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HomeMy WebLinkAbout2020-06-24 Supplementals - PC-HPCLSA June 24, 2020 Tabe van der Zwaag City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Subject: Comment letter from Kinsinger Environmental Consulting on the Proposed Westbury Residential Project Dear Mr. van der Zwaag: CARLSBAD FRESNO IRVINE LOS ANGELES PALM SPRINGS POINT RICHMOND RIVERSIDE ROSEVILLE SAN LUIS OBISPO In a letter dated June 24, 2020, Ms. Debbie Kinsinger requested that new information be added to the file for the proposed Westbury Residential Project regarding the presence of an over -wintering (non -breeding season) burrowing owl observed on the Westbury Project site in 2017. Ms. Kinsinger further requests mitigation and consultation with the California Department of Fish and Wildlife (CDFW) prior to adoption of the Initial Study/Mitigated Negative Declaration (IS/MND). Ms. Kinsinger states that she conducted surveys in 2017 for the adjacent property to the south and that the over -wintering owl was observed on the Project site. While the information provided by Ms. Kinsinger was not known to the City at the time the IS/MND was prepared, on page 4-25 of the IS/MND, it states that "Some special -status species have the potential to occur on site, including the burrowing owl (Athene cunicularia)" and that "the Project site supports suitable habitat for the burrowing owl, which is a Federal and State Species of Special Concern." The IS/MND also recommends the adoption of Mitigation Measure 8I0-2 to address potential impacts to burrowing owls. Mitigation Measure BIO-2 was revised after circulation of the IS/MND based on input received from CDFW in a letter dated June 11, 2020. The full text of the revised mitigation measure is provided below: BIO-2 Burrowing Owl Surveys. Prior to grading or any other ground -disturbing activity, a qualified biologist shall conduct a habitat assessment for burrowing owls to determine if suitable burrowing owl habitat is present in and adjacent to the Project site. If suitable habitat is present, then focused breeding season surveys shall be conducted consistent with the procedures outlined in Appendix D of the 2012 California Department of Fish and Wildlife Staff Report on Burrowing Owl Mitigation (CDFW Staff Report). Regardless of whether burrowing owls are detected during focused breeding season surveys, a pre -construction survey shall be performed by a qualified biologist no less than 14 days prior to ground -disturbing activities. If no burrowing owls are observed on site during the pre -construction clearance survey, a letter shall be prepared by the qualified biologist documenting the results of the survey. The letter shall be 20 Executive Park, Suite 200, Irvine, California 92614 949.553.0666 www.isa.net LSA submitted to the Director of the City of Rancho Cucamonga Planning Department, or designee, prior to issuance of any grading permits, and no further action is required. If presence of burrowing owl is determined either during the focused breeding season surveys or pre -construction surveys, the applicant shall contact CDFW prior to commencing project activities and conduct an impact assessment to determine appropriate mitigation in accordance with the CDFW Staff Report. If one or more burrowing owls are observed on site during the pre -construction clearance survey, and permanent avoidance of the owl(s) by the project is not feasible, then the occupied area shall be avoided with an appropriate setback buffer as determined by the qualified biologist until either the burrowing owl(s) can be excluded from the site (subject to CDFW approval) or the owls leave the site on their own. In accordance with the CDFW Staff Report, the size of the setback buffer should be in the range of 50 meters to 500 meters and will be determined through a combination of the extent of owl use (i.e., nesting sites versus non -breeding use), the time of year, and the level of disturbance. If burrowing owls cannot be avoided by the proposed Project a qualified biologist shall prepare and submit a Burrowing Owl Exclusion Plan to CDFW in accordance with Appendix E of the CDFW Staff Report for review/approval prior to the commencement of disturbance activities onsite. Burrow exclusion involves the installation of one-way doors in burrow openings during the nonbreeding season to temporarily or permanently exclude burrowing owls and to close burrows after verifying through site monitoring and scoping