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HomeMy WebLinkAbout07.B- Community Development RESOLUTION(ID# 1769) DOC ID: 1769 E CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION CPublic Hearing From: Margo Wheeler M/CC Meeting Date: 04/16/2012 Prepared by: Shirley Robinson, (909) 384- 5057 Dept: Community Development Ward(s): 1 Subject: A Resolution of the Mayor and Common Council of the City of San Bernardino Adopting the Mitigated Negative Declaration and the Mitigation Monitoring/Reporting Program, Adopting General Plan Amendment No. 12-02 to Change the Split Land Use Designation from Office Industrial Park (Oip) and Industrial Light (II) to Industrial Light (B) on Approximately 14.52 Acres, and Approving Tentative Parcel Map No. 19369 (Subdivision No. 12-01) to Merge 13 Parcels into One, 14.52-Acre Parcel, and Development Permit 2 No. 12-02 to Construct a 345,802-Square Foot Warehouse Located on the East Side of Waterman Avenue, Approximately 300 Feet South of Mill Street. Financial Impact: Permit fees for construction and increased property taxes upon project completion will 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 unanimously recommended that Mayor and Common Council approve General Plan Amendment No. 12-02, Tentative Parcel Map No. 19369 (Subdivision No. 12-01), Development Permit 2 No. 12-02, and the Mitigated Negative Declaration and Mitigation Monitoring/Reporting Program prepared for the project. On April 4, 2012, the official public hearing notices were mailed out, and the legal ad regarding the public hearing was published on April 6,2012. i Updated:4/11/2012 by Tony Stewart E Packet Pg. 798 1769 The proposal includes changing the site's split OIP and IL land use designations to IL, to merge 13 parcels into one, 14.52-acre parcel, and the construction of a 345,802-square foot warehouse and related on-site improvements and to accommodate the expansion of the Cott Beverage Company. The subject site is located on the east side of Waterman Avenue, approximately 300 feet south of Mill Street(Location Map-Attachment 1). Cott Beverage has been operating a bottling plant in the City for nearly 20 years and currently employs 125 people. Currently, the business is located at 499 E. Mill Street, with an accessory warehousing operation located within the Burlington Coat Factory facility on Mill Street, to the northeast of the existing Cott Beverage facility. However, Burlington is expanding their operations and therefore, Cott Beverage must relocate their warehouse operations. Hillwood Investment Properties is proposing to construct the subject warehouse facility to the immediate west of the primary Cott Beverage facility and lease the warehouse to Cott Beverage. The proposed project will allow Cott Beverage to locate their operations next to each other, and will promote business retention and expansion within the City by allowing the existing business to provide added warehousing area. City Attorney Review: Supporting Documents: Attachment 1 -Existing Land Use Map (PDF) Attachment 2 -Planning Commission Staff Report(3-28-12) (PDF) Reso 1769 (PDF) Exhibit A to MCC Resolution (PDF) Attachment 4-Mitigation Monitoring Reporting Program(Final) (PDF) Attachment 5 - Draft 03.28.12 PC Meeting Minutes (PDF) O Updated:4/11/2012 by Tony Stewart E 7.B.a ATTACHMENT 1 CITY OF SAN BERNARDINO PLANNING DIVISION PROJECT: GPA12-021 DP2 12-02, & TPM 19369 (SUB 12-01) NORTH HEARING DATE: 03/2812012 0 z _ c LIy W h+f Lu n + 2t C nw — d Protect Site _ -44 { + r sm:M?9t�.ku e,se a3vY�svaavYCgslc��4"anL 'FSdF.vR4ttt�' .�}H8.4 x4.? Y,:J+�y�yyypy ,.. .smw ..nxen.�e�smm c+.axa�,vaver. xra.,uimrowmro g Packet Pg. 600 7.6.b ATTACHMENT PLANNING COMMISSION STAFF REPORT CITY OF SAN BERNARDINO PLANNING DIVISION N O CASE: General Plan Amendment No. 12-02,Tentative Parcel Map No. 19369 (Subdivision No. 12-01),and Development Permit 2 No. 12-02 z6 AGENDA ITEM: 4 c HEARING DATE: March 28, 2012 E WARD: 1 c d E OWNEWAPPLICANT: REPRESENTATIVE: a C YSI XXXXVIII LLC, Buckthorn Trust, Hillwood Investments a Che Leng Tang,Che Phey Tang, Betty c/o John Schaefer Pek Tang&Westbay Holdings, LLC 268 W. Hospitality Lane, Ste. 105 c/o Hillwood Investments San Bernardino,CA 92408 268 W.Hospitality Lane, Ste. 105 San Bernardino,CA 92408 Phone: (909)382-0033 (909)382-0033 N �o N M REQUEST AND LOCATION: 0 a v A request to amend the land use district of 14.52 acres from a split of Industrial Light(IL) and Office Industrial Park (OIP) to IL, to merge 13 parcels into one parcel, and to construct a 2 345,802-square foot warehouse building. The subject site is located on the east side of c Waterman Avenue,approximately 300 feet south of Mill Avenue. 2 N APNs: 0136-393-01 &08, 0280-011-05,24,26,28,30, 32, 38-42 E 0 U rn c CONSTRAINTS/OVERLAYS: a The project site is located within the Airport Influence Area and the Liquefaction Zone. N c E E ENVIRONMENTAL FINDINGS: ❑ Exempt from CEQA a ❑ No Significant Effect ® Mitigated Negative Declaration with Mitigation Monitoring/Reporting Program E ❑Environmental Impact Report with Mitigation Monitoring/Reporting Program Facts,Findings and Statement of Overriding Considerations a 2 FPackef Pg.801 1 7.13.b GPA 12-02, TPM 19369(Sub 12-01),DPZ 12-02 March 28, 2012 Page 2 STAFF RECOMMENDATION: ❑ Approval ❑ Conditions N ❑ Denial N ❑ Continuance to: ® Recommend to Mayor and Common Council z c m E v c v PROJECT DESCRIPTION E a The applicant requests approval of the following: a General Plan Amendment No. 12-02 — to change the land use designation of the westerly and m southerly portion of the subject 14.52-acre site from Office Industrial Park (OIP) to Industrial Light(IL),thus providing the site with a single,IL land use designation; r_ Tentative Parcel Map No. 19369 (Subdivision No 12-01,) - to merge 13 parcels into one 14.52- N acre parcel;and N Development Permit 2 No. 12-02 - to construct a 345,802-square foot warehouse building (including 5,100 square feet of ancillary offices)and related site improvements including parking 0 for employees and trucks/trailers associated with the warehouse and landscaping. The project is an expansion of the existing Cott Beverage facility to the immediate east of the N project site. An access easement to provide direct access to Mill Street will be located at the o northeast corner of the project site, and will traverse the vacant property owned by Cott W Beverage,between the site and Mill Street. E E 0 The structure will be a concrete, tilt-up structure, painted in shades of off-white and tan, with m blue glazing on the windows facing Waterman Avenue. The single-story building will primarily be 38 feet tall, with 42-foot tall tower elements located at the corners of the building and along the center of each side, to provide vertical articulation. The building will be architecturally a treated on all sides. The landscaping will be oriented towards Waterman Avenue, where it will have the most visual impact and best shade the parking lot where employees and visitors will m park; however, 10-foot side landscape planters are also proposed along the north and south sides t of the property. a SETTING/SITE CHARACTERISTICS d E The northern half of the site, which consists of three parcels, is currently developed with a self. storage facility that was constructed in 1975. The southern half of the site, which was a subdivided into 10 parcels, per Tentative Parcel Map No. 17987 in 2008, is currently vacant. 3 Packet Pg. 802 7.B.b GPA 12-02, TPM 19369(Sub 12-01),Dp212-02 March 28, 2012 Page 3 The self-storage facility will be demolished to make way for the new warehouse. The site and surrounding land uses are described in the table below. TABLE 1 N SITE AND SURROUNDING LAND USES N Location Land Use General Plan Designation z Site Self-storage facility and Office Industrial Park(OIP) and d undeveloped land Industrial Light(IL E v North Undeveloped Commercial General(CG-1) and IL Q South Light industrial and single-family OIP and IL structure a East Existing Cott Beverage facility IL and undeveloped land West Auto-oriented and home OIP improvement commercial uses n BACKGROUND N W • 1975 — The existing U-Store-It self-storage facility, located on the northern half of the M subject site was constructed. r • January 10, 1977 — Parcel Map No. 3579 was recorded, subdividing the self-storage v facility into three parcels. o • November 4, 2005 - Che Leng Tang, Che Phey Tang, Betty Pek Tang, Buckthorn Trust 2 and Westbay Holdings, LLC purchase the southern half of the project site. • February 3, 2008—the southern half of the project site is subdivided into 10 parcels, per w Parcel Map 17987. y • November 6, 2009 — The current owner of the self-storage facility, YSI XXXXVIII, E purchases the northern half of the project site. • February 23, 2012 — Formal application for GPA No. 12-02/TPM 19369 (Sub 12- 01)/DP2 12-02 was submitted. • March 5, 2012 — 90-day consultation letters and 45-day comment period letters were a mailed to the Indian tribes potentially affected by the project,per SB-l8. N • March 8, 2012 — The Development/Environmental Review Committee (D/ERC) reviewed the application and recommended that the project's Mitigated Negative L Declaration be released for public review and that the project be moved on to the Planning Commission for review and recommendation to the City Council. a • March 8, 2012 through March 28, 2012 — The project's Mitigated Negative Declaration was released for a 20-day public comment period. d E s ANALYSIS a The applicant is requesting approval of plans to expand the existing Cott Beverage facility. Currently, Cott Beverage operates a facility to the immediate east of the project site,as Well as to 4 Packet Pg. 803 7.B.b GPA 12-02, TPM 19369(Sub 12-01), DP2 12-02 March 28, 2012 Page 4 the north in the Burlington Coat Factory building. However, since Burlington is expanding into the rest of their facility,Cott Beverage must relocate. Although the subject building will be located directly west of the existing Cott Beverage facility, o it will be completely separate from the existing facility, and is being developed as a stand-alone N project, rather than as part of a larger campus. The site is located within two land use districts: 6 Industrial Light(IL)and Office Industrial Park(O1P). The applicant is processing GPA No. 12- Z 02 to change the OIP portion of the site to IL. -o c As noted above, TPM No. 19369 (Subdivision No. 12-01) is proposed to merge 13 parcels into E one, 14.52-acre parcel. The applicant proposes to develop a 345,802-square foot warehouse in a the center of the site, per DP2 No. 12-02. The following design analysis demonstrates the R project's compatibility with the Development Code. a `m The project also conforms to the Development Code requirements shown in the table below. `m TABLE2 DEVELOPMENT CODE AND GENERAL PLAN COMPLIANCE N CATEGORY PROPOSAL DEVELOPMENT GENERALPLAN M CODE COMPLIANCE r Permitted Use Warehouse Permitted sub'ect to DP Yes n Gross Lot Area 14.52 acres 40,000 square feet Yes W Setbacks Front 51' 10' m Rear 42'-3" 10' Yes Side(each) 181'-6"(north) 10' 136'-2"(south) 10' E Lot Coverage 55% 75% Yes U (Max.)m Structure Height 1 story with 2 sto)es/50' Yes (Max. mezzanine/42' m Landscaping 23.28%(20,882s.f.) 15% Yes a 70 trees 70 trees N Parking277 stalls 277 stalls Yes U U Loadine - Development Code Section 19.26.030 requires a minimum of one, 15-foot by 19-foot a loading space and one additional 10-foot by 20-foot passenger loading space. The applicant is proposing four loading spaces (two each on the north and south sides of the loading dock areas). However, since these are only called out as 10 feet wide on the site plan, staff recommen E ds E Condition No. 39, which requires a minimum of one of the loading spaces be a minimum of 15 feet in width,to meet the Development Code requirements. The applicant is also proposing one a 10-foot by 20-foot passenger loading space adjacent to the southern entrance to the building. 5 Packet Pg. 804 GPA 12-02, 1PM 19369(Sub 12-01), DP2 12-02 March 28, 2012 Page 5 Landscaping - The majority of the landscape, including the planting of 70 trees to meet the requirements of Development Code Section 19.24.060(6)(B) will be located along the front (west) side of the site, adjacent to Waterman Avenue, where the majority of the visitor and employee parking spaces will be located. This will also be the only portion of the site clearly o visible from the public right-of-way. Ten-foot wide landscaped planters will also be located along the north and south sides of the site. z6 Refuse Disposal/Storage—Two trash enclosures will be constructed on the site (one each along the north and south sides of the site)per Development Code Section 19.08.030(2)(5). E E CALIFORNIA ENVIRONMENTAL QUALITY ACT(CEOA) a C M The proposed project is subject to the California Environmental Quality Act(CEQA). An Initial Study (available on the City's web site at www.sbcity.org ) was prepared by LSA Associates, d Inc., and circulated for a 20-day public review period from March 8, 2012 to March 28, 2012, pursuant to the provisions of CEQA. Additionally, a Notice of Availability and Intent to Adopt a Mitigated Negative Declaration (MND)was advertised in the newspaper. To date, no comments have been received on the Initial Study. _ N FINDINGS OF FACT N M GENERAL PLAN AMENDMENT r 0 a 1. The project is internally consistent with the General Plan. M m The proposed amendment will result in removing the existing Office Industrial Park N (OIP) land use designation from a portion of the site, resulting in the entire site having y the Industrial Light (IL) land use designation. The IL district is intended to retain, enhance, and intensify existing and provide for the new development of lighter industrial E uses along major vehicular, rail, and air transportation routes serving the City, The ° U change in land use would provide a single land use designation over the entire 14,52-acre parcel, and would allow the development of a warehouse, which is consistent with the light industrial uses in the project vicinity, including the existing Cott