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HomeMy WebLinkAbout06.F- Community Development RESOLUTION (ID# 1860) DOC ID: 1860 D CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Public Hearing From: Margo Wheeler M/CC Meeting Date: 06/18/2012 Prepared by: Aron Liang, (909) 384-5057 Dept: Community Development Ward(s): 7 Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Certifying the Final Environmental Impact Report for the Highland Marketplace Project; Adopting the Findings of Fact and the Mitigation Monitoring and Reporting Program; and Approving General Plan Amendment No. 11-03 to Change the Land Use Designation from Public Commercial Recreation(PCR)to Commercial General (CG-1), Tentative Parcel Map No. 19325 (Subdivision No. 11-01) to Subdivide 17.37 Acres into Seven Parcels, and Conditional Use Permit No. 11-08 to Construct a Multi-Tenant Commercial Shopping Center with a 136,090-Square Foot, 42-Foot Tall Home Improvement Store Which Exceeds the 30-Foot Height Limitation in the CG-1 District and Approximately 68,630 Square Feet of Retail and Restaurant Uses for the Site Located at the Southwest Comer of Highland and Arden Avenues. Financial Impact: The approval of this General Plan Amendment will benefit the City through increased property `�- tax and sales tax receipts(currently undetermined) to the General Fund,which funds vital services to the community such as Police and Fire services. Mayor to open the hearing. . . Motion: Close the hearing and adopt the resolution to: certify the Environmental Impact Report (SCH #2011061021); adopt the Mitigation Monitoring/Repor ing Program; and approve General Plan Amendment No. 11-03,Tentative Parcel Map No. 19325 (Subdivision No. 11-01) and Conditional Use Permit No. 11-08, based on the Findings of Fact in the staff report and subject to the Conditions of Approval. Synopsis of Previous Council Action: None. Background: On May 23, 2012, the Planning Commission recommended that Mayor and Common Council approve General Plan Amendment No. 11-03, Tentative Parcel Map No. 19325 (Subdivision No. © 11-01) and Conditional Use Permit No. 11-08, to change the General Plan land use designation Updated:6/14/2012 by Tony Stewart D PackeEPg 846 1860 from Public Commercial Recreation (PCR) to Commercial General (CG-1) on 17.37 acres of vacant land and a Tentative Parcel Map to subdivide 17.37 acres into 7 parcels. The proposal includes a Conditional Use Permit to construct a multi-tenant commercial shopping center with a 136,090-square foot, 42-foot tall home improvement store, which exceeds the 30-foot height limitation in the CG-1 district and approximately 68,630 square feet of retail and restaurant uses. The site is located at the southwest comer of Highland and Arden Avenues (Location Map - Attachment 1). The applicant requests that the Mayor and Common Council approve General Plan Amendment No. 11-03,Tentative Parcel Map No. 19325 (Subdivision No. 11-01) and Conditional Use Permit No. 11-08 subject to conditions as recommended by the Planning Commission at their meeting of May 23, 2012. The Planning Commission voted in favor of the proposed amendment and the proposed project. Commissioners Coute, Duff, Grochulski, Heasley, Machen, and Mulvihill, voted in support of the motion and Commissioner Lopez abstained. The proposed development will be constructed in one phase and the project site has been designed to accommodate seven commercial buildings, with related on-site parking and loading improvements and landscaping on approximately 17.37 acres. The buildings range in size from C 2,900 square feet to 170,979 square feet. The building heights range from 22 feet to 42 feet. Furthermore, a master sign program has been submitted to ensure compatibility and consistency within the center. Local vehicular/truck access to these buildings will be from driveways located on Highland and Arden Avenues. A secondary vehicular access will be located at 20`" Street, though trucks will be restricted from this driveway. A combination of landscaping and retaining/screening walls will screen views of loading activities on the site. The multi-tenant commercial shopping center will accommodate a variety of uses including a Home Depot home improvement store (with outdoor sales, seasonal sales, trailer display area, propane exchange) a gas station with a convenience store, a drive-thru restaurant, a drive-thru bank, offices, retail, and miscellaneous commercial uses. The proposed project will serve as a major shopping center for surrounding neighborhoods and will also provide employment opportunities for local residents. Other activities associated with the development proposal include grading and extension of utilities to the site. The proposal includes on-site infrastructure improvements related to vehicular access and circulation, water supply and wastewater conveyance, and electrical power and natural gas extension to the site. Updated:6/14/2012 by Tony Stewart D Paa YPg..849 1860 The applicant has reviewed the Conditions of Approval and requested the proposed revisions to Condition #19, as it relates to traffic and roadway improvements. Staff concurs with these requested revisions,which are also provided as Attachment A to the resolution. 19. The appheam shag provide the fbiIewing tfaffie related ifnpfevemefAsi As set forth in the Mitigation Monitoring and Reporting Program (MM/RP), the following traffic-related improvements shall be provided as mitigation for project impacts: i) Sterling Avenue/Highland Avenue (Weekend Peak Hour): hrtersection timing splits shall be optimized. Optimize the timing to account for additional project traffic. Adjust the coordination timing accordingly prior to Certificate of Occupancy. ii) I-210 Westbound Off-Ramp at Highland Avenue (AM and Weekend Peak Hour): The applicant shall work with Caltrans staff to optimize intersection timing splits prior to issuance of Certificate of Occupancy, subject to Caltrans approval. iii) I-210 Westbound On-Ramp/Arden Avenue at Highland Avenue(Weekend peak hour): The northbound middle-through lane shall be changed to a left-turn lane to increase left tam capacity per cycle. The current northbound right turn lane shall become a through/right-turn lane. All improvements shall be completed prior to issuance of Certificate of Occupancy, subject to Caltrans approval. The applicant's fair share contribution toward the construction of these improvements has been established by the approved Traffic impact Study prepared by Fehr & Peers to be 30% Actual costs of construction in excess of 30% may be applied toward the proiect's fair share contributions for future improvements as identified in the project's traffic analysis and listed in MM/RP TC-1 throw TC-9. iv) Highland Avenue and Victoria Avenue (Weekend peak hour) intersection timing splits shall be optimized prior to issuance of Certificate of Occupancy. { v) I-210 Eastbound Off-Ramp & Highland Avenue, I-210 Westbound On- Ramp/Arden Avenue/Highland Avenue and I-210 Eastbound On- Updated:6/14/2012 by Tony Stewart D 1860 Ramp/Arden Avenue shall be interconnected and coordinate them to coordinate the southbound, northbound and southbound approaches and "hold"the queue at the upstream intersection. FkisThe coordination shall he completed prior to issuance of the Certificate of Occupancy, subject to Caltrans approval. vi) Traffic impacts requiring mitigation at Future Year Buildout (2030) will listed in the MMRP TC-1 through TC-9 will require a fair share contribution payment prior to issuance of permits. This fair share contribution has been estimated to be$113,320. Excess contribution made by the construction of the improvements at I-210 Westbound On- Ramp/Arden Avenue at Highland Avenue may be applied toward the proiect's fair share contributions for future improvements as identified by the vroiect's traffic analysis as set forth in Condition 19 (iii). Final reconciliation of the fair share contribution shall be made at issuance of the Certificate of Occupancy,based on actual cost of construction of the I- 210 Westbound On-Ramp/Arden Avenue at Highland Avenue improvements. CALIFORNIA ENVIRONMENTAL QUALITY ACT(CEQA) An Environmental Impact Report(EIR)has been prepared in accordance with CEQA(available on the City's web site at www.sbcity.org<http://www.sbciiy.org> - see"How do I..." and "Locate..." and click Planning Documents). The EIR(Attachment E)identifies potentially significant impacts of the project, discusses avoidance measures incorporated in the project design, and numerous mitigation measures proposed to further reduce potential impacts of the project. Mitigation measures presented in the EIR have been included in the Mitigation Monitoring/Reporting Program(MMIRP)which is attached as Attachment D, and also incorporated by reference in the Conditions of Approval (Attachment C). The mitigation measures in the MM/RP will reduce all of the impacts of the project, including Air Quality, Traffic and Transportation,to less-than-significant levels. Key mitigation measures applied include modification of traffic signals at the intersection of Highland and Arden Avenues. There are no significant unavoidable impacts after mitigation. The following aspects of the project are cited as benefits that warrant approval of the project: • The project would bring employment opportunities to the City. • Development of the site would improve the tax base/City revenues. C Updated:6/14/2012 by Tony Stewart D Packet Pg. 851 1860 • The project would improve the image of the area with new construction. RECOMMENDATION That the hearing be closed and the Mayor and Common Council adopt the Resolution to: 1. Certify the Environmental Impact Report (SCH #2011061021). 2. Adopt the Mitigation Monitoring/Reporting Program. 3. Approve General Plan Amendment No. 11-03, Tentative Parcel Map No. 19325 (Subdivision No. 11-01) and Conditional Use Permit No. 11-08 based on the findings of fact in the Staff Report and subject to the Conditions of Approval. ATTACHMENTS: 1. Location Map 2.Planning Commission Staff Report Dated May 23,2012 { 3. Draft Planning Commission Minutes May 23,2012 Resolution: Attachment A: Conditions of Approval (Revised) Exhibit 1 -Final EIR and Draft EIR Exhibit 2 -MM/RP Exhibit 3 -Findings of Fact Exhibit 4 -General Plan Amendment Area City Attorney Review: Supporting Documents: Attachment 1 -Location Map(DOCX) Attachment 2 -PC staff report 5.23.12 (PDF) Attachment 3 - 5.23.12 PC Mtg Minutes (DOC) reso 1860 (PDF) Updated:6/14/2012 by Tony Stewart D Packet Pg.852 1860 Reso Attachment A-Conditions of Approval revised (DOC) OReso Exhibit I -Final EIR&Draft EIR (DOCX) Reso Exhibit 2 -MMRP (DOC) Reso Exhibit 2-MMRP (DOC) Reso Exhibit 3 -Findings of Fact (DOC) Reso Exhibit 4-General Plan Amendment Area (DOCX) Reso Exhibit 3 -Home Depot Findings 6 14 12 (DOC) Reso Exhibit 3 -Home Depot Findings Final 6 14 12 (DOC) c Updated:6/14/2012 by Tony Stewart D Pack r t Pg. 853 6.F.a ATTACHMENT 1 — LOCATIONIZONING MAP CITY OF SAN BERNARDINO -.4a PLANNING DIVISION PROJECT: GPA11-03 1 TPM19325 I CUP11-08 NORTH HEARING DATE: 611812012 KM RR RR 0 RS County ® PF ! RS i [� N PF i n.iii e,, n 1�1'.�✓}ti, .. F- PUMALO RMH N o m a m s� ryy V o t u`7 m U S J 1 21S E PROJECT SITE OFNGHLMD R ] NSON m L 0!1 T a N d GI I 177 r r,� v 8 MILIAR a V suf�sE RMH PF 0 E j LOS N `-- m 18TH FELIZ RS II E 17tH o STERN 13181 a4 na wo Copyright �I Packet Pg. 854 B.F.b PLANNING COMMISSION STAFF REPORT CITY OF SAN BERNARDINO PLANNING DIVISION CASE: General Plan Amendment No. 11-03,Tentative Parcel Map No. 19325 (Subdivision No. 11-01)and Conditional Use Permit No. 11-08 AGENDA ITEM: 3 9 HEARING DATE: May 23,2012 n WARD: 7 v N APPLICANTS: OWNER: m Home Depot USA Mark Development Inc. Economic Development Corp. E do: Jeff Hardman c/o:Mark Sandaval (SBEDC) a 3800 W Chapman Avenue P.O.Box 507 c/o: Emil Mamllo 0 Orange,CA 92868 Redlands,CA 92373 201 N E Street, Suite 301 Jeffrey_S_HwdmanQhomedepot.com k(lu markdeveloomentinc corn San Bernardino,CA 92401 a 0 b REQUESTILOCATION: A request to change the General Plan land use designation from Public Commercial Recreation (PCR) to Commercial General (CG-1) on 17.37 acres of vacant land and a Tentative Parcel Map to subdivide 17.37 acres into 7 parcels. The proposal includes a M Conditional Use Permit to construct a multi-tenant commercial shopping center with a 136,090- square foot 42-foot tall home improvement store which exceeds the 30-foot height limitation in e the CG-1 district and approximately 68,630 square feet of retail and restaurant uses located at the m southwest comer of Highland and Arden Avenues(Refer to Attachment A). tt m N Assessor Parcel Numbers: Various(72 parcels) a N CONSTRAINTS/OVERLAYS: v E Freeway Corridor Overlay m ENVIRONMENTAL FINDINGS: a 0 Environmental Impact Report d ® Potential Effects,Mitigation Measures and Mitigation Monitoring/Reporting Plan E s ❑ No Significant Effects R ❑ Exempt from CEQA a STAFF RECOMMENDATION: ® Approval Recommendation to Mayor and Common Council ❑ Denial: ❑ Continuance to: Packet Pg. 855 GPAII-03, TPM19325, CUPH-08 PC Meeting Date:5-23-12 Page 2 PROJECT DESCRIPTION The applicants request approval of the following: General Plan Amendment (GPA) No. 11-03 under the authority of Development Code § 19.50.030 to change the land use designation of approximately 17.37 acres from Public Commercial Recreation(PCR)to Commercial General(CG-1); m' Tentative Parcel No. 19325 (Subdivision No. 11-01) under the authority of Development Code § ° 19.60.030 to subdivide 17.37 acres into 7 parcels; and U Conditional Use Permit No. 11-08 under the authority of Development Code § 19.36.050 to: 1) N construct and operate a multi-tenant commercial shopping center and 2) to permit ancillary a architectural features to exceed the CG-1 height limitation of 30 feet. a The applicants propose the development of a multi-tenant commercial shopping center on an c approximately 17.37-acre project site with parking located in the center of the site and landscaping surrounding the project perimeter. The multi-tenant commercial shopping center has been designed to accommodate a 107,979-square foot home improvement store with a garden center and 68,630 square feet of additional commercial development to include a major tenant (43,830 square feet) and four other tenants ranging in size from 2,900 to 5,500 square feet. Moreover, the 17.37-acre site will be subdivided into seven parcels that will range in size from 0.73 acres to 8.93 acres. C> Other activities associated with the development proposal include grading and extension of c utilities to the site. The proposal includes on-site infrastructure improvements related to d vehicular access and circulation, water supply and wastewater conveyance, and electrical power and natural gas extension to the site. U a SETTING/SITE CHARACTERISTICS N The project site is located at the southwest comer of Highland and Arden Avenues consisting of E 72 individual parcels totaling 17.37 acres. The site is currently vacant though it is the previous location of the 292 multi-family housing units. The site has been cleared of all the previous m improvements associated with its residential use. < C N U U Q GPAII-03, 7PM19325,CUPII-08 PC Meeting Date:5-23-11 Page 3 Table 1: SITE AND SURROUNDING LAND USES LOCATION LAND USE GENERAL PLAN Public Commercial Subject Site Vacant Recreation(PCR) North Commercial CG-1 c Primary&Intermediate Public PF South Schools N East Multifamily Housing RMH m E a West Commercial CG-1 M O PROJECT HISTORYBACKGROUND m a • February 1973 — Permits issued to developed as the location of 296 multi-family dwelling units consisting primarily of quadruplexes. • June 1991 — After falling into marked disrepair, the neighborhood becomes the N focus of the efforts of the City of San Bernardino and its Redevelopment Agency to address concems of blight and crime. A Revitalization Plan is prepared. Cl! • July 1996—The first units are acquired by the Redevelopment Agency of the City o of San Bernardino as part an effort to assemble and redevelop the property. d • November 1996—Permits issued to cap-off sewer lines. t • February 2, 1999 — The Planning Commission considered General Plan Amendment No. 98-07 to change the land use designation of approximately 21 a acres from Residential Medium High (RMH) to Public Commercial Recreation w (PCR)land use district. • March 1, 1999 — the Mayor and Common Council approved General Plan E Amendment No. 98-07,Resolution No. 1999-42. • November 2009 - Following the acquisition and demolition of the remaining :°- properties in the identified target area, Planning Commission approves Tentative Q Parcel Map No. 19203, the tentative merger of the 72 parcels into a single lot in m anticipation of the impending sale of the property. E • December 2010 — Redevelopment Agency of the City of San Bernardino enters into an exclusive right to negotiate with Home Depot USA. a • June 2011 —Notice of Preparation of an EIR. • December 21,2011 -Draft EIR circulated for 60-day public review. • June 30,2011—Project scoping meeting is held to preview project plans. • April 19, 2012 — Project preview meeting with Del Rosa Neighborhood Association Group (DRNAG). • May 10,2012—Final EIR completed with responses to DEIR comments. Packet Pg. 857 GPAII-03, TPM19325,CIIPII-08 PC Meeting Date:5-13-11 Page 4 • May 10, 2012 - The legal ad for the proposed project was published on May 11, 2012, and the official notices were placed in the mail on May 10, 2012. The official notices included tenants and property owners within the 500-foot radius map date stamped May 8,2012. ANALYSIS The applicants propose to construct a multi-tenant commercial shopping center that will be o consistent and compatible with the Commercial General(CG-1)land use district.The subject site has historically been used for multi-family residential uses and is located in the PCR land use district. The proposed development will be constructed in one phase and the project site has been N designed to accommodate seven commercial buildings, with related on-site parking and loading improvements and landscaping on approximately 17.37 acres. The buildings range from 2,900 rn square feet to 170,979 square feet. The building heights range from 22 feet to 42 feet. o Furthermore, a master sign program has been submitted to ensure compatibility and consistency M within the center. Local vehicular/truck access to these buildings will be at driveways located on 9 Highland and Arden Avenues. A secondary vehicular access will be located at 20ih Street, though trucks will be restricted from this driveway. A combination of landscaping and retaining/screening walls will screen views of loading activities on the site. o u The multi-tenant commercial shopping center will accommodate a variety of uses including a Home Depot home improvement store (with outdoor sales, seasonal sales, trailer display area, r propane exchange) a gas station with a convenience store, a drive-thru restaurant, a drive-thru M bank, offices, retail, and miscellaneous commercial uses. The proposed project will serve as a major shopping center for surrounding neighborhoods. The proposed project will also provide o employment opportunities for local residents. The following site design discussion illustrates d compatibility of the project with the surrounding neighborhood. tt: m N parki a n Section 19.24.040 of the Development Code requires a minimum of 735 parking spaces for this N project, and the proposed site plan exceeds that standard with 795 stalls. This will allow the center to be occupied by a wide variety of commercial uses,including restaurants. £ L u Architecture Commercial Design Guideline G19.06.050 (3) calls for desirable qualities and design elements a for commercial structures to include and not limited to richness of surface and texture, arcades, d and articulated mass and bulk. To comply with this Guideline, the center has been designed with L a contemporary architectural style, and fagades will be articulated on all sides through the use of @ stucco and stone wainscot. Roofline treatment will be foam comice with stucco finish to match a the elevations. Storefronts will be decorative with mullion framing and tempered glass. Additional architectural features proposed for the buildings include tile accent wainscots, projections and columns. Furthermore,the architectural theme for individual buildings and stores within the center will be compatible to that of the main commercial building, to complement the center. The proposed colors on the building will complement the stone element and will provide an enhancement to the area. Attachment B contains proposed building elevations. PacketPg.858 GPAII-03, TPM19315,CUPII-08 PC Meeting Date:5-13-11 Page 5 Moreover, the applicants propose ancillary architectural features at 40 feet and 42 feet for Building "Majorl" and the Home Depot improvement building, respectively. The proposed heights would exceed the maximum height limitation of 30 feet for the CG-1 district. The ancillary architectural features would provide distinct massing elements for the buildings and are needed to avoid the appearance of "box-like" structures. The proposed ancillary architectural features would proportionately create visual character and interest for the proposed buildings. Development Code §19.06.030,Table 06.02, Commercial District Development Standards allows building height to exceed maximum height structure of 30 feet in the CG-1 district, subject to approval of a CUP. 0 Landscaping n The applicants are proposing to landscape 15% (76,885 square feet) of the , which meets the Development Code requirements pursuant to Chapter 19.28, Landscaping Standards. The site N will provide 331 trees for the proposed center(331 trees are required). rn E a Signs A master sign program has been proposed for the center and is required in the Conditions of c Approval. The sign program will ensure sign compatibility and consistency within the center and is consistent with Development Code Chapter 19.22, Sign Regulations. a c� Operating Characteristics The hours of operation for the center are expected to be normal business hours from 6:00 a.m. to 11:00 p.m., seven days per week,the hours of operation for the gas station with the convenience N store are expected to be 24 hours, seven days per week,and the drive-thru restaurant will be open M for walk-in service from 7:00 a.m. to 11:00 p.m. and for drive-thru service from 6:00 a.m. to N midnight, seven days per week. o a Additionally, the project site abuts the Freeway Corridor Overlay District. As such, the multi- tenant commercial shopping center will be entitled to a freeway sign pursuant to Development m Code §19.22.080(6), Freeway Signs, which allow the maximum sign height of fifty feet above n. the freeway grade. N The project complies with the CG-1 land use regulations and development standards of the Development Code, as indicated in Table 2: @ c @ E L U Q i jPacket Pg. 859 1, i GPAI1-03, TPM19325, CUPII-08 PC Meeting Date:5-23-12 Page 6 TABLE 2: PROJECT COMPLIANCE WITH DEVELOPMENT STANDARDS STANDARD DEVELOPMENT CODE E10 ANS Front: 10 feet et Side: 10 feet Setbacks Street Side: 10 feet S to 15 feet Rear: 10 feet 20 feet ° Home Depot=395 Home Depot=395 a Major 1 = 175 Major 1 =213 v Pad 1 = 18 Pad 1 = 18 Pad 2=23 Pad 2=23 m Parking Pad 3 =35 Pad 3=45 E Pad 4=55 Pad 4= 57 Shops=34 Shops=44 0 Total=735 spaces Total=795 spaces m 15%of parking area=76,885 s.f. 76,885 s.f.= 15%of whole site ca Landscaping whole site(minimum) 331 trees ° 331 trees N Building Height 30 ft. maximum 22 feet to 42 feet(*) N (*)Permitted to exceed 30 feet when abutting Freeway,subject to Conditional Use Permit in CG-1 0 District—Development Code Section 19.06.03, Table 06.02, Commercial Districts Development d Standards m N Additionally, the proposed parcels created by Tentative Parcel Map No. 19325 will meet the lot a size, lot coverage, and access requirements of the CH land use district, and will be consistent N with Development Standards, as shown in Table 3. d E u A Q c v E L U Q PacketPg.860 GPA71-03, TPM19315, CUPII-08 PC Meeting Date:5-23-12 Page 7 TABLE 3: GENERAL PLAN AND DEVELOPMENT CODE CONSISTENCY CATEGORY PROPOSAL DEVELOPMENT CODE ` GENERAL PLAN Permitted Parcel Map Subdivision Consistent Consistent Use Parcel 1 =8.98 acres Parcel 2=4.08 acres w Parcel 3 =0.73 acres ° Lot Area Parcel 4=0.84 acres 10,000 sq. ft. minimum N/A a Parcel 5=0.78 acres Parcel 6=0.88 acres N Parcel 7= 1.11 acres 1. Home Depot=35% E 2.Major 1 =25% 3. Shops=26% 50%maximum ° Building 4. Pad 1 = 8% (per individual parcel) N/A Coverage 5. Pad 2= 12% a 6. Pad 3 =9% 7. Pad 4= 11% 2 Standard Means: N Access Highland and Arden 2 Standard Means N/A y N Avenues o a d CALIFORNIA ENVIRONMENTAL QUALITY ACT(CEOA) Y m U An Environmental Impact Report(EIR) has been prepared in accordance with CEQA (available on the City's web site at www.sbcitv.ore—see"How do I..." and "Locate..." and click Planning N Documents). The EIR (Attachment E) identifies potentially significant impacts of the project, E discusses avoidance measures incorporated in the project design, and numerous mitigation L measures proposed to further reduce potential impacts of the project. Mitigation measures m presented in the EIR have been included in the Mitigation Monitoring/Reporting Program (MM/RP) which is attached as Attachment D, and also incorporated by reference in the Conditions of Approval (Attachment C). The mitigation measures in the MM/RP will reduce all of the impacts including Air Quality, Traffic and Transportation, of the project to less-than- significant levels. Key mitigation measures applied include modification of traffic signals at the x intersection of Highland and Arden Avenue. There are no significant unavoidable impacts after mitigation. The Draft EIR received one comment from K & L Hardware located at 26091 Baseline Street, San Bernardino, CA 92410 (Attachment F) and two comment letters from public agencies and complete responses have been provided in the proposed Final EIR. Packet Pg. 861 GPAII-03, TPM19325,CUPII-08 PC Meeting Date:5-23-12 Page 8 FINDINGS OF FACT—GENERAL PLAN AMENDMENT 1. The proposed amendment is internally consistent with the General Plan. The change of land use designation from PCR to the CG-1 district will enable the property owner to maintain and expand a viable commercial use and provide a development opportunity for new commercial uses that are consistent with the prevalent uses along Highland Avenue and the o neighboring areas of the project. The proposed amendment would permit commercial infill development in an area that has not experienced new development under the current PCR land a use designation, applied in 1999. The requested CG-1 land use designation will facilitate infill of 0 general commercial uses that will improve the Highland Avenue frontage and provide services to M nearby surrounding areas,consistent with the following policy: E Policy 4.1.1,which states: "Proactively seek out and retain business that create jobs and generate M sales tax revenue." ° 2. The proposed amendment would not be detrimental to the public interest, health, safety, a convenience, or welfare of the City. 0 m The proposal would not pose any threat to the public health,safety and welfare of the City in that any industrial development proposal would be required to comply with all applicable provisions of the Development Code, Chapter 19.06, Commercial Districts. The proposed amendment N [`✓ would enhance the value of the project site by making it feasible to implement the General Plan u policy stated above. o v 3. The proposed amendment maintains the appropriate balance of land uses within the City. A y The proposed amendment is consistent with the General Plan as described above and would a maintain the appropriate balance of land uses within the City. The property is currently designated PCR on approximately 17.37 acres and is not conducive for public and/or private commercial recreation facilities as the site located on Highland Avenue, a recognized corridor of E commercial activity. The proposed amendment will encourage business development opportunities and will allow compatibility with other retail commercial and office uses within proximity of the project site. Therefore,the proposed amendment would not adversely impact the a overall balance of land uses in the City. E E 4. The subject parcel is physically suitable (including, but not limited to, access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints)for the requested land use designation and anticipated land use development. All agencies responsible for reviewing access, and providing water, sanitation and other public services have had the opportunity to review the proposal, and none have indicated an inability to serve the project site. All required utilities and public services can adequately serve the site. GPAII-03, TPM19325, CUPII-08 PC Meeting Date:5-13-12 Page 9 The proposed amendment area is surrounded by developed, dedicated streets and existing infrastructure suitable for the proposed development. Construction and grading activities will be required to conform to all applicable provisions of the Development Code. FINDINGS OF FACT—TENTATIVE PARCEL MAP 1. The proposed subdivision is consistent with the General Plan and the Development Code. m The proposed parcel map is consistent with the General Plan and Development Code. The q various 72 parcels will be consolidated into seven large parcels that will meet the requirements in the Development Code as listed in Table 3 above. N Cl 2. The design of the proposed subdivision is consistent with the General Plan. a E a The design of the proposed subdivision is consistent with the General Plan. Policy 2.2.1 requires M projects to "ensure compatibility between land uses and quality design through adherence to the ° standards and regulations in the Development Code and policies and guidelines in the Community Design Element" By satisfying all necessary design requirements outlined in the Development Code, the project as proposed complies with all applicable Goals and Policies of c the City of San Bernardino General Plan. The subdivision proposed by TPM 19325 will maintain compatibility between existing commercial uses adjacent to the site through compliance with applicable Development N Standards, as shown in Tables 2 and 3 above and will promote quality design by consolidating multiple parcels to facilitate the planned development of the site. a d 3. The site is physically suitable for the proposed type of development. N As discussed in Table 3 above, the proposed map conforms to the Development Code a subdivision design standards for minimum lot area, lot standards and access. All proposed lots N will have sufficient buildable areas and will have access to dedicated public roads. Connecting to the existing infrastructure in the vicinity will provide water, sewer, and utility services adequate to serve commercial uses,as proposed. 4. The site is physically suitable for the proposed density of development. a c v The 17.37-acre site contains ample area for the creation of seven commercial lots and the EE associated development of seven commercial buildings. The site does not contain any physical constraints that would prevent or preclude the site from being developed at the proposed C intensity. As shown in Tables 2 and 3 above, the proposed commercial subdivision complies with all applicable provisions of the Development Code for subdivision design. Packet Pg. 863 GPAI1-03. 7PM19325,CUPII-08 PC Meeting Date:5-23-12 Page 10 5. The design of the subdivision is not likely to cause substantial environmental damage, or substantially and unavoidably injure fish of wildlife or their habitat. The design of the subdivision is not likely to cause any impacts to wildlife or their habitat. A Phase I Environmental Site Assessment prepared by Stechmann Geoscience Inc., dated March 24, 2011, characterized the site as urbanized and previously developed. There is no opportunity for wildlife to establish itself on-site. The proposed parcel map is included in the scope of the EIR for the proposed project. c 6. The design of the subdivision is not likely to cause serious public health problems. The design of the proposed subdivision meets all of the applicable Development Code M requirements and is unlikely to result in any significant public health problems. The proposed o parcels will have access to existing public streets. Existing utilities and public services are o available to serve the project site and ensure the maintenance of public health and safety. t_ M O 7. The design of the subdivision and related improvements will not conflict with any easements, acquired by the public at large,for access through or use of property within the proposed subdivision. 