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HomeMy WebLinkAbout11-Development Services ORIGINAL CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION Date: November 6, 2008 Subject: University Hills Specific Plan, SP No. 07- 01; General Plan Amendment No. 08-03; Tentative Parcel Map No. 18969; Tentative Tract Map No. 18696; Tentative Tract Map No. 18140; Development Agreement No. 08-02 - A plan for 980 dwelling units on 404.3 acres located north of the terminus of Campus Parkway. From: Valerie C. Ross, Director Dept: Development Services File: MCC Date: 11/17/2008 Synopsis of Previous Council Action: 08/18/2008 Workshop presentation of the University Hills Specific Plan - no action taken. Recommended Motion: That the hearing be closed, the Resolution be adopted, the Ordinance be laid over for final adoption, and consideration of the Development Agreement be brought back at a later date for consideration. ~ (). i( J#- Valerie C. Ross Contact Persou: Terri Rahhal, City Planner Phone: 3330 Supporting data attached: Staff Report, Resolution, Ordinance Ward(s): 5 FUNDING REQUIREMENTS: Amount: N/ A Source: (Acct. No.) Acct. Description: Finance: Council Notes: ~Gso 2ooJ'-<l2.2- Ol<j) fVI~ - / ;)q / ~ 11/17) O<(j #:3r Agenda Item No. II /;2.- /- oe' CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION STAFF REPORT Subiect: University Hills Specific Plan, SP No. 07-01; General Plan Amendment No. 08-03; Tentative Parcel Map No. 18969; Tentative Tract Map No. 18696; Tentative Tract Map No. 18140; Development Agreement No. 08-02 - A plan for 980 dwel1ing units on 404.3 acres located north of the terminus of Campus Parkway. Baclmround: Please refer to the Planning Commission Staff Report (Exhibit 2), including the supporting docwnents transmitted previously under separate cover for a complete project description, analysis and staff recommendation. On November 5, 2008, the Planning Commission held a public hearing on this project and recommended that the Mayor and Common Council certify the Subsequent Environmental Impact Report, adopt the Facts, Findings and Statement of Overriding Considerations, adopt the Mitigation Monitoring/Reporting Plan, approve Specific Plan No. 07-01, General Plan Amendment No. 08-03, Tentative Parcel Map No. 18969, Tentative Tract Map No. 18696 and Tentative Tract Map No. 18140 based on the Findings of Fact contained in the Planning Commission Staff Report and subject to the Conditions of Approval (Attachment C) as amended by the Planning Commission and Standard Requirements (Attachment D). The Planning Commission also recommended approval of Development Agreement No. 08-02, subject to modifications to ensure payment of Development Impact Fees and to provide for the maintenance of flood control and drainage facilities to be considered for inclusion in the proposed Community Facilities District (CFD). The applicant concurred with the addition of facilities maintenance in a CFD or in a Landscape Maintenance District (LMD), and also agreed to amend the Development Agreement to commit to payment of current Development Impact Fees, subject to fee credits that will be requested. The recommendation of the Planning Commission passed on a vote of 4 -3, with Commissioners Longville, Rawls, Heasley and Sauerbrun voting in favor, and Commissioners Durr, Mulvihil1 and Munoz opposed. Commissioners Coute and Hawkins were absent. Financial Impact: The Conditions of Approval and Standard Requirements recommended for approval of the project, along with the recommended revision of the Development Agreement to require payment of current Development Impact Fees, would ensure a neutral or positive financial impact to the City. Public financing through a Community Facilities District (CFD) is proposed by the Development Agreement. The Council wil1 have discretion to place requirements on the structure of a CFD to minimize financial risk to the City. 2 CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION STAFF REPORT - Continued A Resolution (Exhibit 3) is proposed for approval of the project, including the following: . University Hills Specific Plan (UHSP), SP No. 07-01; . General Plan Amendment No. 08-03, which amends the land use and circulation elements of the General Plan and several Figures of the University District Specific Plan; . Tentative Parcel Map No. 18969, the "master map" which establishes backbone infrastructure and 38 parcels corresponding to planning areas ofUHSP; . Tentative Tract Map No. 18696, a subdivision of3.11 acres for 26 single dwellings . Tentative Tract Map No. 18140, a subdivision of6.9 acres for 44 single dwellings. An Ordinance (Exhibit 4) is proposed to incorporate the University Hills Specific Plan in Chapter 19.10 Special Purpose Districts of the Development Code. Recommendation: That the hearing be closed, the Resolution be adopted, the Ordinance be laid over for final adoption, and consideration of the Development Agreement be brought back at a later date for consideration. Exhibits: I. Location Map 2. Planning Commission Staff Report Attachments A Location Map B* Draft University Hills Specific Plan (disk) C Conditions of Approval as amended by the Planning Commission D Standard Requirements E* Draft Subsequent Environmental Impact Report (disk) F* Final Subsequent Environmental Impact Report and Mitigation MonitoringlReporting Plan (disk) G* Facts, Findings, and Statement of Overriding Considerations (FEIR disk) H Draft Development Agreement * Distributed under separate cover and posted on City web site: www.sbcitv.org 3. Resolution 4. Ordinance 3 EXHIBIT 1 CITY OF SAN BERNARDINO HEARING DATE: 11/17/08 PLANNING DIVISION LOCATION MAP PROJECT: University Hills Specific Plan No. 07-01 CALIFORNIA STA TE UNIVERSITY SAN BERNARDINO L1rlLf: MOUNTAIN RD u NORTH N , " I ~.~ NOr TO"~CALE EXHIBIT 2 PLANNING COMMISSION STAFF REPORT CITY OF SAN BERNARDINO PLANNING DIVISION CASE: University Hills Specific Plan: General Plan Amendment No. 08-03; Specific Plan No. 07-01; Tentative Parcel Map No. 18969 (Subdivision 08-04); Tentative No. Tract Map 18696 (Subdivision 08-06); and Tentative Tract Map No. 18140 (Subdivision 08-05); Development Agreement No. 08-02 3 November 5, 2008 5 AGENDA ITEM: HEARING DATE: WARD: OWNER: Fontana Comers III, LP 2001 Pennsylvania Avenue, NW, Suite 950 Washington, D.C. 20006 202-466-5500 APPLICANT: Mohamad Younes, for Inland Communities Corp. 20250 SW Acacia Street, Suite 260 Newport Beach, CA 92660 949-261 2700 REQUESTILOCATION: University Hills Specific Plan (SP) No. 07-01 - A Specific Plan of Land Use establishing the development standards and guidelines for development of up to 980 detached and attached residential units, open space, parks and community facilities on a 404.3 acre site. GPA No. 08-03 - corresponding amendments to the General Plan. TPM No. 18969 - subdivision of the 404.3 acre site into 38 parcels corresponding to the 24 planning areas and sub-areas of the Specific Plan, including 234.8 acres of open space. TTM No. 18696 - Subdivision of3.11 acres (Planning Area 12) into 26 single family lots. TIM No. 18140 - Subdivision of 6.9 acres (Planning Areas 2, 3, and 4) into 44 single family lots. DA No. 08-02 - A Draft Development Agreement proposed for the project. The proposed project site, previously known as the Paradise Hills Specific Plan, is located north and east of California State University, San Bernardino, north of the current terminus of Campus Parkway. CONSTRAINTS/OVERLAYS: Foothill Fire Zone Overlay, Hillside Management Overlay, Designated High Wind Area, Biological Resources Area, Archeological Resources Area ENVIRONMENTAL FINDINGS: o Not Applicable o No Significant Effects o Mitigated Negative Declaration and Mitigation Monitoring Plan Ii!! Environmental Impact Report (SCH# 2007071155), Mitigation Measnres, and Mitigation Monitoring and Reporting Program, and Facts, Findings and Statement of Overriding Considerations STAFF RECOMMENDATION: Ii!! Approval Recommendation to the Mayor and Council Ii!! Conditions o Denial o Continuance to: GPA No. 08-03, SP No. 07-01 DA No. 08-02 TPM No. 18969 IT No. 18696, IT No. 18140 Hearing Date: 11.05.08 Page 2 oj 19 REQUEST AND LOCATION The applicant, Inland Communities, proposes the University Hills Specific Plan on the site of the previously approved Paradise Hills Specific Plan, The project site is located north and east of California State University, San Bernardino, at the northern boundary of the City (Attachment A). The University Hills Specific Plan would allow the development of up to 980 residential units, ranging from detached single family homes to stacked flats/townhomes/condominiums, on 169.5 of the 404.3 acre site. The balance of the site, or 234.8 acres, would be dedicated as open space to California State University as a "land laboratory" for the study of biological, cultural and geological resources. The project will also include parks, a clubhouse and recreation center, a system of internal open space areas to accommodate slopes and bio-swales, a system of internal trails and regional trail connections, and roadway infrastructure to connect the site to the City's existing circulation system. Two primary access points are proposed: one at Campus Parkway, and one at Little Mountain Drive. The following applications have been filed: Universitv Hills Specific Plan (SP No. 07-01) The University Hills Specific Plan (Attachment B) establishes the development standards and guidelines which will guide the development of the 404.3 acre site. The Specific Plan acts as the site-specific zoning ordinance for the project, and if approved, will be the governing document for all development on the site in the future. The Specific Plan and Draft Environmental Impact Report (DEIR) were distributed to the Planning Commission previously, and are posted for review on the City web site. General Plan Amendment (GPA No. 08-03) Approval of the project would require amendments to the General Plan Land Use Map and Circulation Element and the University District Specific Plan to recognize the land use designations, roadways and other development plans of the University Hills Specific Plan. Tentative Parcel Map No. 18969 The Tentative Parcel Map is a "master map" for subdivision of the 404.3 acre site into 38 parcels corresponding to the Specific Plan planning areas, as well as open space lots and roadways, to allow for financing and further subdivisions as needed to implement the Specific Plan. Tentative Tract Map No. 18696 This Tentative Tract Map proposes subdivision of 3.11 acres into 26 single family lots (identified as planning area 12), located in the center of the Specific Plan development area. GPA No. 08-03, SP No. 07-01 DA No. 08-02 TPM No. 18969 IT No. 18696, IT No. 18140 Hearing Date: 11.05.08 Page3 of 19 Tentative Tract Map No. 18140 This Tentative Tract Map proposes subdivision of 6.9 acres into 44 single family lots (identified as planning areas 2,3 and 4), located in the northwest portion of the Specific Plan area. Development Agreement A Development Agreement has been requested by the applicant which will set forth the responsibilities of the applicant and the City in the future development of the project. The Draft Development Agreement is attached as Attachment H. BACKGROUND The University Hills Specific Plan is proposed for lands previously approved for development under the Paradise Hills Specific Plan. The Paradise Hills Specific Plan was adopted by the Mayor and Common Council in 1993. At that time, an Environmental Impact Report was also certified. The Paradise Hills Specific Plan proposed 504 residential units and 175 acres of open space. The development area consisted of229 acres, and extended much further north on the site, into Badger Canyon. The density of the project was 1.25 units per gross acre, and 2.2 units per net acre. Two types of product were proposed - a Foothill Residential product at a density 00.5 units per acre, and a Hillside Residential product, at a density of one unit per acre. The project was never built, and no development activity has occurred on the site since 1993. The Paradise Hills Specific Plan was prepared under the goals and policies of the previous General Plan. With the adoption of the new General Plan in 2005, and the associated University Hills Specific Plan, new goals and policies were established, and land use designations corresponding to the Paradise Hills land use plan were assigned to the site. The land use designations applied to the property currently include Residential Suburban (4.5 units per acre) on the southern one-third; Residential Low (3.1 units per acre) for the center portion of the property; and Open Space for the northern edge of the site. These designations are consistent with the Paradise Hills Specific Plan. The University Hills Specific Plan proposes a new land use concept for the site, which will concentrate development in a clustered manner south of the San Andreas Fault, and preserve the more sensitive lands in Badger Canyon as open space. CALIFORNIA ENVIRONMENTAL OUALITY ACT (CEOA) The Development/Environmental Review Committee (D/ERC) reviewed the proposed Specific Plan and associated applications in conformance with CEQA. Staff determined that the changes associated with the project, when compared with the Paradise Hills Specific Plan and Environmental Impact Report (EIR) of 1993, necessitated the preparation of an EIR to analyze the impacts of the University Hills Specific Plan. A Notice of Preparation ofa Supplemental EIR was circulated for public comment in August of 2007, and a scoping meeting was held on August 12, 2007. In March of2008, after a more detailed review of the University Hills Specific GPA No. 08-03, SP No. 07-01 DA No. 08-02 TPM No. 18969 IT No. 18696, IT No. 18140 Hearing Dale: /1.05.08 Page 4 of 19 Plan, considering changes in conditions of the site since preparation of the Paradise Hills EIR, and significant differences between the Paradise Hills and University Hills Specific Plans, the D/ERC, with advice from the City Attorney's office, determined that the appropriate CEQA compliance document would be a Subsequent EIR instead of a Supplemental EIR. The D/ERC considered a revised Notice of Preparation of a Subsequent EIR at their meeting of April 17, 2008, and determined that the Subsequent EIR was the appropriate document to be prepared in this case. A Notice of Preparation of a Subsequent ErR was published in The San Bernardino County Sun, posted with the Clerk of the County Board of Supervisors and the State Clearinghouse, distributed to public agencies and interested parties, and posted on the City's web page for a 30-day comment period beginning April 24, 2008. A second scoping meeting was held on May 7, 2008. Comments received in response to both Notices of Preparation were considered during preparation ofthe Draft Subsequent EIR (Attachment E). The Draft Subsequent EIR was prepared by Michael Brandman Associates. The Notice of Completion/Notice of Availability was published in The San Bernardino County Sun and posted with the Clerk of the County Board of Supervisors for a 45-day public review period from August I, 2008 through September 15,2008. It was also distributed, along with the Draft SEIR to the State Clearinghouse and responsible agencies. The Audubon Society and the Crestline Soaring Society requested additional time to review the SEIR and submit comments. The comment period was extended to September 30, 2008. Comments on the SEIR were received from a number of agencies and private parties. Responses to these comments were prepared and provided to the D/ERC for review. At their meeting of October 16, 2008, the D/ERC determined that the responses adequately responded to the comments received, and the D/ERC authorized distribution of the Final SEIR (Attachment F) to the commenting agencies. In making its determination to release the Final SEIR for distribution and to refer the project to the Planning Commission, the D/ERC independently reviewed, analyzed, and exercised judgment in reviewing the Draft Subsequent EIR, comments received, responses to comments, and the proposed Mitigation Monitoring and Reporting Plan (MMIRP). . The Final SEIR, including responses to comments, was distributed on October 20, 2008. The SEIR concludes that the mitigation measures included in the document, when implemented, will reduce the impacts associated with built out of the project to less than significant levels in most cases. However, the SEIR found that even with the implementation of mitigation measures, impacts associated with air quality, population and housing and transportation would remain significant and unavoidable. In addition, cumulative impacts (those impacts of the project which, when added to General Plan build out will cumulatively impact the environment) cannot be mitigated to less than significant levels in the same categories. As a result, CEQA requires that the City consider these impacts, and compare them to the benefits associated with implementation of the project. If the determination is that the project benefits outweigh the potential significant impacts, Findings of Fact and a Statement of Overriding Consideration must be adopted. A Draft of the Findings is attached (Attachment F) for the Planning Commission's consideration. GPA No. 08-03, SP No. 07-0] DA No. 08-02 TPM No. ]8969 IT No. /8696, IT No. /8/40 Hearing Date: //.05.08 Page 5 of]9 PROJECT ANALYSIS University Hills Specific Plan The proposed project is anchored by the University Hills Specific Plan. This document, when and if it is approved, will be the tool used to implement future Tract Maps, Development Permits and other discretionary and ministerial permits through build-out of the project. The project totals 404.3 acres of non-contiguous lands, separated by San Bernardino County Flood Control District property in the center. The major segments of the project will, however, be connected by its main roadway, which crosses County Flood Control District properties. The Specific Plan proposes land use designations particular to the site. As shown in Table I, land use designations vary from the City's designations, and allow a range ofresidential density, from single family residential lots at a density of 0 to 3.1 units to the acre, to high density multiple family units at a range of 15.1 to 20 units to the acre. In general, residential uses intensify from north to south on the site, with the least dense areas occurring to the north, and the most dense to the south. Planning area 16 proposes up to 60 units of faculty housing for the staff of California State University, San Bernardino. Additional land use designations have been assigned to the common areas, and include the parks and clubhouse, as well as open space. The development standards proposed by the Specific Plan (UHSP) are unique for the project site. For any development standard or other zoning regulation not specified in the UHSP, the provisions of the City Development Code shall govern. The UHSP allows for lots of at least 5,000 square feet in the Large Lot Detached category; 2,400 square feet in the Standard Lot Detached category; and 1,200 square feet in the Mixed Detached/Attached category. Although these lot sizes are quite small by Development Code standards, the Specific Plan was designed to cluster development in a smaller area, to allow for greater conservation of open space. In order to achieve this, the area of disturbance on the project site must be condensed, which requires a higher density of development. Because of the significant area proposed as natural open space, as well as parks, recreational facilities and other common areas and amenities proposed within the project, the differences between the University Hills Specific Plan and the City Development Code standards can be supported. The overall average residential density proposed for the University Hills project site is 2.4 units per gross acre. The following land use tables detail the land use designations, planning areas, residential dwelling unit types, densities, amenities, public facilities and development potential of the University Hills Specific Plan. GPA No. 08-03, SP No. 07-01 DA No. 08-02 TPM No. 18969 IT No. 18696, IT No. 18140 Hearing Date: 11.05.08 Page 6 of 19 Table 1 Land Use Categories Land Use Category Description of Category Residential Uses Large-Lot Detached (LLD) Accommodates large-lot, single-family detached uses at an average density of2.6 dwelling units per acre. The residential density within this land use category ranges between 0 and 3.1 units oer acre. Standard-Lot Detached Accommodates a range of low density residential uses at an Residential (SLD) average density of6.7 dwelling units per acre. The residential density within this land use category ranges between 3.2 and 9 units per acre. Accommodates medium density detached and attached Mixed Detached! Attached residential uses at an average density of 11.9 dwelling units per Residential (MDA) acre. The residential density within this land use category ranges between 9.1 and 15.0 units per acre in Planning Areas 5 and 13 and between 9.1 and 17.0 in Planning Areas 10, 14, and 20. Provides for high density, multiple-family residential uses at an Attached Residential (A) average density of 16.8 dwelling unit per acre. The residential density within this land use category ranges between 15.1 and 20 units Der acre. Other Uses Parks (Public) Accommodates a range of public open space opportunities such as tot lots, sports courts and fields, picnic areas, joggers' exercise courses, and recreational facilities. Clubhouse Accommodates private recreational facilities, such as clubhouse, pool, barbeque facilities, conference rooms, tennis courts, gym, tot lots, Dicnic areas, and open SDace. Open Space Provides undeveloDed ODen SDace for recreational uses. Utility Accommodates water tanks, electrical substations, water filtration svstems, and other utilities for Dublic benefit. Internal Slopes Accommodates trails, community gardens, and landscape. GPA No. 08-03, SP No. 07-01 DA No. 08-02 TPM No. 18969 IT No. 18696, IT No. 18140 Hearing Date: 11.05.08 Page 7 of 19 The Specific Plan establishes planning areas, or sub-units of the project, each of which has a maximum number of units assigned. Although the Specific Plan allows for the transfer of density from one planning area to the other, it also restricts transfers, so that the maximum number of units allowed in a planning area, as shown in Tables 2 and 3, cannot be exceeded. Likewise, the total number of units allowed in the project, 980 homes, cannot be exceeded. Please see page 6-5 and 6-6 of the Draft Specific Plan for density transfer details. The vast majority of lands within the project site that are proposed for residential development occur south of the geologic hazard zones. The exception is planning area 15, which is proposed as a large lot (0-3.1 units per acre) single family subdivision. This area has been subject to landslides in the past, and may not be suitable for development. Both the Specific Plan and the SEIR for the project require that further geotechnical investigations be carried out prior to any development of Planning Area 15. Should the area be unstable, in whole or in part, the Specific Plan provides for its preservation as open space, and the transfer of the 37 potential units to other planning areas. Table 2 University Hills Development Potential Land Use Acres 1 Density Units 1,2 Pop."> Planning Areas Developable Area Large- Lot Detached Residential (LLD) 14.3 0-3.1 37 124 154 Standard-Lot Detached Residential (SLD) 10.4 3.2- 9.0 70 235 2,3,4,12 9.1-15.0 (PA5&13) 9.1-17.0 Mixed Detached! Attached (PA 10,14, Residential (MDA) 30.2 &20) 358 1,199 5,10, 13, 14,20 Attached Residential (A) 30.7 15.1-20.0 515 1,725 6,8,9, II, 16, 18 Parks (public) 8.1 1,17,19,21 Clubhouse 2.2 NA NA NA 7 RoadslIntemal SlopesfUtilities 73.6 NA NA NA NA Subtotal 169.5 Undevelopable Area Open Space 234.8 I I I Subtotal 234.8 I I I I Total Total 404.3 I I 980 3,283 I GPA No. 08-03, SP No. 07-01 DA No. 08-02 TPM No. 18969 TT No. 18696, TT No. 18140 Hearing Date: 11.05.08 Page 8 of 19 Table 3 Development Potential by Planning Area Units Used to Density Determine Buildout 1, Planning Area Land Use Acres I (units per acre) 2 2.1 I Park (oublic) NA NA 2 SLD 2.2 3.2-9.0 13 3 SLD 2.5 3.2-9.0 15 4 SLD 2.7 3.2-9.0 16 5 MDA 7.9 9.1-15.0 95 6 A 4.6 15.1-20.0 80 7 Clubhouse 2.2 NA NA 8 A 4.4 15.1-20.0 75 9 A 3.2 15.1-20.0 64 10 MDA 5.4 9.1-17.0 59 II A 5.9 15.1-20.0 98 12 SLD 3.1 3.2-9.0 26 13 MDA 4.0 9.1-15.0 50 14 MDA 4.6 9.1-17.0 50 153 LLD 14.3 0-3.1 37 16 (Faculty A 4.0 15.1-20 60 Housing) 17 Park (public) 0.5 NA NA 18 A 8.6 15.1-20 138 19 Park (public) 0.5 NA NA 20 MDA 8.3 9.1-17 104 21 Park (oublic) 5.0 NA NA 22 Utility 0.5 NA NA 23 Utility 0.1 NA NA 24 Ooen Soace 234.8 NA NA Roads/Internal Slooes 73.0 NA NA In addition to the residential development areas, the acreage of parks, slopes and roads have been identified and accounted for in the Specific Plan. The maximum developable area within the Plan is 169.5 acres. The balance, or 234.8 acres, will be dedicated to California State University, San Bernardino as a "land laboratory." The trails which currently occur in this area will be preserved, and access to the open space will be available through the California Walnut Grove Park, to be located at the southeasterly corner of the dedicated open space area. The Clubhouse is proposed in the center of the site, and will include community rooms, recreational facilities, and potentially some small scale commercial uses, such as dry cleaners or barber shops, intended as neighborhood conveniences for the residents. GPA No. 08-03, SP No. 07-0/ DA No. 08-02 TPM No. /8969 IT No. 18696, IT No. /8/40 Hearing Date: 1/.05.08 Page 9 of 19 Internal open space is provided throughout the site as areas of "internal slopes". These areas will have multiple purposes: they will serve to transition the grade of the site between residential pads; they will be designed to act as bio-swales as a component of the on-site flood control and water quality design measures; and they will provide internal trails and open space areas for residents. Except during periods of heavy rainfall, the areas should be usable and available throughout the year. Pedestrian access to these areas will be provided through gated connections. The Specific Plan proposes 10.3 acres of park land, distributed throughout the project. A "Glider Park" (Planning Area I) is proposed on the western boundary of the project, adjacent to the Andy Jackson Air Park, This 2. I-acre park is designed with low-lying amenities, to ensure a safe landing path for those arriving at the Air Park. The Crestline Soaring Society and many individual hang gliding enthusiasts have expressed concerns regarding the park amenities and the development of residential uses in proximity to the Air Park. These concerns have been addressed in the Response to Comments portion of the Final SEIR, under letter G .1. The Clubhouse (Planning Area 7), is proposed on 2.2 acres in the southern portion of the site, at the project's entrance via Campus Parkway. As described above, the clubhouse will be both a recreational facility with pool area, and a community center, with meeting rooms and potentially small scale commercial development. The Walnut Grove Linear Park (Planning Area 21) is proposed to connect the project to the open space to the north. The park will consist of 5.0 acres, and will be furnished with passive park amenities and interpretive features intended to inform the visitor about the area, and provide a trail connection into Badger Canyon. Two half-acre parks are proposed (Planning Areas 17 and 19) for the eastern portion of the Specific Plan area. These will be neighborhood parks, with pool facilities and picnic areas. The Specific Plan also includes trails, both within the rights of way and in the open space areas, to connect the project both internally and externally. The phasing of parks and trail development is provided for in Section 6 of the Specific Plan. Park construction is required early in the development process, so that amenities will be available to residents as they move in. The Specific Plan includes an extensive Design Guidelines section, which provides direction on architectural and landscape styles and project design. The Specific Plan does not prescribe an architectural style, but provides compatible options for future developers to allow flexibility as the project moves forward. The Specific Plan also includes an extensive fuel modification plan, which has been extensively coordinated with the Fire Marshal. This section establishes strict standards for development, landscaping, and construction. The fuel modification plan is consistent with the requirements of the Foothill Fire Zone Overlay, and will ensure that development of the project will not be a hazard during a wildland fire in the future. GPA No. 08-03, SP No. 07-01 DA No. 08-02 TPM No. /8969 TT No. /8696, TT No. /8/40 Hearing Date: /1.05.08 Page JO of /9 Access and Roadway Improvements The primary entrance to the project site will be at Campus Parkway. The second access to the site will be from Little Mountain Drive, which will serve the eastern side of the project. Within the site, a loop road is proposed to provide two means of access to each area of the project site. An east-west collector road will connect the proposed extensions of Campus Parkway and Little Mountain Drive. The Campus Parkway access will require an easement from the County Flood Control District. The District has issued a conditional approval, pending final engineering. Both access roads will require right-of-way over California State University property. An access agreement is pending, and right-of-way acquisition is a condition of approval of Tentative Parcel Map No. 18969. All backbone infrastructure, including the access roadways and internal loop roads, are planned for Phase I of the project, and are tied to the Tentative Parcel Map, as discussed further below. Trash Collection The Public Services Department has expressed concerns regarding the trash collection requirements within the Specific Plan. The Plan includes standards for collection which allow for either individual or centralized trash collection (see page 3-18 of the Specific Plan). The Public Services Department opposes the centralized collection system for several reasons, including aesthetics, functionality with their mechanized equipment, and others. The Plan does not require individual collection in any land use category, but does limit centralized collection to the MixedlDetached/ Attached and Attached land use categories. Centralized collection is limited to 12 housing units per collection area, resulting in 24-bin groups (2 bins per unit). A condition of approval has been added which requires individual collection for all single family lots (whether attached or detached), as this is the most practical method for single family homes. In addition, a condition of approval is included which requires approval of a trash collection plan for all projects prior to issuance of building permits. This condition will allow each project to address its trash collection individually, and to the satisfaction of the Public Services Department. Tentative Parcel Map No. 18969 The Tentative Parcel Map is proposed as a master map to subdivide the 404.3-acre project site into 38 parcels which are equivalent to the planning areas or portions of planning areas in the Specific Plan. The master map also establishes the backbone street system for the project, and creates "super-pads" which may be further subdivided for single family lots, as proposed in the two Tract Maps described below. Super pads or Planning Areas may be developed as one lot or multiple lots for phased development of apartments or townhomes. The Tentative Parcel Map will also create the open space lot for the "land laboratory" proposed for dedication to the University. TPM No. 18969 is conditioned to dedicate the open space to the University in conjunction with recordation of the Parcel Map. The Specific Plan details the roadways to be built in the first phase of the project, which will be tied to TPM No, 18969. These include connection to, and improvements on Campus Parkway and Little Mountain Road; construction of the Primary Local, Community Local I, II and III, and selected Neighborhood Local streets. No improvements are proposed into Planning Area 15, north of the Community Local II street, where more analysis is required prior to any disturbance or development, due to landslide hazards. Establishment of the backbone infrastructure will allow development of planning areas throughout the project site in almost any order. GPA No. 08-03, SP No. 07-01 DA No. 08-02 TPMNo. 18969TTNo. 18696, TTNo.18140 Hearing Date: 11.05.08 Page II 0[19 The Public Works Division has prepared proposed conditions of approval (Attachment D) which establish the requirements for recordation of the Parcel Map. These conditions, and the mitigation measures contained in the SEIR and MM/RP, will govern the level of improvement required with each phase of development of the Parcel Map. Specific to the Parcel Map are installation of traffic signals at Northpark Boulevard/Campus Parkway, and East Campus Circle (Little Mountain)/project access with issuance of the first building permit. In addition, prior to the occupancy of any units on the site, improvements detailed in Condition 12.d) will be required, and include Northpark Boulevard, Campus Parkway, East Campus Circle and University Parkway. There are three levels of improvement required of the project: (I ~ those required on opening day/with the first building permit; (2) those required with the 600' unit in the project; and (3) those required in a post-build-out condition. These have been detailed in the Mitigation Monitoring and Reporting Program (MMRP) attached as part of Attachment F. Specific traffic improvements are listed in the MMRP as TRI through TR7. Those improvements required for opening day will be funded through the DIF, or paid for by the developer, if payments from other sources are not available, with fee credits being applied for amounts above the developer's share of the cost of improvements. Those improvements required with the 600th building permit will be added to the DIF, and the applicant will pay the DIF to fund the project's share of the improvements. Some of the long term improvements, particularly the interchange projects, are unfunded, and although the DIF will be paid by the developer for the project's fair share, since the full improvement costs have not been identified, the mitigation measure cannot be implemented with certainty. Therefore, impacts to long term cumulative traffic flows have been identified as an unmitigable impact in the SEIR. Tentative Tract Map 18696 TTM No. 18696, and TTM No. 18140, described below, are the first two implementing maps within the project. TTM No. 18696 implements Planning Area 12 of the Specific Plan, and proposes 26 lots on 3.11 acres along the northeastern portion of the loop road. TTM No. 18696 proposes lot sizes of 4,500 to 6,000 square feet, with street frontages of 45 feet, and lot depths of 110 feet. The lot size, configuration and density all conform to the standards of the Standard Lot Detached category in the Specific Plan. No house designs have been proposed at this time. These would be processed under a Development Permit application in the future. The Public Works Division has prepared conditions of approval for the Tentative Tract Map (Attachment D), which are consistent with those proposed for Tentative Parcel Map 18969 in terms of the required traffic improvements, as these will be required with construction of the first homes within the project. The backbone street system, and related water, sewer and drainage improvements must be installed in order for this portion of the Specific Plan to proceed. Tentative Tract Map 18410 TTM No. 18410 implements planning areas 2, 3 and 4 of the Specific Plan. This map proposes 44 lots on 6.9 acres. The lots will be located in the northwestern portion of the project site, and will include slope areas to provide open space and storm water control. The lots range in size from 5,000 to 9,500 square feet, and are designed consistent with the Standard Lot Detached CPA No. 08-03, SP No. 07-01 DA No. 08-02 TPM No. 18969 IT No. 18696, IT No. 18140 Hearing Date: 11.05.08 Pagel2oJI9 category of the Specific Plan. As with Tentative Tract Map 18696, no plans for the dwelling units have been submitted, and future Development Permits would be required. The Public Works Division has prepared conditions of approval (Attachment D), which, like the requirements for the TPM No. 18969 and TTM No. 18696, require street improvements to allow a safe functioning internal circulation system and external access. These improvements and the backbone infrastructure described above will be required to allow TTM No. 18410 to proceed. Development Agreement The Development Agreement was requested by the applicant to establish the responsibilities of the City and the applicant in the development of the Specific Plan. The Development Agreement (Attachment H), focuses primarily on financial issues. As currently written, the Development Agreement would exempt the applicant from, or reduce certain Development Impact Fees. However, the SEIR mitigation measures rely on the payment of impact fees to offset potentially significant impacts associated with roadways and public facilities. If the Development Agreement were approved as currently written, the mitigation measures in the SEIR could not be implemented, which would result in unmitigated impacts. As a result, the applicant has agreed to modifY the Development Agreement prior to City Council review to eliminate the Development Impact Fee exemptions or reductions. The Development Agreement also establishes the parameters under which public financing will be undertaken for the project infrastructure. Given the size of the project and the infrastructure required, financing will be required for these facilities, and cooperation with the City will be necessary to raise funds as required. Staff recommends that the Planning Commission's recommendation to the Mayor and Common Council concerning the Development Agreement should call for revisions to maintain current Development Impact Fees to apply to the project. FINDINGS OF FACT - GENERAL PLAN AMENDMENT 1. The proposed amendments are consistent with the General Plan. The proposed General Plan Amendment is consistent with the following General Plan goals and policies: 2.2 Promote development that integrates with and minimizes impacts on surrounding land uses. 2.2.2 Require new uses to provide mitigation or buffers between existing uses where potential adverse impacts could occur, including, as appropriate, decorative walls, landscape setbacks, restricted vehicular access, enclosure of parking structures to prevent sound transmission, and control of lighting and ambient illumination. 2.2.4 Hillside development and development adjacent to natural areas shall be designed and landscaped to reserve natural features and habitat and protect structures from the threats from natural disasters, such as wildfires and floods. GPA No. 08-03, SP No. 07-0/ DA No. 08-02 TPM No. /8969 IT No. /8696, IT No. /8140 Hearing Date: //.05.08 Page /3 of 19 The proposed project will cluster residential development, provide more open space than the currently approved Specific Plan, and has integrated a comprehensive fire protection buffer into the document to assure protection of the residents in the future. The plan also uses open space to minimize the hazards associated with flooding and earthquake faulting on the site. 2.6 Control development and the use of land to mlmmlze adverse impacts on significant natural, historic, cultural, habitat and hillside resources. 2.6.1 Hillside development and development adjacent to natural areas shall be designed and sited to maintain the character of the City's significant open spaces and historic and cultural landmarks. The proposed Amendment will allow for the preservation of Badger Canyon for biological and geologic study. In addition, historic resources identified as occurring in the open space area will not be impacted by development, and can also be studied further. 2. The proposed amendments will not be detrimental to the public interest, health, safety, convenience, or welfare of the City. The proposed General Plan Amendment is consistent with General Plan policies, and the projects associated with the Specific Plan will be required to comply with all City requirements for infrastructure development, including sanitary sewer and domestic water. Further, the Specific Plan has been designed to protect the future residents from fire through integration of a fire protection plan; and from geotechnical hazards through restrictions on development in and near earthquake fault zones. 3. The proposed amendments will maintain the appropriate balance of land uses within the City. The proposed Amendment is located in an area where open space and residential land uses are proposed in the General Plan and University District Specific Plan currently. The proposed Amendment proposes an increase in the amount of open space land, and proposes residential densities greater than those currently planned in the Paradise Hills Specific Plan, in order to allow a clustered development plan. The proposed Specific Plan will impact less land and cluster the residential land uses, rather than impacting natural resources in Badger Canyon. 4. Being a case of an amendment to the General Plan Land Use Map, the subject parcels are physically suitable (including but not limited to, access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested land use designation and the anticipated land use development. The proposed project has integrated designs which will minimize slope impacts, provide a backbone circulation and utility system, and be visually buffered from the surrounding areas. GPA No. 08-03, SP No. 07-01 DA No. 08-02 TPM No. 18969 IT No. 18696, IT No. 18140 Hearing Date: 11.05.08 Page 14 of 19 FINDINGS OF FACT - SPECIFIC PLAN 1. The proposed plan is consistent with the General Plan. The Specific Plan is also located within the University District Specific Plan, and is consistent with that Plan's Vision, in that it will provide physical connectivity between the Specific Plan area and the University; be a part of the University Town concept by providing an area where faculty housing will be provided within the Plan; participate in transit efforts to connect the Plan area to the University and other parts of the City; and enhance the regional recreational link in the area by extending planned regional trails through the Specific Plan area. Please see also Finding # I, above. 2. The proposed plan will not be detrimental to the public interest, health, safety, convenience or welfare of the City. The Specific Plan includes standards which will protect residents from the San Andreas Fault, and the potential for ground rupture associated with the Fault, through prohibitions on development in those areas. The Plan also incorporates bio-swales into open space and slopes to allow for the filtration of surface water, which will prevent pollution. The Specific Plan also requires the clubhouse be constructed to meet LEED requirements, which will lower potential impacts on greenhouse gases. The mitigation measures included in the ErR will also protect the residents and visitors to the project area from environmental hazards. 3. The subject property is physically suitable for the requested land use designation(s) and the anticipated land use development. The areas designated for restricted or prohibited development within the Specific Plan are those where hazards could occur. The balance of the site where development will be permitted is gently sloping, and outside the City's Hillside Management Overlay, meaning that the slopes are shallow enough to built upon. The site will be terraced to allow for flatter development areas. The intensity of development proposed allows for 234.8 acres to be preserved as permanent open space, which will provide a valuable resource for the project's residents, the University, and the City as a whole. 4. The proposed plan will ensure the development of desirable character which will be compatible with existing and proposed development in the surrounding neighborhood The site is visually isolated from surrounding neighborhoods, and development of the project will have only minimal impacts on surrounding views, as demonstrated in the Specific Plan and SEIR. The character of the development, although more intense than lands to the south and west, is consistent with the University Park Specific Plan concepts of an urban village in association with the University, which is adjacent to the property. 5. The proposed plan will contribute to a balance of land uses so that local residents may work and shop in the community in which they live. GPA No. 08-03, SP No. 07-0/ DA No. 08-02 TPM No. /8969 IT No. 18696, IT No. /8/40 Hearing Date: /1.05.08 Page /5 of 19 The Specific Plan will include connections to local transit, and will be within walking distance of the University. The Plan also includes a planning area reserved for University faculty housing, which could generate up to 60 units within close proximity. In addition, the project is convenient to local commercial areas, and with the extension of pathways, trails and sidewalks as planned in the Specific Plan, will be easily accessible for shopping and employment. FINDINGS OF FACT - TENT A TIVE PARCEL MAP J. The proposed map consistent with the General Plan and the Development Code. The proposed parcel map is consistent with the General Plan, the University Hills Specific Plan and the Development Code. The parcel map is designed with lot boundaries concomitant with the planning areas in the Specific Plan, and allows for the development of backbone infrastructure for the project as a whole, thereby encouraging sequential, fully served development, as encouraged in the General Plan. 2. The design of the proposed subdivision is consistent with the General Plan. The proposed parcel map is designed to match the Specific Plan planning areas, and allow the further subdivision through tract maps for individual projects. The parcel map also implements the phasing plan proposed in the Specific Plan, by establishing the backbone street system for the project. 3. The site is physically suitable for the type of proposed development. The areas designated for restricted or prohibited development within the Specific Plan are those where hazards could occur. The balance of the site where development will be permitted is gently sloping, and outside the City's Hillside Management Overlay, meaning that the slopes are shallow enough to built upon. The site will be terraced to allow for flatter development areas. The intensity of development proposed allows for 234.8 acres to be preserved as permanent open space, which will provide a valuable resource for the project's residents, the University, and the City as a whole. 4. The site is physically suitable for the proposed density of development. The parcel map implements the Specific Plan planning areas, which are designed to accommodate the higher densities of residential units to allow greater open space preservation. The open space land is also included in the parcel map, and will be dedicated to the University as a result of its completion. 5. The design of the subdivision is not likely to cause substantial environmental damage, or substantially and unavoidably injure fish or wildlife or their habitat. GPA No. 08-03, SP No. 07-01 DA No. 08-02 TPM No. 18969 TT No. 18696. TT No. 18140 Hearing Date: 1 I. 05. 08 Page 16 of 19 The design of the parcel map, and the mitigation measures included in the SEIR for the project, assure that areas of environmental hazards are restricted or prohibited from development, including slopes and fault areas. The project also includes the preservation of the biologically sensitive Badger Canyon as open space in perpetuity, which will provide habitat for common and sensitive species occurring in the area. 6. The design of the subdivision is not likely to cause serious public health problems. The parcel map is consistent with the Specific Plan, and divides parcels so that it will protect residents from the San Andreas Fault, and the potential for ground rupture associated with the Fault. The design of the parcel, as conditioned, will meet City requirements for sight-lines and street widths for backbone infrastructure, to allow safe transport through the site. 7. The design of the subdivision and the type of improvements do not conflict with any easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. The parcel map has been designed to accommodate trail easements in its northern portion, into Badger Canyon, where trails exist, and will also extend regional trails required in the General Plan. The parcel map will also provide a connection to Campus Parkway through the University, which has been agreed to, in writing, between the University and the applicant. FINDINGS OF FACT - TENTATIVE TRACT MAP 18696 1. The proposed map is consistent with the General Plan and the Development Code. The proposed tract map is consistent with the General Plan, University Hills Specific Plan, and the Development Code. The proposed tract map will create 26 single family residential lots which are consistent with the development standards established in the Specific Plan. 2. The design of the proposed subdivision is consistent with the General Plan. The tract map implements planning area 12 of the Specific Plan, which allows for single family residential units on lots of the size proposed. The tract map is also consistent with the high quality design goals and policies of the General Plan, insofar as it implements a master planned community which will have extensive amenities for its residents. 3. The site is physically suitable for the type of proposed development. The tract map does not occur in areas designated for restricted or prohibited development within the Specific Plan. The site is gently sloping, and outside the City's Hillside Management Overlay. The lots within the tract map will be terraced to allow for flatter development areas. GPA No. 08-03, SP No. 07-01 DA No. 08-02 TPM No. 18969 TT No. /8696, TT No. 18140 Hearing Dale: 11.05.08 Page 17 of 19 4. The site is physically suitable for the proposed density of development. The Tract Map proposes 26 lots on 3.11 acres, consistent with the density of 3.2 to 9.0 units per acre allowed in the Standard Lot Detached (SLD) designation assigned to the property in the Specific Plan. The proposed tract creates lots at a density of 8.4 units per acre. 5. The design of the subdivision is not likely to cause substantial environmental damage, or substantially and unavoidably injure fish or wildlife or their habitat. The design of the tract map, and the mitigation measures included in the SEIR for the project, assure that areas of environmental hazards are restricted or prohibited from development. The tract map does not occur in any of the restricted development areas in the Specific Plan, nor does it occur adjacent to any open space area proposed north of the tract map. 6. The design of the subdivision is not likely to cause serious public health problems. The tract map is not within a restricted development area, and is not on the San Andreas Fault. The design of the tract, as conditioned, will meet City requirements for sight-lines and street widths for surrounding streets, to allow safe transport through the site. 7. The design of the subdivision and the type of improvements do not conflict with any easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. The tract map does not include any easements. Any easements created through the master parcel map (TPM No. 18969) for the project, will be implemented in the tract map as necessary . FINDINGS OF FACT - TENTATIVE TRACT MAP 18140 I. The proposed map is consistent with the General Plan and the Development Code. Yes. The proposed tract map is consistent with the General Plan, the University Hills Specific Plan, and the Development Code. The tract map will implement the development standards of planning areas 2, 3 and 4 of the Specific Plan, by creating 44 single family home lots on 6.9 acres. 2. The design of the proposed subdivision is consistent with the General Plan. The tract map implements planning areas 2, 3 and 4 of the Specific Plan, which allows for single family residential units on lots of the size proposed. The tract map is also consistent with the high quality design goals and policies of the General Plan, insofar as it CPA No. 08-03, SP No. 07-01 DA No. 08-02 TPM No. 18969 IT No. 18696, IT No. 18140 Hearing Date: 11.05.08 Page 18 of 19 implements a master planned community which will have extensive amenities for its residents. 3. The site is physically suitable for the type of proposed development. The tract map does not occur in areas designated for restricted or prohibited development within the Specific Plan. The site is gently sloping, and outside the City's HilIside Management Overlay. The lots within the tract map will be terraced to alIow for flatter development areas. 4. The site is physically suitable for the proposed density of development. The Tract Map proposes 44 lots on 6.9 acres, consistent with the density of 3.2 to 9.0 units per acre alIowed in the Standard Lot Detached (SLD) designation assigned to the property in the Specific Plan. The proposed tract creates lots at a density of 6.4 units per acre. 5. The design of the subdivision is not likely to cause substantial environmental damage, or substantially and unavoidably injure fish or wildlife or their habitat. The design of the tract map, and the mitigation measures included in the SEIR for the project, assure that areas of environmental hazards are restricted or prohibited from development. The tract map does not occur in any of the restricted development areas in the Specific Plan, nor does it occur adjacent to any open space area proposed north of the tract map. 6. The design of the subdivision is not likely to cause serious public health problems. The tract map is not within a restricted development area, and is not on the San Andreas Fault. The design of the tract, as conditioned, wilI meet City requirements for sight-lines and street widths for surrounding streets, to alIow safe transport through the site. 7. The design of the subdivision and the type of improvements do not conflict with any easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. The tract map incorporates eXlstmg easements without interfering with them. Any easements created through the master parcel map (TPM No. 18969) for the project, will be implemented in the tract map as necessary. CONCLUSION The Findings of Fact support approval of the General Plan Amendment, Specific Plan, Tentative Parcel Map and two Tentative Tract Maps proposed for the University HilIs project. RECOMMENDATION GPA No. 08-03, SP No. 07-01 DA No. 08-02 TPM No. 18969 TT No. 18696, TT No. 18140 Hearing Date: 11.05.08 Page /9 of /9 Staff recommends that the Planning Commission recommend that the Mayor and Common Council: I. Certify the Final Subsequent Environmental Impact Report for the University Hills Specific Plan, 2. Adopt the Facts, Findings, and Statement of Overriding Considerations, 3. Adopt the Mitigation Monitoring/Reporting Plan, 4. Approve Specific Plan No. 07-01, 5. Approve General Plan Amendment No. 08-03, and 6. Approve Tentative Parcel Map No. 18969, Tentative Tract Map 18696 and Tentative Tract Map 18140 based on the Findings of Fact and subject to the Conditions of Approval (Attachment C) and Standard Requirements (Attachment D), 7. Approve the Development Agreement, with modifications which eliminate Development Impact Fee reduction or elimination. Respectfully Submitted, ~().i?~ Valerie Ross Director of Development Services ~/~ ref: Nicole Criste Terra Nova Planning & Research Attachment A B+ C D E*+ F+ G+ H Location Map Draft University Hills Specific Plan (disk) Conditions of Approval Standard Requirements Draft Subsequent Environmental Impact Report Final Subsequent Environmental Impact Report and Mitigation Monitoring/Reporting Plan (disk) Draft Facts, Findings, and Statement of Overriding Considerations Draft Development Agreement * Previously distributed under separate cover. +Posted for review on the City web site: www.sbcitv.org ATTACHMENT A CITY OF SAN BERNARDINO HEARING DATE: 11/05/08 PLANNING DIVISION LOCATION MAP PROJECT: University Hills Specific Plan No. 07-01 ~ u NORTH CALIFORNIA STA ff UNIVERSITY SAN BERNARDINO LITTLE MOUNTAIN -"-r- RD M , .~_-.I~ h:~,." . ....... Ji.i.- ~~:t_ _~ NOT rolSC,ALE ATTACHMENT C CONDITIONS OF APPROVAL Specific Plan 07-01 and Tentative Parcel Map 18969 1. This permit/approval authorizes a Specific Plan, and Tentative Parcel Map to subdivide approximately 404.3 acres into 38 parcels, as well as roadways and ancillary facilities. The project site is located north and east of California State University, San Bernardino; north of Campus Parkway. 2. Within two years of the original approval date, the filing of the final map with the Council shall have occurred or the approval shall become null and void. Expiration of a tentative map shall terminate all proceedings and no final map shall be filed without first processing a new tentative map. The City Engineer must accept the final map or tentative map documents as adequate for approval by Council prior to forwarding them to the City Clerk. The date the final map shall be deemed filed with the Council is the date on which the City Clerk receives the map. Project: Tentative Parcel Map No. 18969 Expiration Date: November 5, 2010 3. For the Tentative Parcel Map, the review authority may, upon application and for good cause, grant up to three extensions of time not to exceed 12 months each pursuant to Development Code Section 19.66.170 and the State Map Act. The applicant must file an application, processing fees, and all required submittal items, 30 days prior to the expiration date(s). The review authority shall ensure that the project complies with all Development Code provisions in effect at the time of the requested extension. 4. In the event this approval is legally challenged, the City will promptly notify the applicant of any claim, action or proceeding and will cooperate fully in the defense of this matter. Once notified, the applicant agrees to defend, indemnify and hold harmless the City of San Bernardino (City), the Economic Development Agency of the City of San Bernardino (EDA), any departments, agencies, divisions, boards or commission of either the City or EDA as well as predecessors, successors, assigns, agents, directors, elected officials, officers, employees, representatives and attorneys of either the City or EDA from any such claim, action or proceeding against any of the foregoing persons or entities. Any counsel in such action shall be chosen by the applicant to defend such claim, action or proceeding and shall be subject to the reasonable approval of the Mayor & Common Council of San Bernardino. The applicant further agrees to reimburse the City for any costs and attorneys' fees which the City may be required by a court to pay as a result of such action, but such participation shall not relieve applicant of his or her obligation under this condition. The costs, salaries, and expenses of the City Attorney and employees of his office shall be considered as "attorneys fees" for the purpose of this condition. SP 07-01, TPM 18969 Hearing Date: November 5, 2008 Page 2 As part of the consideration for issuing this permit, this condition shall remain in effect if this Tentative Parcel Map is rescinded or revoked, whether or not at the request of applicant. 5, Construction shall be in substantial conformance with the plan(s) approved by the Director, Development Review Committee, Planning Commission or Mayor and Common Council. Minor modification to the plan(s) shall be subject to approval by the Director through a minor modification permit process, Any modification which exceeds 10% of the following allowable measurable design/site considerations shall require the refiling of the original application and a subsequent hearing by the appropriate hearing review authority if applicable: a. On-site circulation and parking, loading and landscaping; b. Placement and/or height of walls, fences and structures; c. Reconfiguration of architectural features, including colors, and/or modification of finished materials that do not alter or compromise the previously approved theme; and, d. A reduction in density or intensity of a development project. 6, No vacant, relocated, altered, repaired or hereafter erected structure shall be occupied or no change of use of land or structure( s) shall be inaugurated, or no new business commenced as authorized by this permit until Certificates of Occupancy have been issued by the Department. Temporary Certificates of Occupancy may be issued by the Department subject to the conditions imposed on the use, provided that a deposit is filed with the Department of Public Works prior to the issuance of the Certificate(s), if necessary. The deposit or security shall guarantee the faithful performance and completion of all terms, conditions and performance standards imposed on the intended use by this permit or approval. 7. This permit or approval is subject to all the applicable provisions of the Development Code in effect at the time of approval. This includes Chapter 19.20 - Property Development Standards, and includes: dust and dirt control during construction and grading activities; emission control of fumes, vapors, gases and other forms of air pollution; glare control; exterior lighting design and control; noise control; odor control; screening; signs, off-street parking and off-street loading; and, vibration control. Screening and sign regulations compliance is important considerations to the developer because they will delay the issuance of Certificates of Occupancy until they are complied with. Any exterior structural equipment, or utility transformers, boxes, ducts or meter cabinets shall be architecturally screened by wall or structural element, blending with the building design and include landscaping when on the ground. 8. This project shall be subject to all development standards and requirements of the University Hills Specific Plan, including fire safety fuel modification requirements, grading and landscaping standards. SP 07-01, TPM 18969 Hearing Dale: November 5, 2008 Page 3 9, The property owner(s) and future tenants shall comply with the requirements of other agencies (e.g. San Bernardino International Airport Authority; Federal Aviation Administration; U.S. ofFish & Wildlife Service; California State Board of Equalization; California Dept. of Transportation; California Dept. of Fish & Game; San Bernardino County Flood Control District; Inland Valley Development Agency; etc.), as applicable. 10. The project is subject to all applicable Mitigation Measures contained in the certified Subsequent Environmental Impact Report (SCH#: 2007071155) for the University Hills Specific Plan. The Mitigation Monitoring/Reporting Plan is hereby incorporated by reference in the Conditions of Approval. II * The 234.8 acres of open space land in the northern portion of the map shall be dedieated ar eafiveyed ta the Uniyersity af Califamia, San Bemardina, restricted as open space in perpetuity. concurrent with the recordation of the Final Map. and conveyed to an appropriate conservation organization for maintenance respOnsibility prior to the issuance of the first building permit. 12* The Specific Plan shall be amended as follows: (A) to clarifY the description of the two JI,-acre parks in the eastern planning areas to identifY public and private amenities. and (B) to update the Fire Protection Plan to the Fire Marshal-approved Plan. 13. Trash collection for all single family lots within the project area shall be on an individual basis. 14. A trash collection plan, showing the specific method of collection and location of trash collection facilities, whether individual, centralized or via a dumpster, shall be submitted with each Development Permit and/or Tentative Tract Map application. The plan shall be approved by the Public Services Department prior to issuance of building permits for that Development Permit and/or Tract Map. 15. Barbed wire, razor wire, and/or electrified fences are not permitted anywhere on-site. 16. Retaining walls, if any, shall be constructed of slump stone or split-face block. Both sides of the wall (above ground) shall have the decorative finish, 17. The requirements of these Conditions of Approval may be modified or superceded by the terms of the Development Agreement, DA 08-02. 18. Subrnittal requirements for permit applications (building, site improvements, etc.) to the Building/Plan Check Division and the Public Works/Engineering Division shall include all Conditions of Approval and Standard Requirements issued with this approval. 19. All Conditions of Approval and Standard Requirements shall be completed for each building/parcel prior to final inspections. All site improvements shall be completed as necessary to serve each new building/parcel, prior to issuing a Certificate of Occupancy. SP 07-01, TPM 18969 Hearing Date: November 5, 2008 Page 4 20, This permit or approval is subject to the standard requirements issued the following City Departments or Divisions: a. Development Services Department - Public Works / Engineering Division b. Fire Department c. San Bernardino Municipal Water Department d. Public Services Department *Modified by Planning Commission 11/5/08 ATTACHMENT C CONDITIONS OF APPROVAL Tentative Tract Map 18140 1. This approval is for Tentative Tract Map 18140, a request to subdivide 6.9 acres into 44 single family lots within the University Hills Specific Plan. The site is located north and east of California State University, San Bernardino. 