HomeMy WebLinkAbout29- Planning & Building Services CITY OF SAN BERNAF )INO - REQUEST FOR --4.OUNCIL ACTION
From: Al Boughey, Director Subject: Appeal of Tentative Tract No. 15303
and Conditional Use Permit No. 91-29
Dept: Planning & Building Services (Arrowhead Springs)
Date: November 2, 1995 MCC Date: November 20, 1995
Synopsis of Previous Council Action:
None
Recommended Motion:
That the hearing be closed and that the Mayor and Common Council adopt the Resolution that certifies the
EIR, adopts the Mitigation Monitoring and Reporting Program and the Findings and Statement of Overriding
Consideration and approve Tentative Tract No. 15303 and Conditional Use Permit No. 91-29 modifying
Condition of Approval 11, denying the appeal for denial of the project, and upholding the Planning
Commission approval.
Al Bug y
Contact person: Al Boughey Phone: _384-5357
Supporting data attached: Staff Report and Resolution Ward: 4
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.) N/A
(Acct. Description)
Finance:
Council Council Notes: t�ep!s — ilo
Agenda Item No. oZ
0
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT: APPEAL OF TENTATIVE TRACT NO. 15303 AND
CONDITIONAL USE PERMIT NO. 91-29
(ARROWHEAD SPRINGS)
Mayor and Common Council Meeting November 20, 1995
REQUEST/LOCATION: Tentative Tract No. 15303 is a request to subdivide 93.8 acres into
112 single-family lots and four open space lots. Conditional Use Permit No. 91-29 is a request
to allow the creation of 22 of the lots included in Tentative Tract No. 15303 in the Hillside
Management Overlay District. The project is located south of Highway 18 at the termination
of Arrowhead Road (See Exhibit 1).
Two appeals of the September 19, 1995 Planning Commission approval of Tentative Tract No.
15303 and Conditional Use Permit No. 91-29 (Arrowhead Springs Project) have been filed, one
by Bert Upson of 757 East Arrowhead Road and the second by Warner Hodgdon representing
Rancho San Andreas Company, which owns property at 405 Arrowhead Road (See Exhibit .
Mr. Upson in his appeal is also representing Dirk Upson and Karin Upson, also of 757 East
Arrowhead Road, Betty Upson of 725 East Arrowhead Road, and Mary Luly of 754 East
Arrowhead Road.
KEY POINTS: There are several key points which have been identified as follows:
Bert Upson Appeal
• Mr. Upson, et. al. are concerned that the project will devastate a large wildlife
area and change the environment and quality of life of residents of Arrowhead
Road.
• As identified in the project Environmental Impact Report (EIR):
1. The site is located within the Biological Resources Management Overlay
District. Two regionally significant perennial waterways, Waterman
Creek and East Twin Creek traverse portions of the site and support
riparian-dependent plant and animal communities.
2. Although portions of the site have previously been modified and disturbed,
the site still contains a diversity of habitats, including Riversidean Sage
Scrub, Alluvial fan sage scrub, mixed chaparral, scrub oak chaparral,
il► i
Appeal of Tentative Tract No. 15303 and
Conditional Use Permit No. 91-29
(Arrowhead Springs)
Mayor and Common Council Meeting November 20, 1995
Page 2
annual grassland, southern mixed riparian forest, southern willow riparian
forest, southern sycamore woodland, coast live oak woodland,
horticultural, ruderal and open water communities.
3. The riparian areas provide regionally significant wildlife movement
corridors. The Riversidean sage scrub and chaparral habitats are
important to a number of species uniquely adapted to these areas.
4. The proposed project will result in the loss of 57.77 acres of habitat
comprising 40 acres of annual grassland, 7.4 acres of ornamental trees,
0.1 acres of Riversidean sage scrub, 3.65 acres of alluvial fan sage scrub,
0.6 acres of chaparral, 0.07 acres of oak woodland, 0.65 acres of riparian
habitat, 3.4 acres of open water, and 1.8 acres of ruderal vegetation.
