HomeMy WebLinkAbout1995-401
1 RBSOLUTIOII 110. 95-401
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO CERTIFYING THE ENVIRONMENTAL IMPACT REPORT; ADOPTING THE
3 FINDINGS AND STATEMENTS OF OVERRIDING CONSIDERATION; ADOPTING THE
MITIGATION MONITORING/REPORTING PROGRAM; AND APPROVING THE
4 ARROWHEAD SPRINGS PROJECT (TENTATIVE TRACT NO. 15303/CONDITIONAL
USE PERMIT NO. 91-29).
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SECTION I.
Recitals
(a) WHEREAS, the Mayor and Common Council adopted the
General Plan for the City of San Bernardino by Resolution
No. 89-159 on June 2, 1989; and
(b) WHEREAS, on October 10, 1991, the Environmental
10 Review Committee (ERC) determined that the Arrowhead springs
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Project (Tentative Tract No. 15303 and Conditional Use Permit No.
91-29), a proposal to subdivide 93.8 acres located south of Highway
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Bernardino county Flood Control District Waterman Spreading Grounds
into 112 single-family lots, could have a significant effect on the
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18 Quality Act (CEQA); and
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environment and thus warranted the preparation of an Environmental
to the California
Environmental
Impact Report
(EIR)
pursuant
(c)
WHEREAS, the City held a public scoping meeting on
20 November 4, 1991 to solicit public comment on the preparation of
21 the Draft EIR, and
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(d) WHEREAS, the intent of the city to prepare a Draft
23 EIR was made known to the public, responsible agencies and other
24 interested persons for their concerns and comments from October 24,
25 1991 to November 24, 1991 as required by CEQA; and
26 (e) WHEREAS, a Draft EIR was prepared to address the
27 potential significant adverse environmental effects of the
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1 Arrowhead springs Project; and,
2 (f) WHEREAS, the Draft EIR was made available to the
3 public, responsible agencies and other interested persons for their
4 review and comment from May 7, 1992 to June 19, 1992 as required by
5 CEQA; and,
6 (g) WHEREAS,
7 June 18, 1992; and,
8 (h) WHEREAS,
9 on the Draft EIR; and,
the Draft EIR was reviewed by the ERC on
verbal and written comments were received
10 (i) WHEREAS, these comments were responded to both
11 orally and in writing as required by CEQA and incorporated into the
12 Draft Final EIR (FEIR); and,
13 (j) WHEREAS, between June, 1992, and June, 1994,
14 pursuant to numerous meetings and communications between the
15 applicant and the city Planning Department, the applicant added
16 substantial new information to the Draft EIR.
17 (k) WHEREAS, on June 9, 1994, the ERC reviewed the
18 responses to comments received on the Draft EIR and determined that
19 the comments contained new information and that recirculation of
20 the Draft EIR was necessary; and,
21 (1) WHEREAS, the Recirculated Draft EIR and Responses to
22 Comments was made available to the public, responsible agencies and
23 other interested persons for their review and comment from
24 september 7, 1994 to October 17, 1994, as required by CEQA; and,
25 (m) WHEREAS, verbal and written comments were received
26 on the recirculated Draft EIR and Responses to Comments; and,
27 (n) WHEREAS, these comments were responded to both
28 orally and in writing as required by CEQA; and
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1 (0) WHEREAS, the Planning and Building Services
2 Department Staff Report dated August 22, 1995, which summarizes the
3 potential effects of the Arrowhead Springs Project, as identified
4 in the Draft EIR and Draft FEIR, was reviewed by the Planning
5 commission; and,
6 (p) WHEREAS, the proposed Mitigation Monitoring/
7 Reporting Program (MMRP) was reviewed by the Planning Commission in
8 compliance with CEQA; and,
9 (q) WHEREAS, the Planning Commission conducted a noticed
10 public hearing on August 22, 1995 and September 19, 1995 in order
11 to receive public testimony and written and oral comments on the
12 Arrowhead springs Project and fully reviewed and considered the
FEIR, MMRP, Findings and Statements of Overriding Consideration,
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17 certification of the FEIR and approval of the project was filed
18 with the city on October 5, 1995; and,
(s) WHEREAS, the Mayor and Common council conducted a
the Planning Division staff report and the recommendation of the
Environmental Review Committee.
(r)
an appeal
of the Planning commission's
WHEREAS,
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25 Review Committee.
26 SECTION II.
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noticed public hearing on November 20, 1995 in order to receive
public testimony and written and oral comments on the Arrowhead
springs Project and fully reviewed and considered the EIR, MMRP,
Findings and Statements of Overriding consideration, the Planning
Division staff reports and the recommendation of the Environmental
Environmental Impact Report
NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED THAT
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1 THE MAYOR AND COMMON COUNCIL HEREBY CERTIFY:
2 A. The Final Environmental Impact Report (FEIR) for Tentative
3 Tract No. 15303 and Conditional Use Permit No. 91-29 has been
4 completed in compliance with the California Environmental
5 Quality Act. The FEIR and all the evidence and information
6 contained therein is attached hereto as the Draft EIR
7 (Attachment A), Draft FEIR which includes the Recirculated EIR
8 (Attachment B), Responses to Comments on the Recirculated EIR
9 (Attachment C), Mitigation Monitoring and Reporting Program
10 (Attachment D), and Findings and statement of Overriding
11 Consideration (Attachment E) and incorporated herein by
12 reference;
13 B. The FEIR was presented to the Mayor and Common Council who
have reviewed and considered the information in the FEIR prior
to considering approval of Tentative Tract No. 15303 and
Conditional Use Permit No. 91-29.
