Loading...
HomeMy WebLinkAbout34-Development Services c c c CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subject: Resolution finding the proposed Wilson II Elementary School in confomlance with the City General Plan. Dept: Development Services Date: April 10, 2008 MCC Date: April 21, 2008 August L 2005 Synopsis of Previous Council Action: March 17,2008 March 19,2008 April 7, 2008 Council determined that development of Wilson II Elementary School as proposed would not be consistent with the General Plan. Council considered a new request for a conformity determination and directed staff to prepare a Resolution to find the project not in conformity with the General Plan. Council continued the item to April 7, 2008 at request of the School District. Council considered testimony from the School District and the public and directed staff to prepare a Resolution to find the Wilson II Elementary School project in conformity with the General Plan. Recommended Motion: That said Resolution be adopted. ~t.1<Ju- Valerie C. Ross Contact person: Terri RaI1hal. City Planner Phone: 384-5057 Supporting data attached: StaffReoort & Resolution Ward(s): 7 FUNDING REQUIREMENTS: Amount: N/A Council Notes: Source: (Acet. No.) ( Aeet. Description) Finance: if /)./101 , , Agenda Item No. 31./ c c c CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SLBJECT: Request from the San Bernardino City Unified School District for a determination of confornlity with the City General Plan for development of the site proposed for Wilson II Elementary School. APPLICANT: San Bernardino City Unified School District 777 N. "'F" Street San Bernardino, CA 92410 909-381-1100 BACKGROUND: The site proposed by the San Bernardino City Unified School District (District) for development of Wilson II Elementary School is bounded by 26th Street on the north, Arrowview Middle School on the south, "F" Street on the east and "G" Street on the west. In 2005, the Mayor and Council determined that development of Wilson II Elementary School at this location would not be consistent with the General Plan. Since then, the District has prepared a Draft Environmental Impact Report (EIR) pursuant to the provisions of the California Environmental Quality Act (CEQA). In a letter dated February 8, 2008, the District submitted another request for a finding of consistency with the City General Plan. The item was presented to the Plarming Commission on March 4, 2008. The Plarming Commission referred the item to the Mayor and Council with a recommendation that the Mayor and Council determine that the project would not be consistent with the General Plan. The vote of the Planning Commission was unanimous, with Commissioners Coute, Dailey, Heasley, Mulvihill, and Sauerbrun were present. Commissioners Hawkins, Longville, Munoz, and Rawls were absent. On March 17, 2008 the Mayor and Council considered the request and the recommendation of the Plimning Commission and directed staff to return with a Resolution to find the Wilson II Elementary School project not in conformity with the General Plan. On March 19, 2008, the Mayor and Council received the Resolution and continued the matter at the request of the District. On April 7, 2008, the Mayor and Council considered testimony from the District and from the public, and on a 4-3 vote, directed staff to prepare another Resolution to find the Wilson 11 Elementary School project to be in conformity with the General Plan. FINANCIAL IMPACT: None RECOMMENDATION: That said Resolution be adopted. EXHIBIT I: Resolution 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL MAKING CERTAIN 3 FINDINGS AND DETERMINATIONS PURSUANT TO GOVERNMENT CODE SECTION 65402 WITH REGARD TO GENERAL PLAN CONFORMITY FOR A 4 PROPOSED ELEMENTARY SCHOOL SITE (WILSON II ELEMENTARY SCHOOL) 5 6 WHEREAS, the City of San Bernardino (the "City") has received a request from the San Bernardino City Unified School District (the "School District") dated February 8, 2008, attached 7 hereto as a part of Exhibit "A", requesting that certain findings and determinations be made by the 8 Planning Commission of the City and the Mayor and Common Council as required by 9 Government Code Section 65402; and 10 11 WHEREAS, the School District pursuant to said letter dated February 8, 2008, requested that the Planning Conunission make the findings and determinations as required by Government 12 Code Section 65402( a) prior to the acquisition by the School District of any properties in 13 furtherance of the intended Wilson II Elementary School Project; and 14 15 WHEREAS, the Planning Commission considered the request of the School District at a duly called and held public meeting of the Planning Commission on March 4, 2008, and 16 forwarded a recommendation to the Mayor and Common Council that the proposed Wilson II 17 Elementary School Project was not in conformity with the General Plan of the City as required by 18 Government Code Section 65402(a); and 19 20 WHEREAS, on March 17, 2008, the Mayor and Common Council considered the written correspondence from the School District dated March 14, 2008, requesting that any further 21 consideration of the prior request of the School District pursuant to the letter dated February 8, 22 2008, be continued to April 7, 2008, and the Mayor and Common Council elected to consider a 23 presentation from representatives of the School District and a presentation from City Staff, 24 together with public comments on the matter, regarding the issues relative to the request of the 25 School District at the regular meeting of the Mayor and Common Council as held on April 7, 26 2008; and 27 28 fJ pUt 12 i Ole--n-t' iUo . 3 q y,-:J/-t78 4818-1748-8642 I 1 WHEREAS, on April 7, 2008. the Mayor and Common Council directed the preparation of 2 this Resolution and requested that this Resolution be presented to the Mayor and Common 3 Council at the next regular meeting as scheduled for April 21, 2008; and 4 WHEREAS, the Mayor and Common Council have considered all evidence, facts and 5 other written and verbal presentations, including the excerpts from the staff report as attached 6 hereto as Exhibit "A", as made available to the Mayor and Common Council in furtherance of the 7 consideration of this Resolution, and based upon all such evidence, facts and other written and 8 verbal presentations does hereby adopt and approve this Resolution to find that the proposed 9 Wilson II Elementary School Project will be in conformity with the City adopted General Plan in 10 the manner as set forth herein. 11 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 12 SAN BERNARDINO, AS FOLLOWS: 13 SECTION 1. The above recitals are true and correct in all respects and are incorporated 14 herein by reference. 15 SECTION 2. The Mayor and Common Council hereby find and determine that the 16 proposed Wilson II Elementary School Project is in conformity with and is consistent with the 17 adopted General Plan of the City based upon evidence, facts and other written and verbal 18 presentations, including the staff report and other supporting documents attached hereto as Exhibit 19 "A", and specifically for the reasons set forth below: 20 1. The General Plan contains a number of goals and policies that encourage 21 development of new school facilities to be integrated in the existing neighborhoods to be served. 22 General Plan Goal 7.3 states this objective as follows: "Meet the educational needs of the City's 23 residents and integrate our higher educational facilities into the fabric of our community." In the 24 Staff Memorandum to the Planning Commission for a hearing dated October 16, 2007, it was 25 stated that the San Bernardino City Unified School District continually monitors and projects 26 future educational needs of the City residents and coordinates its plans to develop new facilities 27 with the City Development Services Department. 28 4818-1748-8642.1 2 1 2. The General Plan contains General Plan Policy 7.3.1 which states as 2 follows: "Work with the local school districts, CSUSB and SBVC to expand facilities and 3 services to meet educational needs. " 4 3. The above referenced Staff Report also provides that with the proper site 5 planning, educational facilities area compatible with residential neighborhoods and provide 6 services essential to maintaining a healthy, convenient and well-balanced community. General 7 Plan Policy 2.3.1 states as follows: "Commercial Centers, open spaces, educational facilities and 8 recreational facilities should be linked to residential neighborhoods. " 9 10 SECTION 3. This Resolution shall take effect upon its adoption by the Mayor and 11 Common Council of the City of San Bernardino. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4818-1748-8642.1 3 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL MAKING CERTAIN FINDINGS AND DETERMINATIONS PURSUANT TO GOVERNMENT CODE 2 SECTION 65402 WITH REGARD TO GENERAL PLAN CONFORMITY FOR A 3 PROPOSED ELEMENTARY SCHOOL SITE (WILSON II ELEMENTARY SCHOOL) 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a 6 the day of 7 8 Council Members: 9 ESTRADA 10 BAXTER 11 BRINKER 12 DERRY 13 KELLEY 14 JOHNSON 15 16 MCCAMMACK 17 18 19 20 21 22 meeting thereof, held on , 2008, by the following vote to wit: Aves Navs Abstain Absent City Clerk The foregoing Resolution is hereby approved this _ day of ,2008. Patrick J. Morris, Mayor City of San Bernardino Approved as to form: 23 24 JAMES F. PENMAN, City Attorney 25 26 By: 27 28 (~ fi~othY, . S 0, Special Counsel 4818-1748-8642.1 4 1 2 3 4 5 6 7 8 9 10 EXHIBIT "A" Staff Report (including excerpts from relevant documents and letter from School District) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4818-1748-8642.1 5 ,,,~~:-;l:")_ A TT ACHMENT A SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT Arturo Delgado. Ed.D. Superintendent John A. Peukert, Assistant Superintendent, Facilities/Operations February 8, 2008 Valerie Ross, Director Development Services Department City of San Bernardino 300 North "0" Street, 3'. Floor San Bernardino, California 92418 Re: Request for Planning Commission Interpretation Request for General Plan Conformity Finding based on Additional Technical Reports The San Bernardino City Unified School District (SBCUSD) is formally resubmitting the proposed Wilson II Elementary School to the Planning Commission having jurisdiction where the proposed school is to be located. We include Supplemental information to our June 9, 2005 previous Notice and to the subsequent hearing held on July 19, 2005. As you are probably aware, the District conducted a Scoping Session with the City in early 2007 and held a formally noticed Scoping Meeting at Arrowview Middle School on February 8, 2007. Comments were received and considered in preparation of the Draft EIR enclosed herewith. Further, a formally noticed Draft EIR Public Hearing was held at Arrowview Middle School on January 31,2008. We are requesting that the Planning Commission provide written findings to the District stating the site is in conformity with the jurisdiction's adopted General Plan. The proposed project site is bounded by 2611l Street to the north, F Street to the east, G Street to the west and Arrowview Middle School to the south in the City of San Bernardino. The approximately 8.5 acre project site includes 40 existing single family residential units and an approximately 31,000 square foot vacant lot. The jurisdiction's General Plan designates the subject site as Residential Suburban (RS). The enclosed Final Draft Environmental Impact Report includes additional reports including a Traffic Report and Parking Study that includes a number of mitigation measures for circulation. These reports also document that parking will be sufficient for the new school and not overlap with demands from the neighboring Arrowview Middle School. Additionally, the District will modify enrollment at the Arrowview Middle School by relocating all 6'" grade students to their home schools and the new Wilson II campus. This will further mitigate traffic impacts in the vicinity due to relocation of apprOXimately 300 students at Arrowview Middle School. Your prompt attention to this request for review and recommendation is appreciated. If there are any questions or need for further information, please contact me at (909) 381-1238. Sincerely, ~ Wael Elatar Facilities Administrator Attachments: Final Draft Environmental Impact Report with Appendices. FACILmES/OPERATIONS DIVISION 777 North F Street. San Bernardino, CA 92410 . (909) 381.1238 . Fax (909) 885.4218 www.sbcusdfacilities.com 0 0 n r. r .~. SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT Arturo Delgado, Ed.D. Superintendent March 14, 2008 Valerie Ross, Director Development Services San Bemardino City Planning Commission 300 North "0" Street, 3'" Floor San Bernardino, C A 92418 Dear Valerie: It is our understanding that the Planning Commission will be making a recommendation to the City Council relative to the Wilson II Project, and we would like an opportunity to prepare our rationale for the great need for this school to proceed in this area. In order to do this we are requesting an extension of the timeframe for the City Council to respond to our letter of February 8, 2008 "'nUeo by Mr. Wael Elatar relative to this project. We also respectfully rCXIuest a continuance of the City Council meeting of April 7. Thank you for your consideration. 0;0 ~ ARTURO "F~ "'". Superintendent AD:mbg Cc: Mayor Patrick Monis OFFICE OF THE SUPERINTENDENT 777 North F Street. Sail BernardinO, CA 92410. (909) 381-12.10' fa, (9091885.6392; O?l/47 DB YlI'-- arturu.delgadoll{'sbclIsd.k 12.ca.lIs - Little MOUIII4lII ..............._ Planning Commission Hearing D~te: 10/16/07 Page3 0/4 FINDINGS AND ANALYSIS The General Plan contains a number of goals and policies that encourage development of new school facilities, integrated in the existing neighborhoods to be served. General Plan Goal 7.3 states this objective broadly, as follows: .. Meet the educational needs of the City's residents and integrate our higher educational facilities into the fabric of our community" The San Bernardino City Unified School District continually monitors and projects future educational needs of City residents, and coordinates its plans to develop new facilities with the City Development Sen;ces Department The site proposed for development of Little Mountain Elementary School is needed to serve the future elementary school enrollment projecled for the surrounding neighborhood. The District's proposal to acquire and develop the subject property as a school site is supported by the following General Plan Policy 7.3.1: "Work with the local school districts, CSUSB and SBVC to expandfacilities and seT'\lices to meet educational needf. .. Finally. General Plan Policy 2.3.1 states: "Commercial Centers, open spaces, educational facilities and recreational facilities should be linked to residential nei/(hborhoods. .. Indeed, with proper site planning, educational facilities are compatible with residential neighborhoods and provide services essential 10 maintaining a healthy. convenient and well-balanced wmmunity. CONCLUSION The goals and policies of the General Plan support development of school facilities, a~ needed to serve the community. lbe site proposed by the San Bernardino City Unified School District for development of lillie Mountain Elementary School will serve the surrounding area well. The site is vacant, so no demolition or relocation of residents or other existing facilities will be necesS3ty. Although a residential subdivision and development plan has been approved for the subject site, development of an elementary school would also be consistent with the General Plan. as an alternative land use. 52. Continued. Approved MOTION: That said ordinance be adopted. Adopted MC-1267 1 XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX I CONTINUED FROM MARCH 19, 2008 Development Services 53. Request from the San Bernardino City Unified School District for a determination of consistency with the City General Plan for development of the site proposed for Wilson II Elementary School. (Backup material was distributed on March 17, 2008, Item No. 30; and was continued to March 19, 2008, Item No. 3.) (No Cost to City.) Ward 7 Resolution of the Mayor and Common Council making certain findings and determinations pursuant to Government Code Section 65402 with regard to General Plan conformity for a proposed elementary school site (Wilson II Elementary School.) No Action Taken MOTION: That said resolution be adopted. Approved MOTION: That Special Counsel Sabo be directed to prepare a resolution that makes findings for consistency with the City's General Plan and objectives; and that the matter be continued to April 21, 2008. XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX STAFF REPORTS 54. Item Deleted. WORKSHOP 55. Workshop on Fiscal Year 2007/08 Mid-Year Budget Report to be held at the Economic Development Agency Boardroom. (Material originally distributed on March 19, 2008, Item No. 2.) Approved MOTION #1: That the Fiscal Year 2007/08 Mid-Year Budget Report, be received and filed; and (Item Continued on Next Page) 19 04/07/2008 CONTINUED ITEMS XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX CONTINUED FROM MARCH 17, 2008 Development Services 3. Request from the San Bernardino City Unified School District for a determination of consistency with the City General Plan for development of the site proposed for Wilson II Elementary School. (New Backup) (Backup material was originally distributed on March 17, 2008, Item No. 30.) Ward 7 Resolution of the Mayor and Common Council making certain findings and determinations pursuant to Government Code Section 65402 with regard to General Plan conformity for a proposed elementary school site (Wilson II Elementary School). Approved MOTION: That the matter be continued to April 7, 2008. XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX 4. Adjournment. Consensus MOTION: That the meeting be adjourned. Note: The next joint regular meeting of the Mayor and Common Council/ Community Development Commission is scheduled for 1:30 p.m., Monday, April 7, 2008, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 4 I RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL MAKING CERTAIN 3 FINDINGS AND DETERMINATIONS PURSUANT TO GOVERNMENT CODE SECTION 65402 WITH REGARD TO GENERAL PLAN CONFORMITY FOR A 4 PROPOSED ELEMENTARY SCHOOL SITE (WILSON II ELEMENTARY SCHOOL). 