HomeMy WebLinkAbout2012-060
RESOLUTION NO. 2012-60
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO CERTIFYING THE FINAL ENVIRONMENTAL
IMPACT REPORT FOR THE NATIONAL ORANGE SHOW INDUSTRIAL PROJECT,
ADOPTING THE FACTS, FINDINGS AND STATEMENT OF OVERRIDING
CONSIDERATIONS, ADOPTING THE MITIGATION MONITORING AND
REPORTING PROGRAM, AND APPROVING GENERAL PLAN AMENDMENT NO.
11-04, TENTATIVE PARCEL MAP NO. 19330 (SUBDIVISION NO. 11-02) AND
DEVELOPMENT PERMIT 2 NO. 11-04.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Recitals.
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WHEREAS, the Mayor and Common Council of the City of San Bernardino adopted the
City General Plan by Resolution No. 2005-362 on November 1, 2005; and
WHEREAS, on June 30, 2011, the Development/Environmental Review Committee
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16 reviewed plans for the National Orange Show Industrial Project ("Project") and approved release
17 of a Draft Environmental Impact Report (EIR) for the Project, pursuant to the California
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Environmental Quality Act (CEQA); and
WHEREAS, on June 30, 2011, the City circulated a Notice of Preparation (NOP) of an
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20 Environmental Impact Report (EIR) to responsible agencies, interested parties and the public to
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solicit comments and concerns regarding the scope of analysis to be conducted for the National
Orange Show Industrial Project EIR, and collected comments on the NOP during a review period
from July 7,2011, to August 8, 2011; and
WHEREAS, on July 13, 2011, the City conducted a public scoping meeting to provide
information about the National Orange Show Industrial Project and to receive public comments
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on the scope of analysis to be conducted for the National Orange Show Industrial Project EIR;
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and
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WHEREAS, all comments received at the public scoping meeting and in responses to the
2 NOP were considered in the preparation of a Draft ErR for the National Orange Show Industrial
3 Project, and were incorporated in the Draft EIR; and
4 WHEREAS, a Draft EIR for the National Orange Show Industrial Project was circulated
5 for a 45-day public review from July 7, 2011 through August 8, 2011, and six comment letters
6 were received by the City; and
7 WHEREAS, a Final ErR for the National Orange Show Industrial Project was prepared
8 pursuant to CEQA requirements, including the Draft ErR, technical appendices to the Draft ErR,
9 responses to all comments submitted in response to the Draft ErR, and changes to the Draft ErR;
10 and
11 WHEREAS, on March 28,2012, the Planning Commission of the City of San Bernardino
12 held a noticed public hearing to consider written and oral comments, including a report of
13 recommendations from staff which recommended certification of the National Orange Show
14 Industrial Project Final EIR and approval of the National Orange Show Industrial Project; and
15 WHEREAS, on April 16, 2012 the Mayor and Common Council of the City of San
16 Bernardino held a noticed public hearing to consider written and oral comments, and reviewed
17 and considered the plans for development of the National Orange Show Industrial Project
18 (General Plan Amendment No. 11-04, Tentative Parcel Map No. 19330 and Development Permit
19 2 No. 11-04), and exercised independent analysis and judgment in its review of the Final ErR,
20 the Mitigation Monitoring and Reporting Program (MM/RP), Draft Facts, Findings and
21 Statement of Overriding Considerations, and the Planning Division Staff Report.
22 SECTION 2. ENVIRONMENTAL IMPACT REPORT
23 NOW, THEREFORE, BE IT RESOLVED, FOUND AND DETERMINED THAT THE
24 MAYOR AND COMMON COUNCIL HEREBY CERTIFY:
25 A. The facts and information contained in the Recitals section are true and correct.
26 B. The Final EIR for the National Orange Show Industrial Project, comprised of the Draft
27 ErR and technical appendices, a list of all persons and agencies that submitted comments on the
28 Draft EIR, all written comments on the Draft EIR, text changes to the Draft ErR, and written
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responses to all comments, was prepared pursuant to CEQA requirements and is attached to this
2 Resolution as "Exhibit 1", and incorporated herein by reference.
3 C. The Mayor and Common Council exercised independent analysis and judgment in its
4 review of the National Orange Show Industrial Project Final EIR, and considered all contents of
5 the Final EIR prior to taking an action on certification of the Final EIR, and prior to making a
6 decision on the Project, General Plan Amendment No. 11-04, Tentative Parcel Map No. 19330
7 and Development Permit 2 No. 11-04.
8 D. The Final EIR has identified all potentially significant environmental effects that
9 would result from development and operation of the National Orange Show Industrial Project,
10 and has identified all feasible avoidance actions and mitigation measures that can reduce
11 potential adverse effects on the environment.
12 E. Mitigation measures identified in the Final EIR have been compiled in a Mitigation
13 Monitoring and Reporting Program (MM/RP) for the National Orange Show Industrial Project.
14 The Mayor and Common Council considered implementation of the MM/RP in its consideration
15 of the potential effects of the Project, attached to this Resolution as "Exhibit 2", and incorporated
16 herein by reference.
17 F. Potential alternatives to the proposed development plan for the National Orange Show
18 Industrial Project were analyzed in the Final EIR. Reasons for rejecting alternatives as infeasible,
19 or as not meeting the Project objectives, are discussed in the Facts, Findings and Statement of
20 Overriding Considerations, attached to this Resolution as "Exhibit 3", and incorporated herein by
21 reference.
22 G. The Mayor and Common Council has gIVen great weight to the significant
23 unavoidable adverse environmental impacts identified in the Final EIR, and discussed in the
24 Facts, Findings and Statement of Overriding Considerations.
25 H. The Mayor and Common Council hereby finds that the findings in the Facts, Findings
26 and Statement of Overriding Considerations, with respect to the National Orange Show
27 Industrial Project, are true and correct, and are based on substantial evidence in the record,
28 including documents comprising the Final EIR.
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2012-60
1. The Final EIR, MM/RP, and the Facts Findings and Statement of Overriding
2 Considerations reflect the independent review, analysis and judgment ofthe Mayor and Common
3 Council of the City of San Bernardino.
4 SECTION 3. CERTIFICATION OF THE ENVIRONMENTAL IMPACT REPORT
5 NOW, THEREFORE, BE IT RESOLVED, FOUND AND DETERMINED by the Mayor
6 and Common of the City of San Bernardino that the Final EIR for the National Orange Show
7 Industrial Project (SCH # 201107017) is hereby certified, the Facts, Findings and Statement of
8 Overriding Considerations are hereby adopted, and the Mitigation Monitoring and Reporting
9 Program is hereby adopted.
10 SECTION 4. GENERAL PLAN AMENDMENT NO. 11-04
11 NOW, THEREFORE, BE IT RESOLVED, FOUND AND DETERMINED by the Mayor
12 and Common of the City of San Bernardino that:
13 A. General Plan Amendment No. 11-04 is hereby approved based upon the Findings of
14 Fact contained in the Staff Report to the Planning Commission dated March 28,2012.
15 B. The Land Use Map of the General Plan is hereby amended pursuant to General Plan
16 Amendment No. 11-04, to change the land use designation from Public Commercial Recreation
17 (PCR) and Commercial Heavy (CH) to Industrial Light (IL) in the area outlined in "Exhibit 4" a
18 copy of which is attached and incorporated herein by reference.
19 C. General Plan Amendment No. 11-04 shall become effective upon the adoption and
20 execution of this Resolution.
21 SECTION 5. TENTATIVE PARCEL MAP NO. 19330
22 Tentative Parcel Map No. 19330 is hereby approved based upon the Findings of Fact and subject
23 to the Conditions of Approval contained in the Staff Report to the Planning Commission dated
24 March 28,2012.
25 SECTION 6. DEVELOPMENT PERMIT 2 NO. 11-04
26 Development Permit 2 No. 11-04 is hereby approved based upon the Findings of Fact and
27 subject to the Conditions of Approval contained in the Staff Report to the Planning Commission
28 dated March 28,2012.
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2012-60
SECTION 7. MAP NOTATION
2 This Resolution and the amendment affected by it shall be noted on such appropriate General
3 Plan maps as having been previously adopted and approved by the Mayor and Common Council
4 and which are on file in the office of the City Clerk.
5 SECTION 8. NOTICE OF DETERMINATION
6 The Planning Division is hereby directed to file a Notice of Determination with the County of
7 San Bernardino, certifying the City's compliance with the California Environmental Quality Act.
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2012-60
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO CERTIFYING THE FINAL ENVIRONMENTAL
2 IMPACT REPORT FOR THE NATIONAL ORANGE SHOW INDUSTRIAL PROJECT,
3 ADOPTING THE FACTS, FINDINGS AND STATEMENT OF OVERRIDING
CONSIDERATIONS, ADOPTING THE MITIGATION MONITORING AND
4 REPORTING PROGRAM, AND APPROVING GENERAL PLAN AMENDMENT NO.
5 11-04, TENTATIVE PARCEL MAP NO. 19330 (SUBDIVISION NO. 11-02) AND
DEVELOPMENT PERMIT 2 NO. 11-04.
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7 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
8 Common Council of the City of San Bernardino at a ioint regular
meeting thereof, held
9 on the 16th day of April
,2012, by the following vote, to wit:
10 Council Members: AYES
11 MARQUEZ X
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12 JENKINS X
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13 VALDIVIA X
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14 SHORETT X
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15 KELLEY X
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16 JOHNSON X
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17 MC CAMMACK --X-
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NAYS
ABSTAIN ABSENT
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The foregoing resolution is hereby approved this I ~ d day of April
,2012.
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24 Approved as to form:
JAMES F. PENMAN,
25 City Attorney
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2012-60
EXHIBIT 1
The Final EIR for the National Orange Show Industrial Project, comprised of the Draft EIR and
technical appendices, a list of all persons and agencies that submitted comments on the Draft
EIR, all written comments on the Draft EIR, text changes to the Draft EIR, and written responses
to all comments are available online at:
WWW.sbcitv.org;Highlight..HowDoI.......seeheading..Locate...click "Planning
Documents", scroll down to "National Orange Show Industrial Project".
A copy of the Final EIR for the National Orange Show Industrial Project will be attached as
Exhibit 1 to this Resolution to be filed in the City Clerk's Office if this Resolution is adopted by
the Mayor and Common Council.
2012-60
"Exhibit 2"
Mitigation Monitoring Reporting Program
for
National Orange Show Industrial Project
City of San Bernardino, San Bernardino County, California
Prepared for:
Lewis Retail Centers
1156 N. Mountain Avenue
Upland, California 91786
Contact: Mr. Timothy Reeves, VP Retail Project Development
Prepared by:
Michael Brandman Associates
621 E. Carnegie Drive, Suite 100
San Bernardino, CA 92408
909.884.2255
Contact: Bob Prasse, Branch Manager
.. .
....
Michael Brandman Associates
"March 15,2012
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National Orange Show Industrial Project
Mitigation Monitoring and Reporting Program
Michael Brandman Associates
H:I00131001301561MMRPI00130156 MMRP NOS 03-15-2012.doc
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2012-60
EXHIBIT 3
National Orange Show Industrial Project
Findings of Fact for Environmental Effects
Introduction
Findings of Fact
for Environmental Effects
of the National Orange Show Industrial Project
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1.1 - Overview and Introduction
The City of San Bernardino, through the City Council (City), is the lead agency for the National
Orange Show Industrial Project, as defined in Section 15376 of the CEQA Guidelines, and is "the
public agency that has the principal responsibility for carrying out or approving a project."
All of the actions listed below are referred to collectively as the "Project Approvals." The Project
Approvals encompass the approvals for the Project for purposes of CEQA and CEQA Guidelines
section 15378 and these determinations of the City.
The following approvals apply to the Project:
Table 1: Actions and Approvals
Adopt a resolution to certify the Final EIR and adopt the MMP for
the Project
General Plan Amendment
City of San Bernardino
Zone Change
Planning Permit/Site plan approval to construct four industrial
buildings
Tentative Parcel Map to subdivide the larger portion of the site north
of Central Avenue into three parcels
These Findings, along with the Statement of Overriding and the MMRP, are made with respect to the
Project Approvals for the Project and state the Findings of the Planning Commission relating to the
potentially significant environmental effects of the Project in accordance with the Project Approvals.
The following Findings, along with the Statement of Overriding Considerations, and MMRP are
hereby adopted by the Planning Commission as required under CEQA, Public Resources Code
Sections 21081, 21081.5 and 21081.6, and CEQA Guidelines sections 15091 tprough 15093, for the
Project:
As stated in CEQA Guidelines section 15091:
(a) no public agency shall approve or carry out a project for which an EIR has been certified
which identifies one or more significant environmental effects of the project unless the public
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Introduction
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Findings of Fact for Environmental Effects
agency makes one or more written Findings for each of those significant effects,
accompanied by a brief explanation of the rationale of each Findings. The possible Findings
are:
1. Changes or alterations have been required in, or incorporated into, the project which
avoid or substantially lessen the significant environmental effect as identified in the
Final EIR [hereinafter, "Finding 1"].