0 m m The design of the subdivision will not conflict with any public or private easements. All ii documentation relating to easements and dedications will be reviewed and approved by the City Engineer prior to recordation of the Final Map. Existing easements will be reserved in place or N relocated, as necessary. `o FINDINGS OF FACT—CONDITIONAL USE PERMIT m e: 1. The proposed development is conditionally permitted in the subject zoning district and N complies with all applicable provisions of the Development Code, including prescribed site U Q. development standards and any/all applicable design guidelines. N Z The proposed Highland Marketplace development is permitted subject to a Conditional Use U Permit in the CG-1 land use district. The development project site plan layout complies with parking and landscaping requirements and other applicable development standards, as detailed in B the staff report. Moreover, the architectural theme for the commercial buildings has been a designed to comply with architectural design guidelines pursuant to Development Code Section G19.06.050,Commercial Development Design Guidelines, as discussed on Page 4. s U 2. The proposed development is consistent with the General Plan. Q Table LU-2 of the General Plan describes the Commercial General (CG-1) land use district as a district intended for `local and regional serving retail, personal service, entertainment, office, (and) related commercial uses." Establishment of the Highland Marketplace Project as proposed would also implement the following General Plan policy: Packet.Pg.864', GPAII-03, 7PM19315,CUP11-08 PC Meeting Date:5-23-11 Page 11 Community Design Policy 5.7.6 — Ensure architectural detailing, including richly articulated surfaces and varied fagade treatment, rather than plain or blank walls. As discussed in the Analysis, on Page 4, the proposed project has been designed with unifying architectural design elements and will be compatible with other commercial buildings along Highland Avenue and proximity to the project site. Although the proposed ancillary architectural features at 40 feet and 42 feet for Building"Majorl" and the Home Depot improvement store would exceed the CG-1 height limitation, the overall c ceiling heights would be consistent with the CG-1 district consistent with the following General Plan policy: U Community Design Policy 5.7.3 — Maintain architectural interest and variety with varied rooflines,building setbacks,and detailed fagade treatments and maintain a strong sense of project o+ identity through similarities in fagades, landscaping,material use,colors, and roof shapes. o 3. Approval of the Conditional Use Permit for the proposed development is in compliance with o the requirements of the California Environmental Quality Act and Section 19.20.030(6) of the Development Code. j An Environmental Impact Report (EIR) (SCH #2011061021) was prepared for the proposed project, in compliance with the requirements of the California Environmental Quality Act (CEQA), and with Section 19.20.030(6) of the Development Code. A Mitigation Monitoring and Reporting Program (MM/RP) has been p re p ared for adoption with approval of the project, M N pursuant to CEQA requirements. `o 3. There will be no potential significant negative impacts upon environmental quality and d natural resources that could not be properly mitigated and monitored. y Construction and operation of the project as proposed will not result in any significant negative a impact upon environmental quality and natural resources. The Environmental Impact Report prepared by the Lilburn Corporation demonstrates that all potentially significant impacts upon environmentally quality can be properly mitigated and monitored. E s U 4. The location, size, design, and operating characteristics of the proposed use are compatible :? with the existing and ftture land uses within the general area in which the proposed use is to be located and will not create significant noise, traffic or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity or adverse to the is public interest, health, safety, convenience, or welfare of the City. The proposed commercial development is compatible with the existing and future land uses a within its vicinity in that the proposed development will consist of a variety of retail stores and restaurants consistent with prevalent uses along Highland Avenue. The proposed project will provide convenient commercial goods and services for residents of the surrounding neighborhoods. Additionally, the environmental analysis conducted for the project adequately demonstrates that proposed development will not result in any significant adverse impacts upon the environment. This analysis also confirms that no significant noise, traffic or other GPAII-03, TPM19315, CUPII-08 PC Meeting Date:5-23-12 Page 12 objectionable or detrimental conditions will result from the construction and operation of the proposed facility, and thus will have no adverse impacts to the public interest, health, safety, convenience or welfare of the City. 5. The subject site is physically suitable for the type and density/intensity of use being proposed. The 17.37-acre site has an appropriate size and location for the proposed multi-tenant commercial shopping center. The proposed development requires a large amount of available c land with ready accessibility to freeways, which the site provides. As shown in Table 2, above, each of the proposed buildings complies with applicable provisions of the Development Code for lot coverage, height,parking, etc. Therefore, the proposed density/intensity of development can v N be accommodated on the project site. M m 6 There are adequate provisions for public access, water, sanitation, and public utilities and o services to ensure that the proposed use would not be detrimental to public health and safety. M 0 All agencies responsible for reviewing access, and providing water and sanitation and other public services have reviewed the proposal, and none have indicated an inability to serve the project. The EIR contains an analysis of public services required to serve the project, and c concludes that all required services are available for the proposed project. The proposal will not be detrimental to the public health and safety in that all applicable Codes will apply to the construction of this project. M CONCLUSION r 0 The proposed project is consistent with the General Plan and the design of the improvements d conforms to applicable standards of the Development Code. The Environmental Impact Report @ has been prepared in accordance with CEQA, including many mitigation measures that will w protect public health and safety. a N RECOMMENDATION w E Staff recommends that the Planning Commission recommend that the Mayor & Common m Council: a 1. Certify the Environmental Impact Report(SCH#2011061021). m E 2. Adopt the Mitigation Monitoring/Reporting Program. a 3. Approve General Plan Amendment No. 11-03, Tentative Parcel Map No. 19325 (Subdivision No. 11-01) and Conditional Use Permit No. 11-08 based on the findings of fact in the Staff Report and subject to the Conditions of Approval(Attachment Q. r GPAII-03, TPM19325,CUPII-08 PC Meeting Date:5-23-12 Page 13 Respectfully Submitted, A"Lian Senior Planner m G Approved for Distributi n: ° 3 N M. go Wheeler,AICP a Community Development Director ~, O m Attachments: A. Location and Aerial Maps c� B. Project Plans Date Stamped May 7, 2012 c C. Conditions of Approval D.Mitigation Monitoring/Reporting Program E.Draft and Final Environmental Impact Report(CD) R Letter from K and L Hardware dated February 17,2012 N N O O. O ry N U a N C a E s U A Q C d 1= t U N Q 6.F.6 ATTACHMENT A - AERIAL MAP CITY OF SAN BERNARDINO PLANNING DIVISION PROJECT: GPA11-03 / TPM19325 / CUP11-08 HEARING DATE: 5/23/2012 NORTH m O a U N M O a mW M N a 0 m a N M N N 0 O a m PROJECT SITE a N C E L I U Q U am+ Q Packet Pg. 868 6.F.b ATTACHMENT A - LOCATION/ZONING MAP CITY OF SAN BERNARDINO PLANNING DIVISION PROJECT: GPA11-03 / TPM19325 I CUP11-08 HEARING DATE: 5/2312012 NORTH a o 1 I RR I F a u 3 j U Count I ' R$ ! I L� Y PP i RS I] PF ! o Puj FlL . R PUMALO f M N N t O COON q S T 21 0 E PROJECT SITE OFNN6NLAND N R " MON d m E I08 N a G E t I N < r� A A i NILLAR a v ! < NLos 18TH FEW a E ul 17H z IrERN :31 ;6: s:, I% uurr._., � o N Copyright p 2 ; ATTACHMENT B m N r n CL fill lo vi THE E�E uunsMv 1 = S ) O 1• .e- w •-- m.. .co.v-ra N ELEMMMYSCHOOL ..o.e.r.o.o ---_-.. w....n..uw.ru.ncmno THE HOMEDI a e WXPEPHMOP C SITE PLp a MAY 0 7 2012 eyr Packet Pg. 870 w 0 ^rte i r k � Q AT CL a . o Ro, --r---+ ; @ u y I .m I s4 -- y ' OE �- -- �^ELEMENTARY SCHCCL � I ter_ ISO- MAY 072012 sv 6:F.b m SEE 2 & a st... o Yl vY a - j MITU7 rm mw a J 6 c Q ., t11L1'L}�I MAY 092012 Packet Pg.$72 6.F.b m 0 a 0 Yu ` r a NORTH ELEVATION ~ M O I SOUTH ELEVATION N M N N 5 i .A5 � III N EMT ELEVATION MATERIAL AND COLOR LEGEND a m Al INESTELEVATION r nr :ter Q d MEMEN�NIEN __--_ DOWN wVENeE s o � m :MAY 7 2012 D m 0 n 1B iri N M O E a F— O FRONT ELEVATION O O W . .LAPS .r... Yg1pP1 N � F � C 0 PRfliIAI.PIAt! 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V ,w .�e; Torraxnll .�., PAD 4-EAST ELEVATION PAD 4-NOUN ELEVATION E s NE4 RA MENNNEO9OT vE4 U Sk]MP M'AE diQlM ti9ll r n svei.BY m 0 U PAD i- SOUTH ELEVATION PAD 1-EAST ELEVATION H O ro PAD 1-NORTH ELEVATION PAD 1-WEST ELEVATION N :owa1 0 ioaan S. - o .n nwri 4 MATMAK AND COLOR LEDENO ` T N t a PAD 2�SOUTH ELEVATION PAD 2-EAST ELEYAUON N �noma1 � ww 1 PAD 2-NORTH ELEVATION PAO 2-WEST ELEVATION W t 11N X0.[oBOf _wE_p C1 m�wavnu MAY 0 7 2012 Packet Pg. 876 1 1 1 O r 7t! LOWNY IO WICM BUIIYMU ---FefflYgNFL VEIK IWI4 V ? caae ro wIa ano[N moFrsscwa NIIV H I N M is'-0"fAG� 01 E M O A a II N CMO'1'COL11W f/li]M C0.JVN CA`IU%IA,I11N `YO ) a I � Vi a sun.p.v N C d r u m Q n[ mm PAD IFRE CUB"BEVATM m --.....-_ AgMOlNnBYEl119eMY F�kRF I w'A-'° t GXBFINVtl0,G U a a k E 2012 O Pac�ef#�g B �:m ATTACHMENT C C CONDITIONS OF APPROVAL Conditional Use Permit 11-08 and Tentative Parcel Map 19325 (Subdivision 11-01) 1. All development shall be in substantial conformance to submitted plans date stamped May 7,2012. 2. Within two years of Conditional Use Permit approval, commencement of construction c shall have occurred or the permit approval shall become null and void. In addition, if after commencement of construction, work is discontinued for a period of one year, then the permit approval shall become null and void. However, approval of the Development Permit does not authorize commencement of construction. All necessary permits must be M obtained prior to commencement of specified construction activities included in the Conditions of Approval. a t- M Expiration Date: 2 years from approval date of the GPA ° 3. Within two years of the original approval date, the filing of the final map with the Council shall have occurred or the approval shall become null and void. Expiration of a tentative map shall terminate all proceedings and no final map shall be filed without first processing a new tentative map. The City Engineer must accept the final map or tentative map documents as adequate for approval by Council prior to forwarding them to the City Clerk. The date the final map shall be deemed filed with the Council is the date on which H C the City Clerk receives the map. 0 Expiration Date: 2 years from approval date of the GPA d 4. In the event this approval is legally challenged, the City will promptly notify the y applicant of any claim, action or proceeding and will cooperate fully in the defense of this a matter. Once notified, the applicant agrees to defend, indemnify and hold harmless the City of San Bernardino (City), the Economic Development Agency of the City of San Bernardino (EDA), any departments, agencies, divisions, boards or commission of either the City or EDA as well as predecessors, successors, assigns, agents, directors, elected officials, officers, employees, representatives and attorneys of either the City or EDA m from any claim, action or proceeding against any of the foregoing persons or entities. G The applicant further agrees to reimburse the City for any costs and attorneys' fees which the City may be required by a court to pay as a result of such action, but such £ participation shall not relieve applicant of his or her obligation under this condition. The costs, salaries, and expenses of the City Attorney and employees of his office shall C be considered as "attorneys fees" for the purpose of this condition. As part of the consideration for issuing this Development Permit, this condition shall remain in effect if the Development Permit is rescinded or revoked, whether or not at the request of applicant. Packet:Pg: 878 6.F.b CPA 11-03I TPM 19315 1 CUP 11-08 PC Hearing Date:May 23,2012 Page 2 5. The property owner(s), facility operator and property management shall be responsible for regular maintenance of the site. Vandalism, graffiti, trash and other debris shall be removed within 24 hours of being report of being reported. 6. Signs are not approved as a part of this permit. Prior to establishing signs, the applicant shall submit an application for approval by the Planning Division. All signs proposed for the center shall be consistent with the Highland Marketplace Master Sign Program date m stamped May 7,2012. ° `a 7. Development of the project shall be subject to the attached mitigation measures in the Mitigation Monitoring/Reporting Program (MM/RP), incorporated by reference in these N Conditions of Approval. E 8. An Erosion Control Plan must be submitted with the on-site improvement plan for review F and approval by the Director of Community Development prior to issuance of the on-site o improvement permit. (See"Grading Policies and Procedures") R 4 9. An easement and covenant shall be executed on behalf of the City to allow the City to �? enter and maintain any required landscaping in case of owner neglect. Upon request, the Real Property Section will prepare documents for execution by the property owner. The documents shall ensure that, if the property owner or subsequent owner(s) fail to properly maintain the landscaping, the City will be able to file appropriate liens against the 7 property in order to accomplish the required landscape maintenance. A document- processing fee in the amount established by ordinance shall be paid to the Real Property - Section to cover processing costs. The property owner, prior to plan approval, shall d execute this easement and covenant unless otherwise allowed by the Community 2 Development Director. Prior to occupancy of any building, a bond shall be posted to 2 guarantee maintenance and survival of project landscaping for a period of one year L) pursuant to Section 19.30.230. Prior to occupancy of any building, a bond shall be posted a to guarantee maintenance and survival of project landscaping for a period of one year pursuant to Section 19.30.230. E s 10. An Off-site Improvement Plan and Permit are required for this project. The required w paving treatments for this project are as follows: G C i) Highland Avenue — Grind and Overlay the roadway along the project E frontage to the centerline of the street. R ii) Arden Avenue — Grind and Overlay the roadway along the project a frontage to the centerline of the street. iii) Construction of a modified knuckle at the terminus of E. Highland Outer Hwy. iv) 20'h Street—Grind and Overlay the roadway along the project frontage the full width of the street. .v. GPA 11-031 TPM 193251 CUP 11-08 PC Nearing Date:May 23.2012 Page 3 11. The parkway area beginning at the back of curb and extending to the right-of-way line on Arden Avenue shall be improved with full width sidewalk improvements. Work encroaching into Caltrans right of way will require a separate Caltrans encroachment permit. 12. A right-of-way dedication is required on Highland Avenue for a minimum half section of fifty feet. Additional right-of-way along Highland Avenue will be required at right turn m lanes. ° 13. Highland Avenue shall be widened and curb, gutter and sidewalk reconstructed at ultimate width. N M (n 14. The project's Water Quality Management Plan (WQMP) shall be approved prior to the E issuance of building permits. n 0 15. A Storm Water Pollution Prevention Plan (SWPPP) is required for this project. The SWPPP shall be approved prior to issuance of building permits. a c� 16. The project's Hydrology and Hydraulics shall be approved prior to issuance of building permits. 17. The final map for PM 19325 shall be recorded prior to issuance of building permits. 18. All rights of vehicular ingress/egress shall be dedicated, except at approved entrances, from the following streets: m i) Highland Avenue R N ii) Arden Avenue a N 19. The applicant shall provide the following traffic-related improvements: v E i) Sterling Avenue/I-lighland Avenue (Weekend Peak Hour): Intersection r m timing splits shall be optimized. Optimize the timing to account for a additional project traffic. Adjust the coordination timing accordingly prior to Certificate of Occupancy. E ii) I-210 Westbound Off Ramp at Highland Avenue (AM and Weekend Peak m Hour): The applicant shall work with Caltrans staff to optimize .. intersection timing splits prior to issuance of Certificate of Occupancy, subject to Caltrans approval. iii) I-210 Westbound On-Ramp/Arden Avenue at Highland Avenue(Weekend peak hour): The northbound middle-through lane shall be changed to a left-turn lane to increase left turn capacity per cycle. The current northbound right turn lane shall become a through/right-tum lane. All PacketPg.880 GPA 11-031 TPM 193251 CUP 11-08 PC Hearing Date:May 13.1012 Page 4 improvements shall be completed prior to issuance of Certificate of Occupancy, subject to Caltrans approval. iv) Highland Avenue and Victoria Avenue (Weekend peak hour) intersection timing splits shall be optimized prior to issuance of Certificate of Occupancy. V) I-210 Eastbound Off-Ramp & Highland Avenue, 1-210 Westbound On- Ramp/Arden Avenue/Highland Avenue and 1-210 Eastbound On- q Ramp/Arden Avenue shall be interconnected and coordinate them to coordinate the southbound, northbound and southbound approaches and "hold" the queue at the upstream intersection. This shall be completed N prior to issuance of the Certificate of Occupancy, subject to Caltrans approval. £ vi) Traffic impacts requiring mitigation at Future Year Buildout (2030) will require fair share contribution payments prior to issuance of permits. c a 20. The Electronic files of all public improvement plans/drawings shall be submitted to the City Engineer. The files shall be compatible with AutoCAD 2000, and include a .DXF file of the project. Files shall be on a CD and shall be submitted at the same time the final mylar drawings are submitted for approval. 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Oi > m ,L- wOC y ` > N � % wXL` w -' ° a.w.. > O =5 0 @ 5 0 0 Packe4Pg..888 6.F.b I ATTACHMENT Friday,February 17,2012 To whom it may concern, Hello my name is Brian Harris.I'm writing you in concern of the proposed Home Depot at the comer Highland and Arden.My family has owned and operated K&L Hardware for thirty-three years.We are a respected establishment that is hailed in our community as a provider of goods and services.We have served our customers well and provided them with reliability and knowledge.The business is an asset to the community and to the employee's who work here.In our local cornrnunity we are a household name. This business has grown exponentially throughout the years and has expanded its staff from five to sixteen. Customers and employees alike rely on us to provide them with opportunity and growth. c It is our position that this proposed Home Depot would cause adverse financial implications on our business.The distance between the proposed site and us is less than one mile(.08 mile). In the EIR a (Environmental Impact Report)my business,my livelihood,was described as a relatively small neighborhood-serving hardware store and brought up briefly in the Urban Decay P ortion of the report. U N A small blip barely recognizable for the thirty-three years of due diligence it has put forth to make a name M a for itself. I'm curious as to how the City of San Bernardino can continue forward with this project now that E CL the state of California has dissolved Redevelopment Agencies?Home Depot has not broken ground yet. Where's the money coming from?Isn't there outstanding debt incurred by the Redevelopment Agency that o needs to be addressed fast? m a The successor agency would receive the redevelopment agency's existing balances and future shares O of tax increment revenue to pay the aeenev's debts....While enactment of the Governor's proposal c as urgency legislation would prohibit redevelopment agencies from entering into additional obligations,existing debts would need to be paid. — N If the redevelopment agency no longer exists,who's approving the pursuance of this project? H What is the legality of a city funded development that has not been approved by the public.If I'm not vi a/ mistaken,legally it is up to the voters to decide if they want thew tax revenue to be spent on this proposed 0 development. Tax increment revenues that currently go to redevelopment agencies would be redirected to retire m redevelopment debts and contractual obligations and to fund other local government services.In w place of redevelopment,the administration indicates that it will propose a constitutional amendment a to allow local voters to approve tax increases and general obligation bonds for economic development purposes by a 55 percent majority. c d I feel there are questions that need to be addressed here both legally and financially. The public E r has a right to know where their tax dollars are being spent. � Thank you for your time, a c m Brian Harris E K&L Hardware v 26091 Baseline St =°• San Bernardino,CA.92410 Q 909-862-9450 Information provided bv: Legislative Analyst's Office:Financial Nonpartisan Fiscal and Policy Advisor The 2011-12 Budget:Should California End Redevelopment Agencies? http://www.lao.ca.gov/analysis/2011/realignment/redevelopment_02091 Laspx Pac Pg:889- eeaHn John Caw,,Chair T Larryneai",Vice-Chair Jim ,Dam Mulvihill CITY OF SAN BERNARDINO And,e Maehea COMMUNITYDEVELOPMENTDEPARTMENT Amelia S.Lopez Freder craahamw 300 North "D"Street, San Bernardino, California 92418 ceaw Rana, Phone:(909)384-505715071 • Fax:(909)384-5080 Dan C jmam z Bob Brown,Ale PLANNING COMMISSION MINUTES *DRAFT c REGULAR MEETING MAY 23,2012 N GENERAL PLAN AMENDMENT NO. 11-03, TENTATIVE PARCEL MAP NO. 19325 m 3 (SUBDIVISION NO. 11-01)AND CONDITIONAL USE PERMIT NO. 11-08 E 3 F j GENERAL PLAN AMENDMENT NO. 11-06, TENTATIVE PARCEL MAP NO. 19364 0 } (SUBDIVISION NO. 11-06)AND CONDITIONAL USE PERMIT NO. 12-07 I m DEVELOPMENT CODE AMENDMENT NO. 12-03 } o GENERAL PLAN ANNUAL REVIEW MEMORANDUM } N d U a. I, a { N M E 9 L U r Q i C N I s u M Q i V Page 1 of 5 05/23/2012 Packet Pg. 690 Chair Coute called the meeting to order at 6:00 p.m. Vice-Chair Heasley led the flag salute. Present: Commissioners Coate, Dort, Grochulski, Heasley, Lopez, Machen, Mulvihill. Excused: Jimenez and Rawls. Absent: Brown. Staff present: M. Margo Wheeler, Community Development Director; Henry Empeiio, Jr., Senior Deputy City Attorney; Aron Liang; Senior Planner; and j Daren Maynard,Planning Aide. o ADMINISTRATION OF OATH a f � Aron Liang administered the oath. M CONSENT AGENDA: E a M. Margo Wheeler, Community Development Director, recommended the meeting minutes tZ j of April 25, 2012 for approval. 9 Chair Coate made a motion to approve the meeting minutes of April 25,2012. Vice-Chair Heasley seconded the motion. 1 _ J The motion carried by the following vote: Ayes: Conte, Durr, Grochulski, Heasley, Lopez, w 1i Machen,Mulvihill. Excused: Jimenez and Rawls.Nays: None. Abstain: None. Absent: Brown. PUBLIC COMMENTS -ITEMS NOT ON AGENDA a No comments. a N PUBLIC HEARINGS N N 2. GENERAL PLAN AMENDMENT NO. 11-03, TENTATIVE PARCEL MAP M NO. 19325 (SUBDIVISION NO. 11-01) AND CONDITIONAL USE PERMIT NO. 11-08 - A request to change the land use designation of approximately 17.41 E acres from Public Commercial Recreation (PCR) to Commercial General (CG-1), and to subdivide 17.41 acres into 7 parcels for the construction of a multi-tenant a commercial shopping center with a 136,090-square foot home improvement store and approximately 68,630 square feet of retail and restaurant uses. The project site E is located at the southwest comer of Highland and Arden Avenues. Environmental Determination: Proposed Environmental Impact Report(EIR) a Owner: Economic Development Corporation of the City of San Bernardino Applicant: Home Depot U.S.A., hie. APN: Various(72 parcels) Ward: 7 V Page 2 of 5 05/23/2012 6.F.c Aron Liang, Senior Planner,gave a brief presentation on the project. Commissioner Machen asked if traffic would be impacted on Highland Avenue due to the project development. Jeff Hardman,3800 West Chapman Avenue,Orange,CA,Home Depot Real Estate Manager,said that Home Depot traffic representatives had been working with CalTrans on nearby freeway exit mitigations and the increase in entrances at the store will assist in the traffic flow on site. o Commissioner Lopez asked if the Home Depot store would be facing Highland Avenue. N Aron Liang said yes. E Commissioner Lopez voiced concerns over the increase in freeway and street traffic near the site. " C Henry Empeflo, Senior Deputy City Attorney said an environmental study had been a completed for this project and explained traffic studies within the report. 0 Commissioner Mulvihill asked if an entrance would be placed at Guthrie Street. w d Jeff Hardman said an area will be created for service vehicles at Guthrie Street,but will not be used as an entrance or exit for store customers. m Vice-Chair Heasley asked if multi-fueling station would be placed on the site for electric E U vehicles. a. N Mark Sandoval, 285 Rialto Avenue,Rialto, CA,Mark Development, said the projected tenant is a 7-11 with standard gas pumps. M Chair Coute asked if the existing Home Depot on Highland Avenue would close down after E the proposed project is completed. m Jeff Hardman said yes. a c v Chair Coate asked if day-laborer camps would be allowed on the project site. E U N Jeff Hardman said store managers are trained to not allow solicitation or loitering on the a store property and said that once they leave the property site they cannot enforce what they do on other parcels. Commissioner Durr asked if visitors to the nearby soccer field would be allowed to park in the lot at the project site during games. Mark Sandoval said parking at the store would be reserved for customers only. Page 3 of 5 05/23/2012 6.F.c O.. Brian Harris,26091 Baseline Street, spoke in opposition to the project because his family owns a nearby hardware store and said he was concerned about the impact to traffic in the neighborhood. Cheryl Tubbs, 1350 Orange Lane,Mentone,CA,EHi Representative,explained portions of the Environmental Impact Report that detailed traffic studies. Vice-Chair Heasley said he was concerned that residents in the northwest portion of the city o would choose to shop for hardware in another city because of the closure of the Home Depot on Muscupiabe Drive and Highland Avenue. U Commissioner Lopez said she was concerned that residents in the west-side of the city would not have access to a hardware store and recommended keeping the Highland Avenue £ store open as well as the proposed location. F M O Chair Conte asked for clarification on the proposed changes to the freeway ramps and CalTrans's involvement with those changes. a M. Margo Wheeler,Community Development Director, explained the involvement of CalTrans with the project and the proposed changes to the on/off ramps at Highland Avenue. Commissioner Lopez said that she was concerned about the increased traffic and the Cpotential for accidents regarding children and pedestrians who cross the street to gain access to the nearby soccer field and school. m Commissioner Mulvihill made a motion to certify the Environmental Impact Report(SCH a #2011061021), adopt the Mitigation Monitoring/Reporting Program and approve General Plan Amendment No. 11-03, Tentative Parcel Map No. 19325 (Subdivision No. 11-01) and N Conditional Use Permit No. 11-08 based on the Findings of Fact in the Staff Report and subject to the Conditions of Approval. " c v Commissioner Machen seconded the motion. The motion carried by the following vote: Ayes: Conte, Durr, Grochulski, Heasley, Machen, a Mulvihill. Excused: Jimenez and Rawls. Nays: None. Abstain: Lopez.Absent: Brown. E L ADJOURNMENT U Vice-Chair Heasley made a motion which was unanimously carried, to adjourn the Planning Commission meeting at 8:50 p.m. The next regular meeting was scheduled for Wednesday, June 25, 2012 at 6:00 p.m. in the Council Chambers, First Floor, 300 North "D" Street, San Bernardino, California. Minutes Adopted by Planning Commissioners: Date Approved: Page 4 of 5 05/23/2012 PacketPg..893 Minutes Prepared by: Melissa Thurman Executive Assistant «i 0 a U N N M O E a M O A d O b a0 N d G_ m U IL N M N N M C d E U U A Q C N E U U N Q Page 5 of 5 05/23/2012 #ta ek F '9;:854, B:Fa RESOLUTION NO. 2 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CERTIFYING THE FINAL ENVIRONMENTAL 4 IMPACT REPORT FOR THE HIGHLAND MARKETPLACE PROJECT; ADOPTING 5 THE FINDINGS OF FACT AND THE MITIGATION MONITORING AND REPORTING PROGRAM; AND APPROVING GENERAL PLAN AMENDMENT NO. e 11-03 TO CHANGE THE LAND USE DESIGNATION FROM PUBLIC COMMERCIAL 7 RECREATION (PCR) TO COMMERCIAL GENERAL (CG-1), TENTATIVE PARCEL o $ MAP NO. 19325 (SUBDIVISION NO. 11-01) TO SUBDIVIDE 17.37 ACRES INTO SEVEN PARCELS, AND CONDITIONAL USE PERMIT NO. 11-08 TO CONSTRUCT A 9 MULTI-TENANT COMMERCIAL SHOPPING CENTER WITH A 136,090-SQUARE N 10 FOOT, 42-FOOT TALL HOME IMPROVEMENT STORE WHICH EXCEEDS THE 30- n 11 FOOT HEIGHT LIMITATION IN THE CG-1 DISTRICT AND APPROXIMATELY o 68,630 SQUARE FEET OF RETAIL AND RESTAURANT USES FOR THE SITE �t 12 LOCATED AT THE SOUTHWEST CORNER OF HIGHLAND AND ARDEN AVENUES. a 13 14 is BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS. 16 0 SECTION 1. Recitals. 17 0 WHEREAS,the Mayor and Common Council of the City of San Bernardino adopted the o 18 City General Plan by Resolution No. 2005-362 on November 1,2005;and o 19 a WHEREAS, on June 2, 2011, the Development/Environmental Review Committee 20 reviewed plans for the Highland Marketplace Project ("Project") and approved release of a Dr 21 aft zz Environmental Impact Report (EIR) for the Project, pursuant to the California Environmental Quality Act(CEQA); and a 23 24 WHEREAS, on June 8, 2011, the City circulated a Notice of Preparation (NOP) of an 25 Environmental Impact Report (EIR) to responsible agencies, interested parties and the public to 26 solicit comments and concerns regarding the scope of analysis to be conducted for the Highland 27 Marketplace Project EIR, and collected comments on the NOP during a review period from June 28 8,2011,to July 8, 2011; and 1 'Packef'�gg?!5 I WHEREAS, on June 30, 2011, the City conducted a public scoping meeting to provide 2 information about the Highland Marketplace Project and to receive public comments on the 3 scope of analysis to be conducted for the Highland Marketplace Project EIR;and a WHEREAS, all comments received at the public scoping meeting and in responses to the s NOP were considered in the preparation of a Draft EIR for the Highland Marketplace Project, 6 and were incorporated in the Draft EIR; and 7 WHEREAS, a Draft EIR for the Highland Marketplace Project was circulated for a 60- o s day public review from December 21, 2011 through February 18, 2012, and three comment a 9 letters were received by the City; and U N 10 WHEREAS, a Final EIR for the Highland Marketplace Project was prepared pursuant to E u CEQA requirements, including the Draft EIR, technical appendices to the Draft EIR, responses t 12 to all comments submitted in response to the Draft EIR, and changes to the Draft EIR; and o 13 WHEREAS, on May 23, 2012, the Planning Commission of the City of San Bernardino 0 14 held a noticed public hearing to consider written and oral comments, including a report of 15 recommendations from staff which recommended certification of the Highland Marketplace F 16 Project Final EIR and approval of the Highland Marketplace Project; and 17 WHEREAS, on June 18, 2012, the Mayor and Common Council held a noticed public 18 hearing to consider written and oral comments, and the plans for development of the Highland 19 Market Project (General Plan Amendment No. 11-03, Tentative Parcel Map No. 19325 and 20 Conditional Use Permit No. 11-08), and to consider the Final EIR, the Mitigation Monitoring d 21 and Reporting Program(MM/RP),Draft Facts,Findings, and the Planning Division Staff Report. u 22 NOW, THEREFORE, BE IT RESOLVED, FOUND AND DETERMINED BY THE a 23 MAYOR AND COMMON COUNCIL: 24 SECTION 2. ENVIRONMENTAL IMPACT REPORT 25 A. The facts and information contained in the Recitals section are true and correct. 26 B. The Final EIR for the Highland Marketplace Project, comprised of the Draft EIR and 27 technical appendices, a list of all persons and agencies that submitted comments on the Draft 28 EIR,all written comments on the Draft EIR,text changes to the Draft EIR,and written responses 2 PacketPg. 896 1 to all comments,was prepared pursuant to CEQA requirements and is attached to this Resolution 2 as"Exhibit I",and incorporated herein by reference. 