City Council Chambers
14343 Civic Drive
Victorville, CA
www.victorvilleca.gov
VICTORVILLE CITY COUNCIL
VICTORVILLE LIBRARY BOARD OF TRUSTEES
SOUTHERN CALIFORNIA LOGISTICS RAIL AUTHORITY
SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
THE CITY AS HOUSING ASSETS SUCCESSOR
JOINT POWERS FINANCING AUTHORITY
VICTORVILLE WATER DISTRICT
Regular Meeting Agenda
Tuesday, December 20, 2022
6:00 p.m. Regular Session
The
City
Council
holds
its
business
meetings
in
public
in
accordance
with
the
requirements
of
the
Ralph
M.
Brown
Act,
its
established
policies
and
procedures,
and
its
adopted
parliamentary
authority.
The
Council
strives
to
carry
out
its
meetings
in
an
atmosphere
of
professionalism
with
full
participation
by
members
of
the
body
and
the
public.
As
such,
the
Presiding
Officer
is
empowered
to
govern
City
Council
Meetings
to
foster
the
efficient
and
fair
administration
of
City
business
and
reserves
the
right
to
enforce
(or
cause
to
be
enforced)
the
Meeting
Rules
of
Conduct
and
Decorum
as
set
forth
in
Chapter
5 of
the
City
Council Policy and Procedures Manual.
The
City
Council
welcomes
and
encourages
public
participation
and
invites
the
community
to
attend
in
person.
Now
that
COVID-19
cases
in
our
area
have
reduced
to
a
point
that
social
distancing
requirements
have
been
lifted,
City
Council
Meetings
will
be
held
in-person
at
City
Hall
in
Council
Chambers.
Remote
viewing
of
our
Council
Meetings
is
available
through
YouTube,
but
public comments must be given in-person at the meeting or in advance as noted below.
Public
Comments:
Members
of
the
public
may
submit
comments
electronically
to
by
4 p.m.
the
day
of
the
meeting
to
be
distributed
to
City
Council.
Participants
are
invited
to
address
the
Council
on
agendized
and
non-agendized
topics
at
the
beginning
of
the
meeting.
Public
comments
will
be
no
longer
than
three
(3)
minutes
per
community
member.
Should
a
speaker
conclude
their
comments
prior
to
the
expiration
of
three
(3)
minutes,
the
speaker
waives
the
right
to
speak
for
any
remaining
amount
of
time.
For
further
information
about
how
to
address
the
Council,
please refer to the City’s website at
victorvilleca.gov/government/agendas
.
In
compliance
with
the
Americans
with
Disabilities
Act,
if
you
need
special
assistance
to
participate
in
this
meeting,
please
contact
the
City
Clerk’s
office
at
(760)
955-5188
no
later
than
72 hours
prior
to
the
meeting.
6:00 p.m. Regular Session
Call to Order
Roll Call
Invocation: Pastor Diondre McBride of Sunrise Church
Pledge of Allegiance: Police Captain John Wickum
Proclamations/Special Presentations
City
of
Victorville
Industrial
Waste
Water
Treatment
Plant
Annual
Report
Summary
2021-2022
City Clerk Presents Agenda/Revisions to Agenda
Conflict of Interest Declarations
Any
items
on
this
agenda
that
might
be
a
conflict
of
interest
to
any
Council
Members/Board Members should be identified at this time.
Introduction to Public Comments
Public Comments
PUBLIC HEARING(S)
1. An
Amendment
to
the
City
of
Victorville’s
General
Plan
with
an
Environmental
Impact
Report
to
update
the
Land
Use
Element,
the
Safety
Element
and
the
creation of a new Environmental Justice Element
Recommendation:
That
the
City
Council
conduct
a
public
hearing,
receive
testimony
regarding
the
proposed
project
and
take
the
following
action
as
recommended
by
the
City
of
Victorville Planning Commission: Adopt Resolution No. 22-124, thereby:
(1)
Certifying
the
approval
of
the
Final
Program
Environmental
Impact
Report
(PEIR)
with
CEQA
Findings
of
Fact
and
Statement
of
Overriding
Considerations
and a Mitigation Monitoring Program for the subject General Plan Amendment; and (2)
Adopting
General
Plan
Amendment
Case
No.
PLAN21-00034
to
update
the
Land
Use
Element,
the
Safety
Element
and
create
a
new
Environmental
Justice
Element of the General Plan.
2. Second Reading and Adoption of City Council Ordinance No. 2433
Recommendation:
That Your Honorable City Council:
(1)
Open
and
conduct
a
public
hearing
to
receive
citizen
comments
regarding
Ordinance No. 2433 and the Municipal Code Amendments included therein;
(2)
Find
that
the
action
of
adopting
this
Ordinance
is
not
a
“project”
under
the
California
Environmental
Quality
Act
(CEQA)
Guidelines
pursuant
to
Section
15378(b)(5); and
(3)
Adopt,
by
Second
Reading
(by
title
only)
Ordinance
No.
2433
repealing
and
amending
various
chapters
and
sections
of
Title
8 (Fire)
of
the
Victorville
Municipal
Code
CONSENT CALENDAR
3. Victorville
Water
District
Operating
Results
Report
for
the
First
Quarter
of
Fiscal
Year 2023
Recommendation:
That the Honorable Victorville Water District Board of Directors review and file.
4. Ownership Name Change & Security Substitution for Tract Map No. 15394-2
Recommendation:
That the Honorable City Council:
(1)
Enter
into
a
Subdivision
Improvement
Agreement
with
Won
Chin
Chei
Chen
for
Tract
Map
No.
15394-2
reflecting
the
ownership
name
change
and
the
substitution
of securities;
(2) Enter into a Lien Agreement with Won Chin Chei Chen; and (3)
Release
the
existing
Subdivision
Improvement
Agreement
and
securities
for
said tract.
5. Full
Release
of
Public
Improvement
Labor
&
Materials
Securities
for
Case
Nos.
BLDC18-00108 and EROW20-00087
Recommendation:
That
the
Honorable
City
Council
approve
the
full
release
of
the
Public
Improvements
Labor
and
Materials
Securities
for
case
EROW20-00087
&
BLDC18-
00108.
6. Reduction of Landscaping Securities for Tract Map No. 16684
Recommendation:
That the City Council:
(1)
Approve
an
80-percent
reduction
for
the
Landscape
Maintenance
Assessment
District Faithful Performance Securities for Tract Map No. 16884; and (2) Accept the work for maintenance.
7. Commercial Demand Schedule No. 11
Recommendation:
That
the
City
Council
and
Board
of
Directors
ratify
Commercial
Demand
Schedule
No.
11 in
the
amount
of
$22,651,311.73,
covering
Electronic
Fund
Transfers
No.
332619
through
332798
and
Warrant
No.
788241
through
788420
for
11/22/2022
through
12/01/2022
and
Wire
Transfers
dated
11/28/2022
through
11/29/22,
per
the
adopted
budget
for
Fiscal
Year
2022-2023
for
the
period
covering
July
1,
2022
through June 30, 2023.
8. Automatic License Plate Reader Annual Report
Recommendation:
That the Honorable City Council review and file.
9. Payroll Warrant List
Recommendation:
That
the
City
Council
and
Board
of
Directors
ratify
Payroll
Demand
Schedule
No.
4B
for
Payroll
Period
October
14,
2022,
through
October
28,
2022,
in
the
amount
of
$1,797,622.80
covering
Check
Nos.
33135
through
33147,
including
Vendor
checks.
Please
note
employee
Check
No.
33136
has
a
live
Check
and
an
EFT
Advice.
Also
included
are
Advice
Nos.
293753
and
293756
through
294224,
per
adopted
budget
for
Fiscal
Year
2022-2023
(period
covering
July
1,
2022,
through
June 30, 2023).
10. Payroll Warrant List
Recommendation:
That
the
City
Council
and
Board
of
Directors
ratify
Payroll
Demand
Schedule
No.
5A
for
Payroll
Period
October
28,
2022,
through
November
11,
2022,
in
the
amount
of
$1,871,791.39
covering
Check
Nos.
33148
through
33173,
including
Vendor
checks.
Please
note
employee
Check
No.
33150
has
a
live
Check
and
an
EFT
Advice.
Also
included
are
Advice
Nos.
294225
through
294691,
per
adopted
budget
for Fiscal Year 2022-2023 (period covering July 1, 2022, through June 30, 2023).
11. Annual AB 1600 Development Impact Fee Report for Fiscal Year 2021-2022
Recommendation:
That
the
Honorable
City
Council
adopt
Resolution
No.
22-127
approving
the
annual
AB 1600 Development Impact Fee Report for Fiscal Year 2021-2022
12. Settlement Agreement between the City of Victorville and John Lam
Recommendation:
That
the
Honorable
City
Council
approve
the
Citation
Settlement
Agreement
by
and
between
John
Lam
and
the
City
of
Victorville
in
regard
to
Citation
No.
25851
and
authorize the City Manager to sign the Citation Settlement Agreement.
13. Minutes
of
the
September
20,
2022,
October
4,
2022,
and
October
18,
2022,
Regular City Council Meetings
Recommendation:
That
the
Honorable
City
Council
approve
the
minutes
of
the
Regular
City
Council
Meetings held on September 20, 2022, October 4, 2022, and October 18, 2022 WRITTEN COMMUNICATIONS
14. Wellness Center Project - Phase 1 Supplemental Work Orders Nos. 5 and 6
Recommendation:
That
the
Honorable
City
Council
approve
Supplemental
Work
Order
(SWO)
Nos.
5 and
6,
resulting
in
an
increase
not
to
exceed
$213,784.73,
for
the
Wellness
Center
Phase 1 construction contract.
15. On Call Right of Way Acquisition and Appraisal Services
Recommendation:
That
the
Honorable
City
Council
approve
Amendment
No.
3 to
the
Consultant
/
Professional
Services
Provider
Agreement
with
Dokken
Engineering,
On-Call
Right
of
Way
Acquisition
and
Appraisal
Services,
increasing
the
not
to
exceed
amount
to
$255,027.00.
16. Standard
Sublease
Agreement
for
Building
676
and
717A
by
and
between
the
Southern California Logistics Airport Authority and The Boeing Company
Recommendation:
That
the
Southern
California
Logistics
Airport
Authority
(“SCLAA”)
Board
of
Directors:
(1)
Approve
entering
into
a
Standard
Sublease
Agreement
for
Building
676
and
717A
(“Agreement”),
by
and
between
the
SCLAA
and
The
Boeing
Company,
(“Boeing”); and
(2) Authorize the Airport Director to execute said Agreement.
17. Possible cancellation of a Regular City Council Meeting
Recommendation:
Any action is at the discretion of the City Council.
18. Appointment of Mayor
Recommendation:
That Your Honorable City Council
(1)
Direct
the
City
Clerk
to
open
nominations
for
the
office
of
Mayor,
take
nominations,
announce
the
outcome
of
the
vote
and
declare
the
appointment
upon
a majority vote of the Council.
19. Appointments to City's Committees (Local Appointments List)
Recommendation:
That the City Council:
(1)
Re-affirm
the
appointees
to
the
City's
Committees
as
the
term
of
office
is
coterminous
with
the
term
of
office
of
the
nominating
Councilmember
(Local
Appointments List); and
(2) Open Nominations by newly elected Councilmembers.
20. City Council appointments to outside agencies
Recommendation:
That
the
City
Council
consider
and
appoint
members
to
fill
the
vacant
committee
positions indicated in Attachment A.
21. City Manager Reports
22. Discussion and Possible Action Regarding Upcoming Agenda Items
23. Reports from Council Members
Adjournment
Item Number: 1
City Council / Board of Directors
Public Hearing(s)
Meeting of: December 20, 2022
Submitted By:
Scott Webb, City Planner
Subject:
An Amendment to the City of Victorville’s General Plan with an Environmental Impact Report to update the Land Use Element, the Safety Element and the creation of a new Environmental Justice Element
Recommendation:
That the City Council conduct a public hearing, receive testimony regarding the proposed project and take the following action as recommended by the City of Victorville Planning Commission:
Adopt Resolution No. 22-124, thereby:
(1) Certifying the approval of the Final Program Environmental Impact Report (PEIR) with CEQA Findings of Fact and Statement of Overriding Considerations and a Mitigation Monitoring Program for the subject General Plan Amendment; and (2) Adopting General Plan Amendment Case No. PLAN21-00034 to update the Land Use Element, the Safety Element and create a new Environmental Justice Element of the General Plan.
Fiscal Impact:
A Fiscal and Economic Impact Analysis (Attachment D – Appendix A) was prepared for the Land Use Element update given the increased residential densities and commercial/industrial development intensities included in the update. With increased population and development permitted by the updated land use designations, fiscal impacts to the City are also assumed given the increased utilization of City services (e.g. emergency services, recreational needs, City administrative functions, permitting, etc.).
These fiscal impacts have measured impacts on the City’s operating budget (i.e., revenues and expenditures) with the subject fiscal impact analysis focusing on the General Fund and Measure P funds. Based on maintaining the current level of service and without any additional steps taken by the City, the “Build Out Projections” in 2045 are 2 8
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forecasted to increase General Fund and Measure P Fund expenditures by approximately $4,276,000 over the corresponding yearly revenues. This shortfall is driven primarily by a disproportionate escalation in cost for police and fire services, which is a common trend local governments are experiencing.
In order to close the projected gap between revenue and expenditures without compromising service levels, the City will need to consider steps in the future such as updated user and impact fee’s (such as those recently adopted and effective beginning in 2023), community facilities districts, updated taxes (such as updated transient occupancy tax), or other outside funding sources.
Strategic Goals:
The proposed General Plan Amendment will comply with the City of Victorville 2020-2023 Strategic Plan by addressing “Goal A. Financial Sustainability”, “Goal B. Public Safety”, “Goal C. Community and Economic Development” and “Goal D. Reduce Homelessness” as follows:
•Goal A. Financial Sustainability – As outlined in the Fiscal and Economic Impact Analysis (Attachment D – Appendix A), the planning for new growth has the potential to negatively impact the City’s level of services; however, new revenue opportunities are noted in the impact analysis that will enable the City’s long-term financial model to be adjusted accordingly to maintain adequate reserves, ensuring compliance with the noted goal and its identified strategies.
•Goal B. Public Safety – The updated Safety Element of the General Plan included in the proposed amendment will ensure the City’s Local Hazard Mitigation Plan is incorporated into the City’s long range planning document and memorialize safety strategies to support the City’s future growth.
•Goal C. Community and Economic Development – The inclusion of new land use designations within the Land Use Element such as Mixed Use and the Health & Wellness Overlay Districts will promote a diverse range of land uses that will accommodate new commercial, medical, and housing uses that can be developed in a coordinated approach to attract new businesses and initiate areas of growth. •Goal D. Reduce Homelessness – Updated land use designations with the Land Use Element will allow an increased dwelling unit density, creating new opportunities for affordable housing and supply of permanent housing for all income levels.
Background:
At their November 9, 2022 meeting, the Planning Commission recommended approval of the subject General Plan Amendment by a vote of 4-0 (Attachments H & I), which includes a recommendation to certify and adopt the associated Program Environmental Impact Report (PEIR).
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The proposed General Plan Amendment is presented for review and approval in order to comply with various State mandated laws and regulations. The State mandated elements of the City’s General Plan are outlined by Section 65302 of the California Government Code and include Land Use, Circulation, Housing, Conservation, Open Space, Noise, Safety, and Environmental Justice Elements. While the noted California Government Code Section outlines the required General Plan elements, the section also discusses update schedules and required information for some of the mandatory elements, which is continually subject to updates based upon applicable State legislation. For the purpose of the subject General Plan Amendment, the Land Use and Safety Elements are proposed to be to be updated while the Environmental Justice Element is proposed to be created. The updating and creation of the noted elements will ensure the City complies with the recently adopted Housing Element as well as various State Senate and Assembly Bills as detailed in the Planning Commission Staff Report (Attachment J), which include:
General Plan Element Applicable CA Senate/Assembly Bill Land Use Element Assembly Bill 1397 (2017)
Safety Element
Senate Bill 379 (2015)
Senate Bill 1035 (2018)
Assembly Bill 747 (2019)
Environmental Justice Element Senate Bill 1000 (2016)
Discussion:
While compliance with the City’s adopted Housing Element, as well as the noted State Senate and Assembly Bills, were the driving force behind the proposed amendments, the project also provides new/updated General Plan Elements that include various Goals, Objectives, Polices, and Implementation Measures that create the framework for the City’s decision-making bodies to follow and provide direction for the future of the City of Victorville. A brief synopsis of each element, the environmental review process, the community outreach process, and their main components are discussed as follows:
Land Use Element
The primary purpose of the Land Use Element is to establish the policy foundation that will direct future land use decision-making for Victorville and its Sphere of Influence (SOI) to achieve the community’s long-range goals. It functions as a guide to policy makers, decision makers, the general public, and planners in the City regarding the desired pattern of land use and development through the 2045 planning period and provides an opportunity to determine the future of a community. Through a coordinated approach that accounts for State mandated requirements, existing local and regional plans, and community outreach, the proposed Land Use Element developed Goals, Objectives and Policies that address balanced growth, economic prosperity, quality of life, and community character. The overall Goals of the Land Use Element are provided below, while an exhaustive list of Goals, Objectives and Policies is located within the Draft Land Use Element, included for review and approval as Attachment D.
Land Use Element Goals
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Goal 1
A balanced land use pattern to accommodate Victorville’s future housing, commerce, industry, recreation and open space, education, employment, social, and health needs.
Goal 2 An efficient, fiscally responsible, and sustainable growth strategy.
Goal 3 A thriving and resilient economy with a range of well-paying employment opportunities and a diversified and sustainable tax base.
Goal 4
A safe city where community members have a high quality of life and healthful lifestyle, and where equity is routinely considered in land use policies and decision-making.
Goal 5 An aesthetically pleasing community.
The Goals noted above are implanted further by the Objectives and Policies outlined in the Draft Land Use Element, which set actionable targets and guide policy decisions through the year 2045. Utilizing the noted Goals, Objectives and Policies, the City’s future revision to the Zoning Ordinance and the Zoning Map will be designed to prioritize infill development, expand available housing types for a board range of income levels, promote of mixed-use development, and ensure land use flexibility. This rationale also guided the included update to the Draft Land Use Element - Land Use Map (Attachment E) that outlines the general distribution, location, and type of land uses throughout the City of Victorville.
Safety Element
The Safety Element is intended to identify and, whenever possible, reduce the impact of natural and human-made hazards that may threaten the health, safety, and property of the residents living and working in the Victorville and its Sphere of Influence (SOI). It emphasizes hazard reduction and mitigation, accident prevention, and emergency response and management. In addition, the Safety Element emphasizes the importance of policies that reduce risk, prevent disasters, and increase preparedness. Natural hazards, climate change hazards, and human-made hazards are addressed in the Safety Element in order to provide a Safety Element that includes the following characteristics as outlined in the Vision of the Safety Element:
•Protects the community from natural and human-made hazards, •Protects public health and safety,
•Maintains optimal emergency preparedness,
•Fosters interagency cooperation and coordination, and
•Increases resilience to the impacts of climate change.
By incorporating mandatory State requirements, reviewing potential hazards, and assessing the City’s vulnerability as well as identifying and assessing the City’s emergency preparedness and planning, the proposed Safety Element developed Goals, Objectives, Policies and Implementation Measures that address the desired characteristics outlined in the Vison of the Safety Element. The overall Goals of the Safety Element are provided below, while an exhaustive list of Goals, Objectives and Policies is 2 8
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located within the Draft Safety Element, included for review and approval as Attachment F.
Safety Element Goals
Goal 1 Protection from Hazards – Protect the Community against Natural and Human-Made Hazards.
Goal 2 Protection of Public Health and Safety – Integrate Public Health and Safety Issues into Planning and Development Policies.
Goal 3 Increase Resilience to the Impacts of Climate Change.
The Goals noted above are implemented further by the Objectives and Policies outlined in the Draft Safety Element that set actionable targets and guide policy decisions until the subsequent adoption of a new Local Hazard Mitigation Plan requires revision of the subject element. Together, the Goals, Objectives and Policies outlined in the Draft Safety Element are intended to reduce risk, prevent disasters, and increase preparedness within the City of Victorville.
Environmental Justice Element
Senate Bill 1000 (SB 1000) requires cities with communities disproportionately impacted by environmental burdens to adopt Environmental Justice Elements as part of their General Plan, which are required to identify disadvantaged communities and ensure the fair treatment of people of all races, incomes, and ethnicity with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations, and policies. In accordance with California Government Code Section 35040.12, environmental justice includes but is not limited to the following:
•The availability of a healthy environment for all people. •The deterrence, reduction, and elimination of pollution burdens for populations and communities experiencing the adverse effects of that pollution so that those populations and communities do not disproportionately bear the effects of the pollution.
•The governmental entities engaging and providing technical assistance to populations and communities most impacted by pollution to promote their meaningful participation in all phases of the environmental and land use decision-making process. •The meaningful consideration of recommendations from populations and communities most impacted by pollution and other hazards into environmental and land use decisions.
Inasmuch as the City of Victorville and its SOI includes area meeting the various definitions of a “disadvantaged community”, the City is required to adopt Objectives and Policies in the General Plan that address the needs of such communities including improving air and water quality, enhancing access to healthy food as well as safe and sanitary housing, increasing recreational opportunities, and promoting civic engagement.
The overall Objectives of the Environmental Justice Element are provided below, while 2 8
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an exhaustive list of Objectives, Strategies and Policies is located within the Draft Environmental Justice Element, included for review and approval as Attachment G.
Environmental Justice Element Objectives & Strategies
Objective I Reduce Pollution Exposure and Improve Air Quality.
Objective II Promote Access to Public Facilities & Services.
Objective III Improve Access to Healthy Food.
Objective IV Promote Access to Physical Activity and Recreation.
Objective V Improve Access to Safe, Sanitary, and Affordable Housing.
Objective VI Reduce Exposure to Climate Hazards.
Objective VII Improve Civic Engagement in Public Decision-Making Processes.
The noted Objectives are implemented by the Strategies and Polices outlined in the Draft Environmental Justice Element that set actionable targets and guide policy decisions through the year 2045 or until two or more elements are revised concurrently. The noted Objectives, Strategies, and Policies seek to reduce unique or compounded health risks, promote civic engagement in the public decision-making process, and prioritize improvements and programs to primarily benefit disadvantaged communities.
Environmental Analysis
The proposed project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA) and State CEQA Guidelines. An Initial Study was prepared for the project by consultant Harris & Associates, resulting in the Notice of Preparation of a Draft Program Environmental Impact Report (PEIR). The Draft PEIR (Attachment B) analyzes the proposed project’s effects on environmental factors and concludes that there will be significant and unavoidable environmental impacts to either the human-made or physical environmental setting; however, with the inclusion of the mitigation measures outlined in the Draft PEIR and the Mitigation Monitoring and Reporting Program (Attachment C), the significant and unavoidable impacts will be substantially reduced. The Draft PEIR identifies that mitigation measures related to air quality, biological resources, cultural resources, greenhouse gas emissions, and noise, would in some instances reduce any potential impacts to a level of less than significant while other instances remain significant and unavoidable. The significant and unavoidable impacts related to air quality, cultural resources, greenhouse gas emissions, and noise are the result of increased housing densities that are State mandated to achieve progress towards the Regional Housing Needs Allocation (RHNA) targets, making the alternative identified in the PEIR infeasible.
The proposed General Plan Amendment is also a policy document and does not include any physical changes or development in the City at this time. It is anticipated that during the review of actual site development proposals, the mitigation measures included in the PEIR will be utilized to identify additional mitigation measures and reduce any impacts to a level of less than significant.
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Community Outreach
In order to ensure opportunities to provide input was provided to all City of Victorville residents, community members and stakeholders, the General Plan Amendment process included the formulation and implementation of a Public Engagement Plan (Attachment G – Appendix B). While promoting civic engagement in the public decision-making process is required by California Government Code Section 65302 for the creation of the Environmental Justice Element, the Public Engagement Plan was used to implement strategies and incorporate opportunities for participation for the entire General Plan Amendment that included multiple Planning Commission workshops, the formation of a Safety Committee and a Community Advisory Committee that each held public meetings, dedicated webpages, and community surveys. The complete scope of community outreach measures is discussed in the Planning Commission Staff Report (Attachment J); however, with the implementation of the Public Engagement Plan, the public was provided opportunities to participate and provide input during each stage of development of the proposed General Plan Amendment.
Based on the information outlined within this report, staff is recommending that the City Council approve Resolution No. 22-124 (Attachment A), thereby approving the Final Program Environmental Impact Report (Attachments B & C) and adopting the General Plan Update (Attachments D, E, F & G).
Attachments:
Attachment A – Resolution No. 22-124
Attachment B – Final Program Environmental Impact Report (PEIR) & Draft PEIR Attachment C – CEQA Findings of Fact and Statement of Overriding Considerations & PEIR Mitigation Monitoring and Reporting Program
Attachment D – Draft Land Use Element
Attachment E – Draft Land Use Map
Attachment F – Draft Safety Element
Attachment G – Draft Environmental Justice Element
Attachment H – Planning Commission Executive Summary and Except Minutes – November 9, 2022
Attachment I – Planning Commission Resolution No. P-22-045 – Approved November 9, 2022
Attachment J – Planning Commission Staff Report (Report Only)
CITY COUNCIL
ATTACHMENT A
General Plan Amendment
Resolution No. 22-124
RESOLUTION NO. 22-124
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VIC TORVILLE CERTIFYING AND
ADOPTING THE FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT (PEIR) WITH CEQA
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS FOR GENERAL PLAN AMENDMENT CASE NO. PLAN21-00034; AND, ADOPTING GENERAL PLAN AMENDMENT CASE NO. PLAN21-00034 - AN AMENDMENT TO THE CITY OF VICTORVILLE
GENERAL PLAN WITH AN ENVIRONMENTAL IMPACT REPORT TO UPDATE THE LAND
USE ELEMENT, THE SAFETY ELEMENT AND THE CREATION OF A NEW
ENVIRONMENTAL JUSTICE ELEMENT
WHEREAS, the City of Victorville Planning Departm ent has initiated a General Plan Amendment to update the Land Use and Safety Element s of the General Plan and add an Environmental Justice Element of the General Plan in order to comply with the requirements of the adopted and certified 6
th Cycle Housing Element as well as the Government Code Section 65302; and
WHEREAS, the City of Victorville adopted a Local Hazard Mitigation Plan on December 21
st , 2021, via Resolution No. 21-112; and
WHEREAS, the City of Victorville adopted the 6 th Cycle Housing Element of the General Plan on January 18 th , 2022, via Resolution No. 22-005; and WHEREAS, the California Department of Housing and Community Development certified the City of Victorville adopted 6 th Cycle Housing Element on February 9, 2022; and WHEREAS, pursuant to California Government Code S ection 65302(g) and AB 747 (2019) the adoption a Local Hazard Mitigation Plan and adoption and certification of the 6th Cycle Housing Element of the General Plan requires an amendment to the Safety Element of the General Plan to address climate adaptation and resiliency strategies as well as to identify evacuation routes and their capacity, safety, and viability; and
WHEREAS, the adoption and certification of the 6
th Cycle Housing Element of the
General Plan requires an amendment to the Land Use Element of the General Plan in order to Resolution No. 22-124 December 20, 2022
accommodate the required residential housing sites/densities and meet the Goals and Objectives outlined in the 6
th Cycle Housing Element; and
WHEREAS, pursuant to California Government Code S ection 65302(h) the adoption or revision of two or more elements of the City’s General Plan requires the adoption of an Environmental Justice Element, or related goals, polices, and objectives; and WHEREAS, a public hearing was held by the Plannin g Commission on the on the 9th day of November 2022, pursuant to Title 7, Division I, Chapter 3, Article 6 of the Government Code, State of California, to hear arguments for and against the issue, who subsequently voted 4-0 in favor of certifying and adopting the Final Progr am Environmental Impact Report (PEIR) with CEQA Findings of Fact and Statement of Overriding Considerations, and recommending approval of the General Plan Amendment to the City Council; and
WHEREAS, a public hearing was duly held before th e City Council of the City of Victorville on the 20th day of December 2022, pursuant to Title 7, Division I, Chapter 3, Article 6 of the Government Code, State of California, and Secti on 16-2.05.010 of the Victorville Municipal Code for the purpose of taking public input relative to the General Plan Amendment; and WHEREAS, in accordance with the California Environmental Quality Act (CEQA), and the CEQA Guidelines, the City of Victorville Pl anning Department undertook and completed an Initial Study for the project, the result of which was the preparation and circulation of a Program Environmental Impact Report (PEIR); and
WHEREAS, the Initial Study, Draft PEIR, Final PEIR, supporting documents, comments from responsible agencies, and a Mitigation Monitoring and Reporting Program for the proposed General Plan Amendment have been presented to the City Council and Planning Commission; and
WHEREAS, the Planning Commission found and the City Council concurs that no new significant information has been received that would require recirculation of the PEIR; and Resolution No. 22-124 December 20, 2022
WHEREAS, after review and consideration of the envi ronmental information the Planning Commission found and the City Council concurs that the proposal will have a significant effect on the environment; and
WHEREAS, the City Council finds that certain identi fied significant and unavoidable impacts to air quality, cultural resour ces, greenhouse gas emissions, and noise contained within the CEQA Findings of Fact and Stat ement of Overriding Considerations cannot be mitigated to a level of insignificance after mitigations; and WHEREAS, the City Council finds that that specific economic, legal, social, technological, or other considerations, including c onsiderations of the provision of employment opportunities for highly trained workers, make infeasible alternative or further mitigation measures beyond those identified in the Final PEIR given the required components of the proposed amendment such as increased residential density in order progress towards meeting the City’s share of the Regional Housing Needs Assessment; and
WHEREAS, the Planning Commission found and the City Council concurs that that the Program Environmental Impact Report (PEIR) refl ects the lead agency’s independent judgment and analysis; and
WHEREAS, the Planning Commission found and the Ci ty Council concurs that that the proposed General Plan Amendment is consist ent with the goals, policies, and objectives of the General Plan as it implements Housing Element Objectives A, C, and P; and WHEREAS, the Planning Commission found and the Ci ty Council concurs that that the proposed General Plan Amendment will furth er the City’s ability to meet the Regional Housing Needs Assessment (RHNA) goals by increasing the number and variety of dwelling units possible within the City; and
WHEREAS, the Planning Commission found and the Ci ty Council concurs that the proposed General Plan Amendment will ensure the City’s compliance with the applicable Sections of the California Government Code, and
Resolution No. 22-124 December 20, 2022
WHEREAS, the City Council finds that all material s that constitute the record of proceedings upon which its decision is based, shall be located with the City of Victorville Clerk, located at 14343 Civic Drive, Victorville, CA; and
WHEREAS, after hearing all verbal and written tes timony offered, including the Planning Commission’s recommendation and minutes, a nd after thoroughly reviewing and considering the proposal, the City Council, in the exercise of its discretion as the final legislative and adjudicatory body of the City, pursuant to Titl e 7, Division I, Chapter 3, Article 6 of the Government Code of the State of California and Sect ion 16-2.05.010 of the Victorville Municipal Code, based on substantial evidence in the record, votes to certify and adopt the Final Program Environmental Impact Report (PEIR) with CEQA Findin gs of Fact and Statement of Overriding Considerations, and to approve General Plan Amendment Case No. PLAN21-00034.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VIC TORVILLE DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Recitals
The recitals set forth above are true and correct a nd are hereby incorporated by this reference as if set forth in their entirety.
Section 2. Severability
The City Council declares that, should any provisio n, section, paragraph, sentence or word of this Resolution be rendered or declared inv alid by any final court action in a court of competent jurisdiction or by reason of any preempti ve legislation, the remaining provisions, sections, paragraphs, sentences or words of this Re solution as hereby adopted shall remain in full force and effect.
Section 3. Effective Date
This Resolution shall take effect immediately upon passage.
Resolution No. 22-124 December 20, 2022
Section 5. Environmental Review
After review and consideration of the environmental information, including the Final Program Environmental Impact Report (PEIR) and Draf t PEIR (Exhibit “A”), the City Council hereby adopts the attached “Statement of Overriding Considerations” located within Section 6 of the “CEQA Findings of Fact and Statement of Overrid ing Considerations” (Exhibit “B”) and certifies and adopts the attached Final PEIR and Dr aft PEIR (Exhibit “A”), including the Mitigation Monitoring and Reporting Program, which have been completed in compliance with the California Environmental Quality Act, the State CEQA Guidelines, and local procedures adopted pursuant thereto and reflects its independent judgment and analysis.
Section 6. General Plan Amendment
The Land Use Element and the Safety Element of the City of Victorville General Plan are replaced with the attached Land Use Element (Exhibit “C”) and Safety Element (Exhibit “D”) and the attached Environmental Justice Element (Exhibit “E”) is added to the City of Victorville General Plan.
Section 7. Minor Changes
The City Manager, or his or her designee, is hereby authorized by the City Council to make any non-substantive revisions to the subject G eneral Plan Amendment that do not alter the intent or purpose of the Goals, Objectives, Pol icies, or Strategies outlined in the General Plan Amendment, including but not limited to replac ement or addition of graphics and/or title/cover pages, correction of grammatical errors, organizational updates, etc.
Section 8. Certification
That the City Clerk shall certify the passage and adoption of this Resolution.
City Council
Resolution No. 22-124
Exhibit “A”
Final Program Environmental Impact
Report (PEIR) and Draft PEIR
FINAL
Program Environmental Impact Report
City of Victorville General Plan Update
November 2022
Prepared for:
City of Victorville
14343 Civic Drive
Victorville, California, 92392
Contact: Scott Webb
Prepared by:
600 B Street, Suite 2000
San Diego, California 92101
(619) 236-1778
Contact: Kristin Blackson, PMP
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Revisions to the Draft Program Environmental Impact Report Final PEIR RTC-1 November 2022
City of Victorville General Plan Update
Revisions to the Draft Program Environmental Impact Report Introduction
This section contains revisions to the Draft Program Environmental Impact Report (PEIR) for the City of Victorville General Plan Update (project) based on additional or revised information required to prepare a response to a specific comment.
Pursuant to California Environmental Quality Act Guidelines, Section 15088.5(a), recirculation of a Draft Environmental Impact Report (EIR) is only required when significant new information is added to the Draft EIR after public review of the Draft EIR but before certification. Significant new information may include changes to the project or environmental setting and additional data or other information. New information added to a Draft EIR is not significant unless the Draft EIR is changed in a way that deprives the public of a meaningful opportunity to comment on a substantial adverse effect of the project or a feasible way to mitigate or avoid such an effect (including feasible alternatives) that the project proponents have declined to implement.
Recirculation is not required where the new information merely clarifies, amplifies, or makes insignificant modifications (CEQA Guidelines, Section 15088.5).
All modifications to the Draft PEIR were evaluated to determine if new or more severe impacts were identified and whether feasible mitigation or avoidance measures were identified but rejected.
None of the changes made would add any new significant information; therefore , recirculation is not required.
Changes made to the D raft P EIR are identified in strikeout text to indicate dele tions and in underlined text to signify additions.
Draft Program Environmental Impact Report Revisions
The following sections of the Draft PEIR have been revised in response to comments received on the Draft PEIR.
Executive Summary
Table ES-3, Summary of Impacts of the Proposed Project, has been revised as follows.
Revisions to the Draft Program Environmental Impact Report Final PEIR RTC-2 November 2022
City of Victorville General Plan Update
Table ES-3. Summary of Environmental Impacts and Mitigation Measures Impact
Level of
Significance
Before Mitigation Mitigation Measure
Level of
Significance After
Mitigation
Section 3.1, Air Quality
Threshold 1: Consistency with
Applicable Air Quality Plan
LS None. LS
Threshold 2: Cumulative
Increase in Criteria Pollutant
Emissions
PS AIR-1: Site-Specific Air Quality Analysis. Before the issuance of a grading or construction permit and in conjunction with any required California Environmental Quality Act (CEQA) review, the project applicant shall submit to the City of Victorville Planning and Building Departments documentation that the project is consistent with the Mojave Desert Air Quality Management District (MDAQMD) significance thresholds contained in the MDAQMD CEQA and Federal Conformity Guidelines. A project -specific Air Quality Analysi s quantifying the potential air emissions of project construction shall be prepared by a qualified air quality professional. This Air Quality Analysis shall demonstrate that criteria pollutant emissions are below the MDAQMD significance thresholds outlined in the MDAQMD CEQA and Federal Conformity Guidelines (2020). If the Air Quality Analysis cannot demonstrate that the project is below the MDAQMD significance thresholds before mitigation, project applicant shall provide documentation to the City detailing the measures that would be implemented and that mitigated emissions would be below MDAQMD significance thresholds.
SU
Threshold 3: Sensitive
Receptors
PS AIR-2: Health Risk Assessment. A Health Risk Assessment shall be prepared by a qualified air quality professional for future projects that would generate toxic air contaminants (such as diesel particulate matter) in the General Plan Update Planning Area or that would locate a new sensitive receptor within the following screening-level distances identified in the Mojave Desert Air Quality Management District (MDAQMD) CEQA and Federal Conformity Guidelines (2020):
any industrial project within 1,000 feet; a distribution center (40 or more trucks per day) within 1,000 feet; a major transportation project wit hin 1,000 feet; a dry cleaner using perchloroethylene within 500 feet; and a gasoline dispensing facility within 300 feet. A project shall not be considered for approval until a Health Risk Assessment has been completed and approved by the MDAQMD. The methodology for the Health Risk Assessment shall follow the Office of Environmental Health Hazard Assessment guidelines for the preparation of Health Risk Assessments. If a potentially significant health risk is identified, the Health Risk Assessment shall ide ntify appropriate measures, such as upgrading building ventilation systems, to reduce the potential health risk to below a significant level, or the sensitive receptor or proposed facility shall be sited in another location.
SU
Revisions to the Draft Program Environmental Impact Report Final PEIR RTC-3 November 2022
City of Victorville General Plan Update
Table ES-3. Summary of Environmental Impacts and Mitigation Measures Impact
Level of
Significance
Before Mitigation Mitigation Measure
Level of
Significance After
Mitigation
Threshold 4: Odors
PS AIR-3: Odor Management Plan. If it is determined during project-level environmental review that a discretionary project has the potential to emit nuisance odors beyond the property line, an odor management plan shall be prepared and submitted by the projec t applicant prior to project approval to ensure compliance with the Mojave Desert Air Quality Management District (MDAQMD) Rule 402 for projects in the Planning Area. The following types of projects with the specified buffer distances from sensitive recept ors have the potential to generate substantial odors: wastewater treatment plant (2 miles), sanitary landfill (1 mile), transfer station (1 mile), composting facility (1 mile), petroleum refinery (2 miles), asphalt batch plant (1 mile), chemical manufacturing (1 mile), fiberglass manufacturing (1 mile), painting/coating operations (1 mile), food processing facility (1 mile), feed lot/ dairy (1 mile), and rendering plant (1 mile). The odor management plan prepared for these facilities shall identify control technologies that will be utilized to reduce potential odors to acceptable levels, including appropriate enforcement mechanisms. Control technologies may include but are not limited to scrubbers (e.g., air pollution control devices) at an industrial facili ty. Control technologies identified in the odor management plan shall be identified as mitigation measures in the environmental document and/or incorporated into the site plan.
LS
Section 3.2, Biological Resources
Threshold 1: Candidate,
Sensitive, or Special-Status
Species
PS BIO-1: Pre-Construction Nesting Bird and Raptor Surveys . To the extent feasible, grubbing, trimming, or clearing of vegetation from the Planning Area shall not occur during the general bird and raptor nesting season (January 15 through September 15). If grubbing, trimming, or clearing of vegetation cannot feasibly occur outside the general bird and raptor nesting season, a qualified biologist shall perform a pre -construction nesting bird and raptor survey in sites in the Planning Area with vegetation supporting nesting birds and raptors.
Nesting bird and raptor surveys shall occur within 10 days before the start of vegetation clearing or grubbing to determine if active bird nests are present. If no active bird nests ar e identified on a site or within a 300 -foot buffer of the site, no further mitigation is necessary. If active nests of bird species covered by the Migratory Bird Treaty Act are detected on sites in the Planning Area during the 10-day pre-construction survey, construction activities shall stay outside a 300 -foot buffer around the active nest. For raptor species, this buffer shall be expanded to 500 feet. It is recommended that a biological monitor be present to delineate the boundaries of the buffer area and to monitor the active nest to ensure that nesting behavior is not adversely affected by construction activity. Once the young have fledged and a qualified biologist has determined the nest is inactive, normal construction activities can occur.
LS
Revisions to the Draft Program Environmental Impact Report Final PEIR RTC-4 November 2022
City of Victorville General Plan Update
Table ES-3. Summary of Environmental Impacts and Mitigation Measures Impact
Level of
Significance
Before Mitigation Mitigation Measure
Level of
Significance After
Mitigation
Threshold 2: Riparian Habitat
and Other Sensitive Natural
Communities
LS None. LS
Threshold 3: Wetlands
PS BIO-2: Aquatic Resources Delineation . Future projects within or adjacent to the Mojave River or other aquatic resources that have the potential to impact sensitive aquatic resources shall be required to conduct an aquatic resources delineation following the methods outlined in the 1987 U.S. Army Corps of Engineers Wetland Delineation Manual and the Regional Supplement to the U.S. Army Corps of Enginee rs Wetland Delineation Manual: Arid West Region to map the extent of wetlands and non -wetland waters, determine jurisdiction, and assess potential impacts. The aquatic resources shall be conducted by a qualified biologist.
The results of the delineation shall be presented in an Aquatic Resources Delineation Report and be incorporated into the California Environmental Quality Act documents required for approval and permitting of the proposed project.
BIO-3: Aquatic Resources Permitting. Future projects within or adjacent to Mojave River or other aquatic resources that have been determined through Mitigation Measure BIO-2 to have a significant impact to sensitive aquatic resources shall obtain required permits and authorizations from the U.S. Army Corps of Engineers, California Department of Fish and Wildlife, and Lahontan Regional Water Quality Control Board. The regulatory agency authorizations shall include impact avoidance and minimization measures and mitigation measures for unavoidable impac ts.
Specific avoidance and minimization measures and mitigation measures for impacts to jurisdictional resources shall be determined through discussions with the regulatory agencies during the proposed project permitting process and may include monetary co ntributions to a mitigation bank or habitat creation, restoration, or enhancement.
LS
Threshold 4: Native Resident
or Migratory Fish or Wildlife
Species
PS See Mitigation Measure BIO-1. LS
Threshold 5: Conflict with Tree
Preservation Policy or
Ordinance
LS None. LS
Threshold 6: Conflict with
Habitat Conservation Plan
LS None. LS
Revisions to the Draft Program Environmental Impact Report Final PEIR RTC-5 November 2022
City of Victorville General Plan Update
Table ES-3. Summary of Environmental Impacts and Mitigation Measures Impact
Level of
Significance
Before Mitigation Mitigation Measure
Level of
Significance After
Mitigation
Section 3.3, Cultural Resources and Tribal Cultural Resources Threshold 1: Historical
Resources
PS CUL-1: Identification and Evaluation of Built Environment Resources . For future development projects with the potential to impact built environment resources, the evaluation of built environment resources shall be performed by an architectural historian or historian who meets the Professionally Qualified Standards in architectural history or history as determined by the City of Victorville. If built environment resources have been identified that meet the age- threshold for eligibility then the qualified architectural historian or historian shall conduc t a reconnaissance-level and/or intensive-level survey in accordance with the California Office of Historic Preservation guidelines to identify any previously unrecorded potential historical resources that may be potentially affected by the project. Pursua nt to the definition of a historical resource under the California Environmental Quality Act, potential historical resources shall be evaluated under a developed historic context.
CUL-2: Additional Mitigation for Built Environment Resources. If avoidance or preservation in place of a built environment resource is not possible then appropriate site-specific mitigation measures shall be established and undertaken. To ensure that projects requiring the relocation, rehabilitation, or alteration of a historical resource do not impair its significance, the Secretary of the Interior’s Standards for the Treatments of Historic Properties shall be used to the maximum extent possible. The application of the standards shall be overseen by a qualified architectural historian or historic architect meeting the Professionally Qualified Standards set by the City of Victorville. Prior to any construction activities that may affect the historical resource, a report identifying and specifying the treatment of character-defining features and construction activities shall be provided to and approved by the City of Victorville.
If the project would result in the demolition or significant alteration of a historical resource, the project shall record the resource prior to construction activities. Recordation shall take the form of Historic American Buildings Survey, Historic American Engineering Record, or Historic American Landscape Survey documentation and shall be performed by an architectural historian or historian who meets the Professionally Qualified Standards set by the City of Victorville. Documentation shall include an architectural and historical narrative; photographs; and supplementary information such as building plans and elevations, and/or historic photographs. Documentation shall be reproduced on archival paper and placed in appropriate local, state, or federal institutions. The specific scope and details of documentation shall be developed at the project level.
SU
Revisions to the Draft Program Environmental Impact Report Final PEIR RTC-6 November 2022
City of Victorville General Plan Update
Table ES-3. Summary of Environmental Impacts and Mitigation Measures Impact
Level of
Significance
Before Mitigation Mitigation Measure
Level of
Significance After
Mitigation
Threshold 2: Archaeological
Resources
PS CUL-3: Site-Specific Cultural Resources Study and Evaluation of Resources . Future projects that would disturb previously undeveloped areas or areas containing known archaeological resources shall complete a Cultural resource assessment performed under the supervision of an archaeologist that meets the Secretary of the Interior’s Professionally Qualified Standards as determined by the City of Victorville. Assessments shall include a California Historical Resources Information System records search at the South Central Coast Information Center and a search of the Sacred Lands Files maintained by the Native American Heritage Commission. A Phase I pedestrian survey shall be undertaken in areas that are undeveloped to locate any surface cultural materials and/or a built envi ronment resources survey shall be conducted. If resources are identified during the site -specific archaeological survey, then a Phase II evaluation of the resources to the California Register of Historical Resources shall be conducted to determine if the r esource is significant under the California Environmental Quality Act, and would be adversely impacted by the project. A Native American monitor from a culturally affiliated Tribe shall be present during any archaeological excavations involving prehistoric cultural resources. The evaluation of built environment resources shall be performed by an architectural historian or historian who meets the Professionally Qualified Standards in architectural history or history.
If no significant resources are found, and site conditions are such that there is no potential for further discoveries, then no further action is required. All resources should be documented on the appropriate Department of Parks and Recreation site forms and results of all assessments should be documented in a technical report.
If potentially significant archaeological resources are identified during the Phase I or Phase II assessments, and impacts to these resources cannot be avoided, then appropriate site-specific mitigation measures shall be established and undertaken as described in Mitigation Measure CUL-4.
If no significant resources are found, but there is potential for unknown archaeological resources or Tribal Cultural Resources to be uncovered during specific project activities, then Mitigation Measure CUL-5 (archaeological and Native American monitoring program) shall be implemented.
CUL-4: Avoidance and Preservation of Cultural Resources. The preferred alternative for mitigating impacts to cultural resources and Tribal Cultu ral Resources is avoidance or preservation in place. If avoidance or preservation is demonstrated to be infeasible, then LS
Revisions to the Draft Program Environmental Impact Report Final PEIR RTC-7 November 2022
City of Victorville General Plan Update
Table ES-3. Summary of Environmental Impacts and Mitigation Measures Impact
Level of
Significance
Before Mitigation Mitigation Measure
Level of
Significance After
Mitigation
alternative measures shall be required depending on site conditions and guided by the recommendations of an archaeologist that meets the Secretary of the Interior’s Professionally Qualified Standards. Avoidance of cultural resources and Tribal Cultural Resources may be accomplished through a project redesign. Preservation in place may include planning construction to avoid significant resources; planning parks, green space, or other open space to preserve cultural resources; or “capping” or covering archaeological sites with a layer of soil before building. Alternatively, a Phase III data recovery program may be implemented by a qualified archaeologist and performed in accordance with the Office of Historic Preservation’s Archaeological Resource Management Reports: Recommended Contents and Format (1990) and Guidelines for Archaeological Research Designs (1991).
CUL-5: Archaeological and N ative American Monitoring Program. Because there is always a potential for encountering cultural resources during excavation, the implementation of an archaeological and Native American monitoring program is recommended for future development that would conduct new ground disturbance in ar eas identified as having a potential for unknown archaeological resources or Tribal Cultural Resources. The archaeological and Native American monitoring program shall consist of the full-time presence of a qualified archaeologist and traditionally and cul turally affiliated Native American monitor during ground -disturbing activities, or an alternative frequency approved by the qualified archaeologist and the Native American monitor. If an archaeological and Native American monitoring program is implemented, the program shall include the following:
1. The requirement for the archaeological and Native American monitoring to be noted on applicable construction documents, including plans.
2. The archaeologist and Native American monitor shall attend the pre-construction meeting with the contractor and/or the City.
3. The archaeologist shall maintain ongoing collaborative consultation with the Native American monitor during all ground-disturbing or altering activities, as identified above.
4. In the event that cultural resources are discovered during project activities, all work in the immediate vicinity of the find (within a 60 -foot buffer) shall cease and a qualified archaeologist meeting Secretary of Interior standards shall be hired to assess the find.
Work on the other portions of the project outside of the buffered area may continue during this assessment period. Additionally, the Yuhaaviatam of San Manuel Nation Cultural Resources Department shall be contacted regarding any pre -contact and/or historic-era finds and be provided information after the archaeologist makes his/her initial assessment Revisions to the Draft Program Environmental Impact Report Final PEIR RTC-8 November 2022
City of Victorville General Plan Update
Table ES-3. Summary of Environmental Impacts and Mitigation Measures Impact
Level of
Significance
Before Mitigation Mitigation Measure
Level of
Significance After
Mitigation
of the nature of the find so as to provide Tribal input with regards to significance and treatment. The archaeologist and/or Native American monitor may halt ground-disturbing activities if archaeological artifact deposits or cultural features are discovered. In general, ground-disturbing activities shall be directed away from these deposits for a short time to allow a determination of potential significance, the subject of which shall be determined by the archaeologist and the Native American monitor. Ground -disturbing activities shall not resume until the archaeologist, in consultation with the Native American monitor and the City, deems the cultural resource or feature has been appropriately documented and/or protected.
5. Archaeological isolates and non -significant materials shall be minimally documented in the field and ground disturbance shall be allowed to resume.
6. The avoidance and protection of discovered unknow n and significant cultural resources and/or unique archaeological resources is the preferable mitigation for the proposed project. If significant pre-contact and/or historic-era cultural resources, as defined by the California Environmental Quality Act (as amended, 2015), are discovered and avoidance cannot be ensured, the archaeologist shall develop a Monitoring and Treatment Plan, the drafts of which shall be provided to the Yuhaaviatam for review. The archaeologist shall monitor the remainder of the project and implement the plan accordingly. If avoidance is not feasible, a Data Recovery Plan may be authorized by the City as the lead agency under the California Environmental Quality Act (see Mitigation Measure CUL-4 for options related to avoidance and preservation of cultural resources).
7. Prior to the conclusion of each project, a Monitoring Report and/or Evaluation Report, which describes the results, analysis and conclusions of the archaeological and Native American monitoring program (such as, but not limited to, a data recovery program) shall be submitted by the archaeologist, along with the Native American monitor’s notes and comments, to the City of Victorville for approval.
Threshold 3: Human Remains
PS See Mitigation Measures CUL-3, CUL-4, and CUL-5.
CUL-6: Identification and Treatment of Human Remains. In the event that human remains (or possible human remains) are encountered, all ground disturbance within 100 feet of the remains shall halt and California Environmental Quality Act Guidelines, Section 15064.5, subdivision (e); California Public Resource Code, Section 5097.98; and California Health and Safety Code, Section 7050.5, shall be followed, including informing the County Medical Examiner and City of Victorville. If human rema ins are determined to be of Native American LS
Revisions to the Draft Program Environmental Impact Report Final PEIR RTC-9 November 2022
City of Victorville General Plan Update
Table ES-3. Summary of Environmental Impacts and Mitigation Measures Impact
Level of
Significance
Before Mitigation Mitigation Measure
Level of
Significance After
Mitigation
origin, the applicant shall comply with the state relating to the disposition of Native American burials that fall within the jurisdiction of the Native American Heritage Commission (California Public Resources C ode, Section 5097). The Medical Examiner shall contact the Native American Heritage Commission to determine the most likely descendant. The most likely descendant shall inspect the site as needed and make recommendations or preferences for treatment of the remains within 48 hours of being granted access to the site. The disposition of the remains shall be overseen by the most likely descendant to determine the most appropriate means of treating the human remains and any associated grave artifacts. The specific locations of Native American burials and reburials is proprietary and shall not be disclosed to the general public. If Native American remains are discovered, the remains shall be kept in situ (in place), or in a secure location, as approved by the mos t likely descendant until the repatriation process can be completed. According to California Health and Safety Code, six or more human burials at one location constitute a cemetery (Section 8100), and disturbance of Native American cemeteries is a felony.
Threshold 4: Tribal Cultural
Resources
PS See Mitigation Measures CUL-3, CUL-4, CUL-5, and CUL-6.
CUL-7: Contact of the Yuhaaviatam of San Manuel Nation Cultural Resources Department. The Yuhaaviatam shall be contacted, as detailed in Mitigation Measure CUL-5, regarding any pre -contact and/or historic -era cultural resources discovered during project implementation and be provided information regarding the nature of the find so as to provide Tribal input with regards to significance and treatment. Should the find be deemed significant, as defined by the California Environmental Quality Act (as amended, 2015), a cultural resource Monitoring and Treatment Plan shall be created by the archaeologist, in coordination with the Yuhaaviatam, and all subsequent finds shall be subject to this plan. This plan shall allow for a monitor to be present that represents the Yuhaaviatam for the remainder of the project, should the Yuhaaviatam elect to place a monitor on site.
Any and all archaeological/cultural documents created as a part of the project (isolate records, site records, survey reports, testing reports, etc.) shall be supplied to the applicant and lead agency for dissemination to the Yuhaaviatam. The lead agency and/or applicant shall, in good faith, consult with the Yuhaaviatam throughout the life of the project.
LS
Revisions to the Draft Program Environmental Impact Report Final PEIR RTC-10 November 2022
City of Victorville General Plan Update
Table ES-3. Summary of Environmental Impacts and Mitigation Measures Impact
Level of
Significance
Before Mitigation Mitigation Measure
Level of
Significance After
Mitigation
Section 3.4, Greenhouse Gas Emissions
Threshold 1: Generation of
Greenhouse Gas Emissions
LS None. LS
Threshold 2: Conflict with
Applicable Plan
PS GHG-1: City-Wide Sustainability Program. The City of Victorville will complete and adopt a Climate Action Plan that meets the criteria specified in CEQA Guidelines, Section 15183.5(b), to be considered a qualified CAP. It is assumed that the adopted Climate Action Plan will demonstrate how the City of Victorville shall implement its fair share of greenhouse gas emissions reductions to achieve statewide emissions reduction goals. The plan will be adopted in a public process following environmental review. The program shall include an inventory of existing community greenhouse gas emissions; establish greenhouse gas emissions reduction targets consistent with Senate Bill 32, Executive Order S -03-05, and EO B -55-18; identify greenhouse gas emissions reduction measures to achieve reduction targets; and establish a program to monitor progress. In addition, the plan will establish a level, based on substantial evidence, below which the contribution to greenhouse gas emissions from activities cove red by the plan would not be cumulatively considerable. Greenhouse gas emissions reduction measures may include but not be limited to the recommendations in Table 1, Priority GHG Reduction Strategies for Local Government Climate Action, in Appendix D to the California Air Resources Board California’s Draft 2022 Climate Change Scoping Plan.
