Needles City Council
February 14, 2023

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(ACT) – ACTION NEEDED
(INF) – INFORMATION ONLY
(DIS) – DISCRETIONARY

A G E N D A

REGULAR MEETING OF THE CITY COUNCIL,

NEEDLES PUBLIC UTILITY AUTHORITY

CITY OF NEEDLES, CALIFORNIA
TUESDAY, FEBRUARY 14, 2023
COUNCIL EXECUTIVE SESSION – 5:00 P.M.

CITY COUNCIL MEETING – 6:00 P.M.

CITY COUNCIL CHAMBERS
1111 BAILEY AVENUE, NEEDLES

THE PUBLIC MAY ATTEND VIA TEAMS AND MAY SUBMIT ANY COMMENTS IN WRITING PRIOR TO NOON ON THE DAY OF THE MEETING BY EMAILING [email protected] TO JOIN THE LIVE TEAMS MEETING log into the City of Needles website at www.cityofneedles.com to access the agenda and Click here to join the meeting If asked, enter the following: Meeting ID: 246 542 070# OR listen in and participate by calling Teams: 1-323-488-2227 - Meeting ID: 246 542 070# The meetings are being recorded - MASKS ARE ENCOURAGED

CALL TO ORDER

ROLL CALL

RECESS THE CITY COUNCIL MEETING AND CONVENE A JOINT COUNCIL / NPUA MEETING CALL TO ORDER (Roll Call previously taken)
PUBLIC COMMENTS PERTAINING TO THE EXECUTIVE SESSION ITEMS (A three-minute time limit per person has been established.)

RECESS TO EXECUTIVE SESSION
a) Conference with Legal Counsel – Existing Litigation (Gov’t Code § 54956.9(d)(1)) In re: City of Needles v. Jean E. Jones, et al. - 1202 W. Broadway, California Superior CourtCounty of San Bernardino (Case No. CIVSB2116334) b) Conference with Legal Counsel – Existing Litigation (Gov’t Code § 54956.9(d)(1)) In re: City of Needles v. Khilia Scroggins, et al. – 1921 Rio Vista, California Superior CourtCounty of San Bernardino (Case No. CIVSB2130671) c) Conference with Legal Counsel – Existing Litigation (Gov’t Code § 54956.9(d)(1)) In re: City of Needles v. Jonathan & Linda Rivera, et al. California Superior Court-County of San Bernardino (Case No. CIVDS2022575)
d) Conference with Legal Counsel regarding potential initiation of litigation pursuant to Government Code Section 54956.9(d)(4) One (1) potential case
e) Conference with Legal Counsel Regarding Potential Initiation of Litigation Pursuant to Government Code Section 54956.9(d)(4). (one potential case). f) NPUA/COUNCIL: - Conference with Legal Counsel regarding potential initiation of litigation pursuant to Government Code Section 54956.9(d)(4) one potential case 021423regccnpuaag 2
EXECUTIVE SESSION – Report by City Attorney
ROLL CALL (Previously Taken)

INVOCATION

PLEDGE OF ALLEGIANCE

APPROVAL OF AGENDA

CONFLICT OF INTEREST

CORRESPONDENCE

INTRODUCTIONS
CITY ATTORNEY Parliamentary procedures
As a courtesy to those in attendance, we would ask that cell phones be turned off or set in their silent mode. Thank you.

PUBLIC APPEARANCE – Persons wishing to address the City Council/Needles Public Utility Authority on subjects other than those scheduled are requested to do so at this time. When called by the Mayor, please announce your name and address for the record. In order to conduct a timely meeting, a three-minute time limit per person has been established by Municipal Code Section 2-18.

Amendments to the California Government Code Section 54950 prohibits the City Council from taking action on a specific item until it appears on the agenda.

PUBLIC COMMENTS PERTAINING TO NPUA/ COUNCIL ITEMS (A three-minute time limit per person has been established.)
NPUA / COUNCIL CONSENT CALENDAR: All matters listed on the Consent Calendar are considered to be routine and will be enacted by one motion in the form listed. The Mayor or any member of the NPUA / City Council may pull an item from the Consent Calendar for discussion. Prior to NPUA / Council action, a member of the public may address the NPUA / City Council on matters scheduled on the Consent Calendar. A three-minute time limit per person applies. Recommended Action: Approve Items 1 through 3 on the Consent Calendar by affirmative roll call vote. (ACT) 1) Award Bid to Phillips Excavating, Inc. for the installation portion of the Water Meter Replacement Project in the amount of $561,306 plus 10% contingency for a total project cost of $617,437 and authorize staff to execute the Public Works Agreement with Phillips Excavating, Inc. and move forward with the Notice of Award and Notice to Proceed
2) Approve Task No. 6 with Petrelli Electric to replace poles in alley between Coronado and Balboa under the Electric Circuit Reliability Program to complete the Electric System Improvements at a cost not to exceed $202,000 using funds from The Electric System Asset Replacement Fund 3) Approve installation of streetlights on the east side of Clary Drive in the amount of $16,192.36 using the electric asset replacement funds or include the streetlights in the ADP project scope for the west side

REGULAR ITEMS
4) NPUA/Council – Adopt the proposed revised NPUA budget for fiscal year ending June 30, 2023, NPUA Resolution 02-14-2023-NPUA amending Resolution 06-14-2022-NPUA (ACT)

RECESS THE JOINT NPUA / COUNCIL MEETING AND RECONVENE THE COUNCIL MEETING PUBLIC COMMENTS PERTAINING TO THE COUNCIL ITEMS (A three-minute time limit per person has been established.)
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5) Chamber of Commerce update on Visitor Center (INF)
6) General Plan Study Session amending the City Code and Land Use Map associated with the General Plan Update and adoption of a Mitigated Negative Declaration / Initial Study (DIS)

PUBLIC HEARING
7) Public hearing noticed to consider all evidence and testimony for or against amending Chapter 8, Finance, Article II, Section 8-9 Purchasing
➢ Staff Report
➢ Council questions of staff
➢ Mayor to open the public hearing
➢ Public Comment
➢ Mayor to close the public hearing
➢ Council Discussion / Deliberation
➢ Ordinance No. 658-AC amending Chapter 8 Finance, Article II, Section 8-9 Purchasing (ACT) CONSENT CALENDAR: All matters listed on the Consent Calendar are considered to be routine and will be enacted by one motion in the form listed. The Mayor or any member of the City Council may pull an item from the Consent Calendar for discussion. Prior to Council action, a member of the public may address the City Council on matters scheduled on the Consent Calendar. A three-minute time limit per person applies. Recommended Action: Approve Items 8 through 15 on the Consent Calendar by affirmative roll call vote. (ACT)
8) Approve the warrants registers of February 14, 2023
9) Award bid to John Simmons Roofing for Bid Alternate No. 2 for roof improvements at 817 Third Street in the amount of $144,350 with a total project cost of $158,785 which includes a 10% contingency using $122,048 from the Admin Facility Property Capital Buildings Fund and the remainder of $36,737 from General Fund Reserves and authorize staff to issue a Notice of Award and Notice to Proceed
10) Accept the proposal from the Fort Mohave Indian Tribe (FMIT) exclusively to provide Cultural Resource Monitoring during construction activities at the Lillyhill Water Booster Pump Station site not to exceed $30,611.40 using funds from the California State Water Resources Control Board grant and authorize staff to issue a purchase order without the benefit of a competitive bid process 11) Accept the proposal submitted by Cyle George and Gabriel Pecina for the Public Art Mural(s) to be painted within the bowls of the Skate Park for an amount not to exceed $15,000 using funds from the general fund reserves and authorize staff to issue a purchase order 12) Authorize a one-time transfer of $187,844.01 into the Water Infrastructure account and allocate $7,700 to Needles Tourism, $13,000 to Fire House Ministries and $10,000 to the Needles Rodeo Association to be funded by the City’s Coronavirus State and Local Fiscal Recovery Funds (SLFRF) allocation
13) Waive the second reading and adopt Resolution 2023-11 changing the Planning Commission Meetings to every 1st Wednesday of the month at 4:00 PM effective February 28, 2023 14) Approve a letter from the Mayor supporting Legislation SB14 to include human trafficking as a serious and violent crime under California law
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15) Approve additional fees of $7,500 to BNSF Railway Company in accordance with the Barrier for Underpass Agreement and Easement Agreement for the K Street Barrier project End of Consent

REGULAR ITEMS
PUBLIC COMMENTS PERTAINING TO THE COUNCIL ITEMS (A three-minute time limit per person has been established.)
16) Destination 66 Mixed Use Development Agreement and Option update between the city and Ashot Minasian for property generally located at the north west corner of W. Broadway and G Street, APN’s 0186-095-04-0000 and 0186-095-03-0000 (ACT) 17) Resolution No. 2023-12 authorizing the City Council to assume the governing body responsibilities for the Needles Housing Authority (ACT)
18) Authorize those interested to attend the Innovating Commerce Serving Communities (ICSC) Event at the Las Vegas Convention Center on May 21-23, 2023 using funds from the travel per diem account (ACT)
19) Authorize those interested to attend the League of California Cities Desert Mountain Division meeting scheduled for February 17, 2023, in Apple Valley using funds from the travel per diem account (ACT)

CITY ATTORNEYS REPORT

CITY MANAGERS REPORT

COUNCIL REQUESTS
Councilmember Campbell
Councilmember McCorkle
Councilmember Merritt
Councilmember Pogue
Councilmember Belt
Councilmember Longbrake
Mayor Jernigan

ADJOURNMENT

INTERNET ACCESS TO CITY COUNCIL AGENDAS AND STAFF REPORT MATERIAL

IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT
http://www.cityofneedles.com
Posted February 10, 2023
SB 343-DOCUMENTS RELATED TO OPEN SESSION AGENDAS -- Any public record, relating to an open session agenda item, that is distributed within 72 hours prior to the meeting is available for public inspection at the City Clerk’s Office, 817 Third Street, Needles, CA 92363.

In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (760) 326-2113 ext 145.

Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-104 ADA Title II).

I hereby certify, under penalty of perjury under the laws of the State of California that the foregoing Agenda was posted at the front entrance of City Hall not less than 72 hours prior to the meeting.

