Loading...
HomeMy WebLinkAbout40-Planning . \. , '4 -.-----. CITY OF SAN BERNARDINO POST OFFICE BOX 131B. SAN BERNARDINO. CALIFORNIA 92402 ---,.."... SHAUNA CLARK CITY CLERK December 9, 1987 Dennis Martin P.O. Box 6000-333 Palm Desert, CA 92261 Dear Mr. Martin: At the meeting of the Mayor and Common Council held on December 7, 1987, your appeal was granted, and the decision of the Planning Commission for Conditional Use Permit 87-5 was reversed. Conditional Use Permit No. 87-5 is for the construction of a 224 unit apartment complex located on the north side of Highland Avenue approximately 1200 feet west of Boulder. The Conditional Use Permit was granted subject to the conditions and standard requirements set forth by the Planning Department staff report enclosed, and subject to the following additional condition: Prior to the commencement of development of the project. applicant shall fund a review of the project area by the Planning Department for any species currently on the endangered species list. Applicant shall take actions to protect any such species as determined by the Planning Department. Applicant shall have the right to appeal the reasonableness of such determinations to the Mayor and Common Council. The Council's decision positive findings of fact. also adopted. of approval was based on the A negative declaration was 300 NORTH "0" STREET. SAN BERNARDINO, CALIFORNIA 92418.()121 PHONE (7141384-5002/384-5102 l/i,f ""- , "'- SC:re cc: - "...... '- / .." --...I Sincerely, ~"'A//l,}/>' ,a.l'&;. <:or 'tC.a€--~ ~u:;'/U,.;-~'''V . HAUNA CLARK City Clerk City Administrator Public Works/Engineer Fire Department Park, Recreati,~,:Y & Community Jack Strickler~' Planning Highland Hills Property Highland Hills Gateway Highland Council County Board of Supervisors \ Services - ~ "'" /"""'\ '-' /', Ulll'J \:) L:, U 'CJ LSJ~ DEe 041931 I ,/, -...) Office of the Chief Regulatory Branch CITY PLANNING DEPAtlTMENT SAN BElltIAFlOiNO, CA 02 DEe 19B? Dennis A. Martin P.O. Box 6000-333 Palm Desert, California 92261 Dear Mr. Martin: It has come to our attention that you are proposing to work in City Creek. Cook Canyon Creek, and their adjacent wetlands near the city of San Bernardino, San Bernardino County, California. The proposed project is a 224-unit apartment development located on the north side of Highland Avenue approximately 1,200 feet east of Boulder, city of San Bernardino Conditional Use Permit 87-5. It appears that your project would involve the discharge of dredged or fill material into a water of the United States. Therefore, the Corps of Engineers has jurisdiction over the activity under Section 404 of the Clean Water Act. Under normal circumstances, an "individual" permit would be r~quired. However, your project is located above the "headwaters" (as defined by the Corps regulatory program) and, therefore, !!!2.Y. qualify for a "nation~lide" permit. The following paragraphS explain the circumstances under which either an "individual" or "nationwide" permit would apply. If the discharge would cause the loss or substantial adverse modification of less than lacre of waters of the United States, including wetlands, then the activity would be covered by the nationwide permit for activities above the headwaters. As long as the nationwide permit conditions (see enclosure) were complied with, an individual permit would not be required. If the discharge would involve the loss or substantial adverse modification of 1 to lO acres of waters of the United States, including adjacent wetlands, then the nationwide permit may not apply. Work cannot begin until the permittee is notified by the Corps that the work may proceed under the nationwide permit. To determine if an individual permit would be required, the Corps must be notified of the following information: a. Name, address, and phone number of the permittee; b. Location of the planned work; ~".t -1/ "16ft 11 , r ..._................_11 !.;lll. l"1li1 _ l~ _~, ~~"',_JIl:l ,-e..rx~~']!%_--..,.~.-.:..~,.....~ _Jlf,....'V,;".\.':')..':".,~~-~,{:{"j~-,.~~:; I - - -" -., , ....",,;1 '-" -2- ... c. Brief description of the proposed work, its purpose, and the approximate size of the waters, including wetlands, which would be lost or substantially adversely modified as a result of the work; and d. Any specific information required by the nationwide permit and any other information that the permittee believes is appropriate. Within 20 days of recei pt of the. recei pt of your information, in writing, the Corps will inform you that. either an individual permit is required or the activity may proceed under the nationwide permit. If the activity would involve the loss or substantial adverse modification of lO acres or more of waters of the United States, including adjacent wetlands, then the activity would not qualify for a nationwide permit, and authorization by individual permit would be required. An individual permit application form and an instruction booklet are enclosed for your convenience. Under Section 30l of the Clean Water Act (33 U.S.C., Sec. l31l) and Corps regulations promulgated pursuant thereto, the discharge of dredged or fill material into waters of the United Stat~ js unlawful unless such discharge has been specifically authorized pursuant to Section 404 of the Act by the Secretary of the Army through a Corps of Engineers permit. The potential penalties for violation of this section include a maximum criminal fine of $50,000 per day and imprisonment for up to three years. In addition, a maximum civil penalty of $25,000 per day of violation may be imposed (33 U.S.C. Sec. 1319). If you have ani questions, please contact Larry Smith, Re9ul~tory Branch, at (213) 894-5606. In addition, please note that a copy of this letter is being forwarded to the agencies on the enclosed list. Thank you for your cooperation with our permit program. Sincerely, Charl es H. Hol t Chief, Regulatory Branch Enclosures - - - Jl . T- " c o " , " I tt ;. !;' Copies are being forwarded to: ~City of San Bernardino ATTENTION: Edward Gundy 300 North D Street, 3rd Floor San Bernardino, California 92418 f U.S. Fish and Wildlife Service Ecological Services 24000 Avila Road Laguna Niguel, California 92677 U.S. Environmental Protection Agency Regional 404 Coordinator Federal Activities Branch (P-5) 215 Fremont Street Sad Francisco, California 94105 California Department of Fish and Game Region 5 245 West Broadway Long Beach, California 90802 , ,,) -<'- , ..... ..,.'. ? ~, CI'C' OF SAN BERNARD()) - REQUO FOR COUNCIL AC' ~ joN From: R. Ann Siracusa Director of Planning Dept: Planning S b' . Appeal of Conditional Use Permit R8C'n...~Mtli!eih;, No. 87-5 \%1 NG'J 2i.f Ni, J n;J':1ayor and Council Meeting of "December 7, 1987, 2:00 p.m. Date: November 20, 1987 I"~ Synopsis of Previous Council action: Previous Planning Commission action: Conditional Use Permit No. 87-5, to construct a 224 unit apartment complex within the Planned Residential Development zoning district of the Highland Hills Specific Plan, was denied by the Planning Commission on November l7, 1987. Vote: 5-4, No absentees Recommended motion: To deny the appeal and deny Conditional Use Permit No. 87-5. ~a~ Signature R. Ann Siracus Supporting data attached: R. Ann Siracusa Staff Report Phone: 3R4-5357 4 Contact person: Ward: FUNDING REQUIREMENTS: Amount: Source: Finance: Council Notes: 75-0262 Agenda Item No, fCJ ~ CI(:{ OF SAN BERNARD~ - REQUM FOR COUNCIL ACtiON STAFF REPORT Subject: Appeal of Conditional Use Permit No. 87-5 Mayor and Council Meeting of December 7, 1987 REQUEST To construct a 224 unit apartment complex on 14.1 acres on the north side of Highland Avenue, approximately 1,200 feet east of Boulder Avenue within the Highland Hills Specific Plan. BACKGROUND On October 8, 1987 the Environmental Review Committee, following the review of the Initial Study prepared by staff, recommended a Negative Declaration be adopted for Conditional Use Permit No. 87-5. The Initial Study was made available for public review and comment. At the Planning Commission meeting of November 4, 1987 after a presentation by staff, statements by the applicant and testimony from the public were heard. Several concerns were addressed during this public hearing. The public hearing was closed and the item was continued to the Planning Commission meeting of November 17, 1987, in that responses to comments received during public review were not available. On November 17, the concerns were addressed in a supplement to the original staff report and the Commission discussed them. The applicant was given an opportunity to respond to the conditions of approval. The applicant, Mr. Dennis Martin, stated that he objected to conditions regarding the reduction of the units to 198 from the proposed 224 to comply with the density allotted under the Specific Plan. He also objected to the condition regarding the provision of a bridge across Cook Canyon Creek for secondary access, as required by the Fire Chief. Following the discussion Permit No. 87-5 was denied Page 4). of the project, Conditional Use on a 5-4 vote (see Attachment B, On November 18, 1987, the applicant, Mr. Dennis Martin, presented a letter of appeal to the City of San Bernardino requesting the Mayor and Common Council to approve Condi- tional Use Permit No. 87-5 (Attachment A, Page 3). Details of the project reports, Attachment C, are contained in the attached staff Page 6, dated November 17, 1987; //-(j.o-1f7 I 75-0264 '-' '--' " ) c. r"", FlE.e'D. - AG:Htlf. 9ff. n07 NJV I 9 P:I 12 ,3 ;riff November 13, 1987 HONORABLE MAYOR AND COMMON COUNCIL CITY OF SAN BERNARDINO 300 NORTH "D" STREET SAN BERNARDINO, CA 92418 RE: Conditional Use Permit No. 87-47 Highland Hills Project Now that we are neighboring cities, and it is our mutual desire to serve all of the constituents of both cities, it is time we start working together. We are very concerned about the Highland Hills Project which went before the Planning Commission on November 4, 1987, and will be before the City Council on December 7. In reviewing the City's EIR for this project we have some very serious concerns which we wish to address: The project in many substantial ways differs from the Specific Plan and EIR that were adopted in 1982. The Specific Plan designated the area to be developed with townhouses and single family residences. ' Mitigation measures for flooding and fire abatement addressed in the EIR were to be taken care of by a homeowner's association. The project as now being reviewed is for a 1200+ unit apartment complex on 80 acres of the 540-acre site. Residents of the area have expressed concerns regarding the considerable increase in traffic that will overtax local roads and the incompatibility of these apartments to the existing residences. We respectfully request in the spirit of municipal courtesy that no action be taken on this project until such time as represen- tatives fr m both Highland~San Bernardino can meet and come to an understan ng regarding the above-listed concerns. "'1 ; J , '''--r'' l'. . ....~U I.L,-,l~r ~.-.< LAURIE TULLY j JOHNSON /' CO,IL ,~r.:~- lidll h:J~ua~ JIM RISSMILLER CITY OF HIGHLAND JODY SCOTT P. O. BOX 1072, HIGHLAND CA 92346 - ....... ,-' rr. .'it;;)- BARBARA CRAM RIORDAN SUPERVISOR THIRD DISTRICT 1"'" '1soarb of ~trui.6or.6 (ltounttl of &an JJtmarbi~:o.-ADMIN. 0' ~~., ".: 73 ___J' :-..J' ~ ~ ,-~ SYLVIA ROBLES FIELD REPRESENT A liVE MARIE TEETERS FIELD REPRESENT A TlVE / /, November 17, 1987 Mayor Evlyn wilcox and Common Council City of San Bernardino 300 North "D" Street San Bernardino. CA 92418 Dear Mayor and Council, You will be receiving a request from the City of Highland council-elect members for a brief continuance of the High- land Hills project so that the Highland Council might work with you and your staff to mitigate some of the issues of concern to the residents of the project's surrounding area. I would appreciate your positive consideration of extend- ing this courtesy to the new City. BCR:bc San Bernardino County Government Center' 385 North Arrowhead Avenue' San Bernardino, CA 92415-0110 . (714) 387-4855 . (714) 825.4050 ~ " ,../ Memorandum to the Mayor and Council Appeal of Conditional Use Permit No. 87-5 Mayor and Council Meeting of December 7, 1987 Page 2 Attachment D, Page 27, dated November 4, 1987 and the Initial Study (Attachment E, Page 46). MAYOR AND COUNCIL OPTIONS The Council may deny the appeal and uphold the Planning Commission denial of Conditional Use Permit No. 87-5 or may uphold the appeal and approve Conditional Use Permit No. 87- 5. If the Council chooses to uphold the appeal, they may choose to apply additional conditions recommended by staff. Further, if the Council chooses to uphold the appeal and approve the Conditional Use Permit, positive findings of fact must be articulated to support the approval. RECOMMENDATION The Planning Commission recommends that the City Council deny Conditional Use Permit No. 87-5. The recommendation is, therefore, to deny the appeal and deny Conditional Use Permit No. 87-57. Prepared by: Edward L. Gundy, Senior Planner for R. Ann Siracusa, Director of Planning Planning Department Attachments: Attachment A - Letter of Appeal Attachment B - Statement of Official Planning Commission Action Attachment C - Supplemental Staff 11/17/87 D - Original Staff Report, 11/4/87 E - Initial Study F - Related Correspondence (also serves as Attachment F back-up information for Appeal of CUP No. 87-47) Report, Attachment Attachment Attachment mkf 11/23/87 DOCUMENTS:M&CCAGENDA CUP875 ~ \'" c ,) DENNIS A. MARTIN P. O. BOX 6000 - 333 PALM DESERT, CALIFORNIA 922'<<ECEIVED-CI1Y CI_ERr< (619) 568-1619 .87 NOV 18 A8 :52 November 18. 1987 Mayor and Common Council City of San Bernardino City Hall c/o City Clerk San Bernardino, CA 92418 RE: CUP 87-5 Planning Commission Hearing November 17. 1987 Dear Mayor and Common Council: We hereby appeal the decision of the City of San Bernardino Planning Commission on the subject of the above matter and respectfully request that the Mayor and Common Council take the following action. Please set a hearing date as soon as possible to hear the above matter and approve CUP 87-5 as submitted specifically relative to the number of apartment units and parking and to change the requested fire access bridge across Cook Canyon to a fire access driveway, Very truly yours. BfLadl~ Dennis A. Marti Applicant DAM:ke '-' , V\ '\i . , '( i i. .'i \\.' , ,J) J.'>' tY"u \, ;' 'jACHMENT A ,.., "" " DENNIS A. MARTIN '.. P. O. BOX 8000. 333 PALM DESERT. CALIFORNIA 822'<<ECEIVr:D-r.11 Y C!_ERF (.18) 588-1818 .S7 NOV 18 AS :52 November 18, 1987 Mayor and Common Council City ot San Bernardino City Hall c/o City Clerk San Bernardino, CA 92418 RE: CUP 87-5 Planning Commission Hearing November 17, 1987 ,] Dear Mayor and Common Council: He hereby appeal the decision ot the City ot San Bernardino Planning Commission on the subject ot the above matter and respectfully request that the Mayor and Common Council take the tollowing action. Please set a hearing date as soon as possible to hear the above matter and approve CUP 87-5 as submitted specitically relative to the number ot apartment units and parking and to change the requested fire access bridge across Cook Canyon to a tire access driveway. Very truly yours, BfL.a!!t~ Dennis A. Marti Applicant DAM:ke r;i'\ is @ m n \'v7 ~ Gl ,w~ ;..: \~1 ..::: LJ IJ ..: i.': 'JU ;..::J NOV 1 8 1987 C:Ti :i ,~;'~:.:r-~n :~?:.:17;..~2~~T S;il'i 3GU:A~D;:~O, t:A ~ ~ ....... " " ATTACHMENT B City of San Bernardino STATEMENT OF OFFICIAL PLANNING COMMISSION ACTION PROJECT Number: Conditional Use Permit No. 87-5 Applicant: ACTION Mr. Dennis A. Martin Meeting Date: November 17, 1987 Approved Adoption of Request Subject to the Following Site Plan (Attachment A). x Denied. Other. FINDINGS OF FACT 1. Since the Specific Plan is over five years old and since substantial changes to the Plan are indicated, the proposed project no longer meets the intent of the approved Specific Plan. 2. Since the Environmental Impact Report old and significant changes in the have occurred, the cumulative impacts developments have not been adequately is over five years Highland vicinity of this and other addressed. 3. The traffic study does not support the project substantial land use changes have occurred in the five years to warrant updating such information to Environmental Impact Report. and past the VOTE Ayes: Nays: Abstain: Absent: Gomez, Lindseth, Nierman, Sharp, Stone Brown, Cole, Corona, Lopez None None J../. "-" '_f' City of San Bernardino STATEMENT OF OFFICIAL PLANNING COMMISSION ACTION Conditional Use Permit No. 87-5 Page 2 I, hereby, accurately Commission certify that this Statement of reflects the final determination of the City of San Bernardino. e{jU{ J;;a~ lli na ure R. Ann Siracusa, Director of Official Action of the Planning ~ D:i-23~tfl Planning Print or Type Name and Title RAS/mkf DOCUMENTS:PCAGENDA PCACTION .c"" I; '. ,....'-, ~TTACHMENT C ~'" ~ CITY OF SAN BERNARDINO PLANNING DEPARTMENT "" SUMMARY \.. . UJ Cf) c:( <.) In UJ ::l CJ I&l a: ..... c:( UJ a: c:( AGENDA ITEM HEARING DATE . WARD it 3 ..ilL17/87 4 ..J APPLICANT; Dennis A. Martin P. O. Box 6000-333 Palm Desert, CA 92261 OWNER; Highland Hills Properties P. O. Box 1367 San Bernardino, 92402 Conditional Use Permit No. 87-5 Applicant requests approval under authority of San Bernardino Nunicipal Code Section 19.1S.040(c) to establish a 224 unit apartment development with waiver of San Bernardino Municipal Code Section 19.18/190. Storage facilities within the Planned Residential Development (PRD) at 2.3 units per acre zoning district. The subject site encompasses approximately 14.10 acres located on the north side of Highland Avenue and approxi- mately 1200 feet east of Boulder within the Highland Hills Specific Plan. PROPERTY EXISTING LAND USE ZONING GENERAL PLAN DESIGNATION Subject North South East West Vacant Vacant SFR Vacant City Creek PRD 2. 3 PRD 2.3 County R-l PRD 2.3 "0" Foothill 0-3du/ac Foothill 0-3du/ac Foothill 0-3du/ac Foothill 0-3du/ac Open Space GEOLOGIC I SEISMIC HAZARD ZONE HIGH FIRE HAZARD ZONE ..J c:( ~ Zen UJe.!) 2z Z- OO a::Z :;:ii: Z UJ oNOT APPLICABLE o EXEMPT oNO SIGNIFICANT EFFECTS NOY I'ill RIVIIEO JULY' 11.1 KXtES oNO Rl YES oNO FLOOD HAZARD ZONE rn YES lXl ZONE A o NO OZONE B C SEWERS DYES ) ~NO _ AIRPORT NOISE I 0 YES CRASH ZONE Q\I NO rn POTENTIAL SIGNIFICANT EFFECTS WITH MITIGATING MEASURES NO E,I,R, o E.I.R. REQUIRED BUT NO SIGNIFICANT EFFECTS WITH MITIGATING MEASURES o SIGNIFICANT EFFECTS SEE ATTACHED E. R, C, MINUTES Z o ti 1&.0 I&.ffi ~2 en2 o <.) UJ It: REDEVELOPMENT DYES PROJECT AREA ~NO IZl APPROVAL IZl CONDITIONS 0 DENIAL 0 CONTINUANCE TO In , .. -------j ...."Y ..... .1 ,. CITY OF SAN BERNARDINO PLANNING DEPARTMENT CASE CUP 87-5 OBSERVATIONS 3 11/17/117 2 AGENDA ITEM HEARING DATE PAGE ,. SUPPLEMENT TO STAFF REPORT DATED NOVEMBER 4, 1987 CONDITIONAL USE PERMIT NO. 87-5, HIGHLAND HILLS Applicant: Dennis Martin Inconsistances and concerns cited during public testimony at the November 4, 1987 meeting of the Planning Commission included: The specific plan discussed "townhouse condominiums and garden apartments. where this proposal is for townhouse apartments which will be used for rentals. The compatibility of the proposal with surrounding land uses. Parking standards requirements and proposals. Traffic generated, the trips generated, and the appropriateness of the information contained in the Specific Plan. Noise resulting from construction of the project and the traffic generated by residents of the project. The quality and quantity of water supply. The adequacy of fire protection and prevention, which includes a greenbelt area. Hiking trails as required by the Specific Plan. Drainage with regard to Cook Canyon Creek. Discussion of the items in detail follows. Tvpe of Struct~res-Townhouse vs. Apartments A townhouse is generally a 2-3 story unit connected to a similar unit with a common wall. Ownership is not a criteria for meeting the definition of a townhouse, and the nature of ownership is irrelevant. Rather, the interior design of the unit is an appropriate criteria. The proposal is for rental units that are designed in townhouse style and the units are consistant with those described in the Specific Plan. ..., I \ CITY OF SAN BERf\I:':RDINO PL~"~JNING DEPARTMENT' . CASE CUP 87-5 018SERVAT~ONS AGENDA ITEM 3 HEARING DATE 11/17/87 PAGE ..l Compatibility withSurroundinQ Land Uses The fact that the Specific Plan was approved with townhouses and garden apartments in the lower south portions of the overall site deems this proposal for townhouse apartments in the lower south portion of the site compatibile. The proposed structures are consistant with the Specific Plan as is the proposed density. However, the density for the proposed project is 15.88 units per acre which exceeds the 8- 14 units per acre range permitted. ParkinQ San Bernardino Municipal Code is unclear on which standard to base parking requirements for apartments in the PRD zones. Historically the R-3 multiple residential parking standard has been applied. However, this proposed project is geared for upscale occupancy. It is a valid assumption that most units will be occupied by two car families. Therefore, it is appropriate to require additional guest parking and the PRD townhouse/condominium standard is applied to this project. A condition reflecting such is attached. Traffic Generation Page 68 of the EIR states "870 evening peak hour trips and a total of 8,810 daily trips will result from the 1200 units proposed by the entire Specific Plan." Impact projected from other approved projects in the vicinity is 3,800 evening peak hour trips with a total of 40,500 daily trips. Cumulative impact from Highland Hills (1200 units) and other projects (4500 units) totals 4,607 evening peak hour trips and 49,310 daily trips. These figures were evaluated in the original EIR and the mitigation measures previously included in the Initial Study for Conditional Use Permit 87-5 address the cumulative impacts. These mitigation measures are included as a condition of approval. Noise-Traffic Noise generated by the project was brought up at the Planning Commission Meeting of November 4, 1987. As discussed in the Initial Study, noise generated by the project. is mitigated through building setbacks and landscaping. Building orientation so that living areas are constructed away from arterials was recommended in the EIR. This is proposed. .J ~ - .,~ITY OF SAN BERNc"'qDINO PLP"NING DEPARTMENT CASE CUP 87=.5.... OBSERVATIONS AGENDA ITEM _ 3 HEARING DATE ITfTT;-gI PAGE -r- r Noise-Construction Equipment Construction noise is partially mitigated by phasing of the project. However, noise from heavy construction equipment cannot fully be mitigated and must be accepted as a consequence of development in any urban area. Street Dedication Highland Hills will be dedicated to a right of way width of 88 feet. The curves will be widened affecting a change in the alignment approved by the City Engineering Department. A condition reflecting such is attached. , Water Supply and Quantitv[Qualitv The East Valley Water District can and will serve the project with water household and Fire Department needs. The developer will extend sewer mains along Highland Avenue to connect the project with the City's System. Sewer capacity rights must be purchased from the City prior to issuance of construction permits, 50 no construction will begin until sewer capacity is insured. Fire PIQtecUQI! The project meets the fire protection plan'ls outlined in the Specific Plan EIR (Page 100) in the following manner: 1) 4) Streets are designed to City Standards per Engineering Department Requirements~ 2) 3) Arroyo Canyon The project has two means of ingress-egress Vista Drive and a bridge crossing over Cook Creek to Highland Avenue. to 5) 6) which living A 200 will areas foot have from greenbelt which will drought resistant natural vegetation. be irrigated and foil age separate 7) not applicable 8) five to ten feet fuel breaks on both sides of private roads shall be required as a condition of approval. 9) Final plans shall show road grades not to exceed 12 percent as a condition of approval. q I ~l . CITY OF SAN BER[\~" RDINO PLt \INING DEPARTMENT / ,.' " . . CASE CUP 87-5 018SERVAT~OU\!lS - - - - AGENDA ITEM 2._ HEARING DATE 11/17/87 PAGE 5 \.. 10) . Proposed .fire hydrant locations have been approved by the Fire Department, water pressure shall comply with City standards which is a minimum flow of 2,000 to 2,500 gal/min. over a one hour period. A condition is attached reflecting such. 11) All buildings will have class B roofs-in this project, tile roofs are proposed. 12) No security gates are shown on submitted plans, however, a condition is attached regarding a "knox-box" key and Fire Department approval should security gates be installed. 13) A condition is included which requires spark arrestors, visible from the ground be installed on all chimneys. Recreation Trail systems were encouraged to link the project with the San Bernardino National Forest Service and the natural open space provided. The trail system is not shown on the proposal, however a condition is included requiring the hiking trails. The Specific Plan indicates 2.5 acre Community Park be developer has elected to pay Cook_CanYQD Creek The intent of the Specific Plan is to retain Cook Canyon reek in its natural state as far as possible. Provision is made for lining the channel in areas susceptible to high rosion such as sharp curves and steep slopes. The natural appearance can be maintained by designing the improvement with ungrouted rock, except in areas of high erosion susceptibility. A condition is attached reflecting such. that Quimby Act dedicated to these fees. fees be paid or the city. The l:;QNCLUSION The subject site is designated for medium density residential in the Highland Hills Specific Plan. An Initial Study was prepared and presented to the Environmental Review Committee and a Negative Declaration is proposed. Public comments and ) \C\ " CITY OF SAN BERN RDINO PLAl\1'NING DEPARTMENT' CASE CUP M-5 OBSERVATIONS AGENDA ITEM 3 HEARING DATE 11/17/B7 PAGE 6 review were solicited. with the request for modification of the RV parking requirement and subject to conditions attached, the proposed project meets code requirements and is consistant with the Specific Plan approved and adopted as policy by the city. \\ - ~ CITY OF SAN BER~RDINO PLgNING DEPARTMENT \ CASE CUP 87-5 OBSERVAT~ONS AGENDA ITEM 3 HEARING DATE 11/17 /87 PAGE _ 7 RECOMMEND~11Q~ Staff recommends the Planning Commission: 1) Approve Conditional Use Permit No. 87-5, subject to Conditions and Standard Requirements attached; the approval based on the positive Findings of Fact; 2) Adopt the proposed Negative Declaration. Respectfully submitted, R. ANN SIRACUSA Director of Planning EDWARD GuNny Senior Planner ATTACHMENTS Attachment A - General plan/Code Consistancy Attachment B - Findings of Fact Attachment C - Conditions of Approval Attachment D - Standard Requirements Attachment E - Correspondence Received from Applicant Attachment F - Initial Study Attachment G - Original Staff Report Attachment H - Location Map csj 11/12/87 pcagenda/doc cup8750B \~- l.;........- ,--,,, '-.../ J CITY OF SAN BERNARDINO PLANNING DEPARTMENT CASE CUP 87-5 FINDINGS of FACT 3 11/17/87 8 AGENDA ITEM HEARING DATE PAGE ATTACHMENT B Should the Planning Commission vote to approve the proposed project, a positive findings for all of the following must be made. Should the; Commission vote to deny the proposed negative finding must be made for at least one each category. project, a finding in . These findings are .210) to determine Planned Residential required by the project Development Chapter meets the District. 19.18 (Subsection objectives of the 19.18.210 Specific Objectives. In addition to the determination that the plan complies with the purposes of planned residential development, the commis- sion shall find that the following specific objectives are satisfied by the plan. A. The overall Plan will be comprehensive in that the project will provide ample parking, recreation, circu- lation and environmental protection. B. In relation to the scope and complexity of the development its size will be such as to effect an integral land planning unit and provide for adequate open spaces, circulation, off-street parking and pertinent development amenities in that the project meets or exceeds all San Bernardino Municipal Code requirements with regard to such standards. C. Diverse functional elements should be well integrated, property oriented, and properly related to the topographic and natural landscape features of the site in that advantage is taken of flat topography by clustering units and 57 percent of the site remains open space. D. Developments will be well related to existing and planned land use and circulation patterns on adjoining properties and will not constitute a disruptive element with regard to the character of adjacent neighborhoods in that the only existing roads to be utilized by the .'3. ....... o '" ~ ,..i ,"", ,~) , ...., CITY OF SAN BERNARDINO PLANNING DEPARTMENT CASE CUP 87-5 FINDINGS of FACT 3 11/17/87 9 \.. AGENDA ITEM HEARING DATE PAGE project is a collector, Orchard, and an arterial, Highland and no local roads will be affected. E.The layout of structures will effect a conservation in street and utility improvements in that units are clustered which will require minimal description of the natural topography. F. The internal street systems are designed for the efficient and safe flow of vehicles without having a disruptive influence on the activities and functions of the common areas and facilities in that loop roads do not disect any proposed common areas or recreation facilities. G. Park and recreational areas and facilities will be located in close proximity to all dwelling units and easily accessible thereto as far as possible, in that areas which cannot be occupied by habitable structures are used for amenities and are located in areas acces- sible'to all residents of the project. H. The various community facilities will be grouped in places well related to the open spaces and easily accessible to pedestrians if possible, dependant upon harmonious design in that the best possible design of the site, given geologic constraints are incorporated into the proposed project. I. Architectural unity and harmony within the development and with surrounding community will be attached as far as possible in that the Specific Plan permits medium density development of the site, and the units proposed are upscale in design which is harmonious with the upscale single family homes surrounding the Specific Plan area. The secondary category of Findings relates to the approval or denial of a conditional use permit. San Bernardino Municipal Code 19.78.050 states: 19.78.050 Required Findings: All conditional use permits may be granted by the Mayor and Common Councilor Planning Commission after the required \.. \u, \.., ........ ",,/ -'.... ) - '. CITY OF SAN BERNARDINO PLANNING DEPARTMENT CASE CUP 87 -5 FINDINGS of FACT 3 11/17/87 10 AGENDA ITEM HEARING DATE PAGE public hearings. Before the Mayor and Common Councilor Planning Commission may grant any request for a conditional use permit, it must make a findings of fact that the evidence presented shows that all of the following conditions exist: 1. The proposed use conforms to the objectives of the City's General Plan Elements in that the proposed project is part of a Specific Plan which is harmonious to the General Plan and designates the site for medium density development (8-14 du/ac). 2~ That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located in that the Specific Plan has adequately mitigated negative impacts and is the adopted policy of the City. 3. That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particul area nor to the peace, health, safety and general welfare in that clustering of units as proposed enables preservation of much of the natural topography and allows construction of upscale rental units and ap- propriate amenities while meeting safety requirements. 4. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area and that adequate parking is provided in that Highland Avenue will be improved to provide access, and circulation will be over streets improved to meet the requirements of the City's Engineering Department. 5. That the granting of the conditional use permit under the conditions imposed will not be detrimental to the peace, health, safety and general welfare of the citizens of the city of San Bernardino in that the imposed conditions will bring the project into com- pliance with the Specific Plan which was subject to an EIR and which was adopted by the City. csj 11/12/87 DOCUMENT:PCAGENDA CUP875F \~ - "'- ,..." i '-' ,..) , J CITY OF SAN BERNARDINO PLANNING DEPARTMENT CASE CUP 87-5 CONDITIONS AGENDA ITEM HEARING DATE PAGE 3 11/111111 11 ATTACHMENT C 1. There shall be no landclearing and/or grading until an erosion control plan has been prepared by registered civil engineer, forester, landscape architect, or erosion control specialist and three copies of the Erosion Control Plan are submitted to the Planning Department for review and approval by the East Valley Resource Conservation District and the City of San Bernardino Engineering Department. The plan shall follow specifications as outlined in the Foothill Greenbelt Program. (See specifications attached to these conditions and incorporated into condition number 1.) 