HomeMy WebLinkAbout31-Community Development CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTl'Al'R I G N A L
From: M. Margo Wheeler,Director Subject: A Resolution of the Mayor and Common Council of
Dept: Community Development the City of San Bernardino adopting General Plan
Amendment No. 08-05 to change the land use designation of
Date: May 11, 2011 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.
MCC Date: June 6, 2011
Synopsis of Previous Council Action:
None
Recommended Motion:
That the hearing be closed and the Resolution be adopted.
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: (Acct.No.)
(Acct. Description)
Finance:
Council Notes:_11'e_�61_vlozesl Ael
Agenda Item No.
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: REPRESENTATIVE:
Ted Randall Smith Ed Bonadimann
American Team, LLC Joseph E. Bonadiman &Associates, Inc.
16600 Multiview Drive 234 North Arrowhead Avenue
Perris, CA 92570 San Bernardino, CA 92408
951.712.3298 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-1) 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-1) and Industrial Heavy (IH) land use districts (Location Map -
Attachment 1).
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 Durr
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
RECOMMENDATION
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 BE
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PLANNING DIVISION
PROJECT: GPA 08-05 & CUP 09-04
LOCATION MAP NORTH
HEARING DATE: 61612011
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ATTACHMENT 2
PLANNING COMMISSION STAFF REPORT
CITY OF SAN BERNARDINO PLANNING DIVISION
CASE: General Plan Amendment No. 08-05 & Conditional Use Permit No. 09-04
AGENDA ITEM: 2
HEARING DATE: March 23, 2011
WARD: 1
OWNER: APPLICANT:
Ted Randall Smith Ed Bonadiman
American Team, LLC Joseph Bonadiman & Associates Inc.
16600 Multiview Drive 234 North Arrowhead Avenue
Perris, CA 92570 San Bernardino, CA 92408
951.712.3298 909.885.3806
REQUEST AND LOCATION:
A request to change the General Plan land use designation from Commercial General (CG-1) 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:
❑ No Significant Effect
❑ Exempt from CEQA
0 Potential Effects, Mitigation Measures and Mitigation Monitoring/Reporting Program
❑ Environmental Impact Report
STAFF RECOMMENDATION:
• Approval
• Conditions
❑ Denial
❑ Continuance to:
i
GPA No. 08-05 do 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-1) 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-1) 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 6`h and 9`h Streets. There are 3 existing entrances to the project site, one on
Waterman Avenue and the others are on 6`h and 9`h 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 & PPARC 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.
LOCATION LAND USE GENERAL PLAN
Site Industrial & Commercial CG-1, Commercial General &
IH, Industrial Heavy
North Commercial CG-1, Commercial General &
CH, Commercial Heavy
South Residential COUNTY - Residential land use district
East Industrial & Residential IL, Industrial & RS, Residential Suburban
West Commercial & Public Facility CG-1, Commercial General &
PF, Public Facility
i
GPA No. 08-05& CUP No. 09-04
March 23, 2011
Page 3
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
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
500-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-1 and RS districts to IH
district and expand Midnight & Pick a Part between 6`h and 91h 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
ANALYSIS
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 6`h and 9`h
Streets located in the CG-1 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. 1, 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 4.1.2, which states:
"proactively seek out and retain businesses...., including: attracting industrial and manufacturing
users."
The change of land use designation from CG-1 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-1 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
1. 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 2.2.1 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 we fare 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.
RECOMMENDATION
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)
j fully mi ted,
an
lanner
Approved for D' tribution:
M. Margo Wheeler, AICP
Community Development Director
Attachment A: Location Maps
Attachment B: Site Plan & Canopy Details
Attachment C: Conditions of Approval
Attachment D: Mitigation Monitoring/Reporting Program
ATTACHMENT A
CITY OF SAN BERNARDINO
PLANNING DIVISION
PROJECT: GPA 08-05 & CUP 09-04
LOCATION MAP NORTH
HEARING DATE: 3/23/2011
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PROJECT: GPA 08-05
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HEARING DATE: 3/23/2011 NORTH
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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 GPA No. 08-05 to change the General Plan
land use designation from Commercial General (CG-1) 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-1) 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, 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 of this 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 plan(s) 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.
