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HomeMy WebLinkAboutAppendix B2 - Biological Substantial Conformance Determination 1940 E Deere Avenue, Suite 250 ● Santa Ana, California 92705 ● 949.837.0404 WEST VALLEY LOGISTICS CENTER PROJECT City of Fontana; San Bernardino County, California Biological Substantial Conformance Determination PREPARED FOR: Stephen Hollis IDI Logistics 840 Apollo Street, Suite 100 El Segundo, CA 90245 PREPARED BY: Martin Rasnick Glenn Lukos Associates 1940 E. Deere Avenue, Suite 250 Santa Ana, California 92705 July 2022 This memorandum is being prepared in support of, and to document, the biological issues associated with a Substantial Conformance determination for the West Valley Logistics Center (Project) located in the City of Fontana, San Bernardino County, California (“City”). IDI, the Project owner and developer, has proposed various modifications to the Project, and has applied to the City for a Substantial Conformance determination. As discussed below, these modifications substantially conform to the Project’s West Valley Logistics Center Specific Plan (“Specific Plan”), and that there is compliance with various mitigation measures and Specific Plan Requirements imposed in the Specific Plan Final Environmental Impact Report (“FEIR”). Project Location The Project area, also denoted as the Specific Plan area, is in the southeastern portion of the City and in the southwest “Valley Region” of San Bernardino County. The City boundary runs along the southern and eastern sides of the Project. The Project site borders the unincorporated community of Bloomington in San Bernardino County to the east and the City of Jurupa Valley in Riverside County to the south. The Project site is depicted on the Fontana U.S. Geological Survey 7.5- minute quadrangle within Section 33, Township 1 south, Range 5 west. Regional transportation corridors in the area include the San Bernardino Freeway (Interstate 10 or I-10) to the north, the Pomona Freeway (State Route 60 or SR 60) to the south, the Riverside Freeway (I-215) to the east, and the Ontario Freeway (I-15) to the west. Local street access to the Project area from the north would be from Locust Avenue and Jurupa Avenue. Local access from the south would be from Armstrong Road, which becomes Valley Way from SR 60. The Project site is bisected by Armstrong Street, which runs diagonally northeast to southwest on the southern half of the site and turns into Locust Avenue north of 7th Street in the northern half of the site. Near the Project site, undeveloped areas include the Jurupa Hills (in the City) along the entire western boundary, a Southern California Edison (SCE) utility corridor along the northern portion of the Project area, and vacant/undeveloped areas east of the Project site and south of 7th Street. The residential properties near the Project site within Fontana and the County of San Bernardino are typically single-family detached homes, some with equestrian uses, and are located east of Locust Avenue (between 7th and 11th Streets in Bloomington) and south of the Project site (in the City of Jurupa Valley). Some rural residential development is found north of Jurupa Avenue. A conifer nursery is within the SCE easement south of Kessler Park and north of the existing detention basin on site. The Jurupa Hills, a major landform in southern Fontana extending south into Riverside County, are the natural backdrop to the WVLCSP site. The project site was used for agricultural production and portions of the site have also been used historically as a landfill and quarry. The Project site is currently vacant. Project Summary The Project consists of a Specific Plan that was approved by the City. Specifically, the Specific Plan authorizes 3,473,690 square feet of warehouse distribution uses on 212.11 acres; 14.93 acres of the Specific Plan are designated to continue to serve as detention basins (open space); 1.54 acres of an existing utility corridor would remain unchanged; a minimum of 55.23 acres would be retained in natural hillside open space; and 7.5 acres would be dedicated for roadway rights-of-way. Mitigation Measure SP-B-3 of the FEIR’s Mitigation, Monitoring, and Reporting Program (MMRP) also requires the creation of a 10.60-acre avian rooftop habitat feature which would support 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 open space dedication area and nearby undeveloped RSS habitats. The Specific Plan provides direction for the development of the site related to land use, circulation, architecture and landscape design, grading, lighting, drainage, and public services and utilities, consistent with the City’s General Plan and zoning ordinance. The Project proponent