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HomeMy WebLinkAbout07.A- Community Development RESOLUTION(ID# 1768) DOC ID: 1768 B CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Public Hearing From: Margo Wheeler M/CC Meeting Date: 04/16/2012 Prepared by: Aron Liang, (909) 384-5057 Dept: Community Development Ward(s): 3 Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Certifying the Final Environmental Impact Report for the National Orange Show Industrial Project, Adopting the Facts, Findings and Statement of Overriding Considerations, Adopting the Mitigation Monitoring and Reporting Program, and Approving General Plan Amendment No. 11-04, Tentative Parcel Map No. 19330 (Subdivision No. 11-02) and Development Permit 2 No. 11-04. Financial Impact: Increased property tax of an undetermined amount to accrue to the City. Mayor to open the hearing... Motion: Close the hearing; and adopt Resolution. Synopsis of Previous Council Action: None. Back round: On March 28, 2012, the Planning Commission recommended that the Mayor and Common Council approve General Plan Amendment No. 11-04, Tentative Parcel Map No. 19330 (Subdivision No. 11-02) and Development Permit 2 No. 11-04, to change the General Plan land use designation of 37.18 acres from Public Commercial Recreation (PCR) and Commercial Heavy (CH) to Industrial Light (IL) and a proposal to subdivide the portion of the project site north of Central Avenue of approximately 33 acres into three parcels for development of four industrial buildings, totaling 752,710 square feet. The project site is bounded by Arrowhead Avenue to the west, Esperanza Street and its extension on the north, a flood control channel on the east, and Central Avenue to the south. In addition, portions of the project are also located south of Central Avenue, at the southeast comer of Central and Arrowhead Avenues, and in an area that extends north of the main site between the extension of Esperanza and Mill Streets (Location Map-Attachment 1). O Updated:4/11/2012 by Georgeann"Gigi"Hanna B �1 I1768 I The applicant requests that the Mayor and Common Council approve General Plan Amendment No. 11-04, Tentative Parcel Map No. 19330 (Subdivision No. 11-02) and Development Permit 2 No. 11-04 subject to conditions as recommended by the Planning Commission at their meeting of March 28, 2012. The Planning Commission voted unanimously in favor of the proposed amendment and the proposed project. Commissioners Conte, Durr, Heasley, Lopez, Machen, Mulvihill, and Rawls voted in support of the motion and Commissioner Jimenez abstained. The proposed development will be constructed in one phase and the project site has been designed to accommodate four industrial warehouse facilities, with related on-site parking and loading improvements and landscaping on approximately 37.18 acres. The buildings range from 27,810 square feet to 616,000 square feet. The building heights range from 30 feet to 38 feet. Local vehicular/truck access to Buildings A, B, C, and D will be on Arrowhead Avenue. Additional direct vehicular access to the project site for Buildings A and B will be on Central Avenue and Esperanza Street, and Mill Street for Buildings C and D. A combination of landscaping, berms, wrought iron fence with pilasters, and the general elevation of the project site will work together to screen views of loading activities on the site. Other activities associated with the development proposal include grading, extension of utilities to the site, construction of on-site storm drain and water quality basin. 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. Furthermore, the proposed project will install approximately 10 acres of solar panels on the roof of Building A, which will generate approximately 5.9 million kilowatts of energy per year in the San Bernardino area. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) An Environmental Impact Report (EIR) has been prepared in accordance with CEQA. The EIR 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 (MM/RP), which is attached as Attachment D of the Planning Commission Staff Report, and also incorporated by reference in the Conditions of Approval (Attachment C of the Planning Commission Staff Report). Key mitigation measures applied as conditions of approval include installing traffic signals at the intersections of Arrowhead and Central Avenues, and Mountain Avenue and Mill Street. Updated:4/11/2012 by Georgeann"Gigi"Hanna B 1768 The mitigation measures in the MMW will reduce most impacts of the project to less-than- significant levels. However, certain air quality and traffic impacts will not be fully mitigated, despite incorporation of substantial air quality and traffic mitigation. Therefore, a statement of overriding conditions must be adopted in order to approve the project. The following impacts are significant and unavoidable: • The proposed project will exceed the South Coast Air Quality Management District (SCAQMD)regional significance thresholds for NOx (Nitrogen Oxide). • Short-term and Long-term operational emissions of VOC (Volatile Organic Compound) and NOx are over the SCAQMD's significance thresholds. • Segments of the I-215 Freeway would operate at LOS "F," representing a breakdown in flow resulting in stop-and-go conditions. The following aspects of the project are cited in the Statement of Overriding Considerations as benefits that warrant approval of the project despite the significant impacts: • The project would bring employment opportunities to the City. • Development of the site would improve the tax base/City revenues. • The project would improve the image of the area with new construction. I Public Hearing Notice: Notice of the public hearing of this item was published on Friday, April 6, 2012, and the official notices were placed in the mail on Wednesday,April 4, 2012. ATTACHMENTS: 1. Location Map 2. Aerial Map 3. Planning Commission Staff Report Dated March 28,2012 4. Draft Planning Commission Minutes March 28, 2012 Resolution City Attorney Review: Updated:4/11/2012 by Georgeann"Gigi"Hanna B Packet Pg.627 1768 Supporting Documents: Attachment 1 - Location Map(DOCX) Attachment 2 -Aerial Map (DOC) Attachment 3 -Planning Commission Staff Report 3.28.12 (PDF) Attachment 4-Planning Commission Minutes 03 28 12 (DOC) i reso 1768 (PDF) Exhibit 1 -Final EIR&Draft EIR (DOCX) Exhibit 2 -Mitigation Monitoring Reporting Program (DOC) Exhibit 3 -Findings of Fact (DOC) Exhibit 3 - Statement of Overriding-Appendix A (DOC) Exhibit 4- General Plan Amendment Area (DOCX) 1 3 i I i Updated:4/11/2012 by Georgeann"Gig?Hama B 7.A.a ATTACHMENT 1 — ZONING MAP CITY OF SAN BERNARDINO PLANNING DIVISION PROJECT: GPA 11-04 TPM 19330 & DP2 11-04 LOCATION MAP NORTH HEARING DATE: 411612012 0 IL' PF N mo x;.. . ... . . N T c C6 Z m r` a it 1 O .M_.... ._ j IL W a PROJECT SITE �_ Q o - Z m U J PFC IL X X W £ s 3 a - c Q � Q 2 r Copyright 6EIlEDIC Packet Pg. 629 CITY OF SAN BERNARDINO PLANNING DIVISION PROJECT. . J TPM 19330 . 0J LOCATION HEARING DATE. 411612012 * • " '3yf �•�� �s� �� '�� ,,,���ppplll���uc.S � wy ' <7kX�n �, �"�°'yam,* r a� R. ,�W, if 6 f 0yy//1 J�t" f uR PLANNING COMMISSION STAFF REPORT a` CITY OF SAN BERNARDINO PLANNING DIVISION —° w D CASE: General Plan Amendment No. 11-04,Tentative Parcel Map No. 19330 (Subdivision No. 11-02)and Development Permit Type 2 No. 11-04 0 s AGENDAITEM: 2 W DARING DATE: March 28,2012 WARD: 3 0 APPLICANT: OWNER: e Lewis Retail Centers National Orange Show c/o: Timothy C.Reeves c/o: Dan Jimenez z 1156 N.Mountain Avenue 689 South E Street m Upland,CA 91786 San Bernardino,CA 92408 c REQUEST/LOCATION: A request to change the land use designation of approximately 37.18 2 acres from Public Commercial Recreation (PCR) and Commercial Heavy (CH) to Industrial Light •m (IL), and to subdivide the portion of the project site north of Central Avenue of approximately 33 r0 acres into three parcels for development of four industrial buildings, totaling 752,710 square feet. The project site is an irregular configuration,with the main portion of the site bounded by Arrowhead N Avenue to the west, Esperanza Street and its extension on the north, a flood control channel on the i east, and Central Avenue to the south. In addition, portions of the project site are also located south 1= of Central Avenue,at the southeast corner of Central Avenue and Arrowhead Avenue,and in an area d that extends north of the main site between the extension of Espemnza Street and Mill Street (Refer to Attachment A). m N C Assessor Parcel Numbers: 0136-283-01,0136-472-01, 06,07,&0136492-03 0 .N m CONSTRAINTS/OVERLAYS: E E 0 U Areas of Potential Ground Subsidence c 'E c ENVIRONMENTAL FINDINGS: m 0 Environmental Impact Report,Facts,Findings and Overriding Considerations. a M • No Significant Effects • Potential Effects, Mitigation Measures and Mitigation Monitoring/Reporting Plan E E v STAFF RECOMMENDATION: x El Approval Recommendation to Mayor and Common Council a ❑ Denial: d ❑ Continuance to: E r U A a GPA11-04, TPM19330, DP211-0 PC Meeting Date: 3-28-12 Page 2 PROJECT DESCRIPTION U 0 The applicant requests approval of the following: a m General Plan Amendment (GPA) No. 11-04 under the authority of Development Code § u 19.50.030 to change the land use designation of approximately 37.18 acres from Public Commercial Recreation(PCR)and Commercial Heavy(CH)to Industrial Light(IL); 3 0 Tentative Parcel No. 19330 (Subdivision No. 11-02) under the authority of Development Code § N 19.60.030 to subdivide the portion of the site north of Central Avenue which consists of approximately 33 acres into three parcels; and 0 Development Permit Type 2 No. 11-04 under the authority of Development Code § 19.44.030 to 0`0 construct four industrial warehouse buildings,totaling 752,710 square feet. z Other activities associated with the development proposal include grading, extension of utilities to the site, construction of on-site storm drain and water quality basin. 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. Furthermore, `o the proposed project will install approximately 10 acres of solar panels on the roof of Building u+ A, which will generate approximately a total of 5.9 million kilowatts per year of energy in the rY San Bernardino area. " N_ W SETTING/SITE CHARACTERISTICS M 0 The project site is located at the northeast comer and southeast comer of Arrowhead and Central o. Avenues consisting of two portions totaling 37.18 acres. The portion of the project site south of Central Avenue is approximately 4.32 acres and is being used by Bar None Auctions, a R commercial truck and heavy equipment auction company. There are three mobile trailers, two c used for office and one for maintenance equipment. The remaining area of the site is used to 2 store various auction items. E E The portion of the project site north of Central Avenue consists of approximately 33 acres and <0 contains the San Bernardino County Flood Control storm drain line and at the southeast comer of 0 the site contains the modular DMV office building and a storage container. The southwest comer of the site contains a water tower, which is being used by Bar None Auctions for dust a control. In the middle portion of the site, along the north property line, is a fenced in storage M yard. East of the storage yard is vacant land. E E s v m Q c a E s 0 m © a Packet Pg.632 GPAII-04, TPM19330, DP211-0 PC Meeting Date:3-28-12 Page 3 �.. Table 1: SITE AND SURROUNDING LAND USES d 'o a` LOCATION LAND USE GENERAL PLAN , Public Commercial Subject Site Industrial and Commercial Recreation(PCR)& Commercial Heavy CH o L North Commercial and Industrial CH R South Industrial IL o East Flood Control Channel PCR CH, and Flood `o_ Control Channel(PFC) z West Orange Show Events Center PCR r c PROJECT HISTORYBACKGROUND = N d • January 1955 -The project site consisted of agricultural and residential uses prior to its acquisition by the National Orange Show. The uses of the site included a heliport, which closed in 1955, and a National Orange Show operated race track N and parking lot. C • February 1989 — the southeast comer of the project site, north of West Central °o. Avenue, was occupied by the California Department of Motor Vehicles and used rr as a truck and bus drivers' license testing center. • April 2000 — the property south of West Central Avenue was leased to Steve Passy and Associates for equipment auctions. .y • June 2011 — GPA No. 11-04, TPM 19930 and DP2 No. 11-04 applications " submitted. E E • July 2011 —Notice of Preparation of an EIR. 0 • December 9,2011 -Draft EIR circulated for 45-day public review. • July 13, 2011 —Project scope meeting held to preview project plans. • March 15,2012—Final EIR completed with responses to DEIR comments. a M ANALYSIS E L U The subject site has generally been used for commercial and industrial activities and is located in a the PCR and CH land use districts. The proposed development will be concocted in one phase and the project site has been designed to accommodate four industrial warehouse facilities, with related on-site parking and loading improvements and landscaping on approximately 37.18 acres. The buildings range from 27,810 square feet to 616,000 square feet. The building heights range 2 from 30 feet to 38 feet. Local vehicular/truck access to Buildings A, B, C and D will be on a Arrowhead Avenue. Additional direct vehicular access to the project site for Buildings A and B Packet Pg. 633 7.A.c r GPA 11-04, TPM19330, DP21/ 0 PC Meeting Date:3-28-12 Page 4 will be on Central Avenue and Esperanza Street, and Mill Street for Buildings C and D. A combination of landscaping, berms, wrought iron fence with pilasters and the general elevation m of the project site will work together to screen views of loading activities on the site. a m Attachment B contains proposed building elevations with contemporary industrial architecture y complying with architectural design guidelines pursuant to Section 19.08 (G). The project site is v' located in a potential subsidence area. As such,a soils report will be required for the entire site as 3 part of construction documents submittal for plan check. The project complies with the IL land r use regulations and development standards of the Development Code, as indicated in the n d following Table 2: m TABLE 2: PROJECT COMPLIANCE WITH DEVELOPMENT STANDARDS m c 0 STANDARD DEVELOPMENT CODE PROJECT PLANS z m Building A =49% Building Coverage o Building B=42% 75%maximum Building C=43% a Building D=27% Building A=492 spaces Building A=494 spaces Building B =63 spaces Building B= 120 spaces N Parking Building C =27 spaces Building C =32 spaces Building D =29 spaces Building D = 82 spaces Total= 612 spaces Total=728 spaces o a d 15%of parking area= 37,596 s.f. Landscaping whole site (minimum) 131,088 s.f. =52%of whole site ur c 0 .N Building Height 50 ft. maximum 30 feet to 38 feet E E 0 U m CALIFORNIA ENVIRONMENTAL QUALITY ACT(CEOA) c M An Environmental Impact Report (EIR) has been prepared in accordance with CEQA. The EIR a identifies potentially significant impacts of the project, discusses avoidance measures incorporated in the project design, and numerous mitigation measures proposed to further reduce d potential impacts of the project. Mitigation measures presented in the EIR have been included in E the Mitigation Monitoring/Reporting Program (MM/RP)which is attached as Attachment D, and °m also incorporated by reference in the Conditions of Approval (Attachment C). Key mitigation a measures applied as conditions of approval include installing traffic signals at the intersections of Arrowhead and Central Avenues and Mountain Avenue and Mill Street. E r v m Racket Rga634 GPA11-04, TPM19330,DP211-0 PC Meeting Date: 3-28-12 Page 5 The mitigation measures in the MM/RP will reduce most impacts of the project to less-than- significant levels. However, certain air quality and traffic impacts will not be fully mitigated, d despite incorporation of substantial air quality and traffic mitigation. Therefore, a statement of a overriding conditions must be adopted in order to approve the project. The following impacts are m significant and unavoidable: z • The proposed project will exceed the SCAQMD regional significance thresholds for NOx 3 (Nitrogen Oxide). 0 • Long-term operational emissions of VOC (Volatile Organic Compound) and NOx are d over the South Coast Air Quality Management District's significance thresholds. _ • Segments of the I-215 Freeway would operate at LOS "F". 0 • At the time of this report, an update traffic impact analysis was required to analyze the c shX lane configuration at the intersection at Mill and "E" Streets. Pending an update to 0 the traffic impact analysis, additional impacts and mitigation measures may be required z which may affect the Findings and Overriding Consideration and the MM/RP. A status on the required update traffic impact analysis will be provided at the hearing. The following aspects of the project are cited in the Statement of Overriding Considerations as benefits that warrant approval of the project despite the significant impacts: 0 .N m • The project would bring employment opportunities to the City. • Development of the site would improve the tax base/City revenues. (� • The project would improve the image of the area with new construction. M 0 0 a FINDINGS OF FACT—GENERAL PLAN AMENDMENT W m 1. The proposed amendment is internally consistent with the General Plan. �+ c 0 The proposed General Plan Amendment is consistent with General Plan Policy 4.1.2, which m states: "proactively seek out and retain businesses...., including: attracting industrial and E manufacturing users." rn The change of land use designation from PCR and CH to the IL district will enable the property owner to maintain and expand a viable industrial use and provide a development opportunity for a new industrial uses that are consistent with the industrial uses adjacent to the north, east and south. " d 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. " a 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 s of the Development Code, Chapter 19.08, Industrial Districts. The proposed amendment would m enhance the value of the project site by making it feasible to implement the General Plan policy C stated above. Packet Pg.635 GPAl1-04, TPM19330, DP211-opm PC Meeting Date: 3-28-11 Page 6 3. The proposed amendment maintains the appropriate balance of land uses within the City. U d The proposed amendment is consistent with the General Plan as described above and would i maintain the appropriate balance of land uses within the City. The property is currently 6 designated PCR and CH on approximately 37.18 acres and is not conducive for public and/or private commercial recreation facilities as the site is surrounded by heavy commercial and industrials uses. The proposed amendment will encourage business development opportunities 3 and will allow compatibility with other industrial uses within proximity of the project site. t Therefore, the proposed amendment would not adversely impact the overall balance of land uses to d in the City. c m 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 o 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. c 0 The proposed amendment area is bounded 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. N FINDINGS OF FACT—TENTATIVE PARCEL MAP M 1_ 0 1. The proposed subdivision is consistent with the General Plan and the Development Code. x The proposed subdivision is consistent with the applicable development standards of the General y Plan. The parcels created will meet the lot size, lot coverage, and development standards as `o described in Table 3 below. General Plan Policy 2.7.5 requires that development be contingent N upon the ability of public infrastructure to provide sufficient capacity to accommodate its demands, and the proposed project will provide connections to City water and sewer services, o roads, storm drains, and public utilities, in addition to payment of applicable Development U rn Impact Fees. c m a M c a E L U Q C d E r u m 1; Q Packet Pg.636 ), 7.AO.c GPAII-04, 7PM19330, DP211-04 PC Meeting Date:3-28-12 Page 7 ® TABLE 3: GENERAL PLAN AND DEVELOPMENT CODE CONSISTENCY N CATEGORY PROPOSAL DEVELOPMENT CODE GENERAL PLAN o i Permitted pal Map Subdivision Consistent Consistent N Use v Parcel 1 =28.3 acres —` Lot Area Parcel 2= 1.53 acres 20,000 sq. ft. minimum N/A s Parcel 3 =2.6 acres n d m Access 2 Standard Means 2 Standard Means N/A 0 A C 0 2. The design ofthe proposed subdivision is consistent with the General Plan. m m The design of the proposed subdivision is consistent with the General Plan. Policy 2.2.1 requires 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 o Community Design Element" By satisfying all necessary design requirements outlined in the 2 Development Code, the project as proposed complies with all applicable Goals and Policies of the City of San Bernardino General Plan. CThe subdivision proposed by TPM 19330 will maintain compatibility between existing industrial uses adjacent to the site through compliance with applicable Development Standards, as shown o in Tables 2 and 3 above and will promote quality design by consolidating multiple parcels to facilitate the planned development of the site. tt: m 3. The site is physically suitable for the proposed type of development. o y As discussed in Table 2 above, the proposed map conforms to the Development Code A subdivision design standards for minimum lot area, lot standards and access. All proposed lots o will have sufficient buildable areas and will have access to dedicated public roads. Connecting to 0 the existing infrastructure in the vicinity will provide water, sewer, and utility services adequate to serve office and light industrial uses,as proposed. a 4. The site is physically suitable for the proposed density of development. c The site contains ample area for the creation of three industrial lots and the associated r development of four industrial warehouse buildings. The site does not contain any physical constraints that would prevent or preclude the site from being developed at the proposed a intensity. As shown in Tables 2 and 3 above, the proposed industrial subdivision complies with all applicable provisions of the Development Code for subdivision design. t U N Q �r Packet Pg. 637 GPAI!-04, TPM19330, DP211-04 PC Meeting Date:3-28-11 Page 8 5. The design of the subdivision is not likely to cause substantial environmental damage, or u substantially and unavoidably injure fish of wildlife or their habitat. o a` The design of the subdivision is not like to cause any impacts to wildlife or their habitat. A m biological resource survey conducted on April 28, 2011, by Michael Brandman Associates revealed that the project site was highly disturbed. There is no opportunity for wildlife to establish itself on-site. The proposed parcel map is included in the scope of the EIR as well as 3 the Findings of Fact and Statement of Overriding Considerations prepared for the proposed 0 project. d rn t 6 The design of the subdivision is not likely to cause serious public health problems. 0 The design of the proposed subdivision meets all of the applicable Development Code o requirements and is unlikely to result in any serious public health problems. The proposed z parcels will have access to existing public streets. Existing utilities and public services are available to serve the project site and ensure the maintenance of public health and safety. 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 ofproperty within the proposed `g N subdivision. > v rr The design of the subdivision will not conflict with any public or private easements. All N documentation relating to easements and dedications will be reviewed and approved by the City N Engineer prior to recordation of the Final Map. Existing easements will be reserved in place or M relocated, as necessary. 0 m rr FINDINGS OF FACT—DEVELOPMENT PERMIT N 1. The proposed development is permitted in the subject zoning district and complies with all o applicable provisions of the Development Code, including prescribed site development standards and any/all applicable design guidelines. £ 0 The proposed National Orange Show Industrial Project is permitted subject to a Development o Permit in the IL land use district. The development project site plan layout complies with parking 2 and landscaping requirements and other applicable development standards, as detailed in the staff �, report. a M 2 The proposed development is consistent with the General Plan. w E s Table LU-2 of the General Plan describes the Industrial Light (IL) land use district as a district R intended for "(a) variety of light industrial uses, including warehousing/distribution, assembly, light manufacturing, research and development, mini-storage, and repair facilities conducted within enclosed structures..." Establishment of the National Orange Show Industrial Project as E proposed would also promote the following General Plan goal and policy: z a 7.A.c..f.::. GPA11-04, TPM19330, DP211-0 PC Meeting Date:3-18-12 Page 9 Policy 2.5.4: "Require that all new structures achieve a high level of architectural design and provide careful attention to details." c IL Goal 4.1: "Encourage economic activity that capitalizes on the transportation and m locational strengths of San Bernardino." a The proposed project will expand job opportunities and industrial service opportunities within 3 the City. The proposed project has been designed with contemporary unifying architectural design elements and will be compatible with other industrial warehouse buildings proximity to in the project site to the east on Central Avenue and Mill Street. O 3. The proposed development would be harmonious and compatible with existing and future developments within the land use district and general area, as well as with the land uses o presently on the subject property. % Development of the project site as proposed will bring a new, state-of-the-art distribution center industrial park environment. The proposed use is very similar to numerous existing distribution centers on Central Avenue and Mill Street. Therefore, it will be compatible with the existing uses. Warehouse/Distribution centers are typical uses permitted in the IL land use district, so `o_ future land uses in the area will likely be compatible with the subject project. rr 4. Approval of the Development Permit for the proposed development is in compliance with the requirements of the California Environmental Quality Act and Section 19.20.030(6) of the N Development Code. " 0 0 An Environmental Impact Report (EIR) (SCH #201107017) 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 n Reporting Program (MM/RP) and Facts, Findings and a Statement of Overriding Considerations o have been prepared for adoption with approval of the project, pursuant to CEQA requirements. y 5. There will be no potential significant negative impacts upon environmental quality and rE natural resources that could not he properly mitigated and monitored c The project will have significant impacts on air quality and traffic that could not be fully mitigated to less-than-significant levels. However, as noted above, an EIR, findings of fact and a a statement of overriding considerations have been prepared to support approval of the project n pursuant to the requirements of CEQA. d E L 6 The subject site is physically suitable far the type and density/intensity of use being proposed. a The site has an appropriate size and location for the proposed warehouse/distribution facilities. The proposed development requires a large amount of available land with ready accessibility to freeways, which the site provides. As shown in Table 2, above, each of the proposed buildings m complies with applicable provisions of the Development Code for setbacks, lot coverage, floor- a Packet Pg.fi39 CPA11-04, TPM19330, DP211-00= PC Meeting Date:3-28-12 Page 10 area ratio, height,parking, loading, etc. Therefore, the proposed density/intensity of development can be accommodated on the project site. o 0. 7. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety. w v 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 30 c project. The EIR contains an analysis of public services required to serve the project, and ar 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 0 construction of this project. c 0 8. The location, size, design and operating characteristics of the proposed development would % not be detrimental to the public interest, health, safety, convenience or welfare of the city. m r The acreage of the site and its location on Central Avenue and Arrowhead Street, proximity to I- 215 make it suitable for industrial warehouse facilities. The proposed use would be permitted subject to a development permit in the IL land use district, and the site is surrounded by several `o_ other similar industrial uses. The operating characteristics of the proposed project would be .2 consistent and compatible with other industrial land uses in close proximity to east of the site. Therefore, operation of the proposed warehouse distribution center on the subject site would not a be detrimental to the public interest, health, safety, convenience or welfare. N M Y CONCLUSION o. 0 K The proposed project is consistent with the General Plan and the design of the improvements conforms to applicable standards of the Development Code. The Environmental Impact Report n has been prepared in accordance with CEQA, including many mitigation measures that will `o protect public health and safety. The benefits of the project outweigh its adverse environmental N impacts of the project, as outlined in the Statement of Facts, Findings and Overriding E Considerations. 0 m RECOMMENDATION c m Staff recommends that the Planning Commission recommend that the Mayor & Common a. Council: c d 1. Certify the Environmental Impact Report(SCH#201107017). E U 2. Adopt the Facts, Findings and Statement of Overriding Considerations. G c 3. Adopt the Mitigation Monitoring/Reporting Program. £ E U A Q Packet Pg.640 , GPAII-04, TPM19330, DP211-0AM PC Meeting Date. 3-28-12 Page 11 4. Approve General Plan Amendment No. 11-04, Tentative Parcel Map No. 19330 (Subdivision No. 11-02) and Development Permit 2 No. 11-04 based on the findings of o fact in the Staff Report and subject to the Conditions of Approval. a m h 3 Respectfully Submitted, v 0 r N Aron Lrang c Senior Planner o m c 0 Approved for Distri ution: z argo Wheeler,AICP Community Development Director 0 .N v c N Attachments: A. Location and Aerial Maps N B. Project Plans Date Stamped June 22, 2011 r C. Conditions of Approval °o. D. Mitigation Monitoring/Reporting Program E. Draft and Final Environmental Impact Report(CD) F. 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II ,!!1 I WI E iii 11 vie {{{ ` ! !ll Itl 4r!: ------- ' L eE= EE ! = I•i e l ! ➢11 i I�Idn"11 i...�.: iyi lj! {I 4�@!111 l ! i�j ➢j�ii111{ l J n H tF q {I FF. ➢R BI. ➢"i' I�E11E 51 � � �—r--�---� r i : ➢ 11,11119��Imt l 5 ,— � - I r <'I' � � lJ � � � '� � I JUN 2021 ° c r F�ypJ7,ii�� ` l ilF: !�➢ds) .] _ zoci P i{ I44i5 --'±-i+�-_ 1 —'---�—'i—�I"- ----- ATTACHMENT C CONDITIONS OF APPROVAL d Tentative Parcel Map No. 19330 (Subdivision No. 11-02) and a` Development Permit 2 No. 11-04 A N 1. All development shall be in substantial conformance to submitted plans date stamped a c June 22,2011. 3 0 2. Within two years of Development Permit approval, commencement of construction shall y have occurred or the permit approval shall become null and void. In addition, if after rn 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 o` Permit does not authorize commencement of construction. All necessary permits must be obtained prior to commencement of specified construction activities included in the °- Conditions of Approval. z 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 2 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 (\rr Clerk. The date the final map shall be deemed filed with the Council is the date on which N the City Clerk receives the map. " r 0 Expiration Date: 2 years from the approval date of the GPA 4. The review authority may,upon an application being filed 30 days prior to the expiration 2 date and for good cause, grant a one-time extension,not to exceed 12 months. The review c authority shall ensure that the project complies with all Development Code regulations. 2 N 51 In the event this approval is legally challenged, the City will promptly notify the applicant of any claim,action or proceeding and will cooperate fully in the defense of this 0 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 'c Bernardino (EDA), any departments, agencies, divisions, boards or commission of either the City or EDA as well as predecessors, successors, assigns, agents, directors, elected ° officials, officers, employees, representatives and attorneys of either the City or EDA from any claim, action or proceeding against any of the foregoing persons or entities. a The applicant further agrees to reimburse the City for any costs and attorneys' fees which s 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. a c v E t u A a Packet Pg. 655 Conditions of Approval 2PM 19330 and DPI 11-04 PC Date:Mamh 28,2012 Page 2 d .o The costs, salaries, and expenses of the City Attorney and employees of his office shall a be considered as "attorneys fees" for the purpose of this condition. As part of the m 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 v c applicant. 3 0 6. Modifications to the plans shall be subject to the applicable provisions of Development U) Code Chapter 19.60,Minor Modifications. m 7. Development of the site shall be subject to all the applicable provisions of the o Development Code in Chapter 19.20,Property Development Standards. o 8. The project shall comply with the requirements of other agencies, as applicable (e.g. Air z Quality Management District, San Bernardino County Flood Control District, California Department of Fish and Game, Regional Water Quality Control Board,etc.). 9. Prior to occupancy, a bond shall be posted to guarantee an amount equal to the cost of all landscaping on the landscape and irrigation plans, including the costs of installation and .2 maintenance for a period of one year. The bond shall be released no sooner than one year 5 after issuance of the Certificate of Occupancy, and only after verification of one-year g survival of all project landscaping by staff. N 10. The property owner(s), facility operator and property management shall be responsible of for regular maintenance of the site. Vandalism, graffiti, trash and other debris shall be t= 0 a removed within 24 hours. 11. Signs are not approved as a part of this permit. Prior to establishing signs, the applicant n shall submit an application for approval by the Planning Division. `o 0 12. All exterior lighting shall be energy efficient with the option to lower or reduce usage E when the facility is closed. 2 0 v 13. A soils report for the entire project site of 37.18 acres shall be submitted for review and m approved by Building and Safety Division prior to building permit issuance. 14. The final hydrology and hydraulics study, the final Water Quality Management Plan r1 (WQMP) and a storm Storm Water Pollution Prevention Plan(S WPPP) shall be approved " c prior to issuance of grading permits. E E 15. Approval of a grading and on-site improvement plan and a grading bond shall be required prior to issuance of grading permits. c 16. The proposed detention basins shall be designed in accordance with the"Detention Basin m E Design Criteria for San Bernardino County," and the design shall be approved prior to �+ issuance of grading permits. 4 „ ' Packet Pg.656 Conditions of Approval 7PM 19330 and DPI 11-04 PC Date:March 18,2011 Page 3 0 0 17. Landscape and irrigation plans are required and shall be approved prior to issuance of i permits for grading and on-site improvements. N 18. (") The project developer shall install additional orange trees along Central Avenue with the same planting theme as proposed along Arrowhead Avenue. 3 0 19. Prior to occupancy of any building, a bond shall be posted to guarantee maintenance and V) survival of project landscaping for a period of one year pursuant to Section 19.30.230. m m 20. An easement and covenant shall be executed on behalf of the City to allow the City to 0 enter and maintain any required landscaping in case of owner neglect as stipulated in o Section 19.28.080. The Real Property Division of Public Works will prepare documents .2 for execution by the property owner. Z 21. An Off-Site Improvement plan is required. Submit 3 copies to the Land Development Division for checking. c 22. All Conditions of Approval and standard requirements shall be implemented and/or .2 completed prior to final inspection and issuance of a Certificate of Occupancy. d 23. Development of the project shall be subject to all mitigation measures in the Environmental Impact Report (EIR) (SCH #2007081029) and the attached Mitigation N Monitoring/Reporting Program (MMW), incorporated by reference in these Conditions of Approval. °o. m 24. The detention basin shall be designed in accordance with "Detention Basin Design :t: Criteria for San Bernardino County." Retention basins are not acceptable. Double Ring N Infiltrometer testing is required to determine the percolation rate at the final grades of `o each of the proposed infiltration features (including bio-swales and basin areas). AI] N basins need an emergency overflow and a low flow outlet. £ E 25. A Full-Categorical Water Quality Management Plan (WQMP) prepared by DRC 0 Engineering, Inc. has been submitted and is on file for this project. The final version shall be approved prior to the issuance of permits. The overall project scope for the site will disturb more than an acre of land; therefore, a Storm Water Pollution Prevention a Plan (SWPPP) will be required prior to the issuance of permits. A "Notice of Intent (NOI)" shall be filed with the State Water Resources Control Board and a copy shall be " c provided. E E 26. An Erosion Control Plan is required to be submitted with the grading plan for review and approval by the Director of Community Development prior to issuance of the grading a permit. E 27. The grading and drainage plan shall be signed by a Registered Civil Engineer and a grading permit will be required. The grading plan shall be prepared in strict accordance 4 Conditions of Approval TPM 19330 and DP2 11-04 PC Date:March 18. 2012 Page 4 u d O with the City's "Grading Policies and Procedures" and the City's "Standard Drawings". ti The grading plan shall incorporate the recommendations of soils report on file prepared m by LOR Geotechnical Group, Inc.prepared on June 6, 2011. V 28. A grading bond will be required in accordance with Municipal Code Section 15.04.180. a c 29. An on-site Improvement Plan and permit are required for this project. The on-site plan ;°c can be incorporated with the grading plan and shall conform to all requirements of w Section 15.04-167 of the Municipal Code(See"Grading Policies and Procedures"). c m 30. Written approval fiom the Army Corps of Engineers and any applicable conditions shall 0 be submitted prior to the relocation of the existing 78" storm drain and issuance of a permits. % z 31. A Landscape and Irrigation plan and permit are required for this project. r 32. 