HomeMy WebLinkAboutAppendix A - Citrus and Oleander Avenue at Santa Ana Avenue Notice of Preparation of a City of Fontana
Planning Department
8353 Sierra Avenue
Fontana, CA 92335
Project Name: Citrus & Oleander Avenue at Santa Ana Avenue Page 1
Notice of Preparation of a Draft EIR and Scoping Meeting
Date: November 18, 2022
To: Public Agencies and Interested Parties
Subject: Notice of Preparation of a Draft Environmental Impact Report and Scoping Meeting
Project Title: Citrus & Oleander Avenue at Santa Ana Avenue
The City of Fontana, as lead agency under the California Environmental Quality Act (CEQA), will prepare an
Environmental Impact Report (EIR) for the Citrus & Oleander Avenue at Santa Ana Avenue Project (the
“Project”). In accordance with Section 15082 of the CEQA Guidelines, the City has issued this Notice of
Preparation (NOP) to provide responsible agencies, trustee agencies, and other interested parties with
information describing the proposed Project and its potential environmental effects.
The purpose of this notice is to:
1) serve as the Notice of Preparation of an Environmental Impact Report for the Office of Planning and
Research (OPR), Responsible Agencies, public agencies involved in funding or approving the project,
and Trustee Agencies responsible for natural resources affected by the project, pursuant to CEQA
Guidelines Section 15082;
2) advise and solicit comments and suggestions regarding the preparation of the EIR, environmental
issues to be addressed in the EIR, and any other related issues, from interested parties, including
interested or affected members of the public; and
3) advertise a public meeting to solicit comments from public agencies and interested parties regarding
the scope of study in the EIR.
Project Location
The Project Site is located north of Santa Ana Avenue and south of Jurupa Hills High School, between Citrus
Avenue and Oleander Avenue, and at the northeast corner of the Santa Ana Avenue and Oleander Avenue
intersection. The approximately 29.8-acre Project Site includes 18 parcels, including Assessor Parcel Numbers
(APNs) 0255-011-13, -14, -15, -18, -19, -25, -26, -27, -28, -29, -30, -31, and -32, and 0255-021-17, -18, -22, -23,
and -24.
Project Description
The Citrus & Oleander Avenue at Santa Ana Avenue Project entails the proposed development of approximately
24.4-acres of a 29.4-acre Project Site with three commerce center buildings. A General Plan Amendment (GPA),
Zone Change Application (ZCA), and Specific Plan Amendment are proposed for the entire 29.4-acre Project Site.
The GPA would revise the General Plan designation of the 24.4-acres to be developed from Residential Planned
Community (R-PC) and Multiple-Family Medium/High Residential (R-MFMH) to General Industrial (I-L) and the
City of Fontana NOTICE OF PREPARATION
Project Name: Citrus & Oleander Avenue at Santa Ana Avenue Page 2
ZCA would change the zoning designation from Residential Planned Community (R-PC) and Multiple-Family
Medium/High Density Residential (R-4) to Southwest Industrial Park (SWIP) Specific Plan. For the 5.0-acre parcel
that will not be developed, the GPA would revise the General Plan designation from Multi-Family Medium/High
Residential (R-MFMH) to General Industrial (I-L) and the ZCA would change the zoning designation from Multi-
Family Medium/High Residential (R-4) to Southwest Industrial Park (SWIP) Specific Plan, Slover East Industrial
District. The SPA would amend the SWIP Specific Plan Land Use Plan to expand the SWIP boundary to include
the Project Site. No development is currently proposed on APN 0255-011-15. Design Reviews and Tentative
Parcel Maps (TPMs) are proposed for 24.4-acres of the Project Site on all the parcels except 0255-011-15. The
entitlements include the following: Master Case No. (MCN) No. 22-053, Design Review Project (DRP) No. 22-029
(Building No. 1), Tentative Parcel Map (TPM) No. 22-009 (Building No. 1), Design Review No. 22-061 (Building
No. 2) Tentative Parcel Map (TPM) No. 22-030 (Building No. 2), Design Review No. 22-062 (Building No. 3),
Tentative Parcel Map (TPM) No. 22-031 (Building No. 3), General Plan Amendment (GPA) No. 22-004, Zone
Change Application (ZCA) No. 22-005, and Specific Plan Amendment No. 22-002.
The three commerce center buildings are designated as “Building 1,” “Building 2,” and “Building 3” for reference
purposes. Building 1 is proposed at the northeast corner of the intersection of Citrus Avenue and Santa Ana
Avenue and would contain 151,618 s.f. of floor area including 141,618 s.f. of commerce center space and up to
10,000 s.f. of supporting office space. A screened truck court with 17 loading docks and 44 trailer parking spaces
would be provided on the east side of the building. Passenger vehicle parking would occur to the north and east
of the building.
Building 2 is proposed at the northwest corner of the intersection of Oleander Avenue and Santa Ana Avenue
and would contain 196,336 s.f. of floor area including 180,336 s.f. of commerce center space and up to 16,000
s.f. of supporting office space. A screened truck court with 26 loading docks and 44 trailer parking spaces would
be provided on the west side of the building. Passenger vehicle parking would occur to the east and west of the
building.