2. Such changes or alterations are within the responsibility and jurisdiction of another
public agency and have been, or can and should be, adopted by that other agency
[hereinafter, "Finding 2"].
3. Specific economic, legal, social, technological or other considerations, make
infeasible the mitigation measures or project alternatives identified in the final EIR
[hereinafter, "Finding 3"].
(b) The required by subdivision (a) shall be supported by substantial evidence.
(c) The finding in subdivision (a)(2) shall not be made if the agency making the finding has
concurrent jurisdiction with another agency to deal with identified feasible mitigation
measures or alternatives. The finding in subdivision (a)(3) shall describe the specific reasons
for rejecting identified mitigation measures and project alternatives.
1.2 - Background
In compliance with the requirements of the California Environmental Quality Act (CEQA) and the
CEQA Guidelines, the City of San Bernardino has conducted an environmental review of the
proposed National Orange Show Industrial Project ("Proposed Project" or "Project"). A Notice of
Preparation (NOP) was released for public review on July 7, 2011. The Draft Environmental Impact
Report (EIR) was released on December 9,2011. After receiving public comment on the Draft EIR,
the City of San Bernardino prepared Responses to Comments (RTC) on the Draft EIR. The RTC
document includes the verbatim comments received on the Draft EIR, a list of those commenting, and
the City's responses to the significant environmental points raised. These Findings are based upon
the information contained in the Record of Proceedings, including the Final EIR, which includes the
Draft EIR and Technical Appendices, the RTC, City staff reports, Project applicant provided
materials, testimony presented during public hearings, and all of the materials set forth in the Record
of Proceedings.
The CEQA Public Resources Code Section 21000 et seq. provides that "public agencies should not
approve projects as proposed if there are feas~~le alternatives or feasible mitigatiorfmeasures
available which would substantially lessen the significant environmental effects of such projects"
(CEQA Section 21002; emphasis added). The procedures required by CEQA "are intended to assist
public agencies in systematically identifying both the significant effects of proposed projects and the
feasible alternatives or feasible mitigation measures which will avoid or substantially lessen such
significant effects" (CEQA Section 21002; emphasis added).
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EXHIBIT 3
National Orange Show Industrial Project
Findings of Fact for Environmental Effects
Introduction
CEQA provides that a public agency has an obligation to balance a variety of public objectives,
including economic, environmental, and social factors and, in particular, the goals of providing
employment opportunities for highly trained workers, and providing a satisfying living environment
for every Californian (Public Resources Code Section 21081; CEQA Guidelines, 14 Cal. Code of
Regulations, Section 15021(d)). CEQA also provides that "in the event [that] specific economic,
social, or other conditions make infeasible such project alternatives or such mitigation measures,
individual projects may be approved in spite of one or more significant effects thereof' (Public
Resources Code Section 21002). CEQA requires decision-makers to balance the benefits ofa
proposed project against its significant unavoidable adverse environmental impacts, and, if the
benefits of a proposed project outweigh the significant unavoidable adverse environmental impacts,
the unavoidable adverse environmental impacts may be considered "acceptable" by adopting a
"Statement of Overriding Considerations" (CEQA Guidelines, 14 Cal. Code of Regulations,
Section 15093). The Statement of Overriding Considerations must set forth the project benefits or
reasons why the Lead Agency is in favor of approving the project and must weigh these benefits
against the project's adverse environmental impacts identified in the Final EIR that cannot be
mitigated to a less-than-significant level.
Because the National Orange Show Industrial Project Draft EIR identified significant effects that may
occur as a result of the proposed Project, and in accordance with the provisions of CEQA and the
CEQA Guidelines, the City Council of the City of San Bernardino hereby adopts these Findings,
Findings of Fact and Statement of Overriding Considerations. For each of the significant effects
identified in Section 2, as set forth in greater detail in these Findings below, the City Council makes
the finding under Public Resources Code Section 2l081(a)(1) and/or (a)(2). For each of the
significant effects identified in Section 3, as set forth in greater detail in these Findings below, the
City Council makes the finding under Public Resources Code Section 2108 1 (a)(3).
In accordance with the provisions ofCEQA and the CEQA Guidelines, the City Council of the City
of San Bernardino has independently reviewed the record of proceedings, and based on the evidence
in the Record of Proceedings adopts these Findings of Fact and Statement of Overriding
Considerations.
1.3 - Custodian and Location of Records
The documents and other materials that constitute the administrative record fot. the City of San
Bernardino's actio.ns related to the proposed Project are located at the CitY of San Bernardino
Community Development Department (300 N. "D" Street, 3rd Floor, San Bernardino, California,
92418) and the Feldheym Public Library (555 W. 6th Street, San Bernardino, California, 92410). The
City of San Bernardino Community Development Department is the custodian ofthe record of
proceedings for the Project. Copies of these documents, which constitute the record of proceedings,
are and at all relevant times have been and will be available upon request at the office of the
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Introduction
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Findings of Fact for Environmental Effects
Community Development Department. This information is provided in compliance with Public
Resources Code Section 21081.6(a)(2) and CEQA Guideline Section 15091(e).
1.4 - Project Description
The proposed Project includes the construction of four industrial buildings comprising approximately
752,710 square feet of building area on approximately 38.1 acres (32.86 acres north parcel and 4.32
acres south parcel). Building sizes will range from approximately 27,810 square feet to 616,000
square feet. Regional access to the Project site would be provided by Interstate 215 (I-215) to the
west of the site, 1-10 to the south, and State Route 210 (SR-210) to the north. This location was
strategically chosen to minimize traffic impacts by locating an industrial use with trucking close to
major freeways. The existing uses of the property, parking and storage, do not maximize its potential
as an industrial site located near the freeway.
The City of San Bernardino General Plan Map and Zoning Map (2005) designates the proposed
Project site for Public Commercial Recreation (PCR), and Heavy Commercial (CH). In order to
accommodate the proposed project, a zone change/general plan amendment will be required to re-
designate the property from approximately 37.18 acres ofPCR and CH to Industrial Light (IL).The
PCR and CH designation reflects historical use of the main part of the site as an overflow parking
area for the National Orange Show grounds located on the west side of Arrowhead Avenue.
1.5 - Project Objectives
The following Project Objectives have been established for the National Orange Show Industrial
Proj ect.
OBJ-1
OBJ-2
OBJ-3
OBJ-4
OBJ-5
OBJ-6
Implement a General Plan Amendment and Zone Change, to provide for the orderly
transition from Public Commercial Recreation (PCR) to Light Industrial (LI).
Convert currently underutilized land on the Project site to industrial uses that will
create jobs and enhance the City's tax base.
Provide an industrial park that supports a wide range of warehouse distribution and
industrial tenants.
Provide convenient freeway access to trucks that will use the warehouse distribution
.\"'.;
facilities on the Project site. ..
Cluster industrial uses near existing roadway and freeways to reduce traffic
congestion and air emissions.
Facilitate goods movement for the benefit of local, regional, statewide and
nationwide economic growth.
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Introduction
OBJ-7
Complete the National Orange Show Industrial Project with necessary infrastructure
while incorporating high quality, consistent design standards.
OBJ-8
Accommodate new infill development that in an orderly manner that will fully utilize
existing infrastructure and public improvements.
OBJ-9
Provide new development that will assist the City in obtaining fiscal balance in the
years and decades ahead.
OBJ-10
Provide additional employment opportunities on the Project site.
1.6.. Record of Proceedings
For purposes ofCEQA and these Findings, the Record of Proceedings for the proposed Project
consists of the following documents and other evidence, at a minimum:
. The Notice of Preparation (NaP) and all other public notices issued by the City in connection
with the proposed Project;
. The Final Environmental Impact Report (Final EIR) for the proposed project, which consists of
the Draft EIR, the Technical Appendices, and the Response to Comments (RTC);
. The Draft EIR;
. All written comments submitted by agencies and members of the public during the public
review comment period of the Draft EIR;
· All responses to written comments submitted by agencies or members of the public during the
public review comment period of the Draft EIR;
· All written and verbal public testimony presented during a noticed public hearing for the
proposed Project at which such testimony was taken;
. A Mitigation Monitoring and Reporting Program (MMRP);
. The documents, reports and technical memoranda included or referenced in the Technical
Appendices of the Final EIR and/or referenced in the Final EIR;
· All documents, studies, EIRs, or any other materials incorporated br reference in the Draft EIR
and Final EIR and/or referenced in'the Draft EIR or Final EIR;
· The ordinances and resolutions adopted by the City of San Bernardino in connection with the
proposed Project, all documents incorporated by reference therein;
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Findings of Fact for Environmental Effects
. Matters of common knowledge to the City of San Bernardino, including but not limited to,
federal, State, and local laws and regulations and policy documents;
. Written correspondence submitted to the City of San Bernardino in connection with the
proposed Project;
. All documents, City staff reports, City studies, and all written or oral testimony provided to the
City of San Bernardino in connection with the proposed Project, as well as City responses to
any letters received after the close of the public review period, if any;
. Any documents expressly cited in these Findings;
. The City of San Bernardino's General Plan and the City's Zoning Ordinance;
. All testimony and deliberations received or held in connection with the proposed Project in a
public meeting; and
. Any other relevant materials required to be in the record of proceedings by Public Resources
Code Section 21167 .6( e) excluding any and all privileged materials, including materials
submitted to the City of San Bernardino by the Project applicant.
1.7 - Environmental Review and Public Participation
In June 2011, the City of San Bernardino determined that the proposed Project may have significant
affects on the environment and that an EIR should be prepared to analyze the potential impacts
associated with approval and implementation of the proposed Project. On July 7,2011, in accordance
with Section 15082 of the CEQA Guidelines, the City of San Bernardino distributed a Notice of
Preparation (NOP) of an Environmental Impact Report to the State Clearinghouse, local and regional
responsible agencies, and all other interested parties. The City held an advertised, public scoping
meeting on the NOP on July 13,2011 to provide: (a) information regarding the proposed Project and
(b) an opportunity for public input regarding project issues that should be addressed in the Draft EIR.
A total of six agencies responded to the NOP. A copy of the NOP, and the responses received during
the 30-day public review period are contained in Appendix A, Notice of Preparation and
Correspondence, of the Subsequent Draft EIR.
Over the course of a seven-month period, the Draft EIR for the proposed Project was prepared and
circulated for review and comment by the public, agencies, and organizations for l\.,45-day public
review period that began on December 9, 2011, and ended January 23,2012. A Notice of Completion
(NOC) of the Draft EIR was sent to the State Clearing House and the Draft EIR was circulated for
State review through the State Clearinghouse, (SCH. No. 2011071017). A'Notice of Availability
(NOA) of the Draft EIR for review was mailed to approximately 90 property owners within a 300-
foot radius of the Project site, as well as any interested parties that requested notification regarding
the proposed Proj ect and! or EIR.
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EXHIBIT 3
National Orange Show Industrial Project
Findings of Fact for Environmental Effects
Introduction
During the public review period, one comment letter on the Draft EIR was received. All comments
received on the Draft EIR were responded to in writing. The RTC, which is a component of the Final
EIR, was distributed to commentors on March 15,2012 in accordance with Section 15088(b) of the
CEQA Guidelines. The RTC was also made available for public review at the Feldheym Public
Library, located at 555 W. 6th Street, San Bernardino, California, 92410.
There have been numerous opportunities for public review and comment concerning both the
proposed Project and the environmental documents prepared for the Project, including the public
forums set forth below:
. City of San Bernardino Planning Commission meetings; and
. City of San Bernardino City Council meetings.
1.8 - General Findings
The City of San Bernardino hereby finds as follows:
. The City of San Bernardino is the "lead agency" for the proposed Project evaluated in the Final
EIR;
. The Draft EIR and the Final EIR were prepared in compliance with CEQA and the CEQA
Guidelines;
. The City of San Bernardino has undertaken an independent review to analyze the Draft EIR
and the Final EIR, and these documents reflect the independent judgment of the City Council;
. A Mitigation Monitoring and Reporting Program (MMRP) has been prepared requiring
mitigation measures and/or the changes to the proposed Project, which the City of San
Bernardino has adopted and made a condition of approval of the proposed Project. The MMRP
is incorporated herein by reference and is considered a part of the Record of Proceedings for
the proposed Proj ect;
. The MMRP designates responsibility and anticipated timing for the implementation of
mitigation;
. The City of San Bernardino will serve as MMRP coordinator;
. In determining whether the proposed Project has a significant impact on the environment, and
in adopting these Findings pursuant to Section 21081 of CEQA, the City has complied with
CEQA Section 21081.5 and 21082.2;
. The impacts of the proposed Project have been fully analyzed to the extent feasible at the time
of certification of the Final EIR;
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Findings of Fact for Environmental Effects
. The City of San Bernardino reviewed the comments received on the Draft EIR and the
responses thereto, and has determined that neither the comments received nor the responses of
such comments add significant information regarding environmental impacts of the Draft EIR.
