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HomeMy WebLinkAbout28-Development Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: James Funk, Director Dept: Development Services Subject: General Plan Amendment No, 00-02 - To delete portions of Piedmont Drive, Marshall Boulevard and V ictoria Avenue from the General Plan Circulation Element - Date: January 27, 2003 MCC Date: February 18, 2003 Synopsis of Previous Council Action: N/A That the hearing be closed, and that the Mayor and Common Council adopt the resolution that adopts the Mitigated Negative Declaration, Mitigation Monitoring/Reporting Program, and General Plan Amendment No. 00-02. ~~t~ Contact person: V::llf'rip R()<;:<;: phonf" ,~4_'i()'i7 Supporting data attached: Staff Report Reso Ward: 4 FUNDING REQUIREMENTS: Amount: N/ A Source: (Acct. No.) (Ar('t npcl'ript-irm) Finance: Council Notes: \2cCi":'# 'ZCC)3-:;c/ Agenda Item No. ~-- i:J$ ;;..f J t /113 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: General Plan Amendment No. 00-02 Mayor and Common Council Meeting of February 18,2003 BACKGROUND In 1990, the San Manuel Band of Mission Indians submitted a General Plan Amendment request for the above-listed modifications to the City's Circulation Element, in conjunction with a development proposal for the lands which they control in this area. The proposal was tabled for a time, while the Tribe refined its plans for the area, and while lands, which had previously been held in fee, were made part of the Reservation. The Tribe then reactivated their request for a General Plan Amendment, and withdrew the development proposal component of their request. The General Plan Amendment is requested in order that the Tribe may develop the lands located north of Marshall Boulevard, which they now control, in a uniform manner, without the bisection caused by the extension of Piedmont Drive. Since all lands in this area are now Tribal, future development will be under the Tribe's jurisdiction. At its meeting of January 22,2003, the Planning Commission recommended that the Mayor and Common Council approve General Plan Amendment No. 00-02. The motion was approved on a 6 to I vote, with Commissioners Enciso, Lockett, Morris, Thrasher, and Welch, voting in favor of the motion; Commissioner Coute opposed to the motion; and Commissioner Sauerbrun abstaining. The Planning Commission expressed concerns regarding the drainage mitigation measures included in the Mitigated Negative Declaration, particularly those addressing the retention basin at the southwestern comer of what is now the parking lot, on the north side of Marshall Boulevard. The City Engineer and the Tribe have worked closely with the Tribe's engineer in developing plans which will ensure that the lOa-year storm is detained in this retention basin, and released through structures planned for the western side of the property. These structures will release water in a controlled manner to the City's storm drainage system. The Planning Commission requested that the Mayor and Common Council be informed ofthe hydrology mitigation measures by the City Engineer as part of their consideration of this matter. Exhibit 5 is a memorandum fTOm the City Engineer that addresses the drainage issues. FINANCIAL IMPACT None, the applicant has submitted the application filing fees for this project. RECOMMENDATION Staffrecommends that tlie Mayor and Common Council: Adopt the Mitigated Negative Declaration, Adopt the Mitigation Monitoring/Reporting Program, and Approve General Plan Amendment No 00-02, based on the Findings of Fact in the Planning Commission Staff Report. Exhibits: 1. Location Map 2 Planning Commission Staff Report dated January 22, 2003 Attachment A Location Map Attachment B Initial Study Attachment C Mitigation Monitoring Program 3 Hydrology Study, Berriman and Henigar 4 Resolution 5 Memorandum ii.om City Engineer EXHIBIT 1 CITY OF SAN BERNARDINO PROJECT: GPA 00-02 PLANNING DIVISION LOCATION MAP LAND USE DISTRICTS HEARING DATE: 2/18/03 u NORTH ~t ~ I I I I , CI!ST ,I::, t I :]"85-'1'.'0 t P0l'1101" of P'@dmo"t Dnvl!' d!!dicaled per DOC:.Jme~l Nc. 82.019692 0 R Gienmare Sl~el 1! I ::::-, , .' PortIon of Piedmont D~'1e cedlca.!ed per Document No 80-2151450 R ':.~- '.... artier. of ?iedmonl On-,e dedicated on Par:el Map 0.4879 (PM SJ/69-7Q) fI" -' -l- . " >- ;;; Q~~"2'.JD Cor Se:: 29 N. R 3 '.J ~ Edgemont Drive ,..c'" ~v~'G Areas to be vacated ~ .'. .\ '--;1<i / ,--.... \ ~ ~ ~S'~ 1 ~ W I ~ > ~ m <i o <: 0' <: ~ <: > ui > <: o '" o ~ LaMlT A PlAC:: U o '" , ~!-" \':.\ 0, , '\ '\ \ '\ ~------ "I,'.'. Cor Lo': 1 ~ Tr<;lC': No. ~ ~ -- 1 '" N ~ ~ Q!s.lSJ.'D DEL NORTE DRIVE :'!:UJ 0:0::0 OZ >-UJ U> ><( I L YNWOOD DRIVE EXHIBIT 2 SUMMARY CITY OF SAN BERNARDINO PLANNING DIVISION CASE: AGENDA ITEM: HEARING DATE: WARD: General Plan Amendment No. 00-02 2 January 22, 2003 4 OWNER/ APPLICANT: San Manuel Band of Mission Indians 26524 Indian Service Road Highland, CA 92346 (909) 382-2222 REQUEST AND PROJECT DESCRIPTION: The applicant requests to delete the following arterials from the General Plan Circulation Element: 1. Piedmont Drive: from Marshall Boulevard, northwesterly a distance of 1,160 feet, to the City limits and the existing portion of Piedmont Drive, currently designated a Secondary Arterial. 2. Marshall Boulevard: from the east side of Rockford Avenue, easterly a distance of835 feet, to Victoria Avenue, currently designated a Secondary Arterial. 3. Victoria Avenue: from 100 feet north of Piedmont Drive, a distance of725 feet northerly, currently designated Secondary Arterial. The applicant also requests that the City vacate previously dedicated roadway easements for Piedmont Drive, between Marshall Boulevard and Blythe Avenue (extended). CONSTRAINTS/OVERLAYS: . None ENVIRONMENTAL FINDINGS: o Not Applicable o Exempt CJ No Significant Effects . Potential Effects, Mitigation Measures and Mitigation Monitoring/Reporting Plan General Plan Amendment 00-02 Hearing Date 1/22/2003 Page 2 STAFF RECOMMENDATION: . Approval . Conditions ::J Denial ::J Continuance to: REQUEST AND PROJECT DESCRIPTION The applicant requests that portions of Marshall Boulevard, Victoria Avenue and Piedmont Drive, all designated Secondary Arterials on the City's General Plan maps, be removed from the General Plan. In conjunction with the request, the Tribe also requests that these streets be vacated by the City. The portion of Piedmont Drive which the Tribe requests be removed from the General Plan occurs entirely on Tribal lands. The sections of Marshall Boulevard and Victoria A venue which would be removed from the Genera] Plan occur immediately adjacent to Tribal lands. The General Plan Amendment is proposed for an area in the northeastern portion of the City, generally north of Lynwood Drive and east of Victoria A venue. SETTING/SITE CHARACTERISTICS The area in which the General Plan Amendment is proposed is generally residential in nature. The San Manuel's casino facility occurs immediately east of the proposed General Plan Amendment area. BACKGROUND ]n ]990, the San Manuel Band of Mission Indians submitted a Genera] Plan Amendment request for the above-listed modifications to the City's Circulation Element, in conjunction with a development proposal for the lands which they control in this area. The proposal was tabled for a time, while the Tribe refined its plans for the area, and while lands which had previously been held in fee were made part of the Reservation. The Tribe then reactivated their request for a General Plan Amendment, and withdrew the development proposal component of their request. The General Plan Amendment is requested in order that the Tribe may develop the lands located north of Marshall Boulevard, which they now control, in a uniform manner, without General Plan Amendment 00-02 Hearing Date 1/22/2003 Page 3 the bisection caused by the extension of Piedmont. Since all lands in this area are now Tribal, future development will be under the Tribe's jurisdiction. The D/ERC reviewed the potential environmental impacts associated with the General Plan Amendment under the California Environmental Quality Act. It was determined that although environmental impacts associated with the Amendment could be significant, mitigation measures imposed on the General Plan Amendment will reduce impacts to a less than significant level, and a Mitigated Negative Declaration was recommended. The D/ERC moved the General Plan to Planning Commission consideration at its meeting of January 9, 2003. FINDINGS AND ANALYSIS 1. Is the proposed amendment internally consistent with the General Plan? Yes. The General Plan recognizes that conditions change over time in the City. Land Use Goal I A Provide for the continuation and development of sufficient land uses to serve the housing, commercial, educational, cultural, recreational and social needs of existing residents and population growth. Circulation Goal 6A Achieve an integrated, balanced, safe and efficient transportation system that accommodates the demand for movement of people, goods and services throughout the City generated by the Land Use Element. The General Plan Amendment's primary component is the vacation of Piedmont Drive, which would otherwise bisect a property under a single party's control. The Tribe wishes to develop a mix of uses on this property, now that the entire block is under their control. The secondary arterials proposed for removal from the General Plan are supported by a number of other streets in this area. The traffic patterns for the residential neighborhoods to the south and west may be enhanced, since cut-through traffic potential will be reduced in this area. The residents will still have access to Marshall Boulevard, but that access will not be possible from the casino property, for example. The elimination of these streets from the Circulation Element will allow for the unified development of these lands, while maintaining good circulation in the area. General Plan Amendment 00-02 Hearing Date 1/22/2003 Page 4 2. Is the proposed amendment detrimental to the public interest, health, safety, convenience of welfare of the City? No. The roads being eliminated from the Circulation Element are all Secondary Arterials, and are not major roadways within the City. Adequate arterial and collector roads still occur in this area, and regional traffic will not be impeded by the elimination of these roadways. 3. Will the proposed amendment maintain the appropriate balance of land uses within the City? Yes. The proposed amendment will not impact land use in the City. The area under consideration is primarily built out in residential development, and the General Plan Amendment will not have any effect on these neighborhoods' build out potential. 