5 WHEREAS, the City of San Bernardino (the "City") has received a request from the San 6 7 Bernardino City Unified School District (the "School District") dated February 8, 2008, attached 8 hereto as page 6 of Exhibit "A", requesting that certain findings and determinations be made by 9 the Planning Commission and the Mayor and Common Council as requested by Government Code Section 65402; and 10 WHEREAS, the School District pursuant to said letter dated February 8, 2008, requested 11 12 that the Planning Commission make the findings and determinations as required by Government Code Section 65402(a) prior to the acquisition by the School District of any properties in 13 furtherance of the intended Wilson II Elementary School Project; and 14 WHEREAS, the Planning Commission considered the request of the School District at a 15 16 duly held public meeting of the Planning Commission on March 4, 2008, and forwarded a recommendation to the Mayor and Common Council that the proposed Wilson II Elementary 17 18 School Project was not in conformity with the General Plan of the City as required by Government 19 Code Section 65402(a) and the staff report of said Planning Commission meeting is attached 20 hereto as pages 3 to 36 of Exhibit"A"; and WHEREAS, on July 19, 2005, the Planning Commission previously considered the same 21 22 issues with regard to whether the proposed Wilson II Elementary School Project was in 23 conformity with the General Plan of the City, as outlined in the staff report attached hereto as 24 pages 17 to 26 of Exhibit "A" and tabled the item, as set forth in the meeting minutes attached 25 hereto as pages 32 to 36 of Exhibit"A"; and 26 WHEREAS, the Mayor and Common Council subsequent to the Planning Commission 27 action of July 19, 2005, as set forth in Exhibit "A" as attached hereto, concurred with the findings and recommendation of the Planning Commission staff report and further found and determined 28 1 that the proposed Wilson II Elementary School Project was not in conformity with the General 2 Plan of the City; and 3 WHEREAS, on March 17, 2008, the Mayor and Common Council considered the written 4 request of the School District dated March 14, 2008, requesting that any further consideration of 5 the prior request of the School District pursuant to the prior letter dated February 8, 2008, be 6 continued to April 7, 2008, and the Mayor and Common Council elected to consider a presentation 7 from a representative of the School District and a presentation from City Staff regarding the issues 8 relative to the request of the School District; and 9 WHEREAS, the Mayor and Common Council directed the preparation of this Resolution 10 and requested that this Resolution be presented to the Mayor and Common Council at an 11 adjourned regular meeting as held on March 19, 2008; and 12 WHEREAS, the Mayor and Common Council have considered all evidence, facts and 13 other written and verbal presentations, including the staff report attached hereto as Exhibit "A", as 14 made available to the Mayor and Common Council in furtherance of the consideration of this 15 Resolution, and based upon all such evidence, facts and other written and verbal presentations 16 does hereby adopt and approve this Resolution; and 17 WHEREAS, the School District has prepared a certain Draft Environmental Impact 18 Report, SCH #2006111105 ("DEIR"), pursuant to the provisions of the California Environmental 19 Quality Act of 1970, as amended ("CEQA"), and has duly circulated the DEIR for comment by 20 responsible agencies, including the City, and the City has provided comments to the School 21 District on the DEIR and in the form as attached hereto as pages 7 to 9 of Exhibit "A"; and 22 WHEREAS, the School District has no authority pursuant to CEQA to initiate the Wilson 23 II Elementary School Project until such time as the EIR has been finally approved and certified by 24 the governing board of the School District. 25 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 26 SAN BERNARDINO AS FOLLOWS: 27 SECTION 1. The above recitals are true and correct in all respects and are incorporated 28 herein by reference. AR I R_17dR_Rld7 1 7 1 SECTION 2. The Mayor and Common Council hereby find and determine that the 2 proposed Wilson II Elementary School Project is not in conformity and is not consistent with the 3 adopted General Plan of the City based upon evidence, facts and other written and verbal 4 presentations, including the staff reports and other supporting documents attached hereto as 5 Exhibit"A" and specifically for the reasons set forth below: 6 1. As stated by the former Chief of Police, Garrett W. Zimmon, in a memo 7 dated July 14, 2005, attached hereto as page 27 of Exhibit "A", construction of an elementary 8 school adjacent to an existing middle school and in close proximity to Highland Avenue, a major 9 arterial street, would expose elementary school students to negative influences of older students 10 and other negative outside influences,potentially including gang members. 11 2. As noted in said memo from the Chief of Police dated July 14, 2005, and as I 12 stated more specifically in a letter dated July 15, 2005, from then Deputy Director/City Planner of 13 the Development Services Department, Valerie C. Ross, to School District Facilities 14 Administrator, Wael Elatar, the vacation of segments of 25'h Street and Berkeley Avenue 15 necessitated by the proposed construction of Wilson II Elementary School would have a severe 16 impact on local circulation in the area surrounding the site. 17 3. On page 4-12 of the School District's DEIR, SCH #2006111105, the 18 neighborhood of 40 single-family residences that would be demolished to implement the Wilson II 19 Elementary School project is described as follows: "The neighborhood of Period Revival Cottages 20 remains as a cohesive neighborhood of the style and type. As such, the Bonita Gardens tract 21 appears to meet the California Register criteria for local significance as a historic district, with a 22 period of significance from 1922 — 1941. As such, each dwelling constructed during this period 23 was assessed for its historical integrity, and the dwellings determined to have experienced 24 significant loss were removed from inclusion. In summary, a total of 29 homes were determined to 25 be contributors to this potential local historic district". On the following page 4-13, the DEIR 26 concludes: "Implementation of the proposed project would result in the demolition of the 29 27 homes contributing to a potential local historic district. This impact would be considered 28 significant and potentially unavoidable". d41R_17dR_Rld7 I I 1 4. On page 4-25, the School District's DEIR quotes the City's July 19, 2005, 2 Planning Commission staff report as follows: "The site proposed for development of Wilson 11 3 Elementary School is part of a fully developed, stable and cohesive neighborhood, evidenced by 4 the high level of owner occupancy. It is a fine example of a 70 yr. old neighborhood that has stood 5 the test of time and continues to thrive. Intrusion into this neighborhood with the demolition of 40 6 homes would also eliminate numerous examples of Tudor Revival and California Bungalow 7 architecture that currently enhance the character of the community." On the following page 4-26, 8 the DEIR concludes: "The General Plan lists the proposed project site as an Urban Conservation 9 and Enhancement Area, and the General Plan focuses on preservation and enhancement of 10 existing neighborhoods where fundamental changes in the land use pattern are not anticipated or 11 desired. ' The proposed project would not be consistent [sic] this portion of the general plan and 12 would cause a significant impact [sic] between the San Bernardino City Unified School District 13 proposal and the City of San Bernardino. This impact is considered significant and unavoidable. " 14 SECTION 3. The Mayor and Common Council hereby further find that based upon the 15 statements made by the School District in the DEIR as recited in Section 2 above, the School 16 District itself had found and determined based upon the DEIR that the Wilson II Elementary 17 School Project is not in conformity with the General Plan and furthermore the School District has 18 not provided any additional evidence, documentation, facts or other written or verbal presentations 19 that would permit the Mayor and Common Council to make any finding other than as set forth in 20 this Resolution. No additional evidence, documentation, facts of other written or verbal 21 presentations have been presented to the Mayor and Common Council as of the date of adoption 22 of this Resolution that cause the Mayor and Common Council to in any manner alter, change or 23 otherwise modify the prior actions of the Mayor and Common Council and the Planning 24 Commission with regard to the Wilson II Elementary School Project as taken prior to the date 25 hereof. 26 SECTION 4. This Resolution shall take effect upon its adoption by the Mayor and 27 Common Council of the City of San Bernardino. 28 naiQ_»nQ_a�n� t d 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL MAKING CERTAIN FINDINGS AND DETERMINATIONS PURSUANT TO GOVERNMENT CODE 2 SECTION 65402 WITH REGARD TO GENERAL PLAN CONFORMITY FOR A 3 PROPOSED ELEMENTARY SCHOOL SITE (WILSON II ELEMENTARY SCHOOL). 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a meeting thereof, 6 held on the day of , 2008, by the following vote to wit: 7 g Council Members: Ayes Nays Abstain Absent 9 ESTRADA 10 BAXTER 11 BRINKER 12 DERRY 13 KELLEY 14 JOHNSON 15 16 MCCAMMACK 17 City Clerk 18 19 The foregoing resolution is hereby approved this day of , 2008. 20 21 Patrick J. Morris, Mayor 22 City of San Bernardino 23 Approved as to form: 24 25 By: Special oijisel 26 27 28 dR 1 R_1'7dR_R(.d� 1 I EXHIBIT "A" 2 Staff Report 3 (including excerpts from relevant documents) 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 A EXHIBIT A CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subject: Request from the San Bernardino City Unified Dept: Development Services School District for a determination of consistency with the City General Plan for development of the site proposed for Wilson II Elementary School. Date: March 6, 2008 MCC Date: March 17, 2008 Synopsis of Previous Council Action: August 1, 2005 —The Mayor and Common Council considered the sites proposed for development of Monterey II, Alessandro II, Burbank II and Wilson II Elementary Schools. The Mayor and Council determined that development of Wilson II Elementary School as proposed would not be consistent with the General Plan. The other school sites were determined to be consistent with the General Plan. Recommended Motion: That the Mayor and Common Council find that land acquisition and development of the site proposed for Wilson II Elementary School would not be consistent with the General Plan. G. AW-- Valerie C. Ross Contact person: Terri Rahhal, City Planner Phone: 384-5057 Supporting data attached: Staff Report Ward(s): 7 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) Acct. Description) Finance: Council Notes: Agenda Item No. 0011. Page 2 of 2 CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: Request from the San Bernardino City Unified School District for a determination of consistency with the City General Plan for development of the site proposed for Wilson II Elementary School. Applicant: San Bernardino City Unified School District 777 N. "F" Street San Bernardino, CA 92410 909-381-1100 BACKGROUND: The site proposed by the San Bernardino City Unified School District (District) for development of Wilson II Elementary School is bounded by 26th Street on the north, Arrowview Middle School on the south, "F" Street on the east and "G" Street on the west. In 2005, the Mayor and Council determined that development of Wilson II Elementary School at this location would not be consistent with the General Plan. Since then, the District has prepared a Draft Environmental Impact Report (EIR) pursuant to the provisions of the California Environmental Quality Act (CEQA). In a letter dated February 8, 2008, the District submitted another request for a finding of consistency with the City General Plan. The item was presented to the Planning Commission on March 4, 2008. All pertinent background information and analysis is attached in the March 4, 2008 staff report to the Planning Commission as Exhibit 1. The District's Draft EIR for Wilson II Elementary School is appended on a compact disk as Exhibit 2. On March 4, 2008, the Planning Commission referred this item to the Mayor and Council with a recommendation that the Mayor and Council determine that development of Wilson II Elementary School at the site proposed by the District would not be consistent with the General Plan. The vote of the Planning Commission was unanimous, with Commissioners Coute, Dailey, Heasley, Mulvihill and Sauerbrun present. Commissioners Hawkins, Longville, Munoz and Rawls were absent. FINANCIAL IMPACT: None RECOMMENDATION That the Mayor and Common Council find that land acquisition and development of the site proposed for Wilson II Elementary School would not be consistent with the General Plan. i EXHIBITS: I March 4, 2008 Planning Commission Staff Report 2 Draft Environmental Impact Report for Wilson II Elementary School (CD) i EXHIBIT 1 SUMMARY CITY OF SAN BERNARDIN O PLANNING DIVISION CASE: General Plan Consistency Determination for the Proposed Wilson II Elementary School AGENDA ITEM: 3 HEARING DATE: March 4, 2008 WARD: 7 OWNER: Various APPLICANT: San Bernardino City Unified School District 777 N. "F" Street San Bernardino, CA 92410 909-381-1100 REQUEST/LOCATION: A request from the San Bernardino City Unified School District for a determination that land acquisition and development of the proposed Wilson II Elementary School would be consistent with the City General Plan. The site is approximately 8.5 acres, bounded by "F" Street on the east, "G" Street on the west, 26th Street on the north and Arrowview Middle School on the south, in the RS, Residential Suburban land use district. CONSTRAINTS/OVERLAYS: None ENVIRONMENTAL FINDINGS: 0 Not Applicable ❑ Exempt, Previously approved Negative Declaration ❑ No Significant Effects ❑ Potential Effects, Mitigation Measures and Mitigation Monitoring/Reporting Plan STAFF RECOMMENDATION: • Approval • Conditions Cif Denial Recommendation to MCC • Continuance to: 0003 General Plan Consistency Determination Wilson II Elementary School Site Planning Commission Hearing Date: 3/4/08 REQUEST AND LOCATION Page 2 The San Bernardino City Unified School District (District) has requested a determination from the Planning Commission that land acquisition and development of the proposed Wilson II Elementary School would be consistent with the City General Plan (Attachment A). The subject 8.5-acre site is located at the southeast corner of 26th Street and "G" Street, adjacent to the northern boundary of Arrowview Middle School in the RS, Residential Suburban land use district. SETTING AND SITE CHARACTERISTICS The site proposed for development of Wilson II Elementary School is located in an existing single-family residential neighborhood. There are 40 single fily residences on the site, built mainly in the 1920's and the 1930's. 29 of the homes have been identified am as potentially significant historic structures. Land uses surrounding the site include: North: Residential uses in the RS district. South: Arrowview Middle School East: Residential uses in the RS district. West: Residential uses in the RS district. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) The determination of consistency with the City General Plan is not a project subject to CEQA. The District is the lead agency for the proposed project of land acquisition and development of the Wilson II school site. The District has prepared a Draft Environmental Impact Report (DEIR) for the Wilson II project (Attachment B). Staff has reviewed the DEIR and submitted a comment letter(Attachment C). BACKGROUND State Law requires a local school district contemplating acquisition and development of a new school site to request a determination from the planning agency with jurisdiction that development of a school at the proposed site would be consistent with the local agency's General Plan. If the planning agency finds that the proposed school project would not be consistent with the General Plan, the district may overrule the finding and go forward with the school development project with a 2/3 majority vote of its governing board. The District submitted a General Plan Consistency Determination request to the City for the proposed Wilson II site in 2005. The Planning Commission tabled the item and the Mayor and Common Council found that development of Wilson II Elementary School as proposed would not be consistent with the General Plan. Staff reports to the Planning Commission and Mayor and Common Council and other materials related to the 2005 General Plan Consistency Determination are compiled in Attachment D. r I I General Plan Consistency Determination Wilson II Elementary School Site Planning Commission Hearing Date:3/4/08 ANALYSIS/CONCLUSION Page 3 In the request for a new determination of General Plan Consistency (Attachment A) the District calls attention to the new information presented in the DEIR(Attachment B). Staff does not find any new information in the DEIR that would change the analysis and recommendations concerning the Wilson II Elementary School project as presented in the staff reports prepared in 2005 (Attachment D). In fact, the DEIR acknowledges that the project is inconsistent with the General Plan, and concludes that this conflict with the General Plan constitutes a significant environmental impact with no feasible mitigation, requiring the School Board to adopt overriding considerations in order to approve the project. RECOMMENDATION Staff recommends that the Planning Commission forward the request for a General Plan Consistency Determination for the Wilson II Elementary School site to the Mayor and Common Council, with a recommendation to find the proposed school site is not consistent with the General Plan. Respectfully submitted, r4v r G&--- Valerie C. Ross Director of Development Services Terri Rahhal Deputy Director/City Planner i Attachment A Letter dated February 8, 2008 from the San Bernardino City Unified School District, requesting a General Plan Consistency Determination Attachment B Draft Environmental Impact Report (DEIR) for the proposed Wilson II Elementary School (CD) Attachment C City Comment Letter dated February 14, 2008, regarding the Wilson II Elementary School DEIR. Attachment D Background Documents concerning the General Plan Consistent Determination of 2005. Y ATTACHMENT A SA, BERNARDINO CITY Arturo Delgado, Ed.D. UNIFIED SCHOOL DISTRICT Superintendent John A. Peukert, Assistant Superintendent, Facilities/Operations February 8, 2008 Valerie Ross, Director Development Services Department City of San Bernardino 300 North "D" Street, 3rd Floor San Bernardino, California 92418 Re: Request for Planning Commission Interpretation Request for General Plan Conformity Finding based on Additional Technical Reports The San Bernardino City Unified School District (SBCUSD) is formally resubmitting the proposed Wilson II Elementary School to the Planning Commission having jurisdiction where the proposed school is to be located. We include supplemental information to our June 9, 2005 previous Notice and to the subsequent hearing held on July 19, 2005. As you are probably aware, the District conducted a Scoping Session with the City in early 2007 and held a formally noticed Scoping Meeting at Arrowview Middle School on February 8, 2007. Comments were received and considered in preparation of the Draft EIR enclosed herewith. Further, a formally noticed Draft EIR Public Hearing was held at Arrowview Middle School on January 31, 2008. We are requesting that the Planning Commission provide written findings to the District stating the site is in conformity with the jurisdiction's adopted General Plan. The proposed project site is bounded by 26th Street to the north, F Street to the east, G Street to the west and Arrowview Middle School to the south in the City of San Bernardino. The approximately 8.5 acre project site includes 40 existing single family residential units and an approximately 31,000 square foot vacant lot. The jurisdiction's General Plan designates the subject site as Residential Suburban (RS). The enclosed Final Draft Environmental Impact Report includes additional reports including a Traffic Report and Parking Study that includes a number of mitigation measures for circulation. These reports also document that parking will be sufficient for the new school and not overlap with demands from the neighboring Arrowview Middle School. Additionally, the District will modify enrollment at the Arrowview Middle School by relocating all 6 grade students to their home schools and the new Wilson II campus. This will further mitigate traffic impacts in the vicinity due to relocation of approximately 300 students at Arrowview Middle School. Your prompt attention to this request for review and recommendation is appreciated. If there are any questions or need for further information, please contact me at(909) 381-1238. incerely, i Wael Elatar Facilities Administrator Attachments: Final Draft Environmental Impact Report with Appendices. FACILITIES/OPERATIONS DIVISION I 777 North F Street • San Bernardino, CA 92410 . (909) 381.1238 . Fax (909) 885.4218 www.sbcusdfacilities.com nn 0!� t1 V 1) t r ATTACHMENT C DEVELOPNJENr SERVICF,s DEPARTMENT 300 North "D"Street•San Bernardino•CA 92418-0001 San Ilernin�1����11 Public Works Fax: 909,384 909.384.5057•Fax: 909.334.5080 5155•www.ci.sar.