5. The loss of 3.75 acres of alluvial sage scrub is considered a significant
unavoidable adverse impact of the proposed project. The road corridor
will isolate the majority of the percolation basin in the Waterman
Spreading Grounds from East Twin Creek, which serves as a major
movement corridor for animals moving into and out of the area.
O Approval of the project by the Planning Commission required a Statement of
Overriding Consideration for the unavoidable impacts to biology and unavoidable
seismological impacts, that found the project benefits of an upper scale residential
development in the foothills to outweigh the unavoidable environmental impacts.
o The project site is designated for residential development under the General Plan,
it is not designated for open space.
o To deny the project based on a desire to retain the site as open space and disallow
residential development could be considered a taking of private property.
o The Mayor and Council may, however, choose to disagree with the Planning
Commission and determine that the project benefits do not outweigh the
unavoidable environmental impacts, and deny the project. A denial based on the
unavoidable environmental effects would not be considered a taking.
0
Appeal of Tentative Tract No. 15303 and
Conditional Use Permit No. 91-29
(Arrowhead Springs)
Mayor and Common Council Meeting November 20, 1995
Page 3
Warner Hod dg on Appal
o Mr. Hodgdon's appeal is based upon concern over Condition of Approval No. 11,
which restricts the access from Arrowhead Road onto Highway 18 to a right-
in/right out only configuration. This means that the existing residents living on
Arrowhead Road would not be able to make a left-turn south on to Highway
18/Waterman Road from Arrowhead Road.
O City Fire, Engineering and Planning staff have worked with the applicant and Mr.
Hodgdon in an effort to formulate an alternative to the right-in/right-out
restriction on Arrowhead Road imposed by Condition of Approval No. 11.
o The applicant now proposes to place a gate at the juncture of the Arrowhead Road
extension and the project spine road. The gate would restrict 100 of the 112
homes proposed by the Arrowhead Springs Project to utilizing 40th Street for
access.
O With installation of the gate, only 12 of the homes proposed by the Arrowhead
Springs project would utilize Arrowhead Road.
o CALTRANS has indicated that if only 12 of the homes proposed by the
Arrowhead Springs project were to use Arrowhead Springs Road, the right-in/
right-out restriction on Arrowhead Road could be eliminated (See Exhibit 5).
o The proposed gate includes an automatic opening feature that allows the traffic
on Arrowhead Road to utilize the Arrowhead Springs Project for access south to
40th Street providing a secondary means of access which the residents on
Arrowhead"Road currently do not have. A Knox emergency opening feature on
the gate would allow the Fire Department to open the gate in emergencies
providing a second means of egress for the Arrowhead Springs Project residents.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) STATUS
An EIR was prepared for the project. The EIR identifies two (2) significant unavoidable impacts
as a result of the project; biology and earth/geology (seismology). These environmental issues
are discussed in detail in the Planning Commission staff report of August 22, 1995.
The Planning Commission certified the EIR at their September 19, 1995 meeting and approved
Appeal of Tentative Tract No. 15303 and
Conditional Use Permit No. 91-29
(Arrowhead Springs)
Mayor and Common Council Meeting November 20, 1995
Page 4
the project. Should the Mayor and Common Council uphold the Planning Commission approval
of the project, certification of the EIR and adoption of the Findings and Statement of Overriding
Consideration will be necessary.
PLANNING COMMISSION:
At their meeting of September 19, 1995, the Planning Commission certified the EIR, adopted
the Findings and Statement of Overriding Consideration and Mitigation Monitoring Program and
approved Tentative Tract No. 15303 and Conditional Use Permit No. 91-29. The Planning
Commission vote for approval was: Ayes - Cole, Gonzales, Hamilton, Strimpel and Thrasher;
Nays -Schuiling and Traver; Abstain -Stone; Absent -Brue.
