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Home My WebLink About32-Community Development CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION From: Dept: M. Margo Wheeler, Director Community Development Subject: A Resolution of the Mayor and Common Council of the City of San Bernardino adopting General Plan Amendment No. 08-05 to change the land use designation of Commercial General and Industrial Light to Industrial Heavy on approximately 7.69 acres and approving Conditional Use Permit No. 09-04 to expand an existing 28.7-acre auto dismantling and vehicle storage business by 7.69 acres and establish auto repair service at 701 North Waterman Avenue. Date: Mayll,2011 MCC Date: June 6, 2011 Synopsis of Previous Council Action: None Recommended Motion: That the hearing be closed and the Resolution be adopted. /i( )(1~ M. Margo Wheeler, AICP Contact person: Aron Liang, Senior Planner Phone: 384-5057 Supporting data attached: Staff Report Ward(s): 4 FUNDING REQUIREMENTS: Amount: N/ A Source: (Accl. No.) ( Accl. Description) Finance: Council Notes: Agenda Item No. 04 O(Q-Ol..it- ~l/ CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: A Resolution of the Mayor and Common Council of the City of San Bernardino adopting General Plan Amendment No. 08-05 to change the land use designation of Commercial General and Industrial Light to Industrial Heavy on approximately 7.69 acres and approving Conditional Use Permit No. 09-04 to expand an existing 28.7-acre auto dismantling and vehicle storage business by 7.69 acres and establish auto repair service at 701 North Waterman Avenue. OWNER/APPLICANT: Ted Randall Smith American Team, LLC 16600 Multiview Drive Perris, CA 92570 951.712.3298 REPRESENTATIVE: Ed Bonadimann Joseph E. Bonadiman & Associates, Inc. 234 North Arrowhead Avenue San Bernardino, CA 92408 909.885.3806 BACKGROUND On April 27, 2011, the Planning Commission recommended that Mayor and Common Council approve General Plan Amendment No. 08-05 and Conditional Use Permit No. 09-04, to change the General Plan land use designation of 7.69 acres from Commercial General (CG-I) and Industrial Light (IL) to Industrial Heavy (IH), and to expand an existing 28.7-acre auto dismantling and vehicle storage business by 7.69 acres. The proposal includes construction of 17 canopies and related on-site improvements and to establish auto repair service at the existing auto dismantling and vehicle storage facility located at 701 North Waterman Avenue in the Commercial General (CG-I) and Industrial Heavy (IH) land use districts (Location Map - Attachment I). The applicant requests that the Mayor and Common Council approve General Plan Amendment No. 08-04 and Conditional Use Permit No. 09-04 as recommended by the Planning Commission at their meeting of April 27, 2011. The Planning Commission voted unanimously in favor of the proposed amendment and the proposed project. Commissioners Calero, Coute Eble, Heasley, Machen, Mulvihill, Rawls and Sauerbrun voted in support of the motion and Commissioner DUff absent. Midnight and Pick a Part Auto Recycling Center has been operating a dismantling and auto recycling business in the City for over 30 years. The proposed project will promote business retention and expansion within the City and allow the existing business to provide added area for dismantling and auto recycling that will improve the terminus of Preston Street. The subject business currently has 80 full-time employees and is contemplating hiring 5 more full-time employees. The hours of operation are from 8:00 a.m. to 6:00 p.m., Monday - Sunday, seven days per week. FINANCIAL IMPACT None. GPA 08-05 & CUP 09-04 Hearing Date: June 6. 2011 Page 2 RECOMMENDA nON That the hearing be closed and the Resolution be adopted. ATTACHMENTS: 1. Location Map 2. Planning Commission Staff Report Dated March 23, 2011 and Memorandum Dated April 18, 2011. 3. Resolution ATTACHMENT 1 CITY OF SAN BERNARDINO PLANNING DIVISION PROJECT: GPA 08-05 & CUP 09-04 LOCA TION MAP HEARING DA TE: 6/6/2011 u NORTH c PF ,;, i . I A TT ACHMENT 2 PLANNING COMMISSION STAFF REPORT CITY OF SAN BERNARDINO PLANNING DIVISION CASE: AGENDA ITEM: HEARING DATE: WARD: General Plan Amendment No. 08-05 & Conditional Use Permit No. 09-04 2 March 23,2011 I OWNER: Ted Randall Smith American Team, LLC 16600 Multiview Drive Perris, CA 92570 951.712.3298 APPLICANT: Ed Bonadiman Joseph Bonadiman & Associates Inc. 234 North Arrowhead Avenue San Bernardino, CA 92408 909.885.3806 REQUEST AND LOCATION: A request to change the General Plan land use designation from Commercial General (CG-I) and Industrial Light (IL) to Industrial Heavy (IH) on 4.69 acres of vacant land, and to expand an existing 28.7-acre auto dismantling and vehicle storage business onto the 4.69-acre site, located at the southerly terminus of Preston Street. The application includes a proposal to construct 17 canopies and related on-site improvements and to establish auto repair service at the existing auto dismantling and vehicle storage facility located at 701 North Waterman Avenue in the Commercial General (CG- 1) and Industrial Heavy (IH) land use districts. CONSTRAINTS/OVERLAYS: Potential Liquefaction Area ENVIRONMENTAL FINDINGS: o No Significant Effect o Exempt from CEQA Ii'! Potential Effects, Mitigation Measures and Mitigation Monitoring/Reporting Program o Environmental Impact Report STAFF RECOMMENDATION: o Approval o Conditions o Denial o Continuance to: GPA No. 08-05 & CUP No. 09-04 March 23. 2011 Page 2 PROJECT DESCRIPTION The applicant requests approval of General Plan Amendment (GPA) No. 08-05 under the authority of Development Code ~ 19.50.030 to change the land use designation from Commercial General (CG-I) and Industrial Light (IL) to Industrial Heavy (IH) on 4.69 acres of vacant land, and Conditional Use Permit (CUP) No. 09-04 under the authority of Development Code ~ 19.36.050 to expand an existing 28.7-acre auto dismantling and vehicle storage business onto the 4.69-acre site, located at the southerly terminus of Preston Street. The application includes a proposal to construct 17 canopies and related on-site improvements and to establish auto repair service at the existing auto dismantling and vehicle storage facility located at 701 North Waterman Avenue in the Commercial General (CG-I) and Industrial Heavy (IH) land use districts (Attachment A). Midnight & Pick a Part Auto Recycling Center (M & PPARC) currently occupies approximately 28.77 acres and operates a dismantling and auto recycling center generally located on the east side of Waterman Avenue between 6th and 9th Streets. There are 3 existing entrances to the project site, one on Waterman Avenue and the others are on 6th and 9th Streets (Attachments A). GPA No. 08-05 and CUP No. 09-04 will enable the project applicant to incorporate a vacant lot of 4.69 acres into the existing auto dismantling and vehicle storage business. Improvements on Preston Street along the property frontage will include construction of a cul-de-sac, two fire hydrants, storm water drainage improvements, 6' sidewalk with a 6" curb and gutter, and fully landscaped setback area and, a 6' wrought iron fence with screening consistent with Section 19.28.040 (3) (A), to fully screen the operation. The proposed project site of 4.69 acres will be used to store cleaned and drained automobiles and the vehicles will not be stacked. The site has been designed to store up to 760 vehicles. M & PP ARC also proposes to establish auto repair service on-site and to construct 17 canopies in various locations throughout the project site of approximately 33.46 acres to accommodate transmission dismantling & storage, auto repair and vehicle fluid removal under CUP No. 09-04. Various on-site improvements including fencing and gravel access roads are proposed for the entire project site of 33.46 acres. (Attachment B). The hours of operation are from 8:00 a.m. to 6:00 p.m., Monday - Sunday, seven days per week. SETTING/SITE CHARACTERISTICS The project site contains an existing auto dismantling and vehicle storage business that was established in the early 1970's. LoeA nON Site LAND USE Industrial & Commercial GENERAL PLAN CG-I, Commercial General & IH, Industrial Heavy CG-I, Commercial General & CH, Commercial Heavy COUNTY - Residential land use district IL, Industrial & RS, Residential Suburban CG-I, Commercial General & PF, Public Facility North Commercial South East West Residential Industrial & Residential Commercial & Public Facility GPA No. 08-05 & CUP No. 09-04 March 23, 2011 Page 3 CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEOA) The proposed project is subject to the California Environmental Quality Act (CEQA), An Initial Study (available on the City's web site at www.sbcity.org ) was prepared by Liburn Corporation and circulated for a 30-day public review period from February 2, 2011 to March 3. 2011, pursuant to the provisions of CEQA, Additionally. a Notice of Availability and Intent to Adopt a Mitigated Negative Declaration (MND) was advertised in the newspaper and sent to property owners within a SOD-foot radius. The Initial Study received one comment letter from the Department of Toxic Substances Control and those comments have been addressed in the project's Stormwater Pollution Prevention Plan (SWPPP) and Water Quality Management Plan (WQMP). The Initial Study/MND contains the mitigation measures detailed in the Mitigation Monitoring/Reporting Plan in Attachment D. On Mach 10,2011, the Community Development Department received a letter from the Law Offices of Varner & Brandt LLP representing Ms. Irene Marutsos, property owner adjacent to the project site, regarding drainage issues. Planning staff is in the process of coordinating a meeting between Community Development staff, the project applicant, Ms. Marutsos, and her attorney to review this matter. An update to the outcome of the meeting will be provided at the Planning Commission Hearing on March 23, 2011. BACKGROUND · Records indicate auto dismantling and vehicle storage yard was established in the early 1970's. · February 22, 2000 - the Mayor and Common Council approved General Plan Amendment No, 99-05 and Conditional Use Permit No. 99-12 to change the CG-I and RS districts to IH district and expand Midnight & Pick a Part between 6th and 9th Streets. · May 5, 2000 - The Planning Commission approved Variance No. 00-03 to reduce the landscape setback on the east side of the parking lot from 10 feet to 30 inches, · June 6, 2008 - GPA No. 08-05 was submitted. · March 9, 2009 - CUP No. 09-04 was submitted. · April 16, 2009 - The Development/Environmental Review Committee (D/ERC) reviewed GPA No. 08-05 and CUP No. 09-04 and continued for revisions and environmental documents, · August 19, 2010 - The D/ERC reviewed an expanded/revised project description and plans for CUP No. 09-04 and continued the item for completion of environmental documents. · January 13, 2011 - The D/ERC approved release of the Initial Study for a 30-day for public review. · January 25, 2011 - Notice of Availability and Intent to Adopt a Mitigated Negative Declaration was advertised and the Initial Study/Draft MND was circulated by the State Clearinghouse. GPA No. 08-05 & CUP No. 09-04 March 23, 2011 Page 4 ANAL YSIS M & PPARC has been operating a dismantling and auto recycling business in the City for over 30 years and is a member of the State of California Auto Dismantlers Association (SCADA), whose goal is to guide and educate its members in responsible environmental industry practices. M & PPARC is currently established on 28.77 acres located on Waterman Avenue between 6th and 9th Streets located in the CG-I and IH districts. The applicant/owner proposes to expand the existing dismantling and auto recycling business onto 4.69 adjacent acres on Preston Street and incorporate the vacant lot into the auto dismantling and vehicle storage business. The proposed project will promote business retention and expansion within the City and allow the existing business to provide added area for dismantling and auto recycling that will improve the terminus of Preston Street. The business owner also proposes to establish approximately 12,500 sq. ft. of auto repair service under canopies No. I, 3, 4, and 7 and to construct 17 canopies in various locations throughout the project site of approximately 33.46 acres to accommodate transmission dismantling & storage, auto repair and vehicle fluid removal. Various on-site improvements including fencing and gravel access roads are proposed for the entire project site of 33.46 acres. (Attachment B). The existing business currently has 80 full-time employees and is contemplating hiring 5 more full-time employees The project site is located in a potential liquefaction/subsidence area, but no building construction is proposed as part of CUP No. 09-04. The canopies are considered "non-essential structures" pursuant to Building Code Section 15.08.060 and a liquefaction study is not required. The project complies with the IH, Industrial Heavy land use regulations and development standards of the Development Code, as indicated in the following Table A: TABLE "A" -DEVELOPMENT CODE AND GENERAL PLAN CONFORMANCE CATEGORY PROPOSAL DEVELOPMENT GENERAL PLAN CODE Permitted Use Salvage wrecking Permitted in IH subject Consistent with IH (Dismantling) Yard to Conditional Use Permit Height 17 Canopies at 23 feet 2 stories or 30 feet N/A Setbacks - Front 25' 10' N/A - Side (street) 10' 10' - Side (interior) 10' up to 30' 0' - Rear 10' 10' Landscaping 28,249 sq.ft. (15%) (*) 28,246 sq.ft. (15%) N/A Parking 415 spaces (*) 70 spaces N/A - Standard 406 75 - Handicap 9 4 (*) Constructed under CUP No. 99-12 approved by the Mayor and Common Council on February 22.2000 GPA No. 08-05 & CUP No. 09-04 March 23, 2011 Page 5 FINDINGS OF FACT - GENERAL PLAN AMENDMENT 1. The proposed amendment is internally consistent with the General Plan. The proposed General Plan Amendment is consistent with General Plan Policy 4, I ,2, which states: "proactively seek out and retain businesses...., including: attracting industrial and manufacturing users. " The change of land use designation from CG-l and IL to the IH district will enable the property owner to maintain and expand a viable industrial use and provide a development opportunity for the existing business to expand within the same contiguous area. The proposed amendment will allow the site to be with industrial uses similar and supporting uses adjacent to the north, west and south. 