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HomeMy WebLinkAboutAppendix B1 - Biological Updates and Improvements to Project LetterMEMORANDUM 1940 E Deere Avenue, Suite 250 ● Santa Ana, California 92705 ● 949.837.0404 PROJECT NUMBER: 1532-0001WEST TO: Steve Hollis Brian Caris John Condas Tracy Zinn CC: Matthew Lee FROM: Martin Rasnick DATE: July 22, 2022 SUBJECT: West Valley Logistics Center Specific Plan Project; Fontana: Biological Updates/Improvements to Project Glenn Lukos Associates (GLA) is providing the West Valley Logistics Center Project (Project) team with an update regarding biological improvements to the Project. The Project Specific Plan, Final Environmental Impact Report (FEIR), and the FEIR Mitigation, Monitoring, and Reporting Program (MMRP) require the following conservation:  The preservation of a minimum of 55.23 acres of natural hillside open space, which includes restoration of 21.20 acres of Riversidean Sage Scrub (RSS) habitat;  The creation of a 10.60-acre avian rooftop habitat feature which would support ground- level native plantings and rooftop plantings of RSS habitat plant species to create vegetative substrate that could facilitate avian species’ east-west dispersal between the proposed 55.23-acre on-site RSS conservation area and nearby undeveloped RSS habitats; and  A minimum of 14.93 acres of detention basins/open space within the Project. Changes proposed to the Project conservation includes the following: Steve Hollis, IDI Logistics, Inc. Brian Caris, IDI Logistics, Inc. John Condas, Allen Matkins Tracy Zinn, T&B Planning July 22, 2022 Page 2  The preservation of 67.72 acres of natural hillside open space, which includes restoration of a minimum of 21.20 acres of RSS habitat. This is an approximate 20 percent increase in natural habitat preservation and restoration which will all be managed through long- term management as described in FEIR MMRP Mitigation Measure BIO-6;  A total of 23.86 acres of detention basins/landscaped slopes/open space area, which conforms and complies with the Specific Plan;  A 17.20-acre buffer zone between development and natural hillside open space and/or detention basins/open space. This is not required by the Specific Plan but is being proposed as an environmentally sensitive project design feature to further protect habitat and wildlife utilizing the natural hillside open space and/or the detention basins/open space areas; and  The purchase of 16 acres of alluvial scrub habitat mitigation credits from the Lytle Creek Mitigation Bank. This mitigation purchase replaces the formerly proposed 10.60-acre Avian Habitat Feature which was to be located on rooftops in the southern portion of the Project site. This requirement would not mitigate the loss of any habitat but was intended to maintain connectivity between habitat blocks east and west of the Project site. One reason for the proposed elimination of the proposed RSS on the building rooftops is that it conflicts with other uses, including a requirement to install rooftop solar energy systems (Mitigation Measure GHG-1) and it is in the best interest of the Project to use the rooftop area solely for solar energy systems, rather than using portions of the rooftops for RSS. Although the purchase of RAFSS credits does not directly replace the intent of the rooftop RSS, and is also not needed to mitigate Project impacts to RSS, the RAFSS credits provide an added Project benefit by procuring avian habitat at a higher quality than otherwise would have been provided by the rooftop RSS, while also benefitting other native species that the rooftop RSS would not, as isolated patches are unreachable by terrestrial species. The attached table (Table 1) depicts proposed updates and improvements to the biological mitigation required by the Specific Plan, the FEIR, and the FEIR MMRP. Steve Hollis, IDI Logistics, Inc. Brian Caris, IDI Logistics, Inc. John Condas, Allen Matkins Tracy Zinn, T&B Planning July 22, 2022 Page 3 Table 1, Open Space Comparison; Specific Plan Requirements vs. Project Proponent Mitigation Proposal Original Biological Requirements Updated Biological Improvements Proposed by Project Proponent Exceeds Specific Plan, FEIR, and FEIR MMRP Requirements Net Gain/(Net Loss) 55.23 acres of natural hillside open space including restoration of 21.20 acres of RSS Habitat 67.72 acres of natural hillside open space including restoration of a minimum of 21.20 acres of RSS Habitat 12.49 acres 14.93 