-bernardmo.ca.us February 14, 2008 Jorge Mendez, Project Manager San Bernardino City Unified School District 777 North "F" Street San Bernardino, CA 92410 RE: Draft Environmental Impact Report(DEIR) for the proposed Wilson II Elementary School of Dear Mr. Mendez: The Development Services Department of the City of San Bernardino has reviewed the above referenced DIER, and hereby submits comments to be addressed in the Final Environmenta Impact Report (FEIR) pursuant to the requirements of the California Environmental 1 (CEQA). Please respond with revisions and additional analysis as requested before presenting the Wilson I1 Elementary School project to the Board of Education for a final decision. I. Traffic Impact ti Mitigation: The DEIR identifies a significant adverse impact of the Proposed project at the intersection of 28`x' Street and E Street. The addition of project- related traffic to this intersection is predicted to degrade the projected 2010 operation of the intersection to Level of Service F. A traffic signal is identified as being required to mitigate this impact. The mitigation measure proposed in the DEIR is a 5.45',%, contribution to the cost of a traffic signal. Since the traffic signal is neede to "opening day" impacts, it must be installed prior to occupancy of the school site. Tile nlitigate fair share approach identified in the DEIR does not identify how the other 94.55% will be funded. The fair share approach used assumes that all other "new" traffic (growth) added to this location by other new development in the area will participate in the cost of the traffic signal. Unfortunately, the area is essentially built out, the District will be removing houses for the school, and there is scant opportunity for other new development in th vicinity to contribute toward the cost of the traffic signal. Other than the project traffic, all other future new traffic (growth) identified at this location is attributable to future development that will mostly occur outside of the area. This makes it impossible for the City to collect a fair share from all other future new development that contributes traffic to the Subject intersection. It ig s not practical to expect that the City will actor the traffic signal after c all ollectin sr y install Hall fair are outside of the project vicinity. The proposed 1m tigation failstrto a de`ua ely nl is that the identified impacts. �[itigation Measure 4.15-1 should be revised t tlo require ti t installation of a traffic signal at the intersection of 28`x' Street and E Sheet r occupancy, instead of'the proposed fair share contribution. ' P for to 0 A<< �Vilsun 11 Elementary School DEIR Comment Letter February 15. Nos 2. Land Use and Cultural Resources: The DEIR correctly concludes that the project have significant impacts on the existing neighborhood where construction of Wilson if Elementary School is currently proposed. No feasible measures were identified that could effectively mitigate inconsistency with the City General Plan or destructi l of 29 potentially historic homes. However, these significant impacts Could be avoided altogether by selection of an alternate site. The DEIR analysis of alternatives to the proposed project is inadequate and should be revised and expanded to identity a suitable alternative project site to avoid significant impacts to cultural resources and land use. 3. Alternatives:rn_ a please provide the following revisions and additional information: A. Revise Exhibit 6.3-1: Alternative Sites. This exhibit incorrectly indicates the location of the existing Wilson Elementary School approximately %z mile north of the actual school site. The locations indicated for Alternative Sites 1 and 2 do not match the locations described in the text of the analysis. Either the text or the exhibit should be revised to correct this. B. Add an exhibit to define the Wilson Elementary School Attendance Area. There are numerous references in the DEIR to the attendance area of the school. For instance, the proposed site is apparently preferred by the District because it is in the western portion of the attendance area. The DEIR also notes that alternative sites 1 and 2 are located at the southern edge of the attendance area. However, the attendance area is not defined. C. Quantify the impacts of the alternatives in comparison to the significant impacts of the proposed project. The alternative project analysis is too general, and the conclusions are not Supported by empirical data. Instead of making vague statements about alternatives having impacts "similar" to the proposed project, the analysis of each alternative should include a tally of the number and type of structures that would have to be demolished and an assessment of their potential historic value. This description should be compared to the 40 homes (29 potentially historic) that would have to be demolished for the proposed project. D. Analyze potential development of an elementary school campus adjacent to the existing Wilson Elementary School. The alternatives analysis rejects the concept of expanding the existing Wilson Elementary School due to n7axinlun7 attendance limits (or guidelines?) set by the State. It may be feasible to develop a separate l adjacent to the existing school, similar to the plan for construction of Roosevelt ll�7lf there is any potential for sharing of facilities or amenities like a multi-purpose roolll, allditol'rllill or ball fields, the acreage required to build the new school Could be Substantially less than the area required for Construct1017 Oil the 171'OpOSed pfOjl'Ct Site. 0 00$ Wilson II Elementary School DEAR Conu1ient Letter February Page 3 ut 3 E. Analyze another alternative site that conforms to the District's basic location criteria. In Section 2.3: Objectives, the DEIR states that the new school Site should be located in the western portion of the attendance area, and it should not be located on a major roadway. Assuming that the existing Wilson Elementary School is in the eastern portion of the attendance area, the two alternative sites analyzed in the DEIR are in the southeast corner of the attendance area, and both sites are located on Highland Avenue, a major arterial roadway. Neither alternative site meets the basic location criteria established by the District, so at least one other site should be considered and analyzed in the FEIR. Thank you for the opportunity to review and comment on the Draft Environmental Impact Report. When the Final EIR is completed, please submit it to the City with proper notice of the public hearing scheduled to consider certification of the EIR and action on the proposed Wilson fI Elementary School project. Sincerely, K&A;V 0 ?J0 7p-- Terri Rahhal Deputy Director/City Planner Cc: Valerie C. Ross, Development Services Director Robert Eisenbeisz, City Engineer ATTACHMENT D I Mayor Judith valley CITY OF SAN BERNARDINO Co EsCtheNEada <. v 300 N. D"Street Susan Longville San Bernardino, CA 92418 Gordon McGinnis Neil Derry San Bern (n0 Website: www.sbcity.org Chas Kelley Rikke van Johnson Wendy McCanvnark MINUTES i MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION AND THE SAN BERNARDINO CITY HOUSING AUTHORITY OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING AUGUST 1, 2005 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council, Community Development Commission, and San Bernardino City Housing Authority of the City of San Bernardino was called to order by Mayor/Chairman Valles at 1:37 p.m., Monday, .August 1; 2005, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Roll call was taken by City Clerk Clark with the following being present: Mayor/ Chairman Valles; Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack; City Attorney Penman, City Clerk Clark, Assistant to the City Administrator Sassoon. Absent: None. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Mohammed Fawzi Hassan, et al. v. Cit of San Bernardino, et al. - United States District Court Case No. EDCV 05-328 VAP (SGLx); t 08/01/2005 I - ---- 0 0.10 35. Resolution of the Mayor and Common Council of the Cit y of San Bernardino adopting the 2005/2006 through 2009/2010 Capital Improvement Program, Staff requested a two-week continuance. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that the matter be continued to the ' Council/Commission meeting of August 15, 2005. I The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 36. Resolution of the City of San Bernardino adopting the Five-year Capital Improvement Program (2005-2010) for Measure I local expenditures. Staff requested a two-week continuance. Council Member/Commissioner McGinnis made a motion, seconded by Council I Member/Commissioner Estrada, that the matter be continued to the Council/ Commission meeting of August 15, 2005. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 37. Request for Findings of Consistency with City's General Plan - four proposed elementary school sites - Monterey II, Alessandro 1I, Burbank II, & Wilson II - San Bernardino City Unified School District Valerie Ross, City Planner/Deputy Director of Development Services, stated that the staff report provides background information on this matter and explains the City's responsibility to make findings of consistency or conformity with the City's General Plan based on provisions that are in the Government Code. She advised that staff had recommended that findings of consistency be made on Alessandro II, Burbank II, and Monterey II—but not on Wilson II. She stated that staff believes that the proposed site for Wilson II is especially problematic in that it would disrupt a stable neighborhood between "F" and "G" Streets around 24'h Street, located just north of Arrowview Middle School. It would also require the vacation of some streets and, as noted in a memo from the Police Chief, there are concerns relative to locating a new elementary school adjacent to a middle school. She stated that the preferred site in staff's opinion 20 08/01/2005 is south of Highland Avenue, east of Sierra Way. However, the District does- not agree with the City on this. A memorandum dated August 1, 2005, from the San Bernardino City Unified School District to the City Council regarding General Plan Consistency of Proposed Wilson II Elementary School was distributed to the Mayor and Council. City Attorney Penman stated that the school district would like the Mayor and Council to read and consider the memorandum before making their decision today, Ms. Ross pointed out that the information cited in the memo from the District is correct; however, it is the Mayor and Council's responsibility to interpret the General Plan, and staff does not feel that all of the references cited apply to Wilson Elementary School. Ms. Ross concluded by stating that staff recommends that the Mayor and Council find that the development of Monterey II, Alessandro II, and Burbank II elementary schools is consistent with the City's General Plan, and that development of Wilson II elementary school is not consistent with the City's General Plan. Council Member/Commissioner McCammack stated that she wanted the viewing public to know that the Wilson II Elementary School that is slated to be built behind Arrowview Middle School is not consistent with the City's General Plan, and this is simply the first step in the City's position of opposition to t hat school. She indicated there would be a lot more to come, and she didn't anyone to get nervous thinking that they need to be moving tomorrow. want Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Estrada, that the Mayor and Common Council make the findings that Monterey II Elementary School, Alessandro II Elementary School, and Burbank II Elementary School are consistent with the General Plan; and that Wilson II Elementary School is not consistent with the General Plan. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. COMMUNITY DEVELOPMENT COMMISSION Staff Present: Mayor/Chairman Valles; Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, McCammack; City Attorney Penman, Economic Development Agency Executive Director Van Osdel, City Clerk Clark. Absent: Council Member/Commissioner Johnson. 21 I 08/01/2005 a - Page 1 of 4 CITY OF SAN BERINARDINO-REQUEST FOR COUNCIL ACTION From: James G. Funk, Director Subject: Requests from the San Bernardino City Unified Dept: Development Services School District for determinations of consistency with the City General Plan for development of four proposed elementary school sites. Date: July 27,2005 MCC Date: August 1, 2005 Synopsis of Previous Council Action: None Recommended Motion: That the Mayor and Common Council make the following findings: • That Monterey II Elementary School is consistent with the General Plan • That Alessandro II Elementary School is consistent with the General Plan • That Burbank II Elementary School is consistent with the General Plan • That Wilson 1I Elementary School is not consistent with the General Plan v James G. Funk Contact person: Terri Rahhal Principal Planner Phone: 384-5057 Supporting data attached: Staff Report Ward(s): 7 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct. Description) Finance: Council Notes: Agenda Item No. 7 _ � 3 s Page 2 of 4 CITY OF SAN BERNARDINO- REQUEST FOR 1 • - R COUNCIL ACTION STAFF REPORT SUBJECT: Requests from the San Bernardino City Unified School District for determinations of consistency with the City General Plan for development of four proposed elementary school sites. Applicant: Representatives: San Bernardino City URS Group, Inc. LSA Associates Unified School District 10723 Bell Court 20 Executive Park Ste. 200 j 777 N. "F"Street Rancho Cucamonga, CA 91730 Irvine, CA 92614-4731 San Bernardino, CA 92410 909-980-4000 949-553-0666 909-381-1100 BACKGROUND: i Section 21151.2 of the Public Resources Code requires the governing board of a school district to provide written notice to the Planning Commission with jurisdiction prior to acquiring property for expansion or development of a school. Section 65402 or the Government Code requires the • Planning Agency to respond within 40 days to the school district with a report on consistency of the proposed school facility with its General Plan. Failure to respond within 40 days is deemed a finding of consistency. If the Planning Agency finds that the proposed facility is not consistent with the General Plan, the governing body of the school district may overrule the finding and carry out its program. In late June (June 20 and June 24), the San Bernardino City Unified School District (District) submitted requests for findings of consistency with the City General Plan for four proposed elementary school sites: ■ Monterey II Elementary School, proposed on the north side of Ninth Street, approximately 500 ft. east of Tippecanoe Avenue; • Alessandro II Elementary School, proposed at the southwest comer of Baseline Street and Herrington Avenue; • Burbank II Elementary School, proposed at the southeast corner of Rialto Avenue and Allen Street; • Wilson II Elementary School, bounded by 26`h Street on the north, Arrowview Middle School I on the south, "F"Street on the east and "G"Street on the west. Staff prepared reports and recommended findings to present to the Planning Commission on July 19, 2005. The staff reports to the Planning Commission (Exhibits 1-4) contain full analyses of applicable General Plan policies and objectives. Three of the school sites are recommended for findings of consistency with the General Plan, as substantiated in the Planning Commission staff • reports. Development of Wilson II Elementary School at the site proposed by the District would conflict with General Plan Objectives 1.37 and 1.6, which cite the importance of compatibility 0014 Page 3 of 4 • with surrounding residential areas, maintaining the character of the community and not adverse) impacting the quality of life of City residents. Staff recommends a finding that development of w'ilson 11 Elementary School would not be consistent with the General Plan, based on the following concerns about the proposed site: • The proposal would break up a stable neighborhood with 80%owner occupancy, a model the City is striving to replicate in other areas. • The proposal would require vacation of a segment of 25`h Street, making 26`h Street the first available east-west street north of Highland Avenue, in a neighborhood where vocal circuiation is already impeded by Arrowview Middle School. The subject neighborhood is already impacted by traffic related to dropping off and picking up students at Arrowview Middle School. Addition of another school site at the proposed location would worsen these impacts. • The location of Arrowview Middle School on a major thoroughfare (Highland Avenue) increases the potential for outside influences on the middle school students, including exposure to gangs. The Police Department recommends against introducing elementary school students adjacent to this particular middle school(Exhibit 5). As lead agency for school site development under the California Environmental Quality (CEQA), the District is responsible for environmental analysis of the proposed actions of site acquisition and development. CEQA requires the lead agency to provide notice and an opportunity to review and comment on the draft analysis to all responsible agencies which will have permitting authority in the future. Responsible agencies typically rely on the CEQA analysis of the lead agency for their permitting actions. The City will have permitting authority for right-of-way improvements and extension and connection to City water and sewer services for all of the proposed school sites in question. Therefore the City is a responsible agency with a substantial interest in the CEQA analysis for the school sites. City staff became aware that the District had circulated Initial Studies and proposed Mitigated Negative Declarations for three of the school sites for which consistency findings had been requested from the City. These CE I Y QA documents were circulated to the State Clearinghouse in Sacramento, but they were not provided to the City, a responsible agency, for review and comment. The City Attorney obtained copies of the documents with a Public Records Act request,just as the formal 30-day comment period was due to expire. I In a letter dated July 15, 2005 (Exhibit 6), staff requested that the comment period on the subject i CEQA documents be extended, and that the District send notices and copies of proposed environmental determinations for all current and future projects to the City for review as a responsible agency. The District responded in a letter dated July 18, 2005 (Exhibit 7) that the CEQA comment period would be extended to August 18, 2005. On July 19, 2005, on recommendations from Development Services staff and the City Attorney's office, the Planning Commission tabled all four consistency finding requests with an indefinite continuance, pending further review of the District's development plans and environmental • analysis. In order to meet the 40-day timeframe as specified in the Government Code, staff'has scheduled the requested findings of General Plan consistency for action by the Mayor and 1 _ Page 4 of 4 Common Council. After completing a review of the environmental documents, staff will respond separately to the District within the extended review period agreed to by the District. FINANCIAL IMPACT None. RECOMMENDATION Ilia[ the Mayor and Common Council make the following findings: • That Monterey II Elementary School is consistent with the General Plan • That Alessandro 11 Elementary School is consistent with the General Plan ` That Burbank U Elementary School is consistent with the General Plan • That Wilson II Elementary School is not consistent with the General Plan i EXHIBITS: 1 July 19, 2005 Planning Commission Staff Report for 2 July 19, 2005 Planning Commission Staff Report for Alessandro II Elementa y 3 July 19, 2005 Planning Commission Staff Report for Burbank II Elementary 4 July 19, 2005 Planning Commission Staff Report for Wilson lI Elementary 5 July 14, 2005 Memo from Police Chief Garrett Zimmon regarding the proposed j site for Wilson II Elementary School 6 Letter dated July 15, 2005 from Valerie Ross, Deputy Director/City Planner to Wael Elatar, Facilities Administrator 7 Letter dated July 18, 2005 from Wael Elatar,Facilities Administrator to Valerie IRoss, Deputy Director/City Planner I j i i i EXHIBIT 4 SUMMARY CITY OF SAN BE RNARDINO PLANNING DIVISION CASE: General Plan Consistency Determination for the Proposed Wilson If Elementary School AGENDA ITEM: 9 HEARING DATE: July 19, 2005 WARD: 7 OWNER: Various APPLICANT: San Bernardino City REPRESENTATIVE: Unified School District URS Group, Inc. 777 N. "F"Street 10723 Bell Court San Bernardino, CA 92410 Rancho Cucamonga, CA 921730 909-381-1100 909-980-4000 REQUEST/LOCATION: A request from the San Bernardino City Unified School District for a determination that land acquisition and development of the proposed Wilson II Elementary School would be consistent with the City General Plan. The site is approximately 8.5 acres, bounded by "F" Street on the east, "G" Street on the west, 26`h Street on the north and Arrowview Middle School on the south, located in the RS, Residential Suburban land use district. CONSTRAINTS/OVERLAYS: None ENVIRONMENTAL FINDINGS: ® Not Applicable ❑ Exempt, Previously approved Negative Declaration • No Significant Effects • Potential Effects, Mitigation Measures and Mitigation Monitoring/Reporting Plan STAFF RECOMMENDATION: ❑ Approval ❑ Conditions a Denial ❑ Continuance to: • General Plan Consistency Determination Wilson 1I Elementary School Site • Planning Cormmssion Hearing Date: 7, 19/05 REQUEST AND LOCATION Page 2 The San Bernardino City Unified School District (District) has requested a determination from the Planning Commission that land acquisition and development of the proposed Wilson II Elementary School would be consistent with the City General Plan (Attachment A). The subject 8.5-acre site is located at the southeast comer of 26`h Street and "G" Street, adjacent to the northern boundary of Arrowview Middle School (Attachment B) in the RS, Residential Suburban land use district (Attachment C). The site is proposed for development of Wilson II Elementary School, a 32-classroom facility that would accommodate 900 students(Attachment D). SETTING AND SITE CHARACTERISTICS The site proposed for development of Wilson II Elementary School is approximately 8.5 acres in area, located in an existing single-family residential neighborhood. There are 40 single family residences on the proposed site, built primarily in the late 1920's and the 1930's. The properties are well maintained and some of the homes have undergone major improvements recently. 