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CITY OF SAN BERNARDINO-REQUEST FOR COUNCII. ACTION
From: James G. Funk, Director Subject: General Plan Amendment No. 04-05 &
Dept: Development Services Development Permit III No. 04-28. A request to
change the land use designation from CG-2,
Commercial General to CH, Commercial Heary for
approximately 13,530 squaze feet of land. Also, a
request to construct a parking lot for ice cream trucks
as an expansion of an existing ice cream truck
facility at the northeast comer of Baseline Avenue
and Garner Street.
Date: April 12, 2005 MCC Date: May 2, 2005
Synopsis of Previous Council Action:
May 1999: The Mayor & Common Council approved General Plan Amendment No. 98-02
(changing the land use district from CG-2, Commercial General to CH, Commercial
Heary) and Development Pennit III No. 98-07, allowing the applicant to establish
an ice cream truck pazking facility.
Recommended Motion:
That the hearing be closed and that the Mayor and Common Council adopt the resolution which
approves General Plan Amendment No. 04-05 and approve Development Permit III No. 04-28
based upon the Findings of Fact contained in the Planning Commission Staff Report, subject to
the Conditions of Approval as amended, and Standazd Requirements.
uG. ~- ~
ames G. Funk
Contact person: Ben Steckler, Associate Planner Phone: 384-5057
Supporting data attached: Staff Report Ward(s): 6
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes• 1
Agenda Item No. 34
~~~-10~
CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT: General Plan Amendment No. 04-OS to change the land use designation
from CG-2, Commercial General to CH, Commercial Heavy for
approximately 13,530 square feet of land located on the north side of
Baseline Avenue approximately 162 feet east of Garner Street. Also,
Development Permit III No. 04-28 to construct a parking lot for ice cream
trucks as an expansion of an existing ice cream truck facility.
Project Applicant:
Iyed & Mona Irsheid
5678 Elm Avenue
San Bernardino, CA 92404
909-881-0698
BACKGROUND:
Arclritect/Contact:
John Mejia
Steven Paul Murray & Associates
370 W. 6a' Street, Suite 210
San Bernardino, CA 92401
909-884-7660
The applicants are requesting approval of General Plan Amendment (GPA) No. 04-OS to change
the land use designation from CG-2, Commercial General to CH, Commercial Heavy for
approximately 13,530 square feet of land. Also, Development Permit III (DPIII) No. 04-28 is
proposed to construct a parking lot for ice cream trucks as an expansion of an existing ice cream
truck facility. The project site is located on the northeast corner of Baseline Avenue and Garner
Street in the CG-2, Commercial General land use district (Exhibit 1).
At their meeting of February 23, 2005, the Planning Commission voted 5 to 1 to recommend
approval of GPA No. 04-OS and DPIII No 04-28. The Planning Commission added and/or
modified Conditions of Approval that will require the applicant to upgrade on-site landscaping
(including adding landscaping screens), restricting maintenance of vehicles on-site, and requiring
the removal of the delivery ramp at the front of the existing structure. The applicant chose not to
make any comments to the Planning Commission, after having been asked to respond to
questions about the existing conditions on the site and the delivery ramp in front of the facility.
Commissioners Brown, Durr, Enciso, Heasley, and Moms voted in favor of the GPA &DPIII,
while Commissioner Sauerbrun voted against it. Commissioner Coute was absent.
FINANCIAL IMPACT
None. The applicants submitted the appropriate fees.
RECOMMENDATION
Staff recommends that the Mayor and Common Council close the public hearing adopt the
resolution which approves General Plan Amendment No. 04-05 and approve Development Permit
III No. 04-28 based upon the Findings of Fact contained in the Planning Commission Staff
Report, subject to the Conditions of Approval as amended, and Standard Requirements.
EXHIBITS:
I Location Map
2 Planning Commission Staff Report Dated February 23, 2005 (with revised
Conditions of Approval).
