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05.C Community Development
RESOLUTION 2013-34 DOC ID: 2256 G a-- CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Public Hearing From: Margo Wheeler M/CC Meeting Date: 03/04/2013 Prepared by: Tony Stewart, Dept: Community Development Ward(s): 5 Subject: Resolution of the City of San Bernardino Adopting the Facts, Findings and Statement of Overriding Considerations, Certifying the Final Environmental Impact Report, Adopting the Mitigation Monitoring and Reporting Plan, Adopting the Spring Trails Specific Plan No. SP10- 01, Adopting General Plan Amendment No. GPA 02-09 Including Pre-Annexation of the Spring Trails Project Site, Approving Tentative Tract Map (TTM) No. 15576 (Subdivision No. 02-09) and Authorizing Execution of Development Agreement No. 11-0 1 for the Spring Trails Project; and an Ordinance Adopting Development Code Amendment No. DCA 12-10 to Add the Spring Trails Specific Plan to the List of Special Purpose Districts and Recognize the Specific Plan's Development Standards. (FINAL READING) Current Business Registration Certiflcate: Not Applicable Financial Impact: The project site is currently located in the County of San Bernardino's jurisdiction,within the City's sphere of influence. Therefore, the site, and adjacent 26.4 acres,must be annexed into the f City. Should annexation occur,the City will be responsible for maintaining the infrastructure associated with the newly annexed area(streets,water and sewer lines, etc.), as well as provide serivices(police, fire,parks),which may have a direct impact upon the General Fund. Motion: Adopt the Ordinance. Synopsis of Previous Council Action: None. Background: PROJECT DESCRIPTION The applicant requests approval of the following: Specific Plan (SP) No. 10-01 under the authority of Development Code Chapter 19.64, to establish development standards specifically for development of 304 single-family lots, 107.8 acres of open space, hiking trails, roadways and three detention basins on the 352.8-acre project site formerly known as the Martin Ranch(Attachment 9); General Plan Amendment (GPA) No. 02-09 under the authority of Development Code Chapter 19.50, to establish the Spring Trails Specific Plan as the pre-zoning for the 352.8-acre project site and establish the Residential Estate (RE) land use district for the additional 26.4-acre annexation area, Updated:2/25/2013 by Linda Sutherland G 2256 E Development Code Amendment(DCA)No. 12-10 under the authority of Development Code Chapter �. 19.42, to add the Spring Trails Specific Plan to the list of Special Purpose Districts contained within Section 19.10.030,to recognize the Spring Trails Specific Plan and its unique development standards (minimum lot size, hillside standards, fire protection standards) as deviations from the typical Development Code standards and as standards that are applicable only to the Spring Trails Specific Plan project area. Tentative Tract Map No. 15576 (Subdivision No. 11-01)under the authority of Development Code Chapter 19.66 to subdivide the 352.8-acre site into 304 single-family lots plus parcels for common open space,water tanks, etc.(Attachment 5); and Development Agreement (DA) No. 11-0 1 (Attachment 10) under the authority of Development Code Chapter 19.40, to set forth binding development agreements between the City and the applicant. The Spring Trails project site is currently within the City of San Bernardino's unincorporated sphere of influence ("SOI") and is proposed to be annexed into the City. The project also includes the annexation of an adjacent 26.4-acre area consisting of six parcels owned by various property owners. The area is adjacent to the west of the project site along Meyers Road and currently has four occupied, multiple-acre lots. It is being included in the annexation element of the project to prevent the creation of a county"island" within the City of San Bernardino, which would not be allowed under regulations governing the Local Agency Formation Commission of San Bernardino County. A land use proposal has not been submitted for this 26.4-acre area, and it is not owned or otherwise under the control of the applicant. For these reasons, no development would occur on these parcels as part of this project. The Spring Trails Specific Plan and Tentative Tract Map No. 15576 will accommodate 304 single-family detached units (303 new units and one existing residence), separated by open space corridors, drainage ways, roadways, and sloped areas. A system of pathways will connect the residences with neighborhood parks and natural open spaces. Development will be focused onto approximately 241.5 acres, or about 68 percent of the total site, and will include nine acres of parks and 125.1 acres of internal slopes and fuel modification zones. The remaining 32 percent of Spring Trails will be preserved as natural open space. If the project is approved by the City, the applicant will then submit an application with the Local Agency Formation Commission (LAFCO) to annex the subject 352.8-acre Spring Trails Specific Plan project area and the adjacent 26.4-acre area to the immediate southwest of the site into the City. Further, should the project be approved and annexed, the applicant would come back at a later date to process a Development Permit for the design of the on-site improvements (residential units,parks),per the standards set forth in the Spring Trails Specific Plan. It is anticipated that the project will be phased, with complete buildout anticipated to occur within approximately three years from the start of construction. This phasing, however, is based on a judgment of future planning and market factors, and therefore is subject to change. The project,however, would be developed in the following sequence: Phase 1 (approximately one year) Updated:2/25/2013 by Linda Sutherland G Packet Pg. 53 2256 • Offsite grading and improvement of the primary and secondary access roads; • Offsite backbone utilities(water, sewer, drainage, etc.); • Onsite backbone utilities; • Rough grading of Spring Trails Project site (approximately 200 acres) for development of residential lots,roadways, trails, detention basins, and parks; and • Detention basins improved. Phase 2 (approximately 2.5 years) • Residential development would sequence from the south and continue northward. Infrastructure, roadways, fuel modification zones, parks, and landscaping necessary to serve residential development would be phased accordingly; • Improvements in this phase would generally follow the sequence of water improvements, which are divided into three pressure zones; • Sewer, storm drain, dry utilities, and roadway paving would be sequenced with improvements in each water pressure zone; • Trails,parks, and common area landscaping in each pressure zone would occur prior to or concurrent with issuance of residential building permits for that pressure zone; and • Fuel modification zones necessary to support the development in each zone would occur as noted in the Fire Protection Plan. SETTING/SITE CHARACTERISTICS The project site is located in the unincorporated area of Verdemont in San Bernardino County, north of Meyers Road and northwest of the northerly terminus of Little League Drive, in the City's sphere of influence. The site is surrounded by natural open space on all sides, with rural, single-family properties also located to the south and west. The site is located on slopes ranging from nearly flat to over 30 percent. Cable Creek traverses the north-central portion of the site, and the Meyers Canyon drainage traverses the center of the site. Cable Creek and its northern tributary provide a year-round source of water and a wildlife corridor across the site. Branches of the San Andreas Fault traverse the southern and northern portions of the site. A 112kv electric transmission line traverses the entire western portion of the site in a north-south direction. Currently, there is no infrastructure serving the site. Primary access is proposed from an extension of Verdemont Drive to Little League Drive. Required secondary access is proposed via a new right-of-way that will run from the southwestern portion of the site southward to Interstate 215. The applicant has not acquired all of the properties for either the primary or secondary access routes to the site. This issue is discussed in detail within the analysis,below. As the project is currently located in an unincorporated part of San Bernardino County, it is subject to the County's zoning. Additionally, since the site is located within the City's sphere of influence, it is designated by the City's General Plan as being Residential Estate (RE - one-acre minimum lot size) and within the Verdemont Heights Area Plan, which calls for large-lot single- family residences and a rural character. Table 1, below, depicts the existing land use and General Plan land use designations of the site and surrounding properties. TABLE 1: SITE AND SURROUNDING LAND USES Updated:2/25/2013 by Linda Sutherland G Packet Pg. 54 2256 LOCATION LAND USE GENERAL PLAN Subject Site Natural open space and a single- Existing County: Resource family residence Conservation(RC) and Rural Living, 5-ac. min. Lot size(RL-5) Existing City: Verdemont Heights Area Plan Proposed City: Spring Trails Specific Plan Overlay and maintain Residential Estate(RE) (for the 26.4 acres located outside of the Spring Trails Specific Plan area North Natural op space RC and RL-5 (County) South Single-family residences and Single Residential, 1-ac. min. Lot natural open space size(RS-1) (County), and RE (City) East Natural open space RC (County), and Residential Low (RL) and RE (City) West Single-family residence and RL-5 (County), and RE (City) natural open s ace PROJECT HISTORYBACKGROUND To 1917 -The property was owned by the Martin family and known as Cable Canyon Ranch. 1943 - The U.S. Government used a portion of the property as a small arms target range in conjunction with the nearby Camp Ono. May 1, 1990 - Montecito Equities(applicant)purchased property. September 1996 - The project site was placed in the City of San Bernardino's Sphere of Influence. 1996-Applications for the"Martin Ranch"Project entitlements were first submitted to the City 1998 - A Notice of Preparation ("NOP") for an EIR was first released; and a public scoping meeting was held in April 1998. However, the 1998 Draft EIR was rejected by the City's Planning Department due to certain deficiencies. December 2, 2002 - The formal application for GPA 02-09 and TTM 15576 (Sub. No. 02-09) is filed. December 2002 - A revised draft EIR was released; comments to the 2002 draft EIR focused on nearby neighbors' concerns regarding traffic, and based on these comments, a decision was made to revise and recirculate the EIR. The City and applicant agreed to reform the plan to create an access point along a different route than Meyers Road. Updated:2/25/2013 by Linda Sutherland G Packet Pg. 55 2256 October 2003 - While the applicant and the City were negotiating a new route for the primary access point to the project site, a major fire burned through the project site, destroying the �- vegetation. Due to the changes in the road and the project site, the applicant and the City agreed to prepare a new Draft EIR. June 10, 2004 - A Notice of Preparation (NOP) reflecting the revised project was issued, and a public scoping meeting was held on June 30, 2004. The 2004 draft EIR addressed traffic/access input, as well as other issues necessitated by the passage of time and change in the development landscape,but was never circulated for public review. The necessary approvals contemplated in 2004 included: 1) a General Plan Amendment to allow the pre-zoning of the project site and adjacent county property, establishment of a Hillside Management Overlay District, and to allow lot size averaging in the Residential Low District; 2) pre-zoning of the Martin Ranch property to a Planned Residential Development District; 3) annexation by the City; 4) creation of a Hillside Management Overlay District ("HMOD"); and 5) a Tentative Tract Map to subdivide the project site into approximately 359 lots including 330 single-family residential lots. 2005 - The necessary project approvals were revised to include pre-zoning the Martin Ranch property to Residential Low; pre-zoning the "County island" property to Residential Estate; and a Development Code Amendment to allow lot size averaging in the HMOD. A Development Agreement with the City was also proposed to control the development of the Martin Ranch site, with a land use plan, design guidelines, development standards, and a description of off-site improvements, as well as a reimbursement provision for costs of offsite improvements advanced by the developer that exceeded the fair share contribution of the project. A new Draft EIR was prepared in 2005 to address significant changes to the project, including alternate access roads; change in lot sizes; new project objectives; and increased traffic improvement costs. In sum, five versions of a screencheck DEIR were prepared. September 1, 2005 -the San Bernardino Design and Environmental Review Committee (D/ERC) reviewed the Martin Ranch Draft EIR, and determined that additional information and analyses would be necessary before the Draft EIR could be released for public review. July 17, 2006 - The City released a completed Draft EIR. Significant issues were raised within comment letters received, and the City and applicant decided to direct that a revised Draft EIR be prepared to address these comments, primarily related to noise, air quality, biological resources, geotechnical and fire safety issues. 2007 - Work continued on a revised Draft EIR, but another fire on the site occurred in 2007, necessitating further project changes. June 11, 2009 - The D/ERC released the preparation of the Initial Study for review. November 19, 2009 - The project was reviewed again by the D/ERC,which recommended that a new NOP for an EIR be released for public review. QNovember 24, 2009 - The NOP was released for public review, along with an Initial Study. Updated:2/25/2013 by Linda Sutherland G Packet Pg. 56 2256 December 14, 2009 -A public scoping session was held to obtain comments on the Initial Study. March 3, 2010 -The formal application for SP 10-01 is filed. July 14, 2011 - Due to significant technical issues,which needed to be addressed,the D/ERC did not approve the release of the revised Draft EIR until this date. July 26, 2011 - Community meeting to discuss the project and the Draft EIR public review period. July 29, 2011 through September 12, 2011 - The 45-day public review period for the revised Draft EIR occurred. Comments from the following agencies and organizations were received: California Department of Fish and Game; California Department of Transportation; California Regional Water Quality Control Board; Center for Biological Diversity; County of San Bernardino Department of Public Works; Department of the Army Corps of Engineers; Devore Rural Protection Association; Local Agency Formation Commission; Native American Heritage Commission; Omnitrans; San Bernardino Audubon Society; and the South Coast Air Quality Management District; plus comment letters from 40 individuals, many of whom reside or own property in the project vicinity. September 5, 2011 (approx. date) - a non-City-sponsored community meeting was held to discuss the project impacts. (� October 10, 2011 -The formal application for DA 11-01 is filed. v May 3, 2012 - The D/ERC met on the revised project and recommended that the project and EIR be forwarded to the Planning Commission for action. October 18, 2012 - A community meeting was held to present the latest version of the proposed project to the public. October 29,2012 - The formal application for DCA 12-10 is filed. November 1, 5 and 6,2012 -Revised exhibits and documents were submitted. November 14, 2012 - the Planning Commission held a public hearing on all of the Spring Trails project components except for DA 11-01, which the applicant requested to be continued. After considering the Facts and Findings in the staff report and hearing public testimony, the Planning Commission recommended denial of the project to the Mayor and Common Council by a vote of 7:0 (with one abstention). January 23, 2013 - the Planning Commission held a public hearing on DA 11-01, which the applicant requested to be continued from the November 14, 2012 Planning Commission meeting. After considering the Facts and Findings in the staff report and hearing public testimony, the Planning Commission recommended denial of the DA to the Mayor and Common Council by a © vote of 5:2. Updated:2/25/2013 by Linda Sutherland G Packet Pg. 57 a s 1, 2256 Analysis: This analysis focuses on the following key issues regarding the Spring Trails project: • Deviation from Development Code standards (minimum lot size and Foothill Fire and Hillside Management Overlay District standards); • The site is located in a Very High Hazard Severity Zone for fires; • The site is located in a high wind area; • The San Andreas Fault traverses the site in several locations; • Water drainage courses, including Cable Creek and its tributaries, traverse the site in several locations; • The drainage courses and adjacent forest lands are important habitat areas; and • Infrastructure, including primary and secondary