2. Within two years of the original approval date, the filing of the final map with the Council shall have occurred or the approval shall become null and void. Expiration of a tentative map shall terminate all proceedings and no final map shall be filed without Ilrst processing a new tentative map. The City Engineer must accept the final map or tentative map documents as adequate for approval by Council prior to forwarding them to the City Clerk. The date the final map shall be deemed filed with the Council is the date on which the City Clerk receives the map. Expiration Date: November 5, 2010 3. The review authority may, upon application and for good cause, grant up to three extensions of time not to exceed 12 months each pursuant to Development Code Section 19.66.170 and the State Map Act. The applicant must file an application, processing fees, and all required submittal items, no less than 30 days prior to the expiration date. The review authority shall ensure that the project complies with all current Development Code provisions in effect at the time of the requested extension. 4. In the event that this approval is legally challenged, the City will promptly notify the applicant of any claim, action, or proceeding and will cooperate fully in the defense of the matter. Once notified, the applicant agrees to defend, indemnify, and hold hannless the City of San Bernardino (City), the Economic Development Agency (EDA), any departments, agencies, divisions, boards or commissions of either the City or EDA as well as predecessors, successors, assigns, agents, directors, elected officials, officers, employees, representatives and attorneys of either the City or EDA from any claim, action or proceeding against any of the foregoing persons or entities. The applicant further agrees to reimburse the City and the Economic Development Agency any costs and attorney's fees which the City or the Economic Development Agency may be required by a court to pay as a result of such action, but such participation shall not relieve applicant of his or her obligation under this section. The costs, salaries, and expenses of the City Attorney and employees of his office shall be considered as "attorney's fees for the purpose of this condition. As part of the consideration for issuing this permit or approval, this condition shall remain in effect if this Permit is rescinded or revoked, whether or not at the request of the applicant. TT/8/40 Hearing Date: November 5, 2008 Page 2 5. Construction shall be in substantial conformance with the planes) approved by the Director, Development Review Committee, Planning Commission or Mayor and Common Council. Minor modification to the planes) shall be subject to approval by the Director through a minor modification permit process. Any modification which exceeds 10% of the following allowable measurable design/site considerations shall require the refiling of the original application and a subsequent hearing by the appropriate hearing review authority if applicable: a. On-site circulation and parking, loading and landscaping; b. Placement and/or height of walls, fences and structures; c. Reconfiguration of architectural features, including colors, and/or modi fication of finished materials that do not alter or compromise the previously approved themc; and, d. A reduction in density or intensity of a development project. 6. No vacant, relocated, altered, repaired or hereafter erected structure shall be occupied or no change of use of land or structure(s) shall be inaugurated, or no new business commenced as authorized by this pemlit until a Certificate of Occupancy has been issued by the Department. A temporary Certificate of Occupancy may be issued by the Department subject to the conditions imposed on the use, provided that a deposit is filed with the Public Works Division prior to issuance of the Certificate, is necessary. The deposit or security shall guarantee the faithful performance and completion of all terms, conditions and performance imposed on the intended use by this permit. 7. This permit or approval is subject to all the applicable provisions of the Developmcnt Code in effect at the time of approval. This includes Chapter 19.20- Property Development Standards, and includes: dust and dirt control during construction and grading activities; emission control of fumes, vapors, gases and other forms of air pollution; glare control; exterior lighting design control; noise control; odor control; screening; signs, off-street parking and off-street loading; and vibration control. Screening and sign regulations compliance are important considerations to the developer because they will delay the issuance of a Certificate of Occupancy until they are complied with. Any exterior structural equipment, or utility transformers, boxes, ducts or meter cabinets shall be architecturally screened by wall or structural element, blending with the building design and include landscaping when on the ground. 8. Barbed wire, razor wire, and/or electrified fences are not permitted anywhere on-site. 9. Retaining walls shall be constructed of slump stone or split face block. Both sides of the wall (above ground) shall have the decorative finish. 10. Any change in elevation or building pad height of 6" or more along the perimeter of the tract/parcel map will require approval by the Planning Commission. Any change in elevation or building pad height of 12" or more on interior lots will require approval by the Planning Commission. The applicant's/owner's engineer will certify the elevation of the building pads to the City Engineer, prior to construction of the building foundation. IT /8/40 Hearing Date: November 5, 2008 Page 3 11. Submittal requirements for permit applications (building, site improvements, landscaping, etc.) to Building Plan Check and/or Public WorkslEngineering shall include all Conditions of Approval and Standard Requirements issued with the Development Review Committee approval. 12. The project is subject to all applicable Mitigation Measures contained in the certified Subsequent Environmental Impact Report (SCH#: 2007071155) for the University Hills Specific Plan. The Mitigation Monitoring/Reporting Plan is hereby incorporated by reference in the Conditions of Approval. 13. This project shall be subject to all development standards and requirements of the University Hills Specific Plan, including fire safety fuel modification requirements, grading and landscaping standards. 14. The requirements of these Conditions of Approval may be modified or superceded by the terms of Development Agreement, DA 08-02. 15. Development of the lots subdivided under this approval shall require approval of a Development Permit. 16. This permit or approval is subject to the attached conditions or requirements of the following City Departments or Divisions: a. Development Services Department - Public Works / Engineering Division b. Fire Department c. San Bernardino Municipal Water Department ATTACHMENT C CONDITIONS OF APPROVAL Tentative Tract Map 18696 I. This approval is for Tentative Tract Map 18696, a request to subdivide 3.11 acres into 26 single family lots within the University Hills Specific Plan. The site is located north and east of California State University, San Bernardino. 2. Within two years of the original approval date, the filing of the final map with the Council shall have occurred or the approval shall become null and void. Expiration of a tentative map shall terminate all proceedings and no final map shall be filed without lirst processing a new tentative map. The City Engineer must accept the final map or tcntative map documents as adequate for approval by Council prior to forwarding them to the City Clerk. The date the final map shall be deemed filed with the Council is the date on which the City Clerk receives the map. Expiration Date: November 5, 2010 3. The review authority may, upon application and for good cause, grant up to thrce extensions of time not to exceed 12 months each pursuant to Development Code Section 19.66.170 and the State Map Act. The applicant must file an application, processing fees, and all required submittal items, no less than 30 days prior to the expiration date. The review authority shall ensure that the project complies with all current Development Code provisions in effect at the time of the requested extension. 4. In the event that this approval is legally challenged, the City will promptly notify thc applicant of any claim, action, or proceeding and will cooperate fully in the defense of the matter. Once notified, the applicant agrees to defend, indemnify, and hold hannless the City of San Bernardino (City), the Economic Development Agency (EDA), any departments, agencies, divisions, boards or commissions of either the City or EDA as well as predecessors, successors, assigns, agents, directors, elected officials, officers, employees, representatives and attorneys of either the City or EDA from any claim, action or proceeding against any of the foregoing persons or entities. The applicant further agrees to reimburse the City and the Economic Development Agency any costs and attorney's fees which the City or the Economic Development Agency may be required by a court to pay as a result of such action, but such participation shall not relieve applicant of his or her obligation under this section. The costs, salaries, and expenses of the City Attorney and employees of his officc shall be considered as "attorney's fees for the purpose of this condition. As part of the consideration fa;- issuing this permit or approval, this condition shall remain in effect if this Permit is rescinded or revoked, whether or not at the request of the applicant. IT 18696 Hearing Date: November 5. 2008 Page 2 5. Construction shall be in substantial conformance with the plan(s) approved by the Director, Development Review Committee, Planning Commission or Mayor and Common Council. Minor modification to the plan(s) shall be subject to approval by the Director through a minor modification permit process. Any modification which exceeds 10% of the following allowable measurable design/site considerations shall require the refiling of the original application and a subsequent hearing by the appropriate hearing review authority if applicable: a. On-site circulation and parking, loading and landscaping; b. Placement and/or height of walls, fences and structures; c. Reconfiguration of architectural features, including colors, and/or modification of finished materials that do not alter or compromise the previously approved theme; and, d. A reduction in density or intensity of a development project. 6. No vacant, relocated, altered, repaired or hereafter erected structure shall be occupied or no change of use of land or structure(s) shall be inaugurated, or no new business commenced as authorized by this permit until a Certificate of Occupancy has been issued by the Department. A temporary Certificate of Occupancy may be issued by the Department subject to the conditions imposed on the use, provided that a deposit is filed with the Public Works Division prior to issuance of the Certificate, is necessary. The deposit or security shall guarantee the faithful performance and completion of all terms, conditions and performance imposed on the intended use by this permit. 7. This permit or approval is subject to all the applicable provisions of the Development Code in effect at the time of approval. This includes Chapter 19.20- Property Development Standards, and includes: dust and dirt control during construction and grading activities; emission control of fumes, vapors, gases and other forms of air pollution; glare control; exterior lighting design control; noise control; odor control; screening; signs, off-street parking and off-street loading; and vibration control. Screening and sign regulations compliance are important considerations to the developer because they will delay the issuance of a Certificate of Occupancy until they are complied with. Any exterior structural equipment, or utility transformers, boxes, ducts or meter cabinets shall be architecturally screened by wall or structural element, blending with the building design and include landscaping when on the ground. 8. Barbed wire, razor wire, and/or electrified fences are not permitted anywhere on-site. 9. Retaining walls shall be constructed of slump stone or split face block. Both sides of the wall (above ground) shall have the decorative finish. 10. Any change in elevation or building pad height of 6" or more along the perimeter of the tract/parcel map will require approval by the Planning Commission. Any change in elevation or building pad height of 12" or more on interior lots will require approval by the Planning Commission. The applicant's/owner's engineer will certify the elevation of the building pads to the City Engineer, prior to construction of the building foundation. IT 18696 Hearing Date: November 5, 2008 Page 3 11. Submittal requirements for permit applications (building, site improvements, landscaping, etc.) to Building Plan Check and/or Public WorkslEngineering shall include all Conditions of Approval and Standard Requirements issued with the Development Review Committee approval. 12. The project is subject to all applicable Mitigation Measures contained in the certified Subsequent Environmental Impact Report (SCH#: 2007071155) for the University Hills Specific Plan. The Mitigation MonitoringlReporting Plan is hereby incorporated by reference in the Conditions of Approval. 13. This project shall be subject to all development standards and requirements of the University Hills Specific Plan, including fire safety fuel modification requirements, grading and landscaping standards. 14. The requirements ofthese Conditions of Approval may be modified or superceded by the terms of the Development Agreement, DA 08-02. 15. This project is located in the Foothill Fire Zone Overlay District and is subject to all requirements contained in Chapter 15.10 of the City of San Bernardino Municipal Code and Chapter 19.15 of the City's Development Code. 16. Development of the lots subdivided under this approval shall require authorization of a Development Permit. 17. This permit or approval is subject to the attached conditions or requirements of the following City Departments or Divisions: a. Development Services Department - Public Works / Engineering Division b. Fire Department c. San Bernardino Municipal Water Department ATTACHMENT D CITY OF SAN BERNARDINO Development Services Department - Public Works Division Standard Requirements Description: A proposed specific plan for the development of approximately 404.2 acres of land. Applicant: Inland Communities Corp. Location: Bounded by the Andy Jackson Airport to the west, Cal State University - San Bernardino to the south, Badger Creek to the east and San Bernardino National Forest to the north. Case Number: Specific Plan 07-01 & PM 18969 1. Drainaqe and Flood Control a) All necessary drainage and flood control measures shall be subject to requirements of the City Engineer, which may be based in part on the recommendations of the San Bernardino County Department of Transportation and Flood Control. The developer's Engineer shall furnish all necessary data relating to drainage and flood control. b) A permit will be required from the San Bernardino County Department of Transportation and Flood Control, for any work required within the Flood Control District's right-of-way. c) A local drainage study will be required for the project. Any drainage improvements. structures or storm drains needed to mitigate downstream impacts or protect the development shall be designed and constructed at the developer's expense, and right-of-way dedicated as necessary. d) All detention basins shall be designed in accordance with "Detention Basin Design Criteria for San Bernardino County." Retention basins are not acceptable. e) The development area contains Zone A (floodway) areas on the Federal Insurance Rate Maps; therefore, a Special Flood Hazard Area Permit issued by the City Engineer shall be required. f) Some of the lots in this tract adjoin Badger Canyon drainage channels which is designed Zone "A" on the FEMA Federal Project: A proposed specific plan for the development of approximately 404.2 acres of land. Case No. Specific Plan 07-01 & PM 18969 Page 2 of 11 Insurance Rate Maps (FIRM). The developer shall be responsible for providing elevation certificate prepared in accordance with FEMA regulations to prove that all parcels are not subject to flooding in a 1 OO-year storm. These certificates shall be provided in a form that is suitable for submittal to FEMA in order to obtain a Letter of Map Revision (LaMA). The purpose of this process is to assure that purchasers and future owners of these lots will not be required to purchase flood insurance. g) All drainage from the development shall be directed to an approved public drainage facility. If not feasible, proper drainage facilities and easements shall be provided to the satisfaction of the City Engineer. h) A Water Quality Management Plan (WQMP) is required for this project. The applicant is directed to the City's web page at www.sbcitY.orq- Departments - Development Services - Public Works for templates to use in the preparation of this plan. i) A Storm Water Pollution Prevention Plan (SWPPP) will be required. The applicant is directed to the City's web page at www.sbcity.orq - Departments - Development Services - Public Works for templates to use in the preparation of this plan. j) The City Engineer, prior to issuance of any permit, shall approve the WQMP and the SWPPP. k) A "Notice of Intent (NOI)" shall be filed with the State Water Resources Control Board for construction disturbing 1 acre or more of land (including the project area, construction yards, storage areas, etc.). I) The City Engineer, prior to grading plan approval, shall approve an Erosion Control Plan. The plan shall be designed to control erosion due to water and wind, including blowing dust, during all phases of construction, including graded areas which are not proposed to be immediately built upon. 2. GradinQ and LandscapinQ a) The site/ploUgrading and drainage plan shall be signed by a Registered Civil Engineer and a grading permit will be required. The grading plan shall be prepared in strict accordance with the City's "Grading Policies and Procedures" and the City's "Standard Drawings", unless otherwise approved by the City Engineer. Ii Proiect: A proposed soecific plan for the development of aporoximatelv 404.2 acres ofland. Case No. Specific Plan 07-01 & PM 18969 Page 3 of 11 b) If more than 5 trees are to be removed from the site, a tree removal permit conforming to the requirements of Section 19.28.090 of the Development Code shall be obtained from the Department of Development Services-Planning Division prior to issuance of any grading or site development permits. c) If more than 5,000 cubic yards of earthwork is proposed, the grading shall be supervised in accordance with the City's "Grading Policies and Procedures". d) The applicant must post a grading bond prior to issuance of a grading permit. The amount of the bond is to be determined by the City Engineer. e) If the grading plan indicates export or import, the source of the import material or the site for the deposition of the export shall be noted on the grading plan. Permit numbers shall be noted if the source or destination is in the City of San Bernardino. f) If more than 1,000 cubic yards of earth is to be hauled on City Streets then a special hauling permit shall be obtained from the City Engineer. Additional conditions, such as truck route approval, traffic controls, bonding, covering of loads, street cleaning, etc. may be required by the City Engineer. g) Retaining walls and perimeter walls (if required) shall be part of the Mass Grading Plan. This work shall be part of the Mass Grading permit issued by the City Engineer. All masonry walls shall be constructed of decorative block with architectural features acceptable to the City Planner. h) This project is located in the high wind zone. All walls and fences shall be designed to withstand 100 mph winds. All construction details shall be included on the appropriate plan. Structural calculations shall be provided for City review. i) This project is located in the high fire zone; therefore, all fences shall be of non-combustible material. 3. Landscape Maintenance District a) A Landscape Maintenance District (LMD) shall be implemented to maintain landscaping within the following areas (Note. LMD formation requires a minimum of 4 months after approval of LMD landscaping plans.): i) Fuel Modification Areas Proiect: A proposed soecific plan for the develooment of approximately 404.2 acres of land. Case No. Specific Plan 07-01 & PM 18969 Page 4 of 11 ii) Open Space Lots iii) Detention Basins b) The Landscape Maintenance District shall include all in- development street lighting and may share a common electric meter with the landscape irrigation controllers. Existing street lights, if any will not be included in the District. The cost of installing the street lighting system shall be bonded as part of the faithful performance, labor & materials, and warranty bond required for approval by the City Council and recording of the parcel map. c) The cost of installation of landscaping and irrigation system in the landscape maintenance district shall be bonded as part of the faithful performance, labor & materials, and warranty bond required for approval by the City Council and recording of the parcel map. d) All required maintenance districts shall be formed and bonded prior to Map recording. (Note. Maintenance district formation requires a minimum of 4 months after approval of plans.) e) Separate sets of Landscape Plans shall be provided for the Landscape Maintenance District. f) The landscaping and irrigation system shall be installed in the landscape maintenance district and accepted by the City Engineer prior to application for occupancy of any house in the subdivision. g) Prior to sale of each parcel, the Developer shall provide the City's Real Property Section of the Public Works Division with a signed copy of the "Notice of Assessment District" disclosure for each property purchaser. 4. Utilities a) Design and construct all public utilities to serve the site in accordance with City Code, City Standards and requirements of the serving utility, including gas, electric, telephone, water, sewer and cable TV (Cable TV optional for commercial, industrial, or institutional uses). b) Each parcel shall be provided with separate water and sewer facilities so the City or the agency providing such services in the area can serve it. c) Sewer main extensions required to serve the site shall be constructed at the Developer's expense. Proiect: A proposed specific plan for the development of approximately 404.2 acres of land. Case No. Specific Plan 07-01 & PM 18969 Page 5 of1! d) This project is located in the sewer service area maintained by the City of San Bernardino therefore, any necessary sewer main extension shall be designed and constructed in accordance with the City's "Sewer Policy and Procedures" and City Standard Drawings. e) Utility services shall be placed underground and easements provided as required. f) A street cut permit, from the City Engineer, will be required for utility cuts into existing streets. g) All existing overhead utilities adjacent to or traversing the site on either side of the street shall be undergrounded in accordance with Section 19.20.030 (non-subdivisions) or Section 19.30.110 (subdivisions) of the Development Code. h) Existing Utilities which interfere with new construction shall be relocated at the Developer's expense as directed by the City Engineer, except overhead lines, if required by provisions of the Development Code to be undergrounded. See Development Code Section 19.20.030 (non-subdivisions) or Section 19.30.110 (subdivisions). 5. Mappinq a) A Final/Parcel Map based upon field survey will be required. b) PM 18969 shall be approved by the City of San Bernardino and recorded prior to the recordation of any other subdivision map in the University Hills Specific Plan area. c) All street names shall be subject to approval of the City Engineer prior to Map recordation. Little Mountain Road between the college entrance and "F" Street shall be re-named. d) Additional survey and map information including, but not limited to, building setbacks, flooding and zones, seismic lines and setbacks, geologic mapping and archeological sites shall be filed with the City Engineer in accordance with Ordinance No. MC-592. 6. Improvement Completion a) Street, sewer, drainage improvement, traffic signals, and landscape maintenance district landscape and irrigation plans for the entire project shall be completed, subject to the approval of the City Engineer, prior to the Map recordation. Proiect: A proposed specific plan for the development of approximate Iv 404.2 acres ofland. Case No. Specific Plan 07-01 & PM 18969 Page 6 of 11 b) If the construction/installation of required improvements, including landscaping and irrigation within the landscape maintenance district, are not completed prior to Map recordation, an improvement security accompanied by an agreement executed by the developer and the City will be required. C) Street light energy fee to pay cost of street light energy for a period of 4 years shall be paid. Exact amount shall be determined and shall become payable prior to map recordation. 7. Street Improvement and Dedications a) All public streets and public easements within and adjacent to the development shall be improved to City standards. Improvements shall include combination curb and gutter, paving, access ramps, street lights, sidewalks, and appurtenances, including, but not limited to traffic signals, traffic signal modifications, relocation of public or private facilities which interfere with new construction, striping, and landscaping and irrigation in the landscape maintenance district. All improvements shall be accomplished in accordance with the City of San Bernardino "Design Policies and Procedures" and City "Standard Drawings," unless otherwise approved by the City Engineer. Street lighting, when required, shall be designed and constructed in accordance with the City's "Street Lighting Policies and Procedures." Street lighting shall be shown on street improvement plans except where otherwise approved by the City Engineer. b) For the streets listed below, dedication of adequate street right-of- way (R.W.) to provide the total right of way distance and the total curb to curb distance shall be as follows: Street Name Right of Wav(ft.) Curb Line(ft) Campus Parkway 80' 68' Little Mountain Dr. 60' 40' Remaining streets as shown on Tentative Parcel Map. c) Construct 8" Curb and Gutter per City Standard No. 200 adjacent to the site. Widen pavement adjacent to the site to match new curb and gutter. Construct approach and departure transitions for traffic safety and drainage as approved by the City Engineer. !.'; Proiect: A proposed specific plan for the development of aoproximatelv 404.2 acres ofland. Case No. Specific Plan 07-01 & PM 18969 Page 7 of 11 d) Construct sidewalk adjacent to the site in accordance with City Standard No. 202; Case "A" (6' wide adjacent to curb). e) At all curb returns within and adjacent to the project site, construct accessible curb ramps in accordance with Caltrans Standards to comply with current ADA accessibility requirements. Dedicate sufficient right-of-way at the corner to accommodate the ramp. f) Curb return radii at the intersection of local or lessor designation shall be 25 feet minimum. g) Curb returns at the intersection of Campus Parkway & Northpark Boulevard and Little Mountain Drive & Northpark Boulevard shall be 35 feet. h) Construct all cul-de-sac's and knuckles in accordance with City Standard Drawing No. 101. i) Install Street Lights adjacent to the site in accordance with City Standard Nos. SL-1 and SL-2. j) Two independent means of access to the project shall be provided. Each shall have a minimum paved width of 24 feet and dedicated to the City of San Bernardino. Additional width may be required for drainage control and traffic safety. 8. Phasinq a) Construction of Campus Parkway and Little Mountain Road shall be completed in the first phase of the project, prior to occupancy of any building. b) If the project is to be developed in phases, each individual phase shall be designed to provide maximum public safety, convenience for public service vehicles, and proper traffic circulation. In order to meet this requirement, the following will be required prior to the finalization of any phase: c) Improvement plans for the total project or sufficient plans beyond the phase boundary to verify the feasibility of the design shall be complete to the satisfaction of the City Engineer. d) A Plan shall be submitted for review and approval by the Engineering Division, Fire, and Planning Departments, indicating what improvements will be constructed with the given phase, subject to the following: Proiect: A proposed specific plan for the development of approximate Iv 404.2 acres of land. Case No. Soecific Plan 07-01 & PM 18969 Page 8 ofl1 i) Temporary dead-end streets shall be provided with a minimum 32 foot radius paved turn around. ii) Half width streets shall be provided with a minimum 28 foot paved width and they shall be posted with "No Parking" signs. iii) Street improvements shall be completed beyond the phase boundaries, as necessary to provide at least two standard means of access. iv) Drainage facilities, such as storm drains, channels, earth berms and block walls, shall be constructed, as necessary, to protect the development from off-site storm runoff and mud flows. v) A properly designed water system shall be constructed, which is capable of providing required fire flow and this may require looping or extending beyond the phase boundaries. vi) Easements for any of the above and the installation of necessary utilities shall be completed. vii) Phase boundaries shall be consistent with lot lines shown on the approved tentative map. 9. Required Enqineerina Plans a) A complete submittal for plan checking shall consist of: . street improvement plans (may include street lights or street lighting may be separate plan), . sewer plans (Private sewers may be shown on on-site improvement plan; public sewers must be on a separate plan with profile), . storm drain plans (Private storm drains may be shown on on- site improvement plans; public storm drains must be on a separate plan with profile), . traffic signal plans, . striping plan (may be on sheets included in street improvement plan), . Mass grading Proiect: A proposed specific plan for the development of approximate Iv 404.2 acres of land. Case No. Soecific Plan 07-01 & PM 18969 Page 9 of 11 . Parcel Map . Engineer's Cost estimate for each plan submitted . landscaping and irrigation plans in the landscape maintenance district, and . other plans as required. Piecemeal submittal of various types of plans for the same project will not be allowed. . All required supporting calculations, studies and reports must be included in the initial submittal (including but not limited to drainage studies, soils reports, structural calculations) b) All improvement plans submitted for plan check shall be prepared on the City's standard 24" x 36" sheets. A signature block satisfactory to the City Engineer or his designee shall be provided. c) After completion of plan checking, final mylar drawings, stamped and signed by the Registered Civil Engineer in charge, shall be submitted to the City Engineer for approval. d) Electronic files of all improvement plans/drawings shall be submitted to the City Engineer. The files shall be compatible with AutoCAD 2000, and include a .DXF file of the project. Files shall be on a CD and shall be submitted at the same time the final mylar drawings are submitted for approval. e) Copies of the City's design policies and procedures and standard drawings are available at the Public Works Counter for the cost of reproduction. They are also available at no charge at the Public Works Web Site at http://www.sbcity.orq 10. Required Enqineerinq Permits a) Grading permit. b) On-site improvements construction permit (except buildings - see Development Services-Building Division), including landscaping. c) Off-site improvement construction permit. d) Haul Permit, if exporting 1,000 cubic yards or more. e) Encroachment permit for work within the public right of way. Ii I'\\! Proiect: A proposed specific plan for the development of approximately 404.2 acres of land. Case No. Specific Plan 07-01 & PM 18969 Page 10 of 11 11. Applicable Enqineerinq Fees a) All plan check, permit, inspection, and impact fees are outlined on the Public Works Fee Schedule. A deposit in the amount of 100% of the estimated checking fee for each set of plans will be required at time of application for plan check. The amount of the fee is subject to adjustment if the construction cost estimate varies more than 10% from the estimate submitted with the application for plan checking. b) The current fee schedule is available at the Public Works Counter and at http://www.sbcity.orq 12. Traffic Requirements a) A traffic signal shall be installed at Northpark Boulevard and Campus Parkway prior to the issuance of the first building permit. b) A traffic signal shall be installed at East Campus Circle and the site access roadway prior to issuance of the first building permit unless a traffic analysis approved by the City Engineer is prepared to identify the number of occupied units need to generate the volumes of traffic that will meet the State's Traffic Signal Warrants at the intersection. If the City Engineer concurs with the findings of such an analysis, the traffic signal improvements may be deferred until occupancy of the identified number of units and no additional permits will be issued until the traffic signal is operational. If the City Engineer determines that the traffic signal warrants are met at this location at any time after any occupancy, no further occupancies shall occur until the traffic signal is installed. c) All Mitigation Measures identified in the Environmental Impact Report and Mitigation Monitoring Reporting Program (MMRP) will be required at the thresholds indicated in the report. d) Opening Day Mitigation Measures that shall be implemented by the project prior to any occupancy are listed below. i) Northpark Blvd (NS)/Campus Parkway (EW) - Install traffic signal, construct SB Left Turn Lane, construct two WB Through Lanes. ii) Project Access (EW)/East Campus Circle (Little Mountain Dr.) (NS) - Construct 'T Intersection w/"STOP" Controls, construct SB Left-Turn Lane, construct NB Right-Turn Lane, construct WB Right-Turn Lane, construct WB Left-Turn Lane. :'\' Proiect: A orooosed specific plan for the develooment of approximately 404.2 acres of land. Case No. Soecific Plan 07-01 & PM 18969 Page 11 of 11 iii) Northpark Blvd (EW)/University Parkway (NS) - Construct NB Left-Turn Lane, install EB Right-Turn Overlap Phasing (Signal Modification), construct two WB Left-Turn Lanes, construct WB Right-Turn Lane. ATTACHMENT D CITY OF SAN BERNARDINO Development Services Department - Public Works Division Standard Requirements Description: A request to subdivide lots two, three, four and five of PM 18969 into 44 low density residential lots. Applicant: Inland Communities Corp. Location: University Hills Case Number: TR 18140 1. Drainaqe and Flood Control a) All necessary drainage and flood control measures shall be subject to requirements of the City Engineer. The developer's Engineer shall furnish all necessary data relating to drainage and flood control. b) A local drainage study will be required for the project. Any drainage improvements, structures or storm drains needed to mitigate downstream impacts or protect the development shall be designed and constructed at the developer's expense, and right-of-way dedicated as necessary. c) Any detention basin(s) shall be designed in accordance with "Detention Basin Design Criteria for San Bernardino County." Retention basins are not acceptable. d) All drainage from the development shall be directed to an approved public drainage facility. If not feasible, proper drainage facilities and easements shall be provided to the satisfaction of the City Engineer. e) A Water Quality Management Plan (WQMP) has been prepared for PM 18969. This project shall adhere to the overall site WQMP requirements provided in the approved WQMP. f) A Storm Water Pollution Prevention Plan (SWPPP) will be required. The applicant is directed to the City's web page at www.sbcitV.orq - Departments - Development Services - Public Works for templates to use in the preparation of this plan. Proiect: A request to subdivide lots two, three. four and five of PM 18969 into 44 low density residential lots. Case No. TR 18140 Page 2 of9 g) The City Engineer, prior to issuance of any permit, shall approve the SWPPP. h) A "Notice of Intent (NOI)" shall be filed with the State Water Resources Control Board for construction disturbing 1 acre or more of land (including the project area, construction yards, storage areas, etc.). i) The City Engineer, prior to grading plan approval, shall approve an Erosion Control Plan. The plan shall be designed to control erosion due to water and wind, including blowing dust, during all phases of construction, including graded areas which are not proposed to be immediately built upon. 2. GradinQ and LandscapinQ a) The site/plot/grading and drainage plan shall be signed by a Registered Civil Engineer and a grading permit will be required. The grading plan shall be prepared in strict accordance with the City's "Grading Policies and Procedures" and the City's "Standard Drawings", unless otherwise approved by the City Engineer. b) Pad elevations shown on the rough and/or precise grading plan shall not vary more than one-foot for interior pads or one-half foot for exterior pads from the pad elevations shown on the tentative tract map as approved by the Planning Commission. Exterior pads are those pads immediately adjacent to existing streets or existing residential areas. c) Perimeter walls and landscaping & irrigation in the landscape maintenance district shall be installed and accepted prior to acceptance of rough grading. d) If more than 5,000 cubic yards of earthwork is proposed, the grading shall be supervised in accordance with the City's "Grading Policies and Procedures". e) The applicant must post a grading bond prior to issuance of a grading permit. The amount of the bond is to be determined by the City Engineer. f) If the grading plan indicates export or import, the source of the import material or the site for the deposition of the export shall be noted on the grading plan. Permit numbers shall be noted if the source or destination is in the City of San Bernardino. Proiect: A request to subdivide lots two. three. four and five of PM 18969 into 44 low density residential lots. Case No. TR 18140 Page 3 of9 g) If more than 1,000 cubic yards of earth is to be hauled on City Streets then a special hauling permit shall be obtained from the City Engineer. Additional conditions, such as truck route approval, traffic controls, bonding, covering of loads, street cleaning, etc. may be required by the City Engineer. h) A Precise Grading Plan is required for this project. Where feasible, this plan shall be incorporated with the grading plan and shall conform to all requirements of Section 15.04-167 of the Municipal Code (See "Grading Policies and Procedures"). i) One 4' x 11' PCC pad at least 4" thick shall be provided in the rear or side yard area of each lot for storage of recycling containers. The pad shall be screened from public view and a 3' wide concrete walkway shall be provided from the driveway to the pad. All gates along the access way shall have a minimum clear width of 3'-6". j) Retaining walls, block walls and all on-site fencing shall be designed and detailed on the Precise Grading Plan. This work shall be part of the on-site improvement permit issued by the City Engineer. All masonry walls shall be constructed of decorative block with architectural features acceptable to the City Planner. k) This project is located in the high wind zone. All walls and fences shall be designed to withstand 100 mph winds. All construction details shall be included on the appropriate plan. Structural calculations shall be provided for City review. I) This project is located in the high fire zone; therefore, all fences shall be of non-combustible material. m) The project Landscape Plan shall be reviewed and approved by the City Engineer prior to issuance of a grading permit. Submit 5 copies to the Engineering Division for Checking. n) The public right-of-way, between the property line and top of curb (also known as "parkway") along adjoining streets shall be landscaped by the developer and maintained in perpetuity by the property owner. Details of the parkway landscaping shall be included in the project's on-site landscape plan, unless the parkway area is included in a landscape maintenance district, in which case, a separate landscape plan shall be provided. 3. Landscape Maintenance District a) A Landscape Maintenance District (LMD) was formed for PM 18969. This project is within that district. Proiect: A reauest to subdivide lots two. three. four and five of PM 18969 into 44 low density residential lots. Case No. TR 18140 Page 4 of9 b) Prior to sale of each parcel, the Developer shall provide the City's Real Property Section of the Public Works Division with a signed copy of the "Notice of Assessment District" disclosure for each property purchaser. 4. Utilities a) Design and construct all public utilities to serve the site in accordance with City Code, City Standards and requirements of the serving utility, including gas, electric, telephone, water, sewer and cable TV (Cable TV optional for commercial, industrial, or institutional uses). b) Each parcel shall be provided with separate water and sewer facilities so the City or the agency providing such services in the area can serve it. c) Backflow preventers shall be installed for any building with the finished floor elevation below the rim elevation of the nearest upstream manhole. d) Sewer main extensions required to serve the site shall be constructed at the Developer's expense. e) This project is located in the sewer service area maintained by the City of San Bernardino therefore, any necessary sewer main extension shall be designed and constructed in accordance with the City's "Sewer Policy and Procedures" and City Standard Drawings. f) Utility services shall be placed underground and easements provided as required. g) A street cut permit, from the City Engineer, will be required for utility cuts into existing streets. h) Existing Utilities which interfere with new construction shall be relocated at the Developer's expense as directed by the City Engineer, except overhead lines, if required by provisions of the Development Code to be undergrounded. See Development Code Section 19.20.030 (non-subdivisions) or Section 19.30.110 (subdivisions). 5. Mappinq a) A Final Map based upon field survey will be required. b) All street names shall be subject to approval of the City Engineer prior to Map recordation. Proiect: A request to subdivide lots two. three. four and five of PM 18969 into 44 low densitv residential lots. Case No. TR 18140 Page 5 of9 C) Additional survey and map information including, but not limited to, building setbacks, flooding and zones, seismic lines and setbacks, geologic mapping and archeological sites shall be filed with the City Engineer in accordance with Ordinance No. MC-592. d) This Map is located in an Assessment District. If the assessment has not been paid off, the subdivider shall submit an apportionment application to the Real Property section of the Public Works Division and pay the fee established by ordinance. Application forms can be obtained from the Real Property Section at (909) 384- 5026. e) All rights of vehicular ingress/egress shall be dedicated from the following streets: i) "B" Street ii) "0" Street 6. Improvement Completion a) Street, sewer, drainage improvement, traffic signals, and landscape maintenance district landscape and irrigation plans for the entire project shall be completed, subject to the approval of the City Engineer, prior to the Map recordation. b) If the construction/installation of required improvements, including landscaping and irrigation within the landscape maintenance district, are not completed prior to Map recordation, an improvement security accompanied by an agreement executed by the developer and the City will be required. c) Street light energy fee to pay cost of street light energy for a period of 4 years shall be paid. Exact amount shall be determined and shall become payable prior to map recordation. 7. Street Improvement and Dedications a) All public streets and public easements within and adjacent to the development shall be improved to City standards. Improvements shall include combination curb and gutter, paving, access ramps, street lights, sidewalks, and appurtenances, including, but not limited to traffic signals, traffic signal modifications, relocation of public or private facilities which interfere with new construction, striping, and landscaping and irrigation in the landscape maintenance district. All improvements shall be accomplished in accordance with the City of San Bernardino "Design Policies and Procedures" and City "Standard Drawings," unless otherwise Proiect: A request to subdivide lots two. three. four and five of PM 18969 into 44 low density residential lots. Case No. TR 18140 Page 6 0[9 approved by the City Engineer. Street lighting, when required, shall be designed and constructed in accordance with the City's "Street Lighting Policies and Procedures." Street lighting shall be shown on street improvement plans except where otherwise approved by the City Engineer. b) For the streets listed below, dedication of adequate street right-of- way (R.W.) to provide the distance from street centerline to property line and placement of the curb line (C.L.) in relation to the street centerline shall be as follows: Street Name Riqht of Way(ft.l Curb Line(ftl "G" Street 25 18 "H" Street 25 18 c) Construct 8" Curb and Gutter per City Standard No. 200 adjacent to the site. Widen pavement adjacent to the site to match new curb and gutter. Construct approach and departure transitions for traffic safety and drainage as approved by the City Engineer. d) Construct sidewalk adjacent to the site in accordance with City Standard No. 202; Case "A" (6' wide adjacent to curb). e) At all curb returns within and adjacent to the project site, construct accessible curb ramps in accordance with Caltrans Standards to comply with current ADA accessibility requirements. Dedicate sufficient right-of-way at the corner to accommodate the ramp. f) Construct Driveway Approaches per City Standard No. 203. Remove existing driveway approaches that are not part of the approved plan and replace with full height curb & gutter and sidewalk. g) All Curb return radii shall be 25 feet minimum. h) Construct all cul-de-sac's and knuckles in accordance with City Standard Drawing NO.1 01. i) Install Street Lights adjacent to the site in accordance with City Standard Nos. SL-1 and SL-2. 8. Required Enqineerinq Plans Proiect: A request to subdivide lots two, three. four and five of PM 18969 into 44 low density residential lots. Case No. TR 18140 Page 7 of9 a) A complete submittal for plan checking shall consist of: . street improvement plans (may include street lights or street lighting may be separate plan), . sewer plans . storm drain plans . signing & striping plan (may be on sheets included in street improvement plan), . street lighting . grading (may be incorporated with on-site improvement plan), . on-site landscaping and irrigation, . landscaping and irrigation in the landscape maintenance district, and . other plans as required, Piecemeal submittal of various types of plans for the same project will not be allowed. . tract map . All required supporting calculations, studies and reports must be included in the initial submittal (including but not limited to drainage studies, soils reports, structural calculations) b) The rough grading plan may be designed and submitted in combination with the precise grading plan, c) All improvement plans submitted for plan check shall be prepared on the City's standard 24" x 36" sheets. A signature block satisfactory to the City Engineer or his designee shall be provided. d) After completion of plan checking, final mylar drawings, stamped and signed by the Registered Civil Engineer in charge, shall be submitted to the City Engineer for approval. e) Electronic files of all improvement plans/drawings shall be submitted to the City Engineer. The files shall be compatible with AutoCAD 2000, and include a DXF file of the project. Files shall be on a CD and shall be submitted at the same time the final mylar drawings are submitted for approval. Proiect: A request to subdivide lots two, three, four and five of PM 18969 into 44 low densitv residential lots. Case No. TR 18140 Page 8 of9 f) Copies of the City's design policies and procedures and standard drawings are available at the Public Works Counter for the cost of reproduction. They are also available at no charge at the Public Works Web Site at http://www.sbcity.orq 9. ReQuired EnQineerinQ Permits a) Grading permit. b) On-site improvements construction permit (except buildings - see Development Services-Building Division), including landscaping. c) Off-site improvement construction permit. 10. Applicable EnqineerinQ Fees a) All plan check, permit, inspection, and impact fees are outlined on the Public Works Fee Schedule. A deposit in the amount of 100% of the estimated checking fee for each set of plans will be required at time of application for plan check. The amount of the fee is subject to adjustment if the construction cost estimate varies more than 10% from the estimate submitted with the application for plan checking, b) The current fee schedule is available at the Public Works Counter and at http://www.sbcitY.orq 11, Public Works Occupancy ReQuirements for Tract Development. a) On-site landscaping (private areas) shall be installed and accepted prior to release of gas utility and prior to final inspection, b) The streets within any phase of the subdivision shall be base paved (0.10 foot low) prior to delivery of construction materials to the site. c) Prior to final inspection of the first home in the tract (or phase), the final lift of pavement shall be installed. d) Prior to final inspection and release of the last three homes in the tract (or phase), the pavement on the streets adjacent to the tract shall be rehabilitated. The method and extent of rehabilitation shall be determined at time of final inspection by the City Engineer. 12. Traffic ReQuirements a) Prior to occupancy of any homes, a traffic signal shall be installed at the Northpark Boulevard/Campus Parkway intersection. 11 D Proiect: A request to subdivide lots two. three. four and five of PM 18969 into 44 low densitv residential lots. Case No. TR 18140 Page 9 of9 b) Prior to occupancy of any home, a traffic signal shall be installed at East Campus Circle/site access roadway unless an analysis approved by the City Engineer identifies the number of units that can be occupied before traffic signal warrants will be met at the intersection. If the City Engineer determines that traffic signal warrants are met at this location at any time after any home is occupied, no further occupancies shall occur until the traffic signal is installed. c) All Mitigation Measures identified in the Environmental Impact Report and Mitigation Monitoring Reporting Program (MMRP) will be required at the thresholds indicated in the report. d) Opening Day Mitigation Measures that shall be implemented by the project prior to any occupancy are listed below. i) Northpark Blvd (NS)/Campus Parkway (EW) - Install traffic signal, construct SB Left Turn Lane, construct two WB Through Lanes. ii) Project Access (EW)/East Campus Circle (Little Mountain Dr.) (NS) - Construct ''T'' Intersection w/"STOP" Controls, construct SB Left-Turn Lane, construct NB Right-Turn Lane, construct WB Right-Turn Lane, construct WB Left-Turn Lane. iii) Northpark Blvd (EW)/University Parkway (NS) - Construct NB Left-Turn Lane, install EB Right-Turn Overlap Phasing (Signal Modification), construct two WB Left-Turn Lanes, construct WB Right-Turn Lane. ATTACHMENT D CITY OF SAN BERNARDINO Development Services Department - Public Works Division Standard Requirements Description: A request to subdivide lots sixteen and seventeen of PM 18969 into 26 low density residential lots. Applicant: Inland Communities Corp. Location: University Hills Case Number: TR 18696 1. Drainaqe and Flood Control a) All necessary drainage and flood control measures shall be subject to requirements of the City Engineer. The developer's Engineer shall furnish all necessary data relating to drainage and flood control. b) A local drainage study will be required for the project. Any drainage improvements, structures or storm drains needed to mitigate downstream impacts or protect the development shall be designed and constructed at the developer's expense, and right-of-way dedicated as necessary. c) Any detention basin(s) shall be designed in accordance with "Detention Basin Design Criteria for San Bernardino County." Retention basins are not acceptable. d) All drainage from the development shall be directed to an approved public drainage facility. If not feasible, proper drainage facilities and easements shall be provided to the satisfaction of the City Engineer. e) A Water Quality Management Plan (WQMP) has been prepared for PM 18969. This project shall adhere to the overall site WQMP requirements provided in the approved WQMP. f) A Storm Water Pollution Prevention Plan (SWPPP) will be required. The applicant is directed to the City's web page at www.sbcitv.orq - Departments - Development Services - Public Works for templates to use in the preparation of this plan. Project: A request to subdivide lots sixteen and seventeen of PM 18969 into 2610w density residentiallots.. Case No. TR 18696 Page 2 of? g) The City Engineer, prior to issuance of any permit, shall approve the SWPPP. h) A "Notice of Intent (NOI)" shall be filed with the State Water Resources Control Board for construction disturbing 1 acre or more of land (including the project area, construction yards, storage areas, etc.). i) The City Engineer, prior to grading plan approval, shall approve an Erosion Control Plan. The plan shall be designed to control erosion due to water and wind, including blowing dust, during all phases of construction, including graded areas which are not proposed to be immediately built upon. 2. GradinQ and LandscapinQ a) The site/plot/grading and drainage plan shall be signed by a Registered Civil Engineer and a grading permit will be required. The grading plan shall be prepared in strict accordance with the City's "Grading Policies and Procedures" and the City's "Standard Drawings", unless otherwise approved by the City Engineer. b) Pad elevations shown on the rough and/or precise grading plan shall not vary more than one-foot for interior pads or one-half foot for exterior pads from the pad elevations shown on the tentative tract map as approved by the Planning Commission. Exterior pads are those pads immediately adjacent to existing streets or existing residential areas. c) Perimeter walls and landscaping & irrigation in the landscape maintenance district shall be installed and accepted prior to acceptance of rough grading. d) If more than 5,000 cubic yards of earthwork is proposed, the grading shall be supervised in accordance with the City's "Grading Policies and Procedures". e) The applicant must post a grading bond prior to issuance of a grading permit. The amount of the bond is to be determined by the City Engineer. f) If the grading plan indicates export or import, the source of the import material or the site for the deposition of the export shall be noted on the grading plan. Permit numbers shall be noted if the source or destination is in the City of San Bernardino. : i Project: A request to subdivide lots sixteen and seventeen of PM 18969 into 26 low density residential lots.. Case No. TR 18696 Page 3 of7 g) If more than 1,000 cubic yards of earth is to be hauled on City Streets then a special hauling permit shall be obtained from the City Engineer. Additional conditions, such as truck route approval, traffic controls, bonding, covering of loads, street cleaning, etc. may be required by the City Engineer. h) A Precise Grading Plan is required for this project. Where feasible, this plan shall be incorporated with the grading plan and shall conform to all requirements of Section 15.04-167 of the Municipal Code (See "Grading Policies and Procedures"). i) One 4' x 11' PCC pad at least 4" thick shall be provided in the rear or side yard area of each lot for storage of recycling containers. The pad shall be screened from public view and a 3' wide concrete walkway shall be provided from the driveway to the pad. All gates along the access way shall have a minimum clear width of 3'_6". j) Retaining walls, block walls and all on-site fencing shall be designed and detailed on the Precise Grading Plan. This work shall be part of the on-site improvement permit issued by the City Engineer. All masonry walls shall be constructed of decorative block with architectural features acceptable to the City Planner. k) This project is located in the high wind zone. All walls and fences shall be designed to withstand 100 mph winds. All construction details shall be included on the appropriate plan. Structural calculations shall be provided for City review. I) This project is located in the high fire zone; therefore, all fences shall be of non-combustible material. m) The project Landscape Plan shall be reviewed and approved by the City Engineer prior to issuance of a grading permit. Submit 5 copies to the Engineering Division for Checking. n) The public right-of-way, between the property line and top of curb (also known as "parkway") along adjoining streets shall be landscaped by the developer and maintained in perpetuity by the property owner. Details of the parkway landscaping shall be included in the project's on-site landscape plan, unless the parkway area is included in a landscape maintenance district, in which case, a separate landscape plan shall be provided. 3. Landscape Maintenance District a) A Landscape Maintenance District (LMD) was formed for PM 18969. This project is within that district. Project: A request to subdivide lots sixteen and seventeen of PM 18969 into 26 low density residential lots.. Case No. TR 18696 Page 4 of7 b) Prior to sale of each parcel, the Developer shall provide the City's Real Property Section of the Public Works Division with a signed copy of the "Notice of Assessment District" disclosure for each property purchaser. 4. Utilities a) Design and construct all public utilities to serve the site in accordance with City Code, City Standards and requirements of the serving utility, including gas, electric, telephone, water, sewer and cable TV (Cable TV optional for commercial, industrial, or institutional uses). b) Each parcel shall be provided with separate water and sewer facilities so the City or the agency providing such services in the area can serve it. c) Backflow preventers shall be installed for any building with the finished floor elevation below the rim elevation of the nearest upstream manhole. d) Utility services shall be placed underground and easements provided as required. e) A street cut permit, from the City Engineer, will be required for utility cuts into existing streets. f) Existing Utilities which interfere with new construction shall be relocated at the Developer's expense as directed by the City Engineer, except overhead lines, if required by provisions of the Development Code to be undergrounded. See Development Code Section 19.20.030 (non-subdivisions) or Section 19.30.110 (subdivisions). 5. MappinQ a) A Final Map based upon field survey will be required. b) All street names shall be subject to approval of the City Engineer prior to Map recordation. c) Additional survey and map information including, but not limited to, building setbacks, flooding and zones, seismic lines and setbacks, geologic mapping and archeological sites shall be filed with the City Engineer in accordance with Ordinance No. MC-592. d) This Map is located in an Assessment District. If the assessment has not been paid off, the subdivider shall submit an apportionment Project: A request to subdivide lots sixteeu and seventeen of PM 18969 into 2610w density residential lots.. Case No. TR 18696 Page 5 on application to the Real Property section of the Public Works Division and pay the fee established by ordinance. Application forms can be obtained from the Real Property Section at (909) 384- 5026. e) All rights of vehicular ingress/egress shall be dedicated from the following streets: i) "E" Street ii) "A" Street 6. Required EnQineerinQ Plans a) A complete submittal for plan checking shall consist of: . street improvement plans (may include street lights or street lighting may be separate plan), . sewer plans . storm drain plans . signing & striping plan (may be on sheets included in street improvement plan), . street lighting . grading (may be incorporated with on-site improvement plan), . on-site landscaping and irrigation, . landscaping and irrigation in the landscape maintenance district, and . other plans as required. Piecemeal submittal of various types of plans for the same project will not be allowed. . tract map . All required supporting calculations, studies and reports must be included in the initial submittal (including but not limited to drainage studies, soils reports, structural calculations) b) The rough grading plan may be designed and submitted in combination with the precise grading plan. Project: A request to subdivide lots sixteen and seventeen of PM 18969 into 26 low density residential lots.. Case No. TR 18696 Page 6 00 c) All improvement plans submitted for plan check shall be prepared on the City's standard 24" x 36" sheets. A signature block satisfactory to the City Engineer or his designee shall be provided. d) After completion of plan checking, final mylar drawings, stamped and signed by the Registered Civil Engineer in charge, shall be submitted to the City Engineer for approval. e) Electronic files of all improvement plans/drawings shall be submitted to the City Engineer. The files shall be compatible with AutoCAD 2000, and include a .DXF file of the project. Files shall be on a CD and shall be submitted at the same time the final mylar drawings are submitted for approval. f) Copies of the City's design policies and procedures and standard drawings are available at the Public Works Counter for the cost of reproduction. They are also available at no charge at the Public Works Web Site at http://www.sbcitV.orq 7. Required EnQineerinQ Permits a) Grading permit. b) On-site improvements construction permit (except buildings - see Development Services-Building Division), including landscaping. c) Off-site improvement construction permit. 8. Applicable EnQineerinQ Fees a) All plan check, permit, inspection, and impact fees are outlined on the Public Works Fee Schedule. A deposit in the amount of 100% of the estimated checking fee for each set of plans will be required at time of application for plan check. The amount of the fee is subject to adjustment if the construction cost estimate varies more than 10% from the estimate submitted with the application for plan checking. b) The current fee schedule is available at the Public Works Counter and at http://www.sbcitV.orq 9. Public Works Occupancy Requirements for Tract Development. a) On-site landscaping (private areas) shall be installed and accepted prior to release of gas utility and prior to final inspection. b) The streets within any phase of the subdivision shall be base paved (0.10 foot low) prior to delivery of construction materials to the site. Project: A request to subdivide lots sixteen and seventeen of PM 18969 into 26 low density residential lots.. Case No. TR 18696 Page 7 on c) Prior to final inspection of the first home in the tract (or phase), the final lift of pavement shall be installed. d) Prior to final inspection and release of the last three homes in the tract (or phase), the pavement on the streets adjacent to the tract shall be rehabilitated. The method and extent of rehabilitation shall be determined at time of final inspection by the City Engineer. 10. Traffic Requirements a) Prior to occupancy of any homes, a traffic signal shall be installed at the Northpark Boulevard/Campus Parkway intersection. b) Prior to occupancy of any home, a traffic signal shall be installed at East Campus Circle/site access roadway unless an analysis approved by the City Engineer identifies the number of units that can be occupied before traffic signal warrants will be met at the intersection. If the City Engineer determines that traffic signal warrants are met at this location at any time after any home is occupied, no further occupancies shall occur until the traffic signal is installed. c) All Mitigation Measures identified in the Environmental Impact Report and Mitigation Monitoring Reporting Program (MMRP) will be required at the thresholds indicated in the report. d) Opening Day Mitigation Measures that shall be implemented by the project prior to any occupancy are listed below. i) Northpark Blvd (NS)/Campus Parkway (EW) - Install traffic signal, construct SB Left Turn Lane, construct two WB Through Lanes. ii) Project Access (EW)/East Campus Circle (Little Mountain Dr.) (NS) - Construct 'T' Intersection w/"STOP" Controls, construct SB Left-Turn Lane, construct NB Right-Turn Lane, construct WB Right-Turn Lane, construct WB Left-Turn Lane. iii) Northpark Blvd (EW)/University Parkway (NS) - Construct NB Left-Turn Lane, install EB Right-Turn Overlap Phasing (Signal Modification), construct two WB Left-Turn Lanes, construct WB Right-Turn Lane. . CITY OF SAN BERNARDINO FIRE DEPARTMENT STANDARD REQUIREMENTS Case:\Sp Of- 01 Date: /a! 1'<01 c)!!3 Reviewed By: ~ I ( JIVIIK tl.