SUMMARY CITY OF SAN BERNARDINO PLANNING DIVISION
CASE: General Plan Amendment No. 04-05 &
Development Permit III No. 04-28
AGENDA ITEM: 4
HEARING DATE: February 23, 2005
WARD: 1
OWNER:
Iyed & Mona Irsheid
5678 Elm Ave.
San Bernardino, CA 92404
909-881-0698
APPLICANT:
John Mejia
Steven Paul Murray and Associates
370 W. 6~ Street, Suite 210
San Bernardino, CA 92401
909-884-7660
REQUEST/LOCATION:
A request to change the General Plan land use designation from CG-2, Commercial
General to CH, Commercial Heavy on approximately 0.31 acre; and a request to expand
a parking area for an existing Ice Cream Truck yard previously approved under
Development Permit III No. 98-07. The subject property is located adjacent to the
existing facility on the northeast corner of Baseline Avenue and Garner Street. The
existing facility is in the CH, Commercial Heavy land use district, while the subject
property is in the CG-2, Commercial General land use district.
CONSTRAINTS/OVERLAYS:
None.
ENVIRONMENTAL FINDINGS:
^ Not Applicable
® Exempt from CEQA, per Section 15301-Existing Facilities
^ No Significant Effects
^ Previous Negative Declaration
^ Potential Effects, Mitigation Measures and Mitigation Monitoring/Reporting Plan
STAFF RECOMMENDATION:
® Approval
® Conditions
^ Denial
^ Continuance to:
General Plan Amendment No. 04-05 & Development Permit III 04-28
Hearing Date 02/23/05
Page 2
REQUEST AND PROTECT DESCRIPTION
The applicant is requesting approval of General Plan Amendment No. 04-05 under the
authority of Development Code § 19.50.050 to change the land use district from CG-2,
Commercial General to CH, Commercial Heavy on approximately 0.31-acres. The
applicant also requests approval of Development Permit II No. 03-28 under the
authority of Development Code § 19.44.060 and § 19.08.020 to expand an existing
parking area for Ice Cream Trucks previously approved under Development Permit III
No. 98-07. The subject property is adjacent to the existing facility on the northeast
corner of Baseline Avenue and Garner Street. The existing facility is in the CH,
Commercial Heavy land use district, while the subject property is in the CG-2,
Commercial General land use district.
The proposal includes the expansion of the parking facilities to allow 23 new stalls for
Ice Cream Trucks. The existing facility will have 31 stalls (after the redesign) for a total
of 54 stalls proposed for Ice Cream Trucks. However, the existing structure is under
parked. The facility has only 3 of ten required vehicle stalls, and the drivers of the Ice
Cream Trucks need extra spaces for their personal vehicles.
SETTING/SITE CHARACTERISTICS
The site is generally flat with very gentle slopes from north to south. The proposed site
consists of a total of 13,500 square feet. The site is abutting Baseline Street to the south
with previously developed commercial uses further south. The project site is bounded
on the north by single-family residences in the RS, Residential Suburban land use
district. The site is bounded on the west by Garner Street. To the east the site is
abutting a commercial development in the CG-2, Commercial General land use district
(Attachments A & B).
BACKGROUND
The Development Permit application was submitted on July 19, 2004. The project
submittal was deemed incomplete on July 20, 2004. The Development/Environmental
Review Committee (D/ERC) reviewed the project on September 30, 2004 at which time
the applicant was informed of some required changes so that the project would meet
Development Code standards, and that a General Plan Amendment would be required.
The applicant submitted revisions to the Development Permit and the General Plan
Amendment application on October 22, 2004. The project was reviewed again by the
D/ERC on October 28, 2004 at which time remaining deficiencies in the revised plans
were identified, and the project was moved to the Planning Commission. A letter was
sent to the applicant in December 2004, again stating what was needed to have the
project scheduled for Planning Commission. The applicant submitted revised plans on
January 18, 2005.
General Plan Amendment No. 04-05 & Development Permit III04-28
Hearing Date 02/23/05
Page 3
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) STATUS
The project has been reviewed under the requirements of the California Environmental
Quality Act and has been found to be Categorically Exempt under Section 15301, as a
minor alteration of an existing development.
FINDINGS AND ANALYSIS FOR THE GENERAL PLAN AMENDMENT
1. Is the proposed amendment internally consistent with the General Plan?
The proposed amendment would be internally consistent with the General Plan
Goa11G in that it would allow for the expansion of an existing commercial
facility to serve the local and the regional public.
