HomeMy WebLinkAbout25-Development Services
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
Dept: Development Services
Subject: An appeal of the Planning Commission's
approval of Conditional Use Permit No. 07-15, a
request to expand an existing 129,794 square foot retail
commercial building by 41,644 square feet to a total of
171,438 square feet on approximately 15.13 acres
located on the north side of Highland Avenue at the
intersection with Boulder A venue, at 4210 East
Highland Avenue in the CG-I, Commercial General
land use district (Appeal No. 09-03)
MCC Date: January 4, 2010
From: Valerie C. Ross, Director
Date: December 7, 2009
Synopsis of Previous Council Action: None
Recommended Motion:
That the hearing be closed and that the Mayor and Common Council deny the appeal and uphold
the Planning Commission's approval of Conditional Use Permit No. 07-15 based on the Findings
of Fact in the Planning Commission Staff Report and Resolution.
~ 01 i(w---
Valerie C. Ross
Contact person: Aron Liang, Senior Planner
Phone:
3332
Supporting data attached:
Staff Report
Ward:
4
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.)
Acct. Description:
Finance:
Council Notes:
Agenda Item No. ~ B
l-Lf .UIO
CITY OF SAN BERNARDINO REOUEST FOR COUNCIL ACTION
STAFF REPORT
Subiect:
An appeal of the Planning Commission's approval of Conditional Use Permit No. 07-15, a
request to expand an existing 129,794 square foot retail commercial building by 41,644 square
feet to a total of 171,438 square feet on approximately 15.13 acres located on the north side of
Highland Avenue at the intersectionwith Boulder Avenue, at 4210 East Highland Avenue in the
CG-l, Commercial General land use district (Exhibit 1).
Applicant/Owner:
Wal-Mart Real Estate Business Trust
c/o: Jennifer Guenther
Gresham Savage Nolan & Tilden, PC
550 East Hospitality Lane, Suite 300
San Bernardino, CA 92408-4205
(909) 890-4499
Appellant:
Citizens for Responsible Equitable
Environmental Development (CREED)
c/o: Cory J. Briggs, Briggs Law Corporation
99 East "C" Street, Suite III
Upland, CA 91786
(909) 949-7115
Backl!:round:
The subject of the appeal (Exhibit 2) is the November 18,2009 Planning Commission approval
of Conditional Use Permit (CUP) No. 07-15, to expand the existing Walmart store located in the
Highland Avenue Plaza shopping center. The project would eliminate the existing Tire & Lube
Express, reconstruct and expand the existing garden center, expand the existing general
merchandise store to include a full line of groceries and expand store hours to 24 hours daily.
The Planning Commission Staff Report (Exhibit 3) contains a detailed project description.
The first motion made to approve the project failed on a vote of 3 to 4, with Commissioners
Eble, Rawls, and Sauerbrun voting in favor and Commissioners Coute, Heasley, Muiioz, and
Mulvihill voting against the motion. Commissioner Durr left the dais before the project was
presented, stating that he would abstain because he is employed by a competitor of Walmart.
Commissioner Longville was absent. A second motion to deny the project passed, 4 to 3, with
the same Commissioners voting for and against the project. The traffic impacts of the project, the
potential impacts of a 24-hour operation on public safety and the employment practices of
Walmart were stated as concerns by those who voted against the project. Chairman Sauerbrun
called for a brief recess for staff to draft findings for denial for consideration and further
discussion by the Planning Commission.
During the break, it was brought to the Chairman's attention that there were speakers who were
not called on during the public hearing. The meeting was called back to order, the public hearing
was re-opened, and several speakers addressed the Planning Commission, including Laura
Barbosa, the current Walmart store manager and Jennifer Guenther, the applicant's
representative. Ms. Barbosa and Ms. Guenther responded to the concerns stated by Planning
Commission members with details of security measures planned for the project and a statement
that 70% of the estimated 175 new jobs to be provided by the project would be full-time jobs,
meaning that the employees would work at least 34 hours per week and would receive full-time
benefits. It was also noted that traffic impacts of the project amount to only 3% of projected
traffic at the impacted intersections, and the project is required to mitigate its impact by paying
its fair share of the cost of improvements. The traffic impacts of the project are identified as
significant only because of the uncertainty of the timing of improvements.
2
The Planning Commission was satisfied with the security measures identified in the project
Environmental Impact Report (EIR) as adequate measures for typical operating hours, but there
were still concerns about 24-hour operations. The applicant then stated that a condition of
approval restricting the project to the current normal operating hours of 6:00 a.m. to II :00 p.m.
would be acceptable, Commissioner Coute, who had initially voted against the project, made a
motion to approve the project with an additional condition of approval specifying the security
measures detailed in the EIR and with a modified condition of approval to maintain the current
operating hours, The motion carried with Commissioners Coute, Eble, Heasley, Rawls and
Sauerbrun voting in favor, and Commissioners Muiioz and Mulvihill voting no.
The Planning Commission certified the EIR for the Highland Avenue Walmart Expansion
project; adopted the Mitigation Monitoring and Reporting Plan; adopted a Statement of Facts,
Findings and Overriding Considerations; and approved CUP No, 07-15 as recommended, with
modifications to the conditions of approval as noted.
A notice of the January 4, 2010 hearing was mailed to surrounding property owners on
December 21,2009. Notice was also published in the San Bernardino County Sun newspaper on
December 25,2009, 10 days in advance of the public hearing.
Appeal:
Appeal Application No, 09-03 (Exhibit 2) states that the approval of CUP No. 07-15 violated the
California Environmental Quality Act (CEQA) because the EIR is inadequate. No specific
contents of the EIR are cited and no specific reasoning is offered,
Conclusion:
The appeal in Exhibit 2 does not contain adequate information to support the request to overturn
the decision of the Planning Commission.
Financial Impact:
No cost to the City.
Recommended Motion:
That the hearing be closed and that the Mayor and Common Council deny the appeal and uphold
the Planning Commission's approval of Conditional Use Permit No. 07-15, based on the
Findings of Fact in the Planning Commission Staff Report and Resolution.
Exhibits:
I. Location Map
2. Appeal Application No. 09-03
3. Statement of Action, Staff Report and Resolution of the Planning Commission
3
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EXHIBIT 1
PLANNING DIVISION
CITY OF SAN BERNARDINO
LOCATION MAP
HEARING DATE: 01/04/10
PROJECT: Conditional Use Permit No. 07-15
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EXHIBIT 2
CITY OF SAN BERNARDINO
Developmellt Services Departmellt, Plallllillg Divisioll
300 North "D" Street, 3'd Floor
San Bernardino, CA 9241 8
Phone (909) 384-5057 . Fax (909) 384-5080
Web address: www,sbcity,org
6 ORIGINAL
APPLICA nON FOR APPEAL
A?04.-D~
APPEAL FROM A DECISION OF THE (check one)
o Development Services Director
o DcvelopmentlEnvironmental Review Committee
o Planning Commission
Case number(s): Conditional Use Permit No, 07-15/Planning Commission Agenda November 18, 2009
Project address: North side of Highland Avenue at intersection with Boulder Avenue
Appellant's name; Citizens for Responsible Equitable Environmental Development C/o ecrj ~.T. :er \,~~' lSr4j':l1o.", &f'
Appellant's address: 99 East "C" Street. Suite 111, Upland, CA 91786
Appellant's phone: 909-949-7115
Appellant's e-mail address:co<y@briggslawcorp.com
Contact person's name: Cory J. Briggs, Briggs Law Corporation
Contact person's address: 99 East "C" Street. Suite 111, Upland. CA 91786
Contact person's phone: 909-949-7115
Contact person's e-mail address:co<y@briggslawcorp.com
Pursuant to Section 19,52,100 of the Development Code. an appeal must be filed on a City application form
within 15 days following the final date of action, accompanied by the appropriate appeal filing fee,
Appeals are normally scheduled for a determination by the Planning Commission or Mayor and Common
Council within 30 days of the filing date of the appeaL You will be notified, in writing, of the specific date and
time of the appeal hearing,
OFFICE USE ONLY
Date appeal filed: ILl ot.f 2-""'"
Received by: ~~~ i3A~I/ J)'i.;w:....c- 1(",,0.'-
/ .
, ,\
;
11/04
REQUIRED INFOR.\1ATION FOR AN APPEAL
Specific action being appealed and the date ofthal action: Please see accompanying letter
Specific grounds for the appeal: Please see accompanying letter
Action sought: Please see accompanying letter
Additional information: Please see accompanying Jetter
Signature of appellant:
~.fWn,
, f
~ A-t'L f:,iIfl?)
Date: 12/02/09
2
11/04
BRIGGS LAW CORPORATION
Sail Diego Office:
5663 Balboa A vellue, No.3 76
Sail Diego, CA 92111-2705
Telepholle:858-495-9082
Facsimile: 858-495-9138
ltllalld Empire Office:
99 East "en Street, Suite J II
Uplalld, CA 91786
Telepholle: 909-949-7115
Facsimile: 909-949-7121
Please respOlld to: ltllOlld Empire Office
02 December 2009
BLC File(s): 1366.44
Honorable Mayor and City Council
City of San Bernardino
300 North "D" Street, 3'd Floor
San Bernardino, CA 92418
Re: November 18. 2009 Planning Commission Meeting Agenda Item 2: Conditional
Use Permit No. 07-15
Dear Honorable Mayor and City Council:
On behalf of Citizens for Responsible Equitable Environmental Development, I am writing
to appeal the above-identified matter by the Planning Commission at its meeting on November IS,
2009. The approval violated the California Environmental Quality Act ("CEQA") for the following
reasons: (i) the EIR fails to adequately describe the project (including its scope) and is based
on an inadequate description of the underlying project's design; (ii) the EIR fails to identify and
analyze all the potentially significant environmental impacts of the underlying project; (iii) the
mitigation measures fail to eliminate or avoid all potentially significant impacts; (iv) the EIR is not
supported with substantial evidence; and (v) the findings are not supported by substantial evidence.
My client reserves the right to assert other grounds in support of the appeal as more information is
obtained.
Please note that this appeal is being made entirely under CEQA. CEQA does not authorize
an appeal fee and entitles the public to appeal to the elected decision-making body as a matter of
right.
Thank you for giving this matter the attention it deserves.
Sincerely,
BRIGGS LAW CORPORA nON
~{~
Cory J. Briggs
Attorney for Appellant Citizens for Responsible Equitable
Environmental Development
99 East "C" Street, Suite III, Upland, CA 91786
909-949-7115
~ CITY OF SAN BERNARDINO
W' STATEMENT OF OFFICIAL PLANNING COMMISSION ACTION
EXHIBIT 3
PROJECT
Number: Conditional Use Permit No. 07-15
Owner/Applicant: Wal-Mart Stores
Description: A request to expand an existing 129,794 square foot retail commercial
building by 41,644 square feet to a total of 171,438 square feet on
approximately 15.13 acres located on the north side of Highland
Avenue at the intersection with Boulder Avenue, at 4210 East
Highland Avenue in the CG-l, Commercial General land use district.
ACTION: APPROVED
Meeting Date: November 18,2009
The Planning Commission independently reviewed, analyzed and exercised independent
judgment in its consideration of the Environmental Impact Report and in making its
determination and the Planning Commission adopted a Resolution to:
1. Certify the Environmental Impact Report for the Highland Avenue Wal-Mart Expansion
Project;
2. Adopt the Mitigation Monitoring and Reporting Plan (MMRP);
3. Adopt the Facts, Findings, and Statement of Overriding Considerations; and
4. Approve Conditional Use Permit No. 07-15 based on the Findings of Fact contained in
the Staff Report and subject to the Conditions of Approval (Attachment C), as revised
and Standard Requirements (Attachment D).
VOTE
Ayes:
Nays:
Abstain:
Absent:
Coute, Eble, Heasley, Rawls and Sauerbrun
Mulvihill and Mufioz
Durr
Longville
The decision of the Planning Commission is final unless a written appeal is filed, with the
appropriate fee, within 15 days of the Planning Commission action, pursuant to Section
19.52.1 00 of the Municipal (Development) Code.
I hereby certify that this Statement of Official Action accurately reflects the fmal determination
of the Planning Commission of the City of San Bernardino.
'7/F--LLI'
Terri Rahhal, Deputy Director/City Planner
) 1~~5~07
Date
cc: Case File, Department File, Plan Check, and Public Works/Engineering
PLANNING COMMISSION STAFF REPORT
CITY OF SAN BERNARDINO PLANNING DIVISION
CASE:
AGENDA ITEM:
BEARING DATE:
WARD:
Conditional Use Permit No. 07-15
2
October 28, 2009
4
OWNER/APPLICANT:
Wal-Mart Real Estate Business Trust
C/O: J. Kell,r Collier
200 I SE 10 Street
Bentonville, AR 72716-0550
479.273.8015
REQUESTILOCATION:
A request to expand an existing 129,794 square foot retail commercial building by 41,644 square
feet to a total of 171,438 square feet on approximately 15.13 acres located on the north side of
Highland Avenue at the intersection with Boulder Avenue, at 4210 East Highland Avenue in the
CG-I, Commercial General land use district.
CONSTRAINTS/OVERLAYS:
High Wind, Fire and Geological Hazards
ENVIRONMENTAL FINDINGS:
o Exempt from CEQA
o No Significant Effect
D Mitigation Measures and Mitigation MonitoringlReporting Program
~ Environmental lmpact Report (SCH No. 2007121072) Mitigation Measures, Mitigation
Monitoring Plan and Facts, Findings and Statement of Overriding Considerations
STAFF RECOMMENDATION:
1<1 Approval
1<1 Conditions
D Denial
D Continuance to:
PROJECT DESCRIPTION
CUP No, 07.15
October 28, 2009
Poge 2
Conditional Use Permit (CUP) No. 07-15 is a request under the authority of Development Code
Section 19.06.030, Table 06.01 to expand an existing 129,794-square foot commercial/retail
building by 41,644 square feet to 171,438 square feet on approximately 15.13 acres located at the
northwest comer of Highland Avenue and Frontage Road, at 4210 East Highland Avenue in the
CG-I, Commercial General land use district (Attachments A & B).
The project site consists of 4 parcels with a combined area of approximately 15.13 acres. The
project site contains an existing Wal-Mart store of approximately 129,794 square feet, which
includes 124,812 square feet of interior uses (general merchandise/ancillary/stockroom uses) and
4,982 square feet of exterior uses (garden center), that was constructed in 1992.
The applicant proposes to expand the existing Wal-Mart store by 41,644 square feet. The
proposed expansion would occur to the east, west and south of the existing building. Expansion
to the east would include demolition of existing structures including a 5,170 square foot Tire &
Lube Express, a 4,982 square foot garden center, a two-bay loading dock and a parking lot to
accommodate a 41,644 square foot expansion with parking, landscaping and a truck turn-around
area. Expansion to the west would include removal of a landscaped area to construct a parking
lot, a driveway for truck deliveries and a two-bay loading dock. Expansion to the south would
include adding a new store front, store entrances and ADA access upgrades. The expansion
would increase the existing Wal-Mart store by 32 percent, from 129,794 square feet to 171,438
square feet. Below is a summary of the proposed floor area expansion:
Store CompOnent
General Merchandise
Grocery
Grocery Support
Ancillary
Stockroom Receiving
Garden center
Total:
Existing Store
94,224 sq. ft.
n/a
n/a
10,910 sq.ft.
124,812 sq.ft.
4.982 sa.ft.
129,794 sq.ft.
PrOpOsed Store
98,054 sq.ft.
29,525 sq.ft.
6,866 sq.ft.
9,685 sq.ft.
161,011 sq.ft.
10.427 sa.ft.
171,438 sq.ft.
The existing Wal-Mart parking lot currently provides 732 parking stalls. The proposed expansion
would add 22 parking stalls to the project site, increasing the total to 754 stalls. The proposed
expansion would be completed in 3 phases with Phase I expanding to the west, Phase 2
expanding to the east and Phase 3 expanding to the south. All construction areas would be fenced
with a 6-foot temporary chain-link fence. Access to the project site would remain open at all
times to provide convenient access for customers (Attachment B). The hours of operation would
be 24 hours, seven days per week.
SETTING/SITE CHARACTERISTICS
The project site is located within the Highland Avenue Plaza shopping center, which is located at
the northeastern end of the San Bernardino city limits, at the intersection of Highland and
Boulder Avenues. The project site contains an existing Wal-Mart store, which occupies the
CUP No, 07-15
October 28, 2009
Page3
eastern portion of the shopping center. The project site is generally bounded by the Highland
Avenue Plaza to the west in the CG-I, Commercial General land use district, the Mountain
Shadows Mobile Home Community to the north in the RU, Residential Urban land use district,
North Frontage Road to the east and Boulder Avenue to the south in the City of Highland.
CALIFORNIA ENVIRONMENTAL OUALITY ACT (CEOA)
Michael Brandman Associates was retained by the project applicant to prepare environmental
documents for the proposed project, under the direction of City staff. On December 6, 2007, the
DevelopmentlEnvironmental Review Committee (D/ERC) approved release of a Notice of
Preparation (NOP) of an Environmentallmpact Report (EIR) for public review from December
12,2007 through January 11,2008. During the NOP review period, a scoping meeting was held
on January 9, 2008. Six comments were received from responsible agencies in response to the
NOP. The comments have been noted and addressed in the EIR.
Upon completion of the Draft EIR, the Notice of Completion (NOC) was sent to the Governor's
Office of Planning and Research State Clearinghouse and circulated for public review from
March 19, 2009, to May 4, 2009. The City received coinments from Department of Toxic
Substances Control, California Native American Heritage Commission, City of Highland, San
Bernardino Valley Municipal Water District and San Manuel Band of Mission Indians.
Complete responses have been provided in the Final EIR. The Final EIR (EIR) is comprised of
the Draft EIR and appendices, comments and responses, textual revisions to the Draft EIR and
the Mitigation Monitoring and Reporting Plan (MM/RP).
The EIR identifies the following unavoidable significant environmental impacts:
Noise:
The EIR concludes that implementation of the proposed project would result in significant
constniction noise impacts on nearby residences. Construction noise mitigation is proposed that
would require the project applicant to implement noise reduction measures and practices during
construction, including limited hours of construction from 7:00 a.m. to 7:00 p.m., Monday
through Saturday. However, even with mitigation, construction noise impacts will remain
significant and unavoidable.
Transoortation:
Implementation of the proposed project would create significant near-term intersection
operational impacts and significant long-term intersection operational impacts. Intersections at
Highland and Boulder Avenues, Boulder Avenue and Pacific Street and Boulder Avenue and
Baseline Street are forecast to operate at unacceptable levels. Although the project applicant will
be, required to contribute fair share contributions toward installation of traffic signals and
additional lanes that would mitigate traffic impacts, there are no approved funding sources to
construct/install all required improvements. The near-term and long-term traffic impacts will
remain significant and unavoidable.
CUP No, 07-15
October 28, 2009
Page 4
BACKGROUND
On October 29,1991, the Planning Commission approved Conditional Use Permit No. 91-26 to
construct a shopping center with 310,283 square feet of retail space and four restaurants totaling
18,000 square feet, Variance No. 91-16 to allow wall signs for major tenants to exceed code
requirements and Development Agreement No. 91-02 to govern the development of the shopping
center. The existing Wal-Mart store construction within the Highland Avenue Plaza shopping
center was completed in 1992.
The Development/Environmental Review Committee (D/ERC) initially reviewed the proposed
Wal-Mart expansion project on May 7, 2007. The item was continued for preparation of
environmental documents. On December 6, 2007, the D/ERC approved release a Notice of
Preparation (NOP) of an Environmentallmpact Report (ErR) and continued the item for public
review. On March 12,2009, the D/ERC approved release the Draft EIR for public review and on
October 8, 2009, the D/ERC approved release the Final EIR and moved the item to Planning
Commission for consideration.
ANALYSIS
The project applicant proposes to expand an existing Wal-Mart store located in the Highland
Avenue Plaza shopping center. The proposed expansion would involve demolition of existing
structures, including the Tire & Lube Express, an outdoor garden center, a two-bay loading dock,
a parking lot, and a landscaped area in order to construct a 41,644 square foot commercial/retail
addition. The proposed expansion plan is consistent and compatible with the original
construction and development standards of the CG-I land use district The proposed project will
accommodate a full line, of groceries in addition to the current general merchandise and a
McDonald's inside the store. The proposed project will provide employment opportunities and
expanded shopping convenience for local residents. The hours of operation are expected to be 24
hours, 7 days per week. The following site design analysis illustrates the project compliance with
Development Code regulations, standards and guidelines.
Access
There are five entrances to the project site. The main entrance is located on Highland A venue at
Boulder Avenue (signalized full access). The remaining entrances are on Highland Avenue (one
unsignalized left-in, right-in, right-out access & one unsignalized right-in, right-out access) and
Piedmont Drive (two unsignalized full access entries). All existing access points are proposed to
remain unchanged, to maintain convenient access to the project site.
Architecture
The proposed expansion has been designed to complement the existing shopping center, in
compliance with architectural design guidelines pursuant to Development Code Section
19.06(G)(9). The design elements feature an accent wainscot, trellises, projections and columns.
The proposed finish materials and colors would enhance the existing shopping center as well as
the existing Wal-Mart store.
CUP "'0 07-15
October 28. 2009
Page 5
TABLE A - Develonment Code/General Plan Conformance
CATEGORY PROPOSAL DEVELOPMENT CODE GENERAL PLAN
CommerciallRetail Building Permitted subject to Consistent
Permitted Use Conditional Use Permit
Height 25 feet 30 feet 12 stories max. N/A
Setbacks
- Front 10 feet 10 feet N/A
- Side 35 feet (minimum) o feet (*) N/A
- Rear 20 feet (minimum) o feet (*) N/A
- Side Street N/A 10 feet N/A
Landscaping 23,5% (83,940 sq. ft.) 15% N/A
Lot Coverage 25,9% 50% (max.) N/A
Parking 673 spaces (min.)
- Standard 754 spaces N/A
- Handicap 19 spaces 15 spaces
(*) Except if adjacent to a residential land use district, the minimum setback shall be 10 feet.
FINDINGS AND ANALYSIS
1. The proposed use is conditionally permitted within. and would not impair the integrity
and character of the subject land use district, and complies with all of the applicable
provisions of the Development Code,
The proposed expansion of a general merchandise store with indoor concessions is
permitted subject to a Conditional Use Permit in the CG-I, Commercial General land use
district. The proposed project design is compatible with the existing commercial
buildings in the Highland Avenue Plaza shopping center. The proposed project complies
with development standards of the CG- i district, as stated in Section 19.06.030, Table
06.02 of the Development Code and as summarized in Table A of the staff report.
Therefore, the proposal would not impair the integrity and character of the CG-l,
Commercial General land use district.
2, The proposed use is consistent with the General Plan.
The proposed expansion of an existing general merchandise store with indoor concessions
is consistent with the purpose of the CG-lland use district, as stated in Table LU-2 in the
Land Use Element of the General Plan, which describes the purpose of the CG-Iland use
district as providing a variety of local and regional serving retail, personal service and
related commercial uses. The proposed project is consistent with numerous General Plan
policies discussed in detail in Table 4.7-2 of the Draft Environmental Impact Report for
the Highland Avenue Walmart Expansion Project. The following are key General Plan
policies implemented by the proposed project:
CUP 1\0, 07-15
October 28. 2009
Page 6
Economic Development Policy 4.1.1 - Proactively seek out and retain businesses that
create jobs and generate sales tax revenue.
Economic Development Goal 4.5 - Identify and attract new employment typeslland uses
that complement the existing employment clusters and foster long-term economic growth.
Economic Development Policy 4.5.2 - Maintain and enhance commercial regional cores
and economically sound community-serving commercial concentrations by attracting new
regional outlets, maintaining the existing regional retail base, and stabilizing the future
regional retail base.
Land Use Policy 2.2.1 - Ensure compatibility between land uses and quality design
through adherence to the standards and regulations in the Development Code and policies
and guidelines in the Community Design Element.
3. The approval of the Conditional Use Permit for the proposed use is in compliance with
the requirements of the California Environmental Quality Act (CEQA) and Section
19,20,030(6) of the Development Code,
An Environmental Impact Report (EIR) (SCH No. 2007121072) was prepared to analyze
all potential impacts related to approval of the Conditional Use Permit in compliance
with CEQA requirements and Section 19.20.030 (6) of the Development Code.
Mitigation measures formulated to reduce potential impacts on aesthetic resources, air
quality, biological resources, geologic hazards, hazardous materials, hydrology and water
quality, noise, public services and, utilities, and transportation/traffic are recommended as
conditions of approval of the project, to be implemented through the proposed Mitigation
Monitoring and Reporting Plan. Findings of Fact and a Statement of Overriding
Considerations are proposed for adoption also in accordance with CEQA.
4, There will be potentially significant negative impacts upon environmental quality and
natural resources that could not be properly mitigated and monitored.
The ErR identifies significant environmental impacts of the proposed project, relating to
construction noise and transportation/traffic that cannot be mitigated to less than
significant levels. The Planning Commission may determine, in accordance with CEQA,
that the economic, social, and other benefits of the project outweigh the unavoidable
adverse environmental impacts, and it may therefore approve the project despite the
significant and unavoidable environmental impacts. A Statement of Facts, Findings and
Overriding Considerations is proposed for the Planning Commission to consider for
adoption in its review of the project. The proposed overriding considerations include
economic growth and employment opportunities, improved convenience in the provision
of additional and complementary goods & services in an existing shopping center and
additional sales tax and property tax revenues to be generated by the project.
