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
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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
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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.
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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.
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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
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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
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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.
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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
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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.