GHG-2: Greenhouse Gas Reduction Features for Individual Projects. Until a local qualified Climate Action Plan is in place, and before the issuance of a building permit, the project applicant shall submit to the City of Victorville Planning and Building Departments documentation showing that the proposed project is consistent with the applicable and feasible recommendations for new development in Table 1, Priority GHG Redu ction Strategies for Local Government Climate Action, in Appendix D to the California Air Resources Board California’s Draft 2022 Climate Change Scoping Plan, provided in Table 3.4 -5, 2022 Scoping Plan Priority GHG Reduction Strategies for Local Government Climate Action, of the PEIR; or implement project specific greenhouse gas mitigation measures as outlined in any required CEQA document (e.g. Mitigated Negative Declaration, EIR, etc.). Additionally, residential development will be required to demonstrate consistency with the following 2022 Scoping Plan recommended attributes, as feasible unless otherwise addressed via project specific greenhouse gas mitigation measures as outlined in any required CEQA document:
• At least 20 percent of the units are affordable to lower-income residents; SU
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Table ES-3. Summary of Environmental Impacts and Mitigation Measures Impact
Level of
Significance
Before Mitigation Mitigation Measure
Level of
Significance After
Mitigation
• Result in no net loss of existing affordable units;
• Utilize existing infill sites that are surrounded by urban uses, and reuse or redevelop previously developed, underutilized land presently served by existing utilities and essential public services (e.g., transit, streets, water, sewer); • Include transit-supportive densities (minimum of 20 residential dwelling units/acre), or are in proximity to existing transit (within ½ mile), or satisfy more detailed and stringent criteria specified in the adopted RTP/SCS for SCS consistency that would go further to reduce emissions; • Do not result in the loss or conversion of the state’s natural and working lands; • Use all -electric appliances, without any natural gas connections, and would not use propane or other fossil fuels for space heating, water heating, or indoor cooking; • Provide EV charging infrastructure at least in accordance with CALGreen Tier 2 standards; and • Relax parking requirements by:
o Eliminating parking requirements or including maximum allowable parking ratios. o Providing residential parking supply at a ratio of <1 parking space per unit. o Unbundling residential parking costs from costs to rent or lease.
Section 3.5, Noise
Threshold 1: Exceedance of
Noise Standards
PS NOI-1: Roadway Noise Measures. Before the approval of building permits and in conjunction with any required California Environmental Quality Act (CEQA) review for new projects that would result in increased vehicular traffic, project applicant s shall be required to complete a site-specific Noise Technical Study to determine if the project would result in a significant increase in traffic noise. A qualified acoustical analyst shall prepare the Noise Technical Study.
If a significant increase in vehicle noise level is identified because of project implementation, the project shall incorporate buffers or other noise reduction measures to the extent feasible to reduce noise levels at affected sensitive receptors to a normally acceptable noise level . Reduction measures that shall be considered include but are not limited to alternative road design, reduced speeds, alternative paving, building retrofits to provide additional noise attenuation, and setbacks or buffers before berms and walls. A qualified acoustical engineer shall design the noise reduction measures. Where noise reduction measures in the public right-of-way are infeasible, the project applicant shall conduct outreach to potentially affected sensitive receptors to determine the feasibility of noise reduction measures on private property, including a noise barrier or building retrofits. Based on affected receptor response, a qualified acoustical engineer shall determine LS (Construction
and Noise Sensitive
Land Use)
SU (Vehicular
Noise)
Revisions to the Draft Program Environmental Impact Report Final PEIR RTC-12 November 2022
City of Victorville General Plan Update
Table ES-3. Summary of Environmental Impacts and Mitigation Measures Impact
Level of
Significance
Before Mitigation Mitigation Measure
Level of
Significance After
Mitigation
the feasibility of a noise barrier on private property and/or the extent of required building retrofits.
The project applicant shall submit plans to the City of Victorville Planning and Building Departments for review and approval before the start of any construction. These plans shall demonstrate that the proposed noise reduction measures would reduce traffic noise exposure at sensitive receptors to the extent feasible.
NOI-2: New Noise Sensitive Land Use. Before the approval of building permits and in conjunction with any required California Environmental Quality Act (CEQA) review for new noise-sensitive projects that are not subject to General Plan Noise Element Implementation Measure 2.1.1.1, project applicants shall be required to complete a site -specific Noise Technical Study to determine if the project would be exposed t o exterior noise levels that exceed the applicable normally acceptable noise compatibility standard in General Plan Noise Element Table N-3, Victorville Land Use Compatibility Standards. If a potentially incompatible exterior noise level is identified, the project shall incorporate noise attenuation features, such as enhanced windows or insulation, to provide interior noise levels of 45 dBA CNEL or below.
The project applicant shall submit the analysis to the City of Victorville Planning and Building Departments for review and approval before the start of any construction. These plans shall demonstrate that the proposed noise reduction measures would reduce interior noise exposure to 45 dBA CNEL or less.
NOI-3: Construction Noise Best Management Practices. Prior to approval of a grading permit for new development requiring use of heavy construction equipment, the construction contractor shall demonstrate that the following best management practices would be implemented during construction, as applicable. Best management practices shall be documented on the project’s grading or other construction plan and submitted to the City of Victorville Planning and Building Departments for review and approval before the start of any construction.
1. Limit hours of construction to between 7:00 a.m. and 7:00 p.m. Monday through Saturday.
2. The construction contractor shall provide written notification to the noise sensitive uses within 500 feet of construction activities at least 3 weeks prior to the start of construction activities informing them of the estimated start date and duration of construction activities.
3. Construction activities that could generate high noise levels, such as pile driving, shall be scheduled during times that would have the least impact on sensitive receptor locations.
4. Stationary construction noise sources, such as temporary generators, shall be located as far from nearby noise-sensitive receptors as possible.
Revisions to the Draft Program Environmental Impact Report Final PEIR RTC-13 November 2022
City of Victorville General Plan Update
Table ES-3. Summary of Environmental Impacts and Mitigation Measures Impact
Level of
Significance
Before Mitigation Mitigation Measure
Level of
Significance After
Mitigation
5. Trucks shall be prohibited from idling along streets serving the construction si te where noise-sensitive receptors are located.
6. Outfit construction equipment with properly maintained, manufacturer -approved or recommended sound abatement means on air intakes, combustion exhausts, heat dissipation vents, and the interior surfaces of engine hoods and power train enclosures.
7. Position (to the extent practical) construction laydown and vehicle staging areas as far from noise-sensitive land uses as feasible.
8. If feasible and determined to be an effective option, install temporary noise barriers around the perimeter of the construction area to minimize construction noise.
Threshold 2: Excessive
Groundborne Vibration or
Noise
PS NOI-4: Vibration Best Management Practices. Before the start of construction activities that would involve use of a vibratory roller (or equivalent equipment) within 235 feet of a vibration- sensitive land use or within 110 feet of other land uses or the use of typical (not vib ratory) construction equipment within 135 feet of a vibration -sensitive land use or within 65 feet of other land uses, the project applicant shall retain a qualified acoustician to demonstrate that vibration would not exceed the applicable FTA threshold (6 5 VdB for vibration-sensitive land uses or 75 VdB for other daytime land uses), or shall identify best management practices to be implemented by the construction contractor to reduce vibration levels to below the applicable threshold. The best management practices shall be included in project construction documents, including the Grading Plan and contract with the construction contractor. Practices may include but not be limited to the following:
a. Use only properly maintained equipment with vibratory isolators b. Operate equipment as far from sensitive receptors as possible c. Use rubber-tired vehicles as opposed to tracked vehicles
NOI-5: Vibration from Industrial Operation. Before the approval of building permits, project applicants for future development projects that would include vibration-generating equipment shall be required to complete a site -specific analysis to determine if proposed sources of vibration would result in a significant vibration at nearby land uses. The analysis shall identify the potential sources of vibration, equipment specifications, and evaluate whether vibration would exceed the applicable FTA threshold at surrounding land uses. If significant vibration levels are identified, the analysis shall identify vibration reduction measures to the extent feasible to reduce vibration levels at affected receptors, such as relocating equipment. The LS (Vibration from
Industrial Operation
and Railroad
Vibration).
SU (Construction
Vibration)
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City of Victorville General Plan Update
Table ES-3. Summary of Environmental Impacts and Mitigation Measures Impact
Level of
Significance
Before Mitigation Mitigation Measure
Level of
Significance After
Mitigation
project applicant shall submit the analysis to the City of Victorville Planning and Building Departments for review and approval before the start of any construction.
NOI-6: Railroad Vibration. Prior to approval of building permits and in conjunction with any required California Environmental Quality Act (CEQA) review, if new vibration-sensitive land uses are in close proximity to the railroad, the project applicant shall retain an acoustical engineer to conduct an acoustic analysis that includes a vibration analysis for potential impacts from vibration generated by operation of the rail line. If levels of vibration are detected that exceed the applicable FTA threshold, the acoustic analysis shall recommend site design features, such as setbacks and trenches, and/or required building improvements, such as harder building materials (e.g., steel framing vs. wood framing), to eliminate the potential for train operations to result in levels of vibration that would interfere with proposed operation. The site design features shall be identified on the Final Site Plan and within associated CEQA documents as applicable to the satisfaction of the City of Victorville Planning and Building Departments.
Threshold 3: Aircraft Noise LS None. LS
Section 3.6, Transportation
Threshold 1: Circulation
System Performance
LS None. LS
Threshold 2: Induction of
Substantial Vehicle Miles
Traveled
LS None. LS
Threshold 3: Hazardous
Design Features
LS None. LS
Threshold 4: Inadequate
Emergency Access
LS None. LS
Revisions to the Draft Program Environmental Impact Report Final PEIR RTC-15 November 2022
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Section 3.3, Cultural Resources and Tribal Cultural Resources In Section 3.3.4.2, Threshold 2: Archaeological Resources , the following mitigation measures have been revised as follows in response to the San Manuel Band of Mission Indians comment letter (Comment Letter A).
CUL-5: Archaeological and Native American Monitoring Program. Because there is always a potential for encountering cultural resources during excavation, the implementation of an arc haeological and Native American monitoring program is recommended for future development that would conduct new ground disturbance in areas identified as having a potential for unknown archaeological resources or Tribal Cultural Resources. The archaeologic al and Native American monitoring program shall consist of the full -time presence of a qualified archaeologist and traditionally and culturally affiliated Native American monitor during ground -disturbing activities, or an alternative frequency approved by the qualified archaeologist and the Native American monitor. If an archaeological and Native American monitoring program is implemented, the program shall include the following:
1. The requirement for the archaeological and Native American monitoring to be noted on applicable construction documents, including plans.
2. The archaeologist and Native American monitor shall attend the pre - construction meeting with the contractor and/or the City.
3. The archaeologist shall maintain ongoing collaborative consultation with the Native American monitor during all ground -disturbing or altering activities, as identified above.
4. In the event that cultural resources are discovered during project activities, all work in the immediate vicinity of the find (within a 60-foot buffer) shall cease and a qualified archaeologist meeting Secretary of Interior standards shall be hired to assess the find. Work on the other portions of the project outside of the buffered area may continue during this assessment period. Additionally, the Yuhaavi atam of San Manuel Nation Cultural Resources Department shall be contacted regarding any pre-contact and/or historic-era finds and be provided information after the archaeologist makes his/her initial assessment of the nature of the find so as to provide Tribal input with regards to significance and treatment. The archaeologist and/or Native American monitor may halt ground - disturbing activities if archaeological artifact deposits or cultural features are discovered. In general, ground-disturbing activities shall be directed away from these deposits for a short time to allow a determination of Revisions to the Draft Program Environmental Impact Report Final PEIR RTC-16 November 2022
City of Victorville General Plan Update
potential significance, the subject of which shall be determined by the archaeologist and the Native American monitor. Ground -disturbing activities shall not resume until the archaeologist, in consultation with the Native American monitor and the City, deems the cultural resource or feature has been appropriately documented and/or protected.
5. Archaeological isolates and non -significant materials shall be minimally documented in the field and ground disturbance shall be allowed to resume.
6. The avoidance and protection of discovered unknown and significant cultural resources and/or unique archaeol ogical resources is the preferable mitigation for the proposed project. If significant pre-contact and/or historic -era cultural resources, as defined by the California Environmental Quality Act (as amended, 2015) , are discovered and avoidance cannot be ens ured, the archaeologist shall develop a Monitoring and Treatment Plan, the drafts of which shall be provided to the Yuhaaviatam for review . The archaeologist shall monitor the remainder of the project and implement the plan accordingly. If avoidance is not feasible, a Data Recovery Plan may be authorized by the City as the lead agency under the California Environmental Quality Act (see Mitigation Measure CUL -4 for options related to avoidance and preservation of cultural resources).
7. Prior to the conclusion of each project, a Monitoring Report and/or Evaluation Report, which describes the results, analysis and conclusions of the archaeological and Native American monitoring program (such as, but not limited to, a data recovery program) shall be submitted by the archaeologist, along with the Native American monitor ’s notes and comments, to the City of Victorville for approval.
In Section 3.3.4.4, Threshold 4: Tribal Cultural Resources, the following mitigation measures have been revised as follows in response t o the San Manuel Band of Mission Indians comment letter (Comment Letter A).
Implementation of Mitigation Measures CUL-3, CUL-4, CUL-5, and CUL-6, and CUL-7 would provide for the determination for the potential for TCRs, avoidance or preservation of known TCRs, monitoring and identification of TCRs during construction activities, and treatment of human remains to reduce potential impacts to TCRs.
CUL-7: Contact of the Yuhaaviatam of San Manuel Nation Cultural Resources Department. The Yuhaaviatam shall be contacted, as detailed in Mitigation Measure CUL -5, regarding any pre -contact and/or historic -era cultural Revisions to the Draft Program Environmental Impact Report Final PEIR RTC-17 November 2022
City of Victorville General Plan Update
resources discovered during project implementation and be provided information regarding the nature of the find so as to provide Tribal input with regards to significance and treatment. Should the find be deemed significant, as defined by the California Environmental Quality Act (as amended, 2015), a cult ural resource Monitoring and Treatment Plan shall be created by the archaeologist, in coordination with the Yuhaaviatam, and all subsequent finds shall be subject to this plan. This plan shall allow for a monitor to be present that represents the Yuhaaviatam for the remainder of the project, should the Yuhaaviatam elect to place a monitor on site.
Any and all archaeological/cultural documents created as a part of the project (isolate records, site records, survey reports, testing reports, etc.) shall be supplied to the applicant and lead agency for dissemination to the Yuhaaviatam. The lead agency and/or applicant shall, in good faith, consult with the Yuhaaviatam throughout the life of the project.
Appendix D, Cultural and Tribal Cultural Resources Technical Report In Section 7.2.3, Mitigation Measure CULT-3: Archaeological and Native American Monitoring Program, the following has been revised in response to the San Manuel Band of Mission Indians comment letter (Comment Letter A).
As there is always a poten tial for encountering cultural resources during excavation, the creation of an archaeological and Native American monitoring program is recommended for future development which will conduct new ground disturbance in areas identified as having a potential for unknown archaeological resources, or Tribal Cultural Resources. The archaeological and Native American monitoring program shall consist of the full -time presence of a qualified archaeologist and traditionally and culturally affiliated Native American mo nitor during ground disturbing activities. The archaeological and Native American monitoring program should include the following:
1. The requirement for the archaeological and Native American monitoring to be noted on applicable construction documents, including plans;
2. The archaeologist and Native American monitor should attend the preconstruction meeting with the contractor and/or the City;
3. The archaeologist shall maintain ongoing collaborative consultation with the Native American Monitor during all ground disturbing or altering activities, as identified above;
4. In the event that cultural resources are discovered during project activities, all work in the immediate vicinity of the find (within a 60 -foot buffer) shall cease and a qualified Revisions to the Draft Program Environmental Impact Report Final PEIR RTC-18 November 2022
City of Victorville General Plan Update
archaeologist meeting Secretary of Interior standards shall be hired to assess the find.
Work on the other portions of the project outside of the buffered area may continue during this assessment period. Additionally, the Yuhaaviatam of San Manuel Nation Cultural Resources Department shall be contacted regarding any pre -contact and/or historic-era finds and be provided information after the archaeologist makes his/her initial assessment of the nature of the find so as to provide Tribal input with regards to significance and treatment The archaeologist and/or Native American Monitor may halt ground disturbing activities if archaeological artifact deposits or cultural features are discovered. In general, ground-disturbing activities shall be directed away from these deposits for a short time to allow a determination of potential significance, the subject of which shall be determined by the archaeologist and the Native American Monitor.
Ground disturbing activities shall not resume until the archaeologist, in consultation with the Native American Monitor and the City, deems the cultural resource or feature has been appropriately documented and/or protected;
5. Archaeological isolates and non-significant materials will be minimally documented in the field and ground disturbance will be allowed to resume;
6. The avoidance and protection of discovered unknown and significant cultural resources and/or unique archaeological resources is the preferable mitigation for the proposed project. If significant pre-contact and/or historic-era cultural resources, as defined by the California Environmental Quality Act (as amended, 2015) , are discovered and avoidance cannot be ensured, the archaeologist shall develop a Monitoring and Treatment Plan, the drafts of which shall be provided to the Yuhaaviatam for review.
The archaeologist shall monitor the remainder of the project and implement the plan accordingly If avoidance is not feasible, a Data Recovery Plan may be authorized by the City as the Lead Agency under CEQA; and
7. Prior to the competition of any projects a Monitoring Report and/or Evaluation Report, which describes the results, analysis and conclusions of the archaeological and Native American monitoring program (such as, but not limited to, a Data Recovery Program) shall be submitted by the ar chaeologist, along with the Native American monitor’s notes and comments, to the City for approval.
In Section 7.2, Mitigation Measures, the following has been added in response to the San Miguel Band of Mission Indians comment letter (Comment Letter A).
7.2.5 Mitigation Measure CULT-5: Contact of Yuhaaviatam of San Manuel Nation Cultural Resources Department
The Yuhaaviatam of San Manuel Nation Cultural Resources Department shall be contacted, as detailed in Mitigation Measure CULT-3, regarding any pre-contact and/or Revisions to the Draft Program Environmental Impact Report Final PEIR RTC-19 November 2022
City of Victorville General Plan Update
historic-era cultural resources discovered during project implementation and be provided information regarding the nature of the find so as to provide Tribal input with regards to significance and treatment. Should the find be deeme d significant, as defined by the California Environmental Quality Act (as amended, 2015), a cultural resource Monitoring and Treatment Plan shall be created by the archaeologist, in coordination with the Yuhaaviatam, and all subsequent finds shall be subje ct to this plan. This plan shall allow for a monitor to be present that represents the Yuhaaviatam for the remainder of the project, should the Yuhaaviatam elect to place a monitor on site.
Any and all archaeological/cultural documents created as a part of the project (isolate records, site records, survey reports, testing reports, etc.) shall be supplied to the applicant and lead agency for dissemination to the Yuhaaviatam. The lead agency and/or applicant shall, in good faith, consult with the Yuhaaviatam throughout the life of the project.
In Section 7.1, Mitigation Measures, the following has been revised due to the addition of a new cultural resource mitigation measure.
7.2.56 Mitigation Measure CULT-56: Identification and Evaluation of Built Environment Resources
The evaluation of built environment resources should be performed by an architectural historian or historian who meets the PQS in architectural history or history. If built environment resources have been identified during implementation of the Project that meet the age-threshold for eligibility then the qualified architectural historian or historian shall conduct a reconnaissance -level and/or intensive -level survey in accordance with the California Office of Historic Preservation (OHP) guideli nes to identify any previously unrecorded potential historical resources that may be potentially affected by the proposed project. Pursuant to the definition of a historical resource under CEQA, potential historical resources shall be evaluated under a developed historic context.
7.2.67 Mitigation Measure CULT-67: Additional Mitigation for Built Environment Resources
If avoidance or preservation in place of a built environment resource is not possible then appropriate site specific mitigation measures shall be established and undertaken. To ensure that projects requiring the relocation, rehabilitation, or alteration of a historical resource not impair its significance, the Secretary of the Interior’s Standards for the Treatments of Historic Properties shall be used to the maximum extent possible. The application of the standards shall be overseen by a qualified architectural historian or historic architect meeting the PQS. Prior to any construction activities that may affect the historical resource, a report identifying and specifying the treatment of character-defining features and construction activities shall be provided to the City. If a proposed project Revisions to the Draft Program Environmental Impact Report Final PEIR RTC-20 November 2022
City of Victorville General Plan Update
would result in the demolition or significant alteration of a historical resource, it cannot be mitigated to a less than significant level. However, recordation of the resource prior to construction activities will assist in reducing adverse impacts to the resource to the greatest extent possible. Recordation shall take the form of Historic American Buildi ngs Survey (HABS), Historic American Engineering Record (HAER), or Historic American Landscape Survey (HALS) documentation, and shall be performed by an architectural historian or historian who meets the PQS. Documentation shall include an architectural and historical narrative; photographs; and supplementary information such as building plans and elevations, and/or historic photographs. Documentation shall be reproduced on archival paper and placed in appropriate local, state, or federal institutions. The specific scope and details of documentation would be developed at the project level.
Responses to Comments
Final PEIR RTC-1 November 2022
City of Victorville General Plan Update
Responses to Comments
Section 15088 of the California Environmental Quality Act (CEQA) Guidelines requires the lead agency ( i.e., City of Victorville [Victorville or City]) to evaluate comments on environmental issues received from public agencies and interested parties that reviewed the Draft Program Environmental Impact Report (PEIR) for the City of Victorville General Plan Update (project) and to prepare written responses.
This section provides all written comments received on the Draft PEIR and the City’s responses to each comment. Comment letters and specific comments are given letters and numbers for reference.
The following is a list of agencies and interested parties that submitted comments on the D raft PEIR during the public review period.
Table RTC-1. Comment Letters Received
Comment Letter Number Commenter Date of Comment Letter
A San Manuel Band of Mission Indians October 7, 2022
B San Bernardino County Department of
Public Works
October 13, 2022
Pursuant to California Public Resources Code, Section 21092.5, and CEQA Guidelines, Section 15088(b), the City provided each public agency that commented on the D raft PEIR a copy of the City’s responses to those comments at least 10 days before certifying the Final PEIR.
Responses to Comments
Final PEIR RTC-2 November 2022
City of Victorville General Plan Update
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Responses to Comments
Final PEIR RTC-A-1 November 2022
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Comment Letter A: San Manuel Band of Mission Indians
A-1: The City of Victorville ( Victorville or City) appreciates the San Manuel Band of Mission Indians ’ (SMBMI’s)
participation in the review of the Draft Program
Environmental Impact Report (PEIR) for the proposed
City of Victorville General Plan Update (project). This comment provides additional cultural resource s
mitigation language to be incorporated into the
project/permit/plan conditions. The City agrees with this comment, and the additional language has be en
incorporated into the cultural resource s mitigation
measures in PEIR Section 3.3, Cultural Resources and
Tribal Cultural Resources, and reflected in the Mitigation Monitoring and Reporting Program. The rev ised cultural resources mitigation measures can be found in the Final PEIR Errata.
Responses to Comments
Final PEIR RTC-A-2 November 2022
City of Victorville General Plan Update
A-2: This comment requests that the City provide the final copy of the revised project/permit/plan conditions for review by the SMBMI. The revised cultural resource s mitigation
measures will be provided to the SMBMI prior to the
project approval as part of the Final PEIR.
Responses to Comments
Final PEIR RTC-A-3 November 2022
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Responses to Comments
Final PEIR RTC-A-4 November 2022
City of Victorville General Plan Update
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Responses to Comments
Final PEIR RTC-B-1 November 2022
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Comment Letter B: San Bernardino County Department of Public Works
B-1: The City of Victorville (Victorville or City) appreciates the San Bernardino County Department of Public Works’
participation in the review of the Draft Program
Environmental Impact Report (PEIR) for the proposed
City of Victorville General Plan Update (project). This comment is an introductory comment and does not raise a significant environmental issue regarding the adequacy or accuracy of information provided in the Draft PEIR.
Therefore, no further response is required.
B-2: This comment states that the PEIR lacks a section covering hydrology and water quality and that any revision to
drainage should be reviewed and approved by the
jurisdictional agencies. The City would like to note that this analysis was included in PEIR Chapter 4, Other CEQA
Considerations. An Initial Study was prepared in accordance with California Environmental Quality Act (CEQA)
Guidelines, Section 15063(c), during the environmental
scoping process (PEIR Appendix A). The Initial Study
determined that less than significant impacts for hydrology and water quality would occur from implementation of the project. The Initial Study concluded that future development projects facilitated by the project would be required to adhere to all federal, state, and local requirements, including National Pollutant Discharge Elimination System permitting and the Construction General Permit, compliance with the
Responses to Comments
Final PEIR RTC-B-2 November 2022
City of Victorville General Plan Update
City’s Municipal Code, and Victorville General Plan 2030 Resource Element goals and policies for implementing water quality plans and incorporating best management practices, to avoid construction and operational impacts that could substantially alter the existing drainage pattern or alter the course of a stream or river. No revisions to the PEIR are required as a result of this comment.
B-3: This comment states that the San Bernardino County Flood Control District’s recommendation is most often made for site-specific conditions and that current recommendations are general. Please see response to comment B -2. This
comment does not raise a significant environmental issue regarding the adequacy or accuracy of information provided in the Draft PEIR. Therefore, no further response is required.
B-4: This comment states that projects within the described flood zones and proposed mitigation should be discussed in the PEIR. See response to comment B -2. As discussed in the Initial Study, there is potential for future projects to be subject to flooding, damage, and public safety issues if located within a 100-year flood zone. T he City’s
Municipal Code contains provisions to safeguard the
public and structures from flood hazards , including
restrictions on uses that are dangerous to health, safety , and property ; controls on alterations of natural
floodplains, stream channels, and natural flood barriers; Responses to Comments
Final PEIR RTC-B-3 November 2022
City of Victorville General Plan Update
and prohibition of development within 100 -year flood
zone areas as identified by the Federal Emergency
Management Agency Flood Insurance Rate Maps and on
City Land Use and Zoning Maps. Article 16 , Flood
Damage Prevention, of t he City’s Municipal Code
contains methods of preventing and reducing flood
hazards, and Article 13, Conservancy and Flood Plain
District, of the City’s Municipal Code provides zoning to ensure safety in floodplain-zoned areas. No revisions to the PEIR are required as a result of this comment.
B-5: This comment states that one of the benefits of the Master Plan of Drainage is to identify the alignment of future drainage and flood control facilities and recommends continued use of this document. This comment does not raise a significant
environmental issue regarding the adequacy or accuracy of information provided in the Draft PEIR. Therefore, no further response is required.
B-6: This comment states that other federal or state approvals may also be required. Please see response to comment B-2. The project does not include specific development. The Initial Study concluded that future development projects facilitated by the project would be required to adhere to all federal, state, and local requirements to avoid construction and operations impacts that could substantially alter the existing drainage pattern or alter the course of a stream or river. No revisions to the PEIR are required as a result of this comment.
Responses to Comments
Final PEIR RTC-B-4 November 2022
City of Victorville General Plan Update
B-7: This comment recommends that the City enforce its most recent Federal Emergency Management Agency regulations
for construction within a Special Flood Hazard Are a and floodplains. See responses to comment B-2 and B-4.
B-8: This comment states that portions of the project are adjacent to the San Bernardino County Flood Control
District right-of-way and facility. Any encroachments on the District’s right -of-way would require a permit that should be addressed in the PEIR. The project does not
propose any specific development. The City
acknowledges the District’s role should future projects impact the District’s right-of-way. This comment does not raise a significant environmental issue regarding the
adequacy or accuracy of the information provided in the Draft PEIR. Therefore, no further response is required.
B-9: The City appreciates the San Bernardino Department of Public Works’ participation in the review of the PEIR and acknowledges the agency’s request to be included on a
circulation list for project notices, public reviews , or public hearings. In accordance with CEQA (California
Public Resources Code, Section 21092.5[a]), the City has provided a copy of the resp onses to the agency’s
comments, which includes the date of the public hearing.
This comment does not raise a significant environmental issue regarding the adequacy or accuracy of the
information provided in the Draft PEIR. Therefore, no
further response is required.
DRAFT
Program Environmental Impact Report
City of Victorville General Plan Update
September 2022
Prepared for:
City of Victorville
14343 Civic Drive
Victorville, California, 92392
Contact: Scott Webb
Prepared by:
600 B Street, Suite 2000
San Diego, California 92101
(619) 236-1778
Contact: Kristin Blackson, PMP
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Table of Contents
Draft PEIR i September 2022
City of Victorville General Plan Update
Table of Contents
Acronyms and Abbreviations ................................................................................................... iii Executive Summary .............................................................................................................. ES-1 Chapter 1 Introduction ......................................................................................................... 1-1
1.1 Project Overview .......................................................................................... 1-1
1.2 Victorville General Plan ................................................................................ 1-1
1.2.1 Existing Land Uses ........................................................................... 1-1
1.2.2 Surrounding Land Uses ................................................................... 1-4
1.3 Purpose and Use of the Environmental Impact Report ................................ 1-5
1.4 Environmental Impact Report Review Process ............................................ 1-6
1.4.1 Notice of Preparation ........................................................................ 1-6
1.4.2 Program Environmental Impact Report ............................................ 1-7
1.5 Documents Incorporated by Reference ........................................................ 1-8
1.6 Scope of the Environmental Impact Report .................................................. 1-8
1.7 Organization of the Program Environmental Impact Report ......................... 1-9
1.7.1 Certification of the Final PEIR ........................................................... 1-9
1.7.2 Project Consideration ..................................................................... 1-10 Chapter 2 Project Description ............................................................................................. 2-1
2.1 Project Location and Setting ......................................................................... 2-1
2.2 Project Background and Purpose ................................................................. 2-1
2.2.1 Land Use Element ............................................................................ 2-2
2.2.2 Safety Element ................................................................................. 2-2
2.2.3 Environmental Justice Element ........................................................ 2-2
2.3 Project Objectives ......................................................................................... 2-3
2.4 Project Components ..................................................................................... 2-3
2.4.1 Land Use Element Update ................................................................ 2-3
2.4.2 Safety Element Update ................................................................... 2-11
2.4.3 Environmental Justice Element ...................................................... 2-11
2.5 Intended Uses of the Environmental Impact Report and Discretionary Actions ........................................................................................................ 2-11 Section 3 Environmental Analysis ...................................................................................... 3-1
3.1 Air Quality .................................................................................................. 3.1-1
3.1.1 Existing Conditions ........................................................................ 3.1-1
3.1.2 Existing Air Quality ......................................................................... 3.1-3
3.1.3 Regulatory Framework .................................................................. 3.1-5
3.1.4 Thresholds of Significance ........................................................... 3.1-11
Table of Contents
Draft PEIR ii September 2022
City of Victorville General Plan Update
3.1.5 Impacts and Mitigation ................................................................. 3.1-11
3.1.6 Cumulative Impacts and Mitigation .............................................. 3.1-23
3.2 Biological Resources ................................................................................. 3.2-1
3.2.1 Existing Conditions ........................................................................ 3.2-1
3.2.2 Regulatory Framework ................................................................ 3.2-10
3.2.3 Thresholds of Significance ........................................................... 3.2-14
3.2.4 Impacts and Mitigation ................................................................. 3.2-15
3.2.5 Cumulative Impacts and Mitigation .............................................. 3.2-23
3.3 Cultural Resources and Tribal Cultural Resources ................................... 3.3-1
3.3.1 Existing Conditions ........................................................................ 3.3-1
3.3.2 Regulatory Framework ................................................................ 3.3-10
3.3.3 Thresholds of Significance ........................................................... 3.3-18
3.3.4 Impacts and Mitigation ................................................................. 3.3-18
3.3.5 Cumulative Impacts and Mitigation .............................................. 3.3-33
3.4 Greenhouse Gas Emissions ...................................................................... 3.4-1
3.4.1 Existing Conditions ........................................................................ 3.4-1
3.4.2 Regulatory Framework .................................................................. 3.4-4
3.4.3 Thresholds of Significance ............................................................. 3.4-9
3.4.4 Impacts and Mitigation ................................................................. 3.4-10
3.4.5 Cumulative Impacts and Mitigation .............................................. 3.4-18
3.5 Noise ......................................................................................................... 3.5-1
3.5.1 Existing Setting .............................................................................. 3.5-1
3.5.2 Existing Noise Environment ........................................................... 3.5-3
3.5.3 Regulatory Framework .................................................................. 3.5-4
3.5.4 Thresholds of Significance ............................................................. 3.5-8
3.5.5 Impacts and Mitigation ................................................................... 3.5-9
3.5.6 Cumulative Impacts and Mitigation .............................................. 3.5-22
3.6 Transportation ........................................................................................... 3.6-1
3.6.1 Environmental Setting .................................................................... 3.6-1
3.6.2 Regulatory Framework .................................................................. 3.6-4
3.6.3 Thresholds of Significance ............................................................. 3.6-8
3.6.4 Methods of Analysis ....................................................................... 3.6-9
3.6.5 Impacts and Mitigation ................................................................... 3.6-9
3.6.6 Cumulative Impacts and Mitigation .............................................. 3.6-14 Chapter 4 Other CEQA Considerations .............................................................................. 4-1
4.1 Less Than Significant Resource Areas ........................................................ 4-1
4.2 Significant Environmental Impacts ............................................................... 4-2
4.3 Significant and Unavoidable Environmental Impacts ................................... 4-2
4.4 Significant and Irreversible Environmental Impacts ...................................... 4-2
Table of Contents
Draft PEIR iii September 2022
City of Victorville General Plan Update
4.5 Growth Inducement ...................................................................................... 4-3
4.5.1 Economic Growth ............................................................................. 4-4
4.5.2 Population Growth ............................................................................ 4-4
4.5.3 Elimination of Obstacles to Growth ................................................... 4-5 Chapter 5 Alternatives .......................................................................................................... 5-1
5.1 Summary of Impacts ..................................................................................... 5-1
5.2 Project Objectives ......................................................................................... 5-3
5.3 Alternatives Considered but Rejected .......................................................... 5-3
5.3.1 Reduced High Density Residential Alternative ................................. 5-3
5.4 Analysis of Project Alternatives Selected for Evaluation .............................. 5-4
5.4.1 Alternative 1: No Project/Existing 2008 General Plan Alternative .... 5-4
5.4.2 Alternative 2: Reduced Density Alternative .................................... 5-10
5.4.3 Alternative 3: Increased Conservation Alternative .......................... 5-15
5.5 Environmentally Superior Alternative ......................................................... 5-20 Section 6 List of Preparers and Agencies Consulted ....................................................... 6-1
6.1 Environmental Impact Report Preparation ................................................... 6-1
6.1.1 Lead Agency ..................................................................................... 6-1
6.2 Lead Consultant ........................................................................................... 6-1
6.2.1 Environmental Planning .................................................................... 6-1
6.2.2 Technical Consultants ...................................................................... 6-2 Section 7 References ........................................................................................................... 7-1 Figures
Figure 2-1. Regional Location .................................................................................................. 2-13 Figure 2-2. Project Location ..................................................................................................... 2-15 Figure 2-3. Proposed Victorville General Plan Update Land Use Designation ........................ 2-17 Figure 3.3-1. Cultural Resource Sensitivity within the City of Victorville and Sphere of Influence ................................................................................................... 3.3-35 Figure 3.2-1. Vegetation Communities and Land Cover Types ............................................ 3.2-27 Figure 3.2-2. Aquatic Resources .......................................................................................... 3.2-29 Figure 3.2-3. Sensitive Species Potential to Occur ............................................................... 3.2-31 Figure 3.2-4. Critical Habitat ................................................................................................. 3.2-33 Tables
Table ES-1. Proposed Victorville General Plan Update Land Use Designations ................... ES-3 Table ES-2. Proposed Victorville General Plan Update Development Capacity .................... ES-7 Table ES-3. Summary of Environmental Impacts and Mitigation Measures ......................... ES-10 Table ES-4. Notice of Preparation Comment Letter Summary ............................................. ES-23 Table 1-1. Existing General Plan Land Use Acreage Designations for City Boundaries and Sphere of Influence ........................................................................................................ 1-2 Table of Contents
Draft PEIR iv September 2022
City of Victorville General Plan Update
Table 1-2. Existing Land Use Designations ............................................................................... 1-2 Table 1-3. Notice of Preparation Comment Letter Summary ..................................................... 1-7 Table 2-1. Proposed Victorville General Plan Update Land Use Designations ......................... 2-4 Table 2-2. Victorville General Plan Update Land Use Distribution ............................................ 2-8 Table 2-3. Proposed Victorville General Plan Update Development Capacity .......................... 2-9 Table 2-4. Comparison of Existing General Plan and Proposed General Plan Update ........... 2-10 Table 2-5. Discretionary Actions .............................................................................................. 2-12 Table 3.1-1. Ambient Air Quality Monitored at the Victorville – Park Avenue Monitoring Station ....................................................................................................... 3.1-4 Table 3.1-2. Existing Planning Area Emissions ...................................................................... 3.1-5 Table 3.1-3. National and California Ambient Air Quality Standards ...................................... 3.1-6 Table 3.1-4. Mojave Desert Air Basin Attainment Status ........................................................ 3.1-7 Table 3.1-5. MDAQMD Significance Thresholds .................................................................. 3.1-14 Table 3.1-6. Net Change in Project Operational Emissions .................................................. 3.1-15 Table 3.2-1. Vegetation Communities and Land Cover Types in the Planning Area .............. 3.2-1 Table 3.3-1. Historical Resources Eligible for or Listed on the NRHP, CRHR, California Historic Landmark, or Local Importance in the Planning Area .................. 3.3-19 Table 3.4-1. Global Warming Potential for Selected Greenhouse Gases ............................... 3.4-3 Table 3.4-2. Estimated Annual Operational Emissions ......................................................... 3.4-11 Table 3.4-3. Consistency with 2020–2045 RTP/SCS ........................................................... 3.4-12 Table 3.4-4. Mobile Source Greenhouse Gas Emissions Comparison ................................. 3.4-15 Table 3.4-5. 2022 Scoping Plan Priority GHG Reduction Strategies for Local Government Climate Action ........................................................................................................... 3.4-16 Table 3.5-1. Typical A-Weighted Noise Levels ....................................................................... 3.5-1 Table 3.5-2. Federal Transit Administration Groundborne Vibration Impact Criteria .............. 3.5-4 Table 3.5-3. Victorville Land Use Compatibility Standards ..................................................... 3.5-6 Table 3.5-4. Ambient Noise Levels ......................................................................................... 3.5-7 Table 3.5-5. Typical Noise Levels for Construction Equipment .............................................. 3.5-9 Table 3.5-6. Vibration Source Levels for Typical Construction Equipment ........................... 3.5-18 Table 3.5-7. Vibration Impact Screening Distances .............................................................. 3.5-19 Table 3.6-1. Victorville and Region VMT Metrics for Transportation Impact Analysis ............ 3.6-3 Table 3.6-2. Victorville and San Bernardino Region VMT Metrics for Transportation Impact Analysis ................................................................................. 3.6-12 Appendices
Appendix A. Notice of Preparation and Initial Study
Appendix B. California Emissions Estimator Model Outputs Appendix C. Biological Resources Letter Report
Appendix D. Cultural Resources Technical Report
Appendix E. Transportation Impact Study (VMT Analysis)
Acronyms and Abbreviations
Draft PEIR v September 2022
City of Victorville General Plan Update
Acronyms and Abbreviations
°F degree Fahrenheit
ADA Americans with Disabilities Act
ADT average daily traffic
ADWF average dry weather flow
AFG accelerated forecast growth
AFY acre-feet per year
AIA Airport Influence Area
ALUC Airport Land Use Commission
ALUCP Airport Land Use Compatibility Plan
AMI average median income
amsl above mean sea level
APE area of potential effect
ASMD area-specific management directive
BAU business-as-usual
BCE Before Common Era
BMP best management practice
Btu British thermal units
C&D construction and demolition
CAA Clean Air Act
CAFE Corporate Average Fuel Economy
CAL FIRE California Department of Forestry and Fire Protection CalEEMod California Emissions Estimator Model
CalEPA California Environmental Protection Agency
CALGreen California Green Building Standards Code
Cal-OSHA California Occupational Safety and Health Administration CalRecycle California Department of Resources Recycling and Recovery Caltrans California Department of Transportation
CARB California Air Resources Board
CBC California Building Code
CCAA California Clean Air Act
CCR California Code of Regulations
CDFW California Department of Fish and Wildlife
CDMG California Department of Conservation, Division of Mines and Geology
CE Common Era
CEC California Energy Commission
CEQA California Environmental Quality Act
CESA California Endangered Species Act
CFPP Construction Fire Prevention Plan
cfs cubic feet per second
CIP Capital Improvement Program
cmbs centimeters below surface
CNEL community noise equivalent level
CNPS California Native Plant Society
Acronyms and Abbreviations
Draft PEIR vi September 2022
City of Victorville General Plan Update
CO carbon monoxide
CO2 carbon dioxide
County County of San Bernardino
CPUC California Public Utility Commission
CRHR California Register of Historical Resources
CRPR California Rare Plant Rank
CUPA Certified Unified Program Agency
CWA Clean Water Act
DBH diameter at breast height
DOF California Department of Finance
DTSC Department of Toxic Substances Control
EDR Environmental Data Resources, Inc.
EIR Environmental Impact Report
EO Executive Order
ESA Environmental Site Assessment
EV electric vehicle
FAA Federal Aviation Administration
FAR floor area ratio
FESA federal Endangered Species Act
FHSZ fire hazard severity zone
FHWA Federal Highway Administration
FMZ fuel modification zone
FRAP Fire and Resource Assessment Program
GCC global climate change
GHG greenhouse gas
GIS geographic information system
GPS Global Positioning System
gpd gallons per day
gpm gallons per minute
GSA groundwater sustainability agency
H2S hydrogen sulfide
HCM Highway Capacity Manual
HCP Habitat Conservation Plan
HMP Hydromodification Management Plan
HOA homeowners association
HOV high-occupancy vehicle
HRA Health Risk Assessment
HU hydraulic unit
HVAC heating, ventilation, and air conditioning
I- Interstate
IEPR Integrated Energy Policy Report
IRP Integrated Water Resources Plan
JRMP Jurisdictional Runoff Management Program
KVP key vantage point
kWh kilowatt-hours
LCFS low carbon fuel standards
Acronyms and Abbreviations
Draft PEIR vii September 2022
City of Victorville General Plan Update
LED light-emitting diode
LEED Leadership in Energy and Environmental Design
LOS level of service
LPG liquefied petroleum gas
LUST leaking underground storage tank
mgd million gallons per day
MMBtu million British thermal units
Model Ordinance Model Water Efficient Landscaping Ordinance MOE measure of effectiveness
mph miles per hour
MRZ Mineral Resource Zone
MSCP Multiple Species Conservation Program
MT/SP metric tons per service population
NAAQS National Ambient Air Quality Standards
NAGPRA Native American Graves Protection and Repatriation Act NAHC Native American Heritage Commission
NCCP Natural Community Conservation Program
NCCPA Natural Community Conservation Planning Act
NEHRP National Earthquake Hazards Reduction Program
NHTSA National Highway Traffic Safety Administration
NMFS National Marine Fisheries Service
NO nitric oxide
NO2 nitrogen dioxide
NOP Notice of Preparation
NPDES National Pollutant Discharge Elimination System
NRHP National Register of Historic Places
NSLU noise-sensitive land use
O3 ozone
PEIR Program Environmental Impact Report
PM10 respirable particulate matter
PM2.5 fine particulate matter
PPV peak particle velocity
PRC California Public Resources Code
project General Plan Update
psi pounds per square inch
PUD Planned Unit Development
PV photovoltaic
PVC polyvinyl chloride
PWWF peak wet weather flow
RCRA Resource Conservation and Recovery Act
RFS Renewable Fuel Standard
RPS Renewable Portfolio Standard
RWQCB Regional Water Quality Control Board
SB Senate Bill
SCIC South Coastal Information Center
SEMS Standardized Emergency Management System
Acronyms and Abbreviations
Draft PEIR viii September 2022
City of Victorville General Plan Update
SIP State Implementation Plan
SMARA Surface Mining and Reclamation Act
SO2 sulfur dioxide
SOI sphere of influence
SR- State Route
STP shovel test pit
SWPPP Stormwater Pollution Prevention Plan
SWRCB State Water Resources Control Board
TAC toxic air contaminant
TCR tribal cultural resource
TDM Transportation Demand Management
TIA Transportation Impact Analysis
TMDL total maximum daily load
UBC Uniform Building Code
USACE U.S. Army Corps of Engineers
USDA U.S. Department of Agriculture
USEPA U.S. Environmental Protection Agency
USFWS U.S. Fish and Wildlife Service
UST underground storage tank
UTV utility task vehicle
v/c volume to capacity
VdB vibration decibel
VHFHSZ very high fire hazard severity zone
Victorville or City City of Victorville
VMT vehicle miles traveled
VOC volatile organic compound
WMP West Mojave Plan
WMPA West Mojave Plan Area
WUI wildland-urban interface
ZEV zero-emission vehicle
Executive Summary
Draft PEIR ES-1 September 2022
City of Victorville General Plan Update
Executive Summary
This chapter is an executive summary of the Environmental Impact Report (EIR) for the City of Victorville (Victorville or City) proposed General Plan Update (project) prepared in compliance with the California Environmental Quality Act (CEQA ). This chapter highlights the major areas of importance in the environmental analysis for the proposed project as required by CEQA Guidelines, Section 15123 , and also provides a bri ef description of the project, project objectives, project impacts and mitigation measures, alternatives to the project, and areas of controversy/issues raised by the public known to the City.
Overview
As required by CEQA, this EIR (1) assesses the potent ially significant direct, indirect, and cumulative environmental effects of the proposed project; (2) identifies potential feasible means of avoiding or substantially lessening significant , adverse impacts; and (3) evaluates a range of reasonable alternati ves to the proposed project, including the required No Project Alternative.
The City is the lead agency for the project evaluated in this EIR and, as such, has the principal responsibility for approving the proposed project.
Pursuant to CEQA Guidelines, this EIR is a Program EIR (PEIR) that evaluates the effects of the entire project at a program level. This EIR will be used by the City to evaluate the environmental implications of adopting the project. Once certified, this EI R will also be used to tier subsequent environmental analyses for future City development projects. Once adopted, the project will guide the redevelopment of the project site.
Project Description
Project Location
The City is in the southwestern portion of the County of San Bernardino in the geographic sub - region of the southwestern Mojave Desert (known as Victor Valley or the High Desert), within the Inland Empire area, as shown on Figure 2 -1, Regional Location. The City is considered the largest metropolitan area in the Mojave Desert. Victorville is approximately 90 miles northeast of the City of Los Angeles and 35 miles northeast of the City of San Bernardino, and north of the San Bernardino Mountains at the edge of the Mojave Desert. The Mojave River runs through the City toward the Mojave Desert. Areas surrounding the City’s Planning Area are largely undeveloped and contained within the unincorporated County of San Bernardino boundaries.
The City is within Victor Valley, often referred to as the “High Des ert” due to its approximate elevation of 2,900 feet above sea level. The Victor Valley is separated from other urbanized areas in Southern California by the San Bernardino and San Gabriel mountains. The City and its Executive Summary
Draft PEIR ES-2 September 2022
City of Victorville General Plan Update
sphere of influence are accessible via I nterstate 15, U.S. Route 395, State Route 18, and historic U.S. Route 66 (Figure 2-2, Project Location).
Project Objectives
In accordance with Section 15124(b) of the CEQA Guidelines, the City has identified the following objectives for the project:
1. Guide and accommodate future growth in Victorville in a manner that achieves the community’s vision, enhances our community’s quality of life, and provides a mix of land uses that promote sustainability and economic vitality.
2. Create a balanced land use pattern to accommodate Victorville’s future housing, commerce, industry, recreation and open space, education, employment, social, and health needs.
3. Create an aesthetically pleasing community by promoting a distinctive identity for Victorville.
4. Meet new statutory requirements identified in the Housing Element Update and ensure opportunities for a variety of housing types and affordability levels.
5. Create strategies to separate sources of pollution from sensitive land uses to reduce pollution exposure and improve regional air quality.
6. Promote access to public facilities and services by developing complete streets concepts throughout Victorville.
7. Protect Victorville against natural and human -made disasters by emphasizing hazard reduction through land use and developmen t restrictions and promoting accident prevention.
Project Components
The project proposes updates to the Land Use and Safety Elements and the creation of a new Environmental Justice Element as a stand -alone chapter in the Victorville General Plan 2030.
Each project component is described below.
Land Use Element Update
The Land Use Element of the General Plan provides long -term goals and policies that guide the City’s future housing, commerce, industry, recreation and open space, education, employment, social, and health needs. The update would promote land use and development practices that are consistent with Smart Growth principles to conserve natural resources, reduce pollution, and greenhouse gas emissions. The proposed update would encourage economic development strategies by providing an appropriate mix of land uses to allow growth and employment to support the City as a major regional center for business and commerce in the Victor Valley. It would encourage development within proximity to City cente r and commercial corridors, near Executive Summary
Draft PEIR ES-3 September 2022
City of Victorville General Plan Update
underutilized commercial centers and aim to minimize the expansion of infrastructure. The updated land use plan would include a significant increase in open space with the addition of the Greenway/Utility Corridor (GUC). Th e proposed update would provide a clear guide for future growth identified in the 6th Cycle Housing Element Update 2021, which the City prepared in a separate, independent process from this General Plan Update. The Land Use Element Update would ensure equitable policies and opportunities for a variety of housing types and affordability levels in the City. It would expand the types of housing in Victorville to accommodate people of all ages, socioeconomic status, family size, and ability.
Proposed Land Use Designations
As shown on Figure 2-3, Proposed Victorville General Plan Update Land Use Designations, the proposed Land Use Element Update would include changes to the existing land use designations, which establish the general pattern of land uses in the Pl anning Area and would identify maximum permitted land use densities and intensities. The Land Use Element Update would establish 16 land use designations (14 primary land use designations and two overlay designations) that govern land uses in the Planning Area as shown in Table ES-1, Proposed Victorville General Plan Update Land Use Designations. These designations apply density and intensity requirements, use characteristics, and land use policies to individual parcels.
Table ES-1. Proposed Victorville General Plan Update Land Use Designations Land Use Designations Definition Density/Intensity Standards1 Residential
Very Low Density Residential (VLDR) Generally characterized by single-family detached homes on lots with a minimum
area of one-half acre, which allows for a
maximum of two dwelling units per acre.
Density: 0–2 du/ac
Low Density Residential (LDR) Generally characterized by single-family detached residential development.
Density: 0–5 du/ac
Low-Medium Density Residential
(LMDR)
Generally typified by single-family
detached units; duplex, triplex, and
fourplex structures; patio homes,
cottage/bungalow court housing, and
attached townhomes.
Density: 5.1–12 du/ac
Medium Density Residential (MDR)2 Generally characterized by cottage/bungalow court housing, attached
townhomes, and garden apartments.
Density: 12.1–20 du/ac
High Density Residential (HDR) Generally typified by garden apartments and low- to mid-rise multi-family buildings.
Density: 20.1–30 du/ac
Mixed Density Residential (MXDR) Intended to facilitate single-family infill development in the event that
extraordinary developmental constraints,
such as a lack of required sewer
infrastructure, make the continued
development of the permitted high-
density uses impractical or infeasible.
Density: 1–15 du/ac for infill
Executive Summary
Draft PEIR ES-4 September 2022
City of Victorville General Plan Update
Table ES-1. Proposed Victorville General Plan Update Land Use Designations Land Use Designations Definition Density/Intensity Standards1 Residential development in the Mixed
Density Residential land use category
ranges from single-family detached units
to multi-family attached units, such as
apartments. The MXDR zone district
corresponds to this General Plan land
use designation.
Mixed Use
Mixed Use 1 (MU-1)2 Provides for a mix of neighborhood- and community-serving commercial, service,
and other complementary and
supportive uses with a variety of lower to
medium density housing to encourage
infill development and/or revitalization of
existing areas. “Big box” retailers
prohibited. Mix of uses can be vertical or
horizontal. MU-1 allows mixed-use,
stand-alone commercial, and stand-
alone residential.
Density: 0–15 du/ac
Non-Residential FAR: 0.5
Mixed Use 2 (MU-2)2 Provides for a mix of neighborhood- and community-serving commercial, service,
and other complementary and
supportive uses with a variety of
medium- to high-density housing to
encourage infill development and/or
revitalization of existing areas. Provides
flexibility to support changing land use
trends. “Big box” retailers prohibited.
Accommodates lower income Regional
Housing Needs Allocation default
density. Mix of uses can be vertical or
horizontal. MU-2 allows mixed-use,
stand-alone commercial, and stand-
alone residential.
Density: 15.1–30 du/ac
Non-Residential FAR: 1.0
Commercial
General Commercial (GC) Provides for a wide range of retail commercial, service commercial, and
office commercial activities, as well as
large-scale planned shopping districts
serving the local and regional area and
population, “big box” retailers,
motels/hotels, and public assembly uses.
FAR: 2.0 (Note: certain uses, such as
hotels and convention centers, may be
increased on a case-by-case basis.)
Industrial
Light Industrial (LI) This category of land use is
characterized by industrial development
either in industrial and/or business parks
or in mixed industrial/business park use
areas. The main feature of industrial
activities in this category is that they do
not require any significant site or
structure requirements that are so
FAR: 1.0
Executive Summary
Draft PEIR ES-5 September 2022
City of Victorville General Plan Update
Table ES-1. Proposed Victorville General Plan Update Land Use Designations Land Use Designations Definition Density/Intensity Standards1 specialized that would limit future use of
the structures and/or site by another
industrial activity.
Heavy Industrial (HI) The Heavy Industrial land use category refers to industrial and manufacturing
uses that are more specialized in nature
and require special consideration in
terms of use of the property as well as
impacts on adjacent properties.
FAR: 1.0
Public/Institutional/Open Space
Public/Institutional (P-I) Refers to those land uses and activities that are predominately used for public
purposes or owned or operated by a
public entity. Activities within this category
include city and county buildings, public
and private schools, colleges, and public
utilities and city yards.
FAR: Development intensity determined
on a case-by-case basis
Open Space (OS) Refers to land that is to remain
undeveloped due to severe development
constraints, lake or river bodies and
floodplains, and reserved public open
space in parks, golf courses, or other lands
with an open space character that protect
public safety and/or conserve public
resources. The purpose of this district is to
provide for the protection of the public
health, safety, and general welfare in those
areas of the City which, under present
conditions, are subject to periodic flooding
and accompanying hazards and to
conserve natural resources of benefit to
the general public interest.
FAR: NA
Minimum Density: 1 du/5 ac on property
outside the floodplain
Greenway/Utility Corridor (GUC)2 Areas outside the floodplain are permitted one single-family dwelling on a 5-acre
minimum lot and agricultural uses.
FAR: NA
Overlays
Low Density Residential Infill Overlay
(LDRIO)2
Applies to VLDR and LDR properties in
the area included within the overlay.
Allows increase in density in core area of
the City to:
Encourage infill and promote efficient
use of existing infrastructure.
Provide additional housing
opportunities.
0–9 du/ac3
Health and Wellness Overlay (HWO)2
Promotes health and wellness for all
segments of the community, (local &
regional-serving), including those who are
ill, those who are aging, and health-
conscious individuals of all ages.
Density: 20–30 du/ac
FAR: 2.0
(Note: Density and FAR may be
modified based on approval of an
implementing planned unit
Executive Summary
Draft PEIR ES-6 September 2022
City of Victorville General Plan Update
Table ES-1. Proposed Victorville General Plan Update Land Use Designations Land Use Designations Definition Density/Intensity Standards1 Applies to existing and proposed
hospitals/medical facilities.
Allows public and private hospitals,
medical centers and supportive offices,
emerging medical facilities, healthcare
clinics, community centers, extended care
and nursing facilities, pharmacies, 24/7
centers (e.g., imaging, dialysis, etc.), senior
housing, daycare (adult, child, specialized),
Alzheimer’s care and living, restaurants
and juice bars, grocery stores, other
support retail, gyms and fitness studios,
recreation/trails, etc.
Allows a range of housing integrated into
the development.
Functions as a sustainability hub,
promoting active transportation, green
infrastructure, open space, electric vehicle
charging stations, edible landscaping,
composting, etc.
Requires an integrated development via a
planned unit development to use overlay.
development.)
Specific Plan
Specific Plan The Land Use Element provides for a
number of specific plans within the City.
The specific plans identify the location,
extent, and density of new development
and also indicate specific development
standards that are applicable.
All land uses, densities, other
regulations, and development standards
shall be those as set forth in the adopted
specific plan.
