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HomeMy WebLinkAbout1993-140 1 2 3 4 5 s 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 93-140 RESOLUTION OF THE CITY OF SAN BERNARDINO CERTIFYING THE ENVIRONMENTAL IMPACT REPORT; ADOPTING FINDINGS AND STATEMENTS OF OVERRIDING CONSIDERATION; ADOPTING THE MITIGATION MONITORING REPORTING PROGRAM; ADOPTING GENERAL PLAN AMENDMENT NO. 91-18 TO AMEND THE GENERAL PLAN LAND USE PLAN MAP AND TEXT; AND ADOPTING SPECIFIC PLAN NO. 90-01 (CALMAT CAJON CREEK PROJECT) TO ESTABLISH LAND USE DISTRICTS, PERMITTED USES, DEVELOPMENT STANDARDS AND DESIGN GUIDELINES. 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 September 6, 1990, the Environmental Review Committee determined that Specific Plan No. 90-01, a proposal to establish land use districts, permitted uses, development standards and design guidelines and to amend the General Plan Land Use Map and text could have a significant effect on the environment and thus warranted the preparation of an Environmental Impact Report pursuant to the California Environmental Quality Act (CEQA); and (c) WHEREAS, the City held a public scoping meeting on August 14, 1990 to solicit public comment on the preparation of the Draft EIR, and (d) WHEREAS, the intent of the City to prepare a Draft Environmental Impact Report was made known to the public, responsible agencies and other interested persons for their concerns and comments from September 12, 1990 to October 12, 1990, as required by CEQA; and (e) WHEREAS, a Draft Environmental Impact Report was prepared to address Specific Plan No. 90-01 (to establish land use //// i RES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 districts, permitted uses, development standards and design guidelines), General Plan Amendment No. 91-18 (to change the land use designation from IE, Industrial Extractive, IH, Industrial Heavy and PFC, Public Flood Control to SP, Specific Plan and to reference the Ca1Mat Cajon Creek Specific Plan in the Land Use Element of the General Plan), Development Code Amendment No. 92-06 (to reference the Ca1Mat Cajon Creek Specific Plan in the Development Code for purposes of implementation), Conditional Use Permit No. 91-31/Reclamation Plan (to provide public review for the proposed mining operations and to ensure compliance with the Surface Mining And Reclamation Act of 1975 and the Development Code) and Parcel Map Nos. 14106, 14107 and 14108 (to subdivide areas of the project site that are adjacent to Cajon Boulevard and Institution Road for future light and heavy industrial development) in compliance with CEQA and local regulations; and (f) WHEREAS, the Draft EIR was made available to the public, responsible agencies and other interested persons for their review and comment from December 23, 1991 to February 7, 1992, as required by CEQA; and (g) WHEREAS, verbal and written comments were received on the Draft EIR; and (h) WHEREAS, these comments were responded to both orally and in writing as required by CEQA; and (i) WHEREAS, the Planning Commission conducted a noticed public hearing on June 16, 1992 in order to receive public testimony and written and oral comments on Specific Plan No. 90-01, General Plan Amendment No. 91-18, Development Code Amendment No. //// 2 RES 93-140 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 92-06, Conditional Use Permit No. 91-31/Reclamation Plan and Parcel Map Nos. 14106, 14107 and 14108; and (j) WHEREAS, the testimony given at the June 16, 1992 Planning Commission meeting indicated public concern regarding the Environmental Impact Report, the Planning Commission determined that an independent review of specified environmental topics was needed to ensure compliance with Assembly Bill (AB) 1642; and (k) WHEREAS, an independent review was conducted on the air quality, biology, surface hydrology and visual resources sections of the Environmental Impact Report by a consultant team found to be qualified in the environmental areas identified; and (1) WHEREAS, the independent review resulted in an Addendum to the Final Environmental Impact Report which substantiates the conclusions of the Environmental Impact Report as they relate to air quality, biology, surface hydrology and visual resources; and (m) WHEREAS, the Planning Commission conducted a noticed public hearing on February 16, 1993 in order to receive public testimony and written and oral comments on the project (all applications) and the independent review; and (n) WHEREAS, the Planning and Building Services Department Staff Reports dated June 16, 1992, October 20, 1992 and February 16, 1992, which summarize the potential effects of the Specific Plan which proposes to establish land use districts, permitted uses, development standards and design guidelines and all elements of the General Plan Amendment, Development Code Amendment, Conditional Use Permit/Reclamation Plan and subdivisions identified in the Draft EIR and the FEIR were reviewed by the Planning //// 3 RES 93-140 1 2 3 4 5' 6~~ 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Commission; and (o) WHEREAS, the proposed Mitigation Monitoring and Reporting Program was reviewed by the Planning Commission in compliance with CEQA; and (p) WHEREAS, the Planning Commission, after receiving public testimony, recommended certification of the Environmental Impact Report, adoption of the Findings and Statements of Overriding Consideration, adoption of the Mitigation Monitoring Program, adoption of the Specific Plan, adoption of the General Plan Amendment, adoption of the Development Code Amendment, approval of the Conditional Use Permit/Reclamation Plan and approval of the Parcel Maps; and (q) WHEREAS, the Mayor and Common Council conducted a noticed public hearing on May 10, 1993 and fully reviewed and considered the Draft EIR, Final EIR, Mitigation Monitoring and Reporting Program, Findings and Statements of Overriding Consideration, the Planning Division staff reports and the recommendations of the Planning Commission. SECTION II. Environmental Impact Report NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED THAT THE MAYOR AND COMMON COUNCIL HEREBY CERTIFY: A. The Environmental Impact Report (EIR), for Specific Plan No. 90-01, General Plan Amendment No. 91-18, Development Code Amendment No. 92-06, Conditional Use Permit No. 91- 31/Reclamation Plan and Parcel Map Nos. 14106, 14107 and 14108 has been completed in compliance with the California Environmental Quality Act. The EIR and all the evidence and //// a RE593-140 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 information contained therein is attached hereto as Exhibit A- 1 (Draft EIR), Exhibit A-2 (Technical Appendices), Exhibit A-3 (Final EIR), Exhibit A-4 (Addendum to the Final EIR) and Exhibit A-5 (Mitigation Monitoring and Reporting Program) and incorporated herein by reference; B. The EIR was presented to the Mayor and Common Council who have reviewed and considered the information in the EIR prior to adopting Specific Plan No. 90-01, General Plan Amendment No. 91-18, Development Code Amendment No. 92-06, Conditional Use Permit No. 91-31/Reclamation Plan and Parcel Map Nos. 14106, 14107 and 14108. C. The Final EIR has identified all significant environmental effects of Specific Plan No. 90-01, General Plan Amendment No. 91-18, Development Code Amendment No. 92-06, Conditional Use Permit No. 91-31/Reclamation Plan and Parcel Map Nos. 14106, 14107 and 14108 and there are no known potentially significant environmental effects not addressed in the Final EIR. D. Although the Final EIR identifies certain significant environmental effects that would result if Specific Plan No. 90-01, General Plan Amendment No. 91-18, Development Code Amendment No. 92-06, Conditional Use Permit No. 91- 31/Reclamation Plan and Parcel Map Nos. 14106, 14107 and 14108 are adopted, all significant 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 Mitigation Monitoring and Reporting Program for the Final EIR. The Mitigation Monitoring and Reporting Program and all //// 5 RES 93-140 U 1C 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 26 27 28 information contained therein is attached hereto as Exhibit A- 5 and incorporated herein by reference; E. Potential mitigation measures and other project alternatives not incorporated into or adopted as part of Specific Plan No. 90-01, General Plan Amendment No. 91-18, Development Code Amendment No. 92-06, Conditional Use Permit No. 91- 31/Reclamation Plan and Parcel Map Nos. 14106, 14107 and 14108 were rejected as infeasible, based on specific economic, social or other considerations as set forth in the Findings and Statements of Overriding Consideration. The Findings and Statements of Overriding Consideration and all the evidence and information contained therein are attached hereto as Exhibit B and incorporated herein by reference; F. The Mayor and Common Council have given great weight to the significant unavoidable adverse environmental impacts. The Mayor and Common Council find that the significant unavoidable adverse impacts are clearly outweighed by the economic, social and other benefits of Specific Plan No. 90-01, General Plan Amendment No. 91-18, Development Code Amendment No. 92-06, Conditional Use Permit No. 91-31/Reclamation Plan and Parcel Map Nos. 14106, 14107 and 14108, as set forth in the Findings and Statements of Overriding Consideration. G. The findings contained in the Findings and Statements of Overriding Consideration with respect to the significant impacts identified in the Final EIR are true and correct, and are based upon substantial evidence in the record, including documents comprising the Final EIR. //// 6 RES 93-140 1 2 3 4 5 s 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 H. The Final Environmental Impact Report, Mitigation Monitoring and Reporting Program and the Findings and Statements of Overriding Consideration reflect the independent review and analysis and the independent judgement of the City of San Bernardino. SECTION III. Findings BE IT FURTHER RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO THAT: A. The Ca1Mat Cajon Creek Specific Plan is internally consistent with the General Plan, in that it strives for the obtainment of all applicable General Plan Goals regarding employment opportunities, capitalization on and respect for the City's natural resources, the establishment of an industrial corridor, the management of designated areas for mineral extraction to meet the needs of the area, the reduction of incompatibilities between mineral extraction areas and other land uses, and the assurance for adequate reclamation of mineral extraction areas. B. The Ca1Mat Cajon Creek Specific Plan will not be detrimental to the public interest, health, safety, convenience, or welfare of the City, in that implementation of the Specific Plan will be in accordance with all mitigation measures contained within the Mitigation Monitoring and Reporting Program, all Conditions of Approval, all Standard Requirements and any subsequent approvals/permits required to implement the //// RES 93-140 i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 //// project. C. The change of designation from IH, Industrial Heavy on approximately 26 acres, IE, Industrial Extractive on approximately 1,186 acres and PFC, Public Flood Control on approximately 180 acres to SP, Specific Plan - Ca1Mat Cajon Creek Project for the project site located on the west side of Cajon Boulevard generally located between Devore Road and the unincorporated County of San Bernardino community of Muscoy for the proposed general plan amendment will change the Land Use Map and add text to the Land Use Element and is not in conflict with the goals, objectives and policies of the General Plan. D. The subject property is physically suitable for the requested Specific Plan (SP) land use designation and the anticipated land use developments in that the areas proposed for mineral resource extraction have been formally designated by the State as being regionally significant and of prime importance in meeting the future needs of the San Bernardino region and future land uses proposed will serve as a physical and visual buffer of the mining operations while increasing the City's available land for industrial development. E. The subject parcels are physically suitable for the industrial light and heavy designations and anticipated land use development(s) in that the provision of access, utilities and services, compatibility with adjacent land uses and the physical constraints are addressed in the e RES 93-14Q 1 2 3 4 5 s 7 8 9 10' 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 27I 28 //// Calmat Cajon Creek Specific Plan which is part of this proposal. The proposed designations also permit uses that are compatible with the remaining extractive designations and would not preclude mining and mining related activities. F. The Ca1Mat Cajon Creek Specific Plan will ensure development of desirable character which will be compatible with existing and proposed development in the surrounding neighborhood in that the nature of the industrial development which will occur within the Specific Plan areas will be governed by comprehensive Planning Area Regulations which provide more specificity as to the types of uses which will be permitted, as well as by development standards regarding setbacks, heights, lot coverage, etc., all of which shall serve to reduce any incompatibilities with adjacent land uses. G. The proposed specific plan will contribute to a balance of land uses so that local residents may work and shop in the community in which they live in that the Ca1Mat Cajon Creek Specific Plan includes a total of 298 acres which will ultimately be developed with industrial uses and additional employment opportunities will also be provided by 606 acres of mining-related activities. H. The proposed map amendment will not affect the balance of land uses within the City in that the change in designation is from one type of industrial use to another. However, it will remove areas containing State 9 ~ RES 93-140 designated regionally significant mineral resources from that designation. These areas are relatively small in size and the amount of land necessary to provide a buffer from existing, incompatible uses will make it infeasible to mine. 1C 1] 1~ 13 19 15 1C 17 1F 1S 2C 21 22 23 29 25 26 27 28 I. The Ca1Mat Cajon Creek Specific Plan and attendant general plan map and text amendments will not be detrimental to the public interest, health, safety and welfare of the City in that it removes certain areas from the IE, Industrial Extractive designation that have certain constraints such as inadequate size or proximity to other types of land uses that would preclude compatibility. SECTION IV. Certification of the Environmental Impact Report NOW THEREFORE BE IT RESOLVED, FOUND AND DETERMINED by the Mayor and Common Council that the Environmental Impact Report is certified, the Statements of Overriding Consideration are adopted and the Mitigation Monitoring and Reporting Program is adopted. SECTION V. Amendments NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO THAT: A. The Land Use Element of the General Plan of the City of San Bernardino is amended by adding text which consists of a goal, objective and policies for the SP, Specific Plan - Ca1Mat Cajon Creek Project land use designation. A copy of the text for the SP, Specific Plan - Ca1Mat Cajon Creek Project land use designation is attached hereto as Exhibit C and //// io RES 93-140 1 incorporated herein by reference. 