SCH 2014051005 SEPTEMBER 2014 VOLUME 1 Commerce Park CITY OF FONTANA Citrus Commerce Park Draft Environmental Impact Report Project Applicant: Alere Property Group LLC 100 Bayview Circle, Suite 310 Newport Beach, CA 92507 Prepared By: 1500 Iowa Avenue, Suite 110 Riverside, CA 92507 951-787-9222 www.migcom.com
Introduction 1 Executive Summary 2 Project Description 3 Environmental Impact Analysis 4 Alternatives 5 Analysis of Long Term Effects 6 Effects Found Not to be Significant 7 Preparation Team 8 Organizations and Persons Consulted 9
1 Introduction 2 Executive Summary 3 Project Description 4 Environmental Impact Analysis 5 Alternatives 6 Analysis of Long Term Effects 7 Effects Found Not to be Significant 8 Preparation Team
CEQA and the Purpose of an EIR 1.1 The City of Fontana (Lead Agency) received applications for a General Plan Amendment, Specific Plan Amendment, Zone Change, Design Review, Development Agreement, and Tentative Parcel Map from Alere Property Group, LLC (Project Proponent) for the development of three warehouse/distribution centers located south of Santa Ana Avenue, east of Citrus Avenue, north of Jurupa Avenue, and west of Oleander Avenue, combined with City-initiated applications to include the southwest corner of Oleander Avenue and Santa Ana Avenue with the abovementioned General Plan Amendment, Specific Plan Amendment, and Zone Change as well as programmatic environmental review for a potential City park located south of Santa Ana Avenue between Oleander Avenue and west of Cypress Avenue in the City of Fontana. Together, the requested discretionary actions constitute a project that is subject to review under the California Environmental Quality Act (CEQA) (California Public Resources Code, Division 13, Section 21000, et seq.), the State CEQA Guidelines (Title 14 of the California Code of Regulations, Division 6, Chapter 3, Section 15000, et seq.). The Lead Agency prepared an Initial Study pursuant to the requirements of the CEQA Statutes and determined that the proposed project requires an Environmental Impact Report (EIR). An EIR is a public document designed to provide decision makers and the public with an analysis of the environmental effects of a proposed project, to indicate possible ways to reduce or avoid environmental damage, and to identify alternatives to a project. This EIR has been prepared to assess the short-term, long-term, and cumulative environmental impacts that could result from the proposed project as described herein. Furthermore, this EIR has been prepared in accordance with the CEQA Statutes and was prepared by professional planning consultants under contract to the City of Fontana, as the Lead Agency for the preparation of this EIR, as defined by CEQA (Public Resources Code, Section 21067, as amended). The content of this document reflects the independent judgment of the City of Fontana. The controlling law is CEQA, which was originally enacted in 1970 and has been amended a number of times since then. The legislative intent of these regulations is established in Section 21000 of the California Public Resources Code: The Legislature finds and declares as follows: a) The maintenance of a quality environment for the people of this state now and in the future is a matter of statewide concern. b) It is necessary to provide a high-quality environment that at all times is healthful and pleasing to the senses and intellect of man. c) There is a need to understand the relationship between the maintenance of high-quality ecological systems and the general welfare of the people of the state, including their enjoyment of the natural resources of the state. Citrus Commerce Park 1.0-1
Environmental Impact Report d) The capacity of the environment is limited, and it is the intent of the Legislature that the government of the state take immediate steps to identify any critical thresholds for the health and safety of the people of the state and take all coordinated actions necessary to prevent such thresholds being reached. e) Every citizen has a responsibility to contribute to the preservation and enhancement of the environment. f) The interrelationship of policies and practices in the management of natural resources and waste disposal requires systematic and concerted efforts by public and private interests to enhance environmental quality and to control environmental pollution. g) It is the intent of the Legislature that all agencies of the state government which regulate activities of private individuals, corporations, and public agencies which are found to affect the quality of the environment, shall regulate such activities so that major consideration is given to preventing environmental damage, while providing a decent home and satisfying living environment for every Californian. Furthermore, Section 21001 states that the Legislature further finds and declares that it is the policy of the State to: a) Develop and maintain a high-quality environment now and in the future, and take all action necessary to protect, rehabilitate, and enhance the environmental quality of the state. b) Take all action necessary to provide the people of this state with clean air and