2. Would the proposed amendment be materially detrimental to the public interest, health,
safety, convenience or welfare of the City?
No, the proposed amendment would not be materially detrimental to the public
interest, health, safety, convenience or welfare of the City. The applicant
proposes to provide the appropriate landscaping and amenities to improve the
appeazance of Baseline Street while bringing the site into compliance with the
standazds in the Development Code. The proposed improvements can only
occur if the General Plan Amendment and the Development Permit applications
are approved, thus the approval of the amendment would be beneficial in that it
will result in the revitalization of that area through proposed development.
3. Would the proposed amendment maintain the appropriate balance of land uses within the
City?
The proposed amendment would maintain the appropriate balance of land uses
within the City as it would be affecting a small project site area (just under 1
acre), representing a fraction of the overall land within each land use category.
4. Is the subject parcel physically suitable (including, but not limited to, access, provision of
utilities, compatibility urith adjoining land uses, and absence of physical constraints) for
the requested land use designarion(s) and the anticipated land use development?
The subject parcel is physically suitable for the requested land use designation
and the anticipated land use development in that it will be providing access
through existing streets, all utilities would be provided as part of the
development of the project site, it would be an expansion of the land use to the
west, it would be compatible with the surrounding land uses, and the land is
absent of physical constraints.
General Plan Amendment No. 0405 & Development Permit III04-28
Hearing Date 02/23/05
Page 4
FINDINGS AND ANALYSIS FOR DEVELOPMENT PERMIT
1. Is the proposed development one permitted within the subject-zoning district and
in compliance with all of the applicable provisions of the Development Code,
including prescribed development/site standards and any/all applicable design
guidelines?
Yes, the proposed development of a Ice Cream Truck yard is permitted within
the CH, Commercial Heavy land use district as shown in Table 2 below.
Although the project is in the CG-21and use district, the connected General Plan
Amendment (GPA) No. 04-05 proposes to change the designation of the
property, and if the GPA not approved the Development Permit may not be
approved.
TABLE 2:
DEVELOPMENT CODE AND GENERAL PLAN CONFORMANCE
CATEGORY PROPOSAL DEVELOPMENT GENERAL PLAN
CODE
Permitted Use Ice Cream Truck Yard Permitted Consistent with
Density N/A N/A N/A
Unit Size Existing N/A N/A
Setbacks:
Front 10' (minimum)
' 10'(minimum)
' N/A
Side 0 (minimum)
0
Rear 0'* 6' minimum
Structure Height Existing N/A N/A
Lot Coverage Existing N/A N/A
*However a landscaped buffer area is required to be provided and must be at
least 6'.
2. Is the design of the proposed development consistent with the General Plan?
Yes, the proposed design and improvements are consistent with General Plan
Goa11G(a), which states that it is the goal of the City of San Bernardino to:
"Achieve a pattern and distribution of land uses which
a) retain and enhance established residential neighborhoods,
commercial and industrial districts, regional-serving uses, recreation
and amenities;'
The proposed project will retain and enhance an existing commercial district by
allowing for the expansion of an existing facility, and filling in a vacant lot.
General Plan Amendment No. 0405 & Development Permit III 0428
Hearing Date 02/23/05
Page 5
3. Is the proposed development harmonious and compatible with existing and future
developments within the land use district and general plan area, as well as with
the land uses presently on the subject property?
Yes, the proposed development is harmonious and compatible with the existing
and future developments within the Commercial Heavy and adjacent
Commercial General land use district. The site will provide a screening buffer of
decorative block wall and landscape area adjacent to the Residential Suburban
land use district. The subject site is currently vacant land, so there is no existing
land use to be compatible with onsite, however the proposed development is
consistent with similar developments as well as planned development for the site
in the General Plan and the Development Code.
4. Is the approval of the development permit for the proposed development in
compliance with the requirements of the California Environmental Quality Act
(CEQA) and Section 19.20.030(6) of the Development Code?
