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HomeMy WebLinkAbout64-Public Works - - - - . ('), ^ File No. 15.30-26P 1 eM OF SAN ..RNARDlltO - RI!QUIIC5T FOR COUNCIL ACnON Recision of Action of 4-3-89 and Adoption of Negative Declaration for Public Works Project No. 89-6, Vacation of a 299' Long Section of Lugo Avenue, North of 4th Street and East of Sierra Way ~ _ From: ROGER G. HARDGRAVE REC'O.-A0)41M6~iot: Dept: Publ i c Works/Engi neertla Ar~ 31 !:4 7: 54 Date: A P r i 1 25, 1989 Synopsis of Previous Council action: 01-03-89 Authorization to Proceed and Plan Approval. Adoption of Negative Declaration and Finding of Consistency with Interim Policy Document 04-03 '89. 1. That the acti on of 4-3-89, to adopt a for Public Works Project No. 89-6, Section of Lugo Avenue, North of 4th Sierra Way, be rescinded. , Jlo. - i ?<: ji Negative Declaratj1{n ~ Vacation of a 2~':'f Street, and East of !~ (") ~ ~ .... , RllCommended motion: 2. That the Negative Declaration (with a response to comments), for Public Works Project No. 89-6, Vacation of a 299' Secti on of Lugo Avenue, North of 4th Street East of Sierra Way, be adopted. '.l. Ji m Robbi ns ,1 i m R i c h a r d son Jim Penman Br'~d. Kil gel:. Contact person: _ Michael W. Grubbs Statf Report, Inltlal to Comments, and Neg. Study, Dec. Phone: Response Ward: 5179 1 Supporting data attached: fUNDING REQUIREMENTS: Amount: Wages on W.O. 01266 Source: (Acct. No.) 001-302-53157 (Acct. Descriotion) Street Vacation Proceedings Finance: ~ i)~ Council Notes: /'1U:-',;' ^......._-1_ 1..__ Il.I_ ~U ark OF SAN _RNARDIWO - REQUM FOR COUNCIL AC1iON STAFF REPORT At their meeting of 3-02-89, the Environmental Review committee recommended adoption of a Negative Declaration for the vacation of a portion of Lugo Avenue, Public Works Project No. 89-6. A 14-day public review period was afforded, from 3-9-89 to 3-22-89. An item for adoption of the Negative Declaration was prepared for the Council meeting of 4-3-89. This item was prepared prior to the end of the public review period, due to agenda deadlines. On 3-21-89, a comment protesting the recommended Negative Declaration was received from Mr. Frank Tracadas, an adjacent property owner. The City of San Bernardino local environmental guidelines require that the Environmental Review Committee respond to comments on recommended environmental determinations. The Planning Department drafted a response to Mr. Tracadas' comments and rescheduled the project at the soonest available Environmental Review Committee meeting for their concurrence. Unfortunately, this item was inadvertently left on the Council agenda and the adoption of the Negative Declaration was premature. At their meeting of 4-20;"89, the Environmental Review Committee recommended adoption of a Negative Declaration with a r-esponse to the comments by Mr. Tracadas. The public review period has already been afforded from 3-9-89 to 3-22-89. We recommend that the previous rescinded, and the Negative Declaration comments received) be adopted. action (with on a 4-3-89 resonse be to 4-25-89 . .j ,... -- - - / C I T Y 0 F SAN B ERN A R DIN 0 INTEROFFICE MEMORANDUM 8804-1505 TO: Gene Klatt, Assistant City Engineer FROM: Tricia D. Thrasher, Planner II SUBJECT: Environmental Review of Public Works Projects D1>.TE: April 24, 1989 COPIES: Mike Grubbs, Engineering Department Vern Nadeu, Real Property Ann Larson-Perbix, Senior Planner At its meeting of April 20, 1989, the Environmental Review Committee recommeded adoption of a Negative Declaration for the following Public Works projects: 3. PUBLIC WORKS NO. 89-6 - Response to comments received on a pro- posed Negative Declaration to vacate a 299 foot portion of Lugo Avenue, north of 4th Street and east of Sierra Way. This Initial Study (see attached) has already receive a 14 day public review from March 9 to March 22. Comments received during the review period have been addressed by the Planning Department and the comments and responses are attached. You must schedule the pro- jects before the Mayor and Common Council for adoption