HomeMy WebLinkAboutCDC/2010-66
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RESOLUTION NO. CDC/2010-66
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RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO CERTIFYING THE FINAL PROGRAM
ENVIRONMENT AL IMPACT REPORT FOR THE MERGED, AMENDED
AND RESTATED REDEVELOPMENT PLAN FOR THE SAN BERNARDINO
MERGED REDEVELOPMENT PROJECT AREA A FOR THE PROPOSED
MERGER OF THE CENTRAL CITY NORTH, SOUTHEAST INDUSTRIAL
PARK, TRI-CITY, SOUTH VALLE, MEADOWBROOK/CENTRAL CITY,
CENTRAL CITY SOUTH AND CENTRAL CITY EAST REDEVELOPMENT
PROJECT AREAS; MAKING FINDINGS PURSUANT TO THE
CALIFORNIA ENVIRONMENT AL QUALITY ACT; ADOPTING A
MITIGATION MONITORING AND REPORTING PROGRAM; AND
ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS.
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WHEREAS, the Mayor and Common Council of the City of San Bernardino (the "Common
Council") have previously adopted and amended, by ordinance, individual Redevelopment Plans
for the Central City North, Southeast Industrial Park, Tri-City, South Valle, Meadowbrook/Central
City, Central City South and Central City East Redevelopment Project Areas (the "Redevelopment
Plans" or "Project Areas" as applicable) in accordance with the applicable provisions of the State
of California Community Redevelopment Law, Health and Safety Code 33000 et seq. (the "CRL");
and
WHEREAS, the Central City North Redevelopment Project Area was adopted in 1973;
Southeast Industrial Park was adopted in 1976; Tri-City was adopted in 1983; South Valle was
adopted in 1984; Meadowbrook was adopted in 1958; Central City was adopted in 1965; and
Central City South and Central City East were adopted in 1976; and
WHEREAS, the Redevelopment Agency of the City of San Bernardino (the '.Agency") is a
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community redevelopment agency duly created, established and authorized to transact business and
exercise its powers, all under and pursuant to the CRL; and
WHEREAS, the Community Development Commission of the City of San Bernardino (the
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"Commission") is the governing body for the Agency; and
WHEREAS, the Commission has previously taken certain actions in coordination with the
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Common Council relating to the proposed Merged, Amended and Restated Redevelopment Plan for
the San Bernardino Merged Project Area A (the "2010 Merged Plan") thereby merging the Project
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1 Areas (the "Merged Area A" or the "Project") in order that the Agency may more fully undertake
2 programs to eliminate and prevent the spread of blight throughout the proposed Merged Area A; and
3 WHEREAS, the merger of project areas are desirable as a matter of public policy if they
4 result in substantial benefit to the public and if they contribute to the revitalization of blighted areas
5 through increased economic vitality of those areas and through increased and improved housing
6 opportunities in or near such areas; and
7 WHEREAS, CRL Sections 33450 through, and including, 33458 address amending
8 redevelopment project area redevelopment plans; and
9 WHEREAS, CRL Sections 33485 through, and including, 33489 address the merger of
10 project areas; and
11 WHEREAS, during the period of August through September 2009, an Initial Study was
12 prepared under the provisions of the California Environmental Quality Act (the "CEQA") which
13 evaluated the potential effect on the environment of the proposed Merged Area A; and
14 WHEREAS~ on November 20,2009, the Initial Study and Notice of Preparation were mailed
15 to the State, responsible agencies, trustee agencies, affected taxing entities, cities and counties that
16 border the City of San Bernardino (the "City") and were advertised to inform the general public of
17 the availability of the Initial Study for review and comment; and
18 WHEREAS, there was a 30-day review period for the Initial Study that lasted from
19 November 20, 2009, to December 20, 2009, as required by CEQA; and
20 WHEREAS, on December 9,2009, a public scoping meeting took place in the offices of the
21 Agency where the members of the community could provide input concerning preparation of a
22 program environmental impact report (the "Program EIR") for the proposed Merged Area A; and
23 WHEREAS, the Agency, authorized as the "lead agency", prepared a draft Program EIR (the
24 "DEIR") for the adoption of the 2010 Merged Plan pursuant to CEQA; and
25 WHEREAS, on June 2, 2010, the DEIR was completed and a Notice of Completion was
26 filed with the State of California thereby starting the required 45-day review; and
27 WHEREAS, on June 2, 2010, a Notice of Availability was published advising the public of
28 the availability of, and inviting the public to review and comment on, the text of the DEIR
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1 (including all appendices) during the required 45-day review period between June 2, 2010, through
2 July 16, 2010, as required by CEQA; and
3 WHEREAS, on June 24, 2010, and on July 8, 2010, during regularly scheduled
4 Redevelopment Committee meetings, the public was afforded the additional opportunity pursuant to
5 a duly noticed agenda item of the Redevelopment Committee for the public to provide written
6 and/or oral comments concerning the DEIR; and
7 WHEREAS, at the conclusion of the above referenced 45-day review period the Agency had
8 received written comments from four (4) agencies and one individual; and
9 WHEREAS, these comments were responded to in writing as required by CEQA and the
10 final Program EIR document (State Clearinghouse No. 2009111089) (the "FEIR"), dated August 13,
11 2010, has been prepared and transmitted to each responsible agency which submitted comment to
12 the DEIR; and
13 WHEREAS, all actions required to be taken by applicable law related to the preparation,
14 circulation and review of the DEIR have been taken; and
15 WHEREAS, on August 25, 2010, the Planning Commission of the City of San Bernardino
16 (the "Planning Commission") made the following recommendations to the Common Council and
17 the Commission: 1) Certify the FEIR for the 2010 Merged, Amended and Restated Redevelopment
18 Plan for the Merged Area "A"; 2) Adopt the Mitigation Monitoring and Reporting Program
19 (MMRP); and 3) Find the 2010 Merged, Amended and Restated Redevelopment Plan for the
20 Merged Area "A" to be in conformity with the General Plan; and
21 WHEREAS, a public notice having been duly and regularly given as required by law, a full
22 and fair joint public hearing has been held by the Commission and the Common Council concerning
23 adoption of the 2010 Merged Plan and approval of the FEIR related thereto, and all interested
24 persons expressing a desire to comment thereon, or object thereto have been heard; and
25 WHEREAS, the FEIR consists of the DEIR, as revised and supplemented to incorporate all
26 comments received during the public review period, if any, and the responses of the Agency to any
27 such comments, and the Mitigation Monitoring and Reporting Program; and
28 WHEREAS, the Commission has reviewed and considered the FEIR, Statement of
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1 Overriding Considerations and the Mitigation Monitoring and Reporting Program with respect to
2 the Merged Area A, and all comments made thereon and all responses made thereto; and
3 WHEREAS, it is recommended by Agency Staff that the Commission adopt this Resolution,
4 certifying the FEIR for Merged Area A; approving a Statement of Facts and Findings and Statement
5 of Overriding Conditions Regarding the Environmental Effects for the Final Environmental Impact
6 Report for the San Bernardino Merged Area A - Merger and Amendments Project - State Clearing
7 House No. 2009111089 (the "Statement") in the form as attached hereto as Exhibit "A" and a
8 Mitigation Monitoring and Reporting Program (the "MMRP") in the form as attached hereto as
9 Exhibit "B", and authorize the filing of the appropriate Notice of Determination for Merged Area A.
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NOW,
THEREFORE,
THE
COMMUNITY
DEVELOPMENT
11 COMMISSION OF THE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE,
12 DETERMINE AND ORDER, AS FOLLOWS:
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Section 1.
The foregoing recitals of this Resolution are true and correct.
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Section 2.
The Commission and Common Council held a duly noticed joint public
15 hearing on October 4,2010, which was continued to November 1,2010, and which was further
16 continued to December 6, 2010, and held and conducted on such latter date. All interested persons
17 had the opportunity to present both written and oral comments regarding the 2010 Merged Plan and
18 the FEIR at the joint public hearing as actually conducted and at the earlier dates when said joint
19 public hearing was continued to subsequent dates. The Commission has considered all comments
20 received on the DEIR, which comments and responses thereto are contained in the FEIR. These
21 actions having been taken, the FEIR is hereby approved, certified and adopted as the Final Program
22 Environmental Impact Report for Merged Area A and incorporated herein by reference.
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Section 3.
The findings made in this Resolution are based upon the infonnation and
24 evidence set forth in the FEIR and upon other substantial evidence in the record of the proceedings
25 on the 2010 Merged Plan and the FEIR, which include, among other things, the City of San
26 Bernardino General Plan and the City zoning regulations. The documents, staff reports, plans,
27 specifications, technical studies and other relevant materials, including, without limitation, the
28 FEIR, that constitute the record of proceedings on which this Resolution is based are on file and
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1 have been made available for public examination during the normal business hours of the Agency
2 offices, 201 North E Street, Suite 301, San Bernardino, California. The custodian of said records is
3 the Secretary of the Agency. Additionally, the FEIR is on file and has been made available for
4 public examination during the normal business hours in the offices of the Community Development
5 Department, City of San Bernardino, 300 North D Street, San Bernardino, California. The custodian
6 of the FEIR is the Interim Executive Director of the Agency.
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Section 4.
The Commission and the Common Council have proposed to adopt the 2010
8 Merged Plan for the purpose of enabling effective redevelopment of Merged Area A. The principal
9 objective of the Merged Area A is to help eradicate the remaining conditions of blight that have
10 continued to exist in the Merged Area A. To achieve this objective, the 2010 Merged Plan
11 contemplates the implementation of: 1) merging the Redevelopment Plans for the Project Areas, for
12 financial purposes, into one document to be known as the 2010 Merged Plan; 2) combining and
13 increasing the limit of receiving tax increment revenues of the Project Areas into a single
14 cumulative limit; 3) combining and increasing the limit of bonded indebtedness of the Project Areas
15 into a single cumulative limit; 4) extend the effectiveness of the Central City and
16 Meadowbrook/Central City Redevelopment Project Areas for a period often (10) years each; and 5)
17 adding significant capital improvement projects to be undertaken within the Merged Area A. By
18 doing so the Agency will be able to: 1) upgrade public facilities and infrastructure; 2) promote and
19 facilitate economic development/redevelopment and job growth; 3) provide additional affordable
20 housing opportunities for eligible persons; and 4) generally improve the quality of life for the
21 residents, business and property owners within the Merged Area A specifically, and generally within
22 the City.
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Section 5.
The Commission finds and detennines that the FEIR for the Project has been
24 completed in compliance with CEQA. The contents of a FEIR are defined in Section 15132 of the
25 CEQA Guidelines and include: the DEIR; comments and recommendations received on the DEIR;
26 correspondence from parties commenting on the DEIR; responses to comments by the lead agency;
27 a mitigation and monitoring and reporting program; a set of facts, findings and statement of
28 overriding considerations; and any other infornlation added by the lead agency.
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Section 6.
Based upon substantial evidence submitted to the Commission at the joint
2 public hearing on the FEIR for the Project and the contents of the Staff Report and the Exhibits to
3 this Resolution, the Commission hereby finds and determines that the FEIR for the Project has
4 identified all significant environmental effects of the 2010 Merged Plan and other environmental
5 entitlement actions.
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Section 7.
The Commission hereby declares that the FEIR for the Project reflects the
7 Commission's independent judgment. Further, the Commission has exercised independent judgment
8 in accordance with Public Resources Code Section 21082.1(c)(3) in retaining, on behalf of the
9 Agency, its own environmental consultant, and directing the consultant, through the Agency, in the
10 preparation of the FEIR. The Commission has independently reviewed and analyzed the FEIR and
11 that the FEIR reflects the independent judgment of the Commission.
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Section 8.
Although the FEIR for the Project identified certain significant environmental
13 effects that would result if the Project occurs, all significant effects that can feasibly be avoided or
14 mitigated will be avoided or mitigated by the implementation of the mitigation measures as set forth
15 in the Mitigation Monitoring and Reporting Program for the FEIR. The Mitigation Monitoring and
16 Reporting Program and all information contained therein is attached to this Resolution as Exhibit
17 "B" and incorporated herein by reference.
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Section 9.
The findings contained in the Statement as attached hereto as Exhibit "A"
19 with respect to the significant impacts identified in the FEIR are true and conect, and are based
20 upon substantial evidence contained in the record, including documents comprising the FEIR.
21 Specifically, the Commission hereby finds and detemlines, based upon the facts, statements,
22 other information and the entire written record as presented to the Commission at the time of
23 consideration of this Resolution for adoption, the following matters as further set in the Statement:
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(i)
The Commission hereby finds and detennines that facts and findings contained in
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Section 3 of the Statement are true and conect and that all issues were fully
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addressed
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(ii)
The Commission concurs with the findings in the FEIR as summarized in Section 3
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of the Statement that certain matters can either be mitigated below a significant
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impact threshold, or for those issues which cannot be mitigated below a level of
significance, overriding considerations have been taken into consideration by this
Commission which make such impacts acceptable.
4 (iii) The Commission hereby finds and determines that of the nineteen (19) major
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(iv)
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environmental issue categories evaluated in the FEIR, there were two (2) major
environmental issue categories that were found to be non-significant in the Initial
Study. Further, the Commission hereby finds and determines that either all or
portions of twelve (12) other maj or environmental issue categories were found to be
less than significant in the Initial Study as prepared for the Project. These are
identified in Section 3.5, pages 22 through 24 of the Statement.
The Commission hereby finds and determines that based on substantial evidence
contained in the record, those issues identified in Section 3.6 ("Effects Determined to
be Less Than Significant in the Final Program EIR Requiring No Mitigation"), pages
25 through 27 of the Statement, to the extent they result from the Project, will be less
than significant requiring no mitigation.
The Commission has reviewed and considered the information contained in the
FEIR, the Technical Appendices, the administrative record, facts and findings and
hereby finds and determines, pursuant to the Public Resources Code Section
21801(a)(1) and CEQA Guidelines Section 15091(a)(1) that changes or alterations
have been required in, or incorporated to, the Project, which would avoid or
substantially lessen to below a level of significance the potentially significant
environmental effects outlined in Section 3.7 ("Effects Detennined to be Mitigated to
Less Than Significant in the Final Program EIR" ) with the facts in support of the
findings found on pages 28 through 55 in Section 3.7 of the Statement.
The Commission hereby finds and determines that the FEIR has identified and
discussed significant effects which may occur as a result of the 20 I 0 Merged Plan for
the merger as further set forth in Section 3.7 of the Statement. With the
implementation of the mitigation measures discussed in the FEIR, and attached
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hereto as Exhibit "B", these effects can be mitigated to a level of less than significant
as set forth in Section 3.7 of the Statement. However, there are certain other
significant effects which either cannot be fully mitigated or for which no feasible or
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practical mitigation currently exist, and these unavoidable significant impacts are
discussed in Section 3.8 of the Statement.
6 (vii) The Commission hereby finds and determines that although all potential Project
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impacts have been substantially avoided or mitigated as described in Sections 3.5, 3.6
and 3.7 of the Statement, there is no complete mitigation for the following Project
impacts; Traffic (project impacts, cumulative impacts; and Air Quality (short-term
construction emissions, long-term mobile and stationary source emISSIOns,
cumulative emissions). As previously discussed, details of these significant
unavoidable adverse impacts are discussed in Section 3.8 ofthe Statement.
13 (viii) The Commission has reviewed and considered the information contained in the
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FEIR, the Technical Appendices, the administrative record, facts and findings,
pursuant to Public Resources Code Section 21081(a)(3) and CEQA Guidelines
Section 15091(a)(3), hereby finds and determines that specific economic, legal,
social, technological, or other considerations, make infeasible the mitigation
measures identified in the FEIR and therefore, the Project would cause significant
unavoidable impacts in the categories of Traffic and Air Quality as stated in Section
3.8 ofthe Statement.
21 (ix) Traffic - Project impacts. Implementation of the Project would generate trips that
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could impact levels of service for the existing area roadway system. Therefore, the
Commission hereby finds and determines that changes or alterations have been
required in, or incorporated into, the Project that avoid or substantially lessen the
significant environmental effect as identified in the FEIR. Further, the Commission
hereby finds and determines that the impacts associated with project-generated traffic
have been reduced to the extent feasible. However, after implementation of the
General Plan goals and policies contained in the FEIR, the impacts would constitute
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a significant and unavoidable impact. The facts in support of these findings can be
found in Section 3.8, pages 56 and 57 of the Statement. The overriding social,
economic and other consideration set forth in the Statement regarding Project
Alternatives, found in Section 3.9, provide additional facts in support of the findings.
Any remaining, unavoidable significant effects after available FEIR mitigation
measures are implemented are acceptable when balanced against the facts set forth
therein.
Traffic - Cumulative Impacts. Implementation of the Project could result in
cumulatively considerable trips that could impact levels of service for the existing
area roadway system. Therefore, the Commission hereby finds and determines that
changes or alterations have been required in, or incorporated in Project that avoid or
substantially lessen the significant environmental effect as identified in the FEIR.
Further, the Commission hereby finds and determines that the impacts associated
with cumulative project-generated traffic have been reduced to the extent feasible.
However, after implementation of the General Plan goals and policies contained in
the FEIR, the impacts would constitute a significant and unavoidable impact. The
facts in support of these findings can be found in Section 3.8, pages 57 through 59 of
the Statement. The overriding social, economic and other consideration set forth in
the Statement regarding Project Alternatives, found in Section 3.9, provide additional
facts in support of the findings. Any remaining, unavoidable significant effects after
available FEIR mitigation measures are implemented are acceptable when balanced
against the facts set forth therein.
(xi)
Air Quality - Short- Tenn Construction Emissions. Implementation of the Project
could facilitate the construction of new land uses that could generate dust and
equipment emissions. Therefore, the Commission hereby finds and detennines that
changes or alterations have been required in, or incorporated in the Project that avoid
or substantially lessen the significant environmental effect as identified in the FEIR.
Further, the Commission hereby finds and detennines that the impacts associated
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with short-term construction air quality emissions been reduced to the extent feasible.
However, after implementation of the General Plan goals and policies and mitigation
measures contained in the FEIR, the impacts would constitute a significant and
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unavoidable impact. The facts in support of these findings can be found in Section
3.8, pages 59 through 60 of the Statement. The overriding social, economic and other
considerations set forth in the Statement regarding Project Alternatives, found in
Section 3.9, provide additional facts in support of the findings. Any remaining,
unavoidable significant effects after available FEIR mitigation measures are
implemented are acceptable when balanced against the facts set forth therein.