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 2 An 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 o 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 N Section to cover processing costs. The property owner, prior to plan approval, shall execute this easement and covenant unless otherwise allowed by the City Engineer. a d 33. An Of Site Improvement Plan and permit are required for this project. Improvements :°. shall include: (1) i) Construct a standard knuckle at the intersection of Mountain View Avenue $ and Esperanza Street; E ii) Construct curb, gutter and sidewalk according to city standards along c Esperanza Street in the project frontage; w c iii) Construct ADA ramps at the southeast comer of Esperanza Street & Arrowhead Avenue and the northeast and southeast comers of Central y Avenue&Arrowhead Avenue; iv) Construct curb, gutter and sidewalk according to city standards along E Central Avenue in the project frontage; m v) Mountain View Avenue and Esperanza Street shall receive full depth reclamation treatment to the centerline of both streets; E vi) Arrowhead Avenue and Central Avenue shall receive crack seal with type O11 slurry treatment at full width. a Conditions of'Approval TPM 19330 and DP2 11-04 PC Date:March 28,2012 Page 5 0 O a` 34. All existing overhead utilities adjacent to or traversing the site on either side of the street shall be placed underground in accordance with Section 19.20.030 (non-subdivisions) or Section 19.30.110(subdivisions)of the Development Code. a c 3 35. For the streets listed below, dedication of adequate street right-of-way (R.W.) to provide the distance from street centerline to property line and placement of the curb line (C.L.) ) in relation to the street centerline shall be as follows: 0 m Street Name Right of Way(ft.) Curb Line(ft) c M z Mill Street 50' 32' r Central Avenue 44' 32' 0 2 Arrowhead Avenue 50' 32' 0� N Esperanza Street 25' 18' M t 0 Mountain View Ave 25" 18' � m 'Provide right of way as needed for construction of the knuckle n c 0 N al 36. The following improvements are required prior to occupancy and will result in credits E E that may be applied to the Local Circulation Traffic Impact Fee: 0 i) Install a traffic signal at Arrowhead Avenue and Central Avenue. O1 c I) Northbound: One thru lane and one shared lane through-right turn a lane en 2) Southbound: One left turn lane and two through lane a E z 3) Eastbound: N/A m a 4) Westbound: One left turn lane and one right turn lane c m E s 0 m a Pac(S�E Pg 85&?== 7.A.c Conditions of Approval 7PM 19330 and DPI 11-04 PC Date:March 28,2012 Page 6 m 0 36, Development Impact Fees and Fair-Share contribution payments shall be required, as 0. described in the Mitigation Monitoring Reporting Program, prior to the issuance of the m building permit. c (*)Condition of AOOroval 18 amended by the Planning Commission on March 28.2012. r N d m C m End of Conditions of Approval 0 C; C O Z m aJ n C O N U rI � M 0 O f1 d [Y t0 N c O y N E E 0 U m c E c m a M c d E z U A Q C d E t U t0 a Packet Pg: 660 . _ . . ... _. .. ........ .. ATTACHMENT D U N O a` m Mitigation Monitoring Reporting Program for 3 0 National Orange Show Industrial Project m City of San Bernardino, San Bernardino County, California 0 A 0 0 z m r Prepared for: Lewis Retail Centers 1156 N. Mountain Avenue Upland, California 91786 s Contact: Mr. Timothy Reeves, VP Retail Project Development N N M L O Prepared by: Michael Brandman Associates 621 E. Carnegie Drive, Suite 100 y San Bernardino, CA 92408 0 909.884.2255 "m a E Contact: Bob Prasse, Branch Manager o U at c_ %Nfh _ M6.1 Bondman A. i=, C E E z March 15, 2012 ,U, a d E U A Q t±aeket P� ti6i=.; t�eCt_ e � IL = 3 w F F O O L E mo „ a ° d aQ o� m0 c " mp, mU° a a amA gj o '� Edjc:dc SEE > � O Y U0.1V La C] a, afAA , UCIUOC'a a. m C O O CL A C g Z R -6 p U ,ad^3 ii S ° p�p U C F 8 f� c c u Ec = - aE = ._ o F v O O .° 'Ca � 'OO OpCpQ a >o > 'n a o n' v m e � 0 10 c F 2 r c o N a ai n m o o � N `d � 0o me m° ,� yon E t <0 oC4 ° rte 2 .2 >e' 0 0ti � m "g d y ° Ear � E > E U o b o 3 y c C o O c - 2 d m .- 9 O C C O w E °g 7 Y1 O A d~C. 0` u� N m O d m O'tii N W 3N - °' c � '-d «°' a oil =' o A v p o ,o 'Om R.m Z f riaE u v o 0 3 � � m� aEi a° O o $>+ $ F° ��ai r°3 °c �cag 0'a0'�!', �3 eEo °= $a =ywa°i zrcyy CL g e 053 � ao ac c u 0 yvd :° � sFO. y > x� m gAE .sgSOepAp�� ° .' o aoraom0 °� $ 'o m . a H � d '� °" oW °off > dw` moCrii � aa0 �3 � c �� � w° 3 ° x: 50 «° cm°, � a S c a w E m � a O W c a man o m ip N Q 2 ° _ ?_ � a a 0 3 £ y O N o v u C U W U ❑ ❑ a O m Z v ° u C O N O a > m w K 0 c Oq yW c00dm ri v8°-. a a C 4e N td W � N c c,° m v`o v � J ?ia��' � � ai p y d d_ °�' •• O .£ E .-. � 9 p L C W 6 Y u •O � .+ C � � � m a� W � p. � � �-' m " `° � ° 0 2 c Y E C ox o 5 cv a m oc o i v aOT o $ «v f 9c '4 m� c. 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ATTACHMENT E u d 'o i m N DRAFT ENVIRONMENTAL IMPACT REPORT a 0 L AND c A FINAL ENVIRONMENTAL IMPACT REPORT o c 0 (CD FORMAT) Z r c 0 2 d N OJ N M O o. d N Vf c 0 .y N �E E 0 U m c c c m a M c a E t U R Q C d E r u m x Q Packet Pg.616 7.A.c ATTACHME National Orange Show Industrial Project Introduction Findings of Fact for Environmental Effects Findings of Fact for Environmental Effects o of the National Orange Show industrial Project li 71t�N"Fv `l��/ifCTION� w._ - c 1.1 -Overview and Introduction 3 0 s The City of San Bernardino,through the City Council(City),is the lead agency for the National w Orange Show Industrial Project,as defined in Section 15376 of the CEQA Guidelines,and is"the o] c @ public agency that has the principal responsibility for carrying out or approving a project." 0 m All of the actions listed below are referred to collectively as the"Project Approvals." The Project o Approvals encompass the approvals for the Project for purposes of CEQA and CEQA Guidelines z section 15378 and these determinations of the City. r The following approvals apply to the Project: c Table 1: Actions and Approvals °- N Lead Agency Aedon °✓ City of San Bernardino Adopt a resolution to certify the Final EIR and adopt the MMP for m the Project N vi City of San Bernardino General Plan Amendment c City of San Bernardino - Zone Change d City of San Bernardino Planning Permit/Site plan approval to construct four industrial buildings City of San Bernardino Tentative Parcel Map to subdivide the larger portion of the site north .N 2 0 of Central Avenue into three parcels E E These Findings,along with the Statement of Overriding and the MMRP,are made with respect to the E Project Approvals for the Project and state the Findings of the Planning Commission relating to the o, potentially significant environmental effects of the Project in accordance with the Project Approvals. The following Findings,along with the Statement of Overriding Considerations,and MMRP are @ a hereby adopted by the Planning Commission as required under CEQA,Public Resources Code Sections 21081,21081.5 and 21081.6,and CEQA Guidelines sections 15091 through 15093,for the d Project: E U As stated in CEQA Guidelines section 15091: c (a) no public agency shall approve or carry out a project for which an EIR has been certified m E which identifies one or more significant environmental effects of the project unless the public @ agency makes one or more written Findings for each of those significant effects, a Michael Brandman Assoc latex r N:\Cliw(PNJN]`4015\WI]OISfPiMinys`ODI)0156NawW Qm{<Slww Fmtliry,ofF,c10]1a-3013.EOe National Orange Show Industrial PMJMI t Introduction of Fact for Environmental MV" In ts accompanied by a brief explanation of the rationale of each Findings. The possible Findings d 0 are: a 1. Changes or alterations have been required in,or incorporated into,the project which m avoid or substantially lessen the significant environmental effect as identified in the .y 3 Final EIR[hereinafter,"Finding 1"]. O 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and have been,or can and should be,adopted by that other agency 0 [hereinafter,"Finding 2"]. m 3. Specific economic,legal,social,technological or other considerations,make w infeasible the mitigation measures or project alternatives identified in the final EIR O m c [hereinafter,"Finding 3"]. o (b) The required by subdivision(a)shall be supported by substantial evidence. z (c) The finding in subdivision(a)(2)shall not be made if the agency making the finding has concurrent jurisdiction with another agency to deal with identified feasible mitigation n measures or alternatives. The finding in subdivision(a)(3) shall describe the specific reasons for rejecting identified mitigation measures and project alternatives. o y d) 1.2 - Background — N In compliance with the requirements of the California Environmental Quality Act(CEQA)and the N CEQA Guidelines,the City of San Bernardino has conducted an environmental review of the proposed National Orange Show Industrial Project("Proposed Project"or"Project"). A Notice of a m Preparation(NOP)was released for public review on July 7,2011. The Draft Environmental Impact of Report(EIR)was released on December 9,2011. After receiving public comment on the Draft EIR, m n the City of San Bernardino prepared Responses to Comments(RTC)on the Draft EIR. The RTC c 0 document includes the verbatim comments received on the Draft EIR,a list of those commenting,and .N the City's responses to the significant environmental points raised. These Findings are based upon 'E the information contained in the Record of Proceedings,including the Final EIR,which includes the £ 0 U Draft EIR and Technical Appendices,the RTC,City staff reports,Project applicant provided M S materials,testimony presented during public hearings,and all of the materials set forth in the Record S c m of Proceedings. c. n The CEQA Public Resources Code Section 21000 et seq.provides that"public agencies should not � approve projects as proposed if there are feasible alternatives or feasible mitigation measures d E available which would substantially lessen the significant environmental effects of such projects" (CEQA Section 21002;emphasis added). The procedures required by CEQA"are intended to assist G public agencies in systematically identifying both the significant effects of proposed projects and the feasible alternatives or feasible mitigation measures which will avoid or substantially lessen such alternatives E significant effects"(CEQA Section 21002;emphasis added). ° C a Michael Brandman Associates Y xrn;�dax.m)mueoiwisewndinimiwiw Nmow oendrsno-r'iMiop,re:i oM4-20i_doc National Orange Show Industrial P(O Jett Introduction Findings of Fact for Environmental Enacts CEQA provides that a public agency has an obligation to balance a variety of public objectives, including economic,environmental,and social factors and,in particular,the goals of providing a employment opportunities for highly trained workers,and providing a satisfying living environment m for every Californian(Public Resources Code Section 21081;CEQA Guidelines, 14 Cal.Code of Regulations,Section 15021(d)). CEQA also provides that"in the event [that]specific economic, social,or other conditions make infeasible such project alternatives or such mitigation measures, c individual projects may be approved in spite of one or more significant effects thereof' (Public 0 Resources Code Section 21002). CEQA requires decision-makers to balance the benefits of a c proposed project against its significant unavoidable adverse environmental impacts,and,if the 0 benefits of a proposed project outweigh the significant unavoidable adverse environmental impacts, O� the unavoidable adverse environmental impacts may be considered"acceptable"by adopting a o "Statement of Overriding Considerations"(CEQA Guidelines, 14 Cal.Code of Regulations, z Section 15093). The Statement of Overriding Considerations must set forth the project benefits or reasons why the Lead Agency is in favor of approving the project and must weigh these benefits against the project's adverse environmental impacts identified in the Final EIR that cannot be mitigated to a less-than-significant level. c 0 N Because the National Orange Show Industrial Project Draft EIR identified significant effects that may > /-+ occur as a result of the proposed Project,and in accordance with the provisions of CEQA and the w ` CEQA Guidelines,the City Council of the City of San Bernardino hereby adopts these Findings, N �•+` Findings of Fact and Statement of Overriding Considerations. For each of the significant effects identified in Section 2,as set forth in greater detail in these Findings below,the City Council makes a the fording under Public Resources Code Section 21081(a)(1)and/or(a)(2). For each of the significant effects identified in Section 3,asset forth in greater detail in these Findings below,the la City Council makes the finding under Public Resources Code Section 21081(a)(3). n c 0 y In accordance with the provisions of CEQA and the CEQA Guidelines,the City Council of the City of San Bernardino has independently reviewed the record of proceedings,and based on the evidence £ 0 in the Record of Proceedings adopts these Findings of Fact and Statement of Overriding Considerations. 'c c c la 1.3- Custodian and Location of Records a M The documents and other materials that constitute the administrative record for the City of San Bernardino's actions related to the proposed Project are located at the City of San Bernardino E Community Development Department(300 N."D"Street,3'a Floor, San Bernardino,California, 92418)and the Feldheym Public Library(555 W. a Street, San Bernardino,California,92410). The City of San Bernardino Community Development Department is the custodian of the record of E proceedings for the Project. Copies of these documents,which constitute the record of proceedings, u are and at all relevant times have been and will be available upon request at the office of the :? C a 9 Michael8rardman Associates n``TIMI(PN-ft0MI3!001101WF1M VeM1301 6Ka,,"Orate Sro pjMi off 403.143011.dx National orange Show Industrial Projec Introduction Findings of Fact ror Environmental=1t Community Development Department. This information is provided in compliance with Public Resources Code Section 21081.6(a)(2)and CEQA Guideline Section 15091(e). 0 n. m 1.4- Project Description The proposed Project includes the construction of four industrial buildings comprising approximately c 752,710 square feet of building area on approximately 38.1 acres(32.86 acres north parcel and 4.32 0 acres south parcel). Building sizes will range from approximately 27,810 square feet to 616,000 square feet. Regional access to the Project site would be provided by Interstate 215(1-215)to the M west of the site,1-10 to the south,and State Route 210(SR-210) to the north. This location was o strategically chosen to minimize traffic impacts by locating an industrial use with trucking close to major freeways. The existing uses of the property,parking and storage,do not maximize its potential 2 as an industrial site located near the freeway. The City of San Bernardino General Plan Map and Zoning Map(2005)designates the proposed Project site for Public Commercial Recreation(PCR),and Heavy Commercial(CH). In order to P accommodate the proposed project,a zone change/general plan amendment will be required to re- `o designate the property from approximately 37.18 acres of PCR and CH to Industrial Light(IL).The PCR and CH designation reflects historical use of the main part of the site as an overflow parking of area for the National Orange Show grounds located on the west side of Arrowhead Avenue. 1.5- Project Objectives c a The following Project Objectives have been established for the National Orange Show Industrial Project. t6 U) 06J-1 Implement a General Plan Amendment and Zone Change,to provide for the orderly o N transition from Public Commercial Recreation(PCR)to Light Industrial(LI). E E OBJ-2 Convert currently underutilized land on the Project site to industrial uses that will o U create jobs and enhance the City's tax base. °1 c E c OBJ-3 Provide an industrial park that supports a wide range of warehouse distribution and n a. industrial tenants. n c OBJ-4 Provide convenient freeway access to trucks that will use the warehouse distribution E E facilities on the Project site. A Q OBJ-5 Cluster industrial uses near existing roadway and freeways to reduce traffic congestion and air emissions. E E L U 0BJ-5 Facilitate goods movement for the benefit of local,regional,statewide and nationwide economic growth. Michael Brandman Associates H:`LI'ml fPNdNI`ml]W000156ffinGirypMpU0156 NnlenJ Ovntl<]Iww Pindns of Poe�O-i0`0'1 an, Packet Pg. 680 National Orange Show Industrial Prolect Introduction Findings of Fact for Environmental Effects 08J-7 Complete the National Orange Show Industrial Project with necessary infrastructure while incorporating high quality,consistent design standards. .o n. 08J-9 Accommodate new in611 development that in an orderly manner that will fully utilize C m existing infrastructure and public improvements. OBJ-9 Provide new development that will assist the City in obtaining fiscal balance in the o L years and decades ahead. d m c OBJ-10 Provide additional employment opportunities on the Project site. O m 1.6- Record of Proceedings o For purposes of CEQA and these Findings,the Record of Proceedings for the proposed Project z consists of the following documents and other evidence,at a minimum: m • The Notice of Preparation(NOP)and all other public notices issued by the City in connection c with the proposed Project; °— n • The Final Environmental Impact Report(Final EIR)for the proposed project,which consists of the Draft EIR,the Technical Appendices,and the Response to Comments(RTC); N • The Draft EIR; ,.N2 • All written comments submitted by agencies and members of the public during the public o. m review comment period of the Draft EIR; m • All responses to written comments submitted by agencies or members of the public during the m public review comment period of the Draft FIR; o N N • All written and verbal public testimony presented during a noticed public hearing for the .E proposed Project at which such testimony was taken; E • A Mitigation Monitoring and Reporting Program(MMRP); c c • The documents,reports and technical memoranda included or referenced in the Technical M a Appendices of the Final EIR and/or referenced in the Final EIR; M • All documents,studies,MRS,or any other materials incorporated by reference in the Draft EIR w and Final EIR and/or referenced in the Draft EIR or Final EIR; E U A • The ordinances and resolutions adopted by the City of San Bernardino in connection with the proposed Project,all documents incorporated by reference therein; m • Matters of common knowledge to the City of San Bernardino, including but not limited to, federal,State,and local laws and regulations and policy documents; Michael Brandman Associates 5 a:'Glimi IPNJN)Ng13WJ1)0156V1na,p`Gen0i56 Netim+l OmOe SFOw rWi�dFM 01-103012tl Packet Pg.681 National Orange Show Industrial Project Introduction Flndinps orFact for Environmental ENects • written correspondence submitted to the City of San Bernardino in connection with the m 0 proposed Project; a` • All documents,City staff reports,City studies,and all written or oral testimony provided to the City of San Bernardino in connection with the proposed Project,as well as City responses to 3 v any letters received after the close of the public review period,if any; 5 3 0 • Any documents expressly cited in these Findings; N m • The City of San Bernardino's General Plan and the City's Zoning Ordinance; m • All testimony and deliberations received or held in connection with the proposed Project in a 0 m public meeting;and o • Any other relevant materials required to be in the record of proceedings by Public Resources z Code Section 21167.6(e)excluding any and all privileged materials,including materials r submitted to the City of San Bernardino by the Project applicant. c 1.7- Environmental Review and Public Participation 0 m In June 2011,the City of San Bernardino determined that the proposed Project may have significant tu affects on the environment and that an EIR should be prepared to analyze the potential impacts "I associated with approval and implementation of the proposed Project. On July 7,2011,in accordance °J with Section 15082 of the CEQA Guidelines,the City of San Bernardino distributed a Notice of Preparation(NOP)of an Environmental Impact Report to the State Clearinghouse,local and regional m responsible agencies,and all other interested parties. The City held an advertised,public scoping meeting on the NOP on July 13,2011 to provide: (a)information regarding the proposed Project and rn (b)an opportunity for public input regarding project issues that should be addressed in the Draft EIR. o y N A total of six agencies responded to the NOP. A copy of the NOP,and the responses received during E the 30-day public review period are contained in Appendix A,Notice of Preparation and E Correspondence,of the Subsequent Draft EIR. of c c Over the course of a seven-month period,the Draft FIR for the proposed Project was prepared and c n a circulated for review and comment by the public,agencies,and organizations fora 45-day public , n review period that began on December 9,2011,and ended January 23,2012. A Notice of Completion (NOC)of the Draft FIR was sent to the State Clearing House and the Draft EIR was circulated for £ State review through the State Clearinghouse,(SCH.No. 2011071017). A Notice of Availability (NOA)of the Draft EIR for review was mailed to approximately 90 property owners within a 300- foot radius of the Project site,as well as any interested parties that requested notification regarding m the proposed Project and/or EIR. E s U a a Michael Brantlman Associates Ne`CIigN 1]N-INIaaOYAlJ0156Ointlx�➢YIN1156 Natimel Uanp[Show F,M h,.t F.101.1<:OL'.dac Packet.Pg. 682 National Orange Show Industrial Project Inhoducgon Findings of Fact for Environmental Effects During the public review period,one comment letter on the Draft EIR was received. All comments received on the Draft EIR were responded to in writing. The RTC,which is a component of the Final a EIR,was distributed to commentors on March 15,2012 in accordance with Section 15088(b)of the m CEQA Guidelines. The RTC was also made available for public review at the Feldheym Public .y Library,located at 555 W.6th Street,San Bernardino,California,92410. n There have been numerous opportunities for public review and comment concerning both the 0 proposed Project an m d the environmental documents prepared for the Project,including the public � m forums set forth below: m O • City of San Bernardino Planning Commission meetings;and C 0 • City of San Bernardino City Council meetings. .2 Z m 1.8 - General Findings ° The City of San Bernardino hereby finds as follows: c 0 • The City of San Bernardino is the"lead agency"for the proposed Project evaluated in the Final d EIR; N • The Draft EIR and the Final EIR were prepared in compliance with CEQA and the CEQA 00 N Guidelines; M r • The City of San Bernardino has undertaken an independent review to analyze the Draft EIR o a and the Final EIR,and these documents reflect the independent judgment of the City Council; m • A Mitigation Monitoring and Reporting Program(MMRP)has been prepared requiring in c mitigation measures and/or the changes to the proposed Project,which the City of San Bernardino has adopted and made a condition of approval of the proposed Project. The MMRP E is incorporated herein by reference and is considered a part of the Record of Proceedings for o the proposed Project; m • The MMRP designates responsibility and anticipated timing for the implementation of R Mitigation; a • The City of San Bernardino will serve as MMRP coordinator; c v • In determining whether the proposed Project has a significant impact on the environment,and .EE in adopting these Findings pursuant to Section 21081 of CEQA,the City has complied with CEQA Section 21081.5 and 21082.2; C c • The impacts of the proposed Project have been fully analyzed to the extent feasible at the time E L of certification of the Final EIR; Michael 8randwen Associates 7 wVim(FN4NPW[3WI Ni M rii np`G01301W NWa om SM AMnp orFm 03 14-2012.a Packet Pg. 683 Nothmal Orange Show Intluablal Protect Introduction Ftndings or Fact for Envlronmsndl ENecls • The City of San Bernardino reviewed the comments received on the Draft FIR and the responses thereto,and has determined that neither the comments received nor the responses of a such comments add significant information regarding environmental impacts of the Draft EIR. A The City of San Bernardino has based its actions on full appraisal of all view points,including .y all comments received up to the date of adoption of these findings,concerning the environmental impacts identified and analyzed in the Final EIR; 3 0 r • The responses to the comments in the Draft EIR,which are contained in the Final EIR,clarify and amplify the analysis in the Draft EIR; m • Having reviewed the information contained in the Draft EIR,the Final EIR,and the Record of O Proceedings,as well as the requirements of CEQA,and having analyzed the changes in the o Draft EIR that have occurred since the close of the respective public review periods,the City of z San Bernardino finds that there is no new significant information in the Final FIR and finds m that recirculation is not required; • The City of San Bernardino has made no decisions that constitute an irretrievable commitment of resources toward the proposed Project prior to certification of the Final EIR,nor has the City w previously committed to a definite course of action with respect to the proposed Project; • The City of San Bernardino has independently analyzed the EIR prepared for the proposed fd Project,and has independently considered the imposition of mitigation measures and all other N matters related thereto;and r 0 • Copies of all the documents incorporated by reference in the Final EIR are and have been 0 tY available upon request at all times at City of San Bernardino Community Development m Department,the custodian of records for such documents and other materials. rn c 0 Having received,reviewed,and considered all information and documents on the record,the City of San Bernardino hereby conditions the proposed Project as set forth in the Conditions of Approval,the c Mitigation Monitoring and Reporting Program,and finds as stated in these Findings of Fact and v m Statement of Overriding Considerations. E c a. M c 0 E z U A Q G U E U U 2 f-- a a Michael Brandman Associates K 501560odiw=1301%NMO"0 -e Show Pindi�of Fut 05-11 2012 dm Packet Pg. 6g4 National Orange Show Industrial Project Impacts Declared To Be Less Than Significant (NO Mitigation Required) Findings of Fact for Emlronmemal Effects Is --1NIIi° =�• a fO BE LESS IM $iG1 _JC TF (NO U f�fGW fO VOWIRED) o -- — tl The City agrees with the characterization in the Final EIR with respect to all impacts identified as m "less than significant"and finds that those impacts have been described accurately and are less than v significant or present no impact as so described in the Final EIR. Under CEQA,no mitigation � measures are required for impacts that are less than significant. (Pub.Resources Code, § 21002; 0 CEQA Guidelines, §§ 15126.4,solid. (a)(3); 15091.) This finding applies to the impacts described in rn w the following sections °] c m O Aesthetics (Section 3.1) E C 0 • Impact AES-1: Substantial adverse effect on a scenic vista. is Z • Impact AES-2: Impacts to scenic resources. n • Impact AES-3:Degradation of the project area visual character. • Impact AES-4:New source of substantial light or glare which would adversely affect day or c 2 nighttime views. .> • Impact AES-5: Cumulative significant impact on the visual character of the broader Project area. °D N ai Y Agriculture Resources (Section 3.2) o a d C • Impact AG-1: Conversion of prime farmland,unique farmland,or farmland of statewide importance(farmland)to non-agricultural use. r� c 0 • Impact AG-2:Conflict with existing zoning for agricultural use,or a Williamson Act contract. •N • Impact AG-3:Changes in the existing environment which could result in conversion of E 0 Farmland to non-agricultural use, v m c • Impact AG-4: Cumulative contribution to the conversion of prime and unique farmland or •� conversion of farmland to non-agricultural uses. a 1. Air Quality(Section 3.3) E E • Impact AQ-l: Conflict or obstruction of implementation of the SCAQMD Air Quality Management Plan. • Impact AQ-2:Violate any air quality standard or contribute substantially to an existing or m E projected air quality violation. t a • Impact AQ-5:Creation of objectionable odors affecting a substantial number of people. Q 9 Michael Brandman Assoclat•s H`Llimt(PN-INY�O�]bJ�]0�]6U"d'"•�I]0156 NenwW enry{s SMw FiMl�a ufFra 0]n.201i do. Impacts Declared To Be Less Than Significant National orange Show Industrial Project (No Mitigation Required) Findings of Fact for Environmental Effects Biological Resources (Section 3.4) 0 • Impact BR-2: Impacts on any riparian habitat or other sensitive natural community. a` m • Impact BR-3: Impact on federally protected wetlands as defined by Section 404 of the Clean Water Act. c • Impact BR-4: Interference with the movement of any native resident or migratory fish or 3 0 wildlife species or with established native resident or migratory wildlife corridors,or impede the use of native wildlife nursery sites. • Impact BR-5:Conflict with local policies or ordinances protecting biological resources. 0 C • Impact BR-6: Conflict with an adopted Habitat Conservation Plan,Natural Community D— M Conservation Plan,or other approved local,regional,or state habitat conservation plan. z • Impact BR-7: Cumulative impact on any sensitive species,habitat,or wetland, interfere with `p the movement of wildlife,or conflict with any local policies,ordinances,or habitat conservation plans to protect biological resources. o N Cultural Resources(Section 3.5) N • Impact CR-I: Changes in the significance of a historical resource. ;; N M • Impact CR-3: Destruction of a unique paleontological resource or site or unique geologic 0 feature. v • Impact CR4: Disturbance of any human remains. rn C Geology and Soils Section 3.6) _ D— Mn • Impact GS-2: Soil erosion or the loss of topsoil. £ E 0 U • Impact GS-4: Risks related to expansive soil. M • Impact GS-5: Soils incapable of adequately supporting the use of septic tanks or alternative _m wastewater disposal systems. a M c Greenhouse Gases (Section 3.7) E r u • Impact GHG-1: Generation of greenhouse gas emissions. Q • Impact GHG-2: Conflict with an applicable plan,policy,or regulation adopted for the purpose of reducing the emissions of greenhouse gases. E s u 10 a 10 Michael Brandman Associates HMIi•aJM-js)0013U110156TsMiW=1301%Neim er eSh,w Fiwl IFFan 0114 2012 dac Packet Pg.686 7.A.c National Orange Show Industrial Project impacts Declared To Be Less Than Significant Findings o/Fact for Environmental Effects Mo Mh7gation RequlredJ Hazards and Hazardous Materials(Section 3.8) w 0 • Impact HHM-1:Hazards related to the routine transport,use,or disposal of hazardous 0- m materials. y • Impact HHM-2:Upset and accident conditions involving the release of hazardous materials into the environment. 3 0 s • Impact HHM-3:Hazardous emissions or handle hazardous or acutely hazardous materials, substances,or waste within one-quarter mile of an existing or proposed school. m • Impact HHMA: Location on a list of hazardous materials sites. O m c • Impact HHM-5: Location within an airport land use plan or within two miles of a public 00 airport. m • Impact HHM-6:Location within the vicinity of a private airstrip. n • Impact HHM-7: Impairment or interference with an adopted emergency response plan or c emergency evacuation plan. 0_ N • Impact HHM-8:Risks involving wildland fires. of • Impact HHM-9:Cumulative hazard to the public or the environment with respect to the handling of hazardous materials,substances,and waste;airport safety; the impairment of M emergency response,or wildland fire hazard. r 0 a 0 tY Hydrology and Water Quality(Section 3.9) m • Impact HWQ-1:Violation of water quality standards or waste discharge requirements. o 0 • Impact HWQ-2:Depletion of groundwater supplies or interference with groundwater recharge. MA • Impact HWQ-3: Alteration of the existing drainage pattern of the site or area resulting in o 0 erosion or siltation. 81 c • Impact HWQ-4:Alteration of the existing drainage pattern of the site or area resulting in Flooding. a n • Impact HWQ-5:Creation or contribution of runoff water which would exceed the capacity of 0 existing or planned stormwater drainage systems or provide substantial additional sources of E U polluted runoff. :? • Impact HWQ-6: Degradation of water quality. c 0 • Impact HWQ-7: Placement of housing within a 100-year flood hazard area. E U @ Q Michael Brandman Associates t r e^CIiwo(M-M)WU10013015NindinoWl 30)%N4on4 O WShow fin&W oFFm 0M1201Idoe ''Packe Pg'-687 ' i 7.A.c Impacts Declared To Be Less Than Significant National Orange Show Industrial Project (No Maigelfon Requlnd) Findings of Fact for Environmental Effects • Impact HWQ-8:Placement within a 100-year flood hazard area structures which would impede or redirect flood flows. ° n. • Impact HWQ-9: Exposure of people or structures to a significant risk of loss,injury or death involving flooding. 9 c • Impact HWQ-10: Subject to inundation by seiche,tsunami,or mudflow. 3 0 • Impact HWQ-11:Cumulative impacts with respect to water quality,erosion,siltation,or y v hazards from flooding. c n O Land Use and Planning (Section 3.10) 0 • Impact LUP-1:Division of an established community. R Z • Impact LUP-2:Consistency with any applicable land use plan,policy,or regulation. r • Impact LUP-3:Conflict with any applicable habitat conservation plan or natural community `- conservation plan. o 0 • Impact LUP-4:Cumulative impacts with respect to the physical division of an established 'T community,conflicts with applicable land use plans,policies or regulations,or conflicts with N any applicable habitat conservation plan or natural community conservation plan. M Mineral Resources (Section 3.11) o m • Impact MR-I: Loss of availability of a known mineral resource. `m • Impact MR-2: Loss of availability of a locally-important mineral resource recovery site rn c delineated on a local general plan,specific plan or other land use plan. °— y • Impact MR-3:Cumulative loss of known mineral resources or contribute to the cumulative loss E of availability of locally-important mineral resource recovery sites delineated on local general 0 U plans,specific plans or other land use plans. c c m Noise (Section 3.12) M • Impact N-2: Exposure of persons to or generation of excessive groundborne vibration or u groundborne noise levels. E u • Impact N-3:Increase in ambient noise levels in the project vicinity. • Impact N-5:Location within an airport land use plan or within two miles of a public airport and exposure to excessive noise levels. 2 U • Impact N-6: Within the vicinity of a private airstrip,exposure to excessive noise levels. Q 17 Michael Steadman Associates K,clim(PN-INI'a01JW0110136•FMinyVpU01J6 Naiona OmY.SLw FlMlvgi of5n W-H-2011&,, Packet Pg. 688 National Orange Show Industrial Pngwr Impacts Declared To Be Less Than Significant Findings of Fact re,Environmental Effects (No Mitigation Required) Population and Housing (Section 3.13) v 0 • Impact PH-1: Induce population growth in an area. 0- m • Impact PH-2: Displace existing housing,necessitating the construction of replacement housing y elsewhere. c • Impact PH-3:Displace substantial numbers of people,necessitating the construction of 0 replacement housing elsewhere. rn m • Impact PH-4: Cumulative population growth or the substantial displacement of either housing m O or peoples in the area. C 0 Public Services(Section 3.14) z • Impact PS-1:Substantial adverse physical impacts associated with the provision of new or physically altered fire facilities. • Impact PS-2: Substantial adverse physical impacts associated with the provision of new or o physically altered police facilities. d • Impact PS-3: Substantial adverse physical impacts associated with the provision of new or N physically altered school facilities. of • Impact PS4:Substantial adverse physical impacts associated with the provision of new or r 0 physically altered park facilities. m • Impact PS-5: Substantial adverse physical impacts associated with the provision of new or A physically altered other facilities. m C 0 • Impact PS-6:Cumulative substantial adverse physical impacts associated with the provision of 'N new or physically altered fire,police,school,park,or other facilities. E 0 U Recreation (Section 3.15) ° c • Impact R-1:Increase the use of existing neighborhood and regional parks or other recreational A a facilities such that substantial physical deterioration of the facility would occur or be M accelerated. v • Impact R-2: Inclusion or expansion of recreational facilities. m • Impact R-3:Cumulative impacts on recreation facilities. Q 0 E • Impact T-4: Increase hazards due to a design feature or incompatible uses. M (� • Impact T-5: Inadequate emergency access. 4 `•✓ Michael Bondman Assoc' W 13 H'�Cliex(PNJNW]I)W01)0156�F�Minye001)OISb Naiwul Qanµ'SMw FiMinya elFa[I US-14101S.tlac "Pa'cketPg. 689 7.A.cviiii National Orange Show Industrial Project Impac6 DaelanW TO Ba Leas Than 5'1gnMCant Findings of Fact or Environmental Effects (NOM/Ogaflon RMU7red1 • Impact T-6:Conflict with adopted policies,plans,or programs regarding public transit,bicycle, d 'o or pedestrian facilities,or otherwise decrease the performance or safety of such facilities. a m Utilities and Service Systems(Section 3.17) " v c • Impact U-1:Exceed wastewater treatment requirements. 3 0 L • Impact U-2: Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities. • Impact U-3:Require or result in the construction of new storm water drainage facilities or M expansion of existing facilities. 0 0 • Impact U-4: Sufficient water supplies available to serve the project from existing entitlements z m and resources. (P • Impact U-5: Result in a determination by the wastewater treatment provider that it has adequate capacity to serve the project's projected demand. o .y • Impact U-6: Served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs. N • Impact U-7: Compliance with federal,state,and local statutes and regulations related to solid N waste. 0 0 • Impact U-8: Cumulative impact related to utilities and service systems. d fY tt M U) c 0 y Vl E E O U m c c c a. M C d E L U A Q C d E L U (\��• a1 14 Michael Brandman Associates a:Wlim(PN-1M'a(fU`e01b11156V'iM1��001]a156 N.nond O,Sbow F,M,p of Fwt m-li-?cL d� Packet Pg. 690 National Orange Show Industrial Project Impacts Mitigation to a Findings of Fact for Environmental Effects Less Than Significant Level �. �y�,a14{pp-P_E�i'��fA17'�ATER TO.A EESiN SIGNIFICANT LEVEL .a The Final Environmental Impact Report(Final EIR)for the National Orange Show Industrial Project ti identifies significant individual project-level and cumulative adverse impacts of the proposed Project, m as well as proposed mitigation measures that would avoid or lessen impacts to less than significant. 3 Those impacts and mitigation measures are identified in the following sections. The San Bernardino City Council finds,based on the facts set forth in the record,which include but are not limited to the o facts as set forth below,that the incorporation of the identified mitigation measures would mitigate y a the identified significant individual project-level and cumulative adverse impacts to levels that are considered less than significant. These findings have been prepared and considered in accordance with California Environmental Quality Act(CEQA)Guideline 15091. 0 Air Quality z Impact A04: The project could expose sensitive receptors to substantial pollutant n concentrations. Potentially Significant Impact C 0 The proposed Project would emit air pollutants during construction and operation that could impact .A nearby sensitive receptors. N (� Findings cO �r N Pursuant to CEQA Guidelines Section 15091 (a)(1),changes or alterations have been required in,or C° C incorporated into,the proposed Project that avoid or substantially lessen the significant environmental °o. v effect as identified in the Final EIR. z t m Facts In Support of the Finding c The potentially significant project-specific environmental impact has been eliminated or substantially w a lessened to a level that is less than significant by virtue of the following mitigation measure as 'L identified in the Final EIR and incorporated into the proposed Project. E 0 U m MM AIR-1b During operation,the following measures shall be complied with: c c m • Prohibit onsite truck idling in excess of five minutes. a . In order to reduce the project's operation diesel particulate matter emissions, P� prior to the issuance of building permits,the project applicant shall require by d contract specifications that signs shall be posted on the site in loading bay areas informing truck drivers of the California Air Resources Board =° regulations that limit truck idling to no more than five(5)minutes on site. The G developer/successor-in-interest shall establish a complaint line for complaints E regarding smoke,noise,and idling in excess of 5 minutes. This complaint line m shall be a toll free 1-500 number and posted on visible signs. Q Michael Brandman Associates t5 H:NO—(PN IN)WOM1301%7Wm0,b0n01MNtim 0. Zc S"FiM,r MF,n03.I4.10126 Packet Pg. 691 7.A.c Impxtr Maipation ro a National Orange Show Industrial Pmisct Lass Than SipngkaM Laval Findings or Fact for Environmental Effects • Use electricity,propane,butane,or natural gas to power onsite off-road v 0 equipment(i.e.,forklifts,etc.)instead of diesel or gasoline. .o n. MM AIR-7c During operation,the following measures shall be complied with: '? y J • At project start,all heavy-duty trucks entering the property must meet or exceed EPA 2007 engine emission standards. 3 0 • Beginning in 2015,all heavy-duty trucks entering the property must meet or N exceed 2010 engine emission standards. • If the above clean truck requirements are infeasible,a phase-in schedule m should be put forth that will feasibly achieve emission reductions as soon as 0 M possible. o . The facility operator will maintain a log of all trucks entering the facility to z ensure that on average,the daily truck fleet meets the emission standards listed in the EIR. This log should be available for inspection by city staff at any r time. • The facility operator will ensure that site enforcement staff in charge of e keeping the daily log and monitoring for excess idling will be trained/certified A in diesel health effects and technologies[for example,by requiring attendance ` at CARB approved courses(such as the free,one-day Course#512)]. • Require at least a portion of the fleet to utilize alternative fueled technologies. N • Create a buffer zone,which can be office space,employee parking,greenbelt, H6 C etc.between the warehouse and sensitive receptors. 0 • Prohibit all vehicles from idling in excess of five minutes on site. • Have truck routes clearly marked with trailblazer signs, so trucks will not enter R N residential areas. 0 • At a minimum,require tenants upon occupancy that do not already operate .N 2007 and newer trucks to apply in good faith for funding to replace/retrofit their trucks,such as Carl Moyer,VIP, Prop I B,or other similar funds. Should U funds be awarded,the tenant should also be required to accept and use them. • Require facility operator to become SmartWay Partner upon start of R operations. a • Require facility operator to incorporate incentives and requirements such that the maximum feasible number of truck trips(e.g.,90%)will be carried by SmartWay 1.0 or greater carriers within the shortest timeframe possible(e.g., E 0 three years). According to the Draft EIR,the estimated maximum increased cancer risk and chronic hazard index c: R for the maximally exposed on-site worker and the closest residential receptor to the project boundary from on-site idling and running emissions were compared with the SCAQMD CEQA thresholds. The analysis assumed that the trucks would idle onsite for 5 minutes and that there would be no onsite off- Q rS Michael Brandman Associates 11'A hm1(PNJWM13N13Q156WiMInp4gU0156 N,foml(hmp SM FIMIn,ofFml al-la 2012 National Orange Show Industrial Project Impacts Mitigation to a Findings ofFaet thr Environmental More Less Than Significant Level W road equipment(i.e.,forklifts,etc.). The comparison of cancer risk and chronic hazard index to the thresholds is shown in Table 3.3-10. The increased cancer risk and chronic hazard index for both o worker and receptor are below the SCAQMD CEQA thresholds. a R To ensure that risks remain less than significant,mitigation is required. Without proper mitigation to a regulate truck idling and the use of diesel and gasoline,the impact to nearby sensitive receptors would S remain potentially significant. Mitigation Measure AIR-lb and AIR-1c limits onsite truck idling and 0 the use of diesel or gasoline,thereby decreasing the operational risk associated with on-site toxic air rn v contaminants. The implementation of Mitigation Measure AIR-lb and AIR-1 e,as further described 81 m in the EIR,would reduce the impacts to a level that is less than significant. Based on the analysis contained in the EIR,other considerations in the record,and the standards of significance,the City finds that implementation of Mitigation Measure AIR-lb and AIR-le would ensure that impacts 0 related to sensitive receptors would be reduced to a less-than-significant level. Z m Reference: Section 3.3,Air Quality,of the Draft EIR. Biological Resources `o .y Impact BR-1: The project could have a substantial adverse effect,either directly or through habitat modifications,on a species identified as a candidate,sensitive,or special status species in local or regional plans,policies,or regulations,or by the California Department of Fish and Game or U.S.Fish and Wildlife Service. Potentially Significant Impact r wTrees on the Project site could provide suitable nesting habital for a number of bird species that would fall under the protection of the Migratory Bird Treaty Act(META). lfground disturbance occurs during the nesting season(February through August). nesting birds may be directly or R (nn indirectly impacted. o a N Findings E Pursuant to CEQA Guidelines Section 15091 (a)(1),changes or alterations have been required in,or c0 incorporated into,the proposed Project that avoid or substantially lessen the significant environmental w effect as identified in the Final EIR c R a Facts in Support of the Finding ' M The potentially significant project-specific environmental impact has been eliminated or substantially c v lessened to a level that is less than significant by virtue of the following mitigation measure as E identified in the Final EIR and incorporated into the proposed Project. MM BR-1a If vegetation removal,soil disturbance,or any other construction-related activity is to m occur during the avian nesting season(February I through August 31),a E preconstruction nesting bird survey shall be conducted not greater than seven days prior to initiation of construction. If nests are discovered,they shall be avoided by an Michael arandman Assoclahs tT H:`Cliem(PNJN)VIOUIC01]01)6ffin,4pWIJ01M NNimW Cmnre SM1Ow Findiry,. atFm Obl<-3013.daa " Packet Pg. 693 Impacts Mitigation to a National Orange Show Industrial Protect Less Than Significant Level Findings or Fact for Environmental Effects appropriate buffer,as determined by a qualified wildlife biologist. The temporary v v "no construction"area shall be maintained until the nest has completed its cycle,as 'o determined by a qualified wildlife biologist. Once the nest cycle is complete and all IL m nestlings have fledged and left the nest,then construction in the area could resume. .y Construction activity may only occur within the temporary"no construction'area at v c the discretion of a biological monitor. 3 0 s As explained in the Draft EIR,the biological resource study(MBA 2011)indicated that no candidate, (n sensitive or special-status plants were observed on the site during the field survey. Additionally, since the Project site is highly disturbed by activities associated with the Bar None Auctions and 0 dominated by non-native species,there is a very low potential for any rare plant species to occur on 0 the Project site. Furthermore,none of the candidate,sensitive,special-status wildlife species or '@ species of special concern,as identified in local,regional,and State regulations or by the CDFG or Z USFWS,was observed on site during the field survey. Therefore,candidate,sensitive,special-status m wild life species or species of special concern are very unlikely to occur within the Project site and the impacts associated will be less than significant. c 0 However,as discussed above,trees on the project site could provide suitable nesting habitat for a .e m number of bird species that would fall under the protection of the META. Without proper mitigation to regulate the timing of vegetation removal,soil disturbance,or any other construction activity,the ro d.,.. impact to nesting birds would remain potentially significant. The implementation of Mitigation �i Measure BR-1a,as further described in the EIR,would reduce the impacts to a level that is less than o significant. Based on the analysis contained in the EIR,other considerations in the record,and the °- standards of significance,the City finds that implementation of Mitigation Measure BR-I a would ensure that impacts related to sensitive receptors would be reduced to a less-than-significant level. in c 0 Reference: Section 3.4,Biological Resources,of the Draft EIR. y E Cultural Resources 0 U M Impact CR-2: The project could cause a substantial adverse change In the significance of an S archaeological resource pursuant to§15064.3. a .2 Potentially Significant Impact M Based upon the Project site's potential occurrence within the territory of the Serrano Native American populations prior to European settlement, it is possible that previously unknown E z archaeological resources could be uncovered during excavation and grading activities associated with Project construction. c v Findings E u m C a fa Michael Brandman Associates a:CJ tut(M.N)MI T001 M 155FMin,=130156 NaJoW c­S, F1MLy a Frtt03.1 J?01`d— Packet Pg. 694 National Orange Show Industrial Project J'P"h;Malgetion to a Findings of Fact for Envaonmental Effects Less Than SlgniBCant Level - Pursuant to CEQA Guidelines Section.15091 (a)(1),changes or alterations have been required in,or incorporated into,the proposed Project that avoid or substantially lessen the significant environmental 'o a` effect as identified in the Final EIR. m N Facts in Support of the Finding c The potentially significant project-specific environmental impact has been eliminated or substantially 3 lessened to a level that is less than significant by virtue of the following mitigation measure as 0 identified in the Final EIR and incorporated into the proposed Project. in rn c MM CRA In the event that buried cultural resources are discovered,all activities shall cease in O the immediate vicinity of the find and a qualified archaeologist shall be consulted to 0 determine whether the resource requires further study. The qualified archeologist °— shall make recommendations to the Lead Agency on the measures that shall be Z implemented to protect the discovered resources,including but not limited to excavation of the finds and evaluation of the finds in accordance with§ 15064.5 of ri the CEQA Guidelines. Any previously undiscovered resources found during construction within the Project area should be recorded on appropriate DPR forms o and evaluated for significance in terms of CEQA criteria. If the resources are '> determined to be unique historic resources as defined under§ 15064.5 of the CEQA Guidelines,mitigation measures shall be identified by the monitor and recommended m �... to the Lead Agency. Appropriate mitigation measures for significant resources could M include avoidance or capping,incorporation of the site in green space,parks,or open r 0 space,or data recovery excavations of the finds. No further grading shall occur in the vicinity of the discovery until the Lead Agency approves the m measures to protect these resources. Any archaeological artifacts recovered because of mitigation o shall be donated to a qualified scientific institution approved by the Lead Agency where they would 0 be afforded long-term preservation to allow future scientific study. E 0 U In addition,reasonable efforts to avoid,minimize,or mitigate adverse effects to the property will be m c taken and the SHPO and Native American tribes with concerns about the property,as well as they Advisory Council on Historic Preservation(ACHP)will be notified within 48 hours in compliance 1O a with 36 CFR 800.13(b)(3). M c While a records search and onsite pedestrian survey determined that no known archeological w E resources are present on the Project site,it is,however,located within the territory of the Serrano and was possibly used by Native American populations prior to European settlement. Without proper 3 mitigation to regulate ground-disturbing construction activity,the impact to previously unknown d archeological resources would remain potentially significant. The implementation of Mitigation E Measure CR-1,as further described in the EIR,would reduce the impacts to a level that is less than r significant. Based on the analysis contained in the EIR,other considerations in the record,and the Michael Brandman Associates 19 HI hint(PNJN)MI3 I301..WnM11wU130156 Nuo"l Vc SMw FinMny of lm 0J-14-!012&C PacketPg. 695 Impacts Mitigation to a National orange Show Industrial PmJect Less Than Significant Level Findings or Fact for Environmental ENacts standards of significance,the City finds that implementation of Mitigation Measure CR-1 would u 0 ensure that impacts related to cultural resources would be reduced to a less-than-significant level. 0 a`' Reference: Section 3.5,Cultural Resources,of the Draft EIR. N Impact CR-5: The project,when considered on a cumulative basis,could cause a substantial adverse Impact due to the discovery of currently unknown historic,prehistoric,or ; archeological resources. 0 U) Potentially Significant Impact rn c Excavation and other ground-disturbing construction activity could impact unknown cultural O resources or human remains on the Project site and could contribute to potentially significant m C cumulative impacts. 4 z Findings Pursuant to CEQA Guidelines Section 15091 (a)(1),changes or alterations have been required in,or `o n incorporated into,the proposed Project that avoid or substantially lessen the significant environmental effect as identified in the Final EIR 0 N Facts in Support of the Finding rr The potentially significant cumulative environmental impact has been eliminated or substantially N lessened to a level that is less than significant by virtue of the following mitigation measure as N identified in the Final EIR and incorporated into the proposed Project. M C 0 a MM CRA In the event that buried cultural resources are discovered,all activities shall cease in the immediate vicinity of the find and a qualified archaeologist shall be consulted to m determine whether the resource requires further study. The qualified archeologist to c shall make recommendations to the Lead Agency on the measures that shall be °— y implemented to protect the discovered resources,including but not limited to excavation of the finds and evaluation of the finds in accordance with§ 15064.5 of £ 0 the CEQA Guidelines. Any previously undiscovered resources found during O m construction within the Project area should be recorded on appropriate DPR forms and evaluated for significance in terms of CEQA criteria. If the resources are m determined to be unique historic resources as defined under§ 15064.5 of the CEQA M Guidelines,mitigation measures shall be identified by the monitor and recommended � to the Lead Agency. Appropriate mitigation measures for significant resources could E include avoidance or capping,incorporation of the site in green space,parks,or open space,or data recovery excavations of the finds. Q c No further grading shall occur in the vicinity of the discovery until the Lead Agency approves the E measures to protect these resources. Any archaeological artifacts recovered because of mitigation v _ m p Michael Brandman Associates N:'Clian(mml`CGU`mU0156W nNryy10]I)OIM NatiwW 0.anµ<Slww Ii,Mngof Fss,OIILEM.I w. Packet Pg. 696 National orange Show Industrial Pro Jett Impacts Mitigation to a Findings of Fact for Environmental Effects Less Than Significant Level shall be donated to a qualified scientific institution approved by the Lead Agency where they would o U be afforded long-term preservation to allow future scientific study. 0. In addition,reasonable efforts to avoid,minimize,or mitigate adverse effects to the property will be taken and the SHPO and Native American tribes with concerns about the property,as well as the v Advisory Council on Historic Preservation(ACHP)will be notified within 48 hours in compliance 3 with 36 CFR 800.13(b)(3). 0 W As explained in the Draft EIR,according to the Cultural Resource Survey of the National Orange rn Show Industrial Park Project,there are no known cultural resources that occur on the Project site. O However,excavation and other ground-disturbing activities during Project construction could impact c unknown cultural resources or human remains at the Project site. Without proper mitigation to 00 E regulate ground-disturbing construction activity,the cumulatively considerable impact to previously z unknown cultural resources or human remains would remain potentially significant. The r implementation of Mitigation Measure CR-1,as further described in the EIR,would reduce the ,_ impacts to a level that is less than significant. Based on the analysis contained in the EIR,other considerations in the record,and the standards of significance,the City finds that implementation of ,o Mitigation Measure CR-1 would ensure that impacts related to cultural resources would be reduced to '> a less-than-significant level. N C' Reference: Section 3.5,Cultural Resources,of the Draft EIR. M 0 0 Geology and Soils d m Impact GS-1: The project could expose people or structures to potential substantial adverse effects,Including the risk of loss,Injury,or death involving: rn ill) Seismic-related ground failure,including liquefaction. o y Potentially Significant Impact .E The specific risks associated with ground failure such as liquefaction, seismic settlement,and lateral E 0 spreading could potentially occur on the Project site. The results of liquefaction analysis conducted U M as part of the Geotechnical Investigation indicated that onsite soils are susceptible to liquefaction. S c 0 M Findings a. Pursuant to CEQA Guidelines Section 15091 (a)(1),changes or alterations have been required in,or '^ incorporated into,the proposed Project that avoid or substantially lessen the significant environmental E effect as identified in the Final EIR. r U R Facts in Support of the Finding C The potentially significant project-specific environmental impact has been eliminated or substantially E lessened to a level that is less than significant by virtue of the following mitigation measure as u identified in the Final EIR and incorporated into the proposed Project. R Michael Brandman Associates 71 a:Cbvn ON MW 3. 1301%7.M OA 3016 Nari g0 ,Sl FWW effa 03-W201 2 dx 7.A.c Impacts Mitigation to a National Orange Show Industrial Project Less Than Significant Level Findings of Fact for Environmental Effects MM GS-1 During site preparation and prior to onsite grading: o' • Significant vegetation and other deleterious materials shall be removed from ti all areas to be graded. Such materials may not be used as or within engineered `;° N fill. Ti • All uncontrolled fills shall be completely removed,cleaned of significant deleterious materials,and may then be reused as compacted fill. L • All existing uncontrolled and/or undocumented fills and buried obstructions v under any proposed flatwork and paved areas shall be removed and replaced with engineered compacted fill. O • Any cavity created by removal of subsurface obstructions shall be thoroughly cleaned of loose soil,organic matter and other deleterious materials,shaped to ' provide access for construction equipment,and backfilled in accordance with Z. American Society for Testing and Materials(ASTM)D 1557. m As explained in the Draft EIR,the San Jacinto and San Andreas Faults are the two largest active c faults in the City of San Bernardino area. The San Jacinto fault is a sub-parallel branch of the San °— N Andreas Fault,extending from the northwestern San Bernardino area,southward,into the El Centro region,and is located approximately one mile southwest of the Project site. The San Andreas Fault is N located approximately 5.2 miles to the northeast of the Project site. The San Andreas Fault is m M considered to be the major tectonic feature of California,separating the Pacific plate from the North American Plate. As such,seismic ground failure is a risk. 0 m K As the Draft EIR further explains,the specific risks associated with ground failure include the potential for liquefaction,seismic settlement,and lateral spreading,all of which could potentially .2 to occur on the Project site. The results of liquefaction analysis conducted as part of the Geotechnical o N Investigation(Appendix E)indicated that onsie soils are susceptible to liquefaction. The w Geotechnical Investigation suggests that possible manifestations of liquefaction at the Project site E 0 could be in the form of ground settlements,sand boiWground cracking,and bearing capacity failures U m of shallow foundations. Without proper mitigation to regulate site preparation and grading activity, 5 c the impact to onsite people and structures would remain potentially significant. Implementation of Mitigation Measures GS-I would ensure that post-construction settlement would be within tolerable Q. levels. The implementation of Mitigation Measure GS-1,as further described in the EIR,would c reduce the impacts to a level that is less than significant. Based on the analysis contained in the EIR, w E other considerations in the record,and the standards of significance,the City finds that implementation of Mitigation Measure GS-1 would ensure that impacts related from geotechnical G conditions would be reduced to a less-than-significant level. c 0 Reference:Section 3.6,Geology and Soils,of the Draft EIR. t m C Y2 Michael Brandman Associates H7al ttPN4NIN13Ul30156TintliVIMI301k NW*nY Omye Show Fioflnp of Fs403192012M Packet Pg.698 National Orange Show Industrial Project Impacts Mitigation to a Findings or Fact For Environmental Effects Less Than Significant Level Impact GS-3: The project could be located on a geologic unit or soil that is unstable,or that would become unstable as a result of the project,and potentially result In collapse .o or compression. a. A Potentially Significant Impact H Onsite surface soils and other organic materials are unsuitable for building support. These soils are c compressible and lack the stability to bear the weight of the planned structures. 3 0 s: Findings v Pursuant to CEQA Guidelines Section 15091 (a)(1),changes or alterations have been required in,or incorporated into,the proposed Project that avoid or substantially lessen the significant environmental p effect as identified in the Final EIR. o Facts in Support of the Finding Z The potentially significant project-specific environmental impact has been eliminated or substantially r- lessened to a level that is less than significant by virtue of the following mitigation measure as _ identified in the Final EIR and incorporated into the proposed Project. 0 MM GS-1 During site preparation and prior to onsite din g' A>y • Significant vegetation and other deleterious materials shall be removed from N all areas to be graded. Such materials may not be used as or within engineered N M fill. r • All uncontrolled fills shall be completely removed,cleaned of significant 0 v deleterious materials,and may then be reused as compacted fill. • All existing uncontrolled and/or undocumented fills and buried obstructions under any proposed flatwork and paved areas shall be removed and replaced 0 with engineered compacted fill. .y • Any cavity created by removal of subsurface obstructions shall be thoroughly £ cleaned of loose soil,organic matter and other deleterious materials,shaped to to provide access for construction equipment,and backfilled in accordance with American Society for Testing and Materials(ASTM)D1557. � a As explained in the Draft EIR,onsite surface soils and other organic materials are unsuitable for building support. These soils are compressible and lack the stability to bear the weight of the planned a structures. All grading must adhere to the requirements of City of San Bernardino Municipal/Grading E Code,as well as the recommendations found within the Geotechnical Investigation(Appendix E). Onsite soils would be stabilized through over-excavation,soil moisture conditioning, fill placement Q and compaction,and sub-surface drainage. The existing soils within the majority of the site would be over-excavated and the upper layer of soils and materials would be removed to expose existing in- s U place dense soil consisting of older alluvium. Implementation of Mitigation Measures GS-I would Q ensure that post-construction settlement would be within tolerable levels. Michael Brandman Associates 22 H`Clim,(PN-INI`901)tC01101 MUiMiWa01)0156 NYlonil Amye 9M Fi,dinp olFaY O1-141013.tlo[ Impacts Miugatlon to a National Orange Show Industrial Project Less Than Slgniffcant Level Fillings of Fact for Envhonmeatal Effects -- The implementation of Mitigation Measure GS-1,as further described in the EIR,would reduce the m impacts to a level that is less than significant. Based on the analysis contained in the EIR,other o considerations in the record,and the standards of significance,the City finds that implementation of a` 7a Mitigation Measure GS-1 would ensure that impacts related from soils would be reduced to a less- .y 3 than-significant level. 3 Reference:Section 3.6,Geology and Soils,of the Draft EIR. ° s N m Impact GS-e: When considered on a cumulative basis,would the Project expose people or � structures to potential adverse effects stemming from seismic activity,result in substantial erosion or topsoil loss,result in on-or off-site liquefaction or other O secondary seismic hazards,or be located on expansive soil? 0 Potentially Significant Impact z Cumulative impacts associated with geology and soils would be potentially significant without Mitigation. Findings o Pursuant to CEQA Guidelines Section 15091 (a)(1),changes or alterations have been required in,or .y incorporated into,the proposed Project that avoid or substantially lessen the significant environmental tr effect as identified in the Final EIR. c+ N Facts in Support of the Finding M The potentially significant project-specific environmental impact has been eliminated or substantially a lessened to a level that is less than significant by virtue of the following mitigation measure as identified in the Final EIR and incorporated into the proposed Project. m G See Mitigation Measure MM GS-1,located within Impact GS-3. 4 .y N with compliance of all federal,State, and local regulations,including the City of San Bernardino E MunicipalIGrading Code,as well as with the recommendations found within the Geotechnical 0 Investigation(Appendix E)as incorporated in Mitigation Measure GS-1,the proposed Project's individual impacts associated with geology and soils would be less than significant. Potential c c m impacts,no matter how insignificant,would be site-or project-specific and would not affect offsite a locations. Likewise,with compliance of all applicable regulations,other cumulative projects in the o0 area would not affect the proposed Project or other locations. Potential impacts would not be deemed cumulatively considerable,and therefore,would be less than significant. U Reference: Section 3.6,Geology and Soils,of the Draft EIR. G I c d E j s U © a 20 Michael arandman Associates a: 11=1(FN SM nMnp unW03I4-2012d " Packet Pg. 700 7.A.c National Orange Show Industrial Project Impacts Mitigation to a Fladings of Fact for Environmental Effects Less Than Significant Level Noise w 0 Impact N-1: The project could result in exposure of persons to or generation of noise levels in t1 excess of standards established in the local general plan or noise ordinance,or R applicable standards of other agencies with respect to construction noise. y Potentially Significant Impact 5 Sensitive receptors such as residential uses located approximately 100 jeer north of the Project site a S could potentially experience temporary noise level increases during the grading phase of m m rn construction. � O Findings Pursuant to CEQA Guidelines Section 15091 (a)(1),changes or alterations have been required in,or 4 incorporated into,the proposed Project that avoid or substantially lessen the significant environmental z effect as identified in the Final EIR. °J r Facts in Support of the Finding The potentially significant project-specific environmental impact has been eliminated or substantially o lessened to a level that is less than significant by virtue of the following mitigation measure as m identified in the Final EIR and incorporated into the proposed Project. _ N MM N-1a During all project site excavation and grading onsite,the construction contractors N shall equip all construction equipment,fixed or mobile,with properly operating and maintained mufflers,consistent with manufacturers' standards. The construction °o. d contractor shall place all stationary construction equipment so that emitted noise is of directed away from the noise sensitive receptors nearest the project site. in c MM N-tb The construction contractor shall locate equipment staging in areas that will create w 0 the greatest distance between construction-related noise sources and noise sensitive '£Ln receptors nearest the project site during all project construction. o U MM N-1c The construction contractor shall limit all construction-related activities that would c result in high noise levels according to the construction hours determined by City staff. a M MM N-1d The construction contractor shall limit haul truck deliveries to the same hours c specified for construction equipment. To the extent feasible,haul routes shall not pass sensitive land uses or residential dwellings. As explained in the Draft EIR,noise levels generated by heavy construction equipment can range from approximately 70 dBA to noise levels in excess of 100 dBA when measured at 50 feet. E U However,these noise levels diminish with distance from the construction site at a rate of 6 dBA per ;? L,.. doubling of distance. Construction noise is temporary,intermittent and of short duration,and will not Q Michael Brandman Associates !S 11:`CIim11PN-IN)!f011 W I30156'FiMinrad01J0155NeiwW e,enµe SMw FiMrygoff W O!19-:01!Eoc Packet Pg. 701 7.A.c Impacts Mitigation to a National Orange Show Industrial Project Less Than Significant Level Findings of Fact for Environmental Effects present any long-term impacts. It is expected that the nearest homes,which are located v approximately 100 feet north of the project site,may experience temporary noise level increases 2 Q. during the grading phase of construction. Construction noise will be heard and vary according to the location and operations of grading equipment and often will be overshadowed by the surrounding industrial uses and traffic noise from Arrowhead Avenue and Central Avenue. The City of San Bernardino does not provide construction related noise standards,but limits the construction to 3 0 daytime hours to be determined by City staff. in 0 m Without proper mitigation to regulate the timing of grading,hauling,and other construction activity, m the impact to nearby residential receptors would remain potentially significant. The implementation O of Mitigation Measures N-la through N-1 d,as further described in the EIR,would reduce the impacts c 0 to a level that is less than significant. Based on the analysis contained in the EIR,other considerations in the record,and the standards of significance,the City finds that implementation of z m Mitigation Measures N-1 a through N-1 d would ensure that noise impacts related to sensitive receptors would be reduced to a less-than-significant level. c Reference: Section 3-12,Noise,of the Draft EIR. 00 N d Impact N-t: The project could result In a substantial temporary or periodic Increase in ambient °v noise levels in the project vicinity above levels existing without the project N Potentially Significant Impact M The nearest residential uses to the Project site, which are located approximately 100feet north of the o a site,could potentially experience temporary noise level increases during the grading phase of W construction. N Findings g Pursuant to CEQA Guidelines Section 15091 (a)(1),changes or alterations have been required in,or 0 incorporated into,the proposed Project that avoid or substantially lessen the significant environmental E 0 effect as identified in the Final EIR. U m c Facts in Support of the Finding w The potentially significant project-specific environmental impact has been eliminated or substantially a lessened to a level that is less than significant by virtue of the following mitigation measure as 1n identified in the Final EIR and incorporated into the proposed Project. c E L MM N-1a During all project site excavation and grading onsite,the construction contractors n shall equip all construction equipment,fixed or mobile,with properly operating and maintained mufflers,consistent with manufacturers' standards. The construction m contractor shall place all stationary construction equipment so that emitted noise is = U directed away from the noise sensitive receptors nearest the project site. a 36 Michael arandman Associates a:a,w(m-3NIN013W0130156'rOAnpW0130156 N&DW O p$Mw Fin&w of Fw103-Id 2012 d PacketPg. 702 National Orange Show Industrial Pmjact Impacts Mitigation to a Findings of Fact for Environmental El/eots Less Than Significant Level �»- MM N-1b The construction contractor shall locate equipment staging in areas that will create the greatest distance between construction-related noise sources and noise sensitive "o receptors nearest the project site during all project construction. a MM N-1c The construction contractor shall limit all construction-related activities that would v result in high noise levels according to the construction hours determined by City 3 stab s rn MM N-1d The construction contractor shall limit haul truck deliveries to the same hours m specified for construction equipment. To the extent feasible,haul routes shall not 0 pass sensitive land uses or residential dwellings. 