of the Negative Declaration. Please include the Initial Study and Response to Comments with your request for Council Action form. The Planning Department will file the Notice of Determination after adoption of the Negative Declaration and a copy of the Notice will be sent to you. TDT:clp C4 MEMOPWP420 '" . <~'"..... ..... '-'" RESPONSE TO COMMENTS ON PROPOSED NEGATIVE DECLARATION FOR PUBLIC WORKS PROJECT NO. 89-6 The Initial Study for the above referenced project was heard at the Snvironmental Review Committee on March 2, 1989 and a Negative Declaration was proposed. The public review period was from March 9 through March 22, 1989. One letter was received during the public review period (see Attachment "A"). The letter expressed a general protest to the fin- dings that the project would have no significant impacts to aspects of air resources, .water resources, noise levels, land use, cir- culation and aethetics. However, the comments did not identify the significant effects they believed would occur if the vacation of a portion of Lugo Avenue were to occur. It is, therefore, difficult to formulate a response. The proposed street vacation is a condition of approval for Review of Plans No. 88-109, to construct a credit union. Review of Plans Mo. 88-109 received a Negative Declaration on February 2, 1989 and the Notice of Determination was filed on February 8, 1989. Impacts associated with this should have been discussed at that point. The following are responses to the protested items: A. The vacation of a 299 foot section of Lugo Avenue does not create a source that would contribute to air emissions, odors or noise impacts. Vacating the street involves!no construction that would degrade air quality or create noise. The proposed vacation will not create traffic in and of itself. Therefore, vehicular emissions and noise will not be increased due to the proposed vacation (2.a , b.; 5.a.). B. The Street vacation will result in minor decreases in the absorption rates and increases in runoff due to .the paving of an approximately 13,260 square foot area for the new dedicated east/west street required as mitigation under item 9.d. Due to the small size of the increased paved area, this is a less than significant impact. C. The vacation of the street does not affect the use of the land as designated in the Interim Policy Document or the proposed General Plan (6.a.). D. Circulation impacts were discussed and mitigation measures identified in the Initial Study. We believe that potential impacts have been mitigated to be less than significant. E. The letter does not specify what visual impacts the vaca- tion would cause, therefore, no specific response can be made. The Planning Department has not been able to iden- tify any visual impacts that would result from the street vacation itself. - - ,.". ,"--- '-- ,-",,- '-' ,. ~esponse to Comments on Proposed Negative Declaration for Public Works Project No. 89-6 Page 2 The Planning Department believes that the Initial Study adequately discusses potential impacts of the proposed street vacation. If the 8~ecific concerns are with impacts resulting from construction of the proposed credit union, those concerns should have been brought forth during the discussions for that project. Without specific identification, by Mr. Tracadas, of potential impacts that may arise from the proposed street vacation, it is impossible to respond in any More detail then we already have. It is recommended that the Initial Study stand as is. C4 PWP896RES&2 j\TTACHMENT "A" ., ,",,-...- ,-. , "'''''' March 21, 1989 Planning Department CITY OF SAN BERNARDINO 300 North "0" Street San Bernardino, CA. 92418 .