water, enjoyment of aesthetic, natural, scenic, and historic environmental qualities, and freedom from excessive noise. c) Prevent the elimination of fish or wildlife species due to man's activities, ensure that fish and wildlife populations do not drop below self-perpetuating levels, and preserve for future generations representations of all plant and animal communities and examples of the major periods of California history. d) Ensure that the long-term protection of the environment, consistent with the provision of a decent home and suitable living environment for every Californian, shall be the guiding criterion in public decisions. e) Create and maintain conditions under which man and nature can exist in productive harmony to fulfill the social and economic requirements of present and future generations. f) Require governmental agencies at all levels to develop standards and procedures necessary to protect environmental quality. g) Require governmental agencies at all levels to consider qualitative factors as well as economic and technical factors and long-term benefits and costs, in addition to short-term benefits and costs and to consider alternatives to proposed actions affecting the environment. A concise statement of legislative policy, with respect to public agency consideration of projects for some form of approval, is found in Section 21002 of the Public Resources Code, quoted below: The Legislature finds and declares that it is the policy of the state that public agencies should not approve projects as proposed if there are feasible 1.0-2 City of Fontana
Introduction 1.0 alternatives or feasible mitigation measures available which would substantially lessen the significant environmental effects of such projects, and that the procedures required by this division are intended to assist public agencies in systematically identifying both the significant effects of proposed projects and the feasible alternatives or feasible mitigation measures which will avoid or substantially lessen such significant effects. The Legislature further finds and declares that in the event specific economic, social, or other conditions make infeasible such project alternatives or such mitigation measures, individual projects may be approved in spite of one or more significant effects thereof. This EIR was prepared in compliance with the applicable CEQA Statutes. Type of EIR 1.2 This EIR has been prepared as a project-level EIR as defined by Section 15161 of the State CEQA guidelines. Specifically, Section 15161 of the State CEQA Guidelines indicates that a project-level EIR is the most common type of EIR and examines the environmental impacts of a specific development proposal. This type of EIR should focus primarily on the changes in the environment that would result from the development of a project. The EIR shall examine all phases of the project including planning, construction, and operation. Accordingly, this EIR has been prepared as a project-level EIR and analyzes the specific environmental impacts that could be associated with construction and operation of the proposed project. Organization of the EIR This EIR is divided into two volumes. Volume 1 contains the following nine (9) sections: Section 1.0 Introduction Section 2.0 Executive Summary Provides a summary of project impacts and mitigation measures Section 3.0 Project Description Provides a detailed description of the planning, construction, and operation of the proposed project Section 4.0 Environmental Impact Analysis Considers short-term and long-term impacts and identifies mitigation measures designed to reduce significant impacts Section 5.0 Alternatives Provides an analysis of alternatives to the proposed project Section 6.0 Analysis of Long- Term Effects Provides an analysis of cumulative impacts, growth-inducing impacts, and significant irreversible environmental impacts Identifies areas of no significant impact Section 7.0 Effects Found Not to be Significant Section 8.0 Preparation Team Lists the preparers of this DEIR Section 9.0 Organizations and Persons Consulted Contains reference to people and organizations consulted in preparation of this DEIR Citrus Commerce Park 1.0-3
Environmental Impact Report Volume 2 and 3 contain Appendix materials A through M, as listed below. Volume 2 and 3 include documentation of the EIR scoping process along with the technical studies and background reports prepared as part of the environmental review process associated with the proposed project. Appendix A Appendix B Appendix C Appendix D Appendix E Appendix F Appendix G Appendix H Appendix I Appendix J Appendix K Appendix L Appendix M Initial Study Scoping Materials Air Quality Impact Analysis General Biological Resource Evaluation Eucalyptus Tree and Heritage Tree Evaluations Paleontological Report/Archeological Report Geotechnical Investigation Greenhouse Gas Analysis Phase I Environmental Site Assessment Phase II Environmental Site Assessment Noise Impact Analysis Traffic Impact Analysis Alternatives Data After publication and public review of the Draft EIR, the Lead Agency will prepare a Final EIR (FEIR). The FEIR, a mitigation monitoring reporting program (MMRP), responses to public comments, revisions to the DEIR, findings of fact, and any required statements of overriding considerations will be identified as Volume 4. Approach to EIR Analysis The analytical approach to the components of the project is summarized below. Existing Uses The project is physically divided into three components identified as the Near Term Development Site, the Long Term Development Site, and the Long Term City Park Site. The composite of these sites will be referred to as project sites herein. The Near Term Development Site and the Long Term Development Site consist of residential use and the Long Term City Park Site consists of an egg ranch and residential use. To the extent possible, information regarding existing operations was collected to establish on-site baseline conditions. The proposed project will be analyzed in light of existing on-site conditions to determine net changes to the environment. Proposed Uses The proposed project includes applications for a General Plan Amendment, Zone Change, Specific Plan Amendment, Design Review, Development Agreement, and Tentative Parcel Map that would permit the development of up to four warehouse buildings for a total of 2,171,449 square feet of high cube warehouse/distribution uses and an active park with four soccer fields. Pursuant to CEQA, the environmental analysis presented in this EIR will focus on the physical changes to 1.0-4 City of Fontana
Introduction 1.0 the environment that will result from the development of the proposed project. Planning applications for General Plan and Specific Plan Amendments and Zone Change will be analyzed in the Land Use and Planning Section (Section 4.10) to determine consistency with the mitigating policies and standards of applicable planning documents. Project-Level Analysis At this time, the Project Proponent is requesting entitlement approvals for the construction of three warehouses totaling 1,883,234 square feet on the Near Term Development Site. Because this portion of the project is well defined, with a specific development proposal, and ready to be constructed upon approval of permits, a project-level analysis will be performed on this portion of the project. Pursuant to Section 15161 of the State CEQA Guidelines, a Project EIR... should focus primarily on the changes in the environment that would result from the development of the project. All phases of this portion of the project have been examined included planning, construction, and operation. As defined in Section 15146(a) of State CEQA Guidelines: An EIR on a construction project will necessarily be more detailed in the specific effects of the project than will be an EIR on the adoption of a local general plan or comprehensive zoning ordinance because the effects of the construction can be predicted with greater accuracy. Because this component of the project is a construction project, detailed analysis of the effects on the environment is provided herein. Program-Level Analysis The remaining components of the project include a potential 268,685-square-foot warehouse and a potential city park. These components of the project are conceptual at this time and are not sufficiently defined to perform a project-level analysis. Pursuant to Section 15165 of the State CEQA Guidelines regarding phased projects, when a phased project is... to be undertaken and where the total undertaking comprises a project with significant environmental effect, the lead agency shall prepare a single program EIR for the ultimate project as described in Section 15168. Section 15168 et seq. of the State CEQA Guidelines describes a Program EIR as... an EIR which may be prepared on a series of actions that can be characterized as one large project and are related... as logical parts in the chain of contemplated actions... [where] subsequent activities in the program must be examined in the light of the program EIR to determine whether an additional environmental document must be prepared. Analysis of the potential warehouse and potential city park at the program-level was conducted herein as described in Section 15146(b) of the State CEQA Guidelines: An EIR on a project such as the adoption or amendment of a comprehensive zoning ordinance or a local general plan should focus on the secondary effects that can be expected to follow from the Citrus Commerce Park 1.0-5
Environmental Impact Report Tiering adoption, or amendment, but the EIR need not be as detailed as an EIR on the specific construction projects that might follow. This EIR has been designed for future development projects on the Long Term Development Site and the Long Term City Park Site to tier from. Tiering is an environmental streamlining tool defined in Section 15152 et al of the CEQA Guidelines, as follows: a) "Tiering" refers to using the analysis of general matters contained in a broader EIR (such as one prepared for a general plan or policy statement) with later EIRs and negative declarations on narrower projects; incorporating by reference the general discussions from the broader EIR; and concentrating the later EIR or negative declaration solely on the issues specific to the later project. b) Agencies