Building 3 is proposed at the northeast corner of the intersection of Oleander Avenue and Santa Ana Avenue
and would contain 192,895 s.f. of floor area including 176,895 s.f. of commerce center space and up to 16,000
s.f. of supporting office space. A screened truck court with 26 loading docks and 44 trailer parking spaces would
be provided on the east side of the building. Passenger vehicle parking would occur to the east and west of the
building.
Buildings 1, 2, and 3 are designed to reach heights of 39 feet, 6 inches feet above the finished floor elevation;
however, the buildings would have a varied roofline and the maximum height (including parapets) would extend
to 44 feet, 6 inches feet above finished floor elevation. The buildings would be constructed of concrete tilt-up
panels painted in various shades of white and gray and low-reflective blue glass would be used for windows.
Decorative building elements include panel reveals, parapets, mullions, and canopies at office entries. The
Project is being developed on a speculative basis and the three proposed buildings could operate 24 hours per
day, 7 days per week.
EIR Scope
CEQA Guidelines Section 15063 grants Lead Agencies the ability to bypass preparation of an Initial Study and
proceed with preparation of an EIR in instances where an EIR is clearly required for a project. In this instance,
the City of Fontana in its capacity as Lead Agency for the proposed Project has determined that the Project
clearly has the potential to result in significant environmental effects and that an EIR shall be prepared that
City of Fontana NOTICE OF PREPARATION
Project Name: Citrus & Oleander Avenue at Santa Ana Avenue Page 3
addresses the following environmental considerations:
• Aesthetics • Land Use and Planning
• Agriculture and Forestry Resources • Mineral Resources
• Air Quality • Noise
• Biological Resources • Population and Housing
• Cultural Resources • Public Services
• Energy • Recreation
• Geology and Soils • Transportation
• Greenhouse Gas Emissions • Tribal Cultural Resources
• Hazards and Hazardous Materials • Utilities and Service Systems
• Hydrology and Water Quality • Wildfire
The EIR will assess the effects of the Project on the environment, identify potentially significant impacts, identify
feasible mitigation measures to reduce or eliminate potentially significant environmental impacts, and discuss
potentially feasible alternatives to the Project that may accomplish basic objectives while lessening or
eliminating any potentially significant Project-related impacts.
Opportunity for Public Review and Comment
This Notice is available for review on the City’s website at: https://www.fontana.org/2137/Environmental-
Documents.
The City of Fontana would like to receive your input on the scope of the information and analysis to be included
in the EIR. Due to time limits, as established by CEQA, your response should be sent at the earliest possible
date, but no later than thirty (30) days after publication of this notice. Please submit your comments by 5:00
p.m. on December 19, 2022 by mail or e-mail to:
Salvador Quintanilla Phone: (909) 350-6656
City of Fontana Fax: (909) 350-7676
8353 Sierra Avenue Email: squintanilla@fontana.org
Fontana, CA 92335
Please include the name, phone number, and address of a contact person in your response.
Scoping Meeting
The City of Fontana will hold a public scoping meeting, where agencies, organizations, and members of the
public will receive a brief presentation on the Project and will have the opportunity to provide comments on
the scope of the information and analysis to be included in the EIR.
The meeting will be held on:
Date and Time: December 7, 2022 at 6:00 p.m. to 7:00 p.m.
City of Fontana NOTICE OF PREPARATION
Project Name: Citrus & Oleander Avenue at Santa Ana Avenue Page 4
Place: Virtual Meeting
Link to join on a computer or mobile app:
https://teams.microsoft.com/dl/launcher/launcher.html?url=%2F_%23%2Fl%2Fmeetup-
join%2F19%3Ameeting_NjBkM2YwNWQtY2MwNi00OTcyLTkxNjQtZTgyMmY4ZWZlOGYz
%40thread.v2%2F0%3Fcontext%3D%257b%2522Tid%2522%253a%2522ff8f3b3d-31f5-
45ff-b2d8-933f061858cf%2522%252c%2522Oid%2522%253a%25227bd54965-35ce-
4773-937e-ce6013d988b5%2522%257d%26anon%3Dtrue&type=meetup-
join&deeplinkId=e56c131e-e802-4746-abd4-
67cc09d78056&directDl=true&msLaunch=true&enableMobilePage=true&suppressProm
pt=true
Or go to: https://www.microsoft.com/en-us/microsoft-teams/join-a-meeting
Enter Meeting ID: 216 253 056 33
Enter Meeting Passcode: pttLui
Or Dial-In Number: +1 323-673-4554
Phone Conference ID: 931471219#
Attachments:
Figure 1 – Regional Map
Figure 2 – Vicinity Map
Figure 3 – Master Site Plan
OFFICIAL USE ONLYPROJECT DATAVICINITY MAP/#56'45+6'2.#0DAB-A1.0Owner:Project:Consultants:2TQLGEV0WODGT 4GXKUKQP &CVG &TCYPD[ 6KVNG 5JGGV %+8+.5647%674#./'%*#0+%#.2.7/$+0)'.'%64+%#..#0&5%#2'51+.5'0)+0''4(+4'2416'%6+10&*HCZ VGN GOCKN JRC"JRCTEJUEQOKTXKPGECDCTFGGPCXGPWGÄUVGJRCKPEÄ*WPVGTÄÄÄ6$&0'92146%'06'4&46'.
