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HomeMy WebLinkAbout31-Development Services e e e 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. ~u.!::::t:$- Contact person: Rrian Footp. A1O;1;;11;;.t:mt Phmner Phone: 1R4-';0';7 Supporting data attached: Staff Renort I Ward: FUNDING REQUIREMENTS: N/A Amount: Source: (Acct. No.) (Acct. Description) Finance: Council Notes: Agenda Item No. -3.1--- /O/3/~ e e e 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 e e e 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. e e e 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 e EXHIBIT 1- LOCATION MAP e " (If L- .. . DO . . :I . ~\='\ , .1 -. e ..... ,. :,.: e e e 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 I 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. e 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? e 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. e 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? e 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. e e e 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). e e e 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 ~~~-, 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 e ATTACHMENT A LOCATION MAP e " I , 1-- .. I ~" .~~ \ ~ , ., e ~ I-~-'-I &. i . . =. !!!J ~ :=J ~ ~ :!!J g o~ ~~ c!; ~ffi"l ~ ~ *=;-; jI k t & d~U u I e ~ollilll I~llllll eee6leElGl co _u__ o I 10 CO ... o Z D. c:c :E -I W CJ II: c:c D. W > j: c:c tz w I- -----1 I I I ~~ D~ ~ <>- ~ ~ N . ~ w iI il ; ~i!i ~i i~ z~ ~u ATTACHMEN- , TENTATIVE PARO,L MAP ~d ~ ;! . I!D p, . . f' II I .II g~ I ." !II nli! l ~ P, Ih' II ol! 1:1. I I~I~ II I I I I I I I I I I I I ."'" ......--, tZ-1Z0-l8l Ncft! NCY01'020E -eo. .~~ "~ I ._ Ll'lnto.' _ _'nT~-_L~-------- (., 1M \\\ \ : . I g;., \I\t \ ,~ 'I' I ' P-,.. I I I .... 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I'"'" I l'\lail: I ~'"~ I j, , \ \ \ \ \ ", #I r- ~ Q.. r II ., N ~ ~::i i ~ '> >; 5S ~ l~ ~ . e ~ ii ~ il ; 1 e e e P.M. No. 17231 Meeting Date: June 21, 2005 Page 8 l 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. <: 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. e 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 e End of Conditions of Approval e e 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 e 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. e e 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 e e 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 e 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 e 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 e a) Off-site improvement construction permit. e e e 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. e . "_'''''''''F~",_"",,_,'"__H, '.,_~m,~ , _ .._.....,..., _._,.__.._........_. .___.~'"....._."........, ,..,. ...~...'_.".,.~'""..', _....'..._._"+_._ 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~ e - 1 - EXHIBIT 3 - APPEAL REQUIRED INFORMATION FOR AN APPEAL e 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 e Additional infonnation' Signature of appellant: I _.~ : (///~ . "-.../"7/,( t/ '-t: ..Eey ,/ " ~. (// 1~.,1 /./~/.t:.i--'~';(r ~'p"r'7 Date: ;/ Yc"".> e - 2 - 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. e e -3- e e e /" ~::':'~, ~ / / ~ '\. '-,- 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. e e e ~ /v 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 ----, /) "-'") ,.' //.~: ."L' /c' '-f---t:C'.y ,.,/ 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