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ERWIN LAKE Gas Station Convenience Store appeal

Edition of April 30, 2016

Case CIVDS1509417 - FRIENDS OF BIG BEAR-V-COUNTY OF SAN BERNARDINO

Stipulated Judgement released 4-13-16, restricting the project to a market only, no gas station. A copy on my desktop of the ruling in pdf This was downloaded at 50 cents per page by Carol Vantine from the county open access court records. Which does not offer direct links to the county court records. Maybe someone can get a more legible copy and/or more supplemental documents.

San Bernardino County Courts Open Access system, enter Mumen Maida

Liquor license approval information 7-30-'15 update on restrictions.

Public Hearings Schedule on County Board of Supervisors Agenda
Land Use Services, 6/2/2015, Planning Appeal - Establish a convenience store, gas station & residence (Erwin Lake) unless a special board meeting is called before that.

Public comment is accepted by the Clerk of the Board up to the date of the public hearing, June 2, 2015 You can signup for email notification re the agenda on the website of the Clerk of the Board of Supervisors.

The proposal was approved by the Planning Commission at a Public Hearing on February 5, 2015, at the San Bernardino County Government Center, located at 385 North Arrowhead Avenue, San Bernardino, CA  92415.

To assist you in preparing a letter or email to the Board of Supervisors, Sandy Steers and Tricia Cameron offer a draft format for your use. It has a summary of major objections to the proposed project. If you have not received same, I will forward it to you.

To help with financial support go to the website of Friends of Big Bear Valley and donate via Paypal or credit/debit card towards the $1192 appeal filing fee and other anticipated expenses. or send a check or money order to Friends of Big Bear Valley, P.O. Box 422 Fawnskin, CA 92333 In either case designate it is for the campaign re: the Erwin Lake Gas Station. You will receive a tax-deductible donation receipt.

I maintain an alphabetical email list of those opposed to the proposal as submitted. Email me to add your email address to my list. Email Joe Nix at nixit@charter.net

Victorville City Council denies appeal by Munem Maida to remove liquor sales restrictions. Inland Daily, April 9, 2014 Maida plans to build a $3 million convenience store and gas station on the southeast corner of Highway 395 and Luna Rd, Victorville.

Jason Jones Change.org petition Stop Erwin Lake Market and Gas Station.
0r via Tiny URL


Below this line are documents and correspondence dated prior to the Planning Commission meeting of Feb. 5, 2015. Many of those documents I list date back to the spring of 2014. For privacy matters I have not posted later letters to the Planning Commission.

The Detailed Agenda Planning Commission Feb 5, 2015

The hearing was held in the Main Hearing Chambers on the First Floor.  Please share this email and Notice of Hearing with other interested parties or those who signed a petition in person or electronically.     

I encourage you to contact me with any questions or concerns.  Thank you.  

Please take a moment to complete our 1 Minute Satisfaction Survey www.surveymonkey.com  

Oxso Shahriari
Planner, Land Use Services Department
County of San Bernardino
385 North Arrowhead Avenue, First Floor
San Bernardino, CA  92415-0187
Tel: (909) 387-4180                                            Fax: (909) 387-3223 Email: oxso.shahriari@lus.sbcounty.gov       Website: www.sbcounty.gov     

Our Job is to create a county in which those who reside and invest can prosper and achieve well-being.”  

The County of San Bernardino Development Code may be accessed at:
Development Code

NOTICE OF HEARING

A PUBLIC HEARING HAS BEEN SCHEDULED BEFORE THE

SAN BERNARDINO COUNTY PLANNING COMMISSION

TO CONSIDER THE FOLLOWING APPLICATIONS:

PROJECT DESCRIPTION

APNs:

0315-231-17 & 0315-085-28

APPLICANT:

Munem Maida

PROPOSAL:

A Conditional Use Permit to establish a 6,793 square foot

 

convenience store, gas station, and a caretaker residence on

 

0.90 acre

COMMUNITY:

Erwin Lake/3rd Supervisorial District

LOCATION:

East/southeast corner of State Highway 38 and State Lane

PROJECT NO.:

P201300086

REPRESENTATIVE:

Steeno Design Studio

STAFF:

Oxso Shahriari, Planner

DATE AND TIME OF HEARING: February 05, 2015 at 9:00 a.m. or thereafter.

