REQUEST FOR PLANNING COMMISSION ACTION. 1. Consideration of a Mitigated Negative Declaration.

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1 REQUEST FOR PLANNING COMMISSION ACTION IV.A REDLANDS UNIFIED SCHOOL DISTRICT, APPLICANT (PROJECT PLANNER: MANUEL BAEZA) 1. Consideration of a Mitigated Negative Declaration. 2. PUBLIC HEARING to consider REVISION NO. 1 to CONDITIONAL USE PERMIT NO. 30 for the development of a CNG fueling facility at the Redlands Unified School District bus yard located on the north side of Citrus Avenue, between University Street and Central Avenue in the E (Educational) District. DATE: SYNOPSIS 1. General Plan Designation: The General Plan designation of the project site is Public/Institutional. 2. Existing Zoning: The zoning designation of the project site is E (Educational) District. 3. Surrounding Zoning: The project site is surrounded by the following zoning designations: to the south and the east is E (Educational) District, to the west is R-2 (Multiple Family Residential) District and E (Educational) District and to the north is the Interstate 10 Freeway. 4. Existing Land Uses: The project site contains an existing bus yard for the Redlands Unified School District. 5. Surrounding Land Uses: The project site is surrounded by the following land uses: to the south is the campus of Redlands High School and single family residences, to the east is a small park and multiple family residences, to the north is the Interstate 10 Freeway and multiple family residences and to west is a multiple family and single family residences and Redlands High School. 6. Area/Topography: The project site has an area of approximately 3.5 acres and is generally flat. 7. Environmental Assessment: The Environmental Review Committee (ERC)

2 PAGE 2 reviewed the project on April 4, 2011 and is recommending adoption of a Negative Declaration. 8. Socio-Economic Cost/Benefit Study This project would develop a CNG fueling facility consisting of tanks and mechanical equipment with no new buildings; therefore, the project is not subject to the requirements of Measure U s Socio-Economic Cost/Benefit Study. 9. Planning Commission Submittal Dates: (A) Date Submitted: March 16, 2011 (B) Date Accepted As Complete: April 16, 2011 (C) Planning Commission Meeting: May 10, 2011 (D) CEQA Processing Deadline: October 16, Attachments: Attachment A: Conditions of Approval PROPOSAL The Redlands Unified School District is proposing to develop a Compressed Natural Gas (CNG) fueling facility at their existing bus yard located on the north side of Citrus Avenue, between University Street and Central Avenue. The bus yard has been in existence since Activities found at the site include bus parking and storage, maintenance, employee parking and fueling. The facility will be located near the center of the bus yard; immediately east of an existing garage and will not be easily seen from the street. The fueling facility will be comprised of two (2), 33.5 cubic foot, above ground storage tanks that will contain CNG having an overall height of approximately 5.5 feet, two (2) compressors with an overall height of approximately 8.0 feet and a dryer with a height of approximately ten (10) feet. The entire facility will have one fast-fill post for the fueling of buses. Slow fueling CNG lines will also be installed underneath the pavement to existing bus canopies where new slow filling fuel dispensers will be installed allowing for overnight fueling of buses. The entire fueling facility will be encircled with a protective k-rail barrier to prevent an accidental collision with above ground tanks and other equipment. No delivery of gas is necessary as it is currently piped to the site from the street. GENERAL PLAN The project site is located in the Public/Institutional land use designation in the General

3 PAGE 3 Plan. The intent and purpose of this designation is to provide policies for public services, buildings and related services. The project site is consistent with this land use designation as it is a vital facility for the School District s operations. The proposed CNG fueling station would be consistent with two General Plan Policies found in the Health and Safety Element addressing the goal of improving air quality as briefly described below: 8.11f Advocate and support innovative strategies to improve air quality. 8.12a Aim for a diverse and efficiently operated ground transportation system which generates the minimum feasible pollutants. The use of the CNG fueling facility will assist in improving air quality and the use of CNG buses will generate fewer pollutants than those designed to run on gasoline or diesel fuel. ANALYSIS The facility is located on a 3.5 acre site on the north side of Citrus Avenue between University Street and Central Avenue. The site is paved and wholly developed with the RUSD bus yard containing buildings, and several bus shelters. The site is located in the E (Educational) District which is intended to provide the orderly development of public and private educational institutions wherein all directly related types of uses may be located, and to set forth those development standards necessary to ensure that such uses will be compatible with surrounding land uses. Maintenance buildings and yard facilities are listed as a conditionally permitted use in the E District when proposed for location within 100 feet of any residential zone. The subject bus yard facility has existed at this location for over fifty (50) years as the conditional use permit for this facility was first approved in The project site is adjacent to an older multiple family residential neighborhood and across the street from the Redlands High School track stadium. The CNG facility would be located within the bus yard. Furthermore, the bus yard already contains gas, propane, and CNG fueling pumps. However CNG pumps currently used at the yard are not permanent and are rented by the district. The activities that take place at the yard consist of a dispatch office, bus storage, bus maintenance, employee parking and fueling. The hours of operation are generally from 5 AM to 6PM Monday through Friday. The RUSD staff has advised that this project is being proposed in order to expand their fleet of buses that run on CNG (replacing existing diesel buses) in accordance with AQMD mandates. In addition, AQMD will provide 75% of the funding for the new CNG fueling facility. The operational characteristics of the facility will not change from the current activities described above.