The City of San Bernardino has based its actions on full appraisal of all view points, including
all comments received up to the date of adoption of these findings, concerning the
environmental impacts identified and analyzed in the Final EIR;
. The responses to the comments in the Draft EIR, which are contained in the Final EIR, clarify
and amplify the analysis in the Draft EIR;
. Having reviewed the information contained in the Draft EIR, the Final EIR, and the Record of
Proceedings, as well as the requirements of CEQA, and having analyzed the changes in the
Draft EIR that have occurred since the close of the respective public review periods, the City of
San Bernardino finds that there is no new significant information in the Final EIR and finds
that recirculation is not required;
. The City of San Bernardino has made no decisions that constitute an irretrievable commitment
of resources toward the proposed Project prior to certification of the Final EIR, nor has the City
previously committed to a definite course of action with respect to the proposed Project;
. The City of San Bernardino has independently analyzed the EIR prepared for the proposed
Project, and has independently considered the imposition of mitigation measures and all other
matters related thereto; and
. Copies of all the documents incorporated by reference in the Final EIR are and have been
available upon request at all times at City of San Bernardino Community Development
Department, the custodian of records for such documents and other materials.
Having received, reviewed, and considered all information and documents on the record, the City of
San Bernardino hereby conditions the proposed Project as set forth in the Conditions of Approval, the
Mitigation Monitoring and Reporting Program, and finds as stated in these Findings of Fact and
Statement of Overriding Considerations.
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National Orange Show Industrial Project
Findings of Fact for Environmental Effects
Impacts Declared To Be Less Than Significant
(No Mitigation Required)
The City agrees with the characterization in the Final EIR with respect to all impacts identified as
"less than significant" and finds that those impacts have been described accurately and are less than
significant or present no impact as so described in the Final EIR. Under CEQA, no mitigation
measures are required for impacts that are less than significant. (Pub. Resources Code, ~ 21002;
CEQA Guidelines, ~~ 15126.4, subd. (a)(3); 15091.) This finding applies to the impacts described in
the following sections
Aesthetics (Section 3.1)
. Impact AES-l: Substantial adverse effect on a scenic vista.
. Impact AES-2: Impacts to scenic resources.
. Impact AES-3: Degradation of the project area visual character.
. Impact AES-4: New source of substantial light or glare which would adversely affect day or
nighttime views.
. Impact AES-5: Cumulative significant impact on the visual character of the broader Project
area.
Agriculture Resources (Section 3.2)
. Impact AG-l: Conversion of prime farmland, unique farmland, or farmland of statewide
importance (farmland) to non-agricultural use.
. Impact AG-2: Conflict with existing zoning for agricultural use, or a Williamson Act contract.
. Impact AG-3: Changes in the existing environment which could result in conversion of
Farmland to non-agricultural use.
. Impact AG-4: Cumulative contribution to the conversion of prime and unique farmland or
conversion of farmland to non-agricultural uses.
Air Quality (Section 3.3)
· Impact AQ-l: Conflict or obstructi?n of implementation of the SCAqMD Air Quality
Management Plan.
· Impact AQ-2: Violate any air quality standard or contribute subStantially to an existing or
projected air quality violation.
· Impact AQ-5: Creation of objectionable odors affecting a substantial number of people.
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Impacts Declared To Be Less Than Significant
(No Mitigation Required)
National Orange Show Industrial Project
Findings of Fact for Environmental Effects
Biological Resources (Section 3.4)
. Impact BR-2: Impacts on any riparian habitat or other sensitive natural community.
. Impact BR-3: Impact on federally protected wetlands as defined by Section 404 of the Clean
Water Act.
. Impact BR-4: Interference with the movement of any native resident or migratory fish or
wildlife species or with established native resident or migratory wildlife corridors, or impede
the use of native wildlife nursery sites.
. Impact BR-5: Conflict with local policies or ordinances protecting biological resources.
. Impact BR-6: Conflict with an adopted Habitat Conservation Plan, Natural Community
Conservation Plan, or other approved local, regional, or state habitat conservation plan.
. Impact BR-7: Cumulative impact on any sensitive species, habitat, or wetland, interfere with
the movement of wildlife, or conflict with any local policies, ordinances, or habitat
conservation plans to protect biological resources.
Cultural Resources (Section 3.5)
. Impact CR -1: Changes in the significance of a historical resource.
. Impact CR-3: Destruction of a unique paleontological resource or site or unique geologic
feature.
. Impact CR-4: Disturbance of any human remains.
Geology and Soils (Section 3.6)
. Impact GS-2: Soil erosion or the loss of topsoil.
. Impact GS-4: Risks related to expansive soil.
. Impact GS-5: Soils incapable of adequately supporting the use of septic tanks or alternative
wastewater disposal systems.
Greenhouse Gases (Section 3.7)
. Impact GHG-l: Generation of greenhouse gas emissions.
. Impact GHG-2: Conflict with an applicable plan, policy, or regulation adopted for the purpose
of reducing the emissions of greenhouse gases.
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Impacts Declared To Be Less Than Significant
(No Mitigation Required)
Hazards and Hazardous Materials (Section 3.8)
. Impact HHM-I: Hazards related to the routine transport, use, or disposal of hazardous
materials.
. Impact HHM-2: Upset and accident conditions involving the release of hazardous materials
into the environment.
. Impact HHM-3: Hazardous emissions or handle hazardous or acutely hazardous materials,
substances, or waste within one-quarter mile of an existing or proposed school.
. Impact HHM-4: Location on a list of hazardous materials sites.
. Impact HHM-5: Location within an airport land use plan or within two miles ofa public
airport.
. Impact HHM-6: Location within the vicinity of a private airstrip.
. Impact HHM -7: Impairment or interference with an adopted emergency response plan or
emergency evacuation plan.
. Impact HHM-8: Risks involving wildland fires.
. Impact HHM-9: Cumulative hazard to the public or the environment with respect to the
handling of hazardous materials, substances, and waste; airport safety; the impairment of
emergency response, or wildland fire hazard.
Hydrology and Water Quality (Section 3.9)
. Impact HWQ-I: Violation of water quality standards or waste discharge requirements.
. Impact HWQ-2: Depletion of groundwater supplies or interference with groundwater recharge.
. Impact HWQ-3: Alteration of the existing drainage pattern of the site or area resulting in
erosion or siltation.
. Impact HWQ-4: Alteration of the existing drainage pattern of the site or area resulting in
flooding.
. Impact HWQ-5: Creation or contribution of runoff water which would exceed the capacity of
existing or planned stormwater drainage systems or provide substantialll:dditional sources of
polluted runoff.
. Impact HWQ-6: Degradation of water quality.
. Impact HWQ-7: Placement of housing within a IOO-year flood hazard area.
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. Impact HWQ-8: Placement within a lOO-year flood hazard area structures which would impede
or redirect flood flows.
. Impact HWQ-9: Exposure of people or structures to a significant risk of loss, injury or death
involving flooding.
. Impact HWQ-lO: Subject to inundation by seiche, tsunami, or mudflow.
. Impact HWQ-ll: Cumulative impacts with respect to water quality, erosion, siltation, or
hazards from flooding.
land Use and Planning (Section 3.10)
. Impact LUP-l: Division of an established community.
. Impact LUP-2: Consistency with any applicable land use plan, policy, or regulation.
. Impact LUP-3: Conflict with any applicable habitat conservation plan or natural community
conservation plan.
. Impact LUP-4: Cumulative impacts with respect to the physical division of an established
community, conflicts with applicable land use plans, policies or regulations, or conflicts with
any applicable habitat conservation plan or natural community conservation plan.
Mineral Resources (Section 3.11)
· Impact MR-l: Loss of availability of a known mineral resource.
· Impact MR-2: Loss of availability of a locally-important mineral resource recovery site
delineated on a local general plan, specific plan or other land use plan.
. Impact MR-3: Cumulative loss of known mineral resources or contribute to the cumulative loss
of availability oflocally-important mineral resource recovery sites delineated on local general
plans, specific plans or other land use plans.
Noise (Section 3.12)
· Impact N-2: Exposure of persons to or generation of excessive groundbome vibration or
groundbome noise levels.,
· Impact N-3: Increase in ambient noise levels in the project vicinity.
· Impact N-5: Location within an airport land use plan or within two rhiles of a public airport
and exposure to excessive noise levels.
. Impact N-6: Within the vicinity of a private airstrip, exposure to excessive noise levels.
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Impacts Declared To Be Less Than Significant
(No Mitigation Required)
Population and Housing (Section 3.13)
. Impact PH -1: Induce population growth in an area.
. Impact PH-2: Displace existing housing, necessitating the construction of replacement housing
elsewhere.
. Impact PH-3: Displace substantial numbers of people, necessitating the construction of
replacement housing elsewhere.
. Impact PH-4: Cumulative population growth or the substantial displacement of either housing
or peoples in the area.
Public Services (Section 3.14)
. Impact PS-I: Substantial adverse physical impacts associated with the provision of new or
physically altered fire facilities.
. Impact PS-2: Substantial adverse physical impacts associated with the provision of new or
physically altered police facilities.
. Impact PS-3: Substantial adverse physical impacts associated with the provision of new or
physically altered school facilities.
. Impact PS-4: Substantial adverse physical impacts associated with the provision of new or
physically altered park facilities.
. Impact PS-5: Substantial adverse physical impacts associated with the provision of new or
physically altered other facilities.
. Impact PS-6: Cumulative substantial adverse physical impacts associated with the provision of
new or physically altered fire, police, school, park, or other facilities.
Recreation (Section 3.15)
. Impact R -1: Increase the use of existing neighborhood and regional parks or other recreational
facilities such that substantial physical deterioration of the facility would occur or be
accelerated.
. Impact R-2: Inclusion or expansion of recreational facilities.
. Impact R-3: Cumulative impacts on recreation facilities.
. Impact T -4: Increase hazards due to a design feature or incompatible uses.
. Impact T -5: Inadequate emergency access.
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. Impact T -6: Conflict with adopted policies, plans, or programs regarding public transit, bicycle,
or pedestrian facilities, or otherwise decrease the performance or safety of such facilities.
Utilities and Service Systems (Section 3.17)
. Impact U-I: Exceed wastewater treatment requirements.
. Impact U-2: Require or result in the construction of new water or wastewater treatment
facilities or expansion of existing facilities.
. Impact U-3: Require orresult in the construction of new storm water drainage facilities or
expansion of existing facilities.
. Impact U-4: Sufficient water supplies available to serve the project from existing entitlements
and resources.
. Impact U-5: Result in a determination by the wastewater treatment provider that it has adequate
capacity to serve the project's projected demand.
. Impact U-6: Served by a landfill with sufficient permitted capacity to accommodate the
project's solid waste disposal needs.
. Impact U-7: Compliance with federal, state, and local statutes and regulations related to solid
waste.
. Impact U-8: Cumulative impact related to utilities and service systems.
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'S,c:;nf:""" ": "" " '
,.....".".J!ii\'.L., .... ...,,:8,<. ......
The Final Environmental Impact Report (Final EIR) for the National Orange Show Industrial Project
identifies significant individual project-level and cumulative adverse impacts of the proposed Project,
as well as proposed mitigation measures that would avoid or lessen impacts to less than significant.
Those impacts and mitigation measures are identified in the following sections. The San Bernardino
City Council finds, based on the facts set forth in the record, which include but are not limited to the
facts as set forth below, that the incorporation of the identified mitigation measures would mitigate
the identified significant individual project-level and cumulative adverse impacts to levels that are
considered less than significant. These findings have been prepared and considered in accordance
with California Environmental Quality Act (CEQA) Guideline 15091.
Air Quality
Impact AQ-4:
The project could expose sensitive receptors to substantial pollutant
concentrations.
Potentially Significant Impact
The proposed Project would emit air pollutants during construction and operation that could impact
nearby sensitive receptors.
Findings
Pursuant to CEQA Guidelines Section 15091 (a)(l), changes or alterations have been required in, or
incorporated into, the proposed Project that avoid or substantially lessen the significant environmental
effect as identified in the Final EIR.
Facts in Support of the Finding
The potentially significant project-specific environmental impact has been eliminated or substantially
lessened to a level that is less than significant by virtue of the following mitigation measure as
identified in the Final EIR and incorporated into the proposed Project.