<: I~JJU~_..c~c==c___ GENERAL REQUIREMENTS: o Provide one additional set of construction plans 10 Building and Safely for Fire Department use at timo of plan check. o Contact the City of San Bernardino Fire Department at (909) 384-5585 for specific detailed requirements. o The developer shall provide for adequate lire flow. Minimum fire flow requirements shall be based on square footage, construction features, and exposure infonnation supplied by the developer and must be available Q!:!m: to placing combustible materials on site. WATER PURVEYOR FOR FIRE PROTECTION: o The tire protection water service for the area of this project is provided by: o San Bernardino Municipal Water Department-Engineering (909) 384-5391 o East Valley Water District-Englneering (8(9) 888-8966 o Other Water purveyor: Phone: PUBLIC FIRE PROTECTION FACILITIES: o Public fire hydrants are required along streets at inlervals not 10 exceed 300 feet for commercial and multi-residential areas and at intervals not to exceed 500 feet for residential areas. o Fire hydrant minimum flow rates of 1,500 gpm at a 20 psi minimum residual pressure are required for commercial and multi-residential areas. Minimum fire hydrant flow rates of 1,000 gpm at a 20 psi minimum residual pressure are required for residential areas. o Fire hydrant type and specific location shall be jointly determined by the City of San Bernardino Fire Department in conjunction 'Nith the water pUlveyor. Fire hydrant materials and installation shall conform to Ihe standards and specifications of the water purveyor. o Public fire hydrants, tire services. and public water facilities necessary to moot Fire Department requirements are the developer's financial responsibility and shall be installed by the waler purveyor or by the developer at the water purveyor's discretion. Contact the water purveyor indicated above for additional information. ACCESS: o Provide two separate. dedicated roules of ingress/egress to the property entrance. The ralites shall be paved, all \Wather. o Provide an access road to each buildIng for fire apparatus. Access roadway shalt have an all-weather driving surface of not less than 20 feet of unob- structed INidth. o Extend roadway to within 150 feet of all portions Df the exterior wall of all single story buildings. o Extend roadway to \-\Iithin 50 feet of the e>.18rior wall of all multiple-story buildings. o Provide ~NO PARKJNG~ signs whenever parking of vehicles would pOSSible reducll tho clearance of access roadways to less than the required width. Signs are to read ~F1RE LANE-NO PARKING-M.C. Sec. 15.16". o Dead-end streets shall not exceed 500 leet in length and shall have a minimum 40 foot radius turnaround. o The names of any new streets (public or private) shall be submitted to the Fire Department for approval. SITE: o All access roads and streets are to be constructed and usable prior to combustible construction. o Priva!e fire hydrants shalt be installed to protect each ~uilding loc~ted more t~an t ~iO feel from the curb tine. N~ fire hydrants should be within 40 feet of any extenar wall. The hydrants shall be Wet Barrel type, With one 2% lOch and 4 lOch outlet, and approvf;ld by the FIre Department. Areas adjacent to fire hydrants shall be designated as a "NO PARKING" zone by painting an 8 inch 'Nide, rod stripe for 15 feet in each direction in front of the hydrant in such a manner that it will not be blocked by parked '.'ehides. Lettering to be In white 6" by !/~". BUilDINGS: o Address numerals shall be installed on Ihe t:uilding al the front or other approved location in $\ich a manner as 10 be visible from the frontage street. Com- mercial and multi family address numerals shall be 6 !r,ches tall, single tamlly addres.": nUn1(Jals shall be 4 inches lall. The color of the numerals shall con. trast with the color of the backgruund. o Identity each gas and electric meter with the number oflhe unit i\ SeN'9S. o Fire extinguishers must be installed prior to Ih~ bui!ding being cccupi(~d. fhe mini@Jm rali:;,] hr ar;y fir~ extinguisher is 2A 108lC. Minimum distribution of lire extinguishers must be such that no intO/ior p,"Olrt of the building is over 75leel travt;l; di:;tdr.ce flOm a fire extinguisher. o Apartment houses with 16 or more uf1its. rolf,'ls (rnulels) "'lith 20 or more units, or apartments or hatJls (motels) three stories or more in height shall be equipped with automatic fire sprinklels dASlrY1ed t,) NFPA slandaflis. o All buildings. over 5,000 square feet. stJdH b~ gqu:pped '....'th an autnmcvic fire ;;;pnnker,:ysl.:l.:r J6siUn';ld ~o NFPA standards. This includes existing buildings vacant over 365 days. D Submit plans for the fire protect~cn system h the Fire [Jep"lrtm'lnt prier 10 beginning r:olls!ruclion of ~he system. Permit required. o Tenant improvements in all sprinkleri::l,j bU;i"ings cHe to CB approved by t~e Fire Department prior 10 start of construction. Permit required. D Provide tire alarm (required thrCJu(;hou!i. ?!<:r~5 rnusl be approved by Ihe Fire Depart;nent prior 10 Mart 01 instailation. Permit required. o Fire Department connection to spdnkicr sYLle;n/standpipo system. sl"lnll be required at Fire Department approved location. B Fire Code Pennit required, apply at ~~OIJ ea:it ~~nj slmAl, n09) 384-t)338. Fire Sprinkler monitoring required. Fl13ns :rtusl bd dppi"oved by the Fire Department prior to the start oj construction. Permit required. D Occupant Load. Note: The applicant must request, in w.it:ng, any i.:har:!Jes to Fire Dupartment requirements. J / ADDITIONAL INFORMATION: 7JlEL p.)e.<.. /Y'LQ111EI CBILClJll__/2Lf1 N;;f'!iSVl55.---tlAY1f fJJR:;;~ - -n;1'.;7]Afll/~12E:50U/5.lL ~l<...-z.t!~.;:::'LM.Jl1I}'}2G./.fB(,..-rnnvr;, J;AJ.j2J"ra:: ()rJ (')-;r.. /d..! ,'loo3. 71/6&6 ABEA11MO}Z.j~ro;;:LI-ftRL!:d:lfi.!...fib . _ ~L!l~~--&E;'.. m6mo7iiiii-uiJlt-:LJ~~f[liE.Gi/~~zQ.~~~___ ---5~LELL...E.L+iI'./ IE/I?, .. FP8170(03-ll:.1) SAN BERNARDINO MUNICIPAL WATER DEPARTMENT STANDARD REQUIREMENTS DRC/ERC Case: SPECIFIC PLAN NO. 07-01 University Hills Specific Plan (UHSP) APN NUMBER: EPN NUMBER: REVIEW OF PLANS: OWNER: DEVELOPER: TYPE OF PROJECT: 265-041-12,265-051-09,12,13,265-061-16 2007-007 DATE COMPilED: 4/9/2008 COMPILED BY: Brunson, Ted NUMBER OF UNITS: LOCATION: Fontana Corners III Inland Communities Corporation A new specific plan proposal for the Paradise Hills Specific Plan, approved in 1993. The UHSP is a proposal for 980 dwelling units, 7 ae. Of parks and ree., and 245 ae. Open space. 404.2 ae. Total, N/E of Cal State S8. 980 Generally northeast of California State University, San Bernardino WATER DEPARTMENT ENGINEERING: CONTACT: Litchfield, Matthew PHONE NUMBER: (909) 384-5107 FAX NUMBER: (909) 384-5532 Note: All Water Services are Subject to the Rules Regulations afthe Water Department ;;j Size of Main Adjacent the Project NONE - FUTURE 1880 PRESSURE ZONE Approximate Water Pressure Elevation of Water Storage: Q. Hydrant Flow @ 20psi: Type, Size, Location and Distance to Nearest Fire Hydrant Water Supply Study Required Pressure Regulator Required on Customer Side of the Meter Offsite Water Facilities Required Water Main Reimbursement Due Area Not Served by San Bernardino Municipal Water Department Network Hydraulic Analysis Required per Uniform Design Standards Comments: . WATER SUPPLY ASSESSMENT HAS BEEN PERFORMED BY THE SBMWD, MAY 2007 . HYDRAULIC ANALYSIS SUBMITTED BY PBS & J APRIL 24, 2007. . DEVELOPER INSTALLED AGREEMENT REQUIRED . SBMWD WILL CONTRIBUTE BY CONSTRUCTION OF THE REQUIRED 1720 ZONE RESERVOIR ONLY. . DEVELOPER WILL BE RESPONSIBLE FOR PROVIDING THE SITE FOR THE 1720 ZONE RESERVOIR LOCATION. THIS WILL INCLUDE GRADING, PIPING, AND ALL RELATIVE SITE PREPARATION FOR THE RESERVOIR CONSTRUCTION. . DEVELOPER WilL BE RESPONSIBLE FOR ALL OTHER WATER INFRASTRUCTURE FROM THE 1580 ZONE TO THE HIGHEST RESERVOIR TO SERVE THE DEVELOPMENT. WATER QUALITY CONTROL CONTACT: Arrieta, Con PHONE NUMBER: (909) 384-5325 ." R.P.P. Backflow Device Required at Service Connection for Domestic Service ." Double Check Backflow Device Required at Service Connection for Fire and Irrigation ." Backflow Device to be Inspected before Water Service can be Activated No Backflow Device is required at this time SEWER CAPACITY INFORMATION CONTACT: Thomsen, Neil PHONE NUMBER: (909) 384-5093 FAX NUMBER: (909) 384-5592 Note: Proof of Payment Must be Submitted to the Building Safety Department Prior to Issuance of the Building Permit Sewer Capacity Fee Applicable at this time Sewer Capacity Fee must be paid to the Water Department for Q Gallons Per Day: Equivalent Dwelling Units: Q ." Subject to Recalculation of Fee prior to the Issuance of Building Permit Breakdown Of Estimated Gallons Per Day FAX NUMBER: (909) 384-5928 COPY TO: Customer; Planning; Engineering Thursday, April 10, 2008 EPM Page 1 of 1 , ,) () City of San Bernardino Public Services Department Standard Development Requirements 300 North D Street - 4th Floor San Bernardino, CA 92418 RESIDENTIAL TRACTS & lOTS Collection Services 1. Residential refuse and recycling services are to be provided by the City of San Bernardino Refuse & Recycling Division a minimum of once weekly. 2. The City shali provide upon request one set of a blue, green, and black 96 or 64-gallon automated service cart to each single family unit, OR one set to every 2 units in multi-unit dwellings up to 8 units. 3. Commercial requirements shall apply to all multi-unit dwellings over 8 units, unless otherwise approved. 4. Nonresidential establishments such as small offices, shops, meeting halls, or churches, which generate 2 cubic yards or less of non-bulky waste per week and are located on the same side of a residential block receiving automated cart service shall meet residential rather than commercial requirements. Automated Cart Storage & Access S. Residential units shall construct a minimum 4 feet by 11 feet concrete pad located out of view of public right- I of-way for storage of each set of up to 4 automated carts. If visible from the public right-of-way, the storage area shall be screened by landscaping, or masonry or solid wood fencing. SHOW ON GRADING AND SITE PLANS. 6. The path of travel from the storage pad to street shall be continuously paved without step or curb with 4-foot minimum gate openings in walls and fencing. The path of travel may include a paved driveway or patio area. SHOW ON GRADING AND SITE PLANS. Service Vehicle Access I 7. Projects shall meet City Engineering vehicle access requirements on all streets within a residential tract. These requirements shall not limit requirements for Fire vehicle access. Curbside Service Area 8. A minimum 14-foot linear space on the street along the curb adjacent to the driveway of each residence must be clear for automated service carts, with a minimum 2-foot setback and 13-foot vertical clearance of all obstructions such as structures, fences, and raised landscaping. Gated Access 9. Gated properties that are locked and unmanned on service days anytime between the hours of 5 AM and 5 PM Monday through Saturday shall provide access code or key to Public Services. MDjPS 6.27.2003 ATTACHMENT G Environmental Findings of Fact for the Environmental Impact Report University Hills Specific Plan (State Clearinghouse # 2007071155) Prepared for: City of San Bernardino Planning Department 300 N. D Street San Bernardino, CA 92418 909.384.5080 Contact: Terri Rahhal, City Planner Prepared by: Michael Brandman Associates 621 E. Carnegie Drive, Suite 100 San Bernardino, CA 92408 909.884.2255 Contact: Kent Norton, AICP, REA, Director of Environmental Services "" ..... Draft October 9, 2008 Environmental Findings of Fact University Hills Specific Plan EIR Introduction TABLE OF CONTENTS Section 1: Introduction .......................................................................................................2 1.1 - Project Description ...........................................................................................2 1.2 - Backqround and Project History .......................................................................3 1.3 - Statutory and Requlatory Requirements ...........................................................4 1.4 - Summary of Environmental Findinqs .................................................................5 Section 2: Findinq Reqardinq Impacts that are Less Than Siqnificant and. Therefore, do not Require Mitiqation ............................................................................7 21 - Aesthetics, Liqht. and Glare.............................................................................. 7 2.2 - Aqricultural and Mineral Resources ............................ ............................... ......7 2.3 - Hazards and Hazardous Material..................... 2.4 - Land Use and Planninq ................................. 2.5 - Recreation............. ...... ......................... .......... ...................................................8 2.6 - Cumulative Impacts........................... ................. ...............................................8 2 7 - Summary......................... ...... ... ....................................................................... 16 Section 3: Findinq Reqardinq Potentially Siqnificant Effects that have been Mitiqated to Below a Level of Siqnificance with the Adoption of Mitiqation Measures .................................................................................................... 17 3.1 - Bioloqical Resources ....................................................................................... 17 3.2 - Cultural Resources..........................................................................................18 33 - Geoloqy and Soils ...........................................................................................20 3.4 - Hydroloqv and Water Quality ...........................................................................22 3.5 - Noise.... .......... ......... ......................... .......... ....... ..............................................25 3.6 - Public Services.................. ...... ... ... .......... ....... .................................................27 3.7 - Utilities................ ............................... .......... ....................................................27 38 - Cumulative Impacts......... ................................................................................ 28 Section 4: Findinq Reqardinq Impacts not Mitiqated to Below a Level of Siqnificance30 4.1 - Air Quality... ...................... ...... ... ... ........................ ........................................... 30 4.2 - Population and Housinq and SCAG Consistency............................................ 32 4.3 - Transportation...................... ...................... ..................................................... 33 4.4 - Cumulative ..................... ... ...... ................ ....... .................................................36 Section 5: Findinq Reqardinq Growth Inducinq, Unavoidable Adverse, and Irreversible Impacts................................................................. .... ..................................39 5.1 - Growth Inducinq Impacts.................................................................................39 5.2 - Irreversible Impacts. ........................................................................................ 40 Section 6: Findinq Reqardinq Alternatives to the Proposed Proiect.............................42 61 - No PrOject/No Development Alternative...........................................................43 6.2.. No Project - General Plan Development Alternative........................................43 6.3.. Modified Specific Plan Alternative....................................................................44 6.4 _ Educationallnstitution/Technoloqy Park Alternative ........................................45 6.5 .. Alternative Sites.................... ... ... ..' ... ....... ....... ........... .....................................46 Section 7: Statement of Overridinq Considerations ....................................................... 50 Environmental Findings of Fact University Hills Specific Plan EIR Introduction SECTION 1: INTRODUCTION This document contains the findings required under the California Environmental Quality Act (CEQA) (Public Resources Code, S 21000, et seq.) and the State CEQA Guidelines (California Code of Regulations, Title 14, S 15000 et seq.), specifically CEQA Guidelines S 15091, supporting the certification of the University Hills Specific Plan (UHSP) Environmental Impact Report (EIR) and approval of the project by the City of San Bernardino (City). 1.1 - Project Description The University Hills Specific Plan consists of 404.3 total acres, with 169.5 acres or 42 percent of the site proposed for residential and related uses, including 10.2 acres of parks and recreational uses. The project proposes a total of980 units with a gross density of2.4 dwelling units per acre (980 units divided by 404.3 total acres) and a net density of 5.8 units per acre, excluding natural open space (980 units divided by 169.5 acres). A tabular summary of the project components is provided in Table 3-3. A conceptual land plan for the Proposed Project is shown in Exhibit 3-5 and photographs of the site are shown in Exhibit 3-6. Residential densities range from 0.0 to 20 dwelling units per acre. The lowest densities (0-3.1 units per acre) arc located north of the San Andreas Fault and include single-family detached estate homes. Immediately south of the San Andreas Fault in the West Village area are standard detached lots (3.2-9 units per acre). Mixed Detached and Attached units (9.1-15 units per acre and 17 units per acre, respectively) are located in the interior and perimeter of the site. The highest densities (15.1-20 units per acre) are generally located in the interior portions of the West Village area around the clubhouse and in the East Village area behind Badger Hill. Four (4) acres ofthe highest density area (Planning Area 16) will be dedicated to CSUSB for exclusive use as faculty housing (approx. 60 units). It is estimated the UHSP project will eventually support a population of 3,283 persons based upon the maximum buildout of980 units times an average of3.35 persons per unit. This household size is based on 2000 US census data and the latest City demographic factors. The UHSP contains 10.3 acres of parks including a .2.2-acre private clubhouse in the West Village area which can accommodate a pool and tennis courts and other active amenities, two 0.5-acre recreational faCIlities in the East Village area, a 5-acre "California Walnut Grove Linear Park" along Badger Creek, and the 2.l-acre Glider Park (Planning Area 1) in the northwest comer of the sIle which will provide a safe approach zone for the hang gliders landing at the adjacent Andy Jackson Airpark. The project has an internal pedestrian/walking trails system that connects to a multi-purpose trail consistent with the planned regional trail for this area. The Project will preserve 234.8 acres (or 58 percent ofthe site) as natural open space that is proposed to be used by the nearby CSUSB as a "land laboratory" called the "Akkad Preserve." The land laboratory will have minimal improvements but may include limited trails, signage, fencing, and various teaching stations. A detailed summary of the proposed land use plan for the UHSP is provided in Table 3-4, Planning Area Land Uses. Environmental Findings of Fact University Hills Specific Plan EIR Introduction 1.2 - Background and Project History 1.2.1 - Background Pursuant to CEQA Guidelines S 15051, the City of San Bernardino is the lead agency for the University Hills Specific Plan, with primary land use authority over the Proposed Project. The City determined that the project may have significant impacts on the environment; therefore, a Draft Subsequent Environmental Impact Report (EIR) was prepared. The City issued a Notice of Preparation ofa Subsequent Environmental Impact Report between August 28, 2007 through September 27,2007, inviting comments from responsible agencies, other regulatory agencies, organizations and individuals pursuant to CEQA Guidelines S 15082. In response to the Notice of Preparation (NOP), the City received written comments which assisted the City in identifying the issues and alternatives for analysis in the Draft ElR. The City also held a scoping meeting at City of San Bernardino City Hall on September 18, 2007 to inform the public and interested agencies about the project and to solicit public comments on the scope of the environmental issues to be addressed in the Draft EIR. Pursuant to the CEQA Guidelines, the City prepared a Draft EIR (State Clearinghouse No. 2007091039) to analyze the project's potential adverse environmental impacts. Upon completion or the Draft ElR dated May 16, 2008, the City initiated a 45-day public comment period from May 16, to June 30, 2008, by filing a Notice of Completion (NOC) with the State Clearinghouse for the Governor's Office of Planning and Research and publishing a Notice of Availability (NOA) for the Draft EIR in a newspaper of general circulation within the City's jurisdiction (CEQA Guidelines S 15087). Copies of the Draft EIR were distributed to state agencies through the State Clearinghouse. The NOA was sent to public agencies, organizations, and individuals and indicated where copies of the Draft EIR could be obtained, or available for review. The City made copies of the Draft EIR available for local review at the City of San Bernardino Public Library 510 E. Florida Avenue, San Bernardino, CA 92543; San Bernardino Unified School District 2350 W. Latham Avc. San Bernardino, CA 92545; City of San Bernardino Planning Dept 445 Florida A venue San Bernardino, CA 92543. During the public review period for the Draft EIR, the City consulted with and requested comments from all responsible and trustee agencies, other regulatory agencies and other interested parties pursuant to CEQA Guidelines S 15086. During the public review period, the City received 303 written comments on the Draft ElR. The City provided written response to comments received from the commenting agencieslindividuals pursuant to Public Resources Code S 21 092.5. The response to comments includes the comments received on the Draft EIR, a list of those commenting, and the City's response to the significant environmental points raised in the review and consultation process. The Final EIR for the project consists of the Draft EIR (incorporated by reference), the response to comments, mitigation monitoring report program (MMRP), and changes to the Draft EIR which clarify, supplement, or update the informatIOn provided in the Draft EIR. None of the changes or supplemental information in the Final EIR Environmental Findings of Fact University Hills Specific Plan EIR Introduction constitute significant new information as defined by CEQA Guidelines 915508.5. Therefore, CEQA does not require recirculation of the Draft EIR. In summary, the Final EIR includes the Draft EIR, Response to Comments (RTC), corrections and additions to the Draft EIR, and a Mitigation Monitoring Report Program (MMRP). 1.2.2 - Project History The project, which was formerly known as The Paradise Hills Specific Plan, was submitted to the City of San Bernardino in 1991 and approved in 1993. The City of San Bernardino General Plan and Development Code govern land use and zoning on the project site. Both of these plans identify the project site as governed by the Paradise Hills Specific Plan. Currently, the proposed University Hills Specific Plan is not consistent with the City of San Bernardino General Plan Land Use. However, the project proposes to do a General Plan amendment, making the proposed project site consistent with the General Plan Land Use. If approved, the University Hills Specific Plan (UHSP) would replace the Paradise Hills Specific Plan relative to land use on the Proposed Project site. The approved Paradise Hills Specific Plan proposed 504 residential units on approximately 229 acres (56.7 percent) with 175 acres (43.3 percent) to remain as natural open space. The residential units were divided into areas in the "foothill" development zone (383 units on 110.6 acres or 3.5 units per acre average density) and areas in the "hillside" development zone (121 units on 117.9 acres or I unit per acre average denSIty). The PHSP has a gross density of 1.25 units per acre (504 units on 404 acres) and a net density of2.2 units per acre (504 units on 229 acres - total size minus open space). Due to economic conditions, the project was never built. 1.3 - Statutory and Regulatory Requirements These findings are based upon the information in the record of proceedings, including, but not limited to, the Final EIR, staffreports, project applicant's materials, MMRP, and the testimony presented at public hearings. Section 15091 of the CEQA Guidelines precludes the City from approving or carrying out a project for which a Draft EIR has been certified that identifies any significant environmental effects unless the City makes one or more of the following written finding(s) for each of those significant effects accompanied by a brief explanation ofthe rationale for each finding: I. Changes or alterations have been required in, or incorporated into, the project which will avoid or substantially lessen the significant environmental impact as identified in the Draft EIR; or 2. Such changes or alterations are within the responsibility and jurisdiction of a public agency other than the City, and such changes have been adopted by such other agency, or can and should be adopted by such other agency; or 3. Specific economic, social, legal, or other considerations make infeasible the mitigation measures or project alternatives identified in the Draft EIR. Environmental Findings of Fact University Hills Specific Plan EIR Introduction Sections 15092 and 15093 of the CEQA Guidelines require that if the project will cause significant lmavoidable adverse impacts, the City must adopt a Statement of Overriding Considerations prior to approving the project. A Statement of Overriding Considerations states that any sil,'11ificant adverse project efTects are acceptable if expected project benefits outweigh unavoidable adverse environmental impacts. 1.4 - Summary of Environmental Findings As set forth in more detail below, the City of San Bernardino Planning Department has endeavored in good faith to set forth the basis for its decision to approve the Proposed Project. All ofthe findings made by the City of San Bernardino are based upon its consideration of the Final EIR and the substantial evidence within the record as a whole. Each of these environmental issues is described m Section 2 (Introduction) and in Section I (Executive Summary) of the Draft EIR. Environmental impacts identified in the Final EIR which the City of San Bernardino finds are less than significant and do not require mitigation are as follows: . Aesthetics, Light, and Glare; . Agricultural and Mineral Resources; . Mineral Resources; and . Recreation. Environmental impacts identified in the Final EIR as potentially significant, but which the City of San Bernardino finds can be mitigated to a less than significant level through the imposition of mitigation measures and/or conditions set forth herein are as follows: . Biological Resources; . Cultural Resources; . Geology, Soils, and Seismicity; . Global Climate Change; . Hazards and Hazardous Materials; . Hydrology and Water Quality; . Land Use and Planning; . Noise; . Public Services; . Utilities. Environmental impacts identified in the Final EIR as potentially significant but which the City of San Bernardino finds cannot be fully mitigated to a less than significant level despite the imposition of all feasible mitigation measures are as follows: . Air Quality; . Population and housing and SCAG Consistency; and . Transportation and Circulation. Environmental impacts identified in the Final EIR as cumulative, unavoidable adverse, and irreversible are described in Section 5 of this document. Environmental Findings of Fact University Hills Specific Plan EIR Introduction Environmental impacts identified in the Final EIR as growth-inducing, unavoidable adverse, and irreversible are described in Section 6 of this document. Alternatives to the Proposed Project that might eliminate or reduce significant environmental impacts are described in Section 7 of this document. Public Resources Code ~ 21081.6 requires the City to prepare and adopt a mitigation monitoring and reporting program for any project for which mitigation measures have been imposed to assure compliance with the adopted mitigation measures. Prior to taking action to approve the project, the City of San Bernardino Planning Department was presented with, heard, reviewed, and considered all of the information and data in the admimstrative record, including, but not limited to, the Final EIR and all oral and written testimony presented to it during meetings and hearings. The Final ElR reflects the independent judgment of the City of San Bernardino Planning Department and is deemed adequate for purposes of making decisions on the merits of the project and its related actions. No comments made in the public hearings conducted by the City of San Bernardino Planning Department or any additional information submitted to the City have produced any substantial new information requiring recirculation or additional environmental review of the Draft EIR under CEQA because no new significant environmental impacts were identified, no substantial increase in the severity of any environmental impacts would occur and no feasible mitigation measures, as defined in CEQA Guidelines Section 15088.5, were rejected. Environmental Findings of Fact University Hills Specific Plan EIR Finding Regarding Impacts that are Less than Significant and, Therefore, do not Require Mitigation SECTION 2: FINDING REGARDING IMPACTS THAT ARE LESS THAN SIGNIFICANT AND, THEREFORE, DO NOT REQUIRE MITIGATION The City of San Bernardino Planning Department finds that the following environmental impacts identified in the Draft EIR are less than significant, and as a result, mitigation is not required under CEQA. 2.1 - Aesthetics, Light, and Glare From the visual simulations, it appears most views of the site would be obstructed by Badger Hill, especially from existing residences to the southeast, and by the Kendall Hills, which will block views from the southwest including the 1-215 Freeway. Limited views of the site, especially the upper portions adjacent to the San Andreas Fault and Badger Canyon, will occur with distance from the site, including from residences across Northpark Boulevard to the southwest and from the Cal State University San Bernardino campus. The Specific Plan landscaping guidelines indicate that manufactured slopes will be replanted, but some of these slopes may be visible from locations south and southwest of the site. The upper slopes of the San Bernardino Mountains and Badger Canyon will remain as permanent open space and views of these areas will not change from present conditions. Several policies in the City of San Bernardino General Plan recognize that the project site (as the PHSP site) will be developed with residential uses. The proposed UHSP land plan increases development intensity on the alluvial fan areas but clusters or concentrates residences south of the San Andreas Fault and out of Badger Canyon. On balance, the proposed UHSP land plan appears to be equivalent or superior to the previously approved PHSP in terms of visual impacts. The project site is not visible from 1-215 or SR-18, and neither of these are designated scenic routes in the vicinity of the project site. Development of the Proposed Project would not affect views ofthe hills from 1-215 because of the intervening Kendall Hills. For these reasons, the Proposed Project will have a less than significant impact on Aesthetics Light and Glare. 2.2 - Agricultural and Mineral Resources According to the Farmland Mapping and Monitoring Prob'Tam (FMMP) maps prepared by the California Resources Agency, there is no designated Prime Farmland, Unique Fannland, or Farmland of Statewide Importance on the project site or adjacent areas. In addition, the site does not contam enough prime agricultural soils or other physical characteristics that would yield a significant LESA Model score. Furthermore, according to the City of San Bernardino General Plan, the project area is not designated for agricultural use, and there are no active Williamson Act contracts in place for any portion of the project area or adjacent areas. According to the California Department of Conservation's Mineral Land Classification report for the area, the project site occurs within an area that has been classified as MRZ-3. These are areas where Environmental Findings of Fact University Hills Specific Plan EJR Finding Regarding Impacts that are Less than Significant and, Therefore, do not Require Mitigation the significance of mineral deposits cannot be evaluated from available data. However, it should be noted that no mineral production currently occurs on or adjacent to the project area. Soil composition, depth-to-bedrock, and other factors make the site unattractive for sand and gravel operations. These types of operations are better suited to valley bottoms and arroyo channels, not the mountain foothills where the project is located. Other valuable mineral resource constituents are not known to occur in the project area. For these reasons, the Proposed Project will have a less than significant impact on Ab'ficulture and Mineral Resources. 2.3 - Recreation The Proposed Project would increase the City's population and have a corresponding increase in park usage. However, the Proposed Project would provide 10.3 acres of onsite park facilities and the equivalent of 6.1 acres of in-lieu fee payments to acquire and develop additional parkland to offset its contribution to increase park usage. The City's General Plan shows the Foothills Regional Trail goes through the Proposed Project site. The University Hills Specific Plan proposes a regional trail along the extension of Campus Parkway through the site in a northwest-southeast direction to provide connections to the future planned extension ofthe Foothills Trail to the east and west of the project site. In addition, the project would provide non-vehicular paths, sidewalks, etc. for project residents to travel within the project and to the CSUSB campus without using personal vehicles. For these reasons, the Proposed Project will have a less than significant impact on Recreation. 2.4 - Cumulative Impacts 2.4.1 - Aesthetics, Light, and Glare The analysis area for evaluation of cumulative impacts to aesthetics resources includes views of the southwestern portion ofthe San Bernardino Mountains to the north. Views of the site from surrounding areas are somewhat limited by the Kendall Hills to the southwest and Badger Hill immediately south of the site. The slopes with elevations above 2,000 feet are readily visible trom downtown San Bernardino and other locations in this portion of the San Bernardino Valley where views are not blocked to the north. Views ofthe site from the 1-215 Freeway are effectively blocked by the low Kendall Hills (along the north side of Kendall Drive west of University Parkway). Devclopment of the project as proposed will not require grading above 1,900 feet elevation other than the one reservoir pad, which means no manufactured slopes will be visible at a distance away trom this project. Similarly, planned structures are residential in nature and generally one to three stories in height. Since views of the site are restricted on an area-wide basis, so too would be glare trom reflections off windows or direct views of night lighting such as streetlights. The project does not contain any lighted athletic fields so there will be no glare from this potential source. For these reasons, the project will not have cumulative impacts relative to views or glare. Environmental Findings of Fact University Hills Specific Plan EIR Finding Regarding Impacts that are Less than Significant and, Therefore, do not Require Mitigation This area is essentially vacant at present and bounded by national forest land on the north. Nighttime lighting levels are very low at present, although there is considerable spillover from night lighting at the CSUSB to the south. If the Proposed Project is built, it will contribute to an overall increase in ambient nighttime light levels referred to as "sky glow" by the International Dark Sky Association, the most prominent group that monitors this urban and suburban development impact (www.darkskies.org). The development standards ofthe Specific Plan limit the installation of lighting fixturcs to the degree required for public safety by police and fire personnel. In addition, lighting levels will be relatively low, in terms of urban development, since the project is all residential and will have no commercial or institutional facilities that are lighted at night (e.g., shopping center). Potential impacts would be reduced further by review of proposed lighting plans during subsequent development review of the project as specific maps or buildings are proposed. Cumulative impact analysis is guided by buildout assumptions identified in the Land Use Section of the San Bernardino General Plan. Within the City and surrounding vacant areas, approved and additional development would result in additional lighting and surfaces that will create glare. The General Plan estimates the City will grow by 23,568 units from now until buildout, which will disturb thousands of acres ofland (Table LU-3, City General Plan 2005), but a relatively small amount of thIs planned growth will occur in the foothills and areas surrounding the Proposed Project site. While the Proposed Project will incrementally contribute to an increase in sky glow, this area is planned for residential development and its contributions to ambient lighting levels is considered to be not cumulatively considerable. 2.4.2 - Agricultural and Mineral Resources The analysis area for evaluation of cumulative impacts to the entire City and this portion of the San Bernardino Valley. The project, when combined with other projects anticipated in the General Plan, would not result in cumulative impacts. Other projects that would occur under General Plan buildout may affect the availability of existing or historical agricultural land or areas with identified mineral resources. Future development would also be required to comply with the City of San Bernardino General Plan. Fulfillment ofthese requirements would ensure that no significant impacts on these specialized land uses will occur from other projects that would occur under buildout. 2.4.3 - Biological Resources The analysis area for evaluation of cumulative impacts to biological resources includes this western portion of the San Bernardino Mountains, its foothills along the southern slope of the mountains, as well as the canyons that drain these slopes, down to Cajon Creek and ultimately to the Santa Ana River southwest of the project area. The project will develop 160 acres of alluvial fan terrace area covered by chaparral with vegetation of disturbed grassland and native scrub vegetation. Some of these lands overlap critical habitat for the California gnatcatcher and San Bernardino kangaroo rat. However, neither of these species were found on the project site. Conversely, the project would preserve 235 acres of land comprising the foothills and canyons of middle and upper Badger Canyon, Environmental Findings of Fact University Hills Specific Plan EIR Finding Regarding Impacts that are Less than Significant and, Therefore, do not Require Mitigation which is a major drainage in this portion of the foothills. With mitigation, potential impacts to listed animal species were reduced to less than significant levels. With the preservation of Badger Creek and its feeder canyons, potential regional impacts from this project on biological resources are not considered to be cumulatively considerable. 2.4.4 - Cultural Resources The analysis area for evaluation of cumulative impacts to cultural resources includes the entire City as outlined in the San Bernardino General Plan. The project vicinity represents an area with prehistoric settlement by several Native American groups prior to Spanish and Mexican settlement, and then American settlement during the mid-nineteenth century. The project site and surrounding areas are largely vacant at present. The site appears to contain remnants of a small residential "camp" and homestead but this area will remain in permanent open space so there are no impacts in this regard. Development of the project site will contribute to the incremental loss of vacant lands that may contain cultural artifacts or resources. Potentially significant impacts were found for historic, archaeological, and paleontological resources, and for human remains, due to the possibility of encountering an unanticipated find during excavation. Mitigation measures are proposed to reduce the potentially significant impact to less than significant levels. With implementation of these mitigation measures, impacts to cultural resources would not be cumulatively considerable. 2.4.5 - Geology, Soils, and Seismicity The analysis area for evaluation of cumulative impacts to geology, soils, and seismicity includes this portion of San Bernardino County, due to the presence of several branches ofthe San Andreas Fault that cross the site. The various geotechnical investigations evaluated subsurface soil and groundwater conditions at the project site. The existing documents contained the results of extensive field explorations, laboratory testing, engineering analyses, and design recommendations for previous development projects at or near the project site. From these documents, geotechnical conclusions and preliminary recommendations for planning of the proposed development were developed. Cumulative impact analysis is guided by buildout assumptions identified in the Land Use Section of the San Bernardino General Plan. Within the City and surrounding vacant areas, approved and additional development would result in additional excavation activities and further intensification of land use that could potentially impact geology, soils, and seismicity in the area. The General Plan estimates the City will grow by 23,568 units from now until buildout, which will disturb thousands of acres ofland (Table LU-3, City General Plan 2005). Potentially significant project-level impacts were found concerning exposure of persons or structures to seismic hazards due to the presence of several faults onsite. Potentially significant impacts were also found concerning substantial erosion or loss of topsoil during site construction. The Proposed Project would develop 980 residential units in this portion of the City. The General Plan identifies areas in the City where additional growth will occur that contain various geotechnical constraints, including faults and soil erosion. However, only a small amount of this growth will occur proximate to the San Andreas Fault Zone. The City's General Plan, Development Code, development review Environmental Findings of Fact University Hills Specific Plan EIR Finding Regarding Impacts that are Less than Significant and, Therefore, do not Require Mitigation process, and uniform building code all require detailed geotechnical studies for proposed development which identify impacts and appropriate mitigation for suspected geotechnical hazards, similar to the process applied to the USHP project. Implementation of the UHSP project and future development under the General Plan, consistent with development guidelines from required geotechnical studies, will help reduce potential earth-related cumulative impacts to less than significant levels. Therefore, the Proposed Project will not make a substantial contribution to cumulatively considerable impacts relative to geology, soils, and seismicity. 2.4.6. Hazards and Hazardous Materials The analysis area for evaluation of cumulative impacts to hazards and hazardous materials includes the University District subarea identified in the San Bemardino General Plan as well as the City as a whole. Cumulative impact analysis is guided by buildout assumptions identified in the Land Use Section of the San Bernardino General Plan. Citywide, approved and additional development will result in additional excavation activities and further intensification of land use that could potentially impact hazards and hazardous materials in the area. Development of the City is expected to increase housing by 23,568 units from now until buildout, with some of that land being vacant while other lands have been developed. Development of the Proposed Project would result in an increased demand for fire protection services, resulting in the need for additional fire protection facilities and personnel to cover the Proposed Project. Potentially significant impacts were not found concerning: (1) location on a site that would create a potential hazard to the public and the environment; (2) exposure of sensitive receptors to hazardous emissions, materials, substances, or waste; or (3) impeding the implementation of or physically interfering with an adopted emergency response or evacuation plan. The Proposed Project would develop 980 residential units in an outlying vacant area, but residential development in general does not generate significant amounts of hazardous materials. Growth of industrial and to a lesser degree commercial uses in the City would generate more risk and potential impacts relative to hazardous materials on a cumulative basis. With implementation of best management practices and by following regulations, the Proposed Project would not make a substantial contribution to a cumulatively considerable impact relative to hazardous materials. 2.4.7 - Hydrology and Water Quality The analysis area for evaluation of cumulative impacts to hydrology and water quality includes the University District sub-area, identified in the San Bernardino General Plan as well as the City as a whole. The project site is currently vacant and does not consume potable water. The Preliminary Hydrology Report was prepared to present an initial analysis of the Proposed Project's effects on the local and regional drainage basin and to serve as a background for subsequent reports, such as a Stormwater Control Plan and a SWPPP, that are required during the development process. These and other subsequent documents will detail the design recommendations for the control of stormwater for the project site and be used to meet local and regional regulatory requirements. Environmental Findings of Fact University Hills Specific Plan EIR Finding Regarding Impacts that are Less than Significant and, Therefore, do not Require Mitigation Cumulative impact analysis is guided by buildout assumptions identified in the Land Use Section of the San Bernardino General Plan. Citywide, approved and additional development will result in additional excavation activities and further intensification of land use, which could potentially impact hydrology and water quality in the area. The total residential units are expected to increase from 59,146 at present to 82,714 at buildout, representing an increase of 23,568 units. Potentially significant impacts were not found concerning the creation of additional impervious surface coverage and alteration of existing drainage patterns, potentially leading to downstream flooding or substantial erosion or siltation on- or offsite. Potentially significant impacts were found relating to adverse impacts to water quality during construction, adverse impacts to water quality from land use activities associated with the Proposed Project, substantial depletion of groundwater supplies or substantial interference with groundwater recharge, and creation of runoff water that could exceed the capacity of existing or planned stormwater drainage systems. The Proposed Project would develop 980 residential units in this University District subarea. When taken into account with all residential and commercial buildout anticipated in the General Plan, the Proposed Project would result in a si!,'I1ificant cumulative effect. However, the design of the project will incorporate water retention basins and bio-swales to increase infiltration of water as the new project is built. The Proposed Project would cause a net increase in potable water demand by almost a million gallons per day in relation to existing demand on the project site. The City's WSA has indicated that this demand is accounted for in their long-term water supply planning and would not require the development of additional supplies. Unfortunately, City staff indicate that reclaimed water is not and will not be available to the project area at a cost effective rate due to its elevation (i.e., too high), and there is no infrastructure in place or planned to provide reclaimed water to the project site. Even with the ongoing uncertainty of imported water for Southern California and the City's General Plan goal of using recycled water whenever practical, this impact is considered less than significant due to the design and location of the project relative to water and reclaimed water. Furthermore, with the design of the project and recommended mitigation measures, the EIR concluded that water-related Impacts of the Proposed Project would be reduced to less than significant levels. Therefore, the project will not have a cumulatively considerable impact regarding hydrology and water quality. 2.4.8 - Land Use The analysis area for evaluation of cumulative impacts to land use includes the University District subarea and the City as a whole, as identified in the San Bernardino General Plan. The project site and Its surroundings are vacant. The General Plan designation for the project site is Residential Low (RL) in the steeper areas and Residential Suburban (RS) III the flatter portions of the site - these designations would allow from 750 to 966 residential units to be built on the site, depending on how units were placed or clustered in hillside areas (see Section 4.8, Land Use, and 4.10, Population and Housing, for more information on potential buildout estimates). In addition, the City approved the Paradise Hills Specific Plan which would allow 504 units to be built on the site. Environmental Findings of Fact University Hills Specific Plan EIR Finding Regarding Impacts that are Less than Significant and, Therefore, do not Require Mitigation Cumulative impact analysis is guided by buildout assumptions identified in the Land Use Section of the San Bernardino General Plan. Within the City, approved and additional residential and commercial development will result in additional excavation activities and further intensification of land use. Total residential units will increase trom 59,146 units at present to 82,714 units at buildout. The University Hills project would increase the intensity of development on the project site by 95 percent compared to the PHSI' (980 vs. 504 units). However, it is estimated that approximately 750 to 966 units could be built on the UHSP project site under the RL and RS designations of the General Plan, depending on how units were actually clustered in hillside areas. Development under the UHSP would represent an increase of 1.5 to 31 percent over that allowed under the Genera Plan. Section 4.10, Population and Housing, of the EIR concluded that the Project would have significant population and housing impacts because it was not consistent with SCAG growth projections, however, it does not appear the Project would make significant contributions to cumulative land use impacts related to growth. The project will intensify the land use designated by the General Plan by up to 31 percent. When combined with other projects anticipated in the General Plan, it is not anticipated that this potential amount of change would result in cumulatively considerable land use impacts. Other projects that would occur under General Plan buildout would not physically divide an established community, and they would be required to demonstrate compatibility with surrounding land uses and comply with the City of San Bernardino General Plan and Development Code. Fulfillment of these requirements would ensure that no significant impacts on land use occur trom other projects that would occur under buildout. 2.4.9 - Noise The analysis area for evaluation of cumulative noise impacts encompasses the ambient noise environment around the project site as well as roadways that would experience increases in traffic volumes from project-generated trips. The cumulative noise impact analysis is guided by evaluating increases in ambient noise levels in the project vicinity relative to existing conditions. Construction noise would result in temporary increases in ambient noise levels, and mitigation is proposed that would require implementation of noise control measures during construction activities. 8ecause construction would be temporary, ambient noise levels would not experience a permanent increase and, therefore, no cumulatively considerable increase would occur. The Proposed Project would result in construction and operational vibration. Construction and operational vibration would not exceed significance thresholds at the nearest land uses (the residences south of Planning Areas 18 and 20 off of North I Street) and, therefore, would not be cumulative considerable. Project residential units would not be exposed to substantial vibration from vehicular activities due to the nature of the project (i.e., suburban residential). Therefore, project residents would not be exposed to significant sources of vibration or noise, and impacts would not be cumulatively considerable. Vehicular trips generated by the Proposed Project would not cause ambient noise levels along any affected roadway segments to exceed acceptable noise standards under opening year or buildout conditions. Therefore, the Proposed Project would not have a cumulative considerable impact related to increased ambient Environmental Findings of Fact University Hi//s Specific Plan EIR Finding Regarding Impacts that are Less than Significant and, Therefore, do not Require Mitigation noise levels on nearby roadways. Onsite noise associated with the Proposed Project would not result in ambient noise levels increasing to unacceptable levels at any surrounding land uses. Therefore, the Proposed Project would not have a cumulative considerable impact related to increased ambient noise levels at surrounding land uses. Onsite noise associated with the Proposed Project may expose project residents to unacceptable levels. Mitigation is proposed that would require the installation of various structural noise attenuation measures to ensure that interior residential noise levels are within acceptable standards to reduce impacts to a less than significant level. Therefore, the Proposed Project would not have a cumulative considerable impact related to exposure of project residents to unacceptable noise levels. In summary, the Proposed Project would not result in increases in ambicnt noise that would be cumulatively considerable. According to the City of San Bernardino General Plan Environmental Impact Report (2005 Ell~), noise impacts would be significant after buildout until the San Bernardino Airport Master Plan has been adopted by the San Bernardino International Airport Authority (SBIAA) and corresponding noise contours have been established the extent of impact to parkland near the airport cannot be determined. Parkland is designated as a sensitive use in the General Plan and should the noise contour exceed the limitations established by the General Plan no foreseeable mitigation could be accomplished if the park were to remain in use. Under those circumstances, the impact would be considered a significant adverse and unavoidable impact. The proposed UHSP is approximately 7.5 miles from the San Bernardino International Airport and is therefore outside the five (5) mile noise contour and will not impacted be impacted. 2.4.10 - Population and Housing The analysis area for evaluation of cumulativc impacts to population and housing encompasses the SANBAG area and the entire Southern California region as monitored by SCAG. Cumulative impact analysis is guided by the population growth assumptions included in the City of San Bernardino General Plan and SANBAG's projections. The City of San Bernardino General Plan anticipates signitlcant growth in San Bernardino between 2005 and 2030. The California Department of Finance estimated San Bernardino's population to be 200,280 in 2005. The General Plan projected a five-year increment for the City's population; the projected 2007 population for the City is 205,010. According to SCAG the City's population for the year 2010 will be 207,021. The average annual incrcase in the City's population is 1.5 percent. The average annual increase in the City's 2007 population in combination with a 1.5 percent annual increase would make the total population 214,466 by the year 2010. The Proposed Project is anticipated to open in 2010. SCAG anticipates that the City's population would be 207,021 persons that year, indicating that actual growth has occurred at a much lower rate than anticipated. The Proposed Project's residential uses would directly add an estimated 3,283 residents to the City's population over approximately a 5-year period or through 2015. The Proposed Project would not create substantial new employment opportunities because this is a residential project. Environmental Findings of Fact University Hills Specific Plan EIR Finding Regarding Impacts that are Less than Significant and, Therefore, do not Require Mitigation For the purposes of providing a worst-case scenario analysis, it is assumed that all ofthe 3,283 new residents ofthe project would also be new residents to the City. SANBAG's forecast for population growth in San Bernardino is the same as that contained in the General Plan. Based on the existing population (205,010) and accounting for expected population growth between 2010 and 2015 (1.5 percent annually), the City's estimated population in 2010 without the Proposed Project would be 207,021 residents. The addition of the 3,283 new residents associated with the Proposed Project would bring the population to 210,304, exceeding the City and SCAG's 2010 population projection of 207,021 persons by two (2) percent. With the addition of population growth induced by the Proposed Project, the City's 2015 population is estimated to be 212,143 persons, which would slightly exceed the SANBAG's 2015 projection (208,860) by two (2) percent. Although the slight addition of population trom the proposed project is projected to exceed SANBAG's 2010 projections by two (2) percent, the Proposed Project would not represent a cumulatively considerable growth-inducing impact relative to population and housing. 2.4.11 . Public Services and Recreation The analysis area for evaluation of cumulative impacts to public services and recreation includes the entire City of San Bernardino. The City of San Bernardino Parks and Community Services Department owns and maintains 52 park sites totaling 540 acres. Of these sites, 10 are dedicated community parks, 19 are neighborhood parks, 3 are special use parks, and 17 are pocket or mini- parks. Cumulative impact analysis is guided by buildout assumptions identified in the Land Use Section of the San Bernardino General Plan. Within the subareas that constitute the City, approved and additional residential and commercial development will result in a further intensification of land use and continue to place demands on public services and recreation resources compared with existing conditions. Within the City, residential development will increase the housing stock from 59,146 units to 82,714 units (+72 percent), and substantial development will also occur in the Sphere of Influence area (a total of95,664 units at buildout [Table LU-3, CSB General Plan 2005]). Among public services and recreation resources, potentially significant impacts were found only for fire protection and emergency medical services, and trails. Potentially significant impacts were found regarding fire protection and emergency medical services that were due to the location of the project relative to existing police and fire facilities. Other projects that would occur under buildout could include mixed use projects with multistory buildings and both residential and commercial uses combined. Therefore, when considered with other projects associated with buildout, the Proposed Project would result in cumulative impacts for fire protection and emergency medical services. Since impacts for these resources are potentially significant for the Proposed Project separately, there would be a cumulatively considerable impact regarding fire protection and emergency medical services. However, the same types of mitigations that would reduce these project specific impacts to less than significant would be developed for other projects associated with buildout (i.e., dedication of sites for new police and fire facilities). After mitigation, therefore, no cumulatively considerable impacts to fire protection and emergency medical services would occur. An incremental increase in impacts to Environmental Findings of Fact University Hills Specific Plan EIR Finding Regarding Impacts that are Less than Significant and, Therefore, do not Require Mitigation local and regional trails was also found associated with increased numbers ofresidents and trail users in outlying areas. Other projects that would occur during buildout would also increase numbers of residents and new employees and create additional use of the Foothill Trail and other trails beyond that anticipated for the Proposed Project. The project is installing the section of trail within its boundaries, so the Proposed Project is not expected to result in cumulative impacts to trails. 2.4.12 - Utilities The project, when combined with other projects anticipated in the General Plan, would not result in cumulative impacts. However, other projects that would occur under General Plan buildout may increase the amount of energy consumed by the City. Other projects in the planning area would be required to provide adequate assessment oflocal and regional energy facilities to conclude the future project would not significantly increase demands on energy consumption. Furthermore, future development would be required to comply with the City of San Bernardino General Plan. Therefore, because increased consumption of energy by the Proposed Project and other developments in the City have to comply with the City's General Plan, or are already anticipated by local or regional energy facilities, the cumulative energy impacts of the Proposed Project would be less than significant. A detailed discussion of impacts and mitigation measure can be found in Section 4.14, Utility Systems. 2.5 - Summary Regional growth may eventually result in a number of cumulatively considerable impacts, including tramc and air quality. However, the Proposed Project will not make significant contribution to any of these cumulatively considerable impacts either during construction or from use ofthe planned improvements. Environmental Findings of Fact University Hills Specific Plan EIR Finding Regarding Potentially Significant Effects that have been Mitigated to Below a Level of Significance with the Adoption of Mitigation Measures SECTION 3: FINDING REGARDING POTENTIALLY SIGNIFICANT EFFECTS THAT HAVE BEEN MITIGATED TO BELOW A.LEVELOF SIGNIFICANCE WITH THE ADOPTION OF MITIGATION MEASURES The City of San Bernardino Planning Department finds that the following environmental impacts identified in the Final EIR are potentially significant but can be mitigated to a less than significant level through the imposition of mitigation measures and/or conditions identified in the Final EIR and summarized below. 3.1 - Biological Resources 3.1.1 - Potentially Significant Impact Implementation of the project has the potential to adversely impact Plummer's mariposa lily, burrowing owl, nesting birds, and jurisdictional land. 3.1.2 - Finding With consideration of the above information and the implementation of mitigation measures BIO-Ja through BIO-lc, and BIO-3a, the project's impacts to biological resources are found to be less than signi fican!. 3.1.3 - Facts in Support of Finding The project-specific environmental effects will be eliminated or substantially lessened to less than significant levels by implementation of the following mitigation measures, as identified in the Final EIR: MM 610-1a MM 610-1b Plummer's Marisposa Lily. During the spring prior to grading, the developer shall retain a qualified biologist to conduct a focused survey of the proposed development areas to determine if this species is present onsite. The survey shall be conducted according to the standard protocol established by CDFG. If the species is present, the developer shall fund relocation of the plants to a suitable location within the permanent open space area. Burrowiug Owl. Within 30 days of grading or any ground disturbance activities on the project site, a qualified biologist shall conduct a focused survey to determine if burrowing owls are present onsite. The survey shall be conducted according to the standard protocol established by CDFG. If burrowing owls are determined to be present on the site, mitigation shall follow the CDFG guidelines mcluding passIve relocation. If vegetation removal or ground disturbance begins within 30 days of the focused survey, no pre-construction survey would be required. If vegetation removal or ground disturbance activities begin after 30 days of the focused survey, a subsequent pre-construction survey would be required. Environmental Findings of Fact University Hills Specific Plan EIR Finding Regarding Potentially Significant Effects that have been Mitigated to Below a Level of Significance with the Adoption of Mitigation Measures MM B10-1c MM-BIO-3a Nesting Birds. If trees or large shrubs (over 4 feet in height) will be removed during the nesting season (February 1 through August 31), a qualified biologist shall conduct a nesting bird survey no more than 30 days prior to any disturbance to identify any potential nesting activity. If passerine birds are found to be nesting, or there is evidence of nesting behavior within 250 feet ofthe impact area, the biologist shall determine an appropriate buffer that shall be required around the nests. No vegetation removal or ground disturbance would occur within this buffer. For raptor species-birds of prey (e.g., hawks and owls)-this buffer would generally be 500 feet. A qualified biologist shall monitor the nests closely until it is detemlincd that the nests are no longer active, at which time construction activities may commencc within the buffer area. Construction activity may encroach into the buffer area at the discretion of the biological monitor. Jnrisdictional Land. Prior to grading, the developer shall obtain a Clean Water Act Section 404 Permit from USACE, a Clean Water Act Section 401 Certification from the R WQCB (Santa Ana Region), and a Streambed Alteration Agreement from CDFG if jurisdictional land will be impacted. Offsite mitigation, if necessary, shall be provided at a minimum I: I ratio depending on location and importance of the jurisdictional land removed. If the project provides onsite mitigation equal or in excess of its identified impact (i.e., removal of jurisdictional land), no permits may be necessary. This determination shall be made by qualified biologists in consultation with City Planning, USACE, and CDFG staff based on the final land plan and value assigned to the proposed bio-swales and other drainage improvements onsite. 