4. Is the subject parcel physically suitable for the requested land use designation and the anticipated land use development? The proposed General Plan Amendment will result in small areas of land being added to lands currently designated Residential Suburban. The addition of the street widths will not represent a significant increase in lands available for development. Development plans for the site are not known at this time. AGENCY COMMENTS AND CORRESPONDENCE No comments have been received on the proposed General Plan Amendment. CONCLUSION The General Plan Amendment does not represent a significant change in General Plan policy. The neighborhoods in which the Amendment occurs will not be significantly affected by the loss of these streets, as other options are available, and all acceptable levels of service will be maintained in this area. RECOMMENDATION Staff recommends that the Planning Commission recommend that the Mayor and Common Council' I. Adopt the Mitigated Negative Declaration and Mitigation Monitoring/Reporting Program; and 2. Approve General Plan Amendment 00-02. Respectfully Submitted, ~t:~. James Funk Director, Development Services ~u,k~ Nicole Criste Project Planner Attachments: Attachment A Attachment B Attachment C Location Map Initial Study Mitigation Monitoring/Reporting Program General Plan Amendment 00-02 Hearing Date 1/22/2003 Page 5 ATTACHMENT A CITY OF SAN BERNARDINO PROJECT: GPA 00-02 PLANNING DIVISION LOCATION MAP LAND USE DISTRICTS HEARING DATE: 1/22/03 1J NORTH ~ QeS"2'3"0 ~ Gienmare Street Portion of Piedmont Dn\ie dedicated per Document No. 82-019692 O.R 11 I artion of Piedmont On'.e dedicated on Parcel Map 0.4879 (P.M. 53/69-70) .-\ .\,. ::J.-\:- ~ " Portion of Piedmont Onlle dedicated per Document No 80-215145 OR , , ..j""'!......' . ~ ;;. iii ~ Car See 29 N. R. 3 IJ ~ ~ ~ ",cO" ~Vllr'n'O ~ ~.' -,:-;1":;' EdgemOn! Drive / ,- Areas to be vacated ~c.. 1 ~ ~ ~ in ru ~ 1 '" " ~ ,. ~ ~ a' o <( ;;: <( <: > w > <( o '" o ';:: LOMITA PlAC=: u o '" , ,\l-"- \~I:.-\ 0\ \ \ \ \ \ \ , ~<( _w O:::J 02 >-w U> >'" c c QaS-1SJ.14J ~ ~ (-\: '-.., ~ L YNWOOD DRIVE CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY ATTACHMENT "B" INITIAL STUDY FOR General Plan Amendment 00-02 PROJECT DESCRIPTION/LOCATION: General Plan Amendment to delete the following General Plan Streets from Figure 26, Circulation Plan of the City of San Bernardino General Plan: 1. Piedmont Drive: from Marshall Boulevard, northwesterly a distance of 1,160 feet, to the City limits, and the existing portion of Piedmont Drive, currently designated a Secondary ArteriaL 7 Marshall Boulevard: from the east side of Rockford Avenue, easterly a distance of 835 feet, to Victoria Avenue, currently designated a Secondary ArteriaL 3. Victoria Avenue: from 100 feet north of Piedmont Drive, a distance of 725 feet northerly, currently designated Secondary ArteriaL The applicant also requests that the City vacate previously dedicated roadway easements for Piedmont Drive, between Marshall Boulevard and Blythe Avenue (extended). DATE: December 1,2002 PREPARED BY Nicole Sauviat Criste City of San Bernardino Development Service Department 300 North "D" Street San Bernardino, CA 92418 909.384.5057 IS 1 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY The California Environmental Quality Act (CEQA) requires the preparation of an Initial Study when a proposal must obtain discretionary approval from a governmental agency and is not exempt from CEQA. The purpose of the Initial Study is to detern1ine whether or not a proposal, not exempt from CEQA, qualifies for a Negative Declaration or whether or not an Environmental Impact Report (EIR) must be prepared. Project Title: General Plan Amendment 00-02 Lead Agency Name: City of San Bernardino Address: 300 North "D" Street San Bernardino, CA 92418 Contact Person: Phone Number: Nicole Sauviat Criste (909) 384-5057 Project Location (Address/Nearest cross-streets): North of Marshall Boulevard, east of Blythe Avenue (extended), west of Victoria Avenue, and south of the City limits. Project Sponsor: Address: San Manuel Band of Mission Indians 26524 Indian Service Road, Highland, CA 92346 General Plan Designation: Not applicable Description of Project (Describe the whole action involved, including, but not limited to, later phases of the project and any secondary, support, or off-site feature necessary for its implementation. Attach additional sheets, if necessary): General Plan Amendment: The applicant requests a General Plan Amendment to delete the following General Plan Streets from Figure 26, Circulation Plan of the City of San Bernardino General Plan: 1. Piedmont Drive: from Marshall Boulevard, northwesterly a distance of 1,160 feet, to the City limits, and the existing portion of Piedmont Drive, currently designated a Secondary Arterial. 2. Marshall Boulevard: from the east side of Rockford Avenue, easterly a distance of 835 feet, to Victoria A venue. currently designated a Secondary Arterial. 3. Victoria Avenue: from 100 feet north of Piedmont Drive, a distance of 725 feet northerly, currently designated Secondary Arterial. The applicant also requests that the City vacate previously dedicated roadway easements for Piedmont Drive, between Marshall Boulevard and Blythe Avenue (extended). No development proposal is included in the project request. The lands through which Piedmont Drive cross are now Reservation lands, and are under the jurisdiction of the San Manuel Band of Mission Indians. The Tribe has indicated in the past that a number of land uses are contemplated for this area. including parking area(s) for the nearby casino, a Tribal administration building, and other facilities. IS 2 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Surrounding Land Uses and Setting: North: Tribal lands planned for a variety of governmental and non-governmental uses, City limits South: Single family residential West: Single family residential East: Existing San Manuel casino buildings. Other agencies whose approval is required (e.g., permits, finance approval, or participation agreement): Not applicable IS 3 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY ENVIRONMENT AL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages o Land Use and Planning o Population and Housing [2] Earth Resources [2] Water [2] Air Quality [2]T ran sporta t I on/Cireula ti on o Biological Resources o Energy and Mineral Resources o Hazards [2] Noise o Mandatory FindIngs of Significance o Public Services o Utilities and Service Systems [2] Aesthetics o Cultural Resources o Recreation Determination On the basis of this Initial Study, the City of San Bernardino, Environmental Review Committee finds: That tlie proposed project COULD NOT have significant effect on the environment, D and a NEGATIVE DECLARATION will be prepared. That although the proposed project could have a significant effect on the [2J environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. That the proposed project MAY have a significant effect on the environment, and an D ENVIRONMENT AL IMP ACT REPORT is required. That although the proposed project could have a significant effect on the D environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. S~~6 ~ h~(/ December I. 2002 Date Nicole Sauviat Criste Printed Name IS 4 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Potentially Potentially Significant Unless Less Than ! Significant Mitigation Significant Imoact Incomorated Impact No Impact l. LAND USE AND PLANNING. Will the proposal result in: a) A conflict with the land use as D [8J D D deSIgnated based on the review of the General Plan Land Use Plan/Zoning Districts Map') I b) Development within an Airport District D D D [8J as identified to the Air Installation Compatible Use Zone (AICUZ) Report and the Land Use Zoning District Map" c) Development within Foothill Fire D D D [8J Zones A & B, or C as identified on the I Land Use Districts Zoning Map? d) Other" D D D [8J c) The General Plan Amendment proposes to delete portions of three existing General Plan roads, all currently designated Secondary Arterials. The deletion of these roads will occur in an area already generally developed, primarily with residential land uses. The proposed vacation will facilitate the development of parking areas, tribal office buildings and other uses, which have the potential to be incompatible with the surrounding existing residential land uses, if mitigation measures are not implemented. The lack of compatibility between residential land uses and commercial or institutional ones requires separation, whether through the use of buffers or physical structures. Several of the residential lots in this area border on lands adjacent to the proposed vacations, and will be impacted when Reservation lands are developed with non-residential land uses. In order to buffer the residential land uses from the buildout of the area to be developed as a result of the street vacations, the following mitigation measures shall be implemented: I. All work for buffer walls shall be designed by Tribal representatives and shall be approved by the City Engineer/Deputy Director, prior to the recordation of the Resolution Ordering Vacation. City acknowledges receipt of those drawings attached hereto as Exhibits "B" and "C", which design drawings have been reviewed and approved by City as satisfying all design issues related to this Buffer Walls mitigation. 2. The Tribe shall submit detailed drawings for the extension of the side fence of the seven residential properties onto new buffer wall on Sand Creek between Lynwood Drive and Marshall Boulevard, prior to the recordation of the Resolution Ordering Vacation. City acknowledges receipt of those drawings attached hereto as Exhibits IS 5 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY "B" and "C", which design drawings have been reviewed and approved by City as satisfying all design issues related to the Buffer Walls mitigation as set forth herein. 3. Existing block wall and grading on neighbor's property shall remain. Tribe shall provide a single 4' wide opening for access to area between walls. City Real Property Section shall obtain proper consent from property owners in order to determine which owners desire the 4' openings and which do not. Tribe shall submit detailed plans for raising the grade east of the residence at 2735 Lomita Place, prior to the recordation of the Resolution Ordering Vacation. City acknowledges receipt of those drawings attached hereto as Exhibits "B" and "C", which design drawings have been reviewed and approved by City as satisfying all design issues related to the Buffer Walls mitigation as set forth herein. 