S. 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. Signs/banners 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 1/08/2011 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: February 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 08-05
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 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:
1. 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 Permit 09-04
General Plan Amendment 08-05
Page 2
MITIGATION MEASURES
V. CULTURAL RESOURCES
CR-1: 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 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 determine 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-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
determine the next appropriate action based on his or her findings. If the
archaeologist determines 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-1: 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 Permit 09-04
General Plan Amendment 08-05
Page 4
VI. HAZARDS AND HAZARDOUS MATERIALS
HAZ-1: 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-1: 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.
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 to slow flows and enhance infiltration and water
quality. Grasses and landscaping shall be maintained by the property
owner to ensure their proper functioning.
HWQ-3: Construction of a 30-foot concrete spillway with ungrouted rock rip rap at
the detention basin outlet to emulate sheet flow conditions.
HWQ-4: 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.
HWQ-5: 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.
HWQ-6: 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.
HWQ-7: Pesticide application in landscaped areas shall be performed by an
applicator certified by the State of California.
HWQ-8: Outdoor material storage, work, and processing areas shall be maintained
according to specifications in the California Stormwater BMP Handbook.
HWQ-9: 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.
Mitigation Monitoring and Reporting Program
Conditional Use Permit 09-04
General Plan Amendment 08-05
Page 6
HWQ-10: 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-1: 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
r.�
FROM: Aron Liang, Senior Planner
SUBJECT: Agenda Item 1 —General Plan :kniendment 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 Empeno, 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, 2011, to allow Midnight & Pick a Part Auto Recycling Center (M & PPARC) to resolve drainage
issues brought up by an adjacent property owner. The Planning Commission continued the item to
April 27, 2011.
M & PPARC will resolve the drainage issues by acquiring the adjacent 4.48 acres located at the
southwest corner of the project site, in the Commercial General (CG-1) 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 Waterman 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
fence consistent with the existing approved on-site interior fence is proposed to be constructed along
the 3-acre site westerly 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 different impacts compared to those identified and/or analyzed in the original draft MND.
On March 21, 2011, Community Development staff conducted an inspection of the M & PPARC site,
and found that M & PPARC is in compliance with the conditions of CUP No. 99-12, including but not
limited to parking, landscaping, on-site circulation, BMP's, and screening requirements. Staff found
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
Departments/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 modifications incorporated in the project design do not affect the Findings of Fact
recommended for approval of General Plan Amendment No. 08-05 and Conditional Use Permit No.
09-04, as stated in the March 23, 2011 Staff Report.
Recommendation:
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;
3. Approve Conditional Use Permit No. 09-04 based on the Findings of Fact contained in the Staff
Report and subject to the amended Conditions of Approval (Attachment C)
Attachment C: Amended Conditions of Approval
Attachment D: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-1) 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-1) 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, 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 of this condition.
ti
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 date stamped
April 4, 2011.
6. Modification to the plan(s) 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. Banners, flags, pennant, and similar signs are
permitted only by a Temporary Sign Permit. 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 conforming 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.
(;P.,l No. 08-05 & CUP No. 09-04
Fleat-ing 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 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 1/08/2011 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.
na
GPA No. 08-05 & CUP No. 09-04
Hearing Date: February 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.
(*) 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 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:
1. 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 Permit 09-04
General Plan Amendment 08-05
Page 2
MITIGATION MEASURES
V. CULTURAL RESOURCES
CR-1: 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 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 determine 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-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
determine the next appropriate action based on his or her findings. If the
archaeologist determines 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-1: 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 structure 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 ol'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-1: 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
VIII. HYDROLOGY AND WATER QUALITY Page 5
HWQ-1: 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.
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 to slow flows and enhance infiltration and water
quality. Grasses and landscaping shall be maintained by the property
owner to ensure their proper functioning.
HWQ-3: Construction of a 30-foot concrete spillway with ungrouted rock rip rap at
the detention basin outlet to emulate sheet flow conditions.
HWQ-4: 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.
HWQ-5: 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.
HWQ-6: 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.