acres of detention basins/landscaped slopes/open space 23.86 acres of detention basins/landscaped slopes/open space 8.93 acres No buffer zone requirement 17.20 acres of buffer zone 17.20 acres 10.60-acre avian rooftop habitat feature 16.00 acres of mitigation credit purchase from the Lytle Creek Mitigation Bank 5.40 acres TOTAL: 80.76 acres TOTAL: 124.78 TOTAL: 44.02 acres A biological mitigation matrix is attached which documents how the project is in substantial conformance with the biological mitigation measures in the CEQA document and the biological mitigation measures in the Specific Plan. Additionally, Exhibits 1, 2, 3, and 4 attached depict the project. Please contact me at (714) 323-6221 on my cellular telephone or via email at mrasnick@wetlandpermitting.com should you have questions. Thanks. p:1532-1b.mem.docx_072222 Source: ESRI World Street Map 0 2 4 8 MilesRegional Map^_Exhibit 1±WEST VALLEY LOGISTICS CENTER PROJECTPROJECTLOCATION Adapted from USGS Fontana, CA quadrangle Vicinity Map0 1,000 2,000 4,000 Feet±WEST VALLEY LOGISTICS CENTER PROJECTExhibit 2Service Layer Credits: Copyright:© 2013 National Geographic Society, i-cubedPROJECTLOCATION X:\1100 AFTER THE REST\1532-01WEST\1532-1_GIS\MitigationGIS\1532-1_Conservation_OS_Map.mxd Exhibit 3 0 600 1,200300 Feet ± 1 inch = 600 feet WEST VALLEY LOGISTICS CENTEROpen Space Dedication MapArmstrong RoadAlder AvenueLocust Avenue7th Street Project Site Open Space Area (23.86 ac.) Open Space Dedication (67.72 ac.) Buffer Zone (17.20 ac.) Disturbed (4.34 ac.) Disturbed Riversidean Sage Scrub (4.63 ac.) Non-Native Grassland (25.43 ac.) Olive Tree Row (3.79 ac.) Riversidean Sage Scrub (29.53 ac.) X:\1100 AFTER THE REST\1532-01WEST\1532-1_GIS\MitigationGIS\1532-1_Conservation_Dev_Map.mxd Exhibit 4 0 600 1,200300 Feet ± 1 inch = 600 feet WEST VALLEY LOGISTICS CENTER Open Space Dedication/Development MapArmstrong RoadAlder AvenueLocust Avenue7th Street Project Site Project Site Plan Open Space (Basins & Landscaped Slopes) (23.86 ac.) Open Space Dedication (67.72 ac.) Buffer Zone (17.20 ac.) SUBSTANTIAL CONFORMANCE CHECKLIST WEST VALLEY LOGISTICS PROJECT CEQA Biological Mitigation Measures/ Specific Plan Biological Measure Number CEQA Biological Mitigation Measure/ Specific Plan Requirement Client CEQA Biological Mitigation Measure/ Specific Plan Measure Proposed SP-B-1 Open Space – Natural Area. The West Valley Logistics Center Specific Plan sets aside 55.23 acres of natural open space in the western portion of the West Valley Logistics Center Specific Plan area to protect existing habitat areas. No buildings are permitted within this area, and only uses consistent with the habitat conservation purpose of the area will be permitted. 67.72 acres of natural hillside open space including restoration of a minimum of 21.20 acres of RSS Habitat. The actual mitigation proposal would restore 29.95 acres of RSS Habitat. This is a 30% increase in RSS Habitat within the open space dedication area. SP-B-2 Habitat Management Plan: The Riversidean Sage Scrub Mitigation and Monitoring Plan prepared as part of the West Valley Logistics Center Specific Plan provides for the long-term management of the on-site Riversidean sage scrub (RSS) habitat. It preserves in perpetuity 44.8 acres of RSS habitat located on the eastern edge of the Jurupa Mountains. See response to Specific Plan Condition SP-B-01 above. The project would actually preserve and/or restore 55.53 acres of RSS Habitat. SP-B-3 Avian Habitat Feature. An avian habitat feature will be created using ground-level native plantings and rooftop plantings of Riversidean sage scrub (RSS) habitat plant species to create vegetative substrate that could facilitate avian species’ east-west dispersal between the proposed 55.23-acre on-site RSS conservation area and nearby undeveloped RSS habitats. 