CITY OF VICTORVILLE INITIAL STUDY AND MITIGATED NEGATIVE DECLARATIONTHE COURT (99-UNIT TOWNHOME DEVELOPMENT)APN 3091-161-02 & 3091-161-04NWC SILICA DR. & FIRST AVE.
PAGE 1
INITIAL STUDY AND MITIGATED NEGATIVE DECLARATIONTHE COURT 99 UNIT TOWNHOME PROJECTNWC OF SILICA DR. AND FIRST AVE. APN 3091-161-02 & 3091-161-04 VICTORVILLE, CALIFORNIA LEAD AGENCY: CITY OF VICTORVILLEPLANNING DEPARTMENT 14343 CIVIC DRIVEVICTORVILLE, CALIFORNIA 92392 REPORT PREPARED BY: BLODGETT BAYLOSIS ENVIRONMENTAL PLANNING 2211 S. HACIENDA BOULEVARD, SUITE 107 HACIENDA HEIGHTS, CALIFORNIA 91745 JANUARY 2, 2026 VICT 012
CITY OF VICTORVILLE INITIAL STUDY AND MITIGATED NEGATIVE DECLARATIONTHE COURT (99-UNIT TOWNHOME DEVELOPMENT)APN 3091-161-02 & 3091-161-04NWC SILICA DR. & FIRST AVE.
PAGE 2
THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK.
CITY OF VICTORVILLE INITIAL STUDY AND MITIGATED NEGATIVE DECLARATIONTHE COURT (99-UNIT TOWNHOME DEVELOPMENT)APN 3091-161-02 & 3091-161-04NWC SILICA DR. & FIRST AVE.
PAGE 5
TABLE OF CONTENTS SECTION 1. INTRODUCTION ............................................................................................ 71.1 OVERVIEW OF THE PROPOSED PROJECT .................................................................................................................. 71.2 PURPOSE OF THIS INITIAL STUDY ............................................................................................................................ 71.3 RESPONSIBLE AND TRUSTEE AGENCIES ................................................................................................................... 81.4 INITIAL STUDYS ORGANIZATION ............................................................................................................................ 8SECTION 2. PROJECT DESCRIPTION .............................................................................. 92.1 PROJECT LOCATION ............................................................................................................................................... 92.2 ENVIRONMENTAL SETTING .................................................................................................................................... 9Exhibit 1 Regional Map ...................................................................................................................................... 10Exhibit 2 Citywide Map ...................................................................................................................................... 11Exhibit 3 Local Map ........................................................................................................................................... 12Exhibit 4 Aerial Image of Project Site ............................................................................................................... 13Table 1 Existing Land Use and Land Use Zoning Districts .............................................................................. 142.3 PROJECT DESCRIPTION ........................................................................................................................................ 14Table 2 Summary of Proposed Project .............................................................................................................. 16Exhibit 5 Site Plan ............................................................................................................................................... 17Exhibit 6 A Building Elevations ......................................................................................................................... 18Exhibit 7 B Building Elevations ......................................................................................................................... 192.6 DISCRETIONARY ACTIONS .................................................................................................................................... 20SECTION 3. ENVIRONMENTAL ANALYSIS .................................................................... 213.1 AESTHETICS ......................................................................................................................................................... 223.2 AGRICULTURE & FORESTRY RESOURCES............................................................................................................... 243.3 AIR QUALITY ....................................................................................................................................................... 26Table 3 Estimated Daily Construction Emissions ............................................................................................ 29Table 4 Estimated Operational Emissions in lbs./day ..................................................................................... 293.4 BIOLOGICAL RESOURCES ...................................................................................................................................... 313.5 CULTURAL RESOURCES ........................................................................................................................................ 383.6 ENERGY ............................................................................................................................................................... 43Table 5 Proposed Projects Electrical Consumption ......................................................................................... 443.7 GEOLOGY & SOILS ................................................................................................................................................ 453.8 GREENHOUSE GAS EMISSIONS ............................................................................................................................. 49Table 6 Greenhouse Gas Emissions ................................................................................................................... 51Table 7 GHG Climate Action Plan Checklist (Residential) ............................................................................... 523.9 HAZARDS & HAZARDOUS MATERIALS ................................................................................................................... 533.10 HYDROLOGY & WATER QUALITY ........................................................................................................................ 563.11 LAND USE PLANNING ......................................................................................................................................... 60Table 8 Existing Land Use and Land Use Zoning Districts ............................................................................. 613.12 MINERAL RESOURCES ........................................................................................................................................ 623.13 NOISE ................................................................................................................................................................ 64Table 9 Common Effects of Construction Vibration ......................................................................................... 663.14 POPULATION & HOUSING ................................................................................................................................... 673.15 PUBLIC SERVICES ............................................................................................................................................... 693.16 RECREATION ....................................................................................................................................................... 713.17 TRANSPORTATION .............................................................................................................................................. 73Table 10 Project Trip Generation ...................................................................................................................... 743.18 TRIBAL CULTURAL RESOURCES .......................................................................................................................... 753.19 UTILITIES AND SERVICE SYSTEMS ....................................................................................................................... 78Table 11 Projected Water Consumption ............................................................................................................ 79Table 12 Projected Effluent Generation ............................................................................................................80Table 13 Projected Solid Waste Generation ......................................................................................................803.20 WILDFIRE ......................................................................................................................................................... 81 CITY OF VICTORVILLE INITIAL STUDY AND MITIGATED NEGATIVE DECLARATIONTHE COURT (99-UNIT TOWNHOME DEVELOPMENT)APN 3091-161-02 & 3091-161-04NWC SILICA DR. & FIRST AVE.
PAGE 6
3.21 MANDATORY FINDINGS OF SIGNIFICANCE ........................................................................................................... 82SECTION 4. CONCLUSIONS ........................................................................................... 854.1 FINDINGS ............................................................................................................................................................. 854.2 MITIGATION MONITORING ................................................................................................................................... 85SECTION 5. REFERENCES .............................................................................................. 875.1 PREPARERS .......................................................................................................................................................... 875.2 REFERENCES ....................................................................................................................................................... 87APPENDICES (UNDER A SEPARATE COVER) APPENDIX AAIR QUALITY WORKSHEETSAPPENDIX BBIOLOGICAL REPORTAPPENDIX CJURISDICTIONAL DELINEATION REPORTAPPENDIX D CULTURAL RESOURCES ASSESSMENT APPENDIX E HYDROLOGY REPORTAPPENDIX F GEOTECHNICAL INVESTIGATION APPENDIX G UTILITIES APPENDIX H GHG SCREENING TABLE APPENDIX I TRAFFIC REPORT CITY OF VICTORVILLE INITIAL STUDY AND MITIGATED NEGATIVE DECLARATIONTHE COURT (99-UNIT TOWNHOME DEVELOPMENT)APN 3091-161-02 & 3091-161-04 NWC SILICA DR. & FIRST AVE.
INITIAL STUDY MITIGATED NEGATIVE DECLARATION PAGE 7
SECTION 1. INTRODUCTION 1.1 OVERVIEW OF THE PROPOSED PROJECT The proposed project would involve the development of the 8.52-acre site with a new multiple-family residential development that would consist of 99-townhouse units with recreational amenities including a club house, pool area, game courts, and walkways. The proposed 99 unit townhome complex would include 20, 3 story buildings consisting of the following: 5 six-plex buildings with 6 units each, 13 five-plex buildings with 5 units each, 1 four-plex building with 4 units each, and 1 recreational building. Each of the 99 townhouse units would include an enclosed two or three-car garage. The 20 buildings would have a total floor area of 248,414 square feet. Each unit would have 1,138 square feet of common open space and between 175 to 354 square feet of private open space. The total site area is 8.52 acres or 371,131 square feet. Vehicular access to the project site would be provided by a new gated driveway connection with the north side of Silica Drive and a gated secondary connection with the west side of First Avenue. A total of 254 vehicle parking spaces and 38 bicycle parking stalls would be provided. Landscaping would total 112,714 square feet.1 1.2 PURPOSE OF THIS INITIAL STUDY The City of Victorville is the designated Lead Agency, and as such, the City will be responsible for the projects environmental review. Section 21067 of California Environmental Quality Act (CEQA) defines a Lead Agency as the public agency that has the principal responsibility for carrying out or approving a project that may have a significant effect on the environment.2 As part of the proposed projects environmental review, the City of Victorville has authorized the preparation of this Initial Study.3 The primary purpose of CEQA is to ensure that decision-makers and the public understand the environmental implications of a specific action or project. An additional purpose of this Initial Study is to ascertain whether the proposed project would have the potential for significant adverse impacts on the environment once it is implemented. Pursuant to the CEQA Guidelines, additional purposes of this Initial Study include the following: To provide the City of Victorville with information to use as the basis for deciding whether to prepare an environmental impact report (EIR), mitigated negative declaration, or negative declaration for a project; To facilitate the projects environmental assessment early in the design and development of the proposed project; To eliminate unnecessary EIRs; and, To determine the nature and extent of any impacts associated with the proposed project. Although this Initial Study was prepared with consultant support, the analysis, conclusions, and findings made as part of its preparation fully represent the independent judgment and position of the City of Victorville in its capacity as the Lead Agency. The City determined, as part of this Initial Studys preparation, that a Mitigated Negative Declaration is the appropriate environmental document for the proposed projects CEQA review. Certain projects or actions may also require oversight approvals or permits from other public agencies. These other agencies are referred to as Responsible Agencies and Trustee Agencies, pursuant to Sections 15381 and 15386 of the State CEQA 1 Twen Ma Architects. The Court (99-Unit Townhome Condos). Site Plan, Sheet A-0.0. July 2024. 2 California, State of. California Public Resources Code. Division 13, Chapter 2.5. Definitions. as Amended 2001. §21067. 3 Ibid. (CEQA Guidelines) §15050.
CITY OF VICTORVILLE INITIAL STUDY AND MITIGATED NEGATIVE DECLARATIONTHE COURT (99-UNIT TOWNHOME DEVELOPMENT)APN 3091-161-02 & 3091-161-04 NWC SILICA DR. & FIRST AVE.
INITIAL STUDY MITIGATED NEGATIVE DECLARATION PAGE 8
Guidelines.4 This Initial Study and Mitigated Negative Declaration will be forwarded to the Governors Office of Land Use and Climate Innovation (the State Clearinghouse). A 30-day public review period will be provided to allow these entities and other interested parties to comment on the proposed project and the findings of this Initial Study.5 Questions and/or comments should be submitted to the following contact person: City of Victorville Planning Department 14343 Civic Drive Victorville, California 92323 1.3 RESPONSIBLE AND TRUSTEE AGENCIES The following annotated outline summarizes the permits needed from Responsible and Trustee Agencies: Regional Water Quality Control Board requires a Report of Waste Discharge to be submitted and reviewed. California Department of Fish and Wildlife requires a Section 1602 Streambed Alteration Agreement. 1.4 INITIAL STUDYS ORGANIZATION The following annotated outline summarizes the contents of this Initial Study: Section 1 Introduction provides the procedural context surrounding this Initial Study's preparation and insight into its composition. Section 2 Project Description provides an overview of the existing environment as it relates to the project area and describes the proposed projects physical and operational characteristics. Section 3 Environmental Analysis includes an analysis of potential impacts associated with the construction and the subsequent operation of the proposed project. Section 4 Conclusions summarizes the findings of the analysis. Section 5 References identifies the sources used in the preparation of this Initial Study. 4 California, State of. Public Resources Code Division 13. The California Environmental Quality Act. Chapter 2.5, Section 21067, and Section 21069. 2000. 5 California, State of. Public Resources Code Division 13. The California Environmental Quality Act. Chapter 2.6, Section 2109(b). 2000.
CITY OF VICTORVILLE INITIAL STUDY AND MITIGATED NEGATIVE DECLARATIONTHE COURT (99-UNIT TOWNHOME DEVELOPMENT)APN 3091-161-02 & 3091-161-04 NWC SILICA DR. & FIRST AVE.