HWQ-7: Pesticide application in landscaped areas shall be performed by an
applicator certified by the State of California.
HWQ-8: Outdoor material storage, work, and processing areas shall be maintained
according to specifications in the California Stormwater BMP Handbook.
HWQ-9: 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.
m
Now
Mitigation Monitoring and Reporting Program
Conditional Use Permit 09-04
General Plan Amendment 08-05
Page 6
HWQ-10: 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
XI. NOISE Page 7
N-1: 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 improvements.
COMPLIANCE RECORD
When Required: The verification shall be completed throughout construction phase of the
project.
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
of San Bernardino Initial Study for Midnight & Pick-A-Part Auto Recycling Center Conditional
Use Permit 09-04 General Plan Amendment 08-05. A Notice of Determination, that An Initial
Study/Mitigated Negative Declaration (IS/MND) was prepared for the modification 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, 2011. This addendum has been prepared pursuant
to Section 15164 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 GPA application, including a
3.0-acre parcel that is currently vacant and located southwest and adjacent to the Project Site, and
a 1.48-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
1.48-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-1) to Heavy Industrial (IH). The 1.48-acre parcel would remain General
Commercial (CG-1).
Changes to the Project Description are shown below and are shown with a strike thf:01igh for
deleted text and double underline for new text.
1
American Team, LLC is proposing modification and expansion to its Midnight & Pick-A-Part Auto
Recycling Center located on the east side of Waterman Avenue between 6`h and 9`h streets in the City of
San Bernardino. The existing facility is an auto dismantling and recycling center; site modifications
include the construction of 17 new canopies; the addition of 1,118 square feet of.l %-inch metal siding to
an existing canopy; and various on-site improvements including fencing and gravel access roads. The
Project also includes the approval of a 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:
l)4.69 acres of vacant land,adjacent to the east,at the southerly terminus of Preston Street�_2)3.0 acre Qf
vacant land adjacent to the west; 31a 4&a_crc of commerciallYdeveloned land. liaceuf_an�c
_west of the 3.0-acre parcel.The 7.69- a(_ .69-acre parcel and 3 Q-acre pal Expansion Area would be
used sek4y for the storage of cleaned and drained automobiles as described in Initial Study_), the
t�morarstorage ofv_ehieles that-have_ ot been drained.and an avnroxjmate 1.5-acre water quality basin.
The b-a would be constructed will��maximum death of three fe wi a total capture volume of 3.53
acre--feet. The-L4 l is currently developed with commercial offices and would remain as such
The expansion also includes the construction of a Preston Street cul-de-sac, the addition of two new fire
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-1" (APN 0278-151-01 and 0278-121-36) to Industrial Heavy
"IH". The_AS-acre_parcel would remain with its current designation of General Commercial (CG-1
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 1.48-acres of adjacent,developed commercial property
(see Figure 1).
The following section summarizes the evaluation of the change in automobile storage from
4.69-acres to 6.19-acres (1.5 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 determined 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 determined to be less than significant. As
determined in the previous IS/MND, the Expansion Area is located on interior lots so views of this
area are very limited. Use of the Expansion Area for car storage would not be out of character
with adjacent industrial land uses. The addition of 1.5 acres 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
nearby 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
Farmland, Unique Farmland,or Farmland 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 water quality basin, and acquisition of 1.48 acres of currently developed land
would not change the results of determinations set forth in the previous IS/MND. No impacts to
agriculture resources would result.
:fir QualitA
The previous IS/MND determined 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 permanent 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 1 and 2 below and are shown with a
str-il(e-thfough for deleted text (original Project) and double underline for new text (new Project).