is complying with the mitigation measures contained in the FEIR and its MMRP. It should be noted that the Project proponent’s mitigation and open space proposal as part of the Project Substantial Conformance application will exceed the requirements contained in the Specific Plan and its FEIR. For example, the Specific Plan and FEIR require the preservation/retention of a minimum of 55.23 acres of natural hillside open space whereas the Project is proposing 67.72 acres of natural hillside open space, which includes restoration of a minimum of 21.20 acres of RSS habitat as required by FEIR MMRP Mitigation Measures BIO-4 and BIO-5. This is a 20 percent increase in natural habitat preservation and restoration which will all be managed through the long-term management as described in FEIR MMRP Mitigation Measure BIO-6. Additionally, the Specific Plan is proposing that 14.93 acres be designated as detention basins/landscaped slopes (open space). The Project is proposing to set aside 23.86 acres as detention basin/landscaped slopes (open space), which conforms and complies with the Specific Plan. Finally, the Project was proposing to establish a 10.60-acre Avian Habitat Feature 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. After careful consideration, it was determined by the Project proponent that the installation of RSS on the building rooftops 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. In exchange for the elimination of the rooftop RSS from the Project design, the Project proponent is purchasing 16 acres of alluvial scrub habitat (RAFSS) credits from the Lytle Creek Mitigation Bank. 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. Biological Open Space Dedication Area/Mitigation Components The Project’s conservation mitigation requirements as established in the Specific Plan consist of the preservation and dedication of a minimum of 55.23 acres of biological open space dedication area to allow the continued existence of an east-west avian corridor from Rattlesnake Mountain through the Specific Plan area into the westerly open space area, and into the Jurupa Hills. The Specific Plan’s biological mitigation and conservation requirements are contained in the FEIR MMRP. There are a total of eight biological mitigation measures, Mitigation Measures BIO-1 through BIO-8, and three Specific Plan biological conservation measures/Specific Plan Requirements, denoted as SP B-1 through SP B-3. A copy of the biological portion of the MMRP is attached as Appendix A. The Specific Plan requires IDI to set aside a minimum of 55.23 acres of biological open space and/or open space dedication area along the western portion of the Specific Plan area to assist with the continued avian east-west movement from Rattlesnake Mountain, through the Specific Plan area, and into the Jurupa Hills. A majority of the habitat proposed to be set aside is RSS habitat with two areas of restoration, one consisting of 16 acres of RSS restoration and a second area containing 5.20 acres of RSS restoration associated with temporary water line construction adjacent to a water tank in the western part of the Specific Plan area. There is a specific RSS plant palette that will be implemented as part of site restoration activities, and a Habitat Mitigation and Monitoring Plan (“HMMP”), as required by MMRP Mitigation Measure BIO-3 and Specific Plan Requirement measure SP B-2. The HMMP will include the following: •Documenting the baseline conditions within the RSS Open Space Area. •Eradicating weeds and other undesirable plants within the disturbed portions of the RSS Open 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. •Removing olive trees and pepper trees within the open space dedication area and implement restoration of RSS in their place. •Creating vegetated areas along the southern boundary of the project site to accommodate potential avian movement between Rattlesnake Mountain and the Jurupa Hills regions. •Controlling and preventing trespassing, dumping and other human intrusion into the RSS open space area through permanent fencing, signage, and coordination with the City of Fontana. •Eliminating signs of human disturbance through annual cleanup. A measure to facilitate dedication of open space is also contained in Specific Plan Requirement Measure B-1 which states as follows: 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. Per this conservation measure, the western portion of the Specific Plan area must have a minimum of 55.23 acres of natural open space to facilitate avian movement from Rattlesnake Mountain, through the Specific Plan area into the western open space dedication area, and to the Jurupa Hills. These areas will be managed and controlled through the installation of fencing around the natural open space area (Mitigation Measure BIO-2). This includes the restoration of 16 acres of RSS habitat, as outlined in Mitigation Measure BIO-4, and the restoration of 5.2 acres of RSS habitat associated with the construction of a water pipeline near the water tank on site (Mitigation Measure BIO-5). The shorter-term dedication of this site will occur as outlined in the HMMP to be prepared as part of Mitigation Measure BIO-3 and Specific Plan conservation measure SP BIO-2. Long-term management of this open space dedication area will occur as outlined in Mitigation Measure BIO-6. 