access to the site, is not currently provided. These items are discussed in more detail below. As noted above, the northernmost 160 (approximate) acres of the Spring Trails Specific Plan area is currently designated by the San Bernardino General Plan as Resource Conservation (RC) and the remainder is designated as Rural Living, five-acre min. Lot size (RL-5), while the San Bernardino General Plan designates the entire project area as Residential Estate (RE), which calls for a minimum lot size of one acre and as being within the Verdemont Estates portion of the Verdemont Heights Area Plan. The Specific Plan proposes an average lot size of 29,000 square feet. The largest lots are proposed on the northern portion and upper elevations of the site, and the largest lot will measure 18.3 acres. The smallest lots are proposed on the lower elevations and southern portion of the project, and the smallest lot will measure 10,801 square feet. In many instances the legal lots will extend beyond the buildable area and include graded slopes, fuel modification zones, steep slopes, and open spaces. It should be noted that while the minimum one-acre lot size will not be provided for each lot, the proposed lots are clustered into the least steep portions of the site, resulting in minimum lot sizes under one acre. However, on a gross basis, the project still complies with the density restrictions of the Residential Estate land use category in that 307 units are proposed on 352.8 acres. Tentative Tract Map No. 15576 is proposed to subdivide the Spring Trails project site into the 304 single-family residential lots and the lots for parks and open space and water tanks within the project area. The project as proposed will not comply with the Development Code regarding minimum lot size and standards pertaining to the Foothill Fire and Hillside Modification Overlay District. Therefore, the Spring Trails Specific Plan is proposed to establish development standards that are unique to the project area, rather than strictly adhering to the standards set forth in the San Bernardino Development Code. In addition to establishing a minimum lot size of 10,081 square Updated:2/25/2013 by Linda Sutherland G Packet Pg. 58 2256 feet for the project area (vs. The current minimum size requirement of one acre), the Spring Trails Specific Plan also proposes standards that deviate from, although generally maintain the intent of, the Foothill Fire Zones (FF) Overlay and Hillside Management (HMOD) Overlay Districts. Table 2, below, provides a comparison of the Specific Plan's proposed standards with the Development Code's standards. TABLE 2: COMPARISON OF SPRING TRAILS SPECIFIC PLAN WITH HMOD SBDC Requirement(FF and HMOD Spring Trails Specific Plan Overlay Districts The maximum density on any parcel shall not The average slope of the project, calculated exceed: Average Slope(%) -Units Per Acre 0 from Lot 1 to Lot 296 is 11.6%. Per the to 15 -2.0 15+to 25 - 1.0 25+to 30-0.5 30+ HMOD,this allows a density of up to 2 and above-0.1 DU/Ac. The proposed project calls for 304 units on 352.8 acres for an overall density of .86 DU/Ac. MINIMUM PARCEL SIZE No absolute The minimum parcel size will be 10,801 minimum parcel size,widths and depths are square feet. specified. SETBACKS Front, side, and rear setbacks Front: 15 feet Side: 10 feet Street Side: 10 feet shall be determined based upon the precise Rear: 15 feet From Fuel Mod. Zone: 25-50 development plan and environmental studies feet and in conformance with FF (Foothill Fire Zones) Overlay requirements. .. BUILDING HEIGHT Applicable only to in-fill Not applicable; however,the maximum height single family residential construction of more will be 35 feet. than 1 story on existing lots of record, if there is a grade separation of more than 8 feet and less than 20 feet between the average level of the lot proposed for construction and the immediately uphill lot. INGRESS AND EGRESS A tentative tract or In compliance. The primary access road will parcel map shall provide for at least 2 different have a 34' paved width and the secondary standard routes for ingress and egress. access road will have a 24' paved width. Standard ingress/egress road is a route which is dedicated to the City and has a minimum paved width of 24 feet. Streets in this overlay district shall conform to A. Primary Access Road(Verdemont Drive) the following standards: A. Local hillside street -This matches the road section approved from standards shall be used to minimize grading Little League Drive to just east of the project and erosion potential while providing adequate boundary. 34' paved width in 50' right-of-way access for vehicles, including emergency (R/W) Max. Slope of 12% Secondary Access vehicles. The right-of-way shall be 48.5 feet Road 24' paved width in 50' RIW Max. Slope with 40 feet of paved width and parking on of 12% Primary Local Street-This section both sides and a sidewalk on 1 side. B. Streets matches or exceeds the above requirements. shall have a paved width of 32 feet with 40' paved width in 50' R/W Max. Slope of ® parking and sidewalk on 1 side of the street 12% B. Secondary Local Street-The Updated:225/2013 by Linda Sutherland G Packet Pg. 59 2256 only and right-of-way 40.5 feet, subject to proposed R/W is 0.5' less than the above review and recommendation by the Fire Chief standard. 32' paved width in 40' R/W. The `�•r and the City Engineer,with approval by the proposed street section is short by 0.5' Commission. C. Grades of streets in the Sidewalk on 1 side of the street Max. Slope of hillside management areas shall be as provided 12% Cul-De-Sac I -This section exceeds the in this subsection,unless otherwise approved standards above,with sidewalk on 2 sides. 36' in writing by the Public Services,Fire, and paved width in 46' R/W. This section exceeds Public Works Departments. Hillside collector the HMOD standard Sidewalk on both sides of and arterial street shall not exceed 8%. Hillside the street Max. Slope of 8% Cul-De-Sac II- residential local streets shall not exceed 15%. The proposed R/W is 0.5' less than the above D. Minimum horizontal curve of streets shall standard. 32' paved width in 40' R/W. The be in accordance with Caltrans computational proposed street section is short by 0.5' methods using design speed estimated by the Sidewalk on 1 side of the street. Max. Slope of Public Works Department. E. One way streets 9% C. The Primary Access Road is at 12% may be permitted where it can be shown that max, greater than the 8%per this standard. they reduce the overall amount of cut and fill The Secondary Access Road is at 12%max, required. F. Cul-de-sacs to a maximum of 750 greater than the 8%per this standard. All other feet in length may be permitted with a streets within the map boundary are residential maximum of 30 dwelling units, and to a streets, and the max. Grade is 12%, less than maximum of 1,000 feet in length with a the 15%permitted per this standard. D. The maximum of 20 dwelling units and shall Primary Access road and all internal streets terminate with a turnaround area not less than comply with this. The Secondary Access 40 feet in radius to curb face. G. Sidewalks on Road will have measures implemented to only 1 side of a street may be permitted in account for the tight curves, in cooperation hillside areas subject to the approval of the with the Public Works Department. E. No City Engineer. H. All other street one-way streets are proposed. F. All cul-de- improvement standards shall conform to the sacs on the map comply with the above standard plans and specifications of the City standards. G. Street sections comply with the Engineer. street standards in the HMOD, and sidewalks on 1 side of the street where streets have lots only on 1 side of the street. H. The primary and secondary access road sections have been coordinated with the Public Works Department. SOILS/GRADING A. Grading of any site shall A. The average existing slope across the conform to the following grading standards, project is 11.6%. Per the grading criteria, based upon the percent of the natural slope. redistribution of earth is permitted. B 1. The City Engineer shall review and make The entire site will be graded. At the project recommendation to the Planning Commission limits,the site will be blended into the existing on the proposed grading. 1. 0 - 15%. topography. B2. Grading has been conducted Redistribution of earth over large areas may be to protect existing major drainage permitted. 2. 15+-25%. Some grading may courses/canyons. C. The slopes will be occur, but landforms must retain their natural protected through acceptable measures as character. Padded building sites may be approved by the Public Works Department. D. allowed,but custom foundations, split level There are no proposed slopes greater than 2:1. designs, stacking and clustering is expected to Terraces are provided as required for slopes ® mitigate the need for large padded building over 30' in height. Updated:2/25/2013 by Linda Sutherland G Packet Pg. 60 5.0 2256 areas. 3. Limited grading may occur,however, major topographic features shall retain their natural landforms. Special hillside architectural and design techniques are expected in order to conform to the natural land form,by using techniques such as split level foundations of greater than 18 inches, stem walls, stacking and clustering. 4. Greater than 30%. Development and limited grading can only occur in this category if it can be clearly demonstrated that safety, environmental, and aesthetic impacts will be avoided. Use of larger lots, variable setbacks and variable building structural techniques such as stepped or pole foundations are expected. Structures shall blend with the natural environment through their shape,materials and colors. Impact of traffic and roadways is to be minimized by following natural contours or using grade separations. B. Grading shall be designed to: 1. Conserve natural topographic features and appearances by means of land sculpturing to blend graded slopes and benches with natural topography. 2. Retain major natural topographic features such as canyons and prominent landmarks. C. All graded areas shall be protected from wind and water erosion through acceptable slope stabilization methods such as planting,walls, or netting. Interim erosion control plans shall be required, certified by the project engineer, and reviewed and approved by the Public Works Department. D. Slopes created by grading the site shall not exceed 50 percent or 2:1,without a soils report and stabilization study indicating a greater permissible slope; or shall not exceed 30 feet in height between ten-aces or benches; except that the Planning Commission may permit slopes exceeding these dimensions where the slopes will result in a natural appearance and will not create geological or erosion hazards. FIRE SAFETY All developments in this 1. The comparison of the Specific Plan's overlay zone shall comply with the standards proposed standards with the street design of the FF (Foothill Fire Zones) District. The standards for the HMOD and FF Districts is standards cover such items as,but not limited provided above. 2. The project will be © to: 1. Street standards shall be the same as required to comply with the driveway Updated:2/25/2013 by Linda Sutherland G Packet Pg. 61 2256 those in the HMOD standards (discussed standards set forth in the Development Code. above)2. Driveways to residential garages 3. The Fire Plan in the Specific Plan more than 30 feet in length are limited in their (beginning on page 3-53)provides standards grades based on length,with no portion of a for markers (figure 3.26). 4. The Fire Plan in driveway exceeding a grade of 15%unless the Specific Plan sets forth a landscaping plan approved by the Fire Chief and City Engineer. for the project, including roadside vegetation. 3. Street markers and addresses shall be 5. The Water Plan in the Specific Plan (Table provided. 4. All roadside vegetation shall be 3.9) indicates a minimum of 1,500 gallons per maintained and dead vegetation removed. 5. minute (gpm)will be provided(this will be in Hydrants shall be provided,marked, and be addition to the maximum daily demand if 254 visible with clear access. A minimum of two gpm, for a total of 1,750 gpm). Hydrants will hose spigots facing the foothills/wildlands shall be required to be installed to meet be provided per house. The minimum fire flow Development Code standards. 6. The project shall be 1,000 gallons per minute. 6. All fills applicant will be required to submit erosion shall be compacted. Erosion and drainage and drainage control plans per Development control plans must be approved prior to permit Code Standards. The Fire Plan and Landscape issuance, and the cut and fill slopes shall be Plan in the Specific Plan sets forth standards landscaped with fire resistant vegetation. 7. for landscaping of the project, including listing Structures shall conform to fire zone standards plant species for the different landscape zones and be constructed of fire-resistant materials. 8. on the site. 7. The Fire Plan in the Specific Structures shall be set back from steep slopes Plan sets forth standards for the use of fire- or slopes over 30 feet in height at least 30 feet. resistant building materials and installation of Structures shall be located only where the fire sprinklers in all of the project's structures. upgraded slope is 50%or less. 9. Structures 8. The Specific Plan requires that buildings be in narrow canyon mouths or ridge saddles must set back a minimum of 25 to 50 feet from be approved by the City Engineer and Fire natural areas. 9. Structures are not proposed on Department. 10. A fuel modification plan is ridgelines, and all of the lots, except lots 30 required. 11. All proposed parcel lines must be and 233 have been approved in concept for placed at the top of slope. 12. Future future development by the Fire Department. purchasers shall be advised of the fire hazard 10. The Fire and Landscape Plans set forth designation applicable to the property. 13. standards for landscaping in the fuel Fuel modification zones shall be maintained modification areas. 11. The project will be when required through homeowners' conditioned to place all property lines at the associations, assessment districts, or other top of slope. 12. The project will be means. conditioned to require that the project CC&Rs include a disclosure statement of the applicable fire hazard zones on-site. 13. The Specific Plan sets forth standards for on-going maintenance of the fuel modification zones and other on-site improvements. GEOTECHNICAL 1. Any subdivision within In compliance. Per page 3-75 of the Specific the Alquist-Priolo "Special Studies Zone" shall Plan: Due to the potential seismic and geologic conduct a geologic study in conformance with hazards,proposed development in Spring the requirements of the Zone. This study shall Trails is subject to the following: ■ All be prepared by a certified engineering structures in Spring Trails shall be required to geologist. 2.No structure for human meet or exceed the applicable seismic design I occupancy shall be permitted within 50 feet of standards of the California Building Standards Updated:2/25/2013 by Linda Sutherland G Packet Pg. 62 2256 an active or potentially active fault trace. Code, which correspond to the level of seismic Sensitive and high occupancy structures as risk in a given location. ■ Construction of defined in the General Plan shall maintain a habitable buildings shall not occur over or minimum 100 foot setback. 3.No emergency within 50 feet of any known active fault or as facilities, community facilities, or places of required by the geotechnical analyses. ■No general public assembly(not including open water reservoir or booster pump station shall space areas) shall be permitted within the be constructed within 15 feet of an active fault. Alquist-Priolo Zone. 4. All structures within ■ Grading for building pads and roads shall the trace shall require the seismic features of conform to specifications of the geologist, the structure to be reviewed and approved by a based on a soils study and final geotechnical professional engineer specializing in study. ■ Flexible materials and joints shall be seismic/structural design. 