16.00 acres of mitigation credit purchase from the Lytle Creek Mitigation Bank. This habitat is equal to or superior in place of the 10.00 acres previously proposed on project rooftops which is infeasible. Mitigation Measure BIO-1 Pre-Construction Focused Surveys of Proposed Conservation Area and Development Area to Confirm Absence of Special-Status Species. Pre-construction Surveys within the Proposed Conservation Area for San Diego Black-tailed Jackrabbit. At least 48 hours prior to initiation of water pipeline construction activities, the 5.2-acre construction area shall be surveyed to confirm the absence of San Diego black-tailed jackrabbits. If individuals of the species are observed within the construction footprint, their movements shall be monitored until it can be confirmed that each individual has left the pipeline construction area. After that, exclusion fencing shall be established to prevent individuals of the species from re-entering the construction area during construction. Pre-construction Survey within the Proposed Development Area for Western Burrowing Owl. The project applicant shall retain a qualified biologist to conduct preconstruction surveys for burrowing owls no fewer than 14 days prior to any ground-disturbing activities, to be repeated 24 hours prior to grading. The preconstruction surveys shall be approved by the City of Fontana Director of Community Development and conducted in accordance with current survey protocols provided in the CDFW Staff Report on Burrowing Owl Mitigation (March 7, 2012). In the event a burrowing owl is found to be present on site during the preconstruction survey, the project applicant shall ensure that the applicable avoidance measures outlined in the CDFW Staff Report on Burrowing Owl Mitigation (March 7, 2012) are applied to the proposed project (e.g., avoid direct impacts on occupied burrows during nesting season). Any active avoidance measures during the breeding season must to be coordinated with CDFW. This survey will occur as proposed within 48 hours of commencing construction activities associated with the water pipeline. Pre-construction burrowing owl surveys will also be conducted as documented in, and in compliance with, Mitigation Measure BIO-1. Pre-construction nesting bird surveys will also be conducted pursuant to Mitigation Measure BIO-1 should construction commence and occur during the nesting bird season (January 1st through August 31st). Pre-construction rare plant surveys will be conducted as required by and in compliance with Mitigation Measure BIO-1. Pre-construction Nesting Bird Survey of the Proposed Development Area. Nesting birds are protected pursuant to the MBTA and California Fish and Game Code. If ground-disturbing activities or removal of any trees, shrubs, or any other potential nesting habitat are scheduled within the avian nesting season (January 1 to August 31), a preconstruction clearance survey for nesting birds shall be completed no more than 3 days prior to ground disturbance. This will ensure that no nesting birds adjacent to the construction area will be disturbed during construction. If nesting birds are found, an avoidance buffer no less than 300 feet shall be established around the nest until all young have fledged and the nest is confirmed by a qualified biologist to be no longer active. Pre-construction Surveys for Special-Status Plants: Prior to construction, or any other project site development-related ground disturbance activities including vegetation removal within RSS habitat that would occur during water pipeline construction, the applicant shall conduct pre‐construction presence/absence surveys for Plummer’s mariposa lily, Parry’s spineflower, and paniculate tarplant by a qualified botanist. Surveys shall be conducted in accordance with CNPS and CDFW rare plant survey guidelines and shall be conducted during the flowering period when each species is most readily identifiable. A botanist shall determine the blooming period for each species and verify blooming during the growing season by visiting a reference site to observe if the target species is flowering or otherwise identifiable. A species-specific survey may be required for each special-status plant depending upon the blooming period. Any special-status plant populations shall be mapped in the field. If the presence of any special-status plant species is confirmed, a copy of the survey results shall be forwarded to CDFW for entry into the CNDDB. In the event that special-status plants are not identified within the WVLCSP development areas, including areas used for construction, no further action is required. If special-status species are determined to be present within the RSS habitat, then prior to issuance of project grading permit, a 5-year on-site restoration mitigation and monitoring program subject to CDFW review and to be included as part of the Streambed Alteration Agreement shall be developed and implemented for any planting areas established to mitigate impacts on special-status plant species. Restoration success criteria shall include: 1. Establishment of mitigation site(s) within the conservation area, where plant restoration will occur. 