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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James Funk, Director
Subject: Tentative Parcel Map No. 17231
(Appeal No. 05-17) - An appeal of the Planning
Commission's Conditions of Approval and
Standard Requirements. The project site is
located on the east side of Waterman Avenue,
south of Orange Show Road.
Dept: Development Services
Date: September 12,2005
MCC Date: October 3, 2005
Synopsis of Previous Council Action: None
Recommended Motion:
That the hearing be closed and that the Mayor and Common Council:
I) Clarify Conditions of Approval Nos. 5 and 7 and Public Works Standard Requirements Nos. 4c through
4f as proposed, to state that the specified conditions apply at the time of property development; and,
2) Deny the appeal of Public Works Standard Requirement No. 2a and uphold the Planning Commission's
condition requiring the undergrounding of utilities along both sides of W aterman Avenue according to
Development Code Section 19.30.110.
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Contact person:
Rrian Footp. A1O;1;;11;;.t:mt Phmner
Phone:
1R4-';0';7
Supporting data attached:
Staff Renort
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Ward:
FUNDING REQUIREMENTS:
N/A
Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
Agenda Item No. -3.1---
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Mayor and Common Council Meeting of October 3, 2005
SUBJECT:
Tentative Parcel Map No. 17231 (Appeal No. 05-17)
APPLICANT:
OWNER:
Voit Development Co.
James Camp
26 Corporate Plaza, Suite 260
Newport Beach, CA 92660
(949) 644-8648
Edward A. Ismand & Beverly J. Hornal
c/o Gresham, Savage, Nolan & Tilden
550 E. Hospitality Lane, Suite 300
San Bernardino, CA 92408
(909) 884-2171
BACKGROUND
The applicant filed a Tentative Parcel Map application on March 31, 2005, to subdivide the
existing 41-acre property into two lots. The site is situated on the east side of Waterman Avenue,
south of Orange Show Road. The Tentative Parcel Map had proposed subdividing the property
along the railroad right-of-way, which already divides the site physically. The site is currently
the Meadowbrook Dairy. The Planning Commission reviewed the project on June 21, 2005. The
Planning Commission staff report (Exhibit 2 - Staff Report) explains the detailed analysis for the
project. Commissioners Coute, Durr, Enciso, Heasley, and Sauerbrun voted in favor of the
project; Commissioners Brown, Morris, and Powell were absent. The applicant did not raise any
concerns about the Conditions of Approval or Standard Requirements at the hearing.
After the Planning Commission hearing, the applicant informed staff that he disagreed with one
of the Public Works Standard Requirements, and also requested clarification of two of the
Planning Conditions of Approval and four of the Public Works Standard Requirements. The
appellant filed an Appeal application (Exhibit 3 - Appeal) and requested amendments to the
following five items.
1. The applicant is requesting that the requirement for separate utilities and service meters be
clarified to state that the time for satisfaction of this condition should be at the time of property
development (Condition of Approval No.5).
Planning staff recommends adding language to clarify Condition of Approval No. 5 to specify
that the condition shall apply at the time of property development.
2. The applicant is requesting that a decorative wall along the Waterman Avenue property line
(Condition of Approval No.7) shall not be required.
Planning staff recommends adding language to clarify Condition of Approval No. 7 to specify
that the condition applies at the time of property development, and that the need for a screen wall
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Appeal No. 05-/7
Hearing Date: October 3, 2005
Page 2
along the Waterman Avenue frontage would be determined based on the proposed development
plan.
3. The appellant is requesting that the developer should only be required to pay for one-half of
the costs of undergrounding utilities along Waterman Avenue (Public Works Standard
Requirement No. 2(a)).
Staff does not recommend a waiver of this condition due to the provisions contained in the
Development Code. Standard Requirement No. 2(a) states, "All existing overhead utilities
adjacent to or traversing the site on either side of the street shall be undergrounded in accordance
with Section 19.30.110 (Subdivisions) of the Development Code." Development Code
919.30,110 states that all subdividers shall provide for the undergrounding of all utility lines
within the subdivision or installed along either side of the streets and alleys adjoining the
subdivision.
4. The appellant is requesting that the requirement for the installation of curb, gutter, sidewalk,
and street lights (Public Works Standard Requirement Nos. 4(c) through 4(f)) should be satisfied
at the time of property development.