80% of the homes in this area are owner-occupied, and the only vacant lot in the area is owned by the adjacent homeowner. Land uses surrounding the site include: North: Residential uses in the RS district. South: Arrowview Middle School East: Residential uses in the RS district. West: Residential uses in the RS district. CALIFORNIA ENVIRONMENTAL QUALITY ACT(CEQA) The determination of consistency with the City General Plan is not a project subject to CEQA. The San Bernardino City Unified School District would be the lead agency for the project of acquisition and development of a school site. BACKGROUND Section 21151.2 of the Public Resources Code requires the governing board of a school district to provide written notice to the Planning Commission with jurisdiction prior to acquiring property for expansion or development of a school. Section 65402 of the Government Code requires the Planning Agency to respond within 40 days to the School District with a report on consistency of the proposed school facility with its General Plan. Failure to respond within 40 days is deemed a finding of consistency. If the Planning Agency finds that the proposed facility is not consistent with the General Plan, the governing body of the school district may overrule the finding and carry out its program. • I h General Plan Consistency Deterrmnation Wilson If Elementary School Site Planning Commission Eleanng Date: 7.19.05 • Page 3 Wilson 11 is one of several sites under consideration by the District for land acquisition and development of new schools to meet the growing demand for classroom space in the City of San Bernardino. Notification to the Planning Commission for a determination of General Plan consistency will be required for each proposed school site. The District has informed the City of its facility needs assessment and has met with City representatives to discuss site selection alternatives on various occasions. Despite serious concerns and opposition expressed by the City, the Uistrlct's plaruung process for the Wilson II facility has advanced to the final steps required prior to site acquisition. The District has commenced environmental review pursuant to CEQA, and is now seeking a determination of General Plan Consistency, FINDINGS AND ANALYSIS When the General Plan was adopted in 1989, existing public schools were designated PF, Public Facilities. Potential school sites were not specifically identified, but addressed through the goals, objectives, and policies in the General Plan. General Plan Objective 1.37 states: "It shall be the objective of the City of San Bernardino to provide for the • continuation of existing and development of new parks, schools, government administrative, police, fire, social service, and other public facilities and open spaces in proximity to and compatible with residential uses." In accordance with this objective, the San Bernardino City Unified School District proposes to develop a new school site to serve the needs of elementary school children residing in the area currently served by Wilson Elementary School. Unfortunately, the specific site proposed by the District for development of Wilson II is located in a very stable, well-maintained and cohesive neighborhood. Demolition of 40 existing homes and vacation of a segment of 25"'Street as proposed would impact the existing neighborhood adversely. This would not be compatible with the surrounding residential area, and therefore would conflict with General Plan Objective 1.37. General Plan Objective 1.6 states: "It shall be the objective of the City of San Bernardino to control the development of land uses which may adversely impact the character of the City and quality of life of its residents." Although it is often necessary to demolish existing structures and displace residents and businesses from existing neighborhoods to provide much-needed public facilities, development of the site proposed for Wilson II Elementary School would be detrimental • to the character of the City and the quality of life of its residents. Most of the sites proposed by the District for development of new schools require displacement of General Plan Consistency Determination Wilson 11 Elementary School Site • Planning Commission Hearing Date. 7!19:'05 Page 4 residents and other existing facilities. However, these other sites generally exhibit a wide variety of building types and varying levels of property maintenance, interspersed with vacant parcels. The site proposed for development of Wilson II Elementary School is part of a fully developed, stable and cohesive neighborhood, evidenced by the high level of owner occupancy. It is a fine example of a 70-yr. old neighborhood that has stood the test of time and continues to thrive. Intrusion into this neighborhood with the demolition of 40 homes would also eliminate numerous examples of Tudor Revival and California Bungalow architecture that currently enhance the character of the community, General Plan Policy 8.7.1 states: "It shall be the policy of the City of San Bernardino to monitor the residential growth of the City and work with the local school districts to expand facilities and services to meet educational needs." I The City has been a willing and active partner in site selection for various school facilities planned by the San Bernardino City Unified School District to meet the educational needs of the residents of San Bernardino. The site selected by the District for development of Wilson II is not consistent with General Plan Objectives 1.37 and 1.6. The City has proposed alternate locations for the District to consider, and the City is willing to continue working with the District to identify an appropriate alternative site, pursuant to Policy 8.7.1. CONCI,USION The goals and policies of the General Plan support development of school facilities, as needed to serve the community. The site proposed by the San Bernardino City Unified School District would serve the student enrollment demand from surrounding neighborhoods. However, it would have unacceptable impacts on the neighborhood selected for acquisition, to the detriment of the surrounding community. Staff is recommending a finding that development of Wilson II Elementary School, as proposed, would not be consistent with the General Plan, based on the following concerns about the particular site under consideration: The proposal would break up a stable neighborhood with 80% owner occupancy, something the City of San Bernardino is striving to achieve in other areas. ` The proposal would require vacation of 25`h Street, making 26'h Street the first available east-west street between "F"and "G"streets north of Highland Avenue. Local circulation is already impeded by Arrowview Middle School. ` The existing neighborhood is already impacted by traffic related to dropping off and picking up students at Arrowview Middle School. Addition of another school site at the proposed location will increase this traffic. The location of Arrowview Middle school on a major thoroughfare increases the • potential for outside influences on the middle school students, including exposure to r General Plan Consistency Determination Wilson If Elementary School Site Planning Commission Hearing Date: 719'05 • Page 5 gangs. The Police Department recommends against introducing elementary school students adjacent to this particular middle school. RECOMMENDATION Staff recommends that the Planning Commission make a finding that acquisition of the site proposed for development of Wilson II Elementary School is not consistent With the City General Plan. Respectfully submitted, k4ivG- 9#0' JJl - James Funk Director of Development Services Terri Rahhal Principal Planner • Attachment A Letter received June 24, 2005, requesting consistency determination on behalf of the San Bernardino City Unified School District Attachment B Location Map Attachment C General Plan Land Use Map Attachment D Conceptual Site Plan • 0021 URS ATTACHNi ENT A June 9, 2005 IMr. James Funk, Director Development Services Department City of San Bernardino 300 North "D"Street, 3 d Floor San Bernardino, California 92413 Subject. Notice of Proposed Development of Three Schools and Request for General Plan Conformity Finding (Public Resources Code Section 2115 1.2 and California Government Code Section 65402.x) Dear Planning Commission: URS Corporation (URS) is presently serving as the environmental consultant to Bernardino City Unified School District (the District) to assist in the District's commitme San the California Environmental Quality Act and the required environmental analysis, for the three Proposed elementary school sites: Alessandro 11, Burbank 11, and Wilson II. Pursuant to Govemment Code Section 65402.a, and Public Resources Code Section 21151.2, the District is required to request of the Planning Commission having jurisdiction where Proposed schools are located, notice in writing of the school sites acquisition. Accord ingly, this letter shall serve as formal notice of the proposed acquisitions, as well as a request that the Planning Commission provide written findings to the District that the sites are in conformity with the jurisdiction's adopted General Plan, within 40 days of this letter. 1. Alessandro 11: The Proposed Alessandro I1 Elementary School Site is located southwest the intersection of Baseline Street and Herrington Avenue in the County of San Bernardino, California. The proposed project consists of 40 parcels, and comprises approximately 601,128 square feet, or approximately 13.8 acres. The proposed elementary school will total 32 classrooms and would provide education facilities for 900 students in grades K-6. The jurisdiction's General Plan designates the subject site as Residential Suburban District (RS) and Commercial General District(CG-1). 2. Burbank II: The Proposed Burbank II Elementary School Site is located between West Rialto Avenue, South Allen Street, Valley Street, and Waterman Avenue in the County of San Bernardino, California. The proposed project consists of 43 parcels and comprises approximately 435,600 square feet, or approximately 10.0 acres. The proposed elementary school will total 20 classrooms and would provide education facilities for 600 students in grades K-6. The jurisdiction's General Plan designates the subject site as Residential Low District(RL)and Office Industrial Park District (OIP). • 1 1,R S f U .In 10723 Oetien court n Ran:hn C()C.anronga.CA 91730 U Tel 9C9 980.4000 JUN 2 y F+M 909 9130-1399 DEy OF SAN EERNARDIVo 0 0� 2 of ARMIEruRVrr_�S URS • Mr. lames Funk, Director Development Services Department City of San Bernardino June 9, 2005 Page 2 3. .""Ison IL The Proposed Xk)lson II Elementary School Site is located northwest of the intersection of "F" and 25`h Streets in the County, of San Bernardino, California. The Proposed project consists of 41 parcels, and comprises approximately 370,260 square feet, or approximately 8.5 acres. The proposed elementary school will total 32 classrooms and would provide education facilities for 900 students in grades K-6. The jurisdiction's General Plan designates the subject site as Residential Suburban (RS). The attached figures show the location and conceptual site plans for each of the proposed projects. Your prompt attention to this request for review is appreciated. If there are any questions or need for further information, please call me at (909) 980-4000. Sincerely, URS Jeffry S. Rice, AICP Manager, Environmental and Planning Attachments: Figure 1, Regional Vicinity Map - Alessandro II Figure 2, Project Location Map-Alessandro II Figure 3, Project Land Use Map—Alessandro 11 Figure 1, Regional Vicinity Map—Burbank II Figure 2, Project Location Map—Burbank 11 Figure 3, Project Land Use Map—Burbank 11 Figure 1, Regional Vicinity Map — Wilson II Figure 2, Project Location Map— Wilson II Figure 3, Project Land Use Map— Wilson 11 Cc: Melinda Pure, Facilities Planning and Development, SBCUSD Wael Elatar, Facilities Administrator, SBCUSD Terry Gardner, TLG Real Estate/Public Finance i i 00.23 7 t� c Eli- Viv • '�� � r�1' WIR 034 6 ir —REDII � R. FIN krl i �r1 a .1 mag�■`i NUFNI� IML kt"on .ro 1 School Efamentary School Middle School High Schools Abraham Railroad I Arrowhead Elementary 2 mile radius 2 Parkside Elementary 0 Riley Elementary City-f Sa-Bernardino 3 Marshall Elementary o. Elementary • Riley Elementary Davidson Park N Wlson Elementary 6 Howard Inghram,Elementary Golden Valley Middle 13 Middle 14 San Bernardino High • . CITY OF , • PROJECT: Wilson if PLANNING DIVISION Elementary LOCATION NORTH LAND USE DISTRICTS HEARING DATE: 7/19/05 BFI AN Wvrm �-" - -'�• • i mss. - ('UU.R i LAND DRIVE Ni ti. YF :'6TH STHEET tc 404 > t y Lrf r _ � y \i lido \\ d - vIIIIUI I �I Ilulll 1 Ott FIiG; Lqj"en Feet 1 50 100 200 PROPOSED • . Wilsn April 2005 • Elementary School San Bernardino City unified School District Figure C i EXHIBIT 5 • City of Sao Bernardino � ►� San Bernardino Police Department i Interoffice Itlemorandum �ItJO .CES F; T To: Valerie Ross, Senior Planner From: Garrett W. Zimmon, Chief of Police Subject: 11 Pruposed School Site Date: July 14, 2005 Copies: Maryanne Milligan, City Attorney's Office I feel it is important that the Police Department share some concerns this agency has over the location selected for the proposed Wilson II School. During a previous meeting between City staff and San Bernardino City School District (SBCSD) staff, it was disclosed that the SBCSD was planning on constructing Wilson II Elementary School north of the existing Arrowview Middle School, south of 261h Street, east of G Street and west of F Street. The Police Department has concerns with the construction of a new elementary school in that . area for the following reasons: • This will build a school next to the middle school, which is located on a main street (Highland). That school, due to 1) its fronting Highland and 2) the age of the attendees, will attract gang members and other suspects who like to hang around schools. Needless to say, that issue could have an impact on the students attending the elementary school as well as additional public safety problems for the Police Department. • This is predominately a residential area. Thus, the traffic patterns created in the neighborhoods by parents who pick up and drop of kids will significantly impact the neighborhood. That issue has become a major problem for neighborhoods throughout Southern California as it really impacts people who live in the surrounding community. • Finally, it will close the east/west streets north of the existing Arrowview Middle School— the surrounding neighborhoods or streets.thereby causing residents and drivers to go several blocks before they can access some of THE SBPD IS COMMI1TED TO PROVIDING' PROGRESSIVE QUALITY POLICE SERVICE; A SAFE ENVIRONMENT TO IMPROVE.THE QUALITY OF LIFE; A REDUCTION IN CRIME THROUGH PROBLEM RECOGNITION AND PROBLEM SOLVING 00 <?�, EXHIBIT 6 DEVELOPMENT SERVICES DEPARTNIENT ,i 300 North -D"Street•San Bernardino •CA 92418-0001 Planning k Building 909.384.5057• Fax: 909 384 5080 San Bernar ino Public Works/Engineering 909.384.5111 •Fax: 909.384.5155 www.sbcity org Julv 15, 2005 I VIA FASCEMILE AND U.S. MAIL Mr. Wael Elatar Facilities Administrator San Bernardino City Unified School District 777 North"F"Street San Bernardino, CA 9-14 10 Re: Proposed School Sites Dear.Mr. Elatar: On June 21, 2005, I sent you a letter requesting copies of the environmental documents for the proposed Burbank 11 and Alessandro II elementary schools. This letter indicated that I believed that the City is a responsible agency under CEQA and as a responsible agency has both the right and the duty under CEQA to review and comment on the environmental documents for these proposed school sites. To date, I have not received a response to my inquiry or the environmental documents. I recently became aware from the CEQAnet database through the Governor's Office of Plaru)ing and Research that the public review and comment period ends on July 14, 2005 for the above two j schools. 1 further noticed that the review period for the proposed Nilson I1 elementary school is from June 21, 2005 through July 20, 2005. However, the City has not received a Notice of Intent for any of these schools. Without the opportunity to review the environmental documents and comment on potential environmental impacts and recommend mitigation measures, if any, the City as a responsible agency, cannot represent that %%a can pro%ide services necessary, to these sites. • In addition to the above, proceeding with the environmental determination for Wilson 1I is especially problematic. The City has repeatedly told the District that it has concerns with the 0014. 8 • SaCL SD Proposed S,hool Sites Jul}• 15. 