3.2 - Cultural Resources 3.2.1 - Potentially Significant Impact Implementation of the project has the potential to adversely impact unidentified cultural, archaeological, paleontological resources. 3.2.2 - Finding With consideration of the above information and the implementation of mitigation measures CUL-l through CULA, the project's impacts to cultural resources are found to be less than significant. 3.2.3 - Facts in Support of Finding The project-specific environmental effects will be eliminated or substantially lessened to less than significant levels by implementation of the following mitigation measures, as identified in the Final EIR: MM CUL-1 The developer shall retain a qualified historian to survey the building remnants between Planning Areas 18 and 20 to determine if they have any historical significance prior to excavation of the site. Due to their condition, they could not be Environmental Findings of Fact University Hills Specific Plan EIR Finding Regarding Potentially Significant Effects that have been Mitigated to Below a Level of Significance with the Adoption of Mitigation Measures MM CUL-2 MM CUL-3 preserved or protected in place even if it is determined they had historical significance. If they are determined to be significant, the developer shall retain a qualified historian to document the resource characteristics for archival purposes prior to demolition. The historian will prepare a report and submit it to the appropriate information center for their records. The developer shall retain a qualified archaeologist to monitor grading to the satisfaction of the staffs of the County Museum and City Development Services Department. Ifpotentially signifIcant archaeological or historic resources are encountered during subsurface activities, all construction within a 100-foot radiUS of the find shall cease until the monitor determines whether the resource requires further study. The developer shall include a standard inadvertent discovery clause in every construction contract to inform contractors of this requirement. Any previously undiscovered resources found during construction shall be recorded on appropriate DPR forms and evaluated for significance in terms of CEQA criteria by a qualified archaeologist. Potentially significant cultural resources consist of, but are not limited to, glass, ceramics, stone, bone, wood, rock and shell artifacts or features, including hearths, structural remains, or pre-historic dumpsites. If the resource is determined to be significant under CEQA, a qualified archaeologist shall prepare and implement a research design and archaeological data recovery plan, if necessary. The archaeologist shall also perform appropriate technical analyses, prepare a full written report and file it with the appropriate information center, and provide for pemlanent curation of the recovered resources. Prior to the start of excavation, a qualified paleontological monitor will be retamed to conduct an on site monitoring program to ensure protection of previously unknown paleontological specimens. In the event a fossil is discovered during construction of the Proposed Project when the paleontological monitor is not present, excavation within 100 feet of the find shall be temporarily halted until the discovery is examined by a qualified paleontologist, in accordance with Society of Vertebrate Paleontology standards. The developer shall include a standard inadvertent discovery clause in every construction contract to inform contractors ofthis requirement. The paleontologist shall notify the City of the procedures that must be followed before construction is allowed to resume at the location ofthe find. If the find is determined to be significant and the Paleontologist determines that avoidance is not feasible, the paleontologist shall design and carry out a data recovery plan consistent with the Society of Vertebrate Paleontology standards. The plan shall be submitted to the City for review and approval. Upon approval, the plan shall be incorporated into the project. The Paleontologist shall also perform appropriate technical analyses, prepare a full written report and tile it with the appropriate information center, and provide for permanent curation of any recovered resources. Environmental Findings of Fact University Hills Specific Plan EIR Finding Regarding Potentially Significant Effects that have been Mitigated to Below a Level of Significance with the Adoption of Mitigation Measures MM CUL-4 If human remains are encountered during earth-disturbing activities for the Proposed Project, all work within 100 feet ofthe find shall stop immediately and the San Bernardino County Coroner's office shall be notified. If the Coroner determines the remains are Native American in origin, the NAHC will be notified and, in turn, will notify the person determined to be the Most Likely Descendent (MLD). The MLD will provide recommendations for treatment of the remains (CEQA Guidelines 9 15064.5; Health and Safety Code 9 7050.5; Public Resources Code 99 5097.94 and 5097.98). 3.3 - Geology and Soils 3.3.1 - Potentially Significant Impact Because the project is located in a seismically active region, the impacts in regard to geology and soil are considered potentially significant. California has stringent permitting and building design standards designed to minimize the adverse impacts in the event of an earthquake. However, the Project may be damaged by seiche flows, soil erosion or topsoil loss, unstable geologic units, and cxpansive soils. 3.3.2 - Finding With consideration ofthe above information and the implementation of mitigation measure GEO-la, GEO-I b, GEO-3a, and GEO-3b, the project's impacts to Geology and Soils are found to be less than significant. 3.3.3 - Facts in Support of Finding The project-specific environmental effects will be eliminated or substantially lessened to less than significant levels by implementation of the following mitigation measures, as identified in the Final EIR: MM GEO-1 a Prior to the recordation of any map in the area north of the South Branch of the San Andreas Fault (Planning Area 15), detailed geologic investigations shall be prepared to determine slope stability, landslide limits, and specific structural and grading requirements to identify the most appropriate design and construction requirements for specific building foundations. This study must demonstrate that any residences to be built in this area will not be subject to landslides, or that risks associated with any landslide features or conditions can be alleviated or reduced to a level equivalent to that of other residential planning areas in the project. This measure shall be implemented to the satisfaction ofthe City Planner in consultation with the City Geologist or qualified geotechnical personnel retained by the City. MM GEO-1b Prior to the recordation of any tract map in the area north of the South Branch of the San Andreas Fault (Planning Area 15), the developer must demonstrate that the reservoir in Planning Area 22 will have no impact on any homes in Planning Area 15 Environmental Findings of Fact University Hills Specific Plan EIR Finding Regarding Potentially Significant Effects that have been Mitigated to Below a Level of Significance with the Adoption of Mitigation Measures MM GEO-3a MM GEO-3b trom a seiche event that could occur from strong seismic ground shaking. The reservoir must be designed to withstand anticipated seismic shaking, and must be dyked or otherwise protected so as to protect downstream homes from seiche flow damage. Prior to the commencement of grading activities, the applicant shall retain a qualified geotechnical consultant to test any areas planned for development that are underlain by existing imported fill soils to determine their in situ compaction and suitability for excavation and reuse as engineered fill. Soil testing can be avoided if the applicant elects to remove the fill and place it either in areas where it will not support buildings, be located in paved or landscaped areas, or be disposed of offsite. This measure shall be implemented to the satisfaction of the City Geologist. The developer shall implement the grading recommendations identified in the GeoMat 2007 and the CHJ 2006 reports. Prior to the commencement of building construction, the applicant shall retain a qualified engineer to design foundations adequate to support the Proposed Project's structures where necessary, based on the recommendations of the GeoMat 2007 study. Settlement analysis shall be pcrformed once the structural design loads and foundation system geometry have been defined for each building. 3.4 - Hazards and Hazardous Materials 3.4.1 - Potentially Significant Impact The drainage protection and planned improvcments ofthe project do not rely on any USFS facilities or improvements to protect the site. In addition, a post-disaster recovery plan will be incorporated into the Specific Plan and the following mitigation measure is being added to address this concern raised by the City Planning Commission. 3.4.2 - Finding With consideration of the above information and the implementation of mitigation measure HAZ-I, the project's impacts to hazards and hazardous material are found to be less than significant. 3.4.3 - Facts in Support of Finding The project-specific environmental effects will be eliminated or substantially lessened to less than significant levels by implementation of the following mitigation measures, as identified in the Final EIR: MM HAZ-1 Prior to issuance of occupancy permits, the developer shall prepare a Post-Fire/Flood Recovery Plan for review and approval by the City. As appropriate, this plan shall incorporate planning guidelines from the Alluvial Fan Task Force (AFTF) established by the California Department of Water Resources (DWR). The plan will Environmental Findings of Fact University Hills Specific Plan EIR Finding Regarding Potentially Significant Effects that have been Mitigated to Below a Level of Significance with the Adoption of Mitigation Measures identify the potential risks to project residents from various natural hazards from being located in the fire-prone foothills and adjacent to a large natural waterway (Badger Creek). The plan will outline measures to be implemented after major tires or floods that will help protect future project residents to the degree practical. When approved, this plan shall be incorporated into the Specific Plan. 3.5 - Hydrology and Water Quality 3.5.1 . Potentially Significant Impact Implementation ofthe project has the potential to adversely impact water quality and groundwater. Mitigation is required to oflset any impacts to waters quality and groundwater. 3.5.2 - Finding With consideration of the above information and the implementation of mitigation measures HYD-la, HYD-Ib, HYD-2a, HYD-2b, and HYD-5, the project's impacts to water quality and groundwater are found to be less than significant after mitigation. 3.5.3. Facts in Support of Finding The project-specific environmental effects will be eliminated or substantially lessened to a less than significant level by implementation of the following mitigation measures, as identified in the Final EIR: MM HYD-1a Prior to the issuance of grading permits for any portion or phase of the project, the project applicant shall receive City approval SWPPP and Grading Plan to the City of San Bernardino that identify specific actions and BMPs to prevent stormwater pollution from construction sources. These BMPs shall be consistent with the Conceptual Water Quality Management Plan prepared for the project by PBS&J Engineers (see DEIR Appendix G). The plans shall identify a practical sequence for site restoration, BMP implementation, contingency measures, responsible parties, and agency contacts. The applicant shall include conditions in construction contracts requiring the plans to be implemented and shall have the ability to enforce the requirement through fines and other penalties. The plans shall incorporate control measures in the following categories: . Soil stabilization practices; . Dewatering practices (if necessary); . Sediment and runoff control practices; . Monitoring protocols; and . Waste management and disposal control practices. Once approved by the City, the applicant's contractor shall be responsible throughout the duration of the project for installing, constructing, inspecting, and maintaining the control measures included in the SWPPP and Grading Plan. Environmental Findings of Fact University Hills Specific Plan EIR Finding Regarding Potentially Significant Effects that have been Mitigated to Below a Level of Significance with the Adoption of Mitigation Measures MM HYD.1b MM HYD-2a Each SWPPP shall identify pollutant sources that could affect the quality of stormwater discharges from the construction site. Control practices shall include those that effectively treat target pollutants in stormwater discharges anticipated from project construction sites. To protect receiving water quality, the SWPPP shall include, but is not limited to, the following elements: . Temporary erosion control measures (such as fiber rolls, staked straw bales, detention basins, temporary inlet protection, check dams, geofabric, sandbag dikes, and temporary revegetation or other ground cover) shall be employed for disturbed areas. . No disturbed surfaces will be left without erosion control measures in place during the winter and spring months (September 30 - March 30). . Sediment shall be retained onsite by a system of sediment basins, traps, or other appropriate measures. Of critical importance is the protection of existing catch basins that eventually drain to Cajon Creek. . The construction contractor shall prepare Standard Operating Procedures for the handling of hazardous materials on the construction site to eliminate or reduce discharge of materials to storm drains. . BMPs performance and effectiveness shall be determined either by visual means where applicable (i.e., observation of above-normal sediment release), or by actual water sampling in cases where verification of contaminant reduction or elimmation, (inadvertent petroleum release) is required to determine adequacy of the measure. . Native grasses or other appropriate vegetative cover shall be established on the construction site as soon as possible after disturbance. Landscaping Management Plan. The developer shall develop and implement a Landscaping Management Plan (LMP) for landscaped areas with the goal of reducing potential discharge of herbicides, pesticides, fertilizers, and other contaminants to local waterways. All contractors involved in project-related landscaping conducted during the individual phases of development, as well as maintenance of landscapmg following project completion, shall complete their work in strict compliance with the LMP. The applicant shall be responsible for ensuring that requirements of the LMP are provided to and instituted by future project land owners and managers following project completion. The LMP shall be prepared by a licensed landscape architecture firm with experience in methods to reduce or eliminate the use of landscape chemicals that could cause adverse effects to the environment. At a minimum, this LMP shall: Environmental Findings of Fact University Hills Specific Plan EIR Finding Regarding Potentially Significant Effects that have been Mitigated to Below a Level of Significance with the Adoption of Mitigation Measures MM HYD-2b MM HYD-5 1. Require that pesticides and fertilizers not be applied in excessive quantities, and only applied at times when rain is not expected for at least 2 weeks, in an effort to minimize leaching and runoff into the storm drainage system. 2. Encourage the use of organic fertilizers and mulching of landscaped areas to inhibit weed growth and reduce water demands. 3. Utilize native, perennial, drought-tolerant vegetation to minimize irrigation needs. 4. Specify the maintenance measures to be used (e.g., mowing) and will specify an application schedule for all fertilizer amendments and pesticide applications. 5. Identify a list of preferred herbicides and pesticides and instances in which their use would be appropriate and the associated application rate. Water Quality Maintenance Reports. The UHSP project shall form a Landscaping and Lighting Maintenance District (LLMD) to monitor water quality and provide regular reports to the City regarding water quality on the project site. A qualified professional shall be retained through the LLMD to prepare and provide annual documentation to the City Engineer that the onsite BMPs (i.e., water quality devices, improvements, and procedures) are functioning as planned to effectively protect water quality both onsite and on downstream uses/drainages. This ineludes the function and condition of bios wales, street sweeping, etc. These reports shall be made to the satisfaction of the City Engineer in consultation with the RWQCB if necessary. If a report indicates water quality objectives are not being met and/or the RWQCB has expressed concerns in this regard, the LLMD will take appropriate steps and/or make appropriate improvements to achieve these objectives, to the satisfaction of the City Engineer. Prior to approval of any final maps, the developer shall submit drainage plans to the City Public Works Department for review and approval. The City shall review and approve all storm drain improvement plans prior to issuance of any encroachment or building permits that involve t100d control facilities. 3.6 - Land use 3.6.1 - Potentially Significant Impact Planning Area 24, which is the only planning area adjacent to USFS land, is proposed as permanent open space that will be a "land laboratory" for the California State University San Bernardino (CSUSB) campus. The Project developer is requested to work with the City and United States Forestry Service staff to install signage at appropriate locations elearly identifying the USFS Environmental Findings of Fact University Hills Specific Plan EIR Finding Regarding Potentially Significant Effects that have been Mitigated to Below a Level of Significance with the Adoption of Mitigation Measures boundary adjacent to the Proposed Project site, especially where any fire road or trails enter USFS property from the University Hills site. 3.6.2 - Finding With consideration of the above information and the implementation of mitigation measure LU-I, the project's impacts to hazards and hazardous material are found to be less than significant. 3.6.3 - Facts in Support of Finding The project-specific environmental effects will be eliminated or substantially lessened to less than significant levels by implementation of the following mitigation measures, as identifIed in the Final EIR: MM LU-1 Prior to issuance of any occupancy permits, the developer shall coordinate with City, CSUSB, and USFS staffs to identify necessary access points and appropriate locations for such signage to clearly identify the USFS boundary along the perimeter of the University Hills property (i.e., Planning Area 24). Such signage will be placed at strategic locations, including any road or trail access points, to the satisfaction of the City in consultation with CSUSB and USFS staffs. 3.7 - Noise 3.7.1 - Potentially Significant Impact Implementation of the project has the potential to adversely impact sensitive receptors from short- term construction activities and temporary or periodic increase in ambient noise levels. Mitigation is required to offset any impacts to noise and sensitive receptors. 3.7.2 - Finding With consideration of the above information and the implementation of mitigation measures NOI-l through NOl-li, the project's impacts to noise are found to be less than significant. 3.7.3 - Facts in Support of Finding The project-specific environmental effects will be eliminated or substantially lessened to a less than significant level by implementation of the following mitigation measures, as identified in the Final EIR: MM NOI-1a MM NOI-1b At the time the grading permit application is submitted, the project applicant shall submit a Construction Noise Mitigation Plan to the City for review and approval. The plan shall depict the location of staging areas for construction equipment and describe how noise would be mitigated for any nearby sensitive receptors.. Stationary noise-generating equipment (such as pumps and generators) will be located as far as possible from nearby noise-sensitive receptors (i.e., homes south of Environmental Findings of Fact University Hills Specific Plan EIR Finding Regarding Potentially Significant Effects that have been Mitigated to Below a Level of Significance with the Adoption of Mitigation Measures MM NOI-1c MM NOI-1d MM NOI-1e MM NOI-1f MM NOI-1g MM NOI-1h MM NOI-1i P A 16-20) and no closer than 200 feet from any existing home within the Proposed Project site once occupancy has begun. Noise-generating equipment will be shielded from nearby noise-sensitive receptors by noise-attenuating buffers such as structures or haul truck trailers. On site noise sources located less than 600 feet from noise-sensitive receptors will be equipped with noise-reducing engine housings. Portable acoustic barriers able to attenuate at least 6 dB will be placed around noise- generating equipment in the "East Village" portion of the project site. Water tanks and equipment storage, staging, and warm-up areas will be located as far from noise-sensitive receptors as possible, and at least 200 feet from any existing home within the Proposed Project site once occupancy has begun. All construction equipment shall utilize noise reduction features (e.g., mumers and engine shrouds) that are no less effective than those originally installed by the manufacturer. No construction equipment shall be allowed to idle for more than 5 minutes if it is within 100 feet of an existing house. Prior to approval of any subsequent tentative tract maps, the developer shall submit noise studies as appropriate for any residences within the project to assure that exterior and interior noise levels meet City noise standards based on actual hnal Door elevations, actual roadway cross sections and elevations, onsite topography after grading, etc. Walls or other attenuating improvements shall be installed as needed based on the results of these studies to assure onsite residences meet the City's noise regulations. Environmental Findings of Fact University Hills Specific Plan EIR Finding Regarding Potentially Significant Effects that have been Mitigated to Below a Level of Significance with the Adoption of Mitigation Measures 3.8 - Public Services 3.8.1 - Potentially Significant Impact Implementation of the project has the potential to adversely impact library services. Mitigation is required to offset any impacts to library services. 3.8.2 - Finding With consideration of the above information and the implementation of mitigation PSRAa and PSR- 4b. the project's impacts to library services are found to be less than significant. 3.8.3 - Facts in Support of Finding The project-specific environmental effects will be eliminated or substantially lessened to a less than significant level by implementation of the following mitigation measures, as identified in the Final EIR: MM PSR.4a Prior to issuance of the first building permit for the project, the developer shall contact the City Library Director in writing and offer to provide up 2,000 square feet of building space in the clubhouse (plus parking), for a future satellite library facility. The developer shall provide the City Planning Department with written confirmation whether or not the Library Director chooses to locate a library facility on the Specific Plan property, based on the needs ofthe Department at that time relative to staffing and facilities. MM PSR-4b Prior to issuance of the first building permit for the project, the developer shall demonstrate that the project can be connected via the internet to City library and other information technology systems. This may involve wireiess or hard-wired connections, depending on the City's requirements at the time of hookup. 3.9 - Utilities 3.9.1 - Potentially Significant Impact Implementation ofthe project has the potential to adversely impact solid waste capacity. Mitigation is required to offset any impacts to solid waste capacity. 3.9.2. Finding With consideration of the above information and the implementation of mitigation measures USAa and US-4b, the project's impacts to solid wast are found to be less than significant. 3.9.3 - Facts in Support of Finding The project-specific environmental effects will be eliminated or substantially lessened to a less than significant level by implementation of the following mitigation measures, as identified in the Final EIR: Environmental Findings of Fact University Hills Specific Plan EIR Finding Regarding Potentially Significant Effects that have been Mitigated to Below a Level of Significance with the Adoption of Mitigation Measures MM US-4a MM US-4b Prior to the issuance of building permits, the applicant shall submit a Construction Debris Recycling Plan to the City of San Bernardino identifying the procedures by which construction and demolition would be salvaged and recycled to the maximum extent feasible. The plan shall include proof that a construction and demolition debris recycler is under contract to the applicant to perform this work. This Plan shall achieve at least a 50 percent reduction in construction waste, to the satisfaction of the City Planner. Prior to the issuance of occupancy permits, the developer shall provide the City with written assurance that all project residents will be provided with information on City and County waste reduction and disposal activities. This information may be provided by the devcloper or home owners association (HOA) as appropriate. This measure shall be implemented to the satisfaction ofthe City Planner. 3.10 - Cumulative Impacts Potentially Significant Impact The Proposed Project may have the potential to have cumulative impacts within three (3) miles of the project site. Finding With consideration of the above information, implementation of project specific mitigation measures was found to reduce impacts from the cumulative projects to less than significant levels. Therefore, no additional mitigation is needed other than project level mitigation measures. Facts in Support of Finding The project-specific environmental effects will be eliminated or substantially lessened to a less than significant level by implementation of the following mitigation measures, as identified in the Final EIR: 3.10.1 - Global Climate Change Potentially Significant Impact The Project may have potential impact to contribute to global green house gasses and global climate change. Finding With consideration ofthe above information and the implementation of mitigation measure AlR-9a and AIR-9b, the project's direct or indirect contribution to greenhouse gas emissions will be reduced to less than significant levels. Environmental Findings of Fact University Hills Specific Plan EIR Finding Regarding Potentially Significant Effects that have been Mitigated to Below a Level of Significance with the Adoption of Mitigation Measures Facts in Support of Finding The project-specific environmental effects will be eliminated or substantially lessened to less than significant levels by implementation of the following mitigation measures, as identified in the Final EIR: MM AIR-9a MM AIR-9b Areas and/or facilities to encourage recycling shall be provided and installed in all MDA and A (attached) residential areas (Planning Areas 5, 6,8-11,13,14,16, '8, and 20) and in the clubhouse (Planning Area 7) consistent with City requirements. To increase energy efficiency, the following measures shall be implemented to the satisfaction of the City of San Bernardino: a) there shall be a minimum 10 percent reduction in all buildings, combined space heating, cooling, and water heating energy compared to the current Title 24 Standards; b) the project shall incorporate light roof colors and cool pavements in the residential driveway areas; c) each appliance (I.e., washer/dryers, refrigerators, stoves, etc.) provided by the builder must be Energy Star qualified if an Energy Star designation is applicable for that appliance; d) low-flow appliances (i.e., toilets, dishwashers, shower heads, washing machines) shall be installed and; e) solar powered water heaters and photovoltaic cells (solar panels) shall be offered to homebuyers as an option. Environmental Findings of Fact University Hills Specific Plan EIR Finding Regarding Impacts not Mitigated to Below a Level of Significance SECTION 4: FINDING REGARDING IMPACTS NOT MITIGATED TO BELOW A LEVEL OF SIGNIFICANCE CEQA Guidelines Section 15126.2(a)(b) requires an Final EIR to identify and focus on the signifIcant environmental effects of the Proposed Project, including effects that cannot be avoided if the Proposed Project were implemented. This section describes signifIcant impacts, including those that can be mitigated but not reduced to a less than sib'11iflcant level. Where there are impacts that cannot be alleviated without imposing a project alternative, the EIR implications, and the reason why the project is being proposed, notwithstanding the Final EIR effect, are described. With implementation of the proposed mitigation measures, the Project will not create any signitlcant environmental impacts. 4.1 - Air Quality 4.1.1 - Potentially Significant Impact Implementation of the project has the potential to adversely impact air quality and existing emissions of greenhouse gases. In addition the Proposed Project has the potential to adversely impact PMIO and PM,s levels, and may exceed SCAQMO localized daily thresholds. Other potentially significant impact can occur over the short-term duration of the Proposed Project (i.e., during construction). 4.1.2 - Finding With consideration of the above information and even with the implementation of mitigation measures AIR-Ia through AIR-Ig, and AIR-3a through AIR-3d, the project's impacts to air quality criteria pollutants are found to be significant and unavoidable. 4.1.3 - Facts in Support of Finding After the implementation ofthe identified mitigation measures, emissions of volatile organic compounds (YOC), nitrogen oxides (NO,), carbon monoxide (CO), sulfur oxides (SO,), and particulate matter 2.5 (PM2.5) will continue to exceed the South Coast Air Quality Management Plan's (SCAQMO) regional emission significance thresholds during construction and YOC, NO", and CO during operations and, thus, are considered significant and unavoidable impacts. MM AIR-1a Prior to construction ofthe proposed improvements, the project proponent will provide a Fugitive Oust Control Plan (FOCP) that will describe the application of standard best management practices to control dust during construction. Best management practices will include: . Application of water on disturbed soils a minimum of two times per day; . Using track-out prevention devices at construction site access points; . Stabilizing construction area exit points; . Limiting onsite construction traffic to 15 miles per hour on unpaved roads; . Limiting onsite construction traffic to 25 miles per hour on paved roads; Environmental Findings of Fact University Hills Specific Plan EIR Finding Regarding Impacts not Mitigated to Below a Level of Significance MM AIR-1b MM AIR-1c MM AIR-1d MM AIR-1e MM AIR-1f MM AIR-1g . Paving or providing a hard surface for onsite roads to reduce fugitive dust; . Covering dirt haul vehicles; and . Replanting disturbed areas as soon as practical and other measures, as deemed appropriate to the site, to control fugitive dust. The Fugitive Dust Control Plan shall be submitted to the City for review and approval prior to grading. Prior to construction of the proposed improvements, a Construction Traffic Control Plan (CTCP) will be reviewed and approved by the City. The CTCP will describe in detail safe detours around the project construction site and provide temporary tramc control (i.e., flag person) during construction related truck hauling activities. During construction of the proposed improvements, construction equipment shall be properly maintained at an offsite location, including proper tuning and timing of engines. Equipment maintenance records and equipment design specification data sheets shall be kept on-site during construction. During construction of the proposed improvements, all contractors will be advised not to idle construction equipment on the site for more than five minutes. During construction ofthe proposed improvements, onsite electrical hook ups shall be provided for electric construction tools including saws, drills and compressors, to eliminate the need for diesel powered electric generators. Onsite grading equipment will comply with one or more of the following: . Use of on site grading and construction equipment equipped with oxidized diesel catalyst and fueled with aqueous diesel fuel during grading and construction operations with a reduced equipment fleet or hours of operation totaling a maximum of 17,000 horsepower hours per day; . Use of on site grading and construction equipment equipped with oxidized diesel catalyst with a reduced equipment fleet or hours of operation totaling a maximum of 14,000 horsepower hours per day; . Use of onsite grading and construction equipment fueled with aqueous diesel fuel during grading and construction operations with a reduced equipment fleet or hours of operation totaling a maximum of 13,000 horsepower hours per day; and . Reduce the grading and construction equipment fleet or hours of operation to a maximum total of 10,000 horsepower hours per day. Implementation of the Short-Term Air Quality Mitigation Measures shall be documented in an Air Quality Mitigation Implementation Plan. This plan will detail each mitigation measure and include daily logs documenting implementation of each Environmental Findings of Fact University Hills Specific Plan EIR Finding Regarding Impacts not Mitigated to Below a Level of Significance MM AIR-3a MM AIR-3b MM AIR-3c MM AIR-3d mitigation measure. Daily logs for each piece of construction equipment will include the hours per day the equipment ran. A master daily log will document the hours of operation all equipment ran each day. The master daily log will also document timing and tuning of equipment, the type of fuel used on construction equipment, and any add-on emissions reduction equipment used such as oxidized diesel catalysts. The project proponent shall install bicycle racks at the clubhouse, MDA and A (attached) housing areas (Planning Areas 6, 8-11,13,14,16,18, and 20), and all park sites to encourage non-vehicular trips within the project. The project design shall include signs posted in visible places in any truck parking areas that state, "No Idling." The project proponent will coordinate with CSUSB to install improvements that will support future shuttle transit service for project residents, including bus turnouts, bus shelterslbenches, street lighting, and safe ingress/egress between the designated bus stop and adjacent uses. The developer will install identified improvements when the applicable road is constructed. . Provide onsite information for clubhouse employees regarding local car pools, bus schedules and shuttle services in the area that service the project site, including maps showing the routes of transit services and employee carpool destinations. 4.2 - Population and Housing and SCAG Consistency 4.2.1 - Potentially Significant Impact Implementation of the project has the potential to induce population growth beyond the SCAG local and regional forecasts. 4.2.2 - Finding With consideration of the above information, implementation of the Proposed Project will cause the SCAG Consistency and regional growth to be significant and unavoidable. 4.2.3 - Facts in Support of Finding Although forecasted population growth in San Bernardino for 2010 is projected to exceed the SCAG projections, the proposed UHSP project would significantly exacerbate this condition by adding an additional 476 units (980 - 504) or 12 percent of growth. SCAG population numbers are the basis for other regional plans (e.g., regional housing allocation strategies), and population growth in excess of the forecast represents a significant growth inducement impact. No mitigation is available to reduce this impact to a less than significant level; therefore, b'fOwth inducement beyond the SCAG local and regional forecasts is a significant unavoidable impact of the Proposed Project. Furthermore, the Proposed Project is generally consistent with the policies of the City's general Plan, except for the provision of employment in a housing rich sub-region. The Draft EIR concluded that Environmental Findings of Fact University Hills Specific Plan EIR Finding Regarding Impacts not Mitigated to Below a Level of Significance these inconsistencies mean the project will have a significant impact relative to growth inducement and minor inconsistencies with regional growth policies and there is no feasible mitigation available to eliminate this impact. 4.3 - Transportation 4.3.1 - Potentially Significant Impact Implementation of the project has the potential to create operations at intersections to degrade to unacceptable levels without planned improvements in the opening year. In addition, five intersections are expected to operate at unacceptable levels of service by 2030. With mitigation measures TRANS- I, TRANS-2, and TRANS-8, impacts to intersections will be less than significant. However, impacts to treeway operations are significant and unavoidable. 4.3.2. Finding With consideration of the above information, implementation of the Proposed Project will cause treeway operations to be significant and unavoidable. 4.3.3. Facts in Support of Finding MM TRANS-1 Prior to the issuance of the first building permit, the developer shall install or provide fair share payments to the City to install improvements referred to in Table 5 in the TIA (KA 2008).). If fair share payments are not paid prior to issuance of the first building permits, the UHSP will be required to install improvements, and be reimbursed by the City upon completion. . Improvements include: . TralTic signal at Northpark Boulevard and Campus Parkway; . Cross Street Stop at Little Mountain Drive and Project Access; . Add two (2) left- turn lanes on northbound leg of University Parkway at Northpark Boulevard; . Add two (2) left- turn lane on northbound 1-215 Freeway ramp; . Add a left-turn lane on the northbound leg of Little Mountain Drive at Project Access; . Add a right-turn lane on the northbound leg of Litde Mountain Drive at Project Access; . Add a left-turn lane on the southbound leg of Northpark Boulevard at Campus Parkway; . Add a through lane to the eastbound leg of Little Mountain Drive at Project Access; . Add a right-turn-overlap to the eastbound leg of University Parkway at Northpark Boulevard; . Add a right-turn lane to the eastbound leg of Little Mountain Drive at Project Access; Environmental Findings of Fact University Hills Specific Plan EIR Finding Regarding Impacts not Mitigated to Below a Level of Significance . Add a left-turn lane to the westbound leg of Northpark boulevard at Campuss Parkway; . Add three (3) left-turn lanes to the westbound leg of University Parkway at Northpark Boulevard; . Add a left turn lane to the westbound leg of Little Mounntain Drive at ProJcct Access; . Add a through lane to the westbound leg of Northpark Boulevard and Campus Parkway; and . Add a through lane to the westbound leg of Little Mountain Drive atProject Access; . Add a right-turn lane to the westbound leg of University Parkway at Northpark Boulevard. To implement this measure, a right- turn lane can be striped or unstriped, but to function as a right- turn lane, there must be sufficient width for right- turn vehicles to travel outside the through lanes. The TIA for this proj ect estimated that the fair share cost for these improvements would be just over $4.1 million as of when the TIA was prepared (July 2, 2008). Exhibit 4.12-3 illustrates the proposed improvements that the project will need to implement. With construction of these improvements, LOS at local intersections will meet the City's General Plan thresholds. MM TRANS-2 Prior to the issuance of the 600lh building permit, the developer shall install or provide fair share payments to the City for installation of improvements referred to in Table 8 in the TIA (KA 2008).). If fair share payments are not paid prior to the issuance of the 600lh building permit, the UHSP will be required to install improvements, and be reimbursed by the City upon completion. Improvements include: . Cross street stop at Campus Parkway at 1-215 Freeway northbound ramp; . Cross street stop at Campus Parkway at 1-215 Freeway southbound ramp; . Add a thorough lane on northbound leg of campus Parkway and Kendall Drive; . Add a thorough lane on the northbound leg of campus Parkway and at 1-215 Freeway northbound ramp; . Add a thorough lane onnorthbound leg of campus Parkway and at 1-215 Freeway southbound ramp; . Add a right-turn lane onnorthbound leg of University Parkway at Kendall Drive; . Add a right-turn lane on the northbound leg of University Parkway at 1-215 Freeway southbound ramp; . Add a left-turn lane on the southbound leg of Campus Parkway at 1-215 Freeway southbound ramp; Environmental Findings of Fact University Hills Specific Plan EIR Finding Regarding Impacts not Mitigated to Below a Level of Significance . Add a thorough lane on the southbound leg of Campus Parkway at Kendall Drive; . Add a thorough lane on the southbound leg of Campus Parkway at 1-215 Freeway northbound ramp; . Add a thorough lane on the southbound leg of Campus Parkway at 1-215 Freeway southbound ramp; . Add a right-turn lane on the southbound leg of University Parkway at 1-215 Freeway northbound ramp; . Add a right-turn lane on the eastbound leg of University Parkway at 1-215 Freeway northbound ramp; . Add a left-turn lane on the eastbound leg of Campus Parkway at Kendall Drive; . Add a left-turn lane on the eastbound leg of Campus Parkway at 1-215 Freeway northbound ramp; . Add a right-turn lane on the westbound leg of Campus Parkway at 1-215 Freeway northbound ramp. To implement this measure, a right- turn lane can be striped or unstriped, but to function as a right- turn lane, there must be sufficient width for right-turn vehicles to travel outside the through lanes. As shown in Table 4.12-6, all intersections would meet the City's General Plan thresholds with improvements by 2030 after the implementation ofthe improvements outlined in Measure MM-- TRANS-2. MM TRANS-8 Prior to the commencement of construction, the developer shall provide a Construction Traffic, Staging, and Parking Management Plan to the City of San Bernardino for review and approval. All construction contracts shall include a clause requiring compliance with the Construction Traffic, Staging, and Parking Management Plan and the developer shall be able to enforce the provisions of the plan through penalties, up to and including, termination of the contract. The plan shall include the following provisions: . Construction truck traffic shall be limited to the following designated routes: Campus Parkway from the site and west of Northpark Boulevard to Kendall Drive, and Kendall Drive from Campus Parkway to Palm Avenue. Construction truck traffic shall be prohibited on all other roadways, unless compelling circumstances warrant such movements (e.g., a major traffic accident). . Signage shall be installed at construction truck ingress and egress points alerting motorists to such movements. . Soil, debris, or other loose materials shall be covered with tarps or other restraining material during haul movements on roadways Environmental Findings of Fact University Hills Specific Plan EIR Finding Regarding Impacts not Mitigated to Below a Level of Significance . On-site and oft~site construction staging and parking locations shall be identified, as well as any necessary shuttle service needed to transport workers from off-site locations. For safety reasons, off-site staging or parking shall not be allowed west of Northpark Boulevard or on the CSUSBCal State San Bemardino campus. . A pre-construction conference shall be held advising all construction contractors of the requirements of the Construction Traffic, Staging, and Parking Management Plan. 4.4 - Cumulative 4.4.1 - Potentially Significant Impact The Proposed Project may have the potential to create cumulative impacts within three (3) miles of the project site. Areas that have a cumulative impact by the Proposed Project that are significant and unavoidable are listed and defined below. Air Quality The analysis area for evaluation of cumulative impacts to air quality includes the South Coast Air Basin (SCAB), which is identical to the boundaries of the SCAQMD. The SCAB includes the counties of Orange, Los Angeles, Imperial, and Ventura, Riverside, and San Bernardino (including the City of San Bernardino). Cumulative impact analysis is guided by buildout assumptions identified in the Land Use Section or the San Bernardino General Plan. Within the project region, and the SCAB, approved and additional development will result in additional excavation activities and further intensification ofland use, which could potentially lead to impacts to air quality in the area. Within the City of San Bernardino, the total residential units will increase from 59,146 units at present to 82,714 units at buildout (+23,568 units or 1.5 percent average annual growth). Construction and operation of these additional land uses would emit substantial quantities of criteria pollutants that would likely exceed SCAQMO's daily sib'11ificance thresholds. Potentially significant impacts were not found for exposure of construction workers or the public to substantial amounts of toxic air pollutants, creation of carbon monoxide hot spots that would exceed federal or State concentration standards, exposure of sensitive receptors to substantial pollutant concentrations, or generation of objectionable odors that would affect a substantial number of people. Significant, unavoidable impacts were found concerning construction and operational emissions that exceed SCQMD thresholds, inconsistency with the projections contained in the Air Quality Management Plan, and emissions representing only an incremental contribution of global greenhouse gases. The Proposed Project would develop 980 residential units in this vacant outlying area of the City. This represents 4,2 percent ofthe growth expected in the City from now until buildout. When taken into account with all residential and commercial buildout anticipated in the General Plan, the Proposed Project would result in a significant cumulative effect. Therefore, this effect would bc Environmental Findings of Fact University Hi11s Specific Plan EIR Finding Regarding Impacts not Mitigated to Below a Level of Significance cumulatively considerable without mitigation applied, since the efTect of this project by itself is a potentially significant impact. However, according to the City of San Bernardino General Plan Environmental Impact Report (2005 EIR), air quality would be significant after buildout during long term and short term construction, and contributing to cumulatively considerable net increase of criteria pollutants for which the project region is in a state of non-attainment. Therefore, project-level emissions would be cumulatively significant and unavoidable due to the City's significant and unavoidable buildout projections for regional air quality. Mitigation in the form of extensive air pollution control measures is proposed, but it would not reduce project construction and operation emissions below SCQMD thresholds; however, it would prevent project greenhouse gas emissions from being cumulatively considerable. Transportation The analysis area for evaluation of cumulative impacts to transportation includes the University District subarea identified in the San Bernardino General Plan, as well as the City as a whole. The Traffic Impact Analysis analyzed the traffic impacts of the Proposed Project and looked at traffic impacts at opening year and at buildout of the project. Project-level traffic impacts are found in several intersections that would exceed the General Plan threshold of LOS C at peak hour, and, will therefore have a significant impact. N addition, significant impacts are related to cumulative traffic and congestion on the 1-215 Freeway in the vicinity of the Proposed Project. Cumulative impact analysis is guided by buildout assumptions identified in the Land Use Section of the San Bernardino General Plan. Within the University District subarea, approved and additional development will result in additional excavation activities and further intensification ofland use that could potentially impact transportation in San Bernardino. Furthermore, the Proposed Project will contribute to cumulatively considerable traffic impacts even with implementation of all feasible project specific mitigation. A number of roadway improvements would be implemented in conjunction with the Proposed Project that would help reduce cumulative traffic impacts. Potentially significant impacts were not found concerning the creation of inadequate access for emergency services or conflicts with the General Plan. Potentially significant impacts were found for congestion during peak hours along this portion of the 1-215 Freeway. When taken into account with all residential and commercial buildout anticipated in the General Plan, the Proposed Project would result in a significant cumulative effect on area traffic. Therefore, thIS efTect would be cumulatively considerable without mitigation applied, since the effect of this project by itself is a potentially significant impact. With implementation of project mitigation measures MM TRANS-l through MM TRANS-8, project impacts will not make substantial contributions to cumulatively considerable degradation of intersection performance but will contribute to ongoing Crccway congestion. Environmental Findings of Fact University Hi//s Specific Plan EIR Finding Regarding Impacts not Mitigated to Below a Level of Significance However, according to the City of San Bernardino Environmental Impact Report (2005 EIR), the City does not cooperate with the regional transportation agencies toward mitigating impacts to regional transportation facilities. However, poteptial traffic impacts to the treeway mainline segments and ramps were evaluated and mitigation measures were suggested to reduce impacts. However, the City stated that improvements to the freeway system are the responsibility of the existing regional transportation agencies and not the City of San Bernardino. Without the authority to implement the mitigation measures, the impact to treeway segments would remain significant and unavoidable requiring a statement of overriding considerations. Therefore, project-level traffic would be cumulatively significant and unavoidable due to the City's significant and unavoidable buildout projections. Environmental Findings of Fact University Hills Specific Plan EIR Finding Regarding Alternatives to the Proposed Project SECTION 5: FINDING REGARDING GROWTH INDUCING, UNAVOIDABLE ADVERSE, AND IRREVERSIBLE IMPACTS 5.1 - Growth Inducing Impacts 5.1.1 - Description There are two types of growth-inducing impacts that a project may have: direct and indirect. To assess the potential for growth-inducing impacts, the project's characteristics that may encourage and facilitate activities that individually or cumulatively may affect the environment must be evaluated (CEQA Guidelines Section 15l26.2[d]). 5.1.2. Finding Direct growth-inducing impacts occur when the development ofa project imposes new burdens on a community by directly inducing population growth, or by leading to the construction of additional developments in the same area. Also included in this category are projects that remove physical obstacles to population growth (such as a new road into an undeveloped area or a wastewater treatment plant with excess capacity that could allow additional development in the service area). Construction of these types of infrastructure projects cannot be considered isolated from the development they facilitate and serve. Projects that physically remove obstacles to growth or projects that indirectly induce growth may provide a catalyst for future unrelated development in an area, such as a new residential community, that requires additional commercial uses to support residents. The Proposed Project would result in the development of 980 units on 404 acres in an outlying but somewhat suburbanizing area (e.g., development to the west along Campus Parkway). The residential units included in the Proposed Project would be expected to result in direct population growth of 3,283 new residents. The Proposed Project is expected to create only a few new Jobs at the clubhouse. Section 4.10 oflhe Draft E1R examined the project's contributions to local as well as regional housing and population growth and found it to be in excess of that outlined in the City's General Plan that was used for estimating growth impacts by SCAG. Although by itself the project would only incrementally increase growth, it would contribute to an overall cumulative increase that may not have been anticipated in regional planning efforts. Therefore, the project is considered somewhat b'TOwth inducing. This increase will be offset somewhat by the fact that the project is in an area that is not planned for additional suburban development, so its actual int1uence on area-WIde growth WIll likely be limited. The project site is not currently served by infrastructure although roads and utilities are generally adjacent or nearby to the site. However, the Proposed Project would require the extension of roadways and utility systems into areas not presently served; therefore, the Proposed Project could be considered to be removing a barrier to potential growth through the extension of urban infrastructure. Environmental Findings of Fact University Hills Specific Plan EIR Finding Regarding Alternatives to the Proposed Project The Riverside-Corona Feeder supplies several southern California Counties, including San Bernardino. The supplier connects to the Santa Ana River watershed and supplies over 400,000 acre- feet of ground water per year. New wet year water will come from local runoff, including regulated releases from Seven Oaks Reservoir and the State Water Project. The R-C Feeder is a multiple bcnefit regional water supply project. The water will be stored in San Bernardino Valley and Chino groundwater basins. Stored water will be delivered to consumers through a new groundwater pumping capacity. The new pumping and delivery capacity will enable water to be stored safely by providing the means to control local water tables. The water supply assessment proposes the UHSP will connect to reservoirs, similar to the Rlverside- Corona Feeder. The reservoirs will include a common inlet/outlet pipe with flexible connections, isolation valves and an altitude valve to prevent overflow. To improve mixing in the tank, each inlet/outlet pipeline would have two check valves, forcing water to travel a greater distance from inlet to outlet in a circular motion. The reservoirs would have separate overflow pipes and drain pipes that would discharge to a concrete gutter. The gutter would convey storm flows, reservoir overt1ows and dramage along the access road to the downstream development storm drain. 5.1.3 - Facts in Support of Finding Because of its size and intensity, as well as its destination potential, the Proposed Project may be a catalyst for future unrelated projects. This may include new development projects or redevelopment of existing properties. Note that no such projects have been identified at the time of this writing, and it would be speculative to identify any potential locations or types of projects. 5.2 - Irreversible Impacts 5.2.1 - Description Section 15l26.2( c) of the CEQA Guidelines requires a discussion of the extent to which a Proposed Project will commit nonrenewable resources to uses those future generations will probably be unable to reverse so that such current consumption may be justified. 5.2.2 - Finding The CEQA Guidelines describe three distinct categories of significant irreversible changes; they are defined as "changes in land use that would commit future generations", "irreversible changes from envIronmental actions", "and consumption of non-renewable resources". The Draft EIR has evaluated the project's commitment to these irreversible changes in the implementation ofthe project and has found that the use of such resources is justified by the long-term benefits of the project. However, the Proposed Project would not be consistent with Air Quality, Population/Housing/SCAG Consistency, and Freeway Transformational uses. 5.2.3 - Facts in Support of Finding The project site WIll be in long-term used as a residential development. In addition, the new uses will be utilized as a resource for the City over the long-term. In addition, long-term development of the Environmental Findings of Fact University Hills Specific Plan EIR Finding Regarding Alternatives to the Proposed Project project will be similar to other residential development projects in the City of San Bernardino. Analyses of all three distinct categories of sib'11ificant irreversible changes are defined as: Changes in Land Use That Would Commit Future Generations The project proposes to construct 980 residential units. The Proposed Project will consists of 404.3 total acres, with 169.5 acres or 42 percent of the site proposed for residential and related uses, including 10.2 acres of parks and recreational uses. The project proposes a gross density of 2.4 dwelling units per acre (980 units divided by 404.3 total acres) and a net density of 5.8 units per acre, excluding natural open space (980 units divided by 169.5 acres). Residential densities range trom 0.0 to 20 dwelling units per acre. This change in land use is more compatible with the surrounding arca, therefore, the change in land use would not commit future generations to a significant change in land use. Irreversible Changes from Environmental Actions Irreversible changes to the environment could occur if hazardous substances are released associated with development of the Project. Compliance with the requirements and mitigation measures would reduce impact to less than significant. No other sources of irreversible changes from environmental actions are forecast to occur. Consumption of Non-Renewable Resources Consumption of non-renewable resources would be the conversion of agricultural land to urban uses, consumption of energy resources such as electricity and natural gas, and the loss of potential mining resources. The Draft EIR determined that development of the project site would not result in a significant impact on land that is considered suitable for agricultural use. IN addition, the site is not identified as a mineral resource site and more suitable locations in the surrounding regions are currently being used as mineral resource sites. Given the proximity to CSUSB, the site would not be a suitable for mining of mineral resources in the future. The project will consume non-renewable energy resources during construction and operation such as petroleum products, construction materials, electricity and natural gas. Construction impacts to non- renewable would be short-term. Operation of the Project is required to comply with mandatory requirements of Title 24 in regard to energy efficient building design and is required to utilize energy conservation measures during operations of the facilities within the project. Environmental Findings of Fact University Hills Specific Plan EIR Finding Regarding Alternatives to the Proposed Project SECTION 6: FINDING REGARDING ALTERNATIVES TO THE PROPOSED PROJECT CEQA requires that a Final EIR evaluate a reasonable range of alternatives to a project, or to the location ofthe project, which: 1) are capable of avoiding or substantially lessening any signitlcant adverse environmental impact associated with the project; and 2) may be feasibly accomplished in a successful manner within a reasonable period of time considering the economic, environmental, social and technological factors involved (CEQA Guidelines 915126.6). A Final EIR must only evaluate reasonable alternatives to a project which could feasibly attain most of the project objectives and evaluate the comparative merits of the alternatives (CEQA Guidelines Ii 15126.6; Sierra Club v. County of Napa, 121 Cal. App. 4th 1490 [2004]). In all cases, the consideration of alternatives is to be judged against a rule of reason (CEQA Guidelines Ii 15126.6.). The lead agency is not required to select the environmentally superior alternative identified in the Final EIR if the alternative does not provide substantial advantages over the Proposed Project and: 1) through the imposition of mitigation measures the environmental effects of a project can be reduced to a less than significant level; or 2) there are social, economic, technological or other considerations which make the alternative infeasible. The discussion of alternatives is required to include the "No project" alternative. CEQA further requires that the City identity an environmentally superior alternative. If the "No project" alternative is the environmentally superior alternative, an environmentally superior alternative must be identified trom among the other alternatives (CEQA Guidelines, Ii 15126.6.). CEQA Guidelines 915126.6 requires a Final EIR to evaluate an alternative site when an alternative location would avoid or substantially lessen significant effects. The Final EIR considered five (5) alternatives that may reduce anticipated impacts to less than significant levels, or will improve the acceptability or successful implementation of the residential improvements. A summary ofProJcct Alternative Impacts are contained in Table 1. The objectives for the project as identitled in the Final EIR and considered by the City are the following: . Include high-quality, high-density housing in a mixed-use setting to increase the diversity of housing opportunities in San Bernardino and provide housing options that are not currently available to local residents; . Use high-quality architecture and landscaping that will maintain and enhance the aesthetic character of the City of San Bernardino; . Provide a "sustainable" community that encompasses construction as well as daily living in terms of energy and water conservation, wise choice and use of building materials, reduction of air pollutants, safety, walkability and connectivity to surrounding uses, etc.; Environmental Findings of Fact University Hills Specific Plan EIR Finding Regarding Alternatives to the Proposed Project . Provide ample amenities including a community clubhouse and extensive trail system to encourage healthy and enjoyment of open space. . Maximize roadway safety through the provision of multiple vehicular ingress and egress opportunities to the Proposed Project internal roadways and parking facilities and improvements to the surrounding circulation system; . Create increased new property and sales taxes annually, in perpetuity, for the City of San Bernardino, and increased annual property taxes for San Bernardino County and various other local government agencies; and . Increase property values in the City of San Bernardino and surrounding unincorporated County areas. 6.1 - No Project/No Development Alternative 6.1.1 - Description CEQA requires that a "No Project" alternative be evaluated compared to the Proposed Project. The No Project alternative evaluates existing conditions on the site in the absence of the Proposed Project. Under this alternative, the project site would remain vacant would not be developed into a residential community. Assuming the project site remains vacant, all significant impacts will be aVOIded. However, any benefits of the project related to providing housing opportunities for families as well as providing infrastructure in an area that is undergoing surrounding residential development would not be realized. 6.1.2 - Finding This alternative would eliminate any adverse environmental impacts associated with developing the project site into a residential community. It would also eliminate the significant impacts associated with the project (i.e. air quality, population, housing, and SCAG consistency, transportation). 6.1.3 - Facts in Support of Finding The No Project - No Development Alternative would eliminate the seven significant impacts of the Proposed Project relative to construction and occupancy of the proposed UHSP. However, it would result in an indirect impact to future growth of the City. Furthermore, this alternative does not achieve any of the objectives of the Proposed Project. 6.2 - No Project - General Plan Development Alternative 6.2.1 - Description Under this alternative, the site would be developed under the approved PHSP as outlined under the previous EIR certified in 1993, whieh allowed 504 residential units. Environmental Findings of Fact University Hills Specific Plan EIR Finding Regarding Alternatives to the Proposed Project 6.2.2. Finding Under this alternative, there would be similar impacts associated with the Proposed Project, as the land use designation is the similar for the existing General Plan/Specific Plan as the Proposed ProJect. Developing the Project area for residential uses could have potential adverse impacts on the adjacent residential development. It would potentially increase impacts related to Aesthetics, Light, and Glare. Biological Resources, Cultural Resources Geology, Soils, and Seismicity, Hazards and Hazardous Materials, and Hydrology and Water Quality. 