MM AIR-1 b
During operation, the following measures shall be complied with:
. Prohibit on site truck idling in excess of five minutes.
. In order to reduce the project's operation diesel particulate matter emissions,
prior to the issuance of building permits, the project applicant shall require by
contract specifications that signs shall be posted on,the Site in loading bay
areas informing truck drivers of the California Air Resources Board
regulations that limit truck idling to no more tha,n five (5) minutes on site. The
developer/successor-in-interest shall establish a complaint line for complaints
regarding smoke, noise, and idling in excess of 5 minutes. This complaint line
shall be a toll free 1-800 number and posted on visible signs.
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. Use electricity, propane, butane, or natural gas to power onsite off-road
equipment (i.e., forklifts, etc.) instead of diesel or gasoline.
MM AIR-1c
During operation, the following measures shall be complied with:
. At project start, all heavy-duty trucks entering the property must meet or
exceed EP A 2007 engine emission standards.
. Beginning in 2015, all heavy-duty trucks entering the property must meet or
exceed 2010 engine emission standards.
. If the above clean truck requirements are infeasible, a phase-in schedule
should be put forth that will feasibly achieve emission reductions as soon as
possible.
. The facility operator will maintain a log of all trucks entering the facility to
ensure that on average, the daily truck fleet meets the emission standards listed
in the EIR. This log should be available for inspection by city staff at any
time.
. The facility operator will ensure that site enforcement staff in charge of
keeping the daily log and monitoring for excess idling will be trained/certified
in diesel health effects and technologies [for example, by requiring attendance
at CARB approved courses (such as the free, one-day Course #512)].
. Require at least a portion of the fleet to utilize alternative fueled technologies.
. Create a buffer zone, which can be office space, employee parking, greenbelt,
etc. between the warehouse and sensitive receptors.
. Prohibit all vehicles from idling in excess of five minutes on site.
. Have truck routes clearly marked with trailblazer signs, so trucks will not enter
residential areas.
. At a minimum, require tenants upon occupancy that do not already operate
2007 and newer trucks to apply in good faith for funding to replace/retrofit
their trucks, such as Carl Moyer, VIP, Prop 1B, or other similar funds. Should
funds be awarded, the tenant should also be required to accept and use them.
. Require facility operator to become SmartWay Partner upon start of
operations.
. Require facility operator to incorporate incentives and requirements such that
the maximum feasible number of truck trips (e.g., 90%) will be carried by
SmartWay 1.0 or greater carriers within the shortest time frame possible (e.g.,
three years).
According to the Draft EIR, the estimated maximum increased cancer risk and chronic hazard index
for the maximally exposed on-site worker and the closest residential receptor to the project boundary
from on-site idling and running emissions were compared with the SCAQMD CEQA thresholds. The
analysis assumed that the trucks would idle onsite for 5 minutes and that there would be no onsite off-
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road equipment (i.e., forklifts, etc.). The comparison of cancer risk and chronic hazard index to the
thresholds is shown in Table 3.3-10. The increased cancer risk and chronic hazard index for both
worker and receptor are below the SCAQMD CEQA thresholds.
To ensure that risks remain less than significant, mitigation is required. Without proper mitigation to
regulate truck idling and the use of diesel and gasoline, the impact to nearby sensitive receptors would
remain potentially significant. Mitigation Measure AIR-lb and AIR-Ic limits on site truck idling and
the use of diesel or gasoline, thereby decreasing the operational risk associated with on-site toxic air
contaminants. The implementation of Mitigation Measure AIR-Ib and AIR-Ic, as further described
in the EIR, would reduce the impacts to a level that is less than significant. Based on the analysis
contained in the EIR, other considerations in the record, and the standards of significance, the City
finds that implementation of Mitigation Measure AIR-Ib and AIR-Ic would ensure that impacts
related to sensitive receptors would be reduced to a less-than-significant level.
Reference: Section 3.3, Air Quality, of the Draft EIR.
Biological Resources
Impact BR-1:
The project could have a substantial adverse effect, either directly or through
habitat modifications, on a species identified as a candidate, sensitive, or special
status species in local or regional plans, policies, or regulations, or by the
California Department of Fish and Game or U.S. Fish and Wildlife Service.
Potentially Significant Impact
Trees on the Project site could provide suitable nesting habitat for a number of bird species that
would fall under the protection of the Migratory Bird Treaty Act (MBTA). If ground disturbance
occurs during the nesting season (February through August), nesting birds may be directly or
indirectly impacted.
Findings
Pursuant to CEQA Guidelines Section 15091 (a)(1), changes or alterations have been required in, or
incorporated into, the proposed Project that avoid or substantially lessen the significant environmental
effect as identified in the Final EIR.
Facts in Support of the Finding
The potentially significant project-specific environmental impact has been eliminated or substantially
lessened to a level that is less than significant by virtue of the following mitigaJion measure as
identified in the Final EIR and incorporated into the proposed Project.
MM BR-1 a
If vegetation removal, soil disturbance, or any other construction-related activity is to
occur during the avian nesting season (February I through August 31), a
preconstruction nesting bird survey shall be conducted not greater than seven days
prior to initiation of construction. If nests are discovered, they shall be avoided by an
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appropriate buffer, as determined by a qualified wildlife biologist. The temporary
"no construction" area shall be maintained until the nest has completed its cycle, as
determined by a qualified wildlife biologist. Once the nest cycle is complete and all
nestlings have fledged and left the nest, then construction in the area could resume.
Construction activity may only occur within the temporary "no construction" area at
the discretion of a biological monitor.
As explained in the Draft EIR, the biological resource study (MBA 2011) indicated that no candidate,
sensitive or special-status plants were observed on the site during the field survey. Additionally,
since the Project site is highly disturbed by activities associated with the Bar None Auctions and
dominated by non-native species, there is a very low potential for any rare plant species to occur on
the Project site. Furthermore, none of the candidate, sensitive, special-status wildlife species or
species of special concern, as identified in local, regional, and State regulations or by the CDFG or
USFWS, was observed on site during the field survey. Therefore, candidate, sensitive, special-status
wild life species or species of special concern are very unlikely to occur within the Project site and
the impacts associated will be less than significant.
However, as discussed above, trees on the project site could provide suitable nesting habitat for a
number of bird species that would fall under the protection of the MBTA. Without proper mitigation
to regulate the timing of vegetation removal, soil disturbance, or any other construction activity, the
impact to nesting birds would remain potentially significant. The implementation of Mitigation
Measure BR-la, as further described in the EIR, would reduce the impacts to a level that is less than
significant. Based on the analysis contained in the EIR, other considerations in the record, and the
standards of significance, the City finds that implementation of Mitigation Measure BR-la would
ensure that impacts related to sensitive receptors would be reduced to a less-than-significant level.
Reference: Section 3.4, Biological Resources, of the Draft EIR.
Cultural Resources
Impact CR-2:
The project could cause a substantial adverse change in the significance of an
archaeological resource pursuant to ~ 15064.5.
Potentially Significant Impact
Based upon the Project site's potential occurrence within the territory of the Serrano Native
American populations prior to European settlement, it is possible that previously u.nknown
archaeological resources could be uncovered-during excavation and grading activities associated
with Project construction.
Findings
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Pursuant to CEQA Guidelines Section 15091 (a)(1), changes or alterations have been required in, or
incorporated into, the proposed Project that avoid or substantially lessen the significant environmental
effect as identified in the Final EIR.
Facts in Support of the Finding
The potentially significant project-specific environmental impact has been eliminated or substantially
lessened to a level that is less than significant by virtue of the following mitigation measure as
identified in the Final EIR and incorporated into the proposed Project.
MM CR-1
In the event that buried cultural resources are discovered, all activities shall cease in
the immediate vicinity of the find and a qualified archaeologist shall be consulted to
determine whether the resource requires further study. The qualified archeologist
shall make recommendations to the Lead Agency on the measures that shall be
implemented to protect the discovered resources, including but not limited to
excavation of the finds and evaluation of the finds in accordance with S 15064.5 of
the CEQA Guidelines. Any previously undiscovered resources found during
construction within the Project area should be recorded on appropriate DPR forms
and evaluated for significance in terms ofCEQA criteria. If the resources are
determined to be unique historic resources as defined under S 15064.5 of the CEQA
Guidelines, mitigation measures shall be identified by the monitor and recommended
to the Lead Agency. Appropriate mitigation measures for significant resources could
include avoidance or capping, incorporation of the site in green space, parks, or open
space, or data recovery excavations of the finds.
No further grading shall occur in the vicinity of the discovery until the Lead Agency approves the
measures to protect these resources. Any archaeological artifacts recovered because of mitigation
shall be donated to a qualified scientific institution approved by the Lead Agency where they would
be afforded long-term preservation to allow future scientific study.
In addition, reasonable efforts to avoid, minimize, or mitigate adverse effects to the property will be
taken and the SHPO and Native American tribes with concerns about the property, as well as the
Advisory Council on Historic Preservation (ACHP) will be notified within 48 hours in compliance
with 36 CFR 800. 13 (b)(3).
While a records search and onsite pedestrian survey determined that no known archeological
';-',
resources are present on the Project site,i-t is, however, located within theterntory of the Serrano and
was possibly used by Native American populations prior to European settlement. Without proper
mitigation to regulate ground-disturbing construction activity, the impact to previously unknown
archeological resources would remain potentially significant. The implementation of Mitigation
Measure CR-I, as further described in the EIR, would reduce the impacts to a level that is less than
significant. . Based on the analysis contained in the EIR, other considerations in the record, and the
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standards of significance, the City finds that implementation of Mitigation Measure CR-l would
ensure that impacts related to cultural resources would be reduced to a less-than-significant level.
Reference: Section 3.5, Cultural Resources, of the Draft EIR.
Impact CR-5:
The project, when considered on a cumulative basis, could cause a substantial
adverse impact due to the discovery of currently unknown historic, prehistoric, or
archeological resources.
Potentially Significant Impact
Excavation and other ground-disturbing construction activity could impact unknown cultural
resources or human remains on the Project site and could contribute to potentially significant
cumulative impacts.
Findings
Pursuant to CEQA Guidelines Section 15091 (a)(l), changes or alterations have been required in, or
incorporated into, the proposed Project that avoid or substantially lessen the significant environmental
effect as identified in the Final EIR.
Facts in Support of the Finding
The potentially significant cumulative environmental impact has been eliminated or substantially
lessened to a level that is less than significant by virtue of the following mitigation measure as
identified in the Final EIR and incorporated into the proposed Project.
MM CR-1
In the event that buried cultural resources are discovered, all activities shall cease in
the immediate vicinity of the find and a qualified archaeologist shall be consulted to
determine whether the resource requires further study. The qualified archeologist
shall make recommendations to the Lead Agency on the measures that shall be
implemented to protect the discovered resources, including but not limited to
excavation of the finds and evaluation of the finds in accordance with ~ 15064.5 of
the CEQA Guidelines. Any previously undiscovered resources found during
construction within the Project area should be recorded on appropriate DPR forms
and evaluated for significance in terms of CEQA criteria. If the resources are
determined to be unique historic resources as defined under S 15064.5 of the CEQA
Guidelines, mitigation measures shall be identified by the monitor and recommended
to the Lead Agency. Appropriate mitigation measures for signific~nt resources could
include avoidance or capping1 incorporation of the site in green space, parks, or open
space, or data recovery excavations of the finds.
No further grading shall occur in the vicinity of the discovery until the Lead Agency approves the
measures to protect these resources. Any archaeological artifacts recovered because of mitigation
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shall be donated to a qualified scientific institution approved by the Lead Agency where they would
be afforded long-term preservation to allow future scientific study.
In addition, reasonable efforts to avoid, minimize, or mitigate adverse effects to the property will be
taken and the SHPO and Native American tribes with concerns about the property, as well as the
Advisory Council on Historic Preservation (ACHP) will be notified within 48 hours in compliance
with 36 CFR 800.13(b)(3).
As explained in the Draft ErR, according to the Cultural Resource Survey of the National Orange
Show Industrial Park Project, there are no known cultural resources that occur on the Project site.
However, excavation and other ground-disturbing activities during Project construction could impact
unknown cultural resources or human remains at the Project site. Without proper mitigation to
regulate ground-disturbing construction activity, the cumulatively considerable impact to previously
unknown cultural resources or human remains would remain potentially significant. The
implementation of Mitigation Measure CR-l, as further described in the EIR, would reduce the
impacts to a level that is less than significant. Based on the analysis contained in the EIR, other
considerations in the record, and the standards of significance, the City finds that implementation of
Mitigation Measure CR-l would ensure that impacts related to cultural resources would be reduced to
a less-than-significant level.
Reference: Section 3.5, Cultural Resources, of the Draft EIR.
