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PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date: September 2, 2026
To: Honorable Mayor and City Council Members
From: Eric Levitt, City Manager
Mary E. Lanier, Interim Director of Community Development & Housing
Department: Community Development & Housing
Subject: Appeal 26-10 of the Planning Commission's Approval of Subdivision 25-01 (Tentative Tract Map No. 20707)
and Mitigated Negative Declaration for the 105-Lot
Verdemont Heights Residential Project (Ward 5)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Conduct a public hearing on Appeal 26-10; and
2. Adopt Resolution No. 2026-144 of the Mayor and City Council of the City of San Bernardino, California, denying Appeal 26-10 thereby upholding Planning Commission’s approval to adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program under the California Environmental Quality Act; approving Subdivision 25-01 (Tentative Tract Map No. 20707) allowing the subdivision of a project site comprised of six (6) parcels containing a total of approximately 107.7 acres into one hundred and five (105) single-family lots ranging in size from 10,000 to 24,891 square feet; located on the terminus of Antique Street; North of Verdemont Drive (APN: 0261-011-02, 03, and 10; and 0348-121-14, 27, and 28) within the Residential Low (RL) Zone. (Attachment 1).
City Manager's Comments
The City Manager concurs with the Planning Commission decision and recommends denying the appeal 26-10.
Executive Summary
Appeal 26-10 pertains to the subdivision of six (6) parcels containing a total of approximately 107.7 acres into one hundred and five (105) single-family lots. The 2 2
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Planning Commission approved this subdivision and adopted a Mitigated Negative Declaration (MND), which addressed all potential environmental impacts for the project and includes mitigation measures so that no significant effects will occur. This allows for an MND to be prepared in lieu of an Environmental Impact Report (EIR). The Supporters Alliance for Environmental Responsibility (SAFER) contends that the project may have significant impacts on biological resources and is appealing the Planning Commission’s approval of the subdivision and associated MND on the grounds that an Environmental Impact Report was not prepared. Upholding the appeal will overturn the Planning Commission’s approval of the subdivision and prevent the subdivision of the parcels into one hundred and five single family lots. Rejecting the appeal will uphold the Planning Commission’s approval and allow the subdivision to proceed.
Background
On July 14, 2026 the Planning Commission held a duly noticed public hearing, and at which meeting staff recommended that the Planning Commission adopt Resolution No. 2026-018 approving Subdivision 25-01 (Tentative Tract Map No. 20707) to allow the subdivision of six (6) parcels into one hundred and five (105) single-family lots located on the Terminus of Antique Street; North of Verdemont Drive, in accordance with the requirements of Chapter 19.66 (Subdivision Maps), of the City of San Bernardino Development Code (Attachment 5).
During said meeting Chase Preciado, a representative of Lozeau Drury on behalf of Supporters Alliance for Environmental Responsibility (SAFER), spoke in opposition to the Initial Study/Mitigated Negative Declaration. Mr. Preciado stated that the project may have significant impacts on biological resources, adding that in this case, based on an observation, monarchs would be affected by the development. Therefore, an EIR must be prepared.
The applicant responded, stating that the claims are unsubstantiated sense there were no observations on site other than the potential observation around the perimeter of the 105.5 acre site. The applicant also states that CEQA does not require an EIR. The Initial Study/Mitigated Negative Declaration and the biological assessment provide substantial evidence supporting the City’s determination.
The Planning Commission considered the proposal for Subdivision 25-01 (Tentative Tract Map No. 20707) After public testimony and deliberation among the Planning Commission, Commissioner Ngalande made a motion and Commissioner Quiel seconded the motion to Approve Resolution No. 2026-018 Approving Subdivision 25- 01 (Tentative Tract Map No. 20707). Out of six (6) Commissioners present, the motion to approve received six (6) votes, which is a majority. As a result of the majority vote taken, the motion passed, and Subdivision 25-01 (Tentative Tract Map No. 20707) was approved.
Subsequently, in accordance with Section 19.52.100 (Filing of Appeals) of the City of San Bernardino Development Code, Supporters Alliance for Environmental Responsibility filed an Application for Appeal 26-10 within the 15-day appeal period of 2 2
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the decision taken by the Planning Commission approving Subdivision 25-01 (Tentative Tract Map No. 20707) (Attachment 6).
Discussion
Appeal Grounds
On July 27, 2026, an Application for Appeal 26-10, from Lozeau Drury, LLP was filed.
The specific grounds for the appeal are summarized as follows:
▪An Environmental Impact Report (EIR) should have been prepared instead of a Mitigated Negative Declaration (MND) in accordance with the California Environmental Quality Act (CEQA). There are significant environmental impacts that were not addressed in the MND and need to be addressed in an EIR; and ▪The City should prepare and circulate an EIR for the project prior to making any project approvals.