2 B. The Land Use Plan of the General Plan of the City of San 3 Bernardino is amended by changing approximately 26 acres from 4 IH, Industrial Heavy, approximately 1,186 acres from IE, 5 Industrial Extractive and approximately 180 acres from PFC, 6 Public Flood Control to SP, Specific Plan - Ca1Mat Cajon Creek ~ Project for a total of 1,392 acres. The location of this 8 amendment is outlined on the map entitled Exhibit D and is 9 more specifically described in the legal descriptions entitled 10 Exhibits E-1 through E-13, copies of which are attached hereto 1] and incorporated herein by reference. 12 C. The text and map amendments described in Section V., 1R Subsections A. and B. are designated as General Plan Amendment 14 NO. yl-ltl. 15 SECTION VI. Text Change And Mao Notations 16 This resolution and the amendments affected by it shall be 1~ inserted in an appropriate location in the Land Use Element of the 18 General Plan and noted on such appropriate General Plan maps which 19 have been previously adopted and approved by the Mayor and Common 20 Council and which are on file in the office of the City Clerk. 21 SECTION VII. ~ecific Plan 22 The Ca1Mat Cajon Creek Specific Plan No. 90-01 for the 23 development 1,392 acres west of Cajon Boulevard and generally 24 located between Devore Road and the unincorporated community of 25 Muscoy is hereby adopted. The Specific Plan includes General Plan 26 Amendment No. 91-18 (SP, Specific Plan -Ca1Mat Cajon Creek 27 Project), which will change the General Plan Land Use designation 28 ~~~~ ii RES 93-140 1 2. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 from IH, Industrial Heavy, IE, Industrial Extractive and PFC, Public Flood Control to SPZL (Specific Plan - Industrial Light), SPIH (Specific Plan - Industrial Heavy), SPIE (Specific Plan - Industrial Extractive) and SPOS (Specific Plan - Open Space) and outline the boundary of the Specific Plan Area. The Specific Plan will be referenced in the Land Use Element of the General Plan as shown in Exhibit C. A copy of the Specific Plan is attached hereto as Exhibit F-1 (Ca1Mat Cajon Creek Specific Plan) and Exhibit F-2 (Technical Appendices) and incorporated herein by reference. Development Code Amendment No. 92-06 will implement the Specific Plan through the accompanying ordinance. SECTION VIII. Notice Of Determination The Planning Division is hereby directed to file a Notice of Determination with the County Clerk of the County of San Bernardino certifying the City's compliance with the California Environmental Act in preparing and adopting the Environmental Impact Report and Mitigation Monitoring and Reporting Program. A copy of the Notice of Determination will be forwarded to the State Clearing House. SECTION IX. Effective Date This resolution shall become effective immediately upon adoption by the Mayor and Common Council. //// //// //// //// 12 RES 93-140 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION ... CERTIFYING THE ENVIRONMENTAL IMPACT REPORT; ADOPTING FINDINGS AND STATEMENTS OF OVERRIDING CONSIDERATION; ADOPTING THE MITIGATION MONITORING REPORTING PROGRAM; ADOPTING GENERAL PLAN AMENDMENT NO. 91-18 TO AMEND THE GENERAL PLAN LAND USE PLAN MAP AND TEXT; AND ADOPTING SPECIFIC PLAN NO. 90-01 (CALMAT CAJON CREEK PROJECT) TO ESTABLISH LAND USE DISTRICTS, PERMITTED USES, DEVELOPMENT STANDARDS AND DESIGN GUIDELINES. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at an aaiournea regular meeting therefore held on the loth day of 4fav 1993, by the following vote to wit: Council Members AYES NAYS ABSTAIN ABSENT ESTRADA x REILLY x HERNANDEZ x MAUDSLEY x MINOR x POPE-LUDLAM x MILLER x ac.d.t.2.. ~/`~- Cit Clerk The foregoing resolution is hereby approvecy,this 13'~~u day of May , 1993. ~~ W:RF Holbomb, Mayor Citv of San Bernardino Approved as to form and legal content: JAMES F. PENMAN City Attorne By: ~ 13 RES 93-140 ATTACHMENT 1, EXHIBIT "',3 CANDIDATE FINDINGS AND STATEil4ENT OF OVERRIDING CONSIDERATIONS REGARDL\G ENVIRONMENTAL IMPACTS OF APPROVAL OF THE CALMAT CAJON CREEK SPECIFIC PLAN AND CONDITIONAL USE PERMIT/RECLAMATION PLAN General Plau Amendment No. 91-18, Specific Plan No. 90-01, Development Code Amendment No. 9206, Conditional Use Permit and Reclamation Plan No. 9131, and Tentative Parcel Map Nos. 14106, 14107, 14108 The Common Council of the City of San Bernardino (the "Council"), in approving the General Plan Amendment No. 91-18, Specitic Plan No. 90-01, Development Code Amendment No. 9206, Conditional Use Permit and Reclamation Plan No. 9131, and Tentative Parcel Map Nos. 14106, 14107 and 14108 (hereinafter, the "project"), makes the following findings which are supported by the corresponding facts pursuant to the California Environmental Quality Act ("CEQA") Public Resources Code Section 21000 etet seo• and Section 15041 of the State CEQA Guidelines (14 Cal. Code of Regulations Section 1000 et se CEQA Guidelines (Guidelines) Section 15091 provides: provide: "(a) No public agency shall approve or carry out a project for which an EIR has been completed which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects accompanied by a brief explanation of the rationale for each finding. The possible findings aze: (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes B\9053139MP1-RPI'jcd Apnl 1. 1991 I RES 93-140 have been adopted by such other agency, or can and should be adopted by such other agency. (3) Specific economic. social, or other considerations make infeasible the mitigation measures or project alternatives identited in the Final EIR." The Environmental Impact Report (EIR), which includes the Draft EIR, the Final EIR and the Addendum, for the proposed project identifies eleven basic groups of adverse impacts, some of which are non-significant and some of which are significant. All of the impacts identified are mitigable to some extent, most are mitigable to a level of non-significance. The City hereby finds that the project will have the potential significant impacts set forth in the EIR and adopts the findings set forth in the EIR as findings of the City. These Findings and Statement of Overriding Considerations consist of Sections 1.0 through 6.0. Section 1.0 provides an overview of the project. Section 2.0 contains a summary of project impacts that are significant but will be reduced to a level of non-significance through implementation of mitigation measures. Section 3.0 addresses impacts that are mitigated to some extent after the imposition of mitigation measures, but not to a level of non- significance. These unmitigable impacts and mitigation measures, the rationale for their effectiveness, and the reasons why other mitigation is infeasible, are described in Section 3.0. The project offers benetits which have been balanced against its unmitigable environmental effects. These are described in Section 4.0. The EIR analyzes a range of alternatives to the project which are discussed in Section 5.0. Conclusions are given in Section 6.0. B\9053139MP1-RPI' jcd Apnl 1. 1993 2 RES 93-140 1.0 BACKGROUND 1.1 PROJECT DESCRIPTION AND REQUIRED APPROVALS The applicant, Calbfat Co., in requesting approval of General Plan Amendment No. 91-18, Specific Plan No. 90-O1, Development Code Amendment No. 9206, Conditional Use Permit and Reclamation Plan No. 9131, and Tentative Parcel Map Nos. 14106, 14107, and 14108 (hereinafter referred to as the "Cajon Creek Project"), proposes to establish plans for land use, permitted uses, development standards and design guidelines within the Cajon Creek Project site. The proposed site consists of 1,392 acres of land located on the west side of Cajon Boulevard, generally between Devore Road and the unincorporated community of Muscoy. The Cajon Creek Project would provide for the establishment of mineral extractive, heavy industrial, light industrial and open space uses with mining-related interim uses on the site. The project is phased with ultimate build-out anticipated at 25 years for the light and heavy industrial uses. Also involved in the project is the annexation to the City of portions of the project site. The specific objectives of the Cajon Creek Project have been defined as follows (Page 2-3 of the Draft EIR): • Utilize those portions of the project site for industrial uses which take advantage of the unique setting of the project area in relation to the Inland Empire, Victor Valley and Ontario airport, and in terms of transportation resources; i.e., the proximity of the intersection of two Interstate Highways and three railroad systems (Atcheson, Topeka, and Santa Fe (AT&SF); Union Pacific; and Southern Pacific). • Extract and process sand, gravel and rock from the floodplain and alluvial terrace of Cajon Creek Wash, in accordance with the Regionally Significant Mineral Resource designation by the State Mining and Geology Board and B\9053I39MP1-RPr jcd April 1. 1993 3 RES 93-140 with the City of San Bernardino's General Plan, for distribution within the San Bernardino regional market. • Provide for the conservation and protection of sensitive biological habitats by conserving open space, which would create a corridor connecting open space area in the Cajon Creek floodplain with a conservation areas further to the west. The Cajon Creek Project consists of sixteen "Planning Areas" which make-up the 1,392 acre project site. (Attachment A identities the location of the Planning Areas on the project site). Phasing, or development timing, has been placed into three categories: "Near Term", "Intermediate Term" and "Long Term". A summary of the Specific Plan Development Phases is provided in Attachment B. (It is understood that the phases, as defined, are for planning purposes and do not restrict development to these phases, or require completion of one phase prior to commencement of the next). Actual development of land covered by the Specific Plan will be predicated upon the market for aggregate, as well as for the industrial property, in addition to the development of necessary supportive infrastructure. Within the phasing categories are "Development Clusters", which indicate related development activity. Near Term refers to foreseeable development or mineral resource- related activity which may occur during the early years of Specific Plan implementation. As the market for industrial land within the Specific Plan azea continues to evolve, Intermediate Term development would be expected to occur. Long Term development within the Specific Plan azea would occur as the market for industrial land matures, Near Term extractive and processing operations aze completed, and interim uses are replaced with ultimate land uses. This would be expected to include Light and Heavy Industrial development or redevelopment. 