0 As explained in the Draft EIR,it is expected that the nearest homes,which are located approximately z 100 feet north of the project site,may experience temporary noise level increases during the grading phase of construction. Without proper mitigation to regulate the timing of grading,hauling,and other construction activity,the impact to nearby residential receptors would remain potentially significant. The implementation of Mitigation Measures N-la through N-Id,as further described in the EIR, o would reduce the impacts to a level that is less than significant. Based on the analysis contained in w the EIR,other considerations in the record,and the standards of significance,the City finds that m implementation of Mitigation Measures N-la through N-ld would ensure that noise impacts related to w sensitive receptors would be reduced to a less-than-significant level. N r5 1= Reference: Section 3-12,Noise,of the Draft EIR. a d m Impact N-7: When considered on a cumulative basis,the project could expose persons to or generate a substantial temporary increase In ambient noise levels. rn c 0 Potentially Significant Impact y N When combined with nearby traffic noise sources, as well as noise f rom the construction and 'E operation of other cumulative projects in the area, the proposed Project impact on noise could o 0 potentially be significant. �+ E c Findings m Pursuant to CEQA Guidelines Section 15091 (a)(1),changes or alterations have been required in,or a M incorporated into,the proposed Project that avoid or substantially lessen the significant environmental a effect as identified in the Final EIR. E r u n Facts in Support of the Finding The potentially significant cumulative environmental impact has been eliminated or substantially lessened to a level that is less than significant by virtue of the following mitigation measure as E r identified in the Final EIR and incorporated into the proposed Project. Michael arandman Associates 27 e:`[IImI(FN-INiW01)W]n015fi'fln0iny[`Wn0156 Nstirnd O,notc Show Fiodinp OFWOJ-14-2012.Jx Impacts Midgaaon to a National Orange Show Industrial Project Less Thsn Signlflcant Level Findings of Fad for Environmental Effects MM N-1a During all project site excavation and grading onsite,the construction contractors shall equip all construction equipment, fixed or mobile,with properly operating and a` maintained mufflers,consistent with manufacturers' standards. The construction � contractor shall place all stationary construction equipment so that emitted noise is .y directed away from the noise sensitive receptors nearest the project site. v c MM N-tb The construction contractor shall locate equipment staging in areas that will create 0 the greatest distance between construction-related noise sources and noise sensitive to 0 receptors nearest the project site during all project construction. O MM N-1e The construction contractor shall limit all construction-related activities that would m c result in high noise levels according to the construction hours determined by City 4 staff. Z m MM N-1 d The construction contractor shall limit haul truck deliveries to the same hours specified for construction equipment. To the extent feasible,haul routes shall not pass sensitive land uses or residential dwellings. o 2 As explained in the Draft EIR,it is expected that the nearest houses to the Project site may experience rr _ temporary noise level increases during the grading phase of construction. When combined with w nearby traffic noise and noise from construction and operation of other cumulative projects in the N area,the proposed Project's cumulative impact on noise could potentially be significant. Without C proper mitigation to regulate the timing of grading,hauling,and other construction activity,the °o. cumulatively considerable impact to nearby residential receptors would remain potentially significant. The implementation of Mitigation Measures N-1 a through N-1 d,as further described in the EIR, would reduce the impacts to a level that is less than significant. Based on the analysis contained in the EIR,other considerations in the record,and the standards of significance,the City finds that 2 implementation of Mitigation Measures N-la through N-Id would ensure that noise impacts related to 'E sensitive receptors would be reduced to a less-than-significant level. E 0 U m Reference: Section 3-12,Noise,of the Draft EIR. c c n a c� c d E s u A Q m E t U m C Q Za Michael Orandman Associates x:Y.lianlrx-M'1`1n�S901H11.56�ViM'r�a!W IJ01S6 Neuand O.mse 9iav Fm&.,.ri.o3.1a 2012 J., Packet.Pg.704 TX6+- National Orange Show Industrial Project Findings or Fact for Environmental Effects Significant Unavoidable Adverse Impacts SECTION 4:SIGNIFICANT UNAVOIDAMMAM, RSS IMPACTS o a. The Final Environmental Impact Report(EIR)identified project-specific air quality impacts and m project-generated traffic impacts that cannot be mitigated to less than significant levels. v c The San Bernardino City Council finds,based on the facts set forth in the record,which include but 3 are not limited to the facts as act forth below,those facts contained in the Final EIR,and any other y facts set forth in materials prepared by the City of San Bernardino and/or City consultants,that there W are no additional feasible mitigation measures,beyond those contained in either Sections 3 or 4 of the @ Final EIR,that can mitigate the project-specific air quality impacts or project-generated traffic O M impacts to levels that are less than significant. Therefore,as outlined in Public Resources Code o section 21081(b)and California Environmental Quality Act(CEQA)Guidelines section 15093,the z proposed Project will require a Statement of Overriding Considerations project-specific air quality impacts and project-generated traffic impacts(see Attachment A). `t-o Air Quality o N Impact AQ3: The project could result in a cumulatively considerable net Increase of a criteria .a pollutant for which the project region is nonattainrnent under an applicable national W or State ambient air quality standard(including releasing emissions which exceed ry quantitative thresholds for ozone precursors). _ ro Potentially Significant Impact " z The project could potentially exceed SCAQMD region(thresholdsjor VOC and NO,during °o. v construction and operation. rr n Findings c specific economic,legal,social,technological,or °- Pursuant to CEQA Guidelines Section 15091 (a)(3), g gt 'y other considerations,including provision of employment opportunities for highly trained workers, 'E make infeasible the mitigation measures identified in the Final EIR. E 0 U m Pursuant to CEQA Guidelines Section 15093,therefore,the City of San Berardino has balanced the 5 benefits of the project against its unavoidable environmental risks and has determined that this impact is acceptable for the reasons stated in the Statement of Overriding Considerations(Attachment A). a Facts in Support of the Finding The potentially significant cumulative environmental impact has been lessened by virtue of the following mitigation measure as identified in the Final EIR and incorporated into the proposed Project. However,the following mitigation measure would not lessen environmental impact to a less 4 c than significant level. Even after incorporation of mitigation,cumulative impact would still be E considered significant and unavoidable. 4 Michael Brandman Associates Pa n`Cllrni(PNJm`90n1WIJ0156�nd�ys Wl)OISb Naouml U,anYS SMw FIMnn dF.01-112011tl PacketPg.705 National Orange Show Industrial Project Significant Unavoidable Adverse Impacts Findings ofFaet for Environmental Effects -- MM MR-1a The following mitigation measures are required for construction activities: v iS • Prohibit idling in excess of five minutes on site. a • Ensure that all off-road equipment is compliant with the California Air Resources Board's in-use off-road diesel vehicle regulation and South Coast Air Quality Management District Rule 2449. • Provide temporary traffic controls such as a flag person,during all phases of L construction to maintain smooth traffic flow. w d • Schedule construction activities that affect traffic flow on the arterial system to off-peak hours to the extent practicable. O • Reroute construction trucks away from congested streets or sensitive receptor 0 areas to the extent practicable. ; • Use electricity,propane,butane,or natural gas to power off-road construction Z equipment instead of diesel or gasoline to the extent practicable. MM AIR-1d The following mitigation measures are required for construction activities: 0 y • Project start to December 31,2014: All off-road diesel-powered construction 2 equipment greater than 50 hp shall meet Tier 3 off-road emissions standards. In addition,all construction equipment shall be outfitted with BACT devices certified by CARE. Any emissions control device used by the contractor shall M achieve emissions reductions that are no less than what could he achieved by a o Level 3 diesel emissions control strategy for a similarly sized engine as defined by CARB regulations. `m • Post-January 1,2015: All off-road diesel-powered construction equipment y greater than 50 hp shall meet the Tier 4 emission standards,where available. o N In addition,all construction equipment shall be outfitted with BACT devices �? certified by CARB. Any emissions control device used by the contractor shall E achieve emissions reductions that are no less than what could be achieved by a U Level 3 diesel emissions control strategy for a similarly sized engine as c defined by CARB regulations. a As explained in the Draft EIR,the South Coast Air Basin is in nonattainment for ozone,nitrogen c dioxide,PM10,and PM2.5,which means that the background levels of those pollutants are at times E higher than the ambient air quality standards. Furthermore,the proposed Project would exceed the SCAQMD regional significance thresholds for NO,(ozone precursors)and long-term operational G emissions of VOC and NO,are over the District's significance thresholds. VOC and NO,are c precursors to ozone formation. Short-term exposure can result in breathing pattern changes,reduction of breathing capacity,increased susceptibility to infections,inflammation of the lung tissue,and some immunological changes. Children who live in high ozone communities and who participate in 7a Michael Brandman Associates N-Vl (PNJNt l31W110136ViMi =150156 N,b onl Pmµe SM Findi,pof Fx101-142012 dO Packet Pg. 706 National Orange Show Industrial Project S nrrlcant Unavoidable Adverse Impacts Findings of Fact for Environmental Effects hl multiple sports have been observed to have a higher asthma risk. This is a significant cumulative health impact associated with ground-level ozone concentrations. In addition,since the proposed 0 ' a` Project also exceeds the NO,significance threshold,the Project would cumulatively contribute to R nitrogen dioxide concentrations and result in cumulative health effects. m v Implementation of the above-described mitigation measure would still not reduce Impact AQ-3 to a less-than-significant level. No feasible additional mitigation is available to fully reduce this impact. s For this reason,the impact would remain significant and unavoidable. The significant and fA d unavoidable impacts are outweighed and overridden by the economic,social,and other benefits of the M Proposed Project. 0 m c Reference: Section 3.3,Air Quality,of the Draft EIR. °— Z Transportationrrraffic Impact T-1: The project could conflict with an applicable plan,ordinance or policy establishing measures of effectiveness for the performance of the circulation system,taking into account all modes of transportation, including mass transit and non-motorized o travel and relevant components of the circulation system,including but not limited 'y to intersections,streets, highways and freeways, pedestrian and bicycle paths,and .a mass transit. Impact T-2: The project could conflict with an applicable congestion management program, N including,but not limited to level of service standards and travel demand measures, v or other standards established by the county congestion management agency for N designated roads or highways. 0 C Potentially Significant Impact Segments ojlnterstate 215(1-215)would operate at LOS F with, as well as without, the proposed m Project under Horizon Year(1035)traffic conditions. v1 C 0 Findings Pursuant to CEQA Guidelines Section 15091 (a)(2),such changes or alterations are within the E responsibility and jurisdiction of another public agency and not the agency making the finding. Such u changes have been adopted by such other agency or can and should be adopted by such other agency. c 'c c Pursuant to CEQA Guidelines Section 15093,therefore,the City of San Bemardino has balanced the 10 a benefits of the project against its unavoidable environmental risks and has determined that this impact is acceptable for the reasons stated in the Statement of Overriding Considerations(Attachment A). E z Facts in Support of the Finding The potentially significant cumulative environmental impact has been lessened by virtue of the following mitigation measures as identified in the Final EIR and incorporated into the proposed m Project. However,the following mitigation measures would not lessen environmental impact to a less E than significant level. Even after incorporation of mitigation,cumulative impact would still be considered significant and unavoidable. 4 Michael arandman Associates at H`Llim,(PN.Mrmll!W110134`FiMiny`00110156NmoW O„nye SM1ovFin,li,y ofFW eI10.3en,0tt Packet Pg.70T National Orange Show Industrial Project Significant Unavoidable Adverse Impacts Findings of Fact for Environmental Effects MM TRANS-1 The Project is proposed to have access on Arrowhead Avenue via Driveway I, Driveway 2,Driveway 3,Central Avenue,Driveway 4 and Driveway 5;Central 0 Q. Avenue via Driveway 6,Driveway 7 and Driveway 8;and Mill Street via Driveway @ 9. All Project driveways are proposed to be full-access. As part of the development, the Project shall construct improvements on the site adjacent roadways of Arrowhead Avenue,Central Avenue,Esperanza Street,and Mill Street. Regional access to the 3 Project site shall be provided by the 1-215 Freeway via Mill Street,Inland Center N Drive,and Auto Center Drive. Roadway improvements necessary to provide site access and onsite circulation are assumed to be constructed in conjunction with site m development and are identified within the TIA. These improvements shall be in 0 place prior to occupancy. o M MM TRANS-2 Arrowhead Avenue/Central Avenue(#17)—The following mitigation measures (shown in bold)are necessary to address direct project impacts for EAP 2013: Install a tratlle signal. c 0 • Northbound: One through lane and one shared through-right rum lane. • Southbound: One left turn lane and two through lanes. • Eastbound:N/A w /�. • Westbound: One left turn lane and one right turn lane. N r MM TRANS-3 Prior to occupancy,the applicant shall participate in the funding or in-lieu a construction of offsite improvements,including traffic signals that are needed to serve cumulative traffic conditions through the payment of City of San Bernardino - Development Impact Fees(DIF)or a fair share contribution as directed by the City. These fees are collected as part of a funding mechanism aimed at ensuring that 2 N regional highways and arterial expansions keep pace with the projected population E increases. Each of the improvements discussed below have been identified as being o V included as part of the City DIF funding program or fair share contribution. rn c The following fair share or in-lieu contributions are necessary for the following n improvements to address EAPC(2013)cumulative impacts: a M • The following fair share or in-lieu contributions(shown in bold)are necessary to address EAPC(2013)cumulative impacts for"E"Street/Mill Street/Inland m Center Drive(#10): C - Northbound:One shared hard-leftfieft mm lane,one left turn lane,two c through lanes and one right turn lane. £ E U 72 Michael Brandman Associates H.cim(rN-INW13M1301%0MInpta0130156� J0—,.SM.Firdinyl ofFaz103.11351_Leo Packet Pg. 708 National Orange Show industrial Project Findings of Fact for EnV1-nmeMal Eff-W Signillcant Unavoidable Adverse Impacts Southbound: Two left turn lanes,one through lane,one shared through-right turn lane,one right turn lane and one hard-right turn 'o a lane. - Eastbound:One left turn lane,one through lane,one shared through- .y right turn lane and one shared righUhard-right turn lane. - Westbound:One hard-left turn lane,two left turn lanes,one through 3 lane and one shared through right turn lane. m - Northeast bound: One shared hard-left/left turn lane,one left rum lane, m one right turn lane and one shared right/hard-right turn lane. n •Due to physical constraints,the modification of the cycle length O m from the existing 120 seconds to 130 seconds has been recommended o in lieu of additional lanes. Z • The following fair share or in-lieu contributions(shown in bold)are necessary to address EAPC(2013)cumulative impacts for Mountain Avenue/Mill Street (#22): c 0 Install a traffic signal. 'm - Northbound:One shared left-through-right turn lane. - Southbound:One shared left-through-right turn lane. Eastbound:One shared]eft-through Inc,one through lane and one r defacto right turn lane. o - Westbound: One shared left-through lane,one through lane and one defacto right turn lane. • The following fair share or in-lieu contributions are necessary to address rn Horizon Year(2035)cumulative impacts: o • The following fair share or in-lieu contributions(shown in bold)are necessary y to address Horizon Year(2035)cumulative impacts for 1-215 Southbound E E Ramps/Mill Street(#3): cj - Northbound:N/A c - Southbound: One left turn lane,one shared left-through lane and one right turn lane. The existing shared left-through-right turn lane should a. be re-striped as a shared left-through lane. - Eastbound:Two through lanes and one right turn lane. w - Westbound: One left turn lane and two through lanes. r U • Modify the cycle length from the existing 65 seconds to 120 seconds as a coordinated system. c m e The following fair share or in-lieu contributions(shown in bold)are necessary E z to address Horizon Year(2035)cumulative impacts for 1-215 Northbound Ramps/Inland Center Drive(0): Michael Brandman Associates 33 HV: c(FN-IN)0013b01301MnMinp00130156 NW-00=VS FIMIn®d F6n0.1.14.2012 bx National Orange Show Industrial Pro/act Significant Unavoidable Adverse Impacts Findings of Fact for Environmental Effects - Northbound:One left turn lane,one through lane,one shared through- right turn lane and one right turn lane. a - Southbound:N/A m - Eastbound: One left turn lane and two through lanes. w - Westbound:Four through lanes and one defacto right turn lane. *Modify the cycle length from the existing 80 seconds to 120 3 o seconds as a coordinated system. L N I d • The following fair share or in-lieu contributions(shown in hold)are necessary to address Horizon Year(2035)cumulative impacts for"E"Street/Mill m Street/Inland Center Drive(#10): c - Northbound:One shared hard-left/left turn lane, one left turn lane,two .0 through lanes and one right turn lane. Z - Southbound:Two left turn lanes,one through lane,one shared m r through-right turn lane,one right turn lane and one hard-right turn lane. - Eastbound: One left rum lane,one through lane,one shared through- o A2 right rum lane and one shared right/hard-right turn lane. '> - Westbound:One hard-left turn lane,two left turn lanes,one through N lane and one shared through-right turn lane. - Northeast-bound:One shared hard-left/left turn lane,one left turn lane, 0S one right turn lane and one shared right/hard-right turn lane. o *Due to the physical constraints,the modification of the cycle length from the existing 120 seconds to 130 seconds,removal the crosswalk on the west leg(southbound direction)and modification in c of the eastbound left and westbound left turn treatment to protected o phasing from the existing split phasing have been recommended in E lieu of additional lanes. o U • The following fair share or in-lieu contributions are necessary to address rn c Horizon Year(2035)cumulative impacts for Mountain Avenue/Mill Street (#22): a Install a traffic signal. c - Northbound: One shared left-through-right turn lane. E L - Southbound:One shared left-through-right turn lane. - Eastbound: One shared left-through lane,one through lane and one G defacto right turn lane. d . Westbound: One shared left-through lane,one through lane and one E defacto right rum lane. A a 34 Michael 9randman Associates NXIl, WIN) 013`.m1301M'fiM'm1"1]0156 NY.jQ ,SM1 Fird,oFFxi 03-H!01:.]., Packet Pg.770 National Orange Show Industrial Project Findings of Fact for Environmental Effects Significant Unavoidable Adverse Impacts According to the Draft EIR,the Traffic Impact Analysis prepared for the proposed Project concludes that segments of the I-215 Freeway would operate at LOS"F"even without the Project under horizon .o n. Year(2035)traffic conditions. Because the City of San Bernardino has no control over State 5 facilities,and because the State facilities funded and planned to be developed under future traffic .y conditions are already anticipated to operate at LOS"F"even without the proposed Project,there are v' c no further improvements that can be imposed upon the Project to mitigate its small cumulative 3 contribution to significant impacts to the identified segments of I-215 Freeway under Horizon Year N (2035)traffic conditions. Caltrans has exclusive control over State highway improvements and State highway improvements are by and large a matter of Statewide control. Therefore,impacts to A segments of the 1.215 Freeway in this regard will remain significant and unavoidable. 0 a c 0 Implementation of the above-described mitigation measures would still not reduce Impacts T-I and T-2 to a less-than-significant level. No feasible additional mitigation is available to fully reduce this Z impact. For this reason,the impact would remain significant and unavoidable. The significant and n unavoidable impacts are outweighed and overridden by the economic,social,and other benefits of the Proposed Project. Reference: Section 3-16,Transportation/Traffic,of the Draft EIR. a 2 N U N W N M 0 O v. v w m N C O y N E 0 U to c c O a c�5 c v E s U A Q C d E L U A a Michael Brandmen Associates 75 11 Tlie (PN.YfOW13NWtlDi561FindinMWI30156 N4u Ou cSl Findinp off= Packet.Pg. 711 National Orange Shaw Industrial Project Faaslbitly o1 Prc0ct Anematives Flndings of Fact for Environmental Effects ISECT1 `FEASIBILfVKOPO8*OrALTERtWW 0 In preparing and adopting findings,a lead agency need not necessarily address the feasibility of both a` mitigation measures and environmentally superior alternatives when contemplating the approval of a project with significant environmental impacts. Where the significant impacts can be mitigated to a 3 level of insignificance solely by the adoption of mitigation measures,the lead agency has no obligation in drafting its findings to consider the feasibility of environmental superior alternatives, .30 c even if their impacts would be less severe than those of the project as mitigated. Accordingly,in adopting the findings concerning alternatives for the proposed project,the City of San Bernardino m considers only those significant environmental impacts that cannot be avoided or substantially 0 lessened through mitigation. o Where,as here,a project will result in some unavoidable significant environmental impacts even after z application of all feasible mitigation measures identified in the Final Environmental Impact Report (EIR),the lead agency must consider the feasibility of alternatives to the project which could avoid or substantially lessen the unavoidable significant environmental impacts. "Feasible"means capable of being accomplished in a successful manner within a reasonable time,taking into account economic, o environmental,legal,social and technological factors California Environmental Quality Act(CEQA � v Guidelines Section 15364). N If there are no feasible project alternatives,the lead agency must adopt a Statement of Overriding N Considerations with regard to the project pursuant to State CEQA Guidelines Section 15093. If there is a feasible alternative to the project,the lead agency must consider in detail only those alternatives n m which could feasibly attain most of the basic objectives of the project;however,the lead agency must consider alternatives capable of eliminating significant environmental impacts even if these 9 N alternatives would impede to some degree the attainment of the Project Objectives(CEQA Guidelines o Section 15126(d)). a E These findings contrast and compare the alternatives where appropriate in order to demonstrate that o the selection of the proposed project,while still resulting in certain unavoidable significant M environmental impacts,has substantial planning, fiscal and other benefits. In rejecting certain S c alternatives,the City of San Bernardino has examined the Project Objectives and weighed the ability a of the various alternatives to meet the objectives. The City of San Bernardino believes that there is no M alternative to the proposed Project that is both environmentally superior to the proposed Project slid w achieves the Project Objectives. The objectives of the proposed Project that have been considered by E s the City of San Bernardino are: om c m E t N N G a 16 Michael Bradman Associate n:tiitm(rw�armuwoumsaw:wi�a,wouorse wu�o.e oMe.sro.e' a��.arru.as-is-zot_m� National orange Show Industrial Project feasibility of Pro%ecf AlfwnatJvea Findings of Fact for EnvImmentai Effects OBJ-1 Implement a General Plan Amendment and Zone Change,to provide for the orderly transition from Public Commercial Recreation(PCR)to Light Industrial(LI). o a m OBJ-2 Convert currently underutilized land on the Project site to industrial uses that will create jobs and enhance the City's tax base. Ti c OBJ-3 Provide an industrial park that supports a wide range of warehouse distribution and o 0 industrial tenants. N v rn c OBJ4 Provide convenient freeway access to trucks that will use the warehouse distribution O facilities on the Project site. 0 05J-5 Cluster industrial uses near existing roadway and freeways to reduce traffic z congestion and air emissions. ;o m r OBJ-6 Facilitate goods movement for the benefit of local,regional,statewide and -- nationwide economic growth. 0 OBJ-7 Complete the National Orange Show Industrial Project with necessary infrastructure while incorporating high quality,consistent design standards. N 0BJ-6 Accommodate new infill development that in an orderly manner that will fully utilize N ci existing infrastructure and public improvements. o 0 OBJ-9 Provide new development that will assist the City in obtaining fiscal balance in the W r- years and decades ahead. m in c OBJ-10 Provide additional employment opportunities on the Project site. 0 0 Ul The Final EIR examined a reasonable range of alternatives to the proposed Project to determine E whether any alternative could meet the Project Objectives while avoiding or substantially lessening ci one or more of the Project's significant unavoidable impacts. These findings examine each c alternative to determine feasibility. In determining the feasibility of alternatives,the lead agency may take into account factors such as whether the alternative could be accomplished in a successful a manner within a reasonable period of time in light of economic,environmental, legal,social,and c technological factors. £ E 0 The Final EIR has concluded that after adherence to all applicable regulatory requirements,inclusion of design features and incorporation of all feasible mitigation measures,the proposed Project will C nevertheless have three remaining significant adverse environmental impacts:(1)exceedance of SCAQMD regional thresholds for VOC and NO,during construction and operation;(2)cumulatively contribute to an increase in traffic along select segments of the I-215 under Horizon Year(2035) =°• C Q Michael Brandmen Associates 37 H Wli t(MNW013�%Wl 3015fflM npW01101M N,um,l Onow Sbow FiMiW off"&03-I4 M2 Eoc Packet Pg.713 7.A.c National Orange Show Indushlal I'milml Fe"fibilitY of Project Ahernadves Findings of Fact for Environmental Effects traffic conditions that would cause the segments to operated at LOS F;and(3)conflict with the LOS v standards set fourth in the County of San Bernardino CMP. ° Q_ m Accordingly,the Final FIR analyzed three alternatives to the proposed Project. The alternatives, N which are analyzed in Section 5 of the FIR,include No Project-No Development Alternative, a' Reduced Site Plan Alternative,and Sports Park/Light Industrial Alternative. The following 3 summarizes the feasibility of these alternatives as a means to reduce or avoid the significant 0 W unmitigated impacts associated with the proposed Project. c m No Project-No Development Altemative o m The discussion and evaluation of a No Project-No Development Alternative is required by the CEQA o Guidelines§I5126.6(e). This alternative provides a comparison between the environmental impacts Z of the proposed Project in contrast to the environmental impacts that could result from not approving, o, m or denying,the Project. Because the City of San Bernardino has discretionary authority over a project and could choose to deny it,the environmental impacts of that action must be disclosed. As a result of this potential decision,the Project site could remain in its current condition and the proposed c Project would not be developed(i.e. the No Project-No Development Alternative). .A m o' The City of San Bernardino finds that the No Project-No Development Alternative would not(1) w exceed SCAQMD regional thresholds for VOC and NO,during construction and operation;(2)would N not cumulatively contribute to an increase in traffic along select segments of the 1-215 under Horizon Year(2035)traffic conditions that would cause the segments to operated at LOS F; and(3)conflict d with the LOS standards set fourth in the County of San Bernardino CMP. m m Where an FIR identifies one or more significant environmental effects that would not be avoided or c substantially lessened by mitigation measures,the agency must consider the environmentally superior w N alternatives to the Project and determine whether they are infeasible and the reasons for that 'E determination. (CEQA Guidelines,§ 15091,solid.(a)(3).) To determine whether an alternative is o feasible,the agency must take into account specific economic,legal,social,technological,or other rn considerations,includin g P rovision of employment opportunities for highly trained workers. (Id.) 'c "Feasible"means capable of being accomplished in a successful manner within a reasonable period of a time,taking into account economic,environmental,legal,social,and technological factors. (CEQA n Guidelines,§ 15364.) E Among the factors that maybe considered are inconsistency with the County's goals,objectives,and U m policies. The concept of"feasibility"encompasses the question of whether a particular alternative or Q mitigation measure promotes existing County policies,as well as the underlying goals and objectives of a project. "[Fjeasibility' under CEQA also encompasses 'desirability' to the extent that desirability is based on a reasonable balancing of the relevant economic,environmental,social,and technological a 78 Michael erandman Associates H.'LTbM TN IN"DOW 30156�1ndiwW0130156 NauaW 0—S,Show Flnana often 01�1 02012 do, Packet Pg.774 7.A.c National Orange Show Industrial ProteM Findings of Fact for Environmental FJrecla Feasibility orProfectAhemathrea factors." (City ojDel Mar v. City ojSan Diego(1982)133 Cal.App.3d 401,417;Seyuoyah Hills d Homeowners Assn. v. City of0akland(1993)23 Cal.AppAth 704,715.) ° a M As explained further in the Draft EIR,although the potential environmental impacts associated with the No Development Alternative would be less than the environmental impacts of the Project,the No Development Alternative would not achieve any of the 10 objectives of the Project. 0 0 L The City of San Bernardino finds that all potential significant environmental impacts of the proposed rn d Project will be mitigated by the inclusion of design features and incorporation of all feasible W mitigation measures as set forth in the Mitigation Monitoring and Reporting Program(MMRP), 0 except for: (1)exceedance of SCAQMD regional thresholds for VOC and NO,during construction c and operation;(2)cumulatively contribute to an increase in traffic along select segments of the I-215 °— under Horizon Year(2035)traffic conditions that would cause the segments to operated at LOS F; Z and(3)conflict with the LOS standards set fourth in the County of San Bernardino CMP. The City of r San Bernardino further finds that,although the No Project-No Development Alternative would not �. result in significant impacts to Air Quality or Transportation/Traffic this alternative is infeasible c because it would not attain the Project Objectives and would not provide the City of San Bernardino 2 W with the benefits of the proposed Project as described in the Statement of Overriding Considerations. '> Therefore,for the potential significant impacts that cannot be mitigated to a level below significance, �I the City of San Bernardino adopts the Statement of Overriding Considerations located in Appendix A � �•/ of this document pursuant to CEQA Guidelines Section 15093. CN 0 0 Reduced Site Plan Alternative Under the Reduced Site Plan Alternative,the planned development of the Project site would be A N scaled-down by reducing building square footage and the portion of the site that would be developed. c 0 The proposed Project is associated with the construction of four industrial buildings comprising '0 approximately 752,710 square feet of building area on approximately 38.1 acres(32.86 acres north E parcel and 4.32 acres south parcel). The proposed operational use and size for each of the buildings 0 are listed below: o' c • Building"A"-616,000 square feet is assumed to support high-cube/distribution warehouse use `m a with access to Arrowhead Avenue and Central Avenue. Two(2) fire access points are M proposed on Esperanza Street. c v • Building"B"-78,960 square feet is assumed to be general warehouse with access to r U Arrowhead Avenue and Central Avenue. �°- a • Building"C"-27,810 square feet is assumed to support general light industrial uses with 0 access to Mill Street. E s 0 �^ • Building"D"-29,940 square feet is assumed to support general light industrial uses with =°• access to Mill Street. Michael erandman Assxintes 39 N'1CIimImF IN)!WI1WJ1301161Fi, m s*110156 NYirn 0meSlaw Fso i, of Fu0I 14-7012.EO[ Packet Pg. 715 National Orange Show Industrial Project Feasibility of Project Ahernathres F7ndings olFaet for Environmental Effects Reduced Density Alternative would reduce the square footage devoted to high-cube/distribution to 462,000 square feet,warehouse/distribution to 59,220 square feet and light industrial to 43,313 a square feet for a total reduced floor area of 564,533 square feet. This alternative assumes that access to the Project site would be identical to the proposed Project with access from Arrowhead Avenue, m Central Avenue,and Mill Street. O c 3 The City of San Bernardino finds that impacts to Air Quality and Transportation/Traffic would be .°c reduced,albeit not to a less than significant level. Air Quality impacts would be reduced by 25- d w percent compared to the proposed Project,although mass daily emissions of VOC and NOx would still exceed SCAQMD significance thresholds at Project build-out(2013). The Traffic Impact 0 Analysis prepared for the proposed Project concludes that segments of the 1-215 Freeway would o operate at LOS F even without the Project under Horizon Year(2035)traffic conditions. Because the '2 City of San Bernardino has no control over State facilities,and because the State facilities funded and Z w planned to be developed under future traffic conditions are already anticipated to operate at LOS F n even without the proposed Project,there are no further improvements that can be imposed upon the Project to mitigate its small cumulative contribution to significant impacts to the identified segments of I-215 Freeway under Horizon Year(2035)traffic conditions. Caltrans has exclusive control over 0— State highway improvements and State highway improvements are by and large a matter of Statewide rr control. -_ of `.. Aside from Air Quality and Transportation/Traffic,fifteen(15)of the issue areas would remain M generally the same of less for this alternative when compared with the proposed Project,and impacts o would remain less than significant or less than significant with mitigation. However,under this alternative,none of the adverse and unavoidable impacts associated with the Project would be m reduced to levels that are less than significant. fD c 0 This alternative meets six of the ten Project Objectives;it does not meet Objectives 2,8,9 and 10. Objective 2 calls for the conversion of currently underutilized land on the Project site to industrial E uses that will create jobs and enhance the City of San Bernardino's tax base. With the Reduced Site 0 U Plan Alternative,development and operation of the alternative would reduce the total amount ofjobs created,ultimately reducing the City's tax base. Objective 8 calls for the accommodation of new m infill development in an orderly manner that will fully utilize existing infrastructure and public a improvements. With the Reduced Site Plan Alternative,development and operation of the alternative would reduce the total square footage of industrial uses at the Project site,which would not fully v utilize existing infrastructure and public improvements. Objective 9 calls to provide new development that will assist the City in obtaining fiscal balance in the years and decades ahead. Objective 10 calls for providing additional employment opportunities on the Project site. As previously stated,the Reduced Site Plan Alternative would reduce the total square footage at the Project site,which will reduce the total amount of jobs created,ultimately reducing the City's tax U m base. Consequently,the reduction of jobs and tax base will not fully assist the City in obtaining the Michael 11randman Assoclates H YlisfIPNdNI!001]'.WI]0156WinCiryTODU0150 Naliontl U rSb 4i ,d,fFxt 01.14-201`..J.M Packet Pg.416 11 National Orange Show Industrial Project Findings or Fact for Environmental ENecb Feasibility or PmJectAlternatives total potential fiscal balance in the years and decades ahead,nor will it provide the total potential employment opportunities on the Project site. 2 EL The City of San Bernardino finds that all potential significant environmental impacts of the proposed Project will be mitigated by the inclusion of design features and incorporation of all feasible v mitigation measures as set forth in the Mitigation Monitoring and Reporting Program(MMRP), 3 except for:(1)exceedance of SCAQMD regional thresholds for VOC and NO,during construction r0 and operation;(2)cumulatively contribute to an increase in traffic along select segments of the 1-215 in m under Horizon Year(2035)traffic conditions that would cause the segments to operated at LOS F; and(3)conflict with the LOS standards set fourth in the County of San Bernardino CMP. The City of O San Bernardino further finds that this alternative is infeasible because it would not attain as many of c 0 the key Project Objectives and would not provide the City of San Bernardino with the benefits of the '@ proposed Project described above and in the Statement of Overriding Considerations. Therefore,for Z l the potential significant impacts that cannot be mitigated to a level below significance,the City of San Bernardino adopts the Statement of Overriding Considerations located in Appendix A of this document pursuant to CEQA Guidelines Section 15093. 0 N Sports Park/Light Industrial Alternative W The Sports Park/Light Industrial Alternative proposes development of land uses on the Project site that comply with the current General Plan land use and zoning designations,namely a sports park H with soccer fields on the northern portion of the site(north of Central Avenue). The Light Industrial r mland uses on the southern portion of the Project site will remain consistent with the proposed Project's rr planned industrial uses at that location. m The City of San Bernardino finds that impacts to Air Quality and Transportation/Traffic would be o reduced,albeit not to a less than significant level. Mass daily emissions of NOx would still exceed 'W the SCAQMD significance thresholds at Project build-out(2013). The Traffic Impact Analysis E prepared for the proposed Project concludes that segments of the 1-215 Freeway would operate at v LOS F even without the Project under Horizon Year(2035)traffic conditions. Because the City of m c San Bernardino has no control over State facilities,and because the State facilities funded and s planned to be developed under future traffic conditions are already anticipated to operate at LOS F a even without the proposed Project,there are no further improvements that can be imposed upon the ro Project to mitigate its small cumulative contribution to significant impacts to the identified segments of 1-215 Freeway under Horizon Year(2035)traffic conditions. Caltrans has exclusive control over E State highway improvements and State highway improvements are by and large a matter of Statewide control. G L d Aside from Au Quality and Transportation/Traffic,thirteen(13)of the issue areas would remain E s relatively the same or less for this alternative when compared with the proposed Project,and impacts I would remain less than significant or less than significant with mitigation. G Mkhael Bondman Associates ar Il:Ve (MRIY )M30i%Ti WinpW130156 N+ow W V S,w oWirp oriel 0).