Based on the information provided, the applicant is requesting that the Mayor and City Council uphold Appeal 26-10, thereby denying the Planning Commission’s approval of Subdivision 25-01 (Tentative Tract Map No. 20707), not allowing the subdivision of a project site comprised of six (6) parcels containing a total of approximately 107.7 acres into one hundred and five (105) single-family lots ranging in size from 10,000 to 24,891 square feet;
Project Description/Analysis
The subject site is located within an urbanized area developed with existing single- family dwellings. The Residential Low (RL) zone is intended to promote the development of low-density, large lot, single-family detached residential units with a minimum average lot size of 9,720 square feet, and a maximum density of 3.1 units per net acre. The proposed Subdivision 25-01 (Tentative Tract Map No. 20539) consists of subdividing six (6) existing parcels into one hundred and five (105) parcels to allow for the future development of single-family dwellings on an underutilized vacant site. The project site is located on the Terminus of Antique Street; North of Verdemont Drive (APN(s): 0261-011-02, 03, and 10; and 0348-121-14, 27, and 28) within the Residential Low (RL) zone.
The proposed lots will range from 10,000 to 24,891 Square Feet. Which meets the required lot size for the Residential Low zone. The project will also consist of four basins ranging from 32,678 to 81,404 square feet and a 42,627 square foot overflow route/open space area. Six (6) new streets will be created with direct ingress/egress to the site from Verdemont Drive. The proposed project will be compatible with the properties to the south, east and west which are also Zoned Residential Low (RL) and will be harmonious to the existing adjacent residential uses.
Traffic
The City's Traffic Engineering Division has reviewed the Traffic Impact Analysis (TIA) that was required for the proposed project. The factors that were reviewed during the traffic study included existing and future traffic conditions, estimated project trip generation and distribution, performed intersection level of service analyses, site 2 2
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access and circulation reviews, and assessed potential project-related impacts on the roadway system. Traffic Engineer has determined that the proposed project will have no substantial transportation effects at the study area intersections for any of the scenario conditions.
California Environmental Quality Act (CEQA)
In accordance with the state’s California Environmental Quality Act (CEQA) guidelines (State CEQA Guidelines) under California Code of Regulations Section 15063, the applicant submitted and the Planning Division accepted an Initial Study/Mitigated Negative Declaration (Attachment E) prepared in connection with Subdivision 25-01 (Tentative Tract Map No. 20707). Accordingly, pursuant to Section 15072 of the State CEQA Guidelines, a Notice of Intent to Adopt a Mitigated Negative Declaration for Subdivision 25-01 (Tentative Tract Map No. 20707) was posted on March 16, 2026, for the CEQA mandated thirty (30) day public review and comment period.
During the thirty (30) day public review and comment period for the Draft Initial Study/Mitigated Negative Declaration for the project, comments were received from SoCalGas, Lozeau Drury LLP, Supporters Alliance for Environmental Responsibility, Yuhaaviatam of San Manuel Nation and Caltrans. A response was provided to each comment letter received.
No new significant environmental effects have been identified in the Draft Initial Study/Mitigated Negative Declaration and no changes to the Draft Initial Study/Mitigated Negative Declaration constitute substantial revisions requiring recirculation under the CEQA Guidelines Section 15073.5.
Strategic Targets and Goals
Subdivision 25-01 (Tentative Tract Map No. 20707) aligns with Key Target No. 3:
Improve Quality of Life. The proposed one hundred and five (105) lot single family subdivision will allow for the future development of single-family dwellings on an underutilized vacant site, which will be compatible with the surrounding residential uses and will help the City meet the State of California Housing requirements.
Fiscal Impact
There is no financial impact associated with the item.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Conduct a public hearing on Appeal 26-10; and
2. Adopt Resolution No. 2026-144 of the Mayor and City Council of the City of San Bernardino, California, denying Appeal 26-10 thereby upholding Planning Commission’s approval to adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program under the California Environmental Quality Act; approving Subdivision 25-01 (Tentative Tract Map 2 2
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No. 20707) allowing the subdivision of a project site comprised of six (6) parcels containing a total of approximately 107.7 acres into one hundred and five (105) single-family lots ranging in size from 10,000 to 24,891 square feet; located on the terminus of Antique Street; North of Verdemont Drive (APN: 0261-011-02, 03, and 10; and 0348-121-14, 27, and 28) within the Residential Low (RL) Zone. (Attachment 1).
Attachments
Attachment 1 Resolution No. 2026-144 (Denying Appeal 26-10) Attachment 2 Resolution No. 2026-144, Exhibit A – Approved Plans Attachment 3 Resolution No. 2026-144, Exhibit B – Mitigation Monitoring and Reporting Program
Attachment 4 Full Initial Study/MND
Attachment 5 Planning Commission Resolution No. 2026-018 Attachment 6 Application for Appeal 26-10, Dated July 27, 2026 Attachment 7 Resolution No. 2018-88 Quasi-Judicial Hearings Rules Attachment 8 City Council Appeal Response Letter - Verdemont Heights Project (TTM 20707)
Attachment 9 Power Point
Attachment 10 Newspaper Publication
Ward:
Fifth Ward
Synopsis of Previous Council Actions:
N/A