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 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. In connection with its Substantial Conformance application, it should be noted that IDI, is proposing to set aside approximately 67.72 acres of natural open space along the westerly portion of the Specific Plan area instead of the minimum of 55.23 acres required (a 20% increase in natural open space above what is required in the Specific Plan). This is in addition to 23.86 acres of detention basins/landscaped slopes/open space throughout the remainder of the Specific Plan area. The Project proponent is also proposing a 17.20-acres buffer zone between development and natural open space and/or detention basins/open space. In total, 91.58 acres of dedication area/open space and 17.20 acres of buffer zone is proposed and will be described in the HMMP and the long-term management documents. Thus, the Project will set aside an additional 12.49 acres of natural open space land, beyond the 55.23 acres of natural open space required to be set aside in the Specific Plan. Since IDI is required to comply with these mitigation and conservation measures, and this is already planned to be implemented by IDI, the Project will be in Substantial Conformance with all of the biological mitigation measures in the MMRP and Specific Plan Requirements SP B-1 and SP B-2. A graphic depicting the conservation and open space areas is attached as Exhibit 4. Additionally, the Specific Plan includes a 10.60-acre area considered as the “Avian Habitat Feature” which was proposed to create a vegetative substrate that could facilitate avian species’ east-west dispersal between the proposed 55.23-acre on-site conservation area and nearby undeveloped sage scrub habitats, such as those along Rattlesnake Mountain. This 10.60 acre area is to be placed on rooftops of several of the Project buildings. The location of this rooftop RSS is depicted in Figure 7-1 of the Specific Plan. Further, SP B-3 states as follows: 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. On March 2, 2021, Glenn Lukos Associates prepared an analysis regarding the desirability of including the rooftop RSS feature. As discussed in this analysis, the construction and establishment of RSS habitat on top of the rooftops in the southern portion of the Project site would not mitigate the loss of any habitat but was intended to maintain connectivity between habitat blocks east and west of the Project site. This would be considered as a fire hazard if included within the development footprint; additionally, this requirement would not mitigate the loss of any habitat; As noted, the Project proponent determined that the installation of RSS on the building rooftops conflicts with other uses, including a requirement to install rooftop solar energy systems (CEQA Mitigation Measure GHG-1) and it is more beneficial for the Project rooftops to be used solely for the solar energy system, rather than using portions of the rooftops for RSS. In exchange for the elimination of the rooftop RSS from the Project design, IDI has committed to purchase 16 acres of RAFSS credits from the Lytle Creek Mitigation Bank. 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. IDI already is providing a generally unimpeded connection between Rattlesnake Mountain and open space areas westerly of the Project without the establishment of this rooftop sage scrub habitat (see Exhibit 4). Once the City approves the Substantial Conformance application, IDI will purchase 16 acres of alluvial fan sage scrub habitat from the Lytle Creek Mitigation Bank, an approved mitigation bank in the watershed. The purchase of 16 acres of alluvial fan sage scrub habitat, in addition to the habitat contained in the adjacent open space dedication area, will serve similar and greater function than would 10.60 acres of RSS rooftop habitat. Since the purchase of 16 acres of alluvial fan scrub habitat is of similar function and value as compared to the rooftop RSS habitat originally proposed, the mitigation is acceptable pursuant to CEQA, and the Project