3 C. The Mayor and Common Council exercised independent analysis and judgment in its a review of the Highland Marketplace Project Final EIR, and considered all contents of the Final 5 EIR prior to taking an action on certification of the Final EIR, and prior to making a decision on 6 the Project, General Plan Amendment No. 11-06, Tentative Parcel Map No. 19325 and 7 Conditional Use Permit No. 11-08. m' 0 s D. The Final EIR has identified all potentially significant adverse environmental effects a 9 that would result from development and operation of the Highland Marketplace Project, and has to identified all feasible avoidance actions and mitigation measures that can reduce potential E 11 adverse effects on the environment. M 12 E. Mitigation measures identified in the Final EIR have been compiled in a Mitigation 9 `m 13 Monitoring and Reporting Program (MM/RP) for the Highland Marketplace Project. The Mayor 0 14 and Common Council considered implementation of the MM/RP in its consideration of the © 15 potential effects of the Project, attached to this Resolution as "Exhibit 2", and incorporated 16 herein by reference. .N 17 F. Potential alternatives to the proposed development plan for the Highland Marketplace � 1s Project were analyzed in the Final EIR. Reasons for rejecting alternatives as infeasible, or as not t9 meeting the Project objectives, are discussed in the Findings of Fact, attached to this Resolution d 20 as"Exhibit 3",and incorporated herein by reference. d 21 G. The Mayor and Common Council hereby finds that the Findings of Fact with respect 22 to the Highland Marketplace Project, are true and correct, and are based on substantial evidence a 23 in the record,including documents comprising the Final EIR. 24 H. The Final EIR, MM/RP, and the Findings of Fact reflect the independent review, 25 analysis and judgment of the Mayor and Common Council of the City of San Bernardino. 26 SECTION 3. CERTIFICATION OF THE ENVIRONMENTAL IMPACT REPORT 27 The Final EIR for the Highland Marketplace Project(SCH#2011061021) is hereby certified, 28 the Findings of Fact,and the Mitigation Monitoring and Reporting Program are hereby adopted. 3 f Packet Pg. 897 O1 SECTION 4. GENERAL PLAN AMENDMENT NO. 11-03 2 A. General Plan Amendment No. 11-04 is hereby approved based upon the Findings of 3 Fact contained in the Staff Report to the Planning Commission dated March 28,2012. 4 B. The Land Use Map of the General Plan is hereby amended pursuant to General Plan 5 Amendment No. 11-03, to change the land use designation from Public Commercial Recreation 6 (PCR) to Commercial General (CG-1) in the area outlined in "Exhibit 4" a copy of which is 7 attached and incorporated herein by reference. c s C. General Plan Amendment No. 11-03 shall become effective upon the adoption and n 9 execution of this Resolution. 10 SECTION 5. TENTATIVE PARCEL MAP NO. 19325 E 11 Tentative Parcel Map No. 19325, to subdivide 17.37 acres into seven parcels, is hereby � 12 approved based upon the Findings of Fact contained in the Staff Report to the Planning q 13 Commission dated May 23, 2012, and subject to the Conditions of Approval, attached and 00 14 incorporated herein as Attachment A. 15 SECTION 6. CONDITIONAL USE PERMIT NO. 11-08 M 16 Conditional Use Permit No. 11-08 to construct a multi-tenant commercial shopping 2 y 17 center with a 136,090-square foot, 42-foot tall home improvement store which exceeds the 30- Is foot height limitation in the CG-1 district and approximately 68,630 square feet of retail and 19 restaurant uses, is hereby approved based upon the Findings of Fact contained in the Staff Report v 20 to the Planning Commission dated May 23, 2012, and subject to the Conditions of Approval, v 21 attached and incorporated herein as Attachment A. t u 22 SECTION 7. MAP NOTATION a 23 This Resolution and the amendment affected by it shall be noted on such appropriate 24 General Plan maps previously adopted and approved by the Mayor and Common Council and 25 which are on file in the office of the City Clerk. 26 27 0 28 4 PacketPg.898 6.F.d 1 SECTION 8. NOTICE OF DETERMINATION 2 The Planning Division is hereby directed to file a Notice of Determination with the 3 County of San Bernardino, certifying the City's compliance with the California Environmental 4 Quality Act. 5 6 7 °o 0 8 a v 9 n N CI 10 O E a l] � M 0 12 m 13 0 0 14 fD © 15 c 16 G y 17 O 18 � 19 °n v 20 v 21 L U R 22 Q 23 24 25 26 27 p+ 28 Packet Pg. 899 Q RESOLUTION ... CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT I FOR THE HIGHLAND MARKETPLACE PROJECT;ADOPTING THE FINDINGS OF FACT AND THE 2 MITIGATION MONITORING AND REPORTING PROGRAM; AND APPROVING GENERAL PLAN AMENDMENT NO. 11-03 TO CHANGE THE LAND USE DESIGNATION FROM PUBLIC 3 COMMERCIAL RECREATION (PCR) TO COMMERCIAL GENERAL (CG-1), TENTATIVE PARCEL MAP NO.19325(SUBDIVISION NO. 11-01)TO SUBDIVIDE 17.37 ACRES INTO SEVEN PARCELS,AND 4 CONDITIONAL USE PERMIT NO. 11-08 TO CONSTRUCT A MULTI-TENANT COMMERCIAL SHOPPING CENTER WITH A 136,090-SQUARE FOOT, 42-FOOT TALL HOME IMPROVEMENT 5 STORE WHICH EXCEEDS THE 30-FOOT HEIGHT LIMITATION IN THE CG-1 DISTRICT AND 6 APPROXIMATELY 68,630 SQUARE FEET OF RETAIL AND RESTAURANT USES FOR THE SITE LOCATED AT THE SOUTHWEST CORNER OF HIGHLAND AND ARDEN AVENUES. 7 0 8 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and a 9 Common Council of the City of San Bernardino at a meeting thereof,held N 10 on the day of 2012,by the following vote,to wit: E II Council Members: AYES NAYS ABSTAIN ABSENT a M 12 MARQUEZ ° 13 JENKINS o 14 VALDIVIA c ® 15 SHORETT M 1 16 KELLEY o N 17 JOHNSON Is MC CAMMACK 19 y m 20 Georgeann Hanna, City Clerk d i 21 E U U N 22 The foregoing resolution is hereby approved this day of .2012. a 23 za Patrick J. Morris, Mayor 25 Approved as to form; 26 JAMES F.PENMAN, City Attorney 27 V 28 By: 6 PacketPg. 900 6.F.e ATTACHMENT A CONDITIONS OF APPROVAL Conditional Use Permit 11-08 and Tentative Parcel Map 19325 (Subdivision 11-01) 1. All development shall be in substantial conformance to submitted plans date stamped ° May 7, 2012. U 2. Within two years of Conditional Use Permit approval, commencement of construction shall have occurred or the permit approval shall become null and void. In addition, if m after commencement of construction, work is discontinued for a period of one year, then a the permit approval shall become null and void. However, approval of the Development Permit does not authorize commencement of construction. All necessary permits must be c obtained prior to commencement of specified construction activities included in the m Conditions of Approval. 0 Expiration Date: 2 years from approval date of the GPA 3. Within two years of the original approval date, the filing of the final map with the Council shall have occurred or the approval shall become null and void. Expiration of a o tentative map shall terminate all proceedings and no final map shall be filed without fast A processing a new tentative map. The City Engineer must accept the final map or tentative map documents as adequate for approval by Council prior to forwarding them to the City v Clerk. The date the final map shall be deemed filed with the Council is the date on which u" O the City Clerk receives the map. v R Expiration Date: 2 years from approval date of the GPA 0 a a 4. In the event this approval is legally challenged, the City will promptly notify the 4 applicant of any claim, action or proceeding and will cooperate fully in the defense of this matter. Once notified, the applicant agrees to defend, indemnify and hold harmless the o City of San Berardino (City), the Economic Development Agency of the City of San Bernardino (EDA), any departments, agencies, divisions, boards or commission of either 0 the City or EDA as well as predecessors, successors, assigns, agents, directors, elected officials, officers, employees, representatives and attorneys of either the City or EDA a from any claim, action or proceeding against any of the foregoing persons or entities. The applicant further agrees to reimburse the City for any costs and attorneys' fees which the City may be required by a court to pay as a result of such action, but such z participation shall not relieve applicant of his or her obligation under this condition. a 0 a v The costs, salaries, and expenses of the City Attorney and employees of his office shall z be considered as "attorneys fees" for the purpose of this condition. As part of the d consideration for issuing this Development Permit, this condition shall remain in effect if t the Development Permit is rescinded or revoked, whether or not at the request of applicant. a Packet Pg.901 GPA 11-031 TPM 193151 CUP 11-08 PC Hearing Date:May 13,1012 Page 1 © 5. The property owner(s), facility operator and property management shall be responsible for regular maintenance of the site. Vandalism, graffiti, trash and other debris shall be removed within 24 hours of being report of being reported. 0 6. Signs are not approved as a part of this permit. Prior to establishing signs, the applicant shall submit an application for approval by the Planning Division. All signs proposed for the center shall be consistent with the Highland Marketplace Master Sign Program date stamped May 7, 2012. E 7. Development of the project shall be subject to the attached mitigation measures in the 0. iz Mitigation Monitoring/Reporting Program (MM/RP), incorporated by reference in these o Conditions of Approval. m n 8. An Erosion Control Plan must be submitted with the on-site improvement plan for review �? and approval by the Director of Community Development prior to issuance of the on-site improvement permit. (See"Grading Policies and Procedures") 9. An easement and covenant shall be executed on behalf of the City to allow the City to c enter and maintain any required landscaping in case of owner neglect. Upon request, the m Real Property Section will prepare documents for execution by the property owner. The documents shall ensure that, if the property owner or subsequent owner(s) fail to properly maintain the landscaping, the City will be able to file appropriate liens against the N property in order to accomplish the required landscape maintenance. A document- �/ processing fee in the amount established by ordinance shall be paid to the Real Property @ Section to cover processing costs. The property owner, prior to plan approval, shall 'o execute this easement and covenant unless otherwise allowed by the Community a Development Director. Prior to occupancy of any building, a bond shall be posted to a guarantee maintenance and survival of project landscaping for a period of one year 0 pursuant to Section 19.30.230. Prior to occupancy of any building, a bond shall be posted o to guarantee maintenance and survival of project landscaping for a period of one year pursuant to Section 19.30.230. `o 0 10. An Off-site Improvement Plan and Permit are required for this project. The required a paving treatments for this project are as follows: m E s i) Highland Avenue — Grind and Overlay the roadway along the project frontage to the centerline of the street. 0 ii) Arden Avenue — Grind and Overlay the roadway along the project frontage to the centerline of the street. c iii) Construction of a modified knuckle at the terminus of E. Highland Outer E Hwy. R iv) 20`h Street—Grind and Overlay the roadway along the project frontage the a full width of the street. Packet Pg.907 i GPA 11-031 TPM 193251 CUP 11-08 PC Hearing Date:May 23,2012 Page 3 11. The parkway area beginning at the back of curb and extending to the right-of-way line on Arden Avenue shall be improved with full width sidewalk improvements. Work encroaching into Caltrans right of way will require a separate Caltrans encroachment permit. o 12. A right-of-way dedication is required on Highland Avenue for a minimum half section of fifty feet. Additional right-of-way along Highland Avenue will be required at right turn lanes. m E 13. Highland Avenue shall be widened and curb, gutter and sidewalk reconstructed at F ultimate width. ^ C 14. The project's Water Quality Management Plan (WQMP) shall be approved prior to the issuance of building permits. 0 b 15. A Storm Water Pollution Prevention Plan (SWPPP) is required for this project. The SWPPP shall be approved prior to issuance of building permits. c 16. The project's Hydrology and Hydraulics shall be approved prior to issuance of building 0 m permits. 17. The final map for PM 19325 shall be recorded prior to issuance of building permits. 18. All rights of vehicular ingress/egress shall be dedicated, except at approved entrances, from the following streets: o n a i) Highland Avenue a `o ii) Arden Avenue 2 19. As set forth in the Mitigation Monitoring and Reporting Program (MM/RP), the o following traffic-related improvements shall be provided as mitigation for project impacts: a v i) Sterling Avenue/Highland Avenue (Weekend Peak How): Intersection c timing splits shall be optimized. Optimize the timing to account for additional project traffic. Adjust the coordination timing accordingly prior a to Certificate of Occupancy. y d rr ii) I-210 Westbound Off-Ramp at Highland Avenue (AM and Weekend Peak How): The applicant shall work with Caltrans staff to optimize E intersection timing splits prior to issuance of Certificate of Occupancy, subject to Caltrans approval. a iii) I-210 Westbound On-Ramp/Arden Avenue at Highland Avenue (Weekend peak hour): The northbound middle-through lane shall be changed to a PacketPg.903 GPA 11-031 TPM 193151 CUP 11-08 PC Hearing Date:May 13,1011 Page 4 Cleft-tum lane to increase left turn capacity per cycle. The current northbound right turn lane shall become a through/right-turn lane. All improvements shall be completed prior to issuance of Certificate of Occupancy, subject to Caltrans approval. The applicant's fair share 4 contribution toward the construction of these improvements has been established by the approved Traffic Impact Study prepared by Fehr & Peers to be 30%. Actual costs of construction in excess of 30% may be applied toward the project's fair share contributions for future w improvements, as identified in the project's traffic analysis and listed in MM/RP TC-1 through TC-9. a t M iv) Highland Avenue and Victoria Avenue (Weekend peak hour) intersection 4 timing splits shall be optimized prior to issuance of Certificate of a Occupancy. �? 0 e v) I-210 Eastbound Off-Ramp & Highland Avenue, 1-210 Westbound On- Ramp/Arden Avenue/Highland Avenue and 1-210 Eastbound On- Ramp/Arden Avenue shall be interconnected and coordinate them to c coordinate the southbound, northbound and southbound approaches and w "hold" the queue at the upstream intersection. The coordination shall be completed prior to issuance of the Certificate of Occupancy, subject to D Caltrans approval. Mn V' vi) Traffic impacts requiring mitigation at Future Year Buildout (2030), as ! listed in the MMRP TC-1 through TC-9, will require a fair share 'o i contribution payment prior to issuance of permits. This fair share n contribution has been estimated to be$113,320. Excess contribution made a by the construction of the improvements at 1-210 Westbound On- 0 0 Ramp/Arden Avenue at Highland Avenue may be applied toward the o project's fair share contributions for future improvements, as identified by v the project's traffic analysis, as set forth in Condition 19 (iii). Final o reconciliation of the fair share contribution shall be made at issuance of the Certificate of Occupancy,based on actual cost of construction of the I- a 210 Westbound On-Ramp/Arden Avenue at Highland Avenue d improvements. E 0 M 20. The Electronic files of all public improvement plans/drawings shall be submitted to the a 0 City Engineer. The files shall be compatible with AutoCAD 2000, and include a .DXF file of the project. Files shall be on a CD and shall be submitted at the same time the final mylar drawings are submitted for approval. m E L U End of Conditions of Approval a Packet Pg.904 EXHIBIT 1 The Final EIR for the Highland Marketplace, 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 on file in the City Clerk's Office and available online at: WWW.sbcitv.ore; Highlight "How Do I...:', see heading "Locate", click "Planning Documents", scroll down to"Highland Marketplace". ° a U N N M OI E O. 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G0 E2 U Q N ° C w m o 0 � aGiL nmogamm N U0- ro 2Q DaQ � O 0 '> 'j °IO ammm O 0O oO !0 E\ 0 O m O G = A p 0 " D U U o - G a -O = O O L O L N@ = m F L J ' @ O d d c O '0 05 0 c Co C '- f 'd _ 00 ` @E d w m U 2 ° m M Ml cc n.L 00 n s 0 - L o . 0� oo 0 6.F.h EXHIBIT 4 — LAND USE MAP CITY OF SAN BERNARDINO PLANNING DIVISION PROJECT: GPA11-03 1 TPM19325 1 CUP11-08 HEARING DATE: 611812012 NORTH si O a U in N RR i E kK Y { r i i SRS i o 0 1, Fg RS 0 ; PF o r d r + WN c E c m E a 0� UE a S R PROJECT SITE 1 OF wD v L I w N n GI :BTH s Q r1 c MIUAR E A: STPH PF v vI AMM 0 E� _.: aTH LOS FEUZ a N Rs— o ESTERtJ Copynghi II 'I Packet Pg.913 6.FA EXHIBIT 3 CEOA FINDINGS Q 3 U FOR THE HIGHLAND MARKETPLACE PROJECT E a Findings Related to the Highland Marketplace Project M Final Environmental Impact Report in Compliance with the ° California Environmental Quality Act(CEQA) a C7 0 m m Prepared for: N City of San Bernardino 300 North "D" Street — San Bernardino,CA 92418 LL N 01 C C LL O O. d d E O S Prepared By: a LILBURN CORPORATION x 1905 Business Center Drive W 0 San Bernardino,CA 92408 d c m E z U R Q June 14, 2012 Packet Pg. 914 TABLE OF CONTENTS A. INTRODUCTION.................................................................................................................l B. PROJECT SUMMARY........................................................................................................1 m 0 B.1 Project Objectives..........................................................................................................2 a B.2 Project Description.........................................................................................................2 B.3 Site Location and Surrounding Land Uses....................................................................9 N M T C. ENVIRONMENTAL REVIEW&PUBLIC PARTICIPATION...................................10 £ a C C.1 Custodian and Location of the Record.........................................................................1 l o C.2 Independent Judgment.................................................................................................11 C.3 Finding on E1R. ...........................................................................................................11 CA General Findings on Mitigation Measures...................................................................12 C.5 Findings on Recircul ation............................................................................................12 D. ENVIRONMENTAL IMPACTS AND FINDINGS ........................................................13 v D.1 Findings Regarding Impacts Identified in the EIR to be Less Than Significant RequiringNo Mitigation..............................................................................................14 c D.2 Findings Regarding Impacts Analyzed in the EIR and Determined to be Mitigated to Less Than Significant..............................................................................22 LL D.3 Other CEQA Required Analysis in the EIR................................................................43 0 1. Cumulative Impact Analysis .................................................................................43 0 2. Growth Inducing Impacts .....................................................................................48 m 3. Significant Irreversible Environmental Changes Which Would Be Caused x° By The Proposed Project Should It Be Implemented ...........................................49 M E. ALTERNATIVES TO THE PROJECT...........................................................................49 z x W E.1 Alternatives Considered and Rejected As Infeasible...................................................50 H E.2 Selection of Alternatives to be Considered in the EIR................................................51 E.3 Findings Regarding Alternatives Considered in the EIR.............................................52 E E F. PROJECT BENEFITS.......................................................................................................62 v m a G. ADOPTION OF A MONITORING PLAN FOR THE CEQA MITIGATION MEASURES........................................................................................................................62 C 852/Final EH/CEQA Findings i 6i 1410 L? PacketPg.915 6.F.i i CLIST OF TABLES Table B-1 Highland Marketplace Proposed Land Uses and Square Feet of Building Area-------------------------..................................................3 Table B-2 Existing Land Use and General Plan/Zoning Designations................................10 Table D-I Cancer Risk Increase at Maximum Impacted Receptors..............-......................15 4 Table D-2 Peak Construction Emissions...............-.................................. .............................24 Table D-3 Localized Significance Thresholds (Ibs/day).... .. .........................25 Table D-4 Emissions By Construction Activity.................................................................._26 r Table D-5 Impacts For Signalized Intersections- Future Buildout(2030) With Project_---_-_.,__.__.___............._....--_.----.----.--..-_.--._39 E Table D-6 Cumulative Projects..................................................... ......................................43 t M 4 m a C7 0 e m N a �o m c © LL N pl C -O C LL O a m a E 0 x n a s x w 0 v c v E s u m Q 852/Final EIR/CEQA Findings 11 6/14/2012 '- 8c a Pg: 916 FACTS, FINDINGS, AND STATEMENT OF OVERRIDING CONSIDERATIONS REGARDING THE ENVIRONMENTAL EFFECTS OF THE HIGHLAND MARKETPLACE PROJECT CITY OF SAN BERNARDINO (SCH#2011061021) a 0 A. INTRODUCTION a 0 U The Environmental Impact Report (EIR) (State Clearinghouse No. 2011061021) has been N prepared by the City of San Bernardino to evaluate the environmental effects of the proposed m Highland Marketplace, a commercial shopping center with a maximum of 204,720 square feet o (SF)of general commercial land uses. tZ 0 The City of San Bernardino Redevelopment Agency (RDA) was initially designated as the Lead Agency for the Proposed Project. However, following the California Supreme Court's decision in California Redevelopment Association v. Matosantos (2011) 53 Cal.4th 231, upholding Assembly Bill 1X 26 (AB 1X 26), redevelopment agencies were effectively disbanded as of February 1, 2012. The City became the successor agency to the RDA (as defined in ABxl 26 and pursuant to City Resolution No. 12-020, on January 9, 2012. As successor agency to the RDA, the City has assumed the role of lead agency for the Proposed Project and as defined in Section 15051(b) of the Guidelines for implementing California Environmental Quality Act (CEQA)which states "If the project is to be carried out by a non-governmental person, the Lead Agency shall be the public agency with the greatest responsibility for supervising or approving y the project as a whole." v c B. PROJECT SUMMARY 0 a The Proposed Project involves the redevelopment of a previously developed multi-family o residential site into a commercial shopping center with a maximum of 204,720 square feet (SF) E of general commercial land uses on approximately 17.37 acres in the northeasterly portion of the x° City of San Bernardino(City). M d The Project Site is located south of Highland Avenue, west of Arden Avenue, and north of 2 20th Street, and includes a prominent portion of what has historically been known as the Arden- w Guthrie neighborhood of the City. The Project Site is currently designated Commercial d Recreation in the City's General Plan and zoned Public Commercial Recreation(PCR). c The Arden-Guthrie neighborhood was historically afflicted with a number of physical and t economic conditions of blight, as those terms are defined in Health and Safety Code Sections 33030 et seq., including substandard structures and dwellings, residential overcrowding, a substandard property maintenance conditions, inadequate improvements, abandoned property, depreciating ad stagnant property values, and criminal activity which occurred at rates documented to be higher than crime rates in other neighborhoods of the City. All of these factors combined, substantially and detrimentally affected the neighboring residents, schools and businesses. Highland Marketplace/Final Ent/CEQA Findings 1 6/14/2012 Packet Pg. 917 The Project Site is currently owned by the San Bernardino Economic Development Corporation, a 501C3 non-profit organization operating in tandem with the RDA, and is the subject of a Disposition and Development Agreement (DDA) between RDA and the Project Applicant. The DDA is being processed concurrently with the Project entitlements. The Project Site was acquired by the Redevelopment Agency of the City of San Bernardino over a period of time starting in 1993, to address conditions of blight that existed in the Arden-Guthrie neighborhood and particularly on the Project Site. The primary purpose of the RDA's acquisition of the properties comprising the Project Site, and subsequent demolition of the existing residential c' structures and relocation of residents, was to promote and foster a commercially viable and economically sustainable plan of redevelopment and reuse of the Project Site and to prevent the spread of blight and related crime into other surrounding neighborhoods and communities. The E RDA and the Project Applicant have been in negotiations since 2007 for the acquisition and commercial development of the Project Site. The RDA acquired the last properties of the Project o Site in late 2008, and demolition of the residential structures was completed in or around 2010. Ownership of the Project Site was transferred to San Bernardino Economic Development o Corporation in 2011 following the introduction of state legislation calling for the elimination of Redevelopment Agencies. The certain utilities and other infrastructure that served the residential neighborhood are still present on the Project Site and will be replaced to serve the Proposed Project. e B.1 Project Objectives m Q CEQA Guidelines Section 15124(b) requires that the project description include a statement of a objectives sought by the proposed project. The statement of objectives will assist the Lead rn Agency in developing a reasonable range of alternatives for evaluation in the EIR. The E objectives will also assist the Lead Agency in developing findings for a statement of overriding LL considerations, if required. o m The specific Project Objectives stated below are intended to be consistent with the City's goals ° for implementing the General Plan,and include the following: o 0 • Increase employment opportunities in the City of San Bernardino. a • Redevelop vacant property in a commercial area of the city and provide local shopping x and retail service opportunities. W 0 • Provide an attractively designed, economically viable Neighborhood Retail Center that would be an amenity for local residents. v • Provide a conveniently located Neighborhood Retail Center that would reduce trips from L residents' homes to more distant shopping areas. • Broaden the City's economic base by attracting new commercial uses to the project area. a • Locate the project near regional freeways to attract non-local shoppers. • .Develop a project that is both a financial asset to the City and that mitigates environmental impacts to the extent feasible. r Highland Markdplace/Final EIR/CEQA Findings 2 6/14/2012 B.2 Project Description The Proposed Project is the development of a maximum of 204,720 square feet (SF) of general commercial land uses on a rectangular-shaped site of approximately 17.37 acres located at the southwest comer of Highland Avenue and Arden Avenue in the City of San Bernardino. The Project Applicant proposes to construct one (1) 107,979 square-foot home improvement center 4 with an attached 28,111 square-foot garden center, and one (1) 43,830 square-foot major retail structure with 8,340 square feet of attached general commercial shops (See Figure B-4, Site Plan). The proposed major retail structure may include a grocery store. In addition to the major w tenants and as shown on Figure 134, the retail center would have four (4) general commercial land uses totaling 16,460 square-feet (refer to Table B-1). Retail use types are identified for the E FIR evaluation;however actual tenants have not been identified with the exception of The Home t Depot, which would occupy the home improvement center. CEQA does not require the "o identification of applicants or end users by name; however the likely types of use are useful to evaluating potential impacts such as traffic generation, traffic flow, on-site circulation patterns, o noise, and the use of hazardous materials. 