2005 proposed location of this school. Presumably, the environmental document addresses the Page vacation of 25`" Street and Berkeley Avenue to accommodate the school. The City has repeatedly told the District that the City cannot support, and strongiv opposes these street vacations for numerous reasons, including but not limited to the unmitigable impact on traffic on surrounding streets as a result of these street closures. t As it appears that the District failed to follow proper procedures under CEQA by sending any environmental documents to the City who is a responsible agency under CEQA, the City hereby reserves the right to raise any issues which it could have raised during the comment period in any future litigation that may be filed on behalf of City and/or City Municipal Water Department. Furthermore, as a responsible agency, the City is again requesting that the City be sent all notices of intent or notices of preparation of an EIR as well as ani,other environmental documents o j any future school sites located in the City of San Bernardino. f r In closing, the City and City Municipal Water Department are formally opposed to the adoption of;Negative Declarations for Burbank 11, Alessandro 11, and Wilson f1 elementary schools and are requesting that the District extend the review period for at least an additional thirty(30) days to allow the City and Water District to properly respond to these environmental documents. Sincerely, Valerie C. Ross Deputy Director/City Planner C: Members of the S B.C.U.S.D. Board of Education Arturo Delgado, Superintendent, S.B.C.U.S.D. Judith Valles, Mayor James F. Penman, City Atiomev Fred Wilson, City Administrator James Funk, Development Services Director Henry Empeho, Sr. Deputy City Attorney Marianne Milligan, Deputy City Attorney Stacey Aldstadt, General Manager, San Bernardino iNfunicipal Water Department _- - - 00�? EXHIBIT 7 SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT Arturo Delgado, Ed.D. John A. Peukert, Assistant Superintendent, Faciii ies/Opera ions July 18, 2005 Via Hand Delivery and e-mail Valerie C. Ross, Deputy Director/City Planner Development Services Department City of San Bernardino 300 N. "D"Street M San Bernardino, CA 92418-0001 Subject: Identified School Sites Refer to: City of San Bernardino Development Services Department letter, dated July 15,2005 Dear Ms. Ross, Your letter, referenced above, was received at my Office via fax on July 15, 2005. In your letter, you . refer to an earlier letter from you to me, dated June 21, 2005. I and my staff were not aware of this letter. We have conducted a search of our files; cannot find your letter or a record of receiving this letter; and have not had the opportunity to address any request you made in this letter. In response to your current letter, we want you to know that the District desires the City's engagement in such important matters as the current one. We are pleased to extend the review and comment period for the City for thirty days from the date of your letter through Monday,August 15,2005. We will assume that this extension is acceptable to the City of San Bernardino unless we hear otherwise from you by the Close of business on July 21". Copies of the mitigated negative declaration reports for the Alessandro II, Burbank I1 and Wilson II school sites are attached for your review and comment. We would like to suggest a meeting within two weeks to address any preliminary issues or concerns that the City might have identified regarding these reports. One objective of that meeting would be to attempt to resolve most or all of the City's issues, if any,prior to the end of the review period. A second objective would be to establish any necessary follow-up meetings within the review period. Please be assured that the School District has always tried to keep the City involved in new school location and construction matters. In fact, as recently as June 16 , the City Attorney's office made various requests including a written request for the status on CEQA for two of the three identified new school sites that you referred to in your letter: Wilson I1 and Alessandro II (copy attached). As part of our response to that request, the District made available exclusively to the City originals of the entire negative mitigation reports, receipt of which was acknowledged in writing by the City staff. As far as ® we know, these originals are still in possession of the City. It is apparent from your letter, however, that j availability of these originals at the City might not have been brought to your attention. FACIIJTIES MANAGEMENT DEPARTMENT f 777 North F Street•San Bernardino,CA 92410•(909)381 1238•Fax(909)g8S 4218 wael.elatar @sbcusd.k 12,ca.us 0 030 Please also note that, in compliance with the law, the District also made copies available for review by the public at both the Board of Education building front counter at 777 F Street and the City of San I Bernardino Public Library located at 555 West 6'h Street. We also forwarded 12 copies of documents to the State Clearing House for state-wide notification P the . Our actions obviously did not achieve the result desired by both the City and the School District. In order to make this process more effective, the School District commits to involving the City as early as practicable in each new school construction project. Also, we would like to extend our offer to meet with the City staff on a regular basis to include all future new school land acquisition and construction projects within the city limits. In order to expedite uLa response to your letter,we are delivering this letter and the three negative declaration reports in both electronic format(via e-mail)and in hardcopy(via hand delivery). Please feel free to use e-mail as well as hardeopy transmittals for future requests and follow-up actions. Also, I and my staff are available by telephone at(909)381-1238 and by fax at(909) 885-4218. I look forward to working with you on this current matter and on all future matters involving the City and the School District. Sincerely, Wael Elatar • Facilities Administrator cc: Members of the SBCUSD Board of Education Arturo Delgado, Superintendent, SBCUSD - Judith Valles, Mayor, City of San Bernardino James F. Penman, City Attorney, City of San Bernardino Fred Wilson, City Administrator, City of San Bernardino James Funk, Development Services Director,City of San Bernardino Henry Empeflo, Sr Deputy City Attorney, City of San Bernardino Marianne Milligan, Deputy City Attorney, City of San Bernardino Stacey Aldstadt, General Manager, San Bernardino Municipal Water Department 00 3 i • i RNARD��o Cheryl Brown Sp �} John Coute r Kenneth Durr r CITY OF SAN BERNARDINO r 11,1. �r Aa fivdo Enciso Larry Heasley DEVELOPMENT SERVICES DEPARTMENT Jim Morris, Vice-Chair 300 North "D" Street, San Bernardino, CA 92418 Roger Powell Phone: (909)384-5057;'5071 • Fax: (909)384-5080 Mike Sauerhrun, Chair CITY OF SAN BERNARDINO PLANNING COMMISSION MINUTES OF JULY 19, 2005 1. PLANNING AND ZONING LETTE R NO _ . 05-05 (APPEAL NO. 05-10) 2. TENTATIVE TRACT MAP NO. 10296 (EXTENSION OF TIME NO. 05-01) 3• CONDITIONAL USE PERMIT NO. 04-32 4• GENERAL PLAN AMENDMENT NO. 05-09 & CONDITIONAL USE PERMIT NO. 05-10 5• GENERAL PLAN AMENDEMENT NO. 05-03, DEVELOPMENT PERMIT II NO. 05-05, & LOT LINE ADJUSTMENT NO. 05-05 6• GENERAL PLAN CONSISTENCY DETERMINATION—MONTEREY II ELEMENTARY SCHOOL 7• GENERAL PLAN CONSISTENCY DETERMINATION—ALESSANDRO II ELEMENTARY SCHOOL 8• GENERAL PLAN CONSISTENCY DETERMINATION— BURBANK 1I ELEMENTARY SCHOOL 9• GENERAL PLAN CONSISTENCY DETERMINATION— WILSON II ELEMENTARY SCHOOL Page 1 7/19/05 The meeting was called to order by Commissioner Sauerbrun at 7:00 p.m. in the Council Chambers of City Hall. Present: Commissioners Brown, Coute, Durr, Heasley, Morris, and Sauerbrun. Absent: Commissioners Enciso and Powell. Stag Present: Valerie Ross, Deputy Director/City Planner; Aron Liang, Senior Planner; Ben Steckler, Associate Planner; Brian Foote, Assistant Planner; Henry Emperlo, Deputy City Attorney; James Funk, Director; Terri Rahhal, Principal Planner• and Linda Dortch, Development Services Technician. Commissioner Durr led the flag salute. ADMINISTRATION OF O ATH j Brian Foote, Assistant Planner, administered the oath. i I III. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA f There were no public comments. IV. CONSENT AGENDA Valerie Ross, Deputy Director/City Planner stated that Items 2, 3, 6, 7, 8, and 9 were recommended for the Consent Agenda. Commissioner Coute pulled Item 3 for discussion. Commissioner Brown stated that she would abstain on Items 6, 7, 8, and 9. Commissioner Durr made a motion to approve the Consent Agenda. Commissioner seconded the motion. Heasley The motion carried by the following vote: Ayes: Commissioners Brown, Coute, Durr, Enciso, Heasley, Morris, and Sauerbrun. Nays: None. Absent: Commissioners Enciso and Powell. 2. TENTATIVE TRACT MAP NO. 10296 EXTENSION OF TIME NO. 05-01 — A request for a one year extension of time from February 4, 2005 to February 4, 2006 to subdivide approximately 3 acres of land into 12 lots with a minimum lot size of 7,200 square feet located at the northeast corner of Mill and Macy Streets in the RS, Residential Suburban land use district. Environmental Determination: Exempt from CEQA, Section 15332—Infill Development Owner: Dave & Julie Fitzpatrick Applicant: K&C Ventures, Inc. Ward: 0142-151-11, 12, & 17, and 0142-361-08 Ward 3 Page 2 7/19/05 Planner: Ben Steckler The Planning Commission approved a one-year extension of time from February 4, 2005 to February 4, 2006 for Tentative Tract Map No. 10296 based on the previously adopted Findings of Fact and approved Conditions of Approval and Standard Requirements with revised Public Works Requirements (Attachment E). 6• GENERAL PLAN CONSISTENCY DETERMINATION — A request from the San Bernardino City Unified School District for a detcrinination that dc"clopment of the prupused Monterey 11 Elementary School would be consistent with the City General Plan. The site is approximately 17 acres, located on the north side of Ninth Street, approximately 500 feet east of Tippecanoe Avenue in the RM, Residential Medium land use district. Environmental Determination: Not Subject to CE QA QA Owner: SB Schools Finance Corp. Applicant: San Bernardino City Unified School District APN: 0278-061-72, 68 Ward: 1 Planner: Terri Rahhal The Planning Commission continued the General Plan Consistency Determination for Monterey II Elementary School indefinitely. 7• GENERAL PLAN CONSISTENCY DETERMINATION — A request from the San Bernardino City Unified School District for a determination that land acquisition and development of the proposed Alessandro II Elementary School would be consistent with the City General Plan. The site is approximately 13.8 acres, located at the southwest corner of Baseline Street and Herrington Avenue in the RS, Residential Suburban and CG-2, Commercial General land use districts. Environmental Determination: Not Subject to CEQA Owner: Various Applicant: San Bernardino City Unified School District APN' 40 parcels Ward: 6 Planner: Terri Rahhal The Planning Commission continued the General Plan Consistency Determination for Alessandro II Elementary School indefinitely. 8• GENERAL PLAN CONSISTENCY DETERMINATION — A request from the San Bernardino City Unified School District for a determination that land acquisition and development of the proposed Burbank II Elementary School would be consistent with the City General Plan. The site is approximately 10 acres, located at the southeast corner Page 3 0034 7/19/05 of Rialto Avenue and Allen Street in the RS. Residential Suburban and OIP, Office Industrial Park land use districts. Environmental Determination: Not Subject to CEQA Owner: Applicant: Various APN: San Bernardino City Unified School District 43 parcels Ward: I Planner: Terri Rahhal The Planning Commission continued the General Plan Consistency Determination f Burbank II Elementary School indefinitely. or 9. GENERAL PLAN CONSISTENCY DETERMINATION — A request Bernardino City Unified School District for a determination that land acquisition and development of the proposed Wilson II Elementary School would be consistent with th City General Plan. The site is approximately 8.5 acres, bounded by"F" Street on he east, "G" Street on the west, 26`h Street on the north and Arrowview Middle School on the south in the RS, Residential Suburban land use district. Environmental Determination: Not Subject to CEQA Owner: Applicant: Various APN: San Bernardino City Unified School District 41 parcels Ward: 7 Planner: Terri Rahhal The Planning Commission continued the General Plan Consistency Determination for Wilson II Elementary School indefinitely. IV. AGENDA ITEMS 1• PLANNING AND ZONING LETTER NO. 05-0 S APPEAL NO. 05-10 — An appeal eal of the Director's determination that a four-plex apartment structure located at 2194N. McKinley Avenue in the PCR, Public Commercial Recreation land use district has lost its non-conforming status. (Continued from June 21, 2005) Environmental Determination: Exempt from CEQA, Section 15301—Existing Owner/Applicant: Facility APN: Dion Graham Ward: 1191-021-29 Planner: 7 Ben Steckler Page 4 0035 7/19/05 m Tuesday, August 2, 2005 at 7:00 p.m. in the Council Chambers, City Hall, First Floor, 300 North '*D" Street, San Bernardino, California. 18:53 p.m.J 3 Minutes Adopted by: Planning Commissioners: Brown, Coute, Heasley, Morris, and Sauerbrun Date Approved: September 7, 2005 Minutes Prepared by: 1 Linda Dortch Development Services Technician Page 13 3 � 7/19/05 '0 28. Continued. B. Resolution of the Mayor and Common Council of the City of San Bernardino directing the disposition of administrative civil penalties collected pursuant to San Bernardino Municipal Code Chapter 9.93 for violations of the San Bernardino Municipal Code. (Resolution not available at time of printing. MOTION: That the matter be continued to April 7, 2008. XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX STAFF REPORTS Council Office 29. Election Mayor Pro Tempore. Motion to nominate Council Member Derry failed. XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX Development Services 30. Request from the San Bernardino City Unified School District for a determination of consistency with the City General Plan for development of the site proposed for Wilson II Elementary School. (See Attached) (No Cost to City.) Ward 7 No Action Taken MOTION: That the matter be continued to April 7, 2008. Approved MOTION: That the matter be continued to April 19, 2008; to be brought back with a resolution prepared by Special Counsel Sabo. XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX END OF STAFF REPORTS COMMUNITY DEVELOPMENT COMMISSION CONTINUED FROM MARCH 3, 2008 TO BE HEARD AT 4:30 P.M. R31. Joint Public -Hearing - TELACU Housing - San Bernardino IV, Inc., 2008 HOME Funds Loan and Grant Development Agreement (IVDA Redevelopment Project Area). (Backup material was distributed on March 3, 2008, Item No. R18.) Ward 4 (Item Continued on Next Page) 15 03/17/2008 SAN BERNARDINO CITY Arturo Delgado, Ed.D. UNIFIED SCHOOL DISTRICT Superintendent March 14, 2008 Valerie Ross, Director Development Services San Bernardino City Planning Commission 300 North "D" Street, 3rd Floor San Bernardino, CA 92418 Dear Valerie: It is our understanding that the Planning Commission will be making a recommendation to the City Council relative to the Wilson II Project, and we would like an opportunity to prepare our rationale for the great need for this school to proceed in this area. In order to do this we are requesting an extension of the timeframe for the City Council to respond to our letter of February 8, 2008 written by Mr. Wael Elatar relative to this project. We also respectfully request a continuance of the City Council meeting of April 7. Thank you for your consideration. Sincerely, a, a 040 ARTURO DELG D , Ed.D. Superintendent AD:mbg Cc: Mayor Patrick Morris 17 .-�r`3 � OFFICE O T9 SUPERINTENDENT W710 777 North F Street • San Rernardino. CA 92410 • (909) 381-1240 • fax (909) 885-6392 arturo.delgadoi�i)sbcusdlI2.ca.us ORIGINAL CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION From: Valerie C. Ross,Director Subject: Request from the San Bernardino City Unified Dept: Development Services School District for a determination of consistency with the City General Plan for development of the site proposed for Wilson II Elementary School. Date: March 6,2008 MCC Date: March 17,2008 Synopsis of Previous Council Action: August 1, 2005 —The Mayor and Common Council considered the sites proposed for development of Monterey II, Alessandro H, Burbank II and Wilson II Elementary Schools. The Mayor and Council determined that development of Wilson II Elementary School as proposed would not be consistent with the General Plan. The other school sites were determined to be consistent with the General Plan. Recommended Motion: That the Mayor and Common Council find that land acquisition and development of the site proposed for Wilson II Elementary School would not be consistent with the General Plan. Valerie C. Ross Contact person: Terri Rahhal,City Planner Phone: 384-5057 Supporting data attached: Staff Report Ward(s): 7 FUNDING REQUIREMENTS: Amount:N/A Source: (Acct.No.) (Acct. Description) Finance: Council Notes: 413 &//1/0 S of Agenda Item No. Page 2 of 2 CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: Request from the San Bernardino City Unified School District for a determination of consistency with the City General Plan for development of the site proposed for Wilson II Elementary School. Applicant: San Bernardino City Unified School District 777 N. "F" Street San Bernardino, CA 92410 909-381-1100 BACKGROUND: The site proposed by the San Bernardino City Unified School District (District) for development of Wilson 11 Elementary School is bounded by 26`h Street on the north, Arrowview Middle School on the south, "F" Street on the east and "G" Street on the west. In 2005, the Mayor and Council determined that development of Wilson II Elementary School at this location would not be consistent with the General Plan. Since then, the District has prepared a Draft Environmental Impact Report (EIR) pursuant to the provisions of the California Environmental Quality Act (CEQA). In a letter dated February 8, 2008, the District submitted another request for a finding of consistency with the City General Plan. The item was presented to the Planning Commission on March 4, 2008. All pertinent background information and analysis is attached in the March 4, 2008 staff report to the Planning Commission as Exhibit 1. The District's Draft EIR for Wilson II Elementary School is appended on a compact disk as Exhibit 2. On March 4, 2008, the Planning Commission referred this item to the Mayor and Council with a recommendation that the Mayor and Council determine that development of Wilson 11 Elementary School at the site proposed by the District would not be consistent with the General Plan. The vote of the Planning Commission was unanimous, with Commissioners Coute, Dailey, Heasley, Mulvihill and Sauerbrun present. Commissioners Hawkins, Longville, Munoz and Rawls were absent. FINANCIAL IMPACT: None RECOMMENDATION That the Mayor and Common Council find that land acquisition and development of the site proposed for Wilson II Elementary School would not be consistent with the General Plan. EXHIBITS: 1 March 4, 2008 Planning Commission Staff Report 2 Draft Environmental Impact Report for Wilson II Elementary School (CD) EXHIBIT 1 SUMMARY CITY OF SAN BERNARDINO PLANNING DIVISION CASE: General Plan Consistency Determination for the Proposed Wilson II Elementary School AGENDA ITEM: 3 HEARING DATE: March 4, 2008 WARD: 7 OWNER: Various APPLICANT: San Bernardino City Unified School District 777 N. "F" Street San Bernardino, CA 92410 909-381-1100 REQUEST/LOCATION: A request from the San Bernardino City Unified School District for a determination that land acquisition and development of the proposed Wilson II Elementary School would be consistent with the City General Plan. The site is approximately 8.5 acres, bounded by "F" Street on the east, "G" Street on the west, 26ffi Street on the north and Arrowview Middle School on the south, in the RS, Residential Suburban land use district. CONSTRAINTS/OVERLAYS: None ENVIRONMENTAL FINDINGS: H Not Applicable ❑ Exempt, Previously approved Negative Declaration ❑ No Significant Effects ❑ Potential Effects, Mitigation Measures and Mitigation Monitoring/Reporting Plan STAFF RECOMMENDATION: ❑ Approval ❑ Conditions El Denial Recommendation to MCC ❑ Continuance to: General Plan Consistency Determination Wilson I1 Elementary School Site Planning Commission Hearing Date: 3/4/08 Page 2 REQUEST AND LOCATION The San Bernardino City Unified School District (District) has requested a determination from the Planning Commission that land acquisition and development of the proposed Wilson II Elementary School would be consistent with the City General Plan (Attachment A). The subject 8.5-acre site is located at the southeast corner of 20h Street and "G" Street, adjacent to the northern boundary of Arrowview Middle School in the RS, Residential Suburban land use district. SETTING AND SITE CHARACTERISTICS The site proposed for development of Wilson II Elementary School is located in an existing single-family residential neighborhood. There are 40 single family residences on the site, built mainly in the 1920's and the 1930's. 29 of the homes have been identified as potentially significant historic structures. Land uses surrounding the site include: North: Residential uses in the RS district. South: Arrowview Middle School East: Residential uses in the RS district. West: Residential uses in the RS district. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) The determination of consistency with the City General Plan is not a project subject to CEQA. The District is the lead agency for the proposed project of land acquisition and development of the Wilson II school site. The District has prepared a Draft Environmental Impact Report (DEIR) for the Wilson II project (Attachment B). Staff has reviewed the DEIR and submitted a comment letter(Attachment C). BACKGROUND State Law requires a local school district contemplating acquisition and development of a new school site to request a determination from the planning agency with jurisdiction that development of a school at the proposed site would be consistent with the local agency's General Plan. If the planning agency finds that the proposed school project would not be consistent with the General Plan, the district may overrule the finding and go forward with the school development project with a 2/3 majority vote of its governing board. The District submitted a General Plan Consistency Determination request to the City for the proposed Wilson II site in 2005. The Planning Commission tabled the item and the Mayor and Common Council found that development of Wilson II Elementary School as proposed would not be consistent with the General Plan. Staff reports to the Planning Commission and Mayor and Common Council and other materials related to the 2005 General Plan Consistency Determination are compiled in Attachment D. General Plan Consistency Determination Wilson II Elementary School Site Planning Commission Hearing Date: 3/4/08 Page 3 ANALYSIS/CONCLUSION In the request for a new determination of General Plan Consistency(Attachment A)the District calls attention to the new information presented in the DEIR(Attachment B). Staff does not find any new information in the DEIR that would change the analysis and recommendations concerning the Wilson II Elementary School project as presented in the staff reports prepared in 2005 (Attachment D). In fact,the DEIR acknowledges that the project is inconsistent with the General Plan, and concludes that this conflict with the General Plan constitutes a significant environmental impact with no feasible mitigation, requiring the School Board to adopt overriding considerations in order to approve the project. RECOMMENDATION Staff recommends that the Planning Commission forward the request for a General Plan Consistency Determination for the Wilson II Elementary School site to the Mayor and Common Council, with a recommendation to find the proposed school site is not consistent with the General Plan. Respectfully submitted, Valerie C. Ross Director of Development Services L Terri Rahhal Deputy Director/City Planner Attachment A Letter dated February 8, 2008 from the San Bernardino City Unified School District,requesting a General Plan Consistency Determination Attachment B Draft Environmental Impact Report (DEIR) for the proposed Wilson II Elementary School (CD) Attachment C City Comment Letter dated February 14, 2008, regarding the Wilson II Elementary School DEIR. Attachment D Background Documents concerning the General Plan Consistency Determination of 2005. ATTACHMENT A Delgado, Ed.D. TTI TSAN BERNARDINO CITY Arturo Superintendent UNIFIED SCHOOL DISTRICT John A. Peukert, Assistant Superintendent, Facilities/Operations February 8, 2008 Valerie Ross, Director Development Services Department City of San Bernardino 300 North "D" Street, 3rd Floor San Bernardino, California 92418 Re: Request for Planning Commission Interpretation Request for General Plan Conformity Finding based on Additional Technical Reports The San Bernardino City Unified School District (SBCUSD) is formally resubmitting the proposed Wilson II Elementary School to the Planning Commission having jurisdiction where the proposed school is to be located. We include supplemental information to our June 9, 2005 previous Notice and to the subsequent hearing held on July 19, 2005. As you are probably aware, the District conducted a Scoping Session with the City in early 2007 and held a formally noticed Scoping Meeting at Arrowview Middle School on February 8, 2007. Comments were received and considered in preparation of the Draft EIR enclosed herewith. Further, a formally noticed Draft EIR Public Hearing was held at Arrowview Middle School on January 31, 2008. We are requesting that the Planning Commission provide written findings to the District stating the site is in conformity with the jurisdiction's adopted General Plan. The proposed project site is bounded by 26th Street to the north, F Street to the east, G Street to the west and Arrowview Middle School to the south in the City of San Bernardino. The approximately 8.5 acre project site includes 40 existing single family residential units and an approximately 31,000 square foot vacant lot. The jurisdiction's General Plan designates the subject site as Residential Suburban (RS). The enclosed Final Draft Environmental Impact Report includes additional reports including a Traffic Report and Parking Study that includes a number of mitigation measures for circulation. These reports also document that parking will be sufficient for the new school and not overlap with demands from the neighboring Arrowview Middle School. Additionally, the District will modify enrollment at the Arrowview Middle School by relocating all 6th grade students to their home schools and the new Wilson II campus. This will further mitigate traffic impacts in the vicinity due to relocation of approximately 300 students at Arrowview Middle School. Your prompt attention to this request for review and recommendation is appreciated. If there are any questions or need for further information, please contact me at(909) 381-1238. incer�elyy, h� Wael Elatar Facilities Administrator Attachments: Final Draft Environmental Impact Report with Appendices. FACILITIES/OPERATIONS DIVISION 777 North F Street • San Bernardino, CA 92410 • (909) 381.1238 • Fax (909) 885.4218 www.sbcusdfacilities.com ATTACHMENT C DEVELOPMENT SERVICES DEPARTME.'VT 300 North"D"Street•San Bernardino•CA 92418-0001 909.384.5057•Fax: 909.384.5080 Sa» Belmar 1110 Public Works Fax: 909.384.5155 •www.ci.sar.-bernardino.ca.us February 14, 2008 Jorge Mendez, Project Manager San Bernardino City Unified School District 777 North "F" Street San Bernardino, CA 92410 RE: Draft Environmental Impact Report (DEIR) for the proposed Wilson II Elementary School Dear Mr. Mendez: The Development Services Department of the City of San Bernardino has reviewed the above referenced DIER, and hereby submits comments to be addressed in the Final Environmental Impact Report (FEIR) pursuant to the requirements of the California Environmental Quality Act (CEQA). Please respond with revisions and additional analysis as requested before presenting the Wilson II Elementary School project to the Board of Education for a final decision. 1. Traffic Impact Mitigation: The DEIR identifies a significant adverse impact of the proposed project at the intersection of 28`x' Street and E Street. The addition of project- related traffic to this intersection is predicted to degrade the projected 2010 operation of the intersection to Level of Service F. A traffic signal is identified as being required to mitigate this impact. The mitigation measure proposed in the DEIR is a 5.45% contribution to the cost of a traffic signal. Since the traffic signal is needed to mitigate "opening day" impacts, it must be installed prior to occupancy of the school site. The fair j share approach identified in the DEIR does not identify how the other 94.55% will be funded. The fair share approach used assumes that all other "new" traffic (growth) added to this location by other new development in the area will participate in the cost of the traffic signal. Unfortunately, the area is essentially built out, the District will be removing houses for the school, and there is scant opportunity for other new development in the vicinity to contribute toward the cost of the traffic signal. Other than the project traffic, all other fixture new traffic (growth) identified at this location is attributable to future development that will mostly occur outside of the area. This makes it impossible for the City to collect a fair share from all other future new development that contributes traffic to the subject intersection. It is not practical to expect that the City will actually install the traffic signal after collecting small fair share amounts from hundreds of projects that are outside of the project vicinity. The proposed mitigation fails to adequately mitigate the identified impacts. Mitigation Measure 4.15-1 should be revised to require installation of a traffic signal at the intersection of 28`" Street and E Street, prior to occupaney, instead of the proposed fair share contribution. Wilson II Elementary School DEIR Comment Letter February 15, 2008 Page 2 of 3 2. Land Use and Cultural Resources: The DEIR correctly concludes that the project would have significant impacts on the existing neighborhood where construction of Wilson 11 Elementary School is currently proposed. No feasible measures were identified that could effectively mitigate inconsistency with the City General Plan or destruction of 29 potentially historic homes. However, these significant impacts could be avoided altogether by selection of an alternate site. The DEIR analysis of alternatives to the proposed project is inadequate and should be revised and expanded to identify a suitable alternative project site to avoid significant impacts to cultural resources and land use. 3. Alternatives: Please provide the following revisions and additional information: A. Revise Exhibit 6.3-1: Alternative Sites. This exhibit incorrectly indicates the location of the existing Wilson Elementary School approximately % mile north of the actual school site. The locations indicated for Alternative Sites 1 and 2 do not match the locations described in the text of the analysis. Either the text or the exhibit should be revised to correct this. B. Add an exhibit to define the Wilson Elementary School Attendance Area. There are numerous references in the DEIR to the attendance area of the school. For instance, the proposed site is apparently preferred by the District because it is in the western portion of the attendance area. The DEIR also notes that alternative sites 1 and 2 are located at the southern edge of the attendance area. However, the attendance area is not defined. C. Quantify the impacts of the alternatives in comparison to the significant impacts of the proposed project. The alternative project analysis is too general, and the conclusions are not supported by empirical data. Instead of making vague statements about alternatives having impacts "similar" to the proposed project, the analysis of each alternative should include a tally of the number and type of structures that would have to be demolished and an assessment of their potential historic value. This description should be compared to the 40 homes (29 potentially historic) that would have to be demolished for the proposed project. D. Analyze potential development of an elementary school campus adjacent to the existing Wilson Elementary School. The alternatives analysis rejects the concept of expanding the existing Wilson Elementary School due to maximum attendance limits (or guidelines`?) set by the State. It may be feasible to develop a separate campus adjacent to the existing school, similar to the plan for construction of Roosevelt 11. If there is any potential for sharing of facilities or amenities like a multi-purpose room, auditorium or ball fields, the acreage required to build the new school could be substantially less than the area required for construction on the proposed project site. Wilson II Elementary School DEIR Comment Letter February 15, 2008 Page 3 of 3 E. Analyze another alternative site that conforms to the District's basic location criteria. In Section 2.3: Objectives, the DEIR states that the new school site should be located in the western portion of the attendance area, and it should not be located on a major roadway. Assuming that the existing Wilson Elementary School is in the eastern portion of the attendance area, the two alternative sites analyzed in the DEIR are in the southeast corner of the attendance area, and both sites are located on Highland Avenue, a major arterial roadway. Neither alternative site meets the basic location criteria established by the District, so at least one other site should be considered and analyzed in the FEIR. Thank you for the opportunity to review and comment on the Draft Environmental Impact Report. When the Final EIR is completed, please submit it to the City with proper notice of the public hearing scheduled to consider certification of the EIR and action on the proposed Wilson II Elementary School project. Sincerely, V&A;V(/. ;�0 VT Terri Rahhal Deputy Director/City Planner Cc: Valerie C. Ross, Development Services Director Robert Eisenbeisz, City Engineer ATTACHMENT D Mayor Judith VaUes Council Members: ,. CITY OF SAN BERNARDINO Esther Estrada Susan L cGin le 300 N. 'D" Street Gordon McGinnis San Bernardino, CA 92418 Neil Derry Website: www.sbcity.org org Chas Kelley San Bern lnn Rikke Van Johnson Wendy McCammack y MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION AND THE SAN BERNARDINO CITY HOUSING AUTHORITY OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING AUGUST 1, 2005 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council, Community Development Commission, and San Bernardino City Housing Authority of the City of San Bernardino was called to order by Mayor/Chairman Valles at 1:37 p.m., Monday, . August 1; 2005, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Roll call was taken by City Clerk Clark with the following being present: Mayor/ Chairman Valles; Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack; City Attorney Penman, City Clerk Clark, Assistant to the City Administrator Sassoon. Absent: None. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): _Mohammed Fawzi Hassan, et al. v. City of San Bernardino, et al. - United States District Court Case No. EDCV 05-328 VAP (SGLx); I E 08/01/2005 35. Resolution of the Mayor and Common Council of the City of San Bernardino adopting the 2005/2006 through 2009/2010 Capital Improvement Program. Staff requested a two-week continuance. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that the matter be continued to the Council/Commission meeting of August 15, 2005. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 36. Resolution of the City of San Bernardino adopting the Five-year Capital Improvement Program (2005-2010) for Measure "I" local expenditures. i Staff requested a two-week continuance. I Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Estrada, that the matter be continued to the Council/ Commission meeting of August 15, 2005. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. i 37. Request for Findings of Consistency with City's General Plan - four proposed elementary school sites - Monterey II, Alessandro II, Burbank II, & Wilson II - San Bernardino City Unified School District Valerie Ross, City Planner/Deputy Director of Development Services, stated that the staff report provides background information on this matter and explains the City's responsibility to make findings of consistency or conformity with the City's General Plan based on provisions that are in the Government Code. She advised that staff had recommended that findings of consistency be made on Alessandro II, Burbank II, and Monterey II—but not on Wilson II. She stated that staff believes that the proposed site for Wilson II is especially problematic in that it would disrupt a stable neighborhood between "F" and "G" Streets around 24' Street, located just north of Arrowview Middle School. It would also require the vacation of some streets and, as noted in a memo from the Police Chief, there are concerns relative to locating a new elementary school i adjacent to a middle school. She stated that the preferred site in staff's opinion 20 08/01/2005 is south of Highland Avenue, east of Sierra Way. However, the District does not agree with the City on this. A memorandum dated August 1, 2005, from the San Bernardino City Unified School District to the City Council regarding General Plan Consistency of Proposed Wilson II Elementary School was distributed to the Mayor and Council. City Attorney Penman stated that the school district would like the Mayor and Council to read and consider the memorandum before making their decision today. Ms. Ross pointed out that the information cited in the memo from the District is correct; however, it is the Mayor and Council's responsibility to interpret the General Plan, and staff does not feel that all of the references cited apply to Wilson Elementary School. Ms. Ross concluded by stating that staff recommends that the Mayor and Council find that the development of Monterey II, Alessandro II, and Burbank II elementary schools is consistent with the City's General Plan, and that development of Wilson II elementary school is not consistent with the City's General Plan. Council Member/Commissioner McCammack stated that she wanted the viewing public to know that the Wilson II Elementary School that is slated to be built behind Arrowview Middle School is not consistent with the City's General Plan, and this is simply the first step in the City's position of opposition to that school. She indicated there would be a lot more to come, and she didn't want anyone to get nervous thinking that they need to be moving tomorrow. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Estrada, that the Mayor and Common Council make the findings that Monterey II Elementary School, Alessandro II Elementary School, and Burbank II Elementary School are consistent with the General Plan; and that Wilson II Elementary School is not consistent with the General Plan. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. COMMUNITY DEVELOPMENT COMMISSION Staff Present: Mayor/Chairman Valles; Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, McCammack; City Attorney Penman, Economic Development Agency Executive Director Van Osdel, City Clerk Clark. Absent: Council Member/Commissioner Johnson. 