HomeMy WebLinkAbout2017-04-12 - Supplemental B,ie-e-o2ee n*1�1
Department of Toxic Substances Control
Matthew Rodriquez Barbara A. Lee, Director
Secretary for 5796 Corporate Avenue
Environmental Protection Cypress, California 90630
March 28, 2017
Mr. Dat Tran
Assistant Planner
Planning Department
City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, California 91730
CITY OF RANCHO CUCAMONGA
MAR 3 0 2017
RECEIVED - PLANNING
Edmund G. Brown Jr.
Governor
INITIAL STUDY AND PROPOSED MITIGATED NEGATIVE DECLARATION (ND) FOR
DESIGN REVIEW DRC2016-00695 PROJECT (SCH# 2017031026)
Dear Mr. Tran:
The Department of Toxic Substances Control (DTSC) has reviewed the subject ND.
The following project description is stated in the ND: 'The project scope includes two
warehouse buildings and extension of an existing local road, Feron Boulevard, on an
existing in -fill site located within the General Industrial (GI) District. The site is located
north of 8th Street and west of Industrial Lane. Feron Boulevard runs east to west and
separates the site into a north and south parcel. Building 1 consists of a 64,509 square
foot warehouse building, including 5,000 square feet of ancillary office space, on a
3.12 acre parcel north of the proposed Feron Boulevard extension at 9500 Feron
Boulevard. Building 2 consists of an 85,494 square foot warehouse building, including
5000 square feet ancillary office space, on a 4.40 acre parcel south of the proposed
Feron Boulevard extension 9505 Feron Boulevard. "
Based on the review of the submitted document DTSC has the following comments:
1. The NO should identify and determine whether current or historic uses at the
project site may have resulted in any release of hazardous wastes/substances.
A Phase I Environmental Site Assessment may be appropriate to identify any
recognized environmental conditions.
2. If there are any recognized environmental conditions in the project area, then
proper investigation, sampling and remedial actions overseen by the appropriate
regulatory agencies should be conducted prior to the new development or any
construction.
Mr. Dat Tran
March 28, 2017
Page 2
3. If the project plans include discharging wastewater to a storm drain, you may be
required to obtain an NPDES permit from the overseeing Regional Water Quality
Control Board (RWQCB).
4. The Phase I Environmental Site Assessment (Phase 1) attached along with the
ND states, "A review of historical photographs and historic city directories
determined the industrial buildings to the north were constructed about 25-30
years ago. The industrial buildings east of the subject property were constructed
about 40-45 years ago. The industrial building south of the 8th Street was
constructed about 10-15 years ago." If planned activities include building
modifications/demolitions, lead -based paints or products, mercury, and asbestos
containing materials (ACMs) should be addressed in accordance with all
applicable and relevant laws and regulations.
The Phase I further states, "Prior to construction of the nearby existing buildings,
the area surrounding the subject property was part of a large orchard from 1930s
through the 1950s." If the site was used for agricultural or related activities,
residual pesticides may be present in onsite soil. DTSC recommends
investigation and mitigation, as necessary, to address potential impact to human
health and environment from residual pesticides.
6. The Phase I states, "The electrical power in the area is supplied by overhead
utility lines, and no signs were observed on the nearby transformers indicating
the presence of polychlorinated biphenyls (PCBs). DTSC recommends
evaluation, proper investigation and mitigation, if necessary, on onsite areas with
current or historical PCB -containing transformers.
In addition, the Phase I states, "Minor surface stains of oil and gasoline were
observed in the yard." If soil contamination is suspected or observed in the
project area, then excavated soil should be sampled prior to export/disposal. If
the soil is contaminated, it should be disposed of properly in accordance with all
applicable and relevant laws and regulations. In addition, if the project proposes
to import soil to backfill the excavated areas, proper evaluation and/or sampling
should be conducted to make sure that the imported soil is free of contamination.
8. If the project development involves soil export/import, proper evaluation is
required. If soil contamination is suspected or observed in the project area, then
excavated soil should be sampled prior to export/disposal. If the soil is
contaminated, it should be disposed of properly in accordance with all applicable
and relevant laws and regulations. In addition, if imported soil was used as
backfill onsite and/or backfill soil will be imported, DTSC recommends proper
evaluation/sampling is necessary to ensure the backfill material is free of
contamination.
