INITIAL STUDY. for the. Rio Rancho Towne Center Project. Prepared for: The City of Pomona 505 S. Garey Avenue Pomona, CA

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2 INITIAL STUDY for the Prepared for: The City of Pomona 505 S. Garey Avenue Pomona, CA Prepared by: Applied Planning, Inc Pine Avenue, Suite A Chino Hills, CA May 2012

3 Table of Contents Section Page 1.0 Introduction Document Purpose and Scope Disposition of this Document Document Organization Potential Environmental Effects Project Description Overview Project Location Existing Land Uses Project Objectives Project Elements Discretionary Approvals and Permits Project Title Lead Agency Name and Address Project Sponsor=s Contact Person and Phone Number Project Location General Plan and Zoning Designations Explanation of Checklist Categories Initial Study Checklist and Substantiation Determination

4 List of Figures Figure Page Project Location Existing Land Uses Existing Setting Photos Site Plan Concept Project Access and Circulation Modifications and Improvements

5 List of Tables Table Page Proposed Land Uses

6 1.0 INTRODUCTION

7 1.0 INTRODUCTION 1.1 DOCUMENT PURPOSE AND SCOPE This Initial Study (IS) addresses potential environmental impacts associated with construction and operation of the proposed Rio Rancho Towne Center (Project). In summary, the Project will realize 419,190 square feet 1 of new retail/commercial uses within the approximately acre subject site. This IS was prepared pursuant to Section of the California Environmental Quality Act (CEQA) Guidelines. Although this IS was prepared with consultant support, all analysis, conclusions, findings and determinations presented in the IS fully represent the independent judgment and position of the City of Pomona, acting as Lead Agency under CEQA. In accordance with the provisions of CEQA and the State and local CEQA Guidelines, as the Lead Agency, the City of Pomona is solely responsible for approval of the Project. As part of the decision-making process, the City is required to review and consider the Project=s potential environmental effects. This Initial Study is an informational document, providing the City of Pomona decision-makers, other public agencies, and the public with an objective assessment of the potential environmental impacts that could result from the Project. 1 Includes approximately 28,111 square feet of Outdoor Sales Area (OSA). Introduction Initial Study Page 1-1

8 1.2 DISPOSITION OF THIS DOCUMENT This Initial Study has been prepared to determine the appropriate scope and focus of environmental analysis for the Project. Based on the findings and conclusions of this IS, potential environmental impacts of the Project will be evaluated within an Environmental Report (EIR). The Initial Study (IS) and accompanying Notice of Preparation (NOP) for the EIR will be available for review for a total of 30 days, and can be reviewed at: City of Pomona 505 S. Garey Avenue Pomona, CA Contact Person: Brad Johnson, Planning Manager The public is encouraged to contact the City of Pomona for information regarding the Project and related CEQA processes. 1.3 DOCUMENT ORGANIZATION This IS includes the following sections: Introduction: This Section (1.0) describes the CEQA context and IS format for the Project, and provides a summary of the findings of the IS. Project Description: This Section (2.0) describes the Project and its objectives. : This Section (3.0) provides background information regarding the Project and Lead Agency, and presents responses to each question on the CEQA Initial Study Checklist regarding the possible environmental impacts of the Project. Answers provided in the checklist are substantiated qualitatively in all instances, and quantitatively where feasible and appropriate. Introduction Initial Study Page 1-2

9 Determination: This Section (4.0) summarizes the results of the Initial Study, and presents the determination regarding the appropriate environmental document for the Project. Source information cited within this Initial Study is available through, or by contacting, the City of Pomona Planning Department. 1.4 POTENTIAL ENVIRONMENTAL EFFECTS The analysis presented in this IS indicates that the Project may result in or cause potentially significant effects related to: $ Air Quality, including potential Greenhouse Gas (GHG) Emissions and Global Climate Change (GCC) impacts; $ Hazards/Hazardous Materials; $ Hydrology/Water Quality; $ Land Use (including consideration of potential economic impacts that could result in physical land use impacts, e.g., blight); $ Noise; $ Public Services (Fire and Police); and $ Transportation and Circulation. Consistent with the conclusion and findings of this IS, an Environmental Report (EIR) will be prepared for the Project. At a minimum, the EIR will evaluate the Project=s potential environmental impacts under the topical areas identified above. Additional issues or concerns that may be raised pursuant to the EIR NOP process and/or scoping meeting(s) conducted for the Project will also be evaluated and addressed in the EIR. Introduction Initial Study Page 1-3

