Planning Commission Meeting - Regular Meeting in PERSON AND - TELECONFERENCE - 1-669-900-6833 - Webinar ID: 923 2683 7040- Passcode: 7601 -

AGENDA REGULAR MEETING OF THE PLANNING COMMISSION AND PARKS AND RECREATION COMMISSION June 21, 2023 7:00 P.M. Adelanto Governmental Center City Council Chambers 11600 Air Expressway, Adelanto 1 11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us Meetings held: 1st and 3rd Wednesday Planning Commission Parks & Recreation Commission Chris Waggener, Chair Terry Delgado, Vice Chair Adrianna Brandt, Commissioner Mark Ferretiz, Commissioner Ricky Rubalcava, Commissioner Development Services Jim Hirsch City Attorney Jesse Jauregui Commissioners, essential staff, and the public are allowed to be physically present inside Council Chambers and will be seated the recommended distance from each other. Public participation is also call-in or via written correspondence. NOTE: PLEASE TURN CELL PHONES OFF OR PLACE THEM ON VIBRATE DURING THE PLANNING / PARKS AND RECREATION COMMISSION MEETING AS A COURTESY TO OTHERS. Thank you, Administrative Staff The Planning / Parks and Recreation Commission packet may be reviewed by the public at the reception counter in City Hall. Any writings or documents pertaining to an open session item, provided to a majority of the Planning / Parks and Recreation Commissioners within 72 hours of a regular meeting, shall be made available for public inspection at the reception counter in City Hall at 11600 Air Expressway, Adelanto, CA 92301, during normal business hours. Members of the public can view the agenda or download any staff reports in advance by accessing the city website at www.ci.adelanto.ca.us on Thursday the week before the scheduled meeting. The public may view the meeting or participate / comment remotely as follows: • Join in person City Council Chambers social distancing required. • Join from a PC, Mac, iPad, iPhone or Android device: Please click this URL to join. https://zoom.us/j/92326837040?pwd=SVNMRm1TT25qTnBRT3E5NE02RkRmUT09 Passcode: 7601 Description: City of Adelanto City Planning Commission Meeting • To Participate phone: Please call 1 669 900 6833 along with webinar ID 923 2683 7040 passcode 7601. Should you wish to speak on the item push *9, you will be placed in the que. *Please Note – This process will be a learning curve for all, please be patient. • Submit written comments: We encourage submittal of written comments supporting, opposing, or otherwise commenting on an agenda item, for distribution to the Planning Commission prior to the meeting. Send

REGULAR MEETING PLANNING COMMISSION PARK AND RECREATION COMMISSION June 21, 2023 2 11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca. emails to nallen@ci.adelanto.ca.us; written correspondence may be sent to Nyeka Allen, 11600 Air Expressway Adelanto CA 92301. Rules of Decorum “Members of the Public are advised that all PAGERS, CELLULAR TELEPHONES and any OTHER COMMUNICATION DEVICES are to be turned off upon entering the City Council Chambers.” If you need to have a discussion with someone in the audience, kindly step out into the lobby. Under the Government Code, the Planning Commission may regulate disruptive behavior that impedes the Planning Commission Meeting. Disruptive conduct may include, but is not limited to: • Screaming or yelling during another audience member’s public comments period; • Profane language directed at individuals in the meeting room; • Throwing objects at other individuals in the meeting room; • Physical or verbal altercations with other individuals in the meeting room; and • Going beyond the allotted three-minute public comment period granted. When a person’s or group’s conduct disrupts the meeting, the Chair or presiding officer will request that the person or group stop the disruptive behavior and WARN the person or group that they will be asked to leave the meeting room if the behavior continues. If the person or group refuses to stop the disruptive behavior, the Chair or presiding officer may order the person or group to leave the meeting room and may request that those persons be escorted from the meeting room. Any person who, without authority of law, willfully disturbs or breaks up a Planning Commission meeting is guilty of a misdemeanor. (Pen. Code, § 403.) It should also be noted that any person who WILLFULLY disturbs or breaks up the Planning Commission meeting may be arrested for a misdemeanor offense. (Penal Code, § 403.) MEMBERS OF THE PUBLIC WISHING TO ADDRESS THE PLANNING COMMISSION MEMBERS ARE REQUIRED TO FILL OUT A SPEAKER REQUEST FORM AND PLACE IT IN THE TRAY ON THE PODIUM PRIOR TO MEETING. Thank you, Administrative Staff The Planning Commission packet may be reviewed by the public at the reception counter in City Hall. Any writings or documents pertaining to an open session item, provided to a majority of the Planning Commission Members within seventy-two (72) hours of a Regular Meeting and twenty-four (24) hours of a Special Meeting. Members of the public can view the agenda or download any staff reports in advance by accessing the City’s website at www.ci.adelanto.ca.us on the Thursday of the week before the scheduled meeting. AMERICANS WITH DISABILITIES ACT: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (760) 246- 2300, ext. 11123, no later than seventy-two (72) hours prior to the meeting per 28 CFR 34.102.104.

REGULAR MEETING PLANNING COMMISSION PARK AND RECREATION COMMISSION June 21, 2023 3 11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca. TIME: ________________ ROLL CALL: Commissioner Rubalcava ______ Commissioner Brandt ______ Commissioner Ferretiz ______ Vice Chair Delgado ______ Chair Waggener ______ INVOCATION: FLAG SALUTE: Director of Development Services to announce if there are any additions/removals of items from the agenda. C. PRESENTATIONS Opened at: ________________________ Closed at: _______________________________ A. CALL TO ORDER B. DELETIONS/ADDITIONS TO AGENDA D. CONFLICT OF INTEREST Planning Commissioners will announce any possible Conflicts of Interests for the Planning Commission Meeting. E. PUBLIC COMMUNICATIONS