INITIAL STUDY MITIGATED NEGATIVE DECLARATION PAGE 9
SECTION 2. PROJECT DESCRIPTION 2.1 PROJECT LOCATIONThe proposed project site is located in the south-eastern portion of the City of Victorville. The City of Victorville is located in the southwestern portion of San Bernardino County in the southwestern Mojave Desert physiographic subregion. This physiographic subregion is more commonly referred to as either the Victor Valley or the "High Desert" due to its approximate elevation of 2,900 feet above sea level. The Victor Valley is separated from the more populated areas of coastal Southern California by the San Bernardino and San Gabriel mountains. The City of Victorville is bounded on the north by unincorporated San Bernardino County (Oro Grande); on the east by Apple Valley and unincorporated San Bernardino County (Bell Mountain); on the south by the City of Hesperia and unincorporated San Bernardino County (Oak Hills); and on the west by the City of Adelanto and unincorporated San Bernardino County (Baldy Mesa).6 Regional access to the City of Victorville is provided by three area highways: the Mojave Freeway (Interstate 15), extending in a southwest to northeast orientation through the center of the City; U.S. Highway 395, traversing the western portion of the City in a northwest to southeast orientation; and Palmdale Road (SR-18) (State Route 18), which traverses the southern portion of the City in an east to west orientation.7 The location of Victorville, in a regional context, is shown in Exhibit 1. A citywide map is provided in Exhibit 2. The proposed project site is located to the east of the Mojave Freeway (I-15) on the northwest corner of Silica Road and First Avenue. The site is bounded by Silica Road on the south and First Avenue on the east side. Currently, no legal address has been assigned to the project site. The corresponding Assessor Parcel Number (APN) is 3091-161-02 and 3091-161-04. The project site is located within the Hesperia, Calif., United States Geological Survey (USGS) 7 ½ Minute Quadrangle (Township 5 North, Range 4 West, Section 33, San Bernadino Principal Meridian). The project sites latitude and longitude is 34°28'43.97" N; -11717'46.68" W. A local vicinity map is provided in Exhibit 3. An aerial photograph of the site and the surrounding area is provided in Exhibit 4. 2.2 ENVIRONMENTAL SETTINGThe site is currently vacant and undeveloped. An aerial photograph of the site and the surrounding area is provided in Exhibit 3. The vegetation community present on site supports a moderately disturbed Mojave Desert Scrub habitat. The project sites General Plan designation is Medium Low Density Residential and the underlying zone is Planned Unit Development (PUD) however, a rezoning to Low-Medium Density Residential (R-2) is required to implement the proposed project. Land uses and development located in the vicinity of the proposed project are outlined below: North of the project site: An existing Bible Baptist Church is located to the north of the project side. This area is designated as Medium Low Density Residential in the City of Victorville General Plan and is zoned as Low-Medium Density Residential (R-2) in the City of Victorville zoning map.8 6 Blodgett Baylosis Environmental Planning. 2024. 7 Google Earth and City of Victorville Zoning Map. https://www.arcgis.com/apps/. Website accessed February 1, 2024. 8 Ibid.
CITY OF VICTORVILLE INITIAL STUDY AND MITIGATED NEGATIVE DECLARATIONTHE COURT (99-UNIT TOWNHOME DEVELOPMENT)APN 3091-161-02 & 3091-161-04 NWC SILICA DR. & FIRST AVE.
INITIAL STUDY MITIGATED NEGATIVE DECLARATION PAGE 10
EXHIBIT 1 REGIONAL MAPSOURCE: BLODGETT BAYLOSIS ENVIRONMENTAL PLANNING CITY OF VICTORVILLE INITIAL STUDY AND MITIGATED NEGATIVE DECLARATIONTHE COURT (99-UNIT TOWNHOME DEVELOPMENT)APN 3091-161-02 & 3091-161-04 NWC SILICA DR. & FIRST AVE.
INITIAL STUDY MITIGATED NEGATIVE DECLARATION PAGE 11
EXHIBIT 2 CITYWIDE MAP SOURCE: BLODGETT BAYLOSIS ENVIRONMENTAL PLANNING CITY OF VICTORVILLE INITIAL STUDY AND MITIGATED NEGATIVE DECLARATIONTHE COURT (99-UNIT TOWNHOME DEVELOPMENT)APN 3091-161-02 & 3091-161-04 NWC SILICA DR. & FIRST AVE.
INITIAL STUDY MITIGATED NEGATIVE DECLARATION PAGE 12
EXHIBIT 3 LOCAL MAPSOURCE: BLODGETT BAYLOSIS ENVIRONMENTAL PLANNING CITY OF VICTORVILLE INITIAL STUDY AND MITIGATED NEGATIVE DECLARATIONTHE COURT (99-UNIT TOWNHOME DEVELOPMENT)APN 3091-161-02 & 3091-161-04 NWC SILICA DR. & FIRST AVE.
INITIAL STUDY MITIGATED NEGATIVE DECLARATION PAGE 13
EXHIBIT 4 AERIAL IMAGE OF PROJECT SITE SOURCE: BLODGETT BAYLOSIS ENVIRONMENTAL PLANNING
CITY OF VICTORVILLE INITIAL STUDY AND MITIGATED NEGATIVE DECLARATIONTHE COURT (99-UNIT TOWNHOME DEVELOPMENT)APN 3091-161-02 & 3091-161-04 NWC SILICA DR. & FIRST AVE.
INITIAL STUDY MITIGATED NEGATIVE DECLARATION PAGE 15
residential floor area would total approximately 187,077 square feet. The east and south portions of the site would be dedicated to street improvements. 34 feet from the southern property line would be dedicated to Silica Drive and 62 to 75 feet would be dedicated to First Avenue. Type A Unit Group. There are 13 Type A buildings in total, 8 buildings would have 5 units and 4 buildings would have 6 units. The buildings with 5 units would consist of 4, 3 bedroom units with each unit having a total square footage of 1,810 and 1, 4 bedroom unit with 1,951 total square feet. Each unit would have a 76 square foot private garden and a 103 square foot balcony for 179 square feet of private open space as well as a 440 square foot, 2 car garage. Type B Unit Group. There are 6 Type B buildings in total, 4 buildings would have 5 units, 1 building would have 4 units, and 1 building would have 6 units. All Type B buildings have up to 3, 4 bedroom units with 1,979 square feet per unit and either 3 or 4, 3 bedroom units with 1,845 square feet per unit. The 3 bedroom units would have a 100 square foot private garden and a 75 square foot balcony for 175 square feet of private open space and a 460 square foot, 2 car garage. The 4 bedroom units would have a 100 square foot private garden and a 75 square foot balcony for 175 square feet of private open space as well as a 460 square foot, 2 car garage. Additionally, there are 3, 4 bedroom units that are 2,500 square feet per unit with a 200 square foot private garden and a 135 square foot balcony for 354 square feet of private open space as well as a 747 square foot garage, 3 car garage. Landscaping. Landscaping would total 112,714 square feet. The landscaping would be installed along the sites perimeter, and within the sites interior. A 10,000 square foot retention basin would be provided along the sites north site within the dog park. Access, Circulation, and Parking. A total of 254 parking spaces would be provided, of which 53 are guest parking stalls, 6 ADA stalls, and 201 are in 2 to 3 car garages. There would also be 38 bicycle parking stalls. Vehicular access to the project site would be provided by a new gated driveway connection on the north side of Silica Drive and a secondary connection gated on the west side of First Avenue. Internal drive aisles, with a width of 30-feet surround the central area and pedestrian walkways with a width of 5 feet, would provide a connection throughout the site. Amenities. Amenities for the proposed project would be located in the center of the site, surrounding the clubhouse (10,040 square feet) and on the north and west borders of the project. The center amenities would include the clubhouse, desert landscape garden, barbeque, pool (1,150 square feet), pool deck, water jet park, childrens playground, full basketball court (4,700 square feet), and 2 pickleball courts (3,200 square feet). There would also be a dog park located on the northern border and a dog walkway that extends from the dog parks to the southwest of the project site. The proposed site plan is illustrated in Exhibit 6.
CITY OF VICTORVILLE INITIAL STUDY AND MITIGATED NEGATIVE DECLARATIONTHE COURT (99-UNIT TOWNHOME DEVELOPMENT)APN 3091-161-02 & 3091-161-04NWC SILICA DR. & FIRST AVE.
INITIAL STUDY MITIGATED NEGATIVE DECLARATION PAGE 17
EXHIBIT 5 SITE PLAN SOURCE: TWEN MA ARCHITECTS
CITY OF VICTORVILLE INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION THE COURT (99-UNIT TOWNHOME DEVELOPMENT) APN 3091-161-02 & 3091-161-04 NWC SILICA DR. & FIRST AVE.
INITIAL STUDY MITIGATED NEGATIVE DECLARATION PAGE 19
EXHIBIT 7 B BUILDING ELEVATIONSSOURCE: TWEN MA ARCHITECTS CITY OF VICTORVILLE INITIAL STUDY AND MITIGATED NEGATIVE DECLARATIONTHE COURT (99-UNIT TOWNHOME DEVELOPMENT)APN 3091-161-02 & 3091-161-04 NWC SILICA DR. & FIRST AVE.
INITIAL STUDY MITIGATED NEGATIVE DECLARATION PAGE 20
Task 2 Site Preparation. During this phase, the building footings, utility lines, and other underground infrastructure would be installed. The typical heavy equipment used during this construction phase would include bulldozers, offroad trucks, back-hoes, and trenching equipment. Task 3 Building Construction. The new buildings would be constructed during this phase. The typical heavy equipment used during this construction phase would include offroad trucks, cranes, and fork-lifts Task 4 Paving and Finishing. This concluding task would involve the paving and finishing. The typical heavy equipment used during this construction phase would include trucks, backhoes, rollers, pavers, and trenching equipment. 2.6 DISCRETIONARY ACTIONS A Discretionary Action is an action taken by a government agency (for this project, the government agency is the City of Victorville) that calls for an exercise of judgment in deciding whether to approve a project. The following discretionary approvals are required: Site Plan review; The approval of a Conditional Use Permit (CUP); The approval of a Tentative Tract Map (TTM); The approval of a Zone Change; and, Approval of the Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP). The proposed projects implementation would require a zone change from Planned Unit Development to Low-Medium Density Residential (R-2). Pursuant to Section 16-3.07.010 (Permitted and Conditional Land Uses-all zoning districts), Multiple-family dwellings (5.1-12 units per acre) uses are permitted in the R-2 zone district. The zone change would eliminate the PUD requirements in favor of the Medium Density Residential (R-2) zoning requirements.
CITY OF VICTORVILLE INITIAL STUDY AND MITIGATED NEGATIVE DECLARATIONTHE COURT (99-UNIT TOWNHOME DEVELOPMENT)APN 3091-161-02 & 3091-161-04 NWC SILICA DR. & FIRST AVE.
INITIAL STUDY MITIGATED NEGATIVE DECLARATION PAGE 21
SECTION 3. ENVIRONMENTAL ANALYSIS This section of the Initial Study analyzes the potential environmental impacts that may result from the proposed projects implementation. The issue areas evaluated in this Initial Study include the following: Aesthetics (Section 3.1); Agricultural &Forestry Resources (Section 3.2); Air Quality (Section 3.3); Biological Resources (Section 3.4); Cultural Resources (Section 3.5); Energy (Section 3.6); Geology & Soils (Section 3.7); Greenhouse Gas Emissions; (Section 3.8); Hazards & Hazardous Materials (Section 3.9); Hydrology & Water Quality (Section 2.39); Land Use & Planning (Section 3.11); Mineral Resources (Section 3.12); Noise (Section 3.13); Population & Housing (Section 3.14). Public Services (Section 3.15); Recreation (Section 3.16); Transportation (Section 3.17); Tribal Cultural Resources (Section 3.18); Utilities (Section 3.19); Wildfire (Section 3.20); and, Mandatory Findings of Significance (Section 3.21).
CITY OF VICTORVILLE INITIAL STUDY AND MITIGATED NEGATIVE DECLARATIONTHE COURT (99-UNIT TOWNHOME DEVELOPMENT)APN 3091-161-02 & 3091-161-04NWC SILICA DR. & FIRST AVE.