[YD12 Erc Packet Pg: 717 National orange Show Industrial Project Feasibility of Project Altamagves Findings of Fact for Environmental Effects This alternative would meet only four of the Project objectives: Objective 2(Convert currently under . utilized land on the Project site to industrial uses that will create jobs and enhance the City's tax o base);Objective 8(Accommodate new infill development in an orderly manner that will fully utilize a. existing infrastructure and public improvements);Objective 9(Provide new development that will w assist the City in obtaining fiscal balance in the years and decades ahead); and Objective 10(Provide -'oc additional employment opportunities on the Project site).The infrastructure improvements that would 3 be necessary for implementation of the Sports Park/Light Industrial Alternative would generally be in ts°n accord with Objective 8. Objectives 2,9,and 10 would minimally be met by this alternative due to the small number ofjobs and economic activity that a Sports Park/Light Industrial Alternative would m create. However,there would be far fewer jobs than the estimated 192 jobs that would be created by O m the proposed Project,and any City of San Bernardino revenues created by a Sports Park/Light o Industrial Alternative would be much less than those that would be created by an industrial park. z Therefore,this alternative would only nominally meet Objectives 2,8,9,and 10 at levels that are much less than the proposed Project and would still have a significant and unavoidable impact for Air Quality and Transportation/Traffic. c The City of San Bernardino finds that all potential significant environmental impacts of the proposed w Project will be mitigated by the inclusion of design features and incorporation of all feasible tr mitigation measures as set forth in the Mitigation Monitoring and Reporting Program(MMRP), N except for:(1)exceedance of SCAQMD regional thresholds for VOC and NO,during construction Cl! and operation;(2)cumulatively contribute to an increase in traffic along select segments of the 1-215 <, under Horizon Year(2035)traffic conditions that would cause the segments to operated at LOS F; a and(3)conflict with the LOS standards set fourth in the County of San Bernardino CMP. The City of San Bernardino further finds that this alternative is infeasible because it would not attain as many of the key Project Objectives and would not provide the City of San Bernardino with the benefits of the on proposed Project described above and in the Statement of Overriding Considerations. Therefore,for 0 m the potential significant impacts that cannot be mitigated to a level below significance,the City of San '£ Bernardino adopts the Statement of Overriding Considerations located in Appendix A of this o document pursuant to CEQA Guidelines Section 15093. c c c a M c d E U v A c m E U U N Q 42 Michael enndman Associates N''Chem(PNJNFaUI]NOno156YinGnpd01)OIM Nuian,l Orange Shaw Fl"Inp orFW D)-I4]0I:doc PackefPg. 718 i 7.A.c National Orange Show Industrial Project Findings of Fact for Environmental Effects U d O Q` m N V I C 3 O L N v 2r c A O m c 0 z Appendix A: Statement of Overriding Considerations 0 A d N N M O Q d A N C O .N N E E O U rn c 'c c (a a M c w E L u m x Q c m E L U t0 Q Michael Brandman Associates KkCllonl(PN MU13W0130155ffindmg00001%Nadona)O"W SM1 SlYmunt of( m&@81-2012.4 Packet Pg.719 7.A.c National Orange Show Industrial Pro/"t Findings of Fact for Environmental Effects Statement of Overriding Considerations d 0 The California Environmental Quality Act(CEQA)requires the lead agency to balance the benefits of a` R a proposed Project against its unavoidable environmental risks in determining whether to approve the 'y 3 ! Project. I The City of San Bernardino proposes to approve National Orange Show Industrial Project although o III, significant and unavoidable adverse impacts are expected to occur associated with: (1)exceedance of m SCAQMD regional thresholds for VOC and NO,during construction and operation;(2)cumulatively R contribute to an increase in traffic along select segments of the 1-215 under Horizon Year(2030) traffic conditions that would cause the segments to operated at LOS F;and(3)conflict with the LOS c standards set fourth in the County of San Bernardino CMP. These significant adverse unavoidable .0 impacts have been identified and evaluated in the Final EIR. Even though these adverse impacts are z not reduced to a level considered less than significant,the San Bernardino City Council finds,after balancing these impacts with the benefits of the proposed Project,that those impacts are outweighed by the benefits of the Project. Further,the alternatives which were identified in the Final EIR would c not meet the Project Objectives,either in part or in whole,to the same extent as the proposed Project. 2 Pursuant to Public Resources Code Section 2I08 1(b)and the CEQA Guidelines Section 15093,the City of San Bernardino has balanced the benefits of the proposed Project against these unavoidable adverse impacts associated with the Project and has adopted all feasible mitigation measures with N ri respect to the air quality and transportation/traffic impacts. o a v The City of San Bernardino also has examined alternatives to the proposed Project,none of which m meets the Project Objectives and/or is environmentally preferable to the Project. The City of San `m rn Bernardino,after balancing the specific economic,legal,social,technological,and other benefits of a the proposed project,has determined that the unavoidable adverse environmental impacts identified .N above may be considered"acceptable'due to the following specific considerations which outweigh E the unavoidable,adverse environmental impacts of the proposed Project. Each of the separate u benefits of the proposed Project,as stated herein,is determined to be,unto itself and independent of m the other Project benefits,a basis for overriding all unavoidable adverse environmental impacts identified in these Findings. The City Council and City Planning Staff have independently verified a the existence of all facts staled below to justify the Statement of Overriding Considerations. c m • The City has made a reasonable and good faith effort to eliminate or substantially mitigate the {_ z potential impacts resulting from the Project,as described above. • All Mitigation Measures recommended in the Final EIR have been incorporated into the a Project and will be implemented through the MMRP. m E r • All alternatives to the Project,set forth in the Final EIR,do not provide substantial a environmental benefits over the Project because they do not reduce its significant and Michael Brandman Associates A-f N:1CIiM(IN-IN)b013MI30136T, 'mpul301b"m ory S wSwmwof�.O 21-2012.tl Packet Pg. 720 7.A.c National Orange Show Indusbgl Protect Flmfhtga of Fact for Environmental ENeets unavoidable impacts to less than significant,and the City finds that Project objectives and/or v specific economic,social and other benefits outweigh any environmental benefits of the a alternatives. n o In accordance with CEQA Guidelines Section 15093,the City has,in determining whether to approve the Project,balanced the economic,legal,social,technological,and other benefits, c including region-wide or statewide environmental benefits of the Project against these o unavoidable environmental risks,and has found that the benefits of the Project outweigh the w unavoidable adverse environmental effects. The following statements specify the reasons why, m in the City s judgment,the benefits of the Project outweigh its unavoidable environmental risks. The City also finds that any one of the following reasons for approval cited below is c sufficient to justify approval of the Project. Thus,even if a court were to conclude that not every reason is supported by substantial evidence,the City will stand by its determination that z each individual reason is sufficient. The substantial evidence supporting the City's Findings n and the benefits described below can be found in the Record of Proceedings. ._ - The proposed Project will convert currently underutilized land on the Project site to c industrial uses that will enhance the City's tax base. °- N - The proposed project will contribute valuable jobs that will help decrease the area's 13.2 percent unemployment rate,as the jobs can be filled by residents of the City and the N surrounding area. F� - The proposed Project will provide an industrial park that supports a wide range of M warehouse distribution and industrial tenants. This will be of benefit in that the proposed c Project will attract a wide range of new businesses to the currently underutilized Project site. - The proposed Project redevelops infill rather than expanding into greenfield. - The proposed Project will provide convenient access to trucks that will use the warehouse o N distribution facilities on the Project site in a manner that minimizes disruption to Mn residential areas within the City of San Bernardino. The Project site is located on or near E designated truck routes and can access the 1-215 Freeway directly,minimizing disruption u m to residential areas. E c - The proposed Project will cluster industrial uses near existing roadways and freeways, which will serve to limit traffic congestion and associated air emissions. n. - The proposed Project's proximity to the freeway will also prevent unnecessary wear and c tear on interior streets by trucks. E E - The proposed Project includes the installation of 3 m W of solar panels to help offset m greenhouse gas emissions. Q - The proposed Project will develop industrial uses near existing rail and airport uses,which will serve to improve multimodal goods movement and reduce air emissions associated E E with trucking. U a A 2 Michael Brandman Associates H,rlwm(M-M401)%001301W)5 iy,O01ADM N-t-10-ME SLw "1`" Packet Pg. 721 National orange Show Industrial Protect Findings o/Fact for Environmental EMwts - - The proposed Project provides warehouse space that helps to alleviate the 1/2 billion square feet deficit of warehouse space required to service the San Pedro port area. 'o - The proposed Project will facilitate goods movement for the benefit of local,regional, a` statewide,and nationwide economic growth. The warehouse and distribution facilities .y will provide for the efficient distribution of goods throughout Western San Bernardino c County and the greater Southern California region. ; - The proposed project will complete the National Orange Show Industrial Park with 0 L rn necessary infrastructure while incorporating high quality,consistent design standards. 0 Infrastructure necessary to support the project will be required. Project buildings,in conjunction with substantial landscaping,will he well designed,of high quality,and 0 visually attractive. Infrastructure upgrades to the adjacent roadway system will benefit the o City in general and the surrounding property owners in particular. z - The proposed Project will provide for the orderly accommodation of new infill development that will fully and efficiently utilize existing infrastructure and public improvements. - The proposed Project will provide new development that will assist the City of San Bernardino in obtaining fiscal balance in the years and decade ahead. The establishment 2 of an industrial park on the currently underutilized Project site will increase property and other tax revenues,and the influx of new employees into the area will benefit existing and N future retail and services businesses in the area. N ri - The proposed Project will provide additional employment opportunities on the Project � site. The Final EIR estimates that the proposed project will generate approximately 192 °o. v jobs,many of which will consist of highly trained workers. m • The foregoing benefits provided to the public through approval and implementation of the m Project outweigh the identified significant adverse environmental impacts of the Project that cannot be mitigated. m • Each of the Project benefits separately and individually outweighs the unavoidable adverse o U environmental impacts identified in the Final EIR and therefore finds those impacts to be G acceptable. c m • Economic,social,and other considerations and benefits derived from the development of the a Project override and make infeasible any alternatives to the Project or further Mitigation "2 c Measures beyond those incorporated into the Project. a, E L U Q C d E L U A a A-3 Michael Brandman Associates It Via WNJMW131MUDI%VjMlpal 30156 N6o"empt Show Smemml of 0 do 0221.2012 dm eE HARO John Coare,Chm, Lary Heasl Y.Vice-Chair A. 'ub'° Laiv,a Durr CITY OF SAN BERNARDINO anre nnerewer ben COMMUNITYDEVELOPMENTDEPARTMENT Moto ro Amelia S Lopez d James Eble 300 North "D"Street, San Bernardino, California 92418 'o R h Phone:(909)384-505715071 • F=. (909)384-5080 a m Bab Brown,Alt y a PLANNING COMMISSION MINUTES *DRAFT E L REGULAR MEETING v MARCH 28, 2012 m A GENERAL PLAN AMENDMENT NO. 11-04, TENTATIVE PARCEL MAP No. 19330 0 m (SUBDIVISION No. 11-02)&DEVELOPMENT PERMIT 2 NO. 11-04 0 DEVELOPMENT AGREEMENT NO. 12-01 Z z m m GENERAL PLAN AMENDMENT NO. 12-02, TENTATIVE PARCEL NO. 19369 (SUBDIVISION NO. 12-01), & DEVELOPMENT PERMIT 2 NO. 12-02 N c 0 CONDITIONAL USE PERMIT NO. 12-03 "- d r DEVELOPMENT CODE AMENDMENT NO. 12-02 w N M m.+y v y #h 15 � u # #y} .,. C o E 0 U j v L U E L { U N Q C E L U A a Pagel of 3 03/28/2012 '``PacketPg. 723 7.A.d Chair Conte called the meeting to order at 6:00 p.m. Vice-Chair Heasley led the flag salute. v 0 Present: Commissioners Conte, Durr, Heasley, Jimenez, Lopez, Machen, Mulvihill and Rawls. a` Excused: Absent: Brown. Staff present: M. Margo Wheeler, Community Development Director; Henry Empeno, Jr., Senior Deputy City Attorney; Tony Stewart, City Planner; Aron Liang; a Senior Planner and Daren Maynard,Planning Aide. c 3 ADMINISTRATION OF OATH c Aron Liang administered the oath. i, c CONSENT AGENDA: o R C M. Margo Wheeler, Community Development Director, recommended the meeting minutes 2 of February 22,2012 for approval. z Chair Coate made a motion to approve the meeting minutes of February 22,2012. The motion carried by the following vote: Ayes: Coute, Dort, Heasley, Jimenez, Lopez, Machen and Mulvihill.Nays: None. Abstain: Rawls. Absent: Brown. 2 N PUBLIC COMMENTS-ITEMS NOT ON AGENDA i C No comments. N PUBLIC HEARINGS o 2. GENERAL PLAN AMENDMENT NO. 11-04,TENTATIVE PARCEL MAP No. 19330 (SUBDIVISION No. 11-02) & DEVELOPMENT PERMIT 2 NO. 11-04— A request to change the land use designation of approximately 37.18 acres from PCR, o Public Commercial Recreation and CH, Commercial Heavy to IL, Industrial Light, w and to subdivide the site into 3 parcels for development of four industrial buildings, E totaling 727,710 square feet. The project site is an irregular configuration, with the u main portion of the site bounded by Arrowhead Avenue to the west, Esperanza Street and its extension on the north, a flood control channel on the east, and Central Avenue to the south. In addition, portions of the project site are also located south of `R Central Avenue, at the southeast comer of Central Avenue and Arrowhead Avenue, a and in an area that extends north of the main site between the extension of Esperanza Street and Mill Street. w E L Environmental Determination: Environmental Impact Report Owner: National Orange Show a Applicant: Lewis Retail Centers c/o Timothy C. Reeves APN's: 0136-472-01, 02 &0136492-01 E Ward: 3 ` a Page 2 of 3 03/28/2012 Packet Pg. 724 7.A.d Aron Liang,Senior Planner,gave a brief presentation on the project. Timothy Reeves, 11156 North Mountain Avenue,Upland, CA,Project Applicant 0 introduced himself to the Planning Commission and welcomed questions from the a Commission and the public. m Chair Coate asked if citrus trees could be added to the landscaping design on the project. a' c Timothy Reeves said orange trees could be planted along Central Avenue. r N Commissioner Lopez asked if additional parking would be created for events that could c attract large crowds. m 0 m Timothy Reeves said the nearby Arrowhead Stadium had offered to accommodate parking o for large events and the Orange Show also has various parking lots throughout the fairground. z Commissioner Machen made a motion to recommend that the Mayor and Common Council Certify the Environmental Impact Report (SCH #201107017), Adopt the Facts, Findings and Statement of Overriding Considerations, Adopt the Facts, Findings and Statement of Overriding N Considerations, Adopt the Mitigation Monitoring/Reporting Program and Approve General Plan c Amendment No. 11-04, Tentative Parcel Map No. 19330 (Subdivision No. 11-02) and Development Permit 2 No. 11-04 based on the findings of fact in the Staff Report and subject to the Conditions of Approval, as amended to add orange trees along Central Avenue. w Commissioner Heasley seconded the motion, c N The motion carried by the following vote: Ayes: Conte, Dort, Heasley, Lopez,Machen,Mulvihill and Rawls.Nays: None. Abstain: Jimenez. Absent: None. c 0 w x E E 0 U c c m a v c 0 E L U W Q C U E L U A Q Page 3 of 3 03/28/2012 1 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 NATIONAL ORANGE SHOW INDUSTRIAL PROJECT, 5 ADOPTING THE FACTS, FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS, ADOPTING THE MITIGATION MONITORING AND 6 REPORTING PROGRAM, AND APPROVING GENERAL PLAN AMENDMENT NO. d 7 11-04, TENTATIVE PARCEL MAP NO. 19330 (SUBDIVISION NO. 11-02) AND a a DEVELOPMENT PERMIT 2 NO. 11-04. N 9 � 10 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF c 1 THE CITY OF SAN BERNARDINO AS FOLLOWS: ) 12 SECTION 1. Recitals. 0 13 WHEREAS, the Mayor and Common Council of the City of San Bernardino adopted the 0 14 City General Plan by Resolution No. 2005-362 on November 1,2005; and Q15 WHEREAS, on June 30, 2011, the Development/Environmental Review Committee 16 reviewed plans for the National Orange Show Industrial Project ("Project') and approved release M 17 of a Draft Environmental Impact Report (EIR) for the Project, pursuant to the California `o 18 Environmental Quality Act(CEQA); and '>�, tv WHEREAS, on June 30, 2011, the City circulated a Notice of Preparation (NOP) of an 20 Environmental Impact Report (EIR) to responsible agencies, interested parties and the public to 0 h 21 solicit comments and concerns regarding the scope of analysis to be conducted for the National c 22 Orange Show Industrial Project EIR, and collected comments on the NOP during a review period t zs from July 7,2011, to August 8,2011; and a 24 WHEREAS, on July 13, 2011, the City conducted a public scoping meeting to provide 25 information about the National Orange Show Industrial Project and to receive public comments 26 on the scope of analysis to be conducted for the National Orange Show Industrial Project EIR; 27 and 28 1 7.A.e © I WHEREAS, all comments received at the public scoping meeting and in responses to the 2 NOP were considered in the preparation of a Draft EIR for the National Orange Show Industrial 3 Project, and were incorporated in the Draft EIR; and 4 WHEREAS, a Draft EIR for the National Orange Show Industrial Project was circulated 5 for a 45-day public review from July 7, 2011 through August 8, 2011, and six comment letters 6 were received by the City;and v o 7 WHEREAS, a Final EIR for the National Orange Show Industrial Project was prepared a` 8 pursuant to CEQA requirements, including the Draft EIR, technical appendices to the Draft EIR, N 9 responses to all comments submitted in response to the Draft EIR, and changes to the Draft EIR; c to and L 1 y t t WHEREAS,on March 28, 2012,the Planning Commission of the City of San Bernardino rn 12 held a noticed public hearing to consider written and oral comments, including a report of o 13 recommendations from staff which recommended certification of the National Orange Show `o 14 Industrial Project Final EIR and approval of the National Orange Show Industrial Project; and z 15 WHEREAS, on April 16, 2012 the Mayor and Common Council of the City of San 16 Bernardino held a noticed public hearing to consider written and oral comments, and reviewed M c 17 and considered the plans for development of the National Orange Show Industrial Project y Is (General Plan Amendment No. 11-04,Tentative Parcel Map No. 19330 and Development Permit X I9 2 No. 11-04), and exercised independent analysis and judgment in its review of the Final EIR, 1° 0 20 the Mitigation Monitoring and Reporting Program (MM/RP), Draft Facts, Findings and 21 Statement of Overriding Considerations, and the Planning Division Staff Report. 22 SECTION 2. ENVIRONMENTAL IMPACT REPORT A 23 NOW, THEREFORE, BE IT RESOLVED, FOUND AND DETERMINED THAT THE a 24 MAYOR AND COMMON COUNCIL HEREBY CERTIFY: 25 A.The facts and information contained in the Recitals section are true and correct. 26 B. The Final EIR for the National Orange Show Industrial Project,comprised of the Draft 27 EIR and technical appendices, a list of all persons and agencies that submitted comments on the 28 Draft EIR, all written comments on the Draft EIR, text changes to the Draft EIR, and written 2 -7-A.e 1 responses to all comments, was prepared pursuant to CEQA requirements and is attached to this 2 Resolution as"Exhibit I",and incorporated herein by reference. 3 C. The Mayor and Common Council exercised independent analysis and judgment in its 4 review of the National Orange Show Industrial Project Final EIR, and considered all contents of s the Final FIR prior to taking an action on certification of the Final EIR, and prior to making a 6 decision on the Project, General Plan Amendment No. 11-04, Tentative Parcel Map No. 19330 7 and Development Permit 2 No. 11-04. a` s D. The Final EIR has identified all potentially significant environmental effects that y 9 would result from development and operation of the National Orange Show Industrial Project, c 0 to and has identified all feasible avoidance actions and mitigation measures that can reduce t N l 1 potential adverse effects on the environment. o c 12 E. Mitigation measures identified in the Final EIR have been compiled in a Mitigation o 13 Monitoring and Reporting Program (MM/RP) for the National Orange Show Industrial Project. o 14 The Mayor and Common Council considered implementation of the MM/RP in its consideration z Is of the potential effects of the Project, attached to this Resolution as"Exhibit 2",and incorporated 1° 16 herein by reference. 12 F. Potential alternatives to the proposed development plan for the National Orange Show is Industrial Project were analyzed in the Final EIR. Reasons for rejecting alternatives as infeasible, W 19 or as not meeting the Project objectives, are discussed in the Facts, Findings and Statement of 0 20 Overriding Considerations, attached to this Resolution as "Exhibit 3", and incorporated herein by d 21 reference. d 22 G. The Mayor and Common Council has given great weight to the significant 23 unavoidable adverse environmental impacts identified in the Final EIR, and discussed in the a 24 Facts,Findings and Statement of Overriding Considerations. zs H. The Mayor and Common Council hereby fords that the findings in the Facts, Findings 26 and Statement of Overriding Considerations, with respect to the National Orange Show 27 Industrial Project, are true and correct, and are based on substantial evidence in the record, 28 including documents comprising the Final EIR. 3 Im �j 1 I. The Final EIR, MM/RP, and the Facts Findings and Statement of Overriding 2 Considerations reflect the independent review, analysis and judgment of the Mayor and Common 3 Council of the City of San Bernardino. 4 SECTION 3. CERTIFICATION OF THE ENVIRONMENTAL IMPACT REPORT 5 NOW,THEREFORE,BE IT RESOLVED,FOUND AND DETERMINED by the Mayor 6 and Common of the City of San Bernardino that the Final EIR for the National Orange Show d 7 Industrial Project(SCH#201107017) is hereby certified,the Facts, Findings and Statement of a s Overriding Considerations are hereby adopted, and the Mitigation Monitoring and Reporting w 9 Program is hereby adopted. t0 SECTION 4. GENERAL PLAN AMENDMENT NO 11-04 0 L N 11 NOW, THEREFORE, BE IT RESOLVED,FOUND AND DETERMINED by the Mayor 12 and Common of the City of San Bernardino that: o 13 A. General Plan Amendment No. 11-04 is hereby approved based upon the Findings of o 14 Fact contained in the Staff Report to the Planning Commission dated March 28,2012. z 15 B. The Land Use Map of the General Plan is hereby amended pursuant to General Plan 16 Amendment No. 11-04, to change the land use designation from Public Commercial Recreation M 17 (PCR) and Commercial Heavy(CH) to Industrial Light(IL) in the area outlined in"Exhibit 4" a 2 is copy of which is attached and incorporated herein by reference. z 19 C. General Plan Amendment No. 11-04 shall become effective upon the adoption and 20 execution of this Resolution. y d 21 SECTION 5. TENTATIVE PARCEL MAP NO. 19330 m 22 Tentative Parcel Map No. 19330 is hereby approved based upon the Findings of Fact and subject Fq 23 to the Conditions of Approval contained in the Staff Report to the Planning Commission dated 24 March 28, 2012. 25 SECTION 6. DEVELOPMENT PERMIT 2 NO 11-04 26 Development Permit 2 No. 11-04 is hereby approved based upon the Findings of Fact and 27 subject to the Conditions of Approval contained in the Staff Report to the Planning Commission 29 dated March 28, 2012. 4 Packet Pg:729 Ct SECTION 7. MAP NOTATION 2 This Resolution and the amendment affected by it shall be noted on such appropriate General 3 Plan maps as having been previously adopted and approved by the Mayor and Common Council 4 and which are on file in the office of the City Clerk. 5 SECTION 8. NOTICE OF DETERMINATION 6 The Planning Division is hereby directed to file a Notice of Determination with the County of v 7 San Bernardino, certifying the City's compliance with the California Environmental Quality Act. a 8 m 9 10 N 11 y 12 0 O 13 O 14 V Z IS � r 16 M 17 0 0 18 w lY 19 r_ 20 0 N d 21 C d 22 L U A 23 Q 24 25 26 27 28 S 'Packet,Pg:.730 I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CERTIFYING THE FINAL ENVIRONMENTAL 2 IMPACT REPORT FOR THE NATIONAL ORANGE SHOW INDUSTRIAL PROJECT, 3 ADOPTING THE FACTS, FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS, ADOPTING THE MITIGATION MONITORING AND a REPORTING PROGRAM, AND APPROVING GENERAL PLAN AMENDMENT NO. 5 11-04, TENTATIVE PARCEL MAP NO. 19330 (SUBDIVISION NO. 11-02) AND DEVELOPMENT PERMIT 2 NO. 11-04. 6 � 0 7 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and a` A 8 Common Council of the City of San Bernardino at a meeting thereof,held y 9 on the day of ,2012,by the following vote, to wit: 3 10 Council Members: AYES NAYS ABSTAIN ABSENT t rn MARQUEZ m 12 JENKINS O 13 VALDNIA o O14 SHORETT z 15 KELLEY 16 JOHNSON M c 17 MC CAMMACK = A 18 m 19 Georgeann Hanna, City Clerk 20 n 21 The foregoing resolution is hereby approved this day of 2012. d 22 s 23 Patrick J. Morris,Mayor a 24 Approved as to form: City of San Bernardino JAMES F.PENMAN, 25 City Attorney 26 B C3�n1 27 © 28 6 Packet Pg.731 EXHIBIT 1 The Final EIR for the National Orange Show Industrial Project, comprised of the Draft EIR and technical appendices, a list of all persons and agencies that submitted comments on the Draft EIR, all written comments on the Draft EIR, text changes to the Draft EIR, and written responses to all comments are available online at: v 'o WWW.sbcitv.org; Highlight "How Do I...:', see heading "Locate", click "Planning Documents", scroll down to"National Orange Show Industrial Project". ` N "O A copy of the Final EIR for the National Orange Show Industrial Project will be attached as —` Exhibit 1 to this Resolution to be filed in the City Clerk's Office if this Resolution is adopted by t the Mayor and Common Council. N d a c m 0 m c 0 z co r O N C O 'a m K C w x a c` da W w i c a t X w c d E t 0 m x a Packet Pg. 732 7.A.g "Exhibit 2" U d O a` m Mitigation Monitoring Reporting Program for 3 0 National Orange Show Industrial Project N d City of San Bernardino, San Bernardino County, California 0` 0 M Z ro so Prepared for: Lewis Retail Centers 1156 N. Mountain Avenue 0 Upland, California 91786 H v Contact: Mr. Timothy Reeves, VP Retail Project Development W E m 0 0 a` Prepared by: Michael Brandman Associates r 0 621 E. Carnegie Drive, Suite 100 a San Bernardino, CA 92408 W 909.884.2255 in `o Contact: Bob Prasse, Branch Manager o 0 c 0 MEMO MEMO N Miclsael BrwsJvun Assouwes a r March 15, 2012 w c v E L U N a Packe#�Pg:7�3` a6ueJp leuOileN : 89LO [L UOISIAaa] WeJBOld BuiLiodoH 6uuoliuow uogefig!W- Z l!q!gx3 :luowy°eSV rn °' r Q rn m T « Y U y ° t @ ` 4 5 a c 0 — 0 a w C w ° m a Z o ° o c c v WU o � � O c EE o m a' Y �, c7UDOa '° o'J � UWUOOa. o a o ° 13° o cd A O O � L y c c 3 � t V O 2M C o ;6 .2.. 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The Project vi Approvals encompass the approvals for the Project for purposes of CEQA and CEQA Guidelines section 15378 and these determinations of the City. O The following approvals apply to the Project: c Table 1: Actions and Approvals z ao m Lead.Agency Action © City of San Bernardino Adopt a resolution to certify the Final EIR and adopt the MMP tot the Project _ e o City of San Bernardino General Plan Amendment MA City of San Bernardino Zone Change City of San Bernardino Planning Permit/Site plan approval to construct four industrial a buildings C City of San Bernardino Tentative Parcel Map to subdivide the larger portion of the site north 0 0 of Central Avenue into three parcels e C LL These Findings,along with the Statement of Overriding and the MMRP,are made with respect to the Project Approvals for the Project and state the Findings of the Planning Commission relating to the a potentially significant environmental effects of the Project in accordance with the Project Approvals. w The following Findings,along with the Statement of Overriding Considerations,and MMRP are C hereby adopted by the Planning Commission as required under CEQA,Public Resources Code a, E Sections 21081,21081.5 and 21081.6,and CEQA Guidelines sections 15091 through 15093,for the Project: R As stated in CEQA Guidelines section 15091: (a) no public agency shall approve or carry out a project for which an EIR has been certified Owhich identifies one or more significant environmental effects of the project unless the public Michael arandman Associates r WWOW'J130156TF mpW]30156NNUnl On Sbw FmmlmpofFn W-142012.6 Packet Pg. 748 7.A.h National Orange Show Industrial Project Introduction Findings of Fact for Environmental Effects agency makes one or more written Findings for each of those significant effects, accompanied by a brief explanation of the rationale of each Findings. The possible Findings are: 1. Changes or alterations have been required in,or incorporated into,the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR[hereinafter,"Finding 1"]. 2. Such changes or alterations are within the responsibility and jurisdiction of another v 0 public agency and have been,or can and should be,adopted by that other agency a` [hereinafter,"Finding 2"]. 3. Specific economic,legal,social,technological or other considerations,make a infeasible the mitigation measures or project alternatives identified in the final EIR a 3 [hereinafter,"Finding 3"]. o L (b) The required by subdivision(a)shall be supported by substantial evidence. n v (c) The finding in subdivision(a)(2)shall not be made if the agency making the finding has c m concurrent jurisdiction with another agency to deal with identified feasible mitigation p measures or alternatives. The finding in subdivision(a)(3)shall describe the specific reasons 0 for rejecting identified mitigation measures and project alternatives. 'M z m 1.2 - Background In compliance with the requirements of the California Environmental Quality Act(CEQA)and the CEQA Guidelines,the City of San Bernardino has conducted an environmental review of the 4 N proposed National Orange Show Industrial Project("Proposed Project"or"Project"). A Notice of > Preparation(NOP)was released for public review on July 7,2011. The Draft Environmental Impact X v Report(EIR)was released on December 9,2011. After receiving public comment on the Draft EIR, 1i the City of San Bernardino prepared Responses to Comments(RTC)on the Draft EIR. The RTC o N document includes the verbatim comments received on the Draft EIR,a list of those commenting,and m the City's responses to the significant environmental points raised. These Findings are based upon the information contained in the Record of Proceedings,including the Final EIR,which includes the Draft EIR and Technical Appendices,the RTC,City staff reports,Project applicant provided 9 materials,testimony presented during public hearings,and all of the materials set forth in the Record 'r of Proceedings. w c d The CEQA Public Resources Code Section 21000 et seq.provides that"public agencies should not E approve projects as proposed if there are feasible alternatives or feasible mitigation measures available which would substantially lessen the significant environmental effects of such projects" 4 (CEQA Section 21002;emphasis added). The procedures required by CEQA"are intended to assist public agencies in systematically identifying both the significant effects of proposed projects and the feasible alternatives or feasible mitigation measures which will avoid or substantially lessen such significant effects"(CEQA Section 21002;emphasis added). 2 Michael Bmndman Associates H-.W013=1301561FhtlmP=J301%Ntl ffll Oemee SMw Fi mp ofFC1 03-142012 c EXHIBIT 3 National orange Show Industrial Project Findings of Fact for Environmental Effects Introduction OCEQA provides that a public agency has an obligation to balance a variety of public objectives, including economic,environmental,and social factors and,in particular,the goals of providing employment opportunities for highly trained workers,and providing a satisfying living environment for every Californian(Public Resources Code Section 21081;CEQA Guidelines, 14 Cal.Code of Regulations, Section 15021(d)). CEQA also provides that"in the event[that]specific economic, -- U social,or other conditions make infeasible such project alternatives or such mitigation measures, 0 individual projects may be approved in spite of one or more significant effects thereof' (Public a` � Resources Code Section 21002). CEQA requires decision-makers to balance the benefits of a proposed project against its significant unavoidable adverse environmental impacts,and,if the v benefits of a proposed project outweigh the significant unavoidable adverse environmental impacts, —c the unavoidable adverse environmental impacts may be considered"acceptable"by adopting a r "Statement of Overriding Considerations"(CEQA Guidelines, 14 Cal.Code of Regulations, to Section 15093). The Statement of Overriding Considerations must set forth the project benefits or reasons why the Lead Agency is in favor of approving the project and must weigh these benefits O against the project's adverse environmental impacts identified in the Final EIR that cannot be o mitigated to a less-than-significant level. z 1 Because the National Orange Show Industrial Project Draft EIR identified significant effects that may m ^ occur as a result of the proposed Project,and in accordance with the provisions of CEQA and the f i CEQA Guidelines,the City Council of the City of San Bernardino hereby adopts these Findings, Findings of Fact and Statement of Overriding Considerations. For each of the significant effects w identified in Section 2,as set forth in greater detail in these Findings below,the City Council makes the finding under Public Resources Code Section 21081(a)(1)and/or(a)(2). For each of the " U significant effects identified in Section 3,as set forth in greater detail in these Findings below,the ti City Council makes the finding under Public Resources Code Section 21081(a)(3). I rn c In accordance with the provisions of CEQA and the CEQA Guidelines,the City Council of the City of San Bernardino has independently reviewed the record of proceedings,and based on the evidence a in the Record of Proceedings adopts these Findings of Fact and Statement of Overriding .2 Considerations. z x W 1.3 -Custodian and Location of Records d E The documents and other materials that constitute the administrative record for the City of San m Bernardino's actions related to the proposed Project are located at the City of San Bernardino G Community Development Department(300 N."D"Street, 3`a Floor, San Bernardino,California, 92418)and the Feldheym Public Library(555 W. 6t°Street, San Bernardino,California,92410). The City of San Bernardino Community Development Department is the custodian of the record of proceedings for the Project. Copies of these documents,which constitute the record of proceedings, are and at all relevant times have been and will be available upon request at the office of the Michael Brandman Associates 3 H:\0013\00130156\FiMmgv\00130156NM(mi O\ g wFiMmp ofF=02-14 2 011tl 7.A.h National Orange Show Industrial Project Introduction Findings of Fact for Environmental Effects o Community Development Department. This information is provided in compliance with Public Resources Code Section 21081.6(a)(2)and CEQA Guideline Section 15091(e). 1.4 -Project Description The proposed Project includes the construction of four industrial buildings comprising approximately 752,710 square feet of building area on approximately 38.1 acres(32.86 acres north parcel and 4.32 acres south parcel). Building sizes will range from approximately 27,810 square feet to 616,000 0 square feet. Regional access to the Project site would be provided by Interstate 215 (I-215)to the a. M west of the site,I-10 to the south,and State Route 210(SR-210)to the north. This location was w strategically chosen to minimize traffic impacts by locating an industrial use with trucking close to major freeways. The existing uses of the property,parking and storage,do not maximize its potential o as an industrial site located near the freeway. N m rn The City of San Bernardino General Plan Map and Zoning Map(2005)designates the proposed R Project site for Public Commercial Recreation(PCR),and Heavy Commercial(CH). In order to 0 j accommodate the proposed project,a zone change/general plan amendment will be required to re- o designate the property from approximately 37.18 acres of PCR and CH to Industrial Light(IL).The z PCR and CH designation reflects historical use of the main part of the site as an overflow parking area for the National Orange Show grounds located on the west side of Arrowhead Avenue. 1.5 - Project Objectives o n The following Project Objectives have been established for the National Orange Show Industrial Project. U W OBJ-1 Implement a General Plan Amendment and Zone Change,to provide for the orderly o transition from Public Commercial Recreation(PCR)to Light Industrial(LI). rn c a OBJ-z Convert currently underutilized land on the Project site to industrial uses that will LL create jobs and enhance the City's tax base. rya a OBJ3 Provide an industrial park that supports a wide range of warehouse distribution and x W industrial tenants. c m OBJ-4 Provide convenient freeway access to trucks that will use the warehouse distribution facilities on the Project site. =° Q OBJ5 Cluster industrial uses near existing roadway and freeways to reduce traffic congestion and air emissions. OBJS Facilitate goods movement for the benefit of local,regional,statewide and Qnationwide economic growth. 