would be considered as biologically in Substantial Conformance with the CEQA MMRP and Specific Plan Requirement SP B-3. Conclusion In connection with its Substantial Conformance application, IDI is proposing to set aside approximately 67.72 acres of natural open space along the westerly portion of the Specific Plan rather than the 55.23 acres required in the Specific Plan. This excludes an additional 23.86 acres of detention basin/open space throughout the remainder of the Project site and 17.20 acres of buffer zone. In total, 91.58 acres of open space and 17.20 acres of buffer zone are proposed and will be described for management in the HMMP and the long-term management documents. If the City approves the Substantial Conformance, IDI will purchase 16 acres of alluvial fan sage scrub habitat from the Lytle Creek Mitigation Bank, an approved mitigation bank in the watershed, to compensate for the previously proposed 10.60 acres of rooftop RSS habitat. Through implementation of the Project, IDI is already providing a generally unimpeded connection between Rattlesnake Mountain and open space areas westerly of the Project without the establishment of this rooftop sage scrub habitat (see Exhibit 4). The alluvial fan sage scrub habitat, in addition to the habitat contained in the adjacent open space dedication area, will serve similar and greater function than would 10.60 acres of sage scrub rooftop habitat. Since the purchase of 16 acres of alluvial fan scrub habitat is of similar function and value as compared to the rooftop sage scrub habitat originally proposed, the mitigation is acceptable pursuant to CEQA, and the Project would be considered as biologically in Substantial Conformance with the MMRP and Specific Plan Requirement SP B-3. Since IDI is required to comply with these mitigation and conservation measures, the Project will be in Substantial Conformance with all of the biological mitigation measures in the MMRP and Specific Plan Requirements SP B-1 through SP B-3. If you have any questions or comments regarding the information provided, please contact me at (949) 340-3851 at the office, or via electronic mail at mrasnick@wetlandpermitting.com. Sincerely, GLENN LUKOS ASSOCIATES, INC. Martin Rasnick Principal/Senior Regulatory Specialist p: 1532-1c.substantial conformance document_071422 Source: ESRI World Street Map0248MilesRegional Map ^ PROJECT LOCATION Exhibit 1 ± WEST VALLEY LOGISTICS CENTER Adapted from USGS Fontana, CA quadrangleVicinity Map01,0002,0004,000Feet± WEST VALLEY LOGISTICS CENTER Exhibit 2 PROJECT LOCATION Service Layer Credits: Copyright:© 2013 National Geographic Society, i-cubed X:\1100 AFTER THE REST\1532-01WEST\1532-1_GIS\1532-1_Aerial.mxd Exhibit 3 0 600 1,200300 Feet ± 1 inch = 600 feet WEST VALLEY LOGISTICS CENTERAerial MapArmstrong RoadAlder AvenueLocust Avenue7th Street Project Site 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 Area/ Development MapArmstrong RoadAlder AvenueLocust Avenue7th Street Project Site Project Site Plan Open Space (Basins & Landscaped Slopes) (23.86 ac.) Open Space Dedication Area (67.72 ac.) Buffer Zone (17.20 ac.) Appendix A FEIR Biological Portion of Mitigation, Monitoring, and Reporting Program City of Fontana 4. Mitigation Monitoring and Reporting Program West Valley Logistics Center Specific Plan Final Environmental Impact Report 4-9 October 2018 ICF 920.11 Mitigation Measure/Specific Plan Requirement Implementation Monitoring Notes/ Initials indoor forklifts will be powered by electricity. Ongoing operations Unscheduled inspections 4.2.3 Biological Resources 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. 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 Responsible Party(s) Project applicant or applicant’s representative/ contractor Implementation Phase Prior to ground disturbance and during construction Responsible Party(s) City of Fontana Monitoring Period Prior to issuance of Grading Permit and during construction City of Fontana 4. Mitigation Monitoring and Reporting Program West Valley Logistics Center Specific Plan Final Environmental Impact Report 4-10 October 2018 ICF 920.11 Mitigation Measure/Specific Plan Requirement Implementation Monitoring Notes/ Initials 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 paletteand restoration methodology compatible with the specific affectedspecial-status species. Mitigation sites could include existing RSShabitat areas in the preservation area, depending on site conditionsand locations of special-status plants found. City of Fontana 4. Mitigation Monitoring and Reporting Program West Valley Logistics Center Specific Plan Final Environmental Impact Report 4-11 October 2018 ICF 920.11 Mitigation Measure/Specific Plan Requirement Implementation Monitoring Notes/ Initials 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. Responsible Party(s) Project applicant or applicant’s representative/ contractor Implementation Phase Prior to ground disturbance and during construction Responsible Party(s) City of Fontana Monitoring Period Prior to issuance of Grading Permit and during construction 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 disturbedportions of the RSS Open Space Area. Tasks include conducting weederadication or thinning, disposing of weed species annually,reseeding, and bi-annual monitoring of the site to documenttreatment actions.  