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HomeMy WebLinkAbout06.A- Community Development RESOLUTION(ID# 1999) DOC ID: 1999 A CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Public Hearing From: Margo Wheeler M/CC Meeting Date: 10/01/2012 Prepared by: Aron Liang, (909) 384-5057 Dept: Community Development Ward(s): 3 Subject: A Resolution of the Mayor and Common Council of the City of San Bernardino Adopting General Plan Amendment No. I1-05 to Amend the Land Use District of Approximately 10.23 Acres from Residential Urban (RU) to Industrial Heavy (III), and Approving Conditional Use Permit No. 11-16 to Establish an Auto Dismantling and Salvage Yard with Retail Parts Sales on 10.23 Acres Located at the South Side of Walnut Street Opposite of Artesian Avenue. (At Meeting of August 20, 2012, Item Continued to September 17, 2012; Item Continued to October 1, 2012.) Financial Impact: Increased property tax and sales tax of an undetermined amount to accrue to the City. The hearing remains open. Motion: Close the hearing; and adopt Resolution to: Adopt the Mitigated Negative Declaration and Mitigation Monitoring/Reporting Program (Exhibit C), and approve General Plan Amendment No. 11-05 and Conditional Use Permit No. 1I- 16, based on the Findings of Fact contained in the Planning Commission Staff Report dated July 25,2012 (Attachment 2) and subject to the amended Conditions of Approval (Exhibit B). Synopsis of Previous Council Action: April 2, 2007 -The Mayor and Common Council approved General Plan Amendment No. 06-01, Tentative Tract Map No. 17754 (Subdivision 06-06) and Development Permit Type 3 No. 06-05 to amend the land use designation of approximately 10.23 acres from IH to Residential Urban (RU) and construct 48 single-family homes with a minimum unit size of 1,826 square feet. Backeround: On July 25, 2012, the Planning Commission unanimously recommended that Mayor and Common Council approve General Plan Amendment No. 11-05 and Conditional Use Permit No. 11-16, to amend the land use district of approximately 10.23 acres from Residential Urban (RU) to Industrial Heavy (111) and a Conditional Use Permit to establish an auto dismantling and salvage yard with retail parts sales on 10.23 acres located at the south side of Walnut Street opposite of Artesian Avenue(Location Map-Attachment 1). During the Planning Commission hearing, there were two speakers from the City of Colton from the Development Services and Public Works Departments who expressed general concerns regarding drainage issues due to an active well owned by the City of Colton located approximately 250 feet from the project site. However, no specific formal comments have been Updated:9/19/2012 by Linda Sutherland A Packet Pg. 14 1999 submitted by the City of Colton. Planning staff and the project applicant's representatives will be meeting with the City of Colton and its representatives on August 15, 2012, to address water quality management plan (WQMP),best management practices (BMPs) and drainage issues. The Planning Commission had questions regarding storage and noise which were answered by the applicant. Conditions are included regarding the private pocket park, security and business hours. The Planning Commission added conditions regarding fencing at the site. Recommendation: That the hearing be closed and the Resolution be adopted,which: Adopts the Mitigated Negative Declaration and Mitigation Monitoring/Reporting Program(Attachment 4), and Approves General Plan Amendment No. 11-06, Tentative Parcel Map No. 19364 (Subdivision No. 11-06) and Conditional Use Permit No. 12-07 based on the Findings of Fact contained in the Staff Report to the Planning Commission and subject to the amended Conditions of Approval,Exhibit B. ATTACHMENTS: 1. Location Map 2. Planning Commission Staff Report dated July 25, 2012 3. Draft Planning Commission Minutes Resolution Exhibit A-Land Use Map Exhibit B - Conditions of Approval, Amended Exhibit C -Mitigation Monitoring and Reporting Program City Attorney Review: Supporting Documents: Attachment 1 -Location Map(DOCX) Attachment 2 -PC Staff Report 7.22.12 (PDF) Attachment 3 -PC Minutes 07.25.12 Draft (DOC) reso 1999 (PDF) Reso Exhibit A- Land Use Map (DOCX) Exhibit B - Conditions of Approval amended (DOC) Exhibit C -Apple Auto MMRP (DOC) O Updated:9/19/2012 by Linda Sutherland A Packet Pg. 15 I I I , CITY OF SAN BERNARDINO PLANNING DIVISION I HEARING I ATE: 8120120 1 �IIIIIII IN • 1 I ' III���II ���`,� IIIIIIIiIur� � 1 11111111..11111 11= =111 PROJECT SITE �IIIIIIII�IIIII II. .II. 111iiim nm ii�= 1=i - - 11111 �■ ■ 1 INIIII 11 1 11 m S E a O a d Q Q a IL U n 0 a a rn 0) rn CL A c 0 U O J r C d E s v m Q C d E L U W Q Packet Pg. 17 CITY OF SAN BERNARDINO Community Development Department—Planning Division Interoffice Memorandum TO: Mayor and Common Council FROM: Aron Liang, Senior Planner — --°-- SUBJECT: Agenda Item 6A—General Plan Amendment No. 11-05 & Conditional Use Permit No. 11-16 DATE: October 1, 2012 COPIES: M.Margo Wheeler,Director; Henry Empeiio, Jr., Senior Deputy City Attorney; Tony Stewart,City Planner Background: A memorandum dated September 17, 2012, recommending approval of the subject project was distributed at the September 17, 2012 Mayor and Common Council meeting. However, the Mayor and Common Council continued the item to October 1, 2012, to allow staff additional time to respond to issues brought up by Councilman Valdivia concerning: 1) correspondence and acceptance of the project by City of Colton and 2) Condition of Approval No. 25 relating to a $25,000 set aside fund to be utilized to mitigate the existing drainage issues at Muscott and Walnut Streets. Condition of Approval No. 25 has been modified to address concerns relating to cash deposit of $25,000 into the storm drain construction fund for a project to mitigate the existing drainage issues at Muscott and Walnut Streets (Refer to Exhibit B). Moreover, the proposed Mitigation Monitoring/Reporting Program (MMRP) has also been modified to incorporate certain mitigation measures to mitigate concerns relating to drainage, water quality management plan and tribal consultations issues. The modifications to the MMRP would not result in any new or significantly different impacts compared to those identified and/or analyzed in the original draft MMRP (Refer to Exhibit Q. Conclusion: Minor clarifications and modifications incorporated in the project design do not affect the Findings of Fact recommended for approval of General Plan Amendment No. 11-05 and Conditional Use Permit No. 11-16, as stated in the August 20,2012 Staff Report. Recommendation: That the hearing be closed and the Resolution be adopted,which: • Adopts the Mitigated Negative Declaration and Mitigation Monitoring/Reporting Plan,and • Approves General Plan Amendment No. 11-05 and Conditional Use Permit No. 11-16 based on the Findings of Fact contained in the Staff Report to the Planning Commission and subject to the amended Conditions of Approval. Entered Into Rec. at MCC/CDC Mfg: ,'C / Agenda Item o: 14- by: � City Clerk/CDC Secretary -- C#y of San Bernardino Memo to Mayor&Common Council GPA 11-05 & CUP I1-16 Meeting Date: October 1,2012 Page 2 Exhibit A—Correspondence indicating City of Colton acceptance of the project with back-up documentation Exhibit B - Conditions of Approval amended Exhibit C - Mitigation Monitoring/Reporting Program amended EXHIBIT A Aron Liang From; Michael Cory<MCory@ci.colton.ca.us> Sent: Monday, September 17, 2012 12:49 PM To: Aron Liang; Reggie Torres Cc: 'Nelson Miller(nmiller@hogleireland.com)'; 'tmungari@anrindustries.com'; Gary Akers;'Vince Kleppe' Subject: RE: City of Colton Comments on Apple Auto Dismantling Project Aron, The City of Colton as reviewed the General Plan Amendment No.11-05,Zone Change, and Conditional Use Permit No. 11-16-Apple Auto Dismantling(1551 & 1617 Walnut Street,San Bernardino)and finds the mitigation measures taken by the City of San Bernardino to be acceptable. Please let me know if you need anything else. Thank you, Mike Cory Water Utility Manager City of Colton 160 South 10'x'Street Colton, CA 92324 www.ci.coiton.ca.us 909 370 6101 ._..-------------_.-- --- - From: Aron Liang [mailto:Liang_Ar @sbcfty.org) Sent: Monday, September 17, 2012 12:23 PM To: Michael Cory; Reggie Torres Cc: 'Nelson Miller(nmiller @hogleireland.com)'; 'tmungari @anrindustries.wm'; Gary Akers; 'Vince Kleppe' Subject: RE: City of Colton Comments on Apple Auto Dismantling Project Hi Mike, I want to make sure that you have the attached which discusses the addition of the vegetated swales and additional oil water separators pursuant to our meeting on September 13, 2012. This covers all the topics discussed per our meeting on September 13, 2012. Please let us know If you have questions. We look forward to hearing from you soon for sign off on the above matter. Thank you for all your assistance on this matter. Aron Liang,Senior Planner Community Development Department City of San Bernardino 300 North "D"St. i San Bernardino, CA 92418 Office(909)384-5057,ext 3332 Pax(909)384-5080 www.sbcitv.ora htto://www.facebook.com/sbcitvzov _.. . ......__...._ From: Aron Liang Sent: Monday, September 17, 2012 9:34 AM To: 'mcory@cf.colton.ca.us'; 'Reggie Torres' cc: Nelson Miller(nmiller @hogleireland.com); tmungari @anrfndustries.com; Gary Akers; 'Vince Kleppe' Subject: RE: City of Colton Comments on Apple Auto Dismantling Project Good morning Mike, Thank you for meeting with us on Thursday, September 13, 2012. Attached MMRP and site plan per our discussion at the meeting. Please scroll down to see Mitigation Measure HWQ-1 on Page 6 requiring the operator to provide required reports and samples to Colton and providing joint inspection at Colton's request &WQMP Site Plan addressing concerns/comments below from Gary Ethridge. We would appreciate your feedback this morning that the attached from Hogle-Ireland satisfies Public Utilities-related concerns.Again thank you for your immediate attention in this matter. Aron Liang,Senior Planner Community Development Department City of San Bernardino 300 North"D" St. San Bernardino, CA 92418 Office (909)384-5057,ext 3332 Fax (909)384-5080 www.sbcity.ora http://www.facebook.com/sbcitveov _...._....................... From: Reggie Torres [mailto:RTorres @ci.coiton.ca.usj Sent: Wednesday, September 12, 2012 4:53 PM To: Aron Liang Cc: Mark Tomlch Subject: RE: City of Colton Comments on Apple Auto Dismantling Project Aron, We appreciate your efforts in working with the City of Colton. Here's the comments we received from ourconsuitant with the"response to comments"that we received. Reggie; 1 have completed my review of the response to the City's comments and while they have addressed several of the items (inconsistencies mainly), I do not see any new information provided related to worst cose scenario evaluation or any new info related to the analysis of potential Impacts to the local ground water and specifically to the production wells In the area. z They continue to maintain that the regulatory requirements(Le.,permits, inspections, reporting, etc.)will assure that the runoff water is adequately treated. This statement only covers the runoff from impervious areas and does not address any water that percolates or that runs off site from the pervious areas. One of my concerns related to assurances through permits is that stormwater monitoring doesn't always happen even when the permit requires sampling. The reason for this is that permitees often claim that rainfall and runoff occurred during non-business hours and therefore the sample is never taken. The auto salvage yard we inspected in San Bernardino several weeks ago that is owned by the same company that is proposing this new site (to collect some useful runoff information)has had a permit for many years and has yet to submit even one sample that indicates what Is in the runoff. In short, I don't see where their response adequately addresses the concern raised by Colton regarding assurance(s)that the groundwater adjacent to the production wells has been thoroughly evaluated. Their response continues to imply a more thorough evaluation is unnecessary because of the BMPS and regulatory permit oversight will right any wrongs if they occur. Colton has the responsibility of protecting those production wells and this project, if allowed to move forward as is, in my opinion still has potential for impacting the quality of water in this groundwater area and the City of Colton would have very little if any authority to take proactive steps to control what really happens on-site (i.e., it's outside their Jurisdiction)and would therefore be unable to correct on-site practices that may differ from the ones portrayed in the BMP documents. Gary Ethridge G&G Environmental Compliance,Inc. 5053 La Mart Dr.,Suite 203 Riverside,CA 92507 Ph:951-683-3538 I Fax:951-683-3859 Please don't hesitate to give me a call if you have any questions. Thank You, Reggie Torres Associate Engineer City of Colton Public Works Department- Engineering 160 S. 10th Street Colton, Ca 92324 (909) 514-4209-Phone (909) 370-5072- Fax .__...---------- .....__. ... ---____........_...._....—..-------'---.... From: Aron Llang [mailto:Liang--�kr @sbcity.org] Sent: Wednesday, September 12, 2012 4:22 PM To: Reggie Torres Subject: FW: City of Colton Comments on Apple Auto Dismantling Project Hi Reggie, I want to let you know that I'm here to work with you on the above matter. The above project is scheduled for review by the Mayor and Common Council on Monday, September 17, 2012, at 4:00 pm. I would appreciate letting me know if there should be further comments on the WQMP.Thank you so much. Aron Liang,Senior Planner 3 Community Development Department City of San Bernardino 300 North"D"St. San Bernardino,CA 92418 Office (909)384-5057,ext 3332 Fax (909)384-5080 www.sbcitv.ora http://www.facebook.com/sbcltvgov From: MarkTomich [mailto:mtomich @cl.colton.ca.us] Sent: Wednesday, September 12, 2012 11:31 AM To: Aron Liang Subject: RE: City of Colton Comments on Apple Auto Dismantling Project Aron, I'm hoping to get comments from our Public Works Dept.today. The response from Hogle-Ireland satisfies our Planning-related concerns; however, I still need feedback regarding water quality. Mark From: Aron Liang [mailto:Liang Ar(asbcity g] Sent:Tuesday, September 11, 2012 6:02 PM To: Mark Tomich Subject: RE: City of Colton Comments on Apple Auto Dismantling Project Hi Mark, I was wondering if there would be further comments? We're available this week to meet, if you like. Please let me know. Thank you so much. Aron Liang,Senior Planner Community Development Department City of San Bernardino 300 North"D"St. San Bernardino,CA 92418 Office(909)384-5057,ext 3332 Fax (909)384-5080 www.sbcitv.ors http:/Iwww.facebook.com/sbcityg ov From. Mark Tomich [mailto:mtomich(ccaci.coiton.ca.usl Sent:Thursday, September 06, 2012 9:14 AM To: Aron Liang Subject: RE: City of Colton Comments on Apple Auto Dismantling Project Thank you. We will review and get back to you if there are further comments. Mark From: Aron Liang [mailto:Liang Ar@.sbcity.o J Sent: Wednesday, September 05, 2012 7:43 PM 4 To: Mark Tomich Cc: Tony Stewart, tmungarManrindustries.com; Nelson Miller(nmiller0hogieire1and.com); Gary Akers Subject: RE: City of Colton Comments on Apple Auto Dismantling Project Hi Mark, Attached responses to comments pursuant to your letter dated August 16, 2012. The responses to comments provide revisions for clarification or amplification of information. In no instances do the written responses provide substantial new information or Indicate new Impacts or Increase in the severity of impacts identified in the proposed MND. The clarification determined that environmental impacts will remain less than significant. Therefore recirculation of the proposed MND is not required. Please let me know if you have questions. Aron Liang,Senior Planner Community Development Department City of San Bernardino 300 North"D"St. San Bernardino,CA 92418 Office (909)384-5057,ext 3332 Fax (909)384-5080 www.sbcitv.org http://www.facebook.com/sbcltvgo v 5 Aron Liang From: Mark Tomich<mtomich @ci.colton.ca.us> Sent: Wednesday, September 12, 21312 11:31 AM To; Aron Liang Subject: RE: City of Colton Comments on Apple Auto Dismantling Project Aron, I'm hoping to get comments from our Public Works Dept.today. The response from Hogle-Ireland satisfies our Planning-related concerns; however, I still need feedback regarding water quality. Mark -- -- -- — -- ...