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. The proposal would not pose any threat to the public health, safety and welfare of the City in that any industrial development proposal would be required to comply with all applicable provisions of the Development Code, Chapter 19.08, Industrial Districts, The proposed amendment would enhance the value of the project site by making it feasible to implement the General Plan policy stated above. 3. The proposed amendment maintains the appropriate balance of land uses within the City. The proposed amendment is consistent with the General Plan as described above and would maintain the appropriate balance of land uses within the City. The proposed amendment is for 5 parcels of 4.69 acres and does not adversely impact the overall balance of land uses within the City, The proposed amendment will promote an auto recycling business, compatible with other industrial uses at the terminus of Preston Street and encourage business retention within the City. The property designated CG-l of approximately 2 acres is not conducive for a commercial development as the site is surrounded by heavy commercial and industrials uses, 4. The subject parcel is physically suitable (including, but not limited to, access, prOVISIOn of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested land use designation and anticipated land use development. All agencies responsible for reviewing access, and providing water, sanitation and other public services have had the opportunity to review the proposal, and none have indicated an inability to serve the project site considering the change in land use designation, All required utilities and public services can adequately serve the site. The proposed amendment area is bounded by developed, dedicated streets and existing infrastructure suitable for auto dismantling and the auto recycling business. Construction and grading activities will be required to conform to all applicable provisions of the Development Code. GPA No. 08-05 & CUP No. 09-04 March 23. 2011 Page 6 FINDINGS OF FACT - CONDITIONAL USE PERMIT I. The proposed use is conditionally permitted within. and would not impair the integrity and character of the subject land use district and complies with all of the applicable provisions of the Development Code. A dismantling and auto recycling business is conditionally permitted in the IH land use district. The proposed use and expansion will be compatible with similar industrial uses within the same area, and will not impair the integrity or character of existing development in the vicinity. The proposal does not include any exterior alteration or modification to the existing building. The existing dismantling and auto recycling business had been established since the early 1970's under CUP 99-12 and the proposed expansion of the existing operation complies with all of the applicable provisions of the Development Code. 2. The proposed use is consistent with the General Plan. The proposed development and expansion are consistent with several General Plan goals and policies. The Land Use Element (Table LU-2) of the City of San Bernardino General Plan describes the Industrial Heavy land use district as allowing "(a) variety of industrial uses, including warehousing/distribution, assembly, light manufacturing, research and development....... at a range of intensities to meet the demand of current and future residents. Land Use Policy 2.2. I requires compatibility between land uses and quality design. General Plan Policy 4.1.2, states: "proactively seek out and retain businesses...., including: attracting industrial and manufacturing users." The proposed development and expansion will implement these General Plan goals and policies. 3. The approval of the Conditional Use Permit for the proposed use is in compliance with the requirements of the California Environmental Quality Act (CEQA) and Section 19.20.030(6) of the Development Code. Approval of CUP No. 09-04 is in compliance with the requirements of the California Environmental Quality Act (CEQA) and Development Code Section 19.20.030 (6) pertaining to environmental resources and constraints. Approval of the proposed project would not result in any impacts on the environment that could not be mitigated to less than significant levels. Potentially significant impacts identified in the Draft Mitigated Negative Declaration will be less than significant with implementation of the proposed mitigation measures in the Mitigation Monitoring/Reporting Program in Attachment D. 4. There will be no potentially significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored. As noted in Finding No.3, the proposed project complies with CEQA and Development Code requirements related to environmental review and protection of sensitive natural resources. Evidence and analysis in the Draft Mitigated Negative Declaration demonstrates that all potentially significant environmental impacts of the project will be mitigated to less than significant levels by implementation of the recommended mitigation measures in Attachment D. GPA No. 08-05 & CUP No. 09-04 March 23. 2011 Page 7 5. The location. size, design, and operating characteristics of the proposed use are compatible with the existing and future land uses within the general area in which the proposed use is to be located and will not create significant noise. traffic or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity or adverse to the public interest. health. safety, convenience, or welfare of the City. The proposed project conforms to all applicable development standards and land use regulations of the IH, Industrial Heavy land use district, as illustrated in Table A above. Therefore, the design of the project, in conjunction with the recommended conditions of approval, will ensure that the project will not create significant noise, traffic, or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity of the site, nor will it be adverse to the public interest, health, safety, convenience or welfare of the City. The location, size, design and character of the proposed expansion will enhance the existing operation, to the benefit of the public interest and general welfare of the City. 6. The subject site is physically suitable for the type and density/intensity of use being proposed. The project site is physically suitable for dismantling and auto recycling, developed at the density proposed by CUP No. 09-04, as evidenced by the project's compliance with all applicable Development Code Standards noted in Table A. There are no physical constraints that would limit development/expansion of a dismantling and auto recycling business on the site as proposed. Therefore, the site is physically suitable for the proposed project. 7. There are adequate provisions for public access, water. sanitation. and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety. All agencies responsible for reviewing access and providing water, sanitation and other public services to the site have had the opportunity to review the proposal, and none indicated inability to serve the project site. Standard health and safety regulations will ensure that development of the project will not be detrimental to public health and safety. CONCLUSION The project proposal satisfies all Findings of Fact required for approval of General Plan Amendment No. 08-05 and Conditional Use Permit No. 09-04. RECOMMENDA nON Staff recommends that the Planning Commission recommend that the Mayor and Common Council review, analyze and exercise independent judgment in consideration of the Initial Study and in making a determination, and that they: 1. Adopt the Mitigated Negative Declaration and Mitigation Monitoring/Reporting Program (Attachment D), 2. Approve General Plan Amendment No. 08-05 based on the Findings of Fact contained in the Staff Report, and; GPA No. 08-05 & CUP No. 09-04 March 23. 2011 Page 8 3. Approve Conditional Use Permit No. 09-04 based on the Findings of Fact contained in the Staff Report and subject to the Conditions of Approval (Attachment C) i~"' Senior Planner A}lr:tJ M. Margo Wheeler, AICP Community Development Director Attachment A: Attachment B: Attachment C: Attachment D: Location Maps Site Plan & Canopy Details Conditions of Approval Mitigation Monitoring/Reporting Program ATTACHMENT A CITY OF SAN BERNARDINO PLANNING DIVISION PROJECT: GPA 08-05 & CUP 09-04 LOCATION MAP HEARING DATE: 3/23/2011 1J ,,' ;1' " ,,' > . / // 7TH ST '~ ......... " ........... " ' " ST 1J NORTH " '1 /\....-/ / / iil ,,' iil 1'1 :.ili ,: 'I , ,Ii iil " i, 'I i, II il i'L 'I i' ~..__n'" , PMH~~ BlliLJ.. ATTACHMENT A GENERAL PLAN AREA PROJECT: GPA 08-05 LOCATION MAP HEARING DATE: 3/23/2011 LJ NORTH 0% ILLL 9TH ST ~ C otlnty / AERIAL MAP CITY OF SAN BERNARDINO PLANNING DIVISION PROJECT: GPA 08-05 & CUP 09-04 HEARING DATE: 3/23/2011 u NORTH . I:: ,-- I , '- ~ I ~ = ~ ~ .. ~ I' ..... ,I IIIII IKI i Ilj !Ii 11'11 1'111 'I J J I I I~' i, i ' " 111;11' l'ill:I:I: !lll n I' - I rn~ .... ) i! III I ~~ '. ':1 rll II Illlllllll i Iii I j I 111111',11'1111 I Iii 11111 IIi !I III . 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'.1. . 1"' ~ .-- ATTACHMENT C CONDITIONS OF APPROVAL General Plan Amendment No. 08-05 & Conditional Use Permit No. 09-04 1. This approval is contingent on approval of GP A No. 08-05 to change the General Plan land use designation from Commercial General (CG-I) and Industrial Light (IL) to Industrial Heavy (IH) on 4.69 acres of vacant land located at the southerly terminus of Preston Street. This approval authorizes expansion of the existing auto dismantling and auto vehicles storage yard and to construct 17 canopies and related on-site improvements and establish auto repair service at the existing auto dismantling and vehicle storage facility located at 701 North Waterman Avenue in the Commercial General (CG-l) and Industrial Heavy (IH) land use districts. 2. Within two years of the CUP approval, commencement of construction shall have occurred or the permitJapproval shall become null and void. In addition, if after commencement of construction, work is discontinued for a period of one year, then the permitJapproval shall become null and void. However, approval of the Conditional Use Permit does not authorize commencement of construction. All necessary permits must be obtained prior to commencement of specified construction activities included in the Conditions of Approval. Expiration Date: 2 years from effective date of approval by the Mayor and Common Council 3. The review authority may, upon application being filed 30 days prior to the expiration date and for good cause, grant a one-time extension not to exceed 12 months. The review authority shall ensure that the project complies with all current Development Code provisions. 4. In the event this approval is legally challenged, the City will promptly notify the applicant of any claim, action or proceeding and will cooperate fully in the defense of this matter. Once notified, the applicant agrees to defend, indemnify and hold harmless the City of San Bernardino (City), the Economic Development Agency of the City of San Bernardino (ED A), any departments, agencies, divisions, boards or commission of either the City or EDA as well as predecessors, successors, assigns, agents, directors, elected officials, officers, employees, representatives and attorneys of either the City or EDA from any claim, action or proceeding against any of the foregoing persons or entities. The applicant further agrees to reimburse the City of any costs and attorneys' fees which the City may be required by a court to pay as a result of such action, but such participation shall not relieve applicant of his or her obligation under this condition. The costs, salaries, and expenses of the City Attorney and employees of his office shall be considered as "attorneys fees" for the purpose ofthis condition. GPA No. 08-05 & CUP No. 09-04 Hearing Date: February 23. 2011 As part of the consideration for issuing this permit, this condition shall remain in effect if this Conditional Use Permit is rescinded or revoked, whether or not at the request of applicant. 5. All development shall be in substantial conformance to submitted plans August 19, 2010 date stamped. 6. Modification to the planes) shall be subject to the applicable provisions of the Development Code Chapter 19.60, Minor Modifications. 7. This approval shall be subject to all the applicable provisions of the Development Code Chapter 19.20, Property Development Standards. 8. The project shall comply with the requirements of other outside agencies, as applicable (e.g. State Board of Equalization, State Integrated Waste Management Board, DMV San Bernardino County Department of Environmental Health, etc.). 9. Signs are not approved as part of this permit. Prior to establishing any new signs or replacing existing signs, the applicant shall submit an application and receive approval of a Sign Permit from the Planning Division. Signs painted on the building are prohibited. Banners, flags, pennant, and similar signs are prohibited unless a Temporary Sign Permit is obtained. Signslbanners may not be placed on or over the roof or within landscaped areas. Signs and banners shall not encroach into the public right-of-way. 10. The name and phone number of the facility operator and the hours of operation shall be posted on the exterior of the facility, in a location clearly visible to potential patrons. 11. The facility operator, property owner, and property management shall be responsible for regular maintenance of the project site. The site shall be maintained in a clean manner and free of litter and any other undesirable material(s). Vandalism, graffiti, trash and other debris shall be removed and cleaned up within 48 hours. 