10 2.0 PROJECT DESCRIPTION

11 2.0 PROJECT DESCRIPTION 2.1 OVERVIEW The proposed (the Project), including all facilities proposed within the Project site, on- and off-site supporting improvements, and associated discretionary actions, is the Project considered in this EIR. In summary, the Project will realize approximately 395,140 square feet 1 of new retail/commercial uses within the approximately acre subject site. 2.2 PROJECT LOCATION The Project is located within the southwesterly portion of the City of Pomona, in Los Angeles County. State Route 71 (SR-71) borders the Project site to the southwest; Lexington Avenue comprises the site s northerly boundary; Rio Rancho Road bounds the site to the south/southeast; and South Park Avenue parallels the site s easterly boundary. South White Avenue/Auto Center Drive traverses the Project area along a generally north-to- southeast orientation. Please refer to Figure 2.2-1, Project Location. 1 Includes approximately 28,111 square feet of Garden/Nursery Outdoor Sales Area (OSA). Project Description Initial Study Page 2-1

12 Claremont SAN BERNARDINO Ontario Pomona LOS ANGELES Chino RIVERSIDE SANTA ANA South Park Avenue White Avenue Lexington Avenue at St e e ut Ro PROJECT SITE 71 nc o Ri ho a Ro d Ra NOT TO SCALE Source: Applied Planning, Inc. Figure Project Location

13 2.3 EXISTING LAND USES The Project site is essentially level and is partially occupied with vacant commercial structures. In this latter regard, an estimated 103,000 square feet of vacant single-story commercial structures (former auto dealership/showroom/service facilities) currently exist within the southerly portion of the Project site (please refer to the following figures and 2.3-2). These structures, on-site supporting parking areas and other supporting facilities will be demolished during site preparation activities. The remainder of the Project site is vacant and undeveloped. To the north of the Project site, across Lexington Avenue, properties are developed with single-family residential uses. Lexington Elementary School and the adjoining Martin Luther King Junior Memorial Park are located northeasterly adjacent to the Project site, at the southwesterly corner of Lexington Avenue at South Park Avenue. Garey High School is located at the northeasterly corner of Lexington Avenue at South Park Avenue. Easterly of the Project site and southeasterly of the intersection of South Park Avenue at Lexington Avenue, properties are developed with residential uses. To the south/southwest of these residential uses, and opposite the Project site across Rio Rancho Road, properties are developed primarily with auto dealership and auto service-related uses. Abutting the Project site s southeasterly corner, and northwesterly of the intersection of Rio Rancho Road at South Park Avenue, properties are developed with auto service uses. Views of the Project site from residential uses north of Lexington Avenue are limited by an existing landscape screen, as seen in Figure 2.3-2, Existing Setting Photos. From the adjacent park and elementary school, a chain link fence defines the current site boundary without screening the site from view. Along SR-71, site definition is provided by chain link fencing and an existing row of mature palm trees paralleling the freeway s easterly right-of-way from the Rio Rancho Road interchange to the site s northerly boundary. Project Description Initial Study Page 2-3

14 White Avenue Single Family Residential Single Family Residential Lexington Elementary School South Park Avenue M.L. King, Jr. Memorial Park Vacant Land Vacant Land Vacant Commercial Uses e at St e ut Ro 71 Single Family Residential Au to Ce nt er Vacant Commercial Uses o Ri o n Ra ch Vacant Commercial Auto Service Uses Uses Garey High School Lexington Avenue Single and MultipleFamily Residential Dr ive d a Ro Auto Dealership/ Service Uses Single Family Residential NOT TO SCALE Source: Google Earth, Applied Planning, Inc. Figure Existing Land Uses

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16 2.4 PROJECT OBJECTIVES The primary goal of the Project is the development of the subject site with a productive mix of commercial/retail uses. Complementary objectives of the Project include the following: $ To provide a retail development that meets the current unmet demand for goods and services from consumers residing in the Project trade area. The Project will also serve anticipated demands of a projected growing consumer base. $ To provide a commercial retail shopping center that serves the local market area and beyond. $ To attract new customers and retailers to the City of Pomona. $ To provide goods and services at a local site, thereby reducing the number and length of trips currently being made to shop for these same goods and services within other neighboring areas. $ To transition the Project site from its current unimproved/vacant state to a commercial development, with resulting new fiscal benefits to the City of Pomona. Benefits will include new sales tax revenues and increased property tax revenues. $ To provide a commercial development that creates new jobs for City residents. Project Description Initial Study Page 2-6