-........ ._.._....... From: Aron Liang [mailto:Liang_Ar@sbcity.org] Sent: Tuesday, September 11, 2012 6;02 PM To: Mark Tomich Subject: RE: City of Colton Comments on Apple Auto Dismantling Project Hi Mark, I was wondering if there would be further comments? We're available this week to meet,if you like. Please let me know. Thank you so much. Aron Liang,Senior Planner Community Development Department City of San Bernardino 300 North "D"St. San Bernardino, CA 92418 office (909) 384-5057,ext 3332 Fax (909)384-5080 www.sbcity.org http://www.facebook.com/sbcitygov From: Mark Tomich [mailto:mtomich(o)ci.colton.c a.us] Sent:Thursday, September 06, 2012 9:14 AM To: Aron Liang Subject: RE: City of Colton Comments on Apple Auto Dismantling Project Thank you. We will review and get back to you if there are further comments. Mark From: Aron Liang [mailto:Liang Ar(lsbaty,org] Sent: Wednesday, September 05, 2012 7:43 PM To: Mark Tomich Cc: Tony Stewart; tmungariCcbanrindustrie5.c9.m; Nelson Miller (nmillerCa@hogleireland.com); Gary Akers Subject: RE: City of Colton Comments on Apple Auto Dismantling Project Hi Mark, i Hi Mark, Thank you for your comments. I want to let you know that the applicant has agreed for a continuance to the hearing on Monday,September 17, 2012. We'll follow-up with written responses to your comments shortly. Again thankyou. Aron Liang,Senior Planner Community Development Department City of San Bernardino 300 North"D"St. San Bernardino,CA 92418 Office (909)384-5057,ext 3332 Fax (909)384-5080 www.sbcity.orr[ http://www.facebook.com/sbcitygov ............ From: Mark Tomich (mailto:mtomichaci.colton.ca.us] Sent:Thursday, August 16, 2012 7:22 PM To: Aron Liang Cc: Melissa Thurman; Margo Wheeler Subject: City of Colton Comments on Apple Auto Dismantling Project Importance: High Hello Aron: Attached are the City of Colton's comments on the Apple Auto Dismantling IS/MND. Please note that we are requesting a continuance of the public hearing to allow time to address our comments,which we believe should include revised technical studies, as well as an amended iS/MND. Thank you for providing all of the technical documents we requested. Sincerely, Mark Mark R.Tonich,AICP Director of Development Services City of Colton 650 N. La Cadena Dr. Colton, CA.92324 Tel: 909-370-5185 Fax: 909-783-0875 3 Aron Liang From: Mark Tomich <mtomich @ci.colton.ca.us> Sent: Thursday, September 06, 2012 9:14 AM To: Aron Liang Subject: RE:City of Colton Comments on Apple Auto Dismantling Project Thank you. We will review and get back to you if there are further comments. Mark -- ----- _ - - _.—._ ___ From: Aron Liang [mailto:Liang_Ar @sbcity.org] Sent: Wednesday, September 05, 2012 7:43 PM To: Mark Tomich Cc: Tony Stewart; tmungari@anrindustries.com; Nelson Miller(nmiller @hogleireland.com); Gary Akers Subject: RE: City of Colton Comments on Apple Auto Dismantling Project Hi Mark, Attached responses to comments pursuant to your letter dated August 16, 2012. The responses to comments provide revisions for clarification or amplification of information. In no instances do the written responses provide substantial new information or indicate new impacts or increase in the severity of impacts identified in the proposed MIND. The clarification determined that environmental impacts will remain less than significant.Therefore recirculation of the proposed MND is not required. Please let me know if you have questions. Aron Liang, Senior Planner Community Development Department City of San Bernardino 300 North "D"St. San Bernardino, CA 92418 Office (909)384-5057,ext 3332 Fax (909)384-5080 www.sbcity.org http://www,facebook.com/sbcitypov From: Mark Tomich [mailto:mtomich ci.colton.ca.us] Sent: Tuesday, September 04, 2012 9:19 AM To: Aron Liang Subject: RE: City of Colton Comments on Apple Auto Dismantling Project OK—thanks. Please keep us posted. Mark ---. . .........._..._ . _ . — ...................._......... _..,_..._._..-..__..._ .._.-.._-------------- _..._._. From: Aron Liang [maiito:Liang Anasbcity.=] Sent: Friday, August 31, 2012 12:45 PM To: Mark Tomich Subject: RE: City of Colton Comments on Apple Auto Dismantling Project 1 Aron Liang From: Mark Tomich<mtomlch@ci.colton.ca.us> Sent: Tuesday,September 04, 2012 9:19 AM To: Aron Liang Subject: RE:City of Colton Comments on Apple Auto Dismantling Project OK—thanks. Please keep us posted. Mark From: Aron Liang [malito:Liang_Ar @sbclty.org] Sent: Friday,August 31, 2012 12:45 PM To: Mark Tomich Subject: RE: City of Colton Comments on Apple Auto Dismantling Project HI Mark, I want to keep you abreast with the above status. We're still waiting for a few technical details& reviewing the written responses, We'll forward you a complete packet. Thank you. Aron Liang,Senior Planner Community Development Department City of San Bernardino 300 North"D"St. San Bernardino,CA 92418 Office (909)384-5057,ext 3332 Fax (909)384-5080 www.sbcity.org http://www.facebook.com/sbcltygov From: Aron Liang Sent: Wednesday, August 29, 2012 8:02 AM To: 'Mark Tomich' Cc: Amer]akher; Reggie Torres Subject: RE: City of Colton Comments on Apple Auto Dismantling Project Good morning Mark, Thank you for your follow-up. We're completing our responses and hope to send to you this week. Again thank you. Aron Liang,Senior Planner Community Development Department City of San Bernardino 300 North "D" St. San Bernardino, CA 92418 Office (909)384-5057,ext 3332 Fax(909)384-5080 www.sbcitv.ora http://www.facebook.com/sbcitvg 1 Aron Liang From: Mark Tomich<mtomich @ci.colton.ca.us> Sent: Tuesday,August 28, 2012 8:05 AM To: Aron Liang Cc: Amer Jakher; Reggie Torres Subject: RE:City of Colton Comments on Apple Auto Dismantling Project Aron, Thank you. I have just returned from vacation and look forward to following up with you. Mark - -— - -- ---- -- - -- _... -------- From: Aron Liang [mailto:Liang.Ar @sbcity.org] Sent: Monday,August 20, 2012 1:13 PM To: Mark Tomich Cc: Melissa Thurman; Margo Wheeler Subject: RE: City of Colton Comments on Apple Auto Dismantling Project Hi Mark, Thank you for your comments. I want to let you know that the applicant has agreed for a continuance to the hearing on Monday,September 17, 2012. We'll follow-up with written responses to your comments shortly. Again thank you. Aron Liang,Senior Planner Community Development Department City of San Bernardino 300 North "D"St. San Bernardino,CA 92418 Office (909)384-5057,ext 3332 Fax(909)384-5080 wwwsbcitv.or¢ http://www.facebook.com/sbcitygov ......... From: Mark Tomich [mailto:mtomicht&cl.coiton.ca.usl Sent: Thursday, August 16, 2012 7:22 PM To: Aron Liang Cc: Melissa Thurman; Margo Wheeler Subject: City of Colton Comments on Apple Auto Dismantling Project Importance: High Hello Aron: Attached are the City of Colton's comments on the Apple Auto Dismantling IS/MND. Please note that we are requesting a continuance of the public hearing to allow time to address our comments,which we believe should include revised technical studies, as well as an amended IS/MND. Thank you for providing all of the technical documents we requested. Sincerely, t Mark Mark R.Tomich, AICP Director of Development Services City of Colton 650 N. La Cadena Dr. Colton,CA 92324 Tel: 909-370.5185 Pax: 909.783-0875 z Aron Liang From: Mark Tomich<mtomich@ci.colton.ce.us> Sent: Thursday,August 09,201212:01 PM To: Aron Liang Subject: RE:City Council Hearing Date for Apple Auto Dismantling Tha nk you for the update. Mark From: Aron Llang [mailto:Uang_Ar @sbci or tY• 9] Sent: Thursday,August 09, 2012 11:59 AM To: Mark Tomich Subject: RE: City Council Hearing Date for Apple Auto Dismantling I want to let you know that the above item will be heard by the Mayor and Council on Monday, August 20, 2012. The meeting will be held at 4:00 p,m. In the Council Chambers, Lobby Floor City Hall, 300 North "D" Street, San Bernardino. Let me know if you have questions. Aron Liang,Senior Planner Community Development Department City of San Bernardino 300 North"D"St. San Bernardino,CA 92418 Office(909)384-5057,ext 3332 Fax (909)384-5080 wwwsbcitv.orR http://www.facebook.com/sbcitygo From: Mark Tomich fmailto;mtornId1 @c1.colton.ca.u5l Sent: Monday, July 30, 2012 6:18 PM To: Aron Liang Subject: RE: City Council Hearing Date for Apple Auto Dismantling Ok thanks From: Aron Liang [mailto:Liang Ar(cbsbcity.org] Sent: Monday, July 30, 2012 5:36 PM To: Mark Tomich Subject: RE: City Council Hearing Date for Apple Auto Dismantling Hi Mark, Tentatively on Monday,August 20, 2012. Please let me know if you have questions.Thank you. Aron Liang,Senior Planner Community Development Department City of San Bernardino 300 North "D"St. i Aron Liang From: Mark Tomich <mtomich @cLcolton.ca.us> Sent: Monday, July 30, 2012 6:18 PM To; Aron Liang Subject: RE: City Council Hearing Date for Apple Auto Dismantling Ok thanks _..........-_........._-.. —..-._...__.- .. From: Aron Liang [mailto:Liang_Ar@sbcity.org] Sent: Monday, July 30, 2012 5:36 PM To: Mark Tomich Subject: RE: City Council Hearing Date for Apple Auto Dismantling Hi Mark, Tentatively on Monday,August 20, 2012. Please let me know If you have questions.Thank you. Aron Liang,Senior Planner Community Development Department City of San Bernardino 300 North `D" SL San Bernardino, CA 92418 Office (909) 384-5057,ext 3332 Fax (909)384-5080 www.sbcity.or� http://www.facebook.com/sbcitygov _.............. ... .. --- From: Mark Tomich [malRo mtomich@!;jt colton.ca.us] Sent: Monday, July 30, 2012 2:57 PM To: Aron Liang Subject: City Council Hearing Date for Apple Auto Dismantling Hello Aron, Can you provide me with the scheduled hearing date for the Apple Auto Dismantling project? Thank you. Mark Mark R. Toinich,AICP Director of Development Service% City of Colton 650 N. La Cadena Dr. Colton; CA.92324 Tel: 909.370.5185 Fax: 909-783-0875 1 Riverside ! ! . • Advance Planning t Community Design 8 GIS l Community Engagement 1 Contract Stalling I Entitlement Services I Environmental Planning September 5, 2012 Mr. Aron Liang, Senior Planner City of San Bernardino Development Services Department 300 North D Street San Bernardino, California 92418 Subject: Apple Auto Dismantling - Responses to City of Colton Comments Mr. Liang: Pursuant to your request, we have reviewed the comments submitted by the City of Colton dated August 16, 2012 rega rding the Initial Study/Mitigated Negative De claration for the Ap ple Auto Dismantling Project (see Attachm ent 1) and prep ared the following response s to the comments regarding potential environmental impacts. The applicant's representatives contacted the Colton Water Department over a year ago to disc uss any potential concerns they mi ght have. The response from Colton was that they would work through the project planner and City staff. Summary The City of Colton expressed concerns in the following areas: Hydrology/Water Duality One of the primary concerns expressed by the City of Colton relates to groundwater contamination in close proximity to production water wells operated by the City of Colton on property adjacent to the project site. They have expressed concer n about impacts from significant amounts of percolated water on-site with high levels of contaminants. However, the area immediately adjacent to their well contains the proposed building and paved areas, so that the areas withi n approximately 200 feet of their we II is paved or build ing. All customer, employee, and vehic le processing areas are paved. When vehicles are received on-site, they are moved into the building, where all fluids and hazardous materials are removed from the vehicles. Batteries, tires, engines, and drive trains are all removed from vehicles prior to the vehicles being moved to storage areas, The removed parts are all stored in covered racks such that rain water would not fall upon these parts. Removed fluids are stored in sealed containers on impervious surfaces with containment areas and filters to capture any spills. Vehicles moved to storage areas are essentially only vehicle bodies, with no significant source of potential contaminants. Forklifts used on site will be propane powered and properly maintained, so there is no potential for significant contaminants even from spills relating to forklift operations. A Water Quality Management Plan is required by rules and Condition of Approval 11 to be su bmitted for review and approval b y the City of San Bernardino. The project also includes catch basin filters, oil separators, and a vegetate d catch basin to filter stormwater prior to percolation into the soil. Regular monitoring of this plan is required to be regularly reported to appropriate agencies. Ther efore, there will not be sign ificant levels of contaminants that would percolate into the ground. Transportation/Traffic The City of Colton expressed concerns regarding trucks using Mt. Vernon Avenue to access the 1- 10. As further discussed later in this letter, the most likely route would be for vehicles would be Mt. Vernon to Mill Street to the I-215. However, in a ny case only two peak hour truck trips consisting of tow tr ucks, up to Class 6 (medi um-heavy duty trucks) are projected from t his site toward Mt. Vernon Avenue. This is a less than significant impact. I Riverside,CA 92507 1500 Iowa w w w.h ogle i re l an d.corn " r 951.781.6014 Apple Auto Dismantling - Responses-to City of Colton Comments - - — - September 5, 2012 Page 2 Air Quality The City of Colton expressed concerns regarding review of the air q uality analysis by SCAQMD. SCAQMD did subsequently review the Initial Study and provided comments regarding localized significance thresholds, construction emissions and operational emissions. Their comments were addressed in a letter to Aron Liang, dated August 17, 2012. No signific ant impacts were anticipated in these areas, ho wever, additional discussion and analysis was provided to demonstrate that no significant impacts result in any of these areas. Aesthetics The City of Colton expressed concerns regarding visual impacts on Mt. Vernon Avenue and Mill Street. Mt. Vernon A venue is over 1,350 east of the project site, with a significant number of intervening commercial and residential structures. Mill Street is approximately 1,000 feet south of vehicle storage areas on the project site with an 8.5 acre electrical substation site and parcels with considerable number of trees separating Mill Street from the project site. No significant views of vehicles stored on the site are anticipated, except from the elevated Mill Street Bridge. Responses Further information is provided in the discussion of City of Colton comments in the following: Hydrology and Water Duality This item was addres sed by Vincent Kleppe, PE, th e project engineer in a letter to Aron Liang, dated August 31, 2012 (see Attachment 2). A preliminary Water Qual ity Management Plan (WQMP) was submitted for the project that iden tified Best Ma nagement Practices (BMPs) to prevent pollutant discharges in st ormwater runoff during operation of the proposed dismantling facility. The City of Colton requested that the WQMP be revised to address organic compounds as a pollutant of concern and that the project categorization be clarified as commercial/industrial over 100,000 sq. ft. These minor revisions have been made to the WQMP. The City of Colton