Since the Proposed Project is being evaluated at a programmatic level, with the exception of the Pacific Oaks Commerce Center Project, and there are no projects with sufficient detail to analyze at this point, site -specific sewer infrastructure details and requirements are not known at this time. As projects consistent with the Proposed Project are submitted, detailed sewer analyses will identify on- and off - site improvements. In certain instances where more precise detail is required, developers may be required to perform sewer flow monitoring at key nodes in the existing sewer system that would receive future flows from the planning area. All development would also need to pay developer fees and fair - share contributions for regional improvements.
The increase in sewer flows of approximately 0.61 mgd would increase the amount of treatment required at the WRF (see Table 5.19-2). The existing wastewater flow within the system is approximately 3.8 mgd as of 2020, resulting in remaining capacity of 4.2 mgd. Therefore, development anticipated under the Proposed Project would not exceed the available wastewater treatment capacity of the WRF.
Additionally, project -generated wastewater would comply with the Sana Ana Regional Water Quality Control Board's Order No. R8-2015-0027. Development pursuant to the Proposed Project would also be designed, constructed, and operated in accordance with the YVWD's Order No. 54-2009.
Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 86 -
09/23/2024 City Council Agenda 408
Therefore, impacts would be less than significant. The Proposed Project would not result in new or substantially more severe impacts associated with wastewater treatment and infrastructure when compared to the analysis in the 2008 Certified EIR.
Pacific Oaks Commerce Center
Construction of any on -site and off -site sewer lines and associated improvements would be in accordance with the State Construction General Permit and coordinated with the City and YVWD. A construction management plan or equivalent would be required to ensure safe pedestrian access, emergency vehicle access, and safe vehicle travel. Moreover, when considering impacts resulting from the installation of any required wastewater infrastructure, all impacts are relatively short term and would cease once the installation is complete. Therefore, impacts on wastewater systems associated with construction activities would be less than significant.
The 24-inch trunkline that bisects planning areas BP2 and BP3 does not have sufficient capacity for the Pacific Oaks Commerce Center project. A new sewer line from the proposed development to the waste treatment facility that runs parallel to the existing 24-inch line is proposed to avoid adding any flows to the impacted line. The proposed line would be within the future roadway between BP2 and BP3 and would tie into the existing line south of BP3 that leads to the treatment facility.
As with any development in the plan area, the Pacific Oaks Commerce Center project must prepare detailed sewer reports, including detailed demands, grading plans, pad elevations, anticipated easements and public dedications, points of connection, anticipated sewer line alignments, and slopes. Once the documentation is complete, YVWD would incorporate the sewer demands into the sewer hydraulic model to evaluate impacts and identify the required sewer infrastructure upgrades necessary to support the development while ensuring existing systems and service areas are not negatively impacted. The project applicant would also need to pay developer fees and fair -share contributions for regional improvements. Therefore, impacts on wastewater infrastructure associated with the operational phase of development pursuant to the Pacific Oaks Commerce Center project would be less than significant.
The Pacific Oaks Commerce Center project would not result in new or substantially more severe impacts associated with wastewater treatment and infrastructure when compared to the analysis in the 2008 Certified EIR.
Finding. Compliance with existing PPPs would minimize adverse impacts from utilities and service systems to less than significant levels. The Proposed Project would have a less than significant direct, indirect, and cumulative impact to wastewater facilities. Accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.
Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 87 -
09/23/2024 City Council Agenda 409
Impact 5.19-2: Impact 5.19-2: Water supply and delivery systems are adequate to meet project requirements. [Thresholds U-1(part) and U-21
Water Supply and Delivery Systems
FCSP Buildout
Water Infrastructure
Proposed development within the FCSP area is anticipated to fall within Pressure Zones 9 through 12 based on the analysis completed for the 2008 FCSP. There have been no significant changes that would alter the pressure zones.
A draft water infrastructure plan for both potable and nonpotable water systems has been completed by YVWD for the FCSP. Approximately 1,364 linear feet of on -site potable waterlines would be installed connecting private water lines from each building with the public system in the proposed streets. Approximately 20,690 linear feet of off -site potable public water lines would be installed to service the Proposed Project.
Figure 5.19-4, Proposed Potable Water Infrastructure, of the Draft SEIR, shows the proposed potable water lines needed to serve the Proposed Project. A new water connection would be required and begin at Avenue D and Oak Glen Road to the north and run south under the I-10 within Live Oak Canyon and then easterly in the new proposed road leading to the Pacific Oaks Commerce Center project, and new water lines would be needed for planning Areas PA14 through PA 24. For development north of I-10, existing and new water lines would service the proposed land uses. For the proposed residential and commercial uses west of Live Oak Canyon Road, water lines would be extended from Live Oak Canyon Road. In addition to proposed pipelines, the water infrastructure plan also notes additional water wells, tanks, and booster pumping plants needed throughout the FCSP project area.
Recycled water pipelines would occur adjacent to all proposed potable water infrastructure. Projects in the plan area would be responsible for implementing on -site potable and recycled water lines (if they are within YVWD's service area), water reservoirs, booster systems, and off -site potable and recycled water lines to their specific locations to bring water sources into the new service areas and ensure adequate pressure for fire flow protection. Project's within SMWC's service area would need to implement the requirements of SMWC's Standard Specification for the Furnishing of Materials and the Construction of Water Facilities.
All construction would be performed in accordance with the Construction General Permit. Any work that may affect services to the existing water lines would be coordinated with the City and the associated water district. When considering impacts resulting from the installation of any required water infrastructure, all impacts are relatively short term and would cease once the installation is complete. Therefore, impacts on water systems associated with construction activities would be less than significant.
All three water districts in the plan area have a formal process to ensure that the overall water system is managed efficiently and functions properly, including infrastructure, fire flow requirements, and water supply availability. New development projects must prepare detailed water hydraulic reports.
Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 88 -
09/23/2024 City Council Agenda 410
Therefore, impacts on water infrastructure associated with the operational phase of the Proposed Project would be less than significant. The Proposed Project would not result in new or substantially more severe impacts associated with water delivery systems when compared to the impacts in the 2008 Certified EIR.
Water Demand
The Proposed Project increases the total dwelling units by 25 and increases the nonresidential land uses by 504,713 square feet. Table 5.19-6, Residential and Nonresidential Water Demands, of the Draft SEIR, shows the total water demands for the Approved Project compared to the Proposed Project and shows that potable water demands would increase by approximately 354 acre-feet per year (afy), and recycled water demands would decrease by approximately 193 afy.
YVWD's 2020 Urban Water Management Plan (UWMP) states that there are sufficient water supplies through 2045 to meet projected demands in normal years, single dry years, and multiple dry years through 2045. As identified in the WSA (see Appendix Q of the Draft SEIR), YVWD would enter into a long-term water supply agreement with WHWC to supplement WHWC's groundwater supplies with imported water supplied by YVWD. Additional water supplies for the Proposed Project are also expected to be secured by water rights acquired by YVWD from the South Mountain Water Company to further enhance the water supplies for proposed development within YVWD's and W IWC's service areas.
SMWC's service area encompasses the County Line Road Warehouse project and an additional 9.7 acres of Business Park land uses. The additional 9.7 acres of Business Park uses would result in a potable water demand of 19,400 gpd (or approximately 22 afy).s As shown in Table 5.19-4, SMWC Normal, Single Dry, and Multiple Dry Year Supply and Demand, of the Draft SEIR, SMWC has residual water supply to accommodate this increase in potable water demand and impacts would be less than significant. The Proposed Project would not result in new or substantially more severe impacts associated with water supply when compared to the 2008 Certified EIR.
Pacific Oaks Commerce Center
Water Infrastructure
Construction of any on -site and off -site water lines and associated improvements would be in accordance with the State Construction General Permit and coordinated with the City and YVWD.
Moreover, when considering impacts resulting from the installation of any required water infrastructure, all impacts are relatively short term and would cease once the installation is complete.
Therefore, impacts on water systems associated with construction activities would be less than significant.
For the Pacific Oaks Commerce Center project, newwater service lines would be constructed to service the two industrial buildings and the future residential component (PA 10). The applicant worked with YVWD on pipe sizes, alignments, and associated infrastructure to provide reliable water supply and fire flow protection and determined the alignments for both potable and recycled water lines to follow 8 Using YVWD's potable water demand rate of 2,000 gpd/ac for Light Industrial uses.
Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 89 -
09/23/2024 City Council Agenda 411
the proposed roadway network associated with the proposed land uses. For recycled water infrastructure, proposed pipeline alignment would occur adjacent to all proposed potable water infrastructure. Separate pipelines and water storage facilities are used between the two sources to avoid mixing.
As with any development in the plan area, the Pacific Oaks Commerce Center project would prepare detailed water hydraulic reports. Once the documentation is complete, YVWD would incorporate the water demands into the water hydraulic model to evaluate impacts and identify the required water infrastructure upgrades necessary to support the development while ensuring existing systems and service areas are not negatively impacted. The project applicant would also need to pay developer fees and fair share contributions for regional improvements. Therefore, impacts would be less than significant. The project would not result in new or substantially more severe impacts associated with water delivery infrastructure when compared to impacts in the 2008 Certified EIR.
Water Demand
The Pacific Oaks Commerce Center is within the proposed FCSP, and development of the Pacific Oaks Commerce Center project is included in the water demand identified in Table 5.19-6. As identified in the WSA (see Appendix Q), the YVWD indicates that there would be sufficient water supplies to meet the demand for Pacific Oaks Commerce Center. Therefore, the Pacific Oaks Commerce Center would not result in new or substantially more severe significant impacts to water supply when compared to the 2008 Certified EIR.
Finding. Compliance with existing PPPs would minimize adverse impacts from utilities and service systems to less than significant levels. The Proposed Project would have a less than significant direct, indirect, and cumulative impact to water supply and treatment facilities. Accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.
Impact 5.19-3: The Proposed Project would not require or result in the relocation or construction of new or expanded storm drain facilities the construction or relocation of which could cause significant environmental effects. [Threshold U-1 (part)]
Stormwater Systems
FCSP Buildout
The Proposed Project would have similar impervious conditions as the land uses for the plan area addressed in the 2008 Certified EIR. San Bernardino County Flood Control District (SBCFCD) and the City require that new development complete drainage and hydrology analyses to ensure that on - and off -site drainage facilities can accommodate increased stormwater flows. New development would be required to prepare a stormwater water quality management plan that includes implementation of on -site best management practices.
Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 90 -
09/23/2024 City Council Agenda 412
Additionally, hydromodification impacts would be addressed on a project -by -project basis in accordance with the San Bernardino County Technical Guidance Document. All projects would also be required to evaluate project -specific impervious surface calculations to ensure proper mitigation of runoff is met, and would be subject to the provisions in the 2012 Master Plan of Drainage (MPD), which requires projects to match or reduce peak flows compared to predevelopment conditions.
Additionally, all new storm drain systems would be designed in conformance with the City's standards.
Therefore, the Proposed Project would not result in a new or substantially more severe significant impact associated with storm drainage infrastructure when compared to the Approved Project, and impacts would be less than significant.
Pacific Oaks Commerce Center
A preliminary hydrology report for the Pacific Oaks Commerce Center was prepared (see Appendix L of the Draft SEIR). Existing peak flow rates were determined for the 100-year, 24-hour storm event and compared to peak flows for the proposed development for the same storm events. Proposed storm drain facilities would be designed and constructed in accordance with SBCFCD requirements and the City's standards. Therefore, the Pacific Oaks Commerce Center would not result in new or substantially more severe significant impacts in this regard compared to impacts in the 2008 Certified EIR.
Finding. Compliance with existing PPPs would minimize adverse impacts from utilities and service systems to less than significant levels. The Proposed Project would have a less than significant direct, indirect, and cumulative impact to stormwater facilities. Accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.
Impact 5.19-4: Existing and/or proposed facilities would be able to accommodate Project - generated solid waste and comply with related solid waste regulations. [Thresholds U-4 and U-5]
Solid Waste
FCSP Buildout
Implementation of the Proposed Project would decrease solid waste generation by 65,015 pounds per day when compared to the Approved Project, as shown in Table 5.19-8, Change in Solid Waste Generation, of the Draft SEIR. Therefore, the San Timoteo Sanitary Landfill would be able to accommodate the solid waste generated from buildout of the Proposed Project.
Furthermore, substantial reductions in solid waste from construction materials can be achieved through recycling, reuse, and diversion programs. CALGreen section 5.408, Construction Waste Reduction, Disposal and Recycling, mandates recycling and/or salvaging for reuse a minimum of 65 percent of the nonhazardous construction and demolition waste. The California Building Code also requires a Construction and Demolition materials management plan prior to issuance of building permits for large projects. Project -related construction and operation phases would comply with federal, State, and local laws and regulations that govern solid waste disposal. With continued compliance with the applicable regulations, anticipated rates of solid waste disposal would be less than Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 91 -
09/23/2024 City Council Agenda 413
significant. The Proposed Project would not result in new or substantially more severe impacts associated with solid waste disposal when compared to the 2008 Certified EIR.
Pacific Oaks Commerce Center
The solid waste generation for the Proposed Project includes solid waste generated by the Pacific Oaks Commerce Center project, and the San Timoteo Sanitary Landfill would be able to accommodate the solid waste generated from the project. Additionally, the Pacific Oaks Commerce Center project would implement the requirements of CALGreen, would implement a Construction and Demolition materials management plan, and would comply with federal, State, and local laws and regulations that govern solid waste disposal as listed above. Therefore, impacts would be less than significant. The Pacific Oaks Commerce Center project would not result in new or substantially more severe impacts associated with solid waste disposal when compared to impacts in the 2008 Certified EIR.
Finding. Compliance with existing PPPs would minimize adverse impacts from utilities and service systems to less than significant levels. The Proposed Project would have a less than significant direct, indirect, and cumulative impact to solid waste disposal facilities and services. Accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.
Impact 5.19-5: The Proposed Project would not require or result in the relocation or construction of new or expanded electric power, natural gas, or telecommunication facilities the construction or relocation of which could cause significant environmental effects. [Threshold U-1 (part)] Other Utilities
FCSP Buildout
Construction
Most large construction equipment for construction would be gas or diesel powered, and later construction phases would require electricity -powered equipment such as nail guns for interior construction and sprayers for architectural coatings. Overall, the use of electricity would be temporary and would fluctuate according to the phase of construction. Therefore, energy consumption associated with construction activities would be similar. Therefore, the Proposed Project would not result in a new or substantially more severe significant impact when compared to the Approved Project, and impacts would be less than significant.
Operation
Compared to the Approved Project, the Proposed Project would result in a decrease of 11,322,933 kilowatt-hours per year in electricity and 24,924,846 kilo British thermal units per year of natural gas demand. The decrease is generally attributable to the decrease in the regional commercial space in lieu of warehousing space. Land uses accommodated under the FCSP would be subject to the Building Energy Efficiency Standards and CALGreen which would contribute to reducing building energy demands through energy efficiency and use of renewable energy.
Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 92 -
09/23/2024 City Council Agenda 414
Total electricity consumption in SCE's service area is forecast to decrease by approximately 1,068 gigawatt-hours between 2020 and 2035. The total gas consumption in the SoCalGas service area was approximately 7,333 million therms in 2020, with demand projected to be 7,672 million therms in 203.
SCE and SoCalGas forecast that they will have sufficient electricity and gas supplies to meet demands in its service area.
Infrastructure supporting telecommunications services associated with the Proposed Project would be provided and installed on -site. Concealed wireless telecommunications facilities would be installed, resulting in physical impacts to the surface and subsurface of the plan area. These impacts are part of the construction phase and are evaluated throughout this Draft SEIR. Therefore, impacts would be less than significant. The Proposed Project would not result in new or substantially more severe impacts when compared to the 2008 Certified EIR.
Pacific Oaks Commerce Center
Construction
Energy consumption during the construction phase of the Pacific Oaks Commerce Center would be similar to other development pursuant to the Proposed Project. Therefore, impacts would be less than significant. The Pacific Oaks Commerce Center project would not result in new or substantially more severe impacts when compared to the 2008 Certified EIR.
Operation
Energy consumption for the Pacific Oaks Commerce Center project is included in the overall energy consumption for the Proposed Project. As noted above, the Proposed Project would result in a decrease in both electricity and natural gas use. The Pacific Oaks Commerce Center project would be required to comply with the latest applicable Building Energy Efficiency Standards and CALGreen, and the two proposed warehouses would each have a photovoltaic system installed. Each system would generate up to 150,000 kilowatt-hours per year of renewable electricity. Additionally, SCE and SoCalGas forecasts that they will have sufficient supplies to meet demands in their service areas.
Therefore, implementation of the Pacific Oaks Commerce Center project would not require SCE to obtain new or expanded electricity supplies; impacts would be less than significant.
Infrastructure supporting telecommunications services would be provided and installed on -site.
Concealed wireless telecommunications facilities would be installed. These impacts are part of the construction phase and are evaluated throughout this Draft SEIR. Impacts would be less than significant. The Pacific Oaks Commerce Center project would not result in new or substantially more severe impacts when compared to the 2008 Certified EIR.
Finding. Compliance with existing PPPs would minimize adverse impacts from utilities and service systems to less than significant levels. The Proposed Project would have a less than significant direct, indirect, and cumulative impact to other utilities. Accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.
Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 93 -
09/23/2024 City Council Agenda 415
18. Wildfire
The following are plans, programs, and policies (PPPs) that would reduce the Proposed Project's potential wildfire impacts:
Fire Protection Plan
Development within the FCSP is required to adhere to the requirements identified in the FCSP Fire Protection Plan (see Appendix S).
Section 2.2.5 Fire Protection Features' Beneficial Effect on Wildfire Ignition Risk Reduction Ignition Resistant, Planning, and Maintained Landscape. Landscaping within the plan area, including common areas and Fuel Modification Zones (FMZ), would be subject to strict plant types that are lower ignition plants. Landscaping close to structures will require irrigation to maintain high plant moistures.
2. Fuel Modification Zones. All development within the plan area will provide an FMZ, which would be 100 feet and includes specifically selected plant species, very low fuel densities (only 30 percent retention of native plants in outer zones and irrigated inner zones), and ongoing maintenance, resulting in a wide buffer between the developed areas and the off -site native fuels.
3. Annual FMZ Inspections. All developments within the Specific Plan area, each developer would have a contracted, 3rd party, Yucaipa Fire Department —approved FMZ inspector perform two inspections per year to ensure that FMZs are maintained in a condition that is consistent with the City's and Fire Protection Plan requirements and would provide a benefit of a wide barrier separating wildland fuels from on -site ignitions.
4. Ignition Resistant Structures. Structures within the plan area would be built to the CBC Chapter 7A ignition resistant requirements that have been developed and codified after fire save and loss assessments. These measures would result in structures that are designed, built, and maintained to withstand fire and embers associated with wildfires.
Interior Fire Sprinklers. Developments within the plan area would include interior fire sprinklers, which are designed to provide additional time for occupants to escape the structures. Sprinklers are also designed to provide structural protection.
6. Fire Access Roads. All roads within the plan area would provide code -consistent access throughout each development, including at least two points of ingress/egress.
7. Water. Future development within the plan area will provide water for firefighting throughout the project site, including fire hydrants accessible by fire engines, which is a critical component of suppressing both structural and vegetation fires. All development in the plan area will provide firefighting water volume, availability, and sustained pressures to the satisfaction of Yucaipa Fire Department.
Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 94 -
09/23/2024 City Council Agenda 416
Section 5.4 Defensible Space and Vegetation Management
This section of the Fire Protection Plan includes defensible space and FMZ requirements. An FMZ is a strip of land where combustible vegetation has been removed and/or modified and partially or completely replaced with more adequately spaced, drought -tolerant, fire-resistant plants to give structures a reasonable level of protection from wildland fire. The FMZ would include a minimum 5- foot-wide noncombustible Zone A, a 45-foot-wide irrigated Zone B, and a 50-foot-wide thinning Zone C. In areas that would be unable to achieve 100 feet of FMZ, the incorporation of enhanced construction features, such as a 6-foot heat deflecting wall constructed of concrete masonry units between on -site structures and unmaintained open space would be used to provide a functional equivalency for a full FMZ. FMZs would be maintained on at least an annual basis or more often as needed to maintain the fuel modification buffer function. An on -site inspection will be conducted by the Yucaipa Fire Department upon completion of landscape installation before a certificate of occupancy being granted by the City's building code official.
Additionally, a fire access road zone would provide 10 feet of horizontal clearance on each side and 20 feet of vertical clearance along all fire access roads. This zone would also require an unobstructed vertical clearance of 20 feet, appropriate placing of landscaping and native plants, lower flammability trees, and maintenance of landscaping and other features.
Prior to the start of construction, perimeter fuel modification areas would be implemented and approved by the Yucaipa Fire Department from combustible materials that are brought on -site. This includes removing 50 percent of the existing flammable vegetation and removing dead fuel, ladder fuel, and downed fizel.
Appendix D of the Fire Protection Plan contains a list of undesirable plants that have highly flammable characteristics. These characteristics can be physical (structure promotes ignition or combustible) or chemical (volatile chemicals increase flammability or combustion characteristics). These plants could not be planted or allowed to establish opportunistically within the FMZs or landscape areas.
Conditions of Approval
Specific Plan
■ Prior to approval of recording any final map or issuance of a Building Permit, a Community Facilities District (CFD) or Fire Service Agreement (FSA) shall be approved and implemented to support the needs of the Yucaipa Fire Department to serve the FCSP. In particular, the CFD or FSA shall address the equipment requirements related to an identified need for an aerial ladder and/or Type 6 Medic Patrol or Medic Squad to adequately ensure availability of needed resources.
The CFD or FSA shall be approved in cooperation with the Yucaipa Fire Department, City of Yucaipa Planning Department, and property owners (or residents if a CFD is approved requiring voter approval [greater than 12 property owners]). The parties may agree to an alternate funding mechanism from the options described in the Specific Plan as desired.
Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 95 -
09/23/2024 City Council Agenda 417
■ Projects with square footages over 400,000 square feet, or those that are three or more stories tall, or higher than 45 tall will participate in a fair -share funding agreement for an aerial ladder truck.
The funding amounts are to be determined by the City and respective Applicant.
Pacific Oaks Commerce Center
This project is protected by the Yucaipa Fire Department / CalFire. Prior to any construction occurring on any parcel, the applicant shall contact the Fire Marshall for verification of current fire protection development requirements. All new construction shall comply with the adopted Uniform Fire Code and all applicable statutes, codes, ordinances, standards and policies of the Yucaipa Fire Department/CalFire.
This project is in Fire Safety Review Area 2. This is a high fire hazard brush area. This project shall comply with the construction and development standards for a FR-2 Area. Contact the City Building & Safety Division for FR-2 Area construction and development standards. ■ Fire Department access roads and/or public/private streets shall meet the Fire Department minimum width standard of 24 feet. Within FR-1 zone minimum width shall be 26 feet. Access roads shall be paved (asphalt/concrete) and in place prior to placement of combustible material on site. Fire Department minimum paving thickness shall be no less than 4 inches. This standard shall not lessen other agency requirements.
■ Fire Department access roads and/or public/private streets and residential driveways shall have a minimum vertical clearance of 13 feet and 6 inches.
■ Fire Department access roadways and/or public/private streets and driveways shall not exceed 12 percent grade (please note: Engineering Division requirements may be more restrictive). ■ Cul-de-sacs shall not exceed 600 feet in total length, unless otherwise approved by the Fire Department.
■ Required fire flow for this project, as determined by I.S.O. Formula, is as follows: GPM = 8,000, at 20 psi residual; for 4 hour duration A reduction in the required fire flow rate may be allowed per the exceptions specified in the California Fire Code. System shall be looped with minimum 8 inch mains; 6 inch laterals; 6 inch risers; 6 inch diameter hydrants with one 2 '/z" outlet and one 4" outlet.
Approved fire hydrants capable of supplying required fire flow shall be provided to all premises upon which facilities, buildings or portions of buildings are constructed or moved within the jurisdiction. When any portion of the facility or building protected is in excess of 400 feet from a fire hydrant on a public street, as measured by an approved route around the exterior of the facility or building, additional fire hydrants meeting the required fire flow shall be provided.
Fire hydrants shall be installed at locations to be determined by the California Fire Code (2022) Appendix "C". Required fire flow to be determined by the California Fire Code (2022) Appendix "B". Minimum fire flow shall not be less than 8,000 gpm (exceptions not applied).
Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 96 -
09/23/2024 City Council Agenda 418
A greenbelt or fuel modification zone plan shall be required and bonded for this project. Fuel modification plan requirements shall be site specific to this project. The applicant shall submit a fuel modification plan to the Fire Department for review and comments or approval. Maintenance provisions of the fuel modification zone shall be approved by the Fire Department. Maintenance of the fuel modification zone, located in designated open space, and enforcement of the fuel modification zone, within the property of individual property owners, shall be the responsibility of a homeowners' association or other approved maintenance authority that is acceptable to the Fire Department.
■ Three sets of water delivery system plans, designed to meet the required fire flow for this project and/or development shall be submitted to the Fire Department for approval. ■ Applicant -developer shall provide the Fire Department with a letter from the water company serving the project -development, verifying that financial arrangements have been made and bonds posted for the required Fire Department approved water improvements. ■ Prior to any construction, the entire fuel modification zone required and approved by the Fire Department shall be completed. Any phased implementation of the fuel modification zone shall be done only with prior approval of the Fire Department. ■ A fuel break of 100 feet (brush and weed clearance) is required prior to construction. The clearance shall be maintained on a year-round basis.
■ An additional fuel modification zone of 100 feet shall be provided on all side(s) of the proposed structure(s). Fuels in this zone are to be thinned and/or removed or otherwise modified to provide a reasonable level of fire defense protection to the proposed structure(s). ■ Fire hydrants shall be installed and operational as per approved water system delivery plans prior to any framing, construction, or delivery of combustible materials to project site. ■ An alternative type of construction providing a higher level of fire resistance is required. Contact the Fire Department or City Building Official for more information. ■ Fire Department access roadways and/or public/private streets exceeding 150 feet in length shall have a Fire Department approved turn -around at the terminus (cul-de-sac). Minimum radius shall be not less than 48 feet.
■ Fire Department access roadways and/or public/private streets and driveways shall extend to within one hundred fifty (150) feet of and shall give reasonable access to all portions of the exterior walls of the first story of any building. An access road, approved by the Fire Department, shall be provided to within fifty (50) feet of all structures when the natural grade between access road and structure is in excess of 30 percent. Where an approved access road cannot be provided, a fire protection system shall be required and approved by the Fire Department.
Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 97 -
09/23/2024 City Council Agenda 419
The development and/or project, and each phase thereof, shall have a minimum of two (2) remote points of access, including a secondary access, for fire and other emergency equipment and for routes of escape which will safely handle evacuations.
Manual operated gates across Fire Department access roadways, public and/or private streets and driveways, shall be equipped with approved emergency key -operated ("Knox" type) locks. For automatic gates, a "Knox" keyed emergency access switch shall be installed at location determined by Fire Department, and shall over -ride all command functions and open gate automatically upon activation. All automatic gates shall have a manual over -ride for use during loss of electric power. "Knox box" request forms are available from the Fire Department. ■ "No Parking - Fire Lane" signs shall be posted at locations designated by Fire Marshall. Fire lane curbs shall be painted red with white letters stating "No Parking — Fire Lane". ■ On site fire hydrants capable of supplying required fire flow shall be installed at locations identified by the Fire Marshall. System shall be looped with minimum 8 inch mains; 6 inch laterals; 6 inch risers; 6 inch diameter hydrants with one 2'/2" outlet and one 4" outlet. ■ Approved fire hydrant pavement markers shall be installed. ■ Automatic fire sprinklers shall be installed according to NFPA 13 and Fire Department requirements. Submit 3 sets of shop plans with material cut sheets and hydraulic calculations, indicating the type of occupancy, type of materials to be stored (if any), for Fire Department review and approval prior to any installation. Submit copy of California C-16 license. ■ Automatic fire sprinkler control devices (P.LV. & O.S.&Y.) shall be visible from Fire Department access roadway, and identify system being controlled and address of structure. Fire Department Connection (FDC) shall be located no closer than 50 feet and not to exceed 150 feet from structure. Required fire hydrant shall have a maximum distance from FDC of 30 feet. FDC shall identify address and system of structure being protected. ■ A minimum of one 2A-10BC fire extinguisher shall be installed for each 3,000 sq. ft. of floor area.
Travel distance to any one fire extinguisher shall not exceed 75 feet. Additional fire extinguishers, size and class to be determined by Fire Department, may be required. Fire extinguishers shall be serviced annually and shall have a current sfm service tag attached.
An automatic fire detection and alarm system meeting the requirements of UFC Article 10, CBC and NFPA 72 shall be installed. Three sets of shop plans with material cut sheets and calculations shall be submitted to the Fire Department for review and approval prior to installation. ■ Dependent on occupancy type and load, an automatic smoke removal system shall be installed.
The system shall comply with the UFC and CBC requirements. Three sets of shop plans with material cut sheets and calculations shall be submitted to the Fire Department for review and approval prior to installation.
Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 98 -
09/23/2024 City Council Agenda 420
■ Dependent on occupancy type and load, an automatic smoke ventilation system shall be installed.
Roof vent, venting ratios and draft curtains shall be provided. Three (3) sets of shop plans with material cut sheets and calculations shall be submitted to the Fire Department for review and approval prior to installation.
■ High Fire Hazard Areas FR-1 & FR-2: one -hour fire resistive construction is required for exterior walls. Contact Fire Marshall or City Building Official for more information. ■ The main electrical panel and all sub -panels shall be labeled on inside cover for all circuits. ■ Water heater (fuel fired) shall be properly vented to exterior of structure. Water heater shall be seismic strapped to wall and be located 18" above a garage floor. ■ Commercial and industrial structures/occupancies and gated complexes shall have a "knox box" system installed on the exterior of the buildings or complex. Location of device to be determined by the Fire Department. The box shall contain keys necessary to gain access and may contain pre - plans and msds information as required by the Fire Department. ■ Commercial exit requirements:
A. Required exit doors shall be maintained in an operable condition at all times.
B. Required exit doors shall swing outward and away in the direction of exit travel.
C. Obstructions shall not be placed in the required width of an exit. Exits shall not be blocked or locked shut or obstructed in any manner during business hours.
D. Exit paths shall be illuminated when structure is occupied.
E. Exit path illumination shall be supplied from 2 sources of power when occupant load is one 100 persons or more.
F. When exit way/exit pathway and/or exit doorway is not easily identified, additional exit signs shall be installed.
G. Exit signs shall be internally or externally illuminated by two lamps or shall be of the self - luminous type.
All flammable and combustible liquid storage and dispensing shall be in accordance with applicable sections of the UFC Article 79 and City codes and ordinances. Plan review and annual permit to operate from the Fire Department is required.
■ Address numbers shall be provided along the roofs of the warehouse structures to aid aerial police and fire support personnel the ability to locate each site. ■ Commercial and industrial buildings in excess of 20,000 square feet and with an interior area more than 150 feet from exterior exit, shall be equipped with a Class I standpipe system or as needed to meet California Fire Code Section 905. Standpipe connections shall be configured to reach any Freeway Corridor Specific Plan Project
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portion of interior space within 150 feet in any direction of travel. This system shall be calculated to provide 500 gpm from an adjacent automatic fire sprinkler riser at 100 psi nozzle pressure for two hand lines flowing.