2. Parking shall be calculated and provided as follows: One covered space and one uncovered space per unit plus guest parking at a ratio of one space per five units. 198 covered spaces 198 uncovered spaces 80 guest spaces 476 spaces total 3. Highland Avenue right of way shall be inc~eased to accommodate four lanes of traffic and meet the require- ments of CUP 87-47 for alignment and radius. 4. Fuel breaks on both sides of private roads shall be provided. The width of the fuel breaks shall be 5 feet to 10 feet. 5. Water pressure shall be 2,000 to 2,500 gallon hour requirement of the provided to the site to meet per minute for a period of City Fire Department. the one 6. If security gates are installed, a "knox-box" key shall be provided to the Fire Department. The Fire Department shall have final approval of any security gate system. 7. Spark arrestors, visible from ground level shall be installed on all chimneys. \(, --1 "",..." ~ ,-" , '''" " .....,; ,j CITY OF SAN BERNARDINO PLANNING DEPARTMENT CASE CUP 87-5 CONDITIONS 3 11/17/87 12 AGENDA ITEM HEARING DATE PAGE 8. Hiking trails shall be provided through parcel three which will enable access to the areas of natural vegetation and the forest areas. 9. Cook Canyon Creek improvements shall be designed by a landscape architect. The design purpose shall be to retain as natural appearance as possible. Grouted rock lining will be used in areas of high erosion; ungrouted rock shall be used elsewhere. Vegetation shall include erosion resistant species. An assessment district shall be formed between property owners within Highland Hills Specific Plan area to insure maintenance of the creek bed. This assessment district shall be formed prior to issuance of building permits. 10. In the event that this approval is legally challenged, the city will promptly notify the applicant of any claim or action and will cooperate fully in the defense of the matter. Once notified, the applicant agrees to defend, indemnify and hold harmless the City, its officers, agents and employees form any claim, action or proceeding against the City of San Bernardino. The applicant further agrees to reimburse the City for any court costs and attorney's fees which the City may be required by a court to pay as a result of such action but such participation shall not relieve applicant of his obligation under this condition. 11. A bridge, a minimum width of 20 feet, structed across the Cook Canyon Creek gency access to Highland Avenue (where site plan). 12. The proposed project shall be reduced in density so as not to surpass the maximum density of 8-14 units per acre as indicated on the Specific Plan. Such reduction in density would permit 198 units rather than the proposed 224 units. shall. be con- providing emer- depicted on the 13. The Highland Avenue bridge which crosses over City Creek shall be widened to four lanes to be consisitent with the width of Highland Avenue as required by the Parcel Map 9166 and Specific Plan 82-1. \"'\ c ..' ", :) v ',.-,,,.' ATTACIiHENT C - CONDITION NUMBER 1 SPECIFICATIONS FOR AN EROSION COMTROL FLAN rll erosion "ontrol plan should clearly indi"aLc the' nat.ur" and c'xt.(,nt ',1' prnpoi,):;cd work O:lnd methods to control runoff 1 (:I~o:.;i(m ami :;(:(li ml'flt U:O'lCfIICII\.. Both tcml'ora"y and permanent mcasures should be :;hmll1. It may \)r: JlOl'\. of c,tk'r rlalls such as plot plans or drainagc plans as long as it is clearly l~belcd. ','.'00 S~t5 for each application d,'awn to scale minimum si 7.e of 24" X 36" ~~iu:,r project proposals (single_family dwellines, minor suudi vision of 1'0"1' c;o hss lots, or grading of less than 100 cubic yards) neeel not consult a yl'(;f3ss10n<.1 to draw up the plan. l~ajor r.I'oJloso15 lIlusL be prer.",'ed by t) rcgiJt~red professional civil engineer. and a"proved by _ City 'Lngineer . ,I mus\. bc approved hef"r" dher' permits sllch as building And grading per",it.s will bl! issu"rJ. n,1'1S for r.lajor projects must include runoff calculations (for a lO-year storm) j"",,,ns>,('3tillg the adequate cal'acity of drainage structu('es. Any other "':31(:ul;'!~iofi!., ~l,~ch as to determine the cap3cit.y of suU rnent cn\:t'}) b;;!~inS, I'~I:.;:L ~lsc, br; shown. All <:r05ion Control Plans shall include the following information in writing ,"1:1j/(Jl' di~grarn3: Location PrC~H~rty Detuils (,:ontours l)r~i~;;ge patterns' of the area ar.d propo:sed drainage facilities includinm details of surface and subsurface drains Delineation of areas to be cleared Prr.~~s~d construction I),,~";,ls of ~ll ercsion control measures ~c"eGetation proposals (including cuts and fills) including pia..\; spt:cies P~opGsed ,construction schedule (inclUding time of erosion control ~~surcs installation) N0rth arrCK. scale, and name and int~rsection N;}{.1e nnct address of owner(s) ~ezeJsorts parcel nu~ber(s) t1ar:l~, add~ess, and phone number of person who prepared the plan se~tic tank location. of the proposed site lines of terrain, including present contours and proposed finish location of nearest public road ',,' ~:nor: Cont.rol Plans will be reviewed to see i I' they adequately address the "O~cc,.ns liste:d below. Plans may be altered, conditioned, or ret.urned for . ,io,- improver.lcnts. All mp-asures shown on approved plans must be in place c,for~ final inspection and certification. ,',: t.~r instat.:d, all erosion controls will bi! maintained by the landowner or d::\'cl.opcr. ';'" following requirements should be considered when designing your project and ,.!'cp~ri~e the Eresion Control Plan: \?, t ... ,"-...- ;' , '-' ....,,; " ) GRADING AND LAND DISTURBANCE Plan the location and construction of thE' cl~~elopment to kt'ep g,'ading and landclearing to a min~mum. If the project is on st"ep slopes, IIv"jd IOa.lor grad'llg by 1I,,'tng polt., 5~"p, or other suitable foundations, Locate access roads so that they do !'\It. (!l', , ,s sh,p,,' J(r:...ter tJ."\l W., O' require cuts and fills greater t.han 5 (""I. ir height, Do not grade in sensi t1ve areas sueI' ,'s natural dr."1nag",,aY:l and unslahle slopes. Begin landclearing only after approval of your Erooi,.1l Control Pla". Landclearing is' not permitted on slopes gr..ater than 30~ or in sensi ti 'Ie areas such as water supply watersheds. StO.Cli. pile and reapply topsoil on SlOPl'1 lc~:\ than ;~U~. RU/lOFF CO/lTROL If the project is located on very sandy, "i rhly pp.rmeable soils, cor.~rol surface runoff by using infiltration ",ellsures such :.s percol ation \;rer."hes or drywells. This practice will "ssiut. in e.J".,undwai er recharge and reduction of erosion-causing runoff. Do not use these measures on s::'eep slop~s or other geologically unstable areas, ur areas of high groundwater. If infiltration is not feasible, detain or disperse runoff so that concentrated water leaving the site do~s not ~xcecd i)r'edevclopmenl le\'"ls. Use waterbars, splash blocks, sheet di~i'("'''al into w"ll-vegctated "reas, or other systems that slow down and spread ou\; e,mcentrated water. Use nonerodible berms or swales to direct. rUl1,.!'r awav front vlllnerllble areas such liS cut/fUl slopes, c11 ffs, founuut,i('llS, or rel-,nning walls. If runoff must be cause erosion. such as culverts, collected and concentrated, convey it so that it does not On steep slopes or sandy 100US use noneradible concui ts lined ditches, or drainage systems. All culvert and channel outlets need adequate energy dissipators to prevenl erosion. ~aintain runoff rates at or below predevelopmcnt levels. Retain runoff onsite by filtering it back into the so11 whenever poss:::'le and always where percolation rates are '2" per hour or greater. Consider use of percolation trei'l~hes, basins, and dr y w(,lls fOI' this purpose. /lOTE: Retention is not recommended on unst..ble slopes or in areaS ",here high water tables exist. If retention is not possible, detain runoff with detention basins or c:her runoff collection devices and release it in a controlled fashion, poss: bly into pipes or lined ditches. \~ ..... ..... .' Direct released runoff flows"onto estabUshed vegetation. paved areas, or other adequate energy dissipators such as rock rip rap. Keep sediment on site by filtering runoff with gravel berms, ','('getated filter strips, catch basin.:!, etc. Never pile soil where it ma~ wash into streams or drainageways. Use bermn or swales to di vert runoff away from senst ti ve areas such as unstable slopes. VEGETAlION Good vegetative cover prevents erosion. absolutely necessary. Do not remove any 'Ill"re than Stockpile topsoil for reapplication on sloDes less than 20~. This will aid in vegetation establishment considerably. S~t:ecule clearing activities for sunvner months. if possihlp.. _, Revegetation should be in place by October 15. Use native plants for permanent protection. Use r..commended grass/legume seed mixtures for good tempol"ary soil prolection. Some pla\'lts will require adequate preparation, fertilization, water, mulch, and/or maintenance to ensure establishment of a good protective cover. ~:rNTER OPEP.ATIONS (OCTOOER 15 - APRIL 15) All work during the rainy season requires special precautions to prevent erosiun. Disturbed soil must be protected with vegetation, mulch, or other means after October 15. During construction, temporary measures must be taken to retain 'sediment on site such "s dikes. gravel filter berms. vegetation filter strips, or other effective means. Install erosion control measures before winter rains (October 15 - April 15). This includes drainage structures for roads and driveways such as waterbars, culverts. roadside ditches. "Erosion-proof" road surfaCing may be necessary. Protect all disturbed soils with vegetation and/or mulch. Retain sediment with dikes, gravel or vegetated filter strips, and catch basins. Keep all culverts and drainage facilities free of silt and debris. Koei> emergency erosion control materials such as mulch, plastic sheeting, and sandbags onsite. Install these at the end of each day'as necessary. Operations may be delayed if a high potential for erosion exists. ~n " J CITY OF SAN BERNARDINO PLANNING DEPARTMENT CASE CUP 87 -5 c _I - "'''''> '-' '-" CONDITIONS AGENDA ITEM HEARING DATE PAGE 3 11/17/87 13 PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT CONDITIONS 14. The developer is to submit a complete master landscape and irrigation plan (3 copies) for the entire develop- ,ment to the Planning Department for approval, upon approval the final landscape plan will be forwarded to the Director of Parks and Recreation for review and approval. The design shall include" but 'not be limited to,the following: ";; ~:-: x The landscape plan shall meet the conditions set forth by the Department of Parks and Recreation. ON ARROYO VISTA DRIVE Street trees shall be planted on 35 feet center spacing unless otherwise indicated by the Dept., of Parks and Recreation. The Department shall determine the varieties and locations prior to planting. 25% of the trees shall be 24" box specimens. Trees to be inspected by Park Division representative prior to planting. Setback shall be burmed at a maximum 3:1 slope and shall be planted with a tall fescue type turfgrass. Landscape.buffer zone to be installed between facilities and street. Planters shall be enclosed with concrete curbing. . x , ~\ .- - ( "'... , ~'TACHMENT "E" ."" ) DENNIS A. MARTIN P. O. Box 6000-333 Palm Desert, CA 92261 (619) 568-1619 DUKES-DUKES & ASSOCIATES, INC. Community Developers 1875 W. Highland Ave., San Bernardino, CA (71") 887-6"91 12"7 FIfth Avenue, Oakland, CA 9"606 ("15) 839-8633 November II, 1987 Hs. R..Ann Siracusa Director of Planning City of San Bernardino City Hall San Bernardino, CA 92"01 Re: CUP 87-5 and CUP 87-"7 Dear Hs. Siracusa, At the Planning Commission meetIng of November 3, 1987 there were many questions that were raised and many Issues that were brought up principally by the opposition to the above two projects. The proximity of the project and the fact that they are both within the Highland Hills Specific Plan have linked the two applications together and we are therefor responding to the Issues jointly. of the Items were addressed at the Planning Commission Meeting. They Many are: 1. Bob Johnson of the Soils Consulting firm of CHJ Materials laboratory addressed the Issues and provided testimony regarding llquifactlon, geological faults and the alledged artesian flows. 2. Roger Hargrave, Public Works Director for the City of San Bernardino addressed mitigation measures for Highland Avenue realignment ,,"Ii traffic and the concerns of the residents of the area about the traffic problems existing now and the effect of the mitigation measures including the Intersection of Highland and Orchard. 3. Joe Bonadlman, C.E. of Bonadlman Associates addressed the mitigation measures to protect the projects from flooding from both City Creek and Cook Creek. 4. Larry Rowe, General Manger of the East Valley Water District 'addressed the adequacy of water, domestic and fire flow, and the relocation of the North Fork Ditch. We are addressing below the convnents and Items requiring clarification on the other issues; ~~ - - - - ( I ~ovember II, 1987 ~. Ms. Siracusa, Director of Planning Page 2 ,-' "The area Is a high fire hazard area and will create major problems If developed" Highland Hills Properties Is located within the "high fire hazard" area. With the Highland Hills properties vacant, heavy brush grows abundantly to the edge of existing adjoining development. The development of the projects proposed under CUP 87-5 and 87-47 will mitigate this hazard for the following reasons: 1. 5. The open space and recreational areas within the projects are less than 50% of the land area. The open space Is planted and Irrigated. The buildings themselves are separated by at least 30 feet. In compliance with Fire Department requests, many buildings have automatic fire sprinkling systems. The street design not only allows for emergency escape routes but also provides access Into the foothills for emergency vehicles and with fire flow water throughout the projects. 2. 3. 4. "The Density is too high and does not conform to the Specific Plan" The adopted Highland Hills Specific Plan proposed a residential development not to exceed 1200 units. The Specific Plan states as follows: "The General Plan for the area allows denslties'up to 3 units per acre, which would permit a total of 1623 units on the property. However, standards for foothill development require that densities be calculated based on the percentage slopes of a particular site. Using the latter method, 1307 units would be permitted." The Specific Plan does allow for the construction of garden apartments in the lower flatter portions of the site. In this area It suggests densities of 11-14 units per acre. The combined number of units In the two projects totals 508 units in 43.99 acres or a density of 11.5 units per acre. "Highland Avenue Is amajDr traffic problem and does not conform to the Specific Plan" The Highland Hills Specific Plan does recognize the existing Inadequacy of Highland Avenue to carry the present and future traffic. In Drder to mitigate this deficiency it states on page 30 "The main access to the site is along Ilighland Avenue, which is recommended to be re-al igned and widened tD imprDve sight distances and increase capacity." The Public Works Department of the City is requiring that the rlght-Df-way be increased In order to bDth decrease the radius of the curves extending the line of sight to an acceptable distance and also Increasing the roadbed to four lanes allowing for a total curb separation of 64 feet. With these Improvements coupled with those of Caltrans; Highland Avenue will be four laned from Boulder Avenue to Church Avenue in addition to a new clover leaf at the Interchange Df Highland Avenue and Boulder and a new four laned bridge across City Creek. ~'?> - 'TC I r ,n ...... '....~"" ~) November 11, 1987 Ms. R. Ann Siracusa, Page 3 Director of Planning ''What Is the type of financing for these projects" The two projects will be financed through the County of San Bernardino Multifamily Rental Housing Bond Issue of 1985/Hlghland Hills Apartments Series A in the amount of $29 million. The City of San Bernardino entered Into a "Cooperative Agreement between the Housing Authority of the County of San Bernardino and the City of San Bernardino" wherein the City expressed Its willingness to cooperate with the Authority In the Implementation of the program within the City of San Bernardino. In the agreement'the City represents that the program and program site do comply with the Land Use and Housing element of the General Plan and is in conformance with the Planning and Zoning Law. It further provides that the City will receive 1% ($290,000) as a fee for bond issuance. The city does not have a financial loss If the project Is not completed. Further, this is not a HUD project, 'and there Is no rental subsidy Involved. "Recreat Ion" Section 3.6.3 of the Highland Hills Specific Plan addresses the Issue of recreation. Under section (c). Mitigation Measures, the following is quoted: "Provisions of extensive on-site recreation amenities as well as permanent open space mitigates demand for recreation amenlties......ln lieu of Quimby Act Fees the developer could dedicate aS,a neighborhood park the designated 2.3 acre park site which is located below Highland Avenue on the Specific' Plan." In subsequent discussions with the City Parks and Recreation Department the recommendation was made by this Department to the Mayor and Council neither to accept the park nor waive the park fees. This recommendation was formalized in the subsequent approval by the Mayor and Council of Parcel Map No. 9166. I quote the following from the hearing on this matter designated under Observat10ns as Item 6. "The Highland Hills Specific Plan denotes that parcels one, two, and three are designated for medium density residential at a density of 8-14 units per net acre. Parcel number four is designated as being of commercial land uses. On the southern portion of lot line number one is a 2~5 acre site. Comments reviewed from the Parks and Recreation Department state that "park" as designated on the parcel map should not be considered city park, rather an an open green be It. Th i s green be 1 t "park" desi gnat Ion wi 11 not relieve the developer of pay i ng for park construction fees....". "Traffic Signalization: You expressed the concern at the ERC meeting that It was not clear how and when the developer will participate in any future signalization. In Section 3.2.8 of the Specific Plan It states: "The future traffic volumes on the roadway network ~~ ~ / / . '-- November II, 1987 Ms. R. Ann Siracusa, Page 4 '-' Director of PlannIng ,,'" summarized In the previous sections Illustrate roadway Improvements that are necessary by 1995. These Improvements were developed to mInImize the impact that the proposed development would have on the roadway circulation system as well as accomodate future non-project traffic flows. The project applicant would not necessarily be financially responsible for all of the following Improvements. The City of San Bernardino will have to determine who will be responsible for making these improvements". As a condition to the adoption of Specific Plan No. 82-1 and change of zone No. 82-22 the Mayor and Council acted on this item by providing as a condition for approval item 15 g which provides as,follows:' "The required traffic signal at the intersection of the main entrance to the site with Highland Avenue shall be constructed as an Improvement requirement of the Tract Map containing the 705th unit." and item 15 h "The required, traffic signal at the Intersection of the secondary entrance to the site wIth Highland Avenue shall be constructed as an Improvement requirement of the Tract Map containing the 817th unit." "The Empire Economics report states there is excess muiti-famlly housing In San Bernardino" Public Input at the Planning Convnlsslon meeting of November 4th, 1987 cited the Empire Economics study dated September'24th, 1987 entitled "San Bernardino City's Optional Housing Product Mix" as concluding that additional mUlti-family housing In both the City of San Bernardino and the East Valley Market Region Is not warranted. This conclusion Is neither accurate nor factual; indeed the report suggests the very opposite conclusion. The up-scale apartment units as proposed In both of the projects under consideration do not have their equal at this time in the City of San Bernardino. There are no other project' of equal quality that either of these two can be compared too. The proposed market rents of the two projects range from a low of $565.00 per month to over $950.00 per month. Even discounting this factor of no comparability, the Empire Economics Report makes the following observations: 1. The rental distribution in the City of San Bernardino (1986) is primarily In the moderate rental schedule of $374 per month rent or less. Only 2.6% of the market share is above $600.00 per month. (Page 8) 2. These is a sufficient supply of apartment unIts to fulfill the market demand through 1988. From 1989 on there Is a shortage of rental units. (Page 23) It Is anticipated that these two projects ~lil1 be avai lable In the market place In late 1988 or early 1989. ~~ - ;- N~~b" 11, "'7 . , Ms. R. Ann Siracusa, Director of Planning Page 5 ~, '\ i There were, several other comments such as the greenbelt In latter stages of the Specifl~ Plan; the loop road; the bridge on Highland Avenue and other iterns which were not relevant to the above two CUP applications. We have not attempted to address these Issues. I feel we have addressed all concerns and Issues relevant to the above applications. If further Information Is needed or desirable, please contact either of the undersigned and we shall continue to cooperate as we have to this point so all relevant Issues are properly addressed; Very truly yours, , B? DJk ohn Dukes General Partner DENNIS ..":TIN f:.. L2-~/J;~ ~ Dennis A. Martin HIGHLAND HILLS GATEWAY, LTD. , <\~ . , F ':'1 i ~<o """' CATTACHMENT D ...,,, ~) ,. CITY OF SAN BERNARDINO PLANNING DEPARTMENT" SUMMARY PROPERTY .. l&J ~ o t; l&J ::) o III 0: .... <! l&J 0: <! AGENDA ITEM HEARING DATE WARD #1 11/4/87 4 ~ Conditional Use Permit No. 87-5 APPLICANT: Dennis A. Martin P. O. Box 6000~333 Palm Desert, CA 92261 OWNER: Highland Hills Properties P. O. Box 1367 San Bernardino, 92402 Applicant requests approval under authority of San Bernardino Municipal Code Section 19.18.040(c) to establish a 224 unit apartment development with waiver of San Bernardino Municipal Code Section 19.18/190. Storage facilities within the Planned Residential Development (PRO) at 2.3 units per acre zoning district. The subject site encompasses approximately 14.10 acres located on the north side of Highland Avenue and approxi- mately 1200 feet east of Boulder within the Highland Hills Specific Plan. EXISTING LAND USE ZONING GENERAL PLAN DESIGNATION Subject North South East West ..J ~ z(I) UJ(!) 2z z- OO a:Z >LL Z UJ Vacant Vacan\: SFR Vacant City Creek PRO 2.3 PRO 2.3 County R-l PRO 2.3 "0" Foothill 0-3du/ac Foothill 0-3du/ac Foothill 0-3du/ac Foothill 0-3du/ac Open Space GEOLOGIC / SEISMIC HAZARD ZONE REDEVELOPMENT 'DYES PROJECT AREA UNO 0 APPROVAL 0 CONDITIONS 0 DENIAL IXl CONY'i~'Y1lCf TO lEI YES ONO FLOOD HAZARD IJlvES lXlZONE A ZONE 0 NO OZONE B AIRPORT NOISE / 0 YES CRASH ZONE IXl NO C SEWERS ~~S ) HIGH FIRE HAZARD ZONE ~ES ONO o NOT APPLICABLE rn POTENTIAL SIGNIFICANT EFFECTS WITH MITIGATING MEASURES NO E,I.R, o E,I,R. REQUIRED BUT NO SIGN IFICANT EFFECTS WITH MITIGATING MEASURES o SIGNIFICANT EFFECTS SEE ATTACHED E.R, C. MINUTES z o ti 11.0 II.ffi ~:I (1):1 o o UJ a: o EXEMPT ONO SIGNIFICANT EFFECTS NOV. 1911 RIVIIED JULY I,.a SK' ~, - - - , '- ".-'.'" ;' ", .'1 .......,..1 '- ....~."I CITY OF SAN BERNARDINO PLANNING DEPARTMENT CASE CUP87-S OBSERVATIONS 1 1l/4/R7 ? AGENDA ITEM HEARING DATE PAGE 1 . REQUEST The applicant request approval of a Conditional Use Permit under authority of San Bernardino Municipal Code Section 19.18.040 (c) to establish a 224 unit apartment complex with a modification by the Planning Commission of the San Bernardino Municipal Code Section 19.18.190 storage facilities pertaining to recreational vehicles storage. This modification is permitted by code and no variance is necessary. The proposed complex includes 28,two story apartments structures which contain 8 units per structure. The units are 1 and 2 bedrooms. 454 (224 covered) parking spaces are proposed on site. Amenities include. a volleyball court, two swimming pool areas, two tennis courts, a spa area and a 5,456 square foot recreational building. Access to the site will be via two driveways both of which are form the proposed extension of Arroyo Vista Drive. 2. SITE LOCATJON Subject Property- parcel 3, of parcel map 9166, totals approximately 14.1 acres. Parcel 3 is located on the north side of Highland Avenue approximately 1200 feet east of Boulder Avenue. The site lies within the Highland Hills Specific Plan. (See attachment V, Location Map.) 3. MUN1~lFb~_~QP~_AND GENERA~_PLAN CONFORMANCE The proposed project with the request and modification is consistent with the San Bernardino Municipal Code 19.18, Planned Residential Development with regards to setbacks, structural constraints, open space, amenities, parking and access. The proposed is in conformance with the Greenbelt Ordinance dealing with Foothill Development except where the distance between the proposed recreational building and two habitable apartment buildings do not conform with minimum separations. This will be addressed later within the staff repo rt. 6)~ - ....... .r' I.",." , '~,,,; CITY OF SAN BERNARDINO PLANNING DEPARTMENT CASE CUP 87 - 5 OBSERVATIONS 1 11/4/87 1 r AGENDA ITEM HEARING DATE PAGE The General Plan, which designates the .site Foothill Development at 0-3 du/acres encourages density transfers in an effort to cluster housing and maintain and preserve open space where possible. The Highland Hills Specific Plan allows for density transfers and designates these two parcels as minimum density, 8 to 14 du/acres. 4. CEQA Statu~ At the regularly sCheduled,meeting, of October 8, 1987, the Environmental Review Committee recOmmended a Negative Declaration after reviewing the Initial Study. Several items were discussed at the Environmental Review Committee Meeting which included: - Flood Hazard Potential - Service Facilities with regard to Police Service - Traffic Hazard Possibilities - Geologic Hazards (Including the inactive traces of the San Andreas Fault and Liquefaction potential) - Draining and Drainage , Cumulative Effects on the Environment of this and other projects in the area - Secondary access across Cook Canyon Creek These items and proposed mitigation measures are discussed in the Initial Study prepared by staff. Based on the Initial Study the Environmental Review' Committee proposed a Negative Declaration be adopted for Conditional Use Permit 87-5. 5. BACKGROUND On October 26, 1982, the Planning Commission recommended approval and adoption by ordinance of Specific Plan 82- 1, Highland Hills Specific Plan, Change of Zone 82-22, from .0. Open Space to Planned Residential Development at 2.3 units per acre and adoption and certification of the final Environmental Impact Report. On December 6, 1982, the Mayor and Common Council approved with modifications to the conditions of approval the proposed Specific Plan. On May 15, 1985, parcel map 9166 was approved by the Planning Commission based on the findings of fact and subject to the proposed conditions of approval. One 'lo.. ~o. lu - ....... - '"",'" / CITY OF SAN BERNARDINO PLANNING DEPARTMENT CASE CUP 87-5 OBSERVATIONS AGENDA ITEM 1 HEARING DATE 11/4/87 PAGE 4 condition was that the single family first phase of development which is adopted Specific Plan 62-1. The applicant of parcel map 9166 appealed that ,condition and the Mayor and Common Council determined that the appeal was inappropriate and the Planning Director and City Attorney were directed to amend the Specific Plan with regard to the phasing of the development. development be the consistent with the , ' Conditional Use Permit number 86-7 to construct a 222 unit apartment project on the subject site was approved by the Planning Commission on July 8, 1986. A , subsequent request for an Extension of Time of Conditional Use Permit number 86-7 was withdrawn by the proponent of the Highland Hills Specific Plan Project on August 18, 1987; thereby permitting Conditional Use Permit to expire. 6. ANALYSIl! The purpose of the PRD (Planned Residenital Development) District is to promote residential amenities beyond those expected in a conventional residential development, to achieve greater flexibility in design, to encourage well-planned neighborhoods through creative and imaginative planning as a unit, to provide for appropriate use of land which is sufficiently unique to it physical characteristics, or other circumstances to warrant special methods of development, to reduce development problems in hillside areas and to preserve areas of natural scenic beauty through the encouragement of integrated planning and design and unified control development. There are fcur different within the project. These as follows: floor plans floor plans being proposed are broken down ~tY1jl ~\,Il!1pe r_lllt/!3P- ~I~A-?JPPQ~ed Minimum Area (Square Ft.) Required (Square Ft.) 1-1 2-1 2-2 2-2(M) 112 16 40 56 . 816 1038 1104 1027 91,392 16,606 44,160 57,512 -:l.