-..; . , 1:701""'" r RE: PUBLIC WORKS PROJECT NO. 89-6 PURSUANT to the advertisement in the Sun newspaper dated 3/9/89 we are invited to review the Initial Study Cdated 3/2/89) prepared by the Planning Department as regards the above-referenced proposed project. The following items that you have listed in this study as they pertain to the proposed vacation of a portion of Lugo Avenue between 4th and 5th Streets are protested herewith: #2 Ca) & Cb)-----Pollution and Air Resources #3 Ca) & Cb)-----Drainage and Flooding #5 Ca) -----Noise #6 Ca) -----Change in Land Use #9 Cd) Cf) Cg)---Potential Tr~ffic Hazard and Disjointed Pattern ,. #12 Cb) -----Aesthetics This is not meant to be a limiting listing: there may be other items that will be protested in whole or part and a reservatio~ is made herewith since the aforementioned are just a few of the ~oncerns addressed in your initial study of this project. There are ot~er majpr factors to be considered also. In passing, we note that considerable work has already been done on this project, yet none of the adjoining property owners have been notified! It would be prudent to notify in writing or personally the affected property owners and see if they are in fact agreeable to such a closure before too much additional time is spent on th~s. We o~~ three parcels contiguous to this proposed vacation and adamantly oppose it and especially oppose the manner in which this is being pushed surreptitiously by the Planning Department. We also note that the whole project Cie: street vacation and credit union proposed expansion) is in direct conflict with the new, state mandated General Plan for this City and is in violation of the Pioposed zoning! Please advise us in writing as to the additional steps we must take at this -- time or in the future to protest in part or the whole and to which appropriate governing bodies. I protested certain actions pertinent to this matter at the ORC meeting held in February but was told after my timely letter of protest was filed that I had not posted the appropriate fee which I was not , , " '':It ":<l:'jI.\ , "'\~ "'f '{ "" I~" ,..,,.,' d ';,1' ".' 2 ,., .' ',.'... ~sdon ';:, '",t... .....6 "Ii,'," ' ~;":\1r'."" . ::~';f;' ' ,:8~:.~ I' ~ .f or request" to pay upon .,......1 sub!iitul. I WIlS "tll.tft' that it wu lIet a l.,ttu.tl...test bec:a'iae.$7s.00 I..... Jlet been paidl ". ,. ~er reserve the l'ipt and 1'''' herawith that1f'''~tifie4 $fr ",hift, of any fu~ _ion 011 tliU'proj<<t.,' , '~ you for your e6...,'hjt1Ol'1 intMs utter. tnrly )'OU1'l, A'.. .~/ ". .",' ';'1;\ 'I ?' ~)~ " ',;J;' '.11. Mttk odL)'II1I aead&s, Trutiees ~ North Slerra Way s.a lenal'dllliO, CA. "410 J ~:,."" Shapiro, Attomey-at-Law !- '" :~,~~ l<,~';~~r" ~' ..' ~'" ,,,,, wil%', ~I.!~r,~;l~- t ,,",'':'; :i~;~i';'" ' '; ~ ", t'" J I h. l;~~"i'1 ) ,~ ;{~~'j";:1'~~:~~':(:~~ ~'~('~';ft:l' ". -'< ',:\i! o\~ \l~~~:i:~:,"1 '; hJ~~r'. "/:~\i-,,; ,:' ""i~V""';".-..:':j ~':':" '.:~',:H ,''I....". ." ;', ,{'>',; ;._,'I~~: l~,\, -:111.',\,1. ,~~ . i..I, I., . ~ -!~::,,"1\'" ":,~~ " .' r I 'i~ i:- I \. .'f'.; ,<,'. ,'.. "'. :II'...,,~,~,:~,I, ?;' ::~:,.i11:' ~,,', ,~,f~,:'~ ~ I, ".Jt~~,>" ;J~~( , .. ," ,./," 'II" J' '~'~. """ : /1ill\ ,~> ,.': " J.i';"i;.'~"h '" " " ~~,?\~\,;:":; ':.j:r~:::';~~ ? ';il'.1 .. .\'. '~,." . '~&<';,'-"'t.:;,;i~ i~,"'t .' t,I\:":l','; ''',' \.1'; .." ,., ,C .~. '. f.,' ; I I , ! 't f , I i I l , ' 'I~.. .' " j , 2/2 CITY vF SAN BERNARDIN~ PLAI-tNING DEPARTt...;NT INITIAL STUDY PUBLIC WORKS 89-6 ,,~ 4.' I ' '" .. I Or ~.. ,:. . ' .- ...!,. ' ,- ., "7 J TO VACATE A 299 FPOT;iPORTION: 9F ~GO ,AVENUE NORTH OF. 4TH STREET AND EAST OF SIERRA WAY , March 2, 1989 PREPARED FOR: City of San Bernardino Department of Public Works 300 North "0" Street San Bernardino, CA 92418 714-384-5334 PREPARED BY: Tricia D. Thraaher Planning Departaent 300 Nc;lrth "0" Street San Bernardino, CA 92418 1 l)' 11 ; I . ~ <'j : ~; , j" .. ,. CITY OrSAN BER~"'RDINu "'lM'. PLANNING DEPARTMENT INITIAL STUDY , Public Works 89-6 is to allow a street vacation of a portion of Lugo AvenU8 from 4th street north for a distance of 298.89 feet. Lugo Avenue is a north/south street located one block east of Sierra Way between 4th and 5th Streets. The site is a rectangular-shaped parcel feet totaling 14,944.5 square feet and is area. of local street. It is located.in . 'I 11: faction potential. 