that the burrows are empty. Existing or artificial burrows situated less than 75 meters from the Project site are the ideal scenario for successful passive relocation. Additional factors for successful passive relocation are included in the CDFW Staff Report; however, if adjacent lands are not available then alternate mitigation will be identified. When a qualified biologist determines that burrowing owls are no longer occupying the Project site and passive relocation is complete, construction activities may continue. A final letter report shall be prepared by the qualified biologist documenting the results of the passive relocation. The letter shall be submitted to CDFW and the Director of the City of Rancho Cucamonga Planning Department, or designee, prior to the issuance of any grading activities. If mitigation will include the conservation of adjacent or off -site lands for burrowing owls, then the Applicant will coordinate with CDFW and the City of Rancho Cucamonga to ensure that the permanent conservation and management of burrowing owl habitat is addressed such that the habitat acreage, number of burrows and burrowing owl impacts are replaced consistent with the CDFW Staff Report. A qualified biologist shall confirm that conservation lands contain natural unoccupied burrows at a 2:1 replacement ratio, or otherwise the biologist will construct artificial burrows for use by the owls. Monitoring and management of the replacement burrow site(s) shall be conducted and a reporting plan shall be prepared. The objective shall be to manage the replacement burrow sites for the 6/24/20 (P:\STR3901- Westbury\Initial Study_Mffipted Negative 0eclaratlon\Proposed Finel\Response to ginsinger letter.doa) LSA benefit of burrowing owls (e.g., minimizing weed cover), with the specific goal of maintaining the functionality of the burrows for a minimum of 2 years. Consistent with Ms. Kinsingers request, the mitigation measure considers and plans to avoid possible impacts to burrowing owls and requires both focused burrowing owl surveys and pre - construction surveys. Further, the mitigation is consistent with the recommendations in the CDFW 2012 Staff Report on Burrowing Owl Mitigation (CDFW Staff Report). The proposed Project would not cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, or substantially reduce the number or restrict the range of an endangered, rare, or threatened species. Further, as noted above, the burrowing owl is a Federal and State Species of Special Concern, not an endangered, rare, or threatened species. In summary, the IS/MND disclosed that burrowing owls may be present on the site and that suitable habitat for burrowing owls exists on the Project site. The City conferred with the CDFW via the California Environmental Quality Act (CEQA) process and revised Mitigation Measure BIO-2 based on input from the CDFW. Implementation of Mitigation Measure BIO-2 would reduce potential impacts associated with burrowing owls to a less than significant level. Sincerely, LSSAAssociates, Inc. J'U64, Nicole Du is Principal 6/24/20 (P:\AR1901- Westbury\Initial Study_Mitlgated Negative Declaration\Proposed Final\Response to (vainger lettecdocx) Kinsinger Environmental Consulting Tuesday, June 24, 2020 Environmental Consulting Since 2003 5700 Baltimore Dr. #53 La Mesa, CA 91942 PrjMgr@KECBiz.com Cell: 760-846-2649 Tel: 877-593-6275 Subject: IS/MND Deficiencies for Burrowing Owl, Mandatory Findings of Significance and Cumulative Effects Rancho Cucamonga City Planning Commissioners 10500 Civic Center Drive Rancho Cucamonga CA 91730 Honorable Commissioners, I regret that I was unaware of the completion of the IS/MND for the Westbury Residential Project on East Avenue in Rancho Cucamonga until recently. I am sorry to inform you at this late date of the deficiencies in the IS/MND for the Westbury Residential Project and to oppose certification until those deficiencies are corrected. I am requesting that new information be added to the file regarding the known presence of an over - wintering (non -breeding season) burrowing owl on the site and request appropriate surveys, mitigation and consultation with the California Department of Fish and Wildlife (CDFW) based on this new information prior to certification. Guidance in the CDFW 2012 Burrowing Owl Mitigation Staff Report states: "At a minimum, if burrowing owls have been documented to occupy burrows (see Definitions, Appendix B) at the project site in recent years, the current scientific literature