Mr. Dat Tran
March 28, 2017
Page 3
9. If during construction/demolition of the project, soil and/or groundwater
contamination is suspected, construction/demolition in the area should cease and
appropriate health and safety procedures should be implemented. If it is
determined that contaminated soil and/or groundwater exist, the ND should
identify how any required investigation and/or remediation will be conducted, and
the appropriate government agency to provide regulatory oversight.
If you have any questions regarding this letter, please contact me at (714) 484-5476 or
email at Johnson.Abraham(cDdtsc ca oov.
incerely, (}
�o nson P. Abraham
P ject Manager
Brownfields Restoration and School Evaluation Branch
Brownfields and Environmental Restoration Program - Cypress
kl/sh/ja
cc: See next page.
Mr. Dat Tran
March 28, 2017
Page 4
cc: Governor's Office of Planning and Research (via e-mail)
State Clearinghouse
P.O. Box 3044
Sacramento, California 95812-3044
State clearinghouse(3opr.ca.gov
Mr. Guenther W. Moskat, Chief (via e-mail)
Planning and Environmental Analysis Section
CEQA Tracking Center
Department of Toxic Substances Control
Guenther. Moskat@dtsc ca.gov
Mr. Dave Kereazis (via e-mail)
Office of Planning & Environmental Analysis
Department of Toxic Substances Control
Dave Kereazis(adtsc ca.gov
Mr. Shahir Haddad, Chief (via e-mail)
Schools Evaluation and Brownfields Cleanup
Brownfields and Environmental Restoration Program - Cypress
Shahir.HaddadCa dtsc.ca.gov
CEQA# 2017031026
STATE OF CALIFO.RNIA,ems
,Edmutu:Lq BIOYIdJc. Govemnr
NATIVE AMERICAN HERITAGE COMMISSION
e-��,�..
' rwryl:rypCV CAMONGA
1550 Harbor Blvd., Sulte 100
West Sacramento, CA 95691
APR
Phone (916) 373-3710
r 4 201I
Fax (916) 373.5471
Email: nahc@nnhc.ca.gov
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W : pV1Wwvv.A8hoca.gov
CA-
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MCANAHC
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April 4, 2017
Dat Tran
City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
sent via e-mail:
dat.tran@cityofrc.us
Re: SCH# 2017031026, Design Review DRC2016-00696 Project, City of Rancho Cucamonga; San Bernardino County,
California
Dear Mr. Tran:
The Native American Heritage Commission (NAHC) has reviewed the Mitigated Negative Declaration prepared for the project
referenced above. The review included the Introduction and Project Description, the Environmental Checklist Initial Study Part
II, the Cultural Resources Phase I Assessment, Tribal Consultation Initial Study, and the Part II and Part III Study prepared by
Brian F. Smith 8 Associates for the City of Rancho Cucamonga. We have the following concerns:
There is no questions and analysis in the Tribal Cultural Resources subsection in the Executive Summary as per
California Natural Resources Agency (2016) "Final Text for tribal cultural resources update to Appendix G:
Environmental Checklist Form," hit pJ/resources.ca gov/cegW ocs/ab 2/Glean-final-AB-52-App•G-tgg--$ud_mitted.pdf
There are no mitigation measures specifically addressing
must take Tribal Cultural Resources into consideration
occurring. Mitigation language for archaeological resoun
specifically for handling Tribal Cultural Resources.
Tribal Guttural Resources separately. Mitigation measures
is required under AS-52, with or without consultation
as is not always appropriate for or similar to measures
The California Environmental Quality Act (CEQA)', specifically Public Resources Code section 21084.1, states that a project
that may cause a substantial adverse change in the significance of a historical resource is a project that may have a significant
effect on the environment.' if there is substantial evidence, in light of the whole record before a lead agency, that a project may
have a significant effect on the environment, an environmental impact report (EIR) shall be prepared.3 In order to determine
whether a project will cause a substantial adverse change in the significance of a historical resource, a lead agency will need to
determine whether there are historical resources with the area of project effect (APE).