Yes, the approval of the Development Permit is incompliance with the
requirements of both CEQA and SBMC Section 19.20.030(6) in as much as the
proposed project has been determined to be categorically exempt from the
requirements of CEQA.
5. Are there any potentially significant negative impacts upon environmental
quality and natural resources that could not be properly mitigated and
monitored?
No, as noted in Finding No. 4, this project complies with CEQA and
Development Code requirements.
6. Is the subject site physically suitable for the density/intensity of use being
proposed?
Yes, the subject site is physically suitable for the density/intensity of the
proposed industrial development. The CH, Commercial Heavy land use district
does not limit density, except by having a minimum lot size, which the proposed
properties meet. The existing structure is within the lot coverage standards in
the Development Code.
7. Will there be adequate provisions for public access, water, sanitation, and public
utilities and seruices to ensure that the proposed use will not be detrimental to the
public health and safety?
Yes, the proposal includes provisions for public access (through existing roads),
water, sanitation and public utilities and services (through
General Plan Amendment No. 04-05 & Development Permit III04-28
Hearing Date 02/23/05
Page 6
modifications/connections to existing systems) so the project will not be
detrimental to the public health and safety.
8. Will the location, size, shape, design, and operating characteristics of the proposed
development be detrimental to the public interest, health, safety, convenience, or
zoelfare of the City?
No, the proposed location, size, shape, design, and operating characteristics of
the proposed development will not be detrimental to the public interest, health,
safety, convenience or welfare of the City. The General Plan designation of
Commercial Heavy is appropriate for the type of development proposed.
CONCLUSION
The proposal meets all necessary Findings of Fact for approval of the General Plan
Amendment and the Development Permit III.
RECOMMENDATION
Staff recommends the Planning Commission recommend that the Mayor and Common
Council adopt General Plan Amendment No.04-05 and approve Development Permit III
No. 04-28 based upon the Findings of Fact contained in this Staff Report and subject to
the Conditions of Approval (Attachment C) and Standard Requirements (Attachment
D).
Respectfully Submitted,
v~.~~~
James Funk
Director, Development Services
en Steckler
Associate Planner
Attachment A Location Map
Attachment I3 Parcel Maps and Site Plan
Attachment C Conditions of Approval
Attachment D Standard Requirements
ATTACHMENT A
CITY OF SAN BERNARDINO PROJECT: GPA 0405 &
PLANNING DIVISION DPIII 0428
LOCATION MAP
LAND USE DISTRICTS HEARING DATE: 2/23/05
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General Plan Amendment No. 04-OS ~. Development Permit III 0428
Hearing Date 02/23/05
Page 9
ATTACHMENT C
CONDITIONS OF APPROVAL
Development Permit III No. 04-28
This set of conditions applies to Development Permit Type III No. 04-28 to expand
an existing Ice Cream Truck yard onto a new 0.31-acre parcel. The expansion
includes (but is not limited to) landscaping, paving and striping, as well as fencing,
and minor improvements on the existing facility to bring it into compliance with the
Development Code. The hours of operation for this use are as follows: 7:00 AM to
8:00 PM Monday through Friday, and 9:00 AM to 5:00 PM Saturday and Sunday.
2. Within two years of development approval, commencement of construction shall
have occurred or the permit/approval shall become null and void. In addition, if
after commencement of construction, work is discontinued for a period of one year,
then the permit/approval shall become null and void. However, approval of the
Development Permit does not authorize commencement of construction. All
necessary permits must be obtained prior to commencement of specified
construction activities included in the Conditions of Approval and Standard
Requirements:
Expiration Date: 2 Years from MCC Determination
3. The review authority may grant aone-time extension, for good cause, not to exceed
12 months. The applicant must file an application, the processing fees, and all
required submittal items, 30 days prior to the expiration date. The review authority
shall ensure that the project complies with all Development Code provisions in
effect at the time of the requested extension.
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
harmless 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 for
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 of his office
shall be considered as "attorneys fees' for the purpose of this condition.
General Plan Amendment No. 04-05 & development Permit III 0428
Hearing Date 02/23/05
Page 10
As part of the consideration for issuing this permit, this condition shall remain in
effect if any one of these permits (Tentative Parcel Maps, Lot Line Adjustment,
and/or Development Permit) is rescinded or revoked, whether or not at the request
of applicant.
