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HomeMy WebLinkAbout31-Development Services ORIGINAL CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION From: Dept: James G. Funk, Director Development Services Subject: Appeal of Planning Commission denial of Tentative Tract Map No. 16533 & Conditional Use Permit No. 03-28 to subdivide 37.2-acres into 48 lots, plus three remainder parcels at the northwest comer of Magnolia Ave. and Perrin Dr. in the RL, Residential Low land use district and the Hillside Management Overlay District. Date: March 15,2004 MCC Date: April 4, 2004 Synopsis of Previous Council Action: None Recommended Motion: That the hearing be closed and that the Mayor and Common Council either: I) Deny the appeal and uphold the Planning Commission denial of Tentative Tract Map No. 16533 and Conditional Use Permit No. 03-28 based upon the Findings of Fact contained in the February 17,2005 Memorandum to the Planning Commission; or, 2) Uphold the appeal and approve Tentative Tract Map No. 16533 and Conditional Use Permit No. 03-28 based upon the Findings of Fact contained in the original staff report (dated February 8, 2005), subject to the Conditions of Approval and Standard Requirements. ~(/. ~ f!~unk Contact person: Ben Steckler. Associate Planner Phone: 384-5057 Supporting data attached: StaffReoort Ward(s): 5 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct. Description) Finance:_ IfplafJrrwd ~~ Agenda Item No. 3 ) Lf / Y / () S~ Council Notes: CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: Appeal ofthe Planning Commission Denial of Tentative Tract Map No 16533 (Sub No. 03-21) & Conditional Use Permit No. 03-28 Applicant/AppeUant: Steven Wolloch/Roger Hobbs Century American Dev. Corp. 1430 E. Chapman Ave. Orange, CA 92866 714-633-8100 AppeUant (Contact): Wilfred C. Lemann Fullerton, Lemann, Schaefer & Dominick 215 N. "D" Street, First Floor San Bernardino, C 92401 909-889-3691 BACKGROUND: The appellants are appealing the Planning Commission's denial of Tentative Tract (TT) Map No. 16533 and Conditional Use Permit (CUP) No. 03-28. TT Map No. 16533 is a request to subdivide approximately 37.2 acres ofland into 48 single-family residential properties with a minimum lot size of 10,800 square feet (as per RL, Residential Low land use district standards), and three lettered remainder parcels. CUP No. 03-28 is required because half of the property is in the Hillside Managemen.t Overlay District (HMOD), however the applicant is not requesting any special provisions of the HMOD such as density transfer and the area being subdivided for single-family homes is not part of the HMOD. The project includes a portion of the Verdemont Trails system along the northern boundary of the proposed subdivision area. The site is located at the northwest of the intersection of Magnolia Avenue and Perrin Drive in the RL, Residential Low land use district (Exhibit 1). At their meeting of February 8, 2005, after considerable discussion, the Planning Commission voted 6 to 0 (with Commissioner Enciso absent) to continue TT Map No. 16533 (SUB No. 03- 21) & CUP No. 03-28 to February 23, 2005, to allow sufficient time for staff to bring amended Findings of Fact for denial to the Planning Commission. Commissioners Brown, Coute, Durr, Heasley, Morris, and Sauerbrun voted in favor of the denial. Planning staff determined that all Findings of Fact could be made to support approval of the Tentative Tract Map and Conditional Use Permit (Exhibit 2). On February 23, 2005, staff brought back the amended Findings of Fact and the Planning Commission voted 6 to 0 to deny the proposal. Commissioners Brown, Enciso, Durr, Heasley, Morris, and Sauerbrun voted in favor of the denial. Commissioner Coute was absent. Please refer to the Planning Commission Staff Report for additional discussion (Exhibit 3). On March 4, 2005, Planning staff received the appeal application (Appeal No. 05-04). The appellants' grounds for the appeal are that although the Planning division staff found the project to be consistent with the Hillside Management Overlay District as well as the General Plan and Development Code, the Planning Commission did not agree and denied the project. The appellant feels that the initial recommendation from staff is correct and that the Mayor and Common Council should approve the project based upon the original findings of fact as outlined in the staff report dated February 8, 2005 (Exhibit 4). FINANCIAL IMPACT None. The appellants submitted appeal fees. RECOMMENDATION That the hearing be closed and that the Mayor and Common Council either: I) Deny the appeal and uphold the Planning Commission denial of Tentative Tract Map No. 16533 and Conditional Use Permit No. 03-28 based upon the Findings of Fact contained in the February 17, 2005 Memorandum to the Planning Commission; or, 2) Uphold the appeal and approve Tentative Tract Map No. 16533 and Conditional Use Permit No. 03-28 based upon the Findings of Fact contained in the original staff report (dated February 8, 2005), subject to the Conditions of Approval and Standard Requirements. EXHIBITS: I Location Map 2 Planning Commission Staff Report Dated February 8, 2005 3 Memo and modified Findings of Fact Dated February 17, 2005 4 Application for Appeal No. 04-07 OFFICE OF THE CITY CLERK RACHEL G. CLARK, C.M.C. . CITY CLERK 300 North "D" Street. San Bernardino. CA 92418-0001 909.384.5002. Fax: 909.384.5158 www.ci.san-bernardino.ca.us '" April 6, 2005 Mr. Wilfred C. Lemann Fullerton, Lemann, Schaefer & Dominick 215 N. "D" Street Sari Bernardino, CA 92401 Dear Mr. Lemann: At the meeting of the Mayor and Common Council held on April 4, 2005, the following action was taken relative to the Appeal of the Planning Commission's denial of Tentative Tract Map No. 16533 and Conditional Use Permit No. 03-28, to subdivide 37.2 acres into 48 lots plus three remainder parcels at the northwest corner of Magnolia A venue and Perrin Drive in the RL, Residential Low, land use district and the Hillside Management Overlay District. The hearing was closed; and the Mayor and Common Council upheld the appeal and approved Tentative Tract Map No. 16533 and Conditional Use Permit No. 03- 28, based upon the Findings of Fact contained in the original staff report dated February 8, 2005, subject to the Conditions of Approval and Standard Requirements. If we can be of further assistance, please do not hesitate to contact the City Clerk's office. Sincerely, ./) . / ,,/ ~"1<.t..A.,"(. Rachel G. Clark, CMC City Clerk l-} /I /i .;', ,':;J,i L.t...,(l"'t...__- L RGC:lls cc: Development Services Steven Wolloch/Roger Hobbs, Century American Development Corp., Avenue, Orange, CA 92866 3\ CITY OF SAN BERNARDINO ADOPTED SHARED VALUES: Integrity. Accountability. Respect for Human Dig] EXHmlT 1 ATTACHMENT A CITY OF SAN BERNARDINO PLANNING DIVISION LOCATION MAP LAND USE DISTRICTS PROJECT: TT 16533 (SUB 03.21) & CUP 03.28 HEARING DATE: 1/18/05 1J NORTH EXHIBIT 2 SUMMARY CITY OF SAN BERNARDINO PLANNING DIVISION CASE: Tentative Tract Map No. 16533 (Subdivision No. 03-21) And Conditional Use Permit No. 03-28 AGENDA ITEM: 3 HEARING DATE: February 8, 2005 WARD: 5 OWNER(S) Steven Wolloch 6084 Sacramento Ave. Alta Loma, CA 91701 (909) 980-8087 APPLICANT(S): Roger Hobbs Century American Development Corp, 1430 E. Chapman Ave. Orange, CA 92866 714-633-8100 REQUESTfLOCA TION: A request for approval of Tentative Tract Map No. 16533 and Conditional Use Permit No. 03-28 to subdivide approximately 37.2-acres into 48 single-family residential parcels with a minimum lot size of 10,852 square feet, and two lettered lots. The subject property is located at the northwest corner of the intersection of Magnolia Ave. and Perrin Drive in the RL, Residential Low land use district. CONSTRAINTS/OVERLA YS: High Wind Overlay Zone; Foothill Fire Zone A/B; Biological Resources Management Overlay; Geologic Hazard Overlay; Hillside Management Overlay District. ENVIRONMENTAL FINDINGS: D Not Applicable D Exempt, D No Significant Effects . D Previous Negative Declaration IZI Potential Effects; Mitigation Measures and Mitigation MonitorintVReporting Plan STAFF RECOMMENDATION: IZI Approval IZI Conditions D Denial D Continuance to: Tentative Tract Map No. 16533 & Conditional Use Permit No. 03-28 Hearing Date 02/08/05 Page 2 REQUEST AND LOCATION The applicant requests approval of Tentative Tract Map No. 16533 under the authority of Development Code ~ 19.66.070 to subdivide approximately 37.2 acres into 48 single- family residential parcels with a minimum lot size of 10,852 square feet, and two lettered lots. The proposed residential lots are clustered to avoid disturbance of steep hillsides, in accordance with the policies of the Hillside Management Overlay District. Lot" A" is a 7,460 square foot lot proposed for dedication to the Water Department for a pump house. Lot "B" is approximately 20 acres, and includes a fuel modification area and a portion of the Verdemont Trail system adjacent to the northern boundary of the residential development. The remainder of Lot "B" is proposed to remain as natural open space. The subject property is located at the northwest corner of the intersection of Magnolia Ave. and Perrin Drive in the RL, Residential Low land llse district (Attachments A & B). SETTING/SITE CHARACTERISTICS The site is bounded on the south by vacant land in the RL, Residential Low land use district approved for subdivision as Tentative Tract Map Numbers 16502 and 14604. On the east of the site is vacant land in the RL, Residential Low land use district. On the west the site is vacant land in the RL, Residential Low land use district. To the north the site is bounded by vacant land in the julisdiction of San Bernardino County and the San Bernardino National Forest. The site is located in the High Wind Overlay District, Foothill Fire Zone A/B, Hillside Management Overlay District, and the Biological Resources Management Overlay District. The northern portion of the site is included in an earthquake fault zone. Standarq Requirements from Building Plan Check and the Municipal Code address the potential impacts of the High Wind Overlay District as well as the FoothilLFire Zone. No development is proposed within the earthquake fault zone, which covers approximately 80% of the open space lot "B". The Mitigated Negative Declaration addresses the potential biological impacts. BACKGROUND The project was submitted on October 22, 2003. The Development/Environmental Review Committee first reviewed the project on January 15, 2004, where comments and corrections wer~ issued and the project was continued indefinitely in order to allow the applicant to. complete the required corrections. This project was advertised for a public hearing on January 18th, but the Planning Commission did not meet due to a lack of a Tentative Tract Map No. 16533 & Conditional Use Permit No. 03-28 Hearing Date 02/08105 Page 3 quorum. Just prior to when the meeting would have been held, the Director identified concerns with the map as proposed. Staff met with the applicant to discuss these concerns and the tract map was modified. CALIFORNIA ENVIRONMENTAL OUALlTY ACT (CEQA) STATUS An outside consultant prepared the Initial Study and mitigation measures were identified. The Initial Study was released for public review and comment from September 2, 2004 to October 14, 2004. No comments were received during this period. A Mitigation Monitoring/Reporting Program has been included through the Conditions of Approval. The Planning Commission needs to independently review, analyze, and exercise judgement in reviewing the Initial Study in making its determination. FINDINGS AND ANALYSIS FOR THE TENT A TIVE TRACT MAP 1. Is the proposed map consistent with the General Plan and the Development Code? Yes, the proposed subdivision map is consistent with the General Plan and Development Code. The parcels created will meet minimum development criteria as shown below: DEVELOPMENT CODE AND GENERAL PLAN CONFORMANCE CATEGORY PROPOSAL DEVELOPMENT GENERAL PLAN CODE Permitted Use Residential Subdivision Permitted Consistent .- Lot Size 10,852 SF (minimum) 10,800 SF (minimum) Consistent Lot Width 80' (min.)-interior 80' (min.)-interior N/A 88' (min.)-comer 88' (min.)-corner Lot Depth 130' (minimum) 100' (minimum) N/A Tentative Tract Map No. 16533 & Conditioru.l Use Pennil No. 03-28 Hearing Date 02/08/05 Page 4 Each lot will have direct and approved access, All lots shall have Access parking, utilities, direct access to a N/A drainage, sewer, and public street. water. 2. Is the design of the proposed subdivision consistent with the General Plan? Yes, the proposed design and improvements are consistent with General Plan Objective 1.8, which states that it is the objective of the City to: "Provide lands to accommodate housing units which meet the diverse economic and social needs of the residents; locating development to a) retain the scale and character of existing residential neighborhoods; b) facilitate the upgrade and intensification of declining mixed-density residential neighborhoods; and c) allow expansion into vacant and low-intensity use lands within infrastructure and environmental constraints." The proposed project will create 48 neW single-family residential properties . adjoining a previously approved residential neighborhood. The design and layout of these new lots is consistent with the adjacent single family residential lots in the area (or will be after implementation of the Conditions of Approval), as well as the approved subdivisions adjacent to the project. The proposed map and expected future development will retain the scale and character of the existing residential neighborhood. The future development of the site with single-family residential homes will be compatible with the residentiill character of the development in the surrounding area, as well as the general plan. 3. Is the site physically suitable for the type of proposed development? Yes, the 37.2-acre site is physically suitable for the proposed residential development. The tentative tract map conforms to the subdivision design standards specified by the Development Code in that it will meet the minimum lot size for the RL, Residential Low land use district after implementation of the Conditions of Approval. All of the proposed lots contain sufficient buildable area and will have direct access to a dedicated roadway. Connecting to the Tentative Tract Map No. 16533 & Conditional Use Pennit No. 03-28 Hearing Date 02/08/05 Page 5 existing infrastructure will provide water, sewer, power, gas, telephone, and cable to the site. 4. Is the site physically suitable for the proposed density of development? Yes, the site is physically suitable for the proposed density of the development in that the division of land is consistent with the Subdivision Map Act and the proposed lots will be compatible in design with the current Development Code and the surrounding residential lots. The proposed density of the project is 1.29 units per gross acre, under the allowed 3.1 units per gross acre in the RL land use district. 5. Is the design of the subdivision likely to cause substantial environmental damage, or substantially and unavoidably injure fish or wildlife or their habitat? No, Planning staff conducted a preliminary review (pursuant to CEQA Guidelines) to determine the presence and extent of any environmental issues that could result from the subdivision. This project would be subject to mitigation measures in the Mitigation Monitoring/Reporting Program as previously addressed. The modifications to the map do not affect or change any of the conclusions in the Initial Study. 6. Is the design of the subdivision likely to cause serious public health problems? No, the lots being created each have access to an existing or proposed dedicated street. The design of the proposed subdivision meets all of the applicable requirements for the RL, Residential Low land use district and is unlikely to result in any public health problems. 7. Will the design of the subdivision or the type of improvements conflict withRny easements, acquired by the public at large, for access through or use of, property within the proposed subdivision? No, the easements identified in the Preliminary Title Report relate to utilities. The design of the subdivision and the proposed improvements will not conflict with these easements, because any existing easements would be maintained, abandoned or relocated by the Public Works/Engineering Division through processing of the Final Map. Tentative Tract Map No. 16533 & Conditional Use Permit No: 03-28 Hearing Date 02/08/05 Page 6 FINDINGS AND ANALYSIS FOR THE CONDITIONAL USE PERMIT 1. Is the proposed use conditionally permitted within the subject land use district, would it impair the integrity and character of the subject land use district, and does it comply with all of the applicable provisions of this Development Code? Yes, pursuant to Development Code Section 19.17.050, any development in the Hillside Management Overlay District (HMOD) is permitted subject to the approval of a Conditional Use Permit. The proposed project will comply with all applicable provisions of the Development Code as shown in Conformance Table " A" in Tentative Tract Map Finding No.1, as addressed above. 2. Is the proposed use consistent with the General Plan? Yes, as described in the Tentative Tract Map Finding No.2 (above), this proposed project is consistent with and would implement the objectives and policies of the General Plan. 3. Is the approval of the Conditional Use Permit for the proposed use in compliance with the requirements of the California Environmental Quality Act and Section 19.20.030(6) of the Development Code? -- . Yes, the approval of the Conditional Use Permit is in compliance with the requirements of both CEQA and Development Code Section 19.20.030(6) in as much as the proposed project is subject to implementation and monitoring of the mitigation measures in the Mitigation Monitoring/Reporting Program, as previously addressed. 4. Are there potentially significant negative impacts upon environmental quality and natural resources thilt could not be properly mitigated and monitored? No, as noted in Finding No.3, this project complies with CEQA and Development Code requirements. 5. Are the location, size, design, and operating characteristics of the proposed use compatible with the existing and future land uses within the general area in which the proposed use is to be located and will it create significant noise, traffic or other conditions or situations that may be objectionable or detrimental to other permitted uses in the 'lIicinity or adverse to the public interest, health, safety, convenience, or welfare of the City? Tentative Tract Map No. 16533 & Conditional Use Permit No. 03-28 Hearing Dare 02/08/05 Page 7 Yes, the applicant proposes to subdivide 37.2 acres to create 48 single-family residential lots with a minimum lot size of 10,852 square feet, and two lettered lots. One of the lettered lots (lot" A") is for dedication to the Water Department for a pump-house, and the other (lot "B") is an open space lot. The open space lot ("B") is approximately 20 acres, and includes the fuel modification area, a portion of the Verdemont Trail system, maintenance access roads, and natural open space. The proposed project complies with Development Code/General Plan Standards of Development as outlined in Table" A" in Tentative Tract Map Finding No.1 (above). The proposed project will also construct a 1-6 foot retaining wall in the hillside along the east and west property boundaries. Additionally, a drainage easement has been provided and water will be directed from the easterly property boundary through the proposed easement in lot 19. 6. Is the subject site physically suitable for the type and density/intensity of use being proposed? Yes, the site is physically suitable for the type and density/intensity of the project being proposed as evidenced by project compliance with all applicable . Development Code Standards for lotmverage, height limitation, setbacks, landscaping and parking requirements as discussed in Finding No.1 above and illustrated in Table" A". In accordance with the policies and requirements of the Hillside Management Overlay DistrIct, the project is designed to minimize . grading and maintain the natural character of the hillside area by clustering the proposed development. 7. Are there adequate provisions for public access, water, sanitation, and public utilities and seroices to ensure that the proposed use would not be detrimental to public health and safety ? Yes, all agencies responsible for reviewing access, and providing-water and sanitation and other public services have all had the opportunity to review the proposal, and none have indicated an inability to serve the project. The proposal will not be detrimental to the public health and safety in that all applicable Codes will apply to the construction of this project. Tentative Tract Map No. 16533 & Conditional Use Permit No. 03-28 Hearing Date 02/08/05 Page 8 CONCLUSION The proposal meets all necessary Findings of Fact for approval of the Tentative Tract Map and the Conditional Use Permit. RECOMMENDATION Staff recommends the Planning Commission: . Independently review, analyze, and exercise judgement in reviewing the Initial Study in making its determination, . Adopt the Mitigated Negative Declaration and the Mitigation Monitoring/Reporting Program . Approve Tentative Tract Map No. 16533 and Conditional Use Permit No. 03-28 based upon the Findings of Fact contained in this Staff Report-and subject to the Conditions of Approval (Attachment C) and Standard Requirements (Attachment D). Respectfully Submitted, J~.&'~r:Jf Director, Development Services . ~~~ en Steckler Associate Planner -- Attachment A Attachment B Attachment C Attachment D Attachment E Attachment F Location Map Site Plan/Parcel Map Conditions of Approval Standard Requirements Initial Study Mitigation Monitoring/Reporting Program ATTACHMENT A CITY OF SAN BERNARDINO PLANNING DIVISION LOCATION MAP LAND USE DISTRICTS PROJECT: TT 16533 (SUB 03-21) & CUP 03-28 HEARING DATE: 1/18/05 n NORTH :\'i;-:' . >, ,;~" ',' , .. ' , '<,~ ~ ~ ~ ~ ,.. gl l!l a..m ~I WI <l!l ~I ~I >1 -l!l !<ti I- Z ...., I- " ", ~ " " ~ ;." 'II ~ I lill IIIIH 'I .Ijb hlld I 111~ II Hili! Ii -2- I 1111 ~ I, ; I Li~ Ill!i 8$ $ . i! !I , , II I I >> I . !$ ! "I .g II 'I I ~! ~ J III 1.~~111 ;1' I. . lil,..l!~11 I ~Ii i, I I IIII .1 t i, !~I · I I'il II!;III~ mm~, II i Iii 10 I udlllll~ I I il~ i i I ATTACHMENT"B" i M' ~ I\d 1 ,. \.I ~ ~ , q~ I . . I 'l:~ I V , . g I: (i II . . I I I d II I, il .I 'I I' I .' 11 " co c::I 2 !5 5 -- IlllIl'l 113111 .111 JJlJJH Wi i i . · '.\II~III ~i Tentative Tract Map No. 16533 & Conditional Use Permit No. 03-28 Hearing Date 02/08/05 Page 11 AT!' ACHMENT C CONDITIONS OF APPROVAL Tentative Tract Map No. 16533 (SUB 03-21) and Conditional Use Permit No. 03-28 1. This approval is for Tentative Tract Map No. 16533 to subdivide approximately 37.2 acres into a maximum of 48 residential parcels with a minimum lot size of 10,852 square feet, and two lettered lots. One of the lettered lots (lot" A") is to be dedicated to the Water Department for a pump-house, and the other (lot "B") is to remain an open space lot. The open space lot ("B") is approximately 20 acres, and includes the fuel modification area, a portion of the Verdemont Trail system, maintenance access roads, and natural open space. No construction is approved at this time. Development of the lots with single family residences shall require submittal, review and approval by the Planning Commission of a Development Permit III. 2. Within two years this approval, the filing of the final map or parcel map with the Council shall have occurred or the permit/ approval shall become null and void. In addition, if after commencement of construction, work is discontinued for a period of one year, then the permit! approval shall become null and void. However, approval of the Tentative Tract Map and Conditional Use Permit does not authorize commencement of construction. All necessary permits must be obtained prior to commencement of specified construction activities included in the Conditions of Approval and Standard Requirements: -0- Expiration Date: February 08, 2007 3. The review authority may grant a one-time extension, for good cause, not to exceed 12 months. The applicant must file an application, the processing fees, and all required submittal items, 30 days prior to the expiration date. The revie~ authority shall ensure that the project complies with all Development Code provisions in effect at the time of the requested extension. 4. In the event this approval is legally challenged, the City will promptly notify the applicant of any claim, action or proceeding and will cooperate fully in the defense. of this matter. Once notified, the applicant agrees to defend, indemnify and hold harmless the City of San Bernardino (City), the Economic Development Agency of the City of San Bernardino (EDA), any departments, agencies, divisions, boards or commission of either the City or EDA as well as predecessors, successors, assigns, agents, directors, elected officials, officers, employees, representatives and attorneys of either the City or EDA from any claim, action or proceeding against any of the foregoing persons or entities. The applicant further agrees to reimburse the City for any costs and attorneys' fees which the City may be required by a court to pay as a Tentative Tract Map No. 16533 & Conditional Use Permit No. 03-28 Hearing Date 02/08/05 Page 12 result of such action, but such participation shall not relieve applicant of his or her obligation under this condition. The costs, salaries, and expenses of the City Attorney and employees of his office shall be considered as "attorneys fees" for the purpose of this condition. As part of the consideration for issuing this permit, this condition shall remain in effect if this Tentative Tract Map is rescinded or revoked, whether or not at the request of applicant. 5. Submittal requirements for permit applications (building, site improvements, landscaping, etc.) to Building Plan Check and/ or Public Works/Engineering shall include all Conditions of Approval and Standard Requirements issued with the Planning approval. 6. Fencing and walls shall be incorporated into the project at time of review of the Development Permit for development of houses. The onsite fencing and walls will be subject to the following: a) A slump stone or split face block shall be installed around the perimeter of the project. Both sides of the wall shall have the decorative finish. b) Retaining walls shall be constructed of slump stone or split face block. Both sides of the wall (above ground) shall have the decorative finish. c) The location, materials, and design of interior fencing shall be reviewed concurrently with the Development Permit for the units, and shall incorporate the design standards in Section 19.20.030(8)(D) of the Development Code. 7. Any change in elevation or building pad height of 6" or more along the perimeter of the tract map will require appreval by the Planning Commission. Any change in elevation or building pad height of l' or more on interior lots will require approval by the Planning Commission. The applicant' s/ owner's engineer will certify the elevation of the building pads to the City Engineer, prior to construction of the building foundation. 8. The project is subject to all applicable Mitigation Measures contained in the Mitigation Monitoring/Reporting Program (Attachment F). , Tentative Tract Map No. 16533 & Conditional Use Permit No. '03-28 Hearing Dale 02/08/05 Page 13 9. Construction-related activities may not occur between the hours of 8 pm and 7 am. No construction vehicles, equipment, or employees may be delivered to, or arrive at the construction site before 7 am or leave the site after 8 pm. Construction activities may only occur Monday through Friday. 