ÄA6JKGPGUÄÄ%+6475 1.'#0&'4#8'#65#06##0##8'(106#0#%#SITESITE PLAN GENERAL NOTES1. THE SITE PLAN BASED ON THE SOILS REPORT PREPARED BY: TBD2.IF SOILS ARE EXPANSIVE IN NATURE, USE STEEL REINFORCING FOR ALL SITECONCRETE.3.ALL DIMENSIONS ARE TO THE FACE OF CONCRETE WALL, FACE OF CONCRETECURB OR GRID LINE U.N.O.4.SEE "C" PLANS FOR ALL CONCRETE CURBS, GUTTERS AND SWALES.5.THE ENTIRE PROJECT SHALL BE PERMANENTLY MAINTAINED WITH ANAUTOMATIC IRRIGATION SYSTEM.6.SEE "C" DRAWINGS FOR POINT OF CONNECTIONS TO OFF-SITE UTILITIES.CONTRACTOR SHALL VERIFY ACTUAL UTILITY LOCATIONS.7.PROVIDE POSITIVE DRAINAGE AWAY FROM BLDG. SEE "C" DRAWINGS.8.CONTRACTOR TO REFER TO "C" DRAWINGS FOR ALL HORIZONTAL CONTROLDIMENSIONS. SITE PLANS ARE FOR GUIDANCE AND STARTING LAYOUT POINTS.9.SEE "C"DRAWINGS FOR FINISH GRADE ELEVATIONS.10.CONCRETE SIDEWALKS TO BE A MINIMUM OF 4" THICK W/ TOOLED JOINTS AT 6'O.C. EXPANSION/CONSTRUCTION JOINTS SHALL BE A MAXIMUM 12' EA. WAY.EXPANSION JOINTS TO HAVE COMPRESSIVE EXPANSION FILLER MATERIAL OF1/4". FINISH TO BE A MEDIUM BROOM FINISH U.N.O.11.PAINT CURBS AND PROVIDE SIGNS TO INFORM OF FIRE LANES AS REQUIREDBY FIRE DEPARTMENT.12.CONSTRUCTION DOCUMENTS PERTAINING TO THE LANDSCAPE ANDIRRIGATION OF THE ENTIRE PROJECT SITE SHALL BE SUBMITTED TO THEBUILDING DEPARTMENT AND APPROVED BY PUBLIC FACILITIES DEVELOPMENTPRIOR TO ISSUANCE OF BUILDING PERMITS.13.PRIOR TO FINAL CITY INSPECTION, THE LANDSCAPE ARCHITECT SHALL SUBMITA CERTIFICATE OF COMPLETION TO PUBLIC FACILITIES DEVELOPMENT.14.ALL LANDSCAPE AND IRRIGATION DESIGNS SHALL MEET CURRENT CITYSTANDARDS AS LISTED IN GUIDELINES OR AS OBTAINED FROM PUBLICFACILITIES DEVELOPMENT.15.ALL VERTICAL MOUNTING POLES OF CHAIN LINK FENCING SHALL BE CAPPED.16.LANDSCAPED AREAS SHALL BE DELINEATED WITH A MINIMUM SIX INCHES (6")HIGH CURB.17. ALL SIGNAGE SHALL BE LEGIBLE, DURABLE, AND WEATHERPROOF.SITE LEGENDPATH OF TRAVELLANDSCAPED AREA26' WIDE FIRELANECONCRETE PAVING.SEE "C" DRWGS. FORTHICKNESSSTANDARD PARKING STALL(9' X 19')ACCESSIBLE PARKING STALL(9' X 19') W/ 5' ACCESSIBLEAISLEACCESSIBLE PARKING STALL (VAN)(12' X 19') W/ 5' ACCESSIBLEAISLEPROJECT INFORMATION
State of California – Natural Resources Agency GAVIN NEWSOM, Governor
DEPARTMENT OF FISH AND WILDLIFE CHARLTON H. BONHAM, Director
Inland Deserts Region
3602 Inland Empire Boulevard, Suite C-220
Ontario, CA 91764
www.wildlife.ca.gov
Conserving California’s Wildlife Since 1870
December 12, 2022
Sent via email
Mr. Salvador Quintanilla
Senior Planner
City of Fontana
8353 Sierra Avenue Fontana, CA 92335
(909) 350-6556
squintanilla@fontana.org
Subject: Notice of Preparation of a Draft Environmental Impact Report
Citrus & Oleander Avenue at Santa Ana Avenue Project
State Clearinghouse No. 2022110389
Dear Mr. Quintanilla:
The California Department of Fish and Wildlife (CDFW) received a Notice of Preparation
(NOP) of a Draft Environmental Impact Report (DEIR) from the City of Fontana for the
Citrus & Oleander Avenue at Santa Ana Avenue Project (Project) pursuant the
California Environmental Quality Act (CEQA) and CEQA Guidelines.1
Thank you for the opportunity to provide comments and recommendations regarding
those activities involved in the Project that may affect California fish and wildlife.
Likewise, we appreciate the opportunity to provide comments regarding those aspects
of the Project that CDFW, by law, may be required to carry out or approve through the
exercise of its own regulatory authority under the Fish and Game Code.
CDFW ROLE
CDFW is California’s Trustee Agency for fish and wildlife resources, and holds those
resources in trust by statute for all the people of the State. (Fish & G. Code, §§ 711.7,
subd. (a) & 1802; Pub. Resources Code, § 21070; CEQA Guidelines § 15386, subd.