Dated this 10th day of February 2023
_________________________
Dale Jones, CMC, City Clerk

City of Needles
Land Use & Transportation Element
Lead Agency:

CITY OF NEEDLES
817 Third Street
Needles, CA 92363
Contact: Patrick Martinez,
Director of Development Services
760.326.2113
Prepared by:

PLACEWORKS
3 Macarthur Place, #1100
Santa Ana, CA 92707
Contact: Colin Drukker, Principal
714-966-9220
PUBLIC REVIEW DRAFT, VERSION 2
February 2023

PUBLIC REVIEW DRAFT
Land Use & Transportation Element City of Needles

TABLE OF CONTENTS
Background.................................................................................................................................................1 Purpose .......................................................................................................................................................... 1 Planning Context............................................................................................................................................ 1 Citywide Vision............................................................................................................................................... 2 Land Use.....................................................................................................................................................3 Goals & Policies.............................................................................................................................................. 3 Implementation ............................................................................................................................................. 4 Transportation............................................................................................................................................5 Goals & Policies.............................................................................................................................................. 5 Implementation ............................................................................................................................................. 7 Exhibits.......................................................................................................................................................8 Exhibit 1: Land Use and Zoning Designations ................................................................................................8 Exhibit 2: Land Use and Zoning Map............................................................................................................ 10 Exhibit 3: Downtown Core Boundaries........................................................................................................ 11 Exhibit 4: Roadway Network........................................................................................................................ 12 Exhibit 5: Bicycle and Pedestrian Network .................................................................................................. 13 Exhibit 6: Transit Network............................................................................................................................ 14 Exhibit 7: Truck Network.............................................................................................................................. 15 Exhibit 8: Airport Safety and Planning Area................................................................................................. 16 Exhibit 9: Street Sections ............................................................................................................................. 17 Funding Sources
The City received a $160,000 from the State of California in 2020 through the SB 2 Planning Grants Program and $203,987 from Caltrans in 2020 through the SB 1 Sustainable Communities Grants Program to update its existing Land Use and Transportation Elements to bring the City into compliance with state law and create a better community for residents, businesses, and visitors of Needles. The City supplemented this funding with local match dollars and staff resources.

As directed by Caltrans funding requirements, the following copyright notice is applied, although there shall be no limitation on the City of Needles on the use or distribution of this document or its contents. ©2023 California Department of Transportation and AGENCY. All Rights Reserved.

PUBLIC REVIEW DRAFT
Land Use & Transportation Element 1 City of Needles

BACKGROUND
Purpose
The Land Use and Transportation Element provides the long-term planning direction on the orderly growth and management of Needles through a series of goals, policies, maps, and tables. This Element addresses the physical pattern of development, the location and interaction of various land uses, and the design and extent of transportation networks to foster a more enjoyable and prosperous life in Needles.

Planning Context
The broader planning context for Needles spans across three states in the southwest US: the vast stretches of undeveloped desert land in California; the Colorado River as the eastern border and primary resource for economic development, water, and energy; the Mojave Valley and nearby cities and towns in Arizona and Nevada; and, from a regulatory and economic perspective, the whole of Southern California.

The City’s official planning context is referred to as its sphere of influence (SOI) and represents the land area where future urbanized development will most likely be serviced by the City of Needles. The SOI includes both area within the incorporated boundaries and adjacent unincorporated areas and represents over 350,000 acres (556 square miles) of land.

The vast majority of the unincorporated SOI is owned and controlled by the federal government and is unlikely to be urbanized through conventional development within the next 20 to 50 years. The incorporated SOI is large enough to provide opportunities for urban development for decades to come, with city boundaries encompassing nearly 20,000 acres (31 square miles), of which roughly 2,200 acres are currently used for urban activities and the balance is vacant.

PUBLIC REVIEW DRAFT
Land Use & Transportation Element 2 City of Needles
Accordingly, the City’s General Plan focuses its attention on the incorporated boundaries. From a planning perspective, the City considers the County of San Bernardino’s Policy Plan to be the guiding planning document for the entirety of the unincorporated SOI.

Citywide Vision
Needles is a prosperous, safe, full-service city along the Colorado River amidst the beauty of the Mojave Desert.

Housing options range from large and secluded rural homes to clusters of single family and multifamily homes in neighborhoods to higher density options along the water and in the downtown. With continual population growth, a greater number and variety of retail stores choose to locate in Needles and enhance local access to essential goods and services. The vibrant and walkable downtown is where the community comes to shop, dine, gather, and celebrate its history and culture. The City coordinates closely with the primary and secondary school districts to enhance educational and training opportunities for those growing up and continuing to learn in Needles. People of all ages and abilities can move around Needles safely and efficiently along citywide networks that support those traveling by car, bus, bike, or foot.

Economic opportunities include jobs for the local community, the ability to start a small business and expand a growing business, and the entrepreneurial spirit to support pioneering industries that can leverage Needles’ unique location and access to plentiful water and low-cost energy. Daytime and overnight visitors enjoy incredible access to the River, the surrounding desert, and convenient shops and restaurants.

The City maintains and improves the quality of life for and safety of its residents, workers, and visitors through ongoing and strategic public improvements to essential infrastructure, public services, and community facilities. Underlying all City decisions is an approach to governance that embraces flexibility while adhering to tenets of fiscal sustainability and incorporating long-term thinking into short-term decision-making.

Note: The above vision statement is intended to be inspirational and set the direction for the General Plan's goals, policies, maps, and tables, as well as implementation programs, City Council Goals, and other long-term planning efforts.

PUBLIC REVIEW DRAFT
Land Use & Transportation Element 3 City of Needles

LAND USE
Goals & Policies
GOAL LU-1 ACOMPATIBLE ANDBALANCED MIXOF LANDUSES THAT ENABLE PEOPLE TOLIVE

AND WORK IN NEEDLES
Policy LU-1.1 Growth management. Encourage new development to take place in areas that are already served by existing utilities, expanding and improving systems and capacity as appropriate and fiscally sustainable. Discourage development and extension of services outside of the City’s incorporated boundaries.

Policy LU-1.2 New housing construction. Promote and facilitate residential development to provide housing opportunities for those working in Needles and to help attract and retain key commercial services within Needles. Expand opportunities for multifamily and mixed-use residential development into General Commercial areas.

Policy LU-1.3 Compatibility with existing uses. Require that new development be located, scaled, buffered, and designed to minimize negative impacts on existing conforming uses and adjacent neighborhoods. Require new residential development to be located, scaled, buffered, and designed so as to not hinder the viability and continuity of existing conforming nonresidential development.

Policy LU-1.4 Compatibility with planned uses. Require that new development and proposed general plan amendments are located, scaled, buffered, and designed to minimize negative impacts both on and from adjacent areas as designated on the Land Use Map.

Policy LU-1.5 Land use buffers. Require appropriate buffering between commercial, manufacturing, and other land use/zoning designations, considering noise, odors, vibration, emissions, and vehicular traffic.

Policy LU-1.6 Cannabis dispensaries. Limit retail cannabis dispensaries to General Commercial areas that are outside of the downtown core and adjacent to residential neighborhoods.

Policy LU-1.7 Environmentally sensitive development. Require new development to maximize its compatibility with the natural environment and avoid expansions or encroachments into environmentally sensitive areas.

Policy LU-1.8 Public facilities. Plan and coordinate to locate land and size facilities dedicated to open space, parks, education, and other public uses as appropriate to serve existing and future residents.

GOAL LU-2 A DIVERSIFIED LOCAL ECONOMY THAT CREATES JOBS AND A SUSTAINABLE

REVENUE STREAM
Policy LU-2.1 Business attraction and investment. Expand economic investment and high quality job opportunities through reinvestment by existing businesses and new investment from new businesses, particularly those that will provide jobs for Needles residents.

PUBLIC REVIEW DRAFT
Land Use & Transportation Element 4 City of Needles
Policy LU-2.2 Workforce development. Facilitate engagement between local businesses and the Workforce Development Board, the community college, and school district to support hiring, training, and retention of workers.

Policy LU-2.3 Energy and water advantages. Conduct marketing and economic development activities to attract new businesses that can leverage Needles’ energy and water advantages.

Policy LU-2.4 Rivers Edge. Promote management of the Rivers Edge Golf Course to a fiscally sustainable format.

GOAL LU-3 EXPANDED AND IMPROVED PUBLIC ACCESS AND USE OF THE COLORADO RIVER Policy LU-3.1 River improvements. Promote the public and seasonal use of the River through public improvements.

Policy LU-3.2 New development. Leverage public property to facilitate hotel and resort development and expand public access to and use of the Colorado River.

Policy LU-3.3 Open space and recreation. Seek to expand or create large public open space and recreation space along the Colorado River.

GOAL LU-4 A PEDESTRIAN AND EXPERIENCE-ORIENTED DOWNTOWN CORE THAT SERVES AS

A LOCAL GATHERING PLACE AND REGIONAL DESTINATION
Policy LU-4.1 Downtown core. Promote the development of higher intensity residential, commercial, and mixed-use development in the downtown core, with building and site designs that facilitate a walkable, experience-oriented atmosphere.

Policy LU-4.2 Downtown spaces and programming. Establish, design, maintain, and program public spaces in the downtown core for public gathering, community activities, and tourism-generating events, particularly along or connecting to Broadway and Santa Fe Park.

Policy LU-4.3 Adaptive reuse. Encourage the adaptive reuse of existing structures in the downtown core, especially those that are of local historic and/or architectural value.

Implementation
Action LU-1 New housing. Coordinate with the Southern California Association of Nonprofit Housing, the California Department of Housing and Community Development, and other agencies and organizations to identify funding and programs that would incentivize the construction of new housing in Needles.

Action LU-2 Grocery store. Explore marketing, funding, and financing opportunities to facilitate the location of a full-service grocery store in Needles.

Action LU-3 Business development and workforce training. Coordinate with the Inland Empire Small business development center, Workforce Development Center, and community college district to expand opportunities for business startups and training programs in Needles, both for those that serve existing businesses and industries that can leverage Needles’ location and resources.

PUBLIC REVIEW DRAFT
Land Use & Transportation Element 5 City of Needles
Action LU-4 Rivers Edge Golf Course. Explore potential alternatives designs for the Rivers Edge Golf Course that could improve fiscally sustainability, such as different hole formats, a driving range, and/or hotel.

Action LU-5 Programming downtown and Broadway. Identify partners and opportunities to program the Downtown Core and a redesigned Broadway for community and seasonal events and festivals.

Action LU-6 Historic survey. Identify and pursue funding to conduct a historical survey of downtown Needles.

Action LU-7 Adaptive reuse and rehabilitation. Identify and pursue funding to facilitate adaptive reuse and rehabilitation of residential and commercial businesses, either to abate blighted conditions or facilitate reuse by a new occupant or business.