Planning and Public Works staff is not opposed to additional language to specify that the
condition is applicable at the time of development.
5. The appellant is requesting that only the existing curb and gutter adjacent to the site that is in
poor condition should be removed and reconstructed (Public Works Standard Requirement No.
4(e)).
Planning and Public Works staff is not opposed to additional language to specify that the existing
curb/gutter that is adjacent to the site will be replaced only if determined to be in poor condition.
This determination must be made at the time of property development. Public Works staff will
review the condition of the existing curb/gutter at the time of development, and a determination
will be made as to which segments of curb/gutter shall be reconstructed. If necessary, a short
length of curb/gutter that is not immediately adjacent to the site may be required to be
reconstructed in order to include an adequate transition to off-site curb/gutter. Any off-site
reconstruction (if necessary) will be limited to satisfying the applicable engineering design
standards.
Summary
Conditions of Approval 5 and 7 and Public Works Standard Requirements 4(c) through 4(f) may
be satisfied at the time of property development in conjunction with a Development Permit
application. Staff recommends modifying these conditions for Tentative Parcel Map No. 17231
to resolve the concerns stated in the Appeal. Staff recommends denial of the appeal with respect
to the request to waive the Standard Requirement to place overhead utilities underground.
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Appeal No. 05-/7
Hearing Date: October 3. 2005
Page 3
FINANCIAL IMPACT
No impact to the City of San Bernardino. The appellant paid the processing fees. The developer
will incur the costs of the infrastructure and site improvements at the time of property
development.
RECOMMENDATION
Staff recommends that the Mayor and Common Council:
1) Clarify Conditions of Approval Nos. 5 and 7 and Public Works Standard Requirements Nos.
4c through 4f as proposed, to state that the specified conditions shall be applicable at the time
of property development; and,
2) Deny the appeal of Public Works Standard Requirement No. 2a and uphold the Planning
Commission's condition requiring the undergrounding of utilities along both sides of
Waterman Avenue according to Development Code ~19.30.1l0.
EXHIDITS: 1.
2.
3.
Location Map
Planning Commission Staff Report of June 21, 2005
Appeal
Appeal No. 05-17
Hearing Date. October 3. 2005
Page 4
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EXHIBIT 1- LOCATION MAP
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EXHffiIT 2 - PLANNING COMMISSION STAFF REPORT
SUMMARY
CITY OF SAN BERNARDINO PLANNING DIVISION
CASE:
AGENDA ITEM:
HEARING DATE:
WARD:
Tentative Parcel Map No. 17231 (Subdivision No. 05-19)
3
June 21,2005
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APPLICANT:
OWNER:
James Camp
Voit Development Co.
26 Corporate Plaza, Suite 260
Newport Beach, CA 92660
(949) 644-8648
Edward A. Ismand & Beverly J. Hornal
c/o Gresham, Savage, Nolan & Tilden
550 E. Hospitality Lane, Suite 300
San Bernardino, CA 92408
(909) 884-2171
REQUEST & LOCATION:
A request to subdivide an existing 41-acre lot into two parcels for future development with
industrial projects. The subject property is located at the southeast comer of the intersection
of W aterman Avenue and Dumas Street, across the street from San Bernardino Golf Course,
in the OIP, Office Industrial Park and IL, Industrial Light land use districts (APN's: 0281-
011-12,41,47 & 0281-021-20).
CONSTRAINTS & OVERLAYS:
High Liquefaction Susceptibility Area
Potential Ground Subsidence Area
Biological Resources Management Overlay
ENVIRONMENTAL FINDINGS:
o Not Applicable
o Exempt from CEQA, ~lS31S - Minor Land Divisions
o No Significant Effects
o Negative Declaration
o Potential Effects, Mitigation Measures and Mitigation MonitoringlReporting Plan
STAFF RECOMMENDATION:
o Approval
o ConditiOlis. .
o Denial
o Continuance to:
EXHIBIT 2 - PLANNING COMMISSION STAFF REPORT
P.M. No. 17231
,eting Date: June 21.2005
Page 2
e REOUEST & LOCATION
The project site is located at the southeast comer of Waterman Avenue and Dumas Street,
across the street from San Bernardino Golf Course (Attachment A - Location Map). The
applicant requests approval to subdivide the existing 4l-acre lot into two parcels. After
subdivision, Lot 1 will be approximately 9.4 acres and Lot 2 will be approximately 31.6 acres
(Attachment B - Tentative Parcel Map). The portion of the lot fronting on Waterman
Avenue (approximately 350 feet in depth) is in the OIP, Office Industrial Park and land use
district and the remaining portion of the lot is in the IL, Industrial Light land use district.