also commented on the project hydro logy study and requested additional technical details regarding treatment of stormwater. The project engineer addressed these concerns in Attachment 2 noting that because vehicle processing will occur indoors and that stor mwater filtration systems will be installed, no substantial contamination of site runoff could occur. When a vehicle is received at the facility, it is assessed for availability and value of parts and categorization as a full-service of self- service vehicle. The vehicle will have all hazardous materials removed, including batteries, engine oil, gear oil, antifreeze, brake fluid, fuel, and compressed gases. Hazardous materials removal is done inside the facility, preventing any potential for outside contamination. Hazardous materials are recycled or disposed of in accordance with st ate and federal regulations. The vehicles engine and transmission are removed inside the facility an d prepared for storage. This eliminates any potential for outdoor contamination if any fluids were not ful ly evacuated d uring the hazardous materials removal stage. The vehicle is placed in the full-service area or the self-service area of the yard. Full-service vehicle parts are removed by facility employees due to the higher value of the vehicle. Self-service vehicle parts are r emoved by customers. After all usable parts are removed from the vehicle or it otherwise becomes obsolete, the vehicle is recycled. Any remaining parts and any recyclable metals are removed from the vehicle, and then it is crushed. The crushed vehicle and recyclable metals are then sold a recycling f acility, completing the processing of the vehicle. Because no new i mpacts were i dentified in response to these comments, no new mitigation is required and impacts will remain less than significant. Transportation and Traffic The City of Colton requested that the potential increase in truck trips on Mt. Vernon Avenue be addressed. The project will not result in an appreciable increase in heavy-duty truck trips. The largest trucks anticipated to visit the project site will be tow trucks, up to Class 6 (medium-heavy duty trucks). The project traffic study indicates that morning peak hour traffic generated from the project site will be 103 daily trips. Based on project trip distribution, 32 of the trips will head east ,Apple Auto Dismantling - Responses to City of-Colton Comments - -- September 5, 2012 Page 3 along either Walnut Street or Ria Ito Avenue. Of these trips, approximately seven percent will be light-heavy duty or greater in size, based on the st andard fleet mix used in the project air quality analysis, for a total of two peak hour truck trips heading in the direction of Mt. Vernon A venue. These two trucks could take Mt. Vernal Avenue south towards Interstate 10; however, considering it is over two miles away, it is anticipated that these vehicle will take Interstate 215 because it is less than a mile from the project site. Traffic impacts related to truck traffic will not be substantial and traffic impacts remain less than significant. Furthermore, the project is subject to Condition of Approval 10 that requires all delive ry trucks to be routed from Rialto Avenue to Muscott Street to Walnut Street. To further strengthen this requirement, Condition of Approval 10 will be revised prior to project approval to require the facility operator to install signage at project exists indicating left-turn only, directing traffic left on Walnut Street towards Rialto Avenue. Air Duality Air quality comments received from South Coast Air Quality Management District (SCAQMD) on August 16, 2012 are addressed by Hogle-Ireland un der separate cover (see Attachment 3). Air quality impacts will remain less than significant. Aesthetics The City of Colton requested that the stacking of automobiles be addressed. The Initial Study discussion of visual quality (Section I.c) noted that the project will be screened by an 8-foot wall that will screen the project site from surrounding uses. Furthermore, the project is subject to Condition of Approval 23 that req uires a 12-foot fence along the eastern property boundary to screen proposed covered rack storage (see Attachme nt 4). Full-service and self-service vehicles will not be stacked and therefore will not be visible by surrounding uses. Veh icles crushed for recycling are not stored on-site. They are immediately loaded onto a truck f or hauling to the recycling facility. Th ese components of th e project will ensure that vehicles are n of visible by surrounding land uses. This information merely clarifies the discussion provided in the Initial Study and no new impacts have been identified. Regards, / A Nelson Miller Vice President NM:cb Attachments (1) City of Colton letter, dated August 16, 2012 (2) Responses to Hydrology and Water Quality Comment, letter from The Prizm Group, dated September 4, 2012 (3) Responses to Air Quality Comments from Hogle-Ireland, Inc., dated August 17, 2012 (4) Site Section August 6-,2Q12 Aron Llano Sc,-.;Kr Planner Comipuhity Development Department/Planning Division.., City of San Bernardino, 30p North"D"Street San Bemardino,CA 924 18 ..SUBJECT: tKNERAIPLAN'AMENDMENT iY0.11 OS,ZONE t1tANGE;AND "D[TIONAL USE PERMrr.No.ivis APPiE AWO DISMANTIA" (1551&i617 WALNUT STREET,SAN BERNARDIN0) Dear Mr.-.Llang: As you:are aware, the City of Colton ("City"),became aware of the proposed project three days prior to the Planning Commission fiearing on July 25,2012.% :Because the City had not-been sent a copy of the proposed Initial Study/Mitigated Negative Declaration, we were provided an opportunity to conduct only a preliminary,cursoey review of the environmental documents,without the associated technical studies. The City owns and operates;'several'water wells (26, 27; and 29) adjacent to the proposed project site; therefore, we are very sensitive to potential water,quality impacts associated viwith the project : These wells produce approximately'300 million gallons of water per year for the City: .Poil'utints of concern frohi.;an autoaibirlintling operation are,primarily petiolep hydrocarbons and related,automoWe,fluids, . AYthe.P,lanning'Commission,hearing on July 25,:2012, staff from the City of Colton requested(verbally;and in writing)a.30'-day continuance In hearing to allow time for review,I of the water quality mamagernent plan, traffic study, air quaiige analysis, and other tethmcal studies t h at were used to make the determmatl of !,'e tian significant Impactan 'the Initial Study:` The- San Bernardino Planning Conlin-issfon' kfinedthg City's"request and approved the Conditional Use Permit,wrtit comments that the. Crty could commetlt during the interval Between'the Planning Oftimictn heaiing.and the C`rty Coundf.he@rigg on the General Plan Amendment'grZonea*' ' Wefhave.been.provMedWlth;the supporting technical'studies completedourreview•of the proposed Ipitial5tudy/MND,and offer the following comments: CIVIC CENTER - 650 N.la Cad..Drive - C.h.,CA 92324 - (90)'370-5099 - Ciljfof$ah Bernardino August Y6,2072 _ ,Hvdroloai/WaterTQuality The proposed project represents,significant potential for offsite'runOff of.pollutents and • . percolation of .pollutants through the pervious areas which'comprise approximately 160,000 5F Induding the open space and detention basin. The project's Water QualitvManagement Plan(WQMP)mdudes:an'adequate list of:$est Management Practices (BMPs)' and mitigation measures• However,'.the treatment control strategy excludes,organic•compounds '(sewTable of page 19 of the WQMP) treatment which is a pollu[ant.of concern listed in the Table on Page 6'Of the WC1MP. This inconsistency heeds to be darlhed as a primary pollutant of cohCOM from this type of operation includes automotive fluids that contain many organic compounds. Further, there are some Inconsistencies in the description of the project category (i.e.,shown as commercial/industrlil over 100,000 sq.".ft on page '2 on the WQMP` and as an automotive re pair shop Category gn.page The project's hvdrolo¢ic studv detailed mostly the runoff.potential-related to 46.e , amount of pervious and impervious areas of.the project There is insufficient data to analye the potential impact to. underlying groundwater or well intrusion .from.the percolation of pollutants that may occur at":s)te considering the close proximity of production wells. The study,doev not contain a discussion of potential,impacts on any of the City ofColton production wells or the description of a wontcase scehaiio event. The City is alsti very concerned that the.long term operation of this facility,located in an area located outside our jurisdictional boundaries and in dose proximity to existing production wells,Will expose these welts to spills over in extended'period of time from automotive fluids and forklift operatiens,(i,e.,hydraulic fluid,gasoline,oil:etc,) In .summary,.addjtional:technical 'information should be provided related to the potential impacts'.on the adjacent weils4s; discussed above. New mitigation measures should include"possible groundwater monitoring (test wells),,or increased'impervious areas that directs runoff through treatment systems prior to release to'teteiition basins or storm:drain chagnels tominimize impacts that mayarise`fromsignAKant amounts of percolated water on-site w41i`.high.levels of contaminants.. Tranyortatioriliraffic The h?tltiaMpdy should address the potential for:iocreases in,trudc trips on Mt.Vembn , Avenue,as an alternate route to the l-1o'Freewali(Instead oE,MBI Mitigation should'tre indud'ed;esneeded,taerisure that tnldis.dp riot use Mt Vernon . .. to access 1710 Air ualj .. City of '.Colton staff contacted SCAQMD stiff determine whether they had commented'on the Initial Study/MMD',':gfAQMD staff I6f6emed the G[ty that they had not reviewed any environmental docurnents associated viith:the project, and 16 fact, {i11!of San 9Emardind AyBliit 16,.201 Page:.3 were not 0 Owe of the project We understand theta copy of thel ibalStuay/MND hds. si been,forwar'dedtaSCAtXIulDandstaIII!ij eprocess.bfpieparingtbtnm .nts Aesthetics'. The Initial:Study.should-directly address the visual impactsfrom stadcingof, automobiles, A mitigation measure should be considered Shat will Ihrdithe'hdJghtpf, vehicle.stacking so as'not to be visible from:IA Vernon Ave antl:M81 Street;(ezcept�m the Mill Stree'tbridge,from which views ofthe site.are.unavoida4le). ' Due io the sign,theaM aMeaknesses fn the lnitlaf$tardy idernifi'ed-inAhis letter,the City of Who f"requests,that'the City J~oUndl heajjng on'thk item be cpntinued xjmd en adequate and acceptable env(ronmentai`.dowment is prepar'e'd We would appreciate an opportunity to review any updated/revised technical,studies before the amended Initial Study is finalized apd a.:new Notice of AvailaMllty is Jssued. Your cooperation.with the Clty..ofCokorl i5.greatly appreciated- City staff looks forward to working with the City of San Bernardino in developing an appropriate environmental document that adequately addresses potenfially;significant environmental impacts on th t Cify of Colton,':Should you have any questions regarding our comments, please contact me at{909):;370-5185 or Amer Jakher,Public Works Director,:.at(905)370-6199. Sincerely, Mark R.Tomich,AICP,Director., Development Services Department cc: Rod Foster,.C'ny Manager AmerJakher,Public Works&Utilities Director Dean Derle.th,City Attorney iSND"SURVEYORS GROUP _lVfl_ENGINEERS September 13, 2012 lob#12-001 Aron Liang,ySenior Planner Community Development Department City of San Bernardino 300 North "D"St. San Bernardino,CA 92418 SUBJECT: GENERAL PLAN AMENDMENT NO. 11-05,ZONE CHANGE,AND CONDITIONAL USE PERMIT NO. 11-16—APPLE AUTO DISMANTLING (1551&1617 WALNUT STREET,SAN BERNARDINO) Dear Mr. Liang: We are in receipt of the comments from the City of Colton dated August 16,2012 and are writing this letter in response to the issues addressed by the City of Colton. Hydrology/Water Quality The treatment control strategy will include addressing organic compounds as a pollutant of concern as listed in the table on page 6 of the WQMP. The table on page 19 of the WQMP has been changed to include organic compounds. The table on page 16 of the WQMP has also been changed to correspond with the table on page 2 with the project category as commercial/industrial over 100,000 sq.ft. Our understanding from the owner as to the daily operation of the facility is that the new vehicles brought to the site will first be housed inside a contained building, as further described in the"Dailey Business Procedures" section below,where all fluids and batteries will be removed,then the engines and transmissions will be removed and stored in covered racks over an impervious Surface outside the building. Rain water will not be allowed to fall on the stored motors and transmissions. The vehicle's brake system will also be drained of fluids,and then set inside the body of the vehicle which will then be placed in the yard on the pervious surface for further dismantling. The fluid removal process takes place inside a building where spills can be contained. If a spill were to occur there are BMP's that will be followed to prevent the fluids from reaching any pervious surfaces and becoming a contamination threat to groundwater. See the "Spill Prevention and Clean-up Plan" section below for more information. Once the cars are placed on the pervious surface their potential for contamination are negligible since their fluids have been removed and they no longer represent a threat to become a significant source of pollutant runoff from the site. The "treatment train" included for the project site will include three steps for the mitigation of pollutants of concern for the project. Manufactured catch basin inserts for all catch basins located in the impervious areas around project site. The site at this time will include an oil separator. The final BMP incorporated to the site is the extended detention basin with a grass lined bottom which has a medium level of effectiveness for the removal of the pollutants of concern for the project site. Again, the planned operating procedure for this facility does not allow for the hazardous Fluids to be present in the vehicles once they leave the spill containment area. See"WQMP Treatment Train"section below for additional information. 