Notes: du = dwelling unit; FAR = floor area ratio
1 Denotes new land use designation.
2 Density, expressed as dwelling units per acre (du/ac), refers to the allowable residential density range for a stand-alone residential or the residential portion of a mixed-use project, not including any density bonus as allowed per California Government Code Sections 65915 – 65918 and the Victorville Zoning Code. Intensity, expressed as floor area ratio (FAR), refers to the maximum non-residential square footage allowed on a site including Mixed Use designations, unless otherwise approved by the applicable City reviewing authority.
3 Maximum allowable density may be reduced to 7 du/ac unless certain design/amenity benchmarks are met, pursuant to the Zoning Code.
Buildout of land in the City and sphere of influence would result in approximately 73,808 dwelling units to house approximately 339,613 residents and would support 42,393,038 non-residential square feet. These parameters can be used to identify the anticipated levels of development allotted by the project throughout the Planning Area. Table ES -2, Proposed Victorville General Plan Update Development Capacity, details the proposed densities of residential and intensity of non-residential development that would occur with implementation of the land use policies in the General Plan Update.
Executive Summary
Draft PEIR ES-7 September 2022
City of Victorville General Plan Update
Table ES-2. Proposed Victorville General Plan Update Development Capacity Land Use
Designations
City of Victorville
(du)
Sphere of Influence
(du)
City of Victorville
(square feet)
Sphere of Influence
(square feet)
Residential1
Very Low Density
Residential
3,715 4,420 NA NA
Low Density
Residential2
8,387 4,534 NA NA
Low Density
Residential in Low
Density Residential
Infill Overlay
22,356 NA NA NA
Low-Medium Density
Residential
2,338 NA NA NA
Medium Density
Residential
10,657 52 NA NA
Mixed Density
Residential
700 NA NA NA
High Density
Residential
1,274 NA NA NA
Mixed Use3
Mixed Use 1 744 402 1,701,454 3,677,355
Mixed Use 2 5,315 320 4,167,385 313,632
Commercial
General Commercial NA NA 18,825,761 1,398,276
Industrial
Light Industrial NA NA 8,804,565 567,805
Heavy Industrial NA NA 6,733,287 NA
Public/Institutional/Open Space
Public/Institutional NA NA 529,907 252,866
Open Space NA 101 NA NA
Greenway/Utility
Corridor
NA NA NA NA
Specific Plan
Specific Plan 7,909 605 7,252,423 0
Total 63,395 10,413 36,183,124 6,209,914
Notes: du = dwelling unit
Buildout assumptions for 2045 are inferred from SCAG’s 2020 Final CONNECT SoCal Demographic and Growth Forecast (September 3, 2020)
1 Residential Land Use designations—realistic capacity factor: 80 percent assumed capacity (from Housing Element) 2 Average density is lower than the Low Density Residential Infill Overlay density range to account for existing low density residential that was developed at the lower density
3 Mixed Use Land Use designations—realistic capacity factor: 67 percent assumed capacity (from Housing Element) Executive Summary
Draft PEIR ES-8 September 2022
City of Victorville General Plan Update
Safety Element Update
The Safety Element Update would identify and, when possible, reduce the impact of natural and human-made hazards that may threaten the health, safety, and property of the residents living and working in the Planning Area. The Safety Element Update would emphasize hazard reduction through land use and development restrictions in susceptible areas, and promote accident prevention. The Safety Element Update would integrate public health and safety into development and planning policies to emphasize responses and to maintain optimal emergency preparedness, in accordance with recently adopted state laws.
Environmental Justice Element
The Environmental Justice Element would be prepared as a new chapter in th e Victorville General Plan. Preparation of an Environmental Justice Element is required under Senate Bill 1000 for jurisdictions with disadvantaged communities. It will reflect the City’s commitment to reducing environmental burdens and ensuring all reside nts have the opportunity to access public goods and services that improve their quality of life. The Environmental Justice Element would focus on objectives and policies that aim to reduce pollution exposure; improve access to public facilities and service s; improve access to healthy foods; promote access to physical activity and recreation; improve access to safe, sanitary and affordable housing; reduce exposure to climate hazards; and improve civic engagement in the public decision-making process.
Project Impacts
This PEIR examines the potential environmental effects of the proposed project, including information related to existing site conditions, analyses of the types and magnitude of individual and cumulative environmental impacts, and feasible mitigation measures th at could reduce or avoid environmental impacts. In accordance with Appendix G of the CEQA Guidelines, the potential environmental effects of the proposed project were analyzed for the following environmental issue areas:
Air Quality
Biological Resources
Cultural and Tribal Cultural Resources
Greenhouse Gas Emissions
Noise
Transportation
An Initial Study was prepared in accordance with Appendix G of the CEQA Guidelines and determined that the proposed project would not have a potentially significant, adverse effect on the following environmental resource areas : Aesthetics, Agriculture and Forestry Resources, Energy, Geology and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality, Executive Summary
Draft PEIR ES-9 September 2022
City of Victorville General Plan Update
Land Use and Planning, Mineral Resources, Population and Housing, Public Se rvices, Recreation, Utilities and Service Systems, and Wildfire. This PEIR references the Initial Study, which is included in Appendix A.
Table ES -3, Summary of Environmental Impacts and Mitigation Measures , at the end of this chapter provides a summary of the environmental impacts that could result from implementation of the proposed project and feasible mitigation measures that would reduce or avoid these impacts. For each impact, Table ES-3 identifies the applicable mitigation measures and the level of significance of the impact after implementation of the mitigation measures.
Summary of Environmental Impacts and Mitigation Measures Table ES-3 summarizes the impacts and mitigation measures addressed in this PEIR. The project description and full discussion of impacts and mitigation measures can be found in Chapter 2, Project Description, and Chapter 3, Environmental Analysis, of this EIR.
Executive Summary
Draft PEIR ES-10 September 2022
City of Victorville General Plan Update
Table ES-3. Summary of Environmental Impacts and Mitigation Measures Impact
Level of
Significance
Before
Mitigation Mitigation Measure
Level of
Significance
After Mitigation
Section 3.1, Air Quality
Threshold 1: Consistency with
Applicable Air Quality Plan
LS None. LS
Threshold 2: Cumulative Increase in
Criteria Pollutant Emissions
PS AIR-1: Site-Specific Air Quality Analysis. Before the issuance of a grading or construction permit and in conjunction with any required California Environmental Quality Act (CEQA) review, the project applicant shall submit to the City of Victorville Planning and Building Departments documentation that the project is consistent with the Mojave Desert Air Quality Management District (MDAQMD) significance thresholds contained in the MDAQMD CEQA and Federal Conformity Guidelines. A project-specific Air Quality Analysis quantifying the potential air emissions of project construction shall be prepared by a qualified air quality professional. This Air Quality Analysis shall demonstrate that criteria pollutant emissions are below the MDAQMD significance thresholds outlined in the MDAQMD CEQA and Federal Conformity Guidelines (2020). If the Air Quality Analysis cannot demonstrate that the project is below the MDAQMD significance thresholds before mitigation, project applicant shall provide documentation to the City detailing the measures that would be implemented and that mitigated emissions would be below MDAQMD significance thresholds.
SU
Threshold 3: Sensitive Receptors
PS AIR-2: Health Risk Assessment. A Health Risk Assessment shall be prepared by a qualified air quality professional for future projects that would generate toxic air contaminants (such as diesel particulate matter) in the General Plan Update Planning Area or that would locate a new sensitive receptor within the following screening-level distances identified in the Mojave Desert Air Quality Management District (MDAQMD) CEQA and Federal Conformity Guidelines (2020): any industrial project within 1,000 feet; a distribution center (40 or more trucks per day) within 1,000 feet; a major transportation project within 1,000 feet; a dry cleaner using perchloroethylene within 500 feet; and a gasoline dispensing facility within 300 feet. A project shall not be considered for approval until a Health Risk Assessment has been completed and approved by the MDAQMD. The methodology for the Health Risk Assessment shall follow the Office of Environmental Health Hazard Assessment guidelines for the preparation of Health Risk Assessments. If a potentially significant health risk is identified, the Health Risk Assessment shall identify appropriate measures, such as upgrading building ventilation systems, to reduce the potential health risk to below a significant level, or the sensitive receptor or proposed facility shall be sited in another location.
SU
Threshold 4: Odors
PS AIR-3: Odor Management Plan. If it is determined during project-level environmental review that a discretionary project has the potential to emit nuisance odors beyond the property line, an odor management plan shall be prepared and submitted by the project applicant prior to project approval to ensure compliance with the Mojave Desert Air Quality Management District (MDAQMD) Rule 402 LS
Executive Summary
Draft PEIR ES-11 September 2022
City of Victorville General Plan Update
Table ES-3. Summary of Environmental Impacts and Mitigation Measures Impact
Level of
Significance
Before
Mitigation Mitigation Measure
Level of
Significance
After Mitigation
for projects in the Planning Area. The following types of projects with the specified buffer distances from sensitive receptors have the potential to generate substantial odors: wastewater treatment plant (2 miles), sanitary landfill (1 mile), transfer station (1 mile), composting facility (1 mile), petroleum refinery (2 miles), asphalt batch plant (1 mile), chemical manufacturing (1 mile), fiberglass manufacturing (1 mile), painting/coating operations (1 mile), food processing facility (1 mile), feed lot/ dairy (1 mile), and rendering plant (1 mile). The odor management plan prepared for these facilities shall identify control technologies that will be utilized to reduce potential odors to acceptable levels, including appropriate enforcement mechanisms. Control technologies may include but are not limited to scrubbers (e.g., air pollution control devices) at an industrial facility.
Control technologies identified in the odor management plan shall be identified as mitigation measures in the environmental document and/or incorporated into the site plan.
Section 3.2, Biological Resources
Threshold 1: Candidate, Sensitive,
or Special-Status Species
PS BIO-1: Pre-Construction Nesting Bird and Raptor Surveys. To the extent feasible, grubbing, trimming, or clearing of vegetation from the Planning Area shall not occur during the general bird and raptor nesting season (January 15 through September 15). If grubbing, trimming, or clearing of vegetation cannot feasibly occur outside the general bird and raptor nesting season, a qualified biologist shall perform a pre-construction nesting bird and raptor survey in sites in the Planning Area with vegetation supporting nesting birds and raptors. Nesting bird and raptor surveys shall occur within 10 days before the start of vegetation clearing or grubbing to determine if active bird nests are present. If no active bird nests are identified on a site or within a 300-foot buffer of the site, no further mitigation is necessary. If active nests of bird species covered by the Migratory Bird Treaty Act are detected on sites in the Planning Area during the 10-day pre-construction survey, construction activities shall stay outside a 300-foot buffer around the active nest. For raptor species, this buffer shall be expanded to 500 feet. It is recommended that a biological monitor be present to delineate the boundaries of the buffer area and to monitor the active nest to ensure that nesting behavior is not adversely affected by construction activity. Once the young have fledged and a qualified biologist has determined the nest is inactive, normal construction activities can occur.
LS
Threshold 2: Riparian Habitat and
Other Sensitive Natural
Communities
LS None. LS
Threshold 3: Wetlands
PS BIO-2: Aquatic Resources Delineation. Future projects within or adjacent to the Mojave River or other aquatic resources that have the potential to impact sensitive aquatic resources shall be required to conduct an aquatic resources delineation following the methods outlined in the 1987 LS
Executive Summary
Draft PEIR ES-12 September 2022
City of Victorville General Plan Update
Table ES-3. Summary of Environmental Impacts and Mitigation Measures Impact
Level of
Significance
Before
Mitigation Mitigation Measure
Level of
Significance
After Mitigation
U.S. Army Corps of Engineers Wetland Delineation Manual and the Regional Supplement to the U.S. Army Corps of Engineers Wetland Delineation Manual: Arid West Region to map the extent of wetlands and non-wetland waters, determine jurisdiction, and assess potential impacts. The aquatic resources shall be conducted by a qualified biologist. The results of the delineation shall be presented in an Aquatic Resources Delineation Report and be incorporated into the California Environmental Quality Act documents required for approval and permitting of the proposed project.
BIO-3: Aquatic Resources Permitting. Future projects within or adjacent to Mojave River or other aquatic resources that have been determined through Mitigation Measure BIO-2 to have a significant impact to sensitive aquatic resources shall obtain required permits and authorizations from the U.S. Army Corps of Engineers, California Department of Fish and Wildlife, and Lahontan Regional Water Quality Control Board. The regulatory agency authorizations shall include impact avoidance and minimization measures and mitigation measures for unavoidable impacts. Specific avoidance and minimization measures and mitigation measures for impacts to jurisdictional resources shall be determined through discussions with the regulatory agencies during the proposed project permitting process and may include monetary contributions to a mitigation bank or habitat creation, restoration, or enhancement.
Threshold 4: Native Resident or
Migratory Fish or Wildlife Species
PS See Mitigation Measure BIO-1. LS
Threshold 5: Conflict with Tree
Preservation Policy or Ordinance
LS None. LS
Threshold 6: Conflict with Habitat
Conservation Plan
LS None. LS
Section 3.3, Cultural Resources and Tribal Cultural Resources Threshold 1: Historical Resources
PS CUL-1: Identification and Evaluation of Built Environment Resources. For future development projects with the potential to impact built environment resources, the evaluation of built environment resources shall be performed by an architectural historian or historian who meets the Professionally Qualified Standards in architectural history or history as determined by the City of Victorville. If built environment resources have been identified that meet the age-threshold for eligibility then the qualified architectural historian or historian shall conduct a reconnaissance-level and/or intensive- level survey in accordance with the California Office of Historic Preservation guidelines to identify any previously unrecorded potential historical resources that may be potentially affected by the SU
Executive Summary
Draft PEIR ES-13 September 2022
City of Victorville General Plan Update
Table ES-3. Summary of Environmental Impacts and Mitigation Measures Impact
Level of
Significance
Before
Mitigation Mitigation Measure
Level of
Significance
After Mitigation
project. Pursuant to the definition of a historical resource under the California Environmental Quality Act, potential historical resources shall be evaluated under a developed historic context.
CUL-2: Additional Mitigation for Built Environment Resources. If avoidance or preservation in place of a built environment resource is not possible then appropriate site-specific mitigation measures shall be established and undertaken. To ensure that projects requiring the relocation, rehabilitation, or alteration of a historical resource do not impair its significance, the Secretary of the Interior’s Standards for the Treatments of Historic Properties shall be used to the maximum extent possible. The application of the standards shall be overseen by a qualified architectural historian or historic architect meeting the Professionally Qualified Standards set by the City of Victorville. Prior to any construction activities that may affect the historical resource, a report identifying and specifying the treatment of character-defining features and construction activities shall be provided to and approved by the City of Victorville.
If the project would result in the demolition or significant alteration of a historical resource, the project shall record the resource prior to construction activities. Recordation shall take the form of Historic American Buildings Survey, Historic American Engineering Record, or Historic American Landscape Survey documentation and shall be performed by an architectural historian or historian who meets the Professionally Qualified Standards set by the City of Victorville. Documentation shall include an architectural and historical narrative; photographs; and supplementary information such as building plans and elevations, and/or historic photographs. Documentation shall be reproduced on archival paper and placed in appropriate local, state, or federal institutions. The specific scope and details of documentation shall be developed at the project level.
Threshold 2: Archaeological
Resources
PS CUL-3: Site-Specific Cultural Resources Study and Evaluation of Resources. Future projects that would disturb previously undeveloped areas or areas containing known archaeological resources shall complete a Cultural resource assessment performed under the supervision of an archaeologist that meets the Secretary of the Interior’s Professionally Qualified Standards as determined by the City of Victorville. Assessments shall include a California Historical Resources Information System records search at the South Central Coast Information Center and a search of the Sacred Lands Files maintained by the Native American Heritage Commission. A Phase I pedestrian survey shall be undertaken in areas that are undeveloped to locate any surface cultural materials and/or a built environment resources survey shall be conducted. If resources are identified during the site-specific archaeological survey, then a Phase II evaluation of the resources to the LS
Executive Summary
Draft PEIR ES-14 September 2022
City of Victorville General Plan Update
Table ES-3. Summary of Environmental Impacts and Mitigation Measures Impact
Level of
Significance
Before
Mitigation Mitigation Measure
Level of
Significance
After Mitigation
California Register of Historical Resources shall be conducted to determine if the resource is significant under the California Environmental Quality Act, and would be adversely impacted by the project. A Native American monitor from a culturally affiliated Tribe shall be present during any archaeological excavations involving prehistoric cultural resources. The evaluation of built environment resources shall be performed by an architectural historian or historian who meets the Professionally Qualified Standards in architectural history or history.
If no significant resources are found, and site conditions are such that there is no potential for further discoveries, then no further action is required. All resources should be documented on the appropriate Department of Parks and Recreation site forms and results of all assessments should be documented in a technical report.
If potentially significant archaeological resources are identified during the Phase I or Phase II assessments, and impacts to these resources cannot be avoided, then appropriate site-specific mitigation measures shall be established and undertaken as described in Mitigation Measure CUL-4.
If no significant resources are found, but there is potential for unknown archaeological resources or Tribal Cultural Resources to be uncovered during specific project activities, then Mitigation Measure CUL-5 (archaeological and Native American monitoring program) shall be implemented.
CUL-4: Avoidance and Preservation of Cultural Resources. The preferred alternative for mitigating impacts to cultural resources and Tribal Cultural Resources is avoidance or preservation in place. If avoidance or preservation is demonstrated to be infeasible, then alternative measures shall be required depending on site conditions and guided by the recommendations of an archaeologist that meets the Secretary of the Interior’s Professionally Qualified Standards.
Avoidance of cultural resources and Tribal Cultural Resources may be accomplished through a project redesign. Preservation in place may include planning construction to avoid significant resources; planning parks, green space, or other open space to preserve cultural resources; or “capping” or covering archaeological sites with a layer of soil before building. Alternatively, a Phase III data recovery program may be implemented by a qualified archaeologist and performed in accordance with the Office of Historic Preservation’s Archaeological Resource Management Reports: Recommended Contents and Format (1990) and Guidelines for Archaeological Research Designs (1991).
Executive Summary
Draft PEIR ES-15 September 2022
City of Victorville General Plan Update
Table ES-3. Summary of Environmental Impacts and Mitigation Measures Impact
Level of
Significance
Before
Mitigation Mitigation Measure
Level of
Significance
After Mitigation
CUL-5: Archaeological and Native American Monitoring Program. Because there is always a potential for encountering cultural resources during excavation, the implementation of an archaeological and Native American monitoring program is recommended for future development that would conduct new ground disturbance in areas identified as having a potential for unknown archaeological resources or Tribal Cultural Resources. The archaeological and Native American monitoring program shall consist of the full-time presence of a qualified archaeologist and traditionally and culturally affiliated Native American monitor during ground-disturbing activities, or an alternative frequency approved by the qualified archaeologist and the Native American monitor.
If an archaeological and Native American monitoring program is implemented, the program shall include the following:
1. The requirement for the archaeological and Native American monitoring to be noted on applicable construction documents, including plans.
2. The archaeologist and Native American monitor shall attend the pre-construction meeting with the contractor and/or the City.
3. The archaeologist shall maintain ongoing collaborative consultation with the Native American monitor during all ground-disturbing or altering activities, as identified above.
4. The archaeologist and/or Native American monitor may halt ground-disturbing activities if archaeological artifact deposits or cultural features are discovered. In general, ground- disturbing activities shall be directed away from these deposits for a short time to allow a determination of potential significance, the subject of which shall be determined by the archaeologist and the Native American monitor. Ground-disturbing activities shall not resume until the archaeologist, in consultation with the Native American monitor and the City, deems the cultural resource or feature has been appropriately documented and/or protected.
5. Archaeological isolates and non-significant materials shall be minimally documented in the field and ground disturbance shall be allowed to resume.
6. The avoidance and protection of discovered unknown and significant cultural resources and/or unique archaeological resources is the preferable mitigation for the proposed project. If avoidance is not feasible, a Data Recovery Plan may be authorized by the City as the lead agency under the California Environmental Quality Act (see Mitigation Measure CUL-4 for options related to avoidance and preservation of cultural resources).
7. Prior to the conclusion of each project, a Monitoring Report and/or Evaluation Report, which describes the results, analysis and conclusions of the archaeological and Native American Executive Summary
Draft PEIR ES-16 September 2022
City of Victorville General Plan Update
Table ES-3. Summary of Environmental Impacts and Mitigation Measures Impact
Level of
Significance
Before
Mitigation Mitigation Measure
Level of
Significance
After Mitigation
monitoring program (such as, but not limited to, a data recovery program) shall be submitted by the archaeologist, along with the Native American monitor’s notes and comments, to the City of Victorville for approval.
Threshold 3: Human Remains
PS See Mitigation Measures CUL-3, CUL-4, CUL-5.
CUL-6: Identification and Treatment of Human Remains. In the event that human remains (or possible human remains) are encountered, all ground disturbance within 100 feet of the remains shall halt and California Environmental Quality Act Guidelines, Section 15064.5, subdivision (e); California Public Resource Code, Section 5097.98; and California Health and Safety Code, Section 7050.5, shall be followed, including informing the County Medical Examiner and City of Victorville. If human remains are determined to be of Native American origin, the applicant shall comply with the state relating to the disposition of Native American burials that fall within the jurisdiction of the Native American Heritage Commission (California Public Resources Code, Section 5097). The Medical Examiner shall contact the Native American Heritage Commission to determine the most likely descendant. The most likely descendant shall inspect the site as needed and make recommendations or preferences for treatment of the remains within 48 hours of being granted access to the site. The disposition of the remains shall be overseen by the most likely descendant to determine the most appropriate means of treating the human remains and any associated grave artifacts. The specific locations of Native American burials and reburials is proprietary and shall not be disclosed to the general public. If Native American remains are discovered, the remains shall be kept in situ (in place), or in a secure location, as approved by the most likely descendant until the repatriation process can be completed. According to California Health and Safety Code, six or more human burials at one location constitute a cemetery (Section 8100), and disturbance of Native American cemeteries is a felony.
LS
Threshold 4: Tribal Cultural
Resources
PS See Mitigation Measures CUL-3, CUL-4, CUL-5, and CUL-6. LS Section 3.4, Greenhouse Gas Emissions
Threshold 1: Generation of
Greenhouse Gas Emissions
LS None. LS
Threshold 2: Conflict with Applicable
Plan
PS GHG-1: City-Wide Sustainability Program. The City of Victorville will complete and adopt a Climate Action Plan that meets the criteria specified in CEQA Guidelines, Section 15183.5(b), to be considered a qualified CAP. It is assumed that the adopted Climate Action Plan will demonstrate SU
Executive Summary
Draft PEIR ES-17 September 2022
City of Victorville General Plan Update
Table ES-3. Summary of Environmental Impacts and Mitigation Measures Impact
Level of
Significance
Before
Mitigation Mitigation Measure
Level of
Significance
After Mitigation
how the City of Victorville shall implement its fair share of greenhouse gas emissions reductions to achieve statewide emissions reduction goals. The plan will be adopted in a public process following environmental review. The program shall include an inventory of existing community greenhouse gas emissions; establish greenhouse gas emissions reduction targets consistent with Senate Bill 32, Executive Order S-03-05, and EO B-55-18; identify greenhouse gas emissions reduction measures to achieve reduction targets; and establish a program to monitor progress. In addition, the plan will establish a level, based on substantial evidence, below which the contribution to greenhouse gas emissions from activities covered by the plan would not be cumulatively considerable. Greenhouse gas emissions reduction measures may include but not be limited to the recommendations in Table 1, Priority GHG Reduction Strategies for Local Government Climate Action, in Appendix D to the California Air Resources Board California’s Draft 2022 Climate Change Scoping Plan.
GHG-2: Greenhouse Gas Reduction Features for Individual Projects. Until a local qualified Climate Action Plan is in place, and before the issuance of a building permit, the project applicant shall submit to the City of Victorville Planning and Building Departments documentation showing that the proposed project is consistent with the applicable and feasible recommendations for new development in Table 1, Priority GHG Reduction Strategies for Local Government Climate Action, in Appendix D to the California Air Resources Board California’s Draft 2022 Climate Change Scoping Plan, provided in Table 3.4-5, 2022 Scoping Plan Priority GHG Reduction Strategies for Local Government Climate Action, of the PEIR; or implement project specific greenhouse gas mitigation measures as outlined in any required CEQA document (e.g. Mitigated Negative Declaration, EIR, etc.). Additionally, residential development will be required to demonstrate consistency with the following 2022 Scoping Plan recommended attributes, as feasible unless otherwise addressed via project specific greenhouse gas mitigation measures as outlined in any required CEQA document:
At least 20 percent of the units are affordable to lower-income residents; Result in no net loss of existing affordable units;
Utilize existing infill sites that are surrounded by urban uses, and reuse or redevelop previously developed, underutilized land presently served by existing utilities and essential public services (e.g., transit, streets, water, sewer);
Include transit-supportive densities (minimum of 20 residential dwelling units/acre), or are in proximity to existing transit (within ½ mile), or satisfy more detailed and stringent criteria specified in the adopted RTP/SCS for SCS consistency that would go further to reduce emissions; Executive Summary
Draft PEIR ES-18 September 2022
City of Victorville General Plan Update
Table ES-3. Summary of Environmental Impacts and Mitigation Measures Impact
Level of
Significance
Before
Mitigation Mitigation Measure
Level of
Significance
After Mitigation
Do not result in the loss or conversion of the state’s natural and working lands; Use all-electric appliances, without any natural gas connections, and would not use propane or other fossil fuels for space heating, water heating, or indoor cooking; Provide EV charging infrastructure at least in accordance with CALGreen Tier 2 standards; and Relax parking requirements by:
o Eliminating parking requirements or including maximum allowable parking ratios. o Providing residential parking supply at a ratio of <1 parking space per unit. o Unbundling residential parking costs from costs to rent or lease.
Section 3.5, Noise
Threshold 1: Exceedance of Noise
Standards
PS NOI-1: Roadway Noise Measures. Before the approval of building permits and in conjunction with any required California Environmental Quality Act (CEQA) review for new projects that would result in increased vehicular traffic, project applicants shall be required to complete a site-specific Noise Technical Study to determine if the project would result in a significant increase in traffic noise. A qualified acoustical analyst shall prepare the Noise Technical Study.
If a significant increase in vehicle noise level is identified because of project implementation, the project shall incorporate buffers or other noise reduction measures to the extent feasible to reduce noise levels at affected sensitive receptors to a normally acceptable noise level. Reduction measures that shall be considered include but are not limited to alternative road design, reduced speeds, alternative paving, building retrofits to provide additional noise attenuation, and setbacks or buffers before berms and walls. A qualified acoustical engineer shall design the noise reduction measures.
Where noise reduction measures in the public right-of-way are infeasible, the project applicant shall conduct outreach to potentially affected sensitive receptors to determine the feasibility of noise reduction measures on private property, including a noise barrier or building retrofits. Based on affected receptor response, a qualified acoustical engineer shall determine the feasibility of a noise barrier on private property and/or the extent of required building retrofits. The project applicant shall submit plans to the City of Victorville Planning and Building Departments for review and approval before the start of any construction. These plans shall demonstrate that the proposed noise reduction measures would reduce traffic noise exposure at sensitive receptors to the extent feasible.
NOI-2: New Noise Sensitive Land Use. Before the approval of building permits and in conjunction with any required California Environmental Quality Act (CEQA) review for new noise-sensitive LS (Construction
and Noise
Sensitive Land
Use)
SU (Vehicular
Noise)
Executive Summary
Draft PEIR ES-19 September 2022
City of Victorville General Plan Update
Table ES-3. Summary of Environmental Impacts and Mitigation Measures Impact
Level of
Significance
Before
Mitigation Mitigation Measure
Level of
Significance
After Mitigation
projects that are not subject to General Plan Noise Element Implementation Measure 2.1.1.1, project applicants shall be required to complete a site-specific Noise Technical Study to determine if the project would be exposed to exterior noise levels that exceed the applicable normally acceptable noise compatibility standard in General Plan Noise Element Table N-3, Victorville Land Use Compatibility Standards. If a potentially incompatible exterior noise level is identified, the project shall incorporate noise attenuation features, such as enhanced windows or insulation, to provide interior noise levels of 45 dBA CNEL or below. The project applicant shall submit the analysis to the City of Victorville Planning and Building Departments for review and approval before the start of any construction. These plans shall demonstrate that the proposed noise reduction measures would reduce interior noise exposure to 45 dBA CNEL or less.
NOI-3: Construction Noise Best Management Practices. Prior to approval of a grading permit for new development requiring use of heavy construction equipment, the construction contractor shall demonstrate that the following best management practices would be implemented during construction, as applicable. Best management practices shall be documented on the project’s grading or other construction plan and submitted to the City of Victorville Planning and Building Departments for review and approval before the start of any construction.
1. Limit hours of construction to between 7:00 a.m. and 7:00 p.m. Monday through Saturday.
2. The construction contractor shall provide written notification to the noise sensitive uses within 500 feet of construction activities at least 3 weeks prior to the start of construction activities informing them of the estimated start date and duration of construction activities.
3. Construction activities that could generate high noise levels, such as pile driving, shall be scheduled during times that would have the least impact on sensitive receptor locations.
4. Stationary construction noise sources, such as temporary generators, shall be located as far from nearby noise-sensitive receptors as possible.
5. Trucks shall be prohibited from idling along streets serving the construction site where noise- sensitive receptors are located.
6. Outfit construction equipment with properly maintained, manufacturer-approved or recommended sound abatement means on air intakes, combustion exhausts, heat dissipation vents, and the interior surfaces of engine hoods and power train enclosures.
7. Position (to the extent practical) construction laydown and vehicle staging areas as far from noise-sensitive land uses as feasible.
Executive Summary
Draft PEIR ES-20 September 2022
City of Victorville General Plan Update
Table ES-3. Summary of Environmental Impacts and Mitigation Measures Impact
Level of
Significance
Before
Mitigation Mitigation Measure
Level of
Significance
After Mitigation
8. If feasible and determined to be an effective option, install temporary noise barriers around the perimeter of the construction area to minimize construction noise.
Threshold 2: Excessive
Groundborne Vibration or Noise
PS NOI-4: Vibration Best Management Practices. Before the start of construction activities that would involve use of a vibratory roller (or equivalent equipment) within 235 feet of a vibration- sensitive land use or within 110 feet of other land uses or the use of typical (not vibratory) construction equipment within 135 feet of a vibration-sensitive land use or within 65 feet of other land uses, the project applicant shall retain a qualified acoustician to demonstrate that vibration would not exceed the applicable FTA threshold (65 VdB for vibration-sensitive land uses of 75 VdB for other daytime land uses), or shall identify best management practices to be implemented by the construction contractor to reduce vibration levels to below the applicable threshold. The best management practices shall be included in project construction documents, including the Grading Plan and contract with the construction contractor. Practices may include but not be limited to the following:
a. Use only properly maintained equipment with vibratory isolators b. Operate equipment as far from sensitive receptors as possible c. Use rubber-tired vehicles as opposed to tracked vehicles
NOI-5: Vibration from Industrial Operation. Before the approval of building permits, project applicants for future development projects that would include vibration-generating equipment shall be required to complete a site-specific analysis to determine if proposed sources of vibration would result in a significant vibration at nearby land uses. The analysis shall identify the potential sources of vibration, equipment specifications, and evaluate whether vibration would exceed the applicable FTA threshold at surrounding land uses. If significant vibration levels are identified, the analysis shall identify vibration reduction measures to the extent feasible to reduce vibration levels at affected receptors, such as relocating equipment. The project applicant shall submit the analysis to the City of Victorville Planning and Building Departments for review and approval before the start of any construction.
NOI-6: Railroad Vibration. Prior to approval of building permits and in conjunction with any required California Environmental Quality Act (CEQA) review, if new vibration-sensitive land uses are in close proximity to the railroad, the project applicant shall retain an acoustical engineer to conduct an acoustic analysis that includes a vibration analysis for potential impacts from vibration LS (Vibration from
Industrial
Operation and
Railroad
Vibration).
SU (Construction
Vibration)
Executive Summary
Draft PEIR ES-21 September 2022
City of Victorville General Plan Update
Table ES-3. Summary of Environmental Impacts and Mitigation Measures Impact
Level of
Significance
Before
Mitigation Mitigation Measure
Level of
Significance
After Mitigation
generated by operation of the rail line. If levels of vibration are detected that exceed the applicable FTA threshold, the acoustic analysis shall recommend site design features, such as setbacks and trenches, and/or required building improvements, such as harder building materials (e.g., steel framing vs. wood framing), to eliminate the potential for train operations to result in levels of vibration that would interfere with proposed operation. The site design features shall be identified on the Final Site Plan and within associated CEQA documents as applicable to the satisfaction of the City of Victorville Planning and Building Departments.
Threshold 3: Aircraft Noise LS None. LS
Section 3.6, Transportation
Threshold 1: Circulation System
Performance
LS None. LS
Threshold 2: Induction of Substantial
Vehicle Miles Traveled
LS None. LS
Threshold 3: Hazardous Design
Features
LS None. LS
Threshold 4: Inadequate Emergency
Access
LS None. LS
Notes: LS = Less than Significant Impact; NI = No Impact; PS = Potentially Significant Impact; SU = Significant and Unavoidable Executive Summary
Draft PEIR ES-22 September 2022
City of Victorville General Plan Update
Alternatives to the Proposed Project
Section 15126.6 (d) of the CEQA Guidelines requires an EIR to provide sufficient information about each alternative to allow for meaningful evaluation, analysis, and comparison with the project. The City selected the alternatives for analysis based on the “rule of reason” and ability for each alternative to meet most of the basic project objectives. Following is a description of the three alternatives.
Alternative 1: No Project/Existing 2008 General Plan Alternative. The No Project/ Existing 2008 General Plan Alternative would leave the existing 2008 General Plan Land Use Element in place and assumes development would occur as designated in the 2008 General Plan land use map (Figure 5-1, No Project/Existing 2008 General Plan Alternative ). Future development under the existing General Plan would result in 21,381 more dwelling units in the City and 43,361 more units within the Sphere of Influence ( SOI). In addition, the No Project/Existing 2008 General Plan Alternative would result in 18,452,909 fewer square feet of non -residential development in the City but 39,087,464 more square feet within the SOI. The No Project/Existing 2008 General Plan Alternative does not include the proposed High Density Residential land use d esignation nor the Greenway/Utility Corridor and Health and Wellness Overlay. In addition, the No Project/Existing 2008 General Plan Alternative maintains the existing Mixed Use -High Density land use designation and would not incorporate two new Mixed-Use designations compared to the proposed project. This alternative would also not update the Safety Element and would not include the creation of the new Environmental Justice Element consistent with current state requirements.
Alternative 2: Reduced Density Alternative. The Reduced Density Alternative would remove the proposed Low Density Residential Infill Overlay. As shown in Figure 5 -2, Reduced Density Alternative, development in the area of the Low Density Residential Infill Overlay would still occur in accordance with the designated land use and would not result in an increase in density in the core area of the City. Future development under the Reduced Density Alternative would result in 22,356 fewer dwelling units in the core area of the City. The Reduc ed Density Alternative would also include preparation of proposed new Environmental Justice Element and updated Safety Element, similar to the proposed project.
Alternative 3: Increased Conservation Alternative. The Increased Conservation Alternative would increase open space and greenways by removing portions of heavy and light industrial land uses in the northern areas of the City and designating those areas as open space (Figure 5 -3, Increased Conservation Alternative). The increase in open space would result in a reduction of 4,515,648 square feet of light and heavy industrial uses. The Increased Conservation Alternative would also include preparation of a proposed new Environmental Justice Element and updated Safety Element, similar to the proposed project.
Executive Summary
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Detailed descriptions and an analysis of potential impacts of each alterna tive are presented in Chapter 5, Alternatives . Table 5-5, Comparison of Potentially Significant Impacts for Alternatives to the Proje ct, provides a comparison of the potentially significant impacts for the alternatives to the project. The environmentally superior alternative would be the Increased Conservation Alternative because it would result in the greatest reduction in environmental impacts compared to the proposed project.
Potential Areas of Controversy and Issues to Be Resolved Section 15123 of the CEQA Guidelines requires the summary of an EIR to include areas of controversy known to the lead agency, including issues raised by agencies and the public, and to address issues to be resolved, including the choice among alternatives and whether or how to mitigate the significant effects. On October 8, 2021, the City posted a Notice of Preparation (NOP) in accordance with Section 15082 of the CEQA Guidelines. The 30 -day public review period for the NOP began on October 8, 2021 and ended on November 8, 2021. The NOP and notices of NOP availability were mailed to public agencies, organizations, and other interested individuals to solicit their comments on the scope and content of the environmental analysis. The City also held a public sco ping meeting on October 20, 2021. The comment letters received are summarized in Table ES-4, Notice of Preparation Comment Letter Summary. The NOP and comment letters can be found in Appendix A.
Table ES-4. Notice of Preparation Comment Letter Summary Comment
Letter No. Commenter Subject of Comment
Location in PEIR Where
Comment
Is Addressed
1 California Native
American Heritage
Commission
Recommends consultation with California Native American tribes that are traditionally and culturally affiliated with the geographic region of the City and describes Assembly Bill 52 tribal consultation requirements.
Section 3.3, Cultural
Resources and Tribal
Cultural Resources
2 Mitchell M. Tsai Recommends the inclusion of community benefits such as local hire and skilled and trained workforce requirements and additional CEQA mitigation measures to mitigate public health risks due to COVID-19 from the project’s
construction activities.
Section 3.1, Air Quality,
and Section 3.5, Noise
Notes: CEQA = California Environmental Protection Act; PEIR = Program Environmental Impact Report
Executive Summary
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Chapter 1: Introduction
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Chapter 1 Introduction
1.1 Project Overview
The City of Victorville General Plan Update (project) proposes to update the City of Victorville’s (Victorville’s or City’s) Land Use Element and Safety Element and create a new Environmental Justice Element as part of the Victorville General Plan, which was last updated in 2008. The Land Use Element would be updated to guide and accommodate future growth in the City in a manne r that achieves the community’s vision, enhance s the community’s quality of life, and provide s a mix of land uses that promote sustainability and economic vitality. The Safety Element Update would emphasize hazard reduction, accident prevention, and responses for human-made hazards and it would follow the City’s update to its Local Hazard Mitigation Plan along with the inclusion of climate change adaptation and resiliency plans. The Environmental Justice Element, a new state requirement for disadvantaged co mmunities, would aim to reduce pollution exposure ; improve access to public facilities ; promote food access, safe and sanitary housing, physical activity, and civic engagement ; and prioritize improvements and programs to address the needs of disadvantaged communities in the City.
1.2 Victorville General Plan
1.2.1 Existing Land Uses
The Land Use Element functions as a guide to the pattern of development for the City within its incorporated boundaries and sphere of influence (SOI). While City boundaries display the City’s currently incorporated boundaries, the SOI projects the developmental potential, size, and intensity that could occur in the City. The City and SOI are divided into 10 planning areas: Golden Triangle, Baldy Mesa, West Bear Valley, East Bear Valley, Spring Valley Lake, Central City, West City, North Mojave, Southern California Logistics Airport, and the Northern Expansion Area. Of those 10 planning areas, the City’s primary categories of land uses consist of Housing, Business, Public Facilities and Institutional, Open Space, and Specific Plan.
Table 1-1, Existing General Plan Land Use Acreage Designations for City Boundaries and Sphere of Influence, provides a statistical summary of the City’s existing land uses within its bo undaries and SOI. Table 1-2, 2008 Land Use Designations, gives a general description of the existing land use designations and corresponding indications of maximum density or intensity of development.
Chapter 1: Introduction
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Table 1-1. Existing General Plan Land Use Acreage Designations for City Boundaries and Sphere of Influence
Land Use Designation City Boundary (Acres) Sphere of Influence (Acres) Very Low Density Residential 3,280 4,786
Low Density Residential 13,967 2,384
Medium Density Residential 525 0
High Density Residential 2,242 14
Mixed Density Residential 78 0
Mixed Use 47 562
Commercial 5,108 400
Office Professional 352 0
Light Industrial 1,235 198
Heavy Industrial 1,228 5
Open Space 2,211 1,202
Public Institutional 964 267
Specific Plan 15,556 5,423
Total 46,791 15,241
Source: City of Victorville 2008.
Table 1-2. Existing Land Use Designations
Land Use Designations Definition Development Standards
Residential1
Very Low Residential (VLR) This Very Low Residential land use category is characterized by single-
family detached homes on lots with a
minimum area of 0.5 acre, which allows
for a maximum density of two dwelling
units per acre.
2 du/ac; maximum height of a principal
building is 30 feet and 25 feet for an
accessory; maximum lot coverage is 40
percent.
Low Density Residential (LDR) This Low Density Residential land use category is characterized by single-
family detached residential
development.
5 du/ac; maximum height of a principal
building is 30 feet and 20 feet for an
accessory; maximum lot coverage is 40
percent.
Medium Density Residential (MEDR) Residential development in this category is typified by attached
townhome units or garden type multi-
family development.
8–12 du/ac; maximum height of a
principal building is 30 feet and 20 feet
for an accessory; maximum lot
coverage is 40 percent.
Mixed Density (MDR) This Mixed Density Residential land use category is intended to facilitate
single-family infill development in the
event that extraordinary developmental
constraints, such as a lack of required
sewer infrastructure, make the
continued development of the permitted
high-density uses impractical or
infeasible. Residential development in
the Mixed Density Residential land use
category ranges from single-family
detached units to multi-family attached
1–15 du/ac for infill; maximum height is
35 feet; maximum lot coverage is 40
percent.
Chapter 1: Introduction
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Table 1-2. Existing Land Use Designations
Land Use Designations Definition Development Standards
units, such as apartments. The Mixed
Density Residential (MDR) zone district
corresponds to this General Plan land
use designation.
Mixed Use2
Mixed-Use (MU) This Mixed-Use land use category is
intended to facilitate well-integrated
multi-family and commercial
developments adjacent to retail
development. Permitted mix of uses
multi-family residential up to a density
of 60 du/ac; retail, office, civic, open
space, and other similar uses as
defined through the PUD process.
Maximum density 60 du/ac; maximum
lot coverage is 50 percent; maximum
building height is 150 feet; residential
may occupy 50 percent of the site area;
requires PUD with open space
elements and pedestrian linkages.
Commercial
Commercial (COM) This Commercial district corresponds to a wide range of retail commercial,
service commercial, and office
commercial activities.
Maximum height 120 feet. Maximum lot
coverage is 40–60 percent.
Office Professional (OP) The Office Professional district is established to provide for the location of
offices for professional services and for
business activities that involve a
relatively low volume of direct
consumer contact and to regulate such
development. Limited retail and
assembly that supports
office/professional uses is permitted.
Maximum site coverage is 50 percent of
the area of the property. Maximum
building height is 150 feet.
Industrial
Light Industrial (LI) This Light Industrial land use category is characterized by industrial development
either in industrial and/or business parks
or in mixed use areas. The main feature
of industrial activities in this category is
that they do not require any significant
site or structure requirements that are so
specialized that would limit future use of
the structures and/or site by another
industrial activity. There are two zone
districts that implement the Light
Industrial land use designation including
the Industrial Park District (IPD) zone,
and Light Industrial (M-1) zone.
The maximum development density for
the Industrial Park District (IPD) zone is
governed by lot coverage requirements
which permit structures to cover up to
60 percent of the total site area. The
Light Industrial (M-1) zone district does
not have a maximum lot coverage. The
maximum building height within this
land use district is 50 feet.
Heavy Industrial (HI) This Heavy Industrial land use category refers to industrial and manufacturing
uses that are more specialized in nature
and require special consideration in
terms of use of the property and impacts
on adjacent properties.
The maximum building height within
this land use category is 50 feet. There
is no maximum lot coverage.
Chapter 1: Introduction
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Table 1-2. Existing Land Use Designations
Land Use Designations Definition Development Standards
Public, Institutional, Open Space
Public/Institutional (PI) This General Plan land use designation refers to those land uses and activities
that are predominately used for public
purposes or owned or operated by a
public entity. Activities within this category
include City and County buildings, public
and private schools, colleges, and public
utilities and City yards.
The maximum lot coverage for
development in this category is 40
percent. The maximum building height
within this land use category is 50 feet.
Open Space (OS) This Open Space land use designation
refers to land that is to remain
undeveloped due to severe
development constraints, lake or river
bodies and floodplains, and reserved
public open space in parks and golf
courses. The purpose of this district is
to provide for the protection of the
public health, safety, and general
welfare in those areas of the City that,
under present conditions, are subject to
periodic flooding and accompanying
hazards and to conserve natural
resources of benefit to the general
public interest.
In the Open Space district, areas
outside the floodplain are permitted one
single-family dwelling is allowed on a 5-
acre minimum lot and agricultural uses.
Specific Plan
Specific Plan The land use policy provides for a
number of Specific Plans in the City.
The Specific Plans identify the location,
extent, and density of new development
and also indicate specific development
standards that are applicable.
All land use regulations and
development standards shall be those
as set forth in the adopted Specific
Plan.
Source: City of Victorville 2008.
Notes: du/ac = dwelling unit per acre; PUD = Planned Unit Development 1 No institutional or commercial uses permitted in any residentially designated districts, including Very Low Residential, Low Density Residential, Medium Residential, High Density Residential, and Mixed Use Residential. 2 No institutional uses permitted in the Mixed Use District.
1.2.2 Surrounding Land Uses
The City is within the southwestern portion of Sa n Bernardino County (County) with the City of Adelanto to the northwest, City of Hesperia to the south, Town of Apple Valley to the east, and Oro Grande community to the north. The County is the largest county in the contiguous United States with 20,105 sq uare miles stretching into 24 incorporated cities. The northern and eastern borders of the County touch the borders of Nevada and Arizona.
The County categorized its planning areas into three different subgroups: the Valley Region, the Mountain Region, and the Desert Region. The Valley Region is at the southwestern corner of the County’s boundaries closest to other metropolitan areas such as the County of Los Angeles and Chapter 1: Introduction
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the County of Orange. Cities and major unincorporated areas in the Valley Region includ e Bloomington, Chino, Chino Hills, Colton, Fontana, Grand Terrace, Highland, Loma Linda, Mentone, Muscoy, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Upland, and Yucaipa. The Mountain Region is mostly composed of undeveloped canyons and mo untain preserves such as the San Bernadino National Forest that encompasses approximately 823,816 acres, 677,982 acres of which are federal land. Big Bear City, Big Bear Lake, Crestline, Lake Arrowhead, Running Spring, and Wrightwood are all unincorporated areas in the Mountain Region. The Desert Region comprises 93 percent of the County’s land area, including the Mojave National Preserve , which is approximately 1.6 million acres of desert land. Cities and major unincorporated areas in the Desert Region inc lude Adelanto, Apple Valley, Barstow, Hesperia, Joshua Tree, Lucerne Valley, Needles, Newberry Springs, Twentynine Palms, Victorville, Yermo, and Yucca Valley.
1.3 Purpose and Use of the Environmental Impact Report
The California Environmental Quality Act (CEQA) requires that state and local governmental agencies consider the environmental consequences of projects over which they have discretionary authority before taking action on those projects. This Program Environmental Impact Report (PEIR) has been prepared to satisfy California Public Resources Code, Section 21061, and CEQA Guidelines, Section 15168.
The lead agency means “the public agency which has the principal responsibility for carrying out or approving a project which may have a significant effec t upon the environment” (California Public Resources Code, Section 21067). The City has the principal responsibility for approval of the project. For this reason, Victorville is the CEQA lead agency for the project.
A PEIR is an EIR that may be prepared for a series of actions that can be characterized as one large project and are related (1) geographically; (2) as logical parts in the chain of contemplated actions; (3) in connection with issuance of rules, regulations, plans, or other general criteria to g overn the conduct of a continuing program; or (4) as individual activities carried out under the same authorizing statutory or regulatory authority and having generally similar environmental impacts that can be mitigated in similar ways. The intent of this PEIR is to provide sufficient information on the potential environmental impacts of the project to allow the City to make an informed decision regarding approval of the project. Specific discretionary actions to be reviewed by the City are described in Se ction 2. 5, Intended Uses of the Environmental Impact Report and Discretionary Actions, in Chapter 2, Project Description.
This PEIR has been prepared in accordance with current CEQA Statutes and Guidelines, CEQA implementation guidelines for the City, and the City’s local guidelines for implementing CEQA (2019 version). This PEIR has the following uses and purposes:
To comply with CEQA
Chapter 1: Introduction
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To provide public notice to interested or affected parties regarding the project To assess the environmental impacts resulting from construction and operation of the project at a program level
To assess the potential environmental impacts from feasible alternatives to the project To provide environmental documentation to be used in applicable environmental permitting processes
An EIR is an informational document, the purpose of which is to inform members of the public and agency decision makers of the significant environmental effects of a proposed project, identify feasible ways to reduce the significant effects of the p roject, and describe a reasonable range of feasible alternatives to the project that would reduce one or more significant effects and still meet the project’s objectives. In instances where significant impacts cannot be avoided or mitigated, the project may be carried out or approved if the approving agency finds that economic, legal, social, technological, or other benefits outweigh the unavoidable significant environmental impacts.
1.4 Environmental Impact Report Review Process
1.4.1 Notice of Preparation
In accord ance with CEQA Guidelines , Section 15082, a Notice of Preparation (NOP) was circulated for public and public agency review from October 8, 2021, through November 8, 2021 (included as Appendix A). The purpose of the NOP is to provide notification that an EI R for the project is being prepared and to solicit guidance on the scope and content of the document.
Pursuant to CEQA Guidelines, Section 15082, the lead agency held a public scoping meeting on October 20, 2021. Public agencies and members of the public were invited to attend and provide input on the scope of this PEIR. Comments from the public and public agencies in response to the NOP are provided in Appendix A . Several specific environmental issues were raised in the comments on the NOP. A summary of these comments and the PEIR chapters or sections in which they are addressed are provided in Table 1 -3, Notice of Preparation Comment Letter Summary .
Only comments that pertain to the environmental scope of this PEIR are summarized.
Chapter 1: Introduction
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Table 1-3. Notice of Preparation Comment Letter Summary Comment
Letter No. Commenter Subject of Comment
Location in PEIR
Where Comment
Is Addressed
1 California Native
American Heritage
Commission
Recommends consultation with California Native
American tribes that are traditionally and culturally
affiliated with the geographic region of the City and
describes Assembly Bill 52 tribal consultation
requirements.
Section 3.3, Cultural
Resources and Tribal
Cultural Resources
2 Mitchell M. Tsai Recommends the inclusion of community benefits such as local hire and skilled and trained workforce
requirements and additional CEQA mitigation measures
to mitigate public health risks due to COVID-19 from the project’s construction activities.
Section 3.1, Air Quality,
and Section 3.5, Noise
Notes: CEQA = California Environmental Protection Act; PEIR = Program Environmental Impact Report
1.4.2 Program Environmental Impact Report
This PEIR is being circulated for public review and comment for a period of 45 days. During this period, the public and public agencies can submit comments on this PEIR’s accuracy and completeness to the lead agency. Release of this PEIR marks the beginning of the 45-day public review period pursuant to CEQA Guidelines, Section 15105. The 45-day public review period for this PEIR will be from September 2, 2022, through October 17, 2022. The public can review this PEIR at the following address during normal business hours ( Monday through Friday, 8:30 a.m. to 5 :00 p.m.) or on the City’s website at https://www.victorvilleca.gov/government/city- departments/development/planning/environmental-review-notices.
The City encourages all comments on this PEIR to be submitted in writing. Comments or questions regarding this PEIR should be addressed to the following:
Scott Webb, City Planner
City of Victorville
14343 Civic Drive
Victorville, California 92392
(760) 955-5135
[email protected]
Upon completion of the Draft PEIR public review period, a Final PEIR that will include written comments on the Draft PEIR received during the public review period and the City’s responses to those comments will be prepared. The Final PEIR will also include a Mitigation Monitoring and Reporting Program prepared in accord ance with CEQA (California Public Resource s Code, Section 21081.6). The Final PEIR will address any revisions to the Draft PEIR made in response to public, organization, or public agency comments. The Draft PEIR and Final PEIR together will compose the PEIR for the project. Before the City can review the project for approval, it must first certify that the PEIR has been completed in compliance with CEQA, that it has reviewed and Chapter 1: Introduction
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considered the information in the PEIR, and that the PEIR reflects the indepe ndent judgment of the City. The City will also be required to adopt Findings of Fact and a Statement of Overriding Considerations (if any significant , unavoidable impacts are identified). If no significant , unavoidable impacts (assuming the City finds the proposed mitigation measures to be feasible) are identified, the City will not be required to adopt a Statement of Overriding Considerations if it approves the project (California Public Resources Code, Section 21081).
1.5 Documents Incorporated by Reference
CEQA Guidelines, Section 15150, allows for incorporation by reference of “all or portions of another document which is a matter of public record or is generally available to the public.” Incorporation by reference is used principally as a means of reducing the size of EIRs. This PEIR relies in part on data, environmental evaluations, mitigation measures, and other components of EIRs and plans prepared by the City for areas in the project vicinity. These documents are listed here and used as source documents for this PEIR. These documents are available for public review during normal business hours (Monday through Friday, 8:30 a.m. to 5:00 p.m.) at 14343 Civic Drive Victorville, CA 92392, and on the City’s website a t https://www.victorvilleca.gov/government/city-departments/development/planninq/ environmental-reviewnotices:
Southern California Association of Governments 2016–2040 Regional Transportation Plan/Sustainable Communities Strategy
1.6 Scope of the Environmental Impact Report
Based on a review of the project and comments received during the NOP public review period and preparation of an Initial Study (Appendix A), the City determined that a PEIR that addresses the following environmental issue areas should be prepared:
Air Quality
Biological Resources
Cultural Resources and Tribal Cultural Resources
Greenhouse Gas Emissions
Noise
Transportation
The specific topics evaluated are detailed in Chapter 3, Environmental Analysis, of this PEIR.
This PEIR evaluates direct impacts, reasonably foreseeable indirect impacts, and cumulative impacts resulting from planning, construction, and operation of the project using the most current information available and in accordance with the provisions set forth in CEQA and the CEQA Guidelines. In addition, this PEIR recommends potentially feasible mitigation measures, where possible, and project alternatives that would reduce or eliminate significant, adverse environmental effects.
Chapter 1: Introduction
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1.7 Organization of the Program Environmental Impact Report Executive Summary. Summarizes the project, environment al impacts that would result from implementation of the project, proposed mitigation measures that would avoid or reduce impacts, and the level of significance of impacts both before and after mitigation.
Chapter 1, Introduction. Provides an introduction and overview of this PEIR process and describes the intended use and scope of this PEIR and the review process.
Chapter 2, Project Description. Provides a detailed description of the project, including its location and setting ; background information and purpose ; objectives; and technical, economic, and environmental components, and the intended uses for this PEIR.
Chapter 3, Environmental Analysis. Describes the existing physical conditions for each resource area; lists the applicable laws and regulations and thresholds of significance related to the specific resource; describes the impact assessment methods; identifies the direct, indirect, and cumulative impacts that would result from implementation of the project; and provides feasible mitigation measures that would eliminate or reduce the identified impacts.
Chapter 4, Other CEQA Considerations. Provides information required by CEQA regarding impacts that would result from the project, including a summary of cumulative impacts; secondary impacts, including potential impacts resulting from growth inducement , and significant, irreversible changes to the environment.
Chapter 5, Alternatives. Describes and compares the proposed alternatives to the project.
Chapter 6, List of Preparers and Agencies Consulted. Lists the lead agency and consultants who provided technical assistance and the agencies consulted in the preparation and review of this PEIR.
Chapter 7, References. Provides a list of references used in preparation of the analysis presented in this PEIR.
Appendices. Includes various documents and data that support the analysis presented in this PEIR.
1.7.1 Certification of the Final PEIR
Pursuant to CEQA Guidelines , Section 15132, Contents of Final Environmental Impact Report, the Final PEIR will consist of the following:
The Draft PEIR or revision of the Draft PEIR
Comments and recommendations received on the Draft PEIR either verbatim or in summary A list of people, organizations, and public agencies commenting on the Draft PEIR The lead agency’s responses to significant environmental points raised in the review and consultation process
Any other information added by the lead agency.
Chapter 1: Introduction
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Additionally, pursuant to CEQA Guidelines , Section 15088, Evaluation of and Response to Comments, after the Final PEIR is completed, and at least 10 days prior to the certification hearing, a copy of the response to comments made by public agencies on the Draft PEIR will be provided to the commenting agencies.