PLACE OF HEARING: SAN BERNARDINO COUNTY GOVERNMENT CENTER

Covington Chamber, First Floor

385 North Arrowhead Avenue - [Between 3rd and 5th Streets] San Bernardino, CA 92415

Any person affected by this application may submit their concerns in writing prior to the hearing or appear in person and be heard in support or opposition to the proposal at the time of the hearing.

If you challenge any decision regarding the above proposal in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. Due to time constraints and the number of persons wishing to give oral testimony, time restrictions may be placed on oral testimony at the public hearing regarding this proposal. You may wish to make your comments in writing to assure that you are able to express yourself adequately.

The proposed project applications and environmental findings may be viewed at the Land Use Services Department, Planning Division at 385 Arrowhead Avenue, 1st Floor, San Bernardino, CA from 8:00 a.m. until 5:00 p.m. To assure that someone will be available to assist you, it is suggested that you call the Planning Division at 909-387-8311 to set a time to review the documents.

The Planning Commission, upon deliberation, could approve, approve with conditions or modifications, or deny the project.

 

Munem Maida Notice of Availability/ Intent 2014 Revised Initial Study 2014

scroll down in the link to find detail on the revised Initial Study, 2014

COMMENT period to Planning Commission ended Dec. 22, 2014

Relevant lawsuit Jan. 2013 California vs Phillip for environmental violations.

Attorney General's Letter,January 2013 on groundwater contamination at over 560 of Phillips and ConocoPhillips gas stations along with other environmental regulations.
For the entire press releasecomplaint


Approach to entrance
from 38

exit behind white
car

approximate location
of exit

looking west on State
Ln from dead end road

View from where 1st Ln
exits onto State Ln,
note Market only sign to right

View of dead end road

Note sign says Market,
not Gas and Market

From here you can see 38
traffic through the trees.

The following may not effect the gas station proposal but it does define restrictions on development within a scenic corridor.

Oct. 23, 2014 at the Planning commission the following was approved: A Development Code Amendment to revise the provisions for the Open Space Overlay to clarify the regulations regarding development along scenic routes. (Final action by the Board of Supervisors)

source: 14 pages Development Code relative to scenic routes

SUMMARY: Land Use Services staff has been reviewing the regulatory language contained in the Development Code relative to scenic routes, and recently shared the Development Code language with the California Department of Transportation (Caltrans). In the Caltrans Scenic Highway Guidelines, the State lists five legislative elements required for a jurisdiction’s Corridor Protection Program to be considered consistent with the State’s guidelines for designating scenic highways.

Caltrans staff reviewed the County scenic route protection regulations and recommend minor adjustments. Staff has reviewed the State’s recommendations and has made the appropriate changes to the language to make the County’s regulations consistent with the State guidelines. These changes involve additional language pertaining to the viewshed analysis, signs and wireless telecommunication facilities.

If adopted, these new regulations would require a viewshed analysis for all discretionary projects if it is determined through the California Environmental Quality Act (CEQA) analysis that the proposed project(s) may have a significant impact on scenic resources. The visual impact analysis would include recommendations for mitigation measures, as needed to minimize or avoid significant impacts to scenic resources. Additionally, the proposed amendment would add language relative to on-site signs, emphasizing that the environmental review required for discretionary projects in conjunction with the regulations in Chapter 83.13 [Sign Regulations] will ensure that the scenic quality of properties located within the overlay will be addressed. The proposed amendments would also add language relative to wireless telecommunication facilities, stating that such facilities shall be allowed within the scenic resources overlay area, pursuant to Chapter 84.27 [Wireless Telecommunication Facilities] subject to the measures of Section 84.27.050 [Minimizing Impacts] to minimize their visibility to the greatest extent feasible.

The proposed revisions have been sent back to Caltrans staff for their final concurrence. Staff has not received a response yet, but based on the minor nature of their original comments, no additional concerns are anticipated.


The gas station/convenience store was taken off the Planning Commission agenda on MAY 22, 2014 as stated in the minutes of the meeting Minutes, Planning Commission 5-22-'14 I asked Oxso Sharairi on 10-22-'14 if the application has been withdrawn.