4 Tribe shall submit a detailed drawing of the proposed extension of the wall of the five residents on Marshall Boulevard between Rockford Avenue and Sand Creek onto the new buffer wall, to include existing and proposed wall dimensions prior to the recordation of the Resolution Ordering Vacation. The existing block wall and grading on neighbor's property shall be extending to the centerline of Marshall Boulevard with a single 4' wide opening in the existing wall for each property. The 4' wide opening is to provide access to the area between the existing wall and the new buffer wall, to be constructed by the Tribe. The City of San Bernardino Development Services Department shall cause the removal of the existing curb, gutter and sidewalk on the north side of the existing wall of the properties identified as follows: Assessor's Parcel Nos. 0285-861-33, 0285-861-34, 0285-861-35, 0285-861-36 and 0285-861-37. Tribe agrees to remove street asphalt and raise grade level with earthwork to meet level of concrete surface, within 180 calendar days after completion of the vacation proceedings, prior to the recordation of the Resolution Ordering Vacation. City acknowledges receipt of those drawings attached hereto as Exhibits "B" and "C", which design drawings have been reviewed and approved by City as satisfying all design issues related to the Buffer Walls mitigation as set forth herein. 5. Tribe shall coordinate with utilities to relocate poles or underground existing facilities on Marshall Boulevard, east of Rockford Avenue, prior to the recordation of the Resolution Ordering Vacation. 6. All construction required off the Reservation site to satisfy the mitigations set forth herein shall be approved according to City standards. Tribe shall cause all plans for construction on the Reservation required to satisfy the mitigations set forth herein, to be plan checked and inspected by Wildan in accordance with tribal standards. A copy of said standards has been submitted, reviewed and approved by City. Said construction plans shall be deemed approved by City upon City's receipt of an inspection report from Wildan confirming inspection according to such approved standards were satisfactorily completed. 7. Tribe shall install watch manual signing with flagmen during construction. IS 6 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY III POPULATION AND HOUSING. Will the Potentially Potentially Significant Unless Less Than proposal: Significant Mitigation Significant i Impact Incomorated Impact No Impact I D D D [8J a) Remove existing housing (including affordable housing) as verified by a site survey/evaluation" b) Create a significant demand for D D D [8J additional housing based on the proposed use and evaluation of project size? c) Induce substantial gro\\th in an area D D D [8J either directly or indirectly (e.g., through projects In an undeveloped area or an extension of major infrastructure)'? d) Other'? D D D [8J a)-d) Neither the General Plan Amendment nor the proposed street vacations will remove existing housing, nor will they create any demand for additional housing, or induce substantial growth. The General Plan Amendment and street vacations will facilitate development which will generally be ancillary to the existing casino facility, and which will not represent an expansion of this facility. IS 7 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Ill. EARTH RESOURCES: Will the proposal Potentially Potentially Significant Unless Less Than result in: Significant Mitigation Significant Impact Incorporated Impact No Impact a) Earth movement (cut and/or fill) on D D D [8J I slopes of 15% or more based on I information contained In the I Preliminary Project Description Form ! No.D') b) Development and/or grading on a slope D D D [8J greater than 15% natural grade based on review of General Plan HMOD I map? c) Erosion, dust or unstable soil D D D [8J I conditions from excavation, grading or . fill') i I d) Development within the Alquist-Priolo D D D [8J Special Studies Zone as defined in Section 12.0, Geologic & Seismic, Figure 47, of the City's General Plan? e) Modification of any unique geologic or D D D [8J physical feature based on field review? f) Development within areas defined as D D D [8J having high potential for water or wind erosion as identified in Section 12.0, I Geologic & Seismic, Figure 53, of the City's General Plan? g) ModIficatIOn of a channel, creek or D D D l8J river based on a field review or review of USGS Topographic Map ') D D D [8J l h) Development within an area subject to I landslides, mudslides, subsidence or other SImilar hazards as identified in I Section 12.0, Geologic & Seismic, Figures 48, 51, 52 and 53 of the City's ! General Plan? . i) Development within an area subject to D D D [8J liquefaction as shown in Section 12.0, Geologic & Seismic, Figure 48, of the I City's General Plan') IS 8 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY ~) Other" D D D ~ a)-j) The proposed General Plan Amendment and street vacations will not have any impact on earth resources. Ultimately, the buildout of the Reservation lands in this area will be facilitated by the street vacations, however. The Tribe will impose Building Code regulations and standards when this development occurs, and will assure that development in this area protects the public safety. No impacts are expected associated with earth resources. IS 9 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY IV. WATER. Will the proposal result in: Potentially Potentially Significant Unless Less Than Significant Mitigation Significant Imnact Incomorated lmnact C\lo lmoact I a) Changes in absorption rates, drainage D [g] D D patterns, or the rate and amount of surface runoff due to impermeable surfaces that cannot be mitigated by Public Works Standard Requirements to contain and convey runoff to approved storm drain based on review of the proposed site plan') I b) Significant alteration in the course ar D [g] D D I flow of flood waters based on consultation with Public Works staff) , c) Discharge into surface waters or any D D D [g] alteration of surface water quality based on requirements of Public Warks to have runoff directed to approved storm drains? d) Changes in the quantity or quality of D D D [g] ground water? e) Exposure of people or property to D D D [g] flood hazards as identified m the Federal Emergency Management Agency's Flood Insurance Rate Map, 06071C7940F, and Section 16.0, Flooding, Figure 62, of the City's General Plan? I D D D [g] ! f) Other') a)-b) The proposed street vacations will facilitate the development of parking lot and administrative facilities on lands currently vacant. These structures will result in accelerated flood flows on adjacent properties which are developed primarily as residential dwelling units. Further, these flows will exit Reservation properties and enter the City's drainage system, which has the potential to negatively impact the City's storm drains. The accelerated and concentrated flood flows could impact these properties if mitigation measures are not implemented. In order to reduce the potential impacts associated with water resources to a less than significant level, the following mitigation measures shall be implemented: I. Tribe shall obtain approval from the City Engineer for the detention basin design and shall complete the construction of the detention basin prior to the recordation of the Resolution Ordering Vacation. City acknowledges receipt of (I) Hydrology and Hydraulics Report for the Tribal Government Center Surfacing Parking, dated January, 2002; (2) Sheet C-5, titled IS 10 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY GRADING, of the Surface Parking Drawings, dated January 3, 2002; and (3) Sheet C-6, titled FLOW DIVERSION DETAIL SHEET, of the Surface parking Drawings dated January 3, 2002, prepared by Berryman & Henigar, which designs have been reviewed and approved by City as satisfying this Hydrology and Water Quality mitigation. 2. Tribe shall pay the City-wide storm drain impact fee in accordance with the City fee schedule in thc amount of$53,728.57, prior to the recordation of the Resolution Ordering Vacation. IS 11 CITY OF SAN BERL"I/ARDINO DEVELOPMENT SERVICES INITIAL STUDY : Potentially V. AIR QUALITY. Will the proposal: Potentially Significant Unless Less Than Significant Mitigation Significant Imnact Incorporated Impact No Imoact a) Violate any aIr quality standard or D D D ~ contribute to an existing or projected aIr quality violation based on the I thresholds in the SCAQMD's "CEQA Air Quality Handbook"o b) Expose sensitive receptors to D D D ~ I pollutants0 i c) Alter alf movement, moisture, or D D D ~ I temperature, or cause any change In climate" d) Create objectIOnable odors based on D D D ~ information contained In the Preliminary Environmental Description Form" a)-d) The proposed General Plan Amendment and street vacations will have no impact on air quality in the region. Local impacts may be improved, insofar as the number of trips going through this area may ultimately be reduced because of the limitation of access. The ultimate buildout of the lands associated with the street vacations is not expected to impact air quality, insofar as the parking area is planned for existing facilities which are underserved, and not for an expansion of services. IS 12 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY , Potentially i VI. TRANSPORT A TION/CIRCULA TION. Potentially Significant Unless Less Than i Could the proposal result in: Significant Mitigation Significant ! Impact Incomorated Imoac! No Impact i 0 0 0 [;8J a) A signIficant Increase m traffic volumes on the roadways or mtersections or an Increase that IS signIficantly greater than the land use deSIgnated on the General Plan? bi Alteration of present patterns of 0 [;8J 0 0 I CIrculation? c) A disjomted pattern of roadway 0 [;8J 0 0 improvements? d) Impact to rail or air traffic? 