SETTING & SITE CHARACTERISTICS
The site is flat, situated on the east side of Waterman Avenue, and bisected by the BASF
railroad track. The proposed Tentative Parcel Map will divide the property along the railroad
right-of-way, which already divides the site physically. A portion of the site adjacent to
Waterman Avenue is the Meadowbrook Dairy. The portion of the site north of the railroad
track contains a recycling facility for green wastes.
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To the west across Waterman Avenue is the San Bernardino Golf Course in the PCR, Public
Commercial Recreation land use district. To the north are vacant lots and a telephone utility
facility in the OIP, Office Industrial Park land use district. To the northeast is the Home
Lumber business in the IL, Industrial Light land use district. To the east is the flood control
channel in the PFC, Public Flood Control land use district. To the south are businesses that
sell building materials/supplies in the OIP and IL land use districts.
BACKGROUND
The subdivision proposal was reviewed by the Development & Environmental Review
Committee (D/ERC) on May 12, 2005, and moved the project to the Planning Commission. A
portion of the site, along the bank of the Santa Ana River, is in the Biological Resources
Management Overlay district, indicating the potential for sensitive plant or animal habitat. A
site-specific habitat assessment was prepared by a qualified biologist, and verified that the site
is disturbed and does not contain biological resources that would require environmental
review. The D/ERC determined that the proposal meets the conditions of CEQA ~15315 -
Minor Land Divisions, and recommended a Categorical Exemption from environmental
review.
FINDINGS & ANALYSIS
1.
Is the proposed map consistent with the General Plan and Development Code?
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Yes, th.e proposed parcel map is consistent with the General Plan and Development
Code as shown in Table 'A' (next page). The parcels created will meet the lot size, lot
coverage, and access requirements. Therefore, the proposed subdivision will be
consistent with the General Plan and Development Code.
EXHmIT 2 _ PLANNING COMMISSION STAFF REPORT ...f,M. No. /723/
....uub bd~'iJune 2/.2005
Page 3
e TABLE 'A' - DEVELOPMENT CODE AND GENERAL PLAN CONFORMANCE
CATEGORY PROPOSAL DEVELOPMENT CODE GENERAL PLAN
Permitted Use Parcel Map Subdivision Permitted Permitted
Lot Area Parcell . 9.4 acres 20,000 sq.ft. or 0.46-acre N/A
Parcel 2 - 31.6 acres (minimum)
Lot Width Parcel I - 325 ft. N/A N/A
Parcel 2 - 980 ft.
Lot Depth . Parcel I - 680 ft. N/A N/A
Parcel 2 - 1,550 ft.
Lot Coverage Parcel I - n/a 75% (maximum) N/A
Parcel 2 - n/a
Parcell: Proposed access
Access easement to Orange One (I) standard means of
Show Road. N/A
Parcel 2: Existing access access
to Waterman Avenue.
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2. Is the design of the proposed subdivision consistent with the General Plan?
Yes, the proposed subdivision will implement and promote the policies and objectives
in the General Plan. Objective 1.32 states, "Retain, enhance, and... provide for the
new development of light industrial uses along major vehicular, rail, and air
transportation routes serving the City of San Bernardino." Objective 1.31 states,
"Establish the Waterman Avenue corridor and other appropriate areas as distinctive
office industrial parks and corporate centers serving the San Bernardino community
and region." Subsequent projects will also implement these objectives.
3.
Is the site physically suitable for the type of proposed development?
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The tentative parcel map conforms to the subdivision design standards for minimum
lot size, lot area, and access, as specified by the Development Code. Several major
transportation corridors provide access to the location, including Waterman Avenue
and Orange Show Road. Connecting to the existing utility lines surrounding the
location can provide water, sewer, power, storm drainage, and telephone services. The
site is physically suitable for the industrial uses anticipated in the future.