10 (xii) Air Quality - Long-Term Mobile and Stationary Source Emissions. Implementation
11 of the Project could introduce future development and redevelopment projects that
12 could result in an overall increase in mobile and stationary source emissions within
13 the City, and which may exceed South Coast Air Quality Management District air
14 quality standards. Therefore, the Commission hereby finds and determines that
15 changes or alterations have been required in, or incorporated in Project that avoid or
16 substantially lessen the significant environmental effect as identified in the FEIR.
17 Further, the Commission hereby finds and determines that the impacts associated
18 with long-term mobile and stationary air quality emissions have been reduced to the
19 extent feasible. However, after implementation of the General Plan goals and policies
20 and mitigation measures contained in the FEIR, the impacts would constitute a
21 significant and unavoidable impact. The facts in support of these findings can be
22 found in Section 3.8, pages 60 through 62 of the Statement. The overriding social,
23 economic and other consideration set forth in the Statement regarding Project
24 Alternatives, found in Section 3.9, provide additional facts in support ofthe findings.
25 Any remaining, unavoidable significant effects after available FEIR mitigation
26 measures are implemented are acceptable when balanced against the facts set forth
27 therein.
28 (xiii) Air Quality - Cumulative Impacts. Air quality emissions resulting from development
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associated with implementation of the Project could impact regional air quality levels
on a cumulatively considerable basis. Therefore, the Commission hereby finds and
determines that changes or alterations have been required in, or incorporated into the
Project that avoid or substantially lessen the significant environmental effect as
identified in the FEIR. Further, the Commission hereby finds and determines that the
impacts associated with cumulative air quality emissions been reduced to the extent
feasible. However, after implementation of the General Plan goals and policies and
mitigation measures contained in the FEIR, the impacts would constitute a significant
and unavoidable impact. The facts in support of these findings can be found in
Section 3.8, pages 62 through 63 of the Statement. The overriding social, economic
and other consideration set forth in the Statement regarding Project Alternatives,
found in Section 3.9, provide additional facts in support of the findings. Any
remaining, unavoidable significant effects after available FEIR mitigation measures
are implemented are acceptable when balanced against the facts set forth therein.
15 (xiv) Although significant impacts will remain, the Commission will mitigate any
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significant adverse impacts to Traffic and Air Quality to the maximum extent
practicable. In its decision to approve the Project at a later date pursuant to a separate
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resolution of the Commission, the Commission hereby finds and determines that in
connection with such future approval of the Project, the benefits of the Project
outweigh the environmental impacts.
21 (xv) The FEIR addresses the environmental effects of Project Alternatives. A description
22 of these Project Alternatives, a comparison of their environmental impacts to the
23 Project and findings can be found in Section 3.9, pages 64 through 68 of the
24 Statement.
25 (xvi) No Project Alternative - The Commission hereby finds and determines that the
26 findings relating to the Project set forth in the Statement and the overriding social,
27 economic, and other issues set forth in the Statement provide support for the Project
28 and the elimination of this Alternative from further consideration. The facts in
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1 support of this finding can be found III Section 3.9, pages 64 through 66 of the
2 Statement.
3 (xvii) No Merger of the Redevelopment Project Areas Alternative - The Commission
4 hereby finds and determines that the findings relating to the Project set forth in this
5 Statement and the overriding social, economic, and other issues set forth in the
6 Statement provide support for the Project and the elimination of this Alternative from
7 further consideration. The facts in support of this finding can be found in Section 3.9,
8 pages 66 through 68 of the Statement.
9 (xviii) The Commission certifies that it has independently reviewed and considered the
10 information on alternatives provided in the FEIR and in Section 3.9, pages 64
11 through 68 of the Statement, including the information provided in the comments on
12 the DEIR and responses thereto.
13 (xix) The Commission has reviewed and considered the information contained in Section
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3.9 of the Statement and hereby finds and determines that neither the "No Project
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Alternative" nor "No Merger of the Redevelopment Project Areas Alternative" is
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considered environmentally superior to proceeding with the Project implementation
when compared to the Project, and such stated and analyzed Project Alternatives
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were not selected as the environmentally superior Project Alternatives.
19 (xx) The Commission has given great weight to the significant unavoidable adverse
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environmental impacts of the proposed Project. However, the Commission hereby
finds and detern1ines that the significant unavoidable adverse environmental impacts
are clearly outweighed by the economic, social and other benefits set forth in Section
3.10, pages 69 through 71 in the Statement.
24 (xxi) To the extent that significant effects of the Project are not avoided or substantially
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lessened to below a level of significance, the Commission, having reviewed and
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considered the inforn1ation contained in the FEIR and public record, and having
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balanced the benefits of the Project against the unavoidable effects which remain,
hereby finds and detennines that such unmitigated effects to be acceptable in view of
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1 the seven (7) overriding considerations presented in Section 3.11, page 73 of the
2 Statement.
3 (xxii) The Commission hereby finds and determines, pursuant to Section 3.12 of the
4 Statement, that the Mitigation Monitoring and Reporting Program, as adopted by this
5 Resolution for the Project, has met the mitigation monitoring requirements of Public
6 Resources Code Section 21081.6.
7 Section 10. The Final Environmental Impact Report, Statement and Mitigation
8 Monitoring and Reporting Program reflect the independent review, analysis and judgment of the
9 Commission.
10 Section 11. The Commission hereby approves and certifies the Final Environmental
11 mpact Report for the Project (SCH #2009111089).
12 Section 12. The Commission hereby adopts the Statement of Facts and Findings and
13 tatement of Overriding Considerations attached hereto as Exhibit "A".
Section 13. The Commission hereby adopts the Mitigation Monitoring and Reporting
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15 rogram attached hereto as Exhibit "B".
16 Section 14. In accordance with this Resolution of the Commission, the Agency Secretary
17 hall cause a Notice of Determination to be filed forthwith with the County of San Bernardino Clerk
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f the Board of Supervisors certifying the Commission's compliance with the California
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nvironmental Quality Act in preparing and adopting the Final Environmental Impact RepOli for
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erged Area A, the Statement and the Mitigation Monitoring and Reporting Program. A copy of the
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otice of Determination will be forwarded to the State Office of Planning and Research pursuant to
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EQA Guidelines Section 15094.
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The Resolution shall become effective immediately upon its adoption.
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RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO CERTIFYING THE FINAL PROGRAM
ENVIRONMENTAL IMP ACT REPORT FOR THE MERGED, AMENDED
AND RESTATED REDEVELOPMENT PLAN FOR THE SAN BERNARDINO
MERGED REDEVELOPMENT PROJECT AREA A FOR THE PROPOSED
MERGER OF THE CENTRAL CITY NORTH, SOUTHEAST INDUSTRIAL
PARK, TRI-CITY, SOUTH VALLE, MEADOWBROOK/CENTRAL CITY,
CENTRAL CITY SOUTH AND CENTRAL CITY EAST REDEVELOPMENT
PROJECT AREAS; MAKING FINDINGS PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT; ADOPTING A
MITIGATION MONITORING AND REPORTING PROGRAM; AND
ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
Development Commission of the City of San Bernardino at a j oint regular
meeting
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thereof, held on the 20th day of December ,2010, by the following vote to wit:
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21
Secretary
22 The foregoing Resolution is hereby approved this ~is/ day of :j:)- (7 c />' g [' '?:,
,
,2010.
23
24
25
~
Pat ick J. Morris, Chairper
Co ity Development Commission
of the City of San Bernardino
26 Approved as to Form:
27
28 By:
l
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Statement of Overriding Considerations
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P:'Agendas\Resolutions\Resolutions\2010'] 2-06.10 Merged Area A Program ElR. CDC Reso Can't.doc
CDC/2010-66
STATEMENT OF FACTS AND FINDINGS
AND
STATEMENT OF OVERRIDING CONSIDERATIONS
REGARDING THE ENVIRONMENTAL EFFECTS
FOR THE
FINAL ENVIRONMENTAL IMPACT REPORT
FOR THE
SAN BERNARDINO MERGED AREA A-
MERGER AND AMENDMENTS PROJECT
SCH No. 2009111089
CDC/2010-66
San Bernardino Merged Area A - Merger and Amendments
Environmental Impact Report
TABLE OF CONTENTS
1.0 INTRODUCTION............ ..... ....................... ............................... .............. .................. ...... 1
2.0 PROJ ECT SUMMARy................................................................. .............. ............... ...... 3
2.1 Project Description.......................................................... .................. ...................3
2.2 Project Goals..................................................................................................... 15
3.0 ENVIRONMENTAL REVIEW AND PUBLIC PARTICIPATION .....................................17
3.1 Independent Judgment Finding .........................................................................18
3.2 Findings on the Final Program EIR....................................................................19
3.3 General Finding on the Mitigation Measures...................................................... 20
3.4 Environmental Impacts and Findings................................................................. 21
3.5 Effects Determined to be Less Than Significant in the Initial Study/
Notice of Preparation......................................................................................... 22
3.6 Effects Determined to be Less Than Significant in the Final Program
EIR Requiring No Mitigation............................................. ..................................25
3.7 Effects Determined to be Mitigated to Less Than Significant in the
Final Program EIR ............................................................................................. 28
3.8 Effects Which Remain Significant and Unavoidable in the Final Program
EIR after Mitigation and Findings....................................................................... 56
3.9 Project Alternatives and Analysis....................................................................... 64
3.10 Project Benefits ............ .............................. ... .................................................... 69
3.11 Statement of Overriding Considerations............................................................ 72
3.12 Adoption of Mitigation Monitoring and Reporting Program for the Final
Program EI R Mitigation Measures..................................................................... 74
OCTOBER 2010 Statement of Facts and Findings
Statement of Overriding Considerations
Table 1
Table 2
Table 3
Table 4
CDC/2010-66
San Bernardino Merged Area A - Merger and Amendments
Environmental Impact Report
LIST OF TABLES
Project Area Acreage............................................................................................ 4
Proposed Merger and Amendment Actions......................................................... 5
Redevelopment Potential Within Project Area................................................... 13
Identified Near-Term Redevelopment Projects .................................................14
OCTOBER 2010
Statement of Facts and Findings
Statement of Overriding Considerations
CDC/2010-66
San Bernardino Merged Area A - Merger and Amendments
Environmental Impact Report
1.0 INTRODUCTION
The California Environmental Quality Act (the "CEQA'J, Public Resources Code Section 21000
et seq., and the implementing regulations set forth that Title 14 California Code of Regulations
Section 15000 et seq. (the "CEQA Guidelines') require that a Lead Agency issue two sets of
findings prior to approving a project that will generate a significant impact on the environment.
The Statement of Facts and Findings is the first set of findings, in which the Lead Agency
identifies the significant impacts, presents facts supporting the conclusions reached in the
analysis, makes one or more of three findings for each impact, and explains the reasoning
behind the agency's findings.
The following Statement of Facts and Findings has been prepared in accordance with CEQA
Section 21081. CEQA Guidelines Section 15091 (a) provides that:
No public agency shall approve or carry out a project for which an EIR has been
certified which identifies one or more significant environmental effects of the project
unless the public agency makes one or more written findings for each of those
significant effects, accompanied by a brief explanation of the rationale for each finding.
There are three possible finding categories available for the Statement of Facts and Findings
pursuant to CEQA Guidelines Section 15091 (a):
(1) Changes or alterations have been required in, or incorporated into, the project
which avoid or substantially lessen the significant environmental effect as
identified in the final EIR.
(2) Such changes or alterations are within the responsibility and jurisdiction of another
public agency and not the agency making the finding. Such changes have been
adopted by such other agency or can and should be adopted by such other
agency.
(3) Specific economic, legal, social, technological, or other considerations, including
provision of employment opportunities for highly trained workers, make infeasible
the mitigation measures or project alternatives identified in the final EIR.
The Statement of Overriding Considerations is the second set of findings. Where a project will
cause unavoidable significant impacts, the Lead Agency may still approve a project where its
benefits outweigh the adverse impacts. Further, as provided in the Statement of Overriding
Considerations, the Lead Agency sets forth specific reasoning by which benefits are balanced
against effects, and approves the project.
The Community Development Commission of the City of San Bernardino (the "Commission")
acting on behalf of the Redevelopment Agency of the City of San Bernardino (the "Agency"),
the CEQA Lead Agency, has, by resolution, found and declared that the San Bernardino
Merged Area A - Merger and Amendments Environmental Impact Report (the "EIR") has been
completed in compliance with CEQA and the CEQA Guidelines. The Commission, by
resolution, has found and certified that the EIR was reviewed and information contained in the
Statement of Facts and Findings
Statement of Overriding Considerations
OCTOBER 2010
CDC/2010-66
San Bernardino Merged Area A - Merger and Amendments
Environmental Impact Report
EIR was considered prior to approving the San Bernardino Merged Area A - Merger and
Amendments herein referred to as the Project (the "Project").
Based upon its review of the EIR, the Lead Agency has found that the EIR is an adequate
assessment of the potentially significant environmental impacts of the Proposed Project,
represents the independent judgment of the Commission, and sets forth an adequate range of
alternatives to this Project.
The Final EIR is composed of the following elements:
. The San Bernardino Merged Area A - Merger and Amendments Draft Environmental
Impact Report (June 2010);
. Responses to Comments;
. Errata for the Final EIR; and
. Mitigation Monitoring and Reporting Program.
Terms used in the Statement of Facts and Findings and the Statement of Overriding
Considerations have the meanings set forth in the EIR unless otherwise expressly provided
therein.
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2.0 PROJECT SUMMARY
2.1 PROJECT DESCRIPTION
ENVIRONMENTAL LOCATION AND SETTING
The proposed San Bernardino Merged Area A Merger & Amendments Project (the "Proposed
Project") is generally located in the southeast portion of the City of San Bernardino east of
Interstate 215 (the "1-215") from 8th Street to the Interstate 10 (the "1-10") interchange, and also
along 1-10 from the 1-215 interchange to Mountain View Avenue. A portion of the Southeast
Industrial Park Project Area is located west of the 1-215 and the South Valle Project Area is
located south of 1-10. In addition, a portion of the Tri-City Project Area is located along Del
Rosa Drive between Baseline and 6th Street.
PROJECT OVERVIEW
The Proposed Project is intended to accomplish the following:
. Merge and increase both the total amount of tax increment revenue the Agency may
collect and the total amount of bonded indebtedness which can be outstanding at one
time within Merged Area A;
. Update and expand the capital improvement projects list for Merged Area A;
. Extend by ten years the effectiveness of the Redevelopment Plans and the time to
collect tax increment revenue from the Meadowbrook/Central City and Central City
North Project Areas;
. Amend the existing Redevelopment Plans to merge the Meadowbrook/Central City,
Central City North, Central City South, Central City East, Southeast Industrial Park, Tri-
City, and South Valle Project Areas for financial reasons and as allowed by the
California Community Redevelopment Law (the "CRL") Health and Safety Code Section
33000, et seq.;
. Adopt a single Merged, Amended, and Restated Redevelopment Plan for the proposed
Merged Area A.
The 2010 Merged Plan has been prepared by the Agency pursuant to Redevelopment Law, the
California Constitution, and all applicable laws and ordinances. It does not present a specific
plan for the redevelopment, rehabilitation, and revitalization of any area within Merged Area A;
instead, it establishes a process and framework for implementation.
Additional details regarding the Proposed Project are providing in the following sections.
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MERGER AND AMENDMENTS
In accordance with the California Community Redevelopment Law (CRL) (Health and Safety
Code Section 33000 et seq.), the Agency is proposing various redevelopment plan
amendments and the merger of seven of the Agency's Project Areas (the "Project Areas"). The
seven Project Areas under consideration include Central City North, Southeast Industrial Park,
Tri-City, South Valle, Meadowbrook/Central City, Central City East, and Central City South,
collectively referred to as "Merged Area A" and individually referred to as "Project Area" (refer to
Table 1, Proiect Area Acreaqe). As part of the Merger and Amendments, the Agency is
proposing to adopt a single Merged, Amended, and Restated Redevelopment Plan for Merged
Area A (the "2010 Merged Plan").
Table 1
Project Area Acreage
Redevelopment Project Area Acreage Including
Public Right-of.Way1
Central City North 278
Southeast Industrial Park 870
Tri-City 378
South Valle 289
Meadowbrook/Central City Projects
Central City East 1,008
Central City South
Total 2,823
Notes:
1. Acreage includes public right-of-way and may vary from acreage (exclusive of public right-of-
wav) reported in the Aqencv's Five Year Implementation Plan.
Table 2, Proposed Meraer and Amendment Actions, summarizes the proposed merger and
redevelopment plan amendments (the "Merger and Amendments") under consideration by the
Commission and the Mayor and Common Council of the City of San Bernardino (the Mayor and
Common Council"). These actions include the following:
. Merge Project Area
. Tax Increment & Bonded Indebtedness Cap
. Capital Projects
. 10-Year Extension
. Single Merged, Amended and Restated Plan
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Table 2
Proposed Merger and Amendment Actions
Type of Redevelopment Plan Action
Tax
Increment &
Merge Bonded Single-Merged,
Project Indebtedness Capital 10.Year Amended, and
Project Area Areas Cap Projects Extension Restated Plan
Central City North ./ ./ ./ ./ ./
Southeast Industrial Park ./ ./ ./ ./
Tri-City ./ ./ ./ ./
South Valle ./ ./ ./ ./
Meadowbrook/Central City ./ ./ ./ ./ ./
Central City East ./ ./ ./ ./
Central City South ./ ./ ./ ./
AMENDMENT TO INCREASE THE TAX INCREMENT AND BONDED
DEBT LIMITATION
CRL Section 33354.6(a) sets forth that when a redevelopment agency proposes a
redevelopment plan amendment to increase the limitation on the number of dollars to be
allocated to the Project Area, or the amount of bonded debt that can be outstanding at anyone
time, the agency shall follow the same procedure, and the legislative body is subject to the
same restrictions, as when adopting a new redevelopment plan.
Furthermore, CRL Section 33354.6(b) specifies that when an agency proposes such
amendments, it shall describe and identify the following in the amendment documents: the
remaining blight within the Project Area; the portions, if any, that are no longer blighted; the
projects that are required to be completed to eradicate the remaining blight; and the relationship
between the costs of those projects and the amount of increase in the limitation on the number
of dollars to be allocated to the agency. The ordinance adopting such an amendment must
contain findings that both (1) significant blight remains within the Project Area and (2) the blight
cannot be eliminated without the establishment of additional debt and the increase in the
limitation on the number of dollars to be allocated to the redevelopment agency.
The Agency is proposing single cumulative limits for both the tax increment limitation and the
bonded indebtedness limitation for Merged Area A.