0 0 0 [;8J e) Insufficient parking capacity on-site or 0 0 0 [;8J off-site based on the requirements in Chapter 19.24 of the Development I Code? f) Increased safety hazards to vehicles, 0 [;8J 0 0 bicyclists or pedestrians'! g) Connict with adopted policies 0 0 0 [;8J , supporting alternative transportation? h) Inadequate emergency access or access 0 [;8J 0 0 to nearby uses') i) Other" 0 0 0 [;8J b) The proposed General Plan Amendment and street vacations will eliminate portions of three secondary arterials from the City's Circulation Plan. The streets involved in the proposal are not major roadways, and a number of alternatives are available to the drivers in the area. Further, the proposed streets affect a property which has recently been added to the San Manuel Reservation, and which is proposed for integrated development. The proposal will, however, impact other existing streets by adding traffic which would otherwise have used Piedmont or Marshall. Of particular concern when trips are increased is the safety of intersections. Traffic impact analyses were completed for the proposed General Plan Amendment and street vacations 1 The analyses demonstrated that roadways in the project area will , Letter report dated October 17,2001, from Wildan, signed Weston S. Pringle. IS 13 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY continue to operate at acceptable levels of service, but that some intersection improvements will be required, particularly on Lynwood Drive. In order to mitigate the potential impacts to surrounding streets, the following mitigation measures shall be implemented: I. Tribe shall contribute to the City, an estimated $60,000 or an amount equal to 50% of the cost for the traffic signal at Lynwood Drive and Victoria A venue. The total cost for the traffic signal was estimated at $120,000, which was determined by the City Engineer and shall be paid prior to the recordation of the Resolution Ordering Vacation. Receipt of said amount shall satisfy this Transportation/Traffic mitigation. City shall design and construct traffic signal. 2. Tribe shall install a stop sign at the southbound access road at Lynwood Drive, prior to the recordation of the Resolution Ordering Vacation. 3. Tribe shall pay a Traffic Systems Fee of $30,099.42 in accordance with City standards, prior to the recordation of the Resolution Ordering Vacation. With the implementation of these mitigation measures, the impacts associated with the alteration of present transportation patterns are expected to be less than significant. c) The proposed General Plan Amendment and street vacations have the potential to create a disjointed pattern of roadway improvements, particularly at points where public streets will end. The analysis identified that striping on Highland Avenue and Victoria was necessary to provide safe operation of the intersection. The following mitigation measure shall therefore be implemented: J. Tribe shall contribute 100% of the estimated actual cost to the City to re-stripe existing striping on Highland Avenue at Victoria Avenue, prior to the recordation of the Resolution Ordering Vacation. The cost has been estimated at $5,000, which the Tribe shall pay to the City prior to the recordation of the Resolution Ordering Vacation. Receipt of this amount shall satisfy this Transportation/Traffic mitigation. All work pertaining to the re-striping shall be performed by the City. f) The proposed General Plan Amendment and street vacations will result in the termination of Marshall Drive. If not properly designed, the end of this roadway could have a negative impact on traffic safety in the area. In order to ensure that the end of Marshall Drive is safe for vehicular traffic, the following mitigation measure will be implemented: I. Tribe shall submit a detailed drawing for proposed knuckle on Marshall Boulevard, prior to the recordation of the Resolution Ordering Vacation. City acknowledges receipt of those civil engineering plans prepared by Berryman & Henigar, dated April 3, 2002, which design has been reviewed and approved by City as satisfying this Turnaround mitigation. Letter report dated May 1,2002. from Wildan, signed Weston S. Pringle. IS 14 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY h) The proposed General Plan Amendment and street vacations have a potential to limit emergency access to the area surrounding the vacated streets. Of particular concern are the driveways on the west side of Victoria Avenue, which are required for emergency turnaround, as well as secondary access to the parking lot proposed by the Tribe on Reservation lands. Should an emergency vehicle access Victoria north of Marshall, and the driveways not be available, the emergency vehicle could not turn around in that area of the City. As regards the parking lot access, although restricted access is desirable for security, the fire department could be unable to access the parking lot from the main entrance in an emergency, and would have no other means of entering the area, should there be an accident at the main entrance, for example. In order to mitigate the potential impacts associated with emergency access after vacation of the roadways, the following mitigation measures shall be implemented. 1. Tribe and City shall enter into an agreement prior to the recordation of the Resolution Ordering Vacation, a copy of which is attached hereto as Exhibit "A", for the maintenance of the driveways on the west side of Victoria Avenue for use as an emergency vehicle turnaround. 2. Tribe agrees to maintain the gate located at the south side of the parking lot on Marshall Boulevard and Rockford A venue, for secondary emergency access. IS 15 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY IVII BIOLOGICAL RESOURCES. Could the Potentially Potentially Significant Unless Less Than proposal result in: Significant Mitigation Significant Impact Incorporated Impact No Impact a) Development within the Biological 0 0 0 [8J Resources Management Overlay, as I ldentified m Section 10.0, Natural I Resources, Figure 41. of the City's General Plan') I 0 0 0 [8J b) Impacts to endangered, threatened or rare species or their habitat (including, but not limited to, plants, mammals, fish, insects and birds)? c) Impacts to the wildlife dispersal or 0 0 0 [8J migration corridors') I d) Impacts to wetland habitat (e.g., marsh, 0 0 0 [8J I I riparian and vernal pool)? c) Removal of viable, mature trees based 0 0 0 [8J on information contained 10 the Preliminary Environmental Description Form and veri fied by site survey/evaluation (6" or greater trunk diameter at 4' above the ground)') l- I f) Other" 0 0 0 [8J IS 16 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY I VIII. ENERGY AND MINERAL Potentially Potentially Significant Unless Less Than I RESOURCES. Would the proposal: Significant Mitigation Significant ! Impact Incomorated Impact No Imoact , t a) Contlict with adopted energy 0 I 0 0 k8J t conservation plans? r b) Use non-renewable resources In a 0 0 0 k8J wasteful and inefficient manner" -. c) Result in the loss of availability of a 0 0 0 k8J known mineral resource that would be of future value to the region and the I residents of the State" IS 17 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY I IX. HAZARDS W 111 the proposal: Potentially Potentially Significant Unless Less Than ! Significant Mitigation Significant Imnact Incorporated lmoact No Imoact a) Use. store, transport or dispose of I 0 0 0 ~ hazardous or toxic materials based on lllformation contained m the Preliminary Environmental Description Form No. G(l) and G(2) (including, but not limited to, oil, pesticides, chemicals or radiation)" b) Involve the release of hazardous 0 0 0 ~ substances" I c) Ex pose people to the potential 0 0 0 ~ health/safety hazards') d) Other') 0 0 0 ~ IS 18 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY I X - NOISE. Could the proposal result in: I Potentially Potentially Significant Unless Less Than I ! Significant Mitigation Significant I Imnaet Incorporated lmnact No Imnact a) Development of housing, health care D D D ~ facilities, schools, libraries, religious facilities or other noise sensitIve uses I in areas where existing or future nOIse I levels exceed an Ldn of 65 dB(A) exterior and an Ldn of 45 dB(A) mterior as identified in Section 14.0, Noise, Figures 57 and 58, of the City's General Plan') , b) Development of new or expansion of D ~ D D existing industrial, commercial or other uses which generate noise levels above an Ldn of 65 dB (A) exterior or an Ldn of 45 dB(A) interior that may affect areas containing housing, schools, health care facilities or other sensitive uses based on information m the Preliminary Environmental Description Form No. G(l) and evaluation of I surrounding land uses No. C, and verified by site survey/evaluation? cJ Other" D D D ~ b) The proposed General Plan Amendment and street vacations will not, in and of themselves, have any impact on the noise environment in the area. The buildout of the area, on Reservation land, will be facilitated by these street vacations, however, and could have an impact on the noise environment of the residential units already existing in the area. Residential land uses are sensitive noise receptors in the City's General Plan and Development Code. The quasi-commercial land uses proposed for the Tribal property could generate unacceptable noise levels without mitigation. In order to assure that the sensitive receptors in the area are not negatively impacted by the buildout of the area of the proposed project, the following mitigation measures shall be implemented: 1. Tribe shall submit a noise study of the residential perimeter of the parking lot prior to the recordation of the Resolution Ordering Vacation and shall meet City standards. City acknowledges receipt of that report entitled "Environmental Noise Study For the Interim Use of The San Manuel Governmental Center Site As A Temporary Parking Lot", prepared by Wieland Associates, Inc., dated October 17, 200 I, the conclusions and recommendations of which have been reviewed and deemed approved by the City as satisfying this Noise mitigation. IS 19 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY 2. Tribe shall constmct a concrete block wall (6' minimum height) to be installed in the landscaped area of the buffer zone along Marshall Boulevard. The block wall shall be completed within 180 calendar days after approval by the Mayor and Council of the vacation proceedings and prior to the recordation of the Resolution Ordering Vacation. City acknowledges receipt of Overall Site Plan dated March 8, 2002, and amended Site Plan dated July 24,2002, and Elevation, Section, Color and Material of Buffer Wall at Marshall Avenue, each dated March 8, 2002, as prepared by Jallali Architectural Group, which designs have been reviewed and approved by City as satisfying this Noise mitigation. 3. Tribe shall obtain a Temporary Encroachment Permit prior to the recordation of the Resolution Ordering Vacation, in order to remove asphalt in buffer zone between new wall and residents and shall also secure all necessary permits required by the Public Works Division. 