5. The Building used for infrastructure (e.g.,roads, sewer and Official may require special construction water lines) located across known faults. ■ methods of structures where it has been Flexible pipe fittings shall be used to avoid gas determined to have potential geologic hazards. or water leaks. Flexible fittings are more 6. A statement shall be included at the time of resistant to breakage. ■ The final project purchase agreement and at the close of escrow grading plan shall be reviewed by the City to the purchaser of each lot within the geologist. Project shall be required to comply development,which informs the prospective with provisions of the Alquist-Priolo Act with owner of the potential for seismic activity, and regard to any required studies or notice as the the potential hazards. Project is not exempted therefrom. WATER/DRAINAGE A. On-site catch basins The maximum pad coverage is proposed to be or siltation basins, as well as energy absorbing 50%. Proposed Drainage Facilities ■ Drainage devices,may be required as a means to prevent area A. Runoff in drainage area A is handled erosion as well as to provide for ground water from a combination of undisturbed recharge. B. Natural drainage courses should watercourses,detention basins,rain gardens, be protected from grading activity. C. Where and media filtration systems. ■ The significant brow ditches are required, naturalize with plant drainageways in the northern part of Spring materials and native rocks. D. Maximum Trails remain virtually untouched. The two coverage of a parcel by impervious surfaces forks of Cable Canyon will remain undisturbed shall not exceed 40%of the gross land area, through the Spring Trails site while the and such maximum may be reduced by the unnamed tributary,which enters the property Director in areas where the slope exceeds 15%. from the east as two drainages,remains undisturbed except for those portions flowing through culverts under two streets. ■ Drainage from a 35.6-acre developed area is routed into detention basin A,which is on the western edge of the site and discharges into Cable Canyon. ■ The flows from the areas north of Cable Canyon are not routed into a detention basin; instead, each residential lot will be designed with a rain garden to treat the flows on the residential lot. Media filtration devices will be used to treat the flows on the streets prior to discharging into Cable Creek. In all, 39.3 acres in the northern portion of the © project, including 15.1 acres of off-site Updated:2/25/2013 by Linda Sutherland G Packet Pg. 63 2256 drainage, are handled in this manner. ■ Drainage area B. Drainage area B is divided into two areas that handle flows from a developed area and an undeveloped area. ■ Drainage from a 21.8-acre, on-site, developed area is routed into detention basin B,which is located on the southwestern edge of the site and discharges into a natural flow line and ultimately into Cable Canyon. ■ Drainage from an undeveloped 17.5-acre area, which includes both on- and off-site lands, flows under a new street and is discharged into an existing flow line south of the site and ultimately into Cable Canyon. ■ Drainage area C. Drainage area C is a 209.8-acre area that includes both on- and off-site lands. ■ Drainage from a 96.8-acre, on-site, developed area drains into detention basin C,which is located in the southwestem corner of the project and eventually discharges into an unnamed flow line west of Meyers Creek and into Cable Creek. ■ Drainage from a 107.8- acre undeveloped, on- and off-site area flows south through a culvert under the primary access street. ■ Drainage area D. Drainage area D is made up of Meyers Canyon and its tributary areas along the southeastern edge of the site. This drainage area consists of a total of 339.3 on- and off-site acres (319.8 off-site acres and 19.5 undeveloped on-site acres). Drainage from this area flows through a culvert under the primary access street and eventually into Cable Creek. Brow ditches will be required to be constructed and treated per the HMOD standards. ANIMAL AND PLANT LIFE A. Areas of a In compliance. The Fire and Landscape Plans site which are identified in the environmental within the Specific Plan establish standards for study as having biological significance shall be preserving and protecting the wildlife corridors preserved, unless exempted by the Planning that traverse the site,by including standards Commission through the Conditional Use pertaining to landscaping on all portions of the Permit process. B. Natural vegetation shall be site(including standards for drought-tolerant, maintained wherever possible. If removal is native and fire-resistant plant materials), walls, required,reestablishment of a compatible plant and road crossings. material will be required at a ratio of at least 2:1. C. All exposed slopes and graded areas shall be landscaped with ground cover, shrubs, ® and trees. D. Existing mature trees shall be Updated:2/2512013 by Linda Sutherland G Packet Pg. 64 2256 incorporated into the project where feasible. E. Water and energy conservation techniques shall be utilized, such as special irrigation techniques (e.g., drip irrigation), drought tolerant plant species, alluvial rockscape, etc. F. Wherever possible, fire resistant native vegetation shall be preserved and planted. G. Introduction of landscaping within the hillside areas should make maximum use of texture, color, and be capable of blending in with the natural landscape, and help to soften the effects of buildings,walls,pavement, and grading. H. Screening along roadways should make maximum use of berming and landscaping but shall not interfere with sight distance. DESIGN A. Dwelling units and structures shall In compliance. Per Chapter 3, "Development be compatible with the natural surroundings of Standards" and Chapter 4, "Design the area and shall not dominate the natural Guidelines"of the Specific Plan,the following environment. B. Exterior finishes of dwelling will be required regarding the development of units and structures should blend in with the the Spring Trails project area. Garage natural surroundings by using earth tone colors Variation: To avoid the monotony of projects and avoiding reflective materials or finishes. that employ the same garage placement(e.g., C. Site design should utilize varying setbacks, all front-entry garages), a variety of garage building heights, innovative building placements and orientations is required. techniques, and building and wall forms which Standard garage placement is a front-loaded serve to blend buildings into the terrain. D. garage set in from the front property line. Dwelling units and structures shall be sited in a Alternative garage orientation and placement manner that will: 1. Retain outward views from are required on 33 percent of the units. Roll-up each unit; 2. Preserve or enhance vistas, garage doors with automatic openers are particularly those seen from public places; 3. required for all garages. The following are Preserve visually significant rock potential alternative garage placements: ■ outcroppings, natural hydrology,native plant Side-entry garages ■ Split garages ■ Garages materials,and areas of visual or historical in courtyards or driveways with a porte significance. E. The highest point of any cochere ■ Straight-in garages in rear two-thirds structure shall not be located above the of the lot Product Variation: Spring Trails will ridgeline. A ridgeline is a long,narrow, be attractive and visually interesting. conspicuous elevation which is visible north of Accordingly, single-family residential Highland Avenue, from a freeway,major neighborhoods will include a variety of arterial, secondary arterial, or collector street, product types and design styles. ■ There which forms part of the skyline or is seen as a should be a minimum of three different distant edge against a backdrop of land at least material and color palettes. No two single- 300 feet horizontally behind it. (See graphic.) family detached homes with identical color or 1. Use the natural ridgeline as a backdrop for materials palettes shall be adjacent to or structures; 2. Use landscape plant materials as directly across the street from one another. ■ a backdrop; and 3. Use the structure to There shall be a minimum of three maximize concealment of cut slopes. F. elevation/facade designs. No two homes with Retaining Walls/Fences 1. Retaining walls identical elevation/facade designs shall be Updated:2/25/2013 by Linda Sutherland G I Packet Pg. 65 2256 shall be used in the following manner: Upslope adjacent to or directly across the street from One wall per lot not exceeding 8 feet in one another. ■ There shall be a minimum of height. Downslope- One wall per lot not three primary roof materials and roof designs. exceeding 42 inches in height may be used. No two homes with identical roof designs and Lots sloping with the street of access or other materials shall be adjacent to or directly across conditions-One retaining wall on each side of the street from one another. ■ The height of the lot may be used not exceeding 42 inches in walls and fences shall be measured from the height. Retaining walls adjacent to driveways- top of the highest adjacent grade unless Walls being an integral part of the structure adjacent to a public right-of-way, in which case may exceed 8 feet in height if necessary. 2. the measurement shall be taken from the side Exposed retaining walls facing roadways shall of the public right-of-way. ■ Rear or side be no greater than 5 feet in height. 3. Where yards. The maximum height of walls and retaining walls face roadways,they shall be fences in the rear and side yards shall be 6 feet. faced with aesthetically pleasing materials ■ Front yard. The maximum height of walls (e.g.,rock facing). and fences located between the front property line and the nearest building wall (either garage or habitable structure) shall be 3.5 feet. Thereafter,the provisions for walls in rear and side yards noted above shall apply. ■ Walls and view fences shall be constructed as detailed in Figure 3.1,Wall Details, and as required by the Fire Protection Plan in Appendix C. ■ Barbed and razor wire,plain exposed concrete block, electronic fencing, and chain link are not permitted. Chain link may be used on a temporary basis at construction sites. Vinyl-coated chain link may be used as a fencing material for outdoor park facilities such as tennis courts, subject to approval of a Development Permit,per Section 19.44 of the San Bernardino Development Code. ■ All walls, fencing, or screening materials shall be maintained in a physical state consistent with the time of installation. Repair and/or replacement of damaged, defective, or severely weathered materials shall be completed immediately upon occurrence or within a minimum of 20 days of notification by the City. ■ All walls and fences shall be constructed of noncombustible materials. ■ All walls and fences in Spring Trails shall be designed and constructed to withstand 100 mile per hour winds or the standard in the City of San Bernardino Development Code in effect at the time of the building permit application. ■ Pilasters, articulation, and/or permanent ® landscaping screening shall be incorporated Updated:2/25/2013 by Linda Sutherland G Packet Pg. 66 2256 into the design of walls or fences that exceed 25 feet in length. Retaining Walls: ■ When a retaining wall is in the front yard: ■ The maximum retaining wall height may be 2 feet and may be directly topped with a maximum 18-inch wall or fence for a total height of 42 inches, or ■ The maximum retaining wall height may be 3 feet and, in this case, a maximum 3-foot-high wall or fence may be erected above the retaining wall with a minimum 3-foot landscaped setback from the back of the retaining wall. ■ For retaining walls on the perimeter, side, or rear property lines: ■ The maximum height of any solid retaining wall shall be 8 feet as measured from the lowest adjacent grade. Retaining walls may only exceed 8 feet if. (1) they are not visible from public areas,or(2)they are visible from public areas and unique designs are incorporated to disguise or break up the mass of the retaining wall (e.g., offsets, landscape walls,unique materials, or public art). ■ The maximum height of any fence or wall on top of a retaining wall on the perimeter, side,or rear property lines shall be as would be allowed if there was no retaining wall. The project site is located within a Very High Hazard Severity Zone as designated by the California Department of Forestry and Fire Protection ("CAL FIRE"). Therefore, the EIR prepared for the project has established mitigation measures to reduce the impacts from fire hazards to levels that are less than significant. Further, once annexed to the City of San Bernardino, the project site would also be subject to the City's Development Code and established Foothill Fire Zones Overlay District (Development Code Chapter 19.15). The overlay district designates three zones within the wildland interface: • Fire Zone A(Extreme hazard), characterized by slopes over 30 percent • Fire Zone B (High Hazard), characterized by slopes 15-30 percent • Fire Zone C (Moderate Hazard), characterized by slopes less than 15 percent The project site has approximately 121 acres in Fire Zone A, 112 acres in Fire Zone B, and 119 acres in Fire Zone C. The Overlay District specifies development standards relating to access and circulation, site and street identification, roadside vegetation, water supply, erosion control, construction and development design, and miscellaneous items. One of the components of the wildland fire defense systems for Spring Trails would be the implementation of fuel modification zones. The proposed plan within the Specific Plan includes the following defined fuel modification zones: Updated:2/25/2013 by Linda Sutherland G Packet Pg. 67 2256 • Fuel Modification Zone A (flat) - Noncombustible Construction: 20- to 35-foot setback zone for noncombustible construction only. Fuel Modification Zone A shall be maintained by the homeowner or the Homeowners' Association (HOA). At no time would the Fuel Modification Zone A be less than 20 feet. • Fuel Modification Zone B- Wet Zone (100 percent removal of undesirable plant species): First 50 to 200 feet from Fuel Modification Zone A. Fuel Modification Zone B shall be permanently irrigated, fully landscaped with approved drought-tolerant, deep-rooted, moisture-retentive material as container shrub material, or hydroseeded per the San Bernardino Fire Department (SBFD) Approved Plant List. Fuel Modification Zone B area shall be maintained by the homeowner, HOA, or landscape maintenance district ("LMD")as appropriate. • Fuel Modification Zone C - Dry Zone (SO percent thinning of the acceptable existing plant material): 40 to 185 feet. Fuel Modification Zone C shall be a non-irrigated area. Removal of all flammable undesirable species. Specimen and trees shall be retained as directed by the owner's representative but must be thinned a minimum of 50 percent, including removal of all low hanging foliage within three times the height of the understory shrubs or 10 feet, whichever is greater, along with dead or broken branches. All accumulated plant debris on the ground shall be removed. Fuel Modification Zone C area shall be maintained by the LMD. Additionally, note that the SBFD will not allow development of residential lots 30 and 233 at this time due to a lack of a sufficient fuel modification zone adjacent to these lots (Attachment 9, page 3-54). Therefore, unless the applicant is able to obtain additional land for additional fuel ` modification zone area,these lots will be required to be maintained as permanent open space(per Condition No. 10). With the implementation of the Fire Protection Plan's development standards and avoidance of developing lots 30 and 233, the project's EIR determined that the risk from fire would be reduced to less than significant levels. The fire zones are discussed in further detail in the Specific Plan (Attachment 9), beginning on page 1-12, while the Fire Protection Plan is discussed in detail beginning on age 3-53 of Attachment 9. In addition to the site being located in a Very High Hazard Severity Zone, as noted above, the project is also located in an area that experiences high winds. Therefore, all on-site development will be required to be constructed per building code standards to meet these wind loads. Further, Condition No. 8 requires that the project Conditions, Covenants and Restrictions (CC&Rs) regulate the placement of trash receptacles for pick-up during windy days. Further, the project's mitigation measures will regulate construction activities on windy days (refer to Attachment 6). The site is traversed by the San Andreas Fault in several locations. Therefore, a Seismic Safety/Geologic Safety Plan, which sets forth standards for development adjacent to the fault zone and for infrastructure that will cross the Fault is provided in the Specific Plan,beginning on page 3-75. Structures will not be permitted to be constructed in the fault zones. However, it should be noted that per the EIR prepared for the project, additional fault studies and trenching ® will be required as mitigation, which may require increased setbacks from the fault, revised Updated:2/25/2013 by Linda Sutherland G 2256 grading of slopes within the fault zone, etc. With implementation of these measures, the project's EIR found that the impacts from the fault and related geologic hazards would be reduced to less than significant levels. There are four major drainage areas within the Spring Trails Project site. Upon development, some natural drainage courses onsite would be maintained, and some on- and off-site flows would be captured and routed through a series of catch basin inlets and storm drain systems. Captured stormwater would be conveyed to three on-site detention basins where it would be treated and discharged at a controlled rate into Cable Canyon. The drainage plan has been designed to ensure conveyance of the 100-year storm. Best Management Practices (`BMPs") for water quality treatment would include the extended detention basins and media filtration devices. These improvements would be designed and constructed in accordance with the City of San Bernardino and the San Bernardino County Flood Control District standards. A detailed discussion of the Specific Plan's Drainage Plan can be found in Attachment 