^ - - - ....... /",'-' I".....; ~,.. -.". '-' CITY OF SAN BERNARDINO PLANNING DEPARTMENT CASE CUP 87-5 OBSERVATIONS 1 11/4/87 Ii AGENDA ITEM HEARING DATE PAGE r '. All floor areas proposed exceed minimum requirements of code. The elevations show a stucco exterior with tile roofs. No building exceeds the maximum height permitted within the Planned Residential Development District. All structures maintain a minimum of 30 foot separation as required by the Greenbelt Study, zone B for high fire hazard areas, except in one instance. This instance is between two apartment buildings adjacent to the main recreation building. Separation shown is 23 feet and 27 feet between the 3 buildings. Proper separation can be accomplished by either reduction in the main recreation building floor plan or adjusting the building footprint so as to create proper separation as required. The overall density of the development (15.88 du/acres) is greater than the maximum density allowed under the Specific Plan (8-14 du/acres). The Specific Plan encourages density transfer within project sites to preserve natural open space areas. The open space area being provided includes a total of 7.78 acres or 55.23 percent of the overall project site. Amenities include a volleyball court, a main recreational building (5,456 square feet), two swimming pool areas, two tennis courts, a spa area and an activity building. All the amenities are located within the interior of the project and are distributed in equitable manner so as provide adequate walking distance to at least one of the provided amenities from a residential unit. The vehicular circulation for the site is via a loop system around the perimeter of the project with perpendicular parking spaces adjacent 'to the 24 to 30 foot on-site drive aisle. Two primary access points are being provided from Arroyo Vista Drive. The primary entry point will be two 24 foot wide driveways separated by a landscaped median. This driveway will lead to the recreation building area where 12 guest parking spaces are provided to serve that recreation building. Throughout the site there are 454 parking spaces provided. Of those, 224 spaces are covered and 230 spaces are uncovered. Parking requirements in the PRD section of the San Bernardino Municipal Code are as follows: 3\ - - - \-/ "-' CITY OF SAN BERNARDINO PLANNING DEPARTMENT CASE CUP 87-5 OBSERVATIONS 1 11/4/87 6 AGENDA ITEM HEARING DATE PAGE 19.18.140 Off Street Parking There shall be a mlnlmum of one covered and one uncovered off street parking stall per dwelling unit with additional guest parking provided. However, San Bernardino Municipal Code Section 19.56.030 states that parking requirements within residential uses shall be: "Condominimums/town house, and residenital development-two spaces per unit, one of which is covered. In addition, guest parking shall be provided at a ratio of open spaces for ever five units." "Apartment-each dwelling unit shall be provided with not less than the following number 'of parking spaces, at least one of which shall be covered or enclosed: units with one or less bedrooms, one and one half spacesl units with two bedrooms, two spaces; units with three or more bedrooms, two and one half spaces. The apartment standards were designed to include guest parking spaces. In a telephone survey to other jurisdictions this apartment ratio is typical and includes guest requirements. Therefore, an interpretation must be made, to determine by which standard this project is evaluated. Under PRD standards, 493 parking spaces would be required including guest parking spaces. The project within the 39 spaces less than minimum required. Under apartment standards, 392 required. The project would minimum required. parking spaces would be then be 62 spaces over . Combining the apartment standards with the addition of the PRD guest spacing requirements 437 parking spaces would be required. The project would then be 17 spaces over the minimum requirements. The applicant is providing for 454 parking spaces at a ratio of 2.03 spaces per unit. The Planning Commission, if it decides to approve the project, will need to determine which criteria they wish '" '3~ , , '- ...... ,-"" CITY OF SAN BERNARDINO PLANNING DEPARTMENT CASE CliP 87-') OBSERVATIONS , 11/4/87 7 AGENDA ITEM HEARING DATE PAGE to establish as appropriate parking standards for apartments in the planned residential development zone. Grades throughout the circulation system preliminary plans range from 1 percent grade throughout the project site. Existing land use to the east of the subject site is presently vacant but is being considered under Conditional Use Permit No. 87-47 for a 284 unit apartment project. The north of the side is presently vacant and is within the Highland Hills Specific Plan designating that. site for additional single family homes. To the west of the subject site lies the City Creek Flood Plain, zoned "0", Open Space, and to the south of the site lies upscale single family homes on large lots. as shown in the to 3.1 percent San Bernardino Municipal Code Section 19.18.190 states that there shall be a common area for recreational vehicle parking at a ratio of 1 space per 10 units. It is further stated that the Planning Commission may modify the requirement. The applicant requests the Commission delete the requirement, formally made as a waiver, stating apartment dwellers generally do not require RV parking and the intent of the proposed plan is to maximize open space and minimize asphalted areas. Since code permits modification by the Planning Commission, a formal waiver request with variance findings is not mandatory. Cook Canyon Creek lies within the southern ~ortion of the project site. A 70 foot easement is indicated. Within this easement the creek bed is proposed to be improved with rock lining in two 15 foot wide service drives (one on each side of the creek) is proposed. A fire access road is shown as taking access from Highland Avenue crossing the Cook Canyon Creek easement and entering the project at the southernmost point of the project site. The Fire Department as submitted a memorandum to the Planning Department (see attachment -K-.) In this memo a statement is made that the fire access roadway proposed over Cook Canyon Creek shall be a bridge 20 feet in width. If the project is to be approved, the requirement for a bridge as secondary access across Cook Canyon Creek shall be a condition of approval. 33 ,'". ""' ~ ....' ....... CITY OF SAN BERNARDINO PLANNING DEPARTMENT CASE C:lIP 1\7-') OBSERVATIONS AGENDA ITEM HEARING DATE . PAGE 1 11/4/1\7 R 7. COMMENTS_~~~~JY~P The Planning Department has received comments from the San Bernardino County Planning Department, the County Flood Control Agency, Cynthia Ludvigsen (an attorney cepresenting the homeowners in the areal, and CalTrans. Those comments received to date are summarized below. The public comment period extends to October 28, 1987, therefore this section of the staff report will be amended to include comments received after October 20, 1987. A, San Bernardino County expressed regarding water flooding, traffic noise, fire compatibility. 1. East Valley Water District can provide water for domestic and fire needs. Planning, concern was availability, erosion, hazard, foothill ove~lay and will protection 2. A detailed erosion plan will be submitted for review and approval prior. to landclearing or grading as required by Foothill Pevelopment. 3. The San Bernardino County Flood Control District has recommended development be either setback from the 100 year high water mark, 100 feet or to improve the channel to contain the 100 year storm within its banks. This would be for both the Cook Canyon Creek Channel as well as the City Creek Channel. Plans for which are currently being checked by the San Bernardino County Flood Control District. 4. The high fire hazard compliance within the Standard. is mitigated through Foothill Development 5. Departure from present density is.addressed in the Highland Hills Specific Plan. 6. Wildlife habitat will be eliminated on the 14.1 acres proposed for this development. 3!\ #~ ."" "-, ",.....' CITY OF SAN BERNARDINO PLANNING DEPARTMENT CASE CUP 87-5 OBSERVATIONS AGENDA ITEM 1 HEARING DATE~lJ4J87_ PAGE -,--- 7. Seismic activity is mitigated through compliance with Alquist-Priolo requirements. B. San Bernardino County Flood Control District The following items were expressed as certains regarding flood control plans. 1. Box culvert calculations inadequate. 2. Bulking and freeboard incorrectly calculated. 3. Access road widths must be 20 feet or Cook Canyon Creek must be concrete lined. 4. Cook Canyon Creek bulking calculations are incorrect. 5. Stream velocities at curves is incorrect. 6. No drainage easement for the City of San Bernardino has been recorded with regard to Cook Canyon Creek. 7. A 25 foot building setback must be maintained or Cook Canyon Creek must be concrete lined. 8. 100 foot building setback from City Creek is required. The City 1987, comments Engineer in a memo dated October 13, made the following with regards to drainage: "B. Cook Canyon ~%~ek_Jmproy~~~~~ As design of Cook Canyon Creek improvements is currently underway by the developer's engineer. The City Engineer is planning on checking the design. The design will have to be improved by the City Engineer prior to issuance of any construction permits." Until all issues regarding the inadequacy of calculations and resolving the concern of concrete lining of Cook Canyon Creek, the City will not approve the channel improvement plans. ' C. Cynthia Ludvigsen, Homeowners in the Area Attorney Representing Ms. Ludvigsen's letter dated October 7, 1987, addressed the following concerns: , 36 .'''''''^ """'" /"'" \, ....... ....... '-" CITY OF SAN BERNARDINO PLANNING DEPARTMENT CASE CUP 87-5 OBSERVATIONS 1 11/4/87 10 AGENDA ITEM HEARING DATE PAGE 1. Failure to comply Specific Plan in liquefaction. 2. Verification that the project included proper seismic fault setbacks. with the Highland Hills recommendation regarding 3. Lack of geotechnical investigation to determine the stability of earthfill dams. 4. Design water storage tanks to seismic activity. 5. Location of a new debris basin. 6. Hard surface of Cook Canyon Creek and the loss of riparian habitat, in that the Environmental Impact Report states Cook Canyon Creek is retained in its natural state, thus preserving any full grown trees. withstand 7. Environmental conclusions are no longer valid because the measures currently proposed are ~ot consistent with the Specific Plan. 8. Absence of a bridge over City Creek as required by the Specific Plan. 9. Failure of the concerns District. the project developers to address of the County Flood Control 10. Extension of Orchard Avenue as required by the Specific Plan to enable placement of a storm drain and catch basin system. 11. The Specific Plan states residential units will be for sale only and the proposed is for rental units. 12. The disruptive element with regard to the character of the adjacent neighborhood. 13. The nature of physical impact differences from the single family homes and the townhouses evaluated in the Specific Plan EIR and the physical impact of bond financed apartments and '\.. 3c'o - ...... ",",.". . CITY OF SAN BERNARDINO PLANNING DEPARTMENT CASE CUP 87-5 OBSERVATIONS AGENDA ITEM 1 HEARING DATE 11/4/87 PAGE 11 the effect of public revenue, property tax revenue and retail sales tax revenue. 14. The conclusion in the Specific Plan EIR that the proposed project of owner occupied units would generate more revenue than would cost the City to provide public services is invalid for apartment projects. 15. The substantial deviation from the Specific Plan necessitates amendment of the original EIR. 16. The proposed project requirements of State Law. seq.) Local ordinance 19.79 Environmental Quality Act. violates (Section and the consistency 65450, et.' California' In responding to the concerns staff offers the following: 1&2 Dr. Floyd Williams, City geologist, viewed all of the submitted geologic studies (contained in the Initial Study, attachment D ) and concluded liquefaction concerns can be addressed through foundation design and that the earthquake faults lying on the project site are inactive, therefore habitable structures may straddle these traces. 3. In a memo from the City Engineering Department dated October 13, 1987, it is stated "C. We do not know of any earth filled dams in the vicinity of the project. However, a debris basin owned and operated by the San Bernardino County Flood Control District is located near the easterly limit of the project on Cook Canyon Creek. This facility does not retain water and therefore is not a dam." 4. A letter dated October 19, 1987, from Joe Bondinlan states the earth filled dam and debris basin are off-site and covered by easements to County Flood Control District. These facilities have been checked by the County and State agencies for safety. -:>" c . , "-' ......"..... CITY OF SAN BERNARDINO PLANNING DEPARTMENT CASE CUP 87-5 OBSERVATIONS 1 1l~4/87 1 AGENDA ITEM HEARING DATE PAGE 5. There are no water storage tanks proposed in conjunction with this project. 6. Hard surface of Cook Canyon Creek Channel is a requirement of the Flood Control District. An option to full concrete lined channel bed with 15 foot access roads is a rock lined bed with 20 foot access roads. The necessary access roads will require removal of some trees. 7. Environmental conclusions of the EIR have been addressed in the Initial Study. (See attachment D ,.) According to .Mike Grubbs, Senior City Engineer, as stated at the Environmental Review Committee meeting of October 8, 1987, all new environmental issues pertaining to drainage and grading are mitigatable by Engineering Design. 8. The project is adjacent to City Creek. Improvement plans for a bridge crossing City Creek on Highland Avenue has been submitted to the County Flood Control District for checking. 9. The developers are working with the County Flood Control District as discussed previously in this section. 10. The density of the project is based on density transfers allowed by the Specific Plan and the Planned Residential Development Section Title 19 of the San Bernardino Municipal Code. The overall density of this project is 15.88 dwelling units per acre which is greater than the designated 8 to 14 units per acre within this Specific Plan, the Specific Plan encourages density transfers to preserve natural open space. Tn doing so the density of another project, would be reduced to balance the increase in density for this project. 11. The proposed complex is for rental units. Since the type of ownership is not discussed in the EIR this should not be an issue with regards to CEQA. '\.. 12. This issue is addressed in the analysis section of the staff report. . 3~ ......".." ...... ". ....... "-'" CITY OF SAN BERNARDINO PLANNING DEPARTMENT CASE r.lIP R7-,) OBSERVATIONS 1 l1'4'S7 i ~. AGENDA ITEM HEARING DATE PAGE 13. The commenter's proposal is to have the physical impact section of the EIR reevaluated based on revenue generated by apartment use and lower income levels of the occupants. 14&15 Whether deviation of the proposal from the Specific Plan is substantial enough to warrant amendments to the EIR, and whether or not consistency requirements of State Law, CEQA and local ordinances are violated is an issue better addressed to the Planning Commission and City Counc il . D. CalTrans CalTrans is concerned that cumulative impacts of the continued development in the area would be mitigated prior to the development of the area. However, there is no specific comment on this project. In response the cumulative impacts were accessed during the Specific Plan process and impacts are to be accessed by project basis at various stages of development of the entire 541 acres covered by the Specific Plan. Since 1982 when the Specific Plan Environmental Impact Report was written, a substantial number of residential units' have either been approved and/or built within the general vicinity of the Highland Hills Project. These newly approved or newly constructed projects were not addressed in any cumulative impacts that could have been known at the time since they were not even submitted to the County for approval at that time. Consideration could be made to update the cumulative impacts as it may address this project with consideration of others. General concerns would be for traffic analysis at major intersections, feeding to Boulder Avenue. CONCLUSI9~ The project site is designated for medium density residential in the Highland Hills Specific Plan. An Initial Study was prepared and presented to the Environmental Review Committee 31:\ , ,'.., '- '-' '-' CITY OF SAN BERNARDINO PLANNING DEPARTMENT CASE CliP 87-~ OBSERVATIONS 1 11/4/87 14 AGENDA ITEM HEARING DATE PAGE and a Negative Declaration is proposed. The public comment period has not expired, therefore action can not ~e taken. With the request and modification of recreational vehicle parking requirement, and a minor adjustment made to the main recreational building proposed to meet Greenbelt separation requirements, the project meets code requirements. RECOMMENDbTION Staff recommends the Commission hear public testimony and continue the item to the meeting of November 17, 1987. Respectfully submitted, Attachment A-General Plan and Zoning Conformance Attachment B-Finding of F~ct Attachment C-Tentative Conditions Attachment D-Initial Study Attachment E-Comments Received Attachment F-Location Map t.t() - ,""" ....... ......, r~", ) -..,.I ATTACHMENT "A" CATEGORV PROPOSAL MUNICIPAL COIlE GREENBELT GENERAL PLAN SPECIFIC PLAN Apt. Complex 224 unIts PRO 2.3 NfA Foothill Multl-Famlly Requtres C.U.P. Lot She 14.10 acres No mtntm.... No mint...... Defer to zonlng ord Inance NfA DensIty 15.B8fac 2.3 dufac denstty Denstty transfers 2.3 dufac 8-14 dufac transfers permttted encouraged densIty transfers S.8.M.C. 19.18.080 encouraged 8ldg. HeIght 2 storles 2 1f2 storIes or 35 NfA Defer to zontng ft.; 20 ft. within ordtnance ,NfA 75 ft. of R-1 property Bldg. Bulk 5 units 6 units NfA . Defer to zoning NfA ordinance Bldg. SeparatIon 30 ft. mlntoll" Not addressed 30 ft. Defer to zonlng NfA ordinance , Parking 454 total 2 per unit plus NfA Defer to zoning NfA 224 covered yue.t parklllg . ordinance (Number unspecIfied) . RV Storage Wa her 1 per 10 untts NfA Defer to zontng NfA requested ordinance Access 2 dedicated 1 on dedicated alley 2 dedIcated Defer to zonlng 2 access lleans or street, or private Ingressfegress ordinance polnts for street. this site Street Grade 3% maxIm... NfA 12% - 14% Defer to 12% maximum subdlvtslon ordinance Street Width 30 ft. private Hlnlm... 24 ft. Hint..... 26 ft. Def er to C...p ly with 50 ft. Arroyo paved . subdlvls Ion City Vista; 88 ft. ordtnance standards HIghland Ave. Landscaptng Irrigated, Common open space Fire resistant . Defer to zonlng Irrlgate drough t vegetation ordinance usable areas rest stant within 200 ft. ! of structure, l' 40 ft. of wi Iderness Open Space 55.3% usable 25% IIlntm... " 100 ft. fuel breaks ' Preserve open Preserve I on wtlderness sIde space natural of development areas Stte Coverage 17.06% 40% maxtm.... NfA Defer to zonIng 191 maximum including ordinance overa 11 pavtng Roof Material ll1e NfA Non-combustible Not addressed NfA reaulred 1\\ -----+ , ~ - '-' CITY OF SAN BERNARDINO PLANNING DEPARTMENT CASE _ FINDINGS of FACT AGENDA ITEM . HEARING DATE-n/4/87 PAGE 15 ATTACHMENT B Should the Planning Commission vote to approve the proposed project, a positive finding for all of the following must be made. Should the Commission vote to deny the proposed project, a negative finding must be made for at least one finding in each category. These findings are required by Chapter 19.18 (Subsection .210) to determine the project meets the objectives of the Planned Residenital Development District. 19.18.210 Specific Objectives. In addition to the determination that the plan complies with the purposes 'of planned residential development, the commission shall find that the following specific objectives are satisfied by the plan: . A. The overall Plan should be comprehensive. B. In'relation to the scope and complexity of the development its size shouldbe such as to effect an integral land planning unit and provide for adequate open spaces, circulation, off- street parking and pertinent development amenities. C, Diverse functional elements should be well integrated, property oriented, and properly related to the topographic and natural landscape features of the site. D. Developments should be well related to existing and planned land use and circulation patterns on adjoining properties and should not constitute a disruptive element, with regard to the character of adjacent neighborhoods. E. The layout of structures should effect a conservation in street and utility improvements. F. The internal street system should be designed for the efficient and safe flow of vehicles without having a disrup- tive influence on the activities and functions of the common areas and facilities. . 4:). c ,- " , ....,) ....... CITY OF SAN BERNARDINO PLANNING DEPARTMENT CASE, FINDINGS of FACT 1 11/4/87 16 AGENDA ITEM HEARING DATE PAGE G. Park and recreational areas and facilities should be located in close proximity to all dwelling units or easily accessible thereto if possible. H. The various community facilities should be grouped in places well related to the open spaces and easily accessible to pedestrians if possible, dependant upon harmonious design. I. Architectural unity and harmony within the development and with the surrounding community should be attained as far as possible. The second category of Findings relates to the approval or denial of a conditional use permit. San Bernardino Municipal Code 19.78.050 states: 19.78.050 Required Findings: . All conditional use permits may be granted by the Mayor and Common Councilor Planning Commission after the required public hearings. Before the Mayor and Common Council or Planning Commission may grant any request for a conditional use permit, it must make a findings of fact that the evidence presented shows that all of the following conditions exist: 1. The proposed use conforms to the objectives of the City's General Plan Elements; 2. That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located; 3. That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare; 4. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways " designed and improved to carry the traffic in the area, and that adequate parking is provided; 5. That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to \.. I L\3 - ...,." ,...'", , , '- v " CITY OF SAN BERNARDINO PLANNING DEPARTMENT FINDINGS of FACT CASE _ AGENDA ITEM 1. HEARING DATE 11 / 4 / 'd 7 PAGE 17 , the peace, health, safety, and general welfare of the' citizens of the city of San Bernardino. . Al\ """" mj ATTACHMENT H , .......,1 .....,; ,J AGENDA ITEM # 1 CITY OF SAN BERNARDINO PLANNING DEPARTMENT' LOCATION CASE CUP 87-5 HEARING DATE 11/4/87 o .. g . a: % " w ... .. ... c a: ... u .. >- ... u . "0" "0" HIGHLAN *\ ... ::> z ... ~ l~ "0" "0" P. 2,3 P.R.D. 2.3uni15/ac. .. c -- ARROYO ~/" . ~5 - l ........ ;' '^ ....... " ) ,,-,) ATTACHMENT E CITY OF SAN BERNARDINO PLANNING DEPARTMENT INITIAL STUDY CONDITIONAL USE PERMIT NO. 87-5 for a 224 Unit Apartment Project Known as Quail Woods Apartments at the north side of Highland Avenue approximately '1200 feet east of Boulder Avenue in the Highland Hills Specific Plan October 8, 1987 Prepared by Edward L. Gundy Planning Department 300 North "D" Street San Bernardino, CA 92418 Prepared for Dennis Martin P. O. Box 6000-333 Palm Desert, CA 92261 !\(o ----.' -, \.... , Section 1.0 2.0 2.1 2.2 3.0 3.1 3.2 3.2.1 3.2.2 4.0 4.1 4.2 4.2.1 4.2.2 4.2.3 4.2.4 4.2.5 5.0 6.0 '"-, , / TABLE OF CONTENTS Introduction Executive Summary Proposed Project Project Impacts project Description Location Site and Project Characteristics Existing Conditions Project Characteristics Environmental Assessments Environmental Setting Environmental Effects Traffic Flood Potential Services/Facilities Seismic Cumulative Impacts References Appendices Appendix A - Environmental Impact Checklist Appendix B - Liquefaction Study Appendix C - Letter from Dr. Williams March 8, 1987 Appendix D - Letter from Gary Rasmussen and Associates April 2, 1987 Appendix E - Letter from Dr. Williams Apr il 2, 1987 Page 1-1,1-2 2-1 2-1 2-1 3-1 3-1 3-1 3-1 3-1 4-1 4-1 4-1 4-1 4-1 4-2 4-3 4-3 5-1 6-1 6-2 6-4 6-5 6-6 Ll, - , / r .......' , , -..) ", ) 1.0 INTRODUCTION This report is Initial Study known as Quail provided by the for the proposed Woods. City 224 of San Bernardino as an unit apartment project As stated in Section 15063 of the State of California Envi- ronmental Quality Act (CEQA) Guidelines, the purposes of an Initial Study are to: 1. Provide the Lead Agency with information to use as the basis for deciding whether to prepare an EIR or a Negative Declaration. 2. Enable an applicant or Lead Agency project, mitigating adverse impacts is prepared, thereby, enabling the qualify for a Negative Declaration. to modify a before an EIR project to 3. Assist the preparation of an EIR, if one is re- quired by: a. Focusing the EIR on the effects determined to be significant. b. Identifying the effects determined not to be significant. c. Explaining the reasons for determining that potentially significant effects would not be significant. 4. Facilitate environmental assessment early in the design of a project. 5. Provide documentation of the factual basis for the finding in a Negative Declaration that a project will not have a significant effect on the environ- ment. 6. Eliminate unnecessary EIR's. 8. Determine whether a previously prepared be used with the, project. The possibility the project will involve tion of facilities in an area which flooded during an intermediate regional ized flood. EIR could 7. construc- could be or local- 9. The possibility the project will involve construc- tion of facilities or services beyond those pres- ently available or proposed in the near future. 1-1 ill;) r "-' /' " ~~ ".~. 10. The possibility the project is located in immediate area of any adverse geologic nature such as slide prone areas, highly erosible soils, earthquake faults, etc. 11. The possibility the subject project will have an impact either together or in conjunction with effects of other projects cause a cumulative significant adverse impact on the environment. 1-2 - ") 'r_. "n. - /'" \.."... - - ) 2.0 EXECUTIVE SUMMARY 2.1 Proposed Project The request is for approval 19.18.040 (c) to establish a approximately 14.10 net acres. 2.2 Project Impacts Impacts identified in the attached checklist include: under authority of Section 224 unit apartment complex on 1. The possibility that significant increases in either noise levels, dust odors, fumes, vibration or radiation be generated from the project area, either during construction or from completed project other than those resulting from normal construction activity. 2-1 ~o - L 1"'"..... \...... ".,1 3.0 PROJECT DESCRIPTION 3.1 Location The proposed 224 unit apartment project Highland Avenue approximately 1200 feet the foothills of the San Bernardino Highland Hills (see Location Map) 3.2 Site and Project Characteristics is loca'ted north east of Boulder mountains, known of in as 3.2.1 Existing Conditions The site is irregularly-shaped parcel encompassing approxi- mately 14~10 net acres. The terrain generally can be described as sloping from north to south with the elevation being 1550 feet along the north boundary line at a low point of 1490 feet at the south west portion of the site. The site is presently vacant land with chapparel vegetation dominating the landscape. 3.2.2 Project Characteristics The proposed development will encompass the majority of the 14.10 acres of the site. A 'finger' of land extending north and adjacent to Arroyo vista Drive will be left as unbuild- able. The project will consist of 28 two story buildings. Each building will contain eight units. The total area of buildings will consist of 17.06% coverage comparing to the overall site. The covered parking spaces will encompass another 6.56% for a total of 23.62% structural coverage. Two hundred twenty four on site in conformity requirements. A total provided. A minimum separation of buildings is within the Greenbelt Study for zone proposed to be less than 30 feet building. covered parking spaces are proposed with San Bernardino Municipal Code of 460 parking spaces are being 30 'B'. from feet Two the as required buildings are recreational In the southern portion of the site lies the semi-improved channel for Cook Canyon Creek. An easement is being estab- lished for channel improvement purposes for Cook Canyon Creek. Two primary access points are established on Arroyo vista Drive. A third secondary access point is being estab- lished across Cook Canyon Creek Easement from Highland Avenue. The Fire Department has established a stipulation that this fire access be a bridge in order to qualify as an all weather roadway. 3-1 ~\ c" ',-.,j , "' 4.0 ENVIRONMENTAL ASSESSMENT 4.1 Environmental Setting The subject site is an irregularly-shaped parcel of land con- sisting of 14.10 net acres. The site is bounded on the east by the proposed alignment of Arroyo Vista Drive, the south by the present alignment of Highland Avenue to the west by the City creek flood plain and to the north by the San Bernardino Mountain Range. The site is zoned PRD-2.3 (planned Resi- dential Development at 2.3 units per acre for the entire Highland Hills Specific Plan). 4.2 Environmental Effects The Environmental Impact Checklist identifies five areas of potential concern regarding the project. Each item checked "maybe" or "yes" on the checklist is identified below, followed by the recommendated mitigation measures. 4.2.1 Traffic Would significant increases in either noise levels, dust odors, fumes, vibration or radiation be generated from project area, either during construction or from completed project other than those resulting from normal construction activity? The traffic from heavy equipment and trucks will be brought into the area during the construction period of the project. Limit the hours of heavy vehicle traffic so as to not con- flict with normal vehicular traffic during peak hours. 4.2.2 Flood potential Will project involve construction of facilities in an area which could be flooded during an intermediate regional or localized flood? Flooding may come from both the Cook Canyon Creek that traverses the southern portion of the site as well as the potential of flooding from City Creek to the west of the site. Flood control district has made improvement plans for the Cook Canyon Creek. The improvement primarily consists of a rock lined channel 32 feet in width with a 15 foot access roadway to each side of the channel. Improvement plans are on file with the City Planning Department, and the 'San Bernardino County Flood Control District. MitiqatiQD_Measures The drainage and flood control plan for the site is described in Section 2 above. The purpose of the plan is to mitigate the impacts discussed above. A listing of mitigation meas- ures follows, which should be read in conjunction with the plan. (Pages 62 and 65 of EIR) 4-1 -~ ,f" " ...., /"" .....1 '''', I ".' 1. All natural drainage courses are to be left in their natural state as far as it is possible. 2. Cook Canyon Creek will be retained as a natural drainage course for its entire length within the property. 3. Where natural courses are interrupted by development, the surface water run-off will be diverted, as shown on the plan, and re-directed back into the drainage. 4. Surface water run-off from developed areas as a rule will be directed onto the streets. In instances where this is not possible, storm drains will be located as shown on the plan. ' 5. The road crossings over Cook Canyon Creek will be all- weather crossings designed so as not to impede water flow or encourage debris accumulation. 6. Since the proposed plan will require grading near the existing debris basin, the construction of a new debris basin is recommended. The final location should be the subject of further engineering study. 7. The area adjacent level sufficient the creek. to City Creek should be to mitigate any flood elevated to a potential from 8. Where there is an erosion potential in the drainage courses, buttresses will be constructed using gabioni. 9. Erosion on cut and fill slopes will be mitigated through appropriate landscaping, benching and drainage swales as required. 4.2.3 Services/Facilities Will project involve construction of facilities or services beyond those presently available or proposed in near future? Police services will be impacted as stated in the EIR on page 98. The impact and mitigation measure is as follows: EnY1I~nmental Impact Development of the project site will require the exten- sion of police service to the area. Depending upon the timing of the development, additional beats may be necessary. In prior analysis related to the annexation of the subject site to the City, the future addition of four (4) officers and one (1) patrol unit was ident- ified. Development of the project site is not antici- pated to seriously impact the ability to continue service at an acceptable level. 4-2 ~~ \..d , , , .'\ -, , '-' --J j 4.2.4 Seismic Will project be located in immediate area of any adverse geologic nature such as slide prone areas, highly erosible soils, earthquake faults, etc.? The entire site lies within the Alquist-Priolo Special Studies zone. Initial and subsequent geologic investigations on the site have determined that the inactive faults which traverse the northern portion of the site are benign in nature and as such may have structures straddle those faul~s. This is contrary to initial comments made within the EIR (page 58) and is based upon subsequent geologic reports. (Appendix 0 and E). In a phone conservation with Dr. Williams (the City's consulting geologist) on September 29, 1987 he indicated that structures may straddle the inactive faults in the project area. The site has a potential for high levels of liquefaction (page 57). Mitigation measures indicated in EIR (page 60) are that ftLiquefaction in this area should be evaluated by a soils engineer and appropriate mitigation measures should be incorporated into foundation design. A liquefaction study has not been submitted but the site is known for this poten- tial as very high. 4.2.5 Cumulative Impacts Will any effects of the subject project together or in conjunction with effects of other projects cause a cumulative significant adverse impact on the environment? The cumulative impact of is of concern. A traffic (page 67) addresses: The area land use Existing circulation system Existing traffic volumes Trip gene rat ion Roadway capacity Traffic signal warrant traffic on the surrounding roadways study in conjunction with the EIR The mitigation measures (page 80) illustrates that the street systems improvements will be necessary by 1995 (1981 estimate). The applicant would not necessarily be finan- cially obligated for all of the improvements. The applicants responsibility for proportional funding of these improvements should be determined through the use of proportional average daily traffic factoring method. 4-3 LA c '"' "'-' ~. '~ .....~J 5.0 References Dr. Floyd Williams - San Bernardino City Consulting Geologist Highland Hills Specific Plan/EIR Circulation - page 30 Flood Control - page 62 Facilities & Services - Page 98 Grading - page 56 Cumulative Effects - page 80 Preliminary Soils and Liquefaction Investigation CHJ Inc. (on file in City Planning Department) Fault Investigation for a portion Leighton and Associates (on file Planning Department) of Area 'A' in the City Subsurface Engineering Geology Investigation of Highland Hills - Gary S. Rasmussen and Associates, October 7, 1981 (on file in the City Planning Department) Improvement plan for Cook Canyon Creek Parcel Map No. 9166 (on file in the City Planning Department) 5-1 ~e:: c t-'''', V /-\ 'j .