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EXHIBIT 2 - PLANNING COMMISSION STAFF REPORT
r. P.M. No.1 7231
Ig.fJl;rI~: June 21.2005
'<' . Page 4
4.
Is the site physically suitable for the proposed density of development?
Yes, the site is physically suitable for the proposal in that the division of land is
consistent with the Subdivision Map Act, the General Plan, the Development Code,
and the proposed parcels will be compatible with the surrounding area.
5. Is the design of the subdivision likely to cause substantial environmental damage, or
substantially and unavoidably injure fish or wildlife or their habitat?
The proposed subdivision is exempt from the California Environmental Quality Act
(CEQA) per Section 15315 for Minor Land Divisions. A qualified biologist
conducted a Preliminary Site Assessment report for this project, and concluded that no
sensitive species or habitats exist on the site. This and future projects will not cause
environmental damage, or injure fish or wildlife or their habitat.
6. Is the design of the subdivision likely to cause serious public health problems?
No, the design of the proposed subdivision meets the applicable Development Code
requirements and standards, and is not likely to cause any public health problems.
7.
Will the design of the subdivision or the type of improvements conflict with any
easements, acquired by the public at large, for access through or use of, property
within the proposed subdivision?
The design of the subdivision and the proposed improvements will not conflict with
any easements. The easements that exist on the property relate to public utilities,
sewer, railroads, and groundwater. All documentation relating to easements and
dedications will be reviewed and approved by the City Engineer prior to recording the
Final Map.
CONCLUSION
The proposal meets all Findings of Fact for approval of the Tentative Parcel Map.
RECOMMENDATION
Staff recommends that the Planning Commission approve Tentative Parcel Map No. 17231
based upon the Findings of Fact contained in the Staff Report, and subject to the Conditions
of Approval (Attachment C) and Standard Requirements (Attachment D).
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EXHIBIT 2 _ PLANNING COMMISSION STAFF REPORT i!l1r::;n, P.M. No. /7231
..___:iiogDdte: June 21, 2005
Page 5
Respectfully Submitted,
J=~tJ1#~
Director of Development Services
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Brian Foote
Assistant Planner
Attachment A
Attachment B
Attachment C
Attachment D
Location Map
Tentative Parcel Map
Conditions of Approval
Standard Requirements
P.M No. 17231
Meeting Date: June 21, 2005
Page 6
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ATTACHMENT A
LOCATION MAP
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P.M No. /7231
Meeting Date: June 21. 2005
Page 7
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P.M. No. 17231
Meeting Date: June 21, 2005
Page 8
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ATTACHMENTC
CONDITIONS OF APPROVAL
Tentative Parcel Map No. 17231
1) This approval authorizes the subdivision of approximately 41 acres into two parcels. After
subdivision, Lot 1 will be approximately 9.4 acres and Lot 2 will be approximately 31.6
acres. The project site is located near the southeast comer of Waterman Avenue and
Dumas Street, across the street from San Bernardino Golf Course (APN's: 0281-011-12,
41,47 & 0281-021-20).
2) Within two years of this approval, the filing of the final map or parcel map with the
Council shall have occurred or the approval shall become null and void. Expiration of a
tentative map shall terminate all proceedings and no final map or parcel map shall be filed
without first processing a new tentative map. The City Engineer must accept the final
map or parcel map documents as adequate for approval by Council prior to forwarding
them to the City Clerk. The date the final map shall be deemed flied with the Council is
the date on which the City Clerk receives the map.
Expiration Date: JUNE 21, 2007
3) The review authority may, upon application being filed 30 days prior to the expiration
date and for good cause, grant up to three extension of time not to exceed 12 months each,
pursuant to Development Code Section 19.66.170 and the State Map Act. The review
authority shall ensure that the project complies with all current Development Code
provisions.
4) In the event this approval is legally challenged, the City will promptly notify the applicant
of any claim, action or proceeding and will cooperate fully in the defense of this matter.
Once notified, the applicant agrees to defend, indemnify and hold hannless the City of
San Bernardino (City), the Economic Development Agency of the City of San Bernardino
(EDA), any departments, agencies, divisions, boards or commission of either the City or
EDA as well as predecessors, successors, assigns, agents, directors, elected officials,
officers, employees, representatives and attorneys of either the City or EDA from any
claim, action or proceeding against any of the foregoing persons or entities. The applicant
further agrees to reimburse the City of any costs and attorneys' fees which the City may
be required by a court to pay as a result of such action, but such participation shall not
relieve applicant of his or her obligation under this condition.