12. Noise from bells or loud speakers shall not exceed 65 dBA at the property line at any time. 13. Interior walls/fencing shall be consistent/compatible with the existing walls/fencing approved under CUP No. 99-12. 14. A 6-foot wrought iron fence with screening consistent with Section 19.28.040 (3) (A), Opaque Screen, Type A shall be constructed along Preston Street. 15. All vehicles associated with the business shall be parked or stored on-site and not on the adjoining street. GPA No. 08-05 & CUP No. 09-04 Hearing Date: February 23,2011 16. All exterior lighting shall be energy efficient with the option to lower or reduce usage when the facility is closed. Any electric signage may be required to be turned off when the business is closed. 17. If vending machines (snacks, sodas, etc.) are located on the site, they shall be located inside the building. 18. If public pay phones are located on the site, they shall be located inside the building and fixed for outgoing calls only. 19. Submittal requirements for permit applications (building, site improvements, landscaping, etc.) to Building Plan Check and/or Public Works/Engineering shall include all Conditions of Approval (Attachment C) and mitigation measures in Attachment D issued with the Conditional Use Permit Approval printed on the plans. 20. The project is subject to all applicable mitigation measures contained in the Mitigation Monitoring/Reporting Program (Attachment D) incorporated herein by reference. 21. All Conditions of Approval shall be implemented and/or completed prior to final inspection and issuance of a final signed off. 22. All construction plans for the project shall be consistent with the approved detention basin design and hydrology report submitted by Bonadiman and Associates dated January 19,2011. 23. The public drainage captured off of Preston Street shall be conveyed to Warm Creek to the satisfaction of the City Engineer. 24. The Full Categorical Water Quality Management Plan (WQMP) submitted by Bonadiman and Associates, dated 1/08/20 II has been reviewed and accepted for this project. The overall project scope for the site will disturb more than an acre of land; therefore a Storm Water Pollution Prevention Plan (SWPPP) will be required before grading permit issuance. 25. An Erosion Control Plan is required to be submitted with the grading plan for review and approval by the Director of Community Development prior to issuance of the grading permit. 26. An on-site Improvement Plan is required for this project and can be incorporated with the grading plan. The plan shall conform to all requirements of Section 15.04-167 of the Municipal Code (See "Grading Policies and Procedures"). 27. The Fire Department gravel access road shall be solely used for emergency purposes only. GPA No. 08-05 & CUP No. 09-04 Hearing Date: Febntary 23, 2011 28. Utility services shall be placed underground and easements provided as stated in Section 19.20.030 of the Development Code. 29. Existing Utilities which interfere with new construction shall be relocated at the Developer's expense as directed by the City Engineer, except overhead lines, if required by provisions of the Development Code to be undergrounded. 30. On Preston Street construct the curb, gutter and sidewalk per City Standard adjacent to the site. 31. Construct Driveway Approaches per City Standard No. 204, Type II, including an accessible by-pass around the top of the drive approach on Preston Street. Remove existing driveway approaches that are not part of the approved plan and replace with full height curb & gutter and sidewalk. 32. Construct an off-set cul-de-sac at the end of Preston Street, and adequate right of way shall be dedicated to accommodate the bulb radius, curb line and sidewalk as approved by the City Engineer. 33. The pavement at the end of Preston Street shall be rehabilitated to accommodate the cul- de-sac design using a strategy approved by the City Engineer. 34. Install one Street Light adjacent to the project site on Preston Street in accordance with City Standard. 35. Electronic files of all public improvement plans/drawings shall be submitted to the City Engineer. The files shall be compatible with AutoCAD 2000, and include a .DXF file of the project. Files shall be on a CD and shall be submitted at the same time the final mylar drawings are submitted for approval. "End of Attachment C" ATTACHMENT D MIDNIGHT & PICK-A-PART CONDITIONAL USE PERMIT 09-04 GENERAL PLAN AMENDMENT 08-0S MITIGATION MONITORING REPORTING PROGRAM This Mitigation Monitoring and Reporting Program was prepared to implement the mitigation measures outlined in the Draft and Final Initial Study (herein Final Initial Study) for Conditional Use Permit No. 09-04 and General Plan Amendment No. 08-05. This program has been prepared in compliance with the California Environmental Quality Act (CEQA), and the State and City of San Bernardino CEQA Guidelines. CEQA Section 21081.6 requires adoption of a monitoring and/or reporting program for those measures or conditions imposed on a project to mitigate or avoid adverse effects on the environment. The law states that the monitoring or reporting program shall be designed to ensure compliance during project implementation. The Mitigation Monitoring and Reporting Program contains the following elements: I. The mitigation measures are recorded with the action and procedure necessary to ensure compliance. The program lists the mitigation measures contained within the Initial Study. 2. A procedure for compliance and verification has been outlined for each mandatory mitigation action. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported. 3. The program contains a separate Mitigation Monitoring and Compliance Record for each action. On each of these record sheets, the pertinent actions and dates will be logged, and copies of permits, correspondence or other data relevant will be retained by the City of San Bernardino. 4. The program is designed to be flexible. As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program. If changes are made, new monitoring compliance procedures and records will be developed and incorporated into the program. The individual measures and accompanying monitoring/reporting actions follow. They are numbered in the same sequence as presented in the Final Initial Study. Mitigation Monitoring and Reporting Program Conditional Use Pennit 09-04 General Plan Amendment 08-05 Page 1 MITIGATION MEASURES V. CULTURAL RESOURCES CR -I: Should any historical resources be unearthed during grading, a qualified historic archaeologist shall be contacted to detennine the significance and make recommendations to the City of San Bernardino for appropriate mitigation in compliance with the guidelines of the California Environmental Quality Act. CR-2: Should paleontological resources be unearthed during grading, a qualified paleontologist shall be contacted to detennine the signiticance, and make recommendations to the City of San Bernardino for appropriate mitigation in compliance with the guidelines of the California Environmental Quality Act. CR-3: If human remains of any kind are found during grading activities, all activities must cease immediately and the San Bernardino County Coroner and a qualified archaeologist must be notified. The Coroner will examine the remains and detennine the next appropriate action based on his or her findings. If the archaeologist detennines the remains might be of Native American origin, he or she will notify the Native American Heritage Commission. The Native American Heritage Commission will then identify the most likely descendants to be consulted regarding treatment and/or reburial of the remains. If a most likely descendant cannot be identified, or the most likely descendant fails to make a recommendation regarding the treatment of the remains within 48 hours after gaining access to them, the contractor shall rebury the Native American human remains and associated grave goods with appropriate dignity as recommended by the archaeologist or the NAHC on the property in a location not subject to further subsurface disturbance. IMPLEMENTATION AND VERIFICATION Planning staff shall verify implementation of the above mitigation measures. COMPLIANCE RECORD When Required: The verification shall be completed prior to completion of any grading. WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: Mitigation Monitoring and Reporting Program Conditional Use Permit 09-04 General Plan Amendment 08-05 Page 3 VI. GEOLOGY AND SOILS GEO-l: Per Section 15.08.060 Item No.5 of the City of San Bernardino Building Code, all canopy plans for this project shall be signed by a registered Civil Engineer and shall contain a statement to the effect that the building has been designed to withstand liquefaction. IMPLEMENTATION AND VERIFICATION At submittal and approval of final development plans to be verified by Building Plan Check staff. COMPLIANCE RECORD When Required: The verification shall be completed prior to issuance of building permits. WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: Mitigation Monitoring and Reporting Program Conditional Use Pennit 09-04 General Plan Amendment 08-05 Page 4 VI. HAZARDS AND HAZARDOUS MATERIALS HAZ-l: Automobiles shall be cleaned and drained prior to storage on site. HAZ-2: Cleaning and draining of all vehicles shall abide by established hazardous materials practices and standards in conjunction with all federal, state, and local laws and as identified by the State of California Auto Dismantlers Association (SCADA) Partners in the Solution Guidance Manual. IMPLEMENTATION AND VERIFICATION Throughout construction/life of the project: . Hazardous waste transporter registration through the California Department of Toxic Substances Control, . Business Emergency/Contingency Plan through the San Bernardino County Fire Department Hazardous Materials Division, . Tire storage inspections and unusable tires collected and recycled under the CalRecycle Tire Program regulated by the California Integrated Waste Management Board . Annual monitoring report based on site inspections for the NPDES General Industrial Permit overseen by the SWQCB, Santa Ana Region. COMPLIANCE RECORD When Required: Throughout the life of the project, by periodic inspections by agencies noted above. WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: Mitigation Monitoring and Reporting Program Conditional Use Permit 09-04 General Plan Amendment 08-05 Page 5 VIII. HYDROLOGY AND WATER QUALITY HWQ-l: HWQ-2: HWQ-3: HWQ-4: HWQ-5: HWQ-6: HWQ-7: HWQ-8: HWQ-9: The majority of the 4.69-acre expansion area is to be left ungraded and pervious, with the exception of the proposed semi-pervious on-site access road and turnabout. To the greatest extent feasible, existing perimeter vegetation shall remain. Infiltration trenches and a 30-foot wide intiltration detention basin will be constructed in the Expansion Area. Two of the three trenches will be hydroseeded with native, drought tolerant grasses, the third trench/fire road will include gravel to slow flows and enhance infiltration and water quality. Grasses and landscaping shall be maintained by the property owner to ensure their proper functioning. Construction of a 30-foot concrete spillway with ungrouted rock rip rap at the detention basin outlet to emulate sheet flow conditions. Install an 18-inch storm drain to direct flows from Preston Streett under the ground surface and through the Project Site to prevent surface erosion and protect water quality. The storm drain shall outlet onto ungrouted rock rip-rap to slow and disperse flows prior to exiting the property. Storm water runoff from proposed canopies on the existing site shall drain into pervious, landscaped infiltration areas to capture, filter, and reduce flows through the existing site. Storm gutters and drainage areas shall remain clean and free from trash and/or debris to ensure proper drainage. The project site, and Preston Street catch basin, shall be inspected quarterly and kept free of trash and debris to maintain proper functioning of all on-site drainage systems. Oil and other hazardous material spills shall be cleaned up immediately according to a Spill Contingency Plan, and not be allowed to penetrate the ground. Pesticide application in landscaped areas shall be performed by an applicator certified by the State of California. Outdoor material storage, work, and processing areas shall be maintained according to specifications in the California Storm water BMP Handbook. Operations shall include property owner education and an Employee Training/Education Program assisted by the California Stormwater Quality Association (CASQA) Industrial/Commercial Best Management Practices Handbook and pamphlets from San Bernardino County Flood Control. HWQ-lO: Mitigation Monitoring and Reporting Program Conditional Use Permit 09-04 General Plan Amendment 08-05 Page 6 The business owner shall prepare an operation and maintenance plan that includes inspection and maintenance of all BMPs, abiding by local requirements for self-inspection records. Operation and Maintenance for each BMP shall be fully funded by the Project owner. IMPLEMENTATION AND VERIFICATION At submittal and approval of final development plans and throughout construction/life of the project; by on-site inspections COMPLIANCE RECORD When Required: The verification shall be completed prior to construction, during grading activities, after storm events, and annually for the refresher course on education materials. The site shall be inspected daily for litter, and trash containers shall be emptied weekly. WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: Mitigation Monitoring and Reporting Program Conditional Use Permit 09-04 General Plan Amendment 08-05 Page 7 XI. NOISE N-): The developer shall ensure that all construction equipment is properly maintained with operating mufflers and air intake silencers, and locate equipment staging and storage as far as practical from the existing residences. N-2: All constructions and inspections within the right-of-way shall be restricted to occur between the hours of 7:30 a.m. to 3:30 p.m., Monday through Thursday, unless arrangement for an inspector is made at least 24 hours prior to any activity. N-3: Construction-related activities shall not occur between the hours of 7 p.m. and 7 a.m. No construction vehicles, equipment, or employees shall be delivered to, or arrive at the construction site before 7 a.m. or leave the site after 7 p.m. Construction activities shall only occur Monday through Saturday. IMPLEMENTATION AND VERIFICATION Throughout construction/on-site inspections COMPLIANCE RECORD When Required: The verification shall be completed throughout construction of the project. WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: CITY OF SAN BERNARDINO Community Development Department - Planning Division Interoffice Memorandum TO: Planning Commission -- 1.1 _ .