- ...... ,) Quail Contractors, Inc. April 2, 1987 Parcel Map 9166 Project No. 1032.5 found in these alluvlal sediments, we understand the City desired to have bulldlngs not placed directly on it. SITE INVESTIGATION A subsurface Investigation of the site was conducted on March 26, 1987. In addition, our Investigation Included review of stereoscopic aerial photographs flown In 1930, 1953, 1968, 1971 and 1978, and review of pertinent geologic literature and maps, Including review of previous Investigations on the Highland Hllls Residential Development and other nearby projects. Approximately 150 feet of trench was excavated within the northern portion of Parcel 3 utlllzlng a rubber tire backhoe. The trench was approximately 10 feet deep and approximately 3-5 feet wide at the surface. The trench was excavated In a northeast-southwest direction In order to Intercept at a relatively high angle any faulting associated with the northwest- trending Fault A. In addition, approximately 50 feet of cut was cleaned and examined for evidence of faulting within the bedrock materials. Both the cut and trench exposures were examined in detail by an engineering geologist and geologic logs were made. Floyd Williams, geologist representing the City of San Bernardino, examined the trench and cut. The locations of the trench and cut are shown on Enclosure 1. The geologic logs are Included as Enclosure 2. The lowermost materlais exposed within the trench consisted of red-brown slity sands, gravels and occasional boulders. These materlals are suspected to be Pleistocene In age based on soll development, calclu~ carbonate clast coatings, weathering of specifiC clast lithologies, Induration and topographic position. These materials can be grouped Into two general units consisting of gravels and sllty sands as shown on the trench log. The Pleistocene-age materials were unconformably overlain by sands, sllty sands and gravels of suspected Holocene age. No faults or fault-related features were observed within the trench. 2 G.A.RY S, R.A.BUUBSlIIIN .. .A.BSOCIA'l":BlS GCD , (."j '-' " ~"."'\ '-" '\. ,,/ ) Quail Contractors, Inc. April 2, 1987 Parcel Map 9166 Project No. 1032.5 Cleaning of the cut slope exposed conglomerate which Is part of a sedimentary sequence referred to as Potato Sandstone. The cut exposed several bedrock fractures. Most of these fractures are relatively minor and are not expected to be directly associated with primary faulting. The most significant fracture observed within the cut trended subparallel to the suspected trend of Fault A but was tensional In character and was not primary faulting. CONCLUSIONS AND RECOMMENDATIONS No evidence for any faulting was observed within the trench. Therefore, surface ground rupture due to primary faulting Is not expected within the northern portion of Parcel 3 during the lifetime of the proposed development (next 100 years). Since no evidence for any faulting was found In materials even older than those used to previously determine that this fault Is not active, human occupancy structures need not be set back from the location of Fault A as shown on Plate 1 of Project No. 1032-2 and Enclosure 1 of this report. The approximately 150-foot long trench was backfilled and the backflll was wheel rolled. The significance of the trench backflll with respect to future foundation loads should be evaluated by the solis engineer. Respectfully submitted, GARY S. RASMUSSEN & ASSOCIATES, INC. 0J~ Wessly A. Reeder Project Geologist //~~ Gary S. Rasmussen Engineering Geologist, EG 925 3 G....RY e, :R.AB1ool:'CJ'BBJIlN .. ....BBOCI....'rlIlB .:::", .- . ....-, " ". "'.- .....,J' Quail Contractors, Inc. April 2, 1987 Parcel Map 9166 WAR:GSR/pg Enclosure 1: Trench Location Map Enclosure 2: Trench and Cut Logs Dlstrlbutlon: Quail Contractors, Inc. (6) 4 a.A.RY S, :R.A.SUUSSlIlN.to .A.SSOO:t.A.TJIlS ,) Project No. 1032.5 5<a , '~ '......"'.. "'~J - .. .. .. , I - -.. hi -!g > -l!l I~ -t - .. .. ~ .. ~ l n . If! ~ . . u: l~~i ~ ;; aff g~ 0 " ~ 5'\ N h'-"glii 0 . " ~ri M . e a .. ~ . t' "'. . .. e: 0. < g~~ . " " 9f~ ~ " ., 0 ... ~ , 0 :2 ~ '\ ... 0 .. ..- :g I ~ I c;; < I ~d I I !1~ ~- I I I :~l~i~ I I I $1- IliM ~ , ~I , I E~~ I ill !il- 1 . I t I , g:C I I I ~_II a I , . ~ , I '< I ~ I lit- I ~ I h I * ~ !I I < I 11 I ~ il_ I n ~ 'if .' I r{P h < I 1ti ~. li' ~- m I !!.II t I t I }' I 1 < ~I 0 I) , ~- ..:1 1 i\ - l' ~I " t "I cd II I ~-Il (I 1:1 'I l~ I :. 1 l' 11 , i [I It I :!. il 01. I 'I ~I s_ I 1 1l ~ I . ., < , h I I I , I il- I n < , , , I ~I , , - I " .. 1 " , ~ " I " 1 I - " " . I " lil- t .. I " ~ I ~ c I " , I . < " 1 ~ I " , I . !~ - , I ~ c 0 I . I N ~-l!l 1 ~I ~ .t " {O !1'~ I 0 li:1' I t ~ "- 1 111' ' " , t ;,. I .~ ~~~1 I ~ : 1-" ~;; ;1: I I - Ii- I I " . " I ~ I " . I u \ ~ , I , I 0 l!! 0 ... 0 ... .. ~ .. (00 ~ ~ - ,.. - , , .'" v , ENCLOSURE 1 TRENCH LOCATION MAP Gary S. Rasmussen & Associates, Inc. uail Contractors - Parcel 3 of Parcel Map 9166 Highland Hills, San Bernardino, California Project No. 1032.5 Scale: 1" = 200' ~,:: .....<- '" , I L~ .. , Flll Young stream deposits Old fanglomerate Alluvium Potato Sandstone, conglomerate facies'-'~'- .._-~'-=-=o Fault, dashed where approximate, dotted where burled . f Qyal Qof Qal Tpsc Contact, dashed where approximate, dotted where buried Gary S. RaSMUssen & Associates, Inc (0\ - - - . , , , '1....' " -~-. v . FLOYD J. WILLIAMS, Ph.D. MINING ENGINEER AND REGISTERED GEOLOGIST #2143 . '30 SlMvIclg. Woy Redlanc:l':CollfotnlG 92373 17'41792.1201 MEMORAHDUM ,TO: MI'. . let G\Incly. , lanner . City of San Bernardino . , DATE: SUB.JECT: I'l,Oyet J. NUU~~ R~",:~d Ge~lOght 'April Z, lt8~~~ ~':.t'~~~ Review of ge010gi:~report, ~roject No. 1032.5, by Ras.ussen a Associates for Quail Contractors, Inc. .. I'ROM: ----------------------------------------------------------------- TITLE or RE'ORT: Subsurface Ingineering Geology Investigation of 'arce1 3 of 'arcel Map t166, "st'Highlands Area, San Bernardino, California. 'repue4 by Gary S. belllussen 'Associates. Dated: April 2, 1"7. f. ;. 'ROCEDURES USED IN EVALUATIHG REPORT: ", ;P, r ." 1. Made trench inapection on 3/ZI/87.'. i , 2. Exaained stereoscopic aerial' photographs' of the area flown in lt34, ltlt, and lt71. CONCLUSIOHS AND RECOMMENDATIOHS: 1. Ho faultlng was obeerveet ln tbe trench 01' slde-bil1 cut a1tbougb se41.entary 1aye1'8 of presumed 'leist- ocene age and older were expo~ed by tbe excavatlons. 2. I ooncur witb tbe conc1usione and reco..endations of of the report. The l'au1t -A- as originally project- ed acrose the parcel is either. not present in tbe viclnity or le burled below 'lelstocene strata and . therefore conslderedlnacUve. Human occupancy structure. need not be .et back fro. the orlgina1 . projected location of the fault. 3. Tbe report .eets the require.ents of the A1quist- 'rio10 Special Studies Zones,Act. I - - -~ ~ '-h ..J !-- G(,:.It.:JY d 1(/. - ...n-o:-- FLOYD J. WILLIAMS, Ph.D. MINING ENGINEER AND REGISTERED GEOLOGIST #21<13 130 Sunrids. Way, ' R.dlands. California 92373 (71<11792.8208 MEMORANDUM TO: Mr. Ed Gundy, Planner City of San Bernardino San Bernardino. California FROM: Floyd 3. Williams. R.gistered~ologist DATE: 'Mar~h 8, 198~C~\.. /t:;~~o/ " ' SUB3ECT: Activity of Fault A, East Highland Hills, An extension of Geological Report No. 117 (Project No. 1032.2, Rasmussen) I have reviewed at your request the letter dated April 15, 1986 to Highland Hills Development from Gary S. Rasmussen & Associates that deals with the activity of Fault. A as iden~ified on the East Highland Hills Residential Development. MY' memorandum to the Environmental Review Co~ittee of November 11, 1981 is an evaluation of the Geologic~l Repor~No. 1l7, which is the comprehensive geological study ot. the subject property. O~le of my recommendations was that st~uctures fer human occu9~nc, !'hould not be placed astride Fault", A, B, and':; as shown Oil the 200-5cale geological map accompanying the report. Today I examined the outcrops along Fault A with a copy 0: the Rasmussen & Associates report for Project No. 1032-2 in hand. The fault trends from 60 to 75 degrees west ot north, generally parallel in strike to the main south branch of t.he San Andreas Faul t located from 800 to 900 feel: to the !:c'l,;h. Later I l."- examined ~erial photos flown in 1933. 1909, and 1971. Wh~re evident vn steep slopes, the dip of Fault A is no to 90 degrees off the horizontal. Surface expressions of t~e fault trace include saddles, breaks in slope, and a prono~nced linear sca~p on the west side of City Creek. Geological controls on the amount of displacement on Fault A are not precise, but the scarp west of City Creek indicates 10 to 20 feet or more of vertical component of movement in the past. CONCLUSIONS AND RECOMMENDATIONS: Fault A breaks the bedrock to the surface except where it is buried by a thin layer of Quaternary sediment. Due to its proximity to the active San Andreas Fault and its nearly parallel orientation. I presume that it was formed o~igl~ally due ~o APPENDIX c 6-4 CJ>~ 'c" ( I ~ - " "-'" " ',,/ Memorandum: Gundy/Williams, East Highland Hills, 3/8/87, pg. 2 forces that' caused movement on the main fault. After giving careful and respectful consideration to the subject memorandum by Rasmussen <<Associates, I remain of the opinion that structures for human occupancy should not be built astride Fault A. My recommendation does not call for a setback from the fault, but that foundations of the proposed structures not extend across the near-surface or surface location of the fault. There is a reasonable possibility that Fault A would exp,er,ience some dislocation in the event of a major dislocation on the main San Andreas to the south. <01.\ '- r CITY OF ....... ~ ..... -'"~ SAN BERNARDINO PLANNING DEPARTMENT ~ ENVIRONMENTAL REVIEW COMMITTEE \..ENVIRONMENTAL IMPACT ,CHECKLIST ~ ,.- ~ A. BACKGROUND . l. Case Number (s) : Conditional Use Permit No. 87-5 Date: 10-8-87 2. Project Description: A 224 unit apartment project in the Planned Residential Development. , , , 3. General Location: north side of Highland Avenue approximately 1200 feet east of Boulder Avenue. ..--,------ ...--.---- " B. ~:NV lltoNMI\NT AL IMPACTS .- YES MAYBE NO - l. Could project change proposed uses of land, as indi- cated on the General Plan, either on project site or .. within general area? -L .. - - 2. Would significant increases in either noise levels, dust odors, fumes, vibration or radiation be gener- ated from project area, either during construction or from completed project other than those resul t- ing f rom normal construction activity? X - - 3. Will project involve application, use or disposal of hazardous or toxic materials? ,. X - .. - 4. Will any deviation from any established environ- mental standards (air, water, noise, ligh t , etc. ) and/or adopted plans be requested in connection with project? X - -- , 5. Will the project require the use of significant amounts of energy which could be reduced by the use of appropriate mitigation measures? X - 6. Could the project create a traffic hazard or congestion? X - - 7. Could project result in any substantial change in quality. quantity, or accessibility of any portion of region's air or surface and ground water re- sources? X '" ~ ,-, ' . MAY 81 APPENDIX A 6-2 E.R-C. FORM " PAGE I OF' lD5 f -.,; ~ '-' '~.. " 8. Will p~oject involve construction of facilities in an area which could be flooded during an inter- mediate regional or localized flood? 9. Will project involve construction of facilities or services beyond those presently available o~ pro- posed in near future? 10. Could the project result in the displacement of community residents? 11. Are there any natural or man-made features in pro- ject area unique or rare (i.e. not normally found in other parts of country or regions)? 12. Are there any known historical or archaelogical sites in vicinity of project area which could be affected by project? 13. Could the project affect the use of a recrea- tional area or area of important aesthetic value or reduce or restrict access to public lands or parks? 14. Are there any known rare or endangered plant species in the project area? 15. Does project area serve as habitat, food source, nesting place, source of water, migratory path, ' etc., for any rare or endangered wildlife or fish species? CUP 87-5 YES MAYBE x x 16. Will project be located in immediate area of any adverse geologic nature such as slide prone areas, highly erosible soils, earthquake faults, etc.? X 17. Could project substantially affect potential use or conservation of a non-renewable natural resource? '18. Will any grading or excavation be requi~ed in connection with p~oject which could alter any exIsting p~ominent surface land form, i.e., hill- side, canyons, drainage courses, etc? 19. Will any effects of the subject project together or in conjunction with effects of other projects cause a cumulative signHicant adverse impact on tile cnvironmellt? X ~) NO x X X X .:x '.X ':, "- X .X lDCtI - .C 1'" '-' " .; CUP 87-5 C. SUMMARY OF FINDINGS AND CUMULATIVE EFFECTS If any of the findings of fact have been answered YES or MAYBE, then a brief clarification of potential impact shall be included as well as a discussion of any cumulative effects (attach additional sheets if needed). D. MITIGATION MEASURES Describe type and anticipated effect of any measures proposed to mitisate or , eliminate potentially significant adverse environmental impacts: , E. DETERI'IlNATION On the hasis of this initial evaluation, o We find the proposed project COULD NOT have a significant effect on the environment and a NECATIVE DECLARATION will be prepared. . . o We find that although the proposed project could have a significant;; effect on the environment, there will not be a significant effect,.,tli , this case because the mitigation measures described on an attached 'sheet have been added to the project. A NEGATIVE DECLARATION WILL BE PREP~~ED. o We find the proposed project MAY have a significant effect on the environ- ment, and an ENVIRONMENTAL IMPACT REPORT is required. ENVIRONMENTAL REVIEW COMMITTEE CITY OF SAN BERNARDINO, CALIFORNIA (Secretary) DATE: CDl - - c ~. ", '-" "._,) 6.0 Appendices Appendix A - Environmental Checklist Appendix B - Liquefaction Study Appendix C - Letter from Dr. Williams, March 8, 1987 Appendix D - Letter from Gary Rasmussen and Associates April 2, 1987 Appendix E - Letter from Dr. Williams, April 2, 1987 csj 10-1-87 DOCUMENT: MISCELLANEOUS ISCUP87-5 6-1 . - \ ,t 11 , ,. ,.1 , , " ~ ,; ,'~ . -, ,~. . , I~ , 'i <(':: d; 'In lie (08 - '" ~ df >r(~y aiA'(-- COUNTY OF SAN BERNARDINO ENVIRONMENT AL PUBLIC WORKS AGENCY 'C C: D~PARTMENT OF TRANS JRTATION/ FLOOD CONTROLlAIRj'ORTS ~-, \ 825 East Third SUetl . San Bernardino. CA 92415-0835 . (7141387.2800 ATTACHMENt ID ,~\\\lIlJfr./ .......~ t 1;:,. ..:::-.; ~ - :::- -:::-- -=::- -4. ~....... /'lPI'II\\~~' April 29. MICHAEL G, WALKER Director 1987 File: 3-301/1.00 3-306/1. 00 I;. i]Q9. oj 1~ rl) , I~; .l (1(,:~ 1 J "'.~""'\ /il11 '2) ,-... - i:~ :~'. L City of San Bernardino 300 North "D" Street San Bernardino, CA 92~la elr: i. S:~~l i:.:.~... c '~\lT ,.'..1...1 .- .oJ ". ,._...;" , t..f'\ Attention: Mr. Don Williams ;~ '" Re: Zone 3. Ci ty Creek and"': ' :+ Cook Canyon Channel _ !i Conditional Use Permit 87-5 . Gentlemen: Reference is, made to your Agency Comment Sheet with accompanying maps requusting the District's comments and/or reco~nendations on the referenced development. The site is located on the north side of Highland Avenue and west of Arroyo Vista Drive. in the northeast portion of the City of San Bernard ino. TIlis site abuts on the west a major watercourse known as City Creek and 'an existing natural drainage course which outlets flow from Cook Canyon along the southerly boundary. Both these watercourses have experienced highly debris laden flows in the past. " ,i,; In our opinion, tha.se portions of the site lying,' in and abutting 'City Creek are subject to varying degrees of flood hazards by reason of overflow, erosion, and debris deposition. in the event of a major storm until such tir.le as permanent debris retention facilities and channelization of City Creek are provided. Those portions of this site lying in and abutting Cook Canyon Channel and its overflow areas are subject' to infrequent flood hazards by reason of overflow, erosion and debris deposition until such time as adequate channel and debris retention facilities are provided to intercept and conduct these flows through and/or around and away from the site. The site is also subject to tributary flows from the smaller canyons to the north and east. Our recommendations are as follows: 1. A detailed drainage analysis be proy ided by the developer 's eng ineer, showing how it is proposed to cope with the serious flood hazards to the site. Any proposal should shnw how flood proofing facilities which meet the Federal and County of San Bernardino's requirements can be provided without adversely affecting the adjacent and/or downstream properties. . ~ . . .,;\ ... ,....... (00. , )- t., Letter to April 29, Page 2 -',.,.' ,'" the City of San Bernardino 1937 2. Adequate provisions shall be made to intercept and conduct the off-site tributary drainage flow around or through the site in a manner I<hich will not adversely affect adjacent or downstream properties. 3. The developer's engineer shall prepare and submit survey cross-sections of City Creek adjacent .to the site 5,0 necessary right-of-way dedications and Building SetbClcks can be determined. The study shall be completed prior to District approval of the proposed development/land division. 4. 5. 6. A permit will be required for any encroachment onto flood Control District right-of-way, and a minimum of six (6) weeks processing time should be allowed. 7. In add i tion to the Drainage Requirements stated herein. other "on-site" or "off-site" improvements may be required which cannot be determined from tentative plans at this time and would have to be reviewed after more complete improvement plans and drainage anaiysis have been submitted to this office. . Section 16:0212(g) of the County Code sets the fee for this review and ,analysis at $125.00. This fee is to be submitted directlY, to the District Office with an indication that it is for Flood Hazard Review of 10 '2862, File tlo. 309.0314. The fee should be mailed to: 8. San Bernardino County Flood Control District Water Resources Division 825 E. Third Street, Room 120 San Bernardino, CA 92415-0835 There will be no further review of, or permits issued for this site until the fee has been received. Should you have any further questions concerning this matter, please feel free to contact the undersigned at (714) 387-2515. m~' , ROBERT W. COCHERO, .Chief lIater Resources Division ;!l in , f '-'" ~ , ,-," ') ,~, ./ ATTACHMENT E STATE Of CAlIfORNtA-lUSINfSS AND TIlANSPORTATION AGENCY GEORGE DeuKMfJIAN. Go_ DEPARTMENT OF TRANSPORTATION DISTRICT 8. P,O" lOX 231 SAN IlfRNARDINO. CAlIfOllNIA 92_ @. , . .. ~. September 30, 1987 Development Revie';" , 08-SBd-30/330-29.52/29.78 Your Reference: CUP 87-5 ,; . City of San Bernardino Attention Planning Department 300 North "D" Street San Bernardino, CA 92418 00 rn (,,) \-", )'1 \'!' (i- n' ;, "~ , c) L. \,,: " ill) OCT 0 l' 1987 Dear Mr. Gundy: CITYPl.M.,:~:'", "mlT S"J ",.'~,.' , "A , /-.1' ....:..;' ,J, ,'. ... ,. ~ /" Thank you for the opportunity to review the proposed Conditiortal Use Permit 87-5 to establish a 224 unit apartment complex located on the north side of Highland Avenue approximately 1,200 feet east of Boulder Avenue in San Bernardino. This proposal is considerably removed from an existing or proposed state highway. Although the traffic and drainage generated by this proposal does not appear to have a significant effect on the state highway system, consideration must be given to the cumulative effect of continued development in this area. Any measures necessary to mitigate the cumulative impact of traffic and drainage should. be provided prior to or with development of this area. We have the following comment on this proposal: The developer should coordinate the outlet of Cook Canyon Creek with Caltrans to ascertain compatibility with our upstream design in the area of City Creek. If additional information is desired, please call Mr. Will Brisley at (714) 383-4671. , Very truly yours, , Engineer "1\ -- ~ ~-_..,,_. ._........"'__."'~..~~ _... '~L._"~<_~ '''_L~ __-.... _. ....'. ,.,_ ........~". '-" "'''": ~_ ~. ....,~. ATTACHMENT F ------'~_r.-.--. n JOSEPH E. BONAOIMAN & ASSOCIATES, INC. ENGINEERING ARCHITECTURE PLANNING 606 E, MILL STREET. SAN BERNARDINO, CALIFORNIA. MAILING ADDRESS: P,O, BOX 5852 . SAN BERNARDINO, CA 92412 . (714)885-3806 October 19, 1987 \:' ~ City of San Bernardino Planning Department 300 N. "D" Street San 'Bernardino, CA. 92418 Attn: Valerie Ross Re: Highland Hills Dear Ms. Ross, ~ I "~'~ ',1 The Highland Hills Specific Plan references the phasing plan (see 2.2.12), page 45, of the 581 acre development. Parcel Mop 9166 covers the lower, flatter portions of the subject property and is the site locations for CUP 87 - 47, and CUP 87 - 5, which is a sub-phase of Phase I. The residential pads within Parcel Map 9166 will be graded to permit surface water drainage back to the street, the streets in turn are designed to carry local drainage within the street right-of-way. As indicated in Section 2.2.7 of the Specific Plan the Highland Hills property (page 33) is not situated in a major flood plain, with the exception of the southwest corner which could be affected by a 100 year flood on City Creek. San Bernardino County Flood Control District has recommended that we either setback from the 100 year high-water mark, 100 feet', or improve the channel to contain the 100 year storm as was done down stream. ij In the Highland Hills Specific Plan reference is made, page162 (c) 8, "where there is an erosion potential in the drainage courses, buttresses will be constructed." Due to erosive velocity's (along Cook Canyon Creek) improvements will ,be required. We have proposed the improvement to City Creek as per attached. These improvement plans will be approved by City Public Works and San Bernardino County Flood Control District. Cook Canyon Creek has been designed per the requirements of the Highland Hills Specific Plan as well as the San Bernardino County Flood Control District. The plans are presently being checked by the County. 'I'here is a diversion dam and debris basin on Cook Canyon Creek up stream and off site of the property. The dam was originally built in 1916 and further enhanced in 1958 with the development of Tract No. 5299. "1;}' -- --C'" _ ....,...:t.tCl;,......,..........., 1t"1.........,~u.t.l>oU.'-...n. I~.......~l ."...~f..!Ilr,.._. .---u,g-.....- ~-~.,.....,. 7"----- '" San Bernardino County Flood Control has an easement over the dam, the debris basin and their access roads. The dam has been checked by the County and the Division of Dam Safety, State of California. The property has 224 sewer permits with the remainder to be purchased at the time of development as required by the City of San Bernardino. The off-site sewer line is under design with necessary easements being condemned under the authority of the East Valley Water District. , i Water will be provided by East Valley Water District per a letter of agreement, copy enclosed. The 'geologic hazard zone which was defined Associates, in their report 6840844-02, dated will be defined on the final Parcel Map. , by Leighton and January 8, 1984, With any liquifaction potential on the subject site, design recommendations will be submitted by a soils engineer and approved by the City of San Bernardino Public Works Department and City Geologist. Access to the site is being provided for per the Parcel Map. Sincerely, ASSOCIATES. INC. " 'il: ,\ ";' enc. t , :1 'If ,~ . ~ , "f I 't: )' , 'il \~ i \ (..., ..... ~EPAR~MENT OF TRANSPC{'lT A TION/ "FLOOD CONTROL/AIRPORT" 825 Easl Third SI"ot . Son B..nordlno. CA 92415-0835 . 17141387.2800 ATTACHMENT \" '( ,~\"I .- ......~t'11,. ....:::-; ~ - -- --:;:.. .:;;... ""':7. ~...... /1f'/JII\\\~' September 2~, '..p-. -='.5'-'~"'/ I.. '.. /.: /- COUNTY OF SAN BERNARDINO ENVIRONMENTAL PUBLIC WORKS AGENCY MICHAEL G, WALKER Director 1986 City of San Bernardino 300 North "0" Street San Bernardino, CA 92418 Flletni-Ml4fl-9~] i\i) 1'2 utt~. qw~ L I!J ~ OCT 19 19B7 \] Attention: Hr. Roger Hardgrave City Engineer C:TY PL~.Hi:;:':G C~?~.;:ii~.'ENT SAN aEilNAiiiJi~JO, CA Re: Zone 3, Cook Canyon Creek PH 9166 Gentlemen: Reference is made to Stephen Ventura's (Bonadiman "Associates) letters d~ted August 5, 1986 and September 12, 1986 with accompanying hydrology and hydraulic calculations, and improvement plans for Cook Canyon Creek, requesting the District's review and comments. The site is located on the east side of City Creek and the north side of Highland Avenue, in the northeast portion of the City of San Bernardino. Our comments regarding the hydrology/hydraulic calculations and improvement plans are as follows: 1. The on-site hydrology is based on undeveloped conditions. The fully developed conditions should be used for the channel design flows. ,,/" 2. The hydraulic analysis of the box culvert as an open channel is insufficient. Please submit a more detailed hydraulic analysis of the box culvert and transition, inoluding water surface profiles. ~.... : (.3. . The channel and box culvert should be designed to handle 100 year storm flows plus bulking and freeboard per County standard criteria. 1-'1'/ / ' r ;-r. '. {,..- r ell. The cross-section of the channel on sheet ) shows the access road as 15 ,feet wide. A 20 foot access road is generally required by the District unless the facility is concrete lined. 5. Caltrans Standard Plan for a single box .culvert is 080 and not 081 as shown on the plans. The plan should be modified to provide a 3" cover for the steel reinforcement in the side walls and II" cover for the base to prevent exposure of the steel due to abraision of the con,crete caused by debris from the unimproved upstream reaches. 6. The design of the channel section for Cook Canyon Creek does not provide for bulking. The channel section should be revised to include bulking. .....:\,... ;.. -::~ :. ".: '; ", ". ~.;', '.~ :!t~. :1.: ..... . '. ,j .' .....:.. .1\,!,.:.-r::; '.'.."lu .-~.., .. .., - -c ? .~ . Letter to September Page 2 , \.,v c ( the City of San Beonardino 23, 1986 7. In the irrf.gular channel section '2, the estimated flow depth exceeds the bank of the channel. Provisions shall be made to intercept and conduct this possible overflow into the improved channel. 8. In determining the rock slope protection per Caltrans "Bank and Shore Protection", the mean stream velocity used is 14 fps. However, at the curved banks, the velocity used should be the four/thirds the mean velocity. 9. The proposed channel and access roads shall be covered by adequate San Bernardino City Drainage Easement. 10. Since the proposed channel is not concrete lined a 25 foot building set'back shall be provided from the City Drainage Easement. 11. Plans were not received for City Creek and hence our recommendation for a 100 foot bUilding setback from City Creek is still valid. 12. Section 16.0212(g) of the County Code sets the fee for this review and analysis at $125.00. This fee is to be submitted directly to the District Office with an indication that it is for Flood Hazard Review of ID 12571, File No. 309.0309. The fee should be mailed to: San Bernardino County Flood Control District Water Resources Division 825 E. Third Street, Room 120 San Bernardino, CA 92415-0835 There will be no further review of, or permits issued for this site until the fee has been received. . Should you have any further questions concerning this matter, please feel free to contact the undersigned at (714) 387-2515. RWC:SA:mjs Very truly yours, I~t {J.,.....~r' ROBERT W. CORCHERO, Chief Water Resources Division cc: Stephen Ventura, 80nadiman & Associates "15 " , .". _ '"- 'tOioliolEHTS DEPARTMENT OF TRANSPORTATION/ FLOOp CONTROL/AIRPORTS 825 eall Thi,d SI"ot . San B..nardino. CA 92415-0835 . 171413B7.2800 I'.J:.CEIVED E-2 ,~\\"'lJfe '~t~."." ~ ~ -=:: :::.- ~ -:::- .......~ ~...... /'If'I'II\\\h October COUNTY OF SAN BERNARDINO ENVIRONMENTAL PUBLIC WORKS AGENCY MICHAEL G. WALKER Director 14, 1987 city of San Bernardino 300 North "D" Street San Bernardino, CA. 92415 File: 3-301/1.00 3-306/1. 00 309.0314 00 ~ &1fuOWn rID OCT 19 1981 Attention: Mr. Ed Gundy Ms. Sandi Paulse~ CITY PLj~i,Ni~;G lJEPARTMENT S,~N BERNARDiNO, CA Re: Zone 3, City Creek and Cook Canyon Channel- Conditional Use Permits 87-5 & 87-47 Gentlemen: Reference is made to your transmittal of Conditional Use Permits and 87-47 to establish a 224 unit apartment complex with accompanying site plans and Cook Canyon Creek Improvement Plans and requesting the District's review and comments. This office has previously reported on this area to the City of San Bernardino by letter dated April 29, 1987. A copy of our previous correspondence is enclosed for your reference. Our comments and recommendation remain the same. The improvement plans have a "San Bernardino County Flood Control District" title block. Recommendation 114 of our April 29,1987 , letter to the C1ty recommended Cook canyon Channel be covered by a City Drainage Easement. If the City desires to have the District consider operation and maintenance of the channel, an official request should be sent to Kenneth A. Miller, Director, Transportation/Flood Control Department. ' The submitted improvement plans have been previously reviewed. Our comments dated March 25, 1987 and September 23, 1986 to the engineer are attached and remain the same. llo t , , 0, ,~ Letter to the City of San Bernardino October 14, 1987 Page 2 Should you have any further questions concerning .this matter, please feel free to contact Mr. Robert W. Corchero, Chief, Water Resources Division at (714) 387-2515. Very truly yours, i2~' ('NI<eA_~'-- ROBERT W. COaCHERO, Chief Water Resources Division RWC:HWS:oj Encl. as noted c~: City Engineering w/encl. Ken Miller Mina Ghaly " . ' \\ ..JPA~TMENT OF TRANSC1RTA'nONI FLOOo..eoNTROLI AIRPORTS ~. /:::. ~~' .....J r l;V COUNTY OF SAN BERNARDINO ~"II"I' ENVIRONMENTAL ....~\t\ I '/~.-' PUBLIC WORKS AGENCY ~ ~ -;::: =:- ~ ...:::- .....~~..... MICHAEL G. WALKER /'If'I'II\\\~' Direclor Ma..ch 25. 1987 825 East Third Straet . San Bo,nordlno, CA 92415-0B35 . 11141 381.2BOO File: 3-306/1.00 309.0309 Joseph E. Bonadiman & Associates 'P.O. Box 5852 San Be..na..dino, CA 92q12 Attention: H... Steve Ventu..a Gentlemen: Re: Zone 3. Cook Canyon C..eek PH 9166 ReCe..ence is made to you.. lette.. of t..ansmittal dated Feb..ua..y 12, 1987. with accompanying imp..ovement plans and hyd..ology/hyd..aulic calculations fo.. the ..efe..enced site, ..equesting the Dist..ict's ..eview and comments. The site is located east of City C..eek, no..th of Highland Avenue, in the no..theast po..tion of the City of San Be..na..dino. This site has been ..eviewed p..eviously. A copy of our September 23, 1986, letter to the City is attached and our current comments are keyed to the letter as follows: Comment '1: Has been addressed. Comment '2: Not addressed. A HEC-2 program was submitted, but the box culvert was treated as an open channel, hence transitions and bridge,losses were not considered. Comment 13: Bulking and freeboa..d a..e inco....ectly calculated. The County standard calls for multiplying the clear water depth in the channel by 1.5 and applying a 3 foot freeboard for velocities in excess of eight feet per second. Also, superelevation for the curved reaches of the channel must be calculated and applied; Comment ,q: Comment '5: Conment '6: Comment '7: Comment 118: Remains as a requi..ement. Has been addressed. See c~mment '3. Has been addressed. The rock slope protection has been designed using flow velocities which are too low. Cal-trans nBank and Sltore Protect ion" criteria should be used. 'l~ L . / ~etter to March 25. Page 2 . . ~ Joseph E. Bonadiman & Associates 1987 / 1 Conunent #9: Has not been addressed. Comment #10: Remains as a requirement. Comment #11: Remains as a requirement. Comment #12: Fee has been paid. Should you have any further questions concerning this matter, please feel free to contact the undersigned at (714) 387-2515., Very truly yours, ~~ ROBERT W. CORCHERO, Chief Water Resources Division RI~C:JJJ:mjs Attachment cc: Roger Hardgrave, City Engineer " 'oj: . " " .' .';' , -!f;' ,q. c I' >0 I.....