17 2.5 PROJECT ELEMENTS Demolition and Site Preparation The Project site currently accommodates approximately 103,000 square feet of vacant single-story vacant auto center-related commercial buildings. These structures and associated surface improvements, (e.g., parking areas, landscaping, sidewalks) will be demolished as part of the Project site preparation activities. Demolished asphaltic and concrete surfaces will be pulverized and stockpiled for subsequent use in Project construction activities. All other construction debris will be recycled or disposed of consistent with City requirements. Subsequent to demolition activities, the Project area will be grubbed, rough-graded, and fine graded in preparation of building construction. It is estimated that demolition and site preparation activities will be completed within thirty (30) days of their commencement Development Concept A summary of retail/commercial use proposed by the Project is presented at Table Configuration and orientation of uses within the Project site are illustrated at Figure 2.5-1, ASite Plan Concept.@ Within Table and Figure 2.5-1, uses and supporting facilities are apportioned within East and West Project areas, generally demarcated by White Avenue/Auto Center Drive. It is noted here that the location and sizes of proposed uses within the Project site are approximate, but considered accurate for planning and environmental evaluation purposes. Ultimate configuration and orientation of the uses proposed by the Project are subject to City review and approval. Project Description Initial Study Page 2-7

18 Table Rio Rancho Towne Center Proposed Land Uses-Square Feet of Gross Leasable Area (GLA) Site Plan Designation Use(s) Max. Building Area (s.f.) East Project Area Major A Retail 139,500 Major B Retail 22,000 Shops 1 Retail/Food Uses 7,500 Shops 2 Retail/Food Uses 5,200 Retail 1 Retail 10,000 Pad A Fast Food 3,250 Pad B Fast Food 3,250 Subtotal East Project Area N/A 190,700 West Project Area Major C* Retail 136,090* Health Club Health Club 41,600 Shops 3 ** Retail/Food Uses 8,500 Shops 4** Retail/Food Uses 6,500 Shop 5 Retail 6,100 Retail 2 Retail 14,000 Retail 3 Retail 10,000 Pad C Restaurant 5,700 Subtotal West Project Area N/A 228,490 TOTAL PROJECT N/A 419,190 Source: Site Plan Concept (Lewis Retail Centers, Nadel Studio One, Inc.) April Notes: * Includes 28,111 s.f. Outdoor Sales Area (OSA). **For planning purposes, floor areas within Shops 1, 2, 3, and 4 are assumed to be equally allocated between retail and food uses. Project Description Initial Study Page 2-8

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20 2.5.3 Access and Circulation Certain realignment and modification of existing rights-of-way and easements, construction of new driveways, and installation of traffic controls are proposed in order to provide appropriate access and circulation for the Project (please refer to Figure 2.5-2). More specifically, the existing intersection of White Avenue at Auto Center Drive within the Project site will be modified to facilitate access through and within the Project area. The realigned street will be reconfigured as contiguous White Avenue within the Project area; and the existing cul-de-sac terminus of Auto Center Drive (the approximately 500-foot segment of Auto Center Drive located westerly of White Avenue) will be vacated. Additionally, the Project area extends onto an approximately 100 foot by 700 foot (approximately 1.6 acre) parcel owned by the Metropolitan Water District (MWD), located southerly of Auto Center Drive. Purchase of this property or other agreement with MWD is required to allow for proposed development of this parcel as part of the Project. Primary access to the Project site will be provided a new 4-way signalized driveway onto White Avenue, central to the proposed development. Driveways from this new signalized intersection will provide access to the Project in total, and will act to connect the westerly and easterly portions of the Project site. The Project also proposes three (3) STOP-controlled driveways onto West Lexington Avenue; two (2) STOP-controlled driveways along White Avenue, one (1) each located northerly and southerly of the proposed new signalized intersection; and two (2) STOP-controlled driveways onto Rio Rancho Road in the southerly portion of the site. Within the Project site, primary driveways will connect externally to the proposed new signalized intersection, and internally to drive aisles and parking pools. Final designs and specifications for driveways, traffic controls, and internal circulation improvements will be incorporated into the Project, consistent with the requirements of the City s Transportation Engineering Division. Project Description Initial Study Page 2-10