■ To ensure that the construction of the proposed structures does not impact the Yucaipa Fire Department's Insurance Services Office (ISO) rating, applicant shall pay to the City approximately half of the cost of a ladder truck fire apparatus (with associated equipment) in the amount of $490,000 to be used by the City to assist with the purchase of the ladder truck.
Impact 5.20-1: The Proposed Project would not substantially impair an adopted emergency response plan or emergency evacuation plan. [Threshold W-1] Emergency Response and Evacuation Plans
FCSP Buildout
Primary access to and from the plan area would occur via multiple access points such as Live Oak Canyon Road and Outer Highway 10 South in the northwestern portion of the plan area; and Live Oak Canyon Road, I-10, and new roadways in the southern portion of the plan area. During later phases of project development, site access would also be available via the I-10 interchange at Wildwood Canyon Road.
The Proposed Project would include the features to ensure adequate fire access and evacuation in the plan area roadways, such as ensuring all roads comply with access road standards of not less than 20 feet of unobstructed width, interior roads will be constructed to minimum 20-foot unobstructed widths, gradient of fire apparatus access roads shall not exceed the maximum 12 percent, private and public streets for each phase shall meet all plan -area -approved fire code requirements, vertical clearance of vegetation will be maintained at 13 feet 6 inches, cul-de-sacs and fire apparatus turnarounds shall meet Yucaipa Fire Department standards, traffic lights shall have traffic pre-emption devices compatible with devices on the fire apparatus, roadways/driveways will provide fire department access within 150 feet of all portions of the exterior walls, ensure that roadway design features do not interfere with emergency apparatus response speeds, and access roads shall be usable by fire apparatus.
The Proposed Project would increase the residential units and total residents by 25 dwelling units and 69 residents, respectively, compared to the Approved Project. Additionally, the Proposed Project would decrease the number of jobs by 317 jobs compared to the Approved Project; the proposed employment centers would include more logistics and warehousing than the Approved Project, which would reduce the number of visitors to the plan area due to less retail and commercial uses. This change to the number of residents and jobs would reduce daily weekday trips under the Proposed Project by 81,073 trips when compared to the Approved Project, as discussed in Chapter 5.17, Transportation, of this Draft SEIR. Therefore, if the entire plan area were to evacuate at the same time, the number of vehicles needing to evacuate would be reduced under the Proposed Project.
Effective emergency response depends on the Fire Department response times throughout the plan area. Yucaipa Fire Station 3 would provide initial response to the plan area with an average response Freeway Corridor Specific Plan Project
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time of 8 minutes and 36 seconds. Although this response time is beyond the five-minute response standard, given the Proposed Project's fire safety features and the flexibility allowed by the response time 90 percent achievement rate, the response time is considered to substantially conform with the Fire Department's internal standards, subject to Fire Department review. Therefore, the Proposed Project would not impair the Emergency Operations Plan more substantially than the Approved Project.
The Proposed Project would include Conditions of Approval, such as ignition -resistant landscaping and code -compliant access roads, which would ensure adequate fire safety and emergency access. The Proposed Project would be required to comply with state and local regulations and requirements to ensure adequate road widths and clearances for emergency vehicles and access. As such, impacts would be less than significant.
Emergency response and evacuation could be hindered by construction activities. However, all construction staging would be within the plan area and would not block access to and from the plan area. The construction would be phased over 15 to 20 years and would have similar construction activities to that of the Approved Project. Therefore, the Proposed Project would not impede emergency access to or evacuation from the surrounding community compared to the Approved Project.
As such, the Proposed Project would not result in new impacts or a substantial increase in magnitude of impacts to adopted emergency response and evacuation plans compared to the Approved Project.
Impacts would be less than significant.
Pacific Oaks Commerce Center
The Pacific Oaks Commerce Center is within the proposed FCSP, and development of the Pacific Oaks Commerce Center project would result in 317 fewer jobs compared to the Approved Project.
Therefore, fewer vehicles would need to evacuate at the same time under the Proposed Project, and impacts associated with the Pacific Oaks Commerce Center would be slightly less than those identified for the Approved Project. The Pacific Oaks Commerce Center would include at least two points of ingress/egress from "new street," and "new street" would not be a single access road. The Pacific Oaks Commerce Center would be required to comply with the fire safety and construction features of the proposed FCSP and therefore would not hinder emergency response or result in inadequate evacuation due to construction activities. Therefore, the Pacific Oaks Commerce Center would not result in new or substantially more severe significant impacts in this regard than what was analyzed in the 2008 Certified EIR.
Finding. Compliance with existing PPPs would minimize adverse impacts from wildfires to less than significant levels. The Proposed Project would have a less than significant direct, indirect, and cumulative impact to emergency access and evacuation plans. Accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.
Freeway Corridor Specific Plan Project
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Impact 5.20-2: The Proposed Project would not, due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire. [Threshold W-21
Exposure to Pollutants from Wildfire or Uncontrolled Wildfire Spread FCSP Buildout
The plan area varies from flat to steeply sloped, experiences Santa Ana wind events, and has other factors such as highly flammable grass- and herb -dominated fuels. Under current conditions, wildfires and associated smoke could potentially travel to the plan area and expose existing residents and employment centers in the project area to the uncontrolled spread of wildfire or pollutant concentrations due to slope, prevailing winds, and highly flammable fuels. However, the Proposed Project would not exacerbate these impacts compared to the Approved Project.
As with the Approved Project, the Proposed Project would include similar vegetation management, water, street design, and fuel break features throughout the plan area. Additionally, the California Building Code (CBC), California Fire Code (CFC), and Fire Safe Regulations have been updated since the certification of the 2008 EIR, and therefore the Proposed Project would be required to go beyond the requirements of the Approved Project for vegetation and fuel management in the plan area to reduce wildfire impacts. Furthermore, the Proposed Project would go beyond the code requirements to include an FMZ with an added noncombustible zone, advanced protection measures where 100- foot FMZ is not possible, FMZ inspections, and a Homeowners Association education and outreach program.
Both the Approved Project and the Proposed Project would require grading to change the slopes in the area and place development on relatively flat surfaces, according to the City of Yucaipa Grading Manual. However, this would not change the prevailing winds in the plan area. Grading would be limited to areas designated for buildings, resurfacing, and landscaping. Similar to the Approved Project, development of the Proposed Project would place buildings at the top of slopes, which could exacerbate wildfire risks. However, development of residential, commercial, and industrial structures as part of the Proposed Project would be subject to Chapter 7A of the CBC, which requires ignition - resistant materials and design that would make the structures less prone to exacerbate wildfire risks than the existing structures in the plan area, which were built prior to the stricter building codes for development in Very High Fire Hazard Severity Zones. As such, the Proposed Project would not result in new impacts or a substantial increase in magnitude of impacts compared to the Approved Project.
Impacts would be less than significant.
Pacific Oaks Commerce Center
The Pacific Oaks Commerce Center is within the proposed FCSP, and development of the Pacific Oaks Commerce Center project would be required to comply with the vegetation management, water, street design, and fuel break design features of the proposed FCSP. Additionally, the Pacific Oaks Commerce Center would be required to comply with the most recent versions of the CBC, CFC, Fire Safe Regulations, Yucaipa Municipal Code, and proposed FCSP development standards, which would Freeway Corridor Specific Plan Project
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minimize the potential for ignition and spread of wildfire on the project site. Therefore, the Pacific Oaks Commerce Center would not result in new or substantially more severe significant impacts in this regard than were analyzed in the 2008 Certified EIR.
Finding. Compliance with existing PPPs would minimize adverse impacts from wildfires. to less than significant levels. The Proposed Project would have a less than significant direct, indirect, and cumulative impact to exposure of pollutants from, or spread of, a wildfire. Accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.
Impact 5.20-3: The Proposed Project would not require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment. [Threshold W 3] Installation or Maintenance of Infrastructure
FCSP Buildout
Buildout under the Approved Project and Proposed Project would require the installation of new roadways, fuel breaks, emergency water sources, power lines, and other utilities to serve development in the plan area.
■ Roadways. New roadways would connect the various FCSP` uses to the City roadway network.
Both the Approved Project and Proposed Project would create new roadways in Very High Fire Hazard Severity Zone areas to accommodate the new development, along with evacuation and multimodal forms of transportation.
Fuel Breaks. Both the Approved Project and Proposed Project include fuel breaks which would occur in the open space areas of the plan area, along roadways, and within 100 feet of a structure.
The Proposed Project would go beyond what is required in the Fire Safe Regulations and CFC to maintain 100 feet of FMZ where possible in the plan area, including a 5-foot-wide noncombustible Zone A, 45-foot-wide irrigated Zone B, and a 50-foot-wide thinning Zone C. Where a 100-foot FMZ is not possible, the Proposed Project would include dual -pane windows, ember resistant vents, and a 6-foot heat deflecting wall in development.
Emergency Water Sources. Both the Approved Project and Proposed Project would include the installation of fire hydrants and emergency water supplies for construction and operation of the FCSP. This would require the installation of new water conveyance infrastructure in the plan area, which is not currently served by water supplies.
Power Lines. The Approved Project did not include provisions for undergrounding power lines.
However, the Proposed Project would underground power lines throughout the plan area for fire safety purposes, in compliance with Development Code requirements.
Freeway Corridor Specific Plan Project
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■ Other Utilities. Development under both the Approved Project and Proposed Project would require the installation and maintenance of water systems, septic or sewer systems, internet infrastructure, and stormwater systems throughout the plan area.
These types of improvements would involve temporary construction and result in changes to existing conditions under both the Approved Project and Proposed Project. The installation of roadways, power lines, and other utilities could increase the risk of wildfire. However, the power lines and other utilities would be installed underground and therefore minimize the risk of wildfire under the Proposed Project compared to the Approved Project. Additionally, the implementation of fuel breaks and stricter FMZs would ensure that accidents and sparks from roadways under the Proposed Project would decrease fire risks compared to the Approved Project.
Furthermore, compliance with the most recent CBC, CFC, Fire Safe Regulations, and Yucaipa Municipal Code, would ensure construction and operation of the Proposed Project would minimize the ignition and spread of wildfires due to infrastructure. These State and local regulations are stricter than those evaluated under the Certified 2008 EIR. The Proposed Project would not require the installation or maintenance of associated infrastructure that would result in new or substantially more severe fire risk when compared to the 2008 Certified EIR. Impacts would be less than significant.
Pacific Oaks Commerce Center
The Pacific Oaks Commerce Center is within the proposed FCSP, and development of the Pacific Oaks Commerce Center project would include the installation of similar roadways, fuel breaks, emergency water sources, power lines, and other utilities as the proposed FCSP. The Pacific Oaks Commerce Center would be required to comply with the most recent versions of the CBC, CFC, Fire Safe Regulations, Yucaipa Municipal Code, and proposed FCSP development standards, which would minimize the potential to exacerbate fire risks and would not result in temporary or ongoing impacts to the environment. Therefore, the Pacific Oaks Commerce Center would not result in new or substantially more severe significant impacts in this regard than were analyzed in the 2008 Certified EIR.
Finding. Compliance with existing PPPs would minimize adverse impacts from wildfires to less than significant levels. The Proposed Project would have a less than significant direct, indirect, and cumulative impact to installation or maintenance of infrastructure that may exacerbate fire risks.
Accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.
Freeway Corridor Specific Plan Project
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09/23/2024 City Council Agenda 426
Impact 5.20-4: The Proposed Project would not expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post -fire slope instability, or drainage changes. [Threshold W 4] Post -Fire Exposure to Flooding or Landslides
FCSP Buildout
The plan area contains a 100-year and 500-year floodplain along Yucaipa Creek and Oak Glen Creek in the northern portion of the project site, the southern portion of the plan area is highly susceptible to landslides, and the northern portion of the plan area is moderately susceptible to landslides. The high landslide susceptibility areas coincide with lands designated as Very High Fire Hazard Severity Zones.
Both the Approved Project and the Proposed Project would include commercial and residential development within the floodplain; however, the Proposed Project would include more open space lands within the floodplain. The plan area is not in the inundation zone of any dams, and no surface water bodies pose a flood hazard to the plan area due to a seiche. Similar to the Approved Project, the Proposed Project would be required to meet federal floodplain regulations, County and local approval agency regulations on floodplain and floodway management, and Developmental Standards that ensure floodplain regulations are taken to provide safety, promote public health, and minimize public and private economic losses in flood prone areas. Similarly, both the Approved Project and Proposed Project would include development in areas of high landslide susceptibility.
The Proposed Project would be required to comply with the most recent version of the CBC and Yucaipa Municipal Code, including development standards required by the Floodplain Safety Overlay District and the Geologic Hazard Overlay District. These regulations would ensure fire-, floodplain-, and landslide -resilient construction, and therefore would reduce the potential for post -wildfire flooding or landslides downstream or downslope compared to the Approved Project. Additionally, compliance with the City of Yucaipa's grading manual would minimize landslide hazards. Management of stormwater and erosion controls during construction and operation of the Proposed Project would prevent downslope or downstream flooding or landslides as a result of runoff, post -fire slope instability, or drainage changes compared to the Approved Project.
The Proposed Project would not result in new impacts or a substantial increase in magnitude of impacts when compared to the 2008 Certified EIR. Impacts would be less than significant.
Pacific Oaks Commerce Center
The Pacific Oaks Commerce Center project site is not within a 100-year of 500-year floodplain, however, the project site is highly susceptible to landslides. The Pacific Oaks Commerce Center would be required to comply with the most recent versions of the CBC, Yucaipa Municipal Code, and proposed FCSP development standards, which would minimize the potential of post -fire slope instability causing downslope or downstream flooding or landslides. Compliance with applicable floodplain regulations would minimize flood hazards associated with the Pacific Oaks Commerce Center, and compliance with the City of Yucaipa's grading manual would minimize landslide hazards.
Freeway Corridor Specific Plan Project
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Therefore, the Pacific Oaks Commerce Center would not result in new or substantially more severe significant impacts in this regard than were analyzed in the 2008 Certified EIR.
Finding. Compliance with existing PPPs would minimize adverse impacts from wildfires to less than significant levels. The Proposed Project would have a less than significant direct, indirect, and cumulative impact to post -fire exposure to flooding or landslides. Accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds.
C. FINDINGS ON SIGNIFICANT ENVIRONMENTAL IMPACTS THAT CAN BE
REDUCED TO A LESS THAN SIGNIFICANT LEVEL
The following summary describes impacts of the Proposed Project that, without mitigation, would result in significant adverse impacts. Upon implementation of the mitigation measures provided in the EIR, these impacts would be considered less than significant.
1. Aesthetics
Impact 5.1.4: Implementation of the FCSP could expose people on- or off -site to substantial light and glare which would adversely affect day or nighttime views in the area. [Threshold AE-4]
Light and Glare
Support for this environmental impact conclusion is fully discussed in Section 5.1, Aestbetics, and in particular, starting on page 5.1-11 of the SEIR.
FCSP Buildout
Sources of light in the plan area are currently limited given the predominantly undeveloped nature of the area. As with the Approved Project, the Proposed Project would include Residential, Regional Commercial, Business Park, Public Facilities, and Open Space uses, plus Agro-Commercial Tourism uses. Light sources would predominantly be from vehicle lights, exterior lights, landscaping lights, and security lights. Chapter 5, Design Guidelines, of the FCSP, includes sign regulations and outdoor lighting provisions that would reduce light impacts, such as directing and shielding light sources.
Pursuant to the Specific Plan, outdoor light fixtures that provide nighttime safety and security are required to conserve energy, protect the night sky, and minimize glare and light trespass within and beyond the project site. Additionally, before issuing any sign permits, the FCSP Update requires preparation of a Master Sign Program for nonresidential uses for review and approval by the Community Development Director, which would also have the potential to minimize light and glare impacts.
In comparison to the Approved Project, the light sources of the Proposed Project would be similar.
The 2008 Certified EIR included Mitigation Measures AES-1 and AES-2, which require the review of lighting and signage plans and discourage the use of highly reflective materials and would be Freeway Corridor Specific Plan Project
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implemented under the Proposed Project. Therefore, impacts would be potentially significant without implementation of Mitigation Measure AES-1 and AES-2.
Pacific Oaks Commerce Center
Development of the Pacific Oaks Commerce Center would result in business park uses that would include various light sources (exterior lights, security lights, vehicular lights). Proposed buildings would include glazing, windows, and signs. The Pacific Oaks Commerce Center project would be required to comply with the lighting standards of the FCSP, including sign regulations and the nonresidential design guidelines for site planning and outdoor lighting. The Pacific Oaks Commerce Center project would be required to implement Mitigation Measures AES-1 and AES-2, which require the review of lighting and signage plans and discourage the use of highly reflective materials. Therefore, impacts would be potentially significant without implementation of Mitigation Measure AES-1 and AES-2.
Mitigation Measure:
Specific Plan
The following mitigation measure(s) was included in the SEIR and the Final SEIR, and is applicable to the Proposed Project. The measure(s) as provided include any revisions incorporated in the Final SEIR.
AES-1 Prior to issuance of grading permits, lighting plans and signage plans for new development shall be reviewed by the Community Development Department to ensure that minimal light intrusion and spill over into adjacent residential areas occurs.
AES-2 Prior to issuance of grading permits, and during the Specific Plan review process for future development in the Specific Plan site, the Director of Community Development shall ensure that mirrored and highly reflective surfaces are discouraged or, where proposed, shall be accompanied by a design -level glare impact analysis that demonstrates no adverse visual impairment to motorists or other visual nuisance occurs.
Pacific Oaks Commerce Center Project
Implementation of Mitigation Measure AES-1. and AES-2.
Finding:
Changes or alterations have been required in, or incorporated into, the Proposed Project that avoid or substantially lessen the significant environmental effect as identified in the SEIR. These changes are identified in the form of the mitigation measure(s) above. The City of Yucaipa hereby finds that implementation of the mitigation measure(s) is feasible, and the measure(s) is therefore adopted.
Rationale for Finding
Light and glare sources are currently limited because of the predominantly undeveloped nature of the plan area. The design guidelines in Chapter 5 of the FCSP include provisions for outdoor lighting and signs, and Mitigation Measures AES-1 and AES-2 require the review of lighting and signage plans and Freeway Corridor Specific Plan Project
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discourage the use of highly reflective materials. Implementation of the FCSP design guidelines and Mitigation Measures AES-1 and AES-2 would reduce impacts to less than significant.
2. Air Quality
Impact 5.3-5: Operation of the Proposed Project would expose sensitive receptors to substantial pollutant concentrations of criteria air pollutants and toxic air contaminants. [Threshold AQ-3]
Construction -Phase LSTs and TACs
Support for this environmental impact conclusion is fully discussed in Section 5.3, AirQuality, and in particular, starting on page 5.3-49 of the SEIR.
FCSP Buildout
Operational Phase LSTs
Land uses that have the potential to generate substantial stationary sources of emissions or would require a permit from South Coast AQMD include industrial land uses, such as chemical processing, and warehousing operations, where substantial truck idling could occur on -site. On -site emissions include truck maneuvering and idling, Transport Refrigerant Units (TRUs), and diesel -powered forklifts and yard trucks.
As shown in Table 5.3-13, FCSP Maximum Daily Regional Operation Emissions, of the Draft SEIR, compared to the Approved Project, the Proposed Project would result in a net decrease in long-term emissions for all criteria air pollutants—VOCs, NOx, CO, S02, PMio, and PM2.5. However, because the Proposed Project would introduce warehousing under the FCSP, it could result in exposing nearby sensitive receptors to substantial pollutant concentrations of criteria air pollutants.
Based on the screening -level LST analysis prepared for the Pacific Oaks Commerce Center warehouses (see Table 5.3-20, Pacific Oaks Commerce Centerl ocali�Zed On -Site Operational Emissions, of the Draft SEIR), operation of a warehouse could potentially exceed the screening -level LST for PM2s. Therefore, localized impacts from the warehousing uses would be potentially significant.
Operational Phase Toxic Air Contaminants
Land uses that generate more than 100 truck trips per day have the potential to substantially increase TAC concentrations and health risks at off -site sensitive land uses within 1,000 feet of the facility.
Operation of the warehousing uses could generate DPM emissions from diesel truck activity, TRUs, and diesel -fueled off -road equipment in proximity to the nearby off -site sensitive receptors outside of the FCSP. For the operational Health Risk Assessment (HRA), all forklifts and yard trucks were assumed to be diesel fueled, however, industrial warehousing projects typically utilize nondiesel-fueled forklifts. Therefore, the operational HRA presents a very conservative estimate of potential health risks to the surrounding community. As shown in Table 5.3-19, Proposed Project Operational Health Risk Assessment Results, of the Draft SEIR, carcinogenic risks of 156.5 in a million would substantially exceed the adjusted cumulative significance threshold value of 5 in a million for the MEIR. in the vicinity of Freeway Corridor Specific Plan Project
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the plan area without mitigation. Because the Proposed Project would exceed the cancer risk significance threshold, operation -related health risk impacts would be potentially significant. The Proposed Project would substantially increase the amount of land designated as BP compared to the Approved Project. In addition, health risk associated with DPM was not identified as a potentially significant impact in the Certified EIR. Therefore, the Proposed Project would result in new significant impacts or a substantial increase in significant impacts compared to the Approved Project.
Carbon Monoxide Hotspots
Areas of vehicle congestion have the potential to create pockets of Carbon Monoxide (CO) called hotspots. These pockets have the potential to exceed the State one -hour standard of 20 parts per million (ppm) or the eight -hour standard of 9.0 ppm. Hot spots are typically produced at intersections, where traffic congestion is highest because vehicles queue for longer periods and are subject to reduced speeds. The SoCAB has been designated in attainment of both the National and California Ambient Air Quality Standards (AAQS) for CO. Under existing and future vehicle emission rates, a project would have to increase traffic volumes at a single intersection to more than 44,000 vehicles per hour — or 24,000 vehicles per hour where vertical and/or horizontal mixing is substantially limited —to generate a significant CO impact. Overall, the Proposed Project could generate up to 4,973 peak hour trips (PM peak hour). Per the traffic analysis prepared for the Proposed Project, development of the Proposed Project under buildout year conditions with and without the Wildwood Canyon Road Interchange would not result in peak hour volumes at intersections in the traffic study area that would produce the volume of traffic required (i.e., 24,000 to 44,000 peak hour vehicle trips) to generate a CO hotspot.
Additionally, compared to the Approved Project, the Proposed Project would result in a net reduction of 3,004 AM peak hour trips and 6,113 PM peak hour trips. Therefore, the Proposed Project would not result in new impacts or a substantial increase in severity of impacts compared to the Approved Project. Impacts would be less than significant.
Pacific Oaks Commerce Center
Operational Phase LSTs
The Pacific Oaks Commerce Center warehousing project would be the type of land use that has the potential to generate substantial on -site criteria air pollutant emissions. On -site emissions include truck maneuvering and idling, TRUs, and diesel -powered forklifts and yard trucks. Table 5.3-20, Pacdfic• Oaks Commerce Center Locali.Zed On -Site Operational Emissions, of the Draft SEIR, shows localized maximum daily operational emissions. As shown in the table, on -site project -related operational emissions for Building 2 would not exceed the screening -level LSTs. However, Building 1 operations would generate on -site emissions that exceed the PM2.5 screening -level LSTs. Therefore, localized criteria air pollutant emissions impacts from project -related operations would be potentially significant, and the Pacific Oaks Commerce Center project could result in a new impact compared to the Approved Project.
Operational Phase Toxic Air Contaminants
An operational HRA was prepared for the Pacific Oaks Commerce Center project. Operation of the Pacific Oaks Commerce Center project would generate DPM emissions from diesel truck activity, Freeway Corridor Specific Plan Project
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TRUs, and diesel -fueled off -road equipment in proximity to the same sensitive receptors evaluated in the construction HRA. For the operational HRA, all forklifts and yard trucks were assumed to be diesel fueled, however, industrial warehousing projects typically utilize non -diesel -fueled forklifts. Therefore, the operational HRA presents a very conservative estimate of potential health risks to the surrounding community. Table 5.3-21, Pacific Oaks Commerce Center Operational Health Risk Assessment Results, of the Draft SEIR, without mitigation, the cancer risk of 131.4 in a million would substantially exceed the adjusted cumulative significance threshold value of 5 in a million for the MEIR in vicinity of the project site. Because cancer risk would exceed the cancer risk significance threshold, operation -related health risk impacts from operation of the Pacific Oaks Commerce Center project would be potentially significant. Therefore, the Pacific Oaks Commerce Center project would result in new significant impacts or a substantial increase in significant impacts compared to the Approved Project.
Combined Construction Phase and Operational Phase Toxic Air Contaminants Sensitive receptors proximate to the project site would be exposed to elevated levels of air pollutants during construction activities and subsequent operational activities. The combined health risks from project -related construction and operational activities for the maximum exposed receptors can be determined in several ways. The most conservative calculation for combining health risks is to sum the highest predicted construction and operational health risks for each receptor type. The sum of the health risks for the MEIR are shown in Table 5.3-22, Pacific Oaks Commerce Center Operation Plus Construction Health Risk Results, of the Draft SEIR; the total chronic hazard index would be less than one, and noncarcinogenic risk impacts would be less than significant. However, total cancer risks from project -related construction and operational activities would be 140.8 in a million without mitigation, which would substantially exceed the adjusted cumulative threshold value of 5 per million. Thus, the Pacific Oaks Commerce Center project would pose a significant health risk impact to nearby sensitive receptors from construction and subsequent operational activities. Therefore, the Pacific Oaks Commerce Center would result in new impacts or a substantial increase in severity of impacts compared to the Approved Project.
Carbon Monoxide Hotspots
CO hotspots of the Pacific Oaks Commerce Center project are the same as the Proposed Project.
Therefore, the Pacific Oaks Commerce Center project would not result in new impacts or a substantial increase in magnitude of impacts compared to the Approved Project.
Mitigation Measure:
The following mitigation measure(s) was included in the SEIR and the Final SEIR, and is applicable to the Proposed Project. The measure(s) as provided include any revisions incorporated in the Final SEIR.
Specific Plan
AQ-2 All appliances installed as part of future development projects shall be energy efficient appliances (i.e., washers/dryers, refrigerators, stoves, etc.).
AQ-3 Future residential development projects on the Specific Plan site shall utilize electric fireplaces in lieu of traditional fireplaces and wood burning stoves.
Freeway Corridor Specific Plan Project
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AQ-4 Future development projects on the Specific Plan site shall install Energy Star labeled roof materials.
AQ-5 Future residential development projects on the Specific Plan site shall install energy - reducing ceiling/whole-house fans.
AQ-7 The City of Yucaipa shall require that project developer/facility owners for new development projects that would use off -road equipment (e.g., forklifts and yard trucks) in daily business operations shall only utilize zero -emissions off -road equipment. The project developer/facility owner shall disclose this requirement to all tenants/business entities prior to the signing of any lease agreement. In addition, the limitation to use only electric -powered off -road equipment shall be included in all leasing agreements.
Prior to issuance of a Business License for a new tenant/business entity, the project developer/facility owner and tenant/business entity shall provide a signed document (verification document) to the City of Yucaipa Planning Division and Business License Division noting that the project development/facility owner has disclosed to the tenant/business entity the requirement to use only electric -powered equipment for daily operations. This verification document shall be signed by authorized agents for the project developer/facility owner and tenant/business entities and retained and posted by the Business License by the facility owner onsite. In addition, if applicable, the tenant/business entity shall provide documentation (e.g., purchase or rental agreement) to the City of Yucaipa Planning Division and Business License Division to verify, to the City's satisfaction, that any off -road equipment utilized will be electric powered.
AQ-8 Only electric standby and/or hybrid electric transport refrigeration units (E/S TRUs) shall be utilized on -site for daily warehouse and business operations. All E/S TRUs shall comply with the California Air Resources Board's "Alternative Technology" requirements under Section 2477(e)(1)(A)(3) of the California Code of Regulations, Title 13, Article 8, Chapter 9, Division 3. The project developer/facility owner shall disclose this requirement to all tenants/business entities prior to the signing of any lease agreement. In addition, the limitation to use only E/S TRUs shall be included in all leasing agreements.
Prior to issuance of a Business License for a new tenant/business entity, the project developer/facility owner and tenant/business entity shall provide a signed document (verification document) to the City of Yucaipa Planning Division and Business License Division noting that the project development/facility owner has disclosed to the tenant/business entity the requirement to use only E/S TRUs for daily operations. This verification document shall be signed by authorized agents for the project developer/facility owner and tenant/business entities. In addition, if applicable, the tenant/business entity shall provide documentation (e.g., purchase or rental agreement) to the City of Yucaipa Planning Division and Business License Division to verify, to the City's satisfaction, that any TRUs utilized will be E/S TRUs.
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AQ-9 All truck/dock bays that serve cold storage facilities within the proposed buildings shall be electrified to facilitate plug-in capability and support use of electric standby and/or hybrid electric transport refrigeration units. All site and architectural plans submitted to the City of Yucaipa Planning Division shall note all the truck/dock bays designated for electrification. Prior to the issuance of a Certificate of Occupancy, the City of Yucaipa Building & Safety Division shall verify electrification of the designated truck/dock bays.
AQ-10 To reduce idling emissions from transport trucks, signage shall be placed at truck access gates, loading docks, and truck parking areas that identify applicable California Air Resources Board (CARB) anti -idling regulations (e.g., Rule 2485) and directional information to the nearest freeway on -ramps. At minimum, each sign shall include: 1) instructions for truck drivers to shut off engines when not in use; 2) instructions for drivers of diesel trucks to restrict nonessential idling to no more than two consecutive minutes (compared to five minutes currently allowed under Rule 2485); and 3) telephone numbers of the building facilities manager and CARB to report violations. Directional text on the sign shall read "To Truck Route" with a directional arrow. All signage shall be made of weatherproof materials. Truck check -in points shall be inside the project site to ensure no trucks are queuing on local roadways. All site and architectural plans submitted to the City of Yucaipa Planning Division shall note the locations of these signs. Prior to issuance of the Certificate of Occupancy, the City of Yucaipa Building & Safety Division shall verify the installation of these signs.
In addition, the building owner shall implement the following measures:
■ Occupants/tenants shall be provided documentation on the United States Environmental Protection Agency's SmartWay program.
■ Occupants/tenants shall be provided documentation on funding opportunities, such as the Carl Moyer Program, that provide incentives for using cleaner -than —required engines and equipment.
■ Occupants/tenants shall be provided information on efficient scheduling and load management to reduce unnecessary queuing and idling of trucks.
AQ-11 The property manager/owner shall specify in all property maintenance bids that the landscape maintenance contractor shall only use electric powered landscaping equipment in line with new requirements from the California Air Resources Board's for small off - road engines. Prior to the issuance of a Certificate of Occupancy, the property manager/facility owner shall provide documentation (e.g., purchase, rental, and/or services agreement) to the City of Yucaipa Building and Safety Division that all landscaping equipment utilized will be electric powered. The property manager/facility owner shall also provide the property landscaping maintenance schedule as part of this documentation. Prior to the issuance of a Certificate of Occupancy, the City of Yucaipa Building & Safety Division shall verify, to the City's satisfaction, that any landscaping equipment utilized will be electric powered.
