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HomeMy WebLinkAbout34-Development Services .. f c c c CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subject: Resolution to adopt the General Plan Update and the Arrowhead Springs Specific Plan. Dept: Development Services Date: September 26, 2006 MCC Date: October 2, 2006 Synopsis of Previous Council Action: November I, 2005 - The Mayor and Common Council certified the Environmental Impact Report, adopted the City General Plan update, the University District Specific Plan and the Arrowhead Springs Specific Plan. Recommended Motion: That the hearing be closed and the Resolution be adopted. J4kiiv U. 7(H4-- Valerie C. Ross Contact person: Terri Rahhal, City Planner Phone: 5057 Supporting data attached: Staff Report & Resolution Ward: Citywide FUNDING REQUIREMENTS: Amount: N/A Source: (Ace!. No.) (Ace!. Description) Finance: Council Notes: Agenda Item No. Jf 14 1~!1J~ . I - \...... CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: Resolution to adopt the General Plan Update and Arrowhead Springs Specific Plan. BACKGROUND The Mayor and Common Council adopted the updated General Plan, the University District Specific Plan and the Arrowhead Springs Specific Plan on November I, 2005. A program Environmental Impact Report was certified prior to adoption of the General Plan update and specific plans. Subsequent to that adoption, litigation was filed by the Center For Biological Diversity with the San Bernardino County Superior Court as case number SCVSS 132463, contesting the propriety of the adoption insofar as it related to Arrowhead Springs Specific Plan. On September 6, 2006, trial of the matter was held before the Honorable John Wade, Judge presiding. At the conclusion of the trial, Judge Wade announced the Court's determination that the adoption of the General Plan and the Arrowhead Springs Specific Plan was defective because the Court was unable to find evidentiary support for the finding and conclusion that the project was not economically feasible without the inclusion of a golf course element. c The proposed Resolution (Exhibit 1) presents the General Plan and Arrowhead Springs Specific Plan for re-adoption, based on revised findings offact concerning the Arrowhead Springs Specific Plan (Exhibit 2). Additional information about the economic viability of the Arrowhead Springs development and the proposed alternatives to the project is attached to the Planning Commission staff report (Exhibit 3) and will be presented for consideration in support of the findings of fact related to adoption of the Specific Plan. The Planning Commission considered this item on September 25, 2006. In addition to the Planning Commission Staff report, the Planning Commission considered a letter report from Alonzo Pedrin of Alfred Gobar Associates (Exhibit 4) concerning the importance of providing a golf course as an integral component of the Arrowhead Springs Resort. The Planning Commission considered the letter report, heard additional testimony from Mr. Pedrin and voted unanimously to recommend adoption of the General Plan Update and the Arrowhead Springs Specific Plan, subject to the revised findings of fact, as proposed. Commissioners Enciso, Durr, Heasley, Longville, Mulvihill, Munoz, Rawls and Saurbrun voted in favor of the staff recommendation. Commissioner Rawls was absent. FINANCIAL IMPACT: N/A RECOMMENDATION: That the hearing be closed and the Resolution be adopted. Exhibits: I 2 3 4 5 6 Resolution Revised Facts, Findings, and Statement of Overriding Considerations Planning Commission Staff Report Alfred Gobar Associates Report dated September 25, 2006 Updated General Plan* Arrowhead Springs Specific Plan* c * Distributed in October 2005 1 2 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO SETTING ASIDE 3 PORTIONS OF RESOLUTION 2005-362 ADOPTED ON NOVEMBER 1, 2005, 4 ND ADOPTING THE FINDINGS OF FACT AND STATEMENT OF VERRlDING CONSIDERATIONS, AS WELL AS ADOPTING THE UPDATED 5 ENERAL PLAN AND THE ARROWHEAD SPRINGS SPECIFIC PLAN. 6 7 8 SECTION I. RECITALS (a) WHEREAS, the Mayor and Common Council of the City of San 9 Bernardino ("City") adopted the General Plan for the City by Resolution No. 89-159 on 10 une 2, 1989; and 11 (b) WHEREAS, the City initiated an update of its existing General Plan in 12 2001; and 13 (c) WHEREAS, the City retained The Planning Center to update the General 14 15 16 17 the General Plan Update Program; and 18 19 20 21 22 23 Ian and complete the environmental analysis; and (d) WHEREAS, an Economic Conditions and Trends report was prepared for (e) WHEREAS, the City held a workshop with representatives of business and industry in 2001 to elicit input concerning growth in the City; and (I) WHEREAS, the City held a series of community workshops in 2001 to identify Citywide opportunities and constraints, and visions for the future growth of the City; and (g) WHEREAS, staff and the consultant interviewed the Mayor, the 24 25 Councilmembers, and the Planning Commission to seek their input and guidance; and 26 (h) WHEREAS, The Planning Center prepared an Issues Report that 27 summarized the input received from the workshops and interviews; and 28 /O/tJd./Ob -41 3 'f 1 2 3 4 5 6 and 7 (k) WHEREAS, the City determined that a Specific Plan for the University 8 District was appropriate to integrate California State University San Bernardino with the 9 rest of the City; and 10 (I) WHEREAS, The University District Specific Plan focuses on aesthetic 11 improvements in public rights-of-way and other programs designed to create an 12 13 identifiable district surrounding the University; and 14 (m) WHEREAS, the Arrowhead Springs area is within the City's sphere of 15 influence and the City determined that a Specific Plan for Arrowhead Springs was 16 appropriate; and 17 (n) WHEREAS, the Arrowhead Springs Specific Plan proposes expansion of 18 the historic hotel and spa/resort, an 18-hole public golf course, multi-use recreational 19 amenities, a new hotel and conference center with office space, 1,350 residential units 20 21 and a "village" commercial center on a total of 1,916 acres, of which 1,400 acres will be 22 preserved as open space; and 23 (0) WHEREAS, The Planning Center, on behalf of the City, prepared an 24 Initial Study for the Updated General Plan, University District Specific Plan, and 25 Arrowhead Springs Specific Plan; and 26 (p) WHEREAS, on November 4, 2004, the Environmental Review 27 Committee determined that the Updated General Plan, University District Plan, and 28 Arrowhead Springs Specific Plan could have significant effects on the environment, and 2 (i) WHEREAS, the City determined that large scale changes in land use patterns and land use designations were not necessary to achieve the City's goals; and (j) WHEREAS, the City determined that shifts in policy focus, changes in allowable uses, and emphasis on priorities were necessary to achieve the City's goals; 3 (x) WHEREAS, the Updated General Plan, University District Specific Plan, and Arrowhead Springs Specific Plan, the Draft Program Environmental Impact Report, Governments adopted the Congestion Management Program (CMP) pursuant to California Government Code Section 65809.3(a) which requires the county and cities to adopt and implement "a program to analyze the impacts of land use decisions, including an estimate of the costs associated with mitigating these impacts" on the CMP network (z) WHEREAS, the Mayor and Common Council adopted a Land Use/Transportation Analysis Program for the City pursuant to the CMP for the City of San Bernardino by Resolution No. 93-74 on March 22, 1993; and (aa) WHEREAS, the City determined that the Arrowhead Springs Specific Plan met the thresholds in the CMP and thus warranted the preparation of a Traffic Impact Analysis (TlA) pursuant to the Congestion Management Program; and (bb) WHEREAS, a Draft TlA was prepared to address the traffic impacts of the Arrowhead Springs Specific Plan on designated CMP roadways and freeways, the appropriate mitigation measures, and fair share contribution toward CMP roadway and freeway improvements; and 4 5 1 General Plan, the University District Specific Plan, and the Arrowhead Springs Specific 2 Plan, and certify the Draft TIA; and 3 4 (ii) WHEREAS, the Mayor and Common Council conducted a noticed public hearing on November 1, 2005, pursuant to Government Code Section 65353(c) and 5 6 7 8 9 65091(a)(3), and fully reviewed and considered the Final Program EIR, the Mitigation Monitoring and Reporting Plan, the Facts, Findings and Statement of Overriding Considerations, the Updated General Plan, the University District Specific Plan, the Arrowhead Springs Specific Plan, the Draft TIA, the Planning Division staffreports, and 10 the recommendation of the Planning Commission; and 11 12 13 14 (jj) WHEREAS, the Mayor and Common Council made no substantial modifications to the Updated General Plan, the University District Specific Plan, and the Arrowhead Springs Specific Plan which were not considered by the Planning 15 Commission during its public hearing; and 16 (kk) WHEREAS, on November I, 2005, the Mayor and Common Council 17 adopted Resolution 2005-362, adopting the Facts, Findings and Statement of Overriding 18 19 20 Considerations, certifying the Final Program Environmental Impact Report, adopting the Mitigation Monitoring and Reporting Plan, certifying the Traffic Impact Analysis, and 21 adopting the Updated General Plan, the University District Specific Plan, and the 22 Arrowhead Springs Specific Plan; and 23 (II) WHEREAS, on December 1, 2005, the Center for Biological Diversity 24 filed a Petition for Writ of Mandate (San Bernardino County Superior Court Case No. 25 SCVSS 132463, the "Action") against the City of San Bernardino, Common Council of 26 27 the City of San Bernardino, and Judith Valles, Mayor of the City of San Bernardino (in her prior official capacity), and naming as real party in interest American Development 28 Group, Inc., challenging the approval of Resolution 2005-362 as it relates to the . 6 1 Arrowhead Springs Specific Plan and alleging violations of the California 2 Environmental Quality Act (Public Resources Code sections 21000, et seq.), including 3 failure to adequately analyze and mitigate potential impacts in the Environmental Impact 4 5 Report ("EIR"), improper use of a program EIR, and improper rejection of feasible 6 alternatives to the proposed project; and 7 (mm) WHEREAS, the Action did not challenge that portion of Resolution 8 2005-362 related to the approval of the University Specific Plan, that portion of 9 Resolution 2005-362 and the Program EIR as it relates to the University Specific Plan 10 11 12 remains intact; and (nn) WHEREAS, on September 6, 2006 the court heard the petition for writ of 13 mandate, the Honorable John P. Wade, judge presiding, and orally ruled that the findings 14 made in support of the City's rejection of the environmentally superior "Wetlands 15 A voidance" alternative was not adequately supported by the record: specifically, the 16 17 18 19 Court stated that there was no substantial evidence in the record to support the rejection of the alternative, which eliminated the golf course, based upon economic infeasibility; and 20 (00) WHEREAS the Court did not find that the EIR failed to comply with 21 CEQA, but. instead. specifically found said findings made by the City were inadequate, 22 the Court ordered that the approval of the Arrowhead Springs Specific Plan, and by 23 reference also those portions of the General Plan as it relates to the Arrowhead Springs 24 Specific Plan, be set aside; and 25 26 27 (pp) WHEREAS, after glvmg public notice as required by California Government Code Section 65353(c) and 65091(a)(3), the City Planning Commission 28 held a public hearing on September 25, 2006 in order to receive public testimony and written and oral comments and any other additional materials and/or input on the ':',,!lj I 7 1 Updated General Plan, the Arrowhead Springs Specific Plan, and the Facts, Findings and 2 Statement of Overriding Considerations; and 3 (qq) WHEREAS, the Planning Commission considered the Development 4 5 Services Department Staff Report on September 25, 2006, which addresses the Updated 6 General Plan, the Arrowhead Springs Specific Plan, and the Facts, Findings and 7 Statement of Overriding Considerations; and 8 (rr) WHEREAS, the Planning Commission, after receiving public testimony, 9 recommended that the Mayor and Common Council adopt the Facts, Findings and ro . Statement of Overriding Considerations, adopt the Updated General Plan, and adopt the 11 Arrowhead Springs Specific Plan; and 12 13 (ss) WHEREAS, the Mayor and Common Council conducted a noticed public 14 hearing on October 3, 2006, pursuant to Government Code Section 65353(c) and 15 65091(a)(3), and fully reviewed and considered the Facts, Findings and Statement of 16 Overriding Considerations, the Updated General Plan, and the Arrowhead Springs 17 Specific Plan, the Planning Division staff reports, and the recommendation of the 18 19 20 (ll) WHEREAS, the Mayor and Common Council made no substantial 21 modifications to the Updated General Plan, the University District Specific Plan, and the 22 Arrowhead Springs Specific Plan which were not considered by the Planning 23 Commission during its public hearing; 24 25 26 27 28 Planning Commission; SECTION II. SET ASIDE NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL HEREBY RESOLVE, FIND, AND DETERMINE THE FOLLOWING: 8 1 2 3 4 5 6 SECTION III. FACTS, FINDINGS AND STATEMENT OF OVERRIDING 7 CONSIDERATIONS 8 NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL HEREBY 9 RESOLVE, FIND, AND DETERMINE THE FOLLOWING: 10 A. The facts and information contained in the above Recitals section are true 11 12 13 Impact Report for the Updated General Plan and the Arrowhead Springs Specific Plan 14 has been completed in compliance with the California Environmental Quality Act and 15 previously certified on November I, 2005. Attached to this Resolution as Exhibit A, and 16 incorporated herein by reference, is the certified Final Program EIR which consists of the 17 following elements: 18 19 20 21 22 23 24 25 26 27 28 That the approval of Resolution 2005-362 insofar as it relates to the adoption of the General Plan. relating to the Arrowhead Springs Specific Plan, and the Facts, Findings, and Statement of Overriding Consideration related thereto, be set aside. and correct, and are incorporated herein by reference. The Final Program Environmental 9 I. 2. 3. 4. 5. 6. Initial Study; Notice of Preparation; Responses to the Notice of Preparation; Draft Program ErR; Notice of Completion; List of persons, organizations and public agencies commenting on the 7. Draft Program ErR; Comments received on the Draft Program EIR during and after the public review period; Responses to comments on the Draft Program EIR. c. The certified Final Program EIR was presented to the Mayor and Common 11 1 2 3 4 5 6 7 Updated General Plan. Although the certified Final Program EIR identifies unmitigated 8 9 10 11 environmental impacts. 12 13 C. With few exceptions, the Updated General Plan maintains the existing 14 General Plan land use designations. Therefore, the appropriate balance of land uses 15 retlected in the current General Plan is maintained by the proposed Updated General 16 Plan. 17 18 19 20 21 22 23 SECTION V. ARROWHEAD SPRINGS SPECIFIC PLAN FINDINGS 24 25 26 27 28 A. All elements of the General Plan have been updated in a coordinated way, ensuring internal consistency of the General Plan document. B. The Updated General Plan will not be detrimental to the public interest, health, safety, convenience, or welfare of the City. The certified Final Program EIR contains an analysis of potential significant adverse environmental impacts related to the significant adverse environmental impacts, the Facts, Findings and Statement of Overriding Considerations indicate that the potential benefits of the Updated General Plan and associated specific plans outweigh the unmitigated significant adverse D. Very few properties are proposed for land use designation changes by the Updated General Plan. The properties are identified specifically in the Final Program Environmental Impact Report, which presents the rationale for each proposed change and discusses the suitability, including physical characteristics of each proposed site for the proposed land use designation. Based upon substantial evidence in the record, the Mayor and Common Council hereby find: A. The Arrowhead Springs Specific Plan is consistent with goals and policies of the existing General Plan, as well as revised policies of the proposed General Plan Update, as follows: 12 Goal 2.2 - Promote development that integrates with and minimizes impacts on surrounding land uses. Policy 2.2.4 - Hillside development and development adjacent to natural areas shall be designed and landscaped to preserve natural features and habitat and protect structures from threats from natural disasters, such as wildfires and floods. Goal 4.4 - Enhance, maintain and develop recreational, cultural, entertainment c. 13 D. The Arrowhead Springs Specific Plan includes a detailed development plan, development standards and design requirements that will ensure compatibility with the historic Arrowhead Springs Hotel, as well as the surrounding development and 14 SECTION VII. ADOPTION OF THE UPDATED GENERAL PLAN AND SPECIFIC PLANS In accordance with the provisions of this Resolution, the Planning Division is 15 16 1 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE 2 FACTS, FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS, THE UPDATED GENERAL PLAN AND THE ARROWHEAD SPRINGS 3 SPECIFIC PLAN. 4 5 6 7 8 9 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of .2005, by the following vote to wit: Council Members: Abstain Absent Ayes Nays ESTRADA 10 LONGVILLE 11 DERRY 12 KELLEY 13 JOHNSON 14 15 16 17 18 The foregoing resolution is hereby approved this MC' CAMMACK Rachel G. Clark, City Clerk day of October, 2006. 19 20 21 Patrick J. Morris. Mayor City of San Bernardino 22 Approved as to form: ) ( . ",' lA.-V,,-- 23 By: 24 25 26 27 28 17 EXHIBIT 2 City of San Bernardino 300 North "0" Street San Bernardino, CA 92418-0001 1580 Metro Drive Costa Mesa, CA 92626 Tel: 714.966.9220. Fax: 714.966.9221 E-mail: costamesa@planningcenter.com Website: www.planningcenter.com FINDINGS OF FACT AND STA TEMENT OF OVERRIDING CONSIDERA TIONS FOR: GENERAL PLAN UPDA TE AND ARROWHEAD SPRINGS SPECIFIC PLAN, BASED UPON CERTIFIED FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT SCH#2004111132 ~ prepared for: CITY OF SAN BERNARDINO Contact: Terri Rahha/, Principal Planner prepared by: THE PLANNING CENTER Contact: William Halligan, Esq., Director of Environmental Services Revised by the City of San Bernardino SEPTEMBER 22, 2006 SBC-15.0 _'r-l':'(,1 Table of Contents Section PaQe INTRODUCTION AND SUMMARY ............................................................................................1 1.1 FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSiDERATIONS....................................... .................................... ..............................1 1.2 ENVIRONMENTAL REVIEW PROCESS ........................................................................2 1.3 PROJECT SUMMARy..... ..... ...................... ... ................................... ............................... 3 1 .4 DOCUMENT FORMAT..................... .............. ... ....... .... ....................................... ............4 PART A SAN BERNARDINO GENERAL PLAN.....................................................................5 A 1 FINDINGS ON PROJECT ALTERNATIVES CONSIDERED IN THE DRAFT EIR ...................................................................................................................................5 A 1.1 Alternatives Considered and Rejected During the Scoping/Project Planning Process.......... ................................................................................... 5 A1.2 Alternatives Selected for Analysis ..................................................................6 A2 FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT IDENTIFIED IN THE DEIRlFEIR...................................................................9 A2.1 Air Quaiity......................................................................................................... 9 A2.2 Cultural Resources ........................................................................................10 A2.3 Noise.............................................................................................................. 12 A2.4 Transportation and Traffic..............................................................................13 A2.5 Utilities and Service Systems ........................................................................16 A3 STATEMENT OF OVERRIDING CONSIDERATIONS.................................................. 18 A3.1 Significant Unavoidable Adverse Impacts ..................................................... 18 A3.2 Considerations in Support of the Statement of Overriding Considerations...... ........ 19 A3.3 Conclusion..................................................................................................... 22 PART B ARROWHEAD SPRINGS SPECIFIC PLAN............................................................23 B1 FINDINGS ON PROJECT ALTERNATIVES CONSIDERED IN THE DRAFT EIR .................................................................................................................................23 B 11 Alternatives Considered and Rejected During the Scoping/Project Planning Process..................................................................................... ......23 B1.2 Alternatives Selected for Analysis .................................................................23 B2 FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT IDENTIFIED IN THE DEIRlFEIR.................................................................27 B2.1 Air Quality ............ ................................................................................27 B2.2 Biological Resources..................................................................................... 28 B2.3 Cultural Resources............................................................................ ....... ..... 32 B2.4 Geology and Soils .......................................................................................... 38 B2.5 Hazards and Hazardous Materials ................................................................39 B2.6 Hydrology and Water Quality................................ ..........40 B2.7 Noise............... .............................................................................................. 43 B2.8 Public Services.............................................................................................. 45 B2.9 Recreation...................................................................................................... 45 B2.10 Transportation and Traffic..............................................................................46 B2.11 Utilities and Services Systems.......................................................................47 B3 STATEMENT OF OVERRIDING CONSIDERATIONS..............................................49 B3.1 Significant Unavoidable Adverse Impacts .....................................................49 B3.2 Considerations in Support of the Statement of Overriding Considerations............................................................................................... 49 B3.3 Conclusion..................................................................................................... 51 General Plan Update and Associated Specific Plan EIR City of San Bernardino. Page i Findings of Fact and Statement of Overriding Considerations Table of Contents This page intentionally left blank. Page ii . The Planning Center September 2006 - Introduction and Summary This document presents findings that must be made by the City of San Bernardino prior to approval of the project pursuant to Sections 15091 and 15093 of the California Environmental Quality Act (CEQA) Guidelines and Section 21081 of the Public Resources Code. Under CEQA the Lead Agency (City of San Bernardino) is required to make written findings concerning each aiternative and each significant environmental impact identified in the Draft Environmental Impact Report (DEIR) and Final Environmental Impact Report (FEIR). The City of San Bernardino may find that: . changes or alterations have been required in or incorporated into the project to avoid or substantially lessen the significant environmental effects identified in the DEIRlFEIR; . such changes or alterations are within the purview and jurisdictions of another agency and have been adopted, or can and should be adopted, by that agency; or . specific economic, social, or other considerations make infeasibie the mitigation measures or project alternatives identified in the DEIRlFEIR Each of these findings must be supported by substantial evidence in the administrative record. Evidence from the DEIR, FEIR and the mitigation monitoring program (MMP) is used to meet these criteria. 1.1 FINDINGS OF FACT AND STA TEMENT OF OVERRIDING CONSIDERA TlONS The California Environmental Quality Act (CEQA) (Pub Resc. Code 99 21000, et seq.) and the State CEQA Guidelines (Guidelines) (14 Cal. Code Regs 9915000, et seq.) promulgated thereunder, require that the environmental impacts of a project be examined before a project is approved. Specifically, regarding findings, Guidelines Section 15091 provides: (a) No public agency shall approve or cany out a project for which an EIR has been completed which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are: (1) Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant environmental effects on the environment. (2) Those changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can or should be, adopted by that other agency. (3) Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the EIR. (b) The findings required by subsection (a) shall be supported by substantial evidence in the record. (c) The finding in subsection (a){2) shall not be made if the agency making the finding has concurrent jurisdiction with another agency to deal with identified feasible mitigation measures or alternatives. (d) When making the findings required in subsection (a){I), the agency shall also adopt a program for reporting on or monitoring the changes, which it has either required in the project or made a condition of approval to avoid or substantially lessen significant environmental effects. These measures must be fully enforceable through permit conditions, agreements, or other measures. General Plan Update and Associated Specific Plan EIR City of San Bernardino. Page J Findings of Fact and Statement of Overriding Considerations Introduction and Summary (e) The public agency shall specify the location and custodian of the documents or other materials, which constitute the record of the proceedings upon which its decision is based. The "changes or alterations" referred to in Section 15091(a)(1) above, that are required in, or incorporated into, the project which mitigate or avoid the significant environmental effects of the project, may include a wide variety of measures or actions as set forth in Guidelines Section 15370, including: (a) Avoiding the impact altogether by not taking a certain action or parts of an action. (b) Minimizing impacts by limiting the degree or magnitude of the action and its implementation. (c) Rectifying the impact by repairing, rehabilitating, or restoring the impacted environment. (d) Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action. (e) Compensating for the impact by replacing or providing substitute resources or environments. Regarding a Statement of Overriding Considerations, Guidelines Section 15093 provides: (a) CEQA requires the decision-maker to balance the benefits of a proposed project against its unavoidable environmenfal risks in determining whether to approve the project. If the benefits of a proposal project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered "acceptable". (b) Where the decision of the public agency allows the occurrence of significant effects which are identified in the final EIR but are not at least substantially mitigated, the agency shall state in writing the specific reasons to support its action based on the final EIR and/or other information in the record. This statement may be necessary if the agency also makes a finding under Section 15091(a){2) or (a){3). (c) If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the notice of determination. Having received, reviewed and considered the Final Environmental Impact Report for the San Bernardino General Plan Update and Associated Specific Plans, State Clearinghouse No. 2004111132 (FEIR), as well as all other information in the record of proceedings on this maller, the following Findings and Statement of Overriding Considerations (Findings) are hereby adopted by the City of San Bernardino (City) in its capacity as the CEQA Lead Agency. These Findings set forth the environmental basis for current and subsequent discretionary actions to be undertaken by the City and responsible agencies for the implementation of the General Plan Update and Associated Specific Plans (Project). 1.2 ENVIRONMENTAL REVIEW PROCESS In conformance with CEQA and the State CEQA GUidelines, the City of San Bemardino conducted an extensive environmental review of the proposed Project. The environmental review process has included the following: . Completion of an Initial Study by the City of San Bernardino, which concluded that an EIR should be prepared, and the Notice of Preparation (NOP) which was released for a 30-day public review period from November 29, 2004 to December 28, 2004. Section 2,3 of the DEIR describes the issues identified for analysis in the DEIR through the Initial Study, Notice of Preparation and public scoping process. Page 2 . The Planning Cenler September 2006 Introduction and Summary . Preparation of a Draft EIR by the City of San Bernardino, which was made available for a 45-day public review period (July 25, 2005 - September 8, 2005). The Draft EIR consisted of three volumes. Volume I contains the text of the Draft EIR. Volume II contains the Appendices for the San Bernardino General Plan update analysis, including the NOP, comments on the NOP, service letters and supporting data and/or analysis of the following subjects: air quality, noise and traffic. Volume III contains the Appendices for the Arrowhead Springs Specific Plan analysis including the supporting data and/or analysis for air quality, biological resources, cultural resources, geotechnical, hazards (Phase I Environmental Site Assessment), hydrology/water quality, noise, transportation and circulation, water supply, facility plan and annexation study. The Notice of Availability/Completion of the Draft EIR was sent to interested persons and organizations, was noticed in the San Bernardino County Sun and was posted at the Clerk of the Board of Supervisors of San Bernardino County. . Preparation of a Final EIR, including the Comments and Responses to Comments on the Draft EIR. The Final EIRlResponse to Comments contains the following: comments on the Draft EIR; responses to those comments; revisions to the Draft EIR and appended documents. The Final EIRlResponse to Comments was released for a 10-day public review period on September 30, 2005. . Public hearings on the proposed Project. 