4 Michael Brandman Associates H:U013U1M156Wa0mp"1M156 National Ovi SMw FiMmlofF.03442012&. { 7.A.h EXHIBIT 3 Nadonal Orange Show Industrial Pro/ecf Findings of Fact for Environmental Effects Introduction OBJ-7 Complete the National Orange Show Industrial Project with necessary infrastructure while incorporating high quality,consistent design standards. OBJ-8 Accommodate new infill development that in an orderly manner that will fully utilize j existing infrastructure and public improvements. i v OBJ-9 Provide new development that will assist the City in obtaining fiscal balance in the Q a years and decades ahead. T, N OBJ-10 Provide additional employment opportunities on the Project site. c 3 1.6 - Record of Proceedings t y For purposes of CEQA and these Findings,the Record of Proceedings for the proposed Project m consists of the following documents and other evidence,at a minimum: o m • The Notice of Preparation(NOP)and all other public notices issued by the City in connection o with the proposed Project; z • The Final Environmental Impact Report(Final EIR)for the proposed project,which consists of the Draft EIR,the Technical Appendices,and the Response to Comments(RTC); • The Draft EIR; o .N • All written comments submitted by agencies and members of the public during the public + review comment period of the Draft EIR; • All responses to written comments submitted by agencies or members of the public during the o public review comment period of the Draft EIR; c i • All written and verbal public testimony presented during a noticed public hearing for the c LL proposed Project at which such testimony was taken; M • A Mitigation Monitoring and Reporting Program(MMRP); a X • The documents,reports and technical memoranda included or referenced in the Technical Appendices of the Final EIR and/or referenced in the Final EIR; E E • All documents,studies,EIRs,or any other materials incorporated by reference in the Draft EIR n i and Final EIR and/or referenced in the Draft EIR or Final EIR; G • The ordinances and resolutions adopted by the City of San Bernardino in connection with the proposed Project,all documents incorporated by reference therein; ti Michael]3015 ndman Associates 5 N:+IDII\W13U1561�Wmgeb'J130156 Nazunal Oteope SMw PialmpolFacl03-143013.doc PackefPg.752`- National Orange Show Industrial Project Introduction Findings of Fact for Environmental Effects • Matters of common knowledge to the City of San Bernardino,including but not limited to, jfederal,State,and local laws and regulations and policy documents; • Written correspondence submitted to the City of San Bernardino in connection with the proposed Project; • All documents,City staff reports,City studies,and all written or oral testimony provided to the City of San Bernardino in connection with the proposed Project,as well as City responses to d .o any letters received after the close of the public review period,if any; IL m • Any documents expressly cited in these Findings; V • The City of San Bernardino's General Plan and the City's Zoning Ordinance; 3 • All testimony and deliberations received or held in connection with the proposed Project in a 0 to public meeting;and c • Any other relevant materials required to be in the record of proceedings by Public Resources O Code Section 21167.6(e)excluding any and all privileged materials,including materials submitted to the City of San Bernardino by the Project applicant. °— .2 2 1.7 - Environmental Review and Public Participation n In June 2011,the City of San Bernardino determined that the proposed Project may have significant affects on the environment and that an EIR should be prepared to analyze the potential impacts .o N associated with approval and implementation of the proposed Project. On July 7,2011,in accordance 'd with Section 15082 of the CEQA Guidelines,the City of San Bernardino distributed a Notice of Preparation(NOP)of an Environmental Impact Report to the State Clearinghouse,local and regional U. responsible agencies,and all other interested parties. The City held an advertised,public seeping c meeting on the NOP on July 13,2011 to provide: (a)information regarding the proposed Project and cm (b)an opportunity for public input regarding project issues that should be addressed in the Draft EIR. c .S A total of six agencies responded to the NOP. A copy of the NOP,and the responses received during n the 30-day public review period are contained in Appendix A,Notice of Preparation and a z Correspondence,of the Subsequent Draft EIR. w c Over the course of a seven-month period,the Draft EIR for the proposed Project was prepared and E circulated for review and comment by the public,agencies,and organizations for a 45-day public u review period that began on December 9,2011,and ended January 23,2012. A Notice of Completion Q (NOC)of the Draft EIR was sent to the State Clearing House and the Draft EIR was circulated for State review through the State Clearinghouse,(SCH.No.2011071017). A Notice of Availability (NOA)of the Draft EIR for review was mailed to approximately 90 property owners within a 300- foot radius of the Project site,as well as any interested parties that requested notification regarding the proposed Project and/or EIR. i g Michael Brandman Associates H:b013\00130156\FiMiogs\W130156Na(wml0rang<SFOw FiMingsofFa[03-141012tloc EXHIBIT 3 National Orange Show Industrial Project Findings of Fact for Environmental Effects Introduction ODuring the public review period,one comment letter on the Draft EIR was received. All comments received on the Draft EIR were responded to in writing. The RTC,which is a component of the Final EK was distributed to commentors on March 15,2012 in accordance with Section 15088(b)of the CEQA Guidelines. The RTC was also made available for public review at the Feldheym Public Library,located at 555 W.6th Street,San Bernardino,California,92410. -- U d There have been numerous opportunities for public review and comment concerning both the a proposed Project and the environmental documents prepared for the Project,including the public Ta forums set forth below: v c • City of San Bernardino Planning Commission meetings; and o • City of San Bernardino City Council meetings. to i m rn c !3 1.8 -General Findings o` The City of San Bernardino hereby finds as follows: o Z • The City of San Bernardino is the"lead agency"for the proposed Project evaluated in the Final o EIR; r [ , • The Draft EIR and the Final EIR were prepared in compliance with CEQA and the CEQA R �•+/ Guidelines; 2 0 N • The City of San Bernardino has undertaken an independent review to analyze the Draft EIR and the Final EIR,and these documents reflect the independent judgment of the City Council; g m LL • A Mitigation Monitoring and Reporting Program(MMRP)has been prepared requiring o mitigation measures and/or the changes to the proposed Project,which the City of San Bernardino has adopted and made a condition of approval of the proposed Project. The MMRP is incorporated herein by reference and is considered a part of the Record of Proceedings for the proposed Project; 9 • The MMRP designates responsibility and anticipated timing for the implementation of w mitigation; c ar • The City of San Bernardino will serve as MMRP coordinator, E U n • In determining whether the proposed Project has a significant impact on the environment,and 4 in adopting these Findings pursuant to Section 21081 of CEQA,the City has complied with CEQA Section 21081.5 and 21082.2; • The impacts of the proposed Project have been fully analyzed to the extent feasible at the time of certification of the Final EIR; Michael Bondman Associates 7 N9W13\000156\F Ssb0130156Nann[Om SE wFi mgo(FW0 3-14 2 01 2,rc National Orange Show Industrial Project Introduction Findings of Fact for Environmental Effects e The City of San Bernardino reviewed the comments received on the Draft EIR and the responses thereto,and has determined that neither the comments received nor the responses of such comments add significant information regarding environmental impacts of the Draft EIR. The City of San Bernardino has based its actions on full appraisal of all view points,including all comments received up to the date of adoption of these findings,concerning the environmental impacts identified and analyzed in the Final EIR; U U e The responses to the comments in the Draft EK which are contained in the Final EIR,clarify 'o a` and amplify the analysis in the Draft EIR; m a Having reviewed the information contained in the Draft EK the Final EIR,and the Record of a Proceedings,as well as the requirements of CEQA,and having analyzed the changes in the 5 Draft EIR that have occurred since the close of the respective public review periods,the City of s San Bernardino finds that there is no new significant information in the Final FIR and finds to v that recirculation is not required; e The City of San Bernardino has made no decisions that constitute an irretrievable commitment 0 Z of resources toward the proposed Project prior to certification of the Final EK nor has the City o previously committed to a definite course of action with respect to the proposed Project; z a The City of San Bernardino has independently analyzed the EIR prepared for the proposed Project,and has independently considered the imposition of mitigation measures and all other matters related thereto; and 0 a Copies of all the documents incorporated by reference in the Final EIR are and have been •� v available upon request at all times at City of San Bernardino Community Development a Department,the custodian of records for such documents and other materials. LL O Having received,reviewed,and considered all information and documents on the record,the City of rn San Bernardino hereby conditions the proposed Project as set forth in the Conditions of Approval,the S c Mitigation Monitoring and Reporting Program,and finds as stated in these Findings of Fact and a Statement of Overriding Considerations. M 9 L k W C d E L U m a 9 Michael Brandman Associates a:M01310013015TF mgsW[301%Ne lO�cShow Fi mpofFact 03-142011&c National Orange Show Industrial project impacts Declared To Be Less Than Significant Findings of Fact for Environmental Effects (No Mitigation Required) SECTION 2: IMPACTS DECLARED TO BE LESS THAN SIGNIFICANT (NO MITIGATION REQUIRED) The City agrees with the characterization in the Final EIR with respect to all impacts identified as `less than significant'and finds that those impacts have been described accurately and are less than significant or present no impact as so described in the Final EIR. Under CEQA,no mitigation measures are required for impacts that are less than significant. (Pub.Resources Code, § 21002; v CEQA Guidelines, §§ 15126.4, subd.(a)(3); 15091.) This finding applies to the impacts described in 'o the following sections N Aesthetics (Section 3.1) a c • Impact AES-1: Substantial adverse effect on a scenic vista. o s fn • Impact AES-2: Impacts to scenic resources. m rn c • Impact AES-3: Degradation of the project area visual character. m O A • Impact AES-4:New source of substantial light or glare which would adversely affect day or o nighttime views. m Z • Impact AES-5: Cumulative significant impact on the visual character of the broader Project r area. Agriculture Resources (Section 3.2) D .y d • Impact AG-1: Conversion of prime farmland,unique farmland,or farmland of statewide importance(farmland)to non-agricultural use. @ LL • Impact AG-2:Conflict with existing zoning for agricultural use,or a Williamson Act contract. w m • Impact AG-3: Changes in the existing environment which could result in conversion of c Farmland to non-agricultural use. LL n • Impact AG-4: Cumulative contribution to the conversion of prime and unique farmland or a conversion of farmland to non-agricultural uses. x w c Air Quality(Section 3.3) E U U • Impact AQ-1: Conflict or obstruction of implementation of the SCAQMD Air Quality Management Plan. • Impact AQ-2:Violate any air quality standard or contribute substantially to an existing or projected air quality violation. • Impact AQ-5: Creation of objectionable odors affecting a substantial number of people. Michael Brandman Associates 9 a:W013MI30156 Mio W0130156 Nwn=[O�Show Ffid pofF 03-1L2012.O Packet Pg:756 Impacts Declared To Be Less Than Significant National Orange Show Industrial Project (No Mitigation Required) Findings of Fact for Environmental Effects Biological Resources (Section 3.4) • Impact BR-2: Impacts on any riparian habitat or other sensitive natural community. • Impact BR-3: Impact on federally protected wetlands as defined by Section 404 of the Clean Water Act. • Impact BR-4: Interference with the movement of any native resident or migratory fish or w wildlife species or with established native resident or migratory wildlife corridors,or impede a. the use of native wildlife nursery sites. m • Impact BR-5:Conflict with local policies or ordinances protecting biological resources. c • Impact BR-6: Conflict with an adopted Habitat Conservation Plan,Natural Community 3 0 Conservation Plan,or other approved local,regional,or state habitat conservation plan. w m • Impact BR-7:Cumulative impact on any sensitive species,habitat,or wetland,interfere with the movement of wildlife,or conflict with any local policies,ordinances,or habitat O conservation plans to protect biological resources. o M Z Cultural Resources (Section 3.5) ao n • Impact CR-1: Changes in the significance of a historical resource. • Impact CR-3: Destruction of a unique paleontological resource or site or unique geologic o feature. •, a. • Impact CR-4: Disturbance of any human remains. u m LL Geology and Soils (Section 3.6) c m m c • Impact GS-2: Soil erosion or the loss of topsoil. C LL • Impact GS4: Risks related to expansive soil. • Impact GS-5: Soils incapable of adequately supporting the use of septic tanks or alternative a z wastewater disposal systems. w c ar Greenhouse Gases (Section 3.7) E z u m • Impact GHG-1_• Generation of greenhouse gas emissions. 4 • Impact GHG-2: Conflict with an applicable plan,policy,or regulation adopted for the purpose of reducing the emissions of greenhouse gases. 10 Michael Bradman Associates H.W13=130156Vi m9sW130156NeimmlO—eeSMwPi mpo[Fw03-13301 2 dx PacketPg.757 National Orange Show Industrial Protect Impacts Declared To Be Less Than Significant Findings of Fact for Environmental Effects (No Mitigation Required) Hazards and Hazardous Materials (Section 3.8) • Impact HHM-1: Hazards related to the routine transport,use,or disposal of hazardous materials. • Impact HHM-2: Upset and accident conditions involving the release of hazardous materials into the environment. ^ U d • Impact HHM-3:Hazardous emissions or handle hazardous or acutely hazardous materials, a substances,or waste within one-quarter mile of an existing or proposed school. 6 • Impact HHA4 4: Location on a list of hazardous materials sites. c • Impact HHM-5: Location within an airport land use plan or within two miles of a public o airport. y i y • Impact HHM-6: Location within the vicinity of a private airstrip. c • Impact HHM-7: Impairment or interference with an adopted emergency response plan or m emergency evacuation plan. o Z • Impact HHM-8: Risks involving wildland fires. .. m • Impact HHM-9:Cumulative hazard to the public or the environment with respect to the handling of hazardous materials,substances,and waste;airport safety;the impairment of emergency response,or wildland fire hazard. p .2 d Hydrology and Water Quality(Section 3.9) v m • Impact HWQ-1: Violation of water quality standards or waste discharge requirements. w 0 • Impact HWQ-2: Depletion of groundwater supplies or interference with groundwater recharge. Z • Impact HWQ-3: Alteration of the existing drainage pattern of the site or area resulting in c LL erosion or siltation. • Impact HWQ-4:Alteration of the existing drainage pattern of the site or area resulting in L flooding. C • Impact HWQ-5: Creation or contribution of runoff water which would exceed the capacity of 0 existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff. Q • Impact HWQ-6:Degradation of water quality. • Impact HWQ-7: Placement of housing within a 100-year flood hazard area. Michael Brandman Associates 11 WWOW0130156TWmg")30156 Ndmma Owoge SMw Fi rap ofFW 03-1<2012.6 tx Impacts Declared To Be Less Than Significant National Orange Show Industrial Project (No Mitigation Required) Findings of Fact for Environmental Effects • Impact HWQ-8: Placement within a 100-year flood hazard area structures which would impede or redirect flood flows. • Impact HWQ-9: Exposure of people or structures to a significant risk of loss,injury or death involving flooding. • Impact HWQ-10: Subject to inundation by seiche,tsunami,or mudflow. u m • Impact HWQ-11: Cumulative impacts with respect to water quality,erosion,siltation,or o 0. hazards from flooding. R N 3 Land Use and Planning (Section 3.10) c 3 • Impact LUP-1: Division of an established community. s U) • Impact LUP-2: Consistency with any applicable land use plan,policy,or regulation. m • Impact LUP-3: Conflict with any applicable habitat conservation plan or natural community O conservation plan. a 0 • Impact LUP4: Cumulative impacts with respect to the physical division of an established z community,conflicts with applicable land use plans,policies or regulations,or conflicts with any applicable habitat conservation plan or natural community conservation plan. `. Mineral Resources (Section 3.11) 2 0 y • Impact MR-1: Loss of availability of a known mineral resource. X 6 • Impact MR-2:Loss of availability of a locally-important mineral resource recovery site li delineated on a local general plan, specific plan or other land use plan. o N Ol • Impact MR-3: Cumulative loss of known mineral resources or contribute to the cumulative loss v of availability of locally-important mineral resource recovery sites delineated on local general LL plans,specific plans or other land use plans. r5 a s Noise (Section 3.12) w • Impact N-2: Exposure of persons to or generation of excessive groundbome vibration or m E groundborue noise levels. • Impact N-3: Increase in ambient noise levels in the project vicinity. G 1 • Impact N-5: Location within an airport land use plan or within two miles of a public airport and exposure to excessive noise levels. I O • Impact N-6: Within the vicinity of a private airstrip,exposure to excessive noise levels. 12 Michael j Mi a B n nAssociates H:W13 OU0156FtlmgaW 130156NUuOue SMw F dm,. FM 03-14 201'Je: � Packet Pg. 759. National Orange Show Industrial Project Impacts Declared To Be Less Than Significant Findings of Fact for Environmental Effects (No Mitigation Required) Population and Housing (Section 3.13) • Impact PH-1:Induce population growth in an area. • Impact PH-2: Displace existing housing,necessitating the construction of replacement housing elsewhere. • Impact PH-3:Displace substantial numbers of people,necessitating the construction of a replacement housing elsewhere. ° IL • Impact PH4: Cumulative population growth or the substantial displacement of either housing 3 or peoples in the area. a c 3 Public Services (Section 3.14) t U3 d • Impact PS-1: Substantial adverse physical impacts associated with the provision of new or m physically altered fire facilities. p • Impact PS-2: Substantial adverse physical impacts associated with the provision of new or o 1 physically altered police facilities. Z i • Impact PS-3: Substantial adverse physical impacts associated with the provision of new or [�•�.) physically altered school facilities. = V • Impact PS4: Substantial adverse physical impacts associated with the provision of new or o physically altered park facilities. m • Impact PS-5: Substantial adverse physical impacts associated with the provision of new or U physically altered other facilities. a • Impact PS-6: Cumulative substantial adverse physical impacts associated with the provision of m m new or physically altered fire,police,school,park,or other facilities. E D C LL Recreation (Section 3.15) M a • Impact R-1: Increase the use of existing neighborhood and regional parks or other recreational x facilities such that substantial physical deterioration of the facility would occur or be w c accelerated. E r • Impact R-2: Inclusion or expansion of recreational facilities. m ' a • Impact R-3: Cumulative impacts on recreation facilities. ,r••�. • Impact T4: Increase hazards due to a design feature or incompatible uses. F • Impact T-5: Inadequate emergency access. �•/ Michael Bmndman Associates 13 H:W013W0130156\F mpW0130156 N.00 0-eg Show FindiwotFS1 03-142011& Packet Pg. 760 Impacts Declared To Be Less Than Significant National Orange Show Industrial Project (No Mitigation Required) Findings of Fact for Environmental Effects • Impact T-6: Conflict with adopted policies,plans,or programs regarding public transit,bicycle, or pedestrian facilities,or otherwise decrease the performance or safety of such facilities. Utilities and Service Systems (Section 3.17) • Impact U-1: Exceed wastewater treatment requirements. U • Impact U-2: Require or result in the construction of new water or wastewater treatment Q. facilities or expansion of existing facilities. It • Impact U-3: Require or result in the construction of new storm water drainage facilities or a expansion of existing facilities. 3 0 • Impact U-4: Sufficient water supplies available to serve the project from existing entitlements y 0 and resources. s m • Impact U-5: Result in a determination by the wastewater treatment provider that it has adequate O capacity to serve the project's projected demand. o • Impact U-6: Served by a landfill with sufficient permitted capacity to accommodate the z project's solid waste disposal needs. r • Impact U-7:Compliance with federal,state,and local statutes and regulations related to solid waste. c 0 • Impact U-8: Cumulative impact related to utilities and service systems. v u m LL 0 N G a c LL M S W u C 0) L u a 14 Michael Brandman Associates 11.=3W01301�mg"1301%Na lO�SMw Fi mpw ofFxi 0 3-14 2 011tl National Orange Show Industrial Project Impacts Mitigation to a Findings of Fact for Environmental Effects _ Less Than Significant Level ^ SECTION 3: IMPACTS MITIGATED TO A LESS THAN SIGNIFICANT LEVEL �j The Final Environmental Impact Report(Final EIR) for the National Orange Show Industrial Project identifies significant individual project-level and cumulative adverse impacts of the proposed Project, as well as proposed mitigation measures that would avoid or lessen impacts to less than significant. Those impacts and mitigation measures are identified in the following sections. The San Bernardino City Council finds,based on the facts set forth in the record,which include but are not limited to the facts as set forth below,that the incorporation of the identified mitigation measures would mitigate .o 0. the identified significant individual project-level and cumulative adverse impacts to levels that are considered less than significant. These findings have been prepared and considered in accordance w with California Environmental Quality Act(CEQA)Guideline 15091. v c 3 0 Air Quality z N Ot iT Impact AQ-4: The project could expose sensitive receptors to substantial pollutant c A concentrations. 0 Potentially Significant Impact o The proposed Project would emit air pollutants during construction and operation that could impact z nearby sensitive receptors. to to r, Findings Pursuant to CEQA Guidelines Section 15091 (a)(1),changes or alterations have been required in,or o incorporated into,the proposed Project that avoid or substantially lessen the significant environmental 'w effect as identified in the Final EIR. U Facts in Support of the Finding LL The potentially significant project-specific environmental impact has been eliminated or substantially o lessened to a level that is less than significant by virtue of the following mitigation measure as c identified in the Final EIR and incorporated into the proposed Project. E LL MM AIR-1 b During operation,the following measures shall be complied with: a s • Prohibit onsite truck idling in excess of five minutes. w • In order to reduce the project's operation diesel particulate matter emissions, prior to the issuance of building permits,the project applicant shall require by r contract specifications that signs shall be posted on the site in loading bay areas informing truck drivers of the California Air Resources Board Q regulations that limit truck idling to no more than five(5)minutes on site. The developer/successor-in-interest shall establish a complaint line for complaints regarding smoke,noise,and idling in excess of 5 minutes. This complaint line shall be a toll free 1-800 number and posted on visible signs. Michael Brandman Associates 15 N^A0BM13015A Iut =1301%Nnu ]Onoge 5Ww Fi irp off ADM- N012.� PacketPg. 762 Impacts Mitigation to a National Orange Show Industrial project Less Than Significant Level Findings of Fact for Environmental Effects • Use electricity,propane,butane,or natural gas to power onsite off-road equipment(i.e.,forklifts,etc.)instead of diesel or gasoline. MM AIR4c During operation,the following measures shall be complied with: • At project start,all heavy-duty trucks entering the property must meet or exceed EPA 2007 engine emission standards. v • Beginning in 2015,all heavy-duty trucks entering the property must meet or o exceed 2010 engine emission standards. a • If the above clean truck requirements are infeasible,a phase-in schedule should be put forth that will feasibly achieve emission reductions as soon as v possible. 3 • The facility operator will maintain a log of all trucks entering the facility to t ensure that on average,the daily truck fleet meets the emission standards listed in the EIR. This log should be available for inspection by city staff at any time. O • The facility operator will ensure that site enforcement staff in charge of o keeping the daily log and monitoring for excess idling will be trained/certified .@ Z in diesel health effects and technologies[for example,by requiring attendance at CARB approved courses(such as the free,one-day Course#512)]. i • Require at least a portion of the fleet to utilize alternative fueled technologies. • Create a buffer zone,which can be office space,employee parking,greenbelt, o etc.between the warehouse and sensitive receptors. • Prohibit all vehicles from idling in excess of five minutes on site. • Have truck routes clearly marked with trailblazer signs,so trucks will not enter m residential areas. r` • At a minimum,require tenants upon occupancy that do not already operate m m 2007 and newer trucks to apply in good faith for funding to replace/retrofit 5 'v their trucks,such as Carl Moyer,VIP,Prop 1B,or other similar funds. Should a funds be awarded,the tenant should also be required to accept and use them. • Require facility operator to become SmartWay Partner upon start of a L operations. w • Require facility operator to incorporate incentives and requirements such that the maximum feasible number of truck trips(e.g.,90%)will be carved by E SmartWay 1.0 or greater carriers within the shortest timeframe possible(e.g., three years). According to the Draft EIR,the estimated maximum increased cancer risk and chronic hazard index for the maximally exposed on-site worker and the closest residential receptor to the project boundary from on-site idling and running emissions were compared with the SCAQMD CEQA thresholds. The analysis assumed that the trucks would idle onsite for 5 minutes and that there would be no onsite off- 16 Michael Brandman Associates a10013W130156Tiid WM130156NR1i 1OmeSl w Fdingeo(Fmt 03.10.2011&c Packet Pg.763 National Orange Show Industrial ProJect Impacts Mitigation to a Findings of Fact for Environmental Effects Less Than Significant Level road equipment(i.e.,forklifts,etc.). The comparison of cancer risk and chronic hazard index to the thresholds is shown in Table 3.3-10. The increased cancer risk and chronic hazard index for both worker and receptor are below the SCAQMD CEQA thresholds. To ensure that risks remain less than significant,mitigation is required. Without proper mitigation to regulate truck idling and the use of diesel and gasoline,the impact to nearby sensitive receptors would remain potentially significant. Mitigation Measure AIR-lb and AIR-Ic limits onsite truck idling and v the use of diesel or gasoline,thereby decreasing the operational risk associated with on-site toxic air ° a contaminants. The implementation of Mitigation Measure AIR-lb and AIR-lc,as further described in the EK would reduce the impacts to a level that is less than significant. Based on the analysis contained in the EIR,other considerations in the record,and the standards of significance,the City finds that implementation of Mitigation Measure AIR-lb and AIR-lc would ensure that impacts a related to sensitive receptors would be reduced to a less-than-significant level. w v Reference: Section 3.3,Air Quality,of the Draft EIR. O m Biological Resources o Impact BR-1: The project could have a substantial adverse effect,either directly or through habitat modifications,on a species identified as a candidate,sensitive,or special status species in local or regional plans, policies,or regulations,or by the n © California Department of Fish and Game or U.S.Fish and Wildlife Service. Potentially Significant Impact 0 Trees on the Project site could provide suitable nesting habitat for a number of bird species that A would fall under the protection of the Migratory Bird Treaty Act(MBTA). lfground disturbance K occurs during the nesting season(February through August), nesting birds may be directly or LL indirectly impacted. `o N W Findings 9 Pursuant to CEQA Guidelines Section 15091 (a)(1),changes or alterations have been required in,or LL incorporated into,the proposed Project that avoid or substantially lessen the significant environmental effect as identified in the Final EIR. a Z X w Facts in Support of the Finding •• c The potentially significant project-specific environmental impact has been eliminated or substantially E lessened to a level that is less than significant by virtue of the following mitigation measure as identified in the Final EIR and incorporated into the proposed Project. 4 MM SR-1a If vegetation removal,soil disturbance,or any other construction-related activity is to occur during the avian nesting season(February I through August 31),a preconstruction nesting bird survey shall be conducted not greater than seven days prior to initiation of construction. If nests are discovered,they shall be avoided by an Michael Brandman Associates 17 H:WOIMWU015SFUdinp=130156 NW ml Omen SE wFm mpofF=03-142012.5¢ Packet Pg. 764 Impacts Mitigation to a National Orange Show Industrial Project Less Than Significant Level Findings of Fact for Environmental ERects appropriate buffer,as determined by a qualified wildlife biologist. The temporary "no construction"area shall be maintained until the nest has completed its cycle,as determined by a qualified wildlife biologist. Once the nest cycle is complete and all nestlings have fledged and left the nest,then construction in the area could resume. Construction activity may only occur within the temporary"no construction"area at the discretion of a biological monitor. U d As explained in the Draft EIR,the biological resource study(MBA 2011)indicated that no candidate, ° a sensitive or special-status plants were observed on the site during the field survey. Additionally, since the Project site is highly disturbed by activities associated with the Bar None Auctions and dominated by non-native species,there is a very low potential for any rare plant species to occur on the Project site. Furthermore,none of the candidate,sensitive, special-status wildlife species or c species of special concern,as identified in local,regional,and State regulations or by the CDFG or to USFWS,was observed on site during the field survey. Therefore,candidate,sensitive, special-status wild life species or species of special concern are very unlikely to occur within the Project site and 0 the impacts associated will be less than significant. 0 However,as discussed above,trees on the project site could provide suitable nesting habitat for a z number of bird species that would fall under the protection of the MBTA. Without proper mitigation r0 to regulate the timing of vegetation removal,soil disturbance,or any other construction activity,the L impact to nesting birds would remain potentially significant. The implementation of Mitigation Measure BR-1 a,as further described in the EIR,would reduce the impacts to a level that is less than e significant. Based on the analysis contained in the EIR,other considerations in the record,and the •A standards of significance,the City finds that implementation of Mitigation Measure BR-la would K ensure that impacts related to sensitive receptors would be reduced to a less-than-significant level. AS LL O Reference: Section 3.4,Biological Resources,of the Draft EIR. c D Cultural Resources LL M Impact CR-2: The protect could cause a substantial adverse change in the significance of an .� archaeological resource pursuant to§15064.5. a t X Potentially Significant Impact w Based upon the Project site's potential occurrence within the territory of the Serrano Native American populations prior to European settlement, it is possible that previously unknown archaeological resources could be uncovered during excavation and grading activities associated with Project construction. Findings 18 Michael Brandman Associates a:W'J13100130156�F mg UJM156N.io O,a SMw Fi m,,off.03-142012.8 National Orange Show Industrial Project Impacts Mitigation to a Findings of Fact for Environmental Effects Less Than Significant Level Pursuant to CEQA Guidelines Section 15091 (a)(1),changes or alterations have been required in,or incorporated into,the proposed Project that avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of the Finding The potentially significant project-specific environmental impact has been eliminated or substantially lessened to a level that is less than significant by virtue of the following mitigation measure as d identified in the Final EIR and incorporated into the proposed Project. a m MM CR-t In the event that buried cultural resources are discovered,all activities shall cease in the immediate vicinity of the find and a qualified archaeologist shall be consulted to determine whether the resource requires further study. The qualified archeologist 30 shall make recommendations to the Lead Agency on the measures that shall be N implemented to protect the discovered resources,including but not limited to c excavation of the finds and evaluation of the finds in accordance with§ 15064.5 of O the CEQA Guidelines. Any previously undiscovered resources found during construction within the Project area should be recorded on appropriate DPR forms o and evaluated for significance in terms of CEQA criteria. If the resources are z determined to be unique historic resources as defined under§ 15064.5 of the CEQA C0 Guidelines,mitigation measures shall be identified by the monitor and recommended L to the Lead Agency. Appropriate mitigation measures for significant resources could include avoidance or capping,incorporation of the site in green space,parks,or open o .y space,or data recovery excavations of the finds. No further grading shall occur in the vicinity of the discovery until the Lead Agency approves the measures to protect these resources. Any archaeological artifacts recovered because of mitigation 0 shall be donated to a qualified scientific institution approved by the Lead Agency where they would be afforded long-term preservation to allow future scientific study. c LL In addition,reasonable efforts to avoid,minimize,or mitigate adverse effects to the property will be M taken and the SHPO and Native American tribes with concerns about the property,as well as the a Advisory Council on Historic Preservation(ACHP)will be notified within 48 hours in compliance w { with 36 CFR 800.13(b)(3). c m While a records search and onsite pedestrian survey determined that no known archeological resources are present on the Project site,it is,however,located within the territory of the Serrano and Q was possibly used by Native American populations prior to European settlement. Without proper mitigation to regulate ground-disturbing construction activity,the impact to previously unknown j archeological resources would remain potentially significant. The implementation of Mitigation ! Measure CR-I,as further described in the EK would reduce the impacts to a level that is less than 1' significant. Based on the analysis contained in the EIR,other considerations in the record,and the Michael Brandman Associates 19 H.W13=13015ffF mge100130156 NUwWOrn Show Fhd poFFW 03-)FWll0 7.A:h Impacts Mitigation to a National Orange Show Industrial Project Less Than Significant Level Findings of Fact for Environmental Effects standards of significance,the City finds that implementation of Mitigation Measure CR-1 would ensure that impacts related to cultural resources would be reduced to a less-than-significant level. Reference: Section 3.5,Cultural Resources,of the Draft EIR. Impact CR5: The project,when considered on a cumulative basis,could cause a substantial adverse impact due to the discovery of currently unknown historic, prehistoric,or ^ archeological resources. d 0 Potentially Significant Impact a Excavation and other ground-disturbing construction activity could impact unknown cultural N resources or human remains on the Project site and could contribute to potentially significant c cumulative impacts. 3 0 L Findings d s Pursuant to CEQA Guidelines Section 15091 (a)(1),changes or alterations have been required in,or incorporated into,the proposed Project that avoid or substantially lessen the significant environmental 0 m effect as identified in the Final EIR. o Facts in Support of the Finding Z m The potentially significant cumulative environmental impact has been eliminated or substantially lessened to a level that is less than significant by virtue of the following mitigation measure as identified in the Final EIR and incorporated into the proposed Project. c 0 y MM CR-t In the event that buried cultural resources are discovered,all activities shall cease in > 0) ac the immediate vicinity of the find and a qualified archaeologist shall be consulted to U determine whether the resource requires further study. The qualified archeologist li shall make recommendations to the Lead Agency on the measures that shall be `0 N implemented to protect the discovered resources,including but not limited to excavation of the finds and evaluation of the finds in accordance with§ 15064.5 of the CEQA Guidelines. Any previously undiscovered resources found during construction within the Project area should be recorded on appropriate DPR forms i a and evaluated for significance in terms of CEQA criteria. If the resources are x determined to be unique historic resources as defined under§ 15064.5 of the CEQA w Guidelines,mitigation measures shall be identified by the monitor and recommended E to the Lead Agency. Appropriate mitigation measures for significant resources could include avoidance or capping,incorporation of the site in green space,parks,or open Q space,or data recovery excavations of the finds. No further grading shall occur in the vicinity of the discovery until the Lead Agency approves the measures to protect these resources. Any archaeological artifacts recovered because of mitigation 20 Michael arandman Associates H.W013W01301561Fi 4sW013OlMNai MIOt cSMw FiMmpofFa 03-14-201'_Inc Pac7eiPg.767 National Orange Show Industrial Project Impacts Mitigation to a Findings of Fact for Environmental Effects Less Than Significant Level shall be donated to a qualified scientific institution approved by the Lead Agency where they would be afforded long-term preservation to allow future scientific study. In addition,reasonable efforts to avoid,minimize,or mitigate adverse effects to the property will be taken and the SHPO and Native American tribes with concerns about the property,as well as the Advisory Council on Historic Preservation(ACHP)will be notified within 48 hours in compliance with 36 CFR 800.13(b)(3). d 0 As explained in the Draft EIR,according to the Cultural Resource Survey of the National Orange a m Show Industrial Park Project,there are no known cultural resources that occur on the Project site. .N However,excavation and other ground-disturbing activities during Project construction could impact unknown cultural resources or human remains at the Project site. Without proper mitigation to 3 regulate ground-disturbing construction activity,the cumulatively considerable impact to previously N unknown cultural resources or human remains would remain potentially significant. The o, implementation of Mitigation Measure CR-1,as further described in the EIR,would reduce the impacts to a level that is less than significant. Based on the analysis contained in the EIR,other 0 considerations in the record,and the standards of significance,the City finds that implementation of o Mitigation Measure CR-1 would ensure that impacts related to cultural resources would be reduced to z a less-than-significant level. w r i ^ Reference: Section 3.5,Cultural Resources,of the Draft EIR. Geology and Soils '0� m rc Impact GS 4: The project could expose people or structures to potential substantial adverse '5 effects, including the risk of loss, injury,or death involving: W iii) Seismic-related ground failure,including liquefaction. u w 0 Potentially Significant Impact o S The specific risks associated with ground failure such as liquefaction, seismic settlement, and lateral spreading could potentially occur on the Project site. The results of liquefaction analysis conducted LL as part of the Geotechnical Investigation indicated that onsite soils are susceptible to liquefaction. t"+ a L Findings w Pursuant to CEQA Guidelines Section 15091 (a)(1),changes or alterations have been required in,or m incorporated into,the proposed Project that avoid or substantially lessen the significant environmental t effect as identified in the Final EIR. Q Facts in Support of the Finding The potentially significant project-specific environmental impact has been eliminated or substantially j lessened to a level that is less than significant by virtue of the following mitigation measure as identified in the Final EIR and incorporated into the proposed Project. s Michael Steadman Associates 21 H:M13W013015ffWveeW01301 M Nuboel On eShow Fu uW or Fn 03-14 2 011doo PacketPg. 