4 PAGE 4 The new facility must comply with the development standards of the E (Educational) District. The district requires a 25 foot front, rear, and side yard setback. The site has street frontage on 3 sides and is also adjacent Interstate 10. There are existing parking canopies and a 972 square foot building along Citrus Avenue and Central Avenue that do not meet these standards and are considered non-conforming buildings. Section C. of the Municipal Code allows for non-conforming buildings to be used so long as they are not added to or structurally altered. The new facility does not involve any alteration or expansion of these non-conforming buildings, and is designed to meet the setback requirements as it is located approximately 100 feet away from any property line. In the E District there are no coverage or building height limitations. However, buildings that exceed a height of 35 feet require a conditional use permit. With development of the new facility, the maximum lot coverage will remain at 12 percent and the maximum height of the tallest part of the fueling facility is ten (10) feet. Since obtaining approval in 1959, it appears that no improvements have been made to the bus yard. The yard is encircled with a chain link fence with some tall unkempt shrubbery and no sidewalks or parkway improvements along street frontages. The limited scope of the project does not lend a suitable nexus to require extensive improvements to the site. However, planning staff has added a condition of approval requiring that the chain link fencing be planted with a fast growing vine with an automatic irrigation system to screen the bus yard. In addition, MUED staff is requiring the construction of sidewalks along all street frontages. The proposed use is appropriate for the site as the bus yard has been in existence for over 50 years with no known problems and already has fuel pumps on site including CNG pumps. In addition, the placement of the CNG facility at the bus yard is appropriate because it will allow fueling of buses where they are stored rather than at a different location within the City where new impacts would be sustained such as new bus traffic and new noise generation. Furthermore, the proposed use is consistent with the previously cited policies of the General Plan and is compatible with surrounding land uses. In conclusion, staff finds the project to be in keeping with existing operations and improvements and therefore recommends approval as conditioned by staff. ENVIRONMENTAL REVIEW The Environment Review Committee reviewed the project on April 4, 2011 and is recommending the adoption of a Negative Declaration. A copy of the Initial Study Checklist is provided on the enclosed CD for the Planning Commission s review. RECOMMENDATION Staff recommends that the Planning Commission approve Revision No. 1 to Conditional Use Permit No. 30 based on the following findings and subject to the attached Conditions

5 PAGE 5 of Approval. MOTIONS Environmental Motion "I move that the Planning Commission approve the Negative Declaration for Revision No. 1 to Conditional Use Permit No. 30 and direct staff to file and post a "Notice of Determination" in accordance with City guidelines. Conditional Use Permit I move that the Planning Commission approve Revision No. 1 to Conditional Use Permit No. 30, subject to the following findings and subject to the following findings and subject to the attached Conditions of Approval: 1. The proposed fueling facility at this location will not adversely affect the applicable land use plans of the City because the use will supplement operations of the existing bus yard facility which is a permitted use in the E (Educational) District, subject to approval of a Conditional Use Permit; 2. The proposed fueling facility use will not be detrimental to the public health, safety and welfare because it will be constructed to meet all state and federal requirements; no changes are proposed to activities already taking place at the facility, and it will meet the applicable development standards of the E (Educational) District; 3. The proposed fueling facility will comply with the regulations of the City s General Plan, the applicable zoning district and the City s development standards because it is consistent with General Plan Policies referred to in the staff report, and because yard facilities are allowed with a Conditional Use Permit in the E (Educational) District and the development standards of the E (Educational) District will be met; 4. The proposed fueling facility is appropriate at the proposed location in that it would support the existing bus yard facility and would not change current activities taking place at the site.

6 COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION CONDITIONS OF APPROVAL FOR Applicant: Location: Redlands Unified School District The North side of Citrus Avenue, between University Street and Central Avenue. 1. The approval is for a development of a CNG fueling facility at the Redlands Unified School District bus yard located on the north side of Citrus Avenue, between University Street and Central Avenue in the E (Educational) District. 2. Unless construction has commenced pursuant to a building permit, or a time extension is granted in accordance with Code, this approval shall expire two (2) years from the date of approval. 3. This project shall comply with all permits requirements of the Redlands Municipal Code. 4. The applicant shall obtain Building Permits from the Development Services Department. 5. All plans submitted to the City shall reflect all City approvals and any other changes required by the Planning Commission and/or staff. This condition applies to site plans, elevations, and all other illustrations, text, or plans submitted to the city in connection with the project. 6. The applicant for this permit, and its successors and assigns, shall defend, indemnify and hold harmless the City of Redlands, and its elected officials, officers, agents and employees, from and against any and all claims, actions, and proceedings to attack, set aside, void or annul the approval of this permit by the City, or brought against the City due to acts or omissions in any way connected to the applicant s project that is the subject of this permit. This indemnification shall include, but not be limited to, damages, fees, costs, liabilities, and expenses incurred in such actions or proceedings, including damages for the injury to property or persons, including death of a person, and any award of attorneys fees. In the

7 event any such action is commenced to attack, set aside, void or annul all, or any, provisions of this permit, or is commenced for any other reason against the City for acts or omissions relating to the applicant s project, within fourteen (14) City business days of the same, the applicant shall file with the City a performance bond or irrevocable letter of credit (together, the Security ) in a form and in an amount satisfactory to the City, to ensure applicant s performance of its defense and indemnity obligations under this condition. The failure of the applicant to provide the Security shall be deemed an express acknowledgement and agreement by the applicant that the City shall have the authority and right, without objection by the applicant, to revoke all entitlements granted for the Conditional Use Permit pursuant to this permit. The City shall have no liability to the applicant for the exercise of City s right to revoke this Conditional Use Permit. 7. The applicant shall install a fast growing vine on all perimeter fencing facing University Street, Citrus Avenue, and Central Avenue to screen the bus yard. The vines shall be spaced every five (5) feet and shall be provided with an automatic irrigation system on a time to irrigate the vines screening the site. 8. The applicant shall maintain all landscaping in good condition at all times. Approved by: Oscar Orci Community Development Director