REGULAR MEETING PLANNING COMMISSION PARK AND RECREATION COMMISSION June 21, 2023 4 11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca. This is the time and place for members of the public to comment on any matter within the jurisdiction of the Planning Commission. Members of the public wishing to address the Planning Commission Members on items not on the agenda can push *9 on their telephones to raise their hands. The Planning Secretary will call on you in the order received. You will be asked to un-mute - to do so you must push *6. Please state your name for the record. There is a time limit of three (3) minutes. Members of the audience may address the Planning Commission on non-agenda items; however, in accordance with Government Code section 54954.2, the Planning Commission may not take action on an item not appearing on the agenda. PUBLIC HEARING OPEN: ________ PUBLIC HEARING CLOSED: __________ 1. Location and Development Plan 23-01 - Proposal to develop a 689,824 square foot (sf) warehouse/distribution facility on an approximately 37.64 -acre vacant site located on the southwest corner of the intersection of Rancho Road and Emerald Road in the Light Manufacturing (LM) Zone in the City of Adelanto, California (APN: 3128-291-02). (Planner Jim Hirsch) STAFF RECOMMENDATION: ADOPT Resolution P-23-10 to ADOPT the Mitigated Negative Declaration (State Clearinghouse #2023030264) and APPROVE Location and Development Plan No. LDP 23-01 to construct a 689,824 SF warehouse/distribution facility, (552,864 sf nonrefrigerated warehouse and 96,960 sf cold storage warehouse), and 40,000 sf office space/mezzanine on a 37.64-acre property located on Rancho Road in the Light Manufacturing (LM) zone, based on the findings and subject to conditions of approval. . F. CONSENT CALENDAR – PLANNING COMMISSION Items on the Consent Calendar are considered routine in nature, require no further discussion by the Planning Commission, and may be acted on in one motion unless a member of the Planning Commission or staff requests a separate discussion on an item. G. PUBLIC HEARING – PLANNING COMMISSION

REGULAR MEETING PLANNING COMMISSION PARK AND RECREATION COMMISSION June 21, 2023 5 11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca. RESOLUTION NO. P-23-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ADELANTO, SAN BERNARDINO COUNTY, CALIFORNIA, ADOPTING THE MITIGATED NEGATIVE DECLARATION (STATE CLEARINGHOUSE NO. 2023030264) AND APPROVING A LOCATION AND DEVELOPMENT PLAN 23-01 TO CONSTRUCT A 689,824 SQUARE FOOT BUILDING FOR WAREHOUSE AND DISTRIBUTION USES ON 37.64- ACRES LOCATED ON THE SOUTHWEST CORNER OF RANCHO ROAD AND EMERALD ROAD IN THE LIGHT MANUFACTURING (LM) ZONE IN THE CITY OF ADELANTO, CALIFORNIA (APN: 3128-291-02) SUBJECT TO CONDITIONS AND MAKING FINDINGS IN SUPPORT THEREOF M_________________________S________________________ACTION___________ PUBLIC HEARING OPEN: ________ PUBLIC HEARING CLOSED: __________ 2. General Plan Amendment GPA 23-01, Proposal to amend the Adelanto North 2035 Comprehensive Sustainable Plan Table LC-2 Non-Residential Intensity and Height Standards to revise the maximum height from 50’ to 55’ in the LM/LMCO and ADD Zones. STAFF RECOMMENDATION: Adopt Resolution P-23-14, recommending that City Council Adopt Ordinance 644, find that the proposed General Plan Amendment 23-01 is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3), and Approve General Plan Amendment No. GPA 23-01 which amends the Adelanto North 2035 Comprehensive Sustainable Plan Table LC-2 Non-Residential Intensity and Height Standards to revise the maximum height from 50’ to 55’ in the LM/LMCO and ADD Zones.

REGULAR MEETING PLANNING COMMISSION PARK AND RECREATION COMMISSION June 21, 2023 6 11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca. RESOLUTION NO. P-23-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ADELANTO RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A GENERAL PLAN AMENDMENT TO AMEND THE ADELANTO NORTH 2035 COMPREHENSIVE SUSTAINABLE PLAN TABLE LC-2 NON-RESIDENTIAL INTENSITY AND HEIGHT STANDARDS TO REVISE THE MAXIMUM HEIGHT FROM 50’ TO 55’ IN THE LIGHT MANUFACTURING (LM/LMCO) AND AIRPORT DEVELOPMENT (ADD) ZONES. M_________________________S________________________ACTION___________ I. NEW BUSINESS 1. Director Development Services Comments. J. PLANNING MANAGER/COMMISSIONER’S ANNOUNCEMENTS AND/OR REPORTS 1. Director Development Services Comments 2. Planning / Parks and Recreation Commissioner Comments – Movies in the Park TIME OUT: ____________ M_________________________S________________________ACTION___________ H. PARKS AND RECREATION COMMISSION ITEMS K. ADJOURNMENT

REGULAR MEETING PLANNING COMMISSION PARK AND RECREATION COMMISSION June 21, 2023 7 11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca. L. DECLARATION OF POSTING I, NYEKA ALLEN, PLANNING SECRETARY OF THE CITY OF ADELANTO, OR MY DESIGNEE, HEREBY CERTIFY THAT A TRUE, ACCURATE COPY OF THE FOREGOING AGENDA WAS POSTED ON JUNE 13, 2023, SEVENTY-TWO (72) HOURS PRIOR TO THE MEETING PER GOVERNMENT CODE 54954.2 IN THE GOVERNMENTAL CENTER’S DISPLAY CASE, 11600 AIR EXPRESSWAY, AT THE ADELANTO POST OFFICE AND AT THE ADELANTO LIBRARY. Nyeka Allen Nyeka Allen Secretary of Planning Commission

PLANNING COMMISSION AGENDA REPORT DATE: June 21, 2023 TO: Honorable Chairman and Members of the Planning Commission FROM: James Hirsch, Project Planner SUBJECT: Location and Development Plan 23-01 – Proposal to develop a 689,824 square foot (sf) warehouse/distribution facility on an approximately 37.64 -acre vacant site located on the southwest corner of the intersection of Rancho Road and Emerald Road in the Light Manufacturing (LM) Zone in the City of Adelanto, California ( APN: 3128-291-02). . STAFF RECOMMENDATION: ADOPT Resolution P-23-10 to ADOPT the Mitigated Negative Declaration (State Clearinghouse #2023030264) and APPROVE Location and Development Plan No. LDP 23-01 to construct a 689,824 SF warehouse/distribution facility, (552,864 sf nonrefrigerated warehouse and 96,960 sf cold storage warehouse), and 40,000 sf office space/mezzanine on a 37.64-acre property located on Rancho Road in the Light Manufacturing (LM) zone, based on the findings and subject to conditions of approval. BACKGROUND: Applicant: Craig Wilde, IPG Rancho 38 Holdings LLC 991-C Lomas Santa Fe Drive, Ste 469 Solana Beach, CA 92075 General Location: Southwest corner of Rancho Road and Emerald Road within the City of Adelanto, County of San Bernardino. Assessor’s Parcel No: 3128-291-02 Environmental Determination: A Mitigated Negative Declaration (MND) and a Mitigation Reporting Monitoring Program Existing General Plan and Current Zoning Designation: Light Manufacturing (LM)