INITIAL STUDY MITIGATED NEGATIVE DECLARATION Page 27
SOURCES: CalEEMod V.2022.1.1.28. The Air quality report is included in Appendix A. Google Earth. Site accessed June 21, 2024. Mojave Desert Air Quality Management District (MDAQMD). California Environmental Quality Act (CEQA) and Federal Conformity Guidelines. Report dated August 2016. Southern California Association of Governments. Regional Transportation Plan/Sustainable Communities Strategy 2016-2040. Demographics & Growth Forecast. April 2016. Victorville, City of. General Plan Update. https://www.victorvilleca.gov/government/city-departments/development/planning/city-of-victorville-general-plan. THRESHOLDS OF SIGNIFICANCE AND METHODOLOGY According to Appendix G of the CEQA Guidelines, a project may be deemed to have a significant adverse impact on air quality if it results in any of the following: The proposed project would conflict with or obstruct implementation of the applicable air quality plan. The proposed project would result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard. The proposed project would expose sensitive receptors to substantial pollutant concentrations. The proposed project would result in other emissions (such as those leading to odors adversely affecting a substantial number of people. The Mojave Desert Air Quality Management District (MDAQMD) has established quantitative thresholds for short-term (construction) emissions and long-term (operational) emissions for the criteria pollutants listed below. Projects in the Mojave Desert Air Basin (MDAB) generating construction and operational-related emissions that exceed any of the following emissions thresholds are considered to be significant under CEQA. Ozone (O3)is a nearly colorless gas that irritates the lungs, and damages materials and vegetation. Ozone is formed a by photochemical reaction (when nitrogen dioxide is broken down by sunlight). Carbon Monoxide (CO) is a colorless, odorless toxic gas that interferes with the transfer of oxygen to the brain and is produced by the incomplete combustion of carbon-containing fuels emitted as vehicle exhaust. The threshold is 548 pounds per day of carbon monoxide (CO). Nitrogen Oxide (NOx) is a yellowish-brown gas, which at high levels can cause breathing difficulties. NOx is formed when nitric oxide (a pollutant from burning processes) combines with oxygen. The daily threshold is 137 pounds per day of nitrogen oxide (NOx). Sulfur Dioxide (SO2) is a colorless, pungent gas formed primarily by the combustion of sulfur-containing fossil fuels. Health effects include acute respiratory symptoms. The daily threshold is 137 pounds per day of sulfur oxides (SOx). PM10 and PM2.5 refers to particulate matter less than ten microns and two and one-half microns in diameter, respectively. Particulates of this size cause a greater health risk than larger-sized particles
CITY OF VICTORVILLE INITIAL STUDY AND MITIGATED NEGATIVE DECLARATIONTHE COURT (99-UNIT TOWNHOME DEVELOPMENT)APN 3091-161-02 & 3091-161-04NWC SILICA DR. & FIRST AVE.
INITIAL STUDY MITIGATED NEGATIVE DECLARATION Page 33
Only one mammal, California ground squirrel (Otospermophilus beecheyi), was observed during the field investigation. One reptile, western fence lizard (Sceloporus occidentalis) was observed. No sensitive habitats were observed on the project site. One potential jurisdictional area was located within the project site or its immediate vicinity. Based on a search of the California Natural Diversity Database (CNDDB), thirteen special status species, ten wildlife and three plant organisms, have been documented within the Hesperia quadrangle. The following are the listed and special status species that have the ability to occur on the project site. Mohave Tui Chub: The Mohave Tui Chub is a federally and state endangered species that is fully protected. The site is located within the documented Hesperia quad habitat according to CNDDB (2021). There are only three populations of Mohave tui chub, with a fourth population having been recently introduced to the Mojave river. The site, however, does not contain or is connected to the Mojave River, and no Mohave tui chub will occur on site. Mohave Ground Squirrel: The Mohave ground squirrel is a California state threatened species that have a short, flat, furred, white, underside tail, uniformly brown (with no spots or stripes). They inhabit open desert scrub, alkali desert scrub, and annual grasslands on sandy to gravelly surfaces in the Mojave Desert. Occupiable burrows were found on the site, but no Mohave ground squirrels were detected. It is the opinion of RCA Associates, Inc. that the habitat is not prime Mohave ground squirrel habitat and is very unlikely to support populations of the species based on the following criteria, that there have been two recent sightings, within 20 years, of the species in the Hesperia quadrangle. Sensitive Plants: There are three plant species that have been documented in the Hesperia quad, the short-joint beavertail cactus, Booths evening-primrose, and white-pygmy-poppy. In recent years, only the short-joint beavertail has been seen within 20 years in the Hesperia quad, while the white pygmy-poppy and Booths evening-primrose have not been observed for over 20 years. The site currently does not support suitable habitat for the two species and none were observed on site during the August 13, 2024, field investigations. These species are not expected to occur on the site in the foreseeable future based on the length of time they have been observed in the area and lack of suitable habitat, and therefore the project is not expected to impact any sensitive species. Sensitive Wildlife: Within the Hesperia Quad, seven species are listed as Species of Special Concern. These are the yellow warbler, burrowing owl, pallid bat, long-eared owl, coast horned lizard, Le Contes thrasher, and gray vireo. The property does not contain suitable habitat for the yellow warbler, Le Contes thrasher, long-eared owls, gray vireo, or pallid bat. The area has suitable habitat for coast horned lizards and burrowing owls, but given the disturbance of the site, size of the property, traffic or the site, and lack of burrows and vegetation, these two species are not expected to inhabit the property and were not observed on the property. The site also does not contain any suitable burrows for burrowing owls, and no signs of owls (i.e. scat, feathers) were found on the property and are unlikely to inhabit the site in the future given the lack of occupiable burrows. Future development of the site will have minimal impact on the general biological resources present on site. Since the site is heavily trafficked, a sparse community is present and the remaining few plants will be removed during future construction activities. The site is expected to support very few wildlife species which would be impacted by development activities and more mobile species would be displaced and would likely experience minimal impacts. Therefore, the loss of 10-acres of a relatively disturbed desert habitat is not expected to have a significant cumulative impact on the overall biological resources in the region given the presence of similar habitat throughout the surrounding area. The following mitigation measures would CITY OF VICTORVILLE INITIAL STUDY AND MITIGATED NEGATIVE DECLARATIONTHE COURT (99-UNIT TOWNHOME DEVELOPMENT)APN 3091-161-02 & 3091-161-04NWC SILICA DR. & FIRST AVE.
INITIAL STUDY MITIGATED NEGATIVE DECLARATION Page 34
be required. BIO Mitigation #1 Pre-construction surveys for burrowing owls, desert tortoise, and nesting birds protected under the Migratory Bird Treaty Act and Section 3503 of the California Fish and Wildlife Code shall be conducted prior to the commencement of Project-related ground disturbance. Appropriate survey methods and timeframes shall be established, to ensure that chances of detecting the target species are maximized. In the event that listed species, such as the desert tortoise, are encountered, authorization from the USFWS and CDFW must be obtained. If nesting birds are detected, avoidance measures shall be implemented to ensure that nests are not disturbed until after young have fledged. Pre-construction surveys shall encompass all areas within the potential footprint of disturbance for the project, as well as a reasonable buffer around these areas. BIO Mitigation # 2 (Burrowing Owl Avoidance and Mitigation). Fourteen days prior to the onset of site disturbance/construction activities (e.g., grading, grubbing, construction), a qualified biologist shall survey the construction limits of the project site, the surveys shall include 100 percent coverage and a 500-foot buffer for the presence of burrowing owls and occupied nest burrows. The survey shall be conducted in accordance with the most current California Department of Fish and Wildlife (CDFW) survey methods (2012 CDFWs Staff Report on Burrowing Owl Mitigation). Burrowing owls may re-colonize a site after only a few days. Time lapses between Project activities trigger subsequent take avoidance surveys. Another survey shall be conducted no less than 24 hours prior to the start of construction. If burrowing owls or suitable burrowing owl burrows with sign (e.g., whitewash, pellets, feathers, prey remains) are not observed during the clearance survey, no additional conditions are required to avoid impacts on burrowing owl. If burrowing owl or signs thereof, is documented on the site, either during pre-construction clearance surveys or during construction, project activities shall be halted immediately. The Project Proponent shall consult with CDFW on the next steps, which might include obtaining an Incidental Take Permit (ITP) under California Endangered Species Act (CESA) Section 2081 if take of burrowing owl cannot be avoided. BIO Mitigation # 3 (Nesting Bird Avoidance and Mitigation). To ensure compliance with California Fish and Game Code Sections 3503, 3503.5, and 3513 and to avoid potential impacts to nesting birds, vegetation clearing and ground-disturbing activities shall be conducted outside of the bird nesting season (generally February through August). Regardless of the time of year, a pre-construction survey shall be performed to verify absence of nesting birds. A qualified biologist shall conduct the pre-activity survey within the Project areas (including access routes) and a 500-foot buffer surrounding the Project areas, no more than three (3) days prior to the initiation of Project activities, including, but not limited to clearing, grubbing, and/or rough grading to prevent impacts to birds and their nests. Pre-construction surveys shall focus on both direct and indirect evidence of nesting, including nest locations and nesting behavior. The qualified biologist shall make every effort to avoid potential nest predation as a result of survey and monitoring efforts. If active nests or nesting bird activity are identified within the work area or the Projects zone of influence (generally 100- 300 feet), a no disturbance buffer zone shall be established by the qualified biologist to be marked on the ground around each nest. The buffer shall be a minimum of 500 feet for raptors and 300 feet for songbirds, unless a smaller buffer is specifically determined by a qualified biologist familiar with the nesting phenology of the nesting species. The buffer areas shall be avoided until the nests are no longer occupied and the juvenile birds can survive independently from the nests. Active nest(s) and an established buffer distance(s) shall be monitored daily by the qualified biologist until the qualified biologist has determined the young have fledged or the Project has been completed. The qualified biologist has the authority to stop work if nesting pairs exhibit signs of disturbance. If there is no nesting activity, then no further action is needed
CITY OF VICTORVILLE INITIAL STUDY AND MITIGATED NEGATIVE DECLARATIONTHE COURT (99-UNIT TOWNHOME DEVELOPMENT)APN 3091-161-02 & 3091-161-04NWC SILICA DR. & FIRST AVE.
INITIAL STUDY MITIGATED NEGATIVE DECLARATION Page 37
BIO Mitigation 1. Pre-construction surveys for burrowing owls, desert tortoise, and nesting birds protected under the Migratory Bird Treaty Act and Section 3503 of the California Fish and Wildlife Code shall be conducted prior to the commencement of Project-related ground disturbance. Appropriate survey methods and timeframes shall be established, to ensure that chances of detecting the target species are maximized. In the event that listed species, such as the desert tortoise, are encountered, authorization from the USFWS and CDFW must be obtained. If nesting birds are detected, avoidance measures shall be implemented to ensure that nests are not disturbed until after young have fledged. Pre-construction surveys shall encompass all areas within the potential footprint of disturbance for the project, as well as a reasonable buffer around these areas. BIO Mitigation 2. (Burrowing Owl Avoidance and Mitigation). Fourteen days prior to the onset of site disturbance/construction activities (e.g., grading, grubbing, construction), a qualified biologist shall survey the construction limits of the project site, the surveys shall include 100 percent coverage and a 500-foot buffer for the presence of burrowing owls and occupied nest burrows. The survey shall be conducted in accordance with the most current California Department of Fish and Wildlife (CDFW) survey methods (2012 CDFWs Staff Report on Burrowing Owl Mitigation). Burrowing owls may re-colonize a site after only a few days. Time lapses between Project activities trigger subsequent take avoidance surveys. Another survey shall be conducted no less than 24 hours prior to the start of construction. If burrowing owls or suitable burrowing owl burrows with sign (e.g., whitewash, pellets, feathers, prey remains) are not observed during the clearance survey, no additional conditions are required to avoid impacts on burrowing owl. If burrowing owl or signs thereof, is documented on the site, either during pre-construction clearance surveys or during construction, project activities shall be halted immediately. The Project Proponent shall consult with CDFW on the next steps, which might include obtaining an Incidental Take Permit (ITP) under California Endangered Species Act (CESA) Section 2081 if take of burrowing owl cannot be avoided BIO Mitigation 3. (Nesting Bird Avoidance and Mitigation). To ensure compliance with California Fish and Game Code Sections 3503, 3503.5, and 3513 and to avoid potential impacts to nesting birds, vegetation clearing and ground-disturbing activities shall be conducted outside of the bird nesting season (generally February through August). Regardless of the time of year, a pre-construction survey shall be performed to verify absence of nesting birds. A qualified biologist shall conduct the pre-activity survey within the Project areas (including access routes) and a 500-foot buffer surrounding the Project areas, no more than three (3) days prior to the initiation of Project activities, including, but not limited to clearing, grubbing, and/or rough grading to prevent impacts to birds and their nests. Pre-construction surveys shall focus on both direct and indirect evidence of nesting, including nest locations and nesting behavior. The qualified biologist shall make every effort to avoid potential nest predation as a result of survey and monitoring efforts. If active nests or nesting bird activity are identified within the work area or the Projects zone of influence (generally 100- 300 feet), a no disturbance buffer zone shall be established by the qualified biologist to be marked on the ground around each nest. The buffer shall be a minimum of 500 feet for raptors and 300 feet for songbirds, unless a smaller buffer is specifically determined by a qualified biologist familiar with the nesting phenology of the nesting species. The buffer areas shall be avoided until the nests are no longer occupied and the juvenile birds can survive independently from the nests. Active nest(s) and an established buffer distance(s) shall be monitored daily by the qualified biologist until the qualified biologist has determined the young have fledged or the Project has been completed. The qualified biologist has the authority to stop work if nesting pairs exhibit signs of disturbance. If there is no nesting activity, then no further action is needed for this measure. If an active nest is encountered during the Project construction, construction shall stop immediately until a qualified biologist can determine (1) the status of the nest, and (2) when work
CITY OF VICTORVILLE INITIAL STUDY AND MITIGATED NEGATIVE DECLARATIONTHE COURT (99-UNIT TOWNHOME DEVELOPMENT)APN 3091-161-02 & 3091-161-04NWC SILICA DR. & FIRST AVE.
INITIAL STUDY MITIGATED NEGATIVE DECLARATION Page 40
propertys significance may be determined if the property is associated with events, activities, or developments that were important in the past, with the lives of people who were important in the past, or represents significant architectural, landscape, or engineering elements. Specific criteria include the following: Districts, sites, buildings, structures, and objects that are associated with the lives of significant persons in or past; Districts, sites, buildings, structures, and objects that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or, Districts, sites, buildings, structures, and objects that have yielded or may be likely to yield, information important in history or prehistory. Ordinarily, properties that have achieved significance within the past 50 years are not considered eligible for the National Register. However, such properties will qualify if they are integral parts of districts that do meet the criteria or if they fall within the following categories: A religious property deriving primary significance from architectural or artistic distinction or historical importance; Districts, sites, buildings, structures, and objects that are associated with events that have made a significant contribution to the broad patterns of our history; A building or structure removed from its original location that is significant for architectural value, or which is the surviving structure is associated with a historic person or event; A birthplace or grave of a historical figure of outstanding importance if there is no appropriate site or building associated with his or her productive life; A cemetery that derives its primary importance from graves of persons of transcendent importance, from age, from distinctive design features, or from association with historic events; A reconstructed building when accurately executed in a suitable environment and presented in a dignified manner as part of a restoration master plan, and when no other building or structure with the same association has survived; A property primarily commemorative in intent if design, age, tradition, or symbolic value has invested it with its own exceptional significance; or, A property achieving significance within the past 50 years if it is of exceptional importance. BCR Consulting LLC (BCR Consulting) completed the Cultural Resources Assessment found in Appendix D. BCR completed an archaeological records search using SCCIC records at California State University, Fullerton for the current project. This archival research reviewed the status of all recorded historic and prehistoric cultural resources, and survey and excavation reports completed within the project site boundaries and within a one-mile radius of it. Additional resources reviewed included the National Register of Historic Places (National Register), the California Register, the Built Environmental Resource Directory (BERD), and documents and inventories published by the California Office of Historic Preservation. These include the lists of California Historical Landmarks, California Points of Historical Interest, Listing of National Register Properties, and the Inventory of Historic Structures. An intensive-level cultural resources field survey of the project site was conducted on August 5, 2024. The survey was conducted by walking parallel transects spaced approximately 15 meters apart across the project site. Digital photographs were taken at various points within the project site. Data from the South Central Coastal Information Center
CITY OF VICTORVILLE INITIAL STUDY AND MITIGATED NEGATIVE DECLARATIONTHE COURT (99-UNIT TOWNHOME DEVELOPMENT)APN 3091-161-02 & 3091-161-04NWC SILICA DR. & FIRST AVE.
INITIAL STUDY MITIGATED NEGATIVE DECLARATION Page 50
SOURCES: San Bernardino County Transportatio0n Authority (SBCTA) Greenhouse Gas Reduction Plan Victorville, City of. General Plan Update. https://www.victorvilleca.gov/government/city-departments/development/planning/city-of-victorville-general-plan. THRESHOLDS OF SIGNIFICANCE AND METHODOLOGYAccording to Appendix G of the CEQA Guidelines, a project may be deemed to have a significant adverse impact on greenhouse gas emissions if it results in any of the following: The proposed project would generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment. The proposed project would conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases. Examples of GHG that are produced both by natural and industrial processes include carbon dioxide (CO2), methane (CH4), and nitrous oxide (N2O). The accumulation of GHG in the atmosphere regulates the earth's temperature. Without these natural GHG, the Earth's surface would be about 61°F cooler. However, emissions from fossil fuel combustion have elevated the concentrations of GHG in the atmosphere to above natural levels. These man-made GHG will have the effect of warming atmospheric temperatures with the attendant impacts of changes in the global climate, increased sea levels, and changes to the worldwide biome. The major GHG that influence global warming are described below. Water Vapor. Water vapor is the most abundant GHG present in the atmosphere. While water vapor is not considered a pollutant, while it remains in the atmosphere it maintains a climate necessary for life. Because the air is warmer, the relative humidity can be higher (in essence, the air is able to hold more water when it is warmer), leading to more water vapor in the atmosphere. Carbon Dioxide (CO2). The natural production and absorption of CO2 is achieved through the terrestrial biosphere and the ocean. Manmade sources of CO2 include the burning coal, oil, natural gas, and wood. Since the industrial revolution began in the mid1700s, these activities have increased the atmospheric concentrations of CO2. Prior to the industrial revolution, concentrations were fairly stable at 280 parts per million (ppm). Methane (CH4). CH4 is an extremely effective absorber of radiation, although its atmospheric concentration is less than that of CO2. Methanes lifetime in the atmosphere is brief (10 to 12 years), compared to some other GHGs (such as CO2, N2O, and Chlorofluorocarbons (CFCs). CH4 has both natural and anthropogenic sources. Nitrous Oxide (N2O). Concentrations of N2O also began to increase at the beginning of the industrial revolution. In 1998, the global concentration of this GHG was documented at 314 parts per billion (ppb). N2O is produced by microbial processes in soil and water, including those reactions which occur in fertilizer containing nitrogen. Chlorofluorocarbons (CFC). CFCs are gases formed synthetically by replacing all hydrogen atoms in methane or ethane (C2H6) with chlorine and/or fluorine atoms. CFCs are nontoxic, nonflammable, insoluble, and chemically unreactive in the troposphere (the level of air at the Earths surface). CFCs have no natural source but were first synthesized in 1928. It was used for refrigerants, aerosol propellants, and cleaning solvents.
CITY OF VICTORVILLE INITIAL STUDY AND MITIGATED NEGATIVE DECLARATIONTHE COURT (99-UNIT TOWNHOME DEVELOPMENT)APN 3091-161-02 & 3091-161-04NWC SILICA DR. & FIRST AVE.
INITIAL STUDY MITIGATED NEGATIVE DECLARATION Page 54
SOURCES: CalEPA. DTSCs Hazardous Waste and Substances Site List - Site Cleanup (Cortese List). http://www.dtsc.ca.gov/SiteCleanup/Cortese List.cfm. CalFire. Very High Fire Hazard Severity Zone Map for SW San Bernardino County. http://frap.fire.ca.gov/webdata/maps/san bernardino sw/ Google Earth. Site accessed June 21, 2024. San Bernardino County. Multi-Jurisdictional Hazard Mitigation Plan - July 13, 2017. Victorville, City of. General Plan Update. https://www.victorvilleca.gov/government/city-departments/development/planning/city-of-victorville-general-plan. Victorville, City of. Municipal Code. Municode. Victorville, CA. Chapter 10.30.200- Construction Projects. Website Accessed June 21, 2024. THRESHOLDS OF SIGNIFICANCE AND METHODOLOGYAccording to Appendix G of the CEQA Guidelines, a project may be deemed to have a significant adverse impact on hazards and hazardous materials if it results in any of the following: The proposed project would create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials. The proposed project would create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. The proposed project would emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school. The proposed project would be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment. The proposed project would result in a safety hazard or excessive noise for people residing or working in the project area located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport. The proposed project would impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. The proposed project would expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires. Hazardous materials refer generally to hazardous substances that exhibit corrosive, poisonous, flammable, and/or reactive properties and have the potential to harm human health and/or the environment. Hazardous materials are used in a wide variety of products (household cleaners, industrial solvents, paint, pesticides, etc.) and in the manufacturing of products (e.g., electronics, newspapers, plastic products). Hazardous materials can include petroleum, natural gas, synthetic gas, acutely toxic chemicals, and other toxic chemicals that are used in agriculture, commercial, and industrial uses; businesses; hospitals; and households. Accidental releases of hazardous materials can occur from a variety of causes, including highway incidents, warehouse fires, train derailments, shipping accidents, and industrial incidents.
CITY OF VICTORVILLE INITIAL STUDY AND MITIGATED NEGATIVE DECLARATIONTHE COURT (99-UNIT TOWNHOME DEVELOPMENT)APN 3091-161-02 & 3091-161-04NWC SILICA DR. & FIRST AVE.
INITIAL STUDY MITIGATED NEGATIVE DECLARATION Page 77
Section 21084.1, a unique archaeological resource as defined in subdivision (g) of Section 21083.2, or a non-unique archaeological resource as defined in subdivision (h) of Section 21083.2 may also be a tribal cultural resource if it conforms to the criteria of subdivision (a). As a result, there will be a less than significant impact with mitigation. MITIGATION MEASURESThe following mitigation measures are required as a means to reduce potential tribal cultural resources impacts to levels that are less than significant: TCR Mitigation 1. TCR-1 (Treatment of Cultural Resources) If a pre-contact cultural resource is discovered during project implementation, ground-disturbing activities shall be suspended 60 feet around the resource(s), and an Environmentally Sensitive Area (ESA) physical demarcation/barrier constructed. 1The Project Archaeologist shall develop a research design that shall include a plan to evaluate the resource for significance under CEQA criteria. Representatives from YSMN, the Archaeologist, and the Lead Agency shall confer regarding the research design, as well as any testing stakes needed to delineate the resource boundary. Following the completion of evaluation reAorts, all parties shall confer regarding the resource's archaeological significance, its potential as a Tribal Cultural Resource (TCR), and avoidance (or other appropriate treatment) of the discovered resource. Removal of any cultural resource(s) shall be conducted with the presence of a Tribal monitor representing the Tribe, unless otherwise decided by YSMN. All plans for analysis shall be reviewed and approved by the applicant and YSMN prior to implementation, and all removed material shall be temporarily curated on-site. It is the preference of YSMN that removed cultural material be reburied as close to the original find location as possible. However, should reburial within/near the original find location during project implementation not be feasible, then a reburial location for future reburial shall be decided upon by YSMN, the landowner, and the Lead Agency, and all finds shall be reburied within this location. Additionally, in this case, reburial shall not occur until all ground-disturbing activities associated with the project have been completed, all monitoring has ceased, all cataloguing and basic recordation of cultural resources have been completed, and a final monitoring report has been issued to Lead Agency, CHRIS, and YSMN. All reburials are subject to a reburial agreement that shall be developed between the landowner and YSMN outlining the determined reburial process/location and shall include measures and provisions to protect the reburial area from any future impacts. Should it occur that avoidance, preservation in place, and on-site reburial are not an option for treatment, the landowner shall relinquish all ownership and rights to this material and confer with YSMN to identify an American Association of Museums (AAM)-accredited facility within the County that can accession the materials into their permanent collections and provide for the proper care of these objects in accordance with the 1993 CA Curation Guidelines. A curation agreement with an appropriate qualified repository shall be developed between the landowner and museum that legally and physically transfers the collections and associated records to the facility. This agreement shall stipulate the payment of fees necessary for permanent curation of the collections and associated records and the obligation of the Project developer/applicant to pay for those fees. All draft records/reports containing the significance and treatment findings and data recovery results shall be prepared by the archaeologist and submitted to the Lead Agency and YSMN for their review and comment. After approval from all parties, the final reports and site/isolate records are to be submitted to the local CHRIS Information Center, the Lead Agency, and YSMN. TCR Mitigation 2 (Inadvertent Discoveries of Human Remains) If human remains or funerary objects are encountered during any activities associated with the project, work in the immediate vicinity
CITY OF VICTORVILLE INITIAL STUDY AND MITIGATED NEGATIVE DECLARATIONTHE COURT (99-UNIT TOWNHOME DEVELOPMENT)APN 3091-161-02 & 3091-161-04NWC SILICA DR. & FIRST AVE.