0 eo m Table B-1 N Highland Marketplace Proposed Land Uses and Square Feet of Building Area o m ® Land Use Building Area(Sq. Ft.) 5 LL Home Improvement 107,979 Garden Center 28,111 'c LL Major 1 43,830 6 m Shops 8,340 c E E Pad 1 2,900 xa Pad 2 4,560 a Pad 3 3,500 W Pad 4 5,500 w d TOTALS 204,720 Source: TAIT&Associates,Inc.,Site Plan,April 2011 m E r The Proposed Project includes an applicant-initiated parcel map to create 7 parcels, and the vacation of local utilities within the simultaneous processing of two Parcel Maps; the first is an RDA initiated Parcel Map to combine existing parcels on the 17.37-acre Project Site, which will be relocated to serve the Proposed Project. The Proposed Project would require a Master Sign Program, Rezone and GPA to change the existing land use designation from Public Commercial Recreation(PCR) to Commercial General (CG-1), and approval of a CUP to allow for increased building heights for architectural elements and multi-tenant use of the Project Site, potentially Highland MarketplacdFinal EEUCEQA Findings 3 6.'14'011 PacketPg.919 including a gas station with 24 hour operation and alcohol sales, a bank with drive dim, fast food with drive thin and sit down restaurant with alcohol sales. The project would have an east-west orientation along Highland Avenue with major tenants facing north toward Highland Avenue. The home improvement center would be located at the southwest comer of the site, and the other major retail structure with attached shops is located near the southeast comer of the site. The remaining general commercial pad buildings are o detached and are located primarily along the northern portion of the Project Site. In addition to the major tenants, the land uses may include two drive-through restaurants, a drive-through bank, U and a gas station. N M A retaining wall varying in height from three to eight feet is planned along the southern and western boundary of the Project Site (refer to Figure B-6). A split-level retaining wall constructed of a six-foot high lower level section, above which would be a ten-foot wide c landscaped area (see Figure B-7), and another six-foot high second level retaining wall topped with a three-foot high railing, is proposed for approximately 330 feet along the souther a boundary, and approximately 240 feet along the western boundary (beginning at the southwest L.D. corner of the site, and gradually decreasing to a single level retaining wall). Q Site development involves drainage improvements including an underground detention system, N storm lines and dry wells to be constructed throughout the Project Site. v Ingress and egress to the site is via three driveways on Highland Avenue, one driveway on Arden Avenue, and two driveways along 20th Street. Two driveways, located at the northwest corner of a the Project Site and at the proposed signal would provide ingress and egress, the third driveway located near Pad 3 at the northeast comer would provide ingress only. The location of the driveways and configuration of the shops and pad buildings near Highland Avenue create three LL distinct shopping areas. a d In accordance with City Development Code regulations, the Proposed Project is required to E provide a total of 761parking spaces. The Proposed Project is designed to provide a total of o 784 parking spaces with the vast majority of the spaces located in front of the proposed home = improvement center and Major 1, as indicated on the Site Plan. The remaining spaces would be M located near the shops and detached pad buildings. The drive aisles within the parking lot areas a s have an east-west orientation. x W 0 Proposed Home Improvement Center The proposed use for the home improvement center is for the retail sales of building supplies, lumber, hardware, plant and nursery items and associated items such as appliances, barbecues, pool accessories, home furnishings, patio furniture and materials associated with home maintenance and repair. Proposed uses would also include incidental activities such as the rental of tools and equipment for construction, gardening and home improvement projects, propane sales, the sale of trailers and sheds, and on-site truck rentals. The home improvement center use (� would include outdoor sidewalk sales and display of special products along the building front r.r Highland Marketplace/Final EIa/CEQA Findings 4 6/14/2012 sidewalk and seasonal sales within the parking lot in compliance with conditions of approval and/or appropriate permits issued by the City. The home improvement center would consist of an approximate 107,979 square-foot store with an approximate 28,111 square-foot outdoor garden center for a total of approximately 136,090 square feet. m 0 The home improvement center would be located on the southwest portion of the Project Site with the front of the building facing north. The garden center would be located immediately adjacent to the main building on its east side, with internal access to the main warehouse building and access to the parking lot. Parking would be provided primarily on the northern portion of the site. E a Employment: The home improvement center tenant would employ approximately 150 to 175 full o and part-time employees. There would be three employee shifts per day with approximately 88 associates in the store per day and between 75 to 80 employees working each shift. o Outdoor Sales: A display of merchandise in front of the store is proposed as part of the project. The display of merchandise in the outdoor sales area would be for items on special sales. Merchandise displayed within the outdoor sales area may include, but not be limited to, garden supplies, decorator items, patio furniture, plants, and seasonal items. The display area would be located along the front of the building sidewalk. m /^ Seasonal Sales: An approximate 10,000± SF area consisting of a display of seasonal merchandise a located adjacent to and north of the garden center is proposed as indicated on the Site Plan. The seasonal sales area would be located within the parking lot and fenced off during use. Items from the seasonal sales area would be purchased in the same area. The seasonal sales area would a typically be used six to eight times yearly for sales and promotions. The type of merchandise o displayed in the area would be seasonal in nature and could include Christmas trees (displayed c from the week before Thanksgiving through the Christmas season), pumpkins, trees, plants and other nursery materials. o x Trailer Display Are a: An approximate 2,400 SF (120-foot by 20-foot) area would be located adjacent to and cast of the Seasonal Sale area to display trailers for sale as indicated on the Site a s Plan. W 0 Propane Exchan ee: A propane cylinder exchange program display area is proposed in front of the store. It would consist of a metal enclosed propane stand, measuring approximately three feet deep and sixteen feet long. The propane service would allow customers to exchange empty propane containers for full containers. m Tool Rental Center: The Tool Rental area would be located inside the building immediately a adjacent to the Tool Rental Center storage and wash-down area. Tools rented to the home improvement center customers would include, but are not limited to drills, hammers, saws, cement mixers, tile cutters, generators, plumbing tools, welding tools, compactors, paint sprayers, lawn & garden tools, pressure washers, sanders, and ladders. A wash down area Highland Marketplace/Final EIR/CEQA Findings 5 6 14 2012 Packet Pg. 921 (10 foot tall enclosure where hand tools are washed after each rental) would be located close to the Tool Rental Storage Area so that associates may clean and restock tools expeditiously. The Wash Down Area enclosure would include a dedicated drain that connects to the storm drain system through an oil separator. Truck Deliveries: Approximately two (2) to five (5) truckloads of lumber would be delivered through the lumber loading area, and approximately six (6) to ten (10) truckloads would be delivered through the main loading dock area per week. Between one (1) and six (6) loads would be delivered through the outside garden dock per week. A lumber vestibule (off-loading area) would be located on the northwest comer of the building and would take delivery from flatbed trucks. The lumber area would have a concrete staging area approximately 90 feet by 70 feet to allow merchandise to be quickly unloaded, avoiding unnecessary truck idling. The lumber loading door is approximately 30 feet wide. o Deliveries from enclosed trucks would be received in the depressed loading dock located at the a rear of the building. This uncovered loading dock would have a compactor and three truck bays that have a grade difference of approximately four feet from the finished floor to provide a flush connection from the building to the truck bed. N Garden center deliveries would be received at the east side of the garden center at a 25-foot by v 20-foot loading area. ! © Customer Pick Un Deli verv: Lumber would be sold from a covered area located on the northwest LL side of the building, allowing customers to load merchandise into their vehicles under cover. rn The home improvement center's "Load `N' Go" program also allows customers to rent flatbed trucks to transport purchases. The home improvement center would have one to two Load `N' LL Go gasoline powered trucks parked in the store's parking lot. Spaces in which these vehicles are o parked would not be counted in the total number of parking spaces provided. Customers would o also be able to pick up merchandise at a "Load 'N' Go" lane in front of the entire store. „ E 0 Delivery service would also be available to customers. On days deliveries are scheduled, the = truck would typically be loaded once and make one trip out to customers. " a Operations & Equipment at Rear of Store: Some mechanical and operational equipment would w be located at the rear of the store along the south side of the Project Site, including an enclosure o for a transformer, generator and propane rack. The propane rack would hold 8-gallon canisters that would be used to fuel forklifts. Pallets and cardboard products would be recycled. Pallets would eventually be returned to vendors and to the home improvement center tenant's regional distribution facilities. A cardboard baler would be located inside the store (near the rear loading area). Cardboard would be baled and hauled off-site to a recycling facility. A solid dry trash 19 compactor would be located between the loading dock and the rear of the store. Refuse would be a loaded into the compactor from a chute inside the home improvement center building. The compactor would have a capacity of±40 cubic yards and feed into an enclosed bin that would be emptied twice weekly. `r Highland Marketplace/Final EWCEQA Findings 6 fi141011 Packet Pg. 922 Major 1 Building—Proposed Grocery Store Major 1 Building would consist of an approximate 43,830-square foot store and the anticipated tenant is grocery store. The Major 1 Building would be located on the southeast portion of the Project Site, with the front of the building facing north. Parking for Major 1 Building would be primarily provided in c front in the central portion of the Project Site directly north of the building (within the shopping center parking lot). It is anticipated that the grocery store would have approximately 95 employees; 30-35 of which would be on-site at any one time. The expected hours of operation are from 6 a.m. to 11 p.m. with delivery times being established by Conditions of Approval. E a r M O Remaining Shopping Center Proposed Uses m a Shops—Multi-Tenant Retail 0 0 The Multi-tenant Shops Building is a proposed retail building with a combined total floor area of 8,340 SF. This building would be located on the east side of the Project Site near Arden Avenue and the eastern entry driveway, and adjacent to Major 1 Building. The shops building would be v divided into smaller units (generally less than 2,000 SF) and would be occupied by specialty shops. Some of the uses may be restaurants. There is sufficient parking within the overall shopping center to accommodate the mixed tenant use. LL Pad 1 -4 Buildings—Restaurants,Bank, and Service Station c LL Pad Buildings 1-4 are located along the north side of the Project Site adjacent to Highland o Avenue. Pad 1 Building is proposed to be a service station including sale of alcohol and 24 hour o operating hours with 2,900 SF of floor area. Pad Buildings 2 is a proposed bank and Pad d Building 3 is proposed to be a drive-through restaurant and Pad Building 4 is designed to be a sit c down restaurant. Pad Buildings 2, 3, and 4 would have floor areas of 4,560 SF, 3,500 SF and = 5,500 SF respectively. n s Related On-Site Improvements W 0 N Parking 0 Parking improvements, along with site and tenant identification signage and landscaping are also Cc included in the Proposed Project. In accordance with City Development Code regulations, the Proposed Project is required to provide a total of 761 parking spaces with the home improvement and garden center providing 444 spaces (1 space/250 SF and 1 space/2,500 SF, respectively); a Major 1 providing 176 spaces (1 space/250 SF); and all other pads and shops providing 138 spaces (1 space/180 SF). The Project site would provide a total of 784 parking spaces with the vast majority of the spaces located in front of the proposed home improvement center and Major Highland Marketplace/Final EIR/CEQA Findings 7 6i 14 2012 Packet Pg.923 6.F.i 1, as indicated on the Site Plan. The remaining spaces are located near the shops and detached pad buildings. The drive aisles within the parking lot areas have an east-west orientation. The sizes and spacing of all parking spaces would be provided consistent with the City of San Bernardino Development Code, Article III General Regulations, Chapter 19.24 Off-Street Parking Standards. m 0 Lighting/Siarls a Commercial lighting for the Project would be provided for safety, identification and aesthetic purposes. Typical applications would include building lighting, area/parking lot lights, and illuminated signage. Proposed lighting for the Project would be consistent with the City of San E Bernardino Development Code, Article III General Regulations, Chapter 19.20 Property Development Standards. The Proposed Project includes review/approval of a Master Sign o Program as part of the entitlements; all signage within the Project Site would be consistent with the approved program. a Property Definition and Perimeter Treatment The Project Site is defined by existing roads including Highland Avenue and the 1-210 Freeway on the north,Arden Avenue on the east, and 20`h Street on the south. The area to the north of the site is developed with commercial land uses; to the south is an existing elementary school, to the west is residential development and to the east is the I-210 Freeway eastbound on-ramps and residential development. l rn Perimeter landscape and hardscape elements proposed by the Project would further define the a Project Site, and enhance views of the project area, particularly as seen from abutting Highland Avenue. The perimeter retaining wall would also provide a buffer and privacy barrier between c the Project Site and the existing residential neighborhood and elementary school to the west and c south, respectively. The neighborhood to the west would be further insulated from the Project Site by required setbacks and landscaping. All perimeter treatments would be provided o consistent with the City of San Bernardino Development Code,Article III General Regulations. _ Landscaping a L X W As noted above, perimeter landscaping is proposed along the Project Site's street frontages and y throughout the interior of the Project Site. All landscaping required of the project would be implemented consistent with the City of San Bernardino Development Code, Article III General Regulations, Chapter 19.28 Landscaping Standards. Figure 3-6 shows the Conceptual Landscape E Plan. u m Off-Site hnnrovements a Primary ingress and egress to the site would be provided by three access points on Highland Avenue including: 1) a western access with a right-turn only for both inbound and outbound vehicles; 2) full access driveway located opposite the I-210 freeway eastbound freeway off- Highland Mad eWlauNinal EIR/CEQA Findings 8 6/14201-' PacketPg.924 ramp; and 3) an eastern access between Pads 3 and 4 to provide right-turn ingress only. An additional full access driveway would be provided along Arden Avenue, forming the fourth leg of the Arden Avenue/I-210 freeway eastbound on-ramp. There would also be two, full access driveways on 20`h Street. The 20`s Street access would not accommodate or be used for truck deliveries. No driveways are proposed along an alleyway adjacent to residences on the west. In addition, the site plan shows pedestrian sidewalks around the Project site on Highland e Avenue, Arden Avenue, and 2011, Street. Additional improvements to Highland Avenue would include half street improvements including a 12-foot dedication, turn lanes, and relocation of the signal on Highland Avenue. Details of the road improvements are included in Section 4.8, Traffic, and all improvements would be in accordance with the City of San Bernardino Public Works Department,Traffic Engineering Division and CalTrans. CL Utilities, including electricity, natural gas, water, sewer, drainage, and telecommunications n would be extended to the Project Site from existing utility easement corridors and lines. Water 4 service would be provided to the project by East Valley Water District. Sewer collection would a be provided by East Valley Water District, with wastewater treatment provided by the City of San Bernardino Water Department at the San Bernardino Water Reclamation Plant. Stormwater runoff would be collected in an on-site underground detention basin. N B.3 Site Location and Surrounding Land Uses o e Regional Setting LL The San Bernardino Valley, approximately 100 square miles in size, lies at the south base of the m Transverse Ranges (a group of mountain ranges that begin at the southern end of the California a Coast Ranges and lie between Santa Barbara and San Diego counties). The valley is bordered on a the north by the San Gabriel Mountains and the San Bernardino Mountains, on the east by the c San Jacinto Mountains; and on the south and west by the Santa Ana Mountains, and has an C elevation that varies from 590 feet on valley floors near Chino to 1,380 feet near San Bernardino and Redlands. c X The Project Site is located in the City of San Bernardino within the San Bernardino Valley M region of San Bernardino County, approximately 60 freeway miles east of downtown Los a Angeles along Interstate 10 (1-10)between Los Angeles and Palm Springs. Interstate 210 (I-210) w runs east-west through San Bernardino from Los Angeles County to Redlands, providing access C to a number of mountain communities to the northeast. The City of San Bernardino encompasses an area that stretches from just south of 1-10 northerly E to the Cajon Creek Wash and the San Bernardino Mountains. The City's total planning area is u 71 square miles, including 11 square miles of unincorporated lands within its sphere of influence. x Site Location The 17.37-acre Project Site is located in the northeastern section of the City of San Bernardino within southwestern San Bernardino County. Specifically, the Project Site is located on the south Highland Marketplace/Final EIR/CEQA Findings 9 6/14/2012 side of Highland Avenue, on the west side of Arden Avenue, and on the north side of 201' Street. The geographic coordinate location of the Project Site is 34.134417 north latitude and 117.237017 west longitude. The Project Site is located at the terminus of the I-210 eastbound off-ramp at Highland Avenue, and west of the I-210 eastbound on-ramps at Arden Avenue. The freeway overpass crosses above the northeast comer of the Project Site. Major arterials in the vicinity of the Project Site include Highland Avenue, Base Line Street, I-210, I-215, and 1-15. Local jurisdictions in the vicinity of 4 the Project Site are indicated on Figure 3-3. The San Bernardino International Airport is 3 approximately 2.3 miles south of the Project Site. There are no railroads or major utilities on or near the Project Site. Existing off-site utilities would be extended to serve the proposed Project. E Surrounding Land Uses a t M Land uses surrounding the site include commercial development to the north, residential o development to the west, I-210 eastbound on-ramps and residential development to the east, and o an elementary school to the south. e to Table B-2 lists surrounding land uses, and General Plan and Zoning designations for surrounding properties as well as the project site. t V m Table B-2 Existing Land Use and General Plan/Zoning Designations LL Direction Existing Land Use General Plan Designation Zoning Designation `o Project Site Vacant Commercial Recreation (PCR)Public Commercial Recreation LL North Highland Avenue;Commercial General Commercial (CG-1)General Commercial a u O South 201"Street public Facility;Residential (PF)Public Facility;(RMH) Emmerton Elementary School Residential Medium High s East I-210 Eastbound on-ramps Residential (RMH)Residential Medium i Multi Family Residential High a t Residential (RMH)Residential Medium l West Residential High c w d K c C. ENVIRONMENTAL REVIEW AND PUBLIC PARTICIPATION E 0 v The City conducted an extensive environmental review for this project that included a Draft EIR, Final EIR,appendices and attachments, along with public review and comment periods. a The implementation of the EIR scoping and review process is described in Chapter 1.0 of the Draft EIR. The following is a summary of the City's environmental review for this project. i.► Highland Marketplace/Final EDUCEQA Findings 10 6 1''011 Packet Pg. 926 • A Notice of Preparation (NOP) was distributed to state agencies, other responsible agencies, local organizations, and individuals on June 8, 2011 for a 30-day comment period; In addition, a public scoping meeting was conducted at Speicher Park Community Room (Operation Phoenix East) on June 30, 2011 at which no comments were received. A copy of the NOP, the NOP distribution list, and written comments received by the City on the NOP are included in Appendix A of the Draft EIR. Responses to the NOP were used to establish the scope of issues to be addressed in this EIR. 4 • The Draft EIR was distributed for a 45-day public review and comment period starting &.02 on December 21, 2011. N OI • The Final EIR was distributed for a 10-day notification period for the City beginning May 10, 2012. C M • The Planning Commission held a public hearing to consider the project on May 23, 2012. 4 Following public testimony, this Commission recommended that the project be approved and certified the Final EIR. 0 m C.1 Custodian and Location of the Record N Findings: The documents and other materials, which constitute the record of proceedings for the City's approval of this project, are located at the City of San Bernardino Community Development a �r Department, 300 North "D"Street, San Bernardino, California 92418. 'v c C.2 Independent Judgment LL 0 CL The City of San Bernardino retained Lilburn Corporation of San Bernardino, California to c prepare the EIR documents for the proposed Highland Marketplace project. The EIR was E prepared under the supervision and direction of the City of San Bernardino Community x0 Development Department staff and reflects the independent judgment of the City staff and accordingly,the Planning Commission. 'a t Findings: w 0 0 The EIR reflects the City's independent judgment exercised in accordance with CEQA Section Ix 0 21082.1(a)(c) by reviewing, analyzing and revising material prepared by the consultant; circulating the Draft EIR as a City document and certifying that the EIR reflects the independent judgment of the lead agency. r m x C3. Finding on EIR In determining that an EIR was required for the City's consideration of the Project, the City considered whether further environmental review was needed based upon the requirements of CEQA Guidelines §§15162 and 15163. The City evaluated the potential environmental impacts Highland Markdplace/Final EIWCEQA Findings 11 6/14/2012 6.F.i of the proposed components for the proposed Highland Marketplace project through its use of an Initial Study. The analysis in the Initial Study indicated that the proposed Project could have a significant impact on the environment, and that an EIR would be required. j Finding: The proposed Highland Marketplace project has the potential to result in signifcant impacts on c 9 the environment. Pursuant to the CEQA Guidelines, an Environmental Impact Report("EIR') is I the required environmental documentation or the City's q f consideration of the Project. � U C4. General Findings on Mitigation Measures a j In preparing the Conditions of Approval for this Project, City staff incorporated the mitigation a measures recommended in the EIR. In the event that the Conditions of Approval or Mitigation M Monitoring and Reporting Program does not use the exact wording of the mitigation measures c recommended in the EIR, in each such instance, the adopted conditions of approval are intended a to be identical or substantially similar to the recommended mitigation measure. c� 0 Findings: Unless specifically stated to the contrary in these findings, it is this Commission's intent to adopt all mitigation measures recommended by the EIR. If a measure has, through error, been omitted from the Conditions of Approval,from these Findin g s or ftom the Mitigation Monitoring and m © Reporting Program, and that measure is not specifically reflected in these Findings, that LL measure shall be deemed to be adopted pursuant to this paragraph. c a In addition, unless specifically stated to the contrary in these Findings, all Conditions of LL Approval and the Mitigation Monitoring Plan repeating or rewording mitigation measures o recommended in the EIR are intended to be substantially similar to the mitigation measures as d worded in the EIR and are found to be equally effective in avoiding or lessening the identified ° a environmental impact e x C5. Findings on Recirculation M a The Final EIR incorporates information obtained and produced after the Draft EIR was x completed, and that the EIR contains additions, clarifications and modifications related to that c new information. The information is provided in the Errata and identified through interlineation of the Draft EIR for clarity, and was provided to the Planning Commission and to the public in the Planning Department staff report dated May 2012. E r The minor revisions to the Draft EIR do not include any changes in the Project or the environmental setting in which the Project is undertaken and no additional discretionary Q approvals are required as a result of the changes. Rather, the new information merely clarifies, amplifies or makes insignificant modifications reflected primarily in the Executive Summary/Introduction, Section 2.0 (Purpose of EIR), and Section 3.0 (Project Description) of the Draft EIR. Highland Marketplace/Final Eat/CEQA Findings 12 6/142012 CFindings: Unless specifically stated to the contrary in these findings, this Commission finds that the changes and modifications made to the EIR after the Draft EIR was circulated for public review and comment do not individually or collectively constitute significant new information within the meaning of Public Resources Code§21092.1 or CEQA Guidelines§15088.5.. c D. ENVIRONMENTAL IMPACTS U The City's staff report, the EIR, written and oral testimony at public hearings, and these facts, findings and other information in the administrative record serve as the basis for the City's environmental determination. The Final EIR includes revisions to the Draft EIR, public comments and the City's responses, and the Notice of Determination. The detailed analyses of M potential environmental impacts and proposed mitigation measures for the proposed Highland q Marketplace project are presented in Chapter 4.0 of the Draft EIR. Written comments and the R City's responses are provided in Chapter 4.0 of the Final EIR. t� 0 m Presented below are the environmental findings made by this Commission after its review of the documents referenced above, as well as the written and oral comments on the proposed Highland , Marketplace project presented at the Planning Commission public hearing. Factual discussion in v this document summarizes the information contained in the EIR and the administrative record 1 upon which this Commission bases its decision to certify the EIR and approve the project. m The EIR prepared for the proposed Highland Marketplace project evaluated 11 major rn environmental categories (aesthetics, cultural resources, air quality, greenhouse gases, hydrology &water quality, geology and soils, hazardous materials, land use&planning, noise, utilities and LL traffic) for potential significant adverse impacts. Both project specific and cumulative impacts g were evaluated. Of these 11 major environmental categories, the Commission concurs with the v conclusions in the EIR that the issues and sub-issues discussed below can be mitigated below a ° significant impact threshold. E 0 M In addition to the 11 major environmental categories addressed in the EIR, six other major ^ categories (biological resources, mineral resources, public services, agricultural resources, a recreation, and population/housing) were found in the Initial Study prepared for the Project to x have no potential to result in a significant impact. The Commission concurs with the conclusions o on these categories as outlined in the Initial Study (Appendix A of the Draft EIR) and specifically in response to comments on these issues and finds that no significant impacts have been identified as to those categories identified in the Initial Study and no further analysis is `a required. E L U N The following are the remaining sections of this document: a a.� Highland Marketplace(Final EIR/CEQA Findings 13 6/142012 PacketPg.929 6.F.i Section E: Alternatives to the Project Section F: Project Benefits Section G: Adoption of a Monitoring Plan for the CEQA Mitigation Measures Section H: Abbreviations and Acronyms D.1 FINDINGS REGARDING IMPACTS IDENTIFIED IN THE EIR TO BE LESS THAN SIGNIFICANT REQUIRING NO MITIGATION 4 The following issues were identified in the Initial Study as having the potential to cause a significant impact and were carried forward to the EIR for detailed evaluation. These issues were a N found in the EIR as having no potential to cause significant impact and therefore require no project-specific mitigation. In the following presentation, each resource issue is identified and the potential for significant adverse environmental effects is discussed. o e 1. Aesthetics - The General Plan identifies a segment of State Route 30 (now I-210) where it `? meets State Route 330 within the City Limits for future nomination as a Scenic Highway. c However, according to General Plan Figure C-1, the Project Site occurs approximately one-mile t� west of the I-210/330 segment, and therefore would not have an adverse impact to a State Scenic o Highway. "s The primary purpose of EDA's acquisition of the properties comprising the Project Site, and I subsequent demolition of the existing residential structures and relocation of residents, was to � promote and foster a commercially viable and economically sustainable plan of redevelopment w and reuse of the Project Site and to prevent the spread of blight and related crime into other U. surrounding neighborhoods and communities. m c v Residents and businesses within this area of the City would benefit from redevelopment of the LL currently vacant site into an upscale retail center. The City as a whole would benefit from e redevelopment of the Project Site, continuing Highland Avenue as a visually-pleasing, m commercial gateway for the City. d E As a result of the analysis conducted, impacts to visual resources are considered to be less than = significant. a 2. Air Ouality - Consistency with the AQMP assumptions is determined by performing an x analysis of the project with the assumptions in the AQMP. Thus, the emphasis of this criterion is o to insure that the analyses conducted for the project are based on the same forecasts as the AQMP. The Regional Comprehensive Plan and Guide (RCP&G) consist of three sections: Core Chapters, Ancillary Chapters, and Bridge Chapters. The Growth Management, Regional m Mobility, Air Quality, Water Quality, and Hazardous Waste Management chapters constitute the t Core Chapters of the document. Tbese chapters currently respond directly to federal and state x requirements placed on SCAG. Local governments are required to use these as the basis of their plans for purposes of consistency with applicable regional plans under CEQA. Since the SCAG forecasts are not detailed, the test for consistency of this project is not specific. The traffic modeling methodologies are based on the City's General Plan and the ITE Trip Generation 8'h Edition. The AQMP assumptions are based upon projections from local general Highland Marketplace/final EIWCEQA Findings 14 614 1011 Packet Pg.930 plans. Projects that are consistent with the local general plan are consistent with the AQMP assumptions. The Proposed Project would result in a slight increase in emissions, but the emissions are below the significance thresholds. Therefore, the second criterion is met for consistency with the AQMP. Cancer Risk Increase Due to Project Diesel Particulate Matter (DPM) has historically been used as a surrogate measure of exposure q for whole diesel exhaust emissions. Although uncertainty exists as to whether DPM is the most appropriate parameter to correlate with human health effects, it is considered a reasonable choice 0 until more definitive information about the mechanisms of toxicity or mode(s) of action of diesel M exhaust becomes available. E n Table D-1 presents the maximum annual average DPM concentrations for the four receptor-types n ? bordering the project; residents,workers, teachers, and students. The resident category represents o the residences that bound the project to the west as well as the residences located to the east o r across Arden Avenue. The worker category represents the commercial area located to the west of the project across Guthrie Street. The teacher and student categories represent the school located to the south of the project across 20th Street. The table also presents the increased cancer risk 1 due to exposure due to DPM calculated from the concentration. a r � SCAQMD data indicates that the cancer risk from DPM represents approximately 84% of the total cancer risk from all Hazardous Air Pollutants (HAP). The final column estimates the overall m increase in cancer risk due to exposure to all HAPs. LL N Table D-I Cancer Risk Increase at Maximum Impacted lie s LL Increase in CanceCancer Risk a Annual DPM Per Million FrThreshold Exceeds o Receptor Concentration Ex osure to: 10 per Million Threshold? E Category m' DPM All HAP* x° Resident 0.0050 2.2 2.6 10 No M Worker 0.0028 0.2 0.24 10 No Teacher 0.0060 0.3 0.36 ]0 No z Student 0.0060 0.2 0.24 10 No W •Estimated Assuming DPM Represents M-1. fTotal Cancer Risk C N d The concentrations shown in Table D-1 represent the highest DPM concentrations in each one of these areas and therefore represent the worst-case cancer risk that assumes that a receptor spends all of their time at that point for the entire exposure period assumed in the cancer risk calculation u (i.e.; 70 years/24 hours a day for residents, 40 years/8 hours a day/5 days a week for workers, 40 ig years/8 hours a day/180 days per year for teachers and 9 years/8 hours a day/180 days per year a for a student). Cancer risk away from these maximums scale linearly with the DPM concentration (e.g.; a residential receptor exposed to 0.0035 µg/m3 would have an increased cancer risk of 0.0035/0.0050' 2.2= 1.5 per million). Highland Marketplace(Final EWCEQA Findings 15 6:I3:3U L' Packet Pg. 931 { As shown in Table D-1, the maximum cancer risk increase due to the Proposed Project is 2.6 in a million. This is below the significance threshold of 10 in a million. Therefore, the project will not result in a significant impact due to increased cancer risk from DPM emissions. 