50 feet by 298.89 currently a paved an area of lique- . I - ,~'.... , _ J c.J '" """" ,. u CITY OF SAN BERNARDINO PLANNING DEPARTMENT ENVIRONMENTAL IMPACT CHECKLIST ... '" BACKGRO!l~ Application Number: Project Description: Public Works 89-6 Vacation of a 299 + ft. portion of Luqo Avenue. beainnina at 4Th Street and extendina north Location: East of Sierra Way, between 4th and 5th Streets Environmental Constraints Areas: Liquefaction Interim Policy Document: N/A Zoning Designation: N/~ B. ~FYJ~Q~~~Nr~~ IMPACTS Explain answers, where appropriate, on a separate attached sheet. 1. EaItb Re~QY~ Will the proposal result in: Yes No Maybe. a. Earth fill) more? movement (cut and/or of 10,000 cubic yards or x b. Development and/or grading on a slope greater than 15' natural grade? x . c. Development Alquist-Priolo Zone? within the Special Studies x d. Modification of any unique geologic or physical feature? x REVISED 12/87 ~ PAGE 1 OF 8 \.. - - - ,;',"..... , .- "-' "-" -...-I .., Yes No Maybe e. Soil erosion on or off the project site? f. Modification of a channel, creek or river? x x g. Development subject mudslides, other similar within an area to landslides, liauefaction or hazards? x x h. Other? 2. ~IR_RE~QYRCES: Will the proposal result in: a. Substantial an effect quality? b. The creation of objectionable odors? air upon emissions or ambient air x x c. Development within a high wind hazard "area? x 3 . W~TER___EESOURCES: proposal result in: a. Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff due to impermeable surfaces? Will the x b. Changes in the course or flow of flood waters? x c. Discharge into surface waters or any alteration of surface water quality? x d. Change in the quantity or quality of ground waters? x " e. Exposure of people or property to flood hazards? f. Other? x x ~ ~ REVISED 12/87 PAGE 2 OF 8 .,' '- r ------ - , - Yes No "" Maybe .J "....... \-J ("j 4. BIOLOGIC~L R~~9URC~~: proposal result in: could the a. Change unique, species habitat trees? in the number of any rare or endangered of plants or their including stands of b. Change unique, species habitat? in the number of any rare or endangered of animals or their c. Other? 5. NOISE: Could the proposal result in: a. Increases in existing noise levels? b. Exposure of people to exterior noise levels over 65 dB or interior noise levels over 45 dB? c. Other? 6. LAl!P_ USE: result in: Will the proposal a. A change in the land use as designated on the General Plan? b. Development within an Airport District? c. Development within "Greenbelt" Zone A,B, or C? d. Development within a high fire hazard zone? e. Other? ll.. REVISED 10/87 x x x x x x x x x x x PAGE 3 OF 8 .c r .D ':? 7. MAN-MAI2L.H~~~JlP!l : project: Will the a. Use, store, transport or dispose of hazardous or toxic materials (including but not limited to oil, pesticides, chemicals or radiation)? b. Involve the release hazardous substances? of c. Expose people to the potential health/safety hazards? d. Other? 8. HOU~: Will the proposal: a. Remove existing housing or create a demand for additional housing? b. Other? 9. T~N~!,Q~TATIO~LCI~~YIIATION: Could the proposal result in: a. An increase in traffic that is greater than the land use designated on the General Plan? b. Use of existing, new, parking structures? or demand for facilitiesl c. Impact upon existing public transpoltetionsystems? d. Alteration of present patterns of circulation? e. Impact to rail or air traffic? f. Increased safety hazards to vehicles, bicyclists or pedestrians? ... REVISED 10/87 Yes x No Maybe .., x x x x x x x x x x x ~ PAGE 4 OF 8 .c , o (J Yes Maybe "'IIIl g. A disjointed pattern of roadway improvements? . Other? Availability of Street Parking h. 10. rY>>LI~_SERVICES will the proposal impact ~he following beyond the capability to provide adequate levels of service? a. Fire protection? police protection? Schools (i.e. attendance, boundaries, overload, etc.)? b. c. d. Parks or other recreational facilities? e. Medical aid? f. Solid waste? g. Other? 11. UTILITIES: will the proposal: a. Impact the following beyond the capability to provide adequate levels of service or require the construction of new facilities? 