1.2 ENVIRONMENTAL DOCUMENTATION The environmental review process for the Cajon Creek Project began on September 6, 1990. Based on the findings in the Initial Study, the City made a determination to prepare an Environmental Impact Report (EIR) that addresses all of the potentially significant environmental issues outlined in the Initial Study checklist. The City released the Initial 819053139MP1-RPT jcd April 1, 1993 4 RES 93-140 Study and Notice of Preparation to the public on September 12, 1990. These two documents and responses to the Notice of Preparation are Included in the EIR as Appendix A. The Draft EIR for the Cajon Creek Project (SCHN90020908) was prepared by Woodward- Clyde Consultants and released to the public on December 20, 1991. Comment letters were received and responses to comments are included in the Final EIR. The Final EIR for the Cajon Creek Project consists of the following components: • The Initial Study, September 6, 1990 • The Notice of Preparation, September 12, 1990 • Responses to Notice of Preparation (through October 12, 1990) • The Draft EIR, released December 20, 1991 • The comments received on the Draft EIR during the public review process and the responses to those comments • The Addendum to the EIR, February 1993 • The Staff Reports and attachments containing these Findings of Facts and Statement of Overriding Considerations; and, the Mitigation Monitoring/ Reporting Program. At the Planning Commission hearing on June 16, 1992, the City decided to retain outside consultants to independently review the EIR's discussion of four categories of impacts (Air Quality, Biology, Hydrology and Visual Resources). The major conclusions which emerged from the review are as follows: 1. The project will not create any new signiticant effects which were not previously evaluated in the EIR; B\9053139MP1•RPI' jcd April 1, 1997 5 RES 93-140 2. The significant effects discussed in the EIR will not be substantially more severe than anticipated; and, 3. No mitigation measures or alternatives which were previously thought to be infeasible or were not previously considered are now considered feasible or found to substantially reduce one or more significant effects. The review resulted in analyses from the peer review consulting team and responses from the City's original EIR consultant which was compiled in an Addendum to the EIR. Essentially, the conclusions of the EIR are not changed as a result of the information contained in the Addendum. The information in the Addendum clarifies discussions contained in the EIR and makes minor technical changes, only. Therefore, under the provisions of CEQA Guidelines Section 15164(a)(b)(c), the review document qualifies as an Addendum to the Final EIR and constitutes part of the EIR. 1.3 HEARINGS FOR COMMENTS ON THE PROJECT AND EIR The following hearings were held at which comments were accepted on the EIR and proposed project: Date Reviewine Bodv January 30, 1992 May 14, 1992 June 16, 1992 February 16, 1993 April 5, 1993 B\9053139MPJ•RPT jcd Apnl 1, 1993 6 City DRC/ERC City DRC/ERC City Planning Commission City Planning Commission Mayor and Common Council RES 93-140 2.0 L~IPACTS 1IITIGATED TO A LEVEL OF NON-SIGNIFICANCE The Common Council finds that in the following areas, the project's environmental impacts are potentially significant, but are mitigated to a level of insignificance by changes which have been required in, or incorporated into, the project to avoid or substantially lessen the significant environmental effects. 2.1 BIOLOGICAL RESOURCES 2.1.1 Potential Significant Impacts The project site contains habitat and associated wildlife. The loss of habitat as a result of aggregate mining and related activities includes: 640 acres outside of the flood plain (which is currently either degraded or disturbed); and 240 acres of Riversidian alluvial fan sage scrub habitat within the floodplain (which is in its natural state). The Project may also create the potential for lone term, cumulative regional impacts on biological resources. Findings from field surveys did not find that the project site contains the slender-horned spineflower (a State and Federally listed endangered species), or the California gnatcatcher and the Los Angeles pocket mouse (both Federal Candidates for listing and California Species of Special Concern). Surveys and analyses of the site indicate a low potential for the California gnatcatcher or the Los Angeles pocket mouse to inhabit the site. Notwithstanding the foregoing, even though studies to date have found no slender-homed spineflower species on-site, Section 3.0 assumes that there is a potential that this species may be present on-site and assumes that impacts on those species are unmitigable but outweighed by project benefits. B\9053I39MPJ-RPT jcd April 1, 1993 7 we-, 73-14U 2.1.2 Findings Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the potential significant biological impacts identified in the EIR. Furthermore, the EIR identifies impacts that are not significant and without the need for mitigation, but mitigation measures have been identified in the Mitigation Monitoring/ Reporting Program (MM/RP) in order to further minimize these non-significant impacts. With implementation of the mitigation measures and applicable plans (i.e. the MM/RP), the Specific Plan, Reclamation Plan and Revegetation Plan), there will be no significant unavoidable adverse impacts on biological resources. The specific mitigation measures from the EIR and the MM/RP that mitigate biological impacts to a level of non-significance aze described below. While some sensitive habitat will be impacted by aggregate mining and related activities in Planning Area P, about 488 acres will be conserved as open space in Planning Area O; and approximately 257 acres will be added to the open space within the active floodplain (the western portion of the site) following mining in Planning Area P. The result is the conservation of approximately 745 acres of habitat (over 96 percent of the Riversidian alluvial fan sage scrub on the site). As the vegetation is removed, the associated wildlife will either be impacted or displaced to adjacent habitat areas. Nevertheless, while the EIR finds that the project ultimately affects over half of the site's undisturbed natural acreage, there aze mitigations as well as project conditions that will reduce this impact to a level of non-significance, i.e., the provision of an extensive revegetation plan that will be phased concurrently with mining; and, conservation of open space and the reclamation of Planning Area P. Even though based on the studies conducted to date no mitigation is required relative to impacts to slender-homed spineflower, the California gnatcatcher and the Los Angeles pocket mouse, the following have been imposed as conditions on the project and, at the appropriate development phase, shall be required in order to further minimize these non-significant impacts: B~9053139MPJ-RPI' icd APriI 1. 1993 8 RES 93-140 • Three slender-horned spineflower surveys will be conducted in accordance with recommendations by Tierra ~ladre Consultants in Technical Appendix B of the EIR • A Los An;eles County Pocket blouse survey will be conducted prior to mining in Planning Area P • Two California Gnatcatcher surveys will be conducted in accordance with the California Gnatcatcher Survey Guidelines. The mitigation measures summarized in the EIR Executive Summary ("ES"), pages ES-6 through ES-11 (Attachment C) and Section 4.1 of the MM/RP (Attachment D) also serve to mitigate biological impacts to a level of non-significance. 2.1.3 Facts in Support of Findings The project's potential biological impacts have been eliminated or substantially lessened to a level of non-significance by virtue of the mitigation measures identified in the EIR and its components, and restated in the MM/RP. Such measures are within the responsibility of the City. They have been adopted by the City in the Mbl/RP and will be imposed as Conditions of Approval in accordance with Public Resources Code Section 21081.10. The most substantial mitigation measure is the conservation and reclamation of sensitive habitat. 488 acres will be placed in permanent open space immediately upon project approval. The project's conservation and management of these resources is identified in the Conditional Use Permit and Reclamation Plan to assure that the mitigation measures are implemented. Other mitigation measures will assure that disturbances which do occur will be minimal. Follow-up surveys on sensitive species will give the City the opportunity to monitor and confirm the results of studies contained in the EIR. Therefore, the Council finds that these impacts will be mitigated to a level of non-significance. B\9053139MP1-RP'I' jcd April 1. 1993 9 RES 93-140 2.2 AIR QUALITY 2.2.1 Potential Significant Impacts The Cajon Creek Project may potentially result in the following significant impacts to air quality: fugitive dust derived from scattered sources in addition to processing equipment, increased dust emissions from all rock production and distribution, local air quality impacts from creation of dust emissions during Santa Ana wind conditions, aggregate product hauling emissions and industrial park vehicular emissions of ROG, CO, and NO„ increased stationary source emissions (including NO,~ from light and heavy industrial uses and asphaltic concrete plant and cumulative air quality impacts from combustion impacts and dust (PM-10). Cumulative air quality impacts from combustion emissions and dust from Santa Ana wind conditions will result in unavoidable adverse impacts. These impacts are discussed in Section 3.0. 2.2.2 Findings With the exception of project impacts from combustion emission sources (both aggregate product hauling and industrial park vehicles) and cumulative air quality impacts from combustion emissions and dust; changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the potential significant air quality impacts identified in the EIR. Furthermore, the EIR identifies impacts that are not significant and without the need for mitigation, but mitigation measures have been adopted in the MM/RP in order to further minimize non-signitcant impacts. Therefore, with implementation of the mitigation measures and applicable plans (i.e., the MM/RP, the Specific Plan, Conditional Use Permit/Reclamation Plan and Revegetation Plan), there will be no significant unavoidable adverse impacts on air quality (except as stated in Section 3.0). The mitigation measures summarized in the EIR Executive Summary "ES", pages ES-12 through ES-16 (Attachment C) and Section 4.2 of [he MM/RP (Attachment D) serve to mitigate these impacu, with the exception of project related impacts from combustion B\9053139MPf-TtPr jed April 1, 1993 l0 RES 93-140 emissions; and cumulative air quality impacts from combustion emissions and dust, to a level of non-significance. 2.2.3 Facts in SuppoJ4 of Findings The above identified potentially signitcant air quality impacts have been eliminated or substantially lessened to a level of non-significance by virtue of the mitigation measures identified in the EIR and its components, and restated in the MM/RP. Ultimate enforcement of the mitigation measures calling for compliance with SCAQMD Rules 403 and 401 and Regulation XIII, and for the issuance of SCAQMD permits is within the responsibility of the SCAQMD and not the City; however, it is anticipated that the mitigation measures will be adopted by such agency. The mitigation measures have been adopted by the City in the MM/RP and will be imposed as Conditions of Approval in accordance with Public Resources Code Section 21081.10. The AQMD rules, permits, and regulations, together with implementation of the high wind response plan, are mitigation measures that will be imposed to reduced impacts associated with aggregate and industrial sources. Air quality regulations for these sources are well- established and have proven effective in other similar contexts. Vehicular emissions from site tenants will be reduced with the implementation of a transportation demand management program designed specifically for this project. Therefore, the Council finds that these impacts will be mitigated to a level of non-significance. 2.3 GEOLOGIC AND GEOTECHNICAL 2.3.1 Potential Significant Impacts The Cajon Creek Project may potentially result in the following significant impacts to geologic and geotechnical resources: ground rupture along potentially active fault traces, as delineated by the Alquist-Priolo Special Studies Zone (APSSZ); ground motions at the subject site and the surrounding area in the event of a moderate to large earthquake on a nearby fault; groundwater impacts resulting from mining in Planning Areas F, L, M and P; and potential slope instability in mining areas. 819 05 3 1 3 9MPJ•RPI' jcd April 1. 1993 11 1tE$ 93-140 The project site is adjacent to the Cajon Boulevard Landfill under the ownership of San Bernardino County. Migration of methane gas from the landfill represents a potential significant impact. 2.3.2 Findings Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the potential significant geologic and geotechnical impacts identified in the EIR. Furthermore, the EIR identifies impacts that are not significant and without the need for mitigation, but mitigation measures have been adopted in the MM/RP in order to further minimize these non-significant impacts. With implementation of the mitigation measures and applicable plans (i.e., the MM/RP, the Specific Plan, Conditional Use Permit/Reclamation Plan and Revegetation Plan), there will be no significant unavoidable adverse impacts relating to geologic and geotechnical resources. The mitigation measures summarized in the EIR Executive Summary "ES", pages ES-17 through ES-20 (Attachment C) and Section 4.3 of the MM/RP (Attachment D) serve to mitigate these impacts to a level of non-significance. 2.3.3 Facts in Support of Findings The project's potential significant geologic and geotechnical impacts have been eliminated or substantially lessened to a level of non-significance by virtue of the mitigation measures identified in the EIR and its components, and restated in the MM/RP. Such measures are within the responsibility of the City and have been adopted by the City in the MM/RP. The mitigation measures will also be imposed as Conditions of Approval in accordance with Public Resources Code Section 21081.10. The Council adopts the EIR's conclusion that potentially significant impacts relating to ground rupture, ground shaking, groundwater quantity and quality, and slope stability will be mitigated. Furthermore, although testing will be conducted to determine if there is landfill gas migration onto the site, the County is responsible for mitigation relative to such migration. Groundwater monitoring, which is a Condition of Approval, will provide for observation of potential groundwater impacts. The B\9053139MP1•RPI' jcd April I. 1993 12 RE$ 93-140 focus of the mitigation measures and project conditions is to protect Humans from seismic dangers and to avoid or minimize contac[ with groundwater basins. Therefore, the Council finds that these impacts will be mi[iga[ed to a level of non-significance. 