310 N.COTA ST.STE I • CORONA,CA 92880 • PH:951.737.4406 • FX:951.737.4407 www.the-prizm-group.com The operation of the facility will consistently follow the good housekeeping practices,as further described in the"Good House Keeping" section below, for a typical auto recycling operation including spill prevention,control&cleanup. Information outlining these practices is included in the WQMP as a guideline, and also in both the construction Storm water Pollution Prevention Plan (SWPPP), and the industrial SWPPP that will be prepared for the site as described in their respective sections below. The two documents included are BMP SC-11"Spill Prevention,Control&Cleanup" &Automotive Services— Auto Recycling and each outlines, in detail,the Best Management Practices and mitigation measures for the project site. These two documents also list references, resources, and for more information. Industrial Permit SWPPP The project will obtain State Water Resources Control Board National Pollutant Discharge Elimination System (NPDES)General Permit coverage for industrial operations and develop a site specific SWPPP. Discharges of storm water and non-storm water will be regulated under the provisions of the state permit. A site specific SWPPP will be developed to outline the procedures that will be implemented and followed in order to reduce or prevent storm water or non-storm water discharges. Best Management Practices will be implemented throughout the entire project. The SWPPP will also detail the methods of monitoring the site for discharges and for the sampling of storm water entering and leaving the site. The monitoring program will monitor the quality of the storm water discharge and measure the effectiveness of the BMP's. The legally responsible parties will be identified in the SWPPP. Regular site inspections will be performed by City officials to verify compliance. Additionally a State certified QSP will perform regular site inspections and runoff effluent testing to verify compliance. Inspection reports and test results will be provided to the State Water Board as required by the General Permit. State WDID The state WDID is the Waste Discharge Identification number given to project sites when covered under the General Permit.The project site has no State WDID#at this time. The WDID number will be applied for as final site design nears completion. Construction SWPPP The construction SWPPP is for projects during the construction phase and is typically terminated after the construction is complete and the site is stabilized to prevent erosion. During construction the site is covered under the General Permit for storm water and non-storm water discharges. A site specific SWPPP will be developed to outline the procedures that will be implemented and followed in order to reduce or prevent storm water or non-storm water discharges and eroded soil from leaving the site. Best Management Practices will be implemented throughout the entire project for the duration of the construction phase. The SWPPP will also detail the methods of monitoring the site for discharges and for the sampling of storm water entering and leaving the site. The monitoring program will monitor the quality of the storm water discharge and measure the effectiveness of the BMP's.The legally responsible parties will be identified in the SWPPP. Additionally a State certified QSP will perform regular site inspections and runoff effluent testing to verify compliance. Inspection reports and test results will be provided to the State Water Board as required by the General Permit. Spill Prevention &Clean-up Plan 2 Spill Prevention Safeguards,such as diking or berming,will be installed to stop accidental releases at dismantling &storage areas. Waste fluid storage containers will be placed at convenient and safe locations to avoid having to move waste fluids long distances. Containers and tanks will be stored on a concrete or impermeable surface and under cover.All containers will be labeled according to content and hazard characteristics.All drums containing chemicals will be kept away from sumps and drains at all times. Spill cleanup equipment will be provided at locations where spills are most likely to occur. MSDS sheets and other safety materials that identify types of fluids that have the potential to spill, indicate whether these fluids are hazardous or toxic, list appropriate safety equipment to be worn,and specify correct materials and procedures to use to clean up the spill will be posted on site. Cleanup procedures, including the use of dry absorbent materials or other cleanup methods to collect,dispose of,or recycle spilled or leaked fluids will also be posted.The site operator will maintain an adequate supply of dry absorbent material onsite will post their locations throughout the facility. Used absorbent materials will be disposed of in sealed containers. liquids&dry materials will never be poured down a storm drain. Drip pans, plastic sheets,or canvas tarps will be placed beneath vehicles, parts,and equipment during maintenance and dismantling activities. If any parts are removed,they will be placed in a drip pan. Drip pans will never be left unattended when they contain hazardous materials. Clean-up Oil or other fluids spilled during parts removal will be contained within the designated area inside the designated spill containment structure. There will be no drains inside the containment structure. Observed spills and leaks will be captured and cleaned up as soon as possible using dry absorbents,drip pan,towel, mops, pads,and booms. Spilled fluids will be kept from entering drains by using drain mats or plugs. Soils with spilled fluids will be completely removed and disposed of to prevent rainwater from carrying pollutants to local drain system and the detention basin. All spills will be documented and kept on file at the dismantling facility. Daily Business Procedures An in-coming vehicle inspection inventory will be in place to check for fluid leaks and for unwanted materials in the vehicles. An organized inventory of materials used at the facility wilt be maintained at all times. All vehicles will be dismantled and have all fluids drained indoors in contained areas where no fluids can reach any drains. Engines,transmissions will be kept under cover on impervious after being removed from the vehicle. All parts cleaning operations will be performed indoors in designated areas. Parts will be cleaned by using minimal amounts of solvents or detergents. Cleaning fluids will be reused or recycled where practical. Spent cleaning solutions will be removed by a waste hauler or recycler. Phosphate-free biodegradable detergents will be used at this facility. Detergent-based or water-based cleaning systems will be considered in place of organic solvent degreasers. Good House Keeping Good housekeeping practices will be in place at all times. There will be an inventory of vehicles, parts, materials and supplies on hand. Visual inspections of entire operation will be in place daily. There will be a storm water management policy in place for all employees to follow. This policy will be available 3 and posted at all times. Employees will be trained under this policy when hired,and refreshed annually. The training will include monitoring the customers for spill prevention. Customers will sign a form making them aware of the pollutant concerns and making them responsible for preventing spills. Storm drain inlets will be labeled with storm water pollution message. Drip pans will not be left outside or unattendej. All brake fluid, antifreeze,window washer fluid, Freon, fuel, batteries,and mercury containing switches will be removed prior to exposure to customers&vehicle placement in unpaved areas. Wastes will be stored in covered areas. Storage containers of all fluids and waste will be labeled. WQMP Treatment train The"treatment train" included for the project site will include three steps for the mitigation of pollutants of concern. Manufactured catch basin inserts will be installed in all catch basins located in the impervious areas around project site. These catch basin filters have a high removal efficiency of gross pollutants and suspended solids,including heavy metals,oil/grease and nutrients. The treatment train will also include two oil separators. The oil separators will remove freely dispersed oil and other liquid pollutants from industrial discharges. These systems will remove 99%of free oil droplets as small as 60 microns.The final BMP incorporated to the site is the extended detention basin with a grass lined bottom which has a medium level of effectiveness for the removal of sediment,metals,bacteria,oil& grease and organics. Again,the planned operating procedure for this facility does not allow for the hazardous fluids to be present in the vehicles once they leave the spill containment area. As an additional line of defense to prevent pollutants from leaving the site,a vegetated swale and additional oil water separator will be incorporated into the site design. The outdoor vehicle storage areas will be graded so that runoff will be directed to a grass lined swale on either the east or west property line. The Swale will direct the flow south towards the detention basin. Prior to entering the detention basin a perforated riser inlet will direct the water through another oil water separator. The travel through the grass lined swale is a traditional method for removal of pollutants from water. Weekly landscape maintenance (grass mowing)will provide a mechanism for collection and removal of contaminants. The additional oil water separator will help ensure that neither system will be overwhelmed by stormwater runoff. If you have any questions or need any additional information please call me at 951-737-4406. Sincerely, 'C. "� /A� Vincent Kleppe PE, PLS The Prizm Group 4 u Z Z a � F U 1 F i ei • i aF(� '�€�� � $ EI 5d a� It }Q, �� '°° }�� �}4 gdl it � � I �sl€�l ; llF ifell "'i� E 1F � � !I° IiII ledgila���i it I • _ . IM, d°a l° }� � E d �t iFiiC 1 @l �e� i eg !•eiF @ ` ° ° t ° 18 1 Iiji fi Sts! i 1 p ON R� EI "FsI:F l 1�1 Ili i' �• i B'° I N+ GS @@ !! y • s i e 1 I I ■ e 9E' a qg ` p gpg! 44 pEypee5�a$! e 3 6 q 9 }Yt �iE j a0C1 �B[i? lli a1 I! Ell ISI� &@flI �} I}3P�A9i� H 91 � � °�� � 3S i9E v _���: i \Muc�o ao�uo - 9�a � s e I I � i ILI y: i Riverside Planning & Development Advance Plannurg I Lnmmenlly Uasigr,8 GIS I Communry Engagement i Contract Staltinq Entrnzmenl Services I Environmental Plannine August 17, 2012 Mr. Aron Liang, Senior Planner City of San Bernardino Development Services Department 300 North D Street San Bernardino, California 92418 Subject: Apple Auto Dismantling Responses to South Coast Air Quality Management District Comments Mr. Liang: We are in receipt of comments submitted by South Coast Air Quality District (SCAQMD) on August 16, 2012 regarding the Initial Study/Mitigated Negative Declaration for the Apple Auto Dismantling Project (see Attachment 1). We have included responses herein. Summary. SCAQMD submitted comments on the Initial Study in response to a request by the City of Colton. Three topics were addressed tha t included (1) localized significance thresholds, (2) construction equipment emission factors, and (3) emissions fr om automobile crushing and processing. In response, we analyzed criteria pollutant emissions in light of localized significance thresholds and found that impacts will be less t han significant. Secon dly, emissions from construction equipment are valid and consistent with guidance provided by the California Air Resources Board (ARB). Finally, automobile crushing and processing emissions, when considered with mobile and other operational source emissions, will remain less than significant. A detailed discussion of each t opic is in cluded below. Th is information does n of identify any new or substantially increased impacts. Localized Significance Thresholds. SC AQMD requested that potentially significant localized impacts due to criteria pollutant emissions be examined in the Initial Study. Localized significance thresholds (LST) a nd analysis is recommended by SCAQMD, but not required; however, for the sake of disclosure and to ensure th at significant localized impacts do not occur, an LST analysis is provided herein. Construction-related criteria pollutant emissions and potentially significant localized impacts were evaluated pursuant the SCAQMD Final Localized Significance Thresholds Methodology. This methodology provides screening tables for o ne, two, and five acre project scenarios. Maxi mum daily oxides of nitrogen (NOx), carbon monoxide (CO), and particulate matter (PM'q and PM2.5) emissions will occur during site preparation activities during Phase 1 and Phase 2 of project construction. Approximately half of the project si to will be disturbed du ring each construction phase, thus the five acre screenin g analysis and worksheets have been used (see Attachment 2). Table 1 (2013 LST A nalysis) and Table 2 (2019 LST Analysis) summarize the onsite emissions as compared to the I ocal thresholds established for Source Receptor Area (SRA) 34 (Centr al San Bernardino Valley). A 25 meter receptor distance was used to refl ect the proximity of nearby residents. Construction activities during Phase I and Phase 2 will not exceed the screening thresholds for locally significant criteria pollutant impacts. Construction impacts remain less than significant. www.hogleireland.com 1500 r , U951.787.9222 I t: r Apple Auto Dismantling SCAQMD Responses Table 1 2013 LST Anal sis Activity Demolition 69.8 133.8 6.5 5.9 Site Preparation 81.0 157.9 1 10.1 7.5 Grading 55.71 101.31 5.51 4.9 Building Construction 38.6 68.6 3.9 1 3.6 Paving & Coating 44.5 74.6 5.2 4.8 Maximum 81.0 157.9 10.1 1 7.5 Threshold 1746 270 14 8 Significant? No No I No No Table 2 2019 LST Anal sis 1 ft P IPM Demolition 1 28.81 40.8 1 1.8 1 1.7 Site Preparation 32.2 1 51.5 1 4.61 2.5 Grading 24.71 31.2 1 1.61 1.3 Building Construction 18.3 20.4 1.0 0.9 Paving & Coating 18.5 21.6 1.4 1.2 Maximum 32.2 51.5 4.6 2.5 Threshold 1,746 270 i4 8 Significant? No No No No Construction Emissions. SCAQMD recommends using 0 FFROAD2011 in the CalEEMod run instead of the Air Resources Board (ARB) recommendation of reducing load factors for construction equipment by 33 percent to compensate for exce ssive estimates present in OFFROAD2007. While we recognize that OFFROAD2011 is preferred, this project was initiated during the transition from OFFROAD2007 to OFFROAD2011 and CalEEMod has yet to be updated with the new emissions data (as noted in the com ment letter). ARB provided guidance on the use of OFFROAD2007 at the Workshops on Information Regarding the Off-Road, Truck and Bus and Drayage Truck Regulations workshop on September 3, 2010 (see Attachment 3). ARB recognized that OFFROAD200 7 load factors are 20 to 50 percent too high and re commended a 33 percent reduction to ensure consistency with findings for th a off-road eq uipment testing and manufa cturer data. This recommendation and data provides substantial evidence for the methodology used in the Initial Study air quality analysis. Operational Emissions. SCAQMD notes that while mobile operational sources of criteria pollutant emissions were analyzed, specific auto dismantling operational emissions were not. Considering the small size of the operation, we typically would not analyze emissions beyond those included in CalEEMod; however, for the sake of disclosure, we have provided the emissions estimates herein. The dismantling facility will crush a maximum of 10 cars per day. Auxiliary equipment includes five propane powered forklifts and six di esel-powered aerial car lifts. Daily emissions from dismantling facilities were modeled using the same methodology used in CalEEMod, as follows: 2 Apple Auto Dismantling - - - SCAQMD Responses EmissionojC9PIa =I(EF,. *Pop; *AvgHP,. *Load, *Activity) Where: EF =Emissions FactorprocessedjromOFFROAD2011 (grams/hp-hour) Pop =Number of Pieces of Equipment AvgHP =Maximum Average Horsepower Load =Load Factor Activity =Hours of Operation i =Equipment Type Automobile crushers take approximately one minute to crush a vehicle. Assuming an additional minute to raise the crushing plate, the car crusher will be in operation for a maximum of 20 minutes per day. T he crusher is assumed to operate at 120 horsepower (72.2 average horsepower) based on review of commercially available crushers with a 100 percent load factor.' Emissions from forklifts are not i ncluded because they are propane powere d. Aerial lifts ar e assumed to be in operation for a full eight-hour workday at 50 horsepower (41 acreage horsepower) and a 30 percent load factor. 'E missions calculations are prov ided in Table 3 (Dismantling Emissions). 