TRANSPORTATION
Goals & Policies
GOAL TR-1 A SAFE, EFFICIENT, AND FISCALLY SUSTAINABLENETWORKOF STREETS THAT ARE

ADEQUATE FOR RESIDENTS, BUSINESSES, VISITORS, AND EMERGENCY SERVICES Policy TR-1.1 Comprehensive network. Plan, design, operate, and maintain transportation networks that promote safe and convenient travel within and through Needles to and from key destinations as appropriate for all users: pedestrians, bicyclists, transit riders, freight, and motorists.

Policy TR-1.2 Level of service. Maintain level of service (LOS) “D” or better along and at intersections of Broadway between J Street and Needles Highway, Needles Highway between Broadway and North K Street, and North K Street between Needles Highway and the Arizona state line.

Maintain LOS C at all other public roadways and intersections during peak hours.

Policy TR-1.3 Fair share of improvements. Require new development to pay a fair share of needed transportation improvements based on a project’s impacts to the multimodal transportation network.

Policy TR-1.4 VMT reduction. Promote new development and transportation improvements that will reduce household and employment vehicle miles traveled (VMT) relative to existing conditions.

Policy TR-1.5 Road maintenance. Regularly update the pavement management plan and maintain roadways to ensure safety and functionality, as an investment strategy, and to improve the City’s image and quality of life.

Policy TR-1.6 Roadway configuration. Maintain existing roadway rights-of-way dimensions and the number of existing vehicle travel lanes to preserve Needles’ small town atmosphere, retain current speed limits, and manage ongoing maintenance costs. Allow expansions in roadway configuration when necessary and fiscally sustainable in order to meet desired levels of service.

PUBLIC REVIEW DRAFT
Land Use & Transportation Element 6 City of Needles
Policy TR-1.7 Medians. Avoid the installation of medians to enhance access and response times for emergency vehicles and to minimize the proportion of ROW dedicated to travel lanes. Allow medians for roadways if necessary to enhance safety, provided pedestrian and bicycle crossings are not expected.

Policy TR-1.8 Downtown parking. Create and support flexible parking requirements and centralized parking options for downtown businesses.

Policy TR-1.9 Truck routes. Plan and designate routes where trucks are prohibited to avoid overlaps or conflicts with safe routes to schools, residential neighborhoods, noise-sensitive uses, and roads that are not designed and paved to accommodate trucks.

Policy TR-1.10 Scenic highways. Comply with state requirements regarding scenic highways along Interstate 40, maintaining the rights-of-way to protect and enhance the City’s scenic resources.

Policy TR-1.11 Colorado River Bridge. Pursue and support options to fund maintenance and improvements to the bridge across the Colorado River in a manner that is fiscally sustainable.

Policy TR-1.12 Vehicular crossings at railroads. Encourage the installation, modernization, and improvement of grade separations at rail crossings to facilitate more convenient access for cars, trucks, and emergency vehicles.

GOAL TR-2 A MULTIMODAL NETWORK THAT PROVIDES FOR THE SAFE AND CONVENIENT

MOVEMENT OF PEOPLE OF ALL AGES AND ABILITIES
Policy TR-2.1 Nonmotorized networks. Establish and maintain citywide networks of nonmotorized travel ways that create pedestrian and bicycle linkages between neighborhoods, recreational amenities, schools, employment centers, and commercial areas.

Policy TR-2. 2 Multimodal design. The design of the overall transportation network, individual roads, and pedestrian/bicycle facilities should consider the comfort, convenience, and safety of pedestrians, bicyclists, and motorists of all ages and abilities. Within public road rights-of-way, prioritize the design and use of the space outside of travel lanes and parking areas to serve pedestrians, bicycles, and transit service.

Policy TR-2.3 Context-sensitive design. Design vehicular, pedestrian, and bicycle facilities and networks based on a combination of their land use and roadway context to promote safety and efficiency for all users.

Policy TR-2.4 Pedestrian- and bicycle-friendly streets. Create and maintain pedestrian- and bicycle-friendly public streets within residential neighborhoods and the downtown core; around schools, parks, and public facilities; and along neighborhood and general commercial centers. Promote dedicated facilities instead of shared facilities for pedestrians and bicyclists.

Policy TR-2.5 Pedestrian and bicycle crossings at railroads. Coordinate with BNSF and pursue funding to modernize existing and establish new grade-separated railroad crossings to enhance connectivity for pedestrians and bicyclists.

PUBLIC REVIEW DRAFT
Land Use & Transportation Element 7 City of Needles
Policy TR-2.6 Electric bikes. Support and encourage the use of electric bicycles to reduce resident and employee reliance on cars, resulting in greater mobility while lowering vehicle miles traveled and associated emissions.

Policy TR-2.7 Transit service. Maintain and enhance transit services to provide residents and workers with accessible and convenient service between residential neighborhoods, commercial centers, employment nodes, and medical facilities. Expand transit service as feasible to facilitate access to the Colorado River for residents and tourists.

Policy TR-2.8 Safe routes to school and recreation. Provide pathways and facilities that encourage and facilitate safe travel between schools, parks, recreation facilities, and residential neighborhoods on foot and by bike.

Policy TR-2.9 Traffic calming. Use traffic calming measures in residential areas and activity centers, where warranted and appropriate, to enhance the safety of pedestrians and bicyclists.

Policy TR-2.10 Needles Airport. Coordinate with the County to maintain Needles Airport for general aviation services.

Implementation
Action TR-1 Broadway street design. Redesign and maintain Broadway between A Street and J Street as a two-lane roadway with angled parking and pedestrian-friendly sidewalks.

Action TR-2 Railroad crossings. Coordinate with BNSF to improve the underpass at K Street for pedestrians, bicycles, and emergency vehicles. Coordinate with BNSF to evaluate and plan for an overpass or underpass suitable for vehicular, pedestrian, and bicycle travel at Smith Road/Park Drive.

Action TR-3 Central parking in the Downtown Core. Identify other publicly accessible lots in downtown that can be used for centralized business parking, event parking, and/or overflow parking.

Action TR-4 Safe routes improvements. Coordinate with Needles Unified School District to install multimodal improvements along the Multimodal Loop and other roadways/routesthat are used by students to access primary and secondary schools by walking and biking.

Action TR-5 Electric bike options. Identify and explore grants and other funding programs for lower income residents to obtain an electric bicycle and expand their mobility options.

Action TR-6 K Street Bridge. Identify and pursue funding opportunities to maintain and repair the K Street Bridge, as well as opportunities to leverage financial and governmental partnerships with Caltrans and agencies in Arizona.

PUBLIC REVIEW DRAFT
Land Use & Transportation Element 8 City of Needles

EXHIBITS
Exhibit 1: Land Use and Zoning Designations
Land Use/Zoning Designation 1 Density/Intensity 2 Typical Uses 3

RESIDENTIAL DESIGNATIONS
Single Family (R-1) 1 to 7 units Low-density, single-family residences Two-Family (R-2) 8 to 17 units Medium-density, two-family residences Multifamily (R-3) 18 to 30 units High-density multiple family units, such as apartments, condos, or townhouses

COMMERCIAL AND MIXED USED DESIGNATIONS
Planned Unit Development (PD) Up to 30 units
Up to 2.0 FAR
Master planned developments that combine
residential, commercial, and/or manufacturing
activities in a manner that maximizes a property’s
potential and promote unique site designs and
clustering to provide and preserve open space and
ensure land use compatibility with adjacent uses
Commercial, Residential, Resort (CRR) Up to 30 units
Up to 2.0 FAR
A diversity of land use types along the Colorado River, catering to the resort atmosphere, which may include
a full range of residential and commercial densities
Neighborhood Commercial (C-1) Up to 0.50 FAR Commercial retail and services that address the daily or frequent food and convenience needs of Needles
residents, located next to or within close proximity to neighborhoods, with typical uses such as markets,
drug stores, barbers and beauty shops, and laundry
and cleaning services
General Commercial (C-2) Up to 1.0 FAR
Up to 30 units
A wide range of commercial uses that can serve
Needles residents as well as visitors passing through
or staying overnight. Typical examples include
hotels/motels, restaurants, and clusters of retail
stores. Residential uses such as duplexes and
multifamily apartments are also permitted
General Commercial (C-2)
Downtown Core
Up to 2.0 FAR
Up to 30 units
A mix of medium-density, high-density, and mixed-use
residential and commercial uses, with building and site designs that are pedestrian oriented and reflect and
celebrate the historic downtown along and around
Broadway
Highway Commercial (C-3) Up to 1.0 FAR Commercial uses that benefit from exposure along the freeway and primarily attract customers traveling by
motor vehicle. Typical examples include automobile
sales and services, gas/charging stations, shopping
centers, restaurants, and hotels/motels

INDUSTRIAL DESIGNATIONS
Light Manufacturing (M-1) Up to 0.75 FAR Low-impact industrial uses where operations are totally enclosed in a structure, such as research and
development facilities, technology centers, corporate
offices, and clean industry. Limited outdoor uses may
be permitted with a conditional use permit.

General Manufacturing (M-2) Up to 0.75 FAR Industrial uses where all or part of operations take place outside and activities that generate odor, noise, vibration, truck traffic, or are otherwise incompatible with neighborhoods and other sensitive areas

PUBLIC REVIEW DRAFT
Land Use & Transportation Element 9 City of Needles
Exhibit 1: Land Use and Zoning Designations
Land Use/Zoning Designation 1 Density/Intensity 2 Typical Uses 3

PUBLIC AND OPEN SPACE DESIGNATIONS
Public Facilities (P) n/a Public facilities such as schools, parks, civic centers, medical centers, and government operations
Open Space (OS) n/a Land that should remain undeveloped and maintained as open space to preserve the ecological and aesthetic
desert setting

1. The City uses a single set of land use designations and one map to designate general plan and zoning to promote clarity and ensure consistency on a parcel level.

2. All measures of density and intensity are based on a net acre. FAR = floor area ratio (see graphic below).

3. A listing of typical uses is provided to communicate the general intent of the land use designation. A more detailed listing of permitted uses can be found in the City Zoning Code. Clarification on uses not listed are subject to the provisions of the City Zoning Code and direction by the Director of Development Services.

FAR = 0.25 FAR = 0.50 FAR = 0.75
FAR = 1.00
FAR = 2.00

PUBLIC REVIEW DRAFT
Land Use & Transportation Element 10 City of Needles
Exhibit 2: Land Use and Zoning Map
Note: For land use planning and regulation, the City considers the County of San Bernardino’s Policy Plan to be the guiding document for the entirety of the unincorporated SOI.