CEQA was amended in 2014 by Assembly Bill 52. (AB 52).4 AB 52 applies to any project for which a notice of preparation
or a notice of negative declaration or mitigated negative declaration is filed on or after July 1, 2015. AB 52 created a
separate category for "tribal cultural resources"s, that now includes "a project with an effect that may cause a substantial adverse
change in the significance of a tribal cultural resource is a project that may have a significant effect on the environments Public
agencies shall, when feasible, avoid damaging effects to any tribal cultural resource! Your project may also be subject to
Senate Bill 18 (SB 18). (Button, Chapter 905, Statutes of 2004), Government Code 65352.3, if it also involves the adoption of or
amendment to a general plan or a specific plan, or the designation or proposed designation of open space, Both SS 18 and
AB 52 have tribal consultation requirements. Additionally, if your project Is also subject to the federal National Environmental
Policy Act (42 U.S.C. § 4321 at seq.) (NEPA), the tribal consultation requirements of Section 106 of the National Historic
Preservation Act of 1966' may also apply.
Consult your legal counsel about compliance with AB 52 and SB 16 as well as compliance with any other applicable
laws.
' Pub. Resources Code § 21000 at seq.
' Pub. Resources Code § 21084.1; Cal. Code Regs., 14.14, § 15064.5 (b); CEQA Guidelines Section 15064.5 (b)
' Pub. Resources Code § 21080 (d); Cal. Cale Regs., tit. 14, § 15064 subd.(a)(1); CECA Guidelines § 15064 (a)(1)
'Government Code 65352.3
'Pub. Resources Cale § 21074
'Pub. Resources Cale § 21084.2
'Pub. Resources Code § 21064.3 (e)
° 154 U.S.C. 300701, 36 C.F.R. § 1300 et seq. yl
Agencies should be aware that AB 52 does not preclude agencies from initiating tribal consultation with tribes that are
traditionally and culturally affiliated with their jurisdictions before the timeframes provided In AB 52. For that reason, we urge you
to continue to request Native American Tribal Consultation Lists and Sacred Lands File searches from the NAHC. The request
forms can be found online at: http; /nahc.cagov/reggurpes/formst. Additional information regarding AB 52 can be found online
at htt:/nahc.�agov_Awp-content/uoloads/2015/1o/AB52 ribalConsuttation_CalEPAPDF,pdt, entitled "Tribal Consultation Under
AB 52: Requirements and Best Practices".
The NAHC recommends lead agencies consult with all California Native American tribes that are traditionally and culturally
affiliated with the geographic area of your proposed project as early as possible in order to avoid inadvertent discoveries of
Native American human remains and best protect tribal cultural resources.
A brief summary of portion _ of AB 52 and SB 18 as well as the NAHC's recommendations for conducting cultural resources
assessments is also attached.
Please contact me at gayle.totton@nahc.ca.gov or call (916) 373-3710 if you have any questions.
Sincerely,
G Totton,M.A., Ph.D
fate Governmental Project Analyst
Attachment
cc: State Clearinghouse
Pertinent Statutory Information:
Under AS 52:
AS 52 has added to CEQA the additional requirements listed below, along with many other requirements:
Within fourteen (14) days of determining that an application for a project is complete or of a decision by a public agency to
undertake a project, a lead agency shall provide formal notification to a designated contact of, or tribal representative of,
traditionally and culturally affiliated California Native American tribes that have requested notice.
A lead agency shall begin the consultation process within 30 days of receiving a request for consultation from a California
Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed projects and prior to
the release of a negative declaration, mitigated negative declaration or environmental Impact report. For purposes of AS
52, °consultation shall have the same meaning as provided in Gov. Code § 65352.4 (SS 18).10
The following topics of consultation, if a tribe requests to discuss them, are mandatory topics of consultation:
a. Alternatives to the project.
b. Recommended milllgation measures.
c. Significant effects.y
1. The following topics are discretionary topics of consultation:
a. Type of environmental review necessary.
b. Significance of the tribal cultural resources.
c. Significance of the project's Impacts on tribal cultural resources.