Table 1
Construction Emissions
On-Site Improve ents (Pounds er Day)
Source ROG NO, CO PM10 PM2.5
Water Truck 0:3 3.0 4-22 4-4-3 442
0.5 4.5 1.6 0.2 0.19
Loader/Backhoe E},8 5-4 34 0:4 0�
1.1 8.6 4.0 0_5 0.4
Scraper/Grader 2-6 223-4 9-.9 1.0 0.9
2.5 21.6 9.6
Other Material Handling Equipment 4-:4 4-3:-0 4-5 0.5
1.3 12.1 4.2 0.54
Totals (lbs/day) 54 44;7
SA L 4U 19A 2.14 2.4
SCAQMD Threshold 75 100 550 150 55 1
Significant No No No No No
SCAQMD Off-Road Mobile Source Emissions Factors(20 10)
3
Table 2
Construction Emissions
"Import/Export"
(Pounds per Da )
Source RO NO,, CO PM10 PM2.5
Loader 8,8 -5 4 14 0:4 04
1.1 8.6 4.0 0.5 0.4
Haul Trucks 1 2" 8-9 4-3 4-4
2.9 28.8 10.1 3.8 2.3
Totals (lbs/day) 2-.7 3" 44-.4 44 4-.6
4.0 1 37.4 14.1 4.3 2.7
SCAQMD Threshold 75 100 550 150 55
Significant No No No No No
SCAQMD Off-Road Mobile Source Emissions Factors(2010)
' Emission Factors for On-Road Heavy-Heavy Duty Diesel Trucks(Emfac 2010)
As shown in Tables 1 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 (PM10). 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
(A MCP), which identifies Best Available Control Technologies (BACT) for area sources and
point sources, respectively. This would include, but not be limited to the following:
1. 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 determined 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 PM10 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 informed 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 CARB and SCAQMD
regulations related to diesel-fueled trucks, which may include among others:
(1) meeting more stringent emission standards; (2) retrofitting existing engines
with particulate traps; (3) use of low sulfur fuel; and (4) use of alternative fuels or
equipment.
Biological Resources
The previously approved IS/MND determined that the expansion of the existing 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 determined 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., Waterman 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 conflict 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 1.48-acres of existing commercially developed land would
occur adjacent to the existing Midnight Pick-A-Part, and would not involve modifications to the
areas determined 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 important
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 2010 revealed a high potential for historic resources on-site. The records search included
5
the area in the vicinity of the additional 3.0-acre and 1.48-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-1 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-3 addressed potential impacts
from the disturbance of human remains. These three mitigation measures are provided below:
CR-1: 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 Bernardino for appropriate mitigation measures 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 determine 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-3: 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. If 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 3.0-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 implementation of mitigation
measures CR-1 through CR-3 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
mitigation measures would be required.
Geology and Soils
6
The previous IS/MND determined that the expansion of the existing Midnight Pick-A-Part
facility would have a "less than significant" impact from: 1) 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 determined to occur within an area
detennined to have a high potential for both liquefaction and ground subsidence. Mitigation
Measure GEO-1 was incorporated to reduced impacts to a less than significant level, and is
provided below:
GEO-1: 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.
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 original IS/MND would remain the same.
Greenhouse Gas Emissions
As determined in the previous IS/MND, the expansion of the existing Midnight Pick-A-Park
facility would have a "less than significant" impact on: 1) 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
emissions 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 determined for the potential impairment 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 determined for the creation of a
significant hazard to the public /environment 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-1 and
HAZ-2 as shown below:
HAZ-1: 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 California 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
fluids from contaminating runoff (see Mitigation Measures HWQ-1 through HWQ-10).
According to the City's NPDES staff, these design features are acceptable and would ensure
potential impacts are less than significant.
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 determined 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
100-year flood zone, or inundation by seiche, tsunami, or mudflow. A "less than significant
impact" was determined for: 1) substantially depleting groundwater supplies or interfere
substantially with groundwater recharge; 2) substantially alter the existing drainage pattern of the
site or area; 3) substantially increase the rate or amount of surface runoff in a manner which would
result in flooding on-or off-site;4)the exposure of people or structures to risks involving flooding;
5) the creation or contribution of runoff water which would exceed the capacity of existing or
planned stormwater 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 measure was required to address the impact:
HWQ-1: 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 is to
remain.
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
to slow flows and enhance infiltration and water quality. Grasses and landscaping
shall be maintained by the property owner to ensure their proper functioning.
HWQ-3: Construction of a 30-foot concrete spillway with ungrouted rock rip rap at the
detention basin outlet to emulate sheet flow conditions.
HWQ-4: Installation of an 18-inch storm 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.