PUBLIC REVIEW DRAFT
Land Use & Transportation Element 11 City of Needles
Exhibit 3: Downtown Core Boundaries
Notes: The “Downtown Core” is defined by the following boundaries: from the west side of H Street to the east side of E Street and extending to the north side of Front Street (including El Garces) and to the south side of 3rd Street. This area is intended for a pedestrian- and experience-oriented downtown that serves as a local gathering place and regional destination.

As shown in Exhibits 4 & 9, the design of Broadway is intended to create a more pedestrian-friendly and vibrant downtown environment, while expanding on-street parking adjacent to businesses. The current (as of 2023) four-lane facility between J Street and A Street (both inside and adjacent to the Downtown Core) would be changed to a two-lane facility (one travel lane in each direction) and on-street angled parking.

PUBLIC REVIEW DRAFT
Land Use & Transportation Element 12 City of Needles
Exhibit 4: Roadway Network

PUBLIC REVIEW DRAFT
Land Use & Transportation Element 13 City of Needles
Exhibit 5: Bicycle and Pedestrian Network

PUBLIC REVIEW DRAFT
Land Use & Transportation Element 14 City of Needles
Exhibit 6: Transit Network

PUBLIC REVIEW DRAFT
Land Use & Transportation Element 15 City of Needles
Exhibit 7: Truck Network

PUBLIC REVIEW DRAFT
Land Use & Transportation Element 16 City of Needles
Exhibit 8: Airport Safety and Planning Area

Note: The Airport and surrounding area is designated for General Manufacturing, which is considered an industrial area. Consistent with the Noise Element, the maximum exterior noise level is 75 LDN or dBA.

PUBLIC REVIEW DRAFT
Land Use & Transportation Element 17 City of Needles
Exhibit 9: Street Sections
Note: street sections are typical right-of-way designs; design may be adjusted by the City based on constraints that are unique to specific locations.

Arterial Road
Collector Road Local Road
Local Rural Road Broadway
Multimodal Loop – design may vary by location
Option 1 Option 2
K Street Underpass
Multimodal Trail
Option 1 Option 2
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Amendments to City Code
A. Section 92.00 Definitions
Downtown Core. The “Downtown Core” is defined by the following boundaries: from the west side of H Street to the east side of E Street and extending to the north side of Front Street (including El Garces) and to the south side of 3rd Street, as depicted in the General Plan. This area is intended for a pedestrian- and experience-oriented downtown that serves as a local gathering place and regional destination.

Mixed-use residential. A “mixed-use residential” development contains a mix of residential and nonresidential uses that are vertically and/or horizontally integrated into a single building or on a single project site. If there is more than one building proposed, all buildings are designed to be internally accessible by pedestrians.

B. Section 93.04 Commercial Zones
(c) C-2 General Commercial Zone. This zone is generally intended for uses in the central business district (particularly those that are pedestrian oriented) accommodating to accommodate a wide range of commercial uses that are compatible with and integrated alongside and associated residential uses. The Downtown Core area is intended to foster a pedestrian- and experienceoriented environment through a blend of commercial, high density residential, and mixed-use residential development. Permitted residential density is eight (8) to thirty (30) units per net acre.

C. Section 96.01 “Table of permissible uses”
Zones: R1 R2 R3 CRR C1 C2 C3 M1 M2 P

1.00 Residential

1.20.1 Single Family, 1 du / lot Z Z Z Z Z

1.20.2 Single Family, 2 du / lot Z Z Z Z -

1.30.1 Accessory Dwelling Units Z Z Z Z Z Z

1.30.2 Junior Accessory Dwelling
Units

Z Z Z Z Z Z

1.30.3 Manufactured & Tiny
Homes

Z Z Z Z Z SZ

1.40 Primary with accessory
apartment

S Z Z Z

1.50 Duplex Z Z Z SZ

1.60 Multifamily apartments Z C S Z

1.62 Multi-Family Apt-Conversion C C C C C

1.70 Multifamily townhomes SZ C Z

1.75 Multifamily condos SZ C Z

1.80 Mobilehome parks C C S

1.85 R.V. parks C C S C

1.90 Planned residential
development

C C C C

1.95 Mixed-use residential C
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* S Applications that do not comply with the criteria for ministerial review are subject to the review and approval of the Planning Commission through a Special Use Permit w/o a public hearing
** Manufactured homes are only permitted in the C-2 zone in a multifamily format. Tiny homes are only permitted in the C-2 zone as ADUs.

D. Section 98.00 Site dimensions.

For corner lots in single-family residential zones, the minimum lot area shall be increased by five hundred (500) square feet and the minimum lot width shall be increased by ten (10) feet over the amounts shown in this table. Lot depth shall not be more than three times the lot width. (Ord. No. 427-AC, (part).)
For residential development in the C-2 zone, the minimum site dimensions shall be the same as those required for the R-3 zone. For mixed-use residential development in the C-2 zone, the minimum site dimensions shall be the same as those required for the CRR zone. The maximum density for any residential or mixed-used residential project shall be 30 dwelling units to the acre.

E. Section 99.03 “Table of minimum dwelling unit floor area”

Minimum Gross Floor Area (square feet per dwelling unit) Single-Family UnitZone
0 Bedroom
Unit
1 Bedroom
Unit
2 Bedroom
Unit
3+ Bedroom
Unit
R-1 and CRR zones 900 1,000 1,100 1,200
R-2 zone 550* 800 950 1,050
R-3 and C-2 zones 550* 650 800 950
C-2 zone, Downtown Core/
Eelderly housing in any zone
450* 600* 800 900 +100 per
additional
bedroom
Infill housing in the RDA 750 750 800 850
* multifamily units
Note: Each additional bedroom beyond 3 requires an additional 100 square foot minimum to the gross floor area.

F. Section 99.05 Height of Structures. “Table of height limits – nonresidential zones”

Maximum Height
Zones
Within 50 Feet
of any Residential Zone
More than 50 Feet
from any Residential Zone
C1, C2, C3 Nonresidential uses: 1 story or 15 feet,
whichever is less. No higher than average
height of neighboring structures
Residential or mixed-use residential uses:
3 stories or 45 feet, whichever is less.

No height restrictions
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M1, M2 20 feet. No higher than average height of
neighboring structures
At any point the height shall not be
more than 35 feet plus 1 foot for each
foot of horizontal distance in excess of
50 feet from the nearest residential
zone
G. Section 99.06.02. Common usable open space area.

For all multi-family residential uses, the open area provided shall include common usable open area of at least two hundred (200) square feet per dwelling unit for the first twenty (20) dwelling units, plus one hundred fifty (150) square feet per dwelling unit for the next twenty (20) dwelling units, plus one hundred (100) square feet per dwelling unit for each additional dwelling unit. The minimum dimensions of such common usable open area shall be ten (10) feet in each direction and the least horizontal dimension shall be at least one-third (1/3) of the greatest horizontal dimension. (Ord. No. 427-AC, (part).) For stand-alone multi-family residential uses built in the Downtown Core, the amount of common open space required shall be reduced by 50 percent. For multi-family residential uses built as part of a mixed-use residential development in the Downtown Core, the amount of common open space required shall be reduced by 75 percent.

H. Section 99.06.05. Front, side, rear yards. “Table of yards required – nonresidential zones” Zone Front Yard
Side Yard or Rear Yard
Abutting a Street
Abutting Property in
Residential Zone
Abutting Property in
Non-residential Zone
C-1 0’ 5’ 10’ 0’
C-2 0’ 0’*/5’ 10’ 0’
C-3 0’ 5’ 10’ 0’
M-1 0’ 5’ 25’ 0’
M-2 0’ 5’ 25’ 0’
* No setback required in Downtown Core
I. Section 99.06.09. Courts.

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In the CRR, R-2 and R-3 zones, where the arrangement of a building or buildings on the same lot creates a court (an open space surrounded on all sides by buildings, but not necessarily completely enclosed), such court shall contain a rectangular open area at least thirty (30) feet by forty (40) feet in horizontal dimensions. (Ord. No. 427-AC, (part).) This standard shall also apply to multifamily and mixed-use residential development in the C-2 zone.

J. Section 111.04.27 Downtown Core parking requirements. [NEW SUBSECTION] For uses proposed in the Downtown Core, the number of off-street parking spaces may be reduced by the Planning Commission, provided the following conditions are met:
(a) The applicant submits written documentation in the form of a parking study or other documentation that the number of spaces to be provided will be sufficient to meet the needs of their residents, residents’ guests, employees, and customers. (b) The applicant proves that the amount of off-street parking to be reduced will be provided through public parking spaces that are routinely available in a parking lot/garage or onstreet spaces that are within 400 feet walking distance from a pedestrian entrance to the use.
(c) Additional reductions may be approved through the provisions of Section 11.04.09, Parking ratios for a combination of entities.

K. Section 12A-6 Regulations Applicable to Retail Cannabis Businesses. (W) The Retail Cannabis Business shall not be operated within: a residence; the Downtown Core; within a six hundred (600) foot radius of a school, recreation center or youth center; or within two hundred (200) feet of a public playground, park (meaning a children’s park where there is playground equipment or other youth athletic or sports facilities, but not including a “way-side” park or rest stop), child care or day care facility, or church. All distances shall be the horizontal distance measured in a straight line, without regard to intervening structures or topography, from the property line of the uses described in this Subsection to the closest property line of the lot on which the Retail Cannabis Business is located.

L. Section 12A-7 Regulations Applicable to Cultivation Facilities. (H) The Cultivation Facility shall not be operated within: a residence; the Downtown Core; within six hundred (600) feet of a school, recreation center or youth center; or within two hundred (200) feet of a public playground, park (meaning a children's park where there is playground equipment or other youth athletic or sports facilities, but not including a "way-side" park or rest stop), child care or day care facility, or church. All distances shall be the horizontal distance measured in a straight line, without regard to intervening structures or topography, from the property line of the uses described in this Subsection to the closest property line of the lot on which the Cultivation Facility is located.

Residential, Commercial, Density Bonus, and Chapter 12A Cannabis - Amendments Draft / Exhibit “B” 02/07/2023 Page 5 of 9
M. Section 12A-9 Regulations Applicable to Manufacturing Sites. (F) The Manufacturing Site shall not be operated within: a residence; the Downtown Core; within a six hundred (600) foot radius of a school, recreation center or youth center; or within two hundred (200) feet of a public playground, park (meaning a children’s park where there is playground equipment or other youth athletic or sports facilities, but not including a “way-side” park or rest stop), child care or day care facility, or church. All distances shall be the horizontal distance measured in a straight line, without regard to intervening structures or topography, from the property line of the uses described in this Subsection to the closest property line of the lot on which the Manufacturing Site is located.