A prior Interoffice memo recommended it be taken off the agenda :"During the April 17, 2014, Planning Commission hearing, the Planning Commission approved staff’s recommendation to continue the item to May 22, 2014 to allow staff time to address comments received from the California Department of Fish and Wildlife. In the meantime, additional analysis has been requested by Caltrans. The applicant is working on technical reports requested by the State agencies. Therefore, staff recommends that the item be taken off calendar. The item will be rescheduled for a Planning Commission hearing once all outstanding issues have been resolved. RECOMMENDATION: Take Item Off Calendar."

All documents submitted to Land Use Services are published by the County at: Copies of correspondence 147 pages re this project to and from the office of Planner, Land Use Services, Oxso Shahriani.

And I have I assume all of those submitted by those opposing the project printed below for ease of access.

5-9-14 Letter Martinez to Devereaux CEO of San Bernardino County, a must read summary of issues and a second request for a public hearing on the project. Key sentences: threat to the sole source acquifier water supply for Erwin Lake residents. "San Bernardino Counties effort to shield the developer from further upfront costs of this project creates a new taxpayer and County burden for the future."

Mike Stewart ltr May 8. County liability if road hazards are not addressed.

Jason Jones ltr May 8 State Lane inadequate for tanker trucks.

Traffic hazards caused by the sites in and out driveways vis a vis the existing State Lane by Joe Nix

Reply April 30th, to Jason Jones ltr below:
From Oxso Sharairi, are the Preliminary Hydrology Drainage Study and the Preliminary WQMP Water Quality Management Plan.

Here are the four attachments to the email sent out 4-27-14.

  • 4-16-14 Fish & Wildlife ltr to Land Use Services
  • 16-17 April ltrs exchanged Land Use Services-Fish&Wildlife.
  • 4-24-14 Pacific Code Compliance ltr to Christine Kelly, Director LUS, requesting a public information meeting.
  • ENDANGERED SPECIES ACT SECTION 6 GRANT PROGRAM
  • detailed 10 page report. NOTICE OF PUBLIC HEARING was set for April 17, 2014 BEFORE THE SAN BERNARDINO COUNTY PLANNING COMMISSION TO CONSIDER Proposal by Munem Maida APN: APPLICANT: 0315-231-17 for A CONDITIONAL USE PERMIT TO ESTABLISH A 6,793 SQUARE FOOT CONVENIENCE STORE, GAS STATION, AND A CARE-TAKER RESIDENCE ON 0.90 ACRE COMMUNITY: LAKE ERWIN/3RD SUPERVISORIAL DISTRICT LOCATION: EAST/SOUTHEAST CORNER OF STATE HIGHWAY 38 AND STATE LANE

    Letters from public against above proposal. Released by Oxso Shariari April 12, 2014.

    APRIL 6, 2014 email from Jason Jones to Oxso Shahriari, Planner, Land Use Services Department County of San Bernardino

    Hello Sir,   Can you please provide the mitigated negative declaration filed to all inquiring parties?  In light of recent court decisions, Joshua Tree Downtown Business Alliance vs. County of San Bernardino,  along with numerous valid reasons WHY an EIR should be performed,  why is the county ignoring this?  I heard the county recommended a percolation system to manage runoff.  Is this correct?  What does the Water district, Calif. Dept. of Fish and Wildlife, National Forest Service to name a few have to say about this?  A full and complete EIR needs to be performed period.  The quality of life, the environment and economy is at stake.  Insure that ALL CEQA guidelines are followed.  This may be a “little” project to the county but it is huge one for us.  There may also be errors in the calculation of total acreage of the lot.  If the lot is joined with the small parcel as noted in the agenda,  what will the total size of the lot be?  Certain conditions apply to projects 1 acre and larger.  Was this taken into consideration?   Thank you,   Jason Jones, jasman100@verizon.net

    RESPONSE: "Please see the attached Conditions of Approval Exhibit B COA-Final which were finalized, just today (April 9, 2014). Listed within these conditions are phone numbers for the reviewing agencies who have conditioned the project.  The Mitigated Negative Declaration is not considered final until it is adopted by the Planning Commission on the date of hearing.  However, the Notice of Availability/Intent along with the Initial Study are (also) available at the link below, under project applicant’s name “Munem Maida”. http://cms.sbcounty.gov or directly) Thank you for your continued interest.  I encourage you to contact me with any questions or concerns. 
    Thank you. Oxso Shahriari, Planner, Land Use Services Department County of San Bernardino