If necessary, roject alternatives or appropriate measures for preservation or mitigation that the tribe may recommend to the
lead agency. z
With some exceptions, any Information, including but not limited to, the location, description, and use of tribal cultural resources
submitted by a California Native American tribe during the environmental review process shall not be Included In the
environmental document or otherwise disclosed by the lead agency or any other public agency to the public,
consistent with Government Code sections 6254 (r) and 6254.10. Any information submitted by a California Native
American tribe during the consultation or environmental review process shall be published in a confidential appendix to the
environmental document unless the tribe that provided the Information consents, in writing, to the disclosure of some or all of the
Information to the public.13
it a project may have a significant impact on a tribal cultural resource, the lead agency's environmental document shall
discuss both of the following:
a. Whether the proposed project has a significant Impact on an identified tribal cultural resource.
b. Whether feasible alternatives or mitigation measures, including those measures that maybe agreed to pursuant to
Public Resources Code section 21082.3, subdivision (a), avoid or substantially lessen the Impact on the identified
tribal cultural resource.14
Consultation with a tribe shall be considered concluded when either of the following occurs:
a. The parties agree to measures to mitigate or avoid a significant effect, it a significant effect exists, on a tribal
cultural resource; or
b. A party, acting In good faith and after reasonable effort, concludes that mutual agreement cannot be reached.16
Any mitigation measures agreed upon In the consultation conducted pursuam to Public Resources Code section 21080.3.2
shall be recommended for Inclusion In the environmental document and In an adopted mitigation monitoring and
reporting program, if determined to avoid or lessen the im�act pursuant to Public Resources Code section 21082.3,
subdivision (b), paragraph 2, and shall be fully enforceable. 8
If mitigation measures recommended by the staff of the lead agency as a result of the consultation process are not included in
the environmental document or if there are no agreed upon mitigation measures at the conclusion of consultation, or If
consultation does not occur, and if substantial evidence demonstrates that a project will cause a significant effect to a tribal
cultural resource, the lead agency shall consider feasible mitigation pursuant to Public Resources Code section 21084.3
(b) 17
An environmental impact report may not be certified, nor may a mitigated negative declaration or a negative declaration be
adopted unless one of the following occurs:
a. The consultation process between the tribes and the lead agency has occurred as provided In Public Resources
Code sections 21080.3.1 and 21080.3.2 and concluded pursuant to Public Resources Code section 21080.3.2.
b. The tribe that requested consultation failed to provide comments to the lead agency or otherwise failed to engage
in the consultation process.
' Pub. Resources Code § 210N.3.1, subda (d) and (e)
10 Pub. Resources Code § 21080.3.1 (b)
" Pub. Resources Code § 210002.2 (a)
Pub. Resources Code § 2100032 (a)
"Pub. Resources Code § 21082.3 (a)(1)
" Pub. Resources Code § 21082.3 (b)
1e Pub. Resources Cade § 21080.3.2 (b)
"Pub. Resources Cade § 21082.3 (a)
" Pub. Resources Code § 21082.3 (0)
c. The lead agency provided notice of the project to the tribe in compliance with Public Resources Code section
21080.3.1 (d) and the tribe failed to request consultation within 30 days.18
This process should be documented in the Tribal Cultural Resources section of your environmental document.
Under SS 16:
Government Code § 65352.3 (a) (1) requires consultation with Native Americans on general plan proposals for the purposes of
"preserving or mitigating impacts to places, features, and objects described § 5097.9 and § 5091.993 of the Public Resources
Code that are located within the city or county's jurisdiction. Government Code § 65560 (a), (b), and (c) provides for
consultation with Native American tribes on the open -space element of a county or city general plan for the purposes of
protecting places, features, and objects described in Sections 5097.9 and 5097.993 of the Public Resources Code.
• SS 16 applies to local governments and requires them to contact, provide notice to, refer plans to, and consult with tribes
prior to the adoption or amendment of a general plan or a specific plan, or the designation of open space. Local
governments should consult the Governor's Office of Planning and Research's "Tribal Consultation Guidelines; which can
be found online at: https://wWw.opr.cg.gov/dQcgQ9 14 05 Updated Guidelines 922.pd(
• Tribal Consultation: If a local government considers a proposal to adopt or amend a general plan or a specific plan, or to
designate open space it is required to contact the appropriate tribes identified by the NAHC by requesting a "Tribal
Consultation List' If a tribe, once contacted, requests consultation the local government must consult with the tribe on the
plan proposal. A tribe has 90 days from the date of receipt of notification to request consultation unless a shorter
timeframe has been agreed to by the tribe.''