The FEIR has identified all potential significant adverse
environmental effects of Tentative Tract No. 15303 and
Conditional Use Permit No. 91-29 and there are no known
potential significant adverse environmental effects not
addressed in the FEIR.
Although the FEIR identifies certain significant adverse
environmental effects that would result if Tentative Tract
No. 15303 and Conditional Use Permit No. 91-29 are approved,
all significant adverse effects that can feasibly be avoided
or mitigated will be avoided or mitigated by the
implementation of the mitigation measures as set forth in the
MMRP for the FEIR and as required in the Conditions of
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Approval. The MMRP and all information contained therein is
included in the Draft FEIR;
E. Potential mitigation measures and other project alternatives
not incorporated into or adopted as part of Tentative Tract
No. 15303 and Conditional Use Permit No. 91-29 were rejected
as infeasible, based on specific economic, social or other
considerations as set forth in the Findings and statements of
Overriding Consideration;
F. The Mayor and Common Council have given great weight to the
potential significant unavoidable adverse environmental
impacts. The Mayor and Common Council find that the potential
significant unavoidable adverse impacts are clearly outweighed
by the economic, social and other benefits of Tentative Tract
No. 15303 and Conditional Use Permit No. 91-29 as set forth in
the Findings and statements of overriding Consideration.
G. The findings contained in the statements of Overriding
Consideration with respect to the potential significant
adverse impacts identified in the FEIR are true and correct,
and are based upon substantial evidence in the record,
including documents comprising the FEIR.
H. The FEIR, MMRP and the Findings and statements of Overriding
Consideration reflect the independent review, analysis and
judgement of the City of San Bernardino pursuant to Public
Resources Code ~21082.1.
SECTION III. Certification of the Environmental Imoact Reoort
NOW THEREFORE BE IT RESOLVED, FOUND AND DETERMINED by the
Mayor and Common Council that the Final Environmental Impact Report
reflects the independent judgement of the City and is hereby
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1 certified, the Findings and statements of Overriding Consideration
2 is adopted and the Mitigation Monitoring/Reporting Program is
3 adopted.
4 SECTION IV. proiect Findinas and Aooroval for the Tentative Tract
5 BE IT FURTHER RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
6 THE CITY OF SAN BERNARDINO THAT:
7 A. The proposed map is consistent with the General Plan, in that
8 the project design and project Conditions of Approval ensure
that the proposal conforms to the standards concerning
distribution, location, and extent of uses covered by the
General Plan; and,
The design of the proposed subdivision is consistent with the
General Plan, in that it conforms to the standards specified
for the RE, Residential Estate and RS, Residential Suburban
land use designations, and Hillside Management Overlay
District (HMOD) , given the proj ect Conditions of Approval;
and,
The site is physically suitable for the type of proposed
development, in that project Conditions of Approval ensure
that the lots created meet the minimum lot standards specified
by the Development Code; and,
The site is physically suitable for the proposed density of
development, in that the site is of sufficient size to
accommodate the proposed subdivision in compliance with the
maximum densities specified by the RE and RS designations and
the HMOD; and,
The design of the subdivision is not likely to cause
substantial environmental damage, or substantially and
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unavoidably injure fish or wildlife or their habitat, in that
the proposal is in compliance with the requirements of the
California Environmental Quality Act and Section 19.20.030(6)
of the Development Code in that an Environmental Impact Report
was prepared for the project and all impacts, with the
exception of two for which Statements of Overriding
Consideration have been prepared, are mitigated. Mitigation
will be implemented through project design, Conditions of
Approval and Standard Requirements, and will be monitored
through the adopted Mitigation Monitoring/Reporting Program;
and,
The design of the subdivision is not likely to cause serious
public health problems, in that the project has been
conditioned for two standard means of ingress/egress; and,
The design of the subdivision will not conflict with any
easements, acquired by the public at large, for access through
or use of, the property within the proposed subdivision.
SECTION IV. proiect Findinas and ADDroval for the Conditional Use
Permit
A. The proposed single-family subdivision is a conditionally
permitted use within the Hillside Management Overlay District,
and will not impair the integrity and character of, the
subject zoning district and complies with all applicable
provisions of the Development Code, given project Conditions
of Approval; and
B. The proposed use is consistent with the General Plan, in that
it is a permitted use in the RE, Residential Estates and RS,
Residential Suburban land use designations and the Hillside
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Management Overlay District; and
The approval of the Conditional Use Permit for the proposed
use is in compliance with the requirements of the California
Environmental Quality Act and section 19.20.030(6) of the
Development Code in that an Environmental Impact Report
prepared for the project and all impacts, with the exception
of two for which statements of Overriding consideration have
been prepared, are mitigated. Mitigation will be implemented
through project design, Conditions of Approval and Standard
Requirements, and will be monitored through the adopted
Mitigation Monitoring/Reporting Program; and
There will be no potentially significant negative impacts upon
environmental quality and natural resources that could not be
properly mitigated, except those identified and overridden, as
addressed in the Environmental Impact Report; and
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, in that the proposal is compatible with
the nearby land uses. Potential harmful effects have been
mitigated through project Conditions of Approval; and
The subject site is physically suitable for the type and
density/intensity of the use being proposed, in that the site
can accommodate the proposed subdivision in conformance with
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1 all Development Code standards.