1.3 PROJECT SUMMARY The proposed project consists of three main elements: 1) update of the City's General Plan; which includes 2) the University District Specific Plan; and 3) Arrowhead Springs Specific Plan with associated annexation. The General Plan update consists of a comprehensive update to the City's General Plan with the exception of the Housing Element, which was adopted July 2003 and included but simply reformatted to fit the new document. The proposed General Plan Update reflects the community's view of its future and can be thought of as the blueprint for the City's growth and development. The general plan projects conditions and needs into the future as a basis for determining iong-term objectives and policies for day-to-day decision-making. While the life of the General Plan is generally considered to be 20 years, the General Plan includes policies and programs that are short term, long term, and ongoing. Some portions of the General Plan, such as the land use plan, are not linked to any timeline. The land use plan reflects build-out, which will occur through voluntary methods or redevelopment efforts throughout the life of the City. The general plan is considered "comprehensive" since it covers the territory within the boundaries of the City and any areas outside of its boundaries that relate to its planning activities (sphere of influence). The City of San Bernardino's total planning area is 45,231 acres, or 71 square miles. The General Plan is also comprehensive in that it addresses a wide variety of issues that characterize a city. These issues range from the physical development of the jurisdiction, such as general locations, timing, and extent of land uses and supporting infrastructure, to social concerns such as those identified in the housing element regarding housing affordability. To address this range of issues, the proposed General Plan is divided into 14 topical sections, or Elements the same as the existing General Plan: Introduction, Land Use, Housing, Economic Development, Community Design, Circulation, Public Facilities and Services, Parks, Recreation, and Trails, utilities, Safety, Historical and Archaeological Resources, Natural Resources and Conservation, Energy and Water Conservation and Noise. The General Plan is guided by a Vision Statement and Key Strategies, which describe the basic direction of the policies contained in this Plan and represent the community's view of its future. The University District is located in the northwestern portion of the City in the foothills of the San Bernardino Mountains overlooking the Cajon Creek Wash and the Glen Helen Regional Park. The University District Specific Plan focuses on the aesthetic treatment of the public rights-of-way and other programs designed to create an identifiable district surrounding the University. The Specific Plan includes design guidelines addressing the treatment of landscaping, signage, banners, gateways, and pedestrian/bicycle connections. General Plan Update and Associated Specific Plan EIR City of San Bernardino. Page 3 Findings of Fact and Statement of Overriding Considerations Introduction and Summary There are no unique land use changes or circulation system changes or developments proposed as a part of the University District Specific Plan, therefore analysis of the impacts of this Specific Plan were enveloped in the discussion of the General Plan update impacts. The Arrowhead Springs Specific Plan provides standards and guidelines for the use and development of 1.916 acres, including 368 acres that are currently located within the incorporated City boundary and the remaining 1,548 acres that are located in unincorporated County of San Bemardino but within the sphere of influence of the City. Included as part of this project, is the annexation of the 1,548 acres into the City of San Bernardino. The Specific Plan calls for a mixed use resorUresidential development centered on the existing Arrowhead Springs Hotel and ResorUSpa and includes: 1,350 units including 36 single-family detached and 1,314 multi-family units; 1,044,646 square feet of existing and new commercial and office uses; a new 199- acre, 18-hole public golf course; the reuse of the historic Arrowhead Springs Hotel; a new 300-room hotel; a new conference center and reuse of the existing conference center and the reuse and expansion of the historic Arrowhead Springs spa/resort. Of the total non-residential area, 235,996 square feet exist and will be preserved and enhanced as a part of this plan. These non-residential uses could result in approximately 2,530 new jobs. The deveiopable area is clustered into 506 acres near existing development and is distributed within 1,400 acres of open space and watershed, which will comprise 73 percent of the site. The Arrowhead Springs Specific Plan also includes a total of 21.0 acres of parks in the developed area. 1.4 DOCUMENT FORMA T This document summarizes the significant environmental impacts of the project, describes how these impacts are to be mitigated, and discusses various alternatives to the proposed project which were developed in an effort to reduce the remaining significant environmental impacts. All impacts are considered potentially significant prior to mitigation unless otherwise stated in the findings. Following this Introduction and Summary section, the document is divided into two major sections: Part A - San Bernardino General Plan and Part B - Arrowhead Springs Specific Plan, consistent with the format of the DEIR that separated the impacts into General Plan (including the University District Specific Plan) and Arrowhead Springs Specific Plan. Each of those major sections contains the following three sub-sections: . Section (A or B) 1 - Findings on the Project Altematives Considered in the Environmental Impact Report; . Section (A or B) 2 - Findings on Potentially Signfficant Impacts of the Proposed Project Identified in the DEIRlFEIR; . Section (A or B) 3 -Statement of Overriding Considerations; Section A1 or 81, Findings on the Project Alternatives Considered in the Environmental Impact Report, presents alternatives to the project and evaluates them in relation to the findings set forth in Section 15091 (a)(3) of the State CEQA Guidelines, which allows a public agency to approve a project that would result in one or more significant environmental effects if the project alternatives are found to be infeasible because of the specific economic, social, or other considerations. Section A2 or B2, Findings on Potentially Significant Impacts of the Proposed Project Identified in the DEIR/FEIR, presents significant impacts of the proposed project that were identified in the FEIR, the mitigation measures identified in the MMP, the findings for the impacts, and the rationales for the findings. Section A3 or B3, Statement of Overriding Considerations, presents the overriding considerations for significant impacts related to the project that cannot be or have not been mitigated or resolved. These considerations are required under Section 15093 of the State CEQA Guidelines, which require decision makers to balance the benefits of a proposed project against its unavoidable environmental risk in determining whether to approve the project. Page 4 . The Planning Center September 2006 Part A - San Bernardino General Plan A1. FINDINGS ON PROJECT ALTERNATIVES CONSIDERED IN THE DRAFT EIR A 1. 1 Alternatives Considered and Rejected During the Scoping/Project Planning Process The following describes the alternatives considered throughout this project that were eventually rejected: A1.1.1 General Plan As the General Plan was being created. it was clear that large scale changes in land use patterns and designations were not necessary to achieve the City's goals. which were centered on a desire to improve the City's image and functionality. Shifts in policy focus, changes in allowable uses. and emphasis on priorities would suffice. Strategic Policy Areas were created to identify key areas within the City and house focused policies intended to help achieve the City's goals. The direction for each Strategic Policy area was developed in consultation with the City. While some of the initial policy recommendations shifted over time, the changes have been subtle and do not qualify as alternatives. However. land use alternatives were considered for the Verdemont Heights area. In Verdemont Heights, two alternatives were considered that were intended to allow a mixed-use village core to develop within a proposed mixed-use land use designation. The two altematives both included a mixed-use village but varied in residential intensity. Alternative 1 accommodated 405 residential units. mostly on 3,600-square-foot lots, and 384,000 square feet of retail and office uses. Alternative 2 accommodated 181 residential units on 12,000-square-foot lots and 384.000 square feet of retail and office uses. These alternatives were rejected by the City due to concerns about higher residential density and the prevailing. detached residential character of the area. A1.1.2 University District Specific Plan The following three land use alternatives to the proposed plan were developed during a design charrette that occurred on December 11. 2001. The alternatives were presented at a joint meeting with University and City staff on August 7, 2002. At this workshop, Alternative 1 was selected as the preferred plan and eventually included in the University District Specific Plan. For a description of Alternative 1, please see Section 3, Project Description. The following alternatives were rejected due to concerns about changing the Master Plan for the University, concerns about increased residential intensification, and the status of pending projects at the intersection of University Parkway and Northpark Boulevard, which, subsequent to the review of alternatives. were approved by the City. Alternative 2 The focus of Alternative 2 was on the construction of specialized housing (e.g., Sorority Row or Honors Housing) along the completed Loop Road in the western portion of campus and a new conference center adjacent to the loop road on the east side of campus. The new conference center would provide facilities to host activities that are attended by the community and university students, which would further increase the interaction between the community and the University. In this alternative, existing traffic levels were maintained on Little Mountain Drive and University Parkway. and the completion of Campus Parkway would allow traffic into the University to be evenly distributed between these three access points. New parking structures were proposed adjacent to Coyote Drive and Sierra Drive to maximize the availability of areas where the University can construct new educational facilities and to minimize the physical distance separating the University from the community. General Plan Update and Associated Specific Plan EIR City of San Bernardino. Page 5 Findings of Fact and Statement of Overriding Considerations ~6 Part A - San Bernardino General Plan A1. FINDINGS ON PROJECT ALTERNATIVES CONSIDERED IN THE DRAFT EIR Alternative 3 Alternative 3 intensified uses and buildings at the intersection of Northpark Boulevard and University Parkway. Intensified uses concentrate activity and facilitate the pedestrian traffic flow that is desired between the University and adjacent businesses and residences, promote more intense and lively urban activity, promote the use of transit, and establish a more efficient use of services and infrastructure than the existing land uses and building configurations. New buildings were proposed at the four corners of the intersection of University Parkway and Northpark Boulevard to visually and physically establish this area as the gateway into the University. The areas within the University's boundaries would serve as the location for the admissions building or administrative offices and could be easily accessible by prospective students or administrative staff. This alternative included a new conference center at the southwest corner of University Parkway and Northpark Boulevard and specialized student housing (e.g. Sorority Row or Honors Housing) on the northeast portion of campus, south of the Paradise Hills Specific Plan area and just north of the loop road. To minimize conflicts between increased pedestrian activity and vehicular traffic, University Parkway was proposed to serve as a ceremonial entrance with limited traffic volumes and speeds. Campus Parkway and Little Mountain Drive were envisioned to carry the majority of daily traffic and new parking structures would provide the parking necessary to serve the University's needs while creating space for the new buildings that would be proposed as part of the intersection intensification. Alternative 4 Alternative 4 emphasized development of dense student housing along the Loop Road of the campus. This intensified hillside development was envisioned to create a compact, village atmosphere that emphasizes a sense of community and provides additional housing to accommodate increases in student population. The north side of Loop Road was envisioned to accommodate a golf course, nursery, botanical gardens, and recreational trails. In this alternative, the University Stadium was relocated to an area near Northpark Boulevard in order to concentrate major activity centers of the University and surrounding properties in one area, allow for more efficient vehicular access, and minimize traffic congestion on Loop Road. This alternative also included a mixed-use project at the intersection of University Parkway and Northpark Boulevard. The combination of residential, office and retail uses at the gateway of the University were envisioned to draw pedestrian activity onto the campus, and link the University to the surrounding community and conference center proposed just south of Northpark Boulevard. Retail uses within the mixed-use project would have created a visually interesting entryway and serve as a revenue source for the college. Since the majority of pedestrian activity would have occurred at the intersection of University Parkway and Northpark Boulevard, University Parkway was envisioned to serve as the ceremonial entrance with reduced volumes and speeds of vehicular traffic. Little Mountain Drive and Campus Parkway were envisioned to handle the majority of the traffic, and new parking structures would allow for the intensification of buildings. AI.2 Alternatives Selected for Analysis CEQA states that an EIR must address "a range of reasonable alternatives to the project, or to the location of the project, which could feasibly attain the basic objectives of the project, but would avoid or substantially lessen any of the significant effects of the project and evaluate the comparative merits of the alternatives" [Guidelines Section 15126.6(a)]. As described in Section 7.0 of this DEtR, two project alternatives for the General Plan update were identified and analyzed for relative impacts as compared to the proposed project: Page 6 . The Planning Center September 2006 Part A - San Bernardino General Plan A1. FINDINGS ON PROJECT ALTERNATIVES CONSIDERED IN THE DRAFT EIR . No ProjecUExisting General Plan Alternative . Reduced Intensity Alternative These alternatives have been determined to represent a reasonable range of alternatives that have the potential to feasibly attain most of the basic objectives of the project but may avoid or substantially lessen any of the significant effects of the project. These alternatives are briefly summarized below. A1.2.1 No-Project/Existing General Plan Alternative The No ProjecUExisting Generai Plan Alternative, as. required by the CEQA Guidelines, analyzes the effects of continued implementation of the City's existing General Plan. This alternative assumes the existing General Plan remains as the adopted long-range planning policy document for the City. Development would continue to occur within the City in accordance with the existing General Plan and Specific Plans. Build-out pursuant to the existing General Plan would allow current development patterns to remain. The existing General Plan would not allow for the development in the SOl as envisioned in the proposed General Plan Update, which primarily involves the Martin Ranch on the northern border of the City and Arrowhead Springs. The No ProjecUExisting General Plan Alternative would provide 99,233 dwelling units, increase population by 156,263 persons over the 2005 SCAG estimate of population, and provide a total of 369,923 jobs within the City at build-out, as compared to the proposed General Plan Update. The Arrowhead Springs area would not be developed as a specific plan and would not be annexed into the City. The No ProjecUExisting General Plan Alternative would be considered the environmentally inferior alternative with regard to all impact categories except Population and Housing where this alternative would be superior due to a jobs-to-household ratio that would be more desirable and Mineral Resources, which would be considered environmentally neutral. ~ Finding: Alternative Less Than Desirable The San Bernardino City Council finds that the No-ProjecUExisting General Plan Alternative, while feasible, is less than desirable than the proposed project and rejected this alternative for the following reasons: . This Alternative would not attain many of the proposed project objectives for the General Plan update or the University District Specific Plan identified in Section 3.2.1 and 3.2.2, respectively. For the General Plan, the more critical objective to promote an attitude of entrepreneurship and action through a new era of collaboration and to develop a distinct personality both at a community wide and neighborhood level would be difficult to accomplish with the existing General Plan without the vision and key strategies developed through the General Plan update process. . This alternative would not reduce or avoid the most significant effects of the proposed project. . Strategies to enhance and capitalize on the City assets, such as downtown and San Bernardino State University, would not be realized. . Comprehensive programs to address the inefficient strip-commercial land use patterns along City corridors and neighborhood enhancement would not be realized. . The benefit of having a consistent approach to pianning decisions guided by documented Vision and Key Strategies wouid not be realized. General Plan Update and Associated Specific Plan EIR City of San Bernardino. Page 7 Findings of Fact and Statement of Overriding Considerations Part A - San Bernardino General Plan A1. FINDINGS ON PROJECT ALTERNATIVES CONSIDERED IN THE DRAFT EIR A1.2.2 Reduced Intensity Alternative The Reduced Intensity Alternative focuses on reducing impacts on traffic and thus the impacts on air quality and noise by changing the allowable floor area ratio (FAR) of the commercial and industrial land uses to a range between 1.50 and 0.35 for commercial and between 0.50 and 0.25 for industrial uses thereby decreasing the number of jobs and the resulting traffic. The proposed General Plan assumes an FAR range between 3.0 and 0.70 for commercial and 1.00 and 0.70 for industrial uses. Estimated population and housing units would stay the same as the proposed project but job creation would be reduced to 178.443 from 355,629 in the proposed project. consequently reducing the jobs to household ratio. The Reduced Intensity Alternative would be considered the environmentally superior alternative as compared 10 the proposed General Plan for Aesthetics. Air Quality, Cultural Resources, Hazards and Hazardous Materials, Hydrology and Water Quality, Mineral Resources, Noise, Population and Housing, Public Services, Transportation and Traffic and Utilities. The Reduced Intensity Alternative would be considered environ- mentally neutral for Biological Resources, Geology and Soils, Land Use and Planning and Recreation. Finding: Alternative Less Than Desirable The San Bernardino City Council finds that the Reduced Intensity Alternative, while feasible, is less than desirable than the proposed project and rejected this alternative for the following reasons: . While this alternative is feasible, it would not meet the objective to "Tap into the Inland Empire's dynamic economy" or help the City "Deal with new fiscal realities", which are two important objectives in accomplishing remaining objectives such as "Realize quality housing in safe and attractive neighborhoods". The City must work toward attracting better quality jobs by creating a positive development attitude toward new businesses and providing the opportunities for existing businesses to expand where they are located, This alternative would not accomplish those goals. . The allowable floor area ratios (FAR) are reduced to a point that they would prevent flexibility for developments to differ from typical market products. . The Reduced Intensity Alternative would reduce but not eliminate traffic impacts and the air quality impacts caused by increased traffic under the proposed project. However the benefit of having a strong local economy, which would be more difficult to accomplish with this alternative, may help to discourage long commute trips that contribute to regional air quality problems. Page 8 . The Planning Center September 2006 Part A - San Bernardino General Plan A2. FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT IDENTIFIED IN THE DEIR/FEIR A2 FINDINGS ON POTENT/ALL Y SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT IDENTIFIED IN THE DEIR/FEIR A2.l Air Quality GP Impact 5.2-2: Construction activities associated with the proposed project would generate short-term emissions while long-term operation of the project would generate additional vehicle trips and associated emissions in exceedance of SCAQMD's threshold criteria. [Thresholds AQ.2 and AQ-3] The proposed project is expected to generate emissions levels that exceed AOMD threshold criteria for CO, ROG, NOx, and PMlO in the SoCAB, which is classified as a non-attainment area. Goals and Policies contained in the General Plan would facilitate continued City cooperation with the SCAOMD and SCAG to achieve regional air quality improvement goals, promotion of energy conservation design and development techniques, encouragement of alternative transportation modes, and implementation of transportation demand management strategies. However, additional mitigation measures would be required. Mitigation Measures: GP 5.2-2A Prior to the issuance of grading permits. the property ownerldeveloper shall include a note on all grading plans which requires the construction contractor to implement following measures during grading. These measures shall also be discussed at the pregrade conference. . Use low emission mobile construction equipment. ~ . Maintain construction equipment engines by keeping them tuned. . Utilize existing power sources (i.e., power poles) when feasible. . Configure construction parking to minimize traffic interference. . Minimize obstruction of through-traffic lanes. When feasible, construction should be planned so that lane closures on existing streets are kept to a minimum. . Schedule construction operations affecting traffic for off-peak hours to minimize traffic congestion. . Develop a traffic plan to minimize traffic flow interference from construction activities (the plan may include advance public notice of routing, use of public transportation and satellite parking areas with a shuttle service). GP 5.2-2B The City shall promote the use of low or zero vac content architectural coatings for construction and maintenance activities. GP 5.2-2C The City shall reduce vehicle emissions caused by traffic congestion by implementing transportation systems management techniques that include synchronized traffic signals and limiting on-street parking. Gel/eral Plan Update and Associated Specific Plan EIR City of San Bernardino. Page 9 Findings of Fact and Slalement of Overriding Considerations Part A - San Bernardino General Plan A2. FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT IDENTIFIED IN THE DEIRlFEIR GP 5.2-20 The City shall consider the feasibility of diverting commercial truck traffic to off-peak periods to alleviate non-recurrent congestion as a means to improve roadway efficiency. GP 5.2-2E The City shall promote the use of fuel efficient vehicles such as fuel hybrids when purchasing vehicles for the City's vehicle fleet. Finding: The policies contained in the proposed General Plan update are expected to reduce emissions associated with future development. However, even after the application of these policies and the mitigation measures listed above, implementation of the General Plan update when viewed as a whole project is expected to generate emissions levels in that exceed the AQMD threshold criteria for CO, ROG, NOx, and PM" in the SoCAB, resulting in a significant unavoidable adverse air quality impact. A Statement of Overriding Considerations must be adopted concurrent with project approval. GP Impact 5.2-3: Implementation of the San Bernardino General Plan update would result in a cumulatively considerable net increase of criteria pollutants for which the project region is in a state of non-attainment. [Threshold AQ-3] Emissions associated with General Plan buildout would result in emissions which exceed the SCAQMO significance thresholds for construction and operational phases as stated in GP Impact 5.2-2. As such, the SCAQMO considers these emissions to be significant on a cumulative basis. The construction and operation through implementation of the General Plan would result in cumulative air quality impacts. Mitigation Measures: GP 5.2-3 Implementation of mitigation measures GP 5.2-2A, S, C, 0 and E shall be applied to reduce cumulative impacts. Finding: The policies contained in the proposed General Plan update are expected to reduce cumulative emissions associated with future development. However, even after the application of these policies and the mitigation measures listed above, implementation of the General Plan update when viewed as a whole project is expected to generate cumulative emissions levels that exceed the AQMD threshold criteria for CO, ROG, NOx, and PM,. in the SoCAB, resulting in a significant unavoidable adverse air quality impact. A Statement of Overriding Considerations must be adopted concurrent with project approval. A2.2 Cultural Resources GP Impact 5.4-1: Build-out of the San Bernardino General Plan could result in the loss of potentially historic structures. [Threshold C-1] Build-out of the San Bernardino General Plan over the long term would allow development or re-development to occur In historically sensitive areas which could result in the loss of potentially historic structures. Mitigation Measures: GP 5.4-1 In areas of documented or inferred historic resource presence, City staff shall require applicants for development permits to provide studies to document the presence/absence of historical resources. On properties where historic structures or resources are identified, such studies shall provide a detailed mitigation plan, including Puge /0 . The Planning Center September 2006 Part A - San Bernardino General Plan A2. FINDINGS ON POTENT/ALLY SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT IDENTIFIED IN THE DEIR/FEIR a monitoring program and recovery andlor in situ preservation plan, based on the recommendations of a qualified historical preservation expert. Finding: The mitigation measure identified is feasible and will avoid or substantially lessen the potentially significant impacts associated with historic resources to a level of less than significant and no unavoidable adverse impacts would occur, GP Impact 5.4-2: Build-out of the General Plan could impact sensitive archaeological resources, paleontological resources, or a unique geologic feature. [Thresholds C-2 and C-3] Adoption of the General Plan in itself would not directly affect any archeological or paleontological resources. However, iong-term implementation of the General Plan land use policies could allow development and redevelopment, including grading, of sensitive areas, potentially impacting sensitive archeological, paleontological, and unique geologic resources. Mitigation Measures: GP 5.4-2 In areas of documented or inferred archeological andlor paleontological resource presence, City staff shall require applicants for development permits to provide studies to document the presencelabsence of such resources. On properties where resources are identified, such studies shall provide a detailed mitigation plan, including a monitoring program and recovery andlor in situ preservation plan, based on the recommendations of a qualified cultural preservation expert. ~ Finding: The mitigation measure identified is feasible and will avoid or substantially lessen the potentially significant impacts associated with archeological andlor paleontological resources or unique geologic features to a level of less than significant and no unavoidable adverse impacts would occur, GP Impact 5.4-3: Grading activities could potentially disturb human remains. [Threshold C-4] Adoption of the General Plan in itself does not involve grading activities and would not directly disturb any human remains. However, long-term implementation of the General Plan land use policies could allow development and redevelopment, including grading, of sensitive areas thereby disturbing human remains. Mitigation Measures: GP 5.4-3 In the event of the accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the following steps shall be taken: There shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the San Bernardino County Coroner is contacted to determine if the remains are prehistoric and that no investigation of the cause of death is required, If the coroner determines the remains to be Native American, then the coroner shall contact the Native American Heritage Commission with in 24 hours, and the Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent from the deceased Native American. The most likely descendant may make recommendations to the landowner or the person responsible for the excavation work, for means of treating General Plan Update and Associated Specific Plan EIR City of San Bernardino. Page 11 Findings of Fact and Statement of Overriding Considerations Part A - San Bernardino General Plan A2. FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT IDENTIFIED IN THE DEIR/FEIR or disposing of, with appropriate dignity, the human remains and any associated grave goods as provided in Public Resources Code Section 5097.98; or Where the following conditions occur, the landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity either in accordance with the recommendation of the most likely descendant or on the property in a location not subject to further subsurface disturbances: . The Native American Heritage Commission is unable to identify a most iikely descendant or the likely descendant failed to make a recommendation within 24 hours after being notified by the commission; or . The descendant identified fails to make a recommendation; or . The landowner or his authorized representative rejects the recommendation of the descendant, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. Finding: The mitigation measure identified is feasible and will avoid or substantially lessen the potentially significant impacts associated with disturbance of human remains outside of formal cemeteries to a level of less than significant and no unavoidable adverse impacts would occur. A2.3 Noise GP Impact 5.10-1: Project implementation would result in long-term operation-related noise that would exceed local standards. [Thresholds N.1 and N-3] Implementation of the General Plan update would result in long-term operation-related noise caused by stationary (facilities), roadway, railroad and aircraft sources that would exceed local standards. Mitigation Measures: GP 5.10-1 Prior to the issuance of building permits for any project that involves a noise sensitive use within the 65 dBA CNEL contour along major roadways or freeway, railroads, or the San Bernardino International Airport, the project property owner/developers shall submit a final acoustical report prepared to the satisfaction of the Planning Director. The report shall show that the development will be sound-attenuated against present and projected noise levels, including roadway, aircraft, helicopter and railroad, to meet City interior and exterior noise standards. Finding: The mitigation measure identified is feasible and will avoid or substantially lessen the potentially significant impacts associated with noise to a level of less than significant and no unavoidable adverse impacts would occur. GP Impact 5.10-2: Buildout of the San Bernardino General Plan would .create short-term and long-term groundborne vibration and groundborne noise. [Threshold N-2] Page 12 . The Planning Celller September 2006 Part A - San Bernardino General Plan A2. FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT IDENTIFIED IN THE DEIR/FEIR The implementation of the General Plan update could result in ground borne vibration and ground borne noise from vibration intensive construction activities and increased train travel along railroads that may result in significant vibration impacts. Mitigation Measures: GP 5.10-2 Adherence to Mitigation Measure GP 5.10-1 would result in exteriorlinterior noise levels within the City noise standards, as a result, vibration created from noise levels that exceed the City noise standards would also be mitigated. Finding: The mitigation measure identified is fe'asible and will avoid or substantialty lessen the potentially significant impacts associated with noise to a level of less than significant and no unavoidable adverse impacts would occur. GP Impact 5.10-4: The San Bernardino International Airport is located within the City of San Bernardino, resulting in exposure of future residents to airport-related noise. [Thresholds N-5 and N-6} The San Bernardino International Airport is located within the City and the use of the airport is changing from a military operation to commercial aviation. However an Airport Land Use Plan has not been adopted. The City would be required to amend the General Plan once the Airport Land Use Plan has been adopted. Since future aircraft use has not been determined, no noise contours are available for the future use of the airport. In the interim. the City of San Bernardino regulates land uses around the airport through the existing noise ordinance based on noise contours from the former Norton