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AQ-12 The City of Yucaipa shall require the following measures for warehouse facilities:
■ The buildings' electrical room shall be sufficiently sized to hold additional panels that may be needed to supply power for the future installation of electric vehicle (EV) truck charging stations on the site.
Conduit shall be installed from the electrical room to tractor trailer parking spaces in logical location(s) on the site determined by the project applicant during construction document plan check, for the purpose of accommodating the future installation of EV truck charging stations at such time this technology becomes commercially available and the buildings are being served by trucks with electric -powered engines.
If there are domiciled heavy-duty trucks (Class 7 and 8), the tenant/operator of the facility shall be required to provide EV truck charging facilities on site sufficient to charge the electric trucks domiciled on the site, and such facilities shall be made available for all electric trucks that use the facility, to the extent the applicable utility authorizes and has capacity to support.
All site and architectural plans submitted to the City of Yucaipa Planning Division shall note the electric charging requirements identified above.
Pacific Oaks Commerce Center
Implementation of Mitigation Measures AQ-2 and AQ-4, and new Mitigation Measures AQ-7 through AQ-12.
Finding:
Changes or alterations have been required in, or incorporated into, the Proposed Project that avoid or substantially lessen the significant environmental effect as identified in the SEIR. These changes are identified in the form of the mitigation measure(s) above. The City of Yucaipa hereby finds that implementation of the mitigation measure(s) is feasible, and the measure(s) is therefore adopted.
Rationale for Finding
Implementation of Mitigation Measure AQ-2 would result all appliances to be energy efficient; Mitigation Measure AQ-3 would require future residential development to utilize electric fireplaces in lieu or traditional and wood -burning fireplaces/stoves; Mitigation Measure AQ-4 would require the installation of Energy Star labeled roof materials; Mitigation Measure AQ-5 would require residential developments to install energy -reducing ceiling/whole house fans; Mitigation Measure AQ-7 would require that off -road equipment be electric -powered only; Mitigation Measure AQ-8 would require electric standby and/or hybrid transport refrigeration units only; Mitigation Measure AQ-9 would require truck/dock bays that serve cold storage facilities to be electrified; Mitigation Measure AQ-10 would require signage to be placed at truck access gates, loading docks, and truck parking lots to instruct truck drivers to shut off engines to reduce idling; Mitigation Measure AQ-11 would require all landscaping equipment to be electric powered; and Mitigation Measure AQ-12 would implement Freeway Corridor Specific Plan Project
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specific measures for warehouse facilities. As such, electrification and compliance with energy efficiency standards would reduce onsite sources of NOx, CO, PM,o, and PM2.5.
3. Biological Resources
Impact 5.4-1: Development of the Proposed Project could impact special -status plant and wildlife species within the plan area. [Threshold 13-1]
Special -Status Plant and Wildlife Species
Support for this environmental impact conclusion is Fully discussed in Section 5.4, Biological Resourcef, and in particular, starting on page 5.4-47 of the SEIR.
FCSP Buildout
Special -Status Plants
Direct Impacts
Future development within the plan area has the potential to result in impacts to special -status plants through clearing, trampling, or grading. Any impacts to special -status plants would be potentially significant. Potential impacts to a federal- or state -listed plant species would be significant. Potential impacts to nonlisted special -status plants are potentially significant depending on the location and size of the impact. Implementation of mitigation would reduce potential direct impacts to a less -than - significant level. However, direct impacts to special -status plant species would be potentially significant in the absence of mitigation.
Indirect Impacts
■ Construction -Related Impacts. Special -status plant species and suitable habitat for special - status plant species, including Nevin's barberry tarplant, Parry's spineflower, slender -horned spineflower, Santa Ana River woollystar, California satintail, Hall's monardella, salt spring checkerbloom, and San Bernardino aster, may be indirectly impacted during future construction within the plan area. Potential construction -related indirect impacts to special -status plant species would be potentially significant absent mitigation.
■ Long -Term Impacts. Potential long-term indirect impacts could result from development near special -status plant species or their suitable habitat. Potential long-term indirect impacts to special - status plant species would be potentially significant absent mitigation.
Special -Status Wildlife
Direct Impacts
Two special -status wildlife species were observed during surveys, and an additional 19 special -status wildlife species were determined to have a moderate or high potential (or low potential for certain listed species) to occur in the plan area based on known species distribution, species -specific habitat preferences, and habitat conditions on the plan area. Potential impacts to the following species could occur and would be significant without mitigation: western spadefoot, fully protected raptors, burrowing owl, loggerhead shrike, riparian birds, fossorial small mammals, western mastiff bat, Freeway Corridor Specific Plan Project
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American badger, southern California legless lizard, California glossy snake, coastal tiger whiptail, red diamondback rattlesnake, Blainville's horned lizard, and coast patch -nosed snake, and crotch bumble bee.
Indirect Impacts
Construction -related impacts could indirectly impact western spadefoot, fully protected raptors, burrowing owl, loggerhead shrike, riparian birds, fossorial small mammals, western mastiff bat, American badger, southern California legless lizard, California glossy snake, coastal tiger whiptail, red diamondback rattlesnake, Blainville's horned lizard, and coast patch -nosed snake, and crotch bumble bee through increased chemical pollutants, effects from noise and vibration, increased human presence, increased nighttime lighting, etc. Without mitigation, indirect construction impacts would be potentially significant. Additionally, long-term indirect impacts could result inadvertently affect these species through chemical releases, degradation of habitat, building collision, erosion, etc. While long- term impacts to loggerhead shrike would be less than significant due to their mobility, without mitigation, indirect impacts to all other species would be potentially significant.
Pacific Oaks Commerce Center
Special -Status Plants
Direct Impacts
Nine special -status plant species were determined to have a moderate to high potential to occur within the plan area based on known species distribution, species -specific habitat preferences, and habitat conditions on the project site: Nevin's barberry, smooth tarplant, Parry's spineflower, slender -horned spineflower, Santa Ana River woollystar, California satintail, Hall's monardella, salt spring checkerbloom, and San Bernardino aster. These species were targeted during a 2022 focused survey for the Pacific Oaks Commerce Center project site, which includes the project site plus a 500-foot buffer, for special -status plants within the focused survey area in accordance with Mitigation Measure B-5 from the 2008 Certified EIR for surveys for special -status plants. Focused surveys for special - status plants were negative. The plan area does not occur within federally designated critical habitat for special -status plant species, and there would be no impacts to critical habitat.
Robinson's peppergrass and Southern California black walnut were not included as a target species for the 2022 focused surveys because they are CRPR 4 species, which are not considered rare; therefore, CEQA does not consider this ranking significant. While Robinson's peppergrass and Southern California black walnut were identified, they were not included as target species for the focused surveys.
Indirect Impacts
As identified above, the Pacific Oak Commerce Center project site is negative for special -status plants, including the approximately 500-foot buffer around the development area. No special -status plants are expected to occur in or within 500 feet of the Pacific Oaks Commerce Center project site. Direct and indirect impacts to special -status plants associated with implementation of the Pacific Oaks Commerce Center Project would be less than significant.
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Special -Status Wildlife
Focused habitat assessments for the were conducted for coastal California gnatcatcher, arroyo toad, San Bernardino kangaroo rat, and Stephens' kangaroo rat for the Pacific Oaks Commerce Center project site, including a 500-foot buffer. These species are not expected to occur and are not analyzed further. Burrowing owl and least Bell's vireo were targeted during 2022 protocol surveys for the Pacific Oaks Commerce Center project area. Protocol surveys for burrowing owl and least Bell's vireo were negative. The plan area is not in federally designated critical habitat for special -status wildlife species, and there would be no impacts to critical habitat.
Direct Impacts
Direct impacts to the following species could occur: western spadefoot, fully protected raptors, burrowing owl, loggerhead shrike, fossorial small mammals, western mastiff bat, American badger, southern California legless lizard, California glossy snake, coastal tiger whiptail, red diamondback rattlesnake, Blainville's horned lizard, coast patch -nose snake, and crotch bumble bee. Without mitigation, impacts would be potentially significant. Focused survey area studies for Least Bell's vireo were negative, and while yellow warbler were detected along Yucaipa Creek which is adjacent to the Pacific Oaks Center Commerce project site, development on the project site would not result in the loss of any riparian habitat. Therefore, no impacts would occur to Least Bell's vireo and yellow warbler.
Indirect Impacts
Potential construction -related impacts could impact the following species: western spadefoot, fully protected raptors, burrowing owl, loggerhead shrike, yellow warbler, fossorial small mammals, western mastiff bat, American badger, southern California legless lizard, California glossy snake, coastal tiger whiptail, red diamondback rattlesnake, Blainville's horned lizard, coast patch -nose snake, and crotch bumble bee. Without mitigation, impacts would be potentially significant. Long-term impacts to the following species would be potentially significant and require mitigation: western spadefoot, burrowing owl, fossorial small mammals, western mastiff bat, American badger, southern California legless lizard, California glossy snake, coastal tiger whiptail, red diamondback rattlesnake, Blainville's horned lizard, coast patch -nosed snake birds, and crotch bumble bee. Long-term impacts to the following species would be less than significant as they are relatively mobile: white-tailed kites, loggerhead shrikes, and yellow warblers.
Mitigation Measure:
The following mitigation measure(s) was included in the SEIR and the Final SEIR, and is applicable to the Proposed Project. The measure(s) as provided include any revisions incorporated in the Final SEIR.
Specific Plan
B-6 Focused Special -Status Plant Survey and Avoidance. Outside the focused survey area (see Figure 5.4-1, Biological Resources Study Area), a focused special -status plant survey shall be conducted prior to ground -disturbing activities. The survey shall be conducted for Nevin's barberry, smooth tarplant, Parry's spineflower, slender -horned spineflower, Santa Ana River woollystar, California satintail, Hall's monardella, salt spring checkerbloom, and San Bernardino aster or as otherwise required by an updated habitat assessment conducted Freeway Corridor Specific Plan Project
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by a qualified biologist. Surveys shall occur at the appropriate time of year to capture the characteristics necessary to identify the taxon. Surveys shall be conducted consistent with California Native Plant Society, U.S. Fish and Wildlife Service, and California Department of Fish and Wildlife protocols and by a qualified botanist knowledgeable of the local flora.
The results of the survey shall be summarized in a report and would be valid for two years.
If no special -status plants are found during the survey, no further mitigation would be required.
If special -status plants are observed, the full extent of the occurrence of a special -status plant species within the survey area shall be recorded using GPS. The location of each special -status plant occurrence shall be mapped and number of individuals for each occurrence documented. The outer extent of each occurrence shall be flagged for avoidance (to the extent feasible).
For direct impacts to special -status plant species, one or a combination of the following strategies shall be implemented:
■ Avoidance and Minimization. Impacts to special -status plant occurrences shall be avoided to the greatest extent possible and minimized where avoidance is not feasible.
Where project impacts to special -status plant species cannot be avoided, mitigation is required and is discussed further below.
Salvage. If impacts to special -status plants cannot be avoided and it is feasible to effectively salvage the plants, a qualified ecologist shall develop a restoration and mitigation plan based on the life history of the species impacted, as necessary, to mitigate project impacts. The plan shall include, at minimum, (a) collection/salvage measures for plants and/or seed banks to retain intact soil conditions and maximize success likelihood; (b) details regarding storage of plants and/or seed banks; (c) location of the proposed recipient site and detailed site preparation and plant introduction technique details for topsoil storage, as applicable; (d) time of year that the salvage and replanting or seeding shall occur and the methodology of the replanting; (e) a description of the irrigation, if used; (f) success criteria; and (g) a detailed monitoring program, commensurate with the plar's goals.
B-7 Construction -Related Indirect Impacts to Biological Resources. Prior to issuance of a construction permit within 500 feet of proposed open space (conserved and nonconserved), suitable habitat for special -status species with potential to occur in the project site, aquatic resources, or sensitive vegetation communities, construction plans and conditions of approval shall include the following to address indirect impacts:
Biological Monitoring. A qualified project biologist approved by the City of Yucaipa shall monitor ground -disturbing and vegetation -clearing activities for the duration of the project to ensure that practicable measures are being employed to avoid incidental disturbance of habitat, species of concern, and other sensitive biological resources outside the project footprint. Once ground -disturbing and vegetation -clearing Freeway Corridor Specific Plan Project
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activities are complete, the project biologist shall conduct weekly checks to inspect construction, staking, or flagging (see "Delineation of Property Boundaries," below) and ensure that all applicable requirements from the mitigation measures are being upheld.
Worker Environmental Awareness Training Prior to grading, a pre -construction meeting shall be required that includes a training session for project personnel by a qualified biologist. The training shall include (1) a description of the species of concern and its habitats; (2) the general provisions of the applicable regulations pertaining to biological resources, including the Endangered Species Act and the Clean Water Act; (3) the need to adhere to the provisions of the Endangered Species Act, the Clean Water Act, and other applicable regulations; (4) the penalties associated with violating the provisions of the Endangered Species Act, Clean Water Act, and other applicable regulations; (5) the general measures that are being implemented to conserve the species of concern as they relate to the project; and (6) the access routes to the project site and the boundaries within which the project activities must be accomplished. Additionally, the training shall include the measures and mitigation requirements for the applicable resources. Copies of the mitigation measures and any required permits from the resource agencies will be made available to construction personnel and maintained in the construction site trailer, and be made available in alternate languages if necessary.
Delineation of Property Boundaries. Before beginning activities that would cause impacts, the contractor shall, in consultation with the biological monitor, clearly delineate the boundaries within which the impacts will take place with fencing, stakes, or flags, consistent with the grading plan. All impacts outside the fenced, staked, or flagged areas shall be avoided, and all fencing, stakes, and flags shall be maintained until the completion of impacts in that area. In addition, any avoided environmental resources will be clearly delineated.
Standard Dust Control Measures. Standard dust control measures as per the South Coast Air Quality Management District shall be implemented to reduce impacts on nearby plants and wildlife. Measures include controlling speed to 15 mph or less on unpaved roads, replacing ground cover in disturbed areas as quickly as possible, frequently watering active work sites, installing shaker plates, and suspending excavation and grading operations during periods of high winds. ■ Stormwater Pollution Prevention Plan. Prior to issuance of a grading permit for construction, the applicant shall submit a Stormwater Pollution Prevention Plan (SWPPP) to the City of Yucaipa that specifies best management practices to prevent all construction pollutants from contacting stormwater, with the intent of keeping sedimentation or any other pollutants from moving off -site and into receiving waters.
The requirements of the SWPPP shall be incorporated into design specifications and construction contracts. Best management practices categories employed on -site would include erosion control, sediment control, and nonstorm water (good Freeway Corridor Specific Plan Project
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housekeeping). Best management practices recommended for the construction phase shall include, but not be limited to:
• Limit grading to the minimum area necessary for construction, operation, and decommissioning of the project.
• Limit vegetation disturbance/removal to the maximum extent practicable. • Implement fiber rolls and sandbags around drainage areas and the site perimeter. • Stockpile and dispose of demolition debris, concrete, and soil properly. • Install a stabilized construction entrance/exit, and stabilize disturbed areas. • Ensure proper protections for fueling and maintenance of equipment and vehicles.
• Manage waste, aggressively controlling litter, and implementing sediment controls.
• Stabilize soil in disturbed areas by revegetation.
The following water quality measures will be included in the SWPPP:
■ Erodible fill material shall not be deposited into water courses. Brush, loose soils, or other similar debris material shall not be stockpiled within the stream channel or on its banks.
■ Projects shall be designed to avoid the placement of equipment and personnel within the stream channel or on sand and gravel bars, banks, and adjacent upland habitats used by target species of concern, as feasible. Projects that cannot be constructed without placing equipment or personnel in sensitive habitats shall be timed to avoid the breeding season of riparian species.
■ When stream flows must be diverted, the diversions shall be conducted using sandbags or other methods requiring minimal instream impacts. Silt fencing or other sediment trapping materials shall be installed at the downstream end of construction activity to minimize the transport of sediments off -site. Settling ponds where sediment is collected shall be cleaned out in a manner that prevents the sediment from reentering the stream. Care shall be exercised when removing silt fences, as feasible, to prevent debris or sediment from returning to the stream. • Water pollution and erosion control plans shall be developed and implemented in accordance with the Regional Water Quality Control Board. ■ Minimize Spills of Hazardous Materials. All vehicles and equipment shall be maintained in proper condition to minimize the potential for fugitive emissions of motor oil, antifreeze, hydraulic fluid, grease, or other hazardous materials. Hazardous spills shall be immediately cleaned up, the contaminated soil shall be immediately cleaned up, and the contaminated soil shall be properly handled or disposed of at a Freeway Corridor Specific Plan Project
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licensed facility. Servicing of construction equipment shall take place only at a designated staging area.
■ Invasive Weeds. To reduce the spread of invasive plant species, landscape plants shall not be on the most recent version of the California Invasive Plant Council's California Invasive Plant Inventory ( http://www.cal-
ipc.org/ip/inventory/index.php).
■ Night Work. All construction activities will be conducted during the daytime, and lights will not be kept on overnight in the construction area, as practicable. If night lighting is required during construction activities, all exterior lighting along undeveloped land shall be fully shielded and directed downward in a manner that will prevent light spillage or glare into the adjacent open space.
B-8 Long -Term Indirect Impacts to Biological Resources. Prior to issuance of a construction permit within 500 feet of proposed open space (conserved and nonconserved), suitable habitat for special -status species with potential to occur in the project site, aquatic resources, or sensitive vegetation communities, construction plans and conditions of approval shall include the following to address indirect impacts to special -status species:
■ Runoff: Future development within 500 feet of proposed open space (conserved and nonconserved), suitable habitat for special -status species with potential to occur in the project site, aquatic resources, or sensitive vegetation communities shall incorporate measures, including measures required through the National Pollutant Discharge Elimination System requirements, to ensure that the quantity and quality of runoff discharged is not altered in an adverse way when compared with existing conditions. In particular, measures shall be put in place to avoid discharge of untreated surface runoff from developed and paved areas into proposed open space or suitable habitat for special -status species. Stormwater systems shall be designed to prevent the release of toxins, chemicals, petroleum products, exotic plant materials, or other elements that might degrade or harm biological resources or ecosystem processes. This can be accomplished using a variety of methods, including natural detention basins, grass swales, or mechanical trapping devices. Runoff control systems shall receive regular maintenance to ensure their effective operation. ■ Toxicants: Land uses that use chemicals or generate bioproducts such as manure, fertilizer, or vineyard waste that are potentially toxic or may adversely affect plant species, wildlife species, habitat, or water quality shall incorporate measures to ensure that application of such chemicals does not result in discharges. Measures such as those employed to address drainage issues shall be implemented. ■ Lighting: Night lighting shall be directed away from proposed open space and/or suitable habitat for special -status species to protect species from direct night lighting Shielding shall be incorporated in project designs to ensure ambient lighting is not increased. Any trails that intersect proposed open space will not include night lighting.
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Noise: Proposed noise -generating land uses affecting suitable habitat for special - status species shall incorporate setbacks, berms, or walls to minimize the effects of noise on resources pursuant to applicable rules, regulations, and guidelines related to land use noise standards. For planning purposes, wildlife should not be subject to noise that would exceed residential noise standards.
Invasive Species: When approving landscape plans for future development, emphasis will be placed on using native species that occur in the region. Invasive, nonnative plant species listed on the most recent California Invasive Plant Council inventory ( https://www.cal-ipc.org/
plants/inventory/) with a rating of moderate or high shall not be included in landscaping.
Barriers: Future development shall incorporate barriers, where appropriate in individual project designs, to minimize unauthorized public access, domestic animal predation, illegal trespass, or dumping in proposed open space and/or suitable habitat for special -status wildlife. Such barriers may include native landscaping, rocks/boulders, fencing, walls, signage, and/or other appropriate mechanisms. Any proposed trails through open space will have gates that close at nighttime as well as signage and appropriate barriers to keep people and domestic animals on the trail.
Restoration of Temporary Impacts: Prior to issuance of a grading or construction permit within the project, grading and construction plans shall include the following note regarding any temporary impacts to uplands:
Site construction areas subjected to temporary ground disturbance in undeveloped areas shall be subjected to revegetation with an application of a native seed mix, if necessary, prior to or during seasonal rains to promote passive restoration of the area to pre -project conditions (except that no invasive plant species will be restored). An area subjected to "temporary" disturbance means any area that is disturbed but will not be subjected to further disturbance as part of the project. If any grading occurred in areas intended to remain undeveloped, the site will be recontoured to natural grade. This measure does not apply to situations in urban/developed areas that are temporarily impacted and will be returned to an urban/developed land use. Prior to seeding temporary ground disturbance areas, the project biologist will review the seeding palette to ensure no seeding of invasive plant species, as identified in the most recent version of the California Invasive Plant Inventory for the region.
B-9 Pre -construction Pond Check for Western Spadefoot. A pre -construction pond check by a qualified biologist shall occur within the construction area prior to the rainy season before start of construction activities. If no potential habitat for western spadefoot is found during the survey, no further mitigation would be required.
If potential habitat for western spadefoot is identified, construction fencing appropriate for amphibian exclusion will be installed around the construction area. A pre -construction pond check and focused survey for western spadefoot will be conducted the winter prior Freeway Corridor Specific Plan Project
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to grading activities in the construction area. The pond check will occur within 24 hours of the winter season's first three rain events and prioritize ponded features that hold water for 45 days or greater. Ideally, these rain events would produce a minimum of 0.2 inch during a 24-hour period.
If western spadefoot are detected during surveys in the fenced construction footprint, then biologists shall collect western spadefoot adults from areas within 300 feet of known occupied pools. Adults shall be relocated outside of the construction footprint to portions of the conserved open space (see Mitigation Measure B-10, Wildlife Movement) that have suitable breeding habitat and few or no western spadefoot individuals. Relocation of western spadefoot will follow the latest amphibian handling guidelines provided by the U.S. Geological Survey.
B-10 Wildlife Movement. Future development of the project outside of the Pacific Oaks Commerce Center will prioritize the configuration of open space such that Yucaipa Creek (NWW-01), Oak Glen Creek (NWW-02), and Yucaipa Creek's tributary (NWW-03) are able to support move -through streambed and upland habitat for wildlife. Approximately 155 acres will be placed under long-term protection (i.e., conservation easement or other protective mechanism, such as the donation of land to the City for maintaining permanent open space), with configuration generally consistent with the Land Use Plan (Figure 3-7, Proposed Land Use Plan, of this SEIR).
The following conditions will be implemented among the land use categories outlined in Figure 3-7:
■ Agro-Commercial Tourism (AT): The existing Live Oak Canyon Farm will not change from existing condition as a part of the Specific Plan. Existing condition includes full avoidance of Yucaipa Creek by farm operations. Live Oak Canyon Farm will continue to avoid Yucaipa Creek.
■ Planning Area C6: Commercial development associated with C6 will avoid Yucaipa Creek's tributary (NWW-03) and be clustered to leave a sufficient buffer from the existing drainage to allow for wildlife movement.
■ Planning Area PA 11: Residential development associated with PA 11 will avoid Yucaipa Creek's tributary (NWW-03) and be clustered to leave a sufficient buffer from the existing drainage to allow for wildlife movement.
■ Planning Area BP 4: Business park development in BP 4 will avoid Yucaipa Creek (NWW-01) and be clustered to leave a sufficient buffer from the existing drainage to allow for wildlife movement.
Throughout the conserved open space, the following measures will be implemented:
■ Lighting will be directed toward development and shielded away from the open space.
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■ Trails will not be in use from dusk to dawn, pets must be on leashes, and the trails will only be used for hiking.
■ Trails may be temporarily closed to control unauthorized access.
Future development must be consistent with the City of Yucaipa General Plan Environmental Impact Report, which includes the following design standards for habitat connectivity:
■ Adhere to low density zoning standards.
■ Encourage clustering of development.
■ Avoid known sensitive biological resources.
■ Provide shielded lighting adjacent to sensitive habitat areas. ■ Encourage development plans that maximize wildlife movement. ■ Provide buffers between development and wetland/riparian areas. ■ Protect wetland/riparian areas through regulatory agency permitting process. ■ Encourage wildlife -passable fence designs (e.g., three -strand barbless wire fence) on property boundaries.
a Encourage preservation of native habitat on the undeveloped remainder of developed parcels.
■ Minimize road/driveway development to help prevent loss of habitat due to roadkill and habitat loss.
■ Use native, drought -resistant plant species in landscape design. ■ Encourage participation in local/regional recreational trail design effort.
B-11 Pre -construction Nesting Bird Survey. Construction activities shall avoid the migratory bird nesting season (typically January 1 through September 30) to reduce any potential significant impact to birds that may be nesting within the construction area. If construction activities must occur during the migratory bird nesting season, an avian nesting survey of the project site and within 500 feet of all impact areas must be conducted to determine the presence/absence of fully protected species (including white-tailed kite), protected migratory birds, and active nests. The avian nesting survey shall be performed by a qualified wildlife biologist within 72 hours prior to the start of construction in accordance with the Migratory Bird Treaty Act and California Fish and Game Code Sections 3503, 3503.5, and 3513. If an active bird nest is found, the nest shall be flagged and mapped on the construction plans along with an appropriate buffer established around the nest, which will be determined by the biologist based on the species' sensitivity to disturbance (typically 300 feet for passerines and 500 feet for raptors and special -status species). The nest area shall be avoided until the nest is vacated and the juveniles have fledged. The nest area shall be demarcated in the field with flagging and stakes or Freeway Corridor Specific Plan Project
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construction fencing. On -site construction monitoring shall also be conducted when an active nest buffer is in place. No project activities may encroach into established buffers without the consent of a monitoring biologist. The buffer shall remain in place until it is determined the nestlings have fledged and the nest is no longer considered active.
B-12 Pre -construction Burrowing Owl Surveys and Avoidance. One pre -construction burrowing owl survey shall be completed no more than 14 days before initiation of site preparation or grading activities, and a second survey shall be completed within 24 hours of the start of site preparation or grading activities. If ground -disturbing activities are delayed or suspended for more than 30 days after the pre -construction surveys, the project site shall be resurveyed. Surveys for burrowing owl shall be conducted in accordance with protocols established in the Staff Report on Burrowing Owl Mitigation, prepared by the California Department of Fish and Game (now California Department of Fish and Wildlife [CDFW]) in 2012 or current version.
■ If burrowing owls are detected, a burrowing owl relocation plan shall be prepared and implemented in consultation with the City of Yucaipa. The relocation plan shall discuss the avoidance of disturbance to burrows during the nesting season for burrowing owls (February 1 through August 31) as well as the appropriate buffers to be established around occupied burrows, as determined by a qualified biologist. No project activities shall be allowed to encroach into established buffers without the consent of a monitoring biologist. The buffer shall remain in place until it is determined that occupied burrows have been vacated or the nesting season has completed.
■ Outside of the nesting season, passive owl relocation techniques approved by CDFW shall be implemented. Owls shall be excluded from burrows in the immediate project area, and within a buffer zone if there is a threat to the surface or subterranean burrow structure, by installing one-way doors in burrow entrances. These doors will be placed at least 48 hours prior to ground -disturbing activities. The project area shall be monitored daily for one week to confirm owl departure from burrows prior to any ground -disturbing activities. Compensatory mitigation for permanent loss of owl habitat will be provided following the guidance in the CDFW 2012 Staff Report on Burrowing Owl Mitigation or current version.
■ Where possible, burrows will be excavated using hand tools and refilled to prevent reoccupation. Sections of flexible plastic pipe shall be inserted into the tunnels during excavation to maintain an escape route for any wildlife inside the burrow.
B-13 Pre -construction Clearance Surveys. Pre -construction clearance surveys for special - status wildlife shall be conducted by a qualified project biologist within 14 days of the initiation of ground disturbance or vegetation clearing within and adjacent to construction areas. Surveys shall be appropriate for detecting potentially occurring species, such as Dulzura pocket mouse, northwestern San Diego pocket mouse, Stephens' kangaroo rat, San Diego desert woodrat, Los Angeles pocket mouse, Southern California legless lizard, California glossy snake, coastal tiger whiptail, red diamondback rattlesnake, Blainville's Freeway Corridor Specific Plan Project
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horned lizard, and coast patch -nosed snake. Surveys need not be conducted in all areas simultaneously as long as they are conducted within 14 days of the initiation of ground disturbance or vegetation clearing in each area individually. If special -status species are detected, appropriate buffers shall be established, as necessary and appropriate for the species, unless it is not feasible to avoid the species. If possible, nonlisted special -status wildlife species may be captured and relocated to suitable habitat nearby where they are safe from construction activities. Surveys and relocation of these species may only be conducted by the qualified project biologist.
If nonlisted special -status reptiles or small mammals are detected, they will be moved out of harm's way.
The project biologist shall remain available at all times after initiation of ground disturbance or vegetation clearing in case special -status wildlife species enter the construction area. If nonlisted special -status species are detected in the construction area after initiation of ground disturbance or vegetation clearing, the qualified project biologist shall take measures to move the species or encourage it to move to a safe place away from construction activities.
B-14 Pre -construction Bat Survey and Avoidance. The project contains potentially suitable roosting and/or foraging habitat to support western mastiff bat. Potential impacts to bats by the project may occur through direct removal of occupied roosts or indirectly through the removal of suitable foraging habitat. To determine if bats are currently roosting or foraging on the project site, and to determine the level of impact that may occur by the project, the following measures shall apply.
■ Pre -construction Survey. A pre -construction clearance survey for bats will be conducted at a minimum of one month prior to the start of construction to determine if any bats are currently roosting within buildings on the project site. The pre -construction survey will consist of a daytime roost assessment by a qualified bat biologist to determine if any bats or signs of active roosting are present. An emergence survey at dusk will be conducted after the roost assessment is completed to observe if any bats are emerging from suitable roost locations on the project site.
Additionally, active and passive acoustic monitoring will be concurrent with the emergence survey to determine if any bats are echolocating within the project site, identify the echolocating species, and determine the level of bat activity on -site.
Passive acoustic detectors will be deployed for a minimum of three nights. Once retrieved, bat echolocation calls will be analyzed off -site using Sonobat software and manual vetting to identify calls to the species level. If no bats are observed during the pre -construction survey, the project may commence without potential impacts to bats.
However; if bats are observed roosting in the project site, additional measures will be required as follows.
Maternity Roosting Season Avoidance. All project -related activities, including bat roost exclusion, shall occur outside the general bat maternity roosting season of March through August. Roost exclusion must only occur during the time when Freeway Corridor Specific Plan Project
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bats are most active (early spring or fall) to increase the potential to exclude all bats from buildings and minimize the potential for a significant impact to occur by avoiding the maternity roosting season.
Replacement Roost Installation. One month prior to the exclusion of bats from the buildings, the applicant will procure and install one or two bat boxes from a reputable vendor, such as Bat Conservation and Management, to allow bats sufficient time to acclimate to a new potential roost location. The bat boxes shall be installed within close proximity to the buildings and in an area that is within close proximity to suitable foraging habitat. The bat boxes will be oriented to the south or southwest, and the area chosen for the bat boxes must receive sufficient sunlight (at least six hours) to allow the bat boxes to reach an optimum internal temperature (approximately 90°F) to mimic the existing bat roost. The bat boxes will be suitable to house crevice -roosting bat species, including Mexican free -tailed bat, and large enough to contain a minimum of 50 bats (e.g., Four Chamber Premium Bat House). The bat boxes shall be installed on a 20-foot pole in an area that will be preserved by the project.