1. Natural gas? 2. Electricity? 3. Water? 4. Sewer? 5. Other? Access to utility easements b. Result in a pattern of extensions? disjointed utility c. Require the construction of new facilities? ... REVISED 10/87 No x x x x x x x x x .. x x x x x x x ~ PAGE 5 OF 8 ...-' '" ....... - - r Yes Maybe ""'" 12 . AESTHET1~: a. Could the proposal result in the obstruction of any scenic view? b. Will' the visual impact of the proJect be detrimental to the surrounding area? c. Other? 13. CP~~U~~~~~9QRCES: proposal result in: Could the a. The alteration or destruction of a prehistoric or historic archaeological site? Adverse impacts historic object? c. Other? physical or aesthetic to a prehistoric or site, structure or b. 14. Mandatory Findings of Significance (Section 150651 '" The California Environmental Quality Act states that if any of the following can be answered yes or maybe, the project may have a significant effect on the environment and an Environmental Impact Report shall be prepared. a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate No x x x x x x .) REVISED 10/87 PAGE 6 OF 8 - - -- r .. ...... '.wi 'wi Yes No Maybe "'" important examples of the major periods of California history or prehistory? b. Does the project have the potential to achieve short term, to the disadvantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well into the future. ) x x c. Does the project have impacts which are individually limited, but cumulatively considerable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is signif icant.) x d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? C. DISCUSSION OF ENVIRONMENTAL EVALUATION AND MITIGATION MEASURES (Attach sheets as necessary.) x . . ~ .. REVISED 10/87 PAGE 7 OF 8 - .c -c:;; ENVIRONMENT AL EV ALUA TION AND MITIGATION MEAS~ES log. The site is located in an area identified as having high susceptibility to liquefaction (Carson and Matti, 1986). Mayor and Common Council Resolution 82-345 requires all development (with three exceptions) to prepare a lique- faction report. A street vacation does not constitute development, however, any project approved for the site should the vacation be approved would be subject to the conditions of Resolution 82-345. 9.d. The vacation of a portion of Lugo Avenue could alter the present patterns of circulation. Although, the proposed vacation does not landlock any par- cels, two single-family residences on the east side of Lugo take access from the northern portion not being vacated and two businesses along the west side have rear driveways onto this northern section of Lugo Avenue. The major north/south traffic would be traveling on Sierra Way which is located one block west of the site. However, any traffic traveling south on the remaining section of Lugo Avenue would deadend and have to cross private property to connect with a publicly-dedicated street. To avoid this problem, the Engineering Department is requiring a new dedicated east/west street from the north end of the proposed vacation. The provision of north end of the mitigate impacts insignificance. a new dedicated east/west street from the proposed vacation west to Lugo Avenue would to circulation patterns to a level of 9.h. The proposed street vacation could impact the amount of on- street parking available to surrounding landowners. Busi- nesses and residences to the north of the vacation will retain that area of Lugo Avenue along their frontage as available parking. The two businesses with frontage along the proposed vacation have title to the ~and on both sides of that section of Lugo and with the additional area will be able to provide adequate onsite parking. Therefore, there is no significant impact. . """" .c ::; ENVIRONMENTAL EV ALUA TION AND MITIGATION MEAS~ES .,"'" 1l.a.5. The proposed vacation will not pose an impact on the ability of utilities to access and service their equipment and supply lines in that the city will reserve all existing easements. PCAGENDA:PW89.6 r, , ",..,I CITy OF SAN BERNARDINO ~ DEPARTMENT AGENDA ITEM_ LOCATION CASE PW89-6 March 2, 1989 HEARING DATE . I L..