3. Cultural Resources -According to the City of San Bernardino's General Plan Update and Associated Specific Plans Draft EIR (Figure 5.4-2 Archaeological Sensitivities), the Project Site is not located in a designated area of concern for Archaeological Resources or in an Urban 4 Archaeological District containing Historical Archaeological Resources. No impacts are expected. v N 4. Geology and Soils - The Project Site is located outside of an Alquist-Priolo Special N, Studies Zone as depicted on Figure S-3 of the City's General Plan. Reviews of official maps delineating State of California earthquake fault zones (7.5 Minute Series, State of California E Special Studies Zones, San Bernardino North Quadrangle, Official Map) indicated the site is not located within a zone for mandatory study for active faulting. ° m In addition, the Project Site, due to its relatively flat topography, is not located in an area prone t� to land or mudslides, and it is not located within an area susceptible to liquefaction and/or ground subsidence, as shown in Figures S-5 and S-6 of the City's General Plan. The Proposed Project would not modify any unique physical features. No unique geologic features were found w during a site survey/evaluation; therefore no impact would occur. m 5. Hazardous and Hazardous Materials - The Project Site does not occur on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5. In addition, as shown ` LL in Figure LU-4 of the City's General Plan, the Project Site is not located within the San a Bernardino International Airport SBIA Influence 5 Airp ( ) Area, nor does it occur within a wildland fire � hazard area as shown on Figure S-9 in the City's General Plan. The Proposed Project was found LL not to impair implementation of, or physically interfere with the City's emergency response c and/or evacuation plan. m 0 6. Hydrology and Water Quality - The Proposed Project would not deplete groundwater e supplies nor would it interfere with groundwater recharge. The Proposed Project design includes = underground retention basins to collect storm water from parking areas and treatment of runoff from building roofs before being discharged to the street. No significant impact to groundwater a resources is anticipated. According to City's General Plan Figure S-2, the Project Site is not x located within the Seven Oaks Dam inundation area. Therefore, flood inundation is not expected o to result from the failure of the Seven Oaks Dam. In addition, there are no oceans, lakes or reservoirs near the Project Site; therefore impacts from seiche and tsunami would not occur. c v The Proposed Project's drainage system consists of storm water runoff that will flow to several E r catch basins located throughout the site and to 20`s Street via parkway drains. It is anticipated that three underground retention basins with drainage systems that include classified injector wells will be located in the main parking lot area to collect storm water flow from certain areas on-site totaling 7.5 acres. The storm water runoff from other paved areas and rooftops (totaling 9.9 acres) will be treated with biofrlters prior to being discharged to 20'h Street. Improvements related to Highland Avenue widening will generate additional drainage that will be discharged to the City's existing 24-inch collection system. Highland Marketplace/Final EWCEQA Findings 16 6/14R0I2 Packet Pg.932 1 i Implementation of Mitigation Measures GS-1 and GS-4 would further reduce the level of impact from erosion. The Proposed Project would not alter the course of any surface waters that it is tributary to (City Creek, Santa Ana River). Less than significant impact to existing drainage patterns resulting from an increase in runoff or substantial erosion or siltation would occur. Upon the City's approval of the Proposed Project's SWPPP and WQMP, and the City's o compliance with Regional Board Order No. R8-2010-0036 as a co-pemuttee responsible for conducting regular inspections of industrial and commercial facilities and construction sites to evaluate compliance with applicable municipal ordinances, local permits, Storm Water Management Plan, and Water Quality Management Plans, project-specific impacts related to the n impairment of water quality would be less than significant. a 7. Land Use - The Proposed Project includes a General Plan Amendment to change the n Project Area land use designation from Public Commercial Recreation (PCR) to Commercial c General (CG-1), and approval of a Conditional Use Permit (CUP) to allow for multi-tenant use A of the Project Site. The City of San Bernardino General Plan defines PCR as an open space designation intended for intensive recreational uses such as golf courses, sport complexes, and fair grounds. Intended uses of the CG-1 commercial designation include local and regional serving retail, personal service, entertainment, and office related commercial uses. The change in w designation required by the Proposed Project would not be incompatible with the City General Plan designations within the neighborhood, would be consistent with the General Plan upon o approval of the General Plan Amendment, and would be compatible with surrounding land uses. m LL No habitat conservation or natural community conservation plans have been adopted for the Project Site or surrounding area. The Project Site is relatively flat with an average three percent `- a grade, therefore no impacts from development within a hillside area would occur. As shown on ° LL Figure S-9 in the City's General Plan, the Project Site does not occur in an area considered as a c Fire Hazard Zone. Additionally, the Project Site occurs outside of the San Bernardino m International Airport Influence Area. No impacts related to aircraft or flight patterns are expected. E 0 x 8. Mineral Resources-No loss of valuable mineral resource would occur with Proposed Project M development. The Proposed Project would utilize aggregate, sand and gravel for site n construction. These resources are commercially available in the southern California region x without any constraint and no potential for adverse impacts to the natural resources base o supporting these materials is forecast to occur over the foreseeable future. m The Project Site is located within MRZ-3 Mineral Resource Zone as adopted by the State Mining d and Geology Board. The MRZ-3 areas indicate the existence of construction aggregate deposits t are not known from available data. Based on the centrally located urbanized location of the M Project Site, mining would not be a suitable use for the property. The Proposed Project would a have no impact on available mineral resources 9. Noise - Perceptible ground home vibrations are typically associated with blasting operations and the use of pile drivers, neither of which would be used during construction of the Proposed Highland Marketplace/Final EEUCEQA Findings 17 6/14/2012 Packet Pg. 933 Project. Consequently, no excessive ground bome vibration would be created during post- construction of the Project. On-site activity would include movement of vehicles on-site and delivery of goods. I npacts from aircraft noise would have no effect on employees or customers as the nearest airport is located approximately 1.5 miles southwest of the Project Site. 10. Population and Housing-- Currently there is an existing Home Depot in the city of San Bernardino, located on the south side of Highland Avenue just west of Muscupiabe Drive and o approximately four miles west of the Project Site. The project proponent is considering the closure of this store. If the facility does close, the existing labor force would likely fill positions at the new location, and therefore the Proposed Project would not have an impact on area population growth, either directly through the creation of new housing or employment, or M indirectly through the extension of infrastructure. Additional retail proposed on-site would be considered less than significant, and would likely be filled by residents within the surrounding n area. In addition, the Proposed Project would have no impact on existing housing, nor would it n displace any residents or require the construction of housing elsewhere. ° m 11. Public Services 0 Fire Protection: The City of San Bernardino Fire Department provides fire protection and emergency medical services to the Project Site and vicinity. The Fire Department provides N emergency medical care (with emergency medical team personnel and paramedics), "HazMat" (hazardous materials)teams and resources, and aircraft rescue and fire fighting services. The Fire Department also conducts fire safety inspections of businesses, and educates the public about E safety measures through school and disaster preparedness programs. As discussed in Section LL VIII, Hazards and Hazardous Materials, the Proposed Project may include a gas station. rn Therefore, due to the on-site storage of hazardous materials, the County of San Bernardino Hazardous Materials Division would be involved with the oversight of a Business LL Emergency/Contingency Plan. o n v The nearest station to the Project Site is Station No. 226 approximately three mile southwest of ° the Project Site. The Proposed Project would include the installation of fire hydrants to assist in n m combating potential fire hazards should they arise. Due to the potential on-site use and storage = of hazardous and flammable materials, the Project Proponent would also require an Emergency/Contingency Plan that would establish procedures to follow in the event an a emergency situation(such as a fire or hazardous spill) occurs. Oversight for this Plan is provided w by the County of San Bernardino Fire Department, Hazardous Materials Division, and would be G reviewed annually and renewed every three years. Implementation of necessary maintenance, training and emergency preparation provided by the Emergency/Contingency Plan,would ensure that the Proposed Project would have a less than significant impact on fire protection services. E E Police Protection: The City of San Bernardino Police Department provides law enforcement services for businesses and residences within the City limits. As crime and calls for service change over time, the District's boundaries and staffing assignments are evaluated to maintain a balance of service across the City. If it is decided that the existing Home Depot located near Muscupiabe Drive is to close, no increase in service demands on existing police services would be expected. Additionally, the Project Site was developed with multi-family residential until Highland Mukaplace/Final EQUCEQA Findings 18 6/142012 Packet Pg. 934 C four year ago; and thus was protected by the existing police force. Redevelopment of the Project Site is expected to have a less than significant impact on police protection. Schools: As previously stated, the Project Proponent is considering the closure of the existing Home Depot located near Muscupiabe Drive. Should the facility close, the new facility would absorb the existing labor force currently in place at the existing Home Depot. Additional retail facilities proposed as part of the Project are not expected to generate a significant number of new o jobs and therefore,would not place a demand on schools. c Parks: There are a total of 52 developed parks and recreational facilities in the City, Y encompassing approximately 540 acres, including three regional parks. Additionally, many school sites, community centers and senior centers throughout the City are available for O recreational activities. Since a substantial number of new jobs is not expected from this Project n (upon potential closure of the existing Home Depot near Muscipiabe Drive), no population M increase would result from the Proposed Project and therefore no impact to parks would result. q m Government Services: The Proposed Project may include the construction of a gas station and therefore a new source of hazardous materials storage at the Project Site. However, since o monitoring and oversight for these materials would not be considered a significant increase in service demand, impacts are considered less than significant. N Maintenance of Public Facilities: Traffic trips for the area would increase as a result of the � Proposed Project, which would contribute to incremental wear and tear on adjacent roadways. m To cover costs for road construction and maintenance, a portion of the City's development LL application fees, in combination with revenue generated from the State's gasoline excise tax rn (Proposition 111 Motor Vehicle Fuel Tax, June 1990), would be collected to offset public v roadway maintenance. Impacts associated with local roadway maintenance are considered less LL than significant c CL m 10. Recreation - There are a total of 52 developed parks and recreational facilities in the City, encompassing approximately 540 acres, including three regional parks. Additionally, many c school sites, community centers and senior centers throughout the City are available for = recreational activities. Since a substantial number of new jobs are not expected from M development of the proposed Home Depot (upon potential closure of the existing Home Depot a near Muscupiabe Drive), no population increase would result from the Proposed Project and no w impacts to recreational facilities would occur. c N d 12. Traffic and Circulation - The Project Site does not occur in the San Bernardino International Airport Influence Area as shown in Figure LU-4 of the City's General Plan. No impacts to air d traffic patterns, including either an increase in traffic levels or a change in location of air traffic r would result. Project implementation would not impact emergency access. Site plans are required to meet all City design standards and are reviewed by City Planning, Building & Safety, and Fire Departments to ensure adequate emergency access is provided. The Proposed Project would not conflict with existing policies regarding alternative transportation, and no increased hazards to bicyclists or pedestrians would result. Highland MarkoplacelFinal EaUCEQA Findings 19 6/14/2012 PacketPg. 935 The Proposed Project would generate additional traffic trips for the Site and surrounding area. The Proposed Project would not create or substantially increase hazardous conditions due to a design feature or incompatible uses. There are no sharp curves, dangerous intersections, or incompatible uses that would interfere with traffic flow. However, the Project Site is located immediately north and adjacent to an existing elementary school. 13. Utilities and Service Systems - Proposed construction would result in an additional demand on wastewater collection and treatment facilities over the current vacant land use at the site. However prior to the 2007 demolition of the multi-family units, wastewater generation from the site was approximately 59,940 gallons per day (GPD) (based on 296 units times 2.7 persons per M unit and 125 gallons per person per day and 60 percent of water use to sewer). It is estimated ° that proposed uses on-site would generate 5,236 GPD of wastewater. Therefore wastewater n generated from previous on-site uses was greater than what would be associated with the M proposed commercial land uses. 9 m The proposed project would be served by the City of San Bernardino Refuse & Recycling Division, which provides collection services to residential and commercial/business customers o for refuse, recyclables, and greenwaste. Materials that are not recycled in compliance with the iIntergraded Waste Management Act (AB 939) are taken to one of two regional landfills in the N valley, San Timoteo (permitted until 2026) or Mid-Valley (permitted until 2033), which are can receive up to 1,000 tons per day and 7,500 tons per day, respectively. A majority of the Proposed Project is not considered a new use within the City but is a relocation a of an existing use, and therefore no additional solid waste would be generated. However, new rn retail/commercial development proposed on-site, including a total of 60,570 square feet (Pad I at �`- 2,900 square feet, Pad 4 at 5,500 square feet and Major 1 and Shops at 52,170 square feet), c LL would generate approximately 0.18 tons per day (313 pounds per day at 0.006 pounds per square e foot per day). The proposed site plan also includes Pads 2 and 3, which would likely m accommodate drive-thru restaurants for a total of 8,060 square feet, and is estimated to produce ° 0.17 tons per day (340 pounds per day at 17 pounds per employee per day at 20 employees). E Total solid waste expected to be generated at the site is 0.35 tons per day, which is = approximately 0.035 percent of the permitted capacity at the San Timoteo landfill, and M 0.005 percent of the permitted capacity at the Mid-Valley landfill. Since estimated solid waste a generation would be less than one percent at either of the landfill, the Proposed Project would w not place a significant demand on solid waste services and would not be served by a landfill with C insufficient permitted capacity. d 14. Greenhouse Gases - As a result of the analysis conducted for the DEIR, it was determined m that there were no issues associated with greenhouse gas emissions that had the potential for t resulting in significant impacts. Temporary impacts would result from construction activities. The primary source of GHG emissions generated by construction activities is from use of diesel- powered construction equipment and other combustion sources (i.e., generators,worker vehicles, materials delivery, etc.). The GHG air pollutants emitted by construction equipment would primarily be carbon dioxide. Highland Marketplace/Final EWCEQA Findings 20 6/14/2012 The previous use consisted of 296 multi-family dwelling units. The vehicle trips for the residential use were projected by the traffic engineer (Fehr & Peers, August 12, 2011) to be approximately 1,719 trips per day. GHG emissions for the previous land use would be approximately 3,917 metric tons equivalent carbon dioxide (MTCO2EQ)per year. The Proposed Project results in an increase of approximately 2,859 MTCO2EQ per year. The project emissions are below the SCAQMD threshold of 3,000 MTCO2EQ per year, and therefore, no significant I climate change impacts are anticipated. 15. Economy Impacts — Urban Decay - Projected residential (permanent and seasonal households) and non-residential Building Materials sales are presented by relative distance from N ] the proposed Home Depot, as shown in Draft EIR Tables 4.10-12 and 4.10-13. Projections of n j residential and non-residential sales are expressed in 2010 dollars. As shown, stores in Band 1 i (from 0 to 5.0 miles away from the proposed Home Depot) and Band 2 (from 5.0 to 10.0 miles away), are projected to experience decreases in Building Materials sales in the short-tern period, n from 2010 to 2014. Stores in Band 3 are projected to experience an increase of about 56.5 q percent in sales from 2010 to 2014. However, from 2014 to 2020, all three Bands are projected o to experience small increases in sales for Building Materials and Home Improvements. From the analysis performed. the EIR concluded that the Based on the performance measure of sales per square foot for Building Materials and Home Improvement stores serving the study N RTA, it is concluded that the supply of competitive stores will not experience significant vacancies that will persist over the long-term. In addition, in the present analysis, as shown in Figure 6-1, sales per square foot trends after the introduction of the proposed Home Depot store, m show: 1) either increases in performance at various distances from the proposed site (0-5 miles LL and greater than 10 miles); or 2) relatively small decreases (5 to 10 miles) in the short-term (2014), and then increases back close to their former level by 2020. Finally, while there have been declines in Building Materials and Home Improvement sales in recent years in the overall a market area studied, there have also been decreases in the supply with the closing of the Lowe's o Home Improvement store in northwest San Bernardino in late 2010, and, a Home Depot store m located near the intersection of Interstate 215 and Highway 159 in San Bernardino is expected to ° close when its lease expires in early 2014. In addition, the DIY Home Center that opened in c 2011 in the City of Big Bear Lake is shown to largely capture its sales from the Mountain area = and does not directly compete for households that reside near the competitive stores in the City of San Bernardino and its neighboring jurisdictions. a r X While it is possible that individual stores may experience greater or lesser sales per square foot o impacts than averages shown for various distance bands from the proposed Home Depot store (due to their unique locations or business conditions), it is projected that the sales per square foot trends, in conjunction with increases and decreases in the competitive retail supply, would not E likely result in substantial and persistent increases in commercial vacancies that would result in r urban decay. m a Highland Marketplace/Final EWCEQA Findings 21 6/14/2012 Packet Pg. 937 D.2 FINDINGS REGARDING IMPACTS ANALYZED IN THE EIR AND DETERMINED TO BE MITIGATED TO LESS THAN SIGNIFICANT This section includes findings for project impacts which are potentially significant, but can be mitigated to a less than significant level with the imposition of mitigation measures. This Commission finds that all potentially significant impacts of this project listed below can and will 4 be mitigated, reduced or avoided by imposition of mitigation measures. Specific findings of this Commission for each category of such impacts are set forth below in this section. U a CEQA Section 21081 states that no public agency shall approve or carry out a project for which an environmental impact report has been completed which identifies one or more significant effects unless the public agency makes one or more of the following findings: E a. Changes or alterations have been required in, or incorporated into the project, which 4 mitigate or avoid the significant environmental effects thereof as identified in the o completed environmental impact report. c7 0 b. Such changes or alterations are within the responsibility and jurisdiction of another r° public agency and such changes have been adopted by such agency or can and should be adopted by such other agency. c. Specific economic, social or other considerations make infeasible the mitigation Q measures or project alternatives identified in the environmental impact report. LL w rn Ais City hereby fends, pursuant to CEQA Section 21081, that the following potential v environmental impacts can and will be mitigated to below a level ofsignificance, based upon the LL implementation of the mitigation measures recommended in the EIR. o 0 Each proposed mitigation measure discussed in this section of the findings is assigned a code ° letter correlating it with the environmental category used in the Mitigation Monitoring and E 0 Reporting Program included in Chapter 5.0 of the Final EIR. _ M 1. Aesthetics a s In. Potential Significant Impact: o 0 d Impact AES-2: c m Commercial development of the Project Site would create a new source of light or glare E which could adversely affect day or nighttime views in the area, and adjacent residential areas. a Facts: Highland Marketplace/Final EHUCEQA Findings 22 6/142012 PacketPg.938 1 i i C The 17.37 acre Project Site was previously developed with approximately 296 multi-family units. Relocation of residents and demolition of the housing units began in 2007 and was completed in or around 2010. Currently the site is vacant and no light sources occur on-site. Development of the site into a commercial shopping center would therefore result in new sources of light and glare. Development of the Proposed Project would require installation of outdoor lighting necessary for c public safety and security and to accommodate nighttime business operations. All lighting would comply with the regulations set in the property development standards contained in the City's 3 Development Code. The standards require that on-site lighting be arranged to reflect away from adjoining property or any public streets. A photometric plan of the proposed lighting layout was prepared by Tait & Associates in August 2011. According to the photometric plan, average site luminance of the study zone was 1.3 foot-candles (fc); average luminance of the Home Depot E parking field was determined to be 3.0 fc. 0 Based on evaluation of the site lighting photometric plan, the Proposed Project is not anticipated c to create substantial light which could adversely affect the adjacent residential development and public rights-of-way. However, specific grading near the southwest corner of the site would result in a split-level retaining wall constructed of a six-foot high lower level section, above which would be a ten-foot wide landscaped area, and another six-foot high second level retaining wall topped with a three-foot high railing, is proposed for approximately 330 feet along the southern boundary, and approximately 240 feet along the western boundary (beginning at the southwest comer of the site, and gradually decreasing to a single level retaining wall). Based on m the final height of the retaining wall and final grade that cars would be driving/parking, it is a possible that vehicle highlights could provide a new source of glare to second-story windows of o residents along the western boundary. To ensure potential impacts are reduced to a less than E0 significant level the following mitigation measures shall be implemented: LL 0 Mitigation Measure AES-1: d 0 Project design features shall be incorporated to provide landscaping, physical barriers, E 0 screening, or other buffers to minimize project-generated illumination from entering off-site = areas and to prevent glare for residential development along the western boundary of the M site. a L Mitigation Measure AES-2: w 0 N d The final height of new lighting structures shall be minimized for surface parking areas, vehicular access ways, and walkways. d E U U Findings: a Based on the whole record, this Commission finds that with appropriate lighting and shielding, as well as Conditions of Approval that would be placed on the project, adverse effects of exposure to light and glare from the site will be reduced and/or eliminated, ensuring that no Highland MsAsaplace/Final EWCEQA Findings 23 6/142012 Packet Pg.939 significant aesthetics and visual quality impacts occur with implementation of the proposed project. 2. Air Quality 2a. Potential Significant Impact: m Impact AQ-1 ° a The Proposed Project's activities could increase emissions of criteria pollutants and ci potentially violate air quality standards, or contribute substantially to an existing or n projected air quality violation. E Facts: a M i o Construction Emissions I a Short-term construction emissions are shown in Table D-2. The highest daily construction o emissions are presented below and represent a worst- case scenario. The projected emissions are m compared to the Significance Thresholds. Refer to Appendix B for CalEEMod data worksheets. N Table D-2 Peak Construction Emissions m ® Pollutant Emissions Ohs./da Activity ROG NOX I CO SOx PMIO PM2.5 H Demolition 9.5 75.3 45.4 0.1 4.0 3.8 Site Preparation 10.6 84.9 49.3 0.1 22.6 14.2 LL Grading 12.6 104.0 56.8 0.1 14.0 8.3 0 Building Const. 8.4 55.1 48.9 0.1 7.2 3.4 0 Paving 7.0 33.9 22.0 0.0 3.2 3.0 Architectural Coating 633.7 1 3.2 5.1 0.0 0.9 1 0.3 0 SCQAMD Thresholds 75 100 550 150 150 55 M Exceed Threshold? Yes Yes No No No No a source:Mestre Greve Associates October 2011 r X W 0 As shown in Table D-2, ROG (architectural coating, painting both inside and outside the buildings) and NOx (grading phase) exceeds SCAQMD thresholds. Therefore, mitigation measures for the architectural coating phase and grading phase will be necessary to reduce d impacts. t U w Diesel Particulate Matter Emissions During Construction a In 1998, the CARB identified particulate matter from diesel-fueled engines (DPM) as a TAC. It is assumed that the majority of the heavy construction equipment utilized during construction would be diesel fueled and emit DPM. Highland Marketplace/Final ERUCEQA Findings 24 6,14 101 Packet Pg. 940 Impacts from toxic substances are related to cumulative exposure and are assessed over a 70-year period. Cancer risk is expressed as the maximum number of new cases of cancer projected to occur in a population of one million people due to exposure to the cancer-causing substance over a 70-year lifetime(California Environmental Protection Agency, Office of Environmental Health Hazard Assessment, Guide to Health Risk Assessment.) Grading for the project, when the peak diesel exhaust emissions would occur, is expected to take less than 2 months with all construction expected to be completed in about 24 months. Because of the relatively short 4 duration of construction compared to a 70-year lifespan, diesel emissions resulting from the construction of the project are not expected to result in a significant health impact. U Localized Significance Thresholds m In accordance with Governing Board direction, SCAQMD staff developed localized significance E CL threshold(LST)methodology and mass rate look-up tables by SRA that can be used to determine tr whether or not a project may generate significant adverse localized air quality impacts. LSTs represent the maximum emissions from a project that will not cause or contribute exceeding the a most stringent applicable federal or state ambient air quality standard, and are developed based c9 on the ambient concentrations of that pollutant for each source receptor area. m The LST mass rate look-up tables provided by the SCAQMD allow one to determine if the daily emissions for proposed construction or operational activities could result in significant localized v air quality impacts. If the calculated on-site emissions for the proposed construction or operational activities are below the LST emission levels found on the LST mass rate look-up m tables and no potentially significant impacts are found to be associated with other environmental LL issues, then the proposed construction or operation activity is not significant for air quality. c a The LST mass rate look-up tables are applicable to the following pollutants only: oxides of NOx, E LL CO, PM1o, and PMz.s• LSTs are derived based on the location of the activity (i.e., the c source/receptor area); the emission rates of NOx, CO, PM2.5 and PM10; and the distance to the m nearest exposed individual. c d E The threshold for operation listed in Table D-3 is based on a 5 acre site with a sensitive receptor = located at a 60-foot (18 meters) distance. However, the project consists of approximately 17 acres, however, 5 acres is the largest parcel available in the LST methodology. A project with a daily emission rates below these thresholds during operation is considered to have a less than x significant effect on local air quality. uo 0 a m Table D-3 Localized Si nificance Thresholds (lbs/da ) d E Description NOr CO PM. PM2.5 u onstruction Activities 270 1,746 14 8 eration 270 1,746 4 2 a Source:Mmre Greve Associates October 2011 Highland Marketplace/Final Ela/CEQA Findings 25 6/14/2012 Packet Pg. 947 6.F.i Construction Emissions—LSTAnalysis The on-site emissions were calculated utilizing CalEEMod. The total on-site construction emissions are compared to the LSTs. Refer to Table D-4 for LST significance. i 4 Table D4 a Emissions By Construction Activity Daily Emissions 1bsJda M Activity NOX CO PM10 PM2.5 E Demolition 75.1 44.2 3.8 3.8 a Site Preparation 84.7 47.8 22.3 14.2 0 Grading 103.9 55.1 13.7 8.3 Building Construction 37.4 23.7 2.5 2.5 a Paving 33.8 20.9 2.9 2.9 Architectural Coating 3.0 1.9 0.3 0.3 LST Thresholds 270 1,746 14 8 Exceed Threshold? No No Yes Yes Source:Mestre Greve Associates October 2011 ro © As shown in Table D-4, PMIO and PM2,5 are anticipated to exceed thresholds during site S preparation, and grading, respectively. These emissions are forecasted without mitigation (e.g., ti no watering). The following mitigation measures are recommended to reduce dust, exhaust emissions from construction equipment,and VOC emissions from architectural coatings. c lL Mitigation Measure AQ-1: °o d 0 All paint shall have a low volatile organic compound (VOC) rating of 50 g11 or less for the project and restrict paint usage to 600,000 square feet per day. x° M During construction all paint should have a VOC rating of 50 g/1 or less as defined by the ARB. a This is defined as super compliant low-VOC paint and suppliers of this paint can be found on the E SCAQMD website. The painted area needs to be limited to 600,000 square feet. The CalEEMod m calculates a maximum surface area that might be painted. It does not appear to assume that m portions of the building will not be painted or that colored stucco or other surfaces will be used in lieu of painting. CalEEMod determined that 1,093,447 square feet could be painted. m E Mitigation Measure AQ-2: a During site preparation phase, at least one grader and one dozer shall meet "Tier II" emission requirements. During the site preparation and grading phases at least one grader and one dozer shall be "Tier IP' equipment as defined by the ARB. With this mitigation measure, the NOx emissions during Highland Marketplace/Final EMCEQA Findings 26 6/14/2012 Packet Pg�942 grading will be reduced to below 100 pounds per day significance threshold. This mitigation is also necessary to reduce the particulate emissions. i Mitigation Measure AQ-3: All exposed services shall be watered three times a day during the grading and site preparation phases. 4 Watering the construction site three times per day results in a 61% reduction in particulate CL emissions due to soil disturbance. These emissions will be below the LST thresholds and n therefore,no local impacts would occur. m Findings: n Based on the whole record, this Commission finds that with implementation of Mitigation `? Measures AQ-1 through AQ-3, the projected construction emissions would be below the regional m CL significance thresholds established by the SCAQMD for all pollutants. In addition, none of the 0 emissions will exceed the LST thresholds(Table 4.2-9)and no local impacts would occur o m 3. Cultural Resources N r 3a. Less Than Significant Impact with Mitigation: � Q Cause a substantial adverse change in the significance of an archaeological resource pursuant i` to§15064.5 of CEQA. E Cause a substantial adverse change in the significance of a historical resource as defined in a §15064.5 of CEQA. 0 a d Directly or indirectly destroy a unique paleontological resource or site or unique geologic � feature. E m 0 x Facts: a An archaeological records search was completed through the San Bernardino County Museum, t Archaeological Information Center, Redlands on May 5, 2011. The records search involved a W 0 review of previous studies, recorded resources, and historic maps. The research provided the d baseline data for assessing the relative sensitivity of the area to yield evidence of cultural resources. c d E r The records search indicated that between 1973 and 2005 a minimum of nine cultural resource m investigations were completed within one half mile of the Proposed Project site. None of these investigations included or overlapped the Project Site; however, one investigation was conducted immediately adjacent to the project area. The records search identified two recorded resources: CA-SBR-6847H is the Atchison,Topeka and Santa Fe Railroad alignment and is located north of the project area, P1062-911 is a reference to the "pending" location and identification of resources associated with the Patton State Hospital dairy farming activities to the east of the Highland Marketplace/Final EIa/CEQA Findings 27 61142012 PacketPg. 