LDP 23-01 June 21, 2023 2 Surrounding General Plan and Zoning: North Manufacturing Industrial (MI) South Light Manufacturing (LM) East Light Manufacturing (LM) West Light Manufacturing (LM) Existing Land Use: The project site is currently a vacant/disturbed and contains native vegetation. Surrounding Land Uses: The following chart shows the surrounding land uses: North Rancho Road extends along the north. Holiday Rock Co. located at 12750 Rancho Road and Western States Wholesale located at 12808 Rancho Road and undeveloped land. South Northwest Pipe Company 12351 Rancho Road borders the west half of the site while undeveloped desert land borders the east half of the southern site border. East Unpaved Emerald Avenue extends along east. Then a solar panel farm. West Northwest Pipe Company 12351 Rancho Road. ANALYSIS & REVIEW: PROJECT DESCRIPTION The applicant, IPG Rancho 38 Holdings LLC, is requesting approval of a Location and Development Plan No. LDP 23-01 to construct a 689,824 SF building and relating parking, drainage, landscaping and on and off-site improvements. The proposed project site is located on a 38-acre (1,639,542 SF) parcel that is currently vacant and disturbed. The proposed development would be comprised of one (1) a 689,824 SF building. The proposed project will have 4 driveway access points from Rancho Road. In addition, there will be fire access around the entire building-. The site is zoned as Light Manufacturing (LM). The proposed project would be used for warehouse use. Proposed Building. The proposed project would involve the construction of a new concrete tilt-up panel building consisting of a 689,824 SF of floor area proposed for warehouse/distribution use and 40,000 SF for office space. The proposed maximum height of the building at the top of parapet will be 48-feet. The building will have 104 loading docks; 52 on the west facing elevation and 52 on the east facing elevation with the primary entrances to the building will be located on the north facing elevation. The facility is anticipated to operational 24 hours per day and 365 days per year. The proposed project requires approval of a Location and Development Plan (LDP) to allow for the

LDP 23-01 June 21, 2023 3 construction of a 689,824 SF building and related on-site and off-site improvements. The proposed use(s) of warehouse/distribution are permitted uses within the Light Manufacturing (LM) Zoning District. PROJECT ANALYSIS: GENERAL PLAN (2035 SUSTAINABLE PLAN) AND ZONING CONSISTENCY The Project Site is within the Light Manufacturing (LM) Zoning District and warehouse and distribution uses are permitted in this zoning district. The project will expand the necessary LM uses contemplated by the City’s Adelanto North 2035 Sustainable Plan and the City’s General Plan. As such, the proposed project is consistent with the Adelanto North 2035 Sustainable Plan and the City’s General Plan. More specifically, the project implements Chapter 3 (Economic Development) by providing for job creation, infrastructure expansion and revenue generation. As conditioned, the project is also consistent with the surrounding zoning land uses. The project complies with the applicable LM development and design standards, policies and guidelines outlined in the City’s Zoning Code. As such, the proposed project is consistent with the City’s Adelanto North 2035 Sustainable Plan and the General Plan. DEVELOPMENT STANDARDS The proposed project is subject to the development standards of the LM zone district, which allows for a variety of uses, including the proposed warehouse use. Table 2 below outlines the development standards for the LM zoning district and demonstrates that the project meets or exceeds all standards. Table 2: LM Development Standards Development Standards Required Provided Complies? Minimum Lot Size 20,000 SF 37.64-acre 1,639,542 SF Yes Minimum Lot Width 100’ min. 770’ Yes Minimum Lot Depth 100’ min. 1000’ Yes Minimum Front Setback • To Building • To Parking Area 25’ 10’ 60’ 20’ Yes Minimum Side Setback • Street sides to building • Street sides Parking • Abutting residential 25’ 10’ Twenty-five (25) feet landscaped setback for buildings up to thirty-five (35) feet tall 165’ N/A N/A Yes Minimum Rear Setback • Street sides to building • Street sides Parking • Abutting residential 25’ 10’ Twenty-five (25) feet landscaped setback for buildings up to thirty-five (35) feet tall 100’ 45’ N/A Yes Maximum Building Height 50 ft. 50’ Yes Outdoor Uses and Storage shall Located behind the building or screened from public rights-of-way by a minimum 8’ high solid wall/fence None Yes

LDP 23-01 June 21, 2023 4 As shown in Table 2 above, the proposed project meets or exceeds the development standards established for the LM Zoning District. PARKING, LOADING The proposed project must comply with the Parking and Loading Standards of the Chapter 17.65 of the Adelanto Municipal Code (AMC), which requires all LM zoned developments to provide off-street parking and loading facilities as well as handicap parking. Table 3 below provides a summary of the type and required number of parking stalls provided compared to the number of stalls provided. Table 3: Parking & Loading Requirements Uses Gross SF of Use Regular Space Code Ratio Spaces Required Spaces Provided TOTAL Spaces Provided Complies Regular ADA (included) Regular ADA (included) 1 Industrial Building warehouse and distribution 689,824 Office 1/300 SF Warehouse 1/1000 SF 1/2000SF 1/4000SF 304 10 305 10 305 Yes TOTALS 689,824 - 304 10 305 10 305 Yes The proposed project’s parking demand will be met by a total of 305 parking spaces including ADA spaces, which exceeds the minimum code requirement. FENCING/SCREENING, SECURITY Security for the site includes several components, such as building and parking lot lighting, full-time security personnel, which will patrol the site 24hrs per day, 7 days a week; security cameras, gated entries to truck areas. Non-employees will have limited entry through the north facing façade. The loading area of the site will be secured with 8’ tall, wall with security gates and security guard station. SITE ACCESS/CIRCULATION/TRAFFIC The proposed project site is a relatively flat, rectangle-shaped property of approximately 38-acres located on Rancho Road. The property is currently a disturbed vacant and undeveloped lot. Access to the project site is proposed to be provided by have four driveway access points from Ranch Road. 305 parking spaces will be provided, including 10 ADA parking spaces. The internal roadway and parking will be paved and additional truck parking will be provided. The project was assessed under the Vehicle Miles Traveled (VMT) and it was determined to have a low traffic generation based on the low VMT generating area criterion. Table 2: LM Development Standards Development Standards Required Provided Complies? Landscaping Required 5% of the project area & 10% of parking areas 15% overall included Yes