Geology and Soils
Impact GS-1 :
The project could expose people or structures to potential substantial adverse
effects, including the risk of loss, injury, or death involving:
iii) Seismic-related ground failure, including liquefaction.
Potentially Significant Impact
The specific risks associated with ground failure such as liquefaction, seismic settlement, and lateral
spreading could potentially occur on the Project site. The results of liquefaction analysis conducted
as part of the Geotechnical Investigation indicated that onsite soils are susceptible to liquefaction.
Findings
Pursuant to CEQA Guidelines Section 15091 (a)(l), changes or alterations have been required in, or
incorporated into, the proposed Project that avoid or substantially lessen the significant environmental
effect as identified in the Final EIR.'
Facts in Support of the Finding
The potentially significant project-specific environmental impact has been eliminated or substantially
lessened to a level that is less than significant by virtue of the following mitigation measure as
identified in the Final EIR and incorporated into the proposed Project.
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MM 65-1
During site preparation and prior to onsite grading:
. Significant vegetation and other deleterious materials shall be removed from
all areas to be graded. Such materials may not be used as or within engineered
fill.
. All uncontrolled fills shall be completely removed, cleaned of significant
deleterious materials, and may then be reused as compacted fill.
. All existing uncontrolled and/or undocumented fills and buried obstructions
under any proposed flatwork and paved areas shall be removed and replaced
with engineered compacted fill.
. Any cavity created by removal of subsurface obstructions shall be thoroughly
cleaned of loose soil, organic matter and other deleterious materials, shaped to
provide access for construction equipment, and backfilled in accordance with
American Society for Testing and Materials (ASTM) D1557.
As explained in the Draft EIR, the San Jacinto and San Andreas Faults are the two largest active
faults in the City of San Bernardino area. The San Jacinto fault is a sub-parallel branch of the San
Andreas Fault, extending from the northwestern San Bernardino area, southward, into the El Centro
region, and is located approximately one mile southwest of the Project site. The San Andreas Fault is
located approximately 5.2 miles to the northeast of the Project site. The San Andreas Fault is
considered to be the major tectonic feature of California, separating the Pacific plate from the North
American Plate. As such, seismic ground failure is a risk.
As the Draft EIR further explains, the specific risks associated with ground failure include the
potential for liquefaction, seismic settlement, and lateral spreading, all of which could potentially
occur on the Project site. The results ofliquefaction analysis conducted as part of the Geotechnical
Investigation (Appendix E) indicated that onsite soils are susceptible to liquefaction. The
Geotechnical Investigation suggests that possible manifestations of liquefaction at the Project site
could be in the form of ground settlements, sand boils/ground cracking, and bearing capacity failures
of shallow foundations. Without proper mitigation to regulate site preparation and grading activity,
the impact to onsite people and structures would remain potentially significant. Implementation of
Mitigation Measures GS-I would ensure that post-construction settlement would be within tolerable
levels. The implementation of Mitigation Measure GS-I, as further described in the EIR, would
reduce the impacts to a level that is less than significant. Based on the analysis contained in the EIR,
other considerations in the record, and the sta~dards of significance, the City finds 'that
implementation of Mitigation Measure GS-l would ensure that impacts related from geotechnical
conditions would be reduced to a less-than-significant level.
Reference: Section 3.6, Geology and Soils, of the Draft EIR.
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Impact GS-3:
The project could be located on a geologic unit or soil that is unstable, or that
would become unstable as a result of the project, and potentially result in collapse
or compression.
Potentially Significant Impact
Onsite surface soils and other organic materials are unsuitable for building support. These soils are
compressible and lack the stability to bear the weight of the planned structures.
Findings
Pursuant to CEQA Guidelines Section 15091 (a)(l), changes or alterations have been required in, or
incorporated into, the proposed Project that avoid or substantially lessen the significant environmental
effect as identified in the Final EIR.
Facts in Support of the Finding
The potentially significant project-specific environmental impact has been eliminated or substantially
lessened to a level that is less than significant by virtue of the following mitigation measure as
identified in the Final EIR and incorporated into the proposed Project.
MM GS-1
During site preparation and prior to onsite grading:
. Significant vegetation and other deleterious materials shall be removed from
all areas to be graded. Such materials may not be used as or within engineered
fill.
. All uncontrolled fills shall be completely removed, cleaned of significant
deleterious materials, and may then be reused as compacted fill.
. All existing uncontrolled and/or undocumented fills and buried obstructions
under any proposed flatwork and paved areas shall be removed and replaced
with engineered compacted fill.
. Any cavity created by removal of subsurface obstructions shall be thoroughly
cleaned of loose soil, organic matter and other deleterious materials, shaped to
provide access for construction equipment, and backfilled in accordance with
American Society for Testing and Materials (ASTM) D1557.
As explained in the Draft EIR, onsite surface soils and other organic materials are unsuitable for
building support. These soils are compressible and lack the stability to bear the weight of the planned
structures. All grading must adhere to the requirements of City of San Bemargino Municipal/Grading
Code, as well as the recommendations found within the Geotechnical Investigation (Appendix E).
Onsite soils would be stabilized through over-excavation, soil moisture conditioning, fill placement
and compaction, and sub-surface drainage. The existing soils within the majority of the site would be
over-excavated and the upper layer of soils and materials would be removed to expose existing in-
place dense soil consisting of older alluvium. Implementation of Mitigation Measures GS-1 would
ensure that post-construction settlement would be within tolerable levels.
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The implementation of Mitigation Measure GS-I, as further described in the EIR, would reduce the
impacts to a level that is less than significant. Based on the analysis contained in the EIR, other
considerations in the record, and the standards of significance, the City finds that implementation of
Mitigation Measure GS-I would ensure that impacts related from soils would be reduced to a less-
than-significant level.
Reference: Section 3.6, Geology and Soils, of the Draft EIR.
Impact GS-6:
When considered on a cumulative basis, would the Project expose people or
structures to potential adverse effects stemming from seismic activity, result in
substantial erosion or topsoil loss, result in on- or off-site liquefaction or other
secondary seismic hazards, or be located on expansive soil?
Potentially Significant Impact
Cumulative impacts associated with geology and soils would be potentially significant without
mitigation.
Findings
Pursuant to CEQA Guidelines Section 15091 (a)(1), changes or alterations have been required in, or
incorporated into, the proposed Project that avoid or substantially lessen the significant environmental
effect as identified in the Final EIR.
Facts in Support of the Finding
The potentially significant project-specific environmental impact has been eliminated or substantially
lessened to a level that is less than significant by virtue of the following mitigation measure as
identified in the Final EIR and incorporated into the proposed Project.
See Mitigation Measure MM GS-I, located within Impact GS-3.
With compliance of all federal, State, and local regulations, including the City of San Bernardino
Municipal/Grading Code, as well as with the recommendations found within the Geotechnical
Investigation (Appendix E) as incorporated in Mitigation Measure GS-I, the proposed Project's
individual impacts associated with geology and soils would be less than significant. Potential
impacts, no matter how insignificant, would be site- or project-specific and would not affect offsite
locations. Likewise, with compliance of all applicable regulations, other cumulative projects in the
area would not affect the proposed Project or other locations. Potential impacts would not be deemed
cumulatively considerable, and therefore, would be less than significant. ..
Reference: Section 3.6, Geology and Soils, of the Draft EIR.
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Impacts Mitigation to a
Less Than Significant Level
Noise
Impact N-1 :
The project could result in exposure of persons to or generation of noise levels in
excess of standards established in the local general plan or noise ordinance, or
applicable standards of other agencies with respect to construction noise.
Potentially Significant Impact
Sensitive receptors such as residential uses located approximately 100 feet north of the Project site
could potentially experience temporary noise level increases during the grading phase of
construction.
Findings
Pursuant to CEQA Guidelines Section 15091 (a)(l), changes or alterations have been required in, or
incorporated into, the proposed Project that avoid or substantially lessen the significant environmental
effect as identified in the Final EIR.
Facts in Support of the Finding
The potentially significant project-specific environmental impact has been eliminated or substantially
lessened to a level that is less than significant by virtue of the following mitigation measure as
identified in the Final EIR and incorporated into the proposed Project.
MM N-1a
MM N-1b
MM N-1c
MM N-1d
During all project site excavation and grading onsite, the construction contractors
shall equip all construction equipment, fixed or mobile, with properly operating and
maintained mufflers, consistent with manufacturers' standards. The construction
contractor shall place all stationary construction equipment so that emitted noise is
directed away from the noise sensitive receptors nearest the project site.
The construction contractor shall locate equipment staging in areas that will create
the greatest distance between construction-related noise sources and noise sensitive
receptors nearest the project site during all project construction.
The construction contractor shall limit all construction-related activities that would
result in high noise levels according to the construction hours determined by City
staff.
The construction contractor shall limit haul truck deliveries to the same hours
specified for construction equipment. To the extent feasible, haul routes shall not
pass sensitive land uses or residential dwellings.
As explained in the Draft EIR, noise levels generated by heavy constru'ction equipment can range
from approximately 70 dBA to noise levels in excess of 100 dBA when measured at 50 feet.
However, these noise levels diminish with distance from the construction site at a rate of 6 dBA per
doubling of distance. Construction noise is temporary, intermittent and of short duration, and will not
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present any long-term impacts. It is expected that the nearest homes, which are located
approximately 100 feet north of the project site, may experience temporary noise level increases
during the grading phase of construction. Construction noise will be heard and vary according to the
location and operations of grading equipment and often will be overshadowed by the surrounding
industrial uses and traffic noise from Arrowhead Avenue and Central Avenue. The City of San
Bernardino does not provide construction related noise standards, but limits the construction to
daytime hours to be determined by City staff.
Without proper mitigation to regulate the timing of grading, hauling, and other construction activity,
the impact to nearby residential receptors would remain potentially significant. The implementation
of Mitigation Measures N-la through N-ld, as further described in the EIR, would reduce the impacts
to a level that is less than significant. Based on the analysis contained in the EIR, other
considerations in the record, and the standards of significance, the City finds that implementation of
Mitigation Measures N-la through N-ld would ensure that noise impacts related to sensitive
receptors would be reduced to a less-than-significant level.
Reference: Section 3-12, Noise, of the Draft EIR.
Impact N-4:
The project could result in a substantial temporary or periodic increase in ambient
noise levels in the project vicinity above levels existing without the project.
Potentially Significant Impact
The nearest residential uses to the Project site, which are located approximately 100 feet north of the
site, could potentially experience temporary noise level increases during the grading phase of
construction.
Findings
Pursuant to CEQA Guidelines Section 15091 (a)(1), changes or alterations have been required in, or
incorporated into, the proposed Project that avoid or substantially lessen the significant environmental
effect as identified in the Final EIR.
Facts in Support of the Finding
The potentially significant project-specific environmental impact has been eliminated or substantially
lessened to a level that is less than significant by virtue of the following mitigation measure as
identified in the Final EIR and incorporated into the proposed Project.
MM N-1a
During all project site excavation and grading onsite, the construction contractors
shall equip all construction equipment, fixed or mobile, with properly operating and
maintained mufflers, consistent with manufacturers' standards. The construction
contractor shall place all stationary construction equipment so that emitted noise is
directed away from the noise sensitive receptors nearest the project site.
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MM N-1 b
The construction contractor shall locate equipment staging in areas that will create
the greatest distance between construction-related noise sources and noise sensitive
receptors nearest the project site during all project construction.
MM N-1c
The construction contractor shall limit all construction-related activities that would
result in high noise levels according to the construction hours determined by City
staff.
MM N-1d
The construction contractor shall limit haul truck deliveries to the same hours
specified for construction equipment. To the extent feasible, haul routes shall not
pass sensitive land uses or residential dwellings.
As explained in the Draft EIR, it is expected that the nearest homes, which are located approximately
100 feet north of the project site, may experience temporary noise level increases during the grading
phase of construction. Without proper mitigation to regulate the timing of grading, hauling, and other
construction activity, the impact to nearby residential receptors would remain potentially significant.
The implementation of Mitigation Measures N-la through N-1d, as further described in the EIR,
would reduce the impacts to a level that is less than significant. Based on the analysis contained in
the EIR, other considerations in the record, and the standards of significance, the City finds that
implementation of Mitigation Measures N-1a through N-1d would ensure that noise impacts related to
sensitive receptors would be reduced to a less-than-significant level.
Reference: Section 3-12, Noise, of the Draft EIR.
Impact N-7:
When considered on a cumulative basis, the project could expose persons to or
generate a substantial temporary increase in ambient noise levels.
Potentially Significant Impact
When combined with nearby traffic noise sources, as well as noise from the construction and
operation of other cumulative projects in the area, the proposed Project impact on noise could
potentially be significant.