1.7.2 Project Consideration
After Final PEIR certification, the City Council may consider approval of the project. A decision to approve the project would be accompanied by specific, written findings, in accordance with CEQA Guidelines , Section 15091, and if required, a specific written statement of overriding considerations, in accordance with CEQA Guidelines, Section 15093.
Chapter 2: Project Description
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Chapter 2 Project Description
The purpose of this chapter is to describe the proposed City of Victorville General Plan Update (project) for the public, reviewing agencies, and decision makers.
2.1 Project Location and Setting
The City of Victorville (Victorville or City) is in the southwestern portion of the County of San Bernardino in the geographic sub -region of the southwestern Mojave Desert (known as Victor Valley or the High Desert) , within the Inland Empire area , as shown on Figure 2-1, Regional Location. The City is considered the largest metropolitan area in the Mojave Desert. Victorville is approximately 90 miles northeast of the City of Los Angeles and 35 miles northeast of the City of San Bernardino, and north of the San Bernardino Mountains at the edge of the Mojave Desert. The Mojave River runs through the City toward the Mojave Desert . Areas surrounding the City’s Planning Area are largely undeveloped and contained within the unincorporated County of San Bernardino boundaries.
The City is within Victor Valley, often referred to as the “High Desert” due to its approximate elevation of 2,900 feet above sea level. The Victor Valley is separated from other urbanized areas in Southern California by the San Bernardino and San Gabriel mountains. The City and its sphere of influence are accessible via Interstate 15, U.S. Route 395, State Route 18, and historic U.S.
Route 66 (Figure 2-2, Project Location).
The City shares boundaries with the City of Adelanto to the northwest, the Town of Apple Valley and the unincorporated community of Spring Valley lake to the east, the City of Hesperia to the south, and unincorporated San Bernardino County to the southwest and to the north. There are also portions of unincorporated San Bernardino County nested within the City of Victorville. The community of Mountain View Acres is an unincorporated area within City boundaries. During the 60 years that Victorville has been a City, it has grown from an area of 9.7 square miles to an area of 74.16 square miles.
2.2 Project Background and Purpose
The City has experienced population growth over the last several decades and is anticipated to continue to experience population growth over the next several decades. Th e City’s growth projections indicate that Victorville will grow in population from approximately 136,561 residents in 2022 to approximately 339,613 residents by 2040. The City of Victorville General Plan Update is the City’s long-term planning document that provides guidance for development in the City and its sphere of influence over the next 20 years. The Victorville General Plan was last updated in 2008, and the Victorville Housing Element was last updated in 2021.
Chapter 2: Project Description
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2.2.1 Land Use Element
The City is updating the Land Use Element and Safety Element of the Victorville General Plan and creating a new Environmental Justice Element. The update to the Land Use Element has been completed in accordance with the City’s vision as expressed through the Victorville General Plan 2030, which presents the broad goals and strategies necessary to achieve the community’s vision (City of Victorville 2008). The Victorville General Plan 2030 is a blueprint for community leaders, City staff, and the community th at plans and addresses the broad range of issues associated with the City’s development.
2.2.2 Safety Element
A Safety Element is a required component to a General Plan and serves to identify the City’s future vision and implementation plan for safety considerations and decision-making process in planning for the next 2 to 3 decades. It includes future development policies that would minimize the risk of personal injury, loss of life, property damage, and environmental damage associated with natural and human-made hazards. The City is currently updating the Local Hazard Mitigation Plan, which would be incorporated into the Safety Element as an appendix to comply with state laws.
2.2.3 Environmental Justice Element
In 2016, the State of California passed Senate Bill 1000, the Planning for Healthy Communities Act, requiring cities and counties to address environmental justi ce in their General Plans.
Environmental Justice is defined by the State of California as “the fair treatment and meaningful involvement of people of all races, cultures, incomes, and national origins with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations, and policies.” The Environmental Justice Element was prepared to meet the requirements of Senate Bill 1000 by developing new goals and policies that:
Reduce the unique or compounded health risks in the community Promote civic engagement in the public decision-making process Prioritize improvements and programs that address the needs of disadvantaged communities Chapter 2: Project Description
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2.3 Project Objectives
In accordance with Section 15124(b) of the California Environmental Quali ty Act ( CEQA) Guidelines, the City identified the following objectives for the project:
1. Guide and accommodate future growth in Victorville in a manner that achieves the community’s vision, enhances our community’s quality of life, and provides a mix of land uses that promote sustainability and economic vitality
2. Create a balanced land use pattern to accommodate Victorville’s future housing, commerce, industry, recreation and open space, education, employment, social, and health needs
3. Create an aesthetically pleasing community by promo ting a distinctive identity for Victorville
4. Meet new statutory requirements identified in the Housing Element Update and ensure opportunities for a variety of housing types and affordability levels
5. Create strategies to separate s ources of pollution from sensitive land uses to reduce pollution exposure and improve regional air quality
6. Promote access to public facilities and services by developing complete streets concepts throughout Victorville
7. Protect Victorville against natural and human-made disasters by emphasizing hazard reduction through land use and development restrictions and promoting accident prevention
2.4 Project Components
The project proposes updates to the Land Use and Safety Elements and the creation of a new Environmental Justice Element as a stand-alone chapter in the Victorville General Plan 2030. Each project component is described below.
2.4.1 Land Use Element Update
The Land Use Element of the General Plan provides long-term goals and policies that guide the City’s future housing, commerce, industry, recreation and open space, education, employment, social, and health needs. The update would promote land use and development practices that are consistent with Smart Growth principles to conserve natural resources, reduce p ollution, and greenhouse gas emissions . The proposed update would encourage economic development strategies by providing an appropriate mix of land uses to allow growth and employment to support the City as a major regional center for business and commerce in the Victor Valley. It would encourage development within proximity to City center and commercial corridors, near underutilized commercial centers and aim to minimize the expansion of infrastructure. The updated land use plan would include a significant increase in open space with the addition of the Greenway/Utility Corridor (GUC). The proposed update would provide a clear guide for future growth identified in the 6th Cycle Housing Element Update 2021, which the City prepared in a separate, independent process from this General Plan Update. The Land Use Element Update Chapter 2: Project Description
Draft PEIR 2-4 September 2022
City of Victorville General Plan Update
would ensure equitable policies and opportunities for a variety of housing types and affordability levels in the City. It would expand the types of housing in Vi ctorville to accommodate people of all ages, socioeconomic status, family size, and ability.
2.4.1.1 Proposed Land Use Designations
As shown on Figure 2-3, Proposed Victorville General Plan Update Land Use Designations , the proposed Land Use Element Update would include changes to the existing land use designations, which establish the general pattern of land uses in the Planning Area and would identify maximum permitted land use densities and intensities. The Land Use El ement Update would establish 16 land use designations (14 primary land use designations and two overlay designations) that govern land uses in the Planning Area as shown in Table 2-1, Proposed Victorville General Plan Update Land Use Designations. These de signations apply density and intensity requirements, use characteristics, and land use policies to individual parcels.
Table 2-1. Proposed Victorville General Plan Update Land Use Designations Land Use Designations Definition Density/Intensity Standards1 Residential
Very Low Density Residential (VLDR) Generally characterized by single- family detached homes on lots with a
minimum area of one-half acre, which
allows for a maximum of two dwelling
units per acre.
Density: 0–2 du/ac
Low Density Residential (LDR) Generally characterized by single- family detached residential
development.
Density: 0–5 du/ac
Low-Medium Density Residential
(LMDR)
Generally typified by multi-family
attached units; duplex, triplex, and
fourplex structures; patio homes,
cottage/bungalow court housing, and
attached townhomes.
Density: 5.1–12 du/ac
Medium Density Residential (MDR)2 Generally characterized by multi-family dwellings that coordinate with
neighboring lower density development
and includes cottage/bungalow court
housing, attached townhomes, and
garden apartments.
Density: 12.1–20 du/ac
High Density Residential (HDR) Generally typified by multi-family dwellings including garden apartments
and low- to mid-rise multi-family
buildings.
Density: 20.1–30 du/ac
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Draft PEIR 2-5 September 2022
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Table 2-1. Proposed Victorville General Plan Update Land Use Designations Land Use Designations Definition Density/Intensity Standards1 Mixed Density Residential (MXDR) Intended to facilitate single-family infill development in the event that
extraordinary developmental
constraints, such as a lack of required
sewer infrastructure, make the
continued development of the permitted
high-density uses impractical or
infeasible. Residential development in
the Mixed Density Residential land use
category ranges from single-family
detached units to multi-family attached
units, such as apartments. The MXDR
zone district corresponds to this
General Plan land use designation.
Density: 1–15 du/ac for infill
Mixed Use
Mixed Use 1 (MU-1)2 Provides for a mix of neighborhood- and community-serving commercial,
service, and other complementary and
supportive uses with a variety of lower
to medium density housing to
encourage infill development and/or
revitalization of existing areas. “Big box”
retailers prohibited. Mix of uses can be
vertical or horizontal. MU-1 allows
mixed-use, stand-alone commercial,
and stand-alone residential.
Density: 0–15 du/ac
Non-Residential FAR: 0.5
Mixed Use 2 (MU-2)2 Provides for a mix of neighborhood- and community-serving commercial,
service, and other complementary and
supportive uses with a variety of
medium- to high-density housing to
encourage infill development and/or
revitalization of existing areas. Provides
flexibility to support changing land use
trends. “Big box” retailers prohibited.
Accommodates lower income Regional
Housing Needs Allocation default
density. Mix of uses can be vertical or
horizontal. MU-2 allows mixed-use,
stand-alone commercial, and stand-
alone residential.
Density: 15.1–30 du/ac
Non-Residential FAR: 1.0
Commercial
General Commercial (GC) Provides for a wide range of retail commercial, service commercial, and
office commercial activities, as well as
large-scale planned shopping districts
serving the local and regional area and
population, “big box” retailers,
motels/hotels, and public assembly uses.
FAR: 2.0 (Note: certain uses, such as
hotels and convention centers, may be
increased on a case-by-case basis.)
Chapter 2: Project Description
Draft PEIR 2-6 September 2022
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Table 2-1. Proposed Victorville General Plan Update Land Use Designations Land Use Designations Definition Density/Intensity Standards1 Industrial
Light Industrial (LI) This category of land use is
characterized by industrial development
either in industrial and/or business
parks or in mixed industrial/business
park use areas. The main feature of
industrial activities in this category is
that they do not require any significant
site or structure requirements that are
so specialized that would limit future
use of the structures and/or site by
another industrial activity.
FAR: 1.0
Heavy Industrial (HI) The Heavy Industrial land use category refers to industrial and manufacturing
uses that are more specialized in nature
and require special consideration in
terms of use of the property as well as
impacts on adjacent properties.
FAR: 1.0
Public/Institutional/Open Space
Public/Institutional (P-I) Refers to those land uses and activities that are predominately used for public
purposes or owned or operated by a
public entity. Activities within this category
include city and county buildings, public
and private schools, colleges, and public
utilities and city yards.
FAR: Development intensity determined
on a case-by-case basis
Open Space (OS) Refers to land that is to remain
undeveloped due to severe
development constraints, lake or river
bodies and floodplains, and reserved
public open space in parks, golf
courses, or other lands with an open
space character that protect public
safety and/or conserve public
resources. The purpose of this district is
to provide for the protection of the
public health, safety, and general
welfare in those areas of the City which,
under present conditions, are subject to
periodic flooding and accompanying
hazards or are intended to conserve
natural resources of benefit to the
general public interest.
FAR: NA
Minimum Density: 1 du/5 ac on property
outside the floodplain
Greenway/Utility Corridor (GUC)2 Provides for the use of areas located within overhead utility line easements,
that are otherwise undevelopable, as
open spaces corridors and pedestrian
connections to conserve natural
resources and enhance connectivity for
benefit to the general public interest.
FAR: NA
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Draft PEIR 2-7 September 2022
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Table 2-1. Proposed Victorville General Plan Update Land Use Designations Land Use Designations Definition Density/Intensity Standards1 Overlays
Low Density Residential Infill Overlay
(LDRIO)2
Applies to LDR properties in the area
included within the overlay. Allows increase
in density in core area of the City to:
Encourage infill and promote
efficient use of existing
infrastructure.
Provide additional housing
opportunities.
0–9 du/ac3
Health and Wellness Overlay (HWO)2
Promotes health and wellness for all
segments of the community, (local &
regional-serving), including those who are
ill, those who are aging, and health-
conscious individuals of all ages.
Applies to existing and proposed
hospitals/medical facilities in
designated areas
Allows public and private hospitals,
medical centers and supportive offices,
emerging medical facilities, healthcare
clinics, community centers, extended care
and nursing facilities, pharmacies, 24/7
centers (e.g., imaging, dialysis, etc.),
senior housing, daycare (adult, child,
specialized), Alzheimer’s care and living,
restaurants and juice bars, grocery stores,
other support retail, gyms and fitness
studios, recreation/trails, etc.
Allows a range of housing integrated into
the development.
Functions as a sustainability hub,
promoting active transportation, green
infrastructure, open space, electric vehicle
charging stations, edible landscaping,
composting, etc.
Requires an integrated development via a
planned unit development to use overlay.
Density: 20–30 du/ac
FAR: 2.0
(Note: Density and FAR may be
modified based on approval of an
implementing planned unit
development.)
Specific Plan
Specific Plan The Land Use Element provides for a
number of specific plans within the City.
The specific plans identify the location,
extent, and density of new development
and also indicate specific development
standards that are applicable.
All land uses, densities, other
regulations, and development
standards shall be those as set forth in
the adopted specific plan.
Notes: du = dwelling unit; FAR = floor area ratio
1 Denotes new land use designation.
2 Density, expressed as dwelling units per acre (du/ac), refers to the allowable residential density range for a stand-alone residential or the residential portion of a mixed-use project, not including any density bonus as allowed per California Government Code Sections 65915–65918 and the Victorville Zoning Code. Intensity, expressed as floor area ratio (FAR), refers to the Chapter 2: Project Description
Draft PEIR 2-8 September 2022
City of Victorville General Plan Update
maximum non-residential square footage allowed on a site including Mixed Use designations, unless otherwise approved by the applicable City reviewing authority.
3 Maximum allowable density may be reduced to 7 du/ac unless certain design/amenity benchmarks are met, pursuant to the Zoning Code.
A new High Density Residential land use designation was added to accommodate default density for affordable housing to implement the 6th Cycle Housing Element. The Land Use Element removes the existing Mixed Use-High Density land use designation and added two new Mixed - Use designations. The added designations would provide housing in proximity to resident serving uses and close to transit, provide greater flexibili ty in types of uses to be responsive to market change, encourage revitalization in underutilized areas of Victorville and would coordinate with the Housing Element to provide designations to accommodate Regional Housing Needs Allocation. In addition, the L and Use Element deletes the Office Professional designation and redesignates those properties to other designations. The Land Use Element also adds new land use categories such as the Greenway/Utility Corridor (GUC) and Health and Wellness Overlay (HWO). T he new GUC is along the City’s key public utility corridors to promote creation of continuous trails and multiple public access points. The new HWO is intended to promote health and wellness for all segments of the community. The HWO applies to existing and proposed hospitals/medical facilities , a llows a full range of medical uses and specialized care facilities , allows complementary uses such as restaurants, grocery stores, support retail, gyms/fitness studios, recreation/trails, allows a range of housin g integrated into the development , and f unctions as a sustainability hub, promoting active transportation, green infrastructure, open space, and electric vehicle charging stations.
As shown in Table 2 -2, Victorville General Plan Update Land Use Distributio n, the largest land use in the Planning Area would be residential, and the next largest would be commercial.
Table 2-2. Victorville General Plan Update Land Use Distribution Land Use Designations City of Victorville (acres) Sphere of Influence (acres) Residential
Very Low Density Residential 3,096.40 4,604.43
Low Density Residential 13,976.14 2,518.49
Low-Medium Density Residential 487.28 0
Medium Density Residential 1,902.74 12.49
Mixed Density Residential 106.07 0
High Density Residential 59.49 0
Mixed Use
Mixed Use 1 372.37 401.77
Mixed Use 2 1,063.43 160.04
Commercial
General Commercial 4,116.31 428.12
Chapter 2: Project Description
Draft PEIR 2-9 September 2022
City of Victorville General Plan Update
Table 2-2. Victorville General Plan Update Land Use Distribution Land Use Designations City of Victorville (acres) Sphere of Influence (acres) Industrial
Light Industrial 2,694.16 78.70
Heavy Industrial 1,144.56 0
Public/Institutional/Open Space
Public/Institutional 810.70 773.68
Open Space 2,789.13 10,076.16
Greenway/Utility Corridor 1,075.07 0
Specific Plan
Specific Plan 13,181.14 630.43
Total Acreage 46,874.92 19,684.31
Overlays
Low Density Residential Infill Overlay 15,439.85 0
Health and Wellness Overlay 289.20 0
2.4.1.2 Proposed Buildout
Buildout of land in the City and sphere of influence would result in approximately 73,808 dwelling units to house approximately 339,613 residents and would support 42,393,038 non-residential square feet. These parameters can be used to identify the anticipated levels of development allotted by the project throughout the Planning Area . Table 2 -3, Proposed Victorville General Plan Update Development Capacity, details the proposed densities of residential and intensity of non-residential development that would occur with implementation of the land use policies in the General Plan Update.
Table 2-3. Proposed Victorville General Plan Update Development Capacity Land Use
Designations
City of Victorville
(du)
Sphere of Influence
(du)
City of Victorville
(square feet)
Sphere of Influence
(square feet)
Residential1
Very Low Density
Residential
3,715 4,420 NA NA
Low Density
Residential2
8,387 4,534 NA NA
Low Density
Residential in Low
Density Residential
Infill Overlay
22,356 NA NA NA
Low-Medium Density
Residential
2,338 NA NA NA
Medium Density
Residential
10,657 52 NA NA
Mixed Density
Residential
700 NA NA NA
High Density
Residential
1,274 NA NA NA
Chapter 2: Project Description
Draft PEIR 2-10 September 2022
City of Victorville General Plan Update
Table 2-3. Proposed Victorville General Plan Update Development Capacity Land Use
Designations
City of Victorville
(du)
Sphere of Influence
(du)
City of Victorville
(square feet)
Sphere of Influence
(square feet)
Mixed Use3
Mixed Use 1 744 402 1,701,454 3,677,355
Mixed Use 2 5,315 320 4,167,385 313,632
Commercial
General Commercial NA NA 18,825,761 1,398,276
Industrial
Light Industrial NA NA 8,804,565 567,805
Heavy Industrial NA NA 6,733,287 NA
Public/Institutional/Open Space
Public/Institutional NA NA 529,907 252,866
Open Space NA 101 NA NA
Greenway/Utility
Corridor
NA NA NA NA
Specific Plan
Specific Plan 7,909 605 7,252,423 0
Total 63,395 10,413 36,183,124 6,209,914
Notes: du = dwelling unit
Buildout assumptions for 2045 are inferred from SCAG’s 2020 Final CONNECT SoCal Demographic and Growth Forecast (September 3, 2020)
1 Residential Land Use designations—realistic capacity factor: 80 percent assumed capacity (from Housing Element) 2 Average density is lower than the Low Density Residential Infill Overlay density range to account for existing low density residential that was developed at the lower density
3 Mixed Use Land Use designations—realistic capacity factor: 67 percent assumed capacity (from Housing Element) Table 2-4, Comparison of Existing General Plan and Proposed General Plan Update, compares the estimated level of residential and non -residential development and population for the City under the existing 2008 General Plan and Existing 202 2 Baseline conditions compared to the General Plan Update.
Table 2-4. Comparison of Existing General Plan and Proposed General Plan Update Location Number of Dwelling Units Total Population1
Non-Residential
Square Feet
Existing General Plan (2008 Buildout)
City of Victorville 84,746 266,102 17,730,215
Sphere of Influence 23,411 73,511 33,628,525
Existing Conditions (2022 Baseline)
City of Victorville 36,195 130,771 27,991,000
Sphere of Influence 5,137 6,922 596,000
Proposed General Plan Update2
City of Victorville 63,395 199,060 36,183,124
Sphere of Influence 10,413 32,801 6,209,914
Chapter 2: Project Description
Draft PEIR 2-11 September 2022
City of Victorville General Plan Update
Table 2-4. Comparison of Existing General Plan and Proposed General Plan Update Location Number of Dwelling Units Total Population1
Non-Residential
Square Feet
Net Change (2022 Baseline – Proposed General Plan Update) City of Victorville 27,200 68,289 8,192,124
Sphere of Influence 5,276 15,879 5,613,914
Notes:
1 Population estimates are inferred from SCAG's 2020 Final CONNECT SoCal Demographic and Growth Forecast (September 3, 2020). 2 The number of dwelling units is based on average density at buildout, not maximum density. 3 Average density is lower than the Low Density Residential Infill Overlay density range to account for existing low density residential that was developed at the lower density; Residential Land Use designations—realistic capacity factor: 80 percent assumed capacity (from Housing Element);Mixed Use Land Use designations—realistic capacity factor: 67 percent assumed capacity (from Housing Element).
2.4.2 Safety Element Update
The Safety Element Update would identify and, when possible, reduce the impact of natural and human-made hazards that may threaten the health, safety, and property of the residents living and working in the Planning Area. The Safety Element Update would emphasize hazard reduction through land use and development restrictions in susceptible areas, and promote accident prevention. The Safety Element Update would integrate public health and safety into development and planning policies to emphasize responses and to maintain optimal emergency preparedness, in accordance with recently adopted state laws.
2.4.3 Environmental Justice Element
The Environmental Justice Element would be prepared as a new chapter in the Victorville General Plan. Preparation of an Environmental Justice Element is req uired under Senate Bill 1000 for jurisdictions with disadvantaged communities . It will reflect the City’s commitment to reducing environmental burdens and ensuring all residents have the opportunity to access public goods and services that improve their qu ality of life. The Environmental Justice Element would focus on objectives and policies that aim to reduce pollution exposure; improve access to public facilities and services; improve access to healthy foods; promote access to physical activity and recreation; improve access to safe, sanitary and affordable housing ; reduce exposure to climate hazards; and improve civic engagement in the public decision-making process.
2.5 Intended Uses of the Environmental Impact Report and Discretionary Actions
This Program Environmental Impact Report (PEIR) is intended to provide information to public agencies, the public, and decision makers regarding potential environmental impacts related to implementation of the General Plan Update. The purpose of an EIR, under the provisions of CEQA, is “to identify the significant effects on the environment of a project, to identify alternatives Chapter 2: Project Description
Draft PEIR 2-12 September 2022
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to the project, and to indicate the manner in which those significant effects can be mitigated or avoided” (California Public Resources Code, Section 21002.1[a]).
According to Section 15168 of the CEQA Guidelines, a PEIR may be prepared on a series of actions that can be characterized as one large project, are related geographically, and can be considered logical parts in the chain of c ontemplated actions in connection with the issuance of rules, regulations, or plans. A PEIR allows for a more exhaustive consideration of effects and alternatives than would be practical in an EIR on separate individual action, and ensures consideration of cumulative impacts that might be missed on a case-by-case basis.
The project would require approval of several discretionary action s by the City and other responsible agencies, which are listed in Table 2-5, Discretionary Actions.
Table 2-5. Discretionary Actions
Discretionary Action Approving Agency
Certification of Final PEIR City of Victorville
Adoption of Mitigation Monitoring and Reporting Program City of Victorville Adoption of Findings of Fact City of Victorville
Adoption of Statement of Overriding Considerations City of Victorville Adoption of Land Use Element Update, Safety Element Update, and Environmental Justice Element
City of Victorville
Notes: PEIR = Program Environmental Impact Report
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GPLU Overlays
Low Density Residential Infill Overlay (up to 9 du/ac)
Health & Wellness Overlay (up to 30 du/ac)
GPLU
Very Low Density Residential (up to 2 ud/ac)
Low Density Residential (2.1-5 du/ac)
Low Medium Density Residential (6-12 du/ac)
Medium Density Residential (12.1-20 du/ac)
High Density Residential (20.1-30 du/ac)
Mixed Density Residential (1-15 du/ac)
Mixed-Use 1 (up to 15 du/ac)
Mixed-Use 2 (15.1-30 du/ac)
Commercial
Light Industrial
Heavy Industrial
Open Space
Greenway/Utility Corridor
Greenway/Utility Corridor PC
Public/Institutional
Specific Plan
Proposed Victorville General Plan Update Land Use Designations Source: Draw Tap GIS 2022. ESRI 2022.
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Chapter 3: Environmental Analysis
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Chapter 3 Environmental Analysis
Sections 3.1 through 3.6 in this chapter contain a discussion of the potential environmental effects from implementation of the proposed City of Victorville General Plan Update (project), including the current environmental setting, regulatory setting, method of analysis, thresholds of significance, impacts (including cumulative), and mitigation measures.
Scope of the Environmental Impacts Analysis
In accordance with Appendix G of the California Environmental Quality Act (CEQA) Guidelines, the potential environmental effects from the project are analyzed for the following environmental issue areas:
Air Quality
Biological Resources
Cultural Resources and Tribal Cultural Resources
Greenhouse Gas Emissions
Noise
Transportation
Format of the Environmental Impact Analysis
The following subsections compose each of the six environmental issue area sections in Sections
3.1 through 3.6 of this Program Environmental Impact Report (PEIR).
Existing Conditions
This subsection describes the current environmental setting of each environmental issue area .
According to Section 15125 of the CEQA Guidelines, an EIR must include a description of the existing physical environmental conditions in the project vicinity to provide the “baseline conditions” against which project-related impacts are compared. Normally, the baseline conditions are the physical conditions that exist when the Notice of Preparation (NOP) is published. The NOP for the project was published on October 21, 2021, and the baseline conditions contained in this PEIR are generally taken from this time period. However, the CEQA Guidelines and applicable case law recognize that the date for establishing an environmental baseline cannot always be rigid.
Physical environmental conditions may vary over a range of time periods; thus , the use of environmental baselines that differ from the publication date of the NOP is reasonable and appropriate when conducting the environmental analyses. Some sections rely on a variety of data to establish an applicable baseline. For example, in Sections 3. 1, Air Quality; 3. 2, Biological Resources; 3. 3, Cultural Resources and Tribal Cultural Resources ; and 3.6, Transportation, available data was months and sometimes several years old. Therefore, projections regarding how those conditions might have changed were incorporated into the PEIR sections and corresponding technical reports.
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Regulatory Framework
This subsection provides a summary of regulations, plans, policies , and laws that are relevant to each environmental issue area at the federal, state, regional, and local levels.
Thresholds of Significance
This subsection identifies the criteria used to determine whether potential environmental effects are significant. The thresholds of significance used in this analysis were primarily based on Appendix G of the CEQA Guidelines. However, in some cases, thresholds were devel oped specifically for this analysis or were adopted from standards adapted from other agencies or entities. This subsection defines the type, amount, and/or extent of impact that would be considered a significant, adverse change in the environment. The thr esholds of significance are intended to assist the reader in understanding how and why this PEIR reaches a conclusion that an impact is significant, potentially significant, or less than significant.
Impacts and Mitigation
This subsection describes the pot ential environmental impacts of the project and, based on the thresholds of significance , concludes if the environmental impacts would be significant, potentially significant, or less than significant or if no impact would occur. Each impact criterion is a ddressed in its own subsection. This format is designed to assist the reader in quickly identifying t he subject of each impact analysi s and for use in Table ES -3, Summary of Environmental Impacts and Mitigation Measures, which forms the basis of the Mitiga tion Monitoring and Reporting Program. For each impact criterion , applicable standards of significance are identified and potential impacts are discussed in the Impact Analysis subsection.
Mitigation measures are also included and discussed when applicable.
Impact Analysis. The analysis of environmental impacts considers both the construction and operational phases associated with implementation of the project. As required by Section 15126.2(a) of the CEQA Guidelines, direct, indirect, short -term, on-site, and/or off -site impacts are addressed for each project -specific development phase, as appropriate, for the environmental issue area being analyzed. This PEIR uses the following terms to describe the level of significance of impacts identified during the course of the environmental analysis:
Less than Significant: “Less than significant” refers to two conditions:
Impacts resulting from implementation of the project that are not likely to exceed the defined standards of significance.
Potentially sig nificant impacts resulting after implementation of mitigation measures. If implementation of the specified mitigation measures would reduce the potentially significant impact to a level that does not exceed the defined standards of significance, the impact is considered less than significant.
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Potentially Significant: “Potentially significant” refers to i mpacts resulting from implementation of the project that may exceed defined standards of significance before mitigation is considered.
Significant and Unavoidable: “Significant and unavoidable” refers to impacts resulting from implementation of the project that cannot be eliminated or reduced to below the defined standards of significance or a less than significant level through implementation of feasible mitigation measures.
A “significant effect” is defined by Section 15382 of the CEQA Guidelines as “a substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the project including land, air, wa ter, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance. An economic or social change by itself shall not be considered a significant effect on the environment . . . [but] may be considered in determining whether the physical change is significant.”
Significance of Impact. This subsection identifies the level of significance of project impacts before mitigation measures are implemented.
Mitigation Measures. Section 15126.4 of the CEQA Guidelines requires an EIR to “describe feasible measures which could minimize significant adverse impacts.” The CEQA Guidelines define “feasibility” as capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, social, technological, legal, or other considerations.
The Mitigation Measures subsection discusses mitigation measures that could reduce the severity of impacts identified in the Impact Analysis subsection.
Significance After Mitigation. This subsection identifies the level of significance of project impacts after mitigation measures are implemented.
Cumulative Impacts and Mitigation
CEQA requires that EIRs discuss cumulative impacts in addition to project impacts. In accordance with CEQA, the discussion of cumulative impacts must reflect the severity of the impacts and the likelihood of their occurrence; however, the discussion need not be as detailed as the discussion of environmental impacts attributable to th e project alone. Further, the discussion is guided by the standards of practicality and reasonableness. According to Section 15355 of the CEQA Guidelines, “cumulative impacts” are defined as follows:
Two or more individual effects which, when considered to gether, are considerable or which compound or increase other environmental impacts. (a) The individual effects may be changes resulting from a single project or a number of separate projects.
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(b) The cumulative impact from several projects is the change in the environment, which results from the incremental impact of the project when added to other closely related past, present, and reasonably foreseeable probable future projects. Cumulative impacts can result from individually minor but collectively significant projects taking place over a period of time.
Section 15130(a) of the CEQA Guidelines further states that a “cumulative impact consists of an impact which is created as a result of the combination of the project evaluated in the EIR together with other projects causing related impacts.”
In addition, Section 15130(a) of the CEQA Guidelines requires that EIRs discuss the cumulative impacts of a project when the project’s incremental effect is cumulatively considerable. Therefore, the discussion of cumulative impacts in an EIR evaluates whether the impacts of the project would be significant when considered in combination with past, present, and future reasonably foreseeable projects, and whether the project would make a cumulatively considerable contribution to those impacts. CEQA recognizes that the analysis of cumulative imp acts need not be as detailed as the analysis of project-related impacts but instead should “be guided by the standards of practicality and reasonableness” (CEQA Guidelines, Section 15130[b]). The CEQA Guidelines indicate that, where a lead agency is examining a project with an incremental effect that is not cumulatively considerable, it need not consider the effect significant but shall briefly describe the basis for its conclusion. As further clarified by Section 15065 of the CEQA Guidelines, “cumulatively considerable” means that the incremental effects of an individual project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects. The CEQA Guidelines allow for a project’s contribution to be rendered less than cumulatively considerable with implementation of mitigation.
The geographic scope of the cumulative impact analysis varies depending on the specific environmental issue area being analyzed. The geographic scope defines the geographic area within which projects may contribute to a specific cumulative impact. Therefore, past, present, and reasonably foreseeable future projects within the defined geographic area for a given cumulative issue must be considered.
CEQA Guidelines, Section 15130(b), presents the following two possible approaches for considering past, present, and reasonably foreseeable future projects and indicates that either could be used:
1. A list of past, present, and probable future pro jects producing related or cumulative impacts, including, if necessary, those projects outside the control of the agency
2. A summary of projections contained in an adopted local, regional, or statewide plan, or related planning document, that describes or evaluates conditions contributing to the cumulative effect
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The cumulative impacts analyses in this PEIR uses the Summary of Projections Approach . The proposed project consists of the Victorville General Plan Update. Consistent with Section 15130(b)(1)(B) of the CEQA Guidelines, this PEIR analyzes the environmental impacts of developments in accordance with buildout of the proposed General Plan Update. By its nature, a General Plan considers cumulative impacts insofar as it considers cumulative development tha t could occur within a city’s planning area over a defined time frame. Therefore, the impact analysis of a General Plan project constitutes the cumulative analysis. In addition to cumulative development in the City of Victorville (City or Victorville) , the analysis of traffic and related impacts (such as noise) considers the effects of regional traffic growth occurring outside the planning area. Potential cumulative impacts that have the potential for impacts beyond the City boundary (e.g., traffic, air qua lity, noise) have been addressed through cumulative growth in the City and region. Regional growth outside the City has accounted for traffic, air quality, and noise impacts. This model uses regional growth projections to calculate future traffic volumes. The growth projections adopted by the City and surrounding area are used for the cumulative impact analyses, which are discussed in individual sections.
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Section 3.1: Air Quality
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3.1 Air Quality
This section evaluates the potential for impacts to air quality resulting from implementation of the proposed City of Victorville General Plan Update (project). The analysis in this section is based on the California Emissions Estimator Model outputs (Appendix B) and the Transportation Impact Study (VMT Analysis) prepared by CR Associates (2022) (Appendix E).
3.1.1 Existing Conditions
Air quality is defined by the concentration of pollutants in relation to their impact on human health.
Concentrations of air pollutants are determined by the rate and location of air pollutant emissions released by pollution sources and the atmosphere’s ability to transport and dilute such emissions.
Natural factors that affect transport and dilution include terrain, wind, and sunlight. Therefore, ambient air quality conditions within the local air basin are influenced by such natural factors as topography, meteorology, and climate, in addition to the amount of air pollutant emissions released by existing air pollutant sources.
The City of Victorville (Victorville or City) is in the Mojave Desert Air Basin (Basin). The Basin includes the desert portions of Los Angeles and San Bernardino Counties, the eastern desert portion of Kern County, and the northeastern desert portion of Riverside County. The Basin is under the jurisdiction of Mojave Desert Air Quality Management District (MDAQMD).
3.1.1.1 Climate
Air quality in the Basin is a function of t he area’s natural physical characteristics (weather and topography), as well as human-made influences (development patterns and lifestyle). Factors such as wind, sunlight, temperature, humidity, rainfall, and topography all affect the accumulation and/or dispersion of air pollutants throughout the Basin.
Local meteorological conditions are greatly affected by the topography of the region. Wind direction is primarily from the west, west -southwest and southwest. A significant portion of the prevailing winds in the Victor Valley area is due to the phenomena known as the “orographic effect.” The air is forced over the mountain range and loses moisture as it rises. When it descends, it also compresses and heats up. The speed of the wind is aided by the “desert heat lows,” which routinely form over the eastern Mojave Desert area. Although a portion of Victor Valley's winds comes from the Los Angeles Basin via the canyons, the vast majority of the winds are a result of the orographic effect and the desert heat low-pressure systems.
Prevailing winds in the Basin are out of the west and southwest. These prevailing winds are due to the proximity of the Basin to coastal and central regions and the blocking nature of the Sierra Nevada Mountains to the north; air masses pushed onshore in Southern California by differential heating are channeled through the Basin. The Basin is separated from the Southern California Section 3.1: Air Quality
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coastal and central California Valley regions by mountains (highest elevation approximately 10,000 feet), whose passes form the main channels for these air masses.
During the summer a Pacific Subtropical High cell that sits off the coast generally influences the Basin, inhibiting cloud formation and encouraging daytime solar heating. Most desert moisture arrives from infrequent warm, moist, and unstable air masses from the south. The Basin averages between 3 and 7 inches of precipitation per year (from 16 to 30 days with at least 0.01 inches of precipitation). The Basin is classified as a dry-hot desert climate, with portions classified as dry - very hot desert, to indicate at least 3 months have maximum average temperatures over 100.4°F.
Criteria Air Pollutants
Individual air pollutants at certain concentrations may adversely affect human or animal health, reduce visibility, damage property, and reduce the productivity or vigor of crops and natural vegetation. The U.S. Environmental Protection Agency (USEPA) and California Air Resources Board (CARB) have identified six air pollutants of concern at nationwide and st atewide levels:
carbon monoxide (CO), nitrogen oxides (NO x), ozone (O 3), particulate matter ( particulate matter measuring no more than 10 microns in diameter [PM10] and particulate matter measuring no more than
2.5 microns in diameter [PM2.5]), sulfur dioxide (SO2), and lead.
The criteria air pollutants pertinent to this analysis are CO, NOx, O3, particulate matter (PM10 and PM2.5), and SO2. The following describes the health effects for each of these criteria air pollutants.
Carbon Monoxide
CO is a colorle ss, odorless, poisonous gas produced by combustion processes, primarily mobile sources. When CO gets into the body, it combines with chemicals in the blood and prevents blood from providing oxygen to cells, tissues, and organs. Because the body requires oxygen for energy, high-level exposure to CO can cause serious health effects, including death (USEPA 2016).
Nitrogen Oxides
NOx is a general term pertaining to compounds including nitric oxide (NO), nitrogen dioxide (NO2), and other oxides of nitrogen. NO x is produced from burning fuels, including gasoline, diesel, and coal. NOx reacts with reactive organic gases (ROGs) to form ground -level O3 (smog).
NOx is linked to a number of adverse respiratory systems effects (USEPA 2019a).
Ozone
Ground-level O 3 is not emitted directly into the air but is formed by chemical reactions of “precursor” pollutants (NO x and ROGs) in the presence of sunlight. Major emissions sources include NO x and ROG emissions from industrial facilities and electric utilities, motor vehicle exhaust, gasoline vapors, and chemical solvents. O 3 can trigger a variety of health problems, Section 3.1: Air Quality
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particularly for sensitive receptors, including children, older adults, and people of all ages who have lung diseases, such as asthma (USEPA 2021).
Particulate Matter
Particulate matter includes dust, metals, organic compounds, and other tiny particles of solid materials that are released into and move around the air. Particulates are produced by many sources, including the burning of diesel fuel by trucks and buse s, industrial processes, and fires.
Particulate pollution can cause nose and throat irritation and heart and lung problems. Particulate matter is measured in microns, which are 1 millionth of 1 meter in length (or 1 thousandth of 1 millimeter). PM10 is small (i.e., respirable) particulate matter measuring no more than 10 microns in diameter, while PM2.5 is fine particulate matter measuring no more than 2.5 microns in diameter (CARB 2021a).
Sulfur Dioxide
SO2 is formed primarily by the combustion of sulfur -containing fossil fuels, especially at power plants and industrial facilities. SO 2 is linked to a number of adverse effects on the respiratory system (USEPA 2019b).
Toxic Air Contaminants
Toxic air contaminants (TACs) are generated by a number of sources, including stationary sources such as dry cleaners, gas stations, combustion sources, and laboratories; mobile sources such as automobiles; and area sources such as landfills. The two primary emissions of con cern regarding health effects for land development projects are CO and diesel particulate matter (DPM). The health effects of CO are described previously. DPM is a mixture of many exhaust particles and gases that is produced when an engine burns diesel fue l. Compounds found in diesel exhaust are carcinogenic. Some short-term (acute) effects of diesel exhaust exposure include eye, nose, throat, and lung irritation and headaches and dizziness. Long-term exposure is linked to increased risk of cardiovascular, cardiopulmonary, and respiratory disease and lung cancer (OSHA 2013).
3.1.2 Existing Air Quality
The MDAQMD has jurisdiction over air quality issues and regulations within the City and sphere of influence. The MDAQMD monitors air quality at six monitoring stations throughout the Basin.
The closest air quality monitoring station to the proposed project is the Victorville – Park Avenue station located at 14306 Park Avenue in the Planning Area. This station monitors O3, PM10, PM2.5, and NO2. The most current 3 years of data monitored at this station are included in Table 3. 1-1, Ambient Air Quality Monitored at the Victorville – Park Avenue Monitoring Station.
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Table 3.1-1. Ambient Air Quality Monitored at the Victorville – Park Avenue Monitoring Station
Pollutant Standard 2019 2020 2021
O3
Maximum 1-hour concentration (ppm) 0.104 0.112 0.112
Number of days exceeded State: > 0.10 ppm 3 4 8
Maximum 8-hour concentration (ppm) 0.081 0.094 0.098
Number of days exceeded State: > 0.07 ppm* 34 38 35
Federal: > 0.07 ppm* 29 35 34
PM10
Maximum 24-hour concentration (µg/m3) 170 261.4 591.6
Number of days exceeded State: > 50 µg/m3 ND ND ND
Federal: > 150 µg/m3 2 2 1
Annual arithmetic average concentration (µg/m3) ND ND ND Exceeded for the year State: > 20 µg/m3 ND ND ND
PM2.5
Maximum 24-hour concentration (µg/m3) 17.8 48.4 87.1
Number of days exceeded Federal: > 35 µg/m3 0 4 1
Annual arithmetic average concentration (µg/m3) 7 9.7 10.2 Exceeded for the year State: > 12 µg/m3 No Yes Yes
Federal: > 15 µg/m3 No Yes Yes
NO2
Maximum 1-hour concentration (ppm) 0.056 0.059 0.056
Number of days exceeded State: > 0.18 ppm 0 0 0
Annual arithmetic average concentration (ppm) 0.011 0.012 0.012 Exceeded for the year State: > 0.030 ppm No No No
Federal: > 0.053 ppm No No No
Source: CARB 2022.
Notes: µg/m3 = micrograms per cubic meter; ND = no data; NO2 = nitrogen dioxide; O3 = ozone; PM2.5 = particulate matter smaller than or equal to 2.5 microns in diameter; PM10 = particulate matter smaller than or equal to 10 microns in diameter; ppm = parts per million State and national statistics may differ for the following reasons: National 8 -hour averages are truncated to three decimal places; state 8-hour averages are rounded to three decimal places. State criteria for ensuring that data are sufficiently complete for calculating 8 -hour averages are more stringent than the national criteria. Daily maximum 8 -hour averages associated with the National
0.070 ppm standard exclude those 8-hour averages that have first hours between midnight and 6:00 am, Pacific Standard Time. Daily maximum 8 -hour averages associated with the National 0.070 ppm standard include only those 8 -hour averages from days that have sufficient data for the day to be considered valid. As shown in Table 3.1-1, 1-hour O3 levels exceeded the state standards in 2019 through 2021 , while the 8 -hour O3 levels exceeded both federal and state standards. PM 10 Section 3.1: Air Quality
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levels exceeded federal standards in all 3 years, while NO 2 levels did not exceed either standard.
PM2.5 levels exceeded the state and federal standard in 2020 and 2021.
Existing emissions for the Planning Area were estimated using CalEEMod (Version 2020.4.0) and data obtained from the Transportation Impact Study (Appendix E) prepared for the project. Table
3.1-2, Existing Planning Area Emissions, summarizes existing daily criteria pollutant emissions in the Planning Area.
Table 3.1-2. Existing Planning Area Emissions
Emissions Source
Pollutant (lbs/day)
NOx ROG CO SOx PM10 PM2.5
Area 49,356 977 62,708 108 8,333 8,333
Energy 42 365 192 2 29 29
Mobile 2,589 2,691 18,276 37 32 1,036
Total existing emissions 51,987 4,033 81,176 147 8,394 9,398 Source: Appendix B.
Notes: CO = carbon monoxide; NOx = nitrogen oxides; PM2.5 = particulate matter smaller than or equal to 2.5 microns in diameter; PM10 = particulate matter smaller than or equal to 10 microns in diameter; ROG = reactive organic gas; SOx = sulfur oxides
3.1.3 Regulatory Framework
This section describes the federal, state, and local regulatory framework adopted to address air quality.
3.1.3.1 Federal
Clean Air Act
The Clean Air Act (CAA) of 1970 is the comprehensive federal law that regulates air emissions from stationary and mobile sources. The CAA authorizes the USEPA to establish National Ambient Air Quality Standards (NAAQS) to protect public health and public welfare and to regulate emissions of hazardous air pollutants. Current NAAQS are listed in Table 3.1-3, National and California Ambient Air Quality Standards. The primary standards listed below have been set at levels intended to protect public health. The USEPA has classified air basins (or portions thereof) as being in “attainment,” in “non -attainment,” or “unclassified” for each criteria a ir pollutant based on whether the NAAQS have been achieved. If an area is designated unclassified, it is because inadequate air quality data were available as a basis for a non-attainment or attainment designation. The USEPA classifies the Mojave Desert Air Basin as in attainment for the federal PM2.5, 1-hour O3, CO, NO2, lead, and SO2 standards. It is classified as in non-attainment for PM10, and 8-hour O3 with respect to federal air quality standards. Table 3.1-4, Mojave Desert Air Basin Attainment Status, lists the attainment status of the Mojave Desert Air Basin for criteria pollutants.
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Table 3.1-3. National and California Ambient Air Quality Standards Pollutant Averaging Time
California Standards1 Federal Standards2
Concentration3 Primary3, 4 Secondary3, 5
O36
1-Hour 0.09 ppm (180 μg/m3) — Same as Primary
Standards 8-Hour 0.070 ppm (137 μg/m3) 0.070 ppm
(137 μg/m3)
PM107
24-Hour 50 μg/m3 150 μg/m3 Same as Primary
Standards Annual Arithmetic
Mean 20 μg/m3 —
PM2.57
24-Hour — 35 μg/m3 Same as Primary
Standards
Annual Arithmetic
Mean 12 μg/m3 12 μg/m3 15 μg/m3
CO
8-Hour 9 ppm (10 mg/m3) 9 ppm (10 mg/m3)
None 1-Hour 20 ppm (23 mg/m3) 35 ppm (40 mg/m3)
NO2 8
Annual Arithmetic
Mean 0.030 ppm (57 μg/m3) 0.053 ppm (100
μg/m3) Same as Primary
Standard 1-Hour 0.18 ppm (470 mg/m3) 100 ppb (188 μg/m3) SO29
Annual Arithmetic
Mean — 0.030 ppm
(for certain areas)
—
24-Hour 0.04 ppm (105 μg/m3) 0.14 ppm
(for certain areas)
—
3-Hour — — 0.5 ppm (1,300 μg/m3)
1-Hour 0.25 ppm (655 μg/m3) 75 ppb (196 μg/m3) —
Lead10, 11
30-Day Average 1.5 μg/m3 — —
Calendar Quarter — 1.5 μg/m3
(for certain areas) Same as Primary
Standard Rolling 3-Month
Average7 — 0.15 μg/m3
Visibility-Reducing
Particles12 8-Hour See Footnote 12. No Federal Standards Sulfates 24-Hour 25 μg/m3 No Federal Standards
H2S 1-Hour 0.03 ppm (42 μg/m3) No Federal Standards
Vinyl Chloride10 24-Hour 0.01 ppm (26 μg/m3) No Federal Standards Source: CARB 2021b.
Notes: μg/m3 = micrograms per cubic meter; CO = carbon monoxide; H2S = hydrogen sulfide; mg/m3 = milligrams per cubic meter; NO2 = nitrogen dioxide; O3 = ozone; PM2.5 = particulate matter measuring no more than 2.5 microns in diameter; PM10 = particulate matter measuring no more than 10 microns in diameter; ppb = parts per billion; ppm = parts per million; SO 2 = sulfur dioxide 1 California standards for O3, CO, SO2 (1-hour and 24-hour), NO2, PM10, PM2.5, and visibility-reducing particles are values that are not to be exceeded. The standards for sulfates, lead, H2S, and vinyl chloride standards are not to be equaled or exceeded. California Ambient Air Quality Standards (CAAQS) are listed in the Table of Standards in Section 70200 of Title 17 of the California Code of Regulations. 2 National standards (other than O 3, particulate matter, and those based on annual averages) are not to be exceeded more than once per year. The O3 standard is attained when the fourth highest 8-hour concentration measured at each site in 1 year, averaged over 3 years, is equal to or less than the standard. For PM10, the 24-hour standard is attained when the expected number of days per calendar year with a 24-hour average concentration above 150 µg/m3 is equal to or less than 1. For PM2.5, the 24-hour standard is attained when 98 percent of the daily concentrations, averaged over 3 years, are equal to or less than the standard. Contact the USEPA for further clarification and current national policies.
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3 Concentration expressed first in units in which it was promulgated. Equivalent units given in parenthesis are based on a reference temperature of 25 degrees Celsius (C) and a reference pressure of 760 torr. Most measurements of air quality are to be corrected to a reference temperature of 25C and a reference pressure of 760 torr; ppm in this table refers to ppm by volume, or micromoles of pollutant per mole of gas.
4 National Primary Standards: The levels of air quality necessary with an adequate margin of safety to protect the public health. 5 National Secondary Standards: The levels of air quality necessary to protect the public welfare from any known or anticipated adverse effects of a pollutant.
6 On October 1, 2015, the national 8-hour O3 primary and secondary standards were lowered from 0.075 to 0.070 ppm. 7 On December 14, 2012, the national annual PM 2.5 primary standard was lowered from 15 μg/m3 to 12 μg/m3. The existing national 24-hour PM2.5 standards (primary and secondary) were retained at 35 μg/m 3, as was the annual secondary standard of 15 μg/m 3.
The existing 24-hour PM10 standards (primary and secondary) of 150 μg/m3 also were retained. The form of the annual primary and secondary standards is the annual mean averaged over 3 years. 8 To attain the 1-hour national standard, the 3-year average of the annual 98th percentile of the 1-hour daily maximum concentrations at each site must not exceed 100 ppb. Note that the national 1-hour standard is in units of ppb. California standards are in units of ppm. To directly compare the national 1-hour standard to the California standards, the units can be converted from ppb to ppm. In this case, the national standard of 100 ppb is identical to 0.100 ppm.
Table 3.1-4. Mojave Desert Air Basin Attainment Status
Pollutant California Standards Federal Standards
O3 (1-Hour) Non-Attainment No Federal Standard
O3 (8-Hour) Non-Attainment Non-Attainment
PM10 Non-Attainment Non-Attainment
PM2.5 Attainment Attainment
CO Attainment Unclassifiable/Attainment
NO2 Attainment Unclassifiable/Attainment
Lead Attainment Unclassifiable/Attainment
SO2 Attainment/Unclassified Unclassifiable/Attainment
Source: CARB 2022.
Notes: CO = carbon monoxide; NO2 = nitrogen dioxide; O3 = ozone; PM2.5 = particulate matter smaller than or equal to 2.5 microns in diameter; PM10 = particulate matter smaller than or equal to 10 microns in diameter; SO 2 = sulfur dioxide The CAA requires states to develop a plan to attain and maintain the NAAQS in all areas of the country and a specific plan to attain the standards for each area designated non -attainment for NAAQS. These plans, known as State Implementation Plans (SIPs), are developed by state and local air quality management agencies and submitted to the USEPA for approval. A SIP includes strategies and control measures to attain the NAAQS by deadlines established by the CAA. A SIP is periodically modified to reflect the latest emissions inventories, plans, and rules and regulations of air basins as reported by the agencies with jurisdiction over them.
3.1.3.2 State
Air Quality and Land Use Handbook: A Community Health Perspective CARB has developed an Air Quality and Land Use Handbook: A Community Health Perspective (Air Quality and Land Use Handbook) to provide guidance on land use compatibility with sources of TACs (CARB 2005). These sources include freeways and high -traffic roads, commercial distribution centers, rail yards, refineries, dry cleaners, gas stations, and industrial facilities. The Air Quality and Land Use Handbook is not a law or adopted policy but offers advisory Section 3.1: Air Quality
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recommendations for siting sensitive receptors near uses associated with TACs. The Air Quality and Land Use Handbook indicates that land use agencies have to balance other considerations, including housing and transportation need s, economic development priorities, and other quality - of-life issues.
California Ambient Air Quality Standards
CARB administers the air quality policy in California. The California Ambient Air Quality Standards (CAAQS) were established in 1969 pursuant to the Mulford -Carrell Act. These standards, included with the NAAQS, are generally more stringent and apply to more pollutants than the NAAQS. In addition to the criteria pollutants, CAAQS have been established for visibility-reducing particulates, hydrogen sulfide, and sulfates. The California Clean Air Act (CCAA), which was approved in 1988, requires that each local air district prepare and maintain an Air Quality Management Plan (AQMP) to achieve compliance with CAAQS . The C AAQS are listed in the Table of Standards in Section 70200 of Title 17 of the California Code of Regulations and provided in Table 3. 1-3. As shown in Table 3. 1-4, the Basin is in non -attainment with the CAAQS for O 3 and PM10. The Basin is designated as an attainment area for the state for PM 2.5, CO, NO, SO2, and lead standards.
Toxic Air Contaminant Regulations
California regulates TACs primarily through the Toxic Air Contaminant Identification and Control Act (Assembly Bill 1807) (Tanner Act) and the Air Toxics “Hot Spots” Information and Assessment Act (Assembly Bill 2588) (Hot Spots Act). The Tanner Act sets forth a formal procedure for CARB to designate substances as TACs. This includes research, public participation, and scientific peer review before C ARB designates a substance as a TAC. The Hot Spots Act requires existing facilities that emit toxic substances above specified levels to (1) prepare a toxic emissions inventory, (2) prepare a risk assessment if emissions are significant (i.e., 10 tons per year or on the air district’s Hot Spots Risk Assessment List), (3) notify the public of significant risk levels, and (4) prepare and implement risk reduction measures.
3.1.3.3 Regional
Mojave Desert Air Quality Management District
The MDAQMD is responsible for ado pting rules, setting policies , and providing direction on important air quality issues that affect the Mojave Desert and its following jurisdictional boundaries.
The following MDAQMD rules potentially apply to development under the proposed project:
Regulation IV (Prohibitions)
Regulation IX (Standards of Performance for New Stationary Sources) Regulation XI (Source Specific Standards)
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Regulation XIII (New Source Review)
Regulation XV (Emissions Standards for Specific Toxic Air Contaminants) On April 15, 2004, the USEPA designated the Western Mojave Desert non-attainment area as non- attainment for the 8 -hour ozone NAAQS pursuant to the provisions of the FCAA. The Western Mojave Desert Ozone Non -Attainment Area (WMDONA) includes part of the San Bernardino County, a portion of the MDAQMD, as well as the Antelope Valley portion of Los Angeles County. As a result, the MDAQMD prepared its Ozone Attainment Plan in June 2008 to:
1. Demonstrate that the MDAQMD will meet the primary required Federal ozone planning milestones, attainment of the 8 -hour ozone NAAQS by 2019 (revised from June 2021).
2. Present the progress the MDAQMD will make towards meeting all required ozone planning milestones.
3. Discuss the newest 0.075 part per million 8 -hour ozone NAAQS, prep aratory to an expected non-attainment designation for the new NAAQS.
In addition, MDAQMD has developed CEQA and Federal Conformity Guidelines, which includes significance thresholds for criteria pollutants.
Southern California Association of Governments 2020–2045 Regional Transportation Plan/Sustainable Communities Strategy
The Southern California Association of Governments (SCAG) has adopted the 2020 Connect SoCal (2020–2045 Regional Transportation Plan/Sustainable Communities Strategy [2020 –2045 RTP/SCS]) and is currently preparing a 2024 update. The 2020 –2045 RTP/SCS is a long -range visioning plan for the counties of Imperial, Los Angeles, Orange, Riverside, San Bernardino and Ventura. The plan builds upon and expands land use and transportation strategies established over several planning cycles to increase mobility options and achieve a more sustainable growth pattern.
The 2024 Connect SoCal plan will continue to build on these efforts to achieve regional emissions standards. Key components of the plan i nclude encouraging active transportation, increasing transit access, transportation and demand management, and prioritizing infill and redevelopment to accommodate growth.
Victorville General Plan 2030
City policies and implementation measures pertaining to air quality are contained in the Resource Element of the City of Victorville General Plan (General Plan). These policies and implementation measures include the following:
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Resource Element
Resource Element Goal 6: Promote clear air with low pollutant concentrations that do not adversely affect respiratory health.