    Lead paragraphs of 4-9-'14 Detailed Alarming report by Friends of Fawnskin
    First, we are greatly disturbed by the project proponent’s recent attempt to divert or mislead the public. By hosting a public-invited luncheon at the project site on November 16 to ostensibly provide information about the proposed project, he instead used the forum to emphatically state to all attendees that this proposed project was “a done deal” and there was nothing they could do about it. At that time, the Initial Study had not yet been released nor any public hearings held. Given the recent history of malfeasance in the County over development projects, it is extremely alarming that the applicant in this case is publicly asserting that he already has some inside arrangement or deal guaranteeing County approval, well before the public has had an opportunity to participate. We hope that is not the case and that the County fully intends to follow all the guidelines of the California Environmental Quality Act (CEQA). But the deliberate insinuation by the developer carries very troubling implications and casts a dark shadow over this particular project. Any shortcuts or circumventions of CEQA will incite serious suspicion and raise major red flags about favoritism or back room deals.

     

    Location of proposed gas station/market

    tracts served by State Lane.
    County Land use overlay map
    for Erwin Lake. Codes explained at map bottom

    A comment on the issues by Sheryll Lightner BIG BEAR CITY, CA, as posted in comments on the petition.

    "We live in the neighborhood of Erwin Lake, the primary access for which is State Lane, the site of the proposed gas station/market. We have lived here through FORTY winters. Enticing drivers unfamiliar with the "ess" curves at the entrance to this area to make last-minute decisions to turn onto State Lane (most likely to use the restrooms), particularly in the often-icy winter months, is putting those drivers AND our many local residents in danger of being hit and injured - or worse- by the possibly out-of-control autos which make the turn at too great a speed off the state highway. Icy conditions which exist here in winter, despite Cal Trans' best efforts, make a safe turning speed EXTREMELY LOW, much lower than a lack of familiarity with the turn OR lack of experience with winter driving requirements might otherwise suggest. This business and the traffic it may produce are at complete odds with this shaded and curving piece of roadway, as well as the single-family homes which adjoin and/or sit adjacent to the property to be developed."

    Relevant links:
    • Jerald and Barbara Vantine's Opposition Report to the gas station-market, as filed Feb 24, 2014 with county planning department. A goldmine of research on the numerous signifcant issues that the county planning department is obliged to address.
    • Socalmountains.com Forum topic. Visit Socalmountains.com as a guest or join to comment on this or related threads if they appear. I am OldJoe on the forum.
    • Friends of Fawnskin letter to Oxso Shahriari by Sandy Steers, Exec. Directive. "The scope of this proposal is far beyond that of any typical ‘community market’ established to benefit the local residential area. This is obviously a plan for a major business enterprise, but set wholly within a residential area. Friends of Fawnskin supports the need for a full Environmental Impact Report to be completed for this proposed project to identify all potentially significant impacts and to properly inform agency officials and the public prior to any decisions being made. Letter cites a 6793 sq ft building, plus 4 dual fuel pumps on .9 acres, operating 24 hrs/day.
    • Yvonne Kurzeja Owner Erwin Lake Elderly Care email to County Land Use Services.
    • Joe Nix letter to ABC regarding off-site liquor sales within 500 ft of a MARTA and a BBVUSD school bus stop.
    • Economic impact on existing small business, grocery, liquor and gas stations. The Joshua Tree case.
    • 4-9-'14 Detailed Alarming report by Friends of Fawnskin on the County's inadequate to date evaluation of the proposed project.
    • Diagrams of the turns required by tanker trucks going in and out of the gas station/market site. Prepared with commentary by Jason Jones, 13 yrs an LA County Deputy with 40 hours training on traffic law and investigation in the field, classroom and job. Regular patrol assignment was traffic enforcement and vehicle collision investigation. (it is safe to download Traffic Tanker.docx. I'm on a Mac and used NEO office to display it. )
    • Mike Stewart on the inadequacy of the existing State Lane roadway.
    • April 15, Jason Jones refutation of misleading and inaccurate statements by County Land Use on the environmental and traffic safety aspects of the proposal.
      As follows:

      Dear Sir,

        This letter is to refute the statements from the biological and supplemental traffic reports.   The unarmored three spine stickleback is also located in Motorcycle Pond per the 2009 Report from the U.S. Fish and Wildlife Service.
      County denial

      Motorcycle Pond Report states:   UTS have historically been observed from the top of Shay Creek in the spring area known as Motorcycle Pond (near the corner of Cascade Street and Hatchery  10 Road) down to the edge of Baldwin Lake, an ephemeral lake connected to Shay Pond via Shay Creek. Shay Creek UTS populations clearly undergo major fluctuations as their pond and creek habitat expands and contracts. According to the U.S. Forest Service (2001), catastrophic mortality of UTS in Shay Creek and Baldwin Lake occurred in 1985 and 1986 due to insufficient amounts of water. However, some of the UTS survived this period in the deeper pools of Shay and Wiebe Ponds. By the summer of 1990, it was thought that the UTS remained in only Shay Pond (Malcolm 1992), which is maintained by supplemental water provided through pipelines from the Big Bear City Community Services District (Big Bear CSD). However, several years of above-average precipitation in the mid-1990s resulted in the establishment of a pool of water in Baldwin Lake. The extent of year-round water in Shay Creek was briefly expanded as a result of this pool, which lasted for about 3 years. These observations suggest that the UTS re-occupy aquatic habitats that are connected to Shay Creek during periods when water is present.

        This population is supported by well water supplied from Big Bear CSD.  No where in the supplemental report does it state this.  No flowing channels does not mean there is not a specific threat to this species.  The problem lies with the under ground water table that feeds this pond.  There is no mention of the hydrology for the area and how a fill spill or leaking tank could affect the water supply to the area, including that of the unarmored three spine stickleback.  That is the reason a complete EIR should be required.  Was the U.S. Dept. of Fish and Wildlife consulted?  Was the California Dept. of Fish and Wildlife consulted? Documentation?

      Click for Figure 4-9-3
          The above Figure 4.9-3 Baseline Groundwater Conditions and Area Wells for Greenspot Recharge Site – DRAFT PROGRAM ENVIRONMENTAL IMPACT REPORT FOR THE BIG BEAR AREA REGIONAL WASTEWATER AGENCY’S RECYCLED WATER MASTER PLAN – November 2005, shows the water table height to be 6750 ft.. The project’s elevation is shown as 6830 ft..  That puts the water table depth at 80 ft.. Once fuel tanks are placed underground, that makes the ground water even closer to a possible contaminate.  The water flow from the site leads directly to several Big Bear CSD water wells.  These wells not only supply OUR drinking water but also water to sustain the population of the fish in Motorcycle Pond.  What is the soil type in the area and how does fluid travel through it?  This is a question we need answered.  Again, that is why a complete EIR should be required.

      click for County dissmissing fuel leakage
            The project impact does not say there are no threats of leakage. It states it is unlikely.  That is not certainty. As I have stated and documented, all but one fueling site in the entire valley (incl. Big Bear Lake and vicinity) has leaked and caused ground contamination.

      County ignores water channels
        The report stated they observed no channels near the site.  This is an incorrect statement. There is a channel that runs from the south west side of Highway 38 near Mitchell Lane. It follows Highway 38 north (it is not noted on the USGS map because of the highway), crosses on the east side of Mitchell Lane and the 38, under the highway and emerges on the south east side of State Lane.  The flow continues just prior to the project site and crosses north under State Lane. See photos below.  There is no mention of the channel in any of the reports filed by anyone!

        Crossing under Highway 38
      Click for pipe under 38

        Crossing under State Lane immediately adjacent to the project site (site is to the right of the culvert).
      Click for pipe under State Ln

        The biological reports were conducted in January.   There was snow on the ground and they even stated it was not a complete report (optimum time) due to the fact animals may be hibernating or migrated out of the area for the winter.  This is not a complete report until ALL animals and plants can be studied.  How you you get an accurate study done regarding the flora if there is snow covering the ground?  You cannot.