6.2.3. Facts in Support of Finding The No Project - General Plan Development Alternative would have incrementally fewer impacts related to long-term occupancy of the project site since it would allow the development of approximately half the number of units compared to the Proposed Project (504 vs. 980 or 48.5'1.,)/ However, the UHSP proposes aggressive water and energy conservation measures that would substantially reduce the differences in these impacts. This alternative would have similar or increased short-term air quality impacts from grading but reduced construction-related impacts (i.e., fewer units). Long-term air quality impacts under this alternative would be reduced to less than significant levels. This alternative may have increased impacts on biological and cultural resources, and the City's water distribution system if development were to occur as outlined in the previously approved Paradise Hills Specific Plan. This alternative would also create increased risks to project residents and residences related to wildand fires and geotechnical constraints. Growth inducement and impacts related to consistency with SCAG growth policies would be reduced to less than significant levels under this alternative. This alternative does not meet the objectives of the project to the same degree as the Proposed Project in that the PHSP does not contain current water or energy conservation strategies. 6.3. Modified Specific Plan Alternative 6.3.1 - Description To reduce air quality and growth inducement impacts, this alternative would be phased and have more "mixed" uses (i.e., 100,000 square feet of commercial and other non-residential) on the site. It would also have fewer residential lots (approximately 700 units) but with higher densities than those allowed under the UHSP to be able to cluster units more effectively. This alternative would likely require many buildings with 3-4 stories rather than 2-3 story buildings under the current UHSP. The current "clubhouse" area would become more of a community center under this alternative, with taller buildings and approximately 100,000 square feet of a mixture of commercial and professional of11ce uses. Each residential planning area would be larger overall than under the UHSP, and each would be built on pads that could be more isolated in terms of grading. At present, the land plan requires that the entire development area (approximately 170 acres) be graded at one time to balance earthwork onsite (i.e., no substantial import of soil onto or export of soil off of the site). Balancing earthwork within a development area is an important consideration of project design, not only for cost, but to minimize the import or export of soil from the site, which could significantly increase short-term traffic, noise, and air quality impacts. The only feasible way to accomplish this balancing with Environmental Findings of Fact University Hills Specific Plan EIR Finding Regarding Alternatives to the Proposed Project smaller planning areas would be to "pair" two planning areas, one upslope and one downslope, and use the cut material from the upper area to create a pad for the lower area. This would necessarily create a more terraced look to the development. The road system would be similar to that of the proposed UHSP but there would be more open space between the Planning Areas and the project would be built over a longer period of time to reduce short-term construction impacts. 6.3.2. Finding Under this alternative, impacts from residential development woud be either equivalent or reduced; however, the alternative would not reduce environmental impacts in regard to Air Quality and Transportation. 6.3.3. Facts in Support of Finding The Modified Specific Plan Alternative would have incrementally fewer impacts related to long-term occupancy of the project site since it would allow the development of fewer residential units compared to the Proposed Project (700 vs. 980 or 40 percent less). However, the addition of commercial and office uses under this "mixed use" plan would generate a greater amount of traffic than the Proposed Project, especially during peak periods. The mixed uses would help reduce the number and length of vehicular trips off of the project site. This alternative could reduce short-term (daily) air quality impacts from grading and construction to less than significant levels, however, it would extend those impacts over a longer period of time if development phasing were increased (i.e., from 5 to 10 years). Long-term air quality impacts under this alternative would increased by adding non-residential uses, and would still exceed significance thresholds. This alternative would have equivalent impacts on biological and cultural resources, and would likely create similar risks to project residents and residences (and businesses and employees) related to wildand fires and geotechnical constraints. Growth inducement and impacts related to consistency with SCAG growth policies would be reduced to less than significant levels under this alternative. This alternative would meet some of the objectives of the project. 6.4. Educationallnstitution/Technology Park Alternative 6.4.1 . Description The University DIstrict Specific Plan identifies the general area for technology park uses, which would be supported and will benefit from research at the University. To reduce air quality and growth inducement impacts, this alternative would eliminate residential uses and place an educational institution and related technology uses in this area to support CSUSB. These uses could be in conjunction with or in support ofthe Cal State San Bernardino campus. The proposed alternative would house approximately 2.75 million square feet of office space, industrial use, and educational research for information technologies. Based on discussions with the San Bernardino City Unified Environmental Findings of Fact University Hills Specific Plan EIR Finding Regarding Alternatives to the Proposed Project School District, this plan does not envision K-12 facilities at this time. The road system would be similar to that of the proposed UHSP but there might be more open space between various buildings or uses, and they may be built over a longer period of time to reduce short-term construction impacts. 6.4.2 - Finding Long-term air quality impacts would not be reduced as the educational institution/technology park uses would generate more vehicular peak hour traffic. However, additional impacts would be similar or reduced compared to the Proposed Project. 6.4.3 - Facts in Support of Finding The Educational Institution/Technology Park Alternative would produce very different impacts compared to those hom the residential uses of the Proposed Project. It would likely generate more peak hour traffic, but non-peak hour traffic may be substantially less that that of the Proposed Project. The addition of educational and institutional uses under this plan would likely not reduce short-term (daily) air quality impacts from grading and construction to less than significant levels due to the need to grade the entire area for efficient site planning. Long-term air quality impacts under this alternative would probably be higher than those produced by residential uses, and would still exceed significance thresholds. This alternative would have equivalent impacts on biological and cultural resources, and would likely create similar risks to project employees and students rather than to project residents and residences in terms of wildand fires and geotechnical constraints. Growth inducement and impacts related to consistency with SCAG growth policies would be reduced to less than signifIcant levels under this alternative. Although the alternative project may meet certain objectives to the same degree as the Proposed Project, it does not meet all the specific project objectives already outlined in the approved PHSI'. 6.5 - Alternative Sites 6.5.1 - Description CEQA requires the evaluation of alternative sites if moving the Proposed Project to another site would eliminate or avoid one or more significant impacts of the Proposed Project. The impacts to both short-term and long-term air quality would occur regardless oflocation. The significant impact to freeway traffic might be reduced by a different location, but the 1-215 Freeway experiences similar levels of congestion from its intersection with the 1-15 four miles to the north down to its intcrsection with the 1-10 Freeway six miles to the south 6.5.2 - Finding It is not likely that an alternative location would eliminate the significant traffic impact of the Proposed Project. Unless the UHSP project can be built with mixed uses or adjacent to a transit center (no sites of this size available near the San Bernardino center), the Proposed Project cannot be made consistent with the growth projections or policies of SCAG. Environmental Findings of Fact University Hills Specific Plan EIR Finding Regarding Alternatives to the Proposed Project 6.5.3. Facts in Support of Finding The alternative location would not eliminate the signifIcant impacts of the Proposed Project. Based on discussions with City staff and a survey of the surrounding area, there are no other vacant sites of this size in the northern portion of San Bernardino. This analysis demonstrates that impacts of development as proposed under the UHSP on an alternative site would be equivalent to those of the UHSP developed on this location. Therefore, an alternative site is not a feasible or viable option for this proj ect. Environmental Findings of Fact Finding Regarding Alternatives to the University Hills Specific Plan EIR Proposed Project Table 1: Summary of Project Alternative Impacts Proposed No Project -No No Project - Modified Educational Environment General Plan allssue Project Development Alternative Specific Plan Institution I Tech. (UHSP) Alternative (PHSP) Alternative Park Alternative Aesthetics, Less No impact Somewhat Equivalent but Increased but less Light, and significant increased more non- than significant Glare residential uses Air Quality Significant No impact Significant Less than Significant significant Construction Significant No impact Less than Significant Significant Operation despite'!li;(~~use Biological Less than No impact Significant Less than Less than Resources ~igllificant sigllW~~llt s)gnificant Cultural Less than No impact Increased and Less than Less than Resources Significant potentially significant significant significant Geology, Soils, Less than No impact Increased but less Less than Less than and SeislTl,(city ~_iglliD_~_~ll,t, than sigllificant s_ign.iD~~nt significant Hazards and Less than No impact Reduced but less Less than Significant Hazardous Significant than significant significant Increased hazmat Materials use Hydrology and Less than No impact Increased less Less than Less than Water Quality ~Jgllin~allt than significant sigllin~_~T1t sjgllificant Land Use Less than No impact Less than Increased but less Significant Significant significant than significant Noise Less than No impact Reduced and less Mixed but less [ncrcased but less Significant than significant than significant than significant Population, Significant No impact Lcss than Less than Less than I-lousing, and Growth Inducing significant significant significant SCAG & SCAG policies <:::()n?is~~ncy Public Services Less than No impact Reduced but less Reduced but less Mixed but less and Recreation ~igniD~ant than signin~~ll~ tb<ill?iglliDcant than significant? Transportation Signiticant No impact Significant Significant Significant and Circulation Fwy congestion Fwy congestion Local traffic & Local traffic & F':Yy.~()J1gestion Fwy congestion Agriculture Less than No impact Less than Less than Less than Mineral Significant significant significant significant Resources Utility Systems Less No impact Reduced Reduced Reduced Significant Meets Project Yes No Not to same Not to same No Objectives? degree degree Environmental Findings of Fact University Hills Specific Plan EIR Finding Regarding Alternatives to the Proposed Project 6.5.4 - Finding The Final EIR determined that the Proposed Project would produce significant impacts to Air Quality, Population, Housing and SCAG Consistency, and Transportation. The Final EIR also determined the project could potentially contribute to cumulatively considerable impacts to Air Quality and Transportation; however, the recommended measures do not reduce impacts under the less than significant threshold. All five alternatives reduce at least one of the three significant and unavoidable impacts; however, they create potential land use compatibility contlicts between the alternate uses and the General Plan. In addition the alternatives would not fully implement the project's objectives of providing an active residential community with connectivity to the existing residential uses. Since none of the alternatives are considered environmentally superior to the Proposed Project, they are rejected in favor of the Proposed Project. 6.5.5 - Facts in Support of Finding None of the alternatives achieve the objectives of the project to the same degree as the Proposed Project. The environmental effects of each alternative in relation to the Proposed Project are summarized in Table 1. Environmental Findings of Fact University Hills Specific Plan EIR Statement of Overriding Considerations SECTION 7: STATEMENT OF OVERRIDING CONSIDERATIONS CEQA Guidelines Section 15093 (a) states that: CEQA requires the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a Proposed Project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits of a Proposed Project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered "acceptable." Where the decision of the public agency allows the occurrence of significant effects which are identified in the Final EIR but are not avoided or substantially lessened the agency shall state in writing the specific rcasons to support its action based on the Final EIR and/or other information in the record. This statement may be necessary if the agency also makes a finding under Section 15091(a)(2) or 15091 (a)(3). As identified above, the City of San Bernardino finds that the project does produce significant and un-mitigable impacts to Air Quality, Population, Housing and SCAG Consistency, and Transportation, and, therefore, requires a Statement of Overriding Considerations. The findings havc also analyzed a number of alternatives to determine whether they are reasonable and feasible alternatives to the proposed action and whether they might reduce or eliminate the significant impacts of the proposed action. The City of San Bernardino finds that the project will provide specdic economic, social, and other benefits that outweigh the unavoidable adverse environmental impacts of the project, such that those impacts are considered acceptable. Each of the benefits of the Proposcd Project cited is hereby determined to be, in itself and independently of the other project benefits, a basis for overriding all significant adverse environmental impacts identified in the EIR and in these findings. These benefits are as follows: 1. The Paradise Hills project land plan proposed extensive grading and development within the middle and upper reaches of Badger Canyon, however, that project was never built. In addition to the General Plan designating the project site as a Specific Plan, the Land Use Plan in the City's Land Use Element designates the lower (southern) portion of the site for Residential Suburban (RS) uses with a density of 4.5 units per acre (7,200 square foot lots), and the northern portion (i.e., north of the San Andreas Fault and in the middle and upper reaches of Badger Canyon) for Residential Low (RL) development at 3.1 units per acre. The University Hills Specific plan addresses the steep slopes surrounding Badger Creek and designated it as Open Space (OS). 2. The northern portions ofthe site are mitigated with a Hillside Management Overlay as well as a Foothill Fire Zone Overlay to help to minimize the spread of wildfires, property damage, and reduce the risk to the public health and safety. Environmental Findings of Fact University Hills Specific Plan EIR Statement of Overriding Considerations 3. The University Hills Specific Plan replaces the Paradise Hills Specific Plan and includes a new land use map, zoning districts, development standards, design guidelines, and infrastructure requirements for the development of the site. The following elements of the Specific Plan promote the land use goals of the General Plan: . Placing housing in close proximity to CSUSB. . Accommodating up to 60 faculty units, which will create a direct and long-lasting relationship with CSUSB. . Orienting the development and clubhouse toward CSUSB. . Allowing CSUSB to share conference facilities in the clubhouse. . Dedicating approximately 235 acres of permanent open space to CSUSB as a "land laboratory." . Carefully weaving University Hills into its physical surroundings by clustering development on the lower slopes and away from physical hazards, preserving significant drainage ways. 4. The Project allows residents the opportunity to live, work, and play in the immediate area. This reduces the need to use the automobile, which in turn reduces congestion, improves air quality, fosters walking, and improves overall health and wellness. 5. University Hills is a significant opportunity for the City to achieve many goals described in its General Plan, such as providing housing types suitable for a variety oflifestyles and incomes. University Hills accommodates a range of living opportunities including estate, single-family detached, small-lot detached, cluster court homes, town homes, and stacked flats. In addition, University Hills provides four acres that will bc dedicated to CSUSB and can accommodate up to 60 units for exclusive use as faculty housing. 6. University Hills accommodates 980 residences situated in several neighborhoods, which are separated by open space corridors, drainage ways, and sloped areas and interconnected by a series oftrails and roadways. 7. Development is focused onto approximately 170 acres, or 42 percent of the total site and is mainly concentrated south of the South Branch of the San Andreas Fault on the lower portions of the site where the average slopes are generally below 15 percent. North of the South Branch of the San Andreas Fault, approximately 235 acres, or 58 percent of the site, remains undeveloped and is designated as permanent open space. It will be dedicated to CSUSB for use as a laboratory to study the local biology, habitat, and geology. The compact design limits the development footprint so that open lands are maximized; natural drainage ways are maintained and incorporated into the design ofthe project as open space amenities; landscaping and hazards are avoided or mitigated. 8. The land laboratory contains a variety of native plant species; natural drainages, including Badger Creek; and the San Andreas Fault system. The proximity of these features to the CSUSB campus provides unique educational opportunities. It is envisioned that the biology, geology, geography Environmental Findings of Fact University Hills Specific Plan EIR Statement of Overriding Considerations and environmental studies, and science education departments would be the primary users of the land laboratory, but it could be used by other disciplines. 9. University Hills is designed and programmed to create a long-term and synergistic relationship with CSUSB. In particular, University Hills directly responds to input from the University through the provision ofland for faculty housing, the 235-acre land laboratory, pathways, bike lanes, and the California Walnut Grove Linear Park. 10. University Hills is designed to minimize the impacts of light intrusion and spillover. CSUSB is contemplating building an observatory on Badger Hill immediately adjacent to University Hills. To help preserve a dark nighttime sky, this Specific Plan includes strict controls on the type and design of lighting. 11. University Hills is also located within the University District Specific Plan, which was approved November 1,2005. The University District Specific Plan acts as the umbrella document for a 6,375-acre area, of which University Hills is a part. The intent of the University District Specific Plan is to "lay a foundation for the intq,'fation of the University into the surrounding community." The University District Specific Plan focuses on creating: . Pedestrian-oriented developments . A seamless connection between the community and University . Integrated curriculum with CSUSB . A "university town" . Enhanced link to regional recreation . An efficient vehicular and pedestrian system . A range of housing types to accommodate a wide range of population, including University faculty and staff. . Quality housing The University District Specific Plan assumed the Paradise Hills Specific Plan in its land use plan and was amended to reflect the land plan for University Hills in conjunction with this project. ATTACHMENT H RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Bernardino Attn: City Manager 300 North "D" Street, 6th Floor San Bernardino, California 92418 (SPACE ABOVE FOR RECORDER'S USE ONE Y) DRAFT DEVELOPMENT AGREEMENT SPECIFIC PLAN NO. 07-01 (UNIVERSITY HILLS) CITY OF SAN BERNARDINO ,2008 Inland.UI 1513. DevAgLv2 TABLE OF CONTENTS Pa2e RECITALS...................................................................................................................... ... I l'IQkccLl)ccy,!QP1ECIlL&:llllirem en ts. .......................................................................... 3 a. Standard of l)cvclopment. ................................................................................ 3 I), Rules and Reglllations,...................................................................................... 3 c. Fees and Fcc Credits. ........................................................................................4 d. Hili Iding Permits. ............................................................. .......... ..... ........ ... ... .... 6 e. PI"(),cs~.~~C Appl icatiol]s:.,Fi 'l'LLA..CLioJL ........ ........ ................. ........ ............... 6 [ Till1i ng.() LP,\!el opment. ...................... ........ ........ ............... ..... ..... .................... 7 g: [\/1 ul1icipal Services........... ....................... ................ .......... .......... ........ .............. 7 h. 1'.llb.Li<::.Iv.1fl]c<::j!]g. .. ..... ........................... ........ ........ ..... ..... ..... ............... ............ 8 SLll.lllsgLl'oj e,L'1QProva Is. ......................................................................................... 8 a. 'I,lTl1..9 C Ajmrovals. ................................ ........... ............... ..... ..... ....................... 8 !2, Consistency of Land Use Designations. ........................................................... 8 ~. T c:;:rlTI of /\L!TCClnenl.. ... ... ....................... ...... ... ... ........ ... ..... ..... ..... ....... .......... ...... ...... ... 9 a. 1\ ormaIIiCLnl.,.................................................................................................... 9 h. Proiect Completion. .......................................................................................... 9 4. Hindinl! [Clect oL\gLeCl1}CnL.....................................................................................9 a. Covena!lt. .................. ............................. ........ ... ..... ..... ..... ..... ....... ... ..... ... ... ... .... 9 b .f\Jg.f>.mperty.JmcresL......................................................................................... 9 5. AS'illinment. ... ........ ........................................................... ..... ....... .......... .................. 10 ;!.: Rigln.<2.LAsc-;igllmCl1L ............................ .......................... ............ .................... 10 f\J()tice Requirement. ....................................................................................... 10 [Iket 01' Default. ............................................................................................ 10 b. e. (" .....................................................................................................................10 a. Form 01' Notice. ............................................................................................... 10 Chang~ oCf\ddncss. ......................................................................................... 11 \2., ."',n.liC1.c9Jn,nt of A greement. ....................................................................................... 11 a. E\lrInal AmendmenL ....................................................................................... 11 b. Clarillcatioll. ................................................................................................... 11 8. Il1tffi)fetation and EnCorcement 01' Agreement., ........................................................ II a. Conmlctc Agrecment. ..................................................................................... 11 b. Se.verabilit v. ..... ....................... ...... ...... ........ ........ ..... ..... .................... .............. 12 <;, Contlict\Vilh Statc or Federal Laws. ............................................................. 12 d. Applicable Law. .............................................................................................. 12 e. PrcvailiJlg Party.'............................................................................................... 12 In land. U HSB_ Dev Agr. v2 11 [ Ilcfunsc QJ.:/\(',~i'JIlcnL ........... ... ... ......... ........ ........ ..... ....... ..... ....... ... ...... ........ 12 &- Authoritv of Signatories. ................................................................................. 12 lL I ndcmni Ilcatjon. .... ... ... ... ....................... ... ........ ............... ..... ..... ..... ..... ... ... ... ... 12 l. IN ai vcr and De\i!y,~, ...................... ... ...... ... ........ .......... ..... ..... ..... ....... ... ......... ... 13 .L Third Pan v Actions,............... ... ... ... ... ........... ........ ..... ..... ..... ....... ... ................. 13 k. Force Ma ieure. ... .................... ...... ... ... ........... ........ ..... ..... ............ ................. ... 13 I). [jtJe.~t on Propertv,....................................................................................................13 'lc Estoppel Certi Ilcate. ........................................................................................ 13 b. gg[>?!.l.~>?QnQtsJ:rl)m../~gr~~111Clll- . ... ... ... ..... ... ..... ..... ..... ..... ..... ..... ..... ... ... ... .... 13 I n. l)erir)<licl~~.Yi~.'-..v_()LConlPJii!I.K~.\\ljtIlW<.;t:lTl.s:rlL..... ........ ....... ..... ..... ..... ... ..... ........ 13 a. !\lJt}IJ'lU{evig.'-..v~............................................................................................... 13 b. Contents Qf Report. ......................................................................................... 14 C. jy! ai vcr. ............................................................................................................ 14 I~ Viol ations. ................................................................................................................. 14 a. Violation bv Property Owner.......................................................................... 14 120 \i'iCll<ition bv 01v.............................................................................................15 c. Legal Enforccment. ......................................................................................... 15 J 2. RelationshiJ) of Parties. ............................................................................................. 16 J 3, Exhibi1s~ .................................................................................................................... 16 14. !1ci()j1tiQIlOf A!!reement. ........................................................................................... 16 15. Reconlin!! of Agreement. .......................................................................................... 16 Exhibits Exhibit "A" - Legal Description of Property Exhibit "B" - Public Facilities Financing Plan Exhibit "C" - Table of Processing Fees Exhibit "D" - Table ofImpact Fees InlamLUIISB.DevAgr.v2 JlJ DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT ("Agreement") is made and entered into this _ day of , 2008, by and between (i) the CITY OF SAN BERNARDINO, a municipal corporation organized and existing under the laws of the State of California (the "City"), and (ii) FONTANA CORNERS 111, L.P., a California limited partnership (the "Property Owner"), pursuant to the authority of Sections 65864 through 65869.5 of the California Government Code. The City and the Property Owner may be referred to herein individually as a "Party" and collectively as the "Parties." RECIT ALS A. The Property Owner is the Owner of a large property, consisting of approximately four hundred four (404) acres, more particularly described in Exhibit "A" attached hereto (the "Property"). The Property is located in the northerly portion of the City, in close proximity to the campus of California State University, San Bernardino ("CSU"). B. The Property previously was the subject of Resolution No. 93-45, adopted by the City on February 22, 1993, approving General Plan Amendmcnt No. 91-07 and Specific Plan 90-03 and related conditions of approval, and authorizing execution of Development Agreement No. 91-03 with the Property Owner (collectively, the "Prior Approvals"). C. Pursuant to the Prior Approvals and the plan of development contained therein, commonly known as ParadiSE Hills, the Property Owner prepared a filed a proposed map for subdivision of the Property. Subsequently, at the request of the elected leadership of the City, the Property Owner withdrew that proposal, and agreed to design an entirely different development concept for the Property. D. The Property Owner now proposes to develop the Property as a residential community to be known as University Hills (the "Project"). The City and the Property Owner mutually recognize that this represents a unique opportunity to work cooperatively in formulating and carrying out a comprehensive developmcnt plan that will have a beneficial impact on the area in which this property is located, as well as on the City as a whole. To that end, the Parties have cooperated in designing a development plan which advances their mutual goals, and now wish to commit their best efforts and resources in pursuit of this opportunity. E. This Agreement will enable the City, as well as CSU and other entities, to realize significant benefits, in the form of facilities, programs and revenues. In patiicular, these include preservation of more than half of the Property as pennanent open space under the control of CSU and reservation of a portion of the Project for CSU faculty housing. Furthermore, development of the Project is expected to contribute significantly toward generation of benefits and enhancement of the quality of life for 1 Inlanu. UHS8.DevAgr,v2 both current and future residents of the City. Consequently, entering into this Agreement is acknowledged to be to the mutual benefit of the Parties. F. To strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of Cali fomi a adopted Section 65864 et seq. of the California Government Code, which authorizes the City to enter into a development agreement with any person or entity having a legal or equitable interest in real property, providing for the development of such property and establishing certain reciprocal rights and obligations related to such development. G. To implement the above-described state laws, the City adopted Chapter 19.40 of the San Bernardino Municipal Code, establishing procedures and requirements for considering and approving development agreements. H. The Property Owner has a legal interest in the real property situated in the City which is the subject of this Agreement, and therefore satisfies the statutory requirements to enter into this Agreement. I. In conjunction with the Prior Approvals, City Council Resolution No. 93-45 certified a Final Environmental Impact Report (the "EIR"), adopted findings and a statement of overriding considerations, and adopted Mitigation Monitoring Program as contemplated by the ErR. The City Council certified that the ErR was legally adequate, and that it satisfied the requirements of the California Environmental Quality Act ("CEQA;" California Public Resources Code Section 21000 et seq.), the CEQA Guidelines (California Code of Regulations Section 15000 et seq.) and applicable ordinances and regulations of the City. J. The Property Owner has made or intends to make application to the City for additional discretionary land use approvals, including, but not limited to, a new specific plan (the "Specific Plan"), a new General Plan amendment (the "GP A"), a zone change (the "Zone Change"), one or more subdivision maps (the "Map" or the "Maps") and formation of one or more financing districts. K. In connection with this Agreement, the City Council reviewed the previously approved EIR and related documents, prepared a Final Subsequent Environmental Impact Report (the "SEIR"), and certified that the SEIR is legally adequate, and that it satisfies the requirements of CEQA, the CEQA Guidelines and applicable ordinances and regulations of the City, including but not limited to provision of sufficient mitigation for any significant enviromnental impacts. L. The Specific Plan, the GP A, the SEIR and any other discretionary land use approvals relating to the Project are incorporated herein by this reference, and collectively comprise the "Project Approvals." Any and all Maps and other future discretionary land use approvals relating to the Project shall become part of the Project Approvals upon receiving approval from the City. The Property Owner desires to develop the Property in accordance with the Projcct Approvals and this Inland _ U HSB. Dcv Agr. v2 2 Agreement. The Project consists of development of the Property as contemplated by the Project Approvals and this Agreement, subject to any refinements agreed upon by the Parties. M. The Planning Commission, on conducted hearings and adopted findings relating to this Agreement, as required by Municipal Code Section , and recommended that the City Council approve this Agreement. N. The City Council, on , by Resolution No. made all findings and determinations relating to this Agreement which are required by Municipal Code Section , and approved this Agreement by its adoption of Ordinance No. In doing so, the City Council determined that this Agreement is consistent with the General Plan and will implement the Project Approvals. O. The City Council finds that execution ofthis Agreement and the performance of and compliance with the terms and conditions set forth herein by the Parties: (i) is in the best interests of the City; (ii) will promote the public convenience, general welfare and good land use practices in the City; (iii) will promote preservation and enhancement of land values in the City; (iv) will encourage the development of the Project by providing a reasonable level of certainty to the Property Owner; and (v) will provide for orderly growth and development in a manner consistent with thc General Plan and other plans and regulations of the City. NOW, THEREFORE, in consideration of the above Recitals, all of which are expressly incorporated into this Agreement, and the mutual promises and obligations of the Parties set forth herein, the Parties agree as follows: 1. Proiect Development Requirements. a. Standard of Development. The Project shall be developed in accordance with the Project Approvals and this Agreement. During the term of this Agreement, the permitted uses within the Project, the density and intensity of use, maximum height and size of buildings, other zoning standards, the requirements for reservation or dedication of land for public purposes, the mitigation requirements and all other terms and conditions of development of the Project shall be those set forth in the Project Approvals. b. Rules and Regulations. Pursuant to Government Code Section 65866, and except as otherwise provided in this Agreement, the regulations, rules and official policies of the City governing (i) permitted uses within the Project, (ii) density and intensity of use, (iii) design, improvement and construction standards and specifications, and (iv) all other tenns and conditions of development of the Project shall be those regulations, rules and official policies which are in effect on the effective date of the ordinance approving this Agreement, as modified and/or supplemented by the Specific Plan (the "Applicable Regulations"). Other ordinances, regulations and official policies of thc City which are adopted thereafter may be applicable to the Project, to the extent that they are not in conflict with the Applicable Regulations. Inland_UIISB.DevAgr.v2 3 The foregoing notwithstanding, the Parties recognize that planning and design considerations are constantly evolving and being modernized, and that development of the Project may from time to time require updating of City regulations and standards in order to achieve the most desirable outcomes for the City from the Project. Accordingly, the City agrees that it shall diligently and in good faith review and process to final action any proposals made by the Property Owner for such updating of City regulations and standards. c. Fees and Fee Credits. The Parties recognize that fees which may be imposed by the City upon the Project fall within two categories: (i) fees for processing applications for City actions or approvals ("Processing Fees"); and (ii) fees or other monetary exactions which are established or contemplated under City ordinances or resolutions in effect as of the effective date of the ordinance approving this Agreement and which are intended to defray the costs of public facilities or other amenities related to development projects (e.g., schools, parks, streets and traffic controls) ("Impact Fees"). i. Processing Fees. The City may charge Processing Fees against the Project based upon the lesser of (A) the fees applicable at the time of the Property Owner's application for any future City action or approval, or (B) the fees applicable as of the date of approval ofthis Agreement by the City, in either case subject to the limitations in Paragraph l.c.iii below. The Property Owner shall receive a credit against the Processing Fees for any payments made or expenses incurred by the Property Owner for city staff or other persons engaged or assigned by the City pursuant to Subsection l.e below. A list of the categories and amounts of Processing Fees in effect as of the date of approval ofthis Agreement by the City is attached hereto as Exhibit "C". ii. Impact Fees. The City may charge Impact Fees against the Project based upon the lesser of (A) the fees ordinarily applicable at the time that payment is due or (B) the fees applicable as of the date of approval ofthis Agreement by the City, in either case subject to the limitations in Paragraph l.c.iii below. The Property Owner may defer payment of Impact Fees related to any structure until the time of close of escrow in the first sale of such structure to a member of the public. A list of the categories and amounts of Impact Fees in effect as of the date of approval of this Agreement by the City is attached hereto as Exhibit "D". lll. Fee Categories. The City shall not impose upon the Project any categories of fees or other monetary exactions which are not included within (A) the Processing Fees as those categories exist as if the date of this Agreement, and (B) thc Impact Fees as those categories existed as of the date of adoption of the Prior Approvals, unless required by state or federal law or regulations. IV. Mitigation of Impacts. The Parties anticipate that, in addition to paying various fees to the City, the Property Owner will develop various public improvements as components of the Project, or in satisfaction of conditions of approval of the Project. To the extent that the Property Owner develops improvements which mitigate thc impacts of the Project upon public facilities or infrastructure and for which the City imposes Impact Fees, or the Property Owner secures such development in a manner reasonably acceptable to the City, the Property Owner shall be entitled to credits against Inland. UI-ISB.DevAgr.v2 4 any such Impact Fees in an amount equivalent to the total cost of development of such facilities or infrastructure as of the date that any such facility or other item of infrastructure is conveyed to and accepted by the City, including but not limited to the costs of design, preparation and processing of plans, land acquisition, financing and construction. As to any category of such public facilities or infrastructure in which the Property Owner develops or secures the development of all such improvements required to serve the Project, the Property Owner shall be entirely exempt from that category of Impact Fees. In particular, in recognition of the significant pennanent open space, improved parkland and public trails provided for in the Specific Plan, the Property Owner shall be exempt from payment of park and recreation fees. v. Oversizing and Reimbursements. Furthermore, to the extent that the Property Owner constructs public improvements which benefit other development projects or properties, in addition to the Project, the City shall require the owners or developers of such other projects or properties to enter into reimbursement agreements with the Property Owner for their pro rata shares of the costs of such improvements, which reimbursements shall be due and payable by each such other owner or developer at the earlier of the recording of the first subdivision map for the benefited property or the issuance of the first building permit for the benefited property. Alternatively, the City shall reimburse the Property Owner for such pro rata share out of fees collected from such other benefited projects or properties. Similarly, to the extent that the Property Owner constructs public improvements which generally benefit the surrounding community or the City as a whole, such as certain infrastructure improvements called for in the City's General Plan, but the benefits of which do not clearly accrue to particular other development projects or properties, the Property Owner shall receive credits against Impact Fees in the amount of the portion of the value of such improvements to the general community or the City, over and above their value to the Project, as determined by the City in its reasonable discretion in consultation with the Property Owner. For example, extension of Campus Parkway from its current easterly tenninus is an improvement called for in the City's General Plan, primarily for the benefit of CSU, so that the cost of construction of that improvement, if performed by the Property Owner, would be reimbursed through credits toward any Impact Fees due from the Property Owner. The traffic signals and othcr improvements to bc constructed at both the intersection of Northpark Boulevard and Campus Parkway and the intersection of Little Mountain Road and East Campus Circle have been approved by the City to be funded and constructed through the City's Capital Improvement Program; in the event that the City has not commenced construction of each of those improvements by the beginning of the year 2011, the Property Owner may perform such construction, in which case the Property Owner shall be reimbursed through credits toward any Impact Fees due from the Property Owner. vi. Maintenance Responsibilities. It is intended that private infrastructure improvements within the Project will be owned, operated and maintained by a homeowners association. However, certain infrastructure facilities which are expected to be constructed by the Property Owner will be conveyed to public agencies, which then wi II be responsible for their operation and maintenance. In particular, the sewer lift station to be located at or near the southwesterly comer of the Project site, as shown in the Specific Plan, Inland. U HSll. Dev Agr. v2 5 will be conveyed to the City Department of Public Works, and thereafter will be operated and maintained by that agency. The regional trail traversing the Project, as shown in the Specific Plan, will be conveyed to and maintained by the City Department of Parks, Recreation and Community Services. Trails constructed within the open space area to bc conveyed to CSU, as shown in the Specific Plan, will be subject to an easement for public access and use, and will be maintained by the City Department of Parks, Recreation and Community Services. Trails constructed within the balance of the Project, as shown in the Specific Plan, will be conveyed to a homeowners association and will be maintained by a landscape maintenance district formed and operated by the City, which district includes this Project. Other trails constructed by the Property Owner across adjacent land owned by the San Bernardino County Flood Control District and/or land owned by CSU, will be maintained either by the owners of the underlying property or by such landscape maintenance district. d. Building Permits. The Property Owner shall have the right to obtain building permits necessary for construction of the maximum number of dwelling units and other structures permitted by the Project Approvals, consistent with the other requirements and conditions in this Section I. e. Processing of Applications; Final Action. The Parties recognize that there are additional approvals required by the Property Owner from the City in connection with carrying out the Project pursuant to the Project Approvals, including but not limited to one or more Maps. During the term of this Agreement, the Property Owner shall have a legally recognized vested right to obtain such additional approvals and to carry out the Project in accordance therewith. i. The City recognizes the importance to the Project of achieving and maintaining the timely and efficient processing of Project-related applications and related documents. Accordingly, the City shall diligently and in good faith process any such applications and take final action thereon as quickly as reasonably possible. In no event shall such processing exceed the time periods set forth in any applicable state laws and local ordinances or regulations. In the event that the City fails to comply with such requirements, the City shall be liable to the Property Owner for any damage or loss suffered by the Property Owner as a consequence. The foregoing requirements are subject to the Property Owner's applications for such additional approvals being in proper form for submittal and processing, including all required documents, information and fees, based on the City's generally applicable standards in effect at the time of submittal. ii. The Project shall be exempt from any moratorium or other restriction on the acceptance, processing or approval of development-related applications and/or of issuance of development-related permits, except as otherwise required by state or federal law. The timing of acceptance, processing and approval of such applications and the issuance of such permits shall not be affected by any limitation imposed after the date of approval of this Agreement upon the number of lots or permits which may be approved by the City, including limitations pertaining to particular time periods. Any conditions or requirements imposed by the City in connection with any such approvals or pennits shall not exceed those typically imposed by the City in connection with similar approvals for other development projects in the City. In land .lJHSB. Dev Agr_ v2 6 111. The City, with the concurrence of the Property Owner, may engage consultants or assign city staff for the purpose of coordinating, facilitating, expediting and/or reviewing subsequent applications by the Property Owner to the City for additional approvals and permits related to the Project. The Property Owner shall bear thc costs of compensation of such specially assigned consultants and staff and any other City expenses associated with such persons, except as otherwise provided herein. The consultants and staff assigned to the Project shall at all times be person having a level of training and experience commensurate with the size and complexity of the Project and the diversity of further approvals and permits required for the Project. f. Timing of Development. The Parties acknowledge that development of the Project will be affected by numerous factors outside the control of the Property Owner, e.g., general economic conditions, interest rates and market demand. Accordingly, the Parties further acknowledge and agree that the Property Owner may develop the Project in such order and at such rate and times as are appropriate within the Property Owner's business judgment, subject to compliance by the Property Owner with conditions and requirements imposed by the City and not in conflict with this Agreement. Furthermore, the Property Owner shall have the unrestricted right to refrain from proceeding with development of part or all of the Project, upon a determination by the Property Owner, in the Property Owner's discretion, that any conditions have made the Project infeasible. g. Public Services. Following satisfaction by the Property Owner of the requirements to obtain the necessary permits to carry out each phase of the Project, in accordance with the Project Approvals, the City shall provide to the Project all municipal services required to carry out the Project (including but not limited to services and/or facilities toward which the Property Owner has paid Impact Fees) which are provided by the City to other property Owners either citywide or in the vicinity of the Project, at a cost no higher on a pro rated basis than is charged to such other property Owners, provided that the Property Owner complies with all requirements of the Project Approvals pertaining to construction and/or financing of improvements related to such services, and further provided that there are no physical impediments which make it impossible for the City to provide any particular service to the Project. Such services shall include, without limitation, maintenance of the sewer lift station described in Paragraph l.c.vi above. The City recognizes the importance to the Project of extending public transit services to the Project site. Accordingly, the City has commenced negotiations with the Omnitrans transit agency to extend shuttle bus service, with the intention of serving the community center and at least one other location within the Project. The City shall use its best good faith efforts to secure such service. h. Proiect Access. The City acknowledges that development of the Project in accordance with the Project Approvals will require use of certain existing public rights of way, including but not limited to the street known as Little Mountain Road (which was established as a public right of way by that certain Agreement and Grant of Easement recorded June 21, 1965, in Book 6415, Page 395, in the Official Records of San Bernardino County) and the easterly extension of the street known as Campus Parkway, as well as the securing of additional public rights of way. The City shall take no action which would result in diminishing public access to the Property as shown in the Specific Plan. Further, the City shall cooperate with the Property Owner in securing all additional public access Inland. UHSB.DevAgr.v2 7 shown in the Specific Plan from CSU, the San Bernardino County Flood Control District and any other public or private Owners of property through which such access must pass, Such cooperation by the City shall include, if necessary, exercise of the City's power of eminent domain, in accordance with applicable state law and local ordinances, i, Public Financing, The City shall cooperate with the Property Owner in making available means of public financing for some or all of the public facilities and/or services required to be constructed or provided in connection with the Project and Impact Fees required to be paid in connection with the Project, pursuant to the Project Approvals, Upon the request of the Owner, the City shall initiate proceedings for the establishment of one or more community facilities districts, landscape maintenance districts or other similar financing mechanisms, or, alternatively, regarding participation in one or more such financing mechanisms established by another public agency, The City's obligations in this regard shall be subject to and consistent with the City's ordinances and policies, if any, regarding use of public financing, as well as any applicable provisions of state law, and shall be consistent with the Public Facilities Financing Plan attached hereto as Exhibit "B", The Property Owner agrees to cast its votes in favor of, and/or to refrain from protesting the formation of, any such district which the Property Owner has requested the City to initiate, In establishing or participating in any special financing district other than a community facilities district, the City shall, to the greatest extent feasible, include in such district all property which will receive any identifiable benefit from the facilities and/or services to be provided or financed thereby, To the extent that it is infeasible to include any such benefited property in a district, the City shall take all reasonable steps to ensure that the Owner or developer of such property is required to enter into a reimbursement agreement with the Property Owner, whereby the Property Owner will recover from such other Owner or developer (in the form of direct payment, bond procecds, fees or otherwise) a pro rata share of the cost of the facilities and/or services financed by the district. The Property Owner acknowledges that proviSIOn of public financing, as well as other forms of financial assistance which the City may provide to the Project, may cause the Project or portions thereof to become subject to wage payment and contract bidding requirements under state law which are not otherwise applicable to private development projects, and that the City makes no representations as to the likelihood of such requirements becoming applicable to the Project. 2, Status of Proiect Approvals, a, Term of Approvals, The Project Approvals shall remain valid and in effect for the entire term of this Agreement, and the City shall take no action to rescind, revise or otherwise modify the Project Approvals, except at the request of or with the consent of the Property Owner. b, Consistencv of Land Use Designations, The Parties recognize the importance of maintaining the planning and design integrity of the Project and of ensuring that there is compatibility between those features of the Project and the surrounding community to the greatest extent feasible, Accordingly, the City shall not modify any land use designation within or outside the Project boundaries in such a way as to preclude or Inland. UHSB.DcvAgr.v2 8 interfere with all or any part of the Project. Additionally, the Parties shall jointly examine the establishment of design criteria applicable to arterial street corridors in the vicinity of the Project. 3. Term of Agreement. a. Initial Term Extensions. The term of this Agreement shall commence on the effective date of the ordinance approving this Agreement, and shall extend for an initial period of twenty (20) years thereafter ("Expiration Date"). Provided that the last annual review performed by the City prior to the Expiration Date, pursuant to Section 10 below, has determined that the Property Owner is in good-faith compliance with the terms of this Agreement, then the Expiration Date shall automatically be extended for an additional period of five (5) years ("First Extension"). Provided that the last annual review performed by the City prior to the expiration of the First Extension, pursuant to Section 10 below, has determined that the Property Owner is in good-faith compliance with the terms of this Agreement, then the Expiration Date shall automatically be extended for a further additional period of five (5) years ("Second Extension"). The First Extension shall automatically take effect if the City fails to conduct any al1llual review pursuant to Section 10 prior to the Expiration Date, and the Second Amendment shall automatically take effect if the City fai Is to conduct any annual review prior to expiration of the First Extension. b. Proiect Completion. If not already terminated by reason of any other provision hereof, this Agreement shall automatically terminate upon: (i) total build-out of the Project pursuant to the Project Approvals and any amendments thereto; (ii) the issuance of all occupancy permits for improvements on the Property; and (iii) acceptance by the City of all dedications of public rights-of-way and public improvements. Similarly, where all such conditions have been satisfied with respect to any phase of the Project, consisting of one or more Planning Areas designated in the Specific Plan, then this Agreement shall automatically terminate as to that phase. As used herein, "total build-out" shall mean the completion of all construction in the Project, or in any phase of the Project, of all buildings, structures, infrastructure, improvements, landscaping and associated amenities contemplated or permitted by the Specific Plan, all other infrastructure required by the Project, and performance by the Property Owner and the City of all of their respective obligations hereunder. 4. Binding Effect of Agreement. a. Covenant. This Agreement shall bind, and inure to the benefit of, the respective Parties and their successors in interest, including their heirs, representatives, assigns, partners and investors, and all other persons and entities acquiring any rights or interests in the Property or any portion thereof, whether by operation of law or in any other manner whatsoever. All of the provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. b. No Property Interest. Nothing herein shall be construed as a dedication or transfer of any right or interest in, or as creating a lien with respect to, title to the Property. lnland.UIISB.DevAgr.v2 9 5. Assignment. a. Right of Assignment. The Property Owner may assign its rights and obligations hereunder to any other person or entity ("Assignee"), at any time during the term of this Agreement, provided that: (i) such assignment shall occur in connection with sale, hypothecation or other transfer of a legal or equitable interest in the Property or a portion thereof, including any foreclosure of a mortgage or deed of trust or a deed in lieu of foreclosure, or in connection with formation of a new entity which is the assignee and in which the Property Owner is a partner, member or other form of co-owner, and (ii) the assignee demonstrates, to the reasonable satisfaction of the City Manager, the ability to perform or secure any public improvement obligations required by the City in connection with the Project phase or other interest being transferred, as identified in the conditions of approval of the applicable Map or elsewhere in the Project Approvals. The City shall give the Property Owner written notice of its satisfaction or dissatisfaction with the proposed assignee within five (5) business days of receipt by the City of the information submitted pursuant to this paragraph. The City shall treat all such information as confidential and proprietary, to be made available solely to City officials and staff required to review it in order to carry out the purposes of this paragraph. b. Notice Requirement. The Property Owner shall give the City notice of any such assignment, and the Assignee shall provide the City with notice acknowledging its acceptance of its obligations hereunder as a successor in interest to the Property Owner. Upon such assignment, the acceptance thereof by the Assignee and provision of the required notices to the City by both the Property Owner and the Assignee, the Property Owner shall be relieved of its rights and obligations hereunder to the extent that such rights and obligations have been specifically transferred to and accepted by the Assignee. c. Effect of Default. Any default by the Property Owner existing at the time of assignment of any of its rights and obligations hereunder shall remain the obligation of the Property Owner, unless the Assignee expressly accepts such obligation and the City expressly approves the assignment of such obligation. Any default by the Assignee occurring after the time of assignment of any rights and obligations of the Property Owner to the Assignee shall be solely the responsibility of that Assignee, and shall not be deemed to be a default by either the Property Owner or any other Assignee. 6. Notices. a. Form of Notice. All notices between the City and either the Property Owner or any Assignee, given pursuant to the provisions of this Agreement, shall be in writing and shall be given by personal delivery, facsimile or mail. Notice by personal delivery or facsimile shall be deemed effective upon the delivery of such notice to the Party for whom it is intended at the address set forth below (or, in the case of an Assignee, at the address specified by such Assignee in a written notice to the City). Notice by mail shall be deemed effective two (2) business days after depositing such notice, addressed as set forth below, properly sealed, postage prepaid, registered or certified, return receipt requested, with the United Stated Postal Service, regardless of when the notice is actually received. The addresses to be used for purposes of notice shall be: To City: City of San Bernardino In land. UHSH. Dev Agr.v2 10 Attn: Development Services Director 300 "D" Street, 3,d Floor San Bernardino, CA 92418 Facsimile: (909) 384-5080 With a copy to: City Attorney City of San Bernardino 300 "D" Street, 6th Floor San Bernardino, CA 92418 Facsimile: (909) 384-5238 To Property Owner: Inland Communities Corp. Attn: Jim Ahmad, President 1801 Avenue of the Stars, Suite 1205 Los Angeles, CA 90067 Facsimile: (310) 277-2788 With a copy to: Cary Lowe Attorney at Law 3517 Garrison Street San Diego, CA 92106 Facsimile: (619) 501-4194 b. Change of Address. Any Party (and any Assignee) may change the address to which notices are to be sent (and/or the person to whose attention notices are to be directed) at any time by giving written notice of such change in the manner provided above. 7. Amendment of Agreement. a. Formal Amendment. This Agreement, including the term hereof, may be amended from time to time by mutual consent of the Parties, in accordance with the provisions of Government Code Section 65868. b. Clarification. The foregoing notwithstanding, the Parties acknowledge that implementation of this Agreement will require close cooperation between them, and that, in the course of such implementation, it may be necessary to supplement this Agreement to address details of the Parties' performance and to otherwise effectuate the purposes of this Agreement and the intent of the Parties with respect thereto. If and when, from time to time, the Parties find it necessary or appropriate to clarify the application of implementation of this Agreement without amending any of its material terms, the Parties may do so by means of an implementing agreement which, after execution, shall be attached hereto as an addendum and become a part hereof. Any such implementing agreement shall be executed by the City Manager on behalf of the City. 8. Interpretation and Enforcement of Agreement. a. Complete Agreement. This Agreement represents the complete understanding between the Parties, and supersedes all prior agreements, discussions and negotiations relating to the subject matter hereof. No amendment, modification or Inland. U HSB_ Dcv Age v2 11 cancellation of this Agreement shall be valid unless in writing and executed by the Parties, other than pursuant to Section 11 below. b. Severabilitv. If any provision of this Agreement is determined to be invalid or unenforceable, the remainder of the Agreement shall not be affected thereby and shall remain in full force and effect, unless such invalidation renders any remaining provisions impossible or impractical to enforce. c. Conflict with State or Federal Laws. In the event that any state or federal laws or regulations, enacted after the effective date of this Agreement, prevent or preclude compliance by either Party with any provisions hereof, such provisions shall be modificd or suspended to the extent necessary to comply with such state or federal laws or regulations. d. Applicable Law. This Agreement shall be construed, interpreted and enforced in accordance with the laws of the State of California and any applicable laws of the United States of America. e. Prevailing Party. In the event of any action or proceeding brought by either Party against the other to enforce the provisions of this Agreement, the prevailing Party shall be entitled to recover reasonable costs and expenses, including attorneys' fces, incurred in connection therewith. f. Defense of Agreement. In the event of any action or proceeding brought by a third party, whether a private or governmental person or entity, challenging the validity of this Agreement or any provisions hereof, the City shall actively defend against any such action or proceeding, including taking all reasonable measures to protect the enforceability of the Agreement. The Parties shall cooperate in defending against any such challenge, provided that the Property Owner shall pay all actual, reasonable legal expenses associated with such defense. The City shall consult regularly with the Property Owner regarding such defense and shall notify the Property Owner of any significant developments relating to the action or proceeding. During the entire course of any such challenge, including any review up to a court of final jurisdiction, this Agreement shall remain in full force and effect. g. Authority of Signatories. All the Parties represent and warrant that the persons signing this Agreement on their behalves have full authority to bind the respective Parties, and that each and every term of this Agreement is fully enforceable in all respects at the time this Agreement is executed and shall remain fully enforceable at all times during which the Agreement is in effect and, where indicated, beyond the term of this Agreement. Such enforceability shall pertain to both the substantive provisions of this Agreement and any remedies available for violation of the Agreement by either Party, including but not limited to awards of damages. h. Indemnification. The Property Owner agrees to and shall defend, indemnify and hold harmless the City and its officers, employees, agents and contractors, against any and all claims, damages, awards, actions or causes of action and expenses (including, but not limited to, attorneys' fees and costs of litigation) to which the City and its officers, employees, agents and contractors may be subjected by reason of the City's approval of this Agreement, or any work done or omission made by the Property Owner Inland. UHSB,DcvAgr,v2 12 and its agents, officers or employees, in connection with, arising out of or resulting from the approval or performance of this Agreement. i. Waiver and Delavs. Failure by either Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, or failure by either Party to exercise its rights upon a default by the other Party, shall not constitute a waiver of any right to demand strict performance by such other Party in the future. j. Third Partv Actions. Nonperformance by either Party shall not be excused because of a failure of a third person, except as specifically provided herein. k. Force Maieure. Neither Party shall be deemed to be in default for failure or delay in performance of any of its obligations under this Agreement if caused by floods, earthquakes, other acts of God, fires, wars, riots or similar hostilities, strikes or other labor difficulties, government agencies and their regulations, or other causes beyond the reasonable control of the Party claiming the force majeure. If any such event shall occur, the term of this Agreement and the time for performance by the Property Owner of any of its obligations hereunder shall be extended by the period of time that such events prevent it from proceeding with development of the Project. 