OPTIONS AVAILABLE TO THE MAYOR AND COMMON COUNCIL: The Mayor and
Common Council May:
1. Adopt the resolution certifying the EIR and adopting the Statement of Overriding
Consideration and Mitigation Monitoring and Reporting Program, denying Mr.
Upson's appeal and Mr. Hodgdon's appeal and uphold the Planning Commission
approval of the Project.
2. Adopt the resolution certifying the EIR and adopting the Statement of Overriding
Consideration and Mitigation Monitoring and Reporting program, denying Mr.
Upson's appeal, upholding Mr. Hodgdon's appeal and uphold the Planning
Commission approval of the project subject to amending Condition of Approval
No. 11 gating the project and eliminating the need for the right-in/right-out
restriction on Arrowhead Road.
3. Uphold Mr. Upson's appeal, denying Mr. Hodgdon's appeal and denying
Tentative Tract No. 15303 and Conditional Use Permit No. 91-29.
RECOM[ ENDATION:
Staff recommends that the hearing be closed and that the Mayor and Common Council deny the
appeal and adopt the resolution certifying the EIR and adopting the Mitigation Monitoring
Program and Statement of Overriding Consideration and approves Tentative Tract No. 15303
and Conditional Use Permit No. 91-29, modifying Condition of Approval No. 11, and upholding
the Planning Commission approval.
Appeal of Tentative Tract No. 15303 and
Conditional Use Permit No. 91-29
(Arrowhead Springs)
Mayor and Common Council Meeting November 20, 1995
Page 5
Prepared by: Michael R. Finn, Associate Planner
for Al Boughey, Director of Planning and Building Services
Exhibit 1 Location Map
Exhibit 2 August 22, 1995 Planning Commission Staff Report*
Attachment A Location Map (Included as Exhibit 1)
Attachment B Tentative Tract Map
Attachment C-1 Development Code and General Plan Consistency
Attachment C-2 Development Code and General Plan Consistency with the
Hillside Management Overlay District
Attachment D-1 Tentative Tract Findings of Fact and Conditional Use
Permit Findings of Fact Supporting Denial
Attachment D-2 Tentative Tract Findings of Fact and Conditional Use
Permit Findings of Fact Supporting Approval
Attachment E Conditions of Approval
Attachment F Standard Requirements
Attachment G-1 Arrowhead Springs Draft Environmental Impact Report
(April 1992) (Included as Attachment A to Exhibit 4)
Attachment G-2 Arrowhead Springs Draft Environmental Impact Report,
Volume 2,Technical Appendices (April 1992) (Included As
Attachment A to Exhibit 4)
Attachment G-3 Arrowhead Springs Recirculated Environmental Impact
Report, Responses to Comments to April 1992 Draft EIR
(28 June 1994) (Included as Attachment B to Exhibit 4)
Attachment G-4 Arrowhead Springs Responses to Comments on
Recirculated EIR (November 3, 1994) (Included as
Attachment C to Exhibit 4)
Attachment G-5 Arrowhead Springs Environmental Impact Report
Mitigation Monitoring and Reporting Program (November
3, 1994) (Included as Attachment D to Exhibit 4)
Attachment I-1 Exhibit showing that Lots 57, 58, 71 and 72 are buildable
while meeting the 50 foot wet zone requirements
Attachment H Tentative Tract No. 15303 and Conditional Use Permit No.
91-29 background
Attachment I-2 Exhibit showing that Lots 26 through 30 are buildable
while meeting the 30 foot building separation requirements
of Fire Zone B
0
Appeal of Tentative Tract No. 15303 and
Conditional Use Permit No. 91-29
(Arrowhead Springs)
Mayor and Common Council Meeting November 20, 1995
Page 6
Attachment I-3 July 26, 1995 Letter from San Bernardino County Flood
Control District, Including Attached Letter dated July 24,
1995 from the Arrowhead Country Club.