0 FFROAD2011 data is in cluded as Atta chment 4. Emissions were converted from grams to pounds by multiply by 0,0022. Table 3 Dismantling Emissions EF (g/hr) Emissions Equipment Pop AvgHp Load Activity Ibs da NO PM NO PM Crusher 10.9 0.7 1 72.2 1.00 0.33 0.57 0.04 Aerial Lift 6.6 0.7 6 41 0.30 8.00 8.57 0.91 Total 9.14 0.95 When considering estimated emissions from disman tling specific activities with the emi ssions identified in the Initial Study (see page 19), total NOx emissions will be 13.99 Ibs/day, to tal PM10 emissions will be 4.61 Ibs/day, and total PM2.5 emissions will be 1.18 Ibs/day in year 2014. Total NOx emissions will be 17.12 Ibs/day, total PM10 emissions will be 6.96 Ibs/day, and total PM2.5 emissions will be 1.34 Ibs/day in year 2021. Thes es will not exceed the thresholds of 100 Ibs/day for NOx emissions, 150 Ibs/day for PM 10 emissions, or 55 Ibs/day for PM2-5 emissions. Operational impacts remain less than significant. r u"IR Vice President NM:cb Attachments: SCAQMD Comment Letter 2013 and 2019 LST Analysis ARB OFFROAD Workshop Except OFFROAD2 011 Data ' American Recycler. Equipment Spotlight: Auto Crushers. http•//www americanrecycler com/1105spotlight shtml [August 17, 20121 3 0 w -M a U z -0 w N LL 0 v z p a. z O m m U _ °� Z O z 0 U t3) CL Z w -0 J fn m w c m O N = a m a N w N w 0 0 4— a a m m a C L -p a m a m a N FM 11114 70 � N N N p � L O ro O T U C cu ' v III C Qt U C - � co 1 < 0 11 CL 0 a = ,1 Q cn EXHIBIT B CONDITIONS OF APPROVAL Conditional Use Permit 2 No. 11-16 1. All development shall be in substantial conformance to submitted plans date stamped June 12, 2012. 2. Within two years of Conditional Use Permit approval, commencement of construction shall have occurred or the permit approval shall become null and void. In addition, if after commencement of construction, work is discontinued for a period of one year, then the permit approval shall become null and void. However, approval of the Development Permit does not authorize commencement of construction. All necessary permits must be obtained prior to commencement of specified construction activities included in the Conditions of Approval. Expiration Date: 2 years from approval date of the GPA 3. In the event this approval is legally challenged, the City will promptly notify the applicant of any claim,action or proceeding and will cooperate fully in the defense of this matter. Once notified, the applicant agrees to defend, indemnify and hold harmless the City of San Bernardino (City), any departments, agencies, divisions, boards or commission of the City as well as predecessors, successors, assigns, agents, directors, elected officials, officers, employees, representatives and attorneys of the City from any claim, action or proceeding against any of the foregoing persons or entities. The applicant further agrees to reimburse the City for any costs and attorneys' fees which the City may be required by a court to pay as a result of such action, but such participation shall not relieve applicant of his or her obligation under this condition. The costs, salaries, and expenses of the City Attorney and employees of his office shall be considered as "attorneys fees" for the purpose of this condition. As part of the consideration for issuing this Conditional Use Permit, this condition shall remain in effect if the Conditional Use Permit is rescinded or revoked, whether or not at the request of applicant. 4. Prior to occupancy of any building, the applicant must post a bond to guarantee maintenance and survival of project landscaping for a period of one year pursuant to Section 19.30.230. 5. The property owner(s), facility operator and property management will be responsible for regular maintenance of the site. Vandalism, graffiti, trash and other debris must be removed within 24 hours of being reported. 6. Signs are not approved as a part of this permit. Prior to establishing signs, the applicant must submit an application for approval by the Planning Division. Conditions of Approval GPA 11-06&CUP 11-16 PC Date:July 25, 2012 Page 2 7. Development of the project is subject to the attached mitigation measures in the Mitigation Monitoring/Reporting Program (MM/RP), incorporated by reference in these Conditions of Approval. 8. The private pocket park must be installed with landscaping and irrigation in accordance with the conceptual landscape plan date stamped June 12, 2012, and must be maintained by the applicant. The private pocket park must be gated. A 6-foot wrought iron fence must be installed along the northerly and westerly property boundaries. The private park must be open to the public during normal business hours and locked and secured after business hours. 9. Business hours of operation are limited to 7:00 a.m. to 5:00 p.m., Monday—Saturday. 10. The traffic route to the subject site must be Rialto Avenue to Muscott Street to Walnut Street. Operator shall inform all delivery companies of these restrictions. (**) The operator must install signage at the project exists to indicate left-turn only, directing truck traffic left on Walnut Street towards Rialto Avenue. 11. The Full-Categorical Water Quality Management Plan (WQMP) must be approved prior to the issuance of permits. The overall project scope for the site will disturb more than an acre of land; therefore, a Storm Water Pollution Prevention Plan (SWPPP) will be required prior to the issuance of permits. A "Notice of Intent (NOI)" must be filed with the State Water Resources Control Board and a copy must be provided. 12. The detention basin must be designed in accordance with "Detention Basin Design Criteria for San Bernardino County." Double Ring Infiltrometer testing is required at each location of infiltration and must be performed at the elevation of infiltration. 13. 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. 14. The applicant must obtain a Grading Permit and submit a Grading Bond. Prior to issuance of a Grading Permit, the applicant must submit for review and approval a Grading and Drainage plan signed by a Registered Civil Engineer. The applicant must obtain an On-Site Improvement Permit. Prior to issuance of an On-Site Improvement Permit, the applicant must submit for review and approval an On-site Improvement Plan signed by a Registered Civil Engineer. The on-site plan may be incorporated with the grading plan. 15. A reciprocal agreement must be recorded prior to Certificate of Occupancy to address reciprocal drainage, access, and/or parking that is proposed to cross lot lines. Conditions ofApproval GPA 11-06&CUP 11-16 PC Date:July 25,2012 Page 3 16. The existing half-width right of way on Walnut Street is shown as 30 feet. The ultimate half-width right-of-way on Walnut Street is 34 feet. A right-of-way dedication of four feet is required. 17. The applicant must submit an Off-site Improvement Plan prepared by a Registered Civil Engineer for approval by the City Engineer. The following improvements must be shown on the plan: i. Close all existing driveway approaches on Walnut Street that are not a part of the approved site plan and replace with curb, gutter and sidewalks according to City standards. ii. The overhead utility lines along Walnut Street must be undergrounded. iii. Walnut Street must be rehabilitated to centerline along the project frontage. 18. The applicant must submit a final Landscape and Irrigation plan for review and approval by the Land Development Division that is consistent with the preliminary landscape plan dated June 12, 2012. Prior to the Certificate of Occupancy, the applicant must install all landscaping and irrigation per the approved Landscape and Irrigation Plan. 19. Prior to application for Certificate of Occupancy, an easement and covenant must be executed on behalf of the City to allow the City to enter and maintain any required landscaping in case of owner neglect. The documents must 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 must be paid to the Community Development Department to cover processing costs. 20. The applicant must submit electronic files of all public improvement plans/drawings to the City Engineer. The files must be compatible with AutoCAD 2000, and include a .DXF file of the project. Files must be on a CD and must be submitted at the same time the final mylar drawings are submitted for approval. 21. A Lot Merger will be required to form Parcel A as shown on the site plan. A separate Lot Merger will be required to form Parcel B a shown on the site plan. A Lot Line Adjustment will be required to adjust the line to the location shown on the site plan. All mergers and adjustments must be completed prior to application for Certificate of Occupancy. 22. A Focused Traffic Study is required for this project and must be approved prior to the approval of the Off-Site Improvement plans. Conditions of Approval GPA 11-06&CUP 11-16 PC Date:July 25, 2012 Page 4 23. (*) The applicant must construct a 12-foot fence with plastic slat of approximately 125 feet in length along the easterly property boundary to screen the 12-foot covered rack storage located at the southeast comer of the property. 24. (*) The applicant must construct a 10-foot electric fence within the front yard setback. Construction of the electric fence must be consistent with Development Code Section 19.20.030(8)(F), Electric Fences. 25. (**) Prior to issuance of a building permit, the applicant must submit a cash deposit in the amount of$25,000, to be specifically used for a project to mitigate the existing drainage issues at the intersection of Muscott and Walnut Streets. The City shall deposit this payment into a special trust fund labeled "The Storm Drain Construction Fund for Muscott and Walnut Streets", which shall be used only for this specific construction project and not the City's General Fund, and the City must refund the applicant the full amount of this deposit if the City does not expend the funds to construct this drainage improvement within one year from the date of deposit. (*)Amended/added by the Planning Commission on July 25, 2012. 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O E� 0 0 O a'O° A 09 O o O O 0 » ' -o G w O aH V u a a 3 u x x z °z q � u � at \ k � \ � z 7 � f � $ � ! . k � ` ] .. # � � 2 ® / ( . . § ; ) ) \ « f ` {; } \ � ƒ ! ) IE § , f � \ \ ) \ \ \ ® \ } PLANNING COMMISSION STAFF REPORT CITY OF SAN BERNARDINO PLANNING DIVISION rn c CASE: General Plan Amendment No. 11-05 and Conditional Use Permit No. 11- 16 E AGENDA ITEM: 3 A HEARING DATE: July 25, 2012 g WARD: 3 ¢' d APPLICANT: OWNER: a Ricardo Vallejo San Marcos South LLC Apple Auto Dismantling c/o: Tom Mungari O 2701 Anaheim Street 10702 Hathaway Drive,No. 1 Wilmington, CA 90744-4047 Santa Fe Springs,CA 90670 562.436.0874 562.777.7807 v 0 REQUEST/LOCATION: A request to amend the land use district of approximately 10.23 a acres from Residential Urban (RU) to Industrial Heavy (IH) and a Conditional Use Permit to cD. establish an auto dismantling and salvage yard with retail parts sales on 10.23 acres located at the south side of Walnut Street opposite of Artesian Avenue. (Refer to Attachment A). N Assessor Parcel Numbers: 0274-031-17, 18, 19 and 20 N N CONSTRAINTS/OVERLAYS: o CL m Alquist-Priolo Zones M ENVIRONMENTAL FINDINGS: w U a ❑ Exempt from CEQA N ❑ No Significant Effects ❑ Negative Declaration E ® Mitigated Negative Declaration with Mitigation Monitoring/Reporting Program STAFF RECOMMENDATION: c W E ® Approval ® Conditions ❑ Denial a ❑ Continuance to: O Packet Pg. 18 GPA 11-06 and CUP]1-16 PC Meeting Date: 7-25-12 Page 2 PROJECT DESCRIPTION The applicant requests approval of the following: General Plan Amendment (GPA) No. 11-05 under the authority of Development Code § & 19.50.030 to amend the land use designation of approximately 10.23 acres located at the south side of Walnut Street opposite of Artesian Avenue from Residential Suburban (RU) to Industrial m Heavy(IH). E w 0 Conditional Use Permit No. 11-16 under the authority of Development Code § 19.36.050 to 0 establish an auto dismantling and salvage yard with retail parts sales (Refer to Attachment A). a m c The applicant proposes to establish an auto dismantling and salvage yard operation. Other c a activities associated with the development proposal include grading and extension of utilities to the site(Refer to Attachment B). SETTING/SITE CHARACTERISTICS Z) The project site consists of four individual parcels totaling 10.23 acres and is partially occupied 9 by two single family structures which will be demolished to accommodate the proposed project. a. a Table 1: SITE AND SURROUNDING LAND USES rn rn LOCATION LAND USE GENERAL PLAN N N N Subject Site 2 Single-Family Dwellings Residential Urban (RU) 0 CL Across North t Street Mobile Home Park RU a A South Vacant lot Industrial Heavy(IH) in U a East Vacant lot IH w West Auto wrecking Yard IH E E z U A PROJECT HISTORY/BACKGROUND a G • February 6, 1967—Permits issued for a single family structure at 1611 W. Walnut E t Street. 0 • December 12, 1978—Permits issued for a mobile home at 1501 W. Walnut Street. a • November 1, 2005 — The Mayor and Common Council adopted Resolution No. 2005-362 which adopted the Updated General Plan that designated the subject property as Industrial Heavy(IH)land use district. • December 5, 2005—San Marcos LLC acquired the subject site. Packet Pg. 19 CPA 11-06 and CUP/1-16 PC Meeting Date: 7-25-12 ® Page 3 • April 2, 2007 — The Mayor and Common Council approved General Plan Amendment No. 06-01, Tentative Tract Map No. 17754 (Subdivision 06-06) and Development Permit Type 3 No. 06-05 to amend the land use designation of approximately 10.23 acres from IH to Residential Urban (RU) and construct 48 single-family homes with a minimum unit size of 1,826 square feet. rn • September 19,2011 - GPA 11-05 and CUP 11-16 applications were submitted. E • May 71 2012—A proposed Mitigated Negative Declaration was submitted. M • May 24, 2012 - The Development/Environmental Review Committee met and E Mn recommended that the project be moved to the July 25, 2012 Planning 0 0 Commission hearing. • June 12, 2012—The applicant submitted revised plans. c- CL ANALYSIS a Apple Auto Dismantling has been operating an auto dismantling and salvage yard at 1941 W. 4'h Street in the IH district for nearly 20 years. The proposed expansion of auto dismantling a. operation on Walnut Street would promote business retention and expansion within the City and D the sites are approximately two miles from each other, c The project site consists of four individual parcels of approximately 10.23 acres and the site a contains two single-family structures. The majority of the site (Approximately nine acres) has historically been vacant. The two single-family structures would be demolished to accommodate m the proposed project. rn Additionally, the subject area consists of a mix of industrial uses and residential neighborhoods with some vacant land. The proposed General Plan Amendment (GPA)will not disrupt or divide N the physical arrangement in this part of the City and is needed to accommodate the proposed n project. The proposed GPA would revert the project site back to its previously adopted land use 0 CL designation of Industrial Heavy (IH). The proposed IH district would be consistent and compatible with the properties abutting the subject site to the east, south and west. The proposed w land use designation would not conflict with the General Plan or the analysis in the General Plan Environmental Impact Report SCH No. 2004111132. a The proposed development would be developed in two phases. Phase I would include 1' construction of a 7,500-square foot building for office, retail automobile repairing, a 2,500- m square foot shed structure for covered storage, and open storage to accommodate up to 420 cars. E Phase I also includes a 10,150-square foot private pocket park located at the northwest comer of the project site. The pocket park would be landscaped with turf and constructed with decorative paving and seating. Phase II would expand the operation to include an additional 7,500-square foot building for office, retail automobile servicing and open storage to accommodate up to 386 E cars. 0 The proposed project will provide employment opportunities for residents and will improve the a appearance the project site with architectural design that complies with the industrial architecture design guidelines in Chapter G19.08 (9) of the Development Code. The following site design © discussion illustrates compatibility of the project with the surrounding neighborhood. Packet Pg. 20 QPA11-06 and CUPII-16 PC Meeting Date: 7-15-12 Page 4 ParkinIZ The site plan has been designed to provide adequate parking stalls at a ratio of 1 stall per 300 square feet of gross building area plus one space for every 10,000 of gross yard area. Section 19.24.040 of the Development Code requires a minimum of 71 parking spaces for this project, g and the proposed site plan meets that standard with 74 stalls. c m Architecture The proposed building has been designed with a modern architectural style, and fagades will be E articulated on all sides and through the use of different materials including CMU block and ° stucco in neutral shades of gray. Roofline treatment will be metal roof panels with stucco finish a' to match the elevations. Storefronts will be articulated with eyebrow, aluminum framing, and c CL tempered glazing. Landscaping The proposed landscaping will include 25 trees (24" and 36" boxes of various species including Magnolia, Sweet Bay, River Birch, and Purple Robe Locust), various shrubs, vines, ground cover and decorative hardscape and paving. The conceptual landscape plan provides 16% L) (75,000) of on-site landscaping which includes the private pocket park and complies with the ° Development Code requirements pursuant to Chapter 19.28,Landscaping Standards. a a The pocket park will be maintained by the applicant and the maintenance requirement has been © incorporated as part Condition of Approval No. 8. Cn operating Characteristics The hours of operation for the proposed project are expected to be regular business hours from N N 7:00 a.m. to 5:00 p.m., Monday—Saturday. 