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AMENDMENT TO ADD PUBLIC IMPROVEMENT PROJECTS TO 2010
MERGED PLAN
Under CRL Section 33354.6, the legislative body may amend a redevelopment plan to add
significant capital improvement projects as determined by the redevelopment agency. To add
such capital improvement projects, an agency must follow the same procedures as adopting a
new redevelopment plan. The Agency is both amending the capital project lists for the
individual Project Areas into one merged list, as well as adding new capital projects for Merged
Area A.
AMENDMENT TO EXTEND THE EFFECTIVENESS AND TERM TO
RECEIVE TAX INCREMENT BY 10 YEARS
The Agency wishes to pursue the extension of the effectiveness of the Central City North and
Meadowbrook/Central City Project Areas. These Project Areas will reach their effectiveness
time limit in the near future. Once the effectiveness limit is reached, implementation activities
(except for inclusionary housing) within the Project Areas must cease and funds can only be
spent on administering debt associated with the Project Areas. Therefore, the Agency wishes
to pursue the 10-year amendment to extend the effectiveness and time period to receive tax
increment for these two Project Areas. This amendment will further the Agency's ability to
financially support needed redevelopment projects and programs in Merged Area A.
The City's existing Housing Element (adopted July 2003) is currently being updated. A draft of
the updated Housing Element has been submitted to the Department of Housing and
Community Development (the "HCD") for their mandatory review for compliance with State law.
Following HCD review and any updates to the draft Housing Element, the City will hold public
hearings to adopt the Housing Element.
As such, the 10-year amendments as previously identified for the Central City North and
Meadowbrook/Central City Project Areas will not be undertaken at this time, but would be
subject to a subsequent amendment after the Housing Element is adopted by the City and
certified by HCD.
Pursuant to CRL Section 33333.10, the Mayor and Common Council must make findings that
significant blight remains in the two Project Areas that cannot be eliminated without extending
the effectiveness of the redevelopment plan and the time limit to receive tax increment. The
1 O-year amendment would require the Agency to follow the same procedure required to adopt a
new redevelopment project, and adhere to the additional requirements prescribed by the CRL
to complete this particular type of amendment. Significant blight does not have to be prevalent
throughout the two Project Areas, though tax increment may only be spent in areas where
blighting conditions are identified or where non-blighted parcels are deemed necessary and
essential. This requirement for spending tax increment generated in the Project Area in this
restricted manner commences only after the original effectiveness limit has expired.
An important outcome of the 10-year amendment is the requirement that commencing the first
fiscal year after the amendment is adopted, the Project Areas must deposit a total of 30% (a
10% increase) of the tax increment revenue received (from the Project Areas) into the Agency's
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Low and Moderate Income Housing Fund (the "Housing Fund"). The requirement limiting
where funds may be spent after the 10-year amendment does not include expenditures from
the Housing Fund.
Additionally, the CRL contains a list of other requirements that must be met for the Agency to
extend the effectiveness and tax increment time limitations for the Central City North and
Meadowbrook/Central City Project Areas. The Mayor and Common Council must not only
make the required findings of blight noted above, but prior to the Mayor and Common Council's
consideration of the amendment ordinance, the Commission must adopt a resolution that
makes the following findings:
. The community has an adopted housing element certified by the State of California
Department of Housing and Community Development;
. The Agency has not been in major violation of the State Controller's annual reporting for
the past three fiscal years; and
. The Agency has written a request to and received a response from the State
Department of Housing and Community Development stating that the Agency does not
have an excess surplus in its Housing Fund.
PROJECT AREA MERGER
CRL Section 33485 states that "Mergers of project areas are desirable as a matter of public
policy if they result in substantial benefit to the public and if they contribute to the revitalization
of blighted areas through the increased economic vitality of those areas and through increased
and improved housing opportunities in or near such areas." Furthermore, CRL Section 33486
states that project areas may be merged, without regard to contiguity of the areas, by the
amendment of each affected redevelopment plan as provided in CRL Section 33450. Before
adopting the ordinance amending each affected redevelopment plan, the Mayor and Common
Council must find, based on substantial evidence, that both of the following conditions exist:
1. Significant blight remains within one of the project areas being merged.
2. This blight cannot be eliminated without merging the project areas and the receipt of
property taxes.
PROJECTS AND PROGRAMS TO ELIMINATE BLIGHT
This section provides a description of the projects or programs proposed to eliminate the
remaining blight, how they will improve the conditions of blight, and the reasons why the
projects or programs cannot be completed without the Merger and Amendments.
While the Agency has been effective in eliminating blight through public facilities and
infrastructure improvements, site acquisition and clearance, and new construction and
rehabilitation projects, significant blight remains prevalent throughout Merged Area A, as
detailed in Section A of the Preliminary Report. The Agency will continue to carry out
consistent projects and programs in Merged Area A, but seeks to augment its financial capacity
OCTOBER 2010
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to continue to implement a corridor-based approach to the elimination of blight. Rather than
focusing on piecemealed projects within individual Project Areas, the Agency's focus is to
address blighting conditions along key corridors in Merged Area A (e.g., Waterman Avenue,
Baseline Street, Arrowhead Avenue, Hospitality Lane, Orange Show Road), and invest in the
revitalization of the City's "Downtown Core." The Downtown Core is generally bound by 6th
Street to the north, Waterman Avenue to the east, the 1-215 Freeway to the west, and Rialto
Avenue to the south. It encompasses the southern half of Central City North, almost all of
Central City East and Meadowbrook/Central City, and a northern portion of Central City South.
DOWNTOWN CORE VISION/ACTION PLAN
The Downtown Core is currently home to local, regional, state, and federal government centers
(e.g., City Hall, County administrative offices, Courthouse, IRS, Consulate General of Mexico),
the San Bernardino Convention Center, an emerging Theater District, Carousel Mall,
educational and workforce development centers, a public transportation hub, Seccombe Lake,
affordable housing, and other new development projects. To cast a strategic vision for the
revitalization of the Downtown Core, the City and Agency recently completed the Downtown
Core Vision/Action Plan in summer 2009, which created a visual simulation of the Downtown
Core's redevelopment potential. Key elements of the Downtown Core Vision/Action Plan
include a new inter-governmental civic center complex, a courthouse building, a night-time
entertainment Theater District with retail and restaurant uses, a transit village, Court Street
Square, a Main Street retail corridor, a new hotel to complement the Convention Center, and
new Seccombe Lake and Meadowbrook Park residential and mixed-use development projects.
The Downtown Core Vision/Action Plan casts a long-range revitalization strategy that will
require significant public-private investment and redevelopment tax increment financing to
assemble land for development, upgrade public infrastructure and utility systems to meet
increased service demands, create new parks and public transportation systems to serve future
residents and visitors, and build affordable housing to create a balanced community. The
catalyst projects and accompanying infrastructure improvements envisioned by the Downtown
Core Vision/Action Plan will eliminate blighting conditions by creating jobs, increasing income
levels, assembling and redeveloping blighted properties, replacing aged infrastructure,
addressing incompatible uses, increasing property values, remediating environmentally
contaminated sites, reducing office and retail vacancies, creating needed commercial facilities,
and addressing uses that contribute to the threat to the public health, safety, and welfare of
residents in Merged Area A.
The proposed Merger and Amendments will allow the Agency to leverage and pool tax
increment revenues from the affected Project Areas to implement the Downtown Core
Vision/Action Plan for the benefit of the entire Merged Area A. New tax increment revenues
generated from increased property values resulting from property revitalization can be invested
toward additional public improvements in the Downtown Core and other parts of Merged Area
A. The Agency estimates $75 million in project costs for implementation of the Downtown Core
Vision/Action Plan through the life of the 2010 Merged Plan. The proposed 1 O-year extensions
of the Central City North and Meadowbrook/Central City Project Areas are needed to: (1) allow
sufficient time for the Agency to implement the long-range objectives of the Downtown Core
Vision/Action Plan in those Project Areas, particularly given the current temperature of the real
estate market; and (2) create sufficient financing capacity in those Project Areas as
OCTOBER 2010
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redevelopment proceeds to finance public facilities and infrastructure upgrades and facilitate
key catalytic development projects. The proposed increases in the Agency's limitations on tax
increment collection and bonded indebtedness will ensure that the Agency has sufficient
financing capacity to fund redevelopment activities throughout Merged Area A, including the
Downtown Core.
Given the current economic climate and troubling trends in the real estate market,
implementation of major programs like the Downtown Core Vision/Action Plan cannot
reasonably be expected to occur either by private enterprise or governmental action alone, but
only by leveraging the unique redevelopment powers and financing capabilities of the Agency to
create public-private enterprise activities. This is especially true now as the City struggles to
address its own general fund budgetary gap. With little to no new revenue streams available to
implement the Downtown Core Vision/Action Plan, the City will rely heavily on the Agency to
secure funding for next steps under the Plan. With increased financial responsibility to carry
out major projects and programs in Merged Area A, the proposed Merger and Amendments is
necessary to ensure the Agency has adequate financial capacity and tools to see these
revitalization activities through to successful completion.
PROJECTS AND PROGRAMS
In addition to Downtown Core revitalization, the Agency proposes to eliminate blight throughout
Merged Area A through the implementation of the following projects and programs along key
corridors and at prime opportunity sites. The projects and programs are taken from Exhibit C,
Project List, in the Merged, Amended and Restated Redevelopment Plan for San Bernardino
Merged Redevelopment Project Area A, and ones that may be undertaken by the Agency.
These projects and programs are not listed in order of priority and may change from time to
time. In addition, the following projects and programs reflect the proposed capital
improvements projects that are required to be identified in the 2010 Merged Plan.
Public Facilities and Infrastructure Improvements
These projects and programs involve the replacement and upgrading of public facilities and
infrastructure to support existing uses and new development. Redevelopment activities include
circulation upgrades and street improvements, parks and recreation/community centers, public
safety improvements, infrastructure assessments/plans, utility improvements (e.g., sewer main
replacement/relocation, high groundwater table/liquefaction mitigation), flood control, bikeways
and trails, and noise attenuation. The Agency estimates $50 million in project costs for public
facilities and infrastructure improvements through the life of the 2010 Merged Plan.
Environmental Conservation
These projects and programs seek to increase the long-term viability, relevance, and cost-
effectiveness of existing and future buildings in Merged Area A. Redevelopment activities
include solar and geothermal building retrofits, research and development, and studies and
plans. The Agency estimates $10 million in project costs for environmental conversation
programs through the life of the 2010 Merged Plan.
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Environmental Remediation and Brownfields Revitalization
These projects and programs seek to mitigate environmental threats to public health and
safety, and transform contaminated, underutilized properties, otherwise known as "brownfields,"
into productive assets of the community. In 2008, the Agency was selected to receive two
separate grants from US EPA for Communitywide Brownfields Assessments to inventory
brownfield sites and conduct Phase I and Phase II Environmental Site Assessments on priority
sites with high revitalization potential. These grants can ideally be used by redevelopment
agencies as "seed money" to create comprehensive, proactive brownfield revitalization
programs. The Agency also possesses unique powers under the Polanco Redevelopment Act
(CRL Sections 33459-33459.8) to transfer and mitigate legal and financial liabilities that would
otherwise deter a property owner or developer from seeking to better utilize brownfield sites.
Redevelopment activities under this project/program, include community outreach, grant
funding, and implementation of the sbX Bus Rapid Transit Project, an interagency effort with
Omnitrans, the regional transportation authority, to implement a bus rapid transit system that
would traverse and interconnect 15.7 miles of the City, many portions of which include right-of-
ways containing environmental pollutants regulated by federal and state oversight agencies.
The Agency estimates $3 million in project costs for environmental remediation and brownfields
revitalization through the life of the 2010 Merged Plan.
Land Use Planning to Guide Redevelopment
These projects and programs involve updates to land use goals, plans, and policies needed to
effectively implement the Agency's redevelopment activities. For example, while the Downtown
Core Vision/Action Plan provides a visual simulation of the City's Downtown revitalization goals,
it does not update the City's existing General Plan designations or zoning to set forth new
development standards and design guidelines necessary to implement the vision. Preparation
of a Downtown Core Specific Plan or Overlay would provide the needed updates. Land use
plans also provide the framework for planning and financing infrastructure upgrades that will
support new development. The Agency estimates $2 million in project costs for land use
planning through the life of the 2010 Merged Plan.
Public Transit
These projects and programs seek to increase public transit systems through Merged Area A.
Most notably, a key priority for the Agency will be the ongoing collaboration with Omnitrans to
implement the sbX Bus Rapid Transit Project. Redevelopment activities include sbX line right-
of-way improvements, sbX stops, transit stations, and transit-oriented development projects.
The Agency estimates $15 million in project costs for public transit through the life of the 2010
Merged Plan.
Infill Development Projects and Affordable Housing
These projects and programs involve site clearance, land assembly, and development of infill
projects in Merged Area A, including affordable housing. Redevelopment activities include
property acquisition, studies and plans, and public facilities and infrastructure improvements to
support infill projects. The Agency estimates $75 million in project costs for infill development
and affordable housing through the life of the 2010 Merged Plan.
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Economic Development Activities
These projects and programs seek to complement the Agency's goals for urban revitalization
by supporting economic development activities to expand and attract businesses to Merged
Area A, and provide small business assistance and development. Redevelopment activities
include fa<;ade improvement programs, business outreach, Enterprise Zone administration, and
efforts to augment benefits provided through the Small Business Administration 7(a) Loan
Program. The Agency estimates $20 million in project costs for economic development
activities through the life of the 2010 Merged Plan.
PROJECT AREA REDEVELOPMENT POTENTIAL
As part of the redevelopment process it is anticipated that additional development will occur
within this part of the City. Existing development within the Project Area includes commercial
(hospitality, general and regional commercial, auto-oriented commercial, and service
commercial uses), industrial (distribution, manufacturing, warehousing) school/civic/institutional,
residential (single- and multi-family), and public facilities uses. In addition, a significant portion
of the Project Area is undeveloped (approximately 460 acres), including vacant developable
land and areas along the Santa Ana River reserved for flood control purposes. Of the
approximately 460 acres identified as vacant, it is estimated that approximately 265 acres of
land is considered developable due to lack of constraints (i.e. designated as open space,
located within a 1 OO-year floodplain, undevelopable due to a physical condition).
Redevelopment of these properties, excluding those areas that have development constraints,
is anticipated to occur, which would increase demand for public services and utility
connections/services within this part of the City. At this time, all development will remain
consistent with the existing General Plan land use and Zoning designations within the Project
Area. Therefore, the Proposed Project will be consistent with the City's General Plan goals and
policies upon implementation. Table 3, Redevelopment Potential Within Proiect Area, identifies
the amount of potential commercial, industrial, and residential development that could occur
subsequent to the adoption of the Proposed Project. This development potential was
calculated in two ways: 1) vacant land and 2) specific redevelopment projects.
VACANT LAND ANALYSIS
Based on the vacant parcels identified in the Preliminary Report prepared by RSG (January
2010), RBF identified the vacant parcels that were considered undevelopable due to a physical
(located within a floodplain) or regulatory (zoned for open space) constraint. Once all vacant
developable parcels were identified, RBF confirmed the identified General Plan land use and
zoning designations for these parcels with City Staff, which provided a basis to assess the
development potential within each property. This analysis determined the following
development potentials could be developed on the 265 acres of vacant land within the Project
Area:
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. Approximately 3.22 million square feet of commercial and office uses 1
. Over 500,000 square feet of industrial uses
. 788 multi-family residential units
A detailed table identifying the development potential for each of the seven redevelopment
areas within the Project Area is provided in Appendix G, Vacant Land Development Potential.
IDENTIFIED NEAR-TERM REDEVELOPMENT PROJECTS
Based on current discussions with potential developers and property owners within the Project
Area, preparation/recent adoption of plans/projects within the Project Area, and the Agency's
goals/plans for eliminating blight and expanding jobs/housing opportunities throughout this part
of the City, Agency staff has identified several redevelopment projects likely to develop within
the foreseeable future. These projects are listed in Table 4, Identified Near-Term
Redevelopment Projects. In addition to the redevelopment of the vacant parcels within the
Project Area, the development potential of identified redevelopment projects within the Project
Area is:
. 667,000 square feet of retail/general commercial use
. 1.49 million square feet of commercial office use
. 300,000 square feet of commercial lodging uses
. 355 multi-family residential units
As indicated in Table 4 some of the projects are associated with larger projects that are
currently being designed, planned, and/ or constructed within the Project Area or vicinity.
Includes development potential for commercial retail and office uses along or near Hospitality Lane within the
Tri-City and Southeast Industrial Park Project Areas.
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Table 3
Redevelopment Potential Within Project Area
Commercial
Development Retaill
Potential General Office Lodging Industrial Residential Notes
Vacant Land Analysis
Vacant Land
Analvsis1 2,309,894 SF 909,780 SF 518,916 SF 788 DU
Identified Redevelopment Proiects
Carousel Mall
Redevelopment
Project 377,000 SF 800,000 SF 300,000 SF 750 DU
Heritaqe Square 30,000 SF
Redevelopment of
Former Military
Facilities at 3rd &
Waterman 90,000 SF
Seccombe Lake
VillaQe 50,000 SF 125 DU
Arrowhead Credit Accommodate
Union 1000+
Headquarters employees
Campus 25,000 SF 190,000 SF (225 new)
Theater District
Implementation 25,000 SF
Intermodal Station
and Transit-
Oriented
Development 75,000 SF 500,000 SF 170 DU
TOTAL 2,981,894 SF 2,399,780 SF 300,000 SF 518,916 SF 1 ,833 DU
Notes:
1. Includes development potential for commercial retail and office uses along or near Hospitality Lane within the Tri-City and Southeast
Industrial Park Project Areas.
SF = sauare feet; DU = dwellina unit
In total, the redevelopment potential within the Project Area is:
. 5,681,674 square feet of commercial (retail, general, office, lodging) uses
. 518,916 square feet of industrial uses
. 1,833 multi-family residential units
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Table 4
Identified Near-Term Redevelopment Projects
Activity Description Project Area(s)
Carousel Mall Redevelopment Project: Investigate possible new uses at Carousel Central City Projects
Mall as identified in the Downtown Core Vision/Action Plan, including a potential new
government center and urban retail and housinq uses to complement existing retail.
Heritage Square: Develop Court Street as the "Heritage Square" District as identified Central City North
by the Downtown Core Vision/Action Plan.
Redevelopment of Former Military Facilities: Enter into an agreement with a Central City Projects
developer for demolition/site clearance of former military facilities at Third Street and
Waterman Avenue for neighborhood-supportinq retail uses.