Air Force Base. Although noise contours for future uses are not known, some sensitive lands uses (parkland) by City standards are located underneath the existing flight paths which may not change. This would result in significant noise impacts on these sensitive uses. ~ Mitigation Measures: GP 5.10-4 The City of San Bernardino shall incorporate into the General Plan the noise contour map developed for the SBIAA after completion of the Airport Master Plan. Finding: Until the Airport Master Plan has been adopted by the SBIAA and corresponding noise contours have been established, the extent of impact to parkland near the airport cannot be determined. Parkland is designated as a sensitive use in the General Plan and should the noise contour exceed the limitations established by the General Plan no foreseeable mitigation could be accomplished if the park were to remain in use. Under those circumstances the impact would be considered a significant adverse and unavoidable impact and a Statement of Overriding Considerations must be adopted by the Common Council. A2.4 Transportation and Traffic GP Impact 5.14-1: Trip generation at build-out of the General Plan would impact levels of service for the existing area roadway system. [Threshold T-1} Twelve intersections were determined to function at an unacceptable LOS of E or worse and 4 roadway segments were determined to function at an unacceptable LOS of D or worse at build-out of the General Plan. General Plan Update and Associated Specific Plan EIR City of San Bernardino. Page 13 Findings of Fact and Statement of Overriding Considerations Part A - San Bernardino General Plan A2. FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT IDENTIFIED IN THE DEIR/FEIR Mitigation Measures: GP 5.14-1 Prior to adoption of the General Plan Update the City of San Bernardino shall add the following recommendations to the Circulation Element of the General Plan update: . Signalize the intersection of Meridian Avenue @ Rialto Avenue. With signalization and permitted phasing the intersection will operate at LOS A during both peak hours. . Signalize the intersection of Hunts Lane @ E Street. With signalization and protected phasing. and the addition of one NB left-turn lane the intersection will operate at LOS Band C during the AM and PM peak hours. respectively. . Add an additional westbound right-turn lane at the intersection of Waterman Avenue @ 30th Street. With one additional WB right-turn lane the intersection will operate at LOS 0 and C during the AM and PM peak hours. respectively. . Add an additional northbound right-turn lane at the intersection of Waterman Avenue @ SR-30 EB Ramps. With one additional NB right-turn lane and one additional EB left-turn lane the intersection will operate at LOS 0 during both peak hours. . Signalize the intersection of SR-30 WB Off-ramp @ 30th Street. With signalization and protected phasing, the intersection will operate at LOS C during both peak hours. . . Signalize the intersection of Harrison Street @ 40th Street. With signalization and permitted phasing the intersection will operate at LOS A and C during the AM and PM peak hours, respectively. . Signalize the intersection of Waterman Avenue @ 36th Street. With signalization and permitted phasing the intersection will operate at LOS A and B during the AM and PM peak hours. respectively. . Signalize the intersection of Waterman Avenue @ 34th Street. With signalization and permitted phasing the intersection will operate at LOS A during both peak hours. . Signalize the intersection of Valencia Avenue @ 40th Street. With signalization and permitted phasing the intersection will operate at LOS A during both peak periods. . Add an additional westbound right-turn lane at the intersection of Del Rosa Avenue @ SR-30 WB Ramps. With one additional WB right-turn lane the intersection will operate at LOS Band C during AM and PM peak hours. respectively. Page 14. The Planning Cellter September 2006 Part A - San Bernardino General Plan A2. FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT IDENTIFIED IN THE DEIR/FEIR . Signalize the intersection of Tippecanoe Avenue @ Rialto Avenue. With signalization and permitted phasing the intersection will operate at LOS A and B during AM and PM peak hours, respectively. . Signalize and add one northbound exclusive left-turn lane and one exclusive northbound right-turn lane at the intersection of Rancho Avenue @ 5th Street/Foothill Road. With signalization and EIW protective phasing, N/S split phasing, one NB exclusive left-turn lane and one NB exclusive right- turn lane the intersection will operate at C and D during AM and PM peak hours, respectively. . . Signalize and add one additional through lane in each direction at the intersection of Mount View Avenue @ San Bernardino Road. With signalization, protective phasing and one exclusive left, thru and right-turn lane in each direction and EB right turn overlap phasing the intersection will operate at LOS C and D during AM and PM peak hours, respectively. Finding: The mitigation measure identified is feasible and will avoid or substantially lessen the potentially significant impacts associated with Congestion Management Agency service standards to a level of less than significant and no unavoidable adverse impacts would occur. GP Impact 5.14-2: General Plan related trip generation in combination with existing and proposed cumulative development would result in designated intersections, road and/or highways exceeding county congestion management agency service standards. [Threshold T-2l ~ One CMP intersection and one CMP roadway segment were determined to function at an unacceptable LOS of F as well as numerous freeway segments. The CMP intersection impacted would be mitigated by mitigation measure GP 5.14-1 however additional mitigation measures would be needed for roadway segments. Mitigation Measures: GP 5.14-2 The City of San Bernardino shall cooperate with regional transportation agencies toward mitigating impacts to regional transportation facilities by measures such as securing fair share contributions from future projects impacting mainline freeway segments. Mitigation of impacts to regional transportation facilities would require the following freeway improvements: . 1-10 EB from Jet. 1-21 to Waterman Avenue, add two lanes. . 1-10 WB from Jet. 1-21 to Waterman Avenue, add one lane. . 1-10 EB and WB from Waterman Avenue to Tippecanoe Avenue, add two lanes each direction. . 1-10 EB and WB from Tippecanoe to Mountain View, add two lanes each direction. General Plan Update and Associated Specific Plan EIR City of San Bernardino. Page 15 Findings of Fact and Statement of Overriding Considerations Part A - San Bernardino General Plan A2. FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT IDENTIFIED IN THE DEIR/FEIR . SR-30 EB from Highland Avenue to Jct. 1-215, add two lanes. . SR-30 WB from Highland Avenue to Jct. 1-215, add one lane. . SR-30 EB and WB from Jct. 1-215 to H Street, add one lane each direction. . SR-30 EB and WB from H Street to SR-259 add one lane each direction. . SR-30 EB from SR-259 to Waterman Avenue, add one lane. . 1-215 NB and SB from Jct. 1-10 to Orange Show Road, add one lane. . 1-215 NB from Jct. SR 66 to Baseline Street, add three lanes. . 1-215 SB from Jct. SR 66 to Baseline Street, add two lanes. . 1-215 NB and SB from Jct. SR 66 to University Parkway, add one lane. Finding: The mitigation measures identified are feasible and would avoid or substantially lessen the potentially significant impacts associated with traffic and transportation to a level of less than significant, however improvements to the freeway system are the responsibility of the existing regional transportation agencies and not the City of San Bernardino, Without the authority to implement the mitigation measures, the impact to freeway segments would remain a significant adverse and unavoidable impact and a Statement of Overriding Considerations must be adopted by the Common council. A2.5 Utilities and SeNice Systems Water GP Impact 5,15-1: Upgrades to the existing water supply and delivery systems would be required to adequately serve future growth in accordance with the proposed General Plan build-out. [Threshold WS-1 and WS-2] The General Plan Update contains policies, and programs encouraging water conservation. Although analysis shows supplies may be adequate for the San Bernardino planning area, cumulative use of water in the Bunker Hill sub-basin by all surrounding water providers may cause stress on the basin and necessitate additional importation of water causing a potentially significant impact on water supplies for the region. Mitigation Measures: GP 5.15-1 In accordance with the State Water Code (Section 10610-10645), the City shall maintain an updated Urban Water Management Plan (Water System Management Plan) which describes and evaluates sources of supply, reasonable and practical efficient uses, reclamation and demand management activities, necessary to adequately serve future growth pursuant to the City's General Plan. Page 16 . The Planning Center September 2006 Part A - San Bernardino General Plan A2. FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT IDENTIFIED IN THE DEIR/FEIR Finding: The mitigation measure identified is feasible and will avoid or substantially lessen the potentially significant impacts associated with water supply and distribution systems to a level of less than significant and no unavoidable adverse impacts would occur. Wastewater GP Impact 5.15-2: Project-generated wastewater could not be adequately treated by the wastewater service provider for the project. [Thresholds WW-1, WW-2, and WW.3] Existing secondary and tertiary treatment facilities would exceed design capacity with implementation and build-out of the General Plan Update and wastewater collection systems would experience additional flow deficiencies. Mitigation Measures: GP 5.15-2 The City of San Bernardino shall update the Wastewater Collection System Master Plan to reflect General Plan Update build-out statistics, review treatment facility capacity periodically and adjust Sewer Capacity Fees when appropriate in consultation with participating communities to accommodate construction of new or expanded wastewater treatment and collection facilities. Finding: The mitigation measure identified is feasible and will avoid or substantially lessen the potentially significant impacts associated with wastewater treatment and collection systems to a level of less than significant and no unavoidable adverse impacts would occur. ~ General Plfln Update and Associated Specific Plan EIR City of San Bernardino. Page 17 Findings of Fact and Statement of Overriding Considerations Part A - San Bernardino General Plan A3. STATEMENT OF OVERRIDING CONSIDERATIONS A3 STA TEMENT OF OVERRIDING CONSIDERA TlONS CEOA requires the decision-maker to balance the benefits of the proposed project against its unavoidable environmental risks in determining whether to approve the project. If the benefits of the project outweigh the unavoidable adverse effects, those effects may be considered "acceptable" (State CEOA Guidelines Section 15093[a]). However, in this case CEOA requires the agency to support, in writing, the specific reasons for considering a project acceptable when significant impacts are infeasible to mitigate. Such reasons must be based on substantial evidence in the FEIR or elsewhere in the administrative record (State CEOA Guidelines Section 15093 [b]). The agency's statement is referred to as a "Statement of Overriding Considerations." The City of San Bernardino is proposing to approve the General Plan update and associated specific plans for the University District and Arrowhead Springs and has prepared and certified a FEIR that satisfies the requirements of CEOA. The following adverse impacts of the General Plan update combined with the University District Specific Plan are considered significant and unavoidable based on the DEIR, FEIR, MMP, and the findings discussed previously in Part A, Section A 1 and A2 of this document. (Adverse impacts of the Arrowhead Springs Specific Plan are discussed in Part B of this document.) A3.1 Significant Unavoidable Adverse Impacts Air Quality Construction activity associated with buildout of the proposed General Plan update when viewed as a whole project would cause short term emissions of ROG, NOx, PMlO and CO that would exceed the threshold standards of the SCAOMD in an area classified as a non-attainment area. Additionally, when operational air emissions in 2005 are compared to air emissions created using full buildout statistics, the daily SCAOMD thresholds for ROG, NOx, PMlO and CO are exceeded. Operational emissions would include vehicle emissions in addition to stationary sources of emissions. Exceeding the SCAOMD emissions thresholds would be expected because these thresholds were designed for individual projects. As such, specific or general plans would substantially exceed the SCAOMD thresholds by orders of magnitude because these plans incorporate the development of multitudes of individual projects. Exceeding the SCAOMD daily emissions thresholds is considered a significant adverse impact. Application of the mitigation measures presented in Section A2.1 would reduce the level of impact, however when implementation of the General Plan update is viewed as a whole project, emission levels would continue to exceed the daily emission thresholds, resulting in an unavoidable adverse air quality impact. Exceeding the daily thresholds is also considered a significant cumulative impact by the SCAOMD. Mitigation measures listed would not reduce cumulative emissions to a level of less than significant resulting in an unavoidable adverse cumulative air quality impact. Noise The City of San Bernardino considers residential and park land uses to be sensitive noise uses and some selective residential and park land uses may be affected by noise from the future use of the San Bernardino International Airport. Currently the San Bernardino International Airport Authority is preparing an Airport Master Plan that will determine the noise contours. Once adopted, the Airport Master Plan will be incorporated into the General Plan. Without updated noise contours that reflect the future use of the airport, noise impacts to these selective areas could not be determined and therefore were considered significant impacts. If future noise contours exceed the limitations set by the General Plan for parks in the area, the impact cannot be mitigated resulting in an unavoidable adverse noise impact. Page 18 . The Planning Center September 2006 Part A - San Bernardino General Plan A3. STATEMENT OF OVERRIDING CONSIDERATIONS Transportation and Traffic Buildout of the General Plan update would result impacts to freeway segments that could be mitigated by the measures indicated in the DEIR that include cooperation with regional transportation agencies to secure fair share funding contributions from future projects. However, without the authority to implement those mitigation measures, impact to freeway segments would remain significant unavoidable and adverse impacts. A3.2 Considerations in Support of the Statement of Overriding Considerations The City, after balancing the specific economic, legal, social, technological, and other benefits of the proposed Project (General Plan Update), has determined that the unavoidable adverse environmental impacts identified above may be considered "acceptable" due to the following specific considerations, which outweigh the unavoidable, adverse environmental impacts of the proposed Project. Each of the separate benefits of the proposed Project, as stated herein, is determined to be, unto itself and independenlof the other Project benefits, a basis for overriding all unavoidable adverse environmental impacts identified in these Findings. A significant benefit of the Updated General Plan is that it provides a unifying vision for the next 20 years. The Vision provides unity to the entire General Plan as well as policy guidance for the City officials and staff. In the absence of this vision, the General Plan lacks a clear direction. Subsequently, development and changes would occur on an individual basis and potentially threaten the ability to maximize the potential of the City. In addition to this fundamental improvement, the General Plan includes the following benefits: ~ Address the Unique Issues of Specific Geographic Locations San Bernardino has many unique gems that can be enhanced and/or capitalized upon to improve the City. The General Plan includes a set of policies that are intended to help create, preserve, revitalize, and enhance selected areas of the City. The Strategic Policy Areas include two basic distinctions: areas where enhancement is desired but changes in the land use pattern are not anticipated or desired and those areas where change is desired and merits guidance and/or stimulation. The following Strategic Policy Areas are provided in the General Plan: 1. San Bernardino Valley College Strategic Area. The San Bernardino Valley College is a major community feature that can be capitalized upon as a catalyst for growth and improvement in the area, as well as a positive marketing tool for the City as a whole. The intent this Strategic Area is to interconnect and unify the district through the use of cohesive design, landscaping, and signage, enhanced pedestrian connections, and improved parking conditions. 2. Santa Fe Depot Strategic Area. Thecenterpiece of this Strategic Area is the Historic Santa Fe Depot. The goal of the Strategic Area is to integrate the Depot with the surrounding neighborhood and create an identifiable district, help the surrounding businesses become more economically viable, and improve the aesthetics of the area. 3. Redlands Boulevard Strategic Area. The goal of this Strategic Area is to help businesses remain economically robust, visible, and to attract viable uses that will help strengthen the City's tax base. 4. Tippecanoe Strategic Area. The goal of this Strategic Area is to address the area's infrastructure needs, to help the area capitalize upon adjacent economic opportunities, such as the San Bernardino International Airport, improve the area's aesthetics, improve the circulation system, to redevelop vacant and underutilized lands into their highest potential, and to capitalize upon the presence of the Santa Ana River. General Plan Update and Associated Specific Plan EIR City of San Bernardino. Page 19 Findings of Fact and Statement of Overriding Consideratiolls Part A - San Bernardino General Plan A3. STATEMENT OF OVERRIDING CONSIDERATIONS 5. Eastern Recreation Village Strategic Area. The purpose of this Strategic Area is to enhance and capitalize upon recreational opportunities in the area. Given the soccer complex, the elementary and high school, park, and Warm Creek, the goal is develop and market this area as a recreational village. Multi- purpose trails and pedestrian amenities could be provided to link the village and the major features in the Strategic Area. 6. Residential Conversion/Restoration Strategic Area. The purpose of this Strategic Area is to promote the converSion of the remaining four unit apartments to ownership units, as well as reinvestment and stability in the area. 7. Southeast Industrial Strategic Area. The goal of this Strategic Area is to protect the industrial job base, help improve residential conditions, and to help mitigate impacts to adjacent residences. The Santa Ana River, which borders the northern portion of this Strategic Area, is a regional amenity that the City must enhance and protect and which can be utilized as an asset for local industrial users and residents. 8. Southeast Strategic Area. The purpose of this Strategic Area is to improve the conditions and' accessibility of residential neighborhoods in the area. Homes in this Strategic Area are in need of rehabilitation, should be separated from the surrounding Industrial areas with berming and buffers, and should be connected physically and socially with the rest of the City. 9. San Bernardino International Airport and Trade Center Strategic Area. The San Bernardino International Airport and Trade Center (SBIA) is one of the City's greatest economic growth opportunities in the region. The purpose of this Strategic Area is to allow properties surrounding the SBIA to develop with uses that are related to or can benefit from the proximity of an airport. For instance, business oriented and general aviation related uses, manufacturing, warehousing, offices, and travel related business such as hotels, could be attracted by the presence of the Airport. 10. Downtown Strategic Area. The Downtown Strategic Area is the symbolic center as well as the social and economic heart of San Bernardino, The purpose of this Strategic Area is to facilitate revitalization of Downtown through an infusion of office and mixed uses, connections to surrounding uses, such as the Arrowhead Credit Union Park and the National Orange Show, and a unifying aesthetic theme, 11. Community Hospital Strategic Area. The purpose of this Strategic Area is to provide incentives and programs that capitalize upon the presence of the hospital and surrounding medical offices, which can act as a catalyst for improvements in the area and to facilitate medically related development in the' future, Enhancement of San Bernardino's Commercial Corridors The Mount Vernon, E-Street, Baseline, and Highland corridors are characterized by an inefficient pattern of strip commercial. Due to a combination of over saturation of commercial floor area and the size and configuration of the properties along these corridors, many of the commercial properties are vacant, underutilized, dilapidated, and are defined by uncoordinated aesthetics and signage, In addition, the majority of lots along the corridors are relatively small with individual ownership. This makes significant redevelopment more complicated and requires participation from a multitude of individuals to realize change, Another significant hurdie is the perception that commercial property is more valuable. While this may be true in certain instances, the existing pattern and quality of strip commercial uses along these corridors is not proving to be viable and many businesses are vacant or marginally successful. The Corridor Improvement Program is an optionai package of policy, regulatory, and incentive programs that, if applied, are intended to stimulate private investment and result in desired development within the Corridor Strategic Areas. This is accomplished by providing optional incentives, in the form of density bonuses and Page 20 . The Planning Center September 2006 Part A - San Bernardino General Plan A3. STATEMENT OF OVERRIDING CONSIDERATIONS varied deveiopment standards, to developments that qualify. While the underlying land use designations still apply, the property owner may request, and the City may choose to apply, aspects of this program to stimulate desirable development. Provide a Method to Enhance and Improve Residential Neighborhoods San Bernardino has a wide variety of residential neighborhoods of various ages and states of repair/maintenance. The Neighborhood Improvement Program offers a system of incentives that are intended to stimulate redeveiopment of locai neighborhoods. The Neighborhood Improvement Program provides a strategy to address each neighborhood based upon its need. Through the combined efforts of the police, fire, code enforcement, community development, public works, and other departments will help address each areas unique issues and improve the livability of San Bernardino. The program is based upon the ciassification of neighborhoods into the following categories: 1. Very sound neighborhood experiencing few, if any, quaiily of life issues. Infrequent requests for Police or code Enforcement services. 2. Predominantiy stable neighborhoods, but beginning to show signs of decline. Most structures are well maintained and structurally sound, but some stnuctures may have minor probiems. The City should focus on these minor issues to maintain the neighborhood and prevent further deterioration. 3. Predominantly unstable neighborhood, with many structures in need of rehabilitation, with some well cared for and maintained structures. In single-family areas, many houses have transitioned from owner- occupied to rentals; neighborhoods showing evidence of social, physical and economic problems and increasing number of calls for police services. Focus is on revitalizing the neighborhood, upgrading the structures, increasing aesthetics and reducing crime. ~ 4. Neighborhood is in severe social, economic and physical decline. Housing structures are severely deteriorated and the entire neighborhood lacks conditions that contribute to a safe overall neighborhood living environment. Provision of Community Facilities The proposed General Plan Update reflects the City's vision for its development through a 20-year build-out, and provides goals and policies that will guide future development in the City ensuring the long-term sustainability of community facilities. In the absence of these goals and policies that guide future growth, development would occur but would lack vision and could potentially threaten the existing character of the City. Thus, the General Plan Update provides for future growth in the City in a manner which allows for allocation of resources to improve, maintain, or create additional community facilities. The City of San Bernardino General Plan Update provides provisions for community facilities within the City that would meet the needs of the future population, which include the following: Parks and Recreation. The General Plan identifies the City's parkland goal of five acres per 1,000 residents. Based upon this standard, the General Plan identifies that additional park land is necessary to meet the projected population at build out. Goals and policies are provided to ensure that the necessary parklands are provided to meet the demands of the future population. Transportation Improvements. Although traffic increases are associated with the proposed project, traffic improvements have been identified as part of the City's Circulation Element to mitigate the traffic impacts. The Circulation Element proposed as part of the General Plan Update reflects changes needed to General Pltln Update and Associated Specific Plan EJR City of San Bernardino. Page :1 J Findings of Fact and Statement of Overriding Considerations Part A - San Bernardino General Plan A3. STATEMENT OF OVERRIDING CONSIDERATIONS accommodate the project population growth. Intersection improvements at key arterial intersections would allow all intersections to operate at an acceptable level of service. Public Services. While the General Plan does not directly result in construction of new facilities or the provision of additional equipment and personnel to the City's fire, police, school and library services, the General Plan Update includes goals and policies aimed to ensure these community service facilities would keep pace with the growth in the City. Institutional land uses wduld be maintained through implementation of the General Plan Update to ensure high quality of future service. A3.3 Conclusion For the foregoing reasons, the City of San Bernardino concludes that the San Bernardino General Plan Update will result in a beneficial mix of strategies for future growth providing community-wide enhancements with significant benefits of local and regional significance. which outweigh the unavoidable environmental impacts. Therefore, the City of San Bernardino has adopted this Statement of Overriding Considerations. Page 22 . The Planning Center September 2006 Part B - Arrowhead Springs Specific Plan B1. FINDINGS ON PROJECT ALTERNATIVES CONSIDERED IN THE DRAFT EIR 81 FINDINGS ON PROJECT AL TERNA TlVES CONSIDERED IN THE DRAFT EIR 81.1 Alternatives Considered and Rejected During the Scoping/Project Planning Process The Arrowhead Springs Specific Plan has undergone several iterations; however, no significant alternatives were developed. The iterations included subtle variations in the acreages of land uses, residential density. and commercial intensity. The changes occurred in response to input from the City or as more detailed studies (grading. etc.) were competed and resulted in shifts in land use boundaries or product type. However, throughout the numerous iterations, the basic concept and location of the land uses remained unchanged. The various iterations were refined to reflect new direction and information and did not represent true alternatives for consideration. 81.2 Alternatives Selected for Analysis This section contains alternatives that have been determined to represent a reasonable range of alternatives which have the potential to feasibly attain most of the basic objectives of the Arrowhead Springs Specific Plan but which may avoid or substantially lessen any of the significant effects of the project. Only those impacts found significant and unavoidable are used in making the final determination of whether an alternative is environmentally superior or inferior to the proposed project. Environmental impacts of the Specific Plan involving air quality and cultural resources, and noise were found to be significant and unavoidable. The alternatives include the No ProjecUUse of Existing Facilities Alternative, Reduced Intensity Alternative, and Wetlands Avoidance Alternative. 81.2.1 No-Project/Existing Zoning Alternative ~~ The No Project alternative for the Arrowhead Springs area assumes that the County portion of the property IS not annexed into the City of San Bernardino and the area is allowed to develop with existing zoning which would allow residential development with densities anywhere between 4.5 dwelling units per acre and one (1) dwelling unit per 40 acres. This alternative also assumes that operation of existing facilities for use as a resort could resume with minor and necessary health and safety repairs. The No ProjecUExisting Zoning Alternative would be considered the environmentally superior alternative as compared to the proposed Arrowhead Springs Specific Plan for Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Hazards, Hazardous Materials, Hydrology and Water Quality, Noise, Population and Housing, Transportation and Traffic, and Utilities and Service Systems. The No ProJecUExisting Zoning Alternative would be considered the environmentally inferior for Aesthetics and environmentally neutral for Land Use and Planning, Public Services, and Recreation. Finding: Alternative Less Than Desirable The San Bernardino City Council finds that the No-ProjecUExisting Zoning Alternative, while feasible, is less than desirable than the proposed project and rejected this alternative for the following reasons: . Although the number of residential units would nearly be the same as the proposed project, existing CitylCounty zoning would result in mostly large lot development that could be scattered over the entire property along with the road infrastructure. Coordinating development between two jurisdictions may be difficult and not result in development of the entire site that is well thought out. General Plan Update and Associated Specific Plans EIR City of San Bernardino. Page 23 Findings of Fact and Statement of Overriding Considerations Part B - Arrowhead Springs Specific Plan 81. FINDINGS ON PROJECT ALTERNATIVES CONSIDERED IN THE DRAFT EIR . There would be no development standards or design guidelines that would ensure preservation of as much open space as the proposed project. There would be no encouragement for compact development that would keep the development of hillsides at a minimum thus preserving the aesthetic mountainous character of the property. . Providing services such as fire protection would continue to be difficult and expensive without compact development or a reliable self contained water infrastructure considering that water service would have to be extended from the City of San Bernardino. . The City of San Bernardino would not realize the goal becoming a "gateway" to the San Bernardino Mountains by establishing a world-class resort, providing jobs and recreational opportunities. B 1. 2. 