INITIAL STUDY MITIGATED NEGATIVE DECLARATION Page 83
A. The proposed project will not have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. As indicated in Section 3.1 through 3.20, the proposed project will not result in any significant unmitigable environmental impacts. B. The proposed project will not have impacts that are individually limited, but cumulatively considerable. The environmental impacts will not lead to a cumulatively significant impact on any of the issues analyzed herein. C. The proposed project will not have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly. As indicated in Section 3.1 through 3.20, the proposed project will not result in any significant unmitigable environmental impacts.
CITY OF VICTORVILLE INITIAL STUDY AND MITIGATED NEGATIVE DECLARATIONTHE COURT (99-UNIT TOWNHOME DEVELOPMENT)APN 3091-161-02 & 3091-161-04NWC SILICA DR. & FIRST AVE.
INITIAL STUDY MITIGATED NEGATIVE DECLARATION Page 84
THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK.
CITY OF VICTORVILLE INITIAL STUDY AND MITIGATED NEGATIVE DECLARATIONTHE COURT (99-UNIT TOWNHOME DEVELOPMENT)APN 3091-161-02 & 3091-161-04NWC SILICA DR. & FIRST AVE.
INITIAL STUDY MITIGATED NEGATIVE DECLARATION Page 85
SECTION 4. CONCLUSIONS 4.1 FINDINGS The Initial Study determined that the proposed project is not expected to have significant adverse environmental impacts. The following findings can be made regarding the Mandatory Findings of Significance set forth in Section 15065 of the CEQA Guidelines based on the results of this Initial Study: The proposed project will not have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of an endangered, rare or threatened species or eliminate important examples of the major periods of California history or prehistory. The proposed project will not have impacts that are individually limited, but cumulatively considerable. The proposed project will not have environmental effects which will cause substantially adverse effects on human beings, either directly or indirectly. 4.2 MITIGATION MONITORING In addition, pursuant to Section 21081(a) of the Public Resources Code, findings must be adopted by the decision-maker coincidental to the approval of a Negative Declaration. These findings shall be incorporated as part of the decision-makers findings of fact, in response to AB-3180 and in compliance with the requirements of the Public Resources Code. In accordance with the requirements of Section 21081(a) and 21081.6 of the Public Resources Code, the City of Victorville can make the following finding that a mitigation monitoring and reporting program will be required.
CITY OF VICTORVILLE INITIAL STUDY AND MITIGATED NEGATIVE DECLARATIONTHE COURT (99-UNIT TOWNHOME DEVELOPMENT)APN 3091-161-02 & 3091-161-04NWC SILICA DR. & FIRST AVE.
INITIAL STUDY MITIGATED NEGATIVE DECLARATION Page 86
THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK.
CITY OF VICTORVILLE INITIAL STUDY AND MITIGATED NEGATIVE DECLARATIONTHE COURT (99-UNIT TOWNHOME DEVELOPMENT)APN 3091-161-02 & 3091-161-04NWC SILICA DR. & FIRST AVE.
INITIAL STUDY MITIGATED NEGATIVE DECLARATION Page 87
SECTION 5. REFERENCES 5.1 PREPARERS Blodgett Baylosis Environmental Planning 2211 S Hacienda Boulevard, Suite 107 Hacienda Heights, CA 91745 (626) 336-0033 Marc Blodgett, Project Principal Brian Wong, Project Planner 5.2 REFERENCESThe references that were consulted have been identified using footnotes and under sources.
CITY OF VICTORVILLE INITIAL STUDY AND MITIGATED NEGATIVE DECLARATIONTHE COURT (99-UNIT TOWNHOME DEVELOPMENT)APN 3091-161-02 & 3091-161-04NWC SILICA DR. & FIRST AVE.
INITIAL STUDY MITIGATED NEGATIVE DECLARATION Page 88
THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK.
THE COURT APN 309-116-102 & -104 CITY OF VICTORVILLE, SAN BERNARDINO COUNTY, CALIFORNIADELINEATION OF STATE AND FEDERAL JURISDICTIONAL WATERS Prepared For: Bear Stone Reality, LLC 133 Palencia Irvine, California 92618 Contact: Clark Yeung Prepared By: ELMT Consulting, Inc. 2201 N. Grand Avenue #10098 Santa Ana, California 92711 Contact: Travis J. McGill 714.714.5050 October 2025 THE COURTAPN 309-116-102 & -104CITY OF VICTORVILLE, SAN BERNARDINO COUNTY, CALIFORNIADELINEATION OF STATE AND FEDERAL JURISDICTIONAL WATERSThe undersigned certify that the statements furnished in this report and exhibits present data and information required for this biological evaluation, and the facts, statements, and information presented is a complete and accurate account of the findings and conclusions to the best of our knowledge and beliefs.Travis J. McGillBiologist/Director Thomas J. McGill, Ph.D.Managing DirectorOctober 2025
Executive Summary
The CourtDelineation of State and Federal Jurisdictional Waters ES-2 Agreement (SAA). However, since the feature was created, and does not support any riparian habitat, the regulatory agencies might not require mitigation for impacts. Permits will need to be submitted and reviewed by the agencies to determine if mitigation will be required. Refer to Sections 1-7 for a detailed analysis of site conditions and regulatory requirements.
The CourtDelineation of State and Federal Jurisdictional Waters Report i Table of Contents Section 1 Introduction......................................................................................................................... 11.1 Project Location ............................................................................................................................ 11.2 Project Description ........................................................................................................................ 1Section 2 Regulations .......................................................................................................................... 62.1 U.S. Army Corps of Engineers ..................................................................................................... 62.2 Regional Water Quality Control Board ........................................................................................ 82.3 California Department of Fish and Wildlife ................................................................................. 8Section 3 Methodology ...................................................................................................................... 103.1 Waters of the UnIted States ........................................................................................................ 103.2 Waters of the State ...................................................................................................................... 103.2.1 Regional Water Quality Control Board ...................................................................................... 103.2.2 California Department of Fish and Wildlife ............................................................................... 11Section 4 Literature Review ............................................................................................................. 124.1 Watershed Review ...................................................................................................................... 124.2 Local Climate .............................................................................................................................. 124.3 USGS Topographic Quadrangle ................................................................................................. 124.4 Aerial Photographs ...................................................................................................................... 13 4.5 Soils............................................................................................................................................. 134.6 Hydric Soils List of California .................................................................................................... 144.7 National Wetlands Inventory ...................................................................................................... 144.8 Flood Zone .................................................................................................................................. 14Section 5 Site Conditions .................................................................................................................. 165.1 On-Site Features.......................................................................................................................... 165.1.1 Drainage Features ....................................................................................................................... 165.1.2 Wetland Features ........................................................................................................................ 16Section 6 Findings .............................................................................................................................. 196.1 U.S. Army Corps of Engineers Determination ........................................................................... 196.1.1 Waters of the United States Determination ................................................................................. 196.1.2 Federal Wetland Determination .................................................................................................. 196.2 Regional Water Quality Control Board ...................................................................................... 196.2.1 Waters of the State Determination .............................................................................................. 196.2.2 State Wetland Determination ...................................................................................................... 196.3 California Department of Fish and Wildlife ............................................................................... 20Section 7 Regulatory Approval Process .......................................................................................... 217.1 United States Army Corps of Engineers ..................................................................................... 21 Table of Contents
The CourtDelineation of State and Federal Jurisdictional Waters Report ii
7.2 Regional Water Quality Control Board ...................................................................................... 217.3 California Department of Fish and Wildlife ............................................................................... 21Section 8 References .......................................................................................................................... 23EXHIBITS Exhibit 1: Regional Vicinity .................................................................................................................. 3Exhibit 2: Site Vicinity .......................................................................................................................... 4Exhibit 3: Project Site ............................................................................................................................ 5Exhibit 4: Soils ..................................................................................................................................... 15Exhibit 5: Jurisdictional Areas ............................................................................................................. 18APPENDIX Appendix A Site PhotographsAppendix B Site Plan Appendix C Documentation Appendix D Methodology The CourtDelineation of State and Federal Jurisdictional Waters Report 1 Section 1 Introduction This jurisdictional delineation has been prepared for ‘The Court’ (Project site or site) in order to document the potential jurisdictional authority of the U.S. Army Corps of Engineers (Corps), the Regional Water Quality Control Board (Regional Board), and the California Department of Fish and Wildlife (CDFW) pursuant to Section 401 and 404 of the Federal Clean Water Act (CWA), the California Porter-Cologne Water Quality Control Act and Sections 1600 et seq. of the California Fish and Game Code. The analysis presented in this report is supported by a field survey and verification of site conditions conducted on October 15, 2025. This jurisdictional delineation explains the methodology undertaken by ELMT Consulting (ELMT) to define the regulatory authority of CDFW and documents the findings made by ELMT. This report documents the jurisdictional boundaries using the most up-to-date regulations, written policy, and guidance from the regulatory agencies. 1.1 PROJECT LOCATION The project site is generally located north of the San Bernardino Mountains, east and south of State Route 15, and west of State Route 15 in the City of Victorville, San Bernardino County, California (refer to Exhibit 1, Regional Vicinity). The site is depicted on the Hesperia quadrangle of the United States Geological Survey’s (USGS) 7.5-minute map series within Sections 33 and 34 of Township 5 North, Range 4 West (Exhibit 2, Site Vicinity). Specifically, the project site is located at the northwest corner of the intersection of 1st Avenue and Silica Drive within Assessor Parcel Numbers 309-116-102, and -104 (Exhibit 3, Project Site). 1.2 PROJECT DESCRIPTION The proposed project would involve the development of the 8.52-acre site with a new multiple-family residential development that would consist of 99-units. Of the total number of units, 51 units would be three-bedroom units and 38 units would be four-bedroom units. The key physical elements of the proposed project are outlined below. Site Plan. The proposed project involves the development of an 8.52-acre, 371,131 square foot site with a new multiple-family residential development. The proposed 99 unit apartment complex would include 20, 3 story buildings consisting of the following: 5 six-plex buildings with 6 units each, 13 five-plex buildings with 5 units each, 1 four-plex building with 4 units each, and 1 recreational building. The project’s residential floor area would total approximately 187,077 square feet. The east and south portions of the site would be dedicated to street improvements. 34 feet from the southern property line would be dedicated to Silica Drive and 62 to 75 feet would be dedicated to First Avenue. Type A Unit Group. There are 13 Type A buildings in total, 8 buildings would have 5 units and 4 buildings would have 6 units. The buildings with 5 units would consist of 4, 3 bedroom units with each unit having a total square footage of 1,810 and 1, 4 bedroom unit with 1,951 total square feet.