Seccombe Lake Village: Development of 12.5 acres of land into mixed use Central City Projects
development of high and low density residential and retail on the northeast corner of
Sierra Avenue and 5th Street.
Arrowhead Credit Union Headquarters Campus: Continue to work with Arrowhead Central City Projects
Credit Union for relocation of corporate facilities. Arrowhead Credit Union has acquired
undeveloped and dilapidated properties to the west of the above site to provide
additional space for a third building for the Arrowhead Central Credit Union Corporate
headquarters campus site.
Theater District Implementation: Studies, improvements, and implementation Central City North
activities to create a Downtown Theater District and development of retail/restaurant
pads.
sbX Implementation: Facilitate implementation of the sbX Bus Rapid Transit Project Central City North/ Central City
in the Downtown Core, including transit-oriented development and brownfields Projects/ ALL
assessment! remediation.
Intermodal Transit Station: Design and construction of an Intermodal Transit Station
located at the Southwest corner of Rialto and E Street on a vacant 4.5-acre parcel to
replace current bus transit mall along 4th Street.
sbX Transit-Oriented Development: Study and enter into development agreements
for transit-oriented develooment oroiects alonq the sbX line.
PHASING
Individual improvement and redevelopment projects would occur in incremental phases over
time, based largely on economic considerations, financial feasibility, infrastructure
improvements, market demand, and other planning considerations. The phasing and exact
details of each project would be evaluated by the Agency on a case-by-case basis.
AGREEMENTS, PERMITS, AND APPROVALS
Following a determination that the Final EIR is adequate and certification of the Final EIR by the
Commission, a Notice of Determination (the "NOD") would be issued by the Agency. In
addition, adoption of the proposed San Bernardino Merged Area A Merger & Amendments
would be the responsibility of the Mayor and Common Council. Redevelopment projects, to the
extent not already analyzed in accordance with the Proposed Project, could be subject to
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additional environmental review on an individual basis, in accordance with the provisions of
CEQA Guidelines Section 15168, as determined by the Agency.
2.2 PROJECT GOALS
Implementation of the proposed Merged, Amended, and Restated Redevelopment Plan for
Merged Area A is intended to achieve the following goals:
. Eliminate and prevent the spread of conditions of blight, including but not limited to
underutilized properties and deteriorating buildings, incompatible and uneconomic land
uses, deficient infrastructure and facilities, obsolete structures, parking deficiencies and
other economic deficiencies, in order to create a more favorable environment for
commercial, industrial, office, residential, and recreational development.
. Encourage the cooperation and participation of residents, businesses, public agencies,
and community organizations in the economic revitalization of Merged Area A.
. Promote the economic development of Merged Area A by providing an attractive, well-
serviced, well protected environment for residents and visitors.
. Develop property within a coordinated land use pattern of residential, commercial,
industrial, recreational, and public facilities in Merged Area A consistent with the goals,
policies, objectives, standards, guidelines, and requirements, as set forth in the City's
adopted General Plan and Zoning Code.
. Implement design and use standards to assure high aesthetic and environmental
quality, and provide unity and integrity to development within Merged Area A.
. Eliminate environmental deficiencies and inadequate public improvements, including but
not limited to inadequate street improvements and off-site parking, inadequate utility
systems, and inadequate public services and facilities.
. Develop efficient and safe circulation improvements for vehicles and pedestrians.
. Implement beautification activities to improve the visual image of the City as well as
reinforce existing assets and expand the potential of Merged Area A to encourage
private investment.
. Encourage, promote, and assist in the development and expansion of local commerce
and needed commercial and industrial facilities, including providing assistance to
finance facilities or capital improvements on property used for industrial or
manufacturing purposes to increase local employment and improve the economic
climate within Merged Area A.
. Remove impediments to land disposition and development through improved
infrastructure and public facilities, and the acquisition and assemblage of property into
usable sites for commercial, industrial, recreational, and public facility development.
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. Increase, improve, and preserve housing affordable to very low, low, and moderate
income households, as well as promote homeownership, consistent with the goals and
objectives of the community.
. Encourage the restoration and reuse of older, historic structures which add to the City's
character and sense of community identity.
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3.0 ENVIRONMENTAL REVIEW AND PUBLIC
PARTICIPATION
The Agency conducted an extensive review of this Project, which included a Draft EIR and a
Final EIR, along with a public review and comment period. The following is a summary of the
Agency's environmental review of this Project:
. Pursuant to CEQA Guidelines Section 15082, as amended, the Agency circulated a
Notice of Preparation (the "Nap") to public agencies, special districts, and members of
the public who had requested such notice for a 30-day period. The Nap and Initial
Study were submitted to the State Clearinghouse November 24, 2009, with the 30-day
review period ending on December 23,2009.
. The Nap public review period ran for 30 days. The Agency accepted a number of
written comments from various interested parties. The scope of the issues identified in
the comments included potential impacts associated with traffic and circulation.
. The Draft EIR was distributed for public review and a Notice of Availability (the "NOA")
and Notice of Completion (the "NOC") was filed with the State Clearinghouse on June 2,
2010 to July 16, 2010, for a 45-day review period. The Draft EIR was also available on
the Agency's web page.
. The Agency received a total of four comment letters from public agencies. Additionally,
one verbal comment was received on the Final EIR during the Planning Commission
hearing of August 25, 2010. The Agency prepared specific responses to all written
comments. The comments and responses are contained in Section 13.0 of the Final
EIR. The Final EIR was also available on the Agency's web page.
. On August 25, 2010, the Planning Commission of the City of San Bernardino held a
noticed public hearing on the Final EIR. The Planning Commission staff report was also
posted on the City's web page.
In accordance with Public Resources Code Section 21092.5, the Agency provided written
responses to public agencies that commented on the Draft EIR.
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3.1 INDEPENDENT JUDGMENT FINDING
The Agency selected and retained RBF Consulting (the "RBF") to prepare the San Bernardino
Merged Area A - Merger and Amendments Program EIR. RBF prepared the EIR under the
supervision and direction of the Agency staff. All findings set forth herein are based on
substantial evidence in the record, as indicated, with respect to each specific finding.
Finding: The EIR for the Project reflects the Commission's independent judgment. The
Commission exercised independent judgment in accordance with Public Resources Code
Section 21082.1(c)(3) in retaining, on behalf of the Agency, its own environmental consultant,
and directing the consultant, through the Agency, in the preparation of the EIR. The
Commission has independently reviewed and analyzed the EIR and has found and determined
that the report reflects the independent judgment of the Commission.
The Commission has considered all the evidence presented in its consideration of the Project
and the EIR, including, but not limited to, the Final EIR, written and oral evidence presented at
hearings on the Project, and written evidence submitted to the Agency by individuals,
organizations, regulatory agencies and other entities. On the basis of such evidence the
Commission has found that with respect to each environmental impact identified in the review
process, the impact (1) is less than significant and would not require mitigation; or (2) is
potentially significant but would be avoided or reduced to less than a significant level by
implementation of identified mitigation measures; or (3) would be significant and not fully
mitigable but would be, to the extent feasible, lessened by implementation of identified
mitigation measures.
The EIR also identifies certain significant adverse environmental effects of the Proposed
Project which cannot be avoided or substantially lessened. Prior to approving this Project, the
Commission must also adopts a Statement of Overriding Considerations which finds, based on
specific reasons and substantial evidence in the record (as specified in Section 3.10 and
Section 3.11), that certain identified economic, social or other benefits of the Proposed Project
outweigh such unavoidable adverse environmental effects.
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3.2 FINDINGS ON THE FINAL PROGRAM EIR
Finding: The Commission has found and determined that the Final Program EIR has identified
and discussed significant effects which may occur as a result of the San Bernardino Merged
Area A Merger and Amendments for the merger as further set forth in Section 3.7 of the
Statement. With the implementation of the mitigation measures discussed in the Final Program
EIR, these effects can be mitigated to a level of less than significant as set forth in Section 3.7
of these Findings. However, there are certain other significant effects which either cannot be
fully mitigated or for which no feasible or practical mitigation currently exist, and these
unavoidable significant impacts are discussed in Section 3.8 of these Findings.
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3.3 GENERAL FINDING ON THE MITIGATION MEASURES
The Agency has reviewed the mitigation measures applicable to the San Bernardino Merged
Area A Merger and Amendments through their separate official actions and review processes
applicable to it as the Lead Agency.
In the event that the description of the mitigation measures set forth in the Mitigation
Monitoring and Reporting Program do not use the exact wording of the mitigation measures
recommended in the Final Program EIR, in each such instance, the mitigation measures in the
Mitigation Monitoring and Reporting Program are intended to be identical or substantially
similar to the recommended mitigation measures in the Final Program EIR. Any minor
revisions were made for the purpose of improving clarity or to better define the intended
purpose.
Finding: The Commission has adopted Findings to the effect that the mitigation measures
summarized in the Mitigation Monitoring and Reporting Program will reduce all potential
significant impacts of the Project to a level of less than significant, except as set forth in
Section 3.8 of these Findings. The Commission has duly adopted all mitigation measures
recommended in the Final Program EIR. The Commission has further adopted the Mitigation
Monitoring and Reporting Program for the San Bernardino Merged Area A Merger and
Amendments in the form as submitted to the Commission and the City of San Bernardino at
the public hearing when the Final Program EIR was considered.
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3.4 ENVIRONMENTAL IMPACTS AND FINDINGS
The detailed analysis of potential environmental impacts and proposed mitigation measures
for the Project, the Responses to Comments, and any revisions or omissions to the Draft
Program EIR are presented in the Final Program EIR.
The Final Program EIR evaluated 19 major environmental categories: Land Use; Population,
Employment and Housing; Aesthetics; Traffic; Air Quality; Noise; Biological Resources; Cultural
Resources; Geology and Seismic Hazards; Hazards and Hazardous Materials; Hydrology and
Water Quality; Fire Protection; Police Protection; School Facilities; Parks and Recreational
Facilities; Water; Wastewater; Solid Waste; and Electricity and Natural Gas for potential
significant unavoidable impacts, including cumulative impacts. Both project-specific and
cumulative impacts were evaluated. Of these 19 environmental categories, the Commission
has concurred with the conclusions in the Final Program EIR that, with exception to the issues
considered in Section 3.8 of these Findings, all of the other issues and sub-issues discussed in
these Findings can be mitigated below a significant impact threshold. For those issues which
cannot be mitigated below a level of significance (see Section 3.8 of these Findings), overriding
considerations exist that make the impacts acceptable. In addition to the 19 major
environmental categories addressed in the Final Program EIR, two other major categories
(Agricultural Resources, Mineral Resources) were found to be non-significant in the Initial Study
prepared for the Project. The Commission has concurred through its respective official actions
with the conclusions on these categories as outlined in the Initial Study (Appendix A of the Final
EIR) and have found that no significant impacts have been identified as to those categories
identified in the Initial Study and no further analysis is required.
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3.5
EFFECTS DETERMINED
SIGNIFICANT IN THE
PREPARATION
TO
INITIAL
BE lESS THAN
STUDY/NOTICE OF
The Agency conducted an Initial Study in November 2009 to determine significant effects of the
Proposed Project. In the course of this evaluation, certain impacts of the project were found to
be less than significant due to the inability of a Project of this scope to create such impacts or
the absence of Project characteristics producing effects of this type. The following effects were
determined not to be significant, and were not analyzed in the EIR; refer to Appendix A, Initial
Study and Notice of Preparation, of the Final EIR.
FINDING:
The Commission has found and determined that based on substantial evidence in the
record, the following impacts, to the extent they result from the project, will be less than
significant.
I. AESTHETICS
Have a substantial adverse effect on a scenic vista.
Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings,
and historic buildings within a state scenic highway.
II. AGRICULTURE RESOURCES
Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland),
as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of
the California Resources Agency, to non-agricultural use.
III. AIR QUALITY AND GLOBAL CLIMATE CHANGE
Conflict with or obstruct implementation of the applicable air quality plan (South Coast Air
Basin.
Create objectionable odors affecting a substantial number of people based on the information
contained in the Project Description Form.
IV. BIOLOGICAL RESOURCES
Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community
Conservation Plan, or other approved local, regional, or state habitat conservation plan.
V. GEOLOGY AND SOilS
Modify any unique physical feature based on a site survey/evaluation.
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Result in erosion, dust, or unstable soil conditions from excavation, grading, fill, or other
construction activities.
VI. HAZARDS AND HAZARDOUS MATERIALS
Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or
waste within one-quarter mile of an existing or proposed school.
Impair implementation of or physically interfere with an adopted emergency response plan or
emergency evacuation plan.
Expose people or structures to a significant risk of loss, injury or death involving wildland fires,
including where wildlands are adjacent to urbanized areas or where residences are intermixed
with wildlands.
VII. HYDROLOGY AND WATER QUALITY
Substantially deplete groundwater supplies or interfere substantially with groundwater recharge
such that there would be a net deficit in aquifer volume or a lowering of the local groundwater
table level (e.g., the production rate of pre-existing nearby wells would drop to a level which
would not support existing land uses or planned uses for which permits have been granted).
Substantially alter the existing drainage pattern of the site or area, including through the
alteration of the course of a stream or river, or substantially increase the rate or amount of
surface runoff in a manner which would result in flooding on- or off-site.
Inundation by seiche, tsunami, or mudflow
VIII. LAND USE AND RELEVANT PLANNING
Physically divide an established community.
Conflict with any applicable Habitat Conservation Plan or natural community conservation plan.
Be developed within the Hillside Management Overlay District.
Be developed within Foothill Fire Zones, A, B, or C as identified in the City's General Plan.
IX. MINERAL RESOURCES
Result in the loss of availability of a known mineral resource that would be of value to the region
and the residents of the state.
Result in the loss of a locally important mineral resource recovery site delineated on a local
general plan, specific plan, or other land use plan.
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Be located in a Mineral Resource Zone as adopted by the State Mining and Geology Board and
identified in the City's General Plan.
X. NOISE
A substantial permanent increase in ambient noise levels in the project vicinity above levels
existing without the project.
A substantial temporary or periodic increase in ambient noise levels in the project vicinity above
levels existing without the project.
XI. TRANSPORTATION/TRAFFIC
Result in a change in air traffic patterns, including either an increase in traffic levels or a change
in location that results in substantial safety risks.
Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g., farm equipment).
Result in inadequate emergency access.
Result in inadequate parking capacity.
Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g.,
bus turnouts, bicycle racks).
XII. UTILITIES AND SERVICE SYSTEMS
Comply with federal, state, and local statutes and regulations related to solid waste.
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3.6
EFFECTS DETERMINED TO
SIGNIFICANT IN THE FINAL
REQUIRING NO MITIGATION
BE LESS THAN
PROGRAM EIR
FINDING:
The Commission has found and determined that based on substantial evidence in the
record, the following impacts, to the extent they result from the project, will be less than
significant.
I. lAND USE
Consistency with land Use Plans, Policies, and Ordinances. The Proposed Project could
conflict with the City of San Bernardino 2005 General Plan.
Consistency with land Use Plans, Policies, and Ordinances. The Proposed Project could
conflict with the City of San Bernardino Development Code.
Consistency with land Use Plans, Policies, and Ordinances. Development Associated with
implementation of the Proposed Project could occur within the Airport Influence Area as
adopted by the San Bernardino International Airport Authority.
Cumulative Impacts. Implementation of the Proposed Project combined with other related
cumulative projects could result in cumulatively considerable Land Use and Planning Impacts.
II. POPULATION, EMPLOYMENT AND HOUSING
Population Growth. Implementation of the Proposed Project could increase the residential
population by 6,122 persons within the project area.
Employment Growth. Implementation of the Proposed Project could result in the addition of
6,200,590 square feet of non-residential development and 16,601 jobs within the project area.
Housing. Implementation of the Proposed Project could result in the addition of 1,833 dwelling
units within the project area.
Cumulative Impacts. Implementation of the Proposed Project could result in cumulatively
considerable impacts related to housing, population, and employment growth.
III. AIR QUALITY
Carbon Monoxide Hotspots. Implementation of the Proposed Project could facilitate
development that could not result in an overall increase in carbon monoxide hotspot emissions
within the City.
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IV. SOILS
Soil Erosion. Implementation of the Proposed Project could result in impacts related to soil
erosion or the loss of topsoil.
V. HAZARDS
Hazardous Materials Use, Generation, Emission, and Transport. Development associated
with implementation of the Proposed Project could result in an increased risk of upset
associated with the routine use, generation, and transport of hazardous materials or emit
hazardous emissions or handle hazardous or acutely hazardous materials, substances, or
waste, which may potentially pose a health or safety hazard.
Airports. Development associated with implementation of the Proposed Project could result in
an increased hazard to the public or the environment in association with airport facilities.
VI. HYDROLOGY AND WATER QUALITY
Failure of a Levee or Dam. Implementation of the Proposed Project could expose people or
structures to a significant risk of loss, injury or death involving flooding, including flooding as a
result of the failure of a levee or dam.
VII. FIRE PROTECTION
Project Impacts. Implementation of the Proposed Project could result in the need for
additional fire protection services.
Cumulative Impacts. Implementation of the Proposed Project could result in cumulatively
considerable impacts to fire protection services.
VIII. WATER
Cumulative Impacts. Implementation of the Proposed Project could result in cumulatively
considerable impacts to water resources including increased demand for water supplies and
infrastructure within the City.
IX. SOLID WASTE
Project Impacts. Implementation of the Proposed Project could potentially result in increased
solid waste generation in exceedance of landfill capacity.
Cumulative Impacts. Implementation of the Proposed Project could result in cumulatively
considerable impacts related to solid waste disposal services and landfill disposal capacity.
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x. ELECTRICITY AND NATURAL GAS
Electricity. Implementation of the Proposed Project could increase the demand for electricity
services and facilities.
Natural Gas. Implementation of the Proposed Project could increase the demand for natural
gas service and facilities.
Cumulative Impacts. Implementation of the Proposed Project combined with other related
cumulative projects could result in cumulatively considerable electricity and natural gas impacts.