2 Reduced Intensity Alternative Since construction activities are the primary source of air quality and noise impacts and commercial uses generate the greatest amount of traffic (also contributing to air quality and noise impacts), the reduced intensity alternative focuses on reducing the amount of commercial and office use, which would reduce the size of the area to be graded and consequently would also reduce traffic and associated impacts. This alternative assumes that the Hilllown shops, new hotel, office building, and restaurant are not built and the Village Walk commercial area is limited to 150,000 square feet for neighborhood commercial. The hotel complex would be restored and the associated conference facilities and annex built and all residential areas would be built with this alternative. The Reduced intensity Alternative would be considered the environmentally superior alternative as compared to the proposed Arrowhead Springs Specific Plan for Aesthetics, Air Quality, Geology and Soils, Hazards and Hazardous Materials, Noise, Public Services, Transportation and Traffic and Utilities. The Reduced Intensity Alternative would be considered the environmentally neutral alternative for Biological Resources, Cultural Resources, Hydrology and Water Quality, Land Use and Planning. Mineral Resources, Population and Housing, and Recreation. Finding: Alternative Less Than Desirable The San Bernardino City Council finds that the Reduced Intensity Alternative, while feasible, is less than desirable than the proposed project and rejected this alternative for the following reasons: . This alternative would not accomplish many of the project goals, most importantly creating an economically viable mixed-use resort. Historic restoration of the Arrowhead Springs Hotel, because of the expense, may be jeopardized without the revenue stream and increased property value derived from commercial development. Revitalization and reuse of this historic hotel is the cornerstone of the project which is important to the City not only for the tax revenue but also for accomplishing the goals of the General Plan Update to enhance cultural, recreational and entertainment opportunities. . The desirable goal of having a sustainable development would be difficult to accomplish without the jobs created by the commercial development. The jobs to housing ratio for the proposed project at 1.97, is close to the range preferred by the Southern California Association of Governments. The proposed project provides for a wide range of housing and with an equally wide range of job opportunities in close proximity, employees would be able to live close to work, thus reducing potential traffic. Page 24 . The Planning Center October 2005 Part B - Arrowhead Springs Specific Plan 81. FINDINGS ON PROJECT ALTERNATIVES CONSIDERED IN THE DRAFT EIR 81.2.3 Wetlands Avoidance Alternative The wetlands avoidance alternative assumes that development would not occur in areas of potential jurisdictional waters and riparian habitat and in particular Waterman Canyon and West Twin Creek. Although a few holes of the golf course might fit in the non-jurisdictional areas, this alternative would essentially elimi- nate development of an 18-hole golf course and eliminate some of the residential pad sites along Waterman Canyon. With only minor adjustment to the development plan near Lake Vonette that could be arranged without loss of riparian habitat, the remainder of the development would be built. The Wetlands Avoidance Alternative would be considered the environmentally superior alternative as compared to the proposed Arrowhead Springs Specific' Plan for Aesthetics, Air Quality, Biological Resources, Geology and Soils, Population and Housing, and Utilities. The Wetlands Avoidance Alternative would be considered the environmentally neutral alternative when compared to the proposed Arrowhead Springs Specific Plan for Cultural Resources, Hazards and Hazardous Materials, Hydrology and Water Quality, Land Use and Planning, Mineral Resources, Noise, Public Services, Recreation, and Transportation and Traffic. Finding: Alternative Less Than Desirable Based upon information supplied to the Planning Commission and the Mayor and Common Council after September 6, 2006, including, but not limited to the information supplied by Alfred Gobar Associates, the San Bernardino City Council finds that the Wetlands Avoidance Alternative, is less than desirable than the proposed project and economically infeasible, and rejected this alternative for the following reasons: . Eliminating the golf course would not accomplish the goal of creating a "unique" resort community or the goal of providing both passive and active recreational opportunities. Many world class resorts provide a variety of recreational opportunities to attract a broad range of consumers. Resorts in mountain settings 'usually rely on natural features such as a lake or ski slopes to provide a range of recreational opportunities. Those natural features are not available at Arrowhead Springs but a golf course can be integrated into Waterman Canyon in such a way tnat the natural beauty of the area is preserved and additional recreation opportunities are available not only for the resort but for community as a whole. ~ . While eliminating the golf course potentially preserves a portion of West Twin Creek in Waterman Canyon, the elimination of the golf course results in a project that is not economically viable, and therefore infeasible. Research and economic analysis of such re'sort communities in Southern California show that a natural resort area, by itself, does not attract sufficient patronage to support a substantial development as is contemplated here. Without the inclusion of the golf course, the project is unlikely to move forward and is economically infeasible. Additional factor considered in rejecting this alternative: . Waterman Canyon is subject to flash flooding and it is anticipated that the design of the golf course would be engineered to function as overflow basins for flood conditions with potential to reduce peak flow during these times. (DEIR 5.7-27). . West Twin Creek in Waterman Canyon has been known for dangerous flooding events that have resulted in extensive damage to infrastructure and lost lives. The most recent flooding events scoured the reach through Arrowhead Springs removing riparian vegetation and reducing water quality by greatiy increasing sediment carried in the creek. The project proposes to improve the alignment and hydraulics of the stream and create flood overflow basins on fairways as part of the General Plan Update and Associated Specific Plans EIR City of San Bernardino. Page 25 Findings of Fact and Statement of Overriding Considerations Part B - Arrowhead Springs Specific Plan 81. FINDINGS ON PROJECT ALTERNATIVES CONSIDERED IN THE DRAFT EIR development of the golf course. The Wetlands Avoidance Alternative would not provide the valuable flood protection planned as part of the golf course design. Flooding events would continue jeopardizing the residential development and infrastructure planned to the community. Riparian vegetation that may be lost in the process of developing the golf course would be restored in the same approximate location and opportunities exist to enhance the quality of the riparian vegetation with the assurance that it will not be destroyed by future flooding events through improvements to the stream bed. Page 26 . The Planning Cemer October 2005 Part B - Arrowhead Springs Specific Plan 82. FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT IDENTIFIED IN THE DEIR/FEIR 82 FINDINGS ON POTENT/ALL Y SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT IDENT/FIED IN THE DEIR/FEIR 82.1 Air Quality AHS Impact 5.2-2: Construction activities associated with the proposed project would generate short-term emissions while long-term operation of the project would generate additional vehicle trips and associated emissions in exceedance of SCAQMD's threshold criteria. [Thresholds AQ-2 and AQ-3] The magnitude of development and corresponding generation of air pollutant emissions would exceed the SCAQMD's construction and operational phase emissions thresholds for CO, ROG, NOx and PM". Mitigation Measures: AHS 5.2-2A The developer or project applicant shall use zero Volatile Organic Compounds (VOC) content architectural coatings during the construction of the project to the maximum extent feasible which would reduce VOC (ROG) emissions by 95 percent over convention architectural coatings. AHS 5.2-2B Prior to andlor during construction operations, the property ownerldeveloper shall implement the following measures to further reduce fugitive dust emission to the extent feasible. To assure compliance, the City shall verify that these measures have been implemented during normal construction site inspections: ~ . Pave. gravel or apply nontoxic soil stabilizers on-site haul roads with 150 or more dally trips . Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time . Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods . Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices . Maintain a minimum of one-foot freeboard ratio on haul trucks or cover payloads on trucks hauling soli using tarps or other suitable means . Install adequate storm water control systems to prevent mud deposition onto paved areas. . Water active sites at least three times daily. Finding: The mitigation measures identified above would reduce potential impacts associated with air quality to the extent feasible. Despite the application of mitigation measures, Impact 5.2-2 would result in a significant unavoidable adverse air quality impact due to the magnitude of emissions that would be generated during construction and operation. The proposed project is expected to generate General Plan Update and Associated Specific Plans EIR City of San Bernardino. Page 27 Findings of Fact and Statement of Overriding Considerations Part B - Arrowhead Springs Specific Plan 82. FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT IDENTIFIED IN THE DEIR/FEIR emissions levels that exceed the AQMD threshold criteria for CO, ROG, NOx, and PM,. in the SoCAB. A Statement of Overriding Considerations must be adopted by the Common Council concurrent with project approval. AHS Impact 5.2-3: The Arrowhead Springs Specific Plan project would delay attainment of the South Coast AQMP. {Threshold AQ-3J Emissions associated with the Arrowhead Springs Specific Plan would exceed the SCAOMD significance thresholds during construction and operational phases. As such, the SCAOMD considers these emissions to be significant on a cumulative basis. Mitigation Measure: AHS 5.2-3 Implementation of mitigation measures AHS 5.2-2A and AHS 5.2-2B shall be applied to reduce cumulative impacts. Finding: The mitigation measures identified above would reduce potential cumulative impacts associated with air quality to the extent feasible. Despite the application of mitigation measures Impact 5.2-3 would result in a significant unavoidable adverse air quality impact due to the magnitude of emissions that would be generated during construction and operation. The proposed project is expected to generate emissions levels that exceed AQMD threshold criteria for CO, ROG, NOx, and PM,. in the SoCA8. A Statement of Overriding Considerations must be adopted by the Common Council concurrent with project approval. ..:.'" B2.2 Biological Resources AHS Impact 5.3-1: Development of the project would disturb or remove approximately 420 acres of plant communities of which approximately 124 acres contain sensitive vegetation communities, plant and animal species. {Threshold 8-1J Project implementation, primarily construction in West Twin CreeklWaterman Canyon would result in the direct removal of sensitive vegetation communities. Impacts would be potentially significant. Direct impacts to one federal and state-listed plant species (thread leaved brodiaea) known to occur on the site; and four federal candidate plant species (smooth tarplant, Plummer's mariposa lily, Parry's spineflower, and many-stemmed dudleya) that were not observed but with a moderate likelihood to occur would result in a potentially Significant impact. Direct impacts to one federal threatened and one federal proposed endangered amphibian species, and one federal candidate wildlife species Mitigation Measures: AHS 5.3-' Prior to the issuance of grading permits, a qualified biologist shall conduct detailed surveys for sensitive vegetation communities, plants, and wildlife that occur within the final grading footprint and associated construction staging areas for the proposed development. If listed species are determined to be present, consultation with the USFWS and CDFG shall be initiated. The applicant shall comply with project-specific permit conditions and requirements developed through consultation with USFWS and CDFG. Including: Page 28 . The Planning Center October 2005 Part B - Arrowhead Springs Specific Plan 82. FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT IDENTIFIED IN THE DEIR/FEIR . Avoidance and minimization of impacts to listed species through revised project design. . Provision of in-kind native habitaUvegetation through onsite revegetation and restoration at a minimum 2 to 1 ratio or higher ratio as required by USFWS and CDFG. . Provision of compensation through acquisition of offsite mitigation areas at a minimum 2 to 1 ratio or higher ratio as required by USFWS and CDFG. Finding: The mitigation measure identified is feasible and would avoid or substantially lessen the potentially significant impacts associated with biological resources to a level of less than significant and no unavoidable adverse impacts would occur. AHS Impact 5.3-2: Development of the project would potentially result in the loss of approximately 51 acres of riparian habitat. [Threshold B-2) Approximately 51 acres of riparian habitat would be impacted by construction of the proposed project primarily along West Twin Creek in Waterman Canyon. Mitigation Measures: AHS 5.3-2A AHS 5.3-2B Prior to the issuance of grading permits for any project potentially affecting riparian habitat. jurisdictional waters. andlor weiland habitat, the property ownerldeveloper shall provide evidence to the that all necessary permits have been obtained from the CDFG (pursuant to Section 1600 of the Fish and Game Code) and the USACE (pursuant to Section 404 of the CWA) or that no such permits are required, in a manner meeting the approval of the Director of Development Services for the City of San Bernardino. Section 404 Permits from the USCOE will also require a Section 401 Water Quality Certification from the California RWQCB Santa Ana. Project applicant shall provide evidence of a Section 401 Water Quality Certification. If federally listed species are present, consultation with USFWS shall aiso occur in conjunction with the Section 404 permit. ~ Prior to issuance of a grading permit for any area containing resources subject to the jurisdiction of USACE and CDFG, USFWS. and RWQCB, a comprehensive Revegetation and Restoration Pian shall be developed by the applicant in consultation with the applicable agencies. The plan shall incorporate the applicable permit conditions and requirements of these agencies including the Section 404 Permit, 401 Water Quality Certification. and CDFG Section 1600 Streambed Alteration Agreement. Native vegetation shall be installed at a minimum ratio of 2 to 1 and maintained along the developedlwildland interface of the golf course and associated residential units, including local native plant landscaping. The plan will address the following items: . Responsibilities and qualifications of the personnel to implement and supervise the plan: The responsibilities of the landowner, specialists and maintenance personnel that will supervise and implement the plan will be specified. General Plan Update and Associated Specific Plans EIR City of San Bernardino. Page 29 Findings of Fact and Statement of Overriding Considerations Part B - Arrowhead Springs Specific Plan 82. FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT IDENTIFIED IN THE DEIR/FEIR . Site selection: The site for mitigation will be determined in coordination with the City, USFWS, CDFG, and USFWS. The site will be located within land to be purchased or preserved offsite within the San Gabriel watershed. . Restoration and creation of habitat: The plan shall require the creation of riparian habitat in the amount and of the type required by CDFG and USACE, provided, however, that, in order to assure no net loss of jurisdictional resources on an acre-for-acre basis, all impacted USACE and CDFG jurisdictional habitat shall be compensated by restoration, enhancement or creation at a minimum of 3:1 ratio. . Site preparation and planting implementation: The site preparation will include: 1) protection of existing native species, 2) trash and weed removai, 3) native species saivage and reuse (Le. duff), 4) soH treatments (Le. imprinting, decompacting), 5) temporary irrigation installation, 6) erosion control measures (Le. rice or willow wattles), 7) seed mix application, and 8) container species. . Schedule: A schedule will be developed that includes planting to occur during the appropriate season. . Maintenance plan/guidelines: The maintenance plan will include: 1) weed control, 2) herbivory control, 3) trash removal, 4) irrigation system maintenance, 5) maintenance training, and 6) replacement planting. . Monitoring plan: The monitoring plan will include: 1) qualitative monitoring (Le., photographs and general observation), 2) quantitative monitoring (Le., randomly placed transects), 3) performance criteria as approved by the resource agencies, 4) monitoring reports for three to five years, 5) site monitoring as required by the resource agencies to ensure successful establishment of riparian habitat within the restored and created area. Successful establishment is defined per the performance criteria agreed to by the USACE, USFWS, CDFG, and the City or subsequent project applicant. . Long-term preservation: Long-term preservation of the site will also be outlined in the conceptual mitigation plan. AHS 5.3-2C The applicant shall ensure that polluted runoff from the golf course will not enter ripanan habitat and jurisdictional waters, including wetland habitat, through implementation of Mitigation Measures 5.7-1B, 5.7-1C, 5.7-10, and 5.7-1E (Section 5.7, Hydrology). Finding: The mitigation measures identified are feasible and would avoid or substantially lessen the potentially significant impacts associated with biological resources to a level of less than significant and no unavoidable adverse impacts would occur. AHS Impact 5.3-3: The proposed project would impact approximately 58 acres of potential jurisdictional waters, including wetlands. [Threshold 8-3J Approximately 58 acres of potential jurisdictional (U.S. Army Corp of Engineers and California Department of Fish and Game) waters, including wetlands, would be impacted by the proposed project. Page 30 . The Planning Center October 2005 Part B - Arrowhead Springs Specific Plan 82. FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT IDENTIFIED IN THE DEIR/FEIR AHS 5.3-3 Mitigation Measures: Project applicant shall implement mitigation measure 5.3-2 to address impacts to jurisdictional waters and wetlands. Finding: The mitigation measure identified is feasible and would avoid or substantiatly lessens the potentially significant impacts associated with biological resources to a level of less than significant and no unavoidable adverse impacts would occur. AHS Impact 5.3-4: The proposed project would affect wildlife movement in West Twin Creek/Waterman Canyon. [Threshold 8-4J The proposed project may potentially affect the movement of resident or migratory wildlife species in West Twin CreekiWaterman Canyon. AHS 5.3-4A Mitigation Measures: AHS 5.3-4B Prior to issuance of a grading permit for the golf course construction and creek realignment, the applicant shall conduct a wildlife corridorlmovement analysis of West Twin CreekiWaterman Canyon to identify and define the limits of the existing wildlife corridor. Based on the results of the analysis, and in consultation with a qualified biologist and a qualified native community restorationist, the landscaping plan for manufactured slopes along the drainage shall include: ~ . Provision of north-south wildlife movement and linkage opportunities for the affected species along and adjacent to the realigned creek. . Planting of a minimum 25-foot buffer zone, within a 50-foot setback, of native shrubs and trees that provide maximum screening. . Exterior lighting shall be prohibited within the 50-foot setback zone. Light sources adjacent to the wildlife corridor shall be directed away from the corridor. . To allow for the mobility of animals, fencing used in the 50-foot setback zone shall be limited to open fencing, such as split rail fencing, which does not exceed 40 inches in height above the finished grade. If construction activities, including removal of riparian vegetation or construction adjacent to riparian habitat, is to occur between March 15 and August 30, the project proponent shall have a biologist conduct a pre-construction, migratory bird and raptor nesting site check. The biologist must be qualified to determine the status and stage of nesting effort by all locally breeding raptor species without causing intrusive disturbance. If an active nesting effort is confirmed very likely by the biologist, no construction activities shall occur within at least 300 feet of the nesting site until measures to address the constraint are agreed to by the project proponent and USFWS personnel. This agreement may be made by conference call, an on-site meeting, or other mutually agreeable means. Measures available as options to address this constraint are dependent on the species and any other protections afforded it, details of the nest site. the nest stage, types and General Plan Update and Associated Specific Plans EfR City of San Bernardino. Page 31 Findings of Fact and Statement of Overriding Considerations Part B - Arrowhead Springs Specific Plan 82. FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT IDENTIFIED IN THE DEIR/FEIR levels of ongoing disturbances, the relevant project actions, and distances involved. Specific measures would be determined by the regulating agency (USFWS). Finding: The mitigation measures identified are feasible and would avoid or substantially lessen the potentially significant impacts associated with biological resources to a level of less than significant and no unavoidable adverse impacts would occur. 82.3 Cultural Resources AHS Impact 5.4-1: Build-out of the Arrowhead Springs Specific Plan would impact an identified historic resource, [Threshold C-1} The proposed land use plan would result in the demolition of several buildings which contribute to the historical significance of the property. The CEQA Guidelines require a project which wili have potentially adverse impacts on historic resources to conform to the Secretary of the Interior's Standards for the Treatment of Historic Properties, in order for the impacts to be mitigated to below significant and adverse levels. The demolition of an historic property cannot be seen as conforming with the Secretary of the Interior's Standards. Build-out of the proposed plan would also result in the introduction of land uses in close proximity to remaining historic features, which would substantially alter the existing historic and natural setting of the Arrowhead Springs property. Mitigation Measures: AHS 54-1A Prior to issuance of any building, grading or demolition permit for the modification or destruction of any historic structure, the project applicant shall submit to the Director of Development Services written recommendations prepared by a qualified architectural historian of the measures that shall be implemented to protect each historic site eligible for listing on the NRHP and CRHP. The list includes but is not limited to the following as shown'in Table 54-1 and iliustrated in Figure 5.4-3. Hotel/Steam Caves Bunaalaw 10 Paol, Cabanas, Tennis Caurts Mud Baths Bunaalaw 1 Smith Memarial Bunaalaw 3 Indian Statue BUMalaw 4 Reservair Bunaalaw 5 Snnnns Bunaalaw 6 Fountains Bunaalaw 7 Terrace and Tennis Courts Bunaalaw 8 Landscaae Elements Bunaalaw 9 Miscellaneous Features Modification, Appropriate mitigation measures for "historical resources" could include preservation of the site through avoidance or capping, incorporation of the site in greens pace, parks, or open space, data recovery excavations of the finds, or a rehabilitation plan in compliance with the Secretary of Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995) prepared by a qualified historic preservation professional that would be based to the greatest extent feasible on historical data. A particular focus of the rehabilitation plan should be the hotel building, including landscaping, interiors, exteriors and furnishings. Page 32 . The Planning Center October 2005 AHS 5.4-1 B Part B - Arrowhead Springs Specific Plan 62. FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT IDENTIFIED IN THE DEIR/FEIR Demolition. To the extent eligible sites are not preserved in place, prior to the issuance of a demolition permit for the demolition of any Historic Structure eligible for listing on the NRHP and CRHP, including Bungalows 3,7,8,9,10 and 11, the historian shall conduct a data recovery program which includes: Comprehensive Survey. A comprehensive inventory of historic features on the property, including but not limited to buildings, structures, objects, water features. wall, and' landscape matenals shall be conducted. To the greatest extent feasible, the preservation and rehabilitation of historic features on the property shall be incorporated into the development plan. Interpretative Plan. The applicant shall be required to produce an historical interpretation plan for the property. This plan shall include a permanent, on-site display within a public area which will provide historic information about the founding and history of Arrowhead Springs. Historic and/or contemporary photographs and other artifacts and materials should be included within the display. Other indoor or outdoor interpretive displays shall be produced, as appropriate. The precise content, format, and location and design shall be determined by a qualified historic preservation professional, and subject to the approval by the City of San Bernardino. Documentation. A Historic American Buildings Survey (HABS) outline format narrative description of the property, contemporary and historic photographs, and other relevant documentation shall be prepared by a historic consultant approved by the City. Prior to the issuance of a demolition permit for the subject property, the report shall be submitted for approval to the Director of Community Development and the Director of Community Services, and an approved original shall be deposited in the City of San Bernardino Branches of the San Bernardino County Public Library (or other suitable repository as determined by the Directors of Community Development and Community Services). The EI R concludes that there are or may be significant historical structures/resources not currently ascertainable within areas where ground disturbing activity is proposed by the project. Therefore, prior to issuance of the first preliminary or precise grading permit for development in the Arrowhead Springs Specific Plan area, the landowner or subsequent project applicant shall provide evidence that an qualified historic preservation professional has been retained by the landowner or subsequent project applicant, and has conducted a site survey of the development area at such time as all ground surfaces are visible after current uses are removed. If any sites are discovered, the historian shall conduct surveys and/or test level investigations. Testing and evaluation may consist of surface collection and mapping, limited subsurface excavations, and the appropriate analyses and research necessary to characterize the artifacts and deposit from which they originated. Upon completion of the test level investigations, for sites are determined to be unique a "historical resource" as set forth in CEQA Guidelines Section 15064.5, the following measures shall be undertaken: the historian shall submit its recommendations to the landowner or subsequent project applicant and the Director of Community Development on the measures that shall be implemented to protect the site. Appropriate measures could include preservation in place through planning construction to avoid the historical resource, incorporation into greenspace, parks, or open space, data recovery excavations of the finds or compliance with the Secretary of Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic buildings (1995). General Plan Update and Associated Specific Plans EIR City of San Bernardino. Page 33 Fuuling, of Facl and Statelllelll of Overriding Considerations ~ Part B - Arrowhead Springs Specific Plan 82. FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT IDENTIFIED IN THE DEIR/FEIR . Preparation of a research design for those sites determined to the "historical resources" that cannot be avoided that describes the recommended field investigations, and makes provisions for adequately recovering the scientifically consequential information from and about the "historical resource." . Conducting site excavations in accordance with the research design with an emphasis on obtaining an adequate sample for analysis within the limits of the research questions being addressed. Special studies such as pollen analyses, soil analyses, radiocarbon dating, and obsidian hydration dating should be conducted as appropriate. . Monitoring of all field excavations by a Native American representative. . Preparation of a final report of the Phase 3 data recovery work and submittal of the research design and final report to the South Central Coastal Information Center (SCCIC). and other agencies, as appropriate. . If any Native American archaeological artifacts are recovered, the project applicant shall contact the City, which shall in turn contact the Morongo Band of Mission Indians and any other designated Tribe(s)' tribal representative, as determined by the Native American Heritage Commission(NAHC) to notify them of the discovery. The applicant shall coordinate with the City of San Bernardino and the designated Tribe(s) to determine, in good faith, the appropriate disposition Native American artifacts and the designated Tribe(s) shall be given the opportunity to seek the return of any Native American artifacts discovered. Any non-Native American archaeological artifacts recovered as a result of mitigation shall be donated to a qualified scientific institution approved by the Director of Community Development where they would be afforded long-term preservation to allow future scientific study. Finding: Although the mitigation measures listed above would reduce the impacts to historic resources, demolition of historic structures can not be mitigated in accordance with CEQA Guidelines. Therefore the impacts to historic resources would remain a significant unavoidable adverse Impact and a Statement of Overriding Considerations must be adopted. AHS Impact 5.4-2: Build-out of the Arrowhead Springs Specific Plan would impact archaeo- logical resources, paleontological resources, or a unique geologic feature. [Thresholds C2 and C-3] Development activities pursuant to the Arrowhead Springs Specific Plan, such as grading and establishment of infrastructure would result in significant impacts to known archaeological resources. Portions of the Arrowhead Springs area that are proposed for development may contain additional prehistoric sites which have not been recorded or identified and which may be impacted by site disturbance activities. Mitigation Measures: AHS 5.4-2A Prior to issuance of the first preliminary or precise grading permit, and for any subsequent permit involving excavation to increased depth, the landowner or subsequent project applicant shall provide evidence that an archaeologist and/or paleontologist have been retained by the landowner or subsequent project applicant, and that the consullant(s) will be present during all grading and other significant ground Page 34 . The Planning Center October 2005 Part B - Arrowhead Springs Specific Plan B2. FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT IDENTIFIED IN THE DEIRlFEIR disturbing activities. These consultants shall be selected from the roll of qualified archaeologist and paleontologists maintained by the County of San Bernardino. Should any archeological/paleontological resources be discovered, the monitor is authorized to stop all grading in the immediate area of the discovery, and shall make recom- mendations to the Director of Development Services on the measures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds and evaluation of the finds in accordance with Section 15064.5 of the CEOA Guidelines. If the resources are determined to be "historic resources" at that term is defined under Section 15064.5 of the CEOA Guidelines, mitigation measures shall be identified by the monitor and recommended to the Director of Development Services. Appropriate mitigation measures for significant resources could include avoidance or capping, incorporation of the site in greenspace, parks or open space, or data recovery excavations of the finds. No further grading shall occur in the area of the discovery until the Director approves the measures to protect these resources. If any Native American paleontological or archaeological artifacts are recovered as a result mitigation the City shall contact the Morongo Band of Mission Indians and any other designated Tribe(s)' tribal representative, as determined by the Native American