Introduction
The CourtDelineation of State and Federal Jurisdictional Waters Report 2 Each unit would have a 76 square foot private garden and a 103 square foot balcony for 179 square feet of private open space as well as a 440 square foot, 2 car garage. Type B Unit Group. There are 6 Type B buildings in total, 4 buildings would have 5 units, 1 building would have 4 units, and 1 building would have 6 units. All Type B buildings have up to 3, 4 bedroom units with 1,979 square feet per unit and either 3 or 4, 3 bedroom units with 1,845 square feet per unit. The 3 bedroom units would have a 100 square foot private garden and a 75 square foot balcony for 175 square feet of private open space and a 460 square foot, 2 car garage. The 4 bedroom units would have a 100 square foot private garden and a 75 square foot balcony for 175 square feet of private open space as well as a 460 square foot, 2 car garage. Additionally, there are 3, 4 bedroom units that are 2,500 square feet per unit with a 200 square foot private garden and a 135 square foot balcony for 354 square feet of private open space as well as a 747 square foot garage, 3 car garage. Landscaping. Landscaping would total 112,714 square feet. The landscaping would be installed along the site’s perimeter, and within the site’s interior. A 10,000 square foot retention basin would be provided along the site’s north side within the dog park. Access, Circulation, and Parking. A total of 254 parking spaces would be provided, of which 53 are guest parking stalls, 6 ADA stalls, and 201 are in 2 to 3 car garages. There would also be 38 bicycle parking stalls. Vehicular access to the project site would be provided by a new gated driveway connection on the north side of Silica Drive and a secondary connection gated on the west side of First Avenue. Internal drive aisles, with a width of 30-feet surround the central area and pedestrian walkways with a width of 5 feet, would provide a connection throughout the site. Amenities. Amenities for the proposed project would be located in the center of the site, surrounding the clubhouse (10,040 square feet) and on the north and west borders of the project. The center amenities would include the clubhouse, desert landscape garden, barbeque, pool (1,150 square feet), pool deck, water jet park, children’s playground, full basketball court (4,700 square feet), and 2 pickleball courts (3,200 square feet). There would also be a dog park located on the northern border and a dog walkway that extends from the dog parks to the southwest of the project site.
The CourtDelineation of State and Federal Jurisdictional Waters Report 6 Section 2 Regulations There are three key agencies that regulate activities within inland streams, wetlands, and riparian areas in California. The Corps Regulatory Division regulates activities pursuant to Section 404 of the CWA, Section 10 of the Rivers and Harbors Act, and Section 103 of the Marine Protection, Research, and Sanctuaries Act. The Regional Board regulates activities pursuant to Section 401 of the CWA and the California Porter-Cologne Water Quality Control Act and the CDFW regulates activities under Sections 1600 et seq. of the California Fish and Game Code. 2.1 U.S. ARMY CORPS OF ENGINEERSIn accordance with the Revised Definition of “Waters of the United States”; Conforming (September 8, 2023), “waters of the United Sates” are defined as follows: (a) Waters of the United States means: (1)Waters which are: (i)Currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide; (ii)The territorial seas; or (iii) Interstate waters; (2)Impoundments of waters otherwise defined as waters of the United States under this definition, other than impoundments of waters identified under paragraph (a)(5) of this section; (3) Tributaries of waters identified in paragraph (a)(1) or (2) of this section that are relatively permanent, standing or continuously flowing bodies of water; (4)Wetlands adjacent to the following waters: (i)Waters identified in paragraph (a)(1) of this section; or (ii)Relatively permanent, standing or continuously flowing bodies of water identified in paragraph (a)(2) or (a)(3) of this section and with a continuous surface connection to those waters; (5) Intrastate lakes and ponds not identified in paragraphs (a)(1) through (4) of this section that are relatively permanent, standing or continuously flowing bodies of water with a continuous surface connection to the waters identified in paragraph (a)(1) or (a)(3) of this section (b)The following are not “waters of the United States” even where they otherwise meet the terms of paragraphs (a)(2) through (5) of this section: (1)Waste treatment systems, including treatment ponds or lagoons, designed to meet the requirements of the Clean Water Act; (2)Prior converted cropland designated by the Secretary of Agriculture. The exclusion would cease upon a change of use, which means that the area is no longer available for the production of agricultural Regulations
The CourtDelineation of State and Federal Jurisdictional Waters Report 7 commodities. Notwithstanding the determination of an area's status as prior converted cropland by any other Federal agency, for the purposes of the Clean Water Act, the final authority regarding Clean Water Act jurisdiction remains with EPA; (3)Ditches (including roadside ditches) excavated wholly in and draining only dry land and that do not carry a relatively permanent flow of water; (4)Artificially irrigated areas that would revert to dry land if the irrigation ceased; (5)Artificial lakes or ponds created by excavating or diking dry land to collect and retain water and which are used exclusively for such purposes as stock watering, irrigation, settling basins, or rice growing; (6)Artificial reflecting or swimming pools or other small ornamental bodies of water created by excavating or diking dry land to retain water for primarily aesthetic reasons; (7)Waterfilled depressions created in dry land incidental to construction activity and pits excavated in dry land for the purpose of obtaining fill, sand, or gravel unless and until the construction or excavation operation is abandoned and the resulting body of water meets the definition of waters of the United States; and (8)Swales and erosional features (e.g., gullies, small washes) characterized by low volume, infrequent, or short duration flow. (c) In this section, the following definitions apply: (1)Wetlands means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. (2)Adjacent means having a continuous surface connection (3)High tide line means the line of intersection of the land with the water's surface at the maximum height reached by a rising tide. The high tide line may be determined, in the absence of actual data, by a line of oil or scum along shore objects, a more or less continuous deposit of fine shell or debris on the foreshore or berm, other physical markings or characteristics, vegetation lines, tidal gages, or other suitable means that delineate the general height reached by a rising tide. The line encompasses spring high tides and other high tides that occur with periodic frequency but does not include storm surges in which there is a departure from the normal or predicted reach of the tide due to the piling up of water against a coast by strong winds such as those accompanying a hurricane or other intense storm. (4)Ordinary high water mark means that line on the shore established by the fluctuations of water and indicated by physical characteristics such as clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas. (5)Tidal waters means those waters that rise and fall in a predictable and measurable rhythm or cycle due to the gravitational pulls of the moon and sun. Tidal waters end where the rise and fall of the water Regulations
The CourtDelineation of State and Federal Jurisdictional Waters Report 8 surface can no longer be practically measured in a predictable rhythm due to masking by hydrologic, wind, or other effects. 2.2 REGIONAL WATER QUALITY CONTROL BOARDPursuant to Section 401 of the CWA, any applicant for a federal license or permit to conduct any activity which may result in any discharge to waters of the United States must provide certification from the State or Indian tribe in which the discharge originates. This certification provides for the protection of the physical, chemical, and biological integrity of waters, addresses impacts to water quality that may result from issuance of federal permits and helps ensure that federal actions will not violate water quality standards of the State or Indian tribe. In California, there are nine Regional Boards that issue or deny certification for discharges to waters of the United States and waters of the State, including wetlands, within their geographical jurisdiction. The State Water Resources Control Board (SWRCB) assumes this responsibility when a project has the potential to result in the discharge to waters within multiple Regional Boards. Additionally, the California Porter-Cologne Water Quality Control Act gives the State very broad authority to regulate waters of the State, which are defined as any surface water or groundwater, including saline waters. The Porter-Cologne Water Quality Control Act has become an important tool post Solid Waste Agency of Northern Cook County vs. United States Corps of Engineers2(SWANCC) and Rapanos v. United States3 (Rapanos) court cases with respect to the State’s regulatory authority over isolated and insignificant waters. Generally, any applicant proposing to discharge waste into a water body must file a Report of Waste Discharge in the event that there is no Section 404/401 nexus. Although “waste” is partially defined as any waste substance associated with human habitation, the Regional Board also interprets this to include discharge of dredged and fill material into water bodies. Under the State Water Resources Control Board Sate Wetland Definition, an area is a wetland if, under normal circumstances, (1) the area has continuous or recurrent saturation of the upper substrate caused by groundwater, or shallow surface water, or both; (2) the duration of such saturation is sufficient to cause anaerobic conditions in the upper substrate; and (3) the area’s vegetation is dominated by hydrophytes or the area lacks vegetation.2.3 CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE Sections 1600 et seq. of the California Fish and Game Code establishes a fee-based process to ensure that projects conducted in and around lakes, rivers, or streams do not substantially adversely impact fish and wildlife resources, or, when adverse impacts cannot be avoided, ensures that adequate mitigation and/or compensation is provided. Pursuant to Section 1602 of the California Fish and Game Code, a notification must be submitted to the CDFW for any activity that will divert or obstruct the natural flow or alter the bed, channel, or bank (which may include associated biological resources) of a river or stream or use material from a streambed. One CDFW guidance document, although not a formally adopted rule or policy, requires notification for activities taking place within rivers or streams that flow perennially or episodically and that 2 Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers, 531 U.S. 159 (2001) 3 Rapanos v. United States, 547 U.S. 715 (2006) Regulations
The CourtDelineation of State and Federal Jurisdictional Waters Report 9 are defined by the area in which surface water currently flows, or has flowed, over a given course during the historic hydrologic regime, and where the width of its course can reasonably be identified by physical and biological indicators. If the project will not “substantially adversely affect an existing fish or wildlife resource,” following notification to CDFW, the project may commence without an agreement with CDFW. (Fish & G. Code, § 1602(a)(4)(A)(i).) The CourtDelineation of State and Federal Jurisdictional Waters Report 10 Section 3 Methodology The analysis presented in this report is supported by a field survey and verification of site conditions conducted on October 15, 2025. ELMT conducted a field delineation to determine the jurisdictional limits of the “waters of the United States”, “waters of the State” and jurisdictional streambed (including potential wetlands), located within the boundaries of the Project site. While in the field, jurisdictional features were recorded on an aerial base map at a scale of 1" = 50' using topographic contours and visible landmarks as guidelines. Data points were obtained with a Garmin Map62 Global Positioning System to record and identify specific widths for ordinary high-water mark (OHWM) indicators and the locations of photographs, soil pits, and other pertinent jurisdictional features, if present. This data was then transferred as a .shp file and added to the Project's jurisdictional exhibits. The jurisdictional exhibits were prepared using ESRI ArcInfo Version 10 software. 3.1 WATERS OF THE UNITED STATESIn the absence of adjacent wetlands, the limits of the Corps jurisdiction in non-tidal waters extend to the OHWM, which is defined as “ . . . that line on the shore established by the fluctuations of water and indicated by physical characteristics such as a clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas.”4 Indicators of an OHWM are defined in A Field Guide to the Identification of the Ordinary High Water Mark (OHWM) in the Arid West Region of the Western United States (Corps 2008). In addition to characteristics listed above, wracking; vegetation matted down, bent, or absent; sediment sorting; leaf litter disturbed or washed away; scour; deposition; multiple observed flow events; bed and banks; water staining; and/or change in plant community. Pursuant to the Corps Wetland Delineation Manual (Corps 1987), the identification of wetlands is based on a three-parameter approach involving indicators of hydrophytic vegetation, hydric soils, and wetland hydrology. In order to qualify as a wetland, a feature must exhibit at least minimal characteristics within each of these three parameters. It should also be noted that both the Regional Board and CDFW follow the methods utilized by the Corps to identify wetlands. For this Project , Corps jurisdictional wetlands are delineated using the methods outlined in the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region, Version 2.0 (Corps 2008). 3.2 WATERS OF THE STATE 3.2.1 REGIONAL WATER QUALITY CONTROL BOARD The California Porter-Cologne Water Quality Control Act gives the Regional Board very broad authority to regulate waters of the State, which are defined as any surface water or groundwater, including saline 4 CWA regulations 33 CFR §328.3(e).