Findings
Pursuant to CEQA Guidelines Section 15091 (a)(1), changes or alterations have been required in, or
incorporated into, the proposed Project that avoid or substantially lessen the significant environmental
effect as identified in the Final EIR.
Facts in Support of the Finding
The potentially significant cumulative environmental impact has been, eliminated or substantially
lessened to a level that is less than significant by virtue of the following mitigation measure as
identified in the Final EIR and incorporated into the proposed Project.
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MM N.1a
MM N-1 b
MM N-1 c
MM N-1d
During all project site excavation and grading onsite, the construction contractors
shall equip all construction equipment, fixed or mobile, with properly operating and
maintained mufflers, consistent with manufacturers' standards. The construction
contractor shall place all stationary construction equipment so that emitted noise is
directed away from the noise sensitive receptors nearest the project site.
The construction contractor shall locate equipment staging in areas that will create
the greatest distance between construction-related noise sources and noise sensitive
receptors nearest the project site during all project construction.
The construction contractor shall limit all construction-related activities that would
result in high noise levels according to the construction hours determined by City
staff.
The construction contractor shall limit haul truck deliveries to the same hours
specified for construction equipment. To the extent feasible, haul routes shall not
pass sensitive land uses or residential dwellings.
As explained in the Draft EIR, it is expected that the nearest houses to the Project site may experience
temporary noise level increases during the grading phase of construction. When combined with
nearby traffic noise and noise from construction and operation of other cumulative projects in the
area, the proposed Project's cumulative impact on noise could potentially be significant. Without
proper mitigation to regulate the timing of grading, hauling, and other construction activity, the
cumulatively considerable impact to nearby residential receptors would remain potentially significant.
The implementation of Mitigation Measures N-la through N-ld, as further described in the EIR,
would reduce the impacts to a level that is less than significant. Based on the analysis contained in
the EIR, other considerations in the record, and the standards of significance, the City finds that
implementation of Mitigation Measures N-la through N-ld would ensure that noise impacts related to
sensitive receptors would be reduced to a less-than-significant level.
Reference: Section 3-12, Noise, of the Draft EIR.
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Significant Unavoidable Adverse Impacts
The Final Environmental Impact Report (EIR) identified project-specific air quality impacts and
project-generated traffic impacts that cannot be mitigated to less than significant levels.
The San Bernardino City Council finds, based on the facts set forth in the record, which include but
are not limited to the facts as set forth below, those facts contained in the Final EIR, and any other
facts set forth in materials prepared by the City of San Bernardino and/or City consultants, that there
are no additional feasible mitigation measures, beyond those contained in either Sections 3 or 4 of the
Final EIR, that can mitigate the project-specific air quality impacts or project-generated traffic
impacts to levels that are less than significant. Therefore, as outlined in Public Resources Code
section 2l08l(b) and California Environmental Quality Act (CEQA) Guidelines section 15093, the
proposed Project will require a Statement of Overriding Considerations project-specific air quality
impacts and project-generated traffic impacts (see Attachment A).
Air Quality
Impact AQ-3:
The project could result in a cumulatively considerable net increase of a criteria
pollutant for which the project region is nonattainment under an applicable national
or State ambient air quality standard (including releasing emissions which exceed
quantitative thresholds for ozone precursors).
Potentially Significant Impact
The project could potentially exceed SCAQMD regional thresholds for VOC and NOx during
construction and operation.
Findings
Pursuant to CEQA Guidelines Section 15091 (a)(3), specific economic, legal, social, technological, or
other considerations, including provision of employment opportunities for highly trained workers,
make infeasible the mitigation measures identified in the Final EIR.
Pursuant to CEQA Guidelines Section 15093, therefore, the City of San Bernardino has balanced the
benefits of the project against its unavoidable environmental risks and has determined that this impact
is acceptable for the reasons stated in the Statement of Overriding Considerations (Attachment A).
Facts in Support of the Finding
The potentially significant cumulative environmental impact has been lessened by virtue of the
following mitigation measure as identified in the Final EIR and incorporated into the proposed
Project. However, the following mitigation measure would not lessen ~nvironmental impact to a less
than significant level. Even after incorporation of mitigation, cumulative impact would still be
considered significant and unavoidable.
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MM AIR-1a
The following mitigation measures are required for construction activities:
. Prohibit idling in excess of five minutes on site.
. Ensure that all off-road equipment is compliant with the California Air
Resources Board's in-use off-road diesel vehicle regulation and South Coast
Air Quality Management District Rule 2449.
. Provide temporary traffic controls such as a flag person, during all phases of
construction to maintain smooth traffic flow.
. Schedule construction activities that affect traffic flow on the arterial system to
off-peak hours to the extent practicable.
. Reroute construction trucks away from congested streets or sensitive receptor
areas to the extent practicable.
. Use electricity, propane, butane, or natural gas to power off-road construction
equipment instead of diesel or gasoline to the extent practicable.
MM AIR-1d
The following mitigation measures are required for construction activities:
. Project start to December 31, 2014: All off-road diesel-powered construction
equipment greater than 50 hp shall meet Tier 3 off-road emissions standards.
In addition, all construction equipment shall be outfitted with BACT devices
certified by CARB. Any emissions control device used by the contractor shall
achieve emissions reductions that are no less than what could be achieved by a
Level 3 diesel emissions control strategy for a similarly sized engine as
defined by CARB regulations.
. Post-January 1,2015: All off-road diesel-powered construction equipment
greater than 50 hp shall meet the Tier 4 emission standards, where available.
In addition, all construction equipment shall be outfitted with BACT devices
certified by CARB. Any emissions control device used by the contractor shall
achieve emissions reductions that are no less than what could be achieved by a
Level 3 diesel emissions control strategy for a similarly sized engine as
defined by CARB regulations.
As explained in the Draft EIR, the South Coast Air Basin is in nonattainment for ozone, nitrogen
dioxide, PMJO, and PM2.S, which means that the background levels of those pollutants are at times
higher than the ambient air quality standards. Furthermore, the proposed Project would exceed the
SCAQMD regional significance thresholds for NOx (ozone precursors) and long-term operational
emissions ofVOC and NOx are over the District's significance thresholds., VOC and NOx are
precursors to ozone formation. Short-term exposure can result in breathing pattern changes, reduction
of breathing capacity, increased susceptibility to infections, inflammation of the lung tissue, and some
immunological changes. Children who live in high ozone communities and who participate in
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multiple sports have been observed to have a higher asthma risk. This is a significant cumulative
health impact associated with ground-level ozone concentrations. In addition, since the proposed
Project also exceeds the NOx significance threshold, the Project would cumulatively contribute to
nitrogen dioxide concentrations and result in cumulative health effects.
Implementation of the above-described mitigation measure would still not reduce Impact AQ-3 to a
less-than-significant level. No feasible additional mitigation is available to fully reduce this impact.
For this reason, the impact would remain significant and unavoidable. The significant and
unavoidable impacts are outweighed and overridden by the economic, social, and other benefits of the
Proposed Proj ect.
Reference: Section 3.3, Air Quality, of the Draft EIR.
TransportationlTraffic
Impact T-1:
The project could conflict with an applicable plan, ordinance or policy establishing
measures of effectiveness for the performance of the circulation system, taking into
account all modes of transportation, including mass transit and non-motorized
travel and relevant components of the circulation system, including but not limited
to intersections, streets, highways and freeways, pedestrian and bicycle paths, and
mass transit.
The project could conflict with an applicable congestion management program,
including, but not limited to level of service standards and travel demand measures,
or other standards established by the county congestion management agency for
designated roads or highways.
Impact T-2:
Potentially Significant Impact
Segments of Interstate 215 (1-215) would operate at LOS F with, as well as without, the proposed
Project under Horizon Year (2035) traffic conditions.
Findings
Pursuant to CEQA Guidelines Section 15091 (a)(2), such changes or alterations are within the
responsibility and jurisdiction of another public agency and not the agency making the finding. Such
changes have been adopted by such other agency or can and should be adopted by such other agency.
Pursuant to CEQA Guidelines Section 15093, therefore, the City of San Bernardino has balanced the
benefits of the project against its unavoidable environmental risks and has determined that this impact
is acceptable for the reasons stated in the Statement of Overriding Considerations (Attachment A).
Facts in Support of the Finding
The potentially significant cumulative environmental impact has been lessened by virtue of the
following mitigation measures as identified in the Final EIR and incorporated into the proposed
Project. However, the following mitigation measures would not lessen environmental impact to a less
than significant level. Even after incorporation of mitigation, cumulative impact would still be
considered significant and unavoidable.
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MM TRANS-1 The Project is proposed to have access on Arrowhead Avenue via Driveway 1,
Driveway 2, Driveway 3, Central Avenue, Driveway 4 and Driveway 5; Central
Avenue via Driveway 6, Driveway 7 and Driveway 8; and Mill Street via Driveway
9. All Project driveways are proposed to be full-access. As part of the development,
the Project shall construct improvements on the site adjacent roadways of Arrowhead
A venue, Central Avenue, Esperanza Street, and Mill Street. Regional access to the
Project site shall be provided by the 1-215 Freeway via Mill Street, Inland Center
Drive, and Auto Center Drive. Roadway improvements necessary to provide site
access and onsite circulation are assumed to be constructed in conjunction with site
development and are identified within the TIA. These improvements shall be in
place prior to occupancy.
MM TRANS-2 Arrowhead Avenue/Central Avenue (#17) - The following mitigation measures
(shown in bold) are necessary to address direct project impacts for EAP 2013:
Install a traffic signal.
. Northbound: One through lane and one shared through-right turn lane.
. Southbound: One left turn lane and two through lanes.
. Eastbound: N/ A
. Westbound: One left turn lane and one right turn lane.
MM TRANS-3 Prior to occupancy, the applicant shall participate in the funding or in-lieu
construction of offsite improvements, including traffic signals that are needed to
serve cumulative traffic conditions through the payment of City of San Bernardino
Development Impact Fees (DIP) or a fair share contribution as directed by the City.
These fees are collected as part of a funding mechanism aimed at ensuring that
regional highways and arterial expansions keep pace with the projected population
increases. Each of the improvements discussed below have been identified as being
included as part of the City DIP funding program or fair share contribution.
The following fair share or in-lieu contributions are necessary for the following
improvements to address EAPC (2013) cumulative impacts:
. The following fair share or in-lieu contributions (shown in bold) are necessary
to address EAPC (2013) cumulative impacts for "E" Street/Mill StreetlInland
Center Drive (#10):
- Northbound: One shared hard-Ieft/left turn lane, one left turn lane, two
through lanes and one right turn lane.
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- Southbound: Two left turn lanes, one through lane, one shared
through-right turn lane, one right turn lane and one hard-right turn
lane.
- Eastbound: One left turn lane, one through lane, one shared through-
right turn lane and one shared right/hard-right turn lane.
- Westbound: One hard-left turn lane, two left turn lanes, one through
lane and one shared through right turn lane.
- Northeast bound: One shared hard-left/left turn lane, one left turn lane,
one right turn lane and one shared right/hard-right turn lane.
- * Due to physical constraints, the modification of the cycle length
from the existing 120 seconds to 130 seconds has been recommended
in lieu of additional lanes.
. The following fair share or in-lieu contributions (shown in bold) are necessary
to address EAPC (2013) cumulative impacts for Mountain Avenue/Mill Street
(#22):
Install a traffic signal.
- Northbound: One shared left-through-right turn lane.
- Southbound: One shared left-through-right turn lane.
- Eastbound: One shared left-through lane, one through lane and one
defacto right turn lane.
- Westbound: One shared left-through lane, one through lane and one
defacto right turn lane.
. The following fair share or in-lieu contributions are necessary to address
Horizon Year (2035) cumulative impacts:
. The following fair share or in-lieu contributions (shown in bold) are necessary
to address Horizon Year (2035) cumulative impacts for 1-215 Southbound
Ramps/Mill Street (#3):
- Northbound: N/ A
- Southbound: One left turn lane, one shared left-through lane and one
right turn lane. The existing shared left-through-right turn lane should
be re-striped as a shared left-through lane.
- Eastbound: Two through lanes and one right turn lane.
- Westbound: One left turn lane and two through ll}l1es.
- * Modify the cycle length from the existing 65 seconds to 120
seconds as a coordinated system.
. The following fair share or in-lieu contributions (shown in bold) are necessary
to address Horizon Year (2035) cumulative impacts for 1-215 Northbound
Ramps/Inland Center Drive (#7):
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- Northbound: One left turn lane, one through lane, one shared through-
right turn lane and one right turn lane.
- Southbound: N/ A
- Eastbound: One left turn lane and two through lanes.
- Westbound: Four through lanes and one defacto right turn lane.
- * Modify the cycle length from the existing 80 seconds to 120
seconds as a coordinated system.