- ....,,;' HIGHLAND HILLS PROl1ERTIES, A California Partnership p,O, Box 1367 San Bernardino, California 92401 (714) 881-2S18 or (714) 886-4801 I . October 19, 1987 Valerie Ross, Chairperson " Environmental fReview COlDJllictee 'City Planning "Department City Hall 'San Betnsrdin~,CA 92401 " , REI CUP 87-47 CUP 87-5 " Dear Ms. Ross: , ,,, At the ERC meeting of October 8th a number of issues were addressed With respect to the above referenced conditional use permit applications. In order to assist in the orderly processing of these applications, I wish to make the following comments on certain of the issues that were discussed at that meeting. RECREATION: the issue of is quoted: Section 3.6.3 of the Highland Hills Specific Plan addresses recreation. Under section (c), Mitigation Measures, the following "Provisions of' extensive on-site recreation amenities is well 'as permanent open space mitigates demand for recreation amenities......In lieu of Quimby Act Fees the develop~ could dedicate as a neighborhood park the designated 2.3 acre park site which is located below Highland Avenue on the Specific Plan." In subsequent discussions with the City Parks and Recreation' Department the recommendation was made by this Department to the Mayor and Council neither to accept the park nor waive the park fees. This recommendation , was formalized in the subsequent approval by the Mayor and Counc,il of Parcel Map No. 9166. I quote the following from the hearing on this matter designated under Observations as Item 6. "The Highland Hills Specific Plan denotes that parcels one, two, and three are designated ,for medium density residential.at a density of 8-14 units per net acre. Parael number four is designated as being of commercial land uses. On the southern portion of lot line number one is a 2.5 acre site. Comments reviewed from the Parks and Recreation Department state that 'park" <60 ('"". "",,", '-" / Valerie Ross, Chairperson - 2 Environmental Review Committee October 19, 1987 as designated on the parcel map should ~ot be considered city park; rather as an open green belt. This green belt "park" designation will not relieve the developer of paying for park construction fees....". .) TRAFFIC SIGNALIZATION: You expressed the concern at the ERC meeting that ,it was not clear how and when the developer will participate in any future signalization. In Section 3.2.8 of the Specific Plan it states: "The future traffic volumes on the roadway network summarized in the previous sections illustrate roadway improvements that are necessary by 1995. These improvements were developed to minimize the impact that the proposed development would have on the roadway circulation system as well as accomodate future non-project traffic flows. The project applicant would not necessarily be finan- cially responsible for all of the following improvements. The City of San Bernardino will have to determine who will be responsible for making these improvements". As a condition to the adoption of Specific Plan No. 82-1 and change of zone NO. 82-22 the Mayor and Council acted on this Hem by providing as a condition for approval item 15 g which provides as follows: "The required traffic signal at the intersection of the main entrance to the- site with Highland Avenue shall be constructed as an improvement requirement- of the Tract Map containing the 705th unit." and item 15 h "The required traffic signal at the intersection of the secondary entrance to the site with Highland Avenue shall be constructed as an improvement requirement of the Tract Map containing the 8l7th unit." SEWER CAPACITY RIGHTS: During the meeting Mr. Ellis Williams queried whether or not the applicant had adequate sewer capacity rights. Highland Hills Properties owns sewer capacity rights for 224 multiple family units. These' will be made available to the applicants. Attached is a letter from the City Water Department that advises of the availability of sufficient sewer capacity rights to provide for~the remainder of 284 units. Please advise if 'there is other information that would be useful to you or the department. Thank you for your assistance in the processing of these applications. " W. E. LEONARD WEL/IIIW ,. "6\ - - c '-' '--' _.,.' WATER DEPARTMENT CITY HALL 300 N. "0" STREET 92401 . p,o. BOX 710 92402 SAN BERNARDINO. CALIFORNIA (714) 384-5141 BOARD Of WATER CQMMISSIONlRS PltslDlNT MARGARET H. CHANDLER 'if:';::' Mi.., ,0' ,.~,,:.' '1of1o\ ,/0,...... ., ... 'i i:: . .' :: . '- - . . .,. "'''FoR Ui;.i '- COMMl5S10NEIS ROBERT BIVENS EMILIA GARCIA lAMES H. URAl" HAROlD W. WILLIS October 16,1987 Mr. WiUiam ,E. Leonard P. O. Box 1367 San Bernardino, CA 92402 Dear BaZ: In accordanoe with your inquiry, this is to confi.rm that the City of San Bernardino wouZd make 213 SEllJer capacity rights avaiZabZe to you. These 213 sewer capacity rights tJouZd accOlmlodat, th, 284 apartment units referred to in our discussion. Very t:ruZy yours, ~fv~~4-4J~ Herbert B. WesseZ'" GeneraZ Manager HBW:prb HERBElT 8, WESSEL CENf~ MIV'oIACUl IOSEPHF. STEISKAl OIIECTOa. ENCINtfIING. CONSTIUCTION.M"INrfN"NCf BERNARD C. KERSEY OIUCTOR. ADMINISTRATION & FINANCE DUANE B. NORTON DIRECTOR. WAHl RECLAMATION ~~ c ',., ~ ,~' - C I T Y 0 F SAN B ERN A R DIN 0 INTEROFFICE MEMORANDUM 8710-1103 TO: Ann Siracusa, Directo~ of Planning . FROM: G~rald M. Newcombe, Fire Chief SUBJECT: Quail Woods Project DATE: October 2, 1987 ( 7215) COPIES: Ed Gundv, Planning ------------------------------------------------------------- The fire ~ccess roadw~y proposed over Cook Canyon Creek, shall be accompl ished by :inst~ll~tion of an approved brldge~ a minimum of 20' in ~idth. I. The required access to ~ multistory bui Iding does not meet the minimum requirement of 50' from the roadway. Provide access or instal I ~utomatic sprInkler systems for a I I un i, t s . r; (,~(;lV\4-L..~' ~1\~__C.(",<-' <:;.--,,~\...~ , GERALD M. NEWCOM , ' Fire Chief ' 't GN/blm 1, '" r lID ~ @]njWIIDrID .D ..1 l '..J~] II [- OCT 20 1987 Cl"'V .' ,.".,." ,...)""""EN.. I rltoli:;l,,~;.~,;.; t;nilvl I 4 SAN BEii~;"liDirjO. CA i""J' 'a~ - '.,'/ ~ ",.,I , .. -.1 :' ..... I California license No. 2143 FLOYD J. WILLIAMS ~ , , REGISTERED GEOLOGIST ,,~... I 130 Sunridge Way Redlands, California 92373 (714) 792.8208 eJTY ?L;;iiJ;ri"G C:;'I::.;:S:::~I ;.El'~HA1lDUl-1 ow: F.lw1."'Orr.'.ental ReVieN Coom1ttee City of San Bernardino Attn: ~~. Vincent Bautista, Secret~J c=iJ GJ.- "- .c....;..~."......I""'\, .~.' ,~"'~.. \' ....,y ... ' ,....... ( ::./ ','-;.. . ,l...;.,'.1 .... \ jJ~" '": .~'.':': ~ ".' I I . . ":" . ~ . , r!..1", I... ~. ..1.._."..... _ 11, " \ e::. ......;:. r. 2"'3 . '} ~, .0. Hi:. ~)> /.."'../.j 'S~;;: -e" ~~ FROH: Floyd J. l'11l1iarns~. ,R ered Gl!~~ '. ("" ., /1 . ~;;,~~~~ DAT;:: Nover.>.ber 11, 19 ' ~,....-a-r' .,...: SUBJECT: Evaluation of geolop;1c re~ pursuant to the proVisions of the Alquist-Priolo Special Studies Zones Act GGb-oG.'1 ~.;:F 117 TITLE OF REPORT: Subsurface engineering geology investigation of Highland Hills planned unit development in the East Highlands Area of the City of San Bernardino, California. Project No. 1032-2. Dated: ~ctober 7,1981. GEOLOOISTS wID P!'.EPARED AND SIGiiEn REPORT: John H. Foster, :leg:!.stered Geologist No. 3640 G~J S. Rasi:lUSsen, fr.g1neering Geologist No. 925 PROCEDURES USFD Dl EVALUATDG REPORT: 1. Read the report. 2. :1acle trench and site inspections on 8/18/81, 8/24/81, and 9/26/81. 3. Exam1ned stereo photos nOlm in 1933 and 1971. 4. ReViewed earlier geological reports on theproperty by Leighton & Associates entitled, "Geotechnical feasibility study of the !i1gh1and Hills Properties, San Bernardino County, California." Dated: September 26, 1974. Signed by: Douglas E. Moran, EO 17. 5. ReViewed subsequent report by Leighton am Associates enti tled, "Geotechnical evaluation of acre~ adJ 0:1rl1I1g the Highland Hills Development, San Bernardino. Dated : Nover.>ber 30, 1917. Signed by Richard Lung, EO III. CONCLUSIOllS : 1. The south branch of the San Andreas Fault j,s located approximately at the S;v border of the propert~, and the north branch of the San Amreas Fault cuts across the lIE t)Ortion of the property. In betl'reen these faults are three other faults, identified as A, B, and C on Plate I, that cut; the property alon; tlle San Andreas tren::!, anprox- :L";Jately 65 de~es l'lest of north. The north and south branches of the San .4ndreas fault zone are considered active and the faults A, a, and C are considered in- active. Setback lines have been established 50 feet north of the South branch and 50 feet south of the :rorth branch as seen on Plate I. .-','.. '61.\ - ....../ J , California License No, :l143 FLOYD J. WILLIAMS 111\1 Pg. 2 130 Sunridge Way Redlonds, California 92373 {7141 792.8208 REGISTERED GEOLOGIST :!er.:orandun: Environ:;'.ental Rev1e~1 Ca:m.;.'illllamsll'.i$land F.111s/11-11-cl CONCLUSIOllS, CON'':'. 2. In the Conclusions portion of the report it is stated that a fe~1 inches of moverrent could occur on Faults A, B, and C in the event of substantial ground rupture on the main. San Andreas Fault. I concur l'/1th this statelnent. Howe'fer, no restrictions for building are recor:rnended in the report for these three faults. 3. The report does not address geologic conditions on the property situated north of the north branch of the San Andreas fault for the reason that the terrain is very steep arxl not scheduled for development at this t:1Jr.e. 4. DocUI:'.entation of the location of faults relies upon earl- ier ,investigations conducted east and southeast of the property as liell as upon investigations of the property conducted in 1974 thrcu2h 1981. All oertinent trench logs, including those cram earlier inVestigations. are included in the report. 5. Shallow Sl;I'ound water conditions exist beneath the site jmnediately north of the south branch of the San Andreas fault. There is considerable potential for liquefaction' of the sedir.'.ents in this area. REC(MoIE!DJATIONS : 1. The report adequately describes and documents geologic conditions on the property situated south of the north ,branch of the San Andreas fault. If the area north of the north branch is to be developed, prior geolog:l.c studies will be neceSsaI"'J. . 2. Geologic inspections should be conducted during grading. No structures for human occupancy should be placed lofithin 50 feet of the south or north branches of the San Andreas faults. No structures for human occupancy should be placed astride the traces of the intermediate faults A, B, and c. 3. Analyses of soils by soils engineers will be necess~/, arxl the liquefaction potential should be carefully eval- uated for the 10\1 land to the ~ adj acent to the south branch of the fault. 4. 'Il1e report meets the requirements of the Alquist-Priolo ~ct. ::,:,"". ~.....-. - :~~..:~~C ,I'c,,/ "', t' , (t fFFL~"~ J """",~~";';" ", . ><I'~, ..1. . c:: _.........4 .:... i \ "0 -..- .' , . 1'4 . ~-..,.;) i . / Il). /,,/ v~~.:'/ ~::;,0/'. cas C'" l .~ :: CITY OF SAN BERNARDINO ""',,", .....,I - MEMORANDUM To ED GUNDY - PLANNING DEPARTMENT From MIKEL J. PARK Subject QUAIL WOODS APARTMENTS Date SEPTE~mER 10, 1937 :'1 , Approved j:;jj/ , I' Date In looking over the plot plan, I noted several buildings that would not meet the minimum accesss requirements of the Uniform Fire Code. Buildings colored in blue on the attached plan would require access roads to be installed within 40 feet of the building. This would not apply if they are single story or if.~~l, buildings in the project are equipped with automatic fire sprinklers. Fire hydrants on 300 foot spacings are required through out the project. 11\ t:~ G.: ::~ :\ SFP 111987 '. ill)n .1 .!! " C"" I"', .11. . , t", ~ , ' , , :' ":'. . \ ,".\ SAi~ \..,.:...',.-,1.;):1...1/ l,ih - ;).a~T ~(p c- '-...../ _,.J E#6/M'."'''''/A/t4 C/l//J,l/Jr,../,/- "$~.&1'f~mL~"'<-'/S- -/38'7 C,U/' /" 7-5 ;: =: I) I'!i'CV/j),p' S'/c/'C' E"I1S[/IHAff- ItH,~ n- ,1."1 !JC r /'RL7/o!!? /C 721 rR/'A.1 /-7-::;1,//0#& ,P^C'/':=~/~'rY o~'V:;':;( P~. CO/''/S"T~(uC7 ~.:r/l//'//-.v6" !/V/7~L. Z;I/ , Z), /ILL t!:DVr/C/J .FARnAlC 5-r/J[L ",,.:- H-t:/N.I>A7?CA't- A#LJ S/t:>.PE SEf /5/Jc1:" 5///UL BE ..J)E96N ,Per.:' See ';"IoN '7a//J CH/}?7c~7tJ Pr c/./:l C, "j j " 3,) ~,t)//7?IC~.(':I: ..IU./V8v/1Y APP~I)Ac/l $'d.RtL Be REPES/6i'/cb' rC-C TN/} g. FeeT C,vE 1,i/fY ,##.0 NA/?A'CII..l(4 -5:'/) II-fC=O//lN S'r-K'/p 4) AL.L Cb,</,/e-,,( PI'" L"uR.8 ,f'e:rulCI/ , f/Mtl- g E p.~ >/&N Fi?"< ,ti4/N. /5' J:='i!!'€r- R-'lLJ/uS. .c.J CtJMPt. '::I t t..J/ fJ-/ /'REV/bU!: ,4.P'pIf/)V~ ~./' 'If $6 -7. ",". ~ &..> :f/,p4!!'Ah"I'GK ~""'t:~ S#HU' 4~ ,/'ltoWLJE rP.e, lI?e"',v.R.:/!/N'~ t,;'., 5/.4 E UJ A-~.IC' &J/\/ I9It'Rb'/.o V/S'r/'l ~R'vE. :: ......~ . ~ /S". /!?JE7' 0:.: ,', '~.)L ~., ..Yov.v '#. ' K,h7 C~""'L .Gvw-)A,;o-'tt:"A........v..... .A'<<~~/A' :r~r :~,:~~.;~ ", ;. , :~. .., '21 I 'va I T vr "1-\1" ocnl"'IJo...... '""'" - """ ---'" IVICIVlvnJ-\I'.l UU IVI ''"'-- ROGER G. HARDGRAV'C~ Oir. From Public Works/City [ng. Date October 13, 1987 Development File No. 11.42 (CliP 87-47 & 87.. 5) 11.051 (PM 9166) Date ..... SANDY PAULSEN, Staff Pla"i\'iler To Environmental Review Committee Planning Department CUP 87-47, 87-5, & PM 9166: Highland .........-' Subject Hi 11 s Approved This office has reviewed the subject project for Drainage, Flood Contro), Traffic, and Grading. We find no adverse environmental impacts which cannot be mitigated by standard engineering design methods. Specifically, the following concerns have been raised regard- ing drainage: a) Design or I!1!Qrovement of Existin!L,and Propo~ed Drainage Courses Existing minor drainage courses which traverse the site will be controlled through the site to a proper outlet into public streets. Since the loop street is not being constructed by this project, interl~ drainage devices will have to be constructed to convey the flows to an acceptable outlet. Design of these devices will be approved by the City Engineer prior to issuance of any construction permits. b) Cook Canyon Creek Improvements Design of Cook Canyon Creek Improvements is currently under way by the developer's Engineer. City Engineer- ing is Plan Checking the design. The design will have to be approved by the City Engineer prior to issu- ance of any construction permits. c) 'Location and Status of Earth Fill Dams We do not know of any earth fill dams in the vicinity of the project, however, a debris basin owned and operated by the San Bernardino County Flood Control District is located near the easterly limit of the project on Cook Canyon Creek. This facility does not retain water and is therefore not a dam. " -< .f:"f)f. .J , 11..... .f I ", ') ""'''S'' '" I.... l",e " A c,,,);! . -.; >', -1- "'2>><6 c "'" , "'"-' SANOY PAULSEN, Staff Planner Environmental Review Committee Re: CUP B7-47, 87-5, & PH 9166: October 13, 1987 File No. 11.42 (CUP 87-47 & 87-5) 11.051 (PM 9166) . , " Highland Hills Development d) Proposal for North Fork Ditch Flows in the north fork d1tch will be maintained through the project. There are many ways, to accompl ish conveyance through the project while still maintain- ing the quality and quantity of flow. The details of the conveyance system will be approved by the City Engineer prior to issuance of any construction permits. ROGER G. HARDGRAVE Director of Public Work~/City' Engineer 0JU~w/1.,Jt- MICHAEL W. GRUBBy Senior Civil Engineer MWG:pa /' -2- ~'\ 4:'~ p,- "..- . ' East V~lI~y Water District 1155 Del Rosa Avenue po, Box 3427 San Bernardino. California 92413 (714) 889-9501 J~i i;1 , , "-r' !r!1 !:-I ,. !:1 " ~ '" l:i. ;!I j !_-' nrT U 1987 LIIYd ,";~r sr..;~: ~... ,'" ~,'I October 8, 1987 CITY OF SAN BERNARDINO Planning Department 300 North "D" Street San Bernardino, CA 92418 RE: CONDITIONAL USE PERMIT 87-5 To Whom It May Concern: On September 30, 1987, I received a copy of Conditional Use, Permit No. 87-5 from your office with' a request for any pertinent comments. My only comment concerns the irrigation canal which passes through the project, known as the North Fork Ditch. The ditch is a rock and mortar lined canal which is jointly owned by the North Fork Water Company and the Bear Valley Mutual Water Company. The East Valley Water District acts as liaison for these companies in all matters pertaining to the North Fork Ditch. It is the policy of both companies ,that any relocation of the ditch shall be accomplished by undergrounding the facility using reinforced concrete pipe. The District has conducted pre- liminary discussions with the developers of the project regarding the dit:ch' s relocation. UnLil such L.ime as the ditch has been relocated, however, the facility must be protected in place at all times. If you should have any questions regarding this matter, or need any further information, please do not hesitate to call. V~u Robert Martin Assistant District Engineer RM:tls Philip A. Oi"h President Ger~ld W. SlOOPS Vic.t.Presldent Dennis L. Johnson Diftctor 'tUr J. Rushtr Dfflclor Glen" R. lilhlfoot Director o,{') .......,.... October 13, 1987 BONADIMAN ASSOCIATES 606 East Mill Street San Bernardino, CA 92412 . RE: PARCEL MAP NO. 9166 (ORCHARD AND HIGHLAND) Gentlemen: Pursuant to your recent request, this letter confirms that the Eas~ Va~ley Water District can and will provide water service to the abo~e-mentioned parcel for domestic and fire protection purposes. ,This commitment is subject to water availability at the time of commencement of construction. In addition, the District will collect and transport sewage generated b~.this tract but is unable to provide sewage or waste- water trea~ment because the District has no capacity in the Regional Wqstewater Treatment Plant. The District will not 'approve' sewage collection and transportation plans or provide such service until you provide evidence satisfactorY to the District that such wastewater treatment plant capacity has been purchased and is owned and available to you. i,. ' Furthe~ore, all 1mprovements necessary for water or sewer service are subject to approval by the District and must meet all District standards. Developers must comply with all District rUles, regulations, policies and procedures, including payment by the develop~r for any and all capital improvements, main lines, e~tensions, ' sewer capacity or other commitment or commitments of the District's resources. The District will operate and maintain all water and sewer improvements upon their dedication to the East Valley Water District. .... , The in this ,letter. . commitment to provide water and sewer service outlined letter shall expire two (2) years from the date of this , , , Yours truly, EAST VALLEY WATER DISTRICT ~' ~. . ROW.. .. Ge era Manager LWR:tls cc: Sandra Paulson, City Planning Philip A. DliCh PreJldtnt Gerald W. Stoops Vi".PrtJident Dennis L. Johnson Director puer I. Rusher Di"cto( Glenn R. Li,htfoot . Director Larry W. Rowe Donna IA. SPears . 0..\ "C(vnthia Ludvigsen. ' \1' 'v' " -, :i -, -, !: ii " II I, " " ~ I 'I I Ij " I' ii Ii II !l :i " Ii ,- II ~ I 11 :1 October 27, 1987 Mr. Edward Gundy Associate Planner city ot San Bernardino 300 N."D~ st., 3rd FIr. San BernardinQ, CA 92418 , Ms. Sandra Paulsen Associate Planner city of San Bernardino 300 N. "0" st., 3rd FIr. San Bernardino, CA 92418 , re: Comments to Proposed Negative Declarations on CUP 87-5 and CUP 87-47 Dear Mr. Gundy & Ms. Paulsen: .;ttorncy at Law \ : .:::.~:_~:..::-_.. ,-,.'- .~._.. .--...- . -. .... --..--'-- 444 N. A~head A venue, Suite 202 San Bernardino, CA 92401 (714) 885-6820 f; , I am ....riting on behalf of my client, 'the Highland Hills Homeowners Association, regarding the negative declarations recommended on the above two conditional use permits by the Environmental Review Committee (ERC). It is my understanding that these recommendations are to go before the Planning Commission on November 4, 1987. My clients have addressed the Environmental Revie.... Committee on these matters, and I have previously ....ritten letters to both the Committee and to you regarding these CUPs. I believe my previous ....ritten comments dated October 2, 1987 and October 7, 1987 apply to the proposed negative declarations as well, ,and ask that those comments be submitted in response to the. proposed negative declarations as well. '; , , I 'I :j iI 11 1\ II II I I ! I I , , II 1 . 0'0 IE CJ l~ nq rn [ill PI' . U _L OCT 271901 r.'I"V I'" "1""1" ~'p , , LII ..i\"j~ iJ< ARTMENT SAI~ llEIL'JAROIND. CA ' a.':), c "".,...' Mr. Edward Gundy Ms. Sandra Paulsen City of San Bernardino October 27, 1987 fn addition, " I would like to submit these additional comments as part of the record: General Comments Aoolicable to Both proiects As my previous correspondence stated, my clients believe the applications submitted for both of these projects are Incomplete and provide ipsufficient data upon which to base a decision to issue a negative declaration. Neither application contains the information normally required by the City of San Bernardino for a CUP applicastion or, for that matter, for any development application. A simple review of your department's plot plan checklist reveals that these applications ar~ lacking, among other items, property lines and dimensions, handicapped parking and other parking plans, dimensions and locations of easements or water and sewer mains, improvements on frontage street and landscape plans. I believe it highly inappropriate, and certainly a violation of the letter and spirit of the California Environmental Quality Act (CEQA) to process an application which does not even meet the city's minimal standards for submittal. Furthermore, on August 20, 1987,the Environmental Review Committee returned CUP application 87-47 to the applicant and asked that specific information be provided before it could act on that application. The list of required information prepared by your staff is attached to this letter as Exhibit "A". Nonetheless, .the applicant resubmitted his application without much of the requested information included. Yet, the City has proceeded to process this application. 2 ,:i , , ",.,'~ '\?> - c .... Mr. Edward Gundy Ms. Sandra Paulsen city of San Bernardino October 27, 1987 In addition, both of these CUP applications are inconsistent with the Highland Hills Specific Plan, which was adopted for this site in 1982, and with the city's planned residential development (PRO) ordinance. Said inconsistencies are numerous, but the major ones involve the realignment (or, in the case of these applications, nonrealignmentl and widening of Highland Avenue; flood control and channel alteration measures involving the sites and Cook Canyon Creek and the North Fork Ditch; the elimination of community open space; and the construction of apartments as opposed to the townhouses identified in the specific Plan,and analyzed in the Environmental Impact Report (EIR). At the october 8, 1987 ERC hearing, the developers and their consultants insisted that these issues, particularly the requirements' for realignment' and widening of Highland Avenue, had "been taken care of by the Parcel Map" [Parcel Map 9166]. While it is true that this Parcel Map, which began processing in 1985, appears to eliminate the realignment and widening of Highland Avenue, the first condition of the Parcel Map is that it comply with all conditions and requirements of the Highland Hills Specific Plan. SD, while the developer may have submitted a parcel map for approval which did not comply with the Specific Plan, it was not approved as submitted. The city's Engineering Department appears to be waffling on this issue. We have previously pointed out memos from the Engineering Department in which it was emphasized that the Parcel Map could not elimina~e or revise Specific Plan conditions related to . Highland Avenue. At the ERC meeting on August 20, 1987, the Department '5 representat i ve appeared to 'concur wi th that. However, at the October 8, 1987 ERC meeting, the Engineering 3 ev\ - -- l , Mr. Edwilrd Gundy Ms. Sandra Paulsen City of San Bernardino October 27, 1987 Department's representative seemed to and concurred, with the developer in Parcel Hap could amend the Specific Avenue. have reversed his position contending the tentative Plan and EIR for Highland Even if we assume this to be true, an attempt to amend a Specific Plqn by adoption of an inconsistent Parcel Map is invalid and il~ega~. The. Government Code is very clear as to ,how a specif ic Pl~n is to be amended, once adopted. It can be amended only by a properly not~ced hearing procedure, which is, identical to the procedure for amending a General Plan. In addition, at the most recent ERC hearing, the applicants also stated, ~everal times, that the concerns raised by my client and l;>y some, members of the ERC "will be taken care of later". ~nfortunqtely, this approach to environmental analysis is again di+ectly contrary to CEO A as that statute demands that environmenta~ review and analysis be done prior to project approval, not afterwards. The exact nature of how these concerns ~ill be mitigated, or taken care of, must be analyzed in the environmenta~ review process, prior to project approval, so that those decision-makers charged with approving or disapproving the project have ,all available information before them and fully understand the environmental consequences of their decisions. To wave aside the concerns my clients have raised, particularly the concerns related to flood control, traffic, erosion and seismic issues, by stating that they will be addressed later, subverts the very purpose of CEOA and, again, raises the spectre that efforts will be made to informally amend the Specific Plan by failing to include its mitigation measures in the project design itself . The initial studies for both of these projects imply that mitigation measures, both those outlined in the Specific Plan and 4 q5 - - C~ /",",~ "-" ,.,<-, .....) Hr. Edward Gundy Hs. Sandra Paulsen City of San Bernardino october 27, 1987 others suggested, are included in the project designs, when in fact these measures are not. We would ask that the Planning" Commission be, given a clear list of which mitigation measures discussed in the Specific Plan and Initial Studies are part of the developers' proposals and which are not. The applications as submitted are not consistent with the Specific Plan and demonstrate that there have been major changes in the project since the Specific Plan EIR was reviewed in 1982. These changes include those outlined above the alignment of Highland Avenue, changes in creek improvements, etc.), as well as changes in the nature of the project itself. The Specific Plan identified, sipgle ownership townhomes and approval was based upon thi~ land use. The current proposals, however, are for apartments, which call into question entire sections of the original EIR., The data used in the EIR simply does not apply to these projects. (It also is interesting to note that the Spe~ific Plan and EIR emphasized that at the the time they were written [1982], the city had a glut of apartments and lower- income dwelli.ngs and that, therefore, the type of townhomes envisioned in the Specific Plan were something needed by the city. The latest community development report done for the city comes to the'same conclusion in 1987 -- that the city has too many lower-income housing units and apartments and should be looking to develop and encourage housing units, in a higher price range.) The ERe has made no finding that these proposals are consistent with the Specific Plan even though such a finding is legally required. A finding of consistency cannot be made as there is no evidence in the record that supports such a finding. These development proposals also do not comply with the city's own PRO ordinance which states that development in a PRD zone should be compatible with and integrated into the surrounding 5 '\<0 - - ~ c ,. """,, "- "J j Mr. Edward Gundy Ms. Sandra Paulsen city of San Bernardino October 27, 1987 I. ' I single-family neighborhoods. Specific Plan themselves apartments surely are not. The townhomes proposed under the were only arguably compatible; The city also has allowed for only a lO-day comment period on the proposed negative declarations. Unfortunately, this comment period is insufficient to meet the requirements both of the city's statutes and state law. state law imposes a minimum 30~ day comment period if a state agency or regional resource is affected by the proposed project. In this case, the california Department of Transportation clearly is entitled to a 30-day comment period as these projects, particularly in light of the changes in previously required improvements to Highland Avenue, affect stat~ Highway 30 and CalTrans jurisdiction over that route. Furthermore, the California Department of Forestry and National Forest Service, which have an interest in the surrounding forest land, also should have an opportunity for comment. Furthermore, the city's own Resolution 13157, Section 32(b), requires circulation of the proposed negative declaration to the state Clearing house for projects in which the U.S. Government, or any agency thereof, might have an interest, which clearly is the case on this site. 6 ~\ - -r- "- . }'r..-~,. -- / . ,j } Mr. Edward Gundy Ms. Sandra Paulsen city of San Bernardino October 27, 1987 Conditional Use Permit 87-47 This is a project which proposes 284 apartments on approximately 30 acres. The 30 acres includes the parcel previously designated as community open space in the specific plan for. the entire specific plan area. The way this project is designed that parcel is no longer community open space, but becomes a playground for this particular project and the acreage is used to compute the density for the project. The mitigation measures for the traffic impacts discussed in the initial study are simply inappropriate and inconsistent with the specific plan and its EIR. The project proposes grading and hard surfacing of Cook Canyon Creek, which is contrary to the Specific Plan. In addition the project contains no proposal for the new debris basin required by the Specific Plan. It must be remembered that this project site lies entirely within a laO-year flood plain and elimination of the debris basin required by the earlier EIR must be the object of a new EIR. The impact of the improvements to portions of Cook Canyon Creek also must be studied. The project plans fail to include the bridge over city Creek required by the Specific Plan as well. The storm drain and catch basin system along Cooktanyon Creek required by the EIR and Specific Plan cannot be constructed without the extension of Orchard Drive, which is not included in this development plan. There has been no site-specific liquefaction: study for this particular development proposal. 