Remove olive trees and pepper trees within the conservation areaand implement restoration of RSS in their place.  Create vegetated areas along the southern boundary of the projectsite to accommodate potential avian movement between RattlesnakeMountain and the Jurupa Hills regions.  Control and prevent trespassing, dumping and other humanintrusion 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. Responsible Party(s) Project applicant or applicant’s representative/ contractor Implementation Phase Prior to issuance of Grading Permit and up to 5 years of post- restoration monitoring and reporting Responsible Party(s) City of Fontana Monitoring Period Prior to issuance of Grading Permit and up to 5 years of post- restoration monitoring and reporting City of Fontana 4. Mitigation Monitoring and Reporting Program West Valley Logistics Center Specific Plan Final Environmental Impact Report 4-12 October 2018 ICF 920.11 Mitigation Measure/Specific Plan Requirement Implementation Monitoring Notes/ Initials 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 monitoring and reporting will be established for the restored area within the 55.23-acre conservation area. Responsible Party(s) Project applicant or applicant’s representative/ contractor Implementation Phase Prior to issuance of Grading Permit and up to 5 years of post- restoration monitoring and reporting Responsible Party(s) City of Fontana Monitoring Period Prior to issuance of Grading Permit and up to 5 years of post- restoration monitoring and reporting 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. Responsible Party(s) Project applicant or applicant’s representative/ contractor Implementation Phase Following construction of water pipeline Responsible Party(s) City of Fontana Monitoring Period Following construction of water pipeline and up to 5 years of post- restoration monitoring and reporting 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 movement of mammals or entangle wildlife. Signage will also be installed that clearly states that access Responsible Party(s) Project applicant or applicant’s representative/ contractor Implementation Phase Post-construction of the conservation area. Responsible Party(s) City of Fontana Monitoring Period Property owners’ association for maintenance Post-construction inspections of the conservation area City of Fontana 4. Mitigation Monitoring and Reporting Program West Valley Logistics Center Specific Plan Final Environmental Impact Report 4-13 October 2018 ICF 920.11 Mitigation Measure/Specific Plan Requirement Implementation Monitoring Notes/ Initials 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. Responsible Party(s) Project applicant or applicant’s representative/ contractor Implementation Phase Prior to issuance of Grading Permit and during construction Responsible Party(s) City of Fontana Monitoring Period Prior to issuance of Grading Permit and during construction 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 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 Responsible Party(s) Project applicant or applicant’s representative/ contractor Implementation Phase Prior to issuance of grading permit and tree removal Responsible Party(s) City of Fontana Monitoring Period Prior to issuance of Grading Permit and tree removal permit City of Fontana 4. Mitigation Monitoring and Reporting Program West Valley Logistics Center Specific Plan Final Environmental Impact Report 4-14 October 2018 ICF 920.11 Mitigation Measure/Specific Plan Requirement Implementation Monitoring Notes/ Initials 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. 