N. Section 12A-10 Regulations Applicable to Testing Laboratories. (D) The Testing Laboratory shall not be operated within: a residence; the Downtown Core; within six hundred (600) feet of a school, recreation center or youth center; or within two hundred (200) feet of a public playground, park (meaning a children's park where there is playground equipment or other youth athletic or sports facilities, but not including a "way-side" park or rest stop), child care or day care facility, or church. All distances shall be the horizontal distance measured in a straight line, without regard to intervening structures or topography, from the property line of the uses described in this Subsection to the closest property line of the lot on which the Testing Laboratory is located.

O. Section 12A-11 Regulations Applicable to Distribution/Transportation Facilities. (D) The Distribution/Transportation Facility shall not be operated within: a residence; the Downtown Core; within six hundred (600) feet of a school, recreation center or youth center; or within two hundred (200) feet of a public playground, park (meaning a children's park where there is playground equipment or other youth athletic or sports facilities, but not including a "way-side" park or rest stop), child care or day care facility, or church. All distances shall be the horizontal distance measured in a straight line, without regard to intervening structures or topography, from the property line of the uses described in this Subsection to the closest property line of the lot on which the Distribution/Transportation Facility is located.

Residential, Commercial, Density Bonus, and Chapter 12A Cannabis - Amendments Draft / Exhibit “B” 02/07/2023 Page 6 of 9
Article VII, Section is proposed to be replaced in its entirety with the following. While the City recently updated its Density Bonus provisions, State reviewers indicated that there were a handful of minor references that needed to be updated. However, a more substantial revision is recommended due to the frequency of changes in State Density Bonus Law, whether through legislative changes (numerous laws enacted in 2019 through 2022) or court decisions (e.g., Schreiber v. City of Los Angeles, 69 Cal. App. 5th 549 (2021) on information that can be requested and Banker’s Hill 150 v. City of San Diego, 74 Cal.

App. 5th 755 (2022) on amenities and site design).

Instead of attempting to replicate and maintain consistency with state law through continuous updates to the City Code, incorporating and deferring to the provisions of California Government Code Section 65915, et seq. (known as the State Density Bonus Law), will ensure the City maintains consistency with State law and eligibility for various state grants (e.g., Prohousing Designation and related Prohousing Incentives Program). As allowed by State law, provisions unique to the City of Needles were retained.

Article VII. Intensity of Uses
Ord 427-AC, 620-AC
Sec. 97.00. Residential zone densities with no bonuses.

Before any density bonuses are applied, the number of dwelling units permitted in a residential development shall not exceed the following amounts:

ZONE DENSITY (dwelling units per net acre)
R-1 1.0-7.0
R-2 8.0-17.0
R-3 18.0-30.0
CRR 1.0-30.0
(Ord. No. 427-AC)
Sec. 97.01. Density Bonus and Related Incentives and Concessions Program.

Sec. 97.01(a). Purpose. The purpose of this Section 97.01 is to encourage the development of affordable housing in accordance with state law.

Sec. 97.01(b). State law incorporated. The City shall provide the density bonuses and other incentives that are required by Government Code Section 65915, et seq. (known as the State Density Bonus Law).

Sec. 97.01(c). Definitions. The definition of terms shall be as provided in Government Code Section 65915, et seq. In addition, the following definitions shall control over any conflicting definitions in other Sections of the Needles Municipal Code. State law definitions, as they may be amended from time to time, control over the definitions in this section.
(1) Affordable Housing Benefits means one or more the of the following, as defined in Government Code Section 65915, et seq.:

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a) A density bonus;
b) An incentive or concession;
c) A development standard waiver or modification; and
d) A parking standard modification.
(2) Affordable Housing Developer means the applicant or permittee of a Qualified Housing Development and its assignees or successors in interest.
(3) Qualified Housing Development means a housing development that meets the requirements of Government Code Section 65915, et seq.

Sec. 97.01(d). Target Rents and Mortgage Payments. Target rents and Mortgage payments shall be as provided in Government Code Section 65915, et seq.

Sec. 97.01(e). Affordability Requirements. The affordability requirements shall be as provided in Government Code Section 65915, et seq.

Sec. 97.01(f). Application Required. When an applicant seeks a density bonus for a Housing Development that meets the criteria set out in Government Code Section 65915, et seq., the Affordable Housing Developer must also comply with all of the following requirements:
(1) The applicant shall file an application for a Density Bonus Permit in accordance with Sections 97.01(f) and 97.01(g) that includes an affordable housing component consistent with Government Code Section 65915, et seq., whether or not the project also requires or has been granted a special use permit or other permits or approvals.
(2) Enter into an agreement with the City or its designee pursuant to Section 97.01(k) to maintain and enforce the affordable housing component of the housing development. (3) When an applicant seeks a density bonus for a development or for a donation of land, the applicant bears the burden of establishing that the housing development meets such requirements.

Sec. 97.01(g). Content of Application.
(1) The application for a Density Bonus Permit shall include the following information in accordance with Government Code Section 65915, et seq.:
(a) A description of the project, including the number of dwelling units, the number of affordable units and level of affordability, and the location, design, and phasing of all units; (b) A breakdown of the current and proposed general plan and zoning designations, maximum possible density permitted under the current general plan and zoning; (c) In applications involving the donation of land and/or child care facilities, the location of such land and/or facilities and a detailed description of compliance with the conditions and definitions in state law;
(d) A calculation of the density bonus allowed pursuant to state law, including the percentage of density bonus, percentage of income-restricted units, and number of density bonus units being proposed over and above the number of units normally permitted by the applicable zoning and general plan description;
(e) A description of the density bonus and/or the incentives or concessions requested (if any), including a detailed explanation as to how the request will enable the applicant to provide housing at the target rents or mortgage payments. Except as explicitly stated in state law, modification of development standards and/or granting of incentives or concessions will be approved only to the extent necessary to achieve the target housing affordability goals; (f) The proposed method of ensuring the continued affordability of all income-restricted units, for the applicable time period(s) in state law;
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(g) Other relevant information as required by state law; and (h) Other information requested by City staff, provided it pertains to cost reductions. (2) An application for a Density Bonus permit will not be processed until all of the provisions of this Section are complied with as determined by the Director and shall be processed concurrently with other required entitlements for which the Affordable Housing Benefit is sought. Prior to the submittal of an application for a Qualified Housing Development, an applicant may submit to the Director a preliminary proposal for Affordable Housing Benefits. The Director shall, within 90 days of receipt of a written proposal, notify the applicant of the director’s preliminary response and schedule a meeting with the applicant to discuss the proposal and the Director’s preliminary response. Approval of a Density Bonus permit shall be at the same level as the planning entitlement action for the project with the highest requirement.

97.01(h) Findings for Approval.
(1) Before the Planning Commission or City Council may grant a density bonus, it must make all of the following findings:
(a) As required by state law, the City shall grant a density bonus in accordance with Government Code Section 65915 et seq.;
(b) As required by state law, the City shall grant an incentive or concession in accordance with Government Code Section 65915 et seq., unless the City makes any of the findings contained therein; (2) Effect on other actions. The granting of a concession or incentive shall not be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval; (3) Other City incentives. This Section does not limit or require the provision of direct financial incentives for the housing development, including the provision of publicly owned land, by the City or the waiver of fees or dedication requirement, except as otherwise provided by state law.

97.01(i) Appeals.
(1) If the decision to approve or deny an application for an Affordable Housing Benefit is made by the Director, any person may appeal the decision. The appeal shall be in writing, state the grounds for appeal, and shall be filed with the City Clerk within 15 calendar days of the date of the mailing of the Director’s decision, together with the appeal fee adopted by resolution of the City Council. The decision of the hearing officer shall be final.
(2) If the decision to approve or deny an application for an Affordable Housing Benefit is made by the Planning Commission, then an appeal may be filed to the City Council. (3) Notwithstanding the provisions of Section 97.01(k), if the determination of the underlying application for the Qualified Housing Development is also appealed along with the decision of the Affordable Housing Benefit, then the entire project shall be controlled by the appeal procedures applicable to the underlying application.

Sec. 97.01(j). Fees.
(1) An application for Density Bonus Permit shall be accompanied by the fee set by resolution of the City Council, including fees necessary to monitor and enforce the provisions of this Section. (2) If an application for a Density Bonus Permit requires an unusual amount or specialized type of study or evaluation by City staff, a consultant or legal counsel, City staff shall estimate the cost thereof and require the applicant to pay an additional fee or make one or more deposits to pay such cost before the study or evaluation is begun. On completion of the study or evaluation, and before the City Council decides the application, City staff shall determine the actual cost of the work and the difference between the actual cost and the amount paid by the applicant and shall require the applicant to pay any deficiency or shall refund to the applicant any excess.

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Sec. 97.01(k). Affordable Housing Agreement and Equity Sharing Agreement. A Density Bonus shall only be granted if and when the Affordable Housing Developer, or its designee approved in writing by the Director, enters into an affordable housing agreement and, if applicable, an equity sharing agreement, with the City or its designee pursuant to, in compliance with, and to implement this Section and state law. The agreements shall be in the form provided by the City which shall contain terms and conditions mandated by, or necessary to implement, state law and this Article. The Director may designate a qualified administrator or entity to administer the provisions of this section on behalf of the City. The affordable housing agreement shall be recorded prior to, or concurrently with, final map recordation or, where the Qualified Housing Development does not include a map, prior to issuance of a building permit for any structure on the site. The Director is hereby authorized to enter into the agreements authorized by this section on behalf of the City upon approval of the agreements by City Attorney for legal form and sufficiency.

Sec. 97.01(l). Severability. If any provision(s) of this Section or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or application, and to this end, the provisions of the ordinance are declared to be severable. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, even though any one or more sections, subsections, clauses, phrases, parts or portions thereof was declared invalid or unconstitutional.