9. Effect on Propertv. a. Estoppel Certificate. Any Party may, at any time and from time to time, deliver written notice to another Party requesting certification in writing that, to the knowledge of the certifying Party: (i) this Agreement is in full force and effect and a binding obligation of the Parties; (ii) this Agreement has not been amended, or, if so amended, identifying the amendments; and (iii) the requesting Party is not in default in the performance of its obligations under this Agreement, or, if in default, describing the nature and extent of any such default. A Party receiving a request hereunder shall execute and return such certificate within thirty (30) days following the receipt thereof. The City Manager of the City shall have the authority to execute any such certificate requested by the Property Owner. The City acknowledges that a certificate hereunder may be relied upon by transferees and mortgagees. b. Release of Lots from Agreement. Promptly upon the written request of the Property Owner, the City shall execute a document, in a recordable form, releasing any lot for which a final Map has been recorded and which has been sold or leased, from the effects of this Agreement, and deliver such document to the Property Owner. 10. Periodic Review of Compliance with Agreement. a. Annual Review. This Agreement shall be subject to annual review, pursuant to California Government Code Section 65865.1. Within thirty (30) days following each anniversary of the date of recording of this Agreement, the Property Owner shall submit to the Development Services Director of the City written documentation demonstrating good-faith compliance with the terms of this Agreement (" Annual Report"), to the extent that the Property Owner has taken or is required to take any action pursuant to this Agreement. Failure by the Property Owner to submit the Annual Report in a timely manner shall not itself constitute a breach of this Agreement, unless the City has first given Inland_UHSl3. DcvAgr.v2 13 the Property Owner a minimum of thirty (30) days notice thereof and the Property Owner fails to submit the Annual Report within thirty (30) days after receipt of such notice. b. Contents of Report. The Annual Report and any supporting documents shall describe (i) any permits or other approvals which have been issued or for which application has been made and (ii) any development or construction activity which has commenced or has been completed since the date hereof or since the preceding annual review. The City shall review all the information contained in such report in determining the Property Owner's good faith compliance with this Agreement. c. Waiver. The City does not waive any claim of defect in perfon11ancc by the Property Owner if, at the time of an annual review, the City does not propose immediately to exercise its remedies hereunder. However, in the event that the City, following receipt of the Annual Report for any year, fails to review the information contained therein and/or to determine the Property Owner's good faith compliance with this Agreement, the Property Owner shall be deemed to be in good faith compliance with regard to the period covered by that Annual Report. 11. Violations. a. Violation by Property Owner. i. The Property Owner shall be deemed in violation of the terms of this Agreement if a finding and determination is made by the City, upon the basis of substantial evidence, that the Property Owner has not complied in good faith with one or more of the material terms or conditions of this Agreement. A default on the part of an Assignee pursuant to Section 5 above shall not under any circumstances constitute a violation of this Agreement by the Property Owner. ii. If the City believes the Property Owner to be in violation of this Agreement, the City shall give the Property Owner thirty (30) days written notice specifying the nature of the alleged violation and, when appropriate, the manner in which the violation may be satisfactorily cured. Failure or delay in giving notice of a violation shall not constitute a waiver of such violation. 111. The Property Owner may appeal the allegation of violation by filing a notice of appeal with the City Clerk, within the thirty (30) day cure period described in the preceding paragraph. The Property Owner's appeal shall be placed on the agenda of the next regularly scheduled meeting of the City Council, which shall be an open meeting but not a public hearing. If the City Council finds that a violation has occurred and is continuing, the Property Owner shall be given another sixty (60) days within which to cure such violation; provided that such time period shall be extended automatically so long as the Property Owner is engaged in making good faith efforts to cure the violation. At the next City Council meeting following expiration of the sixty (60) day period allowed for curing the violation, or any extension thereof, the City Council shall set forth by motion or resolution its determination as to (i) the continuation of the violation and (ii) any action to be taken, which action may include amendment or termination of this Agreement. Any action to terminate shall be in the f0n11 of a resolution and shall be supported by written findings. In land. UHSB. Dcv Agr.v2 14 iv. After proper notice and expiration of the cure period without appeal, cure or commencement of substantial effort toward a cure by the Property Owner, the City may take unilateral action to terminate or amend this Agreement. b. Violation bv Citv. i. The City shall be deemed in violation of the terms of this Agreement upon failure of the City to carry out any of its obligations hereunder. ii. If the Property Owner believes the City to be in violation of this Agreement, the Property Owner promptly shall notify the City, through its Planning Official, to that effect, setting forth the grounds upon which a violation is claimed, facts in support of such grounds, and the means through which such violation may be cured. The City shall have thirty (30) days following the date of receipt of the notice within which to take action to deny the claim, cure the violation or undertake substantial action toward the cure. Ill. If the action of the City is unsatisfactory to the Property Owner, the Property Owner may make an appeal to the City Council, provided that, within ten (10) days following the date ofreceipt of the notice of denial of the claim, or within ten (10) days following the date of expiration of the cure period described in the preceding paragraph, whichever occurs first, the Property Owner files with the City Clerk a notice of appeal to the City Council. The City Council thereafter shall consider this matter on the agenda of its next regularly scheduled meeting, which shall be an open meeting but not a public hearing, at which the Property Owner may present information regarding the alleged violation. Based upon the information presented by the Property Owner, the City Council shall make a determination as to whether the City is in violation of this Agreement, as alleged by the Property Owner. c. Legal Enforcement. Subject to the prior exhaustion of all administrative remedies set forth above (except to the extent that such acts would be futile), in addition to any other rights or remedies, either Party may institute legal action (i) to cure, correct or remedy any violation, (ii) to enforce any covenants or agreements herein, (iii) to enjoin any threatened or attempted violation hereof, (iv) to recover damages for any default or (v) to obtain any other remedies consistent with the purposes of this Agreemcnt. In addition to any other remedies available herein, (i) either Party may have liability under this Agreement for contractual damages, (ii) each Party shall be entitled to specific performance by the other Party of its obligations under this Agreement and (iii) each Party shall be subject to liability for violation of a statutory or constitutional right of the other Party which exists independent of this Agreement. Any such legal action shall be brought in the Superior Court of San Bernardino County, State of California, or in an appropriate federal court. In land. U I ISH. Dev Agr. v2 15 12. Relationship of Parties. In performing its obligations hereunder, the Property Owner is acting under this Agreement as an independent contractor and not as an agent or employee of the City. Further, nothing in this Agreement shall be construed as creating between the Property Owner and the City a partnership or joint venture for any purpose. 13. Exhibits. All exhibits referred to in, and attached to, this Agreement are incorporated herein by such reference. 14. ordinance. Adoption of Agreement. Adoption ofthis Agreement by the City shall be by IS. Recording of Agreement. Within ten (10) days following the adoption by the City of the ordinance approving this Agreement, or any subsequent amendment hereof, the City Clerk shall file a fully executed copy hereof with the County Recorder of San Bernardino County, State of California. [BALANCE OF PAGE INTENTIONALLY LEFT BLANK.] Inland. UHSB .Dev Agr. v 2 16 IN WITNESS WHEREOF, the Parties have executed this Agreement, to be effective as of the date set forth in the first paragraph hereof. "PROPERTY OWNER" "CITY" FONTANA CORNERS III, L.P., a California limited partnership CITY OF SAN BERNARDINO, a municipal corporation By: ARADI, LTD., a Nevada corporation, its General Partner By: By: Patrick J. Morris, Mayor General Partner APPROVED AS TO LEGAL FORM. Henry Empeno, Senior Deputy City Attorney ATTEST: Rachel Clark, City Clerk Inland.UIISB.DevAgr.v2 17 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY PARCEL 1 (Assessor's Parcel No. 265-041-12): THAT PORTION OF THE EAST 1/2 OF SECTION 5, LYING WITHIN THE LINE OF THE MUSCUPIABE RANCHO AND OF THE EAST 1/2 OF SECTION 8, BOTH OF TOWNSHIP 1 NORTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, BEING A PORTION OF SAID MUSCUPIABE RANCHO DEFINED BY EXTENDING U.S. GOVERNMENT SECTIONAL LINES ACROSS SAID RANCHO, LYING WESTERLY OF THE WEST LINE OF THE LAND CONVEYED TO C. F. MARTIN BY DEED RECORDED FEBRUARY 14, 1922, IN BOOK 740, PAGE 199 OF DEEDS AND NORTHERLY OF THE NORTH LINE OF THE LAND DESCRIBED IN PARCEL 4 OF THE DEED TO SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, RECORDED APRIL 23,1940, IN BOOK 1415, PAGE 37, OFFICIAL RECORDS. PARCEL 2 (Assessor's Parcel Nos. 265-051-12 and 265-051-13): THAT PORTION OF THE WEST 1/2 OF SECTION 4, LYING WITHIN THE LINE OF MUSCUPIABE RANCHO AND THE WEST 1/2 OF SECTION 9, BOTH OF TOWNSHIP I NORTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, BEING A PORTION OF SAID MUSCUPIABE RANCHO DEFINED BY EXTENDING U.S. GOVERNMENT SECTIONAL LINES ACROSS SAID RANCHO, DESCRIBED AS FOLLOWS: BEGINNING AT CORNER NO. I ON LINE 27-28 RANCHO MUSCUPIABE ACCORDING TO THE PERRIN SURVEY, SAID CORNER BEING NORTH 890 03' WEST, 516.90 FEET FROM MUSCUPIABE RANCHO, CORNER M-28; THENCE SOUTH 890 03' EAST, 516.90 FEET TO SAID CORNER M-28; THENCE SOUTHERLY 173.17 FEET ON THE EASTERLY LINE OF SAID RANCHO TO MUSCUPIABE RANCHO CORNER M-29; THENCE SOUTHEASTERLY, 785.30 FEET ON THE NORTHEASTERLY LINE OF SAID RANCHO TO A POINT WHICH IS DISTANT NORTH 620 41' WEST, 195.51 FEET FROM THE NORTHEAST CORNER OF THE LAND DESCRIBED AS PARCEL NO.4 OF THE DEED TO SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, RECORDED APRIL 23,1940, IN BOOK 1415, PAGE 37, OFFICIAL RECORDS; THENCE ON THE BOUNDARY LINE OF SAID PARCEL 4, THE FOLLOWING COURSES AND DISTANCES; SOUTH 02011' EAST, 526.41 FEET; THENCE SOUTH 250 30' WEST, 581.59 FEET; THENCE NORTH 380 31' WEST, 1966.20 FEET; THENCE NORTH 01024' 30" EAST, 674.55 FEET; Inland.l JHSB. Dev Agr. v2 18 THENCE NORTH 390 05' WEST, 85.12 FEET TO AN ANGLE POINT THEREIN, SAID POINT ALSO BEING ON THE EASTERLY LINE OF THE LAND CONVEYED TO C. F. MARTIN, RECORDED FEBRUARY 14, 1922, IN BOOK 740, PAGE 199 OF DEEDS; THENCE NORTHERLY ALONG LAST SAID EASTERLY LINE, NORTH 410 09' EAST, 50 FEET; THENCE NORTH 100 58' WEST, 127.05 FEET; THENCE NORTH 41008' EAST, 241.56 FEET; THENCE NORTH 220 36' EAST, 626.13 FEET TO THE POINT OF BEGINNING. EXCEPT THE LAND CONVEYED TO SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT IN DEED RECORDED SEPTEMBER 25, 1956, IN BOOK 4046, PAGE 396, OFFICIAL RECORDS. PARCEL 3 (Assessor's Parcel No. 265-061-16): THAT PORTION OF SECTION 9, LYING WITHIN THE LINE OF THE MUSCUPIABE RANCHO, IN TOWNSHIP 1 NORTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, BEING A PORTION OF SAID MUSCUPIABE RANCHO DEFINED BY EXTENDED U.S. GOVERNMENT SECTIONAL LINES ACROSS SAID RANCHO, DESCRIBED AS FOLLOWS: BEGINNING AT A CORNER M-28, ON LINE 27-28 RANCHO MUSCUPIABE ACCORDING TO THE PERRIN SURVEY; THENCE SOUTHERLY 1786.17 FEET ON THE EASTERLY LINE OF SAID RANCHO TO MUSCUPIABE RANCHO CORNER M-29; THENCE SOUTHEASTERLY, 980.81 FEET ON THE NORTHEASTERLY LINE OF SAID RANCHO TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ON LAST SAID NORTHEAST LINE, SOUTH 620 41' EAST, TO THE NORTHEAST CORNER OF THE LAND CONVEYED TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT BY DEED RECORDED MAY 14, 1957, IN BOOK 4229, PAGE 497, OFFICIAL RECORDS; THENCE ON THE NORTHERLY LINE OF THE LAND IN THE DEED LAST MENTIONED, SOUTH 600 03' 27" WEST, 563.37 FEET; THENCE NORTH 740 05' 48" WEST, 1143.34 FEET TO A POINT IN THE EASTERLY LINE OF THE LAND DESCRIBED AS PARCEL 4 IN DEED TO SAID FLOOD CONTROL DISTRICT, RECORDED APRIL 1,1940, IN BOOK 1415, PAGE 37, OFFICIAL RECORDS, SAID POINT BEING SOUTH 030 50' EAST, 816.73 FEET FROM THE INTERSECTION OF SAID NORTHEASTERLY RANCHO LINE; THENCE ON LAST SAID EASTERLY LINE, NORTH 03050' WEST 816.73 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 4 (Assessor's Parcel No. 265-051-09): In land. U HSB_ Dev ^gr.v2 19 THAT PORTION OF SECTIONS 4, 5, 8 AND 9, TOWNSHIP 1 NORTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS THE LINES OF THE GOVERNMENT SURVEY MAY BE EXTENDED ACROSS THE MUSCUPIABE RANCHO, DESCRIBED AS FOLLOWS: BEGINNING AT CORNER NO.1 ON LINE 27-28 RANCHO MUSCUPIABE, ACCORDING TO THE PERRIN SURVEY, AT NORTH 890 03' WEST, 516.9 FEET FROM CORNER NO. 28; THENCE SOUTH 220 36' WEST, 626.13 FEET TO CORNER NO.2; THENCE SOUTH 51008' WEST, 241.56 FEET TO CORNER NO.3; THENCE SOUTH 100 58' EAST, 127.05 FEET TO CORNER NO.4; THENCE SOUTH 41009' WEST, 283.26 FEET TO CORNER NO.5; THENCE SOUTH 160 19' WEST, 735.98 FEET TO CORNER NO.6; THENCE WEST 374.00 FEET TO CORNER NO.7; THENCE NORTH 1823.2 FEET TO CORNER NO.8 ON LINE 27-38 MUSCUPIABE RANCHO; THENCE SOUTH 890 03' EAST, 1142.6 FEET ALONG LINE 27-28 MUSCUPIABE RANCHO TO CORNER NO.1, THE PLACE OF BEGINNING. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LAND CONVEYED TO C. F. MARTIN BY DEED DATED DECEMBER 8,1921 AND RECORDED FEBRUARY 22,1922, IN BOOK 740, PAGE 199, OF DEEDS; THENCE NORTH 890 53' EAST ALONG THE SOUTH LINE OF SAID MARTIN LAND, 374.0 FEET TO THE SOUTHEAST CORNER OF SAID MARTIN LAND; THENCE NORTH 160 12' EAST ALONG THE EAST LINE OF SAID MARTIN LAND, 291.68 FEET; THENCE SOUTH 670 12' WEST, 345.0 FEET; THENCE SOUTH 520 03' WEST, 174.27 FEET TO A POINT ON THE WEST LINE OF SAID MARTIN LAND; THENCE SOUTH 00 01' EAST ALONG SAID WEST LINE, 40.0 FEET TO THE POINT OF BEGINNING. PARCEL 5 (Assessor's Parcel No. 265-021-13): In land. UHSB. Dcv Age v2 20 GOVERNMENT LOT 16 AND THAT PORTION OF GOVERNMENT LOTS 14 AND 15, SECTION 5, TOWNSHIP 1 NORTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT TOWNSHIP PLAT THEREOF, APPROVED BY THE SURVEYOR GENERAL ON JUNE 24, 1898, DESCRIBED AS FOLLOWS: COMMENCING AT MONUMENT NO. 27 OF THE MUSCUPIABE RANCHO, SAID MONUMENT BEING THE SOUTHWESTERLY CORNER OF SAID GOVERNMENT LOT 14; THENCE NORTH 58014' 40" EAST, 1035.33 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 820 11' 40" EAST, 720.00 FEET; THENCE NORTH 00 08' EAST, 456 FEET, MORE OR LESS, TO THE NORTH LINE OF SAID GOVERNMENT LOT 15; THENCE EASTERLY ALONG THE NORTH LINE OF SAID GOVERNMENT LOTS 15 AND 16, 1938 FEET, MORE OR LESS, TO THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 16; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID GOVERNMENT LOT 15, 1093 FEET, MORE OR LESS, TO THE SOUTHEAST CORNER OF SAID GOVERNMENT LOT 16, SAID CORNER BEING ON THE SAID MUSCUPIABE RANCHO LINE; I n land. U HSB. Dev Agr.v2 21 THENCE NORTH 890 WEST ALONG THE COUNTY LINE OF SAID GOVERNMENT LOTS 16, 15 AND 14, AND ALONG THE MUSCUPIABE RANCHO LINE, 2684 FEET, MORE OR LESS, TO A POINT, SAID POINT BEING SOUTH 890 EAST 883.9 FEET FROM SAID MONUMENT NO. 27 OF RANCHO MUSCUPIABE; THENCE NORTH 0021' WEST, 560.34 FETE TO THE POINT OF BEGINNING. PARCEL 6 (Assessor's Parcel Nos. 265-011-07 and 265-011-08): THE NORTH 1/2 OF THE SOUTHEAST 1/4, AND THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 4, TOWNSHIP 1 NORTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND APPROVED BY THE SURVEYOR GENERAL DATED JUNE 24,1898. PARCEL 7 (Assessor's Parcel No. 265-011-06): GOVERNMENT LOT 5, SECTION 4, TOWNSHIP 1 NORTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND APPROVED BY THE SURVEYOR GENERAL DATED JUNE 24,1898. 1 Inland. UHSB. Dev Agr. v2 EXHIBIT "B" PUBLIC FACILITIES FINANCING PLAN This Public Facilities Financing Plan ("Financing Plan") outlines the basic terms and conditions pursuant to which the City and the Property Owner will cooperate to establish a Community Facilities District ("CFD") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, for the acquisition and/or construction of public improvements and payment of fees applicable to the Project. The principal goals of the Financing Plan are to: (i) establish reasonable certainty as to how the CFD shall be implemented; and (ii) provide for the issuance of CFD bonds in series in order to minimize carrying costs. Formation. Promptly upon written request by the Property Owner, the City shall IDltlate proceedings to form the CFD. All costs and expenses advanced by the Property Owner to thc City associated with the formation and bond issuance of the CFD shall be reimbursed out of the first available CFD bond proceeds to the Property Owner. The City agrees to use its best efforts to complete the CFD formation proceedings and record the special tax lien within one hundred (100) days following the Property Owner's request to commence proceedings. Boundarv. The CFD boundary shall encompass solely the Project. If requested by the Property Owner, the CFD may contain multiple improvement areas. Authorized Facilities. The CFD shall be authorized to finance all on-site and off-site public improvements ("Facilities" or "Facility"), Impact Fees, and other Property Owner cash contributions for public improvements required by the Project's conditions of approval or this Agreement ("Contributions"). Costs of the Facilities to be constructed by the Property Owner that are eligible to be financed in the CFD are as follows: . The actual costs for the construction of a Facility, including labor, materials and equipment costs; The costs incurred 111 designing and preparing the plans and specifications for a Facility; Fees paid for obtaining permits, licenses or other governmental approvals for a Facility; Costs of construction management and supervision; Professional costs associated with the Facility, such as engineering, inspection, construction staking, materials and testing and similar professional services; and . Costs directly related to the construction of a Facility, such as costs of payment, performance and/or maintenance bonds and insurance costs. I Inland_ UHSB.D<:vAgLv2 Discrete components of the Facilities conslstmg of usable segments and various cost categories relating to such segments may be funded by the CFD. Examples of cost categories consisting of discrete components are as follows: Streets . Planning, design, engineering and permitting; Grading; . Paving; . Sidewalks; and . Final lift, asphalt cap and other final completion items and remaining soft costs. Wet Utilities (Sewer, Water, Reclaimed Water, Storm Drain) . Planning, design, engineer and permitting; . Grading and trenching; . Installation of channels, pipes, basins, rip rap and other structures; and . Final completion items and remaining soft costs. Park and Trails . Planning, design, engineering and permitting; . Grading; . Installation of irrigation, landscaping, parking facilities, play and recreation equipment, bathrooms and other structures; and . Final completion itcms and remaining soft costs. Facilities and Contributions may be financed as payment requests are submitted, based on actual cost without prioritization. Facilities and Contributions may be authorized to be financed with the CFD bond proceeds and special taxes derived from more than one improvement area. If the Property Owner or its designee serves as constmction manager on Facilities and/or Contributions, such entity shall be paid a management fee of 5% of the contract prices of all contracts managed by such entity. Other Agencies. The City agrees to assume responsibility for the ownership, operation and maintenance of the completed public improvements acquired or constructed with CFD bond proceeds, provided that such improvements are reflective of the type of improvements which are typically owned, operated and maintained by the City. Furthermore, the City agrees to cooperate and pursue a joint community facilities agreement with the San Bernardino City Unified School District ("School District") to finance school facilities, if applicable. Alternatively, if the School District is the lead agency in the formation of a CFD for the Project, the City agrees to cooperate in securing a joint community facilities agreement with the School District so that City-related public improvements can be acquired or constructed by such CFD. Inland.l JHSH.DevAgr,v2 2 Financing Criteria. The City will assist in issuing CFD bonds in one or more series to acquire or construct the Facilities and fund the Contributions, subject to the following parameters: (i) a precondition to the issuance of bonds shall be that the value of the property subject to CFD special taxes required to repay the bonds is at least three (3) times the amount of the bonds; (ii) the bond term shall be thirty (30) years; (iii) up to eighteen months of capitalized interest shall be included, at the Property Owner's request; (iv) total effective annual tax rates, including CFD special taxes, shall not exceed 2% of the estimated sales prices of lots and homes subject to the special tax at the time ofCFD formation or resolution of consideration; (v) CFD special taxes may be determined based on residential house size categories, with larger homes having larger special tax amounts than smaller homes to account for the general public improvement benefits; (vi) special taxes shall be levied on developed property up to the assigned special tax rate prior to the levy on undeveloped property; and (vii) full or partial prepayment of the special taxes shall be permitted. Modifications. The provisions of this Financing Plan may be modified with the consent of both the Property Owner and City in order to address Project revisions, bond underwriting criteria or other factors consistent with the development plan and with the objectives of the City and the Property Owner regarding the Project, the Facilities and Contributions. [n land. U HSB. Dev Agr. v2 3 EXHIBIT "C" TABLE OF PROCESSING FEES EXHIBIT "C" UNIVERSITY HILLS SPECIFIC PLAN PROCESSING FEES 16-Jul-08 ITEM No. FEE DESCRIPTION AMOUNT PAID 1 Snecific Plan I Environmental Impact Report $ 11,500.00 2 General Plan Amendment $ 1,503.50 3 Traffic Study Review Fee $ 640.00 4 Geolonv Report Review Fee $ 1,500.00 5 Tentative Parcel Map No. 18969 Filina Fee $ 6,878.09 6 Tentative Tract Map No. 18696 Filina Fee $ 9,286.09 7 Tentative Tract Map No. 18140 $ 10,456.09 8 Future TTM's Processina Fees TBD 9 Future CUP's Processinq Fees TBD 10 Improvement Plans Plan Check Fees TBD 11 Future Plot Plan Processina Fees TBD 12 Future CUP's TBD TOTAL PROCESSING FEES TBD Inland. UIISH.DevAgr.v2 EXHIBIT "D" TABLE OF IMP ACT FEES EXHIBIT "0" UNIVERSITY HILLS SPECIFIC PLAN DEVELOPMENT IMPACT FEES 920 UNITS (PLUS 60 UNITS FOR FACULTY HOUSING) 16-Jul-08 APPLICABLE FEES PER 2008 PER CURRENT CITY FEE ORDINANCE SCHEDULE (920 UNITS) TOTAL 465 455 FEES ITEM NO. DESCRIPTION SFR/SFDR TH/CONDO SFR/SFDR TH/CONDO 1 Drainao-e Fee $3.523.96 $1.454.74 $1,638,641.40 5661,906.70 $2,300,54:-\.10 2 Sewer CaDacitv Fee $3,500.00 $3.500.00 $1,627.500.00 $1,592.500.00 $3.220,000.00 Sewer Connection roce (Assume 3 3 Bedrooms oer unit) $1.556.72 $1.167.54 $723.874.80 $531,230.70 51.255.105.50 4 Sc\vcr lnsnectioll Fl:cS 526.19 526.]9 $12.178.35 $11,916.45 $24.()94.XO 5 v...'aler Acuuisition Fee $4,170.00 52,085.00 $1.939,05000 $(}48,675.00 52,887.725.1J1) 6 Water Administration Fec 575.00 $75.00 $34,875.00 $34.125.00 SW.OOO.OO Parkland and Open Space Fee (2008 7 Fees) 57,524.00 $5,955.00 53,498,66000 S2,709,525.00 S6,?OX,185 00 8 School Fee $13,948.00 $13,948.00 56.485,82000 56,346,340.00 S12,8i2,lW.()(J TOTAL PER UNIT FEE $34,323.87 $28,211.47 $15,961,064,55 $12,836,673.85 $28,797,738.40 I [n land. U HSB. Dev Age v2 C(Q)[P)f 1 2 3 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE FACTS, FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS, 4 CERTIFYING THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT 5 REPORT, ADOPTING THE MITIGATION MONITORING AND REPORTING PLAN, AMENDING THE GENERAL PLAN AND THE UNIVERSITY DISTRICT 6 SPECIFIC PLAN, ADOPTING THE UNIVERSITY HILLS SPECIFIC PLAN 7 AND APPROVING TENTATIVE PARCEL MAP NO. 18969, TENTATIVE TRACT MAP NO. 18696 AND TENTATIVE TRACT MAP NO. 18140. RESOLUTION NO. 8 9 10 SECTION I. RECITALS (a) WHEREAS, the Mayor and Common Council of the City of San 11 Bernardino ("City") adopted the General Plan for the City, and the University District 12 Specific Plan, by Resolution No. 2005-362 on November 1,2005; and 13 (b) WHEREAS, Inland Communities Corp. made application for the 14 University Hills Specific Plan and associated Tentative Parcel Map No. 18969, Tentative 15 Tract Map No. 18696 and Tentative Tract Map No. 18140; and 16 17 18 for the project by Michael Brandman Associates; and (c) WHEREAS, a Subsequent Environmental Impact Report was completed (d) WHEREAS, the University District Specific Plan includes the area 19 20 proposed for development under the University Hills Specific Plan; and 21 22 23 24 (e) WHEREAS, on April 17,2008, the Environmental Review Committee determined that the University Hills Specific Plan could have significant effects on the environment, and thus warranted preparation of a Subsequent Environmental Impact Report (EIR) pursuant to the California Environmental Quality 25 26 Act (CEQA); and 27 (f) WHEREAS, the Notice of Preparation, indicating the intent of the City to 28 prepare a Draft Subsequent Environmental Impact Report was made known to the I / !-/7-()$ =If 3~ 2 Reporting Plan, the Facts, Findings and Statement of Overriding Considerations; and (P) WHEREAS, the Planning Commission, after receiving public testimony, adopt the Mitigation Monitoring and Reporting Plan, adopt the University Hills Specific Plan, and approve Tentative Parcel Map No. 18969, Tentative Tract Map No. 18696 and Tentative Tract Map No. 18140; and 3 22 23 24 25 26 27 28 4 1. 2. 3. 4. 5. 6. Initial Study; Notice of Preparation; Responses to the Notice of Preparation; 7. Draft Subsequent EIR; Notice of Completion; List of persons, organizations and public agencies commenting on the Draft Subsequent EIR; Comments received on the Draft Subsequent EIR during and after the public review period; Responses to comments on the Draft Subsequent EIR. 5 E. Although the Final SEIR identifies certain significant adverse environmental effects that would result if the University Hills Specific Plan, Tentative Parcel Map No. 18969, Tentative Tract Map No. 18696 and Tentative Tract Map No. 6 Considerations. I. Based upon substantial evidence in the record, the Mayor and Common Council hereby find: 7 1 2 3 4 5 6 7 8 The proposed Amendment will allow for the preservation of Badger Canyon for 9 10 biological and geologic study. In addition, historic resources identified as occurring in 11 the open space area will not be impacted by development, and can also be studied 12 further. 13 B. The proposed amendments will not be detrimental to the public interest, 14 health, safety, convenience, or welfare of the City. The proposed General Plan 15 Amendment is consistent with General Plan policies, and the projects associated with the 16 Specific Plan will be required to comply with all City requirements for infrastructure 17 development, including sanitary sewer and domestic water. Further, the Specific Plan 18 has been designed to protect the future residents from fire through integration of a fire 19 protection plan; and from geotechnical hazards through restrictions on development in 20 and near earthquake fault zones. 21 C. The proposed amendments will maintain the appropriate balance of land 22 uses within the City. The proposed Amendment is located in an area where open space 23 and residential land uses are proposed in the General Plan and University District 24 Specific Plan currently. General Plan Amendment No. 08-03 proposes an increase in the 25 amount of open space land, and proposes residential densities greater than those 26 currently planned in the Paradise Hills Specific Plan, in order to allow a clustered 27 development plan. The proposed Specific Plan will impact less land and cluster the 28 residential land uses, rather than impacting natural resources in Badger Canyon. Land uses open space to rmrurmze the hazards associated with flooding and earthquake faulting on the site. 2.6 Control development and the use of land to minimize adverse impacts on significant natural, historic, cultural, habitat and hillside resources. 2.6.1 Hillside development and development adjacent to natural areas shall be designed and sited to maintain the character of the City's significant open spaces and historic and cultural landmarks. 8 Based upon substantial evidence in the record, the Mayor and Common Council hereby find: A. The proposed plan is consistent with the General Plan and the University District Specific Plan. The University Hills Specific Plan is located within the University District Specific Plan area, and is consistent with that Plan's Vision, in that it will provide physical connectivity between the Specific Plan area and the University; be a part of the University Town concept by providing an area where faculty housing will be provided within the Plan; participate in transit efforts to connect the Plan area to the University and other parts of the City; and enhance the regional recreational link in the area by extending planned regional trails through the University Hills Specific Plan area. B. The proposed plan will not be detrimental to the public interest, health, safety, convenience or welfare of the City. The Specific Plan includes standards which will protect residents from the San Andreas Fault, and the potential for ground rupture associated with the Fault, through prohibitions on development in those areas. The Plan also incorporates bio-swales into open space and slopes to allow for the filtration of 9 1 2 3 4 5 6 7 8 could occur. The balance of the site where development will be pennitted is gently 9 10 sloping, and outside the City's Hillside Management Overlay, meaning that the slopes 11 are shallow enough to build upon. The site will be terraced to allow for flatter 12 development areas. The intensity of development proposed allows for 234.8 acres to be 13 preserved as permanent open space, which will provide a valuable resource for the 14 project's residents, the University, and the City as a whole. 15 D. The proposed plan will ensure the development of a desirable character 16 which will be compatible with existing and proposed development in the surrounding 17 neighborhood. The site is visually isolated from surrounding neighborhoods, and 18 development of the project will have only minimal impacts on surrounding views, as 19 demonstrated in the Specific Plan and SEIR. The character of the development, although 20 more intense than lands to the south and west, is consistent with the University District 21 Specific Plan concepts of an urban village in association with the University, which is 22 adjacent to the property. 23 E. The proposed plan will contribute to a balance of land uses so that local 24 residents may work and shop in the community in which they live. The Specific Plan 25 will include connections to local transit, and will be within walking distance of the 26 California State University, San Bernardino (CSUSB) campus. The Plan also includes a 27 planning area reserved for University faculty housing, which could generate up to 60 28 units within close proximity to CSUSB. In addition, the project is convenient to local surface water, which will prevent pollution. The Specific Plan also reqUires the clubhouse be constructed to meet LEED requirements, which will reduce potential impacts on greenhouse gases. The mitigation measures included in the EIR will also protect the residents and visitors to the project area from environmental hazards. C. The subject property is physically suitable for the requested land use designation(s) and the anticipated land use development. The areas designated for restricted or prohibited development within the Specific Plan are those where hazards 10 commercial areas, and with the extension of pathways, trails and sidewalks as planned in the Specific Plan, will be easily accessible for shopping and employment. Based upon substantial evidence in the record, the Mayor and Common Council 11 1 2 3 designed to accommodate higher densities of residential units in areas suitable for 4 5 development, to allow greater open space preservation. The open space land is also 6 included in the parcel map, and will be restricted as open space in perpetuity upon 7 recordation of the parcel map. 8 E. The design of the subdivision is not likely to cause substantial 9 environmental damage, or substantially and unavoidably injure fish or wildlife or their 10 habitat. The design of the parcel map, and the mitigation measures included in the SEIR 11 for the project, assure that areas of environmental hazards are restricted or prohibited 12 13 from development, including slopes and fault areas. The project also includes the 14 preservation of the biologically sensitive Badger Canyon as open space in perpetuity, 15 which will provide habitat for common and sensitive species occurring in the area. 16 F. The design of the subdivision is not likely to cause serious public health 17 problems. The parcel map is consistent with the Specific Plan, and divides parcels so 18 that it will protect residents from the San Andreas Fault, and the potential for ground 19 rupture associated with the Fault. The design of the parcel, as conditioned, will meet 20 21 City requirements for sight-lines and street widths for backbone infrastructure, to allow 22 safe transport through the site. 23 G. The design of the subdivision and the type of improvements do not 24 conflict with any easements, acquired by the public at large, for access through or use of 25 property within the proposed subdivision. The tentative parcel map has been designed to 26 accommodate trail easements in its northern portion, into Badger Canyon, where trails 27 28 exist, and will also extend regional trails required in the General Plan. The tentative D. The site is physically suitable for the proposed density of development. The tentative parcel map implements the Specific Plan planning areas, which are 12 SECTION VI. TENTATIVE TRACT MAP NO. 18696 FINDINGS C. The site is physically suitable for the type of proposed development. The tract map does not occur in areas designated for restricted or prohibited development within the Specific Plan. The site is gently sloping, and outside the City's Hillside Management Overlay District. The lots within the tentative tract map will be terraced to allow for f1atter development areas. D. The site is physically suitable for the proposed density of development. The Tract Map proposes 26 lots on 3.11 acres, consistent with the density of 3.2 to 9.0 units per acre allowed in the Standard Lot Detached (SLD) designation assigned to the 13 acre. Based upon substantial evidence in the record, the Mayor and Common Council hereby find: 14 C. The site is physically suitable for the type of proposed development. The tentative tract map does not occur in areas designated for restricted or prohibited units per acre. E. The design of the subdivision is not likely to cause substantial environmental damage, or substantially and unavoidably injure fish or wildlife or their habitat. The design of the tract map, and the mitigation measures included in the SEIR for the project, assure that areas of environmental hazards are restricted or prohibited from development. The tentative tract map does not occur in any of the restricted 15 1 development areas in the Specific Plan, nor does it occur adjacent to any open space area 2 proposed north of the tract map. 3 F. The design of the subdivision is not likely to cause serious public health 4 problems. The tentative tract map is not within a restricted development area, and is not 5 6 on the San Andreas Fault. The design of the tentative tract, as conditioned, will meet 7 City requirements for sight-lines and street widths for surrounding streets, to allow safe 8 transport through the site. 9 G. The design of the subdivision and the type of improvements do not 10 conflict with any easements, acquired by the public at large, for access through or use of 11 property within the proposed subdivision. The tentative tract map incorporates existing 12 13 easements without interfering with them. Any easements created through the master 14 parcel map (TPM No. 18969) for the project, will be implemented in the tentative tract 15 map as necessary. 16 SECTION VIII. CERTIFICATION OF THE SUBSEQUENT ENVIRONMENTAL 17 IMPACT REPORT 18 NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED by the 19 Mayor and Common Council of the City of San Bernardino that the Final Subsequent 20 21 Environmental Impact Report (SCH #2007071155) is adequate and complete in that it 22 addresses the environmental effects of General Plan Amendment No. 08-03, the 23 University Hills Specific Plan, Tentative Parcel Map No. 18969, Tentative Tract Map No. 24 18696 and Tentative Tract Map No. 18140, and fully complies with the requirements of 25 the California Environmental Quality Act, the CEQA Guidelines and the City's 26 Environmental Review Procedures. The Final Subsequent Environmental Impact Report 27 28 16 1 is hereby certified; the Facts, Findings and Statement of Overriding Considerations are 2 hereby adopted; and the Mitigation Monitoring and Reporting Plan is hereby adopted. 3 SECTION IX. ADOPTION OF THE GENERAL PLAN AMENDMENT AND 4 5 UNIVERSITY HILLS SPECIFIC PLAN 6 Based upon the above-referenced findings, General Plan Amendment No. 08-03 7 and the University Hills Specific Plan No. 07-01 (attached and incorporated herein as 8 Exhibits D and E, respectively) are hereby adopted. 9 SECTION X. APPROVAL OF TENTATIVE PARCEL MAP NO. 18969. TENTATIVE 10 TRACT MAP NO. 18696 AND TENTATIVE TRACT MAP NO. 18140 11 Based upon the above-referenced findings, Tentative Parcel Map No. 18969, Tentative 12 13 Tract Map No. 18696 and Tentative Tract Map No. 18140 (attached and incorporated 14 herein as Exhibits F, G, and H, respectively) are hereby approved. 15 SECTION XI. NOTICE OF DETERMINATION 16 17 18 19 20 21 22 23 24 25 26 27 28 In accordance with the provisions of this Resolution, the Planning Division is hereby directed to file a Notice of Determination with the County of San Bernardino Clerk of the Board of Supervisors certifying the City's compliance with the California Environmental Quality Act in preparing and certifying the Final Subsequent Environmental Impact Report and adopting the Facts, Findings and Statement of Overriding Considerations, the Mitigation Monitoring and Reporting Plan, General Plan Amendment No. 08-03, the University Hills Specific Plan, Tentative Parcel Map No. 18969, Tentative Tract Map No. 18696 and Tentative Tract Map No. 18140. A copy of the Notice of Determination will be forwarded to the State Clearinghouse. 17 1 SECTION XII. EFFECTIVE DATE 2 3 4 Statement of Overriding Considerations, the Mitigation Monitoring and Reporting Plan, 5 the adoption of General Plan Amendment No. 08-03 and the University Hills Specific 6 Plan and the approval of Tentative Parcel Map No. 18969, Tentative Tract Map No. 7 18696 and Tentative Tract Map No. 18140 shall be effective immediately upon adoption The certification of the Final SElR, the adoption of the Facts, Findings and 8 of this Resolution. 9 III 10 III 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 18 1 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE 2 FACTS, FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS, CERTIFYING THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT 3 REPORT, ADOPTING THE MITIGATION MONITORING AND REPORTING PLAN, AMENDING THE GENERAL PLAN AND THE UNIVERSITY DISTRICT 4 SPECIFIC PLAN, ADOPTING THE UNIVERSITY HILLS SPECIFIC PLAN 5 AND APPROVING TENTATIVE PARCEL MAP NO. 18969, TENTATIVE TRACT MAP NO. 18696 AND TENT A TlVE TRACT MAP NO. 18140. 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 7 meeting thereof, held on the day of , 2008, by the following vote to wit: 10 Council Members: 11 ESTRADA 12 BAXTER 13 BRINKER 14 DERRY 15 KELLEY 16 17 JOHNSON 18 MC CAMMACK 19 20 Ayes Nays Abstain Absent Rachel G. Clark, City Clerk 21 The foregoing resolution is hereby approved this day of November, 2008. 22 23 24 25 Approv PATRICK J. MORRIS, Mayor City of San Bernardino 26 27 28 By: .) C>L ".,~""",^,- / J es F. Penman ity Attorney 1 19 Exhibits to the Resolution of the city of San Bernardino adopting the Facts, Findings and Statement of Overriding Considerations, certifying the Final Subsequent Environmental Impact Report, adopting the Mitigation Monitoring and Reporting Plan, amending the General Plan and the University District Specific Plan, adopting the University Hills Specific Plan and approving Tentative Parcel Map No. 18969, Tentative Tract Map No. 18696 and Tentative Tract Map No. 18140: Exhibit A 1 - 4 (Bound Document) 1. Initial Study 2. Notice of Preparation (NOP) 3. Responses to NOP 4. Draft Subsequent Environmental Impact Report Exhibit A 5: Notice of Completion Exhibit A 6 - 8 (Bound Document) 6. List of persons, organizations and public agencies commenting on the Draft Subsequent Environmental Impact Report (DSEIR) 7. Comments received on the DSEIR during and after the public comment period 8. Responses to comments on the DSEIR Exhibit B: Environmental Findings of Fact and Statement of Overriding Considerations Exhibit C: Mitigation Monitoring and Reporting Plan (Bound with Exhibit A 6 - 8) Exhibit D: General Plan Amendment No. 08-03 Exhibit E: University Hills Specific Plan (Bound Document) Exhibit F: Tentative Parcel Map No. 18969 (Large Format Map) Exhibit G: Tentative Tract Map No. 18696 (Large Format Map) Exhibit H: Tentative Tract Map No. 18140 (Large Format Map) EXHIBIT A 1- 4 (Bound Document) DRAFT Environmental Impact Report University Hills Specific Plan City of San Bernardino, California SCH #2007071155 EXHIBIT A 1. Initial Study 2. Notice of Preparation (NOP) 3. Responses to NOP 4. Draft Subsequent Environmental Impact Report ..;~/ ~--.~;._-- """"9"'~;~'/ ,'''''/:'' . - y \ ~/ Prepared by: Michael Brandman Associates 621 Carnegie Drive, Suite 100 San Bernardino, CA 92408 Contact: Kent Norton, Project Director "'. .... 'I ':'-"1.1 :jr.md~,.", \- "e'.l'" Draft EIR August 1, 2008 EXHIBIT A 5 '" City of San Bernardino Development Services Department Notice of Completion and Availability of Draft Subsequent EIR To: Responsible and Interested Agencies, Speciallnterest Groups, Local Residents, and Other Interested Persons From: City of San Bernardino Development Services Department 300 North 0 Street, San Bernardino, CA 92418 Contact: Terri Rahhal, City Planner CLERK OFTHE BOARD AUG . 1 7008 COUNTY OF SAN BERNARDINO The City of San Bernardino is the Lead Agency and has released for public review a Draft Subsequent Environmental Impact Report (EIR) for the proposed project. The Draft Subsequent EIR is supported by the previously certified EIR for the Paradise Hills Specific Plan. Subject: University Hills Specific Plan Draft Subsequent EIR Project Title: University Hills Specific Plan Project Location: The Proposed Project is located in the northern portion of the City of San Bernardino in San Bernardino County, California. It is located just north of the California State University San Bernardino (CSUSB) campus on 404 acres of vacant land in the foothills of the San Bernardino Mountains. Access to the project area is proposed via Campus Parkway off Northpark Boulevard to the west and from Little Mountain Road off Northpark Boulevard to the east. Project Description: The UHSP consists of404.3 total acres, with 169.5 acres or 42 percent of the site proposed for residential and related uses, including 10.2 acres of parks and recreational uses. The project proposes a total of980 units with a gross density of2.4 dwelling units per acre (980 units divided by 404.3 acres) and a net density of5.8 units per acre, excluding natural open space (980 units divided by 169.5 acres). Residential densities range from 0.0 to 20 dwelling units per acre. The lowest densities (0-3. I units per acre) are located north of the San Andreas Fault and include single-family detached estate homes. Immediately south of the San Andreas Fault in the West Village area are standard detached lots (3.2-9 units per acre). Mixed Detached and Attached units (9.1-15 units per acre and 17 units per acre, respectively) are located in the interior and perimeter of the site. The highest densities (15.1-20 units per acre) are generally located in the interior portions of the West Village area around the clubhouse and in the East Village area behind Badger Hill. Four (4) acres of the highest density area (Planning Area 16) will be dedicated to CSUSB for exclusive use as faculty housing (approx. 60 units). Three subdivisions are currently proposed: Tentative Parcel Map No. 18969, Tentative Tract Map 18696 and Tentative Tract Map 18140. Significant Environmental Effects: The Draft Subsequent EIR identifies significant unavoidable adverse impacts on air quality, population/housing growth inducement/SCAG consistency, and transportation. Public Review Period: The Draft Subsequent EIR is available for public review beginning August I, 2008 and ending September 15,2008, during which time the public and interested parties are invited to comment on the Draft Subsequent ElR for the proposed project. Public comments may be sent during this time period to the following name and address: City of San Bernardino Development Services Department 300 North 0 Street, San Bernardino, CA 92418 Contact: John Oquendo, Assistant Planner or u nj\~ t;L\!llb i I b '(I, ~ h~_i L::_~~) rg See Counter Planning Staff to View Documents o ~ m " - r- m o Qo ""C o (f) -i m o The Draft Subsequent ElR is Available for Public Review at the following locations: . City of San Bernardino Development Services Department, 300 N. "D" Street. 3" Floor, San Bernardino, CA 92418. Feldheym Central Library, 555 W. 6th Street, San Bernardino, CA 92410 City of San Bernardino web site, \:.~~.b~~,QIg . . Public Meetings: The City of San Bernardino Planning Commission and the Mayor and Common Council will consider the University Hills Specific Plan and the Draft Subsequent Environmental Impact Report (EIR) at noticed public hearings. Agendas for the public meetings of the City of San Bernardino are routinely posted on the City's web page. Presence of the Site on Lists Enumerated under Section 65962.5 of the Government Code: The proposed project site is not included on any lists compiled pursuant to Section 65962.5 of the Government Code. . ~ I . . . . I I . . I I I I I , I I EXHIBIT A 6 - 8 and EXHIBIT C (Bound Document) Final Environmental Impact Repon University Hills Specific Plan City of San Bernardino 8CH #20070n155 October 22, 2008 EXHIBIT A 6. List of persons, organizations and public agencies commenting on the Draft Subsequent Environmental Impact Report (DSEIR) 7. Comments received on the DSEIR during and after the public comment period 8. Responses to comments on the DSEIR EXHIBIT C: Mitigation Monitoring and Reporting Plan IIj;NYc.";{II'q -;, .le"" .. .. .... >c,. ,'... ;':::::~~:~:;:_-_i,l...'. .1..-..1...... .'" ..............1 " , ~' ',';.., : :-"-',':2 " .. "- - " -'.. '0;_-:". '- - - . . .~ -". ;':,;' ~'. ~Iichael Brandman Associates ()21 E. Carnegie Dnve, Suire IOU SaD Bernardino. CA 92408 EXHIBIT B Environmental Findings of Fact for the Environmental Impact Report University Hills Specific Plan (State Clearinghouse # 2007071155) Prepared for: City of San Bernardino Planning Department 300 N. D Street San Bernardino, CA 92418 909.384.5080 Contact: Terri Rahhal, City Planner Prepared by: Michael Brandman Associates 621 E. Carnegie Drive, Suite 100 San Bernardino, CA 92408 909.884.2255 Contact: Kent Norton, AICP, REA, Director of Environmental Services '~II. 1;.11II-. Draft October 9, 2008 Environmentsl Findings of Fact University Hills Specific Plen E1R Introduction TABLE OF CONTENTS Section 1: Introduction ....................................................................................................... 2 1.1 - Project Description ............................................................................................2 1.2 - Background and Project History ........................................................................ 3 1.3 - Statutory and Regulatory Requirements............................................................4 1.4 - Summary of Environmental Findings.................................................................5 Section 2: Finding Regarding Impacts that are less Than Significant and, Therefore, do not Require Mitigation ............................................................................ 7 2.1 - Aesthetics, Light. and Glare............................................................................... 7 2.2 - Agricultural and Mineral Resources...................................................................7 2.3 - Recreation.. ........... ... .............. ............... ............ .............. ..... ...... ......... .............. 8 2.4 - Cumulative Impacts....... ...... ... .......... ........ .... ......... ..... ....... ....... .......... ....... ........ 8 2.5 - Summary...... ......... ..... .............. ...... .................. ........ ...... ..... ............. .......... ..... 16 Section 3: Finding Regarding Potentially Significant Effects that have been Mitigated to Below a level of Significance with the Adoption of Mitigation Measures ....................................................................................................17 3.1 - Biological Resources....................................................................................... 17 3.2 - Cultural Resources..........................................................................................18 3.3 - Geology and Soils ...........................................................................................20 3.4 - Hazards and Hazardous Materials...................................................................21 3.5 - Hydrology and Water Quality........................................................................... 22 3.6 - land use .........................................................................................................24 3.7 - Noise............................................................................................................... 25 3.8 - Public Services........ ..... ........... ........ ............................ ........ ............................ 27 3.9 - Utilities............................................................................................................. 27 3.10 - Cumulative Impacts ....................................................................................... 28 Section 4: Finding Regarding Impacts not Mitigated to Below a level of Significance30 4.1 - Air Quality........................................................................................................ 30 4.2 - Population and Housing and SCAG Consistency ............................................32 4.3 - Transportation ................................................................................................. 33 4.4 - Cumulative ..................... ........... ........... ................. ........ ........................... ....... 36 Section 5: Finding Regarding Growth Inducing, Unavoidable Adverse, and Irreversible Impacts ....................................................................................................... 39 5.1 - Growth Inducing Impacts.................................................................................39 5.2 - Irreversible Impacts.. ..... ...... .................. .................... ...... ............. ....... ............ 40 Section 6: Finding Regarding Alternatives to the Proposed Project.............................42 6.1 - No Project/No Development Alternative...........................................................43 6.2 - No Project - General Plan Development Alternative........................................ 44 6.3 - Modified SpeCific Plan Alternative.................................................................... 44 6.4 - EducationallnstitutionfTechnology Park Alternative ........................................46 6.5 - Alternative Sites ..............................................................................................46 Section 7: Statement of Overriding Considerations.......................................................SO Env'ronmen,., Findings of Fact Unlvarslty Hills Spac/ffc Plan E1R Introduction SECTION 1: INTRODUCTION This document contains the findings required under the California Environmental Quality Act (CEQA) (Public Resources Code, 9 21000, et seq.) and the State CEQA Guidelines (California Code of Regulations, Title 14,915000 et seq.), specifically CEQA Guidelines 915091, supporting the certification of the University Hills Specific Plan (UHSP) Environmental Impact Report (EIR) and approval ofthe project by the City of San Bernardino (City). 1.1 - Project Description The University Hills Specific Plan consists of 404.3 total acres, with 169.5 acres or 42 percent of the site proposed for residential and related uses, including 10.2 acres of parks and recreational uses. The project proposes a total of 980 units with a gross density of 2.4 dwelling units per acre (980 units divided by 404.3 total acres) and a net density of 5.8 units per acre, excluding natural open space (980 units divided by 169.5 acres). A tabular summary of the project components is provided in Table 3-3. A conceptual land plan for the Proposed Project is shown in Exhibit 3-5 and photographs of the site are shown in Exhibit 3-6. Residential densities range from 0.0 to 20 dwelling units per acre. The lowest densities (0-3.1 units per acre) are located north of the San Andreas Fault and include single-family detached estate homes. Immediately south of the San Andreas Fault in the West Village area are standard detached lots (3.2-9 units per acre). Mixed Detached and Attached units (9.1-15 units per acre and 17 units per acre, respectively) are located in the interior and perimeter of the site. The highest densities (15.1-20 units per acre) are generally located in the interior portions of the West Village area around the clubhouse and in the East Village area behind Badger Hill. Four (4) acres of the highest density area (Planning Area 16) will be dedicated to CSUSB for exclusive use as faculty housing (approx. 60 units). It is estimated the UHSP project will eventually support a population of 3,283 persons based upon the maximum buildout of980 units times an average 00.35 persons per unit. This household size is based on 2000 US census data and the latest City demographic factors. The UHSP contains 10.3 acres of parks including a .2.2-acre private clubhouse in the West Village area which can accommodate a pool and tennis courts and other active amenities, two O.5-acre recreational facilities in the East Village area, a 5-acre "California Walnut Grove Linear Park" along Badger Creek, and the 2. I-acre Glider Park (Planning Area I) in the northwest corner of the site which will provide a safe approach zone for the hang gliders landing at the adjacent Andy Jackson Airpark. The project has an internal pedestrian/walking trails system that connects to a multi-purpose trail consistent with the planned regional trail for this area. The Project will preserve 234.8 acres (or 58 percent of the site) as natural open space that is proposed to be used by the nearby CSUSB as a "land laboratory" called the "Akkad Preserve." The land laboratory will have minimal improvements but may include limited trails, signage, fencing, and various teaching stations. A detailed summary of the proposed land use plan for the UHSP is provided in Table 3-4, Planning Area Land Uses. Envlronmentsl Findings of F.ct UnivenJity Hills Specific Plan E1R Introduction 1.2. Background and Project History 1.2.1 . Background Pursuant to CEQA Guidelines S 15051, the City of San Bernardino is the lead agency for the University Hills Specific Plan, with primary land use authority over the Proposed Project. The City determined that the project may have significant impacts on the environment; therefore, a Draft Subsequent Environmental Impact Report (EIR) was prepared. The City issued a Notice of Preparation of a Subsequent Environmental Impact Report between August 28, 2007 through September 27,2007, inviting comments from responsible agencies, other regulatory agencies, organizations and individuals pursuant to CEQA Guidelines S 15082. In response to the Notice of Preparation (NOP), the City received written comments which assisted the City in identifying the issues and alternatives for analysis in the Draft EIR. The City also held a scoping meeting at City of San Bernardino City Hall on September 18, 2007 to inform the public and interested agencies about the project and to solicit public comments on the scope of the environmental issues to be addressed in the Draft EIR. Pursuant to the CEQA Guidelines, the City prepared a Draft EIR (State Clearinghouse No. 2007091039) to analyze the project's potential adverse environmental impacts. Upon completion of the Draft EIR dated May 16, 2008, the City initiated a 45-day public comment period from May 16, to June 30, 2008, by filing a Notice of Completion (NOC) with the State Clearinghouse for the Governor's Office of Planning and Research and publishing a Notice of Availability (NOA) for the Draft EIR in a newspaper of general circulation within the City's jurisdiction (CEQA Guidelines S 15087). Copies of the Draft EIR were distributed to state agencies through the State Clearinghouse. The NOA was sent to public agencies, organizations, and individuals and indicated where copies of the Draft EIR could be obtained, or available for review. The City made copies of the Draft EIR available for local review at the City of San Bernardino Public Library 510 E. Florida Avenue, San Bernardino, CA 92543; San Bernardino Unified School District 2350 W. Latham Ave. San Bernardino, CA 92545; City of San Bernardino Planning Dept 445 Florida Avenue San Bernardino, CA 92543. During the public review period for the Draft EIR, the City consulted with and requested comments from all responsible and trustee agencies, other regulatory agencies and other interested parties pursuant to CEQA Guidelines S 15086. During the public review period, the City received 303 written comments on the Draft EIR. The City provided written response to comments received from the commenting agencies/individuals pursuant to Public Resources Code S 21092.5. The response to comments includes the comments received on the Draft EIR, a list of those commenting, and the City's response to the significant environmental points raised in the review and consultation process. The Final EIR for the project consists of the Draft EIR (incorporated by reference), the response to comments, mitigation monitoring report program (MMRP), and changes to the Draft EIR which clarify, supplement, or update the information provided in the Draft EIR. None of the changes or supplemental information in the Final EIR Environmental Findings of Fact University Hills Specific Plan E1R Inltoducllon constitute significant new information as defined by CEQA Guidelines 9 15508.5. Therefore, CEQA does not require recirculation of the Draft EIR. In summary, the Final EIR includes the Draft EIR, Response to Comments (RTC), corrections and additions to the Draft EIR, and a Mitigation Monitoring Report Program (MMRP). 1.2.2 - Project History The project, which was formerly known as The Paradise Hills Specific Plan, was submitted to the City of San Bernardino in 1991 and approved in 1993. The City of San Bernardino General Plan and Development Code govern land use and zoning on the project site. Both of these plans identifY the project site as governed by the Paradise Hills Specific Plan. Currently, the proposed University Hills Specific Plan is not consistent with the City of San Bernardino General Plan Land Use. However, the project proposes to do a General Plan amendment, making the proposed project site consistent with the General Plan Land Use. If approved, the University Hills Specific Plan (UHSP) would replace the Paradise Hills Specific Plan relative to land use on the Proposed Project site. The approved Paradise Hills Specific Plan proposed 504 residential units on approximately 229 acres (56.7 percent) with 175 acres (43.3 percent) to remain as natural open space. The residential units were divided into areas in the "foothill" development zone (383 units on 110.6 acres or 3.5 units per acre average density) and areas in the "hillside" development zone (12 I units on 117.9 acres or I unit per acre average density). The PHSP has a gross density of 1.25 units per acre (504 units on 404 acres) and a net density of 2.2 units per acre (504 units on 229 acres - total size minus open space). Due to economic conditions, the project was never built. 1.3 - Statutory and Regulatory Requirements These findings are based upon the information in the record of proceedings, including, but not limited to, the Final ErR, staff reports, project applicant's materials, MMRP, and the testimony presented at public hearings. Section 1509 I of the CEQA Guidelines precludes the City from approving or carrying out a project for which a Draft EIR has been certified that identifies any significant environmental effects unless the City makes one or more of the following written fmding(s) for each of those significant effects accompanied by a brief explanation of the rationale for each finding: I. Changes or alterations have been required in, or incorporated into, the project which will avoid or substantially lessen the significant environmental impact as identified in the Draft EIR; or 2. Such changes or alterations are within the responsibility and jurisdiction of a public agency other than the City, and such changes have been adopted by such other agency, or can and should be adopted by such other agency; or 3. Specific economic, social, legal, or other considerations make infeasible the mitigation measures or project alternatives identified in the Draft EIR. Environmental Findings of Fact University Hills Specific Phm ElR Introduction Sections 15092 and 15093 ofthe CEQA Guidelines require that ifthe project will cause significant unavoidable adverse impacts, the City must adopt a Statement of Overriding Considerations prior to approving the project. A Statement of Overriding Considerations states that any significant adverse project effects are acceptable if expected project benefits outweigh unavoidable adverse environmental impacts. 