. The following fair share or in-lieu contributions (shown in bold) are necessary
to address Horizon Year (2035) cumulative impacts for "E" Street/Mill
Street/Inland Center Drive (#10):
- Northbound: One shared hard-left/left turn lane, one left turn lane, two
through lanes and one right turn lane.
Southbound: Two left turn lanes, one through lane, one shared
through-right turn lane, one right turn lane and one hard-right turn
lane.
Eastbound: One left turn lane, one through lane, one shared through-
right turn lane and one shared rightlhard-right turn lane.
Westbound: One hard-left turn lane, two left turn lanes, one through
lane and one shared through-right turn lane.
Northeast-bound: One shared hard-left/left turn lane, one left turn lane,
one right turn lane and one shared rightlhard-right turn lane.
* Due to the physical constraints, the modification of the cycle
length from the existing 120 seconds to 130 seconds, removal the
crosswalk on the west leg (southbound direction) and modification
of the eastbound left and westbound left turn treatment to protected
phasing from the existing split phasing have been recommended in
lieu of additional lanes.
. The following fair share or in-lieu contributions are necessary to address
Horizon Year (2035) cumulative impacts for Mountain A venue/Mill Street
(#22):
Install a traffic signal.
- Northbound: One shared left-through-right turn lane.
- Southbound: One shared left-through-right turn lane."
- Eastbound: One shared left-through lane, one through lane and one
defacto right turn lane.
- Westbound: One shared left-through lane, one through lane and one
defacto right turn lane.
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According to the Draft EIR, the Traffic Impact Analysis prepared for the proposed Project concludes
that segments of the 1-215 Freeway would operate at LOS "F" even without the Project under horizon
Year (2035) traffic conditions. Because the City of San Bernardino has no control over State
facilities, and because the State facilities funded and planned to be developed under future traffic
conditions are already anticipated to operate at LOS "F" even without the proposed Project, there are
no further improvements that can be imposed upon the Project to mitigate its small cumulative
contribution to significant impacts to the identified segments ofI-2I5 Freeway under Horizon Year
(2035) traffic conditions. Caltrans has exclusive control over State highway improvements and State
highway improvements are by and large a matter of Statewide control. Therefore, impacts to
segments of the 1-215 Freeway in this regard will remain significant and unavoidable.
Implementation of the above-described mitigation measures would still not reduce Impacts T-l and
T -2 to a less-than-significant level. No feasible additional mitigation is available to fully reduce this
impact. For this reason, the impact would remain significant and unavoidable. The significant and
unavoidable impacts are outweighed and overridden by the economic, social, and other benefits of the
Proposed Project. Reference: Section 3-16, Transportation/Traffic, of the Draft EIR.
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In preparing and adopting findings, a lead agency need not necessarily address the feasibility of both
mitigation measures and environmentally superior alternatives when contemplating the approval of a
project with significant environmental impacts. Where the significant impacts can be mitigated to a
level of insignificance solely by the adoption of mitigation measures, the lead agency has no
obligation in drafting its findings to consider the feasibility of environmental superior alternatives,
even iftheir impacts would be less severe than those of the project as mitigated. Accordingly, in
adopting the findings concerning alternatives for the proposed project, the City of San Bernardino
considers only those significant environmental impacts that cannot be avoided or substantially
lessened through mitigation.
Where, as here, a project will result in some unavoidable significant environmental impacts even after
application of all feasible mitigation measures identified in the Final Environmental Impact Report
(EIR), the lead agency must consider the feasibility of alternatives to the project which could avoid or
substantially lessen the unavoidable significant environmental impacts. "Feasible" means capable of
being accomplished in a successful manner within a reasonable time, taking into account economic,
environmental, legal, social and technological factors California Environmental Quality Act (CEQA
Guidelines Section 15364).
If there are no feasible project alternatives, the lead agency must adopt a Statement of Overriding
Considerations with regard to the project pursuant to State CEQA Guidelines Section 15093. If there
is a feasible alternative to the project, the lead agency must consider in detail only those alternatives
which could feasibly attain most of the basic objectives of the project; however, the lead agency must
consider alternatives capable of eliminating significant environmental impacts even if these
alternatives would impede to some degree the attainment of the Project Objectives (CEQA Guidelines
Section 15126(d)).
These findings contrast and compare the alternatives where appropriate in order to demonstrate that
the selection of the proposed project, while still resulting in certain unavoidable significant
environmental impacts, has substantial planning, fiscal and other benefits. In rejecting certain
alternatives, the City of San Bernardino has examined the Project Objectives and weighed the ability
of the various alternatives to meet the objectives. The City of San Bernardino believes that there is no
alternative to the proposed Project that is both environmentally superior to the proposed Project and
achieves the Project Objectives. The objectives of the proposed Project that have been considered by
the City of San Bernardino are:
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OBJ-1
OBJ-2
OBJ-3
OBJ-4
OBJ-5
OBJ-6
OBJ-7
OBJ-8
OBJ-9
OBJ-10
Implement a General Plan Amendment and Zone Change, to provide for the orderly
transition from Public Commercial Recreation (PCR) to Light Industrial (LI).
Convert currently underutilized land on the Project site to industrial uses that will
create jobs and enhance the City's tax base.
Provide an industrial park that supports a wide range of warehouse distribution and
industrial tenants.
Provide convenient freeway access to trucks that will use the warehouse distribution
facilities on the Project site.
Cluster industrial uses near existing roadway and freeways to reduce traffic
congestion and air emissions.
Facilitate goods movement for the benefit of local, regional, statewide and
nationwide economic growth.
Complete the National Orange Show Industrial Project with necessary infrastructure
while incorporating high quality, consistent design standards.
Accommodate new infill development that in an orderly manner that will fully utilize
existing infrastructure and public improvements.
Provide new development that will assist the City in obtaining fiscal balance in the
years and decades ahead.
Provide additional employment opportunities on the Project site.
The Final EIR examined a reasonable range of alternatives to the proposed Project to determine
whether any alternative could meet the Project Objectives while avoiding or substantially lessening
one or more of the Project's significant unavoidable impacts. These findings examine each
alternative to determine feasibility. In determining the feasibility of alternatives, the lead agency may
take into account factors such as whether the alternative could be accomplished in a successful
manner within a reasonable period of time in light of economic, environmental, legal, social, and
technological factors.
The Final EIR has .concluded that after adherence to all applicable regulatory requirements, inclusion
of design features and incorporation of all feasible mitigation measures, the proposed Project will
nevertheless have three remaining significant adverse environmental impacts: (1) exceedance of
SCAQMD regional thresholds for VOC and NOx during construction and operation; (2) cumulatively
contribute to an increase in traffic along select segments of the 1-215 under Horizon Year (2035)
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traffic conditions that would cause the segments to operated at LOS F; and (3) conflict with the LOS
standards set fourth in the County of San Bernardino CMP.
Accordingly, the Final EIR analyzed three alternatives to the proposed Project. The alternatives,
which are analyzed in Section 5 of the EIR, include No Project-No Development Alternative,
Reduced Site Plan Alternative, and Sports Park/Light Industrial Alternative. The following
summarizes the feasibility of these alternatives as a means to reduce or avoid the significant
unmitigated impacts associated with the proposed Project.
No Project-No Development Alternative
The discussion and evaluation of a No Project-No Development Alternative is required by the CEQA
Guidelines S 15126.6( e). This alternative provides a comparison between the environmental impacts
of the proposed Project in contrast to the environmental impacts that could result from not approving,
or denying, the Project. Because the City of San Bernardino has discretionary authority over a project
and could choose to deny it, the environmental impacts of that action must be disclosed. As a result
of this potential decision, the Project site could remain in its current condition and the proposed
Project would not be developed (i.e. the No Project-No Development Alternative).
The City of San Bernardino finds that the No Project-No Development Alternative would not (1)
exceed SCAQMD regional thresholds for VOC and NOx during construction and operation; (2) would
not cumulatively contribute to an increase in traffic along select segments of the 1-215 under Horizon
Year (2035) traffic conditions that would cause the segments to operated at LOS F; and (3) conflict
with the LOS standards set fourth in the County of San Bernardino CMP.
Where an EIR identifies one or more significant environmental effects that would not be avoided or
substantially lessened by mitigation measures, the agency must consider the environmentally superior
alternatives to the Project and determine whether they are infeasible and the reasons for that
determination. (CEQA Guidelines, S 15091, subd. (a)(3).) To determine whether an alternative is
feasible, the agency must take into account specific economic, legal, social, technological, or other
considerations, including provision of employment opportunities for highly trained workers. (Id.)
"Feasible" means capable of being accomplished in a successful manner within a reasonable period of
time, taking into account economic, environmental, legal, social, and technological factors. (CEQA
Guidelines, S 15364.)
Among the factors that may be considered are inconsistency with the County's go~s, objectives, and
policies. The concept of "feasibility" encompasses the question of whether a particular alternative or
mitigation measure promotes existing County policies, as well as the underlying goals and objectives
of a project. "[F]easibility' under CEQA also encompasses 'desirability' to the extent that desirability
is based on a reasonable balancing of the relevant economic, environmental, social, and technological
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factors." (City of Del Mar v. City of San Diego (1982)133 Cal.App.3d 401,417; Sequoyah Hills
Homeowners Assn. v. City of Oakland (1993) 23 Cal.AppAth 704, 715.)
As explained further in the Draft EIR, although the potential environmental impacts associated with
the No Development Alternative would be less than the environmental impacts of the Project, the No
Development Alternative would not achieve any of the 10 objectives of the Project.
The City of San Bernardino finds that all potential significant environmental impacts of the proposed
Project will be mitigated by the inclusion of design features and incorporation of all feasible
mitigation measures as set forth in the Mitigation Monitoring and Reporting Program (MMRP),
except for: (1) exceedance ofSCAQMD regional thresholds for VOC and NOx during construction
and operation; (2) cumulatively contribute to an increase in traffic along select segments of the 1-215
under Horizon Year (2035) traffic conditions that would cause the segments to operated at LOS F;
and (3) conflict with the LOS standards set fourth in the County of San Bernardino CMP. The City of
San Bernardino further finds that, although the No Project-No Development Alternative would not
result in significant impacts to Air Quality or Transportation/Traffic this alternative is infeasible
because it would not attain the Project Objectives and would not provide the City of San Bernardino
with the benefits of the proposed Project as described in the Statement of Overriding Considerations.
Therefore, for the potential significant impacts that cannot be mitigated to a level below significance,
the City of San Bernardino adopts the Statement of Overriding Considerations located in Appendix A
of this document pursuant to CEQA Guidelines Section 15093.
Reduced Site Plan Alternative
Under the Reduced Site Plan Alternative, the planned development of the Project site would be
scaled-down by reducing building square footage and the portion of the site that would be developed.
The proposed Project is associated with the construction of four industrial buildings comprising
approximately 752,710 square feet of building area on approximately 38.1 acres (32.86 acres north
parcel and 4.32 acres south parcel). The proposed operational use and size for each of the buildings
are listed below:
. Building "A" - 616,000 square feet is assumed to support high-cube/distribution warehouse use
with access to Arrowhead Avenue and Central Avenue. Two (2) fire access points are
proposed on Esperanza Street.
. Building "B" - 78,960 square feet is assumed to be general warehouse ~th access to
Arrowhead Avenue and Central Avenue.
. Building "c" - 27,810 square feet is assumed to support genera1,1ight industrial uses with
access to Mill Street.
. Building "D" - 29,940 square feet is assumed to support general light industrial uses with
access to Mill Street.
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The Reduced Density Alternative would reduce the square footage devoted to high-cube/distribution
to 462,000 square feet, warehouse/distribution to 59,220 square feet and light industrial to 43,313
square feet for a total reduced floor area of 564,533 square feet. This alternative assumes that access
to the Project site would be identical to the proposed Project with access from Arrowhead Avenue,
Central A venue, and Mill Street.
The City of San Bernardino finds that impacts to Air Quality and Transportation/Traffic would be
reduced, albeit not to a less than significant level. Air Quality impacts would be reduced by 25-
percent compared to the proposed Project, although mass daily emissions ofVOC and NOx would
still exceed SCAQMD significance thresholds at Project build-out (2013). The Traffic Impact
Analysis prepared for the proposed Project concludes that segments of the 1-215 Freeway would
operate at LOS F even without the Project under Horizon Year (2035) traffic conditions. Because the
City of San Bernardino has no control over State facilities, and because the State facilities funded and
planned to be developed under future traffic conditions are already anticipated to operate at LOS F
even without the proposed Project, there are no further improvements that can be imposed upon the
Project to mitigate its small cumulative contribution to significant impacts to the identified segments
of 1-215 Freeway under Horizon Year (2035) traffic conditions. Caltrans has exclusive control over
State highway improvements and State highway improvements are by and large a matter of Statewide
control.