2. Identification by a qualified botanist of an appropriate plant palette and restoration methodology compatible with the specific affected special-status species. Mitigation sites could include existing RSS habitat areas in the preservation area, depending on site conditions and locations of special-status plants found. Mitigation Measure BIO-2 Installation of Environmentally Sensitive Area Fencing to Prevent Encroachment into the 55.23-acre Conservation Area during Construction. At or before the start of construction, including pre-construction establishment of staging areas and/or initiation of grading activities, Environmentally Sensitive Area (ESA) fencing shall be installed along the western limits of disturbance to prevent encroachment into preserved lands. Educational signage shall also be posted to inform workers and area residents of the sensitivity of biological resources in the area. The fencing shall be inspected by a qualified biological monitor once per week during construction to ensure the fencing is intact and construction activities are not encroaching into preserved lands. Implementation of this measure would not be required should the permanent fencing or barrier called for in Mitigation Measure BIO-5 be constructed prior to the start of construction. Prior to the start of construction, the project biologist and contractor will install environmentally sensitive habitat fencing as required by and in compliance with Mitigation Measure BIO-2. Mitigation Measure BIO-3 Habitat Mitigation and Monitoring Plan. In coordination with the CDFW Streambed Alteration Agreement, a habitat mitigation and monitoring plan (HMMP) and up to 5 years of post-restoration monitoring and reporting will be established for the 55.23-acre conservation area. The HMMP must include the following key actions to protect the conservation area RSS habitat: • Document the baseline conditions within the RSS Open Space Area. • Eradicate weeds and other undesirable plants within the disturbed portions of the RSS Open See response to Condition SP-B-2. Space Area. Tasks include conducting weed eradication or thinning, disposing of weed species annually, reseeding, and bi-annual monitoring of the site to document treatment actions. • Remove olive trees and pepper trees within the conservation area and implement restoration of RSS in their place. • Create vegetated areas along the southern boundary of the project site to accommodate potential avian movement between Rattlesnake Mountain and the Jurupa Hills regions. • Control and prevent trespassing, dumping and other human intrusion into the RSS open space area through permanent fencing, signage, and coordination with the City of Fontana. • Eliminate signs of human disturbance through annual cleanup. Mitigation Measure BIO-4 On-site Restoration of 16 Acres of RSS within the Proposed Conservation Area. A minimum of 16 acres of area shall be restored to establish additional RSS plant community within the conservation area (see Figure 4.2.3-4). Appendix D includes a detailed plant palette that would be utilized for restoration of the RSS plant community within the conservation area. Restoration of RSS would occur in the portions of the conservation area that currently support non-native grasslands, disturbed areas, or non-native trees and those portions would be graded, planted, and seeded with RSS plant community species listed in Appendix D. As described in the HMMP (Mitigation Measure BIO-3), and in coordination with CDFW as part of the Streambed Alteration Agreement, a monitoring plan and up to 5 years of post-restoration This restoration plan has been prepared and provided to the City in compliance with Mitigation Measure BIO-4. monitoring and reporting will be established for the restored area within the 55.23-acre conservation area. Mitigation Measure BIO-5 On-site restoration of 5.2 acres of RSS Disturbed by Water Pipeline Construction within the Proposed Conservation Area. Immediately following conclusion of construction of the water pipeline, the 5.2-acre pipeline construction footprint shall be planted and seeded with RSS plants consistent with the plant palette included in Appendix D. As described in the HMMP (Mitigation Measure BIO-3), and in coordination with CDFW as part of the Streambed Alteration Agreement, a monitoring plan and up to 5 years of post-restoration monitoring and reporting will be