1.4 - Summary of Environmental Findings As set forth in more detail below, the City of San Bernardino Planning Department has endeavored in good faith to set forth the basis for its decision to approve the Proposed Project. All of the findings made by the City of San Bernardino are based upon its consideration of the Final EIR and the substantial evidence within the record as a whole. Each of these environmental issues is described in Section 2 (Introduction) and in Section I (Executive Summary) of the Draft EIR. Environmental impacts identified in the Final EIR which the City of San Bernardino finds are less than significant and do not require mitigation are as follows: . Aesthetics, Light, and Glare; . Agricultural and Mineral Resources; . Mineral Resources; and . Recreation. Environmental impacts identified in the Final EIR as potentially significant, but which the City of San Bernardino fmds can be mitigated to a less than significant level through the imposition of mitigation measures and/or conditions set forth herein are as follows: . Biological Resources; . Cultural Resources; . Geology, Soils, and Seismicity; . Global Climate Change; . Hazards and Hazardous Materials; . Hydrology and Water Quality; . Land Use and Planning; . Noise; . Public Services; . Utilities. Environmental impacts identified in the Final EIR as potentially significant but which the City of San Bernardino fmds cannot be fully mitigated to a less than significant level despite the imposition of all feasible mitigation measures are as follows: . Air Quality; . Population and housing and SCAG Consistency; and . Transportation and Circulation. Environmental impacts identified in the Final EIR as cumulative, unavoidable adverse, and irreversible are described in Section 5 of this document. Environmental Findings of Fllct University Hills Specific Plan E1R Introduction Environmental impacts identified in the Final EIR as growth-inducing, unavoidable adverse, and irreversible are described in Section 6 of this document. Alternatives to the Proposed Project that might eliminate or reduce significant environmental impacts are described in Section 7 of this document. Public Resources Code ~ 2] 08 1.6 requires the City to prepare and adopt a mitigation monitoring and reporting program for any project for which mitigation measures have been imposed to assure compliance with the adopted mitigation measures. Prior to taking action to approve the project, the City of San Bernardino was presented with, heard, reviewed, and considered all of the information and data in the administrative record, including, but not limited to, the Final EIR and all oral and written testimony presented to it during meetings and hearings. The Final EIR reflects the independent judgment of the City of San Bernardino and is deemed adequate for purposes of making decisions on the merits of the project and its related actions. No comments made in the public hearings conducted by the City of San Bernardino Planning Department or any additional information submitted to the City have produced any substantial new information requiring recirculation or additional environmental review of the Draft EIR under CEQA because no new significant environmental impacts were identified, no substantial increase in the severity of any environmental impacts would occur and no feasible mitigation measures, as defmed in CEQA Guidelines Section 15088.5, were rejected. Envlronmentsl Findings of Fact University Hills $peeltlc Plan E1R Finding Regard/ng Impacts lIrat are Lass lIran Significant and, Therefore, do not Require Mitigation SECTION 2: FINDING REGARDING IMPACTS THAT ARE LESS THAN SIGNIFICANT AND, THEREFORE, DO NOT REQUIRE MITIGATION The City of San Bernardino Planning Department fmds that the following environmental impacts identified in the Draft EIR are less than significant, and as a result, mitigation is not required under CEQA. 2.1 . Aesthetics, Light, and Glare From the visual simulations, it appears most views of the site would be obstructed by Badger Hill, especially from existing residences to the southeast, and by the Kendall Hills, which will block views from the southwest including the 1-215 Freeway. Limited views of the site, especially the upper portions adjacent to the San Andreas Fault and Badger Canyon, will occur with distance from the site, including from residences across Northpark Boulevard to the southwest and from the Cal State University San Bernardino campus. The Specific Plan landscaping guidelines indicate that manufactured slopes will be replanted, but some of these slopes may be visible from locations south and southwest of the site. The upper slopes of the San Bernardino Mountains and Badger Canyon will remain as permanent open space and views of these areas will not change from present conditions. Several policies in the City of San Bernardino General Plan recognize that the project site (as the PHSP site) will be developed with residential uses. The proposed UHSP land plan increases development intensity on the alluvial fan areas but clusters or concentrates residences south of the San Andreas Fault and out of Badger Canyon. On balance, the proposed UHSP land plan appears to be equivalent or superior to the previously approved PHSP in terms of visual impacts. The project site is not visible from 1-215 or SR-18, and neither of these are designated scenic routes in the vicinity of the project site. Development of the Proposed Project would not affect views ofthe hills from 1-215 because of the intervening Kendall Hills. For these reasons, the Proposed Project will have a less than significant impact on Aesthetics Light and Glare. 2.2. Agricultural and Mineral Resources According to the Farmland Mapping and Monitoring Program (FMMP) maps prepared by the California Resources Agency, there is no designated Prime Farmland, Unique Farmland, or Farmland of Statewide Importance on the project site or adjacent areas. In addition, the site does not contain enough prime agricultural soils or other physical characteristics that would yield a significant LESA Model score. Furthermore, according to the City of San Bernardino General Plan, the project area is not designated for agricultural use, and there are no active Williamson Act contracts in place for any portion of the project area or adjacent areas. According to the California Department of Conservation's Mineral Land Classification report for the area, the project site occurs within an area that has been classified as MRZ-3. These are areas where Environmental Findings of Fact University Hills Specific Plan EIR Finding Regarrllng Impacts that 1111! Lass than Significant and. Tharafora, do not Requira Mitigation the significance of mineral deposits cannot be evaluated from available data. However, it should be noted that no mineral production currently occurs on or adjacent to the project area. Soil composition, depth-to-bedrock, and other factors make the site unattractive for sand and gravel operations. These types of operations are better suited to valley bottoms and arroyo channels, not the mountain foothills where the project is located. Other valuable mineral resource constituents are not known to occur in the project area. For these reasons, the Proposed Project will have a less than significant impact on Agriculture and Mineral Resources. 2.3 - Recreation The Proposed Project would increase the City's population and have a corresponding increase in park usage. However, the Proposed Project would provide 10.3 acres of onsite park facilities and the equivalent of 6.1 acres of in-lieu fee payments to acquire and develop additional parkland to offset its contribution to increase park usage. The City's General Plan shows the Foothills Regional Trail goes through the Proposed Project site. The University Hills Specific Plan proposes a regional trail along the extension of Campus Parkway through the site in a northwest-southeast direction to provide connections to the future planned extension of the Foothills Trail to the east and west of the project site. In addition, the project would provide non-vehicular paths, sidewalks, etc. for project residents to travel within the project and to the CSUSB campus without using personal vehicles. For these reasons, the Proposed Project will have a less than significant impact on Recreation. 2.4 - Cumulative Impacts 2.4.1 - Aesthetics, Light, and Glare The analysis area for evaluation of cumulative impacts to aesthetics resources includes views of the southwestern portion ofthe San Bernardino Mountains to the north. Views of the site from surrounding areas are somewhat limited by the Kendall Hills to the southwest and Badger Hill immediately south of the site. The slopes with elevations above 2,000 feet are readily visible from downtown San Bernardino and other locations in this portion of the San Bernardino Valley where views are not blocked to the north. Views of the site from the 1-215 Freeway are effectively blocked by the low Kendall Hills (along the north side of Kendall Drive west of University Parkway). Development of the project as proposed will not require grading above 1,900 feet elevation other than the one reservoir pad, which means no manufactured slopes will be visible at a distance away from this project. Similarly, planned structures are residential in nature and generally one to three stories in height. Since views of the site are restricted on an area-wide basis, so too would be glare from reflections off windows or direct views of night lighting such as streetlights. The project does not contain any lighted athletic fields so there will be no glare from this potential source. For these reasons, the project will not have cumulative impacts relative to views or glare. Environmental Findings of Fact University Hills Specific Plan E1R Finding Regarding Impacts tlrat are Less tlran Significant and, TIIerefore, do not Require MItigation This area is essentially vacant at present and bounded by national forest land on the north. Nighttime lighting levels are very low at present, although there is considerable spillover from night lighting at the CSUSB to the south. If the Proposed Project is built, it will contribute to an overall increase in ambient nighttime light levels referred to as "sky glow" by the International Dark Sky Association, the most prominent group that monitors this urban and suburban development impact (www .darkskies.org ). The development standards of the Specific Plan limit the installation of lighting fixtures to the degree required for public safety by police and fire personnel. In addition, lighting levels will be relatively low, in terms of urban development, since the project is all residential and will have no commercial or institutional facilities that are lighted at night (e.g., shopping center). Potential impacts would be reduced further by review of proposed lighting plans during subsequent development review of the project as specific maps or buildings are proposed. Cumulative impact analysis is guided by buildout assumptions identified in the Land Use Section of the San Bernardino General Plan. Within the City and surrounding vacant areas, approved and additional development would result in additional lighting and surfaces that will create glare. The General Plan estimates the City will grow by 23,568 units from now until buildout, which will disturb thousands of acres ofland (Table LU-3, City General Plan 2005), but a relatively small amount of this planned growth will occur in the foothills and areas surrounding the Proposed Project site. While the Proposed Project will incrementally contribute to an increase in sky glow, this area is planned for residential development and its contributions to ambient lighting levels is considered to be not cumulatively considerable. 2.4.2 - Agricultural and Mineral Resources The analysis area for evaluation of cumulative impacts to the entire City and this portion of the San Bernardino Valley. The project, when combined with other projects anticipated in the General Plan, would not result in cumulative impacts. Other projects that would occur under General Plan buildout may affect the availability of existing or historical agricultural land or areas with identified mineral resources. Future development would also be required to comply with the City of San Bernardino General Plan. Fulfillment of these requirements would ensure that no significant impacts on these specialized land uses will occur from other projects that would occur under buildout. 2.4.3 - Biological Resources The analysis area for evaluation of cumulative impacts to biological resources includes this western portion of the San Bernardino Mountains, its foothills along the southern slope of the mountains, as well as the canyons that drain these slopes, down to Cajon Creek and ultimately to the Santa Ana River southwest of the project area. The project will develop 160 acres of alluvial fan terrace area covered by chaparral with vegetation of disturbed grassland and native scrub vegetation. Some of these lands overlap critical habitat for the California gnatcatcher and San Bernardino kangaroo rat. However, neither of these species were found on the project site. Conversely, the project would preserve 235 acres of land comprising the foothills and canyons of middle and upper Badger Canyon, Environmental Findings of Fact University Hills Specific Plan E1R Rndlnll Reganllnlllmpacls that are Less than Significant and, Therefore, do not Require Mitigation which is a major drainage in this portion of the foothills. With mitigation, potential impacts to listed animal species were reduced to less than significant levels. With the preservation of Badger Creek and its feeder canyons, potential regional impacts from this project on biological resources are not considered to be cumulatively considerable. 2.4.4 - Cultural Resources The analysis area for evaluation of cumulative impacts to cultural resources includes the entire City as outlined in the San Bernardino General Plan. The project vicinity represents an area with prehistoric settlement by several Native American groups prior to Spanish and Mexican settlement, and then American settlement during the mid-nineteenth century. The project site and surrounding areas are largely vacant at present. The site appears to contain remnants of a small residential "camp" and homestead but this area will remain in permanent open space so there are no impacts in this regard. Development of the project site will contribute to the incremental loss of vacant lands that may contain cultural artifacts or resources. Potentially significant impacts were found for historic, archaeological, and paleontological resources, and for human remains, due to the possibility of encountering an unanticipated find during excavation. Mitigation measures are proposed to reduce the potentially significant impact to less than significant levels. With implementation of these mitigation measures, impacts to cultural resources would not be cumulatively considerable. 2.4.5 - Geology, Soils, and Seismicity The analysis area for evaluation of cumulative impacts to geology, soils, and seismicity includes this portion of San Bernardino County, due to the presence of several branches of the San Andreas Fault that cross the site. The various geotechnical investigations evaluated subsurface soil and groundwater conditions at the project site. The existing documents contained the results of extensive field explorations, laboratory testing, engineering analyses, and design recommendations for previous development projects at or near the project site. From these documents, geotechnical conclusions and preliminary recommendations for planning ofthe proposed development were developed. Cumulative impact analysis is guided by buildout assumptions identified in the Land Use Section of the San Bernardino General Plan. Within the City and surrounding vacant areas, approved and additional development would result in additional excavation activities and further intensification of land use that could potentially impact geology, soils, and seismicity in the area. The General Plan estimates the City will grow by 23,568 units from now until buildout, which will disturb thousands of acres ofland (Table LU-3, City General Plan 2005). Potentially significant project-level impacts were found concerning exposure of persons or structures to seismic hazards due to the presence of several faults onsite. Potentially significant impacts were also found concerning substantial erosion or loss of topsoil during site construction. The Proposed Project would develop 980 residential units in this portion of the City. The General Plan identifies areas in the City where additional growth will occur that contain various geotechnical constraints, including faults and soil erosion. However, only a small amount of this growth will occur proximate to the San Andreas Fault Zone. The City's General Plan, Development Code, development review Environmental Findings of Fact University Hills Specific Plan ElR Finding Reganting Impacts tIIat are Lea tIIan Significant and, Therefore, do not Require Mitigation process, and uniform building code all require detailed geotechnical studies for proposed development which identifY impacts and appropriate mitigation for suspected geotechnical hazards, similar to the process applied to the USHP project. Implementation of the UHSP project and future development under the General Plan, consistent with development guidelines from required geotechnical studies, will help reduce potential earth-related cumulative impacts to less than significant levels. Therefore, the Proposed Project will not make a substantial contribution to cumulatively considerable impacts relative to geology, soils, and seismicity. 2.4.6 - Hazards and Hazardous Materials The analysis area for evaluation of cumulative impacts to hazards and hazardous materials includes the University District subarea identified in the San Bernardino General Plan as well as the City as a whole. Cumulative impact analysis is guided by buildout assumptions identified in the Land Use Section of the San Bernardino General Plan. Citywide, approved and additional development will result in additional excavation activities and further intensification ofland use that could potentially impact hazards and hazardous materials in the area. Development of the City is expected to increase housing by 23,568 units from now until buildout, with some ofthat land being vacant while other lands have been developed. Development of the Proposed Project would result in an increased demand for fire protection services, resulting in the need for additional fire protection facilities and personnel to cover the Proposed Project. Potentially significant impacts were not found concerning: (I) location on a site that would create a potential hazard to the public and the environment; (2) exposure of sensitive receptors to hazardous emissions, materials, substances, or waste; or (3) impeding the implementation of or physically interfering with an adopted emergency response or evacuation plan. The Proposed Project would develop 980 residential units in an outlying vacant area, but residential development in general does not generate significant amounts of hazardous materials. Growth of industrial and to a lesser degree commercial uses in the City would generate more risk and potential impacts relative to hazardous materials on a cumulative basis. With implementation of best management practices and by following regulations, the Proposed Project would not make a substantial contribution to a cumulatively considerable impact relative to hazardous materials. 2.4.7 - Hydrology and Water Quality The analysis area for evaluation of cumulative impacts to hydrology and water quality includes the University District sub-area, identified in the San Bernardino General Plan as well as the City as a whole. The project site is currently vacant and does not consume potable water. The Preliminary Hydrology Report was prepared to present an initial analysis of the Proposed Project's effects on the local and regional drainage basin and to serve as a background for subsequent reports, such as a Stormwater Control Plan and a SWPPP, that are required during the development process. These and other subsequent documents will detail the design recommendations for the control of stormwater for the project site and be used to meet local and regional regulatory requirements. Envlronmentsl Findings of Fact University Hills Specific Plen E1R Finding Regerdlng Impects the'e", Lesa then S/gnlficent end. Therero",. do not Requl'" ""t/get/on Cumulative impact analysis is guided by buildout assumptions identified in the Land Use Section of the San Bernardino General Plan. Citywide, approved and additional development will result in additional excavation activities and further intensification ofland use, which could potentially impact hydrology and water quality in the area. The total residential units are expected to increase from 59,146 at present to 82,714 at buildout, representing an increase of 23,568 units. Potentially significant impacts were not found concerning the creation of additional impervious surface coverage and alteration of existing drainage patterns, potentially leading to downstream flooding or substantial erosion or siltation on- or off site. Potentially significant impacts were found relating to adverse impacts to water quality during construction, adverse impacts to water quality from land use activities associated with the Proposed Project, substantial depletion of groundwater supplies or substantial interference with groundwater recharge, and creation of runoff water that could exceed the capacity of existing or planned stormwater drainage systems. The Proposed Project would develop 980 residential units in this University District subarea. When taken into account with all residential and commercial buildout anticipated in the General Plan, the Proposed Project would result in a significant cumulative effect. However, the design of the project will incorporate water retention basins and bio-swales to increase infiltration of water as the new project is built. The Proposed Project would cause a net increase in potable water demand by almost a million gallons per day in relation to existing demand on the project site. The City's WSA has indicated that this demand is accounted for in their long-term water supply planning and would not require the development of additional supplies. Unfortunately, City staff indicate that reclaimed water is not and will not be available to the project area at a cost effective rate due to its elevation (i.e., too high), and there is no infrastructure in place or planned to provide reclaimed water to the project site. Even with the ongoing uncertainty of imported water for Southern California and the City's General Plan goal of using recycled water whenever practical, this impact is considered less than significant due to the design and location ofthe project relative to water and reclaimed water. Furthermore, with the design of the project and recommended mitigation measures, the EIR concluded that water-related impacts ofthe Proposed Project would be reduced to less than significant levels. Therefore, the project will not have a cumulatively considerable impact regarding hydrology and water quality. 2.4.8 - Land Use The analysis area for evaluation of cumulative impacts to land use includes the University District subarea and the City as a whole, as identified in the San Bernardino General Plan. The project site and its surroundings are vacant. The General Plan designation for the project site is Residential Low (RL) in the steeper areas and Residential Suburban (RS) in the flatter portions of the site - these designations would allow from 750 to 966 residential units to be built on the site, depending on how units were placed or clustered in hillside areas (see Section 4.8, Land Use, and 4.10, Population and Housing, for more information on potential buildout estimates). In addition, the City approved the Paradise Hills Specific Plan which would allow 504 units to be built on the site. Environmental Findings of Fact University Hills Spec/I/c Plan EIR Finding R_rc/Ing Impacts tIIa'lII'8 Less than Significant and. Th.....rore. do not Require "'/ligation Cumulative impact analysis is guided by buildout assumptions identified in the Land Use Section of the San Bernardino General Plan. Within the City, approved and additional residential and commercial development will result in additional excavation activities and further intensification of land use. Total residential units will increase from 59,146 units at present to 82,714 units at buildout. The University Hills project would increase the intensity of development on the project site by 95 percent compared to the PHSP (980 vs. 504 units). However, it is estimated that approximately 750 to 966 units could be built on the UHSP project site under the RL and RS designations of the General Plan, depending on how units were actually clustered in hillside areas. Development under the UHSP would represent an increase of 1.5 to 31 percent over that allowed under the Genera Plan. Section 4.10, Population and Housing, of the EIR concluded that the Project would have significant population and housing impacts because it was not consistent with SCAG growth projections, however, it does not appear the Project would make significant contributions to cumulative land use impacts related to growth. The project will intensifY the land use designated by the General Plan by up to 31 percent. When combined with other projects anticipated in the General Plan, it is not anticipated that this potential amount of change would result in cumulatively considerable land use impacts. Other projects that would occur under General Plan buildout would not physically divide an established community, and they would be required to demonstrate compatibility with surrounding land uses and comply with the City of San Bernardino General Plan and Development Code. Fulfillment of these requirements would ensure that no significant impacts on land use occur from other projects that would occur under buildout. 2.4.9 - Noise The analysis area for evaluation of cumulative noise impacts encompasses the ambient noise environment around the project site as well as roadways that would experience increases in traffic volumes from project-generated trips. The cumulative noise impact analysis is guided by evaluating increases in ambient noise levels in the project vicinity relative to existing conditions. Construction noise would result in temporary increases in ambient noise levels, and mitigation is proposed that would require implementation of noise control measures during construction activities. Because construction would be temporary, ambient noise levels would not experience a permanent increase and, therefore, no cumulatively considerable increase would occur. The Proposed Project would result in construction and operational vibration. Construction and operational vibration would not exceed significance thresholds at the nearest land uses (the residences south of Planning Areas 18 and 20 off of North I Street) and, therefore, would not be cumulative considerable. Project residential units would not be exposed to substantial vibration from vehicular activities due to the nature of the project (Le., suburban residential). Therefore, project residents would not be exposed to significant sources of vibration or noise, and impacts would not be cumulatively considerable. Vehicular trips generated by the Proposed Project would not cause ambient noise levels along any affected roadway segments to exceed acceptable noise standards under opening year or buildout conditions. Therefore, the Proposed Project would not have a cumulative considerable impact related to increased ambient Environmeny' Findings of Fact University Hills Sp<K:lllc Plen E1R Finding R.~rr/lng Impacts Met ere Less Men Slgnlllcont end, Therefore, do not Require Mltlgetlon noise levels on nearby roadways. Onsite noise associated with the Proposed Project would not result in ambient noise levels increasing to unacceptable levels at any surrounding land uses. Therefore, the Proposed Project would not have a cumulative considerable impact related to increased ambient noise levels at surrounding land uses. Onsite noise associated with the Proposed Project may expose project residents to unacceptable levels. Mitigation is proposed that would require the installation of various structural noise attenuation measures to ensure that interior residential noise levels are within acceptable standards to reduce impacts to a less than significant level. Therefore, the Proposed Project would not have a cumulative considerable impact related to exposure of project residents to unacceptable noise levels. In summary, the Proposed Project would not result in increases in ambient noise that would be cumulatively considerable. According to the City of San Bernardino General Plan Environmental Impact Report (2005 EIR), noise impacts would be significant after buildout until the San Bernardino Airport Master Plan has been adopted by the San Bernardino International Airport Authority (SBlAA) and corresponding noise contours have been established the extent of impact to parkland near the airport cannot be determined. Parkland is designated as a sensitive use in the General Plan and should the noise contour exceed the limitations established by the General Plan no foreseeable mitigation could be accomplished if the park were to remain in use. Under those circumstances, the impact would be considered a significant adverse and unavoidable impact. The proposed UHSP is approximately 7.5 miles from the San Bernardino International Airport and is therefore outside the five (5) mile noise contour and will not impacted be impacted. 2.4.10 - Population and Housing The analysis area for evaluation of cumulative impacts to population and housing encompasses the SANBAG area and the entire Southern California region as monitored by SCAG. Cumulative impact analysis is guided by the population growth assumptions included in the City of San Bernardino General Plan and SANBAG's projections. The City of San Bernardino General Plan anticipates significant growth in San Bernardino between 2005 and 2030. The California Department of Finance estimated San Bernardino's population to be 200,280 in 2005. The General Plan projected a five-year increment for the City's population; the projected 2007 population for the City is 205,010. According to SCAG the City's population for the year 2010 will be 207,021. The average annual increase in the City's population is 1.5 percent. The average annual increasein the City's 2007 population in combination with a 1.5 percent annual increase would make the total population 214,466 by the year 20 I O. The Proposed Project is anticipated to open in 20 I O. SCAG anticipates that the City's population would be 207,021 persons that year, indicating that actual growth has occurred at a much lower rate than anticipated. The Proposed Project's residential uses would directly add an estimated 3,283 residents to the City's population over approximately a 5-year period or through 2015. The Proposed Project would not create substantial new employment opportunities because this is a residential project. Environmental Findings of Fact University Hilla Specific Plan E/R Finding Regatdlnglm".cts lIrat al'8 Lass lIran Significant and, T118I'8fbra, c/o not Raqull'8 Mltigal/on For the purposes of providing a worst-case scenario analysis, it is assumed that all of the 3,283 new residents of the project would also be new residents to the City. SANBAG's forecast for population growth in San Bernardino is the same as that contained in the General Plan. Based on the existing population (205,010) and accounting for expected population growth between 2010 and 2015 (1.5 percent annually), the City's estimated population in 2010 without the Proposed Project would be 207,021 residents. The addition of the 3,283 new residents associated with the Proposed Project would bring the population to 210,304, exceeding the City and SCAG's 2010 population projection of 207,021 persons by two (2) percent. With the addition of population growth induced by the Proposed Project, the City's 2015 population is estimated to be 212,143 persons, which would slightly exceed the SANBAG's 2015 projection (208,860) by two (2) percent. Although the slight addition of population from the proposed project is projected to exceed SANBAG's 2010 projections by two (2) percent, the Proposed Project would not represent a cumulatively considerable growth-inducing impact relative to population and housing. 2.4.11 - Public Services and Recreation The analysis area for evaluation of cumulative impacts to public services and recreation includes the entire City of San Bernardino. The City of San Bernardino Parks and Community Services Department owns and maintains 52 park sites totaling 540 acres. Of these sites, 10 are dedicated community parks, 19 are neighborhood parks, 3 are special use parks, and 17 are pocket or mini- parks. Cumulative impact analysis is guided by buildout assumptions identified in the Land Use Section of the San Bernardino General Plan. Within the subareas that constitute the City, approved and additional residential and commercial development will result in a further intensification of land use and continue to place demands on public services and recreation resources compared with existing conditions. Within the City, residential development will increase the housing stock from 59,146 units to 82,714 units (+72 percent), and substantial development will also occur in the Sphere of Influence area (a total of95,664 units at buildout [Table LU-3, CSB General Plan 2005]). Among public services and recreation resources, potentially significant impacts were found only for fire protection and emergency medical services, and trails. Potentially significant impacts were found regarding fire protection and emergency medical services that were due to the location of the project relative to existing police and fire facilities. Other projects that would occur under buildout could include mixed use projects with multistory buildings and both residential and commercial uses combined. Therefore, when considered with other projects associated with buildout, the Proposed Project would result in cumulative impacts for fire protection and emergency medical services. Since impacts for these resources are potentially significant for the Proposed Project separately, there would be a cumulatively considerable impact regarding fire protection and emergency medical services. However, the same types of mitigations that would reduce these project specific impacts to less than significant would be developed for other projects associated with buildout (Le., dedication of sites for new police and fire facilities). After mitigation, therefore, no cumulatively considerable impacts to fire protection and emergency medical services would occur. An incremental increase in impacts to Environmental Findings of Fact University Hills Spec;"e Plan EIR Finding Regarding Impacts that are Less than S;gnll/cant and, Therefore, do not Require Mitigation local and regional trails was also found associated with increased numbers of residents and trail users in outlying areas. Other projects that would occur during buildout would also increase numbers of residents and new employees and create additional use of the Foothill Trail and other trails beyond that anticipated for the Proposed Project. The project is installing the section of trail within its boundaries, so the Proposed Project is not expected to result in cumulative impacts to trails. 2.4.12 - Utilities The project, when combined with other projects anticipated in the General Plan, would not result in cumulative impacts. However, other projects that would occur under General Plan buildout may increase the amount of energy consumed by the City. Other projects in the planning area would be required to provide adequate assessment of local and regional energy facilities to conclude the future project would not significantly increase demands on energy consumption. Furthermore, future development would be required to comply with the City of San Bernardino General Plan. Therefore, because increased consumption of energy by the Proposed Project and other developments in the City have to comply with the City's General Plan, or are already anticipated by local or regional energy facilities, the cumulative energy impacts of the Proposed Project would be less than significant. A detailed discussion of impacts and mitigation measure can be found in Section 4.14, Ulility Systems. 2.5 - Summary Regional growth may eventually result in a number of cumulatively considerable impacts, including traffic and air quality. However, the Proposed Project will not make significant contribution to any of these cumulatively considerable impacts either during construction or from use of the planned improvements. Envlronm8lltal Findings of Fact University Hills Specific Plan EIR Finding Regarding Potentially Significant Effects tlrat hava _ Mlllgalad 10 Balow a Laval of Significance with tire Adoption of Mitigation Measures SECTION 3: FINDING REGARDING POTENTIALLY SIGNIFICANT EFFECTS THAT HAVE BEEN MITIGATED TO BELOW A LEVEL OF SIGNIFICANCE WITH THE ADOPTION OF MITIGATION MEASURES The City of San Bernardino Planning Department fmds that the following enviromnental impacts identified in the Final EIR are potentially significant but can be mitigated to a less than significant level through the imposition of mitigation measures and/or conditions identified in the Final EIR and summarized below. 3.1 - Biological Resources 3.1.1 - Potentially Significantlmpact Implementation of the project has the potential to adversely impact Plummer's mariposa lily, burrowing owl, nesting birds, and jurisdictional land. 3.1.2 - Finding With consideration of the above information and the implementation of mitigation measures BIO-Ia through BIO-Ic, and BIO-3a, the project's impacts to biological resources are found to be less than significant. 3.1.3 - Facts in Support of Finding The project-specific enviromnentaI effects will be eliminated or substantially lessened to less than significant levels by implementation of the following mitigation measures, as identified in the Final EIR: MM B10-18 MM B10-1b Plummer's Marisposa Lily. During the spring prior to grading, the developer shall retain a qualified biologist to conduct a focused survey of the proposed development areas to determine ifthis species is present onsite. The survey shall be conducted according to the standard protocol established by CDFG. If the species is present, the developer shall fund relocation of the plants to a suitable location within the permanent open space area. Burrowing Owl. Within 30 days of grading or any ground disturbance activities on the project site, a qualified biologist shall conduct a focused survey to determine if burrowing owls are present onsite. The survey shall be conducted according to the standard protocol established by CDFG. If burrowing owls are determined to be present on the site, mitigation shall follow the CDFG guidelines including passive relocation. If vegetation removal or ground disturbance begins within 30 days of the focused survey, no pre-construction survey would be required. If vegetation removal or ground disturbance activities begin after 30 days of the focused survey, a subsequent pre-construction survey would be required. Environmental Flndlllf1s of FIICt University Hills Specific Plan ElR Finding Regarding Potentially Significant Effects that hava been MItIIJllIfK/ to Below a Level of Significance with tha Adoption of Mitigation M..sures MM 810-1c MM-BIO-3a Nesting Birds. If trees or large shrubs (over 4 feet in heigbt) will be removed during the nesting season (February I througb August 31), a qualified biologist shall conduct a nesting bird survey no more than 30 days prior to any disturbance to identify any potential nesting activity. If passerine birds are found to be nesting, or there is evidence of nesting behavior within 250 feet of the impact area, the biologist shall determine an appropriate buffer that shall be required around the nests. No vegetation removal or ground disturbance would occur within this buffer. For raptor species-birds of prey (e.g., hawks and owls }--this buffer would generally be 500 feet. A qualified biologist shall monitor the nests closely until it is determined that the nests are no longer active, at which time construction activities may commence within the buffer area. Construction activity may encroach into the buffer area at the discretion of the biological monitor. Jurisdictional Land. Prior to grading, the developer shall obtain a Clean Water Act Section 404 Permit from USACE, a Clean Water Act Section 401 Certification from the RWQCB (Santa Ana Region), and a Streambed Alteration Agreement from CDFG if jurisdictional land will be impacted. Offsite mitigation, if necessary, shall be provided at a minimum I: I ratio depending on location and importance of the jurisdictional land removed. If the project provides onsite mitigation equal or in excess of its identified impact (i.e., removal of jurisdictional land), no permits may be necessary. This determination shall be made by qualified biologists in consultation with City Planning, USACE, and CDFG staff based on the final land plan and value assigned to the proposed bio-swales and other drainage improvements onsite. 3.2 - Cultural Resources 3.2.1 - Potentially Significant Impact Implementation of the project has the potential to adversely impact unidentified cultural, archaeological, paleontological resources. 3.2.2 - Finding With consideration of the above information and the implementation of mitigation measures CUL-I througb CUL-4, the project's impacts to cultural resources are found to be less than significant. 3.2.3. Facts in Support of Finding The project-specific environmental effects will be eliminated or substantially lessened to less than significant levels by implementation of the following mitigation measures, as identified in the Final EIR: MM CUL-1 The developer shall retain a qualified historian to survey the building remnants between Planning Areas 18 and 20 to determine if they have any historical significance prior to excavation ofthe site. Due to their condition, they could not be environmental Findings of Fact University Hills Specific Plan ElR F1ncJ/ng ROfI"nJIng PolenlJ."y Significant Effects that have been lI/ligaNd to Below. Level of Slgnlffcance with the Adoption of IIltJgelJon lleesUf8S MM CUL-2 MM CUL-3 preserved or protected in place even if it is determined they had historical significance. Ifthey are determined to be significant, the developer shall retain a qualified historian to document the resource characteristics for archival purposes prior to demolition. The historian will prepare a report and submit it to the appropriate information center for their records. The developer shall retain a qualified archaeologist to monitor grading to the satisfaction of the staffs of the County Museum and City Development Services Department. If potentially significant archaeological or historic resources are encountered during subsurface activities, all construction within a 100-foot radius of the find shall cease until the monitor determines whether the resource requires further study. The developer shall include a standard inadvertent discovery clause in every construction contract to inform contractors of this requirement. Any previously undiscovered resources found during construction shall be recorded on appropriate DPR forms and evaluated for significance in terms of CEQA criteria by a qualified archaeologist. Potentially significant cultural resources consist of, but are not limited to, glass, ceramics, stone, bone, wood, rock and shell artifacts or features, including hearths, structural remains, or pre-historic dumpsites. If the resource is determined to be significant under CEQA, a qualified archaeologist shall prepare and implement a research design and archaeological data recovery plan, if necessary. The archaeologist shall also perform appropriate technical analyses, prepare a full written report and file it with the appropriate information center, and provide for permanent curation of the recovered resources. Prior to the start of excavation, a qualified paleontological monitor will be retained to conduct an onsite monitoring program to ensure protection of previously unknown paleontological specimens. In the event a fossil is discovered during construction of the Proposed Project when the paleontological monitor is not present, excavation within 100 feet of the find shall be temporarily halted until the discovery is examined by a qualified paleontologist, in accordance with Society of Vertebrate Paleontology standards. The developer shall include a standard inadvertent discovery clause in every construction contract to inform contractors of this requirement. The paleontologist shall notifY the City ofthe procedures that must be followed before construction is allowed to resume at the location of the find. If the find is determined to be significant and the Paleontologist determines that avoidance is not feasible, the paleontologist shall design and carry out a data recovery plan consistent with the Society of Vertebrate Paleontology standards. The plan shall be submitted to the City for review and approval. Upon approval, the plan shall be incorporated into the project. The Paleontologist shall also perform appropriate technical analyses, prepare a full written report and file it with the appropriate information center, and provide for permanent curation of any recovered resources. EnvilOnmentsl Findings of Fact University Hills Specific Plan E1R Finding Regarding Polenl/atty SllIn//lcant Etrects that have been MItigated to Below a Level of Significance with the Adopl/on of MIl/gal/on Measures MM CUL-4 If human remains are encountered during earth-disturbing activities for the Proposed Project, all work within 100 feet of the find shall stop immediately and the San Bernardino County Coroner's office shall be notified. If the Coroner determines the remains are Native American in origin, the NAHC will be notified and, in turn, will notifY the person determined to be the Most Likely Descendent (MLD). The MLD will provide recommendations for treatment of the remains (CEQA Guidelines S ] 5064.5; Health and Safety Code S 7050.5; Public Resources Code SS 5097.94 and 5097.98). 3.3 - Geology and Soils 3.3.1 - Potentially Significant Impact Because the project is located in a seismically active region, the impacts in regard to geology and soil are considered potentially significant. California has stringent permitting and building design standards designed to minimize the adverse impacts in the event of an earthquake. However, the Project may be damaged by seiche flows, soil erosion or topsoil loss, unstable geologic units, and expansive soils. 3.3.2 - Finding With consideration of the above information and the implementation of mitigation measure GEO-I a, GEO-I b, GEO-3a, and GEO-3b, the project's impacts to Geology and Soils are found to be less than significant. 3.3.3 - Facts in Support of Finding The project-specific environmental effects will be eliminated or substantially lessened to less than significant levels by implementation of the following mitigation measures, as identified in the Final EIR: MM GEO-1a Prior to the recordation of any map in the area north of the South Branch of the San Andreas Fault (Planning Area 15), detailed geologic investigations shall be prepared to determine slope stability, landslide limits, and specific structural and grading requirements to identifY the most appropriate design and construction requirements for specific building foundations. This study must demonstrate that any residences to be built in this area will not be subject to landslides, or that risks associated with any landslide features or conditions can be alleviated or reduced to a level equivalent to that of other residential planning areas in the project. This measure shall be implemented to the satisfaction of the City Planner in consultation with the City Geologist or qualified geotechnical personnel retained by the City. MM GEO-1 b Prior to the recordation of any tract map in the area north of the South Branch of the San Andreas Fault (Planning Area 15), the developer must demonstrate that the reservoir in Planning Area 22 will have no impact on any homes in Planning Area 15 Envlronmentsl Findings of Filet University Hills Specific Plan EJR Finding R_rdtng Potenllally Significant Effects that have been M/IIgated 10 Below a Level of Significance with the Adopllon of Mltlgetion MUSU185 MM GEO-3a MM GEO-3b from a seiche event that could occur from strong seismic ground shaking. The reservoir must be designed to withstand anticipated seismic shaking, and must be dyked or otherwise protected so as to protect downstream homes from seiche flow damage. Prior to the commencement of grading activities, the applicant shall retain a qualified geotechnical consultant to test any areas planned for development that are underlain by existing imported fill soils to determine their in situ compaction and suitability for excavation and reuse as engineered fill. Soil testing can be avoided if the applicant elects to remove the fill and place it either in areas where it will not support buildings, be located in paved or landscaped areas, or be disposed of offsite. This measure shall be implemented to the satisfaction of the City Geologist. The developer shall implement the grading recommendations identified in the GeoMat 2007 and the cm 2006 reports. Prior to the commencement of building construction, the applicant shall retain a qualified engineer to design foundations adequate to support the Proposed Project's structures where necessary, based on the recommendations of the GeoMat 2007 study. Settlement analysis shall be performed once the structural design loads and foundation system geometry have been defined for each building. 3.4 - Hazards and Hazardous Materials 3.4.1 - Potentially Significant Impact The drainage protection and planned improvements of the project do not rely on any USFS facilities or improvements to protect the site. In addition, a post-disaster recovery plan will be incorporated into the Specific Plan and the following mitigation measure is being added to address this concern raised by the City Planning Commission. 3.4.2 - Finding With consideration of the above information and the implementation of mitigation measure HAZ-l, the project's impacts to hazards and hazardous material are found to be less than significant. 3.4.3 - Facts in Support of Finding The project-specific environmental effects will be eliminated or substantially lessened to less than significant levels by implementation of the following mitigation measures, as identified in the Final EIR: MM HAZ-1 Prior to issuance of occupancy permits, the developer shall prepare a Post-Fire/Flood Recovery Plan for review and approval by the City. As appropriate, this plan shall incorporate planning guidelines from the Alluvial Fan Task Force (AFTF) established by the California Department of Water Resources (DWR). The plan will Envlronmentsl Findings of Fllct Unlv8ISity Hills Specific Plan E1R Finding Ragardlng PONnl/ally Significant etrects /lrat have _ ,,/ligated to Below a Level of Significance wl/lr /Ire Adapl/on of "II/gal/on ....sures identify the potential risks to project residents from various natural hazards from being located in the fire-prone foothills and adjacent to a large natural waterway (Badger Creek). The plan will outline measures to be implemented after major fires or floods that will help protect future project residents to the degree practical. When approved, this plan shall be incorporated into the Specific Plan. 3.5 - Hydrology and Water Quality 3.5.1 - Potentially Significant Impact Implementation of the project has the potential to adversely impact water quality and groundwater. Mitigation is required to offset any impacts to waters quality and groundwater. 3.5.2 - Finding With consideration of the above information and the implementation of mitigation measures HYD-I a, HYD-I b, HYD-2a, HYD-2b, and HYD-5, the project's impacts to water quality and groundwater are found to be less than significant after mitigation. 3.5.3 - Facts in Support of Finding The project-specific environmental effects will be eliminated or substantially lessened to a less than significant level by implementation of the following mitigation measures, as identified in the Final EIR: MM HYD-1a Prior to the issuance of grading permits for any portion or phase of the project, the project applicant shall receive City approval SWPPP and Grading Plan to the City of San Bernardino that identifY specific actions and BMPs to prevent stormwater pollution from construction sources. These BMPs shall be consistent with the Conceptual Water Quality Management Plan prepared for the project by PBS&J Engineers (see DEIR Appendix G). The plans shall identifY a practical sequence for site restoration, BMP implementation, contingency measures, responsible parties, and agency contacts. The applicant shall include conditions in construction contracts requiring the plans to be implemented and shall have the ability to enforce the requirement through filles and other penalties. The plans shall incorporate control measures in the following categories: . Soil stabilization practices; . Dewatering practices (if necessary); . Sediment and runoff control practices; . Monitoring protocols; and . Waste management and disposal control practices. Once approved by the City, the applicant's contractor shall be responsible throughout the duration of the project for installing, constructing, inspecting, and maintaining the control measures included in the SWPPP and Grading Plan. Environmental Findings of Fact University Hills Specific Plan ElR Finding Regarding Potentjally Slgnlllcent Effects thllt have been Alltjgeted to 8e1_ a Level of Slgnlllcance with the Adoptjon of Allt/getjon AleesurtS MM HYD-1b MM HYD-2a Each SWPPP shall identifY pollutant sources that could affect the quality of stonnwater discharges from the construction site. Control practices shall include those that effectively treat target pollutants in stonnwater discharges anticipated from project construction sites. To protect receiving water quality, the SWPPP shall include, but is not limited to, the following elements: . Temporary erosion control measures (such as fiber rolls, staked straw bales, detention basins, temporary inlet protection, check dams, geofabric, sandbag dikes, and temporary revegetation or other ground cover) shall be employed for disturbed areas. . No disturbed surfaces will be left without erosion control measures in place during the winter and spring months (September 30 - March 30). . Sediment shall be retained onsite by a system of sediment basins, traps, or other appropriate measures. Of critical importance is the protection of existing catch basins that eventually drain to Cajon Creek. . The construction contractor shall prepare Standard Operating Procedures for the handling of hazardous materials on the construction site to eliminate or reduce discharge of materials to stonn drains. . BMPs perfonnance and effectiveness shall be detennined either by visual means where applicable (i.e., observation ofabove-nonnal sediment release), or by actual water sampling in cases where verification of contaminant reduction or elimination, (inadvertent petroleum release) is required to detennine adequacy of the measure. . Native grasses or other appropriate vegetative cover shall be established on the construction site as soon as possible after disturbance. Landscaping Management Plan. The developer shall develop and implement a Landscaping Management Plan (LMP) for landscaped areas with the goal of reducing potential discharge of herbicides, pesticides, fertilizers, and other contaminants to local waterways. All contractors involved in project-related landscaping conducted during the individual phases of development, as well as maintenance of landscaping following project completion, shall complete their work in strict compliance with the LMP. The applicant shall be responsible for ensuring that requirements of the LMP are provided to and instituted by future project land owners and managers following project completion. The LMP shall be prepared by a licensed landscape architecture fmn with experience in methods to reduce or eliminate the use of landscape chemicals that could cause adverse effects to the environment. At a minimum, this LMP shall: Environmental Findings of Fact University Hills Spf>Clfic Plen EIR Finding RegenJIng Potentially Significant Effects th., have been Mitigated to Below a Level of Significance with the Adoption of Mlllgallon Measures MM HYD-2b MM HYD-5 I. Require that pesticides and fertilizers not be applied in excessive quantities, and only applied at times when rain is not expected for at least 2 weeks, in an effort to minimize leaching and runoff into the storm drainage system. 2. Encourage the use of organic fertilizers and mulching of landscaped areas to inhibit weed growth and reduce water demands. 3. Utilize native, perennial, drought-tolerant vegetation to minimize irrigation needs. 4. SpecifY the maintenance measures to be used (e.g., mowing) and will specifY an application schedule for all fertilizer amendments and pesticide applications. 5. IdentifY a list of preferred herbicides and pesticides and instances in which their use would be appropriate and the associated application rate. Water Quality Maintenance Reports. The UHSP project shall form a Landscaping and Lighting Maintenance District (LLMD) to monitor water quality and provide regular reports to the City regarding water quality on the project site. A qualified professional shall be retained through the LLMD to prepare and provide annual documentation to the City Engineer that the onsite BMPs (Le., water quality devices, improvements, and procedures) are functioning as planned to effectively protect water quality both onsite and on downstream uses/drainages. This includes the function and condition of bioswales, street sweeping, etc. These reports shall be made to the satisfaction of the City Engineer in consultation with the R WQCB if necessary. If a report indicates water quality objectives are not being met and/or the R WQCB has expressed concerns in this regard, the LLMD will take appropriate steps and/or make appropriate improvements to achieve these objectives, to the satisfaction of the City Engineer. Prior to approval of any final maps, the developer shall submit drainage plans to the City Public Works Department for review and approval. The City shall review and approve all storm drain improvement plans prior to issuance of any encroachment or building permits that involve flood control facilities. 3.6 - Land use 3.6.1 - Potentially Significant Impact Planning Area 24, which is the only planning area adjacent to USFS land, is proposed as permanent open space that will be a "land laboratory" for the California State University San Bernardino (CSUSB) campus. The Project developer is requested to work with the City and United States Forestry Service staff to install signage at appropriate locations clearly identifYing the USFS Environmental Findings of Fact University Hills Specific Plan EIR Find/nil Regard/nil Potent/ally Significant Elrects thlll have been MItigated 10 Below a Lavel of Sillniflcance with the Adopt/on of MItigation Measures boundary adjacent to the Proposed Project site, especially where any fire road or trails enter USFS property ITom the University Hills site. 3.6.2 - Finding With consideration of the above information and the implementation of mitigation measure LU-I, the project's impacts to hazards and hazardous material are found to be less than significant. 3.6.3 - Facts in Support of Finding The project-specific environmental effects will be eliminated or substantially lessened to less than significant levels by implementation of the following mitigation measures, as identified in the Final EIR: MMLU-1 Prior to issuance of any occupancy permits, the developer shall coordinate with City, CSUSB, and USFS staffs to identifY necessary access points and appropriate locations for such signage to clearly identifY the USFS boundary along the perimeter of the University Hills property (i.e., Planning Area 24). Such signage will be placed at strategic locations, including any road or trail access points, to the satisfaction of the City in consultation with CSUSB and USFS staffs. 3.7 - Noise 3.7.1 - Potentially Significantlmpact Implementation of the project has the potential to adversely impact sensitive receptors from short- term construction activities and temporary or periodic increase in ambient noise levels. Mitigation is required to offset any impacts to noise and sensitive receptors. 3.7.2 - Finding With consideration of the above information and the implementation of mitigation measures NOI- I through NOI-I i, the project's impacts to noise are found to be less than significant. 3.7.3 - Facts in Support of Finding The project-specific environmental effects will be eliminated or substantially lessened to a less than significant level by implementation of the following mitigation measures, as identified in the Final EIR: MM NOI-1a MM NOI-1b At the time the grading permit application is submitted, the project applicant shall submit a Construction Noise Mitigation Plan to the City for review and approval. The plan shall depict the location of staging areas for construction equipment and describe how noise would be mitigated for any nearby sensitive receptors.. Stationary noise-generating equipment (such as pumps and generators) will be located as far as possible from nearby noise-sensitive receptors (Le., homes south of Environmental Findings of Fact University Hills Specific Plan ElR Finding Regarding Potanllally Significant Effects that have been Mlllgated to Below a Level of Significance with the Adoption of Mitigation Measures MM NOI-1c MM NOI-1d MM NOI-1e MM NOI-1f MM NOI-1g MM NOI-1h MMNOI-1i PA 16-20) and no closer than 200 feet from any existing home within the Proposed Project site once occupancy has begun. Noise-generating equipment will be shielded from nearby noise-sensitive receptors by noise-attenuating buffers such as structures or haul truck trailers. Onsite noise sources located less than 600 feet from noise-sensitive receptors will be equipped with noise-reducing engine housings. Portable acoustic barriers able to attenuate at least 6 dB will be placed around noise- generating equipment in the "East Village" portion of the project site. Water tanks and equipment storage, staging, and warm-up areas will be located as far from noise-sensitive receptors as possible, and at least 200 feet from any existing home within the Proposed Project site once occupancy has begun. All construction equipment shall utilize noise reduction features (e.g., mufflers and engine shrouds) that are no less effective than those originally installed by the manufacturer. No construction equipment shall be allowed to idle for more than 5 minutes if it is within 100 feet of an existing house. Prior to approval of any subsequent tentative tract maps, the developer shall submit noise studies as appropriate for any residences within the project to assure that exterior and interior noise levels meet City noise standards based on actual fmal floor elevations, actual roadway cross sections and elevations, onsite topography after grading, etc. Walls or other attenuating improvements shall be installed as needed based on the results of these studies to assure onsite residences meet the City's noise regulations. Environmental Findings of Fact University Hills Specific Plan E1R Finding R_rding Potentially Significant Effects that have _ lIitigated to Below a Level of Significance witfl the Adoption of /IIIitigation Measuf8S 3.8 - Public Services 3.8.1 - Potentially Significant Impact Implementation of the project has the potential to adversely impact libraJ)' services. Mitigation is required to offset any impacts to library services. 3.8.2 - Finding With consideration of the above information and the implementation of mitigation PSR-4a and PSR- 4b, the project's impacts to library services are found to be less than significant. 3.8.3 - Facts in Support of Finding The project-specific environmental effects will be eliminated or substantially lessened to a less than significant level by implementation of the following mitigation measures, as identified in the Final ElK MM PSR-4a Prior to issuance of the first building permit for the project, the developer shall contact the City LibraJ)' Director in writing and offer to provide up 2,000 square feet of building space in the clubhouse (plus parking), for a future satellite libraJ)' facility. The developer shall provide the City Planning Department with written confirmation whether or not the Library Director chooses to locate a library facility on the Specific Plan property, based on the needs of the Department at that time relative to staffmg and facilities. MM PSR-4b Prior to issuance of the first building permtt for the project, the developer shall demonstrate that the project can be connected via the internet to City library and other information technology systems. This may involve wireless or hard-wired connections, depending on the City's requirements at the time of hookup. 3.9 - Utilities 3.9.1 - Potentially Significant Impact Implementation of the project has the potential to adversely impact solid waste capacity. Mitigation is required to offset any impacts to solid waste capacity. 3.9.2 - Finding With consideration of the above information and the implementation of mitigation measures US-4a and US-4b, the project's impacts to solid wast are found to be less than significant. 3.9.3 - Facts in Support of Finding The project-specific environmental effects will be eliminated or substantially lessened to a less than significant level by implementation of the following mitigation measures, as identified in the Final EIR: Environmental Findings of Fact University HillS Specific Plen EJR Finding R_rrtlng Polenlle/ty Significant EfI'ecIs that have been Mitigated to Below. Level of SignfIcance with the Adopllon of MII/gellon MeesuntS MM US-4e MM US-4b Prior to the issuance of building permits, the applicant shall submit a Construction Debris Recycling Plan to the City of San Bernardino identifYing the procedures by which construction and demolition would be salvaged and recycled to the maximum extent feasible. The plan shall include proof that a construction and demolition debris recycler is under contract to the applicant to perform this work. This Plan shall achieve at least a 50 percent reduction in construction waste, to the satisfaction of the City Planner. Prior to the issuance of occupancy permits, the developer shall provide the City with written assurance that all project residents will be provided with information on City and County waste reduction and disposal activities. This information may be provided by the developer or home owners association (HOA) as appropriate. This measure shall be implemented to the satisfaction ofthe City Planner. 