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22 2.5.4 Parking A total of approximately 1,757 parking spaces are proposed within the Project site; of which approximately 967 parking spaces would be located in the westerly Project area, and approximately 760 parking spaces would be in the easterly Project area. Unless otherwise noted herein, or otherwise specified by the City, all parking areas, to include parking stalls, drive aisles, parking lot landscaping, hardscaping, and covered parking will be designed and constructed pursuant to City requirements as outlined at City of Pomona Zoning Ordinance Other Site Improvements and Amenities Supporting site improvements to be implemented by the Project include but are not limited to: employee and patron parking areas; perimeter block walls and security fencing; landscaping/hardscape improvements; decorative and security lighting; and directional and informational signage Infrastructure, Utilities, and Public Services All public services, infrastructure systems, and utilities are currently available to the Project site. No major new infrastructure or utilities improvements are proposed by the Project, nor are any required. The Project will implement necessary utilities improvements to include connections to existing services, and/or necessary realignment or modification of existing service lines. All connections to, and modification of, utilities necessary to serve the Project will be accomplished consistent with City and purveyor requirements. Public services and utilities/infrastructure available to the Project are summarized in the following paragraphs, and discussed in greater detail at Initial Study Section 3, Environmental Analysis, under Checklist Item XIV, Public Services, and XVII, Utilities and Service Systems. Project Description Initial Study Page 2-12

23 Public Services The following public services are available to the Project: Fire Protection Services (Los Angeles County Fire Department); Police Protection Services (City of Pomona Police Department); and Schools (Pomona Unified School District) Utilities/Infrastructure The following utilities/infrastructure systems and services are available to the Project: Water/Sewer (City of Pomona Water & Wastewater Operations Division); Storm Drain/Storm Water Management (City of Pomona Public Works Department); Electricity (Southern California Edison); Natural Gas (The Gas Company); Telephone/Communications (Verizon, or other contract services); and Cable Television (Media One, or other contract services). 2.6 DISCRETIONARY APPROVALS AND PERMITS The City is requested to consider several discretionary actions for approval of the Project, including the following. CEQA Compliance/EIR Certification. The City must certify the EIR prior to or concurrent with approval of the Project. Approval of a Tentative Parcel Map. The Project proposes a commercial parcel map that would consolidate and reconfigure existing lots and allow for the realignment and vacation of certain existing public rights-of-ways. Approval of Conditional Use Permit(s) for certain of the Project uses as provided under Municipal Code Section.580. Conditional Use Permits. Project Description Initial Study Page 2-13

24 Various City of Pomona construction, grading, and encroachment permits are required to allow implementation of the Project facilities Other Permits and Approvals CEQA Section also provides that requirements or potential requirements for Other Permits and Approvals should, to the extent known, be identified. Based on the current Project design concept, other permits necessary to realize the proposal will likely include, but are not limited to, the following. Stormwater management and associated permitting will be required consistent with the provisions of City Of Pomona Municipal Code Article X. Stormwater Management. Permitting may be required by/through the South Coast Air Quality Management District (SCAQMD) for certain of the Project operations and its associated equipment, particularly regarding proposed food/restaurant establishments. Project Description Initial Study Page 2-14

25 3.0 ENVIRONMENTAL EVALUATION

26 3.0 ENVIRONMENTAL EVALUATION 3.1 PROJECT TITLE 3.2 LEAD AGENCY NAME AND ADDRESS City of Pomona 505 S. Garey Avenue Pomona, CA PROJECT APPLICANT Lewis Retail Centers 1156 N. Mountain Avenue Post Office Box 670 Upland, CA Contact Person: Mr. Timothy Reeves, telephone (909) PROJECT LOCATION The Project is located within the southwesterly portion of the City of Pomona, in Los Angeles County. State Route 71 (SR-71) borders the Project site to the southwest; Lexington Avenue comprises the site s northerly boundary; Rio Rancho Road bounds the site to the south/southeast; and South Park Avenue parallels the site s easterly boundary. South White Avenue/Auto Center Drive traverses the Project area along a generally north-to-southeast orientation. Please refer also to IS Section 2.0, Project Description, Figure 2.2-1, Project Location. Initial Study Page 3-1

27 3.5 GENERAL PLAN AND ZONING DESIGNATIONS The City of Pomona General Plan Land Use designation of the Project site is General Commercial. Zoning for the site is Highway Commercial (C-4). Uses proposed by the Project are permitted or conditionally permitted under the site s current General Plan Land Use and Zoning designations. No change in land use designation is proposed, nor required. 3.6 EXPLANATION OF CHECKLIST CATEGORIES CEQA suggests format and content for environmental analyses, including topical checklists to assist in evaluation of a project s potential environmental effects. The Checklist presented in this Section follows the Checklist format and presentation of information identified in the CEQA Guidelines, Appendix G EXPLANATION OF CHECKLIST CATEGORIES Potential environmental effects of the Project are classified and described within the Checklist under the following general headings: No applies where the impact simply does not apply to projects like the one involved. For example, if the project site is not located in a fault rupture zone, then the item asking whether the project would result in or expose people to potential impacts involving fault rupture should be marked as No. Less-Than- applies where the impact would occur, but the magnitude of the impact is considered insignificant or negligible. For example, a development which would only slightly increase the amount of surface water runoff generated at a project site would be considered to have a less-than-significant impact on surface water runoff. Unless Mitigation Incorporated applies where the incorporation of mitigation measures has reduced an effect from to a Less-Than-. Incorporated mitigation measures should Initial Study Page 3-2