943 Project Site. The Atchison, Topeka and Santa Fe Railroad alignment would not be impacted as a result of the Proposed Project. According to McKenna et al., structures associated with the Patton State Hospital were illustrated on the 1996 Harrison Mountain Quadrangle but not visible on the current GoogleEarth aerial photograph. A field reconnaissance of the Project Site was completed on May 10, 2011 by McKenna et al. Principal Investigator Jeanette A. McKenna. During the pedestrian survey, no evidence of o prehistoric or historic archaeological resources was identified. At the time of the field visit, only evidence of the post-1962 street alignments and some infrastructure improvements were visible. 3 The Project Site is not considered sensitive for paleontological resources. N N M Although no resources were discovered on the Project Site and the archaeological sensitivity of the project area is considered to be low, in the event that any archaeological materials are F encountered the following mitigation measures shall be implemented: 0 m Mitigation Measure CR-1: In the event that buried cultural resources, including historic or archeological resources, are discovered during construction, operations 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 qualifed archeologist shall make recommendations to the Lead Agency on measures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds in accordance with Section 15064.5 of the CEQA LL Guidelines. If the resources are determined to be unique historic resources as defined under Section 15064.5 of the CEQA Guidelines, appropriate measures shall be identified by the a monitor and recommended to the Lead Agency. LL 0 Measures may include but are not limited to: a detailed mapping of the findings; a m recordation of the discovery with appropriate agencies; and potential tests (if needed) to ° m evaluate the resources' eligibility for listing in the National Register or California Register o of Historic Resources. A technical report would then be prepared to document field methods = and results. n a Mitigation Measure CR-2: k w 0 In accordance with 36 CFR 800.13(b)(3), the State Historic Preservation Officer and Native American tribal contacts as listed on the letter (dated September 28, 2007) received from Native American Heritage Commission (NAHC), as well as the Advisory Council on Historic E Preservation will be notified within 48 hours of the discovery ofany archaeological artifacts. r U Findings: Based on the whole record, this Commission finds that application of the above mitigations will reduce the potential impacts to unknown historic, archeological, and paleontological resources to a less than significant level. Highland Marketplace/Final EIWCEQA Findings 28 6/142012 PacketPg. 944 6.F.i Disturb any human remains, including those interred outside of formal cemeteries. Facts: There is always the potential for ground-disturbing activities to uncover previously unknown buried human remains. Should this occur, federal laws and standards apply including the Native g American Graves Protection and Repatriation Act and its regulations found in the Code of Federal Regulations at 43 CRF 10. In the event of an accidental discovery or recognition of any human remains, California State Health and Safety Code Section 7050.5 dictates that no further disturbance shall occur until the County Coroner has made the necessary findings as to origin M and disposition pursuant to CEQA regulations and Public Resource Code Section 5097.98. During construction activities,there is a potential for previously unknown buried hum E an remains E to be uncovered and therefore,the following mitigation measure would be implemented: M C Mitigation Measure CR-3: a If human remains of any kind are found during construction activities, all activities must o cease immediately and the San Bernardino County Coroner and a qualified archaeologist must be notified. The Coroner will examine the remains and determine the next appropriate action based on his or her findings. If the Coroner determines the remains to be of Native American origin, he or she will notify the Native American Heritage Commission. The Native American Heritage Commission will then identify the most likely descendants to be consulted regarding treatment and/or reburial of the remains. If a most likely descendant cannot be S identified, or the most likely descendant fails to make a recommendation regarding the a treatment of the remains within 48 hours after gaining access to them, VMC shall rebury the v Native American human remains and associated grave goods with appropriate dignity on the LL property in a location not subject to further subsurface disturbance. e a m Findings: ° 0 E 0 Based on the whole record, this Commission finds that in the event any bones ofpossible human = origin are uncovered, during excavation or other construction, the San Bernardino County M Coroner shall be notified and permitted to investigate the find prior to any further disturbance of a the location of discovery the consulting with the Native American "Tribe"and hiring a qualified w archaeologist will reduce impacts to human remains to less than significant levels. 0 N U Y 4. Geology and Soils a, 4a. Potential Significant Impact: E U F Impact GS-1: The Proposed Project results in the development of a vacant site that would involve substantial earth movement (cut and/or fill) with the potential to result in substantial soil (� erosion or the loss of topsoil, or unstable soil conditions. The earth movement and grading Highland Markctplace/Final EWCEQA Findings 29 6/14/2012 Packet Pg 9945'- a I activities could expose nearby people or structures to potential substantial adverse effects, including the risk of loss, injury, or death. Facts: On-site activities related to the movement of earth would involve grading. According to the "• A.L.T.A. survey by Tait,the site ranges in elevation from about 1,205 feet amsl in the southwest 4 '. comer of the site to about 1,247 feet amsl in the northeast comer of the site. Based on the Home Improvement Store finished floor elevation of 1,218 feet amsl listed on the site plan and the current elevation within the building pad area (about 1,207 to 1,224 feet amsl) cuts up to about N five feet and fills of up to about ten feet are anticipated to achieve the proposed building pad M subgrade elevation. Based on a finished surface elevation of 1,220 feet amsl for Major 1 listed E on the site plan provided and the current elevations within the Major 1 building pad area (about t 1,220 to 1,230 feet amsl), cuts of up to about ten feet are anticipated to achieve the proposed M Major 1 building `? � g pad subgrade elevation. m Soils left bare during construction activities can erode due to high wind speeds or the presence of t7 swiftly moving water. To avoid off-site erosion impacts, a storm water management plan which o incorporates drainage design features to mitigate for storm related impacts has been prepared. The NPDES permit process requires developers or contractors to reduce, to the extent practical, w the discharge of pollutants into water bodies by using Best Management Practices (BMP's). Compliance with NPDES permitting process requires storm water quality management to be considered during a project's planning phase and be implemented during construction.A SWPPP A would be prepared to identify structural and nonstructural controls using BMP's to avoid storm E water effluence. BMPS will include at a minimum that disturbed soils shall be watered at least " twice daily to ensure the control of fugitive dust escaping off-site and soils left bare or inactive for longer than thirty days shall be planted with ground cover or covered by approved means to `- assure no loss of topsoil. After construction of the buildings, erosion potential would be minimal LL e due to much of the disturbed area being covered by structures, hardscape (asphalt and m° sidewalks), and landscaping. The SWPPP would be approved by the City prior to issuance of d permits. c 0 Mitigation Measures: M a Mitigation Measure GS-1: x W 0 Prior to issuance of grading permits, the developer shall submit grading plans that incorporate the general earthwork and grading specifications for rough grading as set forth in the geotechnical reports for the project (see Draft EIR Appendix D). These include such `w measures as clearing and grubbing to remove all vegetation and any preexisting above E ground and underground structures; over excavating and recompacting soil; placement or disposal of oversized material; construction of cut or fill slopes; preliminary foundation a recommendation; and grading requirements for seismic considerations. Final recommendations shall be noted on all grading plans to be carried out by grading contractors, and monitored by the City of San Bernardino Building and Safety staff. r^ Highland Marketplace/Final EIR/CEQA Findings 30 6/142012 PacketPg. 946 Mitigation Measure GS-2: Prior to issuance of building permits, including permits for utilities, the developer shall submit development plans that incorporate the recommendations of the geotechnical report prepared by Moore Twining Associates, Inc., dated March 25, 2011 (Appendix D) for preliminary foundation work, utility trenching, and concrete slabs. These include specifications for concrete slabs and footings, temporary excavation for utilities,preliminary o pavement design, and protection offoundations from surface drainage. n 3 Findings: N fh Based on the whole record, this Commission finds that implementation of Mitigation Measures E GS-1 and GS-2 would ensure that impacts associated with geological and geotechnical hazards E would be less than significant pursuant to the significance criteria set forth by CEQA tZ 0 5. Hazards and Hazardous Materials m a 5a. Potential Significant Impact: a Impact HM-1: N The Proposed Project could create a significant hazard to the public or the environment through the routine transport, use, or disposal ofhazardous material. C c Facts: LL m c v The majority of the retail/commercial uses proposed on-site have a negligible potential to create l a significant hazard to the public or the environment due to the use of hazardous materials. 5 c However,minor commercial uses on-site may include a self-serve gas station which would result v in the transportation and distribution of ° p potentially hazardous petroleum fuel and related m products. Association with this use is the transport, storage,use, and handling of all hazardous or E 0 potentially hazardous materials. Storage and use of petroleum products on-site are regulated by = various governmental agencies within the State of California which require appropriate permits and monitoring and reporting to a number of agencies. a L >< Plans and fees for necessary applicable permits must be submitted, approved and issued by the c respective agencies prior to the City issuing a Certificate of Occupancy. In addition, all new automobile fueling stations, and related equipment must be constructed to the following standards: d E z • All tanks,piping and vent/vapor piping must be double-walled and contain leak detection 0 capability; • All piping and venting must be sloped back to the storage tank sumps to prevent discharge; Highland MarketplaceMnal EWCEQA Findings 31 6/14/2012 6.F.i • Each pump island must have a containment pan underneath them to prevent spilled fuel from escaping; • All secondary containment systems are required to be tested; • Best Available Containment Technology is a minimum requirement of the State Water Resources Control Board (as fueling stations age, they must be periodically updated to meet current requirements); and o • All equipment associated with underground storage tanks must be tested and approved by a a third party laboratory and meet all state and local requirements. U N N t+I Mitigation Measures E Mitigation Measure HM-1: n 0 Prior to issuance of occupancy permits for businesses that would use, store, or transport m hazardous materials, the Project Applicant shall submit detailed building plans showing where storage areas would be located and where use would occur, to City and County c agencies responsible for oversight and permitting such businesses. In conjunction with building plans the applicant shall propose a Business Plan Emergency Response Plan to be approved prior to occupancy. a Mitigation Measure HM-2: CAll proposed tenant improvements or change of business/occupancy applications shall require the submittal of detailed site plans indicating the location of hazardous material c storage areas. The Project Applicant shall concurrently submit a Business Plan Emergency c Response Plan to be approved prior to occupancy. 0 a v Findings: m E Based on the whole record, this Commission finds that implementation of Mitigation Measures x° HM-1 and HM-2, and requiring standard protocol for new automobile fueling stations would ensure that impacts associated with hazards and hazardous materials would be less than significant. t X W 0 5b. Potential Significant Impact: cK Impact HM-3: E Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, U or waste within 0.25 miles of an existing or proposed school. Facts: Due to past agricultural use at the Project Site, shallow soil may contain residual concentrations of various pesticides, herbicides, and/or insecticides. However, the residual pesticide Highland Marketplace/Final EIR/CEQA Findings 32 6114 2012 Packet Pg. 948 concentrations are expected to be low and would not pose a significant threat to human health or �. the environment. Residual pesticide concentrations, if any, would likely have been minimized by grading operations during the development of the previous land use (apartments), and further during the current proposed redevelopment grading. Site preparation and earthwork would require soils be brought to the Site. Mitigation Measures o Mitigation Measure HM-3: N If shallow soil is excavated and removed from the Site, representative samples shall be collected and analyzed to determine appropriate disposal options for the soil. Any required E investigation and/or remediation for the Site shall be supervised by the County of San 0 Bernardino Hazardous Materials Division. 4 Findings: a cv Based on the whole record, this Commission finds that implementation of Mitigation Measure HM-3 would ensure that in the event soils are removed and deposited off-site potential impacts would be reduced to a less than significant level. w a 6. Hydrology and Water Quality o N 6a. Potential Significant Impact: 'c u m Impact HWQ-2 v c IL The Proposed Project would place structures within a 100 year food hazard area that could e impede or redirect flood f ows. c m Facts: o According to Flood Insurance Rate Map (FIRM) Panel 7963H, small areas along the eastern and ? southern boundaries of the Project Site occur within the Zone X which is described as areas of 0.2% annual chance flood; areas of I%annual chance flood with average depths of less than one a foot or with drainage areas less than one square mile; and areas protected by levees from 1% w annual chance flood. According to the City's General Plan, Figure S-1, small areas along the $ eastern and southern boundaries of the Project Site occur within the 500-Year Flood Zone. The Preliminary Hydrology Report for the Proposed Project (Tait &Associates, Inc., August 9, Cc 2011)includes results from hydrologic calculations run for the 2-year, 10-year,25-year,and 100- E year events. The peak volume for the pre-development condition for the 100-year storm event ;g was calculated to be 5.48 acre-feet while the post development was calculated at 8.51 acre-feet. a The County of San Bernardino basin guidelines state that post-development peak flow rates should be less than 90% of the pre-development peak flow rates for all storm events. Based on these criteria, a basin with a volume of 3.33 acre-feet is required for the Proposed Project. The Highland Markelplace/Final Eat/CEQA Findings 33 6/142012 Packe£Pg. 949 project plans include 7.5 acres of the Project Site to be detained on-site and the total underground �. retention basins will have an approximate volume of 3.64 acre feet. Underground retention basins with drainage systems that include classified injector wells will be utilized to mitigate the Proposed Project's impacts on downstream properties. Proposed Project improvements include the widening of Highland Avenue at the north boundary of the Project Site, by approximately 12 feet creating an additional drainage area of 0.24 acres. This area will c drain to the existing 24-inch CMP that crosses Guthrie Street. The pre-development flow is 4.42 cubic feet per second (cfs) and the post-development peak flow is 5.17 cfs. The remaining capacity of the existing 24-inch CMP is 50%. The Proposed Project includes the reconstruction of the inlet to the existing pipe to accommodate the proposed street improvements. E Mitigation Measure HWQ-1 C M Prior to issuance of grading permits, the project proponent shall submit detailed drawings that would show the floor elevations of all proposed building and the designed storm water o control measures as described, to the Public Works Department for review and approval. The drawings shall demonstrate that the proposed elevations would be adequate to prevent any flooding of the structures in a 100 year flood event. v N_ a Findings: m r^ Based on the whole record, this Commission finds that upon review and approval of final storm LL water control measures, impacts to Hydrology and Water Quality would be less than significant. rn c v 7. Noise ` LL O 7a. Potential Significant Impact: o v Impact N0I-1 0 x Operational and temporary construction activities may expose residents in the immediate area to excessive noise levels exceeding the City's noise ordinance. This is a potentially significant impact. L w 0 N Facts: Potential noise impacts are divided into temporary and long term. Temporary impacts are E typically associated with noise generated by construction activities. Long-term impacts are divided into impacts on surrounding land uses generated by the Proposed Project and those impacts that occur at the Proposed Project site. Temporary Construction Impacts Highland Marketplace/Final RIR/CBQA Findings 34 6/14/2013 Packet Pg.950 The nearest sensitive land use is the existing residential land uses immediately west of the project. Potential construction operations may occur as close as 50 feet from the nearest residential buildings with the center of the site being approximately 500 feet. Based on a distance of 50 feet, the worst-case unmitigated peak(L..) construction noise levels may be 70 to 95 dBA at the nearest residence. However, as the construction move toward the center of the project site (i.e., 500 feet from homes), the I. noise levels would be approximately 50 to 75 dBA. The average noise levels (1,50) are typically 15 dB lower than the peak noise levels. Average noise o levels (1,50) at the nearest residence may be in the range of 55 to 80 dBA(1,50). CL 0 1 Two schools are located to the south of the project site. The Emmerton Elementary School and ,0 the Rodriquez Prep Academy are located south of East 20th Street. Potential construction operations may occur as close as 50 feet from the nearest school property boundary with the center of the site being at approximately 450 feet. Based on a distance of 50 feet, the worst-case unmitigated peak (L.,) construction noise levels may be 70 to 95 dBA at the nearest school 4 property boundary. However, as the construction is moved towards the center of the project site (i.e., 450 feet from schools), the L.. noise levels would be approximately 51 to 76 dBA. The a average noise levels (1,50) are typically 15 dB lower than the peak noise levels. Average noise levels(1,50) at the nearest residence may be in the range of 55 to 80 dBA (1,50). m Long-Term Off-Site Impact a Increased traffic caused by the project would result in an increased traffic noise levels along the roadways in the vicinity of the project. Traffic data was provided from the traffic analysis c S for the project(Draft Home Depot Traffic Impact Analysis," Fehr& Peers, August 12, LL 2011). The project itself would result in a very minor change in noise levels along all roadways 0 in the area. The increases caused by the project range from 0.1 to 0.9 dB, which would not be discernable. Therefore, the traffic generated by the project would not result in a significant impact. Cumulative CNEL traffic noise levels are projected to increase up to 2.9 dB over 0 existing conditions. The project contributes insignificantly to these levels. Therefore, is not m adding to the cumulative impact. E The proposed parking area would be a source of noise. Sensitive land uses near the project site = include residential uses to the west(50 feet) and schools buildings located to the south(less than M 150 feet from the parking area). Traffic associated with parking lots does not typically exceed n community noise standards. However, the instantaneous maximum sound levels generated by car x door slamming, engine start-up, alarm activation and car pass-bys may generate impacts to 0 residents. Tire squeal may also be a problem depending on the type of parking surface. The nearest residences, west of project, 50 feet from the proposed parking spaces, may experience a maximum noise level of approximately 70 dBA for car activity and up to 75 dBA for backup m beeper. The noise levels at the nearest school buildings would be approximately 10 dB less. E Therefore, peak noise levels at the school would be less than 65 dBA. Therefore, no impact m would occur. a Lone-Term On-Site Impacts The primary source of noise impacting the project site would be traffic on the 1-210. As shown in Figure 4.7-5 the noise levels at the project site are projected to range from slightly above 75 Highland Marketplace/Final EUUCEQA Findings 35 6/14/2012 PacketPg.951 CNEL to less than 65 CNEL. The highest noise level is at Pad 4 with a projected noise level of approximately 76 CNEL. For interior spaces to achieve 55 CNEL for commercial and retail uses, the outdoor-to-indoor noise attenuation provided by the building on Pad 4 needs to be at least 21 dB. Commercial buildings with standard construction typically achieve an outdoor to indoor noise reduction of between 20 to 25 dB. Therefore, the interior space for the building on Pad 4 would have an acceptable indoor noise environment without further building upgrades. All buildings for the project would achieve acceptable indoor noise levels without additional 4 building upgrades. Implementation of the following mitigation measure would reduce short term construction impacts to a less than significant level. N Mitigation Measures E Mitigation Measure N-1: M O Control of Construction Hours—All construction activities shall be limited to the allowable hours of 7:00 a.m. and 8:00 p.m. a c� 0 Findings: N Based on the whole record, this Commission finds that with implementation of mitigation measure N-1 will ensure that noise impacts would remain less than significant. m c 8. Traffic and Circulation rn c 8a. Potential Significant Impact: LL Impact TC-1: °o a The Proposed Project would increase vehicle trips, and impact the level of service along d arterial streets, highways and intersections. This would be a potentially significant impact. x0 n Facts: a L The Draft EIR was prepared based on the Draft Traffic Impact Analysis (TIA) dated August 12, w 2011. Subsequently, based on Caltrans' review of the Draft TIA, and as concurred by the City, ° the Applicant was requested to revise the traffic study to change the growth rate from 3% to 1.5% and to change the build-out year from 2030 to 2033; to reflect a more reasonable traffic forecast and to ensure a 20-year design life, respectively. The reduced growth rate resulted in a £ reduction in the level of impact for one of the intersections (Arden Avenue and Date Street) and subsequently the removal of Mitigation Measure TC-7. Additional Mitigation Measure TC-4 was revised to reflect the Final TIA. The Mitigation Monitoring and Reporting Program a (MMRP) for the Project was revised to reflect the removal of this mitigation measure and renumbering of subsequent measures within Section 4.8 Traffic of the EIR. Highland MarketplaceiFinal EIX/CEQA Findings 36 6/142012 The following facts, mitigation measures and findings are based on the Final TIA dated November 2011. Opening Year(2013)No Proiect Opening Year (2013) analyzes the intersection conditions with the addition of ambient growth 4 per year from the existing volumes to 2013. Opening Year (2013) also includes traffic from the previous 296 unit multi-family use. A 1.5% ambient growth per year was applied to the existing conditions volumes per comments received from Caltrans on the Draft TIA dated August 12, j 2011. As concluded in the analysis, most of the study intersections will continue to operate at LOS C or better,with the exception of the following two intersections: a M O • I-210 Eastbound Off Ramp/Highland Avenue — LOS D during the AM and PM peak hours; LOS E during the weekend peak hour o c� • I-210 Westbound On-Ramp/Arden Avenue/Highland Avenue — LOS D during the AM peak hour N Project Trip Generation v Project trip generation was calculated by applying standard trip generation rates, based on ITE's Trip Generation a Edition, 2008. Use of these rates is consistent with state of the practice u procedures for estimating traffic impacts. The Proposed Project includes the following c intersection improvements: LL • Highland Avenuell-210 eastbound off-ramp —The addition of a fourth southern leg to 0 the intersection forming a project-site driveway including the addition of a westbound a left-turn lane to provide access to the project site. E 0 • Highland Avenue/Arden Avenue—Addition of a second westbound left-turn lane. _ n • Arden Avenue/1-210 eastbound on-ramp—The addition of a fourth western leg to the t intersection forming a project-site driveway. w 0 W These referenced improvements were included in the "with project" conditions assessment. The Proposed Project would significantly impact the following intersections: E E • Sterling Avenue/Highland Avenue—Saturday Peak Hour v U • I-210 Eastbound Off-Ramp/Highland Avenue—AM and Saturday Peak Hour a • I-210 Westbound On-Ramp/Arden Avenue&Highland Avenue—Saturday Peak Hour At the request of Caltrans a queuing or traffic back-up assessment was prepared for the freeway ramp intersections being modified as part of the Proposed Project. Ramp queuing was assessed using Synchro version 6.14. The 95' percentile queue length is reported and compared against Highland Marketplace/Final EIWCEQA Findings 37 614 '012 PacketPg. 953 the available queue length measured from aerials or from the site plan. This information is provided to assist with the Caltrans encroachment permits and therefore only focuses on left-turn storage for Caltrans-controlled intersections. The results of the queuing assessment indicated that the following intersections will have insufficient queuing storage: • I-210 Eastbound Off-Ramp & Highland Avenue — Westbound Left-Tum exceeds available storage by 125' during the weekend peak hour. Queuing also exceeds storage o for the Northbound Left-Turn by 275' during the weekend peak hour. a • I-210 Westbound On-Ramp/Arden Avenue/Highland Avenue — Northbound Left- Li Turn exceeds available storage by 250' during the peak hours. Queuing also exceeds storage for the Westbound Left-Turn by 35' during the PM and weekend peak hours. • I-210 Eastbound On-Ramp/Arden Avenue — Southbound left-turn exceeds the tz E available storage by approximately75' during the PM and Saturday peak hours. o Additionally, the eastbound left-turn exceeds available storage by 13' during the weekend peak hour. Future Year Build-out(2033)Traffic Conditions A 1.5% annual growth rate was applied through year 2015, and a 0.85% growth rate was applied for years 2016 through 2033 to existing traffic counts to develop 2033 traffic volumes. A list of pending and approved projects was also used to determine the amount of traffic generated from related projects which were added to the traffic volumes. c Table D-5 compares the change in volume-to-capacity (V/C) ratios at intersections that operate at LOS C, D, E, or F to determine project impacts for AM peak hour, PM peak hour, and v Saturday (SAT) mid-day peak hour. As shown in Table D-5, the Proposed Project would significantly impact the following locations: 6 m v • Sterling Avenue/Highland Avenue—PM and Weekend Peak Hour £ • I-210 Eastbound Off-Ramp/Highland Avenue—PM and Weekend Peak Hour 0 I-210 Westbound On-Ramp/Arden Avenue & Highland Avenue — AM and PM Peak = M Hours • Arden Avenue/I-210 Eastbound On-Ramp—PM and Weekend Peak Hour z x W 0 N U C U E L U m a Highland Marketplace/Final EIR/CEQA Findings 38 6/14/2012 Packet Pg. 954� 6.F.i Table D-5 Impacts For Signalized Intersections Future Buildout 2033)With Project Allowable LOS No With A`,/C AM AV/C Project Project AM Intersection P AM AM AM (PM) (PM) AM (PM) (PM) [SAT] [SAT] SAT] [SAT] [SAT] a C 0.04 0.42 0.42 0.00 v 1.Del Rosa Dr&Highland Aver (C) (0.04) 0.66 0.67 0.01 N C 0.04 0.58 0.61 - 0.03 C 0.04 0.42 0.42 0.00 2. Sterling Ave&Highland Aver (D) (0.02) 0.63 0.66 0.03 E C [0.041 0.50 0.59 0.09 3. I-210 Eastbound Off-Ramp&Highland C 0.04 0.57 0.54 -0.03 0 Ave' (D) (0.02) 0.79 0.98 0.19 D J [0.021 0.80 0.89 0.09 0. 4.I-210 Westbound On-Ramp/Arden Ave D 0.02 0.69 0.76 0.07 �? Aver (D) (0.02) 0.74 0.80 0.06 0 &Highland Ave [Cl 0.04 0.62 0.66 0.04 m 5. I-210 Westbound Off-Ramps&Highland B w Aver (D) 0.02 0.93 0.95 0.02 C 0.04 0.82 0.85 0.03 a B m 6.Victoria Ave&Highland Aver (E) (0.01) 0.89 0.89 0.00 m C] full 0.79 0.74 -0.05 C 7.Arden Ave&Date St (C) N/A N/A N/A N/A c C ° c_ 8.Arden Ave&I-210 Eastbound On- B w (C) 0.04 0.43 0.52 0.09 0 Ramps [C] 0.04 0.38 0.49 0.11 m Notes: a) 1-V/C=Volume to Capacity ratio. Calculated using the Synchro 6 software package. E Shaded cells indicate where intersections operate at LOS A or B. _ Bold-Italicized type indicates project impact. Source.'Fehr d,Peers,2011. 