2.4 SURFACE HYDROLOGY 2.4.1 Potential Significant Impacts The Cajon Creek Project may potentially result in the following significant impacts to surface hydrology: flood flow hazards within the FEMA-mapped Cajon Creek 100-year floodplain (primarily to Institution Road, MWD/SGVMWD Aqueducts and the Ca1Nev 8" pipeline) due to in-stream mining, drainage of surface run-off from mining areas, aggregate processing plant sites and industrial development areas, construction related water quality impacts due to sediment movement, and degradation of surface water quality within and downstream from the site due to processing operations at the portable plants in Planning Areas D and I, and the permanent plant in Planning Area N. 2.4.2 Findings Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the potential significant impacts related to surface hydrology that are identified in the Final EIR. Furthermore, the EIR identifies impacts that are not significant and without the need for mitigation, but mitigation measures have been adopted in the MM/RP in order to further minimize these non-significant impacts. With implementation of the mitigation measures and applicable plans (i.e., the MM/RP, the Specific Plan, Conditional Use Permit/Reclamation Plan and Revegetation Plan), there will be no significant unavoidable adverse impacts relating to surface hydrology. The specific mitigation measures summarized in the EIR Executive Summary "ES", pages ES-21 through ES-24 (Attachment C) and Section 4.4 of the MM/RP (Attachment D) serve to mitigate these impacts to a level of non-significance. B19053139MP1-RPT jcd April 1. 1993 13 R$S 93-140 2.4.3 Facts in Support of Findiugs The project's potential significant surface Ilydrolo;ica] impacts have been eliminated or substantially lessened to a level of non-signitcance by virtue of the mitigation measures identified in the EIR and its components, and restated in the MM/RP. The mitigation measures relating to surface runoff and plant process water are within the responsibility of the Regional Water Quality Control Board (RWQCB), and it is anticipated that such measures will be adopted by such agency. The mitigation measures have been adopted by the City in the MM/RP and as Conditions of Approval in accordance with Public Resources Code Section 21081.10. Additionally, a Condition of Approval requires that appropriate hydrology/engineering studies will be conducted to monitor the need for streambed stabilization and to provide such stabilization if required. The project conditions together with the mitigation measures will ensure that Cajon Creek will retain as normal a course and velocity as possible and will ensure that no habitable structures will be built within its floodplain. Therefore, the Council finds that these impacts will be mitigated to a level of non-significance. 2.5 NOISE 2.5.1 Potential Significant Impacts The Cajon Creek Project may potentially result in the following significant noise impacts: increased project noise levels on surrounding sensitive land uses from mineral resources processing in Planning Areas D, I, and N. 2.5.2 Findings Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the potential signitcant impacts related to noise that are identified in the EIR. Furthermore, the EIR identifies impacts that are not significant and without the need for mitigation, but mitigation measures have been adopted in the MM/RP in order to further minimize these non-significant impacts. B\9053I39MP1-RPI' jcd Apnl 1. 1997 1 Q RES 93-140 With implementation of the mitigation measures and applicable plans (i.e., the MM/RP, the Specific Plan, Conditional Use Permit/Reclamation Plan and Reveoetation Plan), there will be no significant unavoidable adverse noise impacts. The specific mitigation measures summarized in the EIR Executive Summary "ES", pages ES-25 through ES-26 (Attachment C) and Section 4.~ of the MM/RP (Attachment D) serve to mitigate noise impacts to a level of non-significance. 2.5.3 Facts in Support of Findings The project's potential significant noise impacts have been eliminated or substantially lessened to a level of non-significance by virtue of the mitigation measures identified in the E1R and its components, and restated in the MM/RP. Such measures are within the responsibility of the City and have been adopted by the City in the MM/RP. The mitigation measures will also be imposed as Conditions of Approval in accordance with Public Resources Code Section 21081.10. The mitigation measure prohibiting hourly noise levels to exceed specified levels at the nearest sensitive residential land uses to Planning Areas D, I and N caused by plant operations, including aggregate extraction, processing, handling and formulation of any construction materials have been developed pursuant to an acoustical analysis, and will assure that increased project noise levels on surrounding sensitive land uses are reduced to a level of non-significance. In addition, by designing the plant site layout so as to minimize the impacts to residents to the southeast of Planning Area N it will help reduce project noise levels to a level of non-significance. The project's compliance with Noise Review Policy 14.1.1 specified in the San Bernardino General Plan noise element will assure that the cumulative impacts from all noise sources do not reach noise levels above 65 db(A) CNEL. The mitigation measures will reduce the cumulative impacts from all noise sources to a level of non-significance. Therefore, the Council tinds that these noise impacts will be mitigated to a level of non-significance. B\9053179MP1•RPT jcd AD~I I. 1993 15 2.6 LAND USE 2.6.1 Potential Significant Impacts The Cajon Creek Project Inay potentially result in the following significant land use impact: inconsistencies with City of San Bernardino General Plan in Planning Areas A, B, C, G, H, I, J, and O due to the change in use of land zoned industrial extractive (IE), to open space and industrial light (IL) and industrial heavy (IH) uses. The project will also convert 124 acres of State-designated regionally significant mineral resource land to other uses. This impact is considered a significant unavoidable impact and is discussed in Section 3.0. 2.6.2 Findings With the exception of conversion of State-designated regionally significant mineral resource land to other uses, changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the potential signitcant land use impacts identified in the EIR. Furthermore, the EIR identifies impacts that are not significant and without the need for mitigation, but mitigation measures have been adopted in the MM/RP in order to further minimize these non-significant impacts. With implementation of the mitigation measures and applicable plans (i,g_, the MM/RP, the Specific Plan, Conditional Use Permit/Reclamation Plan and Revegetation Plan), there will be no significant unavoidable adverse impacts on land use. The mitigation measures summarized in the EIR Executive Summary "ES", pages ES-27 through ES-28 (Attachment C) and Section 4.6 of the MM/RP (Attachment D) serve to mitigate these impacts to a level of non-si;niticance. 2.6.3 Facts in Support of Findings The above identified potential significant land use impacts, with the exception of conversion of mineral resource land to other uses, have been eliminated or"substantially lessened to a B\9053I39MP1-RPr jcd April 1. 1993 16 itE 9 4~ level of non-significance by virtue of the mitigation measures identified in the E1R and its components, and restated in the MM/RP. Such measures are within the responsibility of the City and have been adopted by the City in the MM/RP. The mitigation measures will also be imposed as Conditions of Approval in accordance with Public Resources Code Section 21081.10. As mitigation, the proposed Specific Plan would amend the land use element of the San Bernardino General Plan and re-zone portions of the site presently zoned for mineral exttaction to allow for a mix of heavy and light industrial development and open space uses in appropriate areas of the site. The mitigation measures require a General Plan amendment, Specific Plan Planning Area Regulations, and Design Guidelines. Although the project requires an amendment to the General Plan Land Use Map, it is consistent with the unaffected portions of the General Plan for the reasons set forth in the Resolution adopting the General Plan Amendment. Such an amendment would be fully consistent with the City's stated goals and policies on mineral resources and conservation and enhancement of biological resources and would reduce the impacts associated with the zoning changes within Planning Areas A, B, C, G, H, I, J and O to a level of non-significance. Therefore, the Council fmds that these land use impacu ,with the exception of mineral resource conversion impacu, will be mitigated to a level of non-significance. 2.7 TRAFFIC AND C]RCULATION 2.7.1 Potential Significant Impacts The project may potentially result in the following significant traffic and circulation impacu: an increase in Average Daily Trips (ADT) from Near-Term development of Specific Plan Planning Areas G and H and Planning Areas D, E and K; an increase in ADT from Intermediate-Term development of Specific Plan Planning Areas N, I, and J; an increase in ADT from Long-Term development of Specific Plan Planning Areas A, B and C; and, an increase in truck traffic on Cajon Boulevard from the overall projected traffic distribution. B\9Q53I39MP1-RPT jrA April 1, 1993 17 RES 93-140 2.7.2 Findings Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the potential significant traffic and circulation impacts identified in the EIR. Furthermore, the EIIt identifies impacts that are not significant and without the need for mitigation, but mitigation measures have been adopted in the MM/RP in order to further minimize these non-significant impacts. With implementation of the mitigation measures and applicable plans (jg,~, the MM/RP, the Specific Plan and Conditional Use Permit/Reclamation Plan), there will be no significant unavoidable adverse impacts on traffic and circulation. The increase in ADT from Near-Term development of Specific Plan Planning Areas G and Hand Planning Areas D, E and K will be mitigated to a level of non-significance by frontage road improvements along Cajon Boulevazd and Institution Road (including driveway access to Planning Areas), limitation of internal street access to Planning Areas I and J; intersection improvements at Cajon Boulevazd, Institution Road and Palm Avenue; and aggregate truck routing restrictions. The increase in ADT from the Intermediate-Term development of the Specific Plan Planning Areas I, J, L, M, and N will be mitigated to a level of non-significance by frontage road improvements and access road improvements along Institution Road and by the roadway improvements implemented during the Neaz-Term developments. The increase in ADT from Long-Term development of Specific Plan Planning Areas A, B and C will be mitigated to a level of non-significance by improvement of the Cajon Boulevard and Kendall Drive intersection and by the roadway improvements implemented during the Neaz-Term and Intermediate-Term developments. The increase in rock truck traffic south on Cajon Boulevazd will be mitigated to a level of non-significance by limiting the use of Cajon Boulevard south of Cable Creek Channel to local deliveries and limiting the use of the Devore Road bridge (over I-215) to use for local deliveries. B\9Q93139MP1-RPT jcd April I. 1993 l8 xt=~I4o The specific mitigation measures summarized in the EIR Executive Summary "ES", pages ES-33 through ES-35 (Attachment C) and Section 4.7 of the MM/RP (Attachment D) serve to mitigate traffic and circulation impacts to a level of non-significance. 2.7.3 Facts in Support of Findings The above identified potential significant traffic and circulation impacts have been eliminated or substantially lessened to a level of less than signitcant by virtue of the mitigation measures identified in the EIR and its components, and restated in the MM/RP. Such measures are within the responsibility of the City and have been adopted by the City in the MM/RP. The mitigation measures will also be imposed as Conditions of Approval in accordance with Public Resources Code Section 21081.10. The mitigation measures outline infrastructure improvements that will address project impacts. They have been designed to anticipate background traftc volumes as currently projected over time in accordance with current General Plan zoning in the surrounding area. To ensure that Long-Term project development will not significantly impact the I-215/Palm Avenue and I-15/Devote Road interchanges, the mitigation measures require a traffic study when project related traffic reaches 10,000 ADT. In accordance with State CEQA Guidelines Section 15162, subsequent approvals implementing the project will take this data into account. Therefore, the Council finds that these mitigations, based on data currently available, will mitigate traffic impacts to a level of non-significance. 2.8 VISUAL RESOURCES 2.8.1 Potential Significant Impacts The Cajon Creek Project may potentially result in the following significant visual resource impact: alteration of visual character of the site, landform alterations, and light and glare. Project implementation will alter views of the site when compared to existing site conditions (i.e. undeveloped, vacant land that is disturbed). The aesthetic impact of the project may be adverse due to its modification of views from various locations identified within the proximate, midrange and distal locations in the project vicinity: B\9053139MP1-RPr jcd April 1. 