-..,. ~.~.~. FROM: Aron Liang, Senior Planner SUBJ ECT: Agenda Item I - General Plan Amendment No. 08-05 & Conditional Use Permit No. 09-04 (Supplement to March 23, 2011 Staff Report) DATE: April 18, 2011 COPIES: M. Margo Wheeler, Director; Henry Empeiio, Jr., Senior Deputy City Attorney; Terri Rahhal, City Planner Background: A staff report recommending approval of the subject project was distributed for the March 23, 2011 Planning Commission meeting. However, the applicant requested that the item be continued to April 27, 20 II, to allow Midnight & Pick a Part Auto Recycling Center (M & PP ARC) to resolve drainage issues brought up by an adjacent property owner. The Planning Commission continued the item to April 27, 2011. M & PP ARC will resolve the drainage issues by acquiring the adjacent 4.48 acres located at the southwest comer of the project site, in the Commercial General (CG-I) land use district, and has recently negotiated a purchase agreement for the adjacent property, pending final signatures between involved parties. A revised site plan has been submitted to incorporate the 4.48-acre parcel in the M & PPARC project boundary, thus increasing the overall project size from 33.46 acres to 37.89 acres. Utilization of the 4.48-acre site will include maintaining the existing commercial uses on 1.48 acres fronting Waternlan Avenue, and adding the 3 acres of vacant land located along the southerly property boundary to the general plan amendment proposal. M & PPARC proposes to expand its auto dismantling and vehicle storage business onto the 3-acre site by constructing a large basin as an element of the water quality management plan, and adding storage area for 300 vehicles. An 8-foot fcncc consistent with the existing approved on-site interior fence is proposed to be constructed along the 3-acre site westcrly property boundary to fully screen the operation. An addendum to the proposed Mitigated Negative Declaration (MND) has been prepared to modify the project description and demonstrate that the modifications to the project would not result in any new or significantly dilTcrcnt impacts compared to those identified and/or analyzed in the original draft MND. On March 21, 2011, Community Devclopment staff conducted an inspection of the M & PP ARC site. and found that M & PPARC is in compliance with the conditions of CUP No. 99-12, including but not limitcd to parking, landscaping, on-site circulation, BMP's, and screening requirements. Staff fOllnd on-site signage to be inconsistent and some to be in poor condition and not in compliance with current standards. A sign program requirement has been added to the Conditions of Approval. The sign program will ensure sign compatibility and consistency within the site. The City and County Fire Depal1ments/Hazardous Materials Division have all verified that they have no record of any violations on the property. Memo to Planning Commission GPA 08-05 & CUP 09-04 Meeting Date: April 27. 2011 Page 2 Conclusion: Minor moditications incorporated in the project design do not affcct the Findings of Fact recommcndcd for approval of Gcneral Plan Amcndmcnt No. 08-05 and Conditional Usc Pemlit No. 01)-04, as stated in the March 23, 2011 Staff Rcport. Recommendation: Slaff recommends that the Planning Commission recommend that the Mayor and Common Council rcvicw, analyze and cxcrcisc indcpendent judgment in consideration of the Initial Study and in making a dctct111ination, and that they: I. Adopt the Mitigated Negativc Dcclaration and Mitigation Monitoring/Rcporting Program (Attachmcnt D), 2. Approve General Plan Amendment No. 08-05 based on the Findings of Fact contained in the Staff Report, and; 3. Approve Conditional Use Permit No. 09-04 based on the Findings of Fact contained in the Staff Rcport and subject to the amended Conditions of Approval (Attachment C) Attachment C: Amended Conditions of Approval Attachment 0: Mitigation Monitoring/Reporting Program ATTACHMENT C AMENDED CONDITIONS OF APPROVAL General Plan Amendment No. 08-05 & Conditional Use Permit No. 09-04 1. This approval is contingent on approval of GPA No. 08-05 to change the General Plan land use designation from Commercial General (CG-l) and Industrial Light (IL) to Industrial Heavy (IH) on 7.69 acres of vacant land located at the southerly terminus of Preston Street. This approval authorizes expansion of the existing auto dismantling and auto vehicles storage yard and to construct 17 canopies and related on-site improvements and establish auto repair service at the existing auto dismantling and vehicle storage facility located at 701 North Waterman Avenue in the Commercial General (CG-l) and Industrial Heavy (IH) land use districts. 2. Within two years of the CUP approval, commencement of construction shall have occurred or the permit/approval shall become null and void. In addition, if after commencement of construction, work is discontinued for a period of one year, then the permit/approval shall become null and void. However, approval of the Conditional Use Permit does not authorize commencement of construction. All necessary permits must be obtained prior to commencement of specified construction activities included in the Conditions of Approval. Expiration Date: 2 years from effective date of approval by the Mayor and Common Council 3. The review authority may, upon application being filed 30 days prior to the expiration date and for good cause, grant a one-time extension not to exceed 12 months. The review authority shall ensure that the project complies with all current Development Code provisions. 4. In the event this approval is legally challenged, the City will promptly notify the applicant of any claim, action or proceeding and will cooperate fully in the defense of this matter. Once notified, the applicant agrees to defend, indemnify and hold harmless the City of San Bernardino (City), the Economic Development Agency of the City of San Bernardino (EDA), any departments, agencies, divisions, boards or commission of either the City or EDA as well as predecessors, successors, assigns, agents, directors, elected officials, ofticers, employees, representatives and attorneys of either the City or EDA from any claim, action or proceeding against any of the foregoing persons or entities. The applicant further agrees to reimburse the City of any costs and attorneys' fees which the City may be required by a court to pay as a result of such action, but such participation shall not relieve applicant of his or her obligation under this condition. The costs, salaries, and expenses of the City Attorney and employees of his office shall be considered as "attorneys fees" for the purpose of this condition. GPA No. 08-05 & CUP No. 09-04 Hearing Date: February 23, 201 I As part of the consideration for issuing this penn it, this condition shall remain in effect if this Conditional Use Pennit is rescinded or revoked, whether or not at the request of applicant. 5. All development shall be in substantial confonnance to submitted plans date stamped April 4, 2011. 6. Modification to the planes) shall be subject to the applicable provIsions of the Development Code Chapter 19.60, Minor Modifications. 7. This approval shall be subject to all the applicable provisions of the Development Code Chapter 19.20, Property Development Standards. 8. The project shall comply with the requirements of other outside agencies, as applicable (e.g. State Board of Equalization, State Integrated Waste Management Board, DMV San Bernardino County Department of Environmental Health, etc.). 9. Signs are not approved as part of this pennit. Prior to establishing any new signs or replacing existing signs, the applicant shall submit an application and receive approval of a Sign Pennit from the Planning Division. Banners, flags, pennant, and similar signs are pennitted only by a Temporary Sign Pennit. Signs/banners shall not be placed on or over the roof or within landscaped areas and shall not encroach into the public right-of-way. 10. (*) A sign program and plans for new confonning signs shall be submitted for review and approval by the Planning Division prior to final sign-off of proposed site improvements. Placement and design of future signs shall be consistent with the approved sign program. 11. The facility operator, property owner, and property management shall be responsible for regular maintenance of the project site. The site shall be maintained in a clean condition and free of litter and any other undesirable material(s). Vandalism, graffiti, trash and other debris shall be removed and cleaned up within 48 hours. 12. Noise from bells or loud speakers shall not exceed 65 dBA at the property line at any time. 13. Interior walls/fencing shall be consistent/compatible with the existing walls/fencing approved under CUP No. 99-12. 14. A 6-foot wrought iron fence with screening consistent with Section 19.28.040 (3) (A), Opaque Screen, Type A shall be constructed along Preston Street. 15. All vehicles associated with the business shall be parked or stored on-site and not on the adjoining street. GPA No. 08-05 & CUP No. 09-04 Hearing Date: February 23. 2011 16. All exterior lighting shall be energy efficient with the option to lower or reduce usage when the facility is closed. Any electric signage may be required to be turned otT when the business is closed. 17. If vending machines (snacks, sodas, etc.) are located on the site, they shall be located inside the building. 18. If public pay phones are located on the site, they shall be located inside the building and tixed for outgoing calls only. 19. Submittal requirements for permit applications (building, site improvements, landscaping, etc.) to Building Plan Check and/or Public Works/Engineering shall include all Conditions of Approval (Attachment C) and mitigation measures in Attachment D issued with the Conditional Use Permit Approval printed on the plans. 20. The project is subject to all applicable mitigation measures contained in the Mitigation Monitoring/Reporting Program (Attachment D) incorporated herein by reference. 21. All Conditions of Approval shall be implemented and/or completed prior to tinal inspection and issuance of a tinal sign off. 22. All construction plans for the project shall be consistent with the approved detention basin design and hydrology report submitted by Joseph E. Bonadiman and Associates dated January 19,2011 and the addendum to the Water Quality Management Plan and Hydrology Study dated April 5,2011. 23. The public drainage captured off of Preston Street shall be conveyed according to plan Warm Creek to the satisfaction of the City Engineer. 24. The Full Categorical Water Quality Management Plan (WQMP) submitted by Joseph Bonadiman and Associates, dated 1108/20 II has been reviewed and accepted for this project. The overall project scope for the site will disturb more than an acre of land; therefore a Storm Water Pollution Prevention Plan (SWPPP) will be required before grading permit issuance. 25. An Erosion Control Plan is required to be submitted with the grading plan for review and approval by the Director of Community Development prior to issuance of the grading permit. 26. An on-site Improvement Plan is required for this project and can be incorporated with the grading plan. The plan shall conform to all requirements of Section 15.04-167 of the Municipal Code (See "Grading Policies and Procedures"). 27. The Fire Department gravel access road shall be used for emergency purposes only. GPA No. 08-05 & CUP No. 09-04 Hearing Date: Februwy 23, 2011 28. Utility services shall be placed underground and easements provided as stated in Section 19.20.030 of the Development Code. 29. Existing Utilities which interfere with new construction shall be undergrounded pursuant to Development Code Section 19.20.030 (27), Underground Utilities. 30. Construct curb, gutter and sidewalk on Preston Street per City Standard adjacent to the site. 31. Construct Driveway Approaches per City Standard No. 204, Type II, including an accessible by-pass around the top of the drive approach on Preston Street. Remove existing driveway approaches that are not part of the approved plan and replace with full height curb, gutter and sidewalk. 32. Construct an off-set cul-de-sac at the end of Preston Street. Adequate right of way shall be dedicated to accommodate the bulb radius, curb line and sidewalk as approved by the City Engineer. 33. The pavement at the end of Preston Street shall be rehabilitated to accommodate the cul- de-sac design using a strategy approved by the City Engineer. 34. Install one Street Light adjacent to the project site on Preston Street in accordance with City Standard. 