9 Oueuing Assessment Year 2033 s w The results of the queuing assessment indicate that the following movements will have m insufficient queuing storage: c ru I-210 Eastbound Off-Ramp&Highland Avenue E U U A • Westbound Left-Turn-Weekend Peak Hour • Northbound Left-Turn-Weekend Peak Hour Westbound Left-Turn exceeds available storage by 90' during the weekend peak hour, which would queue back to the I-210 Westbound On-Ramp/Arden Highland Marketplace/Final ERUCEQA Findings 39 6/142012 6.F.i Avenue/Highland Avenue intersection. Queuing also exceeds storage for the Northbound Left-Turn by 275' during the weekend peak hour, which would interfere with operations inside the project site. The City of Highland and Caltrans are currently investigating construction of an interchange at Victoria Avenue that would service the casino and alleviate congestion at this intersection. i • Arden Avenue/Highland Avenue/I-210 Eastbound On-Ramp o • Eastbound Right-Turn—PM Peak Hour • Westbound Left-Turn—PM and Weekend Peak Hour E • Northbound Left-turn—AM and PM Peak Hours a M O Northbound Left-Turn exceeds available storage by 200' during the peak hours, which would queue through the I-210 Eastbound On-Ramp/Arden Avenue o intersection. Queuing also exceeds storage for the Westbound Left-Turn by 40' �? during the PM and weekend peak hour. m • I-210 Eastbound On-Ramp/Arden Avenue v o Eastbound Left-Tum—PM and Weekend Peak Hour m c O o Southbound Left-Tum—PM Peak Hour rn Operations would improve with optimized signal timings and signal coordination. The optimized timings would reduce the eastbound queue to less than 100". A u. signal interconnect with appropriate coordination timing plans would "meter" o southbound traffic from the upstream intersection such that queues would be o controlled and would not interfere with traffic operations. Additionally, the E phasing improvements identified in the mitigation measures would reduce the o southbound queue to approximately 145'. Z: M Implementation of the Proposed Project would result in potentially significant impacts at study L intersections. Therefore,the following mitigation measures are recommended to reduce impacts: w 0 N Mitigation Measures c Project Opening Year(2013) a E U v Mitigation Measure TC-1: Sterling Avenue/Highland Avenue (Weekend Peak Hour): The easthvest left-turn phasing shall be modified from protected phase to permitted/protected phasing. Intersection timing splits shall be optimized. Highland Marketplace/Final EWJCEQA Findings 40 6/142012 ' PacketPg.956 6.F.i Mitigation Measure TC-2: 1-210 Eastbound Off-Ramp at Highland Avenue (AM and Weekend Peak Hour): The applicant shall work with Caltrans staff to optimize intersection timing splits. Mitigation Measure TC-3: 0 1-210 Westbound On-Ramp/Arden Avenue at Highland Avenue (Weekend peak hour):The northbound middle-through lane shall be changed to a left-turn lane to increase left turn capacity per cycle. The current northbound right turn lane shall become a through/right- L) turn lane. As this is a Caltrans-controlled intersection, Caltrans shall be consulted for approving and implementing the identified improvements. E a Mitigation Measure TC4: c 1-210 Eastbound Off-Ramp at Highland Avenue (AM and Weekend Peak Hour: The o applicant shall work with Caltrans to optimize intersection timing splits and provide a northbound right-turn overlap phase. _m Future Year Build-out(2030) N 0 Mitigation Measure TC-5: m Sterling Avenue/Highland Avenue (PM and Weekend peak hour): The applicant shall \.. contribute a fair-share contribution to optimize signal timings by modifying the cycle length to 105 seconds and optimizing the phasing and timing parameters. v c LL Mitigation Measure TC 6: o. d 1-210 Westbound On-Ramp/Arden Avenue at Highland Avenue (AM peak hour): The ° applicant shall contribute a fair-share contribution to modem the northbound middle- c through lane to a left turn lane to increase left turn capacity per cycle. The current ? northbound right turn lane would be restriped as a through/right-turn lane. As this is a Caltrans-controlled intersection, Caltrans shall be consulted for approving the identified n modifications. x >< W 0 N N Mitigation Measure TC-7: c m 1-210 Eastbound On-Ramp at Arden Avenue (PM and Weekend peak hour): The E north/south left-turn phasing shall be modified from protected phase to permitted/protected phasing. As this is a Caltrans-controlled intersection, Caltrans shall 4 be consulted for approving and implementing the phasing modification. Note, it may not be appropriate to provide protected/permitted phasing to over 600 southbound left-turns at this location. Alternatively, a second southbound left-turn lane shall be required. Highland Marketplace/Final EIR/CEQA Findings 41 6/14/2012 �1 Fair Share Contributions: The applicant's payment of the City's Traffic Impact Fees v and contribution of fair-share contributions for cumulative traffic and circulation impacts of the project as set forth in Mitigation Measures TC-1, TC-5, TC-6, and TC-7 and shall be made a condition ofproject approval. ueuin m 0 Project Opening Year(2013) a 0 Mitigation Measure TC-8: N n I--210 Eastbound Off-Ramp & Highland Avenue, 1-210 Westbound On-Ramp/Arden Avenue/Highland Avenue, and I-210 Eastbound On-Ramp/Arden Avenue—The applicant C shall coordinate with Caltrans to provide a signal interconnect between the intersections o and coordinate them to coordinate the southbound, northbound, and southbound approaches and"hold"the queue at the upstream intersection,respectively. o Future Year Buildout(2030) Mitigation Measure TC-9: a I Arden Avenue/Highland Avenue/1-210 Eastbound On-Ramp Signals - Northbound Left- ,o Turn exceeds available storage by 210' — 375' during the peak hours, the Westbound Left-Tum exceeds available storage by 80' during the PM and weekend peak hour, and LL the Eastbound Right-Turn exceeds available storage by 130' — 330'. The applicant shall coordinate with Caltrans to provide a signal interconnect between the two intersections o and coordinate them to synchronize the northbound approaches and "hold" the queue at LL the upstream intersection and implement an eastbound right-turn overlap phase and o implement coordination through the corridor. c v Findings: o 0 Based on the whole record, this Commission finds with implementation of the proposed of mitigation measures and fair-share contributions toward circulation improvements, LOS a would be C or better which is determined to be less than significant. w 0 D.3 OTHER CEQA REQUIRED ANALYSIS IN THE EIR 1. CUMULATIVE IMPACT ANALYSIS a� E s California Environmental Quality Act (CEQA) Guidelines Section 15355 defines a cumulative impact as one that is created as a result of a combination of the proposed project together with other projects causing related impacts. The guidelines provide guidance concerning the format and content of a cumulative impact analysis by stating that an EIR shall discuss cumulative impacts of a project when its incremental effect is cumulatively considerable. The incremental effect is defined as a significant irreversible environmental change that would be involved if the proposed project should be implemented(CEQA Guidelines sections 15130(a)and 15165(c)). Highland Marketplace/Final ElR/CEQA Findings 42 6/14/2012 Packet Pg. 958 " 1� An adequate discussion of cumulative impacts should be based on either 1) a list of relevant past, present and reasonably anticipated future projects that would produce related or cumulative impacts,or 2) a summary of projections contained in the City of San Bernardino General Plan. A list of related projects which are pending, approved, or under construction was compiled by the City within an approximately three-mile radius of the Proposed Project site. This radius encompasses lands within the City of San Bernardino, the City of Highland, and unincorporated c areas of the County of San Bernardino. These projects are identified in Table D-6 below. a 0 Table D-6 Y N Cumulative Projects Ma Jurisdiction Location Description 1 City of San Bernardino Northeast comer of Waterman 450 units mixed-income residential,and E E Avenue and Olive Street 75-unit senior housing and a 60,000— 80,000 sq.ft.full service community O center 2 City of San Bernardino South side of Highland Avenue, 3-story 52,349 square-foot/100 rooms v. between Valaria Drive and hotel Robinson Road. o 3 City of San Bernardino 1910 E.Central Avenue. 951,000 sq.ft.warehouse building m 4 City of San Bernardino NEC of Highland Ave.&Boulder 40,631 sq ft expansion to existing Wal- Ave Mart retail 5 City of San Bernardino Rialto Avenue 800 feet east of 94 Dwelling Units co Ti canoe Avenue. 6 6 City of San Bernardino NEC of Sterling Ave.and 3rd 27,129 sq ft office and 19,943 sq ft S Street. industrial a c 7 City of San Bernardino i 1955 E.Marshall Avenue 11,000 s .ft.office building`a c The three-mile radius is an approximate area defined to identify other projects that are a interrelated and share direct and indirect impacts both individually and cumulatively. However o some cumulative analyses such as biology and air quality are assessed and analyzed on a o regional level. Potential Cumulative Impacts for Air Quality, Greenhouse Gasses, and Traffic are £ analyzed on both a project and cumulative basis. x° The combined cumulative projects include 448 residential lots and approximately 596,515 square feet of commercial space, 1,116,317 square feet of manufacturing and warehouse space, t 12,556 square feet of office space, and 878,758 square feet of industrial space not including the w Proposed Project of approximately 107,979 square-feet of commercial uses. There were other H past, present, and probable future projects within the 3-mile radius that are not included in the table for analysis, either due to the small scale of the project or the type of land use would not have added to any cumulative impacts. E U Cumulative Impacts Considered to be Less than Significant a Aesthetics. Views along Arden Avenue and for residents located on the east side of Arden Avenue would not be significantly changed with implementation of the Proposed Project. Appropriate setbacks and landscaping for the Proposed Project and cumulative projects would provide a buffer to minimize visual impacts. Given the location of the Project Site along Highland MarketplacelFinal EIX/CEQA Findings 43 6/14/2012 Highland Avenue (a viable commercial corridor), freeway access and visibility, the Proposed Project would not appear out of place and would redevelop a once blight site to an aesthetically pleasing neighborhood retail center.None of the other cumulative projects are commercial retail, however a hotel is proposed(Cumulative Project No. 2) along the south side of Highland Avenue east of the Project Site. Cumulatively, aesthetic benefits to the Highland Avenue Corridor would result from these projects. 0 The impact of nighttime lighting depends on the proximity of sensitive receptors, intensity of the new light sources, and existing ambient lighting combined. Sensitive receptors located in the vicinity of the Project Site include multi-family residential development immediately west of the Project Site boundary, residential development to the east of the Project Site across Arden Avenue, and two schools located just south of the Project Site. Existing nighttime illumination sources include street lights along Highland Avenue and Arden Avenue, security lighting in the residential development areas, traffic signals, surrounding commercial development lighting, and 4 glow from vehicle traffic along Highland Avenue, Arden Avenue and I-210. While the Proposed Project could involve nighttime activities such as late night operation of the drive-thm facilities a and gas station that would result in new sources of light, substantial nighttime lighting in the 0. surrounding areas of the Project Site already exist. Addition of new sources of permanent light and glare as a result of implementation of the Proposed Project would not significantly increase ambient lighting in the project vicinity. Air Ouality. Potential Cumulative Impacts related to Air Quality are analyzed on both a project ,o and cumulative basis simultaneously. The Draft EIR Section 4.2 analysis the potential Air Quality impacts associated with the Proposed Project. This Draft EIR Section identifies that only E construction related air emissions will exceed the established threshold levels and that these emissions can effectively be reduced to less than significant levels with implementation of Mitigation Measures AQ-1, 2, and 3. Operational air quality emissions are not anticipated to a exceed established air quality thresholds and no project related mitigation is required. The Draft e EIR Section 4.2 demonstrates that with implementation of Mitigation Measures AQ-1, 2, and 3 0 the potential impacts to Air Quality both individually and cumulatively would be reduced to a d less than significant level. c x Biological Resources. The project site does not contain suitable habitat for any rare, threatened ^ or endangered species. Other projects in the vicinity would incrementally increase the use of a currently undeveloped land that could potentially be used by various wildlife species, including w rare, threatened or endangered species. However, the City of San Bernardino is largely °w developed with urban uses and most of the cumulative project sites are already surrounded by development. In addition, project specific mitigation measures for other proposed development within the region would ensure that impacts to biological resources are mitigated. Therefore, E cumulative impact to biological resources would not be considered significant. A Cultural Resources. The results of the Phase I Cultural Resource Investigation conducted to a address potential cultural, paleontological and archeological impacts for the Proposed Project indicate that the no resources were discovered on the Project Site and the archaeological sensitivity of the project area is considered to be low. According to the City of San Bernardino General Plan Update and Associated Specific Plans Draft EIR (Figure 5.4-2 Archaeological Highland Marketplace/Final EIWCEQA Findings 44 614,'012 Packet Pg. 960 Sensitivities), neither the Project Site nor the cumulative projects identified on Table 5-1 are located in a designated area of concern for Archaeological Resources or in an Urban Archaeological District containing Historical Archaeological Resources. The cumulative projects identified on Table D-6, would all be required to assess their individual impact upon cultural resources. Since the Project Site does not contain cultural resources the project would not contribute to cumulative impacts relating to cultural, paleontological and archeological resources. o Geology and Soils. According to the geotechnical reports prepared for the Project Site,no known CL active or potentially active faults pass through the project site. The Proposed Project lies outside U of any Alquist Priolo Special Studies Zone and the potential for damage due to direct fault rupture is considered remote. Impacts associated with geology and soils would be site-specific E and are either less than significant or can be reduced to less than significant with implementation of the recommended mitigation measures. Regionally, the cumulative projects identified on o Table D-6 could attract an increase in the number of people to an area exposed to potential effects related to geology and soils. However, potentially adverse environmental effects are o required to be addressed within the Uniform Building Code. Adherence to the UBC will reduce the potential cumulative impact to less than significant. Therefore, cumulative impacts are considered to be less than significant. N Hazards and Hazardous Materials. The Proposed Project would store, use and dispose of v hazardous materials typical of commercial uses and service stations. Certain projects in o Table 5-1 include uses that may support industrial and warehousing activities. The transport, use, MC �". storage and disposal of hazardous materials would increase incrementally as development LL �►/ continues in the area. However, the Proposed Project and related projects (other than residential) are regulated by local, state and federal agencies for hazardous materials, and must show proof of compliance with all applicable regulations relating to the routine transport, use, or disposal of S hazardous materials. Compliance with these regulations would result in cumulatively less than c significant impact. c a Hydrology and Water Quality. Development of other projects would result in an increase in c impervious surfaces and increase runoff from these sites into the local and regional storm drain ? systems. In addition, urban pollutants associated with parking lots, roads, and landscaping, ^ combine with stormwater that ultimately ends up in major watercourses flowing through the City B of San Bernardino. Stormwater requirements administered by the Santa Ana Regional Water w Quality Control Board (RWQCB) require individual projects to employ Best Management y Practices (BMPs) to control urban runoff from each site during construction. The RWQCB is also responsible for reviewing each project's Water Quality Management Plan (WQMP) for long-term operation and issuing the Waste Discharge Requirements for each project. In addition, E individual business owners may also be required to submit Water Quality Management Plans and be issued Waste Discharge Requirements by the RWQCB on an individual basis within larger development projects. Employing BMPs that reduce the potential for storm water discharges to affect water quality have been proven successful when implemented at construction projects. Therefore, this impact would not be cumulatively significant. Highland MarkMlace final EQUCEQA Findings 45 6/14/2012 Noise. Noise sources associated with the Proposed Project are related to: 1) introduction of new �.. uses to an existing underdeveloped area; and 2) vehicle trips that when combined with traffic generated by other related projects would increase the ambient noise levels in the vicinity. The Draft EIR Section 4.7 discusses both project-specific traffic noise increases as well as cumulative traffic noise increases. The noise analysis shows that the project itself would result in a very minor change in noise levels along all roadways in the area. The increases caused by the project range from 0.1 to 0.9 dB, which would not be discernible. Therefore, the traffic generated by the 4 project would not result in a significant impact. Draft EIR Section 4.7 also shows that cumulative CNEL traffic noise levels are projected to increase up to 2.9 dB over existing conditions. The project contributes insignificantly to these levels. Therefore, is not adding to the cumulative ,L) N impact. � The noise levels along Highland Avenue,Del Rosa Drive and Sterling Avenue would continue to be high and would increase over existing levels. However, the increase in traffic noise is due to 4 general development in the area, and the Proposed Project would not contribute significantly to this increase. The noise from the 1-210 would continue to dominate the noise at the Project Site. a Most of the noise increase that would occur along roadways in the vicinity of the Proposed Project would be due to the regional growth in traffic that would occur independently of the j project itself. Therefore, increases in ambient noise in the area could be cumulatively significant. a However, the minimization of noise impacts can occur with appropriate project design; both to alleviate noise generation from the project and to alleviate noise impacts to sensitive receptors. Noise barriers would be constructed for all schools, residential areas, and parks that could be © impacted by traffic noise from any cumulative projects. Compliance with appropriate City and/or LL County noise standards, and project-specific mitigation measures if required for any cumulative projects,would result in less than significant cumulative noise related impacts. E c LL Traffic and Circulati on. The City of San Bernardino General Plan designates land uses to all c areas of the City. The 2030 traffic model includes the zoning for each area of the City and those C projects known at the time the traffic model is developed. Mitigation measures in the form of m street improvements, internal parking and roadway design, and signals are listed to achieve c acceptable levels of service. The City of San Bernardino requires the payment of traffic fees for = off-site improvements. a The Draft EIR Section 4.8 concludes that with the improvements on the following intersections, w potentially significant traffic impacts on a project-related and cumulative basis would be reduced q to a less than significant level: c • I-210 Eastbound Off-Ramp at Highland Avenue E • 1-210 Westbound On-Ramp/Arden Avenue at Highland Avenue, t u • Sterling Avenue/Highland Avenue • I-210 Eastbound On-Ramp at Arden Avenue Based upon implementation of the proposed improvements/mitigation measures TC-1 through TC-9, the incremental impacts from the Proposed Project in conjunction with the listed Highland Marketplace/Final EE2/CEQA Findings 46 6/14/2012 PacketPg. 962 cumulative projects and overall growth, would not contribute to significant cumulative impacts to traffic. Greenhouse Gases. The Draft EIR Section 4.9 analyses the potential impacts of Greenhouse Gases (GHG) on a regional/cumulative basis. As discussed in this Draft EIR Section,increases in GHG emissions from the Proposed Project when considered in conjunction with the Project Site's previous land use would be below SCAQMD's 3,000 MTCO2e/yr. threshold of o significance and concludes that there are no issues associated with greenhouse gas emissions that have the potential for resulting in significant cumulative impacts. Therefore, the Proposed Project's contribution to this impact is considered to be less than cumulatively considerable N rn W Economic Imnact—Urban Decay. As identified in the Draft EIR Section 4.10, there are 38 stores E in the categories of Home Improvement, Hardware Paint Lumber and Electrical Supplies stores o t that were included within the Competitive Retail Supply Area (CRSA) defined for the Retail «o 9 Impact Study prepared for the Proposed Project. Seventeen(17)of these stores are within 5 miles of the Proposed Project's Home Depot. Another 12 stores are identified as within 5 to 10 miles, a and the 9 remaining stores are more than 10 miles away from the proposed store. The farthest j store from the Project Site and within the CRSA and is located almost 22 miles away in the City of Big Bear Lake. °r I While it is possible that individual stores may experience either greater or lesser sales per square foot impacts than the averages shown for various distance bands from the Proposed Project's Home Depot store, it is projected that the sales per square foot trends, in conjunction with increases and decreases in the competitive retail supply,would not likely result in substantial and LL `y persistent increases in commercial vacancies that would result in Urban Decay. The cumulative project do not include any commercial uses within the categories of Home Improvement, E Hardware, Paint, Lumber and Electrical Supplies. Therefore, cumulative impacts to urban decay E as a result of the Proposed Project including a Home Depot store would not occur. c CL 0 When considering the Proposed Project, in conjunction with the other proposed or reasonably in foreseeable projects as identified in Table 5-1, the level of significance of projected-related c impacts would not incrementally increase for any environmental resource areas.No cumulatively ? significant impacts would occur. Z Potentially Significant Cumulative Impacts w 0 The proposed Highland Marketplace project, in conjunction with other related projects identified 0 in Table D-6 would not result in any significant cumulative impacts. All potential areas of concern as discussed above can be mitigated to a less than significant impact with E implementation of mitigation measures. m x Findings: The Commission finds that the project in conjunction with future development of adjacent areas would not have a cumulative effect on any of the following issues: Aesthetics, Cultural Resources, Air Quality, Hazards and Hazardous Materials, Geology and Soils, Hydrology and Highland MarkerplaceMnal EIR/CEQA Findings 47 6/142012 © Water Quality, Noise, Traffic and Circulation, Greenhouse Gas, and Economic Impact— Urban Decay. Project impacts can be mitigated to a less than significant level with implementation of project design features, conditions of approval, and mitigation measures. 2. GROWTH INDUCING IMPACTS CEQA Guidelines Section 15126.2(d) requires an evaluation of growth inducing impacts that o may result from a proposed project. Growth inducing impacts can occur when a proposed project 3 places additional stress on a community by directly inducing economic or population growth that would lead to construction of new development projects in the same area as the project. A m project would also be considered growth inducing if it removes obstacles to growth such as E building a road to an undeveloped area, constructing a wastewater treatment plant or extending a F sewer line that would provide additional capacity and thus allow new development in the area. o The Project Site is located within an urbanized area of the City and was previously developed o with multi-family residential units. All public services and utilities were provided to the development and active until the buildings were demolished. Certain infrastructure and utilities remains on-site or adjacent to the site and available for connection. The Proposed Project's demand for public services and utilities is expected to be less than what the demands of the H 296 residential units were. v Although the Proposed Project would generate additional jobs during the construction and c operation periods, it is expected that those jobs can be filled by the existing labor force in the r area. The Proposed Project does not provide infrastructure such as water systems, energy generation, sewer systems, schools, public services, or transportation improvements that could a potentially support increased growth in the region. No housing is included as a part of the LL Proposed Project. The project is not growth inducing and meets the City's General Plan o designation and policies. o v 3. SIGNIFICANT IRREVERSIBLE ENVIRONMENTAL CHANGES WHICH WOULD 0 BE CAUSED BY THE PROPOSED PROJECT SHOULD IT BE IMPLEMENTED = M CEQA Guidelines Section 15126.2(c) states significant irreversible environmental changes to E nonrenewable resources which would be caused by the proposed project should it be w implemented must be addressed. No significant irreversible environmental changes to H nonrenewable resources are expected. Development of the Highland Marketplace would be in accordance with all applicable building and development code requirements for energy savings such as insulation of buildings and energy-efficient lighting (as feasible), heating and cooling E systems installed with timers, and other energy saving devices. Landscaping with drought tolerant plants and water conservation devices would also be designed into the project. ° a The proposed Highland Marketplace contains a number of development standards to reduce dependence on non-renewable resources and encourage alternative ways to heat and cool the buildings and to conserve water. Highland Muketplace/Final Ead/CEQA Findings 48 6i 14'2012 Packet Pg:964 Potential Urban Decay As identified in the Draft EIR Section 4.10, there are 38 stores in the categories of Home improvement, Hardware, Paint, Lumber and Electrical Supplies stores that were included within the Competitive Retail Supply Area(CRSA) defined for the Retail Impact Study prepared for the Proposed Project. Seventeen (17) of these stores are within 5 miles of the Proposed Project's Home Depot. Another 12 stores are identified as within 5 to 10 miles, and the 9 remaining stores q are more than 10 miles away from the proposed store. The farthest store from the Project Site a and within the CRSA and is located almost 22 miles away in the City of Big Bear Lake. N N While it is possible that individual stores may experience either greater or lesser sales per square foot impacts than the averages shown for various distance bands from the Proposed Project's £ Home Depot store, it is projected that the sales per square foot trends, in conjunction with increases and decreases in the competitive retail supply, would not likely result in substantial and c persistent increases in commercial vacancies that would result in Urban Decay. Therefore, significant impacts to urban decay as a result of the Proposed Project including a Home Depot ca store would not occur. 0 m E. ALTERNATIVES TO THE PROJECT N CEQA Guidelines Section 15126.6 describes the consideration and discussion of alternatives to a proposed project. The Guidelines state that an EIR shall describe a range of reasonable alternatives to the project, or the location of the project, which would feasibly obtain most of the 1 Q basic objectives of the project but avoid or substantially lessen any of the significant effects of the project and evaluate the comparative merits of the alternatives. An EIR does not need to consider every conceivable alternative to the project, but must consider a range of reasonable alternatives that would facilitate informed decision making and public participation. u 0 a The range of alternatives is governed by the "rule of reason", thus the EIR need only evaluate o those alternatives necessary to permit a reasoned choice. Alternatives should be limited to only E those that would avoid or substantially lessen any significant effects of the project. Also, an EIR x° should not consider alternatives with effects that cannot be reasonably ascertained and whose implementation is remote and speculative. a L CEQA also requires that an alternatives evaluation include sufficient information about each W alternative to allow meaningful evaluation, analysis and comparison with the Proposed Project y (CEQA 15126.6(d)). The analysis should identify aspects of the alternative that "substantially Ir lessen any significant effects of the project" (CEQA 15126.6(b)). The following section presents a series of project alternatives considered, evaluated and/or rejected for the Proposed Project. E The alternatives were developed based on issues identified in the Initial Study, comments received during circulation of the Notice of Preparation (NOP) and recommendation of Lead Agency staff. However is it noted that all potentially significant impacts associated with the Proposed Project are reduced to less than significant levels with mitigation; these are in the areas of air quality, geologic hazards, hazardous materials, flooding hazards and water quality, noise, and traffic. There are no areas of potential environmental impact that remain significant after mitigation. Highland Marketplace/Final EIWCEQA Findings 49 6/142012 PacketPg:965 The following alternatives to the Proposed Project are evaluated in Section 63: • No-Project/No-Development Alternative • Location Alternative • Reduced Project Alternative 0 The Environmentally Superior Alternative will be selected from among these alternatives and the Proposed Project. An alternative that is environmentally superior would result in the fewest or least significant environmental impacts and still be able to achieve the objectives of the planning r effort. m E The analysis of alternatives includes the assumption that all applicable mitigation measures n associated with the Proposed Project would be implemented as appropriate for each of the a alternatives. However, applicable mitigation measures may be scaled to reduce or avoid the potential impacts of the alternative under consideration and may not precisely match those identified for the proposed project. 