Objective 6.1: Contribute to regional air quality plan attainment Policy 6.1.1: Encourage planning and development activities, that reduce the number and length of single occupant automobile trips
o Implementation Measure 6.1.1.1: Require large projects (exceeding 150,000 square feet of development) to incorporate Transportation Demand Management (TDM) techniques, such as promoting carpooling and transit, as a condition of project approval.
o Implementation Measure 6.1.1.2: Require dust abatement actions for all new construction and redevelopment projects.
o Implementation Measure 6.1.1.3: Maintain parking standards that encourage and facilitate alternative transportation modes, including reduced parking standards for transit-oriented developments, mixed-use developments, and preferential parking for carpoolers.
o Implementation Measure 6.1.1.4: Replace existing gasoline powered City vehicles and equipment with clean fuels and vehicles and equipment. Objective 6.2: Reduce health risks associated with air pollution Policy 6.2.1: Encourage compliance with the California Air Resources Board (CARB) “Air Quality and Land Use Handbook: A Community Health Perspective,” which provides guidelines for siting n ew sensitive land uses in proximity to air pollutant emitting sources.
o Implementation Measure 6.2.1.1: Avoid siting new sensitive land uses within 500 feet of a freeway, urban roads with 100,000 vehicles/day, or rural roads with 50,000 vehicles/day.
o Implementation Measure 6.2.1.2: Avoid siting new sensitive land uses within 1,000 feet of a distribution center (that accommodates more than 100 trucks per day, more than 40 trucks with operating transport refrigeration units [TRUs] per day, or where TRU operati ons exceed 300 hours per week).
o Implementation Measure 6.2.1.3: Avoid siting new sensitive land uses within 1,000 feet of major service and maintenance rail yard. o Implementation Measure 6.2.1.4: Avoid siting new sensitive land uses within 300 feet of any dry-cleaning operation. For operations with two or more machines, provide 500 feet. For operations with three or more machines, consult with the Mojave Desert Air District prior to placement.
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o Implementation Measure 6.2.1.5: Avoid siting new sensitive land u ses within 300 feet of a large gas station (defined as a facility with a throughput of 3.6 million gallons per year or greater). A 50 -foot separation is recommended for typical gas dispensing facilities.
3.1.4 Thresholds of Significance
According to Appendix G o f the CEQA Guidelines, the project would have a significant impact on air quality if it would:
Threshold 1: Conflict with or obstruct implementation of the applicable air quality plan. Threshold 2: 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.
Threshold 3: Expose sensitive receptors to substantial pollutant concentrations . Threshold 4: Result in other emissions (su ch as those leading to odors) adversely affecting a substantial number of people.
3.1.5 Impacts and Mitigation
The following sections address various potential impacts relating to air quality that could result from implementation of the project.
3.1.5.1 Threshold 1: Consistency with Applicable Air Quality Plan Impact Analysis
A SIP is a document that sets forth the state’s strategies for achieving the NAAQS. CARB is the lead agency for the preparation of the SIP outlining measures required to achieve the NAAQS. CARB delegates the responsibility of preparing SIP elements to local air districts and requires local air districts to prepare Air Quality Attainment Plans outlining measures required to achieve the CAAQS.
The MDAQMD is the air district responsible for the Planning Area. The applicable air quality planning documents for the Basin are as follows:
MDAQMD SIP Table – State Implementation Plan (SIP) History of MDAQMD Rules MDAQMD 2006 8hr Ozone RACT SIP Analysis
MDAQMD 2014 Supplement to the 2006 8hr Ozone RACT SIP Analysis MDAQMD 2015 8-Hour RACT SIP Analysis
70 ppb Ozone Standard Implementation Evaluation: RACT SIP Analysis; FNDs; and Emission Statement Certification (2019)
MDAQMD 2017 Federal 75 ppb Ozone Attainment Plan (Western Mojave Desert Nonattainment Area)
Section 3.1: Air Quality
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MDAQMD 2008 Federal 8 -Hour Ozone Attainment Plan (Western Mojave Desert Nonattainment Area)
MDAQMD 2004 Ozone Attainment Plan (State and Federal) The primary concern for assessing consistency with the MDAQMD attainment plans is whether the project would induce growth that would result in a net increase in criteria pollutant emissions that exceeds the assumptions used to develop the plans. The basis for the MDAQMD attainment plans are the population growth and regional VMT projections, which are based in part on the land uses established by local General Plans. As such, projects that propose development that is consistent with the local land use plans would be consistent with growth projections and MDAQMD attainment plans emissions estimates. In the event tha t a project would result in development that is equal to or less dense than anticipated by the growth projections, the project would be considered consistent with the MDAQMD attainment plans. In the event that a project would result in development that results in greater than anticipated growth projections, the project would result in air emissions that may not have been accounted for in the MDAQMD attainment plans and, thus, may obstruct or conflict with the MDAQMD attainment plans.
The MDAQMD attainment plans are based on projections for residential, commercial, industrial, and open space land uses in the existing Victorville General Plan. Implementation of the General Plan Update would result in less growth at buildout than the existing Victorville Genera l Plan buildout. Table 2-4, Comparison of Existing General Plan and Proposed General Plan Update , in Chapter 2, Project Description, provides a comparison of growth under the existing Victorville General Plan and the proposed General Plan Update. In addition, the General Plan Update would be the land use framework for anticipated future population growth and housing demand. The development pattern proposed under the General Plan Update does not induce growth, but would direct projected future growth to areas where existing or planned infrastructure and services can support growth in or adjacent to the existing communities. The proposed update to the Victorville General Plan Land Use Element would include policies that encourage infill development and controlled growth within the City boundaries and Sphere of Influence by directing focused change consistent with Smart Growth principles. As demonstrated in the Transportation Impact Study, the General Plan Update would decrease the regional and City of Vic torville VMT per service population compared to implementation of the current General Plan.
In addition, the General Plan Update includes the creation of a new Environmental Justice Element. This element would address issues related to the City’s growth th rough the adoption of goals and policies that focus on reducing the health risk of disadvantaged communities, such as reducing pollution exposure and improving air quality in the region. Specific policies proposed as a part of the new Environmental Justice Element with the goal of reducing air emissions include the following:
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Policy EJ-A.1: Create land use patterns that encourage people to walk, bicycle, or use public transit to reduce emissions from mobile sources. Policy EJ -B.1: Partner with the MDAQMD and California Department of Transportation to establish a mitigation program, such as a roadside vegetation barrier program, to reduce the impacts of pollution for homes in the eastern portion of the City near Interstate 15.
Policy EJ -B.2: Require setbacks and vegetative barriers within City rights -of-way between new industrial developments and sensitive land uses, such as residential areas in the City.
Policy EJ-B.3: Improve tree canopy and promote green infrastructure development in disadvantaged communities.
Future development under the General Plan Update would be required to comply with these goals and policies. Compared to the existing Victorville General Plan, the General Plan Update would have slightly less development capacity regarding residential, commercial, industrial, and open space land uses , and would reduce VMT per service population . Therefore, the General Plan Update would not conflict with or obstruct implementation of the MDAQMD attainment plans, and impacts would be less than significant.
Significance of Impact
Implementation of the General Plan Update would result in a less than significant impact and would not conflict with or obstruct implementation of the MDAQMD attainment plans.
Mitigation Measures
No mitigation measures are required.
Significance After Mitigation
Impacts are less than significant, and mitigation measures are not required.
3.1.5.2 Threshold 2: Cumulative Increase in Criteria Pollutant Impact Analysis
The MDAQMD significance thresholds are used in this analysis to determine the project’s impact on air quality. The MDAQMD identifies quantitative thresholds for criteria pollutants as listed in Table 3. 1-5, MDAQMD Significance Thresholds . These thresholds are used to determine the significance of air quality impacts from construction and operation, discussed separately below.
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Table 3.1-5. MDAQMD Significance Thresholds
Criteria Pollutant Threshold (lbs/day)
VOC 137
NOx 137
CO 548
SOx 137
PM10 82
PM2.5 65
Construction
Construction activities produce combustion emissions from various sources (e.g., site preparation, grading, utilities construction, surface improvements, and motor vehicles transporting the construction crew). Construction activities from future growth under the General Plan Update would result in temporary increases in air pollutant emissions. These emissions would include fugitive dust from earth disturbance during site grading and exhaust emissions from operation of heavy equipment and vehicles during construction. Paving activities would emit VOCs during off-gassing.
However, it is currently unknown what specific construction would occur under the General Plan Update and the timeline for these construction activities. Because no specific development projects are proposed at this time, quantification of construction emissions would be speculative. Future construction under the General Plan Update would be required to comply with the standard measures for construction adopted by the MDAQMD in the MDAQMD Rule Book, specifically those under Regulation IV. These include implementing all required MDAQMD dust control techniques (i.e., daily watering), limitations on construction hours, and adhere to MDAQMD Rule 403 (which requires watering of in active and perimeter areas, track out requirements, etc.), to reduce PM 10 and PM 2.5 concentrations. Future projects would be required to implement MDAQMD Rule 1113 that requires VOC content of paints not exceeding 50 grams per liter.
Further, the future projects would comply with the General Plan Policy Implementation Measure
6.1.2, which requires dust abatement actions for all new construction and redevelopment projects.
Standard measures would reduce particulate matter emissions from dust and VOC emissions from coatings, it cannot be guaranteed that emissions from these sources combined with operation of heavy equipment during future construction would be below the MDAQMD thresholds. Therefore, implementation of the General Plan Update would result in poten tially significant increases in criteria pollutant emissions from construction activities.
Operation
Long-term air pollutant emissions impacts are those associated with stationary sources and mobile sources involving any project-related changes. Stationary sources of emissions include the use of Section 3.1: Air Quality
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architectural coatings, consumer products, landscape equipment, and energy use. Area sources of air pollutant emissions associated with future development under the General Plan Update include fuel combustion emissi ons from space and water heating, fuel combustion emissions from landscape maintenance equipment, ROG emissions from periodic repainting of interior and exterior surfaces, and natural gas use. Increased volumes of vehicles also contribute to regional emissions of criteria pollutants.
Table 3. 1-6, Net Change in Project Operational Emissions, provides calculated operational emissions for project buildout. Emissions are compared to existing operational emissions to calculate the net change in maximum daily emissions.
Table 3.1-6. Net Change in Project Operational Emissions
Source
Air Pollutant Emissions (lbs/day)
VOC NOx CO SOx PM10 PM2.5
Area 53,761 1,111 71,697 128 9,380 9,380
Energy 69 597 324 4 47 47
Mobile 2,649 2,773 21,115 45 5,966 1,609
Total Daily Buildout
Emissions
56,479 4,481 93,136 177 15,393 11,036
Existing Emissions 51,987 4,033 81,176 147 8,394 9,398
Net Change in
Operational Emissions +4,492 +448 +11,960 +30 +6,999 +1,638 MDAQMD Thresholds 137 137 548 137 82 65
Significant? Yes Yes Yes No Yes Yes
Source: Appendix B.
Notes: CO = carbon monoxide; MDAQMD = Mojave Desert Air Quality Management District; NOx = nitrogen oxides; PM2.5 = particulate matter measuring no more than 2.5 microns in diameter; PM10 = particulate matter measuring no more than 10 microns in diameter; ROG = reactive organic gas; SOx = sulfur oxides
As shown in Table 3. 1-6, net operational emissions associated with buildout of the General Plan Update would exceed the applicable MDAQMD thresholds for VOC, NOx, CO, PM10, and PM2.5.
Future projects implemented under the General Plan Update would be required to comply with the MDAQMD rules for project operation including those for new stationary source review (Regulation IX and Regulation XIII). However, these regulations are limited to stationary sources.
Criteria pollutant emissions from future projects under the General Plan Update have the potential to exceed the MDAQMD thresholds from vehicle trips, area sources, and natural gas use .
Therefore, implementation of the General Plan Update would result in potentially significant increases in criteria pollutant emissions from project operation.
Significance of Impact
Implementation of the General Plan Update would have the potential to result in significant increases in criteria pollutant emissions during construction and operation.
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Mitigation Measures
The proposed General Plan Update would result in temporary increases in criteria pollutants from construction activities and a permanent increas e in VOCs, NOx, PM10, PM 2.5, and CO criteria pollutant emissions from project operation that would potentially exceed the MDAQMD thresholds.
Mitigation Measure AIR-1 would be implemented to reduce impacts related to construction and operation emissions by requiring future projects demonstrate compliance with the MDAQMD significance thresholds and implement emissions reduction measures where feasible.
AIR-1: Site-Specific Air Quality Analysis. Before the issuance of a grading or construction permit and in conjunction with any required California Environmental Quality Act (CEQA) review, the project applicant shall submit to the City of Victorville Planning and Building Departments documentation that the project is consistent with the MDAQMD significance thresholds contained in the MDAQMD CEQA and Federal Conformity Guidelines . A project-specific Air Quality Analysis quantifying the potential air emissions of project construction shall be prepared by a qualified air quality professional. This Air Quality Analysis shall demonstrate that criteria pollutant emissions are below the MDAQMD significance thresholds outlined in the MDAQMD CEQA and Federal Conformity Guidelines (2020). If the Air Quality Analysis cannot demonstrate that the project is below the MDAQMD significance thresholds before mitigation, project applicant shall provide documentation to the City detailing the measures that would be implemented and that mitigated emissions would be below MDAQMD significance thresholds.
Significance After Mitigation
Implementation of Mitigation Measure AIR-1 would reduce criteria pollutant emissions from future construction activities and operation by requiring future development to demonstrate compliance with the MDAQMD significance thresholds and to implement emissions reduction measures, where feasible. However, it cannot be guaranteed that site -specific analysis and associa ted reduction measures would fully reduce construction and operational impacts. Therefore, temporary increases in criteria pollutant emissions associated with construction and permanent increases in criteria pollutant emissions from project operation would be significant and unavoidable.
3.1.5.3 Threshold 3: Sensitive Receptors
Impact Analysis
MDAQMD defines sensitive receptors as residences, schools, daycare centers, playgrounds , and medical facilities. According to the MDAQMD, t he following project types proposed for sites within the specified distance to an existing or planned (zoned) sensitive receptor land use must be evaluated: any industrial project within 1,000 feet; a distribution center (40 or more trucks per day) within 1,000 feet; a major transportation project within 1,000 feet; a dry cleaner using Section 3.1: Air Quality
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perchloroethylene within 500 feet; and a gasoline dispensing facility within 300 feet . The two primary emissions of concern regarding health effects for land development proj ects are CO hotspots and TACs. These pollutants are addressed separately below.
Carbon Monoxide Hotspots
Areas with high vehicle density, such as congested intersections and parking garages, have the potential to create high concentrations of CO, known as “CO hot spots.” Localized CO concentration is a direct function of motor vehicle activity at signalized intersections (e.g., idling time and traffic flow conditions), particularly during peak commute hours and meteorological conditions. Under specific meteo rological conditions (e.g., stable conditions that result in poor dispersion), CO concentrations may reach unhealthy levels with respect to local sensitive land uses. CO hotspots due to traffic were previously a concern at signalized intersections that operate at a level of service (LOS) E or below. However, emissions from motor vehicles, the largest source of CO emissions, have been declining since 1985 despite increases in VMT due to the introduction of new automotive emission controls and fleet turnover. Under existing and future vehicle emission rates, a project would have to increase traffic volumes at a single intersection by more than 44,000 vehicles per hour —or 24,000 vehicles per hour where vertical and/or horizontal air does not mix— to generate a significant CO impact (County of San Bernardino 2019). Because this volume at a single intersection in a single hour is not possible, no CO hotspots have been reported in the Basin even at the most congested intersections (County of San Bernardino 2019).
Therefore, implementation of the General Plan Update would not substantially increase the risk of CO hotspots at intersections in the vicinity of sensitive receptors in the City, and impacts would be less than significant.
Toxic Air Contaminants
Construction
The greatest potential for TAC emissions during project construction activities would be related to emissions of DPM associated with heavy equipment operations during construction activities such as site preparation, grading, and utilities installation. Construction-related activities would result in short -term emissions of DPM from off -road, heavy -duty diesel equipment exhaust.
However, specific future construction activities under the General Plan Update are currently unknown. Construction activities wo uld be spread throughout the City and generally would not take place in a singular location or at the same time.
Generation of DPM from construction projects typically occurs in a single area for a short period of time. Health risks are generally evaluated over a 30 -year exposure period. The duration of construction activities near any specific sensitive receptor would be temporary and short term.
Additionally, with ongoing implementation of USEPA and CARB requirements for cleaner fuels, off-road diesel engine retrofits, and new, low-emission diesel engine types, the DPM emissions of Section 3.1: Air Quality
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individual equipment would be substantially reduced over the years as construction of projects consistent with the General Plan Update continues. Impacts associated with tempora ry DPM emissions would be less than significant.
Operation
MDAQMD lists several potential sources of substantial DPM emissions that currently exist or may be developed under the General Plan Update and required screening distances . The following project types proposed for sites within the specified distance to an existing or planned (zoned) sensitive receptor land use must be evaluated: any industrial project within 1,000 feet; a distribution center (40 or more trucks per day) within 1 ,000 feet; a major transportation project within 1,000 feet; a dry cleaner using perchloroethylene within 500 feet; and a gasoline dispensing facility within 300 feet.
The General Plan Update would accommodate new sources of other TACs, such as industrial land uses, and may accommodate new sensitive receptors in areas with existing sources of TACs. TACs from industrial uses vary between individual operations but generally include metals, solvents, dioxin, benzene, or formaldehyde. Sources of other TACs currently found in the Planning Area or that may be accommodated by the General Plan Update include dry-cleaning facilities, distribution centers, gas stations, automotive repair shops, medical facilities, medical and other laboratory research and development operations.
In 2004, CARB adopted an Airborne Toxic Control Measure to limit heavy -duty diesel motor vehicle idling to reduce public exposure to DPM and other TACs and their pollutants. The measure applies to diesel-fueled commercial vehicles with gross vehicle weight ratings greater than 10,000 pounds that are licensed to operate on highways, regardless of where they are registered. The measure does not allow diesel-fueled commercial vehicles to idle for more than 5 minutes at any given time. Potential localized air toxic impacts from on -site sources of DPM would be minimal because heavy-duty trucks would take multiple routes throughout the City, and the trucks that would frequent the area would not idle for extended periods of time.
TAC emissions are subje ct to new source review and regulated by the MDAQMD under Regulation IX Standards of Performance for New Stationary Sources, and Regulation XIII, New Source Review. Because specific project details, including location and use, are not currently known at this time, there is a potential for future facilities to expose sensitive receptors to TACs and for new sensitive receptors to be sited within the screening-level distance of a source of TACs.
This impact is potentially significant.
Assessment of Project Operational Health Impacts
As shown in Table 3.1-6, implementation of the General Plan Update would result in significant and unavoidable criteria pollutant emissions. However, current scientific, technological, and modeling Section 3.1: Air Quality
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limitations prevent the relation of expected adverse operational criteria pollutant emissions to likely health consequences. Therefore, this section explains in detail why it is not feasible to provide such a meaningful assessment of potential health impacts from operational emissions.
Although the General Plan Update is expected to exceed the MDAQMD’s numeric regional mass daily emissions thresholds for VOC, NOx, PM10, PM2.5, and CO, this does not in itself constitute a significant health impact to the populations adjacent to future projects and in the Basin. The regional thresholds are based in part on Section 180(e) of the CAA and are intended to provide a means of consistency in significance determination in the environmental review process. Notwithstanding, simply exceeding the regional mass daily thresholds does not constitute a particular health impact to an individual nearby. This is because the mass daily thresholds are emitted into the air in pounds per day, whereas health effects are determined based on the concentration of emissions in the air at a particular location (e.g., parts per million by volume of air or micrograms per cubic meter of air).
State and federal ambient air quality standards were developed to protect the most susceptible population groups from adverse health effects and were established in terms of parts per million or micrograms per cubic meter for the applicable emissions.
As noted in the Brief of Amicus Curiae filed by the South Coast Air Quality Management District in Sierra Club v. County of Fresno (2018) 6 Cal.5th 502 (SCAQMD 2015), the South Coast Air Quality Management District (SCAQMD) acknowledged that, for criteria pollutants, it would be extremely difficult, if not impossible, to quantify operational health impacts from land development for various reasons, including modeling limitations, and where in the atmosphere air pollutants interact and form. Furthermore, as noted in the Brief of Amicus Curiae by the San Joaquin Valley Air Pollution Control District (SJVAPCD) in the Sierra Club litigation, curre ntly available modeling tools are not equipped to provide a meaningful analysis of the correlation between an individual development project’s air pollutant emissions and specific human health impacts (SJVAPCD 2015). The SJVAPCD explained that “running the photochemical grid model used for predicting ozone attainment with emissions solely from one project would thus not be likely to yield valid information given the relative scale involved” (SJVAPCD 2015). O 3 is not directly emitted into the air but is inst ead formed as O 3 precursors undergo complex chemical reactions through sunlight exposure (SJVAPCD 2015).
In fact, the SJVAPCD indicated that even a project with criteria pollutant emissions that exceed a CEQA threshold would not necessarily cause localized human health impacts because, even when faced with relatively high emissions, the SJVAPCD cannot determine “whether and to what extent emissions from an individual project directly impact human health in a particular area” (SJVAPCD 2015). The SCAQMD reiterated that “an agency should not be required to perform analyses that do not produce reliable or meaningful results” (SCAQMD 2015).
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Additionally, the SCAQMD acknowledges that health effects quantification from O3, as an example, is correlated with increases in ambient level of O3 in the air (concentration) that an individual person breathes. The SCAQMD states that it would take a large amount of additional emissions to cause a modeled increase in ambient O3 levels over the entire region and that, based on its own modeling in the 2012 AQMP, a reduction of 432 tons/864,000 pounds per day of NO x and a reduction of 187 tons/374,000 pounds per day of VOCs would reduce O3 levels at the highest monitored site by only 9 parts per billion. As such, the SCAQMD concludes that it is not currently possible to accurately quantify O3-related health impacts caused by NOx or ROG emissions from relatively small projects (defined as projects with regional scope) due to photochemistry and regional model limitations (SCAQMD 2015).
To underscore this point, the SCAQMD goes on to state that it has only been able to correlate potential health outcomes for very large emissions sources as part of its rulemaking activity.
Specifically, 6,620 pounds per day of NOx and 89,180 pounds per day of VOCs were expected to result in approximately 20 premature deaths per year and 89,947 school absences due to O 3. As shown in Table 3. 1-6 implementation of the General Plan Update would generate far less than 6,620 pounds per day of NO x or 89,190 poun ds per day of VOC emissions and is considered a conservative analysis. Additionally, the potential emissions from the proposed project would be emitted throughout the City and Sphere of Influence, and the impacts of individual projects and number of potentially affected receptors are not currently known.
Therefore, the project’s emissions are not sufficiently high to use a regional modeling program to correlate health effects on a basin-wide level. Further, the SJVAPCD acknowledges this: “The Air District is simply not equipped to analyze what extent the criteria pollutant emissions of an individual CEQA project directly impacts human health in a particular area... even for projects with relatively high levels of emissi ons of criteria pollutant precursor emissions” (SCAQMD 2015). Therefore, this impact is less than significant.
Significance of Impact
Implementation of the General Plan Update would have the potential to expose sensitive receptors substantial pollutant concentrations as a result of exposure to TACs during project operation.
Mitigation Measures
Mitigation Measure AIR -2 would reduce TAC impacts by requiring some future projects under the General Plan Update to prepare a Health Risk Assessment to demonstrate that the project would not pose a significant health risk to nearby sensitive receptors.
AIR-2: Health Risk Assessment. A Health Risk Assessment shall be prepared by a qualified air quality professional for future projects that would generate toxic air con taminants (such as diesel particulate matter) in the General Plan Update Planning Area or that Section 3.1: Air Quality
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would locate a new sensitive receptor within the following screening-level distances identified in the Mojave Desert Air Quality Management District CEQA and Fed eral Conformity Guidelines (2020): any industrial project within 1,000 feet; a distribution center (40 or more trucks per day) within 1,000 feet; a major transportation project within 1,000 feet; a dry cleaner using perchloroethylene within 500 feet; and a gasoline dispensing facility within 300 feet. A project shall not be considered for approval until a Health Risk Assessment has been completed and approved by the MDAQMD. The methodology for the Health Risk Assessment shall follow the Office of Environmental Health Hazard Assessment guidelines for the preparation of Health Risk Assessments.
If a potentially significant health risk is identified, the Health Risk Assessment shall identify appropriate measures, such as upgrading building ventilation systems, to reduce the potential health risk to below a significant level, or the sensitive receptor or proposed facility shall be sited in another location.
Significance After Mitigation
Implementation of Mitigation Measure AIR -2 would reduce impacts by requiring projects consistent with the General Plan Update to prepare a Health Risk Assessment to demonstrate that the project would not pose a significant health risk to nearby sensitive receptors. Future stationary sources subject to the MDAQMD rules for new source review combined with Mitigation Measure AIR-2 would be reduced to less than significant. However, impacts from siting new receptors near existing facilities would remain significant because not all potential sources of TAC emissions would be subject to new source review. For example, new stationary equipment would be subject to new source review, but not potential exposure to DPM along roadways serving a project that may result in a substantial increase in truck trips. Exposure to TAC emissions during operation would remain significant and unavoidable.
3.1.5.4 Threshold 4: Odors
Impact Analysis
The analysis of potential odor sources from construction and operation of the General Plan Update is below.
Construction
Construction associated with implementat ion of the General Plan Update could result in minor amounts of odor compounds associated with diesel heavy equipment exhaust, asphalt paving, and use of architectural coatings and solvents. However, the MDAQMD Rule Book measures to reduce particulate matter emissions from diesel engines discussed in Section 3. 1.5.2 to reduce criteria emissions would also apply to potential odors during construction. In addition, because construction equipment would be operating at various locations throughout the General P lan Section 3.1: Air Quality
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Update boundary, construction would not take place all at once, and because construction activities near existing receptors would be temporary, impacts associated with odors during construction are not anticipated to be significant.
Operation
CARB’s Air Quality and Land Use Handbook includes a list of the most common sources of odor complaints received by local air districts. Typical sources of odor complaints include facilities such as sewage treatment plants, landfills, recycling facilities, waste transfer stations, petroleum refineries, biomass operations, coating operations, fiberglass manufacturing, foundries, rendering plants, and livestock operations. The General Plan Update accommodates the construction of commercial, retail, office, and resid ential land uses that do not typically result in a source of nuisance odors associated with operation. However, the General Plan Update would have the potential to place sensitive receptors near an existing odor source, such as industrial operations or wastewater treatment plant. In addition, the General Plan Update would also accommodate new industrial land uses that would have the potential to produce objectionable odors during industrial processes and manufacturing. Future development would be required to comply with MDAQMD Rule 402, which requires abatement of any nuisance generating odor complaint.
Therefore, future development that proposes one of the uses listed previously or places sensitive - receptor development near an existing source would have a potentially significant odor impact.
Significance of Impact
Implementation of the General Plan Update would have the potential to result in odor emissions during operation of some future projects.
Mitigation Measures
AIR-3: Odor Management Plan. If it is determined during project -level environmental review that a discretionary project has the potential to emit nuisance odors beyond the property line, an odor management plan shall be prepared and submitted by the project applicant prior to project approval to ensure compliance with the Mojave Desert Air Quality Management District (MDAQMD) Rule 402 for projects in the Planning Area. The following types of projects with the specified buffer distances from sensitive receptors have the potential to generate substantial odors: wastewater treatment plant (2 miles), sanitary landfill (1 mile) , t ransfer station (1 mile) , composting facility (1 mile) , petroleum refinery (2 miles), asphalt batch plant (1 mile), chemical manufacturing (1 mile), fiberglass manufacturing (1 mile) , painting/coating operations (1 mile) , food processing facility (1 mile), feed lot/ dairy (1 mile), and rendering plant (1 mile). The odor management plan prepared for these facilities shall identify control technologies that will be utilized to reduce potential odors to acceptable levels, including appropriate Section 3.1: Air Quality
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enforcement mechanisms. Control technologies may include but are not limited to scrubbers (e.g., air pollution control devices) at an industrial facility. Control technologies identified in the odor management plan shall be identified as mitigation measures in the environmental document and/or incorporated into the site plan.
Significance After Mitigation
Implementation of Mitigation Measure AIR -3 would reduce odor impacts from t he General Plan Update to less than significant by requiring proposed new odor sources or the placement of new receptors near an existing odor source to prepare an odor management plan and install control technologies, as appropriate. Therefore, impacts would be reduced to less than significant.
3.1.6 Cumulative Impacts and Mitigation
The following sections address various potential cumulative impacts relating to air quality that could result from implementation of the project.
3.1.6.1 Cumulative Threshold 1: Consistency with Applicable Air Quality Plan As discussed in Chapter 3, Environmental Analysis, the proposed General Plan Update is inherently cumulative and considers cumulative development that could occur in the Planning Area over a defined time frame. The MDAQMD attainment plans are intended to address cumulative impacts in the Basin based on future growth predicted by the Southern California Association of Governments.
Compared to the existing Victorville General Plan, the General Plan Update would have slightly less development capacity regarding residential, commercial, industrial, and open space land uses.
Cumulative development is not expected to result in a significant impact in terms of conflicting with the MDAQMD air quality management plans because the maj ority of cumulative projects would propose development that is consistent with the applicable growth projections incorporated into local air quality management plans. Implementation of the project, in combination with other cumulative projects, would not c onflict with or obstruct implementation of MDAQMD air quality plans. A cumulative impact would not occur.
3.1.6.2 Cumulative Threshold 2: Cumulative Increase in Criteria Pollutant An existing cumulative impact exists in the Basin related to O3, and PM10. As previously described implementation of the General Plan Update would have the potential to result in permanent increases in criteria pollutant emissions related to NOx, VOC, PM10, PM2.5, and CO. Mitigation Measure AIR- 1 would reduce criteria pollutant emissions from future construction activities and operation by requiring future development to demonstrate compliance with the MDAQMD significance thresholds and to implement emissions reduction measures where feasible. However, it cannot be guaranteed that site -specific analysis and associated reduction measures would fully reduce construction and operational impacts. Therefore, the General Plan Update would have the potential Section 3.1: Air Quality
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to result in a cumulatively considerable contribution to a cumulatively significant impact related to criteria pollutant emissions. This cumulative impact would be significant and unavoidable.
3.1.6.3 Cumulative Threshold 3: Sensitive Receptors
A cumulative impact related to CO hotspots would occur if the CO emissions from traffic generated by cumulative project development in the region would combine to create a CO hotspot.
As discussed in Section 3. 1.5.3, emissions from motor vehicles, the primary contributor to a CO hotspot, has been dramatically declining. A CO hotspot has not occurred in the Basin and with the addition of increased vehicle emissions efficiencies throughout the horizon year of the General Plan Update, CO hotspots are not anticipated to occur. In addition, cumulative projects located in adjacent jurisdictions, including incorporated cities, adjacent counties, and state -managed lands, would be required to comply with CARB’s recommendations for siting new sensitive receptors and with regulations set by the MDAQMD. Therefore, a significant cumulative impact associated with CO hotspots would not occur, and the proposed project’s cumulative contribution would be less than significant.
In addition, cumulative projects located in the Basin would have the potential to result in a significant cumulative impact associated with sensitive receptors if, combined, they would expose sensitive receptors to a substantial concentration of TACs that would significantly increase health risk. Impacts would generally be localized and not cumulative in nature because impacts related to a particular source of TACs would be limited to the proximity of the source. Cumulative projects with the potential to generate substantial pollutant concentrations would be required to comply with the CARB program to reduce diesel emissions as well as M DAQMD siting requirements .
Similar to the proposed project, cumulative projects in adjacent jurisdictions would be required to comply with MDAQMD’s recommendations for siting new sensitive receptors and requirements for reducing diesel emissions and with regulations set by the MDAQMD. Therefore, the proposed project, combined with other cumulative projects in the region, would result in a less significant cumulative impact associated with sensitive receptors.
3.1.6.4 Cumulative Threshold 4: Odors
Impacts relative to objectionable odors are limited to the area immediately surrounding the odor source and are not cumulative in nature because the air emissions that cause odors disperse beyond the sources of the odor. As the emissions disperse, the odor becomes decreasin gly detectable.
Therefore, the General Plan Update, combined with other cumulative projects in the region, would not result in a cumulative impact. Mitigation Measure AIR-3 would reduce potential operational odor impacts to less than significant by requiring future projects to prepare odor management plans and install control technology, as appropriate. Because construction equipment would be operating at various locations throughout the Planning Area, construction would not take place all at once, Section 3.1: Air Quality
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and because construction activities near existing receptors would be temporary, impacts associated with odors during construction would be less than significant.
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Section 3.2: Biological Resources
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3.2 Biological Resources
This section evaluates the potential for impacts to biological resources resulting from implementation of the proposed City of Victorville General Plan Update (project). The analysis in this section is based on the information in the Biological Resources Letter Report prepared by Harris & Associates (2022) for the project (Appendix C).
This biological resources analysis included a database and literature review to document the existing biological conditions of the Planning Area. The San Bernardino County (County) geographic information system (GIS) and National Wetlands Inventory Wetland Mapper databases were used to identify and quantify the vegetation communities and aquatic resources in the Planning Area. No on-site biological surveys or field reconnaissance were conducted as a part of this project. The results of this review provide i nformation on the potential constraints to project development due to the presence of sensitive biological resources.
3.2.1 Existing Conditions
This section describes the existing conditions for the project as they relate to biological resources.
3.2.1.1 Vegetation Communities and Land Cover Types
The vegetation communities and land cover types identified in the Planning Are a include desert riparian, desert wash, freshwater emergent wetland, fresh water, riverine, valley foothill riparian, alkali desert scrub, desert scr ub, sagebrush scrub, annual grassland, Joshua tree, agriculture/orchard/vineyard lands, disturbed habitat, and urban/developed land (Figure 3.2 -1, Vegetation Communities and Land Cover Types). Table 3.2-1, Vegetation Communities and Land Cover Types in the Planning Area, presents the acreages of the vegetation communities and land cover types in the Planning Area.
Table 3.2-1. Vegetation Communities and Land Cover Types in the Planning Area Vegetation Community and Land Cover Type Planning Area (acres)2 Aquatic and Riparian
Desert riparian1 503
Desert wash1 28.7
Freshwater emergent wetland1 6.6
Fresh water1 158.7
Riverine1 104.4
Valley foothill riparian1 41.8
Subtotal 843.2
Section 3.2: Biological Resources
Draft PEIR 3.2-2 September 2022
City of Victorville General Plan Update
Table 3.2-1. Vegetation Communities and Land Cover Types in the Planning Area Vegetation Community and Land Cover Type Planning Area (acres)2 Scrub
Alkali desert scrub1 1,199
Desert scrub1 19,481.3
Sagebrush scrub1 585.1
Subtotal 21,265.4
Upland
Annual grassland 1,882
Subtotal 1,882
Woodland
Joshua tree1 1,022.1
Subtotal 1,022.1
Disturbed and Urban/Developed
Agriculture/orchard/vineyard lands 82.8
Disturbed habitat 210
Urban/developed land 22,080.2
Subtotal 22,373
Total 47,385.7
Sources: CDFW 2022a; BLM 2004, Holland 1986.
Notes:
1 Sensitive vegetation community as designated by CDFW and WMP (CDFW 2022a; BLM 2004). 2 Vegetation community acreages have been rounded to the nearest one-tenth acre.
Aquatic and Riparian Vegetation Communities
Aquatic and riparian vegetation communities that occur in the Planning Area include desert riparian, desert wash, freshwater emergent wetland, fresh water, riverine, and valley foothill riparian. These vegetation communities are considered sensitive biological resources as designated by CDFW and WMP (CDFW 2022a; BLM 2004) because they provide critical, high -quality habitat for plant and wildlife species, including birds, mammals, invertebrates, amphibians, and reptiles, inhabiting the Planning Area (CDFW 2022a; BLM 2004).
Desert Riparian
Desert riparian is an open, broadleafed, winter -deciduous streamside forest dominated by Freemont cottonwood (Populus fremontii) and willow species (Salix sp.). The open canopy allows a dense shrubby understory of saltbush (Atriplex sp.) and sand bar willow (Salix exigua) to occur.
Desert riparian occurs along the larger desert rivers where the vegetation has not been cleared for irrigated agriculture or dewatered by upstream diversions.
Approximately 503 acres of desert ripa rian occurs in the eastern and northeastern portions of the Planning Area, primarily along the Mojave River (Figure 3.2-1).
Section 3.2: Biological Resources
Draft PEIR 3.2-3 September 2022
City of Victorville General Plan Update
Desert Wash
Desert wash is an o pen, drought -deciduous community within sandy or gravelly washes and arroyos in the lower deserts, la rgely in frost -free areas. These washes occur along the larger drainages of the lower Mojave Desert and typically have braided channels that are rearranged with every surface flow event.
Approximately 28.7 acres of desert wash occurs in a small area in the eastern portion of the Planning Area (Figure 3.2-1).
Freshwater Emergent Wetland
Freshwater emergent wetland is dominated by perennial, emergent wetland plants, often forming a completely closed canopy dominated by bulrush (Scirpus sp.) and cattail (Typha sp.). Freshwater emergent wetland occurs in stagnant or slow -moving fresh waters that are permanently flooded, which allows for the accumulation of deep, peaty soils. These wetlands typically occur near river mouths and around the margins of lakes or springs.
Approximately 6.6 acres of f reshwater emergent wetland occurs in the eastern and northeastern portions of the Planning Area, primarily along the Mojave River (Figure 3.2-1).
Fresh Water
Fresh water habitat is composed of year-round bodies of water in the form of lakes, streams, ponds, or rivers. This includes portions of water bodies that are usually covered by water and contain less than 10 percent vegetative cover.
Approximately 158.7 acres of fresh water occurs primarily in the northern portion of the Planning Area (Figure 3.2-1).
Riverine
Riverine is composed of intermittent or continually running water that originates at some elevated source, such as a spring or lake, and flows downward at a rate relative to slope and volume of surface runoff. Ripa rian and emergent wetland habitats often occur adjacent to or surrounding riverine habitats.
Approximately 104.4 acres of riverine habitat occurs in the eastern and northeastern portions of the Planning Area, primarily consisting of the Mojave River (Figure 3.2-1).
Valley Foothill Riparian
Valley foothill riparian is a tall, dense, winter -deciduous, broadleafed riparian forest. The tree canopy is typically closed and moderately to densely composed of a mix of species, including boxelder ( Acer negundo ), blac k walnut ( Juglans californica ), California sycamore ( Platanus Section 3.2: Biological Resources
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City of Victorville General Plan Update
racemosa), and cottonwood and willow species. The understory typically consists of shade - tolerant shrubs. Valley foothill riparian occurs in floodplains of low-gradient, depositional streams but has largely been cleared for agriculture, flood control, and urban development.
Approximately 41.8 acres of valley foothill riparian occurs in the eastern portion of the Planning Area, primarily in the Mojave River floodplain (Figure 3.2-1).
Scrub Vegetation Communities
Scrub vegetation communities that occur in the Planning Area include alkali desert scrub, desert scrub, and sagebrush scrub. . These vegetation communities are considered sensitive biological resources by state and local regulations because they provide critical, high-quality habitat for plant and wildlife species, including birds, mammals, invertebrates, and reptiles, inhabiting the Planning Area (CDFW 2022a; BLM 2004).
Alkali Desert Scrub
Alkali desert scrub is a heterogeneous habitat with a variety of plant species that changes considerably depending on the moisture, salinity, and topography of where it is growing. Some primary perennial shrub and subshrub species in alkali desert scrub include arrow-weed (Pluchea sericea), black greasewood (Sarcobatus vermiculatus), alkali goldenbush ( Isocoma acradenia), and species of rabbitbrush species (Ericameria sp.), seablite (Suaeda sp.), saltbush, and saltcedar (Tamarix sp.).
Approximately 1,199 acres of alkali desert scrub occurs in the western and northwestern portions of the Planning Area (Figure 3.2-1).
Desert Scrub
Desert scrub is composed of low, grayish shrubs typically dominated by a single saltbush species mixed with succulent species. Total cover in desert scrub is typically low, with bare ground between the widely spaced shrubs. Desert scrub is often distributed along the margins of dry lake beds in desert habitats.
Approximately 19,481.3 acres of desert scrub occurs throughout the Planning Area, primarily around the edges (Figure 3.2-1).
Sagebrush Scrub
Sagebrush scrub is composed of soft, woody shrubs usually with bare ground under and between shrubs. This community is typically dominated by big sagebrush ( Artemisia tridentata). Growth occurs mostly in late spring and early summer and is dormant in the winter. Sagebrush scrub occurs on a variety of soils and terrain, from rocky, well-drained slopes to fine-textured valley soils with high water tables.
Section 3.2: Biological Resources
Draft PEIR 3.2-5 September 2022
City of Victorville General Plan Update
Approximately 585.1 acres of sagebrush scrub occurs in the northern, southeaster n, and southwestern portions of the Planning Area (Figure 3.2-1).
Upland Vegetation Community
The upland vegetation community that occurs in the Planning Area includes annual grassland. This vegetation community is not considered a sensitive biological community by state and local regulations but annual grassland has the potential to provide habitat for plant and wildlife species, including birds, small mammals, and reptiles, inhabiting the Planning Area (CDFW 2022a; BLM 2004).
Annual Grassland
Annual grassland is composed of dense to sparse annual grasses. Annual grassland typically occurs in fine-textured, clay soils and can be moist or waterlogged during the winter rainy season and very dry during the summer and fall.
Approximately 1,882 acres of ann ual grassland occurs throughout the Planning Area, primarily around the edges (Figure 3.2-1).
Woodland Vegetation Community
The woodland vegetation community that occurs in the Planning Area includes Joshua trees.
Joshua trees are considered a sensitive pl ant species and a sensitive biological resource by state and local regulations as a vegetation community because it and provides habitat for plant and wildlife species, including birds, bats, mammals, and reptiles, inhabiting the Planning Area.
Joshua Tree
Joshua trees (western [Yucca brevifolia] and eastern [Yucca jaegeriana]) are slow-growing, tree- like (upright) members of the Agave family. They are distributed on gentle slopes and valley floors of upper bajadas and sandy areas. The understory of this hi ghly variable community typically includes creosote bush ( Larrea tridentata ) and/or species of saltbush. The Joshua tree is an archetypal plant of the Mojave Desert that may live several hundred years and that provides valuable habitat for a variety of nat ive wildlife species. Increasing global temperatures, off -road vehicle use, and illegal dumping have adverse effects on the health of Joshua trees. Due to the number of threats facing the survival of Joshua trees, in September 2020, the California Department of Fish and Wildlife ( CDFW) listed the Joshua tree as a candidate for listing in the California Endangered Species Act. In April 2022, the CDFW acknowledged that threats from climate change, development, and other human influence will place Joshua trees in greater peril in the future but decided that listing the species as threatened was unwarranted at that time. A full decision is expected in October 2022 on whether the species will remain listed in the California Endangered Species Act.
Section 3.2: Biological Resources
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City of Victorville General Plan Update
Joshua trees are also protected by the California Desert Plant Protection Act, which requires a tag through the California Department of Food and Agriculture if five or more trees are to be removed.
In addition, Joshua trees are protected by Chapter 13.33 of the Victorville Municipal Code, which prohibits the destruction or removal of Joshua trees without written consent from the City ’s Director of Community Services.
Approximately 1,022.1 acres of Joshua trees occurs in the northern and southwestern portions of the Planning Area (Figure 3.2-1).
Disturbed and Urban/Developed Lands
The disturbed and urban/developed lands that occur in the Planning Area include agriculture/orchard/vineyard, disturbed habitat, and urban/developed land. These disturbed and urban land covers are not considered sensitive biological resources by state and local regulations but they have a moderate to low potential to provide habitat for plant and wildlife species inhabiting the Planning Area (CDFW 2022a; BLM 2004).
Agriculture/Orchard/Vineyard Lands
Agricultural land includes areas occupied by dairies and livestock feed yards or areas that have been tilled for use as croplands, groves, orchards, or vineyards.
Approximately 82.8 acres of agriculture/orchard/vineyard lands occurs in the eastern porti on of the Planning Area (Figure 3.2-1). Agricultural land in the Planning Area primarily consists of row crops, orchards, and vineyards.
Disturbed Habitat
Disturbed habitat consists of previously disturbed areas that either are devoid of vegetation (dirt roads/trails) or support scattered non-native species such as mustard (Brassicaceae sp.), ragweed (Ambrosia sp.), fennel (Foeniculum vulgare), Russian thistle (Salsola sp.), and thistle (Centaurea sp.). Habitats that can be described as disturbed are composed of a mix of native and non -native species but can be solely non-native species in some cases.
Approximately 210 acres of disturbed habitat occurs mostly around the edges of the Planning Area (Figure 3.2-1).
Urban/Developed Land
Urban/developed land includes areas of existing residential, commercial, and industrial development (locations of existing manufactured structures), roadways, parking lots, pedestrian paths, horticultural open spaces, la ndscape buffers and courtyards, plazas, gardens, recreation fields, and areas dominated by non-native (introduced) vegetation.
Section 3.2: Biological Resources
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City of Victorville General Plan Update
The majority of the Planning Area, 22,080.2 acres, consists of urban/developed land (Figure 3.2-1).
3.2.1.2 Aquatic Resources
The Mojave River runs through the northern and northeastern portions of the Planning Area (Figure 3.2 -2, Aquatic Resources). The U.S. Fish and Wildlife Service ( USFWS) National Wetlands Inventory report run for the Planning Area classifies the Mojave River as riverin e and the riparian corridor surrounding the river as Freshwater Emergent Wetland and Freshwater Forested/Shrub Wetland. Smaller streams and creeks that are tributary to the Mojave River are identified in the National Wetlands Inventory report throughout the Planning Area (Figure 3.2-2).
Freshwater ponds and lakes surrounding the Mojave River occur primarily in the northeastern and southeastern portions of the Planning Area as well (Figure 3.2-2).
Aquatic resources delineations were not conducted for the Planning Area. However, wetlands and waters potentially subject to the regulatory jurisdiction of the U.S. Army Corps of Engineers (USACE) pursuant to Section 404 of the Clean Water Act (CWA) (33 USC 1344), Regional Water Quality Control Board (RWQCB) pursuant to Section 401 of the CWA or the Porter-Cologne Act, and the CDFW pursuant to Sections 1600 et seq. of the California Fish and Game Code likely occur in the Planning Area (associated with the Mojave River). The aquatic vegetation communities, including desert riparian, desert wash, freshwater emergent wetland, fresh water, riverine, and valley foothill riparian, occur in the Planning Area and may fall under the regulatory jurisdiction of the USACE, RWQCB, or CDFW (Figure 3.2-1).
Wetland and non-wetland waters including lakes, ponds, non-vegetated stream channels, erosional features, gullies, and concrete -lined channels have the potential to occur in the Planning Area (Figure 3.2-2). These features may fall under the regulatory jurisdiction of the USACE, RWQCB, or CDFW.
3.2.1.3 Sensitive Species
Sensitive species are those recognized by federal, state, or local agencies as being potentially vulnerable to impacts because of rarity, local or regional reductions in population numbers, isolation/restricted genetic flow, or other factors. Special -status plants include those listed as threatened or endangered, proposed for listing, or candidates for listing by the USFWS and CDFW; those considered sensitive by the CDFW; and those species included in the California Rare Plant Rank inventory, maintained by the California Native Plant Society . Sensitive wildlife species include those listed as threatened or endangered, proposed for listing, or candidates for listing by the USFWS and CDFW; or those considered sensitive by the CDFW.
Distributions of historical sensitive plant and wildlife species observations in the vicinity of the Planning Area were reviewed in preparation of this letter report (BLM 2004 ; Calflora 2022 ; CDFW 2022a, 2022b; CNPS 2022; USFWS 2022). Figure 3.2-3, Sensitive Species Potential to Section 3.2: Biological Resources
Draft PEIR 3.2-8 September 2022
City of Victorville General Plan Update
Occur, shows the historical documented occurrences of many of the sensitive plant and wildlife species within the Planning Area. It should be noted that some of the sensitive species documented in the Planning Area by the Victorville General Plan 2030 or West Mojave Plan (WMP) may not be shown on Figure 3.2-3 because that data was not publicly available. Ten sensitive plant species and 36 sensitive wildlife species are either known to occur or have some potential to occur within the vicinity of the Planning Area, and are listed in the following subsections.
Sensitive Plant Species
The sensitive plant species that are either known to occur or have some potential to occur within the vicinity of the Planning Area include beaver dam breadroot (Pediomelum castoreum), Booth’s evening-primrose (Eremothera boothii ssp. boothii), desert cymopterus (Cymopterus deserticola), Mojave monkeyflower ( Diplacus mohavensis ), sagebrush loeflingia ( Loeflingia squarrosa var. artemisiarum), San Bernardino aster (Symphyotrichum defoliatum), short-joint beavertail (Opuntia basilaris var. brachyclada), small -flowered androstephium ( Androstephium breviflorum ), southern mountains skullcap (Scutellaria bolanderi ssp. austromontana), and white pygmy-poppy (Canbya candida) (Figure 3.2-3).
Sensitive Wildlife Species
The sensitive wildlife species that are either known to occur or have some potential to occur within the vicinity of the Planning Area include arroyo toad ( Anaxyrus californicus ), bald eagle (Haliaeetus leucocephalus), Bendire’s thrasher (Toxostoma bendirei), Blainville’s horned lizard (Phrynosoma blainvillii ), burrowing owl (Athene cunicularia ), brown -crested flycatcher (Myiarchus tyrannulus), California red-legged frog ( Rana draytonii), Cooper’s hawk ( Accipiter cooperii), desert tortoise (Gopherus agassizii), Ferruginous hawk (Buteo regalis), golden eagle (Aquila chrysaetos), hoary bat ( Lasiurus cinereus), least Bell ’s vireo (Vireo bellii pusillus ), Le Conte’s thrasher (Toxostoma lecontei), loggerhead shrike ( Lanius ludovicianus), long-eared owl (Asio otus), Mojave ground squirrel (Xerospermophilus mohavensis), Mojave river vole (Microtus californicus mohavensis ), Mojave tui chub ( Siphateles bicolor mohavensis ), northern harrier (Circus cyaneus), pallid bat ( Antrozous pallidus), pallid San Diego pocket mouse ( Chaetodipus fallax pallidus ), prairie falcon (Falco mexicanus ), San Emigdio blue butterfly ( Plebulina emigdionis), sharp-shinned hawk (Accipiter striatus), southwestern willow flycatcher (Empidonax traillii extimus), summer tan ager (Piranga rubra), Swainson’s hawk (Buteo swainsoni), yellow- breasted chat ( Icteria virens ), Townsend ’s big -eared bat ( Corynorhinus townsendii ), tricolored blackbird ( Agelaius tricolor), Victorville shoulderband ( Helminthoglypta mohaveana ), northwestern pond turtle (Actinemys marmorata ), western yellow -billed cuckoo ( Coccyzus americanus occidentalis), yellow-breasted chat ( Icteria virens), and yellow warbler (Setophaga petechia) (Figure 3.2-3).
Section 3.2: Biological Resources
Draft PEIR 3.2-9 September 2022
City of Victorville General Plan Update
As previously discussed, the majority of the Planning Area is developed, disturbed, or occupied with agricultural fields, which provides limited suitable habitat for the sensitive plant and wildlife species that are known to occur or have a potential to occur (Figure 3.2-1). However, large areas of native habitat occur around the edges and in the north-central portion of the Planning Area that support the sensitive plant and wildlife species listed in the previous subsections (F igures 3.2-1 and 3.2-3). In addition, the Mojave River and surrounding riparian corridor that occurs in the northern and northeastern portions of the Planning Area provide suitable habitat for sensitive plant and wildlife species.
Critical Habitat
The potential for critical habitat to occur in the Planning Area was also analyzed. Critical habi tat for southwestern willow flycatcher occurs along the Mojave River and surrounding riparian corridor that runs through the northern and northeastern portions of the Planning Area and is displayed o n Figure 3.2 -4, Critical Habitat. Critical habitat for ar royo toad and desert tortoise occurs south and north of the Planning Area, respectively.
3.2.1.4 Wildlife Corridors
Wildlife corridors include both local movement routes and regional corridors and linkages. Local movement routes often connect resources, such as wa ter sources, foraging areas, and den/cover sites, on a localized level, often on a daily or nightly basis. Regional movement corridors or linkages connect larger patches of open space and are important to wildlife for seasonal movements and for the long-term genetic flow between subpopulations. For large mammals, regional corridors are often required to provide a network of large-scale foraging or hunting areas. Corridors can be continuous habitat features, or “stepping stones,” such as rest areas along a b ird migration route.
Corridors often follow linear topographic, water, or vegetation features. The overall biological value of a site is based on a variety of factors, including habitat types present, quality of habitat, diversity of biological resources present, potential to support sensitive biological resources, patch size, and connectivity to other high-quality habitat, among others.
The Victorville General Plan 2030 (City of Victorville 2008) and the WMP (BLM 2004) were reviewed to confirm the presence of designated habitat linkages and dispersal corridors in the Planning Area. These documents identify the Mojave River and riparian corridor that runs through the northern and northeastern portion of the Planning Area as an important wildlife habitat and movement corridor connecting the open spaces within and outside the Planning Area. The Mojave River also provides a flyway stopover for migratory birds and raptors and final remaining occupied habitat for endemic species, including Mojave River vole, Mojav e shoulderband snail, and formerly Mojave tui chub (now thought to be extirpated) (City of Victorville 2008). Open areas of native habitat, primarily Mojave River and riparian corridor and desert scrub, along the northern, northeastern, and southwestern edges and in the north-central portion of the Planning Area provide Section 3.2: Biological Resources
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both local movement routes and regional linkages within the Planning Area (Figure 3.2-1). These native habitat areas provide three primary landscape linkages: (1) east–west across the northe rn portion of the Planning Area; (2) north–south across the northeastern portion of the Planning Area, as part of the Mojave River corridor; and (3) north–south across the southwestern portion of the Planning Area.
The majority of the Planning Area is not likely to function as a wildlife movement corridor because it is primarily made up of urban/developed land that limits wildlife movement. However, the swaths of native habitat around the edges and running through the north -central portion of the Planning Area provide connections to the open space areas within and surrounding the Planning Area that provide local and regional movement for both common and sensitive wildlife species.
3.2.2 Regulatory Framework
This section summarizes federal, state, regional, and local regulations, plans, policies, and programs that provide protection and management of sensitive biological resources that are applicable to the project. The federal government administers nonmarine plant- and wildlife-related issues through the USFWS, while waters of the United States issues are administered by the USACE. California law relating to wetland, water -related, and wildlife issues is administered by the CDFW. Under the California Environmental Quality Act (CEQA), impacts associated with a proposed project or program are assessed with regard to significance criteria determined by the CEQA lead agency pursuant to the CEQA Guidelines. Biological resources-related laws and regulations that apply include the federal Endangered Species Act, Migratory Bird Treaty Act, CWA, CEQA, California Endangered Species Act, and California Fish and Game Code.
3.2.2.1 Federal
Clean Water Act, Section 404 (33 CFR 328.3[a])
These provisions regulate the discharge of dredged or fill material in waters of the United States, including wetlands. Activities that discharge dredge or fill material into waters of the United States can be authorized by the USACE.
Federal Endangered Species Act, Sections 7 and 9 (16 USC 1531 et seq.; 50 CFR Part 402)
This prohibits the “take” (i.e., harm, harass, or kill individuals, or destroy associated habitat) of species federally listed as threatened or endangered. Take incidental to otherwise lawful activities can be authorized by the USFWS through a permit under Sections 4(d), 7, or 10(a).
Section 3.2: Biological Resources
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Migratory Bird Treaty Act (16 USC 703–712; 50 CFR 10)
The federal Migratory Bird Treaty Act prohibits the direct or indirect take of migratory birds and their active nests unless permitted.
3.2.2.2 State
Birds of Prey Protection Provision (California Fish and Game Code, Section 3503.5)
This provision prohibits the taking of birds of prey (Order Falconiformes and Strigiformes) including their nests and eggs.
California Endangered Species Act (California Fish and Game Code, Section 2050 et seq.)
Section 2050 of the California Fish and Game Code prohibits any activities that would jeopardize or take a species designated as threatened or endangered by the state.
Streambed Alteration Agreement (California Fish and Game Code, Section 1600) The California Fish and Game Code requi res any person who proposes a project that will substantially divert or obstruct the natural flow or substantially change the bed, channel, or bank of any river, stream, or lake, or their tributaries, or use materials from a streambed, to submit a notification for a Streambed Alteration Agreement to the CDFW.