LDP 23-01 June 21, 2023 5 OFF-SITE UTILITIES AND STREET IMPROVEMENTS As per the conditions of approval detailed by the City Engineer, the Project applicant will be responsible for payment of relevant Development Impact Fees (DIF) and for the mitigation of impacts related to existing drainage and traffic levels plus project traffic. The developer will be responsible for improving their frontage on Rancho Road. Power will be provided by Southern California Edison. Water and sewer will be provided by connections to City water and sewer facilities. BUILDING ARCHITECTURE The proposed building (689,824 SF ) will be a concrete tilt-up panel building. The building will incorporate light beige tones on the walls and will be enhance with darker bronze tones divided through the established expansion joints. The norther façade will also be accented with blue glazing to further enhance and define the main entry. The proposed building meets the intent of design guidelines outlined in Section 17.15 of the AMC for Industrial buildings. The building will improve the visual appearance of the area, which will help to strengthen the local economy and enhance the quality of life for Adelanto residents. HYDROLOGY & WATER QUALITY: According to the Federal Emergency Management Agency (FEMA) flood insurance maps obtained for the City of Adelanto, the proposed project site is located in AE, which is located within a 100-year flood plain. The project is required to conform to Section 17.93.060 – Runoff Control of the Adelanto Municipal Code. In addition, stormwater discharges from construction activities that disturb one or more acres, or smaller sites disturbing less than one acre that are part of a common plan of development or sale, are regulated under the National Pollutant Discharge Elimination System (NPDES) storm-water permitting program. Prior to start of construction, construction operators must obtain coverage under a NPDES permit, which is administered by the State. AIR QUALITY: The Project site is located within the Mojave Desert Air Basin (MDAB), which is under the jurisdiction of the Mojave Desert Air Quality Management District. The Mojave Desert Air Quality Management District (MDAQMD) has established quantitative thresholds for short-term (construction) emissions and long- term (operational) emissions for the criteria pollutants. The proposed project does not present a significant adverse environmental impact per the Initial Study and Mitigated Negative Declaration prepared for the project. The applicant will be required to obtain any required permits from the Mojave Desert AQMD prior to any construction activities on the project site. ENVIRONMENTAL CONSIDERATIONS: An Initial Study (IS) was prepared for the project in accordance with the City’s guidelines, which implements the California Environmental Quality Act (CEQA). The IS was undertaken for the purpose of determining whether the project may have a significant effect on the environment. On the basis of the

LDP 23-01 June 21, 2023 6 IS, staff concluded that the project’s potential significant impacts could be avoided or mitigated to a point where there are clearly no significant effects on the environment through mitigation measures, revisions to the site design, conditions of approval and the application of the City’s zoning ordinance standards and criteria and that there is no substantial evidence in light of the whole record that the project, as revised may have a significant effect on the environment. As such, a Mitigated Negative Declaration (MND) was prepared with a Mitigation Monitoring and Reporting Program (MMRP) that will be implemented for the proposed project. Pursuant to §15703 (a) of CEQA, the IS/ MND was circulated for a 30-day period through the State Clearinghouse (SCH #2023030264), between March 9, 2023, through April 7, 2023 to Responsible Agencies, and interested parties for review and comment for the 30-day public comment period. During the draft IS/MND review period, the Draft IS/MND was available for public review at the Development Services public counter and posted on the City’s website. The City did not receive any comments from responsible and affected agencies during the 30-day public review period. The City received a letter dated April 7, 2023 from Blum. Collins, and Ho representing Golden State Environmental Justice Alliance stating that in their opinion, an Environmental Impact Report (EIR) should be required for the Project. Generally, the response to comments resulted in a reiteration of the conclusion that an EIR is not required because all potentially significant effects of the proposed Project have been reduced to less than significant levels with implementation of mitigation measures. In some instances minor clarifications were added to the IS/MND ; however, none of the comments or responses constituted “significant new information” or met any of the conditions in Section 15073.5 (Recirculation of a Mitigated Negative Declaration Prior to Adoption) of the State CEQA Guidelines that would require recirculation of the Draft IS/MND and no further responses are required. Therefore, a final Mitigated Negative Declaration has been prepared. The comment period closed on April 7, 2023 and no additional comments on the IS/MND have been received as of April 12, 2023 The response to the Blum, Collins, and Ho letter is included in the administrative record for consideration by the Planning Commission and also will be verbally discussed by Staff as part of the public hearing. A separate public hearing notice was published and sent to property owners within 300 feet of the project site for the April 19, 2023 Planning Commission meeting. The hearing was continued at that hearing to May 3rd, 2023. At that hearing testimony was given by the public and the hearing was continued again to June 21st, 2023. ATTACHMENTS: Attachment A: Resolution P-23-10 Attachment B: Planning Conditions of Approval Attachment C: Zoning & Location Map Attachment D: Site Plan, Landscape & Phasing Plan, Elevations Attachment E: Engineering Conditions of Approval Attachment F: Final IS/MND The project MND/MMRP, Initial Study - and Associated Studies are on File at the Planning Department and posted on the Planning Division website at: https://www.ci.adelanto.ca.us/377/CEQA-Process-Policy

LDP 23-01 June 21, 2023 7

ATTACHMENT A RESOLUTION NO. P-23-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ADELANTO, SAN BERNARDINO COUNTY, CALIFORNIA, ADOPTING THE MITIGATED NEGATIVE DECLARATION (STATE CLEARINGHOUSE NO. 2023030264) AND APPROVING A LOCATION AND DEVELOPMENT PLAN 23- 01 TO CONSTRUCT A 689,824 SQUARE FOOT BUILDING FOR WAREHOUSE AND DISTRIBUTION USES ON 37.64-ACRES LOCATED ON THE SOUTHWEST CORNER OF RANCHO ROAD AND EMERALD ROAD IN THE LIGHT MANUFACTURING (LM) ZONE IN THE CITY OF ADELANTO, CALIFORNIA (APN: 3128-291-02) SUBJECT TO CONDITIONS AND MAKING FINDINGS IN SUPPORT THEREOF WHEREAS, the Applicant, Craig Wilde ( IPG Rancho 38 Holdings LLC), has proposed Location and Development Plan No. LDP 23-01 to construct a 689,824 square-foot building for warehouse and distribution uses on 37.64 -acres located on the southwest corner of Rancho Road and Emerald Road (Project) in the Light Manufacturing (LM) zone in the City of Adelanto, California (APN’s: 3128-291-02); and WHEREAS, the Applicant has consented to all conditions of approval (Exhibit A) and WHEREAS, a duly noticed public hearing was held by the City of Adelanto (City) Planning Commission on June 21, 2023, to hear and consider testimony for or against the proposed project; and WHEREAS, prior to the Planning Commission’s public hearing on the project, an Initial Study was prepared for the project, in compliance with the California Environmental Quality Act (CEQA) (Pub. Res. Code § 21000 et seq.), the State CEQA Guidelines (Cal. Code Regs., Tit. 14, § 15000 et seq.) (State CEQA Guidelines), and the City’s Environmental Review Ordinance (Adelanto Municipal Code, Tit. 17, Chapter 17.190) Based on the Initial Study, staff determined that a Mitigated Negative Declaration (MND)for the proposed project should be prepared for adoption pursuant to Sections 20192 of the California Public Resources Code and 15072 of the California Environmental Quality Act, Guidelines; and WHEREAS, the mitigation measures necessary to ensure the Project will not have a significant effect on the environment are contained in the Mitigation Monitoring and Reporting Program (“MMRP”) prepared for the project and were prepared consistent with CEQA and the State CEQA Guidelines; and NOW, THEREFORE, BE IT RESOLVED by the Planning Commission finds that: SECTION 1. The above recitals are all true and correct and are incorporated, by reference herein. SECTION 2. After consideration of the MND and MMRP (contained within the Conditions of Approval, attached as Exhibit A, hereto), together with the comments received during the public review process, the Planning Commission finds, on the basis of the whole record before it, that there is no substantial evidence that the project, as conditioned, will have a significant effect on the environment. SECTION 3. The Planning Commission further finds and determines that the City has complied with CEQA, the CEQA Guidelines, and the City’s Environmental Review Ordinance and the MND determinations reflect the independent judgment of the Planning Commission.