are encouraged to tier the environmental analyses which they prepare for separate but related projects including general plans, zoning changes, and development projects. This approach can eliminate repetitive discussions of the same issues and focus the later EIR or negative declaration on the actual issues ripe for decision at each level of environmental review. Tiering is appropriate when the sequence of analysis is from an EIR prepared for a general plan, policy, or program to an EIR or negative declaration for another plan, policy, or program of lesser scope, or to a site-specific EIR or negative declaration. Tiering does not excuse the lead agency from adequately analyzing reasonably foreseeable significant environmental effects of the project and does not justify deferring such analysis to a later tier EIR or negative declaration. However, the level of detail contained in a first tier EIR need not be greater than that of the program, plan, policy, or ordinance being analyzed. c) Where a lead agency is using the tiering process in connection with an EIR for a large-scale planning approval, such as a general plan or component thereof (e.g., an area plan or community plan), the development of detailed, sitespecific information may not be feasible but can be deferred, in many instances, until such time as the lead agency prepares a future environmental document in connection with a project of a more limited geographical scale, as long as deferral does not prevent adequate identification of significant effects of the planning approval at hand. d) Where an EIR has been prepared and certified for a program, plan, policy, or ordinance consistent with the requirements of this section, any lead agency for a later project pursuant to or consistent with the program, plan, policy, or ordinance should limit the EIR or negative declaration on the later project to effects which: 1) Were not examined as significant effects on the environment in the prior EIR; or 1.0-6 City of Fontana
Introduction 1.0 2) Are susceptible to substantial reduction or avoidance by the choice of specific revisions in the project, by the imposition of conditions, or other means. e) Tiering under this section shall be limited to situations where the project is consistent with the general plan and zoning of the city or county in which the project is located, except that a project requiring a rezone to achieve or maintain conformity with a general plan may be subject to tiering. f) A later EIR shall be required when the Initial Study or other analysis finds that the later project may cause significant effects on the environment that were not adequately addressed in the prior EIR. A negative declaration shall be required when the provisions of Section 15070 are met. 1) Where a lead agency determines that a cumulative effect has been adequately addressed in the prior EIR that effect is not treated as significant for purposes of the later EIR or negative declaration, and need not be discussed in detail. 2) When assessing whether there is a new significant cumulative effect, the lead agency shall consider whether the incremental effects of the project would be considerable when viewed in the context of past, present, and probable future projects. At this point, the question is not whether there is a significant cumulative impact, but whether the effects of the project are cumulatively considerable. For a discussion on how to assess whether project impacts are cumulatively considerable, see Section 15064(i). 3) Significant environmental effects have been "adequately addressed" if the lead agency determines that: A) they have been mitigated or avoided as a result of the prior environmental impact report and findings adopted in connection with that prior environmental report; or B) they have been examined at a sufficient level of detail in the prior environmental impact report to enable those effects to be mitigated or avoided by site specific revisions, the imposition of conditions, or by other means in connection with the approval of the later project. g) When tiering is used, the later EIRs or negative declarations shall refer to the prior EIR and state where a copy of the prior EIR may be examined. The later EIR or negative declaration should state that the lead agency is using the tiering concept and that it is being tiered with the earlier EIR. h) There are various types of EIRs that may be used in a tiering situation. These include, but are not limited to, the following: 1) General Plan EIR (Section 15166). 2) Staged EIR (Section 15167). Citrus Commerce Park 1.0-7