          Traffic Report

        The traffic study was completed in the PM hours.   To fully understand the traffic patterns for this community, studies should be conducted in the AM hours too.  People drive up in the morning to visit the ski resorts and other areas the mountains have to offer.  The Big Bear Valley receives over 6 million visitors each year.  A good percentage use Highway 38 through Redlands to gain access.  These traffic reports again do not address commercial vehicle access to the site. 

        I wish to formally object to the timeliness of these reports being made to the public.  They were posted only 2 days prior to the hearing.  This does not give anyone adequate time to respond.

        Cordially,

        Jason E. Jones
      2062 2nd Lane
      Big Bear City, CA 92314

        17773 Gazania Drive Chino Hills, CA 91709



       


      Send your comments to: SupervisorRamos@sbcounty.gov Enter it in you email program
      or use snail mail: Supervisor Ramos, 3rd District, 385 N. Arrowhead Ave., Fifth Floor San Bernardino, CA 92415.

    • PLEASE ALSO CC ALL COUNTY SUPERVISORS
      Sup. James Ramos SupervisorRamos@sbcounty.gov (909) 387.4855
      Sup. Robert Lovingood SupervisorLovingood@sbcounty.gov (909) 387.4830
      Sup. Janice Rutherford SupervisorRutherford@sbcounty.gov (909) 387.4833
      Sup. Gary Ovitt SupervisorOvitt@sbcounty.gov (909) 387-4866
      Sup. Josie Gonzales SupervisorGonzales@sbcounty.gov (909) 387-4565
    • Board of Supervisors
    • Listing of San Bernardino County state and federal representatives of the people. With addresses, contact info, etc.

    San Bernardino County Land Use Services

    Christine Kelly, Director 385 North Arrowhead Avenue, 1st & 2nd Floors San Bernardino, CA 92415-0182 website
    Attn: Oxso Shahriari
    Email Oxso Shahriari by pasting his address Shahriari.Oxso@lus.sbcounty.gov in your email program. Or snail mail him at 385 N Arrowhead Ave, San Bernardino, CA 92415
    • and to my developing list of related agencies below

    Time is running short

    To comment to agencies and elected officials about significant issues that need to be addressed regarding a proposed gas station and market on a curve of State Lane, at Highway 38.

    Action

    • Get more people to sign the petition, push for 1000 total signatures.
    • Write individual letters or send emails to the agencies and elected officials on this page. Phone calls are not a matter of record if the issue goes to court.
    • SCROLL DOWN FOR ISSUES PER COUNTY DEPARTMENT
    • The Eldercare's 5-6 patients are primarily for dementia, easily disturbed by gas station noise and lights till 11 pm.
    • The intersection of 38 and State Lane has seen innumerable accidents. A letter from Lt. J. Holguin, Commander of the Arrowhead area of the California Highway Patrol. states that there were 10 accidents from 1/1/08 to 2/24/14. 5 injury, 1 fatality, 5 non-injury. Cal Trans has been informed of this.
    • No turnouts or left turn markings are planned.

    CALTRANS

    Basem E. Muallem, P.E.
    District 8 Director
    California Department of Transportation
    Caltrans District Director for District 8 encompassing Riverside
    and San Bernardino counties. 

    Division of Design

    The Division of Design provides the procedures, policy, standards, guidance, technical assistance, and training needed to facilitate California transportation improvements and system integrity. The Design Program innovates design solutions by:

    • Seeking out and synthesizing information and customer feedback.
    • Causing the adoption of "best practices" and design information to promote safety, statewide consistency, efficiency and quality.
    • Assisting our customers in the application of design information and practices to facilitate the resolution of project development issues.
    • Division of Design website



    •  
    •  

    ENVIRONMENTAL IMPACT STUDY

    No Environmental Impact study has been filed. Granted it is in a commercial zone but that does not mean, health, welfare, environment, traffic etc impact can be ignored.