CL'P No, 07-/5
October 28, 2009
Page 7
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 be located and will not create significant noise, traffic or other
conditions or situations that may be objectionable or detrimental to other permitted uses
in the vicinity or adverse to the public interest, health, safety, convenience, or welfare of
the City.
The location, size, design and operating characteristics are consistent with provisions of
the Development Code and will be compatible with the existing and future land uses
within the general area and will not be detrimental to other permitted uses in the vicinity.
The proposed expansion is compatible with the existing and future land uses within the
surrounding area. The proposed project will provide convenient commercial goods and
services for residents of the surrounding area. The project will operate in a manner
consistent with the Development Code and the conditions of approval. Therefore, no land
use conflict is anticipated to result from the construction and operation of the proposed
development.
6. The subject site is physically suitable for the type and density/intensity of use being
proposed.
The site is physically suitable for the proposed expansion of an existing commercial
building. The site is an existing shopping center, and the proposed expansion plan and
related on-site improvements conform to all applicable development standards as
illustrated in Table "A" of the staff report. Therefore, the site if physically suitable for the
proposed land use.
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?
Existing facilities and infrastructure are available and already exist on the project site to
provide adequate public access, public utilities, and public services for the proposed
project. The proposed project complies with development standards and design guidelines
of the Development Code, which ensure that the project would not be detrimental to
public health and safety.
CONCLUSION
The proposed Wal-Mart Expansion Project satisfies all findings of Fact required for approval of
Conditional Use Permit No. 07-15.
CUP No, 07-/5
October 28. 2009
Poge 8
RECOMMENDATION
Staff recommends that the Planning Commission independently review, analyze and exercise
independent judgment in its consideration of the Environmentallmpact Report and in making its
determination and that the Planning Commission adopt the Resolution to:
I. Certify the Environmental lmpact Report for the Highland Avenue Wal-Mart
Expansion Project;
2. Adopt the Mitigation Monitoring and Reporting Plan (MMRP);
3. Adopt the Facts, Findings, and Statement of Overriding Considerations; and
4. Approve Conditional Use Permit No. 07-15 based on the Findings of Fact contained
in the Staff Report and subject to the Conditions of Approval (Attachment C) and
Standard Requirements (Attachment D).
Respectfully Submitted,
YwMiJ C, f?~
Valerie C. Ross
Director of the Development Service Department
Attachment A
Attachment B
Attachment C
Attachment D
Attachment E
Location Map
Site Plan/Floor PlanslElevationslPhasing Plans
Conditions of Approval
Standard Requirements
Mitigation Monitoring and Reporting Plan
Resolution
Exhibit 1 - Final Environmentallmpact Report*
Exhibit 2 - Facts, Findings and Statement of Overriding Considerations
Exhibit 3 - Planning Commission Staff Report dated October 28, 2009
*The Final EIR, distributed on a CD, is also posted on City Web Site. "" ",sheil' ,"r~ and is
comprised of the following:
Draft Environmental Impact Report (EIR) and Appendices
Comments on the Draft EIR and Responses to Comments
Textual Revisions to the Draft ElR
Mitigation Monitoring and Reporting Plan (MMIRP)
ATTACHMENT A
PLANNING DIVISION
CITY OF SAN BERNARDINO
LOCATION MAP
HEARING DATE: 10/28/09
PROJECT: Conditional Use Permit No. 07.15
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ATTACHMENT C
CONDITIONS OF APPROVAL
Conditional Use Permit No. 07-15
I. This approval is for expansion of an existing 129, 794-square foot retail
commercial building by 41,644 square feet to a total floor area of 171,438 square
feet on approximately 15.13 acres located at the northwest comer of Highland
Avenue and Frontage Road, at 4210 East Highland Avenue in the CG-I,
Commercial General land use district. The expansion will be completed in 3
phases with Phase 1 expanding to the west, Phase 2 expanding to the east and
Phase 3 expanding to the south. All construction areas shall be fenced with a 6-
foot temporary chain-link fence. Access to the project site shall remain open to
provide normal access to the site during construction. The normal hours of
operation will be 21 B8lll'S 6:00 a.m. to 11:00 I).m.. seven days per week.
2. Within two years of development 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
this application does not authorize cO:rDmencement of construction. All necessary
permits must be obtained prior to commencement of specified construction
activities included in the Conditions of Approval and Standard Requirements.
EXPIRATION: October 28,2011
3. The review authority may, upon an application being filed 30 days prior to the
expiration date and for good cause, grant a one-time extension not to exceed 12
months. The review authority shall ensure that the project complies with all
current Development Code provisions.
4. 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), the Economic Development
Agency of the City of San Bernardino (EDA), any departments, agencies,
divisions, boards or commission of either the City or EDA as well as
predecessors, successors, assigns, agents, directors, elected officials, officers,
employees, representatives and attorneys of either the City or EDA 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 the 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.
Conditions of Approval CUP No, 07-15
Hearing Date: 10.28.09
Page 2
As part of the consideration for issuing this permit, this condition shall remain in
effect if this Conditional Use Permit is rescinded or revoked, whether or not at the
request of applicant.
5. Construction shall be in substantial conformance with the plan(s) approved by the
Director, Development Review Committee, Planning Commission or Mayor and
Common Council. Minor modification to the plan(s) shall be subject to approval
by the Director through a minor modification permit process. Any modification
which exceeds 10% of the following allowable measurable design/site
considerations shall require the refiling of the original application and a
subsequent hearing by the appropriate hearing review authority if applicable:
a On-site circulation and parking, loading and landscaping;
b. Placement and/or height of walls, fences and structures;
c. Reconfiguration of architectural features, including colors, and/or modification
of finished materials that do not alter or compromise the approved theme; and,
d. A reduction in density or intensity of a development project.
6. No vacant, relocated, altered, repaired or hereafter erected structure shall be
occupied or no change of use of land or structure(s) shall be inaugurated, or no
new business commenced as authorized by this permit until a Certificate of
Occupancy has been issued by the Department. A temporary Certificate of
Occupancy may be issued by the Department subject to the conditions imposed on
the use, provided that a deposit is filed with the Department of Public Works prior
to the issuance of the Certificate, if necessary. The deposit or security shall
guarantee the faithful performance and completion of all terms, conditions and
performance standards imposed on the intended use by this permit.
7. This approval is subject to all the applicable provisions of the Development Code
irr effect at the time of approval. This includes Chapter 19.20 - Property
Development Standards, and includes: dust control during construction and
grading activities; emission control of fumes, vapors, gases and other forms of air
pollution; glare control; exterior lighting design and control; noise control; odor
control; screening; sign regulations, off-street parking and off-street loading
standards, and vibration control. Any exterior structural equipment, or utility
transformers, boxes, ducts or meter cabinets shall be-architecturally screened by a
wall or structural element, blending with the building design, and may include
landscaping when on the ground.
8. Signs are not approved as a part of this permit. Prior to establishing any new
signs or replacing existing signs, the applicant shall submit an application, and
receive approval of a sign permit from the Planning Division.
9. Signs or banners shall not be placed on or over the roof or within landscaped
areas. Banners and other signs for special events (i.e., grand opening) will require
a Temporary Sign Permit to be approved by the Planning Division prior to
installation. Signs and banners shall not encroach into the public right-of-way.
Conditions oj Approval CUP No, 07-/5
Hearing Date: 10.28,09
Page 3
10. No painted window signs, roof signs, permanent sale or come-on signs shall be
permitted at this site.
II. The landscape plan shall include one 24" box tree for every four surface parking
spaces, consistent with the requirements of Section 19.24.060(6)(8) and Chapter
19.28 of the Development Code.
12. The applicant shall post a bond in an amount equivalent to the cost oflandscaping
including landscape installation and one year of maintenance service. This shall
be accomplished on a project basis or by phase of construction. The purpose of
the bond is to ensure that all landscaping survives the planting process and last for
a period of at least one year. The bond will be released no sooner than one year
after issuance of the Final Certificate of Occupancy and only after such time as
the survival of the landscaping has been verified by City staff.
13. All lighting fixtures shall be shielded to confine lights within the site only.
14., All exterior lighting shall be energy efficient with provisions to lower or reduce
usage when the store is closed. Signage may be required to be turned off when the
business is closed.
15. All public telephones shall be located inside the building and shall be fixed for
outgoing calls only.
16. The applicant shall be responsible for regular maintenance of the project site.
Vandalism, graffiti, trash and other debris shall be removed and cleaned up within
24 hours.
17. Any equipment, whether on the roof, side of structure, or ground shall be screened
as per Development Code requirements.
18. If the color(s) of any buildings are proposed to be modified after construction, the
revised color scheme shall be reviewed and approved by the Planning Division
prior to painting.
19. The project applicant shall contact Public Services at 909.384.5335 to obtain a list
of approved debris haulers.
20. This approval shall comply with the requirements of other outside agencies (i.e.,
San Bernardino County Health Department, Division of Environmental Health
Services, and California Board of Equalization), as applicable.
21. Outdoor displays and/or storage shall be prohibited, except as approved on project
plans. Products displayed or stored outdoors shall be properly secured.
Conditions of Approval CUP No, 07-15
Hearing Date: 10.28,09
Page 4
22. The followinll security measures outlined in the Proiect Description. Section 3,2.8
of the Draft EIR shall be implemented concurrent with the expansion proiect and
shall continue on an on-Iloinf! basis:
a. Conduct a risk analvsis (crime survev) of the area to evaluate the security
needs for the store and implement a security plan based upon this analvsis.
b, Install closed-circuit camera svstems (surveillance cameras) inside and
outside the store.
c. Establish a parkinrI lot patrol for store areas. which assists customers.
ensures safety. and takes action to identify and prevent anv suspicious activity
(such as 10iterinrI and vandalism) both durinll the dav and durinf! nillhttime
hours.
d. Establish a plainclothes patrol inside the store to ensure safety and security.
e. Establish a Risk Control Team of associates responsible and trained to
identify and correct safety and security issues at the site.
f Provide lillhtinf! in the parkinf! areas that will ensure lJUblic safety.
g Prohibit consumption of alcohol in the parkinf! lots bv havinrI associates
rerIUlarlv "ootrol" the parkinll areas while collectinf! shoppinf! carts. and
re/JOrt anv inappropriate activity to the store manarIers.
23. Submittal requirements for permit applications (building, site improvements,
landscaping, etc.) to Building Plan Check and/or Public Works/Engineering shall
include all Conditions of Approval and Standard Requirements issued with the
Planning approval to be printed on the plan sheets.
24. This project is subject to all Mitigation Measures contained in the Mitigation
Monitoring and Reporting Plan, hereby incorporated by reference as conditions of
approval.
25. No final Certificate of Occupancy shall be issued until all conditions of approval
have been completed. Temporary Certificates of Occupancy may be issued for
each phase of building construction.
26. This permit or approval is also subject to Attachment D, the conditions or
requirements of the following City Departments or Divisions:
a. Public Works Division
b. Building Plan Check Division
c. Fire Department
.. SR'ike6Nt and underline text denotes tJekli81'15 and additions by the Planning
Commission 11118109.
End of Attachment C
ATTACHMENT D
CITY OF SAN BERNARDINO
Development Services Department - Public Works Division
Standard Requirements
DescriDtion: A request to expand the existing 124,812 square foot
commercial/retail building by 46,626 square feet on approximately 15.13
acres of land.
ADDlicant: Nasland Engineering
APN: 1199-671-21,22,27 & 28
Location: 4210 Highland Avenue
Case Number: CUP 07-15
1. Drainaae and Flood Control
a) All necessary drainage and flood control measures shall be subject
to requirements of the City Engineer, which may be based in part
on the recommendations of the San Bemardino County Department
of Transportation and Flood Control. The developer's Engineer
shall furnish all necessary data relating to drainage and flood
control.
b) A local drainage study will be required for the project. Any drainage
improvements, structures or storm drains needed to mitigate
downstream impacts or protect the development shall be designed
and constructed at the developer's expense, and right-of-way
dedicated as necessary.
c) All drainage from the development shall be directed to an approved
public drainage facility. If not feasible, proper drainage facilities
and easements shall be provided to the satisfaction of the City
Engineer.
d) If site drainage is to be outletted into the public street, the drainage
shall be conveyed through a parkway culvert constructed in
accordance with City Standard No. 400. Conveyance of site
drainage over the Driveway approaches will not be permitted.
Project: A reQuest to exnand the existin. 124.812 SQuare foot commercial/retail buildin. by 46.626 SQuare
feet on annToxirnately 15,13 acres ofland,
Case No. CUP 07-15
Page 2 of9
e) A Full Categorical Water Quality Management Plan (WQMP) is
required for this project. The applicant is directed to the City's web
page at www.sbcitV.oro- Departments - Development Services -
Public Works for templates to use in the preparation of this plan.
t) A Storm Water Pollution Prevention Plan (SWPPP) will be required.
The applicant is directed to the City's web page at www.sbcitV.oro
_ Departments - Development Services - Public Works for
templates to use in the preparation of this plan.
g) The City Engineer, prior to issuance of any permit, shall approve
the WQMP and the SWPPP.
h) A "Notice of Intent (NOI)" shall be filed with the State Water Quality
Control Board for construction disturbing 1 acre or more of land
(including the project area, construction yards, storage areas, etc.).
i) The City Engineer, prior to grading plan approval, shall approve an
Erosion Control Plan. The plan shall be designed to control erosion
due to water and wind, including blowing dust, during all phases of
construction, including graded areas which are not proposed to be
immediately built upon.
2. GradinQ and LandscapinQ
a) The site/plot/grading and drainage plan shall be signed by a
Registered Civil Engineer and a grading permit will be required.
The grading plan shall be prepared in strict accordance with the
City's "Grading Policies and Procedures" and the City's "Standard
Drawings", unless otherwise approved by the City Engineer.
b) If more than 5 trees are to be removed from the site, a tree removal
permit conforming to the requirements of Section 19.28.090 of the
Development Code shall be obtained from the Department of
Development Services-Planning Division prior to issuance of any
grading or site development permits. '
c) If more than 5,000 cubic yards of earthwork is proposed, the
grading shall be supervised in accordance with Section 3317.2 of
the California Building Code.
d) The applicant must post a grading bond prior to issuance of a
grading permit. The amount of the bond is to be determined by the
City Engineer.
e) If the grading plan indicates export or import, the source of the
import material or the site for the deposition of the export shall be
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Pro;ecl: A reauesl 10 exoand the exisrin. 124.812 sauare fool commerciaVretail buildin. bv 46.626 sauare
feel on aooroximalelv 15,13 acres ofland,
Case No, CUP 07-15
Page 3 of9
noted on the grading plan. Permit numbers shall be noted if the
source or destination is in the City of San Bernardino.
f) If more than 50 cubic yards of earth is to be hauled on City Streets
then a special hauling permit shall be obtained from the City
Engineer. Additional conditions, such as truck route approval,
traffic controls, bonding, covering of loads, street cleaning, etc. may
be required by the City Engineer.
g) An on-site Improvement Plan is required for this project. Where
feasible, this plan shall be incorporated with the grading plan and
shall conform to all requirements of Section 15.04-167 of the
Municipal Code (See "Grading Policies and Procedures").
h) Wheel stops are not permitted by the Development Code, except at
designated accessible parking spaces. Therefore, continuous 6"
high curb shall be used around planter areas and areas where
head in parking is adjacent to walkways. The parking spaces may
be 16.5' deep and may overhang the landscaping or walkway by
2.5'. Overhang into the setback area or into an ADA path of travel
(minimum 4' wide) is not permitted.
i) Continuous concrete curbing at least 6 inches high and 6 inches
wide shall be provided at least 3 feet from any wall, fence, property
line, walkway, or structure where parking and/or drive aisles are
located adjacent thereto. Curbing may be left out at structure
access points. The' space between the curb and wall, fence,
property line, walkway or structure shall be landscaped, except as
allowed by the Development Review Committee.
j) The refuse enclosure(s) must be constructed in accordance with
City Standard Drawing No. 508. The minimum size of the refuse
enclosure shall be 8 feet x 15 feet, unless the- Public Services
Department, Refuse Division, approves a smaller size, in writing.
Where a refuse enclosure is proposed to be constructed adjacent
to spaces for parking passenger vehicles, a 3' wide by 6 " high
concrete planter shall be provided to separate the enclosure from
the adjacent parking. The placement of the enclosure and design
of the planter shall preclude the enclosure doors from opening into
drive aisles or impacting against adjacent parked cars. The
number and placement of refuse enclosures shall conform to the
location and number shown on the site plan as approved by the
Development Review Committee, Planning Commission or City
Council.
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Project: A reQueSI 10 exoand the existin. 124.812 SQuare fool commercial/retail buildin. bv 46.626 SQuare
feel on aooroximalelv 15,13 acres ofland,
Case No, CUP 07-15
Page 4 of9
k) Retaining walls, block walls and all on-site fencing shall be
designed and detailed on the on-site improvement Plan. This work
shall be part of the on-site improvement permit issued by the City
Engineer. All masonry walls shall be constructed of decorative
block with architectural features acceptable to the City Planner.
I) This project is located in the high wind zone. All walls and fences
shall be designed to withstand 100 mph winds. All construction
details shall be included on the appropriate plan. Structural
calculations shall be provided for City review.
m) No construction on a site shall begin before a temporary/security
fence is in place and approved by the City Engineer or his
designee. Temporary/security fencing may not be removed until
approved by the City Engineer or his designee. The owner or
owner's agent shall immediately remove the temporary/security
fencing upon the approval of the City Engineer or his designee.
Sites that contain multiple buildings shall maintain the
temporary/security fencing around the portion of the site and
buildings under construction as determined by the City Engineer or
his designee. All temporary/security fencing for construction sites
shall include screening, emergency identification and safety
identification and shall be kept in neat and undamaged condition.
n) The on-site improvement plan shall include details of on-site
lighting, including:
. light location,
. type of poles and fixtures,
. foundation design,
. conduit location, material and size, and
. number and size of conductors in each conduit run.
. Photometric plot shall be provided which show that the
proposed on-site lighting design will provide:
. 1 foot-candle of illumination uniformly distributed over the
surface of the parking lot during hours of operation, and
. 0.25 foot-candles security lighting during all other hours.
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Project: A reauest to exoand the exisrino 124.812 sauare foot comrnerciaVretail buildino bv 46.626 sauare
feet on aooroximatelv 15,13 acres ofland,
Case No. CUP 07-15
Page 5 of9
o} The design of on-site improvements shall also comply with all
requirements of The California Building Code, Title 24, relating to
accessible parking and accessibility, including retrofitting of existing
building access points for accessibility, if applicable.
p) An accessible path of travel shall be provided from the public way
to the building entrance. All pathways shall be concrete paved and
shall provide a minimum clear width of 4 feet. Where parking
overhangs the pathway, the minimum paved width shall be 6.5 feet.
q} Where an accessible path of travel crosses drive aisles, it shall be
delineated by textured/colored concrete pavement, unless
otherwise approved by the Development Review Committee.
r} A Lot Merger is required for this project. The applicant is directed to
the City's web page at www.sbcitv.ora- Departments -
Development Services - Public Works for submittal requirements.
s} The project Landscape Plan shall be reviewed and approved by the
City Engineer prior to issuance of a grading permit. Submit 5
copies to the Engineering Division for Checking.
t) Prior to occupancy of any building, the developer shall post a bond
to guarantee the maintenance and survival of project landscaping
for a period of one year.
u} The public right-of-way, between the property line and top of curb
(also known as "parkway") along adjoining streets shall be
landscaped by the developer and maintained in perpetuity by the
property owner. Details, of the parkway landscaping shall be
included in the project's on-site landscape plan, unless the parkway
, area is included in a Landscape and Lighting Maintenance District,
in which case, a separate landscape plan shall be provided,
v) All electrical transformers located outdoors on the site, shall be
screened from view with a solid wall or landscaping and shall not
be located in any setbacklright-of-way area. If the transformer
cannot be screened, it shall be located in an underground vault
unless approved by the City Engineer pursuant to Section
19.30.110.
w) An easement and covenant shall be executed on behalf of the City
to allow the City to enter and maintain any required landscaping in
case of owner neglect. Upon request, the Real Property Section
will prepare documents for execution by the property owner. The
documents shall ensure that, if the property owner or subsequent
owner(s) fail to, properly maintain the landscaping, the City will be
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Proieet: A reauesllo eXDand the existino 124.812 sauare fool eorronereialltera;! bui!dino bv 46.626 sauare
feel on aDDroxlmale!v 15,13 acres ofland,
Case No, CUP 07-15
Page 6 of9
able to file appropriate liens against the property in order to
accomplish the required landscape maintenance. A document-
processing fee in the amount established by ordinance shall be
paid to the Real Property Section to cover processing costs. The
property owner, prior to plan approval, shall execute this easement
and covenant unless otherwise allowed by the City Engineer.
Applicable to Commercial, industrial and multi-family development
only.
3. Utilities
a) Design and construct all public utilities to serve the site in
accordance with City Code, City Standards and requirements of the
serving utility, including gas, electric, telephone, water, and sewer.
b) Each parcel shall be provided with separate water and sewer
facilities so the City or the agency providing such services in the
area can serve it.
c) Backflow preventers shall be installed for any building with the
finished floor elevation below the rim elevation of the nearest
upstream manhole.
d) Sewer main extensions required to serve the site shall be
constructed at the Developer's expense.
e) This projectis located in the sewer service area of the East Valley
Water District; therefore, any necessary sewer main extension shall
be designed and constructed in accordance with requirements of
the East Valley Water District.
f) Utility services shall be placed underground and easements
provided as required.
g) A street cut permit, from the City Engineer, will be required for utility
cuts into existing streets.
h) All existing overhead utilities adjacent to or traversing the site on
either side of the street shall be placed underground in accordance
with Section 19.20.030 (non-subdivisions) or Section 19.30.110
(subdivisions) of the Development Code.
i) Existing Utilities which interfere with new construction shall be
relocated at the Developer's expense as directed by the City
Engineer, except overhead lines, if required by provisions of the
Development Code to be undergrounded. See Development Code
Section 19.20.030 (non-subdivisions) or Section 19.30.110
(subdivisions).
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Proiect: A reauest to eXDand the existine 124.812 sauare foot commercial/retail buildine bv 46.626 souare
feet on aDDroximatelv 15,13 acres ofland,
Case No, CUP 07-15
Page 70f9
j) Sewers within private streets or private parking lots will not be
maintained by the City but shall be designed and constructed to
City Standards and inspected under a City On-Site Construction
Permit. A private sewer plan designed by the Developer's Engineer
and approved by the City Engineer will be required. This plan can
be incorporated in the grading plan, where practical.
4. Street ImDrovement and Dedications
a) All public streets and public easements within and adjacent to the
development shall be improved to City standards. Improvements
shall include combination curb and gutter, paving, access ramps,
street lights, sidewalks, and appurtenances, including, but not
limited to relocation of public or private facilities which interfere with
new construction and striping. All improvements shall be
accomplished in accordance with the City of San Bernardino
"Design Policies and Procedures" and City "Standard Drawings,"
unless otherwise approved by the City Engineer.
b) If the existing sidewalk and/or curb & gutter adjacent to the site are
in poor condition, the sidewalk and/or curb & gutter shall be
removed and reconstructed to City Standards. Curb & Gutter shall
conform to Standard No. 200, Type "B" and sidewalk shall conform
to Standard No. 202, Case "A" (6' wide adjacent to curb), unless
otherwise approved by the City Engineer.
c) At all curb returns within and adjacent to the project site, construct
accessible curb ramps in accordance with Caltrans Standards to
comply with current ADA accessibility requirements. Dedicate
sufficient right-of-way at the corner to accommodate the ramp.
d) Construct Driveway Approaches per City Standard No. 204, Type
II, including an accessible by-pass around the top of the drive
approach. Remove existing driveway approaches that are not part
of the approved plan and replace with full height curb & gutter and
sidewalk.
e) If a radius type Driveway Approach is used in lieu of the standard
drive approach the throat of the driveway shall be paved in colored
textured concrete.
5. ReQuired EnaineerinQ Plans
a) A complete submittal for plan checking shall consist of:
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Project: A reauest to excand the existin2 124.812 sauare foot conunerciallreta;l buildin2 bv 46.626 sauare
feet on aOtlroximatelv 15,13 acres ofland,
Case No, CUP 07-15
Page 8 of9
. street improvement plans (may include street lights or street
lighting may be separate plan),
. signing and striping plan (may be on sheets included in street
improvement plan),
. lighting (on-site lighting may be included in on-site improvement
plan or may be on a separate stand-alone plan),
. grading (may be incorporated with on-site improvement plan).
. on-site landscaping and irrigation.
. other plans as required. Piecemeal submittal of various types of
plans for the same project will not be allowed.
. All required supporting calculations, studies and reports must be
included in the initial submittal (including but not limited to
drainage studies. soils reports, structural calculations)
b) The rough grading plan may be designed and submitted in
combination with the precise grading plan.
c) All improvement plans submitted for plan check shall be prepared
on the City's standard 24" x 36" sheets. A signature block
satisfactory to the City Engineer or his designee shall be provided.
d) After completion of plan checking. final mylar drawings. stamped
and signed by the Registered Civil Engineer in charge, shall be
submitted to the City Engineer for approval.
e) Electronic files of all improvement plans/drawings s;,all be
submitted to the City Engineer. The files shall be compatible with
AutoCAD 2000, and include a .DXF file of the project. Files shall
be on a CD and shall be submitted at the same time the final mylar
drawings are submitted for approval.
f) Copies of the City's design policies and procedures and standard
drawings are available at the Public Works Counter for the cost of
reproduction. They are also available at no charge at the Public
Works Web Site at htto:/lwww,sbcitV.oro
6. ReQuired EnaineerinQ Permits
a) Grading permit.
b) On-site improvements construction permit (except buildings - see
, Development Services-Building Division). including landscaping.