Environmental Impact Report 3) Program EIR (Section 15168). 4) Master EIR (Section 15175). 5) Multiple-family residential development / residential and commercial or retail mixed-use development (Section 15179.5). 6) Redevelopment project (Section 15180). 7) Projects consistent with community plan, general plan, or zoning (Section 15183). Any future development proposals on the Long Term Development Site and the Long Term City Park Site would be reviewed for consistency with the environmental analysis and determinations certified in this EIR upon submittal of specific development applications to the approving jurisdiction. Those proposals found to be completely consistent with this EIR would have the environmental review process substantially reduced. Consistency would be noted in the record via memorandum to the project file. Those projects found to be generally consistent with this EIR would have a reduced environmental review process that focuses on any issues that may not have been specifically addressed in this EIR. Furthermore, the majority of the project includes amendments to be added to the Southwest Industrial Park (SWIP) Specific Plan area. The SWIP Specific Plan was created to develop the City s industrial uses south of Interstate 10 (I-10). The Specific Plan Update, approved in October 2012, promotes orderly and compatible growth of industrial uses within the Specific Plan area. The Near Term and Long Term Development Sites will be subject to the mitigation measures adopted in the certified SWIP EIR upon annexation in the Specific Plan area. The analysis of the proposed project included herein tiers from the analysis provided in the SWIP EIR, where applicable, and also incorporates applicable mitigation measures from the certified EIR. Mitigation has been incorporated to extend SWIP mitigation measures to the potential city park, where applicable. Scoping Meeting Scoping and Public Review 1.3 A scoping meeting was held on Monday, May 12, 2014 to receive public input and a second scoping meeting was held on Wednesday, May 14, 2014 to receive agency input of the content of this EIR. Pursuant to CEQA Guidelines 15082(c) and 15083, the scoping meeting helps to consult directly with agencies and the community regarding concerns related to the environmental effects of the project. Notice was sent to agencies and residents/property owners within 660 feet of the project site on April 24, 2014. 23 individuals signed in to the meeting held on May 12, 2014 and no agencies attended the meeting held on May 14, 2014. Four comment cards were received at the meeting held for the public (see Appendix B for sign-in sheet and copies of comment cards) and one letter was submitted. 1.0-8 City of Fontana
Introduction 1.0 Notes were taken to record attendee questions and comments. Table 1.0-1 (Scoping Meeting Comments) summarizes the comments received at the public meeting. Notice of Preparation To define the scope of the investigation of this EIR, the City of Fontana distributed a Notice of Preparation (NOP) to city, county, and state agencies; other public agencies; and interested private organizations and individuals (attached as Appendix A). The purpose of the NOP was to identify agency and public concerns regarding potential impacts of the proposed project and to request suggestions concerning ways to avoid significant impacts (Section 15082, CEQA Guidelines). The NOP was sent to agencies and residents/property owners within 660 feet of the proposed project site on April 24, 2014. An Initial Study was prepared pursuant to Section 15063 of the State CEQA Guidelines that sets forth the required contents of an Initial Study. Those requirements include a description of the proposed project, including the location of the proposed project, identification of the environmental setting, identification of environmental effects by use of a checklist, matrix, or other methods, provided that entries on the checklist or other form are briefly explained to indicate that there is some evidence to support the entries, a discussion of ways to mitigate significant effects identified, if any, an examination of whether the proposed project is compatible with existing zoning, plans, and other applicable land use controls, and the name(s) of the person(s) who prepared or participated in the preparation of the Initial Study. The Initial Study was used as a screening tool to identify potentially significant impacts to be analyzed in the EIR. Any impacts found to be less than significant or non-existent need not be analyzed in the EIR. The Initial Study was made available with the NOP to provide the rationale for those topics to be analyzed in or excluded from the EIR. Fifteen electronic copies of the Initial Study were submitted to the State Clearinghouse on April 30, 2014 for distribution to state agencies. Copies of written comments received during the public review period for the NOP are included in Appendix B of this EIR. One comment letter was submitted in response to the NOP and has been summarized in Table 1.0-2 (NOP Comments). Table 1.0-1 Scoping Meeting Comments Addressed in Summary EIR Section 1 The project will be beneficial to the community because the chicken ranch would be eliminated, new jobs will be created, there will be N/A more lighting to the surrounding area, and there will be improvements to the surrounding infrastructure. 2 Will there be a traffic signal installed on the Citrus Ave and Santa Ana Ave intersection and which streets will be accessible to the 4.13 trucks? 3 Are there are any plans to develop the residential area north of N/A Citrus Commerce Park 1.0-9