FINAL

MITIGATED NEGATIVE DECLARATION / INITIAL STUDY
for the

CITY OF NEEDLES

GENERAL PLAN UPDATE
SCH NO. 2022070300
PREPARED FOR:

City of Needles
817 Third Street
Needles, CA 92363
PREPARED BY:

Westlake Village Office
920 Hampshire Road, Suite A5
Westlake Village, CA 91361
Los Angeles Office
706 S. Hill Street, 11th Floor
Los Angeles, CA 90014
JANUARY 2023
Meridian Consultants i City of Needles General Plan Update MND 328-003-22 January 2023

TABLE OF CONTENTS
Section Page

1.0 Introduction.............................................................................................. 1.0-1

1.1 Purpose .......................................................................................... 1.0-1

1.2 Description of the Proposed Project ......................................................... 1.0-1

1.3 Public Review Process.......................................................................... 1.0-2

1.4 Tribal Consultation ............................................................................. 1.0-3

1.5 Organization of the Final MND/IS ............................................................ 1.0-5

2.0 Comments Received and Responses .................................................................. 2.0-1

3.0 Mitigation Monitoring and Reporting Program....................................................... 3.0-1 Appendices
A Draft Mitigated Negative Declaration/Initial Study (MND/IS) B Notice of Intent
C Notice of Completion
D Distribution Lists
E Proof of Newspaper Publication
List of Tables
Table Page

3.0-1 Summary of Project Impacts, Mitigation Measures, and Implementation Responsibility...... 3.0-2 Meridian Consultants 1.0-1 City of Needles General Plan Update MND 328-003-22 January 2023

1.0 INTRODUCTION

1.1 PURPOSE
This Final Mitigated Negative Declaration (MND) and Initial Study (IS) (collectively, MND/IS) has been prepared for the City of Needles (City) Land Use and Transportation Elements (proposed Project) of the current General Plan in accordance with the requirements of the California Environmental Quality Act (CEQA)1 and the State CEQA Guidelines, Sections 15070 to 15075. 2 The City is acting as the Lead Agency,
as defined by CEQA, for the environmental review of the proposed Project.

1.2 DESCRIPTION OF THE PROPOSED PROJECT
The City of Needles is updating the Land Use and Transportation Elements (proposed Project) of the current General Plan. The City last completed a comprehensive update of its General Plan in 1986. The City’s recent completion of the Housing Element presents the City of Needles’ goals, quantified objectives, and policies relative to the development, improvement, and maintenance of housing within the incorporated areas of the City, during the period of 2021 to 2029.

The Land Use and Transportation Elements form the backbone of the City’s General Plan and guides the long-term growth and improvement of the Needles community. The proposed Project updates the Land Use and Transportation Elements of the General Plan to guide the City’s growth and development for the next 20 years through 2040. The City intends to limit growth and development to its incorporated boundaries and does not plan to promote growth or changing land use or circulation in its unincorporated sphere of influence (SOI).3
The City will also create a single-map system that brings its General Plan and Zoning maps into consistency and introduce mixed-use development into the City’s downtown and the creation of a Downtown (DT) designation and corresponding changes to the Development Code.

A full description of the Project is provided in the Draft MND/IS, which is provided as Appendix A to this Final MND/IS.
1 California Code of Regulations, Sec. 21000 et seq.
2 California Code of Regulations, CEQA Guidelines, Sec. 15070–15075. 3 The majority of unincorporated SOI is north, south, and west of the incorporated boundaries; the exception is an 18-acre area that is owned by the Fort Mojave Indian Tribe and entirely surrounded by incorporated lands. The City assumes County land use designations for all unincorporated SOI areas, most of which are not associated with residential or nonresidential building activities (either Open Space or Resource/Land Management). The unincorporated land owned by the Fort Mojave Indian Tribe is designed for Rural Living by the County.

1.0 Introduction
Meridian Consultants 1.0-2 City of Needles General Plan Update MND 328-003-22 January 2023

1.3 PUBLIC REVIEW PROCESS
On December 2, 2022, the City circulated a Notice of Intent (NOI) (see Appendix B) of the Draft MND/IS for a 30-day review and comment by the public and by responsible and reviewing agencies. The review period ended on January 3, 2023.

In accordance with the State CEQA Statute Section 15073, the City filed the Draft MND/IS with the State Clearinghouse (SCH) to circulate to appropriate State Agencies (SCH number 2022120053); a copy of the Notice of Completion (NOC) filed with the SCH is provided in Appendix C.

In accordance with the State CEQA Guidelines Section 15087, the City mailed copies of the NOI to the owners and occupants of property contiguous to the parcel or parcels on which the Project is located, as well as local and regional public agencies. A copy of the distribution list is provided in Appendix D.

In accordance with the State CEQA Statute section 21092 and section 15072 of the State CEQA Guidelines,
4 the City provided notice to the general public and other organizations via newspaper in the Mohave Valley Daily News on November 30, 2022 (see Appendix E).

The Final MND/IS and Draft MND/IS are available at the City, located at Planning Department, 817 Third Street, Needles, CA 92363 and on the City’s website at:
https://cityofneedles.com/
The Final MND/IS, when combined with the Draft MND/IS, constitutes the complete environmental review document for the Project to be considered by the City Council, as the decision-making body, before it makes its decision on the proposed Project.

State CEQA Guidelines5 require that the Lead Agency consider the MND/IS together with any comments received during the public review prior to approving a project. The decision-making body shall adopt the Final MND/IS only if it finds, on the basis of the whole record before it (including the MND/IS and any comments received), that there is no substantial evidence that the Project will have a significant effect on the environment and that the Final MND/IS reflects the Lead Agency’s independent judgment and analysis.

Additionally, the State CEQA Guidelines6 require that the Lead Agency adopt a mitigation monitoring program for reporting on or monitoring the physical changes of the project site and mitigating significant environmental effects.
4 California Code of Regulations, Sec. 21000(b)(3)(A), Public Notice of Preparation of Environmental Impact Report or Negative Declaration; Publication, and the CEQA Guidelines section 15072(b)(1). Notice of Intent to Adopt a Negative Declaration or Mitigated Negative Declaration.
5 California Code of Regulations, CEQA Guidelines, Sec. 15074(b). 6 California Code of Regulations, CEQA Guidelines, Sec. 15074(d).

1.0 Introduction
Meridian Consultants 1.0-3 City of Needles General Plan Update MND 328-003-22 January 2023
The City received one letter with comments during the public review process of the Draft MND/IS as listed below:
• County of San Bernardino, Department of Public Works, Environmental Management Division, dated January 3, 2023.

The letter and responses to comments contained therein are provided in Section 2.0 of this Final MND/IS.

1.4 TRIBAL CONSULTATION
In accordance with both Senate Bill (SB) 187 and Assembly Bill (AB) 52, 8 the City provided notification to
local tribes that have expressed interest in City projects.

Notification letters were sent by the City to tribes pursuant to AB 52. The tribes that were notified of the proposed General Plan update include:
• Colorado River Indian Tribes
• Fort Mojave Indian Tribe
• Morongo Band of Mission Indians
• Torres Martinez Desert Cahuilla Indians
• Twenty-Nine Palms Band of Mission Indians
Letters were sent to these tribes on August 22, 2022. Copies of the AB 52 notification letters are provided in Appendix F.1 of the Draft MND/IS.

Notification letters were sent by the City to tribes identified by the California Native American Heritage Commission (NAHC) pursuant to SB 18 as having an interest in the Planning Area. These tribes include:
• Agua Caliente Band of Cahuilla Indians
• Augustine Band of Cahuilla Indians
• Cabazon Band of Mission Indians
• Cahuilla Band of Mission Indians
• Chemehuevi Indian Tribe
• Colorado River Indian Tribes
• Fort Mojave Indian Tribe
• Gabrieleño Band of Mission Indians — Kizh Nation
• Gabrieleño/Tongva San Gabriel Band of Mission Indians 7 Senate Bill 18 (Burton, Chapter 905, Statutes of 2004); California Government Code Section 65352.3 - Consultations with California Native American Tribes. 2004.
8 Assembly Bill No. 52 (AB 52), Chapter 532. Public Resources Code Section 5097.94, relating to Native Americans. Approved by California State Governor Edmund Gerald “Jerry” Brown on September 25, 2014.

1.0 Introduction
Meridian Consultants 1.0-4 City of Needles General Plan Update MND 328-003-22 January 2023
• Gabrielino/Tongva Nation
• Gabrielino Tongva Indians of California Tribal Council • Gabrielino-Tongva Tribe
• Juaneño Band of Indians Acjachemen Nation — Belardes
• Juaneño Band of Mission Indians Acjachemen Nation 84A • Kern Valley Indian Community
• Los Coyotes Band of Cahuilla and Cupeño Indians
• Morongo Band of Mission Indians
• Pala Band of Mission Indians
• Pechanga Band of Indians
• Quechan Tribe of the Fort Yuma Reservation
• Ramona Band of Cahuilla
• Rincon Band of Luiseño Indians
• San Fernando Band of Mission Indians
• San Manuel Band of Mission Indians
• Santa Rosa Band of Cahuilla Indians
• Serrano Nation of Mission Indians
• Soboba Band of Luiseño Indians
• Torres Martinez Desert Cahuilla Indians
• Twenty-Nine Palms Band of Mission Indians
Letters were sent to these tribes on October 22, 2022. Copies of the SB 18 notification letters are provided in Appendix F.2 of the Draft MND/IS. The tribes that have responded stating that they did not need to consult with the City include:
• Agua Caliente Band of Cahuilla Indians
• Chemehuevi Indian Tribe
• Fort Mojave Indian Tribe
• Gabrielino Tongva Indians of California Tribal Council • Rincon Band of Luiseño Indians
• San Manuel Band of Mission Indians
• Quechan Tribe of the Fort Yuma Reservation
The only tribes that requested the City to consult on this Project were the Morongo Band of Mission Indians and the Fort Mojave Indian Tribe. No other responses were received by any of the remaining tribes that were contacted.

1.0 Introduction
Meridian Consultants 1.0-5 City of Needles General Plan Update MND 328-003-22 January 2023
The Morongo Band of Mission Indians (Tribe) notified the City on December 28, 2022 that they wished to consult with the City on the proposed Project under the provisions of Assembly Bill (AB) 52 (California Public Resources Code Section 21080.3.1) as it is located within the ancestral territory and traditional use area of the Cahuilla and Serrano people of the Morongo Band of Mission Indians. The Tribe noted that potential tribal cultural resources may exist within the area of the proposed Project that are nonrenewable resources and therefore of high importance to the Morongo Tribe; therefore, tribal participation (a.k.a. tribal monitors) is recommended during all ground disturbing activities.

The City responded to the Tribe on January 3, 2023 that there is no planned development or projects under consideration as part the General Plan Update; rather, the update will align the City’s General Plan and Zoning to avoid inconsistencies. However, should a development project be proposed at some time in the future, then the City would notify the Tribe under AB 52 for any comments and consultation at that time on a specific project.

The Fort Mojave Indian Tribe Cultural Department noted that they were in receipt of the consultation letter and would respond accordingly; no additional comments were provided.