-L-J ~ --r--- I ~.. . I. "J '1'''''' I C-II .0. C-II --~ && ", .,IIt" << -- C-II [] ~ R-S rn ~ ,., CiL nr:d. c-. 51.. ~~ :~.. .. . 4 R'3 , . ~r:oOR -:. I C.4 I W Llli:j ~ [J [] H ':S~~E~:: I ~i ttr;" ~ ~C-. A'P A-P &1" "... C.. A-P A-P Si r S. [:J BBD "'S "'S "0" fI 0- "0 "0. T n . . ( .0. C-II "0" C-II CII C-II "0" I.a elF' "MI.- C-II .0. -- - C-4 C-SA T ~ l~ C-II R-S-ZOI R-3 R-S 'f" R-S R-S R-S .R-S II'Z II-Z R-S R-S II-Z R-S R-' "" ,~... C.II R'S M-I R-S 11'1 C-II p~"', . ...... c~ J '. / ,.: :. ,: .~.- ..... / . l . , I' --, .' -I -' '- DIIl$C~OR ~~ PUILIC WOR/(~ lei;... ING-INIER "".pand II,. L. FOGASSV Sh..t Ch.ck.d II, I V. N tJotIralJ 1 of 1 DATI I DI.~~.. ARIA VACATED SHOWN THUS ZVhW~~ 'ILE NO.115. ](1_ 2.. PLAM MO.I 7511 --.. ....)-- - - STRUT .~ .0' ~ ~ ,. c 2- .... Por 8"-5, R~. 'I''t .... ... .... l- ce .. ~ .... ~ 'Q ~ 3 Q, :l\ ",' '" STRUT "\ Cli CITY OF SAN BERNARDINO PUBLIC HORKS DEPARTMENT ENGINEERING DIVISION REM.. PROfIERTV SECTION STREET I ALLEV VACATION . PORTION OF LUGO AVENUE, NORTH OF 4TH STREET f/tJ -~7-& r D. \.. c .'"\ .-..) "" DETERMI~~TJQ!'l On the basis of this initial study, ~ The proposed project COULD NOT have a significant effect on the environment and a NEGATIVE DECLARATION will be prepared. The proposed project could have a significant effect on the environment, although there will not be a significant effect in this case because the mitigation measures described above have been added to the project. A NEGATIVE DECLARATION will be prepared. The proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. o [J ENVIRONMENTAL REVIEW COMMITTEE CITY OF SAN BERNARDINO, CALIFORNIA Ann Larson-Perbix, Senior Planner Name and Title O~ ~AM1I/1'n-~ PM}j../4 Signature Date: 'l'!1aMlt 3; /Cff't "" . ~ REVISED 12/87 PAGE 8 OF 8 ~ - /"~-" \... c o ::) May IS, 1989 Honorable Mayor and City Councilpersons CITY OF SAN BERNARDINO 300 North "D" Street San Bernardino, CA. 92418 RE:P.W. No. 89-6 Dear Mayor Wilcox and Council: Reference is made to the above-designated project and the decision of the Environmental Review Committee to ignore our concerns regarding the issuing of a negative declaration for this project. Our main concerns are addessed in the attached letters dated 3/2/89 and 4/14/89 to the Planning Department along with their response. Please note that their original review is very general and very broad. They do not give specifics and yet have requested us to do so. Their response is also very general and not based upon existing conditions. We do agree that just the issuing of a negative declaration for the proposed vacation of a part of a street may not have an adverse effect on the environment but the vacation should not be taken as a separate item in this instance from the overall project which is to pave a very large area and add a street across our front office door!!! This street would be added between two major streets midblock--4th and 5th Streets and deadend into another major street, Sierra Way. There are already numerous accidents along Sierra Way in this immediate area and to add another intersection will not only make matters worse but is a very poor planning response to the Credit Union's expansioD plans. We believe there are other ways to do this project without vacating an existing street that has been in existence and use for years as well as impact adversely our business office building. We resent the proposed "island" that is proposed for the Credit Union at the sake of not only our property but at the sake of responsible planning. / Thank you for your review and consideration of this matter. Very truly yours, ~~'. ~~~ Frank and Lynn Tracadas--Owners 463 North Sierra Way San Bernardino, CA. 1 ! , ~I - - ~ c. o . ""'\ .....,; :) March 21, 1989 Planning Department CITY OF SAN BERNARDINO 300 North "0" Street San Bernardino, CA. 92418 RE: PUBLIC WORKS PROJECT NO. 89-6 PURSUANT to the advertisement in the Sun newspaper dated 3/9/89 we are invited to review the Initial Study (dated 3/2/89) prepared by the Planning