Environmental Impact Report Addressed in Summary EIR Section Santa Ana between the schools (this area is not part of the project)? 4 The residential zoning north of the project site will not be changed because it creates a buffer for the school. What are the implications for this neighborhood now that the area is transiting to industrial 6.0 uses? How confident is the applicant the project will be complete by November? 5 The chicken ranch will be eliminated, business will increase tax base and employment opportunities, a large of blight will be removed and N/A replaced with new buildings and landscaping, infrastructure improvements will occur, and a park amenity will be added. 6 Concern related to land use compatibility and properties north of the 6.0 project site between Citrus Avenue and Cypress Avenue. 7 No impacts will occur N/A 8 The project will get rid of the chicken ranch and associated flies and N/A smells. 9 No environmental concerns and notes that flies are not good. N/A Note: Comments that are not addressed in the EIR are marked as N/A because they are not related to environmental review of the project It should be noted that while all comments received were considered in the environmental analysis herein, not all comments are directly addressed because they do not relate to environmental issues to be analyzed in the EIR. Comment 1 was not addressed because it identifies the perceived benefits of the project and does not request that any environmental issues be addressed in the EIR. Comment 3 is not related to the project but rather is a question as to future development north of the project site. Comment 5 was not addressed because it identifies the perceived benefits of the project and does not request that any environmental issues be addressed in the EIR. Comment 7 was not addressed because it simply opines that no impacts will result from the project. Comment 8 was not addressed because it identifies the perceived benefits of the project and does not request that any environmental issues be addressed in the EIR. Comment 9 was not addressed because it simply indicates that the commenter has no environmental concerns related to the project and does not like flies. Commenter San Bernardino County Department of Public Works Table 1.0-2 NOP Comments Summary Trucks should not be directed on County maintained roads. Addressed in EIR Section 4.13 Notice of Completion and Public Review of the Draft EIR Pursuant to Section 15085 of the State CEQA Guidelines, a Notice of Completion (NOC) was filed with the State Office of Planning and Research (OPR) on September 19, 2014 and the Draft EIR (DEIR) circulated for public and agency review for a period of 45 days. Hard copies of the DEIR were posted at City of Fontana, Planning 1.0-10 City of Fontana
Introduction 1.0 Division, 8353 Sierra Avenue, Fontana, California 92335 and the Lewis Library and Technology Center 8437 Sierra Avenue, Fontana, California 92335. Electronic copies of the DEIR were sent to responsible agencies, local agencies, and concerned agencies and individuals, as requested. Response to Comments on DEIR Comments from all agencies and individuals are invited regarding the information contained in the DEIR. Such comments should explain any perceived deficiencies in the assessment of impacts, identify the information that is purportedly lacking in the DEIR or indicate where the information may be found. All comments on the DEIR are to be submitted to: Paul Gonzales, Associate Planner City of Fontana Planning Division 8353 Sierra Avenue Fontana, California 92335 909-350-6658 Following a 45-day period of circulation and review of the DEIR, all comments and the responses to the comments shall be incorporated into a FEIR prior to certification of the document by the City of Fontana. Availability of EIR Materials All materials related to the preparation of this EIR are available for public review at the City of Fontana Planning Division (please contact Paul Gonzales, Associate Planner, for an appointment) and at the Lewis Library and Technology Center. City of Fontana Planning Division 8353 Sierra Avenue Fontana, California 92335 909-350-6658 Lewis Library & Technology Center 8437 Sierra Avenue Fontana, California 92335 909-574-4500 Citation 1.4 Preparation of this EIR relied on information from many sources including the appendix materials previously listed and numerous other references. Pursuant to Section 15148 of the State CEQA Guidelines, citations from the appendix materials and other sources are provided throughout the EIR. Citations are numbered sequentially and inclusive to each environmental impact section (Sections 4.1 through 4.12). References are located at the end of each environmental impact section. Resources are referenced in the following manner: Books and Technical Reports Author. Agency. Department. Document Title. Publication Date Citrus Commerce Park 1.0-11
Environmental Impact Report Internet Resources Author. Agency. Department. Webpage Title. Web Address [Access Date] Persons Consulted Name. Agency. Department. Personal Communication. Date Consulted 1.0-12 City of Fontana
Citrus Commerce Park Draft Environmental Impact Report SCH 2014051005 September 2014 City of Fontana
This document is designed for double-sided printing to conserve natural resources