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The costs, salaries, and expenses of the City Attorney and employees ofhis office shall be
considered as "attorneys fees" for the purpose of this condition.
As part of fue consideration for issuing this permit, this condition shall remain in effect if
this Tentative Parcel Map is rescinded or revoked, whether or not at the request of
applicant.
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P.M. No. /723/
Meeting Date: June 2/. 2005
Page 9
5) Each of the new parcels created by this subdivision shall have separate utility services and
separate meters.
6) Development of the properties shall require separate Development Permit (Type II) and/or
Conditional Use Permit approvals, according to the provisions of Development Code
919.08.020 (Table 8.01 - Industrial Districts List of Permitted Uses).
7) A decorative wall (e.g. slump stone or split face block with cap rock) shall be installed on
the perimeter property lines of the parcels, at the time of property development.
8) The location, materials, and design of interior fencing shall be reviewed concurrently with
the Development Permit or Conditional Use Permit for the future development, and shall
incorporate the design standards contained in Development Code 919.20.030(8).
9) This permit or approval is subject to the attached conditions or requirements of the
following City Departments and Divisions:
a. Development Services Department - Public Works/Engineering Division
b. San Bernardino Municipal Water Department
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ATTACHMENT D
CITY OF SAN BERNARDINO
Development Services Department - Public Works Division
Standard Requirements
Description: Create Two Commercial Parcels
Applicant: Voit Development Companv
Location: East Side of Waterman Avenue south of Oranae Show Road
Case Number: Tentative Parcel Map No. 17231
1. Landscapina
a) A Landscape Maintenance District shall be implemented to
maintain landscaping within the following areas:
i) The parkway (area between curb and right of way line), and
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ii)
A strip of land along the frontage of Waterman Ave. not
exceeding 30' in width, and
iii) The median island in the center of Waterman Avenue along
the frontage of the project.
b) The required maintenance district shall be formed prior to Map
recording. The Landscape plans and installation shall be deferred
until development.
c) Prior to sale of each parcel, the Developer shall provide the City's
Real Property Section of the Public Works Division with a signed
copy of the "Notice of Assessment District" disclosure for each
property purchaser.
2. Utilities
a) All existing overhead utilities adjacent to or traversing the site on
either side of the street shall be undergrounded in accordance with
Section 19.30.110 (subdivisions) of the Development Code.
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Project: Create Two Parcels on the east Side ofWaterrnan Ave south ofOran,e Show Road
Case No. TPM 17231
Page 2 of4
3.
MappinQ
a) A Parcel Map based upon field survey will be required.
b) A reciprocal easement shall be required for drainage, access,
utilities, andlor parking that might be proposed to cross lot lines.
Access to Parcel 1 may also be orovided bv an easement to
Oranqe Show Road.*
*Added by Planning Commission June 21,2005.
c) Additional survey and map information including, but not limited to,
building setbacks, flooding and zones, seismic lines and setbacks,
geologic mapping and archeological sites shall be filed with the City
Engineer in accordance with Ordinance No. MC-592.
4. Street Improvement and Dedications
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All public streets and public easements within and adjacent to the
development shall be improved to include combination curb and
gutter, paving, handicap ramps, street lights, sidewalks, and
appurtenances, including, but not limited to traffic signals, traffic
signal modifications, relocation of public or private facilities which
interfere with new construction, striping, and landscaping and
irrigation in the landscape maintenance district shall be
accomplished in accordance with the City of San Bernardino
"Design Policies and Procedures" and City "Standard Drawings,"
unless otherwise approved by the City Engineer. Street lighting,
when required, shall be designed and constructed in accordance
with the City's "Street Lighting Policies and Procedures." Street
lighting shall be shown on street improvement plans except where
otherwise approved by the City Engineer.
b) For the streets listed below, dedication of adequate street right-of-
way (R.W.) to provide the distance from street centerline to
property line and placement of the curb line (C.L.) in relation to the
street centerline shall be as follows: .