HWQ-5: Storm water runoff from proposed canopies on the Existing Site will 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.
HWQ-6: 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.
HWQ-7: Pesticide application in landscaped areas shall be performed by an applicator
certified by the State of California.
HWQ-8: Outdoor material storage, work, and processing areas will be maintained according
to specifications in the California Stormwater BMP Handbook.
HWQ-9: 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-10: 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 be
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-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
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 existing 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
determined 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-1)to Industrial Heavy(IH),
and Industrial Light (IL) 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-1). The
GPA would change the designation from CG-1 to Industrial Heavy (H-1). In addition, the GPA
would not detrimentally affect the adjacent 1.48-acre CG-1 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 of a 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 determined 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 groundborne vibration,or a
substantial permanent 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-1, while the substantial temporary or
periodic increases in ambient noise levels were addressed by Mitigation Measure N-2, as shown
below:
10
N-1: 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 the
proposed 1.5 acres of additional automobile storage and construction of the new 1.5-acre water
quality basin. Development of the Expansion Area 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-conforming
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 permanent 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 determined 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 services. A"less than significant impact"was determined for fire and police protection, and
for other governmental services which included an increase in volume of hazardous materials
storage. However, the previous IS/MND concluded that since monitoring and oversight for these
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
materials, and therefore, the potential impact would remain less than significant.
Recreation
11
The previous IS/MND determined 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 recreational facilities which result in the physical deterioration of the facility, and "no
impact" to recreational facilities proposed as part of the project which would require the
constriction 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 result in the construction new or expansion of existing
recreational facilities. Similarly, 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 conclusions of the original IS/MND associated with recreation.
Transportation/Traffic
The previous IS/MND determined that the expansion of the existing Midnight Pick-A-Part
facility would have "no impact" or 1) 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., farm 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 performance 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 Waterman Avenue, 91h 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
recycling 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
Waterman 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
transportation/traffic.
Utilities and Service Systems
The previous IS/MND determined that the expansion of the existing Midnight Pick-A-Part would
have "no impact related to the construction of new water or wastewater treatment facilities or
expansion of existing facilities; or result in a determination by the wastewater treatment provider
which serves or may serve the project that it has adequate capacity to serve the project's projected
demand in addition to the provider's existing commitments; or complying with federal, state, and
local statutes and regulations related to solid waste.
A "less than significant impact" was determined for: 1) exceeding wastewater treatment
requirements of the Santa Ana Regional Water Quality Control Board; 2)requiring or resulting in
the construction of new storm water drainage facilities or expansion of existing facilities, the
construction of which could cause significant environmental effects; 3) having sufficient water
supplies available to serve the project from existing entitlements and resources, or 4) be served by
12
a landfill with sufficient permitted 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 storm water impacts. In April
2011, 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 1.5-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 storm water facilities and system capacities would result. Therefore,
no changes to the conclusions within the original IS/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
1.5-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 IS/MND. This Addendum therefore constitutes an
expanded services Addendum to the IS/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
Lilburn Corporation
13
OFFICE OF THE CITY CLERK
RACHEL G.CLARK-CITY CLERK
4� 300 North"D"Street• San Bernardino• CA 92418-0001
909.384.5002• Fax:909.384.5158
www.sbcity.org
;San
!nar Ino
SM
June 27, 2011
Mr. Ed Bonadiman
Joseph E. Bonadiman & Associates, Inc.
234 N. Arrowhead Avenue
San Bernardino, CA 92408
Dear Mr. Bonadiman:
At the meeting of the Mayor and Common Council held on June 20, 2011, the following action
was taken relative to General Plan Amendment No. 08-05 - a request to change the land use
designation of Commercial General and Industrial Light to Industrial Heavy on approximately
7.69 acres; and 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 an auto repair service at
701 N. Waterman Avenue:
That the matter be continued to July 18, 2011, at 4 p.m.
If we can be of further assistance, please do not hesitate to contact the City Clerk's office.