10. Lot number 18 shall meet minimum Development Code standards for lot size, lot width, and lot depth, in addition to the proposed 20' easement for drainage, not including the easement as proposed. A reduction to the number of lots in the proposed subdivision will be allowed without returning to the Planning Commission due to implementation of this condition of approval, provided the rest of the final map is consistent with the tentative map. 11. Prior to recordation of the final map, provisions for ownership and maintenance of the natural open space in Lot "B" shall be approved by the City of San Bernardino Development Services Department. This may be accomplished by formation of an open space maintenance district or creation of an endowment for maintenance by an organization willing and qualified to assume responsibility for management of the open space. It shall be assumed that the area not improved for trail usage or fuel modification will remain in a natural condition. However, long-term maintenance shall include any maintenance that may be required for safety reasons. The maintenance shall be guaranteed through an agreement to be approved by the City of San Bernardino Development Services Department and/ or the City Attorney and shall be recorded by the San BernardinoLounty Recorders Office. If no district or approved organization is available to take-responsibility for the long-term maintenance of the open space, a Homeowners Association shall be formed and charged with the task, by means of a recorded document to be approved by the City. 12. The maintenance of the fuel modification area and the Verdemont loop trail and associated landscaping (also a part of lot "B")., shall be performed by a Landscape Maintenance District (LMD). This may require creation of a third lettered Lot "c" on the Final Map. 13. The project shall include a segment of the trail system (running through lot "B") to be constructed to match the V erdemont Loop Trail System in/ or adjacent to other previously approved tracts (to the south/ southeast) including all landscaping, vegetation, etc. 14. There shall be a pedestrian ingress/ egress corridor connecting the proposed trail to the cul-de-sac in Street :' A". This pedestrian access to the trail shall not include any portion of the proposed 20' access roads for maintenance of the fuel modification area. Tentative Tract Map No. 16533 & Conditional Use Permit No. 03-28 Hearing Date 02/08/05 Page 14 15. This permit or approval is subject to the attached conditions or requirements of the . following City Departments or Divisions: a. Development Services Department - Public Works Division. b. Fire Department. c. Municipal Water Department ~- ATTACHMENT D CITY OF SAN BERNARDINO Development Services Department - Public Works Division Standard Requirements Description: 52 Sim!le Familv Sinllle Familv Lots Applicant: Centurv American DeveloDment CorDoration Location: North Side of Perrin Drive at MallnoIla Avenue Case Number: TR 16533 & CUP No. 03-28 1. Drain8l!e and Flood Control a) A local drainage study will be required for the project. Any drainage improvements, structures or storm drains needed to JIlitigate downstream impacts or protect the development shall be designed and constructed at the developer's expense, and right-of-way dedicated as necessary. b) This tract is dependent on a storm drain in Street" A" that is proposed to be constructed as part of Tract No. 16502. If the storm drain is not designed and constructed by the developer of Tract No. 16502, then the design and installation shall become the responsibility of this tract and bonds to insure completion 2f the storm drain shall be posted as required by the Subdivision Agreement to assure completion of the storm drain prior of occupancy of any house. c) All drainage from the development shall be directed to an approved public drainage facility. If not feasible, proper drainage facilities and easements shall be provided to the satisfaction of the City Engineer. d) The applicant shall submit a Storm Water Pollution Prevention Plan (SWPPP) and Water Quality Management Plan (WQMP). These plans shall be approved by the City Engineer, prior to issuance of any permits authorizing land disturbing activities. (Refer to the City's web page at www.ci.san-bemardino.ca.us - Departments - Development Services - Public Works for templates ofthese plans). e) A "Notice of Intent (NOI)" shall be filed with the State Water Quality Control Board for construction disturbing 1 acre or more of land. , f) . Prior to issuance of a grading permit, the City Engineer shall approve an Erosion Control Plan. The plan shall be designed to control erosion due to Project: 52 SFR Homes Case No. TR 16533 & CUP 03-28 Page 2 of8 water and wind, including blowing dust, during all phases of construction, including graded areas which are not proposed to be immediately built upon. 2. Gradinl! and LandscaDinl! a) If more than I' of fill or 2' of cut is proposed, the site/plot/grading and drainage plan shall be signed by a Registered Civil Engineer and a grading permit will be required. The grading plan shall be prepared in strict accordance with the City's "Grading Policies and Procedures" and the City's "Standard Drawings", unless otherwise approved by the City Engineer. b) If more than 5 trees are to be removed from the site, a tree removal permit conforming to the requirements of Section 19.28.090 of the Development Code shall be obtained from the Department of Development Services- Planning Division prior to issuance of any grading or site development permits. c) If more than 5,000 cubic yards of earthwork is proposed, a grading bond will be required and the grading shall be supervised in accordance with Section 7012(c) of the uniform Building Code. d) If more than 1,000 cubic yards of earth is to be hauled on City Streets then a special hauling permit slI!ll be obtained from the City Engineer. Additional conditions, such as truck route approval, traffic controls, bonding, covering of loads, street cleaning, etc. may be required by the City Engineer. e) An on-site Improvement Plan is required for this project. Where feasible, this plan shall be incorporated with the grading plan and shall conform to all requirements of Section 15.04-167 of the Municipal Code (See "Grading Policies and Procedures").- t) One 4' x 11' PCC pad at least 4" thick shall be provided in the rear or side yard area of each lot for storage of recycling containers. The pad shall be screened from public view and a 3' wide concrete walkway shall be provided from the driveway to the pad. All gates along the access way shall have a clear width of 3'-6" minimum. A minimum clearance of 3 feet shall be provided around the pad. g) Retaining walls, block walls and all on-site fencing shall be designed and detailed on the On-site Improvement Plan. This work shall be part of the On-site Improvement permit issued by the City Engineer. Project: 52 SFR Homes Case No. TR 16533 & CUP 03-28 Page 3 of8 h) This project is located in the "High Wind Area." Therefore, all free standing walls and fences shall be designed for a minimum wind load of 23 pounds per square foot of vertical surface, unless a lower value is approved by the City Engineer. i) The project Landscape Plan shall be reviewed and approved by the City Engineer prior to issuance of a grading permit. Submit 5 copies to the Engineering Division for Checking. j) A Landscape Maintenance District shall be implemented to maintain landscaping within the following areas: k) All required maintenance districts shall be formed prior to Map recording. I) Separate sets of Landscape Plans shall be provided for the Landscape Maintenance District. m) Prior to sale of each parcel, the Developer shall provide the City's Real Property Section of the Public Works Division with a signed copy of the "Notice of Assessment District" disclosure for each property purchaser. n) An easement and covenant shall be executed on behalf of the City to allow the City to enter and maintain any required landscaping in case of owner neglect. The Real Property Section for execution by the property owner and shall ensure that, if the property owner or subsequent owner(s) fail to properly maintain the landscaping, the City will be able to file appropriate liens against the property in order to accomplish the required landscape maintenance. A document processing fee in the amount of 5200.00 shall be paid to the Real Property Section to cover processing costs. The property owner, prior to plair approval, shall execute this easement and covenant unless otherwise allowed by the City Engineer. 3. Utilities a) Design and construct all public utilities to serve the site in accordance with City Code, City Standards and requirements of the serving' utility, including gas; electric, telephone, water, sewer and cable TV, .- b) Each parcel shall be provided with separate water and sewer facilities so the City or the agency providing such services in the area can serve it. c) Backflow preventers shall be installed for any building with the finished floor elevation below the rim elevation of the nearest upstream manhole. d) Sewer main ext.nsions required to serve the site shall be constructed at the Developer'~ expense. Project: 52 SFR Homes Case No. TR 16533 & CUP 03-28 Page 4 of8 e) This project is located in the sewer service area maintained by the City of San Bernardino therefore, any necessary sewer main extension shall be designed and constructed in accordance with the City's "Sewer Policy and Procedures" and City Standard Drawings. g) Utility services shall be placed underground and easements provided as required. h) A street cut permit, from the City Engineer, will be required for utility cuts into existing streets where the street is not being repaved as part of the required improvements. j) All existing overhead utilities adjacent to or traversing the site on either side of the street shall be undergrounded in accordance with Section 19.30.110 (subdivisions) of the Development Code. k) Existing Utilities which interfere with new construction shall be relocated at the Developer's expense as directed by the City Engineer, except overhead lines, if required by provisions of the Development Code to be undergrounded. See Development Code Section 19.30.110 (subdivisions). 4. Mappin!!: a) A Final Map based upon field survey will be required. b) All street names shall be subject to approval of the City Engineer prior to Map approval. c) Additional survey and rnap'"information including, but not limited to, building setbacks, flooding and zones, seismic lines and setbacks, geologic mapping and archeological sites shall be filed with the City Engineer in accordance with Ordinance No. MC-592. d) If this Map is located in an Assessment District and the assessment has not been paid off, the subdivider shall submit an apportionment application to the Real Property section of the Public Works Division. Application forms can be .obtained from the Real Property Section at (909) 384-5026. e) Assessment District Apportionment Fees: . Parcel Map of 4 or fewer Parcels - $1.100.00. . Final Maps or Parcel Maps of more than 4 Parcels - $2.250.00 plus $25.00 for each final assessable lot or parcel. 5. Improvement Completion a) Street, sewer, and drainage improvement plans for the entire project shall be completed, subject to the approval of the City Engineer, prior to the Map recordation. Project: 52 SFR Homes Case No. TR 16533 & CUP 03-28 . Page 5 of8 a) If the required improvements are not completed prior to Map recordation, an improvement security accompanied by an agreement executed by the developer and the City will be required. b) Street light energy fee to pay cost of street light energy for a period of 4 years shall be paid. Exact amount shall be determined and shall become payable prior to map recording. -'- Project: 52 SFR Homes Case No. TR 16533 & CUP 03-28 Page 6 of8 6. Street Improvement and Dedications a) All public streets within an adjacent to the development shall be improved to include combination curb and gutter, paving, handicap ramps, street lights, sidewalks and appurtenances, including, but not limited to traffic signals, traffic signal modifications, relocation of public or private facilities which interfere with new construction, striping, shall be accomplished in accordance with the City of San Bernardino "Street Improvement Policy" and City "Standard Drawings," unless otherwise approved by the City Engineer. Street lighting, when required, shall be designed and constructed in accordance with the City's "Street Lighting Policies and Procedures." Street lighting shall be shown on street improvement plans except where otherwise approved by the City Engineer. b) For the streets listed below, dedication of adequate street right-of-way (R.W.) to provide the distance from street centerline to property line and placement of the curb line (C.L.) in relation to the street centerline shall be as follows: Street Name Rieht of Wav(ft.) Curb LIne(ft) Perrin Drive 30' 20' - Street "A", "B", & "e" - 25' 18' Magnolia Avenue 30' 20' c) Construct 8" Curb and Gutter per City Standard No; 200 adjacent to the site. Widen pavement adjacent to the site to match new curb 'and gutter. Construct approach and departure transitions for traffic safety and drainage as approved by the City Engineer. a) Construct sidewalk adjacent to the site in accordance with City Standard No. 202, Case "A" (6' wide adjacent to curb). b) Construct Handicap Ramps in accordance with City Standard No. 205 at _ . _. all curb returns within and adjacent to the project site. Dedicate sufficient right-of-wiy at the comer to accommodate the ramp. Project: 52 SFR Homes Case No. TR 16533 & CUP 03-28 Page 7 of8 g) Construct Driveway Approaches per City Standard No. 203. Remove existing driveway approaches that are not part of the approved plan and replace with full height curb & gutter and sidewalk. h) AI1 Curb return radii shall be 25 feet minimum. i) Construct all cul-de-sac's and knuckles in accordance with City Standard Drawing No. 101. k) Install Street Lights adjacent to the site in accordance with City Standard Nos. SL-I and SL-2. I) At least 28 feet of pavement shall be provided along streets adjacent to the subdivision, unless otherwise approved by the City Engineer. m) Two independent. means of access 24 feet wide paved and dedicated shall be provided to the project. Additional width may be required for drainage control and traffic safety. n) If the infrastructure for Tract No. 16502 is not instal1ed prior to application for approval of Tract No. 16533, then, prior to map approval, the developers of Tract No. 16533 shall design and bond for al1 supporting infrastructure needed for access and utilities, including storm drains and sewers. 8. Required Enl!ineerinl! Plans a) The rough grading plan may.l>e designed and submitted in combination with the precise grading plan. b) AI1 plans submitted for plan check purposes shal1 be prepared on the City's standard 24" X 36" sheets. c) Provide the City with an electronic file of all improvement plans/drawings. This file shall be compatible with AutoCAD 2000, and shall be submjtted with the plans for final approval. d) Copies of the City's design policies and procedures and standard drawings are available at the Public Works Counter for the cost of reproduction. They are also available at no charge at the Public Works Web Site htlD://www.ci.san-bernardino.ca.us/site/Dw/default.htm 9. Required Enl!ineerinl! Permits a) b) Grading permit (If applicable.). . On-site improvements construction permit (except buildings - see , Development Services-Building Division), including landscaping. Off-site improvement construction permit. c) Project: 52 SFR Homes Case No. TR 16533 & CUP 03-28 Page 8 of8 10. Applicable Enl!:ineerlDl! Fees a) All plan check, permit, inspection, and impact fees are outlined on the Public Works Fee Schedule. A deposit in the amount of 100% of the estimated fee for each set of plans will be required at time of application for plan check. b) The current fee schedule is available at the Public Works Counter and at htto:/ /www.ci.san-bemardino.ca.us/site/ow/default.htm c) Please check with the development review section of the Public Works Division at 909-384-5110 for current in-house plan check turn-around times. d) Expedited plan checking is available. A deposit in the amount of 150% of the estimated plan check fee for each set of plans will be required at time of application for expedited plan check. -- CITY OF SAN BERNARDINO FIRE DEPARTMENT STANDARD REQUIREMENTS Case:..,-r 1("';--;'1 Dete: 1/ 1S/4 Reviewed By: (kill 11 fK4,JOl...1 A. ijJe:{l.~~_ ~NERAL REQUIREMENTS: Provide one _onalsat of construction plans to IMdirg and Safely tor Fire ~nt use at time ol plan ch8ck. Contact the ClIy of San Bernardino Fire Ceoarimeot at (900) 384-5585 for specific detailed reqLiremenla. Q/ The developer shall provide tor adequate fire flow. Minimum fire Row requirements shal be based on Iquars footage. construction features, and pPOIure infonnaUOn supplied by the developer and mY!! be available l!D2!: to plating COO'lbustibte materials on site. WATER PURVEYOR FOR FIRE PROTECTION: o The fire protection water service (or the &rea of this proiect is provided by: 8 . San Bernardino Municipal Weier Deparimenf-Enginaering (909) 384.5391 East Valley Water llistrict-Engineanng (909) 888-8986 o OIlIer Water purveyor. __ __., Phone: ~BUC FIRE PROTECTION FACILITIES: Public finl hy<hnts are requireri along streets 01 intervals not to exceed 300 feet lor commao:lal and mulll._tIaJ a.... and at 1_ not to_ 500 fael for _ areas. Fire hydrant minimum flow rates of 1500 gpm at a 20 psi minimum residual pressure are required for commercial and muJU.reskIentiat areas. Miimum fire hydrant flow rates of 1.000 ~ at a 20 psi minimum reskllal pressure are required for residential areas. Fire hydrant type and specific Ioc.hun sl,.1I ba jointly detennlnecl by the City of San Bernanllno Are ~t In conjunction with the wa.... purveyor. Are X hydrant materials and installation shall conlorm to !he standardll and speclflcaltons of the ........ purvayor. Public fire hydrants, fire sef\lices, and pl'bljr.'N".Jter facilitkts necesury to meet Rr. OepaItment roquirements are the developer'S financial responsibility and shall be installed by tria wat'C)r plifvPycr Of ny the devetopsr at the water purveyor's dacretion. Canted the water pwveyor indicated above 'or additional infonnaUon. ACCESS: 8 Provide two separ3te. derncated rultes of il19wss/egress to the property entrance. The routes shall be paved. .. weather. Provide an access road t.J each btJlldmg; for fire apparatus. Access roadway shall have an aU.weather driving surface of not less than 20 feet of unob- structed width. o Extend roadway to 'oYithin 150 fect cj all P'Jrtiors of the exterior \\1811 of all sing1e 6tOry bulldogs. o Extend roadway to ~hin 50 teet of tile oX!tHiof' Wdll of all mullipte-Itory buItdings. o Provide "NO PARKING" signs wM,ovor pa:l<ing 01 vehicles would poosiJIe reduce the clearance of access roadwaya to less than the requlnKI w1d1h. Signs are to read "FIRE LANE-oNO PARKiNG--Ioo!.C. Sac. 15.11". o Dead-end streets shall not e.<tCced 500 feet il1lenglh and shall have a minimum 40 foot radius tumaround. o The names of ,illY 08'>"; s!!'GBls (public or !="fNate) shall be submitted to th8"Fke Department for approvat. SITE: - o All access roads and s\re~t$ are tr, he constructed ar:d usable prior Ie combustible construction. o Private fire hydf ,wts sh~n be install~ to PiOICt;t each buHding ioc8ted more than 150 feet from the curb line. No fire hydrants should be within 40 feet of any exterior wall. Ttl-e :'lydrants shall be Wet 1iiJIr.n,,1 type, with one 21<'llnch and 4 Inch outlet. and approved by the fire Department. Areas a4aclnt to fire hydrants s~alj be designated as a "NO PA~KING" wne by painting an 8 inch wide. red stripe tor 15 feet in each direction in front of the hydrant in such a maM8rthat i: iMH not ta bier-ked by pal'k&d '.9htcie:;. Lettering to be In white 6- by 1o!l-. JlUILDINGS: Address numercds shall be lnstilllf.d on th~ tiijj!ding aI the frona or other approved kx:aUon in such a manner as Ie be visible from the frontage street. Com- mercial and multi fa.-mty address ntlmel::!ls snail De 8 inchestaH. single family address numerals shafl be 4lnc.hu tall. The color of the numerats shall con. trast wI1h !he color 01 !he baclq;lO"nd. . .- o IdenIify each gas and etectnc meter w:th the number of the untt It serves. _ . o Fire extingulshers n'lust be installed prtor to the building being occupied. The minimum rating for any tire extinguisher ls 2A 1DB/C. Minimum distrbrtion of lire extinguishers n,usl be su:.:h that no itlleriOr part of the building Is over 75 feet trav. clatallCti frem a ffre extinguisher. o Apartment house.;; with 15 or lnme imitii, !.etr.As (motels) with 20 or more units, or apartments 01" hotels (motels) tt.ree stories or more in heilj1t shall be equipped with ~hl!nh',atic jj(e SPilfl:,,:ers d~j~';'J{'led ~o NFP.4. standards. o AJI buildings, \)'~ef ~ (:\X) .-.quof.? root, ~.d1d\ t.,; i3q\.lipped v.tth an eutomatic tire sprinker system designed to NFPA standards. This mcaudes existing buildings vacant ave! 365 day'" o Submit plant f:;l ltli'; ji;'~ pldedj-~~I' -;ySI_6i.' t.;', ~tv:l Fire C'epartmerll prior to beginning construction of the siStem. Pennlt required. o Tenant impro'lkme-nts in (all splj,'k~8f\~~~ blli'Jings a:$ to l'>t1 approved by the Fire Department prior to ltart of construction. Permit required. ~ Provide fire alarm (f~quill~t! n\lO;:~jtjL; ,j), PIe-fiG rr~tjst be approlled by the Fire Department prior to start of inllaUatton. Permit required. Fire Department c0nneciioo to sprinl',l'!.l -"1'Si.ernl.&tandpipe system. shd be required at Are Department approved location. Fire Code Permit requirs(J, applY a: 2Q;.: e<iSt 3.d street, (909) 384--5388. Fir. Sprinkler m"nitcling reql.lirdd. Plan::i Inust be approved by the Are Department prior to the start of construction. Permit required. Note: The applkant Ii~!i-",: j~\'1',,~~t in 10'-.1,('00, (Jr~y ch?r.ges ~o Rra Department requirements. 10 --,-- ADDITIONAL 1~;F()nM""CJN: Ef..9Pf5.TLT'jdl~ Lc.41-r.r;.O 0.) POnd/IlL r:UE._~ tM::~UA'I 7.nr.,r'c... h2V1"'I-l!Jl.~. f?",p,t(. o.fol j.lv':l.~~.L-(U4 .;5p/lIAlK..lJ:"IUf fA/" HoIllE'iS Aw BI..()6. 1!!..,IJ:}E'.O I WP.rveE. 11-/ ~F~~~f7'ler ~P' PCAI/ ~-K.. W~ ,;rilL FPSi7O(~-~- ",PN 3.l.{.1E; -11.. \-1'-\ SAN BERNARDINO MUNICIPAL WATER DEPARTMENT STANDARD REQUIREMENTS Review of P.....: -rT "^ f'J (') 110 5 3. ~ Dlle Compiled: OWllOr/Doveloper: c.a--r... R.y "-~IZ..o".... \ C,E-VIl..l1J41M a.v T ( .rAP. Compiled By: Typo of Project: $'&I>....~ 3.") 2.Ac4IA I AI"o S''L S,N/HI'- """l.y Number of Units: ..a. Mot~~ Location: bo-I"'~'r"" ........T r~~ 0.1- If' M.."'..~. A. 1L eL.l!&.ll ~Il... WATER nF.PARTMENT ENGINF.ERING: Contacl: Ik 1I'.."t"'r L.IC "'"fllLI 1\ Phone: 3~l.I-S.3~ I Fax: Note: AU Wiler Servic08 are Subject 10 the Ruloo IJ< Roaul8lioaa of the W8Ior n-rtmonl. . fZ." c.\..l>....~.. Sf ...IE-'- I/'oJ tN\ fl.I;.Ne>C-,,,- ~izo of Main Adjaconllho Project: 2..,,\' D f=. ~ , N ... I.r....u t"Y... ~ A. ~pproxim8le Wiler Proasuro: ~ Elevation of W8Ior llloJqe: ~ Hydrutt Flow 4'>> 20 poi: rLType. Size. Location, and DiJtance to Noaroet Fire Hydranl: "2.......... F 1 Il-L ~ u\ t-.llL-JZ- Cl ' 0 J-13-o~ /Ill\. I Jc.L.. N 3&' '1 --55 ~ "l.. ~ o Proas"re ReJlUl8lor Required on CUltolllOr's Side on the Meter. o O<<..ile Water Faciliti08 Required. o Area Not Served by San Bernardino Municipal Wiler DoportmenI. '(comments: (.ANLleT SI!.Jt-IIL 40 P!l.'L To T'"' 150 TIL-"c..-T loT -r"5.P~5.P""TI""'I!.. 1a.."""t"&.iL- c;,Y~I""" I=Jl.C.tLI"rIE.S jU~ "n;) AE--uPa,II-_~r.:. To P,c..t>tI'tOe.. ~. WATER01JAUTYCONTROL: /Z..~~......."t",.. Wll..l.. S"-IL-VE-C-....'T1"#LiI-F-If.D- "..jU..,..~..1O t::J//U'T. Contacl: c.tl t..J ~~I ",-,,,," Pbono: .3i$ 'i - 51"!.9 Fax: 3a4 -5'2...\00 ~.P.P. Backflow Device Required II Service Connection. FOfl..-r:::.c>lM. E.c::. II c... SttJl...1I to t...e. p:Double Check Bacldlow Device Required at Service Coonoction.Fo rz... F I fl-L-"\l Uilu;.~Ti 0 ~ Ylfl-VL c..JL }Q-Bacldlow Device 10 be Inspected Before Water Service can be Activlled. o No Backflow Device Required II This TiIIIO. ENVIRONMENTAL CONTROLIIND1JSTRIAL WASTE: Contact: ,.. "" P ,/ C-O ~ e:. II Pbono: ~ R.., ..t;;7 ~I.:, Fax: -3g 4. -S'Z....$('.y Note: No Brine Regeno:"ive Water So'enon May ho Installed. Unless Holding and Hauling is Provided for ~ Brine. All IntercopIon wiltho a 1200 GaUon Capacity with a SamPle Box Included. o Induslrial Waste Pemtit Required. o Grease Interceptor Required. o Pro-trollmenl Required. - SEWER CAPACITY INFORMATION' Contact: NL1\.... T\..~c>W\..C,nN Phone: 3&'1-SC!>'1~ Fax: 39-,,/ ~Ctz_ Note: Proof of Payment Must ho Submiued to tho BuiWin& '" Safety Dopertment Prior to Issuance of tho Buildin& Permit. o No Sewer Capacity Foe Applicable II This Time. o Sewer Capacity Fee MlI$t Be Paid to lho Waler Department for Gallons Per Day. Equivalent DweUin& Units: o Subjeclto Recalculation of Foe Prior to tho Issuance of Building Pennit. Breakdown of Eslimated Gallons Per Day: o Sand/Oil Interceptor Required. o No IsSllOl IItM TiIIIO. rrDIEQl.lIJ.FRW (219"/) r: IiJ f, r.i: ~ f.~ l~; ~ 14 ['. " lj ~ .J. f f L f. , tii,:j( 1- ~ L t ~ I:": i< '6. CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY ATTACHMENT "E" CITY OF SAN BERNARDINO INITIAL STUDY FOR TENTATIVE TRACT No. 16S33 SUBDIVISION No. 03-21 CUP No. 03-28 PROJECT DESCRIPTIONILOCATION: The proposed project will result in the subdivision of 37,2 acres into 52 single-family residential lots with a minimum lot size of ] 0,800 square feet, and two remaining lots measuring 7,496 square feet and approximately 20 acres, respectively. The project site is located north of the intersection of Magnolia Avenue and Perrin Avenue (the future Verdemont Drive), Associated site improvements include paved roadways and driveways, sidewalks, landscaped areas, a recreational trail north of the proposed residential units. and an underground water pump station, DATE September 7, 2004 December f'2004 (Revised) PREPARED BY LSA Associates, Inc. ]650 Spruce Street. Suite 500 Riverside. California 92507 LSA Project Number CEU430 PREPARED FOR City of San Bernardino Development Services Department 300 North "0" Street San Bernardino. California 92418 REVIEWED BY Independently reviewed, analyzed and exercised judgment in making the determination, by the DevelopmentlEnvironmental Review Committee on Seplember 2, 2004, pursuant to Section 21082 of the California Environmental Quality Act (CEQA). IS I CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY The California Environmental Quality Act (CEQA) requires the preparation of an Initial Study when a proposal .' must obtain discretionary approval from a governmental agency and is not exempt from CEQA. The purpose of the Initial Study is to determine whether or not a proposal, not exempt from CEQA, qualifies for a Negative Declaration or whether or not an Environmental Impact Report (EIR) must be prepared. r ~ E 1. Project Title: Tentative Tract No. 16533 and CUP No. 03-28 2. Lead Agency Name: Address: City of San Bernardino 300 North "D" Street, 3'" Floor San Bernardino, California 92418 3. Contact Person: Phone Number: Ben Steckler (909) 384-5057 V' 4. Project Location (AddresslNearest cross-streets): Northwest comer of Magnolia A venue and Perrin I . ~ Avenue (future Verdemont Drive) (Figure I). t'" t EJ ~;A , ~ (~I r~ f' t , .. r. .; . ~~ ~ ~~ ...j r. ~i . , - ~ k~ I 5. Project Sponsor: Address: Century American Development Corp. 1430 East Chapman Avenue Orange, California 92866 6. General Plan Designation: The project site (Figure 2) is designated RL (Residential Low) in the City of San Bernardino (City) General Plan. Uses permitted in the RL designation include the development of low- density, large lot, single-family housing with a-minimum average size lot of 10,800 square feet at a maJ{imum density of 3.1 units per gross acre. The_ project site is also located within the City's Hillside Management Overlay District (HMOD). Description of Project (Describe the whole action involved, including, but not Umlted to, later phases of the project and any secondary, support, or off-site feature necessary for its implementation. Attach additional sheets, if necessary): The proposed project will result in the development of a 54-lot single- family residential development located northwest of the intersection of Magnolia A venue and Perrin Avenue (future Verdemont Drive). The 37.2-acre project site is planned for the deve!opment of up to 52 single-family residential units.. Associated site improvements include paved I'O!Idways and driveways, sidewalks, landscaped areas, a recreational trail, and underground pump station. As required by the City, the project incorporates a Fuel Modification Area (Figure 3), Lots I-52 of IT 16533, ranging in size from 10,800 square feet to 17,883 square feet, will be developed with single-family residential units. An underground water pump, located on Lot A at the extreme southwestern comer of the site, will be landscaped. The northern portion of the site (Lot B), covering an area of approximately 20 acres, will be retained as natural open space, in accordance with the slope density analysis and site development plan of CUP No. 03-28. Water service to the project site will be delivered via an eight-inch waterline that will connect to lines existing in the future Perrin Drive. Sewer flows will be conveyed via an eight-inch sewer line to either sewer mains to be constrUcted within Tentative Tract 16502 (located to the south) or to sewer lines located in Magnolia A venue. Sheet flow from the northern portions of the site will be intercepted by a concrete V -ditch located along the northern limits of development and conveyed through a 20-foot drainage easement to local streets, then contained with curbs and gutters to catch basins located at the southern edge of the project site. IS 2 'r' , r.~ ~- ~ f; r: i, &;> f'l i:, Ill> t; ~.. ;.~ "'.If '. , [ l~ r t. .~ .. . t' w 'J'-. ~ L I' {i r (.' c.~ ..;:.:,..~" ;'... .. __,.,.;:~l, ;.': ,;....y~:}=:~\ 1 '~'\.~ :1' r' I,:.., , ~~;.: ;,~ -..'~, ~ h:>II -.-~-. Rando CunlJlwnga 66 Fontana Ria/to Sa. IkmQrdhw ;", ,(J , '", .- 7J:,1 _&,- Cation r. .-...! ~. { . '. '-" ,- . '~~~<::::" . " ..... :';.\-;i.\~':';,1 ',- -\.'. .~, ~":\ . ~' ~~;:. -\ "";';~>,tlli- q'~~~ - ~~: i ~ _.:I:~- '1' .....-. '. .... , c,'.r,i -"';'-~"':'~'f-- .r~'~,,'iIJ lc~ . I ,,.t ~'FO'!~dtl' '/ ~ "tttl' J ;tJ , 10 , ~. .... to... Linda ~:':~. .~~ ~'-t L. Mira Lama ',. ; ~ s.. BntI....". c....1y -.;;;;u; c;;;;;--' '-- . .... JfofH; , '--- , . oI"'""-'r~ ~.~... , ,".' " ., < ,:) ,',,-. ';iT/t;:, ~..-.." ,- "{,' s I:l /(,.',-' If ~o if ... '. ~. .:y ,... r '.!: . ~"Ia .i ,Ji", ~. ~ " .~ " ,,- ,."..._~,\: ' .....J;:". ,,,,. .i~ . '''. '.c'~ tl --~1-~- ''lfI': ~/(),: . '!ij~fO. )- . 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FIGURE I LSA o PROJECT LOCATION_ ~ COUNTY OF SAN B,ERN~RDINO TfM 16533 Initia' StuifplMifigaled Negative Declaratian Regional and Project Location SOURCE: USGS 7.5' QUAD ~ DEVORE. 1996AND SAN BERN ARpiNO NORTH. 1996 R:\CEU43O\Graphic:s\lniti.1 Study\localion.ccb" (lIfl Ji04) -/ 'I , g " \~ <'l ~ i:>:: ;::l o ~ t: . o . r'~ ~ .... r1 l...' t' t; r t:l ~ ~ r..". f( , '. " ""\\~ ....-,:,"\., '\'\;,---- ,I',::, \. \ , ~\\," ~,. '_')i \. \..:_.~:;... _ ~':. ( \ " ~r: '( \. ' '.\',.l~_ '- "' \ ,,0. ~~:::J: '~_~ ", " ~- -~ - --', "',,', '- ''-'_n._.'' '-._ ' "... , "~ ~'--. ... " "-'-' , "'.', -" "~',.r"-___.__ ' ~::::~- /:'":~-_.~ ~.~~:. o I' ~" ~I"':"" , ::,', , ~'--\.. ~".. !, 11 I, ""...~~3d~~.::- , .~ ~ I 1 ~""'l 'DN"-i....:t..'"" ...._'~~___ _-" , ,..,':"'", J: ~~V~""l~N~~> 'If_~ :,,:;,,~t.w-'_-"'P':: ~~.C;'.. ,_. . ~ , ~-I "?"""ot 0'1- . ^. ."'" 4/"" i u ''''' / c:I ~__, _ < " ~-j ':;c.' ""~k!l.L,o,,, ~,. ',C- ~ ,-> ~-"1Ji'1:--~"., ~I=lfl!l ):$ '-'':.....~Il. -. (/) , --:-;r'--"cf:~ i,'l -;i':k'\. ~-..,c-:"_-!