9,beginning on page 3-107. Cable Creek and one of its tributaries that traverse the Spring Trails site are important wildlife corridors. Cable Creek is a year-round water source. The water source and associated vegetation provide cover and food resources traversing the project areas. The unnamed tributary, located in the northern third of the project area, provides an especially suitable avenue for wildlife movement due to the cover and foraging resources it currently provides. The South Coast Missing Linkages Project identified the Spring Trails project area as an important component in maintaining wildlife linkages between the San Bernardino Mountains and the San Gabriel Mountains to the west. Further, a number of mammal species have been directly observed on the site, while other mammal and bird species have been identified as likely to use the site and surrounding area for travel. While the riparian areas of Cable Creek and its tributary are not planned for development as part of the project, roads will cross the corridors at two locations. Therefore, to ensure that the project's impacts on these wildlife corridors will be maintained at less-than-significant levels, the Specific Plan (Attachment 9, page 3-76) sets forth standards for the construction of on-site infrastructure and improvements (setbacks from the corridors, fencing, lighting, landscaping,etc.) and the maintenance of the corridors. Additionally, as the project area is currently underserved by water infrastructure, the Specific Plan establishes standards for the provision of water service to serve the project area and to improve the provision of water to surrounding properties. The City of San Bernardino Municipal Water Department would provide water service to Spring Trails, and currently provides service to pressure zones ranging from 1,249 feet to 2,100 feet. The nearest existing reservoir is the Meyers Canyon Reservoir, which is within the 2,100-foot pressure zone, but is not adequate for buildout of Spring Trails or Verdemont. Therefore, water would be supplied to Spring Trails from lower elevations by a combination of expanding and improving the off-site water system and the provision of on-site reservoirs and transmission lines. Off-site improvements would include the creation/improvement of a series of pump stations and transmission lines within the Verdemont community. In addition, three on-site reservoirs are proposed to meet the need for 2,300-, 2,500-, 2,700-, and 3,000-foot elevation pressure zones. The Water Plan is discussed in further detail in the Specific Plan,beginning on page 3-101. Updated:2/25/2013 by Linda Sutherland G Packet Pg. 69 I 2256 j The Specific Plan also proposes standards to address off- and on-site roads and streets. Primary access to Spring Trails would be provided by a new road extending from the southeastern corner of the site and connecting to Little League Drive. Secondary access is planned via a new road extending from the southwestern corner of the site to the frontage road along I-215. Except for emergency access, the intersection of the secondary access road with Meyers Road is designed with barriers to prevent vehicular access onto Meyers Road. Circulation within Spring Trails will be provided by a loop road and a series of cul-de-sacs. Necessary public streets, both on- and off-site, would be improved by the developer and dedicated to the City. All roadways would be two-way travel-one lane in each direction-with varying treatments for parkways, sidewalks, and parking. A system of interconnected trails throughout the project area, and with connections to off-site trails is proposed. The proposed standards for the project's streets and roads can be found in Attachment 9, beginning on page 3-16. However, as noted above, the applicant is currently in negotiations with several property owners to obtain ownership or easement rights for both the primary and secondary access roads that would serve the site. However, the applicant does not have full control of the properties for these access roads. Therefore, if access is not obtained, the project will not be able to move forward, since both access roads are required to serve the project, per the project's mitigation measures and Condition No. 18. Note that the applicant has agreed by waiving the application of Government Code Section 66462.5, that the City will have no obligation to either approve a final tract map implementing TTM 15576 or assist with the acquisition of any properties needed by the applicant for the primary or secondary access routes. This will be addressed further in the project's Development Agreement. In addition to the comparison of the Development Code standards with the proposed Specific Plan standards regarding the FF and HMOD Overlay District requirements noted in Table 2, (� above, Table 3 provides a comparison of the residential development standards of the �✓ Development Code against the Specific Plan. TABLE 3: COMPARISON OF DEVELOPMENT CODE AND PROPOSED SPECIFIC PLAN RESIDENTIAL STANDARDS STANDARD DEVELOPMENT CODE SPRING TRAILS SPECIFIC PLAN Minimum Lot One acre 10,081 square feet Size Setbacks Front: 35 feet Side: 5 feet Street Side: Front: 15 feet Side: 10 feet Street 15 feet Rear: 20 feet Side: 10 feet Rear: 15 feet Maximum 3 stories/45 feet 35 feet Building Height DEVELOPMENT AGREEMENT The applicant is proposing Development Agreement No. DA 11-01 as it pertains to the Spring Trails project to establish assurances between the City and the applicant relating to the buildout of the project. The following is a summary of the three primary items within the Agreement. 1. Since the applicant is still in the process of acquiring the rights-of-way for access to the site, the applicant is waiving the provisions of California Government Code Section Updated:2/25/2013 by Linda Sutherland G 2256 66462.5, thereby waiving rights to require condemnation of the properties needed for the access. 2. The applicant agrees to install and dedicate to the City all necessary sewer infrastructure for the project, but is requesting credit/reimbursement of excess Sewer Facilities Costs that benefit properties other than the project site. 3. The applicant agrees to construct and dedicate to the City all required Public Park infrastructure for the project, but is requesting credit/reimbursement of excess Public Park Facilities Costs. Approval of the Development Agreement will result in assurance to the applicant of vesting rights to develop the project site and will provide assurances to the City that infrastructure and parks serving the site will be constructed and dedicated to the City, and that development impact fees will be paid by the developer. CALIFORNIA ENVIRONMENTAL QUALITY ACT(CEOA) An Environmental Impact Report(EIR)has been prepared in accordance with CEQA(available on the City's web site at www.sbcity.org<http://www.sbcity.org> - see"How do I..." and "Locate..." and click Planning Documents). The EIR(Attachment 7)identified potentially significant impacts of the project, discusses avoidance measures incorporated in the project design, and numerous mitigation measures proposed to further reduce potential impacts of the project. Comments were received on the Draft EIR. These comments, and the responses to comments, are provided within the Final EIR. Mitigation measures presented in the EIR have been included in the Mitigation Monitoring/Reporting Program(MM/RP),which is attached as Attachment 6, and also incorporated by reference in the Conditions of Approval (Attachment 3). The mitigation measures in the MM/RP will reduce all of the impacts of the project to less-than- significant levels,with the following exceptions: Air Quali Impact 5.2-1: The proposed project is not consistent with the applicable air quality management plan because construction-related air pollutant emissions would exceed the South Coast Air Quality Management District's regional and localized emissions thresholds. Mitigation measures used to control construction and operational emissions would reduce project and cumulative level impacts but they would remain significant and unavoidable. Impact 5.2-1: Construction activities associated with the proposed project would generate short- term emissions that exceed SCAQMD's regional significance thresholds for NOx, PM10 and PM2.5 and would significantly contribute to the nonattainment designations of the South Coast Air Basin for ozone and particulate matter (PM10 and PM25). Mitigation measures would reduce the project's construction-related impacts but the project- and cumulative-level impacts would remain significant and unavoidable. Updated:2/25/2013 by Linda Sutherland G 2256 Impact 5.2-4: Construction activities associated with grading operations could expose sensitive ( — receptors to substantial pollutant concentrations of PM10 at the existing on-site residence and the 4� surrounding off-site residences. Mitigation measures would reduce the project's construction- related impact on sensitive receptors but it would remain significant and unavoidable. Noise Impact 5:10-5: Project-related construction activities would result in temporary noise increase at the existing on-site residence and surrounding noise-sensitive receptors due to the length of the construction period, that is, approximately three years. Mitigation would reduce the project's impact on local sensitive receptors but it would remain significant and unavoidable. Transportation and Traffic Impact 5-14:2: Six freeway improvements would operate at unacceptable LOS for the year j 2035: The I-215 freeway segment between Palm Avenue and Devote Road (northbound and southbound); • The I-215 freeway segment between Devore Road and I-15 (northbound); • The I-15 Freeway segment between Glen Helen Parkway and Sierra Avenue northbound and southbound); and • The I-15 freeway segment between I-215 and Glen Helen Parkway(northbound). QSpring Trails would generate traffic and would contribute to the unacceptable levels of service on these freeway segments Additionally, mainline improvements to the I-5 and I-215 in the project area are not included in a fee program at this time There are not feasible mitigation measures to reduce the significant impacts. As a result, these impact are significant and unavoidable. Greenhouse Gas Emissions Impact 5.16-1: Project-related construction activities would generate 5,660 metric tons (MTon) of CO2e and operational activity would generate about 9,559 MTon of CO2e. Mitigation measure would reduce GHG emissions from construction activities, area sources, energy use, and waste and recycling activities to levels that are less than significant; however, the vehicle GHG emission would not be reduced to levels that are less than significant, and project- generated emission of GHG would create significant and unavoidable impacts. Statement of Overriding Considerations As a result of the significant unavoidable adverse impacts the project would generate, Section 15093 of the CEQA Guidelines requires the lead agency to balance the benefits of a proposed project against its unavoidable significant impacts, and to determine whether the impacts are acceptably overridden by the project benefits. If the City finds that the previously stated major project benefits outweigh the unavoidable significant adverse environmental impacts noted above, the City may, nonetheless, approve the project. Each of the separate benefits are hereby Updated:2/25/2013 by Linda Sutherland G Packet Pg. 72 2256 determined to be, in itself, and independent of other project benefits, basis for overriding all unavoidable environmental impacts identified in the EIR and these findings. The complete set of Facts, Findings and Statement of Overriding Considerations is provided as Attachment 8. The City's findings set forth in Attachment 8 identified all of the adverse environmental impacts and feasible mitigation measures which can reduce impacts to less than significant levels where feasible, or to the lowest feasible levels where significant impacts remain. The findings have also analyzed three alternatives to determine whether there are reasonable or feasible alternatives to the proposed action, or whether they might reduce or eliminate the significant adverse impacts of the project. A summary of the project's benefits that outweigh the significant unavoidable adverse impacts is as follows: Finding: Having considered the unavoidable adverse impacts of the project, the City hereby determines that all feasible mitigation has been adopted to reduce or avoid the potentially significant impacts identified in the EIR, and that no additional feasible mitigation is available to further reduce significant impacts. Further, the City finds that economic, social and other considerations of the project related to provision of housing outweigh the unavoidable adverse impacts described above. The reason for accepting these remaining unmitigated impacts are described below. In making this finding, the City has balanced the benefits of the Project against its unavoidable environmental impacts, and has indicated its willingness to accept those effects. The City further finds that the project's benefits are substantial and override each unavoidable impact of the project. These benefits include substantial ® infrastructure that the project will directly and indirectly, through funding mechanisms, provide. These benefits include the following, which are laid out in greater detail in the findings (Attachment 8): • The water supply system for the area will be augmented to provide water to the new residents, but will also provide improved service to those existing residents in the area currently on City water. • Three on-site reservoirs will be constructed to provide better service and fire protection to the area. • Off-site improvements to the water supply system include a series of pump stations and transmission lines within the Verdemont community. • Improved fuel modification zones will provide protection to both the proposed community as well as to the existing structures in the area. • Project would be required to pay development impacts fees for law enforcement, schools, library, fire, traffic and other related fees that will supplement the City's funds and provide the necessary public services to the project. • Traffic improvements, including an additional westbound left turn lane at the intersection of Palm Avenue and Kendall Drive. In particular, the project scope includes substantial infrastructure improvements for water storage and delivery systems that will not only serve the project itself, © but also benefit the larger community. The additional water storage and delivery Updated:2/25/2013 by Linda Sutherland G 2256 systems will provide for more effective wildfire controls for existing residents as well as the proposed project given the additional safety and setback measures that are incorporated into the project. The water infrastructure will also provide a source potable water for existing residents as well as a water source for firefighting personnel in the event of a wildfire. The project components related to fire hazards and safety, including construction, buffer zones, and other features will also provide additional benefits to those residents already located in the area as a means of preventing the spread of any wildfires through the area. Storm drainage improvements will also provide additional benefits related to the existing flood and erosion conditions prevalent in the area. The area and existing residents have faced historical issues with flooding, landslides and wildfires which will be substantially improved with the implementation of the proposed project. Funding mechanisms and impact fees that will be generated as part of the project will assist in roadway improvements and as well general fund contributions through property tax that can assist in funding necessary police, fire and safety services for the area. From an economic standpoint, the project will pay substantial fees that will benefit the City, including Development Impact Fees, School Fees, Library Fees permitting fees, public services fees, and related development fees that provide additional benefit both to the community by increasing the funding and services available, but also to the City. For example, the project will be required to pay additional fees to support police services in the amount of$183,506.18 and to pay library fees in the amount of $181,375.52. The project provides additional property taxes that will also contribute to public services. These fees are outlined in the findings and further identified in the EIR. The project will also provide the opportunity for construction jobs in the community for a substantial period of time, depending on how quickly the proposed project is built out. The project provides additional social benefits to the community and City as well. The project will dedicate more than 245 acres of permanent open space, including natural open space, controlled open space and parks, on site. The parks that are proposed as part of the project will include shade structures, tot lots, gardens, observation points, and other related features and offer opportunities for the community that are not currently present in the area. The project also provides an interconnected trail system that would include community trails for bicycle