AND PLACE FIXED TO CONSIDER AN APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF A MODIFICATION OF FILE INDEX NUMBER DAP 000-794, PACIFIC RAIL INDUSTRIES 785 EAST "M" STREET, COLTON.(2)

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City Council Meeting – August 19, 2008 Appeal of Planning Commission Approval Of Modification to CUP Page 2 of 6 1. Traffic—Trip generation, trip distribution, application of appropriate level of service (LOS) standard, and traffic mitigation feasibility; 2. Hazardous Materials—management of shredder fluff; and 3. Air Quality—Cumulative impacts. On June 13, 2006, the Colton Planning Commission considered the proposed project and after exhaustive public testimony, the Commission adopted Resolution Number R-04-06, certifying the FREIR (Final Revised Environmental Impact Report), adopting Environmental Findings pursuant to CEQA and a Mitigation Monitoring and Reporting Program, and Approval of the Pacific Rail Metal Shredding Operation Project; and Resolution Number R-05-06, approving the Amendment to the Existing Conditional Use Permit to (1) Permit the Installation and Operation of a Metal Shredder as an Expansion to an Existing Scrap Metal Facility; (2) the Construction of an Approximate 30' X 250' Metal Building and Related Facilities; (3) An Increase in the Volume of Railroad Transloading Occurring on Property generally located at 785 East "M" Street; and (4) Approval of a Major Variance to Permit Construction of an Over Height Wall on the Southerly Portion of the Property: File Index Number D-55-01. The Commission's approval of the Project was appealed by SIMS Hugo Neu West d.b.a. Colton Iron and Metal, a scrap metal facility that operates opposite the project at 790 East "M" Street, and Mr. Jess Vasquez. On July 18, 2006, the City Council considered the Appeal and after significant public testimony the Council approved and adopted Resolution No. R-84-06. The Resolution rejected the appeals by SIMS Hugo Neu West and Mr. Jess Vasquez, and upheld the Planning Commission's certification of the FREIR, adopted environmental findings and a MMRP (Mitigation Monitoring and Reporting Program). The City Council also approved and adopted Resolution No. R-85-06 that approved the Modification to the CUP and the Project. The FREIR has not been invalidated by any court decision, and therefore, is presumed to be adequate. (Pub. Resources Code, § 21167.2.) Current Request: The Applicant is requesting approval to modify the Conditions of Approval of the CUP to clarify that the Applicant has the discretion to use any one of five (5) treatment processes for all of the shredder fluff (non -hazardous shredded recyclable material) that were extensively studied and analyzed in the FREIR and found to be approved treatment processes for the shredder fluff. The following are the approved five (5) treatment processes: 1. Standard Management Process: An "in-line" treatment process under a DTSC (Department of Toxic Substances Control) non -hazardous waste determination. 2. Incidental Management of shredder fluff as a hazardous waste. 3. Manage the shredder fluff as a recyclable material.