35. Electronic files of all public improvement plans/drawings shall be submitted to the City Engineer. The files shall be compatible with AutoCAD 2000, and include a .DXF file of the project. Files shall be on a CD and shall be submitted at the same time the final mylar drawings are submitted for approval. C*) Added April 27, 2011 "End of Attachment C" ATTACHMENT D MIDNIGHT & PICK-A-PART CONDITIONAL USE PERMIT 09-04 GENERAL PLAN AMENDMENT 08-05 MITIGATION MONITORING REPORTING PROGRAM This Mitigation Monitoring and Reporting Program was prepared to implement the mitigation measures outlined in the Draft and Final Initial Study (herein Final Initial Study) for Conditional Use Permit No. 09-04 and General Plan Amendment No. 08-05. This program has been prepared in compliance with the Califomia Environmental Quality Act (CEQA), and the State and City of San Bernardino CEQA Guidelines. CEQA Section 21081.6 requires adoption of a monitoring and/or reporting program for those measures or conditions imposed on a project to mitigate or avoid adverse effects on the environment. The law states that the monitoring or reporting program shall be designed to ensure compliance during project implementation. The Mitigation Monitoring and Reporting Program contains the following elements: I. The mitigation measures are recorded with the action and procedure necessary to ensure compliance. The program lists the mitigation measures contained within the Initial Study. 2. A procedure for compliance and verification has been outlined for each mandatory mitigation action. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported. 3. The program contains a separate Mitigation Monitoring and Compliance Record for each action. On each of these record sheets, the pertinent actions and dates will be logged, and copies of pemlits, correspondence or other data relevant will be retained by the City of San Bemardino. 4. The program is designed to be flexible. As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program. If changes are made, new monitoring compliance procedures and records will be developed and incorporated into the program. The individual measures and accompanying monitoring/reporting actions follow. They are numbered in the same sequence as presented in the Final Initial Study. l\'litigation ~vlonitoring and Reporting Program Conditional Use Permit 09-04 General Plan Amendment OS-05 Page 2 :\lITIGATION MEASURES V. CULTURAL RESOURCES CR-l: Should any historical resources be unearthed during grading, a qualified historic archaeologist shall be contacted to determine the significance and make recommendations to the City of San Bemardino for appropriate mitigation In compliance with the guidelines of the Califomia Environmental Quality Act. CR-2: Should paleontological resources be unearthed during grading, a qualified paleontologist shall be contacted to detenlline the signiticance, and make recommendations to the City of San Bemardino for appropriate mitigation in compliance with the guidelines of the Califomia Environmental Quality Act. CR-3: If human remains of any kind are found during grading activities, all activities must cease immediately and the San Bemardino County Coroner and a qualified archaeologist must be notified. The Coroner will examine the remains and determine the next appropriate action based on his or her findings. If the archaeologist detem1ines the remains might be of Native American origin, he or she will notify the Native American Heritage Commission. The Native American Heritage Commission will then identify the most likely descendants to be consulted regarding treatment and/or reburial of the remains. If a most likely descendant cannot be identified, or the most likely descendant fails to make a recommendation regarding the treatment of the remains within 48 hours after gaining access to them, the contractor shall rebury the Native American human remains and associated grave goods with appropriate dignity as recommended by the archaeologist or the NAHC on the property in a location not subject to further subsurface disturbance. IMPLEMENTATION AND VERIFICATION Planning staff shall verify implementation of the above mitigation measures. COMPLIANCE RECORD When Required: The verification shall be completed prior to completion of any grading. WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: ~'litigation Monitoring and Ri..'porting Program Conditional Use Pi..'rmit 09-04 General Plan Amendment 08-05 Page J VI. GEOLOGY AND SOILS GEO-l: Per Section 15.08.060 Item No.5 of the City of San Bernardino Building Code, all canopy plans for this project shall be signed by a registered Civil Engineer and shall contain a statement to the etTect that the structure has been dcsigned to withstand liqucfaction. IMPLEMENTATION AND VERIFICATION At submittal and approval of final dcvelopmcnt plans to be vcrified by Building Plan Check staff. COMPLIANCE RECORD Whcn Required: The verification shall be completed prior to issuance of building permits. WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: Mitigation Monitoring and Reporting Program Conditional Use Permit 09-04 General Plan Amendment 08-05 Page 4 VI. HAZARDS AND HAZARDOUS MATERIALS HAZ-l: Automobiles shall be cleaned and drained prior to storage on site. HAZ-2: Cleaning and draining of all vehicles shall abide by established hazardous materials practices and standards in conjunction with all federal, state, and local laws and as identified by the State of California Auto Dismantlcrs Association (SC ADA) Partners in the Solution Guidancc Manual. IMPLEMENTATION AND VERIFICATION Throllghout construction/life of the project: . Hazardous waste transporter registration through the California Department of Toxic Substances Control, . Business Emergency/Contingency Plan through the San Bernardino County Fire Department Hazardous Materials Division, . Tire storage inspections and unusable tires collected and recycled under the CalRecycle Tire Program regulated by the California Integrated Waste Management Board . Annual monitoring report based on site inspections for the NPDES General Industrial Pennit overseen by the SWQCB, Santa Ana Region. COMPLIANCE RECORD When Required: Throughout the life of the project, by periodic inspections by agencies noted above. WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: Mitigation Monitoring and Reporting Program ConditionallJsc Permit 09-04 General Plan Amendment 08-05 Page 5 VIII. HYDROLOGY AND WATER QUALITY HWQ-I: HWQ-2: HWQ-3: HWQ-4: HWQ-5: HWQ-6: HWQ-7: HWQ-S: HWQ-9: The majority of the 4.69-acre expansion area is to be left ungraded and pervious, with the exception of the proposed semi-pervious on-site access road and tumabout. To the greatest extent feasible, existing perimeter vegetation shall remain. Infiltration trenches and a 30-foot wide infiltration detention basin will be constructed in the Expansion Area. Two of the three trenches will be hydroseeded with native, drought tolerant grasses, the third trenchilire road will include gravel to slow flows and enhance infiltration and water quality. Grasses and landscaping shall be maintained by the propel1y owner to ensure their proper functioning. Construction of a 30-foot concrete spillway with ungrouted rock rip rap at the detention basin outlet to emulate sheet flow conditions. Install an IS-inch storm drain to direct flows from Preston Streett under the ground surface and through the Project Site to prevent surface erosion and protect water quality. The storm drain shall outlet onto un grouted rock rip-rap to slow and disperse flows prior to exiting the property. StOlm water runoff from proposed canopies on the existing site shall drain into pervious, landscaped infiltration areas to capture, filter, and reduce flows through the existing site. Stonn gutters and drainage areas shall remain clean and free from trash and/or debris to ensure proper drainage. The project site, and Preston Street catch basin, shall be inspected quarterly and kept free of trash and debris to maintain proper functioning of all on-site drainage systems. Oil and other hazardous material spills shall be cleaned up immediately according to a Spill Contingency Plan, and not be allowed to penetrate the ground. Pesticide application in landscaped areas shall be perfomled by an applicator certified by the State ofCalifomia. Outdoor material storage, work, and processing areas shall be maintained according to specifications in the Califomia Stormwater 8MP Handbook. Operations shall include property owner education and an Employce Training/Education Program assisted by the Califomia Stonnwater Quality Association (CASQA) Industrial/Commercial Best Management Practices Handbook and pamphlets from San Bernardino County Flood Control. HWQ-lO: \1itigation :v1onitoring and Reporting Program Conditional Use Permit 09-04 General Plan Amendment 08-05 Page 6 The business owner shall prepare an operation and maintenance plan that includes inspection and maintenance of all BMPs, abiding by local requiremcnts for sclt:inspcction records. Operation and Maintenance for each BMP shall be fully funded by the Projcct owner. I"'IPLEMENTATION AND VERIFICATION At submittal and approval of final dcvelopment plans and throughout construction/life of the project; by on-sitc inspections. COMPLIANCE RECORD When Required: The verification shall be completcd prior to construction, during grading activities, after stann events, and annually for the refresher course on education materials. The site shall be inspected daily for litter, and trash containers shall be emptied weekly. WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: XI. NOISE Mitigation Monitoring and RL'porting Program Conditional L'se Permit 09-04 General Plan Amendment 08-05 Page 7 N-l: The developcr shall cnsurc that all construction cquipment is propcrly maintaincd with operating mufflers and air intake silcnccrs, and locate equipment staging and storage as far as practical from the existing rcsidcnccs. N-2: All constructions and inspections within the right-ot~way shall bc rcstricted to occur bctween the hours of 7:30 a.m. to 3:30 p.m., Monday through Thursday, unless arrangcmcnt for an inspcctor is made at least 24 hours prior to any activity. N-3: Construction-related activities shall not occur between the hours of 7 p.m. and 7 a.m. No construction vehicles, equipment, or employees shall be delivered to, or arrive at the construction site before 7 a.m. or leave the site after 7 p.m. Construction activities shall only occur Monday through Saturday. IMPLEMENTATION AND VERIFICATION Throughout construction/on-site improvements. COMPLIANCE RECORD Whcn Required: The verification shall be completed throughout construction phase of the projcct. WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: ADDENDUM TO THE INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FOR THE MIDNIGHT & PICK-A-PART AUTO RECYCLING CENTER CUP 09-04 and GPA 08-05 I. PURPOSE This document is prepared as an addendum to the Negative Declaration/Initial Study titled City olSall Bemardillo IlIitia! Stlllzv.!or Midnight & Pick-A-Part Allto Recyclillg Center Conditiona! Use Permit 09-04 Genera! P!all Amendment 08-05. A Notice of Determination, that An Initial Study/Mitigated Negative Declaration (IS/MND) was prepared for the moditication and expansion of the Midnight & Pick-A-Part Auto Recycling Center, was filed with the Clerk of the County Board of Supervisors on January 28,201 I. This addendum has been prepared pursuant to Section 15 I 64 of the CEQA Guidelines which provides for the use of this form of environmental documentation when only minor technical changes or additions are necessary. The Guidelines indicate that an addendum need not be circulated for public review but can be included in or attached to the adopted IS/MND. This document has not been re-circulated due to the minor change that is currently proposed. This addendum addresses a minor modification to the project description. This document evaluates the differences, if any, in potential environmental impacts considered in the previous focused assessments and IS/MND. II. ENVIRONMENTAL SETTING Refer to the IS/MND on file at the City of San Bernardino Planning Department. No changes to the environmental setting were identified as a result of this addendum. III. PROPOSED PROJECT CHANGE Subsequent to the City's adoption of the IS/MND for the proposed expansion, the applicant is requesting that two adjacent parcels be added to the CUP and GP A application, including a 3.0-acre parcel that is currently vacant and located southwest and adjacent to the Project Site, and a IA8-acre parcel, located adjacent and west of the 3.0-acre parcel, that is currently developed with commercial uses. The 3.0-acre parcel would be used for temporary storage of pre-processed automobiles associated with the existing business expansion, and a water quality basin. The IA8-acre parcel would continue to be used for commercial office purposes with no improvements or changes to its existing use. A concurrent GPA application has been filed with the City of San Bernardino to change the existing zoning of the 3.0-acre parcel from General Commercial (CG-I) to Heavy Industrial (IH). The 1.48-acre parcel would remain General Commercial (CG-I). Changes to the Project Description are shown below and are shown with a strike tRroll);h for deleted text and double underline for new text. American Team, LLC is proposing modilication and expansion to its Midnight & Pick-A-Part Auto Recycling Center located on the east side of Waterman Avenue between 6'" and 9'" streets in the City of San Bernardino. The existing facility is an aoto dismantling and recycling center; site moditications mclude the construction of 17 new canopies; the addition of 1,118 square feet of I y,-inch metal siding to an existing l..::.lI10py; and various on-site improvements including fencing and gravel access roads. The Project also includes the approval ofa new Conditional Use Permit (CUP) to include 12,500 square feet of auto repair space at the existing 28.77-acre site, and expansion of the existing auto recycling business onto: 1) 4.69 acres of vacant land, adjacent to the east, at the southerly terminus of Preston Street;. 2) J.QQc.r~s of vQ,"ll!.I"nd adjacenUgtho9uthwes\; ,md.3). Q. 1 .;!~a.w:s.. Q.[ ~()!1lnlg,jQU.l' d~yeJOPl;dJi!.l]dildjQ,elll .aml west9ftl1i:),Q'Q,repar~eL The 7.62,acre (4,p.9:.asse parceJQD<l3.Q;il<;r~ parc~!l Expansion Area would be used ~ for the storage of cleaned and drained automobiles (a.~~<les,xil1~~~ll'.Jnilii!!):;tudY1the temp{lrary storage oJ ".;hicle:;,t!]"t hav,no.! beenAr;1i[)gg, andQ[)~ap1:>r9Ximilte 1.