Sincerely,
J .41a h. Cc,.�
Rachel G. Clark, CMC
City Clerk
RGC:Ils
pc: Community Development - Terri Rahhal
Ted Randall Smith, American Team, LLC, 16600 Multiview Drive, Perris, CA 92570
CITY OF SAN BERNARDINO
ADOPTED SHARED VALUES:Integrity• Accountability •Respect for Human Dignity•Honesty
OFFICE OF THE CITY CLERK
RACHEL G.CLARK-CITY CLERK
300 North"D"Street• San Bernardino•CA 92418-0001
909.384.5002•Fax:909.384.5158
San Bernar
www.sbcity.org
�ino
SM
June 9, 2011
Mr. Ed Bonadiman
Joseph E. Bonadiman & Associates, Inc.
234 N. Arrowhead Avenue
San Bernardino, CA 92408
Dear Mr. Bonadiman:
At the meeting of the Mayor and Common Council held on June 6, 2011, the following action
was taken relative to General Plan Amendment No. 08-05 - a request to change the land use
designation of Commercial General and Industrial Light to Industrial Heavy on approximately
7.69 acres; and 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 an auto repair service at
701 N. Waterman Avenue:
That the matter be continued to June 20, 2011 at 4 p.m.
If we can be of further assistance, please do not hesitate to contact the City Clerk's office.
Sincerely,
A Rac el G. Clark, CMC
City Clerk
RGC:lls
pc: Community Development - Terri Rahhal
Ted Randall Smith, American Team, LLC, 16600 Multiview Drive, Perris, CA 92570
CITY OF SAN BERNARDINO
ADOPTED SHARED VALUES:Integrity• Accountability•Respect for Human Dignity•Honesty
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
4 TO CHANGE THE LAND USE DESIGNATION FROM COMMERCIAL GENERAL
s (CG-1) AND INDUSTRIAL LIGHT (IL) TO INDUSTRIAL HEAVY (IH) ON
APPROXIMATELY 7.69 ACRES AND APPROVING CONDITIONAL USE PERMIT
6 NO. 09-04 TO EXPAND AN EXISTING 28.7-ACRE AUTO DISMANTLING AND
7 VEHICLE STORAGE BUSINESS BY 7.69 ACRES AND ESTABLISH AUTO REPAIR
s SERVICE AT 701 NORTH WATERMAN AVENUE.
9
10 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
12 SECTION 1. Recitals.
13 WHEREAS, the Mayor and Common Council of the City of San Bernardino adopted the
14 General Plan for the City by Resolution No. 2005-362 on November 1, 2005; and
1s
WHEREAS, General Plan Amendment No. 08-05 to the General Plan of the City of San
16 Bernardino was considered by the Planning Commission on April 27, 2011, at a noticed public
17 hearing, and the Planning Commission's recommendation of approval has been considered by
18 the Mayor and Common Council.
19 WHEREAS, Conditional Use Permit No. 09-04 to expand an existing 28.7-acre auto
20 dismantling and vehicle storage business by 7.69 acres, construct 17 canopies and related on on-
21 site improvements and to establish auto repair service at the existing auto dismantling and
22 vehicle storage facility located at 701 North Waterman Avenue was considered by the Planning
23 Commission and the Planning Commission's recommendation for approval has been considered
24 by the Mayor and Common Council.
25 WHEREAS, General Plan Amendment No. 08-05 was reviewed under the California
26 Environmental Quality Act (CEQA) through an Initial Study which found no significant adverse
27 effects on the environment after incorporation of mitigation measures.
2s
1
I 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 2011, 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
s the Planning Division Staff Report and the recommendation of the Environmental Review
9 Committee.
10 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
12 Conditional Use Permit No. 09-04 and the Planning Commission and Environmental Review
13 Committee recommendations and the Planning Division Staff Report.
14 SECTION 2. Mitigated Negative Declaration
15 NOW, THEREFORE, BE IT RESOLVED, FOUND AND DETERMINED by the Mayor
16 and Common Council that the proposed amendment to the General Plan of the City of San
f
17 Bernardino will not have a significant effect on the environment with incorporation of the
J
is proposed mitigation measures, and the Mitigated Negative Declaration heretofore recommended
i
19 by the Environmental Review Committee as to the effect of this proposed amendment is hereby
I
20 ratified, affirmed and adopted.