a)
Street Name RiQht of Way(ft.) Curb Line(ft)
Waterman Avenue 55' 43'
Project: Create Two Parcels on the east Side ofWaterrnan Ave south ofOran2e Show Road
Case No. TPM 17231
Page 3 of 4
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Construct 8" Curb and Gutter per City Standard No. 200 adjacent to
the site. Widen pavement adjacent to the site to match new curb
and gutter. Construct approach and departure transitions for traffic
safety and drainage as approved by the City Engineer.
d) Construct sidewalk adjacent to the site in accordance with City
Standard No. 202; Case "A" (6' wide adjacent to curb).
c)
e) Existing curb & gutter and sidewalk that are in poor condition shall
be removed and reconstructed as directed by the City Engineer.
f) Install Street Lights adjacent to the site in accordance with City
Standard Nos. SL-1 and SL-2.
5. Reauired Enaineerina Plans
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a) A complete submittal for plan checking shall consist of street
improvement, striping, lighting, map, supporting documents, and
other plans as required. Piecemeal submittal of various types of
plans for the same project will not be allowed.
The rough grading plan may be designed and submitted in
combination with the precise grading plan.
b)
c) All public improvement plans submitted for plan check shall be
prepared on the City's standard 24" x 36" sheets. A signature block
satisfactory to the City Engineer or his designee shall be provided.
d) After completion of plan checking, final mylar drawings, stamped
and signed by the Registered Civil Engineer in charge, shall be
submitted to the City Engineer for approval.
e) Electronic files of all improvement plans/drawings shall be
submitted to the City Engineer. The files shall be compatible with
AutoCAD 2000, and shall be submitted at the same time the final
mylar drawings are submitted for approval.
f) Copies of the City's design policies and procedures and standard
drawings are available at the Public Works Counter for the cost of
reproduction. They are also available at no charge at the Public
Works Web Site
i) htto://www.ci.san-bernardino.ca.us/site/ow/default.htm
6. Reauired Enaineerina Permits
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a)
Off-site improvement construction permit.
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Project: Create Two Parcels on the east Side of Waterman Ave south of Orange Show Road
Case No. TPM 17231
Page 4 of4
7.
Applicable Enaineerina Fees
a) All plan check, permit, inspection, and impact fees are outlined on
the Public Works Fee Schedule. A deposit in the amount of 100%
of the estimated fee for each set of plans will be required at time of
application for plan check.
b) The current fee schedule is available at the Public Works Counter
and at htto://www.cLsan-bernardino.ca.us/site/ow/default.htm
c) Please check with the development review section of the Public
Works Division at 909-384-5110 for current in-house plan check
turn-around times.
d) Expedited plan checking is available. A deposit in the amount of
150% of the estimated plan check fee for each set of plans will be
required at time of application for expedited plan check. The actual
plan check fee is the amount charged by the consulting plan
checker plus 20%.
SAN BERNARDINO MUNICIPAL WATER REPARTM~....
STANDARD REQUIREMENTS
ClERC Case: TENTATIVE PARCEL MAP NO. 17231 (SUBDIVISION 05-19)
281'()11-12, 41, 47, and 0281'()21-20
N NUMBER:
EPN NUMBER:
REVIEW OF PLANS:
OWNER:
DEVELOPER:
TYPE OF PROJECT:
DATE COMPILED: 5/1112005
COMPILED BY: Brunson, Ted
Same as above
Vo~ DeWllopment Co.
A Iequest to subdivide approximately 40 acres into 2 parcels located on the southeast comer of Waterman AWlnus
and Dumas Streets, across the street from San Bernardino GoW Course in the OIP, Office Industrial Park land usa
district.