SECTION 4. Based on the analysis of the project with respect to the findings required for the approval of Location and Development Plan No. LDP 23-01: (a) That the proposed Location and Development Plan is consistent with the General Plan; The project is consistent with the General Plan as the site is designated Light Manufacturing (LM), which is consistent with Title 17 of the Adelanto Municipal Code (Zoning Code), which allows for the proposed uses in the LM zoning district with an approved Location and Development Plan. (b) That the nature, condition, and development of adjacent uses, buildings, and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures; The nature, condition and development of adjacent uses, buildings and structures have been considered and the use will not adversely affect or be detrimental to these uses, building or structures, as surrounding properties to the east, west, and south are all currently zoned for LM uses, which permits similar compatible uses. The property to the north has a Manufacturing Industrial (MI) zone designation, which also permits the type of use and Project proposed under LDP 23-01. Specifically, the site is surrounded by industrial uses and vacant land. To the north and west of the site, are industrial uses. To the east of the site is a solar farm. To the south of the site are industrial uses and vacant land. The Project would not adversely affect these surrounding properties. (c) That the site for the proposed use is of adequate size and shape to accommodate the use and buildings proposed; The overall site is approximately 37.64-acres in size, which exceeds the minimum 20,000 square feet required in the LM zoning district and is of adequate size and shape to accommodate the use and proposed building and improvements. The proposed Project will result in a 689,824 sf warehouse/distribution facility (with the option to use the building for cold storage), inclusive of 36,000 sf of office space/mezzanine, 305 automobile parking spaces, and 343 trailer stalls. Based on a lot size that is 1,639,542 sf, the building floor area ratio (FAR) is 0.53 which is within the permissible FAR limitations. (d) That the proposed use complies with all applicable development standards of the zoning district The proposed Project has been designed and conditioned to meet all applicable City zoning and development standards for the LM zoning district. Lot Size The minimum lot size and dimensions for the LM zoning district are established under Section 17.30.080 (Table 30-1 ADD, LM, LI and BP Development Zone District – Development Standards), the proposed Project exceeds the minimum setbacks required as demonstrated below:

Setbacks The applicable setbacks for the proposed Project are established under Section 17.30.080 (Table 30-1 ADD, LM, LI and BP Development Zone District – Development Standards), the proposed Project meets or exceeds the minimum setbacks required as demonstrated below: Height Height standards are established under Section under Section 17.30.080 (Table 30-1 ADD, LM, LI and BP Development Zone District – Development Standards). The proposed Project does not exceed the applicable height maximum of 50 feet for the LM zoning district. Parking Parking minimum requirements are established though Section 17.65.060 of the Zoning Code. Warehouse/distribution uses require one automobile parking space for every 1,000 sf of floor area of the first 20,000 sf; one parking space for every 2,000 sf of floor area for that portion between 20,000 and 40,000 sf; one automobile parking space for every sf of floor area that exceeds 40,000 sf; and one automobile parking space for every 300 sf of floor area dedicated to an office use. Based on a 689,824 sf building, including of 36,000 sf of office space, the Project is required to provide 304 automobile parking spaces. The proposed Project exceeds the minimum parking by providing 305 automobile parking spaces. (e) That the proposed use observes the spirit and intent of this Zoning Code. The proposed Project meets the requirements of the Zoning Code. Business and Manufacturing districts are established to facilitate the development of larger-scale Lot Standard Required Provided Minimum Lot Size 20,000 SF 37.64-acre 1,639,542 SF Minimum Lot Width 100’ min. 770’ Minimum Lot Depth 100’ min. 1000’ Setback Standard Required Provided Minimum Front Setback • To Building • To Parking Area 25’ 10’ 60’ 20’ Minimum Side Setback • Street sides to building • Street sides Parking • Abutting residential 25’ 10’ Twenty-five (25) feet landscaped setback for buildings up to thirty-five (35) feet tall 165’ N/A N/A Minimum Rear Setback • Street sides to building • Street sides Parking • Abutting residential 25’ 10’ Twenty-five (25) feet landscaped setback for buildings up to thirty-five (35) feet tall 100’ 45’ N/A

businesses involved in manufacturing, distribution, or services, as well as office and retail uses in some areas. AMC § 17.30.010. The LM zoning district includes light and manufacturing uses which benefit from separation from residential, office and retail districts. The proposed Project is a 689,824 sf warehouse/distribution building which is a permitted use in the LM zoning district. In addition, to ensure all Code requirements are met, conditions of approval have been added requiring that the Project meet code requirements. SECTION 4. In accordance with the findings set forth above, the Planning Commission hereby approves Location and Development Plan No. LDP 23-01 to use the subject property as specified above and is hereby approved. PASSED, APPROVED AND ADOPTED by the Planning Commission this 21st day of June,2023. Chris Waggener Chairman of the Planning Commission Nyeka Allen Secretary to the Planning Commission ATTACHMENTS: Attachment B: Exhibit A - Conditions of Approval LDP 23-01