3.10 - Cumulative Impacts Potentially Significant Impact The Proposed Project may have the potential to have cumulative impacts within three (3) miles of the project site. Finding With consideration of the above information, implementation of project specific mitigation measures was found to reduce impacts from the cumulative projects to less than significant levels. Therefore, no additional mitigation is needed other than project level mitigation measures. Facts in Support of Finding The project-specific environmental effects will be eliminated or substantially lessened to a less than significant level by implementation of the following mitigation measures, as identified in the Final EIR: 3.10.1 - Global Climate Change Potentially Significant Impact The Project may have potential impact to contribute to global green house gasses and global climate change. Finding With consideration of the above information and the implementation of mitigation measure AlR-9a and AIR-9b, the project's direct or indirect contribution to greenhouse gas emissions will be reduced to less than significant levels. EnvlronmentBl Findings of Fact University Hills Specific Plen ElR Finding Regertllng Potentielly Slgnificent Effects the! have been Mitigated to Be/owe Level of Significance with the Adoption of Mitigation Meesures Facts in Support of Finding The project-specific environmental effects will be eliminated or substantially lessened to less than significant levels by implementation of the following mitigation measures, as identified in the Final EIR: MM AIR-9a MM AIR-9b Areas and/or facilities to encourage recycling shall be provided and installed in all MDA and A (attached) residential areas (Planning Areas 5, 6, 8-11,13, 14, 16, '8, and 20) and in the clubhouse (Planning Area 7) consistent with City requirements. To increase energy efficiency, the following measures shall be implemented to the satisfaction of the City of San Bernardino: a) there shall be a minimum 10 percent reduction in all buildings, combined space heating, cooling, and water heating energy compared to the current Title 24 Standards; b) the project shall incorporate light roof colors and cool pavements in the residential driveway areas; c) each appliance (i,e" washer/dryers, refrigerators, stoves, etc.) provided by the builder must be Energy Star qualified if an Energy Star designation is applicable for that appliance; d) low-flow appliances (i,e., toilets, dishwashers, shower heads, washing machines) shall be installed and; e) solar powered water heaters and photovoltaic cells (solar panels) shall be offered to home buyers as an option, Environmental Findings of Fact UnlvfHSlly Hills Specific Plsn ElR Finding Regarding Impacts not MIl/gated 10 BsIowa La"'" of Slgnlflcanca SECTION 4: FINDING REGARDING IMPACTS NOT MITIGATED TO BELOW A LEVEL OF SIGNIFICANCE CEQA Guidelines Section IS I 26.2(a)(b) requires an Final EIR to identify and focus on the significant environmental effects of the Proposed Project, including effects that cannot be avoided if the Proposed Project were implemented. This section describes significant impacts, including those that can be mitigated but not reduced to a less than significant level. Where there are impacts that cannot be alleviated without imposing a project alternative, the EIR implications, and the reason why the project is being proposed, notwithstanding the Final EIR effect, are described. With implementation ofthe proposed mitigation measures, the Project will not create any significant environmental impacts. 4.1 - Air Quality 4.1.1 - Potentially Significant Impact Implementation of the project has the potential to adversely impact air quality and existing emissions of greenhouse gases. In addition the Proposed Project has the potential to adversely impact PMIO and PM,s levels, and may exceed SCAQMD localized daily thresholds. Other potentially significant impact can occur over the short-term duration of the Proposed Project (i.e., during construction). 4.1.2 - Finding With consideration of the above information and even with the implementation of mitigation measures AIR-I a through AIR-lg, and AIR-3a through AIR-3d, the project's impacts to air quality criteria pollutants are found to he significant and unavoidable. 4.1.3 - Facts in Support of Finding After the implementation of the identified mitigation measures, emissions of volatile organic compounds (VOC), nitrogen oxides (NO,), carbon monoxide (CO), sulfur oxides (SO,), and particulate matter 2.5 (pM2.5) will continue to exceed the South Coast Air Quality Management Plan's (SCAQMD) regional emission significance thresholds during construction and VOC, NO", and CO during operations and, thus, are considered significant and unavoidable impacts. MM AIR-1a Prior to construction of the proposed improvements, the project proponent will provide a Fugitive Dust Control Plan (FDCP) that will describe the application of standard best management practices to control dust during construction. Best management practices will include: . Application of water on disturbed soils a minimum of two times per day; . Using track-out prevention devices at construction site access points; . Stabilizing construction area exit points; . Limiting onsite construction traffic to 15 miles per hour on unpaved roads; . Limiting onsite construction traffic to 25 miles per hour on paved roads; EnvlronmentJIl Findings of Fact University Hills Specific Plen E1R Finding Regerdlng Impects not Mltigeted to Be/owe Level of Slgnlflcence MM AIR.ib MM AIR.ic MM AIR-id MM AIR.ie MM AIR-if MM AIR-ig . Paving or providing a hard surface for onsite roads to reduce fugitive dust; . Covering dirt haul vehicles; and . Replanting disturbed areas as soon as practical and other measures, as deemed appropriate to the site, to control fugitive dust. The Fugitive Dust Control Plan shall be submitted to the City for review and approval prior to grading. Prior to construction of the proposed improvements, a Construction Traffic Control Plan (CTCP) will be reviewed and approved by the City. The CTCP will describe in detail safe detours around the project construction site and provide temporal)' traffic control (i.e., flag person) during construction related truck hauling activities. During construction of the proposed improvements, construction equipment shall be properly maintained at an offsite location, including proper tuning and timing of engines. Equipment maintenance records and equipment design specification data sheets shall be kept on-site during construction. During construction of the proposed improvements, all contractors will be advised not to idle construction equipment on the site for more than five minutes. During construction of the proposed improvements, onsite electrical hook ups shall be provided for electric construction tools including saws, drills and compressors, to eliminate the need for diesel powered electric generators. Onsite grading equipment will comply with one or more of the following: . Use of onsite grading and construction equipment equipped with oxidized diesel catalyst and fueled with aqueous diesel fuel during grading and construction operations with a reduced equipment fleet or hours of operation totaling a maximum of 17,000 horsepower hours per day; . Use of onsite grading and construction equipment equipped with oxidized diesel catalyst with a reduced equipment fleet or hours of operation totaling a maximum of 14,000 horsepower hours per day; . Use of onsite grading and construction equipment fueled with aqueous diesel fuel during grading and construction operations with a reduced equipment fleet or hours of operation totaling a maximum of 13,000 horsepower hours per day; and . Reduce the grading and construction equipment fleet or hours of operation to a maximum total of 10,000 horsepower hours per day. Implementation of the Short-Tenn Air Quality Mitigation Measures shall be documented in an Air Quality Mitigation Implementation Plan. This plan will detail each mitigation measure and include daily logs documenting implementation of each Environmenm' Findings of Fact University Hills Specific Plan EIR MM AIR-3a MM AIR-3b MM AIR-3c MM AIR-3d Finding Regarding Impects not Mitigated 10 Below a Level of Significance mlltgation measure. Daily logs for each piece of construction equipment will include the hours per day the equipment ran. A master daily log will document the hours of operation all equipment ran each day. The master daily log will also document timing and tuning of equipment, the type of fuel used on construction equipment, and any add-on emissions reduction equipment used such as oxidized diesel catalysts. The project proponent shall install bicycle racks at the clubhouse, MDA and A (attached) housing areas (Planning Areas 6, 8-11, 13, 14, 16, 18, and 20), and all park sites to encourage non-vehicular trips within the project. The project design shall include signs posted in visible places in any truck parking areas that state, "No Idling." The project proponent will coordinate with CSUSB to install improvements that will support future shuttle transit service for project residents, including bus turnouts, bus shelterslbenches, street lighting, and safe ingress/egress between the designated bus stop and adjacent uses. The developer will install identified improvements when the applicable road is constructed. . Provide onsite information for clubhouse employees regarding local car pools, bus schedules and shuttle services in the area that service the project site, including maps showing the routes of transit services and employee carpool destinations. 4.2 - Population and Housing and SCAG Consistency 4.2.1 - Potentially Significant Impact Implementation ofthe project has the potential to induce population growth beyond the SCAG local and regional forecasts. 4.2.2 - Finding With consideration of the above information, implementation of the Proposed Project will cause the SCAG Consistency and regional growth to be significant and unavoidable. 4.2.3 - Facts in Support of Finding Although forecasted population growth in San Bernardino for 20 I 0 is projected to exceed the SCAG projections, the proposed UHSP project would significantly exacerbate this condition by adding an additional 476 units (980 - 504) or 12 percent of growth. SCAG population numbers are the basis for other regional plans (e.g., regional housing allocation strategies), and population growth in excess of the forecast represents a significant growth inducement impact. No mitigation is available to reduce this impact to a less than significant level; therefore, growth inducement beyond the SCAG local and regional forecasts is a significant unavoidable impact of the Proposed Project. Furthermore, the Proposed Project is generally consistent with the policies of the City's general Plan, except for the provision of employment in a housing rich sub-region. The Draft EIR concluded that Environmental Findings of Fact Unlve<slty Hills Speclfl. Plan EIR Finding Ragardlng Impllcts not Mltigatad to Below a Leval of Significance these inconsistencies mean the project will have a significant impact relative to growth inducement and minor inconsistencies with regional growth policies and there is no feasible mitigation available to eliminate this impact. 4.3 - Transportation 4.3.1 - Potentially Significant Impact Implementation of the project has the potential to create operations at intersections to degrade to unacceptable levels without planned improvements in the opening year. In addition, five intersections are expected to operate at unacceptable levels of service by 2030. With mitigation measures TRANS- I, TRANS-2, and TRANS-8, impacts to intersections will be less than significant. However, impacts to freeway operations are significant and unavoidable. 4.3.2 - Finding With consideration of the above information, implementation of the Proposed Project will cause freeway operations to be significant and unavoidable. 4.3.3 - Facts in Support of Finding MM TRANS-1 Prior to the issuance of the first building permit, the developer shall install or provide fair share payments to the City to install improvements referred to in Table 5 in the TIA (KA 2008).). Iffair share payments are not paid prior to issuance of the first building permits, the UHSP will be required to install improvements, and be reimbursed by the City upon completion. . Improvements include: . Traffic signal at Northpark Boulevard and Campus Parkway; . Cross Street Stop at Little Mountain Drive and Project Access; . Add two (2) left- turn lanes on northbound leg of University Parkway at Northpark Boulevard; . Add two (2) left- turn lane on northbound [-215 Freeway ramp; . Add a left-turn lane on the northbound leg of Little Mountain Drive at Project Access; . Add a right-turn lane on the northbound leg of Little Mountain Drive at Project Access; . Add a left-turn lane on the southbound leg of North park Boulevard at Campus Parkway; . Add a through lane to the eastbound leg of Little Mountain Drive at Project Access; · Add a right-turn-overlap to the eastbound leg of University Parkway at Northpark Boulevard; . Add a right-turn lane to the eastbound leg of Little Mountain Drive at Project Access; Envlronmentsl Findings of Filet University Hills Specific Plan EIR Rndlng Regan/ing ImtMcts not Ntltlf/lllOd to BeI_ a Level of Significance . Add a left-turn lane to the westbound leg of North park boulevard at Campuss Parkway; . Add three (3) left-turn lanes to the westbound leg of University Parkway at Northpark Boulevard; . Add a left turn lane to the westbound leg of Little Mounntain Drive at Project Access; . Add a through lane to the westbound leg of North park Boulevard and Campus Parkway; and . Add a through lane to the westbound leg of Little Mountain Drive atProject Access; . Add a right-turn lane to the westbound leg of University Parkway at Northpark Boulevard. To implement this measure, a right- turn lane can be striped or unstriped, but to function as a right- turn lane, there must be sufficient width for right- turn vehicles to travel outside the through lanes. The TIA for this project estimated that the fair share cost for these improvements would be just over $4.1 million as of when the TIA was prepared (July 2,2008). Exhibit 4.12-3 illustrates the proposed improvements that the project will need to implement. With construction of these improvements, LOS at local intersections will meet the City's General Plan thresholds. MM TRANS-2 Prior to the issuance of the 600'" building permit, the developer shall install or provide fair share payments to the City for installation of improvements referred to in Table 8 in the TIA (KA 2008).). Iffair share payments are not paid prior to the issuance of the 600'" building permit, the UHSP will be required to install improvements, and be reimbursed by the City upon completion. Improvements include: . Cross street stop at Campus Parkway at 1-215 Freeway northbound ramp; . Cross street stop at Campus Parkway at 1-215 Freeway southbound ramp; . Add a thorough lane on northbound leg of campus Parkway and Kendall Drive; . Add a thorough lane on the northbound leg of campus Parkway and at 1-215 Freeway northbound ramp; . Add a thorough lane onnorthbound leg of campus Parkway and at 1-215 Freeway southbound ramp; . Add a right-turn lane onnorthbound leg of University Parkway at Kendall Drive; . Add a right-turn lane on the northbound leg of University Parkway at 1-215 Freeway southbound ramp; . Add a left-turn lane on the southbound leg of Campus Parkway at 1-215 Freeway southbound ramp; environmental Findings of Fact University Hills Spectffc Plan EIR Finding R_niinglmpac/s not Mitigated to Below a Level of Slgnlllcance . Add a thorough lane on the southbound leg of Campus Parkway at Kendall Drive; . Add a thorough lane on the southbound leg of Campus Parkway at 1-215 Freeway northbound ramp; . Add a thorough lane on the southbound leg of Campus Parkway at 1-215 Freeway southbound ramp; . Add a right-turn lane on the southbound leg of University Parkway at 1-215 Freeway northbound ramp; . Add a right-turn lane on the eastbound leg of University Parkway at 1-215 Freeway northbound ramp; . Add a left-turn lane on the eastbound leg of Campus Parkway at Kendall Drive; . Add a left-turn lane on the eastbound leg of Campus Parkway at 1-215 Freeway northbound ramp; . Add a right-turn lane on the westbound leg of Campus Parkway at 1-215 Freeway northbound ramp. To implement this measure, a right- turn lane can be striped or unstriped, but to function as a right- turn lane, there must be sufficient width for right-turn vehicles to travel outside the through lanes. As shown in Table 4.12-6, all intersections would meet the City's General Plan thresholds with improvements by 2030 after the implementation of the improvements outlined in Measure MM-- TRANS-2. MM TRANS-8 Prior to the commencement of construction, the developer shall provide a Construction Traffic, Staging, and Parking Management Plan to the City of San Bernardino for review and approval. All construction contracts shall include a clause requiring compliance with the Construction Traffic, Staging, and Parking Management Plan and the developer shall be able to enforce the provisions of the plan through penalties, up to and including, termination of the contract. The plan shall include the following provisions; . Construction truck traffic shall be limited to the following designated routes; Campus Parkway from the site and west of North park Boulevard to Kendall Drive, and Kendall Drive from Campus Parkway to Palm Avenue. Construction truck traffic shall be prohibited on all other roadways, unless compelling circumstances warrant such movements (e.g., a major traffic accident). . Signage shall be installed at construction truck ingress and egress points alerting motorists to such movements. . Soil, debris, or other loose materials shall be covered with tarps or other restraining material during haul movements on roadways Envlronmenml Findings of Fact University Hills Specific Plan EIR Flnd/ng R_rdlnglmpacfS not Mitigated to Balow a Laval of Significance . On-site and off-site construction staging and parking locations shall be identified, as well as any necessary shuttle service needed to transport workers from off-site locations. For safety reasons, off-site staging or parking shall not be allowed west of North park Boulevard or on the CSUSBCal State San Bernardino campus. . A pre-construction conference shall be held advising all construction contractors of the requirements of the Construction Traffic, Staging, and Parking Management Plan. 4.4 - Cumulative 4.4.1 - Potentially Significant Impact The Proposed Project may have the potential to create cumulative impacts within three (3) miles of the project site. Areas that have a cumulative impact by the Proposed Project that are significant and unavoidable are listed and defmed below. Air Quality The analysis area for evaluation of cumulative impacts to air quality includes the South Coast Air Basin (SCAB), which is identical to the boundaries of the SCAQMD. The SCAB includes the counties of Orange, Los Angeles, Imperial, and Ventura, Riverside, and San Bernardino (including the City of San Bernardino). Cumulative impact analysis is guided by buildout assumptions identified in the Land Use Section of the San Bernardino General Plan. Within the project region, and the SCAB, approved and additional development will result in additional excavation activities and further intensification of land use, which could potentially lead to impacts to air quality in the area. Within the City of San Bernardino, the total residential units will increase from 59,146 units at present to 82,7]4 units at buildout (+23,568 units or 1.5 percent average annual growth). Construction and operation ofthese additional land uses would emit substantial quantities of criteria pollutants that would likely exceed SCAQMD's daily significance thresholds. Potentially significant impacts were not found for exposure of construction workers or the public to substantial amounts of toxic air pollutants, creation of carbon monoxide hot spots that would exceed federal or State concentration standards, exposure of sensitive receptors to substantial pollutant concentrations, or generation of objectionable odors that would affect a substantial number of people. Significant, unavoidable impacts were found concerning construction and operational emissions that exceed SCQMD thresholds, inconsistency with the projections contained in the Air Quality Management Plan, and emissions representing only an incremental contribution of global greenhouse gases. The Proposed Project would develop 980 residential units in this vacant outlying area of the City. This represents 4.2 percent ofthe growth expected in the City from now until buildout. When taken into account with all residential and commercial buildout anticipated in the General Plan, the Proposed Project would result in a significant cumulative effect. Therefore, this effect would be EnvlronmentB/ Flndlnp of Fact University Hills Specfflc Plan EIR Rndlng Regarrllng Impacts not Mitigated to s./owa Lavel of SIgnificance cumulatively considerable without mitigation applied, since the effect of this project by itself is a potentially significant impact. However, according to the City of San Bernardino General Plan Environmental Impact Report (2005 EIR), air quality would be significant after buildout during long term and short term construction, and contributing to cumulatively considerable net increase of criteria pollutants for which the project region is in a state of non-attainment. Therefore, project-level emissions would be cumulatively significant and unavoidable due to the City's significant and unavoidable buildout projections for regional air quality. Mitigation in the form of extensive air pollution control measures is proposed, but it would not reduce project construction and operation emissions below SCQMD thresholds; however, it would prevent project greenhouse gas emissions from being cumulatively considerable. Transportation The analysis area for evaluation of cumulative impacts to transportation includes the University District subarea identified in the San Bernardino General Plan, as well as the City as a whole. The Traffic Impact Analysis analyzed the traffic impacts of the Proposed Project and looked at traffic impacts at opening year and at buildout of the project. Project-level traffic impacts are found in several intersections that would exceed the General Plan threshold of LOS C at peak hour, and, will therefore have a significant impact. N addition, significant impacts are related to cumulative traffic and congestion on the 1-215 Freeway in the vicinity of the Proposed Project. Cumulative impact analysis is guided by buildout assumptions identified in the Land Use Section of the San Bernardino General Plan. Within the University District subarea, approved and additional development will result in additional excavation activities and further intensification of/and use that could potentially impact transportation in San Bernardino. Furthermore, the Proposed Project will contribute to cumulatively considerable traffic impacts even with implementation of all feasible project specific mitigation. A number of roadway improvements would be implemented in conjunction with the Proposed Project that would help reduce cumulative traffic impacts. Potentially significant impacts were not found concerning the creation of inadequate access for emergency services or conflicts with the General Plan. Potentially significant impacts were found for congestion during peak hours along this portion of the 1-215 Freeway. When taken into account with all residential and commercial buildout anticipated in the General Plan, the Proposed Project would result in a significant cumulative effect on area traffic. Therefore, this effect would be cumulatively considerable without mitigation applied, since the effect of this project by itself is a potentially significant impact. With implementation of project mitigation measures MM TRANS-I through MM TRANS-8, project impacts will not make substantial contributions to cumulatively considerable degradation of intersection performance but will contribute to ongoing freeway congestion. Environmental Findings of Fact University Hills Specific Plan EIR Rnding RegsrrJing Impacts not Mitigeted to Below. uvel of Significance However, according to the City of San Bernardino Environmental Impact Report (2005 EIR), the City does not cooperate with the regional transportation agencies toward mitigating impacts to regional transportation facilities. However, potential traffic impacts to the freeway mainline segments and ramps were evaluated and mitigation measures were suggested to reduce impacts. However, the City stated that improvements to the freeway system are the responsibility of the existing regional transportation agencies and not the City of San Bernardino. Without the authority to implement the mitigation measures, the impact to freeway segments would remain significant and unavoidable requiring a statement of overriding considerations. Therefore, project-level traffic would be cumulatively significant and unavoidable due to the City's significant and unavoidable buildout projections. Environmental Findings of Fact UnlvetSlty Hills Specllle Pllln EIR Finding R_nlinl1 AItem_lIves to Ill_ Propo$<<l ProJfH;t SECTION 5: FINDING REGARDING GROWTH INDUCING, UNAVOIDABLE ADVERSE, AND IRREVERSIBLE IMPACTS 5.1 . Growth Inducing Impacts 5.1.1 - Description There are two types of growth-inducing impacts that a project may have: direct and indirect. To assess the potential for growth-inducing impacts, the project's characteristics that may encourage and facilitate activities that individually or cumulatively may affect the environment must be evaluated (CEQA Guidelines Section l5126.2[d]). 5.1.2 - Finding Direct growth-inducing impacts occur when the development of a project imposes new burdens on a community by directly inducing population growth, or by leading to the construction of additional developments in the same area. Also included in this category are projects that remove physical obstacles to population growth (such as a new road into an undeveloped area or a wastewater treatment plant with excess capacity that could allow additional development in the service area). Construction of these types of infrastructure projects cannot be considered isolated from the development they facilitate and serve. Projects that physically remove obstacles to growth or projects that indirectly induce growth may provide a catalyst for future unrelated development in an area, such as a new residential community, that requires additional commercial uses to support residents. The Proposed Project would result in the development of980 units on 404 acres in an outlying but somewhat suburbanizing area (e.g., development to the west along Campus Parkway). The residential units included in the Proposed Project would be expected to result in direct population growth of 3,283 new residents. The Proposed Project is expected to create only a few new jobs at the clubhouse. Section 4.10 of the Draft EIR examined the project's contributions to local as well as regional housing and population growth and found it to be in excess of that outlined in the City's General Plan that was used for estimating growth impacts by SCAG. Although by itselfthe project would only incrementally increase growth, it would contribute to an overall cumulative increase that may not have been anticipated in regional planning efforts. Therefore, the project is considered somewhat growth inducing. This increase will be offSet somewhat by the fact that the project is in an area that is not planned for additional suburban development, so its actual influence on area-wide growth will likely be limited. The project site is not currently served by infrastructure although roads and utilities are generally adjacent or nearby to the site. However, the Proposed Project would require the extension of roadways and utility systems into areas not presently served; therefore, the Proposed Project could be considered to be removing a barrier to potential growth through the extension of urban infrastructure. Environmental Findings of Fact Unlv.rslty Hili. Specific Plan EIR Finding Regarr/lng Altematlves to 111. Propos<<} Project The Riverside-Corona Feeder supplies several southern California Counties, including San Bernardino. The supplier connects to the Santa Ana River watershed and supplies over 400,000 acre- feet of ground water per year. New wet year water will come from local runoff, including regulated releases from Seven Oaks Reservoir and the State Water Project. The R-C Feeder is a multiple benefit regional water supply project. The water will be stored in San Bernardino Valley and Chino groundwater basins. Stored water will be delivered to consumers through a new groundwater pumping capacity. The new pumping and delivery capacity will enable water to be stored safely by providing the means to control local water tables. The water supply assessment proposes the UHSP will connect to reservoirs, similar to the Riverside- Corona Feeder. The reservoirs will include a common inlet/outlet pipe with flexible connections, isolation valves and an altitude valve to prevent overflow. To improve mixing in the tank, each inlet/outlet pipeline would have two check valves, forcing water to travel a greater distance from inlet to outlet in a circular motion. The reservoirs would have separate overflow pipes and drain pipes that would discharge to a concrete gutter. The gutter would convey storm flows, reservoir overflows and drainage along the access road to the downstream development storm drain. 5.1.3 - Facts in Support of Finding Because of its size and intensity, as well as its destination potential, the Proposed Project may be a catalyst for future unrelated projects. This may include new development projects or redevelopment of existing properties. Note that no such projects have been identified at the time of this writing, and it would be speculative to identify any potential locations or types of projects. 5.2 - Irreversible Impacts 5.2.1 - Description Section 15126.2( c) of the CEQA Guidelines requires a discussion of the extent to which a Proposed Project will commit nonrenewable resources to uses those future generations will probably be unable to reverse so that such current consumption may be justified. 5.2.2 - Finding The CEQA Guidelines describe three distinct categories of significant irreversible changes; they are defmed as "changes in land use that would commit future generations", "irreversible changes from environmental actions", "and consumption of non-renewable resources". The Draft EIR has evaluated the project's commitment to these irreversible changes in the implementation of the project and has found that the use of such resources is justified by the long-term benefits of the project. However, the Proposed Project would not be consistent with Air Quality, PopulationIHousinglSCAG Consistency, and F reeway Transformational uses. 5.2.3 - Facts in Support of Finding The project site will be in long-term used as a residential development. In addition, the new uses will be utilized as a resource for the City over the long-term. In addition, long-term development of the Envlronmenllll Findings of Fact Unlv8l'SItv Hills SpltClflc Plan EJR Finding R_rdlng Altemallves to lire Propos<<I Project project will be similar to other residential development projects in the City of San Bernardino. Analyses of all three distinct categories of significant irreversible changes are defmed as: Changes in Land Use That Would Commit Future Generations The project proposes to construct 980 residential units. The Proposed Project will consists of 404.3 total acres, with 169.5 acres or 42 percent of the site proposed for residential and related uses, including 10.2 acres of parks and recreational uses. The project proposes a gross density of2.4 dwelling units per acre (980 units divided by 404.3 total acres) and a net density of 5.8 units per acre, excluding natural open space (980 units divided by 169.5 acres). Residential densities range from 0.0 to 20 dwelling units per acre. This change in land use is more compatible with the surrounding area, therefore, the change in land use would not commit future generations to a significant change in land use. Irreversible Changes from Environmental Actions Irreversible changes to the environment could occur if hazardous substances are released associated with development of the Project. Compliance with the requirements and mitigation measures would reduce impact to less than significant. No other sources of irreversible changes from environmental actions are forecast to occur. Consumption of Non-Renewable Resources Consumption of non-renewable resources would be the conversion of agricultural land to urban uses, consumption of energy resources such as electricity and natural gas, and the loss of potential mining resources. The Draft EIR determined that development of the project site would not result in a significant impact on land that is considered suitable for agricultural Use. IN addition, the site is not identified as a mineral resource site and more suitable locations in the surrounding regions are currently being used as mineral resource sites. Given the proximity to CSUSB, the site would not be a suitable for mining of mineral resources in the future. The project will consume non-renewable energy resources during construction and operation such as petroleum products, construction materials, electricity and natural gas. Construction impacts to non- renewable would be short-term. Operation of the Project is required to comply with mandatory requirements of Title 24 in regard to energy efficient building design and is required to utilize energy conservation measures during operations ofthe facilities within the project. environmental FIndings of Feet University Hilla Specllle Phm E1R Finding Regarding Altematlvea /0 the F'ropoud Project SECTION 6: FINDING REGARDING ALTERNATIVES TO THE PROPOSED PROJECT CEQA requires that a Final EIR evaluate a reasonable range of alternatives to a project, or to the location of the project, which: I) are capable of avoiding or substantially lessening any significant adverse environmental impact associated with the project; and 2) may be feasibly accomplished in a successful manner within a reasonable period of time considering the economic, environmental, social and technological factors involved (CEQA Guidelines ~ 15126.6). A Final EIR must only evaluate reasonable alternatives to a project which could feasibly attain most of the project objectives and evaluate the comparative merits of the alternatives (CEQA Guidelines ~ 15126.6; Sierra Club v. County of Napa, 121 CaI. App. 4th 1490 [2004]). In all cases, the consideration of alternatives is to be judged against a rule of reason (CEQA Guidelines ~ 15126.6.). The lead agency is not required to select the environmentally superior alternative identified in the Final EIR if the alternative does not provide substantial advantages over the Proposed Project and: I) through the imposition of mitigation measures the environmental effects of a project can be reduced to a less than significant level; or 2) there are social, economic, technological or other considerations which make the alternative infeasible. The discussion of alternatives is required to include the "No project" alternative. CEQA further requires that the City identify an environmentally superior alternative. If the "No project" alternative is the environmentally superior alternative, an environmentally superior alternative must be identified from among the other alternatives (CEQA Guidelines, ~ 15126.6.). CEQA Guidelines ~ 15126.6 requires a Final EIR to evaluate an alternative site when an alternative location would avoid or substantially lessen significant effects. The Final EIR considered five (5) alternatives that may reduce anticipated impacts to less than significant levels, or will improve the acceptability or successful implementation of the residential improvements. A summary of Project Alternative Impacts are contained in Table I. The objectives for the project as identified in the Final EIR and considered by the City are the following: . Include high-quality, high-density housing in a mixed-use setting to increase the diversity of housing opportunities in San Bernardino and provide housing options that are not currently available to local residents; . Use high-quality architecture and landscaping that will maintain and enhance the aesthetic character of the City of San Bernardino; Environmental Findings of Fact University Hilla Specific Plan E1R Rndlnfl R_ffIIng A1I8mal1_ 10 tha Proposed Project . Provide a "sustainable" community that encompasses construction as well as daily living in terms of energy and water conservation, wise choice and use of building materials, reduction of air pollutants, safety, walkability and connectivity to surrounding uses, etc.; . Provide ample amenities including a community clubhouse and extensive trail system to encourage healthy and enjoyment of open space. . Maximize roadway safety through the provision of multiple vehicular ingress and egress opportunities to the Proposed Project internal roadways and parking facilities and improvements to the surrounding circulation system; . Create increased new property and sales taxes annually, in perpetuity, for the City of San Bernardino, and increased annual property taxes for San Bernardino County and various other local government agencies; and . Increase property values in the City of San Bernardino and surrounding unincorporated County areas. 6.1 - No Project/No Development Alternative 6.1.1 - Description CEQA requires that a "No Project" alternative be evaluated compared to the Proposed Project. The No Project alternative evaluates existing conditions on the site in the absence of the Proposed Project. Under this alternative, the project site would remain vacant would not be developed into a residential community. Assuming the project site remains vacant, all significant impacts will be avoided. However, any benefits of the project related to providing housing opportunities for families as well as providing infrastructure in an area that is undergoing surrounding residential development would not be realized. 6.1.2 - Finding This alternative would eliminate any adverse environmental impacts associated with developing the project site into a residential community. It would also eliminate the significant impacts associated with the project (Le. air quality, population, housing, and SCAG consistency, transportation). 6.1.3 - Facts in Support of Finding The No Project - No Development Alternative would eliminate the seven significant impacts of the Proposed Project relative to construction and occupancy of the proposed UHSP. However, it would result in an indirect impact to future growth of the City. Furthermore, this alternative does not achieve any of the objectives of the Proposed Project. Environmental Find/np of Fact University Hills SpecIfic Plan E1R Finding Regarding Alternatives to the Proposed Project 6.2 - No Project - General Plan Development Alternative 6.2.1 - Description Under this alternative, the site would be developed under the approved PHSP as outlined under the previous EIR certified in 1993, which allowed 504 residential units. 6.2.2 - Finding Under this alternative, there would be similar impacts associated with the Proposed Project, as the land use designation is the similar for the existing General Plan/Specific Plan as the Proposed Project. Developing the Project area for residential uses could have potential adverse impacts on the adjacent residential development. It would potentially increase impacts related to Aesthetics, Light, and Glare, Biological Resources, Cultural Resources Geology, Soils, and Seismicity, Hazards and Hazardous Materials, and Hydrology and Water Quality. 6.2.3 - Facts in Support of Finding The No Project - General Plan Development Alternative would have incrementally fewer impacts related to long-term occupancy of the project site since it would allow the development of approximately half the number of units compared to the Proposed Project (504 vs. 980 or 48.5%)/ However, the UHSP proposes aggressive water and energy conservation measures that would substantially reduce the differences in these impacts. This alternative would have similar or increased short-term air quality impacts from grading but reduced construction-related impacts (i.e., fewer units). Long-term air quality impacts under this alternative would be reduced to less than significant levels. This alternative may have increased impacts on biological and cultural resources, and the City's water distribution system if development were to occur as outlined in the previously approved Paradise Hills Specific Plan. This alternative would also create increased risks to project residents and residences related to wildand fires and geotechnical constraints. Growth inducement and impacts related to consistency with SCAG growth policies would be reduced to less than significant levels under this alternative. This alternative does not meet the objectives of the project to the same degree as the Proposed Project in that the PHSP does not contain current water or energy conservation strategies. 6.3 - Modified Specific Plan Alternative 6.3.1 - Description To reduce air quality and growth inducement impacts, this alternative would be phased and have more "mixed" uses (i.e., 100,000 square feet of commercial and other non-residential) on the site. It would also have fewer residential lots (approximately 700 units) but with higher densities than those allowed under the UHSP to be able to cluster units more effectively. This alternative would likely require many buildings with 3-4 stories rather than 2-3 story buildings under the current UHSP. The current "clubhouse" area would become more of a community center under this alternative, with taller buildings and approximately] 00,000 square feet of a mixture of commercial and professional office uses. Each residential planning area would be larger overall than under the UHSP, and each would be EnvlfOnmentlJl Findings of Fact University Hills Specific Plan EIR Finding Regarding Alternallves to the Propoaed Project built on pads that could be more isolated in terms of grading. At present, the land plan requires that the entire development area (approximately 170 acres) be graded at one time to balance earthwork onsite (Le., no substantial import of soil onto or export of soil off of the site). Balancing earthwork within a development area is an important consideration of project design, not only for cost, but to minimize the import or export of soil from the site, which could significantly increase short-term traffic, noise, and air quality impacts. The only feasible way to accomplish this balancing with smaller planning areas would be to "pair" two planning areas, one upslope and one downslope, and use the cut material from the upper area to create a pad for the lower area. This would necessarily create a more terraced look to the development. The road system would be similar to that of the proposed UHSP but there would be more open space between the Planning Areas and the project would be built over a longer period of time to reduce short-term construction impacts. 6.3.2 - Finding Under this alternative, impacts from residential development woud be either equivalent or reduced; however, the alternative would not reduce environmental impacts in regard to Air Quality and Transportation. 6.3.3 - Facts in Support of Finding The Modified Specific Plan Alternative would have incrementally fewer impacts related to long-term occupancy of the project site since it would allow the development of fewer residential units compared to the Proposed Project (700 vs. 980 or 40 percent less). However, the addition of commercial and office uses under this "mixed use" plan would generate a greater amount of traffic than the Proposed Project, especially during peak periods. The mixed uses would help reduce the number and length of vehicular trips off of the project site. This alternative could reduce short-term (daily) air quality impacts from grading and construction to less than significant levels, however, it would extend those impacts over a longer period of time if development phasing were increased (Le., from 5 to 10 years). Long-term air quality impacts under this alternative would increased by adding non-residential uses, and would still exceed significance thresholds. This alternative would have equivalent impacts on biological and cultural resources, and would likely create similar risks to project residents and residences (and businesses and employees) related to wildand fires and geotechnical constraints. Growth inducement and impacts related to consistency with SCAG growth policies would be reduced to less than significant levels under this alternative. This alternative would meet some of the objectives of the project. Environmental FindIngs of Fact University Hills Speclllc Plan E1R FInding Regarding Alternetlves to the Proposed Project 6.4 - Educationallnstitutionrrechnology Park Alternative 6.4.1 - Description The University District Specific Plan identifies the general area for technology park uses, which would be supported and will benefit from research at the University. To reduce air quality and growth inducement impacts, this alternative would eliminate residential uses and place an educational institution and related technology uses in this area to support CSUSB. These uses could be in conjunction with or in support of the Cal State San Bernardino campus. The proposed alternative would house approximately 2.75 million square feet of office space, industrial use, and educational research for information technologies. Based on discussions with the San Bernardino City Unified School District, this plan does not envision K-12 facilities at this time. The road system would be similar to that of the proposed UHSP but there might be more open space between various buildings or uses, and they may be built over a longer period of time to reduce short-term construction impacts. 6.4.2 - Finding Long-term air quality impacts would not be reduced as the educational institution/technology park uses would generate more vehicular peak hour traffic. However, additional impacts would be similar or reduced compared to the Proposed Project. 6.4.3 - Facts in Support of Finding The Educational InstitutionlTechnology Park Alternative would produce very different impacts compared to those from the residential uses of the Proposed Project. It would likely generate more peak hour traffic, but non-peak hour traffic may be substantially less that that of the Proposed Project. The addition of educational and institutional uses under this plan would likely not reduce short-term (daily) air quality impacts from grading and construction to less than significant levels due to the need to grade the entire area for efficient site planning. Long-term air quality impacts under this alternative would probably be higher than those produced by residential uses, and would still exceed significance thresholds. This alternative would have equivalent impacts on biological and cultural resources, and would likely create similar risks to project employees and students rather than to project residents and residences in terms of wildand fires and geotechnical constraints. Growth inducement and impacts related to consistency with SCAG growth policies would be reduced to less than significant levels under this alternative. Although the alternative project may meet certain objectives to the same degree as the Proposed Project, it does not meet all the specific project objectives already outlined in the approved PHSP. 6.5 - Alternative Sites 6.5.1 - Description CEQA requires the evaluation of alternative sites if moving the Proposed Project to another site would eliminate or avoid one or more significant impacts of the Proposed Project. The impacts to both short-term and long-term air quality would occur regardless of location. The significant impact Environmental Findinfl!S of Fact University Hills SpecJflc Plan EIR Finding R"f1IIrrJlng Alternatives to lire Proposed Project to freeway traffic might be reduced by a different location, but the 1-2 J 5 Freeway experiences similar levels of congestion from its intersection with the 1-15 four miles to the north down to its intersection with the 1-10 Freeway six miles to the south 6.5.2 - Finding It is not likely that an alternative location would eliminate the significant traffic impact of the Proposed Project. Unless the UHSP project can be built with mixed uses or adjacent to a transit center (no sites of this size available near the San Bernardino center), the Proposed Project cannot be made consistent with the growth projections or policies of SCAG. 6.5.3 - Facts in Support of Finding The alternative location would not eliminate the significant impacts of the Proposed Project. Based on discussions with City staff and a survey of the surrounding area, there are no other vacant sites of this size in the northern portion of San Bernardino. This analysis demonstrates that impacts of development as proposed under the UHSP on an alternative site would be equivalent to those of the UHSP developed on this location. Therefore, an alternative site is not a feasible or viable option for this project. Environmenml Rndlngs of Fact Unlverslfy Hills Specltlc ""n E1R Finding Regarding AIfem._ 10 "'e Proposed Project Table 1: Summary of Project Alternative Impacts Environment allssue Proposed Project (UHSP) Aesthetics, Ligh~ and Glare Air Quality _1________. Less than significant ~n.______._ Significant Construction q~_f!!!~.!!____ "_ Biological Resources Cultural Resources Significant Less than SignIficant . C ie,. than Sigoificant Noise Agriculture' and - --Less-than - --.- MineraI Significant Resources UtiiItY SYStem-; --.-iess "dtan .__ .______~___~_~ __~!~fic~~_ Meets Project Yes ObJ~~lY~~? _ , No Project -No ~- ~::'~f~a~'--;odlfled-- I Development! Alternative Specific Plan , Alternative i Alternative , I _..___.{~H_~ --.+-- N~-i~p;;t---~ --~- Somewhat increased No impact No impact No impact No impact No impact No impact No impact ------.- --- --- ----- No impact No impact ~. No-impact- .----.-.------- No impact No impact ---'-NO . - ---t--~-------- Equivalent but more non~ residential uses - ---~._---------------- - -.----....------.-- Less than significant Less than Significant si8!!ifican!__ _ _ .__~~E!~l!!~~~~~~ Significant Less than __ ___ _ _ _..~i~!~~8!1_t__ Increased and Less than potentially significant si~i.!!~t._...___.~----_~- Increased but less Less than .!h~_~~.i.~~~ __ ___~ ~iB!!ificanL____ Reduced but less Less than than significant significant Significant I , Educational I , Institution! Tech. I . Park Alternative JI ---.---~._~--- Increased but less than sigoificant Significant Significant Less than _ . ~~~ji!~8!!!__ Less than significant i --LesS-than ____ signifi~! Significant Increased hamtat ! ___.____"_..- . ~~.._________._.__ J Increased but Jess Less than I Less than "uthansignific3IlLn_.si~canr. ____ signilicant Less than Increased but less Significant _ ___~i~_~fi~~_ _ _ !__~~_siS!!ific~t__ ' I Reduced and less ! Mixed but less ~. fncreBSed but iess~ than significant 'tIIan....signifiC3IlL. ~.th.an~ignIficant Less than Less than Less than - - i significant significant significant Reduced but less _~_ ~han~ignifl~l!!!.t..__ Significant Fwy congestion Reduced butles. e ~~~!!Iifi~!___ Significant Local traffic & _ J:_~_~_Q!lg~sJj~!! Less than significant Geology: SoTls, ~'L~ssth~-- ~~_~~S!!lJ~l!Y___.j_ ~i~!f~~!__ Hazards and Less than Hazardous Significant Materials Hydrology and U ---Cess than - --- '-Noirnpact- Wat~r_Quality__ _~ignifi_canl. Land Use Less than : __~~8!ific8l)!___ Less than __,sIgnificant Population, Significant Housing, and Growth Inducing SCAG & SCAG policies __~_o~s!~~_~__ ___ ______________ ____ __________ Public Services 'Less than No impact _!l!.l~B....ecreat!,?!!_,--J!ignific3!!.t_ .__ Transportation Significant and Circulation Fwy congestion Less than significant Reduced Reduced '-Not-to saine _ _4<<:gr~c__ Not to same A~~~~... --~.._- -. < Mixed but less . __tl1an~ifi<:aIIt? _ Significant Local traffic & :_~~_ ~Qn&.~.~o!! Less than ~ignificant Reduced No Envlronmentlll Rndlngs of Fact University Hills Specific Plan ElR Finding Regarding A/tem.llves 10 the Propo/Ied Project 6.5.4 - Finding The Final EIR determined that the Proposed Project would produce significant impacts to Air Quality, Population, Housing and SCAG Consistency, and Transportation. The Final EIR also determined the project could potentially contribute to cumulatively considerable impacts to Air Quality and Transportation; however, the recommended measures do not reduce impacts under the less than significant threshold. All five alternatives reduce at least one of the three significant and unavoidable impacts; however, they create potential land use compatibility conflicts between the alternate uses and the General Plan. In addition the alternatives would not fully implement the project's objectives of providing an active residential community with connectivity to the existing residential uses. Since none of the alternatives are considered environmentally superior to the Proposed Project, they are rejected in favor of the Proposed Project. 6.5.5 - Facts in Support of Finding None ofthe alternatives achieve the objectives of the project to the same degree as the Proposed Project. The environmental effects of each alternative in relation to the Proposed Project are summarized in Table I. Environmental Findings of Fact University Hills Specific Plan E1R Statement of OVerriding Considerations SECTION 7: STATEMENT OF OVERRIDING CONSIDERATIONS CEQA Guidelines Section 15093 (a) states that: CEQA requires the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a Proposed Project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits of a Proposed Project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered "acceptable." Where the decision of the public agency allows the occurrence of significant effects which are identified in the Final EIR but are not avoided or substantially lessened the agency shall state in writing the specific reasons to support its action based on the Final EIR and/or other information in the record. This statement may be necessary if the agency also makes a finding under Section 15091(aX2) or 15091 (aX3). As identified above, the City of San Bernardino fmds that the project does produce significant and un-mitigable impacts to Air Quality, Population, Housing and SCAG Consistency, and Transportation, and, therefore, requires a Statement of Overriding Considerations. The findings have also analyzed a number of alternatives to determine whether they are reasonable and feasible alternatives to the proposed action and whether they might reduce or eliminate the significant impacts of the proposed action. The City of San Bernardino finds that the project will provide specific economic, social, and other benefits that outweigh the unavoidable adverse environmental impacts of the project, such that those impacts are considered acceptable. Each of the benefits of the Proposed Project cited is hereby determined to be, in itself and independently of the other project benefits, a basis for overriding all significant adverse environmental impacts identified in the EIR and in these fmdings. These benefits are as follows: I. The Paradise Hills project land plan proposed extensive grading and development within the middle and upper reaches of Badger Canyon, however, that project was never built. In addition to the General Plan designating the project site as a Specific Plan, the Land Use Plan in the City's Land Use Element designates the lower (southern) portion of the site for Residential Suburban (RS) uses with a density of 4.5 units per acre (7,200 square foot lots), and the northern portion (i.e., north ofthe San Andreas Fault and in the middle and upper reaches of Badger Canyon) for Residential Low (RL) development at 3.1 units per acre. The University Hills Specific plan addresses the steep slopes surrounding Badger Creek and designated it as Open Space (OS). 2. The northern portions of the site are mitigated with a Hillside Management Overlay as well as a Foothill Fire Zone Overlay to help to minimize the spread of wildfrres, property damage, and reduce the risk to the public health and safety. Environmental Rndlngs of Fact University Hili. Specific Plan EIR Statement of Oven1dlng Consideration. 3. The University Hills Specific Plan replaces the Paradise Hills Specific Plan and includes a new land use map, zoning districts, development standards, design guidelines, and infrastructure requirements for the development of the site. The following elements of the Specific Plan promote the land use goals of the General Plan: . Placing housing in close proximity to CSUSB. . Accommodating up to 60 faculty units, which will create a direct and long-lasting relationship with CSUSB. . Orienting the development and clubhouse toward CSUSB. . Allowing CSUSB to share conference facilities in the clubhouse. . Dedicating approximately 235 acres of permanent open space to CSUSB as a "land laboratory." . Carefully weaving University Hills into its physical surroundings by clustering development on the lower slopes and away from physical hazards, preserving significant drainage ways. 4. The Project allows residents the opportunity to live, work, and play in the immediate area. This reduces the need to use the automobile, which in turn reduces congestion, improves air quality, fosters walking, and improves overall health and wellness. 5. University Hills is a significant opportunity for the City to achieve many goals described in its General Plan, such as providing housing types suitable for a variety of lifestyles and incomes. University Hills accommodates a range ofliving opportunities including estate, single-family detached, small-lot detached, cluster court homes, townhomes, and stacked flats. In addition, University Hills provides four acres that will be dedicated to CSUSB and can accommodate up to 60 units for exclusive use as faculty housing. 6. University Hills accommodates 980 residences situated in several neighborhoods, which are separated by open space corridors, drainage ways, and sloped areas and interconnected by a series of trails and roadways. 7. Development is focused onto approximately 170 acres, or 42 percent of the total site and is mainly concentrated south of the South Branch of the San Andreas Fault on the lower portions of the site where the average slopes are generally below 15 percent. North of the South Branch of the San Andreas Fault, approximately 235 acres, or 58 percent of the site, remains undeveloped and is designated as permanent open space. It will be dedicated to CSUSB for use as a laboratory to study the local biology, habitat, and geology. The compact design limits the development footprint so that open lands are maximized; natural drainage ways are maintained and Environmental Findings of Fact University Hills Specltlc Plan EIR SflItamenl of Ov_dlng Conslderallons incorporated into the design of the project as open space amenities; landscaping and hazards are avoided or mitigated. 8. The land laboratory contains a variety of native plant species; natural drainages, including Badger Creek; and the San Andreas Fault system. The proximity of these features to the CSUSB campus provides unique educational opportunities. It is envisioned that the biology, geology, geography and environmental studies, and science education departments would be the primary users of the land laboratory, but it could be used by other disciplines. 9. University Hills is designed and programmed to create a long-term and synergistic relationship with CSUSB. In particular, University Hills directly responds to input from the University through the provision of land for faculty housing, the 235-acre land laboratory, pathways, bike lanes, and the California Walnut Grove Linear Park. 10. University Hills is designed to minimize the impacts oflight intrusion and spillover. CSUSB is contemplating building an observatory on Badger Hill immediately adjacent to University Hills. To help preserve a dark nighttime sky, this Specific Plan includes strict controls on the type and design oflighting. II. University Hills is also located within the University District Specific Plan, which was approved November 1,2005. The University District Specific Plan acts as the umbrella document for a 6,375-acre area, of which University Hills is a part. The intent of the University District Specific Plan is to "lay a foundation for the integration of the University into the surrounding community." The University District Specific Plan focuses on creating: . Pedestrian-oriented developments . A seamless connection between the community and University . Integrated curriculum with CSUSB . A "university town" . Enhanced link to regional recreation . An efficient vehicular and pedestrian system . A range of housing types to accommodate a wide range of population, including University faculty and staff. . Quality housing The University District Specific Plan assumed the Paradise Hills Specific Plan in its land use plan and was amended to reflect the land plan for University Hills in conjunction with this project. EXHIBIT D General Plan Amendment 08-03 consists of the following changes: I. Amendment of the Land Use Map to change the land use designations within the project area to: Large Lot Detached (LLD) Standard Lot Detached (SLD) Mixed Detached/Attached Residential (MDA) Attached Residential (A) Parks (P) Clubhouse Internal Slopes Open Space Consistent with Figure 2-9 of the University Hills Specific Plan. 2. Amendment of the University District Specific Plan to change the following: Figure 7 Land Use Plan Figure 8 Vehicular Circulation Plan Figure 9 Trails Plan Figure 10 Open Space Plan Change Consistent With University Hills Specific Plan Figure Figure 2-9 Figure 3-1 Figure 3-11 Figure 2-6 (Open Space) University District SP Figure EXHIBIT F (Large-Format Map) DEVELOPER / APPLICANT INLAND COMMUNITIES CORP. 1807 AVENUE OF THE STARS, SUITE 1205 LOS ANGELES, CA 90067 PH (370) 277-7551 CONTACT- MOHAMAD YOUNES PREPARED UNDER THE SUPER~SION OF: a~f\~ A8llAS FAIII R.c.c. No. 84754 '1 111'1$ DATE REG. EXP. 06/30/'09 J PREPARED B~ ~ 10370 Hemet sf Suite 200 Riverside, CA 92503 .. Phone' (951) 558-1455 . Engmeermg Fax: (951) 358-1434 . Planning . Surveying . Construction Services MASTER PARCEL MAP NO. 18969 SlBDIVISION NO. PAGE 1 OF 5 OW/IER FONTANA CORNERS III A LIMITED CALIFORNIA PARTNERSHIP 1807 A VENUE OF THE STARS, SUITE 7205 LOS ANGELES, CA 90067 PH: (310) 277-7551 CONTACT: JIM AHMAD RE~SION OESCRIP17ON NO. DA TE BY ~ EXHIBIT G (Large-Format Map) DEVELOPER / APPLICANT INLAND COMMUNITIES CORP. 7807 AVENUE OF THE STARS. SUITE 7205 LOS ANGELES, CA 90067 PH. (370) 277-7551 CONTACT' MOHAMAD YOUNES PREPARED UNOOf 1H~ SUPO/lfSlON OF: UJh-"k/ ABBAS F"AWAZ R.c.c. No. 64765, q In /01 DATE ReG. DIP. O6/JO/09 PREPARED B~ ~Jl 70370 Hemel sl Suile 200 T ~ Riverside, CA 92503 .. Phcne. (951) 358-1433 II . Engmeermg Fax,' (951) 358-1434 . Planning . Surveying . Cons Irue lion Services TENTATIVE TRACT MAP NO. 18696 SlBDIVlSION NO. PAGE 1 OF 1 OWfER FONTANA CORNERS III A LIMITED CALIFORNIA PARTNERSHIP 7807 A VENUE OF THE STARS, SUITE 7205 LOS ANGELES, C4 90067 PH. (370) 277-7557 CONTACT JIM AHMAD RElfSlON OCSCRlpnON NO. DA TE BY 6 EXHIBIT H (Large-Format Map) DEVELOPER / APPLICANT INLAND COMMUNITIES CORP. 7807 AVENUE OF THE STARS, SUITE 7205 LOS ANGELES, CA 90067 PH (310) 277-7551 CONTACT: MOHAMAD YOUNES PREPARro UNDER THE SUPeRVISION OF: U~~~. ABBAS FAIlI R.C.C. No. 64765, PREPARED Bl'l . Engineering . Planning . Surveying . Construction Services qln/of DAlE" ReG. DIP, 06/30/09 70370 Hemet sf 5uite 200 Riverside, CA 92503 Phone_' (951) 358-1433 Fax. (951) 358-1434 TENTATIVE TRACT MAP NO. 18140 SUBDIVISION NO. PAGE 1 OF 1 NO, OWNER FONTANA CORNERS III A LIMITED CALIFORNIA PARTNERSHIP 7801 AVENUE OF THE STARS, SUITE 7205 LOS ANGELES, CA 90067 PH. (370) 277-7551 CONTACT JIM AHMAD RCYISlON DESCRIPTION DAlE" BY b. 1 2 CCOlPV ORDINANCE NO. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING 3 CHAPTER 19.10 (SPECIAL PURPOSE DISTRICTS) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) RELATED TO THE UNIVERSITY 4 HILLS SPECIFIC PLAN. 5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 6 DO ORDAIN AS FOLLOWS: 7 SECTION 1. Chapter 19.10, Section 19.1 0.030 is amended to add subsection (7), as 8 follows: 15 16 17 thereof, or any application thereof to any person or circumstance, is for any reason held to be 18 19 20 21 22 23 24 9 10 11 12 13 14 25 IIII 26 IIII 27 IIII 28 7. Specific Plan No. 07-01. Universitv Hills Specific Plan This Specific Plan district is intended to provide for land use districts and development standards which are compatible with the development goals of the University Hills Specific Plan. It provides a range of residential land use districts which will create a cohesive residential master planned community. The Plan establishes land use districts, permitted uses, development standards and design guidelines which will provide compatibility between different types of development and land uses, and is incorporated herein by reference. SECTION 2. Severability. In the event that any provision of this Ordinance, or any part unconstitutional or otherwise invalid or ineffective by any court of competent jurisdiction on its face or as applied, such holding shall not affect the validity or effectiveness of any of the remaining provisions of this Ordinance, or any part thereof, or any application thereof to any person or circumstance or of said provision as applied to any other person or circumstance. It is hereby declared to be the legislative intent of the City that this Ordinance would have been adopted had such unconstitutional, invalid, or ineffective provision not been included herein. 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 2 19.]0 (SPECIAL PURPOSE DISTRICTS) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) RELATED TO THE UNIVERSITY HILLS SPECIFIC 3 PLAN 4 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a 6 meeting thereof, held , 2008, by the following vote to wit: on the day of 7 Council Members: AYES NAYS 8 9 ESTRADA 10 BAXTER 11 BRINKER 12 DERRY 13 KELLEY ABSENT ABSTAIN 14 15 16 17 18 19 2008. 20 21 22 23 JOHNSON MC CAMMACK City Clerk The foregoing ordinance is hereby approved this _day of PATRICKJ. MORRIS, Mayor City of San Bernardino Approved as to form: 24 JAMES F. PENMAN 25 City ttorney 26 By: l 1- . 27 28 III !) " . J t....l v----<--. 2