~~. - 'ji}"~'rC~SS~-:=-' --lo<'-.. -',':':l-;- ,,-, . i5 - _-II. '- a~ ...J .....-...~ --n-r-,c: ""--'C::"'r'~"1!.,.~, '1._::-. ^ ,___ ',. , 1!'" ',~ ~" r." J"'~~__ ~ : t: t,. b T L i' f" ~.~. r.. ,..;; ~' ., ". h 1'; r Ct') s:: l:: I t"').!2 ~! \t') Ell.' Ie .. "I ~ ~ ~;I :g ;j '- :l a Q..: ~ ~I ~ !:: ~ .. 0 ~u ~ i- t;; ] ~ I I! - '1 ~ ~ . c , ~ ~) ~ , , . U ! "C.. Z . ; l ~ ] ~ 'i ::> "2 '" ;;: ~ ' ,!=! "'1- !!;I~ :z: _ . ~ '" .. ~I~ '" " , .... ... , < f '" ti ~ [1 ~~ H 1]' .'.'! '" t1 t1 r1 ., . . , l ~ r L.. ...... 1; ...... . ' Ll t' L ti l; (' < . \. w~~.. ~!d- ",0 .. \o~~.. ~e~~ \\ '. II II \ t , I I I ~ M ~ l>: ~ o t;:; ~.g 5 I ~f< E~ ~ c " .2 <:l !: e :.::'-= ~,- ~1 1l::!1 i~ "ii ,~ ~ ""lot. ~ -tI " .;; ] ';; - z o i= o w '" '" '" o a:: o .... ~ I- C=..'__ " ... ~........ z 0 < ""'<f. z .. -. <=' ~CIll: ,~ VJ~ ..ll&l ...... Ill> 0> ::>0...0 I Q1C() I-U =0 :I: 0 U'lz OZ 1&0;:1 ::J::l i ~o 00 qcr: al cr: JI ~ ;;c 00 DO e ...~, ~ -...., :5.<1 i in -1:j' '" 001 '" '-' z'" , '" z -'" ;j ... z'" rIi<i i '" "'0 "'", Zz 0 "'", ~.. '" 0 < .... 0 :t "... -'z ! " ::>0 '" "'0 "'... 'a \~ z Zz z"', 'i: '" ::1< ,......;1 . '" -.. t .. ..'" u'" '-' '-'''' '"'''' < '" ",::> :;:;0 \? '" ",,,, w '" ~ > >:t " or '" "'''' ::> ~ V) '" w 0 C!J[I] ::> ;,I 0 Oi -I '" n ~ I!!..,.. ti .......: f L F k tJ..-.' , ~ p ~:! t ~: Li.' CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Off-site flows from the east will be intercepted by a 24-inch storm drain within Street "B." All drainage flows will ultimately be conveyed to the proposed storm drain to be constructed in Tentative Tract 16502 to the south. Retaining walls will be constructed along ponions of the western and eastern boundaries of the project site. Direct access to the site will be provided from Perrin Drive (future Verdemont Drive), which will be designated as a Local Street. Access to this roadway and the proposed development will be from Magnolia Avenue and a future unnamed street planned within Tract 16502. Standard requirements of the City Fire Depanment will prohibit development of the project site until such time as a second route of dedicated, all- weather access (unnamed street in Tract 16502 or a suitable alternative) has been constructed. Emergency access to nonhern ponions of the project site will be provided via an open cul-de-sac at the end of Street "A:~ 8. Surrounding Land Uses and Setting: The project site is currently vacant. Elevations on-site range from 2,410 feet above mean sea level (amsl) at the site's nonheast comer to 2,010 feet amsl at the southwestern comer. The nonhern ponion of the site contains moderately steep slopes located at the base of the San Bernardino Mountains. The project site is located within the City's HMOD. The southern ponion of the project site slopes gently to the southwest. Ponions of the Alquist-Priolo Eanhquake Fault Zone established for the San Andreas Fault are located on-site. While once used for agricultural operations, the site is not currently used for such purposes. The southern ponion of the project site has been extensively disced. ponions of the project site burned during the October 2003 "Old Fire." Adjacent land uses (Table A) include undeveloped residentially wned propeny (RL; Residential Low) to the east and west; an existing water tank (owned and maintained by the San Bernardino Municipal Water District) to the west; two existing single-family-residentiaJ dwellings to the south; an approved single- family residential development (Tentative Tract 16592) to the southwest; and the SBNF to the nonh_ Table A - Surrounding Land Use and Zoning Location Land Use Designation Land Uses North Re' San Bernardino National Forest South RL Residential East RL Vacant West RL Vacant, existing water tank . I . I. RC: Raource Conscrva.;Clll. Slllll<mudino County t ~', . ,. . L. . . i ~ ~ I t, r 9. Other agencies whose approval is required (e.g., permits, finance approval, or participation agreement): Santa Ana Water Quality Control Board, NPDES Permit U.S. Army Corps of Engineers, Section 404 Permit Regional Water Quality Control Board, Section 401 Permit California DejJanment of Fish and Game, Section 1603 Permit , The determination of whether impacts to drainages will occur andlor the necessity of permits is subject to verification by the U.S. Army Corps of Engineers and the California Depanment of Fish and Game. IS 6 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY . . . ~ . ~ . "' " ...;... !H . , "-' '~ ~ . p L: . ~ r '. . , i t. Ea V L L . t~ ro', r~ .~ . I; t.. W f' f ,,~ [ The following reports andlorstudies have been prepared to support development of the project site and are hereby incorporated by reference: Biological Survey Report, RCA Associates, Inc., July 14,2003. Geotechnicallnvestigalion Ten/ative Tract 16533 - Wollock Property, Sladden Engineering, April 3, 2003. HistoridArcheological Resources Survey Report Tentative Tract No. 16533, CRM TECH, November 24. 2004. Paleontological Resources Assessment Report Ten/alive Tract No. 16533, CRM TECH. November 24, 2004. Results of Phase I Environmental Site Assessment Tract 16533 - Wolloch Property Proposed Residential Development, Proterra Consultng, Inc., November 12, 2004. San Bernardino Kangaroo RaI Assessment and Jurisdictional Delineation Verdemont, San Bernardino County, California, Natural Resources Assessment Inc., July 7. 2003. Surveyfor California Gnatcatcher, RCA Associates, Inc., July 14.2003. WetlandlStreambed Delineation Study Tentative Tract No. 16533, Wolloch Property, Gonzales Environmental Consulting, LLC.. October 2, 2004. These reports/studies are available for review at: Public Service Counter City "of San Bernardino Development Services Department 300 North "0" Street, 3" Floor San Bernardino. California 92418 -- Hours: Monday-Thursday: Friday: 7:30 a.m. - 5:00 p.m. 7:30 a.m. - 4:00 p.m. IS 7 < . . ~. .. E ! (1 I tl I ~ f I r' b T' L r' :; .0: lj"" ~. t~ "'" L L. f. ti 11 CITY OF SAN BERNARDINO DEVELOPMENTSERVlCES INITIAL STUDY ENVlRONMENT AL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. 0 Aesthetics 0 Agriculture Resources ~ Air Quality ~ Biological Resources ~ Cultural Resources ~ Geology I Soils ~ Hazards & Hazardous ~ Hydrology I Water Quality 0 Land Use I Planning Materials ~ Noise 0 Population I Housing 0 Mineral Resources 0 Recreation 0 Transportation I Traffic ~ Public Services 0 Mandatory Findings of 0 Utilities I Service Systems Significance On the basis of this Initial Study, the City of San Bernardino Environmental Review Committee finds: o I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ~ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. -_ o I find that the proposed project MAY have-a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. o I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. o I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. September 7, 2004 Date City of San Bernardino For Signature Printed Name IS 8 ,. k. Ii\; F'" .'; i , , t ~} r, oe JI. t~ f" ~.~ i k . ~, ii- .- . ;-" .::t L , ; ~ CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY I. AESTHETICS - Would the project: a) Have a substantial adverse effect on a scenic vista as identified in the City's General Plan? b) Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? c) Substantially degrade the existing visual character of quality of the site and its surroundings? d) Create a new source of substantial light or glare, which would adversely affect daytime or nighttime view in the area? e) Other: Aesthetics Discussion: Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Incorporation 0 0 181 0 0 0 0 181 o o 181 o o 181 o o o o o o The proposed project will result in the development of 52 single-family dwellings. The proposed on-site uses are consistent with existing, approved, and planned development within the project area. Development of the proposed uses will occur on the gently sloping, southern portion of the site. The northern 19.98 acres of the project site will be retained as natural open space, thereby preserving its existing scenic quality as seen from the south. Because no residential structures are located north, east, or west of the project site, the development of the proposed project will not block any established views from these areas. Because no .view to or from the project site will be significantlY altered by proposed development, impacts associated with this issue are less than significant. I.a The project site is currently vacant. While up to six mature trees will be removed to accommodate the proposed dwelling units, these trees have not been identified as a significant scenic resource. No structure is located on-site, nor is the site located along a State scenic highway. Due to the absence of on-site scenic resources, no impact related to this issue wlll occur. I.b While single-family dwellings will be constructed on the southern portion ofthe site; no !levelopment will take place on higher elevations within the northern portions of the site. The proposed type and scale of uses are comparable to existing, approved, or planned development located within the project area. The proposed water pump station will be located underground on Lot A (approximately 7,500 square feet). Only the access ports to this equipment will be visible aboveground. Lot A will be landscaped to match the character of the proposed development. The proposed project will be required to comply with alI City development and design standards applicable to new residential development; therefore, impacts related to this issue are less than significant. I.c IS 9 [' iiia r t: r '. k r- 1; E f' r.~ t;: . , i Ii., ~ t L ~. ~:'-' ~\ L;. [. < r CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY I.d The project site located in an area designated ("RL") for residential uses, Development of the proposed project will result. through the installation of streetlights and residential lighting. in an incremental increase in the amount of light and glare within the site and adjacent areas, The City's Development Code' includes provisions to reduce the impact of on-site light sources. Adherence to City standards will reduce impacts associated with this issue to a less than significant level. -- City of San Bernardino Development Code, Section 19.20. IS 10 , fo'..' . /':'"t .... ~ , ~~,.:: r' , ~ -. l "'.j ~J ~ it: ~} ~ t'll eo.~.i. .f: . L. . ":-to ~. ". ...-- ~ i~! CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Incorporation II. AGRICULTURE RESOURCES: a) Convert Prime Farmland. Unique Farmland, or 0 0 0 181 Farmland of Statewide Importance (Farmland), as shown. on . the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to a non-agricultural use? b) Other: Conversion of land under a Williamson Act 0 0 0 181 Contract or an active agricultural use to a non- agricultural use? Agriculture Discussion: n.a While land south of the project site is designated as "Grazing" or "Urban," the project site is designated as Zone Z (an area not mapped) by the Department of Conservation, Farmland Mapping and Monitoring Programl. Based on the designation of mapped areas adjacent to the project site, the topography of the site, and the similarities in soil composition, iL~n be inferred no Prime. Unique, or Statewide Important farmland is located on-site. As no conversion of such farmland will occur, no impact related to this issue will occur. n.b Because no agricultural operations occur on-site. and because no Williamson Act contract is in effect for the site, the proposed project will not result in the conversion of an active agricultural use Of. Williamson Act contract area to a non-agricullural use. No impact related to this issue will occur. California Depanment of Conservation, Farmland Mapping and Moniloring Program, 2002. f" IS 11 , CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Potentially Significant Impact Less Than Significant With Mitigation IncotpOralion No Impact Less Than SignifICant Impact , III. AIR QUALITY - Would the project: n Ii P b to:: L " i. .:-,: ~ F.; : ~ 'j \ t o o o 181 a) Conflict with or obstruct implementation of the applicable air quality plan? (South Coast Air Basin) b) Violate any air quality standard or contribute substantially to an ex isting or projected air quality violation based on the thresholds in the SCAQMD's "CEQA Air Quality Handbook?" o 181 o o c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions, which exceed quantitative thresholds for ozone precursors)? o 181 o o d) Expose sensitive receptors to substantial pollutant concentrations? o o 181 o '- e) Create objectionable odors affecting a substantial number of people based on the information contained in Project Description Form? o 181 o o f) Other: Affect the local climate? o o 181 o , ~ Air Quality Discussion: r<r ~ L i, f ? i.:i P' i;: L . , t~ r .. .- m.a The project is located within tlie South Coast Air Basin (SCAB) and is within the jurisdiction of the South Coast Air Quality Management District (SCAQMD). The SCAB is bounded by the Pacific Ocean to the west and the San Gabriel, San Bernardino, and San Jacinto Mountains to the north and east. The SCAB region includes all of Orange County and the non-desert portions of Los Angeles, Riverside. and San Bernardino Counties. The current regional air quality plan is the 2003 Air Quality Management Plan (AQMP) adopted by the South Coast Air Quality Management District on August I, 2003. The 2003 AQMP updates the attainment demonstration for the standards for ozone and PMIO. replaces the 1997 attainment demonstration for the Federal carbon monoxide (CO) standard, provides a basis for a maintenance plan for CO for the. future. and updates the maintenance plan for the Federal nitrogen dioxide (N<>2l standard that the South Coast Air Basin (Basin) has met since 1992. The SCAB is currently a Federal and State non-attainment area for PM10 and ozone. The proposed project would not conflict with or obstruct implementation of any of the control measures established in these air quality plans. The AQMP provides for growth (development) so long as any impacLS associated with such development are adequately mitigated. Because the construction-related emissions resulting from the proposed project are reduced to a IS 12 r- "',~ , f' E, L. ,. L; r ;. J' '. , "."" ....-... ~; U M r" ~ 1 ." ; ; , . . .. T"'- . ~ .l.. ~. f.; ~... '-.,' ~", , ~ .... i. t;' ~.. H r CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY less than significant level (with implementation of Mitigation Measure AIR. I), and because operational emissions do not exceed SCAQMD thresholds; the development of the proposed residential uses will not interfere with implementation of the AQMP. No impact related to this issue will occur. IILb Grading and construction activities at the project site will result in localized increased levels of emissions and paniculates. The project will also generate increased vehicle trips in the project area, leading to increased operational emissions and air pollutants. The SCAQMD has developed the CEQA Air Quality Handbook (2001) that establishes suggested signifICance thresholds based on the volume of pollution emined. According to the Handbook, any project in the Basin with daily emissions that exceed any of the following thresholds should be considered as having an individually and cumulatively significant air quality impact: . 55 Ibs. per day of ROC (reactive organic compounds) (75 IbsJday during construction) 55 Ibs. per day of NOx (oxides of nitrogen) (100 IbsJday during construction) 550 Ibs. per day of CO (carbon monoxide) (550 IbsJday during construction) 1501bs. per day of PM 10 (150 IbsJday during construction) 150 Ibs. per day of SOx (oxides of sulfur) (150 ]bsJday during construction) . . . . Equipment Exhausts. During the construction phases of development, on-site stationary sources, heavy- duty construction vehicles, construction worker vehicles, and energy use will generate emissions. Exhaust emissions during the construction activities envisioned on-site would vary daily as construction activity levels change. _'. Fugitive Dust. Fugitive dust emissions are generally associated with demolition, land clearing, exposure of soils and cut and fill operations. Dust generated daily during construction would vary substantially, depending on the level of activity, the specific operations, and weather conditions. The SCAQMD estimates that each acre of graded surface creates about 26.4 pounds of PM,o per workday during the construction phase of the project and 21.8 pounds of PM,o per hour from dirt/debris pushing per dozer. It is assumed that up to four acres of land would be exposed during grading on any given day. It is also assumed that one dozer would be used eight hours a day. together with other equipment Therefore, a maximum of 280 pounds of PM,o per day would be generated from soil disturbance{without mitigation) during construction. Based on similar construction projects, the emissions associated with site grading and the construction are estimated in Table B. During peak grading days, daily total construction emissions without mitigation measures would exceed the SCAQMD threshold for PMIO. With the implementation of the standard conditions such as frequent watering (i.e., minimum twice a day), Which reduce fugitive dust emissions by approximately 50 percent, fugitive dust emissions from construction activities are, expected to be reduced to 140 pounds or less per day. Combined with the 6 pounds per day of PM,o generated by equipment exhaust, the total mitigated dust emission of 146 pounds per day would be below the SCAQMD threshold of 150 pounds per day. When properly coordinated, construction equipment emissions would nOI exceed the daily thresholds for the criteria pollutants of NOx, ROC, CO, SOx and , PMJl). IS 13 , r ~ r , ~ ' f [.' '-'; 'i"' ':';i l~ f; ~~ "'.- f.,', ~ . E . .--', 5 L. . , 1 I; 5 I L CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Table B - Summary of Emissions from Construction and Grading Operations POLLUTANTS (Ibs1day) CO ROC NOs SOS PM,. Construction Emissions 36 7 73 7 6 SCAQMD Construction Threshold 550 75 100 150 150 Slanifkllnt! NO NO NO NO NO Fugitive Dust Emissions - - - - 280 Peak Grading Day Emissions without Mitigation 36 7 73 7 286 (Construction Emissions + Fugitive Dust) Slanlflcant without Mitigation! NO NO NO NO YES Peak Grading Day Emissions with Mitigation 36 7 73 7 146 (Construction Emissions + Fugitive Dust) Significant with Mitigation? NO NO NO NO NO Source: LSA Associates' Inc. 2000. AssUllleS operation of the following: I tracked loader, I tracked dozer, I scraper, I roller, and 2 miscellaneous pieces of equipment. In order to mitigate for potential construction-related air qualily impacts. the City requires Ihe preparation of a PMIO management plan. which is reviewed and approved by the Public Works Division. In addition. the project proponent shall incorporate the following measures into the project. Adherence to these measures will reduce total daily construction emissions of PM,o below the SCAQMD threshold. The other four air pollutant emissions would be below the daily thresholds established by the SCAQMD without mitigation. ~- AIR-l The project shall comply with the requirements of SCAQMD Rules 402 and 403. Fugitive Dus\, which requires the implementation of Reasonable Available Control Measures (RACM)'for all fugitive dust sources. and the AQMP. which identifies Best Available Control Measures (BACM) and Best Available Control Technologies (BACT) for area sources and point sources. respectively. This would include but would not be limited to the following actions: I. The project proponent shall ensure that construction equipment is properly maintained and serviced to minimize exhaust emissions. 2. The project proponent shall ensure that existing power sources. are utilized where feasible via temporary power lines 10 avoid on-site power generation. 3. The project proponent shall ensure that construction employees be informed of ride sharing and transit opportunities. 4. The project proponent shall ensure that any portion of the site to be graded shall be prewatered to a depth of three feet prior to the onset of grading activities. 5. The project proponent shall ensure that watering of the site or other soil stabilization methods shall be employed on an ongoing basis after the initiation of any on.site grading activity. Portions of the site that are actively being graded shall be watered regularly to - ensure thal.a crust is formed on the ground surface, and shall be walered at the end of each workday. 6. The project proponent shall ensure that all disturbed areas are treated to prevent erosion until the site is constructed upon. IS 14 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY -. 7. To reduce the potential for wind erosion, the project proponent shall ensure that landscaped areas are installed as soon as possible. 8. The project proponent shall ensure that SCAQMD Rule 403 is adhered to, ensuring the cleanup of construction-related din on approach routes to the project site. 9. The project proponent shall ensure that all grading activities are suspended during first and second stage ozone episodes or when wind speeds exceed 2S miles per hour. 10. All on-site structures shall conform to the energy use guidelines in Title 24 of the California Administrative Code. [. lrJ ~'~: . In accordance with SCAQMD and the California Air Resources Board (CARB) directives for review of air quality impacts from land use projects, build out year mobile source emissions were compared to those from existing uses through the URBEMIS 2002 model. The analysis assesses the mobile source emissions generated by vehicles driving to and from the proposed land uses, as well as area source emissions generated by project heating and electrical systems. The underground water pump station will run on electricity and will contribute negligibly to the total level of operational emissions. R b ~. ,. t; As shown in Table C. operational air quality emissions resulting from the proposed project are below SCAQMD levels of significance. ~ POLLUTANTS Obslclay) CO ROC NOs SOli PM.. Operational Emissionst.2 73 8.6 6.3 0.07 5.0 SCAQMD Threshold 550- 55 55 150 150 Signiftcant? NO NO NO NO NO Table C - Summary of Operational Emissions m f; t. Assumes WOrsl-Case scenario (summer temperatures: CO, ROC, SO., and PM,.,; winter temperatures: NOx). 2. Combined heating. electrical. and vehicular emissions. Source: LSA Associales, Inc. 2004 ~. In addition. the CEQA Handbook indicates that changes in the vehicular traffic level of service (LOS) at intersections affected by a project could result in potential carbon monoxide (CO) hotspots and potential operations-related air quality impacts. Because of the limited number of daily or peak hour (39 a.m. peak hour and 53 p.m. peak hour) vehicle trips. the proposed project will not significantly alter levels of service at any intersection. The proposed project will nOl result in significant long-term adverse impacts related to air quality. bi .r m.c As per the discussion for item m.b above, the project is in a non:attainment basin for PM,o and ozone. Adherence to Mitigation Measure AIR-} will reduce the potential cumulative air quality impacts of the proposed project to a level of less than significant. . W".'" m.d Sensitive receptors are defined as populations that are more susceptible to the effects of pollution than the populatio'.l at large. The SGAQMD identifies the following as sensitive receptors: long-term health care ~~ facilities, rehabilitation centers, convalescent centers, retirement homes. schools, playgrounds, child care centers. and athletic facilit ies. ~; ~. IS 15 ~ .' m.e ~ ~ mJ '. < n L ~~ rj E r .~ c.: V' ! $ '. ~' ~ . r , , . " , ,-, (, \.~ . f. u f: L f CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY During construction, fugitive dust will be generated during on-site grading. Land to the north, east, and west of the project site is currently vacant. Tentative Tract 16502, located southwest of the project site. and two existing single residential homes south of the proposed project site may be exposed to fugitive dust generated on-site. The implementation of Mitigation Measure AIR-. will reduce potential impacts to sensitive receptors to a less than significant level. During construction, diesel-powered vehicles and equipment in use on the site would create odors. Additionally, the application of architectural coatings and installation of asphalt may generate odors. These odors are temporary and not likely to be noticeable beyond the project boundaries. Standard SCAQMD standards regarding the application of architectural coatings and the installation of asphalt surfaces are sufficient to reduce temporary odor impacts to a less than significant level. The total project acreage is approximately 37.2 acres; however, approximately 20 acres of the project site will remain undeveloped, With the development of approximately 17 acres, the proposed project is too small to alter the climate of the surrounding area. Construction of the proposed development would not affect existing local air movement patterns or climatic conditions as they currently exist within the project area; therefore. no impact related to this issue will occur, '" IS 16 L f.! OL r t. ' r.... t t, ~J F ....;: I ~" ". "'" ...~ ! .' < CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY IV. BIOLOGICAL RESOURCES - Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) throug/! direct removal, filling, hydrological interruption, or other 'means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional or state habitat conservation plan? - f) Other: Removal of trees? Potentially Significant Impact o o o o o o Less Than Significant With Mitigation Incorporation o o o ~ o o Less Than Significant Impact ~ o ~ o o ~ No Impact o ~ o o ~ o Biological Resources Discussion: L IV.a Based on Figure 41 (Environmental ResourceslHazards Composite Overlay map) of the City's General Plan, the project site is located within a Biological Resources Overlay. A General Biological Resources . Reponl and - focused San Bernardino kangaroo rat assessment and jurisdictional delineation2 were , I ! - ~ lc [ I 2 Biological Surwy Rtpon, RCA Associates, Inc., July 14,2003. San BemJJrdino Kangaroo Rat Ass"sment and Jurisdictional Iklinea,ion Verdemont. San Bemardina County, CAlifomitJ, Natural Resources Assessmenllnc., July 7, 2003. IS 17 ~ P L f' ~ . . E: ~ t~ t.: t~ . , . L ;,., .~ f L ~- ~ . .... . t r CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY prepared to assess potential biological resource impacts that may result from development of the proposed on-site uses. Common mammal species observed during the biological resource surveys included California ground squirrel (Spermophilus beecheyi), desert cottontail rabbit (Sylvilagus audubonii), coyote (Canis latrans), and Botta's pocket gopher (Thomomys bottae). Birds species observed on-site included red-tailed hawk (Buteo jamaicensis), American robin (Turdus migratorius propinquus), house finch (Carpodacus mexican us), Anna's hummingbird (Calypte annal, northern mockingbird (Mimus polyglottos), and house sparrow (Passer domesticus). A limited number of reptilian species, including the western fence lizard (Sceloporus occidentalis) and the granite spiny lizard (Sceloporus orcuttii orcuttii), were also observed on-site. The project site was evaluated for the presence of habitats that may be utilized by the sensitive species known to occur in the project area. Based on this evaluation, it was determined that focused biological surveys were required to ascertain the presence or absence of the federally threatened California gnatcatcher (Polioptila califomica califomica) and endangered Nevin's baIberry (Berveris nevinii). Additionally, it was determined that the project site may contain habitat potentially suitable to the San Bernardino kangaroo rat (Dipodomys merriami parvus). A supplernentalliterature search determined that there are eight other listed species known from the region (reported by the CDFG Natural Diversity Data Base for the San Bemardino North and Devore 7.S-minute quadrangles in June 2004). The site does not contain suitable habitat for the following listed species: . Slender-homed spineflower (Dodecahema lep/oceras) . Santa Ana River woollystar (Eriastrum densifolium ssp. sanctorum) ~- . . Mountain yellow-legged frog (Rana muscosa) . Delhi sands flower-loving fly (Rhaphiomidas termina/us abdominalis) . Marsh sandwort (Arenaria paludicola) . Santa Ana sucker (Catas/omus san/Danae) . Western yellow-billed cuckoo (Coccyzus americanus occiden/alis) . Salt marsh bird's-beak (Cordylan/hus mari/imus ssp. maritimus) . Gambel's water cress (Rorippa gambellii) There are other species that are riot listed as threatened or endangered by the Federal or State governments that are published in watch-lists of declining or "sensitive" species. Three mammalian species that may occur on-site - the northwestern San Diego pocket mouse (Chae/dipus fallax), Los Angeles pocket mouse (Perogna/hus longimembris brevinasus), and San Diego desert woodrat (Neotoma lepida) - are each designated as California Species of Special Concern (CSe). Per Section,670.S, Title 14 of the California Code of Regulations!, these species are not designated as rare, threatened, or endangered. The California Native Plant Society (CNPS) maintains a list of declining plant species. However, none of the plant species observed on.site during the biological survey report is listed by the CNPS as deClining. Based on the surveys of the project site, no populations of Nevin's barberry were located on.site. ' California Codo of ROlulations, www.calrccuom. silO accossed on June 17,2004. IS 18 t' . J. ~' r- , ~ .', 0;. ~..., t.' r f . . - ".. (~ ~ ~~ , .. l=i "". ! 