Roost Exclusion. Approximately one month after bat boxes have been installed, exclusion of the existing roost within the buildings will occur. The primary exit points for roosting bats will be identified, and all secondary ingress/egress locations on the buildings will be covered with a suitable material (e.g., tarp or wood planks) to prevent bats from leaving from other locations. The primary exit point will remain uncovered to allow exclusion devices to be installed. Exclusion devices will consist of plastic sheeting or a screen (with mesh one -sixth of an inch or smaller) installed at the top and allowing bats to leave but not return. The exclusion devices will be installed at night to increase the potential that bats have already left the roost and are less likely to return. Exclusion devices will be left in place for one week to ensure any remaining bats in the buildings are excluded. A passive acoustic monitoring detector will also be deployed during the exclusion period to verify excluded species and monitor if bat activity has decreased during the exclusion period. Periodic monitoring during the exclusion period shall also be conducted to observe if any bats are still emerging from the buildings, and an active monitoring survey shall be conducted on the final night of exclusion to ensure no bats are emerging from the buildings and determine exclusion has been successful. Any continued presence of roosting bats will require an adjustment to the exclusion devices and schedule.
B-15 Pre -construction American Badger Survey and Avoidance. Impacts to American badger individuals and wintering and natal dens shall be avoided and minimized during construction activities through the following measures. ■ Pre -construction Surveys (Wintering). During the colder months (generally between November 1 and February 15, when daily temperatures do not exceed 45°F), pre -construction surveys shall be conducted by the project biologist in suitable habitat no earlier than 14 days prior to construction activities to determine whether American Freeway Corridor Specific Plan Project
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badger winter dens are present within the construction zone or within 100 feet of the construction zone boundary.
■ Avoidance Measures (Wintering). If an American badger winter den is occupied within the construction zone or within 100 feet of the construction zone, the den location shall be clearly marked with fencing or flagging in a manner that does not isolate the badger from intact adjacent habitat or prevent the badger from accessing the den, to avoid inadvertent impacts on the den. If it is not practicable to avoid the wintering den during construction activities, an attempt will be made to trap or flush the individual and relocate it to suitable open space habitat. Additionally, badgers can be relocated by slowly excavating the burrow, either by hand or mechanized equipment under the direct supervision of the project biologist, removing no more than four inches at a time. After necessary trapping, flushing, or burrow excavation is completed, construction may proceed, and the vacated winter den may be collapsed.
If trapping is required, trapping will be limited to November 16 through the last day of February in accordance with Section 461, Title 14 of the California Code of Regulations (14 CCR 461). A written report documenting the badger removal shall be provided to the California Department of Fish and Wildlife within 30 days of relocation.
■ Pre -construction Surveys (Natal Dens). During the late winter and summer (generally from March 15 through July 31), when American badgers may use natal dens for birthing and pup rearing, pre -construction surveys shall be conducted by the project biologist no earlier than 14 days prior to ground -disturbing construction activities to determine whether American badger natal dens are present within the project construction zone or within 200 feet of the construction zone. ■ Avoidance Measures (Natal Dens). If natal dens are detected during construction, construction activities shall be halted within 200 feet of the natal den. This buffer may be reduced based on the location of the den or type of construction activity and at the direction of the project biologist. Construction activities shall not preclude the ability of the documented badgers to disperse to on -site open space or off -site habitat when the natal den is vacated (i.e., habitat suitable for dispersal must be maintained until dispersal occurs). Construction will be postponed or halted in these areas until it is determined by the project biologist that the young are no longer dependent on the natal den. To avoid inadvertent impacts during construction and to ensure that construction activities are at least 200 feet from active natal dens, any active natal dens within the survey area shall be clearly marked with fencing or flagging in a manner that will not inhibit normal behavioral activities (e.g., foraging and dispersing from the site) by the mother and pups.
B-16 Pre -construction Survey for Crotch Bumble Bee. A pre -construction survey for Crotch bumble bee (Bombes crotchiz) shall occur within the construction area during the primary flight period for workers and males (April 1 through August 31) and prior to the start of construction activities. The survey shall ensure that no nests for Crotch bumble bee are within the construction area. Crotch bumble bee is a habitat generalist, ground - Freeway Corridor Specific Plan Project
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nesting bee. Surveys and other relevant recommendations will be in accordance with the most recent protocol available at the time of the surveys.
In the event an Incidental Take Permit is needed, mitigation for direct impacts to Crotch bumble bee will be fulfilled through compensatory mitigation at a minimum 1:1 nesting habitat replacement of equal or better function and value to those impacted by the project, or as otherwise determined through the Incidental Take Permit process. Mitigation will be accomplished either through off -site conservation or through a mitigation bank approved by the California Department of Fish and Wildlife. If mitigation is not purchased through a mitigation bank, and lands are conserved separately, a cost estimate will be prepared to estimate the initial start-up costs and ongoing annual costs of management activities for the management of the conservation easement area(s) in perpetuity. The funding source will be in the form of an endowment to help the qualified natural lands management entity that is ultimately selected to hold the conservation easement(s). The endowment amount will be established following the completion of a project -specific Property Analysis Record to calculate the costs of in -perpetuity land management. The Property Analysis Record will take into account all management activities required in the Incidental Take Permit to fulfill the requirements of the conservation easement(s), which are currently in review and development.
B-17 Burrowing Owl Protocol Survey. A protocol burrowing owl survey shall be conducted by a qualified biologist outside the focused survey area (see Figure 5.4-1, Biological Resources Study Area) prior to ground -disturbing activities. Surveys shall be conducted in accordance with the California Department of Fish and Game (now California Department of Fish and Wildlife) 2012 Staff Report on Burrowing Owl Mitigation or current version. The results of the survey shall be summarized in a report and will be valid for a maximum of two years. If no burrowing owl are found during the survey, no further mitigation would be required; however, the project must comply with Mitigation Measure B-12, Pre - construction Burrowing Owl Surveys and Avoidance.
If burrowing owl are detected, the full extent of the occurrence of occupied burrowing owl habitat in the survey area shall be recorded using GPS. The outer extent of each occurrence shall be flagged for avoidance (to the extent feasible).
Direct impacts to burrowing owl shall be avoided to the greatest extent possible and minimized where avoidance is not feasible. Where project impacts to burrowing owl cannot be avoided, a burrowing owl protection plan will be prepared and implemented, as summarized in Mitigation Measure B-12.
B-18 Least Bell's Vireo Protocol Survey. A focused habitat assessment shall be conducted for future development outside of the focused survey area (see Figure 5.4-1, Biological Resources Study Area). If suitable habitat is present, a protocol least Bell's vireo survey shall be conducted by a qualified biologist within suitable riparian habitat prior to ground - disturbing activities. Surveys shall be conducted in accordance with the U.S. Fish and Wildlife Service (USFWS) 2001 Least Bell's Vireo Survey Guidelines, or current version.
Freeway Corridor Specific Plan Project
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The results of the survey shall be summarized in a report and valid for a maximum of two years. If no least Bell's vireo are found during the survey, no further mitigation would be required.
If least Bell's vireo are detected, the project shall receive authorization for take of least Bell's vireo from USFWS through the federal Endangered Species Act Incidental Take Permit process, including the preparation of a Biological Assessment. Any measures determined to be necessary through the Incidental Take Permit process to offset impacts to least Bell's vireo may supersede measures provided in this California Environmental Quality Act document and shall be incorporated into the habitat mitigation and monitoring plan.
Mitigation for direct impacts to least Bell's vireo will be fulfilled through compensatory mitigation at a 2:1 habitat replacement of equal or better function and value as the habitat impacted by the project, or as otherwise determined through the Incidental Take Permit process. Mitigation will be accomplished either through off -site conservation or through a mitigation bank approved by USFWS. If mitigation is not purchased through a mitigation bank and lands are conserved separately, a cost estimate will be prepared to estimate the initial start-up costs and ongoing annual costs of management activities for the management of the conservation easement area(s) in perpetuity. The funding source will be in the form of an endowment to help the qualified natural lands management entity that is ultimately selected to hold the conservation easement(s). The endowment amount will be established following the completion of a project -specific Property Analysis Record to calculate the costs of in -perpetuity land management. The Property Analysis Record will take into account all management activities required in the Incidental Take Permit to fulfill the requirements of the conservation easement(s), which are currently in review and development.
Pacific Oaks Commerce Center
Implementation of Mitigation Measures B-7 (construction -related indirect impacts to biological resources), B-8 (long-term indirect impacts to biological resources), B-9 (pre -construction pond check), B-11 (pre -construction nesting bird survey), B-12 (pre -construction burrowing owl surveys and avoidance), B-13 (pre -construction clearance surveys), B-14 (pre -construction bat survey and avoidance), B-15 (pre -construction American badger survey and avoidance), and B-16 (pre - construction survey for Crotch bumble bee) for direct and indirect impacts to sensitive species.
Mitigation Measures B-6 (focused special -status plant survey and avoidance), B-17 (burrowing owl protocol survey) and B-18 (least Bell's vireo protocol survey) have been completed as part of this EIR and are no longer applicable for the Pacific Oaks Commerce Center project. Mitigation Measure B-10 is applicable to future projects within the plan area that have been analyzed at the program -level in this SEIR, and not applicable to the Pacific Oaks Commerce Center project.
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Finding:
Changes or alterations have been required in, or incorporated into, the Proposed Project that avoid or substantially lessen the significant environmental effect as identified in the SEIR. These changes are identified in the form of the mitigation measure(s) above. The City of Yucaipa hereby finds that implementation of the mitigation measure(s) is feasible, and the measure(s) is therefore adopted.
Rationale for Finding
Implementation of Mitigation Measure B-6 requires focused special -status plant surveys and avoidance, Mitigation Measure B-7 reduces construction -related indirect impacts to biological resources, Mitigation Measure B-8 reduces long-term indirect impacts to biological resources, Mitigation Measure B-9 requires pre -construction pond check, Mitigation Measure B-10 reduces impacts on wildlife movement, Mitigation Measure B-11 requires pre -construction nesting bird surveys, Mitigation Measure B-12 requires pre -construction burrowing owl surveys and avoidance, Mitigation Measure B- 13 requires pre -clearance surveys, Mitigation Measure B-14 requires pre -construction bat surveys and avoidance, Mitigation Measure B-15 requires pre -construction American badger surveys and avoidance, Mitigation Measure B-16 requires pre -construction surveys for Crotch bumble bee, Mitigation Measure B-17 requires burrowing owl protocol surveys, and Mitigation Measure B-18 requires Least Bell's vireo protocol surveys. As such, impacts would be reduced to less than significant.
Impact 5.4-2: Future development within the plan area could result in the loss of sensitive natural communities, including riparian habitat. [Threshold 13-2] Sensitive Natural Communities
Support for this environmental impact conclusion is fully discussed in Section 5.4, Biological Resources, and in particular, starting on page 5.4-67 of the SEIR.
FCSP Buildout
Direct Impacts
A total of 35 vegetation communities or land cover types were mapped within the plan area. Of these, 10 communities are considered sensitive vegetation communities by the California Department of Fish and Wildlife (CDFW) and sensitive under CEQA: Menzie's golden bush scrub; Palmer's goldenbush scrub; Adenostoma fasciculatum—salvia mellifera—Shur ovata association in the chamise-sage chaparral alliance; scale broom brush; Fremont cottonwood forest and woodland; Salixgooddingii association in the Gooding's willow —red willow riparian woodland and forest alliance; and the Sambucus nigra association in the basket bush —river hawthorn —desert olive patches alliance.
Future development could result in impacts of up to 19.1 acres of sensitive vegetation communities-
6.8 acres of riparian communities, 0.8 acre of chaparral, and 11.5 acres of scrub (see Table 5.4-5, Direct Impacts to Sensitive Vegetation Communities in the Plan Area, of the Draft SEIR). Impacts to these vegetation communities would be significant absent mitigation. In addition, the Proposed Project would result in impacts to riparian and streambed vegetation communities. The 0.8 acre of Adenostoma fasczculatuix-- Freeway Corridor Specific Plan Project
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Salvia mellifera—Rhur ovata consists of one individual patch that is disconnected from other Adenostoma fasciculatum—Salvia mellifera—Rhus ovata in the region. Impacts to this community are not expected to result in adverse effects to the community regionally. Therefore, impacts to Adenostoma fasciculatum— Salvia mellifera—Rhur ovata would be less than significant. Impacts to the riparian and scrub communities would be significant absent mitigation.
Indirect Impacts
Construction -Related
Sensitive vegetation communities may be indirectly impacted during future construction of the Proposed Project which would be potentially significant absent mitigation.
Long -Term
Potential long-term, indirect impacts could result from development near sensitive vegetation communities which would be potentially significant absent mitigation.
Pacific Oaks Commerce Center Project
Refer to Section B, Finding on `No Impact" and ` -ess Than Sign cant Impacts".
Mitigation Measure:
Specific Plan
The following mitigation measure(s) was included in the SEIR and the Final SEIR, and is applicable to the Proposed Project. The measure(s) as provided include any revisions incorporated in the Final SEIR.
Implementation of Mitigation Measures B-7 (construction -related indirect impacts to biological resources), B-8 (long-term indirect impacts to biological resources) and the following additional new mitigation measures:
B-19 Aquatic Resource Avoidance, Permitting, and Protection. The Specific Plan area supports aquatic resources that are considered jurisdictional under the U.S. Army Corps of Engineers (USACE), the Regional Water Quality Control Board (RWQCB), and the California Department of Fish and Wildlife (CDFW). If aquatic resources are fully avoided, no further mitigation would be required. However, the project must comply with Mitigation Measure B-7 (construction -related indirect impacts to biological resources) and Mitigation Measure B-8 (long-term indirect impacts to biological resources).
If full avoidance is not possible, prior to construction activity, the applicant shall coordinate with USACE and the Santa Ana RWQCB (Region 8) to ensure conformance with the requirements of Section 404 and Section 401 of the Clean Water Act and the Porter -Cologne Water Quality Control Act. Prior to activity within CDFW-jurisdictional streambed or associated riparian habitat, the applicant shall coordinate with CDFW (Inland Deserts Region 6) about conformance to the Lake and Streambed Alteration permit requirements.
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Future development shall mitigate to ensure no -net -loss of waters at a minimum of 1:1 with establishment or re-establishment credits for impacts on aquatic resources as a part of an overall strategy to ensure no net loss, or at a higher ratio if establishment or re- establishment credits are not available. Mitigation shall be completed through use of a mitigation bank or other applicant -sponsored mitigation. Final mitigation ratios and credits shall be determined in consultation with USACE, RWQCB, and/or CDFW based on agency evaluation of current resource functions and values and through each agency's respective permitting process.
Should applicant -sponsored mitigation be implemented, a habitat mitigation and monitoring plan shall be prepared in accordance with resource agency guidelines and approved by the agencies in accordance with the proposed program permits. The habitat mitigation and monitoring plan will include but is not limited to a conceptual planting plan including planting zones, grading, and irrigation, as applicable; a conceptual -planting plant palette; a long-term maintenance and monitoring plan; annual reporting requirements; and proposed success criteria. Any off -site applicant -sponsored mitigation shall be conserved and managed in perpetuity.
B-20 Sensitive Upland Vegetation Avoidance and Mitigation. The Specific Plan area supports sensitive vegetation communities, including Menzies's goldenbush scrub and Palmer's goldenbush scrub. Future development should avoid these communities. If sensitive upland vegetation communities are fully avoided, no further mitigation will be required.
If full avoidance is not possible, prior to construction activities, the applicant shall mitigate for direct impacts to sensitive vegetation communities at a 1:1 ratio through either a mitigation bank or applicant -responsible mitigation. If applicant -responsible mitigation is performed, a mitigation plan must be prepared. The mitigation plan shall include: (1) the mitigation type (e.g., preservation, creation); (2) location of mitigation; (3) evaluation of how the functions and values of the impacted vegetation communities will be mitigated; (4) an implementation plan; (5) maintenance requirements; (6) monitoring requirements; (7) reporting requirements; (8) contingency measures; (9) long-term management; and (10) funding assurances.
Finding:
Changes or alterations have been required in, or incorporated into, the Proposed Project that avoid or substantially lessen the significant environmental effect as identified in the SEIR. These changes are identified in the form of the mitigation measure(s) above. The City of Yucaipa hereby finds that implementation of the mitigation measure(s) is feasible, and the measure(s) is therefore adopted.
Rationale for Finding
Implementation of Mitigation Measure B-7 would reduce construction -related indirect impacts to biological resources; Mitigation Measure B-8 would reduce long-term indirect impacts to biological resources; Mitigation Measure B-19 would require aquatic resource avoidance, permitting, and Freeway Corridor Specific Plan Project
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protection; and Mitigation Measure B-20 would require sensitive upland vegetation avoidance and mitigation. As such, impacts would be reduced to less than significant.
Impact 5.4-3: Future development within the plan area could impact jurisdictional aquatic resources within the plan area. [Threshold B-3]
Jurisdictional Aquatic Resources
Support for this environmental impact conclusion is fully discussed in Section 5.4, Biological Resources, and in particular, starting on page 5.4-70 of the SEIR.
FCSP Buildout
An updated aquatic resources delineation was conducted throughout the plan area in 2022 in compliance with Mitigation Measure B-1 from the 2008 Certified EIR. The plan area does not contain state or federally protected wetlands. The plan area supports 15.37 acres of nonwetland waters potentially regulated by United States Army Corps of Engineers (USACE), 16.03 acres of nonwetland waters (below Ordinary High Watermark [OHWM]) fall under RWQCB jurisdiction, and 49.10 acres of CDFW streambed (below and above OHWM, to top of bank) and associated riparian habitat occur in the plan area.
Direct Impacts
Based on the jurisdictional delineation and review of relevant information, six nonwedand water features were delineated within the plan area. Of the six nonwedand waters, four features totaling 15.37 acres are potentially under the jurisdiction of the USACE since they exhibit a downstream connection with a traditional navigable water (the Pacific Ocean). The other two nonwedand water features, totaling 0.66 acre, terminate in the plan area and therefore are likely not USACE jurisdictional.
Nonwedand water features in the plan area may also be regulated by RWQCB and CDFW. In addition, CDFW may regulate streambeds beyond the OHWM (to top of bank) and associated riparian habitat.
In total, 16.03 acres of nonwetland waters (below OHWM) fall under RWQCB jurisdiction, and 49.1 acres of CDFW Streambed (below and above OHWM, to top of bank) and associated riparian habitat occur in the review. Implementation of the Proposed Project would impact approximately 2.88 acres of nonwedand waters of the United States, 0.59 acre of nonwetland waters of the State, 1.88 acres of Jurisdictional Streambed, and 6.89 acres of Jurisdictional Riparian habitats, as shown in Table 5.4-6, Proposed Project Impacts to Aquatic Resources, of the Draft SEIR.
Indirect Impacts
Construction -Related
Jurisdictional waters of the United States/state may be indirectly impacted during construction.
Potential short-term or temporary indirect impacts to jurisdictional waters resulting from construction activities include the generation of fugitive dust; changes in hydrology resulting from construction, including sedimentation and erosion; the release of chemical pollutants; and unintentional clearing, trampling, or grading outside of the proposed construction zone. Construction -related indirect impacts to jurisdictional waters associated with the Proposed Project would be potentially significant.
Freeway Corridor Specific Plan Project
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Long -Term
Potential long-term indirect impacts that could result from development near waters of the United States/state communities include pollutants that could degrade water quality and habitat; increased invasive plant species that may degrade habitat; and trampling of vegetation and soil compaction by humans, which could affect soil moisture, water penetration, surface flows, and erosion. Long-term indirect impacts to jurisdictional waters associated with the Proposed Project would be potentially significant.
Pacific Oaks Commerce Center
Direct Impacts
Future development on the Pacific Oaks Commerce Center project site would not result in impacts to any jurisdictional aquatic resources because none exist in the Pacific Oaks Commerce Center project site. No impacts would occur. Therefore, the Proposed Project would not result in new or substantially more severe significant impacts in this regard compared to the Approved Project.
Indirect Impacts
Development of the Pacific Oaks Commerce Center project has the potential to result in short-term (construction -related) and long-term indirect impacts to aquatic resources. Impacts would be potentially significant in the absence of mitigation. However, the Proposed Project would not result in new or substantially more severe significant impacts in this regard compared to the Approved Project.
Mitigation Measure:
The following mitigation measure(s) was included in the SEIR and the Final SEIR, and is applicable to the Proposed Project. The measure(s) as provided include any revisions incorporated in the Final SEIR.
Specific Plan
Implementation of Mitigation Measure B-19 (aquatic resource avoidance, permitting, and protection) for direct impacts and Mitigation Measures B-7 (construction -related indirect impacts to biological resources) and B-8 (long-term indirect impacts to biological resources) for indirect impacts.
Pacific Oaks Commerce Center
No direct impacts were identified; however, the Pacific Oaks Commerce Center would require implementation of the following measures for indirect impacts: Mitigation Measures B-7 (construction - related indirect impacts to biological resources) and B-8 (long-term indirect impacts to biological resources).
Finding:
Changes or alterations have been required in, or incorporated into, the Proposed Project that avoid or substantially lessen the significant environmental effect as identified in the SEIR. These changes are identified in the form of the mitigation measure(s) above. The City of Yucaipa hereby finds that implementation of the mitigation measure(s) is feasible, and the measure(s) is therefore adopted.
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Rationale for Finding
Mitigation Measure B-7 would reduce construction -related indirect impacts to biological resources; Mitigation Measure B-8 would reduce long-term indirect impacts to biological resources; and Mitigation Measure B-19 would require aquatic resource avoidance, permitting, and protection. As such, impacts would be reduced to less than significant.
Impact 5.4.4: Future development within the plan area could directly or indirectly affect wildlife movement within the plan area and vicinity. [Threshold B-4] Wildlife Movement
Support for this environmental impact conclusion is fully discussed in Section 5.4, Biological Resources, and in particular, starting on page 5.4-75 of the SEIR.
FCSP Buildout
Direct Impacts
The plan area does not contain nursery sites, and the plan area is not in an area identified as a wildlife corridor or linkage. However, the Yucaipa General Plan EIR identified Yucaipa Creek and Oak Glen Creek as potential local wildlife linkages. The plan area contains undeveloped land that allows for unrestricted move -through habitat and three large drainages that likely convey wildlife through the plan area. The remaining two drainages are shallow and isolated, likely not conveying wildlife, but may contribute to move -through, foraging habitat.
The Proposed Project would designate at least 155 acres of land as OS-C (approximately 13 percent of the plan area), primarily along the three most prominent drainage features in the plan area: Yucaipa Creek (NWW-01), Oak Glen Creek (NWW-02), and Yucaipa Creek's tributary (NWW-03). The OS-C lands allow for partial to full avoidance of all three drainages. The Proposed Project would also designate at least 336 acres (approximately 27 percent of the plan area) of OS along both Yucaipa Creek and Oak Glen Creek and interspersed throughout the plan area, which would provide a buffer and transition zone between different land uses and may support agricultural activities, including those areas already in production. While agricultural activities have the potential to constrain movement, this land is expected to continue to facilitate some wildlife movement.
Given that future development plans associated with the Proposed Project are currently conceptual, specific impacts to wildlife corridors and habitat linkages are not known and therefore potentially significant. Future road improvements to Live Oak Canyon Road and future development of the Wildwood Canyon Road Interchange project have potential to impact local wildlife movement along Yucaipa Creek. In the absence of mitigation these impacts would be potentially significant.
Indirect Impacts
Construction -Related
Potential short-term or temporary indirect impacts to Nvildlife movement would be potentially significant absent mitigation.
Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 135 -
09/23/2024 City Council Agenda 457
Long -Term
Potential long-term indirect impacts to wildlife movement would be potentially significant absent mitigation.
Pacific Oaks Commerce Center
Direct Impacts
Development of Pacific Oaks Commerce Center fully avoids Yucaipa Creek; therefore, this project is not expected to impact regional wildlife movement. No direct impacts would occur. The Proposed Project would not result in new or substantially more severe significant impacts in this regard compared to the Approved Project.
Indirect Impacts
Development of the Pacific Oaks Commerce Center would encroach into Yucaipa Creek's associated uplands, which may constrain wildlife use in the area. Therefore, the Pacific Oaks Commerce Center project would result in the same indirect impacts to wildlife movement as identified for the Specific Plan. Impacts would be potentially significant in the absence of mitigation. However, the Proposed Project would not result in new or substantially more severe significant impacts in this regard compared to the Approved Project.
Mitigation Measure:
The following mitigation measure(s) was included in the SEIR and the Final SEIR, and is applicable to the Proposed Project. The measure(s) as provided include any revisions incorporated in the Final SEIR.
Specific Plan
Implementation of Mitigation Measures B-7 (construction -related indirect impacts to biological resources), B-8 (long-term indirect impacts to biological resources), B-10 (wildlife movement); and the following Mitigation Measures:
B-5 Fuel Management Zone. A plan for the management of the fuel management zone shall be developed and submitted to the City of Yucaipa for review and approval prior to issuance of a grading permit. The management plan shall include access points, signage for trails and restricted uses, and appropriate fencing.
B-21 Culvert Undercrossing. A wildlife undercrossing shall be constructed where proposed improvements to Live Oak Canyon Road and the future Wildwood Canyon Road interchange cross over Yucaipa Creek. The undercrossing will be designed sufficient to convey large, medium, and smaller -sized wildlife. The wildlife undercrossing shall utilize existing or manufactured topography. The crossing shall be designed to provide an openness ratio (calculated as width times height divided by length in meters) equal to or greater than 0.6, with direct line of sight at both ends. The crossing shall have a raised floor and/or side platform to allow dry passage for wildlife when water is flowing. The design should consider the use of berms to protect the undercrossing from light and noise.
Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 136 -
09/23/2024 City Council Agenda 458
Pacific Oaks Commerce Center
Implementation of Mitigation Measure B-5 (fuel management zone, formerly Mitigation Measure B- 13) and new Mitigation Measures B-7 (construction -related indirect impacts to biological resources), and B-8 (long-term indirect impacts to biological resources). Mitigation Measure B-21 is not applicable to the Pacific Oaks Commerce Center project.
Finding:
Changes or alterations have been required in, or incorporated into, the Proposed Project that avoid or substantially lessen the significant environmental effect as identified in the SEIR. These changes are identified in the form of the mitigation measure(s) above. The City of Yucaipa hereby finds that implementation of the mitigation measure(s) is feasible, and the measure(s) is therefore adopted.
Rationale for Finding
Implementation of Mitigation Measure B-5 would create a fuel management zone plan, Mitigation Measure B-7 would reduce construction -related indirect impacts to biological resources, Mitigation Measure B-8 would reduce long-term indirect impacts to biological resources, and Mitigation Measure B-10 would require adequate wildlife movement, Mitigation Measure B-21 would require culvert undercrossings. As such, impacts would be reduced to less than significant.
Impact 5.4.5: The Proposed Project could conflict with the City's tree ordinance but would not conflict with an adopted habitat conservation plan. [Thresholds B-5 and B-6] Tree Ordinance and Habitat Conservation Plan
Support for this environmental impact conclusion is fully discussed in Section 5.4, Biological Resources, and in particular, starting on page 5.4-77 of the SEIR.
FCSP Buildout
Local Policies and Ordinances
The City's Municipal Development Code, Division 9, Plant Protection and Management, includes ordinances related to the removal of trees, including oak trees, as well as plants within 200 feet of a streambank. The plan area contains trees, including oak trees, and streambanks. As with the Approved Project, the Proposed Project would result in impacts to trees and plants within 200 feet of a streambank. Impacts would be potentially significant in the absence of mitigation. However, the Proposed Project would not result in new or substantially more severe significant impacts in this regard compared to the Approved Project.
Habitat Conservation Plans
The plan area does not overlap with any habitat conservation plans, and no impacts would occur to habitat conservation plans. No impact would occur. Therefore, the Proposed Project would not result in new or substantially more severe significant impacts in this regard compared to the Approved Project.
Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 137 -
09/23/2024 City Council Agenda 459
Pacific Oaks Commerce Center
Local Policies and Ordinances
The Pacific Oaks Commerce Center project would result in the same impacts to the City's tree ordinance as well as habitat conservation plans, as identified for the Specific Plan. Impacts would be potentially significant in the absence of mitigation. However, the Pacific Oaks Commerce Center project would not result in new or substantially more severe significant impacts in this regard compared to the Approved Project.
Habitat Conservation Plans
As the plan area does not overlap with any habitat conservation plans, and no impacts would occur to habitat conservation plans. No impact would occur. Therefore, the Proposed Project would not result in new or substantially more severe significant impacts in this regard compared to the Approved Project.
Mitigation Measure:
Specific Plan
The following mitigation measure(s) was included in the SEIR and the Final SEIR, and is applicable to the Proposed Project. The measure(s) as provided include any revisions incorporated in the Final SEIR.
B-1 Oak Tree Survey. Prior to grading the applicant will conduct an oak tree survey to identify oak trees to be encroached upon, removed and/or relocated, and those within 100 feet of the project site or construction area. Oak trees will be identified, located, and tagged during the survey. An oak tree report may be required depending on the scope and the nature of the project impact on the surrounding trees, as determined during the pre - application conference. In general, the requirements for an oak tree report may be waived in situations involving the removal of dead or hazardous trees and/or potential impacts to less than four trees. In situations requiring the submission of an oak tree report, the document shall be certified by the oak tree consultant to be true and correct and must be acceptable to the Community Development Director (Yucaipa Development Code Section 89.0501). The oak tree report will include information on the oak trees proposed for impacts, including location, diameter of trunk, diameter of canopy, height, and the health and condition of the subject oak trees. In addition, a site plan map must be submitted during the application process. The site plan map is required to show proposed grading and construction areas, oak tree locations, and the exact location of the dripline of an oak tree.
B-2 Oak Tree Permit. Prior to the removal of, or the encroachment into, the "protected zone" of oak trees, the applicant will first obtain an oak tree permit as stated in section
89.0515 (b) (1) of the Yucaipa Development Code. Specifically, the protected zone for oak trees is defined as the area within a circumference measured five feet outside of the dripline of the tree and extending inward to the trunk of the tree, with the condition that the protected zone must always be at least 15 feet from the trunk of an oak tree (Yucaipa Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 138 -
09/23/2024 City Council Agenda 460
Development Code Section 89.0501). The applicant will obtain oak tree permits to allow encroachments within the dripline as needed. Requests for encroachments that do not exceed 50 percent of the dripline would qualify for administrative processing, whereas requests for encroachments that exceed 50 percent of the dripline would require Yucaipa Planning Commission review. (The guidelines of the Oak Tree Conservation Ordinance explain the processing steps involved in obtaining an oak tree permit, the information necessary to apply for an oak tree permit, the standard conditions for an oak tree permit, oak tree survey and reporting requirements, oak tree removal requirements, oak tree planting and replacement requirements, and the enforcement of the Oak Tree Conservation Ordinance).
B-3 Oak Tree Design Guidelines. During final design, the applicant will provide design guidelines as set forth in the Oak Tree Conservation Ordinance. Section 89.0501 of the Yucaipa Development Code provides design guidelines and evaluation criteria for projects that will impact or potentially impact oak trees. City of Yucaipa enforces the conservation of all healthy oak trees unless reasonable and conforming use of the property justifies removal, cutting, pruning, and/or encroachment into the protected zone of an oak tree.