(a).) CDFW, in its trustee capacity, has jurisdiction over the conservation, protection,
and management of fish, wildlife, native plants, and habitat necessary for biologically
sustainable populations of those species. (Id., § 1802.) Similarly, for purposes of CEQA,
CDFW is charged by law to provide, as available, biological expertise during public
agency environmental review efforts, focusing specifically on projects and related
activities that have the potential to adversely affect fish and wildlife resources.
1 CEQA is codified in the California Public Resources Code in section 21000 et seq. The “CEQA Guidelines” are
found in Title 14 of the California Code of Regulations, commencing with section 15000.
Salvador Quintanilla, Senior Planner
City of Fontana
December 12, 2022
Page 2
CDFW is also submitting comments as a Responsible Agency under CEQA. (Pub.
Resources Code, § 21069; CEQA Guidelines, § 15381.) CDFW expects that it may
need to exercise regulatory authority as provided by the Fish and Game Code. As
proposed, for example, the Project may be subject to CDFW’s lake and streambed
alteration regulatory authority. (Fish & G. Code, § 1600 et seq.) Likewise, to the extent
implementation of the Project as proposed may result in “take” as defined by State law
of any species protected under the California Endangered Species Act (CESA) (Fish &
G. Code, § 2050 et seq.), the Project proponent may seek related take authorization as
provided by the Fish and Game Code.
PROJECT DESCRIPTION SUMMARY
The proposed Project includes 29.8-acres and Assessor Parcel Numbers (APNs): 0255-
011-13, -14, -15, -18, -19, -25, -26, -27, -28, -29, -30, -31, and -32, and 0255-021-17, -
18, -22, -23, and -24. This site is located north of Santa Ana Avenue, and south of
Jurupa Hills High School, between Citrus Avenue and Oleander Avenue, and at the
northeast corner of the Santa Ana Avenue and Oleander Avenue intersection.
The Citrus & Oleander Avenue at Santa Ana Avenue Project entails the proposed
development of approximately 24.4-acres of a 29.4-acre Project Site with three
commerce center buildings. A General Plan Amendment (GPA), Zone Change
Application (ZCA), and Specific Plan Amendment are proposed for the entire 29.4-acre
Project Site. The GPA would revise the General Plan designation of the 24.4-acres to
be developed from Residential Planned Community (R-PC) and Multiple-Family
Medium/High Residential (R-MFMH) to General Industrial (I-L).
For the 5.0-acre parcel that will not be developed, the GPA would revise the General
Plan designation from Multi-Family Medium/High Residential (R-MFMH) to General
Industrial (I-L) and the ZCA would change the zoning designation from MultiFamily
Medium/High Residential (R-4) to Southwest Industrial Park (SWIP) Specific Plan,
Slover East Industrial District. The SPA would amend the SWIP Specific Plan Land Use
Plan to expand the SWIP boundary to include the Project Site. The three commerce
center buildings are designated as “Building 1,” “Building 2,” and “Building 3” for
reference purposes. Building 1 is proposed at the northeast corner of the intersection of
Citrus Avenue and Santa Ana Avenue and would contain 151,618 s.f. of floor area
including 141,618 s.f. of commerce center space and up to 10,000 s.f. of supporting
office space.
COMMENTS AND RECOMMENDATIONS
CDFW offers the comments and recommendations below to assist the City of Fontana
in adequately identifying and/or mitigating the Project’s significant, or potentially
significant, direct, and indirect impacts on fish and wildlife (biological) resources.
Salvador Quintanilla, Senior Planner
City of Fontana
December 12, 2022
Page 3
CDFW recognizes that the general plan EIR need not be as detailed as CEQA
documents prepared for specific projects that may follow (CEQA Guidelines § 15146).
CDFW also recognizes that the level of detail should be reflective of the level contained
in the plan or plan element being considered (Rio Vista Farm Bureau Center v. County
of Solano (1992) 5 Cal.App.4th 351). However, please note that the City of Fontana
cannot defer the analysis of significant effects of the general plan to later-tiered CEQA
documents (Stanislaus Natural Heritage Project v. County of Stanislaus (1996) 48
Cal.App.4th 182).
CDFW recommends that the forthcoming DEIR address the following:
Assessment of Biological Resources
Section 15125(c) of the CEQA Guidelines states that knowledge of the regional setting
of a project is critical to the assessment of environmental impacts and that special
emphasis should be placed on environmental resources that are rare or unique to the
region. To enable CDFW staff to adequately review and comment on the project, the
DEIR should include a complete assessment of the flora and fauna within and adjacent
to the Project footprint, with particular emphasis on identifying rare, threatened,
endangered, and other sensitive species and their associated habitats.
The CDFW recommends that the DEIR specifically include:
1. An assessment of the various habitat types located within the project footprint, and a
map that identifies the location of each habitat type. CDFW recommends that
floristic, alliance- and/or association based mapping and assessment be completed
following The Manual of California Vegetation, second edition (Sawyer et al. 2009).
Adjoining habitat areas should also be included in this assessment where site
activities could lead to direct or indirect impacts offsite. Habitat mapping at the
alliance level will help establish baseline vegetation conditions.