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3.7 EFFECTS DETERMINED TO BE MITIGATED TO LESS
THAN SIGNIFICANT IN THE FINAL PROGRAM EIR
The Commission has reviewed and considered the information contained in the Final Program
EIR, the Technical Appendices and the administrative record, and facts and has found and
determined, pursuant to the Public Resources Code 21801 (a)(1) and CEQA Guidelines 15091
(a)(1) that changes or alterations have been required in, or incorporated to, the Proposed
Project, which would avoid or substantially lessen to below a level of significance the following
potentially significant environmental effects identified in the Final EIR in the following
categories:
. Aesthetics (short-term visual character, long-term visual character, light and glare,
cumulative project impacts)
. Noise (short-term construction, groundbourne vibration, long term operational, airport,
cumulative project impacts)
. Biological Resources (sensitive species, riparian habitat, Federally protected
wetlands, native or migratory fish, cumulative project impacts)
. Cultural (prehistoric archeological sites, historic archeological sites, historic buildings
and structures, subsurface archeological sites, cumulative project impacts)
. Geology and Seismic Hazards (earth movement, seismic groundshaking, seismic
related ground failure, cumulative project impacts)
. Hazardous Materials (accidental release of hazardous materials, railroad uses,
landfills, cumulative project impacts)
. Hydrology and Water Quality (water quality standards, erosion and siltation, polluted
runoff, degradation of water quality, housing within a 100-year floodplain, structures
within a 100-year floodplain, cumulative project impacts)
. Police (project impacts, cumulative project impacts)
. School Facilities ( project impacts, cumulative impacts)
. Parks and Recreational Facilities (project impacts, cumulative impacts)
. Water (project impacts)
. Wastewater (project impacts, cumulative project impacts)
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I. AESTHETICS
Short-Term Visual Character. Grading and construction activities associated with
development as a result of implementing the Proposed Project could temporarily degrade the
existing visual character or quality of the development site and their surroundings.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential visual impacts from grading and construction activities have been eliminated or
substantially lessened to a level of less than significant by virtue of the mitigation measures
identified in the EIR.
Mitigation Measures:
AES-1
Construction materials and equipment staging areas shall be located away from
residential or other sensitive uses and, when feasible, appropriate screening (i.e.,
temporary fencing with opaque material) shall be used to buffer views of the
construction site. Staging locations shall be indicated on Final Development Plans
and Grading Plans.
AES-2
All construction-related lighting shall include shielding in order to direct lighting down
and away from residential or other sensitive uses and consist of the minimal wattage
necessary to provide safety at the construction site. A construction safety lighting
plan shall be submitted to the City for review concurrent with Grading Permit
application.
Long-Term Visual Character. Development associated with implementation of the Proposed
Project could degrade the existing visual character or quality of the development site and their
surroundings.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
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Facts in Support of Findings:
The potential physical blighting issues and visual character/quality conflicts resulting from
development associated with implementation of the Proposed Project have been eliminated or
substantially lessened to a level of less than significant by virtue of the mitigation measure
identified in the EIR.
Mitigation Measure:
AES-3
Visual simulations depicting before (existing conditions) and after (with project
conditions) representations of the proposed buildings and landscaping shall be
required for future development projects, if deemed necessary by the City. The
visual simulations are intended to convey an impression of the location, scale, and
massing of the buildings to be constructed on a project site and to demonstrate the
potential effects of the project. The viewpoint locations for visual simulation shall be
determined by the Planning Division.
Light and Glare. Implementation of the Proposed Project could create a new source of
substantial light or glare which could adversely affect day or night views in the area.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential light and glare issues resulting from development associated with implementation
of the Proposed Project have been eliminated or substantially lessened to a level of less than
significant by virtue of the mitigation measure included in the EIR.
Mitigation Measure:
AES-4
Future development projects shall be designed with lighting installed in locations and
orientations that minimize light spillover on adjacent residential or other sensitive
uses. All onsite lighting shall utilize directional lighting techniques and low wattage
bulbs that direct light downwards and minimize light spillover to adjacent residential
or other sensitive uses, without compromising site safety or security. Lighting
fixtures shall use shielding, if necessary, to prevent spill lighting on adjacent offsite
uses.
Cumulative Project Impacts. Implementation of the Proposed Project could result in
cumulatively considerable impacts related to aesthetics, light and glare, and shade and shadow.
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Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential cumulative aesthetic impacts associated with the implementation of the Proposed
Project have been eliminated or substantially lessened to a level of less than significant by
virtue of the mitigation measures identified in the EIR.
Mitigation Measures: Refer to Mitigation Measures AES-1 through AES-4.
II. NOISE
Short-Term Construction Noise. Future development and improvements associated with
implementation of the Proposed Project could cause temporary construction related noise
levels in excess of established standards.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential short-term construction noise impacts as a result of development associated with
the implementation of the Proposed Project have been eliminated or substantially lessened to a
level of less than significant by virtue of the mitigation measure identified in the EIR.
Mitigation Measure:
NOI-1
The following measures shall be implemented when construction is to be conducted
within 500 feet of any residential structures or has the potential to disrupt classroom
activities or religious functions.
. All construction equipment shall be equipped with mufflers and sound control
devices (e.g., intake silencers and noise shrouds) no less effective than those
provided on the original equipment and no equipment shall have an unmuffled
exhaust.
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. The City shall require that the contractor maintain and tune-up all construction
equipment to minimize noise emissions.
. Stationary equipment shall be placed so as to maintain the greatest possible
distance to the sensitive use structures.
. All equipment servicing shall be performed so as to maintain the greatest
possible distance to the sensitive use structures.
. The construction contractor shall provide an on-site name and telephone
number of a contact person. In the event that construction noise is intrusive to
an educational process, the construction liaison will revise the construction
schedule to preserve the learning environment.
. Trucks shall utilize a route that is least disruptive to sensitive receptors,
preferably major roadways, during any necessary off-site import/export of fill
material during construction.
Groundbourne Vibration. Construction-related activities resulting from implementation of the
Proposed Project could generate or expose persons or structures to excessive ground bourne
vibration.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential ground bourne vibration impacts as a result of development associated with the
implementation of the Proposed Project have been eliminated or substantially lessened to a
level of less than significant by virtue of the mitigation measure identified in the EIR.
Mitigation Measure:
NOI-2
Project applicants shall require by contract specifications that construction staging
areas along with the operation of earthmoving equipment within the City would be
located as far away from vibration and noise sensitive sites as possible. Should
construction activities take place within 25 feet of an occupied structure, a project
specific vibration impact analysis shall be conducted. Contract specifications shall
be included in the Proposed Project construction documents, which shall be
reviewed by the City prior to issuance of a grading permit.
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Long-Term Operational Impacts. Future development associated with implementation of the
Proposed Project could increase ambient noise levels from mobile and stationary sources in
excess of the established standards.
Findings
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential long-term operational impacts as a result of development associated with the
implementation of the Proposed Project have been eliminated or substantially lessened to a
level of less than significant by virtue of the mitigation measure identified in the EIR.
Mitigation Measure:
NOI-3
Prior to the issuance of building permits for any project that involves a noise
sensitive use within the 65 dBA CNEL contour along major roadways or freeway,
railroads, or the San Bernardino International Airport, the project property
owner/developers shall submit a final acoustical report prepared to the satisfaction of
the Planning Director. The report shall show that the development will be sound-
attenuated against present and projected noise levels, including roadway, aircraft,
helicopter and railroad, to meet City interior and exterior noise standards.
(Source: General Plan EIR Mitigation Measure GP 5.10-1)
Airport Noise Impacts. As the San Bernardino International Airport is located within the
project vicinity, future development associated with implementation of the Proposed Project
could expose people residing or working in the project area to excessive noise levels.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential airport noise impacts as a result of development associated with the
implementation of the Proposed Project has been eliminated or substantially lessened to a level
of less than significant by virtue of the mitigation measure identified in the EIR.
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Mitigation Measure: Refer to Mitigation Measure NOI-3.
Cumulative Noise Impacts. Cumulative short-term and operational noise as a result of
implementation of the Proposed Project could result in cumulatively considerable impacts.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential cumulative noise impacts associated with the implementation of the Proposed
Project has been eliminated or substantially lessened to a level of less than significant by virtue
of the mitigation measures identified in the EIR.
Mitigation Measures: Refer to Mitigation Measures NOI-1 through NOI-3.
III. BIOLOGICAL RESOURCES
Sensitive Species. Implementation of the Proposed Project could affect species identified as
a candidate, sensitive, or special status species.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential sensitive species impacts as a result of development associated with the
implementation of the Proposed Project has been eliminated or substantially lessened to a level
of less than significant by virtue of the mitigation measures identified in the EIR.
Mitigation Measures:
810-1
A qualified biologist shall conduct a pre-construction nesting bird survey no more
than three days prior to the commencement of ground-disturbing activities on the
site. In the event breeding birds and their active nests are discovered on the project
site during construction, impacts to nesting locations shall be minimized by the
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B10-3
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construction contractor pursuant to the California Fish and Game Code and the
Federal Migratory Bird Treaty Act.
Where an active bird nest is located by a qualified biologist, a 300-foot buffer (or
500-foot buffer for raptors and special-status bird species) shall be established
around it until the qualified biologist deems the nest inactive and there is no
evidence of a second attempt to use the nest. The buffer area shall be delineated
with orange construction fencing, and a qualified biologist shall verify the installation.
Most birds breed between the months of February and September; therefore, if
construction occurs outside of this time frame, there is a lower probability that
breeding birds would be impacted by construction-related activities.
A qualified biologist with a CDFG Scientific Collection permit and Memorandum of
Understanding shall conduct a series of 30-day preconstruction surveys for the
burrowing owl and San Bernardino kangaroo rat. The project applicant shall consult
with the CDFG regarding measures for reducing or avoiding impacts to these
species. The project applicant shall, if required by the CDFG, prepare a relocation
plan, which shall be approved by the CDFG. If the aforementioned species are
observed prior to construction, CDFG may require that the species be relocated by a
qualified biologist to an approved site with suitable habitat present. Survey and
relocation methods shall be approved by the CDFG prior to commencement of
grading. Future development shall comply with all applicable requirements of the
CDFG.
As applicable, future development shall be subject to the regulations set forth by
regulatory agencies as part of the jurisdictional permitting process. The ACOE and
CDFG shall require project applicants to explore alternatives to avoid or reduce
impacts and shall also require mitigation for all unavoidable impacts. The ACOE has
a "no net loss" policy that requires that any unavoidable impacts to stream values
and functions be replaced. In addition, the RWQCB shall add restrictions to control
runoff from the site, require on the site treatment of runoff to improve water quality,
and impose Best Management Practices on the construction. All of the features of
the project that shall address water quality issues shall be explained within the
Water Quality Management Plan and Stormwater Pollution Prevention Plan.
Riparian Habitat. Implementation of the Proposed Project could have an adverse effect on
riparian habitat or other sensitive natural communities.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
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2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential riparian habitat impacts as a result of development associated with the
implementation of the Proposed Project has been eliminated or substantially lessened to a level
of less than significant by virtue of the mitigation measure identified in the EIR.
Mitigation Measures: Refer to Mitigation 810-3.
Federally Protected Wetlands. Implementation of the Proposed Project could have an
adverse effect on federally protected wetlands as defined by Section 404 of the Clean water
Act.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential wetland impacts as a result of development associated with the implementation of
the Proposed Project has been eliminated or substantially lessened to a level of less than
significant by virtue of the mitigation measure identified in the EIR.
Mitigation Measure: Refer to Mitigation 810-3.
Native or Migratory Fish. Implementation of the Proposed Project could interfere with the
movement of native resident or migratory fish, or with wildlife corridors.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential impacts to native or migratory fish as a result of development associated with the
implementation of the Proposed Project has been eliminated or substantially lessened to a level
of less than significant by virtue of the mitigation measure identified in the EIR.
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Mitigation Measure: Refer to Mitigation 810-3.
Cumulative Impacts. Implementation of the Proposed Project could result in cumulatively
considerable impacts related to biological resources.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential cumulative biological impacts as a result of development associated with the
implementation of the Proposed Project has been eliminated or substantially lessened to a level
of less than significant by virtue of the mitigation measures identified in the EIR.
Mitigation Measures: Refer to Mitigation Measures 810-1 through 810-3.
IV. CULTURAL RESOURCES
Prehistoric Archeological Sites. Implementation of the Proposed Project could result in the
destruction or alteration of prehistoric archeological sites.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential impacts to prehistoric archeological sites as a result of development associated
with the implementation of the Proposed Project have been eliminated or substantially lessened
to a level of less than significant by virtue of the mitigation measures identified in the EIR.
Mitigation Measures:
CR-1 Complete Archaeological Surveys of Undeveloped Properties. Prior to initiating any
ground disturbing activities on undeveloped (not covered by buildings. pavement. or
landscaping) properties. parcels. or city streets subject to redevelopment activities,
an archaeological records search and a field survey using transects no more than 15
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meters apart shall be completed. The results shall be provided to the City
Redevelopment Agency in a technical report.
CR-2 Complete Archaeological Test Program and Data Recovery. If a potentially eligible
archaeological site is identified as a result of the survey, an archaeological test
program shall be completed in order to provide information necessary to evaluate
the site for eligibility for the CRHR. The results of the test program and the
evaluation shall be provided to the City Redevelopment Agency in a technical report.
If evaluated as eligible and the City determines that the site is eligible, an
archaeological data recovery program, consisting of hand excavated units,
identification and cataloging of recovered material, and a report, shall be completed
for the portion of the site that will be impacted, unless project plans can be changed
to avoid impacts to the site.
Historic Archeological Sites. Implementation of the Proposed Project could result in the
destruction or alternation of historic archeological sites.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential historical archeological site impacts as result of development associated with the
implementation of the Proposed Project have been eliminated or substantially lessened to a
level of less than significant by virtue of the mitigation measures identified in the EIR.
CR-3 Carry Out Historical Research And Records Search. Prior to initiating any ground
disturbing activities on properties, parcels, or city streets subject to redevelopment
activities in the Central City North, Central City East, Meadowbrook/Central City, and
Central City South Project Areas, a records search shall be obtained from the San
Bernardino Archaeological Information Center and property-specific historical
research shall be conducted to determine the potential for subsurface historical
archaeological material. The historical research shall include, but not be limited to,
use of historical maps, Sanborn's Fire Insurance Maps, and County Assessor's
records. The results shall be provided to the Redevelopment Agency of the City of
San Bernardino in a technical report.
CR-4 Complete Archaeological Test Program and Data Recovery. If the results of the
archaeological research indicate that a potentially eligible historical archaeological
site may be present subsurface, an archaeological test program shall be completed
in order to provide information necessary to evaluate the site for eligibility for the
CRHR. If evaluated as eligible and the City determines that the site is eligible, an
archaeological data recovery program, consisting of hand excavated units,
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identification and cataloging of recovered material, and a report, shall be completed
for the portion of the site that will be impacted, unless project plans can be changed
to avoid impacts to the site. If an archaeological test program is not feasible
because the property is covered by buildings and structures, archaeological
monitoring shall be carried out during ground disturbing activities subsequent to
building demolition.
Historic Buildings and Structures. Implementation of the Proposed Project could result in
the destruction of alteration of historic buildings and structures.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential historical buildings and structure impacts as a result of development associated
with the implementation of the Proposed Project have been eliminated or substantially lessened
to a level of less than significant by virtue of the mitigation measures identified in the EIR.
Mitigation Measures:
CR-5 Identify Historical Buildings More than 50 Years Old. Prior to demolition or alteration
of buildings or structures more than 50 years old in the Central City North, Central
City East, Meadowbrook/Central City, Central City South, and South Valle Project
Areas, a building inventory shall be completed by an architectural historian to
determine which buildings are more than 50 years old. The age of the buildings may
be determined through historical research or by assessing architectural
characteristics. Once this inventory has been completed, if a significant resource
has been identified, the results of the survey shall be provided to the Agency and
City Planning Division to be incorporated into the City's Historical Resources
Reconnaissance Survey.
CR-6 Evaluate Historical Buildings More than 50 Years Old. Properties that contain
buildings or structures more than 50 years old subject to demolition or alteration
shall be evaluated for CRHR eligibility by an architectural historian. The evaluation
shall be conducted by means of property-specific historical research and
assessment of architectural characteristics. The results of the evaluation shall be
provided to the Agency and City Planning Division in a technical report and the
results shall be incorporated into the City's Historical Resources Reconnaissance
Survey. If evaluated as eligible and the City determines that the building or structure
is eligible, mitigation measures formulated by the architectural historian to reduce
impacts shall be implemented. For buildings to be altered or remodeled, the
Secretary of the Interior's Standards for Rehabilitation shall be employed in project
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design. For buildings and structures to be demolished, Historic American Building
Survey/Historic American Engineering Record (HABS/HAER) standards shall be
used in documenting the architectural or engineering characteristics of the building
or structure.
Subsurface Archeological Sites. Implementation of the Proposed Project could result in the
destruction or alteration of unidentified subsurface archeological sites.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential subsurface archeological site impacts as a result of development associated with
the implementation of the Proposed Project have been eliminated or substantially lessened to a
level of less than significant by virtue of the mitigation measure identified in the EIR.
Mitigation Measure:
CR-7 Conduct Construction Monitoring. All ground-disturbing activities that result from
redevelopment actions in the Project Area shall be monitored. Archaeological
resources discovered during monitoring shall be evaluated to determine if they are
eligible for the CRHR. Appropriate mitigation measures (data recovery or
preservation) shall be developed and implemented for eligible resources that will be
impacted.
Cumulative Impacts. Implementation of the Proposed Project could result in cumulatively
considerable impacts related to cultural resources.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential cumulative cultural impacts as a result of development associated with the
implementation of the Proposed Project have been eliminated or substantially lessened to a
level of less than significant by virtue of the mitigation measures identified in the EIR.
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Mitigation Measures: Refer to Mitigation Measures CR-1 through CR-7.
V. GEOLOGY AND SEISMIC HAZARDS
Earth Movement. Implementation of the Proposed Project could involve earth movement (cut
and/or fill).
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential earth movement impacts as a result of development associated with the
implementation of the Proposed Project has been eliminated or substantially lessened to a level
of less than significant by virtue of the mitigation measures identified in the EIR.
Mitigation Measures:
GEO-1
GEO-2
GEO-3
Prior to issuance of a Grading Permit for each development project, a geotechnical
engineer shall prepare an area-specific Geologic Report, which shall be submitted to
the Community Development (Building and Safety) for approval. The Geologic
Report shall specify the measures necessary to mitigate impacts related to
liquefaction, expansion, and other geologic and seismic hazards, if any. All
recommendations in the Geologic Report shall be implemented during area
preparation, grading, and construction.
Prior to issuance of any Grading Permit, applicants of development projects shall
comply with each of the recommendations detailed in the Geotechnical Report, and
other such measure(s) as the City deems necessary to adequately mitigate potential
seismic and geotechnical hazards.