Exhibit 3 September 19, 1995 Planning Commission Staff Report*
Attachment 1 Conditions of Approval and Standard Requirements
Attachment 2 Board of Supervisor's Staff Report for the Agreement
Exhibit 4 Resolution Certifying the EIR and Adopting the Statement of Overriding
Consideration and Mitigation Monitoring and Reporting Program
Attachment A Draft EIR Volumes 1 and 2 (April 1992)*
Attachment B Recirculated EIR (28 June 1994)*
Attachment C Responses to Comments on the Recirculated EIR
(November 3, 1994)*
Attachment D Mitigation Monitoring and Reporting Program*
Attachment E Findings and Statement of Overriding Consideration.*
Exhibit 5 Letter from CALTRANS
Exhibit 6 Revised Condition of Approval No. I1
* Forwarded to the Mayor and Common Council under separate cover
� 11:
CITY • - • � • - D•
ITEM #
AND BUILDING SERVICES DEPARTMENT
CASE
LOCATION HEARING DATE
rim
NIF
OFAW
oil X\X7
1OW I-1. �
I•,
.r,
FROM :CALTRANS-TRIMS.PLNG :93845155 EXMIT 5
STATE Of CALIFORNIA=BUSINCSS, TRANSPOVA)ION AND NOUSINC AGFNCy
DEPARTMENT OF TRANSPORTATION PEI' WILSON, covornc
D'STRICI 8, P.A. BOX 231
.SAN BERNARDINO, CAIIFORNIA 99A02
TDD (909( 303.59b9
(r-
November 1, 1995
08-Sbd-18-7. 5
Mr. Michael Finn
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
Dear Mr. Finn:
Tentative ��ract 15303
Regarding our conversation on the above-referenced document,
we feel the impact of twelve homes to the original one-hund
not significant to States
Route 18 (SR18) , red is
(909) If You ave any queations'_
Please contact Diane Keel at
3837934 .
Sincerely,
HARVEY J. S YER, C self
Office Of San Bernardino
County Regional planning
EXHIBIT 6
11. A gate shall be constructed per the approved conceptual gate plan at the juncture of the
Arrowhead Road extension and the project main spine road. The gate shall be placed
such that no more than 12 of the homes proposed by Tentative Tract No. 15303 and
Conditional Use Permit take unrestricted access to Highway 18 from Arrowhead Road.
The gate shall include an automatic opening feature for traffic on Arrowhead Road
wishing to travel south and use the 40th Street access, and a Knox Box locking feature
to prevent those proposed homes on the east side of the gate from utilizing Arrowhead
Road for access to Highway 18 under normal circumstances, and access to Highway 18
under emergency circumstances. Final design shall be subject to review and approval
of the Fire Chief, the City Engineer, and the director of Planning and Building Services.
0
CITY OF SAN BERNARDINO
INTEROFFICE MEMORANDUM
TO: Mayor and Common Council
FROM: Henry Empeno Jr., Deputy City Attorney
DATE: November 20, 1995
RE: Agenda Item #29
REVISED FORM MOTION:
That the hearing be closed; and that the Mayor and Common Council adopt the
resolution that certifies the Environmental Impact Report, adopts the Mitigation
Monitoring/Reporting Program and the findings and statements of overriding
consideration and approve Tentative Tract No. 15303 and Conditional Use Permit
No. 91-29, subiect to the Conditions of Approval and the Standard
Requirements attached to the Staff Report, modifying Condition of Approval 11,
denying the appeal for denial of the project, and upholding the Planning Commission's
approval. (Added portion underlined)
Entered into Record at
t CouncillCmy0e4ms Mtg: �i�a o /?,F
HENRY EMPENO, JR., by
Deputy City Attorney
re Agenda Item
ONWAWPOWN
City ClerkICDC Secy
City of San Bernardino
HE\dm\mem29