~,.,tcI~l\':.at.;r qj.Li!!jty basin. The basm wouJcJ bl; COll~ll].1.c.t,d \'iithj'-"lQ1;im\l!119wthc.QLthr.;et):~.L\;\'it.l1a.t()!al c..ap!urel'Q1umc QU.S3 acre,t~e! The. I A~,acre parH !i~cl)rrenllycjevelQP.\'sL \VJthc9mmerc iaJ ()tIi,~ilJ1J.i\V.Q"I~ re!1}'!i'las. slt<;h, The expansion also includes the construction of a Preston Street cuI-dc-sac, the addition of two new lire hydrants, and storm water drainage improvements. The proposed expansion would require the approval of a General Plan Amendment (GPA) and Zone Change, from Industrial Light "IL" (APNs 0278-151-02, 03 & 23) and Commercial General "CG-I" (APN 0278-151-01 ilmL027_S,Jil--lf.1) to Industrial Heavy "IH". The IA8:;"II;1:>Qrcl'lw()~]cjremaitLwithjts cl!rr!;,!).LdesjgnaliQl1ofQ.~.Ilera.1C.QmmeJciaL(i:'~Q.: II IV. ENVIRONMENTAL EVALUATION The purpose of this addendum is to address any impacts associated with the includsion of additional adjacent, automobile storage and an approximate 1.5-acre water quality basin on 3.0 acres of vacant land, and the acquisition of lAS-acres of adjacent, developed commercial property (see Figure I). The following section summarizes the evaluation of the change in automobile storage from 4.69-acres to 6.l9-acres (I.5 acres of the 3.0-acre parcel), a new 1.5-acre water quality basin (remaining 1.5 acres of the 3.0-acre parcel), and the acquisition of 1.48-acres of developed commercial property to remain as such. Aesthetics The previous IS/MND detemlined that the proposed expansion would have "no impact" on scenic vistas and scenic resources as nOne occur at the Project Site or surrounding area, and would not introduce a new source of light or glare at the Project Site. As stated within the previous IS/MND, no on-site lighting is proposed for the Expansion Area as activities would be restricted to daylight hours. Site improvements or the storage of cars would not create a source of day or nighttime glare. Impacts to the visual character of the site were detemlined to be less than significant. As dctennined in the previous IS/MND, the Expansion Area is located on interior lots so views of this area are vcry Iimitcd. Use of the Expansion Area for car storage would not be out of character with adjaccnt industrial land uses. The addition of 1.5 acrcs of car storage would be in an interior area, and the construction of a water quality basin would not impact views of the area given the relatively flat surrounding topography (less than two percent slope), and would not be visible from ncarby roadways (i.e., Waterman Avenue). Therefore, no substantial change to the approved analysis or conclusions would result to Aesthetics. Agriculture 2 The previous IS/MND concluded that implementation of the Project would not convert Prime Farn1land, Unique Farmland, or Farn11and of Statewide Importance as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency. No mitigation measures were required. The addition of 1.5 acres of expansion area to temporarily store cars, a 1.5-acre watcr quality basin, and acquisition of 1.48 acres of currently developed land would not change the results of detern1inations set forth in the prcvious IS/MND. No impacts to agriculture resources would result. Air Quality The previous IS/MND detern1ined that expansion of the existing Midnight Pick-A-Part would have a "less than significant impact on"; air quality standards; cumulatively considerable net increase of a criteria pollutant; exposure to substantial pollutant concentrations; and/or creation of objectionable odors affecting a substantial number of people, and "no impact" on conflicting with or obstruction with the implementation of the applicable air quality plan. The original IS/MND analyzed the development of 17 pern1anent canopies, two private fire hydrants, gravel roadways and vehicle storage area and vegetated and non-vegetated drainage facilities. The site development and construction was screened using SCAQMD "Rule Book" guidelines, and SCAQMD Off-Road Mobile Source Emissions Factors (2011). The original analysis of air quality emissions was updated to reflect the addition of 1.5 acres of automobile storage and construction of an approximate 1.5-acre water quality basin. The updated air quality analysis also reflects an additional 14 average daily trips for a total of 29 average daily trips when added to the original Project. Changes to the project's construction emissions are presented in Tables I and 2 below and are shown with a strike thrOlolgh for deleted text (original Project) and double underline for new text (new Project). Table I Construction Emissions On-Site Imorovements (Pounds oer Day) Source' ROG NO, CO PMIO PM2.5 Water Truck g,; ;W -H ~ ~ 0.5 4.5 L.6 0.2 0.19 Loader/Backhoe G,.& ~ ,hl- M g,; l.l 8.6 4.0 {U 0.4 Scraper/Grader U ~ l).,9 1.0 0.9 2.5 21.6 9.6 Other Material Handling Equipment .J-A H,(l ~ M 0.5 1,1 12.1 4.2 0.54 Totals (Ibs/day) Y 44.f t&+ ~ ~ SA :lu.a 1.2A U4 W SCAQMD Threshold 75 100 550 150 55 Significant No No No No No , SCAQMD Off-Road Mobile Source EmISSions Factors (2010) 3 Table 2 Construction Emissions "Import/Export" (Pounds per Day) RO NO, G,& ~ 1.1 8.6 h9 ~ 2.9 28.8 ~ J.Ml 4.0 37.4 75 100 No No SOI//'ee Loader' Haul Trucks' Totals (Ibs/day) SCAQMD Threshold Significant CO H 4.0 ~ 10.1 H..+ 14.1 550 No PM 10 ().4 0.5 +oJ 3.8 .J-.1 4.3 150 No I SCAQMD Off Road Mobile Source EmIssIons Factors (2010) 2 Emission F<.Iclors for On-Road Heavy-Heavy Duly Diesel Trucks (Emf3c 2(10) PM2.5 ~ 0.4 +oJ 2.3 .J..{j 2.7 55 No As shown in Tables I and 2 Project emissions would remain less than significant, as concluded in the previous IS/MND, and would not exceed SCAQMD thresholds. No mitigation measures were proposed, however the applicant was required to comply with all applicable SCAQMD rules and regulations as the South Coast Air Basin is in non-attainment status for ozone and suspended particulates (PMIO). The Project shall continue to comply with Rules 402 (nuisance) and 403 (fugitive dust), that require the implementation of Best Available Control Measures (BACM) for each fugitive dust source, and the Air Quality Management Plan (AMCP), which identifies Best Available Control Technologies (BACT) for area sources and point sources, respectively. This would include, but not be limited to the following: ]. The project proponent shall ensure that any portion of the Site to be graded shall be pre- watered prior to the onset of grading activities. (a) The project proponent shall ensure that watering of the Site or other soil stabilization method shall be employed on an on-going basis after the initiation of any grading activity on the Site. Portions of the Site that are actively being graded shall be watered regularly to ensure that a crust is formed on the ground surface, and shall be watered at the end of each workday. (b) The project proponent shall ensure that all disturbed areas are treated to prevent erosion. (c) The project proponent shall ensure that landscaped areas are installed as soon as possible to reduce the potential for wind erosion. (d) The project proponent shall ensure that all grading activities are suspended during first and second stage ozone episodes or when winds exceed 25 miles per hour. As detennined in the original IS/MND, exhaust emissions from construction vehicles and equipment and fugitive dust generated by equipment traveling over exposed surfaces, would increase NOx and PM 10 levels in the area. Although the Proposed Project was found not to exceed SCAQMD thresholds during construction, the Project proponent was required and would 4 continue to be required by the additional expansion area to implement the following conditions as required by SCAQMD: 2. To reduce emissions, all equipment used in grading and construction must be tuned and maintained to the manufacturer's specification to maximize efficient burning of vehicle fuel. 3. The project proponent shall ensure that construction personnel are infornled of ride sharing and transit opportunities. 4. The operator shall maintain and effectively utilize and schedule on-site equipment in order to minimize exhaust emissions from truck idling. 5. The operator shall comply with all existing and future CARS and SCAQMD regulations related to diesel-fueled trucks, which may include among others: (l) meeting more stringent emission standards; (2) retrofitting existing engines with particulate traps; (3) use of low sulfur fuel; and (4) use of altemative fuels or equipment. Biological Resources The previously approved IS/MND detennined that the expansion of the eXlstmg Midnight Pick-A-Part would not have an 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 the United States Fish and Wildlife Service (USFWS). In addition, the IS/MND detemlined that no riparian habitat occurs on or near the Project Site, and the Project was found not have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act. The original IS/MND concluded that wildlife movement near the Site has been restricted by heavy roadway traffic (i.e., Waternlan Avenue). The Site is completely devoid of native habitat and, with the exception of some highly disturbed vacant parcels to the east, is surrounded by dense development and unlikely to provide an important location relative to regional wildlife movement. The previous Project was determined not to contlict with the provisions of an adopted habitat conservation plan, natural community conservation plan, or other approved local, regional, or state habitat conservation plan because no such plan has been adopted in the area of the Project Site. The proposed expansion of the car storage area, the addition of an approximate 1.5-acre water quality basin, and the acquisition of I.4S-acres of existing commercially developed land would occur adjacent to the existing Midnight Pick-A-Part, and would not involve modifications to the areas detel111ined to have biological resources. No mitigation measures were proposed in the original IS/MND and none would be required for the additional expansion area. The Project Site is completely devoid of native habitat and, with the exception of some highly disturbed vacant parcels to the east, is surrounded by dense development and unlikely to provide an impol1ant location relative to regional wildlife movement. Therefore, the additional expansion area would not change the previous analysis of the approved IS/MND for biological resources. Cultural Resources A Phase I Cultural Resources Investigation prepared for the Project Site by McKenna et al in October 20 I 0 revealed a high potential for historic resources on-site. The records search included 5 the area in the vicinity of the additional J.G-acre and IA8-acre parcels. The previous IS/MND concluded that the site of the existing Midnight Pick-A-Park is not located in a designated area of concern for Archaeological Resources. Mitigation measure CR-I was incorporated to reduce potential impact to historical resources. Although the previous IS/MND concluded that the Project Area was not considered sensitive for the presence of paleontological resources, Mitigation Measure CR-2 was required to ensure that impacts to potentially unknown resources would be reduced to a less than significant level, and Mitigation Measure CR-J addressed potential impacts II'om the disturbance of human remains. These three mitigation measures are provided below: CR-l: Should any historical resources be unearthed during grading, a qualified historic archaeologist shall be contacted to deternline the significance and make recommendations to thc City of San Bcrnardino for appropriatc mitigationmcasures in compliance with the guidelines of the California Environmental Quality Act. CR-2: Should paleontological resources be unearthed during grading, a qualified vertebrate paleontologist shall be contacted to deternline the significance, and make recommendations to the City of San Bernardino for appropriate mitigation measures in compliance with the guidelines of the California Environmental Quality Act. CR-J: If human remains of any kind are found during mining activities, all activities must cease immediately and the San Bernardino County Coroner and a qualified archaeologist must be notified. The Coroner will examine the remains and determine the next appropriate action based on his or her findings. [I' the coroner determines the remains to be of Native American origin, he or she will notify the Native American Heritage Commission. The Native American Heritage Commission will then identify the most likely descendants to be consulted regarding treatment and/or reburial of the remains. If a most likely descendant cannot be identified, or the most likely descendant fails to make a recommendation regarding the treatment of the remains within 48 hours after gaining access to them, the contractor shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further subsurface disturbance. The above mitigation measures shall be applied to the additional J.G-acre and 1.48-acre expansion areas. The proposed 1.5 acres of additional automobile storage, new 1.5-acre water quality basin would involve minor modifications to the project site however implemcntation of mitigation measures CR-I through CR-J would ensure potential impacts to cultural resources are reduced to a less than significant level. Conclusions of the original IS/MND remain the same. No additional mitigationl11easures would be required. Geology and Soils 6 The previous IS/MND detel1nined that the expansion of the eXlstlllg Midnight Piek-A-PaI1 1~lcility would have a "less than significant" impact from: I) grading and other earthmoving activities; 2) expose people or structures to potential substantial adverse effects; 3) be located within an Alquist-Priolo Earthquake Fault Zone; or 4) result in substantial soil erosion or the loss of topsoil. The original IS/MND concluded that the Project would have "no impact" or modify any unique physical feature at the site. The Project Site was deternlined to occur within an area detennined to have a high potential for both liquefaction and ground subsidence. Mitigation :Ylcasure GEO-l was incorporated to reduccd impacts to a