0 0 The project site provides adequate on-site circulation and would comply with the IH land use regulations and development standards of the Development Code, as indicated in the following w Table 2: in a. a N G 0 E z U t0 a d E z U Q Packet Pg.21 GPA11-06 and CUP11-16 PC Meeting Date: 7-25-12 Page 5 i (v' TABLE 2: PROJECT COMPLIANCE WITH DEVELOPMENT STANDARDS i STANDARD DEVELOPMENT CODE PROPOSAL rn c Building Coverage 75%maximum 5% E E 0 { Parking 94 stalls 94 stalls a j 15%of parking area u a 16/o (445,618 square feet) e Landscaping (8,950 square feet) (53 trees) a i (53 trees) Front: 10 feet Front: 25 feet Setbacks Street Side: 10 feet Street Side: 10 feet Rear: 10 feet Rear: 10 feet a Building Height 45 feet 25 feet 0 CALIFORNIA ENVIRONMENTAL QUALITY ACT(CEOA) a- i The project is subject to the California Environmental Quality Act (CEQA). An Initial Study i © (available on the City's web site at www.sbcity.org — see How do I..." and "Locate..." and v click Planning Documents) was prepared by Hogle-Ireland Inc. and circulated for a 20-day N public review period from May 29, 2012, to June 20, 2012, pursuant to the provisions of CEQA. N No comments were received. The Final Initial Study proposes a Mitigated Negative Declaration, including Mitigation Measures detailed in the Mitigation Monitoring/Reporting Program o (Attachment D). rr j w j FINDINGS OF FACT—GENERAL PLAN AMENDMENT y { 1. The proposed amendment is internally consistent with the General Plan. a ' N The proposed amendment to change the land use designation of approximately 10.23 acres from RU to III is needed to accommodate the proposed auto dismantling and salvage yard operation. E The change in designation is consistent with the land use pattern occurring in this part of the City to the east, west and south in the IH land use district. The proposed use would be similar to a adjacent auto wrecking uses to the west and northwest of the project site. The proposed amendment will not result in the loss of significant amounts of residential land, and will be d consistent with the development patterns along Walnut Street. Further, the project will be consistent with the following General Plan policies: a a 1 Packet Pg. 22 CPA!I-06 and CUP11-t 6 PC Meeting Date: 7-25-11 © Page 6 Policy 4.1.1 states: "Proactively seek out and retain businesses that create jobs and generate sales tax revenue". The subject auto dismantling and salvage yard operation will establish a new industrial use that will provide employment opportunities for residents. Policy 5.5.1 states: "Requires new and in-fill development to be of compatible scale and massing rn as existing development yet allow the flexibility to accommodate unique architecture,colors, and materials in individual projects". The proposed one-story retail industrial buildings will be A consistent with the surrounding one-story industrial building theme on Walnut Street to the west. w The proposed neutral shades of gray and roofline treatment with metal panels with stucco finish 0 on the buildings will improve the appearance of the project site and will provide an enhancement S to the area. v a 2. The proposed amendment would not be detrimental to the public interest, health, safety, C convenience, or we yare of the City. o The proposed amendment does not cause changes that would be detrimental to the public interest, health, safety, convenience, or welfare of the City. The amendment from RU to IH for :3 10.23 acres would facilitate and accommodate the development of an industrial use on an 0 industrial property. 3. The proposed amendment maintains the appropriate balance of land uses within the City. C The proposed amendment is consistent with the General Plan as described above and would m maintain the appropriate balance of land uses within the City. The property designation of RU is not conducive for a residential development as the site is surrounded by industrial uses. The N proposed amendment will promote an industrial use, compatible with other industrial uses adjacent to the west on Walnut Street and encourage business retention within the City. e 0 4. The subject parcel is physically suitable (including, but not limited to, access, provision of °L d utilities, compatibility with adjoining land uses, and absence of physical constraints)for the requested land use designation and anticipated land use development. m U All agencies responsible for reviewing access, and providing water, sanitation and other public a services have had the opportunity to review the proposal, and none have indicated an inability to N serve the project site considering the change in land use designation. All required utilities and public services can adequately serve the site. L U (6 FINDINGS OF FACT—CONDITIONAL USE PERMIT a 1. The proposed development is conditionally permitted in the subject zoning district and E complies with all applicable provisions of the Development Code, including prescribed site development standards and any/all applicable design guidelines. a The proposed project is conditionally permitted under the IH land use classification, and the proposed project and its proposed on-site improvements related to vehicular access and circulation, water supply, drainage and wastewater conveyance will improve the appearance of PacketPg. 23 GPAI I-06 and CUPII-16 PC Meeting Date: 7-25-12 - Page 7 the project site and will be compatible with existing development in the vicinity. The project complies with all applicable provisions of the Development Code, as illustrated in the staff report. Therefore, the proposal would not impair the integrity and character of the subject land use district. rn 2. The proposed development is consistent with the General Plan. c M As noted above in GPA Finding No. 1, the proposed project is consistent with several General N Plan goals and policies. The Land Use Element (Table LU-2) of the City of San Bernardino 6 General Plan describes the Industrial Heavy land use district as allowing"(a) variety of industrial 0 uses, including warehousing/distribution, assembly, light manufacturing, research and development....... at a range of intensities to meet the demand of current and future residents. d 0. Land Use Policy 2.2.1 requires compatibility between land uses and quality design. Genera] Plan a Policy 4.1.2, states: "proactively seek out and retain businesses...., including: attracting industrial and manufacturing users." The proposed project will implement these General Plan _ goals and policies. r a 3. Approval of the Conditional Use Permit for the proposed development is in compliance with the requirements of the California Environmental Quality Act and Section 19.20.030(6) of ° { the Development Code. a l � s © Approval of CUP No. 11-16 is in compliance with the requirements of the California Environmental Quality Act (CEQA) and Development Code Section 19.20.030 (6) pertaining to environmental resources and constraints. Approval of the proposed project would not result in `. any impacts on the environment that could not be mitigated to less than significant levels. Potentially significant impacts identified in the Draft Mitigated Negative Declaration will be less N than significant with implementation of the proposed mitigation measures in the Mitigation Monitoring/Reporting Program in Attachment D. 0 a m 4. There will he no potential significant negative impacts upon environmental quality and w natural resources that could not be properly mitigated and monitored. 0 U) U As noted in CUP Finding No. 3, the proposed project complies with CEQA and Development a Code requirements related to environmental review and protection of sensitive natural resources. w Evidence and analysis in the Draft Mitigated Negative Declaration demonstrates that all potentially significant environmental impacts of the project will be mitigated to less than s significant levels by implementation of the recommended mitigation measures in Attachment D. Y a 5. The location, size, design, and operating characteristics of the proposed use are compatible with the existing and future land uses within the general area in which the proposed use is to E be located and will not create significant noise, traffic or other conditions or situations that U may be objectionable or detrimental to other permitted uses in the vicinity or adverse to the public interest, health, safety, convenience, or welfare of the City. a The proposed project would conform to all applicable development standards and land use regulations of the IH land use district, as illustrated in Table 2 above. Therefore, the design of the Packet Pg. 24 CPAI i-06 and CUPII-I6 PC Meeting Date: 7-25-I2 Page 8 project, in conjunction with the recommended conditions of approval, will ensure that the project would not create significant noise, traffic, or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity of the site, nor would it be adverse to the public interest, health, safety, convenience or welfare of the City. The location, size,design and character of the proposed project will enhance the operation,to the benefit of the public interest and general welfare of the City. c m 6 The subject site is physically suitable for the type and density/intensity of use being proposed. w 0 The project site is physically suitable for dismantling and salvage yard operation, developed at ° the density proposed by CUP No. 11-16, as evidenced by the project's compliance with all < applicable Development Code Standards noted in Table 2 above. There are no physical n constraints that would limit development and expansion of an auto dismantling and salvage yard C operation on the site as proposed. Therefore, the site is physically suitable for the proposed project. CL 7. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety. �- 0 All agencies responsible for reviewing access and providing water, sanitation and other public a services to the site have had the opportunity to review the proposal, and none indicated inability to serve the project site. Standard health and safety regulations will ensure that development of the project will not be detrimental to public health and safety. CONCLUSION N The project proposal satisfies all Findings of Fact required for approval of General Plan Amendment No. 11-05 and Conditional Use Permit No. 11-16. r CL v RECOMMENDATION w U) U Staff recommends that the Planning Commission recommend that the Mayor and Common Council: c d 1. Adopt the Mitigated Negative Declaration and Mitigation Monitoring/Reporting Program s (Attachment D),and 2. Approve General Plan Amendment No. 11-06 and Conditional Use Permit No. 11-16 based on the Findings of Fact contained in the Staff Report and subject to the Conditions E of Approval (Attachment Q. r U f0 Q Packet Pg. 25 GPAI I-06 and CUPII-I6 PC Meeting Date: 7-15-I2 O Page 9 i Respectfully Submitted, Aiang Senior Planner S c m Approved for Distri ton: Ln �y o M.'Mar o Wheeler,AICP Q g a Community Development Director a I � Attachments: A. Location and Aerial Maps a B. Project Plans Date Stamped June 12, 2012 U C. Conditions of Approval o D. Mitigation Monitoring/Reporting Program E. Public Hearing Notice < IL C7 rn rn rn N N N n 0 CL d w w m in U IL N C d E L U A Q C N E L U R Q Packet Pg. 26 6.A.b ATTACHMENT A — LOCATION/ZONING MAP CITY OF SAN BERNARD/NO PLANNING DIVISION PROJECT: GPA 11-05 & CUP 11-16 HEARING DATE: 712512012 NORTH a E N_ 0 O RIALTO AVENUE Q Ln T a I 7 a Cn N r UT ST Project site i C Q -RS� ,_ t V Copyright MILL STREET IL ■ Packet Pg. 27 6.A.b ATTACHMENT A - LOCATION/ZONING MAP CITY OF SAN BERNARDINO PLANNING DIVISION PROJECT: GPA 11-05 & CUP 11-16 HEARING DATE: 7/25/2012 sue® 0 255 510 � m E _N O CL r_ G a RIALTO U Q a I rn ill N N N Z n O r w a U) U WALNUT a I ry Pro ect Site l , I � E F i I I MILL MILL Packet Pg. 28 CITY OF " ► • PROJECT:PLANNING DIVISION ► HEARING ► ► • ' •,�i � ...x..7:1 n1 '�N 't � 4S.y.�", '�' 4 . .v [1 P � ' '� �� I4 � .•��.4 F4 lA � . ` "1 1 y t ti( �• y... pT' 1 !IS• .� ;�� �' . . ad. a ' I F � n r I � '.I �4f • y . 1 il ATTACHMENT LaB vo'oNiaa�NI Sb311NVWSld inv amm � � wR w ? l § .. g e 1 55 F 1 Y Z R I $ ® u„ase I ...n+wn z i n a ? 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F Y$N 41OIQ b Y I i p Y ! affil $EIlp 3F !, pll €IYII�sC Ss �1 q!S$$6Sp . ?