• Tjlerejjs no StatWWZ.r iQ it on Tron uw.
• Confidentiality: Consistent with the guidelines developed and adopted by the Ott ice of Planning and Research,2'the city or
county shall protect the confidentiality of the Information concerning the specific identity, location, character, and use of
places, features and objects described in Public Resources Code sections 5097.9 and 5097.993 that are within the city's or
county's jurisdiction 21
• Conclusion Tribal Consuttati40: Consultation should be concluded at the point in which:
o The parties to the consultation come to a mutual agreement concerning the appropriate measures for preservation
or mitigation; or
o Either the local government or the tribe, acting in good faith and after reasonable effort, concludes that mutual
agreement cannot be reached concerning the appropriate measures of preservation or mitigation 12
yAHC Recommendations for Guttural Resources Assessments:
Contact the NAHC for:
o A Sacred Lands File search. Remember that tribes do not always record their sacred sites in the Sacred Lands
File, nor are they required to do so. A Sacred Lands File search is not a substitute for consultation with tribes that
are traditionally and culturally affiliated with the geographic area of the project's APE.
o A Native American Tribal Contact List of appropriate tribes for consultation concerning the project site and to assist
In planning for avoidance, preservation in place, or, failing both, mitigation measures.
The request form can be found at hho;H ahc.p ov/resouroas/forms/.
Contact the appropriate regional California Historical Research Information System (CHRIS) Center
(httpl/ohp.parks:ca.gov/?page_id.=1466) for an archaeological records search. The records search will determine:
o If part or the entire APE has been previously surveyed for cultural resources.
o. If any known cultural resources have been already been recorded on or adjacent to the APE.
a If the probability is low, moderate, or high that cultural resources are located in the APE.
o If a survey is required to determine whether previously unrecorded cultural resources are present.
If an archaeological inventory survey is required, the final stage is the preparation of a professional report detailing the
findings and recommendations of the records search and field survey.
o The final report containing site forms, site significance, and mitigation measures should be submitted immediately
to the planning department. All information regarding site locations, Native American human remains, and
associated funerary objects should be in a separate confidential addendum and not be made available for public
disclosure.
o The final written report should be submitted within 3 months after work has been completed to the appropriate
regional CHRIS center.
" Pub. Resources Code § 21082.3 (d)
1° (Gov. Code § 65352.3 (8)(2)).
pursuant to Gov. Code section 65040.2,
" (Gov. Code § 65352.3 (b)).
° (Tribal Consultation Guidelines. Governors Office of Planning and Research (2005) at p. 18).
4
Examples of MR[ atlon Measures That May Be Considered to Avoid or Minimize Signlfp:ant Adverse Impacts to Tribal
Cultural Rgg��ga:
o Avoidance and preservation of the resources In place, including, but not limited to:
• Planning and construction to avoid the resources and protect the cultural and natural context
• Planning greenspace, parks, or other open space, to incorporate the resources with culturally appropriate
protection and management criteria.
o Treating the resource with culturally appropriate dignity, taking Into account the tribal cultural values and meaning
of the resource, including, but rat limited to, the following:
• Protecting the cultural character and integrity of the resource.
• Protecting the traditional use of the resource.
• Protecting the confidentiality of the resource.
o Permanent conservation easements or other Interests In real property, with culturally appropriate management
criteria for the purposes of preserving or utilizing the resources or places.
o Please note that a federally recognized California Native American tribe or a non -federally recognized California
Native American tribe that Is on the contact list maintained by the NAHC to protect a California prehistoric,
archaeological, cultural, spiritual, or ceremoniaiglace may acquire and hold conservation easements if the
conservation easement Is voluntarily conveyed.
o Please note that It Is the policy of the state that Native American remains and associated grave artifacts shall be
repatdated.24
The lack of surface evidence of archaeological resources (Including tribal cultural resources) does not preclude their subsurface
existence.
