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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 (l W : pV1Wwvv.A8hoca.gov CA- �'�' _D MCANAHC v ,P"NNINGTwfitter: 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.