Icss than significant level, and is provided below: GEO-l: Per Section 15.08.060 Item No.5 of the City of San Bernardino Building Code, all canopy plans for this project shall be signed by a rcgistered Civil Engineer and shall contain a statement to the effect that the building has been designed to withstand Iiqucfaction. Because the additional 3.0-acre expansion area would not involve the construction of canopies, and the 1.48-acre existing commercial area would not involve any modifications, no additional mitigation measures would be required. The proposed 1.5 acres of additional automobile storage area, and new 1.5-acre water quality basin would involve minor modifications to the project site. However conclusions within the originallS/MND would remain the same. Greenhouse Gas Emissions As deternlined in the previous IS/MND, the expansion of the existing Midnight Pick-A-Park facility would have a "less than significant" impact on: I) the generation of greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment, and 2) conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the cmissions of greenhouse gases. The proposed 1.5 acres of additional automobile storage area, and new 1.5-acre water quality basin would involve minor modifications to the project site, however it would not modify conclusions reached in the previous IS/MND for greenhouse gas emissions. No mitigation measures would be required. Hazards and Hazardous Materials The previous IS/MND concluded that the expansion site area would have a "less than significant" impact for being located on a site which is included on a list of hazardous materials sites, or located in an airport land use plan. "No impact" was deternlined for the potential impainncnt or physical interference with an adopted emergency response plan or emergency evacuation plan, or exposure to risk of wildfires. A "less than significant impact with mitigation incorporated" was detennined for the creation ofa significant hazard to the public /environmcnt through the routine transport, use, or disposal of hazardous materials, being located within one-quarter mile of an existing school, and the creation of a significant hazard through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. The impacts for potential hazardous materials routine transport, location within one-quarter mile of a school, and the creation of a 7 significant hazards through foreseeable upset were addressed by Mitigation Measures HAZ-I and HAZ-2 as shown below: HAZ-I: Automobiles shall be required to be cleaned and drained prior to storage at the 4.69-acre Expansion Area. HAZ-2: Cleaning and draining of all vehicles shall abide by established hazardous materials practices and standards in conjunction with all federal, state, and local laws and as identified by the State of Cali fomi a Auto Dismantlers Association (SCADA) Partners in Solution Guidance Manual. The additional 1.5 acres would be used for the storage of automobiles however, within this specific area automobiles may not be cleaned and drained. All runoff from the 1.5-acre parcel would drain to the approximately 1.5-acre water quality basin, and secondary containment measures will be implemented for potential leaks (i.e. pans under cars, etc.). The basin would be cleaned periodically to ensure it is properly functioning. There would also be BMPs in place to prevent /luids from contaminating runoff (see Mitigation Measures HWQ-I through HWQ-IO). According to the City's NPDES staff, these design features are acceptable and would ensure potential impacts are less than signi fieant. With project-specific design features, as described above, the proposed 1.5 acres of additional automobile storage, new 1.5-acre water quality basin, and acquisition of an existing commercially developed parcel, would not result in any changes to the conclusion of the original IS/MND associated with hazardous material. No additional mitigation measures would be required. Hydrology and Water Quality The previous IS/MND detemlined that the expansion of the existing Midnight Pick-A-Part facility would have "no impact" on: housing placed within a 100-year flood zone, being placed within a IOO-year flood zone, or inundation by seiche, tsunami, or mudflow. A "less than significant impact" was determined for: I) substantially depleting groundwater supplies or interfere substantially with groundwater recharge; 2) substantially alter the existing drainage pattem of the site or area; 3) substantially increase the rate or amount of surface runoff in a manner which would result in /looding on- or off-site; 4) the exposure of people or stmctures to risks involving flooding; 5) the creation or contribution of runoff water which would exceed the capacity of existing or planned stonnwater drainage systems or provide substantial additional sources of polluted runoff; or 6) otherwise degrading water quality. A "less than significant impact with mitigation incorporated" was determined on violation of water quality standards, and the following mitigation mcasure was required to address the impact: HWQ-1: The majority of the 4.69-acre expansion area is to be leflungraded and pervious, with the exception of the proposed semi-pervious on-site access road and turnabout. To the greatest extent feasible, existing perimeter vegetation is to rcmam. HWQ-2: Infiltration trenches and a 30-foot wide infiltration detention basin will be constructed in the Expansion Area. Two of the three trenches will be hydroseeded with native, drought tolerant grasses, the third trench/fire road will include gravel, 8 HWQ-3: HWQ-4: HWQ-5: HWQ-6: HWQ-7: HWQ-8: HWQ-9: HWQ-IO: to slow flows and enhance infiltration and water quality. Grasses and landscaping shall be maintained by the property owner to ensure their proper functioning. Construction of a 30-foot concrete spillway with ungrouted rock rip rap at the detention basin outlet to emulate sheet !low conditions. Installation of an 18-inch stornl drain to direct flows from Preston Street direct under the ground surface and through the Project Site to prevent surface erosion and protect water quality. Storm drain outlet onto ungrouted rock rip-rap will slow and disperse flows prior to exiting the property. Stoml water runoff from proposed canopies on the Existing Site will drain into pervious, landscaped infiltration areas to capture, filter, and reduce !lows through the existing Site. Stonn gutters and drainage areas shall remain clean and free from trash and/or debris to ensure proper drainage. Project Site, and Preston Street catch basin, shall be inspected quarterly and kept free of trash and debris to maintain proper functioning of all on-site drainage systems. Oil and other hazardous material spills shall be cleaned up immediately according to a Spill Contingency Plan, and not be allowed to penetrate into the ground. Pesticide application in landscaped areas shall be perfonned by an applicator certified by the State of California. Outdoor material storage, work, and processing areas will be maintained according to specifications in the California Stonnwater BMP Handbook. Operations shall include property owner education and an Employee Training/Education Program assisted by the California Stonnwater Quality Association (CASQA) Industrial/Commercial Best Management Practices Handbook and pamphlets from San Bernardino County Flood Control. Business owner shall prepare an approved Operation and Maintenance Plan that includes inspection and maintenance of all BMPs, abiding by local requirements for self-inspection records. Operation and Maintenance for each BMP shall bc fully funded by the Project owner. With project-specific mitigation, as listed above, the proposed 1.5 acres of additional automobile storage, new 1.5-acrc water quality basin, and acquisition of an existing commercially developed parcel, would not result in any changes to the conclusion of the original IS/MND associated with water quality at the Project Site. No additional mitigation measures would be required. Land Use and Planning 9 The previous IS/MND determined that the expansion of the eXlstlllg Midnight Pick-A-Part facility would have "no impact" on: dividing an established community; conflict with any applicable habitat conservation plan or natural community conservation plan; be developed within the Hillside Management Overlay District; be developed within Foothill Fire Zones A, B, or C; or be developed within the Airport Influence Area. A "less than significant impact" was detennined for the Project's potential conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project. The previous IS/MND included review of a General Plan Amendment to change the Project Expansion Area land use designation from Commercial General (CG-I) to Industrial Heavy (lH), and Industrial Light (lL) to Industrial Heavy (IH). The 3.0-acre expansion area is adjacent to the existing Midnight Pick-A-Part and is currently zoned General Commercial (CG-l). The GPA would change the designation from CG-l to Industrial Heavy (H-I). In addition, the GPA would not detrimentally affect the adjacent 1.48-aere CG-I area to the west, as the parcel is, again, contiguous to an existing Industrial Heavy area. As discussed in the previous MND, recycled automobile storage is passive, nonodiferous, and generally quiet, impacts to adjacent land uses would be less than significant. With approval of the proposed General Plan Amendment by the San Bernardino City Council, no conflict with the General Plan would occur; therefore, the conclusion reached in the original IS/MND would remain the same and at less than significant levels. Mineral Resources The previous IS/MND concluded that the expansion site area would have a "less than significant" impact for the loss of availability ofa known mineral resource that would be of value to the region and the residents of the state. A "less than significant impact" was found for the loss of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan, or be located in a Mineral Resource Zone as adopted by the State Mining and Geology Board. The Project Site is located on the border of an MRZ-2 and MRZ-3 Mineral Resource Zone as adopted by the State Mining and Geology Board and as identified in the City's General Plan, Figure NRC-3. Based on the centrally located urbanized location of the Site, mining would not be a suitable use for the Project Site. The proposed 1.5 acres of additional automobile storage, new 1.5-acre water quality basin, and acquisition of an existing commercially developed parcel, would not result in any changes to the conclusion of the original IS/MND associated with mineral resources at the Project Site. Noise The previous IS/MND detemlined that the expansion of the existing Midnight Pick-A-Part would have "no impact" for being located within an airport land use plan/airport influence area, and exposing people residing or working in the project area to excessive noise levels. A "less than significant impact" was concluded for the Project generating excessive groundbome vibration, or a substantial pemlanent increase in ambient noise levels in the project vicinity above levels existing without the project. The generation of noise levels in excess of standards and increase in ambient noise levels were addressed by Mitigation Measure N-I, while the substantial temporary or periodic increases in ambient noise levels were addressed by Mitigation Measure N-2, as shown below: 10 N-I: The developer shall require that all construction equipment is properly maintained with operating mufflers and air intake silencers, and prioritized the location of equipment staging and storage as far as practical from the existing residential units and school. N-2: The developer shall require that all construction activities be restricted to occur between the hours of 7:30 am to 3:30 pm, Monday through Thursday, unless arrangement for an inspector is made at least 24 hours prior to any activity. The above mitigation measures shall be implemented as applicable during expansion of thc proposed 1.5 acrcs of additional automobile storage and construction of the new 1.5-acre water quality basin. Development of the Expansion Arca would require a minimal amount of Site preparation (i.e. grading and excavation) for installation and construction of the drainage improvements. These activities require the use of heavy equipment such as backhoes and dozers that would generate noise heard both on and off the Project Site. The most proximate residential area that is subject to potential construction noise impacts are two single-family non-confornling residential units just north of the Project boundary. There would be no permanent increase in ambient noise levels. The expansion area is located west and adjacent to the existing facility and no additional pennanent impacts are expected to result. The proposed expansion would not change conclusions established within the previous IS/MND. No additional mitigation measures would be required. Population and Housing The previous IS/MND determined that the expansion of the existing Midnight Pick-A-Part would have "no impact" on area population growth or existing housing, either directly through the creation of new housing or employment, or indirectly through the extension of infrastructure. The proposed 1.5 acres of additional automobile storage, new 1.5-acre water quality basin, and acquisition of an existing commercially developed parcel, would not involve activities which were not addressed in the previous IS/MND, and therefore would not result in any changes to the conclusion of the original IS/MND associated with population and housing. Public Services The previous IS/MND deternlined that the expansion of the existing Midnight Pick-A-Part would have "no impact" to schools or park facilities, as the auto recycling facility modification and expansion would not result in a population increase, nor would it increase demand on school or park serviccs. A "less than significant impact" was detcrmined for fire and police protection, and It x other govcrnmental services which included an increase in volume of