28 be outlined within the checklist and a discussion should be provided which explains how the measures reduce the impact to a less-than-significant level. This designation is appropriate for a Mitigated Negative Declaration, where all potentially significant issues have been analyzed and mitigation measures have been recommended that reduces all impacts to levels that are less-than-significant. applies where the project has the potential to cause a significant and unmitigable environmental impact. If there are one or more items marked as, an EIR is required. 3.7 INITIAL STUDY CHECKLIST AND SUBSTANTIATION Unless Mitigation Incorporated Less-Than- No I. AESTHETICS. Would the proposal: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to trees, rocks, outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare, which would adversely affect the day or nighttime views in the area? Initial Study Page 3-3

29 Substantiation: a, b) Less-Than-. The Project site is located in an established commercial corridor and does not propose elements that would affect scenic vistas or scenic resources within a designated scenic highway. The only scenic highway in the Project vicinity, as designated by the California Department of Transportation (Caltrans), is State Route 57, which is located approximately three (3) miles westerly of the Project site. No historic buildings are currently found on or adjacent to the Project site. Former auto center buildings onsite are of relatively recent and nondescript construction. Based on the preceding discussion, the Project s potential to result in impacts on scenic vistas or scenic resources, including historic buildings, is considered less-than-significant. c) Less-Than-. Those portions of the Project site located generally southwest of the intersection of White Avenue and Lexington Avenue site are currently undeveloped. Vacant commercial buildings (former auto center uses) and associated paved areas and improvements exist in the southerly Project area adjacent to SR-71, easterly adjacent to White Avenue/Auto Center Drive, and northerly of Rio Rancho Road (please refer to the Initial Study Section 2.0, Project Description, Figure 2.3-1, Existing Land Uses). Vacant buildings and associated supporting improvements within the Project site will be demolished to accommodate the Project. Transition of the site from its current state, characterized by vacant buildings and undeveloped land, to the commercial/retail uses proposed under the Project would tend to improve the visual character and quality of the site by removing vacant structures and improving undeveloped areas with contemporary commercial structures and landscaping. At a minimum, the Project s building and landscape design will conform to the City s General Plan Community Design Element goals and policies. The Project will further comply with any enhanced design and Initial Study Page 3-4

30 architectural solutions that may be specified by City staff and incorporated as Project Conditions of Approval (COA). Based on the preceding discussion, the potential for the Project to substantially degrade the existing visual character and quality of the site and its surroundings is considered less-than-significant. d) Less-Than-. The Project will create new sources of lighting, which may include building-mounted, wall-mounted, and pole-mounted fixtures to properly illuminate Project entrances, walkways, and parking areas. The Project will also provide interior lighting and sign illumination. All Project lighting will comply with City requirements to illuminate the site without causing undue light or glare, or compromising views. The Project vicinity is currently developed with urban uses. New Project lighting will not substantially change the overall lighting level in the area. Compliance with City standards will ensure that any potential light and glare impacts remain at a less-than-significant level. Sources: Scenic Highway Mapping System, California Department of Transportation, ( retrieved March 2012); Pomona General Plan, 1976; (preliminary) City of Pomona General Plan Update, Draft Environmental Report (EIP Associates) March 2007; Rio Rancho Towne Center Project Development Concept (Lewis Retail Centers) April Initial Study Page 3-5

31 Unless Mitigation Incorporated Less-Than- No II. AGRICULTURE AND FOREST RESOURCES - In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the Project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to nonagricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? Initial Study Page 3-6