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Proiect: A reauest to expand the existin2 124.8 t 2 sauare foot conunerciallretail buildin2 bv 46.626 sauare
feet on approximately 15.13 acres ofland,
Case No, CUP 07-15
Page 9 of9
c) Off-site improvement construction permit.
7. Applicable Enaineerina Fees
a) All plan check, permit, inspection, and impact fees are outlined on
the Public Works Fee Schedule. A deposit in the amount of 100%
of the estimated checking fee for each set of plans will be required
at time of application for plan check. The amount of the fee is
subject to adjustment if the construction cost estimate varies more
than 10% from the estimate submitted with the application for plan
checking.
b) The current fee schedule is available at the Public Works Counter
and at htto://www.sbcitv.orq
c) Expeditious plan review is available. A non-refundable fee in the
amount of 125% of the estimated plan check fee for each set of
plans will be required at time of application for expedited plan
check. The amount of the fee is subject to adjustment if the
construction cost estimate varies more than 10% from the estimate
submitted with the application for plan checking.
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City of San Bernardino
STANDARD REQUIREMENTS
Development Services/Plan Check Division
~
Property Address:
DRC/CUP!DP:~U Po7.,,/~
DATE: ocl: e&, ~?
NOTE: NO PLANS WILL BE ACCEPTED FOR PLAN CHECK
WITHOUT CONDITIONS OF APPROVAL IMPRINTED ON PLAN
SHEETS.
Submit 6 sets of plans, minimum size 18" x 24", drawn to scale. If plan check is for expeditious
review, submit 6 sets. The plans shall include (if applicable):
. SITE PLAN (include address & assessors parcel number)
. FOUNDATION PLAN
. FLOOR PLAN (label use of all areas)
. ELEVATIONS
. ELECTRICAL, MECHANICAL & PLUMBING PLANS
. DETAIL SHEETS (structural)
. CROSS SECTION DETAILS
. SHOW COMPLIANCE WITH TITLE 24/ACCESSIBILlTY (disabled areas)
. PLAN CHECK DEPOSIT FEE WILL BE REQUIRED UPON SUBMITTAL OF PLANS.
CALL DEVELOPMENT SERVICES (pLAN CHECK) FOR AMOUNT. NUMBER TO
CALL: (909) 384-5071
1. The title sheet of the plans must specify the occupancy classification, type of construction, if the
building has sprinklers and the current applicable codes.
2. The person who prepares them must sign the plans. Also, provide the address and phone
number of that person. Some types of occupancies require that the plans are prepared,
stamped and signed by an architect, engineer or other person licensed by the State of
California.
3. For structures that must include and engineers design, provide 2 sets of stamped/wet signed
calculations prepared by a licensed architect/engineer.
300 N'D' Sttee!
San Bernardino. CA 92418
(909) 384-5071 Office
(909) 384-5080 Fax
4. Provide 2 sets of Title 24/Energy compliance forms and calculations. Some compliance forms
are required to be printed on the plans.
5. Submit grading, site and/or landscape plans to Public WorkslEngineering for plan check
approval and permits. For more information, phone (909) 384-5111.
6. Fire sprinklers plans, fire suppression system plans, etc. shaD be submitted to the Fire
Department for plan check approval and permits. For information, phone (909) 384-5388.
7. Signs require a separate submittal to the Planning Division for plan check approval and
permits. For information, phone (909) 384-5057.
8. Restaurants, food preparation facilities and some health related occupancies will require
clearances and approved plans from San Bernardino County Health Department. For
information, phone (909) 387-0214.
9. Occupancies that include restaurants, car washes, automotive repair/auto body, dental offices,
food preparation facilities or processing plants, etc. may require approvals and permits from
San Bernardino Water Reclamation. For information, phone (909) 384-5141.
10. An air quality permit may be required. Contact South Coast Air Quality Management Division
for information at (909) 396-2000.
11. State of California Business & Professions Code/Contractors License Law requires that permits
can be issued to licensed contractors or owner-builders (that are doing the work). Contractors
must provide their State License Number, a city business registration and workers
compensation policy carrier and policy number. Owner-builders must provide proof of
ownership.
NOTE: PLAN CHECK TIME ON THESE TYPES OF PROJECTS IS
APPROXIMA TEL Y 4-6 WEEKS FOR FIRST CORRECTIONS. EXPEDITIOUS REVIEW IS
APPROXIMATELY 10 WORKING DAYS. THE DEVELOPMENT REVIEW PROCESS IS
NOT THE BUILDING PLAN CHECK AND DOES NOT IMPLY THAT THE DESIGN AS
SUBMITTED WILL BE APPROVED WITHOUT CORRECTIONS.
Comments:
300 N_ 'D' Street
San Bem~dino, CA 92418
(909) 384-507\ Office
(909) 384-5080 fax
47.1 a [;"
GENERAL REQUIREMENTS:
i Provide one addiUonal set 01 construction plans to Building and Safety for Fire Department use at time of plan check.
Contact the City of San Bernardino Fire Department at (9C9) 384.5585 lor specific detailed requirements.
The dev~r Sh,all provide for adequate fire !low. Minimum fire, flow requi.rements Sh~1I be baSe.<1 on SQuare footage, construction features. and exposure
informatIOn supplied by the developer and I!ll!!! ce available Dnor to placing combustible matenaJs on site.
CITY OF SAN BERNARDINO FIRE DEPARTMENT
STANDARD REQUIREMENTS Case: c!...vp 01./:7
Date: ,q.. <0. ocr
Reviewed By: ~
0t:;J/L.A- lit?
01/AU'tAM]
WATER PURVEYOR FOR FIRE PROTECTION:
\l7"f The tire protection water service for the area 01 thIs prOle~ is provided by:
f"<~ San Bernardino Municipal Waler Department-Engmeerlng {')09) 384.5391
East Valley Water District-Engineenng (909) 888-8986
o Other Water purveyor:
F UBLlC FIRE PROTECTION FACiliTIES: , " '
[u Publk: tire hydrants afe reqUIred along streets at mtervals not to exceed 300 feet for commercial and multI-residential areas and at Intervals not to exceed
500 feet for residential areas.
Fire hydrant minimum flow rates 011.500 gpm at a 20 psi minimum residual pressure are required for commercial and multi-residential areas. Minimum fire
hydrant flow rates of 1,000 gpm at a 20 psi minimum residual pressure are required tor residential aroas.
Fire hydrant type and specific location shall be jointly delennined by the City oj San Bernardino Fire Department in conjunction with the water purveyor. Fire
hydrant malertals and installation shall conform to the standards and specifications 01 the water purveyor.
C Public fire hydrants, fire services, and pubhc water facIlities necessary to meet Fire Dapartment requirements are the developer's financiaJ responsibility and
shall be installed by Ihe water purveyor or by !he develcper at the water purveyor's discro1ion. Contact the water purveyor indicated above lor additionat
information.
Phone:
ACCESS:
o Provide twO separate, dedic3ted r0utns .-;1 mgress/egress to the property entrance. The routes shall be paved, all weather.
'fA Provide an access road to each building tor fire apparatus. Access roadway shall have an all-weather driving surface of not less than 20 feet of unob-
structed Width.
~ Extend roadway to witnin 150 ;E'~t olail port:ans )1 tre .-:xtericr wall of all 'iingle:-lor'1 buildings.
o Extend roadway 10 wlthm 50 fe,>! oj! tn," e-..:t~nor ,.,.all:...! all rf'utlple-stcni c'J,jrjir-;s.
K!'" ProVide "NO PARKING- sIgns ....hene'lcr parKing 01 vehicles wou:d p'~s:slble 'eaur.:e U',e clearance at access rcadways to less than the required Width. Stgns
~ are to read ~FIRE LANE-NO PARKING-M.C. Soc, 15,16".
o Dead-end streets shall nol exct.':e,j :)CC laet In length and shall have d '1llnlmUm ,1(; ',Jot racil>s turnarQund.
[J The names of any new streets (,pubiiC ,:;or oriv~te) 'ihall be submlttdd to the Fire Oeprtment lor approval.
SITE:
o
o
All access roads and streets Jre '0 l:rl ";uil,;!(ucted .:ir.Q uS.lt:le pr:or 10 ccmbL.:stlhlli! (,~:n;;~r...:;:licn.
Private fire hydrants shall be iT's~")lled to protect each blJilding located rr.ore than 150 f>o:ct IrCIT f....~ curb li'1e. :'JI) fire hydrants should be WIthin 40 feet of any
exterior wall. The hydrants shall ce W9t BArrel type; ,.,ith :me 2/~ inch ,Jna 4 inch .:'ut:t::l, and ,,~proJed t-y ttie Fire Department. Areas adjacent to fire
hydrants shall be designated as a "NO PARKING" zone by painting an 8 Inch v.ice, :17d st:i~e ror 15 leet in each direction in front oHhe hydrant in such a
manner that II will not be blocked bv parkAd v~;;.cles. L.:~tenng 10 te in ....hite 6" by ~2".
;tILDINGS:
, Address numerals shall be 'nsta:lad G" ,M~ bUII,jlrJ a; lne :ront or otner a~l='r'J\;>d locapcn In Suetl oil manr.er as to be visible tram the frontage street. Com-
mercial and multi family addrdss liulnerals _.,r.~;j t'e t :nr:hes laU, single family addresi; nUfT'c,rals :;h...i1 De 4 inches tall. The color of the numerals shaJl con-
trast 'Nith the ecior of the bach:grOlWJ.
o Identify each gas and electnc 1'1'Jldr .....1[1"1 f1",i:! .1'lIrb~' .Jl ,r_~ c:u, It 3--;)r',rs.
U- Fire extinguishers must be installed eric' to :r:a I>}IJI:dlOoj ceir,g OCC'Jpi~j. 7;16 If.ll;imtJrn r;J, ,'g I,"}( ,,'":y f:re qxtingUlsher is 2A 10BlC. Minimum distribution of
~ fire extinguishers must be suet' '(1';"( f.O ,,'!gnor c~:'t:f !re b...:ldmg is O'fer 75 ;~e: tr,;v'1! <;11". .1n,:~ fr')r1 a lire extinguisher.
o Apartment houses '''''1Ih 16 or mare uOlt:>>, '-;,1(<:15 j:'lc:~I~i _"it'1 20 or mC'c~ I;~its, -:lr apil:1: ~,<;1; .!:; or hc:cls (motels) three stories or more in height shall be
~ equipped with automatic f]re sprinkler!> _~$1'_!"'.:?,1 :r; ~;FF-A ..tarlJ.;1.15
All bui,ldings, over 5,000 "iquam 'e.:l, .,t. _ld ~,e ,j'--i;..:"cJ;:;(,...! '.'lith C!'1 ciutcma1:C [', a ,:;piinkar .iy!>T<;:rl1 df,s:gned to NFPA ':;Iandards. ThIS includes exisring buildings-
vacant over 365 days. ..
~Submlt plans lor ,r,e lire crct<:.:~~.;n . ,.'_'c,~ .) '1-<"' ,.,:, 1~~O~"~:'2~: r ':r:,: 1):-,;::",:~';1g '~Gnstruct:Qn .)1 lr~ S\ ~t8r"i. '=';rr'dl reqUired.
.....Ten~nt I~provements In all ;V,r.Kle~ti;,j h_.li 'j;:-:~s ;l~':~) te, ~H::prc',o:;d oJ\' ::"'';;: Fire Cepnltmerlt_ prior ~o tl~t1 ,.;t ':\J:\5!rUC,tIOn. Permit required.
ProVide fire alarm (r8qUlrod tt-:"'Jlj';hc';tl. -.'1"3 f!1:..st:'::e ~;:;pro"ed bl iile rl:<: 'Jepart'Tlent prior to st.".rt .:.,llr.staJlatlon ?':!rmit reqUired.
~ire Department connection iO "';fll'l-ier'; ~,..;!r"..'~!3r"ipli:le .iYSI€ITJ, shall ~e I~Quired at Fife Department ,~pproved to\:alion.
ire Code Permit required, apply .J: 2'--,u t.:ilst Jrd ~Ire~t, i909,\ 384-::i338.
Fire Sprinkler monitvring requirF:ll. _>"(\-5 ,...,.,;! ~:~ 3~pr0'.'&iJj / ~1"l1 Fl1,~ Ccpartrllent prier 10 tr.e '.italt (J! COIlSlllJclicn_ Fermit required.
Occupant Load.
Note; The applicant must ceql;as1. ir-".;'lIin.j, <tll)'" 0:1 .;:l';~s to F:re Dopartment reqUirements.
AOOITIONAL INFOAMATION_ !~_ f !<(;,JL~CV:K~( /SsvrJ:)ro;:./~_I=~_O /LS-,Af!2.:f-'
rp8 1:~ lOJ-"'31
ATTACHMENT E
City of San Semardino . Highland Avenue W.lman expansion Project
AdministRtive Fin.' E1R
Mitigation Monitoring and Reporting Plan
SEqTIQN'4;.~IlL..G.MlQKMQ.Nlt0B1..Nq~Q:~f9R.t!N~~P~~:~~~:
4.1 . Introduction
The following mitigation monitoring and reporting plan (MMRP) will help assure that the mitigation
measures contained in the Draft Environmental Impact Report (EIR), and as modified in this Final
EIR, are properly implemented according to State law, This MMRP identifies measures incorporated
into the Project that reduce its potential environmental impacts, the entities responsible for
implementation and monitoring of mitigation measures, and the appropriate timing for
implementation of mitigation measures, As described in Section 15097 of the State California
Environmental Quality Act (CEQA) Guidelines, this MMRP employs both reporting on and
monitoring of Project mitigation measures,
The objectives of the MMRP are to:
. Assign responsibility for, and ensure proper implementation of, mitigation measures;
. Assign responsibility for, and provide for monitoring and reporting of compliance with
mitigation measures; and
. Provide the mechanism to identify areas of non-compliance and the need for enforcement
action before irreversible environmental damage occurs,
The MMRP for the Project is presented in the following Section (Section 4.2), Specific mitigation
measures identified in the Final EIR, mitigation timing, and implementation and reporting/monitoring
responsibilities are presented in this section in Table 4,2-1.
4.2. Mitigation Monitoring and Reporting Plan
As the Lead Agency, the City of San Bernardino (City) is responsible for ensuring full compliance
with the mitigation measures adopted for the project The County will monitor and report on all
mitigation activities. If, during the course of Project implementation, any of the mitigation measures
identified cannot be successfully implemented, the City shall immediately inform any affected
responsible agencies. The City, in conjunction with any affected responsible agencies, will then
determine if modification to the project is required. andlor whether alternative mitigation is
appropriate. Table 4.2-1 presents the implementation plans for the proposed mitigation measures for
the Highland Avenue Walmart Expansion project
Michael Brandman A.socl.,..
H.,ClimrJ0.47 \2619000S_SecQ4.00 FEIR MMRP.doc
4-1
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2
RESOLUTION NO. 2009-01
RESOLUTION OF THE CITY OF SAN BERNARDINO PLAl"'NING COMMISSION
3 ADOPTING THE FACTS, FINDINGS AND STATEMENT OF OVERRIDING
4 CONSIDERATIONS, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT
REPORT, ADOPTING THE MITIGATION MONITORING Al"'D REPORTING
5 PLAN AND APPROVING CONDITIONAL USE PERMIT NO. 07-15 FOR THE
6 HIGHLAND AVENUE W AL-MART EXPANSION PROJECT.
7 SECTION L RECITALS
8 (I) WHEREAS, the Planning Commission of the City of San Bernardino
9
("City") adopted the General Plan for the City by Resolution No. 2005-362 on
10
11
12
November I, 2005; and
(2)
WHEREAS, 'Michael Brandman Associates, retained by the project
13 applicant and working under the direction of City staff, prepared an Initial Study for the
14 proposed Highland Avenue Wal-Mart Expansion Project ("Project"); and
15
(3)
WHEREAS, on December 6, 2007, the Environmental Review
16 Committee determined that the Highland Avenue Wal-Mart Expansion Project could
17
18
have significant effects on the environment, and thus warranted the preparation of an
Environmental Impact Report pursuant to the California Environmental Quality Act
19
20
(CEQA); and
21
(4)
WHEREAS, the Notice of Preparation of the City to prepare a Draft
22 Environmental Impact Report was made known to the public, responsible agencies and
23
24
other interested persons for their concerns and comments from December 12, 2007
through January II, 2008 as required by CEQA; and
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27 to solicit public comments on the preparation of the Draft EIR; and
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(5)
WHEREAS, on January 9, 2008 the City Held a public scoping meeting
2
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1 Project, were rejected as infeasible, based on specific economiC, social, or other
2 considerations as set forth in the Facts, Findings and Statement of Overriding
3 Considerations, attached to this Resolution as Exhibit 2 and incorporated herein by
4
5
F. The Planning Commission has given great weight to the significant
6
7 unavoidable adverse environmental impacts. The Planning Commission finds that the
8 significant unavoidable adverse environmental impacts are clearly outweighed by the
9 economic, social, cultural, and other benefits of the Highland Avenue Wal-Mart
10 Expansion Project, as set forth in the Facts, Findings and Statement of Overriding
11
Considerations.
12
G. The findings contained in the Facts, Findings and Statement of Overriding
13
14 Considerations with respect to the significant impacts identified in the Final EIR are true
15 and correct, and are based upon substantial evidence in the record, including documents
reference.
16 comprising the Final EIR.
17 H. The Final Environmental Impact Report, Mitigation Monitoring and
18 Reporting Plan, and the Facts, Findings and Statement of Overriding Considerations
19
reflect the independent review, analysis and judgment of the Planning Commission of the
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21 City of San Bernardino.
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SECTION III. CERTIFICATION OF THE ENVIRONMENTAL IMPACT REPORT
NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED by the
Planning Commission of the City of San Bernardino that the Final Environmental
Impact Report (SCH #2007121072) is hereby certified, the Facts, Findings and
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Statement of Overriding Considerations are hereby adopted, and the Mitigation
Monitoring and Reporting Plan is hereby adopted.
SECTION IV. CONDITIONAL USE PERMIT
NOW, THEREFORE BE IT RESOLVED that the Planning Commission hereby
approves Conditional Use Permit No. 07-15 based upon the Findings of Fact contained in
the Planning Commission Staff Report dated October 28, 2009, attached to this
Resolution as Exhibit 3 and incorporated herein by reference, and subject to the
Conditions of Approval and Standard Requirements (Attachments C and D to the
Planning Commission Staff Report dated October 28,2009).
SECTION V. NOTICE OF DETERMINATION
In accordance with the provisions of this Resolution, the Planning Division is
hereby directed to file a Notice of Determination with the County of San Bernardino
Clerk of the Board of Supervisors certifying the City's compliance with the California
Environmental Quality Act in preparing and adopting the Final Environmental Impact
Report, the Facts, Findings and Statement of Overriding Considerations, and the
Mitigation Monitoring and Reporting Plan. A copy of the Notice of Determination will be
forwarded to the State Clearinghouse.
III
III
III
5
RESOLUTION OF THE CITY OF SAN BERNARDINO PLANNING COMMISSION
ADOPTING THE FACTS, FINDINGS AND STATEMENT OF OVERRIDING
CONSIDERATIONS, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT
REPORT, ADOPTING THE MITIGATION MONITORING AND REPORTING
PLAN AND APPROVING CONDITIONAL USE PERMIT NO. 07-15 FOR THE
HIGHLAND A VENUE W AL-MART EXPANSION PROJECT.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning
Commission of the City of San Bernardino at a regular meeting thereof, held on the
~ day of November ,2009, by the following vote to wit:
Members:
Ayes
Nays
Abstain
Absent
COUTE
DURR
~
EBLE
~
HEASLEY
~
LONGVILLE
MULVIHILL
~
MUNOZ
~
RAWLS
~
SAUERBRUN
~
~~-~
Planning Co ission Secretary ----
The foregoing resolution is hereby approved as ofthe day of2009.
Approved as to form:
Planning Commission Chairman
By:
Henry Empeno Jr.
Senior Deputy City Attorney
6
EXHmIT 2
Facts, Findings and Statement of Overriding Considerations
Regarding the Environmental Effects from the
Environmental Impact Report for the
Highland Wal-Mart Expansion Project
State Clearinghouse No. 2007-121072
SECTION 1
THE PROJECT
A. Project Description
The proposed project consists of expanding the existing 129,794-square-foot Wal-Mart
store by 41,644 square feet to 171,438 square feet with all appurtenant structures and facilities.
The project site is located in the City of San Bernardino, San Bernardino County, California. The
15.13-acre project site is located within the Highland Avenue Plaza shopping center, which is
located at the far eastern end of the San Bernardino city limits at the intersection of Highland
Avenue and Boulder Avenue. The project site contains an existing Wal-Mart discount store,
which occupies the eastern portion of the shopping center. The project site is generally bounded
by the Highland Avenue Plaza (west), the Mountain Shadows Mobile Home Community (north),
N, Frontage Road (east), and Boulder Avenue (south).
The expansion would occur on the west and east sides of the eXlstmg store. The
expanded store would retail a full line of groceries in addition to the general merchandise
currently sold in the existing store. In order to accommodate the proposed expansion, the Tire &
Lube Express would be permanently removed. The existing 4,982-square-foot garden center
would also be demolished and replaced with a larger 10,427- square-foot garden center. The
expanded store would include, without limitation, new truck doors and loading facilities. The
store would operate 24 hours a day.
B. Project Objectives
The primary Project objectives are as follows:
. Enhance the commercial retail opportunities in the City of San Bernardino and the
larger East Valley.
. Provide regional commercial retail activities that will complement existing local
retail activities in the City of San Bernardino and the larger East Valley.
. Provide commercial development that creates new job opportunities for local
residents.
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. Provide a regional retail establishment that serves local residents and visitors with
essential goods and services in a safe and secure, 24-hour shopping environment.
. Promote economic growth and development that is consistent with the policies of
the City of San Bernardino General Plan.
. Generate sales tax and property tax revenues to accrue to the various agencies
within the project area.
. Pay for its fair share of impacts and positively contribute to the local economy.
. Minimize travel lengths and utilize existing infrastructure to the maximum extent
possible by expanding an existing Wal-Mart store.
. Ensure that commercial development has sufficient onsite parking to minimize
impacts to the surrounding area and ensure that adequate parking is provided for
customers and employees.
. Develop an architectural design that softens the scale and mass of the buildings
with features designed to blend with the surrounding area.
. Provide landscaping to soften the design and create a pleasant, attractive
appearance that complements the surrounding area.
SECTION 2
FINDINGS
The City of San Bernardino conducted an extensive review of this Project which included
a Notice of Preparation, Initial Study, Notice of Availability, a Draft EIR, and a Final ErR,
including technical reports; along with a public review and comment period. Hereafter, the
Notice ofPre;paration, Initial Study, Notice of Availability, Draft EIR, Technical Studies, Final
EIR containing Responses to Comments and textual revisions to the Draft ErR, and the
Mitigation Monitoring and Reporting Program will be referred to collectively herein as the EIR.
At a regular meeting assembled on October 28, 2009, the Planning Commission of the
City of San Bernardino determined that, based upon all of the evidence presented, including, but
not limited to the EIR, written and oral testimony given at meetings and hearings, and
submission of testimony from the public, organizations and regulatory agencies, the following
impacts associated with the Project are either:' (1) less than significant and do not require
mitigation; or (2) potentially significant but will be avoided or reduced to a level of
insignificance through the identified mitigation measures and/or implementation of an
environmentally superior alternative to the proposed Project; or (3) significant and cannot be
fully mitigated to a level of less than significant but will be substantially lessened to the extent
feasible by the identified mitigation measures.
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SECTION 3
LESS THAN SIGNIFlCANT ENVIRONMENTAL IMPACTS
NOT REQUIRING MITIGATION
The Planning Commission of the City of San Bernardino hereby finds that the following
potential environmental impacts of the Project are less than significant and therefore do not
require the imposition of mitigation measures:
A. Aesthetics
1. Scenic Vistas: Harrison Mountain, McKinley Mountain, and the San
Bernardino Mountains are the most prominent scenic vistas within view of the project site.
(DEIR p. 4.1-11.) The proposed project would expand the existing l29,794-square-foot store
Wal-Mart store by 41,644 square feet to a total of 171 ,438 square feet. (Id.) The expansion
would be located in the east side of the store on an area that currently contains a Tire & Lube
Express, a garden center, loading docks, and parking. (Id.) The viewpoints of most concern in the
project vicinity would be from the mobile home park located north of the project site and views
from public roadways east and south of the project site. (Id.) Because the mobile home park is
located north of the project site, its views of Harrison Mountain and the San Bernardino
Mountains would not be affected by the proposed project.
The two public roadways in the project vicinity that could potentially have views
altered are N. Frontage Road and E. Highland Avenue. N. Frontage Road is located east of the
project site; therefore, its views of Harrison Mountain and the San Bernardino Mountains would
not be affected by the proposed project. E. Highland Avenue is located south of the project site.