Beverage facility, a located to the immediate east of the subject site. The project is also consistent with the following General Plan policies: c v Policy 2.5.6, which requires that new development be designed to complement and not devalue the physical characteristics of the surrounding environment, including 2 consideration of the site's natural topography and vegetation, surrounding exemplary a architectural style, etc., and Policy 5.7.6, which encourages architectural detailing,which d includes richly articulated surfaces and varied fagade treatment,rather than plain or blank E L walls. a m Q The project site is flat and has been disturbed in the past, and therefore, contains no natural vegetation. The site is surrounded on all sides by light industrial and industrial- 6 Packet Pg. 805 7.e.b GPA 12-02,TPM 19369(Sub 12-01), DP212�02 March 28,2012 Page 6 serving (i.e., wholesale) commercial businesses. The proposed project will result in the construction of a 345,802-square foot warehouse with ancillary parking and landscaping. The concrete tilt-up building will be articulated on all sides through the use of varying parapet heights, comer tower elements and the use of color and varying materials to break up the mass of the building walls. The rooftop equipment will be screened, and N extensive landscaping will be provided along the project's Waterman Avenue frontage, d consistent with these policies. z c v 2. The proposed amendment would not be detrimental to the public interest, health, safety, E convenience, or welfare of the City. m E a The proposed amendment will not be detrimental to the public interest, health, safety, _m convenience, or welfare of the City in that amendment from OIP and IL to IL will a facilitate the development of a warehouse facility on a parcel that is partially developed d with a self-storage facility, and in need of rehabilitation. The project site has direct d access from Waterman Avenue, will be fully served by utility providers, will be constructed in accordance with all applicable codes and regulations, and by its nature (a o warehouse for a bottling facility), will not result in the need for the excessive provision of services. N 3. The proposed amendment would maintain the appropriate balance of land uses within the City. 0 a The proposed amendment from OIP and IL to IL would affect 14.52 acres of land that are r partially developed with a self-storage facility. The proposed amendment maintains an appropriate balance of land uses by providing for the re-use of an existing industrial N property. The proposed amendment will not chance the balance of land uses in the City. g 4. The subject parcel is physically suitable (including, but not limited to, access, provision E of utilities, compatibility with adjoining land uses, and absence of physical constraints) cE for the requested land use designation and anticipated land use development. rn c The project site currently consists of 13 parcels that are proposed to be merged into one, 14.52-acre parcel. The parcel will be generally flat and rectangular in shape, with direct a access at three locations along Waterman Avenue. Utilities are available directly from Waterman and via an easement from Mill Street to the north(sewer). A 345,802-square d foot warehouse is proposed on the site. The site is currently surrounded by similar E industrial and industrial-serving uses, including the existing Cott Beverage facility to the immediate east. As shown in the table above, the site is sufficient in size to provide a setbacks greater than the minimum required by the Development Code, and to meet c parking, loading and landscaping requirements. In that the site is flat there are no E physical constraints on the site,such as steep slopes or watercourses. A a 7 Packet Pg. 806 7.B.b GPA 12-02, i'PM 19369(Sub 12-01), DP2 12-02 March 18, 2012 Page 7 TENTATIVE PARCEL MAP 1. The proposed map is consistent with the General Plan and all applicable Specific Plans. N O The site is not located within a Specific Plan area and as discussed in GPA Finding 1, above,will be consistent with the San Bernardino General Plan. z° 2. The design of the proposed map is consistent with the General Plan and all applicable Specific Plans. n c d E The site is not located within a Specific Plan area and as discussed in GPA Finding 1, a above, the design of the proposed map will be consistent with the San Bernardino General Plan, a m d 3. The site is physically suitable for the proposed type of development. As discussed in GPA Finding 4, above, the site is physically suitable for the proposed warehouse development. N 4. The site is physically suitable for the proposed density or development. N M The proposed development will consist of a single industrial warehouse on the merged r 14.52-acre parcel, and not residential uses. As noted in GPA Finding 4, above, the site is sufficient in size to accommodate the proposed building, along with setbacks that exceed the minimum required by the Development Code, and parking, loading and landscaping to meet Development Code requirements. w c 0 5. The design of the proposed improvements is not likely to cause substantial environmental E damage, or substantially and unavoidably injure fish or wildlife or their habitat. E 0 U The proposed project, including the Tentative Parcel Map, is subject to the California Environmental Quality Act (CEQA). As such, a Mitigated Negative Declaration was prepared for the project in accordance with CEQA. The project site is an infrll a development that is partially occupied with a self-storage facility. The site is not located adjacent to any watercourses; however, several trees exist on the site,which may be used for nesting. Therefore, while the project will not substantially and unavoidably injure £ fish or native habitat, there is the potential for nests to be disturbed. The Mitigated u Negative Declaration identified potential environmental impacts with regard to air quality, biology, cultural resources, geology and soils, hazards and materials, hydrology a and water quality, noise, and transportation and circulation. Consequently, measures to fully mitigate these impacts to less than significant have been incorporated into the E project's Mitigation Monitoring/Reporting Program (Attachment D). With the implementation of these measures, the project is not likely to cause substantial environmental damage. 8 PacketPg. 807 7.B.b GPA 12-02,1'PM 19369(Sub 12-01),DP2 12-02 March 28, 2012 Page 8 6 The design of the proposed improvements is not likely to cause serious public health problems. The design of the proposed subdivision meets all applicable Development Code o requirements, which protect the public health and safety. The proposed parcel will have direct access to Waterman Avenue. Therefore, emergency and public services will o continue to have adequate access to the future structure on the site. The proposed Z subdivision is not expected to have any effect on public health. E a 7. The design of the proposed improvements and the type of improvements do not conflict with any easements, acquired by the public at large, for access through or use of a property within the proposed subdivision. a The design of the subdivision will not conflict with any public easements. No conflicting easements have been identified, but any easements requiring reservation or relocation will be resolved prior to recordation of the Tentative Tract Map. �? m DEVELOPMENT PERMIT 1. The proposed development is one permitted within the subject zoning district and C; complies with all of the applicable provisions of this Development Code, including n prescribed developmendsite standards and any/all applicable design guidelines. r 0 a The proposed warehouse facility is permitted with a Development Permit in the industrial Light(IL) land use district per Development Code Section 19.08.020. As discussed in Table 2 and GPA Finding 4, above, the project will be consistent with all applicable n provisions of the Development Code. Further, the project complies with applicable `o design guidelines as follows: G19.08.050(3)(A) (Site Planning Principles), which calls for the main elements of sound industrial design include the following: Controlled site access; service areas located at m the sides and rear of buildings; convenient access, visitor parking and on-site circulation; screening of outdoor storage, work areas, and equipment; emphasis on the main building R entry and landscaping; and landscaped open space. a N G19.080.050(4)(F) (Parking and Circulation), which states that the industrial site should d be a self-contained development capable of accommodating its own parking needs. The r use of the public street for parking and staging of trucks is not allowed. m a The proposed warehouse facility will be served by three driveways directly off of c Waterman Avenue and a fourth driveway via an easement to Mill Street. Service areas E will be located along the sides of the building and will be screened from street view by U wing walls, Visitor and primary employee parking is proposed along the front of the site, a adjacent to the main building entries. A heavily landscaped area will be located between Waterman Avenue and the parking lot, with additional landscaping along the sides of the 9 Packet Pg. 808 7.B.b GPA 12-02, TPM 19369(Sub 12-01), DP2 12-02 March 28,2012 Page 9 property. Additional employee and parking for large trucks and trailers associated with the warehouse will be located along the north and south sides of the site. The parking for the site will be self-contained and will provide sufficient room to park and stage trucks on the site. Since the project site is adjacent to properties in the OIP land use district, the o front of the building will incorporate entry towers, glass and vertical and horizontal articulation to enable the building to have the appearance of office uses along the street z6 side of the structure. Outdoor storage is not proposed and all equipment will be screened. v 2. The proposed development is consistent with the General Plan. m As discussed in GPA Finding 1, above, the proposed warehouse development will be a consistent with the San Bernardino General Plan. a 3. The proposed development would be harmonious and compatible with existing and future m developments within the land use district and general area, as well as with the land uses presently on the subject property. m The proposed project will consist of a 345,802-square foot, single-story warehouse. The site is currently partially developed with a self-storage facility,which will be demolished. Therefore,the proposed warehouse will not conflict with any on-site structures. The site is surrounded by properties zoned General Commercial, Office Industrial Park, and M Industrial Light. As such, similar light industrial uses (including the existing Cott r Beverage facility to the immediate east), and industrial-serving commercial uses (i.e, w wholesale auto parts) surround the site, as does vacant land that has the potential to be developed with similar uses. Consequently, the proposed development will be m harmonious and compatible with existing and future developments within the land use e' district and general area. 4 N N 4. The approval of the Development Permit for the proposed development is in compliance E with the requirements of the California Environmental Quality Act and Section ° U 19.20.030(6) of the Development Code. The proposed project is subject to the California Environmental Quality Act(CEQA)and a Development Code Section 19.20.030.6. As such, a Mitigated Negative Declaration was prepared for the project in accordance with CEQA. As discussed in TPM Finding 5, above, an Initial Study (including reports for traffic, noise, etc.) was prepared for the E project,which identified potential impacts the project may have on the environtnent, and u also established measures that would fully mitigate these potential impacts through implementation of the measures. As part of the environmental review process, a a Mitigation Monitoring/Reporting Program has also been prepared (Attachment p) which v will be used to monitor, evaluate the effectiveness of, and insure the adequacy of the specified mitigation measures, per Development Code Section 19.20.030(6). a 18 Packet Pg. 809 7.B.b GPA 12-02,TPM 19369(Sub 12-01),DP2 12-02 March 28, 2012 Page 16 5. There will be no potential significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored. As discussed in TPM Finding 5, above, there will be no potential significant negative o impacts upon environmental quality and natural resources that could not be properly N mitigated and monitored. o z 6 The subject site is physically .suitable for the type and density/intensity of use being proposed. E E d As discussed in TPM Finding 4,above,the proposed development will consist of a single E a industrial warehouse on the merged 14.52-acre parcel, and not residential uses. As noted in GPA Finding 4, above, the site is sufficient in size to accommodate the proposed a building, along with setbacks that exceed the minimum required by the Development d Code,and parking,loading and landscaping to meet Development Code requirements. 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 _e and safety. N W The project site takes direct access off of Waterman Avenue and since it is partially M developed with a self-storage facility, it is currently served by water, sanitation and r public utilities and services to ensure that the proposed warehouse will not be detrimental °o to public health and safety. 