California Fish and Game Code, Section 1602
Section 1602 regulates water resources in the State of California. Activities that divert or obstruct the natural flow of, or change or use material from the bed, channel, or bank of any river stream or lake may be authorized by the CDFW. CDFW jurisdiction includes intermittent and perennial watercourses and extends to the top of the bank of a stream or lake if unvegetated or to the limit of the adjacent riparian vegetation, located contiguous to the watercourse, if the stream or lake is vegetated.
California Fish and Game Code, Section 3503
Section 3503 of the California Fish and Game Code prohibits the take, possession, or needless destruction of the nests or eggs of any birds, except as otherwise provided by the code or any regulation made pursuant thereto.
CEQA, as amended (California Public Resources Code, Section 21000 et seq.) The goal of CEQA is to assist California public agencies in identifying potenti al significant negative environmental impacts caused by their actions and avoiding or mitigating those impacts when feasible.
Section 3.2: Biological Resources
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City of Victorville General Plan Update
California Fully Protected Wildlife Species Provision (California Fish and Game Code, Sections 3511, 4700, 5050, and 5515)
These provisions prohibit the taking of fully protected birds, mammals, amphibians, and fish.
California Native Plant Protection Act of 1977 (California Fish and Game Code, Section 1900–1913)
These provisions preserve, protect, and enhance endangered or rare native plants of the state.
Regional Water Quality Control Board
The RWQCB regulates impacts to water quality under Section 401 of the CWA. A project must comply with Section 401 of the CWA before the USACE can issue a Section 404 Permit. The RWQCB will is sue a Section 401 Water Quality Certification or Waiver of Certification, depending on the extent of impacts to waters of the United States. The RWQCB also regulates impact to waters of the state (usually limited to “isolated” waters or swales that may not fall under USACE jurisdiction) under the Porter-Cologne Water Quality Control Act.
Natural Community Conservation Planning Act, as amended (California Fish and Game Code, Section 2800–2835)
The primary objective of the Natural Community Conservation Planning program is to conserve natural communities at the ecosystem level while accommodating compatible land use. The program seeks to anticipate and prevent the controversies and gridlock caused by species ’ listing by focusing on the long -term suitability of wildlife and plant communities and including key interests in the process.
Porter-Cologne Water Quality Control Act (Porter-Cologne) Regulated by the RWQCB for impacts to waters of the state. Although water quality issues related to impacts to waterways are normally addressed during 401 Water Quality Certification, should a water of the State of California be determined by the USACE not to have CWA jurisdiction, Porter- Cologne would be addressed under a Construction General Permit, State General Waste Discharge Order, or Waste Discharge Requirements, depending on the level of impact and the properties of the waterway.
3.2.2.3 Local
Victorville General Plan 2030
Resource Element
The Planning Area is subject to the goals and policies outlined in the General Plan Elements under the Victorville General Plan 2030 (City of Victorville 2008). The Resource Element of the Victorville General Plan 2030 provides detailed goals and policies to protect and maintain natural Section 3.2: Biological Resources
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City of Victorville General Plan Update
resources, such as water supply and water quality, c ultural resources (including archaeological, paleontological, and historic al), biological resources (including plants, wildlife, and the West Mojave Coordinated Management Plan), air quality, mineral resources, outdoor recreation, natural hazards, agricultural resources, and solid waste management. The following goals and policies apply to biological resources.
Biological and Open Space Resources
Goal 4: Conservation of Important Habitat. Preserve land containing native habitat that sustains rare, threatened or endangered plants and wildlife species. Objective 4.1: Preservation of natural communities that support rare, threatened and/or endangered plants and wildlife species throughout the Planning Area. Policy 4.1.1: Encourage development of natural habitat that supports rare, threatened or endangered plants and wildlife (i.e. “sensitive” species), or require restoration of the same type of impacted habitat within an existing, planned or potential conservation area.
Implementation Measure 4.1.1.2: Continue to require biological surveys and an assessment of impacts to biological resources for new “greenfield” projects, as part of the City ’s CEQA implementation procedures. Update the City ’s database of sensitive habitats with findings of project -level biological surveys and reports.
Policy 4.1.2: Support and Participate in the West Mojave Plan. Objective 4.2: Permanent Conservation of Mojave River Corridor Ecological Values. Policy 4.2.1: Generally prohibit private or public development projects or major infrastructure facilities on land within the Mojave River corridor, where biological surveys have determined there is habitat that supports rare, threatened, and/or endangered plants or wildlife. Allow minor encroachments into such habitat, for critical public fa cilities and recreational trails, where reliable assurances are provided that no loss of sensitive species will occur.
Victorville Municipal Code
Chapter 13.33, Preservation and Removal of Joshua Trees , in the Victorville Municipal Code requires that the proper and necessary steps be taken to protect and preserve, to the greatest extent possible, Joshua trees in all areas of the city. Chapter 13.33 prohibits any person to cut, damage, destroy, dig up, or harvest any Joshua tree without the prior written consent of the Director of Parks and Recreation or their designee.
Section 3.2: Biological Resources
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West Mojave Plan
The Planning Area is within the WMP Area ( WMPA) and is subject to the requirements and conservation responsibilities outlined in the plan (BLM 2004). The WMP is a habitat conservation plan and an amendment to the federal California Desert Conservation Area Plan (BLM 1980). The purpose of the WMP is to develop management strategies for the desert tortoise, Mojave ground squirrel, and over 100 other sensitive plants, wildlife and natural communities that would conserve those resources throughout the western Mojave Desert, while at the same time establishing a streamlined program for compliance with the regulatory requirements o f the federal Endangered Species Act and California Endangered Species Act. Agencies, local jurisdictions, and others with a stake in the future of the western Mojave Desert collaborated in the development of the WMP.
The WMP covers the 6.2 -million-acre WMPA, including 3.2 million acres of public land and 3 million acres of private land, in portions of San Bernardino, Inyo, Kern, and Los Angeles Counties.
Measures applicable to each jurisdiction within the WMPA are outlined in the WMP Appendix B.
Measures a pplicable to the Planning Area include those for burrowing owl, desert tortoise, Ferruginous hawk, Mojave ground squirrel, 10 Mojave River bioregion species (brown -crested flycatcher, Least Bell ’s vireo, Lucy ’s warbler [ Oreothlypis luciae ], southwestern wi llow flycatcher, summer tanager, vermilion flycatcher [ Pyrocephalus obscurus ], yellow -bellied flycatcher [Empidonax flaviventris], yellow warbler [Setophaga petechia], Mojave River vole, and northwestern pond turtle), and prairie falcon.
3.2.3 Thresholds of Significance
Appendix G of the CEQA Guidelines (CEQA Guidelines, Section 15000 et seq.) defines “significant effect on the environment” as a “substantial, or potentially substantial adverse change in the environment.” Appendix G of the CEQA Guidelines further indicates that a significant effect on biological resources may occur if the project would:
Threshold 1: Have a substantial adverse effect, either directly or through habitat modifications, on any species identifi ed 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. Threshold 2: 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. Threshold 3: 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, hydrologic interruption, or other means.
Section 3.2: Biological Resources
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City of Victorville General Plan Update
Threshold 4: 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. Threshold 5: Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance. Threshold 6: Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state Habitat Conservation Plan.
3.2.4 Impacts and Mitigation
The following sections address various potential impacts relating to biological resources that could result from implementation of the project.
3.2.4.1 Threshold 1: Candidate, Sensitive, or Special-Status Species Impact Analysis
Sensitive Plant Species
The Planning A rea consists primarily of developed land, including urban/developed land, disturbed habitat, and agricultural fields, and no critical habitat for sensitive plant species occur s in the Planning Area (Figures 3.2 -1 and 3.2-4). However, large areas of native habitat, including the Mojave River and surrounding riparian corridor, scrub, grassland, and woodland, occur around the edges and in the north -central portion of the Planning Area that can support sensitive plant species (Figure 3.2-1). Ten sensitive plant species are either known to occur or have some potential to occur within the vicinity of the Planning Area. Future development consistent with the project could result in significant direct and indirect impacts to sensitive plant species.
As discussed in Section 3.2.2, Regulatory Setting, development projects in the Planning Area are required, as a condition of approval, to comply with the Victorville General Plan 2030 Resource Element goals, objectives, and policies related to biological resources (City of Victorville 2008).
Specific to sensitive plant species, the project would comply with Goal 4, Conservation of Important Habitat, which prioritizes the preservation of natural communities that supports rare, threatened, or endangered plant species and requires biological surveys and assessments of impacts to biological resources for new “greenfield” projects, as part of the City’s CEQA implementation procedures. Under General Plan Resource Element Goal 4, Policy 4.1.1, projects that would impact sensitive plant species habitat would be required to provide restoration of the same type of impacted habitat within an existing, planned or potential conservation area. Further, consistency with General Plan Resource Element Goal 4, Objective 4.2 and Policy 4.2.1, requires permanent conservation of the Mojave River and riparian corridor, which provides suitable habitat for Section 3.2: Biological Resources
Draft PEIR 3.2-16 September 2022
City of Victorville General Plan Update
sensitive plant species, and this goal generally prohibits private or public development projects within the Mojave River corridor.
Development consistent with the project in the urban/developed land that occurs in the Planning Area would be less likely to result in impacts to sensitive plant species because these areas have been previously disturbed and do not contain suitable habitat for sensitive plant species.
Therefore, c ompliance with the Victorville General Plan 2030 goals, objectives, and policies related to biological resources would reduce impacts to sensitive plant species to less than significant impacts, and no mitigation is required.
Sensitive Wildlife Species
As discussed above, although the Planning Area consists primarily of developed land, large areas of native habitat, including the Mojave River and surrounding riparian corridor, scrub, grassland , and woodland, occur around the ed ges and in the north -central portion of the Planning Area that can support sens itive wildlife species (Figure 3.2 -1). Further, critical habitat for southwestern willow flycatcher occurs along the Mojave River and surrounding riparian corridor that runs through the northern and northeastern portions of the Planning Area (Figure 3.2-4). Thirty-five sensitive wildlife species are either known to occur or have some potential to occur within the vicinity of the Planning Area. Development consistent with the project could result in significant direct and indirect impacts to sensitive wildlife species.
As discussed above, development projects in the Planning Area are required, as a condition of approval, to comply with the Victorville General Plan 2030 Resource Element goals, objectives, and policies related to biological resources (City of Victorville 2008). Specific to sensitive wildlife species, the project would comply with Resource Element Goal 4, Conservation of Important Habitat, which prioritizes the preserv ation of natural communities that supports rare, threatened , or endangered wildlife species and requires biological surveys and assessments of impacts to biological resources for new “greenfield” projects, as part of the City ’s CEQA implementation procedures. Under General Plan Resource Element Goal 4, Policy 4.1.1, projects that would impact sensitive wildlife species habitat would be required to provide restoration of the same type of impacted habitat within an existing, planned , or potential conservation area. Further, consistency with General Plan Resource Element Goal 4, Objective 4.2 and Policy 4.2.1, requires permanent conservation of the Mojave River and riparian corridor, which provides suitable habitat for sensitive wildlife species, and this goal generally prohibits private or public development projects within the Mojave River corridor.
Projects approved in the Planning Area would also be required to comply with General Plan Resource Element Goal 4, Policy 4.1.2, which requires consistency with th e WMP responsibility measures for sensitive wildlife species that occur or have some potential to occur within the Section 3.2: Biological Resources
Draft PEIR 3.2-17 September 2022
City of Victorville General Plan Update
vicinity of the Planning Area (BLM 2004). WMP measures applicable to the Planning Area include those for burrowing owl (surveys, relocation, and reporting), desert tortoise (conservation strategy), Ferruginous hawk (raptor -safe infrastructure), Mojave ground squirrel (conservation strategy), the 10 Mojave River bioregion species (ground water and habitat conservation), and prairie falcon (nest avoidance and noise restrictions).
Development associated with the project in the urban/developed land that occurs in the Planning Area would be less likely to result in impacts to sensitive wildlife species because these areas have been previously disturbed and do not contain suitable habitat for sensitive wildlife species.
Therefore, compliance with the Victorville General Plan 2030 Resource Element goals, objectives, and policies related to biological resources and the WMP responsibility measures for sensitive wildlife species would reduce impacts to sensitive wildlife species to less than significant impacts, and no mitigation is required.
Nesting Birds
Implementation of projects in the Planning Area would have the potential to impact nesting birds.
Activities such as vegetation clearing, grubbing, or trimming could potentially harm active nesting birds. In addition to vegetation disturbance, impacts to nesting birds may include noise and other disturbances due to the proximity of construction activities. Construction activities conducted during the general bird and raptor breeding season (typically January 15 through September 15) could directly or indirectly impact nesting birds and raptors. Implementation of the project would result in potentially significant direct and indirect impacts to nesting birds and raptors.
Significance of Impact
Implementation of the project could have potentially significant direct and indirect impacts to nesting birds and raptors.
Mitigation Measures
Prior to issuance of land development permits, including clearing, grubbing, grading, and construction permits for proposed projects in the City, the following biological resources mitigation measures shall be implemented by project applicants as conditions of approval.
Implementation of Mitigation Measure BIO -1 would require pre -construction nesting bird and raptor surveys for projects in the Planning Area that contain or are adjacent to mature trees, are within or adjacent to undeveloped land and/or open space in the Planning Area, and would remove trees or vegetation to reduce potential impacts to nesting birds and raptors protected by the California Fish and Game Code and Migratory Bird Treaty Act.
BIO-1: Pre-Construction Nesting Bird and Raptor Surveys. To the extent feasible, grubbing, trimming, or clearing of vegetation from the Planning Area shall not occur Section 3.2: Biological Resources
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during the general bird and raptor nesting season (January 15 through September 15).
If grubbing, trimming, or clearing of vegetation cannot feasibly occur outside the general bird and raptor nesting season, a qualified biologist shall perform a pre - construction nesting bird and raptor survey in sites in the Planning Area with vegetation supporting nesting birds and raptors. Nesting bird and raptor surveys shall occur within 10 days before the start of vegetation clearing or grubbing to determine if active bird nests are present. If no acti ve bird nests are identified on a site or within a 300 -foot buffer of the site, no further mitigation is necessary. If active nests of bird species covered by the Migratory Bird Treaty Act are detected on sites in the Planning Area during the 10-day pre-construction survey, construction activities shall stay outside a 300-foot buffer around the active nest. For raptor species, this buffer shall be expanded to 500 feet. It is recommended that a biological monitor be present to delineate the boundaries of the buffer area and to monitor the active nest to ensure that nesting behavior is not adversely affected by construction activity. Once the young have fledged and a qualified biologist has determined the nest is inactive, normal construction activities can occur.
Significance After Mitigation
With implementation of Mitigation Measure BIO-1, impacts to sensitive nesting birds and raptors would be reduced to less than significant.
3.2.4.2 Threshold 2: Riparian Habitat and Other Sensitive Natural Communities Impact Analysis
As discussed in Section 3.2.4.1, although the Planning Area consists primarily of developed land, large areas of sensitive vegetation communities, including the Mojave River and surrounding riparian corridor, scrub, grassland, and woodland, occur around the edges and in the north-central portion of the Planning Area (Figure 3.2-1).
As discussed in Section 3.2.4.1 , development projects in the Planning Area are required, as a condition of approval, to comply with the Victorville General Plan 2030 goals, objectives, and policies related to biological resources (City of Victorville 2008). Specific to sensitive vegetation communities, the project would comply with Goal 4, Conservation of Important Habitat, which prioritizes the preservation of natural communities and requires biological surveys and assessments of impacts to biological resources for new “greenfield” projects, as part of the City’s CEQA implementation procedures. Under General Plan Goal 4, projects that would impact sensitive vegetation communities would be required to provide restoration of the same type of impacted habitat within an existing, planned or potential conservation area. Further, consistency with General Plan Goal 4 requires permanent conservation of the Mojave River and ripa rian corridor, which generally prohibits private or public development projects within the Mojave River Section 3.2: Biological Resources
Draft PEIR 3.2-19 September 2022
City of Victorville General Plan Update
corridor. Development associated with the project in the urban/developed land that occurs in the Planning Area would be less likely to result in impacts to sensitive vegetation communities because these areas have been previously disturbed and do not contain sensitive vegetation communities. Therefore, compliance with the Victorville General Plan 2030 goals, objectives, and policies related to biological resources would reduce impacts to less than significant, and no mitigation is required.
Significance of Impact
Implementation of the project would have less than significant impacts to riparian habitats and other sensitive natural communities.
Mitigation Measures
No mitigation is required.
Significance After Mitigation
Because no mitigation measures are required, impacts would remain less than significant.
3.2.4.3 Threshold 3: Jurisdictional Aquatic Resources
Impact Analysis
As discussed in Sections 3.2.4.1 and 3.2.4.2, development projects in the Planning Area are required, as a condition of approval, to comply with the Victorville General Plan 2030 goals, objectives, and policies related to biological resources (City of Victorville 2008). Specific to jurisdictional aquatic resources, the project would comply with General Plan Goal 4, Objective 4.2 and Policy 4.2.1, which requires permanent conservation of the Mojave River and riparian corridor, and this goal generally prohibits private or public development proj ects within the Mojave River corridor. While it is unlikely that the Mojave River and riparian corridor would be impacted by development, an aquatic resources delineation was not conducted. Potential impacts to state or federal jurisdictional aquatic resou rces would be considered significant and require consultation with and permits from the USACE, RWQCB, and CDFW. An aquatic resources delineation would be required for any impacts to potentially jurisdictional aquatic resources.
Implementation of the project within or adjacent to the Mojave River and riparian corridor or any other potentially jurisdictional aquatic resources could result in significant direct and/or indirect impacts to jurisdictional aquatic resources, and mitigation is required.
Significance of Impact
Implementation of the project could have potentially significant direct and indirect impacts to jurisdictional aquatic resources.
Section 3.2: Biological Resources
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City of Victorville General Plan Update
Mitigation Measures
In the event that state - or federally protected jurisdictional aquatic resources are identifie d on project sites in the Planning Area and cannot be avoided, Mitigation Measures BIO -2 and BIO-3 shall be implemented.
BIO-2: Aquatic Resources Delineation. Future projects within or adjacent to the Mojave River or other aquatic resources that have the potential to impact sensitive aquatic resources shall be required to conduct an aquatic resources delineation following the methods outlined in the 1987 U.S. Army Corps of Engineers Wetland Delineation Manual and the Regional Supplement to the U.S. Army Co rps of Engineers Wetland Delineation Manual: Arid West Region to map the extent of wetlands and non-wetland waters, determine jurisdiction, and assess potential impacts. The aquatic resources shall be conducted by a qualified biologist. The results of the delineation shall be presented in an Aquatic Resources Delineation Report and be incorporated into the California Environmental Quality Act documents required for approval and permitting of the proposed project.
BIO-3: Aquatic Resources Permitting. Future projects within or adjacent to Mojave River or other aquatic resources that have been determined through Mitigation Measure BIO- 2 to have a significant impact to sensitive aquatic resources shall obtain required permits and authorizations from the U.S. Ar my Corps of Engineers, California Department of Fish and Wildlife, and Lahontan Regional Water Quality Control Board.
The regulatory agency authorizations shall include impact avoidance and minimization measures and mitigation measures for unavoidable impa cts. Specific avoidance and minimization measures and mitigation measures for impacts to jurisdictional resources shall be determined through discussions with the regulatory agencies during the proposed project permitting process and may include monetary c ontributions to a mitigation bank or habitat creation, restoration, or enhancement.
Significance After Mitigation
With implementation of Mitigation Measures BIO-2 and BIO-3, impacts to jurisdictional aquatic resources would be reduced to less than significant.
3.2.4.4 Threshold 4: Wildlife Corridors, Habitat Linkages, and Nursery Sites Impact Analysis
The majority of the Planning Area is not likely to function as a wildlife movement corridor because it is primarily made up of urban/developed land. However, the swaths of native habitat around the edges and running through the north -central portion of the Planning Area provide connections to the open space areas within and surrounding the Planning Area that provide local and regi onal Section 3.2: Biological Resources
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movement for both common and sensitive wildlife species. Further, the Mojave River and riparian corridor that runs through the northern and northeastern portion of the Planning Area provides a flyway stopover for migratory birds and raptors and functions as an important wildlife habitat and movement corridor connecting the open spaces within and outside of the Planning Area.
Although development outside of the urban/developed land in the Planning Area would be limited, some new development in undevelop ed areas or around the edges of the Planning Area could occur. New development, particularly in the northern, northeastern, and southeastern portions of the Planning Area adjacent to existing open space, have the potential to impede wildlife movement.
Habitats that support sensitive plant and wildlife species include habitats that provide nursery sites.
Although development in the urban/developed areas within the Planning Area generally would not result in the removal of natural habitat, future development has the potential to remove trees or other vegetation that provides nursery sites to wildlife, particularly birds. Therefore, implementation of projects that would remove trees or vegetation in the Planning Area would result in potentially significant dire ct and indirect impacts to bird and raptor nursery sites, and mitigation is required.
As discussed in Sections 3.2.4.1 through 3.2.4.3, projects in the Planning Area would require subsequent CEQA review for any adverse impacts to wildlife corridors or nurs ery sites. In addition, development projects in the Planning Area would be required to comply with existing regulations and Victorville General Plan 2030 goals, policies, and ordinances, which are intended to protect wildlife movement corridors and nursery sites by protecting large areas of habitat, particularly the Mojave River and riparian corridor. General Plan Goal 4 requires biological resource surveys and mitigation for impacts to sensitive biological resources, including sensitive vegetation communit ies that function as nursery sites for sensitive wildlife species. These measures required by the General Plan and a condition of approval for projects in the Planning Area would protect nursery sites and avoid fragmentation of wildlife movement corridors.
Therefore, impacts to wildlife movement corridors and nursery sites would be less than significant and no mitigation is required.
Significance of Impact
Implementation of the project would result in potentially significant impacts to bird and raptor nursery sites. Implementation of the project would have a less than significant impact to wildlife corridors.
Mitigation Measures
See Mitigation Measure BIO-1.
Section 3.2: Biological Resources
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Significance After Mitigation
With implementation of Mitigation Measure BIO-1, impacts to bird and raptor nursery sites would be reduced to less than significant.
3.2.4.5 Threshold 5: Local Policies or Ordinances
Impact Analysis
Development in the Planning Area is required to comply with goals, policies, and objectives protecting biological resources identified in the Resource Element of the Victorville General Plan 2030 (City of Victorville 2008). Further, the Victorville General Plan 2030 Resource Element Goal 4, Policy 4.1.2, requires consistency with the WMP responsibility measures for sensitive wildlife species that occur or have some potential to occur within the vicinity of the Planning Area (BLM 2004).
As discussed in Secti ons 3.2.4.1, 3.2.4.2, and 3.2.4.4 , potential impacts to sensitive plant and wildlife species, sensitive vegetation communities, and wildlife nursery sites, corridors, and habitat linkages from future projects in the Planning Area would be avoided or reduce d to less than significant through consistency with the Victorville General Plan 2030 and WMP. Therefore, projects in the Planning Area would not conflict with the Victorville General Plan 2030 Goal 4, Objectives 4.1 and 4.2, Policies 4.1.1, 4.1.2, and 4.2 .1, regarding the preservation of open spaces and biological resources in the Planning Area.
As discussed in Sections 3.2.4.1 and 3.2.4.4, potential impacts to nesting birds and jurisdictional aquatic resources would be potentially significant before incor poration of mitigation. With implementation of mitigation measures for sensitive nesting birds and jurisdictional aquatic resources, the project would not conflict with the Victorville General Plan 2030 Goal 4, Objectives
4.1 and 4.2, Policies 4.1.1, 4.1.2 , and 4.2.1, regarding the preservation of open spaces and biological resources in the Planning Area.
As discussed in Section 3.2.4.3, future projects in the planning area would avoid or, if avoidance is not feasible, fully mitigate potential impacts to ju risdictional aquatic resources, thereby complying with the General Plan Goal 4, Objective 4.2 and Policy 4.2.1, which requires permanent conservation of the Mojave River and riparian corridor.
No impacts related to conflicts with applicable policies or ord inances protecting biological resources would occur from implementation of the project.
Significance of Impact
Implementation of the project would have less than significant impacts from conflicts with local policies or ordinances.
Section 3.2: Biological Resources
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City of Victorville General Plan Update
Mitigation Measures
No mitigation is required.
Significance After Mitigation
Because no mitigation measures are required, impacts would remain less than significant.
3.2.4.6 Threshold 6: Regional Conservation Planning
Impact Analysis
As discussed in Section 3.2.2 , the Planning Area is within the W MPA and is subject to the requirements and conservation responsibilities outlined in the plan. Further, the Victorville General Plan 2030 requires consistency with the WMP for all projects in the Planning Area as a condition of approval. Therefore, no impacts to local conservation plans would occur from the implementation of the project.
Significance of Impact
Implementation of the project would have less than significant impacts from conflicts with regional conservation plans.
Mitigation Measures
No mitigation is required.
Significance After Mitigation
Because no mitigation measures are required, impacts would remain less than significant.
3.2.5 Cumulative Impacts and Mitigation
The following sections address various potential cumulative impacts relat ing to biological resources that could result from implementation of the project.
3.2.5.1 Cumulative Threshold 1: Candidate, Sensitive, or Special- Status Species
The area considered for cumulative impacts to sensitive plant and wildlife species includes the City, sphere of influence ( SOI), and immediately surrounding lands and waterways. Cumulative development in combination with the projects in the Planning Area may impact sensitive plant and wildlife species, including nesting birds and raptors . Implementation of future projects in the Planning Area could change density and intensity of existing land uses. However, all projects, approved in the City’s jurisdiction are required to be consistent with the Victorville General Plan 2030 Resource Element biological and open space goals, policies, and objectives (City of Victorville 2008) , Victorville land use and development ordinances , and WMP . Furthermore, impacts to sensitive plant species would be less than significant and impacts to sensitive wildlife Section 3.2: Biological Resources
Draft PEIR 3.2-24 September 2022
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species, specifically nesting birds and raptors, associated with future development in the Planning Area would be less than significant with mitigation incorporated. Therefore, the projects in the Planning Area would have incremental contribution to cumulative impacts a ssociated with sensitive plant and wildlife species, and impacts to sensitive plant and wildlife species would not be cumulatively considerable. Cumulative impacts would be less than significant, and no mitigation is required.
3.2.5.2 Cumulative Threshold 2: Riparian Habitat and Other Sensitive Natural Communities
The area considered for cumulative impacts to riparian habitat and other sensitive natural communities includes the City, SOI, and immediately surrounding lands and waterways.
Cumulative development in co mbination with the projects in the Planning Area may impact riparian habitat and other sensitive natural communities. Implementation of future projects in the Planning Area could change density and intensity of existing land uses. However, all projects, approved in the City’s jurisdiction are required to be consistent with the Victorville General Plan 2030 Resource Element biological and open space goals, policies, and objectives (City of Victorville 2008) , Victorville land use and development ordinances , a nd WMP . Furthermore, impacts to riparian habitat and other sensitive natural communities associated with future development in the Planning Area would be less than significant. Therefore, the projects in the Planning Area would have incremental contribution to cumulative impacts associated with riparian habitat and other sensitive natural communities, and impacts to riparian habitat and other sensitive natural communities would not be cumulatively considerable. Cumulative impacts would be less than significant, and no mitigation is required.
3.2.5.3 Cumulative Threshold 3: Jurisdictional Aquatic Resources The area considered for cumulative impacts to jurisdictional aquatic resources includes the City, SOI, and immediately surrounding lands and waterways. Cumulative development in combination with the projects in the Planning Area may impact jurisdictional aquatic resources. Implementation of future projects in the Planning Area could change density and intensity of existing land uses.
However, all projects, a pproved in the City ’s jurisdiction are required to be consistent with the Victorville General Plan 2030 Resource Element biological and open space goals, policies, and objectives (City of Victorville 2008), Victorville land use and development ordinances, and WMP.
Furthermore, impacts to jurisdictional aquatic resources associated with future development in the Planning Area would be less than significant with mitigation incorporated. Therefore, the projects in the Planning Area would have incremental contr ibution to cumulative impacts associated with jurisdictional aquatic resources , and impacts to jurisdictional aquatic resources would not be cumulatively considerable. Cumulative impacts would be less than significant, and no mitigation is required.
Section 3.2: Biological Resources
Draft PEIR 3.2-25 September 2022
City of Victorville General Plan Update
3.2.5.4 Cumulative Threshold 4: Wildlife Corridors, Habitat Linkages, and Nursery Sites
The area considered for cumulative impacts to wildlife corridors, habitat linkages and nursery sites includes the City, SOI, and immediately surrounding lands and waterways. Cumulative development in combination with the projects in the Planning Area may impact wildlife corridors, habitat linkages and nursery sites . Implementation of future projects in th e Planning Area could change density and intensity of existing land uses. However, all projects, approved in the City ’s jurisdiction are required to be consistent with the Victorville General Plan 2030 Resource Element biological and open space goals, poli cies, and objectives (City of Victorville 2008) , Victorville land use and development ordinances , and WMP . Furthermore, impacts to wildlife corridors, habitat linkages and nursery sites associated with future development in the Planning Area would be less than significant. Therefore, the projects in the Planning Area would have incremental contribution to cumulative impacts associated with wildlife corridors, habitat linkages and nursery sites, and impacts to wildlife corridors, habitat linkages and nursery sites would not be cumulatively considerable. Cumulative impacts would be less than significant, and no mitigation is required.
3.2.5.5 Cumulative Threshold 5: Local Policies or Ordinances The area considered for cumulative impacts from conflicts with local policies and ordinances includes the City and SOI. Cumulative development in combination with the projects in the Planning Area may result in impact from conflicts with local policies and ordinances .
Implementation of future projects in the Planning Area c ould change density and intensity of existing land uses. However, all projects, approved in the City ’s jurisdiction are required to be consistent with the Victorville General Plan 2030 Resource Element biological and open space goals, policies, and objecti ves (City of Victorville 2008) , Victorville land use and development ordinances, and WMP . Furthermore, impacts from conflicts with local policies and ordinances associated with future development in the Planning Area would not occur. Therefore, the projects in the Planning Area would not contribute to cumulative impacts associated with conflicts with local policies and ordinances, and impacts from conflicts with local policies and ordinances would not be cumulatively considerable. Cumulative impacts would b e less than significant, and no mitigation is required.
3.2.5.6 Cumulative Threshold 6: Regional Conservation Planning The area considered for cumulative impacts from conflicts with regional conservation planning includes the area covered by the WMP. Cumulative development in combination with the projects in the Planning Area may result in impact from conflicts with regional conservation plans .
Implementation of future projects in the Planning Area could change density and intensity of existing land uses. However, all projects, approved in the City ’s jurisdiction are required to be Section 3.2: Biological Resources
Draft PEIR 3.2-26 September 2022
City of Victorville General Plan Update
consistent with the Victorville General Plan 2030 Resource Element biological and open space goals, policies, and objectives (City of Victorville 2008) , Victorville land use and developme nt ordinances, and WMP . Furthermore, impacts from conflicts with regional conservation plans associated with future development in the Planning Area would not occur. Therefore, the projects in the Planning Area would not contribute to cumulative impacts as sociated with conflicts with regional conservation planning, and impacts from conflicts with regional conservation plans would not be cumulatively considerable. Cumulative impacts would be less than significant, and no mitigation is required.
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City of Victorville
Vegetation Communities
and Land Cover Types
Alkali Desert Scrub
Annual Grassland
Barren
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Desert Scrub
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Fresh Emergent Wetland
Irrigated Row and Field Crops
Joshua Tree
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Riverine
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Vegetation Communities and Land Cover Types
Source: CDFW 2011; ESRI 2021
Figure 3.2-1
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Aquatic Feature Type
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Aquatic Resources
Source: USFWS National Wetland Inventory 2022; ESRI 2021 Figure 3.2-2
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1-Mile Buffer
Amphibian Species
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Sensitive Species Potential to Occur
Source: CNDDB 2022; ESRI 2021
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Critical Habitat
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Source: USFWS 1994, 2011, 2013; ESRI 2021
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Section 3.3: Cultural Resources and Tribal Cultural Resources Draft PEIR 3.3-1 September 2022
City of Victorville General Plan Update
3.3 Cultural Resources and Tribal Cultural Resources
This section evaluates the potential for impacts to cultural resources and Tribal Cultural Resources (TCRs) resulting from implementation of the proposed City of Victorville General Plan Update (project) and identifies known and potential cultural resources and TCRs within the City and its sphere of influence, referred to as the Planning Area. The analysis in this section is based on the Cultural Resources Technical Report for the City of Victorville General Plan Update Environmental Assessment prepared by Red Tail Environmental (2022) (Appendix D).
3.3.1 Existing Conditions
3.3.1.1 Prehistoric Period
While no single arc haeological chronology is agreed upon, archaeologists generally concur that human occupation within Southern California spans at least the last 14,000 years. The City has previously identified five prehistoric periods within the Mojave Desert that have bee n identified by changes in the archaeological remains: The Lake Mohave Period, the Pinto Period, the Gypsum Period, the Saratoga Springs Period and Proto-historic Period (City of Victorville 2008).
Paleo-Indian/Lake Mohave Period (12,000 Years to 7,000 Years Ago) As in most of North America, the Paleo -Indian Period is the earliest recognized period of California prehistory and coincides with the end of the late Pleistocene, circa 11,000 to 13,000 years before present. The environment was cool and moist, wit h deep pluvial lakes in the desert and basin lands. However, by the end of the late Pleistocene, the climate became warmer, causing glaciers to melt and the sea level to rise. Inland lakes began to recede and evaporate, and a great deal of erosion occurred in the coastal areas. The warmer climate also resulted in major vegetation changes and the extinction of Pleistocene megafauna (Appendix D).
Paleo-Indian sites have been identified across most of North America, often referred to as the “Clovis Complex.” The Clovis Complex is defined by the use of large fluted projectile points and other large bifacial stone tools. In Southern California and the Colorado Desert, the Clovis Complex is referred to as the “Western Stemmed Point Tradition” and is characterized by leaf-shaped and large-stemmed projectile points, scrapers, and other stone tools. Overall, ground stone use was infrequent during this period, leading to the belief that people during this period were highly mobile groups and their subsistence practices focused on the hunting of large game. Sites during this period within the region are rare and the absence of house remains suggests that people during this period were highly mobile, centered around permanent water sources, and left few archaeological traces.
There was a greater concentration of archaeological sites near the coast and along the Colorado River floodplain during this period. Human occupation during this period was focused around the Section 3.3: Cultural Resources and Tribal Cultural Resources Draft PEIR 3.3-2 September 2022
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eastern Colorado Desert , and the surrounding desert areas were used as special resource procurement and foraging areas but could not sustain long-term use (Appendix D).
Pinto Period (7,000 Years to 4,000 Years Ago)
The Pinto Period marks the archaeological complex following the disappearance of the Pleistocene Lakes, during the Middle Holocene, and the increasing aridity of the region. Archaeological sites from this period have a much more diverse artifact assemblage than the Lake Mojave Period and consist of Pinto projectile poin ts, leaf-shaped points and knives, domed and elongated scrapers, flake scrapers, drills, engraving tools, and milling equipment. In addition, lithic sources have a lack of diversity, showing less distance traveled and/or less trading than the Lake Mojave P eriod (Appendix D).
Archaeological sites from the Pinto Period have been found along pluvial lake basins, stream channels, springs, and upland areas and archaeological evidence shows that sites were occupied for long periods by fairly large groups. Some sites have been identified as residential centers from which trips to gather from different resource locations were undertaken, based on the higher presence of milling tools at the residential centers (Appendix D).
Gypsum Period (4,000 Years to 1,500 Years Ago)
The Gypsum Period, also called the Elko Period, spanned the cooler, wetter Late Holocene Period and extended as the region again became warmer and drier. While Gypsum Period sites are found frequently in the northern Mojave Desert, few have been identi fied on its southern and eastern portions (Appendix D).
Artifacts that define this period include medium to large -stemmed and notched projectile points, such as Elko Eared, Elko Corner-notched, Gypsum Cave, and Humboldt Concave Base points; an increase in ritual items such as quartz crystals, paint, and rock art ; and an increase in bifaces and grinding implements (Appendix D).
Archaeological evidence has identified an approximately 1,000-year hiatus between the Pinto and Gypsum Periods. Little is known about why the population would have dropped during this period, but the dramatic drop in population between the periods is used to define the periods.
Subsequently, during the end of the Gypsum Period a population increase has been noted (Appendix D).
Saratoga Springs Period (1,500 Years to 800 Years Ago)
The Saratoga Springs Period has been referred to as the Rose Spring Period and the Amargosa Period. During this period the lake stands within the region were again high and sustenance focused on lacustrine resources (Appendix D). Archaeological sites from this period are found in a larger number of environmental zones and geographic areas, including rock shelters, springs, colluvial fans, Section 3.3: Cultural Resources and Tribal Cultural Resources Draft PEIR 3.3-3 September 2022
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drainages, lakeshores, creek junctures streams , and mountain ranges. Artifacts from this period focused on projectile points, knives, drills, stone pipes, bone awls, a wide variety of milling equipment, marine shell artifacts, and large quantities of obsidian for lithic tools. During this period, use of the bow and arrow spread across the region. There is strong evidence for the use of structures.
Pro-Historic Period (800 Years Ago to European Contact) There are differing opinions between researchers as to whether the shift to the Proto -Historic Period was caused by new technologies developed by people already living in the area, spurred by changing environmental conditions, or if it was brought in by a migration of people into Southern California. Either way the transition into the Proto-Historic Period within the region is associated with more specific regional developments across the Mojave Desert. Environmental conditions varied and along the Colorado River, within portions of the eastern Mojave Desert, agriculture became established. Archaeological s ites during this period represent a variety of site types including major villages with associated cemeteries, along with special purpose and seasonal sites (Appendix D).
The Proto-Historic Period, is also referred to as the Late Prehistoric Period and is through to be a continuation of the peoples living in the region during the beginning of the Ethnographic and Historic Periods. This period is marked by a change in subsistence and settlement, likely resulting from an increasing aridity of the region. Settlements are concentrated along springs, streams, and wells, including both residential centers, major villages, and seasonal sites used for procuring specific resources only. It is unknown if the lower population seen during this period was a reaction to t he environmental changes or possibly the result of European introduced diseases and the removal of Native American people to the mission system (Appendix D).
Archaeological evidence within the vicinity of Victorville, during this period has been identified at the Oro Grande site (SBR -72), located several miles north of the City. This site was first occupied ca. 6,000 years ago, then it was abandoned and reinhabited ca. 500 B.C. to A.D. 1500.
Also, the Deep Creek Site, SBR- 176, located near the confluence of the Mojave River and Deep Creek, to the south of the City, was dated to the Proto-Historic Period and contained a stone floor, several house pits, a rock cluster, and a large lithic assemblage (Appendix D).
3.3.1.2 Ethnohistoric Period
Ethnographic sources for the region are sparse and report that several different Native American groups were present within the region. Sutton et al. (2007) states that the Mojave River was an important boundary between Numic and Takic groups during the Proto-Historic and Ethnographic Periods. Ethnographic accounts within the vicinity of Victorville focus on the Vanyumé, or Desert Serrano, and the Chemehuevi. Other groups with traditional territories within the region and who may have used the Planning Area or the vicinity include t he Kitanemuk and the Kawaiisu (Appendix D).
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Vanyumé, or Desert Serrano
By the Ethnohistoric Period, the Vanyumé, or Desert Serrano, occupied the length of the Mojave River and adjacent areas from Victorville and Hesperia to east of Barstow. The Vanyumé were the desert division of the Serrano, differing from other Tribes in San Bernardino County (County) by their adaptation to the harsh desert climate. The Kitanemuk and Serrano were affiliated with the Vanyumé, although the boundaries between these Tribes are not clearly understood (Appendix D).
The Vanyumé, like most other desert Tribes, settled near sources of water to maximize available resources. The Mojave River was a major trade route that linked the southern San Joaquin Valley and Southern California c oast with the Southwest and the Colorado River. It is likely the exploitation of salt sources contributed to the Vanyumé occupation of the lower Mojave River.
There was significant demand for salt in native communities in the San Bernardino Mountains.
The benefits of this long -distance exchange route likely helped support Vanyumé occupation of the river.
Chemehuevi
The Chemehuevi were encountered by the early Spanish explorers from the late 1700s through the early 1800s within various locations the region. The Chemehuevi territory was estimated about 9,000 square miles, one of the largest in California, most of which was resource poor and ranged from Soda Lake to the Avawatz, Providence and Kingston Mountain Ranges to Death Valley, Tehachapi, and south to the San Bernardino Mountains. The boundary between t he Chemehuevi and the Serrano has been ill -defined and may have overlapped. The traditional Chemehuevi territory was greatly impacted by European encroachment and violence, and many were displaced by the time ethnographic accounts were recorded. The Chemehuevi Indians were thought to be the southernmost branch of the Southern Paiute Nation. They referred to themselves as the Nuwuvi, meaning “people” (Appendix D).
3.3.1.3 Historic Period
Post-contact history for the State of California is generally divided into three specific periods: the Spanish Period (1769–1821), the Mexican Period (1821–1848), and the American Period (1848–present).
Spanish Period (ca. 1769–1821)
Along the coast of California, Spanish explorers began making expeditions between the mid-1500s and 1700s. Juan Rodríguez Cabríllo, a Portuguese in Spanish service, explored Catalina Island and the San Pedro and Santa Monica Bays and also stopped in 1542 at present day San Diego Bay.
Sebastián Vizcaíno, a Spanish naval officer, spent much of the late 1500 s mapping the coast of California north into Oregon. The Spanish crown laid claim to California based on the surveys conducted by Cabríllo and Vizcaíno (Appendix D). While none of these expeditions may have had Section 3.3: Cultural Resources and Tribal Cultural Resources Draft PEIR 3.3-5 September 2022
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direct contact with the vicinity of the Planning Area, it is likely that Old World diseases and other indirect impacts reached the Native Americans living in the Planning Area.
The Colorado Desert region first came to the attention of Europeans in 1539–1540, when Francisco de Ulloa reached the northe rn limit of the Gulf of California, Hernando de Alarcón sailed up the lower Colorado River at least as far as present day Yuma, and Melchior Díaz traveled overland from Sonora to reach and cross the river. The portions of the desert west of the Colorado Ri ver were first visited only as late as the 1770s, when Juan Bautista de Anza and Francisco Garcés pioneered a route from the Colorado River to coastal Southern California. The Spanish attempted to establish two missions within the Colorado River region; however, both were destroyed by the Quechan in 1781 . This began a war between the Spaniards and the Quechan, which ended the Spanish attempt to develop an overland route to Alta California (Appendix D).
Mexican Period (1821–1848)
After years of sporadic rebellion and warfare, New Spain (Mexico and the California territory) won independence from Spain in 1821, marking the beginning of the Mexican Period. As the ports in California were opened to foreign ships, the populations near the coast grew. However, the inland valleys and desert remained largely vacant of European settlers except for use as grazing lands for cattle.
In 1825, the Mexican government again attempted to create an overland route through the vicinity of the Planning Area, and they established a fort, known as “Laguna Chapala,” west of the City of El Centro (City) near the current town of Westmoreland. The fort was again attacked, and the Mexican soldiers withdrew to San Diego. The Mexican government secularized the California missions in 183 3, and much of the mission lands were included in the land grants. After the secularization of the mission system, many neophytes escaped to the desert. Otherwise, the vicinity of the Planning Area remained desolate and isolated (Appendix D).
3.3.1.4 American Period (1848–Present)
State of California
The signing of the Treaty of Guadalupe Hidalgo in 1848, ended the Mexican American War and marks the beginning of the American Period, when California became a territory of the United States. California became the 31st state in 1850 and within 3 years the population of California had increased to more than 300,000.
John Fremont was the next American to travel through the Mojave Desert, several times in the 1840s and 1850s, generally following trails and routes utilized by Native American groups. Travel across the Mojave Desert grew exponentially during the gold rush. Eventually mining began in the Mojave Desert as well.
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Large deposits of gold, silver, tin, lead, copper, antimony, zinc, tungsten, sand, salt, borax, iron , and others have been found in the region. Infrastructure and additional development quickly followed mining, providing transportation, lodging, and supplies for the workers. During this period the Mojave Road was further developed to allow for supply wagons and postal services and military presence. Later the Mormon Trail or Salt Lake Trail also followed the alignment of the Old Spanish Trail and Mojave Road. By the mid- 1850s there was regular mail service along what was now known as the Salt Lake Road (Appendix D).
Prior to December 1858 , the first Euro -American settlement had been developed within the Planning Area, as Captain Aaron Lane settled along the Mojave River. By 1860 , census records showed there were at least 10 people and two residences at what became known as Lane’s Crossing (Appendix D).
It was originally known as Mormon Crossing, then Huntington Station, when it became a railroad stop the name was changed to Victor in honor of California Southern Railroad ’s construction superintendent Jacob Nash Victor, circa 1885. Jacob Nash Victor was a construction superintendent for the California Southern Railroad. The original settlement was established around the railroad sta tion, which was located approximately 1 mile northwest of the Mojave Narrow Regional Park.
The first transcontinental railroad reached the region in 1883 built by the California Southern Railroad (later Atchison, Topeka and Santa Fe Railway) under the supervision of L. N. Victor, the line reached the Atlantic & Pacific junction at Barstow/Daggett in 1885. Numerous spur tracks were developed following the railroad line to support mining across the desert.
City of Victorville
By 1901 the area was referred to as Victorville and the several residents had begun agricultural production (City of Victorville 2008). Shortly large deposits of limestone and granite were discovered in the vicinity which brough t cement manufacturing to the area. Further development followed with the establishment of Route 66 through the City.
Within the region population grew during the first few decades of the 1900s as agriculture, ranching, and mining expanded. Also, within the early 1900s, the Victor Valley became known as Hollywood’s Hideaway, used in silent films through today, as movie stars used to stay in nearby ranches, especially Verde Ranch.
Besides mining and ranching development within the region was slow. However, Victorville became a major stop along Route 66, bringing addit ional development, infrastructure, and residents to the City. The first section of Route 66 was paved between 1913 and 1915 and was located between Los Angeles and the Cajon Summit. The segment of Route 66 between the Cajon Summit and Victorville was paved in 1920, and Victorville to Needles was paved in 1926. Several Section 3.3: Cultural Resources and Tribal Cultural Resources Draft PEIR 3.3-7 September 2022
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tourist associations remain from the previous importance of Route 66 through Victorville.
Rockfield Bridge, between Oro Grande and Victorville, opened in February 1931, crossing the Mojave River at one of the only locations it flows above ground year-round.
The bridge was bypassed in 1972. The California Route 66 Museum, located in the City’s first bank building, was built in 1918. Several motels and café associated with Route 66 were opened during the 1920s, 1930s, and 1940s (Appendix D).
During World War II , use of the Victor Valley greatly expanded , and the Victorville Army Airfield, later renamed George Air Force Base, was constructed. The base was established in June 1941 and, at its peak capacity, employed approximately 6,000 civilian and military personnel. The base was deactivated on December 15, 1992 , and on July 21, 1993, it was annexed into the City and has since been developed as the Southern California Logistics Airport. Victorville was incorporated on September 21, 1962, with a population of 8,111. By 1995 the City limits have expanded to 67.88 square miles with a population of 60,648.
3.3.1.5 Cultural Resources
Cultural resources are districts, buildings, sites, structures, areas of traditional use, or objects that represent the physical evidence of human activities. Cultural resources can be divided into two categories: archaeological resources (prehistoric and historic) and built environment resources (architectural). A record search of th e California Historical Resources Inventory System held by the South Central Coast Information Center was conducted on January 26, 2022. The record search identified 365 previously recorded cultural resources in the City. A complete list of the previously recorded cultural resources can be found in Appendix D. The 365 resources included 119 prehistoric resources, 216 historic resources, and 11 multicomponent resources, whi ch contain both prehistoric and historic elements. Nineteen site records were unknown resources, as the records were incomplete and did not contain descriptions of the recorded resources.
3.3.1.6 Built Environmental Resources
A record search of the California Historical Resources Inventory System held by the South Coastal Information Center was completed for the built environmental resources in the City. No historic addresses were available.
Federal
The Built Environment Resource Directory (BERD) held by the California Office of Historic Preservation identifies resources that are listed on the National Register of Historic Places (NRHP) or California Register of Historical Resources (CRHR) or have been evaluated for eligibility. The BERD provides information, organi zed by county, regarding non -archaeological resources that have been processed through the California Office of Historic Preservation. The list identified 29 Section 3.3: Cultural Resources and Tribal Cultural Resources Draft PEIR 3.3-8 September 2022
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resources within the City. The complete list can be found in Appendix D. Six resources (P -36- 002910, U.S. Highway 66; P -36-004411, The Mormon Trail/Mormon Road; P -36-004272, Old Spanish Trail; P -36-018738, U.S. Highway 66; Alert Road; and 13746 Alert Road) have been listed or recommended eligible to be listed on the NRHP or the CRHR.
State
A review of California Historical Resources List held by the California Office of Historic Preservation includes resources that are listed on the NRHP or CRHR or listed as a State of California Landmark or Point of Interest. The list identified the following four reso urces in the City. These include U.S. Highway 66, the Old Spanish Trail, the Mormon Trail or Mormon Road, and the Site of Hula Ville.
Local
The City of Victorville ’s Old Town Specific Plan identified nine previously recorded historical/archaeological sites in the Planning Area which have been previously evaluated and determined eligible for listing on the NRHP (City of Victorville 2008).
The Victorville Chamber of Commerce previously designated 17 sites in the downtown area as “points of local historical interest ” (City of Victorville 2008). The sites are present ed as a concentration of early 20th century buildings, both residential and commercial, in the downtown area around Victorville’s traditional town center, including A through E Streets, 1st through 11th Streets, and southwest from A Street along 6th Street, 7th Street, Yucca Avenue, and Forrest Avenue.
3.3.1.7 Tribal Cultural Resources
TCRs are defined as “sites, features, places, cultural landscapes, sacred places, and objects” that are of cultural value to a California Native American tribe and that are either on or determined eligible for inclusion on the CRHR or a local register of historical resources. In addition, a resource determined by a lead agency, at its discretion and supported by substantial evidence, to be significant under the criteria set forth in subdivision (c) of the California Public Resource Code, Section 5024.1, is a TCR under the California Environmental Quality Act (CEQA) (California Public Resources Code, Section 21074).
A record search of the Sacred Lands File (SLF) held by the Native American Heritage Commission (NAHC) was requested on December 6, 2020. On December 21, 2020, NAHC responded that the record search of the SLF was positive and recommended that the Chemehuevi Indian Tribe and the San Manuel Band of Mission Indians be contacted for additional information, in addition to eight other tribal organizations and individuals. On December 23, 2020, letters were sent to the 10 Native American tribal organizations and individuals requesting any information they may have Section 3.3: Cultural Resources and Tribal Cultural Resources Draft PEIR 3.3-9 September 2022
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on cultural resources in the Planning Area. The contacts provided by the NAHC are from the following 10 Native American groups:
Chemehuevi Indian Tribe, Charles Wood, Chairperson
Kern Valley Indian Community, Robert Robinson, Chairperson Morongo Band of Mission Indians, Robert Martin, Chairperson Quechan Tribe of the For Yuma Reservation, Jill McCormick, Historic Preservation Officer San Fernando Band of Mission Indians, Donna Yocum, Chairperson San Manuel Band of Mission Indians, Jessica Mauck, Director of Cultural Resources Serrano Nation of Mission Indians, Mark Cochrane, Co-Chairperson Serrano Nation of Mission Indians, Wayne Walker, Co-Chairperson Tubatulabals of Kern Valley, Robert L. Gomez, Chairperson Twenty-Nine Palms Band of Mission Indians, Darrell Mike, Chairperson On December 23, 2020, Jill McCormick, Historic Preservation Officer, Quechan Tribe of the Fort Yuma Reservation, responded via email that they do not wish to comment on the project, and defer to more local Tribes.
On December 28, 2020, Mr. Ryan Nordness, Cultural Resources Analyst for the San Manuel Band of Mission Indians (SMBMI), responded that the Planning Area contains several tribal resource loci, mostly distributed on both sides of the Desert Knolls Wash, the Lower Slough, and the Mojave Narrows Regional Park shorelines. These loci are composed of lithic scatters, ceramic scatters, bedrock milling features, petroglyphs, cairns, pictographs, trai ls/linear earthworks, and rock shelters. These sites surround a known village site, Patkaits. Also butting against the Rockview Nature Park are a great number of archaeological sites surrounding the Serrano ancestral village of Topipabit. These sites have the same components as those surrounding Patkaits. An additional series of sites exist east of Mesa Linda Avenue, west of Amargosa Road, south of Hopland Street, and north of Palmdale Road. The Planning Area is of great concern to SMBMI, and they are very interested in consulting whenever this project moves forward.
On July 22, 2021 and August 9, 2021 all Tribes requesting notice pursuant to Assembly Bill 52 (AB 52) as well as those included on the list provided by the NAHC pursuant to Senate Bill 18 (SB 18) were sent letters regarding opportunity for consultation for the Housing Element update portion of this General Plan Update. On August 31, 2022, the Tribes were sent additional letters requesting consultation for the proposed project in accordance with AB 52 and SB 18.
To date no additional responses have been received. All correspondence pertaining to the NAHC is included in Appendix D.
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3.3.2 Regulatory Framework
This section describes the federal, state, and local regulatory framework adopted to address cultural resources and TCRs.
3.3.2.1 Federal
Native American Graves Protection and Repatriation Act
The Native American Graves Protection and Repatriation Act (NAGPRA) of 1990 (25 USC 3001 et seq.) protects human remains, funerary objects, sacred objects, and items of cultural patrimony of indigenous peoples on federal lands. NAGPRA stipulates priorities for assigning ownership or control of such cultural items excavated or discovered on federal or tribal lands or in the possession and control of an agency that has received federal funding. Thus, NAGPRA may apply to the City if it receives federal funding and takes possession and control of the items described above.
NAGPRA also provides for the repatriation of human remains and associated items previously collected from federal lands and in the possession or control of a federal agency or federally funded repository. Implementing regulations are codified in Title 43, Part 10, of the Code of Federal Regulations. In addition to defining procedures for dealing with previously collected human remains and associated items, these regulations outline procedures for negotiating plans of action or comprehensive agreements for t reatment of human remains and associated items encountered in intentional excavations or inadvertent discoveries on federal or tribal lands.
American Antiquities Act
The Antiquities Act of 1906 (PL 59 -209; 34 Statute 225; 16 USC 431 –433) was the first fede ral law to provide protection of historical and prehistoric resources on federal land. This act prohibits any excavation on public land without permission of the appropriate department secretary. The act authorizes the Secretaries of the Interior, Agricult ure, and Army to grant permission to reputable institutions to conduct research (including excavation) to increase knowledge and the permanent preservation of antiquities in public museums. This act authorizes the President to declare areas of federal land s as national monuments. Preservation of American antiquities (43 CFR Part 3) implements the act, defining jurisdiction over cultural resources on federal land and the permit process for excavations.
National Historic Landmarks Program
The National Histori c Landmarks Program (NHLP) was established to preserve, protect, and maintain U.S. National Historic Landmarks. The NHLP is “a list of nationally significant historic places designated by the Secretary of the Interior because they possess exceptional value or quality in illustrating or interpreting the heritage” (NPS 2018) of the United States. The difference between Section 3.3: Cultural Resources and Tribal Cultural Resources Draft PEIR 3.3-11 September 2022
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the NHLP and the NRHP is that the NHLP contains properties that are important to the entire nation, rather than properties that can be important to local, state, or federal levels.
National Historic Preservation Act
The National Historic Preservation Act of 1966 established the NRHP as the official federal list of cultural resources that have been nominated by state offices for their historical significance at the local, state, or national level. Listing on the NRHP provides recognition that a property is significant to the nation, the state, or the community and requires that federal agencies consider historical values in the planning for federal and federally assisted projects. Properties listed in the NRHP, or “determined eligible” for listing, must meet certain criteria for historical significance and possess integrity of form, location, and setting. Structures and features must usually be at least 50 years old to be considered for listing on the NRHP, barring exceptional circumstances. Criteria for listing on the NRHP, which are set forth in Title 36, Part 63, of the Code of Federal Regulations (36 CFR Part 63), are significance in American h istory, architecture, archaeology, engineering, and culture as present in districts, sites, buildings, structures; and objects that possess integrity of location, design, setting, materials, workmanship, feeling, and association.