Because the existing Wal-Mart store is setback more than 200 feet from E. Highland Avenue, the
store does not impede any views of Harrison Mountain or the San Bernardino Mountains from
the roadway. (Id.) Therefore, the expansion of the store, which would maintain the existing
roofline elevation, would not adversely affect any views of scenic vistas. lmpacts would be less
than significant. (Id.) Accordingly, no mitigation is required.
2. State Scenic Highways: The segment of SR-330 near the project site is
designated as an eligible State Scenic Highway. (DEIR p. 4.1-12.) The freeway is located in a
depression and 40es not have views of the project site because of an embankment along the west
side of the roadway. (Id.) Therefore, the development of the proposed project would not damage
or destroy scenic resources within view of a State Scenic Highway. (/d.) lmpacts would be less
than significant. Accordingly, no mitigation is required.
3. Visual Character: The Project's design is consistent with all provisions
of the City's General Plan, and the City's Development Code. (DEIR p. 4.1-13.) In addition, the
presence of the existing Wal-Mart store, the expansion and upgrade of the store would not be
considered a substantial change in the visual character of the project site. Moreover, the
architectural features and landscaping designed into the proposed project are intended to provide
a visually appealing commercial retail development that attracts potential customers. As such, it
would be expected to enhance the aesthetics of the project site.
3
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The two surrounding land uses of most concern from a visual character perspective are
the Highland Avenue Plaza and the Mountain Shadows Mobile Home Community. (DEIR p. 4.1-
14.) The existing Wal-Mart store's architecture reflects the design elements of the other
structures in the Highland Avenue Plaza. (Id.) The proposed project would maintain the visual
appearance of the Wal-Mart store and, therefore, would maintain consistency with the
appearance of the other structures in the Highland Avenue Plaza. (Id.) Moreover, the proposed
project would implement landscaping through its portion of the Highland Avenue Plaza, which
would enhance the overall appearance of the shopping center. (Id.) Accordingly, the visual
character of the Highland Avenue Plaza would not be degraded by the proposed project.
The Mountain Shadows Mobile Home Community is located north of the project site and
is approximately 25 feet higher in elevation than the Wal-Mart store. (Id.) The existing slope
between the mobile home park and the rear of the Wal-Mart store is landscaped and includes a 6-
foot-high masonry block wall located along the property boundary. (Id.) The proposed project
would expand the western and eastern portions of the store and maintain the existing rear wall of
the store. (Id.) Both expansion areas are not visible to most of the mobile home park because
they are screened from view by the existing store, the block wall, and landscaping. (Id.) The
proposed project would maintain the block wall and the landscaping. Accordingly, the visual
character of the mobile home park would not be degraded by the proposed project but would
remain nearly identical to its current condition. (Id.) For these reasons, the proposed project
would not substantially degrade the visual character of the project site. Accordingly, no
mitigation is required.
B. Air Quality
1. Operational Emissions: Operational, or long-term, emissions occur
over the life of the project. Operational emissions include mobile and area source emissions.
Area source emissions are from consumer products, natural gas usage, gasoline-powered
landscape equipment, fireplaces, and architectural coatings (painting). Mobile emissions from
motor vehicles are the largest single long-term source of air pollutants from the project. (DEIR
4.2-26.) Operational emissions from all emission sources were generated by the URBEMIS2007
model using trip generation information presented in the Traffic Impact Analysis performed by
Urban Crossroads. (Id.) Analysis was conducted for full operation of the project in 2010. The
analysis used the modified trip rate that accounted for reduction associated with pass-by, as
presented in the Traffic Impact Analysis, thus the pass-by option in URBEMIS was turned off.
(Id.) The emissions associated with the operation of the project are shown in Table 4.2-11 of the
DEIR, which shows that no regional threshold would result in an exceedance. (Id.) Therefore,
operational emissions would be a less than significant impact. Accordingly, no mitigation is
required.
2. Carbon Monoxide Hotspot: The Traffic Impact Study prepared by
Urban Crossroads (Appendix G or the DEIR) concluded that two study intersections were shown
to operate at LOS F during peak hours in the near-term operations. (DEIR 4.2-27.) Even though
the TIA showed that both could be mitigated to LOS C or better, for the purposes of providing a
conservative approach, these intersections (Highland Avenue at North Frontage Road and
Boulder Avenue at Pacific Street) were analyzed using the CALINE4 model. (Id.) As shown in
Table 4.2-12 of the DEIR, the estimated I-hour and 8-hour average CO concentrations in
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combination with background concentrations are below the state and national ambient air quality
standards. (Id.) Therefore, the mobile emissions of CO from the project are not anticipated to
contribute substantially to an existing or projected air quality violation of CO. (Id.) Carbon
Monoxide Hotspot impacts would be less than significant. Accordingly, no mitigation is
required.
3. Cumulative Criteria Pollutants: The Basin is in nonattainment for
ozone, PMlO, and PM2.5, which means that the background levels of these pollutants are, at
times, higher than the ambient air quality standards. (DEIR 4.2-31.) The air quality standards
were set to protect public health, including the health of sensitive individuals (i.e., elderly,
children, and the sick). (Id.) When the concentration of those pollutants exceeds the standard,
some sensitive individuals in the population may experience health effects. (Id.) Here, the
regional significance analysis of construction emissions demonstrated that emissions of PM 10,
PM2.5, and NOx would not be over the SCAQMD regional significance thresholds. (Id.)
Therefore, according to this criterion, the project would not result in a significant cumulative
impact to PMIO, PM2.5, and ozone during construction. The regional significance analysis of
operational impacts indicates that the project would not exceed regional significance thresholds
at buildout. (Id.) Therefore, according to this criterion, the project would not result in a
significant cumulative impact to ozone, PMI0, and PM2.5. Accordingly, no mitigation is
required.
4. Diesel Particulate Matter Heath Risks: Cancer risk is calculated by
applying a risk characterization model to the results from the air dispersion model to estimate
potential health risks at each sensitive receptor location. (DEIR 4.2-34.) The total individual
excess cancer risk is summarized in Table 4.2-15 of the DEIR for year 2010. (Id.) As shown in
Table 4.2-15 of the DElR, the lifetime excess cancer risks associated with the operation of the
project are not expected to exceed the SCAQMD cancer risk significance level of lOin I million
at any nearby sensitive receptor. (DEIR 4.2-35.) The maximum calculated non-cancer chronic
risk from the operation of the project was found to be 0.0006 for the chronic non-cancer risk.
(Id.) These values are substantially less than the SCAQMD non-cancer risk threshold of 1.0.
Therefore, impacts would be less than significant. Accordingly, no mitigation is required.
S. Sensitive Receptors: The construction equipment would emit diesel
particulate matter, which is a carcinogen. (DEIR 4.2-36.) However, the diesel particulate matter
emissions are short-term in nature, (Id.) Determination of risk from diesel particulate matter is
considered over a 70-year exposure time. (Id. )Considering the dispersion of the, emissions and
the short time frame, exposure to diesel particulate matter is anticipated to be less than
significant. (Id.) A CO hotspot analysis is the appropriate tool to determine if project emissions
of CO during operation would exceed ambient air quality standards. (Id.) The main sources of air
pollutant emissions during operation are from offsite motor vehicles traveling on the roads
surrounding the project. (Id.) The CO hotspot analysis demonstrated that emissions of CO during
operation would not exceed the most stringent ambient air quality standards for CO. (Id.)
Therefore, according to this criterion, the impact of air pollutant emissions to sensitive receptors
during operation would result in a less than significant impact. (Id.) A Health Risk Assessment
was prepared for the proposed project that evaluated the potential for nearby sensitive receptors
to be exposed to substantial concentrations of diesel particulate matter from project-related truck
emissions. (Id.) The Health Risk Assessment found that concentrations of diesel particulate
5
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matter at nearby sensitive receptors would not exceed exposure standards. (Id.) In summary, the
proposed project would not expose sensitive receptors to substantial pollutant concentrations
during operation. Impacts would be less than significant. Accordingly, no mitigation is required.
7. Climate Change/Greenhouse Gas Emissions: The proposed project is
anticipated to result in an annual net increase ofapproximately 0.01 MMTC02e. (FEIR 3-19.) It
is anticipated that the project would not be significantly impacted from rising sea levels or other
secondary effects of global climate change. (Id.) It has been shown that the project is consistent
with California strategies to reduce greenhouse gas emissions to 1990 levels, it complies with the
CARB's early action measures, and it would satisfy the Attorney General's suggested mitigation
measures. (Id.) Although the proposed project would intensify the urban uses onsite, the
incremental increase in greenhouse gas emissions resulting from the proposed project would be
marginal, given the existing uses of the site. (DEIR 4.2-48.) In view of the marginal increase
relative to the existing baseline conditions, this increase would not be considered significant on a
local, regional, state, national, or global level. Moreover, the proposed project incorporates
feasible greenhouse gas emissions reduction features and mitigation measures, AES-4, PSU-3a,
PSU-3b, PSU-6, TRANS-6a and TRANS-6b that directly or indirectly reduce greenhouse gas
emissions from the proposed project. (Id.) For these reasons, the proposed project's greenhouse
gas emissions would not be cumulatively considerable. lmpacts would be less than significant.
Accordingly, no mitigation is required.
7. Climate Change Effects: The extstmg store is currently served by
Southern California Edison (SCE). (DEIR 4.2-50.) SCE's primary sources of electricity are
nuclear, hydroelectric, natural gas, and coal. (Id.) Approximately 16 percent of SCE's electricity
from renewable sources (i.e., wind, solar, biomass, small hydroelectric, and geothermal) and this
percentage is expected to increase in the coming years because of the Renewable Portfolio
Standards contained in AB 32. (Id.) Accordingly, increased electricity usage attributable to the
proposed project would not necessarily result in increased criteria pollutant or greenhouse gas
emissions. (Id.) Moreover, the proposed project incorporates the building energy efficiency
mitigation measures identified in Section 3 of the DEIR, Project Description. (Id.) These
measures would promote energy efficiency, which would reduce the inefficient, unnecessary,
and wasteful consumption of energy. (IdJ For these reasons, the proposed project's consumption
of electricity would not have a significant impact on climate change.
The project site is more than 45 miles from the Pacific Ocean. (Id.) Accordingly,
this condition precludes the possibility of the proposed project being exposed to sea level rise.
The project site is located in an urban, built-up area and is not near any wildlands
or undeveloped areas. Accordingly, the project site is not susceptible to wildland fires. (Id.) The
proposed project would include the installation of fire suppression systems (e.g., fire hydrants,
fire sprinklers, smoke detectors). (Id.) These systems would be designed in accordance with the
latest standards of the California Fire Code and would be considered adequate to provide fire
suppression to the project site. (Id.) The San Bernardino City Fire Department would provide fire
protection to the proposed project. (Id,) The Fire Department did not indicate that it had any
wildfire susceptibility concerns about the proposed project. (Id.) Therefore, the proposed project
would not be at risk ofwildfrres.
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The East Valley Water District (EVWD) would provide the proposed project with
potable water. (DEIR 4.2-51.) As discussed in Section 4.9, Public Services and Utilities, EVWD
obtains its water from groundwater and surface water sources. Combined, both sources can
provide more than 62,000 acre-feet of water on an annual basis, which is well in excess of
existing demand of 30,000 acre-feet annually. (Id.) EVWD indicated that it anticipates having
enough water supplies to serve the proposed project. (Id.) Nonetheless, the proposed project
would implement various outdoor and indoor water efficiency mitigation measures to reduce
water demand. (Id.) Finally, the proposed project consists of a commercial retail project, a type
of land use that is not considered water-intensive. (Id.) For these reasons, the proposed project
would not create a significant impact to water supply due to climate change. (FEIR 3-19)
Therefore the proposed project will not have any significant impacts relating to Climate
Change. Accordingly, no mitigation is required.
C. Geology Soils & Seismicity
1. Ground Failure/Liquefaction: The Geotechnical Investigation Report
concluded that because of the coarse nature of the subsurface materials and the absence of
shallow groundwater, the project site would not be susceptible to liquefaction in a seismic event.
(DEIR 4.4-19.) In addition, Figure S-5 (Liquefaction Hazards) of the City of San Bernardino
General Plan indicates that the project site is not within an area of "High Liquefaction
Susceptibility" or "Moderate High to Moderate Liquefaction Susceptibility." (Id.) Finally,
Figure S-6 (Subsidence Potential) of the City of San Bernardino General Plan indicates that the
project site is not within an area of "Potential Ground Subsidence." (Id.) Therefore, the proposed
project would not be susceptible to ground failure or liquefaction. (Id.) Impacts would be less
than significant. Accordingly, no mitigation is required.
2. Landslides: A slope is present along the northern boundary of the project
site. This slope is protected by a retaining wall and is vegetated with trees and shrubs. (DEIR
4.4-20.) A V-shaped concrete drainage ditch runs along the top of the slope and serves to convey
runoff to the east. (Id.) Overall, the slope is in good condition, and the retaining wall, vegetation,
and drainage ditch adequately protect it from failure. Figure S-7 (Slope Stability and Major
Landslides) of the City of San Bernardino General Plan indicates that the project site is adjacent
to an area of low generalized slope relief, with low to moderate landslide potential. (Id.) Given
the good condition of the slope along the northern boundary of the project site, the potential for
landslides would be low. (Id.) The proposed project would not modify the slope, retaining wall,
vegetation, or drainage ditch in any way. (Id.) As such, the potential for slope failure or
landslides would not affected by the proposed project. Therefore, impacts would be less than
significant. Accordingly, no mitigation is required.
3. Unstable Geologic Units: The project site was previously graded and soil
engineered during the development of the existing Wal-Mart store in the early 1990s. (DEIR 4.4-
21.) Accordingly, the soils underlying the project site have been conditioned to support urban
development and are considered stable soils and geologic units. (Id.) Therefore, the proposed
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,..;
project's structures would not be located on an unstable geologic unit. Impacts would be less
than significant. Accordingly, no mitigation is required.
4. Expansive Soils: The Geotechnical Investigation Report included
laboratory testing of onsite soils for expansion potential and found that soils on the project site
have a very low expansion potential. (DEIR 4.4-22.) Therefore, the proposed project would not
be exposed to hazards associated with shrinking and swelling of expansive soils. (Id.) Impacts
would be less than significant. Accordingly, no mitigation is required.
D. Hazards
1. Risk of Upset: Project construction activities may involve the use and
transport of hazardous materials. These materials may include fuels, oils, mechanical fluids, and
other chemicals used during construction. (DEIR 4.5-10.) Transportation, storage, use, and
disposal of hazardous materials during construction activities would be required to comply with
applicable federal, state, and local statutes and regulations. (Id.) Compliance would ensure that
human health and the environment are not exposed to hazardous materials. In addition,
Mitigation Measure HYD-Ia requires the project applicant to implement a Stormwater Pollution
Prevention Plan during construction activities to prevent contaminated runoff from leaving the
project site. (Id.) Therefore, no significant impacts would occur during construction activities.
The existing Wal-Mart store is not a large-quantity user of hazardous materials,
nor would the expanded store. Small quantities of hazardous materials would be used onsite,
including cleaning solvents (e.g., degreasers, paint thinners, and aerosol propellants), paints
(both latex- and oil-based), acids and bases (such as many cleaners), disinfectants, and fertilizers.
(DEIR 4.5-11.) These substances would be stored in secure areas and would comply with all
applicable storage, handling, usage, and disposal requirements. (Id.) The potential risks posed by
the use and storage of these hazardous materials are primarily limited to the immediate vicinity
of the materials. In addition, the store may include a medical clinic; there is the potential for
storage, transport, and disposal of biomedical wastes. (Id.) Transport of these materials would be
performed by commercial vendors who would be required to comply with various federal and
state laws regarding hazardous materials transportation. (Id.) As such, these materials are not
expected to expose human health or the environment to undue risks associated with their use. In
summary, the proposed project would not potentially create a significant hazard to the public or
the environment from routine transport, use, or disposal of hazardous materials or through the
reasonably foreseeable upset and accident conditions. (Id.) lmpacts would be less than
significant. Accordingly, no mitigation is required.
2. Emergency Response & Evacuation: The proposed project consists of
an expansion of an existing Wal-Mart store located on a commercial corridor. (DEIR 4.5-11.)
The project site is located in an area where existing emergency response times for fire protection,
emergency medical services, and law enforcement meet adopted standards. (Id.) Both the San
Bernardino City Fire Department and the San Bernardino Police Department have indicated that
the proposed project would not impair their ability to respond to emergencies at the project site
or in other parts of the community. (Id.) In addition, the proposed project does not include any
characteristics (e.g., permanent road closures) that would physically impair or otherwise interfere
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with emergency response or evacuation in the project vicinity. (OEIR 4.5-12.) Therefore, the
proposed project would not impair or obstruct emergency response or evacuation. Impacts would
be less than significant. Accordingly, no mitigation is required.
E. Hydrology and Water Quality
1. Groundwater: There are no existing groundwater wells on the project
site, and none are proposed as part of the proposed project. (OEIR 4.6-13.) The existing Wal-
Mart store is-and the proposed expansion of the store would be-served by the East Valley
Water District (EVWD) potable water system. (Id.) EVWD primarily obtains its water from
Bunker Hill Subbasin, which encompasses the San Bernardino Valley. (Id.) The subbasin is not
in a state of overdraft, and EVWD indicates that it would be able to serve the proposed project
with existing resources and infrastructure. (Id.) The proposed project would prevent degradation
of groundwater quality through implementation of the stormwater treatment controls and
practices identified in Mitigation Measures HYD-I and HYD-2. (Id.) The proposed project
would not result in a substantial net increase in impervious surface coverage above the existing
condition. (Id.) Therefore, the proposed project would not result in groundwater overdraft or
degradation of groundwater quality. Impacts would be less than significant. Accordingly, no
mitigation is required.
2. Drainage: The Conceptual Utility Plan prepared by the project engineer
identifies the location and type of drainage facilities that would be developed as part of the
proposed project. (OEIR 4.6-14.) The plan indicates that most of the existing storm drainage
infrastructure would be maintained and expanded to serve the larger store. (Id.) Four new catch
basins would be installed on the project site to detain runoff and prevent releases of stormwater
runoff that would exceed runoff rates associated with the pre-development condition of the
project site. (Id.) New piping would be installed around the expanded portion of the store to
collect and convey runoff to the City storm drain line located within the Highland Avenue right-
of-way. (Id.) With the installation of these drainage improvements, adequate storm drainage
would be provided, and no downstream facilities would be necessary to prevent flooding caused
by project runoff. Impacts would be less than significant. Accordingly, no mitigation is required.
F. Land Use
1. Division of an Established Community: The proposed project consists
of the expansion of the existing Wal-Mart store on the project site. (DEIR 4.7-7.) The store
would be expanded on the west and east sides. The west expansion area contains undeveloped
land. The east expansion area contains the garden center, Tire & Lube Express, and a parking
area. No established communities exist within the expansion areas; therefore, none would be
displaced or divided by the proposed project. lmpacts would be less than significant.
Accordingly, no mitigation is required.
2. General Plan Consistency: The project site (and the entire Highland
Avenue Plaza) is designated "General Commercial" by the General Plan. (DEIR 4.7-8.) For the
General Commercial designation, the General Plan allows the following uses: local and regional
serving retail, personal service, entertainment, office, related commercial uses, and limited
residential uses with a Conditional Use Permit. (Id.) The proposed project, as well as the
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Highland Avenue Plaza, would qualify as a "local and regional serving retail." (Id.) The
General Plan limits development in the General Commercial designation to a maximum FAR of
0.7. (Id.) The proposed project would have aFAR of 0.26, which would be within the maximum
allowable limit. Therefore, the proposed project would comply with the development regulations
of the General Commercial land use designations.
Table 4.7-2 of the DEIR summarizes the proposed project's consistency with all
applicable goals and policies of the General Plan. The proposed project would be consistent with
applicable goals and policies. (Id.) lmpacts would be less than significant. Accordingly, no
mitigation is required.
3. Development Code Consistency: The Development Code identifies the
General Commercial (CG-I) zoning district as supporting the continued use, expansion, and new
development of administrative and professional offices, hospitals, and supporting retail uses in
proximity to major transportation corridors that are compatible with adjacent residential and
commercial uses. (DEIR 4.7-30.) The proposed project consists of the expansion of an existing
Wal-Mart store located in a shopping center on a major arterial roadway. Therefore, the proposed
project would be consistent with the allowed uses of the General Commercial (CG-I) zoning
district. (Id.) The proposed project would expand the existing Wal-Mart store by 41,644 square
feet. The expanded store would total 171,438 square feet and contain 161,011 square feet of
interior uses and 10,427 square feet of outdoor garden center uses. (Id.) Because the outdoor
garden center would total less than 15,000 square feet, it would not require a Development
Permit. (Id.) The roofline of the store would range from 20 feet to 29 feet, four inches. The
rounded gable over the main entrance would have a maximum height of 34 feet above grade. The
Development Code establishes a 30-foot height limit for the General Commercial (CG) zoning
district, but exempts minor architectural projections from this limit. (Id.) City staff indicates that
the rounded gable would be fall within the exemption. In summary, the proposed project would
be consistent with all applicable provisions of the Development Code's requirements for the
General Commercial (CG-l) zoning district. Impacts would be less than significant.
Accordingly, no mitigation is required.
G. Noise
1. Vibration: The proposed project would relocate a truck loading area and
add an additional truck loading area. In addition, the proposed project would increase the truck
traffic from 21 trips per week to 57 trips per week. (DEIR 4.8-42.) As shown in Exhibit 4.8-1 of
the DEIR, a truck would typically produce a vibration level of 63 VdB at 50 feet. (Id.) This
would result in a vibration level of 57.4 VdB at the nearest residence to the eastern truck loading
area and a vibration level of 52.9 VdB at the nearest residence to the western truck loading area.
(Id.) Therefore, vibration impacts from the ongoing operations of the proposed project would be
less than significant.
2. Offsite Vehicular Noise: The noise level contributions from the proposed
project to the study area roadways would range from 0.0 to 0.2 dBA CNEL under Near-Term
conditions. (DEIR 4.8-49.) The greatest project contribution of 0.2 dBA would occur on
Highland Avenue between Boulder Avenue and SR-330. (Id.) A 0.2-dBA noise increase is below
the thresholds of significance. (Id.) Therefore, for the near-term conditions, no significant, long-
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term, offsite noise impacts from project related vehicle noise would occur along the study area
roadways segments.
The noise level contributions from the proposed project to the study area
roadways would range from 0.0 to 0.2 dBA CNEL under year 2030 conditions. (DEIR 4.8-50.)
The greatest project contribution of 0.2 dBA would occur on Highland A venue between Boulder
Avenue and SR-330, and on Pacific Street east of Boulder Avenue. (Id.) (The proposed project
would increase the traffic by 40 vehicles per day on this section of Pacific Street for both
scenarios; the difference in noise increases between scenarios is due only to rounding of the
traffic volumes.) (!d.) A 0.2-dBA noise increase is below the thresholds of significance. (Id.)
Therefore, for the year 2030 conditions, no significant, long-term, off site noise impacts from
project-related vehicle noise would occur along the study area roadways segments.
Accordingly, impacts relating to offsite vehicular noise would be less than
significant and no mitigation is required.
3. Combined Stationary and Transportation Noise: The City's Municipal
Code has established performance standards to control stationary sourcelnontransportation
related noise impacts. (DEIR 4.8-51.) A stationary noise impact would be considered significant
if the onsite interior noise level exceeds 55 dBA CNEL or if the noise level exceeds 65 dBA
CNEL at the exterior areas of the nearby mobile homes. (Id.)
Table 4.8-25 of the DEIR shows that for the near-term without project scenario,
only Receiver 7 would exceed the City's 65-dBA CNEL exterior stationary noise standard.
(DEIR 4.8-55.) For the near-term with project scenario, no nearby homes would exceed the
City's 65-dBA CNEL exterior noise standard. Receivers 7 and 8 are located adjacent to the
existing truck loading area, which would be removed and relocated further to the east with
development of the proposed project; because of this, the noise levels would decrease at these
receivers with development of the proposed project. (Id.) Therefore, the proposed project would
not be anticipated to create a significant stationary noise impact at any of the nearby homes.
Table 4.8-26 of the DEIR shows that the proposed project's combined
transportation and noise impacts would create the largest noise increase at Receiver 3, whose
noise level would increase by 3.0 dBA CNEL over the near-term without project noise level of
57.1 dBA CNEL. (DEIR 4.8-56.) The project-related. combined stationary- and transportation-
related noise increases are below the thresholds of significance defined above.
Therefore, the combined stationary and transportation interior and exterior noise
impacts from the operations of the proposed project would be less than significant. Accordingly,
no mitigation is required.
H. Public Services and Utilities
1. Fire Protection and Emergency Medical Services: Given the increase
in square footage and the 24-hour operation of the store, the Fire Department anticipates the store
would generate 10 additional calls for service on an annual basis. (DEIR 4.9-21.) When applied
to the 28 calls generated by the store in 2007, this would result in 38 calls for service. ([d.) In its
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response to a questionnaire provided in Appendix F, the Fire Department did not indicate that
this increase in calls for service would represent a significant burden on its resources. (Id.)
The Fire Department did not indicate that new or expanded fire facilities would be
necessary to serve the proposed project. (Id.) The proposed project would contribute money
toward ongoing fire facilities needs through the City's Development Impact Fee program. (Id.)
Therefore, the proposed project would not result in physical impacts on the environment from
the construction or expansion of fire facilities.