1993 19 RES 93-140 2.8.2 Findings Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the potential significant visual impacts identified in the EIR. Furthermore, the EIR identifies impacts that are not significant and without the need for mitigation, but mitigation measures have been adopted in the MM/RP in order to further minimize these non-significant impacts. With implementation of the mitigation measures and applicable plans (i.e., the MM/RP, the Specific Plan, Conditional Use Permit/Reclamation Plan, Revegetation Plan and the City's Development Permit requirements), there will be no significant unavoidable adverse impacts on visual resources. The mitigation measures summarized in the EIR Executive Summary "ES", pages ES-34 through FS-36 (Attachment C) and Section 4.8 of the MM/RP (Attachment D) serve to mitigate these impacts to a level of non-significance. 2.8.3 Facts in Support of Findings The above identified potential significant impacts to visual resources have been eliminated or substantially lessened to a level of less than significant by virtue of the mitigation measures identified in the EIR and its components, and restated in the MM/RP. Such measures are within the responsibility of the City and have been adopted by the City in the MM/RP. The mitigation measures will also be imposed as Conditions of Approval in accordance with Public Resources Code Section 21081.10. The site is not identified as a significant visual landmark or scenic vista and the project is not in conflict with environmental plans and goals of the community identified in the City's General Plan. Nonetheless, the project has mitigated-by-design what otherwise might be considered potentially significant aesthetic impacts; that is, the project considers environmentally sensitive features of the site (i.e. Riversidian alluvial fan sage scrub habitat in the floodplain area) and has included provisions for such things as conservation of open space habitat, buffering, and landscape screening around mining areas. The Specific Plan B\9053I39N\P1-RPI' jcd ADril I. 1993 20 ICES 93-140 Design Guidelines also provide for aesthetic control through various use restrictions in the Planning Areas. Landform alteration due to mining is a potentially significant impact but is mitigated through the implementation of the Specific Plan and the Conditional Use Permit/Reclamation Plan, the later of which requires backtilling (with inert material) the mining pits to a subgrade level, phased reclamation and revegetation, buffering around the mining areas with landscaped berming and ultimate industrial development. The mitigation measure requiring all on-site lighting to be directed in a downward orientation to provide direct lighting in the immediate area will reduce potential light and glaze effects upon surrounding. land uses to a level of non-significance. The mitigation measures proposed to reduce potential visual impacts have been demonstrated in other similar projects to be effective. They will be complied with as stated in the MM/RP and will assure that potential aesthetic impacts will be mitigated to a level of non- significance. Therefore, the Council finds that the mitigation will mitigate visual resources impacts to a level of non-significance. 2.9 HAZARDOUS MATERIALS 2.9.1 Potential Significant Impacts The Cajon Creek Project may potentially result in impacts related to storage and handling of hazardous materials used for mining, processing and at industrial developments, including: on-site handling of fuels, greases, lubrication oils, asphalt, waste oils, solvents and concrete additives and on-site fuel, waste oil and liquid asphalt storage tanks. 2.9.2 Endings Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the potential significant impacts related to storage and use of hazardous materials identified in the EIR. Furthermore, compliance with Municipal Code requirements, the California Health and Safety Code, the California Code of Regulations, B19Q53139MP1•RP'r jcd Apnl 1, 1993 7 RES 93-140 and EPA regulations will mitigate this impact. The EIR also identities impacts that are not significant and without the need for mitigation, but mitigation measures have been adopted in the MM/RP in order to further minimize these non-significant impacts. With implementation of the mitigation measures and applicable plans (i.e., the MM/RP, the Specific Plan, and Conditional Use Permit/Reclamation Plan), there will be no significant unavoidable adverse impacts relating to the use and storage of hazardous materials. The mitigation measures summarized in the EIR Executive Summary "ES", pages ES-38 through ES-40 (Attachment C) and Section 4.10 of the MM/RP (Attachment D) serve to mitigate these impacts to a level of non-signiticance. 2.9.3 Facts in Support of Endings The above identified potential significant impacts resulting from the use and storage of hazardous materials have been eliminated or substantially lessened to a level of less than significant by virtue of the mitigation measures identified in the EIR and its components, and restated in the MM/RP, including the federal, state, and local regulations identified therein. Ultimate enforcement of some of the mitigation measures relating to the use, handling and storage of hazardous materials is within the responsibility of the County Hazardous Materials Management Division (HMMD), Environmental Protection Agency (EPA), South Coast Air Quality Management District (SCAQMD) and the Regional Water Quality Control Board (RWQCB). The mitigation measures relating to the use, handling and storage of hazardous materials within the responsibility of HMMD, EPA, SCAQMD and RWQCB, as well as those within the control of the City, have been imposed as Conditions of Approval by the City in accordance with Public Resources Code Section 21081.6. Hazardous materials regulations for use, handling and storage are well-established and have proven effective in similar contexts. These regulations will be complied with as stated in the MM/RP in implementing the mitigation measures and will assure that hazardous materials impacts will be mitigated to a level of non-significance. Therefore, the Council finds that these impacts will be mitigated to a level of non-signiticance. B\9853139MP]•RPL jcd April 1. 1993 22 gES .93-140 2.10 PUBLIC SERVICES AND UTILITIES 2.10.1 Potential Significant Impacts The Cajon Creek Project may potentially result in the following significant impacts relative to public service and utilities: increased water demand on the San Bernardino Municipal Water District of approximately 1.35 MGD, wastewater generation of approximately 980,800 gallons per day and potential relocation of the 8" CalNev Petroleum Pipeline. 2.10.2 Findings Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the potential signiticant impacts related to public services and utilities identified in the EIR. Furthermore, the EIR iden[ities impacts tha[ are not significant and without the need for mitigation, but mitigation measures have been adopted in the MM/RP in order to further minimize these non-signiticant impacts. With implementation of the mitigation measures and applicable plans (i.e., the MM/RP, the Specific Plan and Conditional Use Perlnit/Reclalnation Plan), there will be no significant unavoidable adverse impacts on public services and utilities. The mitigation measures summarized in the EIR Executive Summary "ES", pages ES-41 through ES-47 (Attachment C) and Section 4.11 of the MM/RP (Attachment D) serve to mitigate these impacts to a level of non-signiticance. 2.10.3 Facts in Support of Findings The above identified potential signiticant impacts to public services and utilities have been eliminated or substantially lessened to a level of non-signiticance by virtue of the mitigation measures identified in the EIR and its components, and restated in the MM/RP. Such measures are within the responsibility of the City and have been adopted by the City in the MM/RP. The mitigation measures will also be imposed as Conditions of Approval in accordance with Public Resources Code Section 21081.10 B\9053139MPr-RPI'jcd April I, 199] 23 RE5.93-140 The gradual implementa[ion of the Specific Plan over a period of approximately twenty-five years will assure that the increase in water demand and waste-water generation is phased over the buildout period of the project. Furthermore, a COnlnll[nlen[ from the San Bernardino Municipal Water District to supply water for the site from available sources is required as part of project approval. The design of off-site water system enhancements necessary to provide services to the project will be funded by the project developer; the developer will also be responsible for construction of the on-site water distribution system, and a proportionate share of the offsite water distribution facilities required to serve the project. Conservation measures will be implemented through the use of drought-tolerant plants for landscaping, and the reuse of aggregate processing water. In addition, the mitigation measure requiring protection of the Ca1Nev pipeline (if it is necessary to relocate the pipeline) in accordance with CalNev policies will assure the safety and integrity of the pipeline. Any excavation will be set back 100 feet from the pipeline to assure that the pipeline is not in proximity to mining areas of the project site. These mitigation measures will be complied with as stated in the MM/RP and will assure that impacts to public services will be mitigated to a level of non-significance. Therefore, the Council finds that these impacts will be mitigated to a level of non-significance. B\9Q53139MP1-RPr jcd April I. 1993 74 1tES 93-140 3.0 UNAVO[DABLE L`IPACTS WHICH CANNOT BE REDUCED 1'O BELOW A LEVEL OF SIGNIFICANCE The Common Council finds that despite the incorporation of extensive mitigation measures directly into the Specific Plan and Conditional Use Perlnit/Reclamation Plan and those identified in the EIR, there are several impacts that are significant and cannot be mitigated to a level of non-significance. These significant non-mitigated impacts are in two categories: air quality and land use. In addition, although surveys conducted to date have not found slender-horned spineflower species on-site, there may also be significant impacts on biological resources if the slender-horned spineflower is found to inhabit the site. These impacts and the measures to minimize them to the degree feasible are discussed below. 3.1 BIOLOGICAL RESOURCES 3.1.1 Significant Impacts Implementation of the proposed mitigation measures will reduce impacts to biological resources to below a level of significance. However, if the slender-horned spineflower is found to inhabit the site, a significant impact may occur. 3.1.2 Findings Changes or alterations have been required in, or incorporated into, the project to minimize impacts to slender-homed spineflower habitat as identified in the EIR and its components. In fact, based on the studies incorporated in the EIR to date, these impacts have been mitigated to a level of non-significance. Based on the analysis presented in the EIR, there is a low potential for the California gnatcatcher and Los Angeles pocket mouse to be present onsite. Follow-up studies of the project site are required in order to monitor and confirm this determination. If it is found later that individual slender-horned spineflower species occur on the site, the applicant will be required to obtain California Department of Fish and Game (CDFG) and United States Fish and Wildlife Service (USFWS) authorization for a take of the species pursuant to Fish and Game Code Section ?081; and Section 10(a) of the B\9053139MPf-RPI' jcJ April 1. 1993 25 RES 93-140 Endangered Species Act, respectively, and will be required by CDFG and USFWS to mitigate that "take" in accordance with the requirement of those statutes. 3.1.3 Facts in Suppor[ of Findings The proposed project contains measures to minimize impacts to slender-horned spineflower habitat. These measures are identified in the EIR and its components, and restated in the MM/RP. The mitigation measures establish conservation measures to minimize impacts to potential slender-homed spineflower habitat. Such measures have been adopted as Conditions of Approval by the City in accordance with Public Resources Code Section 21081.6. The mitigation measures reduce potential impacts to slender-horned spineflower habitat to the maximum degree feasible, but not to a level of non-significance if the spineflower is later found on the site. The Council finds that the measures identified to minimize potential loss of habitat for this plant species will lessen the adverse impacts, however, it is not possible to provide for buildout of the proposed industrial development and utilization of mineral resources without the potential temporary disruption of the habitat should it occur onsite. The Council finds that no additional measures are known that can further reduce potential significant impacts to the slender-homed spineflower if it occurs onsite, without significantly and substantially interfering with General Plan objectives for future development. These objectives and the manner in which the project furthers them are set forth fully in Section III of the Specific Plan. 3.2 AIIt QUALITY 3.2.1 Significant Impacts Implementation of the proposed mitigation measures will reduce the stationary and mobile emissions sources. Nonetheless, significant impacts to air quality relative to dust (particulate matter [PM10]) may occur during Santa Ana wind conditions. Additionally, even after the implementation of trip reduction strategies (i.e. a transportation management plan) the large number of project vehicle trips, in conjunction with other cumulative projects, would B19053139MP1•RPr jcd April 1. 1993 26 KG, 7~'aYv contribute to regional air quality degradation. Consequently, the project will have significant cumulative impacts on air quality. 