established for this area that occurs within the conservation area on site. See response to Mitigation Measure BIO-3 and Condition SP-B-2. Mitigation Measure BIO-6 Post-Construction Long-term Management and Protection of Proposed Conservation Area. A permanent fence or barrier shall be erected to protect the 55.23-acre conservation area, the RSS habitat, and restored RSS habitat proposed to occur there. The design and materials used for the fencing shall be consistent with fuel management zone specifications for fencing. The fence shall consist of a three or four rail wooden fence, three or four strand barbless wire with metal t-posts, or other such materials and configuration that will allow for the passage of wildlife while restricting project personnel and the public from accessing the preserved lands. Coordination with a qualified biologist shall occur for the fence design to ensure the fence will not restrict See Mitigation Measures BIO-2, BIO-3, and Condition SP-B-2. movement of mammals or entangle wildlife. Signage will also be installed that clearly states that access beyond the fence is prohibited. To remain consistent with aesthetic considerations, signage shall be installed where it is easily visible, but not visually obtrusive. The project applicant shall be responsible for the cost and implementation of fencing and signage. The project applicant shall also be responsible for maintenance of the fencing and signage until a Property Owners’ Association is established that will assume such responsibility in perpetuity. Mitigation Measure BIO-7 Replacement of Affected Wetland Areas. At a minimum, compensation at a 1:1 ratio for the loss of 0.27 acre of waters of the State and 0.47 acre of area that meets the CDFW jurisdictional definition would occur off site through the purchase of credits at a local mitigation bank. The in-lieu fee program or off-site mitigation bank credits purchased shall be documented and included in the CDFW Streambed Alteration Agreement required to be provided to the City prior to initiation of site grading activities. Mitigation will occur at the Riverpark Mitigation Bank, or another mitigation bank approved by the CDFW through the 1602 Streambed Alteration Agreement process. Mitigation will occur at a minimum 1:1 ratio. Mitigation Measure BIO-8 Perform Tree Inventory and Protect, Relocate, or Replace any City-designated Heritage, Significant, or Specimen Trees in Accordance with City Code Requirements. A certified arborist shall perform a tree inventory to identify the heritage, significant, or specimen trees within the limits of disturbance. The arborist will document species, age, size, structure, and trunk diameter. If one or more heritage, significant, or specimen trees that occur within the limits of disturbance would be disturbed or removed by project activities, the All City-designated heritage specimen, and significant trees will either be protected, replaced, inventoried, and/or relocated pursuant to City Code requirements. This will occur as part of a tree survey conducted for the project. project applicant shall be responsible for the protection, relocation, and/or replacement of the tree(s). A permit for the removal of these trees will be required (Section 28-68) along with implementation of the protective measures (Section 28-66) to avoid impacts on heritage, significant, and specimen trees outside of the limits of disturbance. Trees that will be removed must be replaced or relocated per the guidelines in Section 28-67 of the Tree Preservation Ordinance. As indicated by Section 28‐65 of the Tree Preservation Ordinance, no permit or replacement shall be required for the removal of: damaged parts of a heritage, significant, or specimen tree that has sustained an injured trunk, broken limbs, or uprooting as a result of storm damage or other acts of God, which create a hazard to life or property; trees that are determined to be diseased and/or dead by a certified arborist and approved by the City staff; trees that are determined to be hindering the safe application or installation of traffic control devices or roadway improvements in the public right-of-way or trees that hinder the line of site as determined by the City engineer; or trees that are determined to be within the ultimate right-of-way as shown within the circulation element of the City’s General Plan. All tree removal permits will be secured as required by the City in compliance with Mitigation Measure BIO-8.