4. All construction required off the Reservation site to satisfy the mitigations set forth herein shall be approved according to City standards. Tribe shall cause all plans for constmction on the Reservation required to satisfy the mitigations set forth herein, to be plan checked and inspected by Wildan in accordance with tribal standards. A copy of said standards has been submitted, reviewed and approved by City. Said construction plans shall be deemed approved by City upon City's receipt of an inspection report from Wildan confirming inspection according to such approved standards were satisfactorily completed. 5. Tribe shall install watch manual signing with flagmen during constmction. IS 20 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY , Would the proposal Potentially i Xl. PUBLIC SERVICES. Potentially Significant Unless Less Than have an effect upon, or result in a need for Significant Mitigation Significant new or altered government services in any Impact Incorporated Impact No Impact of the following areas: a) Fire protection? 0 0 0 [:8:J b) Medical aid" 0 0 0 [:8:J e-- I c) Police protectIOn" 0 0 0 [:8:J i d) Schools? 0 0 0 [:8:J e) Parks or other recreational facilities') 0 0 0 [:8:J I f) Solid waste disposal? 0 0 0 [:8:J g) Maintenance of public facilities, 0 0 0 [:8:J : including roads" i h) Other governmental services? 0 0 0 [:8:J IS 21 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY XII. UTILITIES. WIll the proposal, based on Potentially Potentially Significant Unless Less Than the responses of the responsible Agencies, Significant Mitigation Significant Departments, or Utility Company, impact Impact Incorporated Impact No Impact the following beyond the capability to provide adequate levels of service or require the construction of new facilities') I a) Natural gas? D D D [g] , b) Electricity? D D D [g] c) Communications systems? D D D [g] d) Water distribution? D [g] D D I e) Water treatment or sewer? D D D [g] ~ I f) Storm water drainage? D D D [g] I g) Result in a disjointed pattern of utility D D D [g] extensions hased on review of existing patterns and proposed extensions? h) Other') D D D [g] d) The proposed General Plan Amendment and street vacations will not, in and ofthemsclves, have any impact on public utilities. The buildout of the area, however, has the potential to impact the San Bernardino Valley Municipal Water District, which has easements in the area of the proposed street vacations. This could represent a potentially significant impact to the District relating to its ability to deliver service in the area of the proposed project. In order to mitigate these potential impacts, the following mitigation measures shall be implemented: 1. Tribe shall obtain a letter from San Bernardino Valley Municipal Water District regarding any conflict or easement reservation for the vacation of Piedmont Drive and submit such to the City, prior to the recordation of the Resolution Ordering Vacation. 2. Tribe has acknowledged an easement to San Bernardino Valley Municipal Water District across Tribal property. 3. Tribe and City have acknowledged an easement to East Valley Municipal Water District across seven residential properties adjacent to Lynwood Drive is not on Tribal property. IS 22 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY XIII. AESTHETICS. Potentially Potentially Significant Unless Less Than Significant Mitigation Significant Impact Incomorated Imoact No [moact a) Could the proposal result in the obstruction 0 0 0 [8:J of any significant or important scenic view based on evaluation of the VIew shed ! verified by site survey/evaluattOn') i , b) Will the visual impact of the proJcct create 0 0 0 [8:J 1 aesthetically offensive changes m the cxisting visual setting based on a site survey and evaluation of the proposed elevations" c) Create significant light or glare that could 0 [8:J 0 0 I impact sensitive receptors') , I ! d) Other') 0 0 0 [8:J c) The proposed General Plan Amendment and street vacations will not, in and of themselves, have an impact on lighting in the project area. Buildout of the lands now on the Reservation, however, could impact the surrounding residences, particularly since commercial and quasi-institutional uses are proposed by the Tribe. The City has Development Code standards in place which ensure that lighting does not impact adjacent properties. In order to ensure that the sensitive residential receptors located adjacent to buildout of the project area are not impacted by project lighting, the following mitigation measure shall be implemented: I. Tribe shall submit a photometric study, approved by the City Engineer, prior to the recordation of the final resolution ordering the vacation. All light fixtures along the residential area of the buffer zone on the west side of the parking lot shall be set at 20' maximum height. These light fixtures shall have directional shields to direct light away from the area residents and shall be set at a 50' minimum setback from the perimeter of the parking lot. The candlefeet of light at property boundaries shall be set at a maximum of 0.6 c.f. City acknowledges receipt of a photometric study prepared by Jallali Architectural Group dated November 5, 2001, the conclusions and recommendations of which have been reviewed and approved by City as satisfying this Lighting mitigation. IS 23 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY XIV. CULTURAL RESOURCES. Could the Potentially Potentially Significant Unless Less Than proposal result 10: Significant Mitigation Significant Impact Incomorated Impact No Imnac! i a) Development in a sensitive 0 0 0 IZl ! archaeological area as identified in I Section 3.0, Historical, Figure 8, of the ; City's General Plan? b) The alteration or destruction of a 0 0 0 IZl prehistoric or historic archaeological site by development within an archaeological sensitive area as identified In Section 3.0, Historical, Figure 8, of the City's General Plan? c) Alteration or destruction of a historical 0 0 0 IZl site, structure or object as listed in the City's Historic Resources Reconnaissance Survey? d) Other? 0 0 0 IZl IS 24 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY I XV. RECREATION. Would the proposal: Potentially , Potentially Significant Unless Less Than i , Significant Mitigation Significant ! Imoact lncomorated Imoact No Imnact a) Increase the demand for neighborhood D D D [Z] or regional parks or other recreational facilities') b) Affect existing recreational D D D [Z] opportunities" IS 25 CITY OF SAN BERJ"IARDINO DEVELOPMENT SERVICES INITIAL STUDY I XVI. MANDATORY FINDINGS OF Potentially Potentially Significant Unless Less Than SIGNIFICANCE Significant Mitigation Significant Impact Incornorated Imoact No Imoact a) Does the project have the potential to 0 0 0 [8] degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or ammal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to 0 0 0 [8] achieve short-term, to the disadvantage of long-term, environmental goals') c) Does the project have impacts that are 0 0 0 [8] 1I1dividually limited, but cumulatively i considerable') ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) d) Does the project have environmental 0 [8] 0 0 effects which will cause substantial adverse effects on human beings, either directly or I 1I1dlrectly'l : REFERENCES. The following references cited in the Initial Study are on file in the Development Services Department. 1. City of San Bernardino General Plan. 2. City of San Bernardino Development Code (Title 19 of the San Bernardino Municipal Code). 3. City of San Bernardino Historic Resources Reconnaissance Survey. 4. Alquist-Priolo Earthquake Fault Zones Map. 5. South Coast Air Quality Management District, CEQA Air Quality Handbook. 6. Federal Emergency Management Agency, Flood Insurance Rate Maps. 7. Public Works Standard Requirements-water. 8. Public Works Standard Requirements-grading. 9. "Soil Survey of San Bernardino County," prepared by the U.S. Geological Survey. 10. Traffic Analysis letter reports, dated October 17,2001 and May 1,2002, prepared by Wildan. IS 26 ATTACHMENT "C" GENERAL PLAN AMENDMENT 00-02 I\UTlGA T10N MONITORING/REPORTING PROGRAM This Mitigation Monitoring and Reporting Program has been prepared to implement the mitigation measures outlined in the Environmental Assessment for General Plan Amendment No. 00-02. This program has been prepared in compliance with the California Environmental Quality Act (CEQA) and the State and City of San Bernardino CEQA Guidelines. CEQA Section 21081.6 requires adoption of a monitoring and/or reporting program for those measures or conditions imposed on a project to mitigate or avoid adverse effects on the environment. The law states that the monitoring or reporting program shall be designed to ensure compliance during project implementation. The Mitigation Monitoring and Reporting Program contains the following elements: I. The mitigation measures are recorded with the action and procedure necessary to ensure compliance. The program lists the mitigation measures contained within the Initial Study. 2. A procedure for compliance and verification has been outlined for each mandatory mitigation action. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported. 3. The program contains a separate Mitigation Monitoring and Compliance Record for each action. On each 0 f these record sheets, the pertinent actions and dates will be logged, and copies of permits, correspondence or other data relevant will be retained by the City of San Bernardino. 4. The program is designed to be flexible. As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program. If changes are made, new monitoring compliance procedures and records will be developed and incorporated into the program. The individual measures and accompanying monitoring/reporting actions follow. MITIGATION MEASURES Land Use I. All work for buffer walls shall be designed by Tribal representatives and shall be approved by the City EngineerlDeputy Director, prior to the recordation of the Resolution Ordering Vacation. City acknowledges receipt of those drawings attached hereto as Exhibits "B" and "C", which design drawings have been reviewed and approved by City as satisfying all design issues related to this Buffer Walls mitigation. 