All grading, landform modifications, and construction shall be in conformance with
Title 15, Division 1 of the San Bernardino Municipal Code. Typical standard
minimum guidelines regarding regulations to control excavations, grading, earthwork
construction, including fills and embankments and provisions for approval of plans
and inspection of grading construction are set from the latest version of the
California Building Code. Compliance with these standards shall be evident on
grading and structural plans. This measure will be monitored by the City Building
and Safety Division through periodic site inspections.
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Seismic Groundshaking. Implementation of the Proposed Project could expose people and
structures to potentially substantial adverse effects involving strong seismic groundshaking or
be located within an Alquist-Priolo Earthquake Fault Zone.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential seismic groundshaking impacts as a result of development associated with the
implementation of the Proposed Project has been eliminated or substantially lessened to a level
of less than significant by virtue of the mitigation measures identified in the EIR.
Mitigation Measures: Refer to Mitigation Measures GEO-1 and GEO-2.
Seismic Related Ground Failure. Implementation of the Proposed Project could expose
people and structures to potential substantial adverse effects involving seismic-related ground
failure (i.e., landslides, subsidence, and liquefaction).
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential seismic-related ground failure impacts as a result of development associated with
the implementation of the Proposed Project has been eliminated or substantially lessened to a
level of less than significant by virtue of the mitigation measures identified in the EIR.
Mitigation Measures: Refer to Mitigation Measures GEO-1 and GEO-2.
Expansive Soils. Development associated with implementation of the Proposed Project could
be located on expansive soils creating potential risk to life or property.
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Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential expansive soil impacts as a result of development associated with the
implementation of the Proposed Project has been eliminated or substantially lessened to a level
of less than significant by virtue of the mitigation measures identified in the EIR.
Mitigation Measures: Refer to Mitigation Measures GEO-1 and GEO-2.
Cumulative Impacts. Implementation of the Proposed Project could result in cumulatively
considerable impacts related to geologic, soils, and seismic hazards.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential cumulatively considerable geologic, soils, and seismic impacts as a result of
development associated with implementation of the Proposed Project have been eliminated or
substantially lessened to a level of less than significant by virtue of the mitigation measures
identified in the EIR.
Mitigation Measures: Refer to Mitigation Measures GEO-1 and GEO-2.
VI. HAZARDS MATERIALS
Accidental Release of Hazardous Materials. Accidental release of hazardous materials could
result in a risk to the public or environment.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
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2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential hazardous materials impacts as a result of development associated with
implementation of the Proposed Project have been eliminated or substantially lessened to a
level of less than significant by virtue of the mitigation measures identified in the EIR.
Mitigation Measures:
HAZ-1
HAZ-2
HAZ -3
HAZ-4
A formal Phase I Environmental Site Assessment (ESA) shall be prepared on a
project-by-project basis in accordance with ASTM Standard 1527-05 or the
Standards and Practices for All Appropriate Inquiry (AAI), prior to any land
acquisition and/or construction activities. The Phase I ESA would identify specific
Recognized Environmental Conditions (RECs), which may require further
sampling/remedial activities by a qualified hazardous materials consultant with
Phase II/Site Characterization experience prior to land acquisition, demolition, and/or
construction.
Prior to demolition and/or rehabilitation activities, an asbestos survey shall be
conducted by an Asbestos Hazard Emergency Response Act (AHERA) and Cal
OSHA certified building inspector to determine the presence or absence of asbestos
containing-materials (ACMs). If ACMs are located, abatement of asbestos shall be
completed prior to any activities that would disturb ACMs or create an airborne
asbestos hazard. Asbestos removal shall be performed by a State certified
asbestos containment contractor in accordance with the South Coast Air Quality
Management District (SCAQMD) Rule 1403.
If paint is separated from building materials (chemically or physically) during
demolition of the structures, the paint waste shall be evaluated independently from
the building material by a qualified environmental professional. If lead-based paint is
found, abatement shall be completed by a qualified lead specialist prior to any
activities that would create lead dust or fume hazard. Lead-based paint removal and
disposal shall be performed in accordance with California Code of Regulation Title 8,
Section 1532.1, which specifies exposure limits, exposure monitoring and respiratory
protection, and mandates good worker practices by workers exposed to lead.
Contractors performing lead-based paint removal shall provide evidence of
abatement activities to the City Engineer.
If unknown wastes or suspect materials are discovered during construction by the
contractor that are believed to involve hazardous waste or materials, the contractor
shall comply with the following:
. Immediately cease work in the vicinity of the suspected contaminant, and
remove workers and the public from the area;
. Notify the City's Engineer;
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. Secure the area as directed by the Project Engineer; and
. Notify the implementing agency's Hazardous Waste/Materials Coordinator. The
Hazardous Waste/Materials Coordinator shall advise the responsible party of
further actions that shall be taken, if required.
Railroad Uses. Development associated with implementation of the Proposed Project could
result in an increased hazard to the public or the environment through the disturbance of
existing and/or past railroad uses.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential railroad impacts as a result of development associated with implementation of the
Proposed Project have been eliminated or substantially lessened to a level of less than
significant by virtue of the mitigation measure identified in the EIR.
Mitigation Measure: Refer to Mitigation HAZ-1.
Landfills. Development associated with the implementation of the Proposed Project could
result in an increased hazard to the public or the environment in association with landfills.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential landfill impacts as a result of development associated with implementation of the
Proposed Project have been eliminated or substantially lessened to a level of less than
significant by virtue of the mitigation measure identified in the EIR.
Mitigation Measure: Refer to Mitigation Measure HAZ-1.
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Cumulative Impacts. Development associated with implementation of the Proposed Project
could result in cumulatively considerable hazards and hazardous materials impacts.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential landfill impacts as a result of development associated with implementation of the
Proposed Project have been eliminated or substantially lessened to a level of less than
significant by virtue of the mitigation measures identified in the EIR.
Mitigation Measures: Refer to Mitigation Measure HAZ-1 through HAZ-4.
VII. HYDROLOGY AND WATER QUALITY
Water Quality Standards. Implementation of the Proposed Project could violate any water
quality standards or waste discharge requirements.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential water quality impacts as a result of development associated with implementation
of the Proposed Project have been eliminated or substantially lessened to a level of less than
significant by virtue of the mitigation measures identified in the EIR.
Mitigation Measures:
HYD-1
Prior to the issuance of any grading or building permit, all qualifying land
development/redevelopment projects, shall submit and have approved a Storm
Water Quality Management Plan (SWQMP) to the City Engineer. The SWQMP
shall identify all Best Management Practices (BMPs) that will be incorporated into
the project to control storm water and non-storm water pollutants during and after
construction and shall be revised as necessary during the life of the project. The
SWQMP submittal applies to construction projects covered by the NPDES General
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Construction Permit as well as construction projects less than one acre in size.
Also, a Stormwater Pollution Prevention Plan (SWPPP) shall be reviewed and
approved by the City Engineer for water quality construction activities on-site. All
recommendations in the Plan shall be implemented during post
construction/operation phase. The project applicant shall comply with each of the
recommendations detailed in the Plan, and other such measure(s) as the City
deems necessary to mitigate potential water quality impacts.
HYD-2
Any developer/owner engaging in construction activities which disturb one acre or
more of land shall apply for coverage under the General Storm Water Permit for
Construction Activity with the State Water Resources Control Board (SWRCB). Any
developer/owner engaging in construction activities which disturb less than one acre,
but are part of a larger common plan of development or sale that is greater than one
acre, must also apply for coverage under the General Storm Water Permit for
Construction Activity with the State Water Resources Control Board (SWRCB).
"Construction activity" includes, but is not limited to: clearing, grading, demolition,
excavation, construction of new structures, and reconstruction of existing facilities
involving removal and replacement that results in soil disturbance. The owner of the
land where the construction activity is occurring is responsible for obtaining
coverage under the permit. Owners may obtain coverage under the General Permit
by completing a "Notice of Intent" form (NOI) and mailing the form along with a
vicinity map and the appropriate fee to the office of the California State Water
Resources Control Board. The NOI form and checklist of items to submit to the
state is available from the State Water Resources Control Board in Sacramento,
California or from the City's Development Services Department. In addition, the
owner shall also prepare a Storm Water Pollution Prevention Plan (SWPPP) in
accordance with State requirements.
Prior to obtaining any City-issued grading and/or construction permits the
developer/owner shall provide evidence of compliance with the General Construction
Permit by providing a copy of the Waste Discharger's Identification Number (WDID)
to the City's Community Development Department.
Erosion and Siltation. Implementation of the Proposed Project could substantially alter the
existing drainage pattern of the site or area, including through the alteration of the course of a
stream or river, in a manner which would result in substantial erosion or siltation on- or off-site.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
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Facts in Support of Findings:
The potential erosion and siltation impacts as a result of development associated with
implementation of the Proposed Project have been eliminated or substantially lessened to a
level of less than significant by virtue of the mitigation measures identified in the EIR.
Mitigation Measures: Refer to Mitigation Measures HYD-1 and HYD-2.
Polluted Runoff. Implementation of the Proposed Project could create or contribute runoff
water which would exceed the capacity of existing or planned stormwater drainage systems or
provide substantial additional sources of polluted runoff, such as from areas of material storage,
vehicle or equipment maintenance (including washing or detailing), waste handling, hazardous
materials handling or storage, delivery areas, loading docks, or other outdoor areas.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential polluted runoff impacts as a result of development associated with implementation
of the Proposed Project have been eliminated or substantially lessened to a level of less than
significant by virtue of the mitigation measures identified in the EIR.
Mitigation Measures: Refer to Mitigation Measures HYD-1 and HYD-2.
Degradation of Water Quality. Implementation of the Proposed Project could otherwise
substantially degrade water quality.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential water quality impacts as a result of development associated with implementation
of the Proposed Project have been eliminated or substantially lessened to a level of less than
significant by virtue of the mitigation measures identified in the EIR.
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Mitigation Measures: Refer to Mitigation Measures HYD-1 through HYD-3, and HAZ-1.
Housing Within a 100-year Flood Hazard. Implementation of the Proposed Project could
place housing within a 1 DO-year flood hazard area as mapped on a federal flood hazard
boundary or flood insurance rate map or other flood hazard delineation map (panel no.
06071 C7930F).
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. . The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential flood hazard impacts as a result of development associated with implementation
of the Proposed Project have been eliminated or substantially lessened to a level of less than
significant by virtue of the mitigation measure identified in the EIR.
Mitigation Measure: Refer to Mitigation Measure HYD-3.
Structures Within a 100-Year Flood Hazard. Implementation of the Proposed Project could
place within a 1 DO-year flood hazard structures which would impeded or redirect flood flows.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential flood hazard impacts a result of development associated with implementation of
the Proposed Project have been eliminated or substantially lessened to a level of less than
significant by virtue of the mitigation measure identified in the EIR.
Mitigation Measure: Refer to Mitigation Measure HYD-3.
Cumulative Impacts. Implementation of the Proposed Project could result in cumulatively
considerable hydrology, drainage, and water quality impacts.
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Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential cumulative impacts as a result of development associated with implementation of
the Proposed Project have been eliminated or substantially lessened to a level of less than
significant by virtue of the mitigation measures identified in the EIR.
Mitigation Measures: Refer to Mitigation Measure HYD-1 through HYD-3 and HAZ-1.
VIII. POLICE PROTECTION
Project Impacts. Implementation of the Proposed Project could result in the need for
additional police protection facilities and personnel.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential police protection and service impacts as a result of development associated with
implementation of the Proposed Project have been eliminated or substantially lessened to a
level of less than significant by virtue of the mitigation measure identified in the EIR.
Mitigation Measure:
PS-1 All development projects within the Project Area shall be evaluated and required to
mitigate project-related impacts to police services. Individual development projects
shall pay any fees required by a Developer Fee Program, if established, by the City
of San Bernardino and/or the Police Department.
Cumulative Impacts. Implementation of the Proposed Project could result in cumulatively
considerable impacts to police protection facilities and personnel.
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Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential cumulative police protection and service impacts as a result of development
associated with implementation of the Proposed Project have been eliminated or substantially
lessened to a level of less than significant by virtue of the mitigation measure identified in the
EIR.
Mitigation Measure: Refer to Mitigation Measure PS-1.
IX. SCHOOL FACILITIES
Project Impacts. Implementation of the Proposed Project could result in the need for
additional school facilities.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential school facilities impacts as a result of development associated with
implementation of the Proposed Project have been eliminated or substantially lessened to a
level of less than significant by virtue of the mitigation measure identified in the EIR.
Mitigation Measure:
SCH-1
Prior to the issuance of certificate of occupancy, individual project applicants shall
submit evidence to the City of San Bernardino that legally required school-related
Development Fees have been paid per the current mitigation established by the
applicable school district.
Cumulative Impacts. Implementation of the Proposed Project could result in cumulatively
considerable impacts to school facilities.
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Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential cumulative school facilities impacts as a result of development associated with
implementation of the Proposed Project have been eliminated or substantially lessened to a
level of less than significant by virtue of the mitigation measure identified in the EIR.
Mitigation Measure: Refer to Mitigation Measure SCH-1.
x. PARKS AND RECREATIONAL FACILITIES
Project Impacts. Implementation of the Proposed Project could result in significant impacts to
the adequate availability of parkland and recreational facilities within the City of San Bernardino.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential park and recreational facilities impacts as a result of development associated with
implementation of the Proposed Project have been eliminated or substantially lessened to a
level of less than significant by virtue of the mitigation measure identified in the EIR.
PR-1 Prior to the issuance of a grading permit, the Parks, Recreation & Community
Services Department shall review development site plans to ensure that
development does not disrupt operations at parks and recreational facilities in the
Project Area, or access to pedestrian sidewalks or public transportation routes. Any
recommendations by the Parks, Recreation & Community Services Department shall
be implemented during site preparation, grading, construction, and operations.
Cumulative Impacts. Development associated with the Proposed Project could result in
cumulatively considerable impacts to parks and recreational facilities.
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Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential cumulative park and recreational facilities impacts as a result of development
associated with implementation of the Proposed Project have been eliminated or substantially
lessened to a level of less than significant by virtue of the mitigation measure identified in the
EIR.
Mitigation Measure: Refer to Mitigation Measure PR-1.
XI. WATER
Project Impacts. Implementation of the Proposed Project could result in increased demand for
water supplies and infrastructure within the City.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential water supply and infrastructure impacts as a result of development associated
with implementation of the Proposed Project have been eliminated or substantially lessened to
a level of less than significant by virtue of the mitigation measure identified in the EIR.
Mitigation Measure:
WAT-1
Prior to the issuance of a building permit for any future development project, the
project applicant shall submit a hydraulic analysis to the San Bernardino Municipal
Water Department to determine if water infrastructure upgrades (i.e., pipeline
diameter increases for fire flow) are necessary. If the hydraulic analysis determines
that upgrades are necessary, the project applicant shall be responsible for their fair-
share of the improvements.
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XII. WASTEWATER
Project Impacts. Implementation of the Proposed Project could result in increased demand for
wastewater services and infrastructure in the City.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings:
The potential wastewater impacts as a result of development associated with implementation of
the Proposed Project have been eliminated or substantially lessened to a level of less than
significant by virtue of the mitigation measures identified in the EIR.
Mitigation Measures:
WW-1
Prior to issuance of a wastewater permit for any future development project, the
project applicant shall pay applicable connection and/or user fees to the City.
WW-2
Prior to issuance of a building permit for any future development project, the project
applicant shall prepare an engineering study to determine the adequacy of the sewer
systems and submit the engineering study to the City for review and approval.
WW-3
Prior to issuance of a building permit for any future development project, the project
applicant shall provide evidence that the City and the City of San Bernardino
Municipal Water Department has sufficient wastewater transmission and treatment
plant capacity to accept sewage flows from buildings for which building permits are
being requested.
Cumulative Impacts. Implementation of the Proposed Project could result in cumulatively
considerable impacts to wastewater systems, including increased demand and infrastructure
facilities within the City.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project,
which avoid or substantially lessen the significant environmental effect as
identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
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Facts in Support of Findings:
The potential wastewater impacts as a result of development associated with implementation of
the Proposed Project have been eliminated or substantially lessened to a level of less than
significant by virtue of the mitigation measures identified in the EIR.
Mitigation Measures: Refer to Mitigation Measures WW-1 through WW-3.
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3.8 EFFECTS WHICH REMAIN SIGNIFICANT AND
UNAVOIDABLE IN THE FINAL PROGRAM EIR AFTER
MITIGATION AND FINDINGS
The Commission, having reviewed and considered the information contained in the Final EIR,
Technical Appendices and the administrative record, facts, finds, pursuant to Public Resources
Code 21081 (a)(3) and CEQA Guidelines 15091 (a)(3), has found and determined that specific
economic, legal, social, technological, or other considerations, make infeasible the mitigation
measures identified in the Final EIR and, therefore, the Project would cause significant
unavoidable impacts in the categories of:
. Traffic (project impacts, cumulative project impacts)
. Air Quality (short-term construction emissions, long-term mobile and stationary source
emissions, cumulative project emissions)
I. TRAFFIC
Project Impacts. Implementation of the Proposed Project would generate trips that could
impact levels of service for the existing area roadway system.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project
that avoid or substantially lessen the significant environmental effect as identified
in the EIR.
2. Impacts associated with project-generated traffic have been reduced to the extent
feasible. However, after implementation of the General Plan goals and policies
contained in the EIR, the impacts would constitute a significant and unavoidable
impact.
Facts in Support of Findings:
The City of San Bernardino is an entirely urbanized city that has a diverse mix of land uses.
The General Plan includes several land use designations within the following categories:
Residential, Commercial, Industrial, Public/Quasi-Public, and Open Space. As detailed in the
Final Program EIR, the 2005 General Plan, forecasts buildout conditions for the City and allows
for approximately 82,174 units of residential land use and approximately 189,934,304 square
feet of non-residential land use. The proposed project plans for 1,833 units of residential land
use and 6,200,590 square feet of non-residential land use, which is approximately 2.2 percent
of the allowable residential dwelling units and approximately 3.3 percent of the allowable non-
residential square footage in the General Plan. As identified in the General Plan EIR,
implementation of the circulation improvements proposed in the General Plan Circulation
Element would mitigate traffic-related impacts associated with General Plan buildout. However,
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it was determined that the timing of these mitigation measures may not coincide with the
occurrence of the impact.
To assist in implementing circulation improvements identified in the General Plan Circulation
Element, the City established development impact fees for both local and regional circulation
improvements. All future developments that occur within the City and the Project Area would
be required to pay these fees.