Heritage Commission(NAHC) to notify them of the discovery. The applicant shall coordinate with the City of San Bernardino and the designated Tribe(s) to determine, in good faith, the appropriate disposition Native American artifacts and the designated Tribe(s) shall be given the opportunity to seek the retum of any Native American artifacts discovered. Any non-Native American paleontological or archaeological artifacts recovered as a result of mitigation shall be donated to a qualified scientific institution approved by the Director "'~ of Community Development where they would be afforded long-term preservation to -:4( allow future scientific study. \JU AHS 5.4-2B Prior to the issuance of any grading permit, the following note shall be placed on the cover sheet, and discussed at the pre-grade meeting: a) The paleontologist retained for the project shall immediately evaluate the fossils which have been discovered to determine if the are significant and, if so, to develop a plan to collect and study them for the purpose of mitigation. b) The paleontologic monitor must be empowered to temporarily halt of redirect excavation equipment of fossils are found to allow evaluation and removal of them if necessary, the monitor should be equipped to speedily collect specimens if the are encountered. c) The monitor, with assistance if necessary, shall collect individual fossils and/or samples of fossil bearing sediments. If specimens of small animal species are encountered, the most time and cost efficient method of recovery is to remove a selected volume of fossil bearing earth from the grading area and screen wish it off-site. d) Fossils recovered during the earthmoving or as a result of screen-washing of sediment samples shall be cleaned and prepared sufficiently to allow identification. This allows the fossils to be described in a report of findings and reduces the volume of matrix around specimens prior to storage, thus reducing storage costs. General Plan Update and Associated Specific Plans EIR City of San Bernardino. Page 35 Findings of Fact and Statement of Overriding Considerations Part B - Arrowhead Springs Specific Plan 82. FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT IDENTIFIED IN THE DEIR/FEIR e) A report of findings shall be prepared and submitted to the public agency responsible for overseeing developments and mitigation of environmental impacts upon completion of mitigation. This report would minimally include a statement of the type of paleontological resources found. the methods and procedures used to recover them, an inventory of the specimens recovered, and a statement of their scientific significance. AHS 5.4-2C The EIR concludes that there are or may be significant archaeological resources within areas where ground disturbing activity is proposed by the project. Therefore. prior to the first preliminary or precise grading permit for development in the Arrowhead Springs Specific Plan area, each prehistoric and historic archeological site (listed below and described in Table 5.4-3) located within the project grading footprint must be tested and evaluated. following clearing and scraping activities. . CA-SBR-2268/H, including the four loci . CA-SBR-6870H . CA-SBR-7019H . CA-SBR-7020H . CA-SBR-7022H . CA-SBR-7049H . P1071-21 . P36-017732 Testing and evaluation may consist of surface collection and mapping, limited subsurface excavations. and the appropriate analyses and research necessary to characterize the artifacts and deposit from which they originated. Upon completion of the test level investigations. for sites are determined to be unique archaeological sites or historical resources as set forth in CEQA Guidelines Section 15064.5, the following measures shall be undertaken: the archaeologist shall submit its recommendations to, the landowner or subsequent project applicant and the Director of Community Development on the measures that shall be implemented to protect the sites. Appropriate measures for unique archaeological resources or historical resources could include preservation in place through planning construction to avoid archaeological sites; incorporation of sites within parks, greenspace, or other open space; covering the archaeological sites with a layer of chemically stable soil before building tennis courts, parking lots, or similar facilities on the site or deeding the site into a permanent conservation easement. When data recovery through excavation is the only feasible mitigation, a data recovery plan, which makes provision for adequately recovering the scientifically consequential information from and about the historical resource, shall be prepared and adopted prior to any excavation being undertaken. Such studies shall be deposited with the California Historical Resources Regional Information Center. Archaeological sites known to contain human remains shall be treated in accordance with the provisions of Section 7050.5 Health and Safety Code. . Preparation of a research design for those sites determined to the "historical resources" that cannot be avoided that describes the recommended field investigations, and makes provisions for adequately recovering the scientifically consequential information from and about the "historical resource." Page 36 . The Planning Center October 2005 Part B - Arrowhead Springs Specific Plan 82. FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT IDENTIFIED IN THE DEIR/FEIR . Conducting site excavations in accordance with the research design with an emphasis on obtaining an adequate sample for analysis within the limits of the research questions being addressed. Special studies such as pollen analyses, soil anaiyses, radiocarbon dating, and obsidian hydration dating shouid be conducted as appropriate. . Monitoring of all field excavations by a Native American representative. . Preparation of a final report of the Phase 3 data recovery work and submittal of the research design and final report to the South Central Coastal Information Center (SCCIC), and other agencies, as appropriate. . If any Native American archaeological artifacts are recovered, the project applicant shall contact the City, which shall in turn contact the Morongo Band of Mission Indians and any other designated Tribe(s)' tribal representative, as determined by the Native American Heritage Commission(NAHC) to notify them of the discovery. The applicant shall coordinate with the City of San Bernardino and the designated Tribe(s) to determine, in good faith, the appropriate disposition Native American artifacts and the designated Tribe(s) shall be given the opportunity to seek the return of any Native American artifacts discovered. Any non-Native American archaeological artifacts recovered as a result of mitigation shall be donated to a qualified scientific institution approved by the Director of Community Development where they would be afforded long-term preservation to allow future scientific study. ~ Finding: The mitigation measures identified are feasible and would avoid or substantially lessen the potentially significant impacts associated with archeological and/or paleontological resources or unique geologic features to a level of less than significant and no unavoidable adverse impacts would occur. AHS Impact 5.4-3: Grading activities could potentially disturb human remains in the A"owhead Springs Specific Plan area. [Threshold C-4] The site does contain the remains of David Nobel Smith at a marked memorial and the area was also known to be used by Native American tribes, increasing the likelihood that undiscovered human remains may exist. Site grading and construction activities may result in the discovery of human remains, which would result is a significant impact. Mitigation Measures: AHS 5.4-3A In the event of the accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the following steps shall be taken: There shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the San Bernardino County Coroner is contacted to determine if the remains are prehistoric and that no investigation of the cause of death is required. If the coroner determines the remains to be Native American, then the coroner shall contact the Native American Heritage Commission within 24 hours, and the Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent from the deceased Native American. The most likely descendant may make recommendations General Plan Update and Associated Specific Plans EIR City of San Bernardino. Page 37 Findings of Fact and Statement of Overriding Considerations Part B - Arrowhead Springs Specific Plan 82. FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT IDENTIFIED IN THE OEIR/FEIR AHS 5:4-3B AHS 5:4-3C to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as provided in Public Resources Code Section 5097.98; or Where the following conditions occur, the landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity either in accordance with the recommendation of the most likely descendant or on the property in a location not subject to further subsurface disturbances: . The Native American Heritage Commission is unable to identify a most likely descendant or the likely descendant failed to make a recommendation within 24 hours after being notified by the commission; or . The descendant identified fails to make a recommendation; or . The landowner or his authorized representative rejects the recommendation of the descendant, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. Upon receipt of an application for a project subject to CEOA and within the City's jurisdiction, the City of San Bernardino's representative shall consult with the relevant Tribe(s)' tribal representative(s), as determined by the Native American Heritage Commission, to determine if the proposed project is within a culturally sensitive area to the tribe. If sufficient evidence is provided to reasonably ascertain that the site is within a [tribal] culturally sensitive area, then a cultural resources assessment prepared by a City-certified archaeologist shall be required. The findings of the cultural resources assessment shall be incorporated into the CEOA documentation. A copy of the report shall be forwarded to the Tribe(s). If mitigation is recommended in the CEOA document, the procedure described in MM 5:4-3C shall be followed. . Prior to the issuance of grading permits for which the CEOA document defines culturai resource mitigation for potential tribal cultural resources, the project applicant shall contact the designated Tribe(s)' tribal representative to notify them of the grading, excavation, and monitoring program. The applicant shall coordinate with the City of San Bernardino and the tribal representative(s) to negotiate an Agreement that addresses the designation, responsibilities, and participation of tribal monitors during grading, excavation, and ground-disturbing activities; scheduling; terms of compensation; and treatment and final disposition of any cultural resources, sacred sites, and human remains discovered on the site. The City of San Bernardino shall be the final arbiter of the conditions included in the Agreement. Finding: The mitigation measures identified are feasible and would avoid or substantially lessen the potentially significant impacts associated with disturbance of human remains outside of formal cemeteries to a level of less than significant and no unavoidable adverse impacts would occur. 82.4 Geology and Soils AHS Impact 5.5-2: Unstable geologic unit or soils conditions, including soil erosion, could result due to build-out of the Arrowhead Springs Specific Plan. [Thresholds G-2 and G-3] October 2005 Page 38 . The Planning Cemer Part B - Arrowhead Springs Specific Plan 82. FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT IDENTIFIED IN THE DEIR/FEIR Portions of the Arrowhead Springs Specific Plan area are located on unstable geological units or have unstable soil conditions that may result in loss of topsoil or be susceptible to landslides, lateral spreading, liquefaction, subsidence, and collapse. Mitigation Measures: AHS 5.5-2a AHS 5.5-2b AHS 5.5-2c AHS 5.5-2d All projects within the Arrowhead Springs Specific Plan area shall follow all geotechnical recommendations provided within the Report of Preliminary Geotechnical Evaluations produced by Soils Southwest Inc. Site specific geotechnical analysis shall be required for all new developments within the Arrowhead Springs Specific Plan area to determine existing soils conditions, soil recommendations for fill material prior to grading, and slope stability. Detailed geologic and geotechnical evaluations shall be made for construction of structural footings and slab-on-grade for placement on compacted fill soils. No fill shall be placed, spread or rolled during unfavorable weather conditions. Where work is interrupted by heavy rains, fill operations shall not be resumed until moisture conditions are considered favorable by the soils engineer. Proposed lev'el structural pad areas shall be carefully evaluated by project geologist to determine whether these locations can be rendered safe and stable without potentially affecting offsite improvements. Excavated footings shall be inspected, verified, and certified by soils engineer prior to steel and concrete placement to ensure their sufficient embedment and proper bearing. Structural backfill shall be placed under direct observation and testing. ~~ Finding: The mitigation measures identified are feasible and would avoid or substantially lessen the potentially significant impacts associated with geology and soils to a level of less than significant and no unavoidable adverse impacts would occur. 82.5 Hazards and Hazardous Materials AHS Impact 5.6-1: Arrowhead Springs Specific Plan operations would involve the transport, use and/or disposal of hazardous materIals or release of hazardous materials. [Thresholds H-1. H-2, and H-3] The Arrowhead Springs Specific Plan area would result in the expansion of the existing deveiopment to include new commercial and residential uses. The Phase I Site Assessment identified recognized environmental conditions and historical recognized environmental conditions that may pose a hazard to people or the environment. Furthermore, naturally occurring emissions from the geothermal activity may also pose a hazard to people if development were to be concentrated in these areas. AHS 5.6-1a Mitigation Measures: AHS 5.6-1b Oil impacted materials identified on site shall be properly cleaned and disposed of in accordance state and local laws. Soil samples shall be collected in the area surrounding the drying beds at the small sanitary sewer treatment facility and shall be tested for elevated metal concentrations. General Plilll Update and Associated Specific Plans EIR City of San Bernardino. Page 39 Findings of Fact and Statement of Overriding Considerations Part B - Arrowhead Springs Specific Plan 82. FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT IDENTIFIED IN THE DEIR/FEIR AHS 5.6-1c Prior to approval of Tentative Tract Maps in the Arrowhead Springs Specific Plan area in the vicinity of the identified geothermal areas, the developer shall initiate a risk assessment to identify possible risks associated with the development adjacent to the geothermal activity of Arrowhead Springs. The risk analysis shall include a risk assessment of radon, methane, propane, and mercury associated with the geothermal vents, hot springs, and mercury accumulation in the soils where development is to occur. Ventilation systems shall be designed in accordance with the National Fire Protection Association guide to ensure that indoor air concentrations of these hazards associated with the geothermal activity would not result in a hazard for building occupants. If an active (i.e. mechanically operated) ventilation system is used, the developer would be required to obtain relevant permits from the AQMD. Finding: The mitigation measure identified is feasible and would avoid or substantially lessen the potentially significant impacts associated with hazards and hazardous material to a level of less than significant and no unavoidable adverse impacts would occur 82.6 Hydrology and Water Quality AHS Impact 5.7-1: During the construction phase of the proposed project, there is the potential for short-term unquantifiable increases in pollutant concentrations from the site. After project development, the quality of storm water runoff (sediment, nutrients, metals, pesticides, pathogens, and hydrocarbons) may be altered. [Thresholds HD-1 and HD-6] Construction activities could lead to temporary impacts on surface water quarter quality through an increase In sediment deposited in local streams due to soil erosion and/or the release of other pollutants associated with construction. Development of the site would urbanize a total of approximately 506 acres, including 199 acres for a golf course, which would result in substantial alteration in the existing site conditions and the introduction of urban pollutant sources that could impact water quality for surface and ground water resources. AHS 5.7-1A Mitigation Measures: AHS 5.7-1 B Prior to the issuance of land disturbing permits, the applicant shall provide the City Engineer with evidence that a Notice of Intent (NOI) has been filed with the State Water Resources Control Board. Such evidence shall consist of a copy of the NOI stamped by the State Water Resources Control Board or the Regional Water Quality Control Board, or a letter from either agency stating that the NOI has been filed a minimum of thirty days prior to commencing grading operations. Prior to issuance of land disturbing permits and in compliance with the requirements of the State General Construction Activity Storm Water Pemnit, the project applicant shall prepare a Storm Water Pollution Prevention Plan (SWPPP) that incorporates measures or comparable Best Management Practices which describe the site, erosion and sediment controls, means of waste disposal, implementation of approved local plans, control of post-construction sediment and erosion control measures and maintenance responsibilities, and non-storm water management controls. The SWPPP shall also be submitted to the City of San Bernardino Public Works Department. The applicant shall require all construction contractors to retain a copy of the approved SWPPP on each construction site. Additionally, the SWPPP shall ensure that all water discharges are in October 2005 Page 40 . The Planning Center AHS 5.7-1C AHS 5.7-10 AHS 5.7-1E Part B - Arrowhead Springs Specific Plan 82. FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT IDENTIFIED IN THE DEIR/FEIR compliances with the current requirements of the California Regional Water Quality Control Board, Santa Ana Region. Prior to issuance of land disturbing permits and in compliance with City of San Bernardino Municipal Code Chapter 8.80, the applicant shall prepare a Storm Water Quality Management Plan (SWQMP). The SWQMP shall implement all applicable BMPs, as listed in the California Storm Water Best Management Practices Handbooks or the current, San Bernardino County Storm Water Program's Report of Waste Discharge, to reduce pollutants in storm water and runoff and reduce non-storm water discharges to the City's storm water drainage system to the maximum extent practicable. The SWQMP shall demonstrate compliance with California Department of Heallh Services Section 60310 Use Area Requirements, which state that "no impoundment of disinfected tertiary recycled water shall occur within 100 feet of any domestic water supply well," and "no irrigation with, or impoundment of, disinfected secondary or disinfected secondary recycled water shall take place within 100 feet of any domestic water supply well." Prior to the issuance of land disturbing permits for the golf course, a Chemical Application Management Plan (CHAMP) shall be submitted to and approved by the City of San Bernardino. The CHAMP or similar management plan shall incorporate but not be limited to the following: . A description of chemicals authorized for use and approved by the State of California, along with guidelines for their application. Guidelines shall include restrictions on their application and their use near drainage systems. Chemicals include fertilizers, herbicides, fungicides, insecticides and rodenticides. Guidelines on the application of fertilizers and soil amendments shall take into account consideration the physical characteristics and nutrient content of the soil on the golf course site. ~ . Guidelines for the irrigation of the golf course that take into consideration the field capacity of soil types and the timing with chemical applications; and . Chemical storage requirements and chemical spill response and chemical inventory response plans shall be prepared and implemented. A water quality monitoring system and program shall be developed and implemented in conjunction with the CHAMP that provides for sampling of all permanent surface water features on a quarterly basis and includes an analysis for non-volatile synthetic organic chemicals, total dissolved solids, chloride, sulfate, total phosphorus, boron, nitrogen as nitrate, total nitrogen. and iron. This monitoring program shall be implemented with consideration of the RWQCB water quality objectives. Finding: The mitigation measures identified are feasible and would avoid or substantially lessen the potentially significant impacts associated with hydrology and water quality to a level of less than significant and no unavoidable adverse impacts would occur. AHS Impact 5.7-2: Development pursuant to the proposed project would increase the amount of impervious surfaces on the site and utilize surface waters otherwise General Plan Update and Associated Specific Plans EIR City of San Bernardino. Page 41 Findings ofF act and Statement of Overriding Considerations Part B - Arrowhead Springs Specific Plan B2. FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT IDENTIFIED IN THE DEIR/FEIR destined for groundwater recharge reducing opportunities for groundwater recharge. [Threshold HD-2] Project implementation would increase the amount of impervious surfaces in the area, thus impacting the opportunity for groundwater recharge in those areas. Additionally, the proposed project would withdraw water from the surface water streams for drinking water and irrigation purposes and/or retrieve through wells in the Basin excess water that would normally reach the percolation ponds, which would reduce the amount of water available for groundwater recharge in the Basin. Mitigation Measures: AHS 5.7 -2A Prior to approval of the first Tentative Tract Map, evidence shall be provided to the Development Services Department that appropriate water rights have been granted including a determination of maximum and minimum withdrawal of water from East and West Twin Creek watersheds (in conjunction with mitigation measure 5.15-1). AHS 5.7-2B Prior to approval of the first Tentative Tract Map, the applicant shall secure a site for the supplemental water wells in the San Bernardino Basin and obtain a drilling and operation permit in accordance with Chapter 13.24 (Water Supply System) of the Municipal Code. Finding: The mitigation measures identified are feasible and will avoid or substantially lessen the potentially significant impacts associated with hydrology and water quality to a level of less than significant and no unavoidable adverse impacts would occur. AHS Impact 5.7-3: Development pursuant to the proposed project would increase the amount of impervious surfaces on the site and would therefore increase surface water flows into drainage systems within the watershed. [Threshold HD-3, HD-4, and HD-5] The existing drainage pattern of the site would be substantially altered and development would create an increase in impervious surfaces causing an increase in the amount and rate of storm water discharge to local streams. Mitigation Measures: AHS 5.7-3A Prior to issuance of land disturbing permits, the applicant shall submit a Final Drainage Plan Report to the City of San Bernardino for review and approval in conformance with the City of San Bernardino requirements that are in effect at the time of submittal. The report shall be prepared by a qualified registered professional civil engineer and shall, at a minimum, include the following: . A written text addressing existing conditions, the effects of projects improvements, all appropriate calculations, a watershed and hydrology map, changes in downstream flows and elevations, proposed on and off-site improvements (catch basins, inlets, vaults, swales, filters, etc. for entrapment of sediment debris and contaminants), and features to protect downstream uses and property. The project drainage features shall be designed to ensure no change in downstream flow conditions that would result in new or increased severity of flooding. Page 42 . The Planning Center October 2005 AHS 5.7-3B Part B - Arrowhead Springs Specific Plan 82. FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT IDENTIFIED IN THE DEIR/FEIR . The report shall provide evidence of compliance with all required approvals from the Regional Water Quality Control Board (401 Water Quality Waiver) and with USCOE 404 permitting for changes to ''waters of the U.S." Maintenance of the storm drainage facilities shall be the responsibility of the project applicant until such time as the facilities are turned over to the City as a public improvement, or included within a Landscape Maintenance District or project home- owners or maintenance association. Easements shall be created and offered for dedication to the City for maintenance and access to these facilities as necessary in anticipation of possible City maintenance. Finding: The mitigation measures identified are feasible and would avoid or substantially lessen the potentially significant impacts associated with hydrology and water quality to a level of less than significant and no unavoidable adverse impacts would occur AHS Impact 5.7-4: Portions of the project site proposed for development are located within a 100-year flood hazard area. [Thresholds HD-7 and HD-8] Porlions of the specific plan area selected for residential development that are adjacent to West Twin Creek are subject to 1 OO-year flood plain inundation. Mitigation Measures: AHS 5.7-4 Prior to issuance of building permits the project applicant shall prepare and file an application with Federal Emergency Management Agency (FEMA), a Letter of Map Revision (LOMR) for Flood Insurance Rate Maps as necessary to reflect changes to the floodway or flood plain resulting from the development to demonstrate that all habitable structures are not subject to flooding in a 100-year storm. The Department of Public Works shall be provided a copy of the LOMR. ~ Finding: The mitigation measure identified is feasible and will avoid or substantially lessen the potentially significant impacts associated with hydrology and water quality to a level of less than significant and no unavoidable adverse impacts would occur 82.7 Noise AHS Impact 5.10-1: Implementation of the Arrowhead Springs Specific Plan would result in long- term operation-related noise that would exceed local standards. [Thresholds N-1 and N-3] Project implementation would result in long-term operation-related noise that would exceed local noise standards primarily derived from operation of the proposed wastewater treatment plant and traffic on the new Harrison Parkway and other local roadways studied due to the proximity of residential uses. Cumulative noise impacts would occur due project and background traffic in the year 2030 at Sterling Avenue south of foothill Drive. Mitigation Measures: A site specific acoustic study shall be conducted to analyze and mitigate noise levels along the existing Harrison Street from 40th to 30th Street and submitted to the General Plan Update and Associated Specific Plans EIR City of San 'Bernardino . Page 43 Findings of Fact and Statement of Overriding Considerations AHS 5.10-1A Part B - Arrowhead Springs Specific Plan 82. FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT IDENTIFIED IN THE DEIR/FEIR Development Services Department with plans for road widening of Harrison Street. This acoustic study shall specify the necessary mitigation to achieve exterior noise level limits at residential uses proximate to the new Harrison Parkway. Mitigation measures may include the use of berms or sound walls to attenuate exterior noise levels. AHS 5.10-16 A site specific acoustic study shall be conducted to evaluate and, if necessary, mitigate potential noise impacts from the proposed wastewater treatment plan on the golf course and residences located proximate to the project site. The study shall be submitted to the Development Services Department with building plans for approval. Mitigation, if necessary, shall be in compliance with the City's exterior and interior noise limits. Finding: The mitigation measures identified are feasible and will avoid or substantially lessen the potentially significant impacts associated with most noise derived from traffic and noise due to operation of the wastewater treatment plant to a level of less than significant. However cumulative noise levels from traffic along Sterling Avenue south of Foothill Drive can not be sufficiently mitigated resulting in a significant unavoidable adverse noise impact and a statement of overriding consideration must be adopted by the Common Council. AHS Impact 5.10-2: Implementation of the Arrowhead Springs Specific Plan project would create short-term and long-term groundborne vibration and groundborne noise. [Threshold N-2l The project would create ground borne vibration and ground borne noise that may result in significant vibration impacts from vibration intensive construction activities. Vibration intensive construction activities may temporarily lead to significant vibration impacts if vibration sensitive receivers are located proximate to the construction activities. Mitigation Measures: AHS 5.10-2A Prior to issuance of land disturbing permits for projects that would occur within 25 feet of sensitive uses, the project applicant shall submit a list of equipment to the Development Services Department demonstrating compliance with USDOT significance threshold for vibration annoyance of 72 VdB. AHS 5.1 0-2B Prior to issuance of land disturbing permits for projects that would occur within 25 feet of sensitive uses, the project applicant shall submit a list of equipment to the Development Services Department demonstrating compliance with USDOT significance threshold for vibration induced structural damage of 0.20 in/sec. Finding: The mitigation measures identified are feasible and will avoid or substantially lessen most of the potentially significant impacts associated with groundborne vibration and groundborne noise. However, the phasing of development may place sensitive users adjacent to sources of groundborne vibration and groundborne noise during construction activities such that mitigation measures would not be effective in reducing impacts, resulting in a significant unavoidable adverse impact and a statement of overriding considerations must be adopted by the Common Council. Page 44 . The Planning Center October 2005 Part B - Arrowhead Springs Specific Plan 82. FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT IDENTIFIED IN THE DEIR/FEIR 82.8 Public Services B2.8.1 Fire Protection AHS Impact 5.12-1: Incorporation of the Arrowhead Springs Specific Plan area and subsequent development would introduce new structures, residents, and workers within the City of San Bernardino Fire Department service boundaries, thereby increasing the requirement for fire protection facilities and personnel. [Threshold FP-1} Incorporation and build-out of the Arrowhead Springs Specific Plan area would expand the service boundary for the San Bernardino City Fire Department in an area that has a high number of emergency response calls and high fire danger thereby reducing the level of service for the remainder of the City and resulting in an increased need for addition fire protection facilities and personnel. Mitigation Measures: AHS 5.12-1 Prior to approval of any tract map or development application, the project applicant shall enter into a secured fire protection agreement with the City of San Bernardino to provide necessary fire fighting facilities, personnel, equipment for fire, and emergency services delivery. either through construction of fire facilities, funding or a combination of both. The Agreement shall also address the phasing of required fire facilities. ~ Finding: The mitigation measure identified is feasible and will avoid or substantially lessen the potentially significant impacts associated with fire protection and emergency services to a level of less than significant and no unavoidable adverse impacts would occur. 