and pedestrian use, equestrian trails, and hiking trails. These proposed trails would substantially increase the recreational opportunities currently available in the City. Furthermore, the City has a limited base of available high-quality, low density residential development based upon a review of the MLS listings for the City as well as under General Plan designation areas for low density residential development. Such high-quality, low density housing is desirable to attract and retain top quality candidates for positions at the University and other institutions. According to the City of San Bernardino Housing Element Adopted June 20, 2011, approximately one-third of the City's housing stock is between 30 and 49 years old, with an additional 35.3 percent over 50 years old. (Pages 3-25 and 3- 26). Only 2,720 housing units were constructed between the years of 2000-2005, Updated:2/25/2013 by Linda Sutherland G Packet Pg. 74 2256 during the height of the housing boom. (Housing Element Adopted June 20, 2011,Table H-12). The household composition of the City shows that 82%of the City's households are moderate to very-low income, while only 18% are above Moderate income. (Id. Chart 4, pg. 3-17). There are few other proposed developments within the City at this time and thus the proposed Project will fill a residential need within the City as is envisioned within the City's General Plan. Such a need is identified generally in Housing Element policy 3.1.1, which states: "Provide adequate sites to accommodate the production of a variety of housing types through land use designation, zoning, specific plans, and overlay districts." As discussed above, the development of the project would result in significant and unavoidable adverse impacts with regard to Traffic and Transportation, Air Quality and Noise; however the benefits obtained from the project (listed above and in greater detail in Attachment 8) are sufficient to justify approval of the project. With regard to Greenhouse Gas (GHG) Emissions, California Public Resource Code 21002 provides: "In the event specific economic, social and other conditions make infeasible such project alternatives or such mitigation measures, individual projects can be approved in spite of one or more significant effects thereof." Section 21002.1(c) provides: "In the event that economic, social, or other conditions make it infeasible to mitigate one or more significant effects of a project on the environment,the project may nonetheless be approved or carried out at the discretion of a public agency..." Finally, California Administrative Code, Title 4, 15093 (a) states: "If the benefits of a proposed project outweigh the unavoidable adverse environmental effects,the adverse environmental effects may be considered `acceptable."' a) The project benefits include substantial infrastructure that the project will directly and indirectly, through funding mechanisms, provide. In particular, the project scope includes substantial infrastructure improvements for water storage and delivery systems that will not only serve the project itself, but also benefit the larger community. The additional water storage and delivery systems will provide for more effective wildfire controls for existing residents as well as the proposed project given the additional safety and setback measures that are incorporated into the project. The water infrastructure will also provide a source of potable water for existing residents as well as a water source for firefighting personnel in the event of a wildfire. The project components related to fire hazards and safety, including construction, buffer zones, and other features will also provide additional benefits to those residents already located in the area as a means of preventing the spread of any wildfires through the area. B) Storm drainage improvements will also provide additional benefits related to the existing flood and erosion conditions prevalent in the area. The area and existing residents have faced historical issues with flooding, landslides and wildfires which will be substantially improved with the implementation of the proposed project. Funding mechanisms and impact fees that will be generated as part of the project will assist in roadway improvements and as well general fund contributions through property tax that can assist in funding necessary police, fire and safety services for the area. C) The proposed project will also provide additional recreational sources for the community, creating hiking, equestrian and biking trails throughout the site and connecting an area that ® currently does not offer such sources of recreation to the residents of the City. Updated:2/25/2013 by Linda Sutherland G Packet Pg.75 2256 D) Furthermore, a base of high-quality low density residential development is important for the ability of the City's institutions to hire and retain top quality candidates for positions at the University and other institutions. There are few other proposed developments within the City at this time and thus the proposed project will fill a residential need within the City as is envisioned within the City's General Plan. E) In addition to the safety, recreational, social and housing features that the project will provide, the project will offer employment during the construction phases and provide revenue from the additional property taxes that the project will generate. The project will be required to pay additional fees to support police services in the amount of$183,506.18, pay schools fees, pay library fees in the amount of $181,375.52, improvement existing roadways and provide additional access points that otherwise may not occur, as well as pay other City development fees. The payment of fees and additional services benefit both the project and the surrounding community. F) As the CEQA Lead Agency for the proposed project, the City of San Bernardino has reviewed the project description and the project alternatives as presented in the EIR, and fully understands the project and project alternatives proposed for development. Further, the City finds that all potential adverse environmental impacts and all feasible mitigation measures to reduce the impacts from the project have been identified in the Draft EIR, the Final EIR and public testimony. The City also finds that a reasonable range of alternatives was considered in the EIR, and finds that approval of the project is appropriate. G) The City has identified economic and social benefits, important policy objectives and local and regional benefits that will result from approval of the Development Agreement, as discussed in above, and in Attachment G, the Facts and Findings and Statement of Overriding Considerations that were prepared for the project, which result from implementing the project. The City has balanced these substantial social and economic benefits against the unavoidable significant adverse effects of the project. The City finds that the substantial social and economic benefits that will result from the project override the unavoidable environmental effects of the project. FINDINGS OF FACT 1. SP/GPA/DCA/TTM/DA Finding: The proposed amendment is internally consistent with the General Plan The applicant is proposing a General Plan Amendment to establish the Spring Trails Specific Plan as the land use designation for the subject property. Further, a Development Code Amendment to add the Spring Trails Specific Plan as a Special Purpose Zone in the Development Code and recognize the land use standards contained within the Specific Plan as unique to the project area. A Tentative Tract Map is also proposed to subdivide the 352.8-acre project area into 304 lots for single-family residences and lots for water tanks,parks and open space. Currently, the property is located in the County, within the City's Sphere of Influence. The existing land use designation per the County General Plan is Resource Conservation © (RC) and Rural Living, 5-ac. min. Lot size (RL-5), which requires a minimum five-acre Updated:2/25/2013 by Linda Sutherland G Packet Pg. 76 2256 lot size. Since the project is located in the City's Sphere of Influence,the City's General Plan currently designates the site Residential Estate, which calls for single-family residential lots with a minimum lot size of one acre. By establishing the Spring Trails Specific land as the land use designation for the property, which will include a change in minimum lot size for the site from a minimum of one acre to an average of one acre, the project will then become consistent with the General Plan. The project is also consistent with the following General Plan policies: Land Use: Policy 2.1.1 Actively enforce development standards, design guidelines, and policies to preserve and enhance the character of San Bernardino's neighborhoods. Policy 2.1.2 Require that new development with potentially adverse impacts on existing neighborhoods or residents such as noise, traffic, emissions, and storm water runoff, be located and designed so that quality of life and safety in existing neighborhoods are preserved. Policy 2.2.1 Ensure compatibility between land uses and quality design through adherence to the standards and regulations in the Development Code and policies and guidelines in the Community Design Element. Policy 2.2.2 Require new uses to provide mitigation or buffers between existing uses where potential adverse impacts could occur, including, as appropriate, decorative walls, landscape setbacks, restricted vehicular access, enclosure ofparking structures to prevent sound transmission, and control of lighting and ambient illumination. Policy 2.2.4 Hillside development and development adjacent to natural areas shall be designed and landscaped to preserve natural features and habitat and protect structures from the threats from natural disasters, such as wildfires and foods. Policy 2.3.3 Entries into the City and distinct neighborhoods should be well defined or highlighted to help define boundaries and act as landmarks. Policy 2.5.4 Require that all new structures achieve a high level of architectural design and provide a careful attention to detail. Policy 2.5.6 Require that new developments be designed to complement and not devalue the physical characteristics of the surrounding environment, including consideration of (site specific design considerations of the surrounding environment -remaining items omitted). Policy 2.6.1 Hillside development and development adjacent to natural areas shall be designed and sited to maintain the character of the City's significant open spaces and historic and cultural landmarks. Updated:2/25/2013 by Linda Sutherland G Packet Pg. 77 2256 Policy 2.7.1 Enhance and expand drainage, sewer, and water supply/storage facilities to ® serve new development and intensification of existing lands. Policy 2.7.2 Work with the San Bernardino Valley Municipal Water District to create additional water storage capacity and take advantage of the abundant water supplies. Policy 2.7.5 Require that development be contingent upon the ability of public infrastructure to provide sufficient capacity to accommodate its demands and mitigate its impacts. Policy 2.8.1 Ensure that all structures comply with seismic safety provisions and building codes. Policy 2.8.2 Ensure that design and development standards appropriately address the hazards posed by wildfires and wind, with particular focus on the varying degrees of these threats in the foothills, valleys, ridges, and the southern and western flanks of the San Bernardino Mountains. Upon annexation into the City, under current conditions without the Specific Plan, the site would be designated as Residential Estate, and as appropriate based on slope studies, the Foothill Fire Zone, on both the City's General Plan and Zoning maps. The Residential Estate designation permits one dwelling unit per acre. Through the Spring Trials Specific Plan, development will be clustered into the most appropriate areas so that, when taken individually, certain lots exceeded the one unit per acre density limit and on a gross basis, the project will comply with the overall density restrictions of the Residential Estate land use designation. Spring Trails will be a 352.8- acre residential development in the foothills of the San Bernardino Mountains. Spring Trails is proposed to accommodate 304 residences situated in several neighborhoods, which will be separated by open space corridors, drainageways, and sloped areas and interconnected by a series of trails and roadways. The development footprint of Spring Trails is proposed to be focused on the gently sloping alluvial benches between canyons, steep hillsides, and the Cable Canyon and Meyers Canyon drainageways. Development is proposed on approximately 242 acres, or 68 percent of the total site, and will include nine acres of parks and 125.1 acres of internal slopes and fuel modification zones. The remaining 32 percent of Spring Trails (111.3 acres) will be preserved as natural open space. The Specific Plan will establish unique development standards for the project site regarding minimum lot size and development standards for the hillside and high fire hazard zone components of the project. Where the Specific Plan is silent on Development Code standards, those Development Code standards will be required for future development of the site. The following elements of the Specific Plan promote the land use goals of the General Plan: ■ Providing approximately 111 acres of permanent open space. Updated:2/25/2013 by Linda Sutherland G Packet Pg. 78 2256 • Integrating Spring Trails into its physical surroundings by clustering development on the gentle slopes; avoiding steep slopes, ridgelines, and physical hazards; and preserving significant drainageways. • Including guidelines and standards that address unique entries, tailored landscaping, and detailed design factors that will help make Spring Trails a unique and high-quality neighborhood in San Bernardino. • Providing two points of access that directly connect to collector roads and avoid existing neighborhoods: the primary access connecting to Little League Drive and a new secondary access road connecting to Frontage Road. The secondary access road is designed to restrict non-resident access onto Meyers Road. • Providing two points of access for existing off-site residences and preserving an existing on-site residence. • Maintaining the significant natural drainage courses on the property and capturing on-and off-site stormwater flows and routing them through a series of catch basin inlets and storm drain systems that convey water to three on-site detention basins where it is treated and discharged at a controlled rate into Cable Canyon. The drainage system and detention basins will reduce stormwater runoff from the site to levels below those that existed prior to the project. • Minimizing the impacts of light intrusion and spillover. CSUSB is contemplating building an observatory on the nearby Badger Hill. To help preserve a dark nighttime sky, this Specific Plan includes controls on the type and design of lighting. • Providing design standards for unique entries to create a recognizable identity and sense of arrival • Providing design guidelines and development standards that will result in distinctively designed high-quality residences set among a system of unified lighting, streetscape,landscape, and parks. • Working with SBMWD to supply water to Spring Trails. Water from lower elevations by a combination of expanding and improving the off-site water system and the provision of on-site reservoirs and transmission lines. • Requiring the developer(s) to be responsible for constructing/funding their fair share of required on-and off-site infrastructure improvements, such as water lines, sewers, storm drains,recycled water lines, and streets. • Addressing the significant natural features on the site such as the San Andreas Fault system and natural drainage courses that cut through the project, including standards for infrastructure to withstand fault movement and avoiding Updated:2/25/2013 by Linda Sutherland G Packet Pg. 99 2256 development in the natural drainage courses, and protecting against wildland fires as detailed in the Safety responses below. Yerdemont Heights Area Plan Policy 2.11 Create an identifiable and unique village that includes distinct residential neighborhoods and a full array of services and activities to meet the needs of residents of the area. Policy 2.11.1 Enhance the three distinct subareas that comprise Verdemont Heights: a. Verdemont Estates, which is located in the northwestern portion of the area west of Little League Drive, has a rural character and consists of the larger lot residential uses. Policy 2.11.2 Develop a trail system in Verdemont Heights and along Cable Creek that provide a complete access system and provides direct access to Verdemont Plaza. Policy 2.11.4 As shown on Figure LU-6, develop an integrated corridor enhancement system, including landscaping and signage, which are unique to Verdemont Heights. The following policies shall direct the development of corridors within Verdemont Heights: Policy 2.11.6 Ensure that new developments either provide their fair share of recreational facilities based upon the City's parkland requirements or appropriate in-lieu fees. Spring Trails is in keeping with the rural character