To the extent possible, given the constraints of the property, the project must (1) preserve or minimize impacts to existing healthy oak trees; (2) eliminate or minimize encroachment or new construction in areas of oak trees; (3) minimize the percentage of encroachment from construction on oak trees; (4) avoid locating parking facilities and pedestrian walkways in close proximity to hazardous oak trees for safety reasons, unless it can be demonstrated that major surgery and a nutrient feeding program will restore the tree to a safe and vigorous condition, or the trees are located in minimal access areas such as drainages or steep slopes.
B-4 Oak Tree Mitigation. The applicant will mitigate oak tree impacts through relocation and/or replacement through habitat creation, restoration, and enhancement efforts.
Requests for relocations can be processed administratively only when the diameter of the tree does not exceed six inches when measured at a point 4.5 feet above the natural grade of the tree. Requests for relocation of trees with larger diameters must be processed and reviewed by the Yucaipa Planning Commission and the City Council. Any replacement trees from a nursery must be either coast live oak or valley oak (Quercus lobata). Other oak tree varieties must be approved in advance by the Community Development Department.
All relocated or replaced trees shall be monitored and maintained by a qualified biologist for five years or until the plants have become fully established and can survive without supplemental irrigation.
B-22 Tree Removal Permit. Prior to the issuance of grading permits, it will be the responsibility of the project applicant to obtain the necessary permits for removal of trees, including oak trees, as well as the removal of plants within 200 feet of a streambank. The project applicant will provide the appropriate plot plan or other documentation required by the City of Yucaipa.
Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 139 -
09/23/2024 City Council Agenda 461
Pacific Oaks Commerce Center
Implementation of Mitigation Measures B-1 (oak tree survey, former B-7), B-2 (oak tree permit, former B-8), B-3 (oak tree design guidelines, former B-9), and B-4 (oak tree mitigation, former B-10) and new Mitigation Measure B-22 (tree removal permit).
Finding:
Changes or alterations have been required in, or incorporated into, the Proposed Project that avoid or substantially lessen the significant environmental effect as identified in the SEIR. These changes are identified in the form of the mitigation measure(s) above. The City of Yucaipa hereby finds that implementation of the mitigation measure(s) is feasible, and the measure(s) is therefore adopted.
Rationale for Finding
Implementation of Mitigation B-1 would require an oak tree survey prior to grading, Mitigation Measure B-2 would require obtaining an oak tree permit prior to removal of trees, Mitigation Measure B-3 would require the incorporation of the Oak Tree Conservation Ordinance into final design, Mitigation Measure B-4 would require mitigating impacts to oak trees, and Mitigation Measure B-22 would require tree removal permits prior to issuance of grading permits. As such, impacts would be reduced to less than significant.
4. Cultural Resources
Impact 5.5-1: Development of the project could impact an identified historical resource. [Threshold C-11
Historical Resources
Support for this environmental impact conclusion is fully discussed in Section 5.5, Cultural Resources, and in particular, starting on page 5.5-19 of the SEIR.
FCSP Buildout
As identified in the 2008 Certified EIR, as well as the cultural records searches conducted for the Proposed Project, several historical resources and historic -age resources have been identified within the plan area and a 0.5-mile radius of the plan area. Future development in the plan area could have the potential to impact historic resources.
The cultural resources analysis for the 2008 Certified EIR concluded that resources P36-0012600, P36- 0012601, P36-0012603, and P36-012836 are not considered significant historical resources. Therefore, direct and/or indirect impacts on these structures would not result in an impact to a historical resource.
The cultural resources analysis for the 2008 Certified EIR determined that resources P36-12607 and P36-12608 have not been evaluated for significance and could qualify as historical resources. These resources are in parts of the FCSP that would be designated OS-C, that is, areas of no grading or Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 140 -
09/23/2024 City Council Agenda 462
development. Nonetheless, Mitigation Measure CR-1 would be implemented as part of the project to mitigate potential impacts to less -than -significant.
While the Proposed Project would result in more development and substantially more landform modification than the Approved Project, future development under the Proposed Project would be required to implement mitigation measures that would reduce impacts to historic resources, as with the Approved Project. Additionally, some portions of the plan area that were designated for development (i.e., lands not designated Open Space) under the Approved Project would be designated OS-C under the Proposed Project, and cultural resources in land designated OS-C would not be impacted because these lands would be preserved in perpetuity. As with the 2008 Certified EIR, which found impacts to unknown historical resources were less than significant with the incorporation of mitigation measures, impacts under the Proposed Project would also result in less than significant impacts with the incorporation of Mitigation Measure CR-1. Therefore, the Proposed Project would not result in new or substantially more severe significant impacts in this regard compared to the Approved Project.
Pacific Oaks Commerce Center Project
Refer to Section B, Findings on `No Impact"and `Less Than Significant Impacts ".
Mitigation Measure:
Specific Plan
The following mitigation measure(s) was included in the SEIR and is applicable to the Proposed Project. The measure(s) as provided include any revisions incorporated in the Final SEIR.
CR-1 Prior to the issuance of any grading permits in planning areas BP4 and development within the OS, the project proponent shall retain a qualified architectural historian, defined as meeting Secretary of the Interior Standards, to carry out all mitigation measures related to historical resources. A historic resources technical evaluation for resources P36-12607 and P36-12608 shall be prepared by the qualified architectural historian. The study shall evaluate the significance and data potential of the resources in accordance with these standards. Resources present on the proposed project site shall be evaluated for eligibility for the California Register of Historical Resources (CRHR), including buildings and structures. If the resource meets the criteria for listing on the CRHR (Pub. Res. Code Section 5024.1; Title 14 CCR, Section 4852), a program detailing how such long-term avoidance or preservation is ensured shall be developed and approved prior to conditional approval.
Finding:
Changes or alterations have been required in, or incorporated into, the Proposed Project that avoid or substantially lessen the significant environmental effect as identified in the SEIR. These changes are identified in the form of the mitigation measure(s) above. The City of Yucaipa hereby finds that implementation of the mitigation measure(s) is feasible, and the measure(s) is therefore adopted.
Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 141 -
09/23/2024 City Council Agenda 463
Rationale for Finding
Mitigation Measure CUL-1 would require the project proponent to retain a qualified architectural historian prior to issuance of any grading permits. As such, impacts would be reduced to less than significant.
Impact 5.5-2: Development of the project could impact archaeological resources. [Threshold C-2] Archaeological Resources
Support for this environmental impact conclusion is fully discussed in Section 5.5, Cultural Resources, and in particular, starting on page 5.5-21 of the SEIR.
FCSP Buildout
As identified in the 2008 Certified EIR, archaeological resources were identified in the FCSP. Future development in the plan area could have the potential to impact archaeological resources. As identified in Table 5.5-2, Previously Recorded Cultural Resources Within a One -Half Mile Radius of the Plan Area, of the Draft SEIR, seven prehistoric archaeological sites and one prehistoric isolated resource are known cultural resources sites identified within the FCSP area. It was noted in updated site records that sites CA-SBR-429, CA-SBR-908, CA-SBR-912, and CA-SBR-913 have been destroyed. Several of the remaining known cultural resources in the plan area have not been tested and evaluated for significance or it is unknown if they have been evaluated (see Table 5.5-2). Archaeological sites P36-000915, P36- 0012602, P36-0012604, and P36-0012605 may contain subsurface deposits, retain substantial integrity, possess a range of materials types, and could address important questions regarding chronology, trade/exchange, subsistence, and settlement patterns of the region during prehistory. These resources could qualify as significant historical archaeological resources. Impacts to these archaeological sites could cause adverse changes in the significance of an archaeological resource. In addition to these known archaeological resources, and as documented above, the project area contains a high sensitivity for subsurface archaeological resources. Therefore, there is also the potential for ground -disturbing activities to impact previously unidentified archaeological resources.
Though the Proposed Project would result in more development and substantially more landform modification compared to the Approved Project, future development in the FCSP would be required to implement mitigation measures that would reduce impacts to archaeological resources, as with the Approved Project. Additionally, some portions of the plan area that were designated for development under the Approved Project would be designated OS-C under the Proposed Project, and cultural resources in land designated OS-C would not be impacted because this land would be preserved in perpetuity. Therefore, the Proposed Project would not result in new or substantially more severe significant impacts in this regard compared to the Approved Project.
Pacific Oaks Commerce Center
The Pacific Oaks Commerce Center project would result in the same impacts to archaeological resources as identified for the Specific Plan. Therefore, impacts would be less than significant with mitigation measures incorporated.
Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 142 -
09/23/2024 City Council Agenda 464
Mitigation Measure:
Specific Plan
The following mitigation measure(s) was included in the SEIR, and is applicable to the Proposed Project.
CR-2 Prior to the issuance of any permits allowing ground -disturbing activities, the project proponent/operator shall retain a Qualified Archaeologist, defined as an archaeologist meeting the Secretary of the Interior's Standards for professional archaeology (U.S.
Department of the Interior, 2011), to carry out all mitigation measures related to archaeological resources. The contact information for this Qualified Archaeologist shall be provided to the City of Yucaipa's Planning Department prior to the commencement of any construction activities on -site. Further, the Qualified Archaeologist shall be responsible for ensuring employee training provisions are implemented during implementation of the project:
■ Prior to any ground disturbance, the Qualified Archaeologist or their qualified designee shall provide worker environmental awareness protection training to construction personnel for the protection of cultural (prehistoric and historic) resources. As part of this training, construction personnel shall be briefed on proper procedures to follow should unanticipated cultural resources be made during construction. New construction personnel shall also receive the worker environmental awareness protection training.
■ In the event that unanticipated cultural resources are encountered during any phase of project construction, all construction work within 50 feet of the find shall cease and the Qualified Archaeologist, in coordination with the City's Planning Department, shall assess the find for importance. Construction activities may continue in other areas. If the discovery is determined to not be significant by the Qualified Archaeologist, work will be permitted to continue in the area. ■ If a find is determined to be important by the. Qualified Archaeologist, they shall immediately notify the City's Planning Department. The City's Planning Department shall determine whether the resource is eligible for inclusion in the California Register of Historical Resources (CRHR). If the City determines the resource is eligible for inclusion on the CRHR, project redesign and preservation in place shall be the preferred means to avoid impacts to significant historical resources. ■ Consistent with CEQA Guidelines Section 15126.4(b)(3)(C),if it is demonstrated that known resources (P36-000915, P36-0012602, P36-0012604, and P36-0012605) and unanticipated finds cannot be avoided, the Lead Archaeologist shall develop additional treatment measures in consultation with the City, which may include placement within conservation easements, preservation -in -place (e.g. capping sites with sterile, chemically neutral soil, geofabric, and some form of shallow -rooted landscaping), Phase II testing, Phase III data recovery, or other appropriate measures.
The City shall consult with appropriate Native American representatives in Freeway Corridor Specific Plan Project
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Statement of Overriding Considerations - 143 -
09/23/2024 City Council Agenda 465
determining appropriate treatment for unearthed cultural resources if the resources are prehistoric or Native American in nature. Diagnostic archaeological materials with research potential recovered during any investigation shall be curated at an accredited curation facility. The Lead Archaeologist shall prepare a report documenting evaluation and/or additional treatment of the resource. A copy of the report shall be provided to the City and to the South Central Coastal Information Center at California State University, Fullerton.
■ If the cultural resource is identified as being potentially eligible for listing on either the NRHP or CRHR, and project designs cannot be altered to avoid impacting the site, a Phase III Data Recovery Program to mitigate project effects shall be initiated.
A Data Recovery Treatment Plan shall detail the objectives of the Phase III Program and contain specific testable hypotheses pertinent to the Research Design and relative to the site(s) under study. The Phase III Data Recovery Treatment Plan shall be submitted to the City's Planning Department, the appropriate Native American Band or Tribe, if applicable for review and comment prior to implementation of the Data Recovery Program. After Approval of the Treatment Plan, the Phase III Data Recovery Program for affected, eligible site(s) shall be completed. Typically, a Phase III Data Recovery Program involves the excavation of a statistically representative sample of the site(s) to preserve those resource values that qualify the site(s) as being eligible for listing on the NRHP/CRHR. The Phase III Data Recovery Report shall be submitted to the City's Planning Department, the appropriate Native American Band or Tribe, if applicable, and the State Historic Preservation Officer for review and comment prior to the issuance of a grading permit.
CR-3 Prior to the issuance of a grading permit and before any brush clearance, grading, excavation and/or ground disturbing activities on the site take place, the project proponent shall retain a Secretary of Interior Standards qualified archaeological monitor to monitor all ground -disturbing activities in native soils in an effort to identify any unknown archaeological resources.
The project archaeologist, in consultation with interested tribes, the developer, and the City of Yucaipa, shall develop an Archaeological Monitoring Plan (AMP) to address the details, timing and responsibility of all archaeological and cultural activities that will occur on the project site. Details in the AMP shall include:
■ Project -related ground disturbance (including, but not limited to, brush clearing, grading, trenching, etc.) and development scheduling;
■ The development of a rotating or simultaneous schedule in coordination with the developer and the project archeologist for designated Native American Tribal Monitors from the consulting tribes during grading, excavation and ground -disturbing activities on the site: including the scheduling, safety requirements, duties, scope of work, and Native American Tribal Monitors' authority to stop and redirect grading activities in coordination with all project archaeologists. Tribes shall coordinate as to Tribal Monitoring concurrent with development;
Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 144 -
09/23/2024 City Council Agenda 466
■ The protocols and stipulations that the developer, City, Tribes, and project archaeologist will follow in the event of inadvertent cultural resources discoveries, including any newly discovered cultural resource deposits that shall be subject to a cultural resources evaluation.
■ Pursuant to the AMP, a tribal monitor from the consulting tribe (e.g., Morongo Band of Mission Indians, San Manuel Band of Mission Indians, and/or Soboba Band of Luisefio Indians) shall be present during the initial grading activities. If tribal resources are found during grubbing activities, the tribal monitoring shall be present during site grading activities.
■ During construction activities, the project proponent shall ensure that Native American monitors have access to the project site to monitor grading and excavation activities. If cultural resources are discovered during ground -disturbing activities, the Native American monitor shall have authority to halt all grading activities within a predetermined radius of the find until its significance can be evaluated.
Pacific Oaks Commerce Center Project
Implementation of Mitigation Measures CR-2 and CR-3.
Finding:
Changes or alterations have been required in, or incorporated into, the Proposed Project that avoid or substantially lessen the significant environmental effect as identified in the SEIR. These changes are identified in the form of the mitigation measure(s) above. The City of Yucaipa hereby finds that implementation of the mitigation measure(s) is feasible, and the measure(s) is therefore adopted.
Rationale for Finding
Mitigation Measure CUL-2 requires that prior to the issuance of any permits for ground -disturbing the project proponent shall retain a Qualified Archaeologist to carry out all mitigation and Mitigation Measure CUL-3 requires that prior to issuance of a grading permit and before nay brush clearance, grading, excavation and/or ground -disturbing activities the project proponent shall retain a Qualified Archaeologist to monitor ground -disturbing activities. Therefore, impacts would be less than significant.
5. Geology and Soils
Impact 5.7.1: Project residents or occupants, and visitors would be subject to potential seismic - related hazards resulting in risks to life or property. [Thresholds G-1 i through G-1 iv, and G-4])
Seismic -Related Hazards
Support for this environmental impact conclusion is fully discussed in Section 5.7, Geology and Soils, and in particular, starting on page 5.7-17 of the SEIR.
Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 145 -
09/23/2024 City Council Agenda 467
FCSP Buildout
Earthauakes and Ground-Ruature
The Chicken Hill Fault, which is part of the larger Crafton Hills Fault Zone, is included within this Alquist-Priolo Earthquake Fault Zone and traverses the northwestern portion of the plan area. This area will be designated as open space and therefore, no construction would occur in the Alquist-Priolo Zone. However, the entire plan area is subject to seismic events (ground shaking) due to its proximity to the San Andreas Fault Zone and its location in seismically active Southern California. Like the Approved Project, implementation of the Proposed Project would result in potentially significant impacts related to earthquakes and ground rupture. However, the Proposed Project would not result in new or substantially more severe significant impacts in this regard that were analyzed in the 2008 Certified EIR.
Landslides and Liquefaction
The plan area has not been zoned by the California Geological Survey for seismic hazards such as earthquake -induced landslides or liquefaction. The potential for landslide development has been evaluated as low to medium according to the City of Yucaipa General Plan. Landslide deposits are mapped on a relatively small slope on the southwest portion of the plan area. Liquefaction is unlikely to develop due to the relatively deep groundwater which is considered to exist in a depth in excess of 50 feet below ground surface, and therefore, liquefaction impacts are not considered to be substantial.
However, the potential for liquefaction exists along the stream channels during rainy periods if strong seismic ground shaking occurs. Like the Approved Project, implementation of the Proposed Project would result in potentially significant impacts related to landslides and liquefaction. The Proposed Project would not result in new or substantially more severe significant impacts in this regard, when compared to the impacts in the 2008 Certified EIR.
Pacific Oaks Commerce Center Project
Refer to Section B, Findings on `No Impact" and ` -ess Than Significant Impacts".
Mitigation Measure:
Specific Plan
The following mitigation measure(s) was included in the SEIR, and is applicable to the Proposed Project.
GS-1 Prior to issuance of a building permit, as per existing City policies, geotechnical studies shall be prepared at the time specific development projects are proposed to address site specific geotechnical considerations. The scope of each geotechnical study is based on the underlying geotechnical conditions of the individual site.
Prior to design and construction of any future developments within the project area, a comprehensive geotechnical evaluation, including development -specific subsurface exploration and laboratory testing, shall be conducted. The purpose of the subsurface evaluation is to:
Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 146 -
09/23/2024 City Council Agenda 468
1. Further evaluate the subsurface conditions in the area of proposed structures.
2. Provide specific data on potential geologic and geotechnical hazards.
3. Provide information pertaining to the engineering characteristics of earth materials in the project area.
From this data, recommendations for grading/earthwork, surface, and subsurface drainage, temporary and/or permanent dewatering, foundations, pavement structural sections, and other pertinent geotechnical design considerations will be formulated and shall be included in the grading and building plans for individual developments. General recommendations are as follows.
1. Seismic Ground Shaking — Measures to prevent risk of loss, injury or death involving seismic ground shaking include constructing new development to the latest adopted building codes. In addition, new development should not be located near active earthquake faults.
2. Erosion or Loss of Topsoil — Erosion and sediment control measures shall be implemented as required by the City's Grading and Water Quality ordinances.
3. Where Expansive Soils Exist — Measures for the design of foundations, slabs, flatwork, and other improvements subject to damage from expansive soils.
4. For Potential Areas of Soil Subsidence or Lateral Spreading — measures to prevent subsidence due to dewatering or other groundwater withdrawals, and measures to prevent lateral spreading by appropriate load distribution, foundation construction, pilings, retaining walls or other engineering controls.
Compliance with this measure shall be verified by the Community Development Department.
GS-2 Detailed geotechnical and hydrology reports shall be prepared prior to any development approval or grading activities. These reports shall specifically address erosion control and surface runoff for both construction and long-term operations on the site.
Recommendations contained in these reports to prevent soil erosion, siltation, and debris influx into the drainage system shall be implemented. Compliance with this measure shall be verified with the Community Development Department.
Finding:
Changes or alterations have been required in, or incorporated into, the Proposed Project that avoid or substantially lessen the significant environmental effect as identified in the SEIR. These changes are identified in the form of the mitigation measure(s) above. The City of Yucaipa hereby finds that implementation of the mitigation measure(s) is feasible, and the measure(s) is therefore adopted.
Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 147 -
09/23/2024 City Council Agenda 469
Rationale for Finding
Implementation of Mitigation Measure GS-1 requires the preparation of geotechnical studies that will form the basis of recommendations to construction, which shall be followed by developers and would reduce impacts to less than significant. Mitigation Measure GS-2 requires that detailed geotechnical and hydrology reports specifically address erosion control and surface runoff for both construction and long-term operations on the site and shall be prepared prior to any development approval or grading activities; impacts would be reduced to less than significant.
Impact 5.7-2: Unstable geologic unit or soils conditions, including soil erosion, could result from development of the project resulting in risks to life or property. [Thresholds G-2, G- 3, and G-41
Soil Erosion
Support for this environmental impact conclusion is fully discussed in Section 5.7, Geology and Soils, and in particular, starting on page 5.7-19 of the SEIR.
FCSP Buildout
Soil Erosion
The Ramona and Saugus soils in the southern part of the plan area are characterized by slow to rapid runoff, and the dendritic drainage pattern in this area indicates erosion of relatively soft, flat -lying sediments and soils by the stream channels. Soils in the northern part of the site are characterized by rapid permeability, but may be subject to erosion by oversteepening of slopes during construction.
Like the Approved Project, implementation of the Proposed Project would result in potentially significant impacts related to soil erosion. The Proposed Project would not result in new or substantially more severe significant impacts in this regard than were analyzed in the 2008 Certified EIR.
Expansive Soils
The soils in the study area generally consist of various types of sandy loam and loamy sand. These relatively coarse materials are classified as having a low potential for expansion. However, previously unidentified areas of expansive soils could exist and could expose people and structures to hazards.
Like the Approved Project, implementation of the Proposed Project would result in potentially significant impacts related to expansive soils. However, the Proposed Project would not result in new or substantially more severe significant impacts in this regard than were analyzed in the 2008 Certified EIR.
Lateral Spreading
The soils within the plan area are generally sandy loam and loamy sand. When saturated and subjected to strong groundshaking, there could be a moderate potential for lateral spreading due to the predominance of free -face topography, i.e., cliffs along stream beds. Like the Approved Project, implementation of the Proposed Project would result in potentially significant impacts related to lateral Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 148 -
09/23/2024 City Council Agenda 470
spreading. As such, the Proposed Project would not result in new or substantially more severe significant impacts in this regard than were analyzed in the 2008 Certified EIR.
Subsidence
Subsidence may occur in cases of substantial groundwater extraction. Based on a review of USGS, the plan area is in a recognized area of subsidence. However, a review of the actual land subsidence in the plan area in the last eight years, up to April 2023, shows that there has not been any significant land subsidence over the period. Groundwater storage by local water companies and statutory commitments to sustainable groundwater management practices reduce the potential for future land subsidence, and ongoing surveying of groundwater by local water companies provides a way to verify that their efforts in preventing subsidence are effective. In addition, a review of local well records has shown that prominent potentially compressible clay layers that could contribute to significant subsidence in dry years have not been noted in the plan area. Like the Approved Project, implementation of the proposed Specific Plan is unlikely to result in significant impacts related to subsidence. However, the Proposed Project would not result in new or substantially more severe significant impacts in this regard than were analyzed in the 2008 Certified EIR.
Pacific Oaks Commerce Center Project
Refer to Section B, Findings on `No Impact" and 1,ess Than Significant Impacts".
Mitigation Measure:
Specific Plan
The following mitigation measure(s) was included in the SEIR, and is applicable to the Proposed Project.
Implementation of Mitigation Measure GS-1 and Mitigation Measure GS-2.
Finding:
Changes or alterations have been required in, or incorporated into, the Proposed Project that avoid or substantially lessen the significant environmental effect as identified in the SEIR. These changes are identified in the form of the mitigation measure(s) above. The City of Yucaipa hereby finds that implementation of the mitigation measure(s) is feasible, and the measure(s) is therefore adopted.
Rationale for Finding
Implementation of Mitigation Measure GS-1 requires the preparation of geotechnical studies that will form the basis of recommendations to construction, which shall be followed by developers and would reduce impacts to less than significant. Mitigation Measure GS-2 requires that detailed geotechnical and hydrology reports specifically address erosion control and surface runoff for both construction and long-term operations on the site and shall be prepared prior to any development approval or grading activities; impacts would be reduced to less than significant.
Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 149 -
09/23/2024 City Council Agenda 471
Impact 5.7-4: The Proposed Project could directly or indirectly destroy a unique paleontological resource, site, or unique geologic feature. [Threshold G-6] Paleontological Resources
Support for this environmental impact conclusion is fully discussed in Section 5.7, Geology and Soils, and in particular, starting on page 5.7-25 of the SEIR.
FCSP Buildout
While there are no known paleontological resources in the FCSP area, according to Figure PR-6, Cultural and Paleontological Resource Sensitive Overlay Districts from the General Plan, the FCSP is in an area where paleontological resources are known or likely to be present. According to the 2008 Certified EIR, the rock units that underlie the plan area include Holocene active wash sediments (Qvyw) and Holocene axial -valley deposits (Qya), which are considered to have a low paleontological sensitivity if they are not underlain by San Timoteo Formation and/or older Pleistocene alluvium, and are considered to have a high paleontological sensitivity if they are underlain by San Timoteo Formation and/or older Pleistocene alluvium; Pleistocene older axial valley deposits (Qoai) and Pliocene/Pleistocene sediments of the San Timoteo Formation (Qtstu) are considered to have a high paleontological sensitivity. If significant vertebrate fossils are encountered during project implementation, disturbance of such resources would result in a potentially significant impact to paleontological resources. The Proposed Project would not result in new or substantially more severe significant impacts in this regard than in the 2008 Certified EIR.
Pacific Oaks Commerce Center
The Pacific Oaks Commerce Center project would result in the same impacts to paleontological resources as identified for the Specific Plan, and would be potentially significant, but would not result in new or substantially more severe impacts compared to the 2008 Certified EIR.
Mitigation Measure:
Specific Plan
The following mitigation measure(s) was included in the SEIR, and is applicable to the Proposed Project.
GS-3 All excavation activities in any and all areas identified as likely to contain paleontological resources will be monitored by a qualified paleontological monitor. Paleontological monitors must be equipped to salvage fossils as they are unearthed and to remove samples of sediments that are likely .to contain the remains of small fossil invertebrates and vertebrates. Monitors shall be empowered to temporarily halt all construction activity to allow removal of abundant or large specimens.
GS-4 All recovered paleontological specimens will be prepared to a point of identification and permanent preservation, including washing of sediments to recover small specimens shall be conducted. Identification and full curation of all specimens into an established, Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 150 -
09/23/2024 City Council Agenda 472
accredited museum repository with permanent retrievable paleontological storage is required.
Pacific Oaks Commerce Center Project
Implementation of Mitigation Measures GS-3 and GS-4.
Finding:
Changes or alterations have been required in, or incorporated into, the Proposed Project that avoid or substantially lessen the significant environmental effect as identified in the SEIR. These changes are identified in the form of the mitigation measure(s) above. The City of Yucaipa hereby finds that implementation of the mitigation measure(s) is feasible, and the measure(s) is therefore adopted.
Rationale for Finding
Implementation of Mitigation Measure GS-3 requires all excavation activities in any and all areas identified as likely to contain paleontological resources to be monitored by a qualified paleontological monitor. Mitigation Measure GS-4 requires mandatory staffing of paleontologically sensitive construction sites with paleontological monitors equipped to salvage fossils as they are unearthed and with the power to temporarily halt all construction activity to allow removal of abundant or large specimens, along with the required identification and full curation of all specimens into an established, accredited museum repository with permanent retrievable paleontological storage would reduce impacts to less than significant.
6. Greenhouse Gas Emissions
Specific Plan PPPs
The following are plans, programs, and policies (PPPs) that would reduce the Proposed Project's potential greenhouse gas impacts:
Design Guidelines
The FCSP Update includes the following design guidelines:
■ Site Planning: Single -Family
Climatic factors, such as prevailing winds, solar orientation, shade trees, window and door orientation, and the positioning of buildings on the site, should be coordinated to maximize energy conservation.
■ Residential Outdoor Lighting
Outdoor light fixtures, including street lights and lamps (light bulbs) that provide nighttime safety and security while conserving energy, protecting the night sky, and minimizing glare and light trespass within and beyond the project site, shall be chosen. ■ Non-residential Outdoor Lighting
Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 151 -
09/23/2024 City Council Agenda 473
Outdoor light fixtures that provide nighttime safety and security should be selected to conserve energy, protect the night sky, and minimize glare and light trespass within and beyond the project site.
Impact 5.8-2: The Proposed Project could conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases. [Threshold GHG-2]
Consistency with Plans Adopted to reduce GHG Emissions
Support for this environmental impact conclusion is fully discussed in Section 5.8, Greenhouse Gas Emissions, and in particular, starting on page 5.8-24 of the SEIR.
FCSP Buildout
CARE Scoping Plan
The adopted 2022 CARB Scoping Plan is applicable to state agencies but is not directly applicable to cities/counties and individual projects. However, new regulations adopted by the state agencies outlined in the Scoping Plan result in GHG emissions reductions at the local level. The Proposed Project would adhere to the programs and regulations identified by the Scoping Plan and implemented by state, regional, and local agencies to achieve the statewide GHG reduction goals of SB 32 and AB 1279. Table 5.8-6, FCSP Consistency to the Scoping Plan Priority Areas, of the Draft SEIR evaluates consistency of the FCSP to the three Scoping Plan local action priorities and their attributes, and indicates that the FCSP would generally be inconsistent with the priority areas pertaining to transportation electrification and building decarbonization. Thus, the FCSP is considered inconsistent with the Scoping Plan. Therefore, the Proposed Project would result in new significant impacts or a substantial increase in significant impacts compared to impacts identified in the 2008 Certified EIR.
SCAG's Regional Transportation Plan / Sustainable Communities Strategy SCAG adopted the 2020-2045 RTP/SCS (Connect SoCa� in September 2020. Connect SoCal finds that land use strategies that focus on new housing and job growth in areas rich with destinations and mobility options would be consistent with a land use development pattern that supports and complements the proposed transportation network. The uses proposed under the project would be consistent with the overall Connect SoCal Goods Movement strategy, which identifies the large demand for warehouse space in the SCAG region.
Furthermore, Connect SoCal does not require that local general plans, specific plans, or zoning be consistent with the SCS, but provides incentives for consistency to governments and developers. As described in Section 5.17, Transortation, of the Draft SEIR, the Proposed Project VMT would not exceed the City's SB 743 VMT thresholds. Therefore, the Proposed Project, like the Approved Project, would be generally consistent with much of Connect SoCal. Therefore, the Proposed Project would not result in new impacts or a substantial increase in magnitude of impacts compared to the Approved Project. Impacts related to consistency with SCAG's Connect SoCal would be less than significant.
Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 152 -
09/23/2024 City Council Agenda 474
Yucaipa Climate Action Plan
The City Climate Action Plan (CAP) includes State and local measures to reduce GHG emissions. The CAP local actions generally cover renewable energy, on -road transportation, wastewater, and water conveyance.
Renewable Energy. The energy -related measures primarily cover solar installation for existing residential and commercial uses and would generally not be applicable to the Proposed Project. ■ On -Road Transportation. The on -road transportation local action focuses on implementing smart bus technology that would increase efficiency in bus operations. This measure is implemented at the City administration level and is not applicable to the Proposed Project.
However, under the FCSP, bus stops would be permitted in all planning areas.
Wastewater/Water Conveyance. For water and wastewater, the Proposed Project would utilize recycled water for its landscaping and general outdoor water needs, which would be consistent with the Wastewater-3: Recycled Water local CAP measure. Residential lots within the FCSP would be required to have a dual -plumbing system to allow for use of potable water for indoor uses and recycled water for outdoor purposes. Use of recycled water would contribute to reducing electricity consumption associated with the transport of water.