    • Groundwater. there is a flow right through the commercial zone along 38 on the Erwin side. The water flow has been tested from up the hill at the Hatchery well through the proposed location on State lane to some location far down the grade. One attending the meeting has all the details. A heavy rain would wash the gas station's waste into that the ground and it would filter down to the water flow.
    • Underground storage tanks and Spills in Big Bear Valley reported to County Tanks and Spills listed per location and date.
    • County Storm Water ProgramTechnical Guidance Document for Water Quality Management Plans. 125 pgs

    Santa Ana Regional Water Quality Board

    Executive Officer
    Kurt Berchtold
    3737 Main St.; #500
    Riverside, CA 92501
    (951) 782-4130
    kberchtold@waterboards.ca.gov

    What they care about – -water quality of the lake, which means water quality of all surface and underground water in the Santa Ana River watershed (which includes all of Big Bear Valley) -the potential for toxins in any of this runoff area


    U.S. Forest Service

    District Ranger
    Mountaintop Ranger District
    San Bernardino National Forest Service
    Big Bear Range Station
    P.O. Box 290
    Fawnskin, CA 92333
    (current temporary ranger: Sarah Tompsky)
    sarahtomsky@fs.fed.us
    909-382-2728
    What they care about –
    -the potential for this project to create leaks that drain into the stickleback fish ponds
    -this project being close to their national forest boundary with potential toxins spilling onto their land

    PRESERVING FOREST AND OPEN SPACE

    The San Bernardino Mountains Land Trust acts to protect one of our most precious and threatened natural resources, the spectacular lands of the San Bernardino Mountains in Southern California. Since our founding in 1996, more than 12,000 acres of coveted open space — scenic forest, wildlife habitat, rare meadowland — in one of the world's most desirable and expensive real estate markets have been preserved.

    This is what the Big Bear Valley needs to do:

    "Voters first created the open space agency in 1972 to curb the growing sprawl of Silicon Valley. They expanded the district south in 1976. Ever since, "Midpen" as it is commonly known, has been in a race with developers to buy forests, meadows and land near the San Mateo County coast and San Francisco Bay. To date, it has acquired 62,167 acres, an area twice the size of the city of San Francisco."

    Source: $300 million open space measure heads toward Silicon Valley ballot

    San Bernardino County, CA Dark Sky Ordinance

    The Valley is considered to be the area which is located south and west of the National Forest boundary, from Chino, Chino Hills and Upland to Yucaipa. The Mountain and Desert areas compose the rest of the County, and it is the desire of many residents who live here to provide broader protection of the existing night sky. In the Valley areas: -Commercial or industrial lighting in the Valley area shall be fully shielded or recessed to preclude light trespass or pollution to neighbors and roadways In the Mountain and Desert areas these will apply to all residential, commercial and industrial structural and freestanding outdoor light fixtures: -Any new lighting for new construction shall be shielded to preclude light pollution and trespass on adjacent property or roadways and rights-of-way -Residential pole lighting shall not exceed 12 feet in height -In commercial and industrial districts 50% of all NONCONFORMING lighting fixtures in parking lots or open lot sales areas shall be turned off within 1 hour after closing or between 10 PM and sunrise, whichever comes first. - There are steps to obtain an administrative exemption if turning off 50% of the lights would be a hardship -


    ENDANGERED SPECIES

    The site is immediately adjacent to the highway 38 scenic corridor that serves as a wildlife corridor for deer, wild burros, coyotes, mountain lions, etc. Less than a mile away downhill is Shay Pond, a small body of water on Cascade St. in Erwin Lake. The pond is home for a small population of Unarmored Three spine Stickleback Fish (UTS), an endangered species. A gas spill would contaminate our water supply and kill these fish Reference: Fish & Wildlife Report 37 pgs with maps.

    Excerpt: The UTS is currently restricted to three areas: the upper Santa Clara River and its tributaries in  Los Angeles County, San Antonio Creek on Vandenberg Air Force Base in Santa Barbara  County, and the Shay Creek vicinity (which includes Shay Pond, Sugarloaf Pond, Juniper  Springs, Motorcycle Pond, Shay Creek, Wiebe Pond, and Baldwin Lake), in San Bernardino  County (Figure 1).

       

    Historically, the UTS were found throughout a much larger area including the Los Angeles, San  Gabriel, and Santa Ana Rivers, but were extirpated from these areas as a result of the effects of urbanization (e.g., dewatering of streams, habitat alteration, introduction of exotic predators, and pollution).