3.2.2 Findings With implementation of the mitigation measures and applicable plans (i.e., the MM/RP, the Specific Plan, Conditional Use Permit/Reclamation Plan and Revegetation Plan), this impact will be substantially reduced, but not to a level of non-significance. Specific economic, social, or other considerations make infeasible additional mitigation measures (other than those proposed in Section 2.2 above) to reduce projected air quality impacts to a level of non-significance. 3.2.3 Facts in Support of Findings The proposed project contains measures to minimize combustion emissions and dust to reduce the impact on ambient air quality standards, both state and federal. These measures are identified in the Final EIR and its components, and restated in the MM/RP. The mitigation measures establish mechanisms to minimize both vehicle travel, and air-borne dust (PM10) potential during Santa Ana wind conditions. Reduction of vehicle trips will be accomplished by providing for participation in a transportation management program to reduce emissions and improve air quality. Reduction of PM10 will be accomplished through implementation of the high wind response plan during Santa Ana wind conditions. Ultimate enforcement of the mitigation measures requires compliance with SCAQMD regulations which are within the responsibility of the SCAQMD and not the City. The mitigation measures have been imposed as Conditions of Approval by the City in accordance with Public Resources Code Section 21081.6. The mitigation measures reduce PM10 impacts and vehicle emissions to the maximum degree feasible, but not to a level of non-significance. The Council finds that the measures identified to minimize combustion emissions and dust during Santa Ana wind conditions lessen the adverse impacts to air quality, however, it is not possible to provide for buildout of the proposed industrial development and utilization of mineral resources without incurring air pollutant emissions that will contribute to non- attainment of the ambient air quality health standards. The occurrence of Santa Ana wind 819053I39MP1•RPT jcd April I. 1993 27 RES 93-140 conditions makes mitigation of dust potential and related air quality impacts to a level of non- significance infeasible. Additionally, existing technology makes mitigation of mobile source emissions and related air quality impacts to a level of non-significance infeasible. The Council finds that no additional measures are known that can further reduce air quality impacts for the project without significantly and substantially interfering with General Plan objectives for future development. These objectives and the manner in which the project furthers them are set forth fully in Section III of the Specific Plan. This consideration makes infeasible the development of new technology as a condition of this project. 3.3 LAND USE 3.3.1 Significant Impacts The proposed project will result in the conversion of approximately 124 acres of State designated regionally-significant mineral resource land to other incompatible uses, i.e. for development of light and heavy industrial uses and open space. This represents a significant unavoidable land use impact. 3.3.2 Findings Changes or alterations have been required in, or incorporated into, the project which lessen the above-referenced significant environmental effect, as identified in the EIR and its components. However, these changes or alterations cannot reduce this land use impact to a level of non-significance. Specific economic, social or other considerations make infeasible additional mitigation measures (other than those proposed in Section 2.6 above) to reduce the land use impact associated with loss of regionally-significant mineral resource land to other incompatible uses. 3.3.3 Facts in Support of Findings With the exception of the loss of use of regionally-significant mineral resource land, the project's potential land use impacts have been eliminated or substantially lessened to a level B19053139MP1-RPT jcd April 1. 1993 ~ 8 1tE5 93-140 of non-significance by virtue of the mitigation measures identified in the EIR and restated in the MM/RP. The Council finds that no additional measures are known that can further reduce this impact without significantly and substantially interfering with General Plan objectives for future development. The Surface Mining and Reclamation Act (SMARA) requires that the City adopt specific findings justifying the anticipated impairment of mineral resource recovery. Those findings are set forth in Appendix L of the Specific Plan. The Council finds that the loss of significant mineral resource land is an unavoidable adverse impact of adopting the proposed project since the potential in Planning Areas A, B and J is severely constricted by the configuration of those areas, and the complete use of Planning Area O for mining would result in other significant impacts. The advantages to be gained by using those areas of the site for industrial purposes and open space, respectively, outweigh the impairment of mineral extraction. This consideration makes infeasible further avoidance of these mineral resources. B\9053139MP1-RPT jed April t, 1993 2.9 RES 93-140 4.0 SUNIMARY STATEMENT OF OVERRIDING CONSIDERATIONS In order to make a decision whether to approve a project that will have an adverse environmental impact, the benefits of the proposed project must be balanced against the unavoidable, significant adverse environmental impacts. "If the benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse effects may be considered 'acceptable"' (State CEQA Guidelines, Section 15093 (a)). Benefits from a project aze defined as those improvements or gains to the community that would not occur without the proposed project. 4.1 PROJECT BENEFTTS Although potential significant adverse impacts identified by the EIR, and the foregoing Section 3.0, will not be fully mitigated [(1) potential impacts on sensitive species i.e., slender-homed spineflower, if found during proposed studies) not discovered during surveys to date, (2) individual and cumulative air quality impacts from the generation of dust during Santa Ana wind conditions, and combustion emissions, (3) conversion of 124 acres of mineral lands as designated by the State as regionally significant to other incompatible land uses, the project (the Ca1Mat Cajon Creek Specific Plan, Conditional Use Permit/ Reclamation Plan, Tentative Parcel Maps, General Plan Amendment, Development Code Amendment and Annexation)] will provide the following overriding social and economic benefits to the City of San Bemazdino and the region. 4.1.1 Balance of Land Uses The long-term development plan of Specific Plan 90-O1 provides for a balance of industrial, resource extraction, and open space uses due to the following: (a) The project design reduced incompatibilities between areas designated as mineral resource extraction by utilizing industrial development, earthen berms, landscape screen vegetation and open space as buffering; and, (b) The well-integrated Specific Plan Planning Area Regulations, architectural and site design guidelines, and Development Code requirements will result in a harmonious B\9057I39N\PJ-RP7 jed APril 1, 1997 30 1(ES 93-140 physical and visual environment. Such a comprehensive development plan will be more conducive to compatible development than piecemeal development plans. 4.1.2 Employment OppoJ4unities The proposed project will help achieve the General Plan objectives of providing employment opportunities for existing and future residents of the City as a result of the following: (a) The project provides for an estimated 5,189,300 square feet of light and heavy industrial development which will create a projected 6,400 new on-site jobs over the estimated 25-year industrial build-out; (b) Provisions for sand and gravel extraction and related construction materials users will create a projected 800 new jobs; and, (c) project industrial development will generate up to 4,600 new off-site local jobs. 4.1.3 Generation of Local Economic OppoJ4unitiJs The employment opportunities support the City's objective to establish industrial and manufacturing jobs to stimulate local economic opportunities. This is demonstrated by the following: (a) Currently the local economy has a high supply of service-providing jobs (82.5%) and low supply of goods-producing jobs (17.~%). The projected 6,400 industrial and 800 mining-related jobs will require skilled and semi-skilled tabor; (b) At build-out, annual wages will total a projected $83 million (based on 1990 dollars); (c) Jobs, using skilled and semi-skilled labor, support the creation of new local jobs in the community; and, (d) The development of new industrial/manufacturing jobs and the provision of local jobs will help to improve the local economy by increasing household and business spending in the community. Increased local spending will in turn support other local jobs and business spending. This economic multiplier effect stimulates economic activity and thereby provides needed opportunities for the local community. 4.1.4 Development of Skilled Workfo-•ce The employment opportunities will help meet the City's objective to develop a skilled workforce. This is supported by the tact that: (a) The project will cooperate with local job training agencies such as the Employee Linkage Program to provide trained labor for new firms developing at the project site; (b) Individuals selected for training can be limited to B\9B57139MPJ•RPI' Kd April 1, 1993 3 RES 93-140 those from the local community. As the project develops over many years, there is time for people to prepare, through education and training, and theretiore be qualified to submit employment applications when companies locate here; and, (c) Programs can be developed through the community college, adult education and regional occupational program to prepare young people to qualify for local jobs. 4.1.5 Improvement in the Region's Job/Housing Balance Development of the project will create local jobs that can improve the region's job/housing balance, for example: (a) More local jobs can reduce the amount of commuting local residents must make to reach jobs located in Los Angeles, Orange and Riverside Counties; and, (b) More local jobs will help meet the region's goal to reduce congestion and meet objectives of SANBAG Congestion Management Plan and facilitate reaching air quality standards by 2010. 4.1.6 Increased Revenues The project will provide revenues to the City of San Bernardino because: (a) Sales Tax revenues from sand and gravel extraction operations alone are projected to be $154,000 annually at build-out (1990 dollars); and other project industries will bring in significant sales tax revenues; (b) If the entire project is annexed into the Redevelopment Project Area (RDA), the City will receive $2.82 in revenues for every $1.00 of service cost (1990 dollars); and, (C) RDA revenues are projected at $2,594,b55 annually at build-out (1990 dollars). 4.1.7 Utilizes Geographic Location Development of the project will capitalize on [he geographic location of San Bemardino as an inland port, that is: (a) The location of the project just south of the junction of I-IS and I-215 make it a prime location to service trucking arteries to Los Angeles, San Diego, Orange County, the midwest and eastern U.S., the California Pacific Rim Ports, Mexico and Canada; and, (b) Three major rail lines provide on-site opportunities to locate industrial development that will utilize rail availability. s~9osa~sen~ri•errnanpdi i. roes 37 RES 93-140 4,1.8 Public Improvements Development of the project will provide public improvements to the area that are not there now, including: (a) Street improvements on the project site, include the ultimate widening of Cajon Boulevard on the project side of the centerline adjacent to each Planning Area. A six-foot sidewalk will be built curb side. The intersection of Cajon Boulevard, Palm Avenue and Institution Road will be realigned. Palm Avenue and Institution Road will be widened as they approach the intersection. A traffic signal will be placed at this intersection. Institution Road will be reconstructed and widened. A six foot sidewalk will be built curbside. Project internal streets will be built to either 40 or 50 feet curb to curb; (b) There is the potential for railroad spurs to be constructed in areas to be served by rail lines; (c) Water mains will be constructed along the interior streets to distribute water to the tots. In areas where no water lines are fronting the property, water mains will be extended from the nearest source. Anew 8" water main will be extended down Institution Road; and, (d) Sewer main will be extended from the Cable Creek Drainage Channel northerly up Cajon Boulevard. Sewer lines will be extended to serve interior lots. An 8" sewer main will be extended down Institution Road; and, (e) Underground storm drains will be installed that provide capacity to carry the required 25-year frequency storm. 