32 Unless Mitigation Incorporated Less-Than- No d) Result in the loss of forest land or conversion of forest land to non-forest use? e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use? Substantiation: a, c) No. There are no agricultural uses within the City of Pomona. The Project site is not designated as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. Nor is the Project site or any other City properties zoned for forest lands, timberlands, or timberland production. The site currently accommodates abandoned commercial facilities (a former auto dealership) and a disturbed vacant lot. The Project will have no effect on farmlands, forest lands or timberlands. b) No. The Project site is currently designated for General Commercial land uses. No Williamson Act contracts are in place for the subject site. The Project will therefore not conflict with any existing agricultural zoning designations, nor affect any existing Williamson Act contract(s). d) No. No forest land is located on the Project site or in the vicinity. The Project will have no effect on forest land. e) No. As discussed above there are no agricultural uses, forestlands or timberlands within the City of Pomona. The Project does not involve other changes Initial Study Page 3-7

33 to the environment which could result in the conversion of farm land or forest land to other uses. Sources: Pomona General Plan, 1976; (preliminary) City of Pomona General Plan Update, Draft Environmental Report (EIP Associates) March 2007; Rio Rancho Towne Center Project Development Concept (Lewis Retail Centers) April Unless Mitigation Incorporated Less-Than- No III. AIR QUALITY - Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions, which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? Initial Study Page 3-8

34 Substantiation: a). The Project is located within the South Coast Air Basin (Basin) under the jurisdiction of the South Coast Air Quality Management District (SCAQMD). The SCAQMD is locally responsible for administration and implementation of the Air Quality Management Plan (AQMP). Development of the Project could result in the production of additional criteria air pollutants which may interfere with, or obstruct, the SCAQMD s implementation of the AQMP. These potential impacts will be addressed in the EIR, and mitigation measures will be developed to address any potentially significant impacts. b-d). Construction activities associated with the Project implementation are temporary sources of fugitive dust and construction vehicle emissions. Additionally, implementation of the Project would result in land uses that will generate vehicular trips and associated vehicular-source air pollutant emissions. Ongoing occupation and use of Project facilities would also result in energy consumption, primarily associated with heating and air conditioning, which will also generate air pollutant emissions. Construction-source and operational-source emissions resulting from the Project may contribute to existing and projected exceedances of criteria pollutants within the basin. Air quality impacts of the Project, and mitigation measures addressing those impacts will be discussed in the EIR. The EIR will also evaluate potential impacts of increased air pollution levels on sensitive receptors, and propose mitigation measures, or alternatives to the Project, to reduce or avoid any potentially significant impacts. e). Temporary, short-term odor releases are potentially associated with Project construction activities. Potential sources of odors include but are not limited to: asphalt/paving materials, glues, paint, and other architectural coatings. Construction-related odor impacts are mitigated by established requirements for a material handling and procedure plan, which Initial Study Page 3-9

35 identifies odor sources, odor-generating materials and quantities permitted on site, and isolation/containment devices or mechanisms to prevent significant release of odors. Operations of the implemented commercial facilities are not anticipated to result in objectionable odors; however, these potential impacts will be addressed in the EIR, and mitigation measures will be developed to address any potentially significant impacts. Sources: Pomona General Plan, 1976; (preliminary) City of Pomona General Plan Update, Draft Environmental Report (EIP Associates) March 2007; Rio Rancho Towne Center Project Development Concept (Lewis Retail Centers) April Unless Mitigation Incorporated Less-Than- No IV. BIOLOGICAL RESOURCES. Would the Project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? Initial Study Page 3-10

36 Unless Mitigation Incorporated Less-Than- No d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Substantiation: a) Unless Mitigation Incorporated. The Project site is currently developed and/or disturbed by human activities, and has been substantially altered from its natural state. The site is devoid of any substantive natural habitat and in general has no significant biological resource value. Notwithstanding, the Project site and surrounding areas also serve as potential urban habitat for groundnesting birds, and the area in general is also considered to have a low potential for the presence of the burrowing owl. Nesting birds in general and the burrowing owl specifically, are federally protected under the Migratory Bird Treaty Act (MBTA). Additionally, the burrowing is owl is a protected California Species of Concern (CSC). Accordingly, mitigation measures are incorporated in the Project to ensure protection of nesting birds (generally) and the burrowing owl specifically. Please refer to Mitigation Measures BR-1 and BR-2. With incorporation of proposed mitigation, potential Initial Study Page 3-11