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 4 the City. E E The proposed warehouse will not be detrimental to the public interest, health, safety, u convenience, or welfare of the City, in that the project site has direct access from M Waterman Avenue, will be fully served by utility providers, will be constructed in 'c accordance with all applicable codes and regulations, and by its nature(a warehouse fora bottling facility),will not result in the need for the excessive provision of services, a N CONCLUSION E The proposed project satisfies all Findings of Fact for approval of General Plan Amendment No. 2 12-02,Tentative Parcel Map No. 19369 (Subdivision No. 12-01) and Development Permit 2 No. a 12-02. v E RECOMMENDATION Staff recommends that the Planning Commission recommend that the Mayor and Common a Council approve General Plan Amendment No. 12-02, Tentative Parcel Map No. 19369 11 PacketPg.810 7.B.b GPA 12-02, TPM 19369(Sub 12-01), DP212-02 March 28, 2012 Page 17 (Subdivision No. 12-01) and Development Permit 2 No. 12-02, and the Mitigated Negative Declaration and Mitigation Monitoring/Reporting Program prepared for the project, based upon the Findings of Fact contained in this staff report and subject to the Conditions of Approval (Attachment C). o N Respectfully Submitted, o z E I A-`I� Tony Stewart, CP m Deputy Director/City Planner c M a Approved for Distribution: d M. azgo Wheeler,AICP Community Development Director N CN o th Attachment A Location Map r Attachment B Reduced Exhibits c n Attachment C Conditions of Approval Attachment D Mitigation Monitoring/Reporting Program N C O y al E E O U m c E a N C d E L U R a v E U U F Q 12 PacketPg. 81t 7.B.b ATTACHMENT A CITY OF SAN BERNARDINO PLANNING DIVISION PROJECT: GPA12-02, DP2 12-029 8 9 WIN 19369 (SUB 12-01) N 6 HEARING DATE: 03/2812012 NORTH E v v E Lu a f- d MILL ST MILL i'M x '-0 '._'Y' v ..... 4 A N r A W r Y ✓+' A Ft� O �}St rw (K Project Site E E 0 ui U Z N w W.. 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Ai E^ i • �.. : "i' C i {p� q� • u . • ■v • • L re MO E tl.yEr .Ei. .......U.. m • �n iWAiiii: ■ em 5!i ::: uuoi;•:� : SIN.Q"i IE�L.: '.�.■.a.3�•:... • • • n n _ __ a'eiuuw• •••iiii eAiin• a ep •tlY � 1 Iln n ri a FeS"ii u i �'.•r H. E EiHills... .Ea _ •: 2� gs E Qe�Eh :E�- E �EE�ECEE93•: � EE9EEEEE . 9.':3.� ..iiEEE •i's�-''.E9BEEEEEE9i s. E::.:i:.. .. • sE : g ' g, a=i 'sEsi.E� AS�iEyEE'1. s,: E • ee:E�eEE . �E: i . i�'.EE. E E9EEEEEHiEE! 7,B.b I -A E E, < lilt I It E E 41 i pill) II JIM E ---- ------ E 23 Packet Pg. 822 7.B.b ATTACHMENT C CONDITIONS OF APPROVAL Tentative Parcel Map No. 19369 (Subdivision No. 12-01) and o Development Permit 2 No. 12-02 6 Z 1. This approval is for construction of a 345,802-square foot warehouse facility located on W the east side of Waterman Avenue, approximately 300 feet south of Mill Street (APNs a 0136-393-01 & 08, 0280-011-05, 24, 26, 28, 30, 32, 38-42) in the Industrial Light (IL) E land use district. All development shall be in substantial conformance with the Site Plan a date stamped March 8, 2012, the Landscape Plan date stamped March 13, 2012, and the remainder of the project plans date stamped February 23,2012. a d 2. Within two years of this approval, all necessary building permits must be obtained and commencement of work/construction shall have occurred or the permit/approval shall become null and void. In addition, if after commencement of construction, the work is n discontinued for a period of one year, the permit/approval shall become null and void. However, approval of the Development Permit does not authorize commencement of N construction. All necessary permits must be obtained prior to commencement of specified C6 construction activities included in the Conditions of Approval and Standard „C�, Requirements. r 0 a Expiration Date: 2 years from approval date of the General Plan Amendment 3. Within two years of the original approval date, the filing of the final map with the Council shall have occurred or the approval shall become null and void. Expiration of a o tentative map shall terminate all proceedings and no final map shall be filed without first processing a new tentative map. The City Engineer must accept the final map or tentative E map documents as adequate for approval by Council prior to forwarding them to the City 0 0 U Clerk. The date the final map shall be deemed filed with the Council is the date on which the City Clerk receives the map. Expiration Date: 2 years from approval date of the General Plan Amendment a N 4. All Conditions of Approval and standard requirements shall be implemented and/or E completed prior to final inspection and issuance of a Certificate of Occupancy, unless otherwise stated. ° a 5. The review authority may, upon application being filed 30 days prior to the expiration date and for good cause, grant a one-time extension not to exceed 12 months. The review r authority shall ensure that the project complies with all current Development Code provisions. a 24 Packet Pg. 823 7.B.b DP2 No. 12-02ITPM 19369(Subdivision 12-01) Conditionsfor PC:March 28, 2012 Page 2 6. In the event this approval is legally challenged, the City will promptly notify the applicant of any claim or action or proceeding and will cooperate fully in the defense of this matter. Once notified,the applicant agrees to defend, indemnify, and hold harmless o the City of San Bernardino ("City"), the Economic Development Agency of the City of N San Bernardino ("EDA"), any departments, agencies, divisions, boards or commissions o of either the City or EDA, as well as any predecessors, successors, assigns, agents, z directors,elected officials,officers, employees,representatives and attorneys of either the `m City or EDA from any claim, action or proceeding against any of the foregoing persons v or entities.The applicant further agrees to reimburse the City for any costs and attorneys' fees that the City may be required by a court to pay as a result of such action, but such a participation shall not relive applicant of his or her obligation under this condition. a The costs, salaries, and expenses of the City Attorney and employees of his office shall be considered as "attorneys' fees" for the purpose of this condition. As part of the d consideration for issuing this permit, this condition shall remain in effect if this a Development Permit is rescinded or revoked,whether or not at the request of applicant. r_ 7. A Final/Parcel Map based upon a field survey will be required. N 8. Additional survey and map information including, but not limited to, building setbacks, flooding and zones, seismic lines and setbacks, geologic mapping and archeological sites t shall be filed with the City Engineer in accordance with Ordinance No.MC-592. a d m 9. Electronic files of the parcel map shall be submitted to the City Engineer. The files shall r be compatible with AutoCAD 2000,and include a .DXF file of the project. Files shall be y on a CD and shall be submitted at the same time the final Mylar drawings are submitted o for approval. N 10. Two sets of closure calculations, one copy of all reference documents, one copy of a o preliminary title report and one copy non-interference letter or proof of notification shall `-' M be submitted to the City Engineer. 11. The final map shall be recorded prior to issuance of building permits. a N 12. Modifications to the plans shall be subject to the applicable provisions of the San m Bernardino Development Code, Chapter 19.60,Minor Modifications. r U N 13. This permit or approval is subject to all applicable provisions of the Development Code a in effect at the time of approval. This includes Chapter 19.20 - Property Development Standards,and includes: dust control during construction and grading activities;emission control of fumes, vapors, gases and other forms of air pollution; glare control;exterior o lighting design and control; noise control; odor control; screening; signs, off-street parking and off-street loading; and vibration control. a 25 Packet Pg. 824 DP2 No, 12.02ITPM19369(Subdivision 12_01) Conditionsfor PC:March 28, 2012 Page 3 14. The applicant shall designate three of the employee parking spaces located closest to the primary building entrance as employee vanpool spaces, per Development Code Section 19.20.030(26). o N 15. The project shall comply with the requirements of other agencies,as applicable(e.g., the Air o Quality Management District, San Bernardino County Flood Control District, California Z Department of Fish and Game,Regional Water Quality Control Board,etc.). E v 16. A Landscape and Irrigation plan and permit are required for this project. v E a 17. 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 a Real Property Section will prepare documents for execution by the property owner. The v 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 �? property in order to accomplish the required landscape maintenance. A document- processing fee in the amount established by ordinance shall be paid to the Real Property Section to cover processing costs. The property owner, prior to plan approval, shall execute this easement and covenant unless otherwise allowed by the City Engineer, N 18. The property owner(s), successors and assigns shall be responsible for regular r maintenance the site. Vandalism, graffiti, trash ad other debris shall be removed within 0 24 hours. a 19. Signs are not approved as part of this permit. Prior to installing signs, the applicant shall CO submit an application for approval by the Planning Division. `o y N 20. All exterior lighting shall be energy efficient with the option to lower or reduce usage E when the facility is closed. o U m 21. The detention basin shall be designed in accordance with "Detention Basin Design Criteria for San Bernardino County." Retention basins are not acceptable. Double Ring `m Infiltrometer testing is required to determine the percolation rate at the final grades of ° each of the proposed infiltration features (one detention basin and two infiltration underground storage units). The basin shall include an emergency overflow and a low d flow outlet. E r U 22. A conceptual Full-Categorical Water Quality Management Plan (WQMP) prepared by a Thienes Engineering 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 E will disturb more than an acre of land; therefore, a Storm Water Pollution Prevention v 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 provided. 26 PacketPg.825 7.B.b DP2 No. 12-02/TPM 19369(Subdivision 12-01) Conditions for PC:March 28, 2012 Page 4 23. An Erosion Control Plan is required to be submitted with the grading plan for review and approval by the Director of Community Development prior to issuance of the grading permit. N 0 N 24. The grading and drainage plan shall be signed by a Registered Civil Engineer and a 0 grading permit will be required. The grading plan shall be prepared in strict accordance z with the City's"Grading Policies and Procedures" and the City's"Standard Drawings", E v 25. A grading bond will be required and the {Wading shall be supervised in accordance with `m Section 3317.2 of the California Building Code. E a 26. An on-site Improvement Plan and permit are required for this project. The on-site plan a can be. incorporated with the grading plan and shall conform to all requirements of m Section 15.04-167 of the Municipal Code(See "Grading Policies and Procedures"). ate` ca 27. An off-site Improvement Plan and permit are required for this project according to Municipal Code Section 12.03. The plan shall be prepared by a Registered Civil Engineer. The proposed 40-foot wide driveway along Waterman Avenue shall be N constructed at a width of 36 feet. N 28. A 40-foot wide access road is proposed in order to access Mill Street. Prior to issuance of off-site improvement permits,the applicant shall provide proof of legal rights to access a and work on this property. 29. The applicant shall submit a Focused Traffic Study for this project. n c 0 30. Electronic files of all public improvement plans/drawings shall be submitted to the City 0 Engineer. The files shall be compatible with AutoCAD 2000, and include a .DXF file of E the project. Files shall be on a CD and shall he submitted at the same time the final o Mylar drawings are submitted for approval. U rn c 31. Any equipment, whether on the roof, side of structure, or ground shall be screened from view as per Development Code requirements. a N 32. The applicant shall pay all recalculated sewer fees prior to issuance of a Building permit. d E 33. The applicant shall obtain Demolition Permits prior to the issuance of Building Permits. a 34. The project is located in an 85 mph, Exp C wind load area. Therefore,the applicant shall use the three-second gust factor when preparing construction plans for submittal, E E U 35. When submitting pans,the applicant shall indicate all items to be stored in the warehouse a and the truck maintenance area. The applicant shall list all quantities of cleaning materials, flammables, oils, liquids, etc. All flainmables shall be listed and storage/containment shall be verified with the City of San Bernardino Fire Depagment. 27 Packet Pg. 826 7.B.b DP2 No. 12-021TPM 19369(Subdivision 12-01) Conditions for PC:March 28, 2012 Page S 36. The applicant shall demonstrate full compliance with Title 24—Disable Access and shall provide the following on the plans: c N The path of travel from all parking lots to all building entrances, restrooms, o warehouse,ancillary uses and the overall site. z d All exits shall comply with the current Disable Access requirements. Warehouse 9 exits shall be verified. 37. All construction sites shall be secured with temporary chain-link fencing, six feet in m height. a m 38. Submit the Conditions of Approval and Standard Requirements issued with the m Development Permit approval as part of the plan review submittal, building plans, on-site �? improvements,landscaping,etc.to the Building Plan Check Division. r_ 39. The applicant shall construct at least one of the truck loading spaces with a minimum width N of 15 feet. N 40. The permit is also subject to Attachment D,the Mitigation Monitoring/Reporting Program. 