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. Responsible Party(s) Project applicant or applicant’s representative/ contractor Implementation Phase Tentative parcel map Responsible Party(s) City of Fontana Monitoring Period Prior to recordation of parcel map SP-B-2: Habitat Management Plan. The Riversidean Sage Scrub Habitat 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. Responsible Party(s) Project applicant or applicant’s representative/ contractor Implementation Phase Prior to issuance of grading permit Responsible Party(s) City of Fontana Monitoring Period Prior to issuance of grading permit 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. Responsible Party(s) Project applicant or applicant’s representative/ contractor Implementation Phase Building permit and construction Responsible Party(s) City of Fontana Monitoring Period Review building permit, building construction inspections 4.2.4 Cultural Resources Mitigation Measure CUL-1: Monitoring for Archaeological Resources during Construction. Prior to commencement of any grading activity on the project site and consistent with the finding and recommendations of the cultural resources surveys and reports for the proposed project, as well as requests by the Gabrielino/Tongva San Gabriel Band of Mission Indians and the Soboba Band of Luiseno Indians, qualified archaeological monitor(s) shall be retained by the applicant after consultation with representatives of the two Tribes to be present during all excavation activities occurring within 100 meters of each of following sites: P-19- Responsible Party(s) Project applicant or applicant’s representative/ contractor Implementation Phase Prior to issuance of Grading Permit and during ground disturbing activities Responsible Party(s) City of Fontana Monitoring Period Prior to issuance of Grading Permit and during ground disturbing activities Appendix B GLA March 2, 2021 Letter MEMORANDUM 1940 E Deere Avenue, Suite 250 ● Santa Ana, California 92705 ● 949.837.0404 PROJECT NUMBER:0300-87-WEST TO: Charlie McPhee Steve Hollis Brandon Dickens CC: Greg Deveraux John Condas FROM: David Moskovitz DATE: March 2, 2021 SUBJECT: West Valley Logistics Center Specific Plan The purpose of this document is to evaluate the proposed purchase of 16 acres of Riversidean Alluvial Fan Sage Scrub (RAFSS) credits from the Lytle Creek Mitigation Bank in lieu of the installation of 10.6 acres of Riversidean Sage Scrub (RSS) on the rooftops of buildings proposed to be constructed in the southern portion of the development footprint for the West Valley Logistics Center (the “Project”). As discussed below, the rooftop RSS is not needed to mitigate Project impacts, and the purchase of RAFSS credits will provide additional environmental benefits. As documented in the West Valley Logistics Center Specific Plan Environmental Impact Report (EIR), the Project will not permanently impact RSS but will temporarily impact 5.6 acres of RSS associated with the construction of a water pipeline. However, the Project applicant will restore the 5.6 acres of temporary impacts (Mitigation Measure BIO-5) following the installation of the pipeline. In addition, the Project applicant will avoid all remaining RSS within a 55.23-acre open space dedication area and will restore 16 acres of RSS within the open space dediction area (Mitigation Measure BIO-4). As such, the Project is avoiding/minimizing impacts to RSS to the maximum extent practicable and is sufficiently mitigating the temporary impacts to RSS through the proposed on-site restoration. In addition to the above-mentioned mitigation measures, the Project includes a Specific Plan Requirement (SP-B-3: Avian Habitat Feature) to create 10.6 acres of RSS on building rooftops within the southern portion of the development footprint. However, 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. Response to Comment EHL-2 of the Final EIR states the following: MEMORANDUM March 2, 2021 Page 2 …the “avian corridor” proposed as mitigation in the Draft EIR and 1st RDEIR would not have mitigated any actual loss of an “avian corridor,” but would have maintained future opportunities for one. Recognizing there would be no actual impact requiring mitigation, the Specific Plan which is analyzed in the 2nd RDEIR was revised to include a project design feature that would establish shrubs at grade and RSS habitat across rooftops in the southern portion of the development footprint, thereby providing grade-separated habitat that avian species could utilize as cover should any choose the future to move across the project site. It has since been determined by the Project applicant that the installation of RSS on the building rooftops 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 system, rather than using portions of the rooftops for RSS. In exchange for the elimination of the rooftop RSS from the Project design, the Project applicant would purchase 16 acres of RAFSS credits from the Lytle Creek Mitigation Bank. 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. If you have any questions about this memorandum, please contact me at (949) 340-2562 or at dmoskovitz@wetlandpermitting.com. p:0300-87a.mem.docx