0 0 E.1 ALTERNATIVES CONSIDERED AND REJECTED AS INFEASIBLE N In determining whether an alternative scenario could meet the project goals and reduce impacts, v the following alternatives were considered and rejected: m c Q a) Build-out Under the Existing Zoning Alternative: The Project Site is currently zoned as LL Public Commercial Recreation (PCR) which allows for commercial stadiums/sporting facilities, various other entertainment uses and open space. Under this alternative, the c Project Site could be developed with commercial stadiums/sporting facilities such as a LL soccer field, golf course, miniature golf course, or batting cage facility. Maximum floor a area ratio or other development standards are not listed for the PCR land use o designation, however structures in the PCR zone are required to be incidental to a E primary use and sited to complement the surrounding area. This alternative would yield x° less impacts for air quality, hazard potential and traffic than the Proposed Project. However, the alternative would not meet the Project's objective of broadening the City's economic base by establishing new commercial uses to the area, and providing a a L conveniently located Neighborhood Retail Center that will reduce trips from residents' w homes to more distant shopping areas. Therefore, this alternative was rejected. y m b) Residential Development Alternative: Under this alternative, the Project Site would be developed with a multi family residential project. The development of residential uses E would require that the General Plan Land Use and Zoning designations for the site be L U changed from Public/Commercial Recreation (PRC) to Residential Medium (RM) (14 x dwelling units per acre, 14,400 minimum lot size). This alternative would provide for the a construction of approximately 238 dwelling units on the 17.37-acre site. Although a residential use would result in a reduced level of impacts in the areas of hazard potential, traffic, noise, and air quality, the City has invested substantial time and energy into removing the previous residential development. The City is not seeking to develop the Highland Marketplace)Final EIR/CEQA Findings 50 6 14 101 1 Packet Pg.966 © Project Site again as residential, and therefore this alternative was rejected from further consideration. E.2 SELECTION OF ALTERNATIVES TO BE CONSIDERED IN THE EIR The environmental analyses in Chapter 4.0 of the EIR concludes that project impacts would be less than significant or could be mitigated to less than significant with mitigation for all issues. o Three alternatives were evaluated as alternatives to the proposed project. These are: • No Project/No Development Alternative: Continuation of the Proposed Project site in its current vacant condition. E a tZ • Alternative Site Location: There are a number of sites in the general vicinity that may c be developed into a commercial shopping center. This alternative evaluates a property located at the southwest comer of Highland Avenue and Central Avenue (approximately o one-mile east of the Project Site). The Alternative Site is approximately 33.36 acres in �? size and is vacant with the exception of a parking lot on the northwest comer. The alternate site is zoned General Commercial (CG-1), and is traversed by an inactive Santa Fe Railroad right-of-way. The property to the west is within the City of Highland and is N zoned General Commercial (GC), and properties to the north, east and south are within the City of San Bernardino and are zoned Public Facilities (PF), Residential Medium (RM) and Residential Suburban (RS), respectively. The Proposed Project would be C, consistent with existing commercial zoning at the Alternative Site location. a rn c • Reduced Scale Alternative: This alternative would reduce the project as proposed by eliminating one or more uses, or by reducing the size of one or more of the proposed LL uses. Reducing the size of one or more of the Major tenant buildings could reduce the a economic feasibility of the project since by definition the grocery and home improvement o stores must be of a certain size to accommodate their inventory and be financially E feasible. Therefore,reducing other uses on-site would be more realistic and feasible. _ E.3 Findings Regarding Alternatives Considered in the EIR " a s No-Project/No-Development Alternative w 0 N Under this alternative, the Proposed Project would not be developed. The existing 17.37 acres would remain vacant and unchanged. E E Aesthetics u A The project currently consists of vacant land surrounded by commercial, institutional and residential uses. The No Project/No Development Alternative would not have an impact on aesthetics and visual quality in the sense that no changes in the characteristics of the property would occur. Highland Marketplwe/Final EIR/CEQA Findings 51 6/14/2012 -' Packet Pg. 967 Air Quality Under this Alternative, structures and parking lots would not be constructed; therefore, construction related air quality impacts would not be created. Operation emissions from on-site activities and from new vehicle trips would not occur, therefore,the No Project/No Development Alternative would have no impacts to air quality. Impacts would therefore be less than those associated with the Proposed Project, however the Proposed Project's impacts are reduced to a c level of less than significant with mitigation. o. 3 Cultural Resources N M The records search prepared as part of the Cultural Resource Assessment identified two recorded resources: CA-SBR-6847H is the Atchison, Topeka and Santa Fe Railroad alignment and is located north of the project area, P1062-911 is a reference to the "pending" location and o identification of resources associated with the Patton State Hospital dairy farming activities to the east of the Project Site. The report concluded that neither site would be impacted as a result o of the Proposed Project. The No Project/No Development Alternative would not result in development of the site and the nearby cultural resources would not be impacted. Geology and Soils N Under the No Project/No Development Alternative, no grading or any other soil disturbing activiti es would occur that could result in soil erosion or runoff. Therefore, existing geologic conditions would remain unchanged and impacts would be less as compared to the Proposed u Project. Hazardous and Hazardous Materials w 0 Under this alternative, no commercial uses would be developed and therefore impacts from the o transportation or storage of hazardous materials would not occur. Impacts would be less than the „ Proposed Project, although potentially significant impacts are reduced to less than significant levels with mitigation. Hydrology and Water Quality L W This Alternative would not result in construction or an increase in impervious surfaces and the y potential increase in urban pollutants such as oil and grease. Stormwater runoff would remain unchanged, and no new sources of urban pollutants would be generated. c v E Noise L u m The No ProjecVNo Development Alternative would not result in a new source of noise, as conditions would remain unchanged. Impacts would be less than those associated with the Proposed Project although the Proposed Project's impacts are reduced to a level of less than significant with mitigation. Highland Marketplace/Final EWCEQA Findings 52 6/14/2012 Traffic and Circulation Under this alternative, new land uses are not proposed and therefore, additional vehicle trips would not be generated as conditions would remain unchanged. Impacts would be less than those associated with the Proposed Project, however the Proposed Project's impacts are reduced to a level of less than significant with mitigation. m 0 Greenhouse Gases/Climate Change n Under this Alternative, operation emissions from on-site activities and from new vehicle trips would not occur, therefore, the No Project/No Development Alternative would have no impacts to greenhouse gases/climate change. Impacts would be less than those associated with the Proposed Project which are less than significant. F M O Economic Impact—Urban Decav m a Under this Alternative, there would be no neighborhood commercial center and no home improvement store would be developed. While there have been declines in Building Materials and Home Improvement sales in recent years in the overall market area studied, there have also been decreases in the supply with the closing of the Lowe's Home Improvement store at the end N of 2010 and, a Home Depot store located near the intersection of Interstate 215 and Highway 159 in San Bernardino is expected to close when its lease expires in early 2014. Without a detailed economic impact study it can only be projected that existing home improvement stores would benefit as a result of this alternative. Therefore, this alternative would result in no impact to a urban decay as compared to a less than significant impact with implementation of the Proposed rn Project. 'c v c LL Findings: o d Based on the whole record, this Commission concurs that the No-ProjecdNo-Development Alternative results in no significant impacts because no development would occur. Therefore it o is considered to be an environmentally superior alternative. However, the No-Project/No- _ Development Alternative would not meet any of the project objectives. M .2 Alternative Site Location x W 0 This alternative evaluates a property located at the southwest comer of Highland Avenue and Central Avenue (approximately one mile east of the Project Site). The Alternative Site is approximately 33.36 acres in size and is vacant with the exception of a carpool parking lot on the northwest comer. This site was previously developed with auxiliary facilities (boiler, laundry, s wastewater treatment plant, and farm) of Patton State Hospital and has been vacant for at least m four decades. During the 1980's the site was proposed for development of a headquarters facility a for the East Valley Water District(EV WD) and during the 1990's, the site was proposed for the development of a golf resort with driving range and putting green. There are currently no applications for development of the site which is comprised of four parcels; two of which are owned by EV WD and the two larger of which are owned by Pine Mountain Development. Highland Marketplace/Final EIR/CEQA Findings 53 6/142012 '.Packet Pg.969 1 i The alternate site is zoned General Commercial (CG-1) and is traversed by an inactive Santa Fe Railroad right-of-way. The property to the west is within the City of Highland and is zoned General Commercial (GC), and properties to the north, east and south are within the City of San Bernardino and are zoned Public Facilities (PF), Residential Medium (RM) and Residential Suburban (RS), respectively. The site is directly across Highland Avenue from the Patton State Hospital; west of a new senior housing complex and multi-family housing units; and east of a restaurant, abandoned commercial building, and multi-family housing units. The Proposed 4 Project would be consistent with existing commercial zoning at the Alternative Site location. For this alternative, only 17.39 acres of the 33.36-acre Alternative Site would be developed. U H Aesthetics and Visual Quality The Alternative Site, since it is greater in size than the Project Site, would allow for the Project E to be developed as proposed. Under this alternative, impacts to Aesthetics and Visual Quality , would be similar to those evaluated for the Proposed Project as there are adjacent sensitive 4 receptors (residential development) to the east and west of the Alternative Site, and Patton State o Hospital to the north of the site across Highland Avenue. Development at the alternative site t7 would also be subject to a photometric plan that would minimize on-site lighting to the extent feasible and avoid any light spill-over onto surrounding properties. Impacts would be less than r° significant. N Air Quality b R © Estimated construction emissions for the Proposed Project are expected to be less than LL significant upon implementation of mitigation measures AQ-1 through AQ-3. Since the rn Alternative Site Location would develop only 17.39 acres of the 33.36 acre site the construction ` 9 emissions associated with this Alternative would be the same as the Proposed Project. Since E proposed uses and daily traffic trips would be the same, estimated operational emissions are LL c expected to be less than significant for both the Proposed Project and this Alternative. Under this d alternative, construction emissions would be similar to those identified for the Proposed Project and would require mitigation to reduce impacts to a less than significant level. Cumulative E 0 impacts for both the Proposed Project and this alternative would be reduced to a less than = significant level with implementation of mitigation measures. c+ a Cultural Resources z X w 0 The records search for the Project Site indicated that between 1973 and 2005 a minimum of nine cultural resource investigations were completed within one-half mile of the Proposed Project site (see Table 4.3-1). The records search identified two recorded resources: the Atchison, Topeka and Santa Fe Railroad alignment, and resources associated with the Patton State Hospital dairy E farming activities; both of these sites occur on the Alternative Location property. z A Phase II site evaluation program would be required to formally assess the significance of these historic resources sites. The development of the alternate site would be required to adequately record these resources before any site disturbance. Prior to mitigation, impacts to cultural (� resources would be greater for this Alternative than the Proposed Project location. Highland Marke place/Final Ela/CEQA Findings 54 6/14/2012 Geology and Soils The Project Site and Alternative Site are both relatively flat and not located in areas prone to land or mudslides. Both sites do not occur within areas that are susceptible to liquefaction and/or ground subsidence, as shown in Figures S-5 and S-6 of the City's General Plan. Soils at the Project Site exhibit moderate to high compressibility characteristics, low collapse potential, low c shear strength, and very low expansion potential. A geotechnical report would need to be prepared for the Alternative Site to test for expansive soils and other soil characteristics. U Based on the Home Improvement Store finished floor elevation at the proposed Project Site of 1,218 feet amsl listed on the site plan and the current elevation within the building pad area (about 1,207 to 1,224 feet amsl) cuts up to about five feet and fills of up to about ten feet are F anticipated to achieve the proposed building pad subgrade elevation. Based on a finished surface M elevation of 1,220 feet amsl for Major 1 listed on the site plan provided and the current c elevations within the Major 1 building pad area (about 1,220 to 1,230 feet amsl), cuts of up to a about ten feet are anticipated to achieve the proposed Major I building pad subgrade elevation. 0 Since the Alternative Site location exhibits similar elevations (approximately 1280 near the northern boundary and 1240 at the southern boundary), the Alternative Site would require similar w cut and fill activities to achieve proposed grades. Grading and earth work activities would increase the risk for soil erosion and site stability. Similar impacts would occur to geology and soils at the Alternative Site as compared to the Proposed Project Site, and all impacts would be 'm mitigated to a less than significant level. S N iT Hazards and Hazardous Materials c The majority of the retail/commercial uses proposed for the Proposed Project have a negligible o potential to create a significant hazard to the public or the environment due to the use of m hazardous materials. Associated with the home improvement store use is the transport, storage, ° use, and handling of hazardous or potentially hazardous materials. The Home Depot may be o required to maintain a Certified Unified Program Agencies Plan and comply with State and local = regulations regarding the use and storage of any regulated materials. n a Other uses on-site may include a gas station which would result in the transportation and w distribution of potentially hazardous petroleum fuel and related products. Storage and use of C petroleum products on-site are regulated by various governmental agencies which require appropriate permits and monitoring and reporting to a number of agencies. Control of vapors associated with fueling stations is accomplished by state of the art pumps and nozzles. The d station operator would be required to comply with all SCAQMD rules and regulations for E operation of an automotive fueling station. These systems would be in place and tested prior to m Certificate of Occupancy and commencement of operation of the fuel dispensing systems at both R the Project Site and Alternative Site. Compliance with applicable State and SCAQMD rules and regulations would reduce the potential release of, or exposure to hazardous emissions to a less than significant level. Highland Macketplace/Final Eat/CEQA Findings 55 6/14/2012 Packet Pg. 971 �^ There are two schools that occur within '/.-mile of the Project Site, both within the San Bernardino Unified School District. Although the Alternative Site is not located adjacent to any schools, there are still sensitive receptors (residential development to the east and west, and Patton State Hospital to the north,resulting in impacts being similar to the Project Site. Although this Alternative Site was previously identified (Converse Consultants Inland Empire, July 1990. Executive Summary — Preliminary Findings of Site Survey EVWD Administration o Expansion Site) with sources of potential hazardous materials including the abandoned laundry facility potentially containing asbestos and lead paint, impacted soils from the old Patton wastewater treatment plant and sludge drying beds, the old Patton incinerator potentially n containing remains of medical waste, and the abandoned pig farm potentially containing asbestos and contaminated effluent from the slaughter house, remediation of the site was completed. Remediation included removal of impacted soil and demolition/removal of all remaining a structures and their contents. Development of the Proposed Project at the Alternative Site would M result in transportation or storage of hazardous materials, which would be reduced to a less than q significant level with mitigation as listed for the Proposed Project. Therefore, impacts are anticipated to be similar to the Proposed Project. t� 0 I �- N fD I � C LL N C D C LL O CL d D m E 0 x a L X W O N tU K C d L U N Q Highland MuketplaceJFinal EIX/CEQA Findings 1(1 6/14/2012 Packet Pg. 972 i Hydrology and Water Quality Construction of the Proposed Project would result in changes to existing drainage patterns at both the Project Site and Alternative Site. Additionally, the Proposed Project would generate urban runoff, which would affect water quality in the Project area and for the Alternative Site location, which would both require treatment of storm water. A site specific Hydrology Report would be required at the Alternative Site to determine specific hydrology in the area. A Storm o Water Pollution Prevention Plan (SWPPP) would be required for both the Project Site and Alternative Site, as part of the construction package. The SWPPP would describe and dictate CL management practices to prevent contaminants from entering storm water discharge and prevent N unauthorized non-store water discharges during construction of either the Project Site or Alternative Site. Accordingly, storm water discharges to any surface or groundwater shall not cause or contribute to exceeding any applicable water quality objectives or standards t contained in the Statewide Water Quality Control Plan, the California Toxics Rule, or the M Santa Ana RWQCB's Basin Plan. Approval of the SWPPP by the RWQCB would result in T implementation of Best Management Practices (BMPs) that would control pollutants in CL stormwater discharges from both the Project Site and Alternative Site. 0 Based on County of San Bernardino basin guidelines, a basin with a volume of 3.33 acre-feet is required for the development at the Proposed Project Site. A site-specific Hydrology report N would be required for the Alternative Site to determine basin dimensions and requirements. Under this alternative, impacts to hydrology and water quality would be similar to those addressed within the Proposed Project, as approximately 17.39 acres would be disturbed at the m Alternative Site and would require similar approvals(i.e., SWPPP,BMP's). LL N O Noise a D C LL Under this alternative, impacts to sensitive receptors would be similar to the Proposed Project as c sensitive receptors abut the east and west boundary of the Alternate Site, and also occur to the m north of the site across Highland Avenue (Patton State Hospital). Noise impacts from delivery in trucks, trash trucks and loading activities would be less for this alternative along the southern 0 boundary as the I-210 Freeway occurs immediate south of the Alternative Site. Development at = either site would require similar mitigation measures in order to reduce project noise levels within acceptable limits of City standards. Therefore, impacts at both sites would be less than a significant with mitigation. w 0 Traffic and Circulation d rc Since this alternative would occur on a site located one-mile east of the Project Site and near a freeway off-ramp (westbound 1-210 Freeway at Highland Avenue) it is expected to result in r greater congestion along surface streets and intersections within the vicinity, as vehicle queuing time on surface streets traveling to the Alternative Site may be longer than would occur at the a proposed Project Site. It is likely that additional improvements would be required for intersections that occur between the Project Site and Alternative Site (a span of up to one-mile) and possible for intersections that occur east of the Alternative Site between 1-210 Freeway off- ramp at Highland Avenue/State Route 330 approximately two-mile east of the Alterative Site Highland Marketplace/Final ERUCEQA Findings 57 6/14/2012 and the nearest freeway off-ramp. However, a site-specific traffic study would be required to document the predicted changes in levels of service for the impacted freeway and local street circulation system. Cumulative traffic impacts would for both this Alternative and the Proposed Project would be reduced to a less than significant level with implementation of proposed mitigation measures. Greenhouse Gases/Climate Change m' O This alternative, like the Project Site, would result in temporary greenhouse gas impacts from 3 construction activities. The primary source of GHG emissions generated by construction activities is from use of diesel-powered construction equipment and other combustion sources M (i.e., generators, worker vehicles, materials delivery, etc.). The GHG air pollutants emitted by O construction equipment would primarily be carbon dioxide. Both the Project Site and Alternative c Site would involve site preparation, grading, construction, painting, and paving. The primary o sources of operational GHG emissions generated by the Proposed Project would be from motor vehicle use present at both the Project Site and Alternative Site. Under this alternative, impacts o to greenhouse gases would be similar to the Proposed Project and are considered less than significant. There are no existing GHG plans, policies, or regulations that have been adopted by o CARB or SCAQMD that would apply to combustion source of emissions. It is possible that CARB may develop performance standards for Project-related activities prior to Project N construction. In this event, these performance standards would be implemented and adhered for development at either the Project Site or Alternative Site. M " Economic Impact—Urban Decay Ol This alternative would have similar impacts to the Project Site, as the Home Depot would still be v developed but at an Alternative Site approximately one-mile east of the Project Site. Based on a the performance measure of sales per square foot for Building Materials and Home Improvement o stores serving the study RTA, it is concluded for the Proposed Project and this Alternative that m the supply of competitive stores will not experience significant vacancies that will ° PP Y P p gni persist over the long-term. While it is possible that individual stores may experience greater or lesser sales E 0 per square foot impacts than averages shown for various.distance bands from the proposed Home = Depot store (due to their unique locations or business conditions), it is projected that the sales per M square foot trends, in conjunction with increases and decreases in the competitive retail supply, a would not likely result in substantial and persistent increases in commercial vacancies that would K result in urban decay. Therefore, any potential impacts are determined to be less than significant c for both the Project Site and Alternative Site. m Findings: d E s Based on the whole record, this Commission finds that the Location Alternative will meet most of m the project goals and the overall environmental impacts would be similar to the Proposed a Project for Aesthetics, Air Quality, Geology and Soils, Hazards, Hydrology, Noise and Greenhouse Gases due to sensitive receptors near the Alternative Site. Impacts to Cultural Resources are expected to be greater for this alternative, as the Alternative Site is known to contain cultural resources and appropriate mitigation would be required to reduce significant impacts to a less than significant level. In addition, impacts to traffic are expected to be greater Highland MarketplacefFinal E➢t/CEQA Findings 58 6/142012 Packet Pg.974 6.F.i © for this alternative as levels of service are expected to be reduced at intersections that span between the nearest freeway off-ramps (1-210 Freeway at Highland Avenue approximately one- mile west of the Alternative Site and I-210 Freeway at Highland Avenue/State Route 330 approximately two-mile east of the Alternative Site) and the Alternative Site. In addition to resulting in greater impacts to Cultural Resources and Traffic, this alternative would meet the project's objectives of redeveloping a property in a commercial area of the city and providing local shopping and retail service opportunities as well as locating the project near regional o freeways to enhance accessibility and commercial viability. a Findings: U N N M Based on the whole record, this Commission finds that although the Reduced Scale Alternative would comply with the existing General Plan and Zoning Ordinance, this alternative would not a entirely meet the project's objectives of increasing local shopping availability, local employment M opportunities, and provide a beneficial use to the full extent allowed under current zoning. This 4 alternative does not reduce any potential significant impacts or cumulative impacts from the o. proposed project to less than significant. c� 0 Reduced Scale Alternative The Reduced Scale Alternative involves eliminating the Shops adjacent to Major 1, and Pads 1, � 3, and 4 from the Proposed Project, which would decrease the total commercial/retail square footage by 20,240 square feet or about ten percent. The remainder of the site would be graded A c and landscaped to ensure proper drainage. LL N m Aesthetics 'a C LL The Reduced Scale Alternative would reduce the number of structures located on the northern c portion of the site (adjacent to Highland Avenue). The decrease in parking lot size and m elimination of buildings would result in a slight decrease in the amount of light emitted from the ° Project Site from both parking lot lighting and lighting generated from the buildings. However, E 0 due to the location of existing residential development (west and east of the site), this alternative = would have a similar overall aesthetic effect which could be reduced with mitigation as proposed M for the Proposed Project a r X Air Quali w 0 0 d The Reduced Scale Alternative would involve a decrease in the total amount of commercial square footage by approximately ten percent on the Project Site. Fewer commercial uses on the E site would result in a lower total trip volume(e.g. estimated trips are calculated by proposed land t use and square footage) and thereby, a decrease in the total air emissions from vehicle trips generated to and from the commercial center. Under this alternative, air emissions would be slightly less than those identified for the Proposed Project but would still be considered less than significant after implementation of mitigation measures. Highland Marketplacrffiinal Ela/CEQA Findings 59 h 1^_u l' Packet Pg. 975 6.F.i Cultural Resources Although this Alternative involves eliminating 10% of the development square footage, the expectation is that the same site area would be impacted because the remainder of the property ! would be landscaped and graded to ensure appropriate drainage of the site. Under this i alternative, the impact to cultural resources would be similar to those addressed within the Proposed Project, as a majority of the site would be disturbed. This alternative would require the c same mitigation as proposed for the Project, and impacts would be reduced to a less than significant level. c 0 U Geoloev and Soils m Although this Alternative involves reduction of the total building square footage by ten percent, similar amount of soil disturbing and grading activities would occur at the Project Site to n accommodate the reduced size development and provide for appropriate drainage and q landscaping of non-developed areas. Similar impacts would occur to geology and soils as o assessed with the Proposed Project and as related to earth moving activities, grading, soil erosion, and site stability; impacts would be less than significant. Hazards and Hazardous Materials ena s N V This Alternative would result in transportation or storage of slightly less but similar hazardous materials. Pad 1 which may include a gas station as part of the Proposed Project would be removed for this alternative, and a Business Plan Emergency Response Plan, as required in LL v mitigation to reduce impacts for the Proposed Project, would not be required. Therefore impacts m to Hazards and Hazardous Materials under this alternative would be less than the Proposed Project. LL O Hydrology and Water Quality m 0 Under this alternative, greater portions of the Project Site would be landscaped and would be E 0 available for stormwater infiltration. Landscaped areas would require additional water and _ therefore, this alternative would have a greater water demand than the Proposed Project. n However, impacts associated with stormwater runoff and water quality would be slightly less a than the Proposed Project related to a decrease in impermeable surfaces and rooftops; mitigation x would be required to control runoff and to protect water quality. c N d Noise c v This alternative would reduce the proposed development square footage by approximately ten E percent on the Project Site. This alternative would eliminate buildings along the northern portion of the site adjacent to Highland Avenue, and shops located near the eastern boundary of the site. a A slight decrease in noise levels would result for residences located east of the Project Site across Arden Avenue with the elimination of the shops. Since the shops are designed to be (� 8,340 square feet or less than five percent of the total building square footage on-site, it is Highland Madcetplaceffinal EHUCEQA Findings 60 6/1412012 �^ expected that the elimination of the shops would slightly reduce noise levels generated from vehicles trips and deliveries received by the shops. There are no sensitive receptors adjacent to the northern portion of the site, and therefore the reduction of the development square footage would not measurably reduce noise levels that would impact residents located along the western boundary of the Project Site, nearest The Home Depot. The noise impacts from deliveries to the Major Buildings along the southern c portion of the Project Site would be similar to that of the Proposed Project. Noise impacts would be significantly reduced along the northern portion of the site, and slightly reduced for residents near the eastern boundary of the site. Similar mitigation measures to those proposed for the Proposed Project would be required to reduce noise levels along the western and southern boundaries. Noise impacts would be less than significant with this Alternative or the Proposed Project. o C M Traffic and Circulation ° A The Reduced Scale Alternative would involve a decrease in the total amount of retail square footage and related vehicle trips by approximately ten percent as compared to the Proposed Project. This alternative would result in an estimated ten percent reduction of vehicle trips generated by the Project Site. This alternative would result in the development of 90 percent of w the buildings as designed under the Proposed Project, with the majority of vehicle trips generated v by The Home Depot and Major 1 building. This alternative would result in similar impacts to traffic as compared to the Proposed Project with only a slight reduction (approximately ten m �^ percent) in vehicle trips. Therefore similar impacts to traffic would result and similar mitigation LL �y would be required to improve streets and intersections for this alternative as compared to the m Proposed Project. c Greenhouse Gases 0 a v The Reduced Scale Alternative would involve a decrease in the total amount of commercial ° square footage by approximately ten percent on the Project Site. This would in turn result in a 0 lower total trip volume generated by the development and an associated decrease in the total = greenhouse gas emissions from vehicle trips generated. Emissions would also be reduced operationally by 10%. Under this alternative, greenhouse gas emissions would be slightly less o than those identified for the Proposed Project and would still be considered less than significant. w 0 Economic Impact-Urban Decay d z Under this Alternative, impacts would be the same as for the Proposed Project as The Home v Depot would not be reduced in size or eliminated under this Alternative. Impacts would be less r than significant as determined for the Proposed Project. Findings: Based on the whole record, this Commission finds that although the Reduced Scale Alternative would result in reduced impacts to Air Quality, Hazards and Hazardous Materials, Hydrology Highland Marketplace/Final EIWCEQA Findings 61 6,14 1W S Packet Pg. 977 Q and Water Quality, Noise and Traffic, this alternative would not meet the project's objectives to the same extent as the Proposed Project of increasing local shopping availability, local employment opportunities, and providing a beneficial use to the full extent allowed under the proposed GPA and Zone change. This alternative does not eliminate any significant impacts that were identified for the Proposed Project. m F. PROJECT BENEFITS 0 a The City finds that approving the Highland Marketplace project will provide benefits to the N public and the City. These benefits include: m • Increase employment opportunities in the City of San Bernardino. M O • Redevelop property in a commercial area of the city and provide local shopping and retail service opportunities. m a 0 • Provide an attractively designed, economically viable Neighborhood Retail Center that °0 will be an amenity for local residents- • Provide a conveniently located Neighborhood Retail Center that will reduce trips from It residents' homes to more distant shopping areas. 0 m /1 c • Broaden the City's economic base by attracting new commercial uses to the project area. a N m C • Locate the project near regional freeways to enhance accessibility and commercial viability. u 0 • Develop a project that is both a financial asset to the City and that mitigates o environmental impacts to the extent feasible. d E 0 G. ADOPTION OF A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE CEQA MITIGATION MEASURES 'a L K Section 21081.6 of the Public Resources Code requires this Commission to adopt a monitoring W 0 or reporting program regarding the changes in the Project and mitigation measures imposed to d lessen or avoid significant effects on the environment. The Mitigation Monitoring and Reporting Program (MMRP), included the Final EIR, is adopted because it fulfills the CEQA mitigation monitoring requirements: E s 0 m a) The MMRP is designed to ensure compliance with the changes in the Project and a mitigation measures imposed on the Project during Project implementation; and b) Measures to mitigate or avoid significant effects on the environment are fully enforceable through permit conditions,agreements or other measures. Highland Marketplace/Final EIR/CEQA Findings 62 6/142012