supports the conclusion that the site should be considered occupied and mitigation should be required by the CEQA lead agency to address project -specific significant and cumulative impacts. Other site - specific and regionally significant and cumulative impacts may warrant mitigation... Habitat should not be altered or destroyed, and burrowing owls should not be excluded from burrows, until mitigation lands have been legally secured, are managed forthe benefit of burrowing owls according to Department -approved management, monitoring and reporting plans, and the endowment or other long-term funding mechanism is in place or security is provided until these measures are completed." (CDFW 2012) I conducted surveys in 2017 for the adjacent property to the south on January 18, 20, 30 and February 21 as part of take avoidance and monitoring. The over -wintering burrowing owl was present on the Westbury project parcel during all survey and monitoring activities (KEC 2017)1. Previous surveys that were conducted during burrowing owl breeding season showed "no evidence of burrowing owl use". Those surveys included a 30-day preconstruction survey on April 28, 2016 and habitat assessments conducted on December 9, 2014 and April 13, 2009. The 30-day preconstruction survey in 2016 included a 500-foot buffer that included the majority of the Westbury parcel. The map of all potential burrowing owl den sites and ground squirrel burrows with Kinsinger Environmental Consulting Page 1 Westbury Residential Project Comments openings greater than 3.5 inches diameter is in Rancho Cucamonga's file record for the parcel to the south of the Westbury Residential Project (KEC 2017). A burrowing owl was observed roosting on the Westbury Residential Project parcel during the January 2017 burrowing owl take -avoidance survey so site clearing was postponed. CDFW provided approval and guidance for monitoring burrowing owls while felling trees and rough grading on the adjacent site It is important for the IS/MND mitigation measures in the Westbury Residential Project to consider and plan to avoid possible impacts to burrowing owls from the other habitat assessment and protocol surveys that are planned on the site for Delhi sands flower -loving fly, Los Angeles pocket mouse and San Bernardino kangaroo rat. Focused surveys for burrowing owls should be conducted prior to focused trapping surveys for other species to avoid impacting the overwintering burrowing owl and/or any breeding season owls on site. The biological study for the Westbury Site should have included: "The presence of suitable burrows and/or burrow surrogates (>11 cm in diameter (height and width) and >150 cm in depth) (Johnson et al. 2010), regardless of a lack of any burrowing owl sign and/or burrow surrogates; and burrowing owls and/or their sign that have recently or historically (within the last 3 years) been identified on or adjacent to the site." (CDFW 2012) The site is a known occupied habitat for over -wintering burrowing owl within the last three years and has potential as breeding habitat as well. Therefore, the IS/MND should consider the significance of over -wintering habitat loss for the burrowing owl population and the potential to exceed mandatory findings of significance threshold criteria by activities that could: • Cause a fish or wildlife population to drop below self-sustaining levels; • Threaten to eliminate a plant or animal community; • substantially reduce the number or restrict the range of an endangered, rare or threatened species. Loss of over -wintering habitat and potential breeding habitat needs to be evaluated in conjunction with an assessment of the status of the regional burrowing owl population within the cumulative effects analysis for the project. Given the potential unmitigated and significant impacts, it would be important to confer with the CDFW soon for guidance to avoid delays due to seasonal timing for surveys and legally secure approved mitigation for habitat loss. I urge that in the interim you please delay certification of the IS/MND. Sincerely, /� tp�-�-• Z1Rtwi� '�Sdt!