21 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 proactively seeks out and retains businesses,
26 including attracting industrial and manufacturing uses . The proposed General Plan Amendment
27 will promote business retention and expansion.
2s
2
f M
nt No. 08-05 will not be detrimental to the public interest,
� B. General Plan Amendment p
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
6 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
s General Plan land use designation change on 7.69 acres will not alter the balance of land uses in
9 a City of over 60 square miles.
10 D. The parcels subject to General Plan Amendment No. 08-05 are physically suitable for
i i 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,
16 including, but not limited to having adequate access, available utilities, and compatibility with
17 surrounding land uses.
18 SECTION 4. Amendment:
19 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-1)
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
26 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
I 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/Mitigated Negative Declaration.
5 SECTION 7. Conditional Use Permit No. 09-04
6 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.
9
to
I ///
12
///
13
14
15
I
16
I
17
i
18
19
20
21
22
23
24
25
26
27
28
4
1
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 08-05
2 TO CHANGE THE LAND USE DESIGNATION FROM COMMERCIAL GENERAL
3 (CG-1) AND INDUSTRIAL LIGHT (IL) TO INDUSTRIAL HEAVY (IH) ON
APPROXIMATELY 7.69 ACRES AND APPROVING CONDITIONAL USE PERMIT
4 NO. 09-04 TO EXPAND AN EXISTING 28.7-ACRE AUTO DISMANTLING AND
5 VEHICLE STORAGE BUSINESS BY 7.69 ACRES AND ESTABLISH AUTO REPAIR
SERVICE AT 701 NORTH WATERMAN AVENUE.
G
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 , 2011,by the following vote, to wit:
11 Council Members: AYES NAYS ABSTAIN ABSENT
12 MARQUEZ
13 VACANT
14 BRINKER
15 SHORETT
16 KELLEY
17 JOHNSON
18 MC CAMMACK
19
20 Rachel Clark, City Clerk
21
The foregoing resolution is hereby approved this day of 92011.
22
23
24 Patrick J. Morris, Mayor
City of San Bernardino
25 Approved as to form:
26 JAMES F. PENMAN,
27 City Attorney
2s
B �S(
5
EXHIBIT A
46
CITY OF SAN BERNARDINO
PLANNING DIVISION
PROJECT: GENERAL PLAN AMENDMENT 08-05
LOCATION MAP NORTH
HEARING DATE: 61612011
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1
1 RESOLUTION NO. P
2
3 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 08-05
4 TO CHANGE THE LAND USE DESIGNATION FROM COMMERCIAL GENERAL
5 (CG-1) AND INDUSTRIAL LIGHT (IL) TO INDUSTRIAL HEAVY (IH) ON
APPROXIMATELY 7.69 ACRES AND APPROVING CONDITIONAL USE PERMIT
6 NO. 09-04 TO EXPAND AN EXISTING 28.7-ACRE AUTO DISMANTLING AND
7 VEHICLE STORAGE BUSINESS BY 7.69 ACRES AND ESTABLISH AUTO REPAIR
s SERVICE AT 701 NORTH WATERMAN AVENUE.
9
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
10
THE CITY OF SAN BERNARDINO AS FOLLOWS:
11
i
SECTION 1. Recitals.
12
WHEREAS, the Mayor and Common Council of the City of San Bernardino adopted the
13
i
is General Plan for the City by Resolution No. 2005-362 on November 1, 2005; and
I
WHEREAS, General Plan Amendment No. 08-05 to the General Plan of the City of San I
15
Bernardino was considered by the Planning Commission on April 27, 2011, at a noticed public F
16
1 hearing, and the Planning Commission's recommendation of approval has been considered by
1
18 the Mayor and Common Council. s
WHEREAS, Conditional Use Permit No. 09-04 to expand an existing 28.7-acre auto
19
dismantling and vehicle storage business by 7.69 acres, construct 17 canopies and related on on-
20
21 site improvements and to establish auto repair service at the existing auto dismantling and
22 vehicle storage facility located at 701 North Waterman Avenue was considered by the Planning 2
23 Commission and the Planning Commission's recommendation for approval has been considered
i
24 by the Mayor and Common Council.
