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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ITEM #4 CITY OF COLTON AGENDA REPORT FOR THE COUNCIL MEETING OF AUGUST 19, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David R. Zamora, Community Development Director SUBJECT: Appeal of the Colton Planning Commission's Approval of a Modification to the Conditions of Approval of a Conditional Use Permit for the Pacific Rail Industries Metal Shredding Operation Project to Allow the Applicant the Discretion to Utilize Any of the Approved Disposal Methods for the Shredded Recyclable Material for the Pacific Rail Industries Metal Shredder Project . DATE: August 11, 2008 BACKGROUND: Pacific Rail Industries (the "Applicant") has requested approval for a Modification to the Conditions of Approval of an existing Conditional Use Permit (CUP) No. C-5-86 to allow the Applicant the discretion to utilize any of the approved disposal methods for the shredded recyclable material (fluff or shredder fluff) for the Pacific Rail Industries Metal Shredding Project. Proiect Past History: Pacific Rail Industries received approval of the original CUP in 1986 for the development and operation of a rail dismantling and salvage operations facility at 785 East "M" Street, and has been operating at the project site under that CUP since that time. The City Council will recall that on November 16, 2004, the Council approved a Modification to the CUP requested by the Applicant to allow the relocation and re -assembly of a metal shredding facility and a fifty percent increase in transloading activity. The approval action included the Certification of an Environmental Impact Report (EIR) and Mitigation Monitoring and Reporting Program (MMRP) in compliance with the California Environmental Quality Act (CEQA). The EIR was prepared by Michel Brandman Associates, an environmental consultant under contract to the city. Subsequent to the certification of the EIR, a lawsuit was filed against the City and a trial court determined that the EIR was upheld in all respects, except as to certain aspects of the analysis of: (1) Traffic, (2) Hazardous Materials, and (3) Air Quality. In order to address the insufficient findings of the Court, the City prepared additional environmental analysis to address the three points identified by the Court and re -circulated a Revised Draft Environmental Impact Report (RDEIR). The RDEIR was completed in early March, 2006. The RDEIR addressed the following specific issues identified by the Court in its Statement of Decision: