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HomeMy WebLinkAbout01-Development Services f CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: James Funk, Director Subject: Resolution adopting the General Plan Update, which includes the University District Specific Plan and Arrowhead Springs Specific Plan. Dept: Development Services Date: October 24, 2005 MCC Date: November 1, 2005 Synopsis of Previous Council Action: 2001 - The Mayor and Common Council directed staff to proceed with an update to the City General Plan. Recommended Motion: That the hearing be closed and said Resolution be adopted. n~ Contact person: V::l!prip r R()<:<:/Tprri R::lnn::ll Phone: 'i()'i7 Supporting data attached: Staff Report & Resolution Ward: Citywide FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct. Description) Finance: Council Notes: Agenda Item No. -l /I / J //)5' CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: Resolution adopting the General Plan Update, which includes the University District Specific Plan and Arrowhead Springs Specific Plan. BACKGROUND Please refer to the Planning Commission staff report (Exhibit 1) for a complete discussion. At their meeting of October 11,2005, the Planning Commission recommended adoption of the Updated General Plan, the University District Specific Plan, and the Arrowhead Springs Specific Plan. Commissioners Brown, Coute, Heasley, Morris, Powell, and Sauerbrun voted in favor of the motion. Commissioners Durr and Enciso were absent. The Commissioners were unanimous in their support of the General Plan and the vision it sets for the City. They expressed their pride in being a part of the process, and being a part of the City. They were pleased that the General Plan emphasizes opportunities throughout the City. FINANCIAL IMPACT N/A RECOMMENDATION Staff recommends that the Mayor and Common Council adopt the resolution, which adopts the Updated General Plan, which includes the University District Specific Plan and Arrowhead Springs Specific Plan. Exhibits: I Planning Commission Staff Report Attachments A Replacement pages for Draft General Plan* B Replacement pages for University District Sp* C Revised Draft Arrowhead Springs Specific Plan* D Final Program Environmental Impact Report* E Draft Facts, Findings, and Statement of Overriding Considerations F Mitigation Monitoring and Reporting Program - General Plan G Mitigation Monitoring and Reporting Program - Arrowhead Springs H Letter received September 26,2005 from US Forest Service I Letter received September 28,2005 from Metropolitan Water District 2 Resolution * Distributed under separate cover SUMMARY CITY OF SAN BERNARDINO PLANNING DIVISION CASE: City of San Bernardino General Plan Update, University District Specific Plan and Arrowhead Springs Specific Plan. I October II, 2005 Citywide AGENDA ITEM: HEARING DATE: WARD: APPLICANT: City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 909.384.5057 CONSULTANT: The Planning Center 1580 Metro Drive Costa Mesa, CA 92626 714.966.9220 REQUEST/LOCA TION: General Plan Update - a comprehensive update of the General Plan, a policy and planning document which applies throughout the City of San Bernardino and the unincorporated sphere of influence. University District Specific Plan - a streetscape and design plan aimed at creating a University District identity for the area surrounding the California State University campus and integrating the University District with the rest of the City of San Bernardino. Arrowhead Sprimzs Specific Plan - a planned development including the historic Arrowhead Springs Hotel, a new hotel and convention center, offices, 1,350 residences, a commercial center, golf course, parks and open space. ~-- CONSTRAINTS/OVERLA YS: ~ All Overlay Maps Included in the General Plan Update ENVIRONMENTAL FINDINGS: o Not Applicable o Exempt o No Significant Effects o Mitigated Negative Declaration and Mitigation Monitoring Plan ~ Environmental Impact Report (SCH# 2004111132), Mitigation Measures, Mitigation Monitoring and Reporting Program, and Facts, Findings and Statement of Overriding Considerations STAFF RECOMMENDATION: r8:1Approval OConditions ODenial DContinuance to: General Plan Update University District Specific Plan Arrowhead Springs Specific Plan Hearing Date: 10./1.05 Page 2 of J I REQUEST AND LOCATION GENERAL PLAN: The General Plan is a policy document required by state law that guides land use and development within the City over a planning horizon of approximately 20 years. The City General Plan covers a planning area of approximately 45,231 acres (71 sq. mi.). Approximately 38,402 acres (60 sq. mi.) of the planning area is within the existing City limits and approximately 6,829 acres (11 sq. mi.) is unincorporated area within the City's sphere of influence. General Plan policies address many interrelated topics. State law mandates that General Plans address the issues of Land Use, Circulation (including transportation & infrastructure), Safety (including seismic and other natural hazards), Housing, Noise, Conservation and Open Space. Flexibility is permitted in the organization of the General Plan, as long as all the mandatory elements are included. The General Plan Update has maintained the organization of General Plan elements adopted in 1989, as follows: . Land Use - The Land Use Element is the heart of the General Plan document. It contains the land use district map and defines each land use district in terms of the type and intensity of development to be permitted. This element contains growth projections based on what the land use plan would ultimately accommodate upon "buildout". The goals and policies of the Land Use Element provide guidance necessary to work toward desired conditions, as articulated in the Vision Statement of the Introduction. The update of the Land Use Element also includes new improvement strategies for several key areas of the City, including major corridors and activit~_~enters. . Housing - The Housing element was updated in 2002, according to the statutory update schedule established by the State Department of Housing and Community Development (HCD). The General Plan Update incorporates the 2002 Housing Element with no revisions other than format changes. A new Regional Housing Needs Assessment (RHNA) has not been funded by the State yet, so it will be a few years before the next Housing Element update will be required. . Economic Development - 'This is an optional element, not mandated by the State. The policies and strategic;s of this element focus on expansion of the local economy through new development. More specifically, the primary goal of the element is to attract and encourage development that will enhance the fiscal health of the City and provide jobs for City residents. . Community Design - Another optional element, the Community Design policies of the General Plan are aimed at providing design standards and guidelines to encourage unique character for individual areas, while using streetscapes, gateway monuments and other features to maintain a distinct San Bernardino identity throughout the City. , General Plan Update University District Specific Plan Arrowhead Springs Specific Plan Hearing Date: 10.11.05 Page 3 of I 1 . Circulation - The Circulation Element contains the Circulation Plan, a master plan of the City street system, which designates the ultimate right-of-way and alignment of streets. The Circulation Plan is consistent with the City traffic model, and has been tested through the model to confirm that the future/ultimate street network will be adequate to serve the future/buildout conditions projected in the Land Use Element. . Public Facilities and Services - The primary focus of the Public Facilities and Services Element is provision of Police and Fire protection services. It contains policies and standards for ensuring adequate Police and Fire protection as growth occurs in the City. This element also contains goals and policies related to providing community centers, libraries and cooperating with other agencies to provide schools and higher education. . Parks, Recreation and Trails - This element includes an inventory of open space resources and policies for maintaining and developing parks, trails and other recreational amenities. . Utilities - The Utilities Element details plans and policies for provision of utilities, primarily water, wastewater collection and treatment, stormwater drainage, and collection and disposal of solid waste. . Safety - The Safety element contains hazard overlay maps and policies to protect the public ~om geologic hazards, flooding, wildfires and hazardous materials. . Historical and Archaeological Resources - Another optional element, this portion of the General Plan identifies sensitive cultural resources within the City and sets forth policies for continuing identification and protection of those resources. . Natural Resources and Conservation - The focus of this element is protection of natural resources such as sensitive habitat and air quality. It also addresses policies and requirements for efficient and responsible extraction of mineral resources, in compliance with the State Surface Mining and Reclamation Act (SMARA). . Energy and Water Conservation - This element contains policies that encourage energy conservation, including energy-efficient building design standards and guidelines. The water conservation portion includes policies to protect the supply and quality of groundwater and surface water through comprehensive watershed management. . Noise - The Noise element identifies and quantifies significant noise sources within the City, and contains policies to protect the public from exposure to excessive noise levels. SPECIFIC PLANS: Two Specific Plans are proposed concurrent with the General Plan Update, and are included in the project description and impact analysis of the General Plan EIR: General Plan Update University District Specific Plan Arrowhead Springs Specific Plan Hearing Date: 10.11.05 Page 4 of /I . The University District Specific Plan is a plan focused on aesthetic improvements in public rights-of-way, designed to identify the California State University, San Bernardino campus and integrate the University District with the surrounding community. No changes to existing and planned land uses are proposed in the University District Specific Plan. . The Arrowhead Springs Specific Plan is a planned development proposal for the area surrounding the historic Arrowhead Springs Hotel. This specific plan proposes expansion of the historic hotel and spa/resort, an 18-hole public golf course, multi-use recreational amenities, a new hotel and conference center with office space, 1,350 residential units and a "village" commercial center. The specific plan encompasses a total of 1,916 acres, of which 1,400 acres will be preserved as open space. BACKGROUND The City hired The Planning Center to update the General Plan, prepare the University District and Arrowhead Springs Specific Plans and prepare environmental documentation as required by the California Environmental Quality Act (CEQA). Transtech Engineers was hired to perform engineering services as a subcontractor to The Planning Center. The scope of the General Plan Update was specifically defined to ensure that the General Plan would be improved and refined, but that valid and effective contents would be retained. Therefore, the first step in the General Plan Update process was to hold a series of community outreach meetings and stakeholder interviews to establish a vision statement for the General Plan and to identify desired changes. Upon completion of preliminary drafts of the General Plan and associated specific plans in October 2004, individual briefing meetings were scheduled to present the documents to the Mayor, Council Members and Planning Commissioners for initial review. As the draft documents were prepared, background data were compiled and an Initial Study was prepared pursuant to the requirements of the California Environmental Quality Act (CEQA). CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) On November 4, 2004, the Development/Environmental Review Committee (D/ERC) considered the Initial Study and determined that an Environmental Impact Report (EIR) would be required. A Notice of Preparation of a Program EIR and notice of an environmental scoping meeting was published in The San Bernardino County Sun, posted with the Clerk of the Board, circulated through the State Clearinghouse, distributed to public agencies and interested parties, and posted on the City's web page for a 30-day comment period from November 29, 2004 through December 28, 2004. The scoping meeting was held on December 14,2004. Comments received in response to the Notice of Preparation were considered in the preparation of a Draft Program EIR. The Draft Program EIR was 'prepared by The Planning Center. A Notice of Completion! Notice of Availability was published in The San Bernardino County Sun. posted with the General Plan Update University District Specific Plan Arrowhead Springs Specific Plan Hearing Date: 10.//.05 Page 5 of II Clerk of the Board and distributed to interested parties for a 45-day public review period from July 25,2005 through September 8,2005. It was also distributed with the Draft l!rogram EIR to the State Clearinghouse and responsible agencies, made available for review with the Draft Program EIR at City Hall and the Feldheym Library, and posted with the Draft Program EIR on the City's web page. Four comment letters were received within the fonnal comment period, from the Morongo Band of Mission Indians, the Southern California Association of Governments (SCAG), Omnitrans and the Center for Biological Diversity. Agencies requesting extension of the comment period were given until September 16, 2005 to submit comment letters. Three agencies submitted late comments that were included in the Final Program EIR: The State Clearinghouse, Caltrans and the Local Agency Fonnation Commission (LAFCO). At its meeting of September 29,2005, the Environmental Review Committee detennined that draft responses to comments proposed for inclusion in the Program Final EIR adequately addressed the comments received. After independent review, analysis of the Draft Program EIR, comments received, responses to comments, and the Mitigation Monitoring and Reporting Program (Attachment E), and exercising independent judgement in making its detennination, the Environmental Review Committee recommended certification of the Program Environmentallmpact Report. The Final Program EIR. comprised of responses to comments on the Draft Program EIR and revisions to the EIR made to respond to comments received, was completed and distributed to commenting agencies on October 1, 2005. Two comment letters were received after com.e!etion of the Final Program EIR: . A letter from the United States Forest Service (Attachment F) was received on September 26,2005. It expresses general concerns about land use planning and fire protection along the boundaries of the City adjacent to the National Forest, as well as site-specific concerns about the potential impacts of the Arrowhead Springs Specific Plan. The letter requests that USFS staff be consulted on these issues and that they be included in the planning and development review process for projects adjacent to the National Forest, including Arrowhead Springs, With the full cooperation of American Development GroIJP, the proponent of the Arrowhead Springs Specific Plan, staff is responding to the Forest Service by acknowledging their concerns and agreeing to include them in the review of plans as requested. . . A letter from the Metropolitan Water District (Attachment G) was received on September 28,2005. The letter infonns the City of the MWD Rialto Pipeline, a 121-inch pipeline located partly within MWD-owned property and partly within MWD easements. MWD requests that the General Plan be amended to change the land use designation of all property containing the MWD Rialto Pipeline to Public Facility, in order to protect MWD access to the pipeline. Staff is preparing a response to MWD, basically stating that this is not a CEQA issue, and that the current property ownership and easements held by MWD should be adequate to ensure access to the facility without amending the General Plan. General Plan Update University District Specific Plan Arrowhead Springs Specific Plan Hearing Date: JO.lJ.05 Page 6 of J J FACTS FINDINGS AND OVERRIDING CONSIDERATIONS The Program Enviromnental Impact Report concludes that implementation of the General Plan Update and University District Specific Plan will result in significant and unavoidable adverse impacts with regard to air quality, noise and cwnulative impacts on the State highway system. Implementation of the Arrowhead Springs Specific Plan will result in significant unavoidable adverse impacts on air quality, cultural resources and noise levels. Specific findings regarding the level of significance ofall impacts and benefits of the program that warrant consideration for approval despite the significant impacts are presented in the Statement of Facts, Findings and Overriding Considerations (Attachment E). The following is a sample of the benefits/overriding considerations cited and discussed in Attachment E: Benefits of the General PlanlUniversitv District Specific Plan: . Provides a unifying 20-year vision for the future of the City of San Bernardino . Provides new strategies for revitalization of commercial corridors and other key locations . Plans for provision of transportation improvements additional facilities and services Benefits of the Arrowhead Springs Specific Plan: . Provides for a variety of housing choices in a unique location . Expands on historic and natural assets to attract visitors from throughout the region . Provides resort amenities, including a golf~9urse, commercial village and 2,530 jobs . Provides a net recurring fiscal surplus to the City of over $5 million annually . Provides infrastructure improvements required to serve the project site that will serve and enhance the surrounding area as well MITIGATION MONITORING AND REPORTING PROGRAM The Draft Mitigation Monitoring and Reporting Program (MMRP) has been prepared in accordance with Section 21081..6 of the Public Resources Code, to ensure compliance with mitigation measures of the Program Enviromnental Impact Report during all phases of implementation of the General Plan Update and associated specific plans. It lists each mitigation measure, specifies the appropriate timing of its implementation and identifies the party responsible for verifying and monitoring compliance with the measure. The MMRP has been divided into two documents to simplify implementation. Most of the measures in the MMRP for the General Plan and University District Specific Plan (Attachment F) are requirements to be implemented as policy on an ongoing basis or on a case-by-case basis for development projects. One exception is Mitigation Measure 5.14-1, which adds improvement recommendations to the Circulation Element. If the MMRP is approved, the revision will be incorporated in the Circulation Element upon adoption of the General Plan. The MMRP for the Arrowhead Springs Specific Plan (Attachment G) contains measures to be implemented throughout the process of site-specific planning and development of the project site. General Plan Update University District Specific Plan Arrowhead Springs Specific Plan Hearing Date: /0.11.05 Page 7 of II CONGESTION MANAGEMENT PROGRAM (CMP) A Traffic Impact Analysis (TIA) was prepared for the Arrowhead Springs Specific Plan, pursuant to the requirements of the San Bernardino County Congestion Management Program (CMP). The analysis, conclusions and mitigation measures identified in the TIA were incorporated in the traffic analysis of the Draft EIR and Mitigation Monitoring and Reporting Program, and the TIA is included in the appendices of the Draft EIR. On August 3, 200S, the TIA was distributed to the County of San Bernardino, Caltrans, and SANBAG, in compliance with the CMP. No comments were received from reviewing agencies. FINDINGS OF FACT - GENERAL PLAN UPDATE (AMENDMENT) J. Is the proposed amendment internally consistent with the General Plan? Yes, all elements of the General Plan have been updated in a coordinated way, ensuring internal consistency of the General Plan document. 2. Would the proposed amendment be detrimental to the public interest, health. safety. convenience. or welfare of the City? No, the proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City. The Program EIR contains an analysis of potential impacts related to the proposed amendment. Although the Program EIR identifies significant adverse environmental impacts, the proposed CEQA findings indicate that the potential benefits of the 'General Plan and associated specific plans outweigh the potential environmental impacts. 3. Would the proposed amendment maintain the appropriate balance of land uses within the City? With few exceptions, the Draft General Plan maintains the existing General Plan land use designations. Therefore, the appropriate balance of land uses reflected in the current General Plan is maintained by the proposed General Plan Update.- 4. With regard to proposed amendments to the General Plan Land Use Map. are the subject parcels physically suitable (including but not limited to, access. provision of utilities. compatibility with adjoining land uses, and absence of physical constraints) for the requested land use designations and the anticipated land use development? Very few properties are proposed for land use designation changes through the General Plan Update. The properties are identified specifically in the Program Environmental Impact Report, which presents the rationale for each proposed change and discusses the suitability, including physical characteristics of each proposed site for the proposed land use designation. General Plan Update University District Specific Plan A "owhead Springs Specific Plan Hearing Date: 10.//.05 Page 8 of J J FINDINGS OF FACT - UNIVERSITY DISTRICT SPECIFIC PLAN J. Is the proposed specific plan consistent with the General Plan? Yes, the University District Specific Plan is consistent with goals and policies of the existing General Plan, as well as revised policies of the proposed General Plan Update, as follows: Goal 2.3 - Create and enhance dynamic, recognizable places for San Bernardino's residents, employees and visitors. 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 2.3.4 - Develop a cohesive theme for the entire City, as well as sub-themes for neighborhoods to provide identity, help create a sense of community and add to the City's personality. 2. Would the proposed specific plan be detrimental to the public interest. health. safety. convenience, or welfare of the City? No; the University District Specific Plan would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. The proposed specific plan would enhance the aesthetic appearance and thematic identity of the University District. Public improvements, landscape design and signage programs of the specific plan would create a sense of "place" to make the University District a distinct neighborhood, well integrated with the City. 3. Is the subject site physically suitable for the requested land use designations and the anticipated land use development? Yes, the University District is physically suitable for the improvements proposed by the University District Specific Plan. The specific plan does not propose different land use designations or any particular land development. Improvements proposed by the specific plan are design features to be incorporated in existing public rights-of-way, or that may be reflected in private land development as consistent themes for on-site signage, landscape or public art. 4. Would the proposed specific plan ensure development of desirable character which would be compatible with existing and proposed development in the surrounding neighborhood? Yes, the University District Specific Plan is focused on enhancing the character ofan existing neighborhood of the City. Adoption of the design features in the specific plan will ensure desirable character of future public improvements, whether installed by the General Plan Update University District Specific Plan Arrowhead Springs Specific Plan Hearing Date: 10.1/.05 Page 9 of 11 City or by private development. The themes of the specific plan should also carry into on-site improvements of future development projects. 5. Would the proposed specific plan contribute to a balance of land uses so that local residents may work and shop in the community in which they live? Yes, although the University District Specific Plan does not propose changes to land use designations, it would enhance the community design elements that promote the convenient balance of land uses existing and planned for the University District. FINDINGS OF FACT - ARROWHEAD SPRINGS SPECIFIC PLAN J. Is the proposed specific plan consistent with the General Plan? Yes, the Arrowhead Springs Specific Plan is consistent with goals and policies of the existing General Plan, as well as revised policies of the proposed General Plan Update, as follows: Goal 2.2 - Promote development that integrates with and minimizes impacts on surrounding land uses. Policy 2.2.4 - Hillside development and development adjacent to natural areas shall be designed and landscaped to preserve natural features and habitat and protect structures from threats from natural disasters, suclcas wildfires and floods. Goal 4.4 - Enhance, maintain and develop recreational, cultural, entertainment and educational facilities within the City. Goal 11.4 - Protect and enhance our historic and cultural resources. 2. Would the proposed specific plan be detrimental to the public interest, health, safety, convenience, or welfare'ofthe City?- No, the Arrowhead Springs Specific Plan would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. The proposed plan would enhance the balance and variety of commercial and residential land uses in the City, in the interest of public welfare and convenience. The land use plan and development standards conform to all applicable and current health and safety standards. Also, in the interest of the public, the Arrowhead Springs Specific Plan respects the natural environment in the layout of the proposed development plan and the extensive dedication of natural open space on the project site. 3. Is the subject site physically suitable for the requested land use designations and the anticipated land use development? General Plan Update University District Specific Plan Arrowhead Springs Specific Plan Hearing Date: 10./1.05 Page 10 of II Yes, the site is physically suitable for the land use designations and development plan proposed by the Arrowhead Springs Specific Plan. The land use plan has-been . designed to confonn to the physical features of the site, beginning with a scale model of the existing terrain and the existing historic hotel structure. New development proposed by the specific plan was added to the model to maintain respect for the prominence of the existing hotel, the natural setting of the existing landfonn and sensitive natural resources on the project site and in the surrounding area. The site is physically suitable for the proposed project because the project was designed specifically to confonn to the existing physical conditions of the site. 4. Would the proposed specific plan ensure development of desirable character which would be compatible with existing and proposed development in the surrounding neighborhood? Yes, the Arrowhead Springs Specific Plan includes a detailed development plan, development standards and design requirements that will ensure compatibility with the historic Arrowhead Springs Hotel, as well as the surrounding development and undeveloped open space. The land use plan and development standards of the specific plan have been designed to ensure the highest quality of development, in a context that would be compatible with the historic use of the property, while maintaining an appropriate buffer and interface with surrounding open space and wildlands. 5. Would the proposed specific plan contribute to a balance of land uses so that local residents may work and shop in the com~!:mity in which they live? Yes, the hotels, convention center, office spaces and commercial village proposed within the Arrowhead Springs Specific Plan will provide a broad range of employment opportunities for future residents of the project site, as well as nearby residents in other areas of the City. The specific plan will improve the balance ofland use within the City, by providing commercial and office floor space to attract new businesses to the City and additional shopping and recreational opportunities for City residents and visitors to the hotels and convention center. CONCLUSION All Findings of Fact can be made to support approval of the General Plan Update, the University District Specific Plan and the Arrowhead Springs Specific Plan. General Plan Update University District Specific Plan Arrowhead Springs Specific Plan Hearing Date: 10. /l.OS Page /l of /l RECOMMENDA nON Staff recommends that the Planning Commission recommend that the Mayor and Common Council: . Certify the Environmental Impact Report, . Adopt the Facts, Findings, and Statement of Overriding Considerations, . Adopt the Mitigation Monitoring and Reporting Program, . Certify the Traffic Impact Analysis, . Approve the General Plan Update, . Approve the University District Specific Plan, . Approve the Arrowhead Springs Specific Plan. Respectfully Submitted, YdJM;u.RW' James Funk Director of Development Services Terri Rahhal Principal Planner Attachments A B C D E F G H I Replacement pages for Draft General Plan distributed Oct. 2004. Replacement pages for University District SP distributed Oct. 2004. Revised Draft Arrowhead Springs Specific Plan. Final Program Environmental Impact Report. (distributed under separate cover October 4, 2005) Draft Facts, Findings, and Statement of Overriding Considerations Mitigation Mo~itoring and Reporting Program - General Plan Mitigation Monitoring and Reporting Program - Arrowhead Springs Letter received September 26, 2005 from US Forest Service Letter received September 28,2005 from' Metropolitan Water District .Posted on City web page, www.sbcitv.org for public review. A TT ACHMENT H .~ Vllil.' SIaIC5 Dcp.l1n~nt or Acric:ultur.. ForllS1 Scrvlca San Bernardino NIUollIIFortst 1124 S Co_uClInln (.;ircle Sin Bemlnr_. CA 92401 "'-313-5511 (Voice) '"-313-5170 (FAX) '09-313."1' (TrY) File C..,"-, 1500 DII..: September Hi, 200.5 Terri Ranhal-Principal Planner City of San Bernarwno Development Services Department 300 N. I) Slr"t San Bernardino, CA 92418-0001 Dear Teln. Thank you for che opportUnlty to conunenl un the City of San Bernardino GeneraJ t'lan and Associat:d Specific Plan. Draft EIR.. We also thAnk' you for your willinsnes& to Sl'lII'1l III extension Co the comment period and hope to avoid Ihe cin:umsUlnces thot warnnted the extension in the future. Alia, please lend any ruture documentation and correspondence or general or specific development plans wilhin pro~imity or directly adjucent to the San Bernardino National Forest (SBNF) directly to the Front Counlry Ranger District Office in Lytle Creek, IS well IS &he Supervisor.s Office in San Bernardino. USDA-Forest Service Lyric Creek Ranger Station AUn; ulflds lIfld Special Uses 1209 Lytle r.rMIc Road Lytle Creek. CA 92358 USDA-Forest Service Supervisor's Office AUn: Landi ami Special Use~ 1824 S. Commercenrer Circle San Bernardino, CA 92408 Generally, our conccrns are rclated 10 the undev..cs portions of the tity and 11$ sphcre of influence thaI directly border or are within close pro~imity to the SBNF. Specific areas ot' concern include wildfire management; maintenollce Ofboth admlnistrarive alld public access 10 open spllt:e and recreation on the SBNF; biological resourcrs; surveyed landline boundaries; and watershe.t and I!rOJ;;on impu,'u. Our specific conunentl are inc:luded as IIn enclosul'e. Pleuc COntaCt (he rollowing staff directly with any questions about these comments: Ale.. Dunn Planning Specialist 909-382-2709 Steve Loe Fnre~t BiologIst 909-382-2724 OO[gs~~~~;[g[Q) CITY OJ' SAN B~""""rlU'NO DEVELOPMENT SEt(vICES DEPARTMENT m Carlag for the Llad and Sc"1na PlIOple "...VhM.. ...,.. ,.... 0 Specific Comments on City of San Bernardino General and Specific Plans General Plan and Arrowhead Springs Specific Plan We support the policies that require working with the Forest Service and other agencies in the development of specific plans and development projects. As shown on Volume I page II-I-Organizations and Persons Consulted-the San Bernardino National Forest has not been consulted on either the General Plan Revision or Specific Plans. With the significance of the fire management, administrative access, and biological issues, etc. in this area of shared ownership, the lack of consultation to this point does not seem to be consistent with the policies laid out in the plans regarding involvement of the Forest Service. We request that the City provide specific opportunities for both written and face-to-face consultation as the development of these plans continues, as well as during future specific development proposals within proximity or directly adjacent to National Forest lands, or where the areas of concern enumerated below may directly or indirectly, individually or cumulatively affect National Forest lands andlor resources. I. Wildland Fire Management City General Plan- Wildfire in the foothill areas of the City are recurring, natural processes. Wildland fire's return to the landscape is not a matter of if, but rather when, and with what consequences. The most recent Old Fire of 2003 is a testament to the negative environmental impacts of fire when not properly mitigated. To effectively manage a fire;:safe private land environment, as well as a fire- safe public land environment, specific measures'hIust be implemented to prevent fire spread from both public land onto private and from private onto public. The latter scenario can create an economic liability as fire spreading from an adjacent private land onto public land can carry with it a high suppression cost liability for the private landowner while creating negative environmental impacts for National Forest resources. As such, specific design and mitigation measures aimed to reduce the susceptibility of private property and lives as well as the environmental damage to National Forest resources from the hazards posed by wildland fire should be encoded in general plan policies and strictly enforced by the City. The Foothill Communities Protective Greenbelt program (FCPGP) contains an excellent template of measures that would increase the likelihood that ,when fire inevitably re-visits the landscape, it will not create severe negative economic, social, and environmental consequences. The following are policies that we would like to see integrated into the General Plan: I. An assessment of what potential wildfire hazards exist on the private lands encompassed by a proposed development and the adjacent or bordering public lands should be independently assessed by an independent, professional wildland fire consultant hired by the City, not the developer, although the City may request that the developer pay for the cost of consultation. The report should be shared widely with the firefighting agencies with mutual aid responsibility. 2. The City should establish and maintain productive communication with the Forest Service and ask for their involvement in assessing the wildland fire hazards on both adjacent National Forest lands and the specific development so that the Forest may suggest mitigation measures, ensure administrative access to National Forest, as well as other measures, as indicated in General Plan Policies 2.2.4 and more specifically Policy 10.11.2: "Work with the U.S. Forest Service and private landowners to.. .minimize wildfire risks in the foothill areas of the city". 3. The City should require fuel modification zones, or "firebreaks" as they are referred to in the Arrowhead Springs Specific plan, that are fully contained on private land, and not rely on public lands for these fuel modification zones. Further, the maintenance of these zones is a key aspect to their effectiveness and should be planned for and required during the design and approval process. The maintenance of firebreaks should be accomplished by a neighborhood or development-wide "special district", or something similar, such that fees collected by this district will pay for the maintenance of the firebreak system, and so that individual homeowners are not responsible for the maintenance of the firebreaks individually. Individual responsibility for maintenance leads to inconsistent implementation, thus rendering the firebreak ineffective. 4. The design of the firebreaks (width, fuel modification method, fire behavior analysis on the remaining fuel, maintenance schedule, and other considerations) should be a joint effort among the professional Fire Agencies with joint responsibility under mutual aid agreements for suppression in that area, and infonned by the aforementioned independent consultant hired to assess and suggest mitigation measures for wildland fire hazard. 5. The City should strive to design spaces, within the proposed development, where helicopter landing zones can be accommodated. These need not be designed solely for the purpose of landing zones but rather so that, in the case of an emergency event such as wildfire, a helicopter can land and potentially fill up with water for fire suppression purposes. Examples of this type of area that can double as an emergency helicopter landing zone would be a park, open space, parking lot, or cul-de-sac where fire hydrants or other water sources can be accessed. >~ 6. The city should encourage and strive to include perimeter roads as part of the design process for developments that border National Forest. These roads can not only effectively serve as ingress points for suppression forces to extinguish fire starts, but also can double as another firebreak or anchor point from which to burn out vegetation during suppression operations. Arrowhead Sorings Soecific Plan- Administrative Access and Perimeter Roads: 1. The Forest has had an arrangement with the current owners of the Arrowhead Springs property to have access to Forest Road 1 N24 and the upper Strawberry Creek Drainage for Forest Service administration and fire suppression. In figure 3.3-11 Arrowhead Springs Property Easements, Forest Road IN24 is not indicated as a legal ROW. We ask that the city work with the Forest Service to continue this access by way of new legal ROW access for administrative purposes such as fire suppression as well as possible public access to National Forest lands. We are open to creative arrangements to provide for this legal ROW. Please contact the Front Country District for further discussion. 2. According to Figures 3.3-4 Arrowhead Springs Land Use Plan and 3.3-5 Arrowhead Springs Circulation pl,an, no perimeter roads have been included in the design of this project. We request that the City work with the Forest Service to design perimeter roads. Locatioll of Residential Buildings and Firebreaks: 1. According to Figure 3.3-4 Arrowhead Springs Land Use Plan, a number of proposed residential building sites are to be located right up to the National Forest boundary~with no indication of fuel modification zones planned for these residential land use zones. Specifically, the northernmost RM-A V land use zone (46.3), RM-DV (29 acres), the most southern portion of RM-DV (25 acres), and RL (25 acres) appear to be located up to the National Forest boundary and do not have firebreaks indicated. We would request that firebreaks be included as part of the design and approval process and consistent with the recommendations enumerated above regarding wildland fire management for the City's General Plan. 2. It is troubling that the land use plan as proposed only includes firebreaks on private land where they do not abut National Forest. This fact leads us to believe that the City is in fact relying on National Forest for the creation of these fuel modification zones. This is not acceptable to the National Forest. Furthermore, locating development right up to the National Forest boundary creates other environmental impacts that will be identified later on in other sections of these comments. Design of Firebreaks: The proposed "aesthetic firebreak" system is to be constructed of grape vines. Unfortunately, we have not been able to find a description of the width of this firebreak (this may be due to our inability to find it rather than its absence in the document), an important consideration in designing any firebreak. We would like to see a more thorough discussion of how the proposed "aesthetic firebreak" will function, and what design considerations have been taken into account in deciding to use this type of firebreak. Particularly, how drought resistant the grape vines are, how the City or developer plans on maintaining the firebreak, how the firebreaks are to be watered in drought years when watering restrictions are in place and fire danger is high, and the vegetation's ability to carry fire in drought condltlons which are common in this region. II. Access; Recreation and Open Space General Plan- Due to the increasing pressures placed on National Forest resources from the rapidly expanding population of the City of San Bernardino and surrounding comrpunities, it is essential that private developments do not solely rely on public lands for recreation and open space opportunities. While we generally welcome use ofthe National Forest by the public:, the higher intensity of use that can be associated with a concentration of new developments can directly and negatively affect National Forest resources, particularly ifnot planned for. The related issue of access to National Forest lands presents an additional area of concern. Because of the fact that these issues are related, we are including our comments on these issues together. Generally, new developments that provide no legal ROW sometimes curtail the public's access to areas of National Forest they once may have had access to, without legal ROW or with legal ROW but less oversight, population pressure, etc. We hope that the City will work with the National Forest to avoid conflicts over access, both in terms of new developments creating access problems for the Forest, and pre-existing National Forest access points creating problems for residents of new developments. We are very willing and look forward to working with the City on creative solutions to access issues including consideration of creative administrative options for existing ROWs and the creation of new ROWs for both administrative purposes and public access. Please contact the Front Country Ranger District for specific project design consultation. We ask that the City provide specific language that integrates these concerns into the general plan through policies that address the foIlowing: 1. The City shall work with the National Forest on solving access problems including the maintenance and preservation of existing ROWs and creation of new ROWs, when designing and approving any developments that border the National Forest. 2. The City shall work with and seek approval from the National Forest regarding the interface between new/existing private and public trail and/or road systems when designing and approving any developments that border the National Forest. 3. The City shall require that new developments provide for open space and recreation opportunities on private land commensurate to the use demands of the new residents and shall not rely on National Forest open space and recreation opportunities adjacent to or within the close proximity to the new development. 4. The City shaIl seek to coordinate the land uses for new developments with those of the National Forest according to the Forest's master planning document: San Bernardino National Forest Land and Resource Management Plan, when designing and approving any developments that border the National Forest. 5. The City shaIl seek to coordinate the design of new developments within the larger regional planning area so that recreation and open space opportunities are provided for on non-National Forest lands regionaIly, as weIl as in the new development. Arrowhead Springs Specific Plan- We applaud the City for their effort to maintain the open space elements of the Arrowhead Springs Property and the scarce habitat that this open space provides for recreational opportunities. Without enumerating each ofthe~ove points in specific comments on the Arrowhead Springs Specific Plan, the foIlowing comment should serve to summarize: 1. We request that the City work with the Front Country Ranger District to arrange fonnal consultation as soon as possible on the access, open space, and recreation issues identified above as policies to be integrated into the City's General plan. III. Biological Resources Arrowhead Springs Specific Plan 1. A development of this size in a relatively undeveloped area may have a significant impact on the biological resources of the area, including the adjacent National Forest. This seems to have been understated in the EIR. Major impacts are the potential loss of riparian and Threatened, Endangered and Sensitive Species to habitat modification and stream de-watering, loss of habitat connectivity and wildlife movement corridors, potential loss of the only known occurrence of thread-leafed brodiaea, and the impacts of pets and nonnative invasive species. 2. The area has recently \:>urned, so the habitat is in the process of recovery. Therefore, the riparian habitat and coastal sage scrub habitat is currently degraded. However, the analysis of impacts and protection plans should be based on the potential habitat that will be present in the long-term. There may be potential for California gnatcatcher as the habitat recovers. 3. There is a high likelihood for least Bell's vireo and southwestern willow flycatcher nesting in the riparian habitat on-site that will be impacted by the development. These species were not mentioned, but based on Forest Service surveys and other agency/consultant surveys on adjacent lands, we expect that these species will nest on the property as the habitat recovers. We have known southwestern willow flycatcher breeding in Strawberry Creek and Waterman Canyon. In addition, we have known least Bell's vireo breeding in Little Sand Canyon. 4. We are concerned about the connectivity of the aquatic habitat in Strawberry/East Twin to Waterman Canyon/West Twin Creeks. These streams have known populations of species that are important to the National Forest such as Santa Ana speckled dace, two- striped garter snake, and spadefoot toads. Connectivity through the project will be important to the long-term survival of these species on the National Forest. 5. The relocation ofWatennanlWest Twin Creek through the golf course could seriously impact the connectivity of the riparian and aquatic habitat. If this project proceeds, we would encourage the City to require that the relocated stream course be designed to mimic a natural stream course such as Strawberry Creek above the developed area. The Riverside-Corona Resource Conservation District in Riverside has constructed such a naturally functioning stream on their property which supports many of the native aquatic species. We would be happy to arrange a field trip for the City and project proponents to see the project at the Conservation District. If this were done properly, it would greatly reduce the impacts of the stream relocation. 6. We would like to request that wildlife movement be maintained up and down the relocated stream course through the golf course. 7, Because of the value of the riparian and'aquatic habitat in the affected streams and the need for connectivity to the National Forest; we would encourage the City to require minimum in-stream flows in W atermanIW est Twin Creek and Strawberry/East Twin Creeks to provide for fish, wildlife, and riparian habitat. Removing all of the water from these streams in the summer months could seriously affect the dependent species. 8. We would encourage the City to require mitigation for riparian habitat loss on site if at all possible. Riparian habitat in the San Bernardino Valley has been severely impacted and this has potential to affect riparian dependent species on the National Forest._ The use of native cottonwood, alder-,'sycamore, and willow as the primary tree species in suitable areas in and around the redesigned stream and ponds would be very beneficial and help meet the needs of the riparian dependent species, If off-site mitigation is chosen, it should be in the Santa Ana Watershed, not the San Gabriel. We think this may be a mistake in the text. 9. We would encourage fencing around the perimeter of the housing areas of the project to help keep children, pets, and off highway vehicles from impacting the adjacent natural areas. This same fencing would also reduce the impacts from wildlife coming onto the developed areas and causing human conflicts. We suggest 6 foot block wall or something similar. This has worked to reduce impacts in other areas and also has been shown to serve as another potential firebreak. 10. We would request that a plan for long-term removal of nonnative invasive plants and animals be made and funded by the project proponent. This is a major concern at the new ponded areas, which are very attractive to nonnative species. Bullfrogs, African clawed frogs and other nonnative species can seriously impact adjacent National Forest wildlife populations. IV. Land Line Location General Plan In areas where new developments border on National Forest, it is extremely important that the City require new developments to provide for land line location. The City should require survey and documentation of the land line locations prior to, during, and well after the development construction process. The following should be integrated into the City's General plan as policies: 1. The City shall require developers to file a recorded survey of property boundaries with the City before any construction activities begin. 2. The City shall require the developer to monument land boundary comers, and post them and all other land lines in such a manner that they can be located now and well into the future. These should be visually locatable from one central point during construction, and should be permanently visible for future owners. This facilitates monitoring by national Forest during construction, and monitoring of the activities oflater occupants/ users for intentional/innocent trespass. 3. The City shall require developers to provide for physical barriers in cases where land line boundary markers do not discourage and/or prevent trespass onto National Forest where it is necessary to mitigate negative impacts on Natio~al Forest resources. Arrowhead Soecific Plan- We request that the City work with the Front Country Ranger District to arrange formal consultation as soon as possible on the land line location, marking, and barrier construction issues identified above as policies to be integrated into the City's General plan. V. Flood Control General Plan- Due to the location of many private developments in high flood danger areas such as those located on alluvial fan deposits at the mouth of canyons, the need often arises to mitigate those potential flood impacts through the construction of flood control devices. Not only is the location of developments on these highly flood and debris flow prone areas generally ill-advised. the now well-documented fire-flood cycle that periodically occurs after recurrent wildfire should be considered a matter of when, and with what consequences, not if. The following should be integrated into the City's general Plan as policies: 1. The City shall not rely on National Forest land for current and/or future flood control measures, whether they be the location and construction of engineered structures, or resource management techniques that could be designed to reduce flood impacts. Such needs should be provided for within the proposed project boundaries. 2. The City should consider the fact that recurrent flooding and debris flow e\lents are somewhat predictable, natural events, the likelihood and severity of which increases when upland watersheds are burned by periodic wildfire. Floods and debris flows, although they may originate on National Forest as natural and predictable events, are uncontrollable by the National Forest. Arrowhead Springs Specific Plan- One need not look any further than the Christmas day flood and debris flow event of2003 to recognize the incredibly strong and uncontrollable nature of the post-fire flood and debris flow cycle. Due to the fact that this event happened in the Watennan Canyon where the Arrowhead Springs Specific Plan proposes to locate new development, the above comments regarding the National Forest's lack of control and willingness to locate flood control devices on the National Forest directly apply to the Arrowhead Springs Specific Plan. Please apply these comments above to the Arrowhead Springs Specific Plan. VI. Watersheds, Soils, and Erosion General Plan- Each new development proposal that comes before the City's planning department is usually viewed in a vacuum and without thought to the overall viability of the ecosystem on a regional basis. Current accepted trends and standard practices of watershed and ecosystem management view the ecosystem on a watershed scale and implement planning in such a way that jurisdictional boundaries are often ignored, as they are by natural events such as wildfire, flooding, invasive species, water, air, etc, etc. Without the coordination of all the entities and landowners with jurisdiction over the management-of the entire regional ecosystem, many environmental impacts will never be mitigated, particularly on a cumulative basis. We ask that the City integrate the following as policies in the General Plan: 1. The City shall require that new developments that border National Forest to be set back fonn National Forest land boundaries such that excavation and or earth work does not cause "back-cutting" type erosion on National Forest lands; nor should sediment and erosion created as the by~products of constructing the new development impact the National Forest. . 2. The City shall require than new developments not rely on current or future water from National Forest for the use of the new development. 3. The City shall investigate and mitigate for the cumulative impacts of watershed alteration within its jurisdiction, even if the developments are downstream of the National Forest. The cumulative impacts of altering stream courses, degrading riparian habitat, and removing water from stream courses may have significant and irreversible environmental impacts on National Forest resources such as those that depend on those downstream habitats for a portion of their life cycle, for example. 4. The City shall work with fonnal and infonnal regional planning authorities to address the cumulative negative impacts from development of private lands in the Santa Ana watershed and explore ways to both reduce the existing cumulative impacts and mitigate for future impacts. Arrowhead Sorinl!:5 Soecific Plan- Because of the many proposed alterations to the stream corridor ofWatennan Creek, the de- watering of the tributaries such as Strawberry Creek, and other watershed impacts of the new development as proposed, the project may have significant detrimental impacts, particularly on biological resources as outlined above in Section III and the potential impacts fonn a wildland fire spreading onto National Forest which could contribute to further vegetative type conversion and potential firelflood cycles. We hope that the city will at least consider utilizing creative and new methods for mitigating these impacts for the Arrowhead Springs Specific Plan. We look forward to working with the City on these issues and coordinating the management of the vital tributaries such as Watennan and Strawberry creeks in the Santa Ana Watershed. A TT ACHMENT I MWO METROPOLITAN WATER DISTRICT OF SOUTHERN CALiFJ9/v/J, Executive Office , . \ \1 , I '.J September 23. 2005 Ms, T em Rahhal City of San Bernardino, Development Services Department 300 North D Street San Bernardino, California 92418-0001 Dear Ms. Terri Rahh:ll: Draft Environmental Impact Report for the City of San Bernardino General Plan Update and Associated Specific Plans EIR (SCH #2004111132) The Metropolitan Water District of Southern California (Metropolitan) has reviewed a copy of the Draft Environmental Impact Report (Draft EIR) for the City of San Bernardino General Plan Update (GPU) and Associated Specific Plans EIR. The proposed Project is a comprehensive update to the City General Plan, including the Arrowhead Springs Specific Plan and the University District Specific Plan, The total planning area for the General Plan Update consists of approximately 45,231 acres, which includes approximately 38,402 acres within the existing corporate limits of the City and approximately 6.,829 acres within the City's sphere of influence. This letter contains Metropolitan's response to the praft EIR as a potentially affected public agency. Metropolitan provided a letter (Attached), dated December 21, 2004, in response to the Notice of Preparation for a Draft EIR for this project. Metropolitan staff has reviewed the Draft EIR and has detennined that our comments have not been adequately addressed in the document. Metropolitan remains concerned. with potential impacts to our Rialto Pipeline, which is an approximately Ill-inch diameter pipeline located both within fee-owned property and permanent easement right-of-way; ang our Inland Feeder, which is an approximately 144-inch diameter tunnel located both within fee-owned property and permanent easement right-of-way. Metropolitan is concerned with potential impacts to our facilities and fee-owned property that may occur as a result of the proposed GPU and associated Specific Plans. Metropolitan must be allowed to maintain its rights-of.way and requires unobstructed access to our facilities and properties at all times in order to repair and maintain our system. Metropolitan again requests that our pipelines and property be assigned a land use designation that would not conflict with our operations and routine and/or emergency maintenance. The land use designation should ensure that development around Metropolitan's facilities and property is consistent with the express use of our pipelines and rights-of-way as public utilities. Metropolitan, therefore, requests that the lands over our pipeline be identified in the General Plan 700 N. Alameda Street, Los Angeles, California 90012' Mailing Address: Box 54153, Los Angeles, California 90054-0153' Telephone (213) 217-<<100 THE METROPOLITAN WA TER DISTRICT OF SOUTHERN CALIFORNIA Ms. Terri Rahhal Page 2 September 23, 2005 as "Public Facilities." Additionally, Metropolitan requests that the City ensure that public or private deyelopment, and conservation land uses will not infringe upon our existing public utility corridors, occupied by the Rialto Pipeline and Inland Feeder. Metropolitan reiterates that, in order to avoid potential conflicts with Metropolitan's rights-of- way, we require that any design plans for any activity in the area of Metropolitan's pipelines or facilities be submitted for our review and written approval. Approval of any projects where they could impact Metropolitan's property should be contingent on Metropolitan's approval of design plans. Detailed prints of drawings of Metropolitan's pipelines and rights-of-way may be obtained by calling Metropolitan's Substructures Information Line at (213) 217-6564. To assist in preparing plans that are compatible with Metropolitan's facilities, easements, and properties, we have enclosed a copy of the "Guidelines for Developments in the Area of Facilities, Fee Properties, and/or Easements of The Metropolitan Water District of Southern California." Please note that all submitted designs or plans must clearly identify Metropolitan's facilities and rights- of-way. We appreciate the opportunity to provide input to your planning process and we look forward to receiving future environmental documentation, including a copy of the Final ErR, for this project. If we can be of further assistance, please contact me at (213) 217-6242. '--' Very truly yours, /fiaZ~~~1La~ .- ~ Laura J. Simonek Manager, Envirorunental Planning Team LIM/rdl (Public Folders/EPU/Letters/20-SEP,054Edoc - Terri Rahhal) Enclosure: Planning Guidelines EXHIBIT B FINDINGS OF FACT AND STA TEMENT OF OVERRIDING CONSIDERA TlONS FOR: GENERAL PLAN UPDA TE AND ASSOCIA TED SPECIFIC PLANS ENVIRONMENTAL IMPACT REPORT SCH #2004111132 ~ prepared for: CITY OF SAN BERNARDINO Contact: Terri Rahhal, Principal Planner prepared by: THE PLANNING CENTER Contact: William Halligan, Esq., Director of Environmental Services NOVEMBER 1, 2005 Table of Contents Section Paae I NTRODUCTION AN D SUMMARY ............................................ ................................. ............... 1 1.1 FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSiDERATIONS....... .... ....... ............... ........ ............................................. ...................1 1.2 ENVIRONMENTAL REVIEW PROCESS ................................,.......................................2 1.3 PROJECT SUMMARY .....................................................................................................3 1.4 DOCUMENT FORMAT ....................................................................................................4 PART A SAN BERNARDINO GENERAL PLAN ..................................................................... 6 A1 FINDINGS ON PROJECT ALTERNATIVES CONSIDERED IN THE DRAFT EIR ...................................................................................................................................6 A 1.1 Alternatives Considered and Rejected During the Scoping/Project Planning Process... ........... .......... ........................ ..,.. ..................... .............. ..... 6 A 1.2 Alternatives Selected for Analysis ................................................................... 7 A2 FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT IDENTIFIED IN THE DEIR/FEIR.................................................................11 A2.1 Air Quality.......................................................................................................11 A2.2 Cultural Resources ............,...........................................................................12 A2.3 Noise ...... ...... ...... .... ... ... ................ ... ........ ..... ..... .... ..... ,....... .... ........... ............ .14 A2.4 Transportation and Traffic.....,.......................... .................... ..........................15 A2.5 Utilities and Service Systems ........................................................................18 A3 STATEMENT OF OVERRIDING CONSIDERATIONS..................................................20 A3.1 Significant Unavoidable Adverse Impacts .................................,...................20 A3.2 Considerations in Support of the Statement of Overriding Considerations............"'.............,.......................,.......:....................,.............. 21 A3.3 Conclusion ..... ........ ....... :~........................................................... ......... ........... 24 PART B ARROWHEAD SPRINGS SPECIFIC PLAN............................................................26 81 FINDINGS ON PROJECT ALTERNATIVES CONSIDERED IN THE DRAFT EIR.....................................,.,................................................................................,........26 81.1 Alternatives Considered and Rejected During the Scoping/Project Planning Process.....,......................................,.............................................. 26 81.2 Alternatives Selected for Analysis .........................................................,........26 82 FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT IDENTIFIED IN THE DEIR/FEIR...............,............................:~....................29 82.1 Air Quality...................................... ....................... .......... ........ ...................... ..29 82.2 8iological R~sources ..................................................................................... 30 82.3 Cultural Resources ........................................................................................34 82.4 Geology and Soils..........................................................................................40 82.5 Hazards and Hazardous Materials ................................................................41 82.6 Hydrology and Water Quality .........................................................................42 82.7 Noise ................ .......... ....... ........... .................. ........................ ........... .............45 82.8 Public Services ..............................................................................................47 82.9 Recreation... ... .......... ...... ......... ....... ......... ..... ..... ...................... ....... .............. ..47 82.10 Transportation and Traffic..............................................................................48 82.11 Utilities and Services Systems...................................................................,...49 83 STATEMENT OF OVERRIDING CONSIDERATIONS..................................................52 83.1 Significant Unavoidable Adverse Impacts .....................................................52 83.2 Considerations in Support of the Statement of Overriding Considerations.................,.,................,............,...,.......,.,............................... 52 General Plan Update and Associated Specific Plan EIR City of San Bernardino · Page i Findings of Fact and Statement of Overriding Considerations Table of Contents 83.3 Conclusion...... .... ... ...... .... ............ ....... .... ..... ....... ... ....... ....... ..:...................... 54 This page intentionally left blank. Page ii . The Planning Center October 2005 Introduction and Summary This document presents findings that must be made by the City of San Bernardino prior to approval of the project pursuant to Sections 15091 and 15093 of the Califomia Environmental Quality Act (CEOA) Guidelines and Section 21081 of the Public Resources Code. Under CEQA the Lead Agency (City of San Bernardino) is required to make written findings concerning each alternative and each significant environmental impact identified in the Draft Environmental Impact Report (DEIR) and Final Environmental Impact Report (FEIR). The City of San Bernardino may find that: . changes or alterations have been required in or incorporated into the project to avoid or substantially lessen the significant environmental effects identified in the DEIR/FEIR; . such changes or alterations are within the purview and jurisdictions of another agency and have been adopted, or can and should be adopted, by that agency; or . specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the DEIR/FEIR Each of these findings must be supported by substantial evidence in the administrative record. Evidence from the DEIR, FEIR and the mitigation monitoring program (MMP) is used to meet these criteria. 1.1 FINDINGS OF FACT AND STA TEMENT OF OVERRIDING CONSIDERA TIONS The California Environmental Quality Act (CEQA) (Pub Resc. Code 99 21000, et seq.) and the State CEQA Guidelines (Guidelines) (14 Cal. Code Regs 99 15000, et seq.) promulgated thereunder, require that the environmental impacts of a project be examined before a project is approved. Specifically, regarding findings, Guidelines Section 15091 provides: (a) No public agency shall approve or carry out a project for which an EIR has been completed which identifies one or more significant envirOlJlTlental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are: (1) Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant environmental effects on the environment. (2) Those changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can or should be, adopted by that other agency. (3) SpecifiC economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the EIR. (b) The findings required by subsection (a) shall be supported by substantial evidence in the record. (c) The finding in subsection (a)(2) shall not be made if the agency making the finding has concurrent jurisdiction with another agency to deal with identified feasible mitigation measures or altematives. (d) When making the findings required in subsection (a)(1), the agency shall also adopt a program for reporting on or monitoring the changes, which it has either required in the project or made a condition of approval to avoid or substantially lessen significant environmental effects. These measures must be fully enforceable through permit conditions, agreements, or other measures. General Plan Update and Associated Specific Plan EIR City of San Bernardino · Page 1 Findings of Fact and Statement of Overriding Considerations Introduction and Summary . (e) The public agency shall specify the location and custodian of the documents Or other materials, which constitute the record of the proceedings upon which its decision is based. The "changes or alterations" referred to in Section 15091 (a)(1) above, that are required in, or incorporated into, the project which mitigate or avoid the significant environmental effects of the project, may include a wide variety of measures or actions as set forth in Guidelines Section 15370, including: (a) Avoiding the impact altogether by not taking a certain action or parts of an action. (b) Minimizing impacts by limiting the degree or magnitude of the action and its implementation. (c) Rectifying the impact by repairing, rehabilitating, or restoring the impacted environment. (d) Reducing or eliminating the impact over time by preseNation and maintenance operations during the life of the action. (e) Compensating for the impact by replacing or providing substitute resources or environments. Regarding a Statement of Overriding Considerations, Guidelines Section 15093 provides: (a) CEQA requires the decision-maker to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project. If the benefTts of a proposal project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered "acceptable". (b) Where the decision of the public agency allows the occurrence of significant effects which are identified in the final EIR but are not atJ~_ast substantially mitigated, the agency shall state in writing the specific reasons to support its action based on the final EIR and/or other information in the record. This statement may be necessary if the agency also makes a finding under Section 15091(a)(2) or (a)(3). (c) If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the notice of determination, Having received, reviewed and considered the Final Environmental Impact Report for the San Bernardino General Plan Update and Associated Specific Plans, State Clearinghouse No. 2004111132 (FEIR), as well as all other information in the record of proceedings on this matter, the following Findings and Statement of Overriding Considerations (Findings) are hereby adopted by the City of San Bernardino (City) in its capacity as the CEOA Lead Agency. These Findings set forth the environmental basis for current and subsequent discretionary actions to be undertaken by the City and responsible agencies for the implementation of the General Plan Update and Associated Specific Plans (Project). 1.2 ENVIRONMENTAL REVIEW PROCESS In conformance with CEOA and the State CEOA Guidelines, the City of San Bernardino conducted an extensive environmental review of the proposed Project. The environmental review process has included the following: . Completion of an Initial Study by the City of San Bernardino, which concluded that an EIR should be prepared, and the Notice of Preparation (NOP) which was released for a 30-day public review period from November 29, 2004 to December 28, 2004. Section 2.3 of the DEIR describes the issues Page 2 . The Planning Center October 2005 Introduction and Summary identified for analysis in the DEIR through the Initial Study, Notice of Preparation aoo public scoping process. . Preparation of a Draft EIR by the City of San Bernardino, which was made available for a 45-day public review period (July 25, 2005 - September 8, 2005). The Draft EIR consisted of three volumes. Volume I contains the text of the Draft EIR. Volume II contains the Appendices for the San Bernardino General Plan update analysis, including the NOP, comments on the NOP, service letters and supporting data and/or analysis of the following subjects: air quality, noise and traffic. Volume III contains the Appendices for the Arrowhead Springs Specific Plan analysis including the supporting data and/or analysis for air quality, biological resources, cultural resources, geotechnical, hazards (Phase I Environmental Site Assessment), hydrology/water quality, noise, transportation and circulation, water supply, facility plan and annexation study. The Notice of Availability/Completion of the Draft EIR was sent to interested persons and organizations, was noticed in the San Bernardino County Sun and was posted at the Clerk of the Board of Supervisors of San Bernardino County. . Preparation of a Final EIR, including the Comments and Responses to Comments on the Draft EIR. The Final EIRlResponse to Comments contains the following: comments on the Draft EIR; responses to those comments; revisions to the Draft EIR and appended documents. The Final EIRlResponse to Comments was released for a 10-day public review period on September 30,2005. . Public hearings on the proposed Project. 1.3 PROJECT SUMMARY The proposed project consists of three main elements: 1) update of the City's General Plan; which includes 2) the University District Specific Plan; and 3) Arrowhead Springs SpeCific Plan with associated annexation. The General Plan update consists of a comprehensive update to the City's General Plan with the exception of the Housing Element, which was adopted July 200:rand included but simply reformatted to fit the new document. The proposed General Plan Update reflects the community's view of its future and can be thought of as the blueprint for the City's growth and development. The general plan projects conditions and needs into the future as a basis for determining long-term objectives and policies for day-to-day decision-making. While the life of the General Plan is generally considered to be 20 years, the General Plan includes policies and programs that are short term, long term, and ongoing. Some portions of the General Plan, such as the land use plan, are not linked to any timeline. The land use plan reflects build-out, which will occur through voluntary methods or redevelopment efforts throughout the life of the City. The general pla_n is considered "comprehensive" since it covers the territory within the boundaries of the City and any areas outside of its boundaries that relate to its planning activities (sphere of influence). The City of San Bemardino's total planning area is 45,231 acres, or 71 square miles. The General Plan is also comprehensive in that it addresses a wide variety of issues that characterize a city. These issues range from the physical development of the jurisdiction, such as general locations, timing, and extent of land uses and supporting infrastructure, to social concerns such as those identified in the Housing element regarding housing affordability. To address this range of issues, the proposed General Plan is divided into 14 topical sections, or Elements the same as the existing General Plan: Introduction, Land Use, Housing, Economic Development, Community Design, Circulation, Public Facilities and Services, Parks, Recreation, and Trails, utilities, Safety, Historical and Archaeological Resources, Natural Resources and Conservation, Energy and Water Conservation and Noise. The General Plan is guided by a Vision Statement and Key Strategies, which describe the basic direction of the policies contained in this Plan and represent the community's view of its future. The University District is located in the northwestern portion of the City in the foothills of the San Bernardino Mountains overlooking the Cajon Creek Wash and the Glen Helen Regional Park. The University District General Plan Update and Associated Specific Plan EIR City of San Bernardino · Page 3 Findings of Fact and Statement of Overriding Considerations Introduction and Summary Specific Plan focuses on the aesthetic treatment of the public rights-of-way and other programs designed to create an identifiable district surrounding the University. The Specific Plan includes design guidelines addressing the treatment of landscaping, signage, banners, gateways, and pedestrian/bicycle connections. There are no unique land use changes or circulation system changes or developments proposed as a part of the University District Specific Plan, therefore analysis of the impacts of this Specific Plan were enveloped in the discussion of the General Plan update impacts. The Arrowhead Springs Specific Plan provides standards and guidelines for the use and development of 1,916 acres, including 368 acres that are currently located within the incorporated City boundary and the remaining 1,548 acres that are located in unincorporated County of San Bernardino but within the sphere of influence of the City. Included as part of this project, is the annexation of the 1,548 acres into the City of San Bernardino. The Specific Plan calls for a mixed use resort/residential development centered on the existing Arrowhead Springs Hotel and Resort/Spa and includes: 1,350 units including 36 single-family detached and 1,314 multi-family units; 1,044,646 square feet of existing and new commercial and office uses; a new 199- acre, 18-hole public golf course; the reuse of the historic Arrowhead Springs Hotel; a new 300-room hotel; a new conference center and reuse of the existing conference center and the reuse and expansion of the historic Arrowhead Springs spa/resort. Of the total non-residential area, 235,996 square feet exist and will be preserved and enhanced as a part of this plan. These non-residential uses could result in approximately 2,530 new jobs. The developable area is clustered into 506 acres near existing development and is distributed within 1,400 acres of open space and watershed, which will comprise 73 percent of the site. The Arrowhead Springs Specific Plan also includes a total of 21.0 acres of parks in the developed area. 1.4 DOCUMENT FORMAT This document summarizes the significant environmental impacts of the project, describes how these impacts are to be mitigated, and discusses various alternatives to the proposed project which were developed in an effort to reduce the remaining significant environm~ental impacts. All impacts are considered potentially significant prior to mitigation unless otherwise stated In the findings. Following this Introduction and Summary section, the document is divided into two major sections: Part A _ San Bernardino General Plan and Part B - Arrowhead Springs Specific Plan, consistent with the format of the DEIR that separated the impacts into General Plan (including the University District Specific Plan) and Arrowhead Springs Specific Plan. Each of those major sections contains the following three sub-sections: . Section (A or B) 1 - Findings on the Project Alternatives Considered in the Environmental Impact Report; . Section (A or 8) 2 - Findings on Potentially Significant Impacts of the Proposed Project Identified in the DEIR/FEIR; . Section (A or 8) 3 -Statement of.Qverriding Considerations; Section A 1 or B 1, Findings on the Project Alternatives Considered in the Environmental Impact Report, presents alternatives to the project and evaluates them in relation to the findings set forth in Section 15091(a)(3) of the State CEQA Guidelines, which allows a public agency to approve a project that would result in one or more significant environmental effects if the project alternatives are found to be infeasible because of the specific economic, social, or other considerations. Section A2 or B2, Findings on Potentially Significant Impacts of the Proposed Project Identified in the DEIR/FEIR, presents significant impacts of the proposed project that were identified in the FEIR, the mitigation measures identified in'the MMP, the findings for the impacts, and the rationales for the findings. Section A3 or 83, Statement of Overriding Considerations, presents the overriding considerations for significant impacts related to the project that cannot be or have not been mitigated or resolved. These Page 4 . The Planning Center October 2005 Introduction and Summary considerations are required under Section 15093 of the State CEOA Guidelines, which require decision makers to balance the benefits of a proposed project against its unavoidable environmental risk in determining whether to approve the project. General Plan Update and Associated Specific Plan EIR City of San Bernardino · Page 5 Findings of Fact and Statement of Overriding Considerations Part A - San Bernardino General Plan A1. FINDINGS ON PROJECT ALTERNATIVES CONSIDERED IN THE DRAFT EIR A 1 FINDINGS ON PROJECT AL TERNA TIVES CONSIDERED IN THE DRAFT EIR A 1. 1 Alternatives Considered and Rejected During the Scoping/Project Planning Process The following describes the alternatives considered throughout this project that were eventually rejected: A1.1.1 General Plan As the General Plan was being created, it was clear that large scale changes in land use patterns and designations were not necessary to achieve the City's goals, which were centered on a desire to improve the City's image and functionality. Shifts in policy focus, changes in allowable uses, and emphasis on priorities would suffice. Strategic Policy Areas were created to identify key areas within the City and house focused policies intended to help achieve the City's goals. The direction for each Strategic Policy area was developed in consultation with the City. While some of the initial policy recommendations shifted over time, the changes have been subtle and do not qualify as alternatives. However, land use altematives were considered for the Verdemont Heights area. In Verdemont Heights, two alternatives were considered that were intended to allow a mixed-use village core to develop within a proposed mixed-use land use designation. The two altematives both included a mixed-use village but varied in residential intensity. Alternative 1 accommodated 405 residential units, mostly on 3,600-square-foot lots, and 384,000 square feet of retail and office uses. Alternative 2 accommodated 181 residential units on 12,000-square-foot lots and 384,000 square feet of retail and office uses. These alternatives were rejected by the City due to concerns about higher residential density and the prevailing, detached residential character of the area. A1.1.2 University District Specific Plan The following three land use alternatives to the proposed plan were developed during a design charrette that occurred on December 11, 2001. The alternatives were presented at a joint meeting with University and City staff on August 7, 2002. At this workshop, Alternative 1 was selected as the preferred plan and eventually included in the University District Specific Plan. For a description of Alternative 1, please see Section 3, Project Description. The following alternatives were rejected due to concerns about changing the Master Plan for the University, concerns about increased residential intensification, and the status of pending projects at the intersection of University Parkway and Northpark Boulevard, which, subsequent to the review of alternatives, were approved by the City. Alternative 2 The focus of Alternative 2 was on the construction of specialized housing (e.g., Sorority Row or Honors Housing) along the completed Loop Road in the western portion of campus and a new conference center adjacent to the loop road on the east side of campus. The new conference center would provide facilities to host activities that are attended by the community and university students, which would further increase the interaction between the community and the University. In this alternative, existing traffic levels were maintained on Little Mountain Drive and University Parkway, and the completion of Campus Parkway would allow traffic into the University to be evenly distributed between these three access points. New parking structures were proposed adjacent to Coyote Drive and Sierra Drive to maximize the availability of areas where the University can construct new educational facilities and to minimize the physical distance separating the University from the community, Page 6 . The Planning Center October 2005 Part A - San Bernardino General Plan A1. FINDINGS ON PROJECT ALTERNATIVES CONSIDERED IN THE DRAFT EIR Alternative 3 Alternative 3 intensified uses and buildings at the intersection of Northpark Boulevard and University Parkway. Intensified uses concentrate activity and facilitate the pedestrian traffic flow that is desired between the University and adjacent businesses and residences, promote more intense and lively urban activity, promote the use of transit, and establish a more efficient use of services and infrastructure than the existing land uses and building configurations. New buildings were proposed at the four corners of the intersection of University Parkway and Northpark Boulevard to visually and physically establish this area as the gateway into the University. The areas within the University's boundaries would serve as the location for the admissions building or administrative offices and could be easily accessible by prospective students or administrative staff. This alternative included a new conference center at the southwest corner of University Parkway and Northpark Boulevard and specialized student housing (e.g. Sorority Row or Honors Housing) on the northeast portion of campus, south of the Paradise Hills Specific Plan area and just north of the loop road. To minimize conflicts between increased pedestrian activity and vehicular traffic, University Parkway was proposed to serve as a ceremonial entrance with limited traffic volumes and speeds. Campus Parkway and Little Mountain Drive were envisioned to carry the majority of daily traffic and new parking structures would provide the parking necessary to serve the University's needs while creating space for the new buildings that would be proposed as part of the intersection intensification. Alternative 4. Alternative 4 emphasized development of dense student housing along the Loop Road of the campus. This intensified hillside development was envisioned to create a compact, village atmosphere that emphasizes a sense of community and provides additional housin"g to accommodate increases in student population. The north side of Loop Road was envisioned to accommodate a golf course, nursery, botanical gardens, and recreational trails. ~ In this alternative, the University Stadium was relocated to an area near Northpark Boulevard in order to concentrate major activity centers of the University and surrounding properties in one area, allow for more efficient vehicular access, and minimize traffic congestion on Loop Road. This alternative also included a mixed-use project at the intersection of University Parkway and Northpark Boulevard. The combination of residential, office and retail uses at the gateway of the University were envisioned to draw pedestrian activity onto the campus, and link the University to the surrounding community and conference center proposed just south of Northpark Boulevard. Retail uses within the mixed-use project would have created a visually interesting ,entryway and serve as a revenue source for the college. Since the majority of pedestrian activity would have occurred at the intersection of University Parkway and Northpark Boulevard, University Parkway was envisioned to serve as the ceremonial entrance with reduced volumes and speeds of vehicular traffic. Little Mountain Drive and Campus Parkway were envisioned to handle the majority of the traffic, and new parking structures would allow for the intensification of buildings. A 1. 2 Alternatives Selected for Analysis CEQA states that an EIR must address "a range of reasonable alternatives to the project, or to the location of the project, which could feasib.lY attain the basic objectives of the project, but would avoid or substantially lessen any of the significant effects of the project and evaluate the comparative merits of the alternatives" [Guidelines Section 15126.6(a)]. As described in Section 7.0 of this DEIR, two project alternatives for the General Plan update were identified and analyzed for relative impacts as compared to the proposed project: General Plan Update and Associated Specific Plan EIR City of San Bernardino · Page 7 Findings of Fact and Statement of Overriding Considerations Part A - San Bernardino General Plan A1. FINDINGS ON PROJECT ALTERNATIVES CONSIDERED IN THE DRAFT EIR . No Project/Existing General Plan Alternative . Reduced Intensity Alternative These alternatives have been determined to represent a reasonable range of alternatives that have the potential to feasibly attain most of the basic objectives of the project but may avoid or substantially lessen any of the significant effects of the project. These alternatives are briefly summarized below. A1.2.1 No-Project/Existing General Plan Alternative The No Project/Existing General Plan Alternative, as required by the CEQA Guidelines, analyzes the effects of continued implementation of the City's existing General Plan. This alternative assumes the existing General Plan remains as the adopted long-range planning policy document for the City. Development would continue to occur within the City in accordance with the existing General Plan and Specific Plans. Build-out pursuant to the existing General Plan would allow current development patterns to remain. The existing General Plan would not allow for the development in the SOl as envisioned in the proposed General Plan Update, which primarily involves the Martin Ranch on the northern border of the City and Arrowhead Springs. The No Project/Existing General Plan Altemative would provide 99,233 dwelling units, increase population by 156,263 persons over the 2005 SCAG estimate of population, and provide a total of 369,923 jobs within the City at build-out, as compared to the proposed General Plan Update. The Arrowhead Springs area would not be developed as a specific plan and would not be annexed into the City. The No Project/Existing General Plan Alternative would be considered the environmentally inferior altemative with regard to all impact categories except Population and Housing where this alternative would be superior due to a jobs-to-household ratio that would be more desirable and Mineral Resources, which would be considered environmentally neutral. Finding: Alternative Less Than Desirable The San Bernardino City Council finds that the No-Project/Existing General Plan Alternative, while feasible, is less than desirable than the proposed project and rejected this alternative for the following reasons: . This Alternative would not attain many of the proposed project objectives for the General Plan update or the University District Specific Plan identified in Section 3.2.1 and 3.2,2, respectively. For the General Plan, the more critical Objective to promote an attitude of entrepreneurship and action through a new era of collaboration and to develop a distinct personality both at a community wide and neighborhood level would be difficult to accomplish with the existing General Plan without the vision and key strategies developed through the General Plan update process. . This alternative would not reduce or avoid the most significant effects of the proposed project. . Strategies to enhance and capitalize on the City assets, such as downtown and San Bemardino State University, would not be realized. . Comprehensive programs to address the inefficient strip-commercial land use patterns along City corridors and neighborhood enhancement would not be realized. . The benefit of having a c,onsistent approach to planning decisions guided by documented Vision and Key Strategies would not be realized. Page 8 . The Planning Center October 2005 Part A - San Bernardino General Plan A1. FINDINGS ON PROJECT AlTERNATIVES CONSIDERED IN THE DRAFT EIR A1.2.2 Reduced Intensity Alternative The Reduced Intensity Alternative focuses on reducing impacts on traffic and thus the impacts on air quality and noise by changing the allowable floor area ratio (FAR) of the commercial and industrial land uses to a range between 1.50 and 0.35 for commercial and between 0.50 and 0.25 for industrial uses thereby decreasing the number of jobs and the resulting traffic. The proposed General Plan assumes an FAR range between 3.0 and 0.70 for commercial and 1.00 and 0.70 for industrial uses. Estimated population and housing units would stay the same as the proposed project but job creation would be reduced to 178,443 from 355,629 in the proposed project, consequently reducing the jobs to household ratio. The Reduced Intensity Alternative would be considered the environmentally superior alternative as compared to the proposed General Plan for Aesthetics, Air Quality, Cultural Resources, Hazards and Hazardous Materials, Hydrology and Water Quality, Mineral Resources, Noise, Population and Housing, Public Services, Transportation and Traffic and Utilities. The Reduced Intensity Alternative would be considered environ- mentally neutral for Biological Resources, Geology and Soils, Land Use and Planning and Recreation. Finding: Alternative Less Than Desirable The San Bernardino City Council finds that the Reduced Intensity Alternative, while feasible, is less than desirable than the proposed project and rejected this alternative for the following reasons: . While this alternative is feasible, it would not meet the objective to "Tap into the Inland Empire's dynamic economy" or help the City "Deal with new fiscal realities., which are two important objectives in accomplishing remaining objectives such as "Realize quality housing in safe and attractive neighborhoods". The City must work toward attracting better quality jobs by creating a positive development attitude toward new businesses..<!nd providing the opportunities for existing businesses to expand where they are located. This alternative would not accomplish those goals. ~ . The allowable floor area ratios (FAR) are reduced to a point that they would prevent flexibility for developments to differ from typical market products. . The Reduced Intensity Alternative would reduce but not eliminate traffic impacts and the air quality impacts caused by increased traffic under the proposed project. However the benefit of having a strong local economy, which would be more difficult to accomplish with this alternative, may help to discourage long commute trips that contribute to regional air quality problems. General Plan Update and Associated Specific Plan EIR City of San Bernardino · Page 9 Findings of Fact and Statement of Overriding Considerations Part A - San Bernardino General Plan A1. FINDINGS ON PROJECT ALTERNATIVES CONSIDERED IN THE DRAFT EIR This page intentionally left blank. Page 10 . The Planning Center October 2005 Part A - San Bernardino General Plan A2. FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT IDENTIFIED IN THE DEIRlFEIR A2 FINDINGS ON POTENTIALL Y SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT IDENTIFIED IN THE DEIR/FEIR A2. 1 Air Quality GP Impact 5.2-2: Construction activities associated with the proposed project would generate short-term emissions while long-term operation of the project would generate additional vehicle trips and associated emissions in exceedance of SCAQMD's threshold criteria. [Thresholds AQ-2 and AQ-3] The proposed project is expected to generate emissions levels that exceed AQMD threshold criteria for CO, ROG, NOx, and PM,o in the SoCA8, which is classified as a non-attainment area. Goals and Policies contained in the General Plan would facilitate continued City cooperation with the SCAQMD and SCAG to achieve regional air quality improvement goals, promotion of energy conservation design and development techniques, encouragement of alternative transportation modes, and implementation of transportation demand management strategies. However, additional mitigation measures would be required. Mitigation Measures: GP 5.2-2A Prior to the issuance of grading permits, the property owner/developer shall include a note on all grading plans which requires the construction contractor to implement following measures during grading. These measures shall also be discussed at the pregrade conference. . Use low emission mobile construction equipment. ~ ~ . Maintain construction equipment engines by keeping them tuned. . Utilize existing power sources (I.e., power poles) when feasible. . Configure construction parking to minimize traffic interference. . Minimize obstruction of through-traffic lanes. When feasible, construction should be planned so that lane closures on existing streets are kept tt? a minimum. . Schedule construction operations affecting traffic for off-peak hours to minimize traffic congestion. . Develop a traffic plan to minimize traffic flow interference from construction activities (the plan may include advance public notice of routing, use of public transportation and satellite parking areas with a shuttle service). GP 5.2-28 The City shall promote the use of low or zero VOC content architectural coatings for construction and maintenance activities. GP 5.2-2C The City shall reduce vehicle emissions caused by traffic congestion by implementing transportation systems management techniques that include synchronized traffic signals and limiting on-street parking. General Plan Update and Associated Specific Plan EIR City of San Bernardino · Page 11 Findings of Fact and Statement of Overriding Considerations Part A - San Bernardino General Plan A2. FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT IDENTIFIED IN THE DEIRlFEIR GP 5.2-2D The City shall consider the feasibility of diverting commercial truck traffic to off-peak periods to alleviate non-recurrent congestion as a means to improve roadway efficiency. GP 5.2-2E The City shall promote the use of fuel efficient vehicles such as fuel hybrids when purchasing vehicles for the City's vehicle fleet. Finding: The policies contained in the proposed General Plan update are expected to reduce emissions associated with future development. However, even after the application of these policies and the mitigation measures listed above, implementation of the General Plan update when viewed as a whole project is expected to generate emissions levels in that exceed the AQMD threshold criteria for CO, ROG, NOx, and PM10 in the SoCAS, resulting in a significant unavoidable adverse air quality impact. A Statement of Overriding Considerations must be adopted concurrent with project approval. GP Impact 5.2-3: Implementation of the San Bernardino General Plan update would result in a cumulatively considerable net increase of criteria pollutants for which the project region is in a state of non-attainment. [Threshold AQ-3} Emissions associated with General Plan buildout would result in emissions which exceed the SCAQMD significance thresholds for construction and operational phases as stated in GP Impact 5.2-2. As such, the SCAQMD considers these emissions to be significant on a cumulative basis. The construction and operation through implementation of the General Plan would result in cumulative air quality impacts. Mitigation Measures: GP 5.2-3 Implementation of mitigation measures GP 5.2-2A, B, C, D and E shall be applied to reduce cumulative impacts. Finding: The policies contained in the proposed General Plan update are expected to reduce cumulative emissions associated with future development. However, even after the application of these policies and the mitigation measures listed above, implementation of the General Plan update when viewed as a whole project is expected to generate cumulative emissions levels that exceed the AQMD threshold criteria for CO, ROG, NOx, and PM10 in the SoCAB, resulting in a significant unavoidable adverse air quality impact. A Statement of Overriding Considerations must be adopted concurrent with project approval. A2.2 Cultural Resources GP Impact 5.4-1: Build-out of the San Bernardino General Plan could result in the loss of potentially historic structures. [Threshold C-1} Build-out of the San Bernardino General Plan over the long term would allow development or re-development to occur in historically sensitive areas which could result in the loss of potentially historic structures. Mitigation Measures: GP 5.4-1 In areas of Qocumented or inferred historic resource presence, City staff shall require applicants for development permits to provide studies to document the presenceliabsence of historical resources. On properties where historic structures or resources are identified, such studies shall provide a detailed mitigation plan, including Page 12 . The Planning Center October 2005 Part A - San Bernardino General Plan A2. FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT IDENTIFIED 1N1HE DEIRlFEIR a monitoring program and recovery and/or in situ preservation plan, based on the recommendations of a qualified historical preservation expert. Finding: The mitigation measure identified is feasible and will avoid or substantially lessen the potentially significant impacts associated with historic resources to a level of less than significant and no unavoidable adverse impacts would occur. GP Impact 5.4-2: Build-out of the General Plan could impact sensitive archaeological resources, paleontological resources, or a unique geologic feature. [Thresholds C-2 and C-3] Adoption of the General Plan in itself would not directly affect any archeological or paleontological resources. However, long-term implementation of the General Plan land use policies could allow development and redevelopment, including grading, of sensitive areas, potentially impacting sensitive archeological, paleontological, and unique geologic resources. Mitigation Measures: GP 5.4-2 In areas of documented or inferred archeological and/or paleontological resource presence, City staff shall require applicants for development permits to provide studies to document the presence/absence of such resources. On properties where resources are identified, such studies shall provide a detailed mitigation plan, including a monitoring program and recovery and/or in situ preservation plan, based on the recommendations of a qualified cultural preservation expert. ~ Finding: The mitigation measure identified is feasible and will avoid or substantially lessen the potentially significant impacts associated with archeological andlor paleontological resources or unique geologic features to a level of less than significant and no unavoidable adverse impacts would occur. GP Impact 5.4-3: Grading activities could potentially disturb human remains. [Threshold C-4] Adoption of the General Plan in itself does not involve grading activities and would not directly disturb any human remains. However, long-term implementation of the General Plan land use policies could allow development and redevelopment, including grading, of sensitive areas thereby disturbing human remains. Mitigation Measures: GP 5.4-3 In the event of the accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the following steps shall be taken: There shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the San Bernardino County Coroner is contacted to determine if the remains are prehistoric and that no investigation of the cause of death is required. If the coroner determines the remains to be Native American, then the coroner shall contact the Native American Heritage Commission with in 24 hours, and the Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent from the deceased Native American. The most likely descendant may make recommendations to the landowner or the person responsible for the excavation work, for means of treating General Plan Update and Associated Specific Plan EIR City of San Bernardino · Page 13 Findings of Fact and Statement of Overriding Considerations Part A - San Bernardino General Plan A2. FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT IDENTIFIED IN THE DEIRlFEIR or disposing of, with appropriate dignity, the human remains and any associated grave goods as provided in Public Resources Code Section 5097,98; or Where the following conditions occur, the landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity either in accordance with the recommendation of the most likely descendant or on the property in a location not subject to further subsurface disturbances: . The Native American Heritage Commission is unable to identify a most likely descendant or the likely descendant failed to make a recommendation within 24 hours after being notified by the commission; or . The descendant identified fails to make a recommendation; or . The landowner or his authorized representative rejects the recommendation of the descendant, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. Finding: The mitigation measure identified is feasible and will avoid or substantially lessen the potentially significant impacts associated with disturbance of human remains outside of formal cemeteries to a level of less than significant and no unavoidable adverse impacts would occur. A2.3 Noise GP Impact 5.10-1: Project implementation would result in long-term operation-related noise that would exceed local standards. [Thresholds N-1 and N-31 Implementation of the General Plan update would result in long-term operation-related noise caused by stationary (facilities), roadway, railroad and aircraft sources that would exceed local standards. Mitigation Measures: GP 5.10-1 Prior to the issuance of building permits for any project that involves a noise sensitive use within the e5 dBA CNEL contour along major roadways or freeway; -railroads, or the San Bernardino International Airport, the project property owner/developers shall submit a final acoustical report prepared to the satisfaction of the Planning Director. The report shall show that the development will be sound-attenuated against present and projected noise levels, including roadway, aircraft, helicopter and railroad, to meet City interior and exterior noise standards. Finding: The mitigation measure identified is feasible and will avoid or substantially lessen the potentially significant impacts associated with noise to a level of less than significant and no unavoidable adverse impacts would occur. . GP Impact 5.10-2: Buildout of the San Bernardino General Plan would create short-term and long-~rm groundborne vibration and groundborne noise. [Threshold N-21 Page 14 . The Planning Center October 2005 Part A - San Bernardino General Plan A2. FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT IDENTIFIED IN T_HE DEIRlFEIR The implementation of the General Plan update could result in ground borne vibration and groundbome noise from vibration intensive construction activities and increased train travel along railroads that may result in significant vibration impacts. Mitigation Measures: GP 5.10-2 Adherence to Mitigation Measure GP 5.10-1 would result in exterior/interior noise levels within the City noise standards, as a result, vibration created from noise levels that exceed the City noise standards would also be mitigated. Finding: The mitigation measure identified is feasible and will avoid or substantially lessen the potentially significant impacts associated with noise to a level of less than significant and no unavoidable adverse impacts would occur. GP Impact 5.10-4: The San Bernardino International Airport is located within the City of San Bernardino, resulting in exposure of future residents to airport-related noise. [Thresholds N-5 and N-6} The San Bernardino International Airport is located within the City and the use of the airport is changing from a military operation to commercial aviation. However an Airport Land Use Plan has not been adopted. The City would be required to amend the General Plan once the Airport Land Use Plan has been adopted. Since future aircraft use has not been determined, no noise contours are available for the future use of the airport. In the interim, the City of San Bernardino regulates land uses around the airport through the existing noise ordinance based on noise contours from the former Norton Air Force Base. Although noise contours for future uses are not known, some sensitive lands uses (parkland) by City standards are located underneath the existing flight paths which may not change. This woUld result in significant noise impacts on these sensitive uses. ~ Mitigation Measures: GP 5.10-4 The City of San Bernardino shall incorporate into the General Plan the noise contour map developed for the SBIAA after completion of the Airport Master Plan. Finding: Until the Airport Master Plan has been adopted by the S81AA and corresponding noise contours have been established, the extent of impact to parkland near the airport cannot be determined. Parkland is desigmited as a sensitive use in the General Plan and should the noise contour exceed the limitations established by the General Plan no foreseeable mitigation could be accomplished if the park were to remain in use. Under those circumstances the impact would be considered a significant adverse and unavoidable impact and a Statement of Overriding Considerations must be adopted by the Common Council. A 2.4 Transportation and Traffic GP Impact 5.14-1: Trip generation at builcJ-out of the General Plan would impact levels of service for the existing area roadway system, [Threshold T-1} Twelve intersections were determined to function at an unacceptable LOS of E or worse and 4 roadway segments were determined to function at an unacceptable LOS of 0 or worse at build-out of the General Plan. Mitigation Measures: General Plan Update and Associated Specific Plan EIR City of San Bernardino · Page 15 Findings of Fact and Statement of Overriding Considerations Part A - San Bernardino General Plan A2. FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT IDENTIFIED IN THE DEIRlFEIR GP5.14-1 Prior to adoption of the General Plan Update the City of San Bernardino shall add the following recommendations to the Circulation Element of the General Plan update: . Signalize the intersection of Meridian Avenue @ Rialto Avenue. With signalization and permitted phasing the intersection will operate at LOS A during both peak hours. . Signalize the intersection of Hunts Lane @ E Street. With signalization and protected phasing, and the addition of one NB left-turn lane the intersection will operate at LOS Band C during the AM and PM peak hours, respectively. . Add an additional westbound right-turn lane at the intersection of Waterman Avenue @ 30th Street. With one additional WB right-turn lane the intersection will operate at LOS D and C during the AM and PM peak hours, respectively. . . Add an additional northbound right-turn lane at the intersection of Waterman Avenue @ SR-30 EB Ramps. With one additional NB right-turn lane and one additional EB left-turn lane the intersection will operate at LOS D during both peak hours. . Signalize the intersection of SR-30 WB Off-ramp @ 30th Street. With signalization and protected phasing, the intersection will operate at LOS C during both peak hours, . Signalize the interseCtion of Harrison Street @ 40th Street. With signalization and permitted phasing the intersection will operate at LOS A and C during the AM and PM peak hours, respectively. . Signalize the intersection of Waterman Avenue @ 36th Street. With signalization and permitted phasing the intersection will operate at LOS A and B during the AM and PM peak hours, respectively. . Signalize the intersection of Waterman Avenue @ 34th Street. With signalization and permitted phasing the intersection will operate at LOS A during both peak hours. . . Signalize the intersection of Valencia Avenue @ 40th Street. With signalization and permitted phasing the intersection will operate at LOS A during both peak periods. . Add an additional westbound right-turn lane at the intersection of Del Rosa Avenue @ SR-30 WB Ramps. With one additional WB right-tum lane the intersection will operate at LOS Band C during AM and PM peak hours, respectively. . Sighalize the intersection of Tippecanoe Avenue @ Rialto Avenue. With signalization and permitted phasing the intersection will operate at LOS A and B during AM and PM peak hours, respectively. Page 16 . The Planning Center October 2005 Part A - San Bernardino General Plan A2. FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT IDENTIFIED IN THE DEIRlFEIR . Signalize and add one northbound exclusive left-turn lane and one exclusive northbound right-turn lane at the intersection of Rancho Avenue @ 5th Street/Foothill Road. With signalization and EIW protective phasing, N/S split phasing, one NB exclusive left-turn lane and one NB exclusive right- turn la~e the intersection will operate at C and D during AM and PM peak hours, respectively. . Signalize and add one additional through lane in each direction at the intersection of Mount View Avenue @ San Bernardino Road. With signalization, protective phasing and one exclusive left, thru and right-turn lane in each direction and EB right turn overlap phasing the intersection will operate at LOS C and D during AM and PM peak hours, respectively. Finding: The mitigation measure identified is feasible and will avoid or substantially lessen the potentially significant impacts associated with Congestion Management Agency service standards to a level of less than significant and no unavoidable adverse impacts would occur. GP Impact 5.14-2: General Plan related trip generation in combination with existing and proposed cumulative development would result in designated intersections, road and/or highways exceeding county congestion management agency service standards. [Threshold T-2] One CMP intersection and one CMP roadway segment were determined to function at an unacceptable LOS of F as well as numerous freeway segments. The CMP intersection impacted would be mitigated by mitigation measure GP 5.14-1 however additionaL mitigation measures would' be needed for roadway segments. '. ~ Mitigation Measures: GP 5.14-2 The City of San Bernardino shall cooperate with regional transportation agencies toward mitigating impacts to regional transportation facilities by measures such as securing fair share contributions from future projects impacting mainline freeway segments. Mitigation of impacts to regional transportation facilities would require the following freeway improvements: . 1-10 EB from Jct. 1-21 to Waterman Avenue, add two lanes. . 1-10 WB from Jct. 1-21 to Waterman Avenue, add one lane. . 1-10 EB and WB from Waterman Avenue to Tippecanoe Avenue, add two lanes each direction. . 1-10 EB and WB from Tippecanoe to Mountain View, add two lanes each direction. . SR-,30 EB from Highland Avenue to Jct. 1-215, add two lanes. . SR-30 WB from Highland Avenue to Jct. 1-215, add one lane. General Plan Update and Associated Specific Plan EIR City of San Bernardino · Page J 7 Findings of Fact and Statement of Overriding Considerations Part A - San Bernardino General Plan A2. FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT IDENTIFIED IN THE DEIRlFEIR . SR-30 EB and WB from Jct. 1-215 to H Street, add one lane each direction. . SR-30 EB and WB from H Street to SR-259 add one lane each direction. . SR-30 EB from SR-259 to Waterman Avenue, add one lane. . 1-215 NB and SB from Jct. 1-10 to Orange Show Road, add one lane. . 1-215 NB from Jct. SR 66 to Baseline Street, add three lanes. . 1-215 SB from Jct. SR 66 to Baseline Street, add two lanes. . 1-215 NB and SB from Jct. SR 66 to University Parkway, add one lane. Finding: The mitigation measures identified are feasible and would avoid or substantially lessen the potentially significant impacts associated with traffic and transportation to a level of less than significant, however improvements to the freeway system are the responsibility of the existing regional transportation agencies and not the City of San Bernardino. Without the authority to implement the mitigation measures, the impact to freeway segments would remain a significant adverse and unavoidable impact and a Statement of Overriding Considerations must be adopted by the Common council. A2.5 Utilities and Service Systems Water GP Impact 5.15-1: Upgrades to the existing water supply and delivery systems would be required to adequately seTVe future growth in accordance with the proposed General Plan build-out. [Threshold WS-1 and WS-2] The General Plan Update contains policies, and programs encouraging water conservation. Although analysis shows supplies may be adequate for the San Bernardino planning area, cumulative use of water in the Bunker Hill sub-basin by all surrounding water providers may cause stress on the basin and necessitate additional importation of water causing a potentially significant impact on water supplies for. the region. Mitigation Measures: GP 5.15-1 In accordance with the State Water Code (Section 10610-10645), the City shall maintain an updated Urban Water Management Plan (Water System Management Plan) which describes and evaluates sources of supply, reasonable and practical efficient uses, reclamation and demand management activities, necessary to adequately serve future growth pursuant to the City's General Plan. Page 18 . The Planning Center October 2005 Part A - San Bernardino General Plan A2. FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT IDENTIFIED IN THE DEIRlFEIR Finding: The mitigation measure identified is feasible and will avoid or substantially lessen the potentially significant impacts associated with water supply and distribution systems to a level of less than significant and no unavoidable adverse impacts would occur. Wastewater GP Impact 5.15-2: Project-generated wastewater could not be adequately treated by the wastewater service provider for the project. [Thresholds WW-1, WW-2, and WW-3} Existing secondary and tertiary treatment facilities would exceed design capacity with implementation and build-out of the General Plan Update and wastewater collection systems would experience additional flow deficiencies. Mitigation Measures: GP 5.15-2 The City of San Bernardino shall update the Wastewater Collection System Master Plan to reflect General Plan Update build-out statistics, review treatment facility capacity periodically and adjust Sewer Capacity Fees when appropriate in consultation with participating communities to accommodate construction of new or expanded wastewater treatment and collection facilities. Finding: The mitigation measure identified is feasible and will avoid or substantially lessen the ~ potentially significant impacts associated with wastewater treatment and collection systems to a level >>:4< of less than significant and no unavoidable adverse impacts would occur. UV General Plan Update and Associated Specific Plan EIR City of San Bernardino · Page 19 Findings of Fact and Statement of Overriding Considerations Part A - San Bernardino General Plan A3. STATEMENT OF OVERRIDING CONSIDERATIONS A3 STA TEMENT OF OVERRIDING CONSIDERA TIONS CEQA requires the decision-maker to balance the benefits of the proposed project against its unavoidable environmental risks in determining whether to approve the project. If the benefits of the project outweigh the unavoidable adverse effects, those effects may be considered "acceptable" (State CEQA Guidelines Section 15093[a)). However, in this case CEQA requires the agency to support, in writing, the specific reasons for considering a project acceptable when significant impacts are infeasible to mitigate. Such reasons must be based on substantial evidence in the FEIR or elsewhere in the administrative record (State CEQA Guidelines Section 15093 [b)). The agency's statement is referred to as a "Statement of Overriding Considerations." The City of San Bernardino is proposing to approve the General Plan update and associated specific plans for the University District and Arrowhead Springs and has prepared and certified a FEIR that satisfies the requirements of CEQA. The following adverse impacts of the General Plan update combined with the University District Specific Plan are considered significant and unavoidable based on the DEIR, FEIR, MMP, and the findings discussed previously in Part A, Section A 1 and A2 of this document. (Adverse impacts of the Arrowhead Springs Specific Plan are discussed in Part B of this document.) A3.1 Significant Unavoidable Adverse Impacts Air Quality Construction activity associated with buildout of the proposed General Plan update when viewed as a whole project would cause short term emissions of ROG, NOx, PM,o and CO that would exceed the threshold standards of the SCAQMD in an area classified as a non-attainment area. Additionally, when operational air emissions in 2005 are compared to air emissions created using full buildout statistics, the daily SCAQMD thresholds for ROG, NOx, PMlO and CO are exceeded. Operational emissions would include vehicle emissions in addition to stationary sources of emisSions. Exceeding the SCAQMD emissions thresholds would be expected because these thresholds were designed for individual projects. As such, specific or general plans would substantially exceed the SCAQMD thresholds by orders of magnitude because these plans incorporate the development of multitudes of individual projects. Exceeding the SCAQMD daily emissions thresholds is considered a significant adverse impact. Application of the mitigation measures presented in Section A2.1 would reduce the level of impact, however when implementation of the General Plan update is viewed as a whole project, emission levels would continue to exceed the daily emission thresholds, resulting in an unavoidable adverse air quality impact. Exceeding the daily thresholds is also considered a significant cumulative impact by the SCAQMD. Mitigation measures listed would not reduce cumulative emissions to a level of less than significant resulting in an unavoidable advers.e cumulative air quality impact. . Noise The City of San Bernardino considers residential and park land uses to be sensitive noise uses and some selective residential and park land uses may be affected by noise from the future use of the San Bemardino International Airport. Currently the San Bernardino International Airport Authority is preparing an Airport Master Plan that will determine the noise contours. Once adopted, the Airport Master Plan will be incorporated into the General Plan. Without updated noise contours that reflect the future use of the airport, noise impacts to these selective areas could not be determined and therefore were considered significant impacts. If future noise contours exceed the limitations set by the General Plan for parks in the area, the impact cannot be mitigated resulting in an unavoidable adverse noise impact. Page 20 . The Planning Center October 2005 Part A - San Bernardino General Plan A3. STATEMENT OF OVERRIDING CONSIDERATIONS Transportation and Traffic Buildout of the General Plan update would result impacts to freeway segments that could be mitigated by the measures indicated in the DEIR that include cooperation with regional transportation agencies to secure fair share funding contributions from future projects. However, without the authority to implement those mitigation measures, impact to freeway segments would remain significant unavoidable and adverse impacts. A3.2 Considerations in Support of the Statement of Overriding Considerations The City, after balancing the specific economic, legal, social, technological, and other benefits of the proposed Project (General Plan Update), has determined that the unavoidable adverse environmental impacts identified above may be considered "acceptable" due to the following specific considerations, which outweigh the unavoidable, adverse environmental impacts of the proposed Project. Each of the separate benefits of the proposed Project, as stated herein, is determined to be, unto itself and independent of the other Project benefits, a basis for overriding all unavoidable adverse environmental impacts identified in these Findings. A significant benefit of the Updated General Plan is that it provides a unifying vision for the next 20 years. The Vision provides unity to the entire General Plan as well as policy guidance for the City officials and staff. In the absence of this vision, the General Plan lacks a clear direction. Subsequently, development and changes would occur on an individual basis and potentially threaten the ability to maximize the potential of the City. In addition to this fundamental improvement, the General Plan includes the following benefits: Address the Unique Issues of Specific Geographic Locations ~ San Bernardino has many unique gems that can b~l1hanced and/or capitalized upon to improve the City. The General Plan includes a set of policies that are intended to help create, preserve, revitalize, and enhance selected areas of the City. The Strategic Policy Areas include two basic distinctions: areas where enhancement is desired but changes in the land use pattern are not anticipated or desired and those areas where change is desired and merits guidance and/or stimulation. The following Strategic Policy Areas are provided in the General Plan: 1. San Bernardino Valley College Strategic Area. The San Bernardino Valley College is a major community feature that can be capitalized upon as a catalyst for growth and improvement in the area, as well as a positive marketing tool for the City as a whole. The intent this Strategic Area is to interconnect and unify the district through the use of cohesive design, landscaping, and signage, enhanced pedestrian oonnections, and improved parking conditions. 2. Santa Fe Depot Strategic Area. The centerpiece of this Strategic Area is the Historic Santa Fe Depot. The goal of the Strategic Area is to integrate the Depot with the surrounding neighborhood and create an identifiable district, help the surrounding businesses become more economically viable, and improve the aesthetics of the area. 3. Redlands Boulevard Strategic Area. The goal of this Strategic Area is to help businesses remain economically robust, visible, and to attract viable uses that will help strengthen the City's tax base. 4. Tippecanoe Strategic Area. The goal of this Strategic Area is to address the area's infrastructure needs, to help the area capitalize upon adjacent economic opportunities, such as the San Bernardino International Airport, improve the area's aesthetics, improve the circulation system, to redevelop vacant and underutilized lands into their highest potential, and to capitalize upon the presence of the Santa Ana River. General Plan Update and Associated Specific Plan EIR City of San Bernardino · Page 21 Findings of Fact and Statement of Overriding Considerations Part A -San Bernardino General Plan A3. STATEMENT OF OVERRIDING CONSIDERATIONS 5. Eastern Recreation Village Strategic Area. The purpose of this Strategic Area is to enhance and capitalize upon recreational opportunities in the area. Given the soccer complex, the elementary and high school, park, and Warm Creek, the goal is develop and market this area as a recreational village. Multi- purpose trails and pedestrian amenities could be provided to link the village and the major features in the Strategic Area. 6. Residential Conversion/Restoration Strategic Area. The purpose of this Strategic Area is to promote the conversion of the remaining four unit apartments to ownership units, as well as reinvestment and stability in the area. 7. Southeast Industrial Strategic Area. The goal of this Strategic Area is to protect the industrial job base, help improve residential conditions, and to help mitigate impacts to adjacent residences. The Santa Ana River, which borders the northern portion of this Strategic Area, is a regional amenity that the City must enhance and protect and which can be utilized as an asset for local industrial users and residents. 8. Southeast Strategic Area. The purpose of this Strategic Area is to improve the conditions and accessibility of residential neighborhoods in the area. Homes in this Strategic Area are in need of rehabilitation, should be separated from the surrounding industrial areas with berming and buffers, and should be connected physically and socially with the rest of the City. 9. San Bernardino International Airport and Trade Center Strategic Area. The San Bernardino International Airport and Trade Center (SBIA) is one of the City's greatest economic growth opportunities in the region. The purpose of this Strategic Area is to allow properties surrounding the SBIA to develop with uses that are related to or can benefit from the proximity of an airport. For instance, business oriented and general aviation related uses, manufacturing, warehousing, offices, and travel related business such as hotels, could be attracted by the presence of the Airport. 10. Downtown Strategic Area. The Downtown Strategic Area is the symbolic center as well as the social and economic heart of San Bernardino. The purpose of this Strategic Area is to facilitate revitalization of Downtown through an infusion of office and mixed uses, connections to surrounding uses, such as the Arrowhead Credit Union Park and the National Orange Show, and a unifying aesthetic theme. 11. Community Hospital Strategic Area. The purpose of this Strategic Area is to provide incentives and programs that capitalize upon the presence of the hospital and surrounding medical offices, which can act as a catalyst for improvements in the area and to facilitate medically related development in the future. Enhancement of San Bernardino's Commercial Corridors The Mount Vernon, E-Street, Baseline, and Highland corridors are characterized by an inefficient pattern of strip commercial. Due to a combination of over saturation of commercial floor area and the size and configuration of the properties along these corridors, many of the commercial properties are vacant, underutilized, dilapidated, and are defined by uncoordinated aesthetics and signage. In addition, the majority of lots along the corridors are relatively small with individual ownership. This makes significant redevelopment more complicated and requires participation from a multitude of individuals to realize change. Another significant hurdle is the perception that commercial property is more valuable. While this may be true in certain instances, the existing pattern and quality of strip commercial uses along these corridors is not proving to be viable and many businesses are vacant or marginally successful. The Corridor Improvement Program is an optional package of policy, regulatory, and incentive programs that, if applied, are intended to stimulate private investment and result in desired development within the Corridor Strategic Areas. This is accomplished by providing optional incentives, in the form of density bonuses. and Page 22. The Planning Center October 2005 . Part A - San Bernardino General Plan A3. STATEMENT OF OVERRIDING CONSIDERATIONS varied development standards, to developments that qualify. While the underlying land use designations still apply, the property owner may request, and the City may choose to apply, aspects of this program to stimulate desirable development. Provide a Method to Enhance and Improve Residential Neighborhoods San Bernardino has a wide variety of residential neighborhoods of various ages and states of repair/maintenance. The Neighborhood Improvement Program offers a system of incentives that are intended to stimulate redevelopment of local neighborhoods. The Neighborhood Improvement Program provides a strategy to address each neighborhood based upon its need. Through the combined efforts of the police, fire, code enforcement, community development, public works, and other departments will help address each areas unique issues and improve the livability of San Bernardino. The program is based upon the classification of neighborhoods into the following categories: 1, Very sound neighborhood experiencing few, if any, quality of life issues. Infrequent requests for Police or code Enforcement services. 2. Predominantly stable neighborhoods, but beginning to show signs of decline. Most structures are well maintained and structurally sound, but some structures may have minor problems. The City should focus on these minor issues to maintain the neighborhood and prevent further deterioration. 3. Predominantly unstable neighborhood, with many structures in need of rehabilitation, with some well cared for and maintained structures. In single-family areas, many houses have transitioned from owner- occupied to rentals; neighborhoods showing evidence of social, physical and economic problems and increasing number of calls for police services. Focus is on revitalizing the neig/1borhood, upgrading the structures, increasing aesthetics and reducing crime.._ ~ 4. Neighborhood is in severe social, economic and physical decline. Housing structures are severely deteriorated and the entire neighborhood lacks conditions that contribute to a safe overall neighborhood living environment. Provision of Community Facilities The proposed General Plan Update reflects the City's vision for its development through a 20-year build-out, and provides goals and policies that will guide future development in the City ensuring the long-term sustainability of community facilities. In the absence of these goals and policies that guide future growth, development would occur but would lack vision and could potentially threaten the existing character of the City. Thus, the General Plan Update provides for future growth in the City in a manner which allows for allocation of resources to improve, maintain, or create additional community facilities. The City of San Bernardino General Plan Update provides provisions for community facilities within the City that would meet the needs of the future population, which include the following: Parks and Recreation. The General Plan identifies the City's parkland goal of five acres per 1,000 residents. Based upon this standard, the General Plan identifies that additional park land is necessary to meet the projected population at buildout. Goals and policies are provided to ensure that the necessary parklands are provided to meet the demands of the future population. Transportation Improvements.; Although traffic increases are associated with the proposed project, traffic improvements have been identified as part of the City's Circulation Element to mitigate the traffic impacts. The Circulation Element proposed as part of the General Plan Update reflects changes needed to General Plan Update and Associated Specific Plan EIR City of San Bernardino. Page 23 Findings of Fact and Statement of Overriding Considerations . , Part A - San Bernardino General Plan A3. STATEMENT OF OVERRIDING CONSIDERATIONS accommodate the project population growth. Intersection improvements at key arterial intersections would allow all intersections to operate at an acceptable level of service. Public Services. While the General Plan does not directly result in construction of new facilities or the provision of additional equipment and personnel to the City's fire, police, school and library services, the General Plan Update includes goals and policies aimed to ensure these community service facilities would keep pace with the growth in the City. Institutional land uses would be maintained through implementation of the General Plan Update to ensure high quality of future service. A3.3 Conclusion For the foregoing reasons, the City of San Bernardino concludes that the San Bernardino General Plan Update will result in a beneficial mix of strategies for future growth providing community-wide enhancements with significant benefits of local and regional significance, which outweigh the unavoidable environmental impacts. Therefore, the City of San Bernardino has adopted this Statement of Overriding Considerations. Page 24 . The Planning Center October 2005 & Part A - San Bernardino General Plan A3. STATEMENT OF OVERRIDING CONSIDERATIONS General Plan Update and Associated Specific Plan EIR City of San Bernardino · Page 25 Findings of Fact and Statement of Overriding Considerations ~ . A Part B - Arrowhead Springs Specific Plan 81. FINDINGS ON PROJECT ALTERNATIVES CONSIDERED IN THE DRAFT EIR 81 FINDINGS ON PROJECT AL TERNA TIVES CONSIDERED IN THE DRAFT EIR 81.1 Alternatives Considered and Rejected During the Scoping/Project Planning Process The Arrowhead Springs Specific Plan has undergone several iterations; however, no significant altematives were developed. The iterations included subtle variations in the acreages of land uses, residential density, and commercial intensity. The changes occurred in response to input from the City or as more detailed studies (grading, etc.) were competed and resulted in shifts in land use boundaries or product type. However, throughout the numerous iterations, the basic concept and location of the land uses remained unchanged. The various iterations were refined to reflect new direction and information and did not represent true alternatives for consideration. 81.2 Alternatives Selected for Analysis This section contains alternatives that have been determined to represent a reasonable range of alternatives which have the potential to feasibly attain most of the basic objectives of the Arrowhead Springs Specific Plan but which may avoid or substantially lessen any of the significant effects of the project. Only those impacts found significant and unavoidable are used in making the final determination of whether an alternative is environmentally superior or inferior to the proposed project. Environmental impacts of the Specific Plan involving air quality and cultural resources, and noise were found to be significant and unavoidable. The alternatives include the No Project/Use of Existing Facilities Alternative, Reduced Intensity Alternative, and Wetlands Avoidance Alternative. 81.2.1 No-Project/Existing Zoning Alternative~ The No Project alternative for the Arrowhead Springs area assumes that the County portion of the property is not annexed into the City of San Bernardino and the area is allowed to develop with existing zoning which would allow residential development with densities anywhere between 4.5 dwelling units per acre and one (1) dwelling unit per 40 acres. This alternative also assumes that operation of existing facilities for use as a resort could resume with minor and necessary health and safety repairs. The No Project/Existing Zoning Alternative would be considered the environmentally superior alternative as compared to the proposed Arrowhead Springs Specific Plan for Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Hazards, Hazardous Materials, Hydrology and Water Quality, Noise, Population and Housing, Transportation and Traffic, and Utilities and Service Systems. The No ProjectAExisting Zoning Alternative would be considered the environmentally inferior for Aesthetics and environmentally neutral for Land Use and Planning, Public Services, and Recreation. Finding: Alternative Less Than Desirable The San Bernardino City Council finds that the No-Project/Existing Zoning Alternative, while feasible, is less than desirable than the proposed project and rejected this alternative for the following reasons: . Although the number of residential units would nearly be the same as the proposed project, existing CitylCounty zoning would result in mostly large lot development that could be scattered over the entire property along vyith the road infrastructure. Coordinating development between two jurisdictions may be difficult and not result in development of the entire site that is well thought out. Page 26 . The Planning Center October 2005 po ... Part B - Arrowhead Springs Specific Plan 81. FINDINGS ON PROJECT ALTERNATIVES CONSIDERED IN THE DRAFT EIR . There would be no development standards or design guidelines that would ensure preservation of as much open space as the proposed project. There would be no encouragement for compact development that would keep the development of hillsides at a minimum thus preserving the aesthetic mountainous character of the property. . Providing services such as fire protection would continue to be difficult and expensive without compact development or a reliable self contained water infrastructure considering that water service would have to be extended from the City of San Bernardino. . The City of San Bernardino would not realize the goal becoming a "gateway" to the San Bernardino Mountains by establishing a world-class resort, providing jobs and recreational opportunities. 81.2.2 Reduced Intensity Alternative Since construction activities are the primary source of air quality and noise impacts and commercial uses generate the greatest amount of traffic (also contributing to air quality and noise impacts), the reduced intensity alternative focuses on reducing the amount of commercial and office use, which would reduce the size of the area to be graded and consequently would also reduce traffic and associated impacts. This alternative assumes that the Hilltown shops, new hotel, office building, and restaurant are not built and the Village Walk commercial area is limited to 150,000 square feet for neighborhood commercial. The hotel complex would be restored and the associated conference facilities and annex built and all residential areas would be built with this alternative. The Reduced intensity Altemative would be considered the environmentally superior alternative as compared to the proposed Arrowhead Springs Specific Plan for Aesthetics, Air Quality, Geology and Soils, Hazards and Hazardous Materials, Noise, Public Services, Transportation and Traffic and Utilities. The Reduced Intensity Alternative would be considered the environmentally neutral alternative for Biological Resources, Cultural Resources, Hydrology and Water Quality, Land Use and Planning, Mineral Resources, Population and Housing, and Recreation. ~ Finding: Alternative Less Than Desirable The San Bernardino City Council finds that the Reduced Intensity Alternative,while feasible, is less than desirable than the proposed project and rejected this alternative for the following reasons: . This alternative would not accomplish many of the project goals, most importantly creating an economically viable mixed-use resort. Historic restoration of the Arrowhead Springs Hotel, because of the expense, may be jeopardized without the revenue stream and increased property value derived from commercial development. Revitalization and reuse of this historic hotel is the cornerstone of the project which is important to the City not only for the tax revenue but also for accomplishing the goals of the General Plan Update to enhance cultural, recreational and entertainment opportunities. . The desirable goal of having a sustainable development would be difficult to accomplish without the jobs created by the commercial development. The jobs to housing ratio for the proposed project at 1.97, is close to the range preferred by the Southern California Association of Governments. The proposed project provides for a wide range of housing and with an equally wide range of job opportunities in close proximity, employees would be able to live close to work, thus reducing potential traffic. General Plan Update and Associated Specific Plans EIR City of San Bernardino · Page 27 Findings ofF act and Statement of Overriding Considerations .. Part B - Arrowhead Springs Specific Plan 81. FINDINGS ON PROJECT ALTERNATIVES CONSIDERED IN THE DRAFT EIR 81.2.3 Wetlands Avoidance Alternative The wetlands avoidance alternative assumes that development would not occur in areas of potential jurisdictional waters and riparian habitat and in particular Waterman Canyon and West Twin Creek. Although a few holes of the golf course might fit in the non-jurisdictional areas, this alternative would essentially elimi- nate development of an 18-hole golf course and eliminate some of the residential pad sites along Waterman Canyon. With only minor adjustment to the development plan near Lake Vonette that could be arranged without loss of riparian habitat, the remainder of the development would be built. The Wetlands Avoidance Alternative would be considered the environmentally superior alternative as compared to the proposed Arrowhead Springs Specific Plan for Aesthetics, Air Quality, Biological Resources, Geology and Soils, Population and Housing, and Utilities. The Wetlands Avoidance Alternative would be considered the environmentally neutral alternative when compared to the proposed Arrowhead Springs Specific Plan for Cultural Resources, Hazards and Hazardous Materials, Hydrology and Water Quality, Land Use and Planning, Mineral Resources, Noise, Public Services, Recreation, and Transportation and Traffic. Finding: Alternative Less Than Desirable The San Bernardino City Council finds that the Wetlands Avoidance Alternative, while feasible, is less than desirable than the proposed project and rejected this alternative for the following reasons: . West Twin Creek in Waterman Canyon has been known for dangerous flooding events that have resulted in extensive damage to infrastructure and lost lives. The most recent flooding events scoured the reach through Arrowhead Springs removing riparian vegetation and reducing water quality by greatly increasing sediment carried in the creek. The project proposes to improve the alignment and hydraulics of the stream and create flood overflow basins on fairways as part of the development of the golf course. The Wetlands Avoidance Alternative would not provide the valuable flood protection planned as part of the golf course design. Flooding events would continue jeopardizing the residential development and infrastructure planned to the community. Riparian vegetation that may be lost in the process of developing the golf course would be restored in the same approximate location and opportunities exist to enhance the quality of the riparian vegetation with the assurance that it will not be destroyed by future flooding events through improvements to the stream bed. . Eliminating the golf course would not accomplish the goal of creating a .unique" resort community or the goal of providing both' passive and active recreational opportunities. Many world class resorts provide a variety of recreational opportunities to attract a broad range of consumers. Resorts in mountain settings usually rely on r:1atural features such as a lake or ski slopes to provide a range of recreational opportunities. Those natural features are not available at Arrowhead Springs but a golf course can be integrated into Waterman Canyon in such a way that the natural beauty of the area is preserved and additional recreation opportunities are available not only for the resort but for community as a whole. Page 28 . The Planning Center October 2005 Part B - Arrowhead Springs Specific Plan 82. FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT IDENTIFIED IN THE DEIRlFEIR 82 FINDINGS ON POTENT/ALL Y SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT IDENT/FIED IN THE DEIR/FEIR 82. 1 Air Quality AHS Impact 5.2-2: Constnlction activities associated with the proposed project would generate short-term emissions while long-term operation of the project would generate additional vehicle trips and associated emissions in exceedance of SCAQMD's threshold criteria. [Thresholds AQ-2 and AQ-3} The magnitude of development and corresponding generation of air pollutant emissions would exceed the SCAQMD's construction and operational phase emissions thresholds for CO, ROG, NOx and PMlO. Mitigation Measures: AHS 5.2-2A The developer or project applicant shall use zero Volatile Organic Compounds (VOC) content architectural coatings during the construction of the project to the maximum extent feasible which would reduce VOC (ROG) emissions by 95 percent over convention architectural coatings. AHS 5.2-28 Prior to and/or during construction operations, the property ownerldeveloper shall implement the following measures to further reduce fugitive dust emission to the extent feasible. To assure compliance, the City shall verify that these measures have been implemented during normal construction site inspections: ~ . Pave, gravel or apply nontoxic soil stabilizers on-site haul roads with 150 or more daily trips . Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time . Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods . Dispose of surplus excavated material in accordance with localordinances and use sound engineering practices . Maintain a minimum of one-foot freeboard ratio on haul trucks or cover payloads on trucks hauling soil using tarps or other suitable means . Install adequate storm water control systems to prevent mud deposition onto paved areas. . Water active sites at least three times daily. Finding: The mitigation measures identified above would reduce potential impacts associated with air quality to the extent feasible. Despite the application of mitigation measures, Impact 5.2-2 would result in a significant unavoidable adverse air quality impact due to the magnitude of emissions that would be generated during construction and operation. The proposed project is expected to generate General Plan Update and Associated Specific Plans EIR City of San Bernardino · Page 29 Findings ofF act and Statement of Overriding Considerations Part B - Arrowhead Springs Specific Plan B2. FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT IDENTIFIED IN THE DEIRlFEIR emissions levels that exceed the AQMD threshold criteria for CO, ROG, NOx, and PM10 in the SoCAB. A Statement of Overriding Considerations must be adopted by the Common Council concurrent with project approval. AHS Impact 5.2-3: The Arrowhead Springs Specific Plan project would delay attainment of the South Coast AQMP. [Threshold AQ-3J Emissions associated with the Arrowhead Springs Specific Plan would exceed the SCAQMD significance thresholds during construction and operational phases. As such, the SCAQMD considers these emissions to be significant on a cumulative basis. Mitigation Measure: AHS 5.2-3 Implementation of mitigation measures AHS 5.2-2A and AHS 5.2-2B shall be applied to reduce cumulative impacts. Finding: The mitigation measures identified above would reduce potential cumulative impacts associated with air quality to the extent feasible. Despite the application of mitigation measures Impact 5.2-3 would result in a significant unavoidable adverse air quality impact due to the magnitude of emissions that would be generated during construction and operation. The proposed project is expected to generate emissions levels that exceed AQMD threshold criteria for CO, ROG, NOx, and PM10 in the SoCAB. A Statement of Overriding Considerations must be adopted by the Common Council concurrent with project approval. B2.2 Biological Resources AHS Impact 5.3-1: Development of the project would disturb or remove approximately 420 acres of plant communities of which approximately 124 acres contain sensitive vegetation communities, plant and animal species. [Threshold B-1J Project implementation, primarily construction in West Twin CreeklWaterman Canyon would result in the direct removal of sensitive vegetation communities. Impacts would be potentially significant. Direct impacts to one federal and state-listed plant species (thread leaved brodiaea) known to occur on the site; and four federal candidate plant species (smooth tarplant, Plummer's mariposa lily, Parry's spineflower, and many-stemmed dudleya) that were not observed but with a moderate likelihood to occur would result in a potentially significant impact. Direct impacts to one federal threatened and one federal proposed endangered amphibian species, and one federal candidate wildlife species Mitigation Measures: AHS 5.3-1 Prior to the issuance of grading permits, a qualified biologist shall conduct detailed surveys for sensitive vegetation communities, plants, and wildlife that occur within the final grading footprint and associated construction staging areas for the proposed development. If listed species are determined to be present, consultation with the USFWS and CDFG shall be initiated. The applicant shall comply with project-specific permit conditions and requirements developed through consultation with USFWS and CDFG. Including: Page 30 . The Planning Center October 2005 Part B -Arrowhead Springs Specific Plan 82. FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT IDENTIFIED IN THE DEIRlFEIR . Avoidance and minimization of impacts to listed species through revised project design. . Provision of in-kind native habitat/vegetation through onsite revegetation and restoration at a minimum 2 to 1 ratio or higher ratio as required by USFWS and CDFG. . Provision of compensation through acquisition of offsite mitigation areas at a minimum 2 to 1 ratio or higher ratio as required by USFWS and CDFG. Finding: The mitigation measure identified is feasible and would avoid or substantially lessen the potentially significant impacts associated with biological resources to a level of less than significant and no unavoidable adverse impacts would occur. AHS Impact 5.3-2: Development of the project would potentially result in the loss of approximately 51 acres of riparian habitat. {Threshold B-2J Approximately 51 acres of riparian habitat would be impacted by construction of the proposed project primarily along West Twin Creek in Waterman Canyon. Mitigation M~asures: AHS 5.3-2A AHS 5.3-2B Prior to the issuance of grading permits for any project potentially affecting riparian habitat, jurisdictional waters, and/or wetland habitat, the property owner/developer shall provide evidence to the that allQJ!cessary permits have been obtained from the CDFG (pursuant to Section 1600 of the 'Fish and Game Code) and the USACE (pursuant to Section 404 of the CWA) or that no such permits are required, in a manner meeting the approval of the Director of Development Services for the City of San Bernardino. Section 404 Permits from the USCOE will also require a Section 401 Water Quality Certification from the California RWQCB Santa Ana. Project applicant shall provide evidence of a Section.401 Water Quality Certification. If federally listed species are present. consultation with USFWS shall also occur in conjunction with the Section 404 permit. ~ Prior to issuance of a grading permit for any area containing resources subject to the jurisdiction of. USACE and CDFG, USFWS, and RWQCB, a comprehensive Revegetation and Restoration Plan shall be developed by the applicant in consultation with the applicable agencies. The plan shall incorporate the applicable permit conditions and requirements of these agencies including the Section 404 Permit, 401 Water Quality Certification, and CDFG Section 1600 Streambed Alteration Agreement. Native vegetation shall be installed at a minimum ratio of 2 to 1 and maintained along the developed/wildland interface of the golf course and associated residential units, including local native plant landscaping. The plan will address the following items: . Responsibilities and qualifications of the personnel to implement and supervise the plan: The responsibilities of the landowner, specialists and maintenance personnel that will supervise and implement the plan will be specified. General Plan Update and Associated Specific Plans EIR City of San Bernardino · Page 31 Findings of Fact and Statement of Overriding Considerations Part B - Arrowhead Springs Specific Plan 82. FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT IDENTIFIED IN THE DEIRlFEIR . Sfte selection: The site for mitigation will be determined in coordination with the City, USFWS, CDFG, and USFWS. The site will be located within land to be purchased or preserved offsite within the San Gabriel watershed. . Restoration and creation of habitat: The plan shall require the creation of riparian habitat in the amount and of the type required by CDFG and USACE, provided, however, that, in order to assure no net loss of jurisdictional resources on an acre-for-acre basis, all impacted USACE and CDFG jurisdictional habitat shall be compensated by restoration, enhancement or creation at a minimum of 3:1 ratio. . Sfte preparation and planting implementation: The site preparation will include: 1) protection of existing native species, 2) trash and weed removal, 3) native species salvage and reuse (Le. duff), 4) soil treatments (Le. imprinting, decompacting), 5) temporary irrigation installation, 6) erosion control measures (Le. rice or willow wattles), 7) seed mix application, and 8) container species. . Schedule: A schedule will be developed that includes planting to occur during the appropriate season. . Maintenance plan/guidelines: The maintenance plan will include: 1) weed control, 2) herbivory control, 3) trash removal, 4) irrigation system maintenance, 5) maintenance training, and 6) replacement planting. . Monitoring plan: The monitoring plan will include: 1) qualitative monitoring (Le., photographs and generc:iTobservation), 2) quantitative monitoring (Le.. randomly placed transects), 3) performance criteria as approved by the resource agencies, 4) monitoring reports for three to five years, 5) site monitoring as required by the resource agencies to ensure successful establishment of riparian habitat within the restored and created area. Successful establishment is defined per the performance criteria agreed to by the USACE, USFWS, CDFG, and the City or subsequent project applicant. . Long-term preservation: Long-term preservation of the site will also be outlined in the conceptual mitigation plan. AHS 5.3-2C The applicant shall en~ure that polluted runoff from the golf course will not enter riparian habitat and jurisdictional waters, including wetland habitat, through implementation of Mitigation Measures 5.7-18, 5.7-1C, 5.7-10, and 5.7-1E (Section 5.7, Hydrology). Finding: The mitigation measures identified are feasible and would avoid or substantially lessen the potentially significant impacts associated with biological resources to a level of less than significant and no unavoidable adverse impacts would occur. AHS Impact 5.3-3: The proposed project would impact approximately 58 acres of potential jurisdictional waters, including wetlands. [Threshold B-3J Approximately 58 acres of potential jurisdictional (U.S. Army Corp of Engineers and California Department of Fish and Game) waters. including wetlands, would be impacted by the proposed project. Page 32 . The Planning Center October 2005 Part B - Arrowhead Springs Specific Plan 82. FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT IDENTIFIED IN TJiE DEIRlFEIR Mitigation Measures: AHS 5.3-3 Project applicant shall implement mitigation measure 5.3-2 to address impacts to jurisdictional waters and wetlands. Finding: The mitigation measure identified is feasible and would avoid or substantially lessens the potentially significant impacts associated with biological resources to a level of less than significant and no unavoidable adverse impacts would occur. AHS Impact 5.3-4: The proposed project would affect wildlife movement in West Twin CreelclWaterman Canyon. [Threshold 8-4J The proposed project may potentially affect the movement of resident or migratory wildlife species in West Twin CreeklWaterman Canyon. AHS 5.3-4A Mitigation Measures: AHS 5.3-4B Prior to issuance of a grading permit for the golf course construction and creek realignment, the applicant shall conduct a wildlife corridor/movement analysis of West Twin CreeklWaterman Canyon to identify and define the limits of the existing wildlife corridor. Based on the results of the analysis, and in consultation with a qualified biologist and a qualified native community restorationist, the landscaping plan for manufactured slopes along the drainage shall include: ~ . Provision of north-south wildlife movement and linkage opportunities for the affected species along and adjacent to the realigned creek. . Planting of a minimum 25-foot buffer zone, within a 50-foot setback, of native shrubs and trees that provide maximum screening. . Exterior lighting shall be prohibited within the 50-foot setback zone. Light sources adjacent to the wildlife corridor shall be directed away from the corridor. . To allow for the mobility of animals, fencing used in the 50-foot setback zone shall be limited to open fencing, such as split rail fencing, which does not exceed 40 inches in height above the finished grade. . If construction activities, including removal of riparian vegetation or construction adjacent to riparian habitat, is to occur between March 15 and August 30, the project proponent shall have.a biologist conduct a pre-construction, migratory bird and raptor nesting site check. The biologist must be qualified to determine the status and stage of nesting effort by all locally breeding raptor species without causing intrusive disturbance. If an active nesting effort is confirmed very likely by the biologist, no construction activities shall occur within at least 300 feet of the nesting site until measures to address the constraint are agreed to by the project proponent and USFWS personnel. This agreement may be made by conference call, an on-site meeting, or other mutually agreeable means. Measures available as options to address this constraint are dependent on the species and any other protections afforded it, details of the nest site, the nest stage, types and General Plan Update and Associated Specific Plans EIR City of San Bernardino . Page 33 Findings ofF act and Statement of Overriding Considerations Part B - Arrowhead Springs Specific Plan 82. FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT IDENTIFIED IN THE DEIRlFEIR levels of ongoing disturbances, the relevant project actions, and distances involved. Specific measures would be determined by the regulating agency (USFWS). Finding: The mitigation measures identified are feasible and would avoid or substantially lessen the potentially significant impacts associated with biological resources to a level of less than significant and no unavoidable adverse impacts would occur. 82.3 Cultural Resources AHS Impact 5.4-1: Build-out of the Arrowhead Springs Specific Plan would impact an identified historic resource. [Threshold C-1] The proposed land use plan would result in the demolition of several buildings which contribute to the historical significance of the property. The CEQA Guidelines require a project which will have potentially adverse impacts on historic resources to conform to the Secretary of the Interior's Standards for the Treatment of Historic Properties, in order for the impacts to be mitigated to below significant and adverse levels. The demolition of an historic property cannot be seen as conforming with the Secretary of the Interior's Standards. Build-out of the proposed plan would also result in the introduction of land uses in close proximity to remaining historic features, which would substantially alter the existing historic and natural setting of the Arrowhead Springs property. Mitigation Measures: Prior to issuance of any building, grading or demolition permit for the modification or destruction of any historic structure, the project applicant shall submit to the Director of Development Services written recommendations prepared by a qualified architectural historian of the measures that shall be implemented to protect each historic site eligible for listing on the NRHP and CRHP. The list includes but is not limited to the following as shown in Table 5.4-1 and illustrated in Figure 5.4-3. AHS 5.4-1A Bun alow 10 Mud Baths Smith Memorial Indian Statue Reservoir S 'n s Fountains Terrace and Tennis Courts Landsca Elements Miscellaneous Features Modification. Appropriate mitigation measures for "historical resources" could include preservation of the site through avoidance or capping, incorporation of the site in greenspace, parks, or open space, data recovery excavations of the finds, or a rehabilitation plan in compliance with the Secretary of Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995) prepared by a qualified historic preservation. professional that would be based to the greatest extent feasible on historical data. A particular focus of the rehabilitation plan should be the hotel building, including landscaping, interiors, exteriors and furnishings. Page 34 . The Planning Center October 2005 AHS 5.4-1 B Part B - Arrowhead Springs Specific Plan 82. FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT IDENTIFIED IN THE DEIRlFEIR Demolition. To the extent eligible sites are not preserved in place, prior to the issuance of a demolition permit for the demolition of any Historic Structure eligible for listing on the NRHP and CRHP, including Bungalows 3,7,8,9,10 and 11, the historian shall conduct a data recovery program which includes: Comprehensive Survey. A comprehensive inventory of historic features on the property, including but not limited to buildings, structures, objects, water features, wall, and landscape materials shall be conducted. To the greatest extent feasible, the preservation and rehabilitation of historic features on the property shall be incorporated into the development plan. Interpretative Plan. The applicant shall be required to produce an historical interpretation plan for the property. This plan shall include a permanent, on-site display within a public area which will provide historic information about the founding and history of Arrowhead Springs. Historic and/or contemporary photographs and other artifacts and materials should be included within the display. Other indoor or outdoor interpretive displays shall be produced, as appropriate. The precise content, format, and location and design shall be determined by a qualified historic preservation professional, and subject to the approval by the City of San Bernardino. Documentation. A Historic American Buildings Survey (HABS) outline format narrative description of the property, contemporary and historic photographs, and other relevant documentation shall be prepared by a historic consultant approved by the City. Prior to the issuance of a demolition permit for the subject property, the report shall be submitted for approval to the Director of Community Development and the Director of Community Services, and an approved original shall be deposited in the City of San Bernardino Branches of the San BernardinO'County Public Library (or other suitable repository as determined by the Directors of Community Development and Community Services). The EIR concludes that there are or may be significant historical structures/resources not currently ascertainable within areas where ground disturbing activity is proposed by the project. Therefore, prior to issuance of the first preliminary or precise grading permit for development in the Arrowhead Springs Specific Plan area, the landowner or subsequent project applicant shall provide evidence that an qualified historic preservation professional has been retained by the landowner or subsequent project applicant, and has conducted a site survey of the development area at such time as all ground surfaces are visible after current uses are removed. If any sites "are discovered, the historian shall conduct surveys and/or test level investigations. Testing and evaluation may consist of surface collection and mapping, limited subsurface excavations, and the appropriate analyses and research necessary to characterize the artifacts and deposit from which they originated. Upon completion of the test level investigations, for sites are determined to be unique a "historical resource" as set forth in CEOA Guidelines Section 15064.5, the following measures shall be undertaken: the historian shall submit its recommendations to the landowner or subsequent project applicant and the Director of Community Development on the measures that shall be implemented to protect the site. Appropriate measures could include preservation in place through planning construction to avoid the historical resource, incorporation into greenspace, parks, or open space, data recovery excavations of the finds or compliance with the Secretary of Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic buildings (1995). General Plan Update and Associated Specific Plans EIR City of San Bernardino · Page 35 Findings of Fact and Statement of Overriding Considerations ~ Part B - Arrowhead Springs Specific Plan 82. FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT IDENTIFIED IN THE DEIRlFEIR . Preparation of a research design for those sites determined to the "historical resources" that cannot be avoided that describes the recommended field investigations, and makes provisions for adequately recovering the scientifically consequential information from and about the "historical resource." . Conducting site excavations in accordance with the research design with an emphasis on obtaining an adequate sample for analysis within the limits of the research questions being addressed. Special studies such as pollen analyses, soil analyses, radiocarbon dating, and obsidian hydration dating should be conducted as appropriate. . Monitoring of all field excavations by a Native American representative. . Preparation of a final report of the Phase 3 data recovery work and submittal of the research design and final report to the South Central Coastal Information Center (SCCIC), and other agencies, as appropriate. . If any Native American archaeological artifacts are recovered, the project applicant shall contact the City, which shall in turn contact the Morongo Band of Mission Indians and any other designated Tribe(s)' tribal representative, as determined by the Native American Heritage Commission(NAHC) to notify them of the discovery. The applicant shall coordinate with the City of San Bernardino and the designated Tribe(s) to determine, in good faith, the appropriate disposition Native American artifacts and the designated Tribe(s) shall be given the opportunity to seek the retum of any Native American artifacts discovered. Any non-Native American archaeological artifacts recovered as a result of mitigation shall be donated to a qualified scientific institution approved by the Director of Community Development where they would be afforded long-term preservation to allow future scientific study. Finding: Although the mitigation measures listed above would reduce the impacts to historic resources, demolition of historic structures can not be mitigated in accordance with CEQA Guidelines. Therefore the impacts to historic resources would remain a significant unavoidable adverse impact and a Statement of Overriding Considerations must be adopted. AHS Impact 5.4-2: Build-out of the Arrowhead Springs Specific Plan would impact archaeo- logical resources, paleontological resources, or a unique geologic feature. [Thresholds C2 and C-3] Development activities pursuant to the Arrowhead Springs Specific Plan, such as grading and establishment of infrastructure would result in significant impacts to known archaeological resources. Portions of the Arrowhead Springs area that are proposed for development may contain additional prehistoric sites which have not been recorded or identified and which may be impacted by site disturbance activities. Mitigation Measures: AHS 5.4-2A Prior to issuance of the first preliminary or precise grading permit, and for any subsequent, permit involving excavation to increased depth, the landowner or subsequent project applicant shall provide evidence that an archaeologist and/or paleontologist have been retained by the landowner or subsequent project applicant, and that the consultant(s) will be present during all grading and other significant ground Page 36 . The Planning Center October 2005 Part B - Arrowhead Springs Specific Plan 82. FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT IDENTIFIED IN THE DEIRlFEIR disturbing activities. These consultants shall be selected from the roll of qualified archaeologist and paleontologists maintained by the County of San Bemardino. Should any archeological/paleontological resources be discovered, the monitor is authorized to stop all grading in the immediate area of the discovery, and shall make recom- mendations to the Director of Development Services on the measures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines. If the resources are determined to be "historic resources" at that term is defined under Section 15064.5 of the CEOA Guidelines, mitigation measures shall be identified by the monitor and recommended to the Director of Development Services. Appropriate mitigation measures for significant resources could include avoidance or capping, incorporation of the site in greenspace, parks or open space, or data recovery excavations of the finds. No further grading shall occur in the area of the discovery until the Director approves the measures to protect these resources. If any Native American paleontological or archaeological artifacts are recovered as a result mitigation the City shall contact the Morongo Band of Mission Indians and any other designated Tribe(s)' tribal representative, as determined by the Native American Heritage Commission(NAHC) to notify them of the discovery. The applicant shall coordinate with the City of San Bernardino and the designated Tribe(s) to determine, in good faith, the appropriate disposition Native American artifacts and the designated Tribe(s) shall be given the opportunity to seek the retum of any Native American artifacts discovered. Any non-Native American paleontological or archaeological artifacts recovered as a result of mitigation shall be donated to a qualified scientific institution approved by the Director ~ of Community Development where they would be afforded long-term preservation to >>I4( allow future scientific study. UU AHS 5.4-2B Prior to the issuance of any graCIng permit, the following note shall be placed on the cover sheet, and discussed at the pre-grade meeting: a) The paleontologist retained for the project shall immediately evaluate the fossils which have been discovered to determine if the are significant and, if so, to develop a plan to collect and study them for the purpose of mitigation. b) The paleontologic monitor must be empowered to temporarily halt of redirect excavation equipment of fossils are found to allow evaluation and removal of them if necessary, the monitor should be equipped to speedily collect specimens if the are encountered. c) The monitor, with assistance if necessary, shall collect individual fossils and/or samples of fossil bearing sediments. If specimens of small animal species are encountered, the most time and cost efficient method of recovery is to remove a selected volume of fossil bearing earth from the grading area and screen wish it off-site. d) Fossils recovered during the earthmoving or as a result of screen-washing of sediment samples shall be cleaned and prepared sufficiently to allow identification. This allows the fossils to be described in a report of findings and reduces the volume of matrix around specimens prior to storage, thus reducing storage costs. General Plan Update and Associated Specific Plans EIR City of San Bernardino · Page 37 Findings of Fact and Statement of Overriding Considerations Part B - Arrowhead Springs Specific Plan 82. FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT IDENTIFIED IN THE DEIRlFEIR e) A report of findings shall be prepared and submitted to the public agency responsible for overseeing developments and mitigation of environmental impacts upon completion of mitigation. This report would minimally include a statement of the type of paleontological resources found, the methods and procedures used to recover them, an inventory of the specimens recovered, and a statement of their scientific significance. AHS 5.4-2C The EIR concludes that there are or may be significant archaeological resources within areas where ground disturbing activity is proposed by the project. Therefore, prior to the first preliminary or precise grading permit for development in the Arrowhead Springs Specific Plan area, each prehistoric and historic archeological site (listed below and described in Table 5.4-3) located within the project grading footprint must be tested and evaluated, following clearing and scraping activities. . CA-SBR-2268/H, including the four loci . CA-SBR-6870H . CA-SBR-7019H . CA-SBR-7020H . CA-SBR-7022H . CA-SBR-7049H . P1071-21 . P36-017732 Testing and evaluation may consist of surface collection and mapping, limited subsurface excavations, and the appropriate. analyses and research necessary to characterize the artifacts and deposit from which'they originated. Upon completion of the test level investigations, for sites are determined to be unique archaeological sites or historical resources as set forth in CEQA Guidelines Section 15064.5, the following measures shall be undertaken: the archaeologist shall submit its recommendations to, the landowner or subsequent project applicant and the Director of Community Development on the measures that shall be implemented to protect the sites. Appropriate measures for unique archaeological resources or historical resources could include preservation in place through planning construction to avoid archaeological sites; incorporation of sites within parks, greenspace, or other open space; covering the archaeological sites with a layer of chemically stable soil before building tennis courts, parking lots, or similar facilities on the site or deeding the site into a permanent conservation easement. When data recovery throug~ excavation is the only feasible mitigation, a data recovery plan, which makes provision for adequately recovering the scientifically consequential information from and about the historical resource, shall be prepared and adopted prior to any excavation being undertaken. Such studies shall be deposited with the Califomia Historical Resources Regional Information Center. Archaeological sites known to contain human remains shall be treated in accordance with the provisions of Section 7050.5 Health and Safety Code. . Preparation of a research design for those sites determined to the "historical resources" that cannot be avoided that describes the recommended field investigations, and makes provisions for adequately recovering the scientifically consequential information from and about the "historical resource." Page 38 . The Planning Center October 2005 Part B - Arrowhead Springs Specific Plan 82. FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT IDENTIFIED IN THE DEIRlFEIR . Conducting site excavations in accordance with the research design with an emphasis on obtaining an adequate sample for analysis within the limits of the research questions being addressed. Special studies such as pollen analyses, soil analyses, radiocarbon dating, and obsidian hydration dating should be conducted as appropriate. . Monitoring of all field excavations by a Native American representative. . Preparation of a final report of the Phase 3 data recovery work and submittal of the research design and final report to the South Central Coastal Information Center (SCCIC), and other agencies, as appropriate. . If any Native American archaeological artifacts are recovered, the project applicant shall contact the City, which shall in turn contact the Morongo Band of Mission Indians and any other designated Tribe(s)' tribal representative, as determined by the Native American Heritage Commission(NAHC) to notify them of the discovery. The applicant shall coordinate with the City of San Bernardino and the designated Tribe(s) to determine, in good faith, the appropriate disposition Native American artifacts and the designated Tribe(s) shall be given the opportunity to seek the return of any Native American artifacts discovered. Any non-Native American archaeological artifacts recovered as a result of mitigation shall be donated to a qualified scientific institution approved by the Director of Community Development where they would be afforded long-term preservation to allow future scientific study. ~ Finding: The mitigation measures Identified are feasible and would avoid or substantially lessen the potentially significant impacts associated with archeological andlor paleontological resources or unique geologic features to a level of less than significant and no unavoidable adverse impacts would occur. - AHS Impact 5.4-3: Grading activities could potentially disturb human remains in the Arrowhead Springs Specific Plan area. [Threshold C-4} The site does contain the remains of David Nobel Smith at a marked memorial and the area was also known to be used by Native American tribes, increasing the likelihood that undiscovered human remains may exist. Site grading and construction activities may result in the discovery of human remains. whiCh-would result is a significant impact. Mitigation Measures: AHS 5.4-3A In the event of the accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the following steps shall be taken: There shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the San Bernardino County Coroner is contacted to determine if the remains are prehistoric and that no investigation of the cause of death is required. If the coroner determines the remains to be Native JVnerican, then the coroner shall contact the Native American Heritage Commission within 24 hours, and the Native American Heritage Commission shall identify the person or persons It believes to be the most likely descendent from the deceased Native American. The most likely descendant may make recommendations General Plan Update and Associated Specific Plans EIR City of San Bernardino · Page 39 Findings of Fact and Statement of Overriding Considerations Part B - Arrowhead Springs Specific Plan 82. FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT IDENTIFIED IN THE DEIR/FEIR AHS 5.4-3B AHS 5.4-3C to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as provided in Public Resources Code Section 5097.98; or Where the following conditions occur, the landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity either in accordance with the recommendation of the most likely descendant or on the property in a location not subject to further subsurface disturbances: . The Native American Heritage Commission is unable to identify a most likely descendant or the likely descendant failed to make a recommendation within 24 hours after being notified by the commission; or . The descendant identified fails to make a recommendation; or . The landowner or his authorized representative rejects the recommendation of the descendant, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. Upon receipt of an application for a project subject to CEQA and within the City's jurisdiction, the City of San Bernardino's representative shall consult with the relevant Tribe(s)' tribal representative(s), as determined by the Native American Heritage Commission, to determine if the proposed project is within a culturally sensitive area to the tribe. If sufficient evidence is provided to reasonably ascertain that the site is within a [tribal] culturally sensitive area,-then a cultural resources assessment prepared by a City-certified archaeologist shall be required. The findings of the cultural resources assessment shall be incorporated into the CEQA documentation. A copy of the report shall be forwarded to the Tribe(s). If mitigation is recommended in the CEQA document, the procedure described in MM 5.4-3C shall be followed. Prior to the issuance of grading permits for which the CEQA document defines cultural resource mitigation for potential tribal cultural resources, the project applicant shall contact the designated Tribe(s)' tribal representative to notify them of the grading, excavation, and monitoring program. The applicant shall coordinate with the City of San Bernardino and the tribal representative(s) to negotiate an Agreement that addresses the designation, responsibilities, and participation of tribal monitors during grading, excavation, and ground-disturbing activities; scheduling; terms of compensation; and treatment and final disposition of any cultural resources, sacred sites, and human remains discovered on the site. The City of San Bernardino shall be the final arbiter of the conditions included in the Agreement. Finding: The mitigation measures identified are feasible and would avoid or substantially lessen the potentially significant impacts associated with disturbance of human remains outside of formal cemeteries to a level of less than significant and no unavoidable adverse impacts would occur. 82.4 Geology and Soils AHS Impact 5.5-2: Unstable geologic unit or soils conditions, including soil erosion, could result due to build-out of the Arrowhead Springs Specific Plan. [Thresholds G-2 and G-3] October 2005 Page 40 . The Planning Center Part B - Arrowhead Springs Specific Plan 82. FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT IDENTIFIED IN THE DEIRlFEIR Portions of the Arrowhead Springs Specific Plan area are located on unstable geological units or have unstable soil conditions that may result in loss of topsoil or be susceptible to landslides, lateral spreading, liquefaction, subsidence, and collapse. . Mitigation Measures: AHS 5.5-2a AHS 5.5-2b AHS 5.5-2c AHS 5.5-2d All projects within the Arrowhead Springs Specific Plan area shall follow all geotechnical recommendations provided within the Report of Preliminary Geotechnical Evaluations produced by Soils Southwest Inc. Site specific geotechnical analysis shall be required for all new developments within the Arrowhead Springs Specific Plan area to determine existing soils conditions, soil recommendations for fill material prior to grading, and slope stability. Detailed geologic and geotechnical evaluations shall be made for construction of structural footings and slab-on-grade for placement on compacted fill soils. No fill shall be placed, spread or rolled during unfavorable weather conditions. Where work is interrupted by heavy rains, fill operations shall not be resumed until moisture conditions are considered favorable by the soils engineer. Proposed level structural pad areas shall be carefully evaluated by project geologist to determine whether these locations can be rendered safe and stable without potentially affecting offsite improvements. Excavated footings shall be inspected, verified, and certified by soils engineer prior to steel and concrete placement to ensure their sufficient embedment and proper bearing. Structural backfill shall be placed under direct observation and testing. ~'_ . ~ Finding: The mitigation measures identified are feasible and would avoid or substantially lessen the potentially significant impacts associated with geology and soils to a level of less than significant and no unavoidable adverse impacts would occur. 82.5 Hazards and Hazardous Materials AHS Impact 5.6-1: Arrowhead Springs Specific Plan operations would involve the transport, use and/or disposal of hazardous materials or release of hazardous materials. [Thresholds H-1, H-2, and H-3J- The Arrowhead Springs Specific Plan area would result in the expansion of the existing development to include new commercial and residential uses. The Phase I Site Assessment identified recognized environmental conditions and historical recognized environmental conditions that may pose a hazard to people or the environment. Furthermore, naturally occurring emissions from the geothermal activity may also pose a hazard to people if development were to be concentrated in these areas. AHS 5.6-1a Mitigation Measures: AHS 5.6-1b Oil impacted materials identified onsite shall be properly cleaned and disposed of in accordance state and local laws. Soil samples shall be collected in the area surrounding the drying beds at the small sanitary sewer treatment facility and shall be tested for elevated metal concentrations. General Plan Update and Associated Specific Plans EIR City of San Bernardino · Page 41 Findings of Fact and Statement of Overriding Considerations Part B - Arrowhead Springs Specific Plan 82. FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT IDENTIFIED IN THE DEIRlFEIR AHS 5.6-1c Prior to approval of Tentative Tract Maps in the Arrowhead Springs Specific Plan area in the vicinity of the identified geothermal areas, the developer shall initiate a risk assessment to identify possible risks associated with the development adjacent to the geothermal activity of Arrowhead Springs. The risk analysis shall include a risk assessment of radon, methane, propane, and mercury associated with the geothermal vents, hot springs, and mercury accumulation in the soils where development is to occur. Ventilation systems shall be designed in accordance with the National Fire Protection Association guide to ensure that indoor air concentrations of these hazards associated with the geothermal activity would not result in a hazard for building occupants. If an active (Le. mechanically operated) ventilation system is used, the developer would be required to obtain relevant permits from the AQMD. Finding: The mitigation measure identified is feasible and would avoid or substantially lessen the potentially significant impacts associated with hazards and hazardous material to a level of less than significant and no unavoidable adverse Impacts would occur 82.6 Hydrology and Water Quality AHS Impact 5.7-1: During the construction phase of the proposed project, there is the potential for short-term unquantifiable increases in pollutant concentrations from the site. After project development, the quality of storm water runoff (sediment, nutrients, metals, pesticides, pathogens, and hydrocarbons) may be altered. [Thresholds HOo1 and HD-6} Construction activities could lead to temporary impacts on surface water quarter quality through an increase in sediment deposited in local streams due to soil erosion and/or the release of other pollutants associated with construction. Development of the site would urbanize a total of approximately 506 acres, including 199 acres for a golf course, which would result in substantial alteration in the existing site conditions and the introduction of urban pollutant sources that could impact water quality for surface and ground water resources. Mitigation Measures: AHS 5.7-1A AHS 5.7-1B Prior to the issuance of land disturbing permits, the applicant shall provide the City Engineer with evidence that a Notice of Intent (NOI) has been filed with t!le State Water Resources Control Board. Such evidence shall consist of a copy of the NOI stamped by the State Water Resources Control Board or the Regional Water Quality Control Board, or a letter from either agency stating that the NOI has been filed a minimum of thirty days prior to commencing grading operations. Prior to issuance of land disturbing permits and in compliance with the requirements of the State General Construction Activity Storm Water Permit, the project applicant shall prepare a Storm Water Pollution Prevention Plan (SWPPP) that incorporates measures or comparable Best Management Practices which describe the site, erosion and sediment controls, means of waste disposal, implementation of approved local plans, control of post-construction sediment and erosion control measures and maintenance responsibilities, and non-storm water management controls. The SWPPP shall also be submitted to:the City of San Bernardino Public Works Department. The applicant shall require all construction contractors to retain a copy of the approved SWPPP on each construction site. Additionally, the SWPPP shall ensure that all water discharges are in October 2005 Page 42 . The Planning Center AHS 5.7-1C AHS 5.7-10 AHS 5.7-1 E Part B - Arrowhead Springs Specific Plan 82. FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT IDENTIFIED IN THE DEIRlFEIR compliances with the current requirements of the California Regional Water Quality Control Board, Santa Ana Region. Prior to issuance of land disturbing permits and in compliance with City of San Bernardino Municipal Code Chapter 8.80, the applicant shall prepare a Storm Water Quality Management Plan (SWQMP). The SWQMP shall implement all applicable BMPs, as listed in the California Storm Water Best Management Practices Handbooks or the current, San Bernardino County Storm Water Program's Report of Waste Discharge, to reduce pollutants in storm water and runoff and reduce non-storm water discharges to the City's storm water drainage system to the maximum extent practicable. The SWQMP shall demonstrate compliance with California Department of Health Services Section 60310 Use Area Requirements, which state that "no impoundment of disinfected tertiary recycled water shall occur within 100 feet of any domestic water supply well," and "no irrigation with, or impoundment of, disinfected secondary or disinfected secondary recycled water shall take place within 100 feet of any domestic water supply well." Prior to the issuance of land disturbing permits for the golf course, a Chemical Application Management Plan (CHAMP) shall be submitted to and approved by the City of San Bemardino. The CHAMP or similar management plan shall incorporate but not be limited to the following: . A description of chemicals authorized for use and approved by the State of California, along with guidelines for their application. Guidelines shall include restrictions on their application and their use near drainage systems. Chemicals include fertilizers, herbicides, fungicides, insecticides and rodenticides. Guidelines on the application of fertilizers and soil amendments shall take into account consideration the physical characteristics and nutrient content of the soil on the golf course site. ~ . Guidelines for the irrigation of the golf course that take into consideration the field capacity of soil types and the timing with chemical applications; and . Chemical storage requirements and chemical spill response and chemical inventory response plans shall be prepared and implemented._ A water quality monitoring system and program shall be developed and implemented in conjunction with the CHAMP that provides for sampling of all permanent surface water features on a quarterly basis and includes an analysis for non-volatile synthetic organic chemicals, total dissolved solids, chloride, sulfate, total phosphorus, boron, nitrogen as nitrate, total nitrogen, and iron. This monitoring program shall be implemented with consideration of the RWQCB water quality objectives. General Plan Update and Associated Specific Plans EIR City of San Bernardino · Page 43 Findings ofF act and Statement of Overriding Considerations Part B - Arrowhead Springs Specific Plan 82. FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT IDENTIFIED IN THE DEIRlFEIR Finding: The mitigation measures identified are feasible and would avoid or substantially lessen the potentially significant impacts associated with hydrology and water quality to a level of less than significant and no unavoidable adverse Impacts would occur. AHS Impact 5.7-2: Development pursuant to the proposed project would increase the amount of impervious surfaces on the site and utilize surface waters otherWise destined for groundwater recharge reducing opportunities for groundwater recharge. [Threshold HD-2] Project implementation would increase the amount of impervious surfaces in the area, thus impacting the opportunity for groundwater recharge in those areas. Additionally, the proposed project would withdraw water from the surface water streams for drinking water and irrigation purposes and/or retrieve through wells in the Basin excess water that would normally reach the percolation ponds, which would reduce the amount of water available for groundwater recharge in the Basin. Mitigation Measures: AHS 5.7-2A Prior to approval of the first Tentative Tract Map, evidence shall be provided to the Development Services Department that appropriate water rights have been granted including a determination of maximum and minimum withdrawal of water from East and West Twin Creek watersheds (in conjunction with mitigation measure 5.15-1 ). AHS 5.7-2B Prior to approval of the first Tentative Tract Map, the applicant shall secure a site for the supplemental water wells in the San Bemardino Basin and obtain a drilling and operation permit in accordance with Chapter 13.24 (Water Supply System) of the Municipal Code. --..., Finding: The mitigation measures identified are feasible and will avoid or substantially lessen the potentially significant impacts associated with hydrology and water quality to a level of less than significant and no unavoidable adverse impacts would occur. AHS Impact 5.7-3: Development pursuant to the proposed project would increase the amount of impervious surfaces on the site and would therefore increase surface water flows into drainage systems within the watershed. [Threshold HD-3, HD-4, and HD-5] The existing drainage pattern of the site would be substantially altered and development would create an increase in impervious surfaces causing an increase in the amount and rate of storm water discharge to local streams. - Mitigation Measures: AHS 5.7-3A Prior to issuance of land disturbing permits, the applicant shall submit a Final Drainage Plan Report to the City of San Bemardino for review and approval in conformance with the City of San Bernardino requirements that are in effect at the time of submittal. The report shall be prepared by a qualified registered professional civil engineer and shall, at a minimum, include the following: , . A written text addressing existing conditions, the effects of projects improvements, all appropriate calculations, a watershed and hydrology map, changes in downstream flows and elevations, proposed on and off-site Page 44 . The Planning Center October 2005 Part B - Arrowhead Springs Specific Plan 82. FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT IDENTIFIED IN THE DEIRlFEIR improvements (catch basins, inlets, vaults, swales, filters, etc. for entrapment of sediment debris and contaminants), and features to protect downstream uses and property. The project drainage features shall be designed to ensure no change in downstream flow conditions that would result in new or increased severity of flooding. . The report shall provide evidence of compliance with all required approvals from the Regional Water Quality Control Board (401 Water Quality Waiver) and with USCOE 404 permitting for changes to "waters of the U.S." AHS 5.7-3B Maintenance of the storm drainage facilities shall be the responsibility of the project applicant until such time as the facilities are turned over to the City as a public improvement, or included within a Landscape Maintenance District or project home- owners or maintenance association. Easements shall be created and offered for dedication to the City for maintenance and access to these facilities as necessary in anticipation of possible City maintenance. Finding: The mitigation measures identified are feasible and would avoid or substantially lessen the potentially significant Impacts associated with hydrology and water quality to a level of less than significant and no unavoidable adverse impacts would occur AHS Impact 5.7-4: Portions of the project site proposed for development are located within a 100-year flood hazard area. [Thresholds HD-7 and HD-8] ~ Portions of the specific plan area selected for residential development that are adjacent to West Twin Creek are subject to 100-year flood plain inundation. ~ Mitigation Measures: AHS 5.7-4 Prior to issuance of building permits the project applicant shall prepare and file an application with Federal Emergency Management Agency (FEMA), a Letter of Map Revision (LOMR) for Flood Insurance Rate Maps as necessary to reflect changes to the floodway or flood plain resulting from the development to demonstrate that all habitable structures are not subject to flooding in a 100-year storm. The Department of Public Works shall be ,Provided a copy of the LOMR. Finding: The mitigation measure identified Is feasible and will avoid or substantially lessen the potentially significant Impacts associated with hydrology and water quality to a level of less than significant and no unavoidable adverse impacts would occur 82.7 Noise AHS Impact 5.10-1: Implementation of the Arrowhead Springs Specific Plan would result in long- term operation-related noise that would exceed local standards. [Thresholds N-1 and N-3] Project implementation would result in long-term operation-related noise that would exceed local noise standards primarily derived from operation of the proposed wastewater treatment plant and traffic on the new Harrison Parkway and other local roadways studied due to the proximity of residential uses. Cumulative noise General Plan Update and Associated Specific Plans EIR City of San Bernardino · Page 45 Findings ofF act and Statement of Overriding Considerations Part B - Arrowhead Springs Specific Plan 82. FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT IDENTIFIED IN THE DEIRlFEIR impacts would occur due project and background traffic in the year 2030 at Sterling Avenue south of Foothill Drive. Mitigation Measures: AHS 5.10-1A AHS 5.10-1B A site specific acoustic study shall be conducted to analyze and mitigate noise levels along the existing Harrison Street from 40th to 30th Street and submitted to the Development Services Department with plans for road widening of Harrison Street. This acoustic study shall specify the necessary mitigation to achieve exterior noise level limits at residential uses proximate to the new Harrison Parkway. Mitigation measures may include the use of berms or sound walls to attenuate exterior noise levels. A site specific acoustic study shall be conducted to evaluate and, if necessary, mitigate potential noise impacts from the proposed wastewater treatment plan on the golf course and residences located proximate to the project site. The study shall be submitted to the Development Services Department with building plans for approval. Mitigation, if necessary, shall be in compliance with the City's exterior and interior noise limits. Finding: The mitigation measures identified are feasible and will avoid or substantially lessen the potentially significant impacts associated with most noise derived from traffic and noise due to operation of the wastewater treatment plant to a level of less than significant. However cumulative noise levels from traffic along Sterling Avenue south of Foothill Drive can not be sufficiently mitigated resulting in a significant unavoidable adverse noise impact and a statement of overriding consideration must be adopted by the Common Council. AHS Impact 5.10-2: Implementation of the AI7Q'!Vhead Springs Specific Plan project would create short-term and long-term groundbome vibration and groundbome noise. [Threshold N-2l The project would create Qroundbome vibration and groundbome noise that may result in significant vibration impacts from vibration intensive construction activities. Vibration intensive construction activities may temporarily lead to significant vibration impacts if vibration sensitive receivers are located proximate to the construction activities. AHS 5.1 0-2A Mitigation Measures: AHS 5.1 0-2B Prior to issuance of land disturbing permits for projects that would occur within 25 feet of sensitive uses, the project applicant shall submit a list of equipment to the Development Services Department demonstrating compliance with USDOT significance threshold for vibration annoyance of 72 VdB. Prior to issuance of land disturbing permits for projects that would occur within 25 feet of sensitive uses, the project applicant shall submit a list of equipment to the Development Services Department demonstrating compliance with USDOT significance threshold for vibration induced structural damage of 0.20 in/sec. Finding: The mitigation measures identified are feasible and will avoid or substantially lessen most of the potentially significant Impacts associated with ground borne vibration and groundborne noise. However, the phasing of development may place sensitive users adjacent to sources of groundborne vibration and groundborne noise during construction activities such that mitigation measures would October 2005 Page 46 . The Planning Center Part B - Arrowhead Springs Specific Plan 82. FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT IDENTIFIED IN THE DEIRlFEIR not be effective in reducing impacts, resulting in a significant unavoidable adverse impact and a statement of overriding considerations must be adopted by the Common Council. 82.8 Public Services B2.8.1 Fire Protection AHS Impact 5.12-1: Incorporation of the Arrowhead Springs Specific Plan area and subsequent development would introduce new structures, residents, and workers within the City of San Bernardino Fire Department service boundaries, thereby increasing the requirement for fire protection facilities and personnel. [Threshold FP-1] Incorporation and build-out of the Arrowhead Springs Specific Plan area would expand the service boundary for the San Bernardino City Fire Department in an area that has a high number of emergency response calls and high fire danger thereby reducing the level of service for the remainder of the City and resulting in an increased need for addition fire protection facilities and personnel. Mitigation Measures: AHS 5.12-1 Prior to approval of any tract map or development application, the project applicant shall enter into a secured fire protection agreement with the City of San Bernardino to provide necessary fire fighting facilities, personnel, equipment for fire, and emergency services delivery, either through construction of fire facilities, funding or a combination of both. The Agreement shall also address the phasing of required fire facilities. ~ Finding: The mitigation measure identified is feasible and will avoid or substantially lessen the potentially significant impacts associated with fire protection and emergency services to a level of less than significant and no unavoidable adverse impacts would occur. B2.9 Recreation AHS Impact 5.13-2: Buildout. of the Arrowhead Springs Specific Plan area would result in environmental impacts to provide new and/or expanded recreational facilities. [Threshold R-2l Implementation of the Arrowhead Springs Specific Plan would result in new recreation facilities including the development of a 199-acre public golf course in an area of natural environmental. Development of the golf course would result in direct environmental impacts to West Twin CreeK and its natural biotic community. Mitigation Measures: AHS 5.13-2 Project applicant shall adhere to mitigation measures (AHS 5.3-1, AHS 5.3-2A, AHS 5.3- 2B, AHS 5.3-2C, AHS 5.3-4A, AHS 5.3-4B) as detailed in Section 5.3 which are established l<> reduce the impact to the biological resources of West Twin Creek. General Plan Update and Associated Specific Plans EIR City of San Bernardino · Page 47 Findings of Fact and Statement of Overriding Considerations Part B - Arrowhead Springs Specific Plan 82. FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT IDENTIFIED IN THE DEIRlFEIR Finding: The mitigation measure identified is feasible and will avoid or substantially lessen the potentially significant impacts associated with recreation to a level of less than significant and no unavoidable adverse impacts would occur. 82.10 Transportation and Traffic AHS Impact 5.14-1: Project-related trip generation would impact levels of service for the existing area roadway system. [Threshold T-1] Two intersections were determined to be impacted by Phase I traffic and 7 intersections would be impacted by full build-out of the project or by the year 2030. No roadway segments would be impacted after Phase I or full build-out of the project. Mitigation Measures: AHS 5.14-1A Prior to issuance of occupancy permits the project applicant shall be required to complete or bond for the costs of engineering and construction of the following project related traffic improvements or equivalent for Phase I (as detailed in the traffic study) impacts of 2007: . Waterman Avenue @ 36th Street. Install signalization with permitted phasing. . Waterman Avenue @ 34th Street. Install signalization with permitted phasing. AHS 5.14-1B Prior to issuance of occupancy pel11lits for Phase II (as detailed in the traffic study) and all phases thereafter the project applicant shall be required to complete or bond for the costs of engineering and construction of the following project related traffic improvements or equivalent for impacts due to full build-out of the project: . Waterman Avenue @ 30th Street. Install protected phasing and one additional WB right-turn lane, and one additional SB right-turn lane, both with overlap right- turn phasing. . Harrison Parkway (new) @ 40th Street. Install signalization. permitted phasing and two NB I~ft-turn lanes, one NB right-turn lane. an exclusive EB right-turn lane and an exclusive WB left-turn lane . Waterman Avenue @ 36th Street. Install signalization and permitted phasing. . 30th Street @ Lynwood Drive. Reconfigure intersection to align with new Harrison Parkway and install signal. . Waterman Avenue @ 40th Street. Add an exclusive right-turn lane in each direction and westbound right-turn overlap phasing. . Waterman Avenue @ 34th Street. Install signal and permitted phasing. Page 48 . The Planning Center October 2005 Part B - Arrowhead Springs Specific Plan 82. FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT IDENTIFIED IN THE DEIRlFEIR . Village Parkway @ 40th Street. Install signal with protected EW phasing and the intersection configuration of; two SB left-tum lanes, one SB right-turn lane, two EB thru-Ianes, one EB left-tum lane, two WB thru-Ianes and one WB right-turn lane. Finding: The mitigation measures identified are feasible and will avoid or substantially lessen the potentially significant impacts associated with traffic and transportation to a level of less than significant and no unavoidable adverse impacts would occur. 82. 11 Utilities and Services Systems Water AHS Impact 5.15-1: Implementation of the Arrowhead Springs Specific Plan would require construction of a new water system and increase on-site water demand by approximately 4,035 acre-feet at build-out. [Thresholds WS-1 and WS-2] The environmental impact of constructing of the water distribution system for the Arrowhead Springs Specific Plan project has been analyzed throughout DEIR as part of the development as a whole and calculation of "average" water supply indicates that a sufficient supply is potentially available. However, the water supply and distribution system has not been permitted by the appropriate agencies and amount of water granted through existing water rights has not been verified. Mitigation Measures: eB AHS 5.15-1 Prior to approval of the first Tentative Tract Map, evidence shall be provided to Public Works/Engineering to confirm the availability and quantity of existing water rights through the State and that the drinking water system has obtained all appropriate operating and design permits through the California State Department of Heath Services. Finding: The mitigation measure Identified is feasible and will avoid or substantially lessen the potentially significant impacts associated with water supply and distribution systems to a level of less than significant and no unavoidable adverse impacts would occur. Wastewater AHS Impact 5.15-2: Project-generated wastewater could be adequately collected and treated by the wastewater selVice provider for the project however some related facility operations may affect the environment. [Thresholds WW-1, WW-2, and WW- 3J Impacts of the construction of the wastewater collection and treatment facilities for the Arrowhead Springs Specific Plan project has been analyzed throughout the DEIR where included as part of the grading footprint; however, operational impacts including use of recycled water may affect local water quality. Mitigation Measures: AHS 5.15-2 Prior to approval of the first Tentative Tract Map, evidence shall be provided to the Public Works/Engineering Division that appropriate permits have been obtained from the State Water Resources Board, the State Department of Health Services, California General Plan Update and Associated Specific Plans EIR City of San Bernardino . Page 49 Findings of Fact and Statement of Overriding Considerations Part B - Arrowhead Springs Specific Plan 82. FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT IDENTIFIED IN THE DEIRlFEIR Department of Corporations and the SCAQMD for the operation of the wastewater treatment plant including disposal of bio-solids and use of recycled water. Finding: The mitigation measure identified is feasible and will avoid or substantially lessen the potentially significant impacts associated with wastewater treatment and collection systems to a level of less than significant and no unavoidable adverse impacts would occur. Page 50. The Planning Center October 2005 Part B - Arrowhead Springs Specific Plan 82. FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS OF THE PROPOSED PROJECT IDENTIFIED IN THE DEIRlFEIR This page intentionally left blank. General Plan Update and Associated Specific Plans EIR City of San Bernardino . Page 51 Findings of Fact and Statement of Overriding Considerations ~ Part B - Arrowhead Springs Specific Plan 83. STATEMENT OF OVERRIDING CONSIDERATIONS 83 STA TEMENT OF OVERRIDING CONSIDERA nONS CEQA requires the decision-maker to balance the benefits of the proposed project against its unavoidable environmental risks in determining whether to approve the project. If the benefits of the project outweigh the unavoidable adverse effects, those effects may be considered "acceptable" (State CEQA Guidelines Section 15093[a]). However, in this case CEOA requires the agency to support, in writing, the specific reasons for considering a project acceptable when significant impacts are infeasible to mitigate. Such reasons must be based on substantial evidence in the FEIR or elsewhere in the administrative record (State CEOA Guidelines Section 15093 [b]). The agency's statement is referred to as a "Statement of Overriding Considerations." The City of San Bernardino is proposing to approve the General Plan update and associated specific plans for the University District and Arrowhead Springs and has prepared and certified a FEIR that satisfies the requirements of CEQA. The following adverse impacts of the Arrowhead Springs Specific Plan project are considered significant and unavoidable based on the DEIR, FEIR, MMP, and the findings discussed previously in Part B, Section B1 and B2 of this document. 83.1 Significant Unavoidable Adverse Impacts Air Quality Construction activities of the first phase of development that largely involve grading would cause temporary pollutant emissions that would exceed the daily emission thresholds for NOx and PM 10 for the SCAQMD. Over the course of Phase 2 construction of facilities the daily emission thresholds for ROG, and NOx would be exceeded. Operational emissions largely attributed to mobile (vehicle) sources would also exceed the daily thresholds for Co, ROG, Nox and PM 10. Emissions that exceed the daily threshold are considered to be significant on a cumulative basis by the SCAQMQ:_ Cultural Resources While the Arrowhead Springs Specific Plan calls for the restoration and revitalization of the historic hotel and many of the historic structures surrounding the hotel that contribute to the historical significance of the area, several structures considered to have historic significance would also be demolished. In accordance to CEQA guidelines, destruction of an historic resource can not be mitigated and must be considered a significant unavoidable adverse impact. Noise The traffic from the Arrowhead Springs prqject would contribute to a small increase in noise from traffic along a portion of Sterling Avenue that in and of itself would not be considered significant however the increase causes a cumulative increase in noise that exceeds the threshold for impact. The cumulatively significant noise impact cannot be mitigated resulting a an unavoidable adverse noise impact. 83.2 Considerations in Support of the Statement of Overriding Considerations The City, after balancing the specific economic, legal, social, technological, and other benefits of the proposed Project (Arrowhead Springs Specific Plan), has determined that the unavoidable adverse environmental impacts identified above may be considered "acceptable" due to the following specific considerations, which outweigh ~he unavoidable, adverse environmental impacts of the proposed Project. Each of the separate benefits of the proposed Project, as stated herein, is determined to be, unto itself and independent of the other Project benefits, a basis for overriding all unavoidable adverse environmental impacts identified in these Findings. Page 52. The Planning Center October 2005 Part B - Arrowhead Springs Specific Plan B3. STATEMENT OF OVERRIDING CONSIDERATIONS The benefits of the Arrowhead Springs Specific Plan can best be understood in light of the manner the project assists the City in attaining its long term goals. To that end, the Arrowhead Springs Specific Plan is consistent with the Updated General Plan and addresses several key City goals, including: Preserve and enhance San Bernardino's unique neighborhoods and create and enhance dynamic, recognizable places. The Arrowhead Springs Specific Plan provides for the preservation and enhancement of a local icon. The Arrowhead Springs Hotel and Resort/Spa will be improved and surrounded by complementary uses, such as conference facilities, offices, hotels, a golf course, a village shopping environment, and residential uses. The mixture of uses, resort nature of the site, and enhancement of historic structures provide an identity to Arrowhead Springs that is unique to the area. Promote development that integrates with and minimizes impacts on surrounding land uses. The Arrowhead Springs Specific Plan concentrates development on 506 acres near existing, on and off site development and leaves the remaining 1,400 acres in permanent open space. This allows the majority of Arrowhead Springs to blend with the adjacent National Forest Development while focusing development near existing roadways and infrastructure. In addition, the Arrowhead Springs Specific Plan includes development standards, design guidelines, grading standards, hillside development standards, fire protection standards, and resource protection measures that will ensure that new development be of a high quality and blends with surrounding uses. Enhance the quality of life and economic vitality in San Bernardino by strategic infill of new development and revitalization of existing development. The Arrowhead Springs Specific Plan is the revitalization of an existing hotel and resort that has not been in operation in years. Development of Arrowhead Springs will result in 1,350 single-family detached and multi- family units and approximately 2,530 new jobs. Arrowhead Springs will also be a unique resort and historic icon and attract visitors and tourists to the City. ~ Enhance the aesthetic quality of land uses and structures in San Bernardino. The existing historic buildings on site create a benchmark for future development to complement and enhance. The Arrowhead Springs Specific Plan includes detailed development standards and design guidelines and clear maintenance requirements to ensure a quality, long-term project. Provide for the development and maintenance of public infrastructure and services to support existing and future residents, businesses, recreation and other uses. The Arrowhead Springs Specific Plan provides for the necessary infrastructure, including domestic and recycled water, sewer, drainage, utilities, and roadways, to accommodate the buildout of the property. Arrowhead Springs will provide on-site: domestic water treatment, supply, distribution, and storage systems; stormwater and flood management systems, including untouched natural channels; wastewater treatment; and solid waste collection and recycling in sufficient size and capacity to support buildout of the plan. Arrowhead Water & Power, the on-site utility company, will provide these services within Arrowhead Springs. Ensure that the costs of infras~ructure improvements are borne by those who benefit. General Plan Update and Associated Specific Plans EIR City of San Bernardino · Page 53 Findings of Fact and Statement of Overriding Considerations Part B - Arrowhead Springs Specific Plan B3. STATEMENT OF OVERRIDING CONSIDERATIONS The necessary infrastructure to support the buildout of Arrowhead Springs will be installed and financed by Arrowhead Water & Power or by individual developers. User fees will accommodate the long-term use and on-going maintenance of the utilities. Facilitate the development of a variety of types of housing to meet the needs of all Income levels in the City of San Bernardino. Arrowhead Springs accommodates 1,350 new residential units that provide housing opportunities for multiple segments of the housing market, from first time buyers, to executive homes, to condominiums and multi- family units. Arrowhead Springs accommodates 36 custom estates, 34 'urban' flats in Village Walk, 266 condominiums and town homes adjacent to Village Walk, 150 upscale senior units, 150 non-age restricted attached units, 429 golf course condominiums, and 285 town homes and condominiums in the unique Hilltown. Expand on historic and the natural assets to attract recreational visitors. Arrowhead Springs represents a significant gateway into the City from the mountain resorts. The development creates a powerful transitional edge from the City to the US National Forest of the San Bernardino Mountains. Arrowhead Springs is located immediately below the famous geologic 'arrowhead' that is imprinted on the mountainside, providing a natural landmark to the property. Arrowhead Springs, with its unique history and natural resources, will become a regional tourist destination. The creation of up-scale residential neighborhoods, a unique "village" commercial center, corporate office center, high-end hotels, convention center, world-class spa/health resort, public golf course, and equestrian trails will create a mountain resort at a gateway to the City from SR-18. Improve the quality of life in San Bemardlno by providing adequate parks and recreation facilities and services to meet the needs of our residents. ~'- Arrowhead Springs includes 21 acres of Neighborhood/Mini-Parks and 1,400 acres of open space. Above this, a 199-acre public golf course is also provided in Arrowhead Springs. In the developed area, there is one 14-acre publiC Botanical Garden and seven Mini-Parks ranging in size from 0.2 acres to 3.0 acres. The Park Plan for Arrowhead Springs also includes approximately 1,400 acres of Open SpacelWatershed uses. This designation is intended to establish open space areas serving multiple purposes including active and passive recreation, such as hiking, as well as watershed control. Protect people and property from brush urban and wildland fire hazards. Arrowhead Springs concentrates development on 27% of the site. Surrounding the developed areas of the site are fuel modification zones that will be planted with vineyards and orchards. These natural buffers will help protect the people and property from brush fire hazards and enhance the character of the area. Development in Arrowhead Springs will be required to comply with the requirements of the City's Foothill Fire Zone and Arrowhead Springs Hillside Development provisions, which address building, grading, and landscaping standards in high-fire areas. 83.3 Conclusion For the foregoing reasons, the City of San Bernardino concludes that the Arrowhead Springs SpeCific Plan project will result in a beneficial mix of retail, residential, and recreational uses while restoring and reusing important historical structures providing significant benefits of local and regional significance, which outweigh the unavoidable environmental impacts. Therefore; the City of San Bernardino has adopted this Statement of Overriding Considerations. Page 54 . The Planning Center October 2005 EXHIBIT C MITIGATION MONITORING PROGRAM FOR: SAN BERNARDINO GENERAL PLAN UPDATE (SAN BERNARDINO GENERAL PLAN UPDATE AND ASSOCIATED SPECIFIC PLANS EIR) SCH #2004111132 prepared for: ~ ~'- CITY OF SAN BERNARDINO Contact: Terri Rahhal, Principal Planner prepared by: THE PLANNING CENTER Contact: William Halligan, Esq., Director of Environmental Services SEPTEMBER 27, 2005 Table of Contents Section Paae 1. INTRODUCTION ...................................................................................................1 1.1 PURPOSE OF MITIGATION MONITORING PROGRAM ............................................1 1.2 DEIR SUMMARY FOR THE GENERAL PLAN UPDATE AND UNIVERSITY DISTRICT SPECIFIC PLAN PROJECT ..........................................1 1.3 PROJECT LOCATION ..................................................................................................2 1.4 ENVIRONMENTAL IMPACTS.......................................................................................2 2. MITIGATION MONITORING PROCESS.................... ................................ ...........4 2.1 MITIGATION MONITORING AGREEMENT .................................................................4 2.2 MITIGATION MONITORING PROGRAM ORGANIZATION.........................................4 2.3 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT ......................... ..... ............ ....... ..... ...................... ... .... ........... ......... 4 2.4 MITIGATION MONITORING COMMITTEE ..................................................................4 2.5 RECOGNIZED EXPERTS ............................................................................................5 2.6 ARBITRATION RESOLUTION............................. ........................... ..............................5 2.7 ENFORCEMENT.. ........ .......... ................ .................................... ........................... ....... 6 3. MITIGATION MONITORING REQUIREMENTS ...................................................8 3.1 PRE-MITIGATION MEETING .......................................................................................8 3.2 CATEGORIZED MITIGATION MEASURES/MATRIX...................................................8 n 3.3 IN-FIELD MONITORING...............................................................................................8 '!4( 3.4 DATA BASE MANAGEMENT........................................................................................8 uu 3.5 COORDINATION WITH CONTRACTORS ...................................................................8 3.6 LONG-TERM MONITORING ...~:"....................................... .......................................... 8 4. MITIGATION MONITORING REPORTS ........ .....................................................18 4.1 FIELD CHECK REPORT ............................................................................................18 4.2 IMPLEMENTATION COMPLIANCE REPORT............................................................ 18 4.3 ARBITRATION/ENFORCEMENT REPORT ...............................................................18 General Plan Update Mitigation Monitoring Program City of San Bernardino . Page 1 1. Introduction 1.1 PURPOSE OF MITIGATION MONITORING PROGRAM This Mitigation Monitoring Program has been developed to provide a vehicle by which to monitor mitigation measures and conditions of approval outlined in the Draft Environmental Impact Report (DEIR), State Clearinghouse No. 2004111132. The Mitigation Monitoring Program has been prepared in conformance with Section 21081.6 of the Public Resources Code and City of San Bernardino Mitigation Monitoring Requirements. Section 21081.6 states: (a) When making findings required by paragraph (1) of subdivision (a) of Section 21081 or when adopting a mitigated negative declaration pursuant to paragraph (2) of subdivision (c) of Section 21080, the following requirements shall apply: (1) The public agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation. For those changes which have been required or incorporated into the project at the request of a responsible agency or a public agency having jurisdiction by law over natural resources affected by the project, that agency shall, if so requested by the lead or responsible agency, prepare and submit a proposed reporting or monitoring program. (2) The lead agency shall specify the location and custodian of the documents or other material which constitute the record of proceedings upon which its decision is based. ~ This Mitigation Monitoring Program will serve to document compliance with adopted/certified mitigation measures, which were formulated to minimize impacts associated with the General Plan Update. The mitigation measures presented here also encompass the University District Specific Plan, which was included in the impact assessment of the General Plan Update. A separate Mitigation Monitoring Program document has been developed for the Arrowhead Springs Specific Plan. 1.2 DEIR SUMMARY FOR THE GENERAL PLAN UPDATE AND UNIVERSITY DISTRICT SPECIFIC PLAN PROJECT The General Plan update consists of a comprehensive update to the City's General Plan with the exception of the Housing Element, which was adopted July 2003 and included but simply reformatted to fit the new document. The proposed General Plan Update reflects the community's view of its future and can be thought of as the blueprint for the City's growth and development. The general plan projects conditions and needs into the future as a basis for determining long-term objectives and policies for day-to-day decision-making. While the life of the General Plan is generally considered to be 20 years, the General Plan includes policies and programs that are short term, long term, and ongoing. Some portions of the General Plan, such as the land use plan, are not linked to any timeline. The land use plan reflects build-out, which will occur through voluntary methods or redevelopment efforts throughout the life of the City. The general plan is considered "comprehensive" since it covers the territory within the boundaries 'of the City and any areas outside of its boundaries that relate to its planning activities (sphere of influence). The General Plan is also comprehensive in that it addresses a wide variety of issues that characterize a city. These issues range from the physical development of the jurisdiction, such as general locations, timing, and extent of land uses and supporting infrastructure, to social concerns such as those identified in the housing element regarding housing affordability. To address this range of issues, the proposed General Plan is divided into 14 topical sections, or Elements the same as the existing General Plan: Introduction, Land Use, Housing, Economic General Plan Update Mitigation Monitoring Program City of San Bernardino . Page J 1. Introduction Development, Community Design, Circulation, Public Facilities and Services, Parks, Recreation, and Trails, utilities, Safety, Historical and Archaeological Resources, Natural Resources and Conservation, Energy and Water Conservation and Noise. The General Plan is guided by a Vision Statement and Key Strategies, which describe the basic direction of the policies contained in this Plan and represent the community's view of its future. The University District is located in the northwestern portion of the City in the foothills of the San Bemardino Mountains overlooking the Cajon Creek Wash and the Glen Helen Regional Park. The University District Specific Plan focuses on the aesthetic treatment of the public rights-of-way and other programs designed to create an identifiable district surrounding the University. The Specific Plan includes design guidelines addressing the treatment of landscaping, signage, banners, gateways, and pedestrian/bicycle connections. There are no unique land use changes or circulation system changes or developments proposed as a part of the University District Specific Plan, therefore analysis of the impacts of this Specific Plan were enveloped in the discussion of the General Plan update impacts. The Findings of Fact and Overriding Considerations document presents findings that must be made by the City of San Bemardino prior to approval of the project pursuant to Sections 15091 and 15093 of the Califomia Environmental Quality Act (CEQA) Guidelines and Section 21081 of the Public Resources Code. Under CEQA the Lead Agency (City of San Bernardino) is required to make written findings concerning each alternative and each significant environmental impact identified in the Draft Environmental Impact Report (DEIR) and Final Environmental Impact Report (FEIR). 1.3 PROJECT LOCATION The City of San Bernardino is located approximately 60 miles east of the City of Los Angeles in the upper Santa Ana River Valley. This valley is framed by the San Bernardino Mountains on the northeast and east, Blue Mountain and Box Springs Mountain abutting tl:l.e.,Cities of Loma Linda and Redlands to the south, and the San Gabriel Mountains and the Jurupa Hills to the northwest and southwest, respectively. San Bernardino is surrounded by the Cities of Rialto to the west, Colton to the southwest, Loma Linda to the south, Redlands to the southeast, Highland to the east, and the San Bernardino National Forest to the north. The City of San Bernardino encompasses an area that stretches from just south of the 1-10 Freeway on the south to the Cajon Creek Wash and the San Bernardino Mountains on the north. The City's total planning area is 45,231 acres, or 71 square miles. This includes 38,402 acres, or 60 square miles, of incorporated territory and 6,829 acres, or 11 square miles, of unincorporated lands within the City's Sphere of Influence. 1.4 ENVIRONMENTAL IMPACTS Based upon the Initial Study, the City of San Bernardino staff determined that an EIR should be prepared for the proposed project (General Plan Update and Associated Specific Plans). The scope of the Draft Envjronmentallmpact Report (DEIR) was determined based upon the City's Initial Study, comments received in response to the NOP, and comments received at scoping meetings conducted by the City. Pursuant to Sections 15126.2 and 15126.4 of the State CEQA Guidelines, the EIR should identify any potentially significant adverse impacts and recommend mitigation that would reduce or eliminate these impacts to levels of insignificance. The information contained in the Project Description establishes the basis for analyzing future project-related environmental impacts. However: further environmental review by the City may be required as more detailed information and plans are submitted on a project by project basis. Page 2 . The Planning Center October 2005 1. Introduction A DEIR has been prepared to evaluate potentially significant impacts associated with implementation of the proposed General Plan Update. General Plan Goals and Policies, Existing Codes and Regulations and Mitigation Measures have been identified to either reduce or eliminate potentially significant impacts. For purposes of environmental analysis in this DEIR, the focus of the environmental impact analysis is on those areas in which physical changes to the existing environment are proposed that may result in environmental impacts (Le., areas where land use changes are proposed) and the statistical analysis of future buildout. In addition, the DEIR describes a range of reasonable alternatives to the project, which could feasibly attain the basic objectives of the project, while substantially avoiding or lessening any of the significant impacts of the proposed project, and evaluates the comparative merits of the alternatives and the proposed project. 1.4.1 IMPACTS CONSIDERED LESS THAN SIGNIFICANT The Initial Study identified various thresholds from the CEQA Guidelines among a number of environmental categories that would not be significantly impacted by the proposed project and therefore, did not warrant further review in the DEIR. Only the environmental category of Agricultural Resources was eliminated entirely from discussion in the DEIR due to impacts that were found to the less than significant. All other environmental categories were analyzed in the DEIR. Please see Section 8 of the DEIR for a complete listing of the individual environmental effects which were found to be less that significant in the Initial Study prepared for the project. 1.4.2 POTENTIALLY SIGNIFICANT ADVERSE IMPACTS THAT CAN BE MITIGA TED, A VOIDED, OR SUBSTANTIALLY LESSENED ~ Five environmental categories have been identified as having potentially significant impacts if the proposed project (General Plan Update including the University District SpeCific Plan) is implemented. The factors are: . Air Quality . Cultural Resources . Noise . Transportation and Traffic . Utilities and Service Systems for Water and Wastewater 1.4.3 SIGNIFICANT UNAVOIDABLE ADVERSE IMPACTS The DEIR identifies three unavoiqable adverse impacts, as defined by CEOA that would result from implementation of the General Plan Update and University District Specific Plan. Unavoidable adverse impacts may be considered significant on a project-specific basis, cumulatively significant, and/or potentially significant. Potentially significant impacts .are those that fall within the responsibility of another agency and implementation of the mitigation measures cannot be assured by the City of San Bernardino. If the City of San Bemardino, as the Lead Agency, determines that unavoidable significant adverse impacts will result from the project, the City must prepare a "Statement of Overriding Considerations" before it can approve the project. A Statement of Overriding Considerations states that the decision-making body has balanced the benefits of the proposed project against its unavoidable significant environmental effects and has determined that the benefits of the project outweigh the adverse effects and, therefore, the adverse effects are considered to be acceptable. The impacts of the General Plan Update that were found in the DEIR to be significant and unavoidable are: . Air Quality . Noise . Transportation and Traffic General Plan Update Mitigation Monitoring Program City of San Bernardino . Page 3 2. Mitigation Monitoring Process 2.1 MITIGATION MONITORING AGREEMENT The Mitigation Monitoring Agreement will be provided through the City conditions of approval process, and reference compliance with this monitoring program where applicable. Provisions are included in the Agreement specifying monitoring and reporting requirements, scheduling, qualifications of mitigation monitors and specialists, agency fees, right of site access, dispute resolution, and penalties. The Agreement will include enforcement provisions and sanctions for more severe infractions, such as stop work orders, loss of further entitlement or restoration. The landowner would agree that the agency has the right to impose these sanctions pursuant to the contract and hold the agency harmless in enforcement of its provisions. The lead agency may also require that Mitigation Monitoring Agreements be executed between the landowner and appropriate responsible or trustee agencies. The use of Mitigation Monitoring Agreements will clarify the assignment of responsibility, and have the added benefit of improving the citizenry's confidence that agencies are committed to take actions to protect their environment. 2.2 MITIGATION MONITORING PROGRAM ORGANIZATION Overall mitigation monitoring program management is the responsibility of the City of San Bernardino Development Services Department. The Mitigation Monitoring Committee comprised of the landowner, construction manager, and the environmental monitor, is responsible for program implementation and reporting requirements. The landowner's technical consultants (EIR consultant, geologist/environmental assessor, project engineer, arborist, noise consultanl:and traffic consultant) will perform related monitoring tasks under the direction of the environmental monitor (if contracted by the City). In the event of disputes regarding matters for which the City is the final authority, an arbitration committee will be formed, consisting of a representative from the City's Development Services Department, Public Works Division, and City Common Council. City of San Bernardino Departments and responsible/trustee agencies will interpret technical matters for the Arbitration Committee in the event of a dispute. 2.3 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT The City of San Bernardino Development Services Department will serve as the program administrator, responsible for overall program management, mitigation monitoring clearances and coordination of the arbitration committee/responsible agencies, and the mitigation monitoring committee. The Department is responsible for review of all monitoring reports, enforcement actions, and document disposition. 2.4 MITIGATION MONITORING COMMITTEE The mitigation monitoring committee is responsible for the day-to-day monitoring activities and reporting, and includes a representative from the landowner, construction manager, and the mitigation monitor. The monitoring committee holds regularly scheduled meetings to coordinate mitigation measure implementation, review compliance reports, and resolve in-field disputes. Unresolved disputes are forwarded to the arbitration committee. . Page 4 . The Planning Center October 2005 2. Mitigation Monitoring Process 2.4.1 MITIGATION MONITORING TEAM The mitigation monitoring team, consisting of the environmental monitor manager and technical subconsultants (EIR consultant, geologist/environmental assessor, project engineer, biologist, noise consultant, traffic consultant, and archaeologist), is responsible for monitoring the implementation/ compliance with all adopted mitigation measures and conditions of approval. A major portion of the team's work is in-field monitoring and compliance report preparation. Implementation disputes are brought to the committee for resolution by the monitor, and if required, to the arbitration committee. The following summarizes key positions in the monitoring program and their respective functions: Monitoring Team . Technical Advisors: Responsible for monitoring in respective areas of expertise (EIR consultant, geologist/environmental assessor, project engineer, arborist, noise consultant, and traffic consultant). Directly reports to the environmental monitor. . Monitoring Committee: Responsible for report review, and first phase of dispute resolution. . City Development Services Department: Principal manager of the monitoring program. Responsible for coordination of mitigation monitoring committee, technical consultants, report preparation and dispute resolution. Responsible for overall program administration, participation on arbitration committee and document/report clearinghouse. ~ . City Public Works Division: Responsible for review of final engineering plans in conformance with the Tentative maps, technical support, and compliance report preparation. . City Common Council: Responsible for implementation of corrective action, stop work orders and final arbitrator of disputes. 2.5 RECOGNIZED EXPERTS The use of recognized experts, as a component of the monitoring team and arbitration committee, is required to ensure compliance with scientific and engineering based mitigation measures. While the mitigation monitoring teams recognized experts assess compliance with required mitigation measures, responsible agency recognized experts consult with the arbitration committee regarding disputes. 2.6 ARBITRATION RESOLUTION If the mitigation monitor identifies a mitigation measure, which in the opinion of the monitor, has not been implemented, or has not been implemented correctly, the problem will be brought for resolution before the mitigation monitoring committee for resolution. If the problem cannot be satisfactorily resolved by the committee, it will be brought before the arbitration committee for resolution. The decision of the arbitration committee is final, unless appealed to the Director of Development Services. The arbitration committee, acting through a final vote of the City Common Council, will have the authority to issue stop work orders until the dispute is resolved. In the case of situations involving potential risk of safety or other emergency conditions, the arbitration committee is empowered to issue temporary stop work orders until such time as Planning Commission or City Common Council review of the particular stop work matter becomes final. General Plan Update Mitigation Monitoring Program City of San Bernardino . Page 5 2. Mitigation Monitoring Process 2.7 ENFORCEMENT Public agencies may enforce conditions of approval through their existing police power, using stop work orders, fines, infraction citations, loss of entitlement, refusal to issue building permits or certificates of use and occupancy, or, in some cases, notice of violation for tax purposes. Criminal misdemeanor sanctions could be available where the agency has adopted an ordinance requiring compliance with the monitoring program, similar to the provision in many zoning ordinances which state the enforcement power to bring suit against violators of the ordinance's provisions. Additional enforcement provisions could include required posting of a bond or other acceptable security in the amount of the required mitigation measures. In the event of non-compliance, the City could call the bond and complete the required mitigation measures. Page 6 . The Planning Center October 2005 2. Mitigation Monitoring Process This page intentionally left blank. General Plan Update Mitigation Monitoring Program City of San Bernardino . Page 7 ~ . 3. Mitigation Monitoring Requirements 3.1 PRE-MITIGATION MEETING A pre-monitoring meeting will be scheduled to review mitigation measures, implementation requirements, schedule conformance, and mitigation monitoring committee responsibilities. Committee rules are established, the entire mitigation monitoring program is presented, and any misunderstandings are resolved. 3.2 CA TEGORIZED MITIGATION MEASURESlMA TRIX Project-specific mitigation measures have been categorized in matrix format, as shown in Table 3-1. The matrix identifies the environmental factor, specific mitigation measures, schedule, and responsible monitor. The mitigation matrix will serve as the basis for scheduling the implementation of, and compliance with, all mitigation measures. 3.3 IN-FIELD MONITORING Project monitors and technical subconsultants shall exercise caution and professional practices at all times when monitoring implementation of mitigation measures. Protective wear (e.g., hard hat, glasses) shall be worn at all times in construction areas. Injuries shall be immediately reported to the mitigation monitoring committee. 3.4 DATA BASE MANAGEMENT All mitigation monitoring reports, letters, and memos shall be prepared utilizing Microsoft Word software on IBM-compatible PCs. 3.5 COORDINATION WITH CONTRACTORS The construction manager is responsible for coordination of contractors and for contractor completion of required mitigation measures. 3.6 LONG-TERM MONITORING Long-term monitoring related to several mitigation measures will be required, including fire safety inspections. Post-construction fire inspections are conducted on a routine basis by the City of San Bernardino Fire Department. Page 8 . The Planning Center October 2005 . . 3. Mitigation Monitoring Requirements This page intentionally left blank. General Plan Update Mitigation Monitoring Program City of San Bernardino . Page 9 ~ ~ ll:: \U ;:: ~ '- ;::s ~ ~ ~ b.o ll:: '- ;.... o ....... 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'u i m'm ~n; tU.c o~ -c.~_ 3:~B"'134i; Q)~]::-~;ea; :; .- u. c: :I: Q) -:= :::::J -lIl~]::-E.l!! co=.......-eCl) c:: g.l!!~!t8; '" =.9.5~o>al 0:: ~C:cu_:5"C 1ii en oS! CI,) CD co c: 4i; olL.b:l:Q.~ c: C:~:l:c73'O Q) 'C.l!!Q) 'EQ) " '- II) '> - co "- '" cumQ)UJc..o .~ E:::::~.:a.:;:I: .n ~Effal'i~ Q) U Q):.c"'C _ E Q) ~(j)=ta8O 'B :; ~ca ;:Ie: .l!! .9 "- -~J9o Occn=_+:I c: -- o-~::J<'> 0 c: ]::-~::J. ",::J j '" o Cj>"8 c: .;; :;; ::J Q)=;l!!.c:::8c: l!! "8 III is j!: 8 .s 8..50 8 m ~~ ",ll) ;ilL I" E C t::s .5 5(,~ e S! c... :::: ~~ ';: =:: ~c55 'i:: '0> C ~ .f' :::l; .9 - .~ ~ <:.l ~ ::3- ::: ..S! c... ~ <:.l ::: <:.l Cj ~ ...C <:.l"'l - ... ::: <:.l rll.! o.C:l v~ b()~ .50 ::: - :::" ..S!..... c... ~ <:.l g,o ~c... 4. Mitigation Monitoring Reports Mitigation monitoring reports are required to document compliance with the Mitigation Monitoring Program and to dispute arbitration enforcement resolution. Specific reports include: . Field Check Report . Implementation Compliance Report . Arbitration/Enforcement Report 4.1 FIELD CHECK REPORT Field check reports are required to record in-field compliance and conditions. 4.2 IMPLEMENTATION COMPLIANCE REPORT The Implementation Compliance Report (lCR) is prepared to document the implementation of mitigation measures on a phased basis, based on the information in Table 3-1. The report summarizes implementation compliance, including mitigation measures, date completed, and monitor's signature. 4.3 ARBITRA TlON/ENFORCEMENT REPORT The Arbitration/Enforcement Report (AER) is prepared to document the outcome of arbitration committee review and becomes a portion of the ICR. Page 18 . The Planning Center October 2005 EXHIBIT C - PART II MITIGATION MONITORING PROGRAM FOR: ARROWHEAD SPRINGS SPECIFIC PLAN (SAN BERNARDINO GENERAL PLAN UPDATE AND ASSOCIATED SPECIFIC PLANS EIR) SCH #2004111132 prepared for: ~ CITY OF SAN BERNARDINO Contact: Terri Rahhal, Principal Planner prepared for: THE PLANNING CENTER Contact: William Halligan, Esq., Director of Environmental Services OCTOBER 4, 2005 Table of Contents Section PaQe 1. INTRO DU CTION...................................................................................................1 1.1 PURPOSE OF MITIGATION MONITORING PROGRAM ............................................1 1.2 DEIR SUMMARY OF ARROWHEAD SPRINGS SPECIFIC PLAN ..............................1 1.3 PROJECT LOCATION ..................................................................................................2 1.4 ENVIRONMENTAL IMPACTS.......................................................................................2 2. MITIGATION MONITORING PROCESS......................... ..................... .................5 2.1 MITIGATION MONITORING AGREEMENT .................................................................5 2.2 MITIGATION MONITORING PROGRAM ORGANIZATION......................................... 5 2.3 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT ..... .......................... ............. ............. .................. ............. ....... ........ 5 2.4 MITIGATION MONITORING COMMITTEE ..................................................................5 2.5 MITIGATION MONITORING TEAM ..............................................................................6 2.6 RECOGNIZED EXPERTS ............................................................................................6 2.7 ARBITRATION RESOLUTION.... ................ ............................. ................. ........... ......... 6 2.8 ENFORCEMENT ..... ....... ........................................................................ .................. .... 7 3. MITIGATION MONITORING REQUIREMENTS ...................................................9 3.1 PRE-MITIGATION MEETING .......................................................................................9 3.2 CATEGORIZED MITIGATION MEASURES/MATRIX................................................... 9 ~ ;:~ ~~~~E~~~O~~~~~~~ENi::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~ CD 3.5 COORDINATION WITH CONTRACTORS ...................................................................9 3.6 LONG-TERM MONITORING. ..._,......................................................................... ........ 9 4. MITIGATION MONITORING REPORTS ......... ...... .......... .............. ......................34 4.1 FIELD CHECK REPORT ............................................................................................34 4.2 IMPLEMENTATION COMPLIANCE REPORT............................................................34 4.3 ARBITRATION/ENFORCEMENT REPORT ...............................................................34 Arrowhead Springs Specific Plan Mitigation Monitoring Program City of San Bernardino · Page J 1. Introduction 1.1 PURPOSE OF MITIGATION MONITORING PROGRAM This Mitigation Monitoring Program has been developed to provide a vehicle by which to monitor mitigation measures and conditions of approval outlined in the Draft Environmental Impact Report (DEIR), State Clearinghouse No. 2004111132. The Mitigation Monitoring Program has been prepared in conformance with Section 21081.6 of the Public Resources Code and City of San Bernardino Mitigation Monitoring Requirements. Section 21081.6 states: (a) When making findings required by paragraph (1) of subdivision (a) of Section 21081 or when adopting a mitigated negative declaration pursuant to paragraph (2) of subdivision (c) of Section 21080, the following requirements shall apply: (1) The public agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation. For those changes which have been required or incorporated into the project at the request of a responsible agency or a public agency having jurisdiction by law over natural resources affected by the project, that agency shall, if so requested by the lead or responsible agency, prepare and submit a proposed reporting or monitoring program. (2) The lead agency shall specify the location and custodian of the documents or other material which constitute the record of proceedings upon which its decision is based. ~ 1.2 DEIR SUMMARY OF ARROWHEAD SPRINGS SPECIFIC PLAN The Arrowhead Springs Specific Plan provides standards and guidelines for the use and development of 1,916 acres that are partially within and partially outside of the City's jurisdictional boundaries. Three hundred sixty-eight (368) acres of the Arrowhead Springs Specific Plan area are currently located in the incorporated City and the remaining 1,548 acres are located in unincorporated County of San Bernardino but within the sphere of influence of the City. Included as part of this project, is the annexation of the 1,548 acres into the City of San Bernardino. The Specific Plan calls for a mixed use resort/residential development centered on the existing Arrowhead Springs Hotel and Resort/Spa and includes: 1,350 units including 36 single-family detached and 1,314 multi- family units; 1,044,646 square feet of exist1ng and new commercial and office uses; a new 199-acre, 18-hole public golf course; the reuse of the historic Arrowhead Springs Hotel; a new 300-room hotel; a new and reuse of the existing conference center; and the reuse and expansion of the historic Arrowhead Springs spa/resort. Arrowhead Springs offers 250,000 square feet of office, the pedestrian oriented Village Walk (200,000 square feet of commercial) and Windy Point restaurant (20,000 square feet). Of the total non-residential area, 235,996 square feet exist and will be preserved and enhanced as a part of this plan. These non-residential uses could result in approximately 2,530 new jobs. The developable area is clustered into 506 acres near existing development and is distributed within 1,400 acres of open space and watershed, which comprise 73 percent of the site. Currently less than 200 acres of the property are developed and include such uses as an historic 1939 hotel/spa resort, steam caves, residential-style bungalows, an historic swimming pool, tennis courts, outdoor theater, meeting halls and maintenance buildings. These facilities are not generally open to the public at this time. Arrowhead Springs Specific Plan Mitigation Monitoring Program City of San Bernardino. Page 1 1. Introduction The Arrowhead Springs Specific Plan includes a total of 21.0 acres of parks in the developed-area, consisting of a 13.9-acre public Botanical Garden and 7.1 acres of neighborhood parks of varying sizes. In addition to this, a 199-acre public golf course and approximately 1,400 acres of open space are also provided. The Findings of Fact and Overriding Considerations document presents findings that must be made by the City of San Bernardino prior to approval of the project pursuant to Sections 15091 and 15093 of the Califomia Environmental Quality Act (CEQA) Guidelines and Section 21081 of the Public Resources Code. Under CEQA the Lead Agency (City of San Bernardino) is required to make written findings concerning each alternative and each significant environmental impact identified in the Draft Environmental Impact Report (DEIR) and Final Environmental Impact Report (FEIR). 1.3 PROJECT LOCATION Situated in the Inland Empire and consisting of approximately 1,916 acres, Arrowhead Springs is located at the base of the San Bernardino Mountains along State Route (SR) 18 at the northeast end of the City of San Bernardino. It is approximately 1.5 hours from both Los Angeles and San Diego, 45 minutes from Palm Springs, and 30 minutes from Ontario Intemational Airport. The site is also located within 3D-45 minutes from the mountain resorts of Crestline, Lake Arrowhead, and Big Bear. Arrowhead Springs is currently accessed directly by SR-18 and Waterman Avenue. Waterman Avenue can be accessed from downtown San Bemardino or by SR-30, which connects to 1-215 and 1-10 to the south, east and west. 1.4 ENVIRONMENTAL IMPACTS Based upon the Initial Study, the City of San Bernardino staff determined that an EIR should be prepared for the proposed project (General Plan Update and "Associated Specific Plans). The scope of the Draft Environmental Impact Report (DEIR) was determined based upon the City's Initial Study, comments received in response to the NOP, and comments received at scoping meetings conducted by the City. Pursuant to Sections 15126.2 and 15126.4 of the State CEQA Guidelines, the EIR should identify any potentially significant adverse impacts and recommend mitigation that would reduce or eliminate these impacts to levels of insignificance. The information contained in the Project Description establishes the basis for analyzing future project-related environmental impacts. However. further environmental review by the City may be required as more detailed information and plans are submitted on a project by project basis. A DEIR (General Plan Update and Associated Specific Plans) has been prepared to evaluate potentially significant impacts associated with implementation of the proposed Arrowhead Springs Specific Plan. Development Standards, Existing Codes and Regulations and Mitigation Measures have been identified to either reduce or eliminate potentially significant impacts. For purposes of environmental analysis in this DEIR, the focus of the environmental impact analysis is on those areas in which physical changes to the existing environment are proposed that may result in environmental impacts (Le., areas where land use changes are proposed). In addition, the DEIR describes a range of reasonable alternatives to the project, which could feasibly attain the basic objectives of the project, while substantially avoiding or lessening any of the significant impacts of the proposed project, and evaluates the comparative merits of the altematives and the proposed project. Page 2 . The Planning Center October 2005 1. Introduction 1.4.1 IMPACTS CONSIDERED LESS THAN SIGNIFICANT The Initial Study identified various thresholds from the CEQA Guidelines among a number of environmental categories that would not be significantly impacted by the proposed project and therefore, did not warrant further review in the DEIR. Only the environmental category of Agricultural Resources was eliminated entirely from discussion in the DEIR due to impacts that were found to the less than significant. All other environmental categories were analyzed in the DEIR. Please see Section 8 of the DEIR for a complete listing of the individual environmental effects which were found to be less that significant in the Initial Study prepared for the project. 1.4.2 POTENT/ALL Y SIGNIFICANT ADVERSE IMPACTS THAT CAN BE MITIGATED, AVOIDED, OR SUBSTANT/ALL Y LESSENED Eleven environmental categories have been identified as having potentially significant impacts if the proposed project (General Plan Update including the University District Specific Plan) is implemented. These factors are: . Air Quality . Biological Resources . Cultural Resources . Geology and Soils . Hazards and Hazardous Materials . Hydrology and Water Quality . Noise . Public Services - Fire Protection and Emergency Services; Police Protection . Recreation . Transportation and Traffic . Utilities and Service Systems - Water Supply and Distribution Systems; Wastewater Treatment and Collection ~ 1.4.3 UNAVOIDABLE SIGNIFICANT ADVERSE IMPACTS The DEIR identifies three unavoidable adverse impacts, as defin~ by CEQA that would result from implementation of the Arrowhead Springs Specific Plan. Unavoidable adverse impacts may be considered significant on a project-specific basis, cumulatively significant, and/or potentially significant. Potentially significant impacts are those that fall within the responsibility of another agency and implementation of the mitigation measures cannot be assured by the City of San Bemardino. If the City of San Bernardino, as the Lead Agency, determines that unavoidable significant adverse impacts will result from the project. the City must prepare a "Statement of Overriding Considerations" before it can approve the project. A Statement of Overriding Considerations states that the decision-making body has balanced the benefits of the proposed project against its unavoidable significant environmental effects and has determined that the benefits of the project outweigh the adverse effects and, therefore, the adverse effects are considered to be acceptable. The impacts associated with the Arrowhead Springs Specific Plan project that were found in the DEIR to be significant and unavoidable are: . Air Quality . Cultural Resources . Noise Arrowhead Springs Specific Plan Mitigation Monitoring Program City of San Bernardino . Page 3 1. Introduction This page left intentionally blank. Page 4 . The Planning Center October 2005 2. Mitigation Monitoring Process 2.1 MITIGATION MONITORING AGREEMENT The Mitigation Monitoring Agreement will be provided through the City conditions of approval process, and reference compliance with this monitoring program where applicable. Provisions are included in the Agreement specifying monitoring and reporting requirements, scheduling, qualifications of mitigation monitors and specialists, agency fees, right of site access, dispute resolution, and penalties. The Agreement will include enforcement provisions and sanctions for more severe infractions, such as stop work orders, loss of further entitlement or restoration. The landowner would agree that the agency has the right to impose these sanctions pursuant to the contract and hold the agency harmless in enforcement of its provisions. The lead agency may also require that Mitigation Monitoring Agreements be executed between the landowner and appropriate responsible or trustee agencies. The use of Mitigation Monitoring Agreements will clarify the assignment of responsibility, and have the added benefit of improving the citizenry's confidence that agencies are committed to take actions to protect their environment. 2.2 MITIGATION MONITORING PROGRAM ORGANIZATION Overall mitigation monitoring program management is the responsibility of the City of San Bernardino Developmenf Services Department. The Mitigation Monitoring Committee comprised of the landowner, construction manager, and the environmental monitor, is responsible for program implementation and reporting requirements. The landowner's technical consultants (EIR consultant, geologist/environmental assessor, project engineer, arborist, noise consultarit,-and traffic consultant) will perform related monitoring tasks under the direction of the environmental monitor (if contracted by the City). ~ In the event of disputes regarding matters for which the City is the final authority, an arbitration committee will be formed, consisting of a representative from the City's Development Services Department, Public Works Division, and City Common Council. City of San Bernardino Departments and responsible/trustee agencies will interpret technical matters for the Arbitration Committee in the event of a dispute. 2.3 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT The City of San Bernardino Development Services Department will serve as the program administrator, responsible for overall program management, mitigation monitoring clearances and coordination of the arbitration committee/responsible agencies, and the mitigation monitoring committee. The Department is responsible for review of all monitoring reports, enforcement actions, and document disposition. 2.4 MITIGATION MONITORING COMMITTEE The mitigation monitoring committee is responSible for the day-to-day monitoring activities and reporting, and includes a representative from the landowner, construction manager, and the mitigation monitor. The monitoring committee holds regularly scheduled meetings to coordinate mitigation measure implementation, review compliance reports, and resolve in-field disputes. Unresolved disputes are forwarded to the arbitration committee. ' Arrowhead Springs Specific Plan Mitigation Monitoring Program City of San Bernardino · Page 5 2. Mitigation Monitoring Process 2.5 MITIGATION MONITORING TEAM The mitigation monitoring team, consisting of the environmental monitor manager and technical subconsultants (EIR consultant, geologist/environmental assessor, project engineer, biologist, noise consultant, traffic consultant, and archaeologist), is responsible for monitoring the implementation/ compliance with all adopted mitigation measures and conditions of approval. A major portion of the team's work is in-field monitoring and compliance report preparation. Implementation disputes are brought to the committee for resolution by the monitor, and if required, to the arbitration committee. The following summarizes key positions in the monitoring program and their respective functions: Monitoring Team . Technical Advisors: Responsible for monitoring in respective areas of expertise (EIR consultant, geologist/environmental assessor, project engineer, arborist, noise consultant, and traffic consultant). Directly reports to the environmental monitor. . Monitoring Committee: Responsible for report review, and first phase of dispute resolution. . City Development Services Department: Principal manager of the monitoring program. Responsible for coordination of mitigation monitoring committee, technical consultants, report preparation and dispute resolution. Responsible for overall program administration, participation on arbitration committee and document/report clearinghouse. . City Public Works Division: Responsible for review of final engineering plans in conformance with the Tentative maps, technical support, and compliance report preparation. . City Common Council: Responsible for implementation of corrective action, stop work orders and final arbitrator of disputes. 2.6 RECOGNIZED EXPERTS The use of recognized experts, as a component of the monitoring team and arbitration committee, is required to ensure compliance with scientific and engineering based mitigation measures. While the mitigation monitoring teams recognized experts assess compliance with required mitigation measures, responsible agency recognized experts consult .with the arbitration committee regarding disputes. 2.7 ARBITRATION RESOLUTION If the mitigation monitor identifies a mitigation measure, which in the opinion of the monitor, has not been implemented, or has not been implemented correctly, the problem will be brought for resolution before the mitigation monitoring committee for resolution. If the problem cannot be satisfactorily resolved by the committee, it will be brought before the arbitration committee for resolution. The decision of the arbitration committee is final, unless appealed to the Director of Development Services. The arbitration committee, acting through a final vote of the City Common Council, will have the authority to issue stop work orders until the dispute is resolved. In the case of situations involving potential risk of safety or other emergency conditions, the arbitration committee is empowered to issue temporary stop work orders until such time as Planning Commission or City Common Council review of the particular stop work matter becomes final. Page 6 . The Planning Center October 2005 2. Mitigation Monitoring Process 2.8 ENFORCEMENT Public agencies may enforce conditions of approval through their existing police power, using stop work orders, fines, infraction citations, loss of entitlement, refusal to issue building permits or certificates of use and occupancy, or, in some cases, notice of violation for tax purposes. Criminal misdemeanor sanctions could be available where the agency has adopted an ordinance requiring compliance with the monitoring program, similar to the provision in many zoning ordinances which state the enforcement power to bring suit against violators of the ordinance's provisions. Additional enforcement provisions could include required posting of a bond or other acceptable security in the amount of the required mitigation measures. In the event of non-compliance, the City could call the bond and complete the required mitigation measures. ~ Arrowhead Springs Specific Plan Mitigation Monitoring Program City of San Bernardino . Page 7 2. Mitigation Monitoring Process This page intentionally left blank. Page 8 . The Planning Center October 2005 3. Mitigation Monitoring Requirements 3.1 PRE-MITIGATION MEETING A pre-monitoring meeting will be scheduled to review mitigation measures, implementation requirements, schedule conformance, and mitigation monitoring committee responsibilities. Committee rules are established, the entire mitigation monitoring program is presented, and any misunderstandings are resolved. 3.2 CATEGORIZED MITIGATION MEASURES/MATRIX Project-specific mitigation measures have been categorized in matrix format, as shown in Table 3-1. The matrix identifies the environmental factor, specific mitigation measures, schedule, and responsible monitor. The mitigation matrix will serve as the basis for scheduling the implementation of, and compliance with, all mitigation measures. 3.3 IN-FIELD MONITORING Project monitors and technical subconsultants shall exercise caution and professional practices at all times when monitoring implementation of mitigation measures. Protective wear (e.g., hard hat, glasses) shall be worn at all times in construction areas. Injuries shall be immediately reported to the mitigation monitoring committee. 3.4 DATA BASE MANAGEMENT ~ All mitigation monitoring reports, letters, and memos shall be prepared utilizing Microsoft Word software on IBM-compatible PCs. 3.5 COORDINATION WITH CONTRACTORS The construction manager is responsible for coordination of contractors and for contractor completion of required mitigation measures. 3.6 LONG-TERM MONITORING Long-term monitoring related to several mitigation measures will be required, including fire safety inspections. Post-construction fire inspections are conducted on a routine basis by San Bernardino City Fire Department. Arrowhead Springs Specific Plan Mitigation Monitoring Program City of San Bernardino · Page 9 3. Mitigation Monitoring Requirements This page intentionally left blank. Page 10 . 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Mitigation Monitoring Reports " Mitigation monitoring reports are required to document compliance with the Mitigation Monitoring Program and to dispute arbitration enforcement resolution. Specific reports include: . Field Check Report . Implementation Compliance Report . Arbitration/Enforcement Report 4.1 FIELD CHECK REPORT Field check reports are required to record in-field compliance and conditions, 4.2 IMPLEMENTATION COMPLIANCE REPORT The Implementation Compliance Report (ICR) is prepared to document the implementation of mitigation measures on a phased basis, based on the information in Table 3-1. The report summarizes implementation compliance. including mitigation measures, date completed, and monitor's signature. 4.3 ARBITRATION/ENFORCEMENT REPORT The Arbitration/Enforcement Report (AER) is prepared to document the outcome of arbitration committee review and becomes a portion of the ICR. Page 34 . The Planning Center October 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 RESOLUTION NO. tQ)[PV RESOLUTION OF THE CITY OF SAN BER1~ARDINO ADOPTING THE FACTS, FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS, CERTIFYING THE FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT, ADOPTING THE MITIGATION MONITORING AND REPORTING PLAN, CERTIFYING THE TRAFFIC IMPACT ANALYSIS, AND ADOPTING THE UPDATED GENERAL PLAN, THE UNIVERSITY DISTRICT SPECIFIC PLAN, AND THE ARROWHEAD SPRINGS SPECIFIC PLAN. SECTION I. RECITALS (a) WHEREAS, the Mayor and Common Council of the City of San Bernardino ("City") adopted the General Plan for the City by Resolution No. 89-159 on June 2, 1989; and (b) WHEREAS, the City initiated an update of its existing General Plan in 2001; and (c) WHEREAS, the City retained The Planning Center to update the General 16 Plan and complete the environmental analysis; and 17 (d) WHEREAS, an Economic Conditions and Trends report was prepared for 18 the General Plan Update Program; and 19 20 21 22 (e) WHEREAS, the City held a workshop with representatives of business and industry in 2001 to elicit input concerning growth in the City; and (f) WHEREAS, the City held a series of community workshops in 2001 to 23 identify Citywide opportunities and constraints, and visions for the future growth of the 24 City; and 25 26 27 28 (g) WHEREAS, staff and the consultant interviewed the Mayor, the Councilmembers, and the Planning Commission to seek their input and guidance; and (h) WHEREAS, The Planning Center prepared an Issues Report that 1/:1 , / / J / / /1 c-;' summarized the input received from the workshops and interviews; and 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (i) WHEREAS, the City determined that large scale changes in land use patterns and land use designations were not necessary to achieve the City's goals; and U) WHEREAS, the City determined that shifts in policy focus, changes in allowable uses, and emphasis on priorities were necessary to achieve the City's goals; and (k) WHEREAS, the City determined that a Specific Plan for the University District was appropriate to integrate California State University San Bernardino with the rest of the City; and (I) WHEREAS, The University District Specific Plan focuses on aesthetic improvements in public rights-of-way and other programs designed to create an identifiable district surrounding the University; and (m) WHEREAS, the Arrowhead Springs area is within the City's sphere of influence and the City determined that a Specific Plan for Arrowhead Springs was appropriate; and (n) WHEREAS, the Arrowhead Springs Specific Plan proposes expansion of the historic hotel and spa/resort, an 18-hole public golf course, multi-use recreational amenities, a new hotel and conference center with office space, 1,350 residential units and a "village" commercial center on a total of 1,916 acres, of which 1,400 acres will be preserved as open space; and (0) WHEREAS, The Planning Center, on behalf of the City, prepared an Initial Study for the Updated General Plan, University District Specific Plan, and Arrowhead Springs Specific Plan; and (p) WHEREAS, on November 4,2004, the Environmental Review 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Hi 17 18 19 20 21 22 23 24 25 26 27 28 Committee detennined that the Updated General Plan, University District Plan, and Arrowhead Springs Specific Plan could have significant effects on the environment, and thus warranted preparation of a Program Environmental Impact Report (EIR) pursuant to the California Environmental Quality Act (CEQA); and (q) WHEREAS, the Notice of Intent of the City to prepare a Draft Program Environmental Impact Report was made known to the public, responsible agencies and other interested persons for their concerns and comments from November 29, 2004 to December 28, 2004; and (r) WHEREAS, on December 14, 2004, the City held a public scopmg meeting to solicit public comments on the preparation of the Draft Program EIR; and (s) WHEREAS, the City considered the concerns and comments received during the Notice of Intent period in the preparation of the Draft Program EIR, pursuant to CEQA; and (t) WHEREAS, a Draft Program EIR was distributed for a 45-day public review period from July 25,2005 to September 8,2005; and (u) WHEREAS, the City accepted additional comment letters through September 16,2005; and (v) WHEREAS, four comment letters were received before the close of the public review period and three comment letters were received before the end of the extended public review period and written responses were provided to the commentors on October 1, 2005; and (w) WHEREAS, on September 29, 2005, the Environmental Review Committee detennined that the Final Program ErR adequately addressed all potential impacts of the Updated General Plan, University District Specific Plan, and Arrowhead 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Springs Specific Plan and recommended certification of the Final Program EIR and adoption of the Mitigation Monitoring and Reporting Plan; and (x) WHEREAS, the Updated General Plan, University District Specific Plan, and Arrowhead Springs Specific Plan, the Draft Program Environmental Impact Report, the Comments and Responses, the Mitigation Monitoring and Reporting Plan, and the Draft Facts, Findings and Statement of Overriding Considerations were made available to the public at the Development Services public counter, the Feldheym Library, and on the City's web page; and (y) WHEREAS, on November 3, 1993 the San Bernardino Associated Governments adopted the Congestion Management Program (CMP) pursuant to California Government Code Section 65809.3(a) which requires the county and cities to adopt and implement "a program to analyze the impacts of land use decisions, including an estimate of the costs associated with mitigating these impacts" on the CMP network of roadways; and (z) WHEREAS, the Mayor and Common Council adopted a Land Use/Transportation Analysis Program for the City pursuant to the CMP for the City of San Bernardino by Resolution No. 93-74 on March 22,1993; and (aa) WHEREAS, the City determined that the Arrowhead Springs Specific Plan met the thresholds in the CMP and thus warranted the preparation of a Traffic Impact Analysis (TIA) pursuant to the Congestion Management Program; and (bb) WHEREAS, a Draft TIA was prepared to address the traffic impacts of the Arrowhead Springs Specific Plan on designated CMP roadways and freeways, the appropriate mitigation measures, and fair share contribution toward CMP roadway and freeway improvements; and 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (cc) WHEREAS, the Draft TIA was made available to the various regional and sub-regional agencies and to the adjacent jurisdictions for their review during a 21- day review period which began on August 3, 2005 and ended on August 24, 2005 as required by the CMP; and (dd) WHEREAS, verbal and written comments were received on the Draft TIA and responded to via changes to the Draft TIA; and (ee) WHEREAS, with over 70,000 parcels of land within the City of San Bernardino, the Draft Updated General Plan, including the University District Specific Plan and Arrowhead Springs Specific Plan, could affect the permitted use or intensity of uses for more than 1,000 property owners; and (ff) WHEREAS, after giving public notice as required by California Government Code Section 65353(c) and 65091(a)(3), the City Planning Commission held a public hearing on October 11, 2005 in order to receive public testimony and written and oral comments on the Updated General Plan, the University District Specific Plan, the Arrowhead Springs Specific Plan, the Final Program Environmental Impact Report, the Mitigation Monitoring and Reporting Plan, the Facts, Findings and Statement of Overriding Considerations and the Draft TIA; and (gg) WHEREAS, the Planning Commission considered the Development Services Department Staff Report on October 11, 2005, which addresses the Final Program EIR, the Updated General Plan, the University District Specific Plan, the Arrowhead Springs Specific Plan, the Mitigation Monitoring and Reporting Plan, the Facts, Findings and Statement of Overriding Considerations and the Draft TIA; and (hh) WHEREAS, the Planning Commission, after receiving public testimony, recommended that the Mayor and Common Council adopt the Facts, Findings and 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Statement of Overriding Considerations, certify the Final Program Environmental Impact Report, adopt the Mitigation Monitoring and Reporting Plan, adopt the Updated General Plan, the University District Specific Plan, and the Arrowhead Springs Specific Plan, and certify the Draft TIA; and (ii) WHEREAS, the Mayor and Common Council conducted a noticed public hearing on November 1, 2005, pursuant to Government Code Section 65353(c) and 65091(a)(3), and fully reviewed and considered the Final Program ErR, the Mitigation Monitoring and Reporting Plan, the Facts, Findings and Statement of Overriding Considerations, the Updated General Plan, the University District Specific Plan, the Arrowhead Springs Specific Plan, the Draft TIA, the Planning Division staff reports, and the recommendation of the Planning Commission; and (jj) WHEREAS, the Mayor and Common Council made no substantial modifications to the Updated General Plan, the University District Specific Plan, and the Arrowhead Springs Specific Plan which were not considered by the Planning Commission during its public hearing; SECTION II. PROGRAM ENVIRONMENTAL IMPACT REPORT NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL HEREBY RESOLVE, FIND, AND DETERMINE THE FOLLOWING: A. The facts and information contained in the above Recitals section are true and correct, and are incorporated herein by reference. The Final Program Environmental Impact Report for the Updated General Plan, the University District Specific Plan, and the Arrowhead Springs Specific Plan have been completed in compliance with the California Environmental Quality Act. Attached to this Resolution as Exhibit A, and 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 incorporated herein by reference, IS the Final Program EIR which consists of the following elements: I. Initial Study; 2. Notice of Preparation; 3. Responses to the Notice of Preparation; 4. Draft Program EIR; 5. Notice of Completion; 6. List of persons, organizations and public agencies commenting on the Draft Program EIR; 7. Comments received on the Draft Program EIR during and after the public review period; 8. Responses to comments on the Draft Program EIR. B. The Facts and Findings set forth in the Facts, Findings and Statement of Overriding Considerations are true and are supported by substantial evidence in the record, including those documents comprising the Final Program EIR. The Facts, Findings and Statement of Overriding Considerations is attached hereto as Exhibit B, and is incorporated herein by reference. C. The Final Program EIR was presented to the Mayor and Common Council, who have reviewed and considered the information in the Final Program EIR prior to its certification and prior to adoption of the Updated General Plan, the University District Specific Plan, and the Arrowhead Springs Specific Plan. D. The Final Program EIR has identified all significant adverse environmental effects of the Updated General Plan, the University District Specific Plan, 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and the Arrowhead Springs Specific Plan as set forth in the Facts, Findings and Statement of Overriding Considerations. E. Although the Final Program EIR identifies certain significant adverse environmental effects that would result if the Updated General Plan, the University District Specific Plan, and the Arrowhead Springs Specific Plan are adopted, all significant adverse environmental effects that can feasibly be avoided or mitigated will be avoided or mitigated by the implementation of the mitigation measures as set forth in the Mitigation Monitoring and Reporting Plan for the Final Program EIR. The Mitigation Monitoring and Reporting Plan is attached to this Resolution as Exhibit C and incorporated herein by reference. F. The Final Program EIR has described the alternatives to the Updated General Plan, the University District Specific Plan, and the Arrowhead Springs Specific Plan, even though these alternatives may impede the attainment of the objectives of the Updated General Plan, the University District Specific Plan, and the Arrowhead Springs Specific Plan, and may be more costly. The Mayor and Common Council finds that a good faith effort was made to incorporate alternatives in the preparation of the Final Program EIR and a range of reasonable alternatives were considered in the review process of the Final Program EIR and the ultimate decision on the Updated General Plan, the University District Specific Plan, and the Arrowhead Springs Specific Plan. G. Potential mitigation measures and other project alternatives not incorporated into or adopted as part of the Final Program EIR were rejected as infeasible, based on specific economic, social, or other considerations as set forth in the Facts, Findings and Statement of Overriding Considerations. 8 1 2 3 4 H. The Mayor and Common Council have given great weight to the significant unavoidable adverse environmental impacts. The Mayor and Common Council find that the significant unavoidable adverse environmental impacts are clearly outweighed by the economic, social, cultural, and other benefits of the Updated General Plan, the University District Specific Plan, and the Arrowhead Springs Specific Plan, set forth in the Facts, Findings and Statement of Overriding Considerations: 1. The Final Program Environmental Impact Report, the Mitigation Monitoring and Reporting Plan, 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 Bernardino. SECTION III. GENERAL PLAN UPDATE FINDINGS 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Based upon substantial evidence in the record, the Mayor and Common Council hereby find: A. All elements of the General Plan have been updated in a coordinated way, ensuring internal consistency of the General Plan document. B. The Updated General Plan will not be detrimental to the public interest, health, safety, convenience, or welfare of the City. The Final Program EIR contains an analysis of potential significant adverse environmental impacts related to the Updated General Plan. Although the Final Program EIR identifies unmitigated significant adverse environmental impacts, the Facts, Findings and Statement of Overriding Considerations indicate that the potential benefits of the Updated General Plan and associated specific plans outweigh the unmitigated significant adverse environmental impacts. C. With few exceptions, the Updated General Plan maintains the existing 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 General Plan land use designations. Therefore, the appropriate balance of land uses reflected in the current General Plan is maintained by the proposed Updated General Plan. D. Very few properties are proposed for land use designation changes by the Updated General Plan. The properties are identified specifically in the Final Program Environmental Impact Report, which presents the rationale for each proposed change and discusses the suitability, including physical characteristics of each proposed site for the proposed land use designation. SECTION IV. UNIVERSITY DISTRICT SPECIFIC PLAN FINDINGS Based upon substantial evidence in the record, the Mayor and Common Council hereby find: A. The University District Specific Plan is consistent with goals and policies of the existing General Plan, as well as revised policies of the proposed General Plan Update, as follows: Goal 2.3 - Create and enhance dynamic, recognizable places for San Bernardino's residents, employees and visitors. 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 2.3.4 - Develop a cohesive theme for the entire City, as well as sub-themes for neighborhoods to provide identity, help create a sense of community and add to the City's personality. B. The University District Specific Plan would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. The proposed specific plan would enhance the aesthetic appearance and thematic identity of the University 10 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 District. Public improvements, landscape design and signage programs of the specific plan would create a sense of "place" to make the University District a distinct neighborhood, well integrated with the City. C. The University District is physically suitable for the improvements proposed by the University District Specific Plan. The specific plan does not propose different land use designations or any particular land development. Improvements proposed by the specific plan are design features to be incorporated in existing public rights-of-way, or that may be reflected in private land development as consistent themes for on-site signage, landscape or public art. D. The University District Specific Plan is focused on enhancing the character of an existing neighborhood of the City. Adoption of the design features in the specific plan will ensure desirable character of future public improvements, whether installed by the City or by private development. The themes of the specific plan should also carry into on-site improvements of future development projects. E. Although the University District Specific Plan does not propose changes to land use designations, it would enhance the community design elements that promote the convenient balance of land uses existing and planned for the University District. SECTION V. ARROWHEAD SPRINGS SPECIFIC PLAN FINDINGS Based upon substantial evidence in the record, the Mayor and Common Council hereby find: A. The Arrowhead Springs Specific Plan is consistent with goals and policies of the existing General Plan, as well as revised policies of the proposed General Plan Update, as follows: 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Goal 2.2 - Promote development that integrates with and minimizes impacts on surrounding land uses. Policy 2.2.4 - Hillside development and development adjacent to natural areas shall be designed and landscaped to preserve natural features and habitat and protect structures from threats from natural disasters, such as wildfires and floods. Goal 4.4 - Enhance, maintain and develop recreational, cultural, entertainment and educational facilities within the City. B. The Arrowhead Springs Specific Plan would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. The proposed plan would enhance the balance and variety of commercial and residential land uses in the City, in the interest of public welfare and convenience. The land use plan and development standards conform to all applicable and current health and safety standards. Also, in the interest of the public, the Arrowhead Springs Specific Plan respects the natural environment in the layout of the proposed development plan and the extensive dedication of natural open space on the project site. C. The site is physically suitable for the land use designations and development plan proposed by the Arrowhead Springs Specific Plan. The land use plan has been designed to conform to the physical features of the site, beginning with a scale model of the existing terrain and the existing historic hotel structure. New development proposed by the specific plan was added to the model to maintain respect for the prominence of the existing hotel, the natural setting of the existing landform and sensitive natural resources on the project site and in the surrounding area. The site is physically suitable for the proposed project because the project was designed specifically to conform to the existing physical conditions of the site. 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 D, The Arrowhead Springs Specific Plan includes a detailed development plan, development standards and design requirements that will ensure compatibility with the historic Arrowhead Springs Hotel, as well as the surrounding development and undeveloped open space. The land use plan and development standards of the specific plan have been designed to ensure the highest quality of development, in a context that would be compatible with the historic use of the property, while maintaining an appropriate buffer and interface with surrounding open space and wildlands. E. The hotels, convention center, office spaces and commercial village proposed within the Arrowhead Springs Specific Plan will provide a broad range of employment opportunities for future residents of the project site, as well as nearby residents in other areas of the City. The specific plan will improve the balance ofland use within the City, by providing commercial and office floor space to attract new businesses to the City and additional shopping and recreational opportunities for City residents and visitors to the hotels and convention center. SECTION VI. CERTIFICATION OF THE PROGRAM ENVIRONMENTAL IMPACT REPORT NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED by the Mayor and Common Council of the City of San Bernardino that the Final Program Environmental Impact Report (SCH #2004111132) is adequate and complete in that it addresses the environmental effects of the Updated General Plan, the University District Specific Plan, and the Arrowhead Springs Specific Plan and fully complies with the requirements of the California Environmental Quality Act, the CEQA Guidelines and the City's Environmental Review Procedures. The Final Environmental Impact Report is 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 hereby certified; the Facts, Findings and Statement of Overriding Considerations are hereby adopted; and the Mitigation Monitoring and Reporting Plan is hereby adopted. SECTION VII. ADOPTION OF THE UPDATED GENERAL PLAN AND SPECIFIC PLANS Based upon the above-referenced findings, the Updated General Plan, the University District Specific Plan and the Arrowhead Springs Specific Plan (attached and incorporated herein as Exhibits D, E, and F, respectively) are hereby adopted. SECTION VIII. TRAFFIC IMP ACT ANALYSIS The TIA for the Arrowhead Springs Specific Plan has been completed in compliance with the regional CMP and the City's Land Use/Transportation Analysis Program and found to be consistent with the regional Congestion Transportation Plan model. The TIA and all the evidence and information contained therein is attached hereto as an appendix to Exhibit A and incorporated herein by reference, and is hereby certified. SECTION IX. NOTICE OF DETERMINA nON In accordance with the provisions of this Resolution, the Planning Division is 19 hereby directed to file a Notice of Determination with the County of San Bernardino 20 21 22 23 24 25 26 27 28 Clerk of the Board of Supervisors certifying the City's compliance with the California Environmental Quality Act in preparing and certifying the Final Program Environmental Impact Report and adopting the Facts, Findings and Statement of Overriding Considerations, the Mitigation Monitoring and Reporting Plan, the Updated General Plan, the University District Specific Plan, and the Arrowhead Springs Specific Plan, and certifying the Traffic Impact Analysis. A copy of the Notice of Determination will be forwarded to the State Clearinghouse. 14 1 2 3 4 5 6 7 8 9 10 11 12 SECTION IX. EFFECTIVE DATE The certification of the Final Program EIR and the Traffic Impact Analysis, the adoption of the Facts, Findings and Statement of Overriding Considerations, the Mitigation Monitoring and Reporting Plan, the Updated General Plan, the University District Specific Plan and the Arrowhead Springs Specific Plan shall be effective immediately upon adoption of this Resolution. SECTION X. ANNEXATION In accordance with the provisions of this Resolution, the Planning Division is hereby directed to prepare and file an application with the Local Agency Formation Commission (LAFCO) to initiate annexation of the Arrowhead Springs Specific Plan 13 property. 14 III 15 III 16 17 18 19 20 21 22 23 24 25 26 27 28 15 1 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE FACTS, FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS, CERTIFYING THE FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT, ADOPTING THE MITIGATION MONITORING AND REPORTING PLAN, CERTIFYING THE TRAFFIC IMPACT ANALYSIS AND ADOPTING THE UPDATED GENERAL PLAN, THE UNIVERSITY DISTRICT SPECIFIC PLAN, 5 AND THE ARROWHEAD SPRINGS SPECIFIC PLAN. 2 3 4 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 7 Common Council of the City of San Bernardino at a meeting thereof, held ,2005, by the following vote to wit: Nays Abstain Absent Rachel G. Clark, City Clerk 21 The foregoing resolution is hereby approved this day of November, 2005. 22 23 24 Judith Valles, Mayor City of San Bernardino 25 Approved as to fonn and Legal Content: ,1 _ /) ;' .) f{_ .' 7 1 I. 1-\-'.-- ',,- 26 By: / / / ames F. Penman I . - CIty Attorney 27 28 16 NOV-01-05 16:47 'Nov-01~05 04:49pm From- Sonnens{ .hein il)'tf\i[I,..'i.L l[IN NATrl 0'), ?~-SEr\jTl1j'L Llf-' Facsimile Transmittal Sheet DATE.. November 01, 2005 PLEASE DELIVER THE FOLLOWING PAGES TO; NAME.. FIRM. PHONE- FAX. CLIENT / MA TTER. FROM. J amt:s F. Penman City Attorney, Cily of San Bernardino 909-384-5355 909-384-5238 50048590-0002 Roben M_ Johnson P 01 R-509 Job-026 T-676 P 01/05 F-238 601 S Figueroa Street SUlte,500 Los Angeles CA 90017 2136239300 213.0239924 fa" C/l,cago Kansas CIty Los Angeles Ne'fll YOrK San FranCIsco I/IIW'W sonnellscnem.com Snort HIlls NJ SI LOuIS wasn,ngJon D C weSl Palm Beacn II/,Ids Ent~rp.d into Record at r."HIJ:il/(';mvDp.vCms Mtg: bV ~__~~I-~ C;~ re Ayeilda Item __ __ I ct:~t ~~ ~ity Clerk/COC Secy City of San Bernardino TOTAL NUMBER OF PAGES TRANSMITTED, INCLUDING THIS SHEET: 5 MESSAGE. San Bernardwo General Plan update and ASSOClill<:d SpeCific Plans Environmental Impact Repon Origillal will NOT be m"Uea CONFIDENTIALITY NOTE OUlpJeUJas lies JO Al!:J A3aS :J():J'~Jal:l Al!:J wall eplJrlfi\1 aJ ^Q :61W SW:JAaOAW:,) ,'11"'/:] &8 pJoallU OIU! paJij Tne dOcuments aCC'Dmp~ny,ng tIl,s facsimile TransmiSSion ana me FacsimIle Tran~ml~slofl Sn&m CDnIa,n mformatlon from the la.,., n 01 Sonnensche,n N~tn & RosAntnal LLP INn/en IS co(}t~Oe(lfIfJl or pu",leged The mformi?tlon I.:) ,n(f:UH.Jt.'(j (0 De tOI me use of me mC1Jlllau"" Of ant,ty n~mtld DIl ItJJS trEiUSfll,ss,on sneer It yOu are nor me mrenaect reCipient. 00 dvvtirB mar any OISCIOSure Copying, (:1lstflOl.J"on or uSt: Of lIle contents of en,s facslmilecJ InformallOnlS pron,o,wd If 'fa" /lave receNea en,s faCSimIle ,II error, pleaS!) (jOllfy uS Dy lelepnooe ,mmecJ,ale/y ';0 mar we can af,angl?' for ene TelfJeval or ene or,glOal C10."mef//S <II nO CDSIIO yOu IF yOI.) DO NOT RECEivE ALL OF THE PAGES A80v~, PLEASE CALL 213 623 9300 AS SOON AS POSSIBLE SN&R FACSIMILE DEPARTMENT LISE DNL Y TRANSMISSION COMPLETED AT JO; I ~.UM\v-1 DOCUMENT TRANSMITTED By NOV-Ol-05 16:47 Nav-Ol~05 04:49pm P 02 R-509 J ab-026 Fram- T-676 P 02/05 F-238 S~nnenscheiI1 601 SouTn Figueroa SneeT SUITe 15lXl L05 Angele~ CA 90017 2136239300 213 0239924 lax Chicago Konm> CIIY Lo, AngSles New York SONNENSC I1EII\j NATH &. ;?OSi:NTHAI.- l-o-P Robert M. Jonl1son 21:J 892 5071 rmJonn~OI1@~onnenscneln com www sonnenscneln com Son FranCIsco SnorT HI/Is. N J ST LowlS Wasn,ngTDn. D C WesT Palm BeC/cn Novtrnber I, 2UOS YlArACS1M1L[ AN}) HAND DELIVERY James f. Penman elly Attomey City of San Bcmardmo 300 Nonh D Street, Si"lh Floor San Bernardm\), CA 92418 R~' San Bernardino General Plan Update and Associated SpecIfic Plans Envlrorune:ntalImpact Repon De;JI Mr ?rnman We are wnllllg un behalf of AlTowhead Spring Water Company ("Arrowhead"), an dffilIatt of \ksrle W<lters Nurth Amenca ("Nestle"), concernmg the City of San BernaJdmo's propose:d .'\;rowh~ad Spnngs SpecJtlc Plan Arruwhead owns several parcels Wllh1l1tl1e boundaries orehe proposed SpecJtlc Plan Arrowhead also holdS a number of casements wllhmthe Plan Area, These propeny lights have been COl1ulluously us.;d for nearly 100 years DUrIng th~llJmt, Arrowhead has budt a slgnllicant spnng water business wonh mIllions uf dollars. Arrowhead's property nghts m and around the proposed Plan Area are em Im~gral part of that business Arrowht:ad's easements drr parTIcularly imponant be..:al~5e they contalll a slgn1flcam portlun of the company's wattr ddlvery lllfraslructure, lIlCluding, withOut hmltation, water plpelilles dnd a truck loadmg statIon We are concerned by language m the Clly'S General Plan Update and ASSUCl:ncd SpecIfic Plans t:nvlrOnm(;rllallmpact Report ("ElK') whIch notes that "(a] number of ex IS lIng ullhlies including overhead t:kctrlcalllnes and watt:r pIpelines may have 10 be: relocated " The EIR also suggests Ihar "I w]l1ere possible, these uuhne" wuuld be placed in new t:asemel1ls estdbllsh~d for Ulilmes " These ,KlIuos could have a severe and rnarenal adverst: Impact on Arrowh.:ad '5 spnng water bUSIness For that reason, AtTowheaJ does not consent to th~ relocallon of any plpeJrnes and/or east:menlS ill the Plan Area, and it specifically r~serves any and all legal nghls related to JUi)l)Qy]W I NOV-O 1-05 16:47 P 03 R-509 Job-026 Nov-Ol~05 04:49pm From- T-676 P 03/05 F-238 S~nnenschein SUNI'o[:~')('r1F,,''/ NAir, a rH..J~f"..II"'''d.. _.p James f Penman November I. 2005 Page 2 the CllY'S proposed Specific Plan Furthennore, Arrowhead objects to any City aClIon which cOllld adversely Impact Anowht:ad's fee simple propeny mterests We also wish lO commem upon the EIR it"elf' While the formal publlc comment penod fot thiS prOject hd" closed, these comments are nonethekss timely because, as explained below, the elly faded to provide Arrowhead wHh proper notice ohhe SpeCific Plan Our comments are as tallows, 1. TIlt' Clly DId Not PrOVIde Appropriate Notice to Arrowhead and f\<esU\; Arruwh"ad lcalncd Dilly r<:cemly oflhc Cny's CEQA compliance :!cllvilles for rhe General Plan Updal<: and Associated SpeCIfiC Plans Environmental Impact Repon Despile the fact that AlTowht'ad has slgl1lficam and longslandll1g propeny nghts within the bOllnddnes oftlle proposed SpeCific Plan, the: Cny did not noUfy lht: company of any meetmgs Or documents rebted to the CEQA process In fact, lhe Final fiR does nOt appear to contam any evidence that lhe Cil)' comph~d with "eenons :2] OS3 9 ilnd 21092 01 the Cahfomia Public Resourct's Code, or with seetlOl1 15087 of Title 14 of the Califol11la Code ofRtgulations. Mon~ovel. tbe Clly'S f<ulure to notify AlTowhead of opponumti~s 1O cOlnrnent upon and discuss the SpecifIC Plan VIOlates th~ company's Due Proc~ss and Equal Protectlon nghts We respectfully request that AlTowheau be consJdereu an mleres~ed pany In :tll mailers related !O the enactment and impJementatlon of the SpeCific Plan, and, on lhat baSIS. receive appropri;.!te nolle<; of future determmatlOllS and/or doeurnenrs related to tbe Proposals. Moreover, we request thaI the CllY penTIlt the company to prepare and submll commentS upon the fIR before It adopts the SpeCific Plan 2 The elly Must Recirculate the General Plan Update and Associated Specific plans Envlronmc::nlal Impact Repon In response to comments on the Draft EIR, the elly made several slgm ficanr changes to the documems Those changes were never circll!:ned for additional pubhc reView as r~quired under sectIon 21092 I of the Cal1fomia Public Resources Code and seetlon 15088,5 otTltle 14 of the Cal1fOmJil Cmlt of Regulatlons In addItIon, we arc:: nol aware of any substanllaJ evidence sllpponlllg the ("ny's deCision not to reCirculate See Cal Code Regs. tll 14, ~ 1'i088.5(e). Therefore, we rt'speclfuJl)' request thal lbe elly leClrculate the EIR pnor to takll1g aCIlon On the Specific Plan At mil1l111Um, lht: recirculatIOn process should Itlcludt: pubhc notIce and the opportunity tLl comment See Cal Code Regs tit 14, ~ i50885(d), _'0_. ,,1~V.. ,v I NOV-01-05 16:47 'Nov-01~05 04:49pm P 04 R-509 Job-026 F rom- T-676 P 04/05 F-238 S~nnenschein -:;()r,l\f1\SC"'I:.II'j N....l" (), ;{05c:r,TH"'~ I-lP James F PelllTIJn November I, 2005 Page :I 3 '(he General Plan Update and Associated SpecIfic Plans Environmental Impact Repon Does NOT AuthOCl7e the C\tyjO Relocate EXlsnng Uullt1es Wnhout Completing Addinon4! Environmental Review The General Plan Update and AssoClaled Specific Plans Envlronmernallmp;KI Report is styled a "Program EIR." The CEQA Guidelmes encourage lead agenctes to use Program EIRs for broad poln:lt's, programs, and plans Set:, e g . Cal Code Regs, tit. 14, ~ 15168 But they also make It clear thaI agencies mUSl conduct addl110nal environmental review of specific Impltmenrallon actions which are not fully evaluated HI the Program document Jd AS nmed ahove, the CilY'S Program fIR "lale~ Iha! "[a) number of existll1g Utitlt1~5 meluding overhead eleCIncallllles and waler pipelines may have to be relocaled" It also suggests thaI "[ w ]here pOSSIble, Ihese ulllines would be placed in new easem.:nrs established for UUllllcS " 8tH ihe document does nOI Idennfy ihe specific locatIOn of the proposed "new easemt:nls" Or explain how the ullhnes will be relocated and Installed Nor dOt;S 11 evaluate alternative 411gmntnts or constructIOn i~chniques. And, mosllmponamly, the Program EIR contams no mformatlon whatsoever about the environmental conseqllences of removing and relocanng several mdes of mfrastnlCture, Funhermore. we note that slgmficant graclmg may matenally, and ad'vL'r.;cly impact, dfld trc.;pass upon, both Arrowhead's fee parcels and easement parcels Th<:rclore, CEQA mandates that the CIlY conduct additIOnal envlromnental review pllor to relocatIng any t'Xlsllng lln!ities }:,C"IIQ<)::_,.. I NOV-Ol-05 16:47 P 05 R-509 Job-026 Nov~01-05 04:50pm From- T-676 P 05/05 F-238 S~nnenschein '3C"''''rf\!''ICnEIl'< NA7h 6. [10~~NIM"l ,l? James F Penman November I. 20CJ5 Page 4 1 hank YOll very much tor {he opportunlly tu comment on the General Plan Updale and Associated Specific Plans Environmental Impact Report. Please contact me at (213) 892-5071 If YOll have any quesliom;. Very truly yourS, RMJ/lfc cc Tem Rahhal, Principal Planner, CIty of San Bernardino Rachel Clark, ell)' Clerk, City of San BernardinO Mark Evans, Esy Larry Lawrt'nct' \(,~~u'l<)="\I I