of the northwestern portion of Verdemont Heights with an average lot size of 29,000 square feet. The largest lots will be located on the upper elevations of the site and the largest lot will measure 18.3 acres. The smallest lots are proposed on the lower elevations and the smallest lot will measure 10,801 square feet. The residences will be separated by open space corridors, drainage ways, and sloped areas and interconnected by a series of trails and roadways. Development will be focused onto approximately 242 acres, or 68 percent of the total site, and will include nine acres of parks and 125.1 acres of internal slopes and fuel modification zones. The remaining 32 percent of Spring Trails (111.3 acres) is proposed to be preserved as natural open space. Updated:2/25/2013 by Linda Sutherland G 2256 Maximum buildout of the Spring Trails Specific Plan would accommodate approximately 1,028 residents. Based on the City's standard of five acres of parkland per 1,000 residents, full buildout of the Specific Plan would result in the need to provide 5.14 acres of parkland or an equivalent fee in lieu of dedicated parkland. Spring Trails will provide approximately 245.4 total acres of public and private parkland, open space, and trails and the nine acres of usable public and private parks exceed City requirements. In addition, there will be 3.8 miles of trails that provide access to the surrounding natural open spaces. The following elements of the Specific Plan promote the land use goals of the General Plan: ■ Guidelines and standards that address unique entries, tailored landscaping, and detailed design factors that will help make Spring Trails a unique, high-quality neighborhood in San Bernardino. ■ Providing standards for unique entries to create a recognizable identity and sense of arrival. Circulation Policy 61.1 Design each roadway with sufficient capacity to accommodate anticipated traffic based on intensity of projected and planned land use in the City and the region while maintaining a peak hour level of service (LOS) "C"or better. Policy 61.5 Design roadways,monitor traffic flow, and employ traffic control measures (e.g. signalization, access control, exclusive right and left turn-turn lanes, lane striping, and signage) to ensure City streets and roads continue to function safely within our Level of Service standards. Policy 6 3.4 Require appropriate right-of-way dedications of all new developments to facilitate construction of roadways shown on the Circulation Plan. Policy 6 3.6 Locate new development and their access points in such a way that traffic is not encouraged to utilize local residential streets and alleys. Policy 63.7 Require that adequate access be provided to all developments in the City including secondary access to facilitate emergency access and egress. Spring Trails is proposed to consist of a hierarchy of streets, including collector and local roads, which will provide a comprehensive and connected street network and is designed to the specifications of the City of San Bernardino. Access to the project site will be provided via a new roadway extending from Little League Drive, and a new road extending south and connecting to the frontage road along I-215. These access points directly connect to collector roads and avoid existing neighborhoods: the primary access connecting to Little League Drive and a new secondary access road connecting to Frontage Road. The secondary access road is designed to restrict non-resident access onto Meyers Road, but will accommodate emergency vehicles. Spring Trails also Updated:2/25/2013 by Linda Sutherland G Packet Pg. 81 I i 2256 provides two points of access for existing off-site residences. Further, per the project's mitigation measures, the applicant will be required to make improvements to the intersection of Palm Avenue and Kendall Drive, if these have not yet been done prior to the start of on-site construction. Spring Trails also includes a system of bicycle and pedestrian trails that interconnect all neighborhoods and provide connections to the surrounding areas and region. In addition, several natural drainage ways and sloped areas are used as open space corridors and pathways. Housing Policy 3.1.1 Accommodate the production of new housing units on currently vacant or underutilized land at densities and standards designated in the Land Use Element of the General Plan. Spring Trails will accommodate 304 single-family detached housing units that will be designed to appeal to families, those looking to move up, and CSUSB faculty. The proximity of Spring Trails to the University may help attract teachers to the community and strengthen the ties between the City and University. The site is currently designated as Residential Estate on the City's General Plan Map. The Residential Estate designation permits one dwelling unit per acre and would accommodate a maximum of 352 units upon annexation of the site into the City without the Specific Plan. Spring Trails has been designed to cluster development into the most �- appropriate locations on the site, with the smaller lots concentrated on the less steep portions of the site and the larger lots on the steeper slopes. As a result, individual lots within Spring Trials may be smaller than the lot sizes called for in the City of San Bernardino General Plan and individual lots may exceed the density limit called for in the City's General Plan; however, on a gross basis, the specific plan complies with the density restrictions of the Residential Estate land use designation by proposing 304 units on 353 acres. Community Design Policy 5.3.4 Enhance and encourage neighborhood or street identity with theme landscaping or trees, entry statements, enhanced school or community facility identification, and a unified range of architectural detailing. Policy 5.5.4 Setback garages from the street and minimize street frontage devoted to driveways and vehicular access. Policy 5.5.6 Ensure a variety of architectural styles, massing, floor plans, faVade treatment, and elevations to create visual interest. Policy 5.5.7 In residential tract developments, a diversity of floor plans, garage ® orientation, setbacks, styles, building materials. Updated:2/25/2013 by Linda Sutherland G Packet Pg. 82 2256 The overall goal of the Specific Plan is to create an attractive and distinct community within the City of San Bernardino. The Spring Trails Specific Plan provides development standards and criteria for architecture, landscaping, entry monumentation, walls and fences, and other design elements in order to ensure a high-quality development and strong community character. In addition, Spring Trails is designed to enhance the aesthetic quality of San Bernardino through: • The compact design of Spring Trails limits the development footprint so that open lands will be maximized; natural drainageways will be maintained and incorporated into the design of the project as open space amenities and landscaping; and hazards will be avoided or mitigated. • Avoiding development on ridgelines and steep slopes so that views of the mountains will not be not impacted. • Distinctively designed residences set among a system of unified lighting, streetscape, landscape, and parks. • Standards that require a variety of garage placements and setbacks,product types, colors, and materials. • Unique entries that will create a recognizable identity and sense of arrival. ■ An interconnected system of open spaces that will serve multiple purposes as drainage courses, pedestrian pathways, recreational and visual amenities, and separations between neighborhoods. Maintenance assessment district(s) will be responsible for maintaining the long-term aesthetic quality of Spring Trails. Maintenance responsibilities may be divided between a Master Homeowners' Association, Neighborhood Associations, Landscape and Lighting Maintenance District(s), and/or other maintenance mechanisms. Utilities and Public Services Policy 9.1.3 Require new development to connect to a master planned sanitary sewer system in accordance with the Department of Public Works' "Sewer Policy and Procedures". Where construction of master planned facilities is not feasible, the Mayor and Common Council may permit the construction of interim facilities sufficient to serve the present and short-term future needs. Policy 9.3.1 Provide for the construction of upgraded and expanded water supply, transmission, distribution, storage, and treatment facilities to support existing and new development. Policy 9.4.6 Minimize the disturbance of natural water bodies and natural drainage Qsystems. Updated:2/25/2013 by Linda Sutherland G Packet Pg. 83 2256 Policy 9.4.10 Ensure compliance with the Federal Clean Water Act requirements for National Pollutant Discharge Elimination System (NPDES)permits, including requiring the development of Water Quality Management Plans, Erosion and Sediment Control Plans, and Storm Water Pollution Prevention Plans for all qualifying public and private development and significant redevelopment in the City. Spring Trails has been designed with attention to the provision of services and infrastructure. According to initial studies, there is adequate supply, capacity, and facilities to accommodate the buildout of Spring Trails. Dry Utilities. Spring Trails will be served with electric, gas, solid waste collection, telephone cable, and Internet (data) from companies serving the City of San Bernardino. The utility providers, including the Gas Company, Southern California Edison, Verizon, and Charter Communications, have indicated the ability to provide service to Spring Trails. Water. The City of San Bernardino Municipal Water Department (SBMWD) will provide water services to Spring Trails. Water will be supplied to Spring Trails from lower elevations by a combination of expanding and improving the off-site water system and the provision of on-site reservoirs and transmission lines. Detailed water system improvement plan and supply analysis have been prepared and demonstrate that adequate water supply and service are available to accommodate the buildout of Spring Trails. Drainage. Spring Trails will maintain the significant drainage courses on-site to cant' most of the off-site water through the site to existing drainage facilities. The drainage concept for Spring Trails is designed to either maintain natural drainage courses whenever possible or capture both on-and off-site stormwater flows and route them through a series of catch basin inlets and storm drain systems that convey water to three on-site detention basins where it will be treated and discharged at a controlled rate into Cable Canyon. The drainage system and detention basins will reduce stormwater runoff from the site to levels below those that existed prior to the project. Spring Trails will be required to comply with and obtain necessary NPDES and SWPPP permits. Sewer. The Spring Trails project lies within the City of San Bernardino sanitary sewer service area. Spring Trails will connect to the City's existing 10-inch sewer line that ends at Little League Drive and Meyers Road, which is then connected to the south to a major interceptor system and is eventually treated in the San Bernardino Water Reclamation Plant. Existing capacity is available in the sewer system to serve the buildout population within the City. The sewer facilities will be designed and constructed in accordance with the City of San Bernardino standards and specifications and in accordance with the Standard Specifications for Public Works Construction (latest edition). In addition, the infrastructure that crosses earthquake faults is designed to handle earthquakes and surface ruptures. Within Spring Trails, the developer(s) will be responsible for constructing/ funding their fair share of required on-and off-site infrastructure improvements, such as water lines, 1 r Updated:2/25/2013 by Linda Sutherland G i 2256 sewers, storm drains, recycled-water lines, and streets. All infrastructure improvements will be developed in conjunction with the roadway improvements. Parks,Trails,and Open Space Policy 8.3.9 Separate bikeway and trail systems from traffic and roadways wherever possible. Policy 8.3.10 Provide clear separation of hikers, joggers, and equestrians where possible. Policy 8.4.2 Continue to require developers of residential subdivisions to provide fee contributions based on the valuation of the units to fund parkland acquisition and improvements. Maximum buildout of the Spring Trails Specific Plan would accommodate approximately 1,028 residents. Based on the City's standard of five acres of parkland per 1,000 residents, full buildout of the Specific Plan would result in the need to provide 5.14 acres of parkland or an equivalent fee in lieu of dedicated parkland. Spring Trails will provide approximately 245.4 total acres of public and private parkland, open space, and trails. Further, the nine acres of usable public and private parks will exceed City requirements. In addition, there are 3.8 miles of trails proposed that will provide access to the surrounding natural open spaces. Spring Trails will be integrated and linked both internally and with surrounding uses via 3.8 miles of multi-purpose trails as well as on-street bike lanes. The open spaces and parks will be maintained by homeowners' associations and/or lighting and landscape maintenance district. Safety Policy 7.2.6 Require that all buildings subject to City jurisdiction adhere to fire safety codes. Policy 10.5.1 Ensure compliance with the Federal Clean Water Act requirements for National Pollutant Discharge Elimination System (NPDES) permits, including developing and requiring the development of Water Quality Management Plans for all new development and significant redevelopment in the City. Policy 10.5.2 Continue to implement an urban runoff reduction program consistent with regional and federal requirements, which includes requiring and encouraging the following: • Increase permeable areas to allow more percolation of runoff into the ground; • Use natural drainage, detention ponds or infiltration pits to collect runoff. Updated:2/25/2013 by Linda Sutherland G Packet Pg. 85 2256 • Divert and catch runoff using swales, berms, green strip filters, gravel beds and French drains; • Install rain gutters and orient them towards permeable surfaces; • Construct property grades to divert flow to permeable areas; i • Use subsurface areas for storm runoff either for reuse or to enable release of runoff at predetermined times or rates to minimize peak discharge into storm drains; • Use porous materials, wherever possible,for construction of driveways, walkways and parking lots; and • Divert runoff away from material and waste storage areas and pollution-laden surfaces such as parking lots. Policy 10.5.4 Require new development and significant redevelopment to utilize site preparation, grading and foundation designs that provide erosion control to prevent sedimentation and contamination ofwaterways. Policy 10.8.2 Require that lifelines crossing a fault be designed to resist the occurrence offault rupture. Spring Trails contains several significant natural features that have made safety a special concern in the design of the community. Significantly, the San Andreas Fault system runs through the project, natural drainage courses cut through the project, and wildland fire is a threat. Seismic Safety. Spring Trails includes three traces of the San Andreas Fault, which runs in an east-west direction through the northern and southern portions of the project site. These faults were precisely located through detailed geologic investigations to establish safe structural setback limits. Development in Spring Trails is sited to avoid the fault and comply with the Alquist-Priolo fault zone requirements. Development will be required to comply with the latest building codes, which are designed to resist damage from seismic shaking. In addition, the infrastructure that crosses earthquake faults must be designed to handle earthquakes and surface ruptures and the detailed structural plans will be approved in the grading, infrastructure, and building permit process as appropriate. In particular, this Specific Plan requires that: • All structures in Spring Trails shall be required to meet or exceed the applicable seismic design standards of the California Building Standards Code, which correspond to the level of seismic risk in a given location. • Construction of habitable buildings shall not occur over or within 50 feet of any known active fault or as required by the geotechnical analyses. • No water reservoir or booster pump station shall be constructed within 15 feet of an active fault. Updated:2/25/2013 by Linda Sutherland G Packet Pg. 86 2256 ■ Grading for building pads and roads shall conform to specifications of the geologist,based on a soils study and final geotechnical study. ■ Flexible materials and joints shall be used for infrastructure (e.g., roads, sewer and water lines) located across known faults. ■ Flexible pipe fittings shall be used to avoid gas or water leaks. Flexible fittings are more resistant to breakage. ■ The final project grading plan shall be reviewed by the City geologist. Drainage and Flooding. Because Spring Trails sits on an alluvial plain on the slopes of the San Bernardino Mountains, flooding and drainage is a critical factor. On a regional