2. A general biological inventory of the fish, amphibian, reptile, bird, and mammal
species that are present or have the potential to be present within each habitat type
onsite and within adjacent areas that could be affected by the project. CDFW’s
California Natural Diversity Database (CNDDB) in Sacramento should be contacted
at (916) 322-2493 or CNDDB@wildlife.ca.gov to obtain current information on any
previously reported sensitive species and habitat, including Significant Natural Areas
identified under Chapter 12 of the Fish and Game Code, in the vicinity of the
proposed Project.
Please note that CDFW’s CNDDB is not exhaustive in terms of the data it houses,
nor is it an absence database. CDFW recommends that it be used as a starting point
in gathering information about the potential presence of species within the general
area of the project site.
Salvador Quintanilla, Senior Planner
City of Fontana
December 12, 2022
Page 4
3. A complete, recent inventory of rare, threatened, endangered, and other sensitive
species located within the Project footprint and within offsite areas with the potential
to be affected, including California Species of Special Concern (CSSC) and
California Fully Protected Species (Fish and Game Code § 3511). Species to be
addressed should include all those which meet the CEQA definition (CEQA
Guidelines § 15380). The inventory should address seasonal variations in use of the
Project area and should not be limited to resident species. Focused species-specific,
completed by a qualified biologist and conducted at the appropriate time of year and
time of day when the sensitive species are active or otherwise identifiable, are
required. Acceptable species-specific survey procedures should be developed in
consultation with CDFW and the U.S. Fish and Wildlife Service, where necessary.
Note that CDFW generally considers biological field assessments for wildlife to be
valid for a one-year period, and assessments for rare plants may be considered valid
for a period of up to three years. Some aspects of the proposed Project may warrant
periodic updated surveys for certain sensitive taxa, particularly if the Project is
proposed to occur over a protracted time frame, or in phases, or if surveys are
completed during periods of drought.
Burrowing Owl (Athene cunicularia)
The Project site has the potential to provide suitable foraging and/or nesting habitat
for burrowing owl. Take of individual burrowing owls and their nests is defined by
Fish and Game Code section 86, and prohibited by sections 3503, 3503.5 and 3513.
Take is defined in Fish and Game Code section 86 as “hunt, pursue, catch, capture
or kill, or attempt to hunt, pursue, catch, capture or kill.”
CDFW recommends that the City of Fontana follow the recommendations and
guidelines provided in the Staff Report on Burrowing Owl Mitigation (Department of
Fish and Game, March 2012); available for download from CDFW’s website:
https://www.wildlife.ca.gov/conservation/survey-protocols. The Staff Report on
Burrowing Owl Mitigation, specifies three steps for project impact evaluations:
a. A habitat assessment;
b. Surveys; and
c. An impact assessment
As stated in the Staff Report on Burrowing Owl Mitigation, the three progressive
steps are effective in evaluating whether a project will result in impacts to burrowing
owls, and the information gained from the steps will inform any subsequent
avoidance, minimization, and mitigation measures. Habitat assessments are
conducted to evaluate the likelihood that a site supports burrowing owl. Burrowing
owl surveys provide information needed to determine the potential effects of
proposed projects and activities on burrowing owls, and to avoid take in accordance
Salvador Quintanilla, Senior Planner
City of Fontana
December 12, 2022
Page 5
with Fish and Game Code sections 86, 3503, and 3503.5. Impact assessments
evaluate the extent to which burrowing owls and their habitat may be impacted,
directly or indirectly, on and within a reasonable distance of a proposed CEQA
project activity or non-CEQA project.
Within the 2012 Staff Report, the minimum habitat replacement recommendation
was purposely excluded as it was shown to serve as a default, replacing any site-
specific analysis and discounting the wide variation in natal area, home range,
foraging area, and other factors influencing burrowing owls and burrowing owl
population persistence in a particular area. It hypothesized that mitigation for
permanent impacts to nesting, occupied, and satellite burrows and burrowing owl
habitat should be on, adjacent or proximate to the impact site where possible and
where habitat is sufficient to support burrowing owls present. If mitigation occurs
offsite, it should include (a) permanent conservation of similar vegetation
communities (grassland, scrublands, desert, urban, and agriculture) to provide for
burrowing owl nesting, foraging, wintering, and dispersal (i.e., during breeding and
non-breeding seasons) comparable to or better than that of the impact area, and (b)
be sufficiently large acreage with the presence of fossorial mammals. Furthermore,
the report noted that suitable mitigation lands should be based on a comparison of
the habitat attributes of the impacted and conserved lands, including but not limited
to: type and structure of habitat being impacted or conserved; density of burrowing
owls in impacted and conserved habitat; and significance of impacted or conserved
habitat to the species range-wide.
4. A thorough, recent, floristic-based assessment of special status plants and natural
communities, following CDFW’s Protocols for Surveying and Evaluating Impacts to
Special Status Native Plant Populations and Natural Communities (see
https://www.wildlife.ca.gov/Conservation/Plants).
5. Information on the regional setting that is critical to an assessment of environmental
impacts, with special emphasis on resources that are rare or unique to the region
(CEQA Guidelines § 15125[c]).
6. A full accounting of all open space and mitigation/conservation lands within and
adjacent to the Project.