'l..., . ... ,. , L r &1 f: !.. CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY The project site is not located within an area proposed or designated as critical habitat for the coastal California gnatcatcher. Such habitat does exist immediately south and approximately 0.2 mile west of the proposed project site. While not located within critical habitat, approximately 10 acres within the southern portion of the site may be suitable for this species. As required by the U.S. Fish and Wildlife Service (USFWS), protocol surveys for the coastal California gnatcatcher were conducted over a six-week period in May and June of 2003. Despite the presence of suitable habitat, the coastal California gnatcatcher was not observed during the protocol surveys. While the development of the proposed project would result in the loss of approximately 10 acres of coastal California gnatcatcher habitat, because of its absence from the site, no significant impact to the coastal California gnatcatcher would occur. The site is not located within the federally designated critical habitat established for the. San Bernardino kangaroo ral. Based on a habitat assessment, the project site does not support suitable habitat for this species. Because no sensitive, threatened, or endangered species are located on-site, and because the northern 20 acres of the site will be retained in a natural condition, no significant impact to candidate, sensitive, or special status species will occur. N.b-c Vegetative communities located on-site include chamise on the hilly northern portion of the project site; and a mixed sage/annual grassland community on the southern portion of the site. Riparian vegetation is located along the main drainages. The mixed-sage/grassland community is in a disturbed condition resulting from off-road vehicle activities, discing for fire prevention, dirt roads, and illegal dumping. Dominant species in the chamise community include chamise (Adenostoma fasciculatum), black sage (Salvia mellifera), and ceanthos (ceanthos sp.). The mixed sage/annual grassland community is dominated by California sage (Artemisia califomica), black sage, white sage (Salvia apiana), ripgut grass (Bromus diandrus), and deerweed (Lotus scoparius). Grasses include bromegrass (Bromus diabdrus), avena (Avena sp.), red-stemmed filaree (Erodium C1cutarium), and mustard (Hirschfeldia sp.). The July 2003 San Bernardino kangaroo rat assessment and jurisdictional delineation stated that riparian areas .....occur along the main drainages and in the northern of the site." The project site was burned during the October 2003 "Old Fire." A site visit was conducted on June 17,2004, by an LSA biologist to determine the extent of riparian habitat that would be impacted by development of the proposed project. Aerial photographs of the project site (Eagle Aerial 2001) were also assessed to determine the extent of riparian habitat prior to the Ocl<lber 2003 wildfire. -- Most of the larger trees and shrubs were burned; however, most trees are resprouiing and are identifiable. Smaller shrubs and annuals within the coastal sage scrub and non-native grassland communities have already resprouted or germinated since the fire. There was no evidence of smaller native riparian annuals and smaller shrubs within the project area (non-native castor bean [Ricinus communis] and giant reed [Arundo donax] was observed during the site visit). -Further, all of the drainages within the preserved hillside, except for the one at the northwest comer, consist of burned remnants of the chaparral community. The drainage that cuts across the cornerllf the northwest property boundary consists of larger riparian trees. It is likely that there is scattered riparian vegetation (consisting of mule fat [Baccharis salicifolia], red willow [Salix laevigata], and arroyo willow [Salix lasiolepisl, per the Natural Resources Assessment [NRAI report) throughout the northern drainages that will be preserved. There !s less than one quarter of an acre of riparian habitat that exists within the proposed project, in the open space area. Based on this assessment, no impact to riparian habitat will result from the development of the proposed project. IS 19 l'tL;; ..". . P J ,~ L: r- , , i. ~'_. ~ I '" ~ ;,~ .-; , : ~- , ~ ~- ~ , ,. ;.," " . -; ~- .. CITY OF SAN BERNARDINO DEVELOPMENTSERVlCES INITIAL STUDY According to the July 2003 delineation. no jurisdiction wetlands are located on-site. A subsequent delineation I was conducted in September and October 2004 to determine the areas of the site that would be subject to U.S. Army Corps of Engineers (Corps). California Department of Fish and Game (CDFG), and/or Regional Water Quality Control Board (RWQCB) jurisdiction. The later delineation identifies a "blue-line" stream (Figure 4) within the area of the property that will not be developed. The channel of this stream is bisected by a water tank that is located west of the property boundary. Waters of the U.S. within this area total 0.03 acre. Renmant drainage swales have historically transported water through the project site during storm events. Due to the construction of fire roads. these flows have been redirected so that the renmant drainages no longer transport flows. The soil. vegetation. and characteristics of these renmant swales do not indicate they qualify as jurisdictional drainages. Based on the jurisdictional delineation; no impact to wetlands will result from development of the proposed project. As established in Mitigation Measure GEO.3. the final determination on the status of on-site drainages rests with the appropriate permitting agencies. Adherence to this measure will be required prior to the commencement of project grading; no significant impact related to this issue will occur. IV _d The proposed project is located at the foothills of the San Bernardino Mountains. The site is bordered by development to the southeast. Since the project is at the north end of residential development in the City of San Bernardino. the site may provide limited foraging ground and localized movement for wildlife who are using the site as part of an east-west movement route at the base of the foothills. The site is not part of a north-south movement route due to development to the south that restricts wildlife movement. -- There would be an incremental loss to wildlife hapitat through the development of the proposed project; however. the portion of the site to be developed consists mostly of non-native grasslands_ The native coastal sage scrub and chaparral habitats along the hillsides would be preserved and will continue to provide wildlife foraging and function as a wildlife movement route. The project will not have impacts to native habitat fragmentation. The project will contribute to the incremental encroachment due the expansion of development within foothill areas in the City; however. impacts to regional wildlife movement associated with this project would not be significant. The project site may be utiliied by nesting birds during breeding season (March f5 - September 15). Mitigation Measure BIO-l has been identified to reduce potential impacts to nesting birds to a less than significant level. BIO.} If site clearing and grading activities occur within the nesting period (March 15 - September 15). a certified biologist shall conduct a nesting bird survey prior to any ground disturbing activities. The nesting survey shall take place over three consecutive days one week prior to the start of ground disturbing activity. Ground disturbance shall not be permitted within 100 feet of any nesting activity. All site clearing and grading shall conform to applicable provisions of the Migratory Bird Treaty Act. IV.e The project site is not located within a Habitat Conservation Plan or Natural Community Conservation :i.l Plan. No impact related to this issue will occur. f. , *. h It Wttland!Strtambtd Dtlintalion Study Ttntalivt Tracl No. 16533. Wolloch Proptrry. Gonzales Environmental Consulting,lLC. October 2, 2004. IS 20 w f; ..., .' ~ ii.. f~ it' .... R r"' "" ji..-'~ . ' . , . ~. ~ .-, T , ;;. /.c., ,.,.; . :; L ~'i ;;; ~ " CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY IV.f The City has a tree removal policy which states that if more than five trees are to be removed, a tree removal permit application must be submitted to and approved by the Cityl. The City typically requires a replacement ratio at I: I for all removed trees. Development of the proposed project will require the removal of six trees within the project footprint (along Lots 12, IS, 16, and 17) (Figure 4). Six additional eucalyptus trees and two walnut trees are located nonh of Lots 14 through 18, and are nol within the project footprint. A City Tree Removal Permit will be required for the removal of the six trees within the project footprint and for any additional trees that may need to be removed. Adherence to City requirements related to the removal and/or replacement of trees (including a pre-permit tree survey) will reduce potential impacts associated with this issue to a less than significant level. City or San Bernardino Municipal Code, Section 15.34. IS 21 ..- ! o \: r- t - - ..~ f , f ,-. ~\< F. L1 ~~~ ~<-' , . . :'1 t: ~ l.j ~ ""--'-- ,., H -:;-.....,:., ...c,',"-. ~0.-"'.\ ".' 11\"<",.., \.'A_ "_ ""'])1 \ i' '~;;... )/ \ \\ ~t. I ". '- '''',''''='.2.~_ .. ". \ '. lDu... " \ \. "<t. " ",,\~~ ""~"""'''' " ~.- . , . '''. """- '\.- .'....., ......--. "", " .-...."-----------~--_. (':::=-.:::::~=: f ... r! l: '-~ -~-~"- ':1 ~ "; " ,-, N ~ ~\ ;', ,..,' ~ I.:,. d -.", ~:1 ~ .... ~ '" ::::> o - ~ C't) s: ~ _ 0 _ It-):.c .... (,Q e ~ - " ::c ~ ~ c ~ .~ '- ~ t~ ~ .- :";,,, """tl ~ C .~ ce - .. '- " ~ ~ ]'~ I '" " - - " u, :-e ~! s: l.i-o : - <: ;i 6:1 " - r;; 0; ::l - Po " u C o U -< (/) -' - . , .. ~ !" . 1 ~ ~ '"' '-c- () ~ '.. '" ~ ~. '" ~ . o O.c W =; zi: ~ ! :;:0 fIi U'J1: 1= ~ ~ "'1. I- _ ~t ~ ~~ ~ ::l ~;; lIJO ::l o~ < w~ v.a ""0 :t: l:lI: ~ ~ "-lo Z ~z w "N < C t=.I ::!t < . - ZC,J ... z:i IX ;:5< :r:: <~ :; A. Q' :.To: ~~ ~ ;l -< ~ ~~.~ ~ ::l e ~ , . :; i 1 . .. . . ... ] '" ] :5 " " Ci [ ~ ., ::! "' \I j,i. f'" ~- " ~ W t.~'? i... r , . t~ ~ , t--";O R f..l~ ~ t'.. , t , , . it !' 1_ ( . ; <. .." "I.'. ',' .... .Ie ;!A CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Potentially Significant Impact Less Than Significant With Mitigation Incorporation No Impact Less Than Significant Impact V. CULTURAL RESOURCES - Would the project: a) Be developed in a sensitive archaeological area as identified in the City's General Plan? o 181 o o b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to ~15064.5 ofCEQA? o 181 o o c) Cause a substantial adverse change in the significance of a historical resource as defined in U5064.5 ofCEQA? o o o 181 d) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? o o o 181 e) Disturb any human remains, including those interred outside of formal cemeteries? o o o 181 -'- f) Other: o o o o Cultural Resources Discussion: V.a-e Figure 8. of the City's General Plan, identifies the project site as being within an area of concern for archaeological resources. One previously recorded historic period site was identified in the eastern portion of the property. This site (CA-SBR-7054H), first recorded in 1991, consists of two concrete-and-rock cisterns, two earthen reservoirs, and two stacked rock retaining walls. as well as segments of riveted-steel irrigation pipe, landscape trees, and a refuse scatter of glass and tin can fragmentst. Two isolated historic- period bottle fragments were observ~d several hundred feet south of the previously recorded site. A "historic resource" includes, but is not limited to any object, building, site, area, place. record, or manuscript which is historically or archeologically significant, or is significant in the architectural. engineerinp, scientific, economic, agricultural, educational, social, political, military, or. cultural annals of California. CEQA mandates that Lead Agencies consider a resource to be "historically.significant" if it meets the criteria for listing on the California Register of Historic Resources. Such resources meet this requirement if they are (I) associated with events that have made a significant contribution to the broad patterns of<;:alifornia history, (2) associated with the lives of important persons in the past, (3) embody distinctive characteristics of a type, period, region, or method of construction, and/or (4) represent the work of ail important creative individual or possesses high artistic value. 2 A Cultural Resource Su....y of a 2j.8 ACT< Tract of Land Designated as Tentative Tract No. 14473 ill Cajall Pass. San Bernardino County. CA. Research Associates, September 1991. Public Rewurces Code, Section 5020.] (j). IS 23 . ~ I~ Ii., 11 [i '1: [~ II I F .. L . . til f" 0" L . , ..~, [, t .. ~..~ CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY The 1991 cultural resource survey detennined that the site was not eligible for inclusion on the National Register of Historic Places, An archeological records and literature search and an archeological field survey of the project site were conducted in October and November 2004. The finding of this most recent archeological survey concurred with the finding of the 1991 survey that the site was not historic or archeologically significant. Funhennore. based on the site's lack of potential for archeologicallhistoric data and the loss of historic integrity, neither the recorded site nor the two isolates meet the definition of a "historic resource" under CEQA.1 The features recorded during the 1991 and 2004 field surveys are not connected with local historic personalities, lack historic integrity, and are of common design and utility. There are no known unique ethnic or cultural values associated with the site, nor are there any religious or sacred uses associated with the project site. Development of the proposed residential uses will result in the elimination of the previously recorded resource. CEQA establishes that a significant effect on the environment would occur where a project causes a "substantial adverse change in the significance of a historic resource." Because the resource is not a "historic resource" and is not eligible for listing on either the National Register of Historic Places or the California Register of Historic Resources, no significant impact resulting from the development of residential and/or elimination of the resource will occur. To ascertain the potential for on-site paleontological resources, record searches of the Regional Paleontological Inventory at the San Bernardino County Museum and the Natural History Museum of Los Angeles County were conducted. No known paleontological localities are located on or adjacent to the project site. A field survey, conducted in accordance with the guidelines established by the Society of Vertebrate Paleontology, was also completed for the project site. No visible evidence of on-site paleontological resources was identified during-lhe field survey.2 Based on the records search, literature search, andneld survey, the paleontological assessment concluded there is a low potential for paleontological resources north of the San Andreas Fault and a moderate to high potential for such resources south of the fault. No evidence is in place to suggest the project site has been used for human burials. The California Health and Safety Code (Section 7050.5) states that if human remains are discovered on-site, no further disturbance shall occur until the County Coroner has made a detennination of origin and disposition pursuant to Public Resources Code Section 5097.98. As adherence to State regulations is required for all development, no mitigation is required in the unlikely event human remains are discovered on-sileo While no significant on-site historic, archaeological, or paleontological resource has been identified within the project limits, site clearing and grading activities may expose previously undetected or unreponed archaeological or paleontological resources. Adherence to the following measure will reduce potential impacts related to this issue to a less than significant level. CUL.l Prior to the commencement of ground-disturbing activities, the project applicant shall provide evidence to the City that a qualified (as detennined by the City) archaeologist and/or paleontologist has been retained to monitor ground-disturbing activities. The qualified archaeologist and/or paleontologist shall be on-site during any ground-disturbing activities. In the event any archaeological, historical, or paleontologic resource is uncovered during the I 2 HiSloricoVArc:h.%gico/ Resources Survey R.port T.nloli"" TrocI Nt). 16533. CRM 'lECH. November 24. 2004. Po/.on/t)/t)gicoJ Rest)urc:es ......sessm.n/ R.port T.n/od"" Tracl Nt). 16533. CRM 'lECH. November 24.2004. ]S 24 ~---"'"~~~-'- .., j , t' o \ n,,; Iii IJ L' ,.~ ~. I: ~,-,,' .. ,~ & ~ r ~ t.' r ...i fZ r' , L 1 't. . it. " ~ ... .. i 'j r CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY course of the project development, ground disturbing activities in the vicinity of the find shall be redirected until the nature and extent of the find can be evaluated by a qualified monitor. Any such resource uncovered during the course of project related grading or construction shall be recorded andlor removed per the recommendations identified in the archeological and paleontological resource assessments andlor applicable City andlor State regulations. -- ]S 25 iX ~ ~ " ... f' . . r-~ ~:~ l}; I.'.' :( .f -l t';l ,~ l' to." l.;.s ~ r': i:' L_ f L.:. f .J .t' , . ~ CITY OF SAN BERNARDINO DEVELOP~{ENTSERVICES INITIAL STUDY Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Incorporation VI. GEOLOGY AND SOILS - Would the project: a) Involve earth movement (cut andlor fill) based on 0 0 ~ 0 infonnation included in the Project Description Fonn? b) Expose people or structures to potential substantial 0 ~ 0 0 adverse effects. including the risk of loss. injury. or death? c) Be located within an Alquist-Prio]o . Earthquake 0 ~ 0 0 Fault Zone? d) Result in substantial soil erosion or the loss of 0 ~ 0 0 topsoil? e) Be located within an area subject to landslides. 0 0 ~ 0 mudslides. subsidence. or other similar hazards as identified in the City's General Plan? ~~ f) . Be located within an area subject to liquefaction as 0 0 0 ~ identified in the City's General Plan? g) Modify any unique physical feature based on a site 0 ~ 0 0 survey/evaluation? h) Result in erosion. dusl, or unstable soil conditions 0 ~ 0 0 from excavation. grading, fill, or other construction activities? i) Other: 0 0 0 0 Geology and Soils Discussion: VI.a Implementation of the proposed project will require the grading of approximately 17.22 acres. Grading operations will result in the "cut" and "fill" of 86,000 and 110,000 cubic yards (cy) of soil, respectively. To balance project grading. 24,000 cy of soil will be imported from Tentative Tract ]6502, located directly south of the project site. Prior to the issuance of grading permits, the project proponent will be required to' prepare and submit detailed grading plans for the project site. These plans must be prepared in confonnance with the applicable standards of the City's Grading Ordinance and the California Building Code (CBC). As adherence to the requirements of the City's Grading Ordinance, CBC, and conditions set forth in the grading pennit are required prior to the commencement of on-site clearing and grading activities. no significant grading-related impact will occur. No additional mitigation is required. 1526 p" . r. ~"J! V. ~ .' c...... r.- ~ ~ y: ..i r Ii I I L ...j .' .. r L ~ - ~.... . - ~. 2 " 3 , I:..;' l' ~ ..... CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY VI.b-c Fault rupture is the most easily avoided seismic hazard. The Alquist-Priolo Earthquake Fault Zoning Act (Act) mitigates fault rupture hazards by prohibiting the location of structures for human occupancy across the trace of an active fault. The Act requires the State Geologist to delineate ''Earthquake Fault Zones" along faults that are "sufficiently active" and "well defined." The boundary of an "Earthquake Fault Zone" is generally 500 feet from major active faults, and from 200 to 300 feet from well dermed minor faults. The mapping of active faults has been completed by the State Geologist. These maps are distributed to all affected cities, counties, and State agencies for their use in developing planning policies and controlling renovation or new construction. The geotechnical investigation prepared by Sladden Engineeringl states the San Andreas Fault and its corresponding Alquist-Priolo Earthquake Fault Zone trend across the northern portion of the project site. Based on the fault mapping conducted by the State2, no proposed structure is located on or directly adjacent 10 the identified trace of the San Andreas Fault, or within the Alquist-Priolo Earthquake Fault Zone (Figure 5). The City is situated in a seismically active area. Ground shaking is expecled to the primary hazard likely to affect the project. In addition to the San Andreas Fault, the Cucamonga and San Jacinto Faults are located within 5.0 miles of the project site. The maximum earthquake events on the San Andreas, Cucamonga, and San Jacinto Faults are estimated at 7.4, 7.3 and 6.7 magnitude, respectively. The project site is located in Seismic Zone 4. Adherence to standards set forth in California Building Code (CBC), as required by the following mitigation measure, will reduce potential ground shaking impacts to a less than significant level. GEO.l The design and construction of all structures and facilities within the project limits shall be in accordance with the regulations and recommendations established in the California Building Code and the geotechnical investigation. ~'- VI.d Figure 53 of the City's General Plan, identifies the project site as being located in an area susceptible to high winds and wind erosion. As stated in the resPonse to Checklist Question VI.a, the proposed project will require the movement of on.site soils. Soils on the southern portion of the project site consists primarily Hanford coarse sandy loam (HaD)3, which occurs on slopes of 9.15 percent; and Tujunga gravelly loamy sand (TvC), which occurs on slopes of 0-9 percent. There is a medium to high potential for erosion on Hanford soils; and a slight erosion potential on Tujunga soils. Development of the site is in excess of one acre; therefore, the proposed project is required to obtain a National Pollutant Discharge Elimination System (NPDES) permit as well as submitting a Storm Water Pollution Prevention Plan (SWPPP) to address erosion and discharge impact associated with the proposed on-site grading. In addition to compl~ing with the NPDES permit, the project proponent will comply with grading and erosion control measures (including the prevention of sedimentation or damage to off-site property) set forth in Chapter 15 of the City's Municipal Code. Adherence to the following mitigation measure and applicable provisions of the NPDES permit will reduce potential erosion impacts 10 a less than significant level. ' GEO.2 An erosion control plan shall be prepared and implemented prior to the commencement of on- site grading activities. The plan shall identify specific measures to control on-site and off-site erosion during the entire grading and construction period. The erosion control plan shall at a minimum include;the following measures: Ceorech.ica"...stigation Te.tati.. Tract 16533 - Wollack ProfHrty, Sladden Engineering, April 3, 2003. SfHcial Studi.. ZO.... San Bunardi.o Norrh QUtJdra.gk 1:24.000, California Depanmcnt of Mines and Geology. July t. 1974. Soil Su""Y of SDn B".ardioa Cou.ty. Sou,hwwem Part. Califomia. United 5,.... Depanmenl of AgricullU",. Soil Conserv.'ion Service, 1980. IS 27 ~,- l:::..; ~ ~ ~J , . . . ~ , .~ !j L P L:i I.'.S m E n fi Ii r.', ' ~ ,. ,. '"i ~~' ,",""", !';. U '.,r r' U . (:' r, !OJ ~:"1 , f. c \: on l<.I ~ ;:J o - l:. f- 1:j o ... ~''''''-y.:. ~'-:~~':~'.,., ',\\..<'~ ..~'f\' '\\..n "'_ '+'. i'~' . /.::'\ \,'\'O~ '. ...~ : , '".... ... . \. '..: a:- ""\\ "ca, ~, " ,~.:z.. ", '\ ,~~...... '\. ',,- 4__ " ' , '., "" -"- '. " ", --.." -'---. '- . , ... , '-. ~+--- ---..----- -... \..~~..~-~-.,:~::~- .. . " '~_.,'--~'"'"--_.- .-.~"""-._....."'"'------- -.-'......." ~. '41' "~-'''''~- ::""'-;-..:-~-, '..!:'"l=~+,.. "............... . ~ ~C\~y 'i ~lio "t, , ..' ,,', ~:''-,-,~ " / .. \ los'l "'0;'-,( '}: /, "'!lied .. '" ,~. ry,'~:>"l4 . . OIY ,.... ""~"''''-'''' . " ~-c . .-", , ~.:,,:~ "~ .+".% c"; , ~"~IY"" .. . _11 . ".~. ',:~~, _ ""."'" ~ /1'-"', 't',,-~ '''"'t. .X"...... .~...!!!~.:c'_..,.~ ,~., ", "" i- o " , ' ~ .. 0 C . .,'" _ w ,. ""w... '--1-,,-.,.\ , ",,; .",' "'~"":I.u ./,' .iu-~'< ~ I ..'. / '~r"''ff1'.''"<..''-;''-~ .,,......>>....2;:>.~.....,'Il1.. >Z..o:iZ,-_... ,JIS..?':....'....: .~"'Z ~., '._. ' --/-..,." ''t--.. '.J--.,,;'i " "'-.,,;:.-'1='1' w '~ "Ii ;:,'1' w,'c:::C '/.' ~'" "i r "i 1';.,,' . c' !!~2c.. ';'O"1/-7-!!Wl... " '~'-"').\-: '..t.t \I' '-"'--. -.':"W iiJ,t '":,aw,, _". -'Y" '- "l.it" "",.-t--~."-:..." Z!L"-i~ 1""P' '.l!;.." ___. \ . "T, ii':.;' ""'~-~il._ J'-t",;" ,il~, '1).: ," f"'~~-~'':"''';;;, _~.:,,~\~ ". .~.:: ",,___ < (/) -J '" ~ " '" ,2 .:: I 1.t") - 0 I '" EN - " ~"'E-; l-Cl~ !: :.;:~ ~; i ~ rr ]-5 .~ :; :!::::W ~,g -€;\,!1 " .. -p. ~,l " ~ '- .. ~ -S ..s a-I :< I I I i I I ! I I , I I i I ~ I z ~ I ~~ I ~ E~ ~, "< I ~ I-~ i_ -~~ ! ~ ......:::::> i j ~Zrl 0' I a ;~t_I'~ ~i ~~ :z ~~EI i ~!::c~ I en ...-' -'1_ ..J<DC< .! ;jt.,i<u 'is cn~~cn I '" zOLr.lX e ~u;=~1 i ~~z~ I ~ -1-<.. c ~VlUl- i ~ ~ 'I a o . ac: ~ ii~:: ~ 11 --~- ~. i.' i..~ r; fi t] '" [:.). , , , it:: ,- ~ . " L~ . " .~ t. '. ~ ~- ~_: l! [ CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY a. Specify the timing of grading and construction to minimize soil exposure to prolonged periods of min. b. An inspection and maintenance program shall be included in the erosion control plan to ensure that any erosion that may occur will be remedied within a specified time fmme. VI.e A slope analysis was prepared for the project site (Figure 6). The proposed residential dwellings will be constructed on the southern ponion of the site. an area identified as having a slope of 15 percent or less. Figure 52 of the General Plan identifies three different genemlized slope areas within the limits of the project site. The generalized slope classifications identified for the project site include lib. IIIb. and Nb. lib indicates an area of low relief with low to moderate landslide susceptibility. IIIb indicates an area of moderate relief with low to moderate landslide susceptibility. Nb indicates an area of high relief with low to modemte landslide susceptibility. Development will occur only on areas with a low susceptibility to landslides. Based on Figures 48 and 51 in the General Plan. the project site is not located in an area susceptible to liquefaction or subsidence. Compliance with the City of San Bernardino and CBC construction standards will reduce impacts associated with landslides. mudslides. subsidence. or other similar hazards to a less than significant level. VI.f Liquefaction is a phenomenon that occurs when strong earthquake shaking causes soils to collapse from a sudden loss of cohesion and undergo a transformation from a solid state to a liquefied state. This happens in areas where the soils are saturated with groundwater. Loose soils with panicle size in the medium sand to silt range are panicularly susceptible to liquefaction when subjected to seismic ground shaking. Affected soils lose all strength during liquefaction and failure of building foundations can occur. Liquefaction typically occurs in areas where groundwater is present within 50 feet of the surface. The project site is not located within an ar~-identified as highly or moderately highly susceptible to liquefaction (Figure 48). According to the geotechnical investigation conducted by Sladden Engineering. based on the depth to groundwater and the genemlly dense conditions of the soils. the potential for liquefaction and the related surficial effects of liquefaction are conSidered negligible. The City of San Bernardino maintains construction standards based on the CBC. Adherence to these standards is required by any development within the City; therefore. no impact related to this issue will occur. VI.g According to the subsequent delineation. a "blue. line" stream is located on-site. This feature is located within a ponion of the prope~y that will not be developed. The channel of this stream is bisected by a water tank that is located west of the propeny boundary. Waters of the U.S. within this area total 0.03 acre. Remnant dminage swales have historically tmnsponed water through the project site during storm events. Due to the construction of fire roads, these flows have been redirected so that the remnant drainages no longer transport flows. The soil, vegetation. and characteristics of these remnant swales do not indicate they qualify as jurisdictional drainages. No impact to wetlands will result from development of the proposed project. As established in Mitigation Measure GEO.3, the final determination on the status of on-site dminages rests with the appropriate permitting agencies. The followlrig'mitigation has been identified to reduce potential impacts to on-site drainages to a less than significant level: ' GEO.3 Prior to the issuance of grading permits, the project proponent shall submit evidence to the City that the U.S. Army Corps of Engineers. the California Department of Fish and Game. IS 29 f-'" , " ':" ~ [.. t~~~ " . . r , L "'- , l; f& ii rl E , >. . . i' ~ b j"'" r . . t... , ri.l , ~: " .... f ,; r' , ~. .... CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY and/or the Regional Water Quality Control Board, Santa Ana Region. concur with the project delineation. In the event any permit is required. the project applicant shall submit evidence to the City that all permit requirements have been satisfied prior to the issuance of grading permits. Vl.h Please refer to the response to Checklist Question Vl.d. ~- IS 30 ,!,.." o o \: e . . o - , ~ rn rl t'e .~ ~ ' f: L ~ r;;"'...... t.: ~, . ~ , .. --..