Methodology
The CourtDelineation of State and Federal Jurisdictional Waters Report 11 waters. The Regional Board shares the Corps’ methodology for delineating the limits of jurisdiction based on the identification of OHWM indicators and utilizing the three parameter approach for wetlands. 3.2.2 CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE Sections 1600 et seq. of the California Fish and Game Code applies to all perennial, intermittent, and ephemeral rivers, streams, and lakes in the State. CDFW Regulations define “stream” as “a body of water that flows at least periodically or intermittently through a bed or channel having banks and that supports fish or other aquatic life. This includes watercourses having a surface or subsurface flow that supports or has supported riparian vegetation.” (14 Cal. Code Regs., § 1.72.) For this Project location, CDFW jurisdictional limits were delineated using this definition of “stream.” The CourtDelineation of State and Federal Jurisdictional Waters Report 12 Section 4 Literature Review ELMT conducted a thorough review of relevant literature and materials to preliminarily identify areas that may fall under the jurisdiction of the regulatory agencies. A summary of materials utilized during ELMT’s literature review is provided below and in Appendix C, Documentation. In addition, refer to Section 8 for a complete list of references used throughout the course of this delineation. 4.1 WATERSHED REVIEWThe project site is located within the Desert Knolls Wash–Mojave River sub-watershed (HUC 180902080703), a tributary drainage within the larger Mojave subbasin (HUC 18090208). This sub-watershed drains toward the Mojave River, an ephemeral watercourse that typically remains dry but conveys flows during periods of heavy rainfall or high-precipitation events. The broader Mojave Watershed encompasses a varied landscape of mountain ranges, desert plains, and inland valleys, and contains numerous ephemeral washes and dry lake basins. In the Victorville area, surface flows are generally directed toward the Mojave River during significant storm events. 4.2 LOCAL CLIMATE The Mojave Desert is found at elevations of 2,000 to 5,000 feet above mean sea level (msl) and is characterized by cool winter temperatures and warm summer temperatures, with its rainfall occurring almost entirely in the winter. Climatological data obtained from nearby weather stations indicates the annual precipitation in Victorville averages 5.4 inches per year. Nearly all precipitation occurs December through March, with negligible rainfall during the summer months. December is typically the wettest month, with a monthly average total of 1.07 inches. degrees Fahrenheit (°F) July is December the coldest (with lows around 39–mid-40s to low 50s 4.3 USGS TOPOGRAPHIC QUADRANGLEThe USGS 7.5 Minute Series Topographic Quadrangle maps show geological formations and their characteristics, describing the physical setting of an area through contour lines and major surface features including lakes, rivers, streams, buildings, landmarks, and other factors that may fall under an agency’s jurisdiction. Additionally, the maps depict topography through color and contour lines, which are helpful in determining elevations and latitude and longitude within the project site. According to the topographic map, the project site occurs within the Hesperia 7.5-minute quadrangles. The topographic map indicates that the site is entirely undeveloped, with access roads along the northern, eastern, and southern boundaries, and throughout the center of the site. On-site elevation ranges from approximately 2,990 to 3,006 feet above mean sea level and generally slopes from southwest to northeast across the site. The site is generally flat with no areas of significant topographic relief.
Literature Review
The CourtDelineation of State and Federal Jurisdictional Waters Report 13
4.4 AERIAL PHOTOGRAPHSPrior to conducting the field delineation, ELMT reviewed current and historical aerial photographs (1985-2025) of the project as available from Google Earth Pro Imaging. Aerial photographs can be useful during the delineation process, as they often indicate the presence of drainage features and riverine habitat within the boundaries of the project site, if any. The project site is located along the southeastern boundary of the City of Victorville, in a predominantly developed area. Surrounding land uses are primarily residential and commercial. The site is bordered to the west by several undeveloped, vacant lots, with residential development beyond; to the south by Silica Drive and additional residential uses; to the east by 1st Avenue, Lomitas: A Community of Learners Elementary School, and commercial development beyond; and to the north by Bible Baptist Church and residential neighborhoods. The site itself is primarily comprised of vacant, undeveloped and disturbed land that has been subjected to various anthropogenic disturbances, including off-road vehicle use. Natural plant communities are present but highly disturbed. A historic aerial review of the project site was conducted to determine the level of disturbance the project site has been subject to over recent decades. The following is a summary of the review. 1952 – 1969 The site entirely supports undeveloped land with natural plant communities. Disturbed land on and immediately adjacent to the site are observed in the area in the form of dirt access roads. No drainage is observed. 1984 – 1985 The site remains the same. However, land in the surrounding area is beginning to be developed with residential and commercial developments. No drainage is observed. 1994-2006 The church north of the project site, school east of the project site, and residential development south of the project site are first observed. Silica Drive south of the project site and First Avenue east of the project site are paved. The western terminus of Silica Drive ends where the storm drain is located on Silicia Drive west of the site. A storm drain outlet (culvert) appears to have been installed under Silica Drive west of the project site, when the residential development was created, creating a drainage feature flowing southwest to northeast. In 2005 a storm drain is first observed in the middle of the northern boundary of the project site to convey the flows under the church and into the underground storm drain system. 2009 Silica Drive is first observed extending further to the west of the project site and more residential houses were developed south of the site. The onsite drainage feature is more prominent, and the site appears to have been subject to weed abatement activities. Dirt access road/paths traverse the site. 2013-Present The site remains the same.
Literature Review
The CourtDelineation of State and Federal Jurisdictional Waters Report 14
4.5 SOILS Soils within and adjacent to the Project site were researched prior to the field delineation using the U.S. Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) Custom Soil Resource Report for San Bernardino County, Mojave River Area. Soil surveys furnish soil maps and interpretations originally needed in providing technical assistance to farmers and ranchers; in guiding other decisions about soil selection, use, and management; and in planning, research, and disseminating the results of the research. In addition, soil surveys are now heavily utilized in order to obtain soil information with respect to potential wetland environments and jurisdictional areas (i.e., soil characteristics, drainage, and color). Based on the NRCS USDA Web Soil Survey, the project site is historically underlain entirely by Bryman loamy fine sand (5 to 9 percent slopes). Soils across much of the site are compacted due to vehicle use, illegal dumping, and foot traffic. Refer to Exhibit 4, Soils. 4.6 HYDRIC SOILS LIST OF CALIFORNIA ELMT reviewed the USDA NRCS Hydric Soils List of California in an effort to verify whether on-site soils are considered to be hydric5. It should be noted that lists of hydric soils along with soil survey maps provide off-site ancillary tools to assist in wetland determinations, but they are not a substitute for field investigations. The presence of hydric soils is initially investigated by comparing the mapped soil series for the site to the County list of hydric soils. According to the hydric soils list, Bryman loamy fine sand (5 to 9 percent slopes) is not listed as hydric in San Bernardino County, California. 4.7 NATIONAL WETLANDS INVENTORY ELMT reviewed the U.S. Fish and Wildlife Service’s (USFWS) National Wetland Inventory (NWI) maps. Based on the NWI maps, no riverine resources are mapped within or adjacent to the boundaries of the project site. Mapping for this area was photo interpreted using 1:40,000 scale color infrared imagery from 1996. Refer to Appendix C, Documentation. 4.8 FLOOD ZONEThe Federal Emergency Management Act (FEMA) website was searched for flood data for the project site. Based on Flood Insurance Rate Maps No. 06071C6485J, the project site is located in Zone X – areas of minimal flood hazard. Refer to Appendix C, Documentation. 5 A hydric soil is a soil that formed under conditions of saturation, flooding or ponding long enough during the growing seasonto develop anaerobic conditions in the upper part.
The CourtDelineation of State and Federal Jurisdictional Waters Report 16 Section 5 Site ConditionsELMT biologists Andrew N. Mestas and Miranda L. Scolaro conducted a field delineation on October 15, 2025, to verify existing site conditions and document the extent of potential jurisdictional areas within the boundaries of the project site. ELMT field staff encountered no limitations during the field delineation. The project site primarily consists of undeveloped land that has been subject to various levels of anthropogenic disturbances and supports a creosote bush/rubber rabbitbrush scrub plant community and disturbed land. The southeastern portion of the site is heavily disturbed and largely devoid of vegetation as a result of vehicle activity. Dirt access roads/pathways were observed along the northern, eastern, and southern boundaries, as well as through the central portion of the site. Illegal dumping occurs throughout the site. 5.1 ON-SITE FEATURES 5.1.1 DRAINAGE FEATURES One (1) unnamed ephemeral drainage feature (Drainage 1) was observed within the boundaries of the project site during the field delineation. This feature flows in a southwest to northeast direction across the northwestern corner of the project site before flowing into a culvert located in the middle of the northern boundary of the site. This drainage feature was created when a storm drain outlet was installed on Silica Drive, west of and outside of the project footprint to convey stormwater runoff from surrounding roadways and residential developments. The storm drain did not replace an existing blue line stream or water resource that may have occurred prior to the development in the area. The onsite feature only conveys surface flow in direct response to precipitation and are not expected to be intermittent or permanent water features. Refer to Exhibit 5, Jurisdictional Areas. The OWHM of on-site drainage feature ranged from 1 to 4 feet in width. This on-site feature does not support riparian vegetation. Refer to Appendix A, Site Photographs. The on-site drainage feature is primarily composed of sandy substrate with sparse vegetation. The drainage supports upland plant species characteristic of the surrounding creosote bush/rubber rabbitbrush scrub community. Common native species observed on-site include creosote (Larrea tridentata), rubber rabbitbrush (Ericameria nauseosa), sacred datura (Datura wrightii), annual bur-sage (Ambrosia acanthicarpa), and ephedra (Ephedra californica). Non-native species such as Russian thistle (Salsola tragus) and shortpod mustard (Hirschfeldia incana) were also present. 5.1.2 WETLAND FEATURES In order to qualify as a wetland, a feature must exhibit all three wetland parameters (i.e., vegetation, soils, and hydrology) described in the Corps Arid West Regional Supplement. Although evidence of hydrology (i.e., scour, changes in substrate, lack of vegetation) was present within the on-site drainages, these areas were dominated by upland plant species. Further, water does not persist long enough on the Project site to create hydric soil (anaerobic) conditions, and none of the on-site drainages supported a dominance of Site Conditions
The CourtDelineation of State and Federal Jurisdictional Waters Report 17 hydrophytic vegetation. As a result, no features on-site meet the Corps’ or Regional Board’s wetland definition to qualify as jurisdictional wetlands.
The CourtDelineation of State and Federal Jurisdictional Waters Report 21 Section 7 Regulatory Approval ProcessThe following is a summary of the various permits, certifications, and agreements that may be necessary prior to construction and/or alteration within jurisdictional areas. Ultimately the regulatory agencies make the final determination of jurisdictional boundaries and permitting requirements. 7.1 UNITED STATES ARMY CORPS OF ENGINEERSThe Corps regulates discharges of dredged or fill materials into waters of the United States and wetlands pursuant to Section 404 of the CWA. No Corps jurisdictional areas were identified within the project site and a CWA Section 404 permit would not be required for the proposed project. It recommended that the project applicant coordinate with the Corps to confirm existing site conditions and document the absence of Corps jurisdiction within the boundaries of the project site. The Corps may require an Approved Jurisdictional Determination (AJD) to be processed to confirm the absence of waters of the United States; however, they may waive the need for a AJD to be processed. 7.2 REGIONAL WATER QUALITY CONTROL BOARD The Regional Board regulates discharges to surface waters pursuant to Section 401 of the CWA and the California Porter-Cologne Water Quality Control Act. Impacts to on-site jurisdictional areas will likely require a Report of Waste Discharge prior to project implementation. Therefore, it will be necessary for the applicant to acquire a Report of Waste Discharge Certification prior to impacts occurring within Regional Board jurisdictional areas. The Regional Board also requires that California Environmental Quality Act (CEQA) compliance be obtained prior to obtaining the Certification. A Regional Board Application fee is required with the application package and is calculated based on the acreage and linear feet of jurisdictional impacts. The feature was created and the Regional Board might not require mitigation for impacts. A Report of Waste Discharge will need to be submitted and reviewed by the Regional Board to determine if mitigation will be required. 7.3 CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE Pursuant to Section 1602 of the California Fish and Game Code, the CDFW regulates any activity that will divert or obstruct the natural flow or alter the bed, channel, or bank (which may include associated biological resources) of a river or stream. A Section 1602 Streambed Alteration Agreement from the CDFW will be required for impacts to the onsite drainage features prior to project implementation. The notification is based on the term and cost of a Project. The Section 1602 Streambed Alteration Agreement will not be issued until all fees are paid to the CDFW. CDFW also requires that CEQA compliance be obtained prior to issuance of the Streambed Alteration Agreement.
