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HomeMy WebLinkAboutMC-1386 Adopted: March 4, 2013 Effective: April 3, 2013 1 ORDINANCE NO. MC-1386 2 ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING THE FACTS, FINDINGS AND STATEMENT 3 OF OVERRIDING CONSIDERATIONS; CERTIFYING THE FINAL 4 ENVIRONMENTAL IMPACT REPORT; ADOPTING THE MITIGATION MONITORING AND REPORTING PLAN; AND ADOPTING DEVELOPMENT 5 CODE AMENDMENT NO. DCA 12-10 TO ADD THE SPRING TRAILS SPECIFIC PLAN TO THE LIST OF SPECIAL PURPOSE DISTRICTS AND RECOGNIZE THE 6 SPECIFIC PLAN'S DEVELOPMENT STANDARDS. 7 SECTION 1. RECITALS 8 WHEREAS, the Mayor and Common Council of the City of San Bernardino adopted 9 the City General Plan by Resolution No. 2005-362 on November 1, 2005; and WHEREAS, the Spring Trails project is within the City's sphere of influence and the 10 City determined that a Specific Plan for Spring Trails was appropriate; and 11 WHEREAS, on November 19, 2009, the Development/Environmental Review 12 Committee (D/ERC) reviewed plans for the Spring Trails Project ("Project") and 13 recommended that a Notice of Preparation (NOP) for the Project's Environmental Impact Report(EIR)be released for public review; and 14 WHEREAS, on November 24, 2009, the City circulated a Notice of Preparation 15 (NOP) of an Environmental Impact Report (EIR) to responsible agencies, interested parties 16 and the public to solicit comments and concerns regarding the scope of analysis to be conducted for the Spring Trails Project EIR; and 17 WHEREAS, on December 14, 2009, the City conducted a public scoping meeting to 18 provide information about the Spring Trails Project and to receive public comments on the 19 scope of analysis to be conducted for the Spring Trails Project EIR; and WHEREAS, all comments received at the public scoping meeting and in responses to 20 the NOP were considered in the preparation of a Draft EIR for the Spring Trails Project, and 21 were incorporated in the Draft EIR; and 22 WHEREAS, on July 14, 2011, the D/ERC recommended that the Draft EIR be 23 released for public review; and WHEREAS, a Draft EIR for the Spring Trails Project was circulated for a 45-day 24 public review from July 29, 2011 through September 12, 2011, and three comment letters 25 were received by the City; and 26 WHEREAS, a Final EIR for the Spring Trails Project was prepared pursuant to CEQA requirements, including the Draft EIR, technical appendices to the Draft EIR, responses to all 27 comments submitted in response to the Draft EIR, and changes to the Draft EIR; and 28 1 MC-1386 1 WHEREAS, on November 14, 2012, the Planning Commission of the City of San Bernardino held a noticed public hearing on the Spring Trails Project to consider written and 2 oral comments on the Project (except Development Agreement No. DA 11-01),the Final EIR, 3 the Mitigation Monitoring and Reporting Program, and the Facts, Findings and Statement of 4 Overriding Considerations; and WHEREAS, the Planning Commission, after considering the public testimony and 5 Findings of Fact in the staff report, by a vote of 7:0 (with one abstention) recommended that 6 the Mayor and Common Council not adopt the Facts, Findings and Statement of Overriding 7 Considerations, not certify the Final Environmental Impact Report, not adopt the Mitigation 8 Monitoring and Reporting Program, and recommended denial of the Project to the Mayor and Common Council; and 9 WHEREAS, on January 23, 2013, the Planning Commission held a noticed public 10 hearing to consider public testimony and the staff report on Development Agreement No. DA 11 11-01; and WHEREAS, the Planning Commission, after considering the public testimony and 12 Findings of Fact in the staff report, by a vote of 4:2 recommended denial of the Development 13 Agreement to the Mayor and Common Council; and 14 WHEREAS, notice of the public hearing for the Mayor and Common Council's consideration of the proposed Ordinance was published in The Sun newspaper on February 8, 15 2013. 16 WHEREAS, the Mayor and Common Council conducted a noticed public hearing on 17 February 19, 2013, and fully reviewed and considered the Final EIR; the Mitigation 18 Monitoring and Reporting Program; the Facts, Findings and Statement of Overriding Considerations; and the recommendation of the Planning Commission with respect to the 19 Project. 20 21 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 22 23 SECTION 2. ENVIRONMENTAL IMPACT REPORT FINDINGS 24 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 25 HEREBY MAKES THE FOLLOWING FINDINGS: A. The facts and statements contained in the above-Recitals are true and correct. 26 B. The Final EIR for the Spring Trails Project, comprised of the Draft EIR and 27 technical appendices, a list of all persons and agencies that submitted comments on the Draft 28 EIR, all written comments on the Draft EIR, text changes to the Draft EIR, and written 2 MC-1386 1 responses to all comments, was prepared pursuant to CEQA requirements and is attached as "Attachment 7" to the Council staff report dated February 19, 2013, and incorporated herein 2 by reference. 3 C. The Mayor and Common Council exercised independent analysis and judgment in 4 its review of the Spring Trails Project Final EIR, and considered all contents of the Final EIR prior to taking an action on certification of the Final EIR, and prior to making a decision on 5 the Project. 