4.1.9 Aggregate Resources for Economic Revitalization The proposed project provides sand and gravel needed for construction materials to build and maintain roads, schools, industries, offices, hotels, parks, homes, etc., necessary to support the City's goal of economic revitalization as well as the future growth projections for San Bernardino. This is supported by the fact that: (a) A major portion of the site is designated as aregionally-significant aggregate resource site by the State. It is currently identified as Industrial Extractive in the City of San Bernardino General Plan; and, (b) Mining on this site insures a continued long-term supply of low cost construction-quality sand and gravel to supply the region's 9.5 million ton annual need. B\9033139MP1-RPr jed gpril I, 1993 33 1tES 93-140 4.1.10 Habitat Conservation and Economic Growth The project provides for reclamation of mined areas to provide reuse of the land as open space or industrial sites in keeping with the City's objective for habitat conservation and economic growth. The ultimate uses at build out will be approximately 53 percent open space and 47 percent industrial uses. 4.1.11 Protection of Unique Environmental Resou-•ces The project is designed to conserve and protect the visual character and unique environmental resources of the Cajon Creek wash (tloodplain area), that is: (a) 488 acres will be designated as -open space within the active portions of Cajon Wash. This open space contains sensitive Riversidian alluvial fan sage scrub habitat and which supports plant and animal species; (b) 257 additional acres will be returned to open space and revegetated as mining occurs during in-stream extraction; (c) The proposed in-stream mining will not alter Cajon Creek's natural stream pattern. Habitat will be restored and the area will be zoned as open space; (d) 745 acres representing over halt of the overall Specific Plan area will be retained as natural open space and provide a protected plant and wildlife habitat for future generations to enjoy; and, (e) A hiking and equestrian trail will provide public access through this open space conservation area. 4.1.12 Open Space Conservation The industrial development and open space conservation on this site will help prevent dumping, further habitat degeneration, and environmental abuse. There is currently no open space designated by zoning in the project area to conserve and protect the native habitat along Cajon Creek. B\9053139MPJ-RPI' jcd April 1. 1993 34 RES 93-140 6.0 ALTERNATIVES EVALUATION CEQA Guidelines, Section 15126(d) requires that EIRs describe a "range of reasonable alternatives to the project, or to the location of the project, which could feasibly attain the basic objectives to the Project, and evaluate the comparative merits of the alternatives." The Cajon Creek EIR presents a comparative evaluation of four project alternatives. These are: • No project • Maximum extraction • Exclusive industrial development • Reduced-scale extraction Section 6.1 through 6.4 provide findings and facts in support thereof for the above considered alternatives: Two additional alternatives were considered but were rejected. The first alternative considered other sites; however, this alternative was rejected because: (a) there are no other sites which meet the project objective of providing a balanced utilization of the unique transportation, location, mineral resources and ecological characteristics of the project site; (b) other possible sites have been ruled out through the General Plan process review because the proposed location is the area of the City for which existing General Plan land use designations come closest to approximating proposed project uses; and (c) environmental impacts would be displaced and -- due to general plan inconsistencies -- would be greater at other sites, rather than being avoided or reduced by moving the individual project components to alternative sites. The second alternative that was considered but rejected involved the siting of the mineral processing facilities within other Planning Areas of the project site. This alternative was rejected because overall project environmental effects would not be reduced or avoided; however, relocating the facilities could potentially result in the non-recovery of significant mineral resources. B\90.53139MP3•RPI'jed April 1, 1993 35 RES 93-140 5.1 THE NO PROJECT ALTERNATIVE The "no project" alternative is a default alternative required to be included in the analysis by CEQA Guidelines Section 15126(d)(2). Adoption of the "no project" alternative may result in no future industrial extractive, no industrial light and heavy development, no open space uses, and no rail oriented uses within the project site, as this area is currently zoned for industrial extractive and industrial uses. Although implementation of this alternative would eliminate the project's environmental effects, the "no project" alternative would not achieve the project objectives to fulfill the land use designations proposed in the existing General Plan and the proposed Specific Plan. This alternative would also not be consistent with the General Plan Land Use Element goals and objectives, as it would not encourage a cohesive pattern of development that is presented in [he proposed Specific Plan Planning Areas. It also would not allow for the use of the regionally-significant aggregate. Implementation of this alternative would also not assist in attaining the goals of the Air Quality Management Plan (AQMP) which encourages placement of employment generating land uses in housing rich areas such as the City of San Bernardino. This alternative represents ashort-term avoidance of the identified environmental effects of the project, but would not provide any of the project benefits identified in Section 4.0, with the exception of benefit no. 4.1.10 (Habitat Conservation and Economic Growth). Furthermore, it is likely that the site would be developed piecemeal in the future under the General Plan. Consequently, although the "no project" alternative avoids environmental impacts in the short-term, the long-range development opportunities would likely result in the implementation of industrial land uses and mineral resource extraction and the attendant environmental impacts without providing project benetits. B\9M3139MP1-RPC jcd April 1. 1993 36 xn~ ys-l vu 5.2 THE MAXIMUM EXTRACTION ALTERNATIVE Under this alternative, all of the land within the project site that is zoned for industrial extractive use would be mined. Ali of the project area is designated as a significant mineral resource zone and is zoned for industrial-extractive uses in the San Bernardino General Plan. The General Plan has incorporated policies for the management of these resources, specifically the encouragement of compatible buffer-zones, and low-density interim uses. Project objectives for conservation and protection of open space in the Cajon Creek floodplain would not occur under this alternative. Land use compatibility impacts would occur. For example, the open-space conservation element of the Specific Plan and biological mitigations would not be achieved; and visual impacts of the mining activities would not be mitigated by industrial development buffer zones. This alternative would not provide project benefits identified in Section 4.0, including: benefit nos. 4.1.1 (balance of land uses), 4.1.2 and 4.1.3 (job opportunities associated with industrial uses), 4.1.4 (development of workforce for industrial positions), 4.1.5 (industrial job balance), 4.1.6 (revenue associated with industrial uses), 4.1.7 (use of geographic location for industrial use), 4.1.8 (impairment of owner's ability to fund public improvements}, and 4.1.9 (aggregate resources for revitalization from industrial uses). 5.3 EXCLUSIVE INDUSTRIAL DEVELOPMENT Under this alternative no mineral extraction would occur and the entire site would be developed for industrial uses and rail-access oriented businesses. The areas would be subdivided and tentative maps would be prepared. This alternative would eliminate any potential for mining of the site's aggregate resources, and would require the importation of aggregate from other areas to meet the region's future needs. Compared with the proposed project, this alternative would not be consistent with the State significant mineral resource designation or the objectives and policies of the City of San Bernardino General Plan. It also would not provide project benefits identified in Section 4.0, including: benefit numbers 4.1.1 (balance of land uses), 4.1.9 (aggregate resources for B\9053139MP1-RPI' jcd April 1. 1993 37 .I~ ~ ATTACHMENT l; EXHIBIT "C" EXHIBIT C ISSQE FIFTEENS WHAT SHOQLD BE THE FQNCTIONAL ROLE, QSES PERMITTED. AND PHYSICAL FORM AND CHARACTER OF INDQSTRIAL AND OPEN SPACE DEVELOPMENT IN THE CALMAT CAJON CREEK SPECIFIC PLAN AREA? Goal It shall be the goal of the City of San Bernardino to: 1X Provide employment opportunities within the Ca1Mat Cajon Creek Specific Plan area for existing and future residents of the City and those of adjacent communities. Objective It shall be the objective of the City of San Bernardino to: 1.58 Provide for new development of industrial and open space uses within the Ca1Mat Cajon Creek Specific Plan area to achieve 6000 employment opportunities by the year 2017. Goal It shall be the goal of the City of San Bernardino to: lY Establish new industrial and open space districts for industrial light, industrial heavy, industrial extractive, and open space uses with mining-related interim uses in the Ca1Mat Cajon Creek Specific Plan area which meet the needs of regional and local populations. Objective It shall be the objective of the City of San Bernardino to: 1.59 Provide for the development of industrial light, industrial heavy, industrial extractive and open space uses with mining-related interim uses within the Ca1Mat Cajon Creek Specific Plan area. Policies It shall be the policy of the City of San Bernardino to: 1.59.10 Permit light industrial uses as specified in the Ca1Mat Cajon Creek Specific Plan which serve as buffer and ultimate development in areas designated SPIL, Specific Plan - Industrial Light (I1.1). 1.59.11 Permit heavy industrial uses as specified in the Ca1Mat Cajon Creek Specific Plan which serve as buffer and ultimate development in areas designated SPIH, Specific Plan - Industrial Heavy (I1.1). RES 93-140 1.59.12 Permit extractive industrial uses as specified in the Ca1Mat Cajon Creek Specific Plan in accordance with the Surface Mining And Reclamation Act (SMARA) of 1975 and to meet regional demands for aggregate, sand and gravel in areas designated SPIE, Specific Plan - Industrial Extractive (I1.1). 1.59.13 Permit open space uses as specified in the Ca1Mat Cajon Creek Specific Plan to ensure the conservation and enhancement of natural resources and to provide enjoyment of such resources in areas designated SPOS, Specific Plan - Open Space (I1.1). RES 93- ATTACHMENT 1, EXHIBIT "D" 1 II ~~~ r1~~l~ili ~ ;~ it?9 i~~~~~ 1 ,~'~~~a ,~ ~tFS ~.' W:~aaaa ~~' _ -'~ /( .y,_i (, . / ~~ / ~ /G. ~ . ~. A.' ~ ~w ~ , i g,. ~ QF-1 . 41 ~ ~• :-~wK~ . , ' ', , ~9 I =a 1 I ~H~..< ,~ , ;~ ~ ;~ s~., . M ~~ :.~'. ~-ti. i 11F ~ 1 ~ia; . ql ~~'' ~: ": w~; ~, <~; O Jr- Q W ~ ''" • ~'' ~ 1-1 ;~ ; ~ L `: ~, ~ I W''- r ~ . ~~\~~ ~v ~, ' !;£. •~ ft ... RES 93-140 ATT_ACHM$NT 1, EXHIBIT "E" PARCEL 1 (ASSESSOR'S PCL. IE TO SP BOOK 262-011-38 BOOK 348-151-01,02 NORTHEAST OF ATCHISON, TOPEKA AND SANTA FE RAILROAD RIGHT OF WAY) ALL THAT PORTION OF LOT 37, RANCHO MUSCUPIABE, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 7, PAGE 23 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AS SHOWN ON RECORD OF SURVEY IN BOOK 43 PAGE 18 OF OFFICIAL RECORDS OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF PARCEL 2 OF PARCEL MAP NO. 457 FILED IN BOOK 4 OF PARCEL MAPS, PAGE 93 DECEMBER 10, 1970 IN THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL MAP N0. 457 AND BLOCK 33 MAP OF DEVORE MAP BOOK 17, PAGES 79 AND 80 NORTH 15°42'25" EAST A DISTANCE OF 1218.39 FEET TO THE TRIIE POINT OF BEGINNING; THENCE CONTINUING ALONG THE EXTENSION OF SAID EASTERLY LINE NORTH 15°42'25" EAST A DISTANCE OF 924.50 FEET TO A POINT OF INTERSECTION WITH THE SOUTHWESTERLY LINE OF CAJON BOULEVARD, KNOWN AS U.S. HIGHWAY 66, 90 FEET WIDE, THENCE ALONG SAID SOUTHWESTERLY LINE SOUTH 47°07'38" EAST A DISTANCE OF 5491.02 FEET TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF LOT "P" IN BLOCK 12, OF A RESUBDIVISION OF MEYER AND BARCLAY, SUBDIVISION, ACCORDING TO MAPS RECORDED IN BOOKS 7 AND 12, PAGES 23 AND 18, RESPECTIVELY OF MAPS, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY; THENCE ALONG THE WESTERLY LINE OF LAND CONVEYED TO MILTON M. PATE AND WIFE BY DEED RECORDED SEPTEMBER 12, 1947 IN BOOK 2131, PAGE 118 OF OFFICIAL RECORDS OF THE COUNTY RECORDER OF SAN RES 93-140 BERNARDINO COUNTY SOUTH 42°52'22" WEST 227.51 FEET; THENCE LEAVING SAID WESTERLY LINE NORTH 47°11'53" WEST, A DISTANCE OF 25.00 FEET; THENCE SOUTH 6°24'09" WEST, A DISTANCE OF 800.37 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY; THENCE NORTHWESTERLY ALONG SAID NORTHERLY RIGHT OF WAY LINE TO THE TRUE POINT OF BEGINNING. RES 93-140 PARCEL 2 (Assessor's Tax Pcls. IE to SP Book 262-011-42,43,44,45 Book 262-042-15, 17 Book 348-151-23 Northwest of Southern Pacific Railroad And San Bernardino County Flood Control District Right-of-Way) ALL THAT PORTION OF LOT 37, RANCHO MUSCUPIABE, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 7, PAGE 23 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AS SHOWN ON RECORD OF SURVEY IN BOOK 43 PAGE 18 OF OFFICIAL RECORDS OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF PARCEL 2 OF PARCEL MAP NO. 457 FILED IN BOOK 4 OF PARCEL MAPS, PAGE 93 DECEMBER 10, 1970 IN THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL MAP NO. 457 AND BLOCK 33 MAP OF DEVORE MAP BOOK 17, PAGES 79 AND 80 NORTH 15°42'25" EAST A DISTANCE OF 950.41 FEET TO A POINT OF INTERSECTION WITH THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF THE SOUTHERN PACIFIC RAILROAD; THENCE LEAVING SAID EASTERLY LINE SOUTH 49°26'53" EAST A DISTANCE OF 1,578.19 FEET TO THE BEGINNING OF A TANGENT 1834.91 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG CURVE THROUGH A CENTRAL ANGLE OF 22°20'12" AN ARC LENGTH OF 715.34 FEET TO A POINT OF TANGENCY; THENCE SOUTH 25°52'37" EAST A DISTANCE OF 871.79 FEET TO A POINT ON A NONTANGENT 300.00 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 78°25'29" WEST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 37°39'20" AN ARC LENGTH OF 197.37 FEET TO THE BEGINNING OF A NONTANGENT 2160.08 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 63°55'11" WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 35°16'10" EAST A DISTANCE OF 1594.14 FEET TO THE BEGINNING OF A TANGENT 2400.