perspective, the drainage area of which Spring Trails belongs flows east into Cable Canyon, then into Cable Creek, and eventually into the Santa Ana River. The site itself consists of four major drainage patterns: • Drainage area A. A 2,030-acre drainage area (148.9 acres on-site and 1,881 acres off-site) that includes the west and east forks of Cable Canyon, which flow south through the northeastern corner of the property and meet a tributary flowing from the east. • Drainage area B. A 63.7-acre watershed (51.6 acres on-site and 12.1 acres off-site) comprises surface flow drainage that flows southwesterly through the center of r^ the site and ultimately into Cable Canyon. t` • Drainage area C. A 198.2-acre watershed (128.4 acres on-site and 69.8 acres off- site) that consists of off-site surface flows and a defined drainage course that run onto the site and exit through the southeastern part of the project. • Drainage area D. A 341.6-acre drainage area (21.8 acres on-site and 319.8 acres off- site)that includes Meyers Creek. Spring Trails is designed to either maintain natural drainage courses or capture both on- and off-site stormwater flows and route them through a series of catch basin inlets and storm drain systems that convey water to three on-site detention basins where it is treated and discharged at a controlled rate into Cable Canyon. The drainage system and detention basins will reduce stormwater runoff from the site to levels below those that existed prior to the project. Spring Trails will be required to comply with and obtain necessary NPDES and SWPPP permits. Portions of Cable Canyon and Meyers Canyon are identified as 100-year flood zones, which are constrained to the deep channels of the creeks, and development is located to avoid these areas and minimize road crossings. Wildland Fire. Because of the adjacent San Bernardino National Forest, steep slopes, and high winds, the Spring Trails area is at risk from wildland fires. To ensure the safety © of lives and property, a detailed fire analysis was conducted and an extensive fire Updated:2/25/2013 by Linda Sutherland G 2256 protection plan was developed for Spring Trails that will protect development from wildland fires. Significant provisions of the fire protection plan include: • The protection of structures through the use of noncombustible exterior building materials, restriction on the use of cornice and eave vents, fire sprinklers, and compliance with the most current fire codes. • Greater levels of structure protection on the perimeters of the project. • Placement of streets on the perimeter of the project to provide a firebreak and a first line of defense against fires. • Adequate access and maneuverability for fire protection vehicles. • Careful placement of fire hydrants and design of structures to facilitate fire suppression efforts and fire hose access. • Strict landscape and use zones, called fuel modification zones, which include private yards and extend approximately 170 to 230 feet from structures. Within the fuel modification zones, there are restrictions on the type, spacing, irrigation, and maintenance of landscaping. • Clear disclosure to potential homebuyers of the fire threat,preventative measures, and individual responsibilities. © • Clear delineation of and maintenance responsibilities for the fuel modification zones. • Aggressive program to educate residents on the fire threat, landscaping requirements, and maintenance responsibilities. High Winds. The City of San Bernardino experiences periods of high winds, especially in the Cajon Pass and at the bottom of canyons. Spring Trails is included in the City's designated High Wind Area, which has certain appropriate building standards. Development in Spring Trails will be required to comply with the building standards for this area and will be designed and oriented to avoid the creation of wind tunnels that concentrate gusts in corridors. Environmental Sensitivity Policy 12.2.3 Pursue voluntary open space or conservation easements to protect sensitive species or their habitats. As noted above, the land plan for Spring Trails proposes development to be focused on 70 percent of the total site, avoiding significant drainage corridors, fault zones, steep slopes, and ridgelines. The remainder of the site will be preserved as open space. This open space, along with the avoidance of development of the on-site drainageways, and Updated:2/25/2013 by Linda Sutherland G Packet Pg. 88 2256 implementation of the project's mitigation measures, will ensure the project will protect sensitive species and their habitats. 2. SP/GPA/DCA/TTM/DA Finding: The proposed project would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. As noted in the analysis, above the project area is located in a high fire hazard/high wind area, and is traversed by the San Andreas Fault in two locations, and by several drainage courses and wildlife corridors. However, an EIR was prepared for the project, which identified the specific impacts associated with these impacts in relationship to the project, and identified mitigation measures to reduce these impacts to a level that is less than significant. The mitigation measures are listed in the Mitigation Monitoring and Reporting Program for the project, which will be included within the project's conditions of approval (Condition No. 5). Additionally, the Specific Plan includes specific development standards for fuel modification zones and landscaping to reduce the risk of fire, wildlife corridor protection, construction adjacent to the fault zones and drainage courses, etc. Additionally, the project will be required to construct all necessary infrastructure (access roads, on-site streets, water and sewer service, etc.). This infrastructure, particularly the new water tanks and related water system, will benefit not only project residents, but also adjacent properties. This is especially important in that the water pressure serving the area will be upgraded, which will be beneficial to fight fires that occur in the area. Further, the parks and trails will be constructed in conjunction with the project, which will be available for use by the public. Finally, the project will be required to pay all required impact fees, and the applicant may establish additional assessment districts to provide for the on-going maintenance of the project's infrastructure as well as the provision of public safety to serve the site. The Development Agreement will establish an agreement between the City and the applicant to provide assurances that the sewer and public park infrastructure required for the project will be constructed. Additionally, the sewer and public park infrastructure will serve properties that are adjacent to the project site. Therefore, as noted above, and in the project's Facts and Findings and Statement of Overriding Considerations, with implementation of the mitigation measures for the project, and with construction of the project's infrastructure, the project will not be detrimental to the public interest, health, safety, convenience, or welfare of the City. 3. GPA Finding: The proposed amendment would maintain the appropriate balance of land uses within the City. The project would accommodate a total of 304 single-family residences (303 new plus one existing). According to the project's DEIR (page 5.11-4), per projections by the Southern California Association of Governments, the project is expected to have a jobs:housing ratio of 2:1, which is considered jobs-rich (an average ratio above 1.5:1 is considered jobs-rich). Therefore, the additional 303 units would help improve this jobs:housing ratio. Further, the City does not currently contain a large supply of upper- end single-family residential units. Therefore, the project would provide a type of housing that is currently unique to the City, and thus maintain the balance of land uses in © the City. Updated:2/25/2013 by Linda Sutherland G 2256 f� 4. GPA Finding: In the case of an amendment to the General Plan Land Use Map, the subject parcel(s) is physically suitable (including, but not limited to, access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints)for the requested land use designation(s)and the anticipated land use development(s). As noted in the Analysis, above, the EIR prepared for the project discussed that the project area is currently located in an area that contains several significant hazards (fire, flooding, earthquakes), and is also currently not served by any infrastructure (roads and utilities do not currently serve the site, except for the existing residence located in the northwestern portion of the site). However, as noted above, the applicant is proposing to construct a full range of infrastructure, including access to the site, internal streets a complete water system including three water tanks (which will also serve ad improve the water pressure of adjacent existing residences), sewer, utilities, parks, and trails However, it should be noted that as of this time, the applicant has not secured all of the property, or obtained easements for,the primary or secondary access roads that are required to serve the site. Additionally, the infrastructure will be designed to withstand earthquakes will avoid the steepest slopes and on-site watercourses, and will be designed with fire buffers, to reduce the probability of the proposed on-site residences from burning. The project will also serve as a buffer from fires for adjacent properties to the south of the site. Note that per the Fire Department lots 30 and 233 must be maintained as open space, due to a lack of adequate fire buffer area,unless the applicant is able to procure additional, off-site buffer area. It should also be noted that there is an existing SCE easement that traverses the western part of the site from north to south, to accommodate an existing ox of 112kv electric transmission lines. Due to the existing topography and the fact that these are major transmission lines, it is unlikely that these lines can be undergrounded. Therefore, the applicant has proposed to maintain the lots located entirely under the power lines as permanent open space, and proposes to locate the building ads outside of the easement for the lots that will contain portions of the easement across them. The project site is surrounded to the north and east by natural open space, and to the south and west by large-lot single-family residential properties and undeveloped land. Through the Spring Trails Specific Plan, the applicant is proposing to concentrate the smallest proposed lots (10,800 square feet minimum) on the southern portion of the site one the least steep slopes. Large lots, up to 18.3 acres in area, are proposed on the northern portion of the site on the steeper slopes. The proposed on-site residences would be separated from the surrounding off-site residences to the south and west by a combination of open space (parks and detention basins), large setbacks, grade differences and a trail. Landscaping and fencing will further block views from the site into adjacent properties. Updated:2/25/2013 by Linda Sutherland G Packet Pg. 90 2256 With the mitigation measures and development standards of the Spring Trails Specific Plan, the project will be designed to be adequately served by infrastructure (which will also serve adjacent properties), to mitigate potential impacts from hazards (and reduce those on adjacent properties) and be consistent with the adjacent single-family residences to the south and west of the project site, consistent with this finding. 5. TTM Finding: The design of the proposed subdivision is consistent with the General Plan. With the General Plan and Development Code Amendments, the design of the proposed subdivision will be consistent with the General Plan. Policy 2.2.1 requires projects to "ensure compatibility between land uses and quality design through adherence to the standards and regulations in the Development Code and policies and guidelines in the Community Design Element." As discussed in the Analysis and in Finding 1, above, the proposed project includes General Plan and Development Code Amendments to establish the Spring Trails Specific Plan as the land use designation for the project and establishes development standards that are unique to the project, which will establish consistency with this General Plan Policy with regard to adherence to regulations in the Development Code. Further, where the Specific Plan is silent on the Development Code standards, the existing Development Standards will apply to the project. Finally, as noted in Finding 1, above, the project will be physically separated from the adjacent residences to the south and west by open space (arks and detention basins) and grade differences. The adjacent off-site residences will be further buffered from the proposed on-site improvements with setbacks,walls and landscaping. 6. SP/TTM Finding: The site is physically suitable for the proposed land use designation(s) and type of development. As discussed in Finding 1, above, with construction of infrastructure to serve the project, and compliance with the project's mitigation measures (refer to Attachment 6) and the development standards set forth in the Development Code and Specific Plan, the site will be physically suitable for the proposed single-family development. Further, due to the on-site topography, which ranges from gently sloping portions to steep slopes and drainage channels with slopes greater than 30 percent, the applicant is proposing to concentrate the majority of the development on the least steep portions of the site, and incorporate the steeper slopes into the larger lots or within the common open space areas within the site, to preserve these areas. 7. TTM Finding: The site is physically suitable for the proposed density of development. As noted in Finding 1, above, the project site is currently located outside the City limits and is designated by the County General Plan as Resource Conservation (RC) and Rural Living, 5-ac. min. Lot size (RL-5), which requires a minimum five-acre lot size. However, the applicant is proposing a Specific Plan, along with General Plan and Development Code Amendments to establish the land use designation of the site as the Spring Trails Specific Plan, which proposes an average lot size of one acre. Further, the ® Specific Plan sets forth development standards unique to the project with regard to Updated:2/25/2013 by Linda Sutherland G 2256 development in the fire hazard and hillside areas, and infrastructure improvements. Additionally, due to the on-site topography, which ranges from gently sloping portions to steep slopes and drainage channels with slopes greater than 30 percent, the applicant is proposing to concentrate the majority of the development on the least steep portions of the site, and incorporate the steeper slopes into the larger lots or within the common open space areas within the site, to preserve these areas. With the implementation of the Specific Plan, the 352.8-acre site will be physically suitable to accommodate the proposed 304 single-family residential lots. 8. TTM Finding: The design of the subdivision is not likely to cause substantial environmental damage, or substantially and unavoidably injure fish of wildlife or their habitat. As noted above, the project site is surrounded by natural open space to the north and east, and partially to the south and west. Cable Creek and other tributaries traverse the site and serve as wildlife corridors. The project has been designed to provide 111.3 acres of natural open space around the north, east and west side of the site abutting the adjacent forest lands and in the southeastern portion of the site, on slopes greater than 30 percent Open space is also proposed within the drainage areas (i.e., Cable Creek and its tributary in the northern portion of the site). In addition, mitigation measures have been required of the project (refer to Attachment 6) to further ensure that wildlife in the vicinity is not disturbed during construction of the site and over the life of the project. However, as noted above, the project will result in significant unavoidable adverse impacts with regard to air quality, noise, traffic and GHG emissions after all applicable mitigation measures are applied. Consequently, also as discussed above,the Statement of Overriding Considerations (Attachment 8), which demonstrates that the project's benefits to the community will override the significant unavoidable adverse impacts, must be approved. 9. TTM Finding: The design of the subdivision is not likely to cause serious public health problems. As noted above, the applicant will be required to construct a full range of infrastructure (access roads, internal streets, utility infrastructure) to serve the project site. Further, the Specific Plan is proposed to establish development standards that are unique to the proposed project, and where the Specific Plan is silent on the Development Code standards, those Development Code standards will apply. The project will be required to comply with the standards of the Development Code and Specific Plan as applicable. However, as noted above, the applicant has not procured all of the property or easements for the primary and secondary access roads that are required to serve the project site. Therefore, if the applicant is unable to procure either the primary or secondary access to service the site,the project will not be able to move forward. Additionally, as noted above, the project will result in significant unavoidable adverse ® impacts with regard to air quality, noise, traffic and GHG emissions after all applicable Updated:2/25/2013 by Linda Sutherland G 2256 mitigation measures are applied. Consequently, also as discussed above,the Statement of Overriding Considerations (Attachment 8), which demonstrates that the project's benefits �y to the community will override the significant unavoidable adverse impacts must be approved. 