Accordingly, impacts would be less than significant and no mitigation is required.
2. Police Protection: Given the increase in square footage and the 24-hour
operation of the store, the Police Department anticipates the store would result in a 25- to 50-
percent increase in calls for service above existing levels. (DEIR 4.9-21.) When applied to the
272 calls generated by the store in 2007, this would result in an estimated 340 to 408 calls for
service on an annual basis. (DEIR 4.9-22.) The Police Department did not indicate that
additional officers would be required as a result of the proposed project. (Id.)
The Police Department did not indicate that new or expanded police facilities
would be necessary to serve the proposed project. (Id.) The proposed project would contribute
money toward ongoing police facilities needs through the City's Development lmpact Fee
program. (Id.) Therefore, the proposed project would not result in physical impacts on the
environment from the construction or expansion of police facilities. (Id.)
Accordingly, impacts would be less than significant and no mitigation is required.
3. Wastewater: Table 4.9-17 of the DEIR summarizes the proposed
project's estimated wastewater generation. The estimate is based on a standard assumption that
wastewater generation represents 90 percent of domestic water consumption. (DEIR 4.9-24 &
25.) As shown in the table, the proposed project would result in a net increase of 1,590 gallons
per day. (Id.) The City of San Bernardino's wastewater reclamation plant has 33.0 mgd of
capacity and currently treats an average of 28.0 mgd. (Id.) Based on the available capacity, the
reclamation plant could readily accommodate the proposed project's wastewater flows without a
need for new or expanded facilities. (Id.) Therefore, adequate treatment capacity would be
available to serve the proposed project. Accordingly, impacts would be less than significant and
no mitigation is required.
4. Storm Drainage: The Conceptual Utility Plan prepared by the project
engineer identifies the location and type of drainage facilities that would be developed as part of
the proposed project. (DEIR 4.9-25.) The plan indicates that most of the existing storm drainage
infrastructure would be maintained and expanded to serve the larger store. (Id.) Four new catch
basins would be installed on the project site to detain runoff and prevent releases of stormwater
runoff that would exceed runoff rates associated with the pre-development condition of the
project site. (Id.) New piping would be installed around the expanded portion of the store to
collect and convey runoff to the City storm drain line located within the Highland Avenue right-
of-way. (Id.) With the installation of these drainage improvements, adequate storm drainage
would be provided, and no downstream facilities would be necessary to serve the proposed
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project. (Id.) Accordingly, impacts would be less than significant and no mitigation is required.
S. Energy: SCE would serve the proposed project with electricity, and the
Southern California Gas Company would serve the project with natural gas. (DEIR 4.9-28.)
Table 4.9-20 of the DEIR provides an estimate of the proposed project's annual electricity and
natural gas consumption. (Id.) These figures were derived from energy consumption rates
provided by the United States Energy Information Administration. (Id.) The consumption rates
are based on national consumption figures for commercial buildings that operate continuously
and, therefore, likely overstate actual consumption because the figures include structures located
in different climate regions or states with less stringent energy efficiency standards than those in
California. (Id.)
The proposed project's structures would be designed in accordance with Title 24,
California's Energy Efficiency Standards for Residential and Nonresidential Buildings. (Id.)
These standards include minimum energy efficiency requirements related to building envelope,
mechanical systems (e.g., HV AC and water heating systems), indoor and outdoor lighting, and
illuminated signs. (DEIR 4.9-29.) The incorporation of the 2005 Title 24 standards into the
project would ensure that the project would not result in the inefficient, wasteful, or unnecessary
consumption of energy. (Id.) In addition, the expanded Wal-Mart store would contain a number
of energy efficiency measures that are above and beyond 2005 Title 24 standards. (Id.)
When implemented in a Wal-Mart store prototype, these additional energy
efficiency features have been found to exceed the 2005 Title 24 standards by 9 percent. (DEIR
4.9-30.) In summary, the proposed project incorporates energy efficiency measures that exceed
minimum state standards and, therefore, would not result in the inefficient, unnecessary, or
wasteful use of energy. Accordingly, impacts would be less than significant and no mitigation is
required,
I. Transportation
1. Parking & Loading:
a. Parking: The proposed store expansion would occur on an
existing parking area located on the east side of the project site. (DEIR 4.10-81.) The
proposed project would offset parking lost to the store expansion by developing a new
parking area on an undeveloped parcel located between the main vehicular entrance on
Highland Avenue and the Tarbell Realty parcel. (Id.) In total, the store expansion would
provide 772 vehicular parking spaces and 16 cart corrals. (Id.) The Development Code
requires that parking be provided for commercial retail land uses at a ratio of no less than
one space per 250 gross square feet. (/d.) When this ratio is applied to the proposed
building square footage of 171,438, it yields a minimum requirement of686 spaces. (Id.)
According, the proposed project would exceed to the City's minimum vehicular parking
requirements by 86 spaces. (Id.) Accordingly, impacts would be less than significant and
no mitigation is required.
b. Loading: The Development Code requires that at least one off-
street loading space be provided for commercial retail land uses of 25,000 square feet or
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more, and if deemed necessary by the Planning Director, additional spaces may be
required. (DEIR 4.10-81.) Each loading space is required to be adjacent or close to the
structure and be situated to ensure that no loading activities occur in public rights-of-way.
(Id.) Finally, vehicle maneuvers (e.g., three-point turns) to access the loading space must
occur onsite. (DEIR 4.10-82.) As shown in Exhibit 3-4, the proposed project would
provide five truck doors, with two bays on the west side of the building and the
remaining three on the east side. (Id.) Each truck door provides capacity for one full-size
tractor-trailer and allows for direct loading and unloading from inside the back-room-
areas. (Id.) The west truck doors would be accessed from Piedmont Drive via the
delivery drive aisle, and the east truck doors would be accessed from the main entrance at
Highland Avenue and Boulder Avenue. (Id.) There would be sufficient paved-areas near
each truck door to allow truck maneuvers to access each bay. (Id.) Therefore, sufficient
off-street loading facilities would be provided in accordance with Development Code
standards. Accordingly, impacts would be less than significant and no mitigation is
required.
2. Emergency Access: The proposed project would maintain the locations
of the five existing access points serving the project site. (DEIR 4.10-82.) These access points
would be a minimum of 36 feet wide, which would be adequate for a large emergency vehicle
such as a fire engine. (Id.) In addition, both the San Bernardino City Fire Department and the
San Bernardino Police Department have indicated that they do not foresee any problems
responding to emergencies at the proposed project. (Id.) Finally, the proposed project would not
create any obstructions to emergency access on surrounding roadways (e.g., permanent road
closures). (Id.) Therefore, the proposed project would have adequate emergency access.
Accordingly, impacts would be less than significant and no mitigation is required.
3. Roadway Hazards: The proposed project would maintain the locations
of the five existing access points serving the project site. (DEIR 4.10-83.) All five access points
have clear lines of sight and are considered safe. Internal drive aisles would be a minimum of 25
feet wide, a standard width for parking lots, and would allow for safe circulation within the
project site. (Id.) In addition, the proposed project does not propose any circulation features that
may create hazards (e.g., round-abouts, hairpin turns, etc.). (Id.) Therefore, the proposed project
would not create any roadway hazards. Accordingly, impacts would be less than significant and
no mitigation is required.
J. Urban Decay
1. Urban Decay: The proposed project's change in square footage (41,644)
is within the range of supportable square footage for all sales volume figures for 2007 to 2015 in
the Primary Market Area. (DEIR 4.11-17.) As a result, the proposed project would not
significantly impact existing competitive grocery-oriented retailers in the Primary Market Area.
(Id.) Accordingly, the proposed project is not anticipated to result in substantial business
vacancies, physical deterioration of vacant structures, or any other symptom that would directly
or indirectly result in adverse physical changes to the environment. (Id.)
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The proposed project's change in square footage (41,644) is within the range of
supportable square footage for all sales volume figures for 2007 to 2015 in the Secondary Market
Area. (OEIR 4.11-18.) As a result, the proposed project would not significantly impact existing
competitive grocery-oriented retailers in the Secondary Market Area (Id.) Accordingly, the
proposed project is not anticipated to result in substantial business vacancies, physical
deterioration ofvacant structures, or any other symptom that would directly or indirectly result in
adverse physical changes to the environment. (Id.) Pursuant to the "Urban Decay
Memorandum" included in the FEIR, dated August 21, 2009, the analysis contained in the
original July 15, 2008 urban decay analysis is still valid -- specifically, that the potential for
urban decay due to the expansion of the proposed Wal-Mart Highland Expansion is highly
unlikely. (FEIR 3-28.)
Accordingly, impacts would be less than significant and no mitigation is required.
2. Cumulative Urban Decay Impacts: The Cumulative Primary Market
Area is an underserved market and, based on the annual sales volume of the existing and future
shopping centers ($2.4 billion), it is anticipated that additional capacity exists to support
approximately $155 million to $275 million in annual retail expenditures by 2012. (OEIR 4.11-
19.) These expenditures are available to support new retail development in the Cumulative
Primary Market Area. Because there is sufficient and abundant demand for retail goods and
services in the market, the development and operation of the proposed project, together with
other related projects including those that include a Wal-Mart, should not directly affect other
retailers. (OEIR 4.11-26.) There are sufficient retail expenditure dollars currently available in
this market for all retailers, even with the development of the two proposed Wal-Mart projects.
As a result, it is reasonable to conclude that there will be no adverse physical changes in the
environment that would indirectly result in either substantial business vacancies or physical
deterioration of the vacant structures by the development of the proposed Wal-Mart projects.
(OEIR 4.1 1-27.) Accordingly, impacts would be less than significant and no mitigation is
required.
SECTION 4
ENVIRONMENTAL IMPACTS MITIGATED
TO A LEVEL OF LESS-THAN-SIGNlFICANT
The Planning Commission of the City of San Bernardino hereby finds that the following
potential environmental impacts of the Project can be mitigated to a less than significant level
through the imposition of mitigation measures.
A.
Aesthetics
.
1. Light & Glare: The project site contains an existing Wal-Mart store,
which produces existing.sources of light and glare. (OEIR p. 4.1-15.) Examples include exterior
security lighting, illuminated signs, and vehicular headlights. The proposed project would result
in the expansion of the store to a total of 171,438 square feet. (Id.) The expanded store would
operate 24 hours a day. (Id.) The expansion of the store would require new lighting fixtures to be
installed onsite, including on the building exterior, in parking areas, and in the loading area. (Id.)
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Lighting in the loading area is of particular concern because of the proximity of the mobile home
park to the north of the store. (Id.) City policy requires that lighting associated with new
development projects be arranged in a manner that prevents the direction or reflection of
annoying light and glare onto residential areas. (Id.) Accordingly, impacts to light & glare are
potentially significant.
Finding: Implementation of the following Mitigation Measure will reduce
potential impacts from Light & Glare to a less than significant level.
Mitigation Measure: The following measure has been identified to reduce the
significance of potential impacts from Light & Glare to a less than significant level:
Mitigation Measure AES-4: Prior to issuance of building permits, the project
applicant shall submit a photometric plan to the City of San Bernardino for review and approval.
The photometric plan shall identify types of lighting futures and their locations on the project
site. All light futures shall be shielded, recessed, 01' directed downward io prevent unwanted
illumination of neighboring properties. Lighting fixtures should employ the most energy-efficient
technology available unless technical feasibility or safety concerns take precedent.
Support for Finding: City policy requires that lighting associated with new
development projects be arranged in a manner that prevents the direction or reflection of
annoying light and glare onto residential areas. (OEIR p. 4.1-15.) Therefore, mitigation is
proposed that would require the project applicant to submit a photometric plan to the City that
identifies lighting fixtures and practices to prevent spillage of light and glare onto neighboring
properties. (Id.) With the implementation of this mitigation, the proposed project would
minimize the amount of the light and glare it would add to the ambient environment and,
therefore, ensure that impacts are reduced to a level ofless than significant. (Id.)
B. Air Quality
1. Air Quality Management Plan Consistency: As set forth by the
SCAQMD, a project is consistent with the AQMP if a project would not result in an increase in
the frequency or severity of existing air quality violations or cause or contribute to new
violations, or delay timely attainment of air quality standards or the interim emission reductions
specified in the AQMP. (DEIR p. 4.2-23.) As discussed in Impact AIR-2, the proposed project's
construction emissions would exceed the localized significant threshold for particulate matter.
(/d.) Accordingly, impacts relating to consistency with an Air Quality Management Plan are
potentially significant.
Finding: Implementation of Mitigation Measure AIR-2 will reduce potential
impacts regarding consistency with the applicable AQMP to a less than significant level.
Mitigation Measure AIR-l: The construction contractor shall implement the
following soil stabilization measures to control dust during grading and construction:
· Application of water on disturbed soils a minimum of two times per day;
16
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. Covering haul vehicles;
. Replanting disturbed areas as soon as practical;
. Restricting vehicle speeds on unpaved roads to 15 miles per hour;
. Ensure that all trucks hauling dirt, sand, soil, or other loose materials are covered or
maintain at least two feet of freeboard (i.e., minimum vertical distance between top of
the load and the top of the trailer) in accordance with the requirements of California
Vehicle Code Section 23114.
Support for Finding: The proposed project's construction emissions would
exceed the localized significant threshold for particulate matter. Implementation of Mitigation
Measure AIR-2 during construction would reduce particulate matter emissions to below the
localized threshold and, therefore, the residual significance of this impact would be less than
significant.
2. Construction Emissions: Construction of the proposed project would
result in air emissions from the construction equipment exhaust, worker vehicles, fugitive dust,
and on-road truck travel. (DEIR p. 4.2-24 & 25.) A summary of the emissions estimated using
URBEMIS2007 is shown in Table 4.2-9 of the DEIR. Sources of emissions shown in this table
include those generated from onsite construction activities as well as those generated from off-
site activities such as worker and delivery trips. (Id.) As shown in the table, unmitigated
construction emissions for particulate matter would exceed the local significant thresholds. (Id.)
This is a potentially significant impact.
Construction activities would also involve the use of diesel-powered construction
equipment, which emit DPM. Emissions of DPM would not be substantial enough to be
considered a significant health risk. (Id.) Therefore, impacts diesel-powered construction from
would be less than significant.
A review of the General Location Guide indicates that San Bernardino County is
not identified as an area of naturally occurring asbestos. (Id.) Therefore, this condition precludes
the possibility of project construction activities exposing human health or the environment to
such hazards.
Finding: The following measure has been identified to reduce the significance of
potential impacts from construction emissions to a less than significant level: .
Mitigation Measure: See Mitigation Measure AIR-2 above.
Support for Finding: Mitigation is proposed that would require the
implementation of dust control measures during construction activities. Table 4.2-10 of the DEIR
summarizes the results ofPMI0 and PM2.5 emissions with implementation of mitigation. (OEIR
p. 4.2-24.) As shown in the table, particulate matter emissions would be below local significance
thresholds after the implementation of mitigation. Therefore, this would be a less than significant
impact.
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3. Air Quality StandardsNiolations: The CEQA Guidelines indicate that a
significant impact would occur if the proposed project would violate any air quality s~dard or
contribute substantially to an existing or projected air quality violation. (OEIR p. 4.2-28.)
The South Coast Air Basin, the geographical area in which the project is located,
is in nonattainment for PMI0, PM2.5, and ozone. (Id.) Levels ofPMJO and PM2.5 are locally
high enough that contributions from new sources may add to the concentrations of those
pollutants and contribute to a projected air quality violation. (/d.) Although background levels of
ozone are high in the Basin, the project alone (without other cumulative sources) would not
contribute substantially to a projected air quality violation of ozone. Project emissions of VOCs
and NOx (ozone precursors) and their contribution to ozone concentrations are discussed in
Impact AIR-3. (Id.)
The localized construction analysis contained in Impact AIR-2 analysis
demonstrated that, without mitigation, the project would not exceed the localized thresholds for
CO or nitrogen dioxide. (Id.) However, concentrations of PMI0 and PM2.5 would exceed the
LSTs. Therefore, according to this criterion, the unmitigated air pollutant emissions during
construction would result in a significant impact. (OEIR p. 4.2-29.)
A CO hotspot analysis is the appropriate tool to determine if project emissions of
CO during operation would exceed ambient air quality standards. (Id.) The main source of air
pollutant emissions during operation are from off site motor vehicles traveling on the roads
surrounding the project site. (/d.) The CO hotspot analysis demonstrated that project emissions
of CO during operation, along with emissions from other foreseeable projects in the area, would
not exceed the most stringent ambient air quality standards for CO. (Id.) Therefore, according to
this criterion, air pollutant emissions during operation would result in a less than significant
impact. (Id.) Sulfur dioxide emissions from the project are negligible. The regional analysis
demonstrated that emissions are far under the regional significance threshold. (Id.) Therefore, it
follows that on a localized basis, emissions of sulfur dioxide would not exceed the ambient air
quality standards. In addition, the Basin is in attainment for sulfur dioxide and does not
experience high pollutant episodes of that pollutant. Therefore, potential impacts of sulfur
dioxide are less than significant.
Finding: The following measure has been identified to reduce the significance of
potential impacts regarding Air Quality StandardsNiolations to a less than significant level.
Mitigation Measure: See Mitigation Measure AIR-2 above.
Support for Finding: Concentrations of PMJO and PM2.5 would be mitigated
below the threshold by implementing the above referenced measure.
C. Biological Resources
1. Special-Status Species. As part of the expansion project, the parking area
located east of the existing Wal-Mart structure would be removed. (OEIR p. 4.3-8.) This parking
area contains approximately 12 mature ornamental trees that would be removed. (Id.) These
ornamental trees have the potential to support nesting birds. In addition, mature trees located in
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other areas of the project site may also be removed as part of infrastructure improvements,
parking lot reconfiguration, and landscaping alterations. (Id.)
Finding: The following measure has been identified to reduce the significance of
potential impacts regarding Special-Status Species to a level ofless than significant:
Mitigation Measure BID-I: If tree removal occurs during the nesting season
(February 1 to August 31), no more than 15 days prior to any site-disturbing activities, including
vegetation removal or grading, the project applicant will retain a qualified wildlife biologist to
conduct nesting bird surveys to determine if nests are active or occupied onsite or within 500 feet
of the project site. The surveys shall be conducted a minimum of three separate days during the
15 days prior to disturbance. Active passerine nests shall be protected with a 250-foot buffer,
and active raptor nests shall be protected with a 500-foot buffer. The buffers shall be maintained
until after the nestlings have fledged and left the nest. No construction activities shall be allowed
in these buffers. Buffers shall be marked in the field with stakes and flagging at all potential
access points to the buffer. Buffers shall remain in place until the nest is no longer active, as
determined by a qualified biologist. If warranted by site conditions (as evaluated and
documented by a qualified biologist), this buffer may be reduced with the approval of the
California Department of Fish and Game. This mitigation measure does not apply to any tree
removal activities that would occur during the non-nesting season (September 1 to January 31).
Support for Finding: Mitigation is proposed that would require the project
applicant to conduct a pre-construction survey for nesting birds during the nesting season
(February 1 through August 31) and, if nesting birds are found, to protect the nests until the
young have fledged. (Id.) The implementation of this mitigation measure would reduce potential
impacts on special-status species to a level ofless than significant. (/d.) Note that this mitigation
measure would not apply to tree removal occurring during the non-nesting season (September 1
through January 31).
2. Local Biological Ordinances or Policies. The proposed project would
involve the removal of at least 12 mature trees. Because more than five trees would be removed,
the project applicant would be required to obtain a tree removal permit from the City of San
Bernardino, in accordance with Development Code Chapter 14.34. (DEIR p. 4.3-9.)
Finding: The following measure has been identified to reduce the significance of
potential impacts regariiing Local Biological Ordinances or Policies to a level of less than
significant:
Mitigation Measure BID-l: Prior to any tree removal activities, the project
applicant shall obtain a tree removal permit from the City of San Bernardino in
accordance with Development Code Chapter 15.34. As part of the terms of the permit, all
removed trees shall be replaced at no less than a 1.5:1 ratio.
Support for Finding: The tree removal permit requirement has been
incorporated into the project as a mitigation measure. (OEIR p. 4.3-8.) Implementation of this
mitigation measure would reduce potentially significant impacts to a level of less than
significant.
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D. Geology. Soils & Seismicity
1. Fault Rupture. The project site is located within the San Andreas
Fault Zone. (OEIR p. 4.4-17.) A splay associated with the fault is adjacent to the northern
portion of the project site, and a secondary shear zone is present on a portion of the project site.
(Id.)
The 2006 Leighton Consulting, Inc. fault investigation found no evidence of faulting
within the footprint of the proposed store expansion. (Id.) Therefore, the likelihood of a fault or
fault trace being encountered during excavation of the proposed project is considered very low.
However, the project site is located within the San Andreas Fault Zone, and there is a very small
possibility that undiscovered fault traces may be present onsite. (Id.)
Finding: The following measures have been identified to reduce the significance
of potential impacts regarding Fault Rupture to a level ofless than significant:
Mitigation Measure GEO-la: The proposed project shall maintain the existing
50-foot building setbackfrom the southern splay of the San Andreas Fault and the existing 35-
foot building setback from the secondary shear zone pre~ent on the project site. Adherence to
these setbacks shall be shown on project plans.
Mitigation Measure GEO-lb: During construction, all excavations for building
foundations shall be observed by a qualified engineering geologist to determine if any fault
traces are present. If a fault trace is encountered, all excavation shall be halted until the
engineering geologist has determined if the trace is active (i.e., experienced movement in the
past 1.100 years). If the trace is not active, excavations may proceed as planned. If the trace is
determined to be active, the project plans shall be revised to incorporate an appropriate setback
from the trace in accordance with the Alquist-Priolo Earthquake Fault Zoning Acl.
Support for Finding: Mitigation is proposed that would require the proposed
project to maintain the existing 50-foot and 35-foot setbacks from each feature, respectively.
(OEIR p. 4.4-17.) The implementation of this mitigation measure would ensure that the
proposed project would not unduly expose building occupants to fault rupture hazards and that
potential impacts would be reduced to a level ofless than significant. (Id.)
Mitigation is proposed that would require a qualified engineering geologist to observe all
excavations for building foundations to determine if any fault traces are present. (Id.) If a fault
trace is observed,. excavation activity would be halted and the trace would be investigated to
determine if it is active. (Id.) If it is found to be active, the project plans would be revised to
incorporate an appropriate setback in accordance with the Alquist-Priolo Earthquake Fault
Zoning Act. (Id.) With the implementation of this mitigation measure, potential fault rupture
hazards would be reduced to a less than significant level. (Id.)
2. Strong Ground Shaking. The project site is located within the San
Andreas Fault Zone and, therefore, may be exposed to strong ground shaking during an
earthquake. (OEIR p. 4.4-18.) Strong ground shaking may result in damage or destruction to
poorly designed or constructed buildings during a seismic event and could result in injury or loss
of life.
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Finding: The following measure has been identified to reduce the significance of
potential impacts regarding Strong Ground Shaking to a level ofless than significant:
Mitigation Measure GEO-l: The proposed project's plans shall incorporate all
applicable earthwork and structural design recommendations contained in the Geotechnical
Investigation Report prepared by Converse Consultants or an equivalent study prepared for the
proposed project. This includes recommendations for, but not limited to, demolition, vegetation
removal, utility abandonment, grading, soil engineering, slopes, drainage, foundations, retaining
walls, and pavement areas. Specific actions that shall be implemented include:
. All pavement, undocumented fill, and debris located within the upper 3 to 6 inches of
existing vegetation shall be removed.
. All non-alluvial soils located within the upper 4 to 7 feet of soil shall be removed and
replaced with compacted fill.
. Subgrade soil surfaces that will receive compacted fill shall be scarified. The scarified
soil shall be moisture-conditioned to within 3 percent of optimum moisture content.
. Compacted fill shall laterally extend to at least 10 feet beyond exterior footing edges,
except where confined by the existing Wal-Mart structure.
. The proposed building shall be supported by continuous or isolated footings.
Continuous footings shall be founded on compacted fill with thickness of at least 4 feet or equal
to footing width, whichever is greater. Isolated footings shall be founded on compacted fill with
a thickness of at least 5 feet or equal to one-half the footing width, whichever is greater. Fill
under foundations and slab-on-grade shall be compacted to at least 95 percent of the laboratory
dry density and within 3 percent of optimum moisture content.
. For shallow footings founded on compacted fill, an allowable net bearing capacity of
3,000 pounds per square foot shall be used. Continuous and isolated footings shall be at least 24
inches wide and embedded at least 24 inches below the lowest adjacent final soil grade.
. Resistance to lateral loads shall be provided by the passive earth pressures acting
behind the footings and by the frictional resistance at the base. An allowable value of the passive
earth pressure resistance of 280 pounds per square foot per foot offooting depth shall be used in
design. The passive resistance shall be limited to maximum of 3, 000 pounds per square foot. An
ultimate value of the frictional coefficient of 0.35 shall be used to evaluate base frictional force
between soil and concrete.
Support for Finding: To abate potential for ground shaking hazards, mitigation
is proposed that would require the project applicant to implement all applicable earthwork and
structural design recommendations contained in the Geotechnical Investigation Report prepared
by Converse Consultants or an equivalent study, should one be prepared at a later date. (OEIR p.
4.4-18.) The implementation of the report's recommendations into the project design would
ensUre that ground shaking hazards are reduce to acceptable levels and, therefore, would not
expose persons or structures to significant hazards.