2 G. There are adequate provisions for public access, water,
3 sanitation , and public utilities and services to ensure that
4 the proposed use would not be detrimental to public health and
5 safety in that primary access is conditioned to be provided
6 from 40th street across Flood Control District property and
7 limited access has been provided via Arrowhead Road. The
8 necessary infrastructure for providing water, sanitation, and
9 public utilities will be constructed and provided by the
10 applicant and the proposed project has been reviewed by the
11 agencies responsible for providing these services and none of
12 them has indicated an inability to provide services to the
13 site, once the necessary infrastructure is in place.
14 H. The Mayor and Common Council hereby deny the appeal and
15 approve Tentative Tract No. 15303 and Conditional Use Permit
16 No. 91-29 based on the preceding Findings of Fact and subject
17 to the Conditions of Approval and Standard Requirements
18 contained in the September 19, 1995 Planning Commission staff
19 Report, with the exception of Condition of Approval No. 11
20 which is modified per Exhibit 5 of the November 20, 1995 Mayor
21 and Common Council Staff Report and which are incorporated
22 herein by reference.
23 SECTION VI. Notice of Determination
24 The Planning Division is hereby directed to file a Notice
25 of Determination with the County of San Bernardino Clerk of the
26 Board of Supervisors certifying the city's compliance with the
27 California Environmental Quality Act in preparing and adopting the
28 Environmental Impact Report, Findings and Statements of Overriding
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RESOLUTION. . CERTIFYING THE ENVIRONMENT IMPACT REPORT;
ADOPTING FINDINGS AND STATEMENTS OF OVERRIDING CONSIDERATION;
ADOPTING THE MITIGATION MONITORING/REPORTING PROGRAM; AND APPROVING
THE ARROWHEAD SPRINGS PROJECT (TENTATIVE TRACT NO. 15303/
CONDITIONAL USE PERMIT NO. 91-29).
4 consideration and Mitigation Monitoring/Reporting Program. A
5 copy of the Notice of Determination will be forwarded to the State
6 Clearing House.
7 I HEREBY CERTIFY that the foregoing resolution was duly
8 adopted by the Mayor and Common Council of the City of San
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Bernardino at a
regular
meeting thereof, held on the
November
, 1995, by the following
20th
day of
vote, to wit:
Council Members
AYES
NAYS
ABSTAIN
ABSENT
x
NEGRETE
x
14 CURLIN
15 HERNANDEZ
16 OBERHELMAN
17 DEVLIN
18 POPE-LUDLAM
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x
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MILLER
x
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city Clerk
this d- / sf
The foregoing resolution is hereby approved
day of November , 1995.
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T6m Minor, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN
city Attorney A
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By: ~ . 7~
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FROM 'C~LTR~N5-TR~N5.FLNG
TO '93845155
EXIllBIT5
StAtE or CAll'ONNI^-e~S'N[SS. TRANSI'ORTAlrON AND ~IOlJSING AGFNCY
=. -
DEPARTMENT OF TRANSPORTATION
OlStRI(l 8, P,O, SOX 231
SAN 8UNAIlDINO. C^IIFOItNIA 9""02
TOO (909) JD3'S9~9
f"f:J[ WILSON, Govornor
November 1, 1995
08-Sb<;t-18-7.5
Mr. Michael Finn
City of San Bernardino
300 North "O~ Street
San Bernardino, CA 92418
Dear Mr. Finn:
Tentative Tract 15303
Regarding our conversation on the above-referenced document,
we feel the impact of twelve homes to the original one-hundred is
not significant to State Route 18 (SRI8).
If you have any questions, please contact Diane Keel at
(909) 383-6908 or FAX (909) 383-7934.
Sincerely,
~l!~
OffiCe of San Bernardino
County Regional Planning
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EXHIBIT 6
11. A gate shall be constructed per the approved conceptual gate plan at the juncture of the
Arrowhead Road extension and the project main spine road. The gate shall be placed
such that no more than 12 of the homes proposed by Tentative Tract No. 15303 and
Conditional Use Permit take unrestricted access to Highway 18 from Arrowhead Road.
The gate shall include an automatic opening feature for traffic on Arrowhead Road
wishing to travel south and use the 40th Street access, and a Knox Box locking feature
to prevent those proposed homes on the east side of the gate from utilizing Arrowhead
Road for access to Highway 18 under normal circumstances, and access to Highway 18
under emergency circumstances. Final design shall be subject to review and approval
of the Fire Chief, the City Engineer, and the director of Planning and Building Services.