Although the CAP also includes local action measure PS-1: GHG Performance Standard for New Development, which establishes a performance standard of 29 percent below business as usual by 2020, this measure is no longer applicable as it is beyond 2020. However, discussed under Impact 5.8- 1, the Proposed Project would result in a net reduction in GHG emissions compared to the Approved Project. Therefore, overall, implementation of the Proposed Project would not conflict or obstruct implementation of the City of Yucaipa CAP and would not result in new or a substantial increase in magnitude of impacts compared to the Approved Project.
Pacific Oaks Commerce Center
CARE Scopinp Plan
Impacts associated with the Pacific Oaks Commerce Center Project related to consistency with the CARB Scoping Plan are the same as that identified for the FCSP. The Pacific Oaks Commerce Center, like the Approved Project, would have less than significant impacts under the City's SB 743 thresholds (see Section 5.17, Transportation, of the Draft SEIR). However, while the proposed warehouses would be built to operate as all -electric buildings with no natural gas connections, the Pacific Oaks Commerce Center project would not comply with the CALGreen voluntary nonresidential Tier 2 EV parking standards. Thus, as identified above, compared to impacts identified in the Certified EIR, the Pacific Oaks Commerce Center project would result in a new impact or substantial increase in magnitude of impacts related to consistency with the Scoping Plan. Therefore, impacts would be potentially significant.
SCAG's Regional Transportation Plan /Sustainable Communities Stratepy Impacts associated with the Pacific Oaks Commerce Center Project related to consistency with SCAG's RTP/SCS are the same as that identified for the FCSP. As identified above, compared to the Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 153 -
09/23/2024 City Council Agenda 475
Approved Project, the Pacific Oaks Commerce Center project would not result in a new impact or substantial increase in magnitude of impacts related to consistency with GHG reduction plans.
Therefore, impacts would be less than significant.
City of Yucaipa Climate Action Plan
Impacts associated with the Pacific Oaks Commerce Center Project related to consistency with the CAP are the same as that identified for the FCSP. As identified above, compared to the Approved Project, the Pacific Oaks Commerce Center project would not result in a new impact or substantial increase in magnitude of impacts related to consistency with GHG reduction plans. Therefore, impacts would be less than significant.
Mitigation Measure:
The following mitigation measure(s) was included in the SEIR, and is applicable to the Proposed Project.
Specific Plan
Implementation of Mitigation Measures AQ-2 through and AQ-5 and the following Mitigation Measures:
GHG-1 The City of Yucaipa shall require applicants of development projects to install electric vehicle (EV) spaces in compliance with the Tier 2 standards under Section A5.106.5.3.2 of the Non -Residential Voluntary Measures or Section A4.106.8.2.1 of the Residential Voluntary Measures, whichever is applicable, in the 2022 California Green Building Standards Code (CALGreen). All site plans submitted to the City of Yucaipa Building and Safety Division shall illustrate compliance to either Section A5.106.5.3.2 or A4.106.8.2.1, whichever is applicable. In addition, the City of Yucaipa shall require applicants of development projects to include car/vanpool program with preferred parking and provide reserved preferential parking space for car -share, carpool, and ultra -low or zero emissions vehicles.
Prior to issuance of the certificate of occupancy, the project applicant shall provide documentation to the City of Yucaipa Planning Division that verifies compliance with this measure.
GHG-2 The City of Yucaipa shall require applicants to design and construct all buildings to be all electric with electricity to be the only permanent source of energy for water -heating, mechanical and heating, ventilation, and air conditioning (HVAC) (i.e., space -heating and space cooling), cooking, and clothes -drying. All major appliances (e.g., dishwashers, refrigerators, clothes washers and dryers, and water heaters) provided/installed are electric powered Energy Star certified or of equivalent energy efficiency where applicable. Prior to issuance of building permits, applicants shall provide plans that show the aforementioned requirements to the City of Yucaipa Planning Division. Prior to issuance of the certificate of occupancy, the City of Yucaipa Building & Safety Division shall verify installation of the electric -powered Energy Star or equivalent appliances.
Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 154 -
09/23/2024 City Council Agenda 476
Subject to approval of the Yucaipa Planning Division, an exception may be made for restaurants that require natural gas for cooking. If restaurant land uses within the Regional Commercial designation require stoves that utilize natural gas, such appliances may be permitted so long as the annual GHG emissions generated by natural gas use are offset through reduction in electricity use (e.g., solar panels, battery storage), transportation demand management measures, or other means onsite or offsite. Calculations that demonstrate the equivalent reduction of GHG emissions offset for natural gas consumed onsite shall be submitted to the Yucaipa Planning Division prior to issuance of a Certificate of Occupancy.
Pacific Oaks Commerce Center
Implementation of Mitigation Measures AQ-2 and AQ-4, and Mitigation Measures GHG-1 and GHG-2 would be required.
Finding:
Changes or alterations have been required in, or incorporated into, the Proposed Project that avoid or substantially lessen the significant environmental effect as identified in the SEIR. These changes are identified in the form of the mitigation measure(s) above. The City of Yucaipa hereby finds that implementation of the mitigation measure(s) is feasible, and the measure(s) is therefore adopted.
Rationale for Finding
Implementation of Mitigation Measure AQ-2 would result all appliances to be energy efficient, Mitigation Measure AQ-3 would require future residential development to utilize electric fireplaces in lieu or traditional and wood -burning fireplaces/stoves, Mitigation Measure AQ-4 would require the installation of Energy Star labeled roof materials, and Mitigation Measure AQ-5 would require residential developments to install energy -reducing ceiling/whole house fans. Implementation of Mitigation Measures GHG-1 and GHG-2 would ensure that development projects accommodated under the FCSP comply with the CALGreen voluntary Tier 2 EV parking standards in addition to buildings designed to be all electric. Therefore, impacts would be reduced to less than significant.
7. Hydrology and Water Quality
Impact 5.10-1: The Proposed Project may violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality without implementation of best management practices. [Threshold HYD-1].
Water Quality Standards
Support for this environmental impact conclusion is fully discussed in Section 5.10, Hydrology and Water Quality, and in particular, starting on page 5.10-18 of the SEIR.
Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 155 -
09/23/2024 City Council Agenda 477
FCSP Buildout
Potential Water Pollution Impacts from the Construction Phase The Proposed Project would result in an increase in residential units and nonresidential square footage in the plan area compared to the Approved Project. Construction of the Proposed Project would involve grading and construction equipment that could result in pollution of stormwater with oil and greases, fuels, and metals. Disturbance of soil during grading and construction could leave soil vulnerable to erosion. Project construction could also generate water pollution from paving and grinding operations, concrete work, and use of paints and other coatings. Construction projects of one acre or more are required to prepare and implement a SWPPP to obtain coverage under the CGP. A project SWPPP estimates sediment risk from construction activities to receiving waters and specifies Best Management Practices (BMPs) that would be used to minimize pollution of stormwater. Future development would also implement the requirements of Chapters 2,4 and 15 of the Yucaipa Municipal Code. However, grading activities could result in erosion impacts.
Potential Water Pollution Impacts from the Operational. Phase The City is subject to the Phase I MS4 NPDES Permit, Order No. R8-2010-0036, issued by the Santa Ana RWQCB. New development applications must include a Water Quality Management Plan (WQMP) specifying operation and maintenance requirements for all source and treatment control BMPs required to reduce pollutants in post -development runoff to the maximum extent practicable, and would address hydromodification impacts.
Individual projects within the FCSP area would be responsible for mitigating hydromodification impacts within their project limits in accordance with the TGD. Properties in the plan area would also be required to comply with the City's municipal code —including Chapter 2, Erosion and Sediment Control; Chapter 4, Section 810.0480, Stormwater Management; Chapter 15.12.340, Erosion Control; Division 5, Chapter 2, Article 2, Hillside (H) Overlay District; and Division 7, Chapter 11, Section
87.1175, Drainage. However, stored hazardous materials and wastes pursuant to nonresidential development could result in spillage or leakage that could potentially impact surface and groundwater.
However, the Proposed Project would not result in new or substantially more severe significant operational phase impacts in this regard when compared to the 2008 Certified EIR.
Pacific Oaks Commerce Center
The Pacific Oaks Commerce Center would include two large industrial buildings, parking areas, loading docks, drive aisles, detention basins, and landscaped areas. A Preliminary Water Quality Management Plan (WQMP) was prepared for the Pacific Oaks Commerce Center project to meet the requirements of the MS4 permit for the operational phase of the project (see Appendix M of the Draft SEIR). Three detention basins are proposed for the project site and would include a hydrodynamic separator and modular wetland system for runoff treatment. Stormwater runoff would sheet flow into nearby catch basins, which would route runoff to the underground detention basins and modular wetland systems.
Additional design elements are included along the proposed roadways to also provide treatment to the runoff, as shown on their project plans.
Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 156 -
09/23/2024 City Council Agenda 478
Table 5.10-2, Pacific Oaks Commerce Center Basin Volume Summary, of the Draft SEIR, shows the required runoff volumes that need to be treated on -site according to the MS4 permit, and the treatment capacity provided by the proposed on -site BMPs. As shown in Table 5.10-2, the total treatment capacity provided by the on -site BMPs surpasses the runoff volume that needs to be treated on -site. Preventive Low Impact Development (LID) site design practices and structural and nonstructural source control BMPs would also be implemented on the project site per the WQMP. While the Pacific Oaks Commerce Center project would implement the requirements of the CGP, and Chapters 2, 4, and 15 of the Yucaipa Municipal Code, hazardous materials and wastes stored on -site could result in spillage or leakage that could potentially impact surface and groundwater quality. However, the Pacific Oaks Commerce Center would not result in new or substantially more severe significant impacts in this regard when compared to the 2008 Certified EIR.
Mitigation Measure:
Specific Plan
The following mitigation measure(s) was included in the SEIR, and is applicable to the Proposed Project.
HWQ-1 Grading shall be phased so that prompt revegetation or construction will control erosion.
Where possible, only those areas which will be built on, resurfaced, or landscaped shall be disturbed.
HWQ-2 Spill containment systems shall consist of a system of dikes, walls, barriers, berms and/or other devices designed to contain the spillage of the liquid contents of the containers stored in them and to minimize the buildup of stormwater from precipitation, and nin- on from roof drainage and outside areas. If the spill containment system does not have a roof which covers the entire contained area, the spill containment system shall have the capacity to contain precipitation from at least a twenty-four (24), twenty-five (25) year rainfall event plus ten percent of the total volume of the material stored there or the volume of the largest container, whichever is greater. Spill containment systems shall also be constructed of impermeable and non -reactive materials to the liquids and/or wastes being contained.
HWQ-3 Spilled and/or leaked materials and/or wastes and any accumulated precipitation shall be removed from the spill containment system in as timely a manner as is necessary to prevent the overflow of the spill containment system. Unless otherwise approved in writing by the City Engineer, all chemicals or wastes discharged within the spill containment system shall be disposed of in accordance with all applicable federal, state, and local rules, regulations, and laws, and shall not be discharged into the public sanitary sewer system, stormwater drainage system or onto the ground.
Pacific Oaks Commerce Center Project
Implementation of Mitigation Measures HWQ-1, HWQ-2, and HWQ-3.
Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 157 -
09/23/2024 City Council Agenda 479
Finding:
Changes or alterations have been required in, or incorporated into, the Proposed Project that avoid or substantially lessen the significant environmental effect as identified in the SEIR. These changes are identified in the form of the mitigation measure(s) above. The City of Yucaipa hereby finds that implementation of the mitigation measure(s) is feasible, and the measure(s) is therefore adopted.
Rationale for Finding
Hazardous materials and wastes stored at proposed non-residential development could result in spillage or leakage that could potentially impact surface and groundwater quality. Mitigation measures HWQ- 2 and HWQ-3 include requirements pertaining to containment systems that would reduce this impact to less than significant. Grading activities could also result in erosion impacts. Mitigation Measure HWQ-1 requires that grading be phased so that prompt revegetation or construction will control erosion, and that only those areas which will be built on, resurfaced, or landscaped shall be disturbed if possible. These measures, along with regulatory requirements and standard conditions of approvals, would reduce impacts to less than significant. With the implementation of mitigation measures HWQ- 1 through HWQ-3, Impact 5.10-1 would be less than significant.
Impact 5.10.3: The Proposed Project would not substantially alter the existing drainage pattern of the site in a manner that would result in substantial erosion, siltation, cause flooding, or result in substantial water pollution with implementation of best management practices. [Threshold HYD-3(i), (ii) and (iii)]
Erosion, Siltation, Flooding
Support for this environmental impact conclusion is fully discussed in Section 5.10, Hydrology and Water Quality, and in particular, starting on page 5.10-25 of the SEIR.
FCSP Buildout
jurisdictional features within the plan area include Wildwood Creek, Yucaipa Creek, Oak Glen Creek, and drainage features in the southeastern portion (NWW-05 and NWW-06) and northeaster portion (NWW-04) of the project site. Wildwood Creek and Yucaipa Creek are the primary floodways in the plan area and would be protected by a large buffer where no construction would occur. Where appropriate, detention basins would be integrated to manage flood flows and overflow areas while protecting development farther from the creek. Property owners or project contractors would also obtain the applicable CWA Section 401 and 404 permits from USACE and the California Department of Fish and Wildlife as required.
Potential runoff is directly related to the percentage of impervious cover for various land uses; therefore, changes between peak runoff were evaluated for the Approved Project and Proposed Project. Table 5.10-3, Impervious Conditions Analysis, of the Draft SEIR, breaks down housing densities and nonresidential areas for both the Approved Project and the Proposed Project as well as the relative impervious ratios. The updated FCSP has an open space component as well as an agro-commercial tourism component. These land uses are assumed to be primarily pervious cover and are not included Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 158 -
09/23/2024 City Council Agenda 480
in this analysis. The impervious condition analysis shows the potential for an overall decrease in impervious conditions by approximately 12 acres or 3 percent.
Proposed developments in the plan area would be required to implement project -scale stormwater basins for LID compliance per project -level Stormwater Quality Management Plans (SWQMPs).
Additionally, hydromodification impacts would be addressed on a project -by -project basis in accordance with the TGD. Implementation of the Proposed Project would also trigger the need for implementation of the Wildwood Creek Basin 1 in the plan area. The basin is identified as having the capacity of up to 50 acre-feet and reducing flow rates from 6,660 cubic feet per second (cfs) to 3,350 cfs assuming all upstream basins are also implemented. Additionally, the Atwood Basin and the surrounding area would remain open space in the proposed condition land uses to allow it to be used for flood control purposes in the future if needed.
Based on the types of development anticipated in the plan area, the use of storm drain collection systems with detention basins and infiltration, or subsurface detention facilities with orifice control to regulate peak flow discharges, are anticipated. Additionally, all construction activities that disturb more than one acre would be required to prepare a SWPPP to minimize the risk of erosion or sedimentation during construction. Properties in the FCSP area would be required to comply with Division 10, Chapters 2 and 4; Title 13, Chapter 13.04; Tide 15 Chapter 15.12.340; Division 5, Chapter 3; and Division 7, Chapter 11 of the City's municipal code. Therefore, the City and County have policies in place to ensure that runoff volumes, flow durations, and velocities are at a rate that would not result in flooding, erosion, and siltation. However, grading activities could result in erosion impacts.
Pacific Oaks Commerce Center
A preliminary hydrology report for the Pacific Oaks Commerce Center was prepared (see Appendix L of the Draft SEIR). Table 5.10-4, Pmc Oaks Commerce Center Hydrology Analysis, of the Draft SEIR, summarizes the hydrology analysis and shows that the total post -development peak flow rate is below the total existing peak flow rate with the implementation of the on -site detention basins. Per the Preliminary WQMP for the project, to mitigate hydromodification impacts, the post -development 2- year peak flow needs to be reduced to 97.50 cfs. As shown in Table 5.10-4, the on -site detention basins would reduce the post -development 2-year peak flow rate to 59.14 cfs. Proposed storm drain facilities would be designed and constructed in accordance with San Bernardino County Flood Control District requirements and the City's Standard Design Guidelines for Public Works Construction and Grading.
For construction activities, a SWPPP would be required to minimize the risk of erosion or sedimentation during construction. Proposed development would also be required to comply with Division 10, Chapters 2 and 4; Title 13, Chapter 13.04; Title 15 Chapter 15.12.340; Division 5, Chapter 3; and Division 7, Chapter 11; Division 5, Chapter 2; and Division 7, Chapter 11 of the City's municipal code. However, grading activities could result in erosion impacts.
Mitigation Measure:
Specific Plan
The following mitigation measure(s) was included in the SEIR, and is applicable to the Proposed Project.
Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 159 -
09/23/2024 City Council Agenda 481
Implementation of Mitigation Measure HWQ-1.
Pacific Oaks Commerce Center Project
Implementation of Mitigation Measure HWQ-1.
Finding:
Changes or alterations have been required in, or incorporated into, the Proposed Project that avoid or substantially lessen the significant environmental effect as identified in the SEIR. These changes are identified in the form of the mitigation measure(s) above. The City of Yucaipa hereby finds that implementation of the mitigation measure(s) is feasible, and the measure(s) is therefore adopted.
Rationale for Finding
Grading activities could result in erosion or siltation impacts on- or off -site. Mitigation measure HWQ- 1 requires the grading be phased so that prompt revegetadon or construction will control erosion, and that only those areas which will be built on, resurfaced, or landscaped shall be disturbed if possible.
This measure along with regulatory requirements and standard conditions of approvals would reduce impacts to less than significant. With the implementation of mitigation measures HWQ-1, Impact 5.10- 3 would be less than significant.
8. Tribal Cultural Resources
Impact 5.18-1: The proposed project would not cause a substantial adverse change in the significance of a tribal cultural resource that is:
i) listed or eligible for listing in the California Register of Historical Resources or in a local register of historical resources as defined in Public Resources Code section 5020.1(k). [Threshold TCR-1.i]
ii) determined by the lead agency to be significant pursuant to criteria in Public Resources Code section 5024.1(c). [Threshold TCR-1.ii]
Tribal Cultural Resources
Support for this environmental impact conclusion is fully discussed in Section 5.8, Tribal Cultural Resources, and in particular, starting on page 5.18-5 of the SEIR.
FCSP Buildout
As indicated in Section 5.5, Cultural Resources, according to the updated site records, three archaeological sites that revealed presence of Native American human remains (CA-SBR-429, CA-SBR-912, and CA- SBR-913) in the plan area have been destroyed since the previous EIR was circulated. The Sacred Lands File search by the Native American Heritage Commission did not indicate the presence of known tribal cultural resources within or immediately adjacent to the project site.
The City's government -to -government consultation efforts with the Morongo Band of Mission Indians conducted pursuant to Assembly Bill 52 did not result in the identification of known tribal cultural Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 160 -
09/23/2024 City Council Agenda 482
resources in the project site. Based on the lack of identified tribal cultural resources in the project site, there is no potential for ground -disturbing activities associated with the Proposed Project to result in a substantial adverse change in the significance of a known tribal cultural resource as defined in Public Resources Code Section 21074. However, given the extent of ground -disturbing activities proposed, the historical use of the area by Native Americans, and the presence of known archaeological resources in the project site (see Section 5.5, Cultural Resources), there is the potential for unknown and/or buried tribal cultural resources to be encountered during project construction activities. Like the Approved Project, future development under the Proposed Project would be required to implement mitigation measures to reduce impacts to tribal cultural resources. Additionally, some portions of the plan area would be designated OS-C under the Proposed Project, and cultural resources within lands designated OS-C would not be impacted because these lands would be preserved in perpetuity. Therefore, the Proposed Project would not result in new or substantially more severe significant impacts in this regard, when compared to the 2008 Certified EIR.
Pacific Oaks Commerce Center
The Pacific Oaks Commerce Center project would result in the same impacts to tribal cultural resources as identified for the Specific Plan. While impacts would be potentially significant, the Pacific Oaks Commerce Center project would not result in new or substantially more severe significant impacts in this regard, when compared to the 2008 Certified EIR.
Mitigation Measure:
Specific Plan
The following mitigation measure(s) were included in the SEIR and are applicable to the Proposed Project.
Implementation of Mitigation Measures CR-2 and CR-3 would be required.
Pacific Oaks Commerce Center Project
Implementation of Mitigation Measures CR-2 and CR-3.
Finding:
Changes or alterations have been required in, or incorporated into, the Proposed Project that avoid or substantially lessen the significant environmental effect as identified in the SEIR. These changes are identified in the form of the mitigation measure(s) above. The City of Yucaipa hereby finds that implementation of the mitigation measure(s) is feasible, and the measure(s) is therefore adopted.
Rationale for Finding
Implementation of Mitigation Measures CR-2 and CR-3, which provide procedures on tribal monitoring during project -related ground disturbance, identification, avoidance, evaluation, and preservation of archaeological resources, would reduce the potential for impacts to tribal cultural resources to a less than significant level.
Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 161 -
09/23/2024 City Council Agenda 483
D. SIGNIFICANT AND UNAVOIDABLE SIGNIFICANT IMPACTS THAT CANNOT
BE MITIGATED TO BELOW THE LEVEL OF SIGNIFICANCE
The following summary describes the unavoidable adverse impacts of the Proposed Project where either mitigation measures were found to be infeasible, or the mitigation measures are under the control of another lead agency. The following impacts would remain significant and unavoidable:
1. Air. Quality
Impact 5.3-1: The Proposed Project could conflict with the South Coast AQMD's Air Quality Management Plan. [Threshold AQ-1]
Consistency With South Coast AQMD's AQMP
Support for this environmental impact conclusion is fully discussed in Section 5.3, Air Quality, and in particular, starting on page 5.3-35 of the SEIR.
FCSP Buildout
A consistency determination with the Air Quality Management Plan (AQMP) plays an important role in local agency project review by linking local planning and individual projects to the AQMP. The two principal criteria for conformance with an AQMP are: 1) Whether the project would exceed the assumptions in the AQMP, and 2) Whether the project would result in an increase in the frequency or severity of existing air quality violations, cause or contribute to new violations, or delay timeline attainment of air quality standards.
Criteria 1: Consistency with Regional Growth Assumptions. Table 5.3-11, Compahson of Population and Employment Forecast, of the Draft SEIR, compares the population and employment growth forecast under the Proposed Project to the Approved Project, and shows that the Proposed Project would result in less VMT and less VMT/SP. As a result, the Proposed Project would not substantially affect the forecast growth assumptions for the region or City. Implementation of the Proposed Project would not have the potential to substantially affect demographic projections beyond what is accounted for in the current 2022 AQMP. Therefore, the Proposed Project would be consistent with the AQMP under the first criterion.
Consistency with Regional Emissions Forecasts. Long-term emissions generated by the Proposed Project would include criteria air pollutants that exceed the South Coast AQMD significance thresholds and could substantially contribute to an increase in frequency or severity of air quality violations and would potentially conflict with the AQMP under the second criterion.
However, implementation of the Proposed Project would result in a net decrease in operation - related criteria air pollutant emissions compared to the Approved Project (see Impact 5.3-3 of the Draft SEIR). Consequently, the Proposed Project would not result in new impacts or a substantial increase in magnitude of impacts compared to the Approved Project.
Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 162 -
09/23/2024 City Council Agenda 484
Pacific Oaks Commerce Center
Impacts for the Pacific Oaks Commerce Center project are embodied in the emissions tables under Impact 5.3-2 and Impact 5.3-3, of the Draft SEIR. Similar to that of the Proposed Project, buildout of the Pacific Oaks Commerce Center project could result in emissions that exceed the South Coast AQMD thresholds and potentially conflict with the assumption of the AQMP. However, the Pacific Oaks Commerce Center Project would not result in new significant impacts or a substantial increase in significant impacts compared to the Approved Project.
Mitigation Measures Determined to be Infeasible
The following mitigation measure(s) was included in the SEIR, and is applicable to the Proposed Project.
Specific Plan
Implementation of Mitigation Measures AQ-2 through AQ-12, as well as:
AQ-1 In accordance with South Coast Air Quality Management District Rule 403, the City will require the following measures to be taken during the construction of all future development projects on the Specific Plan Site associated with the proposed Specific Plan to reduce the amount of dust and other sources of PMIo:
■ Water exposed soils at least three times daily and maintain equipment and vehicle engines in good condition and in proper tune;
■ Wash off trucks leaving development sites and water down all construction areas; ■ Replace ground cover on construction sites if it is determined that the site will be undisturbed for lengthy periods;
■ Reduce speeds on unpaved roads to less than 15 miles per hour; ■ Halt all grading and excavation operations when wind speeds exceed 25 miles per hour;
■ Properly maintain diesel -powered on -site mobile equipment; ■ Install particulate filters on off -road construction equipment; ■ Sweep streets at the end of the day if substantial visible,soil material is carried over to the adjacent streets;
■ Cover all trucks hauling dirt, sand, soil or other loose material to and from the site; ■ Limit truck construction traffic to non -peak times of the morning or afternoon; ■ Use surfactants and other chemical stabilizers to suppress dust at construction sites; and
■ Use wheel washers for construction equipment.
Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 163 -
09/23/2024 City Council Agenda 485
Pacific Oaks Commerce Center Project
Implementation of Mitigation Measures AQ-1, AQ-2, AQ-4, and AQ-7 through AQ-12, as well as the following:
AQ-6 The City of Yucaipa shall require that applicants for new development projects incorporate the following to reduce air pollutant emissions during construction activities:
Use construction equipment rated by the United States Environmental Protection Agency as having Tier 4 (model year 2008 or newer) Final or stricter emission limits for engines between 50 and 750 horsepower. If Tier 4 Final equipment is not available, the applicant shall provide documentation or demonstrate its unavailability to the City of Yucaipa Building & Safety Division prior to the issuance of any construction permits.
■ Limit nonessential idling of heavy equipment for more than three minutes. ■ Prohibit off -road diesel -powered equipment from being in the "on" position for more than 10 hours per day.
■ Use electric -powered hand tools, forklifts, and pressure washers, and provide electrical hookups to the power grid rather than use of diesel -fueled generators to supply their power, as feasible.
■ Plans submitted for grading permit issuance and building permit issuance once grid power to the site is available, shall designate an area in the construction site where electric -powered construction vehicles and equipment can charge. The provision of temporary electric infrastructure for such purpose shall be approved by the utility provider, Southern California Edison (SCE). If SCE will not approve the installation of temporary power for this purpose, the establishment of a temporary electric charging area will not be required. If electric equipment will not be used on the construction site because the construction contractor(s) does not have such equipment in its fleet, the establishment of a temporary electric charging area also will not be required. If electric powered equipment is in the contractor(s) equipment fleet, and SCE approval is secured, the temporary charging location is required to be established upon issuance of grading permits and building permits. ■ Outside of site preparation, limit the amount of daily grading disturbance area, as feasible.
During construction, the construction contractor shall maintain a list of all operating equipment in use on the construction site for verification by the City of Yucaipa. The construction equipment list shall state the makes, models, Equipment Identification Numbers, Engine Family Numbers, and number of construction equipment on -site. ■ Use paints with a VOC content that meets the South Coast Air Quality Management District Super Compliant architectural coatings standard of 10 grams per liter (g/L) or less for coating building architectural surfaces.
Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 164 -
09/23/2024 City Council Agenda 486
■ Use paints with a VOC content of 50 g/L or less for parking areas and surfaces. ■ Provide information on transit and ridesharing programs and services to construction employees.
■ Provide meal options onsite or shuttles between the facility and nearby meal destinations for construction employees, as feasible.
These identified measures shall be incorporated into all appropriate construction documents (e.g., construction management plans) submitted to the City and shall be verified by the City's Planning Division.
Rationale
Operation of the Proposed Project would exceed the South Coast AQMD regional significance thresholds and have the potential to conflict with the South Coast AQMD's AQMP. Mitigation Measures for construction and operation would reduce emissions to the extent feasible. However, Impact 5.3-1 would be significant and unavoidable for the Proposed Project.
Finding:
Specific economic, legal, social, technological, or other considerations, including provision of employment and residential opportunities, make infeasible the mitigation measures or project alternatives identified above under Mitigation Measures Determined to be Infeasible.
The City finds that there are no other mitigation measures that are feasible, taking into consideration specific economic, legal, social, technological or other factors, that would mitigate this impact to a less - than -significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment and residential opportunities, make infeasible the alternatives identified in the SEIR, as discussed in Section D of these Findings (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the Proposed Project outweigh its significant effects on the environment.
Impact 5.3-2: Construction activities associated with the Proposed Project would generate short- term emissions that exceed South Coast AQMD's significance thresholds and would cumulatively contribute to the nonattainment designations of the SoCAB. [Threshold AQ-2]
Regional Construction Emissions
Support for this environmental impact conclusion is fully discussed in Section 5.3, AirQualio, and in particular, starting on page 5.3-37 of the EIR.
Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 165 -
09/23/2024 City Council Agenda 487
FCSP Buildout
Construction of the Proposed Project would generate criteria air pollutants associated with construction equipment exhaust and fugitive dust from various construction activities. A conservative estimate of maximum daily construction emissions associated with the Proposed Project, including the Pacific Oak Commerce Center project, are provided in Table 5.3-12, FCSP Maximum Daily Regional Construction Emissions, of the Draft SEIR. For this program -level review it is not possible to forecast the exact timing of each individual development project. Therefore, the maximum daily emissions construction estimate is based on the most intensive construction phase, which is the development of the Pacific Oaks Commerce Center because It involves the largest area of disturbance. In addition, there is potential for other development phases to overlap, such as the approved Countyline Warehouse project.
According to South Coast AQMD methodology, any project that does not exceed or can be mitigated to less than the daily threshold values would not add significantly to a cumulative impact. As shown in Table 5.3-12, construction of the Proposed Project would generate maximum daily VOC, NOx, and CO emissions that would exceed the respective South Coast AQMD regional construction thresholds.
Therefore, short-term air quality impacts from construction activities related to the Proposed Project would be potentially significant.
Pacific Oaks Commerce Center
As shown in Table 5.3-12, construction activities associated with the Pacific Oaks Commerce Center would generate maximum daily emissions that exceed the South Coast regional significance thresholds for VOC, NOx, and CO. The primary source of NOx and CO would be operation of off -road equipment during the grading and land forming of the overall 238-acre area. The primary sources of VOCs would be from paints used during architectural coating, followed by operation of equipment and construction vendor and worker vehicle trips. Overall, the short-term impacts from construction activities associated with Pacific Oaks Commerce Center would be potentially significant. Additionally, similar to the overall Proposed Project.
Mitigation Measures Determined to be Infeasible
The following mitigation measure(s) was included in the SEIR, and is applicable to the Proposed Project.
Specific Plan
Implementation of Mitigation Measures AQ-1 and AQ-6.
Pacific Oaks Commerce Center Project
Implementation of Mitigation Measures AQ-1 and AQ-6.
Rationale
Construction of the Proposed Project, like the Approved Project, would exceed the South Coast AQMD regional significance thresholds. Table 5.3-23, Maximum Daily Regional Construction Emissions.
Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 166 -
09/23/2024 City Council Agenda 488
With Mitigation, of the Draft SEIR, shows the maximum daily construction emissions with implementation of Mitigation Measures AQ-1 and AQ-6. As shown in the table, though mitigation would substantially reduce construction -related VOC, NOx, and CO emissions, the regional significance thresholds for these criteria air pollutants would still be exceeded for Phase 1.
Implementation of mitigation would reduce the maximum daily emissions of VOC for Phases 2 through 7 to below the regional significance threshold. For the Pacific Oaks Commerce Project, Table
5.3-23 shows that implementation of Mitigation Measure AQ-6 would reduce VOC emissions to below the regional significance threshold. However, construction activities associated with the Pacific Oaks Commerce Center would continue to generate NOx and CO emissions that exceed the respective South Coast AQMD regional significance thresholds. As such, Impact 5.3-2 would be significant and unavoidable for the Proposed Project.
Finding:
Specific economic, legal, social, technological, or other considerations, including provision of employment and residential opportunities, make infeasible the mitigation measures or project alternatives identified above under Mitigation Measures Determined to be Infeasible.
The City finds that there are no other mitigation measures that are feasible, taking into consideration specific economic, legal, social, technological or other factors, that would mitigate this impact to a less - than -significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment and residential opportunities, make infeasible the alternatives identified in the SEIR, as discussed in Section D of these Findings (Public Resources Code §� 21081(a)(1), (3); Guidelines §� 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the Proposed Project outweigh its significant effects on the environment.
Impact 5.3-3: Operational activities associated with the Proposed Project would generate long- term emissions that exceed South Coast AQMD's significance thresholds that cumulatively contribute to the nonattainment designations of the SoCAB. [Thresholds AQ-2]
Regional Operational Emissions
Support for this environmental impact conclusion is fully discussed in Section 5.3, AirQuality, and in particular, starting on page 5.3-39 of the EIR.
FCSP Buildout
Table 5.3-13, FCSP Maximum Daily Regional Operation Emissions, of the Draft SEIR, provides a conservative estimate of the maximum daily operations emissions associated with the Proposed Project and the net change in maximum daily emissions from its implementation compared to the Approved Project. As shown in this table, as a standalone, implementation of the Proposed Project would exceed the South Coast AQMD regional significance thresholds for VOC, NOx, CO, PM10, and PM2.5 and cumulatively contribute to the nonattainment designations of the SoCAB. However, compared to the Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 167 -
09/23/2024 City Council Agenda 489
Approved Project, the Proposed Project would result in an overall net decrease in long-term emissions for all criteria air pollutants. Therefore, the Proposed Project would not result in new significant impacts or a substantial increase in significant impacts compared to the Approved Project.
Overlapping Construction and Operational Emissions
Full implementation of the Proposed Project could occur 20 years or longer depending on market demand. Thus, its implementation could result in the simultaneous operation and construction of land uses. Table 5.3-14, Overlapping Construction and Operational Phase Emissions, of the Draft SEIR, shows the potential maximum daily emissions from overlap of construction (post -Phase 1) and operation -related (buildout) activities. Overall, it is anticipated that construction emissions between the Proposed and Approved Projects would be similar, and thus the construction phase emissions shown in the table are representative for both. Because the Proposed Project would be implemented in place of the Approved Project, the total combined Approved Project maximum daily emissions are subtracted from the total combined Proposed Project maximum daily emissions. As shown, there would be a net decrease in emissions when compared to the Approved Project. Therefore, the Proposed Project would not result in new significant impacts or a substantial increase in significant impacts compared to the Approved Project.
Pacific Oaks Commerce Center
Table 5.3-15, Pacific Oaks Commerce CenterMaximum Daily RegionalOperation Emissions, of the Draft SEIR, shows the maximum daily criteria air pollutant emission generated from operation of the Pacific Oaks Commerce Center under opening year 2026 conditions. As shown in the table, long-term emissions of VOC, NOx, and CO would exceed the respective South Coast AQMD regional significance thresholds; therefore, the Pacific Oaks Commerce Center project would cumulatively contribute to the nonattainment designations of the SoCAB: However, the Pacific Oaks Commerce Center is encompassed within the greater FCSP, and as shown in Table 5.3-14, of the Draft SEIR, the overall FCSP would result in a net decrease in criteria air pollutant emissions compared to the Approved Project. Therefore, the Pacific Oaks Commerce Center would not result in new significant impacts or a substantial increase in significant impacts compared to the Approved Project.
Mitigation Measures Determined to be Infeasible
The following mitigation measure(s) was included in the SEIR, and is applicable to the Proposed Project.
Specific Plan
Implementation of Mitigation Measures AQ-2 through AQ-5, and AQ-7 through AQ-11.
Pacific Oaks Commerce Center Project
Implementation of Mitigation Measures AQ-2, AQ-4, and AQ-7 through AQ-11.
Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 168 -
09/23/2024 City Council Agenda 490
Rationale
Long-term operation of the Proposed Project, like the Approved Project, would exceed the South Coast AQMD regional significance thresholds. Table 5.3-24, FCSP Maximum Daily Reg ional Operational Emissions: With Mitigation, of the Draft SEIR, shows the maximum daily operational phase emissions with implementation of Mitigation Measures AQ-2 through AQ-5 and AQ-7 through AQ-11, would reduce emissions, however, the regional significance thresholds for these criteria air pollutants would still be exceeded. Table 5.3-25, Pacific Oaks Commerce Center Maximum Daily Regional Operational Emissions:
With Mitigation, of the Draft SEIR, shows the maximum daily operational phase emissions with implementation of Mitigation Measures AQ-2 and AQ-4, and AQ-7 through AQ-11 for the Pacific Oaks Commerce Project. As shown in the table, though mitigation would reduce emissions, the regional significance thresholds for VOC and NOx would still be exceeded. Impact 5.3-3 would be significant and unavoidable.
Finding:
Specific economic, legal, social, technological, or other considerations, including provision of employment and residential opportunities, make infeasible the mitigation measures or project alternatives identified above under Mitigation Measures Determined to be Infeasible.
The City finds that there are no other mitigation measures that are feasible, taking into consideration specific economic, legal, social, technological or other factors, that would mitigate this impact to a less - than -significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment and residential opportunities, make infeasible the alternatives identified in the SEIR, as discussed in Section D of these Findings (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the Proposed Project outweigh its significant effects on the environment.
Impact 5.3-4: Construction of the Proposed Project could expose sensitive receptors to substantial pollutant concentrations of toxic air contaminants. [Threshold AQ-3] Exposure of Sensitive Receptors to Pollutants During Construction Support for this environmental impact conclusion is fully discussed in Section 5.3, AirQuality, and in particular, starting on page 5.3-43 of the EIR.
FCSP Buildout
Construction -Phase Localized Significance Thresholds
Construction activities under the Proposed Project would temporarily increase localized concentrations of criteria air pollutants. Construction activities associated with the Proposed Project cause short-term emissions of criteria air pollutants. Due to the scale of development activity associated with buildout of the Proposed Project, localized emissions could exceed the South Coast AQMD localized Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 169 -
09/23/2024 City Council Agenda 491
significance thresholds. While no specific development projects have been proposed for Phases 2 through 7, construction details associated with the Pacific Oaks Commerce Center project are known.
The Pacific Oaks Commerce Center project represents the worst -case scenario for maximum daily construction emissions and magnitude of impacts for the FCSP due to the construction intensity required for its development and proximity to sensitive receptors.
Based on the construction LST analysis prepared for the Pacific Oaks Commerce Center Project (see Table 5.3-17 of the Draft SEIR), construction activities would not generate emissions resulting in concentrations that would exceed the construction LSTs. The Certified EIR did not quantify localized construction emissions impacts. Compared to the Approved Project, the Proposed Project would have similar impacts as the Approved Project because the Proposed Project would disturb approximately the same portions of the plan area and would no longer result in redevelopment of the pumpkin patch.
Additionally, the Proposed Project would generally require a similar mix of off -road construction equipment for ground disturbing activities.
Construction -Phase Toxic Air Contaminants
Future construction of individual development projects accommodated under the FCSP would temporarily elevate concentrations of TACs and DPM in the vicinity of sensitive land uses. Since the details regarding future construction are not known at this time, quantification of health risk levels is not applicable for the program -level analysis of the FCSP. The Pacific Oaks Commerce Center project is used to gauge potential construction -related health risk impacts of future development projects within the FCSP because this project is the most intensive and sensitive receptors are within 82 feet (25-meters) of construction activities.
Based on the construction health risk analysis prepared for the Pacific Oaks Commerce Center Project (see Table 5.3-18 of the Draft SEIR), construction activities would not generate emissions resulting in health risk levels that would exceed the health risk significance thresholds; with mitigation health risk would be substantially below the thresholds (see Table 5.3-29 of the Draft SEIR). However, while future individual development projects may not exceed the health risk significance thresholds on their own, because health risk effects are additive by nature, the construction activities of all land uses accommodated under the FCSP could result in combined risk levels that exceed the thresholds. Thus, health risks from buildout of the FCSP are conservatively identified as potentially significant. As stated, it is anticipated that both the Approved Project and Proposed Project would result in similar construction -related effects and impacts of both would be similar in size and development scope.
Therefore, overall, the Proposed Project would not result in new significant impacts or a substantial increase in significant impacts compared to the Approved Project.
Pacific Oaks Commerce Center Project
Refer to Section B, Findings on `No Impact" and `Less Than Significant Impacts".
Mitigation Measures Determined to be Infeasible
The following mitigation measure(s) was included in the SEIR, and is applicable to the Proposed Project.
Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 170 -
09/23/2024 City Council Agenda 492
Specific Plan
Implementation of Mitigation Measure AQ-6.
Rationale
Implementation of Mitigation Measure AQ-6 would require future projects accommodated under the FCSP to use off -road equipment fitted with engines that meet the EPA's Tier 4 Final standards for emissions. This measure would reduce TAC emissions from off -road construction equipment. Though individual future projects might have less than significant health risk impacts, construction activities associated with development of all the land uses accommodated under the FCSP could contribute to elevated levels in the area. Therefore, out of an abundance of caution, Impact 5.3-4 is conservatively identified as significant and unavoidable.
Finding:
Specific economic, legal, social, technological, or other considerations, including provision of employment and residential opportunities, make infeasible the mitigation measures or project alternatives identified above under Mitigation Measures Determined to be Infeasible.
The City finds that there are no other mitigation measures that are feasible, taking into consideration specific economic, legal, social, technological or other factors, that would mitigate this impact to a less - than -significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment and residential opportunities, make infeasible the alternatives identified in the SEIR, as discussed in Section D of these Findings (Public Resources Code §§ 21081(a)(1), (3); Guidelines 5§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the Proposed Project outweigh its significant effects on the environment.
2. Greenhouse Gas Emissions
Impact 5.8.1: The Proposed Project would generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment but would be less than that of the Approved Project. [Threshold GHG-1]
Greenhouse Gas Emissions
Support for this environmental impact conclusion is fully discussed in Section 5.8, Greenhouse Gas Emissions, and in particular, starting on page 5.12-84 of the SEIR.
FCSP Buildout
Implementation of the Proposed Project would generate GHG emissions from vehicle trips, TRUs, off -road equipment, water demand, wastewater and solid waste generation, area sources, and energy usage. The Proposed Project would be required to comply with the applicable Building Energy Efficiency Standards and CALGreen. The Proposed Project would also include project design features Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 171 -
09/23/2024 City Council Agenda 493
that address water conservation and water efficient landscaping that would comply with CALGreen.
These features would all help to reduce GHG emissions. The Proposed Project emissions are shown in Table 5.8-4, GHG Emissions of the Proposed Project Compared to the Approved Project, of the Draft SEIR.
Construction -related emissions of the Approved Project and Proposed Project would be similar. As shown in the table, GHG emissions from the Proposed Project would not exceed GHG emissions generated by the Approved Project. However, both the Approved Project and Proposed Project would exceed the no -net increase in GHG emissions thresholds. Consequently, GHG emissions associated with the Proposed Project are considered significant. However, the Proposed Project would not result in a new or a substantial increase in GHG emissions impacts compared to the Approved. Project.
Pacific Oaks Commerce Center
GHG emissions associated with the Pacific Oak Commerce Center emissions are shown in Table 5.8- 5, Pacific Oaks Commerce Center GHG Emissions Inventory, of the Draft SEIR. As identified in this table, the Pacific Oaks Commerce Center Project would exceed the no -net increase threshold for GHG emissions that is conservatively used for the impact analysis. However, as identified in Table 5.8-4, overall emissions of the Proposed Project would be less than that of the Approved Project. Therefore, the Pacific Oaks Commerce Center would not result in a new or substantial increase in GHG emissions impacts compared to the Approved Project.
Mitigation Measures Determined to be Infeasible
The following mitigation measure(s) was included in the SEIR, and is applicable to the Proposed Project.
Specific Plan
Implementation of Mitigation Measures AQ-2 through AQ-5, GHG-1, and GHG-2.
Pacific Oaks Commerce Center Project
Implementation of Mitigation Measures AQ-2 and AQ-4, GHG-1, and GHG-2.
Rationale
The Proposed Project, like the Approved Project, would generate GHG emissions that exceed the conservative no -net increase threshold. Implementation of the applicable mitigation measures would reduce emissions to the extent feasible, as shown in Table 5.8-7, GHG Emissions of the Proposed Project Compared to the Approved Project, With Mitigation, of the Draft SEIR, and Table 5.8-8, Pacific Oaks Commerce Center GHG Emissions Inventory, With Mitigation, of the Draft SEIR. However, the Proposed Project emissions would still exceed the no -net increase GHG emissions threshold. Therefore, Impact 5.8-1 would be significant and unavoidable.
Finding:
Specific economic, legal, social, technological, or other considerations, including provision of employment and residential opportunities, make infeasible the mitigation measures or project alternatives identified above under Mitigation Measures Determined to be Infeasible.
Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 172 -
09/23/2024 City Council Agenda 494
The City finds that there are no other mitigation measures that are feasible, taking into consideration specific economic,, legal, social, technological or other factors, that would mitigate this impact to a less - than -significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment and residential opportunities, make infeasible the alternatives identified in the SEIR, as discussed in Section D of these Findings (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the Proposed Project outweigh its significant effects on the environment.
3. Noise
Impact 5.13.2: Implementation of the Proposed Project would result in substantial long-term operation -related noise that could exceed the City's noise standards. [Threshold N-11
Operational Noise
Support for this environmental impact conclusion is fully discussed in Section 5.13, Noise, and in particular, starting on page 5.13-23 of the SEIR.
FCSP Buildout
Implementation of the Proposed Project may result in exposure of persons to noise levels in excess of standards established in the City of Yucaipa's Municipal Code and Development Code from activities taking place at loading docks, parking lots, and mechanical noise. This potentially significant impact may occur at existing off -site noise -sensitive properties in the near vicinity of the proposed nonresidential land uses. Like the Approved Project, the Proposed Project would result in a substantial permanent increase in ambient noise levels in the vicinity of the plan area above levels as a result of activities on -site. For the program -level evaluation, it is speculative to identify where these types of operational noise sources and activities would occur relative to sensitive receptors. Therefore, the permanent noise level increase would continue to be a significant impact in the absence of mitigation.
However, the Proposed Project would not result in new or substantially more severe significant impacts in this regard compared to the Approved Project.
Pacific Oaks Commerce Center Project
Refer to Section B, Finding on `No Impact" and 'Less Than Significant Impacts':
Mitigation Measures Determined to be Infeasible
Specific Plan
The City requires applicants for new development projects to submit a noise study to mitigate operational noise impacts in accordance with the following COAs:
Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 173 -
09/23/2024 City Council Agenda 495
■ Subdivision 100, CUP 67
■ Subdivision 135, CUP 68
■ Subdivision 41
■ CUP 13
At the plan level, these impacts are considered potentially significant, and no additional feasible mitigation measures are applicable.
Rationale
Implementation of the Proposed Project would result in a substantial long-term operation -related noise that could exceed the City's noise standards. The City requires applicants for new development projects to submit a noise study to mitigate operational noise impacts in accordance with the standard COAs.
However, at the plan level, Impact 5.13-2 is considered significant and unavoidable.
Finding:
Specific economic, legal, social, technological, or other considerations, including provision of employment and residential opportunities, make infeasible the mitigation measures or project alternatives identified above under Mitigation Measures Determined to be Infeasible.
The City finds that there are no other mitigation measures that are feasible, taking into consideration specific economic, legal, social, technological or other factors, that would mitigate this impact to a less - than -significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment and residential opportunities, make infeasible the alternatives identified in the SEIR, as discussed in Section D of these Findings (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the Proposed Project outweigh its significant effects on the environment.
Impact 5.13.3: Implementation of the Proposed Project would result in a substantial increase in long-term traffic -related noise levels that exceed local standards. [Threshold N-1] Traffic -Related Noise Levels
Support for this environmental impact conclusion is fully discussed in Section 5.13, Noise, and in particular, starting on page 5.13-26 of the SEIR.
FCSP Buildout
Without -Interchange Traffic Noise Levels Increases
Table, 5.13-13, Proposed Project Without Interchange Trafc Noise Levels, of the Draft SEIR, identifies future traffic noise levels in the plan area at buildout with implementation of the Proposed Project without the Wildwood Canyon Interchange project. The future with Proposed Project conditions would range Freeway Corridor Specific Plan Project
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from 64.8 to 75.1 dBA CNEL, and off -site traffic noise level increases would range from 0.5 to 6.1 dBA CNEL. This incremental noise level increase would exceed the applicable significance thresholds for five study area roadway segments. Therefore, the Proposed Project's contribution to future off -site traffic noise levels would result in a potentially significant off -site traffic noise impact.
With -Interchange Traffic Noise Levels Increases
Table, 5.13-14, Proposed Project With Interchange Traffic Noise Levels, of the Draft SEIF, identifies future traffic noise levels in the plan area at buildout with implementation of the Proposed Project with the Wildwood Canyon Interchange project. The future with interchange plus Proposed Project conditions would range from 64.6 to 75.8 dBA CNEL, and off -site traffic noise level increases would range from
0.5 to 6.2 dBA CNEL. This incremental noise level increase would exceed the applicable significance thresholds for five study area roadway segments. Therefore, the Proposed Project's contribution to future with interchange off -site traffic noise levels would result in a potentially significant off -site traffic noise impact.
Pacific Oaks Commerce Center
Opening Year
Without -Interchange Traffic Noise Level Increases
Table 5.13-15, Pack Oaks Commerce Center Opening Year Without Interchange Traffic Noise Levels, of the Draft SEIR, presents the traffic noise levels associated with the Pacific Oaks Commerce Center in the absence of the Wildwood Canyon interchange at the receiving land use. Traffic noise levels with the project would range from 61.1 to 73.7 dBA CNEL with the Pacific Oaks Commerce Center Project and off -site traffic noise level increases would range from 0 to 8.5 dBA CNEL. This incremental noise level increase would exceed the applicable significance thresholds (see Table 5.13-6) for this scenario for one study area roadway segment. Therefore, the Pacific Oaks Commerce Center project's contribution to off -site traffic noise would result in a potentially significant off -site traffic noise impact.
With -Interchange Traffic Noise Level Increases
Table 5.13-16, Pack Oaks Commerce Center Opening Year Without Interchange Traffic Noise Levels, of the Draft SEIR, presents the traffic noise levels associated with the Pacific Oaks Commerce Center with the Wildwood Canyon interchange at the receiving land use. Because the Wildwood Canyon interchange project is not anticipated to be operational until post -operation of the Pacific Oaks Commerce Center project and there is no internal connection to the Wildwood Canyon interchange at opening year, this scenario is hypothetical. Traffic noise levels with the project would range from 60.6 to 72.3 dBA CNEL, and off -site traffic noise level increases range from 0 to 3.3 dBA CNEL. Based on the significance criteria for off -site traffic noise (see Table 5.13-6), land uses adjacent to the plan area roadway segments would experience less than significant noise level increases at receiving land uses with the Pacific Oaks Commerce Center project under this scenario.
Plan Horizon Year
Without -Interchange Traffic Noise Level Increases
Table 5.13-17, Pacific Oaks Commerce Center Plan Horizon Year Without Interchange Project Traffic Noise Levels, of the Draft SEIR, presents traffic noise levels associated with the Pacific Oaks Commerce Center Freeway Corridor Specific Plan Project
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project at the plan horizon year without traffic CNEL noise levels. This table shows that the with - project traffic noise levels would range from 64.0 to 75.3 dBA CNEL, and off -site traffic noise increases would range from 0 to 5.2 dBA CNEL. This incremental noise level increase would exceed the applicable significance thresholds (see Table 5.13-6) for this scenario for two study area roadway segments. Therefore, the Pacific Oaks Commerce Center project's contribution to off -site traffic noise at the plan horizon year would result in a potentially significant off -site traffic noise impact.
With -Interchange Traffic Noise Level Increases
Table 5.13-18, Pa�zfic Oaks Commerce Center Plan Horizon Year With Interchange Project Traic Noire Level , of the Draft SEIR, presents the 2050 Interchange without -project conditions CNEL noise levels. This table shows that with project traffic noise levels will range from 64.1 to 74.1 dBA CNEL and off -site traffic noise level increases would range from 0.0 to 1.2 dBA CNEL. Based on the significance criteria for off -site traffic noise (see Table 5.13-6), land uses adjacent to the plan area roadway segments would experience less than significant noise level increases on receiving land uses from the Pacific Oaks Commerce Center project.
Mitigation Measures Determined to be Infeasible
Specific Plan and the Pacific Oaks Commerce Center Project Similar to that identified in the 2008 Certified EIR, it is not considered practical or feasible to mitigate traffic noise impacts because it would require making alterations to private off -site properties over which applicants of future development projects would have no control. Therefore, no feasible mitigation measures have been identified.
Rationale
Implementation of the Proposed Project would result in a substantial increase in long-term traffic - related noise levels that exceed local standards. Similar to that identified in the 2008 Certified EIR, it is not considered practical or feasible to mitigate traffic noise impacts because it would require making alterations to private off -site properties over which applicants of future development projects would have no control. Impact 5.13-3, plan -level and cumulative traffic noise impacts, is considered significant and unavoidable.
Finding:
Specific economic, legal, social, technological, or other considerations, including provision of employment and residential opportunities, make infeasible the mitigation measures or project alternatives identified above under Mitigation Measures Determined to be Infeasible.
The City finds that there are no other mitigation measures that are feasible, taking into consideration specific economic, legal, social, technological or other factors, that would mitigate this impact to a less - than -significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment and residential opportunities, make infeasible the alternatives identified in the SEIR, as discussed in Section D of these Findings (Public Resources Code §§ 21081(a) (1), (3); Guidelines §� 15091(a) (1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable Freeway Corridor Specific Plan Project
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because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the Proposed Project outweigh its significant effects on the environment.
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IV. FINDINGS ON RESPONSES TO COMMENTS AND REVISIONS TO THE
DRAFT SEIR
The Final SEIR contains response to comments, clarifications, revisions, and corrections to the Draft SEIR. The focus of the response to comments is on the disposition of significant environmental issues as raised in the comments, as specified by State CEQA Guidelines Section 15088(b). The City provided written responses to each comment made by a public agency, as set forth in the Final SEIR, pursuant to State CEQA Guidelines Section 15088(b), and revisions and corrections to the Draft SEIR are found in the Final SEIR.
CEQA requires that a lead agency recirculate an EIR when significant new information is added to the EIR after public notice is given of the availability of a draft EIR for public review, but before certification. "Information" includes changes in a project. Recirculation is not required where the new information added to the EIR merely clarifies, amplifies or makes insignificant modifications in an adequate EIR.
New information is not considered significant unless an EIR is changed in a way that deprives the public of a meaningful opportunity to comment upon a substantial adverse environmental effect of a project or a feasible way to mitigate or avoid such an effect, that a project's proponents have declined to implement. "Significant new information" includes a disclosure showing that:
■ A new significant environmental impact would result from the project or from a new mitigation measure proposed to be implemented;
■ A substantial increase in the severity of an environmental impact would result unless mitigation measures are adopted;
■ A feasible project alternative or mitigation measure considerably different from others previously analyzed would clearly lessen the significant environmental impacts of the project, but the project's proponents decline to adopt it; or
■ A draft EIR was so fundamentally and basically inadequate and conclusory in nature that meaningful public review and comment were precluded.
The changes to the project include the following:
■ Renaming the `Agricultural Tourism" designation to `Agro-Commercial Tourism." Revising the land use map to redesignate land that is currently under agricultural production from Open Space — Conservation (OS-C) to Open Space (OS). This redesignation would for the continued agricultural production of the existing agricultural land; this modification is insignificant and does not add any additional information. The updated Proposed Project Buildout Statistical Summary is shown in Table 1 below.
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Table 1 Proposed Project Buildout Statistical Summary
Designation
Acres
Dwelling Units
Population'
Non-residential SF2
Em to ees3
Residential
225.8
2,472
6,823
NA
NA
Regional Commercial (RC)3
72.2 NA
NA
1,100,761
791
Business Park (BP)4
223.1
NA
NA
3,992,503
1,891
Agro-Commercial Tourism (AG)4
48.8 NA
NA
NA
NA
Open Space (OS)5
336 6
NA
NA
NA
NA
Open Space — Conservation (OS-C)5
143-7
NA
NA
NA
NA
Existing ROW
15.1 NA
NA
NA
NA
Not a Part (N.A.P)6
154.6
NA
NA
NA
NA
TOTAL
1,2387
2,472
6,823
5,093,265
2,682
Notes: Totals may not add to 100 percent due to rounding. SF = square feet; ROW = right-of-way. 1 Based on 2.76 people per unit (DOF 2022).
2 Acres to square feet based on the maximum FAR allowed in the proposed FCSP of 0.35 for RC. Planning areas BP 2, BP 3, and 19.32 acres of BP 6 are based on the project -level data for the Pacific Oak Commerce Center project (2,054,000 square feet) and the County Line Warehouse project (366,423 square feet). The remaining acreage for planning area BP 6 (9.68 acres) and planning areas BP 1 and BP 4 is based on a maximum FAR of 0.5. It should be noted that planning area BP 4 is the Caltrans rest stop and would remain a rest stop at buildout, as Caltrans currently owns this property. However, there is an agreement that should Caltrans close the rest stop, this property would revert to the Robinson Properties ownership. As a result, square footage associated with this acreage is accounted for to provide a conservative estimate of the potential BP land uses at buildout. 3 Based on 1,392 square feet per employee for RC uses and 2,111 square feet per employee for BP uses (SCAG 2001). 4 The Live Oak Canyon Pumpkin Farm has associated employment, but there are no changes to this land use between existing conditions and the Proposed Project scenarios. The Live Oak Canyon Pumpkin Patch and Christmas Tree Farm is seasonal and employment fluctuates, with peak employment during the fall. 5 Open Space (OS) and Open Space -Conservation (OS-C) acreage is estimated based on the conceptual grading plan. 6 The WRF is identified as Not a Part in the FCSP Update because it is solely owned by the YVWD. 7 Acreage for the FCSP Update based on GIS. This four -acre difference between the 2008 Specific Plan acreage (1,242 acres) and the Specific Plan Update acreage (1,238 acres) is based on minor differences in how the boundary was mapped in 2008 and attributed to existing ROW.
The potential changes to the Land Use Plan described above do not substantially increase the magnitude of existing environmental impacts, nor do they increase the severity of impacts in comparison to the Approved Project.
With the proposed changes, the proposed project will result in 143.7 acres of Open Space — Conservation (OS-C) land and 336.6 acres of Open Space (OS) land, compared to the land use map circulated as part of the Draft SEIR (see Table 1). Neither the OS-C nor the OS conservation allow for residential or commercial uses. The purpose of this change is solely to allow for continued agricultural production in areas that are currently being farmed. Additionally, Mitigation Measure B-10 would ultimately require approximately 155 acres of land to be placed in long-term protection. Therefore, there would be no change in habitat loss as evaluated in the SEIR or acreage conservated as a result of the redesignation.
■ The purpose of Mitigation Measure B-10 and the OS-C and OS designations are to ensure there is sufficient area along key corridors for wildlife movement. Land under agricultural production allows for wildlife movement. Therefore, the change from OS-C to OS designation to allow for continued agriculture in areas currently being farmed would not affect the wildlife movement. The redesignation of the current agricultural use from Open Space — Conservation (OS-C) to Open Space (OS) would not inhibit the wildlife movement.
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City staff has reviewed this material and determined that none of this material constitutes the type of significant new information that requires recirculation of the Draft SEIR for further public comment under CEQA Guidelines Section 15088.5. None of this new material indicates that the project will result in a significant new environmental impact not previously disclosed in the Draft SEIR.
Additionally, none of this material indicates that there would be a substantial increase in the severity of a previously identified environmental impact that will not be mitigated, or that there would be any of the other circumstances requiring recirculation described in Section 15088.5 of the CEQA Guidelines.
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V. ALTERNATIVES TO THE PROPOSED PROJECT
An EIR must briefly describe the rational for selection and rejection of alternatives. The lead agency may make an initial determination as to which alternatives are feasible, and therefore, merit in-depth consideration, and which ones are infeasible.
A. ALTERNATIVES CONSIDERED AND REJECTED DURING THE
SCOPING/PROJECT PLANNING PROCESS
The following is a discussion of the alternatives considered during the scoping and planning process and the reasons why they were not selected for detailed analysis in the SEIR.
1. Alternative Development Areas
CEQA requires that the discussion of alternatives focus on alternatives to the project or its location that are capable of avoiding or substantially lessening any significant effects of the project. The key question and first step in the analysis is whether any of the significant effects of the project would be avoided or substantially lessened by putting the project in another location. Only locations that would avoid or substantially lessen any of the significant effects of the project need be considered for inclusion in the EIR (CEQA Guidelines § 15126[5][B][1]). Key factors in evaluating the feasibility of potential offsite locations for EIR project alternatives include:
■ If it is in the same jurisdiction.
■ Whether development as proposed would require a General Plan Amendment. ■ Whether the project applicant could reasonably acquire, control, or otherwise have access to the alternative site (or the site is already owned by the proponent) (CEQA Guidelines Section 15126[fJ [1]).
The City does not own or control other comparably sized properties within its jurisdiction.
Additionally, the purpose of the Proposed Project is to amend the existing Specific Plan to accommodate changes in market demand. Because the impacts of the Proposed Project are related to the Project's development intensity, any development of the size and type proposed by the Project would have the same environmental impacts. Therefore, development on an alternative project site would not reduce impacts of the Project as proposed.
2. No Build Alternative
The No Build. Alternative assumes that development under the Proposed Project would not occur, and the site would remain vacant. The No Build Alternative would not meet any of the Proposed Project's objectives. The site is unlikely to remain vacant given that development under the 2008 Certified EIR was approved, as well as the plan area's proximity to I-10, surrounding development, and existing development on -site.
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B. ALTERNATIVES SELECTED FOR FURTHER ANALYSIS
The following alternatives were determined to represent a reasonable range of alternatives with the potential to feasibly attain most of the basic objectives of the Proposed Project but avoid or substantially lessen any of the significant effects of the project. Table 7-11, Summary of Impacts of Alternatives Compared to the Proposed Project, of the Draft SEIR, identifies how each of the alternatives selected for further analysis compare to the Proposed Project. Table 7-12, Ability of Each Alternative to Meet the Project Objectives, of the Draft SEIR, provides a summary of the ability of the alternatives to achieve the project objectives.