82.9 Recreation AHS Impact 5.13-2: Bui/dout of the Arrowhead Springs Specific Plan area would result in environmental impacts to provide new and/or expanded recreational facilities. [Threshold R-2} Implementation of the Arrowhead Springs Specific Plan would result in new recreation facilities including the development of a 199-acre public golf course in an area of natural environmental. Development of the golf course would result in direct environmental impacts to West Twin Creek and its natural biotic community. Mitigation Measures: AHS 5.13-2 Project applicant shall adhere to mitigation measures (AHS 5.3-1, AHS 5.3-2A, AHS 5.3- 2B, AHS 5.3-2C, AHS 5.3-4A, AHS 5.3-4B) as detailed in Section 5.3 which are established to reduce the impact to the biological resources of West Twin Creek. General Plan Update and Associated Specific Plans EIR City of San Bernardino. Page 45 Findings of Fact and Statement of Overriding Considerations Part B - Arrowhead Springs Specific Plan 82. FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT IDENTIFIED IN THE DEIR/FEIR Finding: The mitigation measure identified is feasible and will avoid or substantially lessen the potentially significant impacts associated with recreation to a level of less than significant and no unavoidable adverse impacts would occur. 82.10 Transportation and Traffic AHS Impact 5.14-1: Project-related trip generation would impact levels of service for the existing area roadway system. [Threshold To1] Two intersections were determined to be impacted by Phase I traffic and 7 intersections would be impacted by full build-out of the project or by the year 2030. No roadway segments would be impacted after Phase I or full build-out of the project. Mitigation Measures: AHS 5.14-1A Prior to issuance of occupancy permits the project applicant shall be required to complete or bond for the costs of engineering and construction of the following project related traffic improvements or equivalent for Phase I (as detailed in the traffic study) impacts of 2007: . Waterman phasing. . Waterman phasing. Avenue @ 36th Street. Install signaiization with permitted Avenue @ 34th Street. Install signaiization with permitted AHS 5.14-1B Prior to issuance of occupancy permits for Phase II (as detailed in the traffic study) and all phases thereafter the project applicant shall be required to complete or bond for the costs of engineering and construction of the following project related traffic improvements or equivalent for impacts due to full build-out of the project: . Waterman Avenue @ 30th Street. Install protected phasing and one additional WB right-turn lane, and one additional SB right-turn lane, both with overlap right- turn phasing. . Harrison Parkway (new) @ 40th Street. Install signalization, permitted phasing and two NB left-turn lanes, one NB right-turn lane, an exclusive EB right-turn lane and an exclusive WB left-turn lane . Waterman Avenue @ 36th Street. Install signalization and permitted phasing. . 30th Street @ Lynwood Drive. Reconfigure intersection to align with new Harrison Parkway and install signal. . Waterman Avenue @ 40th Street. Add an exclusive right-turn lane in each direction and westbound right-turn overlap phasing. . Waterman Avenue @ 34th Street. Install signal and permitted phasing. Page 46 . The Planning Center October 2005 Part B - Arrowhead Springs Specific Plan 82. FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT IDENTIFIED IN THE DEIRlFEIR . Village Parkway @ 40th Street. Install signal with protected EW phasing and the intersection configuration of; two SB left-turn lanes, one SB right-turn lane, two EB thru-Ianes, one EB left-turn lane, two WB thru-Ianes and one WB right-turn lane. Finding: The mitigation measures identified are feasible and will avoid or substantially lessen the potentially significant impacts associated with traffic and transportation to a level of less than significant and no unavoidable adverse impacts would occur. 82.11 Utilities and SeNices Systems Water AHS Impact 5.15-1: Implementation of the A"owhead Springs Specific Plan would require construction of a new water system and increase on-site water demand by approximately 4,035 acre-feet at build-out. [Thresholds WS-1 and WS-2J The environmental impact of constructing of the water distribution system for the Arrowhead Springs Specific Plan project has been analyzed throughout DEIR as part of the development as a whole and calculation of "average" water supply indicates that a sufficient supply is potentially available. However, the water supply and distribution system has not been permitted by the appropriate agencies and amount of water granted through existing water rights has not been verified. Mitigation Measures: ~ AHS 5.15-1 Prior to approvai of the first Tentative Tract Map, evidence shall be provided to Public Works/Engineering to confirm the availability and quantity of existing water rights through the State and that the drinking water system has obtained all appropriate operating and design permits through the California State Department of Heath Services. Finding: The mitigation measure identified is feasible and will avoid or substantially lessen the potentially significant impacts associated with water supply and distribution systems to a level of less than significant and no unavoidable adverse impacts would occur. Wastewater AHS Impact 5.15-2: Project-generated wastewater could be adequately collected and treated by the wastewater service provider for the project however some related facility operations may affect the environment. [Thresholds WW-1, WW-2, and WW- 3J impacts of the construction of the wastewater collection and treatment facilities for the Arrowhead Springs Specific Plan project has been analyzed throughout the DEIR where included as part of the grading footpnnt; however, operational impacts including use of recycled water may affect local water quality. Mitigation Measures: AHS 5.15-2 Prior to approval of the first Tentative Tract Map, evidence shall be provided to the Public Works/Engineering Division that appropriate permits have been obtained from the State Water Resources Board. the State Department of Health Services, California General Plan Update and Associated Specific Plans EIR City of San Bernardino · Page 47 Findings of Fact and Statement of Overriding Considerations Part B - Arrowhead Springs Specific Plan 82. FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT IDENTIFIED IN THE DEIR/FEIR Department of Corporations and the SCAQMD for the operation of the wastewater treatment plant including disposal of bio-solids and use of recycled water. Finding: The mitigation measure identified is feasible and will avoid or substantially lessen the potentially significant impacts associated with wastewater treatment and collection systems to a level of less than significant and no unavoidable adverse impacts would occur. Page 48 . The Planning Center October 2005 Part B - Arrowhead Springs Specific Plan 83. STATEMENT OF OVERRIDING CONSIDERATIONS 83 STA TEMENT OF OVERRIDING CONS/DERA TlONS CEOA requires the decision-maker to balance the benefits of the proposed project against its unavoidable environmental risks in determining whether to approve the project. If the benefits of the project outweigh the unavoidable adverse effects, those effects may be 'considered "acceptable" (State CEOA Guidelines Section 15093[a]). However, in this case CEOA requires the agency to support, in writing, the specific reasons for considering a project acceptable when significant impacts are infeasible to mitigate. Such reasons must be based on substantial evidence in the FEIR or elsewhere in the administrative record (State CEOA Guidelines Section 15093 [b]). The agency's statement is referred to as a "Statement of Overriding Considerations." The City of San Bernardino is proposing to approve the General Plan update and associated specific plans for the University District and Arrowhead Springs and has prepared and certified a FEIR that satisfies the requirements of CEOA. The following adverse impacts of the Arrowhead Springs Specific Plan project are considered significant and unavoidable based' on the DEIR, FEIR, MMP, and the findings discussed previously in Part S, Section B1 and B2 of this document. 83.1 Significant Unavoidable Adverse Impacts Air Quality Construction activities of the first phase of development that largely involve grading would cause temporary pollutant emissions that would exceed the daily emission thresholds for NOx and PM 10 for the SCAQMD. Over the course of Phase 2 construction of facilities the daily emission thresholds for ROG, and NOx would be exceeded. Operational emissions largely attributed to mobile (vehicle) sources would also exceed the daily thresholds for Co, ROG, Nox and PM 10. Emissions that exceed the daily threshold are considered to be significant on a cumulative basis by the SCAOMD. ~ Cultural Resources While the Arrowhead Springs Specific Pian calls for the restoration and revitalization of the historic hotel and many of the historic structures surrounding the hotel that contribute to the historical significance of the area, several structures considered to have historic significance would also be demolished. In accordance to CEQA guidelines, destruction of an historic resource can not be mitigated and must be considered a significant unavoidable adverse impact. Noise The traffic from Ihe Arrowhead Springs project would contribute to a small increase in noise from traffic along a portion of Sterling Avenue that in and of itself would not be considered significant however the increase causes a cumulative increase in noise that exceeds the threshold for impact. The cumulatively significant noise impact cannot be mitigated resulting a an unavoidable adverse noise impact. 83.2 Considerations in Support of the Statement of Overriding Considerations The City, after balancing the specific economic. legal, social, technological, and other benefits of the proposed Project (Arrowhead Springs Specific Plan), has determined that the unavoidable adverse environmental impacts identified above may be considered "acceptable" due to the following specific considerations, which outweigh the unavoidable, adverse environmental impacts of the proposed Project. Each of the separate benefits of the proposed Project. as stated herein, is determined to be, unto itself and independent of the other Project benefits, a basis for overriding all unavoidable adverse enVIronmental impacts identified in these Findings. General Plan Update and Associated Specific Plans EIR City of San Bernardino. Page 49 Findings of Fact and Statement of Overriding Considerations Part B - Arrowhead Springs Specific Plan B3. STATEMENT OF OVERRIDING CONSIDERATIONS The benefits of the Arrowhead Springs Specific Plan can best be understood in light of the manner the project assists the City in attaining its long term goals. To that end, the Arrowhead Springs Specific Plan is consistent with the Updated General Plan and addresses several key City goals, including: Preserve and enhance San Bernardino's unique neighborhoods and create and enhance dynamic, recognizable places. The Arrowhead Springs Specific Plan provides for the preservation and enhancement of a local icon. The Arrowhead Springs Hotel and ResorVSpa will be improved and surrounded by complementary uses. such as conference facilities, offices. hotels, a golf course. a village shopping environment. and residential uses. The mixture of uses. resort nature of the site, and enhancement of historic structures provide an identity to Arrowhead Springs that is unique to the area. Promote development that integrates with and minimizes impacts on surrounding land uses. The Arrowhead Springs Specific Plan concentrates development on 506 acres near existing. on and off site development and leaves the remaining 1,400 acres in permanent open space. This allows the majority of Arrowhead Springs to blend with the adjacent National Forest Development while focusing development near existing roadways and infrastructure. In addition. the Arrowhead Springs Specific Plan includes development standards, design guidelines. grading standards, hillside development standards, fire protection standards, and resource protection measures that will ensure that new development be of a high quality and blends with surrounding uses. Enhance the quality of life and economic vitality in San Bernardino by strategic infill of new development and revitalization of existing development. The Arrowhead Springs Specific Plan is the revitalization of an existing hotel and resort that has not been in operation in years. Development of Arrowhead Springs will result in 1,350 single-family detached and multi- family units and approximately 2,530 new jobs. Arrowhead Springs will also be a unique resort and historic icon and attract visitors and tourists to the City. Enhance the aesthetic quality of land uses and structures in San Bernardino. The existing historic buildings on site create a benchmark for future development to complement and enhance. The Arrowhead Springs Specific Plan includes detailed development standards and design guidelines and clear maintenance requirements to ensure a quality, long-term project. Provide for the development and maintenance of public infrastructure and services to support existing and future residents, businesses, recreation and other uses. The Arrowhead Springs Specific Plan provides for the necessary infrastructure, including domestic and recycled water, sewer, drainage, utilities, and roadways, to accommodate the buildout of the property. Arrowhead Springs will provide on-site: domestic water treatment, supply, distribution, and storage systems; storm water and flood management systems, including untouched natural channels; wastewater treatment; and solid waste collection and recycling in sufficient size and capacity to support buildout of the plan. Arrowhead Water & Power, the on-site utility company, will provide these services within Arrowhead Springs. Ensure that the costs of infrastructure improvements are borne by those who benefit. Page 50 . The Planning Center . October 2005 Part B - Arrowhead Springs Specific Plan 83. STATEMENT OF OVERRIDING CONSIDERATIONS The necessary infrastructure to support the buildout of Arrowhead Springs will be installed and financed by Arrowhead Water & Power or by individual developers. User fees will accommodate the long-term use and on-going maintenance of the utilities. Facilitate the development of a variety of types of housing to meet the needs of all income levels in the City of San Bernardino. Arrowhead Springs accommodates 1,350 new residential units that provide housing opportunities for multiple segments of the housing market, from first time buyers, to executive homes, to condominiums and multi- family units. Arrowhead Springs accommodates 36 custom estates, 34 'urban' flats in Village Walk, 266 condominiums and townhomes adjacent to Village Walk, 150 upscale senior units, 150 non-age restricted attached units. 429 golf course condominiums, and 285 town homes and condominiums in the unique Hilltown. Expand on historic and the natural assets to attract recreational visitors. Arrowhead Springs represents a significant gateway into the City from the mountain resorts. The development creates a powerful transitional edge from the City to the US National Forest of the San Bernardino Mountains. Arrowhead Springs is located immediately below the famous geologic 'arrowhead' that is imprinted on the mountainside, providing a natural landmark to the property. Arrowhead Springs, with its unique history and natural resources, will become a regional tourist destination. The creation of up-scale residential neighborhoods, a unique "village" commercial center, corporate office center, high-end hotels, convention center, world-class spa/health resort, public golf course, and equestrian trails will create a mountain resort at a gateway to the City from SR-18. ~ Improve the quality of life in San Bernardino by providing adequate parks and recreation facilities and services to meet the needs of our residents. Arrowhead Springs includes 21 acres of Neighborhood/Mini-Parks and 1,400 acres of open space. Above this, a 199-acre public golf course is also provided in Arrowhead Springs. In the developed area, there is one 14-acre public Botanical Garden and seven Mini-Parks ranging in size from 0.2 acres to 3.0 acres. The Park Plan for Arrowhead Springs also includes approximately 1,400 acres of Open SpacelWatershed uses. This designation is intended to establish open space areas serving multiple purposes including active and passive recreation, such as hiking, as well as watershed control. Protect people and property from brush urban and wildland fire hazards. Arrowhead Springs concentrates development on 27% of the site. Surrounding the developed areas of the site are fuel modification zones that will be planted with vineyards and orchards. These natural buffers will help protect the people and property from brush fire hazards and enhance the character of the area. Development in Arrowhead Springs will be required to comply with the requirements of the City's Foothill Fire Zone and Arrowhead Springs Hillside Development provisions, which address building, grading, and landscaping standards in high-fire areas. 83.3 Conclusion For the foregoing reasons, the City of San Bernardino concludes that the Arrowhead Springs Specific Plan project will result in a beneficial mix of retail, residential, and recreational uses while restoring and reusing important historical structures providing significant benefits of local and regional significance, which outweigh the unavoidable environmental impacts. Therefore, the City of San Bernardino has adopted this Statement of Overriding Considerations. General Pldn Update and Associated Specific Plans EIR City of San Bernardino. Page 5 J Findings of Fact and Statelllellt of Overriding Considerations EXHIBIT 3 SUMMARY CITY OF SAN BERNARDINO PLANNING DIVISION CASE: AGENDA ITEM: HEARING DATE: WARD: General Plan Update and Arrowhead Springs Specific Plan. I September 25, 2006 Citywide APPLICANT: Development Services Department 300 North "0" Street San Bernardino, CA 92418 909.384.5057 REQUEST/LOCATION: General Plan Update - an update of the General Plan, a policy and planning document which applies throughout the City of San Bernardino and the unincorporated sphere of influence. Arrowhead Springs Specific Plan - a planned development including the historic Arrowhead Springs HoteL a new hotel and convention center, offices, 1,350 residences, a commercial center, golf course, parks and 1,400 acres of open space. CONSTRAINTS/OVERLA YS: ~ All Overlay Districts Included in the General Plan E:'oiVIRONMENT AL FINDINGS: o Not Applicable o Exempt o No Significant Effects o Mitigated Negative Declaration and Mitigation Monitoring Plan ~ Environmental Impact Report (SCH# 2004111132) CertIfied 11-1-05 STAFF RECOMMENDATION: ~Approval DConditions DDenial DContinuance to: General Plan Updare A rrowhead Springs Spec(lic Plan Hearing Date: 9.25.06 Page 2 of6 BACKGROUND On November L 2005, with the unanimous recommendation of the Planning Commission, the Mayor and Common Council adopted the General Plan Update, University District Specific Plan and the Arrowhead Springs Specific Plan. A program Environmental Impact Report (SCH# 2004111132) was certified prior to adoption of the General Plan and specific plans. Subsequent to that adoption, litigation was filed by the Center For Biological Diversity with the San Bernardino County Superior Court as case number SCVSS 132463 contesting the propriety of the adoption insofar as it related to Arrowhead Springs Specific Plan. On September 6.2006, trial of the matter was held before the Honorable John Wade, Judge presiding. At the conclusion of the trial, Judge Wade announced the Court's determination that the adoption of the General Plan and the Arrowhead Springs Specific Plan was defective because the Court was unable to find evidentiary support for the finding and conclusion that the project was not economically feasible without the inclusion of a golf course element. CURRENT REQUEST Additional information about the economic viability of the Arrowhead Springs development and the proposed alternatives to the project is available (Attachment A) and will be presented for consideration in support of the findings for adoption of the Specific Plan. A Draft Resolution (Attachment B) is proposed to re-adopt the General Plan Update and Arrowhead Springs Specific Plan, based on a revised Statement of Facts, Findings and Overriding Considerations (Attachment C). Alfred Gobar and Associates, a firm that specializes in land use and market feasibility analysis, has compiled the additional data concerning the economic viability of the Arrowhead Springs Specific Plan and the importance of the proposed golf course to the objectives and feasibility of the project. The additional economic information is summarized in Attachment A, and has been incorporated in the revised Findings of Fact in Attachment C. Staff anticipates that Alonzo Pedren of Alfred Gobar and Associates will attend the Planning Commission meeting to present his analysis .in more detail. PLANS SUBMITTED FOR ADOPTION GENERAL PLAN UPDATE: The General Plan is a policy document required by state law that guides land use and development within the City over a planning horizon of approximately 20 years. The City General Plan covers a planning area of approximately 45,231 acres (71 sq. mi.). Policies in the General Plan Update are organized by topic, in the following chapters, called elements: Land Use, Housing, Economic Development, Community Design, Circulation, Public Faciliti'es and Services, Parks, Recreation and Trails, Utilities, Safety, Historical and Archaeological Resources, Natural Resources and Conservation, Energy and Water Conservation and Noise. General Plan Updare Arrowhead Springs Specific Plan Hearing Date: 9.25.06 Page 30f6 ARROWHEAD SPRINGS SPECIFIC PLAN: The Arrowhead Springs Specific Plan is a planned development proposal for the area surrounding the historic Arrowhead Springs Hotel. This specific plan proposes expansion of the historic hotel and spa/resort, an IS-hole public golf course, multi-use recreational amenities, a new hotel and conference center with office space, 1,350 residential units and a "village" commercial center. The specific plan encompasses a total of 1,916 acres, of which 1.400 acres will be preserved as open space. FACTS FINDINGS AND OVERRIDING CONSIDERATIONS The Program Environmental Impact Report concludes that implementation of the General Plan Update will result in significant and unavoidable adverse impacts with regard to air quality, noise and cumulative impacts on the State highway system. Implementation of the Arrowhead Springs Specific Plan will result in significant unavoidable adverse impacts on air quality, cultural resources and noise levels. Specific findings regarding the level of significance of all impacts and benefits of the program that warrant approval despite the significant impacts were adopted on November 1,2005 in a Statement of Facts, Findings and Overriding Considerations. The following are brief summaries of the benefits/overriding considerations cited in the original Findings of Fact: Benefits of the General Plan Update: . Provides a unifying 20-year vision for the future of the City of San Bernardino . Provides new strategies for revitalization of commercial corridors and other key locations . Plans for provision of transportation improvements additional facilities and services Benefits of the Arrowhead Springs Specific Plan: . Provides for a variety of housing choices in a unique location . Expands on historic and natural assets to attract visitors from throughout the region . Provides resort amenities, including a golf course, commercial village and 2,530 jobs . Provides a net recurring fiscal surplus to the City of over $5 million annually . Provides infrastructure improvements required to serve the project site that will serve and enhance the surrounding area as well Additional facts concerning consideration of project alternatives and supporting the selection of the preferred alternative are also addressed in the analysis by Alfred Gobar Associates (Attachment A), noted in the Resolution (Attachment B) and discussed in the revised CEQA Findings of Fact (Attachment C). General Plan Update Arrowhead Springs Specific Plan Hearing Dale. 9.25.06 Page 4 of6 FINDINGS - GENERAL PLAN UPDATE (AMENDMENT) 1. 1s the proposed amendment illlemally consistent with the General Plan? Yes, all elements of the General Plan have been updated in a coordinated way, ensuring internal consistency of the General Plan document. 2. Would the proposed amendment be detrimental to the public interest, health, safety, convenience, or welfare of the Ci(v? No, the proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City. The Program EIR contains an analysis of potential impacts related to the proposed amendment. Although the Program EIR identifies significant adverse environmental impacts, the CEQA Findings of Fact demonstrate that the potential benefits of the General Plan and associated specific plans outweigh the potential environmental impacts, 3. Would the proposed amendment maintain the appropriate balance of land uses within the City? With few exceptions, the General Plan Update maintains pre-existing General Plan land use designations, Therefore, the appropriate balance ofland uses reflected in the 1989 General Plan is maintained by the General Plan Update. 4. With regard to proposed amendments to the General Plan Land Use Map, are the subject parcels physically suitable (including but not limited to, access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested land use designations and the anticipated land use development? The General Plan Update contains land use designation changes for only a few properties, The properties are identified specifically in the Program Environmental Impact Report, which presents the rationale for each proposed change and discusses the suitability, including physical characteristics of each proposed site for the proposed land use designation. FINDINGS - ARROWHEAD SPRINGS SPECIFIC PLAN I Is the proposed specific plan consistent with the General Plan? Yes, the Arrowhead Springs Specific Plan is consistent with goals and policies of the 1989 General Plan, as well as revised policies of the General Plan Update, as follows: Goal 2.2 - Promote development that integrates with and minimizes impacts on surrounding land uses. General Plan Update Arrowhead Springs Specific Plan Hearing Dare: 9.25.06 Page 5 of6 Policy 1.1.4 - Hillside development and development adjacent to natural areas shall be designed and landscaped to preserve natural features and habitat and protect structures from threats from natural disasters, such as wildfires and floods. Goal 4.4 - Enhance, maintain and develop recreational, cultural, entertainment and educational facilities within the City. Goal 11.4 - Protect and enhance our historic and cultural resources. J Would the proposed specific plan be detrimental to the public interest. health. safety. convenience. or welfare of the City? No, the Arrowhead Springs Specific Plan would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. The proposed plan would enhance the balance and variety of commercial and residential land uses in the City, in the interest of public welfare and convenience. The land use plan and development standards conform to all applicable and current health and safety standards. Also, in the interest of the public, the Arrowhead Springs Specific Plan respects the natural environment in the layout of the proposed development plan and the extensive dedication of natural open space on the project site. 3 Is the subject site physically suitable for the requested land use designations and the anticipated land use development? Yes, the site is physically suitable for the land use designations and development plan proposed by the Arrowhead Springs Specific Plan. The land use plan has been designed to conform to the physical features of the site, beginning with a scale model of the existing terrain and the existing historic hotel structure. New development proposed by the specific plan was added to the model to maintain respect for the prominence of the existing hotel, the natural setting of the existing landform and sensitive natural resources on the project site and in the surrounding area. The site is physically suitable for the proposed project because the project was designed specifically to conform to the existing physical conditions of the site. 4 Would the proposed specific plan ensure development of desirable character which would be compatible with existing and proposed development in the surrounding neighborhood? Yes, the Arrowhead Springs Specific Plan includes a detailed development plan, development standards and design requirements that will ensure compatibility with the historic Arrowhead Springs Hotel, as well as the surrounding development and undeveloped open space. The land use plan and development standards of the specific plan have been designed to ensure the highest quality of development, in a context that General Plan Update Arrowhead Springs Specific Plan Hearing Date: 9.25.06 Page 60f6 would be compatible with the historic use of the property, while maintaining an appropriate buffer and interface with surrounding open space and wildlands. 5 Would the proposed specific plan contribute to a balance of land uses so that local residents may work and shop in the community in which they live? Yes, the hotels, convention center, office spaces and commercial village proposed within the Arrowhead Springs Specific Plan will provide a broad range of employment opportunities for future residents of the project site, as well as nearby residents in other areas of the City. The specific plan will improve the balance ofland use within the City, by providing commercial and office floor space to attract new businesses to the City and additional shopping and recreational opportunities for City residents and visitors to the hotels and convention center. CONCLUSION All Findings required for approval of the General Plan Update and Arrowhead Springs Specific Plan can be made. RECOMMENDATION Staff recommends that the Planning Commission recommend that the Mayor and Common Council adopt the draft Resolution (Attachment B) to adopt the General Plan Update and the Arrowhead Springs Specific Plan, based on the revised Findings of Fact (Attachment C) and the additional findings for approval contained in this staff report. Respectfully Submitted, y~ Terri Rahhal Deputy Director/City Planner C D E Supplemental Arrowhead Springs Project Information Draft Resolution for adoption of the General Plan and Arrowhead Springs Specific Plan Facts, Findings, and Statement of Overriding Considerations General Plan* Arrowhead Springs Specific Plan* Attachments A B *Distributed in October 2005 ALFRED GOBAR ASSOCIATES September 22, 2006 R_R .-J.....J:...... --l:..J..::..:J J.....J/ ATTACHMENT A Ms. Terri Rahhal, City Planner CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT 300 North "D" Street San Bemardino, CA 92418 Sent Via Mail & Email: rahhaUe@sbcity.org Subject: Arrowhead Springs Resort Conference and Meeting Center Dear Ms. Rahhal: Alfred Gobar Associates has been asked to evaluate the role of an on-site golf course in creating a viable meeting and conference experience within a resort-based conference center. A memo-style report is currently being prepared and will be hand-delivered to the Planning Commission at the September 25, 2006 scheduled hearing. FOllowing is a brief outline of the research approach used to evaluate the importance of an on-site golf course to the competitive attraction of a resort and resort-style meeting and conference center. The principal objective of our research is to address the importance of having an on-site recreation amenity, such as a regulation golf course, in attracting business from meeting planners (industry professionals that coordinate meeting events) and fulfilling demands of meeting attendees and their sponsor companies or trade associations. Our assessment is based on shared experience and knowledge gathered from the following three areas: . IndustryfTrade Association Groups - Meeting industry organization responsible for communicating industry trends and knowledge for the purpose of aiding industry professionals (meeting planners, conference center venues, hoteVresort operators, etc.) to better serve the meeting and convention needs of diverse industry groups and companies. . Southem California Resort-Based Meeting Facility and Golf Operators - Meeting facility sales managers, golf reservation specialists, and other professionals at inland Southern Califomia venues responsible for marketing 10,000 to 50,000 square of meeting space to meeting planners and industry groups. . Alfred Gobar Associates - In-house experience evaluating market potential for resorts and meeting facilities throughout the United States and Mexico. Results of this latest assessment confirm the intuitive notion that access to an on-site golf experience is integral to a high-quality resort meeting experience. The final write-up will qualify the extent meeting industry planners and meeting facility operators rely on the availability of an on-site golf course to schedule and attract meetings and conferences. 