1.5 ORGANIZATION OF THE FINAL MND/IS
As required by the State CEQA Guidelines, the Final MND/IS consists of the following components:
• Section 1.0: Provides an introduction and purpose of the Final MND/IS, a brief description of the proposed Project, an overview of the public participation process, and tribal consultation effort. • Section 2.0: Comments received from reviewing agencies on the Draft MND/IS during the public review process and responses to those comments.
• Section 3.0: Mitigation Monitoring and Reporting Program (MMRP), which provides a summary of impacts, mitigation measures, and implementation procedures. • Appendices:
− Appendix A: Draft MND/IS
− Appendix B: Notice of Intent (NOI)
− Appendix C: Notice of Completion (NOC)
− Appendix D: Distribution List
− Appendix E: Proof of Newspaper Publication
Meridian Consultants 2.0-1 City of Needles General Plan Update MND 328-003-22 January 2023

2.0 COMMENTS RECEIVED AND RESPONSES
The State CEQA Guidelines
9 require that the decision-making body of the Lead Agency consider the proposed IS together with any comments received during the public review process prior to approving a project.

The City received one letter with comments during the public review process of the Draft MND/IS as listed below:
• County of San Bernardino, Department of Public Works, Environmental Management Division, dated January 3, 2023.
9 California Code of Regulations, CEQA Guidelines Sec. 15074(b),.

January 3, 2023 Transmitted Via Email
File: 10(ENV)-4.01
City of Needles
Planning Department
817 Third Street Needles, CA 92363
[email protected]
RE: CEQA – CITY OF NEEDLES, NOTICE OF INTENT TO ADOPT AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION TO UPDATE THE CITY’S GENERAL PLAN
Dear Mr. Martinez:

Thank you for allowing the San Bernardino County Department of Public Works the opportunity to comment on the above-referenced project. We received this request on December 9, 2022, and pursuant to our review, we have the following comments for your consideration and inclusion into public record:

Flood Control Planning & Water Resources Division (Michael Fam, Chief, 909-387-8120):

1. We are aware there may be storm drains in and around the site that may be affected by the proposed Project. When planning for or altering existing or future storm drains, be advised that the Project is subject to the Needles Master Plan of Drainage (MPD), dated April 2006. It is to be used as a guideline for drainage in the area and is available at the San Bernardino County Department of Public Works offices. Any revision to the drainage should be reviewed and approved by the jurisdictional agency in which the revision occurs. Should construction of new, or alterations to existing storm drains be necessary as part of the Proposed Project, their impacts and any required mitigation should be discussed within the IS/MND before the document is adopted by the Lead Agency.

The District possesses easement and fee-owned Rights-of-Way within the Project area and also within the Needles MPD (Master Plan of Drainage) of April 2006.

2. Section 5.10: HYDROLOGY AND WATER QUALITY, Page 160: The Project actually lies within FEMA Zones D (undetermined), A, AE, AO, X (outside the 500-yr. floodplain), and Xshaded (within the 500-yr. floodplain; 0.2% chance of annual flooding), the Regulatory Floodway, according to the most recent FEMA Flood Insurance Rate Map (FIRM), Panels 06071C4400H, 5010H, 5020H, 5050H, 5660H, 5680H, dated August 28, 2008; Department of Public Works • Flood Control • Special Districts • Operations • Surveyor
• Solid Waste Management • Transportation
Main Office - 825 East Third Street, San Bernardino, CA 92415-0835 | Phone: 909.387.7910 Fax: 909.387.7911 Brendon Biggs, M.S., P.E.

Director
Noel Castillo, P.E.

Assistant Director
David Doublet, M.S., P.E.

Assistant Director
1-1
1-2

06071C5030J, dated September 2, 2016. Potential impacts and any proposed mitigation for the project’s occurrence in the above-mentioned floodplain and FEMA Zones, should be discussed within the IS/MND prior to adoption.

3. One of the benefits of the MPD is to identify the potential alignments of future drainage and flood control facilities. It is recommended that the City of Needles to continue to use this document to protect the alignment of future facilities.

4. We recommend that the City enforce, at a minimum, the most current FEMA regulations for development within the Special Flood Hazard Area (SFHA).

Traffic Division (Shawn Johnson, Engineering Technician IV, 909-387-8186):

1. The City of Needles Circulation Plan and road classifications does not match San Bernardino County’s Roadway Network Policy Map TM-1D within the Countywide Plan. Potential impacts associated with changes to the Circulation Plan and road classifications, and proposed mitigations for the impacts, should be discussed within the environmental document prior to adoption or certification.

We respectfully request to be included on the circulation list for all project notices, public reviews, or public hearings. In closing, I would like to thank you again for allowing the San Bernardino County Department of Public Works the opportunity to comment on the above-referenced project.

Should you have any questions or need additional clarification, please contact the individuals who provided the specific comment, as listed above.

Sincerely,
Nancy Sansonetti, AICP
Supervising Planner,
Environmental Management Division
1-2
1-3
1-4
1-5

2.0 Comments Received and Responses
Meridian Consultants 2.0-4 City of Needles General Plan Update MND 328-003-22 January 2023
COMMENT LETTER 1: COUNTY OF SAN BERNARDINO, DEPARTMENT OF PUBLIC WORKS,

ENVIRONMENTAL MANAGEMENT DIVISION, NANCY SANSONETTI, AICP, SUPERVISING PLANNER, DATED JANUARY 3, 2023.

Comment 1-1
The comment states that the County “is aware there may be storm drains in and around the site that may be affected by the proposed Project. When planning for or altering existing or future storm drains, be advised that the Project is subject to the Needles Master Plan of Drainage (MPD), dated April 2006. It is to be used as a guideline for drainage in the area and is available at the San Bernardino County Department of Public Works offices. Any revision to the drainage should be reviewed and approved by the jurisdictional agency in which the revision occurs. Should construction of new, or alterations to existing storm drains be necessary as part of the Proposed Project, their impacts and any required mitigation should be discussed within the IS/MND before the document is adopted by the Lead Agency.” Response
The Draft MND/IS (see Section 5.19: Utilities and Service Systems, a. Stormwater) notes that the flood control functions of the County are handled through the San Bernardino County Flood Control District.

The Draft MND/IS notes that the proposed Land Use Element includes policies that will assist the City in managing stormwater. These include:

Policy LU-1.1 Growth management. Encourage new development to take place in areas that are already served by existing utilities, expanding, and improving systems and capacity as appropriate and fiscally sustainable. Discourage development and extension of services outside of the City’s incorporated boundaries.

Policy LU-1.8 Public facilities. Plan and coordinate to locate land and size facilities dedicated to open space, parks, education, and other public uses as appropriate to serve existing and future residents.

The Draft MND/IS further notes that the City has a development fee structure to fund public facilities and infrastructure as reasonably related to impacts on the City from residential development and other development. For future development proposals, the County does not require the payment of impact fees to pay for the construction and maintenance of regional infrastructure, although each project is required to include drainage improvements. Further, the current systems would be able to provide adequate services to meet the needs of future development projects that may accompany the proposed General Plan Update.

The proposed General Plan Update is a policy-level planning document and does not authorize the construction of any new development. Therefore it would not cause significant environmental effects.

Future developments would be subject to review to identify any environmental impacts and their subsequent mitigation. Impacts would be less than significant. No mitigation is required.

The comment is acknowledged and will be provided to the City Council for their information.

2.0 Comments Received and Responses
Meridian Consultants 2.0-5 City of Needles General Plan Update MND 328-003-22 January 2023
Comment 1-2
The comment states that the proposed Project “lies within FEMA Zones D (undetermined), A, AE, AO, X (outside the 500-yr. floodplain), and X-shaded (within the 500-yr. floodplain; 0.2% chance of annual flooding), the Regulatory Floodway, according to the most recent FEMA Flood Insurance Rate Map (FIRM),” and “potential impacts and any proposed mitigation for the project’s occurrence in the abovementioned floodplain and FEMA Zones, should be discussed.” Response
The Draft MND/IS (see Section 5.10, Hydrology and Water Quality, a, Stormwater, d, ii) notes that within the City of Needles, there are flood zones designated as X, X-0.2-percent A, AE, AH, and AO, as shown on Figure 5.10-1: Flood Hazard Areas in the Draft MND/IS.

The Draft MND/IS notes that the City’s existing General Plan Land Use Element contains policies and implementation measures addressing the City's hydrological conditions such as discouraging residential development in officially recognized areas subject to flooding unless appropriate mitigation actions are implemented and ensuring that land uses are protected against potential erosion. Policy 10 of the existing Land Use Element states: “Ensure that land uses are protected against potential erosion,” through “grading and landscaping standards designed to prevent erosion and protect uses against potential erosion.”
The proposed updates to the Land Use Element as part of the General Plan Update would remain consistent with the safety provisions present in the existing Land Use Element.

The Land Use Element of the proposed General Plan Update also includes policies intended to minimize the risks posed by flooding or erosion states:

Policy LU-1.7 Environmentally Sensitive Development. Require new development to maximize its compatibility with the natural environment and avoid expansions or encroachments into environmentally sensitive areas.

The Draft MND/IS also identifies the City’s existing Safety Element, which will continue to be maintained.

The following safety standards and policies have been established by the City to address the safety and needs of the community:

1. Discouraging development in areas known to possess a significant safety hazard unless appropriate mitigation measures are applied.

2. Existing safety hazards should be mitigated whenever possible.

3. In safety matters, the concept of an acceptable level of risk should be employed. The level of risk is based upon the number of people and critical facilities threatened.

The Safety Element also incorporates goal, policy, and implementation related to flood hazards (listed below).

2.0 Comments Received and Responses
Meridian Consultants 2.0-6 City of Needles General Plan Update MND 328-003-22 January 2023
Goal 1: To protect to the maximum extent possible, persons and property from natural and people-made hazards and dangers.

Policy 1: Pursue the protection of the existing population and future development from the hazards of flooding, seismic, and fire.

Implementation 1a: Upgrade and maintain the flood protection facilities such as flood control channels and
levees within the City.

Implementation 1b: Bring structures within the City up to the highest possible level of safety as determined
in State and local codes.

Policy 2: Ensure that safety services are adequate to handle future development within the community.

Implementation 2: Provide additional manpower, equipment and facilities as dictated by community
development activities.

The proposed General Plan Update does not propose or entitle any new development in the City at this time and would not directly result in any changes to the physical environment. There are no proposed updates to the Land Use and Transportation Element that would be inconsistent with the existing Safety Element. All future development in the City would require project-specific evaluation in order to determine consistency with State, regional, and local requirements, including the City’s General Plan and the Water Quality Control Plan for the Colorado River Basin. In addition, future development would be subject to the oversight and regulations of the County Flood Control District. Impacts would be less than significant. No mitigation is required.