I, Nyeka Allen, Planning Secretary for the Planning Commission of the City of Adelanto, California, do hereby certify that the foregoing Resolution No. P-23-10 was duly and regularly adopted at a regular meeting of the Planning Commission of the City of Adelanto on the 21st day of June , 2023, by the following vote, to-wit: AYES: NOES: ABSENT: ABSTAIN: IN WITNESS WHEREOF, I hereunto set my hand and affix the official seal of the City of Adelanto on the 21st day of June, 2023. Nyeka Allen Secretary to the Planning Commission

LDP 23-01 Conditions of Approval Attachment B Exhibit A (Resolution No. P-23-10) Craig Wilde, (IPG Rancho 38 Holdings LLC ) re: Adelanto 38 - Conditions of Approval LDP 23-01 – June 21, 2023 PROJECT: Location and Development Plan No. LDP 23-01 Proposal to develop a 689,824 square foot (sf) warehouse/distribution facility on an approximately 37.64 -acre vacant site located on the southwest corner of the intersection of Rancho Road and Emerald Road in the Light Manufacturing (LM) Zone in the City of Adelanto, California ( APN: 3128-291-02). Applicant: Craig Wilde (IPG Rancho 38 Holdings LLC), 991-C Lomas Santa Fe Drive Suite 469, Solana Beach, CA 92075 PLANNING DEPARTMENT General Conditions: 1. Approval Period. Approval of this project will become valid only after a signed copy of the City’s approval letter is received by the Planning Department acknowledging acceptance of all conditions of approval. If not received within 10 working days after approval action, this approval will be null and void. This approval shall be used within two (2) years of the approval date of this project; by June 21, 2025, otherwise, it shall become null and void and of no effect whatsoever unless extended by the planning commission for up to five (5) additional years as permitted pursuant to Title 17, Section 17.150.070 subd. (b) of the Adelanto Municipal Code . Use means the beginning of the substantial construction under this approval within the two (2) year period which is thereafter diligently pursued to completion and in the event the use hereby permitted ceases operation for a period of one (1) year or more, this approval shall become null and void. 2. Recission- Within 6 months of the date the Project was approved by the City, the applicant may submit a letter to the City notifying it that the applicant intends to abandon the Project and request the final approving body formally rescind the approval. The requested recission will be scheduled before the approving body for formal action to approve or deny the recission. The hearing shall follow the procedures for revocation in accordance with Title 17, Section 17.150.090 of the Adelanto Municipal Code. Applicant is precluded from requesting recission of this land use entitlement after six months from the approval date.

LDP 23-01 Conditions of Approval 3. Modification to Plans. Subsequent modifications of this approval are consistent with the requirements of the zoning district including but not limited to decrease in square footage, change in building height up to that allowed in the zoning district, location and / or orientation of structures, alteration of parking and circulation design, minor changes to the Conditions of Approval, interpretations of the Conditions of Approval relative to intent, necessity of, and timing, may be approved by the Community Development Director, unless the Director requires a Substantial Conformance or Revised Permit application in accordance with the City’s Development Code. 4. Phasing. The project shall be completed as a one (1) phase development. 5. (a) Indemnity. The applicant shall defend (with attorneys approved by the City), indemnify and hold harmless the City of Adelanto, its agents, officers, and employees from any claims, damages, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, its advisory agencies, appeal boards, or legislative body concerning Location and Development Plan 23-01 and the CEQA determinations pertaining thereto. The City will promptly notify the permittee of any such claim, action, or proceeding against the City and will cooperate fully in the defense. (b) Indemnification of the City. Applicant shall execute an agreement to defend, indemnify and hold harmless the City, its agents, officers and employees from all claims against the City for damages, and other action, liability or proceeding to attack, set aside, void or annual the Project or any act or determination related to City’s process and approval of the Project, including but not limited to, an action to attack, challenge, set aside, void or otherwise modify or annul the approval of the entitlement, the environmental review, or the approval or subsequent permit decision to claim to personal property damage, including inverse condemnation or any other constitutional claim. Applicant’s obligations under this Agreement shall include, without limitation, payment of all court costs and attorney fees, all litigation-related costs, all judgments and awards against the City (including an award of attorneys’ fees), and all settlement costs. (c) The City shall notify the Applicant promptly of any claim, action or proceeding and reasonably cooperate in the defense. Upon receiving such notification, Applicant shall assume the defense of the claim, action, or proceeding, including the employment of counsel satisfactory to City, which approval shall not be unreasonably withheld. In the event of a disagreement between the City and Applicant over litigation issues, City shall have authority to control the litigation and make litigation decisions, including but not limited to, settlement or other disposition of the matter. City’s participation in the defense of any such action shall not relieve the Applicant of any obligation imposed by this condition. If City determines that having common counsel would create a conflict of interest, or if Applicant fails to promptly assume the defense or to promptly employ counsel satisfactory to City, then City may hire counsel for its own defense, and Applicant shall pay the reasonable attorney fees and costs of such counsel within 30 days after receiving itemized invoices. Applicant shall also pay for all costs and fees related to any additional investigation or study, or for supplementing or revising any document, including, without limitation, environmental documents.

LDP 23-01 Conditions of Approval 6. Fees. All fees and charges the City has or intends to adopt that are due at the time of utility connection or when building permit(s) is/are issued shall be paid for the Developed Area, as required by the City. 7. Outstanding Costs. Any fees due to the City of Adelanto for processing this project shall be paid to the City within 30 calendar days of final action. Failure to pay such outstanding fees within the time specified shall invalidate any approval or conditional approval granted by this action. No permits, site work, or other actions authorized by this entitlement shall be permitted, authorized or commenced until all outstanding fees are paid to the City. 8. CEQA/Fish and Game Fees. The applicant/owner shall file a Notice of Determination with San Bernardino County and pay related County fee for such within five (5) days after the effective date of conditional approval. The applicant should be aware that Section 21089(b) of the Public Resources Code provides that any project approved under CEQA is not operative, vested or final until the required fee is paid. Proof of filing is required prior to issuance of any permits. 9. Mitigation Monitoring Reporting Program for LDP 23-01. The project shall incorporate mitigation measures specified in the adopted IS/MND that would avoid or mitigate effects to point where clearly no significant environmental impacts on the environment would occur. 10. Architectural Design. The proposed architectural design shall be consistent with the design standards provided in the Adelanto General Plan and Industrial Design Guidelines, as shown on the revised site plan package presented to the Planning Commission. 11. City Codes. The project shall comply with all disabled access requirements of the Americans with Disabilities Act (ADA) and Title 24 of the California Code of Regulations (California Building Standards Code), and all local requirements of the City of Adelanto Municipal Code, including but not limited to Title 17 (Zoning Code), including but not limited to zoning district regulations for the LM zoning district, approved site plan package, stamped June 21, 2023, presented to the Planning Commission. 12. Plans. Plan submittals shall be prepared and signed by a California Licensed Architect or Engineer per State of California, Business and Professions Code. All plans shall be drawn to a standard scale. 13. Development Restrictions. The physical development of the site shall be reviewed and approved by the City. Any use, activity, and/or development occurring on the site without appropriate City approvals shall constitute a code violation and shall be treated as such. Placement of any construction trailer or storage of construction materials shall require separate review and approval by the City. 14. Containers/ Outdoor Storage. All outdoor storage including the stacking of shipping containers shall comply with the requirements in Title 17, Section 17.30.050. Placement and stacking of shipping containers shall only be allowed within the areas identified on the Site Plan dated May 12, 2023 and approved as part of this entitlement. Container stacking within the interior of the site shall not exceed the building height allowed in the zoning district. Other storage along the public right-of-way shall not exceed the height of the screen wall. 15. Trash Enclosures. All required trash receptacles proposed for the site shall comply with the requirements in Title 17, Section 17.30.040 subd. (b) of the Adelanto Municipal Code,