NUMBER OF UNITS: 0
LOCATION: Southeast comer of Waterman Avenue and Dumas Slreets
WATER DEPARTMENT ENGINEERING:
CONTACT: ~chfield, Matthew PHONE NUMBER: (909) 384-5388 FAX NUMBER: (909) 384-5532
Nole: AN Water Senrlces are Subject to the Rules Regulations of the Water Dep.e1fmflnt
" Size of Main Adjacent the Project 16" CL & C STEEL IN WATERMAN AVENUE
,j' Approximate Water Pressure !.QQ.RIi Elevation of Water Storage: ~ Hydrant Flow @ 2Opsi:
~ Type, Size, Location and Distance to Nearest Fire Hydrant 039010,039069
. Water Supply StUdy Required = Pressure Regulator Required on Customer Side of the Meter
, Offs~ Water Facil~ies Required Water Main Reimbursement Due
_ Area Not Served by San Bernardino Municipal Water Depariiment
= Network Hydraulic Analysis Required per Uniform Design Standards
Comments:
WATER QUALITY CONTROL
CONTACT: Arrieta, Con PHONE NUMBER: (909) 384-5325 FAX NUMBER: (909) 364-5928
~ R.P .P. Backflow Device Required at Service Connection for Domestic Service
Wt: Double Check Backflow Device Required at Service Connection for Fire and Irrigation
~ Backflow Device to be Inspected before Water Service can be Activated
= No Backflow Device is Iequired at this time
SEWER CAPACITY INFORMATION
CONTACT: Thomsen, Neil PHONE NUMBER: (909) 364-5093 FAX NUMBER: (909) 384-5592
Nole: Proof of Payment Must be Submitted to the Building s.r.ty Department Prior to Issuance of the Building Pennll
= Sewer Capa~ Fee Applicable at this time
= Sewer Capa~ Fee must be paid to the Water Department for Q Gallons Per Day: Equivalent Dwellin9 Units: Q
" Subject to Recalculation of Fee prior to the Issuance of Building Penn~
= Breakdown Of Estimated Gallons Per Day
COPY TO: Customer; Planning; Engineering.
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Wednesday, May 11, 2005
EPM
Page 1 011
EXHIBIT 3 - APPEAL
CITY OF SAN BERNARDINO
Development Services Department, Planning Division
300 North "E' Street, 3rd Floor
San Bernardino, CA 92418
Phone (909) 384 5057 - (909) 384-5080
Web address: www.sbcity.org
APPLICATION FOR APPEAL
Ap
O~- n
APPEAL FROM A DECISION OF THE (check one)
[] Development Services Director
J! Development/Environmental Review Committee
rJ Planning Commission
Case number(s)' Tentative Parcel M~p No 17231 (Sllhrlivi~ion No O~.l Q)
Project address: 1335 S. Waterman Ave.. San Bernardino
Appellant's name:
Voit Development Company, LLC
Appellant's address:
26 Newport Center Drive, Suite 260, Newport Beach, CA 92660
Appellant's phone:
(949) 644-8648
Appellant's e-mail address:
jcarnp@Voitco.com
emtact person's name'
Contact person's address:
Jamp.~ Camp
26 Newoort Center Drive. Suite 260. Newoort Beach. CA 92660
Contact person's phone:
(949) 644-8648
Contact person's e-marl address: icarnoCalVoitco.com
Pursuant to Section 19.52.100 of the Development Code, an appeal must be filed on a City application form within
15 days following the final date of action, accompanied by the appropriate appeal filing fee.
Appeals are normally scheduled for a determination by the Planning Commission or Mayor and Common Council
within 30 days of the filing date of the appeal. You will be notified, in wtiting, of the specific date and time of the
appeal hearing.
OFFICE USE ONLY
Date appeal filed: -21~ \ G-~
Received by:. b~
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- 1 -
EXHIBIT 3 - APPEAL
REQUIRED INFORMATION FOR AN APPEAL
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Specific action being appealed and the date of that action: Approval of Tentative Map, approved at June 21,2005 Planning
Commission Meeting
Specific grounds for the appeal:
See attached Rider No. I
Action sought:
Amendment of Conditions of Approval and of Standard Requirements to verify the matters listed on Rider
No. I
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Additional infonnation'
Signature of appellant:
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Date:
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Rider No.1 to Application for Appeal
EXHffiIT 3 - APPEAL
Appellant seeks amendment of certain of the Conditions of Approval (Attachment C to the
_anning Commission's Action) and Standard Requirements (Attachment D to the Planning
~ommission's Action), as follows:
I. Condition of Approval #5 (separate utility services and meters): Please amend to state
that the time for satisfaction of this condition is at the time of property development.
2. Condition of Approval #7 (decorative wall): Please amend to state that the decorative
wall is not required along the Waterman A venue perimeter of the property lines.
3. Standard Requirement #2a (undergrounding of utilities): Please amend to provide that
the applicant is only required to pay for one-half of the costs of under grounding utilities
along Waterman Avenue.