~-; . ~/\~\> :'~~,~'~ "7-"'lt" j ',~ .... '/ \. ..... ~-' ! \ .,. \. ~~ -. " ,\~"\~i~ '\..... .....,.\.~.~~ "" .......~~~ ...._, '" --......... ;(,." '. "., ',' '-. '-'.. "" "---- '''', '-....,.-........ .. ~ i r 1 .\... i I -"J' ~" _ -,~-,-"'f :::;_-2._.__;0 "",' : ,,-' , "'ti:~.." ". , ." ,'- ,~,,~. ? I -i'" l' ,-.... ,-, "C ~~",,~';l ~-<. ' ' -' '- '" ~.. ,),"'0, ,....a 01/"" d 311I".0;0 -" "-- ., ,..~,,,"',, ' .,. -~ --. .. ,~ .....1, .. \':>;..i....;N~.,.. I" ~3.t~. ...... -.~ ~ J _---\ ' ";'<.fd:-l ~r" ;:t.... I . -. ~ . '- . ,,' ,,~o -," - .- ---1--.., ~ r>'l"" ~;' ,- ~ ~ '-, ,-,,' I /' "I- ttl:' '1-' " , ,., .k ,..> ,- -c-O :--- _~ ~_,' ",/,_.' ,'<,_''''''='' ,,,:~r-'" ---"":'., -_.:..:t\- );7"" ) . ,,,,_.:t:~~~, 7~""'- ~ .. '.::-f;;::- , q~~'" ....~~.. ,-,,21 , - ~... ',- ,,,,'---T""-<'." " 01010 I 'h'~ c:JlIu~' - I! -...,L ____ ~-tili 1:$ 'r z.cz- 1',1 ~ ~,'-~~"""_ i'ii"w -l~ J,I'- i=_'fw '+ , .., 'i'- '. z- I r ~WO ,-~' I'" _,_, ,- ~ 'J' ... iIi " ",.' _~ 'r:::.~~ ',' tt:/f -J~- ~-- '--:. ' ". J.i.~ - V-' , 1.. i ~, tj: [ ~- <J) ~ ~ ;J o - ~ D < (/) .....J c., ~ " t'f').2 -= I ~e .?;'-I' - " " ~ ~ ~I ,,' ,~ ",I .:: 0; ~Ciil ~ I ~ ;; I ,!!/l "" I ~ ~I " ;;; ~ ..!: "' .. o ... " "' > o .. < c z < ;, o M "' '" .. 0 0, ... u:i VI .. .. ~ ~ o ~ ~ 111.. "' .. o ... " .. o M i I i I I i 1- I~ i ~ ,- - I ~ e j .;$ ..,., ! ~ :: I ~ ~ I ~ .; I" ... ~ ~Ij "'1- ;:I' .!! ~l~ o I . l..o .!=! ~Il ;;;I~ '"'I; ~ ~ ~I~ t; ~ M !t.. tl , \ '" li t'j e ! ~, < , t ~- , . r . , '- .'.,. I,.. (.. t t' _', C'J c .,- ~ 1:: . . CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY VII. HAZARDS AND HAZARDOUS MATERIALS- Would the project: a) Create a significant hazard to the public or the envirol!ment. through the routine transpon. use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pu~t to .Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) Impair implementation of or p!iysically interfere with an adopted emergency response plan or emergency evacuation plan? g) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? h) Other: IS 32 Potentially Significant Impact o o o o o o o o Less Than Significant With Mitigation Incorporation o ~ o o o o ~ o Less Than SignifICant Impact o o o o o o o o No Impact ~ o ~ ~ ~ ~ o o . p ~ " f, r~ ~j t ' I: ~:~ ~ l'" t~~ ~ ' I" ~ t ' 1 '" .c;.: r~ CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Hazards and Hazardous Materials Discussion: Vn.a-b The proposed project will result in the development of single-family residential uses. The volume of household hazardous waste material (e.g., cleaners, pesticides, fertilizers, paint products, and petroleum products) is anticipated to be small. The construction of the proposed project will require the transport of potentially hazardous materials (e.g., paints and fuels). The transport and use of hazardous materials during the construction of the proposed project will comply with applicable City, State, and Federal requirements, standards, and/or guidelines pertaining to the use of these substances. Compliance with applicable hazardous material regulations will reduce any such potential hazardous material impact to a less than significant level. A Phase I Environmental Site Assessment' of the property was conducted to assess the presence or likely presence of the past or existing release, or the material threat of any hazardous material into the ground or surface/groundwater. A field survey of the property was conducted on November 2, 2004. The field survey and review of historical aerial photographs generally support the finding that the site has been largely undeveloped since 1938. The southern portion of the project site had been disced resulting in the removal of a significant amount of groundcover. No obvious drums, containers. fluids, spills. or other evidence of hazardous materials were observed. A review of local, State, and federal regulatory databases was conducted, including (but not limited to) the: National Priorities List (NPL); Comprehensive Environmental Response, Compensation, and Liability Information System (CERCLIS); Resource Conservation and Recovery Information System (RCRIS); Emergency Response and Notification System (ERNS); CaI-Sites Database; California Hazardous Material Incident Report System (CHMIRS); Hazardous Waste and Substances Sites List (CORTESE); Solid Waste Information System (SWlS); and Leaking Underground Storage Tank InformatioR-System (LUST). The project site was not listed in any of the hazardous material databases consulted. No significant environmental concerns or Recognized Environmental Conditions (RECs) were observed on-site. While the Phase I Environmental Site Assessment did not reveal the existence of any known or recorded hazardous material release on-site, the movement of soil during construction activity may reveal previously undetected and/or unrecorded hazardous material. To reduce the significance in the unlikely event potentially hazardous materials are encountered during project grading/construction, the following measure has been identified. HAZ-l The City shall be immediately notified in the event malodorous or discolored soils, liquids, containers. or other materials known or suspected to contain hazardous materials and/or contaminants are encountered during on-site grading/construction. Earthmoving activities in the vicinity of said material shall be halted until the extent and nature of the suspect material is determined by qualified personnel <as determined by the City.) The removal and/or disposal of any such contaminants shall be in accordance with all applicable local, State, and Federal standards. Adherence to the aforementioned measure will reduce potential impacts related to this issue to a less than significant lev.el. L vn.c No schoois are located within 0.25 mile of the project site. The nearest schools to the project site include Cesar Chavez Elementary School (under construction), located approximalely 0.35 mile south of the ,. ;; .' ii~ f' ~: li;."it R..ulu of Phil.. I Environmenral Sit< Assessmenr Tracr 16533 - Walloch PraJHr/y, PrOIerr. Consulting, Inc., November 12,2004. IS 33 , [} tJ R lJ f': l t': i.; ~ ,,~ t..';. 1-' f .' . b! ..:- , . L ..-' i .... ;f;. ~ , :....;.. . i 11 t-'~ l ... CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY project site, and Palm Avenue Elementary School, located approximately 0.7 mile east afthe project site. As stated in the responses to Checklist Questions VII.a and VII.b, no routine or large-scale use of hazardous materials will occur during the construction on occupation of the proposed project; therefore, no impact related to this issue will occur. VII.d Pursuant to the California Government Code (Section 65962.5[ED, the project site is not listed in the State of California Hazardous Waste and Substances Site Lists (Cortese listi. No impact related to this issue will occur. Vn.e The project site is not located within an Airport Influence Area2 or within 2.0 miles of an airport. No impact related to this issue will occur. VII.r The design, construction, and maintenance of structure, roadways, and facilities to comply with applicable City standards related to emergency access and evacuation plans. Any construction activity that may temporarily restrict vehicular traffic will be required to implement adequate and appropriate measures to facilitate the passage of persons and vehicles through/around any required road closures. Adherence to applicable City access control measures will reduce potential impacts related to this issue to a less than significant level. vn.g The project site is located in an urban-wildland interface area. Portions of the project site were burned during the October 2003 "Old Fire." The City has identified a Fire Overlay District (FOD) to mitigate the spread of fire, to minimize property damage. and to reduce the risk to public health and safety. Within the FOD, "Foothill Fire Zones" have been identified. The fire hazard within each zone varies based on slope, type of fuel present, and natural barriers. The zones are identified as follows: ~- Fire Zone A - Extreme Hazard: Fire Zone A is determined based on slope. This zone includes areas with slopes in excess of 30 percent.- Fire Zone B - High Hazard: Fire Zone B is also determined based on slope. This zone includes areas with slopes between 15 percent and 30 percent. Fire Zone C - Moderate Hazard: Fire Zone C includes areas with slopes less than 15 percent. Fire Zone C, Abutting Wildlands: This includes lots on the perimeter of a tract that are adjacent to wildlands. "Wildlands" are defined as any land that is essentially unimproved. The southeastern comer of the project site is located within Fire Zone C, while the balance of the developed area is located within Fire Zone B. The northern portion of the project site that will be retained as natural open space is located within Fire Zone A. Per discussions between the project applicant and the San Bernardino Fire Department (SBFD), the entire developed portion of the project site will be considered to be within Fire Zone B and will be developed accordingly. Without adequate mitigation, the proposed project has the potential to expose persons arid structures to significant injury, or loss of life or property from wildland fires. State and City development standards include measures ''to control the exposure to homes within the urban/wildland interface andlor otherwise reduce the spread of fire on or to developed properties, by controlling the use of materials and methods of construction" in the fire haza'rd areas. In response to the "Old Fire," Chapter 15.10 of the Municipal Code was amended in January 2004. This amendment established Building Safety Enhancement Area (BSEA) 2 HaZJJrdous Was" SubS/ane< and Si"s LiS/ (Cortest LiS/). California Depanment of Toxic SubSlance Control,lune 9, 2004. Airport Influence Area, San Bernardino International Airpon Authority, December 4. 2003. IS 34 '!"'.. , l . r ".~ ".-., , ' J ; ';' , ' L ~ .,-, l.,~.-. .~ . , ~, & ,.., . L t. {." I.- l ~ ~ " ,. Ii r ..... CITY OF SAN BERNARDINO DEVELOPMENTSERVlCES INITIAL STUDY standards, strengthening development requirements within Foothill Fire Zones. The City's Development Codel identifies additional requirements for development within Foothill Fire Zones. These standards include (but are not limited to) the creation of "defensible space" around the project, prohibitions on the use of specific building materials, and the imposition of more stringent construction standards. The construction of the proposed residential structures will be required to adhere to all applicable standards established by the City, including the implementation of Fuel Modification Plan and new standards within the BSEA, as well as conditions mandated by the SBFD (including. but not limited to: the sprinkling of on-site structures. and a prohibition on combustible units prior to the installation of fire hydrants and paved roadways.) The project has been reviewed by the SBFD and a Fuel Modification Area has been required in order to buffer the development from the abutting wildlands. The plan for a Fuel ModifICation Area (Figure 3) includes "fuel load reduction" (removal of Dammable vegetation), and the installation of drought-tolerant groundcover. The Fuel Modification Area provides from 100 to 160 feet of "defensible space" between the northern property line of residential lots and upslope natural areas. Residential lots on the western edge of the proposed development will be separated from adjacent wildlands by a dirt service road, while properties on the eastern border of the site will be buffered by landscaped manufactured slopes. The electrically powered underground water pump station (Lot A) has been sufficiently sized to maintain emergency fire Dows (1,000 gallons per minute for 2 hours). The pump station will be equipped with an underground back-up generator to ensure adequate pressure is maintained in the event of an electrical outage. Additionally, the open cul-de-sac at the terminus of Street "A" will provide improved emergency access to wildland areas north of the proposed development. The following measure has been identified to Illi.!!gate for potential wildland fire hazards: HAZ-2 Prior to the issuance of building permits, a detailed Fuel Modification Plan shall be approved by the Fire Department. All fire protection standards and requirements shall be completed or guaranteed to the satisfaction of the Fire Department. The Fuel Modification Plan shall detail the type of vegetation utilized. methods of thinning and planting. and long-term maintenance (including irrigation and access) provisions. With the implementation of the Mitigation Measure HAZ-2 and the City's standards for development within the BSEA, potential impacts from this project with regard to exposure to fires'will be lowered to a level of less than significant. ' Chapter 19.1S Foothill Fin: Zones Overlay Dislrict, IS 35 r- r' ~,.",: ri:'; A "'" .... " ~ '. c ~ f: Y"l ~"' ~. ,} ~ f.1 L t Ie k~ ." f h ~. f ~~ t.-'. \ L. ...~ {, Iii',' ~ ,: " .w CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY VIII. HYDROLOGY AND WATER QUALITY - Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the prodUction rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? -'" d) Substantially alter the existing drainage panern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off. site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff, such as from areas of material storage, vehicle or equipment maintenance (including washing or detailing), waste handling, hazardous materials handling or storage, delivery areas. loading docks, or other outdoor areas? o Otherwise substantially degrade water quality? , g) Place bousing within a lOO-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (panel No. 06071C794S) IS 36 Potentially Significant Impact o o o o o o o Less Than Significant With Mitigation Incorporation 181 o o 181 o 181 o Less Than Significant Impact o 181 181 o 181 o o No Impact o o o o o o 181 f' L ~ f' t<.., ~-': I t:;:.. I., .~ ~ f" t:~ I: .~ t':i ... f. L . t, .~ ~. :I... , t: f' f " CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Potentially Significant Impact Less Than Significant With Mitigation Incorporation No Impact Less Than Significant Impact VIII. HYDROLOGY AND WATER QUALITY - (Continued) h) Place within a 1000year flood hazard area structures which would impede or redirect flood flows? o 181 o o i) Expose people or structures to a significant risk of loss, injury, or death involving flooding, including flooding as a result of the failure of a levee or dam? o 181 o o j) Expose people or structures to inundation by seiche, tsunami, or mudflow? o 181 o o k) Other: o o o o Hydrology and Water Quality Discussion: VIll.a The proposed project has the potential to cause-changes in the quality of surface water. Construction of tlie proposed development will require grading and excavation activities, which may allow eroded soils and other pollutants to enter the storm drain system. Storm runoff from roadway surfaces tainted by sediment, petroleum products, commonly utilized construction materials, and (to a lesser extent) trace metals such as zinc, copper, lead, cadmium, and iron, may lead to the degradation of stormwater in downstream channels. A construction project resulting in the disturbance of 1.0 acre or more requires an NPDES permit. In addition to preparation of an SWPPP, beginning June 1,2004, project proponents are also required to prepare a Water Quality Management Plan (wQMP). The WQMP will identify measures to treat and/or limit the entry !>f contaminants into the storm drain system. The following measures have been identified to reduce the significance of potential water quality impacts. HWQ-I The applicant shall mitigate on-site stormwater discharge sufficiently to maintain compliance with the City's NPDES Storm Water Discharge Permit Requirements. A "Notice of Intent" (NOI) shall be filed with the State Water Quality Control Board for construction disturbing 1.0 acre or more of land. HWQ.:z Prior to the issuance of a grading permit, the applicant shall submit an SWPPP specifically identifying Best Management Practices that will be used on-site to reduce the pollutants into the storm drain system to the maximum extent practicable. HWQ-3 The plans for landscaping shall include provisions for controlling and minimizing the use of fenilizerslpesticideslherbicides. Areas landscaped shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. IS 37 ." ~. . ~: ~ ~~ ~ L ". . f . ..> J" f1~ . f~ t,~ ;; b "0" , ..." f..-'t . f' ~. . " ~ ! f ! I.d CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY HWQ.4 Prior to the issuance of grading permits, the project applicant shall submit to the City for review and approval, a Water Quality Management Plan. The Water Quality Management Plan will identify Best Management Practices (e.g., media filters, drain inserts, or other devices) to treat and/or limit the entry of contaminants (especially those associated with nuisance water and first flush runoff) into the storm drain system and downstream waters. Factors to be considered when identifying the manner of Best Management Practice(s) utilized shall include: the size and location of the project. estimated drainage flows, effectiveness, cost, and maintenance requirements. Adherence to Mitigation Measures HWQ 1-4 and measures included in the SWPPP, WQMP. and NPDES permit will reduce potential water quality impacts to a less than significant level. vm.b Direct additions to or withdrawals of groundwater are not elements of this project. 1be project site is located within the Bunker Hill Groundwater Basin of the Upper Santjl Ana River Watershed. While development of the proposed residential uses and associated infrastructure will result in the installation of impermeable surfaces, the installation of landscaping on individual residential lots will allow for the continued percolation of water into the local groundwater table. The project site encompasses approximately 37.2 acres, with development occurring on approximately 17.22 of those acres. Compared to the size of the Bunker Hill Groundwater Basin (80,443 acres)!, the loss of this amount of permeable surface area is not significant. Since 1972. in excess of 150,000 acre-feet of imported State Project Water has been recharged in the Bunker Hill Groundwater Basin. The proposed project represents a negligible loss of permeable surface area for the Bunker Hill Groundwater Basin; therefore, the loss of the potential recharge area is less than significant. The proposed project does not trigger the requirement for preparation of a water supply assessment (i.e.. a development exceeding 500 residential units.2) Water service to the project site will be provided by the San Bernardino Municipal Water Department (SBMWD), which serves the majority of the City. Water mains are located in Ohio and Magnolia Avenues. The SBMWD is able to provide water service to the project site subject to hydraulic limitations. The proposed project includes the installation of an underground water pump station (Lot A) which will be sufficiently sized to maintain adequate domestic and fire flow pressures throughout the project site. Potential impacts related to the quantity of groundwater supplies and recharge are less-than significant. vm.c-d Currently, runoff generally flows across the project site in a southwest direction. As stated in the response to Checklist Question VI.g, development of the project site will result in the alteration of the existing on- site drainage pattern. The proposed project will alter the course of the existing drainage pattern on the site by creating streets with curbs, gutters, and sidewalks, grading each lot to drain toward the street, and generally controlling the surface drainage. Sheet flow from the northern portion of the project site will tIC collected in a concrete V -ditch located along the northern portion of the residential development. Flows collected in the V -ditch will be conveyed in a concrete channel located within a 20-foot drainage easement. This easement is located betweeJ) Lots 16 and 17. From this point, flows will be contained within curbs and gutters to catch basins located at the extreme southern end of Streets "A" and "B," which connect to the 24-inch on-site storm drain. Flows entering the project site from the east will be directed to a 24-inch I 2 California Depanmenl of Water Resources, 1994. Slate of California, WalerCodeSections 1091ll-10912. IS 38 ~ l'.1 i'~ a !'t if .... ~, ~ I f1 L .,:': i." , , I ~ r , ; L /. .... o. . ~. - t; t' .1 r CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY stann drain via an inlet structure (riprap) located between Lots 19 and 20. These flows will be conveyed via this stonn drain. installed within Street "B." The on-site storm drain will connect with a 24-inch storm drain that will be installed in Tentative Tract 16502. located southwest of the project site. Ultimately. stann flows from the project site will enter Cable Creek. located approximately 0.75 mile south of the project site. The following measure has been identified to reduce potential drainage-related impacts to a less than significant level. HWQ.S Prior to the issuance of a grading permit. a site-specific drainage study that meets the standards of the City of San Bernardino Public Works Division will be prepared by a California Registered Civil Engineer. All recommendations from this analysis, including facilities necessary to mitigate drainage impacts. maximize percolation and groundwater recharge to the extent feasible shall be incorporated in all grading and site improvement plans. Vm.e Drainage for the site will contribute to runoff water; however. the project proposes upgrades to the existing City of San Bernardino storm drain system. The existing system. along with the proposed additions. has the capacity to handle the additional runoff. The SWPPP and WQMP will include Best Management Practices that will alleviate the potential impact from additional pollution in the runoff. Through implementation of the standard regulations as well as the previously cited mitigation measures. potential impacts associated with excessive and/or polluted runoff are less than significant. VIIIJ As previously discussed. the proposed project has the potential to impact water quality due to erosion as well as potential pollution in runoff waters. These impacts will be reduced to a level of less than significance by Mitigation Measures GEO-2 and HWQ 1-4. vm.g-i The project site is not identified as being locaied within a flood area for lOO-year flood in Figure 62 of the General Plan. The southern ponion of the projectsite is located within Zone X. an area determined to be outside the 500-year floodplain. As indicated by the Federal Emergency Management Agency (FEMAi. the nonhern ponion of .the project site is located within Zone D. Flood Zone D is defined as an area of undetermined but possible flood hazards. No habitable structures will be constructed within the nonhern ponion of the project site. Because the proposed residential uses will not be constructed within a 100- flood hazard area. no impact related to these issues will occur. VIll.h Because the project site is located approximately 65 miles from the Pacific Ocean. ilwill be unaffected by tsunamis or tidal events. A water tank is located directly west of the southern. ponion of the project site. An existing storm drain and proposed retaining walls lie between the water tank and the proposed residential units. These features win diven flows from the water tank away from residential uses in the event the structural integrity of the water tank is compromised. As stated previously. the project site is not located in an identified flood hazard area; therefore. no impact associated with these issues will occur. Federal Emer.ency Management A.ency, Flood Insurance Rate Map Panel 0607 I C790F. March 18. 1996. IS 39 r'-' t.~:: ~~ li3 , ("-"~ . I , I f~ . , f : ~d o r' .l~ L t" ; b CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY IX. LAND USE AND PLANNING - Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but nOl limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? d) Be developed within the Hillside Management Overlay District? e) Be developed within Foothill Fire Zones A, B, or C as identified in the City's General Plan? -'- f) Be developed within the Airport Influence Are~ as adopted by the San Bernardino International Airport Authority? g) Other: Land Use and Planning Discussion: Potentially Significant Impact Less Than Significant With Mitigation Incorporation Less Than Significant Impact No Impact ~ ~ ~ o o ~ o IX.a The project site is located in a'rural area that is transitioning to suburban uses. Land located to the east, r west, and south of the proposed project site also is designated "RL" (Residential Low); therefore, l ' development of the proposed residential uses is consistent with on-site and adjacent land use designations. ,As adjacent lands are undeveloped, the proposed project will nOl physically divide an established , neighborhood. No impact related to this issue will occur. , , , f , a;,... r L J ~ t f. ""-~ o o o o o o IX.b The project site is located within the administrative boundaries of the San Bernardino National Forest (SBNF), within the Cajon Management Unit. As stated in San Bernardino NaJional Forest Land and Resources Management Plan1 (Forest Plan), ".. .Residential development is expanding rapidly at the Forest boundary in the VerdemontlDevore area." The Forest Plan was developed to direct the management of the SBNF and identifies the long-range goals and objectives. The Forest Plan specifies standards a,nd guidelines to achieve these objectives and establishes monitoring and evaluation programs to ensure these objectives are reached. The Cajon Management Unit encompasses 48,400 acres. Private land (including the project site) within the Cajon Management Unit is not subject to Forest Service o o o I San Ber7llJrdino NOliofI/Jl Form Land and Resources ManagemLn/ Plan, United Stales Depanmenl of Agriculture, Forest Service, 1988. IS 40 o o ~ o ~ o o o o o o o "-J<: ~ ~ ~ -; CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY management. Over 50 percent of the project site is being retained in its natural condition, Funhermore. the proposed project includes a fuel modification area which will assist the Forest Service in reaching its goal of reducing fire hazards within urban/wildland interface areas. The project site is located within the RL district. This district is intended to promote the development of low-density, large lot, single-family detached residential units with a minimum average lot size of 10,800 square feet. The RL district allows a maximum density of 3.1 units per gross acre. Development of the proposed project will result in the construction and occupation of up to 52 single-family residential dwellings. Lots I-52. ranging in size from 10.800 square feet to 17.883 square feet, will be developed with single-family residential units. Based on the gross acreage of the project site, the residential density of the proposed development will be 1,4 dwelling units per acre, Because the proposed subdivision is consistent with the General Plan as well as the Development Code, no impact related with this issue will occur, IX.c The project site does not lie within a habitat conservation plan or a natural community; therefore, no : impact related to this issue will occur, . t' ~ . t. U 11 t' . , L: f . L C @: b r r" L . ~ ~ I: IX.d The project site is located in the City's Hillside Management Overlay District (HMOD). Development within the HMOD requires approval of a Conditional USe Permit (CUP). As stated in Chapter 19.17.010 of the City's Development Code. the purpose of the HMOD is .....to provide low-density development in the City's hillside areas and to assure that this development occurs in a manner which protects the hillside's natural and topographic character and identity. environmental sensitivities, aesthetic qualities and the public health, safety. and public welfare." A slope analysis was prepared for the project site. The proposed residential dwellings will be constructed on the southern portion of the site, an area identified as having a slope of 15 percent or less. Slopes range from 15 to greater than 30 percent on portions of the project site to be retained as natural open space. Under provisions of the HMOD, the development density within areas with slopes of less than 15 percent is up to 2.0 units per acre. The HMOD permits the transfer of density from one slope category to another. Utilizing this density transfer provision, the number of units proposed is consistent with the HMOD. No significant impact related to this issue will occur. IX.e Please refer to the response to Checklist Question vn.g. IX,f The project site does not lie within the boundaries of the Airport Influence Area as adopted by the San Bernardino International Airport Authority (SBIAA) in 2003. No impact is anticipated. IS 41 r L: ( , t, t" ....... t.: f'1 ,.:", . r. f ~--~ ~ r,; f! . i\j r ~. i_ f. ;~ .. f"" f ;..; . ":' ~ i' ~ .... CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Less Than Potentially Significant Less Than No Significant With SignifICant Impact Impact Mitigation Impact . Incorporation X. MINERAL RESOURCES - Would the project: a) Result in the loss of availability of a known mineral 0 0 0 ~ resource that would be of value to the region and the residents of the state? b) Result in the loss of a locally-important mineral 0 0 0 ~ resource recovery site delineated on a local general plan, specific plan or other land use plan? c) Be located in a Mineral Resource Zone as adopted 0 0 0 ~ by the Slate Mining and Geology Board and identified in the City's General Plan? Mineral Resources Discussion: X.a-c Natural sand and gravel deposits in Cajon Wash, Lytle Creek, Warm Creek, City Creek, and the Santa Ana River contain the bulk of the City's aggregate resources. As indicated in Figure 42 of the City's General Plan, neither the State nor the City hlive identified the project site as a regionally significant source of mineral resources. No mineral extraction activities are occurring on-site. Because of the size and location of the project site, and the absence of any identified on-site mineral resource, development of the project site will not result in the loss of availability of a known mineral resource or a locally important mineral resource recovery site. No impact related to this issue will occur. Construction of the proposed residential dwellings and related infrastructure will require the use of concrete. aggregate, asphalt and other ma!erials. These resources are commercially available in the southern California region with few or no constraints. Because of the general availability of construction materials (including aggregate)'and the limited scale of the proposed project, no.adverse impact related to the availability of these resources or the resource base from which they are derived will occur. IS 42 r' ~-; ,..