Development Type
Detached Dwelling Units
Attached Dwelling Units
Commercial/ Office
Industrial
Local Circulation Fee
$225.06 per unit
$150.03 per unit
$0.243 per square foot
$0.147 per square foot
Reqional Circulation Fee
$2,435.00 per unit
$1,626.00 per unit
$2.625 per square foot
$1.591 per square foot
Payment of these fees effectively mitigates the impacts associated with development projects in
the City. However, since the circulation improvements may not be constructed until some time
after the fees are paid, impacts remain significant. In addition, there may be instances where
improvements are shared by other jurisdictions (Le., Caltrans, City of Redlands, County of San
Bernardino, etc.), which may affect the ability to construct the proposed improvements at the
time the impact occurs.
The proposed project is consistent with the General Plan, and therefore, detailed traffic analysis
for the Proposed Project was addressed during the adoption of the currently approved General
Plan. Therefore, no additional traffic impacts or mitigation measures are anticipated beyond
those identified in the General Plan and General Plan EIR, and no further traffic analysis is
required for the Proposed Project. However, since the project-specific mitigation measures or
improvements may not be constructed at the time impacts occur, it has been determined that
traffic associated with the Proposed Project would result in a significant unavoidable impact in
the Project Area. While these impacts are mitigable, it is the timing of when the mitigation
would occur that provides the basis for this determination.
As stated in the Final Program EIR for the proposed project, implementation of the circulation
improvements identified in the General Plan Circulation Element and General Plan EIR are
required to ensure that impacts to traffic generation within the Project Area are reduced. No
additional mitigation measures are required.
The overriding social, economic, and other considerations set forth in the Statement of
Overriding Considerations and the Findings regarding Alternatives provide additional facts in
support of these findings. Any remaining, unavoidable significant effects after available Final
EIR mitigation measures are implemented are acceptable when balanced against the facts set
forth therein.
Cumulative Impacts. Implementation of the Proposed Project could result in cumulatively
considerable trips that could impact levels of service for the existing area roadway system.
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Findings:
1. Changes or alterations have been required in, or incorporated into, the Project
that avoid or substantially lessen the significant environmental effect as identified
in the EIR.
2. Impacts associated with cumulative project-generated traffic have been reduced
to the extent feasible. However, after implementation of the General Plan goals
and policies contained in the EIR, the impacts would constitute a significant and
unavoidable impact.
Facts in Support of Findings:
Future development in the City of San Bernardino could result in additional trips on the
circulation system. The City of San Bernardino is an urbanized city surrounded by other urban
cities. The proposed project, which includes the consolidation of seven Project Areas into one
Project Area, is located in the central portion of the City of San Bernardino.
Implementation of the proposed project would result in the addition of 1,833 dwelling units,
6,123 persons, 6,195,718 square feet of non-residential development, and 16,591 jobs beyond
existing conditions. Future development associated with implementation of the proposed
project would result in increased traffic generation within the Project Area. However, this
anticipated growth has been planned for within the General Plan. To accommodate this
anticipated growth, the General Plan Circulation Element identifies the roadway improvements
necessary to accommodate the anticipated traffic associated with General Plan buildout.
However, these improvements may not be implemented at the time actual circulation impacts
occur. For this reason some intersections or roadways may operate at a deficient LOS.
The proposed project identifies several projects and programs to eliminate blight that may occur
if the proposed merger and amendments project is approved. Future projects within the City,
including those in Merged Area A would be required to mitigate traffic impacts on a project-by-
project basis. Therefore, the incremental impact of the proposed project, when considered in
combination with development within the City, would not result in cumulatively considerable
traffic impacts. Nor would the cumulative traffic impacts generate any new impacts that have
not already been identified for the General Plan buildout in the General Plan EIR. Relevant
policies from the General Plan Land Use and Circulation Elements have been identified in the
analysis above. Future projects would be reviewed for consistency with the General Plan
Circulation Element in place at the time.
Although the amount of development associated with the proposed project is consistent with the
General Plan, cumulative traffic impacts are considered significant and unavoidable based on
the potential for traffic impacts to occur prior to construction of the improvements designed to
alleviate those conditions. Although payment of the City's Development Impact Fees provides
the funding for these improvements, there is a potential that the improvements may be delayed.
Therefore, cumulative traffic impacts are considered significant and unavoidable in this regard.
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The overriding social, economic, and other considerations set forth in the Statement of
Overriding Considerations and the Findings regarding Alternatives provide additional facts in
support of these findings. Any remaining, unavoidable significant effects after available Final
EIR mitigation measures are implemented are acceptable when balanced against the facts set
forth therein.
II. AIR QUALITY
Short-Term Construction Emissions. Implementation of the Proposed Project could facilitate
the construction of new land uses that could generate gust and equipment emissions.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project
that avoid or substantially lessen the significant environmental effect as identified
in the EIR.
2. Impacts associated with short-term construction air quality emissions have been
reduced to the extent feasible. However, after implementation of the General Plan
goals and policies and mitigation measures contained in the EIR, the impacts
would constitute a significant and unavoidable impact.
Facts in Support of Findings:
Construction-related air quality impacts would be short-term and temporary, lasting only as long
as the construction phase of the future development project. Nonetheless, construction
impacts have the potential to violate Federal and State ambient air quality standards and may
harm nearby sensitive receptors. The SCAQMD has established short-term thresholds for
individual development projects, and it is assumed that some of the future development projects
that would be implemented under the proposed project could individually exceed the SCAQMD
thresholds. The General Plan EIR concluded that major construction activities under the
General Plan Update could exceed SCAQMD's thresholds and would result in a significant
impact, although individual projects may not be significant. Additionally, the General Plan EIR
concluded that even after the application of General Plan Policies and mitigation measures,
implementation of the General Plan Update as a whole would result in significant and
unavoidable air quality impacts due to the magnitude of emissions that would be generated
during construction. A statement of overriding consideration was adopted by the City for this
impact.
Implementation of Mitigation Measures AQ-1 and AQ-2 would limit construction air emissions
during the grading phase and ensure the use of low or zero VOC content architectural coatings
for construction and maintenance activities. Compliance with Policy 12.5.3 of the General Plan
would require dust abatement measures during project grading and construction operations.
Dust abatement measures would be required in accordance with SCAQMD Rule 403 dust
minimization requirements (i.e., water exposed surfaces, treat soils with soil conditioner,
securely cover loads of fill, provide for street sweeping, wash mud-covered tires before trucks
leave the site, etc.). Implementation of Mitigation Measures AQ-1 and AQ-2 and compliance
with the General Plan policies would lessen construction-related impacts by reducing air
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pollutant emissions from construction activities. However, as concluded in the General Plan
EIR, construction-related air quality impacts would be considered significant and unavoidable
due to the magnitude of construction under the proposed project.
The Proposed Project's impacts associated with short-term construction air quality remain
significant despite the implementation of the mitigation measures contained in the Final EIR.
Mitigation Measures:
AQ-1 Prior to the issuance of grading permits, the property owner/developer shall include
a note on all grading plans which requires the construction contractor to implement
following measures during grading. These measures shall also be discussed at the
pregrade conference.
. Use low emission mobile construction equipment.
. Maintain construction equipment engines by keeping them tuned.
. Utilize existing power sources (Le., power poles) when feasible.
. Configure construction parking to minimize traffic interference.
. Minimize obstruction of through-traffic lanes. When feasible, construction should
be planned so that lane closures on existing streets are kept to a minimum.
. Schedule construction operations affecting traffic for off-peak hours to minimize
traffic congestion.
. Develop a traffic plan to minimize traffic flow interference from construction
activities (the plan may include advance public notice of routing, use of public
transportation and satellite parking areas with a shuttle service).
(Source: General Plan EIR Mitigation Measure GP5.2-2A)
AQ-2 The City shall promote the use of low or zero VOC content architectural coatings for
construction and maintenance activities.
(Source: General Plan EIR Mitigation Measure GP5.2-2B)
The overriding social, economic, and other considerations set forth in the Statement of
Overriding Considerations and the Findings regarding Alternatives provide additional facts in
support of these findings. Any remaining, unavoidable significant effects after available Final
EIR mitigation measures are implemented are acceptable when balanced against the facts set
forth therein.
Long-Term Mobile and Stationary Source Emissions. Implementation of the Proposed
Project could introduce future projects that could result in an overall increase in mobile and
stationary source emissions within the City, and which may exceed South Coast Air Quality
Management District air quality standards.
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Findings:
1. Changes or alterations have been required in, or incorporated into, the Project
that avoid or substantially lessen the significant environmental effect as identified
in the EIR.
2. Impacts associated with long-term mobile and stationary air quality emissions
have been reduced to the extent feasible. However, after implementation of the
General Plan goals and policies and mitigation measures contained in the EIR, the
impacts would constitute a significant and unavoidable impact.
Facts in Support of Findings:
The General Plan EIR anticipated additional development within the City, including the
commercial, industrial, and multi-family uses under the proposed project. This forecast growth
was inclusive of the development that would occur within the Project Area and is consistent with
the General Plan land use designations. The General Plan EIR concluded that buildout would
exceed daily SCAQMD thresholds and would result in significant impacts for operational
emissions, as these thresholds were designed for individual projects. Therefore, on a project-
by-project basis, thresholds may not be exceeded; however, operational emissions as a result
of the proposed project would be expected to be significant. Air quality impacts would be
regional and not confined to the San Bernardino City limits. The destination of motor vehicles,
which are the primary contributors to air pollution, vary widely and cross many jurisdictional
boundaries. Future development projects within the Project Area would be evaluated for
potential air emissions once development details have been determined and are available. The
development facilitated by the proposed project was considered in the General Plan EIR since
the development that would occur would be consistent with the existing General Plan land use
designations and Zoning Districts. Therefore, project implementation would be consistent with
the analysis presented in the General Plan EIR, and would result in no greater air quality
impacts than previously identified. Due to the amount of development that would occur under
the proposed project, and consistent with the conclusions in the General Plan EIR, operational
emissions would be expected to exceed SCAQMD thresholds. Therefore, even with
implementation of General Plan Policies and adherence to SCAQMD requirements, long-term
operational impacts would remain significant.
The Proposed Project's impacts associated with long-term mobile and stationary air quality
emissions remain significant despite the implementation of the mitigation measures contained
in the Final EIR.
Mitigation Measures:
AQ-3 The City shall reduce vehicle emISSions caused by traffic congestion by
implementing transportation systems management techniques that include
synchronized traffic signals and limiting on-street parking.
(Source: General Plan EIR Mitigation Measure GP5.2-2C)
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AQ-4 The City shall consider the feasibility of diverting commercial truck traffic to off-peak
periods to alleviate non-recurrent congestion as a means to improve roadway
efficiency.
(Source: General Plan EIR Mitigation Measure GP5.2-2D)
AQ-5 The City shall promote the use of fuel efficient vehicles such as fuel hybrids when
purchasing vehicles for the City's vehicle fleet.
(Source: General Plan EIR Mitigation Measure GP5.2-2E)
The overriding social, economic, and other considerations set forth in the Statement of
Overriding Considerations and the Findings regarding Alternatives provide additional facts in
support of these findings. Any remaining, unavoidable significant effects after available Final
EIR mitigation measures are implemented are acceptable when balanced against the facts set
forth therein.
Cumulative Impacts. Air quality emiSSions resulting from development associated with
implementation of the Proposed Project could impact regional air quality levels on a
cumulatively considerable basis.
Findings:
1. Changes or alterations have been required in, or incorporated into, the Project
that avoid or substantially lessen the significant environmental effect as identified
in the EIR.
2. Impacts associated with cumulative air quality emissions have been reduced to
the extent feasible. However, after implementation of the General Plan goals and
policies and mitigation measures contained in the EIR, the impacts would
constitute a significant and unavoidable impact.
Facts in Support of Findings:
The proposed project would promote the rehabilitation and updating of existing uses, promote
the use of compact mixed-use, encourage the efficient use of infill parcels, and encourage the
overall enhancement of the area.
As previously stated, the proposed project is anticipated to generate a significant amount of
GHG emissions due to the amount of development that would occur under the proposed
project. However, the proposed project would adhere to General Plan policies, including those
addressing transportation, energy, solid waste, and water efficiency measures (which would
inherently reduce GHG emissions). AS 32 requires the reduction of GHG emissions to 1990
levels that would require a 28 to 33 percent reduction in "business as usual" GHG emissions for
the entire State. Due to the amount of development proposed under the proposed project
(including 5,681,674 square feet of commercial uses, 518,916 square feet of industrial uses,
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and 1,833 multi-family residential units), the proposed project could hinder the statewide
reduction goals of AS 32 on a program level basis.
The City's process for the evaluation of discretionary projects includes environmental review
and documentation pursuant to CEQA, as well as analysis of those projects for consistency with
the goals, policies, and recommendations of the General Plan. In general, implementation of
the policies in the General Plan, as well as compliance with Federal, State, and local
regulations would avoid or reduce their incremental contribution to the significant worldwide
increase in GHG emissions. However, for some projects it is possible that adherence to
General Plan Policies may not adequately avoid or reduce incremental impacts, and such
projects would require additional mitigation measures. For each future discretionary project
requiring mitigation (i.e., measures that go beyond what is required by existing programs, plans,
and regulations), project specific measures would be identified with the goal of reducing
incremental project level impacts to less than significant or the incremental contributions of a
project may remain significant and unavoidable where no feasible mitigation exists. Where
mitigation is determined necessary and feasible, these measures would be included in a
Mitigation Monitoring and Reporting Program for the project. The measures may be updated,
expanded, and refined when applied to specific future projects proposed under the proposed
project based on project specific design and changes in existing conditions, and local, State,
and Federal laws.
The degree of future impacts and applicability, feasibility, and success of future mitigation
measures cannot be adequately determined for each specific future project at this
programmatic level of analysis. As stated above, reducing GHG emissions to 1990 levels
would require a 28 to 33 percent reduction in "business as usual" GHG emissions for the entire
State. Although the project includes mitigation measures that would reduce GHG emissions,
there are no specific development proposals for the proposed project and the City has not
developed a Climate Action Plan or Greenhouse Gas Reduction Plan. Therefore, an accurate
correlation cannot be made at this stage between GHG emissions from future development of
the proposed project and extent of potential GHG reductions. Future development within the
Project Area would need to be analyzed on a project-by-project basis to determine the extent of
each project's potential contribution to global climate change and appropriate mitigation
measures specific to each project. Thus, cumulative operational and climate change impacts
would be significant and unavoidable at this program level of analysis.
The Proposed Project's impacts associated with short-term construction air quality remain
significant despite the implementation of the mitigation measures contained in the Final EIR.
Mitigation Measures: Refer to Mitigation Measures AQ3 through AQ-5.
The overriding social, economic, and other considerations set forth in the Statement of
Overriding Considerations and in the Findings regarding Alternatives provide additional facts in
support of these findings. Any remaining, unavoidable significant effects after available Final
EIR mitigation measures are implemented are acceptable when balanced against the facts set
forth therein.
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3.9 PROJECT ALTERNATIVES AND ANALYSIS
The EIR addresses the environmental effects of alternatives to the Proposed Project. A
description of these alternatives, a comparison of their environmental impacts to the Proposed
Project, and the Commission's findings are listed below. These alternatives are compared
against the Project relative to the identified project impacts, summarized in Sections 3.5
through 3.8, above, to the Project Objectives, as stated in Section 3.3, Redevelopment Aqencv
Goals, of the EIR.
In making the following alternatives findings, the Commission certifies that it has independently
reviewed and considered the information on alternatives provided in the EIR, including the
information provided in the comments on the Draft EIR and the responses thereto.
NO PROJECT ALTERNATIVE
Implementation of the No Project Alternative assumes that the Agency would take no action in
merging the seven Project Areas into one Project Area. In addition, this Alternative would not
increase the limitation on the number of dollars that could be allocated to the Project Area
through tax increment, nor would it increase the amount of bonded debt that would be
outstanding at anyone time. Currently without these project elements, both the Central City
North and the Tri-City Project Areas would experience short-falls in the amount of funds they
are able to collect relative to the amount of debt they have incurred. In addition, the 1 Q-year
extensions for both the Central City North and Meadowbrook/Central City Project Areas would
not occur under this Alternative, which would affect the amount of tax increment the Agency can
collect to repay outstanding debt and implement projects and programs designed to eliminate
blight. Finally, under this Alternative, the capital improvement projects added under the
Proposed Project would not be implemented. Any development that would occur as a result of
the Proposed Project would not occur, or would be implemented in a smaller more piecemeal
fashion, as a result of this Alternative.
Findings:
1. The findings relating to the Proposed Project set forth in this document and the
overriding social, economic, and other issues set forth in the Statement of
Overriding Considerations provide support for the Proposed Project and the
elimination of this alternative from further consideration.
Facts in Support of Findings:
Under this Alternative, the Project Areas would continue to be comprised of dilapidated,
outdated, and/or inadequate buildings unable to serve contemporary commercial and industrial
uses. Vacant buildings and deteriorated property conditions would continue to plague the
Project Areas and result in reduced commercial activity, increase code violations, and
underutilized development potential throughout this part of the City. Residential uses
intermixed with commercial and industrial activities would also continue to occur in certain parts
of the Project Areas. Contaminated or potentially contaminated sites would continue to remain
in their existing state and incentives used to remediate these sites and prepare them for
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redevelopment could not occur. Many areas within this part of the City would continue to
stagnate as a result of the lack of reinvestment by the Agency to improve infrastructure,
assemble parcels for re-use/redevelopment, and provide catalysts to businesses looking to
relocate to this part of the region. The Agency's ability to accomplish these activities under this
Alternative would be significantly reduced, which would affect their ability to meet not only the
goals of this project, but also the City's goals and policies identified in the General Plan.
It is anticipated that without additional redevelopment authority and updated financial
mechanisms, existing adverse conditions within the Project Areas would not be corrected and
may further contribute to decline of the area, affecting deleteriously physical and economic
conditions in surrounding areas as well. Further, without additional Agency activity in the
Project Areas to fund public improvements, private investment in the Project Areas would be
substantially reduced. The extent of rehabilitation and development within the Project Areas
would be limited due to the amount of existing financing capacity within each Project Area and
the capability for each Project Area to pay back money borrowed. Issues such as lack of
needed infrastructure and public improvements and continued lack of investment due to legal
non-conforming and illegal non-conforming uses and lack of compliance with current
development standards and uniform codes may not be addressed under this Alternative.
It is acknowledged that the Proposed Project would involve short- and long-term environmental
impacts within the Project Area. However, as analyzed in this EIR, impacts would be less than
significant or less than significant with mitigation with the exception of construction- and
operational-related project and cumulative projects air quality impacts, and project and
cumulative projects traffic impacts. The Proposed Project identifies development potential
within the Project Area that is consistent with the development potential identified in the General
Plan and General Plan EIR. Thus, the air quality and traffic impacts associated with the
Proposed Project are consistent with impacts previously analyzed in the General Plan EIR.
Impacts associated with the No Project Alternative are assumed to be the same as the
Proposed Project, since under this Alternative all development would have to be consistent with
the General Plan as well.
It is anticipated that the No Project Alternative would result in a similar amount of growth as the
Proposed Project, however the timeframe and mechanism in which this growth would occur is
anticipated to be piecemeal in fashion. Based on this assumption it is anticipated that the
economic improvement associated with this growth would result in a less viable local economy,
less local revenues, less development of existing vacant and underutilized parcels, less
commercial, industrial, and residential rehabilitation, less funding for affordable housing, and
more constraints upon infrastructure and public improvements. The No Project Alternative
would significantly reduce the opportunities for the Agency to eliminate blight and blighting
conditions and reduce the ability to implement a comprehensive redevelopment approach to
improve the overall Project Area. Although the No Project Alternative would not prohibit or
eliminate development activity within the Project Area, it is anticipated that existing conditions
would continue in certain areas due to a lack of adequate redevelopment funds, which include
limited to no private development and investment due to extensive development constraints and
blight and blighting conditions that currently occur within the Project Area.
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In conclusion, the No Project Alternative is not considered environmentally superior when
compared to the Proposed Project, and was not selected as the environmentally superior
alternative.
NO MERGER OF THE REDEVELOPMENT PROJECT AREAS ALTERNATIVE
The No Merger of the Redevelopment Project Areas Alternative assumes that the Proposed
Project would be performed separately for each of the Seven Project Areas that comprise the
Proposed Project. Under this Alternative, the Agency would prepare Restated and Amended
Redevelopment Plans for each of the Project Areas that would include, to the extent feasible,
increased tax increment and bonded debt limits, and 1 O-year extensions.
Findings:
1. The findings relating to the Proposed Project set forth in this document and the
overriding social, economic, and other issues set forth in the Statement of
Overriding Considerations provide support for the Proposed Project and the
elimination of this alternative from further consideration.
Facts in Support of Findings:
Currently, the bonded debt limits within the seven Project Areas range from $14 million to $60
million, which when aggregated amount to $237 million for all seven areas. Under the
Proposed Project, this limit would be increased to $327 million, resulting in an additional $90
million in bonded capacity that can be leverage against programs and projects/improvements
within the single Project Area. In addition, the current limits on receiving tax increment within
the seven Project Areas are limited to 1.75 times the annual debt service (except for the Tri-City
Project Area, which has a limit of $60 million). Under the Proposed Project, this amount would
be fixed at $2.5 billion, with the ability to use the money throughout the merged and amended
Project Area. Under this Alternative, both the bonded debt limits and receipt of tax increment
would be limited to each individual Project Area and it is assumed that the aggregated amounts
for each would be lower than allowed in the Proposed Project. In addition, this Alternative
would limit the use of redevelopment funds to each of the seven Project Areas, whereas the
Proposed Project would allow funds to be used throughout the entire Project Area.
At this time, both Central City North and Tri City Project Areas are experiencing revenue
shortfalls. Under this Alternative, it is unclear whether or not these two areas would be able to
increase revenue generation adequately to cover current expenses or to implement the same
programs anticipated with the Proposed Project since the Agency's ability to eliminate blight in
the Project Area is heavily reliant on its financing and bonding capacity from tax increment. As
a result of this, the current Project Areas would not have adequate funding to implement the
blight eliminating plans and programs incorporated into the Proposed Project. In similar
fashion, it is expected that this Alternative would also be constrained by the same issues that
constrain the existing Project Areas today.
Rehabilitation and redevelopment of the seven Project Areas under this Alternative, including
assistance in funding identified programs and projects including a Downtown Core Specific
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Plan/Overlay, Transit Oriented Developments, and/or Land Use Planning/Infrastructure
Improvement projects within the Project Area would not occur in a comprehensive manner and
would be limited to funding availability for each Project Area. The availability of funding would
be dependent upon the tax increment limits, bonded capacity, revenue sharing agreements,
and outstanding debt service for each area. As previously indicated, two of the existing Project
Areas are currently experiencing shortfalls and would be expected to experience similar
shortfalls under this Alternative. In addition, as the use of funds is limited to each individual
Project Area, when an area expends available funds, the Agency would have to reduce
expenditures within that Project Area to ensure additional shortfalls occur, which would
ultimately mean that many of the projects and programs identified as part of the Proposed
Project would not be implemented in some of the seven Project Areas.
Overall, this Alternative would restrict the Agency's ability to effectively eliminate blight
throughout the Project Areas, by limiting where individual funds can be spent, depending on the
financial solvency of individual Project Areas. The result of this would be a piecemeal approach
to the elimination of blight within several of the seven Project Areas that would not be as
effective as the Proposed Project. Under this Alternative, it is expected that blighting conditions
would remain in the Tri-City and Central City North Project Areas, due to the current shortfalls
the Project Areas are experiencing. Although some improvements may occur within the
individual Project Areas, it is likely that portions of the Project Areas would continue to be
comprised of dilapidated, outdated, and/or inadequate buildings unable to serve contemporary
commercial/ industrial uses. Vacant buildings and deteriorated property conditions would
continue to depress the industrial and commercial portions of the Project Areas, resulting in
reduced commercial activity and underutilized developments, and residential uses intermixed
with commercial activities would continue to occur within some of the seven Project Areas. It is
also expected that contaminated/potentially contaminated sites would continue to remain in
their existing state.
It is acknowledged that the Proposed Project would involve short- and long-term environmental
impacts within the Project Area. However, as analyzed in this EIR, impacts would be less than
significant or less than significant with mitigation with the exception of construction- and
operational-related project and cumulative projects air quality impacts, and project and
cumulative projects traffic impacts. The Proposed Project identifies development potential
within the Project Area that is consistent with the development potential identified in the General
Plan and General Plan EIR. Thus, the air quality and traffic impacts associated with the
Proposed Project are consistent with impacts previously analyzed in the General Plan EIR.
Impacts associated with the No Merger of the Redevelopment Project Areas Alternative are
assumed to be the same as the Proposed Project, since under this Alternative all development
would have to be consistent with the General Plan as well.
It is anticipated that the No Merger of the Redevelopment Project Areas Alternative would result
in a similar amount of growth as the Proposed Project, however the timeframe and mechanism
in which this growth would occur is anticipated to be piecemeal in fashion and be related to the
adequacy of funding within a given Project Area. Based on this assumption, it is anticipated
that the economic improvement associated with this growth would result in a less viable local
economy, less local revenues, less development of existing vacant and underutilized parcels,
less commercial, industrial, and residential rehabilitation, less funding for affordable housing,
and more constraints upon infrastructure and public improvements. The No Merger of the
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Redevelopment Project Areas Alternative would significantly reduce the opportunities for the
Agency to comprehensively eliminate blight and blighting conditions and reduce the ability to
implement a comprehensive redevelopment approach to improve the overall Project Area.
Although the No Merger of the Redevelopment Project Areas Alternative would not prohibit or
eliminate development activity within the Project Areas, it is anticipated that existing conditions
would continue in certain areas due to a lack of adequate redevelopment funds, which include
limited to no private development and investment due to extensive development constraints and
blight and blighting conditions that currently occur within the Project Areas.
In conclusion, the No Merger of the Redevelopment Project Areas Alternative is not considered
environmentally superior when compared to the Proposed Project, and was not selected as the
environmentally superior alternative.
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3.10
PROJECT BENEFITS
The Commission has, pursuant to an adopted resolution, established the following eight goals
related to community reinvestment and revitalization for the 14 Redevelopment Project Areas in
the City. These eight goals form the foundation on which the Agency is based, and assist in
creation a vision which the Agency seeks to realize. The eight goals are defined by the
following phrases: Live, Play, Work, Invest, Access, Go, Collaborate, and Preserve (see
Section 3.3 of the Final EIR).
The San Bernardino Merged Area A - Merger and Amendments will result in multiple social,
economic, and environmental benefits to be utilized by the both the public and private
development sectors. These benefits involve creating jobs, increasing income levels,
assembling and redeveloping blighted properties, replacing aged infrastructure, addressing
incompatible uses, increasing property values, remediating environmentally contaminated sites,
reducing office and retail vacancies, creating needed commercial facilities, and addressing uses
that contribute to the threat to the public health, safety, and welfare of residents in Merged Area
A. Primarily, the Agency will be able to use the Restated Development Plan to Eliminate and
prevent the recurrence of blight, and improve the economic base of Merged Area A through the
following actions:
. Rehabilitating, altering, remodeling, improving, modernizing, clearing, or reconstructing
buildings, structures and improvements.
. Rehabilitating, preserving, developing or constructing affordable housing in compliance
with State law.
. Providing the opportunity for owners and tenants presently located in Merged Area A to
participate in redevelopment projects and programs, and extending preferences to
occupants to remain or relocate within the redeveloped Merged Area A.
. Providing relocation assistance to displaced residential and nonresidential occupants, if
necessary
. Facilitating the development or redevelopment of land for purposes and uses consistent
with the 2010 Merged Plan
. Providing incentives for property owners, tenants, businesses, and residents to
participate in improving conditions throughout Merged Area A
. Acquiring real property by purchase, lease, gift, grant, request, devise or any other
lawful means, including by eminent domain, unless specifically exempted, after the
conduct of appropriate hearings
. Combining parcels and properties where and when necessary.
. Preparing building sites and constructing necessary off-site improvements
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. Acquiring, installing, developing, constructing, reconstructing, redesigning, planning,
. Replanning, or reusing streets, curbs, gutters, sidewalks, traffic control devices, utilities,
flood control facilities and other public improvements and public facilities.
. Providing additional parking throughout the Merged Area A.
. Providing for open space.
. Managing property owned or acquired by the Agency.
. Assisting in procuring financing for the construction of residential, commercial, and
office buildings to increase the commercial base and enhance the residential
neighborhoods of Merged Area A, and increase the number of temporary and
permanent jobs in the City.
. Disposing of property including, without limitation, the lease or sale of land at a value
determined by the Agency for reuse in accordance with the 2010 Merged Plan.
. Establishing controls, restrictions or covenants running with the land, so that property
will continue to be used in accordance with the 2010 Merged Plan.
. Vacating or abandoning streets, alleys, and other thoroughfares, as necessary, and
dedicating other areas for public purposes consistent with the objectives of the 2010
Merged Plan.
. Providing replacement housing, if any is required.
. Applying for and utilizing grants, loans and any other assistance from federal or State
governments, or other sources.
. Taking actions the Agency determines are necessary and consistent with State, federal
and local laws to make structural repairs to buildings and structures, including historical
buildings, to meet building code standards related to seismic safety.
. Taking actions the Agency determines are necessary and consistent with State, federal
and local laws to remedy or remove a release of hazardous substances on, under or
from property within Merged Area A or to remove hazardous waste from property.
. Preparing and carrying out plans from time to time for the improvement, rehabilitation,
and redevelopment of blighted areas and creating a variety of economic development
programs which will help build a stronger economic base within Merged Area A.
. Assisting businesses in Merged Area A with sign and facade improvements and general
rehabilitation by providing loans and grants.
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. Adopting specific design guidelines for projects to ensure a consistent design theme
which will guide rehabilitation, new development, developers, architects, and builders.
. Developing programs to assist owners in Merged Area A with the preservation and
rehabilitation of historically significant buildings and sites.
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3.11
STATEMENT OF OVERRIDING CONSIDERATIONS
INTRODUCTION
The California Environmental Quality Act (CEQA) and the CEQA Guidelines provide in part the
following:
a) CEQA requires that the decision maker balance the benefits of a Proposed Project
against its unavoidable environmental risks in determining whether to approve the
project. If the benefits of the Proposed Project outweigh the unavoidable adverse
environmental effects, the adverse environmental effects may be considered
"acceptable."
. b) Where the decision of the public agency allows the occurrence of significant effects that
are identified in the General Plan EIR but are not mitigated, the agency must state in
writing the reasons to support its action based on the General Plan EIR and/or other
information in the CEQA Guidelines Section 15091 (a)(2) or (a)(3).
c) If an agency makes a statement of overriding considerations, the statement should be
included in the record of the project approval and should be mentioned in the Notice of
Determination (CEQA Guidelines Section 15093).
The Commission, having reviewed and considered the information contained in the Final
Program EIR for the Proposed Project, Responses to Comments and the public record, has
adopted, by resolution, the following Statement of Overriding Considerations that have been
balanced against the unavoidable adverse impacts in reaching a decision on this Project.
SIGNIFICANT UNAVOIDABLE IMPACTS
Although all potential Project impacts have been substantially avoided or mitigated as described
in the preceding findings, there is no complete mitigation for the following Project impacts:
. Traffic (project impacts, cumulative project impacts)
. Air Quality (short-term construction emissions, long term mobile and stationary source
emissions, cumulative project emissions)
Details of these significant unavoidable adverse impacts were discussed in the San Bernardino
Merged Area A - Merger and Amendments Program EIR and are summarized, or were
otherwise provided in Section 3.8, Effects Which Remain Significant and Unavoidable in the
Final Program EIR After Mitigation and Findings, in the Statement of Facts and Findings.
OVERRIDING CONSIDERATIONS
To the extent that the significant effects of the Project are not avoided or substantially lessened
to below a level of significance, the Commission, having reviewed and considered the
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information contained in the San Bernardino Merged Area A - Merger and Amendments
Program EIR and the public record, and having balanced the benefits of the Project against the
unavoidable effects which remain, has found and determined that such unmitigated effects to
be acceptable in view of the following overriding considerations:
1. Project implementation would contribute to further the long-term goals and
objectives established for the Redevelopment Plan (existing and as amended) within
Merged Area A.
2. Project implementation would provide additional opportunities for the City to
implement the goals, objectives, and/or policies identified by the 2005 General Plan.
3. Project implementation would allow for Agency action within Merged Area A to
promote and facilitate the revitalization, rehabilitation and redevelopment of Merged
Area A, through the implementation of a variety of programs and projects including
public facility improvements, circulation improvements, economic development and
business retention, housing rehabilitation and affordable housing projects, and
community beautification and visual blight removal. Additionally, general
redevelopment program and project activities may be undertaken by the Agency in
its efforts to eliminate blight and blighting conditions including development,
rehabilitation, housing, and relocation assistance.
4. Project implementation would provide the Agency with the authority to rehabilitate
neighborhoods or develop economic incentive programs that would benefit and
encourage other redevelopment activities within Merged Area A.
5. Project implementation would allow for redevelopment authority and financial
mechanisms within Merged Area A to correct existing adverse conditions, which if
not corrected may further contribute to the decline of the area, potentially affecting
deleteriously physical and economic conditions in surrounding areas as well.
6. Project implementation would allow for Agency activity in Merged Area A to fund the
needed infrastructure and public improvements that would provide incentives for
increased public investment.
7. Project implementation would provide the Agency with the authority to use economic
development tools of redevelopment within Merged Area A to encourage private
owners or investors to correct or rehabilitate existing adverse environmental
conditions, such as, but not limited to deteriorated and dilapidated structures,
brownfields and other contaminated or potentially contaminated sites, and non-
conforming, both legal and illegal, properties that do not meet current development
standards or health and safety standards in the uniform codes.
Although significant impacts will remain, the Commission will mitigate any significant adverse
impacts to air quality and traffic to the maximum extent practicable. In its decision to approve
the Project, the Commission has considered the Project benefits to outweigh the environmental
impacts.
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3.12
ADOPTION OF MITIGATION MONITORING AND
REPORTING PROGRAM FOR THE FINAL PROGRAM
EIR MITIGATION MEASURES
Public Resources Code Section 21081.6 requires the Commission to adopt a monitoring or
reporting program regarding the changes in the Proposed Project and mitigation measures
imposed to lessen or avoid significant effects on the environment. The Mitigation Monitoring
and Reporting Program included in the Final Program EIR has been adopted by the
Commission and has found that such program satisfies CEQA's mitigation monitoring
requirements:
1. The Mitigation Monitoring and Reporting Program is designed to ensure compliance
with the changes in the Project and mitigation measures imposed on the Project
during project implementation, and measures to mitigate or avoid significant effects
on the environment are fully enforce able through permit conditions, agreements, or
other measures.
OCTOBER 2010
74
Statement of Facts and Findings
Statement of Overriding Considerations
CDCj2010-66
1
2
Exhibit "B"
3
Mitigation Monitoring and Reporting Program
4
5
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16
P:'Agenctas"ResolutionsResolutions.2010 12-06-10 Merged Area A Program FIR. CDC Reso Con't.doc
CDC/2010-66
San Bernardino Merged Area A - Merger and Amendments
Environmental Impact Report
12.0 MITIGATION MONITORING AND
REPORTING PROGRAM
Sections 1.0 and 5.0 of this EIR identify the mitigation measures that will be implemented to
reduce the impacts associated with the San Bernardino Merged Area A - Merger and
Amendments project. The California Environmental Quality Act (CEQA) was amended in 1989
to add Section 21081.6, which requires a public agency to adopt a monitoring and reporting
program for assessing and ensuring compliance with any required mitigation measures applied
to proposed development. As stated in Section 21081.6 of the Public Resources Code,
. . . the public agency shall adopt a reporting or monitoring program for the changes to
the project which it has adopted, or made a condition of project approval, in order to
mitigate or avoid significant effects on the environment.
Section 21081.6 provides general guidelines for implementing mitigation monitoring programs
and indicates that specific reporting and/or monitoring requirements, to be enforced during
project implementation, shall be defined prior to final certification of the EIR.
The mitigation monitoring table below lists those mitigation measures that may be included as
conditions of approval for the proposed Project. These measures correspond to those outlined
in Section 1.0 and discussed in Section 5.0. To ensure that the mitigation measures are
properly implemented, a monitoring program has been devised which identifies the timing and
responsibility for monitoring each measure. The applicanUdeveloper of specific future projects
will have the responsibility for implementing the measures, and the Redevelopment Agency of
the City of San Bernardino and the various departments will have the primary responsibility for
monitoring and reporting the implementation of the mitigation measures.
FINAL. AUGUST 11,2010
12-1
Comments and Responses
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