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3. Erosion. Construction activities associated with the proposed project
would involve vegetation removal, grading, and excavation activities that could expose barren
soils to sources of wind or water, resulting in the potential for erosion and sedimentation on and
off the project site. (OEIR p. 4.4-20.)
Finding: The following measure has been identified to reduce the significance of
potential impacts regarding Erosion to a level ofless than significant:
Mitigation Measure: Refer to Mitigation Measure HYD-l, below.
Support for Finding: National Pollutant Discharge Elimination System
(NPDES) stormwater permitting programs regulate stormwater quality from construction sites,
which includes erosion and sedimentation. Under the NPDES permitting program, the
preparation and implementation of a Stormwater Pollution Prevention Plan (SWPPP) are
required for construction activities that would disturb an area of 1 acre or more. (OEIR p. 4.4-
20.) The SWPPP must identify potential sources of erosion or sedimentation that may be
reasonably expected to affect the quality of stormwater discharges as well as identify and
implement Best Management Practices (BMPs) that ensure the reduction of these pollutants
during stormwater discharges. (DEIR p. 4.4-21.) Typical BMPs intended to control erosion
include sandbags, detention basins, silt fencing, storm drain inlet protection, street sweeping, and
monitoring of water bodies. These requirements have been incorporated into the proposed
project as mitigation. The implementation of a SWPPP and its associated BMPs would reduce
potential erosion impacts to a less than significant level.
E. Hazards.
1. Past & Present Site Usage. Based on site reconnaissance and the
findings of the Phase I ESA, there are three hazardous materials concerns on the project site: (1)
hazardous materials associated with the Tire & Lube Express; (2) fixtures or equipment that may
contain PCBs, mercury, or CFCs; and (3) the Southern California Edison electrical transformer
in the northeastern portion of the project site. (DEIR p. 4.5-8.)
. Tire & Lube Express Hazardous Materials
The Tire & Lube Express performs basic automotive maintenance (e.g., oil changes, tire
replacement and rotation, battery replacement) and stores materials that are used in those
activities, as well as byproducts of those activities (e.g., automotive batteries, motor oil, vehicle
fluids, etc.). Materials are stored in four ASTs and several drums. The proposed project would
remove the Tire & Lube Express from the store and, therefore, would necessitate the proper
removal of hazardous materials and their associated storage vessels. (DEIR p. 4.5-9.)
. Fixtures or Equipment Containing PCBs, Mercury, or CFCs
The existing Wal-Mart store contains light ballasts, thermostats, temperature control
switches, refrigeration, and air conditioning units. These fixtures and pieces of equipment may
contain PCBs, mercury, or CFCs. (DEIR p. 4.5-9.)
. Electrical Transformer
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A Southern California Edison electrical transformer is located in the northeastern portion
of the project site and may contain transformer oil. (OEIR p. 4.5-9.) The transformer would be
removed because it is located in the footprint of the expanded store. Removal of the transformer
has the potential to expose persons to transformer oil, which may contain PCBs. (Id.)
Finding: The following measures have been identified to reduce the significance
of potential impacts regarding Past & Present Site Usage to a level ofless than significant:
Mitigation Measure HAZ-Ia: Prior to the commencement of demolition activities
for the Tire & Lube Express, the project applicant shall retain a certified contractor to remove
all potentially hazardous materials and associated storage vessels (e.g., ASTs and drums) stored
in that area. This includes, but is not limited to, used automotive batteries, waste oil, and vehicle
fluids, and any hazardous materials containment systems associated with those items.All removal
activities must be completed prior to commencement of demolition activities.
Mitigation Measure HAZ-lb: If evidence of soil staining is encountered in the
vicinity of the Tire & Lube Express, construction activities shall cease until a qualified
hazardous materials contractor has determined the extent and significance of the staining. The
contractor shall evaluate the stained soil and determine if it should be removed or otherwise
abated. If the soil must be removed or abated, such activities must be completed before
earthwork or construction activities can resume within 50 feet of the stained soil.
Mitigation Measure HAZ-lc: Prior to the commencement of demolition
activities, the project applicant shall retain a certified hazardous waste contractor to determine
the presence or absence of PCBs, mercury, or CFCs in any equipment that may contain such
substances (e.g., light ballasts, thermostats and temperature control switches, refrigeration or
air-conditioning units). If such substances are found to be present, the contractor shall properly
remove and dispose of these hazardous materials in accordance with federal and state law. All
removal and disposal activities shall be completed prior to commencement of demolition
activities.
Mitigation Measure HAZ-ld: Prior to the commencement of demolition
activities, the project applicant shall retain a certified contractor to remove or relocate the
Southern California Edison electrical transformer located in the northeastern portion of the
project site. If there is evidence of transformer oil leakage, PCB testing shall be performed and
the results shall be provided to the City of San Bernardino. The project applicant shall be
responsible for remediating any PCB leakage associated with the transformer. All remediation
activities shall be completed prior to commencement of demolition activities.
Support for Finding: Mitigation is proposed that would require all hazardous
materials and storage vessels associated with the Tire & Lube Express to be properly removed
and disposed of by a qualified hazardous materials contractor prior to demolition activities.
(DEIR p. 4.5-9.) In addition, because the potential exists for soil staining to be encountered near
the Tire & Lube Express, mitigation is proposed that would require stained soil to be evaluated
for its significance and, if necessary, be removed or abated prior to the resumption of
construction activities. (Id.) The implementation of this mitigation measure would ensure that
human health and the environment are not exposed to significant hazards associated with the Tire
23
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& Lube Express.
Mitigation is proposed that would require a hazardous materials contractor to
determine if these hazardous materials are present onsite and, if necessary, properly remove and
dispose of such materials prior to the commencement of demolition. (Id. )The implementation of
this mitigation measure would ensure that human health and the environment are not exposed to
significant hazards associated with PCBs, mercury, or CFCs. (Id.)
Mitigation is proposed that would require the transformers to be properly
removed to ensure that impacts are reduced to a less than significant level. (Id.)
F. Hydrology & Water Quality
1. Short-Term Water Quality. Project implementation would require
extensive construction and grading. (DEIR p. 4.6-9.) During these activities, there would be the
potential for surface water to carry sediment from onsite erosion and small quantities of
pollutants into the stormwater system and local waterways. (Id.) Soil erosion may occur along
project boundaries during construction in areas where temporary soil storage is required. Small
quantities of pollutants have the potential for entering the storm drainage system, thereby
potentially degrading water quality. (Id.)
Construction of the proposed project would also require the use of gasoline and diesel
powered heavy equipment, such as bulldozers, backhoes, water pumps, and air compressors. (Id.)
Chemicals such as gasoline, diesel fuel, lubricating oil, hydraulic oil, lubricating grease,
automatic transmission fluid, paints, solvents, glues, and other substances would be utilized
during construction. (Id.) An accidental release of any of these substances could degrade the
water quality of the surface water runoff and add additional sources of pollution into the drainage
system.
Finding: The following measure has been identified to reduce the significance of
potential impacts regarding Short-Term Water Quality to a level of less than significant:
Mitigation Measure HYD- I: Prior to the issuance of grading permits, the project
applicant shall prepare and submit a Storm water Pollution Prevention Plan (SWPPP) to the City
of San Bernardino that identifies specific actions and Best Management Practices (BMPs) to
prevent stormwater pollution during construction activities. The SWPPP shall identify a
practical sequence for site restoration, BMP implementation, contingency measures, responsible
parties, and agency contacts. The SWPPP shall include, but not be limited to, the following
elements:
. Temporary erosion control measures shall be employed for disturbed areas.
. No disturbed surfaces will be left without erosion control measures in place during the
winter and spring months.
. Sediment shall be retained onsite by a system of sediment basins, traps, or other
appropriate measures.
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. The construction contractor shall prepare Standard Operating Procedures for the
handling of hazardous materials on the construction site to eliminate or reduce discharge of
materials to storm drains.
. BMP performance and effectiveness shall be determined either by visual means where
applicable (e.g., observation of above-normal sediment release), or by actual water sampling in
cases where verification of contaminant reduction or elimination (such as inadvertent petroleum
release) is required by the Santa Ana River Regional Water Quality Control Board to determine
adequacy of the measure.
. In the event of significant construction delays or delays in final landscape installation,
native grasses or other appropriate vegetative cover shall be established on the construction site
as soon as possible after disturbance, as an interim erosion control measure throughout the wet
season.
Support for Finding: The NPDES stormwater permitting programs regulate
stormwater quality from construction sites. (Id.) Under the NPDES permitting program, the
preparation and implementation of SWPPPs are required for construction activities more than 1
acre in area. The SWPPP must identify potential sources of pollution that may be reasonably
expected to affect the quality of stormwater discharges as well as identify and implement BMPs
that ensure the reduction of these pollutants during stormwater discharges. (Id.)
The measures proposed by the Project applicant are consistent with standard SWPPP
requirements and are expected to be accepted by the reviewing agencies. (DEIR p. 4.6-11.)
However, to ensure that these measures are implemented, mitigation is proposed that would
require the project applicant to prepare and implement a SWPPP. (Id.) The implementation of
the mitigation measure would ensure that potential, short-term, construction water quality
impacts are reduced to a level ofless than significant.
2. Long-Term Water Quality. The introduction of commercial uses
on the project site would result in increased vehicle use and potential discharge of associated
pollutants. (DEIR p. 4.6-12.) Leaks of fuel or lubricants, tire wear, and fallout from exhaust
contribute petroleum hydrocarbons, heavy metals, and sediment to the pollutant load in runoff
being transported to receiving waters, notably City Creek east of the project site. Runoff from the
proposed landscaped areas may contain residual pesticides and nutrients. (Id.)
The expansion of the Wal-Mart store will not substantially increase impervious surface-
coverage on the project site because the footprint of the expanded building would be located on
an existing parking lot. (Id.) The proposed project would reuse the existing but upgraded storm
drainage infrastructure, adding four catch basins and additional inlets and piping in the vicinity
of the expanded portion of the store. (Id.)
Finding: The following measure has been identified to reduce the significance of
potential impacts regarding Long-Term Water Quality to a level of less than significant:
Mitigation Measure HYD-l: Prior to the issuance of building permits, the project
applicant shall submit a stormwater management plan to the City of San Bernardino for review
and approval. The plan shall include stormwater treatment/pollution prevention devices, such as,
25
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,..;
but not limited to:
. Proprietary underground, inline treatment devices
. Porous/permeable pavement
. Green roofs (which incorporate vegetation) and blue roofs (which incorporate
detention or retention of rain)
. Curb cuts in parking areas
. Rock-lined areas along landscaped areas in parking lots
. Vegetated swales with check dams
. Oil/grease separators for parking areas
. Catch basins
. Storage of fertilizer and other agricultural chemicals in covered areas underlain by
waterproof surfaces and surrounded with proper containment devices The project applicant
shall also prepare and submit an Operations and Maintenance Agreement to the City identifying
procedures to ensure that stormwater quality control measures work properly during operations.
Support for Finding: Mitigation is proposed that would require the project
applicant to prepare and submit a stormwater quality management plan to the City of San
Bernardino for review and approval. (Id.) The plan would require the project applicant to
document various stormwater quality control measures that would be in effect during project
operations to ensure that water quality in downstream water bodies is not degraded. (Id.) This
would also ensure that the proposed project is consistent with the Federal Anti-Degradation
Policy. (Id.) The implementation of the mitigation measure would ensure that potential, long-
term, operational water quality impacts are reduced to a level of less than significant. (Id.)
G. Public Services & Utilities
1. Potable Water. The expanded Wal-Mart store is anticipated to demand
9,700 gallons of water per day, of which 4,600 gallons per day would be for domestic use and
5,100 gallons per day would be for outdoor irrigation. (DEIR p. 4.9-22 & 23.) These figures
were provided by the project engineer and are based on observed usage rates at Wal-Mart stores
with similar square footages. (Id.)
However, EVWD indicates that the existing Wal-Mart store demands an average 5,503
gallons per day for domestic use and 16,482 gallons per day for outdoor irrigation. (Id.) EVWD
notes that it is likely that the irrigation figure includes all landscaped areas of the Highland
Avenue Plaza. Both the existing domestic and outdoor irrigation demand figures are greater than
the rates projected for the store, and EVWD suggested that the above projections may understate
actual demand. Accordingly, this EIR used EVWD's rates as the basis for calculating store water
demand. (Id.)
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Outdoor irrigation water usage is not anticipated to change because most of the
landscaping on the project site would remain unchanged or removed and would be replaced with
similar plants and shrubs. (Id.) Domestic water usage is anticipated to increase at a rate
commensurate with the increase in square footage. Table 4.9-16 of the DEIR summarizes the
projected increase in domestic water demand based on a gallon-per-square-foot factor of 0.042.
(Id.) As shown in the table, the expanded Wal-Mart store is anticipated to result in a net increase
of 1,766 gallons per day above the existing store's demand. On an annual basis, this would
represent a net increase of 1.98 acre-feet. (Id.)
In the interests of disclosure, EVMWD released revised water supply estimates in
November 2008 as part of the 2007 Upper Santa Ana River Watershed Integrated Regional
Water Management Plan that forecast reduced water supplies from the State Water Project.
(FEIR 3-22.) These figures are lower than those shown in Table 4.9-6 and Table 4.9-8, which
were provided in the 2005 Urban Water Management Plan. (Id.) However, EVMWD obtains
most of its water supply from groundwater sources and anticipates surpluses under normal year,
single dry year, and multiple dry year scenarios in excess of its reduced State Water Project
allotment (refer to Table 4.9-8, Table 4.9-9, and Table 4.9-10). (Id.) Regardless, this does not
change the previous conclusion that with the implementation of Mitigation Measures PSU-3a
and PSU-3b, which require the proposed project to implement various indoor and outdoor water
conservation measures to reduce overall water usage, impacts would be reduced to a level ofJess
than significant. (Id.)
EVWD indicated that it would be able to cover the increase in demand from existing
water supplies and, therefore, would not need to obtain additional entitlements or supplies to
serve the proposed project. (OEIR p. 4.9-22 & 23.) In addition, EVWD did not identify a need
for additional treatment capacity or conveyance capacity to serve the proposed project.
Nonetheless, long-term water supply is a significant concern in California, and the proposed
project can reduce its demand on water supply through the implementation of water conservation
measures. (Id.)
Findiog~ The following measure has been identified to reduce the significance of
potential impacts regarding Potable Water to a level ofless than significant:
Mitigation Measure PSU-3: Prior to issuance of building permits, the project
applicant shall submit landscaping plans to the City of San Bernardino for review and approval
that identify the following outdoor irrigation water conservation measures:
. Drought resistant vegetation
. Irrigation systems employing at least four ofthefollowingfeatures:
- Drip irrigation- Low-precipitation-rate sprinklers
- Bubbler/soaker systems
- Programmable irrigation controllers with automatic rain shutoffsensors
- Matched precipitation rate nozzles that maximize the uniformity of the water
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distribution characteristics of the irrigation system
_ Conservative sprinkler spacing that minimize overs pray onto paved surfaces
_ Hydrozones that keep plants with similar water needs in the same irrigation zone
. Minimally or gently sloped landscaped areas to minimize runoff and maximize
infiltration
. Organic topdressing mulch in non-turf areas to decrease evaporation and increase
water retention
Support for Finding: Mitigation is proposed that would require the project
applicant to implement outdoor irrigation and indoor domestic water conservation measures and
practices. (Id.) These measures would reduce overall project demand for potable water and
ensure that long-term water supply impacts are less than significant. (Id.)
Operational solid waste generation estimates were calculated by using a standard
commercial waste generation rate provided the California Integrated Waste Management Board.
As shown in Table 4.9-19 of the DEIR, the proposed project is estimated to generate 411.5 tons
of solid waste annually, which represents a net increase of 100 tons above the store's existing
solid generation rate. Actual solid waste generation would be expected to be less than 411.5 tons
of solid waste annually because of Wal-Mart Stores, Inc. 'g corporate requirements for recycling
facilities and practices at its stores.
2. Solid Waste. Solid waste would be generated by construction and
operational activIties. While the estimate of 81.0 tons of construction waste would be an
extremely small amount relative to existing capacity at the Colton and Mid Valley landfills, it is
still considered ,substantial because the City of San Bernardino currently falls below the State's
waste diversion goal of 50 percent. (DEIR p. 4.9-26.)
Finding: The folJowinF_ measure has been identified to reduce the significance of
potential impacts regarding Solid Waste to a level of less than significant:
Mitigation Measure: Prior to issuance of building permits, the project applicant
shall retain a qualified contractor to perform construction and demolition debris recycling. The
contractor shall be approved by the City of San Bernardino. The project applicant shall provide
documentation to the satisfaction of the City of San Bernardino demonstrating that construction
and demolition debris was recycled.
Support for Finding: Mitigation is proposed that would require the
project applicant to retain a contractor to recycle construction and demolition debris. (Id.) The
implementation of this mitigation measure would reduce potential impacts to a less than
significant level. (Id.) New Wal-Mart stores are typically constructed using the recycled
materials. (DEIR p. 4.9-27.) Although the use of recycled building materials would not affect
the proposed project's construction waste generation, it does promote the broader objective of
diverting recoverable materials from landfills. Because Wal-Mart's recycling practices are
standard features, it is assumed that they will be in place and serve to divert recyclable materials
28
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from the waste stream. (DEIR p. 4.9-28.) Therefore, solid waste impacts from project operations
would be reduced to a less than significant level.
H. Transportation
1. Public Transit, Bicycles, and Pedestrians. Two Omnitrans bus
routes serve the Highland Avenue Plaza: Route 3/4 and Route 15. (OEIR p. 4.10-83.) Currently,
the Omnitrans bus stop on westbouild Highland Avenue, adjacent to the Highland Avenue Plaza
frontage, consists of sign and a concrete bench. Because the expanded Wal-Mart store would be
larger than the existing store and would operate 24 hours a day, it would be expected that transit
usage would increase. Given the anticipated increase in usage, the existing bus stop would not be
adequate for providing a safe and convenient waiting facility, particularly during the nighttime
hours or rainy or windy conditions.
Both Highland Avenue and Boulder Avenue have existing Class n bicycle facilities and
serve as east-west and north-south bike corridors, respectively. (OEIR p. 4.10-84.) In addition,
Piedmont Drive provides bicycle access to the Highland Avenue Plaza from residential
neighborhoods to the west and north. (Id.) Given the proximity of bicycle facilities and nearby
residential neighborhoods, it would be expected that some customers and employees would use
bicycles to travel to the proposed project. (Id.)
Highland Avenue has existing sidewalks on both the north and south sides of the street.
Highland Avenue is designated a Local Multi-Purpose Trail by the City of San Bernardino
General Plan. (DEIR p. 4.10-84.)
Finding: The following measure has been identified to reduce the significance of
potential impacts regarding Public Transit, Bicycles, and Pedestrians to a level of less than
significant:
Mitigation Measure Trans-6a: Prior to project occupancy, the project applicant
shall install an enhanced Omnitrans bus stop on the Highland Avenue Plaza frontage with
Highland Avenue. The bus stop shall conform to Omnitrans design requirements and include, at
a minimum: a shelter, signage, transit information, lighting, and a trash receptacle. Alternately,
the project applicant can satisfy this requirement by providing payments to Omnitrans for the
cost of this improvement if Omnitrans commits to having it in place prior to project occupancy.
Mitigation Measure Trans-6b: Prior to occupancy, the project applicant shall
install bicycle racks near the store entrance for customer use and provide a bicycle storage
facility in an "employee only" area of the storeIor employee use. The customer bicycle racks
shall provide capacity for at least 35 bicycles, which is equivalent to 5 percent of the minimum
required vehicular parking for the store. The employee bicycle storage facilities shall be
provided in a secure area (i.e., non-publicly accessible) in recognition that employees will
require bicycle storage for longer periods than customers.
Support for Finding: Mitigation is proposed that would require the project
applicant to install an enhanced bus stop on the project frontage that would include amenities
such as a shelter, signage, transit information, lighting, and a trash receptacle. (DEIR p. 4.10-83.)
29
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The implementation of this mitigation measure would ensure that adequate access to public
transit is provided.
To facilitate bicycle access, mitigation is proposed that would require both customer and
employee bicycle storage to be provided. (OEIR p. 4.10-84.) The provision of these bicycle
storage facilities would ensure that adequate storage is available. (Id.)
The site plan (Exhibit 3-4) depicts a pedestrian connection between Highland Avenue and
the Wal-Mart store entrance that would provide convenient and safe access to the store. (OEIR p.
4.1 0-84.) This is an improvement over the existing condition, in which no such connection
exists. This project design feature would also enhance the effectiveness of Mitigation Measure
TRANS-6a, which requires the installation of an enhanced Omnitrans bus stop on the project
frontage. (Id.)
SECTION 5
EN1nRONMENTALIMPACTS
NOT FULLY MITIGATED TO LESS THAN SIGNIFICANT
The Planning Commission of the City of San Bernardino finds the following
environmental impacts identified in the EIR remain significant even after application of all
feasible mitigation measures: cumulative air quality impacts, and construction noise impacts:
In accordance with CEQA Guidelines Section l5092(b)(2), the Planning Commission of
the City of San Bernardino cannot approve the project unless it first finds (1) under CEQA
Section 2J08l(a)(3), and CEQA Guidelines Section 1509l(a)(3), that specific economic, legal,
social technological, or other considerations, including provisions of employment opportunities
to highly trained workers make infeasible the mitigation measures or project alternatives
identified in the Final EIR; and (2) under CEQA Guidelines section 15092(b), that the remaining
significant affects are acceptable due to overriding concerns described in the CEQA Guidelines
Section 15093 and, therefore, a statement of overriding considerations is included herein.
A. Noise
1. Construction Related Impacts: The closest noise-sensitive land uses to
the project site are the mobile homes to the north, with the nearest residential structures located
approximately 80 feet from the proposed demolition and construction areas. (DEIR p. 4.8-40.)
Construction noise impacts on nearby sensitive receptors have been calculated according to the
equipment noise levels established by the Sound Plan model. (Id.) The loudest phase of
construction would be anticipated to occur during the demolition of the existing Tire & Lube
Express and garden center. (Id.) Demolition noise has been modeled on the simultaneous
operation of four jackhammers and one dozer. (/d.) The equipment was spread evenly around the
area to be demolished. The noise level emitted from each piece of equipment was based on the
values in Table 4.8-1 of the DEIR, which shows that a jackhammer would produce 89 dB at 50
feet and a dozer would create 82 dB at 50 feet. (Id.) A summary of the results of the construction
noise impacts are shown below in Table 4.8-17, and the Sound Plan model printouts are provided
in Appendix E to the OEIR. Table 4.8-17 of the OEIR shows that Receivers 7 and 8 would
30
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exceed the City's 65-dBA exterior stationary noise standard, with the average noise levels during
the grading operations as high as 80.6 dBA Leq at the facades of the nearby homes. (OEIR p.
4.8-41.) This is considered a potentially significant impact. (Id.)
Finding: Mitigation is proposed that would require the project applicant to
implement noise reduction measures and practices during construction. (DEIR p. 4.8-41.) The
measures include limiting construction activities to daytime hours, using noise attenuation
devices on heavy equipment, locating staging and maintenance areas at least 300 feet from
residences, requiring that stationary equipment be shielded with a noise protection barrier when
operating within 300 feet of a residence, and providing written notification to nearby residents
about construction activities. (Id.) Although these measures would be expected to minimize
adverse noise effects on the Mountain Shadows Mobile Home Community, there is still the
possibility that construction noise levels would be perceived as annoying at nearby residences at
certain times. (Id.) No feasible mitigation is available to reduce this impact to a level ofless than
significant; therefore, this would be a significant unavoidable impact of the proposed project.
(Id.)
Mitigation Measure NOI-l: The project applicant shall require construction
contractors to adhere to the following noise attenuation requirements:
. Construction activities shall be limited to the hours of 7 a.m. to 7 p.m. Monday
through Saturday.
. All construction equipment shall use noise reduction features (e.g., mufflers and
engine shrouds) that are no less effective than those originally installed by the manufacturer.
. Construction staging and heavy equipment maintenance activities shall be
performed a minimum distance of 300 feet from the nearest residence, unless safety or technical
factors take precedence.
. Stationary combustion equipment such as pumps or generators operating within
300 feet of the nearest residence shall be shielded with a noise protection barrier.
. The construction contractor shall provide written notification to the nearby
residences about potential noise from construction activities at least 10 days prior to the
beginning of project construction. The notification shall indicate the days and hours when
construction activities are anticipated to occur and provide contact information of the
construction superintendent and store management for residents to use in the event of questions
or concerns about construction noise.
. No trucks waiting to be loaded or unloaded with material during construction
activities shall be left to idle for more than 5 minutes, pursuant to state law.
B. Traffic
1. Near-Term Intersection Operations: Near-term conditions represent
existing conditions with the addition of traffic volumes from ambient growth and planned and
approved projects in Highland (refer to Table 4.10-6). (OEIR p. 4.10-47.) Near-term intersection
31
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...<
operations are intended to represent the project opening year (2010) and were evaluated under
''without project" and ''with project" scenarios. (Id.) Under the near-term without project
scenario, Boulder AvenuelPacific Street would operate at unacceptable levels. The same result
would occur under the near-term with project scenario. (Id.)
Mitigation is proposed that would require the project applicant to provide fair-
share payments towards construction of improvements at the intersection. (OEIR p. 4.10-48.)