37 impacts to migratory birds and the burrowing owl are less-than-significant. The Project does not otherwise have the potential to cause or result in a substantial adverse effect on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service. BR-1 If possible, all vegetation removal activities shall be scheduled from August 1 to February 1, which is outside the general avian nesting season. This would ensure that no active nests would be disturbed and that removal could proceed rapidly. If vegetation is to be cleared during the nesting season (February 15 July 31), all suitable habitat will be thoroughly surveyed within 72 hours prior to clearing for the presence of nesting birds by a qualified Project biologist. The Project biologist shall be retained by the Applicant and vetted by the City. The survey results shall be submitted by the Project Applicant to the Planning Department. If any active nests are detected, the area shall be flagged and mapped on the construction plans along with a minimum 50-foot buffer and up to 300 feet for raptors, with the final buffer distance to be determined by the qualified biologist. The buffer area shall be avoided until the nesting cycle is complete or it is determined that the nest has failed. In addition, the biologist will be present on the site to monitor the vegetation removal to ensure that any nests, which were not detected during the initial survey, are not disturbed. BR-2 Within 30 days prior to site clearing activities, a pre-construction burrowing owl survey shall be conducted to document the presence/absence of any occupied owl burrows. Any owls present shall be passively or actively relocated following CDFG approved protocols, and with CDFG permission, prior to commencement of clearing. The survey shall be submitted to the Planning Department prior to issuance of a grading permit. b) Less-Than-. No riparian habitat or other sensitive natural community exists within the Project site or in the Project vicinity. Urbanization of the area has replaced native vegetation with non-native grasses, hedges, and trees. Any existing vegetation serves as habitat for local common species that will likely Initial Study Page 3-12

38 relocate subsequent to implementation of the Project. Implementation of the Project would not substantively affect any riparian habitat or other sensitive natural community. c) No. No federally-protected wetlands areas exist within the Project site or in surrounding areas. This environmental concern is thus not applicable to implementation of this proposal. The Project will have no impact on wetlands habitat. d) Less-Than-. The Project site is urbanized and is bordered by roadways and other urban development. As such, the potential for native wildlife species to use the Project site as a migratory corridor or nursery site is unlikely. The potential for direct or indirect impacts on wildlife dispersal or migration to result from Project implementation is therefore considered less-than-significant. e, f) Less-Than-. There are no protected tree species or other biologically significant resources on the Project site. Nor are there any local or area-wide preservation or conservation plans or policies applicable to the subject site. The Project s potential for impacts in regard to local policies or ordinances protecting biological resources; or any other conservation plans or policies is considered less-than-significant. Sources: Pomona General Plan, 1976; (preliminary) City of Pomona General Plan Update, Draft Environmental Report (EIP Associates) March 2007; Rio Rancho Towne Center Project Development Concept (Lewis Retail Centers) April Initial Study Page 3-13

39 Unless Mitigation Incorporated Less-Than- No V. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in ' ? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to ' ? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? Substantiation: a-c) Unless Mitigation Incorporated. There are no known historic structures, archaeological resources, or paleontological resources located within the Project site nor would the Project affect any offsite resources of historical, archaeological, or paleontological significance. Moreover, past and existing development of the site indicates that whatever resources may have been previously present, have likely since been disturbed and/or removed. Notwithstanding, historic, archaeological, or paleontological resources may persist onsite in a buried context, and could be disturbed during new development activities proposed by the Project. To ensure avoidance of adverse impacts to any cultural resources that may be encountered in the course of development activities, Mitigation Measures CR-1 and CR-2 (following) are incorporated in the Project. Initial Study Page 3-14

40 CR-1 To ensure avoidance of adverse impacts to potentially significant historic, archaeological and paleontological resources during grading and excavation activities, the Project site shall be monitored by a professional archaeological consultant meeting Secretary of Interior's Standards and Guidelines for Archaeological and Historic Preservation [Code of Federal Regulations, 36 CFR Part 61]. The monitor shall have the authority to halt any activities impacting potentially significant resources until a program for addressing the resource(s) is developed and implemented. CR-2 If significant Native American cultural resources are discovered for which a Treatment Plan must be prepared, the developer or archaeologist shall notify the City of Pomona and contact all appropriate Native American tribal representatives, as identified by the Native American Heritage Commission. If requested by the Tribe(s), the City, the developer, or the Project archaeologist shall, in good faith, consult on the discovery and its disposition (e.g., avoidance, preservation, return of artifacts to tribe, etc.). A report of findings shall also be prepared by a qualified archaeologist, and shall include an itemized inventory of any specimens recovered. The report and confirmation of curation of any recovered resources from an accredited museum repository shall signify completion of the program to mitigate impacts to archaeological/historic resources. If disturbed resources are required to be collected and preserved, the Applicant shall be required to participate financially up to the limits imposed by Public Resources Code Section With the incorporation of these mitigation measures, impacts to cultural resources are considered less-than-significant. d) Less-Than-. The likelihood of encountering human remains in the course of Project development is minimal. However, as required by California Health and Safety Code Section , should human remains be Initial Study Page 3-15