6 D. The Final EIR has identified all significant adverse environmental effects of the 7 Project as set forth in the Facts, Findings and Statement of Overriding Considerations, 8 attached as "Attachment 8" to the Council staff report dated February 19, 2013, and incorporated herein by reference. 9 E. Although the Final EIR identifies certain significant adverse environmental effects 10 that would result if the Project is approved, all significant adverse environmental effects that 11 can feasibly be avoided or mitigated, will be avoided or mitigated by the implementation of the mitigation measures as set forth in the Mitigation Monitoring and Reporting Plan for the 12 Final EIR. The Mitigation Monitoring and Reporting Plan is attached as "Attachment 6" to 13 the Council staff report dated February 19, 2013, and incorporated herein by reference. 14 F. Potential mitigation measures and other Project alternatives not incorporated into or adopted as part of the Project were rejected as infeasible, based on specific economic, social 15 or other considerations as set forth in the Facts, Findings and Statement of Overriding 16 Considerations. 17 G. The Mayor and Common Council has given great weight to the significant 18 unavoidable adverse environmental impacts identified in the Final EIR. The Mayor and Common Council find that the significant unavoidable adverse environmental impacts are 19 clearly outweighed by the economic, social and other benefits of the Project as set forth in the 20 Facts, Findings and Statement of Overriding Considerations. 21 H. The Mayor and Common Council hereby finds that the findings contained in the Facts, Findings and Statement of Overriding Considerations with respect to the significant 22 impacts identified in the Final EIR for the Spring Trails Project, are true and correct, and are 23 based on substantial evidence in the record, including documents comprising the Final EIR. 24 I. The Final Environmental Impact Report; Mitigation Monitoring and Reporting Plan; 25 and the Facts, Findings and Statement of Overriding Considerations reflect the independent review, analysis and judgment of the Mayor and Common Council of the City of San 26 Bernardino. 27 28 3 MC-1386 1 SECTION 3. CERTIFICATION OF THE ENVIRONMENTAL IMPACT REPORT THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 2 HEREBY FIND that the Final EIR for the Spring Trails Project (SCH #2009111086) is 3 adequate and complete in that it addresses the environmental effects of the Project and fully 4 complies with the requirements of the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City's Environmental Review Procedures. The Final EIR is 5 hereby certified; the Facts, Findings and Statement of Overriding Considerations are hereby 6 adopted; and the Mitigation Monitoring and Reporting Plan is hereby adopted. 7 SECTION 4. DEVELOPMENT CODE AMENDMENT 12-10 8 Development Code Amendment No. DCA 12-10 (attached as Exhibit 1 to this 9 Ordinance and incorporated herein by reference) is hereby approved based upon the Findings 10 of Fact contained in the Staff Report to the Mayor and Common Council dated February 19, 2013, and incorporated herein by reference. Development Code Section 19.10.030 is hereby 11 amended to add Subsection(7) as shown in Exhibit 1. 12 SECTION 5. NOTICE OF DETERMINATION 13 In accordance with the provisions of this Ordinance, the Planning Division is hereby 14 directed to file a Notice of Determination with the County of San Bernardino Clerk of the 15 Board of Supervisors certifying the City's compliance with the California Environmental 16 Quality Act in preparing and adopting the Final Environmental Impact Report; the Facts, Findings and Statement of Overriding Considerations; and the Mitigation Monitoring and 17 Reporting Plan for the Project. The Planning Division shall forward a copy of the Notice of 18 Determination to the State Clearinghouse. 19 20 21 22 23 24 25 26 27 28 4 MC-1386 ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 1 BERNARDINO ADOPTING THE FACTS, FINDINGS AND STATEMENT OF 2 OVERRIDING CONSIDERATIONS; CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT; ADOPTING THE MITIGATION 3 MONITORING AND REPORTING PLAN; AND ADOPTING DEVELOPMENT 4 CODE AMENDMENT NO. DCA 12-10 TO ADD THE SPRING TRAILS SPECIFIC PLAN TO THE LIST OF SPECIAL PURPOSE DISTRICTS AND RECOGNIZE THE 5 SPECIFIC PLAN'S DEVELOPMENT STANDARDS. 6 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor 7 and Common Council of the City of San Bernardino at a L. reg. meeting thereof, held on 8 9 the 4th day of March 2013, by the following vote to wit: 10 11 Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ x 12 x JENKINS 13 VALDIVIA x 14 SHORETT x 15 KELLEY x 16 JOHNSON x I 17 MC CAMMACK x 18 19 t� Georgeann Hanna, City Clerk 20 T0 21 The foregoing Ordinance is hereby approved this 1 day of March , 2013. 22 Q 23 � PAT CK J. ORRIS, Mayo 24 City of ernazdino 25 Approved as to form: 26 JAMES F. PENMAN City Attorney 27 28 By: .�. 5 MC-1386 EXHMff 1 CHAPTER 19.10 SPECIAL PURPOSE DISTRICTS 19.10.030 LAND USE DISTRICT SPECIFIC STANDARDS 7. Specific Plan No. 10-01,Spring Trails This Specific Plan district is intended to provide for the development of 304 single-family lots 107.8 acres of open space hiking trails roadways and three detention basins on the 352.8-acre project site formerly known as the Martin Ranch. The site is located in the unincorporated area of Verdemont in San Bernardino County north of Meyers Road and northwest of the northerly terminus of Little League Drive.