Aside from Air Quality and Transportation/Traffic, fifteen (15) of the issue areas would remain
generally the same ofless for this alternative when compared with the proposed Project, and impacts
would remain less than significant or less than significant with mitigation. However, under this
alternative, none of the adverse and unavoidable impacts associated with the Project would be
reduced to levels that are less than significant.
This alternative meets six of the ten Project Objectives; it does not meet Objectives 2,8,9 and 10.
Objective 2 calls for the conversion of currently underutilized land on the Project site to industrial
uses that will create jobs and enhance the City of San Bernardino's tax base. With the Reduced Site
Plan Alternative, development and operation of the alternative would reduce the total amount of jobs
created, ultimately reducing the City's tax base. Objective 8 calls for the accommodation of new
infill development in an orderly manner that will fully utilize existing infrastructure and public
improvements. With the Reduced Site Plan Alternative, development and operation of the alternative
would reduce the total square footage of industrial uses at the Project site, which would not fully
utilize existing infrastructure and public improvements. Objective 9 calls to provide new
development that will assist the City in obtairiing fiscal balance in the years and decades ahead.
Objective 10 calls for providing additional employment opportunities on the Project site. As
previously stated, the Reduced Site Plan Alternative would reduce the total square footage at the
Project site, which will reduce the total amount of jobs created, ultimately reducing the City's tax
base. Consequently, the reduction of jobs and tax base will not fully assist the City in obtaining the
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total potential fiscal balance in the years and decades ahead, nor will it provide the total potential
employment opportunities on the Project site.
The City of San Bernardino finds that all potential significant environmental impacts of the proposed
Project will be mitigated by the inclusion of design features and incorporation of all feasible
mitigation measures as set forth in the Mitigation Monitoring and Reporting Program (MMRP),
except for: (1) exceedance ofSCAQMD regional thresholds for VOC and NOx during construction
and operation; (2) cumulatively contribute to an increase in traffic along select segments of the 1-215
under Horizon Year (2035) traffic conditions that would cause the segments to operated at LOS F;
and (3) conflict with the LOS standards set fourth in the County of San Bernardino CMP. The City of
San Bernardino further finds that this alternative is infeasible because it would not attain as many of
the key Project Objectives and would not provide the City of San Bernardino with the benefits of the
proposed Project described above and in the Statement of Overriding Considerations. Therefore, for
the potential significant impacts that cannot be mitigated to a level below significance, the City of San
Bernardino adopts the Statement of Overriding Considerations located in Appendix A of this
document pursuant to CEQA Guidelines Section 15093.
Sports Park/Light Industrial Alternative
The Sports Park/Light Industrial Alternative proposes development of land uses on the Project site
that comply with the current General Plan land use and zoning designations, namely a sports park
with soccer fields on the northern portion of the site (north of Central Avenue). The Light Industrial
land uses on the southern portion of the Project site will remain consistent with the proposed Project's
planned industrial uses at that location.
The City of San Bernardino finds that impacts to Air Quality and Transportation/Traffic would be
reduced, albeit not to a less than significant level. Mass daily emissions of NO x would still exceed
the SCAQMD significance thresholds at Project build-out (2013). The Traffic Impact Analysis
prepared for the proposed Project concludes that segments of the 1-215 Freeway would operate at
LOS F even without the Project under Horizon Year (2035) traffic conditions. Because the City of
San Bernardino has no control over State facilities, and because the State facilities funded and
planned to be developed under future traffic conditions are already anticipated to operate at LOS F
even without the proposed Project, there are no further improvements that can be imposed upon the
Project to mitigate its small cumulative contribution to significant impacts to the identified segments
ofI-215 Freeway under Horizon Year (2035) traffic conditions. Caltrans has e,xclusive control over
State highway improvements and State highway improvements are by and'large a matter of Statewide
control.
Aside from Air Quality and Transportation/Traffic, thirteen (13) of the issue areas would remain
relatively the same or less for this alternative when compared with the proposed Project, and impacts
would remain less than significant or less than significant with mitigation.
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This alternative would meet only four of the Project objectives: Objective 2 (Convert currently under
utilized land on the Project site to industrial uses that will create jobs and enhance the City's tax
base); Objective 8 (Accommodate new infill development in an orderly manner that will fully utilize
existing infrastructure and public improvements); Objective 9 (Provide new development that will
assist the City in obtaining fiscal balance in the years and decades ahead); and Objective 10 (Provide
additional employment opportunities on the Project site). The infrastructure improvements that would
be necessary for implementation of the Sports Park/Light Industrial Alternative would generally be in
accord with Objective 8. Objectives 2,9, and 10 would minimally be met by this alternative due to
the small number of jobs and economic activity that a Sports Park/Light Industrial Alternative would
create. However, there would be far fewer jobs than the estimated 192 jobs that would be created by
the proposed Project, and any City of San Bernardino revenues created by a Sports Park/Light
Industrial Alternative would be much less than those that would be created by an industrial park.
Therefore, this alternative would only nominally meet Objectives 2, 8, 9, and 10 at levels that are
much less than the proposed Project and would still have a significant and unavoidable impact for Air
Quality and Transportation/Traffic.
The City of San Bernardino finds that all potential significant environmental impacts of the proposed
Proj ect will be mitigated by the inclusion of design features and incorporation of all feasible
mitigation measures as set forth in the Mitigation Monitoring and Reporting Program (MMRP),
except for: (1) exceedance of SCAQMD regional thresholds for VOC and NOx during construction
and operation; (2) cumulatively contribute to an increase in traffic along select segments of the 1-215
under Horizon Year (2035) traffic conditions that would cause the segments to operated at LOS F;
and (3) conflict with the LOS standards set fourth in the County of San Bernardino CMP. The City of
San Bernardino further finds that this alternative is infeasible because it would not attain as many of
the key Project Objectives and would not provide the City of San Bernardino with the benefits of the
proposed Project described above and in the Statement of Overriding Considerations. Therefore, for
the potential significant impacts that cannot be mitigated to a level below significance, the City of San
Bernardino adopts the Statement of Overriding Considerations located in Appendix A of this
document pursuant to CEQA Guidelines Section 15093.
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APPENDIX A
Statement of Overriding Considerations
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Statement of Overriding Considerations
The California Environmental Quality Act (CEQA) requires the lead agency to balance the benefits of
a proposed Project against its unavoidable environmental risks in determining whether to approve the
Proj ect.
The City of San Bernardino proposes to approve National Orange Show Industrial Project although
significant and unavoidable adverse impacts are expected to occur associated with: (1) exceedance of
SCAQMD regional thresholds for VOC and NOx during construction and operation; (2) cumulatively
contribute to an increase in traffic along select segments ofthe 1-215 under Horizon Year (2030)
traffic conditions that would cause the segments to operated at LOS F; and (3) conflict with the LOS
standards set fourth in the County of San Bernardino CMP. These significant adverse unavoidable
impacts have been identified and evaluated in the Final EIR. Even though these adverse impacts are
not reduced to a level considered less than significant, the San Bernardino City Council finds, after
balancing these impacts with the benefits of the proposed Project, that those impacts are outweighed
by the benefits of the Project. Further, the alternatives which were identified in the Final EIR would
not meet the Project Objectives, either in part or in whole, to the same extent as the proposed Project.
Pursuant to Public Resources Code Section 21081(b) and the CEQA Guidelines Section 15093, the
City of San Bernardino has balanced the benefits of the proposed Project against these unavoidable
adverse impacts associated with the Project and has adopted all feasible mitigation measures with
respect to the air quality and transportation/traffic impacts.
The City of San Bernardino also has examined alternatives to the proposed Project, none of which
meets the Project Objectives and/or is environmentally preferable to the Project. The City of San
Bernardino, after balancing the specific economic, legal, social, technological, and other benefits of
the proposed project, has determined that the unavoidable adverse environmental impacts identified
above may be considered "acceptable" due to the following specific considerations which outweigh
the unavoidable, adverse environmental impacts of the proposed Project. Each of the separate
benefits of the proposed Project, as stated herein, is determined to be, unto itself and independent of
the other Project benefits, a basis for overriding all unavoidable adverse environmental impacts
identified in these Findings. The City Council and City Planning Staff have independently verified
the existence of all facts stated below to justify the Statement of Overriding Considerations.
. The City has made a reasonable and good faith effort to eliminate or substantially mitigate the
potential impacts resulting from thy Project, as described above.
. All Mitigation Measures recommended in the Final EIR have been incorporated into the
Project and will be implemented through the MMRP.
. All alternatives to the Project, set forth in the Final EIR, do not provide substantial
environmental benefits over the Project because they do not reduce its significant and
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unavoidable impacts to less than significant, and the City finds that Project objectives and/or
specific economic, social and other benefits outweigh any environmental benefits of the
alternatives.
. In accordance with CEQA Guidelines Section 15093, the City has, in determining whether to
approve the Project, balanced the economic, legal, social, technological, and other benefits,
including region-wide or statewide environmental benefits of the Project against these
unavoidable environmental risks, and has found that the benefits ofthe Project outweigh the
unavoidable adverse environmental effects. The following statements specify the reasons why,
in the City's judgment, the benefits of the Project outweigh its unavoidable environmental
risks. The City also finds that anyone of the following reasons for approval cited below is
sufficient to justify approval of the Project. Thus, even if a court were to conclude that not
every reason is supported by substantial evidence, the City will stand by its determination that
each individual reason is sufficient. The substantial evidence supporting the City's Findings
and the benefits described below can be found in the Record of Proceedings.
- The proposed Project will convert currently underutilized land on the Project site to
industrial uses that will enhance the City's tax base.
The proposed project will contribute valuable jobs that will help decrease the area's
13.2 percent unemployment rate, as the jobs can be filled by residents of the City and the
surrounding area.
- The proposed Project will provide an industrial park that supports a wide range of
warehouse distribution and industrial tenants. This will be of benefit in that the proposed
Project will attract a wide range of new businesses to the currently underutilized Project
site.
- The proposed Project redevelops infill rather than expanding into greenfield.
- The proposed Project will provide convenient access to trucks that will use the warehouse
distribution facilities on the Project site in a manner that minimizes disruption to
residential areas within the City of San Bernardino. The Project site is located on or near
designated truck routes and can access the 1-215 Freeway directly, minimizing disruption
to residential areas.
- The proposed Project will cluster industrial uses near existing roadways and freeways,
which will serve to limit traffic congestion and associated air emissions.
- The proposed Project's proximity to the freeway will also prevent unnecessary wear and
tear on interior streets by trucks.
- The proposed Project includes the installation of 3 m W of solar panels to help offset
greenhouse gas emissions.
- The proposed Project will develop industrial uses near existing rail and airport uses, which
will serve to improve multimodal goods movement and reduce air emissions associated
with trucking.
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_ The proposed Project provides warehouse space that helps to alleviate the 1/2 billion
square feet deficit of warehouse space required to service the San Pedro port area.
- The proposed Project will facilitate goods movement for the benefit oflocal, regional,
statewide, and nationwide economic growth. The warehouse and distribution facilities
will provide for the efficient distribution of goods throughout Western San Bernardino
County and the greater Southern California region.
- The proposed project will complete the National Orange Show Industrial Park with
necessary infrastructure while incorporating high quality, consistent design standards.
Infrastructure necessary to support the project will be required. Project buildings, in
conjunction with substantial landscaping, will be well designed, of high quality, and
visually attractive. Infrastructure upgrades to the adjacent roadway system will benefit the
City in general and the surrounding property owners in particular.
- The proposed Project will provide for the orderly accommodation of new infill
development that will fully and efficiently utilize existing infrastructure and public
improvements.
- The proposed Project will provide new development that will assist the City of San
Bernardino in obtaining fiscal balance in the years and decade ahead. The establishment
of an industrial park on the currently underutilized Project site will increase property and
other tax revenues, and the influx of new employees into the area will benefit existing and
future retail and services businesses in the area.
- The proposed Project will provide additional employment opportunities on the Project
site. The Final EIR estimates that the proposed project will generate approximately 192
jobs, many of which will consist of highly trained workers.
. The foregoing benefits provided to the public through approval and implementation of the
Project outweigh the identified significant adverse environmental impacts of the Project that
cannot be mitigated.
. Each of the Project benefits separately and individually outweighs the unavoidable adverse
environmental impacts identified in the Final EIR and therefore finds those impacts to be
acceptable.
. Economic, social, and other considerations and benefits derived from the development of the
Project override and make infeasible any alternatives to the Project or further Mitigation
Measures beyond those incorporated into the Project.
Michael Brandman Associates
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Michael Brandman Associates
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EXHIBIT 4
CITY OF SAN BERNARDINO
PLANNING DIVISION
PROJECT: General Plan Amendment No. 11-04
HEARING DATE: 4/16/2012
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