o Lead agencies should Include In their mitigation and monitoring reporting Oroaram plan provisions for the
e ' icatan and_ev_aluatiorrof Inadvertently discovered archaeological resources. In areas a of Identified
archaeological sensitivity, a certified archaeologist and a culturally affiliated Native American with knowledge of
cultural resources should monitor all ground -disturbing activities.
o Lead agencies should Include In their mitigation and monitoring mporting prog am plans ro.�ong for(he.
disposition of recovered cultural Items that are not burial associated in consultation with culturally affiliated Native
Americans.
o Lead agencies should include In their mitigation and monitoring. reporting pmamm plans_prgvisiona Tor the
troelment and dlsposltion of inadvertemly diswyargQ Native American human remain. Health and Safety Code
section 7050.5, Public Resources Code section 5097.98, and Cal. Code Rage., tit. 14, section 15064.5,
subdivisions (d) and (a) (CEQA Guidelines section 15064.5, subds. (d) and (a)) address the processes to be
followed In the event of an Inadvertent discovery of any Native American human remains and associated grave
goods in a location other than a dedicated cemetery.
" (CW. Code § 815.3 (Q.
•' (Pub. Reeouroeo Code § 5097.991).
per CaL Code Rego., tit 14, aectbn 15084.5(t) (CEQA Quklallnes seMn 15094.6M).
5
Dom
RON
April 10, 2017
City of Rancho Cucamonga
Planning Commission
P.O. Box 807
Rancho Cucamonga, CA 91729-0807
RE.: Design Review DRC2016-00695
To The Rancho Cucamonga Planning Commission
CITY OF RANCHO CUCAMONGA
APR 10 2017
RECEIVED - PLANNING
I own the property directly adjacent to the proposed development. These two buildings
seem too large for the parcels of land that they are being put on, and for the immediate
area. There is nothing that large in that immediate area and this will bring a lot of truck
traffic to the roads in that area. The proposed buildings are being designed purposely for
large tractor trailer type trucks, in a neighborhood that has not been built to handle it.
These trucks will be forced to go out to Ninth Street by way of Helms Avenue or
Industrial Lane and on Ninth Street they will have to go to Archibald Avenue or
Vineyard Avenue. Neither one of the intersections have been constructed to handle this
kind of traffic, especially the intersection at Ninth Street and Archibald Avenue.
They are also proposing an exit into the Davies Industrial Park on Ninth Street. There is
absolutely no way that the Davies Industrial Park and the ones adjacent to them could
handle any extra truck traffic, especially the size of the ones proposed. These issues need
to be addressed, before this project is approved. Please feel free to contact me, if you
have any questions.
Thank You,
David R Moore
President
Moore Electric, Inc.
Electrical/General Contractor
File: RCucamonga4.10.17 D-i
9449 Ninth Street • Rancho Cucamonga, CA 91730
(909)941-9983 - C-10 No.575048 - FAX: (909) 941-7114
April 12, 2017
Legislative Updates:
TRANS PORTATIONIINFRASTRUCTURE
Gov. Jerry Brown pushed through an ambitious plan last week that will fund the repair of
California's system of crumbling roads, highways and bridges.
What this means:
• The bill includes increases in gas taxes and vehicle fees to raise $52 billion over the next
decade for the repairs.
• The bill, approved by two-thirds votes of the Senate and Assembly on Thursday,
• Raises the gas tax by 12 cents per gallon
• Boosts diesel taxes (20 cents per gallon)
• Creates a new annual fee when cars and trucks are registered based on
the value of a vehicle.
Similar proposals have languished for years, but Brown and legislative leaders set a quick -turn
April 6 deadline for action, hoping to pressure a compromise before the Legislature's spring
break — ahead of big debates to come in 2017 on the state budget and hundreds of bills.
How it got done:
The win didn't come cheaply — Brown and legislative dealers promised nearly $1 billion for the
pet projects of lawmakers who had been sitting on the fence before they were persuaded to
vote for the bill.
The funding "arrangements," as Brown called them, helped the governor and legislators break a
two-year Sacramento stalemate on transportation funding.
Some legislators said the horse -trading taints the legislative process, but Brown defended the
deals as justified, a moderate investment compared with the payoff of a bill that will generate
$5.2 billion annually in the first 10 years for road repairs, and billions more in future years.