2. The Tribe shall submit detailed drawings for the extension of the side fence of the seven residential properties onto new buffer wall on Sand Creek between Lynwood Drive and Marshall Boulevard, prior to the recordation of the Resolution Ordering Vacation. City acknowledges receipt of those drawings attached hereto as Exhibits "B" and "C", which design drawings have been reviewed and approved by City as satisfying all design issues related to the Buffer Walls mitigation as set forth herein. 3. Existing block wall and grading on neighbor's property shall remain. Tribe shall provide a single 4' wide opening for access to area between walls. City Real Property Section shall obtain proper consent from property owners in order to determine which owners desire the 4' openings and which do not. Tribe shall submit detailed plans for raising the grade east of the residence at 2735 Lomita Place, prior to the recordation of the Resolution Ordering Vacation. City acknowledges receipt of those drawings attached hereto as Exhibits "B" and "C", which design drawings have been reviewed and approved by City as satisfying all design issues related to the Buffer Walls mitigation as set forth herein. 4. Tribe shall submit a detailed drawing of the proposed extension of the wall of the five residents on Marshall Boulevard between Rockford Avenue and Sand Creek onto the new buffer wall, to include existing and proposed wall dimensions prior to the recordation of the Resolution Ordering Vacation. The existing block wall and grading on neighbor's property shall be extending to the centerline of Marshall Boulevard with a single 4' wide opening in the existing wall for each property. The 4' wide opening is to provide access to the area between the existing wall and the new buffer wall, to be constructed by the Tribe. The City of San Bernardino Development Services Department shall cause the removal of the existing curb, gutter and sidewalk on the north side of the existing wall of the properties identified as follows: Assessor's Parcel Nos. 0285-861-33, 0285-861-34, 0285-861-35, 0285-861-36 and 0285-861-37. Tribe agrees to remove street asphalt and raise grade level with earthwork to meet level of concrete surface, within 180 calendar days after completion of the vacation proceedings, prior to the recordation of the Resolution Ordering Vacation. City acknowledges receipt of those drawings attached hereto as Exhibits "B" and "C", which design drawings have been reviewed and approved by City as satisfying all design issues related to the Buffer Walls mitigation as set forth herein. 2 IMPLEMENTATION AND VERIFICATION Public Works Division shall review all plans prepared by Tribe and shall approve prior to issuance of any building permit. COMPLIANCE RECORD Plans shall be on file in the Public Works Division. WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: 5 Tribe shall coordinate with utilities to relocate poles or underground existing facilities on Marshall Boulevard, east of Rockford Avenue, prior to the recordation of the Resolution Ordering Vacation. IMPLEMENTATION AND VERIFICATION Tribe shall provide written verification of utility approvals prior to recordation of Resolution Ordering Vacation. COMPLIANCE RECORD Written verification from utilities shall be on file in the Public Works Division. WRITTEN VERIFICATION PREPARED BY: DA TE PREPARED: 6. All construction required off the Reservation site to satisfy the mitigations set forth herein shall be approved according to City standards. Tribe shall cause all plans for construction on the Reservation required to satisfy the mitigations set forth herein, to be plan checked and inspected by Wildan in accordance with tribal standards. A copy of said standards has been submitted, reviewed and approved by City. Said construction plans shall be deemed approved by City upon City's receipt of an inspection report from Wildan confirming inspection according to such approved standards were satisfactorily completed. IMPLEMENTATION AND VERIFICATION Tribe shall supply City with building standards and all Wildan reports. 3 COMPLIANCE RECORD All reports and standards shall be on file in the Public Works Division. WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: 7. Tribe shall install watch manual signing with flagmen during construction. IMPLEMENTATION AND VERIFICATION Public Works Division shall periodically conduct on-site inspections during construction. COMPLIANCE RECORD Inspection logs shall be on file in the Public Works Division. WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: 4 Water 1. Tribe shall obtain approval from the City Engineer for the detention basin design and shall complete the construction of the detention basin prior to the recordation of the Resolution Ordering Vacation. City acknowledges receipt of (I) Hydrology and Hydraulics Report for the Tribal Government Center Surfacing Parking, dated January, 2002; (2) Sheet C-5, titled GRADING, of the Surface Parking Drawings, dated January 3, 2002; and (3) Sheet C-6, titled FLOW DIVERSION DETAIL SHEET, of the Surface parking Drawings dated January 3, 2002, prepared by Berryman & Henigar, which designs have been reviewed and approved by City as satisfying this Hydrology and Water Quality mitigation. IMPLEMENTATION AND VERIFICATION City Engineer shall review and approve detention basin design. Public Works Division shall periodically inspect construction of detention basin, and shall report on completion of work to City Engineer. COMPLIANCE RECORD Plan and inspection records shall be on file in the Public Works Division. WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: 2. Tribe shall pay the City-wide storm drain impact fee in accordance with the City fee schedule in the amount of$53,728.57, prior to the recordation of the Resolution Ordering Vacation. IMPLEMENTATION AND VERIFICATION City shall record payment prior to recordation of Resolution Ordering Vacation. COMPLIANCE RECORD Copies of payments to be on file in the City Engineer's office. WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: 5 Trans portation/Circu lation I. Tribe shall contribute to the City, an estimated $60,000 or an amount equal to 50% of the cost for the traffic signal at Lynwood Drive and Victoria Avenue. The total cost for the traffic signal was estimated at $120,000, which was determined by the City Engineer and shall be paid prior to the recordation of the Resolution Ordering Vacation. Receipt of said amount shall satisfy this Transportation/Traffic mitigation. City shall design and construct traffic signal. 2 Tribe shall pay a Traffic Systems Fee of $30,099.42 in accordance with City standards, prior to the recordation of the Resolution Ordering Vacation. 3. Tribe shall contribute 100% of the estimated actual cost to the City to re-stripe existing striping on Highland Avenue at Victoria Avenue, prior to the recordation of the Resolution Ordering Vacation. The cost has been estimated at $5,000, which the Tribe shall pay to the City prior to the recordation of the Resolution Ordering Vacation. Receipt of this amount shall satisfy this Transportation/Traffic mitigation. All work pertaining to the re-striping shall be performed by the City. IMPLEMENTATION AND VERIFICATION Fee payments shall be recorded by City prior to recordation of Resolution Ordering Vacation. COMPLIANCE RECORD Record of payments to be maintained in city Engineer's office. WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: 3. Tribe shall install a stop sign at the southbound access road at Lynwood Drive, prior to the recordation of the Resolution Ordering Vacation. IMPLEMENTATION AND VERIFICATION Public Works Division shall inspect installation of stop sign prior to recordation of Resolution Ordering Vacation. COMPLIANCE RECORD Inspection records to be on file in Public Works Division. WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: 6 -+ Tribe shall submit a detailed drawing for proposed knuckle on Marshall Boulevard, prior to the recordation of the Resolution Ordering Vacation. City acknowledges receipt of those civil engineering plans prepared by Berryman & Henigar, dated April 3. 2002, which design has been reviewed and approved by City as satisfying this Turnaround mitigation. IMPLEMENTATION AND VERIFICATION Public Works shall review and approve knuckle design. COMPLIANCE RECORD Plans to be on file in Public Works Division. WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: April 3, 2002 5. Tribe and City shall enter into an agreement prior to the recordation of the Resolution Ordering Vacation, a copy of which is attached hereto as Exhibit "A", for the maintenance of the driveways on the west side of Victoria Avenue for use as an emergency vehicle turnaround. IMPLEMENTATION AND VERIFICATION Signed agreement. COMPLIANCE RECORD Agreement to be on file in City Clerk's office. WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: 6. Tribe agrees to maintain the gate located at the south side of the parking lot on Marshall Boulevard and Rockford A venue, for secondary emergency access. IMPLEMENTATION AND VERIFICATION Fire Department shall periodically inspect gate to assure safe operation. COMPLIANCE RECORD Inspection records to be on file at Fire Department. 7 WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: 8 Noise I. Tribe shall submit a noise study of the residential perimeter of the parking lot prior to thc recordation of the Resolution Ordering Vacation and shall meet City standards. City acknowledges receipt of that report entitled "Environmental Noise Study For the Interim Use of The San Manuel Governmental Center Site As A Temporary Parking Lot", prepared by Wieland Associates, Inc., dated October 17,2001, the conclusions and recommendations of which have been reviewed and deemed approved by the City as satisfying this Noise mitigation. IMPLEMENTATION AND VERIFICATION Planning and Public Works Divisions shall review report prior to recordation of Resolution Ordering Vacation. COMPLIANCE RECORD Copies ofreport to be on file in the Public Works Division. WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: October 17,2001 2. Tribe shall construct a concrete block wall (6' minimum height) to be installed in the landscaped area of the buffer zone along Marshall Boulevard. The block wall shall be completed within 180 calendar days after approval by the Mayor and Council of the vacation proceedings and prior to the recordation of the Resolution Ordering Vacation. City acknowledges receipt of Overall Site Plan dated March 8, 2002, and amended Site Plan dated July 24, 2002, and Elevation, Section, Color and Material of Buffer Wall at Marshall Avenue, each dated March 8, 2002, as prepared by Jallali Architectural Group, which designs have been reviewed and approved by City as satisfying this Noise mitigation. 