    U.S. Fish & Wildlife Service Ken Corey
    Assistant Field Supervisor
    Palm Springs Fish & Wildlife Office
    777 E. Tahquitz Canyon Way, Suite 208
    Palm Springs, CA 92262
    760-322-2070
    Ken_Corey@fws.gov
    What they care about – -endangered plants and animals and their habitats, including the stickleback fish and anything that could threaten their habitat. Enter stickleback in my sites search at top of page for more info.

    California Department of Fish & Wildlife

    Inland Deserts Region
    Regional Manager: Kimberly Nicol
       3602 Inland Empire Boulevard
       Suite C-220
       Ontario, CA 91764
       (909) 484-0167
       FAX: (909) 481-2945

    Jeffrey Brandt(same address)
    909-987-7161
    jbrandt@dfg.ca.gov
    Ontario Website

    Sacramento website

    CDFW Director Charlton H. Bonham 1416 Ninth Street , 12th Floor, Sacramento, CA 95814 (916) 653-7667 • Director@wildlife.ca.gov

    FISH & GAME CODE

    The Legislature has delegated to the Commission a variety of powers, some general in nature and some very specific. These powers are delegated within California Statutes that comprise the Fish and Game Code. Hard copies are printed annually after the conclusion of the Legislative Session and the current electronic version is found at Legislative Information

    TITLE 14. NATURAL RESOURCES, CA CODE OF REGULATIONS

    The Commission adopts regulations in accordance with the Administrative Procedure Act (APA.) The adopted regulations are included within Title 14 Natural Resources within the California Code of Regulations. These regulations are available in printed format, with quarterly updates. Additionally, the regulations can be found on the Office of Administrative Law Website 


    Big Bear City Community Services District

    Jerry Griffith
    Water Department, BBCCSD
    139 E Big Bear Blvd.
    Big Bear, CA 92314
    (909) 585-2565
    jgriffith@bbccsd.org

    What they care about –
    -anything that may impact the stickleback fish ponds (they own the land)
    -any possibility of groundwater contamination


    Recent postings on SOCALmountains.com forum relative to the proposed Gas station and Market on State Lane near highway 38.

    By Jason Jones:
    Unfortunately location will dictate the price in Erwin Lake. Every other gas station is located on the highway. This is inside the neighborhood. I know they are less likely to leak. However, less likely is not a guarantee. Gas tankers are going to be hard pressed to make the turn off of the 38 without having to veer into the opposing lane completely! There is no deceleration lane on the 38 and being at the beginning of the scenic corridor, I don't see one ever being built. This is just an entirely unsafe location. If it were just a market, I could understand. But it's sole design is to catch tourist traffic entering and leaving the valley. I understand his desire to build there, but there are way too many mitigating factors against it. Traffic, noise and light pollution will increase. The traffic study was performed December 2012 and it did not take winter conditions into account. THIS is the main paved entrance and exit to the Erwin Lake community of 700 parcels. One accident and we are all screwed. One gas spill and we are all screwed. One fire and the whole east end is screwed. If there was total build out of the commercial district on the east end, the area will never be the same. Progress is not always good. The general land use plan states:

    M/LU 2.1 Concentrate future commercial development within existing commercial nodes, centralized areas, or neighborhood centers that are designed with the mountain character in mind to avoid strip commercial development along roads.

    M/LU 2.3 Ensure that all commercial and industrial development that is adjacent to residential uses is adequately buffered by utilizing transitional land uses and/or design features such as enhanced setbacks and landscaping and/or other screening materials.

    There is no existing commercial development. There is no buffer for the houses adjacent to the site. There is an Elderly Care home right next to the site that will be adversely affected. What about the residents who live there? Alzheimer's and dementia patients that benefit from the quiet neighborhood. This man has stated he will stay open until 11pm every night! Those of us who live close by will have to deal with foot and vehicle traffic, trash and loitering. Crime will increase (i.e.- beer runs, robberies, theft and vandalism). If the attitude is let him build what he wants, then why not more pot dispensaries, strip clubs. Where does the line get drawn? Convenience is for down the mountain, not up here!

    The station and market proponent has to submit a mitigated negative declaration to counter our valid claims.

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    Email to Joe Nix,   or copy and paste  nixit@charter.net