Analysis of Direct, Indirect, and Cumulative Impacts to Biological Resources
The DEIR should provide a thorough discussion of the direct, indirect, and cumulative
impacts expected to adversely affect biological resources as a result of the Project
(including the plan’s land use designations, policies and programs). To ensure that
Project impacts to biological resources are fully analyzed, the following information
should be included in the DEIR:
Salvador Quintanilla, Senior Planner
City of Fontana
December 12, 2022
Page 6
1. A discussion of potential impacts from lighting, noise, human activity (e.g.,
recreation), defensible space, and wildlife-human interactions created by zoning of
development projects or other project activities adjacent to natural areas, exotic
and/or invasive species, and drainage. The latter subject should address Project-
related changes on drainage patterns and water quality within, upstream, and
downstream of the Project site, including: volume, velocity, and frequency of existing
and post-Project surface flows; polluted runoff; soil erosion and/or sedimentation in
streams and water bodies; and post-Project fate of runoff from the Project site.
With respect to defensible space: please ensure that the DEIR fully describes and
identifies the location, acreage, and composition of defensible space within the
proposed Project footprint. Please ensure that any graphics and descriptions of
defensible space associated with this project comply with San Bernardino County
Fire Department (or other applicable agency) regulations/requirements. The City of
Fontana, through their planning processes, should be ensuring that defensible space
is provided and accounted for within proposed development areas, and not
transferred to adjacent open space or conservations lands.
2. A discussion of potential indirect Project impacts on biological resources, including
resources in areas adjacent to the project footprint, such as nearby public lands (e.g.
National Forests, State Parks, etc.), open space, adjacent natural habitats, riparian
ecosystems, wildlife corridors, and any designated and/or proposed reserve or
mitigation lands (e.g., preserved lands associated with a Natural Community
Conservation Plan, or other conserved lands).
3. An evaluation of impacts to adjacent open space lands from both the construction of
the Project and any long-term operational and maintenance needs.
4. A cumulative effects analysis developed as described under CEQA Guidelines
section 15130. The DEIR should analyze the cumulative effects of the plan’s land
use designations, policies and programs on the environment. Please include all
potential direct and indirect Project related impacts to riparian areas, wetlands, vernal
pools, alluvial fan habitats, wildlife corridors or wildlife movement areas, aquatic
habitats, sensitive species and other sensitive habitats, open lands, open space, and
adjacent natural habitats in the cumulative effects analysis. General and specific
plans, as well as past, present, and anticipated future projects, should be analyzed
relative to their impacts on similar plant communities and wildlife habitats.
Alternatives Analysis
CDFW recommends the DEIR describe and analyze a range of reasonable alternatives
to the Project that are potentially feasible, would “feasibly attain most of the basic
Salvador Quintanilla, Senior Planner
City of Fontana
December 12, 2022
Page 7
objectives of the Project,” and would avoid or substantially lessen any of the Project’s
significant effects (CEQA Guidelines § 15126.6[a]). The alternatives analysis should
also evaluate a “no project” alternative (CEQA Guidelines § 15126.6[e]).
Mitigation Measures for Project Impacts to Biological Resources
The DEIR should identify mitigation measures and alternatives that are appropriate and
adequate to avoid or minimize potential impacts, to the extent feasible. The City of
Fontana should assess all direct, indirect, and cumulative impacts that are expected to
occur as a result of the implementation of the Project and its long-term operation and
maintenance. When proposing measures to avoid, minimize, or mitigate impacts,
CDFW recommends consideration of the following:
1. Fully Protected Species: Fully protected species may not be taken or possessed at
any time. Project activities described in the DEIR should be designed to completely
avoid any fully protected species that have the potential to be present within or
adjacent to the Project area. CDFW also recommends that the DEIR fully analyze
potential adverse impacts to fully protected species due to habitat modification, loss
of foraging habitat, and/or interruption of migratory and breeding behaviors. CDFW
recommends that the Lead Agency include in the analysis how appropriate
avoidance, minimization, and mitigation measures will reduce indirect impacts to
fully protected species.
2. Sensitive Plant Communities: CDFW considers sensitive plant communities to be
imperiled habitats having both local and regional significance. Plant communities,
alliances, and associations with a statewide ranking of S-1, S-2, S-3, and S-4 should
be considered sensitive and declining at the local and regional level. These ranks
can be obtained by querying the CNDDB and are included in The Manual of
California Vegetation (Sawyer et al. 2009). The DEIR should include measures to
fully avoid and otherwise protect sensitive plant communities from project-related
direct and indirect impacts.
3. California Species of Special Concern (CSSC): CSSC status applies to animals
generally not listed under the federal Endangered Species Act or the CESA, but
which nonetheless are declining at a rate that could result in listing, or historically
occurred in low numbers and known threats to their persistence currently exist.
CSSCs should be considered during the environmental review process.
CSSCs should be considered during the environmental review process. CSSC that
have the potential or have been documented to occur within or adjacent to the
project area, including, but not limited to: burrowing owl, coastal California
gnatcatcher, coast horned lizard, Los Angeles pocket mouse, northwestern San
Diego pocket mouse, northern harrier, yellow warbler, and yellow-breasted chat
Salvador Quintanilla, Senior Planner
City of Fontana
December 12, 2022
Page 8
4. Mitigation: CDFW considers adverse project-related impacts to sensitive species
and habitats to be significant to both local and regional ecosystems, and the DEIR
should include mitigation measures for adverse project-related impacts to these
resources. Mitigation measures should emphasize avoidance and reduction of
project impacts. For unavoidable impacts, onsite habitat restoration and/or
enhancement, and preservation should be evaluated and discussed in detail. Where
habitat preservation is not available onsite, offsite land acquisition, management,
and preservation should be evaluated and discussed in detail.