1. No Project (Approved Project) Alternative
The No Project (Approved Project) Alternative assumes that no development as envisioned under the Proposed Project would occur, and instead the plan area would be developed as indicated in the Approved Project. As such, the following would occur under the No Project (Approved Project) Alternative, compared to the Proposed Project:
■ There would be no increase in dwelling units, population, and nonresidential square footage. ■ There would be no decrease in employment and open space. ■ Land proposed to be designated Agro-Commercial Tourism would remain designated as Regional Commercial, which would then allow for retail or industrial uses. ■ Two parcels that would be designated Business Park under the Proposed Project would remain residential.
Impacts of the No Project (Approved Project) Alternative would be similar for aesthetics, air quality, biological resources, cultural resources, geology and soils, hazards and hazardous materials, hydrology and water quality, land use and planning, mineral resources, population and housing, public services, recreation, tribal cultural resources, and wildfire. Impacts would be less for utilities and service systems.
Impacts would be greater for agriculture and forestry resources, energy, greenhouse gas emissions, noise, and transportation. In addition, this alternative would result in a significant and unavoidable VMT impact. As with the Proposed Project, impacts to traffic noise and long-term operational noise (Specific Plan only) would be significant and unavoidable.
The No Project (Approved Project) Alternative would meet all of the project objectives except for Objective 8, as this Alternative would not support existing agricultural operations.
Finding:
This alternative is rejected because it would not provide any of the project benefits that would occur with the implementation of the Proposed Project, including increasing the number of units and providing higher paying jobs. As a result, specific economic, legal, social, technological, or other considerations, including provision of employment and residential opportunities, make infeasible this project alternative for the reasons identified in the SEIR.
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2. Reduced Warehousing Intensity Alternative
Under the Reduced Warehousing Intensity Alternative, warehousing square footage and jobs would be reduced by approximately 50 percent compared to the Proposed Project as a result of the following changes:
■ BP 1. This alternative would result in an approximately 50 percent reduction in acreage for BP 1, corresponding with a 50 percent reduction in square footage. The remaining area would be open space.
■ BP 2. Planning area BP 2 would not be developed under this alternative and would be left as open space.
■ BP 3. No changes to this BP would occur under this alternative. ■ BP 4. Planning area BP 4 would not be redeveloped for business park uses and would remain a truck stop.
■ BP 5. This alternative would result in an approximately 50 percent reduction in acreage for BP 5, corresponding with a 50 percent reduction in square footage. The remaining area would be open space.
■ BP 6. Planning area BP 6 would result in development of the Countyline Warehouse project but the remaining acreage in BP 6 would be open space.
The residential units and regional commercial square footage would not change. A reduction in warehousing and acreage designated BP and a corresponding increase in acres left as open space would result in reduced grading and impacts to hillsides. For the Pacific Oaks Commerce Center project, this would also be a reduction of approximately 50 percent.
Impacts of the Reduced Warehousing Intensity Alternative would result in less impact to aesthetics, air quality, biological resources, cultural resources, energy, geology and soils, greenhouse gas emission, hazards and hazardous materials, hydrology and water quality, noise, transportation, tribal cultural resources, utilities and service systems, and wildfire. Impacts would be similar for agriculture and forestry resources, land use and planning, mineral resources, public services, and recreation. Impacts would be greater for population and housing.
The Reduced Warehousing Intensity Alternative would meet all of the project objectives, but would meet Objective 3 and Objective 6 to a lesser extent due to the reduction in employment opportunities.
However, the removal of the BP designation area to BP 6 and BP 4 would impact the existing land use rights to the subject properties as the Approved Project currently allows for future development on those sites.
Finding:
This alternative is rejected because it would result in a less warehousing square footage on the project site which would result in a less balanced jobs -housing ratio, due to the reduction in warehousing jobs.
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Additionally, because warehousing jobs are higher paying, this alternative would result in reduced economic impacts. As a result, specific economic, legal, social, technological, or other considerations, including provision of higher -paying employment opportunities, make infeasible this project alternative for the reasons identified in the SEIR.
3. Increased Open Space Alternative
The biological resources evaluation and jurisdictional delineation identified that portions of the site contain sensitive habitat and/or serve as a high -functioning wildlife corridor. Additionally, portions of the site with the jurisdictional areas also are within the 100-year floodplain. To avoid and/or minimize impacts to these areas, this Alternative would result in the following changes:
■ Wilson Creek Avoidance Area. Planning areas PA3, PA4, PA5, PA6, C1, C2, C3, PA8, and PA9 abut the Wilson Creek drainage west of Live Oak Canyon Road. The OS-C and OS designation are overlain on the Wilson Creek drainage and where Wilson Creek and Wildwood Creek merge.
The listed planning areas would be reduced by 50 percent to accommodate a larger setback from the jurisdictional areas, habitat, and floodplains under this alternative. ■ Wildwood Canyon Creek Avoidance Area. Planning area C6 overlaps a critical wildlife corridor and the floodplain as well as habitat and jurisdictional areas. In addition, portions of the Wildwood Canyon interchange project overlap this site. Therefore, planning area C6 would be reduced by 75 percent to accommodate larger setbacks from Wildwood Canyon Creek under this alternative.
Additionally, a portion of PA11 also overlaps Wildwood Creek. Therefore, PA11 would be reduced by 25 percent to accommodate wider setbacks.
■ Prominent Ridgeline Avoidance Area. Planning areas BP2 and PA10 overlap prominent ridgelines identified in the City's 2016 General Plan. Though the grading of key ridgelines are avoided facing I-10, the development of the Pacific Oaks Commerce Center project would result in substantial grading that affects these prominent ridgelines. To substantially avoid the ridgelines, it is assumed that no development in planning areas PA10 and BP2 could occur.
Because the plan area is identified in the City's 2021-2029 Housing Element, this Alternative would also require upzoning of the residential planning areas within the FCSP to ensure no net loss of residential housing capacity in accordance with Senate Bill (SB) 330 and SB 166. Therefore, this Alternative would pull back several of the residential planning areas from jurisdictional areas, these planning areas and other residential planning areas would have a higher density compared to the Proposed Project to ensure no net loss of housing capacity in the Housing Element.
This alternative would result in 158.1 acres of additional OS-C compared to the proposed project.
However, the additional setbacks would result in a reduction of 744 jobs and 1,393,630 square feet of nonresidential uses compared to the Proposed Project. For the Pacific Oaks Commerce Center project, this would be a reduction of approximately 50 percent.
Impacts of the Increased Open Space —Conservation Alternative would result in less impacts to aesthetics, air quality, biological resources, cultural resources, energy, geology and soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, noise, public services, Freeway Corridor Specific Plan Project
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transportation, tribal cultural resources, utilities and service systems, and wildfire. Impacts would be similar for agriculture and forestry resources, land use and planning, mineral resources, and recreation.
Impacts would be greater for population and housing.
The Increased Open Space —Conservation Alternative would meet all of the project objectives, but would meet Objective 3 and Objective 6 to a lesser extent due to the reduction in employment.
Finding:
This alternative is rejected because it would result in a reduction in employment opportunities in the Specific Plan and Pacific Oaks Commerce project which would result in less employment opportunities (including higher -paying warehousing jobs) in the City which would have economic implications.
Additionally, the reduction in employment would result in an imbalanced jobs -housing ratio. As a result, specific economic, legal, social, technological, or other considerations, including provision of employment opportunities, make infeasible this project alternative for the reasons identified in the SEIR.
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VI. STATEMENT OF OVERRIDING CONSIDERATIONS
CEQA requires decision makers to balance the benefits of the Proposed Project against its unavoidable environmental risks when determining whether to approve the Project. If the benefits of the project outweigh the unavoidable adverse effects, those effects may be considered "acceptable" (State CEQA Guidelines § 15093[a]). CEQA requires the agency to support, in writing, the specific reasons for considering a project acceptable when significant impacts are infeasible to mitigate. Such reasons must be based on substantial evidence in the Final SEIR or elsewhere in the administrative record (State CEQA Guidelines § 15093 [b]). The agency's statement is referred to as a Statement of Overriding Considerations.
The following provides a description of the Proposed Project's significant and unavoidable adverse impacts and the justification for adopting a statement of overriding considerations.
A. SIGNIFICANT AND UNAVOIDABLE IMPACTS
Although most potential project impacts have been substantially avoided or mitigated, as described above, there remain seven project impacts for which complete mitigation is not feasible. The SEIR identified the following significant unavoidable adverse impacts of the Proposed Project, which would continue to be applicable upon implementation of the Proposed Project:
1. Air Quality
■ Impact 5.3-1:
• Specific Plan. Operation of the Proposed Project would exceed the South Coast AQMD regional significance thresholds and have the potential to conflict with the South Coast AQMD's AQMP. Mitigation Measures for construction (see Impact 5.3-2) and operation (see Impact 5.3-3) would reduce emissions to the extent feasible. However, Impact 5.3-1 would be significant and unavoidable for the Proposed Project.
• Pacific Oaks Commerce Center Project. Operation of the Pacific Oaks Commerce Center would exceed the South Coast AQMD regional significance thresholds and have the potential to conflict with the South Coast AQMD's AQMP. Mitigation Measures for construction (see Impact 5.3-2) and operation (see Impact 5.3-3) would reduce emissions to the extent feasible.
However, Impact 5.3-1 would be significant and unavoidable for the Pacific Oaks Commerce Center.
■ Impact 5.3-2:
• Specific Plan. Construction of the Proposed Project, like the Approved Project, would exceed the South Coast Air Quality Management District (South Coast AQMD) regional significance thresholds. While mitigation would substantially reduce construction -related volatile organic compounds (VOC), nitrogen oxides (NOx), and carbon monoxide (CO) emissions, the regional significance thresholds for these criteria air pollutants would still be exceeded for Phase 1. Implementation of mitigation would reduce the maximum daily Freeway Corridor Specific Plan Project
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emissions of VOC for Phases 2 through 7 to below the regional significance threshold.
However, due to the remaining exceedances for Phase 1, Impact 5.3-2 would be significant and unavoidable for the Proposed Project.
• Pacific Oaks Commerce Center Project. Construction of the Pacific Oaks Commerce Center would exceed the South Coast AQMD regional significance thresholds. Mitigation Measure AQ-6 would reduce VOC emissions to below the regional significance threshold.
However, construction activities associated with the Pacific Oaks Commerce Center would continue to generate NOx and CO emissions that exceed the respective South Coast AQMD regional significance thresholds. Therefore, Impact 5.3-2 as it pertains to the Pacific Oaks Commerce Center project would be significant and unavoidable. ■ Impact 5.3-3:
• Specific Plan. Long-term operation of the Proposed Project, like the Approved Project, would exceed the South Coast AQMD regional significance thresholds. While mitigation would reduce emissions, the regional significance thresholds for these criteria air pollutants would still be exceeded. Impact 5.3-3 would be significant and unavoidable for the Proposed Project.
• Pacific Oaks Commerce Center Project. Long-term operation of the Pacific Oaks Commerce Center project would exceed the South Coast AQMD regional significance thresholds. While mitigation would reduce emissions, the regional significance thresholds for these criteria air pollutants would still be exceeded. Impact 5.3-3 would be significant and unavoidable for the Pacific Oaks Commerce Center project. ■ Impact 5.3-4:
• Specific Plan. Localized construction emissions associated with buildout of the Proposed Project have the potential to exceed the South Coast AQMD's cancer risk threshold.
Implementation of Mitigation Measure AQ-6 would require future projects accommodated under the Freeway Corridor Specific Plan (FCSP) to use off -road equipment fitted with engines that meet the USEPA Tier 4 Final standards for emissions. This measure would reduce toxic air contaminant (TAC) emissions from off -road construction equipment. Due to the scale and construction intensity of the Pacific Oaks Commerce Center project, it is assumed to represent the worst -case project accommodated under the Specific Plan in terms of construction impacts. Thus, it is anticipated that individual future development projects accommodated under the Proposed Project would have similar health risk levels and would have less than significant health risk impacts. However, while individual future projects might have less than significant health risk impacts, the combined construction activities associated with development of all the land uses accommodated under the Proposed Project could contribute to elevated levels in the area. Therefore, out of an abundance of caution, Impact
5.3-4 is conservatively identified as significant and unavoidable.
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2. Greenhouse Gas Emissions
■ Impact 5.8-1:
• Specific Plan. The Proposed Project, like the Approved Project, would generate GHG emissions that exceed the conservative no net increase threshold. Implementation of Mitigation Measures AQ-2 through AQ-5 and Mitigation Measures GHG-1 and GHG-2 would reduce emissions to the extent feasible. However, Impact 5.8-1 would be significant and unavoidable.
• Pacific Oaks Commerce Center Project. The Proposed Project, like the Approved Project, would generate GHG emissions that exceed the conservative no net increase threshold.
Implementation of Mitigation Measures AQ-2 and AQ-4, and Mitigation Measures GHG-1 and GHG-2 would reduce emissions to the extent feasible. However, Impact 5.8-1 as it pertains to the Pacific Oaks Commerce Center project would be significant and unavoidable.
3. Noise
■ Impact 5.13-2:
• Specific Plan. Implementation of the Proposed Project would result in a substantial long- term operation -related noise that could exceed the City's noise standards. The City requires applicants for new development projects to submit a noise study to mitigate operational noise impacts in accordance with the standard COAs. At the plan level, Impact 5.13-2, is considered signifcant and unavoidable.
■ Impact 5.13-3:
• Specific Plan. Implementation of the Proposed Project would result in a substantial increase in long-term traffic -related noise levels that exceed local standards. The Certified EIR identified that it is not considered practical or feasible to mitigate traffic noise impacts, as it would require making alterations to private off -site properties over which applicants of future development projects would have no control. Impact 5.13-3, plan -level and cumulative traffic noise impacts are considered significant and unavoidable. • Pacific Oaks Commerce Center Project. Implementation of the Pacific Oaks Commerce Center project would result in a substantial increase in long-term traffic -related noise levels that exceed local standards. The Certified EIR identified that it is not considered practical or feasible to mitigate traffic noise impacts, as it would require making alterations to private off - site properties over which applicants of future development projects would have no control.
Impact 5.13-3 traffic noise impacts are considered signifcant and unavoidable for the Pacific Oaks Commerce Center project.
Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 188 -
09/23/2024 City Council Agenda 510
B. PROJECT BENEFITS IN SUPPORT OF THE STATEMENT OF OVERRIDING
CONSIDERATIONS
The following section describes the benefits of the Proposed Project that outweigh the project's unavoidable adverse effects and provides specific reasons for considering the project acceptable even though the Final SEIR has indicated that there will be seven significant project impacts if mitigation measures for these impacts cannot be implemented. Accordingly, this Statement of Overriding Considerations regarding potentially significant adverse environmental impacts resulting from the Proposed Project, as set forth below, has been prepared. Pursuant to CEQA Guidelines §15093(c), the Statement of Overriding Considerations will be included in the record of the project approval and will also be noted in the Notice of Determination. Each of the benefits identified below provides a separate and independent basis for overriding the significant environmental effects of the Proposed Project.
Having reduced the potential effects of the Proposed Project through all feasible mitigation measures as described previously herein, and balancing the benefits of the Proposed Project against its potential unavoidable adverse impacts on air quality, greenhouse gas emissions, and noise, if the mitigation measures for these impacts cannot be implemented, the City finds that the following legal requirements and benefits of the Proposed Project individually and collectively outweigh the potentially significant unavoidable adverse impacts for the following reasons:
1. Implements the Objectives Established for the Proposed Project The Proposed Project aims to implement the following objectives by creating a community that reflects current trends and the City's character, providing development and design standards that ensure high quality design, providing a mix of land uses to accommodate the needs of residents and employees in the City, providing an increase in housing stock that meets the current demand of the City, and providing recreational uses that also preserve natural features and views of major ridgelines:
1. Create a place that reflects the unique character of Yucaipa and ultimately supports the community's needs into the future.
2. Allow a degree of flexibility for development that can provide a standard of quality without stifling opportunities or imposing inflexible regulations that would preclude creative development response.
Offer a mixture of residential, commercial, and business park development that reflects the changing conditions in Yucaipa brought about by decline in demand for brick -and -mortar stores and increase in demand for logistics/distribution, as well as the cost for housing which has resulted in a need for wider ranges of densities and housing product types.
4. Support and facilitate opportunities to meet the City's housing requirements as reflected by the Regional Housing Needs Assessment for current and future housing cycles, as well as comply with SB330 regarding "no net loss" of residential zoned capacity.
5. Provide community amenities such as trails and permanent open space areas that will preserve major ridgelines and drainage corridors.
Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 189 -
09/23/2024 City Council Agenda 511
6. Provide employment as well as retail and entertainment opportunities for those living in the community.
7. Take advantage of the freeway visibility and access to serve both local and regional needs.
8. Support the existing agricultural operations at the Live Oak Canyon Pumpkin Farm.
9. Design a safe and efficient circulation system that adequately supports the anticipated level of vehicular, pedestrian, and bicycle traffic in and around the project.
10. Comprehensively plan the FCSP area with consideration of other contiguous areas to ensure compatible and complementary development, circulation patterns, infrastructure, and services.
2. Provides Housing that Helps Achieve the City's Regional Housing Needs Since the adoption of the FCSP, the City has also completed a comprehensive General Plan update, which was adopted in 2016, and an update to the City's Housing Element in 2022. The Proposed Project would introduce 2,472 units, which is an increase of 25 units compared to the Approved Project. To make meaningful reforms to the housing crisis in California, the state Department of Housing and Community Development (HCD) recently declared that cities and counties in Southern California will have to plan for the construction of 1.3 million new homes in the next decade. The Southern California Association of Governments (SLAG) will distribute the increased targets to jurisdictions based on factors such as jobs, households, and affordability that will need to be considered in the next housing element update cycle for. For cities and counties that do not perform, the state can withhold state transportation revenue generated from Senate Bill 1 (2017). The FCSP Update intensifies residential uses on key sites within to avoid natural resource areas and align higher -density housing with regional plans for high -quality transportation routes and help to meet the City's RHNA obligation. The FCSP Update reflects changes more accurately in market demand, adding R-6 and R- 12 zones to address missing middle -income densities. In addition, updated provisions for infrastructure and more deliberate standards for housing will be better facilitate future housing opportunities, and help retain the housing capacity for planning purposes related to future housing cycles.
3. Provides Higher -Paying Employment Opportunities and Economic Benefits The existing FCSP was originally developed in 2007-2008, right before the great recession that resulted in dramatic changes to the retail and commercial industry. In acknowledgment of recent trends in retail, which generally show a shrinking footprint for commercial square footage, the FCSP shifts non- residential development from commercial space to industrial/warehouse, which more closely aligns with current market trends.
The commercial and business park development allowed by the Specific Plan offers a timely opportunity to attract commercial and neighborhood -serving amenities currently deficient in the community. The commercial and business park development provides an opportunity to capture sales tax revenue that could be used to improve public services and facilities for Yucaipa. Commercial and business park development in the plan area would take advantage of the area's proximity to I-10.
Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 190 -
09/23/2024 City Council Agenda 512
The Specific Plan would result in job creation in the plan area. While the Proposed Project would result in 317 less job opportunities than the Approved Project, 973 jobs of the 2,682 jobs provided by the Proposed Project would be warehousing jobs, which, compared to retail jobs, are higher paying.
4. Retains Existing Agricultural Uses Onsite
Under the Approved Project, the planning area that currently operates as the Pumpkin Patch would have been developed as a retail area. Under the Proposed Project, this planning area would remain Agro-Commercial Tourism (AT) which would preserve the existing landforms and agricultural areas adjacent to Live Oak Canyon Road and I-10.
5. Conserves Habitat and Natural Open Space in the OS-C Designation The FSCP Update include Open Space (OS) and Open Space — Conservation (OS-C) lands to balance and buffer new development. The planning areas are designed to ensure protection of significant hillsides, ridgelines, and scenic views that greatly contribute to the image of the community, especially as viewed from Interstate 10 and other key roadways, while allowing for development and other features that benefit the community. The OS-C designations also permanently conserve key habitat and drainages that are important for habitat and wildlife movement.
6. Provides Infrastructure to Serve the Specific Plan and Local Area Development within the plan area has been constrained by a lack of infrastructure. The Specific Plan includes required infrastructure facilities, including financing and phasing. ■ Water and Sewer Infrastructure. The Pacific Oaks Commerce Center project includes substantial extension of water and sewer along Live Oak Canyon Road/Oak Glen Road.
Additional water and sewer would be installed in conjunction with new development. ■ Stormwater Infrastructure. Planned site drainage improvements include the construction of necessary stormwater management and flood control facilities. Without these improvements, the area would continue to be subjected to flooding and erosion problems. Stream bank preservation and revegetation of eroded slopes may be needed in certain areas. ■ Multimodal Trails. The development of a multimodal trail system would expand the existing trail network and expand outdoor recreational areas in the city. Enhanced bicycle, pedestrian, and equestrian trail networks further augment connectivity within and between the Specific Plan neighborhoods.
■ Street Network. Well -designed streets that incorporate traffic -calming measures, such as narrow pavement widths, trails, and tree canopies extending over streets, will improve safety and the quality of the experience of moving through the neighborhoods in the plan area. ■ Fire. The Pacific Oaks Commerce Center Project would fund approximately half of the cost of a ladder truck fire apparatus (with associated equipment) to be used by the City to assist with the purchase of the ladder truck. Future development that also requires a ladder truck, such as larger horizontal commercial development in the RC district, as well as three story housing projects, Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 191 -
09/23/2024 City Council Agenda 513
would also participate in the fair share for a ladder truck. Separately, a Community Facilities District will be required to help provide future public safety and fire infrastructure funding.
7. Consistency with the Regional Goals in the RTP/SCS
SCAG's 2020-2045 RTP/SCS was adopted September 3, 2020. The RTP/SCS encompasses four principles —mobility, economy, healthy/complete communities, and environment —that are important to the region's future. The RTP/SCS lays out goals related to housing, transportation technologies, equity, and resilience in other to adequately reflect the increasing importance of these topics in the region. The City pursued and was awarded a SCAG grant to update the FCSP to enable it to anticipate and capitalize the projected market demand for residential, commercial, and industrial uses.
The Proposed Project would add a mix of uses onsite, similar to the Approved Project. However, the Proposed Project would provide warehousing jobs which would better align with the current and forecasted market conditions, would result in less GHG emissions and criteria air pollutants compared to the Approved Project, and would designate land for Agro-Commercial Tourism and allow agricultural uses in the Open Space designation. Therefore, the Proposed Project would be consistent with the RTP/SCS goals.
8. Other Considerations.
There are unavoidable, significant impacts in the following categories: Air Quality, GHG Emissions, and Noise.
If the City does not update the FCSP, there would still be significant impacts relating to air quality, GHG emissions, and noise. Even without any growth in the City, which is not a realistic scenario, the significant impacts relating to air quality and GHG emissions will occur simply due to regional growth. Also, based on the land use requirements, warehousing and industrial uses would remain permissible in the Business Park and the Regional Commercial land use districts. ■ Impacts relating to construction noise and vibration are temporary in nature.
C. CONCLUSION
The City Council of Yucaipa has balanced the project's benefits against the significant unavoidable impacts. The City Council finds that the Proposed Project's benefits, outweigh the Proposed Project's significant unavoidable impacts, and these impacts, therefore, are considered acceptable in the light of the Proposed Project's benefits. The City Council finds that each of the benefits described above is an overriding consideration, independent of the other benefits, that warrants approval of the Proposed Project notwithstanding the Proposed Project's significant unavoidable impacts.
Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 192 -
09/23/2024 City Council Agenda 514
EXHIBIT B
Mitigation Monitoring and Reporting Program
09/23/2024 City Council Agenda 515
May 20241 Mitigation Monitoring and Reporting Program
State Clearinghouse No. 2006041096
FREEWAY CORRIDOR SPECIFIC PLAN
for City of Yucaipa
Prepared for:
City of Yucaipa
Contact: Benjamin Matlock, Deputy Director of Community Development 34272 Yucaipa Blvd
Yucaipa, California 92399
909.797.2489
Prepared by:
PlaceWorks
Contact: Nicole Vermilion, Principal
3 MacArthur Place, Suite 1100
Santa Ana, California 92707
714.966.9220
[email protected]
www.placeworks.com
g PLACEWORKS
09/23/2024 City Council Agenda 516
FREEWAY CORRIDOR SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM
CITY OF YUCAIPA
Table of Contents
1. INTRODUCTION.............................................................................................................................. I
1.1 PURPOSE OF MITIGATION MONITORING AND REPORTING PROGRAM ............................ 1 1.2 PROJECT LOCATION....................................................................................................................................... 1 1.3 PROJECT DESCRIPTION................................................................................................................................. 2 1.4 ENVIRONMENTAL IMPACTS........................................................................................................................ 5 2. MITIGATION MONITORING REQUIREMENTS.............................................................................. 7
2.1 CATEGORIZED MITIGATION MEASURES/MATRIX......................................................................... 7 3. REPORT PREPARATION............................................................................................................. 79 3.1 LIST OF PREPARERS.......................................................................................................................................79 May 2024 Page i
09/23/2024 City Council Agenda 517
FREEWAY CORRIDOR SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM
CITY OF YUCAIPA
Table of Contents
List of Tables
Table Page
Table 1 Approved Project Buildout Statistical Summary............................................................................. 2 Table 2 Proposed Project Buildout Statistical Summary.............................................................................. 4 Table 3 Buildout Comparison of the Proposed Project to the Approved Project...................................4 Table 4 Pacific Oaks Commerce Center Buildout......................................................................................... 5 Table 5 Mitigation Monitoring Requirements — Specific Plan..................................................................... 9 Table 6 Mitigation Monitoring Requirements — Pacific Oaks Commerce Center .................................. 49 Page ii
09/23/2024 City Council Agenda
Placeirloiks
518
1. Introduction
1.1 PURPOSE OF MITIGATION MONITORING AND REPORTING
PROGRAM
This Mitigation Monitoring and Reporting Program (MMRP) has been developed to provide a vehicle by which to monitor mitigation measures and conditions of approval outlined in the Draft Subsequent Environmental Impact Report (Draft SEIR), State Clearinghouse No. 2006041096. The Mitigation Monitoring and Reporting Program has been prepared in conformance with Section 21081.6 of the Public Resources Code and City of Yucaipa Monitoring Requirements. Section 21081.6 states:
(a) When making findings required by paragraph (1) of subdivision (a) of Section 21081 or when adopting a mitigated negative declaration pursuant to paragraph (2) of subdivision (c) of Section 21080, the following requirements shall apply:
(1) The public agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation. For those changes which have been required or incorporated into the project at the request of a responsible agency or a public agency having jurisdiction by law over natural resources affected by the project, that agency shall, if so requested by the lead or responsible agency, prepare and submit a proposed reporting or monitoring program.
(2) The lead agency shall specify the location and custodian of the documents or other material which constitute the record of proceedings upon which its decision is based.
1.2 PROJECT LOCATION
The 1,238-acre Freeway Corridor Specific Plan (FCSP) area is in the City of Yucaipa in San Bernardino County.
The plan area is bisected by Interstate 10 (I-10) and abuts the Riverside County boundary to the south. Regional access to the project is provided by I-10 from the east and west. Local access is provided by Live Oak Canyon Road, County Line Road, Oak Glen Road, Wildwood Canyon Road, and Calimesa Boulevard.
Land uses in the FCSP consist primarily of agricultural land (ranching and farming), a limited number of residences, a wastewater treatment plant, and miscellaneous commercial uses such as an outdoor pottery store and storage. The Live Oak Canyon Pumpkin Farm operates seasonally, with its peak season in the fall. The pumpkin farm operates a corn maze (fall only), carnival -type rides and games, tractor/hay rides, pony rides, petting zoo, Christmas Tree sales (winter only), U-pick pumpkin patch, and concessions (fall only) during the May 2024 Pnge 1
09/23/2024 City Council Agenda 519
FREEWAY CORRIDOR SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM
CITY OF YUCAIPA
1. Introduction
fall and winter seasons.' The Henry N. Wochholz Regional Water Recycling Facility (WRWRF) is owned and operated by the Yucaipa Valley Water District (YVWD). This land use is isolated from the other areas in the FCSP and can only be accessed via a secondary road from County Line Road. The FCSP Update identifies these parcels as "not a part" (N.A.P.) of the Proposed Project because it is solely owned by the YVWD.
1.3 PROJECT DESCRIPTION
Freeway Corridor Specific Plan (Approved Project)
The FCSP provides the planning tools necessary to guide development in the plan area. The Specific Plan includes proposed land uses, development regulations and design standards. In addition, the FCSP provides for a multimodal trail and circulation system, infrastructure facilities required to support implementation of the plan, and a plan for managing natural resources. Table 1, Approved Project Buildout Statistical Summary, identifies the Buildout of the Approved Specific Plan.
lapse i Approves rro ect tsumout btatlstical
bumma
Acres
Acres
Dwelling Units
Population'
Non -Residential SFz
Em to ees3
Residential
424.7
2,447
6,754
NA
NA
Regional Commercial (RC)3,4
172.0
NA
NA
3,379,737
2,430
Business Park (BP)4
25.7 NA
NA
1,206,042
571
Public Facilities (PUB)5
44.8 NA
NA
NA
NA
Open Space (OS)
549.0
NA
NA
0 NA
ROW
25.3 NA
NA
NA
NA
Total
1,2426
2,447
6,754
4,585,779
j 2,999
Notes: Totals may not add to 100 percent due to rounding. SF = square feet; ROW = right-of-way I Based on 2.76 people per unit (DOF 2022).
2 Acres to square feet based on the maximum FAR allowed in the FCSP of 0.50 for RC and 0.75 for BP. 3 Based on 1,392 square feet per employee for RC uses and 2,111 square feet per employee for BP uses (SCAG 2001). 4 BP and RC square footage adjusted to account for the amendments to the FCSP approved in July 2022, which allowed for development of a 366,423-square-foot warehouse associated with the Yucaipa County Line Warehouse Project (Yucaipa 2022). 5 Though employment is associated with the WRWRF, there are no changes in this land use between existing conditions and the Approved Project scenarios. 6 Acreage for the FCSP Update based on GIS. This four -acre difference between the 2008 Specific Plan acreage (1,242 acres) and the Specific Plan Update acreage (1,238 acres) is based on minor differences in how the boundary was mapped in 2008 and attributed to existing ROW. 2008 Certified EIR
The Proposed Project in an update to the FCSP; therefore, this SEIR relies on the findings of the 2008 EIR and the 2022 Addendum and, per CEQA Guidelines Section 15162, contains all the information necessary to I The Yucaipa City Council had typically authorized a special event permit (SEP) annually to the Pumpkin Factory to operate the Live Oak Canyon Pumpkin Patch and Christmas Tree Farm. Live Oak Canyon Farm has operated the pumpkin patch and Christmas tree farm for over 30 years prior to the incorporation of the City of Yucaipa, and the City has authorized a SEP for the pumpkin patch and Christmas tree farm every year since 2017, which has since been memorialized with the approval of a conditional use permit. The farm has 900 parking spaces onsite and addition 300 parking spaces on Live Oak Canyon Road. Special events at the farm run from mid -September to the end of December and may generate up to 100,000 visitors over the course of the special event. There are no changes in events or activities for the Live Oak Canyon Pumpkin Patch and Christmas Tree Farm with implementation of the Proposed Project.