BIG BEAR LAKE, CA – At a hearing today in San Bernardino Superior Court, Judge John P. Wade ruled on and upheld several findings regarding the proposed Hilton Hotel development project on Big Bear Blvd. Of importance, the court upheld the height variance request of 9 ft. approved by the City. In addition, the court found the City conducted a thorough and proper analysis of pre-construction hydrology and that post-construction work regarding hydrology issues would not cause significant or adverse impacts to the checkerbloom species located in the upper 0.7 acres of the project site. Opponents to the development, including the Center for Biological Diversity, contend the project would have adverse aesthetic impacts caused by an alleged faulty baseline determination. Today’s ruling found that to be untrue. In fact, the court specifically found the City properly established the project’s baseline based on the original CEQA notice of preparation date.
The ruling on the height variance noted several substantial pieces of support and evidence on the City’s behalf, including:
• Special circumstances affected the property which warranted the granting of a variance
• The variance was necessary for the enjoyment of a special right enjoyed by other property owners
• The variance would not injure surrounding property owners
• Granting the variance did not constitute a special privilege
Concerning wetlands, the court determined the original Environmental Impact Report (EIR) for this project did not adequately analyze pre-disturbance conditions and that mitigation measures for transplanting additional plant species were insufficient because the State Department of Fish & Game had not approved transplantation as an appropriate mitigate measure and an off-site property suited for transplantation had not been identified.
However, the court also ruled there was enough evidence to support the City’s conclusion that fire evacuation impacts were less than significant, but that this would need to be addressed in the EIR to be upheld.
In light of today’s ruling, City Manager Jeff Mathieu stated, “The City is pleased the court took time and due diligence to reach its ruling in this matter. Several issues brought forth were determined to have been adequately addressed by the City through the original planning approval process. We will be giving this further review and may consider doing an additional focused environmental analysis.”
The City of Big Bear Lake is a four-season resort located in the heart of the
San Bernardino National Forest, approximately 30 miles northeast of San Bernardino. The City serves a population of 6,500 residents and covers a 6.95 square mile area on the west end of Big Bear Lake’s south shore. Recreation is offered year-round, including skiing, boating, fishing, camping, hiking, golf and fine dining. Visit us at www.citybigbearlake.com |