300 S Harbor Blvd., Suite 900, Anaheim, CA 92805-3721 (714) 772-8900 FAX (714) 772-8911 ALFRED GOBAR ASSOCIATES Ms. Terri Rahhal September 22. 2006 Page 2 We look forward to sharing our findings with the Planning Commission this coming Monday. ALFRED GOBAR ASSOCIATES 4-~~ Alonzo Pedri Principal (714) 772-8900 x310 AP cc: John.Nolan@greshamsavage.com ARROWHEAD SPRINGS PROGRESS MEMO D.22-06.00c DRAFT ATTACHMENTB RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO SETTING ASIDE PORTIONS OF RESOLUTION ADOPTED ON NOVEMBER 1, 2005, AND ADOPTING THE FINDINGS. OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS, AS WELL AS ADOPTING THE UPDATED GENERAL PLAN AND THE ARROWHEAD SPRINGS SPECIFIC PLAN. SECTION 1. RECITALS (a) WHEREAS, the Mayor and Common Council of the City of San Bernardino ("City") adopted the General Plan for the City by Resolution No. 89-159 on June 2, 1989; and (b) WHEREAS, the City initiated an update of its existing General Plan in 2001; and (c) WHEREAS, the City retained The Planning Center to update the General Plan and complete the environmental analysis; and (d) WHEREAS, an Economic Conditions and Trends report was prepared for the General Plan Update Program; and (e) WHEREAS, the City held a workshop with representatives of business and industry in 2001 to elicit input concerning growth in the City; and (f) WHEREAS, the City held a series of community workshops in 2001 to identify Citywide opportunities and constraints, and visions for the future growth of the City; and (g) WHEREAS, staff and the consultant interviewed the Mayor, the Councilmembers, and the Planning Commission to seek their input and guidance; and (h) WHEREAS, The Planning Center prepared an Issues Report that summarized the input received from the workshops and interviews; and !>I:"I 1 (i) WHEREAS, the City determined that large scale changes in land use patterns and land use designations were not necessary to achieve the City's goals; and OJ WHEREAS, the City determined that shifts in policy focus, changes in allowable uses, and emphasis on priorities were necessary to achieve the City's goals; and (k) WHEREAS, the City determined that a Specific Plan for the University District was appropriate to integrate California State University San Bernardino with the rest of the City; and (I) WHEREAS, The University District Specific Plan focuses on aesthetic improvements In public rights-of-way and other programs designed to create an identifiable district surrounding the University; and (m) WHEREAS, the Arrowhead Springs area is within the City's sphere of influence and the City determined that a Specific Plan for Arrowhead Springs was appropriate; and (n) WHEREAS, the Arrowhead Springs Specific Plan proposes expansion of the historic hotel and spa/resort, an 18-hole public golf course, multi-use recreational amenities, a new hotel and conference center with office space, 1,350 residential units and a "village" commercial center on a total of 1.916 acres, of which 1,400 acres will be preserved as open space; and (0) WHEREAS, The Planning Center, on behalf of the City, prepared an Initial Study for the Updated General Plan, University District Specific Plan, and Arrowhead Springs Specific Plan; and (p) WHEREAS, on November 4, 2004, the Environmental Review Committee detemlined that the Updated General Plan, University District Plan, and Arrowhead Springs Specific Plan could have significant effects on the environment, and :::<,!;"I 2 thus warranted preparation of a Program Environmental Impact Report (EIR) pursuant to the California Environmental Quality Act (CEQA); and (q) WHEREAS, the Notice of Intent of the City to prepare a Draft Program Environmental Impact Report was made known to the public, responsible agencies and other interested persons for their concerns and comments from November 29, 2004 to December 28, 2004; and (r) WHEREAS, on December 14, 2004, the City held a public scopmg meeting to solicit public comments on the preparation of the Draft Program EIR; and (s) WHEREAS, the City considered the concerns and comments received during the Notice of Intent period in the preparation of the Draft Program EIR, pursuant to CEQA; and (I) WHEREAS, a Draft Program EIR was distributed for a 45-day public review period from July 25, 2005 to September 8, 2005; and (u) WHEREAS. the City accepted additional comment letters through September 16,2005; and (v) WHEREAS, four comment letters were received before the close of the public review period and three comment letters were received before the end of the extended public review period and written responses were provided to the commentors on October 1,2005; and (w) WHEREAS, on September 29, 2005, the Environmental Review Committee determined that the Final Program EIR adequately addressed all potential impacts of the Updated General Plan, University District Specific Plan, and Arrowhead Springs Specific Plan and recommended certification of the Final Program EIR and adoption of the Mitigation Monitoring and Reporting Plan; and 3 (x) WHEREAS, the Updated General Plan, University District Specific Plan, and Arrowhead Springs Specific Plan, the Draft Program Environmental Impact Report, the Comments and Responses, the Mitigation Monitoring and Reporting Plan, and the Draft Facts, Findings and Statement of Overriding Considerations were made available to the public at the Development Services public counter, the Feldheym Library, and on the City's web page; and (yl WHEREAS, on November 3, 1993 the San Bernardino Associated Governments adopted the Congestion Management Program (CMP) pursuant to California Government Code Section 65809.3(a) which requires the county and cities to adopt and implement "a program to analyze the impacts of land use decisions, including an estimate of the costs associated with mitigating these impacts" on the CMP network of roadways; and (zl WHEREAS, the Mayor and Common Council adopted a Land Use/Transportation Analysis Program for the City pursuant to the CMP for the City of San Bernardino by Resolution No. 93-74 on March 22, 1993; and (aa) WHEREAS, the City determined that the Arrowhead Springs Specific Plan met the thresholds in the CMP and thus warranted the preparation of a Traffic Impact Analysis (TIA) pursuant to the Congestion Management Program; and (bb) WHEREAS, a Draft TIA was prepared to address the traffic impacts of the Arrowhead Springs Specific Plan on designated CMP roadways and freeways, the appropriate mitigation measures, and fair share contribution toward CMP roadway and ffeeway improvements; and (ccl WHEREAS, the Draft TIA was made available to the various regional and sub-regional agencies and to the adjacent jurisdictions for their review during a 21- 4 day review period which began on August 3, 2005 and ended on August 24, 2005 as required by the CMP; and (dd) WHEREAS, verbal and written comments were received on the Draft TIA and responded to via changes to the Draft T1A; and (ee) WHEREAS, with over 70,000 parcels of land within the City of San Bernardino, the Draft Updated General Plan, including the University District Specific Plan and Arrowhead Springs Specific Plan, could affect the permitted use or intensity of uses for more than 1,000 property owners; and (ff) WHEREAS, after giving public notice as required by California Government Code Section 65353(c) and 65091(a)(3), the City Planning Commission held a public hearing on October II, 2005 in order to receive public testimony and written and oral comments on the Updated General Plan, the University District Specific Plan, the Arrowhead Springs Specific Plan, the Final Program Environmental Impact Report, the Mitigation Monitoring and Reporting Plan, the Facts, Findings and Statement of Overriding Considerations and the Draft T1A; and (gg) WHEREAS, the Planning Commission considered the Development Services Department Staff Report on October 11, 2005, which addresses the Final Program EIR, the Updated General Plan, the University District Specific Plan, the Arrowhead Springs Specific Plan, the Mitigation Monitoring and Reporting Plan, the Facts, Findings and Statement of Overriding Considerations and the Draft T1A; and (hh) WHEREAS, the Planning Commission, after receiving public testimony, recommended that the Mayor and Common Council adopt the Facts, Findings and Statement of Overriding Considerations, certify the Final Program Environmental Impact Report, adopt the Mitigation Monitoring and Reporting Plan, adopt the Updated 5 General Plan, the University District Specific Plan, and the Arrowhead Springs Specific Plan. and certify the Draft TIA; and (ii) WHEREAS, the Mayor and Common Council conducted a noticed public hearing on November I, 2005, pursuant to Government Code Section 65353(c) and 65091(a)(3), and fully reviewed and considered the Final Program EIR, the Mitigation Monitoring and Reporting Plan, the Facts, Findings and Statement of Overriding Considerations, the Updated General Plan, the University District Specific Plan, the Arrowhead Springs Specific Plan, the Draft TlA, the Planning Division staffreports, and the recommendation of the Planning Commission; and (jj) WHEREAS. the Mayor and Common Council made no substantial modifications to the Updated General Plan, the University District Specific Plan, and the Arrowhead Springs Specific Plan which were not considered by the Planning Commission during its public hearing; and (kk) WHEREAS, on November I, 2005, the Mayor and Common Council adopted Resolution 2005-362, adopting the Facts, Findings and Statement of Overriding Considerations, certifying the Final Program Environmental Impact Report, adopting the Mitigation Monitoring and Reporting Plan, certifying the Traffic Impact Analysis, and adopting the Updated General Plan, the University District Specific Plan, and the Arrowhead Springs Specific Plan; and (II) WHEREAS. on December 1,2005, the Center for Biological Diversity filed a Petition for Writ of Mandate (San Bernardino County Superior Court Case No. SCVSS 132463, the "Action") against the City of San Bernardino, Common Council of the City of San Bernardino, and Judith Valles, Mayor of the City of San Bernardino (in her prior official capacity), and naming as real party in interest American Development Group, Inc., challenging the approval of Resolution 2005-362 as it relates to the 6 Arrowhead Springs Specific Plan and alleging violations of the California Environmental Quality Act (Public Resources Code sections 21000, et seq.), including failure to adequately analyze and mitigate potential impacts in the Environmental Impact Report (HEIR"), improper use of a program EIR, and improper rejection of feasible alternatives to the proposed project; and (mm) WHEREAS, the Action did not challenge that portion of Resolution 2005-362 related to the approval of the University Specific Plan, that portion of Resolution 2005-362 and the Program EIR as it relates to the University Specific Plan remains intact; and (nn) WHEREAS, on September 6, 2006 the court heard the petition for writ of mandate, the Honorable John P. Wade, judge presiding, and orally ruled that the findings made in support of the City's rejection of the environmentally superior "Wetlands A voidance" alternative was not adequately supported by the record: specifically, the Court stated that there was no substantial evidence in the record to support the rejection of the alternative, which eliminated the golf course, based upon economic infeasibility; and (00) WHEREAS the Court did not find that the EIR failed to comply with CEQA, but, instead, specifically found said findings made by the City were inadequate, the Court ordered that the approval of the Arrowhead Springs Specific Plan, and by reference also those portions of the General Plan as it relates to the Arrowhead Springs Specific Plan, be set aside; and (pp) WHEREAS, after glvmg public notice as required by California Government Code Section 65353(c) and 65091(a)(3), the City Planning Commission held a public hearing on September 25, 2006 in order to receive public testimony and written and oral comments and any other additional materials and/or input on the 7 Updated General Plan, the Arrowhead Springs Specific Plan, and the Facts, Findings and Statement of Overriding Considerations; and (gg) WHEREAS, the Planning Commission considered the Development Services Department Staff Report on September 25, 2006, which addresses the Updated General Plan, the Arrowhead Springs Specific Plan, and the Facts, Findings and Statement of Overriding Considerations; and (rr) WHEREAS, the Planning Commission, after receiving public testimony, recommended that the Mayor and Common Council adopt the Facts, Findings and Statement of Overriding Considerations, adopt the Updated General Plan, and adopt the Arrowhead Springs Specific Plan; and (ss) WHEREAS, the Mayor and Common Council conducted a noticed public hearing on October 3, 2006, pursuant to Goverrunent Code Section 65353(c) and 65091(a)(3), and fully reviewed and considered the Facts, Findings and Statement of Overriding Considerations, the Updated General Plan, and the Arrowhead Springs Specific Plan, the Planning Division staff reports, and the recommendation of the Planning Commission; (ll) WHEREAS, the Mayor and Common Council made no substantial modifications to the Updated General Plan, the University District Specific Plan, and the .-\rro\\ head Springs Specific Plan which were not considered by the Planning Commission during its public hearing; SECTION II. SET ASIDE NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL HEREBY RESOLVE, FIND, AND DETERMINE THE FOLLOWING: 8 That the approval of Resolution 2005-362 insofar as it relates to the adoption of the General Plan, relating to the Arrowhead Springs Specific Plan, and the Facts, Findings, and Statement of Overriding Consideration related thereto, be set aside. SECTION III FACTS, FINDINGS AND STATEMENT OF OVERRIDING CONSIDERA nONS NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL HEREBY RESOL VE, FIND, AND DETERMINE THE FOLLOWING: A. The facts and information contained in the above Recitals section are true and correct, and are incorporated herein by reference. The Final Program Environmental Impact Report for the Updated General Plan and the Arrowhead Springs Specific Plan has been completed in compliance with the California Environmental Quality Act and previously certified on November I, 2005. Attached to this Resolution as Exhibit A, and incorporated herein by reference, is the certified Final Program EIR which consists of the following elements: 9 I. Initial Study; 1 Notice of Preparation; 3. Responses to the Notice of Preparation; 4. Draft Program EIR; 5. Notice of Completion; 6. List of persons, organizations and public agencies commenting on the Draft Program EIR; 7. Comments received on the Draft Program EIR during and after the public review period; 8. Responses to comments on the Draft Program EIR. B. The Facts and Findings set forth in the Facts, Findings and Statement of Overriding Considerations are true and are supported by substantial evidence in the record, including those documents comprising the certified Final Program EIR. The Facts. Findings and Statement of Overriding Considerations is attached hereto as Exhibit B. and is incorporated herein by reference. C. The certified Final Program ErR was presented to the Mayor and Common Council, who have reviewed and considered the information in the Final Program ErR prior to adoption of the Updated General Plan and the Arrowhead Springs Specific Plan. D. The certified Final Program ErR has identified all significant adverse el1\ironmental effects of the Updated General Plan and the Arrowhead Springs Specific Plan as set forth in the Facts, Findings and Statement of Overriding Considerations. E. The certified Final Program EIR has described the alternatives to the Updated General Plan and the Arrowhead Springs Specific Plan, even though these alternatives may impede the attainment of the objectives of the Updated General Plan and the Arrowhead Springs Specific Plan, and may be more costly. The Mayor and Common 10 Council finds that a good faith effort was made to incorporate alternatives in the preparation of the certified Final Program ErR and a range of reasonable alternatives were considered in the review process of the certified Final Program ErR and the ultimate decision on the Updated General Plan and the Arrowhead Springs Specific Plan. F. Other project alternatives not incorporated into or adopted as part of the certified Final Program EIR are rejected as infeasible, based on specific economic, social, or other considerations as set forth in the Facts, Findings and Statement of Overriding Considerations. The project alternatives not adopted are rejected as economically infeasible based upon the information considered by the Planning Commission and the Mayor and Common Council after the trial of case number SCVSS 132463 including, but not limited to, the information supplied by Alfred Gobar Associates. G. The Mayor and Common Council have given great weight to the significant unavoidable adverse environmental impacts. The Mayor and Common Council find that the significant unavoidable adverse environmental impacts are clearly outweighed by the economic, social, cultural, and other benefits of the Updated General Plan and the Arrowhead Springs Specific Plan, set forth in the Facts, Findings and Statement of Overriding Considerations. H. The Facts, Findings and Statement of Overriding Considerations reflect the independent review, analysis and judgment of the Mayor and Common Council of the City of San Bernardino. SECTlO"i IV. GE"iERAL PLAN UPDATE FINDINGS Based upon substantial evidence in the record, the Mayor and Common Council hereby find: 11 ~ A. All elements of the General Plan have been updated in a coordinated way, ensuring intemal consistency of the General Plan document. B. The Updated General Plan will not be detrimental to the public interest, health, safety, convenience, or welfare of the City. The certified Final Program ElR contains an analysis of potential significant adverse environmental impacts related to the LpJaleJ General Plan. Although the certified Final Program ElR identifies unmitigated significant adverse environmental impacts, the Facts, Findings and Statement of Overriding Considerations indicate that the potential benefits of the Updated General Plan and associated specific plans outweigh the unmitigated significant adverse emironmental impacts. C. With few exceptions, the Updated General Plan maintains the existing General Plan land use designations. Therefore, the appropriate balance of land uses retlected in the current General Plan is maintained by the proposed Updated General Plan. D. Very few properties are proposed for land use designation changes by the Updated General Plan. The properties are identified specifically in the Final Program Environmental Impact Report, which presents the rationale for each proposed change and discusses the suitability, including physical characteristics of each proposed site for the proposed land use designation. SECTION V. ARROWHEAD SPRINGS SPECIFIC PLAN FINDINGS Based upon substantial evidence in the record, the Mayor and Common Council hereby find: A. The Arrowhead Springs Specific Plan is consistent with goals and policies of the existing General Plan, as well as revised policies of the proposed General Plan Update, as follows: 12 Goal 2.2 - Promote development that integrates with and minimizes impacts on surrounding land uses. Policy 2.2.4- Hillside development and development adjacent to natural areas shall be designed and landscaped to preserve natural features and habitat and protect structures from threats from natural disasters, such as wildfires and floods. Goal 4.4 - Enhance, maintain and develop recreational, cultural, entertainment and educational facilities within the City. B. The Arrowhead Springs Specific Plan would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. The proposed plan would enhance the balance and \'ariety of commercial and residential land uses in the City, in the interest of public welfare and convenience. The land use plan and de\ dopmelll standards confoml to all applicable and current health and safety standards. Also, in the interest of the public, the Arrowhead Springs Specific Plan respects the natural environment in the layout of the proposed development plan and the extensive dedication of natural open space on the project site. C. The site is physically suitable for the land use designations and development plan proposed by the Arrowhead Springs Specific Plan. The land use plan has been designed to conforrn to the physical features of the site, beginning with a scale model of the existing terrain and the existing historic hotel structure. New development proposed by the specific plan was added to the model to maintain respect for the prominence of the existing hotel, the natural setting of the existing landforrn and sensitive natural resources on the project site and in the surrounding area. The site is physically suitable for the proposed project because the project was designed specifically to conforrn to the existing physical conditions of the site. 13 D. The Arrowhead Springs Specific Plan includes a detailed development plan, development standards and design requirements that will ensure compatibility with the historic Arrowhead Springs Hotel, as well as the surrounding development and undeveloped open space. The land use plan and development standards of the specific plan have been designed to ensure the highest quality of development, in a context that would be compatible with the historic use of the property, while maintaining an appropriate buffer and interface with surrounding open space and wildlands. E. The hotels, convention center, office spaces and commercial village proposed within the Arrowhead Springs Specific Plan will provide a broad range of employment opportunities for future residents of the project site, as well as nearby residents in other areas of the City. The specific plan will improve the balance of land use within the City, by providing commercial and office floor space to attract new businesses to the City and additional shopping and recreational opportunities for City residents and visitors to the hote Is and convention center. 14 5ECT10:\ VI. ADOPTION OF THE FACTS, FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED by the Mayor and Common Council of the City of San Bernardino that the Facts, Findings and Statement of Overriding Consideration fully complies with the requirements of the California Environmental Quality Act, the CEQA Guidelines and the City's Environmental Review Procedures. The Facts, Findings and Statement of Overriding Considerations are hereby adopted. SECTION VII. ADOPTION OF THE UPDATED GENERAL PLAN AND SPECIFIC PLANS Based upon the above-referenced findings, the Updated General Plan aIld the AITowhead Springs Specific Plan (attached and incorporated herein as Exhibits D and E, respectively) are hereby adopted. SECTION VIII. NOTICE OF DETERMINATION In accordance with the provisions of this Resolution, the Planning Division is hereby directed to file a Notice of Determination with the County of San Bernardino Clerk of the Board of Supervisors certifying the City's compliance with the California Environmental Quality Act in preparing and adopting the Facts, Findings and Statement of Overriding Considerations, the Updated General Plan and the Arrowhead Springs Specific Plan. A copy of the Notice of Determination will be forwarded to the State Clearinghouse. 15 SECTION IX. EFFECTIVE DATE The adoption of the Facts, Findings and Statement of Overriding Considerations, the Updated General Plan and the Arrowhead Springs Specific Plan shall be effective immediately upon adoption of this Resolution. 16 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE FACTS, FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS, THE UPDATED GENERU PLAN AND THE ARROWHEAD SPRINGS SPECIFIC PLAN. [ HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held day of , 2005, by the following vote to wit: on the Council Members: Aves Navs Abstain Absent ESTRADA LONGVILLE MCGINNIS DERRY KELLEY JOHNSON MC CAMMACK Rachel G. Clark, City Clerk The foregoing resolution is hereby approved this day of November, 2005. Judith Valles, Mayor City of San Bernardino Approved as to form and Legal Content: By: James F. Penman City Attorney 17 EXHIBIT 4 ALFRED GOBAR ASSOCIATES F=lGiR -1-.1= __r.._J....J J--..J/ September 25, 2006 Ms. Terri Rahhal, City Planner CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT 300 North "0" Street San Bernardino, CA 92418 Sent Via Mail & Email: rahhaUe@sbcity.org Subject: Arrowhead Springs Resort Conference and Meeting Center Dear Ms. Rahhal: Alfred Gobar Associates conducted an assessment of resort-based conference and meeting facilities to determine the relative importance of providing an on-site golf-course as an integral component of the Arrowhead Springs Resort. This assessment and related findings reflect professional experience and knowledge gathered from the following three areas: . Alfred Gobar Associates-In-house experience evaluating market potential for resorts and meeting facilities throughout the United States and Mexico. . Industry/Trade Associations-Meeting industry organizations responsible for tracking industry trends and aiding industry professionals (meeting planners, conference center venues, hotel/resort operators, etc.) to better serve the meeting and convention needs of association and business groups. . Southern California Resort-Based Meeting Facility and Golf Operators-Meeting facility sales managers, golf reservation specialists, and other professionals at inland Southern California venues responsible for marketing meeting facilities ranging in size from 10,000 to 50,000 square feet. Distinct knowledge sources are considered in order to provide the City of San Bernardino with a full-range perspective about the relative importance of providing an on-site golf recreation amenity in conjunction with meeting functions aimed at furthering business objectives. Executive Summary . The meeting industry contributes more than $122 billion to the U.S. Economy and resort hotel/conference centers account for roughly 40% of scheduled meeting budgets controlled by professional meeting planners. Arrowhead Springs and other resort conference centers are expected to compete most directly for management, sales, incentive, and education/training meeting activity, which accounts for 86% of meeting activity reported by meeting planners [Successful Meetings Magazine-2005 State of the Industry (SM)]. These type meeting events last an average of 2.3 to 2.6 days compared to conventions meetings, 300 S. Harbor Blvd.. Suite 900. Anaheim, CA 92805-3721 (714) 772-8900 FAX (714) 772-8911 ALFRED GOBAR ASSOCIATES Ms. Terri Rahhal September 2S, 2006 Page 2 which last an average of 3.7 days but require substantially larger meeting venues in general. . Meeting planners have increased their focus on the overall meeting experience offered and the marketability of the event when selecting a meeting venue to schedule events (SM). The availability of on-site amenities that provide for a broad-based meeting experience is very important to meeting planners. In terms of an overall scheduling experience, 43% of meeting planners report scheduling a golf function as an integral part of their annually scheduled meeting events [Convene Magazine-200S Meetings Market Survey (PCMA)]. . The proposed renovation will include 25,000 square feet of new meeting space in addition to 11,000 square feet preserved in the historic hotel structure. This size meeting facility will be one of the larger meeting venues in San Bernardino County and cannot rely strictly on meeting activity demanded by County-based organizations. A competitive meeting program will need to draw year-round support from organizations throughout California and seasonal support from cold- weather States and Canada. This level of market orientation dictates a high proportion of multi-day meeting events and focus on providing a broad-based meeting experience to organizations and attendees. . The Arrowhead Springs Resort is expected to compete with other inland Southem California conference resorts offering a broad-based meeting experience. As the summary in Exhibit A shows, organized play on an on-site golf course is an integral part of the business experience for 40% to 70% of meeting attendees at a resort conference center. Meeting facility sales managers identify availability and access to an on-site golf course. as a very important element in attracting scheduled meeting activity. At a minimum, an on-site golf course is pivotal in attracting 33% to 40% of scheduled meeting events held at resort conference venues. Without a quality on-site golf course, the Arrowhead Springs Resort conference center will be at a significant competitive disadvantage to comparable resort conference centers in the inland areas of Southern California. Professional Observations of Alfred Gobar Associates The Arrowhead Springs Specific Plan is very similar to a master plan resort because it includes a broad mix of residential, commercial, leisure, and recreation activities that largely exist in a self-contained environment, yet remain accessible to the public. In the course of our research, we have evaluated similar programs along the Kona Coast in Hawaii; Coachella Valley in California, Lake Conroe in Texas, Los Cabos Pennisula in Mexico, and other locations. A fundamental strategy to market and develop such a large-scale development program is to create a strong site identity. Consequently, it is necessary to provide a diverse mix of land use that offers the vast majority of activities that visitors and guests will demand while staying at the property. The historic hotel renovation and expansion is the core identity of the project-hence the name Arrowhead Springs Resort. It must be noted, the site is not within a busy downtown business district, not adjacent to an existing convention center, not adjacent A,RROWHEAD SPRINGS CONFERENCE CENTER 9.25.06 DOC ALFRED GOBAR ASSOCIATES Ms. Terri Rahhal September 25, 2006 Page 3 to an international airport, and is not within a visitor destination complex (San Diego Gas Lamp Quarter, Pier 39, Disney Resort, etc.). The hotel was originally built as a remote getaway retreat and remains relatively isolated. The remoteness of the site dictates a visitor experience that entails substantially more than just quality sleeping accommodations in a historic structure. An abundant supply of convenient lodging options exists throughout the Inland Empire. The market attraction of lodging at the Arrowhead Springs site is tied to a broader vacation and business experience. A competitive renovation program cannot be limited to the existing 135-room capacity of the historic structure. Renovation is costly and drives the need to increase overall lodging capacity (175+ additional rooms plus new 300-room hotel). To attract sufficient lodging support for 300 to 600 rooms at the Arrowhead Springs site, it is necessary to provide a complement of activities to satisfy diverse user requirements. The envisioned scale of on-site lodging dictates a robust complement of on-site dining, meeting, leisure, and recreation facilities readily available and integral to the vacation and business experience offered prospective visitors. The renovation program will include 25,000 square feet of new meeting and conference space plus 11.000 square feet of meeting space in the historical hotel. The conference center will be among the largest in San Bernardino County, outside the Ontario Convention Center, Orange Show Facility, and a select number of airport hotels. The Arrowhead Springs Resort Conference Center can be expected to compete most directly for meeting and conference events versus trade and exhibition events. The geographic market focus, however, cannot be limited to County-based organizations but must also include year-round support from organizations throughout California and seasonal support from cold-weather States and Canada. A competitive meeting program will involve a high proportion of multi-day events, which increases the need for on-site leisure and recreation activities, including golf play, as part of an overall business experience that is comparable to other Southern California conference resort facilities. Meeting Event Industry Trends The meeting industry contributes more than $122 billion to the U.S. economy [Meeting Planners International (MPI)-Future Watch 2006]. Meeting planners provide a key resource to evaluate industry trends since they are the lead professionals involved in selecting meeting and exhibit venues on behalf of associations, trade groups, corporations, and other organizations. According to