25 WHEREAS, General Plan Amendment No. 08-05 was reviewed under the California
26 Environmental Quality Act (CEQA) through an Initial Study which found no significant adverse
effects on the environment after incorporation of mitigation measures.
27
28
1
I 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 2011, 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.
10 WHEREAS, the Mayor and Common Council held a noticed public hearing on June 6,
11 2011, and fully reviewed and considered proposed General Plan Amendment No. 08-05 and
12 Conditional Use Permit No. 09-04 and the Planning Commission and Environmental Review
13 Committee recommendations and the Planning Division Staff Report.
14 SECTION 2. Mitigated Negative Declaration
15 NOW, THEREFORE, BE IT RESOLVED, FOUND AND DETERMINED by the Mayor
16 and Common Council that the proposed amendment to the General Plan of the City of San
17 Bernardino will not have a significant effect on the environment with incorporation of the
18 proposed mitigation measures, and the Mitigated Negative Declaration heretofore recommended
19 by the Environmental Review Committee as to the effect of this proposed amendment is hereby
20 ratified, affirmed and adopted.
21 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 proactively 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
I 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
6 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 of land uses in
9 a City of over 60 square miles.
10 D. The parcels subject to General Plan Amendment No. 08-05 are physically suitable for
1 i 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,
16 including, but not limited to having adequate access, available utilities, and compatibility with
17 surrounding land uses.
18 SECTION 4. Amendment:
19 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-1)
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
26 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
I 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/Mitigated Negative Declaration.
5 SECTION 7. Conditional Use Permit No. 09-04
6 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.
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 08-05
2 TO CHANGE THE LAND USE DESIGNATION FROM COMMERCIAL GENERAL
3 (CG-1) AND INDUSTRIAL LIGHT (IL) TO INDUSTRIAL HEAVY (IH) ON
APPROXIMATELY 7.69 ACRES AND APPROVING CONDITIONAL USE PERMIT
4 NO. 09-04 TO EXPAND AN EXISTING 28.7-ACRE AUTO DISMANTLING AND
5 VEHICLE STORAGE BUSINESS BY 7.69 ACRES AND ESTABLISH AUTO REPAIR
SERVICE AT 701 NORTH WATERMAN AVENUE.
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 , 2011, by the following vote, to wit:
11 Council Members: AYES NAYS ABSTAIN ABSENT
12 MARQUEZ
13 VACANT
14 BRINKER
15 SHORETT
16 KELLEY
17 JOHNSON
18 MC CAMMACK
19
20 Rachel Clark, City Clerk
21
The foregoing resolution is hereby approved this day of ,2011.
22
23
Patrick J. Morris, Mayor
24 City of San Bernardino
25 Approved as to form:
26 JAMES F. PENMAN,
27 City Attorney
28 B
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OFFICE OF THE CITY CLERK
RACHEL G.CLARK-CITY CLERK
300 North"D"Street• San Bernardino•CA 92418-0001
909.384.5002•Fax:909.384.5158
www.sbcity.org
Bernar Ino ww.sbcity.org
$M
July 27, 2011
Mr. Ed Bonadiman
Joseph E. Bonadiman & Associates, Inc.
234 N. Arrowhead Avenue
San Bernardino, CA 92408
Dear Mr. Bonadiman:
At the meeting of the Mayor and Common Council held on July 18, 2011, the following action
was taken relative to General Plan Amendment No. 08-05 - a request to change the land use
designation of Commercial General and Industrial Light to Industrial Heavy on approximately
7.69 acres; and 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 an auto repair service at
701 N. Waterman Avenue:
That the hearing be closed; and that said resolution be adopted (Resolution No.
2011-232).
If we can be of further assistance, please do not hesitate to contact the City Clerk's office.
Sincerely,
Rachel G. Clark, CMC
City Clerk
RGC:IIs
pc: Aron Liang, Senior Planner
Ted Randall Smith, American Team, LLC, 16600 Multiview Drive, Perris, CA 92570
CITY OF SAN BERNARDINO
ADOPTED SHARED VALUES:Integrity•Accountability•Resnect for Hmmnn nionity•Hnnecri7