41 found, no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section The County Coroner must be notified of the find immediately. If the remains were found to be prehistoric, the coroner would coordinate with the California Native American Heritage Commission as required by State law. Based on compliance with these existing regulations, the Project s potential to disturb human remains is considered less-than-significant. Sources: Pomona General Plan, 1976; (preliminary) City of Pomona General Plan Update, Draft Environmental Report (EIP Associates) March 2007; California Department of Parks and Recreation, Office of Historic Preservation ( ceres.ca.gov/geo_area/counties/los_angeles/landmarks.html), accessed March 28, 2012; Development Concept (Lewis Retail Centers) April Unless Mitigation Incorporated Less-Than- No VI. GEOLOGY AND SOILS. Would the Project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic-related ground failure, including liquefaction? Initial Study Page 3-16

42 Unless Mitigation Incorporated Less-Than- No iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in onor off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? Substantiation: a. (i, ii, iii) Less-Than-. There are no known active or potentially active faults traversing the Project site. According to the EIR prepared for the General Plan Update Program, there are no Earthquake Fault Special Study Zones (former Alquist-Priolo Zones) within the City of Pomona. The Project site is located in a region known to be seismically active and strong seismic ground-shaking is anticipated during an earthquake. The potential sources of groundshaking that could impact the Project site include the following known active faults: the San Andreas, Indian Hill, Chino, Central Avenue, and San Jose faults. Each of these faults could generate an earthquake of a magnitude that could damage the improvements that are developed within the site. The Initial Study Page 3-17

43 probability of an earthquake affecting the area depends on the magnitude of the earthquake and the distance from the site to the epicenter. The California Building Code requires construction methods that minimize the effects of earthquake on structures. As part of the City s standard review and approval of development projects, any new development must provide a geotechnical study for review and approval by the City Engineer, and comply with the requirements of the approved geotechnical report, and applicable provisions of the Uniform Building Code (UBC) and California Building Code (CBC). Compliance with these requirements reduces potential strong seismic ground-shaking impacts to levels that are less-than-significant. Liquefaction and seismically-induced settlement or ground failure are generally associated with strong seismic shaking in areas where ground water tables are at relatively shallow depths (within 50 feet of the ground surface) and/or when the area is underlain by loose, cohesionless deposits. During a strong groundshaking event, saturated, cohesionless soils may acquire a degree of mobility to the extent that the overlying ground surface distorts. In extreme cases, saturated soils become suspended in groundwater and become fluid-like. According to the EIR prepared for the General Plan Update, portions of the Project site may be located within an area where liquefaction hazards are present. As noted previously, as part of the City s standard review and approval of development projects, any new development must provide a geotechnical study for review and approval by the City Engineer, and comply with the requirements of the approved geotechnical report and applicable provisions of the UBC and CBC. These requirements include, but are not limited to designand site-appropriate means to avoid or minimize any liquefaction or groundfailure concerns that may be encountered. Compliance with these requirements reduces potential seismic-related liquefaction/ground failure impacts to levels that are less-than-significant. Initial Study Page 3-18

44 Moreover, it is noted that the Project does not propose activities or uses that would cause or result in rupture of a known earthquake fault, strong seismic ground shaking, or seismic-related ground failure, including liquefaction. In this latter regard, CEQA importantly addresses potential impacts of the Project on the environment, not impacts of the environment on the Project. a.iv) No. The Project site is an essentially level property and as such is not internally susceptible to landslide. Adjacent properties also present little topographic relief. As such, the potential for landslides or mudflows does not exist in the Project vicinity. b) Less-Than-. Construction activities associated with the proposed Project will temporarily expose underlying soils, thereby increasing their susceptibility to erosion until the Project is fully implemented. Potential erosion impacts incurred during construction activities are mitigated below the level of significance through the Project s mandated compliance with a City-approved Storm Water Pollution Prevention Plan (SWPPP). The proposal involves construction of conventional commercial/retail facilities and supporting site improvements within an essentially level area of the City. The Project does not propose to significantly alter existing topography. Based on the preceding, potential impacts associated with erosion or changes in topography are considered less-than-significant. c, d) Less-Than--. The Project site and vicinity properties are not characterized by known expansive soils. Notwithstanding, as with other potential geologic/soils issues, the Project will comply with applicable requirements of the Project geotechnical study, and applicable provisions of the UBC and CBC, to include design- and site-appropriate means to avoid or minimize any expansive soils concerns that may be encountered. Compliance Initial Study Page 3-19