3. Tribe shall obtain a Temporary Encroachment Permit prior to the recordation of the Resolution Ordering Vacation, in order to remove asphalt in buffer zone between new wall and residents and shall also secure all necessary permits required by the Public Works Division. 4. All construction required off the Reservation site to satisfy the mitigations set forth herein shall be approved according to City standards. Tribe shall cause all plans for construction on the Reservation required to satisfy the mitigations set forth herein, to be plan checked and inspected by Wildan in accordance with tribal standards. A copy of said standards has been submitted, reviewed and approved by City. Said constmction plans shall be deemed approved by City upon City's receipt of an inspection report from Wildan confirming inspection according to such approved standards were satisfactorily completed. 5. Tribe shall install watch manual signing with flagmen during construction. 9 IMPLEMENTATION AND VERIFICATION Public Works shall inspect construction activities as they occur. COMPLIANCE RECORD Copies of inspection records to be on file in the Public Works Division. WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: 10 Utilities 1. Tribe shall obtain a letter from San Bernardino Valley Municipal Water District regarding any conflict or easement reservation for the vacation of Piedmont Drive and submit such to the City, prior to the recordation of the Resolution Ordering Vacation. 2. Tribe has acknowledged an easement to San Bernardino Valley Municipal Water District across Tribal property. 3. Tribe and City have acknowledged an easement to East Valley Municipal Water District across seven residential properties adjacent to Lynwood Drive is not on Tribal property. IMPLEMENTATION AND VERIFICATION Tribe shall supply written documentation to City prior to recordation of Resolution Ordering Vacation. COMPLIANCE RECORD Copies of documentation to be on file in the Public Works Division. WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: 11 Aesthetics I. Tribe shall submit a photometric study, approved by the City Engineer, prior to the recordation of the final resolution ordering the vacation. All light fixtures along the residential area of the buffer zone on the west side of the parking lot shall be set at 20' maximum height. These light fixtures shall have directional shields to direct light away from the area residents and shall be set at a 50' minimum setback from the perimeter of the parking lot. The candlefeet oflight at property boundaries shall be set at a maximum of 0.6 c.f. City acknowledges receipt of a photometric study prepared by Jallali Architectural Group dated November 5, 2001, the conclusions and recommendations of which have been reviewed and approved by City as satisfying this Lighting mitigation. IMPLEMENTATION AND VERIFICATION Public Works Division shall review and approve photometric study. COMPLIANCE RECORD Copies of photometric study to be on file in the Public Works Division. WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: November 5,2001 12 EXHIBIT 5 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT INTEROFFICE MEMORANDUM To: Planning Commission From: I/L;~aymond Casey, Deputy Director/City Engineer Subject: Response to Request for Report on Drainage Issues Related to the Proposed Piedmont Drive Vacation Date: February 4, 2003 Copies: Fred Wilson, City Administrator; James Funk, Director of Development Services; Henry Empcno, Sr. Deputy City Attorney; Valerie Ross, City Planner This memorandum is in response to a request referred to my office by Mr. James Funk, Development Services Director, pursuant to the action taken by the Planning Commission on the Piedmont Drive Vacation at your normally scheduled meeting of January 22, 2003. Specifically, I was asked to re-review the drainage studylissues related to the parking lot improvements associated with the Piedmont Drive Vacation. The referenced drainage study was prepared by Berryman Hennigar and submitted to the Public Works Division for review and approval, consistent with the established requirements ofthis project. The drainage study evaluated pre-development and post-development conditions and site nmoff for the 100-year design storn1. It also analyzed the conceptual retention design required of the project by Public Works staff. The re-review of the study demonstrated to my satisfaction and the satisfaction of my staff that the volume of 100-year design outflow runoff in the post- development condition is not increased over the pre-development condition. In addition, the study evaluated the ability ot the adjacent street section to accept the 100-year design flow consistent with City policies and guidelines. I also re-reviewed that element of the study and it demonstrated to our satisfaction the ability of the street section to accept the design flow. The project is also required to submit the final engineering drawings and subsequent implementation plan for the retention basin and outflow itself, prior to the actual recordation of the vacation. I will be in contact with the San Manuel representatives to discuss the specific retention basin and outflow design, and we have every reason to believe they will be cooperative in addressing any specific concerns raised by the City. Memo to Planning Commission Re: Proposed Piedmont Drive Vacation Page: 2 of 2 Thank you for your interest in these very important safety issues for the Community. If you have any additional questions, I will be attending the Planning Commission this evening and will be available before or at the meeting. RAC:op Distribution: Carol Thrasj:her, Chair Stan Welch, Vice Chairman Alfredo Enciso John Coute MIchael Vasquez Evelyn Lockett Mike Sauerbrun Kenneth Durr Jim Morris \\CASTORIDS\Public WorkslRay's Folder\MemoslMemo to Plan Comm re-Piedmont 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 , RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 00-02 TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO, TO DELETE PORTIONS OF PIEDMOl'.'T DRIVE, MARSHALL BOULEVARD, AND VICTORIA AVENUE FROM THE GENERAL PLAN CIRCULATION ELEMENT. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Recitals (a) WHEREAS, the General Plan for the City of San Bernardino was adopted by the Mayor and Common Council by Resolution No. 89-159 on June 2, 1989. (b) WHEREAS, General Plan Amendment No. 00-02 to the General Plan of the City of San Bernardino was considered by the Planning Commission on January 22, 2003, after a noticed public hearing, and the Planning Commission's recommendation of approval has been considered by the Mayor and Common Council. (c) WHEREAS, General Plan Amendment No. 00-02 was reviewed under the California Environmental Quality Act (CEQA) and a Mitigated Negative Declaration was considered by the Mayor and Common Council. (d) WHEREAS, the Mitigated Negative Declaration has been reviewed by the Planning Commission and the Mayor and Common Council in compliance with the California Environmental Quality Act (CEQA) and local regulations. (e) WHEREAS, the Planning Commission conducted a noticed public hearing on January 22, 2003, in order to receive public testimony and written and oral comments on General Plan Amendment No. 00-02 (a proposal to delete portions of Piedmont Drive, Marshall Boulevard and Victoria A venue, all designated Secondary Arterials, from the General Plan Circulation Element, as illustrated in Exhibit A, attached hereto) and fully 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 reviewed and considered the Planning Division staff report and the recommendation of the Environmental Review Committee. (I) WHEREAS, the Mayor and Common Council held a noticed public hearing and fully reviewed and considered proposed General Plan Amendment No. 00-02 and the Planning Commission and Environmental Review Committee recommendations and Planning Division Staff Report on February 18, 2,003. (g) WHEREAS, the adoption of General Plan Amendment No. 00-02 is deemed in the interest of the orderly development of the City and is consistent with the goals" objectives and policies of the existing General Plan. SECTION 2. Mitil!ated Nel!ative Declaration NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED by the Mayor and Common Council that the proposed amendment to the General Plan of the City of San Bernardino could have an impact on the environment, but that there will be no impact which cannot be mitigated, and the Mitigated Negative Declaration heretofore prepared by the Environmental Review Committee as to the effect of this proposed amendment is hereby ratified, affirmed and adopted. SECTION 3. Findinl!s BE IT FURTHER RESOLVED by the Mayor and Common Council of the City of San Bernardino that: A. The proposed amendment is internally consistent with the General Plan in that it meets General Plan Land Use Goal IA and Circulation Goal 6A, providing for the continuation of development and an integrated and efficient transportation system. 2 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 B. c. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that other roadways are available and have capacity to carry the trips which might otherwise use Piedmont Drive, Marshall Boulevard and Victoria Avenue. The proposed amendment would not impact the balance of land uses within the City in that it applies only to the Circulation Element. SECTION 4. Amendment BE IT FURTHER RESOLVED by the Mayor and Common Council that: The Circulation Element of the General Plan of the City of San Bernardino IS amended by deleting portions of Piedmont Drive, Marshall Boulevard and Victoria A venue, all designated Secondary Arterials, as shown in Exhibit A attached hereto. This amendment is designated as General Plan Amendment No. 00-02 and further described in Exhibit A, a copy of which is attached and incorporated herein by A reference. B. General Plan Amendment No. 00-02 shall become effective immediately upon adoption of this resolution. SECTION 5. Map Notation This resolution and the amendment affected by it shall be noted on such appropriate General Plan maps previously adopted and approved by the Mayor and Common Council and which are on file in the office of the City Clerk. SECTION 6 Notice of Determination The Planning Division is hereby directed to file a Notice of Determination with the County Clerk of the County of San Bernardino certifying the City's compliance 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 with California Environmental Quality Act in preparing the Mitigated Negative Declaration. III III III 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 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 00-02 TO THE GEJIo'ERAL PLAN OF THE CITY OF SAN BERNARDINO, TO DELETE PORTIONS OF PIEDMONT DRIVE, MARSHALL BOULEVARD, AND VICTORIA A VENUE FROM THE GENERAL PLAN CIRCULATION ELEMENT. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 2003, by the following vote, to wit: Council Members AYES NAYS ABST AIN ABSENT ESTRADA LONGYILLE MCGINNIS DERRY SUAREZ ANDERSON MC CAMMACK City Clerk The foregoing resolution is hereby approved this day of ,2003. JUDITH Y ALLES, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN City Attorney -~ 5 PLAN NO.10122A Areas of vacation shown thus: ~ PROPOSED VACATION OF A PORTION OF PIEDMONT DRIVE, NORTH OF MARSHALL z/63 BOULEVARD; PORTION OF MARSHALL BOULEVARD, EAST OF BLYTHE STREET; AND Date: 2 I PORTION OF VICTORIA AVENUE, NORTH OF Date: .')..- I';' C 3 PiEDMONT DRIVE. xhibit "A" -- City Limits :~ 615-121-29 (,..,..Und Lend) QS5-121-JO::::> (~"/lndl.ndJ Portion of Piedmont Ori\l8 dedicated per Document No. 82-019692 OR Glenmare Street ! c . ~ "no <0':> "3 11 .~, 'E ~"3 ::J ~ G Portion of piedmont Drive dedicated on Parcel Map No. 4879 (P.M. 5316!!-70) Portion of Piedmont Drive dedicated per Document No. 80-215145 OR ~ ~ iii .." p~tf:)~'13 f'w-.& ~ ~ pfl.,ftc.e."- ' (F~l1d/zed LAnd) ~ (F<<J~II- Undl pw.. e_6!ll'1 pI'- Edgemon! Drive Areas to be vacated pO-' 61S5-121-:ye'::> (F<<I.,.11red 939 "tract ~91 61 ",e. V!>J.. MAR CIRCLE '"' "' ill > '" o 0: o ~ lOMIT A PLACE u o 0: , '\'-, ''''''-' '0\ , \ , , \ \ 0: o '" il' :5 '" > w :I: ... >- -' '" DEL NORTE DRIVE Q8S.1SJ-tY <:.:]85-1S3-1D (Federal/zed unci) (Fed.nll/zed Lend) L YNWOOD DRIVE CITY OF SAN BERNARDINO PUBLIC WORKS DIVISION REAL PRO RTY SECTION ,Jrcved: Created by: Checked by: ~~Ri~' Not to Scale' a.A f>. ~ \.l E. L Sf>.~ \" 11 E ::J \~D\f>.~ u N..... Cor See 29 / T.l N. R. 3 .... ~R\/ f>. \\O~ RE.S~ "' C\J r- ~ (-", , '. pot. '^ ~w I~~ >-w u> 3<( :~ ,....:il~:;:'. . . ..;::ry::t~ :,If"'1;';' , r.c.. ..' -:," ".~~;, ~ "" ,-- .. ': '\.:~: "~'" .,. ..,~ .. , Description of the vacation of portions of Piedmont Drive, North of Marshall Boul~va:rd, Marshall Boulevard, between Blythe Street and Victoria Avenue, and Victoria Avenue, North of Piedmont Drive All of that portion of Piedmont Drive located easterly of the East line of Tract No. 6513, as per plat thereof recorded in Book 84 of Maps, pages 35 through 36 inclusive, records of the County Recorder of San Bernardino County, State of California, and northerly of the North line of Marshall Boulevard having a half width of 44 feet, as portions of said Piedmont Drive are delineated on Parcel Map No. 4879, recorded on Book No. 53 of Parcel Maps, pages 69 through 70 inclusive and also as portions of said Piedmont Drive are dedicated to the City of San Bernardino in Document No. 82-019692 recorded on January 29,,1982, Official Records of said County and also as portions of said Piedmont Drive are dedicated to the City of San Bernardino in Document No. 80-215145 recorded on September 23, 1980, Official Records of said County; and All of that portion of Marshall Boulevard lying westerly of the West line of Victoria Avenue, as said Victoria Avenue is delineated on Parcel Map No. 4795, as per plat thereofrecorded in Book 65 of Parcel maps, page 17, records of said County and East of the Northerly prolongation of East line of Rockford Avenue, as said Rockford Avenue is delineated in the Map of Tract No. 9239, recorded in Book 129 of Maps, pages 66 through 67 inclusive, records of said County; and All of that portion of Victoria A venue lying Northerly of the Westerly prolongation of the North line of Lot 1, Tract No. 10500, as per plat thereof recorded in Book 155 of Maps, pages 8 through 10 inclusive, records of said County, and Westerly of the East line of Section 30, Township 1 North, Range 4 West, San Bernardino Meridian, said line also being on the corporate City limit line of the City of San Bernardino; and That portion of Marshall Boulevard lying within Lots 4, 5, and 6 of Block 16, and Lots 4, 5, and 6 of Block 17 of the Map of West Highlands, in the City of San Bernardino, County of San Bernardino, State of California, as per plat filed in book 5, Page 77 of Maps, in the Office of the County Recorder of said County, described as follows: Beginning at the Southwest comer of Parcell of Parcel Map No. 4879, filed in Book 53, Pages 69 and 70 of Parcel Maps, Records of said San Bernardino County, said Southwest corner also being on the Northerly line of Marshall Boulevard; thence along said Northerly line of Marshall Boulevard, North 89050'00" East, a distance of 5.00 feet to the True Point of Beginning; thence continuing along said Northerly line North 89056'00" East, a distance of 977 .08 feet to the Northeasterly line of Piedmont Drive, as shown on Parcel Map No. 10305, filed in Book 133, Page 34 of Parcel Maps, records of said San Bernardino County; thence leaving said Northerly line South 37041 '31" East, a distance of 3.47 feet, along said Northwesterly line to the Northerly line of Marshall Boulevard as shown on said Parcel Map No. 10305; thence along said Northerly line of Marshall Boulevard, North 89056'00" East, a Exhihi.t "A" Description of the vacation of portions of Piedmont Drive, North of Marshall Boulevard, Marshall Boulevard, between Blythe Street and Victoria Avenue, and Victoria Avenue, North of Piedmont Drive (Continued) distance of 157.45 feet to the Westerly line of Parcel Map No. 4795, as shown on a map filed in Book 65, Page 17 of Parcel Maps, records of said San Bernardino County; thence along said Westerly line South 00015'40" West, a distance of 41.25 fe~t to the Southwest corner of Parcel 3 of said Parcel Map No. 4795; thence along said Southerly line and its Easterly prolongation North 89056'00" East, a distance of 224.75 feet to its intersection with the Northerly Prolongation of the Easterly line of Lot 6; Block 16 of said Map of West Highlands; thence South 00015'40" West, a distance of 41.25 feet to the Northeast corner of said Lot 6; thence along the Southerly line of Marshall Boulevard South 89056'00" West, a distance of 436.00 feet to the Northerly prolongation of the Easterly line of Tract No. 9239, recorded in Book 129, Pages 66 and 67 of Maps, records of said San Bernardino County; thence along said Easterly line South 8050'44" West, a distance of 2.78 feet to the Southerly line of Marshall Boulevard, as shown on said Tract No. 9239; thence along said Southerly line South 89056'00" West, a distance of 388.79 feet to the beginning of a curve concave Southeasterly and having a radius of 20.00 feet; thence Westerly, Southwesterly and Southerly, a distance of 31.42 feet along said curve through a central angle of 90000'00"; thence North 00004'00" West, a distance of 20.89 feet to the beginning of a non-tangent curve concave Southeasterly and having a radius of 43.50 feet, a radial line through said point bears North 69007'54" West; thence Northwesterly, a distance of 12.49 feet along said curve through a central angle of 16027'26" to the beginning of a reverse curve concave Northwesterly and having a radius of 46.50 feet, a radial line through said point bears South 52040'28" East; thence Northeasterly Northwesterly, and Southwesterly, a distance of 133.47 feet along said curve through a ceIitral angle of 164027'26" to the beginning of a reverse curve concave Northwesterly and having a radius of 93.50 feet, a radial line through said point of reverse curve bears South 37007'54" East; thence Southwesterly and Westerly, a distance of 60.72 feet along said curve through a central angle of 37012'22"; thence North 89055'32" West, a distance of 251.30 feet to the beginning of a curve concave Northerly and having a radius of 43.50 feet; thence Northwesterly, a distance of 6.58 feet along said curve through a central angle of 8039'41 "; thence North 81015'51" West, a distance of 134.94 feet to the beginning of a curve concave Northerly and having a radius of 9.50 feet; thence Northwesterly, a distance of 4.28 feet along said curve through a central angle of 25049'21"; thence North 56005'56" West, a distance of 6.11 feet; thence North 00004'00" West, a distance of 3.02 feet to the True Point of Beginning of this description. Exhibit "A" OFFICE OF THE CITY CLERK RA\.:IIEL G. CJ,ARK, C.l\l.C. - CITY CLERK 300 North "D" Street. San Bernardino. CA 92418-0001 909.384.5002. Fax: 909.384.5158 www.ci.san-bernardino.ca.us February 20, 2003 San Manuel Band of Mission Indians 26524 Indian Service Road Highland, CA 92346 Gentlemen: At the Mayor and Common Council meeting held on February 18,2003, the following action was taken relative to General Plan Amendment No. 00-02 to delete portions of Piedmont Drive, Marshall Boulevard and Victoria Avenue from the General Plan Circulation Element: That the hearing be closed; that the Mayor and Common Council adopt the Mitigated Negative Declaration, Mitigation Monitoring/Reporting Program, and General Plan Amendment No. 00-02; and that said resolution be adopted (Resolution No. 2003-59). If we can be of further assistance, please do not hesitate to contact this office. Sincerely, A-.,.~t A_,--<_':J C{<',/,--~'-- -" "- Rachel G. Clark, CMC City Clerk RGC:lls cc: Development Services CITY m- SAN BERNARDINO ADOPTED SHARED V ALOES: Integrity. Accountability. Respect for Human Dignity. Honesty ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Abstain 1 ~)co3" -:.-~ Absent .3 Meeting Date (Date Adopted): Z. l'b-'C-'> Vote: Ayes \.2 I <I' (" Nays Change to motion to amend original documents: Item # h TiS Resolution # Reso. # On Attachments:,~ Contract term: Note on Resolution of Attaclunent stored separately: ~ Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY NullNoid After: - By: - Date Senllo Mayor: 2-2 c- <-..3, Date of Mayor's Signature: J'dl.-'C:':;' Date of Clerk/CDC Signature: ;) <? \ -0 '--'., Reso. Log Updated: ,/ Seal Impressed: // 60 Day Reminder Letter Sent on 3 t 90 Day Reminder Letter Sent on 45th day: See Attached: See Attached: See Attached: Date Returned: - Date Mem er Sent for Signature: Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Yes ,/ No BYf- Yes No ./ By Yes No ./ By~ Yes No ,/ BYX Yes Nol By Copies Distributed to: City Attorney _. ,.-/ Code Compliance Dev. Services / EDA Finance MIS Parks & Rec. Police Public Services Water Others: Notes: BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc,) Ready to File: ..0'!:L. Date: ;) ',) (-<:::,::, Revised 01112/01