/ Debbie Kinsinger Owner/Principal Scientist Kinsinger Environmental Consulting Kinsinger Environmental Consulting KE-20190605-TM Page 2 2110 Bay Street EIR Comments (KEC 2017) Kinsinger Environmental Consulting 2017. Burrowing Owl Clearance Status for Foothill and East LLC parcel Kinsinger Environmental Consulting Page 3 Westbury D RC2018-00770 June 24.2020 Project Background • Who: Stratham Homes • What: 131 residential unit Mixed -Use project Where: West side of East Avenue - 500 feet north of Foothill Boulevard Project Site Breakdown The 11.44 acre triangular shaped project site is made up of the following: • 3.76 acres unencumbered by easements • 1.98 acres within a Southern California Gas Company easement to be used for project parking • 5.7 acres within a Southern California Edison easement to be left undeveloped a g l77 is VenMo`D .e - ■� ` {M r �y t' ,e! AWOL A p rkmg Lo< 2 # t q< o 4 � A r � r4�r CITY OF RANCHO CUCAMONGA .r r'rr Utility Corridor Open Space Vacant Community Commercial (CC) District; Foothill Mixed -Use Boulevard Overlay District Subarea 4 Utility Corridor Utility Corridor Low Medium (LM) Residential District Vacant Land Mixed -Use Mixed -Use (MU) District Single -Family City of Fontana City of Fontana Residences Utility ace Infrastructure Open S Utility Corridor p p Commercial Office (CO) District Looking Southwest Proposed Overview • Proposed Mixed -Use Development that includes: • 131 residential units (73 one -bedroom and 58 two -bedroom units); • 4 commercial ready units (305 square feet each), that are attached to one -bedroom residential units; • A 1,500-square foot commercial space. Project Overview (continued) • Project Density: 22 DU Per Acre (3.78 Acres); • Market Rate Rental Community; • Combination of 3-story flats and carriage units; • One and two bedroom units ranging in size from 676 to 1,174 square feet; • Recreational amenities include pool/spa, BBQ facilities, clubhouse; fitness room, open spaces areas and multiple sports courts. Development Code Amendment • Amends Chapters 17.36 and 17.38 of the Development Code related to the change in zoning of the project site from Community Commercial to Mixed - Use; • Modifies Development Code Section 17.36.020 (Development standards for mixed -use zoning districts) to eliminate text, figures, and tables related to defining the location and mix of uses within each mixed -use area within the City; • Modifies Development Code Figure 17.38.060-1 (Foothill Boulevard Subareas) and Figure 17.38.060-15 (Subarea 4 Map) to reflect the proposed zone change; • The proposed changes will bring the Development Code into alignment with the General Plan and will provide more flexibility in the development of mixed -use zoning areas. Related Entitlements • Zoning Map Amendment zoning designation from Mixed -Use (MU); (DRC2018-00992) - Changes Community Commercial (CC) the to • Tentative Tract Map (SUBTT20148) - Subdivides the project site for condominium purposes; • Tree Removal Permit (DRC2019-00867)- For the removal of 32 of the 33 onsite trees; • Uniform Sign Program (DRC2019-00959) - Onsite signage for residential and commercial components of project. wxMtAlklllgNllm flNl&IIM� , pFp lufN�W� IwMTKI'w'al �T�., fM11M116EUIM.511F 1%FGY 95 I. Mnnnln mlv Mvfn.MRwfll �•, re1HIWGV NV. �.:PIMAVI _. _ •��sr Wewur iu i er MtMAMPIAWPALMI w41. ARM �r� en re.era �u Y J 91R10Yf1 WfW eReA —aRv rvn[d .n�imn n[�viuu�w 'rw i\A4 N(1� __ I �-1 _ !. USED TREE WELL ENLARGEMENT ,.' \I R4L FOUNTAIN ENLARGEMENT RAISED PLANTER ENLARGEMENT Architectural Design • Contemporary architectural design theme that includes the use of horizontal cement board siding, brick veneer, and stucco along with cable railings and metal sunshades; • Common entrances that include brick veneer archways; • Building materials are carried to all elevations (360-degree architecture); • Private patios ranging in size from 54 to 100 square feet. s.,; �r CITY OF RANCHO CUCAMONGA r�- �a CITY OF RANCHO CUCAMONGA L4N1 CM I r' 4 r� CITY OF RANCHO CUCAMONGA 4 VIA , owpll� CITY OF RANCHO CUCAMONGA Minimum/Max Requirement Pro osed Com liant? Building Setback (East Avenue) - • Building Setback Side Property Line Height Limit Landscape Coverage ' - - • ' - Open Space Per Unit • - • . Density • - • - *Mixed -Use Projects are Permitted an Up To 75 Percent Reduction ���r CITY OF RANCHO CUCAMONGA Multi -family units (one bedroom) . • Multi -family units (two bedrooms) • • Visitor parking (multi -family) Commercial/Office • - Commercial Ready • - • Total Parking Spaces Required Total Parking Spaces Provided Total Parking Spaces on Easement Total Garage Parking Spaces Provided/Required Parking Surplus �� CITY OF RANCHO CUCAMONGA Design Review Committee The project was reviewed by the Design Review Committee (Guglielmo, Williams, and Smith) on February 4, 2020. The Commissioners raised the following questions related to the