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8°54'49" AN ARC LENGTH OF 373.37 FEET TO A POINT HEREIN BEING DESIGNATED AS RES 93-140 POINT "A"; THENCE LEAVING SAID RIGHT-OF-WAY LINE SOUTH 2°30'34" WEST A DISTANCE OF 445.40 FEET; THENCE NORTH 89°20'47" EAST A DISTANCE OF 459.10 FEET TO A FOINT ON SAID RIGHT-OF-WAY LINE, SAID POINT BEING ON A 2400.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 52°27'13" EAST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 21°12'05" AN ARC LENGTH OF 888.09 FEET TO A POINT OF TANGENCY; THENCE SOUTH 16°20'22" EAST A DISTANCE OF 1164.68 FEET; THENCE NORTH 73°39'38" EAST A DISTANCE OF 133.89 FEET TO A POINT ON A 3,919.75 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 61°13'47" WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 24°03'56" AN ARC LENGTH OF 1646.39 FEET TO A POINT OF NON TANGENCY; THENCE SOUTH 53°08'43" EAST A DISTANCE OF 70.91 FEET; THENCE SOUTH 53°27'33" EAST 605.90 FEET MORE OR LESS TO A POINT ON THE SOUTHEASTERLY LINE OF PROPERTY CONVEYED TO ALVA H. WILSON PER DEED RECORDED DECEMBER 26, 1950; DEED NO. 2692, PAGE 569 IN THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY, SAID POINT HEREIN BEING DESIGNATED AS POINT "B"; THENCE ALONG SAID SOUTHEASTERLY LINE SOUTH 38°37'51" WEST A DISTANCE OF 3164.64 FEET MORE OR LESS TO A POINT OF INTERSECTION WITH THE EASTERLY GLEN HELEN RANCH LINE; THENCE ALONG SAID EASTERLY GLEN HELEN RANCH LINE NORTH 22°26'33" WEST A DISTANCE OF 7,159.52 FEET; THENCE CONTINUING ALONG THE EASTERLY GLEN HELEN RANCH LINE NORTH 42°42'16" WEST A DISTANCE OF 4,680 FEET MORE OR LESS TO THE POINT OF COMMENCEMENT. RES 93-140 PARCEL 3 (Assessor's Tax Pcls. IE to SP Book 262-011-39, 40 and 41) ALL THAT PORTION OF LOT 37, RANCHO MUSCUPIABE, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 7, PAGE 23 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AS SHOWN ON RECORD OF SURVEY IN BOOK 43 PAGE 18 OF OFFICIAL RECORDS OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY DESCRIBED AS FOLLOWS: COMMENCING AT THE AFOREMENTIONED POINT "A" (SEE PARCEL 2); THENCE NORTH 2°30'34" WEST 281.85 FEET TO A POINT ON THE NORTHEASTERLY LINE OF THE SOUTHERN PACIFIC RAILROAD RIGHT-OF-WAY, SAID POINT BEING THE TRUE POINT OF BEGINNING, SAID POINT ALSO BEING ON A 2646.52 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 34°00'09" EAST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5°30'52" AN ARC LENGTH OF 254.72 FEET TO A POINT OF TANGENCY; THENCE NORTH 61°30'43" EAST A DISTANCE OF 1234.54 FEET TO A POINT ON A 1960.08 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 18°16'37" WEST, SAID POINT ALSO BEING ON THE SOUTHERLY RIGHT-OF-WAY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD; THENCE EASTERLY ON SAID RIGHT-OF-WAY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 7°59'26" AN ARC LENGTH OF 273.36 FEET TO A POINT OF TANGENCY; THENCE SOUTH 79°42'49" EAST A DISTANCE OF 300.49 FEET TO THE BEGINNING OF A TANGENT 5,679.68 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 7°55'07" AN ARC LENGTH OF 784.96 FEET; THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY LINE SOUTH 2°30'34" WEST A DISTANCE OF 407.26 FEET TO THE TRIIE POINT OF BEGINNING. RES 93-140 PARCEL 4 (ASSESSOR'S TAX PCLS. IL TO SP BOOK 262-042-3,14,16) ALL THAT PORTION OF LOT 37, RANCHO MUSCUPIABE, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 7, PAGE 23 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AS SHOWN ON RECORD OF SURVEY IN BOOK 43 PAGE 18 OF OFFICIAL RECORDS OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY DESCRIBED AS FOLLOWS: COMMENCING AT THE AFOREMENTIONED POINT "B" (SEE PARCEL 2); THENCE ALONG THE SOUTHEASTERLY LINE OF PROPERTY CONVEYED TO ALVA H. WILSON PER DEED RECORDED DECEMBER 26, 1950; DEED NO. 2692 PAGE 569 IN THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY, NORTH 38°37'51" EAST A DISTANCE OF 150.27 FEET TO A POINT ON THE NORTHEASTERLY LINE OF THE SOUTHERN PACIFIC RAILROAD RIGHT-OF-WAY, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE SOUTHEASTERLY LINE OF PROPERTY CONVEYED TO ALVA H. WILSON NORTH 38°37'51" EAST A DISTANCE OF 1059.07 FEET; THENCE NORTH 38°36'39" EAST A DISTANCE OF 300.09 FEET MORE OR LESS TO A POINT ON THE SOUTHWESTERLY LINE OF CAJON BOULEVARD; THENCE ALONG THE SOUTHWESTERLY LINE OF CAJON BOULEVARD NORTH 51°21'58" WEST A DISTANCE OF 2185.55 FEET; THENCE NORTH 51°23'36" WEST A DISTANCE OF 657.25 FEET; THENCE NORTH 52°40'38" WEST A DISTANCE OF 349.87 FEET; THENCE NORTH 44°27'05" WEST A DISTANCE OF 419.97 FEET; THENCE LEAVING SAID SOUTHWESTERLY LINE SOUTH 89°20'47" WEST A DISTANCE OF 287.73 FEET MORE OR LESS TO A POINT ON THE NORTHEASTERLY LINE OF THE SOUTHERN PACIFIC RAILROAD RIGHT-OF-WAY, SAID POINT BEING ON A 2646.52 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 57°43'24" EAST; THENCE SOUTHEASTERLY ON SAID RIGHT-OF-WAY LINE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15 ° 55' S5" AN ARC LENGTH OF 735.90 FEET TO A POINT OF TANGENCY; THENCE SOUTH 15°21'32" A DISTANCE OF 280.51 FEET TO THE BEGINNING OF A 3719.75 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12°26'16" AN ARC LENGTH OF 807.48 FEET; THENCE SOUTH 52°26'23" WEST A DISTANCE OF 39.81 FEET MORE OR LESS TO A POINT ON A 3769.75 FOOT RES 93-140 RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 60°42'36" WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 23°34'45" AN ARC LENGTH OF 1551.38 FEET TO A POINT OF TANGENCY; THENCE SOUTH 53°17'14" EAST A DISTANCE OF 69.53 FEET; THENCE SOUTH 53°27'33" EAST A DISTANCE OF 611.31 FEET TO THE TRIIE POINT OF BEGINNING. I RES 93-140 PARCEL 5 (ASSESSOR'S TAX PCLS PROPERTY TO BE LEASED BOOK 262-042-POR. 10,11) FROM COUNTY OF SAN BERNARDINO ALL THAT PROTION OF SECTION 11 TOWNSHIP 1 NORTH RANGE 5 WEST OF LOT 37 IN RANCHO MUSCUPIABE, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 7, PAGE 23 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY DESCRIBED AS FOLLOWS: COMMENCING AT THE AFOREMENTIONED POINT "B" (SEE PARCEL 2); THENCE SOUTHWESTERLY ALONG THE SOUTHEASTERLY LINE OF PROPERTY CONVEYED TO ALVA H. WILSON PER DEED RECORDED DECEMBER 26, 1950, DEED N0. 2692 PAGE 569 IN THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY, SOUTH 38°37'51" WEST A DISTANCE OF 3164.54 FEET TO A POINT OF INTERSECTION WITH THE EASTERLY GLEN HELEN RANCH LINE; THENCE ALONG THE GLEN HELEN RANCH LINE SOUTH 22°02'10" EAST A DISTANCE OF 2,387.88 FEET; THENCE LEAVING SAID EASTERLY GLEN HELEN RANCH LINE NORTH 51°06'19" EAST A DISTANCE OF 3,530 FEET; THENCE NORTH 57°24' WEST A DISTANCE OF 1680 FEET; THENCE NORTH 13°06' EAST A DISTANCE OF 1240 FEET MORE OR LESS TO THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF THE SOUTHERN PACIFIC RAILROAD; THENCE ALONG SAID RIGHT-OF-WAY LINE NORTH 53°27'33" WEST A DISTANCE OF 670 FEET MORE OR LESS TO THE POINT OF COMMENCEMENT. RES 93-140 PARCEL 6 (Assessor's Tax Pcls. IH TO SP Book 262-051-POR. 29 East of Southern Pacific Railroad Right-of-Way) ALL THAT PORTION OF LOT 37, RANCHO MUSCUPIABE, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 7, PAGE 23 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING A PORTION OF SECTIONS 11 AND 12, TOWNSHIP 1 NORTH, RANGE 5 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: AT THE POINT OF INTERSECTION OF THE SOUTHWESTERLY RIGHT OF WAY LINE OF CAJON BOULEVARD, KNOWN AS U.S. HIGHWAY 66, 90 FEET WIDE, WITH THE NORTHWESTERLY RIGHT OF WAY LINE OF INSTITUTION ROAD; THENCE SOUTHWESTERLY ALONG THE NORTHWESTERLY RIGHT-OF-WAY LINE OF SAID INSTITUTION ROAD TO A POINT OF INTERSECTION WITH THE NORTHEASTERLY LINE OF THAT PORTION OF SAID LOT 37 CONVEYED TO THE SOUTHERN PACIFIC RAILROAD, BY DEED RECORDED OCTOBER 13, 1965 IN BOOK 6490, PAGE 203 AND ALSO CONVEYED BY DEED RECORDED JULY 8, 1965 IN BOOK 6659, PAGE 336 ALL OF OFFICIAL RECORDS OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY; THENCE NORTHWESTERLY ALONG SAID NORTHEASTERLY LINE TO A POINT OF INTERSECTION WITH THE SOUTHEASTERLY LINE OF THAT CERTAIN PROPERTY CONVEYED TO THE COUNTY OF SAN BERNARDINO BY DEED RECORDED JULY 27, 1948 IN BOOK 2268, PAGE 138 OF OFFICIAL RECORDS OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY; THENCE NORTHEASTERLY ALONG SAID SOUTHEASTERLY LINE TO A POINT OF INTERSECTION WITH THE SOUTHWESTERLY RIGHT OF WAY LINE OF SAID CAJON BOULEVARD; THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY RIGHT OF WAY LINE OF CAJON BOULEVARD TO THE POINT OF COMMENCEMENT. RES 93-140 PARCEL 7 (Assessor's Tax Pcls. Book 262-051-27, Por. 29 IE TO SP East of Southern Pacific Railroad Right-of-Way) ALL THAT PORTION OF LOT 37, RANCHO MUSCUPIABE, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 7, PAGE 23 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN COUNTY, BEING A PORTION OF SECTIONS 11, 12 AND 13, TOWNSHIP 1 NORTH, RANGE 5 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, IS SAID SECTION LINES WERE EXTENDED ACROSS SAID LAND, DESCRIBED AS FOLLOWS: AT THE POINT OF INTERSECTION OF THE SOUTHWESTERLY RIGHT OF WAY LINE OF CAJON BOULEVARD, KNOWN AS U.S. HIGHWAY 66, 90 FEET WIDE, WITH THE NORTHERLY LINE OF THAT CERTAIN PARCEL CONVEYED TO FARM HOMES CORPORATION BY DEED RECORDED OCTOBER 13, 1934 IN BOOK 1011, PAGE 14, OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTHWESTERLY ALONG THE SOUTHWESTERLY RIGHT OF WAY LINE OF CAJON BOULEVARD A DISTANCE OF 250 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTHWESTERLY ALONG SAID SOUTHWESTERLY RIGHT-OF- WAY LINE OF CAJON BOULEVARD A DISTANCE OF 5511 FEET MORE OR LESS TO A POINT OF INTERSECTION WITH THE SOUTHEASTERLY LINE OF INSTITUTION ROAD; THENCE ALONG THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF SAID INSTITUTION ROAD TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF THAT PORTION OF SAID LOT 37 CONVEYED TO THE SOUTHERN PACIFIC COMPANY, BY DEED RECORDED OCTOBER 13, 1965 IN BOOK 6490, PAGE 203 AND ALSO CONVEYED BY DEED RECORDED JULY 8, 1965 IN BOOK 6659, PAGE 336 ALL OF OFFICIAL RECORDS OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY; THENCE ALONG SAID EASTERLY LINE IN A SOUTHERLY DIRECTION TO A POINT OF INTERSECTION WITH THE NORTHERLY LINE OF THE RES 93-140 AFOREMENTIONED PARCEL CONVEYED TO SAID FARM HOMES CORPORATION, OR THE PROLONGATION THEREOF; THENCE EASTERLY ALONG SAID NORTHERLY LINE OF SAID PARCEL CONVEYED TO FARM HOMES CORPORATION, TO A POINT OF INTERSECTION WITH A LINE DRAWN AT RIGHT ANGLES TO THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF CAJON BOULEVARD FROM THE ABOVE DESCRIBED TRIIE POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG SAID LAST MENTIONED LINE TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION LYING WITHIN A STRIP OF LAND 200 FEET WIDE DESCRIBED IN JUDGEMENT AND FINAL ORDER OF CONDEMNATION, RECORDED DECEMBER 21, 1972 IN BOOK 8086, PAGE 946, OF OFFICIAL RECORDS OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY. ALSO EXCEPTING THAT PORTION DESCRIBED AS PARCEL NOS. 1, 2 AND 3 IN THE DEED TO SAN GABRIEL VALLEY MUNICIPAL WATER DISTRICT, RECORDED FEBRUARY 7, 1973 IN BOOK 8116, PAGE 998, OF OFFICIAL RECORDS OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY. 93-140 PARCEL 8 (ASSESSOR'S TAX PCLS. IE TO SP BOOK 262-051-POR. 27, 30 BOOK 262-061-41, 42 BOOK 262-211-08) ALL THAT PORTION OF LOT 37, RANCHO MUSCUPIABE, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 7, PAGE 23 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING A PORTION OF SECTIONS 11, 12, 13 AND 14, TOWNSHIP 1 NORTH, RANGE 5 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE SOUTHWESTERLY RIGHT OF WAY LINE OF CAJON BOULEVARD, KNOWN AS U.S. HIGHWAY 66, 90 FEET WIDE, WITH THE SOUTHEASTERLY LINE OF THAT CERTAIN PROPERTY CONVEYED TO THE COUNTY OF SAN BERNARDINO BY DEED RECORDED JULY 27, 1948 IN BOOK 2268, PAGE 138 OF OFFICIAL RECORDS OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY; THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY LINE TO A POINT OF INTERSECTION WITH THE SOUTHWESTERLY OF THAT PORTION OF SAID LOT 37 CONVEYED TO THE SOUTHERN PACIFIC RAILROAD, BY DEED RECORDED OCTOBER 13, 1965 IN BOOK 6490, PAGE 203 AND ALSO CONVEYED BY DEED RECORDED JULY 8, 1965 IN BOOK 6659, PAGE 336, BOTH OF OFFICIAL RECORDS OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; SAID POINT BEING THE TRIIE POINT OF THENCE CONTINUING FROM SAID TRUE POINT SOUTHWESTERLY ALONG SAID SOUTHEASTERLY LINE TO A POINT OF INTERSECTION WITH THE EASTERLY GLEN HELEN RANCH LINE; THENCE SOUTHERLY ALONG SAID EASTERLY GLEN HELEN RANCH LINE TO A POINT OF INTERSECTION WITH THE NORTHERLY LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO FARM HOMES CORPORATION BY DEED RECORDED OCTOBER 13, 1934 IN BOOK 1011, I RES 93-140 PAGE 14 OF OFFICIAL RECORDS OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY; THENCE EASTERLY ALONG SAID NORTHERLY LINE TO A POINT OF INTERSECTION WITH THE WESTERLY LINE OF THAT PORTION OF SAID LOT 37 CONVEYED TO THE SOUTHERN PACIFIC RAILROAD; THENCE NORTHWESTERLY ALONG SAID WESTERLY LINE TO THE TRUE POINT OF BEGINNING. TOGETHER WITH THAT PORTION OF THE RANCHO MUSCUPIABE, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 23, IN THE OFFICE OF THE RECORDER OF SAID COUNTY AND BEING A PORTION OF SECTIONS 13 AND 14, TOWNSHIP 1 NORTH, RANGE 5 WEST, SAN BERNARDINO MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO CHARLES S. OLDER, ET AL BY DEED RECORDED AUGUST 3, 1949, IN BOOK 3374, PAGE 365 OF OFFICIAL RECORDS OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY; THENCE ALONG THE WESTERLY LINE OF SAID LAND CONVEYED TO OLDER SOUTH 18°45' EAST, A DISTANCE OF 3081.38 FEET; THENCE DUE EAST 100 FEET; THENCE NORTH 14°22'30" EAST A DISTANCE OF 2,361.44 FEET; THENCE SOUTH 75°37'30" EAST A DISTANCE OF 200.00 FEET; THENCE NORTH 14°22'30" EAST A DISTANCE OF 698.65 FEET MORE OR LESS TO A POINT ON THE NORTH LINE OF SAID LAND CONVEYED TO OLDER; THENCE ALONG SAID NORTH LINE NORTH 89°45' WEST A DISTANCE OF 2045.90 FEET TO THE POINT OF COMMENCEMENT.