�1 la7b_ 0 0000000000000©00000 r IL D U N (L ® r [ 1 ._ _•_•_•_ t I l0 0,1 _u U) U °a I F J �€ w I R � LL N F Cf ~g ' I o n 4w Lc.o� E 1 3 wa Z naa7 � v�'oNloaONI SHUNVWSICI oin'd 31ddtl E°31�°l,gl,a.f OF311VA OOaVOIa:a3NMO aani�3iiN�av � Gof L m g � po-0000000ao m E O 7 Q d C z Q a Q 3 n u a y WW r of d a U p I N q17 o rm� r I r C7 m U P^ w if r � a to U CL N a ry Y E 0 co d 1,I' A ZZo O O O �Q O W � wi Of311VA O(38V018:Y3NMO I , 3anioaiiN�ar QQ�� VO'ON108VN839 NVS'HInOS 13381S AN1VM L 191'199 I IF `i l naaa Fl *:)NI Sb311NVWSIO oinv 31ddV YP Y m W 4- Ut Q o a Q CL LO r a r GV 0 O [ Inc.l m a' r r s+ O. V � k � U Ift 4 61 N 3 C v ,` p q ❑ �❑•Oi U I A I JJ \ ' D kA ` an I I e I •^' RR 0000 c o o ~O ge Ja W w Z �- �- N• Z lad 01 Packet Pg. 32 6.A.b NVS 9y9y N nOS 133UIS NNOIVM LM MS NVld 3dVOSONVI TLO1d33NC3 Ll 3 T diE 'ONI SM311NVNS1U OlOV 3lddtl 4 S a o 1 y § N R ii ii 9 }� i' Bs WA Z o 0� ® � i000000 Q , q a ir) ggg DNA �i i rn 0 7-- N _ N I tip O 5 NEUi • _ _ •I ` a E r i d i?t ,A e t C Q C Y i E Ml- IIYY ~ Packet Pg. 33 ATTACHMENT C CONDITIONS OF APPROVAL Conditional Use Permit 2 No. 11-16 1. All development shall be in substantial conformance to submitted plans date stamped June 12, 2012. c 2. Within two years of Conditional Use Permit approval, commencement of construction r shall have occurred or the permit approval shall become null and void. In addition, if 0 N after commencement of construction, work is discontinued for a period of one year, then o the permit approval shall become null and void. However, approval of the Development Permit does not authorize commencement of construction. All necessary permits must be a obtained prior to commencement of specified construction activities included in the o CL Conditions of Approval. m Expiration Date: 2 years from approval date of the GPA a 3. In the event this approval is legally challenged, the City will promptly notify the U applicant of any claim, action or proceeding and will cooperate fully in the defense of this o matter. Once notified, the applicant agrees to defend, indemnify and hold harmless the City of San Bernardino (City), any departments, agencies, divisions, boards or a commission of the City as well as predecessors, successors, assigns, agents, directors, © elected officials, officers, employees, representatives and attorneys of the City from any claim,action or proceeding against any of the foregoing persons or entities. The applicant further agrees to reimburse the City for any costs and attorneys' fees which the City may — be required by a court to pay as a result of such action, but such participation shall not relieve applicant of his or her obligation under this condition. N n The costs, salaries, and expenses of the City Attorney and employees of his office shall a be considered as "attorneys fees" for the purpose of this condition. As part of the m tr consideration for issuing this Conditional Use Permit, this condition shall remain in effect w if the Conditional Use Permit is rescinded or revoked, whether or not at the request of applicant. a 4. Prior to occupancy of any building, the applicant must post a bond to guarantee w maintenance and survival of project landscaping for a period of one year pursuant to 0 Section 19.30.230. s - U l6 5. The property owner(s), facility operator and property management will be responsible for a regular maintenance of the site. Vandalism, graffiti, trash and other debris must be removed within 24 hours of being reported. E L U 6. Signs are not approved as a part of this permit. Prior to establishing signs, the applicant =° must submit an application for approval by the Planning Division. a V Packet Pg. 34 A 11-06 of Approval 11-16 GPA 11-06&CUP 11-16 PC Date:July 25,2012 Page 2 7. Development of the project is subject to the attached mitigation measures in the Mitigation Monitoring/Reporting Program (MM/RP), incorporated by reference in these Conditions of Approval. rn c 8. The private pocket park must be installed with landscaping and irrigation in accordance with the conceptual landscape plan date stamped June 12, 2012, and must be maintained E by the applicant. The private pocket park must be gated. A 6-foot wrought iron fence 2 must be installed along the northerly and westerly property boundaries. The private park o must be open to the public during normal business hours and locked and secured after a business hours. CL c 9. Business hours of operation are limited to 7:00 a.m. to 5:00 p.m.,Monday—Saturday. m 10. The traffic route to the subject site must be Rialto Avenue to Muscott Street to Walnut Street. Operator shall inform all delivery companies of these restrictions. U 11. The Full-Categorical Water Quality Management Plan (WQMP) must be approved prior o to the issuance of permits. The overall project scope for the site will disturb more than an acre of land; therefore, a Storm Water Pollution Prevention Plan (SWPPP) will be a required prior to the issuance of permits. A "Notice of Intent (NOI)" must be filed with 0 the State Water Resources Control Board and a copy must be provided. 12. The detention basin must be designed in accordance with "Detention Basin Design Criteria for San Bernardino County." Double Ring Infiltrometer testing is required at each location of infiltration and must be performed at the elevation of infiltration. N r C 13. An Erosion Control Plan is required to be submitted with the grading plan for review and °o approval by the Director of Community Development prior to issuance of the grading permit. rn 14. The applicant must obtain a Grading Permit and submit a Grading Bond. Prior to a issuance of a Grading Permit, the applicant must submit for review and approval a N Grading and Drainage plan signed by a Registered Civil Engineer. The applicant must obtain an On-Site Improvement Permit. Prior to issuance of an On-Site Improvement E Permit, the applicant must submit for review and approval an On-site Improvement Plan signed by a Registered Civil Engineer. The on-site plan may be incorporated with the grading plan. a c 15. A reciprocal agreement must be recorded prior to Certificate of Occupancy to address E reciprocal drainage, access, and/or parking that is proposed to cross lot lines. a 16. The existing half-width right of way on Walnut Street is shown as 30 feet. The ultimate half-width right-of-way on Walnut Street is 34 feet. A right-of-way dedication of four �) feet is required. r/ Packet Pg. 35 © Conditions of Approval GPA 11-06&CUP 11-16 PC Date:July 25,2012 Page 3 17. The applicant must submit an Off-site Improvement Plan prepared by a Registered Civil Engineer for approval by the City Engineer. The following improvements must be shown on the plan: m i. Close all existing driveway approaches on Walnut Street that are _`- not a part of the approved site plan and replace with curb, gutter and sidewalks according to City standards. y 0 ii. The overhead utility lines along Walnut Street must be o undergrounded. a' m iii. Walnut Street must he rehabilitated to centerline along the project C frontage. 18. The applicant must submit a final Landscape and Irrigation plan for review and approval by the Land Development Division that is consistent with the preliminary landscape plan a. dated June 12, 2012. Prior to the Certificate of Occupancy, the applicant must install all 0 landscaping and irrigation per the approved Landscape and Irrigation Plan. o 19. Prior to application for Certificate of Occupancy, an easement and covenant must be a executed on behalf of the City to allow the City to enter and maintain any required landscaping in case of owner neglect. The documents must ensure that, if the property owner or subsequent owner(s) fail to properly maintain the landscaping, the City will be m 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 must be paid to the Community Development Department to cover processing N r; costs. r 0 CL 20. The applicant must submit electronic files of all public improvement plans/drawings to d the City Engineer. The files must be compatible with AutoCAD 2000, and include a .DXF file of the project. Files must be on a CD and must be submitted at the same time the final mylar drawings are submitted for approval. a 21. A Lot Merger will be required to form Parcel A as shown on the site plan. A separate Lot Merger will be required to form Parcel B a shown on the site plan. A Lot Line d Adjustment will be required to adjust the line to the location shown on the site plan. All E mergers and adjustments must be completed prior to application for Certificate of o Occupancy. a c 22. A Focused Traffic Study is required for this project and must be approved prior to the E approval of the Off-Site Improvement plans. m End of Conditions oJ'Approval Packet Pg. 36 ATTACHMENT D CL r � Z a x Y a C C y 0. � Wo IL ai OC 6. u u v O k ;d O GO e C Ll. o ^' d ° F ' qgo OA y 52 0 'S u n g • E 2p N o X N F-' N O O. � N m g r v c o ° id g 9 x °- o in C � pa w .iti vi C p • �° 0 u o g o� s u u U IL ao v a 3 W N .n ON d u p• 9 y C y u CC w Si0 u Q 6 u w O y .. c 'u =° uG Fo 5,° 1 .5 a a p 0',-o 3• um jg j . vpC V o o v C u h vv f v Lci yw �` � � o •O � � C w A u 0.� u y ? � V w a � A � a � � 9e5 � czW vp •� � a� ° .s ou qyq�+ 'O V rt O' ae z T T C Y L Q • a e s o � a o •a m o � C m M � N o a �A p •o a a av s � "s � v a v � � n U '2 c �n E o N llF^" O N V ri 0 O Q E 'u .E POV f0 av 3 3 ❑ a � � .p o •° Aw° a y v u > N o a .ro = s E n v p N o 'E n � � 3 „ c � v � a ;3 o a v -a s W v u � Z, a ,o u3 � v � .00 -° wq vs vu � v 'O U .yV Q 'aanryy , ,0 ON p a 0. d° E 'n � o ,an" � .o � = v � � v q ' N .� �. pp = 0 wv � mC . v, a. y0 N '-2y y .C� os N .vw C O p y i 0U >O G • yp v S .n E v O v O u PP u a lo: O O x v O p S& 0'.,o mdd O v a v .0 ° v "7a n d •J .v h gip°, ° u .5vvo ^ OA ovd2vpoav � �r a $ 0 ,a u o 0 o & w u°',a, ooFnoFn o � 5 � 5 °3Fn � °u Fn .5 vFn . 2FL � o � n 04 N Packet Pg. 38 c x s c e � � c Y C fi C fi C 0op N $0 H O a •� � bo � o � o ° d "s c en•.. eo... en - q a a v C b C y U N M 09 u IL u u n A 0 rn u u O O r 0 �o a• v 'd o pyp Bp u E " .� o .a v U CL zu ° 5o4; 5 's .� . mu v aocv y eo :. . 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G .5 � f7.1 x°�.� � � o .00 � vv ° OE 'o � o 'po5u � '� oo p E 'o o A Q a `" o w u R u 'a a •p o v � u o u >, � `° b M .+ N M Packet Pg. 41 Ow Q i o r fi �Aw O O C Y t C O 10 °9 Mn O 7 a °- 6 u a W V 0 CO N UJ � P. a G > oa° o v no &v ° y.S c c,.S a O 2 a: m V 2 V o 'y o w O rn m A a9 0 o p o v y E 0 y N w o ,c 4 N � F CV H u r a i O Q Q Q « u O N O r OU Ag o a y S By u cu .S QW n,' v osCQ !'. aci � H 8 `� ° v o u yy� ° w E Q 0 y u g A L q o.O M o I a 'vc .a � o � N6 Cc mod' y q 9 pppp tb LN v a u O . C p,O p � � C y C L v v .Q .S `� 0 � v o ` :$ sa ` N G F C Q p u p O Oyp S w O yw � ° o d u u ° O o © G Q C CL F� � E A .0 --a "E .S a Ow K N Y T = O O Z Z Z e Packet Pg.42 6.A.b CITY OF SAN BERNARDINO NOTICE OF PUBLIC HEARING BEFORE THE CITY OF SAN BERNARDINO PLANNING COMMISSION SUBJECT: GENERAL PLAN AMENDMENT NO. 11-05 & CONDITIONAL USE Ward No. 3 PERMIT NO. 11-16 m PROPOSAL: A request to change the land use district of approximately 10.23 acres from Residential Urbaz c (RU) to Industrial Heavy (IH) and establish an auto dismantling and salvage yard with retail parts sales on 10.21 R acres located at the south side of Walnut Street opposite of Artesian Avenue. E 0 0 OWNER: San Marcos South, LLC 5 APPLICANT: Ricardo Vallejo d a CL Environmental Recommendation: Proposed Mitigated Negative Declaration a PUBLIC HEARING LOCATION: HEARING DATE AND TIME: San Bernardino City Hall Council Chambers Wednesday, July 25, 2012 at 6:00 p.m. 300 North"D" Street v San Bernardino,California 92418 0 You are receiving this notice because the project site described above is within 500 feet of your property. If you would like further a information about this proposal prior to the public hearing, please C7 contact the Planning Division at(909)384-5057. wVJA 1ll111WllI11111111IL You are welcome to attend the public hearing and address the KIA Planning Commission with your comments on this proposal, or you may submit written comments in favor of or in opposition to the I proposal to the Planning Division, City Hall, 300 North "D" Street, N N San Bernardino,CA 92418. r— Y Decisions of the Planning Commission are final concerning 0 CL Conditional Use Permits,Development Permits,Tentative Tract Maps d and Variances, unless appealed to the Mayor and Common Council. Appeals to the Mayor and Council must be made in writing, stating ;a the grounds of the appeal and must be submitted to the City Clerk W along with the appropriate fee within fifteen days of the decision. U a Final review and action concerning General Plan Amendments, N Development Code Amendments, Specific Plans and Development 1 c Agreements will be made by the Mayor end Common Council. Project site E If you challenge the resultant action of the Mayor and Common Council in court,you may be limited to raising only those issues you Q or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Planning Division ® c at,or prior to,the public hearing. E E s Individual testimony on agenda items will be strictly limited to three -- - - - Y minutes per person. Q — :r--r—r— m�rrrrrtrn The City of San Bernardino recognizes its obligation to provide equal access to public services to those individuals with disabilities. Please comae Facilities Services(384-5244)two working days prior to the meeting with any requests for reasonable accommodation,to include interpreters. Packet Pg.43 eFRNARpr � JoFn Caure,Chair 5 .. Larry Heasley,Vice-Char g ` Lace Darr CITY OF SAN BERNARDINO F An elin S.Oahe" COMMUNITYDEVELOPMENT DEPARTMENT ,�,°' '`♦ Amelia Slopez Frederick crach.bb 300 North "D"Street, San Bernardino, California 92418 Dan c J... Phone:(909)384-505715071 • Far:(909)384-5080 Bob Brown,Alt. C C PLANNING COMMISSION MINUTES m REGULAR MEETING o JULY 25,2012 0 a VARIANCE NO. 12-03 ° CL CL a GENERAL PLAN AMENDMENT NO. 11-05 AND CONDITIONAL USE PERMIT NO. 11-16 TENTATIVE PARCEL MAP NO. 19356 (SUBDIVISION NO. 11-04) U 0 a a NOL c� m rn w m . o N N r O N 7 C U a M c m E U R a d £ U A Q Page 1 of 4 07/25/2012 Packet Pg. 44 OChair Conte called the meeting to order at 6:00 p.m. Commissioner Machen led the flag salute. Present: Commissioners Conte, Grochulski, Heasley, Lopez, Machen and Mulvihill. Excused: Durr and Jimenez. Absent: Brown. Staff present: M. Margo Wheeler, Community Development -a Director; Henry Empefio, Jr., Senior Deputy City Attorney; Tony Stewart, City Planner; Aron Liang; Senior Planner; Lori Farris,Assistant Planner; and Melissa Thurman,Executive Assistant. r E N ADMINISTRATION OF OATH o 0 Aron Liang administered the oath. d CONSENT AGENDA: C M. Margo Wheeler, Community Development Director, recommended the meeting minutes of June 27, 2012 for approval. d Commissioner Mulvihill made a motion to approve the meeting minutes of June 27,2012. O Commissioner Grochulski seconded the motion. a a The motion carved by the following vote: Ayes: Coute, Grochulski, Heasley, Lopez, Machen and Mulvihill.Nays: None. Abstain: None. Excused: Durr and Jimenez. Absent: Brown. PUBLIC COMMENTS - ITEMS NOT ON AGENDA w R No comments. o N r PUBLIC HEARINGS N r O 3. GENERAL PLAN AMENDMENT NO. 11-05 AND CONDITIONAL USE N m PERMIT NO. 11-16 — A request to change the land use district of approximately 10.23 acres from Residential Urban (RU) to Industrial Heavy (IH) and establish an auto dismantling and salvage yard with retail parts sales on 10.23 acres located at the a south side of Walnut Street opposite of Artesian Avenue. M Environmental Determination: Proposed Mitigated Negative Declaration r Owner: San Marcos South LLC E Applicant: Ricardo Vallejo APN: 0274-031-17, 18, 19 and 20 a Ward: 3 d E Aron Liang,Senior Planner, gave a brief description of the project. U a Chair Conte asked if two offices were necessary at the site. ! Ricardo Vallejo,Project Applicant, explained the business operations and discussed why two offices were necessary on-site. Page 2 of 4 07/25/2012 Packet Pg. 45 Commissioner Lopez asked how close the project site was to residential neighborhoods. Aron Liang explained where residential neighborhoods were in proximity to the site using the location map as a guide. rn Commissioner Lopez asked if there would be a lot of noise at the site. E Ricardo Vallejo said because of the size of the project site the noise would be contained. o 0 Commissioner Lopez asked if stored vehicles would b from the street. ¢' d CL Ricardo Vallejo said no. a Commissioner Lopez asked how many empl , s were expected to b Toyed at the _ facility. a z � m U Ricardo Vallejo said up to 25. o Vice-Chair Heasley asked if the applicant would be opposed to a condition requiring the a installation of an electric fence. C) Ricardo Vallejo said no. Mark Tomich, 650 N. La Cadena Dr. City of Colton, asked for a 30-day continuance due to the close proximity of City of Colton utilities to the project site. ° M. Margo Wheeler explained that the item was due to be presented to the Mayor and Common Council and four weeks would lapse before that would occur. y m Tom Mungari,Project Representative, said the City of Colton was originally notified of E the project in October of 2011. U a Nelson Miller, Project Representative explained the water quality study performed for the M project and pointed out various filters and drainage systems. d E L Reggie Torres, 650 N.La Cadena Dr. City of Colton, said no technical studies were R provided in 2011 and said the Water Quality Management Program was not included with the staff report. E Aron Liang said the documents were on the website and handed them the document. m a Vice-Chair Heasley made a motion to recommend that the Mayor and Common Council adopt the Mitigated Negative Declaration and Mitigation Monitoring/Reporting Program (Attachment D), and approve General Plan Amendment No. 11-06 and Conditional Use Permit No. 11-16 Page 3 of 4 07/25/2012 Packet Pg. 46 based on the Findings of Fact contained in the Staff Report and subject to the Conditions of fir•/ Approval (Attachment C), as amended. Commissioner Lopez seconded the motion. m G The motion carried by the following vote: Ayes: Coute, Grochulski,Heasley,Lopez, Machen and Mulvihill.Nays: None. Abstain: None. Excused: Durr and Jimenez. Absent: Brown. E 0 M. Margo Wheeler announced the project would be referred f e Mayor and Common o Council for final action on August 20, 2012. a' a+ CL NON-PUBLIC HEARING ITEMS a DIRECTOR'S REPORT CL M. Margo Wheeler announced Commissioner Mulvihill's American Planning Association Award — California Chapter for Distinguished Leadership which would be presented to him at c state conference in October. a Mario Suarez, Principal Planner, gave three presentations regarding General Plans and Zoning a c� laws. m rn ADJOURNMENT w Commissioner Mulvihill made a motion which was unanimously carried, to adjourn the 2 Planning Commission meeting at 8:08 p.m. The next regular meeting was scheduled for N Wednesday,August 22, 2012 at 6:00 p.m. in the Council Chambers, First Floor, 300 North"D" Street, San Bernardino, California. o N Minutes Adopted by Planning Commissioners: Date Approved: Minutes Prepared by: a. a M Melissa Thurman Executive Assistant E t U l6 a r v E L U A a Page 4 of 4 07/25/2012 Packet Pg.47 2 RESOLUTION NO. 