4. Standard Requirement ##4c through 4f(curb, gutter, sidewalks and street lights): Please
amend to state that the time for satisfaction of these requirements is at the time of
property development.
5. Standard Requirement #4e (existing curb and gutter): Please amend to state that only
existing curb and gutter adjacent to the site that is in poor condition is to be removed and
reconstructed.
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Voit
Development Company
One of The Vail Companies
26 Corporate Plaza
Suite 260
Newport Beach, California
92660
Tel 949,644.8648
Fax. 949,6448695
Offices in Los Angeles. Phoenix and
San Diego
EXHIBIT 3 - APPEAL
July 5, 2005
Ms, Valerie Ross
Mr. Brian Foote
City of San Bernardino
300 North "D Street"
San Bernardino, CA 92418-0001
Re: Conditions of Approval
Tentative Parcel Map #17231 (Subdivision No. 05-19)
Dear Valerie and Brian,
Subsequent to the June 21, 2005 Planning Commission meeting whereby
the above calendar item was approved, V oit Development Company has
been attempting to get clarification of some of the conditions of
approval. As of to day's date, we have not been able to obtain these
clarifications so 1 wanted to document our request in this letter to both of
you. In addition due to the July 4th holidays, the 15 day appeal period
has rapidly approached thus we felt compelled to file an appeal so that
we were able to obtain these important clarifications. We apologize in
advance for taking this action; however, we did not know what else to
do under the circumstances.
All of our requested clarifications are outlined in the attached
application for appeal along with our check for $155.00. Please review
the clarifications on page three of the appeal form. We trust that these
clarifications can be dealt with in an administrative manner and
encourage you to contact us if you need any explanation or if any
discussion is necessary. On a related note, we are rapidly moving
forward with the completion of our final parcel map and corresponding
improvement plans. Our intent is to submit these plans to the City of
San Bernardino within a week.
Valerie and Brian, we greatly appreciate your collective efforts toward
getting our tentative map approved by the Planning Commission.
Further, we look forward to working with both of you and Lynn Parker
and Less Fogassy to submit process and record the final map in a timely
manner.
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EXHIBIT 3 - APPEAL
As you know, we have significant deadlines to deal with in our purchase
and sale agreement with the seller ofthe property and similar time
constraints to accommodate Dennis Johnson at Home Lumber Company.
Your continued involvement in the processing of our final map will be a
critical component toward bringing all the moving parts of this
transaction to a close. Thank you again for your efforts and I look
forward to speaking with you soon.
Sincerely,
VOlT DEVELOPMENT COMPANY
----,
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,.,/
James V. Camp
Senior Vice President
Development and Acquisitions
CC: Lynn Parker
Less Fogassy
Ted Fisher
Rene Varga
Virginia Croudace
OFFICE OF THE CITY CLERK
RACHEL G. CLARK, C.M.C. - CITY CLERK
300 North "0" Street. San Bernardino. CA 92418-0001
909.384.5002. Fax: 909.384.5158
www.sbcity.org
SM
October 5, 2005
Mr. James Camp
Voit Development Co.
26 Corporate Plaza, Suite 260
Newport Beach, CA 92660
Dear Mr. Camp:
At the meeting of the Mayor and Common Council held on October 3, 2005, the following
action was taken relative to Tentative Parcel Map No. 17231 (Appeal No. 05-17), an appeal of
the Planning Commission's Conditions of Approval and Standard Requirements on property
located on the east side of Waterman A venue, south of Orange Show Road.
The Mayor and Common Council closed the hearing and clarified Conditions of
Approval Nos. 5 and 7 and Public Works Standard Requirements Nos. 4c through
4f as proposed, to state that the specified conditions apply at the time of property
development.
If we can be of further assistance, please do not hesitate to contact the City Clerk's office.
Sincerely,
(i J ,J J;) _ CUU'l/k,
J-~~C A.,~ .C
Rachel G. Clark, CMC
City Clerk
RGC:lls
cc: Development Services
Edward A. Ismand & Beverly J. Hornal, c/o Gresham, Savage, Nolan & Tilden
550 E. Hospitality Lane, Suite 300, San Bernardino, CA 92408
CITY OF SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity. Accountability. Respect for Human Dignity. Honesty