Regulatory Approval Process
The CourtDelineation of State and Federal Jurisdictional Waters Report 22 The feature was created, and does not support any riparian habitat and CDFW might not require mitigation for impacts. A Section 1602 Permit will need to be submitted and reviewed by CDFW to determine if mitigation will be required.
The CourtDelineation of State and Federal Jurisdictional Waters Report 23 Section 8 References Environmental Laboratory. 1987. Corps of Engineers Wetland Delineation Manual. Technical Report Y-87-1. Vicksburg, MS: U.S. Army Engineer Waterways Experiment Station, 1987. Google, Inc. 2023. Google Earth Pro Imagery version 7.3.6.10441 build date 9/3/2025. Historical Aerial Imagery from 1985 to 2025. U.S. Army Corps of Engineers (Corps). 2006. Distribution of Ordinary High Water Mark Indicators and their Reliability in Identifying the Limits of “Waters of the United States” in the Arid Southwestern Channels. February 2006. Corps. 2008. A Field Guide to the Identification of the Ordinary High Water Mark in the Arid West Region of the Western United States. August 2008. Corps. 2008. Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region (Version 2.0), ed. J.S. Wakeley, R. W. Lichvar, and C. V. Nobel. ERDC/EL TR-08-28. Vicksburg, MS: U.S. Army Engineer Research and Development Center. Corps. 2016. Arid West 2016 Regional Wetland Plant List. 2016 NWPL v3.3. Accessed online at http://wetland-plants.usace.army.mil/nwpl_static/index.html. Corps. 2016. Updated Map and Drawing Standards for the South Pacific Regulatory Division Regulatory Program. February 2016. Corps. 2017. Los Angeles District Regulatory Program (www.spl.usace.army.mil/). Corps. 2017. Minimum Standards for Acceptance of Aquatic Resources Delineation Reports. March 2017. Corps. 2017. Reissuance of the Nationwide Permits and Issuance of Final Regional Conditions for the Los Angeles District. March 2017. Corps. 2020. The Navigable Waters Protection Rule: Definition of “Waters of the United States. 33 CFR Part 328. April 2020. State Water Resources Control Board. 2019. State wetland Definition and procedures for Discharges of Dredged or Fill Material to Waters of the State. Adopted May 28, 2020. U.S. Department of Agriculture, Natural Resources Conservation Service (USDA NRCS). List of Hydric Soils. Accessed online at https://www.nrcs.usda.gov/wps/portal/nrcs/main/soils/use/hydric/. USDA NRCS. 2017. Field Indicators of Hydric Soils in the United States: A Guide to Identifying and Delineating Hydric Soils, Version 8.1. 2017. U.S. Department of Homeland Security, Federal Emergency Management Agency, National Flood Insurance Program, Flood Insurance Rate Map No. 06071C6485J.
References
The CourtDelineation of State and Federal Jurisdictional Waters Report 24 U.S. Fish and Wildlife Service, Department of Habitat and Resource Conservation. 2019. Wetland Geodatabase. Accessed online at https://www.fws.gov/wetlands/data/Mapper.html. Vyverberg, Kris. 2010. A Review of Stream Processes and Forms in Dryland Watersheds. California Department of Fish and Game. December 2010.
Appendix A Site Photographs
Appendix B Site Plan
CITY OF VICTORVILLE INITIAL STUDY ANDMITIGATED NEGATIVE DECLARATIONTHE COURT (99-UNIT TOWNHOME DEVELOPMENT)APN 3091-161-02 & 3091-161-04NWC SILICA DR. & FIRST AVE.
INITIAL STUDY MITIGATED NEGATIVE DECLARATION PAGE 17
EXHIBIT 5 SITE PLAN SOURCE: TWEN MA ARCHITECTS
Appendix C Documentation
Appendix D Methodology
S E P T E M B E R 1 3 , 2 0 2 4 B C R C O N S U L T I N G L L C T H E C O U R T P R O J E C TC U L T U R A L R E S O U R C E S A S S E S S M E N TMANAGEMENT SUMMARY S E P T E M B E R 1 3 , 2 0 2 4 B C R C O N S U L T I N G L L C T H E C O U R T P R O J E C TC U L T U R A L R E S O U R C E S A S S E S S M E N T
S E P T E M B E R 1 3 , 2 0 2 4 B C R C O N S U L T I N G L L C T H E C O U R T P R O J E C TC U L T U R A L R E S O U R C E S A S S E S S M E N T
FIGURES TABLES APPENDICES
S E P T E M B E R 1 3 , 2 0 2 4 B C R C O N S U L T I N G L L C T H E C O U R T P R O J E C TC U L T U R A L R E S O U R C E S A S S E S S M E N T INTRODUCTION Hesperia, California Regulatory Setting The California Environmental Quality Act.
S E P T E M B E R 1 3 , 2 0 2 4 B C R C O N S U L T I N G L L C T H E C O U R T P R O J E C TC U L T U R A L R E S O U R C E S A S S E S S M E N T S E P T E M B E R 1 3 , 2 0 2 4 B C R C O N S U L T I N G L L C T H E C O U R T P R O J E C TC U L T U R A L R E S O U R C E S A S S E S S M E N TTribal Cultural Resources. Paleontological Resources. NATURAL SETTING Geology Biology S E P T E M B E R 1 3 , 2 0 2 4 B C R C O N S U L T I N G L L C T H E C O U R T P R O J E C TC U L T U R A L R E S O U R C E S A S S E S S M E N TCULTURAL SETTING Prehistory Paleoindian (12,000 to 10,000 BP) and Lake Mojave (10,000 to 7,000 BP) Periods. Pinto Period (7,000 to 4,000 BP).
S E P T E M B E R 1 3 , 2 0 2 4 B C R C O N S U L T I N G L L C T H E C O U R T P R O J E C TC U L T U R A L R E S O U R C E S A S S E S S M E N TGypsum Period. (4,000 to 1,500 BP). Saratoga Springs Period (1,500 to 800 BP). Shoshonean Period (800 BP to Contact).
S E P T E M B E R 1 3 , 2 0 2 4 B C R C O N S U L T I N G L L C T H E C O U R T P R O J E C TC U L T U R A L R E S O U R C E S A S S E S S M E N TLocal Sequence.
PERSONNEL METHODS Research
S E P T E M B E R 1 3 , 2 0 2 4 B C R C O N S U L T I N G L L C T H E C O U R T P R O J E C TC U L T U R A L R E S O U R C E S A S S E S S M E N TField Survey RESULTS Research Table A. Cultural Resources and Reports Within One-Mile of the Project Site USGS Quad Cultural Resources Studies Hesperia , CaliforniaField Survey RECOMMENDATIONS S E P T E M B E R 1 3 , 2 0 2 4 B C R C O N S U L T I N G L L C T H E C O U R T P R O J E C TC U L T U R A L R E S O U R C E S A S S E S S M E N T S E P T E M B E R 1 3 , 2 0 2 4 B C R C O N S U L T I N G L L C T H E C O U R T P R O J E C TC U L T U R A L R E S O U R C E S A S S E S S M E N T S E P T E M B E R 1 3 , 2 0 2 4 B C R C O N S U L T I N G L L C T H E C O U R T P R O J E C TC U L T U R A L R E S O U R C E S A S S E S S M E N TREFERENCES Kelso Conference Papers 1987-1992, CaliforniaHistorical Atlas of CaliforniaFort Rock Basin: Prehistory and Environment. Nevada Archaeological Survey Research Papers . Southwest Museum Papers The Cattle on a Thousand HillsSouthern California, 1850-80.The Colton Courier Stone Tool Analysis: Essays in Honor of Don E. Crabtree, American Antiquity S E P T E M B E R 1 3 , 2 0 2 4 B C R C O N S U L T I N G L L C T H E C O U R T P R O J E C TC U L T U R A L R E S O U R C E S A S S E S S M E N TAmerican Anthropologist University of California Publications in American Archaeology and Anthropology California Gold Camps; A Geographical and Historical Dictionary of Camps, Towns, and Localities Where Gold Was Found and mine; Wayside Stations and Trading Centers. . San Bernardino County SentinelSan Bernardino County Sentinel Chronological Ordering of Great Basin Prehistory. The Archaeology of the Death Valley Salt Pan, California. Introduction to the Natural History of Southern CaliforniaHandbook of the Indians of California. University of California Publications in American Archaeology and Ethnology The Story of Oro Grande. The Archaeology of Tiefort Basin, Fort Irwin, San Bernardino County, California.
S E P T E M B E R 1 3 , 2 0 2 4 B C R C O N S U L T I N G L L C T H E C O U R T P R O J E C TC U L T U R A L R E S O U R C E S A S S E S S M E N TPaleontologic Resource Overview and Management Plan for Edwards Air Force Base, California. Early Lithic Industries of the Lower Basin of the Colorado River and Adjacent Desert Areas. The Pinto Point Controversy in the Western United States. Lost City, Pueblo Grande de Nevada. Contributions in Anthropology University of California Publications in American Archaeology and Ethnology . Journal of California and Great Basin Anthropology The Turner Ranch. Hesperia, California Desert Fever: An Overview of Mining in the California Desert. University of California Archaeological Survey Reports . American Antiquity S E P T E M B E R 1 3 , 2 0 2 4 B C R C O N S U L T I N G L L C T H E C O U R T P R O J E C TC U L T U R A L R E S O U R C E S A S S E S S M E N T The Journal of California Anthropology Ancient Peoples and Cultures of Death Valley National Monument. Victorville California, United States. California Archaeology Handbook of the North American Indians, Vol. 11, Great Basin, Habitats Alive! An Ecological Guide to California's Diverse Habitats.
S E P T E M B E R 1 3 , 2 0 2 4 B C R C O N S U L T I N G L L C T H E C O U R T P R O J E C TC U L T U R A L R E S O U R C E S A S S E S S M E N TAPPENDIX A NATIVE AMERICAN HERITAGE COMMISSION CORRESPONDENCE
County Tribe Name Fed (F)Non-Fed (N)Contact Person Contact Address Phone # Email AddressNative American Heritage CommissionNative American Contact ListSan Bernardino County8/20/2024 08/20/2024 11:05 AM 1 of 8
Native American Heritage CommissionNative American Contact ListSan Bernardino County8/20/2024 08/20/2024 11:05 AM 2 of 8
Native American Heritage CommissionNative American Contact ListSan Bernardino County8/20/2024 08/20/2024 11:05 AM 3 of 8
S E P T E M B E R 1 3 , 2 0 2 4 B C R C O N S U L T I N G L L C T H E C O U R T P R O J E C TC U L T U R A L R E S O U R C E S A S S E S S M E N TAPPENDIX B PALEONTOLOGICAL RESOURCES OVERVIEW S E P T E M B E R 1 3 , 2 0 2 4 B C R C O N S U L T I N G L L C T H E C O U R T P R O J E C TC U L T U R A L R E S O U R C E S A S S E S S M E N TAPPENDIX C PROJECT PHOTOGRAPHS
S E P T E M B E R 1 3 , 2 0 2 4 B C R C O N S U L T I N G L L C T H E C O U R T P R O J E C TC U L T U R A L R E S O U R C E S A S S E S S M E N TAPPENDIX D RECORDS SEARCH BIBLIOGRAPHY
REFERENCE DOCUMENT
Prepared For: Prepared By:
APPROVED11/18/2025ENGINEERING DEPARTMENT
K2 Traffic Engineering, Inc.
K2 Traffic Engineering, Inc.
K2 Traffic Engineering, Inc.
K2 Traffic Engineering, Inc.
K2 Traffic Engineering, Inc.
K2 Traffic Engineering, Inc.
K2 Traffic Engineering, Inc.
K2 Traffic Engineering, Inc.
City of Victorville Vehicle Miles Traveled (VMT) Analysis Guidelines,