hazardous materials storage. However, the previous IS/MND concluded that since monitoring and ovcrsight for thesc materials is already in place, it would not create an increase in service demand; and therefore, impacts would be less than significant. The proposed 1.5 acres of additional automobile storage would also create an increase in the amount of hazardous material stored on-site; however, as concluded in the previous IS/MND, monitoring and oversight measures are in place for these matcrials, and therefore, the potential impact would remain less than significant. Recreation II The previous IS/MND deternlined that the expansion of the existing Midnight Pick-A-Part would have "no impact" for the potential increase in the use of existing neighborhood and regional parks or other rccreational t~lcilities which rcsult in the physical deterioration of the facility, and "no impact" to recreational facilities proposed as part of the project which would require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment. The proposed auto recycling facility modification and expansion would not increase the local population, nor would it rcsult in the construction new or expansion of existing recreational tacilities. Similarly, the proposcd 1.5 acrcs of additional automobile storagc, ncw 1.5-acre watcr quality basin, and acquisition of an cxisting commcrcially developed parccl, would !lot involvc activitics which were not addrcssed in the previous IS/MND, and thcrcfore would not result in any changes to the conclusions of the originallS/MND associated with recreation. T ra n s po rta tio niT rafflc The prcvious IS/MND detel1nined that the expansion of the eXlstmg Midnight Pick-A-Part facility would have "no impact" or I) changes in air traffic patterns, a substantially increase in hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., faml equipment); 2) result in inadequate emergency access; or 3) conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the perfol1nance or safety of such facilities. A "less than significant impact" was determined for the Project's potential conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system; or conflict with an applicable congestion management program. Access to and from the Project Site is via Watel1nan Avenue, 9th Street or 6th Street. Waterman Avenue is identified in the City's General Plan Circulation Element as a Major Arterial with a roadway capacity of 40,000 vehicles per day. The previous IS/MND analyzed the expansion of the auto rccycling facility to result in an additional 15 vehicle trips (recycled cars transported via trailer or tow), on average, per day. Compared to the current traffic volume and designated capacity of Watel1nan Avenue, this increase would be less than significant. Similarly, the proposed 1.5 acres of additional automobile storage would not create a significant amount of project-trips per day, and therefore would not change the analysis or conclusions of the original IS/MND relative to tran sportat i on/traffi c. Utilities and Service Systems The previous IS/MND detel1nincd that thc expansion of the existing Midnight Pick-A-Part would have "no impact" related to the construction of new water or wastewater trcatment facilities or expansion of cxisting facilities; or result in a detcrmination by the wastewater treatment providcr which scrvcs or may scrve thc project that it has adequate capacity to servc the projcct's projected demand in addition to the provider's existing commitmcnts; or complying with federal, state, and local statutes and rcgulations relatcd to solid waste. A "less than significant impact" was detemlined for: I) exceeding wastewater treatment requirements of the Santa Ana Regional Water Quality Control Board; 2) requiring or resulting in the construction of ncw storm water drainage facilities or expansion of existing facilities, the construction of which could causc significant environmental effects; 3) having sufficient water supplies available to serve the project from existing cntitlements and resources, or 4) be served by 12 a landfill with sufficient pennitted capacity to accommodate the project's solid waste disposal needs. No aspects of the original facility modifications or expansion were found to affect existing wastewater quality. The IS/MND concluded that the existing facility currently meets, and would continue to meet, all requisites of the City of San Bernardino and the Santa Ana Regional Water Quality Control Board regarding wastewater discharges. A Preliminary Water Quality Management Plan and a Preliminary Hydrology Study & Drainage Analysis were prepared for the original Project by Joseph E. Bonadiman & Associates, Inc. (2009), which included several Project design features to remediate stann water impacts. [n April 20 II, an addendum to the original WQMP was prepared to address the addition of 1.5 acres of automobile storage. The approved document was revised to include the analysis of an approximate I.S-acre basin which would capture all runoff for the 3.0-acre parcel, and retain and infiltrate the calculated WQMP treatment volume (at a minimum). The addendum also addressed that the drainage for the 1.48-acre parcel (west of the 3.0-acre parcel) would continue to drain to Waterman Avenue. Since the 3.0-acre parcel would retain all runoff on-site, a less than significant impact to stonn water facilities and system capacities would result. Therefore, no changes to the conclusions within the original [S/MND would result to utilities and service systems. V. CONCLUSION Mandatory Findings of Significance The previous IS/MND for the expansion of the existing Midnight Pick-A-Part found that all Mandatory Findings of Significance were considered to be "less than significant impact." The Addendum has demonstrated that the proposed 1.5 acres of additional automobile storage, new I.S-acre water quality basin, and acquisition of an existing commercially developed parcel would not result in any new or significantly different impacts compared to those identified and/or mitigated in the previously approved [S/MND. This Addendum therefore constitutes an expanded services Addendum to the [S/MND prepared for the City of San Bernardino Initial Study for Midnight & Pick-A-Part Auto Recycling Center Conditional Use Permit 09-04 General Plan Amendment 08-05. No additional environmental compliance actions or materials are required. VI. CERTIFICATION Natalie P. Patty. Senior Environ ental Analyst Lilbufl1 Corporation 13 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 08-05 TO CHANGE THE LAND USE DESIGNATION FROM COMMERCIAL GENERAL (CG-l) AND INDUSTRIAL LIGHT (IL) TO INDUSTRIAL HEAVY (IH) ON APPROXIMATELY 7.69 ACRES AND APPROVING CONDITIONAL USE PERMIT NO. 09-04 TO EXPAND AN EXISTING 28.7-ACRE AUTO DISMANTLING AND VEHICLE STORAGE BUSINESS BY 7.69 ACRES AND ESTABLISH AUTO REPAIR SERVICE AT 701 NORTH WATERMAN AVENUE. 4 5 6 7 8 9 10 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 11 12 SECTION I. Recitals. 13 WHEREAS, the Mayor and Common Council of the City of San Bernardino adopted the General Plan for the City by Resolution No. 2005-362 on November 1,2005; and WHEREAS, General Plan Amendment No. 08-05 to the General Plan of the City of San Bernardino was considered by the Planning Commission on April 27, 2011, at a noticed public 14 15 16 17 hearing, and the Planning Commission's recommendation of approval has been considered by 18 the Mayor and Common Council. WHEREAS, Conditional Use Permit No. 09-04 to expand an existing 28.7-acre auto dismantling and vehicle storage business by 7.69 acres, construct 17 canopies and related on on- site improvements and to establish auto repair service at the existing auto dismantling and 19 20 21 22 vehicle storage facility located at 701 North Waterman Avenue was considered by the Planning Commission and the Planning Commission's recommendation for approval has been considered by the Mayor and Common Council. WHEREAS, General Plan Amendment No. 08-05 was reviewed under the California 23 24 25 2(, Environmental Quality Act (CEQA) through an Initial Study which found no sib'l1ificant adverse 27 effects on the environment after incorporation of mitigation measures. 28 WHEREAS, the Mitigated Negative Declaration pursuant to the California 2 Environmental Quality Act has been reviewed by the Environmental Review Committee, the 3 Planning Commission, and the Mayor and Common Council in compliance with the CEQA and 4 local regulations. 5 WHEREAS, the Planning Commission conducted a noticed public hearing on April 27, 6 20 II, in order to receive public testimony and written and oral comments on General Plan 7 Amendment No. 08-05 and Conditional Use Permit No. 09-04 and fully reviewed and considered 8 the Planning Division Staff Report and the recommendation of the Environmental Review 9 Committee. ]0 WHEREAS, the Mayor and Common Council held a noticed public hearing on June 6, ]] 2011, and fully reviewed and considered proposed General Plan Amendment No. 08-05 and ]2 Conditional Use Permit No. 09-04 and the Planning Commission and Environmental Review ] 3 Committee recommendations and the Planning Division Staff Report. ]4 SECTION 2. Mitigated Negative Declaration ]5 NOW, THEREFORE, BE IT RESOLVED, FOUND AND DETERMINED by the Mayor ]6 and Common Council that the proposed amendment to the General Plan of the City of San ] 7 Bernardino will not have a significant effect on the environment with incorporation of the ]8 proposed mitigation measures, and the Mitigated Negative Declaration heretofore recommended ] 9 by the Environmental Review Committee as to the effect of this proposed amendment is hereby 20 ratified, affirmed and adopted. 2] SECTION 3. Findings of Fact: 22 BE IT FURTHER RESOLVED by the Mayor and Common Council of the City of San 23 Bernardino that: 24 A. General Plan Amendment No. 08-05 is internally consistent with the General Plan in 25 that it meets General Plan Policy 4.1.2, in that it pro actively seeks out and retains businesses, 26 including attracting industrial and manufacturing uses. The proposed General Plan Amendment 27 will promote business retention and expansion. 28 2 B. General Plan Amendment No. 08-05 will not be detrimental to the public interest, 2 health, safety, convenience, or welfare of the City in that it will enable the property owner to 3 develop a viable industrial use on the site and provide a development opportunity with similar 4 uses within the same area. 5 C. General Plan Amendment No. 08-05 will maintain the appropriate balance of land (, uses within the City in that the General Plan Amendment will facilitate compatible infill 7 development with similar uses within the same area. The land use changes resulting from a 8 General Plan land use designation change on 7.69 acres will not alter the balance ofland uses in <J a City of over 60 square miles. 10 D. The parcels subject to General Plan Amendment No. 08-05 are physically suitable for 11 the requested land use designations and the anticipated land use development. There are no 12 physical constraints to development of any parcels in the subject area. Changing the General 13 Plan land use designation from General Commercial and Industrial Light to Industrial Heavy will 14 not change the requirements and effects of further development significantly. Therefore, the 15 subject parcels are all suitable for development under the requested land use designation, 1(, including, but not limited to having adequate access, available utilities, and compatibility with 17 surrounding land uses. 18 SECTION 4. Amendment: 1 <J A. The Land Use Map of the General Plan is hereby amended pursuant to General Plan 20 Amendment No. 08-05, to change the land use designation from Commercial General (CG-l) 21 and Industrial Light (IL) to Industrial Heavy (IH) in the area outlined in Exhibit A copy of which 22 is attached and incorporated herein for reference. 23 B. General Plan Amendment No. 08-05 shall become effective upon the adoption and 24 execution of this resolution. 25 SECTION 5. Map Notation 2(, This Resolution and the amendment affected by it shall be noted on such appropriate General 27 Plan maps as having been previously adopted and approved by the Mayor and Common Council 28 and which are on file in the office of the City Clerk. 3 SECTION 6. Notice of Determination 2 The Planning Division is hereby directed to file a Notice of Determination with the County Clerk 3 of the County of San Bernardino certifying the City's compliance with California Environmental 4 Quality Act in preparing the Initial Study I Mitigated Negative Declaration. 5 SECTION 7. Conditional Use Permit No. 09-04 (, Conditional Use Permit No. 09-04 is hereby approved based upon the Findings of Facts and 7 subject to the Conditions of Approval contained in the Staff Report to the Planning Commission 8 dated March 23, 2011. <) III 10 II III 12 III 13 14 III 15 16 17 18 1<) 20 21 22 23 24 25 26 27 28 4 3 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 08-05 TO CHANGE THE LAND USE DESIGNATION FROM COMMERCIAL GENERAL (CG-l) AND INDUSTRIAL LIGHT (IL) TO INDUSTRIAL HEAVY (IH) ON APPROXIMATELY 7.69 ACRES AND APPROVING CONDITIONAL USE PERMIT NO. 09-04 TO EXPAND AN EXISTING 28.7-ACRE AUTO DISMANTLING AND VEHICLE STORAGE BUSINESS BY 7.69 ACRES AND ESTABLISH AUTO REPAIR SERVICE AT 701 NORTH WATERMAN A VENUE. 2 4 5 6 7 8 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 9 Common Council of the City of San Bernardino at a meeting thereof, held 10 on the day of II Council Members: 12 MARQUEZ 13 VACANT 14 BRINKER 15 SHORETT 16 KELLEY 17 JOHNSON 18 MCCAMMACK 19 , 2011, by the following vote, to wit: AYES NAYS ABSTAIN ABSENT Rachel Clark, City Clerk 20 21 The foregoing resolution is hereby approved this day of , 2011. 22 23 Patrick J. Morris, Mayor City of San Bernardino 24 25 Approved as to form: 26 JAMES F. PENMAN, City Attorney 27 28 ~~'~ 5 EXHIBIT A 1J CITY OF SAN BERNARDINO PLANNING DIVISION PROJECT: GENERAL PLAN AMENDMENT 08-05 LOCA TION MAP HEARING DA TE: 6/6/2011 NORTH f I, /1 / / . i ,// / .. / / ;' . I , I ,I AM /PF '~~~'~i:"""'.._/6111 ...~_u_____..~ .. I .