Department as regards the above-referenced proposed project. The fOllowing items that you have listed in this study as they pertain to the proposed vacation of a portion of Lugo Avenue between 4th and 5th Streets are protested herewith: #2 (a) & (b)-----Pollution and Air Resources #3 (a) & (b)-----Drainage and Flooding #5 (a) #6 (a) -nnNoise -----Change in Land Use #9 (d) (f) (g)---Potential Traffic Hazard and Disjointed Pattern #12 (b) -----Aesthetics This is not meant to be a limiting listing: there may be other items that will be protested in whole or part and a reservation is made herewith since the aforementioned are just a few of the concerns addressed in your initial study of this project. There are other major factors to be considered also. In passing, we note that considerable work has already been done on this project, yet none of the adjoining property owners have been notified! It would be prudent to notify in writing or personally the affected property owners and see if they are in fact agreeable to such a i . closure before too much additional time is spent on this. We own three parcels contiguous to this proposed vacation and adamantly oppose it and especially oppose the manner in which this is being pushed surreptitiously by the Planning Department. We also note that the whole project (ie: street vacation and credit union proposed expansion) is in direct conflict with the new, state mandated General Plan for this City and is in violation of the proposed zoning! Please advise us in writing as to the additional steps we must take at this time or in the future to protest in part or the'whole and to which appropriate governing bodies. I protested ,certain actions pertinent to this matter at the DRC meeting held in February but was told after my timely letter of protest was filed that I had not posted the appropriate fee which I was not 1/2 c. Page 2 Planning Commission RE: P.W. #89-6 c .- V J informed of or requested to pay upon my personal submittal. I was told later that it was not a legitimate protest because a $75.00 fee had not been paid! We further reserve the right and request herewith that we be notified in writing of any future action on this project. Thank you for your co-operation in this matter. Very truly yours, Frank and Lynn Tracadas, Trustees 463 North Sierra Way San Bernardino, CA. 92410 cc: Eugene Shapiro, Attorney-at-Law ;" 2/2 c. RESPONSE TO COMMENTS ON PROPQ''' ") NEGATl VE DECLP'''''ifION FOR pu~tt WORKS PROJECT ',~. 89-6 <, ) -' The Initial Study for the above referenced project was heard at the Environmental Review Committee on March 2, 1989 and a Negative Declaration was proposed. The public review period was from March 9 through March 22, 1989. One letter was received during the public review period (see Attachment "A"). The letter expressed a <general protest to the findings that the project would have no significant impacts to aspects of air resources, water resources, noise levels, land use, circulation and aethetics. However, the comments did not identify the significant effects they believed would occur if the vacation of a portion of Lugo Avenue were to occur. It is, therefore, difficult to formulate a response. The proposed street vacation is a condition of approval for Review of Plans No. 88-109, to construct a credit union. Review of Plans No. 88-109 received a Negative Declaration on February 2, 1989 and the Notice of Determination was filed on February 8, 1989. Impacts associated with this should have been discussed at that point. ' The following are responses to the protested items: A. The vacation of a 299 foot section of Lugo Avenue does not create a source that would contribute to air emissions, odors or noise impacts. Vacating the street involves no construction that would degrade air quality or create noise. The proposed vacation will not create traffic in and of itself. Therefore, vehicular emissions and noise will not be increased due to the proposed vacation (2.a & b.; 5.a.l. B. The street vacation will not result in changes in absorption rates~ (" drai nage patterns or the rate of runoff due to impermeable surfaces / fY (, because it is already paved (3.a.). It wi 11 not result in changes in ~ water courses or flood waters as it is not adjacent to any existing < (~~~~i~YS, and f;Z~~ C~~;~el }n~r~s;~u(c;~; ;Or,.,;h:,;~a~e.