Eligible properties must m eet at least one of the criteria and exhibit integrity, measured by the degree to which the resource retains its historical properties and conveys its historical character, the degree to which the original fabric has been retained, and the reversibility of changes to the property. The fourth criterion is typically reserved for archaeological resources. These criteria have largely been incorporated into CEQA Guidelines, Section 15064.5.
National Register of Historic Places
The NRHP was established by the National Historic Preservation Act of 1966 as “an authoritative guide to be used by federal, state, and local governments, private groups and citizens to identify the nation’s cultural resources and to indicate what properties should be considered for protection from destruction or impairment ” (36 CFR 60.2). The NRHP recognizes properties that are significant at the national, state, and local levels. In general, a resource must be 50 years of age to be considered for the NRHP, unless it satisfies a standard of exceptional importance. To be eligible for listing in the NRHP, a resource must be significant in American history, architecture, archaeology, engineering, or culture. Districts, sites, buildings, structures, and objects of potential significance must als o possess integrity of location, design, setting, materials, workmanship, feeling, and association. A property is eligible for the NRHP if it is significant under one or more of the following criteria:
Criterion A: It is associated with events that have made a significant contribution to the broad patterns of our history;
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Criterion C: It embodies the distinctive characteristics of a type, period, or method of construction, or represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction; and/or
Criterion D: It has yielded, or may be likely to yield, information important in prehistory or history.
In addition to meeting these criteria, a property must retain historical integrity, which is defined in National Register Bulletin 15 as the “ability of a property to convey its significance” (NPS 2002).
To assess integrity, the National Park Service recognizes seven aspects or qualities that, considered together, define historical integrity. To retain integrity, a property must possess several, if not all, of the following seven qualities:
1. Location: The place where the historic property was constructed or the place where the historic event occurred
2. Design: The combination of elements that create the form, plan, space, structure, and style of a property
3. Setting: The physical environment of a historic property
4. Materials: The physical elements that were combined or deposited during a particular period of time and in a particular pattern or configuration to form a historic property
5. Workmanship: The physical evidence of the crafts of a particular culture or people during any given period in history or prehistory
6. Feeling: A property’s expression of the aesthetic or historic sense of a particular period of time
7. Association: The direct link between an important historic event or person and a historic property
3.3.2.2 State
Assembly Bill 52
AB 52 amends CEQA Guidelines, Section 15064.5, to require TCRs to be considered as potentially significant cultural resources. It requires that CEQA lead agencies consult with Tribes that have requested consultation at initiation of the CEQA process to ide ntify and evaluate the significance of these resources.
California Environmental Quality Act and California Register of Historical Resources
CEQA requires that all private and public activities not specifically exempted be evaluated against the potential for environmental damage, including effects to historical resources. Historical resources are recognized as part of the environment under CEQA . The act defines historical Section 3.3: Cultural Resources and Tribal Cultural Resources Draft PEIR 3.3-13 September 2022
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resources as “any object, building, structure, site, area, or place that is historically significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals of California” (California Public Resources Code, Section 5021.1[b]).
Lead agencies have a responsibility to evaluate historical resources against the CRHR criteria prior to making a finding as to a proposed project’s impacts to historical resources. Mitigation of adverse impacts is required if the proposed project will cause substantial adverse change. Substantial adverse change includes demolition, destruction, relocation, or alteration such that the significance of a historical resource would be im paired. While demolition and destruction are fairly obvious significant impacts, it is more difficult to assess when change, alteration, or relocation crosses the threshold of substantial adverse change. The CEQA Guidelines provide that a project that demolishes or alters those physical characteristics of a historical resource that convey its historical significance (i.e., its character-defining features) is considered to materially impair the resource’s significance. The CRHR is used in the consideration of historical resources relative to significance for purposes of CEQA. The CRHR includes resources listed in, or formally determined eligible for listing in, the NRHP and some California State Landmarks and Points of Historical Interest.
Properties of local significance that have been designated under a local preservation ordinance (local landmarks or landmark districts), or that have been identified in a local historical resources inventory, may be eligible for listing in the CRHR and are presumed to be sig nificant resources for purposes of CEQA unless a preponderance of evidence indicates otherwise.
Generally, a resource shall be considered by the lead agency to be “historically significant” if the resource meets the criteria for listing on the CRHR (Califo rnia Public Resource Code, Section 5024.1; California Code of Regulations, Title 14, Section 4852), which consist of the following:
Criteria 1: It is associated with events that have made a significant contribution to the broad patterns of local or regiona l history, or the cultural heritage of California or the United States; or
Criteria 2: It is associated with the lives of persons important to local, California, or national history; or
Criteria 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values; or Criteria 4: It has yielded, or has the potential to yield, information important to the prehistory or history of the local area, California, or the nation.
California State Senate Bill 18
California State Senate Bill (SB) 18 requires local city and county governments to consult with California Native American Tribes to aid in the protection of traditional tribal cultural places (cultural places) through local land use planning. SB 18 also requires the Governor ’s Office of Section 3.3: Cultural Resources and Tribal Cultural Resources Draft PEIR 3.3-14 September 2022
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Planning and Research to include in the General Plan Guidelines advice to local governments for how to conduct these consultations.
The intent of SB 18 is to provide California Native American Tribes an opportunity to participate in local land use decisions at an early planning stage for the purpose of protecting or mitigating impacts to cultural places. The purpose of involving Tribes at these early planning stages is to allow consideration of cultural places in the context of broad local land use policy before individual site- specific, project-level land use decisions are made by a local government. SB 18 refers to California Public Resources Code, Sections 5097.9 and 5097.995, to define cultural places as follows:
Native American sanctified cemetery, place of worship, religious or ceremonial site, or sacred shrine (California Public Resources Code, Section 5097.9) Native American historic, cultural, or sacred site, that is liste d or may be eligible for listing in the California Register of Historic al Resources pursuant to Section 5024.1, including any historic or prehistoric ruins, any burial ground, any archaeological or historic site (California Public Resources Code, Section 5097.995) California Public Resource Code, Section 5097.98
In fall 2006, Assembly Bill 2641 was signed into law by Governor Schwarzenegger. This bill amended California Public Resources Code, Section 5097.98, to revise the process for the discovery of Native American remains during land development. The purposes of the revisions are to encourage culturally sensitive treatment of Native American remains and to require meaningful discussions and agreements concerning treatment of the remains at the earliest possible time. The intent is to foster the preservation and avoidance of human remains during development. The law now requires that the following process be followed if human remains are discovered:
A. Whenever the NAHC receives notification of a discovery of Native American human remains from a County Coroner pursuant to subdivision (c) of Section 7050.5 of the California Health and Safety Code, it shall immediately notify those persons it believes to be most likely descended from the deceased Native American. The descendants may, with the permission of the owner of the land, or their authorized representative, inspect the site of the discovery of the Native American remains and may recommend to the owner or the person responsible for the excavation work means for treating or disposing, with appropriate dignity, the human remains and any associated grave goods. The descendants shall complete their inspection and make their recommendation within 48 hours of their notification by the NAHC. The recommendation may include the scientific removal and nondestructive analysis of human remains and items associated with Native American burials.
B. Upon the discovery of the Native American remains, the landowner shall ensure that the immediate vicinity, according to generally accepted cultural or archaeological standards or practices, where the Native American human remains are located, is not damaged or Section 3.3: Cultural Resources and Tribal Cultural Resources Draft PEIR 3.3-15 September 2022
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disturbed by further development activity until the landowner has discussed and conferred, as prescribed in this sectio n, with the most likely descendants regarding their recommendations, if applicable, taking into account the possibility of multiple human remains. The landowner shall discuss and confer with the descendants all reasonable options regarding the descendants’ preferences for treatment.
1. The descendant’s preferences for treatment may include the following:
a. The nondestructive removal and analysis of human remains and items associated with Native American human remains.
b. Preservation of Native American human remains and associated items in place. c. Relinquishment of Native American human remains and associated items to the descendants for treatment.
d. Other culturally appropriate treatment.
2. The parties may also mutually agree to extend discussions, taking into account the possibility that additional or multiple Native American human remains, as defined in this section, are located in the Planning Area providing a basis for additional treatment measures.
C. For the purposes of this section, “conferral” or “discuss and confer” means the meaningful and timely discussion and careful consideration of the views of each party, in a manner that is cognizant of all parties ’ cultural values, and where feasible, seeking agreement. Each party shall recognize the other ’s needs and concerns for confidentiality of information provided to the other.
D. 1. Human remains of a Native American may be an inhumation or cremation, and in any state of decomposition or skeletal completeness.
2. Any items associated with human remains that are placed or buried with Native American human remains are to be treated in the same manner as the remains but do not by themselves constitute human remains.
E. Whenever the NAHC is unable to identify a descendant, or the descendants identified fail to make a recommendation, or the landowner or their authorized representative, rejects the recommendation of the descendants and the mediation provided for in subdivision (k) of Section 5097.94, if invoked, fails to provide measures acceptable to the landowner, the landowner, or their authorized representative, shall inter the human remains and items associated with Native American human remains with appropriate dignity on the property in a location not subject to further and future subsurface disturbance. To protect these sites, that landowner shall do one or more of the following:
1. Record the site with the commission or the appropriate Information Center.
2. Utilize an open space or conservation zoning designation or easement.
3. Record a document with the county in which the property is located.
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F. Upon the discovery of multiple Native American human remains during a ground - disturbing land development activity, the landowner may agree that additional conferral with descendants is necessary to consider culturally appropria te treatment of multiple Native American human remains. Culturally appropriate treatment of such a discovery may be ascertained from review of the site utilizing cultural and archaeological standards.
Where the parties are unable to agree on the appropriat e treatment measures the human remains and items buried with Native American human remains shall be reinterred with appropriate dignity, pursuant to subdivision (e).
G. Notwithstanding the provisions of Section 5097.9, this section, including those actions taken by the landowner, or their authorized representative, to implement this section and any action taken to implement an agreement developed pursuant to subdivision (1) of Section 5097.94 shall be exempt from CEQA (Division 13 [commencing with Section 21000]).
H. Notwithstanding the provisions of Section 30244. this section, includes those actions taken by the landowner, or their authorized representative, to implement this section, and any action taken to implement an agreement developed pursuant to sub division (1) of Section 5097.94 shall be exempt from the requirements of the California Coastal Act of 1976 (Division 20 [commencing with Section 30000]).
California Health and Safety Code, Section 7050.5
California Health and Safety Code, Section 7050.5, states that, in the event of the discovery of human remains outside a dedicated cemetery, all ground disturbance must cease, and the County Coroner must be notified. If the remains are found to be Native American, the County Coroner must contact the NAHC within 24 hours.
3.3.2.3 Local
Victorville General Plan 2030
City policies and implementation measures pertaining to cultural and TCRs are contained in the Resource Element of the Victorville General Plan. These policies and implementation measures include the following.
Goal 5: Preservation of Important Cultural Resources – Protect identified archaeological, paleontological resources and historic resources within the Planning Area. Objective 5.1: Preserve known and expected cultural resources. Policy 5.1.1: Determine presence/absence of and consider impacts to cultural resources in the review of public and private development and infrastructure projects.
Section 3.3: Cultural Resources and Tribal Cultural Resources Draft PEIR 3.3-17 September 2022
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Policy 5.1.2: Prohibit destruction of cultural and paleontological materials that contain information of importance to our knowledge of the evolution of life forms ad history of human settlement in the Planning Area, unless sufficient documentation of that information is accomplished and distributed to the appropriate scientific community. Require mitigation of any significant impacts that may be identified of any significant impacts that may be identified in project or program -level cultural and paleontological assessments as a condition of project or program approval.
Victorville Municipal Code
Section 16-1.02.080, Historic Preservation Commission
Section 16-1.02.080 establishes the City ’s Historic Preservation Commission and empowers its members to establish criteria and standards for survey, protection of resources, maintain a local register of historic landmarks and points of interest, and conduct regular meetings.
Article 17, Historic District
Article 17 of the Victorville Municipal Code allows for the establishment of historic districts to protect sites against destruction or encroachment upon such are as and structures, encourage land uses that promote the preservation and improvement of landmarks and points of interest, maintain consistency with the character of existing structures, promote the educational and economic interests of the entire City, and protect against environmental influences.
Section 16-5.02.130, Archaeological, Paleontological, and Historical Sites Victorville Municipal Code , Section 16-5.02.130, requires that measures be included at or near known sites of archaeological, paleontologi cal, or historical significance. These measures would preserve known sites, minimize potential adverse impacts, allow reasonable time for archaeological investigations of sites, and preserve for posterity, in such other manner as may be necessary or appropriate, the positive aspects of the cultural historical site involved. In addition, Section 16-5.02.130 mandates that grading activities cease where previously unknown sites of archaeological, paleontological, or historic significance are discovered. Victor ville Municipal Code, Section 16 -5.02.130, requires that the discovery of a significant archaeological, paleontological, or historical site be reported to the Planning Director within 72 hours from the time the site is found. Within 5 working days after re ceiving a discovery report, the Planning Director is mandated to retain the services of qualified professionals to conduct a preliminary investigation of the site. If the preliminary investigation confirms that the site is or may be a significant archaeolo gical, paleontological, or historical site, the grading permit remains suspended for up to 45 days from the date the discovery was reported. The suspension may exceed 45 days under extraordinary circumstances if, upon application of the Planning Director to the City Section 3.3: Cultural Resources and Tribal Cultural Resources Draft PEIR 3.3-18 September 2022
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Council, the City Council concurs. During the period of suspension, the Planning Director is required to develop conditions to be attached to the grading permit. When conditions are developed and attached to the permit, the permit must be reissued subject to the conditions, and the suspension shall be terminated.
3.3.3 Thresholds of Significance
According to Appendix G of the CEQA Guidelines, the project would have a significant impact on cultural resources if it would:
Threshold 1: Cause a substantial adverse change in the significance of a historical resource pursuant to Section 15064.5.
Threshold 2: Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5.
Threshold 3: Disturb any human remains, including those interred outside of dedicated cemeteries.
Threshold 4: Cause a substantial adverse change in the significance of a Tribal Cultural Resource, defined in Public Resources Code , Section 21074, as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
Listed or eligible for listing in the California Register of Historical Reso urces, or in a local register of historical resources as defined in Public Resources Code Section 5020.1(k); or
A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set fo rth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resources Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe.
3.3.4 Impacts and Mitigation
The following sections address various potential impacts relating to cultural resources and TCRs that could result from implementation of the project.
3.3.4.1 Threshold 1: Historical Resources
Impact Analysis
The record searches and archival research identified 60 resources that are significant at the local, state, or federal level . Six of the resources (P -36-002910, U.S. Highway 66; P -36-004411, The Mormon Trail/Mormon Road; P-36-004272, Old Spanish Trail; P -36-018738, U.S. Highway 66; Section 3.3: Cultural Resources and Tribal Cultural Resources Draft PEIR 3.3-19 September 2022
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Alert Road; and 13746 Alert Road) have been listed or recommended eligible to be listed on the NRHP or the CRHR. Four of the resources (P -36-002910, U.S. Highway 66; P -36-004411, The Mormon Trail/Mormon Road; CHL-576, the Mojave Trail; CHL-939, Site of Hula Ville) are listed as California Historical Landmarks. Twenty -six resources have been recommended as locally significant, with nine resources listed as locally important within the City of Victorville Old Town Specific Plan and 17 resources previously recommended as locally significant by the City of Victorville Chamber of Commerce. Table 3.3-1, Historical Resources Eligible for or Listed on the NRHP, CRHR, California Historic Landmark, or Local Importance in the Planning Area, identifies these resources.
Table 3.3-1. Historical Resources Eligible for or Listed on the NRHP, CRHR, California Historic Landmark, or Local Importance in the Planning Area Primary
Number
Resource
Name
National
Register of
Historic
Places
Built
Environmental
Resource
Directory
California
Historic
Landmark
City of
Victorville Old
Town Specific
Plan
City of
Victorville
Chamber of
Commerce
P-36-002910 US Highway
66 — — X — —
P-36-004411
The Mormon
Trial/ Mormon
Road
— — — X —
P-36-004272 Old Spanish
Trail X — — — —
36-018724
Portland
Cement
Company
— X — — —
36-018725 15554 2nd
Street — X — — —
36-018726 15574 2nd
Street — X — — —
— 15611 3rd
Street — X — — —
36-018727 15563 5th
Street — X — — —
36-018728 15547 8th
Street X X — — —
— Alert Rd X X — — —
— 13746 Alert Rd — X — — —
36-018729 16927 B Street — X — — —
— 18422 Bear
Valley Road — X — — —
—
15750
Cottonwood
Street
— X — — —
36-018731 16669 D Street — X — — —
Section 3.3: Cultural Resources and Tribal Cultural Resources Draft PEIR 3.3-20 September 2022
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Table 3.3-1. Historical Resources Eligible for or Listed on the NRHP, CRHR, California Historic Landmark, or Local Importance in the Planning Area Primary
Number
Resource
Name
National
Register of
Historic
Places
Built
Environmental
Resource
Directory
California
Historic
Landmark
City of
Victorville Old
Town Specific
Plan
City of
Victorville
Chamber of
Commerce
36-018732 16745 D Street — X — — —
36-018733 16771 D Street — X — — —
36-018734 16805 D Street — X — — —
36-018735 16845 D Street — X — — —
— 15526
Hesperia Road — X — — —
— 16705 Joshua
Street — X — — —
— 16694 Mc
Kinney Way — X — — —
— 16461 Mojave
Drive — X — — —
36-018736 16946 Monte
Vista Street — X — — —
36-027574 15480 Seals
Road — X — — —
36-027570 17614 Spencer
Road — X — — —
36-027571 17571 Spencer
Street X X — — —
— State Route 18 — X — — —
36-018738 State Route 66 — X — — —
36-018739
21012
Stoddard Wells
Road
— X — — —
36-027572 15425 Turner
Road — — X — —
36-027573 15464 Turner
Road — — X — —
CHL-576 The Mojave
Trail — — — X —
CHL-939 Site of Hula
Ville — — — X —
36-000072 Culbertson
Ranch Site — — — X —
P-36- 006304 — — — — X —
P-36- 006013 — — — — X —
P-36- 006533 — — — — X —
Section 3.3: Cultural Resources and Tribal Cultural Resources Draft PEIR 3.3-21 September 2022
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Table 3.3-1. Historical Resources Eligible for or Listed on the NRHP, CRHR, California Historic Landmark, or Local Importance in the Planning Area Primary
Number
Resource
Name
National
Register of
Historic
Places
Built
Environmental
Resource
Directory
California
Historic
Landmark
City of
Victorville Old
Town Specific
Plan
City of
Victorville
Chamber of
Commerce
P-36- 006793
Atchison
Topeka Santa
Fe Railroad
Cajon Rail
Alignment
— — — X —
P-36- 007694
Los Angeles
Department of
Water and
Power Boulder
Transmission
Lines
— — — X —
P-36- 010315
Edison
Company
Boulder Dam-
San
Bernardino
Electrical
Transmission
Line
— — — X —
P-36- 010316
Kramer-
Victorville
Transmission
Line
— — — X —
P1584-1
Mojave
Narrows
Crossing
— — — X —
— Indian Marie’s
Grave Site — — — — X
— The Barrel
House — — — — X
— First National
Bank — — — — X
— Green Tree Inn
Sign — — — — X
— McDougal
Cottage — — — — X
— Methodist
Church — — — — X
— Old Sheriff’s
Office — — — — X
— Old Victor
School — — — — X
Section 3.3: Cultural Resources and Tribal Cultural Resources Draft PEIR 3.3-22 September 2022
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Table 3.3-1. Historical Resources Eligible for or Listed on the NRHP, CRHR, California Historic Landmark, or Local Importance in the Planning Area Primary
Number
Resource
Name
National
Register of
Historic
Places
Built
Environmental
Resource
Directory
California
Historic
Landmark
City of
Victorville Old
Town Specific
Plan
City of
Victorville
Chamber of
Commerce
— Victor Valley
Memorial Park — — — — X
— Victorville “V” — — — — X
— The Chantry
House — — — — X
—
Victor Valley
Junior High
School
Gymnasium
— — — — X
—
8th Street
Community
Center
— — — — X
— U.S. Highway
66 — — — — X
— The Jail — — — — X
— Victorville
Hardware — — — — X
—
San
Bernardino
County
Fairground
Sign
— — — — X
Source: Appendix D.
Although there are no specific development projects associated with the proposed project , implementation of the General Plan Update would guide development within the Planning Area.
Therefore, development under the General Plan Update could impact any of t hese historical resources or previously unidentified, undesignated resources. In addition, other buildings or structures that could meet the NRHP criteria upon reaching 50 years of age might be impacted by development or redevelopment activity that would be accommodated by the General Plan Update.
In addition, effects on a historical district, building, structure, or feature deemed to be significant could be considered adverse if they involve physical demolition, destruction, relocation, or alteration of the historical resource or its immediate surroundings such that the significance of the resource would be materially impaired.
The Victorville 2030 General Plan Resource Element contains several goals and policies with the intent of preserving cultural resou rces, including as -built environmental resources. The City developed two policies in support of Resource Element Goal 5 —Policy 5.1, determine the presence/absence of and consider impacts to cultural resources in the review of public and private Section 3.3: Cultural Resources and Tribal Cultural Resources Draft PEIR 3.3-23 September 2022
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development and infrastructure projects, and Policy 5.2, which prohibits the destruction of cultural and paleontological materials that contain information of importance to our knowledge of the evolution of life forms and history of human settlement in the Planning Area unless sufficient documentation of that information is accomplished and distributed to the appropriate scientific community. Under Goal 5, Policy 5.1, the City established the following implementation measures to assist in resource identification and impact determination:
Implementation Measure 5.1.1.1: As a City Planning Department function, maintain maps illustrating areas that have a moderate -high probability of yielding important cultural resources as a result of land alteration projects. Implementation Measure 5.1.1.2: Establish a transmittal system with the Archaeological Information Center (AIC) at the San Bernardino County Museum, Redlands. When a project is in its initial phase, the City may send a location map to the AIC for a transmittal-level records search. The transmittal identifies the presence or absence of known cultural resources and/or previously performed studies in and near the planning area. The AIC also offers recommendations regarding the need for additional studies, if warranted.
Implementation Measure 5.1.1.3: When warranted based on the findings of reconnaissance level surveys by a qualified professional archaeologist and/or transmittals from the AIC, require Phase I cultural resource assessments by qualified archaeologists, historians, and/or architectural historians, especially in areas of high sensitivity for cultural resources, as shown on the maps maintained in the City Planning Department. The scope of such a survey shall include, as appropriate, in-depth records search at the AIC, historic background research, intensive -level field survey, consultation with the Mohave Historical Society, and consultation with the appropriate Native American representatives and tribal organizations. Implementation Measure 5.1.1.4: Complete a Planning Area -wide assessment of the paleontological sensitivity, based on a review of geologic formations and a review of paleontological records that identify those formations that have yielded or are expected to yield fossil materials of importance to the scientific community.
Under Goal 5, Policy 5.2, the City established the following measures to aid in the curbing of the destruction of cultural resources:
Implementation Measure 5.1.2.1: Enact a historic preservation ordinance and/or prepare a historic preservation plan to outline the goals and objectives of the City ’s historic preservation programs and present an official historic context statement for the evaluation of cultural resources within the City’s jurisdiction.
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Implementation Measure 5.1.2.2: Assist local property owners in finding and taking advantage of incentives and financial assistance for historic preservation that are available through various federal, state, or city programs. Implementation Measure 5.1.2.3: Require paleontological monitoring of land alteration projects involving excavation into native geologic materials known to have a high sensitivity for the presence of paleontological resources.
Furthermore, Victorville Municipal Code, Section 16-5.02.130, includes grading regulations that pertain to archaeological and historical sites:
Permits to grade at or near known archaeological, paleontological, or similar sites of historical significance may be conditioned so as to (1) ensure preservation of the site; (2) minimize adverse impacts on the site; (3) allow reasonable time for qualified professionals to perform archaeological investigations at the site; or (4) preserve for posterity, in such other manner as may be necessary or appropriate, the positive aspects of the cultural historical site involved.
If it is learned after a grading permit has been issued that significant archaeological, paleontological, or historical site may be encompassed within the area being graded, grading must cease and the grading per mit must be suspended. The discovery of a significant archaeological, paleontological, or historical site shall be reported to the Planning Director within 72 hours from the time the site is found. The Planning Director, within 5 working days after receiving a discovery report, must retain qualified professionals to conduct a preliminary investigation of the site. If the preliminary investigation confirms that the site is or may be a significant archaeological, paleontological, or historical site, the gradi ng permit shall remain suspended for a period not to exceed 45 days from the date the discovery was reported. The suspension may exceed 45 days under extraordinary circumstances if, upon application of the Planning Director to the City Council, the City Co uncil concurs. During the period of suspension, Victorville Municipal Code , Section 16- 5.02.130, requires that the Planning Director develop conditions to be attached to the grading permit so as to (1) ensure preservation of the site; (2) minimize adverse impacts on the site; (3) allow reasonable time for qualified professionals to perform archaeological investigations at the site; or (4) preserve for posterity, in such other manner as may be necessary or appropriate, the positive aspects of the cultural historical site involved.
Future development in the City will be required to comply with the provisions of the Victorville General Plan and Municipal Code pertaining to historical resources . However, i mpacts on historical resources can only be determined once a specific project has been proposed because the effects are highly dependent on both the individual resource and the characteristics of the proposed Section 3.3: Cultural Resources and Tribal Cultural Resources Draft PEIR 3.3-25 September 2022
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activity. Therefore, future development consistent with the proposed General Plan Update would result in potentially significant impacts to historical resources.
Significance of Impact
Implementation of the project would have the potential to cause a substantial adverse change in the significance of a historical resource pursuant to CEQA Guidelines, Section 15064.5, due to development in accordance with the General Plan Update. Impacts would be significant.
Mitigation Measures
Implementation of Mitigation Measures CUL -1 and CUL-2 would reduce potential impacts to historical resources:
CUL-1: Identification and Evaluation of Built Environment Resources. For future development projects with the potential to impact built environment resources, the evaluation of built environment resources shall be performed by an architectural historian or historian who meets the Professionally Qualified Standards in architectural history or history as determined by the City of Victorville . If built environment resources have been identified that meet the age -threshold for eligibility then the qualified architectural historian or historian shall conduct a reconnaissance-level and/or intensive-level survey in accordance with the California Office of Historic Preservation guidelines to identify any previously unrecorded potential historical resources that may b e potentially affected by the project. Pursuant to the definition of a historical resource under the California Environmental Quality Act, potential historical resources shall be evaluated under a developed historic context.
CUL-2: Additional Mitigation for Built Environment Resources. If avoidance or preservation in place of a built environment resource is not possible then appropriate site -specific mitigation measures shall be established and undertaken. To ensure that projects requiring the relocation, rehabilitation, or alteration of a historical resource do not impair its significance, the Secretary of the Interior’s Standards for the Treatments o f Historic Properties shall be used to the maximum extent possible. The application of the standards shall be overseen by a qualified architectural historian or historic architect meeting the Professionally Qualified Standards set by the City of Victorvill e. Prior to any construction activities that may affect the historical resource, a report identifying and specifying the treatment of character -defining features and construction activities shall be provided to and approved by the City of Victorville.
If the project would result in the demolition or significant alteration of a historical resource, the project shall record the resource prior to construction activities.
Recordation shall take the form of Historic American Buildings Survey, Historic Section 3.3: Cultural Resources and Tribal Cultural Resources Draft PEIR 3.3-26 September 2022
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American E ngineering Record, or Historic American Landscape Survey documentation and shall be performed by an architectural historian or historian who meets the Professionally Qualified Standards set by the City of Victorville .
Documentation shall include an architectural and historical narrative; photographs; and supplementary information such as building plans and elevations, and/or historic photographs. Documentation shall be reproduced on archival paper and placed in appropriate local, state, or federal instituti ons. The specific scope and details of documentation shall be developed at the project level.
Significance After Mitigation
Implementation of Mitigation Measures CUL -1 and CUL -2 would reduce potential impacts associated with historical resources. However, if the proposed project would result in the demolition or significant alteration of a historical resource, Mitigation Measure CUL-2 would not adequately replace the demolished structures and would not reasonably mitigate the impacts of the demolition to less than significant because it would no longer convey its historical significance.
Therefore, impacts on historical resources as a result of future development in accordance with the proposed General Plan Update would remain significant and unavoidable.
3.3.4.2 Threshold 2: Archaeological Resources
Impact Analysis
Future development in accordance with the General Plan Update could adversely impact known or previously unrecorded cultural resources that may be eligible to the CRHR. Potential impacts to cultural/archaeological resources could result from clearing, trenching, grading , or other ground-disturbing activities associated with the implementation of the project.
As shown on Figure 3.3-1, Cultural Resource Sensitivity within the City of Victorville and Sphere of Influence, much of the Planning Area has been identified as having a low or moderate sensitivity for cultural resources. The areas containing low sensitivity are located alo ng predominantly level terrain and away from medium- and large-sized drainages. Moderate sensitivity areas are typically located along terrace crests and the upper elevations of medium and large -sized drainages. Areas containing a high sensitivity for cult ural resources are focused primarily within the lower elevations of major drainages, including the Mojave River.
As discussed in Section 3.3.1.5, 119 prehistoric cultural resources have been previously recorded within the Planning Area. Prehistoric cultural resources are often identified in proximity to known water sources such as the Mojave River. These water sources were present within the vicinity of the Planning Area during the prehistoric period. In the prehistoric past, large layers of alluvium were deposited along the perimeter of the Mojave River and associated drainages as river levels rose and dissipated over time. Furthermore, early agricultural use of the project may have obscured Section 3.3: Cultural Resources and Tribal Cultural Resources Draft PEIR 3.3-27 September 2022
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the ground surface and displaced surface and subsurface prehistoric cultural resources, which may be present at depth. Additional water sources, such as springs and seasonal drainages, which may have been present within the prehistoric period, could also have been obscured or destroyed by modern development and agricult ural use. Finally, as much of the Planning Area was originally developed prior to the implementation of CEQA, prehistoric cultural resources may be present but have not yet been recorded in areas developed prior to the requirement of environmental studies.
Although no specific development projects are associated with the General Plan Update, implementation of the proposed project would guide future development in the Planning Area.
Therefore, future development consistent with the General Plan Update could affect known or previously unidentified resources. Impacts to resources that are determined to be important under criteria provided in CEQA (Section 15064.5) would be considered significant. As discussed in Section 3.3.4.1, the Victorville General Plan Resource Element contains several goals and policies with the intent of preserving archaeological resources and Victorville Municipal Code includes grading regulations that pertain to archaeological sites.
Future development in the City would be required to comply with these provisions of the Victorville General Plan Resource Element and Municipal Code . However, impacts on archaeological resources can only be determined once a specific project has been proposed because the effects are highly dependent on bot h the individual resource and the characteristics of the proposed activity. The precise extent and nature of impacts that could result from the implementation of the project would be determined when specific project details are developed.
Therefore, damage to or destruction of previously unknown subsurface cultural resources could occur as a result of future development consistent with the proposed General Plan Update.
Significance of Impact
Implementation of the project would have the potential to cause a substantial adverse change in the significance of an archaeological resource pursuant to CEQA Guidelines, Section 15064.5, due to development in accordance with the General Plan Update. Impacts would be potentially significant.
Mitigation Measures
Implementation of Mitigation Measures CUL -3, CUL-4, and CUL -5 would reduce potential impacts to archaeological resources.
CUL-3: Site-Specific Cultural Resources Study and Evaluation of Resources. Future projects that would disturb previously undeveloped areas or areas containing known archaeological resources shall complete a Cultural resource assessment performed under the supervision of an archaeologist that meets the Secretary of the Interior ’s Professionally Qualified Standards as determined by the Cit y of Victorville . Assessments shall include a California Historical Resources Information System records search at the South Central Section 3.3: Cultural Resources and Tribal Cultural Resources Draft PEIR 3.3-28 September 2022
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Coast Information Center and a search of the Sacred Lands Files maintained by the Native American Heritage Commission. A Phase I pedestrian survey shall be undertaken in areas that are undeveloped to locate any surface cultural materials and/or a built environment resources survey shall be conducted. If resources are identified during the site-specific archaeological survey, then a Phase II evaluation of the resources to the California Register of Historical Resources shall be conducted to determine if the resource is significant under the California Environmental Quality Act, and would be adversely impacted by the project. A N ative American monitor from a culturally affiliated Tribe shall be present during any archaeological excavations involving prehistoric cultural resources. The evaluation of built environment resources shall be performed by an architectural historian or his torian who meets the Professionally Qualified Standards in architectural history or history.
If no significant resources are found, and site conditions are such that there is no potential for further discoveries, then no further action is required. All resources should be documented on the appropriate Department of Parks and Recreation site forms and results of all assessments should be documented in a technical report.
If potentially significant archaeological resources are identified during the Phase I or Phase II assessments, and impacts to these resources cannot be avoided, then appropriate site-specific mitigation measures shall be established and undertaken as described in Mitigation Measure CUL-4.
If no significant resources are found, but there is potential for unknown archaeological resources or Tribal Cultural Resources to be uncovered during specific project activities, then Mitigation Measure CUL-5 (archaeological and Native American monitoring program) shall be implemented.
CUL-4: Avoidance a nd Preservation of Cultural Resources. The preferred alternative for mitigating impacts to cultural resources and Tribal Cultural Resources is avoidance or preservation in place. If avoidance or preservation is demonstrated to be infeasible, then alternative measures shall be required depending on site conditions and guided by the recommendations of an archaeologist that meets the Secretary of the Interior ’s Professionally Qualified Standards . Avoidance of cultural resources and Tribal Cultural Resources may be accomplished through a project redesign. Preservation in place may include planning construction to avoid significant resources; planning parks, green space, or other open space to preserve cultural resources; or “capping” or covering archaeological sites with a layer of soil before building. Alternatively, a Phase III data recovery program may be implemented by a qualified archaeologist and performed in accordance with the Office of Historic Preservation ’s Archaeological Section 3.3: Cultural Resources and Tribal Cultural Resources Draft PEIR 3.3-29 September 2022
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Resource Management Reports: R ecommended Contents and Format (1990) and Guidelines for Archaeological Research Designs (1991).
CUL-5: Archaeological and Native American Monitoring Program. Because there is always a potential for encountering cultural resources during excavation, the implementation of an archaeological and Native American monitoring program is recommended for future development that would conduct new ground disturbance in areas identified as having a potential for unknown archaeological resources or Tribal Cultural Res ources. The archaeological and Native American monitoring program shall consist of the full-time presence of a qualified archaeologist and traditionally and culturally affiliated Native American monitor during ground -disturbing activities , or an alternativ e frequency approved by the qualified archaeologist and the Native American monitor. If an archaeological and Native American monitoring program is implemented, the program shall include the following:
1. The requirement for the archaeological and Native Amer ican monitoring to be noted on applicable construction documents, including plans.
2. The archaeologist and Native American monitor shall attend the pre-construction meeting with the contractor and/or the City.
3. The archaeologist shall maintain ongoing collaborative consultation with the Native American monitor during all ground -disturbing or altering activities, as identified above.
4. The archaeologist and/or Native American monitor may halt ground -disturbing activities if archaeological artifact deposits or cultural features are discovered. In general, ground-disturbing activities shall be directed away from these deposits for a short time to allow a determination of potential significance, the subject of which shall be determined by the archaeologist and the Native American monitor.
Ground-disturbing activities shall not resume until the archaeologist, in consultation with the Native American monitor and the City, deems the cultural resource or feature has been appropriately documented and/or protected.
5. Archaeological isolates and non -significant materials shall be minimally documented in the field and ground disturbance shall be allowed to resume.
6. The avoidance and protection of discovered unknown and significant cultural resources and/or unique archaeological resources is the preferable mitigation for the proposed project. If avoidance is not feasible, a Data Recovery Plan may be authorized by the City as the lead agency under the California Environmental Quality Act (see Mitigation Measure CUL -4 for options related to avoidance and preservation of cultural resources).
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and Native American monitoring program (such as, but not limited to, a data recovery program) shall be submitted by the archaeologist, along with the Native American monitor’s notes and comments, to the City of Victorville for approval.
Significance After Mitigation
Implementation of Mitigation Measures CUL -3, CUL -4, and CUL -5 would reduce impacts to archaeological resources to a less than significant level.
3.3.4.3 Threshold 3: Human Remains
Impact Analysis
Although no specific development projects are associated with the proposed project, implementation of the General Plan Update would guide future development in the Planning Area. Ground disturbance associated with the implementation of future project consistent with the General Plan Update could have the potential to distu rb or destroy unknown human remains, including those interred outside formal cemeteries. Excavation during construction activities in the City could disturb these resources, including Native American burials. The precise extent and nature of impacts that could result from implementation of future development projects would be determined when specific project details are available. Therefore, future development in accordance with the General Plan Update would have the potential to disturb unknown human remains.
Significance of Impact
Implementation of the proposed project may d isturb human remains, including those interred outside dedicated cemeteries. Impacts would be significant.
Mitigation Measures
Implementation of Mitigation Measures CUL-3, CUL-4, and CUL-5, which would provide for the determination of the potentia l for significant resources, avoidance or preservation of significant resources, and monitoring and identification significant resources during construction activities, and CUL-6 would reduce potential impacts to human remains.
CUL-6: Identification and Treatment of Human Remains. In the event that human remains (or possible human remains) are encountered, all ground disturbance within 100 feet of the remains shall halt and California Environm ental Quality Act Guidelines, Section 15064.5, subdivision (e ); California Public Resource Code , Section 5097.98 ; and California Health and Safety Code , Section 7050.5, shall be followed, including informing the County Medical Examiner and City of Victorville. If human remains are determined to be of Native American origin, the applicant shall comply with the state relating to the disposition of Native American burials that fall within the jurisdiction of the Native American Heritage Commission (California Public Resources Code, Section Section 3.3: Cultural Resources and Tribal Cultural Resources Draft PEIR 3.3-31 September 2022
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5097). The Medical Examiner shall contact the Native American Heritage Commission to determine the most likely descendant. The most likely descendant shall inspect the site as needed and make recommendations or preferences for treatment of the remains within 48 hours of being granted access to the site. The disposition of the remains shall be overseen by the most likely descendant to determine the most appropriate means of treating the human remains and any associat ed grave artifacts. The specific locations of Native American burials and reburials is proprietary and shall not be disclosed to the general public. If Native American remains are discovered, the remains shall be kept in situ (in place), or in a secure location, as approved by the most likely descendant until the repatriation process can be completed. According to California Health and Safety Code, six or more human burials at one location constitute a cemetery (Section 8100), and disturbance of Native American cemeteries is a felony.
Significance After Mitigation
Implementation of Mitigation Measures CUL -3, CUL -4, CUL -5, and CUL -6 would reduce potential impacts to human remains to a less than significant level.
3.3.4.4 Threshold 4: Tribal Cultural Resources
Impact Analysis
The significance of a cultural resource is impaired when a project demolishes or materially alters those physical characteristics that convey significance. Impacts to TCRs, archaeological resources, or human remains most often occur as the result of trenching and grading. These resources may also be subject to indirect impacts as the result of project -related activities that increase erosion, compression, or accessibility. Under CEQA, an effect on nonphysical values (such as tribal values or other spiritual or religious values) is not considered an environmental effect; however, when a project would result in a physical effect, these values may be considered in determining whether the physical effect is significant.
A record search of the SLF held by the NAHC was requested on December 6, 2020. On December 21, 2020, NAHC responded that the record search of the SLF was positive and recommended that the Chemehuevi Indian Tribe and the SMBMI be contacted for additional information, in addition to eight other tribal organizations and individuals. On December 23, 2020, letters were sent to the 10 Native American tribal organizations and individuals requesting any information they may have on cultural resources in the Planning Area.
On December 23, 2020, Jill McCormick, Historic Preservation Officer, Quechan Tribe of the Fort Yuma Reservation, responded via email that they do not wish to comment on the project, and defer to more local Tribes.
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On December 28, 2020, Mr. Ryan Nordness, Cultural Resources Analyst for the S MBMI, responded that the Planning Area contains several tribal resource loci, mostly distributed on both sides of the Desert Knolls Wash, the Lower Slough, and the Mojave Narrows Regional Park shorelines. These loci are composed of lithic scatter s, ceramic scatters, bedrock milling features, petroglyphs, cairns, pictographs, trails/linear earthworks, and rock shelters. These sites surround a known village site, Patkaits. Also butting against the Rockview Nature Park are a great number of archaeological sites surrounding the Serrano ancestral village of Topipabit. These sites have the same components as those surrounding Patkaits. An additional series of sites exist east of Mesa Linda Avenue, west of Amargosa Road, south of Hopland Street, and north of Palmdale Road. The Planning Area is of great concern to SMBMI. Additional notices providing opportunity for consultation were mailed to the applicable Tribes on August 31, 2022 in accordance with AB 52 and SB 18.
Future development consistent with the General Plan Update would have the potential to result in grading in portions of the City and sphere of influence with sensitivity to TCRs. Grading and construction activities in undeveloped areas or redevelopment that requires more intensive soil excavation than in the past could potentially cause disturbance to TCRs. In addition, indirect adverse effects may also result from increased accessibility to TCRs that could lead to resource looting or vandalism activities. While the General Plan Update does not directly propose any adverse changes to recorded TCRs, future development could potentially unearth previously unknown/unrecorded TCRs . Therefore, future development consistent with the General Plan Update would have the potential to affect known or previously unidentified TCRs.
Significance of Impact
Future development consistent with the General Plan Update would have the potential to impact TCRs, which would result in a significant impact.
Mitigation Measures
Implementation of Mitigation Measures CUL -3, CUL-4, CUL-5, and CUL -6 would provide for the determination for the potential for TCRs, avoidance or preservation of known TCRs, monitoring and identification of TCRs during construction activities , and treatment of human remains to reduce potential impacts to TCRs.
Significance After Mitigation
Implementation of Mitigation Measures CUL -3, CUL -4, CUL -5, and CUL -6 would reduce potential impacts to TCRs to a less than significant level.
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3.3.5 Cumulative Impacts and Mitigation
The following sections address potentia l cumulative impacts relating to cultural resources and TCRs that could result from implementation of the proposed project.
3.3.5.1 Cumulative Threshold 1: Historical Resources
The geographic context for the analysis of cumulative impacts to historic resources is defined as the Planning Area. Cumulative impacts to historic resources would involve projects affecting local resources with the same level or type of designation or evaluation, projects affecting other structures in the same historic district, or projects that involve resources that are significant in the same context as resources associated with the proposed project. Known or future historic sites or resources listed in the national, California, or local registers maintained by the City would be protected through local ordinances, Gen eral Plan policies, and state and federal regulations restricting alteration, relocation, and demolition of historic resources. However, it is possible that adherence to these policies may not adequately avoid or reduce incremental impacts, and such projects would require additional measures to continue to occur over time , leading to a cumulatively significant impact.
Future development consistent with the General Plan Update could impact identified historical resources or previously unidentified, undesigna ted resources resulting in a substantial adverse change in a historic resource. Compliance with Mitigation Measures CUL -1 and CUL-2 would reduce cumulative impacts to a less that significant level. Therefore, the project ’s contribution to a cumulative historical resources impact would not be cumulatively considerable.
3.3.5.2 Cumulative Threshold 2: Archaeological Resources The geographic context for the analysis of cumulative impacts to archaeological resources is considered to be the County. Evidence of human occupation in the Planning Area is represented by numerous archaeological sites throughout the City and overall County region. These sites contain artifacts and features of value in reconstructing cultural patterns of prehistoric life. Due to the scarcity of archaeological resources and the potential for construction activities associated with future development project s in the County to impact these resources, a significant cumulative impact to archaeological resources exists.
The Cultural Resources Technical Report (Appendix D) concluded that cultural sensitivity varies across the Planning Area, with the majority of th e Planning Area identified as low to moderate sensitivity. As described in Section 3.3.4.2, archaeological resources could be impacted as a result of construction related to future development consistent with the proposed project. Implementation of Mitigation Measures CUL-3, CUL-4, and CUL -5 would reduce cumulative impacts to known or unknown buried archaeological resources to less than significant. Therefore, the project’s contribution to cumulative archaeological resources impacts would not be cumulatively considerable.
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3.3.5.3 Cumulative Threshold 3: Human Remains
The geographic context for the analysis of cumulative impacts to human remains is the County.
The presence of numerous archaeological sites indicates that prehistoric human oc cupation occurred throughout the region. Additionally, historic era occupation of the area increases the possibility that humans were interred outside a formal cemetery. Cumulative development projects would have the potential to encounter unknown, interre d human remains during construction activities, which would result in a significant cumulative impact.
As described above in Section 3.3.4.3, future development projects consistent with the General Plan Update may inadvertently discover unrecorded human remains during construction activities.
However, the implementation of Mitigation Measures CUL-3, CUL-4, CUL-5, and CUL-6, which require archaeological and Native American monitors during construction and compliance with California Health and Safety Code, Section 7050.5, and California Public Resources Code, Section 5097.98, would reduce cumulative impacts to less than significant. Therefore, the project ’s contribution would not be cumulatively considerable.
3.3.5.4 Cumulative Threshold 4: Tribal Cultural Resources Cumulative projects in the County have the potential to result in a cumulative impact associated with the loss of TCRs through development activities that could cause a substantial adverse change in the significance of a TCR. These sites may contain artifacts and resources associated with tribal cultural values and religious beliefs. Any cumulative projects that involve ground -disturbing activities have the potential to result in significant impacts on TCRs. Therefore, the cumulative destruction of TCRs from planned construction and development projects in in San Bernardino County would be cumulatively significant.
As described in Section 3.3.4.4, future development projects consistent with the General Plan Update could result in significant impacts to unknown subsurface TCRs. This cumulative impact would be mitigated to a less than significant level with the implementation of Mitigation Measures CUL -3, CUL-4, CUL -5, and CUL -6, which re quire the evaluation of any feasible means of reducing disturbance to TCRs, monitoring during construction, and repatriation of materials associated with TCRs. Therefore, the project’s contribution would not be cumulatively considerable.
5. Constraints Analysis
Victorville General Plan Update – Cultural Resources 105
Figure 4.Cultural Resource Sensitivity within the City of Victorville and Sphere of Influence Source: Redtail 2022.
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0 42 Figure 3.3-1N
Cultural Resource Sensitivity within the
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Section 3.4: Greenhouse Gas Emissions
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3.4 Greenhouse Gas Emissions
This section evaluates the potential for impacts to greenhouse gas (GHG) emissions resulting from implementation of the proposed City of Victorville General Plan Update (project). The analysis in this section is based on the California Emissions Estimator Model outputs (Appendix B) and the Transportation Impact Study (VMT Analysis) prepared by CR Associates (2022) (Appendix E).
3.4.1 Existing Conditions
Global climate change refers to changes in average climatic conditions on Earth, including changes in temperature, wind patterns, precipitation, and storms. Global warming is the observed increase in average temperature of Earth’s surface and atmosphere. One identified cause of global warming is an increase of GHGs in the atmosphere.
Earth’s natural warming process is known as the “greenhouse effect.” It is called the greenhouse effect because Earth and the surrounding atmosphere are similar to a greenhouse with glass panes in that the atmosphere allows solar radiation (sunlight) into Earth ’s atmosphere but prevents radiative heat from escaping, thus warming Earth ’s atmosphere. Some levels of GHGs keep the average surface temperature of Earth hospitable; how ever, excessive concentrations of anthropogenic GHGs in the atmosphere can result in increased global mean temperatures with associated adverse climatic and ecological impacts.
3.4.1.1 Greenhouse Gases
GHGs are present in the atmosphere naturally, released by natural sources, or formed from secondary reactions taking place in the atmosphere. The following gases are widely seen as the principal contributors to human-induced global climate change1:
Carbon dioxide (CO2)
Methane (CH4)
Nitrous oxide (N2O)
Hydrofluorocarbons (HFCs)
Perfluorocarbons (PFCs)
Sulfur hexafluoride (SF6)
While GHGs produced by human activities include naturally occurring GHGs (e.g., CO 2, CH 4, and N2O), some gases (e.g., HFCs, PFCs, and SF 6) are completely new to the atmosphere. CO 2 accounts for the largest amount of GHG emissions, and collectively, CO 2, CH4, and N2O amount to 80 percent of the total radiative forcing from well-mixed GHGs (CARB 2014). For the purposes of this Program Environmental Impact Report (PEIR), the term “GHGs” refers collectively to the
1 The GHGs listed are consistent with the definition in AB 32 (California Government Code, Section 38505), as discussed in this section.
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six gases identified in the bulleted list above. The following discussion summarizes the characteristics of the six primary GHGs (USEPA 2022).
Carbon Dioxide
In the atmosphere, carbon generally exists in its oxidized form as CO 2. Natural sources of CO 2 include the respiration (breathing) of humans, animals, and plants; volcanic outgassing; decomposition of organic matter; and evaporation from the oceans. Human-caused sources of CO2 include the combustion of fossil fuels (e.g., the burning of coal, oil, and natural gas) and wood, waste incineration, mineral production, and deforestation. Earth maintains a natural carbon balance, and when concentrations of CO2 are upset, the system gradually returns to its natural state through natural processes. Natural changes to the carbon cycle work slowly, especially compared to the rapid rate at which humans are adding CO2 to the atmosphere. Natural removal processes (e.g., photosynthesis by land- and ocean-dwelling plant species) cannot keep pace with this extra input of human-made CO2, and consequently, the gas is building up in the atmosphere (USEPA 2022).
Methane
CH4 is produced when organic matter decomposes in environments lacking sufficient oxygen.
Natural sources of CH4 include fires, geologic processes, and bacteria that produce CH4 in a variety of settings (most notably, wetlands). Anthropogenic sources include rice cultivation, livestock, landfills and waste treatment, biomass burning, and fossil fuel combustion. As with CO2, the major removal process of atmospheric CH4 (a chemical breakdown in the atmosphere) cannot keep pace with source emissions, and CH4 concentrations in the atmosphere are increasing (USEPA 2022).
Nitrous Oxide
N2O is produced naturally by a variety of biological sources, particularly microbial action in soils and water. Tropical soils and oceans account for the majority of natural source emissions. N 2O is also a product of the reaction that occurs between nitrogen and oxygen during fuel combustion.
Both mobile and stationary combustion sources emit N 2O. The quantity of N 2O emitted varies according to the type of fuel, technology, and pollution control device used, as well as maintenance and operating practices. Agricultural soil management and fossil fuel combustion are the primary sources of human-generated N2O emissions in the state (USEPA 2022).
Hydrofluorocarbons, Perfluorocarbons, and Sulfur Hexafluoride HFCs are primarily used as substitutes for ozone (O 3)-depleting substances regulated under the Montreal Protocol. 2 PFCs and SF 6 are emitted from various industrial processes, including aluminum smelting, semiconductor manufacturing, electric power transmission and distribution,
2 The Montreal Protocol is an international treaty that was approved on January 1, 1989, and was designated to protect th e O3 layer by phasing out the production of several groups of halogenated hydrocarbons that are believed to be responsible for O 3 depletion and are also potent GHGs.
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and magnesium casting. No aluminum or magnesium production occurs in the state; however, rapid growth in the semiconductor industry, which is active in the state, has led to greater use of PFCs. However, the proposed project does not include any components known to emit these three GHGs; therefore, these substances are not discussed further in this analysis (USEPA 2022).
3.4.1.2 Global Warming Potential
The previously described gases vary considerably in terms of global warming potential (GWP), which is a concept developed to compare the ability of each GHG to trap heat in the atmosphere relative to another gas. GWP is based on several factors, including the relative effectiveness of a gas in absorbing infrared radiation and the length of time that the gas remains in the atmosphere (referred to as atmospheric lifetime). The GWP of each gas is measured relative to CO2, the most abundant GHG. The definition of GWP for a particular GHG is the ratio of heat trapped by 1 unit mass of the GHG to the ratio of heat trapped by 1 unit mass of CO 2 over a specified time period.
GHG emissions are typically measured in terms of metric tons of CO2 equivalent (MT CO2e). For example, N2O is 265 times more potent at contributing to global warming than CO 2. Table 3.4-1, Global Warming Potential for Selected Greenhouse Gases, identifies the GWP for each GHG analyzed in this section.
Table 3.4-1. Global Warming Potential for Selected Greenhouse Gases Pollutant Lifetime (years)
Global Warming Potential
(100-year)2
CH4 12 25
CO2 ~1001 1
N2O 114 298
Source: USEPA 2022.
Notes: CH4 = methane; CO2 = carbon dioxide; N2O = nitrous oxide 1 CO2 has a variable atmospheric lifetime and cannot be readily approximated as a single number. 2 The warming effects over a 100-year period relative to other GHGs.
3.4.1.3 Greenhouse Gas Emissions Inventory
The City of Victorville prepared a Climate Actio n Plan in 2015 that included an inventory of community GHG emissions and forecasted GHG emissions for the year 2020 (City of Victorville 2015). Total community emissions were calculated to be 871,976 MT CO2e in 2015 and emissions were forecasted to increas e to 1,193,933 by 2020. The emissions inventory did not include emissions associated with existing cement manufacturing processes because plant operations are regulated by the state and the Mojave Desert Air Quality Management District (MDAQMD) and beyond the control of the City. Building energy made up the highest proportion of community GHG emissions in 2015 and 2020 (approximately 51 percent in both years), followed by on -road transportation emissions (approximately 42 percent in both years).
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3.4.2 Regulatory Framework
This section describes the federal, state, and local regulatory framework adopted to address GHG emissions.
3.4.2.1 Federal
U.S. Environmental Protection Agency
The U.S. Environmental Protection Agency is responsible for implementing federal policy to address global climate change. In 2009, the U.S. Environmental Protection Agency issued a Final Rule for mandatory reporting of GHG emissions, which applies to fossil fuel and industrial gas suppliers, direct GHG emitters, and manufacturers of heavy -duty and off-road vehicles and requires annual reporting of emissions. This rule does not regulate the emission of GHGs; it only requires the monitoring and reporting of GHGs for those sources above certain thresholds.
3.4.2.2 State
Executive Order S-3-05
On June 1, 2005, California’s Governor announced, through Executive Order (EO) S -3-05, the following GHG emissions reduction targets:
By 2010, California shall reduce GHG emissions to 2000 levels. By 2020, California shall reduce GHG emissions to 1990 levels. By 2050, California shall reduce GHG emissions to 80 percent below 1990 levels.
EO S-3-05 directed the Secretary of the California Environmental Protection Agency to coordinate efforts to meet the targets with the heads of other state agencies (the Secretary of the California Business, Transportation and Housing Agency; Secretary of the California Department of Food and Agriculture; Secretary of the California Resources Agency; Chairperson of CARB; Chairperson of the California Energy Commissio n; and the President of the California Public Utilities Commission). This group became the California Climate Action Team. In 2006, the State Legislature passed the California Global Warming Solutions Act of 2006 ( Assembly Bill [ AB] 32), which created a co mprehensive, multiyear program to reduce GHG emissions in California , as described below . In 2016, the State Legislature passed Senate Bill ( SB) 32, which codifies a 2030 GHG emissions reduction target of 40 percent below 1990 levels.
Senate Bill 32
Effective January 1, 2017, SB 32 (Stats. 2016, Ch. 249) added a new Section 38566 to the California Health and Safety Code. It states that “in adopting rules and regulations to achieve the maximum technologically feasible and cost -effective greenhouse gas emissi ons reductions authorized by [Division 25.5 of the California Health and Safety Code], [CARB] shall ensure that statewide Section 3.4: Greenhouse Gas Emissions
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greenhouse gas emissions are reduced to at least 40 percent below the statewide greenhouse gas emissions limit no later than December 31, 2030.” In other words, SB 32 requires California, by the year 2030, to reduce its statewide GHG emissions so that they are 40 percent below those that occurred in 1990.
Assembly Bill 32 and Senate Bill 32, California Global Warming Solutions Act Assembly Bill (AB) 32 requires the California Air Resources Board (CARB) to reduce statewide GHG emissions to 1990 levels by 2020. As part of this legislation, CARB was required to prepare a Scoping Plan that demonstrates how the state will achieve this goal. Th e Scoping Plan was adopted in 2011, and in it, local governments are described as “essential partners” in meeting the statewide goal, recommending a GHG reduction level of 15 percent below 2005 –2008 levels (depending on when a full emissions inventory is available) by 2020.