0 a v End of Conditions of Approval m- y C 0 E E 0 U M E C c m a N C E E L U a C d E L U F Q 28 Packet Pg.827 ATTACHMENT D COTT BEVERAGE INDUSTRIAL PROJECT GENERAL PLAN AMENDMENT NO.12-02 DEVELOPMENT PERMIT 2 NO. 12-02 0 TENTATIVE PARCEL MAP NO.19369 SUBDIVISION NO.12-01 Z MITIGATION MONITORING REPORTING PROGRAM v E a This Mitigation Monitoring and Reporting Program was prepared to implement the mitigation E measures outlined in the Draft and Final Initial Study (herein Final Initial Study) for General a Plan Amendment No. 12-02,Development Permit 2 No. 12-02, Tentative Parcel Map No.19369, a Subdivision No. 12.01. This program has been prepared in compliance with the California Environmental Quality Act (CEQA), and the State and City of San Bernardino CEQA Guidelines. CEQA Section 21081.6 requires adoption of a monitoring and/or reporting program for those measures or conditions imposed on a project to mitigate or avoid adverse effects on the environment.The law states that the monitoring or reporting program shall be designed to ensure compliance during project implementation. N M The Mitigation Monitoring and Reporting Program contains the following elements: o a v 1. The mitigation measures are recorded with the action and procedure necessary to ensure compliance. The program lists the mitigation measures contained within l the Initial Study. 0 2. A procedure for compliance and verification has been outlined for each .N mandatory mitigation action. This procedure designates who will take action, E what action will be taken and when, and to whom and when compliance will be o reported. m c 3. The program contains a separate Mitigation Monitoring and Compliance Record for each action. On each of these record sheets, the pertinent actions and dates i6 will be logged, and copies of permits, correspondence or other data relevant will a be retained by the City of San Bernardino. 4. The program is designed to be flexible. As monitoring progresses, changes to E compliance procedures may be necessary based upon recommendations by those U responsible for the program. If changes are made, new monitoring compliance a procedures and records will be developed and incorporated into the program. d E The individual mitigation measures and accompanying monitoring/reporting actions follow. s U They are presented in the same order as in the Final Initial Study. a March 6,2012 29 PacketPg. 828 • - 7.B.b Mitigation Monitoring and Reporting Program General Plan Amendment No. 12-02 Development Permit 2 No. 12-02 Tentative Parcel Map No. 19369 Page 2 I. AIR QUALITY N AIR-1: The project shall comply with the requirements of SCAQMD Rules 402 and 403, N Fugitive Dust,which require the implementation of Reasonable Available Control o Measures (RACM) for all fugitive dust sources, and the AQMP, which identifies z Best Available Control Measures (BACM) and Best Available Control m Technologies (BACT) for area sources and point sources, respectively. This would include but would not be limited to the following actions: d 1. The project proponent shall ensure that construction equipment is properly E maintained and serviced to minimize exhaust emissions. 2. The project proponent shall ensure that existing power sources are utilized a where feasible via temporary power lines to avoid on-site power generation. 3. The project proponent shall ensure that construction employees be informed a of ride-sharing and transit opportunities. a 4. The project proponent shall ensure that any portion of the site to be graded shall be prewatered to a depth of three feet prior to the onset of grading N activities. N 5. The project proponent shall ensure that twice daily watering of the site or C other soil stabilization methods shall be employed on an ongoing basis after o the initiation of any on-site grading activity. Portions of the site that are actively being graded shall be watered regularly to ensure that a crust is W formed on the ground surface, and shall be watered at the end of each n workday. o 6. The project proponent shall ensure that all disturbed areas are treated to N prevent erosion until the site is constructed. E 7. To reduce the potential for wind erosion, the project proponent shall ensure that landscaped areas are installed as soon as possible. c S. The project proponent shall ensure that SCAQMD Rule 403 is adhered to, R ensuring the cleanup of construction-related dirt on approach routes to the a project site. c 9. The project proponent shall ensure that all grading activities are suspended £ during first and second stage ozone episodes or when wind speeds exceed 25 miles per hour. A a 10.Cover all trucks hauling dirt, sand, soil, or other loose materials, or maintain at least 0.6 m (2 feet) of freeboard (vertical space between the top of the load E and top of the trailer) in accordance with the requirements of California s Vehicle Code(CVC) Section 23114. a 11. Limit all on-site traffic speeds to 15 mph or less. 30 PacketPg. 829 Mitigation Monitoring and Reporting program General Plan Amendment No. 12-02 Development Permit 2 No. 12-02 Tentative Parcel Map No. 19369 Page 3 IMPLEMENTATION AND VERIFICATION N Planning staff and/or City Inspectors shall verify implementation of the above mitigation ° N measures. 6 z c m COMPLIANCE RECORD En c When Required:The verification shall be completed as necessary during grading and E construction. c m a m WRITTEN VERIFICATION PREPARED BY: c d cs rn DATE PREPARED: N W N M O a d n: N N C 0 m E E 0 U m c L c m a N C d E L U m Q c v E L u m Q 31 Packet Pg.830 7.B.b Mitigntion Monitoring and Reporting Program General Plan Amendment No. 12.02 Development Permit 2 No. 12-02 Tentative Parcel Map No. 19369 Page 4 II. GREENHOUSE GAS EMISSIONSIGLOBAL CLIMATE CHANGE (GCC) N O GCC-1: To the extent practical and to the satisfaction of the City, the following shall be incorporated into the design and construction of the project: z° c Construction and Building Materials E • Use locally produced and/or manufactured building materials for at least to d percent of the construction materials used for the project. E a • Use "Green Building Materials," such as those materials that are resource efficient, and recycled and manufactured in an environmentally friendly way, n. for at least 10 percent of the project. d c • Limit unnecessary idling of construction equipment.A reduction in equipment idling would reduce fuel consumption, and therefore,GHG emissions. m • Maximize the use of electricity from the power grid by replacing diesel- or gasoline-powered equipment. This would reduce GHG emissions because N electricity can be produced more efficiently at centralized power plants. Energy Efficiency M Design the project building to exceed the California Building Code's (CBC) Title o 24 energy standard, including, but not limited to, any combination of the following: 0 • Increase insulation such that heat transfer and thermal bridging is minimized. a' c 0 • Limit air leakage through the structure or within the heating and cooling N distribution system to minimize energy consumption. E E • Incorporate ENERGY STAR or better rated windows, space heating and u cooling equipment, light fixtures, appliances, or other applicable electrical rn c equipment. E c • Provide a landscape and development plan for the project that takes advantage a of shade,prevailing winds, and landscaping. w • Install efficient lighting and lighting control systems. Use daylight as an d integral part of the lighting systems in buildings. u m • Install light-colored "cool" roofs in conditioned areas and cool pavements a where practical. c v • Install energy-efficient heating and cooling systems, appliances and E equipment, and control systems. • Install solar or light-emitting diodes (LEDs) or equivalent for outdoor a lighting. 32 PacketPg.831 7.B.b Mitigation Monitoring and Reporting Program General Plan Amendment No. 12-02 Development Permit 2 No. 12-02 Tentative Parcel Map No. 19369 Page • The project shall use less than 3,900 Global Warming Potential (G)yP) hydrofluorocarbon (HCF) refrigerants or natural refrigerants (ammonia; N propane, carbon dioxide [CO21) for refrigeration and fire suppression N equipment. 6 Water Conservation and Efficiency Z c The project shall have a comprehensive water conservation strategy appropriate E for the project and its location. The strategy may include the following, plus other innovative measures that may be appropriate: E a • Install drought-tolerant plants for landscaping. A a • Use reclaimed water for landscape irrigation within the project if available. Install the infrastructure to deliver and use reclaimed water when available. d • Install water-efficient irrigations systems, such as weather-based and soil- moisture-based irrigation controllers and sensors for landscaping according to 0 the California Department of Water Resources Model Efficient Landscape �r Ordinance. N Solid Waste o N • Provide employee education readily available from the City and/or County r about reducing waste and available recycling services. °o d IMPLEMENTATION AND VERIFICATION n c 0 Planning staff shall verify implementation of the above mitigation measures. N E E O COMPLIANCE RECORD m c When Required:The verification shall be completed prior to issuance of building permits. a N WRITTEN VERIFICATION PREPARED BY: E s v m DATE PREPARED: a c d E U v m 33 Packet Pg. 832 Mitigation Monitoring and Reporting Program General Plan Amendment No. 12-02 Development Permit 2 No. 12-02 Tentative Parcel Map No. 19369 Page 6 III. BIOLOGICAL RESOURCES N BIO-I: A pre-construction burrowing owl survey shall be conducted within 10 days prior to beginning of site grading in the event that burrowing owls occupy the site in o the future. Surveys and relocation, if applicable, shall be conducted between z September 1 and January 31. It is anticipated that the survey protocols will, at a d minimum, reflect the standards of the CDFG Staff Report on Burrowing Owl v Mitigation(1995, as summarized below). m Owls must be relocated by a qualified biologist from any occupied burrows that a will be affected by project activities into suitable habitat. Suitable habitat is undeveloped land that can meet the burrowing owl's life cycle requirements (for a both foraging and breeding) and is not intended for development. Suitable habitat 5 must be adjacent or near the disturbance site or artificial burrows will need to be provided nearby. Once the biologist has confirmed that the owls have left the �? burrow, burrows should be excavated using hand tools and refilled to prevent reoccupation. Owls shall be excluded from burrows using passive relocation techniques within N the approved limits of disturbance and an appropriate buffer zone. This will be N conducted by a qualified biologist by installing one-way doors in burrow entrances.The qualified biologist will also determine whether creation of artificial o burrows is necessary as part of the relocation effort. A Burrowing Owl Relocation Plan (Relocation Plan) prepared by a qualified biologist shall be submitted to the CDFG for review and approval prior to relocation of owls. The Relocation Plan shall describe proposed relocation and o monitoring plans and shall include the number and location(s) of occupied burrow y sites and details on adjacent or nearby suitable habitat available to owls for E relocation. If no suitable habitat is available nearby for relocation, details o regarding the creation of artificial burrows (numbers, locations, and type of L) burrows) shall be included in the plan. The Relocation Plan shall also describe proposed mitigation to compensate for impacts to burrowing owls/occupied burrows at the project site. a BIO-2: If project activities are planned during the avian nesting season (approximately N February 1 through August 31), nesting bird surveys shall be conducted within ten days prior to disturbance to ensure birds protected under the MBTA are not disturbed by construction-related activities such as noise and increased human presence. Any active nests detected in the area shall be flagged and an appropriate a buffer around the nest location will be established, as determined by the CDFG. v The buffer area is to be avoided until the nesting cycle is complete or it is E L determined by the biologist that the nest has failed. a 3q Packet Pg.833 Mitigation Monitoring and Reporting Program General Plan Amendment No. 12-02 Development Permit 2 No. 12-02 Tentative Parcel Map No. 19369 Page 7 N O IMPLEMENTATION AND VERIFICATION 0 z Planning staff and/or City Inspectors shall verify implementation of the above mitigation measures. E v c v E COMPLIANCE RECORD Q L @ a When Required:The verification shall be completed prior to issuance of a grading permit. R w c @ ca WRITTEN VERIFICATION PREPARED BY: r DATE PREPARED: N M O O. d K @ y a O N N E O U m C c C a N C E E U Q c d E s u @ a 35 Packet Pg. 834 7.B.h Mitigation Monitoring and Reporting Program General Plan Amendment No. 12-02 Development Permit 2 No. 12-02 Tentative Parcel Map No. 19369 - Page 8 IV. CULTURAL RESOURCES N O CUL-1: If previously undocumented cultural resources are identified during earthrnoving activities, a qualified archaeologist shall be retained to assess the nature and z6 significance of the find, diverting construction excavation if necessary. The c archaeologist shall have the authority to redirect ground-disturbing activities in E the vicinity of the find until the nature and extent of the find can be evaluated. Any such resource uncovered during the course of project-related grading shall be QE recorded and/or removed per applicable guidelines, in consultation and c cooperation with San Bernardino County Museum staff and appropriate Native a American tribal representatives. , `w c CUL-2: If paleontological resources are discovered during grading, a qualified paleontologist will be retained to evaluate the resource and then monitor the remaining ground-disturbing activities. The qualified paleontologist shall have the r° authority to redirect ground-disturbing activities in the vicinity of the find until the nature and extent of the find can be evaluated. Any such resource uncovered during the course of project-related grading shall be recorded and/or removed per N applicable guidelines, in consultation and cooperation with San Bernardino County Museum staff. Any recovery activity shall be consistent with applicable o City and/or State regulations. z tz IMPLEMENTATION AND VERIFICATION n c 0 Planning staff and/or City Inspectors shall verify implementation of the above mitigation N measures. E E 0 U M COMPLIANCE RECORD When Required:The verification shall be initiated during grading upon discovery of any a artifacts, and verified with a letter report after completion of grading. N c d E L WRITTEN VERIFICATION PREPARED BY: m a DATE PREPARED: E L U N Q 36 Packet Pg. 835 7.B.b Mitigation Monitoring and Reporting Program General Plan Amendment No, 12-02 Development Permit 2 No, 12-02 Tentative Parcel Map No. 19369 Page 9 V. GEOLOGY AND SOILS c N GEO-1: Prior to the issuance of building permits, the project proponent shall demonstrate o to the City that the siting, design and construction of all structures and facilities Z within the project limits are in accordance with the regulations established in the California Building Code, as well as the recommendations identified in a project- v specific geotechnical investigation based on actual foundation design, including e the potential for subsidence and liquefaction. a c m a IMPLEMENTATION AND VERIFICATION c v At submittal and approval of building permits,whichever is later,to be verified by Building Plan Check staff. m N COMPLIANCE RECORD �o N When Required:The verification shall be completed prior to issuance of building permits. 