10. TTM Finding: The design of the subdivision and related improvements will not conflict with any easements, acquired by the public at large, for access through or use of property within the proposed subdivision. The design of the subdivision will not conflict with any public or private easements. All documentation relating to easements and dedications will be reviewed and approved by the City Engineer prior to recordation of the Final Map. Existing easements will be reserved in place or relocated, as necessary. As noted in Finding 1, above the proposed lots that will be located entirely under the existing SCE electric transmission lines will be preserved as open space, while the remainder of the lots proposed within the SCE easement will have their building pad areas located outside of the easement area. 11. SP Finding: The proposed plan shall ensure development of desirable character which will be compatible with existing and proposed development in the surrounding neighborhood. The project site is surrounded by natural open space to the north, east and west, and by single-family residences and vacant properties to the west and south. The existing neighborhood is rural in character. As noted in Finding 1, above, the project is located in the Verdemont Heights subarea of the City's General Plan, which also calls lots with a minimum size of one acre and a rural character. The Specific Plan is proposing single- family lots with a minimum lot size of 10,081 square feet (approximately '/< acre) to over 18 acres, with an average lot size of over one acre. The plan proposes to concentrate the smaller lots on the less steep portions of the site to preserve the areas with steeper slopes as open space. Additionally, slopes will be maintained throughout the interior portion of the site to fiuther break up the concentration of the lots, thus adding to the rural character of the proposed project. Finally, with implementation of the development standards and project conditions of approval (Attachment 3), the Specific Plan will provide for a single- family residential project that will maintain the slopes surrounding the project area as open space and require that lots range from approximately '/a acre to over 18 acres in size to provide compatibility with the surrounding neighborhood. 12. SP Finding: The proposed plan will contribute to a balance of land uses so that local residents may work and shop in the community in which they live. As noted in Finding 3, above, the City is expected to be "job-rich", which means that there will be more jobs than housing units available in the City. The project proposes to add 303 new high-end single-family units to the City's housing stock. This is a type of housing that is not prevalent in the City and therefore, will also add to the variety of housing types available in the City. Such high-quality, low density housing is desirable to attract and retain top quality candidates for positions at the University and other Updated:2/25/2013 by Linda Sutherland G Packet Pg. 93 2256 institutions, and as such would contribute additional residents who would work and shop in the City. 13. DA Finding: The Development Agreement is consistent with any applicable Specific Plan. The Development Agreement will implement all requirements of the Spring Trails Specific Plan. 14. DA Finding: The Development Agreement is consistent with the Development Code. The Development Agreement does not allow any uses or set standards outside of those allowed by Title 19 of the San Bernardino Municipal Code. Conclusion: The proposed project is consistent with the General Plan and the design of the improvements conforms to applicable standards of the Development Code. The Environmental Impact Report has been prepared in accordance with CEQA, including many mitigation measures that will protect public health and safety. Attachments: 1. Ordinance Certifying the Final EIR, approving the Mitigation Monitoring and Reporting Program, adopting the Facts, Findings and Statement of Overriding Considerations, and approving SP 10-01 and DCA 12-10 2. Resolution approving GPA 02-06,TTM 15576 and DA 10-01 3. Conditions of Approval 4. Location and Aerial Maps 5. Tentative Tract Map 15576, date stamped November 1, 2012 6. Mitigation Monitoring/Reporting Program 7. Final Environmental Impact Report, including comments on the Draft EIR and responses to comments 8. Facts and Findings and Statement of Overriding Considerations 9. Spring Trails Specific Plan City Attorney Review: Supportine Documents: Ord 2256 (PDF) EXHIBIT 1 to Ord. (DOCX) Reso 2256 (PDF) EXHIBIT 1 to Reso. (PDF) EXHIBIT 2 to Reso. (PDF) Attachment 3 -Draft COA (PDF) Attachment 4 -Location Map(SPRING TRAILS) (PDF) Attachment 4 - Sphere of Influence Map (SPRING TRAILS) (PDF) ATTACHMENT 5A-TR15576 TTM Sheet 1 (PDF) ATTACHMENT 5B -TR15576 TTM Sheet 2 (PDF) Updated:2/25/2013 by Linda Sutherland G Packet Pg. 94 2256 ATTACHMENT 5C -TR15576 TTM Sheet 3 (PDF) ATTACHMENT 6-MMRP (PDF) ATTACHMENT 7- Spring Trails SP FEIR (PDF) ATTACHMENT 8 - SOC (PDF) ATTACHMENT 9 - Spring Trails SP Oct 2012 Final (PDF) agrmt 2256 (PDF) ATT. 10.1 Dev Agmt Exhibits (PDF) ATTACHMENT 11 -PC Staff report- 11-14-12 (PDF) Attachment 12 - 11.14.12 Minutes APPROVED (PDF) ATTACHMENT 12.A- Correspondence received at 11-14-12 PC mtg. (PDF) ATTACHMENT 13 -PC Staff report- 1-23-13 (PDF) Attachment 14 - 1.23.13 PC Minutes draft (PDF) ATTACHMENT 14.A-Correspondence received at 1.23.13 PC mtg. (PDF) Original Back-up Notice (DOCX) Updated:2/25/2013 by Linda Sutherland G 5.C.a 1 ORDINANCE NO. 2 ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING THE FACTS, FINDINGS AND STATEMENT 3 OF OVERRIDING CONSIDERATIONS; CERTIFYING THE FINAL 4 ENVIRONMENTAL IMPACT REPORT; ADOPTING THE MITIGATION MONITORING AND REPORTING PLAN; AND ADOPTING DEVELOPMENT 5 CODE AMENDMENT NO. DCA 12-10 TO ADD THE SPRING TRAILS SPECIFIC PLAN TO THE LIST OF SPECIAL PURPOSE DISTRICTS AND RECOGNIZE THE 6 SPECIFIC PLAN'S DEVELOPMENT STANDARDS. 7 SECTION 1. RECITALS 8 WHEREAS, the Mayor and Common Council of the City of San Bernardino adopted y 9 the City General Plan by Resolution No. 2005-362 on November 1, 2005;and 2 WHEREAS, the Spring Trails project is within the City's sphere of influence and the 2 10 City determined that a Specific Plan for Spring Trails was appropriate; and w 11 WHEREAS, on November 19, 2009, the Development/Environmental Review M 12 Committee (D/ERC) reviewed plans for the Spring Trails Project ("Project") and c 13 recommended that a Notice of Preparation (NOP) for the Project's Environmental Impact w Report(EIR)be released for public review;and 14 WHEREAS, on November 24, 2009, the City circulated a Notice of Preparation N 15 (NOP) of an Environmental Impact Report (EIR) to responsible agencies, interested parties a 16 and the public to solicit comments and concerns regarding the scope of analysis to be conducted for the Spring Trails Project EIR; and 17 WHEREAS, on December 14, 2009, the City conducted a public scoping meeting to N 18 provide information about the Spring Trails Project and to receive public comments on the p 19 scope of analysis to be conducted for the Spring Trails Project EIR; and d WHEREAS, all comments received at the public scoping meeting and in responses to r 20 the NOP were considered in the preparation of a Draft EIR for the Spring Trails Project, and 21 were incorporated in the Draft EIR; and a 22 WHEREAS, on July 14, 2011, the D/ERC recommended that the Draft EIR be 23 released for public review; and WHEREAS, a Draft EIR for the Spring Trails Project was circulated for a 45-day 24 public review from July 29, 2011 through September 12, 2011, and three comment letters 25 were received by the City; and 26 WHEREAS, a Final EIR for the Spring Trails Project was prepared pursuant to CEQA requirements, including the Draft EIR, technical appendices to the Draft EIR, responses to all 27 comments submitted in response to the Draft EIR, and changes to the Draft EIR; and Q 28 1 Packet Pg. 96 5.C.a 1 WHEREAS, on November 14, 2012, the Planning Commission of the City of San Bernardino held a noticed public hearing on the Spring Trails Project to consider written and 2 oral comments on the Project(except Development Agreement No. DA 11-01),the Final EIR, 3 the Mitigation Monitoring and Reporting Program, and the Facts, Findings and Statement of 4 Overriding Considerations; and WHEREAS, the Planning Commission, after considering the public testimony and 5 Findings of Fact in the staff report, by a vote of 7:0 (with one abstention) recommended that 6 the Mayor and Common Council not adopt the Facts, Findings and Statement of Overriding 7 Considerations, not certify the Final Environmental Impact Report, not adopt the Mitigation 8 Monitoring and Reporting Program, and recommended denial of the Project to the Mayor and Common Council;and 9 WHEREAS, on January 23, 2013, the Planning Commission held a noticed public z 10 hearing to consider public testimony and the staff report on Development Agreement No. DA CL U) 11 11-01; and WHEREAS, the Planning Commission, after considering the public testimony and M 12 Findings of Fact in the staff report, by a vote of 4:2 recommended denial of the Development N 13 Agreement to the Mayor and Common Council;and UJ 14 WHEREAS, notice of the public hearing for the Mayor and Common Council's N consideration of the proposed Ordinance was published in The Sun newspaper on February 8, o 15 2013. N 16 WHEREAS, the Mayor and Common Council conducted a noticed public hearing on 17 February 19, 2013, and fully reviewed and considered the Final EIR; the Mitigation co 18 Monitoring and Reporting Program; the Facts, Findings and Statement of Overriding 2 Considerations; and the recommendation of the Planning Commission with respect to the o 19 Project. E 20 U R 21 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF a SAN BERNARDINO DO ORDAIN AS FOLLOWS: 22 23 SECTION 2. ENVIRONMENTAL IMPACT REPORT FINDINGS 24 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 25 HEREBY MAKES THE FOLLOWING FINDINGS: A. The facts and statements contained in the above-Recitals are true and correct. 26 B. The Final EIR for the Spring Trails Project, comprised of the Draft EIR and 27 technical appendices, a list of all persons and agencies that submitted comments on the Draft O28 EIR, all written comments on the Draft EIR, text changes to the Draft EIR, and written 2 Packet Pg. 97 i 1 responses to all comments, was prepared pursuant to CEQA requirements and is attached as ° "Attachment 7" to the Council staff report dated February 19, 2013, and incorporated herein 2 by reference. 3 C. The Mayor and Common Council exercised independent analysis and judgment in 4 its review of the Spring Trails Project Final EIR, and considered all contents of the Final EIR prior to taking an action on certification of the Final EIR, and prior to making a decision on 5 the Project. 6 D. The Final EIR has identified all significant adverse environmental effects of the 7 Project as set forth in the Facts, Findings and Statement of Overriding Considerations, 8 attached as "Attachment 8" to the Council staff report dated February 19, 2013, and incorporated herein by reference. 9 E. Although the Final EIR identifies certain significant adverse environmental effects c 10 that would result if the Project is approved, all significant adverse environmental effects that Q 11 can feasibly be avoided or mitigated, will be avoided or mitigated by the implementation of v the mitigation measures as set forth in the Mitigation Monitoring and Reporting Plan for the M 12 Final EIR. The Mitigation Monitoring and Reporting Plan is attached as "Attachment 6" to N 13 the Council staff report dated February 19,2013, and incorporated herein by reference. w o: 14 F. Potential mitigation measures and other Project alternatives not incorporated into or adopted as part of the Project were rejected as infeasible, based on specific economic, social o 15 or other considerations as set forth in the Facts, Findings and Statement of Overriding " 16 Considerations. M 17 G. The Mayor and Common Council has given great weight to the significant N 18 unavoidable adverse environmental impacts identified in the Final EIR. The Mayor and Common Council find that the significant unavoidable adverse environmental impacts are ° 19 clearly outweighed by the economic, social and other benefits of the Project as set forth in the E 20 Facts, Findings and Statement of Overriding Considerations. 21 H. The Mayor and Common Council hereby finds that the findings contained in the a Facts, Findings and Statement of Overriding Considerations with respect to the significant 22 impacts identified in the Final EIR for the Spring Trails Project, are true and correct, and are 23 based on substantial evidence in the record,including documents comprising the Final EIR. 24 1. The Final Environmental Impact Report; Mitigation Monitoring and Reporting Plan; 25 and the Facts, Findings and Statement of Overriding Considerations reflect the independent review, analysis and judgment of the Mayor and Common Council of the City of San 26 Bernardino. 27 © 28 !!/ 3 PacketPg. 98 5.C.a I SECTION 3. CERTIFICATION OF THE ENVIRONMENTAL IMPACT REPORT THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 2 HEREBY FIND that the Final EIR for the Spring Trails Project (SCH #2009111086) is 3 adequate and complete in that it addresses the environmental effects of the Project and fully 4 complies with the requirements of the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City's Environmental Review Procedures. The Final EIR is 5 hereby certified; the Facts, Findings and Statement of Overriding Considerations are hereby 6 adopted; and the Mitigation Monitoring and Reporting Plan is hereby adopted. 7 SECTION 4. DEVELOPMENT CODE AMENDMENT 12-10 8 Development Code Amendment No. DCA 12-10 (attached as Exhibit 1 to this R 9 Ordinance and incorporated herein by reference) is hereby approved based upon the Findings 10 of Fact contained in the Staff Report to the Mayor and Common Council dated February 19, a 2013, and incorporated herein by reference. Development Code Section 19.10.030 is hereby v). 11 amended to add Subsection(7)as shown in Exhibit 1. M M 12 0 SECTION 5. NOTICE OF DETERMINATION N vi 13 In accordance with the provisions of this Ordinance, the Planning Division is hereby W 14 directed to file a Notice of Determination with the County of San Bernardino Clerk of the N 15 Board of Supervisors certifying the City's compliance with the California Environmental .0 16 Quality Act in preparing and adopting the Final Environmental Impact Report; the Facts, Findings and Statement of Overriding Considerations; and the Mitigation Monitoring and 17 Reporting Plan for the Project. The Planning Division shall forward a copy of the Notice of N 18 Determination to the State Clearinghouse. o 19 v Ifl E 20 21 a 22 23 24 25 26 27 28 4 PacketPg.99 S.C.a ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN i BERNARDINO ADOPTING THE FACTS, FINDINGS AND STATEMENT OF 2 OVERRIDING CONSIDERATIONS; CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT; ADOPTING THE MITIGATION 3 MONITORING AND REPORTING PLAN; AND ADOPTING DEVELOPMENT 4 CODE AMENDMENT NO. DCA 12-10 TO ADD THE SPRING TRAILS SPECIFIC PLAN TO THE LIST OF SPECIAL PURPOSE DISTRICTS AND RECOGNIZE THE 5 SPECIFIC PLAN'S DEVELOPMENT STANDARDS. 6 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor 7 and Common Council of the City of San Bernardino at a meeting thereof, held on 8 the day of 2013,by the following vote to wit: 9 m 10 a y 11 Council Members: AYES NAYS ABSTAIN ABSENT M 12 MARQUEZ 0 JENKINS w 13 W VALDIVIA 14 SHORETT c 0 15 KELLEY " 16 JOHNSON W 17 MC CAMMACK N 18 0 19 Georgeann Hanna, City Clerk s 20 ° 21 The foregoing Ordinance is hereby approved this day of 12013, a 22 23 PATRICK J. MORRIS,Mayor 24 City of San Bernardino 25 Approved as to form: 26 JAMES F. PENMAN City Attorney 27 ® 28 B 5 Packet Pg. 100 EXHIBIT 1 CHAPTER 19.10 SPECIAL PURPOSE DISTRICTS 19.10.030 LAND USE DISTRICT SPECIFIC STANDARDS 7. Specific Plan No. 10-01, Spring Trails a L This Specific Plan district is intended to provide for the development of 304 single-family m lots, 107.8 acres of open space, hiking trails, roadways and three detention basins on the S 352.8-acre project site formerly known as the Martin Ranch. The site is located in the unincorporated area of Verdemont in San Bernardino County, north of Meyers Road and northwest of the northerly terminus of Little League Drive. M 0 N Lu W L Q O V r W_ X W E L V A a Pagkptpg.101 5.C.c Original Back-up Documentation N for this item may be viewed in the .Q City Clerk's Office M M r Second Floor, City Hall N W v u 0 Z CL Y U m m m c .P O c m E t U R a PacketPg. 102