The DEIR should include measures to perpetually protect the targeted habitat values
within mitigation areas from direct and indirect adverse impacts in order to meet
mitigation objectives to offset project-induced qualitative and quantitative losses of
biological values. Specific issues that should be addressed include restrictions on
access, proposed land dedications, long-term monitoring and management
programs, control of illegal dumping, water pollution, increased human intrusion, etc.
If sensitive species and/or their habitat may be impacted from the Project, CDFW
recommends the inclusion of specific mitigation in the DEIR. CEQA Guidelines
section 15126.4, subdivision (a)(1)(8) states that formulation of feasible mitigation
measures should not be deferred until some future date. The Court of Appeal in San
Joaquin Raptor Rescue Center v. County of Merced (2007) 149 Cal.App.4th 645
struck down mitigation measures which required formulating management plans
developed in consultation with State and Federal wildlife agencies after Project
approval. Courts have also repeatedly not supported conclusions that impacts are
mitigable when essential studies, and therefore impact assessments, are incomplete
(Sundstrom v. County of Mendocino (1988) 202 Cal. App. 3d. 296; Gentry v. City of
Murrieta (1995) 36 Cal. App. 4th 1359; Endangered Habitat League, Inc. v. County
of Orange (2005) 131 Cal. App. 4th 777).
CDFW recommends that the DEIR specify mitigation that is roughly proportional to
the level of impacts, in accordance with the provisions of CEQA (CEQA Guidelines,
§§ 15126.4(a)(4)(B), 15064, 15065, and 16355). The mitigation should provide long-
term conservation value for the suite of species and habitat being impacted by the
Project. Furthermore, in order for mitigation measures to be effective, they need to
be specific, enforceable, and feasible actions that will improve environmental
conditions.
5. Habitat Revegetation/Restoration Plans: Plans for restoration and revegetation
should be prepared by persons with expertise in southern California ecosystems and
native plant restoration techniques. Plans should identify the assumptions used to
develop the proposed restoration strategy. Each plan should include, at a minimum:
(a) the location of restoration sites and assessment of appropriate reference sites;
(b) the plant species to be used, sources of local propagules, container sizes, and
Salvador Quintanilla, Senior Planner
City of Fontana
December 12, 2022
Page 9
seeding rates; (c) a schematic depicting the mitigation area; (d) a local seed and
cuttings and planting schedule; (e) a description of the irrigation methodology; (f)
measures to control exotic vegetation on site; (g) specific success criteria; (h) a
detailed monitoring program; (i) contingency measures should the success criteria
not be met; and (j) identification of the party responsible for meeting the success
criteria and providing for conservation of the mitigation site in perpetuity. Monitoring
of restoration areas should extend across a sufficient time frame to ensure that the
new habitat is established, self-sustaining, and capable of surviving drought.
CDFW recommends that local onsite propagules from the Project area and nearby
vicinity be collected and used for restoration purposes. Onsite seed collection should
be initiated in the near future in order to accumulate sufficient propagule material for
subsequent use in future years. Onsite vegetation mapping at the alliance and/or
association level should be used to develop appropriate restoration goals and local
plant palettes. Reference areas should be identified to help guide restoration efforts.
Specific restoration plans should be developed for various project components as
appropriate.
Restoration objectives should include protecting special habitat elements or re-
creating them in areas affected by the Project; examples could include retention of
woody material, logs, snags, rocks, and brush piles.
6. Nesting Birds and Migratory Bird Treaty Act: Please note that it is the Project
proponent’s responsibility to comply with all applicable laws related to nesting birds
and birds of prey. Fish and Game Code sections 3503, 3503.5, and 3513 afford
protective measures as follows: Fish and Game Code section 3503 makes it
unlawful to take, possess, or needlessly destroy the nest or eggs of any bird, except
as otherwise provided by Fish and Game Code or any regulation made pursuant
thereto. Fish and Game Code section 3503.5 makes it unlawful to take, possess, or
destroy any birds in the orders Falconiformes or Strigiformes (birds-of-prey) to take,
possess, or destroy the nest or eggs of any such bird except as otherwise provided
by Fish and Game Code or any regulation adopted pursuant thereto. Fish and Game
Code section 3513 makes it unlawful to take or possess any migratory nongame bird
except as provided by the rules and regulations adopted by the Secretary of the
Interior under provisions of the Migratory Bird Treaty Act of 1918, as amended (16
U.S.C. § 703 et seq.).
CDFW recommends that the DEIR include the results of avian surveys, as well as
specific avoidance and minimization measures to ensure that impacts to nesting
birds do not occur. Project-specific avoidance and minimization measures may
include, but not be limited to: project phasing and timing, monitoring of project-
related noise (where applicable), sound walls, and buffers, where appropriate. The
DEIR should also include specific avoidance and minimization measures that will be
Salvador Quintanilla, Senior Planner
City of Fontana
December 12, 2022
Page 10
implemented should a nest be located within the project site. If pre-construction
surveys are proposed in the DEIR, the CDFW recommends that they be required no
more than three (3) days prior to vegetation clearing or ground disturbance activities,
as instances of nesting could be missed if surveys are conducted sooner.
