(3)AR 121509 Environmental Addendum

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Staff Report to the Mayor and City Council Certification of Addendum to Agua Mansa Commerce Center Project EIR December 15, 2009 Page 3 ("Traffic Impact Analysis") (A.R., pp. 323-399) and the 895,520 square feet of High -Cube Warehouse identified in the City's response to Rialto's comment in the City's April 22, 2008 response to comments incorporated into the Final EIR (A.R., p. 2689). There is one consistent set of square footage numbers used in the Project's Traffic Impact Analysis and the EIR's traffic analysis. These numbers are: 1,086,782 square feet of High -Cube Warehouse uses and 278,666 square feet for Industrial Park uses, for a total of 1,365,448 square feet. When responding to Rialto's EIR comment letter, the City mistakenly referred to the 895,520 - square foot warehouse component line item in the legend of the conceptual site plan rather than citing the correct total High -Cube Warehouse number of 1,086,782 used as the basis of all traffic analyses. The environmental consultant also incorrectly cited the conceptual site plan for the total square footage of the Project. The total square footage for the Project consistently used in the Traffic Impact Analysis and the EIR's traffic analysis is 1,365,448 square feet, not 1,365,450 square feet as stated in the conceptual site plan. Both the Traffic Impact Analysis and the EIR's traffic analysis consistently used 1,086,782 as the square footage allocated to High -Cube Warehouse (A.R., pp. 2144, 329, 347, 349). Thus, although the incorrect number was used in the response to comments, it did not change the fact that the correct number was used in the Project's Traffic Impact Analysis and the EIR. (b) The Court also expressed concern about how the High -Cube Warehouse square footage for the Project was determined. This number was based on the anticipated warehouse use of all buildings over 100,000 square feet. Accordingly, consistent with industry standards and the definition of High -Cube Warehouse, the Traffic Impact Analysis and EIR's traffic analysis for the Project applied the High -Cube Warehouse trip generation rate to all buildings on the Property greater than 100,000 square feet. As described in Rialto's own Request for Judicial Notice, the County of San Bernardino Department of Public Works defines High -Cube Warehouses as generally "greater than 100,000 square feet." The 100,000 square foot threshold for a High -Cube Warehouse use has also been adopted by the San Bernardino Associated Governments ("SANBAG"). The Traffic Impact Analysis and the EIR both accurately calculated the High -Cube Warehouse trip generation rate for the Project based on industry standards as noted above. The Addendum provides a more detailed clarification as to the square footage and methodology used to reach the High -Cube Warehouse square footage calculations. Court's Ruling: Second, the Court found that the EIR was deficient in its explanation of the methodology used to calculate thee traffic growth in the vicinity of the Project Addendum - In the Ruling, the Court stated that there was no evidence explaining how traffic from the Project was incorporated into the traffic growth projections.