768 Impacts Mitigation to a National Orange Show Industrial Project Less Than Significant Level Findings of Fact for Environmental Effects MM GS-1 During site preparation and prior to onsite grading: a Significant vegetation and other deleterious materials shall be removed from all areas to be graded. Such materials may not be used as or within engineered fill. . All uncontrolled fills shall be completely removed,cleaned of significant deleterious materials,and may then be reused as compacted fill. v . All existing uncontrolled and/or undocumented fills and buried obstructions ° a under any proposed flatwork and paved areas shall be removed and replaced with engineered compacted fill. a Any cavity created by removal of subsurface obstructions shall be thoroughly cleaned of loose soil,organic matter and other deleterious materials, shaped to 0 provide access for construction equipment,and backfilled in accordance with y American Society for Testing and Materials(ASTM)D1557. m O As explained in the Draft EK the San Jacinto and San Andreas Faults are the two largest active faults in the City of San Bernardino area. The San Jacinto fault is a sub-parallel branch of the San 1 Andreas Fault,extending from the northwestern San Bernardino area,southward,into the El Centro z region,and is located approximately one mile southwest of the Project site. The San Andreas Fault is { located approximately 5.2 miles to the northeast of the Project site. The San Andreas Fault is considered to be the major tectonic feature of California,separating the Pacific plate from the North c American Plate. As such,seismic ground failure is a risk. 4 w As the Draft EIR further explains,the specific risks associated with ground failure include the potential for liquefaction,seismic settlement,and lateral spreading,all of which could potentially occur on the Project site. The results of liquefaction analysis conducted as part of the Geotechnical a 7 0 1 Investigation(Appendix E)indicated that onsite soils are susceptible to liquefaction. The rn i C Geotechnical Investigation suggests that possible manifestations of liquefaction at the Project site a S could be in the form of ground settlements,sand boils/ground cracking,and bearing capacity failures S of shallow foundations. Without proper mitigation to regulate site preparation and grading activity, n the impact to onsite people and structures would remain potentially significant. Implementation of L Mitigation Measures GS-1 would ensure that post-construction settlement would be within tolerable w levels. The implementation of Mitigation Measure GS-1,as further described in the EIR,would reduce the impacts to a level that is less than significant. Based on the analysis contained in the EIR, r other considerations in the record,and the standards of significance,the City finds that implementation of Mitigation Measure GS-1 would ensure that impacts related from geotechnical Q conditions would be reduced to a less-than-significant level. Reference: Section 3.6,Geology and Soils,of the Draft EIR. 22 Michael Brandman Associates H,1 13WIN1561FV1m M1301%NeIw.l Onn Sl Fi ml off., National Orange Show Industrial project Impacts Mitigation to a Findings of Fact for Environmental Effects Less Than Significant Level © Impact GS-3: The project could be located on a geologic unit or soil that is unstable,or that would become unstable as a result of the project,and potentially result in collapse or compression. Potentially Significant Impact Onsite surface soils and other organic materials are unsuitable for building support. These soils are compressible and lack the stability to bear the weight of the planned structures. u d Findings a Pursuant to CEQA Guidelines Section 15091 (a)(1),changes or alterations have been required in,or 5 incorporated into,the proposed Project that avoid or substantially lessen the significant environmental effect as identified in the Final EIR. c 3 0 Facts in Support of the Finding r U) The potentially significant project-specific environmental impact has been eliminated or substantially rn lessened to a level that is less than significant by virtue of the following mitigation measure as 0 identified in the Final EIR and incorporated into the proposed Project. Ta c 0 MM GS-7 During site preparation and prior to onsite grading: m Z m • Significant vegetation and other deleterious materials shall be removed from � all areas to be graded. Such materials may not be used as or within engineered (Vt fill. c • All uncontrolled fills shall be completely removed,cleaned of significant m deleterious materials,and may then be reused as compacted fill. IY • All existing uncontrolled and/or undocumented fills and buried obstructions under any proposed flatwork and paved areas shall be removed and replaced li w with engineered compacted fill. w • Any cavity created by removal of subsurface obstructions shall be thoroughly a cleaned of loose soil,organic matter and other deleterious materials,shaped to S LL provide access for construction equipment,and backfrlled in accordance with M American Society for Testing and Materials(ASTM)D1557. a r X W As explained in the Draft EK onsite surface soils and other organic materials are unsuitable for c building support. These soils are compressible and lack the stability to bear the weight of the planned E structures. All grading must adhere to the requirements of City of San Bernardino Municipal/Grading I Code,as well as the recommendations found within the Geotechnical Investigation(Appendix E). Q Onsite soils would be stabilized through over-excavation,soil moisture conditioning,fill placement and compaction,and sub-surface drainage. The existing soils within the majority of the site would be over-excavated and the upper layer of soils and materials would be removed to expose existing in- place dense soil consisting of older alluvium. Implementation of Mitigation Measures GS-1 would ensure that post-construction settlement would be within tolerable levels. Michael Brandman Associates 33 H:U]3W13015SFi MI301MNWi On eShow Filling,ofFC 03-1L2011d Impacts Mitigation to a National Orange Shaw Industrial Project Less Than Significant Level Findings of Fact for Environmental Effects O The implementation of Mitigation Measure GS-1,as further described in the EIR,would reduce the impacts to a level that is less than significant. Based on the analysis contained in the EK other considerations in the record,and the standards of significance,the City finds that implementation of Mitigation Measure GS-1 would ensure that impacts related from soils would be reduced to a less- than-significant level. Reference: Section 3.6,Geology and Soils,of the Draft EIR. 0 a` Impact GS-6: When considered on a cumulative basis,would the Project expose people or structures to potential adverse effects stemming from seismic activity, result in — substantial erosion or topsoil loss,result in on-or off-site liquefaction or other �+ secondary seismic hazards,or be located on expansive soil? � Potentially Significant Impact o 0 Cumulative impacts associated with geology and soils would be potentially significant without N v mitigation. c O Findings a c Pursuant to CEQA Guidelines Section 15091 (a)(1),changes or alterations have been required in,or °- incorporated into,the proposed Project that avoid or substantially lessen the significant environmental z effect as identified in the Final EIR. Facts in Support of the Finding The potentially significant project-specific environmental impact has been eliminated or substantially 3 lessened to a level that is less than significant by virtue of the following mitigation measure as .> identified in the Final EIR and incorporated into the proposed Project. 1 u t � j See Mitigation Measure MM GS-1,located within Impact GS-3. a `o m { With compliance of all federal,State,and local regulations,including the City of San Bernardino F !!i a Municipal/Grading Code,as well as with the recommendations found within the Geotechnical LL Investigation(Appendix E)as incorporated in Mitigation Measure GS-1,the proposed Project's individual impacts associated with geology and soils would be less than significant. Potential a impacts,no matter how insignificant,would be site-or project-specific and would not affect offsite w locations. Likewise,with compliance of all applicable regulations,other cumulative projects in the area would not affect the proposed Project or other locations. Potential impacts would not be deemed E s E I cumulatively considerable,and therefore,would be less than significant. � Q Reference: Section 3.6,Geology and Soils,of the Draft EIR. I O1 20 Michael arandman Associates a:10 UW130156T614 1301%Nmu iOr c SMw Findings off 0 3-14 2 01 2.doc Packet Pg. 771 { National Orange Show Industrial Project Impacts Mitigation to a Findings of Fact for Environmental Effects Less Than Significant Level Noise Impact N-1: The project could result in exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance,or applicable standards of other agencies with respect to construction noise. Potentially Significant Impact Sensitive receptors such as residential uses located approximately 100 feet north of the Project site could potentially experience temporary noise level increases during the grading phase of .o Q. construction. m Findings a c Pursuant to CEQA Guidelines Section 15091 (a)(1),changes or alterations have been required in,or 3 incorporated into,the proposed Project that avoid or substantially lessen the significant environmental w effect as identified in the Final EIR. w rn c ns Facts in Support of the Finding o The potentially significant project-specific environmental impact has been eliminated or substantially o lessened to a level that is less than significant by virtue of the following mitigation measure as z identified in the Final EIR and incorporated into the proposed Project. r MM N-1a During all project site excavation and grading onsite,the construction contractors shall equip all construction equipment,fixed or mobile,with properly operating and maintained mufflers,consistent with manufacturers' standards. The construction contractor shall place all stationary construction equipment so that emitted noise is directed away from the noise sensitive receptors nearest the project site. m LL MM N-1 b The construction contractor shall locate equipment staging in areas that will create o N the greatest distance between construction-related noise sources and noise sensitive receptors nearest the project site during all project construction. LL MM N-1c The construction contractor shall limit all construction-related activities that would result in high noise levels according to the construction hours determined by City L staff. w G MM Witt The construction contractor shall limit haul truck deliveries to the same hours t specified for construction equipment. To the extent feasible,haul routes shall not m pass sensitive land uses or residential dwellings. As explained in the Draft EIR,noise levels generated by heavy construction equipment can range from approximately 70 dBA to noise levels in excess of 100 dBA when measured at 50 feet. © However,these noise levels diminish with distance from the construction site at a rate of 6 dBA per doubling of distance. Construction noise is temporary,intermittent and of short duration,and will not Michael Brandman Associates 25 III N:W 13=13 01 5 6TiMi W0130156 Nwwml Om SMw FiMW ofFw 0341 Wllh i� PacketPg.772 Impacts Mitigation to a National Orange Show Industrial Project Less Than Significant Level Findings of Fact for Environmental Effects present any long-term impacts. It is expected that the nearest homes,which are located (tea/ approximately 100 feet north of the project site,may experience temporary noise level increases during the grading phase of construction. Construction noise will be heard and vary according to the location and operations of grading equipment and often will be overshadowed by the surrounding industrial uses and traffic noise from Arrowhead Avenue and Central Avenue. The City of San Bernardino does not provide construction related noise standards,but limits the construction to daytime hours to be determined by City staff. d .o IL Without proper mitigation to regulate the timing of grading,hauling,and other construction activity, the impact to nearby residential receptors would remain potentially significant. The implementation of Mitigation Measures N-1 a through N-1 d,as further described in the EIR,would reduce the impacts c to a level that is less than significant. Based on the analysis contained in the EIR,other e considerations in the record,and the standards of significance,the City finds that implementation of c Mitigation Measures N-la through N-ld would ensure that noise impacts related to sensitive receptors would be reduced to a less-than-significant level. O m Reference: Section 3-12,Noise,of the Draft EIR. c M z Impact N-4: The project could result in a substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project. U) © Potentially Significant Impact The nearest residential uses to the Project site, which are located approximately 100 feet north of the p site, could potentially experience temporary noise level increases during the grading phase of construction. v m Findings LL r_ 0 Pursuant to CEQA Guidelines Section 15091 (a)(1),changes or alterations have been required in,or incorporated into,the proposed Project that avoid or substantially lessen the significant environmental S effect as identified in the Final EIR. LL th Facts in Support of the Finding a The potentially significant project-specific environmental impact has been eliminated or substantially w lessened to a level that is less than significant by virtue of the following mitigation measure as identified in the Final EIR and incorporated into the proposed Project. E z U MM Wits During all project site excavation and grading onsite,the construction contractors Q shall equip all construction equipment,fixed or mobile,with properly operating and maintained mufflers,consistent with manufacturers' standards. The construction contractor shall place all stationary construction equipment so that emitted noise is directed away from the noise sensitive receptors nearest the project site. 2e Michael Brandman Associates H:N0ITpH30156WmImgeW130156 NYn�ulOmge SMw Fioliogs o(FU'i'-G-` C.1r. ' Packet Pg. 773 National Orange Show Industrial Project Impacts Mitigation to a Findings of Fact for Environmental Effects Less Than Significant Level MM N-1b The construction contractor shall locate equipment staging in areas that will create the greatest distance between construction-related noise sources and noise sensitive receptors nearest the project site during all project construction. MM N-1c The construction contractor shall limit all construction-related activities that would result in high noise levels according to the construction hours determined by City staff. m 'ii MM N-1d The construction contractor shall limit haul truck deliveries to the same hours IL 'w specified for construction equipment. To the extent feasible,haul routes shall not 1 pass sensitive land uses or residential dwellings. c 0 As explained in the Draft EIR,it is expected lira[the nearest homes,which are located approximately r 100 feet north of the project site,may experience temporary noise level increases during the grading w rn phase of construction. Without proper mitigation to regulate the timing of grading,hauling,and other m construction activity,the impact to nearby residential receptors would remain potentially significant. O The implementation of Mitigation Measures N-1 a through N-1 d,as further described in the EIR, o would reduce the impacts to a level that is less than significant. Based on the analysis contained in % the EIR,other considerations in the record,and the standards of significance,the City finds that w implementation of Mitigation Measures N-la through N-ld would ensure that noise impacts related to sensitive receptors would be reduced to a less-than-significant level. Reference: Section 3-12,Noise,of the Draft EIR. c cc7 d Impact N-7: When considered on a cumulative basis,the project could expose persons to or generate a substantial temporary increase in ambient noise levels. LL Potentially Significant Impact c N When combined with nearby traffic noise sources, as well as noisefrom the construction and operation of other cumulative projects in the area, the proposed Project impact on noise could c potentially be significant. n Findings r Pursuant to CEQA Guidelines Section 15091 (a)(1),changes or alterations have been required in,or w incorporated into,the proposed Project that avoid or substantially lessen the significant environmental E effect as identified in the Final EIR. m x Facts in Support of the Finding The potentially significant cumulative environmental impact has been eliminated or substantially lessened to a level that is less than significant by virtue of the following mitigation measure as identified in the Final EIR and incorporated into the proposed Project. Michael Brandman Associates 27 H:%0013b01301561FiMinpa W]30156NmWWO�eShaw Fi mpofFa 03.14I012AOe Packet Pg. 774 Impacts Mitigation to a National Orange Show Industrial Project Less Than Significant Level Findings of Fact for Environmental Effects MM N4a During all project site excavation and grading onsite,the construction contractors shall equip all construction equipment,fixed or mobile,with properly operating and maintained mufflers,consistent with manufacturers' standards. The construction contractor shall place all stationary construction equipment so that emitted noise is directed away from the noise sensitive receptors nearest the project site. MM N-1 b The construction contractor shall locate equipment staging in areas that will create the greatest distance between construction-related noise sources and noise sensitive ° a. receptors nearest the project site during all project construction. m N MM N-1c The construction contractor shall limit all construction-related activities that would v' c result in high noise levels according to the construction hours determined by City 3 0 staff. rn 0 rn MM N-id The construction contractor shall limit haul truck deliveries to the same hours � specified for construction equipment. To the extent feasible,haul routes shall not O pass sensitive land uses or residential dwellings. o C8 As explained in the Draft EIR,it is expected that the nearest houses to the Project site may experience z CO temporary noise level increases during the grading phase of construction. When combined with nearby traffic noise and noise from construction and operation of other cumulative projects in the = area,the proposed Project's cumulative impact on noise could potentially be significant. Without proper mitigation to regulate the timing of grading,hauling,and other construction activity,the 0 cumulatively considerable impact to nearby residential receptors would remain potentially significant. The implementation of Mitigation Measures N-la through N-ld,as further described in the EK i would reduce the impacts to a level that is less than significant. Based on the analysis contained in li w the EIR,other considerations in the record,and the standards of significance,the City finds that 0 w implementation of Mitigation Measures N-la through N-ld would ensure that noise impacts related to sensitive receptors would be reduced to a less-than-significant level. °c LL Reference: Section 3-12,Noise,of the Draft EIR. a L X w C 0 E L u m x Q V 28 Michael Bradman Associates H.Wl3Ml30l56TWi p=330156Nmkm]O�eSMw FMmg,off=03-1F3012doc 7.A.h National Orange Show Industrial Protect Findings of Fact for Environmental Effects Significant Unavoidable Adverse Impacts SECTION 4: SIGNIFICANT UNAVOIDABLE ADVERSE IMPACTS The Final Environmental hnpact Report(EIR)identified project-specific air quality impacts and project-generated traffic impacts that cannot be mitigated to less than significant levels. The San Bernardino City Council finds,based on the facts set forth in the record,which include but are not limited to the facts as set forth below,those facts contained in the Final EK and any other m 0 facts set forth in materials prepared by the City of San Bernardino and/or City consultants,that there a` are no additional feasible mitigation measures,beyond those contained in either Sections 3 or 4 of the Final EIR,that can mitigate the project-specific air quality impacts or project-generated traffic v impacts to levels that are less than significant. Therefore,as outlined in Public Resources Code S section 21081(b)and California Environmental Quality Act(CEQA)Guidelines section 15093,the s proposed Project will require a Statement of Overriding Considerations project-specific air quality Co d impacts and project-generated traffic impacts(see Attachment A). O Air Quality @ c 0 Impact AQ-3: The project could result in a cumulatively considerable net increase of a criteria Z pollutant for which the project region is nonattai n ment under an applicable national or State ambient air quality standard(including releasing emissions which exceed n quantitative thresholds for ozone precursors). © Potentially Significant Impact c The project could potentially exceed SCAQMD regional thresholds for VOC and NO,during 2 construction and operation. Findings LL Pursuant to CEQA Guidelines Section 15091 (a)(3),specific economic,legal,social,technological,or o al other considerations,including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures identified in the Final EIR. LL Pursuant to CEQA Guidelines Section 15093,therefore,the City of San Bernardino has balanced the benefits of the project against its unavoidable environmental risks and has determined that this impact t is acceptable for the reasons stated in the Statement of Overriding Considerations(Attachment A). w c Facts in Support of the Finding E z The potentially significant cumulative environmental impact has been lessened by virtue of the A following mitigation measure as identified in the Final EIR and incorporated into the proposed Project. However,the following mitigation measure would not lessen environmental impact to a less than significant level. Even after incorporation of mitigation,cumulative impact would still be considered significant and unavoidable. i O 7 Michael Brandmen Associates 1 A es 29 HWI3W1301NMinN1301%NW ml O�e Show Fiotlioga ofFec103-10.3012Mc Packet Pg. 776 f I National Orange Show Industrial Project Significant Unavoidable Adverse Impacts Findings of Fact for Environmental Effects MM AIR-1 a The following mitigation measures are required for construction activities: • Prohibit idling in excess of five minutes on site. • Ensure that all off-road equipment is compliant with the California Air Resources Board's in-use off-road diesel vehicle regulation and South Coast Air Quality Management District Rule 2449. • Provide temporary traffic controls such as a flag person,during all phases of w construction to maintain smooth traffic flow. ° a • Schedule construction activities that affect traffic flow on the arterial system to off-peak hours to the extent practicable. • Reroute construction trucks away from congested streets or sensitive receptor areas to the extent practicable. o • Use electricity,propane,butane,or natural gas to power off-road construction y equipment instead of diesel or gasoline to the extent practicable. m O MM AIR-t d The following mitigation measures are required for construction activities: c 0 • Project start to December 31,2014:All off-road diesel-powered construction i equipment greater than 50 hp shall meet Tier 3 off-road emissions standards. m In addition,all construction equipment shall be outfitted with BACT devices © certified by CARB. Any emissions control device used by the contractor shall achieve emissions reductions that are no less than what could be achieved by a e Level 3 diesel emissions control strategy for a similarly sized engine as A d defined by CARB regulations. • Post-January 1,2015:All off-road diesel-powered construction equipment m greater than 50 hp shall meet the Tier 4 emission standards,where available. c In addition,all construction equipment shall be outfitted with BACT devices certified by CARB. Any emissions control device used by the contractor shall a S achieve emissions reductions that are no less than what could be achieved by a LL Level 3 diesel emissions control strategy for a similarly sized engine as defined by CARB regulations. a t w As explained in the Draft EK the South Coast Air Basin is in nonattainment for ozone,nitrogen m dioxide,PM,,,and PM2.1,which means that the background levels of those pollutants are at times E z higher than the ambient air quality standards. Furthermore,the proposed Project would exceed the SCAQMD regional significance thresholds for NO,(ozone precursors)and long-term operational emissions of VOC and NO,are over the District's significance thresholds. VOC and NO,are precursors to ozone formation. Short-term exposure can result in breathing pattern changes,reduction of breathing capacity, increased susceptibility to infections,inflammation of the lung tissue,and some immunological changes. Children who live in high ozone communities and who participate in 30 Michael Brandman Associates H:\0013,00IMIWFmm6e100IMIMNati ]Oe eSMw FWmpofFw03-14-2012.rc National Orange Show Industrial Project Findings of Fact for Environmental Effects Significant Unavoidable Adverse Impacts multiple sports have been observed to have a higher asthma risk. This is a significant cumulative health impact associated with ground-level ozone concentrations. In addition,since the proposed Project also exceeds the NO,significance threshold,the Project would cumulatively contribute to nitrogen dioxide concentrations and result in cumulative health effects. Implementation of the above-described mitigation measure would still not reduce Impact AQ-3 to a less-than-significant level. No feasible additional mitigation is available to fully reduce this impact. v For this reason,the impact would remain significant and unavoidable. The significant and 2 a unavoidable impacts are outweighed and overridden by the economic,social,and other benefits of the R Proposed Project. v c Reference: Section 3.3,Air Quality,of the Draft EIR. ; 0 s rn Transportation/Traffic c m Impact T-1: The project could conflict with an applicable plan,ordinance or policy establishing p measures of effectiveness for the performance of the circulation system,taking into n account all modes of transportation, including mass transit and non-motorized c travel and relevant components of the circulation system, including but not limited to intersections,streets, highways and freeways, pedestrian and bicycle paths,and Z mass transit. m Impact T-2: The project could conflict with an applicable congestion management program, including,but not limited to level of service standards and travel demand measures, Q or other standards established by the county congestion management agency for designated roads or highways. 0 Potentially Significant Impact "-, m Segments oflnterstate 115(I-215)would operate at LOS F with, as well as without, the proposed Project under Horizon Year(2035)traffic conditions. LL O Findings "o Pursuant to CEQA Guidelines Section 15091 (a)(2),such changes or alterations are within the S responsibility and jurisdiction of another public agency and not the agency making the finding. Such S changes have been adopted by such other agency or can and should be adopted by such other agency. ro n Pursuant to CEQA Guidelines Section 15093,therefore,the City of San Bernardino has balanced the w benefits of the project against its unavoidable environmental risks and has determined that this impact is acceptable for the reasons stated in the Statement of Overriding Considerations(Attachment A). E Facts in Support of the Finding a The potentially significant cumulative environmental impact has been lessened by virtue of the following mitigation measures as identified in the Final EIR and incorporated into the proposed Project. However,the following mitigation measures would not lessen environmental impact to a less than significant level. Even after incorporation of mitigation,cumulative impact would still be considered significant and unavoidable. Michael Brandman Associates 31 H:M13W130156\PiMwgW130156 NM iOu c SMw FiMmp o(Fa,OI-14301E.bc Packet Pg: 778 i National Orange Show Industrial Project Significant Unavoidable Adverse Impacts Findings of Fact for EnWronmentel Effects MM TRANS-? The Project is proposed to have access on Arrowhead Avenue via Driveway 1, 0 © Driveway 2,Driveway 3,Central Avenue,Driveway 4 and Driveway 5;Central Avenue via Driveway 6,Driveway 7 and Driveway 8;and Mill Street via Driveway 9. All Project driveways are proposed to be fall-access. As part of the development, the Project shall construct improvements on the site adjacent roadways of Arrowhead Avenue,Central Avenue,Esperanza Street,and Mill Street. Regional access to the Project site shall be provided by the I-215 Freeway via Mill Street,Inland Center v 0 Drive,and Auto Center Drive. Roadway improvements necessary to provide site a` access and onsite circulation are assumed to be constructed in conjunction with site development and are identified within the TIA. These improvements shall be in a place prior to occupancy. a 3 o MM TRANS-2 Arrowhead Avenue/Central Avenue(#17)—The following mitigation measures m (shown in bold)are necessary to address direct project impacts for EAP 2013: m Install a traffic signal. 0 m c a Northbound: One through lane and one shared through-right turn lane. °- a Southbound:One left turn lane and two through lanes. Z a Eastbound:N/A g°Jo n a Westbound:One left turn lane and one right turn lane. MM TRANS-3 Prior to occupancy,the applicant shall participate in the funding or in-lieu m construction of offsite improvements,including traffic signals that are needed to v serve cumulative traffic conditions through the payment of City of San Bernardino u Development Impact Fees(DIF)or a fair share contribution as directed by the City. LL These fees are collected as part of a funding mechanism aimed at ensuring that o w regional highways and arterial expansions keep pace with the projected population increases. Each of the improvements discussed below have been identified as being included as part of the City DIF funding program or fair share contribution. 11 M The following fair share or in-lieu contributions are necessary for the following -2 improvements to address EAPC(2013)cumulative impacts: w c m . The following fair share or in-lieu contributions(shown in bold)are necessary E L to address EAPC(2013)cumulative impacts for"E"Street/Mill Street/Inland Center Drive(#10): 4 - Northbound: One shared hard-left/left turn lane,one left turn lane,two through lanes and one right turn lane. C 1 32 Michael Brandman Associates H:b013W01301361F'vdmgeW0130156Nmbvl0nnge Shaw Fivbmge olFact 03142012d- i National Orange Show Industrial Project Findings of Fact for Environmental Effects SigniRcant Unavoidable Adverse Impacts - Southbound: Two left turn lanes,one through lane,one shared through-right turn lane,one right turn lane and one hard-right turn lane. - Eastbound:One left turn lane,one through lane,one shared through- right turn lane and one shared right/hard-right turn lane. - Westbound: One hard-left turn lane,two left turn lanes,one through lane and one shared through right turn lane. d 'o - Northeast bound: One shared hard-left/left turn lane,one left turn lane, y` one right turn lane and one shared right/hard-right turn lane. *Due to physical constraints,the modification of the cycle length 9 from the existing 120 seconds to 130 seconds has been recommended 5 in lieu of additional lanes. o r N • The following fair share or in-lieu contributions(shown in bold)are necessary to address EAPC(2013)cumulative impacts for Mountain Avenue/Mill Street (#22): O m c Install a traffic signal. 2 .q Z - Northbound: One shared left-through-right turn lane. - Southbound: One shared left-througb-right turn lane. n © - Eastbound: One shared left-through lane,one through lane and one defacto right turn lane. o - Westbound: One shared left-through lane,one through lane and one .N defacto right turn lane. • The following fair share or in-lieu contributions are necessary to address Horizon Year(2035)cumulative impacts: w 6 • The following fair share or in-lieu contributions(shown in bold)are necessary N m to address Horizon Year(2035)cumulative impacts for I-215 Southbound 9 Ramps/Mill Street(0): a - Northbound:N/A - Southbound: One left turn lane, one shared left-through lane and one a right turn lane. The existing shared left-through-right turn lane should w be re-striped as a shared left-through lane. - Eastbound: Two through lanes and one right tam lane. z - Westbound: One left turn lane and two through lanes. m *Modify the cycle length from the existing 65 seconds to 120 G seconds as a coordinated system. • The following fair share or in-lieu contributions(shown in bold)are necessary to address Horizon Year(2035)cumulative impacts for I-215 Northbound Ramps/Inland Center Drive(0): Michael Brandman Associates 33 H1W13W0130[561FiMinpAW1301%Neti ]On cSbw Fi i ofFx[03-i42012Mc Packet Pg.780 National Orange Show Industrial Project Significant Unavoidable Adverse Impacts Findings of Fact for Environmental Effects - Northbound:One left turn lane,one through lane,one shared through- right tam lane and one right turn lane. - Southbound:N/A - Eastbound:One left turn lane and two through lanes. - Westbound:Four through lanes and one defacto right turn lane. Modify the cycle length from the existing 80 seconds to 120 U seconds as a coordinated system. N 0 • The following fair share or in-lieu contributions(shown in bold)are necessary a m to address Horizon Year(2035)cumulative impacts for"E" StreeUMill m Street/Inland Center Drive(#10): - Northbound:One shared hard-left/left turn lane,one left turn lane,two 3 through lanes and one right turn lane. uL0 Southbound:Two left turn lanes,one through lane,one shared through-right turn lane,one right turn lane and one hard-right turn m lane. 76 m - Eastbound: One left turn lane,one through lane,one shared through- c right turn lane and one shared right/hard-right tam lane. M Westbound: One hard-left turn lane,two left turn lanes,one through lane and one shared through-right turn lane. (^, - Northeast-bound: One shared hard-left/left turn lane,one left turn lane, V one right turn lane and one shared right/hard-right turn lane. o *Due to the physical constraints,the modification of the cycle An v length from the existing 120 seconds to 130 seconds,removal the crosswalk on the west leg(southbound direction)and modification m of the eastbound left and westbound left turn treatment to protected a 0 phasing from the existing split phasing have been recommended in rn c lieu of additional lanes. v c • The following fair share or in-lieu contributions are necessary to address M Horizon Year(2035)cumulative impacts for Mountain Avenue/Mill Street a (#22): x w Install a traffic signal. m - Northbound:One shared left-through-right turn lane. r U - Southbound: One shared left-through-right turn lane. - Eastbound: One shared left-through lane,one through lane and one 4 defacto right turn lane. - Westbound: One shared left-through lane,one through lane and one defacto right turn lane. C 34 Michael Brandman Associates H:MUW13015&XFW gM0130156Nnnv10v13c SMw Ftr mgsofF=03-14?01' � ,' Packet Pg. 781 National Orange Show Industrial Prof"t Findings of Fact for Environmental Effects Slgnigcant Unavoidable Adverse Impacts ^ According to the Draft EIR,the Traffic Impact Analysis prepared for the proposed Project concludes Ev, that segments of the I-215 Freeway would operate at LOS feF"even without the Project under horizon Year(2035)traffic conditions. Because the City of San Bernardino has no control over State facilities,and because the State facilities funded and planned to be developed under future traffic conditions are already anticipated to operate at LOS"F"even without the proposed Project,there are no further improvements that can be imposed upon the Project to mitigate its small cumulative contribution to significant impacts to the identified segments of I-215 Freeway under Horizon Year v 0 (2035)traffic conditions. Caltrans has exclusive control over State highway improvements and State a highway improvements are by and large a matter of Statewide control. Therefore,impacts to m segments of the 1-215 Freeway in this regard will remain significant and unavoidable. v c Implementation of the above-described mitigation measures would still not reduce Impacts T-1 and o T-2 to a less-than-significant level. No feasible additional mitigation is available to fully reduce this Co impact. For this reason,the impact would remain significant and unavoidable. The significant and M unavoidable impacts are outweighed and overridden by the economic,social,and other benefits of the Proposed Project. Reference: Section 3-16,Transportation/Traffic,of the Draft EIR. 0 Z m r O N 01 U 0l LL O y W G a c LL M a L W C E E r U A Q Michael Brandman Associates 75 H900MW130156\FiMlnp\W]30156 Nwmml On eS1 Findings offs 0 3-1 0.201 2.0 PacketPg.782 National Orange Show Industrial Project Feasibility of Project Alternatives Findings of Fact for Environmental Effects OSECTION 5: FEASIBILITY OF PROJECT ALTERNATIVES In preparing and adopting findings,a lead agency need not necessarily address the feasibility of both mitigation measures and environmentally superior alternatives when contemplating the approval of a project with significant environmental impacts. Where the significant impacts can be mitigated to a level of insignificance solely by the adoption of mitigation measures,the lead agency has no obligation in drafting its findings to consider the feasibility of environmental superior alternatives, even if their impacts would be less severe than those of the project as mitigated. Accordingly,in o adopting the findings concerning alternatives for the proposed project,the City of San Bernardino considers only those significant environmental impacts that cannot be avoided or substantially lessened through mitigation. � 3 Where,as here,a project will result in some unavoidable significant environmental impacts even after r N application of all feasible mitigation measures identified in the Final Environmental Impact Report � (EIR),the lead agency must consider the feasibility of alternatives to the project which could avoid or substantially lessen the unavoidable significant environmental impacts. "Feasible"means capable of 0 m being accomplished in a successful manner within a reasonable time,taking into account economic, o environmental,legal,social and technological factors California Environmental Quality Act(CEQA z Guidelines Section 15364). m m n © If there are no feasible project alternatives,the lead agency must adopt a Statement of Overriding Considerations with regard to the project pursuant to State CEQA Guidelines Section 15093. If there c is a feasible alternative to the project,the lead agency must consider in detail only those alternatives 'u which could feasibly attain most of the basic objectives of the project;however,the lead agency must tY consider alternatives capable of eliminating significant environmental impacts even if these alternatives would impede to some degree the attainment of the Project Objectives(CEQA Guidelines ti w Section 15126(d)). w to c These findings contrast and compare the alternatives where appropriate in order to demonstrate that the selection of the proposed project,while still resulting in certain unavoidable significant 1L, environmental impacts,has substantial planning,fiscal and other benefits. In rejecting certain alternatives,the City of San Bernardino has examined the Project Objectives and weighed the ability ' of the various alternatives to meet the objectives. The City of San Bernardino believes that there is no oa alternative to the proposed Project that is both environmentally superior to the proposed Project and m ' achieves the Project Objectives. The objectives of the proposed Project that have been considered by the City of San Bernardino are: Q 36 Michael Brandman Associates H:W13N1301561P'miiWW130156Nnwv1 Ort cSMw Fmwp of as 03-I4-201'J.: Packet Pg. 783 WWEEW- T.a;ns� National Orange Show Industrial Project Findings of Fact for Environmental Effects Feasibility of Project Alternatives OBJ-1 Implement a General Plan Amendment and Zone Change,to provide for the orderly transition from Public Commercial Recreation(PCR)to Light Industrial(LI). OBJ-2 Convert currently underutilized land on the Project site to industrial uses that will create jobs and enhance the City's tax base. OBJ-3 Provide an industrial park that supports a wide range of warehouse distribution and 0 industrial tenants. 