LDP 23-01 Conditions of Approval including but not limited to the provision of a six (6) foot high decorative masonry wall with solid, view-obstructing gates. A pedestrian entrance shall be provided into each trash enclosure. 16. Approved Uses. All new uses within the property boundaries shall be reviewed and approved by the Planning Department. Should the developer propose a more intensive use requiring additional parking spaces, additional employees, more restroom facilities, significant change from original conceptual landscaping plans, etc., the proposed use shall be presented for review by the Planning Department for compliance with the original approval. The new proposed use may be subject, but not limited to: A Modification to Location and Development Plan application, a new Location and Development Plan Application, and/or a Utility Feasibility Study application. 17. Required Approvals. The developer shall obtain the following clearances or approvals: a. Verification from the Planning Department that all Conditions of Approval have been met, including any administrative development plan review approvals, as mandated by the Adelanto Municipal Code. b. Building and Safety Department c. Engineering Department/Public Works d. San Bernardino County Fire Department e. Mojave Desert AQMD f. California Department of Fish and Wildlife g. Any other required approval from an outside agency Air Quality 18. BMP-AQ-1 TRU Electrical Connections: Electrical hookups shall be provided as part of the tenant improvements for any tenant that requires cold storage. The electrical hookups shall be provided at loading bays for truckers to plug in any onboard auxiliary equipment and power refrigeration until while their truck is stopped. BMP-AQ-2 Truck Access Gate Signage: All truck access gates and loading docks within the project site shall have a sign posted that states: ▪ Truck drivers shall turn off engines when not in use. ▪ Truck drivers shall shut down the engine after five minutes of continuous idling operation once the vehicle is stopped, the transmission is set to “neutral” or “park”, and the parking brake is engaged. Telephone numbers of the building facilities manager and CARB to report Violations. Biological Resources 19. MM BIO-1. Burrowing Owl Pre-Construction Survey. Prior to any ground disturbance, pre-construction surveys for Burrowing Owls on the project site and in the surrounding area in accordance with the Staff Report on Burrowing Owl Mitigation, State of California Natural Resource Agency, Department of Fish and Game, May 7, 2012, shall be conducted no

LDP 23-01 Conditions of Approval more than 14-days prior to the beginning of project activities, and a secondary survey must be conducted by a qualified biologist within 24 hours prior to the beginning of project construction to determine if the project site contains suitable burrowing owl or sign thereof and to avoid any potential impacts to the species. The surveys shall include 100 percent coverage of the project site. If both surveys reveal no burrowing owls are present or sign thereof, no additional actions related to this measure are required and a letter shall be prepared by the qualified biologist documenting the results of the survey. The letter shall be submitted to CDFW prior to construction. If occupied active burrows or sign thereof are found within the development footprint during the pre-construction clearance survey, Mitigation Measure BIO-3 shall apply. 20. MM BIO-2. Burrowing Owl Avoidance/Relocation. If active burrows or signs thereof are found within the development footprint during the pre-construction clearance surveys, site- specific non-disturbance buffer zones shall be established by the qualified biologist and shall be no less than 300 feet. If determined appropriate, a smaller buffer may be established by the qualified biologist following monitoring and assessments of the Project’s effects on the burrowing owls. If it is not possible to avoid active burrows, passive relocation shall be implemented if a qualified biologist has determined there are no nesting owls and/or juvenile owls are no longer dependent on the burrows. A qualified biologist, in coordination with the applicant and the City, shall prepare and submit a passive relocation program in accordance with Appendix E (i.e., Example Components for Burrowing Owl Artificial Burrow and Exclusion Plans) of the CDFW’s Staff Report on Burrowing Owl Mitigation (CDFG 2012) for CDFW review/approval prior to the commencement of disturbance activities onsite and proposed mitigation for permanent loss of occupied burrow(s) and habitat consistent with the 2012 Staff Report on Burrowing Owl Mitigation. When a qualified biologist determines that burrowing owls are no longer occupying the Project site and passive relocation is complete, construction activities may begin. A final letter report shall be prepared by the qualified biologist documenting the results of the passive relocation. The letter shall be submitted to CDFW. 21 MM BIO-3. Mohave Ground Squirrel Pre-Construction Survey. Pre-construction surveys Following the Mohave Ground Squirrel Survey Guidelines (CDFG 2010), or most recent version shall be performed by a qualified biologist authorized by a Memorandum of Understanding issued by CDFW. The pre-construction surveys shall cover the Project Area and a 50- foot buffer zone. If Mohave ground squirrel presence is confirmed during the survey, the Project Proponent should obtain an ITP for Mohave ground squirrel prior to the start of Project activities. CDFW shall be notified if Mohave ground squirrel presence is confirmed during the pre-construction survey. If a Mohave ground squirrel is observed during Project activities, and the Project Proponent does not have an ITP, all work shall immediately stop, and the observation shall be immediately reported to CDFW. 22. MM BIO-4. Desert Tortoise Pre-Construction Survey. A CDFW – approved biologist shall conduct pre-construction presence/absence surveys for desert tortoise during the desert tortoise active season (April to May or September to October) 48 hours prior to initiation of Project activities and after any pause in Project activities lasting 30 days or more. Desert tortoise preconstruction surveys shall be conducted in accordance with the U.S. Fish and Wildlife Service (USFWS) 2019 desert tortoise survey methodology. Preconstruction surveys shall be completed using 100-percent visual coverage for desert tortoise and their sign and shall use perpendicular survey routes within the Project site and 50-foot buffer zone. Pre-