MPI, resort hotel/conference centers are a venue of choice among meeting planners and account for nearly 40% of reported planning budget activity. Other types of venues commonly selected to host meeting events include convention centers, standalone hotels, and restaurant/banquet/country club facilities. The Arrowhead Springs site is expected to compete with other venues for meeting activity as a resort hotel/conference center. The scale of the Arrowhead Springs Conference Center is expected to compete rnost directly for management. sales, incentive, and training/education meetings, which account for 86% of all sCheduled meeting activity reported by meeting planners [Successful Meetings (SM)-2005 State of the Industry Report]. Conventions account for 14% of scheduled meeting activity. Based on multi-year reporting data from SM, ARROWHEAD SPRINGS CONFERENCE CENTER 9-25-06 DOC ALFRED GOBAR ASSOCIATES Ms. Terri Rahhal September 25, 2006 Page 4 average attendance at non-convention meetings ranged from 67 to 165 attendees compared to 1,422 attendees at convention meetings. Also, non-convention meetings last an average of 2.3 to 2.6 days, compared to 3.7 days on average for conventions. The Arrowhead Springs Resort is expected to compete most directly for modest to mid- size meeting events lasting 2 to 3 days. Targeting multi-day meeting activity dictates the availability of multiple on-site leisure and recreation options for sponsor organizations and attendees. According to the Professional Convention Managers Association (PCMA), individual meeting planners schedule an average of 12 meetings per year and 43% of meeting planners report that 1 or more meetings per year involves a golf function directly tied to the meeting event. Meeting planners generally represent a single or select number of meeting groups, while meeting venue operators must interact with hundreds of meeting planners in a given year. According to SM [2005 State of the Industry Report], meeting planners are increasingly focused on the overall meeting experience and marketability of the event. The availability of on-site amenities is very important to many independent meeting planners, whether or not attendee use of such amenities is integral to the meeting event. From a competitive standpoint, the business experience offered at the Arrowhead Springs Conference Center must be comparable to the experience available at other comparable Southern California Resort Conference Centers. The Arrowhead Springs site is a historic location but is not part of a readily recognized destination area, such as the Coachella Valley or San Diego. Southern California Resort Conference Center Trends Meeting space and golf course sales managers at a number of Southern California Resort Conference Centers were contacted to determine the role of an on-site golf course in attracting and selling meeting activity at each respective venue. The information describing those conference resorts contacted is summarized in Exhibit A. The listed resorts were selected because they are comparable to the planned Arrowhead Springs Resort Conference Center in terms of their inland Southern California location, number of hotel rooms available to host meeting attendees, type of business meeting experience offered to meeting planners, and amount of meeting space offered. Identified conference centers also describe alternative venues that will compete with the Arrowhead Springs Resort for scheduled meeting activity. Exhibit A also identifies the importance of an on-site golf course as indicated by sales managers responsible for booking meeting events and golf play. Sales managers estimate that 50% to 90% of resort conference meeting activity involves multi-day events. The Pacific Palms Resort at Industry Hills indicated the lowest share of multi- day meeting events due to its proximity to a large industrial complex generating demand for 1-day training events. Between 40% and 80% of scheduled meetings include organized golf playas part of the meeting program-either as a group event or tournament event but excluding individual play not part of the formal meeting function. Due to the large proportion of 1-day meeting events, the Industry Hills conference resort reported the lowest incidence of scheduled golf playas part of the meeting event (40%). Methods used to identify meeting attendee participation in organized golf play vary. The Industry Hills resort indicates that 45% to 60% of attendees participate when a meeting- ARROWHEAD SPRINGS CONFERENCE CENTER 9-25-06 DOC ALFRED GOBAR ASSOCIATES Ms. Terri Rahhal September 25, 2006 Page 5 related golf event is organized. The Rancho Bernardo Inn golf manager schedules over 300 meeting-related golf tourneys per year (as distinct from group play) with 24 to 60 meeting attendees participating in each event. Overall, facility managers estimate that 40% to 70% of meeting attendees play at the resort golf course during their stay. Industry trends indicate that at least 43% of meeting events scheduled in all types of meeting venues includes organized golf play, while Southern California conference resort managers suggest meeting-related golf play is integral to a significantly larger share of scheduled meeting activity. These observations underscore strong preference by meeting planners for meeting venues that offer an overall meeting experience. Without a quality on-site golf course, the Arrowhead Springs Resort Conference Center will be at a significant competitive disadvantage to comparable resort conference centers in the inland areas of Southern California. Exhibit A also qualifies the importance of a resort conference center in generating rounds of play on the resort course. Meeting-related play is estimated to account for 15% to 35% of total rounds of play at conference resort courses. The actual level of play appears related to the overall size of the resort conference meeting venue and related schedule activity. Meeting-related play only accounts for 15% or less than 7,000 rounds of play at the Ojai I nn and Spa, which offers a relatively limited quantity and mix of meeting space. Southern California conference resorts with at least 20,000 square feet of indoor meeting space tend to generate a greater share of overall golf play activity ranging from 30% to 35%, or in excess of 20,000 rounds per year. The Arrowhead Springs Resort is planned include a new 25,000-square-foot conference center with another 11,000 square feet of meeting space available in the historic hotel. We appreciate the opportunity to provide you knowledge and insights gathered from recognized industry resources and professionals competing in the Southern California meeting market place. For your benefit, we have attached a brief summary of our qualifications, including a personal resume. Sincerely, ALFRED GOBAR ASSOCIATES /;;' ,_///7 / ./;,/ . / ~//' ,,:>.c..r~t1-. ~/<c~_~_ /;- ." Alonzo Pedrin Principal (714) 772-8900 x310 AP Encl. cc: John.Nolan@greshamsavage.com ARROWHEAD SPRINGS CONFERENCE CENTER 9.25.06 DOC EXHIBIT A COMPETING INLAND SOUTHERN CALIFORNIA RESORT-CONFERENCE CENTERS ARROWHEAD SPRINGS RESORT, SAN BERNARDINO Pacific Palms Hyatt Grand The Grand Dei Arrowhead Conference Rancho Champions Ojai Valley Spa Mar Springs Resort Facility Descnption Resort Bernardo Inn Resort and Inn (U.C.) (Project) Resort LocatIon Industy Rancho Indian Wells Ojai Del Mar San Bernardo Bernardino Resort Property Size of Property (Ac) 650 265 235 220 226 263 Miles From Major Airport 33 20 15 60 15 15 Airport Facility LA-Int'I San Diego-lnt'l Palm Spgs-lnt'l LA-Int'I San Dlego-Int'l Ontario-tnt'1 Hotel Lodging No. of Rooms 292 287 480 308 261 300 - 600 Listed Rates $110-$1,200 $170-$1,400 $110-$4,000 $400-$5,400 n.a. n.a. Architectural Style Contemp. Spanish-Med Contemp. Historical Spanish-Med Historical Meeting Facilities Indoor Space (Sq Ft) 45,000 24,265 40,000 11,000 15,200 25,000 Largest (Sq Ft) 12,700 10,160 20,000 6,000 9,830 n.a. Function/Meeting Areas 25 10 26 5 6 n.a. Full-Svc Business Center Yes Yes Yes Yes Yes n.a. On~Site Recreation Amenities Golf Course 36-H 18-H 36-H 18-H 18-H 18-H Tennis Courts 17 -Lighted 12-Lighted 3-Lighted 4-Lighted 2-Lighted n.a. Spa Facility U.C.-2007 Full-Service Full-Service Full-Service Full-Service Full-Service Fitness Center Yes Yes Yes Yes Yes Yes Specialized EquesUHellport Resort Meeting Activity and Golf Play Share of Meeting Activity: MUltI-Day Events 33% 90% n.a. 80% n.a. n.a. Events w/Sched. Golf 40% 80% 50% 60% n.a. n.a. Attendees Playing Golf 50% 60% 40% 70% n.a. n.a. Meeting-Driven Golf Play Share of Annual Rounds 35% 30% 30% 15% n.a. n.a. Total Course Rounds 122,000 58,000 60,000 45,000 n.a. n.a. Source: Alfred Gobar Associates So Cal Conference Resons,xlsIResort Summary/9125/2006 STATEMENT OF QUALIFICATIONS FOR ALFRED GOBAR ASSOCIATES RGiR --.J~_ -3~-.-J J~./ ALFRED GOBAR ASSOCIATES 300 S. Harbor Boulevard. Suite 900, Anaheim. CA 92805-3721 (714) 772-8900 FAX (714) 772-8911 ALFRED GOBAR ASSOCIATES Alfred Gobar Associates Company Background and Qualifications Alfred Gobar Associates has provided economic, market, and development analysis in Southern California and throughout the United States for nearly 30 years. We have extensive experience evaluating development potential for retail, office, industrial, hotel, residential, and specialized recreation projects. Our clients include private developers, investors, and businesses generally concerned with project feasibility at a site-specific location; lending institutions concerned with areawide market conditions and trends; and pubiic agencies concerned with the influence of market opportunities and constraints on desired implementation programs and policies. The firm's methodology and analytical approach focuses on project and land use potential in terms of trade area market conditions and trends. absorption potential at the site location, supportable land value, development strategies for exploiting market opportunities and the investment outlook from the perspective of the client's required rate of return. Our methodology and approach is often applied to highest and best use studies by evaluating the study location against alternative markets separately and in combination. Our work approach is efficient, cost-effective, and entails the use of a small, highly skilled research staff of less than 10 employees. Our consulting strategy is to maintain a staff of senior-level analysts with the knowledge and ability to achieve a high level of work efficiency and respond directly to client needs. The company operating approach reflects a basic philosophy of the firm: providing accurate and defensible real estate economic. urban economic, statistical and financial analysis is best achieved with a cohesive core of experienced analysts. Alfred Gobar Associates has achieved and continues to maintain the company philosophy by providing accurate, cost-effective analysis for numerous kinds of study and client needs. Noted below is the average number of studies we have provided annually for the past five years requiring different levels of data base, statistical, field research, and empirical analysis throughout the United States: General Cate 0 Housing Office Industrial Hotel/Motel Retail Recreation Fiscal Financial/Economic/Special Purpose Average Annual Studies Com leted 61 7 7 1 14 5 9 ~ Average Annual Number of Studies 119 Housing Qualifications ALFRED GOBAR ASSOCIATES Alfred Gobar Associates has been involved in housing market analyses since 1968 and has pioneered development of econometric techniques applicable to housing market analysis. For a number of years, Dr. Gobar was a contributing editor to HousinQ MaQazine and has since contributed to Builder. Staff members are regular speakers at local, regional, and national housing industry meetings and conventions. A partial list of the firm's builder clients include: Akins Beazer Homes Brookfield Homes Catellus Residential Centex Homes Christopher Homes Citicorp Communities Southwest CPH (Capital Pacific Homes) Del Webb Diversified Pacific Development Corp. EA Platt & Company, Inc. Engle Homes Fieldstone Friendswood Development Greystone Homes Hans Hagen Homes Hansen & Horn Group, Inc. John Kavanagh Company John Laing HomeslWL Homes K. Hovnanian Companies Kaufman and Broad Larwin Lennar Homes Lewis Homes Lincoln Properties Manning Homes Mercedes Homes Mission Viejo Company/Shea Homes Pacific Scene Polygon Development Ponderosa Pulte Homes Rancho Mission Viejo Company Santa Clara Development Santa Margarita Company Shapell Signal Landmark Signature Quality Built Homes Standard Pacific Corporation Taylor Woodrow Homes The Eastlake Company The Irvine Company/Community Dev. . The KolI Company The Lusk Companies The Presley Company The Valencia Corporation Trimark Pacific Homes Unocal William Lyon Development Company Financial institutions for which Alfred Gobar Associates has conducted housing-related studies include: . Bank of America First Western Savings and Loan of Las Vegas Glendale Federal Savings and Loan Home Savings Pacific Western National Bank Wells Fargo Bank Retail Qualifications Alfred Gobar Associates (originally Darley-Gobar Associates. Inc.) pioneered the development of mathematically-based models for retail site selection. preparing nationwide site selection strategies for a number of chains including A & W International. 2 ALFRED GOBAR ASSOCIATES Betty Crocker Pie Shops, Burger Chef, Carl Karcher Enterprises, Collins Foods International, Denny's restaurants, Dunkin' Donuts, Farrell's Ice Cream Parlors, Jack in the Box, Jolly Roger restaurants, Orange Julius, Pizza Hut, Sir George's Smorgasbord, etc. Supermarket chains for which Alfred Gobar Associates has prepared development strategies and individual project feasibility analyses include Albertson's, Arden Mayfair, Big Bear Markets, Bradshaws, EI Rancho markets, Food Giant, Vons, Stater Bros., Hughes, Gelsons, Mothers and others. The company has also been retained to prepare retail site feasibility analyses for Atlantic Richfield Company, Exxon, Fotomat, Gulf Oil, Sav-On, Walker Scott department stores, West Brothers department stores, 7-11, Tic Toc Convenience Markets, and such shopping center developers as Newman Properties, E.W. Hahn Corporation, Beneficiai Standard Properties, the Janss Corporation, Pacific Mutual Life Insurance Company, Chevron Land and Development Company, Getty Oil, Huntington Beach Company, Donahue Schriber Company, SDC, Western Commercial Development Company, Diversified Shopping Centers, Crossroads Development Company, Trammel Crow, Homart, and a large number of smaller shopping center development entities. The company also prepares retail market studies on behalf of Cities and Redevelopment Agencies seeking to negotiate development agreements, formulate land use policies to stimulate private investment, or formulate programs that focus on target locations where strong potential is indicated but existing conditions restrict private-market investment. A number of local agencies for which we have recently identified site development potential include City of La Habra, City of Fountain Valley, City of Costa Mesa, City of Cathedral City, City of Hanford, and City of Lake Forest. Hotel/Motel Qualifications Alfred Gobar Associates is not as well known for hotel market feasibility studies as for retail, office, industrial, and housing studies. We have, however, conducted these types of studies for over 30 years and have prepared hotel feasibility studies for The Wrather Corporation, TraveLodge, Royal Inns, DoubleTree Inns, Christopher D. Sickels Associates. Inc., The Lusk Companies, Vacation Village Hotel, All Seasons Inns, and many individual investors and operators. Office and Industrial Qualifications Our experience in terms of office and industrial market analysis includes application of statistical and conventional research techniques to separate and mixed-use projects for such clients as The Irvine Company, Mission Viejo Company, Union Bank, Chevron Land and Development Company, Huntington Beach Company, Lincoln Properties, Beneficial Standard Properties, Pacific Mutual Life Insurance Company, Christeson Development Company, Larwin, SDC, Shapell, Transwestern Commercial Services, Linpro, Catellus, Watson Land Company, The Carson Companies, Overton-Moore Associates, Edward Properties, CT Capital, Shea Properties, Turner Development, etc. Financial Qualifications Staff members at Alfred Gobar Associates have substantial experience and training in quantitative methods of financial analysis. For nearly 20 years, Dr. Gobar was a professor of finance in the graduate schools of business at the University of Southern 3 ALFRED GOBAR ASSOCIATES California and at the California State University campuses in Los Angeles and Fullerton. A significant part of his teaching load related to courses in quantitative financial analysis techniques. Fiscal Qualifications Alfred Gobar Associates has prepared fiscal impact analyses for numerous site-specific development projects and for government planning programs evaluating land use development policy alternatives. In addition, Alfred Gobar Associates has been retained by County-level governments to evaluate fiscal effects resulting from operation of government-owned facilities such as golf courses, marinas, museums, etc. A list of recent clients for which fiscal impact studies have been prepared includes the County of Riverside, County of Kern, County of Ventura, California State Department of Transportation (CAL TRANS), County of Orange Environmental Management Agency, Orange County Flood Control District, Fountain Valley Redevelopment Agency, City of Escondido, City of Yorba Linda, City of Brea, City of Chula Vista, City of National City, City of Rialto, City of Placentia, City of West Covina, City of Indio, City of La Habra, Diversified Shopping Centers, ICI Development, Santa Margarita Company, Irvine Company, Tejon Ranch, Ranpac Engineering, Standard Pacific, Greystone Homes, Makar Properties. Charles W. Poss, Sun land Housing Group, Capital Pacific Holdings, and others. Recreational Qualifications Alfred Gobar Associates has conducted many recreational use and facility feasibility studies in California and the United States on an ongoing basis for over 30 years. Completed recreationai studies cover a wide spectrum of uses including economic feasibility studies for Jack Murphy Stadium in San Diego; proposed expansion of Shea Stadium in New York; Vacation Village Resort Hotel in Mission Bay; Channel Islands National Monument Visitor Center in Ventura; public softball complex in Santa Maria; several off-highway vehicle parks throughout the State of California; thoroughbred race track facility in Coeur D'Alene. Idaho; equestrian center with televised betting and quarter horse racing in Riverside County; Civic and Cultural Center in Escondido; expansion of the Mason Regional Park Public Golf Course in Irvine; expansion of the Orange County Marine Institute in Dana Point; renovation and upgrades to Mayflower Park in Blythe, California; public zoo and aquarium projects in Edmonton Alberta, Canada; Fleet Planetarium and IMAX projection system for Balboa Park in San Diego; and numerous other projects. In addition, Alfred Gobar Associates has done extensive work in the area of recreational use and facility planning including participation in the Dana Point Harbor Master Plan Assessment, Ten-Year Master Plan for Riverside Regional Parks, Casino and recreational use facility studies for the Morongo Indians, Recreation and Parks Master Plans for the Cities of Corona, Laguna Hills, Diamond Bar, Murrieta. Rancho Mirage, Temecula, Upland, Mission Viejo, Upland, and others. Recent Related Projects Paqeant of the Masters/Festival of Arts-Two independent investigations were conducted during 2000 and 2001 to assess the economic impact of an ongoing, seasonal arts festival in Laguna Beach, California. Each investigation attempted to identify total direct and indirect spending and total indirect audience spending generated 4 ALFRED GOBAR ASSOCIATES during the 50+ day event. Adjoining beach communities were used as a benchmark to evaluate "normal" increases/decreases in various revenue categories-transient occupancy tax, retail sales tax (particularly for eating and drinking establishments}-over the same operating period to identify revenue increases directly/indirectly tied to PageanUFestival attendees. Fullerton Plaza Railwav Museum-A market and development feasibility study for a 40.000-square-foot museum adjacent to the historic Santa Fe Depot in Downtown Fullerton. The study identified the space requirements, visitor attendance, and operating performance of a contemporary museum operation. The study approach focused on precedent operating performance and market penetration describing a number of analogous museums in Colorado, Washington, and Califomia. Selected factors evaluated included floor space requirements, functional space allocation, rolling stock exhibits, admission pricing, geographic distribution of visitor origin, attendance composition, staffing ratios, volunteer support, and fixed and variable expense requirements. Alternative operating scenarios were formulated based on conservative and optimistic interpretations about the level of effective market penetration and key revenue and operating components. In addition, market support and performance potential for a meeting facility and specialty retail venue constructed as an integral component of the museum was also evaluated to determine if synergistic opportunities to increase the attraction of Fullerton Railway Plaza as a regional destination. Finally, a series of five-year development and operating pro forma were formulated to determine the level of operating and construction cost subsidy that may be required to sustain the overall development program. Leo Fender Music Museum-A 2001 market feasibility study to determine probable market support, space requirements, and operating performance of a dedicated music museum to be operated as an expansion facility of Fullerton Museum Center. The museum expansion is contemplated to showcase diverse sound innovation by Leo Fender and the corresponding influence on popular musicians, music culture, and concurrent events taking place the United States. Study evaluated the operating performance of several music museum venues throughout the United States in order to determine precedent limits of market support, operating performance, scope of facilities, exhibition and education programming, and related operating requirements that should be realistically anticipated. Special attention directed to range of operating Objectives (exhibition, education, research) that should be emphasized and corresponding staffing, volunteer, and revenue support. A series of operating pro forma were prepared based on a recommended operating objective, corresponding facility and operating requirements, probable limits of operating support, and projected capital and recurring funding support required from external sources. Oranqe Countv Fair and EXDosition Center-A 2002 economic analysis of the Fair and Exposition Center. The study involved a detailed budget level of analysis with respect to a full spectrum of existing fair and non-fair programming activity at the 148-acre facility. Analysis of the existing operation served to identify precedent revenue performance. expense requirements, and corresponding net benefit to the 32"" Agricultural District. Net benefit was evaluated with respect to the supply of land dedicated to interim and year-round activities as well as amount of year-round scheduling capacity utilized and corresponding event-day benefit generated. In support of a long-range master plan development effort, a diverse range of alternative programming activities (concert venue, grandstand arena and speedway, meeting and exhibition facilities, equestrian activity, 5 ALFRED GOSAR ASSOCIATES interpretive center, etc.) and space utilization scenarios were evaluated in the context of probable market support, revenue performance limits, and corresponding expense requirements in order to identify a plan alternative that will increase the level of public benefit and net operating performance of the Fairground facility. Las Veoas Performino Arts Center-A 1997 feasibility study on behalf of the Las Vegas Performing Arts Center Foundation. The foundation, primarily composed of hotel and casino owners, sought to determine probable attendance support from Las Vegas visitors and metro area residents for a state of the art performance venue scheduling Broadway caliber shows. The determination of support potential involved the design, execution, and analysis of random sample telephone interviews with metro area residents and face-to-face intercept surveys of visitors at Downtown and Strip location attractions. Empirical survey studies were supplemented by a secondary analysis of survey studies prepared by the National Endowment of the Arts, Las Vegas Visitors and Convention Bureau, and other sources evaluating leisure behavior, leisure participation, and leisure expenditure. Concurrent with the survey study, cultural performance groups throughout the Las Vegas metropolitan area were also interviewed with respect to current programming objectives, facility requirements, scale and nature of scheduled events, and local base of support. The analysis identified respective levels of probable support from Las Vegas visitors and residents and the corresponding event-day schedule warranted for distinct types cultural performance events. The analysis also identified the increment increase in room-night demand driven by projected event scheduling and the corresponding implication for a hotel tax financing vehicle to support identified capital and operating requirements of the performance venue. Oranoe Countv Natural Historv Museum-A 1993 feasibility study on behalf of the County of Orange to determine probable limits of market support, facility space requirements, mission objective, staffing, volunteer support, and other operating parameters for a prospective natural history museum within Orange County. Over twelve alternative site locations throughout the County were also evaluated with respect to complementary activities and land use that would improve the relative attraction and marketability of this cultural venue. Study involved an extensive investigation of natural history museum with programming budgets from less than $500,000 per year to more than $20.0 million per year. Operating component of analysis focused on breadth of disciplinary sciences represented or emphasized, scale of facilities utilized with respect to size of collection and visitor activity, functional design of facilities, disciplinary staffing requirements, location attributes, exhibition programmin9 and scheduling, revenue and expense budgets, etc. Market component of analysis focused on incidence of support based on scale of primary trade area served and related operating scope of museum facility. Study was utilized by Orange County Harbors, Beaches, and Parks to deterrnine scale of operation warranted based on probable incidence of support by County residents and probable level of capital facility and ongoing operating support that would likely be required if the County were to sponsor the development and operation of a natural history museum. MCAS Tustin Blimo Hanoar Alternative Use Analvsis-A 1997 analysis of cash flow requirements associated with ongoing maintenance and repair of one of the Blimp Hangars (Building 29) according to three re-use alternatives (movie studio, recreation warehouse, demolition/site conversion). Cost analysis based on extensive architectural and engineering assessment of hangar facility. Analysis identified annual funding requirements for unique architectural and engineering components of the hangar based 6 ALFRED GOBAR ASSOCIATES on alternative program cycles for repair and maintenance (extent and frequency of repair/maintenance). Repair and maintenance cost structure also evaluated in terms of the annualized equivalent funding requirement including and excluding a interest-bearing sinking fund designed to accrue sufficient funding when scheduled repair and maintenance is due. Directed cost analysis served to synthesize and present disparate components of a $900,000 hangar re-use study prepared for COMBCAB WEST, Department of Defense agency involved in evaluating re-use of MCAS Tustin. Escondido Civic and Cultural Center ComDlex-A market and financial feasibility analysis used to support design competition, sale of public financing instruments and construction of a civic center and cultural arts complex serving the Northern San Diego County inland area (approximately 600,000 population). Market analysis evaluated trade area support for a wide range of cultural activities including a large performing arts theatre (2,500+ seats), small performing arts theatre (300 seats max.), museum facility and assorted community/cultural venues. Analysis included survey of competitive facilities and event schedules, market performance pricing potential and overview of macro-economic trends in the museum and performing arts industries. Market analysis identified facility requirements (scope of improvements and capacity) needed to satisfy projected market demand. Financial analysis evaluated revenue-generating potential, operating cost requirements, and residual capacity to finance desired improvements. 7 ALFRED GOBAR ASSOCIATES Hourly Rate Schedule I Description Hourly L- Individual/Title of Res onsibilities Rate Dr. Aifred Gobar Pnmary Analysis and $250 Principal Presentation Alonzo Pedrin Project Coordination, Primary 120 Principal Analysis, Presentations, Research and Product Synthesis JimWoif Project Coordination, Primary 120 Principal Analysis, Presentations, Research and Product Synthesis Christine Coman Project Coordination, Primary 120 Independent Consultant Analysis, Presentations, Research and Product Synthesis Coreen Suzukida Data Research, Analysis 80 Senior Research Associate and Data Synthesis Stacy Ramsey Data Research, Systems Analysis 80 Independent Consultant and Information Technology Michael Saeedi Data Research, Analysis 80 Senior Research Associate and Synthesis, Systems Operations David Wood Data Research, Analysis 65 Research Associate and Synthesis, Systems Operations Ryan Early Data Research, Analysis 65 Research Associate and Synthesis, Systems Operations Other Field Staff Field Data Collection 50 Administrative Staff Word Processing, Report 55 Preparation 8 ALFRED GOBAR ASSOC IA TES Alonzo Pedrin POSITION: Principal EDUCATION: CalifDrnia State Polytechnic University, PDmona, 1980 B.S.-Urban and Regional Planning Minor-Economics University of CalifDrnia, Irvine, 1995 Master Df Business Administration (Emphasis in Real Estate Finance and Marketing) AREAS OF EXPERTISE AND EXPERIENCE: Mr. Pedrin is a managing principal of the firm. He has served as project manager and senior research analyst for numerous private and public sector studies completed by Alfred Gobar AssDciates since 1986. Project management capabilities include research design, project scheduling and coordination, client interface, staff-level meetings, and public presentations. Mr. Pedrin's technical capabilities have been applied extensively to fiscal impact studies and market feasibility studies directed tD retail, housing, office, recreational, and specialized land use development. The diversity of specialized studies in which Mr. Pedrin has served as lead analyst includes highest and best use studies, financial optimization studies, resort housing studies in the US and Mexico, loft housing, performing arts theaters, museums, convention and exhibition centers, sports parks, RV. campgrounds, equestrian centers, off-highway vehicle parks, auto centers, day care centers, private high schools, outlet centers, power retail centers, and marina facilities. Finally, Mr. Pedrin serves as the principal in-charge for most public sector studies requiring economic scrutiny of aevelopment and redevelopment strategies, general plan policies, recreation ventures, and the fiscal impact Df real estate development. Prior to joining Alfred Gobar Associates, Mr. Pedrin worked extensively in the field of redevelopment. environmental impact analysis and general plan adoption as a project manager for a private consulting group. Mr. Pedrin also served in the public sector, working four years in the Community Development Department of the City of Pomona and City of West Covina. While in public service, Mr. Pedrin coordinated the City's development review processes, analyzed development applications, and presented recommendations to the Planning Commission. Mr. Pedrin was also involved in the formulation of policies related to development standards and land use regulation. MEMBERSHIPS AND QUALIFICATIONS: Urban Land Institute-Orange County Chapter Cal Poly. Pomona-Urban and Regional Planning Alumni Association University of California, Irvine-Graduate School of Management Alumni Association STATEMENT OF OuAlIFICA nONS 9-0600c 9