~.~.s }.n/;a:l.e .f 0 # ./J, ~N~.... 4 ( ,:/~ 'v r ,n.r"'.--r- . C. The vacation of the street does not affect the use of the land as designated in the Interim Policy Document or the proposed General Plan (6.a.). D. Circulation impacts were discussed and miti9ation measures identified 7 in the Initial Study. We believe that potential impacts have been mitigated to be less than significant. E. The letter does not specify what visual impacts the vacation would I cause, therefore, no specific response can be made. The Planning Department has not been able to identify any visual impacts that would result from the street vacation itself. The Planning Department believes that the Initial Study adequately discusses potential impacts of the proposed street vacation. If the specific concerns are with impacts resulting from construction of the proposed credit union, those concerns should have been brought forth during the discussions for that project. Without specific identification, by Mr. Tracadas, of potential impacts that may arise from the proposed street vacation, it is impossible to respond in any more detail then we already have. It is recommended that the Initial Study stand as is. C4 PWP896RES 4-5-89 c . . ~- ,."" , -" - I~' '-' "April 14, 1989 Attn: ENVIRONMENTAL REVIEW COMMITTEE RE: Public Works Project No. 89-6 I am in receipt of a copy of the Response to Comments on the proposed negative declaration for the above-referenced project. The "Initial Study" and "Environmental IlIJlIlct Checklist" gave no specific information or concrete proven data upon which to comment; consequently, my concerns and questions had to be of the same nature. In your original study and response no specific data was presented on any of the issues we have raised as to what the existing conditions are and what they will be after this proposed vacation would occur. Merely vacating a part of Lugo in itself may not create adverse environmental effects but the subsequent development and usage of the property allowed by the vacation will. To make unsubstantiated statements that this development will not have an adverse effect on the environment is ludicrous. The City abounds with similar such "mistaken" negations. I have yet to see or be given any specific data on the existing conditions and the basis upon which the department's determination has been made..... and I have requested them! The suppositions upon which the statements are made about the conditions after the development takes places ..the same lacking specifics are missing. I understand that certain items were reworded in your hearing of yesterday and it is this kind of dubious generalizations that I specifically address: namely Item 3a--the amount of increase in run-off; 3b--- the Change in flow; Sa--the increase in noise level (you must consider and abate the private parking lot that this vacation will create!). Of greatest concern to me is that I will not allow the creation of street running by my front door as a "mitigating" measure to these proposed vacations! Even 9dnTraffic Flow proposed where none existed before; having a new street intersection into a major flood-bearing street midway between two other major parallel streets create real problems as "mitigating" measures! / il d , I . , J I I 1 The proposed narrow street southerly of our property to accommodate the Credit Union does change the existing flow pattern and does not present the same service as we now enjoy. It is a disjointed, crazy solution to the vacation of a street. As stated before, the mere vacation does not present a problem under the best of circumstances--but this is not the best circumstances and does create severe circulation, parking and subsequent accommodating development problems. ~~4/:~1-'~~ ~ Frank Tracadas