0 a v tY WRITTEN VERIFICATION PREPARED BY: c 0 DATE PREPARED: 0 E E 0 U m c C c m a N C d E s u m Q c u E U U m Q 37 Packet Pg. 836 7.B.b Mitigation Monitoring and Reporting program General Plan Amendment No. 12-02 Development Permit 2 No. 12-02 Tentative Parcel Map No. 19369 Page 10 VI. HAZARDS AND HAZARDOUS MATERIALS N O HAZ-1: Prior to demolition of the self-storage facility, a State-certified asbestos professional shall determine whether sampling of building materials for asbestos- z° containing materials (ACMs) should be performed. Any abatement or removal of ACMs must be performed in accordance with applicable federal, state, and local v regulations. E HAZ-2: Prior to demolition of the self-storage facility, a State-certified lead professional c shall survey the site structures and determine whether sampling for lead-based a paint (LBP) is warranted. Any abatement or removal of LBP must be performed in accordance with applicable federal, state,and local regulations. c d HAZ-3: Prior to demolition of the self-storage facility, a qualified professional shall survey the site structures and determine whether any suspect polychlorobiphenyl (PCB)-containing equipment(e.g., transformers, and fluorescent light ballasts) is r, present. PCB-containing equipment must be handled and disposed of in accordance with applicable federal, state,and local regulations. N M HAZ-4: A Health and Safety Plan shall be developed for demolition activities at the self- e storage facility. The Plan should include any soil and air monitoring required based on recommended sampling outlined above, and include procedures for handling previously unknown contamination encountered during these activities. N Prior to demolition, a qualified hazmat professional shall inspect all the individual o storage rooms to identify if any hazardous materials are present. Any hazardous .2 materials found shall be disposed of by a licensed contractor in approved methods E in an appropriate disposal facility. o U HAZ•5: During grading,the City shall be notified immediately in the event malodorous or discolored soils, liquids, containers, or other materials known or suspected to contain hazardous materials and/or contaminants are encountered during on-site a demolition/grading/construction. Earthmoving activities in the vicinity of said N material shall be halted until the extent and nature of the suspect material is c determined by qualified personnel,as determined by the City. The removal and/or E disposal of any such contaminants shall be in accordance with all applicable local, state,and federal standards. a HAZ-6: Prior to the issuance of a building permit, the project proponent shall provide evidence to the City through submittal and agreement of additional conditions of approval that the following uses shall be prohibited on site: a a. Any use that would direct a steady light or flashing light of red, while, green or amber colors associated with airport operations toward an aircraft engaged in an initial straight climb following takeoff or toward an aircraft engaged in a 38 PacketPg. 837 7.B.b Mitigation Monitoring and Reporting Program General Plan Amendment No. 12-02 Development Permit 2 No. 12-02 Tentative Parcel Map No. 19369 Page 11 straight final approach toward a landing at an airport, other than an FAA- approved navigational signal light or visual approach slope indicator, c b. Any use that would cause sunlight to be reflected toward an aircraft engaged in an initial straight climb following takeoff or toward an aircraft engaged in a Z straight final approach toward a landing at an airport. d c. Any use that would generate smoke or water vapor,or that would attract large E concentrations of birds, or that may otherwise affect safe air navigation within the area. E E c d. Any use that would generate electrical interference that maybe detrimental to !° airport operations and/or aircraft activities. a, d IMPLEMENTATION AND VERIFICATION m (All measures except HAZ-5)Prior to demolition of the self-storage facility,the developer shall submit documentation demonstrating completion of the required studies,and implementation as appropriate of any remediation recommended in the studies. N (HAZ-5)During grading, City shall be notified and any discovered materials remediated according to applicable standards. a m COMPLIANCE RECORD R rn When Required:The required studies shall be submitted prior to issuance of building pennits, `o and during grading for discovery of buried hazmat substances. 0 E E 0 WRITTEN VERIFICATION PREPARED BY: U m c c m DATE PREPARED: a N C N E U U A Q G d E 0 U N Q 39 PacketPg.838 Mitigation Monitoring and Reporting Program General Plan Amendment No, 12-02 Development Permit 2 No. 12-02 Tentative Parcel Map No. 19369 Page 12 VII. HYDROLOGY AND WATER QUALITY N HYD-I: Prior to first discretionary project approval or permit, the project applicant shall N file and obtain a Notice of Intent (NOI) with the Regional Water Quality Control o Board in order to be in compliance with the State NPDES General Construction Z Storm Water Permit for discharge of surface runoff associated with construction activities. Evidence that this has been obtained (i.e., a copy of the Waste v Discharger's Identification Number) shall be submitted to the City for coverage E under the NPDES General Construction Permit. c R HYD-2: Prior to the first discretionary project approval or permit, the project applicant a. shall submit to and receive from the ,City of San Bernardino a Storm Water v Pollution Prevention Plan (SWPPP). The SWPPP shall include a surface water control plan and erosion control plan citing specific measures to control on-site �? and off-site erosion during the entire grading and construction period. In addition, the SWPPP shall emphasize structural and nonstructural Best Management Practices (BMPs) to control sediment and non-visible discharges from the site. N The SWPPP will include inspection forms for routine monitoring of the site during construction phase to ensure NPDES compliance and additional BMPs and N erosion control measures will be documented in the SWPPP and utilized if r necessary. The SWPPP will be kept on site for the entire duration of project $ construction and will be available to the local RWQCB for inspection at any time. Some the BMPs to be implemented may include the following: , • Sediment discharges from the site may be controlled by the following: c sandbags, silt fences, straw wattles and temporary basins (if deemed 2 necessary), and other discharge control devices. The construction and E condition of the BMPs will be periodically inspected during construction o and repairs will be made when necessary as required by the SWPPP, u rn • Materials that have the potential to contribute to non-visible pollutants to stormwater must not be placed in drainage ways and must be contained, elevated, and placed in temporary storage containment areas. a • All loose piles of soil, silt, clay, sand, debris, and other earthen material shall be protected in a reasonable manner to eliminate any discharge from E the site. Stockpiles will be surrounded by silt fences and covered with v plastic tarps. a • In addition,the construction contractor shall be responsible for performing c and documenting the application of BMPs identified in the SWPPP. £ Weekly inspections shall be performed on sandbag barriers and other sediment control measures called for in the SWPPP. Monthly reports and a inspection logs shall be maintained by the Contractor and reviewed by the City of San Bernardino and the representatives of the State Water Resources Control Board. In the event that it is not feasible to implement 40 PacketPg. 839 7.B.b Mitigation Monitoring and Reporting Program General Plan Amendment No. 12-02 Development Permit 2 No. 12-02 Tentative Parcel Map No. 19369. Page 13 specific BMPs, the City of San Bernardino can make a determination that other BMPs will provide equivalent or superior treatment either On or off g site. HYD-3: Prior to first discretionary project approval or permits, the project applicant z° shall submit a Water Quality Management Plan (WQMP) to the City for review and approval. The WQMP shall include a project description and E specifically identify pollution prevention, source control, treatment control c measures, and other Best Management Practices (BMPs)that will be used on E site to control predictable pollutant runoff into the storm drain system and to < reduce impacts to water quality to the maximum extent practicable. The a WQMP shall identify the structural and non-structural measures consistent m with the City's adopted requirements. v c� IMPLEMENTATION AND VERIFICATION r_ At submittal and approval of final development plans and throughout construction/life of the N project, and by onsite inspections by City staff. N COMPLIANCE RECORD t: 0 a When Required:The verification shall be completed prior to construction,during grading activities, after storm events, and annually for the refresher course on education materials. The m site shall be inspected daily for litter, and trash containers shall be emptied weekly. N c 0 WRITTEN VERIFICATION PREPARED BY: E E 0 DATE PREPARED: u m c E c w a N C d E S U N Q C d E L U A a 41 Packet Pg. 840 7.B.b Mitigation Monitoring and Reporting Program - General Plan Amendment No. 12-02 Development Permit 2 No. 12-02 Tentative Parcel Map No. 19369 Page 14 IX. NOISE N O NOI-1: Prior to issuance of an occupancy permit, the project applicant shall guarantee N that no more than six (6) diesel trucks shall operate at the same time during the o daytime hours (7:00 a.m. to 10:00 p.m.) and no (0) trucks can operate during the Z nighttime hours (10:00 p.m. to 7:00 a.m.) on the south side of the building if no noise barrier is constructed along the southeastern portion of the project site. If the applicant installs an 8-foot-high solid noise barrier along the project's southern E boundary adjacent to the residential use, no more than five (5) trucks shall be a idling at the same time during the nighttime hours(10:00 p.m.to 7:00 a.m.)on the m south side of the building. If a sound wall is installed as outlined, no restrictions o are required for daytime operations. w c m The project operator shall post signage and send regular notices via U.S. Mail to property owners and tenants indicating telephone numbers of on-site staff and City staff to report noise or other problems with operations at the project site. Compliance with this measure shall be at the discretion of the City Planner but is N appealable to the City Manager and City Council. N fh IMPLEMENTATION AND VERIFICATION a v Prior to issuance of an occupancy permit for guarantee,then throughout the life of the project as needed based on onsite inspections by City staff. to c 0 COMPLIANCE RECORD E E When Required:The verification shall be completed throughout construction of the project. 0 m WRITTEN VERIFICATION PREPARED BY: c c a DATE PREPARED: c m E L U a a c d E L U R a 42 PacketPg. 841 7.ti.b Mitigation Monitoring and Reporting Program General Plan Amendment No. 12-02 Development Permit 2 No- 12.02 Tentative Parcel Map No. 19369 Page 15 X. TRANSPORTATION AND CIRCULATION N TRA-1: Prior to issuance of an occupancy permit, the project applicant shall pay a fair- N share contribution to the City for improvements to the Waterman Avenue/Drake o Drive intersection if warrants are met. The amount and timing of this measure z shall be implemented to the satisfaction of the City traffic engineer. The current d fair share calculation is 46.27% based on 134 total growth trips and 62 project E trips (AM Peak Hour). Additional traffic analysis may be required to document the appropriate fair-share amount and timing if the contribution is delayed beyond a issuance of an occupancy permit.In addition,Project Driveway 43 shall be signed for restricted Right-Turn In/Right-Turn Out only prior to occupancy to further a reduce intersection impacts. d c m (7 IMPLEMENTATION AND VERIFICATION r_ Prior to issuance of an occupancy permit,Planning staff shall verify implementation of the above N mitigation measure. N M COMPLIANCE RECORD r 0 When Required:The verification shall be completed as necessary prior to issuance of an occupancy permit. y WRITTEN VERIFICATION PREPARED BY: co y N E DATE PREPARED: o U m c E c m a N C d E U U Rf Q C d E L U a March 6,2012 43 PacketPg. 