< , ~ ,..-. ~ . f .. li H !:" I;; ! . , c ~j r L 1:. . r' ~.~ .~ " " L r L r loa CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Xla Undeveloped land is located dfrectly north. east, and west of the project site. Two existing single-family residential dwellings are located south of the project site. The project does not include the development or expansion of existing industrial or- commercial uses. Noise from constrUCtion equipment typically generates approximately 68 dB(A) L.q at 100 feet from the area where it operates. L.q is the equivalent sound level representing the average noise exposure over a one-hour. eight-hour. or 24-hour period. If two pieces of equipment are used. the "typical" construction noise measurements of the maximum hourly average noise levels are expected to be approximately 72 dB(A) L.q at 100 feet from the point of origin. As point sources. these noise sources will decrease at a rate of 6 dB(A) per doubling of distance. Therefore. at 200 feet, the construction noise would decrease to 66 dB(A); at 400 feet. the dB(A) would decrease to 60 dB(A); and so forth. The two existing residential uses are located approximately 100 feet and 250 feet from the project boundaries. A 15 dB outdoor to indoor noise reduction with windows closed is typically assumed to represent interior noise levels where measurements are not available. With the reduction applied to an interior noise level. approximately 57 dB(A) L.q at 100 feet is anticipated. This short-term noise impact IS 43 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY will exceed the City's noise standard. The following mitigation measures will be required to reduce potential construction noise impacts to a less than significant level. ;.:. ~ NOS-I Construction-related activities may not occur between the hours of 8:00 p.m. and 7:00 a.m. No construction vehicles. equipment. or employees may be delivered to, or arrive at the construction site before 7:00 a.m. or leave the site after 8:00 p.m. Construction activities may only occur Monday through Saturday, and are not permitted on State or Federal holidays. NOS-Z All construction vehicles shall have mufflers and be maintained in good operating order at all times. NOS.3 All trucks waiting to be loaded or unloaded with construction material shall not be left to idle for more than 10 minutes. (f'!-: , , . NOS-4 Concrete crushing, rock crushing, andlor blasting on the project site shall be prohibited. NOS-S All stationary noise-generating sources, such as air compressors, shall be located as far as possible from the existing residential uses. NOS-6 Prior to the commencement of on-site construction activities, a temporary earthen berm or sound attenuation fence shall be placed along the boundary between the project site and existing residential uses. The form and height of sound attenuation shall be established by the City. but in no instance shall it measure less than six feet. ~ : ~- ". ( F. Adherence to Mitigation Measures NOS 1-6 will reduce short-term noise impacts to a less than significant level. -'- r XI.b Because of the residential nature of the proposed project, any groundborne noise or vibration would occur i " only intermittently during grading and constructIon of the proposed on-site uses. Any potential impact associated with groundborne noise or vibration would be short-term and less than significant. r' . . XI.c The City of San Bernardino General Plan states that an acceptable exterior community noise equivalent level (CNEL) in residential areas is 65 dB(A) with an interior noise level of 45 dB(A). The CNEL is a 24- ~' hour A-weighted average sound level from midnight to midnight obtained after the addition of 5 decibels ~ (dB) to sound levels occurring between 7:00 p.m. and 10:00'p.m. and 10 dB to the sound levels occurring between 10:00 p.m. and 7:00 a.m. The 5 dB and 10 dB penalties added to the evening-and nighttime hours account for the added sensitivity of humans to noise during these time periods. . ;,- *-,~ Based on General Plan Figures 57 and 58. the project site is not in an area where future or existing noise , levels exceed an L... of 65 dB(A) exterior or L... of 45 dB(A) interior. The project is residential in nature. There will be an increase in noise levels during the day from children' playing and vehicle ingress and egress from the project area. The proposed water pump station will be installed completely,underground within an enclosed steel vault, thereby eliminating any significant noise impact. The electrically powered pump station will be equipped with an underground back-up generator which will be activated,only in the event of an electrical outage. The noise resulting from the long-term occupation of the proposed residential' uses is anticipated to be similar to that of adjacent residential areas and is not expected to exceed C,ity noise standards; therefore. no long-term noise impact will occur. , , " Xi.d The residential nature of the project limits the potential temporary or periodic increase to the use of sirens from emergency vehicles. The noise generated by such uses is necessary to ensure the health and safety of general public. No impact is anticipated. L: IS 44 n ~":i Ii f: f;~ ..-, , -~ ...' ii. r~ L I t;' J~ .' ,. r-'o, r", I L I'; .' .-;; . . i.... "': ~: IJ- f: ;: CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY XI.e The project is not located in or near an airport land use plan area or an Airport Influence Area. No impact is anticipated. ~" 1545 r; J,' L ..., ~ :JI i:; , t <- I ~.; ~ ~..' .. " r , k ' i t. r L f. r~ -" . , .!- ..... f '0., ,- I) ~ ~ .ll CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Incorporation XII. POPULA nON AND HOUSING - Would the project: a) Induce substantial population growth in an area, D D ~ D either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Remove existing housing and displace substantial D D D ~ numbers of people, necessitating the construction of replacement housing elsewhere? c) Other: Create a demand for additional housing? D D D ~ Population and Housing Discussion: XII.a Based on the California Depanment of Finance's 2004 Population and Housing Estimates', the average size of a household in the City is 3.34 persons per dwelling unit. The proposed project may generate a population increase of up to 174 people. In a city that is over 50 square miles and has a population of approximately 196,273 persons. the additiothof 52 single-family residences and up to 174 persons is a relatively small project. The project is anticipated to have a less than significant impact on inducing growth. Based on established land-use designations, the development of the site and adjacent areas have been anticipated by the City. The proposed project is located directly adjacent to existing and approved residential development; therefore, no direct or indirect growth resulting from the installation of infrastructure will occur. While the proposed project will result in the construction and occupation of residential uses on land that is currently undeveloped; it does not include llny Ion I-term employment- generating uses. Due to the relatively small size of the development; the existing land use designation of the project site and surrounding propenies; and the pattern of adjacent development, impacts related to this issue are less than significant. _ XII.b The project site is vacant. No residential structures, including affordable housing units are located on-site; therefore, no impact associated with this issue will occur. XII.c While shon-term construction-related jobs will be created, these positions would most likely be filled by local workers. The project does not include any long-term employment-generating uses; therefore the proposed project will not create a significant demand for additional housing. No impact associated with this issue will occur. State of California. Depanmenl of Finance. E-S CitylCounty Population and Housing Es.ima.es, 2004. Revised 2001-2003. wilh 2000 DRU Benchmark. Sacramento, California. May 2004. IS 46 ~ ~ f~ ~.... ~ ~ ; I~ L I ~ ,. . ~ . ~ r' , L ~..~ " .... -';'. OJ. '.' ~ f: t, "i l" 0: lit. CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Less Than Potentially SignifICant Less Than No Significant With Significant Impact Impact Mitigation Impact Incorporation XIII. PUBLIC SERVICES a) Would the project result in substantial adverse 0 0 ~ 0 physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: i) Fire protection, including medical aid? 0 ~ 0 0 ii) Police protection? 0 0 ~ 0 iii) Schools? 0 0 0 iv) Parks or other recreational facilities? 0 0 ~ 0 v) Other governmental services? 0 0 ~ 0 b) Other: 0 0 0 0 -- Public Services Discussion: XID.a.i.Fire prevention, fire protection, and emergency medical assistance in the City of San Bernardino are provided by the SBFD. Portions of the project site were burned during the October 2003 "Old Fire." The southeastern comer of the project site is located within Fire Zone C, while the balance of the developed area is located within Fire Zone B. The northern portion of the project site that will be retained as natural open space is located within Fire Zone A. Per discussions between the project applicant and the SBFD, the entire developed portion of the project site will be considered to be within FIfe"Zone B, and will be developed accordingly. The construction of the proposed residential structures will be required to adhere to all applicable standards established in the City's Municipal and Development Codes. Furthermore, the design of the project will be reviewed and approved by the S8FD. New development within the City creates new demands for emergency fire services either by increasing the amount of services needed in a particular area of the City, or by increasing the types of services required for an area. The level of required service increases as a result of growth, the number of square feet served, and the number of persons requiring fife services. S8FD staff levels and the number and type of equipment must increase to accommodate the increase in the number of service calls and to provide adequate service to the City. New development will proportionally increase the need for the construction of new facilities to house any added staff and equipment. The City has adopted "Fire Department Service Delivery Management and Planning Standards" which establish standards for the delivery of fire services. These standards include, but are not limited to, providing a response time of five minutes or less (on 90% of fire calls.) The City's fire station siting plan recognizes the need for the construction of a fully staffed fire station in the Verdemont area to ensure the delivery of fire services equal to the level of service IS 47 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY , , !. . ~ ~ XIll.a.ii , ~ , ," E: XIll.a.iii ~ ~ t, f.., ,. ~:-: XIII.a.iv XIII.a.v i.~' t~ i , I'; r j" L t * l} r iw afforded other areas of the City. To ensure fire service impacts associated with the proposed project remain are reduced to a less than significant level, the following mitigation has been identified: PUB.} Prior to the issuance of building permits, the project applicant shall pay a fair share cost for the operation and maintenance of the Verdemont Fire Station. The proposed project will not have a significant adverse effect on medical aid and hospital services. As stated in the response to Checklist Question XTI.a, the proposed project may increase the City's population by a maximum of 174 persons. Such an increase represents less than a 0.1 percent increase in the population of the City. The proposed project is expected to have a less than significant impact on medical aid and hospital services. Police protection services are provided by the City of San Bernardino Police Department (SBPD). Development of the project site with 52 residential units would incrementally increase the demand for police services. Adherence to requirements established by the SBPD, including payment of required development fees, will reduce potential impacts related to the provision of police protection services to a less than significant level. The proposed project is located within the San Bernardino City Unified School District. The occupation of the proposed residential uses will incrementally increase the student population at local schools. Assessment fees for residential development are required by the School District. Per California Government Code (fi 65995[h]), "The payment or satisfaction of a fee, charge, or other requirement levied or imposed...are hereby deemed to be full and complete mitigation of the impacts...on the provision of adequate school facilities." Upon payment of required fees, no impact related to the provision of school services will occur. _'" Please refer to the response to Checklist Questions XIV.a-b. The proposed project would increase the City's population by a maximum of 174 persons. An incremental increase in the demand for library, social, and other governmental services may occur. The addition of public roadways and infrastructure will also incrementally increase the number and extent of facilities maintained by the City. Because of the limited scale and extent of the project compared whole of the City, the incremental increased demand on governmental services and facilities will not be significant. 1548 [ ;'';1 rn ." t p'.-' CITY OF SAN BERNARDINO DEVELOPMENTSERVlCES INITIAL STUDY XIV, RECREATION - Would the project: a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? c) Other: ! : Recreation Discussion: L .:-.- ~ f.'" ~.' .... 11':' . ~ . 'Jl I' L . ti it ~. ;;. "i i. Potentially Significant Impact o o o Less Than Significant With Mitigation Incorporation o o o Less Than Significant Impact ~ o o No Impact o ~ o XN.a-b The proposed project may incrementally increase the demand for neigbborbood or regional parks or other recreational facilities. The project includes of tbe development of approximately 52 residential dwellings, wbicb may increase the City's population by as many as 174 persons. The project includes a pedestrian trail located north of the proposed residential uses tbat will be incorporated into the project's Fuel ModifICation Area. The trail will be accessible from the cul-de-sac of Street "A" and will connect to a future trail system that will be furtber developed as adjacent properties develop. The lot on wbicb the underground water pump station is located (Lot A) will be landscaped and will provide additional open space witbin the development. Maintenance of the trail and the Lot A open space will be the responsibility of either a Homeowner's Association or a Landscape Maintenance District (LMD), wbicb will be created for tbe project area. It is the intent of tbe project applicant to deed or otherwise transfer tbe natural open space north of tbe Fuel Modification Area to a non-profit entity for permanent conservation. As required by the City, the project proponent will pay additional park fees to offset any potential impact relative to the provision of park and recreation facilities. Payment of required park fees andlor construction/dedication of tbe propOsed trail and open space lot will reduce potential impacts related to tbis issue to a less tban significant level. ]549 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY " XV. TRANSPORTATIONlfRAFFIC - Would the project: i'~ ~ " ,,-: t: : f: , t r' f, L i1 J~. t{ 1;:.', i ~ L "j ,l. ~[ w..' ! , ;., ~, r~" i. 11 a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous . intersections) or incompatible uses (e.g.,-farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative tnmsportation (e.g., bus turnouts, bicycle racks)? h) Other: Transportationffraffic Discussion: Potentially Significant Impact o o o o o o d o Less Than Significant With Mitigation Incorporation o o o o o o o o Less Than Significant Impact 181 o o o 181 o o o No Impact o .181 181 181 o 181 181 o xv .a-b Implementation of the proposed project will result in increased vehicle trips, resulting in potential roadway and intersection congestion in the project vicinity. Based on the generation rate for Land Use 210: Single-family detached housing,. the project is expected to generate 498 daily trips (9.57 average daily trips/unit), 39 a.m. pe,ak hour trips (0.75 trip/unit), and 53 p.m. peak hour trips (1.01 trips/unit). The proposed project does not meet the threshold (250 peak hour trips) established in the Congestion Management Program (CMP) requiring the preparation of a Traffic Impact Study. Because of the limited Trip G.n"a,ion, (nslilUle of Transponation Enginee.. (lTE (7" Edition). IS 50 , ~ ~ t: r, , ;.-~ P f.'p l.i I lJ t~~ " i . ~ r: L '- .- . i.. li f.-;: t;c l.; r Iii ,n ! L CITY OF SAN BERNARDINO DEVELOPMENTSERVlCES INITIAL STUDY scale of the proposed project and the limited number of daily and peak hour trips, no significant impact related to this issue will occur. The proposed project includes the construction of three roads that will provide access to the residences within the development. Two roads will run north from Perrin Avenue (the future Verdemont Drive) into the project site. The westernmost of these roads, Street "A," will be a continuation of a road constructed as part of the residential tract (Tentative Tract 16502) located southwest of the project site. This new Local Road, with access from Ohio Drive, will intersect Perrin A venue before proceeding north through the project site to terminate in a cul-de-sac. Street "B" will run north-south through the project site, paralleling Street "A." An additional road, Street "C," will run in an east-west direction cOMecting Streets "A" and "B." The roads proposed as part of the project will be used only to access the new residential development and will not alter present patterns of circulation. Therefore, this project will have no impact on present patterns of circulation. XV.c San Bernardino International Airport is approximately located 10 miles southeast of the project site. Because of its distance from any air facility, the proposed project will not impact air operations. No impact will occur. XV.d Access features and roadway improvements will be designed and constructed to satisfy all City requirements for street widths, comer radii, intersection control, etc of the City Public Works Division. The design of the proposed residential development does not include any sharp curves or dangerous intersections. The project will not, therefore, create a substantial increase in hazards due to a design feature. No impact associated with this issue will occur. XV.e To facilitate emergency access to the project-.Site, two means of on-site access will be required. One access will be from Magnolia A venue, while the second access will be from an unnamed street to be constructed in Tentative Tract Map ]6502 toO-the south. Standard requirements of the City Fire Department will prohibit development of the project site until such time as a second route of dedicated, all-weather access (the uMamed street in Tract 16502 of a suitable alternative) has been constructed. Emergency access to northern portions of the project site will be provided via an open cul-de-sac at the end of Street "A." The provision of this access point will improve SBFD access to wildland areas located north of the proposed residential uses. All roadways within the project limits shall be designed and constructed per applicable City of San Bernardino design and development standards. Adherence to applicable staIidards, regulations, and guidelines of the City and emergency service providers will reduce potential impacts related to this issue to a less than significant level. XV,f The City of San Bernardino parking standards' requirement for single-family dwellings is a minimum of two covered spaces within a closed garage per unit. Because the proposed residential units will be designed and constructed to incorporate applicable City parking standards, no impact related to this issue will occur. XV.g The proposed project will comply with all City development policies, standards and programs pertaining to supporting alternative moPes of transportation; therefore, no impact related to this issue will occur. City of San Bemanlino Developmenl Code, Section 19.24. IS 51 ~... ;:,;. U F -' "'-'"~ p:-' , ~- 1-- ~ .~~ t. B ~....' [-.- r" ~ t... t-' ",! -, ~- t. !.-" ;, ~": ~i f/t.~ ~, . L r ~. llj f" if' CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY XVI. UTILITIES AND SERVICE SYSTEMS - Would the project: a) Exceed wastewater treatment requirements of the Santa Ana Regional Water Quality Control Board? b) Require or result in the constrUction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which would cause significant environmental effects? c) Require or result in the construction of new stormwater drainage facilities or expansion of existing facilities, the constrUction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded ent~ments needed? e) Result in determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? o Be served by a landfil1 with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with Federal, State, and local statutes and regulations related to solid waste? - h) Other: Utilities and Service-S.ystems Discussion: Potentially Significant Impact o o o o o o o o Less Than Significant With Mitigation Incorporation o o o o o o o o Less Than Significant Impact o ~ ~ ~ ~ ~ o o No Impact ~ o o o o o ~ o XV.a Under Section 402 of the Clean Water Act. the Regional Water Quality Control Board issues NPDES permits to regulate waste discharges to waters of the U.S. Waters of the U.S. include rivers, lakes, and their tributary walers. Waste discharges include discharges of stormwater and construction project discharges. The City has a permit from the Santa Ana Regional Water Quality Control Board for all wastewater generated within its boundaries. As evidenced by its current residential land use designation, IS 52 r, L" r.. ~. ~~1 . . , < '",',; f' ;i : ~ r' f kc. ;'.-i I . . " ..... r- '" ...- , ( l; [ CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY the City has planned for the development of the project site with residential units, including the generation of wastewater. The current system for wastewater will be adequate to handle the increase expected from the 52 single-family residences. No impact is anticipated. XV.b The proposed project will construct new water and wastewater service facilities in the project area to tie into the existing facilities. The existing facilities have adequate capacity to handle the expected increase from the proposed development. The construction of the new conveyance facilities will occur during the development of the project site and all related impacts to the environment will be mitigated along with the other impacts from the project construction. Any impact to water and wastewater facilities is anticipated to be less than significant. XV.c The City of San Bernardino Public Works Division administers storm drain and flood control facilities within the City. The storm drain system has been divided into sub-areas within the City based upon San Bernardino County Aood Control District's Comprehensive Storm Drain Plans. The project site is located within Storm Drain Sub-Area 4, which corresponds to a ponion of Comprehensive Storm Drain Plan No.7, which covers the nonhwesterly ponion ofthe City. The intent of the City of San Bernardino is to maintain all storm water within the underground drain system (except for street flows reaching interception points) for a 100year frequency storms in all areas of the City. Streets are designed to accommodate storm flows between curbs (for 25-year storms) and between rights-of-way (for l00-year storms). Private on-site drains, installed wholly on private propeny and maintained by the owners, may discharge into local or regional drains. Approvals of on-site systems are made through the plan check process. The project applicant will be required to install adequate on-site storm drain facilities. The on-site storm drain system will be designed, installed, and maintained per Public Works Division standards. Potential Impacts associated with implementation of the proposed project are not expected to be significant. XV.d The proposed project does not trigger the requirement for preparation of a water supply assessment (i.e., a residential development exceeding 500 residential units) as established in Sections 10910-10912 of the California Water Code. Water Service to the project site will be provided by the San Bernardino Municipal Water Depanment (SBMWD), which serves the majority of the City. Water mains are located in Ohio and Magnolia Avenues. The SBMWD is a.ble to provide water service to the project site subject . to hydraulic limitations. The proposed project includes the installation of an underground water pump station (Lot A) which will maintain adequate domestic and fire flow pressures. .lhe pump station will be equipped with an underground back-up generator to ensure adequate pressure is maintained in the event of an electrical outage. Prior to the issuance of building permits, the project applicant will be required to satisfy SBMWD requirements related to the payment of fees and/or the provision of adequate water facilities. The SBFD requires a fire flow demand of 1,000 gpm that can be maintained for two hours. All facilities will be designed, installed, and maintained to meet SBMWD standards for domestic water supply and SBFD standard for fire flow. Prior to development, the project applicant will be required to obtain evidence that the proposed project's water demands can be met by the SBMWD. Adherence to these conditions will reduce potential impacts associated with this issue to a less than significant level. IS 53 ~. ..~ ~. . ,- :; , I. r,.- ~tJ m , . t r ' r -~ , L ~ n.... [~ , . , ; p~ ,~; ~. . L~ , ~ .. . . t I.. . ~ ... [~ l:I Ii CITY OF SAN BERNARDINO DEVELOP~tENTSERVlCES INITIAL STUDY XV.e Wastewater conveyance and treatment services will be provided by the SBMWD. Existing sewer mains are located within Ohio and Magnolia Avenues. The proposed 8-inch on-site sewer line will connect to one of these existing mains. Wastewater flows from the project will be conveyed to and processed by facilities at the San Bernardino Water Reclamation Facility (WRP) located at 399 Chandler Place in the City of San Bernardino. This facility is operated by SBMWD, which provides combined domestic and industrial wastewater treatment services to the Cities of San Bernardino and Lorna Linda, as well as the East Valley Water District (EVWD) and Pallon State Hospital. The WRP has a design capacity of 33 million gallons per day (mgd). Current inflow to the WRP is approximately 26-28 mgd, resulting in 5-7 mgd of surplus capacity. Excess capacity exists at the WRP to accommodate sewer flows from the project site. Prior to the issuance of building permits, the project applicant will be required to satisfy SBMWD requirements related to the payment of fees and/or the provision of adequate wastewater facilities. All facilities will be designed, installed. and maintained to meet SBMWD standards. No significant impacts related to the provision of sewer or wastewater treatment services are anticipated. XV.f Based on a solid waste generation of 12.23 pounds per household per day (12.23 poundslhousehold/day x 52 households = 636 pounds per dayi, the proposed project is anticipated to generate approximately 116 tons of waste per year (0.32 ton/day). Solid waste from the proposed project will be collected by the City of San Bernardino Refuse Department and transported to Colton Refuse Disposal Site, located in the City of Colton, or to the San Timoteo Solid Waste Disposal Site, located in the City of Redlands. The Colton landfill is permilled to accept a maximum of 3.100 tons of solid waste per day. The San Timoteo landfill is permilled to accept a maximum of 1.000 tons of solid waste per day. The Colton landfill is expected to reach capacity between 2005 and 2006. The Sltn- Timoteo landfill is expected to reach capacity at around 2016. but will be allowed to expand through pe!:!llilling past this date. Service fees will be charged to individual property owners when service is initiated. Development of the proposed project will not significantly impact current operation or the expected lifetime of these landfills or the impact the ability of the Refuse Department to provide service; therefore. potential impacts associated with this issue are less than significant. XV.g The City of San Bernardino Public Service Depa~ment is subject to all Federal. State. and local statutes regarding solid waste disposal. The proposed project will utilize the services provided by the City of San Bernardino and will be subjeci to the same regulations as is the City. No impact is anticipated. California Integralcd Wasle Management Board. Solid WasIl! Information Sysll!m Dalabasl!, www.ciwmb.ca.l!.ov.swis.sile accessed on lune 9. 