The comment is acknowledged and will be provided to the City Council for their information.

Comment 1-3
The comment states that “one of the benefits of the [Needles Master Plan of Drainage] MPD is to identify the potential alignments of future drainage and flood control facilities. It is recommended that the City of Needles to (sic) continue to use this document to protect the alignment of future facilities.” Response
The Draft MND/IS (see Section 5.10: Hydrology and Water Quality, a. Stormwater, d, ii) notes that all future development in the City would require project-specific environmental evaluation to determine consistency with State, regional, and local requirements, including the City’s General Plan and the Water Quality Control Plan for the Colorado River Basin. The City’s Safety Element also places emphasis on protecting the existing population and future development from hazards including flooding by means of the goals, polices, and implementation measures listed above. The Flood Control District of the San

2.0 Comments Received and Responses
Meridian Consultants 2.0-7 City of Needles General Plan Update MND 328-003-22 January 2023
Bernardino Department of Public Works would also coordinate departmental review and issue permits for any future development activity, land use permits, and general encroachment within the District’s rightof-way.

The comment is acknowledged and will be provided to the City Council for their information.

Comment 1-4
The comment states that the County “recommend[s] that the City enforce, at a minimum, the most current FEMA regulations for development within the Special Flood Hazard Area (SFHA).” Response
The Draft MND/IS (see Section 5.10: Hydrology and Water Quality, a: Stormwater, d, ii) notes that all future development in the City would require project-specific environmental evaluation to determine consistency with State, regional, and local requirements, including the City’s General Plan and the Water Quality Control Plan for the Colorado River Basin. The City’s Safety Element also places emphasis on protecting the existing population and future development from hazards including flooding by means of the goals, polices, and implementation measures listed above. The Flood Control District of the San Bernardino Department of Public Works would also coordinate departmental review and issue permits for any future development activity, land use permits, and general encroachment within the District’s rightof-way.

The comment is acknowledged and will be provided to the City Council for their information.

Comment 1-5
The comment states that the “City of Needles Circulation Plan and road classifications does not match San Bernardino County’s Roadway Network Policy Map TM-1D within the Countywide Plan. Potential impacts associated with changes to the Circulation Plan and road classifications, and proposed mitigations for the impacts, should be discussed within the environmental document prior to adoption or certification.”
Response
The Draft MND/IS (see Section 5.17, Transportation and Traffic) notes that City roadways have connectivity within Needles and between the City and its adjacent jurisdictions. However, the City is a separate jurisdiction from the County and is not required to maintain roadway classifications, as noted in the San Bernardino County’s Roadway Network Policy Map TM-1D, within the Countywide Plan.

The Draft MND/IS further notes that the traffic analysis (See Appendix D of the Draft MND/IS) utilized the San Bernardino Transportation Analysis Model (SBTAM) as basis for the analysis of roadway improvements for the proposed Transportation Element.

2.0 Comments Received and Responses
Meridian Consultants 2.0-8 City of Needles General Plan Update MND 328-003-22 January 2023
The City is a separate jurisdiction from the County and is not required to maintain roadway classifications, as noted in the San Bernardino County’s Roadway Network Policy Map TM-1D, within the Countywide Plan.

As noted in the Draft MND/IS (see Section 2.3: Description of the Proposed Project), the City’s Circulation Plan will be revised to update roadway designations and accompanying street cross sections. The City’s circulation system (streets and roads, bikeways, and pedestrian routes) will be updated to enhance mobility in and around Needles for more efficient and safer motorized and nonmotorized circulation, with a focus on aligning future growth projections and necessary roadway improvements. The proposed Circulation Plan is shown in Figure 2.0-6: Proposed Circulation Plan in the Draft MND/IS.

The proposed roadway classifications are shown in the Draft City of Needles Land Use & Transportation Element (December 2022) on Exhibit 9: Street Sections. As shown, sections are typical right-of-way designs; design may be adjusted by the City based on constraints that are unique to specific locations.

The Draft MND/IS (see Section 5.17: Transportation and Traffic) notes that City roadways have connectivity within Needles and between the City and its adjacent jurisdictions.

The City intends to limit growth and development to its incorporated boundaries and does not plan to promote growth or changing land use or circulation in its unincorporated sphere of influence (SOI).

The City evaluated its current roadway system and the classifications as shown on the County’s Roadway Network Policy Map within the Countywide Plan. Within the City of Needles, the roadways were previously (Transportation Element updated in 1986) designated and sized to accommodate a tremendous amount of potential growth, and anticipated a substantial change from existing conditions. While level of service is no longer the evaluation criteria used under CEQA analysis, the City still evaluated roadway performance in its traffic analysis (using SBTAM). Since 1986, little growth has occurred and the City anticipates a more modest growth trajectory (as reflected in the proposed buildout conditions for 2040) that, based on a thorough traffic analysis, would not require an expansion of roadways beyond existing conditions (existing number of lanes as of 2022) while being able to maintain acceptable performance (roadway capacity/LOS).

Other roadways were designated based on either the desire to maintain capacity for expansion as a highway facility (Needles Highway/U.S. 95) or as a connector to Interstate 40, designed to accommodate non-motorized modes of travel safely while maintaining existing lanes for motorized vehicles, or designed to be suitable for the City’s downtown area. The proposed changes to City roadway classifications to accommodate non-motorized modes of travel should, compared to either the City’s or County’s current roadway classifications, actually reduce vehicle miles traveled (VMT), which is an evaluation criterion under CEQA).

The Draft MND/IS notes that the traffic analysis (see Appendix D of the Draft MND/IS) utilized the San Bernardino Transportation Analysis Model (SBTAM) as basis for the analysis of roadway improvements for the proposed Transportation Element.

2.0 Comments Received and Responses
Meridian Consultants 2.0-9 City of Needles General Plan Update MND 328-003-22 January 2023
The proposed Transportation Element contains two primary goals, under which the Element’s policies are organized. The goals proposed include:

GOAL TR-1 A Safe, Efficient and Fiscally Sustainable Network of Streets that are Adequate for Residents, Business, Visitors and Emergency Services.

GOAL TR-2 A Multimodal Network that Provides for the Safe and Convenient Movement of People of All Ages and Abilities.

As a result of the proposed General Plan Update Transportation Element’s emphasis on safely accommodating both drivers and users of active modes of transportation, the adoption of the proposed General Plan Update would effectively improve the General Plan’s provision of policies that protect the safety of circulation system users. Further, upon adoption of the General Plan Update, the proposed Transportation Element would supersede the existing Transportation Element and would thus become the central governing document regulating the planning, maintenance, and use of the City’s circulation system, which all other plans, policies, and regulations must then comply with from that point forward.

Finally, while the City acknowledges the roadway classifications as noted in the San Bernardino County’s Roadway Network Policy Map TM-1D within the Countywide Plan and recognizes that the County maintains jurisdictional authority over roadways in unincorporated areas, the City is updating its General Plan to plan for roadways within its jurisdictional authority within its incorporated boundaries and to express its preference for roadways within its unincorporated sphere of influence.

The comment is acknowledged and will be provided to the City Council for their information.

Meridian Consultants 3.0-1 City of Needles General Plan Update MND 328-003-22 January 2023

3.0 MITIGATION MONITORING AND REPORTING PROGRAM
A Mitigation Monitoring and Reporting Program (MMRP) has been prepared, pursuant to the requirements of the State CEQA Guidelines Section 15074(b)(6),
10 identifying the monitoring of mitigation measures
that would reduce potential significant impacts, as stated in the Draft MND/IS, for the proposed Project.

State CEQA Guidelines Section 1509711 requires public agencies adopting an MND to also adopt a program for monitoring or reporting to ensure that the mitigation measures it has imposed to mitigate or avoid significant environmental effects are implemented.

This MMRP will be required to be adopted by the City Council should it (the Council) approve the proposed Project. The MMRP will be available at the City, located at 817 Third Street, Needles, CA 92363.

The MMRP may be modified by the City in response to changing conditions or circumstances. A summary table (Table 3.0-1: Summary of Project Impacts, Mitigation Measures, and Implementation Responsibility) should guide the City in its evaluation and documentation of the implementation of mitigation measures. The MMRP is organized as follows:
• Mitigation Measure: Provides the text of the mitigation measures identified in the Draft MND/IS. • Timing/Schedule: Identifies the timeframe in which the mitigation will take place. • Implementation Responsibility: Identifies the entity responsible for complying with mitigation measure requirements.
• Implementation and Verification Action: Describes the type of action taken to verify implementation.

The City is responsible for taking all actions necessary to implement the mitigation measures according to the provided specifications and for demonstrating that each action has been successfully completed.

The Assistant City Manager/Development Services, at his/her discretion, may delegate implementation responsibility or portions thereof to a licensed contractor. 10 California Code of Regulations, CEQA Guidelines, Sec. 15074(d). 11 California Code of Regulations, CEQA Guidelines, Sec. 15097.

3.0 Mitigation Monitoring and Reporting Program
Meridian Consultants 3.0-2 City of Needles General Plan Update MND 328-003-22 January 2023
TABLE 3.0-1

SUMMARY OF PROJECT IMPACTS, MITIGATION MEASURES, AND IMPLEMENTATION RESPONSIBILITY Mitigation Measure
Timing/
Schedule
Implementation
Responsibility
Implementation and
Verification Action
Land Use
MM LU-1: The City shall revise the Zoning Code,
specifically section General Commercial C2,
to reflect the addition of the Downtown Core
and changes that would result to permissible
uses.

Within 30 days of adoption of
the Land Use Element
Assistant City
Manager/Development
Services
File updated code with
the City Clerk.

MM LU-2: The City shall revise the Zoning Code Section
12A-6, Regulations Applicable to Retail
Cannabis Businesses, to include restrictions
related to cannabis operation within the
Downtown Core.

Within 30 days of adoption of
the Land Use Element
Assistant City
Manager/Development
Services
File updated code with
the City Clerk.

JANUARY 2023

APPENDICES FOR

FINAL MITIGATED NEGATIVE DECLARATION/ INITIAL
STUDY
for the

CITY OF NEEDLES

GENERAL PLAN UPDATE
SCH NO. 2022070300
PREPARED FOR:

City of Needles
817 Third Street
Needles, CA 92363
PREPARED BY:

Westlake Village Office
920 Hampshire Road, Suite A5
Westlake Village, CA 91361
Los Angeles Office
706 S. Hill Street, 11th Floor
Los Angeles, CA 90014
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