842 t 2 RESOLUTION NO. 3 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 4 OF SAN BERNARDINO ADOPTING THE MITIGATED NEGATIVE DECLARATION AND THE MITIGATION MONITORINGIREPORTING PROGRAM,ADOPTING GENERAL PLAN 5 AMENDMENT NO. 12-02 TO CHANGE THE SPLIT LAND USE DESIGNATION FROM 6 OFFICE INDUSTRIAL PARK (OIP) AND INDUSTRIAL LIGHT (IL) TO INDUSTRIAL 7 LIGHT(IL) ON APPROXIMATELY 14.52 ACRES, AND APPROVING TENTATIVE PARCEL 9 MAP NO. 19369 (SUBDIVISION NO. 12-01) TO MERGE 13 PARCELS INTO ONE, 14.52- N 8 ACRE PARCEL, AND DEVELOPMENT PERMIT' 2 NO. 12-02 TO CONSTRUCT A 345,802- o 9 SQUARE FOOT WAREHOUSE LOCATED ON THE EAST SIDE OF WATERMAN AVENUE, APPROXIMATELY 300 FEET SOUTH OF MILL STREET. E 10 p c E 1 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY c 12 OF SAN BERNARDINO AS FOLLOWS: a 13 SECTION 1. Recitals. d 14 WHEREAS, the Mayor and Common Council adopted the General Plan for the City by © 15 Resolution No. 2005-362 on November 1,2005;and 16 WHEREAS,the application for General Plan Amendment No. 12-02, Tentative Parcel Map No. 17 0 19369(Subdivision No. 12-01) and Development Permit 2 No. 12-02 was reviewed under the California .N 18 Environmental Quality Act (CEQA)through an Initial Study which found no significant adverse effects K 19 on the environment after incorporation of mitigation measures;and 20 C WHEREAS, the Mitigated Negative Declaration pursuant to the California Environmental 21 Quality Act has been reviewed by the Environmental Review Committee, the Planning Commission, 22 E and the Mayor and Common Council in compliance with the CEQA and local regulations; and 23 WHEREAS, the Planning Commission conducted a noticed public hearing on March 28, 2012, a 24 in order to receive public testimony and written and oral comments on General Plan Amendment No. 25 12-02, Tentative Parcel Map No. 19369 (Subdivision No. 12-01) and Development Permit 2 No. 12-02, 26 and fully reviewed and considered the Planning Division Staff Report and the recommendation of the 27 Environmental Review Committee;and 28 1 C1 WHEREAS, the Mayor and Common Council held a noticed public hearing on April 16, 2012, 2 and fully reviewed and considered proposed General Plan Amendment No. 12-02, Tentative Parcel Map 3 No. 19369 (Subdivision No. 12-01) and Development Permit 2 No. 12-02, and the Planning 4 Commission and Environmental Review Committee recommendations and the Planning Division Staff 5 Report. 6 SECTION 2. Mitigated Negative Declaration. 7 NOW, THEREFORE, BE IT RESOLVED, FOUND AND DETERMINED by the Mayor and q N 8 Common Council that: 6 C 2 9 A. The facts contained in the Recitals section are true and correct. c a E 10 B. The proposed amendment to the General Plan of the City of San Bernardino will not have a d 11 significant adverse effect on the environment with incorporation of the proposed mitigation measures, E c 12 and the Mitigated Negative Declaration heretofore recommended by the Environmental Review i 13 Committee and the Planning Commission as to the effect of this proposed amendment is hereby ratified, c 14 affirmed and adopted. 0 15 C. Mitigation measures identified in the Mitigated Negative Declaration have been compiled in rO- 16 a Mitigation Monitoring and Reporting Program (MM/RP) for the project. The Mayor and Common F c F7 Council hereby adopts the MM/RP, attached to the Mayor and Common Council staff report dated April m 18 16,2012 as Attachment 4, and incorporated herein by reference. rc rn 19 SECTION 3. General Plan Amendment No. 12-02. 0 20 BE IT FURTHER RESOLVED by the Mayor and Common Council that: m rc 21 A. General Plan Amendment No. 12-02 is hereby approved based upon the Findings of Facts c d 22 contained in the Staff Report to the Planning Commission dated March 28,2012. m 23 B. The Land Use Map of the General Plan is hereby amended pursuant to General Plan 24 Amendment No. 12-02, to change the split land use designation from Office Industrial Park (OIP) and 25 Industrial Light (IL) to Industrial Light (IL) in the area outlined in Exhibit A, a copy of which is 26 attached and incorporated herein for reference. 27 C. General Plan Amendment No. 12-02 shall become effective upon the adoption of this 28 resolution. 2 I SECTION 4. Tentative Parcel Man No. 19369(Subdivision No. 12-01). 2 Tentative Parcel Map No. 19369 (Subdivision No. 12-01) is hereby approved based upon the 3 Findings of Fact and subject to the Conditions of Approval contained in the Staff Report to the Planning 4 Commission dated March 28,2012. 5 SECTION 5. Development Permit 2 No. 12-02. 6 Development Permit 2 No. 12-02 is hereby approved based upon the Findings of Fact and 7 subject to the Conditions of Approval contained in the Staff Report to the Planning Commission dated i r 8 March 28,2012. - 0 z 9 SECTION 6. Map Notation. E 10 This Resolution and General Plan Amendment No. 12-02 shall be noted on such appropriate 11 General Plan maps previously adopted and approved by the Mayor and Common Council and which are E 12 on file in the office of the City Clerk. a 13 SECTION 7. Notice of Determination. d c 14 The Planning Division is hereby directed to file a Notice of Determination with the County Clerk �? © 15 of the County of San Bernardino certifying the City's compliance with California Environmental 16 Quality Act in preparing the Initial Study/Mitigated Negative Declaration. c 17 ' 2 a 18 19 � 20 /// °m m K 21 c 22 E t u m 23 24 25 26 27 28 O 3 C t A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING THE MITIGATED NEGATIVE DECLARATION AND THE MITIGATION 2 MONITORING/REPORTING PROGRAM, ADOPTING GENERAL PLAN AMENDMENT NO. 12-02 TO 3 CHANGE THE SPLIT LAND USE DESIGNATION FROM OFFICE INDUSTRIAL PARK (OIP) AND INDUSTRIAL LIGHT (IL) TO INDUSTRIAL LIGHT (IL) ON APPROXIMATELY 14.52 ACRES, AND 4 APPROVING TENTATIVE PARCEL MAP NO. 19369 (SUBDIVISION NO. 12-01) TO MERGE 13 PARCELS INTO ONE, 14.52-ACRE PARCEL, AND DEVELOPMENT PERMIT 2 NO. 12-02 TO CONSTRUCT A 345,802- 5 SQUARE FOOT WAREHOUSE LOCATED ON THE EAST SIDE OF WATERMAN AVENUE, 6 APPROXIMATELY 300 FEET SOUTH OF MILL STREET. r o I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and s Common Council of the City of San Bernardino at a meeting thereof,held on the o 9 day of 2012,by the following vote,to wit: d 10 Council Members: AYES NAYS ABSTAIN ABSENT v C d 1 t MARQUEZ E t2 JENKINS 13 VALDIVIA ° 14 SHORETT 15 KELLEY 16 JOHNSON 17 MC CAMMACK N 18 m 19 Georgeann Hanna,City Clerk 20 w m zl The foregoing resolution is hereby approved this day of , 2012. c v 22 E s U N 23 Patrick J. Morris,Mayor a City of San Bernardino za Approved as to form: 25 26 James F. Penman, City Attorney 27 28 B 4 7.B.d EXHIBIT A CITY OF SAN BERNARDINO PLANNING DIVISION PROJECT: GPA12-02, DP2 12-02, & TPM 19369 (SUB 12-01) NORTH HEARING DATE: 03/2812012 N O MARTIN CH IL 6 BERRY w E N J c w CH ,= 1 o CO a MILL ST �.lIL ?} W R.}Vr z _ O uj I Project Site v ui f- 0 _T DRAKE > s Z w f /. N IL } W J J N Q o IL > LL L7- PacketPg. 847 7.B.e ATTACHMENT 4 COTT BEVERAGE INDUSTRIAL PROJECT c GENERAL PLAN AMENDMENT NO.12-02 N DEVELOPMENT PERMIT 2 NO. 12-02 0 TENTATIVE PARCEL MAP NO.19369 z SUBDIVISION NO.12-01 MITIGATION MONITORING REPORTING PROGRAM E c d E This Mitigation Monitoring and Reporting Program was prepared to implement the mitigation c measures outlined in the Draft and Final Initial Study (herein Final Initial Study) for General a Plan Amendment No. 12-02,Development Permit 2 No. 12-02,'1'entative Parcel Map No.19369, R Subdivision No. 12-01. This program has been prepared in compliance with the California Environmental Quality Act (CEQA), and the State and City of San Bernardino CEQA Ouidelines, m m CEQA Section 21081.6 requires adoption of a monitoring and/or reporting program for those measures or conditions imposed on a project to mitigate or avoid adverse effects on the environment.The law states that the monitoring or reporting program shall be designed to ensure 5 compliance during project implementation. E m The Mitigation Monitoring and Reporting Program contains the following elements: o a` 1. The mitigation measures are recorded with the action and procedure necessary to c ensure compliance. The program lists the mitigation measures contained within r the Initial Study. a d 2. A procedure for compliance and verification has been outlined for each rn mandatory mitigation action, This procedure designates who will take action, S what action will be taken and when, and to whom and when compliance will be ° reported. a 0 3. The program contains a separate Mitigation Monitoring and Compliance Record o for each action. On each of these record sheets, the pertinent actions and dates will be logged, and copies of permits, correspondence or other data relevant will be retained by the City of San Bernardino. 4. The program is designed to be flexible. As monitoring progresses, changes to v compliance procedures may be necessary based upon recommendations by those responsible for the program. If changes are made, new monitoring compliance E procedures and records will be developed and incorporated into the program. a The individual mitigation measures and accompanying monitoring/reporting actions Follow. They are presented in the same order as in the Final Initial Study. E E U March 6,2012 Q 99 PacketPg. 848 Mitigation Monitoring and Reporting Program General Plan Amendment No. 12.02 Development Permit 2 No. 12-02 Tentative Parcel Map No. 19369 Page 2 L AIR QUALITY o N AIR-1: The project shall comply with the requirements of SCAQMD Rules 402 and 403, 6 Fugitive Dust,which require the implementation of Reasonable Available Control Measures (RACM) for all fugitive dust sources, and the AQMP, which identifies as Best Available Control Measures (BACM) and Best Available Control E Technologies (BACT) for area sources and point sources, respectively. This would include but would not be limited to the following actions: 1. The project proponent shall ensure that construction equipment is properly R maintained and serviced to minimize exhaust emissions. a. 2. The project proponent shall ensure that existing power sources are utilized d where feasible via temporary power lines to avoid on-site power generation. 3. The project proponent shall ensure that construction employees be informed of ride-sharing and transit opportunities. n 4. The project proponent shall ensure that any portion of the site to be graded shall be prewateled to a depth of three feet prior to the onset of grading activities. LL 5. The project proponent shall ensure that twice daily watering of the site or m other soil stabilization methods shall be employed on an ongoing basis after c the initiation of any on-site grading activity. Portions of the site that are a` actively being graded shall be watered regularly to ensure that a crust is formed on the ground surface, and shall be watered at the end of each F workday. n a, 6. The project proponent shall ensure that all disturbed areas are treated to 0 prevent erosion until the site is constructed. 5 7. To reduce the potential for wind erosion, the project proponent shall ensure c that landscaped areas are installed as soon as possible. o 2 8. The project proponent shall ensure that SCAQMD Rule 403 is adhered to, c ensuring the cleanup of construction-related dirt on approach routes to the project site. 9. The project proponent shall ensure that all grading activities are suspended during first and second stage ozone episodes or when wind speeds exceed 25 v miles per hour. E 10. Cover all trucks hauling dirt, sand, soil, or other loose materials, or maintain at least 0.6 in(2 feet) of freeboard (vertical space between the top of the load and top of the trailer) in accordance with the requirements of California Vehicle Code(CVC) Section 23114. d 11.Limit all on-site traffic speeds to 15 mph or less. m a 50 packetPg.$49 Mitigation Monitoring and Reporting Program General Plan Amendment No. 12.02 Development Permit 2 No. 12-02 Tentative Parcel Map No. 19369 Pago 3 IMPLEMENTATION AND VERIFICATION c N Planning staff and/or City Inspectors shall verify implementation of the above mitigation c measures. z c a E a COMPLIANCE RECORD d E When Required:The verification shall be completed as necessary during grading and construction. —° a m d c WRITTEN VERIFICATION PREPARED BY: m m n DATE PREPARED: _ c LL_ E m 0 0 IL` m c 0 O a al K m C O C O C O � R fn O C E E L U ai Q L d E z u Q 51 Packet:Pgr850 Mitigation Monitoring and Reporting Program General Plan Amendment No. 1102 Development Permit 2 No. 12-02 Tentative Paroel Map No. 19369 Page 4 II. GREENHOUSE GAS EMISSIONSIGLOBAL CLIMATE CHANGE (GCC) c N GCC-1: To the extent practical and to the satisfaction of the City, the following shall be z6 incorporated into the design and construction of the project: a, E Construction and Building Materials d • Use locally produced and/or manufactured building materials for at least 10 E percent of the construction materials used for the project. m • Use "Green Building Materials," such as those materials that are resource a efficient, and recycled and manufactured in an environmentally friendly way, m for at least 10 percent of the project. d • Limit unnecessary idling of construction equipment.A reduction in equipment �? idling would reduce fuel consumption,and therefore,GHG emissions. n • Maximize the use of electricity from the power grid by replacing diesel- or -- gasoline-powered equipment. This would reduce GHG emissions because electricity can be produced more efficiently at centralized power plants. 5 LL_ Energy Efficiency E m Design the project building to exceed the California Building Code's (CBC)Title o 24 energy standard, including, but not limited to, any combination of the a following: m • Increase insulation such that heat transfer and thermal bridging is minimized, c a • Limit air leakage through the structure or within the heating and cooling it distribution system to minimize energy consumption. • Incorporate ENERGY STAR or better rated windows, space heating and 8 cooling equipment, light fixtures, appliances, or other applicable electrical o equipment, c • Provide a landscape and development plan for the project that takes advantage 0 of shade,prevailing winds,and landscaping. rn • Install efficient lighting and lighting control systems. Use daylight as an g integral part of the lighting systems in buildings. c • Install light-colored "cool" roofs in conditioned areas and cool pavements where practical, m • Install energy-efficient heating and cooling systems, appliances and equipment,and control systems. c • Install solar or light-emitting diodes LEDs or equivalent for E g g (LEDs) q outdoor t lighting. 