2004. IS 54 c --. ~ . JO' il ~ ,. ~ ? ~ . p.; r: }1 E rn t:' t:.: r' , ! ~ CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Potentially Significant Impact XVII. MANDA TORY FINDINGS OF SIGNIFICANCE Less Than Significant With Mitigation Incorporation " "Less Than Significant Impact No Impact a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species. cause a fish Or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of major periods of California history or prehistory? o ~ o o b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) ~o_ o o ~ o c)" Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? o o ~ o Mandatory Findings of Significance Discussion: XVI.a No endangered or threatened species were identified on-site during the general or fOCused biological resource surveys. Development of the proposed project will not cause a fish or wildlife population to drop below self-sustaining levels or restrict the movement/distribution of a rare Or endangered species. Development of the proposed project will result in the conversion of approximately 17.22 acres of open space to residential uses. Potential impacts to nesting bird species will be mitigated to a less than significant with adherence to MitigatIon Measure BIO-l. Because the project will not impact any threatened or endangered species or habitat, no significant impact to biological resources will occur. While one previously recorded historic period site was identified in the eastern portion of the property, this site was not eligible for inclusion on the National Register of Historic Places or the California Register of Historic Resources. Based on the site's lack of potential for archeologicallhistoric data and the loss of historic integrity, the site does not meet the definition of a "historic resource" under CEQA. The site is not connected with IOfal historic personalities, lacks historic integrity, and is of common design and utility. There are no known unique ethnic or cultural values associated with the site, nor are there any religious or sacred uses associated with the project site. Development of the proposed residential uses will result in the elimination of the previously recorded resource. Because the resource is not a "historic resource" and is not eligible for listing on either the IS 55 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY XVI.b E ~ p ~; p, f; L ~ r '. i' XVI.c . li L 'if. ~-" ~- ~, t.. r: , ~ ~ ;; L! J' L National Register of Historic no significant impact resulting from the development of residential and/or elimination of the resource will occur. Measures have been identified that would mitigate potential impacts associated with the discovery of as- yet undetected subsurface cultural andlor paleontological resources during excavation operations. Adherence to the measures identified will reduce potential impacts associated with cultural, historic, or paleontological resources to a less than significant level. The proposed project site is located within an area designated by the City for residential uses. The southern ponion of the site has been previously disturbed. While shon -term construction-related air quality and noise impacts would result from development of the proposed residential uses, adherence to the measures identified in this Initial Study will mitigate these impacts to a less than significant level. Other impacts related to on-site geologic and soil conditions. hydrology and water quality, hazards and hazardous materials, archaeologicaVpaleontologic resources, and fire. protection services are similarly reduced to a less than significant level through the implementation of mitigation measures and the adherence to established City-mandated design and construction standards. The project site has long been designated for residential development by the City of San Bernardino; therefore, the cumulative effect of development of the proposed project site with single-family residential dwellings has been previously considered by the City. The type, scale, and location of the proposed project is consistent with City's General Plan and zoning designation and is compatible with the pattern of development that has been approved for adjacent propenies. While development of the proposed project will generate fugitive dust emissions in a region that exceed established State and/or Federal standards for ozone and paniculate matter, this activity is shon term and levels of these emissions will not exceed established SCAQMD thresholds. Thepotential cumulative impacts associated with development of the proposed project are, therefore, less than significant. As detailed in the preceding responses, development of the proposed project will not result, either directly or indirectly, in adverse effects to human beings. No impact related to this issue will occur. 1556 r.~. 'e. t,,; i>.i fl! lE.,~ r' , i(' f'~ i~ ~.~ t-~ ~ I ~ , ' i ~.' t. ,.., ;1;. I- t.. ,"I,. ~ " I;.~ .~ ~ .' ~. CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY LIST OF PREPARERSIREFERENCESIPERSONS AND ORGANIZATIONS CONTACTED LIST OF PREPARERS This document was prepared under the direct management of the City of San Bernardino as Lead Agency for the proposed project. and renects the independent judgment and position of the City regarding the environmental consequences of the proposed project. The Lead Agency was assisted by the following outside consultant(s): Environmental Consultant LSA Associates, Inc. (LSA) EnvironmentallPlanning Consultants Carl Winter. Senior Environmental Planner Sheryl Horn. Assistant Environmental Planner Karen Jordan. GIS Specialist Jennifer Schuk, Graphics Magalie Narang. Graphics Steven Dong. Editing Nancy Hasegawa. Word Processing REFERENCES Biological Survey Report (Township 2 North. Range SWest, Section 36)APN 348-121-14. RCA Associates, Inc.. July 14.2003. California Code of Regulations. www.calre2s.com.siteaccessedonJune 17.2004. California Integrated Waste Management Board. Solid Waste 1nfomuJ/ion System Database, www.ciwmb.ca.20v.swis. site accessed on June 9. 2004. CEQA Air Quality Handbook. South Coast Air Quality Management District, April 1993. City/County Population and Housing Estimares (Table E-5), California Department of Finance. May 2004. City of San Bernardino Development Code, Title 19. Jacobson &. Wack. Revised June 1997. City of San Bernardino Municipal Code. Chapter 15.10. amended January 23. 2004. City of San Bernardino General Plan. Envicom Corporation. June 1989. City of San Bernardino General Plan Draft Environmental1mpact Report. Envicom Corporation, March 1989. City of San Bernardino General Plan Update Technical Background Report, Envicom Corporation. February 1988. Fannland Mapping and Monitorin$ Program, Department of Conservation. 2002. Federal Emergency Management Agency. Flood Insurance Rate Map Panel 06071C790F. March 18. 1996. Geotechnical1nveSligation. Tentative Tract 16533 - Wollock Property, NWC Magnolia Avenue and Perrin Avenue, San Bernardino. California; SladdenEngineering. April 23. 2003. IS 57 f~ ";.; t'J ~.' r:: i;~ r' I . .. ~~; L ~ I B 1" , t f' l1 ~., ., ~. : . t~ ;-,' ~-'. ~. .,j: ,. ~ .- i.. -~. ;; (.;. .' 1:;. ~. CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Hazardous Waste Substance and Sites List (Conese List). California Department of Toxic Substance Control. June 9. 2004. HistoridArcheological Resources Survey Report Tentative Tract No. 16533. CRM TECH. November 24, 2004. Initial Study for Mapei Corporation Facility, LSA Associates. Inc. October 2002. Initial Study for Tentative Tract Map No. 14254. City of San Bernardino. June 9. 2004. Initial Study for Tentative Tract Map No. 16502, City of San Bernardino. August 22. 2003. Institute of Transportation Engineers (ITE) Trip Generation (7'" Edition). Paleontological Resources Assessment Report Tentative Tract No. 16533, CRM TECH, November 24. 2004. Results of Phase 1 Environmental Site Assessment Tract 16533 - Wolloch Property Proposed Residential Development, Proterra Consultng.lnc.. November 12.2004. San Bernardino Kangaroo Rat Assessment and Jurisdictional Delineation Verdemont, San Bernardino, California, Natural Resources Assessment, Inc.. July 2003. San Bernardino National Forest Land and Resources Management Plan, United States Department of Agriculture, Forest Service, 1988. Soil Survey of San Bernardino County, Southwestern Part, California. United States Department of Agriculture. Soil Conservation Service, 1980. Solid Waste Information System Database www.ciwmb.ca.~ov.swis. California Integrated Waste Management Board, June 9, 2004 ~-- State of California, Department of Finance, E-5 City/County Population and Housing Estimates. 2004, Revised 2001-2003, with 2000 DRU Benchmark. Sacramento, California, May 2004. State of California Department of Toxic Substance Control Hazardous Waste and Substances Sites List, www.dtsc.ca.20v/databaselCaISiteslCortese List, site accessed on June 16,2004. WetlandlStreambed Delineation Study Tentative Tract No. 16533, Wolloch Property, Gonzales Environmental Consulting, LLC., October 2. 2004. IS 58 APPENDIX A ~ ~ t. ~..~ ",~ .i I R I , 1 ~ I: ~ t l' -. t<i L r.; u f. ; ~', i:.$ p COMMENT LETTERSlRESPONSE TO COMMENTS -- 1 The conunents on the Initial StudylMitigated Negative Declaration (ISIMND) for Tentative Tract Map No. 16533, Subdivision No. 03-21, and Conditional Use Permit No. 03-28 (State Clearinghouse No. 2004091038) and the individual responses to each conunent are included in this appendix. The primary objective and purpose of the public review process is to obtain conunents on the adequacy of the analysis of potential environmental impacts, the mitigation measures presented, and other analyses contained in the report. In the process of responding to the conunenlS, minor revisions to the ISJMND have been made. E . ~ ~ - . r.J ,: , ,,,: n tJ ~ ~ " , p ~ . . . . ~ ~, , , l . Comment letters are arranged in chronological order. Aside from the courtesy statements, introductions. and closings, individual conunenlS within the body of each letter have been identified and assigned an alpha-numeric identifier. The flJ'st digit in the identifier indicates the specific conunent letter, while the second digit identifies the specific conunent within the each comment letter. For example, the comment identified as I-I will correspond to the first comment, in the first comment letter received. Copies of each comment letter are included in this appendix. Brackets delineating the individual conunents and the numeric identifier have been added to the right margin of each letter. Following each conunent letter is (are) the page(s) of responses to each individual comment. ~- .. . iiW r- L;. I t,t f' ~ ... 2 . f-'. ~ .:" t:;; f;1 . . L. . t i . i" i.' I I , i.' . . ~~ r L , ! . r: f... Il'l'" ~. L r.. ,,; {i r .. Letter 1 ~.I.on:: n~ ~.l1 FnRNIA. Arnold ~hwwr7ll1ft1l1..,.... nll~ NATIVE AMERICAN HERITAGE COMMISSION 115 CAf'\II'OL MAU. ROOM ~ SACRAMENTO. CA 158'~ (ll,6)~ (1116)857._. F.. ~ OCUlbBl 7, 2Oll4 rECEIVED OCT 1 3 2004 Ma. Valerie Rosa eIy of s.n ElemaRIlno Development Services Dept. 300 Nofth "D' Sl San BemaIdlna, CA 9241 &-cco1 STAlE C1EAA1NG HOUSE Re: Negdve Dec:laratian: TenIalNe Tract Map No. 111S33 SQil2OO40911138 Dear ML Rea: Thank you fer !he opportunlry to COh.,,"'1I en lha ""'reflllllnc:ad ~ The CommIssIon _1bIe to conduct a} SICNd Lulda File aearah of lha pIOIIOUd pmject III'" which Idenllllad no '_decI NaIIva "'-ican .... wUIin lha projecc . aiea. ~,the'leek of ..-clecl1IIn doai" not prlClulle the posslbllly \I1aI cutJnI_ meytla presert. To 1.1 -..18IeIy assesa lha rpecifIc ralaled pmject In.,..:tIIIIl cuIIuraI relOUll:el, In lIllCOIllft:e wIIIlllle CECA GUldIlnea (1 SOll3 (d) (3)). reg8rdIng !he ooncIuIIan lhIIt!he projecI will ca.... no Idenllllable knp8cts to cuIluraI MOIIl'CeS, thlt CommIssIon _nds lhalllll of the 1oIIowI"ll 8CI/l:m blI1aken. . ~ ConIact lIIe lPPfllPllate CaIIomIa H'1IIOric R_ Informatlon Clll1ler lor al8COld -m. The recon:t sean:h wlII det8nnllle: . lIa plUl or" at lIIe ... 01 pIlljed efIeet (APE) has been ~ uveyed for cUIIqj--. . II .", knooIm CUIlurel ~_ haw MNdy been I800RIad en or IIIIjIIcenllD the APE. . II the pIIlbeIIIy . low, rnocIeI..... ot high IhaI cUIunII_ arallalad In the APE. . If a !lUI"tIey Is raqUred 10 determine ""-thaI prwvlousIy IIIIIeCORIed C\lIund __ are prBMIL ~ If 11II archae010gIcaI Jnvwqmy survey Is requirllcI. lIIe nnalllaga Is the preplIIlIIicn 01. prllfessiaMI repon' d~ \l1a findings IIlcI recommendalionl Qlthe __ AIIII:h M1111a1d.llllMy. . The h1raport contalnIng aile ianni. ... ~ mIllgdon IIII8SInIll should blI ~ ImmedIaleIy to !he planning dapar;l'lllll. Nllrtbmadon I8IIlUdng Ill. IocadonI, NaIIva AIMIlcan hlllllln remains, IIIId ....-,...<:1 lunerary objecls should be In ....,. conIIdenIIaI acIClendUlll, and not be IIlIIde ........Iar pubic disclosure. . The finlII WIIII8n rapoI\ shOUd blI UInIIIed WIthIn 3 moMls after work ,. been cornp/alld to \l1a aJlPlllPllale ragiOneI an:IwloIogicellnlcrrndon CerUr. > lack of surface evidence 01 an:heologlcal ~. does not predude!heir UlalrIaca alllllence.. . le8d .ncIes shOUd Include In "'* mIIIgalion plIUI pvvl8ions for the Idel.......~ MIl --.aon ofltX:/demally ~Id an:heoIogicaI r---. par ClI/lIomllI EnvIronmental QuaIly A4 (CECA) S150&4.5 (I). In..... at Idellllllld an:haeologlcall8llllllvll1. a carIlIIId archIIeaIo~ and a c:uIUaIIy dlIlatad NaIM AmerIc:an, with IcnowIIdge In CUIluraI_. Should IIIClI1IIcr all ~ acIMIIea. . Leld IQ8nCIes """"*Ilnctude In their mIigaUon pIIIII proIIlsions tor the "'''I "'lIon of _ad lIllIacls. In c:cnsulIatlon 1.3 with ClltIurdy .mJaIad NIdIve AnIertcanL . _ . le8d IIQ8ncies shoUd include provIIions lor dlsoowry 01 NlIllve Atlletlcan Iunan I8I1llID MIl C8IIMIIerIn In thaIt ~. pIc1s. Heallh MIl Safety Coc!e S705O.5, CECA S15Oll4.S (I) end PubIlc Aeaowcea Coda S5087.1111 mand8lalha process to be IoIIow1d In the ....11I of an IICCidemaI ClIsl:o\Iery of any Iunan remains in a locaIim _ than a decfatecl cetn8IaIy. EaIIy c:onsullallon with lrlbes In )OUt .r.. Is the bear way to 1\/OId una"';"ip..ed dlscclwfles ance a pnlJeclls undlrway. EncIoaecI is a list of Nalive Americans 1ndIvidualMxgumdions that may hava.lcnooIIladge of cuIhnl rNCUOeS In the prajecl II1IL The Cammission makes no recommendallon of I singIa indlvidual or group ~ another. PIaasa _ all "- 1IsIed: I 1hey caMOl supply you with specIIic: inlormllllon. !hey may be able 10 recommend others wilh specitlc knowledge. By conracllng all those 1IsIed. your organization will be b8IIer able 10 respond 10 claims of laikn 10 consul with !he appropriate IIIle or gtOUp. n)'llll have not received a response wilhin two weetcs'llme, we recommend thai )'llIlloJlow.iJp wIIh a "'1eIlhone caD '" make ..... thai the InIamaIion was 18CVIwcI. Sincerely, ....P ,-/ ~ L-~':""~~""'~.~ Carol Gaubatz . 7 Program Analyst .I (915) 653-625\/ 1.2 CO: State Clearinghouse RESPONSE TO LETTER 1 Native American Heritage Commission Carol Baubatz, October 7, 2004 Response to Comment I-I: The City recognizes that no recorded Native American sites have been identified in the project area. ~ Response to Comment 1.2: In response to the Native American Heritage Commission's conunent that a records search of the appropriate California Historic Resoun:es Information Center be conducted, the project applicant contracted for the preparation of a historiclan:heological resource survey report and a paleontological resource survey report. Based on the findings of these reports, the Draft ISIMND has been revised as follows (double underline indicates new text): p . .:.: .... r~ . ~ i:j One nreviouslv recorded historic neriod site was identified in the eastern nortion of the nmnertv This site (CA-SBR..7054ID. first recorded in 1991. consists of two cnncrete~and.roc:k cisterns two earthen reservoirs. and two stacked rock retaininil walls. as wen as se~ments of riveted.steel irri~ation nine. landscane trees. and a refuse scatter of 21ass and tin can' fratm1ents. Two isolated historic.neriod bottle (rap-meDis were observed several hundred feet south of the nreviou~lv recorded site. ,.. ~' 1... I A "historic resource" includes. but is not limited to any object. buildin2. site. area ntace. record or manustrint which is historically or archeolosricallv significant. or is shrnificant in the architectural. enPineerinp. scientific. economic . agricultural. educational. soci,1. oolitical. military or cultural annals of California. CEOA mandates that -Lead Apencies consider a resource to be Uhitttnncallv simificant" if it meets the criteria for listing on the C..alifomia Register of Historic Resources Such resources meet this reauirement if thev are (1)- assoc;iated with events that have made a silmificant contribution to the broad nalterns of California historv. (2) associated with the lives of imnortant nenons in the nast. (3) embody distinctive characteristics of a tvne. neriod. region. or method of construction. and/or (4) renresent the work of an imnortant creative individual or DOssesses hitlh artistic value. ~ tJ r::. L: i1 > The 1991 cultural resource survey determined that the site was not elipible for inclusion on the National Register of Historic Places. An archeological records and literature ~arch and an archeological field survev of the nmiect site were conducted in October and -November 2004. The findin2: of this most recent archeological survey concurrP..d with the tindin2: of the 1991 survev that the site was not historic or archeolol!icallv sismificant. Furthennore. based on the site's lack of notential for archeologicallhistoric data and the loss of historic integritv. neither the recorded site nor the two isolates meet the definition of a Uhi~toric resource" under CEOA. The feature recorded durin~ the 1991 and 2004 field surveys are not connected with local historic nersonalities lack historic inte~ritv. and are of common desim and utilitv. There are no known unique ethnic or cultural values associated with the site, nor are there any religious or sacred uses associated with the project site. f' i_ .. ~ Develooment of the oronosed residential uses will re~:ult in the elimination of the oreviouslv recorded resourc~. CEOA establishes that a significant effect on the environment would occur where a omiect causes a "'substantial adverse change in the siQ'nificance of a historic resource." Because the resource is not a Uhistoric resource" and is not e1i2ible for listin2 on either the National Register of Historic J.. ~. ..~ ~ ; ., $' ~ , 4 Places or the California Repister of Historic Resources. no silmificant imoact resultin2 from the deyelQument of residential and/or elimination of the resource wi1l occur. i To ascert~io the notentia] for onasite naleontolo2ical resources. record searches of the. Re2iona) PaleontoloSlicallnvenrorv at the San Bernardino County Museum and the Natural Historv Museum of Los AnSle]es County were conducted. No known naleontoloSlicallocalities are located 00 or adiacent to the nroiect site. A field survey. conducted in accordance with the Sluidelines established bv the Society ofVeJ1ehrate Paleontolo2Y. was also.cnmnleted for the nroiectsite No visible evidence of on.site naJeontolottical resources was identified during the field' survev. l!l,~t i::~ Response to Comment 1-3: To mitigate for any potential impact to subsurface archeological or paleontological resources that may be detected during ground disturbing activities. the Draft ISIMND included Mitigation Measure CUL-I. which states: f,!,' F1 Prior to the conunencement of ground-disturbing activities. the project applicant shall provide evidence to the City that a qualified (as determined by the City) archaeologist and/or paleontologist has been retained to monitor ground-disturbing activities. The qualified archaeologist and/or paleontologist shall be on-site during any ground- disturbing activities. In the event any archaeological. historical. or paleontologic resource is uncovered during the course of the project development. ground disturbing activities in the vicinity of the find shall be redirected until the nature and extent of the find can be evaluated by a qualified monitor. Any such resource uncoverec! during the course of project related grading or construction shall be recorded and/or removed per the reco~ndations identified in the archeological and paleontological resource assessments and/or applicable City and/or State regulations. f~ 1 ' , lP.:' V ;_J t, ft, n , ~: i ~ ii, This Draft IS/MND further identified that the disposition of any suspected human remains would follow requirements set forth in Sections 7050.5 of the Health and Safety Code. and 5097.98 of the Public Resources Code. respectively. Mitigation Measure CUL-l and language describing the disposition of human remains has been retained in the FinalISIMND. ~ ~. ! L "'.~ ~ r~ ;':" . ~ 1 ;j-~ 5:J r 5 ~;' ~ r: i.~ i'l: I!o~ p" . f. l ' r' 1 1-- I ~ r - ~" " hi .' . L , ..; ...., , ~ . ~ i, i .-.i "".r...;., .' --,... ,-.-", "" '~--..'''''-.;. .~~, ,', . :~'?'~~ N~;~~ Amold Sc:IlwIIzenegcr Gowmor STATE OF CALIFORNIA Governor's Office of Planning and Research State Clearinghouse and Planning Unit lImB ~..~ (~) .,,_. ~..~ Ion' Bod Ac:tina Dirtctor October 8, 2004 VaJcriI Ross eily of Son Bmwdino. DcvelopmoDt ScNices Department 300 NolIh D Street SonBc:mlrd/no, CA 92418-0001 ,--, .-= ~ ""'nW[g~ :;":=.::\C~'I;:'::' v! D : ...,,<L..: _ _... . I II U ...., (~('! ~ :. ': :.:.Ii' '.J\.. ;:."'.., C . 1. ....... ':;:.~:-.:.:.:~:NO t.!", .:~"..... .:Ji ~~;;,v'IC'S ~.~_"::r:.Ac...:r Subject: Tmlalivc Tract Mop No. 16533 SCHtI: 2004091038 Dear Valerio Ro..: The SlOle C1eariDpouse submitted the obo""1IIDled Ne~ai;ve Dt:clorotlon to selected _ ogeDdes far review. The review period closed on October 7, 2004, oncI no stole .Cmdes submitted COJJ1IIlelllS by lhIt .ate. This \mft aclcaowledSeI IlIIt you have complied widt the Stile C1eari1J&bouse tmcw requinmclwl far drift envirODmeJltal cIoc:umeIlrs, p1II'SUAnl to the Califomia EIIvlronmemal Quality ACL 2.1 Please call1be Slate C1eori11&bouse at (916) 445-0613 if you have ony qucsliOJlS reprding the envlronml:oml review process. If you have I question Iboul the above._d project, please refer to the leD-diail Sllle ClearinpollSe IlUmber whea comactiog this office. SilIccrely, ~~ Dilec:tor. Stall: ClearinpoUJe ~.- I.OO"liN1Jl STItEET P.O. BOX 3044 SACRAMENTO, CALIFORNIA 95112-3044 TELC'I6)4oI.u613 FAX(lJI,,323-.1011 _......... ~ r , . r~ \'".., ":3 l:', " S t-:. F:<: r; ;.., ~," II.' I ~, . l ;".;" . .. ,;- ~ . : ail Document Details Report State Clearinghouse Data Base IBID S~ 2004091038 Project r",. Tenlatiw Tl1Ict Map No. 16533 Lead Agency San Bernardino, City of Ty~ Nell Negative Declaration Desmpt/on The proposed project will result in the subdivision of 37,2 acres Into 52 sfngItHemily resldenllallote wi1h a minimum lot SIze of 10,600 sf, and two remaining lots messurtng 7,48hhnd approxlmetely 20 acres. respeclfvely. The project site ~ located nollh of lha interMction of Magnolia Allenue and Perrin Avenue (the future Verdeman! Drtve), Associated site improvementa include paved roedways and dllveways, $id_iks. landscaped areu. a recreational!raU north of !he proposed residential unitS, and an und8lllround water pump II8tIon. Lead Agency Contact Name Valeria ROM Agency City of San Bernardino. Development SeN1ce5 Depa/tment Ph_ (909) 384-5057 Flue em.u Addiwu 300 Notlh D Street CIry San Bernardino SUle CA Zip 92418-0001 Project Location Coumy San Bernardino Clly San Bernardino Ileilon C_ sw.,. l'arwl No. T_hlp Magnolia Avenue I Perrin Avenue 0348-121-14 2N lange 5W Se~tion 38 Base SBB&M Proximity to: ~_ HifIh-y. 1-215 AlIpOI'/s None ".llWay. Burlington Northem and Santa F. w..,.".,.". C8ble Creek. Lytle Creek. Cajon Creek Smoo/$ Palm Ave. Elem.. Cesar Chave~ Elementary (under COnstruction) bnd Usa RL (Residential Low) within the City's Hinside Management Dllerlay Districl (HMOD). The proJed sl.. is currenlly vacant. ProJet;r ,"UN /lJr Qua lily; Archae%lllc-Historfc; Forest LandlFire Hazard; GeoIogiclSei,,"~ Noise; TOlCicIHeurdous; Vegetation; Water Quality Revr.wfng Resources Agency; Regional Water QuaDly Control Board. Region 8; Depetlment of Parks and Agen~iee Recrealion; Native American Heritage Commission; Office of Hlstorfc PreselVallon; Department of Forestry and Fire Protection; Oepartmenl of Fish and Game. Region 6; Depar1ment of Weier Resources; Califomia HIghway Palro'; Callran., District 8; Department of Tollie SubslanCQ ConlrOl Da.. Received 0910612004 Start 01 Review 08/08/2004 End of RevIew 1010712004 RESPONSE TO LETTER 2 ,. Governor's Office of Planning and Researcb Terry Roberts, October 8, 2004 . Response to Letter 2-1: This commenlleller slaled lhallhe Draft ISIMND bad been senllO selected Slale agencies and Ihal no commenlS were submilled. No response is required. ri Ii Pi t' I' L f' l: ~ r i-~ -'.'- , i l . tJ r-. , L. , ~ t.~ r , .... . ~ . it ro. 8 . Letter 3 e "I .:t;6 -- '7 . Department of Toxic Substances Control 1'/Tammi- "CY SecreIWY CaUEPA 5796 COrporate Avenue cypress, Callfomia 90630 AmoId Scnwarz_ Govemar October 12, 2004 \llilli~@UW~ID) OCT ) ~ t:w~ ~ CI i "i. c.F- S;.N :r.:NolAAOINO DEV~LO~~'.~N'\' SE:\VlCes DE~AAn.AElIT t. ~ if ~ Mr. Ben Steckler City of San Bernardino Development Services Department 300 North "0" Street San Bernardino, California 92418 r ;;:; e INITIAL STUDY FOR THE MITIGATED NEGATIVE DECLARATION (NO) FOR PROPOSED TENATIVE TRACT TT-16533 AND CUP NO.03-28 PROJECT (SCH#2004091 038) Dear Mr. Steckler: r' 1-- -~ ~.. ~:~ c, ~ The Department of Toxic Substances COnUel (DTSC) has recelv'ed your submitted document for the above-mentioned project. /4.s stated In your document: "The proposed project will result In the subdivision of 37.2 acres Into 52 single-family residential lots with a minimum lot size of 10,800 square feet, and two remaining lots measuring 7,496 square feet and approximately 20 acres, respectively. The project site Is located north of the intersection of Magnolia Avenue and Perrin Avenue (the future Verdemont Drive). Associated site Improvements Include paved roadways and driveways, sidewalks, landscaped areas, a recreational trial north of the proposed residential units, and an underground water pump station." Based on the review of the submitted document DTSC has comments as follows: . f.J J{ i.~ \;' !': i_J ."'- 2) The NO should identify and determine whether current or historic uses at the project site may have resulted in any release of hazardous wastes/substances. The document states that the project site is vacant land. It states: "Portions of the project site burned during the October 2003 "Old Fire: The document states that the NO would identify any known or potentially contaminated sites within the proposed Project area. For all identified sites, the NO should evalua~e whether conditions at the site may pose a threat to human health or the envirbnment A Phase J Assessment may be sufficient to Identify these sites. Following are the databases of some of the regulatory agencies: . National Priorities List (NPL): A list maintained by the United States Environmental Protection Agency (U.S.EPA). 3-1 1) ',; .. !:, .,:-' - ;;- ~~ tl F. -. ~ ~ ~ i' ~ ; r t . . ..,.... i,.' R ; 1'; " t ~. t , ! 3) , !io. iv. ,.; , ~ a-I t ~. II!mD Mr. Ben Steckler October 12, 2004 Page 2 · Site Mitigation Program Property Database (formerly CaISites): A Database primarily used by the California Department ofToxic Substances Control. · Resource Conservation and Recovery Information System (RCRIS): A database of RCRA facilities that is maintained by U.S. EPA. · Comprehensive Environmental Response Compensation and Uability Information System (CERClIS): A database of CERCLA sites that Is maintained by U.S.EPA. · Sofid Waste Information System (SWIS): A database provided by the Callfomia Integrated Waste Management Board which consists of both 3.1 open as well as closed and Inactive solid waste disposal facilities and transfer stations. · Leaking Underground Storage Tanks (LUST) / Spills, Leaks, Investigations and Cleanups-(SLlC): A list that is maintained by Regional Water Quality Control Boards. . Local Counties and Cities maintain lists for hazardous substances cleanup sites and leaking underground storage tanks. · The United States Army Corps of Engineers, 911 Wilshire Boulevard, Los Angeles, Califomia, 90017, (213) 452-3908, maintains a list of Formerly Us~ Defense Sites (FUDS). The NO should Identify th~ mechanism to initIate any required investigation and/or remediation for any site that may be contaminated. and the government agency to provide appropriate regulatory oversight. If hazardous materials or wastes were stored at the site, an environmental assessment should be conducted to determine if a release has occurred. If so, further studies should be carried out to delineate the nature and extent of the contamination, arid the potential threat to public health and/or the environment should be evaluated. It may be necessary to determine If an expedited response action Is required to reduce existing or potential threats to public health or the environmenl If no Immediate threat exists, the final remedy should be implemented in compliance with'state regulations and policies. 3.2 ,. 