project: • Whether a vehicle left turn lane will be included into the project and whether the on -street parking was parallel or perpendicular to the curb face; The street parking spaces will be parallel to the sidewalk. • Whether a bike lane is proposed along the west side of East Avenue; The applicant has provided an illustration that is included in the attached set of plans showing the East Avenue street alignment with a bicycle lane and center median left -turn lane into the project. • Whether the project provided a tot lot; The project does not include a tot lot but is within 1/3-mile walking distance of two public parks. • Whether there will be trail access to Garcia Park, which is adjacent to the project site. There is a planned community trail adjacent to the project site, though the project will not be required to install these improvements as trail is not on the project site. I CITY OF RANCHO CUCAMONGA r� ✓ s I ■ Venn D .' f'"J M ep F ;`JAL A Parking n d _ ans ® !1 t CITY OF RANCHO CUCAMONGA r� Public Art • The project will be required to provide public art with a minimum value of $97,750 ($750 per unit X 131 units + $1 per square foot x 1,500 square feet) or pay an in -lieu fee into the City's public art trust fund, equal to the minimum value of the artwork that would other be included in the development project. Neighborhood Meeting • The applicant originally scheduled a neighborhood meeting for March 261 2020. The meeting was canceled due to the COVID- 19 pandemic. • A second public notice letter was sent to all property owners within 660 feet of the project site requesting that any comments related to the project be forwarded to the project planner. To date, no comments have been received. Noticing • Notices were mailed to all property owners within 660 feet (83 property owners) and published in the Inland Valley Daily Bulletin on May 19, 2020. • To date, staff has received no inquiries regarding this project. Environmental • An Initial Study of the project was Solutions; prepared by potential environmental effects of the LSA and peer -reviewed by First Carbon • Based on the findings contained in that Initial Study, it was determined that, with the imposition of mitigation measures, there would be no substantial evidence that the project would have a significant effect on the environment; • A Mitigation Monitoring Program has also been prepared to ensure implementation of, and compliance with, the mitigation measures for the project. Environmental Continued • During the public comment period for the Initial Study, staff received comments from the California Department of Fish and Wildlife (CDFW) requesting changes in the timing and protocol for the preconstruction surveys for various species including the burrowing owl; • The applicant's environmental consultant has updated the IS and Mitigation Monitoring Plan with the updated language provided by CDFW. The updated environmental documents are in the package before the Commission; • In accordance with CEQA Guidelines Section 15074.1, staff has determined that the updated mitigation measures will be equal or more effective in mitigating the project related biological impacts than the original mitigation measures. Public Comments • Staff has received a letter dated June 24, 2020 (Debra Kinsinger), raising concerns related to the biological study and mitigation measures provided by the applicant's consultant (LSA). The letter states that when she performed a biological survey for the parcel to the south in 2017, she observed burrowing owls on the project site. She requests that the Commission require that the applicant confer with CDFW prior to certification of the Initial Study; • The applicant's environmental consultant (LSA) has provided a letter responding to the comments received from Ms. Kinsinger, which states that the updated mitigation measures provided by CDFW included in the IS and MMP address the concerns raised related to the potential loss of burrowing owl habitat. Staff Recommendation Staff recommends the Planning Commission take the following action: • Approve Tentative Tract Map SUBTT20148, Design Review DRC2018-00770, Tree Removal Permit DRC2019-00867, and Uniform Sign Program DRC2019-00959 through the adoption of the attached Resolution of Approval with Conditions. • Recommend City Council approval of Development Code Amendment DRC2018-00992 and Zoning Map Amendment DRC2018-00994 through the adoption of the attached Resolutions of Approval with Conditions.