7 <, q~ c .....,. Mr. Edward Gundy Ms. Sandra Paulsen city of San Bernardino October 27, 1987 The change: in the nature of the project, from single family and townhomes to apartments, will impact the ability and costs of police and fire protection for the project to the extent that the data used in the EIR is no longer applicable. The cumulative effects of this project, particularly on traffic and circulation also should be examined in light of the changes in the project from that proposed in the Specific Plan and in light of development and changes in conditions since the Specific Plan EIR was done. The site 'plan shows two tennis courts and constructed over the North Fork Ditch, yet also Ditch will remain in its existing condition. inconsistent with the EIR. an access road states that the Again, this is The access to the project does not conform for secondary access nor does it avoid required by city ordinances. to city requirements clustered access as There are no provisions to assure that the; extension of Orchard Road wi 11 ever be made as the property owner has d iscla imed responsibility for this and there is no guarantee that other portions of the Specific Plan site will be developed in the future or developed in accordance with the specific Plan. Conditional Use Permit 87-5 As discussed earlier in this letter and in my previous correspondence, the drainage and flood control requirements of the Specific Plan are not met by this development proposal. This proposal contains the same inadequacies for drainage and flood control, as well as for secondary access during fire or flood 8 1\'\ L ,,'- .... ,. Mr. Edward Gundy Ms. Sandra Paulsen City of San Bernardino October 27, 1987 conditions as does CUP 87-47. The grade-break where the rock-lined protion of Cook canyon Creek empties into the natural channel creates a potential for scouring and erosion which is not addressed in the plan. The so-called fire access across the bottom of cook Canyon Creek is not hard- surfaced, and, therefore, is not all-weather access as required, since it would be subject to flooding during all but minimal storm events. The density of this project (15.8 dwelling units per acre) ~xceeds that authorized by the Specific Plan and PRD zoning. The plan does not include a site-specific liquefaction study and, again, does not include an overall analysis of flood control and drainage issues, particularly in light of the proposed deviations from the Specific Plan and its EIR. At the Environmental Review committee hearing, the developer stated that the southwestern portion of the site will be graded and filled to raise the elevation 20 feet. This was not part of the Specific Plan and was not examined in that plan'S EIR. It should be noted that the opposite side of Highland Avenue also contains a bluff and this change in elevation will result in a "canyon" of sorts, which will have traffic and visual impacts never examined in the EIR. Like CUP. 87-47, the proposed negative declaration ignores cumulative traffic and flood control impacts. Since the owner of the entire specific plan site has disclaimed responSibility for installing road, traffic and flood control improvements required by the Specific plan, and this developer takes no responsibility for doing so, it is unclear how the required g 100 - - c ""--" Mr. Edward Gundy Ms. Sandra Paulsen City of San Bernardino October 27, 1987 improvements will be financed or installed. Overall, it appears that these two proposals are not suitable for a negative declaration as there are numerous environmental impacts and potential cumulative impacts which have not been addressed. It appears that both of these proposals have simply chosen to ignore the Specific Plan for the site and proceed as if it did not exist and as if the EIR for the Specific Plan, and its mitigation measures, did not exist. In such a case a negative declaration is even more inappropriate. The developers, landowner and, apparently the city itself, are misunderstanding and misusing the Specific Plan process. A Specific Plan is designed to be an instrument by which a comprehensive, overall development plan can be implemented for a large site or area. In this case, the landowner and developers are proceeding on a parcel-by-parcel basis with no thought as to how the overall Specific Plan will be implemented and with no thought that the Specific Plan was intended to assure a cohesive well-planned development of the entire site which it covers. My clients believe that report is necessary and required before these considered. a new or subsequent that an amendment to two development environmental impact the Speciifc Plan is proposals can be C:~~lI~~l~~~~ g~~~~A LUDVIGSEN 0 cc: Highland Hills Homeowners Association 1Q \0\ c - - ,/'" " r '-" ) , ''''''"~ ':1 ,. COlllli HOlIlll Uno l"l[Jnit Nll. 0'/-4'1 ^<l,litionlll fllIter iulu for AppUcution I\llguut 20, 19U" 1. Urllinllgo 6tu(ly a. Bxilltillg alld prol'ofJe(1 (lrainagc courocs. b. Cook Cnnyun Cr:(!ck iluprovcmcnt plnns.' c. l'hulling of Coul( CUllyon improvements. ,._ d. 1,0(lUtiOIl mal ututllll of carth fill dllms. c. Locution ond IItotUU of del>rio bnsin (existillg and propolled) . f. 6ul>drnln propollal for cllnyon fills. g. Propoolll for North fork ditch. h. Locution of sturm druin catch I>ouin. , ;., . , ' 2. Grcenbelt' ne'juiremontu 0. Development l,lonu for Greenl>elt Zone, typeD of plont mlltorilll,., method of irrigotion, method of inutulllltion, oporlltional ond maintenonco informa- tion. b. IJnildin!} uoparutiollD in Groonbelt 'Zolle ,,~D.. 3. Noi/le AnulyuiD 0. For traffic aloll!} lIighland I\vcnuc. ~. TrnfCJ.c ond' Circulotion 1\1I01yoio. n. l'lon ror loop roait cOlllltruction ill PhaGc I. b. I.'r.OpOllCc.1 street O[t,uo-occlions. c. 'J'r/lUic oi91101 propollalo, whon, where and hOl,7 d. All. wcuther croouin9 propooal for. Cook Canyon Creck. . 5. Grading Plan a. Amonnt of cut 0I1l] fiU. 1>. l'ropofJed procodu rcu ond operationo. c. I~rollion cOlltrol 'I\othodo {interim alld long terml. <1. I.oclltlon alld mcthod of export. c.. Contour grodill9 propooll1. G. sHe 1'1011 olld Elcvotiolls s'. Increased' building separatioll9 08 per Gre, .belt Zone "D" requirements. lleduce lIulllbero of ulIHo in oach bu~ldill9 (maximum of oix per Codol. , , b. \()~ c.. .,' . ..' I " ./ r " .' '-" Conditionnl 11110 l'enoit No. o'/-n Adtlitionnl Ilnl:edalll for APl'licntion AugUllt 20, 190'/ 1'''ge 2 , . . c. l'ropoool for hiking and bicycle trails along Cook Canyon Creek. llimonDionD of Southern California Edison casement I\IH1 ir dglltion easement. Indicate yradeD of strooto, ddvoway approaches llnd (lark.lng nrcnD. "l'wl',,"uI for I:he oontinuation of Orchllrd Road.. 11Ite/vlcinity C(ouu'-oectiono. Rl<wI.I:iono ntHl oroou-ueotions of aU proposod hll.Uil.ln!)o IInd clnntor typeo. . lnillcnto oU P(Ol'OUO<) llnd exloting oewer and wllter IIm:lnl1. J,o"III:10n IIml tYl.'iuul olovntiono of proposed pedm- etcH: wnl] fJ allil f:l111COU. IUnvnUllnn am1 floor planu for propoood community hu .Iltli n\!. Il"l'nlln of propol""l rofooe onolosures. Ilotnllu of olto l.I'.lhting. J.ocntlon of propoo"d fire hydrsnto.. I'rol,ounl for <l11pl"x manhole requiremonto. d. c. -f. 1]. ia. 1. j. k. 1. m. n. o. l\d,lll:ionolJ y. wo wiU ho mnk!.n!) a determinlltion of the ototuo of the followin!)1 1. llonllynment or: 1Ilyhlllnd I\.vonue. 2. l\erell!)e avaD'hIe for devolopment in parcelo 1 an,l 2 of l'llreel n.'i' 110. 9166. 3. ~'ho ovoraU l:onuiutoncy of the proposal with tho 1Iiyhlllnu 1IiUu IJpooif:ic Plan. , . . \Cl3 c C Cynthia L udvigsenc:c-_-=_:-=:::cc: I I I I \., ,J Attorney at Law 444 N, Arrowhead Avenue, Suite 202 San Bernardino, CA 92401 (714) 885-6820 October 22, 1987 ;1 " , !' , I: Edward Gundy Associate Planner City of San Bernardino 300 N. "D" st. San Bernardino, CA 92418 !i \i II re: CUP 87-5 Dear Hr. Gundy: I would like to have a copy of the staff project, presented to both the ERe and that the Planning Commission on November 4, 1987. report on the above to be presented to In addition, during the course of the ERC meeting, the applicant stated that a letter had been submitted to you outlining the cut and fill operations proposed for this site or project. We would like a copy of that letter, as well. Please contact this office when the above materials are ready, and I will arrange to have someone pick them up. Thank you very much. Very truly yours, ~ . ~' Cyn....~gsen ~ Cl:~a Ludv14 ,I ;, ill' \? L\' \ ,;; n W r~ \]) b ;,;: '.~'.' .; d -" U nj. . II OCT 231981 .. em PUI.i,.;':;:ii~[)EPARTi,'ENl . SAN BEflIWlDINO, CA \Dl.\ -:-t J"-- , Cynthia Ludvigsen CO~ii'It:NTS RECEIVED E-3 Attorney "l Ll\v 4.H N. Arrowhead Avenue. Suite 202 S.I1111crnardino. CA 92401. (71,1) 885-(;820 ATTACHMENT S Octob'~l: 7, 1987 ~ : , gnvirol'lmental l~cvicw Camilli ttt~(;.: city oE San Bernardino 300 N. "D" St. Sail Dur~l~rd~no, CA 92413 , :' 'i :f rrJ: CUI? 87-5 CUI? 87-47 p<JJ:ce1 r.lilp 9166 !: il Ladie~::; & Ge'ntlemcll: " " ., I am wr1t:111'J on IJ<Jhalf ()f my <:11""t, Homeow~cr~ As~oci~tion, rc!garding the aJ]OVI~ 0, 19B~1 ;..lcJendil. _ the i telll::; lIi'.)111d,.,(1 lIille> on your October I previol1:c;ly h.wfJ written to point out n,~ml:r(l\l:.; (],~f:lcil'ncjl:::: In the abov(: applic~ltion pack.;HJI;':~;~. }\b:,;(~l:t l~t"(nr: th(~:.ie dpplic:JLiuil pZlC};..tgcs art: m,lny itCI-:L::. un l:h(! ~'.tanliinq Di:.~p(.i:rtmeilt: I ~.~ ~:;t..:,lnddrd cllecl.;1.i.;3t, as \"ell as ~H]di,tional i:~~:onn.:\l:ion \'Jhtch your committee rcqll(::.itetJ fr.om l:hl: dC'Jel()p(!i::',~ t:hl:: .id~~1: ~..iml: I;hl,~~_d~ m':lt:Lc::r~; ',.H:tr: bl.;[OJ:e YOl.l. rrlle cJl,'~vc'::lOl)er:..; ;:.;ti1.1 ~...IVt~ not. [>1:t)"ldl.:tl d.l.1. 01: t.lIt.: inforIlldtion norrikllly .required, nor hdVU Lhcy [I~.ov_i,dl..!d l:h.:c\: neccs:::;..iry fOl:" your conunlltec:: to a;a k i.; ~ln intormcd cll:ci:.:iion. Ho\.,evL'(, ::.;incc th{~ m':lttf:rs 1:c:rndin en your dtJe."I('ld, \ole 'd,i;,;h ~.o brinq to YtJlu: attention :jcv(:r.:ll cnviru:nuc::nt':'ll que-,l:ion:s ,rai::;;e(.1 by thC~iL: [Jroj~ct~'j, (,.r:d :.;(':verd,l <L:;j).:~ct~; in 1..:h1t:1": tlh~Y fail 1:0 comply Hith th:.;: Ill.lJh~and HilL;) :~pl.=c.i.tic Pld.n and tht-~ cOl(~it:ion:'; !.:npn:':;l~d by it~. (;I1VirOllm('::-ILJ) iill[klCt :report , Section 66474.5 of the M3Q Act states: Nu locnl aucncy sh~11 approve u fillal ~ubdivision roup for any land project, as defined in Section lloaa,s or the Dusine~n nnd Profcssio03 Code, unlc~5: (.]) The local lHJcncy ha~; <'1dopted a :opeci[ic plan c,wcri'IOJ the arc::a p:ro[Jo~;t~tl to be included "rlithin the LJnd proj(!ct. (b) The local aq(~ncy f:ind~) tlkll. the p.ro[lQ;.:;(~.l land p.~ojec!:, toge1:hcr witt. the provisioflD fOI it~ de~jgn Olld lmprovcmerlL, l:i cOr\::1i:::;tent \-lith the ::.ii1Ccific l)l.JIl 'for: the .:u:ei.L 1 \05 c c , ./ Environmental Review Committee City of San Bernardino october 7, 1967 Condition 1 of the parcel map states the map shall adhere to the same requirements and conditions of the Specific Pl~n. A memo from Gene R. Klatt, Assistant City Engineer to [{oger Hardgrave, City Engineer, dated August 7, 1967, cleariy states this requirement. Relevent points from his memo arc: "Additionally, Section 66474.5 states that no Final Nap shall be approved unless there is n specific plan and that the map is consistent in both design and improvement with the specific plan. There was a specific plan adopted [or this area (Specific Plan 62-1, adopted December 6, 1982, by Hayor and Common Council) and Tentative Map No. 9166 15 not in compliance. "It is qutte clear that the intent require compliance with the Specific Plan premise that the map sho\~ed otherwise not a valid one. of the City was to as adopted, The and was accepted is "The Department has consistently and repbatcdly indicated that development should conform to the Specific Plan. If this was unacceptable, appropriate amcndments necded to be requested and approved by the M<lyor and Common Council, Presently, the qucstion is not one of justification of the four-lane roadway, but one of consi::;tency with the specitic Plan and subsequent approval by all concerned agencies, The traffic data submitted is not substantially different from that contained in the original submittal for the Specific Plan, only the resulting design is being questioned, For whatever reason!l, the Mayor and Common Council adopted a plan calling for four lane~ on Highland and a four-lane bridge as well as traffic signals and other improvtmcnts and, ~ithout their specific instructions and approval, this Department is not in a position to review and modity their conditions to lesser requirements at the Developer's request,. II A review of the recently submitted projects reveals the following !lections in which discrepancies exist between these projects (~.M. 9166, CUP!l 87-5 and 67-47) and the Specific Plan (S.P.) and its EIR. 2 \OlD , ,~ - --.- { "- , , I Environmental Review Committee City of San Bernardino October 7, 1987 rir.ismir: i\ctivi1:v Pagc 57 of the S.P,/EIR the following utates: "The potential for liquefaction is higll for the lower portions of tile site, a:; all parau1t!ter:; necc,;sar.y for liquefaction occnr there." Additionally, we have evaluated information tllat the U,S. Depm:trnent of the Interior ha~.; rl:cently [lubli~lI"d in a preliminary report discussing the liquefaction susceptibility io the ~on Bernardino Valley. The report indicates that portions of the Bite arc identified as having a high Busccptlblllty for liqucl'action, Verification that liquefaction concerns havc been addressed for this project sh~uld be documented by the City in their current environmental review. A letter. from Kurtzman .HOc! Koddllld lnc./Archltects and Planners contained excerpts oE rccolOmcnc1.:Jtion5 made by CH\l, Inc. lI'he:je general r.ec::ommen(L'ltion~j should he replaced by a site specIfic evaluation from the salls engineer. Of particular concern ill: l:hi~; [lOlnt in tlw [1roci".,c; I;; l:h.Jt solving the liqu,~f,]cl:1.11n concern could have a trcmendol.l~'; eflect on 'In:tdi ng and the vi:Hwl Imp,lct of the developmt,nt. :,hOllld it not be po:::sible to lower ']l:ollnd water or rcplace till' earthen lTIi.ltcrial ~;usccptible to liquefaction, th<:n the site may h~ve to be raised ~s rouell a3 30 f~ct to meet genl~l7al ,liqll~(action criteria, If this is the engineerlny uollltionroquired, it should be addressed by the S.P./EIR au to ita visual and grading impact on the site and adjoining property. Furthermore, therc is still no information to verify that the project includes proper fnult 5etbacks, nor does the environmental review addrc~~ the effl~cts of ,potelltial rlJpt:ure of the propo~ed reservoirs On page 60 of the S.P./EIR the following mitigation mea5ure~ were idcnL i f ied: Earthquake induced ground fracturing (sympathetic uecondary ground failure) should be expected near active [ault~ and on or rlear slopes (lurching). The rccommend(!d ~ct:back ~onc~ from faults and slope stability setbacks should encompass 3n ur.(~a wber(~ the gr.eatest fr:acture~; from groundlurc:hincJ are lO:'l?ec:tcd to occur.. Fractur illg .,): ::;tr.,",~ts ,it; p.:ll:ti.ally mi tiga t~~d by mul t i plc" aC;(:e~i:; tore:; idenCflS .;tnd to the ,; i te, 3 \0""'\ c /~-- .', ,""J Environmental Revie~l Committee City of San Bcrna~dino October 7, 1967 All of the geologic parameters necessary for liquefaction exist in the lower alluvial areas bet\~een the bedrock hills and the south branch of the San Andreas fault. The final soils parameters necessary for liquefaction in this arca should be evaluated by a soils engineer and appropriate mitigation measures should be incorporated into foundation design. Wate~ should not be allowed to Ktand behind the cxisting earth-fill dams unless a detailed geotechnical investig;JUon shows them to be sufficiently earthqual:c' resistilnl: to withstand severc earthquake shaking. Watcr storage tanks should be designed to withstand a seismic eve~t, and site should be designed'to drain away from habitable structures, The projects as submitted do not address these issues, Failure to address these project-specific measurcs places the future residents and property in significant jeopardy unless adequate mitigation i~ specifically identified and implemented, No such mitigation is shown and no implementation plans have been provided to the City for review and determination of adequacy. Drainaqe and Flood Control On page 62 of: the S.P./EIR the folloHi.ng ll\C<.Isurcz were' identified to mitigate t'he adverse impacts of the (lJ:oject: l. All natural drainage cour~es nrc to be left in state as far as it is possible. Cook Canyon retained as il r1iltural c1rninngc cour~.H~ for its within the property. their niltural Cred: Hill be ant 11:e length 2. Since the proposed plan will require grading near the exi~ting debris basin, the constructi.on of a new debris basin is recommended. The final location ~hould be the subject of further engineering study, 3. The are<.l adjacent to City Creek level sufficient to mitigate any <.:rcel\ . chould be elevated to a flooding potential from the ~ \O~ (~ -- /" '" \.."".... Environmental Review Committee City of San Bernardino octobcr 7, 1967 .The improvelQent plans submitted with thcse projec:t~ 8hml gr<:lding ;]nd hard su~facing of Cook Canyon Creek. Thiz will result in the total disturbance of the natural drainage course. Further, llowllere is t!\C COllstructioll of ~ 11ew debris ba31n shown 011 the plans. The S.P./EIR recommended a new dcbricb<:lsiscufficient to withstand a lOa-year flood. Failure to address this issue leaves the flood hazard issue unsolved and potentially significant to downstream residents and users. On page 66 of the S.P./EIR a mitigation for Visual and Natural Features impacts states: "CookC;]nyon is retained in its natural statc, thus prcservinq the many full grown tree::.; along its cour:,e." . The S.P./EIR findings were based on this measure being implemented. The EIR is inadequate .:tnd should be I:evised to address the loss of riparian habitat along Cook Canyon Crc~k Jnd it~ effect on wildlife in the ~J:C3. T!le mC~811r4~~ Cl][rCilt;ly proposed arc not consistent with the S.P. and the previous environmental conclusions .:tre no longer valid. As stated my letter of September 29, 1967, ,the,. entire (Jr<lin:lge system of Cook Canyon Creek should be analyzed by San Bernardino County Flood Control District to ensure this development is safe from possible inundation by storm waters .:tnd debris. On page 96 of the S.P./EIR the following mitigation measure is identified: "The existing debris basin and aCCc3S to it wIll require re- design and possible relocation, The engineeIselected to prepare the civil engineering plans for the site should work closely with the County Flood Control district to determine the bc:,;t location and design for the debris basin." Furthermore, nowhere do the projects proposed shdw the bridge over City Creek required by the S.P,/EIR. The Flood Control District's concern with potential flooding from Ci ty Crcek sho'..n Qn page 62 h,~l:, not been addrc:3:,ed by the projects submitted. As far as could be determined to date, the Flood Control District has not yet been contacted to review this entire projc:ct. s \/'\0. - , l,J ,. " ,,~.. ~ Environmental Review Committee City of San Bernardino October 7, 1967 Traffic and Circulation Part of the traffic and circulation mitigations for this development ~la:3 the realignment of Highland Avenue, and the extension of Orchard Drive. The extension of Orchard Drive would provide all- weather secondary access to Parcels B, C, I, J and K. Without the extension of Orchard Drive these porcels will have only one point of access. Parcels F, Hand J will have no access unless it is provided through the previously mentioned parcels (D,C,I,J, and K) from Arroyo Vista Drive. This would create cuI de sacs which exceed any known standard in an area prone to flooding and identified as being in the Foothill High Fire Hazard Zone I. Figure 2H of th~ S.P./EIR also idantified a portion of Orchard Drive adjoining the development proposed by CUP 87-47 as containing a "storm drain and catch basin system". This drainage facility cannot be constructed without the extension of orchard Drive. Highland Avenue has been so realigned on the projects as submitted that an entire parcel has been eliminated, namely the park site. The projects' proposed al ignment of Highland Avenue has no resemblance to that shown in the s.p./EIR. Data on page ~8 of the S.P./EIR discussed extensively the need for the realignment of Highland Avenue as shown on the S.p, and the construction of loop streets in Phase 1. Additionally, on page 19, it is stated this development should provide numerous escape routes from the site, provide numerous access points to the site, and provide ohort cul de sac/loop streets where possible. The projects as submitted arc woefully inconsistent with the S.p./EIR. Either the plans oi thc S.p~/EIR must be rcvised before the project can be considered by the City. otherwise, a fundamental inconsistency will exist between the s.p. and the CUPn which is not permitted under lawn and regulations previously cited, . Ollen Snace As prcviously discussed, the alignment of Highland Avenuc proposed by this development climin'::ltcs the Community Pad: and 6 \\(') - - - c ('. '-" ,/'0", .......,; ) Environmental Review Committce city of San Bernardino October 7, 1987 makes it part of the privatc open space for Parcel "A" (CUP 87- 47). The park area is now being used to calculate the unit density for Parcel A. The 9,P./EIR should be amended to reflect the elimination of an entire parccl designated for public use whose area is being transfered to another parcel for use in justifying added density and construction of. additional apartments. If not, then the CUPs must be revised DO that they arc cunsistent with the S,P. Furthermore, the community open space doen not meet the city's requil:ements for park declicalion~;. F'iscal Impact The S.P./EIR states: "The Specific Plpn for the site proposes the development of a maximum of 1,200 residential units, both townhouses and single family home::;, on the 541 acre site, 'I'he home:; will be for salt!, and the price::; will range from $70,000 to $200,000, Other uses proposed include a small one acre commercial centcr., a community park and 387 acres of open space, with various recreat~onal amenities.1I Undcr the scction on Market Objectives.(pg.13) it. i::; fur.ther stated that "The developer's current objeetive is to construct houses for sale only. The cost of site preparation and grading means that sales prices will generally fall in the middle and upper middle range, ($100,000 $200,000) though some less expensive units could be built on the flatter portions of the site. "The townhouse units will and four bedroom units; and sq. ft. The estimated $l50,000. include 2 bedrooms and deri, ~ bedroom areas will range trom 1,500 to 2,200 sales price will range fro~ 070,.000- "The single family lots will be sold for custom built homes which are likely to be in the $150,000 - $200,000 price.range." On pages following 27..29 of is stated: the S.P./EIR under Housing Program the "Although it is the intention of the developcr to construct some lower priced units, the term "lower" is relative and the project will c~sentially be aimed at the middle to upper-middle income 7 \\\ - - - L I \"...- Environmcntal Review Committee City of San Bernardino October 7, 1967 market. 'raple 2-D summarizes the types of housing proposcd and the range of'sales prices anticipilt,:d. The predomInant hou::;in'] type would be two story townhouses arranged in clusters and adapted to the irregular configurations and changes in level of eilch pad areil. In the lower, flatter portions of the ~ite, garden apilrtments could be constructed, Townhouse uniti would include two bedrooms and den, three bedrooms, and four bedrooms. Dwelling ilrea would range from 1,500 sq. ft. to 2,200 5q, ft, The sales piices would range from $70,000 to $150,000. "Single family subdivisions would be built on the southern portions of the site. It is the developers intention to have a lot sales program for custom built homes which might be in the $150,000 - $200,000 range. A preliminary subdivision by the consul tints indi~ate that 61 lots could be created. This number mi~ht chilnge (up or down) when engineers prcp~re the detailed tract maps at a later date. Lot areas in the preliminary subdivision range from 10,000 to 30,000 sq. ft. "The proposed housing program appears to be con5istcnt both with market trends and ~/ith the City's policies. An analysis of recent housing sales in the northwe5t portion of the City of San Dernilrdino ~hows thut 3 bedroom detilched houoes had a price spread from '$34,950 to $215,000, and 4 bedroom detached houses rilnged from 90,000 to 210,000. The median.price of a 3 bedroom house is $117,117 and $142,237 for a 4 bedroom. Sales prices for condominium units range from $90,000 to $210,000. The City's recently adopted l!ousinq Element (ll,2,81) indicates that S,'!n Bernardino has a dis rOlortionate share of low income households, _ .l"'~'~--- -- \.Jltl a rCSllJ. lnq 1I1Crea::;;c in nel~c1 tor hiqhf~r valued dwellinq~.1I Table 28 Summ"rv of HOlIsinq Pronram Townhouse Single Family Lots 4. Sales Price Ranges 1,139 2 br & Den to 4 br. 1,500 2,200 sq ft. $70,000 - $150,000 61 Custom Built CUD tom Built l. Number of Units 2. Bedroom.Rilnges 3. Arca Ranges $150,000 - $200,00D 8 \\a. c c ",...1 .) Environmental Review Committee City of San Bernardino October 7, 1987 The projects proposed are located adjacent to upper'middle class 5ingle family residences. A specific objective of the PRO district is that development should be well integrated (compatable) with existing land uses and should not constitute a disruptive element with regard to the character of the adjacent neighborhoods. The PRD ordinance requires that this before this zoning is implemented. townhouses on this site seems marginal objective. .The construction of apartments meet this objective. objective be sbtisified The construction of in regards to this definitely does not The Fiscal Impact Section of the S.P./EIR has absolutely no relevance to, th& projects proposed by CUPs 67-5 and 67-47, The entire section must be amended to address the construction of apartments which are to be financed by a type of bond issue used for affordable housing. This drastic difference in land use will affect Public Revenues, Property Tax Revenues and Retail Sales 'fax Revenues. This change occurs because the proposed units will have a lower market value than those used in the S.P./EIR evaluation. The lower value should also have an adverse effect on the market value of the proposed single family units in this project, lowering property tax revenues. The average household income figures should also be reduced from those used in the S,P.(EIR because of the lower market value of the proposed units..This will affect the Retail Sales Tax Revenues used in the S,P,(EIR, In general, tax revenues should be considerably less for these projects than those shown in the S,P.(EIR. The S.P./EIR concluded the development would generate more revenue than it would cost to provide needed public services. The facts used to reach this conclusion are no longer valid. The City should be concerned that this revised project does not create a negative public revenue condition which might further affect its ability to provide police and fire protection or other public services. A complete reevaluation and amendment of the Fi5cal Impact Section needs to be undertaken to identify impacts before a decision is made regarding these projects. \\'?> - c c ~. .'\ ....J "",J Environmental Review Committee city of San Bernardino October 7, 1987 Conclusi'on The evidence presented above unequivocally demonstrates that the proposed project has been sUbstantially changed from that which was evaluated in the S.P./EIR. 'rhe CEQA criteria for judging substantial ~hange is as follows: (a) Where a~ EIR or Negative Declaration has been prepared, no additional ErR need to prepared unless: (1) Subsequent changes are proposed in the project which will require important revisions of the previous ErR or Negetive Declaration due to the involvement of ncw significant environmental impacts not considered in a pr.evious EIR or Negativc Declaration on the project; (3) New information of substantial importance to the project becomes available, and (b) The new information shows any of the following: (1) The project will have one or more significant effects not discussed previously in the EIR; (2) Significant effects preViously examined will be substantially more severe than shown in the ErR; Numerous features that wcre identified as mitigation have either been ignored or intentionally deleted from the proposal currently being reviewed. The consequence is that adverse impacts previously identified 8S mitigated will be ~ignificantly adverse under the present proposals and previously identified significant impacts will become more severe. In addition, the method of development -- parcel-by-parcel-- each with a different developer, is completely contrary to the intention and purpose of a specific plan and of a planned residential development under the city'S ordinance. No one is taking responsibility for overall implementation of the Specific Plan. Mr. Leonard attended a meeting of a committee of my client- W\ c ,,,;- " "-" ,"'/ . Environmental Review Committee. City of San Bernardino October 7, 1987 association and repeatedly cmphasized that he was not. responsible for community-wide amenities or improvements required by the Specific Plan that thesc wcre the rcsponsibility of each individual developer of each parcel. The S.P./EIR requires a homeo\mers' assoc iat i on to lOa inta i n common areas after cornplet i on of the Specific Plan,yet there can bc no homeowncrs' association in an apartment complex. We conclude that the proposcd projects violate consistency requirements of State Law (Sect{ons 65450, ptSCCl.), local 'ordinance (Chapter 19.79) and the CEQA. In our o&inion thc City must amend either thc e:d:,ting S.P./EIR or the CUPs to make them consistent. If the projects are developed as the appplicant proposes, a whole new environmental document is required, Issuance of a Neg"ative Declaration, or rcliance upon the earlier EIR, would, in our opinion, be wholly incorrect an unsupportable, We urge you to require a new EIR based upon the projects as now proposed and upon current data. Very truly yours, " ~ cc: Edward Gundy, Associate Planner City of San Bernardino / Sandra Paulsen, Associate Planner . City of San Bernardino . cc: 11 \\:> - - - c . ...... Cynthia Ludvigsen !; " II I, i. i. r '-,.,,,,,.~ Attorney at Law ,-.- ----- --" .- _~. - __._._,_ _. ---_0. . 444 N. Arrowhead Avenue, Sulle 202 San Bernardino, CA 92401 (714) 885-6820 october 2, 1987 00 ~ ~ ~ TI \YH~\]) !.1l~;l\ ~tl '9al em l't.lINNING UEPlRJMEIIl" SUI :BEBNAlilIlIUQ. :cA. Mr. Edward Gundy Associate Planner city of San Bernardino )00 N. uD" St. San Bernardino, CA 92418 Ms. Sandra Paulsen Associate Planner city of San Bernardino 300 N. "D" st. San Bernardino, CA 92418 re: CUP 87-5 CUP 87-47. PARCEL MAP NO. 9166 Dear Ms. Paulsen and Mr. Gundy: , client, the Highland Hills the above matters which are Environmental Review Committee \\ I am writing on behalf of. my Homeowners Association, regarding scheduled for consideration by the on October 8, 1987. I have reviewed the applications and supporting maps and documents and find several items which are lacking or incomplete, making it difficult, if not impossible, to fully and adequately review these' applications and make an informed recommendation or decision as to potential environmental impacts and conformity with the Highland Hills Specific Plan. Many of the materials listed on the city's "Plot Plan Checklist", as well as many of the items identified in your department's letters dated August 20, 1987 and September 14, 1987 to the developer, have not been submitted. Therefore, we do not believe that these applications are complete and ready for ERC consideration. FOllowing is . information application: a summary of important materials missing or gaps in necessary for deciSion-making by the ERC for each ] \\lD " - c r.'~ '-" , I Mr. Edward Gundy Ms. Sandra Paulsen City of San Bernardino October 2, 1987 I '..' Conditional yse Permit 87-47 , i. The plans do not Highland Avenue. encroach into the show the building setback line (B. S. L.) along It appears that the pool deck and tennis courts setback area. There is no indication of how the open space areas are to be drained 'and; the swales and drainage structures, particularly those along !Iighland Avenue, are not apparent from the plans. A september' 15, 1987 letter from the applicant's engineer states that the North Fork Ditch will remain as is, yet the site plan shows two tennis courts and an access road constructed over the ppen ditch in Parcell. An access road, parking lot, retaining wall and ap~rtment unit are shown over the open ditch in parec:] 2. If th~ ditch is to be relocated, then it must be undergroundedin concrete pipe and the site plan should show the ne~ pipe's lpcation and th~ easement for it. The site plan does not show the existing utility poles in Parcel ~; height and material for trash enclosures; storage buildings; storage areas for recreation vehicles or boats; or the types of hooding ~evices on light fixtures. The plans discuss an earth berm along Highland Avenue for noise attenuation purposes, yet the grading plan indicates the height of the berm to be only one-two feet. There is nJ indication that the appropriate agencies have had an opportunity 'to review and make recommendations regarding the setbacks for fault zones and flood control. Without those recommendations, it is impossible for the ERC or the public to make any informed environmental decisions. The portion of development in Parcel 2 has only one point of access in violation of city codes and contrary to standards for a High Fire Hazard Zone. The site plan should identify secondary access and provide sufficient data to show that it is workable. The access points into Parcel 2 south of Cook Canyon Creek and into Parcell east of Orchard Drive are clustered and do not have proper offset distances. 2 \\1 c T ........ ......,../ Mr. Edward Gundy Ms. Sandra Paulsen City of San Bernardino October 2, 1987 .In addition"the developer's engineer has stated that there is no need fbr a lbop road during the first phase of construction, but there 'is nb guarantee that there wi 11 ever be add i t iOlla 1 development to extend the road. Unless the developer agrees to bond for fu~ure improvements, this plan should be viewed as the ultimate design for access to Parcel 2 and should not be allowed to depend upon unapproved and undesigned future developments to meet the city's requirements for secondary access. The site plan and the Specific Plan show a dedication of the extension o~ Orchard Road, while the Parcel Hap does not. Similarly, the Speci~ic Plan shows a realginmentand widening o~ Highland Avenue, while neither the site plans for CUP 87-47 nor CUP 87-5, nor the Parcel Map, show this widening or realignment. The developer has submitted four letters which discuss this change in alignment and which discuss various meetings on this issue, but there is nothing to show that either the City or County approved this change or to show that the Specific Plan was amended to allow this change. The developer also has submitted a traffic analysis for Tract 12638, which, in the Specific Plan is shown as Parce 1 C and conta ins 11 si ngle family home lots. How this is relevant to projects involving more than 500 apartment units escapes me. This issue is particularly critical as the developer appears to be eliminating the extension of Orchard Drive, leaving only Arroyo Vista and existing Orchard Drive to reach Highland Avenue. When the remaining po~tions of the Specific Plan area develop, the traffic hazards will be even more critical. ' There is no indication that the San Bernardino County Flood Control District has reviewed or approved all proposed drainage structures on Cook Canyon Creek. The Specific Plan addresses channel improvements, an existing debris basin and construction of a new debris basin upstream, all on Cook Canyon Creek. While the developer states that there are no earth filled dams on this property, it appears that one is required on adjacent property, and, therefore, the entire drainage system of Cook Canyon Creek should be analyzed by the flood control department to ensure that this developemnt is safe from possible inundation by storm waters and debris. Apparently the Flood Control District has not had 3 \ \8 - f -- '.,,.0' ,~ Mr. Edward Gundy Ms. Sandra Paulsen City of San Bernardino october 2, 1987 an opportunity to review and comment upon it relates to this particular development , I this drainag'e proposal. system as Conditional Use Permit 87-5 Several items are missing from this submittal: property line dimensions are not shown; grading and drainage information is missing; the plan does not show existing or proposed contours; pad elevations; street grades; drainage swales; or the direction of flows. Existing easements are not shown; no handicapped' parking is provided; a location map is not provided; water and sewer mains are not shown; the location, height and composition of proposed walls and fences are not shown. Other important items not provided or shown include improvements on frontage streets; location of: fire hydrants; height and composition of trash enclosures; ,location of interior lighting; building setback lines; sidewalks and interior walkways; and zoning district and assessor's parcel number. In addition, no landscape plan is included with the submittal. As discussed above under CUP 87-47, there are numerous drai.nage and flood control issues related to this project which are not addressed. The file contains a letter from the Flood Cointrol District doted Aproil 29, 1987, which states that this site is subject to flooding and debris deposition by both City Creek and Cook Ciinyon Creek. The letter requested improvement plans and studies for District review. Our telephone conversation with the District on September 28, 1987, indicates that the District has never received the requested materials. Again, it is impossible for the ERC to consider this proposal and make an informed decision without the Flood Control District's comments and recommendations. This site plan does not address any of the drainage issues required by either the city or the county.' without pad elevations and building setback lines, it is impossible to determine the site's susceptibility to inundation from flooding or debris. Like CUP 87-47, protection of this site is dependent 4 \\~ C ."...... '..."L . , , ........ '-" Mr. Edward Gundy Ms. Sandra Paulsen City of San Bernardino October 2, 1987 on a comprehensive drainage control plan addressed in the Specific Plan and the information submitted for this development does not consider that comprehensive plan. This proposal also contains the same inadequacies regarding secondary access for both fire and flood conditions as discussed under CUP 87-47. There is an abrupt grade break where the rock- lined constructed channel for Cook Canyon Creek dewaters into the natural channel. Scouring could occur at this outlet, causinbg the channel to erode upstream and dislodge the ungrouted rock lining. The pain does not adress the effects this would have on the channel and on the safety of the development. The fire access shown crosses the bottonm of the Cook Canyon Creek drainage channel and is not hard surfaced. This so-called secondary access, therefore, is not all-weather access and, while it, may be useful during fire, it will be useless during flood conditions which also are a major concern on this site. Parcel Map 9166 Several questions arise concerning the parcel n~p as it relates to the two conditional use permits being considered at this time: ~t is impossible to determine the size or location of the Open Space shown in Parcell; the North Fork Ditch cannot be located from information on the map, so we cannot be assured that developments do not encroach into the easement; the Geologic Hazard Line, while shown, is not locatable, either, and there is no method to determine whether or not buildings are constructed within the zone; the map does not show the extension of Orchard Drive; it does not show the widening or rel1gnmentof Highland Avenue required under the Specific Plan. It is unclear whether the creation of "open area" shown as part of and exclusively for the use of Parcell developemtn satisifies the requirement of a community park under the Specific Plan. This also relates to the realignment of Highland Avenue, as the open area is created by all alignment which differs substantially from that in the Specific Plan. . 5 .:; )'; \~() .c ./ Mr. Edward Gundy Ms. Sandra Paulsen City of San Bernardino October 2, 1987 The Parcel Map does not show the overall parcel being.subdivided~ Therefore, we cannot tell where existing property lines are in relation to those being created by the Parcel Map. This is especially true along Highland Avenue and the westerly line of Parcel 3. From this map it cannot be determined if common ownership lines are being respected, orif gaps, overlaps or substandard parcels are being created. The Parcel Map does not indicate the disposition of existing road rights of way which are being realigned. The map shows the "San Bernardino Drainage Easement" ending partially through Parcel 2, yet it must be tied to the easterly line of Parcel 2 so that the channel can be constructed as shown on the improvement plans submitted with the CUP applications. Also, the placement of the drainage easement in Parcel 4 does not appear to leave a viable commercial site as required under the Spec if ic Plan. Quite frankly, the submittals are incomplete by even the most minimal standards. Either the applicant failed to meet the city's required September 14, 1987, deadline for placement on the October 8, 1987, ERC agenda, or we were not provided with complete submitttal packages as requested. These proposals appear to ignore the Specific Plan and provide woefully inadequate information to resolve critical environmental and planning issues related to the total development of the Specific Pldn site. Furthermore the inconsistencies amon'] the various proposals themselves make an informed and reasoned analysis and decision impossible. We ask that these matters be continued or removed from the ERC's October 8, 1987, agenda and that the appocants once agqain be directed to provide complete packets and required information prior to ERC consideration. 6 \~\ ( ",+" Mr. Edward Gundy Ms. Sandra Paulsen City of San Bernardino October 2, 1987 Very truly yours, ~.._.~:- . ~~'/~'''~ CYNTHIA LUDVIGSEN CL:ts We look forward to hearing from you. cc: Roger Hardgrave, City Engineer cc: Highland Hills Homeowners Assn. ;(.,0' 7 "Ii:". i" h',-l Jl,l !':ll::liy lUl. 11,(' I d I.J U I '; ',:1 ;-; i \ ,f ";;:! 1\ iI.' r11 1 l! 'I I h l ! ,! n ' \ ad.. , , " t "<l;....... GARY'S. RASMUSS'k.tN & ABSocr-...!t:TES I.ENGIN~E~~~~.:..~~~~ -,.I _-..,~----..........._. (714) ....Z4ZZ . \7141825.9052 1811 SO.'~O~.MERCENTER WEST. SAN BERNARDINO. CALIFORNIA 82401 . , April 2, 1987 Quail Contractors, Inc. Box 6000-33 Palm Desert, California, 92261 Projecf No. 1032.5 Attention:, Bob Law ., " , . ..I:). :, Subject: Subsurface Engineering Geology Investigation of parcel':1 ot' Parcel Map 9166, East Highlands Area, San Bernardino, California. References: Preliminary Engineering Geoiogy Report of Highland HllIs Development, TIN, R3W, Portions of Sections 27 and 34, San Bernardino County, California, Our Report Dated April 9, 1974, Project No. 1032. Subsurface Engineering Geology Investigation of HlghiandHllls Planned Unit Development in the East Highlands Area of the. City of San Bernardino, California, Our Report Dated October 7, 1981, Project No. 1032-2. "j Activity of Fault A as Identified on the East Highland Hills Residential Development, East Highlands Area of the City of San Bernardino, California, Our Letter Dated April 15, 1986, Project No. 1032.4. .'>1 \ ,1,'; i'~n i~ . ilil."~..f 1 '0 '~"l!' .1"" -; ~ t"-ht~lff~J~ ,~~: . .. .,t......i"!,~, In . accordance. with your request, we have conducted a subSUrfa'ee engineering . . <<:' :';\\ geology investigation of Parcel 3 of Parcel Map 9166. Our inltllltrllOfoglc Investi- gations for the Highland Hills Residential Development (Project Nos'. i032 and 1032- - .- ,.. ~ 2) identified several northwest-trending faults located within 'thilbedrock areas ,;,i ,. ' between the north and50uth branches of the San Andreas fault. '. The 5Outhwestern- most of these faults, denoted as Fault A on Piate 1 of Project No. 1032-2, was mapped through the northern portion of parcei 3 of Parcel Map 9166. The exact location of Fault A In the immediate vicinity of Parcel 3 was based on an extrapo- lation from Its known location as exposed by trenching east of Parcel 3 and projecting It to the west to a suspected feature In Pleistocene material west of City Creek. The purpose of our Investigation was to locate more. precisely Fault A through the northern portion of Parcel 3 and evaluate Its state of activity. We C:l showed thefaulftta'ce Jasbelii'lfburled 'iii:~ilur:orighialreports.' . fhh~'tault could be ,,11 ,-; ,"I :H,I'i I;; i1iN" .. 1, " I : .r \ r' ;:' I ,~ ," I f ':1 I Iii, \. '\ -J ; , ~ I\l'rn ~:. 1 \III.,. APPENDIX D Qnnll Cllnl.n1f,lnn;, Inc. Box hOOn:l:l 6-5 r ~:. 'd.~ c /" "-# ....;' (610) 5B8~1010 fij) ; ~ fR ~; n \If! iT; Tji\.\ t:~1.."1 .' '.. I; ,; 'J.~ flr,T 27 1(\t'l1' '. . . . vO.., DENNIS A. MARTIN P. O. BOX 8000 . 333 PALM DESERT~ CALIFORNIA 02261 October.26, 1987 Grri 'Pt'T~'fl~;:i-.~i.t e::Pt1lffME.'1.T' S~)} r!I';~l,~~S.'J.ji~n, C4 RE: CUP 67-5 QUAIL WOODS APARTMENTS Ms. Valerie Ross, Chairperson Environmental Review Commission CITY OF SAN BERNARDINO 300 North "D" Street San Bernardino, CA 92416 Dear Ms. Ross: During the recent ERe hearing of the above application certain items were raised. We responded to many of those items (see the attached letter to Ed Gundy dated October 13, 19671, In this letter and on the site plan submitted, we addressed the following items: l. Property line dimensions, 2, Setbacks to property lines, 3, Finished grade elevations for each building pad, 4. Street grades, 5. Slopes along the driveway, which willincHc~te the surface drainage. 6. Drain inlets for drainage ,ii11;,;I;; 7.J, A location map, ,;..,." i'JP'l1i," 6. Fencing location and type'~i/J'.F.:{! The plans submitted should allow the iW~hi.~ering Department and others concerned to have the opP6rtuhity to review and pass upon the proposed grading and drainage, The question of existing irrigation standpipes, flumes, wells, etc. will be meticulously addressed and delineated through the normal processing procedures. In addition to the concerns addressed in our letter of October l2, 1967 and the plans submitted, I would like to also comment on the following issues: l. Trash debris will be removed from the site and disposed of at an authorized disposal ;site; in the area, and all required approvals, permlts 'and fees will be addressed through the normal and proper approach at thEL i"'Pprorri~te time. J;;':' , ,I .~, i'.'.' 1,111l,' I" ,,1.'.: 'LIJ.' 'ii' 'j' \ ';;>..l.\ , .' I "t: ~, J'" c ....,.... , ....' ,-.', ,.,; 2. We. have made arrangements for all of the necessary sewer capacity rights for the project which we are acquiring from Highland Hills, the developer of the overall project. 3, The Fire Department's concern, because some of the buildings are more than 50' from a roadway, will be mitigated by installing a residenti~l fire sprinkler system throughout each unit. The Fire Department has stated that this is acceptable, 4. The fiscal impact we feel will be positiv.. of the effects will b~ as follows: Some Building Permits Plan check $60,719 39.467 ..- ,} '"tf $.100;186 Park & Recreation ,., .,: .". . 99,589 Water Fees,. Connection & Inspection Water Meters ", 20,785 45.340 66,125 Sewer Connection Fee 336 beds @ $200/ea. Sewer Trunk Charge, etc. Sewer Capacity Charge 67,200 19,922 291. 200 . :;~F:~ 3'1/1; 322 ";l(~:'r ii\ 5~OOO <,.. ,.f ,.-,r';Ld:;.C'\ .i'i';'.'1ihl" .,";!'4i1'000 .,11\.1., :"'.: !L;:~,~ ~~'j~ ~ t;~ ::",14!,1560 .,\.l-::Y,:. Lh;:t :ti' ,1:H4'; 508 Drainage Fee Grading Plan Check & Permit Seismic Fee School ree 209,672 SF @ $1.50 Sales Tax Total (50't) $180,000 City Portion 30.000 $1,050,390 TOTAL In addition to the above, the projected real property taxes, when the project is completed, are projected to be $134.400 per year, increasing by at last 2% per year. Not included above are sewer, water, trash collection and miscellaneous fees paid for the life of the project. Also, not projected is the additional sales income and sales tax revenue by the residents of Quail Woods. . i \, 1 r i ; t ~ I ; ~ . <I ~ : ' \ , ! 1 ,'I'; 11 :'1. ;1 ..1,1. 'ill 1.Ji\I' ".".'1 :1 I, :;-1Il(1 I:! i,: . , , 'i. \'d5 c: c '--'/ '...! ,J There is, in addition, an annual fee charged by the San Bernardino County Housing Authority for the administration of the bond program to cover administrative costs, Last but not least, the proposed project will have a positive aesthetic impact on the environment. The size of the units with three of the four plans,being over 1,000 square feet and one being over l,lOO square feet will create the luxury this area deserves. The rents projected" which will range from $565 to over $800 per month, wi II a tt rac t the type of residents which are responsible and stable. It further goes without saying that to attract this level of rents, the project must be not only very attractive but first quality. If there are any other issues that need adch.'essing, please advise me so we can respond immediately or at the Planning Commission Meeting of November 4, 1987. 2i:;:~~ Dennis A. Martin DAM:ke Enclosures cc:, R. Ann Siracusa Edward Gundy William E. Leonard 'i.'ll f:' '.' ( l~:. !\ 't,(:-!~~i,);~, ""\,"!,ClLU;,,:,,. i Bf~lll.d!.';l iJI'J c:,'1.l,II'~' I,.. in'; /1\.:t:lJ.:,1J',j;':)I I',' OJ i)I,: b'>JlIl J,',lrl:~"I.-!, ')\', 'ldrnlllj,:li It ! ,d ~:; t }",t.l L tl".-l 1,":1 :" )!},,(JI,I(:l;'i ( ([ 'oJ \a<o 1" ;1 c .. \....... ..r :) QUAIL CONTRACTORS October 13, 1987 Ed'Gundy, Planning Department CITY OF SAN BERNARDINO City Hall, 300 North "0" Street San Bernardino, CA 92418 , I~ Dear.Mr. Gundy, ;;' ;:; , 1, RE: C.U.P. Application 87-5 Enclosed are twenty copies of a revised site plan that addresses a number of the planning issues that were mentioned at the E.R.C. meeting on October 8th. We have added property line dimensions, setbacks to the property lines, finished grade elevations for each building pad, street grades, slopes along the driveways which will indicate the surface drainage, drain inlets as required for the collection of storm water, location map, fencing, zoning, and assessor's parcel numbers. The two dimensions adjacent to the recreation building, that were~l~ss than 30', will be changed to a minimum of 30' in the final plan, Further. details regarding on-site drainage and;gradfng are a . functiOn of the grading and landscape plans whic~~Of course will not be prepared until the project has receiVed C.U,P, approval. , 'J"3,ij""L,': Pi' We. would .like to request a waiver of the r.q~irijment for recreational vehicle parking. It has been our.~Iloi:tferience in past projects which we have managed after completion, there is very little demand for this type of parking. Please contact us if you need any additional information for the planning commission meeting. Sincerely, QUAIL CONTRACTORS, INC. Robert T. Law Vice President RTL:ke Enclosures -, >..., 42900 [H, 11'11"' [)~.; SkI;"lo.l, HJllchQ Mirage. CA 9mO P.O. Box filOO3J3, Polin! Des<lrl. CA 91261 619/568.1619 \':'1, t l i; () \,:- ,- ~ -'." ,} I '1")1' c ATTACHME~vF (CUP 87-47 G CUP 87-5) November 13, 1987 HONORABLE MAYOR AND COMMON COUNCIL CITY OF SAN BERNARDINO 300 NORTH "0" STREET SAN BERNARDINO, CA 92418 RE: Conditional Use Permit No. 87-47 Highland Hills Project ., , ,. I \l I' ,~~, .(:, Now that we au neighboring cities, and it: h/otit' mutual desire to serve all of the constituents of both cities, it is" time we start working together. We are very concerned about the Highland Hills Project which went before the Planning Commission on November 4, 1987, and will be before the City Council on December 7. In reviewing the City's EIR for this project we have some very serious concerns which we wish to address: The project in many substantial ways differs from the Specific Plan and EIR that were adopted in 1982. The Specific Plan designated the area to be developed with townhouses and single family residences. Mitigation measures for flooding and fire abatem~rtt~addressed in the EIR were to be taken care of by a homeowner's,absociation. . , {';,o-J:' The project as now being reviewed is for a 1200+furiit apartment complex on 80 acres of the 540-acre site. .,ldC\,;: Residents of the area have. expressed concerns:if~~tding the considerable increase in traffic that will overtax.ltma1' roads and the incompatibility of these apartments to the existftlg ;residences. we respectfully request in the spirit of muniClipl!\J. .courtesy that no action be taken on this project until such time as represen- tatives from both High1andtSan Bernardino can meet and come to an understanding regarding the above-listed concerns. IS JOHNSON . COUNC~L E~E~?~7CI.TY O.F HIGHLAND ~~~ R~~ ,t1W>>j--r~ JIM RISSMILLER r.AU~IE TULLY d "I' .)' ,;:,.(, .1' ,.',1,11' " -'::..1:"1-1 i"'}~~ JODY SCOTT. ~~~,":'" P. O. BOX 1072, BIGBIJUIn'CA 92346L1t~'", , "n 'CITY OF SAN BE~ARDINO ". t'" - MEMORANDU~ ANN SIRACUSA To Pl anni ng Di rector Subject Highland Hills Development ROGER HARDGRAVE, Oil'. of From Public Works/City Engr. Date November 4, 1987 File. No. 11. 759 Approved Date >' ~:, i , . This mfll110randuffi is an attempt to clarify some.issues'that have been raised in relatiOn to this development. The Highland Hills Specific Plan and Environmental, Report states, in part, (Page 30): "The main access to the site is along Highland Avenue, which is recommended to be re-aligned and widened to improve sight distance and increase capacity~ It is recommended that the Highland Avenue crossing of City Creek be improved to all weather capability." In order to address the concerns that have been raised on this issue, the developer engaged the firm of OKS Associates to verify the traffic information contained in the Environmental Impact Report. Mr. Peter Liu, City Traffic Engineer, stipulated the design criteria that was to be followed. The investigation by OKS Associates indicated that the designated criteria could be met. .~~;u,;", Projected traffic counts on Highland Avenue, betwe4rt~~h~ main entrance to Highland Hills and Orchard Drive, do ncitt,Jius'tify 4 traffic lanes. However, the County is developing Highland Avenue t04 lanes to the east. After many discussions with.the County Department of Transportation, it was determined that Highland Avenue should be developed to 4 lanes for continuit/.J . t.d; ,', 'i'/-Y'~~~ ~ '-~ Hi9h1and Avenue, west of Highland Hills, will be wid'~.n;ed to 4 traffic lanes by the developer. ,This widening wil1;)oin: the project by Caltrans, to widen Highland Avenue ,at the.,interchange with Route 330 Freeway and replacing the bridge over{C1ty Creek. The new bridge will provide an all-weather crossing for 4 traffic lanes. Conditions of approval for Tentative Parcel ,Map No. 9166 incor- porate the above items. I trust this informat hav y questions. helpful. Please advise if you if "'I '/"': ~ J~rkslC i ~;:UV~~~Jr J,I~': ,ll{ ',<:11,/, !'{; ~R. Hl'ir:~llq ['tll.~_":- ("Oi' l'FlIUC: " . ~1N'I)i~~~~t:;nSi II ill' fir, If , I" I' j ~~1f" .. . ... c '- CITY OF SAN BERNARDINO ,.",~,,, - MEMORANDUM'-' ANN SIRACUSA To Planning Director Subject Highland Hills Development' From ROGER HARDGRAVE, Dir. o' Public Works/City Engr. Date November 4. 1987 Fi'leNo.l1.759 Approved Date ~ .\ ,. ~ " j i:"1: This me~orandum is an attempt to clarify some been raised in relation to this development. ",;I. i S5uJ~\eh~t have ..; ; r,{. The Highland. Hills Specific Plan and Environmental Report states, in part, (Page 30): "The main access to the site is along Highland Avenue, which is recommended to be re-a11gned and widened to improve sight distance and increase capacity. It is recommended that the Highland Avenue crossing of City Creek be improved to all weather capabllity.", ":. ; In order to address the concerns that have been raised on this issue. the developer engaged the firm of OKS Associates to verify the traffic information contained in the Environmental Impact Report. Mr. Peter Liu. City Traffic Engineer._stjpu1ated the. design. criteria that was to be followed. The investigation by OKS Associates indicated that the designated Criteria could be met. ,~. . Project~d tradic coOnts on Highland Avenue. betwe~~t.;~h~mairi... . entrance to Highland Hllls and Orchard Drive."do"not~j'ustify4,n' " traffic lanes. However. the County is developing Hibliland Avenue' to 4 lanes to the east. After many discussions withFthe County, . Department of Transportation, it was determined.tha'kH1ghland.. _ Avenue should be developed to 4 lanes for cont1nuitY~',m~ .', ('t' ,h . ,J'.. , ,.,' ',.!, 1 Hi']h1and Avenue. west of Highland H1l1s. w111"be"wid'enl!Cf to 4 " traffic lanes by the developer. Th.is widening w111,.join~the ,.. proj ect by Ca ltra ns, to wi den H.i gh land Avenue,:1 t) theJ,nterchange with Route 330 Freeway and rep1.cing the bridge over~City_Creek.~, The new bridge will provide an all-weather crossing for,4ctraffic- lanes. i"..c~ Conditions of approval for Tentative Parcel Map"No. 9166. incor-,. porate the above items. ".,', "r'. u>. I trust this informat hav y questions. ,", l ".'. i- ~!\ 1 . ",~ , " . d R G: HARDGR D.1.rrec.t,o,I';of, ,Pub 1i c 1'., . I i'! I) fI j "'.' I'; J" ':!- ii \- RGH:rs ~" 'ieRRICiJEql-1,.'" 11111', IJp'lflnl 'I'C'f)I . . 'J r-cc--s- _~~~" ,~K ,Me.::> . ::it..~';.i,,,,,.,;;o/iI-... . -.- .-. - .. -- .. ,<,r~~~( w111 be he1 pful. P1 ease_advise if you ".,., ,.,..,.',_ ',:\. r '\'I''''~~ll.. \n ....', ,,' ~" _ J' ~ ,'.:.' Works/City En']ineer 1 \ ~ "i", " - c c . , East vJ~y \"later District 1155 Del Ro., Avenue PO Bo, 342~ San Bernardino, C.,II1ornl. 9:'413 (714) 66".9501 Septemoer lBi 19B7 >; " Mr. Dave Scoles DUKES-DUKES & ASSOCIATES, INC. 1875 West Highland Avenue San Bernardino, California 92405 RE: HIGHLAND HILLS DEVELOPMENT Dear Mr. Scoles: Reference is made to the Highland Hills Development Project located north of Highland Avenue and east of Boulder Avenue in San Bernardino. It is my understanding that your firm is proposing to develop two of the parcels in the project., Located within this property is anexistinq :,\irrigation structure known as the North Fork Ditch. The ditch !s;a;rock and mortar lined canal which is jointly owned by the Nortn"Fork Water Company and the Bear Valley Mutual loJater company; 1i7i th substantial holdings in both companies, the East Valley \-later District acts as liaison in all matters pertaining to the North Fork Ditch. It is the policy of both companies that anY'f'l&b~tion of the ditch shall be accomplished by undergrounding the facility using concrete pipe. The District has conducted preliminary discussions with the developers of the Highland Hills Project concerning the ditch's relocation. We will be more than willing to continue these discussions with your company in an effort to develop an alternate alignment and design parameters for the relocation of the ditch. Following approval and construction of the. relocation project (including the dedication of acceptable easemElnts for the new facility), the North Fork and Bear Valley Mutual Water Company will be willing to allow for the destruction of the old ditch and will quitclaim all associated interests along this portion of the ditch., , ,;' . f'hihf' A Oi~ct, rrt'jldent Geuld Yo. ~tooN lice-President DtnnI1:'-' lohmun {Ju(no,' hlt'1 I. Rll~hl::,' lltrc~'o,' Glenn r., llphtfoot [J/fL'CIO' Lury \l.', kOWl General MQ!'IoQrr ,5uulon Donna N., S~(i" Tr#nuu" - (East v~ky Water Distr~;t MR. DAVE SCOLES September 18, 1987 Page Two I hope I have addressed any concerns you may have had regarding this irrigation facility. If you should hav6any other questions regarding this matter, please do not hesitate to call either myself or Bob Martin here at the District. Very truly yours,' ) ..J '\ ~ .. ~. .....'.. V-'--, ,"ifr w. :Jwe ..k:~l Ma ager LWR:tls { I ',"~ r: , \ i r -, t: ~ ~ I; I,;;". J,)1\\i'I <-:'Cil F r3 i-"! 'i" I " ~ -, . 2 '! c ~ fllQ7t b~ Sp~nacy (rJ associates \.",",' 2724 NORTH WATERMAN AVENUE . SAN BERNARDINO, CALIFORNIA 92404 . (714) 883.8911 , , ., ,i', November 4, 1987, City Planning Comn,ission City of San Bernardino Attn: Chairman ,.., r~: Conditional us Permits Numbers: 87.5 and. 87.47 Dear Sin: I am at a loss as to why we tolerate the thought, let alone the possibility of h~gh density units on land total incompatible with surrounding properties. #1 WE ARE POSITIVELY OVERBUILT IN mE AREA OF APARTI.IENT HOUSES AND CONDOHINIUHS, IN 'l'l!E FIRST PLACE. '. #2 I~E ARE IN DIRE NEI:.D OF HF.I~ CUSTOH BUILT HONES IN TIlE $200,000 - $300,000 PRICE R}~CE. These conditional use permits (stated above) l~d much needed for these prime residential dwellings. are proposed "for' ;', '...'. .X sinels . f amiljl :l!<<t .'c ~ r,' ",";' Why governing city hodies, lot alone persons who take their livli- hood from our city, would want to so blotch up our few remaining choice development areas is beyond comprehension. Needless to say, this is why new poople AND natives go running off to o~r neighboring cities. . \ I i:,r I ~~ - 'Jll <,1,), ! '1. ..." '" f."'" i( " ,." ..',.'.... ".' .'" ...., .' ~..... . ... "" ..,'1 ," C!: ' 1 b ,:;.) \.) "..>> tJ I. '".\ J ',,' \, (I '/'f..rt~l( 1':[ '~"I:'I')r'I' " t.."P ) (.. ," 'L~ &., '. ,<' '.." '." " ,. ,,~. i'..IlF \1;1(111:;' 1",. ,. "I'.' I" .1 jr"(\I;i~,/>.~T .,. . \ .., H. ,f! I _' ~ ; '~, RESIDENTIAL · INVESTMENT. · LAND m lIl"lIOQ. c '" Whether it is politics, greed or whatever, we need to take a long look at what is happening to our city and our area. We need to take pride in how it is developed and instead of allowing. six homes to be built on one small knoll, (example: lit. Top Drive, East of Seine), at least make certain the owners will be ablo to back out thoir own driveways without having to back into their neir,hbors: . It is a pleasure to show homes in other communities that have watched, planned, and cared about their developmont. It would be an unforgivable and a serious mistaka to allow these 224 units (87.5) and 325 units (R7.47) be built in this area of existing custom homes. ""j' We sincerely trust this commission will give this sorne serious thought and not sllow such development here or in any other obviously unfeasab1e area, as these proposals represent. ',""rely, c/2.; spe1l~CY ~ FDS/cas .,," IP , , :: P"C!t'llf~r .ft J" 1"01 i l.tc";. cH~t'd 1:' 1,;h;I':('I.,pr~ l'f' t~ ':: f.,1 lHpl:. ;H, ~,dl;lI -Is I! 'i)(I"r~ fill; l:(,~ C\;"I," ell.,;" "Hill ;'li!!. ; I tai:,~ III !i,\U jq hi": ; I I,: ,If'\/I.I(I' ,',(j .;tnc\lu",(',I(' ,:., 1.':\4 - 1''' / \.,.... '-' Smith, Peroni & Fox .,j PLANNING CONSULTANTS, INC. November 3, 1987 Planning Commission City of San Bernardino San Bernardino, Cali fornia SUBJECT: . Highland Hills Sp~~~fic Pl~~ Dear Commission Members, Our firm., under Its former name Eisner-Smith' and Assodates. prepared the Specific Plan and El R for the Highland Hills project under a con- tract with the City of San Bernardino In 1982. I was the project manager for the project. Since the Specific Plan was completed, the developer has proceeded with the preparation of several parcel maps that, in effect, implement the Specific Plan on a phased basis. One of the parcel maps (No. 9166) proposed an alignment for Highland Avenue which differs from that shown on the Specific Plan. This proposed re-alignment was discussed with City staff and was approved by the City. Although our firm has not been involved in the Highland Hi lis project since completing the Specific Plan, I was invited to attend a meeting at City Hall at which the realignment of Highland Avenue was discussed. I understand that the proposal to realign Highland Avenue In a manner which differs from the Specific Plan is being questioned. I think it is important to point out that the Specific Plan is not rigid. It provides the framework and principles within which a development wi II proceed. but there is the recognition that many features will change as further. more detailed studies are done. The Speci fie Plan text in fact acknow- ledges this point. . . . My understanding is that the proposed realignment ~~5 thoroughly studied by the developer. his engineers, and by City staff. I also understand that this realignment will accommodate the projected traffic along Highland Avenue. In light of this, I feel that the proposed realignment is in keeping with the framework established in the Specific Plan and is an acceptable solution. Sincerely, SMITH. PERONI & FOX ;li"i!j~~~IH,~1D~ " I Vice-President' i! . " I ii' 980 E. TafiqiiktWay, SUlle,C, ' F8lm Sp~ng8, California 92282 Telephone (819) 322-0900 . -- ,. ....., ~.ex N. Griggs ..' 28435 Coachman Lane Highland, CA. 92346 October 31, 1987 U!J~' [11 fri'l1:J. I.; \,"7 rl~ .J ~~. ~9 _I~ I \~! :.1 a Planning Department , San Bernardino City Hall 300 No. D Street San Bernardino, CA. 92418 NOV 04 1981 CITY PLANNING \Jf.~AfnMENT BAN B~RNARDlNO, CA , Dear Commiss~oners, i'!' Ii" :.', ~' H Thank you for the opportunity to comment on the Highlan~~Htlls Project. I live in Carriage Hill and unfortunately 1 witl;be out of town on November 4, preventing my appearance .at y6ui hearing. I..am writing in strong opposition to theappli~ation for a conditional use permit No. 87-47 described as Highland Hills. After reviewing the 1982 Environmental Impact Report for this development I am further convinced that the proposed 324 unit development bears little resemblance to the original planned development in 1981. An example is the size of the originally proposed townhouses, single family residences and custom homes ranging from 1500 to 2000 square feet. The current application is for as small{as 400 + squaare feet apartments~ This is quite a DENSITY TRANSFER. ., ; In addition to the above, and aside from the de-valuing,j~ii.~ct upon surronding residences, the following safety and oth~tiI!tems are not and maybe cannot be satisfactorily mitig'ated. :, j ,i; '.,,: ~ . '-r' ',;"I'~} :~v:::T::~:::c shaking can be expected with liqUifactiof:t,1~bblems in lower areas. The mitigation is stated to design and,'ctrliistruct buildings that will not straddle the fault~ These struct~tes must be built to withstand a 7.5 earthquake. 2. WIND AREA The development is designated as a high wind are,a but no .mitig- ation mentioned. 3. TRAFFIC , \'X' When completed this project will add 807 peak hour trip~'.rid over 8800 average daily trips to ,the l!lrl\a"i~~mmulatively impacts, for the general area with other co~struF~~on planned will be 49.000 average daily trips. Incredable~ The widening and realigning '.. ",I : . . ,. of Highland Avenue from Boulder to th~ project entrance sim~ly is not even close to adequate,particularly when you consider the varying widths of the road as it enters and leaves dev~ elopments and jurisdictions, obviously without coordinat{o&. i I I , '" ill ., I " i II,; , ,I ,I " , t 'I , I i , I I " I , ., i I.' I lid ,I ; " . I , , I , , '-i lID -, - , 1...,. 4. NOISE The noise level has been tremendousley downplayed. It will not be limited to adjacent/nearby residences as only one who li~ in the area can attest. 5. FIRE , i' -'. Even though the Fire Departmenthas recommended fire safe s~andards equivelant to the Foothill Fire Proctection standards adopted by the County, whose to say that a reduction in these standards won't be negotiated as the City Council has not adopted these standards? In addition, how will the greenbelts/fuelbreaks be maintained on the site if the initial phase is a cluster.,of apartments? In other words. who will pay for maintenance i.e., clearing and watering if no homeowners association is involved? I hope the many questions relative the the bond financing. . inadequate mitigation measures, questionable procedures through the process of CEQA requirements are vivid enough to cause a dissapproval of this development. It is difficult to comprehend that the land use policy makers of the City of San Bernardino would lower the standards to this degree. Particularly in view of the recent State sanctions upon the City for inattention to current requirements and needs for land use. planning and enforcment. " "L::i,'~ I will be there in person, with my neighbors at the nFltt'!