The improvements would consist of signalizing the intersection and adding a left turn lane in
both northbound and southbound directions. (Id.) Exhibit 4.10-11 depicts the necessary
improvements. (Id.) Table 4.10-8 provides a summary of the mitigated LOS at the study
intersections. As shown in the table, after the implementation of mitigation, both deficient
intersections would operate at LOS C or better during the afternoon peak hour and, therefore,
would be improved to acceptable levels. (Id.)
Finding: Based on the proposed project's contribution of traffic volumes, the
project applicant is only obligated to contribute 3.2 percent of the cost of the improvement;
therefore, 96 percent of the remaining cost would need to be borne by other funding sources.
(DEIR p. 4.10-65.) Given the uncertainty of other funding sources being available to cover the
cost of the balance of the improvements, there is the potential that these improvements would not
be in place prior to project occupancy. (Id.) Therefore, if the improvements were not in place,
then the Boulder A venue/Pacific Street intersection would likely operate at unacceptable levels.
(Id.) Therefore, there is the possibility that the impact will not be fully mitigated, and a
significant impact would occur. (Jd.) For this reason, no feasible mitigation is available to
reduce this impact to a level of less than significant; therefore, this would be a significant
unavoidable impact of the proposed proj ect. (Id.)
Mitigation Measure TRANS-I: Prior to issuance of building permits, the project
applicant shall provide ''fair-share'' payments to the City of San Bernardino for improvements
to the intersection of Boulder Avenue/Pacific Street. The improvements shall consist of the
installation of a traffic signal, the installation of an eastbound left-turn lane, and the installation
of a westbound left-turn lane. The project applicant is responsible for 3.2 percent of the cost of
these improvements in accordance with SANBAG methodology for calculating equitable share.
(FEIR 3-25.)
2. Long-Term Intersection Operations: As shown in Table 4.10-9 of the
DEIR, under the long-term without project scenario, three intersections are projected to operate
at unacceptable LOS. (OEIR p. 4.10-77.) With the addition of traffic generated by the proposed
project, the same four intersections would operate at unacceptable LOS. (/d.) The three
intersections that operate at unacceptable LOS under both scenarios are listed below.
. Highland Avenue/Boulder Avenue
. Boulder A venue/Pacific Street
. Boulder Avenue/Baseline Street
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Mitigation is proposed that would require the project applicant to provide fair-share
payments towards construction of improvements at the three intersections. (Id.) Based on the
proposed project's contribution of traffic volumes, the project applicant is only obligated to
contribute the following percentages to improvements at each intersection, with the total
estimated cost of the improvement in parentheses:
. Highland AvenuelBoulder Avenue: 13.1 percent ($75,000)
. Boulder Avenue/Pacific Street: 3.2 percent ($490,000)
. Boulder AvenuelBaseline Street: 1.0 percent ($75,000)
The project applicant's share ranges from 1.0 to 13.1 percent; therefore, 86 to 99 percent
of the remaining cost of improvements at each intersection would need to be borne by other
funding sources. (Id.) Given the uncertainty of other funding sources being available to cover the
cost of the balance of the improvements, there is the potential that these improvements would not
be in place at the time that unacceptable intersection operations occur (i.e., Year 2030). (OEIR p.
4.10-78.) Therefore, if the improvements are not in place, then the intersections of Highland
AvenuelBoulder Avenue, Boulder Avenue/Pacific Street, and Boulder Avenue/Baseline Street
would likely operate at unacceptable levels. (/d.)
Finding: There is the possibility that the impact will not be fully mitigated, and a
significant impact would occur. For this reason, the residual significance of this impact is
significant and unavoidable. There is no feasible mitigation that would reduce this impact to a
level ofless than significant.
Mitigation Measure TRANS-la: Prior to issuance of building permits, the
project applicant shall provide ''fair-share'' payments to the City of San Bernardino for
improvement to the intersection of Highland Avenue/Boulder Avenue. The improvement shall
consist of the construction of an exclusive right-turn lane on eastbound Highland Avenue and
modification of the signal operation to allow right-turn overlap phasing. The project applicant is
responsible for 13.1 percent of the cost of this improvement in accordance with SANBAG
methodology for calculating equitable share.
Mitigation Measure TRANS-lb: Prior to issuance of building permits, the
project applicant shall provide ''fair-share'' payments to the City of San Bernardino for
improvement to the intersection of Boulder Avenue/Baseline Street. When the City of Highland
constructs improvements at Boulder Avenue/Baseline Street intersections as a future City
project, the City of Highland will request the City of San Bernardino to contribute the collected
fair share amount toward the improvement. The improvement shall consist of the construction of
a second left-turn lane on northbound Boulder Avenue and modification of the signal operation
to allow right-turn overlap phasing. The project applicant is responsible forI. 0 percent of the
cost of this improvement in accordance with SANBAG methodology for calculating equitable
share.
33
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SECTION 6
CUMULATIVE IMPACTS
Cumulative Impacts refer to one or more individual effects which considered
together compel or increase the environmental impact of a proposed project. State CEQA
Guidelines require a discussion of the Cumulative Impacts of a Project "when the Projects
incremental effects are cumulatively considerable." For example, the incremental effects of an
individual project are considerable when viewed in connection with the effects of past projects,
the effects of other current projects, and the effects of probable future projects. The Planning
Commission of the City of San Bernardino finds and determines that the discussion of
cumulative impacts in the OEIR provides adequate and sufficient discussion of the Cumulative
Impacts of the Project pursuant to CEQA Guidelines Section 15130.
A. Cumulative Impacts: Aesthetics, Light, and Glare
The geographic scope of the cumulative aesthetics, light, and glare analysis is the area
surrounding the project site. (DEIR p. 6-3.) The project site is located within the Highland
Avenue Plaza, an existing shopping center. The proposed expansion would maintain the height
of the existing building and add building massing to the west and east sides. (Id.) The proposed
project would have a Floor Area Ratio of 0.26, which is within the General Plan's FAR limit of
0.75. (Id.) The appearance of the expanded Wal-Mart store would employ a contemporary retail
design. Landscaping would be installed in highly visible areas, including in parking areas. (Id.)
The expanded Wal-Mart store would be compatible with the commercial visual character of the
Highland Avenue Plaza and the San Manuel Village project, under development on the opposite
side of Highland Avenue from the project site. (DEIR p. 6-4.) In addition, the proposed project
would be consistent with the urban character of the existing residential uses west and north of the
project site. (Id.) As such, the proposed expansion would not represent a significant change
relative to the existing ambient visual appearance of the surrounding area. (Id.) Therefore, the
proposed project's visual character impacts would not be cumulatively considerable.
Finding: Light and glare emitted 'by the expanded Wal-Mart store would not
represent a significant increase above existing levels of ambient illumination in the project
vicinity because all project lighting fixtures would be shielded or directed downward to prevent
spillover. It is reasonable to assume that other related projects will implement mitigation that
would reduce spillover light. Therefore, cumulative impacts are anticipated to be less than
significant, and the proposed project's light and glare impacts would not be cumulatively
considerable.
B. Cumulative Impacts: Air Quality
The geographic scope of the cumulative air quality analysis is the South Coast Air Basin.
With the implementation of dust control mitigation, the proposed project's construction
emissions would not exceed the South Coast Air Quality Management District's (SCAQMD)
regional or local significance thresholds. (DEIR p. 6-4.) The proposed project's operational
emissions also would not exceed SCAQMD's regional or local significance thresholds.
Therefore, the proposed project would not have a significant cumulative contribution of criteria
34
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pollutants to the Air Basin. (Id.) The proposed project's diesel particulate matter emissions also
do not exceed established health risk exposure thresholds; therefore, they would not add a
significant cumulative contribution of diesel particulate matter to the Air Basin. (Id.)
The proposed project would result in a net increase of greenhouse gas emissions;
however, compliance with applicable Climate Action Team strategies demonstrates that this
increase is not considered a significant cumulative contribution over the baseline concentration
of greenhouse gases because the project would expand an existing store in an urbanized area
(Id.) Reusing an existing developed site within the urban footprint results in far fewer
greenhouse gas emissions than developing an urban project in an undeveloped area. (Id.) In
addition, the proposed project would install an enhanced Omnitrans bus stop; bicycle storage
facilities for customers and employees; and a safe, direct pedestrian connection between the store
entrance and Highland Avenue. (Id.) These features would enhance the viability of public
transit, bicycling, and walking and contribute to a reduction in criteria pollutant and greenhouse
gas emissions. (Id.)
Finding: Based on the discussion above, the proposed project's aIr quality
impacts would not be cumulatively considerable.
C. Cumulative Impacts: Biological Resources
The geographic scope of the cumulative biological resources analysis is the San
Bernardino/Highland area. The project site is in an urban, built-up state and does not contain any
significant biological habitat or special-status plant or animal species. The project site contains at
least a dozen mature ornamental trees that provide nesting habitat for passerine and raptor bird
species protected by the Migratory Bird Treaty Act. In addition, the proposed project would
mitigate the loss of the trees by requiring that they be replaced at a ratio of no less than 2:1. This
would ensure that there is no net loss of trees in the San Bernardino/Highland area.
Finding: The implementation of standard construction mitigation measures,
discussed in section 4 above, would ensure that no protected bird species are adversely affected
by tree removal activities and, therefore, would not affect the biological viability of these species
in the San Bernardino/Highland area. (OEIR p. 6-4.) In addition, the proposed expansion would
not result in significant changes to the existing ambient biological environment of the San
Bernardino/Highland area. (DEIR p. 6-5.) It is reasonable to assume that other related projects
would implement mitigation that will reduce potential impacts to special-status species and
comply with local biological policies and ordinances; therefore, cumulative impacts are
anticipated to be less than significant, and the proposed project would not have a cumulatively
considerable impact on biological resources. (Id.)
D. Cumulative Impacts: Geology, Soils, and Seismicity
The geographic scope of the cumulative geology, soils, and seismicity analysis is the San
Bernardino/Highland area. (DEIR p. 6-5.) The project site is in an urban, built-up state and
contains a Wal-Mart store, parking areas, and landscaping. A splay of the San Andreas Fault
Zone traverses the northeastern portion of the project site. (Id.) Mitigation is proposed that
35
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would require that all structures be set back appropriate distances from the fault in accordance
with State law. (Id.) In addition, mitigation is proposed that would require monitoring of
earthwork activities for the presence of fault traces and, if necessary, make project modifications
if such traces are found. (Id.) The implementation of certain mitigation measures, discussed in
section 4 above, would ensure that fault rupture hazards are reduced to a level of less than
significant and, therefore, would ensure that the proposed project would not contribute to area-
wide fault rupture exposure. (Id.)
Project construction activities would involve grading and soil engineering practices
intended to ensure that buildings and paved areas are adequately supported to minimize the
potential for structural damage caused by seismic events, settling, or other geologic conditions.
(Id.) Project construction activities would implement standard erosion control measures to
ensure that earthwork activities do not result in substantial erosion off site and, therefore, would
not contribute to area-wide erosion problems. As such, the proposed expansion would not result
in significant changes to the existing ambient geological environment of the San
Bernardino/Highland area. (Id.) It is reasonable to assume that other development projects will
implement mitigation measures for seismic hazards and erosion that would reduce project-level
impacts to a less than significant level. (Id.) Therefore, cumulative impacts are anticipated to be
less than significant, and the proposed project would not have a cumulatively considerable
impact on geology, soils, and seismicity. (Jd.)
Finding: With implementation of mitigation measures discussed in section 4
above, the proposed project would not have a cumulatively considerable impact on geology,
soils, and seismicity.
E. Cumulative Impacts: Hazards and Hazardous Materials
The geographic scope of the cumulative hazards and hazardous materials analysis is the
San Bernardino/Highland area. (OEIR p. 6-5.) The proposed project would expand the existing
Wal-Mart. The proposed project would maintain . the existing commercial retail nature of the
project site and would not result in the use of substantial quantities of hazardous materials or the
creation of new hazards. (Id.) Demolition activities would include removal of the Tire & Lube
Express, which currently stores potentially hazardous materials such as waste oil, automotive
batteries, and vehicle fluids. (OEIR p. 6-6.) In addition, demolition and construction activities
associated with the proposed project would have the potential to expose persons and the
environment to hazardous building materials (e.g., polychlorinated biphenyls,
chlorofluorocarbons, mercury, etc.). (/d.)
To address these potentially significant impacts, precautionary mitigation measures are
proposed that would require proper abatement of these potential hazards to reduce the impact to
a level of less than significant. (Id.) It is reasonable to assume that other related projects will
implement mitigation that would require proper abatement of potential hazards, and cumulative
impacts are anticipated to be less than significant. (Id.) Therefore, the proposed project would
not have the potential to cause an incremental contribution to hazards in the San
36
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BernardinolHighland area, and the proposed project would not have a cumulatively considerable
impact on hazards and hazardous materials. (Id.)
Finding: With implementation of mitigation measures discussed in section 4
above, the proposed project would not have a cumulatively considerable impact on hazards and
hazardous materials.
F. Cumulative Impacts: Hydrology and Water Quality
The geographic scope of the cumulative hydrology and water quality analysis is the San
Bernardino/Highland area. (OEIR p. 6-6.) The proposed project would involve short-term
construction and long-term operational activities that would have the potential to degrade water
quality in downstream waterways. (Id.) Mitigation is proposed that would require the
implementation of various construction and operational water quality control measures that
would prevent the release of pollutants into downstream waterways. (Id.) With the
implementation of this mitigation, the proposed project would not cumulatively contribute to
water pollution in downstream waterways. (Id.)
The proposed project would require improvements to the eXlstmg onsite drainage
infrastructure in order to accommodate the existing stormwater generated by the increased
impervious surface coverage on the project site. (/d.) The upgraded storm drainage would be
designed to limit the release of stormwater at a rate no greater than the pre-development
condition of the project site. As such, the proposed project would ensure that no net increase in
stormwater would leave the project site, which would avoid a cumulatively considerable
contribution to potential flooding problems in downstream waterways. (Id.) It is reasonable to
assume that other related projects would implement similar mitigation that would reduce
potential impacts to downstream waterways to a less than significant level. (Id.) Therefore, the
proposed project, in conjunction with other planned projects, would not have a cumulatively
considerable impact on hydrology and water quality. (Id.)
Finding: With implementation of mitigation measures discussed in section 4
above, the proposed project would not have a cumulatively considerable impact on hydrology
and water quality.
G. Cumulative Impacts: Land Use
The geographic scope of the cumulative land use analysis is the San BernardinolHighland
area. The proposed project would expand the existing Wal-Mart store on the project site. (OEIR
p. 6-6.) Land use activities associated with the proposed project would be similar in nature to
existing activities associated with the existing Wal-Mart store and, therefore, would not create
any land use conflicts with surrounding land uses. (Id.) The proposed project would be
consistent with the General Plan and Development Code and would not be in conflict with any
policies or provisions of either document. (Id.) For these reasons, the proposed expansion would
not result in significant changes to the existing ambient land use environment of the San
Bernardino/Highland area. It is reasonable to assume that other related projects would be
consistent with the General Plan and Development Code.
37
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Finding: Based on the discussion above, cumulative impacts are anticipated to be
less than significant, and the proposed project would not have a cumulatively considerable
impact on land use.
H. Cumulative Impacts: Noise
The geographic scope of the cumulative noise analysis is the project vicinity, including
surrounding sensitive receptors. (OEIR p. 6-7.) Construction activities associated with the
proposed project would result in substantial sources of noise. (Id.) Mitigation is proposed that
would require the implementation of noise control measures during construction; however, there
is uncertainty about the effectiveness of these measures, and the residual significant of this
impact is significant and unavoidable. (Id.) Therefore, the proposed project would have a
cumulatively considerable contribution to short-term ambient noise levels. (Id.)
The proposed project's construction and operational vibration levels would not exceed
annoyance thresholds and, therefore, would not constitute a cumulatively considerable
contribution to ambient vibration levels. (Id.) As shown in Table 4.8-26 and Exhibit 4.8-8 of the
DEIR, combined stationary and transportation noise levels under near-term with project
conditions would not result in significant noise increases at nearby sensitive receptors relative to
the near-term without project condition. (Id.) As such, the proposed project would not have a
cumulatively considerable, permanent increase in ambient noise levels in the project vicinity.
Finding: Even with implementation of mitigation measures discussed in section 4
above, the proposed project would have a cumulatively considerable impact regarding
construction noise. There is no feasible mitigation that would reduce this impact below a level
of significance.
I. Cumulative Impacts: Public Services and Utilities
The geographic scope of th,~ cumulative public services and utilities analysis is the
service area of each of the providers serving the proposed project. Because of differences in the
nature of the public service and utility topical areas, they are discussed separately.
Fire Protection and Emergency Medical Services
The geographic scope of the cumulative fire protection and emergency medical services
analysis is the San Bernardino City Fire Department's jurisdictional area, which is the entire City
of San Bernardino. (Id.) The Fire Department indicated that the proposed expansion would not
result in a need for any additional resources to provide adequate fire protection or emergency
medical services to the community. (Jd.)
Finding: Based on the above discussion, the proposed project, in conjunction
with other planned projects, would not have a cumulatively considerable impact on fire
protection or emergency medical services.
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Police Protection
The geographic scope of the cumulative law enforcement analysis is the San Bernardino
Police Department's jurisdictional area, which is the entire City of San Bernardino. (Id.) The
Police Department indicated that although the proposed expansion would increase calls for
service, it would not result in a need for any additional resources to provide adequate police
protection to the community. (Id.)
Finding: Based on the above discussion, the proposed project, in conjunction
with other planned projects, would not have a cumulatively considerable impact on police
protection.
Potable Water
The geographic scope of the cumulative potable water analysis is the East Valley Water
District's (EVWD) service area, which generally encompasses the eastern portion of the City of
San Bernardino, the City of Highland, and surrounding unincorporated areas. (OEIR p. 6-8.) The
proposed project is estimated to result in a net increase of 1,766 gallons of water on a daily basis
or 1.98 acre-feet annually. (Id.) To reduce overall water demand, the proposed project would
install water conservation features and practices. EVWD indicated that adequate water
entitlements and conveyance facilities exist to serve the proposed project, as well as existing and
projected demand through 2025. (Id.) It is reasonable to assume that other related projects would
implement similar water conservation features and practices to reduce water demand; therefore,
cumulative impacts are anticipated to be less than significant. (Id.)
Finding: Based on the above discussion, the proposed project, in conjunction
with other planned projects, would not have a cumulatively considerable impact on potable water
supply.
Wastewater
The geographic scope of the cumulative wastewater analysis is the City of San
Bernardino's wastewater service area, which generally the Cities of San Bernardino and
Highland and nearby unincorporated areas. (Id.) The City indicated there is existing capacity at
the City's wastewater reclamation plant to serve proposed project. (Id.) The proposed project
would generate a. net d.ai4r increase of 1,590 gallons of effiuent, which would be readily
accommodated by existing available treatment capacity. (Id.) The wastewater conveyance
infrastructure downstream of the project site has sufficient capacity to serve the proposed project.
(Id.)
Finding: Based on the above discussion, the proposed project, in conjunction
with other planned projects, would not have a cumulatively considerable impact on wastewater.
39
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Storm Drainage
The geographic scope of the cumulative storm drainage analysis is the receiving areas
that accept runoff from the project site. The proposed project would require improvements to the
existing onsite drainage infrastructure, in order to accommodate the existing stormwater
generated by the increased impervious surface coverage on the project site. The upgraded storm
drainage would be designed to limit the release of stormwater at a rate no greater than the pre-
development condition of the project site. As such, the proposed project would ensure that no net
increase in stormwater would leave the project site and would avoid a cumulatively considerable
contribution of stormwater to downstream waterways.
Finding: Based on the above discussion, the proposed project, in conjunction
with other planned projects, would not have a cumulatively considerable impact on storm
drainage.
Solid Waste
The geographic scope of the cumulative solid waste analysis is the City of San
Bernardino. The proposed project is anticipated to generate 81 total tons of waste during
construction and a net increase of 100 tons annuaUy during operations. (Id.) The proposed
project would implement recycling and waste reduction practices during both construction and
operations that would divert substantial quantities of materials from the solid waste stream and
would serve to assist the City in meeting the 50-percent waste-diversion target set by the State.
(DEIR p. 6-9.) In addition, these practices would also contribute to conserving landfill capacity
and extending the operational life of such facilities. (/d.) It is reasonable to assume that other
related projects would include as part of the project, or would be conditioned to implement,
recycling and waste reduction practices that will aid local agencies in meeting the waste
diversion target set by the State. (Jd.)
Finding: Based on the above discussion, the proposed project, in conjunction
with other planned projects, would not have a cumulatively considerable impact on solid waste.
Energy
The geographic scope of the cumulative energy analysis is the Southern California
Edison (SCE) and Southern Califomia Gas Company (Gas Company) service areas, which
generally encompass all or portions of nine Southern California counties (Imperial, Kern, Los
Angeles, Orange, Riverside, San Bernardino, San Diego, and Ventura). (DEIR p. 6-9.) The
proposed project would result in a net increase of 653,801 kilowatt-hours (kWH) of electricity
and 49,973,000 BTUs of natural gas on an annual basis. (Id.) Both SCE and the Gas Company
have adequate energy supplies to serve the proposed project, as well as existing demand in its
service area. (Id.) Both utilities are currently developing additional energy supplies to serve
anticipated demand in future years. (Id.)
Finding: Based on the above discussion, the proposed project, in conjunction with other
planned projects, would not have a cumulatively considerable impact on energy.
40
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J. Cumulative Impacts: Transportation
The geographic scope of the cumulative transportation analysis is the San
BernardinofHighland area. (Id.) The proposed project would result in a net increase of 1,890
daily trips, including 74 trips during the morning peak hour and 173 trips during the afternoon
peak hour. (Id.) Other planned and approved projects in the City of Highland would add 61,694
daily trips, including 4,103 trips during the morning peak hour and 6,441 trips during the
afternoon peak hour. The addition of the proposed project's trips would substantially contribute
to unacceptable intersection operations at four intersections, and the proposed project would be
required to provide fair-share payments to cover the costs of improvements to the impact
intersections (e.g., signals, turn lanes, and right-turn overlap phasing). (/d.) With the installation
of the improvements, all four intersections would operate at acceptable levels of service.
Although all intersections would operate at acceptable levels of service after mitigation,
the project applicant would only provide partial costs of the mitigation; therefore, the City of San
Bernardino cannot assure that the necessary roadway improvements would be in place prior to
project occupancy because of uncertainties about how the remaining cost of the improvements
would be financed. (Id.) Accordingly, the proposed project may generate trips that contribute to
unacceptable intersection operations, which would be considered a cumulatively considerable
impact. (Jd.)
~.
The proposed project would provide adequate onsite parking supply and would not
contribute to inadequate parking supply. (Id.) The proposed project would provide adequate
emergency access and would not create any roadway hazards. (/d.) The proposed project would
install an enhanced Omnitrans bus stop on the Highland Avenue Plaza frontage, which would
improve the viability of public transit use for employees and customers. (DEIR p. 6-10.) The
proposed project would provide bicycle storage facilities and a direct pedestrian connection
between the store entrance and Highland Avenue to enhance the viability of bicycle and
pedestrian modes of transportation. (Id.) Therefore, the proposed project would not have any
cumulatively considerable impacts on these transportation-related areas. (/d.)
Finding: Based on the above discussion, the proposed project, in conjunction
with other planned projects, would have a cumulatively considerable impact on traffic level of
service at intersections due to the uncertainty that improvements will be constructed prior to
project construction. The Project is contributing fair-share payments to cover the costs of
improvements to the impact intersections, however no feasible mitigation exists to ensure that
mitigation will be constructed prior to project operation.
K. Cumulative Impacts: Urban Decay
The geographic scope of the cumulative urban analysis is the Cumulative Primary Market
Area identified in Impact UD-2 in Section 4.11 of the DEIR, Urban Decay and shown on Exhibit
4.11-3 of the DEIR. (Id.) As noted in that section, the Cumulative Primary Market Area
encompasses the Primary Market Area for both the proposed project and the proposed Redlands
retail center that would be anchored by a Wal-Mart. As shown in Table 4.11-18 of the DEIR,
41
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excess expenditures in the Cumulative Primary Market Area are anticipated to range between
$155 million and $274 million in 2012. (Id.) Subtracting out sales captured by the two proposed
Wal-Mart projects, there would still be $48 million to $168 million in excess expenditures (Table
4.11-19 of the OEIR). Since demand would outpace supply, store closure in the Cumulative
Primary Market Area would not be a foreseeable result; therefore, urban decay would not occur.
(Id.) Accordingly, the proposed project would not have any cumulatively considerable impacts
on urban decay.
Finding: Based on the above discussion, the proposed project, in conjunction with other
planned projects, would not have a cumulatively considerable impact on urban decay.
SECTION 7
SIGNIFICANT IRREVERSIBLE ENVIRONMENTAL CHANGES
The types and level of development associated with the Project would consume
natural resources in the form of construction materials and energy resources during construction,
and additional energy resources in the form of electricity and gas during the long-term operations
of the project.
Construction materials such as concrete, aggregate, asphalt and other materials are
commercially available in the Southern California region with few or no constraints. Because of
the general availability of construction materials (including aggregate) and the Project's use of
recycled building materials, no adverse impact related to the availability of these resources or the
resource base from which they are derived would occur. Energy resources required to construct
and operate the Project would be minimized to the extent practicable through the use of energy-
efficient equipment, the application of design and construction practices that conserve energy,
and adherence to applicable energy conservation measures discussed in Section 6.5 of the DEIR.