21 08/01/2005 r Page I of 4 • CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION From: James G. Funk, Director Subject: Requests from the San Bernardino City Unified Dept: Development Services School District for determinations of consistency with the City General Plan for development of four proposed elementary school sites. Date: July 27,2005 MCC Date: August 1, 2005 Synopsis of Previous Council Action: None Recommended Motion: That the Mayor and Common Council make the following findings: • That Monterey II Elementary School is consistent with the General Plan • That Alessandro H Elementary School is consistent with the General Plan • That Burbank II Elementary School is consistent with the General Plan • That Wilson II Elementary School is not consistent with the General Plan James G. Funk Contact person: Terri Rahhal,Principal Planner Phone: 384-5057 Supporting data attached: Staff Report Ward(s): 7 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct. Description) Finance: Council Notes: Agenda Item No. 37 Page 2 of 4 • CITY OF SAN BERNARDINO- REQUEST FOR COUNCIL ACTION_ STAFF REPORT SUBJECT: Requests from the San Bernardino City Unified School District for determinations of consistency with the City General Plan for development of four proposed elementary school sites. Applicant: Representatives: San Bernardino City URS Group, Inc. LSA Associates Unified School District 10723 Bell Court 20 Executive Park Ste. 200 777 N. "F"Street Rancho Cucamonga, CA 91730 Irvine, CA 92614-4731 San Bernardino, CA 92410 909-980-4000 949-553-0666 909-381-1100 BACKGROUND: I Section 21151.2 of the Public Resources Code requires the governing board of a school district to provide written notice to the Planning Commission with jurisdiction prior to acquiring property for expansion or development of a school. Section 65402 or the Government Code requires the Planning Agency to respond within 40 days to the school district with a report on consistency of . the proposed school facility with its General Plan. Failure to respond within 40 days is deemed a finding of consistency. If the Planning Agency finds that the proposed facility is not consistent with the General Plan, the governing body of the school district may overrule the finding and carry out its program. In late June (June 20 and June 24), the San Bernardino City Unified School District (District) submitted requests for findings of consistency with the City General Plan for four proposed elementary school sites: • Monterey II Elementary School, proposed on the north side of Ninth Street, approximately 500 ft. east of Tippecanoe Avenue; • Alessandro II Elementary School, proposed at the southwest comer of Baseline Street and Herrington Avenue; • Burbank II Elementary School, proposed at the southeast corner of Rialto Avenue and Allen Street; • Wilson II Elementary School,bounded by 26`h Street on the north, Arrowview Middle School on the south, "F"Street on the east and"G"Street on the west. Staff prepared reports and recommended findings to present to the Planning Commission on July 19, 2005. The staff reports to the Planning Commission (Exhibits 1-4) contain full analyses of applicable General Plan policies and objectives. Three of the school sites are recommended for findings of consistency with the General Plan, as substantiated in the Planning Commission staff • reports. Development of Wilson II Elementary School at the site proposed by the District would conflict with General Plan Objectives 1.37 and 1.6, which cite the importance of compatibility Page 3 of 4 c with surrounding residential areas, maintaining the character of the community and not adversely impacting the quality of life of City residents. Staff recommends a finding that development of Wilson II Elementary School would not be consistent with the General Plan, based on the following concerns about the proposed site: • The proposal would break up a stable neighborhood with 80%owner occupancy, a model the City is striving to replicate in other areas. • The proposal would require vacation of a segment of 25`h Street, making 26`h Street the first available east-west street north of Highland Avenue, in a neighborhood where local circulation is already impeded by Arrowview Middle School. • The subject neighborhood is already impacted by traffic related to dropping off and picking up students at Arrowview Middle School. Addition of another school site at the proposed location would worsen these impacts. • The location of Arrowview Middle School on a major thoroughfare (Highland Avenue) increases the potential for outside influences on the middle school students, including exposure to gangs. The Police Department recommends against introducing elementary school students adjacent to this particular middle school(Exhibit 5). As lead agency for school site development under the California Environmental Quality Act (CEQA), the District is responsible for environmental analysis of the proposed actions of site acquisition and development. CEQA requires the lead agency to provide notice and an opportunity to review and comment on the draft analysis to all responsible agencies which will . have permitting authority in the future. Responsible agencies typically rely on the CEQA analysis of the lead agency for their permitting actions. The City will have permitting authority for right-of-way improvements and extension and connection to City water and sewer services for all of the proposed school sites in question. Therefore the City is a responsible agency with a substantial interest in the CEQA analysis for the school sites. City staff became aware that the District had circulated Initial Studies and proposed Mitigated Negative Declarations for three of the school sites for which consistency findings had been requested from the City. These CEQA documents were circulated to the State Clearinghouse in Sacramento, but they were not provided to the City, a responsible agency, for review and comment. The City Attorney obtained copies of the documents with a Public Records Act request,just as the formal 30-day comment period was due to expire. In a letter dated July 15, 2005 (Exhibit 6), staff requested that the comment period on the subject j CEQA documents be extended, and that the District send notices and copies of proposed environmental determinations for all current and future projects to the City for review as a responsible agency. The District responded in a letter dated July 18, 2005 (Exhibit 7) that the CEQA comment period would be extended to August 18, 2005. On July 19, 2005, on recommendations from Development Services staff and the City Attorney's office, the Planning Commission tabled all four consistency finding requests with an indefinite continuance, pending further review of the District's development plans and environmental • analysis. In order to meet the 40-day timeframe as specified in the Government Code, staff has scheduled the requested findings of General Plan consistency for action by the Mayor and Page 4 of 4 Common Council. After completing a review of the environmental documents, staff will respond separately to the District within the extended review period agreed to by the District. FINANCIAL IMPACT None. RECOMMENDATION That the Mayor and Common Council make the following findings; ■ That Monterey lI Elementary School is consistent with the General Plan ■ That Alessandro H Elementary School is consistent with the General Plan ■ That Burbank U Elementary School is consistent with the General Plan • That Wilson II Elementary School is not consistent with the General Plan EXHIBITS: 1 July 19, 2005 Planning Commission Staff Report for Monterey II Elementary 2 July 19, 2005 Planning Commission Staff Report for Alessandro II Elementary 3 July 19, 2005 Planning Commission Staff Report for Burbank II Elementary j 4 July 19, 2005 Planning Commission Staff Report for Wilson II Elementary I 5 July 14, 2005 Memo from Police Chief Garrett Zimmon regarding the proposed for Wilson II Elementary cho • site o lso y S of 6 Letter dated July 15, 2005 from Valerie Ros s Deputy Director/City Planner to Wael Elatar,Facilities Administrator 7 Letter dated July 18 2005 from Wael Elatar,Facilities Administrator to Valerie Ross, Deputy Director/City Planner I t i i EXHIBIT 4 • SUMMARY CITY OF SAN BERNARDINO PLANNING DIVISION CASE: General Plan Consistency Determination for the Proposed Wilson II Elementary School AGENDA ITEM: 9 HEARING DATE: July 19, 2005 WARD: 7 OWNER: Various APPLICANT: San Bernardino City REPRESENTATIVE: Unified School District URS Group, Inc. 777 N. "F"Street 10723 Bell Court San Bernardino, CA 92410 Rancho Cucamonga, CA 921730 909-381-1100 909-980-4000 REQUEST/LOCATION: A request from the San Bernardino City Unified School District for a determination that land acquisition and development of the proposed Wilson II Elementary School would be • consistent with the City General Plan. The site is approximately 8.5 acres, bounded by "F" Street on the east, "G" Street on the west, 26`h Street on the north and Arrowview Middle School on the south, located in the RS, Residential Suburban land use district. CONSTRAINTS/OVERLAYS: None ENVIRONMENTAL FINDINGS: Cpl Not Applicable O Exempt,Previously approved Negative Declaration ❑ No Significant Effects O Potential Effects, Mitigation Measures and Mitigation Monitoring/Reporting Plan STAFF RECOMMENDATION: • Approval • Conditions El Denial ❑ Continuance to: • General Plan Consistency Determination Wilson 11 Elementary School Site Planning Commission Hearing Date: 7,19/05 Page 2 REQUEST AND LOCATION The San Bernardino City Unified School District (District) has requested a determination from the Planning Commission that land acquisition and development of the proposed Wilson II Elementary School would be consistent with the City General Plan (Attachment A). The subject 8.5-acre site is located at the southeast corner of 26`h Street and "G" Street, adjacent to the northern boundary of Arrowview Middle School (Attachment B) in the RS, Residential Suburban land use district (Attachment C). The site is proposed for development of Wilson II Elementary School, a 32-classroom facility that would accommodate 900 students(Attachment D). SETTING AND SITE CHARACTERISTICS The site proposed for development of Wilson II Elementary School is approximately 8.5 acres in area, located in an existing single-family residential neighborhood. There are 40 single family residences on the proposed site, built primarily in the late 1920's and the 1930's.The properties are well maintained and some of the homes have undergone major improvements recently. 80% of the homes in this area are owner-occupied, and the only vacant lot in the area is owned by the adjacent homeowner. Land uses surrounding the site include: North: Residential uses in the RS district. South: Arrowview Middle School East: Residential uses in the RS district. West: Residential uses in the RS district. CALIFORNIA ENVIRONMENTAL QUALITY ACT(CEQA) The determination of consistency with the City General Plan is not a project subject to CEQA. The San Bernardino City Unified School District would be the lead agency for the project of acquisition and development of a school site. BACKGROUND Section 21151.2 of the Public Resources Code requires the governing board of a school district to provide written notice to the Planning Commission with jurisdiction prior to acquiring property for expansion or development of a school. Section 65402 of the Government Code requires the Planning Agency to respond within 40 days to the School District with a report on consistency of the proposed school facility with its General Plan. Failure to respond within 40 days is deemed a finding of consistency. If the Planning Agency finds that the proposed facility is not consistent with the General Plan, the governing body of the school district may overrule the finding and cant'out its program. General Plan Consistency Determination Wilson II Elementary School Site Planning Commission[fearing Date: 7!19.'05 • Page 3 Wilson II is one of several sites under consideration by the District for land acquisition and development of new schools to meet the growing demand for classroom space in the City of San Bernardino. Notification to the Planning Commission for a determination of General Plan consistency will be required for each proposed school site. The District has informed the City of its facility needs assessment and has met with City representatives to discuss site selection alternatives on various occasions. Despite serious concerns and opposition expressed by the City, the District's planning process for the Wilson II facility has advanced to the final steps required prior to site acquisition. The District has commenced environmental review pursuant to CEQA, and is now seeking a determination of General Plan Consistency. FINDINGS AND ANALYSIS When the General Plan was adopted in 1989, existing public schools were designated PF, Public Facilities. Potential school sites were not specifically identified, but addressed through the goals, objectives, and policies in the General Plan. General Plan Objective 1.37 states: "It shall be the objective of the City of San Bernardino to provide for the . continuation of existing and development of new parks, schools, government administrative, police, fire, social service, and other public facilities and open spaces in proximity to and compatible with residential uses." In accordance with this objective, the San Bernardino City Unified School District proposes to develop a new school site to serve the needs of elementary school children residing in the area currently served by Wilson Elementary School. Unfortunately, the specific site proposed by the District for development of Wilson II is located in a very stable, well-maintained and cohesive neighborhood. Demolition of 40 existing homes and vacation of a segment of 25`h Street as proposed would impact the existing neighborhood adversely. This would not be compatible with the surrounding residential area, and therefore would conflict with General Plan Objective 1.37. General Plan Objective 1.6 states: "It shall be the objective of the City of San Bernardino to control the development of land uses which may adversely impact the character of the City and quality of life of its residents." Although it is often necessary to demolish existing structures and displace residents and businesses from existing neighborhoods to provide much-needed public facilities, development of the site proposed for Wilson II Elementary School would be detrimental • to the character of the City and the quality of life of its residents. Most of the sites proposed by the District for development of new schools require displacement of General Plan Consistency Determination Wilson 11 Elementary School Site Planning Commission Hearing Date. 7/19/05 • Page 4 residents and other existing facilities. However, these other sites generally exhibit a wide variety of building types and varying levels of property maintenance, interspersed with vacant parcels. The site proposed for development of Wilson II Elementary School is part of a fully developed, stable and cohesive neighborhood, evidenced by the high level of owner occupancy. It is a fine example of a 70-yr. old neighborhood that has stood the test of time and continues to thrive. Intrusion into this neighborhood with the demolition of 40 homes would also eliminate numerous examples of Tudor Revival and California Bungalow architecture that currently enhance the character of the community. General Plan Policy 8.7.1 states: "It shall be the policy of the City of San Bernardino to monitor the residential growth of the City and work with the local school districts to expand facilities and services to meet educational needs." The City has been a willing and active partner in site selection for various school facilities planned by the San Bernardino City Unified School District to meet the educational needs of the residents of San Bernardino. The site selected by the District for development of Wilson II is not consistent with General Plan Objectives 1.37 and 1.6. The City has proposed alternate locations for the District to consider, and the City is willing to continue working with the District to identify an appropriate alternative site, pursuant to Policy 8.7.1. CONCLUSION The a go is and policies of the General Plan su pp ort development of school facilities, as needed to serve the community. The site proposed by the San Bernardino City Unified School District would serve the student enrollment demand from surrounding neighborhoods. However, it would have unacceptable impacts on the neighborhood selected for acquisition, to the detriment of the surrounding community. Staff is recommending a finding that development of Wilson II Elementary School, as proposed, would not be consistent with the General Plan, based on the following concerns about the particular site under consideration: • The proposal would break up a stable neighborhood with 80% owner occupancy, something the City of San Bernardino is striving to achieve in other areas. • The proposal would require vacation of 25`h Street, making 26`h Street the first available east-west street between"F" and"G"streets north of Highland Avenue. Local circulation is already impeded by Arrowview Middle School. • The existing neighborhood is already impacted by traffic related to dropping off and picking up students at Arrowview Middle School. Addition of another school site at the proposed location will increase this traffic. • The location of Arrowview Middle school on a major thoroughfare increases the . potential for outside influences on the middle school students, including exposure to General Plan Consistency Determination Wilson II Elementary School Site Planning Commission Hearing Date: 7119105 • Page 5 gangs. The Police Department recommends against introducing elementary school students adjacent to this particular middle school. RECOMMENDATION Staff recommends that the Planning Commission make a finding that acquisition of the site proposed for development of Wilson II Elementary School is not consistent with the City General Plan. Respectfully submitted, James Funk Director of Development Services Terri Rahhal Principal Planner Attachment A Letter received June 24, 2005, requesting consistency determination on behalf of the San Bemardino City Unified School District Attachment B Location Map Attachment C General Plan Land Use Map Attachment D Conceptual Site Plan i URS ATTACHMENT A i i • June 9, 2005 Mr. James Funk, Director Development Services Department City of San Bernardino 300 North -D" Street, 3`d Floor San Bernardino, California 92418 Subject: Notice of Proposed Development of Three Schools and Request for General Plan Conformity Finding (Public Resources Code Section 21151.2 and California Government Code Section 65402.a) Dear Planning Commission: URS Corporation (URS) is presently serving as the environmental consultant to the San Bernardino City Unified School District (the District) to assist in the District's commitment to the California Environmental Quality Act and the required environmental analysis, for the three proposed elementary school sites: Alessandro 11, Burbank I1, and Wilson II. Pursuant to Government Code Section 65402.a, and Public Resources Code Section 21151.2, the • District is required to request of the Planning Commission having jurisdiction where the proposed schools are located, notice in writing of the school sites acquisition. Accordingly, this letter shall serve as formal notice of the proposed acquisitions, as well as a request that the Planning Commission provide written findings to the District that the sites are in conformity with the jurisdiction's adopted General Plan, within 40 days of this letter. 1. Alessandro II: The Proposed Alessandro II Elementary School Site is located southwest of the intersection of Baseline Street and Herrington Avenue in the County of San Bernardino, California. The proposed project consists of 40 parcels, and comprises approximately 601,128 square feet, or approximately 13.8 acres. The proposed elementary school will total 32 classrooms and would provide education facilities for 900 students in grades K-6. The jurisdiction's General Plan designates the subject site as Residential Suburban District (RS) and Commercial General District(CG-1). 2. Burbank II: The Proposed Burbank II Elementary School Site is located between West Rialto Avenue, South Alien Street, Valley Street, and Waterman Avenue in the County of San Bernardino, California. The proposed project consists of 43 parcels and comprises approximately 435,600 square feet, or approximately 10.0 acres. The proposed elementary school will total 20 classrooms and would provide education facilities for 600 students in grades K-6. The jurisdiction's General Plan designates the subject site as Residential Low District (RL)and Office Industrial Park District (OIP). • D URSGrc,in.Inc. L9 10123 Beil Court D Parx:hn Cucamonga.CA 91730 JUN 2 y 2"�� Tel 909.980.4000 U V J Fi-909.980.1399 "TV OF SAN EERNARDINO 6EVELOPM;:NT SEFtvlCcS DEPART?