~:hiaring. J~f:.!~ .' ~~' ',;':t . !'i Ji;~ ,: 'ii}i~i! '; . ,~,., , 4Sincere~lY ':~~!t~i' . . il""!!f\ ~"., v-.. ~ .'. .. . 'Ji"il)'} Rex N. Griggs :,'\1',,\;: 1,\ l. d ' 11;1 11!.'1' " "'j( .-l i " ('II I , " , , 1" tlll ,I .: I (, \' II, ',', I ~ ,j;.\ V ;1,1"11' \i ; 1':1.--' I', 1) '} i ! ,_ ~ I r, j I, C L"ND, MANAGEMENT DEPARTMENT , .- COUNTY OF SAN BERN~INO ENVIRONMENTAL PUBLIC WORKS AGENCY November 2, 1987 '~\\\II'''~e ....~t~.... ..... ..... - :::- -:;:.. ..::::-- "...~ ~...... /'ljIJlII\\\~' rnrn ~ rn n \Yl rn lID NOV 041981 385 North Arrowhood Avonuo . Son 8ornordlno. CA 92415,0180 JOHN N. JAQUESS Lind Management Director OFFICE OF PLANNING ~ ::; Sharon W. Hightower : County Planning Officer OFFICE OF SURVEYOR '. ,Claude D. Tomlinson, L.S. \-, .' ,~; ,;. County Surveyor OFFih OF BUILDING AND SAFETY Larry L. Schoelkopf, f.E. County Building Official Dear Ms. Paulsen, l We appreciate the opportunity to comment on the abOve reference Initial study. In review of said Initial study we have the following concerns: A. SEISMIC: The potential for adverse impacts from surrounding earthquake faults is high. The Initial Study indicates that portions of the site are identified as having a high susceptibility for liquefaction. There seems to be only general recommendations included in the Initial Study,.. ;More site specific mitigation measures should be. implemented, B. TRAFFIC: ,~. "::J\I,lf~ ,. ~,i".'~' . The traffic and circulation mitigations for tli'f~;i'lIeve10pment 'were from a report written in 1984. Since that, date more development has occurred and this report cou1d:b.1 outdated. In addition, information provided in the Inith.l,,; study was only an intersection traffic analysis, not a complete traffic analysis of the road system. As mentioned before, there has been a tremendous amount of development in the surrounding area and it seems the overall cumulative effect on traffic has not been addressed by this Initial study; C. FLOODING AND STREAMBANK EROSION: The potential for flood hazard has been addressed by the County Transportation Flood Control Department. The recommendations outlined in their April 29, 1987 letter should be incorporated into the Initial Study as Mitigation Measures; 1,. !fI1'1 :\ ,:\ "1'1:":\: J ,;::>111) !l" li,;!l .,iil' " !".'.' IJ d I UR,~~rn I] W m lID ,""j .~ .NOV 03 1987 !/ /1M) l"UH,ll'dffl'!HTn Ill\i .\r i 'I .',ii' (I ::r,:~\' ":'n\~!,i:\l:: ~1.1 i., .i.l ',' ,., I i~,,'I'~ ,If ~l\ii,hl~,'\' <1,.,,1 ,il '.,,' \. , . 1.I,CITY';l1l1N~iW.I::T;:,rnMENT., """ 'll6fll f3ERNARDlMO, CA..." t l:;il l'5rlil;I~. ), 'i <) Pi ~'" I.', ,II: ; j;)"IU" j ,., "1';' .:!!, '-' To: Sandra Paulsen Page 2 , ~. " ) D. BIOTA: The analysis seems to fail to address the loss of riparian habitat and its effects on wildlife from these proposed improvements; E. PUBLIC SERVICES: I The Highland area is currently deficit in' ~~~reational facilities. The feasibility of the developer.~aying Quimby Act fees seem to be very subjective. The letter from the East Valley Water District states they will serve water if available but makes no commitment to waste water. treatment. The Initial study fails to address these issues; F. GRADING: In lieu of what the city of San Bernardino has experience in the past few weeks in regards to erosion control measures, it is hoped that strict mitigative measures will be applied and enforced; and finally G. nEt: The project area is identified within area B of the Foothill Communities Protective 'Greenbelt' Program.' Since this program was adopted by resolution of the city council, the project should have been evaluated on this basis and mitigation measures should be applied to reduce exposure to fire hazards. The Initial Study did not include a.discussion on the potential exposure of people to this hazard. This project seems to have a potential for signifio~nt effect on the environment. The Initial Study lacks the mitigati~n measures necessary to allow a Negative Declaration to be prepared. All mitigation measures should be included as conditions of approval. ;~ ': , , Thank you for the opportunity to review and comment on this Initial Study. If you have any questions please contact our office at (714) 387-4176. sincerely, EPWA/LAND MANAGEMENT DEPARTMENT OFFICE OF PLANNING ~~ ., LISA WAT~S, ^SS~CIATE PLANNER EAST VALLEY PLANNING TEAM LW:GB:kak i~U),f II. ~ I'.l'l~..~ dfl,": ~ 'It j r~' n ,'llJ j t ~"I i -' r If! !,i!l; L; :\1 :,'I,IL'li'- .c., ': i. : (t ,J '\ It; : 1 1,>(' l..;, 'J": \ \" (I,ll'" ) .1.: 'i. I , ..." '.,I.";i: /'-'" "- , .",.."" .,/ GARY), LA TOURETTE, M. D., INC. Diplomate of the American Board Orthopedic Surgeon. 1800 N, WESTERN AVE., SUITE 3o.t. SAN BERNARDINO, CALIFORNIA 92411 " ORTHOPEDIC SURGEON (714) 887-2519 October 29, 1987 San Bernardino City Hall Council Chambers 300 North D' Street San Bernardino, California 92418 Dear Sirs, In response to the proposal of a 324 unit developement , we feel that this many people and high density apartment complex will create further problems to the already ex- isting problems. Highland Avenue is not equipped to handle that much traffic and we will be faced with further congestion, not to mention the traffic that exists during the winter months ski season. This is only one of the many reasons that I am opposed to this proposal. GJL:dc , ','i Ii. 1(IIJliTIi., I..U, , I;.!< ; .':\,\ ;,l,;,t{, "ij'im I\"r. \'1' .;J I';"" {o~' t n;: .~' 'If"." :.. ,'.11 ;~;',\ " ,.'.1., 1 ", ! ,., ~ " 1. .,. II iiI/I 0 ~1987 ".fl; ,1.,,'.(,1[; '_: ~l"'i IJ ,'.'!" '''1 O'i '"1,"" I. ,I ',il", " 'Ii 11'1, , ,\,~,,<\ . , . f,!", ',,. ....1 . " "i j,'j J-" l~';n, 14ij- .'1'"\ Iii.) t I .'.:"l'N,\.IPl,k,I." J' 'I", I, ; ,,' c ,- , Russ and Sylvia Alverson 8696 Orchard St. Highland, CA 92348 . Mr. Roger Hardgrave City Engineer, City of San Bernardino 300 North D St. San Bernardino, CA November 3, 1987" _ m ~ ~~,~l~] ~ ~ \N ~OI.J () ~ 1981 . ., ,,;t diOEPM\IM'C\'l1 , C\1'( PlM~I~~~\\O\MO. cr>. , . sMl B~\\. ... }''1t~,$,;. Re: Parcel Map 9188 CUP 87':'6 CUP 8T-4T Dear Mr. Hardgrave: We live at 8696 Orchard St., our lot In 1983 and built approximately three-quarters of Highland, California~ our home on It. an acre in size. "e bought Our lot Is We are opposed to the plans to build a thousand or so :.ptrtments across the street from our home because we do not believe they are compatible with our neighborhood. However, of .greater concern Is the fact that a couple of weeks ago we stepped into our front yard to find surveyor's stakes In It. We do not know who put theIR there, although we saw some men In a",orange, unmarked truck in our yard. By the time one of us wu 'able to get dre.sed ~nd go outside they were gone, but the .takes were there. Thl. caused UI to look more clolely at the Highland Hills Specific Plan and the maps and plans mentioned above. We noticed that the parcel map and plans show a change In the line or Orchard Road which places Orchard Road through our house and In our front yard. We have never agreed to sell our house to the people who 'own the property planned for apartments, rior to the"clty. We would llke to know how the city can propose a parcel map and apartment developments which place Orqhard Hoad through our house and yard. The fact that Orchard Road ~un*.through our property Is not real clear on all 01 the plans and parcel maps because they do not show all boundary and adjoining property lines, nor do they show assessor's parcel numbers. We have enclosed a small map showing our property outlined In red and the new curve or line of Orchard Road Is blackened In. 1 Ii ; i ~] ~~ '" li I ' . iJ,!;ni> (>1'.:1-: IU !!J i"'In.;\" 1;. r"''' \...; , " We do not wish to sell our property and do not understand why no one has ever contacted us to let us know that the city plans to put the street there. We were not aware 01 those plans at the time we bought our lot and there was nothing to put us on notice that the city planned to put the street through our lot. We see no and obJect untll this commission reason why this matter has not been dlsoussed with us to any proJeot approvals or paroel map recordings Is resolved. We will be at tomorrow night's planning meeting and hope our questions are answered. Slnce~ . ..~ 4:~& s~rson ~ 1 ~:i H ; ',,} l" .~ /' ., ",.. ' "'''!:,. ;IAj '1'1,';' ~. 'i\:n ::'~.>U'".i "jl;, /I"l,'~, ,.,.....;\!....! i" li'f'. do 11,0 t \1,' ,t !~ I:. t t\ .'i,~ ~ I \! 11 p \; ~'Hk' ;.l.,ni H'~\ ~':!~ 1,1 '<; j, ~' (q'~ , l J I.' l 1;' , i', I ~ 1112 i' t ~I HII\! .'1' ~", i 11 i L l}o ;', l. h i ;, ~~ I, I (I i ,t" i. i l ," ,-, , IJ.l ~ ( ;, t hiJ In t ii,,'.' '" " :::=e: 1\ , e." ~ t' I ~ il l1 3~ ()IJ ~. r" I: a .. (l)tl1~' g 8 I.: tu:lr a of'.) c.. ~1 OJ ~~ Q c, .. '"' to:, !!:"3 ". :, ",'I o.cllj "\ 0_ () tJ c " ~.. _4_.__~ ~-L 'U~4::::. . ...,.....'1.. ~;l:w,.:: r.t ~ ....-. ~ .. .. .. ~ ."s ".,. " ,- ,... .. .. ,. ( I , \ @ , ........ ,. "'~ ~ @ iU.ill/A. 10.le. @ I,OAG. (1) --' i; " I. '. , " 'J;' '~'L ,,-I. I I .. ( \ / ; ! 1\ \\" . . ,'It,1. I ,! C I ~I.. ':~\ ' l,'\l, ." ." :.) i.'I., .. t;, , . '. ~-n PcJL -l~:;t.. , 'C@) (9 ., SAC. ~ r { , ~ " . @. .U41. H .. ~ -. , ~\'1 ( f,};l ., " ~ (- ~ ./ .- A fprO'1(!MA-k \oeA+..on Of NvA' OrChArD Ro~D 1I o " @ 'l \ @ I ~ ..( H ....1 e~ I @) II . . '~-'9'314 ..;~ I I i.. I I I I .. AC. ... ~~ JO' fl 0_..___...... ....1.. I 'sr' @ (J) (I, p (jJ ~ ;j ?: ;U (I' ~ ,(J) tll ~o Ol ~ - o ". o ~::UVl .... )c ~ Cf CD "" ~ ~ OOl on. =-" It.. at 0.., - .." o l> " ..... ., C:., \0 ~ :?,~ '-:l ~ 2 n'n - - -< II> co CD o - OJ 1J..1~ - c it)1 -1 ) CI ERNARDINO 300 NORTH "O"STREET.SAN BERl~I'I'lil'~Lfl',ORNl',(,'. 9fi1'1]J U.J l!~ l\J) !'.l Ll ;j Ul n1 -. . ) NOV 16 1987 PUBLIC WORKS DEPARTMENT ROGER G. HARDGRAVE Director of Pulallc Work. CITY I'lJ,r\l~tn~ ."i'AirfMENT SAN BERNi~ ;]:;~O. ell November 13, 1987: 1'; File No. 10.0 5ti:, Highland Avenue! Russ and Sylvia Alverson 6595 Orchard Street Highland, CA 92346 RE: Re-alignment of Orchard Street and Highland Avenue Highland Hills Development Dear Mr. and Mrs. Alverson: .' This is in response to your letter of 11-03-87. 1 , , : ,r: '..'.~I The conditions of approval for the Highland Hills ~.v~lopment require the re-alignment of Orchard Street, in order to make a better intersection with Highland Avenue. Thisre..al ignment does not have to be done as a part of the first phas~Jof de- velopment. Some additional right-of-way will be requ{red from your parcel, but the re-aligned street will not go through your house. Cooperation of the County was needed, since your property is not within the City of San Bernardino. The re-alignment was developed in conjunction with the County Department of Transportation/Flood Control. The survey crew you observed setting stakes in your front yard was not the City's, but could have been the County's. Highland Avenue is planned to be widened to four lanes in this area. This widening will also necessitate some additional right-of-way from your property.. Before the re-alignment or widening can be commenced, it will be necessary for the County (City of Highland) to negotiate with '~;;t..., ~ I'. ~ ~.. 1 VI: 'l.. ;'1, I:") ~I. !]"I I, l 1 1 '.',I..J j ,..!. 'I -., 'P(llj"f! . II : Ir I ') :~ 17141384.5111 - 384.5112 \1-\4 (' - \;,.. ., .,,,,.01 , ,j Russ and Sylvia Alverson November 13, 1987 Page - 2 - you for the additional right-of-way. rights-of-way have been acquired, can provements be accomplished. I trust this information will be sufficient to answer your questions. Only after the additional construction of.these im- Very truly yours, . .! , ,. ROGER G. HARDGRAVE Director of Public Works/City Engineer RGH:rs -,t:' .~ ,.; cc: John Steger Chief, Transportation Program Management County of San Bernardino 825 East Third Street San Bernardino, CA 92415 ~nn Siracusa, Planning Director fl, U :', ~_, (,Ill d :: 'v'1 '/i:1 I~~ j ',' 1'1, i1lj j'IJ '.,' e In!,l p:' J ~, 1:1 ')1.1 ;,1 ~I -II . ,_ ,1 f !:: i' ::.11 L ,I d d i t. i; Iii,' ~ q Ii t ' I": . ".' (' j i ' lhj~', ,'If,.;'Jav fld\':':' I '~.,' ':<!lillll~d~ :';',' i;1 . t I . " .' I., '"I illl \~ h, ',I (., '0111 i 'i Ii.: ,1 I . JI~ - - c ADDITIONAL HIGhLAND HILL()NFORMATION - ,) Planning Commission Meet~g of 11/17/87" \ ,..I ~ -~ edwaQd q. hill, JQ. 1817 NORTH '0' STREET SAN BERNARDINO, CA 92405 (714) 881-1864 November 12, 1987 Mr. Bill Leonard Post Office Box 1367 San Bernardino, California 92402 'I Re: Single/Multiple Family Compatibility, East Highland Hills Dear Mr. Leonard: I have reviewed my appraisal experiences and have field inspected the subject and several neighborhoods for the purpose of commenting on the compatibility orlsck of compatibility of single family residences in proximity to multi-family complexes. If the uses are compatAble, there will be a stability in property values, but; iif: they are not compatible, there can be a deterioration.t,~ ,.,i'i, ',I":',. :~I,'J:L' It is my overview that well maintained improve~.n~1 can be compatible provided that the uses do not intrud.r~pon each other. The intrusions could be si9htl'l!1pise, emissions, increased traffic or resident.:'.;:;'with dissimilar motivations. If these intrusions occtitl it makes little difference as to the use of the improvements being single family or multiple or any other combination. One can find a clean industrial use, school or office that is a better neighbor than a full time intruder with a conforming residential improvement who devalues the neighborhood by poor maintenance or unacceptable behavior. I: "till ~ . I ' I - f ! I I j Ii Il'WI11!H/',I'I'I'11<! .1 I! Ii " i- rDJ~;~j~ n W ~ m un"",.,;..", 1.._" NM,t3 1987 t'lnPfl' f(,!,'; 1. 1'11111/'1111 I III' '" ....'! CITY PlAN~INO OEi'MlTII:1ENT SAN BERNARDINO. CA . II' - - c v , , ~ , ....) November 12, 1987 Page Two ,I' ;' A usual zoning pattern is to provide multiple ):onfrtg as a buffer between higher density or less desirable land parcels and lesser density developments. The subject is less desirable because of its lower elevation and proximity to a primary access road, Highland Avenue. Highland Avenue is precised to accommodate traffic to large areas of development in the East Highlands Bench. I believe the subject land parcel lacks the desirability to be developed into higher priced single family residential sites of the existing neighborhood. These same factors provide a basis for suggesting a multiple use is appropriate. Additionally, because there is existing bet ter qual i ty housing, the proposed quality development of subject can create a consistency of neighborhood desirability. The development, as proposed, is a quality prOdU'~~' '~nd a relatively modest density - eleven units pll'/:; .cre. (Higher density multiple units attain 30 units pe~aQre.) This density is a great deal more like a condominium project. This project is well maintained and {provides a stable influence in the heart of res.i'd.n'tial neighborhoods. The stability occurs becaus~ the development is as attractive as any housing ahd.. rreen space creates desirability that may not be availab e to a single family residential orientation. An example of neighborhood compatibility of mixed residential uses is the Lynwood project at Lynwood and Sterling Avenues. The traffic flow in this project could be objectionable, but the traffic from Lynwood enters only the project and not the adjacent residential areas. The development of the subject similarly directs traffic away from residential areas. , .3, ,.1- r'.' \- , .......' "...,,; \ .....I November 12, 1987 Page Three Another nearby area with multiple uses corttirtio~s to single family residential is at Mountain Shadows to the west of subject on Highland Avenue. I do not believe the values of even the contiguous homes are mealilurably affected and those a block away are not affected at all. In some are as of San Bernard ino, mul t i pIe uses have tended to be an upgrading of transitional or older use parcels adjacent to commercial uses. Typical are the developments north or south of Highland Avenue. Thes~ developments have generally benefited the neighborhoods by rehabilitating older improvements to new developments. In newly developing areas, there are a great number of multiple residential areas which are in proximity to single family residential without value impact. Such developments are found in abundance in the Palm Springs complex or along the freeways to San Diego, in fast growing Moreno Valley and parts of Riverside. .,,: ,.~ 1"- . "..~ There are multiple residential projects which:d'evalue adjacent lroperties, but in these instances, the .projects are usual y uneconomic ~ soorly managed. One notorious project is the units at Ar en and Highland. Theaeunits were built prematurely twenty years ago. TheY(;have a long history of out of control management and I,;iam.,sure they depress even the modest value adjacent singleflmily residential neighborhoods. The fact that this poorly managed complex causes a depressing affect should not be an indictment that values are per se changed by a proximity of higher and lower denSity residential uses. ..I ,"_"I,il', I"!' " ,.' " ,I .. - c "'. ..'. , ,,) :) ","'" November 12, 1987 Page Four ;,,( :f"..':,;:, ;..,:. It Is my view of the subject that the higher denjity use will be equally compatible to the existing residential as lower density use because: 1) The land area is conducive to medium density residential. 2) The development contains its traffic flows away from adjacent existing neighborhoods. 3) The development has approximately fifty percent open space areas. 4) The development is of substantially greater quality and has more amenities than most other multi-family development in San Bernardino. I certify to the best of my knowledge and beliel,fh';t the statements and opinions contained in this t:epo'rt are correct: that I have no present or contemplated. future interest in the property appraised: and neithttt the amount of my fee nor my employment is contingent upon the amount of value reported. ~ ,I ctfully, ~ if '-'f ~~'. ~ll, Jr:-- Real Estate Appraiser EGH/bd to .,i " :1 . .,,, c "-, . '\ ,j J ~ APPRAISAL QUALIFICATIONS I EDWARD G. HILL, JR. EDUCATION Graduated from the University of California at, Los Angeles, B.S. Degree, majoring in Business Administration wi th specialization in Real Estate. Attended various appraisal seminars presented by the American Right of Way Association. Completed appraisal and real estate related courses in extended sessions at the University of California at Riverside and San Bernardino Valley College. Attended seminars in Real Estate Education at Cal Poly, San Dimas, and the University of Califo~nia Los Angeles extension. EXPERIENCE Self-employed as independent appraiser and land acquisition coritractor, January 1, 1960 to date. Right of way Agent, acquisition and appraisals, Riverside County Flood Control District, August 1958 to January 1960. Right of Way Agent, acquisition and appraisals,,: State of California, Division of Highways, April 19!5S '. to August 1958.' ,. ':-) . . , COURT TESTIMONY ,:~;k ;1 Testified and qualified as expert witness in ';ai4~~ion in the Superior Courts of San Bernardino, Riv.t$ide, Orange and Los Angeles Counties, and the Los An'!Jeles and San Bernardino Bankruptcy Courts ..,~I,. RELATED EXPERIENCE,:J;r) !. Instructor at University of California at Riverside for Real Estate Certificate Program, .Principles of Appraisal,. "Appraising for Investment Purposes," "Advanced Real Estate Appraisal," and "Commercial and Investment Properties." Extended Day Instructor at San Bernardino Valley College, "Advanced Real, Estate Appraisal." AFFILIATIONS ')." Society of Real Estate Appraisers, SRA '(Senior LiReSidential Appraiser). Broker Member of San Bernardin~ Board of Real tors. Advisory Board Member for the. Bank of Redlands. ~ ! r', . t . ; i ? I j. I r '\ I i ,i {f t ~ ,\ H:; , HI i',i'l ,I:: c , . '\ .....,~./ i~ (I ,..I ......, Russ and Sylvia Alverson 6696 Orchard St. Highland, CA 92346 November 16, 1981 Plannlnc Commission City of San Bernardino 300 N. D St. San Bernardino, CA 92418 re: CUPs 81-5 and 81-41 Ladles & Gentlemen: We have learned that your staff above proJects, and that one of that Orchard Avenue be widened on Is recommend I ng the condit ions our land. approval of the of approval Is As we pointed out In our last letter and at the public hearing on November 4, 1981, no one has consulted with us about turning our front yard Into a street. From what we can tell from the plans, we will be forced to give up our house as the street will be within several feet of our front door, given the size of our lot and the position of our house on the lot. We see no reason for this as Orchard Avenue can Just as easily be widened on the property belonging to the developer of these two projects, Mr. Leonard. ,.1. ','I In addition, your stall states that either theCo'ulli:Y~:Of San Bernardino or the new City of Hlchland will have to oondemn our house in order to widen Orchard Avenue. We have checked with the County and understand there is no agreement on Its part ~Ith your City to condemn our house. As tar as we know, thil City of Highland has not agreed to do so, either. i",:l::' ; I :~~;~::~ f: t '," From what we can tell, your City Is the only one thatha.a decided that our house and yard should be condemned In place of requiring Mr. Leonard to dedicate his own land for his own developments. If you approve this be condemned, we against the City of project with the requirement that our house will bring an Inverse condemnation action San Bernardino. Sincerely, ~~VI' cc: Mayor Wilcox cc: City Council .{II. 1'1:1, I, 11 r;- III;. ;'j:! .. .. ,of' - . fynthia Ludvigse~ Qttorney at Law :) 444 N. Arrowhead Avenue, Suite 202 San Bernardino, CA 92401 (714) 885-6820 ',I ,_ , November 17, 1987 'l."i i '2.,,,' ~;. ~~ ~>'~>F It. .1,.1 J.' > .~.li " : ~,' ~~~;' .~~ ,,"I.'.~, .."'11:f ~jJt: :i~l, AJ'UI':''''/ t'l.'r ~ r.:: .",!,)." , .)!,.!I'I' !i:':r):+1f;';'~' On behalf of my client, the Highland Homeowners Association, I have reviewed the staff reports on the above two applications, which were made available late on November 13, 1987. Planning Commission City of San Bernardino 300 North "D" st. San Bernardino, CA 92418 Re: CUPs 87-47 and 87-5 Ladies & Gentlemen: These two reports contain substantial new information and conditions recommended by your staff. Therefore, we believe it is inappropriate to have closed the public hearing and to allow no further public comment or input. Under state environmental and general plan law, public input is required to allow a full examination of issues and concerns prior to a decision being made on a project. To close off that input before recommended development conditions are available does not fulfill tile purpose of public review. ..,', " , This merely compounds our previous complaint that;th~$d'\ projects are going through the approval process without details regarding flood control, street design, etc. being available. The' response of the developers and your staff has been that these matters will be taken care of later--in final engineering or design. \ Howe.ver, these are major environmental issues, the design and 'detail of which should be available prior to a decision on;app~oval being made. Without such specific information, it is impossible to determine whether the projects mitigate environmental impacts or comply with the Specific Plan. , ,. " I' I II In addition, we find your staff's statement of the issues raised at the public hearing on November 4, 1987 woefully incomplete, inaccurate and misleading. Those members of the commission who were present at the hearing know that numerous other issues were raised, inCluding many procedural issues, which the staff reports fail to address. Furthermore, those reports do not ,include many written comments which were received prior to the November 4th ~public. heal: irtg, ,b\lt. ,r.,after the staff reports for those hear ings were prepared. Those written comments were from th~following :"~:i-;,' i~: ",:,: ~:\;, ~( 1 ! . 1",,) i . ,i .....'" 'f"'::~~. < c: (, ,/ :) Planning Commission November 17, 1987 individuals: Freddie Spellacy (11/4/87); Lisa Watts, Associate Planner, Department of Land Management, County of San Bernardino (11/2/87); Gary J. La Tourette (10/29/87); Russ & Sylvia Alverson (11/3/87); Gary Bill, Associate Planner, County of San Bernardino (9/10/87). We believe there were other written comments received during the course of the review before the ERC and Planning Commission which are not included as part of that staff report. Your staff reports fail to include the above comments or to address the issues raised by those comments. Also, the staff report fails to address numerous legal and procedural issues raised, such as whether or not the Specific Plan can be amended by a Parcel Map; whether the ERe recommendation was premature, given that substantial plans and details were submitted after the October 8, 1987, ERC meeting; whether city. ordinances or resolutions were violated since the proposed negative declaration did not go back to the ERC for final approval after comments were received (see Resolution 13157, section 28). Furthermore, we questioned the review period for the proposed negative declaration in light of the fact that state and federal agencies have jur isdiction over resources affected by this project. Your Resolution 13157, Sections 31 and 32, .as well as CEQA and the state CEQA Guidelines, Section 15073, require a 30- day review period for such projects and circulation to the state Clearinghouse, which was not done in this case. Furthermore, the above city resolution also requires a 30-day review period, and circulation to the state Clearinghouse for a proposed residential development of more than 500 units, a project whose direct, environmental effects will extend beyond the city, a project impacting on an area of critical environmental sensitivity for which an EIR was prepared and a project which requires state or federal permits, all of which we believe to be the case bere. We also wish to point out that one of the new conditions suggested by your staff is that the County of San Bernardino or , i I;'; ::;' 2 ,:~(M!L;"1,tt; >h~i"'~l"'~ Ii' 1;.), 1S3 . I I:., c .j Planning Commission November l7, 1987 I I \..,1 " as .it now is, the new City of Highland, condemn private land not owned by the developer to widen Orchard Avenue. We understand that there is no agreement with the County to undertake such action and. the new City of Highland certainly has not had an opportunity'\.tq \ review this~' In effect, your staff ! has recommended:an unenforceable condition, which is intended to mitigate traffic impacts of this project. No one has addressed or considered what will happen if the County or new City are unable to~:condemn this ! land. We do not see how the City of San Bernardin~can ever enforce this condition and suggest that it consider:~l,tetnative mitigation measures. 1. ~ Overall, we once again reiterate our position that the developer and city appear to have abandoned the Specific Plan. It is used and relied; upon where convenient or favorable to the developer and disrega~ded where it does not match the developers' plans. Furthermore,' this .. is a . piecemeal development of an area subject to a Specific Plan instead of an overall, integrated development as required ~nd envision,d by any SpeSlfic Plan. We further. find some very interesting rationalizations regarding the nature of the hbusing units in the staff report. The fact is that the entire environmental analysis, particularly the fiscal impacts sections, were based upon ownership units which the Plan identifies as selling for prices in excess of $150,000. The Plan and EIR are ,not based merely upon "townhouse style" units. Furthermore, the staff report and developer refer repeatedly to the "upsca"le,';,.,pature.,:, of these . apartments. This is somewhat hypocriti~l'('"glventhat they. intend to use tax exempt bond financing",~~ich. is predicated upon affordabil1ty criteria. Either the'ideveloper intends to violate the restrictions placed upon the' '~:bonc1' issue' or is misleading you as to the nature of these apa~fments. . As we have said before, we believe there is insufficient detail and information prOVided about these projects to allow anyone to intelligen~ly assess their environmental impacts. The City still has not .been provided all of the information it lists on its init ialp;l,an review checklist . i.'- . ., 3 15'1 c (' , v '. ::J '.,.".",. Planning Commission November l7, 1987 " At the last meeting, several planning commissioners ,indicated that they had not even seen or read the Specific Plan. others were unfortunately absent from the meeting. , The new City of Highland has not been consulted nor has it had an opportunity to review this project. The contempt shown in your staff report's response to the County's earlier suggestion that this project be circulated to the Highland Municipal Advisory Council is surprising and unwarranted. We suggest that this Commission either disapprove these projects outright, or at the very least, continue these matters until all commissioners have had an opportunity to read the Specific Plan and ErR, do a site inspection, listen to the tapes of the public testimony if they were absent from the November 4 meeting, and until the new City of Highland has had an opportunity to review and comment upon this project. We believe that after doing so, you too will agree that these projects do not comply with the Specific Plan and that the latest staff reports do not give a full and accurate assessment of these projects and of the public testimony provided two weeks ago. J ts , :' " 4 .' 'I '. 'i:'''.1 - - c /"''- , fnll L1U ,. ; ..~u." ....I 1 . . :ii I " i ........ '-,<II IWV 20 1987 CllY 1'1/'.1.. November 18, 1987 S,4!J Br;:.: <.),;T ,'1'1 Hr. Roy Nierman Planning Commission City of San Bernardino 300 N. "D" Street San Bernardino, Calif. Dear Mr. Nierman: My husband and myself would like to thank you and the Dther members of the planning commission who voted to turn.,down the proposed apartments in the Highland Hills development. We are residents of Mt. Shadows and feel that if this apartment complex had been endorsed by your commission, it may have paved the way for th~ Mt Shadows apt Villas by Stubblefield that was ordered to do a Focused E.I.R. last year. Once open space is gone-it is gone! We need to carefully plan I;; the use of this remaining picturesque area that is ~i~d a triple hazard with fire, flood, and quake danger.T:~.~~elare new- -";!<l updated findings coming in now on the Whittier quake: of Oct.I,1987 that will probably change our building codes and mak~ 'them , , , 'Women,children, tougher; which is good. The safety of the individual and men who would occupy density.structures is sometimes put on a lower priority than should be. We hope you and the other commission members will con!inue to strive for a more conservative long-term view to the future as our very forward-looking and classy neighbor, the city of Redlands, is! Sincerely , ~~A.- ~'7 ~A'~ Bill & Alice Todd ~ I' II' lJ\ i.li" r,,1 f 1,.':lj, 15<0 - i (..oarb of ~UJ.1trui.6or.li __ (!tountuof ~au iStrnarb~H9,'D.-ADI4HtC.\'-';:. ,~\\II,,,!~/ IS87 ;i,(N 23 fJ\~) 57 ~t\~ ..:;::. ''n. ~ ......~ ~...... /1f'J'II\\\~' 1853 , ~9- BARBARA CRAM RIORDAN SUPERVISOR THIRD DISTRICT -"'" SYLVIA ROBLES FIELD REPRESENTATIVE MARIE TEETERS FIELD REPRESENT A TlVE November 17, 1987 ~d-L53J/o ,9' ,.,,) Y \.' "9 .~,(tr~\l'r'," "(: rg":J (3J"Li V tu ..0 ..:f NOV 20 '19B7 :'~ :.:- MAYOR'S OFi'lC~ /J I "'''''r I" ".' ....., ,.1'\,.--:/ Mayor Evlyn Wilcox and Common Council City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 Dear Mayor and Council, You will be receiving a request from the City of Highland council-elect members for a brief continuance of the High- land Hills project so that the Highland Council might work with you and your staff to mitigate some of the issues of concern to the residents of the project's surrounding area. I would appreciate your positive consideration of extend- ing this courtesy to the new City. . '. CRAM RIORDAN P visor 'rd District BCR:bc "I -' '-' c:, . ., 1"1>1'11 111~.;"l\jj!1:IlI'l!\11 . , . ,", ." ' . . .~. I-~: ~::'\''i:l nr . ,:I,Or~ !\,d't ~Pil'/~f-)JP ,.1 '\ iin;A}t /\ <':~ ,'j 'I'~ ",! J:j; .:,.)\\ ,',!,.' ':' " ;>: \ ~ ':: 1'11::1.,1', ]',1", ill '-1,":',1 \6'1 San Bernardino Countv G~varnment Canter' 3B5 North Arrowhead Avenua ' San Barnardino, CA 92415,0110 . 17141 3B7,4B55" 17141 B25,4050 '..ill ill .,-