52 PacketPg:651 Mitigation Monitoring and Reporting Program General Plan Amendment No. 12.02 Development Permit 2 No. 12-02 Tentative Par=]Map No. 19369 Page 5 • The project shall use less than 3,900 Global Warming Potential (GWP) o hydrofluorocarbon (HCF) refrigerants or natural refrigerants (ammonia, propane, carbon dioxide [CO2]) for refrigeration and fire suppression z° equipment. c Water Conservation and Efficiency E v The project shall have a comprehensive water conservation strategy appropriate E for the project and its location.The strategy may include the following,plus other Q innovative measures that may be appropriate: • hlstall drought-tolerant plants for landscaping. a m • Use reclaimed water for landscape irrigation within the project if available. Install the infrastructure to deliver and use reclaimed water when available. j • Install water-efficient irrigations systems, such as weather-based and soil- moisture-based irrigation controllers and sensors for landscaping according to the California Department of Water Resources Model Efficient Landscape Ordinance. m c Solid Waste E • Provide employee education readily available from the City and/or County o about reducing waste and available recycling services. o a. rn c IMPLEMENTATION AND VERIFICATION c 0 v Planning staff shall verify implementation of the above mitigation measures. rn So COMPLIANCE RECORD `o 2 When Required: The verification shall be completed prior to issuance of building permits, o m rn WRITTEN VERIFICATION PREPARED BY: a c m DATE PREPARED: E s U ai Q c E E L u m Q 53 Packet Pg, 852 Mitigation Monitoring and Reporting Program General Plan Amendment No. r2-02 Development Permit 2 No. 12.02 Tentative Parcel Map No. 19369 Page 6 I1I. BIOLOGICAL RESOURCES N BIO-1: A pre-construction burrowing owl survey shall be conducted within 10 days prior z° to beginning of site grading in the event that burrowing owls occupy the site in the future. Surveys and relocation, if applicable, shall be conducted between E September 1 and January 31. It is anticipated that the survey protocols will, at a v minimum, reflect the standards of the CDFG Staff Report on Burrowing Owl E Mitigation(1995,as summarized below). Q Owls must be relocated by a qualified biologist from any occupied burrows that @ will be affected by project activities into suitable habitat. Suitable habitat is a undeveloped land that can meet the burrowing owl's life cycle requirements (for both foraging and breeding)and is not intended for development. Suitable habitat must be adjacent or near the disturbance site or artificial burrows will need to be ca provided nearby. Once the biologist has confirmed that the owls have left the burrow, burrows should be excavated using hand tools and refilled to prevent reoccupation. Owls shall be excluded from burrows using passive relocation techniques within "e the approved limits of disturbance and an appropriate buffer zone. This will be conducted by a qualified biologist by installing one-way doors in burrow m entrances.The qualified biologist will also determine whether creation of artificial o burrows is necessary as part of the relocation effort. 0 Q. A Burrowing Owl Relocation Plan (Relocation Plan) prepared by a qualified c biologist shall be submitted to the CDFG for review and approval prior to e relocation of owls. The Relocation Plan shall describe proposed relocation and d monitoring plans and shall include the number and location(s) of occupied burrow a: sites and details on adjacent or nearby suitable habitat available to owls for c relocation. If no suitable habitat is available nearby for relocation, details o regarding the creation of artificial burrows (numbers, locations, and type of o burrows) shall be included in the plan. The Relocation Plan shall also describe proposed mitigation to compensate for impacts to burrowing owls/occupied `o burrows at the project site. A rn BIO-2: If project activities are planned during the avian nesting season (approximately February I through August 31),nesting bird surveys shall be conducted within ten days prior to disturbance to ensure birds protected under the MBTA are not ° disturbed by construction-related activities such as noise and increased human m presence. Any active nests detected in the area shall be flagged and an appropriate t buffer around the nest location will be established, as determined by the CDFG. m The buffer area is to be avoided until the nesting cycle is complete or it is determined by the biologist that the nest has failed. a E r U 10 Q 54 Packet fg. 353: " Mitigation Monitoring and Reporting Program General Plan Amendment No. 12-02 Development Permit 2 No. 12-02 Tentative Parcel Map No. 19369 Page 7 N O N O IMPLEMENTATION AND VERIFICATION Z c y Planning staff and/or City Inspectors shall verify implementation of the above mitigation E c meaeutr . E E c M COMPLIANCE RECORD a m When Required:The verification shall be completed prior to issuance of a grading permit. d c m c9 m WRITTEN VERIFICATION PREPARED BY: i DATE PREPARED: S E m 0 0 a` rn c C 0 a m M c `o c 0 c 0 �m m v c E E L U A Q L a1 E L U m Q 55 Pcke#Pg. 654 Mitigation Monitoring and Reporting Program General Plan Amendment No, 12.02 Development Permit 2 No. 12-02 Tentative Parcel Map No. 19369 Page Iv. CULTURAL RESOURCES o N 6 Z CUL-1: If previously undocumented cultural resources are identified during eatthmoving activities, a qualified archaeologist shall be retained to assess the nature and E significance of the find, diverting construction excavation if necessary, The c archaeologist shall have the authority to redirect ground-disturbing activities in d the vicinity of the find until the nature slid extent of the find can be, evaluated. Any such resource uncovered during the course of project-related grading shall be m recorded and/or removed per applicable guidelines, in consultation and a cooperation with San Bernardino County Museum staff and after prompt notification to the appropriate Native American tribal representatives, including, m but not limited to the Soboba Band of Luiseno Indians. m All construction personnel shall be trained regarding the recognition of possible buried cultural remains and the protection of all cultural resources, including prehistoric and historic resources during construction, prior to initiation of construction or ground-disturbing activities. The San Mantel Band or other tribal representatives shall be afforded the opportunity to present a Worker Awareness E Program for cultural resources for all construction personnel. Training shall inform all construction personnel of the procedures to be followed regarding the o discovery of archeological materials, including Native American burials, a immediately prior to commencement of any ground disturbance work on the c project. o. Any tribe requesting notification of discovery of a previously undocumented cultural resource shall be notified and given the opportunity to inspect the cultural c resource and consult with the City and project developer in the appropriate `o treatment,disposition,and evaluation of the significance of the cultural resource. o 2 If the discovery of previously unidentified archaeological or historic sites a indicates the likelihood that additional unknown archaeological sites may be % discovered as the project progresses, and a qualified archaeologist so agrees, the m City shall afford serious consideration to any tribal request for the utilization of E Native American monitors, v c E E CUL-2: If paleontological resources are discovered during grading, a qualified m paleontologist will be retained to evaluate the resource and then monitor the remaining ground-disturbing activities.The qualified paleontologist shall have the a authority to redirect ground-disturbing activities in the vicinity of the find until v the nature and extent of the find can be evaluated. Any such resource uncovered E during the course of project-related grading shall be recorded and/or removed per c, applicable guidelines, in consultation and cooperation with San Bernardino 56 Packet Pg.855 Mitigation Monitoring and Reporting Program General Plan Amendment No. 12.02 Development Permit 2 No. 12.02 Tentative Parcel Map No. 19369 Page 9 County Museum staff. Any recovery activity shall be consistent with applicable o City and/or State regulations. The project proponent shall comply with law regarding any discovery of human remains, including, but not limited to, d compliance with California Public Resources Code Section $097.98 and Z California Health and Safety Code Section 7050.5. `m E v c E E IMPLEMENTATION AND VERIFICATION a c m Planning staff and/or City Inspectors shall verify implementation of the above mitigation a m measures. d c v C7 COMPLIANCE RECORD m n When Required:The verification shall be initiated during grading upon discovery of any artifacts,and verified with a letter report after completion of grading. c .S E WRITTEN VERIFICATION PREPARED BY: m 0 a` m DATE PREPARED: c 0 0 a m tr m c 0 'c 0 c 0 m e c m E r u m Q c y E L u m Q 57 i Pckei,P.9r=956':1 Mitigation Monitoring and Reporting Program General Plan Amendment No. 12-02 Development Permit 2 No. 12.02 - Tentative Parcel Map No. 19369 Page to N O V. GEOLOGY AND SOILS 0 GEO-I: Prior to the issuance of building permits,the project proponent shall demonstrate Z to the City that the siting, design and construction of all structures and facilities within the project limits are in accordance with the regulations established in the E California Building Code, as well as the recommendations identified in a project- d specific geotechnical investigation based on actual foundation design, including the potential for subsidence and liquefaction. UL 6 IMPLEMENTATION AND VERIFICATION c d At submittal and approval of building permits,whichever is later,to be verified by Building plan Check staff. COMPLIANCE RECORD LL When Required:The verification shall be completed prior to issuance of building permits. E m 0 a` WRITTEN VERIFICATION PREPARED BY: c 0 0 a d DATEPREPARED: rn c 0 c 0 c 0 rn a c v E r U A Q C d E L U RI Q 58 Packet Pg:857• ' Y.B.e r Mitigation Monitoring and Reporting Program General Plan Amendment No. 12.02 oevelopment Permit 2 No. 12.02 Tentative Parml Map No. 19369 Page I1 VI, HAZARDS AND HAZARDOUS MATERIALS o N HAZ-1: Prior to demolition of the self-storage facility, a State-certified asbestos ze professional shall determine whether sampling of building materials for asbestos- containing materials (ACMs)should be performed. Any abatement or removal of E ACMs must be performed in accordance with applicable federal, state, and local regulations. E a HAZ­2: Prior to demolition of the self-storage facility, a State-certified lead professional shall survey the site structures and determine whether sampling for lead-based ° paint (LBP) is warranted. Any abatement or removal of LBP must be performed d in accordance with applicable federal,state,and local regulations. HAZ-3: Prior to demolition of the self-storage facility, a qualified professional shall survey the site structures and determine whether any suspect polychlorobiphenyl (PCB)-containing equipment (e.g., transformers, and fluorescent light ballasts) is present. PCB-containing equipment must be handled and disposed of in accordance with applicable federal,state,and local regulations. E HAZ-4: A Health and Safety Plan shall be developed for demolition activities at the self- a storage facility. The Plan should include any soil and air monitoring required ° based on recommended sampling outlined above, and include procedures for handling previously unknown contamination encountered during these activities, i Prior to demolition,a qualified hazmat professional shall inspect all the individual °o storage rooms to identify if any hazardous materials are present. Any hazardous materials found shall be disposed of by a licensed contractor in approved methods m in an appropriate disposal facility. `o HAZ-5: During grading,the City shall be notified immediately in the event malodorous or discolored soils, liquids, containers, or other materials known or suspected to e contain hazardous materials and/or contaminants are encountered during on-site demolition/grading/constructiorr. Earthmoving activities in the vicinity of said rn material shall be halted until the extent and nature of the suspect material is determined by qualified personnel,as determined by the City.The removal and/or disposal of any such contaminants shall be in accordance with all applicable local, state, and federal standards. a E s HAZ-6: Prior to the issuance of a building permit, the project proponent shall provide z evidence to the City through submittal and agreement of additional conditions of a approval that the following uses shall be prohibited on site: c a a. Any use that would direct a steady light or flashing light of red, white,green Ee or amber colors associated with airport operations toward an aircraft engaged in an initial straight climb following takeoff or toward an aircraft engaged in a a 59 - Packet,Pg.858 +. Mitigation Monitoring and Reporling Program General Plan Amendment No. 12-02 Development Permit 2 No. 12.02 Tentative Palnei Map No. 19369 Page 12 straight final approach toward a landing at an airport, other than an FAA- C? approved navigational signal light or visual approach slope indicator. b. Any use that would cause sunlight to be reflected toward an aircraft engaged z6 in an initial straight climb following takeoff or toward an aircraft engaged in a straight final approach toward a landing at an airport. E c. Any use that would generate smoke or water vapor,or that would attract large d concentrations of birds,or that may otherwise affect safe air navigation within E a the area. RI d. Any use that would generate electrical interference that may be detrimental to a airport operations and/or aircraft activities. c m IMPLEMENTATION AND VERIFICATION a (All measures except HAZ-5)Prior to demolition of the self-storage facility,the developer shall submit documentation demonstrating completion of the required studies,and implementation as appropriate of any remediation recommended in the studies. E LL (HAZ-5)During grading, City shall be notified and any discovered materials remediated E according to applicable standards, o a` COMPLIANCE RECORD rn c Y When Required: The required studies shall be submitted prior to issuance of building permits, n and during grading for discovery of buried hazmat substances. 