'o a` OBJ-a Provide convenient freeway access to trucks that will use the warehouse distribution m facilities on the Project site. c OBJ-5 Cluster industrial uses near existing roadway and freeways to reduce traffic o L congestion and air emissions. rw a rn c OBJ-6 Facilitate goods movement for the benefit of local,regional,statewide and O nationwide economic growth. m c 0 OBJ-7 Complete the National Orange Show Industrial Project with necessary infrastructure z while incorporating high quality,consistent design standards. r OBJ-8 Accommodate new infill development that in an orderly manner that will fully utilize existing infrastructure and public improvements. 0 N OBJ-9 Provide new development that will assist the City in obtaining fiscal balance in the d years and decades ahead. ; m LL OBJ-10 Provide additional employment opportunities on the Project site. a N LT The Final EIR examined a reasonable range of alternatives to the proposed Project to determine :o whether any alternative could meet the Project Objectives while avoiding or substantially lessening LL one or more of the Project's significant unavoidable impacts. These findings examine each c, alternative to determine feasibility. In determining the feasibility of alternatives,the lead agency may a t take into account factors such as whether the alternative could be accomplished in a successful w manner within a reasonable period of time in light of economic,environmental,legal, social,and technological factors. E L U The Final EIR has concluded that after adherence to all applicable regulatory requirements,inclusion a of design features and incorporation of all feasible mitigation measures,the proposed Project will nevertheless have three remaining significant adverse environmental impacts: (1)exceedance of SCAQMD regional thresholds for VOC and NO,during construction and operation; (2)cumulatively Ocontribute to an increase in traffic along select segments of the 1-215 under Horizon Year(2035) Michael Brandman Associates 37 H MBW0130156TY Ld s=130156 Nefn®1 OroeSMw FM pofFM 03-10.3 013-0oc National Orange Show Industrial Project Feasibility of Project Alternatives Findings of Fact for Environmental Effects ^ traffic conditions that would cause the segments to operated at LOS F;and(3)conflict with the LOS f�./. standards set fourth in the County of San Bernardino CMP. Accordingly,the Final EIR analyzed three alternatives to the proposed Project. The alternatives, which are analyzed in Section 5 of the EIR,include No Project-No Development Alternative, Reduced Site Plan Alternative,and Sports Park/Light Industrial Alternative. The following summarizes the feasibility of these alternatives as a means to reduce or avoid the significant m unmitigated impacts associated with the proposed Project. o IL No Project-No Development Alternative w v The discussion and evaluation of a No Project-No Development Alternative is required by the CEQA - c Guidelines§I5126.6(e). This alternative provides a comparison between the environmental impacts L of the proposed Project in contrast to the environmental impacts that could result from not approving, d or denying,the Project. Because the City of San Bernardino has discretionary authority over a project and could choose to deny it,the environmental impacts of that action must be disclosed. As a result O of this potential decision,the Project site could remain in its current condition and the proposed c Project would not be developed(i.e.the No Project-No Development Alternative). .� Z The City of San Bernardino fords that the No Project-No Development Alternative would not(1) n exceed SCAQMD regional thresholds for VOC and NO,during constriction and operation;(2)would not cumulatively contribute to an increase in traffic along select segments of the I-215 under Horizon c Year(2035)trac conditions that would cause the segments to operated at LOS F;and(3)conflict °— ffi W with the LOS standards set fourth in the County of San Bernardino CMP. Where an FIR identifies one or more significant environmental effects that would not be avoided or a substantially lessened by mitigation measures,the agency must consider the environmentally superior o alternatives to the Project and determine whether they are infeasible and the reasons for that determination. (CEQA Guidelines,§ 15091,subd.(a)(3).) To determine whether an alternative is c feasible,the agency must take into account specific economic,legal, social,technological,or other u. considerations,including provision of employment opportunities for highly trained workers. (Id.) "Feasible"means capable of being accomplished in a successful manner within a reasonable period of time,taking into account economic,environmental,legal,social,and technological factors. (CEQA w Guidelines, § 15364.) `m E r Among the factors that may be considered are inconsistency with the County's goals,objectives,and policies. The concept of"feasibility"encompasses the question of whether a particular alternative or Q mitigation measure promotes existing County policies,as well as the underlying goals and objectives of a project. "[Fjeasibility' under CEQA also encompasses `desirability' to the extent that desirability is based on a reasonable balancing of the relevant economic,environmental,social,and technological 38 Michael Brandman Associates H.W13W13015 T1 ags=[301 M Slln.l Onn SMw Filmgs ofFWt 0 3-10.2 012.4 National Orange Show industrial Project Findings of Fact for Environmental Effects Feasibility of Project Alternatives O factors.' (City of Del Mar v. City of San Diego(1982)133 Cal.App.3d 401,417;Sequoyah Hills Homeowners Assn. v. City of Oakland(1993)23 Cal.App.4th 704, 715.) As explained further in the Draft EK although the potential environmental impacts associated with the No Development Alternative would be less than the environmental impacts of the Project,the No Development Alternative would not achieve any of the 10 objectives of the Project. U d The City of San Bernardino finds that all potential significant environmental impacts of the proposed o Project will be mitigated by the inclusion of design features and incorporation of all feasible a m mitigation measures as set forth in the Mitigation Monitoring and Reporting Program(MMRP), .N except for:(1)exceedance of SCAQMD regional thresholds for VOC and NO,during construction and operation;(2)cumulatively contribute to an increase in traffic along select segments of the I-215 3 under Horizon Year(2035)traffic conditions that would cause the segments to operated at LOS F; rsn° and(3)conflict with the LOS standards set fourth in the County of San Bernardino CMP. The City of San Bernardino further finds that,although the No Project-No Development Alternative would not result in significant impacts to Air Quality or Transportation/Traffic this alternative is infeasible O M because it would not attain the Project Objectives and would not provide the City of San Bernardino 0 with the benefits of the proposed Project as described in the Statement of Overriding Considerations. z Therefore,for the potential significant impacts that cannot be mitigated to a level below significance, the City of San Bernardino adopts the Statement of Overriding Considerations located in Appendix A `. © of this document pursuant to CEQA Guidelines Section 15093. 0 Reduced Site Plan Alternative m Under the Reduced Site Plan Alternative,the planned development of the Project site would be " u scaled-down by reducing building square footage and the portion of the site that would be developed. a The proposed Project is associated with the construction of four industrial buildings comprising `o m approximately 752,710 square feet of building area on approximately 38.1 acres(32.86 acres north parcel and 4.32 acres south parcel). The proposed operational use and size for each of the buildings c LL are listed below: n • Building"A"-616,000 square feet is assumed to support highcubeldistribution warehouse use s X with access to Arrowhead Avenue and Central Avenue. Two(2)fire access points are w proposed on Esperanza Street. d E • Building`B"-78,960 square feet is assumed to be general warehouse with access to m Arrowhead Avenue and Central Avenue. 4 • Building"C"-27,810 square feet is assumed to support general light industrial uses with access to Mill Street. • Building"D"-29,940 square feet is assumed to support general light industrial uses with access to Mill Street. Michael Brandman Associates 39 H.'M13W01301%Tip PW0130156Nn6v10� Show Fi rap ofFw 0 3-1 0.2 012.w Packet.Pg.7S6 National Orange Show Industrial Project Feasibility of Project Alternatives Findings or Fact for Environmental Effects (� The Reduced Density Alternative would reduce the square footage devoted to highcubeldistribution to 462,000 square feet,warehouseldistribution to 59,220 square feet and light industrial to 43,313 square feet for a total reduced floor area of 564,533 square feet. This alternative assumes that access to the Project site would be identical to the proposed Project with access from Arrowhead Avenue, Central Avenue,and Mill Street. The City of San Bernardino finds that impacts to Air Quality and Transportation/Traffic would be d reduced,albeit not to a less than significant level. Air Quality impacts would be reduced by 25- 0 n. percent compared to the proposed Project,although mass daily emissions of VOC and NO,would still exceed SCAQMD significance thresholds at Project build-out(2013). The Traffic Impact Analysis prepared for the proposed Project concludes that segments of the I-215 Freeway would operate at LOS F even without the Project under Horizon Year(2035)traffic conditions. Because the E City of San Bernardino has no control over State facilities,and because the State facilities funded and a3 planned to be developed under future traffic conditions are already anticipated to operate at LOS F c even without the proposed Project,there are no further improvements that can be imposed upon the O Project to mitigate its small cumulative contribution to significant impacts to the identified segments of I-215 Freeway under Horizon Year(2035)traffic conditions. Caltrans has exclusive control over State highway improvements and State highway improvements are by and large a matter of Statewide z control n © Aside from Air Quality and Transportation/Traffic,fifteen(15)of the issue areas would remain F generally the same of less for this alternative when compared with the proposed Project,and impacts o would remain less than significant or less than significant with mitigation. However,under this m alternative,none of the adverse and unavoidable impacts associated with the Project would be reduced to levels that are less than significant. LL This alternative meets six of the ten Project Objectives;it does not meet Objectives 2, 8,9 and 10. Objective 2 calls for the conversion of currently underutilized land on the Project site to industrial uses that will create jobs and enhance the City of San Bernardino's tax base. With the Reduced Site LL Plan Alternative,development and operation of the alternative would reduce the total amount of jobs created,ultimately reducing the City's tax base. Objective 8 calls for the accommodation of new :o infill development in an orderly manner that will fully utilize existing infrastructure and public w improvements. With the Reduced Site Plan Alternative,development and operation of the alternative would reduce the total square footage of industrial uses at the Project site,which would not fully E r utilize existing infrastructure and public improvements. Objective 9 calls to provide new development that will assist the City in obtaining fiscal balance in the years and decades ahead. Objective 10 calls for providing additional employment opportunities on the Project site. As previously stated,the Reduced Site Plan Alternative would reduce the total square footage at the Project site,which will reduce the total amount ofjobs created,ultimately reducing the City's tax Obase. Consequently,the reduction of jobs and tax base will not fully assist the City in obtaining the 40 Michael Brandman Associates H:U13W01301561FWE&SN0130156NMo lO�eShow FMtl pofFwtO3-1i3011d t x' National Orange Show Industrial Project Findings of Fact for Environmental Effects Feasibility of ProJect Alternatives total potential fiscal balance in the years and decades ahead,nor will it provide the total potential employment opportunities on the Project site. The City of San Bernardino finds that all potential significant environmental impacts of the proposed Project will be mitigated by the inclusion of design features and incorporation of all feasible mitigation measures as set forth in the Mitigation Monitoring and Reporting Program(MMRP), except for: (1)exceedance of SCAQMD regional thresholds for VOC and NO,during construction v and operation;(2)cumulatively contribute to an increase in traffic along select segments of the I-215 ° a under Horizon Year(2035)traffic conditions that would cause the segments to operated at LOS F; R and(3)conflict with the LOS standards set fourth in the County of San Bernardino CMP. The City of m San Bernardino further finds that this alternative is infeasible because it would not attain as many of the key Project Objectives and would not provide the City of San Bernardino with the benefits of the a proposed Project described above and in the Statement of Overriding Considerations. Therefore,for y the potential significant impacts that cannot be mitigated to a level below significance,the City of San m Bernardino adopts the Statement of Overriding Considerations located in Appendix A of this O document pursuant to CEQA Guidelines Section 15093. m c 0 Sports Park/Light Industrial Alternative i The Sports Park/Light Industrial Alternative proposes development of land uses on the Project site E^, that comply with the current General Plan land use and zoning designations,namely a sports park W with soccer fields on the northern portion of the site(north of Central Avenue). The Light Industrial land uses on the southern portion of the Project site will remain consistent with the proposed Project's w planned industrial uses at that location. IX j The City of San Bernardino finds that impacts to Air Quality and Transportation/Traffic would be 1i reduced,albeit not to a less than significant level. Mass daily emissions of NO,would still exceed 0 the SCAQMD significance thresholds at Project build-out(2013). The Traffic Impact Analysis prepared for the proposed Project concludes that segments of the I-215 Freeway would operate at c LOS F even without the Project under Horizon Year(2035)traffic conditions. Because the City of I` San Bernardino has no control over State facilities,and because the State facilities funded and a planned to be developed under future traffic conditions are already anticipated to operate at LOS F x even without the proposed Project,there are no further improvements that can be imposed upon the w Project to mitigate its small cumulative contribution to significant impacts to the identified segments v E of I-215 Freeway under Horizon Year(2035)traffic conditions. Caltrans has exclusive control over State highway improvements and State highway improvements are by and large a matter of Statewide a control. Aside from Air Quality and Transportation/Traffic,thirteen(13)of the issue areas would remain relatively the same or less for this alternative when compared with the proposed Project,and impacts would remain less than significant or less than significant with mitigation. Michael Brandman Associates 41 X90013W0130156Tiu mpW0130156Nnwv1 0vnge Show Fio mp ofFetl 03-112012.b Packet Pg. 788 i National Orange Show Industrial Project Feasibility of Project Alternatives Findings of Fact for Environmental Effects This alternative would meet only four of the Project objectives: Objective 2(Convert currently under (v. utilized land on the Project site to industrial uses that will create jobs and enhance the City's tax base);Objective 8(Accommodate new infill development in an orderly manner that will fully utilize existing infrastructure and public improvements);Objective 9(Provide new development that will assist the City in obtaining fiscal balance in the years and decades ahead); and Objective 10(Provide additional employment opportunities on the Project site).The infrastructure improvements that would be necessary for implementation of the Sports Park/Light Industrial Alternative would generally be in m 0 accord with Objective 8. Objectives 2,9,and 10 would minimally be met by this alternative due to ri the small number of jobs and economic activity that a Sports Park/Light Industrial Alternative would create. However,there would be far fewer jobs than the estimated 192 jobs that would be created by 5 v the proposed Project,and any City of San Bernardino revenues created by a Sports Park/Light 5 Industrial Alternative would be much less than those that would be created by an industrial park. o z Therefore,this alternative would only nominally meet Objectives 2, 8,9,and 10 at levels that are m ar much less than the proposed Project and would still have a significant and unavoidable impact for Air A Quality and Transportation/Traffic. 0 m c The City of San Bernardino finds that all potential significant environmental impacts of the proposed Project will be mitigated by the inclusion of design features and incorporation of all feasible z mitigation measures as set forth in the Mitigation Monitoring and Reporting Program(MMRP), except for: (1)exceedance of SCAQMD regional thresholds for VOC and NO,during construction [ ; and operation;(2)cumulatively contribute to an increase in traffic along select segments of the I-215 under Horizon Year(2035)traffic conditions that would cause the segments to operated at LOS F; 2 A and(3)conflict with the LOS standards set fourth in the County of San Bernardino CMP. The City of San Bernardino further finds that this alternative is infeasible because it would not attain as many of the key Project Objectives and would not provide the City of San Bernardino with the benefits of the li proposed Project described above and in the Statement of Overriding Considerations. Therefore,for w the potential significant impacts that cannot be mitigated to a level below significance,the City of San rn c Bernardino adopts the Statement of Overriding Considerations located in Appendix A of this document pursuant to CEQA Guidelines Section 15093. j M f a r Xx W I m E f U U i N � Q 42 Michael BlanWOfF Associates ' H:NOII\0013015TPwtlingc100110156Nniovl0,enge SM1Ow FiMmgaolFen 03-14-2012.d,c PacketPg.789 National Orange Show Industrial Project Findings of Fact for Environmental Effects u d O IL` m N 3 C 3 0 s U) m rn c m O m APPENDIX A o Statement of Overriding Considerations Z n c 0 An d I a x I � C 0t a a a a d 0 w 1, o m E v N E L W C E 0 U Q 1 Michael Brandman Associates H,,C6mt(PN-JN)W013W0130156Wie ge300130)%Nmi lOnoge Show Stgd a ofOvemWe02-21-2012.doe Packet Pg.790 U d O a` m v c 3 0 L N v rn G m O A C O 0 Z m n c 0 m Q x 'a C d O. 6 a c 'v d O `o c m E m m fq n a xx w c d E L O A Q 7.A.i National Orange Show Industrial Project Findings of Fact for Environmental Effects © Statement of Overriding Considerations The California Environmental Quality Act(CEQA)requires the lead agency to balance the benefits of a proposed Project against its unavoidable environmental risks in determining whether to approve the d 0 � Project. a` m The City of San Bernardino proposes to approve National Orange Show Industrial Project although y significant and unavoidable adverse impacts are expected to occur associated with: (1)exceedance of SCAQMD regional thresholds for VOC and NO,during construction and operation;(2)cumulatively 3 0 contribute to an increase in traffic along select segments of the I-215 under Horizon Year(2030) N traffic conditions that would cause the segments to operated at LOS F;and(3)conflict with the LOS a c standards set fourth in the County of San Bernardino CMP. These significant adverse unavoidable � impacts have been identified and evaluated in the Final EIR. Even though these adverse impacts are O w 4 not reduced to a level considered less than significant,the San Bernardino City Council finds,after o ! balancing these impacts with the benefits of the proposed Project,that those impacts are outweighed z by the benefits of the Project. Further,the alternatives which were identified in the Final EIR would not meet the Project Objectives,either in part or in whole,to the same extent as the proposed Project. Pursuant to Public Resources Code Section 21081(b)and the CEQA Guidelines Section 15093,the o City of San Bernardino has balanced the benefits of the proposed Project against these unavoidable adverse impacts associated with the Project and has adopted all feasible mitigation measures with respect to the air quality and transportation/traffic impacts. Q x n The City of San Bernardino also has examined alternatives to the proposed Project,none of which a. meets the Project Objectives and/or is environmentally preferable to the Project. The City of San Q Bernardino,after balancing the specific economic,legal,social,technological,and other benefits of the proposed project,has determined that the unavoidable adverse environmental impacts identified v above may be considered"acceptable"due to the following specific considerations which outweigh the unavoidable,adverse environmental impacts of the proposed Project. Each of the separate O `o benefits of the proposed Project,as stated herein,is determined to be,unto itself and independent of � the other Project benefits,a basis for overriding all unavoidable adverse environmental impacts E m identified in these Findings. The City Council and City Planning Staff have independently verified the existence of all facts stated below to justify the Statement of Overriding Considerations. N M • The City has made a reasonable and good faith effort to eliminate or substantially mitigate the L X potential impacts resulting from the Project,as described above. w c • All Mitigation Measures recommended in the Final EIR have been incorporated into the E. Project and will be implemented through the MMRP. • All alternatives to the Project,set forth in the Final EK do not provide substantial 4 environmental benefits over the Project because they do not reduce its significant and Michael Brandman Associates A-f 11:CIiM(PN-fN)M13M13015ffMim9sM130156 Nnnml Ofange Show S191tlIC111 ofOVertide 02-313 013 Mc PacketPg. 792 National Orange Show Industrial Project Findings of Fact for Environmental Effects unavoidable impacts to less than significant,and the City finds that Project objectives and/or specific economic,social and other benefits outweigh any environmental benefits of the alternatives. U W a In accordance with CEQA Guidelines Section 15093,the City has,in determining whether to 'o approve the Project,balanced the economic,legal,social,technological,and other benefits, 0. 75 including region-wide or statewide environmental benefits of the Project against these w unavoidable environmental risks,and has found that the benefits of the Project outweigh the unavoidable adverse environmental effects. The following statements specify the reasons why, ; 0 in the City's judgment,the benefits of the Project outweigh its unavoidable environmental N risks. The City also finds that any one of the following reasons for approval cited below is a sufficient to justify approval of the Project. Thus, even if a court were to conclude that not every reason is supported by substantial evidence,the City will stand by its determination that O m each individual reason is sufficient. The substantial evidence supporting the City's Findings o and the benefits described below can be found in the Record of Proceedings. z - The proposed Project will convert currently underutilized land on the Project site to industrial uses that will enhance the City's tax base. - The proposed project will contribute valuable jobs that will help decrease the area's 13.2 percent unemployment rate,as the jobs can be filled by residents of the City and the o .2 surrounding area. o - The proposed Project will provide an industrial park that supports a wide range of a: warehouse distribution and industrial tenants. This will be of benefit in that the proposed x Project will attract a wide range of new businesses to the currently underutilized Project a 0 site. ° a - The proposed Project redevelops infill rather than expanding into greenfield. a m - The proposed Project will provide convenient access to trucks that will use the warehouse 5 a distribution facilities on the Project site in a manner that minimizes disruption to v residential areas within the City of San Bernardino. The Project site is located on or near p designated truck routes and can access the I-215 Freeway directly,minimizing disruption o to residential areas. d - The proposed Project will cluster industrial uses near existing roadways and freeways, d R which will serve to limit traffic congestion and associated air emissions. n - The proposed Project's proximity to the freeway will also prevent unnecessary wear and C3 tear on interior streets by trucks. a L - The proposed Project includes the installation of 3 mW of solar panels to help offset w greenhouse gas emissions. v - The proposed Project will develop industrial uses near existing rail and airport uses,which Ec will serve to improve multimodal goods movement and reduce air emissions associated m with trucking. C A-2 Michael Bradman Associates H:K'aem(MJN)=13W0130156TWuseW0130156 Namul On eBMwSWa ofOwerida02-21-2012JOc Packet Pg. 793 National Orange Show Industrial Project Findings of Fact for Environmental Effects - The proposed Project provides warehouse space that helps to alleviate the 1/2 billion square feet deficit of warehouse space required to service the San Pedro port area. - The proposed Project will facilitate goods movement for the benefit of local,regional, statewide,and nationwide economic growth. The warehouse and distribution facilities d will provide for the efficient distribution of goods throughout Western San Bernardino a` County and the greater Southern California region. - The proposed project will complete the National Orange Show Industrial Park with 3 v necessary infrastructure while incorporating high quality,consistent design standards. E Infrastructure necessary to support the project will be required. Project buildings,in o L conjunction with substantial landscaping,will be well designed,of high quality,and to v visually attractive. Infrastructure upgrades to the adjacent roadway system will benefit the c City in general and the surrounding property owners in particular. 0 - The proposed Project will provide for the orderly accommodation of new infll c 0 development that will fully and efficiently utilize existing infrastructure and public 'm improvements. z - The proposed Project will provide new development that will assist the City of San m Bernardino in obtaining fiscal balance in the years and decade ahead. The establishment of an industrial park on the currently underutilized Project site will increase property and c other tax revenues,and the influx of new employees into the area will benefit existing and 2 future retail and services businesses in the area. - The proposed Project will provide additional employment opportunities on the Project site. The Final EIR estimates that the proposed project will generate approximately 192 jobs,many of which will consist of highly trained workers. o. a • The foregoing benefits provided to the public through approval and implementation of the C Project outweigh the identified significant adverse environmental impacts of the Project that c v cannot be mitigated. `m • Each of the Project benefits separately and individually outweighs the unavoidable adverse O w 0 environmental impacts identified in the Final EIR and therefore finds those impacts to be � v acceptable. E v • Economic,social,and other considerations and benefits derived from the development of the in Project override and make infeasible any alternatives to the Project or further Mitigation c, Measures beyond those incorporated into the Project. a t X W c m E L U Q Michael Brandman Associates A-3 H\Ctim,(Pte-3N=13N1013015�wgs W130156 NeM O WM—SWme al0umiie 02-21-"12. x Packet Pg:794 u d 'o IL` m N 7 'O C 3 O L in d C d O A C O z m r C O .y d a K v c d a a Q m c 'v d O w 0 c d d m w M a L W C d £ L U N z a Packet Pg. 795 National Orange Show Industrial Project Findings of Fact for Environmental Effects v d IL m m a c 3 0 r N d rn c m O m c 0 z m CO r c O .y O) Q x v c m a a Q m c 'v d O w 0 c m E a m U) cn xx Li c u E 0 u m a Michael Brandman Associates A-1 N'.1CIImt(PN-JN)\W13\00130156(F1 mge\W130156 Ngi 0n M—&vmmtl oF�Q-21-2012.0 Packet Pg. 796 � EXHIBIT 4 CITY of SAN a£aNA aDI■o � PLANNING DIVISION PROJECT. General Plan Amendment No. 11-o NORTH HEARING DATE. 4!&2 12 » % FPF \ CH \ ` / J . . ,y e y\/ \ a \ CH \ < rrw ^ y\< « © } . LU . > R%� a/ f { f c \( ` ... � /� . � . /\/ \ . , , \j m »# . �\ } \ 2 2 : Mp ? ° _ < %A \ ` 7 . LU \ § °°\_ Assessor Parcel Numbers: 0136-83-1, 0136-72-1, 065 075a0136-92-3 | • �mRm J zo CITY OF SAN BERNARDINO Community Development Department—Planning Division Interoffice Memorandum TO: / ' Mayor and Common Council FROM: y�4. Margo Wheeler, Director SUBJECT Agenda Item 7.A — A Resolution of the Mayor and Common Council of the City of San Bernardino Certifying the Final Environmental Impact Report for the National Orange Show Industrial Project, Adopting the Facts, Findings and Statement of Overriding Considerations, Adopting the Mitigation Monitoring and Reporting Program, and Approving General Plan Amendment No. 11-04, Tentative Parcel Map No. 19330(Subdivision No. 11-02)and Development Permit 2 No. 11-04. DATE: April 16,2012 Pursuant to the South Coast Air Quality Management District (SCAQMD) request, the applicant proposes minor revisions shown below in bold and underline be added to the Mitigation Monitoring and Reporting Program(MM/RP) MM Air 1-C: MM AIR 1-C: During operation,the following measures shall be complied with: • At project start, all heavy-duty trucks entering the property must meet or exceed EPA 2007 engine emission standards. • Beginning in 2015, all heavy-duty trucks entering the property must meet or exceed 2010 engine emission standards. • If the above clean truck requirements are infeasible, a phase-in schedule should be put forth that will feasibly achieve emission reductions as soon as possible, and the project proponent should consult with the SCAOMD on such phase-in schedule Conclusion: Minor modifications incorporated in the MM/RP do not affect the Findings of Fact recommended for approval of General Plan Amendment No. 11-04, Tentative Parcel Map No. 19330 (Subdivision No. I 1-02)and Development Permit 2 No. 11-04,as stated in the March 28, 2012 Staff Report. Recommended Action: the Mayor and Common Council adopt the Resolution to: 1. Certify the Environmental Impact Report(SCH#201107017). 2. Adopt the Facts, Findings and Statement of Overriding Considerations. 3. Adopt the Mitigation Monitoring/Reporting Program. 4. Approve General Plan Amendment No: 11-04,Tentative Parcel Map No. 19330(Subdivision No. 11-02)and Development Permit 2 No. 11-04 based on the findings of fact in the Staff Report and subject to the Conditions of Approval. Attached: Michael Brandman Associates Letter Dated April 16, 2012 711 y/6,-/Z Michael Brandinan ,lssociare.c Date: April 16,2012 To: Aron Liang,Senior Planner From: Charles Holcombe, Project Manager Subject: Revision to National Orange Show Mitigation Measure MM AIR-1c During the 45-day public review period of the National Orange Show Draft EIR,a , comment letter was provided by Ian MacMillan, Program Supervisor-CEQA Intergovernmental Review for South Coast Air Quality Management District(SCAQMD) regarding the revisions and additions to air quality mitigation measures(dated February 3,2012).The recommended mitigation measures were included within Section 4, Errata,of the Response to Comments.The Response to Comments was provided to Ian on March 15,2012. Ian contacted the City of San Bernardino on April 11,2012 requesting a minor revision to Mitigation Measure AIR-1c.As per Ian's request, Mitigation Measure AIR-1c has been revised to include SCAQMD as a consultant in the event said clean truck requirements are infeasible. The following are revisions to the Draft EIR for the National Orange Show Industrial Project. These revisions are minor modifications and clarifications to the document, and do not change the significance of any of the environmental issue conclusions within the Draft EIR.All additions to the text are underlined(underlined) None of the analysis or conclusions in the narrative text that follows the enhanced mitigation constitute as significant new information as identified within State CEQA Guidelines§15088.5 and therefore do not require recirculation. MM AIR-1c During operation,the following measures shall be complied with: • At project start,all heavy-duty trucks entering the property must meet or exceed EPA 2007 engine emission standards. • Beginning in 2015,all heavy-duty trucks entering the property must meet or exceed 2010 engine emission standards. • If the above clean truck requirements are infeasible,a phase-in schedule should be put forth that will feasibly achieve emission reductions as soon as possible and the project proponent should consult with the SCAOMD on c t phase-in schedule. • The facility operator will maintain a log of all trucks entering the facility to ensure that on average,the daily truck fleet meets the emission standards listed in the EIR. This log should be available for inspection by city staff at any time. Gas nu 1�UI1 'I Al.4'ItYir.l'-<•PI \vKG .\.\'1'I'R V.ItF."Ot''K(:[%S AN\GP.\IIa'I' wa'n'.brandrtcm.ami f Aron Liang,Senior Planner April 16,2012 Page 2 • The facility operator will ensure that site enforcement staff in charge I of keeping the daily log and monitoring for excess idling will be trained/certified in diesel health effects and technologies[for example,by requiring attendance at CARB approved courses(such as the free,one-day Course#512)]. • Require at least a portion of the fleet to utilize alternative fueled technologies. • Create a buffer zone,which can be office space,employee parking, greenbelt,etc.between the warehouse and sensitive receptors. • Prohibit all vehicles from idling in excess of five minutes on site. • Have truck routes clearly marked with trailblazer signs,so trucks will not enter residential areas. • At a minimum, require tenants upon occupancy that do not already operate 2007 and newer trucks to apply in good faith for funding to replace/retrofit their trucks,such as Carl Moyer,VIP,Prop 18,or other similar funds. Should funds be awarded,the tenant should also be required to accept and use them. • Require facility operator to become SmartWay Partner upon start of operations. • Require facility operator to incorporate incentives and requirements such that the maximum feasible number of truck trips(e.g.,90%)will be carried by SmartWay 1.0 or greater carriers within the shortest timeframe possible(e.g.,three years). Sincerely, / Charles Holcombe, Project Manager Michael Brandman Associates 621 E.Carnegie Dr.Suite 100 San Bernardino,CA 92408