While development of the Project would commit additional area on the Project
site to develo?ment, because the site and surrounding area have long been planned for such uses,
no significant long-term impact would occur. Moreover, potential effects of commitment of
natural and non-renewable resources are substantially reduced by the Project's commitment to
energy savings and water conservation measures.
SECTION 8
GROWTH INDUCING IMPACTS
CEQA requires a discussion of ways in which the proposed Project could be
growth inducing. Specifically Section l5l26.2(d) of the CEQA Guidelines states that EIR's
must describe the ways in which proposed Project could foster economic or population growth or
the construction of additional housing either directly or indirectly in the surrounding
environment.
42
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The proposed project consists of expanding the existing Wal-Mart store to a maximum of
171,438 square feet. (OEIR p. 6-2.) The existing store is located within the Highland Avenue
Plaza, a shopping center that is served by urban infrastructure. (Id.) The project site is
surrounded by urban, built-up land uses on all sides. (Id.) The proposed project does not propose
any residential uses. Therefore, the proposed store expansion would not directly induce
population growth either by providing additional residential capacity or by removing an obstacle
to growth. (/d.)
The proposed project is estimated to add an estimated 175 employment opportunities to
the local economy. (Id.) These types of employment opportunities would be primarily entry-level
jobs, both fulltime and part-time. Data provided by the California Employment Development
Department indicate that, as of December 2008, the City of San Bernardino had an
unemployment rate of 13.1 percent, or 11,700 unemployed persons, and the City of Highland had
an unemployment rate of 12.3 percent, or 3,000 unemployed persons. (Id.) Given the nature of
the job opportunities and the availability of labor, it would be expected that the proposed
project's employment opportunities would not result in indirect population growth. For these
reasons, the proposed project would not induce substantial population growth. (Id.) No impacts
would occur.
SECTION 9
ALTERNATIVES
CEQA requires that an EIR evaluate a reasonable range of alternatives to a
Project, or the location of the Project, which:
1. Offers substantial environmental advantages over the Proj ect Proposal; and
2. May be feasibly accomplished in a successful manner within a reasonable amount
of time considering the economic, environmental, social, and technological factors involved.
An EIR must only evaluate reasonable alternatives to a project that could feasibly
obtain most of the project objectives, and evaluate the comparative merits of the alternatives. In
all cases, the consideration of the alternatives is to be judged against a rule of reason. The lead
agency is not required to choose an environmentally superior alternative identified in the EIR if
the alternative does not provide substantial advantages over the proposed project, and:
A. Through the imposition of mitigation measures the environmental effects of the
Project can be reduced to an acceptable level; or
B. There are social economic technical or other considerations that make the
alternative infeasible.
Project Objectives
As stated in Section 3 of the DEIR, Project Description, the objectives of the proposed
project are to:
43
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. Enhance the commercial retail opportunities in the City of San Bernardino and the
larger East Valley.
. Provide regional commercial retail activities that will complement existing local retail
activities in the City of San Bernardino and the larger East Valley.
. Provide commercial development that creates new job opportunities for local residents.
. Provide a regional retail establishment that serves local residents and visitors with
essential goods and services in a safe and secure 24-hour shopping environment.
. Promote economic growth and development that is consistent with the policies of the
City of San Bernardino General Plan.
. Generate sales tax and property tax revenues to accrue to the various agencies within
the project area.
. Pay for its fair share of impacts and positively contribute to the local economy.
. Minimize travel lengths and utilize existing infrastructure to the maximum extent
possible by expanding an existing Wal-Mart store.
. Ensure that commercial development has sufficient onsite parking to minimize impacts
to the surrounding area and ensure that adequate parking is provided for customers and
employees.
. Develop an architectural design that softens the scale and mass of the buildings with
features designed to blend with the surrounding area.
. Provide landscaping to soften the design and create a pleasant,' attractive appearance
that complements the surrounding area.
A. Alternative 1 - No Project Alternative
The No Project Alternative would maintain the existing conditions on the project site.
(DEIR p. 5-3.) The existing 129,794-square-foot Wal-Mart store would maintain its current
operations as a conventional discount store for the foreseeable future. (Id.) No alterations to the
project site would occur.
The project site would remain in its existing condition, and no changes in land use
intensity would occur. (Id.) The proposed project would result in potentially significant impacts
on aesthetics, light, and glare; air quality; biological resources; geology, soils, and seismicity;
hazards and hazardous materials; hydrology and water quality; noise; public services and
utilities; and transportation. (Id.) With the exception of construction noise, near-term intersection
44
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operations, and long-term intersection operations, all project impacts can be mitigated to a level
of less than significant. (Id.) None of the proposed project's significant unavoidable impacts
would occur under the No Project Alternative. (Id.)
Finding: The No Project Alternative would have less impact on all environmental
topical areas and would avoid the proposed project's significant unavoidable impacts associated
with noise and transportation. (Id.) The No Project Alternative would maintain the existing
annual sales volume, which is approximately $53 million and, therefore, would not realize the
proposed project's estimated annual sales volume of $68.4 million. (Id.) Accordingly, the City of
San Bernardino would not realize the additional tax revenues associated with the increase in
volume. Moreover, by maintaining the existing conditions, this alternative would not advance
any of the project objectives. Accordingly, the No Project Alternative is rejected.
B. Alternative 2 -10% Reduction Alterative
The 10-Percent Reduction Alternative would expand the existing Wal-Mart store by
24,500 square feet to 154,294 square feet. (OEIR p. 5-4.) As part of the expansion, the store
would retail groceries and operate 24 hours a day. (Id.) This alternative would represent a net
reduction of 17,144 square feet, or approximately 10 percent relative to the proposed project.
Table 5-1 of the DEIR provides a summary of the 10-Percent Reduction Alternative. (Id.)
Finding: The lO-Percent Reduction Alternative would have fewer impacts on air
quality, noise; public services and utilities; and transportation. (DEIR p. 5-8.) However, the
alternative would not prevent significant and unavoidable noise or transportation impacts. (Id.)
Furthermore, this alternative would not further all of the project objectives to the same degree as
the proposed project. (Id.) For example, the smaller store size would create fewer job
opportunities for local residents and would result in fewer sales, thus generating less sales tax
revenue for the City of San Bernardino. (Id.) Accordingly, the 10% Reduction Project
Alternative is rejected.
C. Alternative 3 - 20% Reduction Alterative
The 20-Percent Reduction Alternative would expand the existing Wal-Mart store by
7,356 square feet to 137,150 square feet. (Id.) As part of the expansion, the store would retail
groceries and operate 24 hours a day. (Id.) This alternative would represent a net reduction of
34,288 square feet, or approximately 20percent relative to the proposed project. (Id.) Table 5-3
of the DEIR provides a summary of the 20-Percent Reduction Alternative. (Id.)
Finding: The 20-Percent Reduction Alternative would have fewer impacts on air
quality, noise; public services and utilities; and transportation. (DEIR p. 8-13.) However, the
alternative would not avoid significant and unavoidable noise or transportation impacts. (Id.)
Furthermore, this alternative would not further all of the project objectives to the same degree as
the proposed project. (Id.) For example, the smaller store size would create fewer job
opportunities for local residents and would result in fewer sales, thus generating less sales tax
revenue for the City of San Bernardino. (Id.) Accordingly, the 20% Reduction Project
Alternative is rejected.
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E. Environmentally Superior Alternative
CEQA Guidelines Section 15l26(e)(2) requires an EIR to identify an environmentally
superior alternative. If the No Project Alternative is the environmentally superior alternative, the
EIR must also identify an environmentally superior alternative from among the other
alternatives.
Each of the proposed alternatives would have fewer environmental impacts relative to the
proposed project, with the No Project Alternative having the fewest. Therefore, the No Project
Alternative is the environmentally superior alternative, as the project site would remain in its
existing condition, thereby avoiding any potentially adverse environmental impacts.
As stated above, if the No Project Alternative is environmentally superior, the EIR must
also identify another environmentally superior alternative among the remaining alternatives.
Based on this review, the 20-Percent Reduction Alternative is considered the environmentally
superior alternative because it would result in greater reductions in impacts reiated to air quality;
noise; public services and utilities; and transportation than the 10-Percent Reduction Alternative.
Therefore, the 20-Percent Reduction Alternative is considered the environmentally superior
alternative. This alternative is rejected for the reasons identified above in Section C.
SECTION 10
CERTIFICATION OF FINAL ENVIRONMENTAL IMPACT REPORT
The City of San Bernardino Planning Commission fmds that it has reviewed and
considered the Final EIR in evaluating the Project, that the Final EIR is an accurate and objective
statement that fully complies with CEQA and the CEQA Guidelines, and that the Final EIR
reflects the independent judgment of the Planning Commission.
The Planning Commission declares that no new significant information as defined
by CEQA Guidelines Section 15088.5 has been received by the Planning Commission after the
circulation of the DEIR that would require recirculation. All of the information added to the
FEIR merely clarifies, amplifies or makes insignificant modifications to an already adequate EIR
pursuant to CEQA Guidelines Section 15088.5(b).
The Planning Commission hereby certifies the EIR based on the following
findings and conclusions:
A. Findings
1. CEQA Compliance As the decision-making body for the Project,
the Planning Commission has reviewed and considered the information contained in the Findings
and supporting documentation. The Planning Commission determines that the Findings contain
a complete and accurate reporting of the environmental impacts and mitigation measures
associated with the Project, as well as complete and accurate reporting of the unavoidable
46
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impacts and benefits of the Proposed Project as detailed in the Statement of Overriding
Considerations. The Planning Commission finds that the EIR was prepared in compliance with
CEQA and that the Environmental Consultant and the Planning Commission have complied with
CEQA's procedural and substantive requirements.
2. Independent Judgment of Lead Agency: Working under the
direction of the City, at the direct expense of applicant, Michael Brandman Associates prepared
the EIR for the Project. The EIR was prepared with direction from the City of San Bernardino
Planning Department staff. The Planning Commission is the final decision making body for the
entitlements listed below. The Planning Commission has received and reviewed the EIR prior to
certifying the EIR and prior to making any decision to approve or disapprove the project.
Finding: The EIR reflects the City's independent judgment. The City has
exercised independent judgment in accordance with Public Resources Code section
21082.I(c)(3) in retaining its own environmental consultant, directing the consultant in
preparation of the EIR as well as reviewing, analyzing and revising material prepared by the
consultant.
3. Significant Unavoidable Impacts/Statement of Overriding
Considerations: The Project will have significant adverse impacts even following adoption of
all feasible mitigation measures which are required by the Planning Commission. The following
significant environmental impacts have been identified in the EIR and will require mitigation but
cannot be mitigated to a level of insignificance as set forth in Section 5 of these Findings:
Construction Noise Impacts; Near-Term Intersection Operations; and Long-Term Intersection
Operations. The project design has eliminated or substantially reduced environmental impacts
where feasible as described in the Findings, and the Planning Commission determines that the
remaining unavoidable significant advers.e impacts are acceptable due to the reasons set forth in
the preceding Statement of Overriding Considerations.
B. Conclusions:
1. All potentially significant environmental impacts from
implementation of the proposed Project have been identified in the EIR and, with the
implementation of the mitigation measures defined herein and set forth in the Mitigation
Monitoring and Reporting Plan (also referred to as the Mitigation Monitoring and Compliance
Program), will be mitigated to a less-than-significant level, except for the impacts identified as
significant and avoidable herein.
2. Other reasonable alternatives to the proposed Project that could
feasibly achieve the basic objectives of the proposed Project have been considered and rejected
in favor of the proposed Project.
3. Environmental, economic, social and other considerations and
benefits derived from the development of the proposed Project override and make infeasible any
alternatives to the proposed Project or further mitigation measures beyond those incorporated
into the proposed Project.
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SECTION 11
STATEMENT OF OVERRIDING CONSIDERATIONS
The San Bernardino Planning Commission hereby declares that, pursuant to
CEQA Guidelines Section 15093, the Planning Commission has balanced the benefits of the
proposed Project against any significant and unavoidable environmental impacts in determining
whether to approve the proposed Project. If the benefits of the proposed Project outweigh the
unavoidable adverse environmental impacts, those impacts are considered "acceptable."
The Planning Commission hereby declares that the EIR has identified and
discussed significant effects that may occur as a result of the Project. With the implementation
of the mitigation measures discussed in the FEIR, these impacts can be mitigated to a level of
less than significant except for the unavoidable and significant impacts discussed in Section 5
herein.
The Planning Commission hereby declares that it has made a reasonable and good
faith effort to eliminate or substantially mitigate the potential impacts resulting from the Project.
The Planning Commission hereby declares that to the extent any mitigation
measures recommended to the City are not be incorporated, such mitigation measures are
infeasible because they would impose restrictions on the Project that would prohibit the
realization of specific economic, social, and other benefits that this Planning Commission finds
outweigh the unmitigated impacts.
The Planning Commission further finds that except for the Project, all other
alternatives set forth in the FEIR are infeasible because they would prohibit the realization of the
Project objectives and/or specific economic, social or other benefits that this Planning
Commission finds outweigh any environmental benefits of the alternatives.
The Planning Commission hereby declares that, having reduced the adverse
significant environmental effects of t1.le Project, to the extent feasible by adopting the proposed
mitigation measures, having considered the entire administrative record on the Project and
having weighed the benefits of the Project against its unavoidable significant impact after
mitigation, the Planning Commission has determined that the social, economic and
environmental benefits of the Project outweigh the potential unavoidable significant impacts and
render those potential significant impacts acceptable based upon the following considerations:
1. The Project will provide a regional retail establishment that serves local residents
and visitors with essential goods and services in a safe and secure 24-hour shopping
environment.
2. The Project will promote economic growth and development that is consistent
with the policies of the City of San Bernardino General Plan.
3. The Project will generate sales tax and property tax revenues to accrue to the
various agencies within the project area.
48
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4. The Project will pay for its fair share of impacts and positively contribute to the
local economy.
5. The Project will minimize travel lengths and utilize existing infrastructure to the
maximum extent possible by expanding an existing Wal-Mart store.
6. The Project is the buildout of the expansion square footage approved in 1991 and
included in the original approvals for the shopping center. This expansion area has
always been considered as a part of the shopping centers ultimate buildout and is
therefore not adding any new or additional impacts that had not already been previously
studied and contemplated.
7. The Project is already in existence and already provides dry food goods to a
certain extent. The additional grocery square footage will provide complementary
services to the area that are in demand and necessary to meet the needs of the community.
As the CEQA Lead Agency for the proposed action, the City of San Bernardino
has reviewed the Project description and the alternatives presented in the EIR, and fully
understands the Project and Project alternatives proposed for development. Further, this
Commission finds that all potential adverse environmental impacts and all feasible mitigation
measures to reduce the impacts from the project have been identified in the Draft EIR, the Final
EIR and public testimony. This Commission also finds that a reasonable range of alternatives
was considered in the EIR and this document, Section 9 above, and finds that approval of the
Project is appropriate.
This Commission has identified economic and social benefits and important policy
objectives, herein, which result from implementing the Project. The Commission has balanced
these substantial social and economic benefits against the unavoidable significant adverse effects
of the Project. Given the substantial social and economic benefits that will accrue from the
Project, this Commission finds that the benefits identified herein override the unavoidable
environmental effects.
California Public Resource Code 21002 provides: "In the event specific economic, social
and other conditions make infeasible such Project alternatives or such mitigation measures,
individual projects can be approved in spite of one or more significant effects thereof." Section
2l002.1(c) provides: "In the event that economic, social, or other conditions make it infeasible to
mitigate one or more significant effects of a project on the environment, the project may
nonetheless be approved or carried out at the discretion of a public agency..." Finally,
California Administrative Code, Title 4, 15093 (a) states: "If the benefits of a proposed project
outweigh the unavoidable adverse environmental effects, the adverse environmental effects may
be considered 'acceptable. '"
The Planning Commission hereby declares that the foregoing benefits provided to the
public through approval and implementation of the Project outweigh the identified significant
adverse environmental impacts of the Project that cannot be mitigated. The Planning
Commission finds that each of the Project benefits outweighs the unavoidable adverse
environmental impacts identified in the OEIR and, therefore, finds those impacts to be
acceptable.
\\-~"4,ljil>I1!JnJ_CA.. ~:_\U'i<: 1
49
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I\U,tiVED-CiT'( eLr
I I V l' '; "
CITY OF SAN BERNARDINO zom'
Developement Services DepartmenlJAN 14 PH 4: 56
Memorandum
TO:
Mayor and Common Council
Valerie C. Ros~tor
FROM:
THROUGH: Charles Mc Neely, City Manager
SUBJECT: January 19,2010 Council Meeting Agenda Item No. 15
Conditional Use Permit No. 07-15 (Appeal No. 09-03)
DATE: January 14,2010
COPIES: Rachel Clark, City Clerk; James F. Penman, City Attorney
Background:
This item, an appeal of the Planning Commission approval of a Conditional Use Permit to
expand the existing Walrnart store located at 4210 East Highland Avenue, was continued from
the January 4, 2010 Council meeting agenda.
On January 4, Cory J. Briggs submitted a letter to the Council on behalf of the appellant with six
pages of comments on the project and a compact disk (CD) containing numerous documents,
encompassing over 2,000 pages, cited in his comments. The CD is attached for your review,
along with the final Planning Commission Resolution No. 2009-01.
A typographical error in the newspaper advertisement giving public notice of the January 4,2010
appeal hearing necessitates a new hearing notice and precludes a decision on the appeal on
January 19. A new hearing notice will be advertised and mailed to schedule the appeal for the
next Council meeting on February I, 2010, when the final staff report and recommendation will
be presented.
Recommended Motion:
That said agenda item be continued to February 1,2010, at 4:30 p.m.
Attachments:
Planning Commission Resolution No. 2009-01
CD Attachment to the Cory 1. Briggs letter dated January 4, 2010
#/6
/-/7 -2CJ /0
1
RESOLUTION NO. 2009-01
2
RESOLUTION OF THE CITY OF SAN BERNARDINO PLANNING CO~IMISSION
3 ADOPTING THE FACTS, FL"JDINGS AND STATEMENT OF OVERRIDING
4 CONSIDERATIONS, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT
REPORT, ADOPTING THE MITIGATION MONITORING At"!D REPORTING
.
5 PLAt"! AND APPROVING CONDITIONAL USE PERMIT NO. 07-15 FOR THE
6 HIGHLAND A VENUE W AL-MART EXPANSION PROJECT.
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SECTION I. RECITALS
(I) WHEREAS, the Planning Commission of the City of San Bernardino
("City") adopted the General Plan for the City by Resolution No. 2005-362 on
November I, 2005; and
(2) WHEREAS, Michael Brandman Associates, retained by the project
applicant and working under the direction of City staff, prepared an Initial Study for the
proposed Highland Avenue Wal-Mart Expansion Project ("Project"); and
15
16 Committee determined that the Highland Avenue Wal-Mart Expansion Project could
17
18
19
(3)
WHEREAS, on December 6, 2007, the Environmental Review
have significant effects on the environment, and thus warranted the preparation of an
Environmental Impact Report pursuant to the California Environmental Quality Act
20 (CEQA); and
21 (4) WHEREAS, the Notice of Preparation of the City to prepare a Draft
22 Environmental Impact Report was made known to the public, responsible agencies and
23 other interested persons for their concerns and comments from December 12, 2007
24
through January II, 2008 as required by CEQA; and
25
(5) WHEREAS, on January 9, 2008 the City Held a public scoping meeting
26
to solicit public comments on the preparation of the Draft EIR; and
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1 (6) WHEREAS, a Draft EIR was distributed for a 45-day public revIew
2 period from March 19,2009 through May 4,2009; and
3
4
5
6
7 (8) WHEREAS, on November 18, 2009, the Environmental Review
8 Committee determined that the Final EIR adequately addresses all potential impacts of
9 the project and recommended certification of the Final EIR and adoption of the
10 Mitigation Monitoring and Reporting Plan (Section 4 of the Final EIR, also referred to
11
as a Program); and
12
(9) WHEREAS, on November 18, 2009, the Planning Commission of the
13
14 City of San Bernardino held a noticed public hearing on the Highland Avenue Wal-Mart
15 Expansion Project in order to receive public testimony and written and oral comments
16 relating to the Final EIR and proposed conditional use permit in compliance with City
17 requirements; and
18
19
20
21
22 (II) WHEREAS, the Plmming Commission conducted a noticed public
23 hearing on November 18, 2009, and fully reviewed and considered the Draft EIR, Final
U ErR, the Mitigation Monitoring and Reporting Plan, the Facts, Findings and Statement
25 of Overriding Considerations, and the Planning Commission Staff Report;
26
27
23
(7) WHEREAS, five comment letters were received before the close of the
public review period and a written response was provided on October 15, 2009 and the
specific responses to the written comments are in the Final EIR; and
(10) WHEREAS, the Planning Commission considered the Planning
Commission Staff Report on November 18, 2009, which recommends certification of the
Final EIR for the proposed Highland Avenue Wal-Mart Expansion Project; and
2
1 SECTION II. ENVIRONMENTAL IMPACT REPORT
2 NOW, THEREFORE, BE IT HEREBY RESOLVED, FOUND, AND
3 ETERMINED THAT THE PLANNNG COMMISSION HEREBY CERTIFIES:
4
A.
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14 Mitigation Monitoring and Reporting Plan.
15 B. The Final EIR was presented to the Planning Commission which has
16 reviewed and considered the information in the Final EIR prior to its certification and
17 prior to approval of Conditional Use Permit No. 07-15.
18 C. The Final EIR has identified all significant environmental effects of the
19
Highland Avenue Wal-Mart Expansion Project.
20
21 D. Although the Final EIR identifies certain significant environmental effects
22 that would result if the Wal-Mart Expansion occurs, all significant effects that can
23 feasibly be avoided or mitigated will be avoided or mitigated by the implementation of
24 the mitigation measures as sct forth in the Mitigation Monitoring and Reporting Plan.
25 E P '1 .. . d]' 1 .
. otentIa ITIltlgatJOn measures an ot ler project a ternatIves not
26
incorporated into or adopted as part of the Highland Avenue Wal-Mart Expansion
27
28
The facts and information contained in the Recitals section are true and
orrect. The Environmental Impact Report for the Highland Avenue Wal-Mart
xpansion Project, including Conditional Use Permit No. 07-15 has been completed in
ompliance with the California Environmental Quality Act. Attached to this Resolution
as Exhibit I, and incorporated herein by reference, is the Final EIR which consists of the
raft ErR (which includes a list of persons, organizations and public agencies
commenting on the Draft EIR), the comments received on the Draft ErR either verbatim
or in summary, responses to those comments, textual revisions to the Draft EIR, and the
3
reference.
Expansion Project, as set forth in the Facts, Findings and Statement of Overriding
Considerations.
G.
The findings contained in the Facts, Findings and Statement of Overriding
22 SECTION III. CERTIFICATION OF THE ENVIRONMENTAL [MPACT REPORT
23 NOW, THEREFORE BE [T RESOLVED, FOUND AND DETERMINED by the
24 Planning Commission of the City of San Bernardino that the Final Environmental
25 Impact Report (SCH #2007121072) is hereby certified, the Facts, Findings and
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Statement of Overriding Considerations are hereby adopted, and the Mitigation
Monitoring and Reporting Plan is hereby adopted.
SECTION IV. CONDITIONAL USE PERMIT
NOW, THEREFORE BE IT RESOLVED that the Planning Commission hereby
approves Conditional Use Permit No. 07-15 based upon the Findings of Fact contained in
the Planning Commission Staff Report dated October 28, 2009, attached to this
Resolution as Exhibit 3 and incorporated herein by reference, and subject to the
Conditions of Approval and Standard Requirements (Attachments C and D to the
Planning Commission Staff Report dated October 28,2009).
SECTION V. NOTICE OF DETERMINATION
In accordance with the provisions of this Resolution, the Planning Division is
hereby directed to file a Notice of Determination with the COlmty of San Bernardino
Clerk .of the Board of Supervisors certifying the City's compliance with the California
Environmental Quality Act in preparing and adopting the Final Environmental Impact
Report, the Facts, Findings and Statement of Overriding Considerations, and the
Mitigation Monitoring and Reporting Plan. A copy of the Notice of Determination will be
forwarded to the State Clearinghouse.
III
III
1/1
5
RESOLUTION OF THE CITY OF SAN BERi'lARDINO PLANNING COMMISSION
ADOPTING THE FACTS, FINDINGS AND STATEMENT OF OVERRIDING
CONSIDERATIONS, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT
REPORT, ADOPTING THE MITIGATION MONITORING AND REPORTING
PLAN AND APPROVING CONDITIONAL USE PERMIT NO. 07-15 FOR THE
HIGHLAND AVENUE WAL-MART EXPAt'lSION PROJECT.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning
Commission of the City of San Bernardino at a regular meeting thereof, held on the
~ day of November ,2009, by the following vote to wit:
Members:
Ayes
Nays
Abstain
Absent
COOTE
-1L
DURR
~
EBLE
~
HEASLEY
~
LONGVILLE
MULVIHILL
~
MuNoz
~
RAWLS
~
SAUERBRUN
~
/h // #'--------- _~~/
;~.:J'/~r___::!:..::::r:::; ~~f!._,_
Planning Commission Secretary
The foregoing resolution is hereby approved as of the day of2009. //
/ ;?
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.Planning Cominission Cllai~an
~
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Approved as to form:
By: ~~f'
Henry Empeno Jr.
Senior Deputy City Attorney
6