CARB released California ’s 2017 Climate Change Scoping Plan (2017 Scoping Plan) in November 2017. The 2017 Scoping Plan provides strategies for achieving the 2030 target established by Executive Order (EO) B -30-15 and codified in Senate Bill (SB) 32 (40 percent below 1990 levels by 2030). The 2017 Scoping Plan recommends local plan-level GHG emissions reduction goals. CARB recommends that local governments aim to achieve emissions of no more than 6 MT CO 2e per capita by 2030 and no more t han 2 MT CO 2e per capita by 2050. A Draft 2022 Scoping Plan has been made available for public review, but it has not been adopted. The 2022 Scoping Plan update assesses progress toward the statutory 2030 target and identifies a path to achieving carbon neutrality by 2045 (CARB 2022).
Executive Order B-55-18
Governor Brown signed EO B -55-18 in September 2018 to establish a statewide goal to achieve carbon neutrality as soon as possible, and no later than 2045, and to achieve and maintain net negative emissions thereafter (CARB 2022). Policies and programs undertaken to achieve this goal include the following:
Seek to improve air quality and support the health and economic resiliency of urban and rural communities, particularly low-income and disadvantaged communities. Be implemented in a manner that supports climate adaptation and biodiversity, including protection of the state’s water supply, water quality, and native plants and animals.
A described above, a Draft 2022 Scoping Plan has been prepared to identify and recommend measures to achieve the carbon neutrality goal.
Assembly Bill 341, Commercial Recycling
AB 341 sets a statewide goal of 75 percent recycling, composting, or source reduction of solid waste by the year 2020. As required by AB 341, the California Department of Resources Recycling and Section 3.4: Greenhouse Gas Emissions
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Recovery (CalRecycle) adopted the Mandatory Commercial Recycling Regulation on January 17, 2012. The regulation was approved by the Office of Administrative Law on May 7, 2012. It became effective immediately and clarified the responsibilities in implementing mandatory commercial recycling. The Mandatory Commercial Recycling Regulation focuses on increased commercial waste diversion as a method to reduce GHG emissions. The regulation is designed to achieve a reduction in GHG emissions of 5 million MT CO2e, which equates to roughly an additional 2–3 MT of currently disposed commercial solid waste being recycled by 2020 and thereafter.
CALGreen Building Code
California Code of Regulations, Title 24, Part 11 (Ca lifornia’s Green Building Standard Code [CALGreen]), was adopted in 2010 and went into effect on January 1, 2011. Further updates to CALGreen went into effect on January 1, 2017, and January 1, 2020. CALGreen is the first statewide mandatory green building code and significantly raises the minimum environmental standards for construction of new buildings in California. The mandatory provisions in CALGreen reduce the use of volatile organic compound -emitting materials, strengthen water conservation, and require construction waste recycling.
California Code of Regulations Title 24, Part 6
California Code of Regulations, Title 24, Part 6 (California ’s Energy Efficiency Standards for Residential and Non -Residential Buildings) (Title 24), was established in 1978 to reduce California’s energy consumption. The standards are updated periodically to allow consideration and possible incorporation of new energy efficiency technologies and methods. Although it was not originally intended to reduce GHG emissions, electricity production by fossil fuels and natural gas use result in GHG emissions, and energy-efficient buildings require less electricity and natural gas. Therefore, increased energy efficiency will result in decreased GHG emissions. The California Energy Commission adopted its 2008 Standards on April 23, 2008, in response to AB 32. The 2008 Standards were adopted to (1) provide California with an adequate, reasonably priced, and environmentally sound supply of energy; (2) pursue California energy policy, which s tates that energy efficiency is the resource of first choice for meeting California ’s energy needs; (3) meet the West Coast Governors’ Global Warming Initiative commitment to include aggressive energy efficiency measures into updates of state building code s every 3 years; and (4) meet EO B18 -12 in the Green Building Initiative to improve the energy efficiency of non -residential buildings through aggressive standards. The latest update of the California Code of Regulations, Title 24, Part 6, which went into effect on January 1, 2020, will significantly increase the energy efficiency of new residential buildings.
Executive Order S-01-07, Low Carbon Fuel Standard
In 2007, Governor Arnold Schwarzenegger signed EO S -01-07, which mandates (1) that a statewide goal be established to reduce the carbon intensity of California’s transportation fuels by Section 3.4: Greenhouse Gas Emissions
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at least 10 percent by 2020 and (2) that a Low Carbon Fuel Standard for transportation fuels be established in California. CARB developed the Low Carbon Fuel Standard regulation pursuant to the state’s authority under AB 32 and the federal Clean Air Act and adopted it in 2009.
Renewable Portfolio Standard
Established by SB 1078 in 2002, the Renewable Portfolio Standard requires energy providers to derive 33 percent of their electricity from qualified renewable sources by 2020. In September 2018, the State Assembly passed and the Governor approved SB 100, which requires energy providers to derive 60 percent of their electricity from qualified renewable sources by 2030 and 100 percent by 2045. The Renewable Portfolio Standard is anticipated to lower emission factors (i.e., fewer GHG emissions per kilowatt -hour used) from utilities across the state, including those providers serving the City of Victorville.
Senate Bill 375, Sustainable Communities Strategy
SB 375 was adopted in 2008 and provided for a new planning process that coordinates land use planning, Regional Transportation Plans (RTPs), and funding priorities to help California meet the GHG reduction goals established i n AB 32. SB 375 required RTPs developed by Metropolitan Planning Organizations to incorporate a Sustainable Communities Strategy in their RTPs. The goal of the Sustainable Communities Strategy is to reduce regional vehicle miles traveled (VMT) through land use planning and consequent transportation patterns. SB 375 also included provisions for streamlined California Environmental Quality Act (CEQA) review for some infill projects such as transit-oriented development.
3.4.2.3 Regional
The Southern California Association of Governments (SCAG) has adopted the 2020 Connect SoCal (2020–2045 Regional Transportation Plan/Sustainable Communities Strategy [ 2020-2045 RTP/SCS]), and is currently preparing a 2024 update. The 2020–2045 RTP/SCS is a long-range visioning plan for the counties of Imperial, Los Angeles, Orange, Riverside, San Bernardino and Ventura. The plan builds upon and expands land use and transportation strategies established over several planning cycles to increase mobility options and achieve a more sustainable growth pattern.
The 2024 Connect SoCal plan will continue to build on these efforts to achieve regional emissions standards and greenhouse gas (GHG) reduction targets. Key components of the plan include encouraging active transportation, increasi ng transit access, transportation and demand management, and prioritizing infill and redevelopment to accommodate growth.
Section 3.4: Greenhouse Gas Emissions
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3.4.2.4 Local
Victorville Climate Action Plan
The City prepared a Climate Action Plan (CAP) in September 2015 to present GHG inventories, identify the effectiveness of California initiatives to reduce GHG emissions, and identify local measures selected by the City to reduce GHG emissions under the City ’s jurisdictional control to achieve the City’s identified AB 32 2020 GHG reduction target. The CAP included a Victorville Greenhouse Gas Emissions Screening Table to demonstrate CAP consistency. However, the City’s CAP does not align with the statewide goals beyond 2020. C onsequently, the City is currently working with the San Bernardino County Transportation Authority (SBCTA) to update the City’s current CAP to address SB 32 and post-2020 GHG emission reductions.
To meet the intent of SB 32, the City is in the process of a dopting the City of Victorville 2021 Greenhouse Gas Reduction Plan (GGRP) to implement policies focused on GHG emissions. The GGRP sets an aggressive goal to reduce GHG emissions by 40 percent below 2008 baseline GHG emission levels by 2030. To achieve this goal, the GGRP will require that new development have the option of preparing a project -specific technical analysis to quantify and mitigate GHG emissions or complete a performance review checklist to demonstrate compliance with performance standards that were developed as part of the San Bernardino County Regional GHG Reduction Plan Update to implement the performance standards and determine GHG reductions from new development during the period.
Victorville General Plan 2030
City policies and implementa tion measures pertaining to GHG emissions are contained in the Resource Element of the Victorville General Plan. These policies and implementation measures include the following:
Goal 7: Energy Conservation – Promote energy sustainability by developing alt ernative power supplies and reducing energy use.
Objective 7.1: Promote alternative energy sources
Policy 7.1.1: Support development of solar, hybrid, wind, and other alternative energy generation plants.
Objective 7.2: Promote energy conservation
Policy 7 .2.1: Support energy conservation by requiring sustainable building design and development for new residential, commercial, and industrial projects.
Section 3.4: Greenhouse Gas Emissions
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3.4.3 Thresholds of Significance
According to Appendix G of the CEQA Guidelines, the project would have a signifi cant impact on GHG emissions if it would:
Threshold 1: Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment .
Threshold 2: Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases.
Regarding Threshold 1, the determination of significance is governed by CEQA Guidelines, Section 15064.4, which states that “the determination of the significance of greenhouse gas emissions calls for a careful judgment by the lead agency consistent with the provisions in section 15064. A lead agency should make a good-faith effort, based to the extent possible on scientific and factual data, to describe, calculate or estimate the amount of greenhouse gas emissions resulting from a project.” In turn, CEQA Guidelines, Section 15064.4(b), clarifies that a lead agency should consider “whether the project emissions exceed a threshold of significance that the lead agency determines applies to the project.” Therefore, consistent with CEQA Guidelines, Section 15064.4, the GHG analysis for the project appropriately relies on a threshold based on the exercise of careful judgment and is believed to be appropriate in the context of this particular project.
The City has prepared a CAP; however, as described above, the CAP had a horizon year of 2020 and cannot be used for the evaluation of project consistency with statewide emission s reduction goals beyond 2020. Lead agencies may elect to rely on thresholds of sig nificance recommended or adopted by state or regional agencies with expertise in the field of global climate change (CEQA Guidelines, Section 15064.7[c]). CEQA leaves the determination of significance to the reasonable discretion of the lead agency and enc ourages lead agencies to develop and publish thresholds of significance to use in determining the significance of environmental effects. The MDAQMD has adopted a threshold of 100,000 MT CO 2e per year for land development projects . However, this threshold is intended to apply to individual projects, rather than long-term programs. In the 2017 Scoping Plan, CARB recommends that local governments aim to achieve emissions of no more than 6 MT CO2e per capita by 2030 and no more than 2 MT CO2e per capita by 2050. The horizon year for the General Plan Update is 2040; therefore, the project is compared to an adjusted screening level of 4 MT CO2e per capita for 2040.
In addition, since the City’s adopted CAP would not be consistent with the state’s post-2020 GHG reduction goals, the GHG plan consistency for this project is based off the project ’s consistency with the 2020–2045 RTP/SCS and CARB Scoping Plan. The 2020 –2045 RTP/SCS is a regional growth-management strategy that targets per -capita GHG reduction from p assenger vehicles and light-duty trucks in the Southern California region. The 2020 –2045 RTP/SCS incorporates local land use projections and circulation networks in city and county general plans. The 2017 Scoping Section 3.4: Greenhouse Gas Emissions
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Plan describes the approach California will take to reduce GHG emissions by 40 percent below 1990 levels by the year 2030. The 2017 Scoping Plan does not address the EO B -55-18 goal to achieve carbon neutrality no later than 2045, and the horizon year for the project is 2040; therefore, consistency with the Draft 2022 Scoping Plan is also addressed.
3.4.4 Impacts and Mitigation
The following sections address various potential impacts relating to GHG emissions that could result from implementation of the project.
3.4.4.1 Threshold 1: Generation of Greenhouse Gas Emissions Impact Analysis
Future GHG emissions from buildout of the land uses accommodated by the General Plan Update were estimated using the California Emissions Estimator Model (CalEEMod), Version 2040.4.0, using assumptions consistent with the air qual ity analysis. Individual industrial emitters are not known at this time; therefore, stationary sources were not calculated, consistent with the methodology of the City’s CAP. The future land use mix assumes maximum buildout of proposed General Plan land use designations based on the allowable development density for each designation.
The estimate is conservative because it includes the City and its Sphere of Influence. The emissions estimate assumes CalEEMod defaults for utility consumption and solid waste generation. Existing and buildout VMT was obtained from the Transportation Impact Study (VMT Analysis) prepared by CR Associates (2022) (Appendix E). Construction locations, timing, and intensity are currently unknown for future emissions from construction of projects accommodated under the proposed General Plan Update. Therefore, construction emissions are addressed qualitatively.
Operation of the land uses accommodated under the General Plan Update would generate GHG emissions from direct sources, such as natural gas consumption, solid waste handling and treatment, landscaping, and motor vehicles, and indirect sources, such as electricity generation and water use. Short-term GHG emissions would result from heavy equipment and construction worker vehicles; however, project-specific information is not available at this time to estimate emissions.
Construction of projects accommodated under the General Plan Update would res ult in incremental contributions to the estimated annual City-wide GHG emissions reported below. The MDAQMD has not published specific guidance on the analysis of GHG emissions from construction emissions. However, as outlined in the Bay Area Air Quality Management District’s (BAAQMD) recently adopted GHG thresholds, construction emissions typically represent a very small portion of a project ’s lifetime GHG emissions (BAAQMD 2022). It is unlikely that individual construction projects would exceed the adopte d MDAQMD threshold of 100,000 MT CO2e per year for land development projects Therefore, the significance of GHG emissions focuses on on-going annual GHG contributions.
Section 3.4: Greenhouse Gas Emissions
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Table 3.4-2, Estimated Annual Operational Emissions, provides estimated existing and bui ldout GHG emissions from all sources within the City boundary and Sphere of Influence. As shown in Table 3.4-2, the General Plan Update would result in a net increase in GHG emissions. However, per-capita emissions would be reduced compared to existing conditions. As such, the General Plan Update provides a more sustainable land use pattern that would increase emissions efficiency in the City and Sphere of Influence. Per-capita emissions in 2040 would be approximately 3.67 MT CO2e.
Emissions would be below the per-capita screening level of 4.0 MT CO2e and would be consistent with the CARB-recommended per-capita targets. Project emissions would be less than significant.
Table 3.4-2. Estimated Annual Operational Emissions
Project MT CO2e
Existing Emissions
Vehicle 552,079
Electricity 131,480
Natural Gas 76,587
Solid Waste 40,445
Water Use 44,191
Hearths 47,529
Landscaping 514
Total Annual Emissions 892,825
Existing Population 194,653
Existing Per-Capita Emissions 4.59
Proposed General Plan Buildout Emissions
Vehicle 723,802
Electricity 195,425
Natural Gas 124,851
Solid Waste 64,194
Water Use 84,028
Hearths 53,861
Landscaping 918
Total Annual Emissions 1,247,079
Projected 2040 Population 339,613
Per-Capita Emissions 3.67
Source: Appendix E.
Notes: MT CO2e = metric tons of carbon dioxide equivalent Section 3.4: Greenhouse Gas Emissions
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Significance of Impact
Implementation of the General Plan Update would result in a more sustainable land use pattern that would reduce GHG emissions per capita compared to existing conditions, and consistent with recommended CARB targets. This impact would be less than significant.
Mitigation Measures
No mitigation is required.
Significance After Mitigation
Impacts are less than significant, and mitigation measures are not required.
3.4.4.2 Threshold 2: Conflict with Applicable Plan
Impact Analysis
The applicable plans for reducing GHG emissions are the 2020 –2045 RTP/SCS, 2017 Scoping Plan, and Draft 2022 Scoping Plan. Consistency with these plans is addressed below. 2020–2045 RTP/SCS
Five key SCS strateg ies are included in the 2020 –2045 RTP/SCS to help the region meet its regional VMT and GHG reduction goals. Table 3.4-3¸ Consistency with the 2020–2045 RTP/SCS, evaluates the project’s consistency with these five strategies. As shown in this table, the proposed project would be consistent with the GHG emission s reduction strategies contained in the 2020 – 2045 RTP/SCS. Additionally, as demonstrated in the Transportation Impact Study (CR Associates 2022), the General Plan Update would decrease the regional and City of Victorville VMT per service population compared to implementation of the current General Plan. Therefore, the General Plan Update would increase local consistency with the 2020–2045 RTP/SCS.
Table 3.4-3. Consistency with 2020–2045 RTP/SCS
Reduction Strategy Project Consistency Analysis
Focus Growth Near Destinations and Mobility Options
Emphasize land use patterns that facilitate multimodal access to work, educational and other destinations.
Focus on a regional jobs/housing balance to reduce
commute times and distances and expand job
opportunities near transit and along center-focused main streets.
Plan for growth near transit investments and support
implementation of first/last mile strategies.
Promote the redevelopment of underperforming retail
developments and other outmoded nonresidential uses.
Prioritize infill and redevelopment of underutilized land to accommodate new growth, increase amenities and
connectivity in existing neighborhoods.
Consistent. The General Plan Update includes a Land Use Element update that focuses on Smart Growth principles and infill development to provide a jobs and housing balance. It would encourage development within proximity to the City center and commercial corridors and aims to minimize the expansion of infrastructure. An objective of the plan is to promote access to public facilities and services by
developing complete streets concepts throughout Victorville.
As previously stated, the General Plan Update would reduce VMT per service population compared to implementation of the current General Plan (CR Associates 2022).
Section 3.4: Greenhouse Gas Emissions
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Table 3.4-3. Consistency with 2020–2045 RTP/SCS
Reduction Strategy Project Consistency Analysis
Encourage design and transportation options that reduce the reliance on and number of solo car trips (this could include mixed uses or locating and orienting close to
existing destinations).
Identify ways to “right size” parking requirements and promote alternative parking strategies (e.g. shared
parking or smart parking).
Promote Diverse Housing Choices
Preserve and rehabilitate affordable housing and prevent displacement.
Identify funding opportunities for new workforce and
affordable housing development.
Create incentives and reduce regulatory barriers for
building context sensitive accessory dwelling units to
increase housing supply.
Provide support to local jurisdictions to streamline and lessen barriers to housing development that supports
reduction of greenhouse gas emissions.
Consistent. The General Plan Update is intended to provide a variety of housing types and affordability levels, consistent with the needs and requirements identified in the Housing Element Update. It would expand the types of housing in Victorville to accommodate people of all ages,
socioeconomic status, family size, and ability.
Leverage Technology Innovations
Promote low emission technologies such as neighborhood electric vehicles, shared rides hailing, car sharing, bike sharing and scooters by providing supportive and safe
infrastructure such as dedicated lanes, charging and
parking/drop-off space.
Improve access to services through technology—such as telework and telemedicine as well as other incentives
such as a “mobility wallet,” an app-based system for
storing transit and other multimodal payments.
Identify ways to incorporate “micro-power grids” in
communities, for example solar energy, hydrogen fuel cell power storage and power generation.
Consistent. The proposed Environmental Justice Element
includes objectives and policies that aim to improve access to public facilities and services. This includes increasing access to active transportation facilities and transit.
Additionally, the proposed Safety Element includes
implementation measures that encourage the use of
renewable sources of backup power for critical infrastructure.
Support Implementation of Sustainability Policies
Pursue funding opportunities to support local sustainable development implementation projects that reduce
greenhouse gas emissions.
Support statewide legislation that reduces barriers to new construction and that incentivizes development near
transit corridors and stations.
Support local jurisdictions in the establishment of
Enhanced Infrastructure Financing Districts (EIFDs),
Community Revitalization and Investment Authorities
(CRIAs), or other tax increment or value capture tools to finance sustainable infrastructure and development
projects, including parks and open space.
Work with local jurisdictions/communities to identify opportunities and assess barriers to implement
sustainability strategies.
Consistent. An objective of the General Plan Update is to accommodate future growth while promoting sustainability.
Policies and measures include prioritizing infill development, particularly near the existing City core and underutilized commercial areas that are currently served by public services like transit. The General Plan Update also includes policies that promote complete streets and new parks and open
spaces that provide connections within the City. The City would continue to collaborate with SCAG on regional
planning efforts.
Section 3.4: Greenhouse Gas Emissions
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Table 3.4-3. Consistency with 2020–2045 RTP/SCS
Reduction Strategy Project Consistency Analysis
Enhance partnerships with other planning organizations to promote resources and best practices in the SCAG
region.
Continue to support long range planning efforts by local jurisdictions.
Provide educational opportunities to local decisions
makers and staff on new tools, best practices and policies related to implementing the Sustainable Communities
Strategy.
Promote a Green Region
Support development of local climate adaptation and
hazard mitigation plans, as well as project implementation that improves community resiliency to climate change and natural hazards.
Support local policies for renewable energy production, reduction of urban heat islands and carbon sequestration. Integrate local food production into the regional
landscape.
Promote more resource efficient development focused on conservation, recycling and reclamation.
Preserve, enhance and restore regional wildlife
connectivity.
Reduce consumption of resource areas, including
agricultural land.
Identify ways to improve access to public park space.
Consistent. The proposed Safety Element includes a goal and supporting objectives to increase resiliency to the impacts of climate change, including renewable sources of energy for backup power. Additionally, the updated land use plan would include a significant increase in open space with the addition of the Greenway/Utility Corridor that would include multiple connections to improve access to
greenspace. Additionally, the Environmental Justice Element includes a strategy to support edible landscaping and
community gardens to increase local food production.
Source: SCAG 2020.
2017 Scoping Plan
The 2017 Scoping Plan identifies GHG reduction measures necessary to achieve the statewide 2030 target. Chapter 2 of the 2017 Scoping Plan outlines key policies for the achievement of statewide emissions targets. Key policies identified for reducing vehicle emissions are the Low Carbon Fuel Standard and the Mobile Source Strategy, which set increasingly stringent targets for fuel carbon intensity and encourage use of zero -emission vehicles. The Renewable Portfolio Standard is a key policy for reducing energy emissions. Chapter 2 of the 2017 Scoping Plan does not identify any policies for reducing GHG emissions from solid waste or water use. Because fuel emissions standards are established at the state level by CARB and electricity is supplied by Southern California Edison, reductions in the carbon intensity of proposed project fuel and energy emissions from these programs are beyond the control of project implementation. The proposed project does not include any features that would impede implementation of CARB standards or achievement of Renewable Portfolio Standard. Project operational emissions were modeled for future year 2040 using CalEEMod default emissions rates to demonstrate how vehicle emissions would decrease over time as a result of stricter emissions standards, anticipated increased use in electric vehicles (EVs), and as older, less efficient cars a re taken off the road. As shown in Table Section 3.4: Greenhouse Gas Emissions
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3.4-4, Mobile Source Greenhouse Gas Emissions Comparison, project emissions from vehicle use are anticipated to increase over time; however, emissions per VMT would decrease. Project vehicle emissions are anticipate d to increase approximately 30 percent from existing conditions, while VMT is anticipated to increase by almost 60 percent . Additionally, the proposed General Plan Update would include policies that support smart growth development and complete streets and encourage EV infrastructure, which would be consistent with the Mobile Source Strategy. Future VMT per service population would decrease compared to implementation of the existing General Plan (CR Associates 2022). Therefore, the proposed project would be consistent with the key policies of the 2017 Scoping Plan.
Table 3.4-4. Mobile Source Greenhouse Gas Emissions Comparison Year Annual Emissions (MT CO2e) Daily VMT
Existing 552,079 4,417,049
Year 2040 723,802 6,953,635
Source: Appendix E.
Notes: MT CO2e = metric tons of carbon dioxide equivalent; VMT = vehicle miles traveled GHG emissions are rounded to the nearest whole number. Refer to Attachment 1 in Appendix E for exact values.
Draft 2022 Scoping Plan
The 2022 Scoping Plan update assesses progress toward the statutory 2030 target and identifies a path to achieving carbon neutrality by 2045 (CARB 2022). Similar to the 2017 Scoping Plan, the 2022 Scoping Plan outlines statewide efforts and does not specifically identify reduction targets for jurisdiction or long-range planning requirements. However, Appendix D of the 2022 Scoping Plan does include recommendations for local government action. Specifically, it provides recommendations to local governments to:
Develop local climate action plans and strategies consistent with the state’s G HG emissions reduction goals;
Localize state-level GHG priorities when approving individual land use projects; and Implement mitigation to reduce GHG emissions associated with CEQA projects.
Appendix D focuses on the importance of adopting a local CAP that meets the criteria specified in CEQA Guidelines, Section 15183.5(b), to be considered a qualified CAP that may be used for determining the significance of project GHG impacts under CEQA. Appendix D includes a list of priority GHG measures to include in CAP preparation, listed below in Table 3.4-5, 2022 Scoping Plan Priority GHG Reduction Strategies for Local Government Climate Action. The General Plan Update includes objectives and policies consistent with these priorities, including increased public access to alternative transportation options, prioritizing infill and mixed-use development for new growth, and increasing green space. However, a q ualified CAP and the CEQA process are identified in the 2022 Scoping Plan to provide a measurable, enforceable tool to address local GHG emissions, and require feasible mitigation measures to reduce emissions consistent with state Section 3.4: Greenhouse Gas Emissions
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City of Victorville General Plan Update
reduction targets. The City is currently preparing a GGRP; however, it is not yet adopted. Until a qualified CAP is adopted, the City would not have a tool in place to evaluate the consistency of new growth with statewide emissions reduction standards or effectively enforce feasible mitigation. Therefore, the Gene ral Plan U pdate is inconsistent with this component of the 2022 Scoping Plan, and a significant impact would occur.
Table 3.4-5. 2022 Scoping Plan Priority GHG Reduction Strategies for Local Government Climate Action
Priority Areas Priority Strategies
Transportation
Electrification
Convert local government fleets to zero-emission vehicles (ZEV) Create a jurisdiction-specific ZEV ecosystem to support deployment of ZEVs statewide (such as permit streamlining, infrastructure siting, consumer education, or preferential parking policies) VMT Reduction Reduce or eliminate minimum parking standards in new developments Adopt and implement Complete Streets policies and investments, consistent with general plan circulation element requirements
Increase public access to shared clean mobility options (such as planning for and investing in electric shuttles, bike share, car share, transit)
Implement parking pricing or transportation demand management pricing strategies Amend zoning or development codes to enable mixed-use, walkable, and compact infill development (such as increasing allowable density of the neighborhood) Preserve natural and working lands
Building
Decarbonization
Adopt all-electric new construction reach codes
Adopt policies and incentive programs to implement energy efficiency retrofits (such as weatherization, lighting upgrades, replacing energy intensive appliances and equipment with more efficient systems, etc.)
Adopt policies and incentive programs to electrify all appliances and equipment in existing buildings Adopt policies and incentive programs to reduce electrical loads from equipment plugged into outlets (such as purchasing Energy Star equipment for municipal buildings, occupancy sensors, smart power strips, equipment controllers, etc.)
Facilitate deployment of renewable energy production and distribution and energy storage Source: CARB 2022.
Appendix D also includes a focus on addressing housing affordability and social equity, with a focus on infill development. As previously stated, the General Plan Update seeks to promote infill development and a range of housing types to promote housing af fordability. The proposed Environmental Justice Element addresses a range of social equity issues, including access to greenspaces and active transportation facilities. The Safety Element update promotes resiliency to the impacts of climate change, including extreme heat and wildfire hazards. Therefore, the General Plan Update would be consistent with this component of the Draft 2022 Scoping Plan.
Significance of Impact
Implementation of the General Plan Update would not implement all recommendations for local action in the 2022 Scoping Plan. This impact would be significant.
Section 3.4: Greenhouse Gas Emissions
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Mitigation Measures
Mitigation Measure GHG -1 would require implementation of a qualified CAP to identify GHG emissions reduction strategies that would achieve the City ’s fair-share contribution to achieving statewide emissions reduction goals. Until a plan is adopted, Mitigation Measure GHG-2 would be required to implement sustainability features at the individual project level, as feasible.
GHG-1: City-Wide Sustainability Program. The City of Victorville will complete and adopt a Climate Action Plan that meets the criteria specified in CEQA Guidelines , Section 15183.5(b), to be considered a qualified CAP . It is assumed that the adopted Climate Action Plan will demonstrate how the City of Victorville shall implement its fair share of greenhouse gas emissions reductions to achieve statewide emissions reduction goals.
The plan will be adopted in a public process following environmental review. The program shall include an inventory of existing community greenhouse gas emissions; establish greenhouse gas emissions reduction targets consistent with Senate Bill 32, Executive Order S-03-05, and EO B-55-18; identify greenhouse gas emissions reduction measures to achieve reduction targets; and establish a program to monitor progress. In addition, the plan will establish a level, based on substantial evidence, below which the contribution to greenhouse gas emissions from activities covered by the plan would not be cumulatively considerable . Gre enhouse gas emissions reduction measures may include but not be limited to the recommendations in Table 1, Priority GHG Reduction Strategies for Local Government Climate Action, in Appendix D to the California Air Resources Board California’s Draft 2022 Climate Change Scoping Plan.
GHG-2: Greenhouse Gas Reduction Features for Individual Projects. Until a local qualified Climate Action Plan is in place, and before the issuance of a building permit, the project applicant shall submit to the City of Victorville Planning and Building Departments documentation showing that the proposed project is consistent with the applicable and feasible recommendations for new development in Table 1, Priority GHG Reduction Strategies for Local Government Climate Action, in Appendix D to the California Air Resources Board California ’s Draft 2022 Climate Change Scoping Plan , provided in Table 3.4 -5, 2022 Scoping Plan Priority GHG Reduction Strategies for Local Government Climate Action , of the PEIR ; or implement project s pecific greenhouse gas mitigation measures as outlined in any required CEQA document (e.g. Mitigated Negative Declaration, EIR, etc.) . Additionally, residential development will be required to demonstrate consistency with the following 2022 Scoping Plan recommended attributes, as feasible unless otherwise addressed via project specific greenhouse gas mitigation measures as outlined in any required CEQA document:
At least 20 percent of the units are affordable to lower-income residents; Result in no net loss of existing affordable units;
Section 3.4: Greenhouse Gas Emissions
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Utilize existing infill sites that are surrounded by urban uses, and reuse or redevelop previously developed, underutilized land presently served by existing utilities and essential public services (e.g., transit, streets, water, sewer); Include transit -supportive densities (minimum of 20 residential dwelling units/acre), or are in proximity to existing transit (within ½ mile), or satisfy more detailed and stringent criteria specified in the adopted RTP/SCS for SCS consistency that would go further to reduce emissions;
Do not result in the loss or conversion of the state’s natural and working lands; Use all-electric appliances, without any natural gas connections, and would not use propane or other fossil fuels for space heating, water heating, or indoor cooking; Provide EV charging infrastructure at least in accordance with C ALGreen Tier 2 standards; and
Relax parking requirements by:
Eliminating parking requirements or including maximum allowable parking ratios. Providing residential parking supply at a ratio of <1 parking space per unit. Unbundling residential parking costs from costs to rent or lease.
Significance After Mitigation
Implementation of Mitigation Measures GHG -1 and GHG -2 would reduce GHG emissions consistent with the 2022 Scoping Plan. The timing of future CAP adoption is unknown at this time.
In the interim, Mitigation Measure GHG -2 would require development to implement measures consistent with 2022 Scoping Plan recommendations. However, t he leve l of effectiveness and feasibility of reduction measures would vary from project to project and depending on the individual project site, such as the location, size of development, access to transit, type of development, and existing site characteristics. Therefore, consistency with the updated Scoping Plan cannot be demonstrated at this time and this impact would remain significant and unavoidable.
3.4.5 Cumulative Impacts and Mitigation
The geographic scope of consideration for GHG emissions is on a global scal e because such emissions contribute, on a cumulative basis, to global climate change. Given the nature of environmental consequences from GHGs and global climate change, CEQA requires that lead agencies evaluate the cumulative impacts of GHGs, even relatively small additions, on a global basis.
By nature, GHG evaluations are a cumulative study. As discussed in Chapter 3, Environmental Analysis, the proposed General Plan Update is inherently cumulative and considers cumulative development that could occur in the planning area over a defined time frame. As described in Section
3.4.4, Impacts and Mitigation, implementation of the General Plan Update would result in GHG emissions that would be consistent with 2017 Scoping Plan per-capita emissions targets; however, it would not implement all applicable reduction strategies in the Draft 2022 Scoping Plan until a Section 3.4: Greenhouse Gas Emissions
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qualified CAP has been adopted. Mitigation Measures GHG -1 and GHG -2 would reduce GHG emissions compared to business -as-usual conditions; however, consiste ncy with the most recent Scoping Plan cannot be demonstrated at this time. While implementation of mitigation measures would reduce the General Plan Update ’s incremental contribution to the cumulative impact, the General Plan Update would have a cumulative ly considerable contribution to a significant cumulative GHG impact until a qualified CAP has been adopted.
Section 3.4: Greenhouse Gas Emissions
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Section 3.5: Noise
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3.5 Noise
This section evaluates the potential for impacts to noise resulting from implementation of the proposed City of Victorville General Plan Update (project). The analysis in this section is based on the information in the 2022 Transportation Impact Study (TIS) (VMT Analysis) prepared by CR Associates (Appendix E).
3.5.1 Existing Setting
This section describes the environmental setting for the project as it relates to noise.
3.5.1.1 Quantification of Noise
The California Department of Transportation defines “noise” as sound that is loud, unpleasant, unexpected, or undesired. Sound pressure levels are quantified using a logarithmic ratio of actual sound pressures to a reference pressure squared called “bels.” A bel is typically divided into tenths, or decibels (dB). Sound pressure alone is not a reliable indicator of loudness because frequency (or pitch) also affects how receptors respond to sound. To account for the pitch of sou nds and the corresponding sensitivity of human hearing to sounds, the raw sound pressure level is adjusted with a frequency-dependent A-weighting scale that is stated in units of decibels (dBA) (Caltrans 2013).
Typical A-weighted noise levels are listed in Table 3.5-1, Typical A-Weighted Noise Levels.
Table 3.5-1. Typical A-Weighted Noise Levels
Common Outdoor Activities
Noise Level
(dBA) Common Indoor Activities
— 110 — Rock band
Jet flyover at 1,000 feet — 105 —
— 100 —
Gas lawn mower at 3 feet — 95 —
— 90 —
Diesel truck at 50 feet at 50 miles per hour — 85 — Food blender at 3 feet — 80 — Garbage disposal at 3 feet
Noisy urban area, daytime — 75 —
Gas lawn mower, 100 feet — 70 — Vacuum cleaner at 10 feet Commercial area — 65 — Normal speech at 3 feet
Heavy traffic at 300 feet — 60 —
— 55 — Large business office
Quiet urban daytime — 50 — Dishwasher next room
— 45 —
Quiet urban nighttime — 40 — Theater, large conference room (background) Quiet suburban nighttime — 35 —
— 30 — Library
Section 3.5: Noise
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Table 3.5-1. Typical A-Weighted Noise Levels
Common Outdoor Activities
Noise Level
(dBA) Common Indoor Activities
Quiet rural nighttime Bedroom at night
— 20 —
Broadcast/recording studio
— 10 —
Lowest threshold of human hearing — 0 — Lowest threshold of human hearing Sources: Caltrans 2013.
Note: dBA = A-weighted decibel
A receptor’s response to a given noise may vary depending on the sound level, duration of exposure, character of the noise sources, time of day during which the noise is experienced, and the activity affected by the noise. Activities most affected by noise include rest, relaxation, recreation, study, and communications. In consideration of these factors, different measures of noise exposure have been developed to quantify the extent of the effects from a variety of noise levels. The Leq, or equivalent energy level, provides an average acoustical or sound energy content of noise measured during a prescribed period, such as 1 minute, 15 minutes, 1 hour, or 8 hours.
The sound level may not be constant over the measured time period, but the average dB sound level, given as dBA Leq, contains an equal amount of energy as the fluctuating sound level (Caltrans 2013). Community noise equivalent level (CNEL) is an average sound level during a 24- hour day that considers the 24 -hour day divided into three periods. CNEL i s obtained by adding an additional 5 dBA to sound levels in the evening between 7:00 p.m. and 10:00 p.m. and an additional 10 dBA to noise levels in the nighttime hours between 10:00 p.m. and 7:00 a.m. The day-night noise level (Ldn) is a 24 -hour weighted average with a 10 dBA penalty applied to the nighttime hours of 10:00 p.m. to 7:00 a.m . (City of Victorville 2008) . This penalty attempts to account for the fact that nighttime noise levels are potentially more disturbing than equal daytime noise levels. L dn and CNEL are typically within 1 dBA of each other and, for most intents and purposes, are interchangeable.
The dB level of a sound decreases (or attenuates) as the distance from the source of that sound increases. For a single point source, such as a pi ece of mechanical equipment, the sound level normally decreases by approximately 6 dBA for each doubling of distance from the source. Sound that originates from a linear, or “line” source, such as vehicular traffic, attenuates by approximately 3 dBA per do ubling of distance. Other contributing factors that affect sound reception include ground absorption; natural topography that provides a natural barrier; meteorological conditions; or the presence of human-made obstacles, such as buildings and sound barriers (Caltrans 2013).
Section 3.5: Noise
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3.5.1.2 Noise Effects
Reaction to a given sound varies depending on acoustical characteristics of the source and the environment of the receptor. The A-weighted scale de-emphasizes low-frequency sounds because humans are more sensitive to high-frequency sounds that are more likely to cause hearing damage.
People tend to compare an intruding noise to existing background noise levels. If a new noise is considerably louder or noticeable above existing levels, it is generally considered objectionabl e.
The activity that the receptor is engaged in also affects response. For example, the same noise source, such as constant freeway traffic, may be more objectionable to people sleeping than to workers in a factory. A 3 dBA change is the smallest increment that is perceptible by most receivers, and a 5 dBA change in CNEL is clearly noticeable. Generally, 1 to 2 dBA changes are not detectable, except under controlled laboratory conditions. A sound that is 10 dBA greater than the reference sound is typically perceived as twice as loud (Caltrans 2013).
3.5.1.3 Fundamentals of Environmental Vibration
The Federal Transit Administration (FTA) describes groundborne vibration as vibration that can cause buildings to shake and rumbling sounds to be heard. In contrast to airborne noise, groundborne 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. Common sources of groundborne vibration are trains, buses on rough roads, and construction activities such as blasting, pile driving, and operation of heavy earthmoving equipment. The effects of groundborne vibration include feel-able movement of the building floors, rattling of windows, shaking of items on shelves or hanging on walls, and rumbling sounds. In extreme cases, the vibration can cause damage to buildings. Building damage is typically only a factor in the case of blasting and pile driving during construction. Groundborne vibration related to potential building damage effects is generally related to the peak particle velocity in inches per second. Vibration levels are also given in dB notation, referred to as “vibration dB” (VdB), which compresses the range of numbers required to describe vibration relative to human response (FTA 2018).
3.5.2 Existing Noise Environment
Noise in the Planning Area is primarily characterized by traffic noise, particularly near Interstate 15, US Highway 395, State Route 18 (SR-18), Historic Route-66 (HR-66), and major roadways including Bear Valley Road, Palmdale Road (SR-18), Mojave Drive, 7th Street (HR-66), Amethyst Road, El Evado Road, Green Tree Boulevard, Hesperia Road, and La Mesa Road. Other transportation noise sources include the Burlington Northern Santa Fe Company, Union Pacific Railroad, and the Southern California Logistics Airport (SCLA). The primary stationary source of noise in the City of Victorville (the City) are manufacturing operations such as cement manufacturers that utilize outdoor rock crushing operations (City of Victorville 2008).
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Noise-Sensitive Land Uses
The City defines sensitive land uses as those where individuals primarily sleep including residences and hospitals as well as those that require quiet and hum an concentration including schools and libraries. Noise sensitive land uses , particularly residences, are currently located throughout the City and the City’s Sphere of Influence (SOI).
3.5.3 Regulatory Framework
This section describes the federal, state, and local regulatory framework adopted to address noise.
3.5.3.1 Federal
Federal Aviation Administration Standards
Enforced by the Federal Aviation Administration, Code of Federal Regulations, Title 14, Part 150, prescribes the procedures, standards, and methods governing the development, submission, and review of airport noise exposure maps and airport noise compatibility programs, including the process for evaluating and approving or disapproving those programs. Title 14 also identifies those land uses that are normally compatible with various levels of exposure to noise by individuals. The Federal Aviation Administration considers residential land uses to be compatible with exterior noise levels at or less than 65 dBA Ldn.
Federal Transit Administration Standards
Although the FTA standards are intended for federally funded mass transit projects, the impact assessment procedures and criteria included in the FTA Transit Noise and Vibration Impact Assessment Manual (FTA 2018) are routinely used for projects proposed b y local jurisdictions.
The manual includes criteria for assessing the impacts of groundborne vibration, which are presented in Table 3.5-2, Federal Transit Administration Groundborne Vibration Impact Criteria.
Table 3.5-2. Federal Transit Administration Groundborne Vibration Impact Criteria Land Use Category
Impact Levels (VdB)
Frequent Events1 Occasional Events2 Infrequent Events3
Category 1: Buildings where vibration would interfere
with interior operations 65 65 65
Category 2: Residences and buildings where people
normally sleep 72 75 80
Category 3: Institutional land uses with primarily
daytime uses 75 78 83
Sources: FTA 2018.
Notes: VdB = vibration decibel
Vibration levels measured in or near the vibration-sensitive use. 1 “Frequent Events” are defined as more than 70 vibration events of the same source per day. 2 “Occasional Events” are defined as between 30 and 70 vibration events of the same source per day. 3 “Infrequent Events” are defined as fewer than 30 vibration events of the same source per day.
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Noise Control Act
The Noise Control Act of 1972 identified uncontrolled noise as a danger to health and welfare, particularly for people in urban areas. Responsibility for noise control remains primarily a state and local issue; however, the Noise Control Act established a means for effective coordination of federal research and noise control activities (USEPA 2020). The act included a directive that the U.S. Environmental Protection Agency develop and publish information on noise levels to protect public health and welfare with an adequate margin of safety. In 1974, the U.S. Environmental Protection Agency published the Information on Levels of Environmental Noise Requisite to Protect Public Health and Welfare with an Adequate Margin of Safety. The document identifies an interior noise level of 45 dBA Ldn in indoor residential areas to be adequate to protect indoor activity from interference and annoyance. An exterior noise level of 55 dBA Ldn was identified as the maximum noise level to avoid interference and annoyance in residential areas and other areas in which quiet is a basis for use. A maximum 24-hour average outdoor noise level of 70 dBA Leq is recommended to prevent hearing loss (USEPA 1974).
3.5.3.2 State
California Noise Control Act
Sections 46000 through 46080 of the California Health and Safety Code, known as the California Noise Control Act of 1973, find that excessive noise is a serious hazard to the public health and welfare and that exposure to certain levels of noise can result in physiological, psychological, and economic damage. The California Noise Control Act declares that the State of California has a responsibility to protect the health and welfare of its citizens by the control, prevention, and abatement of noise. It is the policy of the state to provide an environment for all Californians free from noise that jeopardizes their health or welfare. Section 46050.1 of the act mandates development guidelines for the preparation and content of General Plan Noise Elements.
California Noise Insulation Standards
The California Noise Insulation Standards, found in the Title 24 California Building Standards Code, apply to new multiple -family residential development in areas exposed to ambient noise levels that exceed 65 dB CNEL. New multiple-family development in these areas must reduce exterior to interior noise levels to an interior noise level of 45 dBA CNEL through insulation, construction, or design.
3.5.3.3 Local
Victorville General Plan 2030
Policies and implementation measures pertaining to noise are contained in the Land Use and Noise Elements of the City of Victorville General Plan 2030. Table 3.5-3, Victorville Land Use Section 3.5: Noise
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Compatibility Standards, illustrates acceptable and unacceptable noise levels for various land uses as established by the U.S. Department of Housing and Urban Development and State of California Guidelines.
Table 3.5-3. Victorville Land Use Compatibility Standards Community Noise Exposure Ldn or CNEL, dB
Land Use Categories 55 60 65 70 75 80+ --
Residential- Low Density, Single Family, Duplex,
Multi-family, Mobile Home
1 1 2 2 3 4 4
Transient Lodging – Motels, Hotels 1 1 2 2 3 3 4
Schools, Libraries, Churches, Hospitals, Nursing
Homes
1 1 2 3 3 4 4
Auditoriums, Concert Halls, Amphitheaters 2 2 3 3 4 4 4 Sports Arena, Outdoor Spectator Sports 2 2 2 2 3 3 3
Playgrounds, Neighborhood Parks 1 1 1 2 3 3 3
Gold Courses, Riding Stables, Water Recreation,
Cemeteries
1 1 1 2 2 4 4
Office Buildings, Business Commercial, Retail
Commercial and Professional
1 1 1 2 2 3 3
Industrial, Manufacturing, Utilities 1 1 1 1 2 2 2
Agriculture 1 1 1 1 1 1 1
Notes:
1. NORMALLY ACCEPTABLE: Specified land use is satisfactory, based upon the assumption that any buildings involved are of normal conventional construction, without any special noise insulation requirements.
2. CONDITIONALLY ACCEPTABLE: New construction or development should be undertaken only after a detailed analysis of the noise reduction requirements is made and Schools, Libraries, Churches, Hospitals, Nursing Homes 1 needed noise insulation features included in the design. Conventional construction, with closed windows and fresh air supply systems or air conditioning will normally suffice.
3. NORMALLY UNACCEPTABLE: New construction or development should generally be discouraged. If new construction or development does proceed, a detailed analysis of the noise reduction requirements must be made and needed noise insulation features included in the design.
4. CLEARLY UNACCEPTABLE: New construction or development should generally not be undertaken.
Other relevant Noise Element implementation measures include the following:
Implementation Measure 1.1.1.1: Continue to assess projects through the subdivision, site plan, conditional use permit, and other development review pro cesses and incorporate conditions of approval which ensure noise compatibility where appropriate. Implementation Measure 1.1.1.2: Prohibit new single -family residential land uses in areas with a CNEL of 65 dB or greater.
Implementation Measure 1.1.1.3: Require a noise study to be performed and appropriate noise attenuation to be incorporated prior to approving any multifamily or mixed -use residential development in an area with a CNEL of 65 dB or greater. Policy 1.2.1: Include noise mitigation measures in t he design and use of new roadway projects.
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Implementation Measure 2.1.1.3: Discourage location of new educational facilities in areas with noise levels greater than 65 dB CNEL.
Implementation Measure 2.1.1.5: Continue to restrict noise and require mitigati on measures for any noise-emitting construction equipment or activity. Implementation Measure 2.1.1.6: Reduce speed limits on arterial streets if necessary to lower sound to appropriate levels for adjacent and surrounding land uses. Implementation Measure 2.2.1.1: Place the following condition on all new residential projects in the Planning Area: The applicant/developer shall record an Airport Location Notice, which discloses the direction and distance from SCLA. This notice shall record with the final map, including legal descriptions for all lots, and shall be subject to staff review and approval.
Implementation Measure 2.2.1.2: Place the following condition on all development within the airport influence area, roughly north of Mojave Drive and west of Amargosa Road: The applicant/developer shall record an Avigation Easement, which allows for the continued operation of overhead flights from SCLA. The Avigation Easement shall be recorded prior to the issuance of any building permits, and shall be subject to staff review and approval.
City of Victorville Municipal Code
Chapter 13.01, Noise Control, of the Victorville Municipal Code , referred to as the City’s Noise Ordinance, establishes criteria and standards for the regulation of noise levels in the City. As outlined in Chapter 13.01 and as indicated in Table 3.5-4, Ambient Noise Levels , maximum ambient noise levels are based on zoning.
Table 3.5-4. Ambient Noise Levels
Zone Time Period Sound Level Decibels (dba)1
All Residential Zones 10 p.m. – 7 a.m. 55
7 a.m. – 10 p.m. 65
All Commercial Zones Anytime 70
All Industrial Zones Anytime 75
Sources: Victorville Municipal Code, Section 13.01.040, Base Ambient Noise Levels Notes: If ambient noise level exceeds the applicable limit noted, the ambient noise level shall be the standard.
Victorville Municipal Code, Section 13.01.050, Noise Levels Prohibited, states that noise levels shall not exceed the ambient noise levels identified in Section 13.01.040 (Table 3.5-4) by the following dBA levels for the cumulative period of time specified:
1. Less than 5 dB(A) for a cumulative period of more than thirty minutes in any hour.
2. Less than 10 dB(A) for a cumulative period of more than fifteen minutes in any hour.
3. Less than 15 dB(A) for a cumulative period of more than five minutes in any hour.
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4. Less than 20 dB(A) for a cumulative period of more than one minute in any hour.
5. 20 dB(A) or more for any period of time.
Victorville Municipal Code, Section 13.01.06, Noise Source Exemptions, identifies the following activities as being exempted from the provisions of Chapter 13.01:
1. All mechanical devices, apparatus or eq uipment used, related to or connected with emergency machinery, vehicle or work.
2. The provisions of this regulation shall not preclude the construction, operation, maintenance and repairs of equipment, apparatus or facilities of park and recreation projects, public works projects or essential public works services and facilities, including those utilities subject to the regulatory jurisdiction of the California Public Utilities Commission.
3. Activities conducted on the grounds of any elementary, intermediate or secondary school or college.
4. Outdoor gatherings, public dances and shows, provided said events are conducted pursuant to a permit as required by this code.
5. Activities conducted in public parks and public playgrounds, provided said events are conducted pursuant to a permit as required by this code.
6. Any activity to the extent regulation thereof has been preempted by state or federal law.
7. Traffic on any roadway or railroad right-of-way.
8. The operation of the SCLA.
9. Construction activity on private proper ties that are determined by the director of building and safety to be essential to the completion of a project.
3.5.4 Thresholds of Significance
According to Appendix G of the CEQA Guidelines, the project would have a significant impact on noise if it would:
Threshold 1: 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. Threshold 2: Generation of excessive groundborne vibration or groundborne noise levels. Threshold 3: 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, expose people residing or working in the project area to excessive noise levels.
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3.5.5 Impacts and Mitigation
The following sections address various potential impacts relating to noise that could result from implementation of the project.
3.5.5.1 Threshold 1: Exceedance of Noise Standards
Impact Analysis
Potential impacts related to excessive noise levels from construction and operation of future development proposed through implementation of the General Plan Update are discussed below.
Construction Noise
Construction noise associated with future development under the General Plan Update would be temporary and would vary depending on the nature of the activities being performed. Noise generated would primarily be associated with th e operation of off -road equipment for on -site construction activities and construction vehicle traffic on area roadways. Construction noise typically occurs intermittently and varies depending on the nature or phase of construction (e.g., land clearing, gr ading, excavation, paving). The magnitude of the impact would depend on the type of construction activity, equipment, duration of the construction phase, distance between the noise source and receiver, and intervening structures. As shown in Table 3.5 -5, Typical Noise Levels for Construction Equipment, sound levels from typical construction equipment range from 74 to 85 dBA Leq at 50 feet from the source (FHWA 2008). Noise from construction equipment generally exhibits point source acoustical characteristics. As defined previously, a point source sound decays at a rate of 6 dBA per doubling of distance from the source.
Table 3.5-5. Typical Noise Levels for Construction Equipment Construction Equipment Typical Noise Level at 50 Feet (dBA) Air Compressor 77.7
Backhoe 77.6
Concrete Mixer Truck 78.8
Crane 80.6
Dozer 81.7
Dump Truck 76.5
Excavator 80.7
Generator 80.6
Grader 85
Loader 79.1
Paver 77.2
Roller 80
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Table 3.5-5. Typical Noise Levels for Construction Equipment Construction Equipment Typical Noise Level at 50 Feet (dBA) Scraper 83.6
Tractor 84
Welder 74
Sources: FHWA 2008.
Notes: dBA = A-weighted decibel
No specific development is proposed at this time; thus, construction phasing and equipment parameters are not available for future development under the General Plan Update. However, typical construction activities that would be a nticipated to occur in association with the development of future land uses and infrastructure would include grading and site preparation; utilities installation; surface improvements, including paving and landscaping; building construction; and external/i nternal building work. Construction of any off -site improvements could require vegetation clearing, underground utility installation, and paving. Standard equipment commonly used for construction projects include dozers, loaders, graders, backhoes, scrapers, and miscellaneous trucks. As stated previously, sound levels from typical construction equipment have the potential to reach 90 dBA Leq.
Section 13.01.060 of the City of Victorville Municipal Code indicates that construction activity is considered exempt from the Noise Ordinance noise level standards. However, future construction may result in a substantial temporary or periodic noise increase. New construction would occur in existing developed areas and would have the potential to expose existing sensit ive receptors to a temporary increase in noise levels that may be considered substantial. Therefore, future construction impacts associated with development under the General Plan Update are considered significant.
Operational Noise
Implementation of the G eneral Plan Update would accommodate a range of land uses that have the potential to generate noise that may affect noise -sensitive receptors. These uses include residential development, commercial and office development, mixed-use development, industrial development, and civic and public development.
Residential Development
A variety of residential densities would be accommodated under the General Plan Update, with a focus on mixed-use and higher density residential development. Noise generated from residential uses is generally described as “nuisance noise.” Nuisance noise is defined as intermittent or temporary neighborhood noise from sources such as amplified music, barking dogs, and landscape maintenance equipment, that may be disturbing to other reside nts. Nuisance noise impacts are more likely to occur in more densely developed areas where residences would be closer together Section 3.5: Noise
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and where neighbors would be more likely to hear a neighbor’s dog or music. As such, the higher density residential development a ccommodated by the Project would likely experience periodic nuisance noise. However, single-family development would also likely be exposed to occasional nuisance noise.
The Victorville Municipal Code, Chapter 1 3.01, Noise Control, prohibits nuisance noise from exceeding the noise standards at any time. Compliance with the Victorville Noise Ordinance would limit exposure to excessive nuisance noise. Additionally, nuisance noises would be different from each other in kind, duration, and location. Therefore, because the overall effects would be separate and, in most cases, would not affect the receptors at the same time, noise from residential development would not combine and exceed the Noise Ordinance limits. Therefore, nuisance noise from residential development would not result in a significant impact.
Commercial and Office Development
Commercial and office noise sources would be similar to existing conditions with implementation of the proposed project because these land uses currently exist throughout the City; however, development intensity would increase with implementation of the proposed project, especially in the City Center and existing commercial corridors. The future mix of retail and office uses is currently unknown, along with the specific noise producing equipment associated with each use.
The noise level generated by commercial uses on site would vary depending on the specific types of commercial uses that would occupy available space. The exact noise level generated cannot be specifically quantified at this time because of many variables involved. These include the specific land use type, size of equipment, location and orientation of equipment, number and location of loading docks, and parking areas. Therefore, it is not possible to determine the level of noise impact of individual commercial uses at specific locations at this time. Thus, the analysis focuses on typical noise produced from commercial development including heating, ventilation, and air conditioning (HVAC) equipment; commercial truck deliveries at loading docks; and parking lots.
The specifications and locations of the HVAC systems that would be installed at commercial or mixed-use buildings are unknown at this time. Therefore, for the purposes of this analysis, it is assumed that the HVAC systems of a mixed -use commercial and residential project would be typical of a community-serving retail and office building. Typical HVAC systems, if unshielded, have the potential to emit continuous noise levels of up to 60 dBA CNEL at a distance of 200 feet from the source (City of Escondido 2012). Areas zoned for commercial and office uses are subject to an hourly noise level limit of 70 dBA as stated in the Noise Ordinance, and residential areas are subject to a noise level limit of 65 dBA dur ing the day and 55 dBA during the night . Future commercial and office development with HVAC system shielding would be required to comply with the noise level limit standards and implement shielding or other measures to reduce equipment noise level as neces sary. Therefore, with required compliance with the noise limits outlined in the Noise Ordinance, impacts would be less than significant.
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In addition to HVAC systems, commercial land uses also have the potential to generate noise from truck deliveries, such as engines idling and beeping from back up warning signals at commercial loading docks. Truck trips to the proposed project would involve deliveries of supplies and products to commercial uses. State law (13 CCR 2485) currently prohibits heavy -duty diesel delivery trucks from idling more than 5 minutes. Therefore, noise from idling would be limited to 5 minutes during truck deliveries. Beeping from trucks would not be continuous and would only occur while the truck is backing up. Given the intermittent and short duration of noise from individual truck deliveries, truck deliveries would not be a source of excessive ambient noise and would be consistent with existing conditions . In compliance with state law and the noise limits outlined in the Noise Ordinance, impacts would be less than significant.