0 m c `o WRITTEN VERIFICATION PREPARED BY: c 0 c 0 DATE PREPARED: 2 m 2 e c d E 0 u m Q c w E t u m 60 Packet Qg,859 Mitigation Monitoring and Reporting Program General Platt Amendment No, 12:02 Development Permit 2 No. 12-02 Tentative Parcel Map No. 19369 Page 13 VIL HYDROLOGY AND WATER QUALITY o N HYD-1: Prior to first discretionary project approval or permit, the project applicant shall z6 file and obtain a Notice of Intent(NOI)with the Regional Water Quality Control Board in order to be in compliance with the State NPDES General Construction `w Storm Water Permit for discharge of surface runoff associated with construction c activities. Evidence that this has been obtained (i.e., a copy of the Waste E Discharger's Identification Number) shall be submitted to the City for coverage under the NPDES General Construction Permit. m a HYD-2: Prior to the first discretionary project approval or permit, the project applicant shall submit to and receive from the City of San Bernardino a Storm Water Pollution Prevention Plan (SWPPP). The SWPPP shall include a surface water control plan and erosion control plan citing specific measures to control on-site and off-site erosion during the entire grading and construction period. In addition, the SWPPP shall emphasize structural and nonstructural Best Management Practices (BMPs) to control sediment and non-visible discharges from the site The SWPPP will include inspection forms for routine monitoring of the site LL during construction phase to ensure NPDES compliance and.additional BMPs and E erosion control measures will be documented in the SWPPP and utilized if necessary. The SWPPP will be kept on site for the entire duration of project o construction and will be available to the local RWQCB for inspection at any time. a Some the BMPs to be implemented may include the following: • Sediment discharges fi-om the site may be controlled by the following: o sandbags, silt fences, straw wattles and temporary basins (if deemed necessary), and other discharge control devices. The construction and m condition of the BMPs will be periodically inspected during construction o and repairs will be made when necessary as required by the SWPPP, G • Materials that have the potential to contribute to non-visible pollutants to a stormwater must not be placed in drainage ways and must be contained, o ; elevated,and placed in temporary storage containment areas. rn • All loose piles of soil, silt, clay, sand, debris, and other earthen material shall be protected in a reasonable manner to eliminate any discharge from the site. Stockpiles will be surrounded by silt fences and covered with plastic tarps. d E • In addition,the construction contractor shall be responsible for performing and documenting the application of BMPs identified in the SWPPP, a Weekly inspections shall be performed on sandbag barriers and other sediment control measures called for in the SWPPP. Monthly reports and w inspection logs shall be maintained by the Contractor and reviewed by the E City of San Bernardino and the representatives of the State Water m Resources Control Board. In the event that it is not feasible to implement a 61 Packet Pg. 860 7.B:e Mitigation Monitoring and Reporting Program General Plan Amendment No. 12-02 Development Permit 2 No. 12.02 Tentative Pmoel Map No. 19369 Page 14 specific BMPs, the City of San Bernardino can make a determination that o other BMPs will provide equivalent or superior treatment either on or off site, d z IIYD•3: Prior to first discretionary project approval or permits, the project applicant shall submit a Water Quality Management Plan (WQMP) to the City for E review and approval. The WQMP shall include a project description and specifically identify pollution prevention, source control, treatment control measures, and other Best Management Practices(BMPs) that will be used on a site to control predictable pollutant runoff into the storm drain system and to m reduce impacts to water quality to the maximum extent practicable. The a. WQMP shall identify the structural and non-structural measures consistent d with the City's adopted requirements. m ce IMPLEMENTATION AND VERIFICATION n At submittal and approval of final development plans and throughout construction/life of the project,and by onsite inspections by City staff. LL COMPLIANCE RECORD E m When Required: The verification shall be completed prior to construction,during grading a activities,after storm events,and annually for the refresher course on education materials. The site shall be inspected daily for litter,and Lush containers shall be emptied weekly. r 0 a WRITTEN VERIFICATION PREPARED BY: m c `o DATE PREPARED: c 0 2 C 0 m m v c E ' E L u m c v E L u m Q 62 PacketPg,861 Mitigation Monitoring and Repm6ng Program General Plan Amendment No. 12-02 Development Permit 2 No, 12.02 Tentative Parcel Map No. 19369 Page 15 IX. NOISE o N NOI-1; Prior to issuance of an occupancy permit, the project applicant shall guarantee z6 that no more than six (6) diesel bucks shall operate at the same time during the daytime hours (7:00 a.m, to 10:00 p.m.) and no(0) trucks can operate during the d nighttime hours (10:00 p.m. to 7:00 a.m.) on the south side of the building if no E noise barrier is constructed along the southeastern portion of the project site.If the applicant installs an 8-foot-high solid noise barrier along the project's southern E E boundary adjacent to the residential use, no more than five (5) trucks shall be `a idling at the same time during the nighttime hours(10:00 p.m.to 7:00 a.m.) on the a south side of the building. If a sound wall is installed as outlined, no restrictions m are required for daytime operations. d ce The project operator shall post signage and send regular notices via U.S. Mail to a property owners and tenants indicating telephone numbers of on-site staff and City staff to report noise or other problems with operations at the project site. Compliance with this measure shall be at the discretion of the City Planner but is A appealable to the City Manager and City Council. LL_ E m IMPLEMENTATION AND VERIFICATION c IL` Prior to issuance of an occupancy permit for guarantee,then throughout the life of the project as needed based on onsite inspections by City staff c a m COMPLIANCE RECORD W m c When Required: The verification shall be completed throughout construction of the project, `o c WRITTEN VERIFICATION PREPARED BY; c 2 m DATE PREPARED: 0 v c m E r u m c v E r u A Q 63 Packet Pb.862 Mitigation Monitoring and Reporting Program General Plan Amendment No. 1202 Development Permit 2 No. 12.02 Tentative Parcel Map No. 19369 Page 16 X. TRANSPORTATION AND CIRCULATION o N TRA-1: Prior to issuance of an occupancy permit, the project applicant shall pay a fair- z6 share contribution to the City for improvements to the Waterman Avenue/Drake Drive intersection if warrants are met. The amount and timing of this measure shall be implemented to the satisfaction of the City traffic engineer. The current v fair share calculation is 46.27% based on 134 total growth trips and 62 project E trips (AM Peak Hour). Additional traffic analysis may be required to document Q the appropriate fair-share amount and timing if the contribution is delayed beyond A issuance of an occupancy permit.In addition,Project Driveway#3 shall be signed a for restricted Right-Turn In/Right-Turn Out only prior to occupancy to further R reduce intersection impacts. c a, m IMPLEMENTATION AND VERIFICATION Prior to issuance of an occupancy permit,Planning staff shall verify implementation of the above mitigation measure. S COMPLIANCE RECORD 0 o When Required:The verification shall be completed as necessary prior to issuance of an a occupancy permit. c WRITTEN VERIFICATION PREPARED BYt o a ar m c DATE PREPARED: o C 0 c 0 .q rn c v E t U N Q C d E March 6,2012 Q 64 Packet Pg.663 ATTACHM ze.f , Johacmc char MmHemky.rke-Chou X.M.111hill farrce CITY OF SAN BERNARDINO And tM&Ivp01 COMMUNITYDEVELOPMENT DEPARTMENT An,erms w� dames Bhle 300 North "D"Street,San Bernardino, California 92418 Oe C X.W, Daa F✓ Phone:(909)384-505715071 • Far::(909) 384-5080 Bah Brown.Alt , N O PLANNING COMMISSION MINUTES *DRAFT o REGULAR MEETING MARCH 26,2012 ' E E c GENERAL PLAN AMENDMENT NO. 11-04 TENTAT"V PARCEL MAP No. 19330 E (SUBDIVISION No. 11-02) &DEVELOPMENT PERMIT 2 N0.11:1-04 a c m DEVELOPMENT AGREEMENT NO. 12-01 d GENERAL PLAN AMENDMENT-NQ. 12-02, TENTATIVE PARCEL MAP NO. 19369 (SUBDIVISION NO.12-01),&DEVELOPMENT PERMIT 2 NO. 12-02 CONDITIONAL USE PERMIT NO. f2-03 "m DEVELOPMENT CODE AMENDMENT NO. f2-02 c U - a N W N O R N C d E s U N a c E E z U N Q 0312812012 65 7.B.f Chair Coute called the meeting to order at 6:00 p.m. Vice-Chair Heasley led the flag salute. Present: Commissioners Conte, Durr, Heasley, Jimenez, Lopez, Machen, Mulvihill and Rawls. Excused: Absent: Brown. Staff present: M. Margo Wheeler, Community Development Director; Henry Empeho, Jr., Senior Deputy City Attorney; Tony Stewart, City Planner; Aron Liang; c Senior Planner and Daren Maynard,Planning Aide. N 0 ADMINISTRATION OF OATH Z c v Aron Liang administered the oath, v c CONSENT AGENDA: E a M. Margo Wheeler, Community Development Director, recommended the meeting minutes 2 of February 22,2012 for approval. a Chair Coute made a motion to approve the meeting minutes of February 22,km ca The motion carried by the following vote Ayes: Conte, Durr, Heasley,Jimenez,Lopez, Machen 0 and Mulvihill.Nays:None. Abstain: Ravy]g.Al:iitat: Brown. N PUBLIC COMMENTS ITEMS NOT 0,1AGE"A No comments. m C PUBLIC HEARINGS m L) a 4 ` GENERAL }1 AN i1 MENDMEY4VNO. 12-02, TENTATIVE PARCEL MAP N O. 19369 (Sl1BDIVIpS'ION NO 12-01), & DEVELOPMENT PERMIT 2 NO. N N 1212^02—A request to amend the land use district of 14.52 acres from a split Industrial o Light (IL) and Office-Industrial Park (OIP) land use district to Industrial Light (IL), and merge 14 parcelsinto one parcel, and construct a 345,802-square foot warehouse 6 building;located on,the east side of Waterman Avenue, approximately 300 feet south of Mill Street; w E Environmental Determination: Mitigated Negative Declaration v Owners: YSI XXXXVII LLC, Buckthorn Trust, Che Leng a Tang, Che Phey Tang&Westbay Holdings LLC Applicant: Hillwood Investments d APN: 0136-393-01 &08,280-011-05,24,26,28,30,32, 38,39,40,41, 42 Ward: 1 a Tony Stewart,City Planner, gave a brief description of the project. 03/28/2012 66 PacketPg. 865 7.B.f John Schaefer,268 W. Hospitality Lane,Suite 105,Hillwood Investment Properties, Project Applicant,introduced himself to the Planning Commission and explained the importance of the project. Commissioner Rawls asked the applicant if Cott Beverage would be relocating the existing facility. N O John Schaefer explained that the new space would allow the business to expand. 6 Z Joe Bundura,673 S.Waterman Avenue,introduced himselfto the Planning Commission c as a nearby property owner and expressed his support of the proposed project. E a c Commissioner Heasley stated that he appreciated the improvements proposed and the E increased positive appearance it will bring to the area, a a Commissioner Mulvihill made a motion to recommend approval of General Plan Amendment No. 12-02, Tentative Parcel Map No. 19369 (Subdivision 1-9,A2-01) and Development Permit 2 c No. 12-02, and the Mitigated Negative Declaration aiti9' Mitigation Monitoring/Reporting 0 Program prepared for the project, as amended with the sUpplemental information provided by m staff, and based upon the Findings of Fact contained ttC�:`t#IIYY, staff report and subject to the Conditions of Approval to the Mayor and Common Council. N m Vice-Chair Heasley secondedthe;motion. m The motion carried by the fo110 vote Ayes: Conte,Duff,Heasley,Jimenez,Lopez, Machen, Mulvihill and Rawls.NaysItmeb' tettt None:Absent: Brown. M. M d"Wheeler i '' ed u qty ntbtrm tkt, Platmtng Cbi►imission that the three items acted upon by the a Planning Commission, so e woulQ bg scheduled for the Mayor and Common Council on April 16,2012...... M O F N C d E t U W Q C U E z v m 03128/2012 69 Packet Pg. 866 Enterea info kec, of by, Agenda Bem No: CITY OF SAN BERkRDINO Community Development DeparhG4C01 W*6*n Interoffice Memoe#Okn Bemardino TO: ^Mayor and Common Council FROM: / yl Ivl. Margo Wheeler, Director SUBJECT: Agenda Item 7.11 — A Resolution of the Mayor and Common Council of the City of San Bernardino Adopting the Mitigated Negative Declaration and the Mitigation Monitoring/Reporting Program,Adopting General Plan Amendment No. 12-02 to Change the Split Land Use Designation from Office Industrial Park (OIP) and Industrial Light (IL) to Industrial Light (IL) on Approximately 14.52 Acres, and Approving Tentative Parcel Map No. 19369 (Subdivision No. 12-01) to Merge 13 Parcels into One, 14.52- Acre Parcel, and Development Permit 2 No. 12-02 to Construct a 345,802- Square Foot Warehouse Located on the East Side of Waterman Avenue, Approximately 300 Feet South of Mill Street. DATE: April 16, 2012 The Land Development Division has requested the following Condition of Approval be added to the project: The proposed connection to the existing catch basin on Waterman Avenue shall be revised by the applicant to drain to a parkway culvert. The project applicant has reviewed the condition and finds it to be acceptable. This condition will not affect the project's Findings of Fact or the Mitigation Monitoring/Reporting Program. Recommended Action: That the Mayor and Common Council adopt the Resolution adopting the Mitigated Negative Declaration and Mitigation Monitoring/Reporting Program prepared for the project and approve the project subject to the Findings of Fact and the Conditions of Approval as amended to include this condition.