-lnY r URS • Mr. James Funk, Director Development Services Department City of San Bernardino June 9, 2005 Page 2 3. Wilson Il: The Proposed Wilson II Elementary School Site is located northwest of the intersection of "F" and 25`h Streets in the County of San Bernardino, California. The proposed project consists of 41 parcels, and comprises approximately 370,260 square feet, or approximately 8.5 acres. The proposed elementary school will total 32 classrooms and would provide education facilities for 900 students in grades K-6. "The jurisdiction's General Plan designates the subject site as Residential Suburban(R.S). The attached figures show the location and conceptual site plans for each of the proposed projects. Your prompt attention to this request for review is appreciated. If there are any questions or need for further information,please call me at (909) 980-4000. Sincerely, URS Jeffry S. Rice, AICP Manager, Environmental and Planning Attachments: Figure 1, Regional Vicinity Map - Alessandro II Figure 2, Project Location Map-Alessandro II Figure 3, Project Land Use Map—Alessandro II Figure 1, Regional Vicinity Map—Burbank II Figure 2, Project Location Map—Burbank II Figure 3, Project Land Use Map—Burbank II Figure 1, Regional Vicinity Map —Wilson II Figure 2, Project Location Map—Wilson II Figure 3, Project Land Use Map—Wilson II Cc: Melinda Pure, Facilities Planning and Development, SBCUSD Wael Elatar, Facilities Administrator, SBCUSD Terry Gardner, TLG Real Estate/Public Finance • J f pal �I WIN I � wr a to Q� .a:.:� -191�L� moor," VOISIN an LM 0 1 Wan 1; CL Lauend Eiemen Mr r in Middle School High ems.. School • . Arrowhead Railroad k radius 2 mile •: Elementary • Bernardino City-f San • Riley Elementary Davidson Park 0.5 ♦ 90 Golden Valley • ♦ 13 AfTowview Middle PROJECT 7 Roosevelt Elementary 14 San Bernardino High • • CITY OF SAN BERNARDINO PROJECT: Wilson If PLANNING DIVISION Elernent2ry LOCATION MAP LAND DISTRICTS .WW 4 ■ ■ FF boom- fil l x -�, � -. �.'_ .� . •ter:��;■�;� � ,iit� ' �, � .sue . . �+•-,�� ��` Y so" A 4 If WrTWOME w.� 1w •r * �'• 0U.r,LAN,I DRIVE 777 � 5rh ;>TfSt,- 16TH STREET . " . ;MISL f ♦•� r•►. t �. r i son" v + f 1 +� \1111111 I �t IIUIII +....' .... w...Ji.� +..,_. HIGHLAND AVENUE Legen 5 Feet w PROPOSED 0 50 100 200 Wilson •• April 2005 School District San Bernardino city Unified EXHIBIT 5 iCity of San Bernardino • San Bernardino Police Department p ..•. jINo Interoffice Memorandum �;,�10Es :.4;IT To: Valerie Ross, Senior Planner From: Garrett W. Zimmon, Chief of Police, Subject: Wilson II Proposed School Site Date: July 14, 2005 Copies: Maryanne Milligan, City Attorney's Office I feel it is important that the Police Department share some concerns this agency has over the location selected for the proposed Wilson II School. During a previous meeting between City staff and San Bernardino City School District (SBCSD) staff, it was disclosed that the SBCSD was planning on constructing Wilson II Elementary School north of the existing Arrowview Middle School, south of 261h Street,east of G Street and west of F Street. The Police Department has concerns with the construction of a new elementary school in that area for the following reasons: • This will build a school next to the middle school, which is located on a main street (Highland). That school, due to 1) its fronting Highland and 2) the age of the attendees, will attract gang members and other suspects who like to hang around schools. Needless to say, that issue could have an impact on the students attending the elementary school as well as additional public safety problems for the Police Department. This is predominately a residential area. Thus, the traffic patterns created in the neighborhoods by parents who pick up and drop of kids will significantly impact the neighborhood. That issue has become a major problem for neighborhoods throughout Southern California as it really impacts people who live in the surrounding community. • Finally, it will close the east/west streets north of the existing Arrowview Middle School— thereby causing residents and drivers to go several blocks before they can access some of the surrounding neighborhoods or streets. • THE SBPD Is COMMrrrED TO PROVIDING' PROGRESSIVE QUALITY POLICE SERVICE; A SAFE ENVIRONMENT TO IMPROVE THE QUALITY OF LIFE; A REDUCTION IN CRIME THROUGH PROBLEM RECOGNITION AND PROBLEM SOLVING EXHIBIT 6 � DEVELOPMENT SERVICES DEPARTMENT • U- 300 North "D"Street•San Bernardino •CA 92419.0001 Planning & Building 909.384.50S7•Fax: 909.384 5080 SanSan Bernar ino Public Works/Engineering 909.384.5111 •Fax. 909.384.5155 www.sbcity.org E Julv 15, 2005 i VIA FASCEMILE AND U.S. MAIL Mr. Wael Elatar Facilities Administrator San Bernardino City Unified School District 777 North"F" Street San Bernardino, CA 92410 • Re: Proposed School Sites Dear Mr. Elatar: On June 21, 2005, I sent you a letter requesting copies of the environmental documents for the proposed Burbank 11 and Alessandro II elementary schools. This letter indicated that I believed that the City- is a responsible agency under CEQA and as a responsible agency has both the right and the duty under CF-QA to review and comment on the environmental documents for these proposed school sites. To date, i have not received a response to my inquiry or the environmental documents. I recently became aware from the CEQAnet database through the Governor's Office of Planr}ing and Research that the public review and comment period ends on July 14, 2005 for the above two schools. 1 further noticed that the review period for the proposed Wilson II elementary school is from June 21, 2005 through July 20, 2005. However, the City has not received a Notice of Intent for any of these schools. Without the opportunity to review the environmental documents and comment on potential environmental impacts and recommend mitigation measures, if any, the City as a responsible agency,cannot represent that we can provide services necessary to these sites. In addition to the above, proceeding with the environmental determination for Wilson 11 is especially problematic. The City has repeatedly told the District that it has concerns with the i SBCL' 13 • Proposed School Sues July 15.2005 Page 2 proposed location of this school. Presumably, the environmental document addresses the vacation of 25`" Street and Berkeley Avenue to accommodate the school. The City has repeatedly told the District that the City cannot support, and strongly opposes these street vacations for numerous reasons, including but not limited to the unmitigable impact on traffic on surrounding streets as a result of these street closures. As it appears that the District failed to follow proper procedures under CEQA by sending anv environmental documents to the City who is a responsible agency under CEQA, the City hereby reserves the right to raise any issues which it could have raised during the comment period in any future litigation that may be filed on behalf of City and/or City Municipal Water Department. Furthermore, as a responsible agency, the City is again requesting that the City be sent all notices of intent or notices of preparation of an EIR as well as any other environmental documents for any future school sites located in the City of San Bernardino. In closing, the City and City Municipal Water Department are formally opposed to the adoption of Negative Declarations for Burbank 11, Alessandro 11, and Wilson [1 elementary schools and are requesting that the District extend the review period for at least an additional thirty(30) days to allow the City and Water District to properly respond to these environmental documents. Sincerely, Valerie C. Ross Deputy Director/City Planner c: Members of the S.B.C.U.S.D. Board of Education Arturo Delgado, Superintendent, S.B.C.U.S.D. Judith Valles, Mayor James F. Penman, City Atiomey Fred Wilson, City Administrator James Funk, Development Services Director Henry Empetio, Sr. Deputy City Attorney Marianne Milligan, Deputy City Attorney Stacey Aldstadt, General Manager, San Bernardino Municipal Water Department EXHIBIT 7 ® -... SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT Arturo Delgado, Ed.D. Superintendent John A. Peukert, Assistant Superintendent, Facilities/Operations July 18, 2005 Via Hand Delivery and e-mail Valerie C. Ross,Deputy Director/City Planner Development Services Department City of San Bernardino 300 N. "D"Street San Bernardino, CA 92418-0001 Subject: Identified School Sites Refer to: City of San Bernardino Development Services Department letter, dated July 15,2005 Dear Ms. Ross, Your letter, referenced above, was received at my office via fax on July 15, 2005. In your letter, you • refer to an earlier letter from you to me, dated June 21, 2005. I and my staff were not aware of this letter. We have conducted a search of our files; cannot find your letter or a record of receiving this letter; and have not had the opportunity to address any request you made in this letter. In response to your current letter, we want you to know that the District desires the City's engagement in such important matters as the current one. We are pleased to extend the review and comment period for the City for thirty days from the date of your letter through Monday,August 15, 2005. We will assume that this extension is acceptable to the City of San Bernardino unless we hear otherwise from you by the close of business on July 215`. Copies of the mitigated negative declaration reports for the Alessandro II, Burbank II and Wilson II school sites are attached for your review and comment. We would like to suggest a meeting within two weeks to address any preliminary issues or concerns that the City might have identified regarding these reports. One objective of that meeting would be to attempt to resolve most or all of the City's issues, if any,prior to the end of the review period. A second objective would be to establish any necessary follow-up meetings within the review period. Please be assured that the School District has always tried to keep the City involved in new school location and construction matters. In fact, as recently as June 16 , the City Attorney's office made various requests including a written request for the status on CEQA for two of the three identified new school sites that you referred to in your letter: Wilson II and Alessandro II (copy attached). As part of our response to that request, the District made available exclusively to the City originals of the entire negative mitigation reports, receipt of which was acknowledged in writing by the City staff. As far as • we know, these originals are still in possession of the City. It is apparent from your letter, however, that availability of these originals at the City might not have been brought to your attention. FACILITIES MANAGEMENT DEPARTMENT 777 North F Street-San Bernardino,CA 92410-(909)381-1238-Fax(909)885-4218 wael.elatar*sbcusd.k12.ca.us Please also note that, in compliance with the law, the District also made copies available for review by the public at both the Board of Education building front counter at 777 F Street and the City of San Bernardino Public Library located at 555 West 6'h Street. We also forwarded 12 copies of the • documents to the State Clearing House for state-wide notification. Our actions obviously did not achieve the result desired by both the City and the School District. In order to make this process more effective,the School District commits to involving the City as early as practicable in each new school construction project. Also, we would like to extend our offer to meet with the City staff on a regular basis to include all future new school land acquisition and construction projects within the city limits. In order to expedite our response to your letter,we are delivering this letter and the three negative declaration reports in both electronic format(via e-mail)and in hardcopy(via hand delivery). Please feel free to use e-mail as well as hardcopy transmittals for future requests and follow-up actions. Also, I and my staff are available by telephone at(909)381-1238 and by fax at(909) 885-4218. I look forward to working with you on this current matter and on all future matters involving the City and the School District. Sincerely, Wael Elatar Facilities Administrator cc: Members of the SBCUSD Board of Education Arturo Delgado, Superintendent, SBCUSD - Judith Valles, Mayor, City of San Bernardino James F. Penman,City Attorney, City of San Bernardino Fred Wilson,City Administrator,City of San Bernardino James Funk, Development Services Director,City of San Bernardino Henry Empeflo, Sr Deputy City Attorney, City of San Bernardino Marianne Milligan, Deputy City Attorney,City of San Bernardino Stacey Aldstadt, General Manager, San Bernardino Municipal Water Department OFRNARD� Cheryl Brown SPA ~°r9 John Coute Kenneth Durr CITY OF SAN BERNARDINO r ,°o Alfredo Enciso DEVELOPMENT SERVICES DEPARTMENT a` Larry Heasley 300 North"D"> Street, San Bernardino,CA 92418 Jim Morris, Vice-Chair Phone: (909)384-5057/5071 • Fax: (909)384-5080 sn its' Roger Powell Mike Sauerbrun, Chair CITY OF SAN BERNARDINO PLANNING COMMISSION MINUTES OF JULY 19, 2005 1. PLANNING AND ZONING LETTER NO. 05-05 (APPEAL NO. 05-10) 2. TENTATIVE TRACT MAP NO. 10296 (EXTENSION OF TIME NO. 05-01) 3. CONDITIONAL USE PERMIT NO. 04-32 4. GENERAL PLAN AMENDMENT NO. 05-09 & CONDITIONAL USE PERMIT NO. 05-10 5. GENERAL PLAN AMENDEMENT NO. 05-03, DEVELOPMENT PERMIT II NO. 05-05, & LOT LINE ADJUSTMENT NO. 05-05 6. GENERAL PLAN CONSISTENCY DETERMINATION—MONTEREY II ELEMENTARY SCHOOL 7. GENERAL PLAN CONSISTENCY DETERMINATION—ALESSANDRO II ELEMENTARY SCHOOL 8. GENERAL PLAN CONSISTENCY DETERMINATION—BURBANK II ELEMENTARY SCHOOL 9. GENERAL PLAN CONSISTENCY DETERMINATION—WILSON II ELEMENTARY SCHOOL Page 1 7/19/05 The meeting was called to order by Commissioner Sauerbrun at 7:00 p.m. in the Council Chambers of City Hall. Present: Commissioners Brown, Coute, Durr, Heasley, Morris, and Sauerbrun. Absent: Commissioners Enciso and Powell. Staff Present: Valerie Ross, Deputy Director/City Planner; Aron Liang, Senior Planner; Ben Steckler, Associate Planner; Brian Foote, Assistant Planner; Henry Empeno, Deputy City Attorney; James Funk, Director; Terri Rahhal, Principal Planner; and Linda Dortch, Development Services Technician. Commissioner Durr led the flag salute. ADMINISTRATION OF OATH Brian Foote, Assistant Planner, administered the oath. III. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA There were no public comments. IV. CONSENT AGENDA Valerie Ross, Deputy Director/City Planner stated that Items 2, 3, 6, 7, 8, and 9 were recommended for the Consent Agenda. Commissioner Conte pulled Item 3 for discussion. Commissioner Brown stated that she would abstain on Items 6, 7, 8, and 9. Commissioner Durr made a motion to approve the Consent Agenda. Commissioner Heasley seconded the motion. The motion carried by the following vote: Ayes: Commissioners Brown, Coute, Durr, Enciso, Heasley, Morris, and Sauerbrun. Nays: None. Absent: Commissioners Enciso and Powell. 2. TENTATIVE TRACT MAP NO. 10296 (EXTENSION OF TIME NO 05-01) — A request for a one year extension of time from February 4, 2005 to February 4, 2006 to subdivide approximately 3 acres of land into 12 lots with a minimum lot size of 7,200 square feet located at the northeast corner of Mill and Macy Streets in the RS, Residential Suburban land use district. Environmental Determination: Exempt from CEQA, Section 15332—Infill Development Owner: Dave & Julie Fitzpatrick Applicant: K&C Ventures, Inc. APN: 0142-151-11, 12, & 17, and 0142-361-08 Ward: 3 Page 2 7/19/05 Planner: Ben Steckler The Planning Commission approved a one-year extension of time from February 4, 2005 to February 4, 2006 for Tentative Tract Map No. 10296 based on the previously adopted Findings of Fact and approved Conditions of Approval and Standard Requirements with revised Public Works Requirements (Attachment E). 6. GENERAL PLAN CONSISTENCY DETERMINATION — A request from the San Bernardino City Unified School District for a determination that development of the proposed Monterey II Elementary School would be consistent with the City General Plan. The site is approximately 17 acres, located on the north side of Ninth Street, approximately 500 feet east of Tippecanoe Avenue in the RM, Residential Medium land use district. Environmental Determination: Not Subject to CEQA Owner: SB Schools Finance Corp. Applicant: San Bernardino City Unified School District APN: 0278-061-72, 68 Ward: 1 Planner: Terri Rahhal The Planning Commission continued the General Plan Consistency Determination for Monterey II Elementary School indefinitely. 7. GENERAL PLAN CONSISTENCY DETERMINATION — A request from the San Bernardino City Unified School District for a determination that land acquisition and development of the proposed Alessandro II Elementary School would be consistent with the City General Plan. The site is approximately 13.8 acres, located at the southwest corner of Baseline Street and Herrington Avenue in the RS, Residential Suburban and CG-2, Commercial General land use districts. Environmental Determination: Not Subject to CEQA Owner: Various Applicant: San Bernardino City Unified School District APN: 40 parcels Ward: 6 Planner: Terri Rahhal The Planning Commission continued the General Plan Consistency Determination for Alessandro II Elementary School indefinitely. 8. GENERAL PLAN CONSISTENCY DETERMINATION — A request from the San Bernardino City Unified School District for a determination that land acquisition and development of the proposed Burbank II Elementary School would be consistent with the City General Plan. The site is approximately 10 acres, located at the southeast corner Page 3 7/19/05 of Rialto Avenue and Allen Street in the RS, Residential Suburban and OIP, Office Industrial Park land use districts. Environmental Determination: Not Subject to CEQA Owner: Various Applicant: San Bernardino City Unified School District APN: 43 parcels Ward: I Planner: Terri Rahhal The Planning Commission continued the General Plan Consistency Determination for Burbank II Elementary School indefinitely. 9. GENERAL PLAN CONSISTENCY DETERMINATION — A request from the San Bernardino City Unified School District for a determination that land acquisition and development of the proposed Wilson II Elementary School would be consistent with the City General Plan. The site is approximately 8.5 acres, bounded by "F" Street on the east, "G" Street on the west, 26th Street on the north and Arrowview Middle School on the south in the RS, Residential Suburban land use district. Environmental Determination: Not Subject to CEQA Owner: Various Applicant: San Bernardino City Unified School District APN: 41 parcels Ward: 7 Planner: Terri Rahhal The Planning Commission continued the General Plan Consistency Determination for Wilson II Elementary School indefinitely. IV. AGENDA ITEMS 1. PLANNING AND ZONING LETTER NO 05-05 (APPEAL NO 05-10) — An appeal of the Director's determination that a four-plex apartment structure located at 2194 N. McKinley Avenue in the PCR, Public Commercial Recreation land use district has lost its non-conforming status. (Continued from June 21, 2005) Environmental Determination: Exempt from CEQA, Section 15301—Existing Facility Owner/Applicant: Dion Graham APN: 1191-021-29 Ward: 7 Planner: Ben Steckler i i Page 4 7/19/05 Tuesday, August 2, 2005 at 7:00 p.m. in the Council Chambers, City Hall, First Floor, 300 North "D" Street, San Bernardino, California. 18:53 p.m.) Minutes Adopted by: Planning Commissioners: Brown, Coute, Heasley, Morris, and Sauerbrun Date Approved: September 7, 2005 Minutes Prepared by: Linda Dortch Development Services Technician Page 13 7/19/05