7. Moving out of Harm’s Way: To avoid direct mortality, CDFW recommends that the
lead agency condition the DEIR to require that a CDFW-approved qualified biologist
be retained to be onsite prior to and during all ground- and habitat-disturbing
activities to move out of harm’s way special status species or other wildlife of low or
limited mobility that would otherwise be injured or killed from project-related
activities. Movement of wildlife out of harm’s way should be limited to only those
individuals that would otherwise by injured or killed, and individuals should be moved
only as far a necessary to ensure their safety (i.e., CDFW does not recommend
relocation to other areas). Furthermore, it should be noted that the temporary
relocation of onsite wildlife does not constitute effective mitigation for the purposes
of offsetting project impacts associated with habitat loss.
8. Translocation of Species: CDFW generally does not support the use of relocation,
salvage, and/or transplantation as mitigation for impacts to rare, threatened, or
endangered species as studies have shown that these efforts are experimental in
nature and largely unsuccessful.
ADDITIONAL COMMENTS AND RECOMMENDATIONS
To ameliorate the water demands of this Project, CDFW recommends incorporation of
water-wise concepts in project landscape design plans. In particular, CDFW
recommends xeriscaping with locally native California species, and installing water-
efficient and targeted irrigation systems (such as drip irrigation). Local water
agencies/districts, and resource conservation districts in your area may be able to
provide information on plant nurseries that carry locally native species, and some
facilities display drought-tolerant locally native species demonstration gardens (for
example the Riverside-Corona Resource Conservation District in Riverside). Information
on drought-tolerant landscaping and water-efficient irrigation systems is available on
California’s Save our Water website: http://saveourwater.com/what-you-can-
do/tips/landscaping/
ENVIRONMENTAL DATA
CEQA requires that information developed in environmental impact reports and
negative declarations be incorporated into a database which may be used to make
subsequent or supplemental environmental determinations. (Pub. Resources Code, §
21003, subd. (e).) Accordingly, please report any special status species and natural
communities detected during Project surveys to the California Natural Diversity
Database (CNDDB). Information can be submitted online or via completion of the
Salvador Quintanilla, Senior Planner
City of Fontana
December 12, 2022
Page 11
CNDDB field survey form at the following link:
https://wildlife.ca.gov/Data/CNDDB/Submitting-Data. The completed form can be mailed
electronically to CNDDB at the following email address: CNDDB@wildlife.ca.gov. The
types of information reported to CNDDB can be found at the following link:
https://wildlife.ca.gov/Data/CNDDB/Plants-and-Animals.
FILING FEES
The Project, as proposed, would have an impact on fish and/or wildlife, and assessment
of filing fees is necessary. Fees are payable upon filing of the Notice of Determination
by the Lead Agency and serve to help defray the cost of environmental review by
CDFW. Payment of the fee is required in order for the underlying project approval to be
operative, vested, and final. (Cal. Code Regs, tit. 14, § 753.5; Fish & G. Code, § 711.4;
Pub. Resources Code, § 21089.).
CONCLUSION
CDFW appreciates the opportunity to comment on the NOP of a DEIR for the Project
(SCH No. 2022110389) and recommends that the City of Fontana address the
CDFW’s comments and concerns in the forthcoming DEIR. If you should have any
questions pertaining to the comments provided in this letter, please contact June
Leanos, Fish and Wildlife Scientific Aid at June.Leanos@wildlife.ca.gov.
Sincerely,
Kim Freeburn
Environmental Program Manager
ec: June Leanos, Scientific Aid
Inland Deserts Region
June.Leanos@wildlife.ca.gov
Office of Planning and Research, State Clearinghouse, Sacramento
state.clearinghouse@opr.ca.gov
REFERENCES
Sawyer, J. O., T. Keeler-Wolf, and J. M. Evens. 2009. A manual of California
Vegetation, 2nd ed. California Native Plant Society Press, Sacramento, California.
http://vegetation.cnps.org/
From:Salvador Quintanilla
To:Tracy Zinn; Kristen Goddard
Subject:FW: Citrus & Oleander Avenue at Santa Ana Avenue
Date:Tuesday, December 6, 2022 2:41:24 PM
Just FYI from Socalgas.
Salvador Quintanilla
Senior Planner • Planning
City of Fontana • 8353 Sierra
Avenue • Fontana, CA 92335
squintanilla@fontana.org • Office:
(909) 350-6656
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From: Liao, William <WLiao@socalgas.com>
Sent: Tuesday, December 6, 2022 10:59 AM
To: Salvador Quintanilla <squintanilla@fontana.org>
Cc: Castellanos, David <DCastellanos@socalgas.com>
Subject: Citrus & Oleander Avenue at Santa Ana Avenue
CAUTION - EXTERNAL SENDER - THIS EMAIL ORIGINATED OUTSIDE OF THE CITY'S EMAIL SYSTEM
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Good morning, Salvador.
I just got the package for Citrus & Oleander at Santa Ana. We have facilities along Citrus, Santa Ana,
and Oleander, plus multiple services within the project site.
Please make sure to contact 811/Dig Alert prior to any excavations, and contact our New Business
section to start an application if you have gas service needs for the future development, at
https://www.socalgas.com/for-your-business/builder-services
Please let me know if you have any questions.
Will LiaoRegion Planning SupervisorRedlands HQ / Southeast RegionDesk: 213-244-4543Mobile: 562-889-1981