LDP 23-01 Conditions of Approval construction surveys cannot be combined with other surveys conducted for other species while using the same personnel. Project Activities cannot start until 2 negative results from consecutive surveys using perpendicular survey routes for desert tortoise are documented. Results of the survey shall be submitted to CDFW prior to start of Project activities. If the survey confirms desert tortoise absence, the CDFW approved biologist shall ensure desert tortoise do not enter the Project area. If desert tortoise presence is confirmed during the survey, the Project Proponent shall submit to CDFW for review and approval a desert tortoise specific avoidance plan detailing the protective avoidance measures to be implemented to ensure complete avoidance of take (California Fish and Game Code §86 defines “take” as “hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill”) to desert tortoise. If complete avoidance of desert tortoise cannot be achieved, the Project Proponent shall not undertake Project activities, and Project activities shall be postponed until appropriate authorization (i.e., California Endangered Species Act (CESA) Incidental Take Permit (ITP) under Fish and Game Code §2081) is obtained. If complete avoidance of desert tortoise is infeasible, CDFW recommends that the Project Proponent apply for a CESA ITP and prepare a site-specific Desert Tortoise Translocation Plan (Plan) that will provide details on the proposed recipient site, desert tortoise clearance surveys and relocation, definitions for Authorized Biologists and qualified desert tortoise biologists, exclusion fencing guidelines, protocols for managing desert tortoise found during active versus inactive seasons, protocols for incidental tortoise death or injury, and shall be consistent with project permits and current USFWS and CDFW guidelines. The Plan shall also include a requirement for communication and coordination with the Bureau of Land Management (BLM) regarding the desert tortoise recipient site. Prior to construction, the Plan shall be subject to the review and approval of the CDFW and the USFWS. Impacts shall be offset through acquisition of compensatory land within occupied desert tortoise habitat and/or mitigation bank credit purchase from a CDFW- approved mitigation bank mitigated at a ratio determined by CDFW after Project analysis. 23 MM BIO-5. Worker Environmental Awareness Training: A qualified biologist must present a biological resource information training for desert tortoise, Mohave ground squirrel, and burrowing owl prior to project activities to all personnel that will be working within the project site. The same instruction shall be provided for any new workers prior to their performing any work on-site. Interpretation shall be provided for any non-English speaking workers. 24 MM BIO-6. Deceased or Injured Tortoise Within the Project Site: USFWS and CDFW shall be informed of any injured or deceased desert tortoise (and other special-status species) found on site (verbal notice within 24-hours and written notification within 5-days). 25. MM BIO-7-Species Avoidance: If during project activities a desert tortoise is discovered within the project site, all activities shall immediately stop and the CDFW- shall be immediately notified (within 24 hours). Coordination with respective State and Federal resource agencies shall be required prior to restarting activities to determine appropriate avoidance, minimization, and mitigation measures.

LDP 23-01 Conditions of Approval 26. MM BIO-8. Nesting Bird Pre-Construction Survey. Regardless of the time of year, a pre- construction sweep shall be performed to verify absence of nesting birds. A qualified biologist shall conduct the pre-activity sweep within the Project areas (including access routes) and a 500-foot buffer surrounding the Project areas, within 2 hours prior to initiating Project activities. Additionally, a nesting bird survey shall be conducted by a qualified biologist no more than three (3) days prior to the initiation of project activities, including, but not limited to clearing, grubbing, and/or rough grading to prevent impacts to birds and their nests. The survey shall be conducted by a qualified biologist. Surveys shall include any potential habitat (including trees, shrubs, the ground, or nearby structures) that may be impacted by activities resulting in nest destruction or abandonment. If nesting bird activity is present, a no-disturbance buffer zone shall be established by the qualified biologist around each nest to prevent nest destruction or abandonment. If nesting bird activity is present, a no- disturbance buffer zone shall be established by the qualified biologist around each nest to prevent nest destruction and disruption of breeding or rearing behavior. The buffer shall be a minimum of 500 feet for raptors and 300 feet for songbirds, unless a smaller buffer is specifically determined by a qualified biologist familiar with the nesting phenology of the nesting species. The buffer areas shall be avoided until the nests are no longer occupied and the juvenile birds can survive independently from the nests, as confirmed by a qualified biologist. A qualified biologist shall inspect the active nest to determine whether construction activities are disturbing the nesting birds or nestlings. If the qualified biologist determines that construction activities pose a disturbance to nesting, construction work shall be stopped in the area of the nest and the “no disturbance buffer” shall be expanded. If there is no nesting activity, then no further action is needed for this measure. Cultural Resources 27 CR-1: Resource Discovery. In the event that cultural resources are discovered during project activities, all work in the immediate vicinity of the find (within a 60-foot buffer) shall cease and a qualified archaeologist meeting Secretary of Interior standards shall be hired to assess the find. Work on the other portions of the project outside of the buffered area may continue during this assessment period. Additionally, the Yuhaaviatam of San Manuel Nation Cultural Resources Department (YSMN) shall be contacted, as detailed within TCR 1, regarding any pre-contact and/or historic-era finds and be provided information after the archaeologist makes his/her initial assessment of the nature of the find, so as to provide Tribal input with regards to significance and treatment. 28 MM CR-2: Monitoring and Treatment Plan. If significant pre-contact and/or historic-era cultural resources, as defined by CEQA (as amended, 2015), are discovered and avoidance cannot be ensured, the archaeologist shall develop a Monitoring and Treatment Plan, the drafts of which shall be provided to YSMN for review and comment, as detailed within TCR- 1. The archaeologist shall monitor the remainder of the project and implement the Plan accordingly. Geology and Soils

LDP 23-01 Conditions of Approval 29 MM PALEO-1: Inadvertent Discovery of Paleontological Resources. If paleontological resources are encountered during implementation of the Project, (including areas impacted by off-site street improvements) ground-disturbing activities will be temporarily redirected from the vicinity of the find. A qualified paleontologist (the “Project Paleontologist”) shall be retained by the developer to make an evaluation of the find. If the resource is significant, Mitigation Measure PALEO‐2 shall apply. 30 MM PALEO-2: Paleontological Treatment Plan. If a significant paleontological resource(s) is discovered on the property,(including areas impacted by off-site street improvements), in consultation with the Project proponent and the City, the qualified paleontologist shall develop a plan of mitigation which shall include salvage excavation and removal of the find, removal of sediment from around the spec