11m Mr. Ben Steckler October 12, 2004 Page 3 4) All environmental investigations, sampling and/or remediation should be " conducted under a Workplan approved and overseen by a regUlatory agency that has jurisdiction to oversee hazardous waste cleanup. The findings and f' sampling results from the subsequent report should be dearly summarized in 3-2 ~.;.' the NO. ~ 5) Proper investigation, sampling and remedial actions overseen by a regulatory r agency, if necessary, should be conducted at the site prior to the new development or any construction. t 6) If any property adjacent to the project site Is contaminated with hazardous chemicals, and If the proposed project Is within 2,000 feet from a &Orltaminated 3-3 sile, then the proposed development may fall within the "Border Zone of a ! . Contaminated Property: Appropriate pr~cautions should be taken prior to ~-, construction if the proposed project is within a "Border Zone Property." ;,,-.. r"4 7) If buDding structures, asphalt or concrete-paved surface areas or transportation .." l\ structures are planned to be demolished, an investigation should be conducted lJ for the presence of lead-based paints or products, asbestos containing materials B (ACMs), biohazards and other waste water chemicals of concern. If lead-based 3-4 0....' paints or products or ACMs, or other chemicals of concern are Identified, proper ....: precautions should be taken during demolition activities. Additionally, the ~ contaminants should be remedlated In compliance with California environmental i regulations and policies. L t 8) The project construction may require soil excavation and soli filling In certain '-' areas. Appropriate sampling is required prior to disposal of the exCavated soil. ; If the soil is contaminated, properly dispose of it rather than praclng It In another 3.5 r- location. land Disposal Restrictions (LDRs) may be applicable to these soils. . ~.. Also. if the project proposes to Import soil to backfill the areas excavated. proper sa!1lpllng should be conducted to make sure that the imported soli Is free of contamination. 9) Human health and the environment of sensitive receptors should be prOtected during the construction or demolition activities. A study of the site overseen by 3.6 the appropriate govemment agency might have to be conducted to determine if -.-~ there are, have been, or will be, any releases of hazardous materials that may pose a risk to hUrTlan health or the environment. ~ ! ~ I " t , "'oi 10) If it Is determined that hazardous wastes are, or will be, generated by the proposed operations, the wastes must be managed In accordance with the California Hazardous Waste Control Law (Califomla Health and Safety Code, Division 20, chapter 6.5) and the Hazardous Waste Control RegUlations (Califomla Code of Regulations, T1Ue 22, Division 4.5). 11) If It Is determined that hazardous wastes are or will be generated and the wastes are (a) stored in tanks or containers for more than ninety days, (b) treated ensile, or (c) disposed of onsite, then a permit from DTSC may be required. If so, the facility should contact OTSC at (818) 551-2171 to initiate pre application 3-7 discussions and determine the permitting process applicable to the faCIlity. 12) If ills determined that hazardous wastes will be generated, the facility should obtain a United States Environmental Protection Agency IdentificatIOn Number by contacting (800) 618-6942. .:. ~'.~ ~ t." ~ :,1 ,. , j '~ f (' t'". 1/'.'': k G Ii{ ~, 14) r; t 15) l.' t; . ! -:. 16) ~. , j;., ~; ~ ~. b ~:' ~ Mr. Ben Steckler October 12, 2004 Page 4 13) Cer:taln hazardous waste treatment processes may require authorization from the local Certified Unified Program~ency (CUPA). Information about the requirement for authorizatIon can be obtained by contacting your local CUPA. If the project plans include discharging wastewater to a storm drain, you may be required to obtain a wastewater discharge permit from the overseeing Regional Water Quality Control Board. If during construction/demolition of the project, soil and/or groundwater contamination Is suspected, constrlJctlonldemolition in the area should cease and appropriate health and safety procedures should be implemented. If iI is determined that contaminated soli and/or groundwater exist, the NO should Identify how any required investigation and/or remediation will be conducted, and the appropriate government agency to provide regulatory oversight. Since' the property was used for agricultural operations, onsite sons may contain pesticide and agricultural chemIcal residue. If the site was used for dairy and catUe Industry operations, the soil may contain related dairy, animal, or hazardous waste. If so. activities at the site may have contributed to soil and groundwater contamination. Proper investigation and remedial actions, If necessary, should be conducted at the site prior to construction of the project. , Letter 3 }3-a 3-9 3-10 ... Mr. Ben Steckler October 12,2004 Page 5 [. tS DTSC provides guidance for cleanup oversight through Environmental Oversight J 3.10 Agreements (EOA) or through the Voluntary Cleanup Program (VCP). For additional InfonnaUon on the EOA or VCP, please visit DTSC's web site at www.dtsc.ea.gov. ffl r," If you have any questions regarding this letter, please contact Ms.T eresa Hom, Project Manager, at (714) 484-54n or email at thom@dtsc.ce.gov. Sincerely, r; l .~ ~?~~-.... r t~ Greg Holmes Unit Chief Southern California Cleanup Operations Branch - Cypress Office cc: Govemor's OffICe of Planning and Research State Clearinghouse --- P.O. Box 3044 Sacramento, California 95812-3044 I ~ l'; J::; ~. ,; Mr. GuentherW. Moskat. Chief Planning and Environmental Analysis Section CEQA Tracking Center Department of Toxic Substances Control P.O. Box 806 . Sacramento, California 95812-0806 il ,. t CEQA #953 ;; 0-. 'to, , L f: I t. RESPONSE TO LETTER 3 Department of Toxic Substance Control Greg Holmes, October 12, 2004 n.\ ~ Response to Comment 3-1: While the Draft ISIMND stated no evidence of hazardous materials contamination was noted within the project limits, to more thoroughly address hazardous material issues, the project applicant contracted for the preparation of a Phase I Environmental Site Assessment. A field survey of the property was conducted on November 2, 2004. The field survey and review of historical aerial photographs generally support the finding that the site has been largely undeveloped since 1938. The southern portion of the project site had been disced resulting in the removal of a significant amount of groundcover. No obvious drums, containers, fluids, spills, or other evidence of hazardous materials were observed. A review of local, State, and federal regulatory databases was conducted, including (but not limited to) the: National Priorities Ust (NPL); Comprehensive Environmental Response, Compensation, and Uability Information System (CERCUS); Resource Conservation and Recovery Information System (RCRIS); Emergency Response and Notification System (ERNS); Cal-Sites Database; California Hazardous Material Incident Report System (CHMIRS); Hazardous Waste and Substances Sites Ust (CORTESE); Solid Waste Information System (SWIS); and Leaking Underground Storage Tank Information System (LUST). The project site was not listed in any of the hazardous material databases consulted. No significant environmental concerns or Recognized Environmental Conditions (RECs) were observed on-site. F L r ~ J- ~. IJ rr~ t.. t3 r~ Response to Comment 3-2: To mitigate filNIny potential impact associated with the discovery of previously unknown or unrecorded hazardous_materials, the Draft ISIMND included Mitigation Measure HAZ-l, which states: r i . The City shall be immediately notified in the event malodorous or discolored soils, liquids, containers. or other materials known or suspected to contain hazardous materials andlor contaminants are encountered during on-site grading/construction. Earthmoving activities in the vicinity of said material shall be halted until the extent and 'nature of the suspect material is detennined by qualified personnel (as detennined by the City.) The removal andlor disposal of any such contaminants shall be in accordance with all applicable local, State, and Federal standards. ~ r.' , l. Mitigation Measure HAZ-l has been retained in the Final ISIMND. " , Response to Comment 3-3: Based on a search of regulatory databases included in the Phase I Environmental Site Assessment, no property contaminated with hazardous chemicals is located within 2,000 of the project site. .,,; Response to Comment 3-4: The project site is undeveloped. No structures, roadways, or facilities containing lead based paints, asbestos, biohazards, or other waste chemicals were identified within the limits of the property. ; . ,. L ),; G ~. .1 fl." r 14 j Response to Comment 3-5: As the proposed project does not require the expon of anyon-site soils. To balance project grading, 24,000 cubic yards (cy) of soil will be imponed from Tentative Tract 16502, located directly south of the project site. As Tentative Tract 16502 is also under the control of project applicant and is located within 2,000 feet of the project site, and because the Phase I Environmental Site Assessment, did not identify any propeny contaminated with hazardous chemicals within this radius, it is assumed that the soil imponed to balance to project site is free of contamination. '* Response to Comment 3-6: As previously stated, no strUC\UJ"es are located within the limits of the project site. As no on-site hazardous contamination has been identified, development of the proposed residential uses will nOl release any hazardous materials that may pose a risk to human health. f1 Response to Comment 3-7: The proposed project will result in the development of single-family residential uses. The residential usage of household hazardous waste material (e.g., cleaners, pesticides, fenilizers, paint products, and petroleum products) is anticipated to be small, and does nOl present a significant hazardous material impact. ~.::.: Response to Comment 3-8: In addition to preparation of a Stormwater Pollution Prevention Plan (SWPPP), the project applicant is required to prepare a Water Quality Management Plan (WQMP). The WQMP will identify measures to !reat andlor limit the entry of contaminants into the storm drain system. The Draft ISIMND included Mitigation Measures HWQ.I through HWQ-4 to reduce the significance of potential water quality impacts. These measures require compliance with the National Pollutant Discharge Elimination System (NPDES) permit requirements; preparation of a SWPPP and WQMP, and the implementation of landscaping plans that control and minimizing the use of fenilizerslpesticideslherbicides. Mitigation Measures HWQ.lthrough HWQ-4 has been retained in the Final ISlMND. E ~ h It ~ t Response to Comment 3-9: Please refer to the response to Comment 3-2. , f f.a Response to Comment 3-10: The site is nOl currently utilized for agricultural production. Agricultural activities may have occurred on-site in the past. Based on the interpretation of historic aerial photographs, any such agricultural use pre-dates 1938. Generally agriculturafchemicals would nOl be detected in concentrations that present an environmental concern unless a specific facility can be identified where these chemicals. were used or handled. No such facility, or the evidence of such a facility, is present on-site. Dairying operations have nOl OCCUlTed on-site; therefore, no accumulation of animal waste is present. No soil or groundwater contamination from agricultural chemicals or animal waste has occurred; therefore, no additional investigation or remedial action is required. ., t_ $:. t'"" 10. ~':'t. " i..: ~ . ~ i. l(' ~- 15 ....,..' ....,: Ii ~ r: ...., 1"'.. , , . t; L [. .'. 6 pz:li'.' -, -i a-; ~ . , . h~ L::I I f 1,... .;:-", L , , . ~.~.l~._... .~"'.'''''c. ,~.~.~~:..~ \~f:~i 1lrrrrr..'.,...II.l.J1--:1 .AJ1IoJd ~aer 00_ Letter 4 STATE OF CALIFORNIA Governor's Office of Planning and Research State Clearinghouse and P1anning Unit ~-- (~ .J ~.=-' JIlI1 Bod A<lills Dirmar Oc:IOber 13, 2004 ~~~~~~,~\W 1...1..,1, . Valeria :koSi City of 511I Bcmardlno. Development SetVices DeputmeIII 3ooNlIl'lhDSIltOt 5mBenulrdiDo, CA 92418-0001 ....'al:'J...,..O' Q... .': ....1 se~,...' ..\J'- \. ClT\' r." - ::.. ,'1"~ O~a.r...~l ~:.t ....;.:~.. - ... D~""Fl~.~HT Subject: Tentative Tract Map No. l6S~3 SCHf: 2004091031 Dear Valeria P.oH: The enclosed cCllDllXlll (sl 00 your Ne&adve DeclantiDQ was (...,.e) received by the State C1eariDgbouse after !be ODd of~ state renew perlod, which closed 01\ Oc:tober 7,2004. We 1ft forwardiDl tbete COJlll1lelllS to you because they provide iDfounatiDll or raise issues thai should be addlessed in your final euviroDmcDIaI documeaL 4-1 The Calif'omla 1!uvito1llMlllll Quality Acl does DOt require Lead A....ci.. to reapODd to lale COJIIIJIeaIS. However, we eDCOuraae you 10 iDcmporate these addldoDll to4oldellllinto your final envIrcmme.all! documenr IIJId to coasider them prior to Ialci:Dg final actIOIl 011 the propoaed projecL Plea.. COI1IICIlhe Stale C1eariDghouse at (Sll6}4lIS-0613 it'you bave any questic:uts COJlCeIJIina the eovlroomemaheview proceu. If'you have a quesqoll telllldUll the above.umed project, please refer to the ~gil Srate Clearinghouse number (2004091031) when coDW:tiDa this ofllce. Sincerely, ~~ Senior PIanDer, Slate C!eaJin&housc Eaclosures ee: Resoun:es AS=Y 1400 -n:NlH STREE1' P.O. aox 3044 . SACRAMENTO. CAUI'ORNIA ~112-3044 TEL (916) 44S.(I(j13 FAXl91Glm.3011 "".Opr.CI.p RESPONSE TO LETTER 4 Governor's Office of Planning and Researcb Terry Roberts, October 8, 2004 II Response to Conunent 4.1: This comment states that comments on the Draft ISIMND had been received by the State Clearinghouse, after the close of the public review period (October 7, 2004.) This comment further stated that the Lead Agency is not required under CEQA to respond to late comments. . The late comments included those from the Department of Toxic Substance Control (Letter 3). and the Native American Heritage Commission. The comment rec~ived by the State Clearinghouse from the Native American Heritage Commission is a duplicate of the letter that was sent directly to the City (Letter I). To ensure the concerns of these agencies are adequately addressed, specific responses follow the comment letters from the Native American Heritage Commission and the Department of Toxic Substance Control. , . ~.;.. .. J~ ~ t, -.. t~ {: . ~ .; I , ., t_ 17 APPENDIX B ":' ~ " I. .'J . L ~. fJ t; t~ ~ !l.' ~-- ,. ~ F ~ . ~ . It::.. - f. ;, . F MITIGATION MONITORING PLAN -- .. .. ..~ . . b.':.' ~ P L' ~-, ~ . f; t. ,";r E U a &:1 f: ~ i. ~ f' L i_ . .. , ;." f' L ~ L ATfACllMENT "F" MITIGATION MONITORING PLAN This mitigation monitoring plan has been prepared for use in implementing certain of the conditions of approval for: Tentative Tract No. 16533/Subdivision No. 03-211Conditional Use Permit No. 03-28 The prov-un has been prepared in compliance with State law and the Initial SlUdylMitigated Negative Declaration (ISIMND) (SCH No. 2004091038) prepared for the project by the City of San Bernardino. The California Environmental Quality Act requires adoption of a reporting or monitoring program for those measures placed on a project to mitigate or avoid adverse effects on the environment (Public Resource Code Section 21081.6). The law states that the reporting or monitoring program shaIl be designed to ensure compliance during project implementation. The monitoring program contains the folIowing elements: I} The mitigation measures are recorded with the action and procedure necessary to ensure compliance. In some instances, one action may be used to verify implementation of several mitigation measures. 2} A procedure for compliance and verification has been outlined for each action necessary. This procedure designates who wil\ take action, what action wiIl be taken and when, and to whom and when compliance wil\ be reported. 3} The program has been designed to be flexible. As m9nitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program. As changes are made. new monitoring compliance procedures and records will be developed and incorporated into the program. [ . 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"' !-, TO: FROM: SUBJECT: AGENDA #: 1 DATE: COPIES: CITY OF SAN BERNARDINO Development Services Department - Planning Division Interoffice Memorandum EXHIBIT 3 Planning C~ion Ben Steckl~sociate Planner February 23, 2005 Planning Commission Agenda Item NO.1 TENTATIVE TRACT MAP NO. 16533 (SUBDIVISION NO. 03.21) AND CONDITIONAL USE PERMIT NO. 03.28 - A request to subdivide approximately 37.2 acres into 52 single-family residential lots with a minimum lot size of 10,800 square feet and two remainder parcels of 7,469 square feet and approximately 20 acres. The property is located on the northeast corner of Magnolia Avenue and Perrin Drive in the RL, Residential Low land use district and the Hillside Management Overlay District (continued from February 8, 2005). February 17, 2005 James Funk, Director, Development Services; Valerie Ross, City Planner; Henry Empeno, Senior Deputy City Attorney At the Planning Commission hearing of February 8, 2005, staff presented this project with findings and a recommendation for approval. The Planning Commission considered the staff recommendation, discussed the merits of the project and voiced concems about suitability of the site for the proposed project and compatibility of the proposed site design and grading plan with surrounding properties. The Planning Commission closed the pul;>lic hearing, continued the item to the February-23, 2005 agenda, and asked staff to retum with revised findings to support denial of the project. Staff recommends that the Planning Commission adopt the Findings of Fact (Attachment 1) to support denial of Tentative Tract Map No. 16533 and Conditional Use Permit No. 03-28. Attachment: 1. Revised Findings of Fact Tentative Tract Map No. 16533 & Conditional Use Permit No. 03-28 Hearing Date 02/23/05 Page 1 FINDINGS AND ANALYSIS FOR THE TENTATIVE TRACT MAP 1. Is the proposed map consistent with the General Plan and the Development Code? Yes, the proposed subdivision map is consistent with the General Plan and Development Code. The parcels created will meet minimum development criteria as shown below: DEVELOPMENT CODE AND GENERAL PLAN CONFORMANCE CATEGORY PROPOSAL DEVELOPMENT GENERAL PLAN CODE Permitted Use Residential Subdivision Permitted Consistent Lot Size 10,852 SF (minimum) 10,800 SF (minimum) Consistent . Lot Width 80' (min.)-interior 80' (min.)-interior N/A 88' (min.)-comer 88' (min.)-comer Lot Depth 130' (minimum) 100' (minimum) N/A - Each lot will have direct and approved access, '- All lots shall have Access parking, utilities, direct access to a N/A drainage, sewer, and public street. water. 2. Is the design of the proposed subdivision consistent with the General Plan? No, the proposed subdivision is not consistent with the General Plan in as much as it is not consistent with Objective 1.14, which reads: . "Provide for low-density residential development in the City's hillside area and assure that this development occurs in a manner which protects the hillsides ni'tural and topographic character and identity, . environmental sensitivities, aesthetic qualities, and the public health, safety, and general welfare. This protection is obtained by insuring that development does not create soil erosion, silting of lower slopes, slide Tentative Tract Map No. 16533 & Conditional Use Permit No. 03-28 Hearing Date 02/23/05 Page 2 damage, flooding problems, and severe cutting or scarring. It is the intent to encourage a sensitive form of development while still allowing for residential uses which complement the natural and visual character of the City and its hillsides." The proposed development cuts into the hillside and alters the natural topographic character thus changing the visual character. 3. Is the site physically suitable for the type of proposed development? Yes, the 37.2-acre site is physically suitable for the proposed residential development. The tentative tract map conforms to the subdivision design standards specified by the Development Code in that it will meet the minimum lot size for the RL, Residential Low land use district after implementation of the Conditions of Approval. All of the proposed lots contain sufficient buildable area and will have direct access to a dedicated roadway. Connecting to the existing infrastructure will provide water, sewer, power, gas, telephone, and cable to the site. 4. Is the site physically suitable for the proposed density of development? Yes, the site is physically suitable for the proposed density of the development in that the division of land is consistent-with the Subdivision Map Act and the . proposed lots will be compatible in design with the current Development Code and the surrounding residential lots. The proposed density of the project is 1.29 units per gross acre, under the allowed 3.1 units per gross acre in the RL land use district. 5. Is t/1e design of the subdivision likely to cause substantial environmental damage, or substantially and unavoidably injure fish or wildlife or their habitat? No, Planning staff conducted a preliminary review (pursuant to CEQA Guidelines) to determine the presence and extent of any environmental issues that could result from the subdivision. This project would be subject to mitigation measures in the Mitigation Monitoring/Reporting Program as previously addressed. The modifications to the map do not affect or change any of the conclusions in the Initial Study. 6. Is the design of the subdivision likely to cause serious public health problems? , No, the lots being created each have access to an existing or proposed dedicated street. The design of the proposed subdivision meets all of the applicable Tentative Tract Map No. 16533 & Conditional Use Permit No. 03-28 Hearing Date 02/23/05 Page 3 requirements for the RL, Residential Low land use district and is unlikely to result in any public health problems. 7. Will the design of the subdivision or the type of improvements conflict with any easements, acquired by the public at large, for access through or use of, property within the proposed subdivision? No, the easements identified in the Preliminary Title Report relate to utilities. The design of the subdivision and the proposed improvements will not conflict with these easements, because any existing easements would be maintained, abandoned or relocated by the Public Works/Engineering Division through processing of the Final Map. FINDINGS AND ANALYSIS FOR THE CONDITIONAL USE PERMIT 1. Is the proposed use conditionally permitted within the subject land use district, would it impair the integrity and character of the subject land use district, and does it comply with all of the applicable provisions of this Development Code? Yes, pursuant to Development Code Section 19.17.050, any development in the Hillside Management Overlay District (HMOD) is permitted subject to the approval of a Conditional Use Permit. The proposed project will comply with all applicable provisions of the Develop!!!.ent Code as shown in Conformance Table . U AU in Tentative Tract Map Finding No.1, as addressed above. 2. Is the proposed use consistent with the General Plan? No, as described in the Tentative Tract Map No. 16533 Finding No.2 (above), this proposed project is not consistent with and would not implement the objectives and policies of the General Plan. 3. Is the approval of the Conditional Use Permit for the proposed use in compliance with the requirements of the California Environmental Quality Act and Section 19.20.030(6) of the Development Code? Yes, the approval of the Conditional Use Permit is in compliance with the requirements of both CEQA and Development Code Section 19.20.030(6).in as much as the proposed project is subject to implementation and monitoring of the mitigation measures in the Mitigation Monitoring/Reporting Program, as previously addresseq. , 4. Are there potentially significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored? Tentative Tract Map No. 16533 & Conditional Use Permit No. 03-28 Hearing Date 02/23/05 Page 4 No, as noted in Finding No.3, this project complies with CEQA and Development Code requirements. 5. Are the location, size, design, and operating characteristics of the proposed use compatible with the existing and future land uses within the general area in which the proposed use is to be located and will it create significant noise, traffic or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity or adverse to the public interest, health, safety, convenience, or welfare of the City? Yes, the applicant proposes to subdivide 37.2 acres to create 48 single-family residential lots with a minimum lot size of 10,852 square feet, and two lettered lots. One of the lettered lots (lot" A") is for dedication to the Water Department for a pump-house, and the other (lot "B") is an open space lot. The open space lot ("B") is approximately 20 acres, and includes the fuel modification area, a portion of the Verdemont Trail system, maintenance access roads, and natural open space. The proposed project complies with Development Code/General Plan Standards of Development as outlined in Table" A" in Tentative Tract Map No. 16533 Finding No. 1. The proposed project will also construct a 1-6 foot retaining wall in the hillside along the east and west property boundaries. Additionally, a drainage easement has been provided and water will be directed from the easterly property boundary~Qtrough the proposed easement in lot 19. 6. Is the subject site physically suitable for the type and density/intensity of use being proposed? No, the subject site is not physically suitable for the type and density/intensity of use being proposed. The proposal is to subdivide 48 single-family residential lots located at the base of the foothills out of a 37.2-acre site, more than half of which is contained within the Hillside Management Overlay District. Although the lots meet the standards for subdivisions in the RL, Residential Low land use district, the proposed project would be too dense/ intense for the base of the foothills, and the Hillside Management Overlay District. The lot size required in the Development Code is a minimum and in this case the pad areas would be relatively small due to the proposed interior slopes. 7. Are there adequate provisions for public access, water, sanitation, and public utilities and services to ensure that 'the proposed use would not be detrimental to public health and safety ? Tentative Tract Map No. 16533 & Conditional Use Permit No. 03-28 Hearing Date 02/23/05 Page 5 Yes, all agencies responsible for reviewing access, and providing water and sanitation and other public services have all had the opportunity to review the proposal, and none have indicated an inability to serve the project. The proposal will not be detrimental to the public health and safety in that all applicable Codes will apply to the construction of this project. -- .._~-j . EXHIBIT 4 CITY OF SAN BERNARDINO Development Services Department, Planning Division 300 North "E" Street, 3rd Floor San Bernardino, CA 92418 Phone (909) 384-5057 . (909) 384-5080 Web address: www.sbcity.org APPLICATION FOR APPEAL IRi \~ ~ [E; \1'\#~ lQ) MAH 0 4 2005 APPEAL FROM A DECISION OF THE (check one) o Development Services Director o DevelopmentlEnvironmental Review Committee Ii Planning Commission CITY o~~~~~~~~~~ OEVELOEPART~'ENT Case number(s): Tpn.~.ivp TT~~' M~p Nn 1 fi~'n F. CliP Nn 01-78 Project address: APN: 0348-121-14 Appellant's name: Steven Wollach - Centurv American Develonment Corn. Appellant's address: 1430 East Chapman Avenue. Orange, California 92866 Appellant's phone: (714) 633-8100 Appellant's e-mail address: Contact person's name: Fullerton. Lemann, Schaefer & Dominick, LLP c/o: Wilfrid C. Lemann Contact person's address: 215 North D Street, First~-Floor. San Bernardino. CA 92401 Contact person's phone: (909) 889-%91 Contact person's e-mail address:wlemann@inlandbusinesslaw.com Pursuant to Section 19.52.100 of the Development Code. an appeal must be filed on a City application form within 15 days following the final date of action, accompanied by the appropriate appeal filing fee. Appeals are normally scheduled for a determination by the Planning Commission or Mayor and Common Council within 30 days of the filing date of the appeal. You will be notified. in writing, of the'specific date and time of the appeal hearing. OFFICE USE ONL Y ~ 1 11104 REQUIRED INFORMATION FOR AN APPEAL Specific action being appealed and the date of that action: SEE ATTACHMENT "A" Specific grounds for the appeal: SEE ATTACHMENT "A" Action sought: SEE ATTACHMENT "A" -- Additional information: !:RR A'l''l'ArRMRlII'l' "A" Signatureofappellant: (~ n 0~r)~__ Wilfrid C.temann, Esq. 0 Emma D. Enriquez, Esq. Counsel for Appellant, Century American Development Corp. Date:March 3. 2005 11I04 Pursuant to Section 19.52.100 of the Municipal (Development Code), Steven Wollach ("Applicant"), hereby appeals the decision of the City of San Bernardino Planning Commission to deny the following project: Tentative Tract map No. 16533 (Subdivision No. 03-21) and Conditional Use Permit No. 03-28 ("Project"). Even though the proposed subdivision map and CUP was determined by the Planning Commission to be consistent with the General Plan and Development Code, the project was denied on February 23, 2005, on the following grounds: I. that the proposed design of the subdivision is not consistent with the General Plan, Objective 1.14; and 2. that the site is not physically suitable for the proposed density because it is not consistent with the Hillside Management Overlay District. Applicant hereby appeals this decision on the grounds that the proposed design is consistent with the General Plan and density and density transfer guidelines as set forth in the Hillside Management Overlay District of the Development Code. Applicant, and applicants' consultants, designed the Project under the guidance of the Development/Environmental Review Committee. This appeal is based on this Application for Appeal, on the underlying records and files, and upon such further oral and documentary evidence as may be presented at the time of the" appeal hearing. Applicant seeks a review of the decision by the Mayor and Common Council within 30 days of the filing date of this appeal. r I - '- '-- If)\; Q , ~ I I,/~ I IL... \ ~ I ~ '- '- L L r '- l '- ." ~ 0 - ; 0 ~ ~ - '- 0: ~ '" N ,- C . '" ",' . ~ < ,,'" "," ..U '" E ~;:,..... . '" ._ u 0 0- ~ ,~ . rJ1 U (J\ 0 - e - ,::::---!.. e . " . . c 0 .. ~ . 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