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 4 SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 11-05 TO AMEND THE LAND USE DESIGNATION OF APPROXIMATELY 10.23 ACRES FROM 5 RESIDENTIAL URBAN (RU) TO INDUSTRIAL HEAVY (III) AND APPROVING 6 CONDITIONAL USE PERMIT NO. 11-16, TO ESTABLISH AN AUTO DISMANTLING AND SALVAGE YARD WITH RETAIL PARTS SALES ON 10.23 ACRES LOCATED AT THE SOUTH SIDE OF WALNUT STREET OPPOSITE OF ARTESIAN AVENUE, AND THE H $ MITIGATION MONITORING AND REPORTING PROGRAM. 0 9 Q 10 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY a I OF SAN BERNARDINO AS FOLLOWS: a 12 SECTION 1. Recitals. a 13 WHEREAS,the Mayor and Common Council of the City of San Bernardino adopted the General 14 Plan for the City by Resolution No. 2005-362 on November 1, 2005;and 15 WHEREAS, the application for General Plan Amendment No. 11-05 and Conditional Use Permit a a 16 No. 11-16 was reviewed under the California Environmental Quality Act (CEQA) through an Initial ;; rn 17 Study which found no significant adverse effects on the environment after incorporation of mitigation 18 measures; and 0 19 WHEREAS, the Mitigated Negative Declaration has been reviewed by the Environmental 'm 20 Review Committee,the Planning Commission, and the Mayor and Common Council in compliance with a rn 21 CEQA and local regulations; and °f 0 N 22 WHEREAS, the Planning Commission conducted a noticed public hearing on July 25, 2012, in m 23 order to receive public testimony and written and oral comments on General Plan Amendment No. 11- E r 24 05 and Conditional Use Permit No. I1-16, and fully reviewed and considered the Planning Division a 25 Staff Report and the recommendation of the Environmental Review Committee; and 26 WHEREAS, the Mayor and Common Council held a noticed public hearing on August 20, 2012, 27 and fully reviewed and considered proposed General Plan Amendment No. 11-05 and Conditional Use 28 Permit No. 11-16, the Planning Commission and Environmental Review Committee recommendations, and the Planning Division Staff Report, 1 Packet Pg. 48 I NOW, THEREFORE, BE IT RESOLVED, FOUND AND DETERMINED by the Mayor and 2 Common Council that: 3 SECTION 2. Mitigated Negative Declaration. 4 A. The proposed amendment to the General Plan of the City of San Bernardino will not have a 5 significant effect on the environment with incorporation of the proposed mitigation measures, and the 6 Mitigated Negative Declaration heretofore recommended by the Environmental Review Committee as to c r. C 7 the effect of this proposed amendment is hereby ratified, affirmed and adopted. E H s B. Mitigation measures identified in the Mitigated Negative Declaration have been compiled in 2 9 a Mitigation Monitoring and Reporting Program (MM/RP) for the project. The Mayor and Common ¢' d 10 Council hereby adopts the MM/RP attached as Exhibit C, and incorporated herein by reference. C 1 i SECTION 3. General Plan Amendment No. 11-05. e 12 A. General Plan Amendment No. 11-05 is hereby approved based upon the Findings of Fact a M 13 contained in the Staff Report to the Planning Commission dated July 25, 2012. V 0 14 B. The Land Use Map of the General Plan is hereby amended pursuant to General Plan 15 Amendment No. 11-05, to change the land use designation of approximately 10.23 acres from 16 Residential Urban (RU) to Industrial Heavy (IH) in the area outlined in Exhibit A, attached and 17 incorporated herein by reference. is C. General Plan Amendment No. 11-05 shall become effective upon the adoption and execution ,`o_ N 19 of this Resolution. 20 SECTION 4. Conditional UseSECTION 4. Conditional Use Permit No. 11-16No. 11-16. a 21 Conditional Use Permit No. 11-16 is hereby approved based upon the Findings of Fact a m zz contained in the Staff Report to the Planning Commission dated July 25, 2012, and subject to the c 23 Conditions of Approval as recommended for revision by the Planning Commission on July 25, 2012, r v 24 attached as Exhibit B to the Staff Report to the Mayor and Common Council, and incorporated herein by a 25 reference. 26 27 021 2 Packet Pg. 49 I SECTION 5. Map Notation. 2 This Resolution and the amendment affected by it shall be noted on such appropriate General 3 Plan maps previously adopted and approved by the Mayor and Common Council and which are on file 4 in the office of the City Clerk. 5 SECTION 6. Notice of Determination. 6 The Planning Division is hereby directed to file a Notice of Determination with the County Clerk V 7 of the County of San Bernardino certifying the City's compliance with the California Environmental 2 8 Quality Act in preparing the Initial Study/Mitigated Negative Declaration. G 0 9 Q to a 0. Q 12 a 13 U 14 15 Q a. t9 16 rn rn rn 17 18 c 0 .N 19 > W LY 20 rn rn 21 0 0 m 22 c 23 E L V 24 @ Q 25 26 27 28 3 Packet Pg. 50 I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN `s.. BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 11-05 TO AMEND THE LAND USE 2 DESIGNATION OF APPROXIMATELY 10.23 ACRES FROM RESIDENTIAL URBAN (RU) TO INDUSTRIAL 3 HEAVY (Hi) AND APPROVING CONDITIONAL USE PERMIT NO. 11-16, TO ESTABLISH AN AUTO DISMANTLING AND SALVAGE YARD WITH RETAIL PARTS SALES ON 10.23 ACRES LOCATED AT THE 4 SOUTH SIDE OF WALNUT STREET OPPOSITE OF ARTESIAN AVENUE, AND THE MITIGATION MONITORING AND REPORTING PROGRAM. 5 6 rn E I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 7 R $ Common Council of the City of San Bernardino at a E meeting thereof,held on the o 9 day of ,2012,by the following vote,to wit: a 10 Q Q u Council Members: AYES NAYS ABSTAIN ABSENT a MARQUEZ 12 JENKINS a 13 V VALDIVIA 14 SHORETT 1s a KELLEY 16 rn JOHNSON 17 MC CAMMACK 18 0 .N 19 > m 20 Georgeann Hanna, City Clerk 21 0 The foregoing resolution is hereby approved this day of 2012. d 22 C 23 d E t 24 Patrick J. Moms, Mayor a zs Approved as to form: City of San Bernardino JAMES F. PENMAN, 26 City A mey 27 By: 2s 4 Packet =9.51 6.A.e ATTACHMENT A — LAND USE MAP CITY OF SAN BERNARDINO PLANNING DIVISION PROJECT: GPA11-051 CUP 11-16 u HEARING DATE: 812012012 NORTH �j E / N . , RS J / o CL CL Ln It •^ a.. LI�LL O r Q a c� � r V RCH \� F ' PROJECT SITE a w o E L I � R M-IL•L—ST CnV OFCOLTON Copyright � HUFF Packet Pg. 52 E O O 7 Q d C. Q a r r IL U N O a m m rn CL A d N c m J Q L x w O N d C d E L V W a Packet Pg. 53 ATTACHMENT C CONDITIONS OF APPROVAL Conditional Use Permit 2 No. 11-16 1. All development shall be in substantial conformance to submitted plans date stamped June 12,2012. 2. Within two years of Conditional Use Permit approval, commencement of construction shall have occurred or the permit approval shall become null and void. In addition, if E after commencement of construction, work is discontinued for a period of one year, then ° 0 the permit approval shall become null and void. However, approval of the Development a Permit does not authorize commencement of construction. All necessary permits must be obtained prior to commencement of specified construction activities included in the a Conditions of Approval. a Expiration Date: 2 years from approval date of the GPA _ a 3. In the event this approval is legally challenged, the City will promptly notify the L) applicant of any claim, action or proceeding and will cooperate fully in the defense of this c matter. Once notified, the applicant agrees to defend, indemnify and hold harmless the City of San Bernardino (City), any departments, agencies, divisions, boards or a commission of the City as well as predecessors, successors, assigns, agents, directors, elected officials, officers, employees, representatives and attorneys of the City from any rn claim, action or proceeding against any of the foregoing persons or entities. The applicant �. further agrees to reimburse the City for any costs and attorneys' fees which the City may be required by a court to pay as a result of such action, but such participation shall not c relieve applicant of his or her obligation under this condition. E M The costs, salaries, and expenses of the City Attorney and employees of his office shall 'o be considered as "attorneys fees" for the purpose of this condition. As part of the c consideration for issuing this Conditional Use Permit, this condition shall remain in effect Q if the Conditional Use Permit is rescinded or revoked, whether or not at the request of o applicant. c 0 4. Prior to occupancy of any building, the applicant must post a bond to guarantee c maintenance and survival of project landscaping for a period of one year pursuant to U Section 19.30.230. m 5. The property owner(s), facility operator and property management will be responsible for x regular maintenance of the site. Vandalism, graffiti, trash and other debris must be W removed within 24 hours of being reported. E 6. Signs are not approved as a part of this permit. Prior to establishing signs, the applicant must submit an application for approval by the Planning Division. a Packet Pg. 54 Conditions of Approval GPA 11-06&CUP 11-16 PC Date:July 25,2012 Page 2 7. Development of the project is subject to the attached mitigation measures in the Mitigation Monitoring/Reporting Program (MM/RP), incorporated by reference in these Conditions of Approval. rn c 8. The private pocket park must be installed with landscaping and irrigation in accordance with the conceptual landscape plan date stamped June 12, 2012, and must be maintained E by the applicant. The private pocket park must be gated. A 6-foot wrought iron fence o must be installed along the northerly and westerly property boundaries. The private park o must be open to the public during normal business hours and locked and secured after Q business hours. CL CL Q 9. Business hours of operation are limited to 7:00 a.m. to 5:00 p.m.,Monday—Saturday. 10. The traffic route to the subject site must be Rialto Avenue to Muscott Street to Walnut Street. Operator shall inform all delivery companies of these restrictions. U N 11. The Full-Categorical Water Quality Management Plan (WQMP) must be approved prior ° to the issuance of permits. The overall project scope for the site will disturb more than an a acre of land; therefore, a Storm Water Pollution Prevention Plan (SWPPP) will be required prior to the issuance of permits. A "Notice of Intent (NOI)" must be filed with the State Water Resources Control Board and a copy must be provided. 12. The detention basin must be designed in accordance with "Detention Basin Design v Criteria for San Bernardino County." Double Ring Infiltrometer testing is required at c each location of infiltration and must be performed at the elevation of infiltration. E R R 13. An Erosion Control Plan is required to be submitted with the grading plan for review and c approval by the Director of Community Development prior to issuance of the grading a permit. a 0 0 14. The applicant must obtain a Grading Permit and submit a Grading Bond. Prior to c 0 issuance of a Grading Permit, the applicant must submit for review and approval a Grading and Drainage plan signed by a Registered Civil Engineer. The applicant must o obtain an On-Site Improvement Permit. Prior to issuance of an On-Site Improvement Permit, the applicant must submit for review and approval an On-site Improvement Plan m signed by a Registered Civil Engineer. The on-site plan may be incorporated with the grading plan. x W 15. A reciprocal agreement must be recorded prior to Certificate of Occupancy to address r reciprocal drainage, access, and/or parking that is proposed to cross lot lines. z U N 16. The existing half-width right of way on Walnut Street is shown as 30 feet. The ultimate a half-width right-of-way on Walnut Street is 34 feet. A right-of-way dedication of four - feet is required. Packet Pg. 55 Conditions of Approval GPA 11-06&CUP 11-16 PC Date:July 25, 2012 Page 3 17. The applicant must submit an Off-site Improvement Plan prepared by a Registered Civil Engineer for approval by the City Engineer. The following improvements must be shown on the plan: m i. Close all existing driveway approaches on Walnut Street that are c not a part of the approved site plan and replace with curb, gutter and sidewalks according to City standards. N 0 ii. The overhead utility lines along Walnut Street must be undergrounded. a d CL iii. Walnut Street must be rehabilitated to centerline along the project C frontage. 18. The applicant must submit a final Landscape and Irrigation plan for review and approval by the Land Development Division that is consistent with the preliminary landscape plan dated June 12, 2012. Prior to the Certificate of Occupancy, the applicant must install all landscaping and irrigation per the approved Landscape and Irrigation Plan. ° 19. Prior to application for Certificate of Occupancy, an easement and covenant must be 0. executed on behalf of the City to allow the City to enter and maintain any required landscaping in case of owner neglect. The documents must 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 must be paid to the Community Development Department to cover processing E costs. R m 20. The applicant must submit electronic files of all public improvement plans/drawings to a the City Engineer. The files must be compatible with AutoCAD 2000, and include a a .DXF file of the project. Files must be on a CD and must be submitted at the same time o the final mylar drawings are submitted for approval. c 21. A Lot Merger will be required to form Parcel A as shown on the site plan. A separate Lot Merger will be required to form Parcel B a shown on the site plan. A Lot Line v Adjustment will be required to adjust the line to the location shown on the site plan. All rn mergers and adjustments must be completed prior to application for Certificate of Occupancy. r X W 22. A Focused Traffic Study is required for this project and must be approved prior to the approval of the Off-Site Improvement plans. E V 23. (*) The applicant must construct a 12-foot fence with plastic slat of approximately 125 =° feet in length along the easterly property boundary to screen the 12-foot covered rack a storage located at the southeast corner of the property. t Packet Pg. 56 I Conditions of Approval GPA 11-06&CUP 11-16 PC Date:July 25,2012 Page 4 24. (*) The applicant must construct a 10-foot electric fence within the front yard setback. Construction of the electric fence must be consistent with Development Code Section 19.20.030 (8) (F),Electric Fences. rn c (*)Amended/added by the Planning Commission on July 25,2012. 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