5. Construction shall be in substantial conformance with the plan(s) approved by the
Director, Development Review Committee, Planning Commission or Mayor and
Common Council. Minor modification to the plan(s) shall be subject to approval by
the Director through a minor modification permit process. Any modification which
exceeds 10% of the following allowable measurable design/site considerations shall
require the refiling of the original application and a subsequent hearing by the
appropriate hearing review authority if applicable.
a. On-site circulation and parking, loading and landscaping;
b. Placement and/or height of walls, fences and structures;
c. Reconfiguration of architectural features, including colors, and/or
modification of finished materials that do not alter or compromise the
previously approved theme; and,
d. A reduction in density or intensity of a development project.
6. This permit or approval is subject to all the applicable provisions of the
Development Code in effect at the time of approval. This includes Chapter 19.20-
Property Development Standards, and includes: dust and dirt control during
construction and grading activities; emission control of fumes, vapors, gases and
other forms of air pollution; glare control; exterior lighting design control; noise
control; odor control; screening; signs, off-street parking and off-street loading; and
vibration control. Screening and sign regulations compliance are important
considerations to the developer because they will delay the issuance of a Certificate
of Occupancy until they are complied with. Any exterior structural equipment, or
utility transformers, boxes, ducts or meter cabinets shall be architecturally screened
by wall or structural element, blending with the building design and include
landscaping when on the ground.
7. If the color of any of the buildings, walls or fences or other exterior finish material is to
be modified either before construction or after completion, the revised color scheme
and/or finish materials shall be reviewed and approved by the Planning Division prior
to commencement of work.
8. Submittal requirements for permit applications (building, site improvements,
landscaping; etc.) to Building Plan Check and/or Public Works/Engineering shall
include all Conditions of Approval and Standard Requirements issued with the
Planning approval.
9. Signs are not approved as a part of this permit. Prior to establishing any signs, the
applicant shall submit an application, and receive approval for a sign permit from
General Plan Amendment No. 04-05 6r Development Permit III 04-28
Heazing Date 02/23/05
Page 11
the Planning Division. All signage on the site shall be consistent with the provisions
of the Development Code.
10. All ground cover shall be li~+~g-glass grass or sod, no bark or mulch or similar cover
is allowed.*
11. The landscape plan shall include one 24" box tree for every four parking spaces
(employee and customer, new/ existing), consistent with the requirements of Section
19.24.060(6)(B) and Chapter 19.28 of the Development Code.
12. The applicant shall post a bond in an amount equivalent to the cost of landscaping
including landscape installation and one year of maintenance service. The purpose
of the bond is to ensure that all landscaping survives the planting process and lasts
for a period of at least 1-year. The bond will be released no sooner than 1-year after
issuance of the Certificate of Occupancy, and only after such time as the survival of
the landscaping has been verified by planning staff.
13. If vending machines (snacks, sodas, etc.) are located on the site, they shall be located
inside the building.
14. All vandalism and graffiti must be removed within 24 hours of its occurrence. The
management shall take photographs of the graffiti and provide them to the Police
Department before removing the graffiti.
15. Any equipment, whether on the roof, side of structure, or ground shall be screened
as per Development Code requirements.
16. Music/operational noise may not be audible at the property boundaries.
17.Outside storage or display is not permitted.
18. Refuse enclosures must be constructed of slump stone, split face block, or in a
decorative manner compatible with the main color of the structures, and the materials
aze subject to review and approval by the Planning Staff during building plan check.
Direct access shall be provided, whenever possible.
19. Construction-related activities may not occur between the hours of 8 pm and 7 am.
No construction vehicles, equipment, or employees may be delivered to, or arrive at
the construction site before 7 am or leave the site after 8 pm. Construction activities
may only occur Monday through Saturday.
20. The landscape buffer proposed along the northern boundary of the site shall be
continued through the existing site (wherever abutting residential land uses) as well
as the new parking site as proposed. The Development Code requires an Opaque
General Plan Amendment No. 04-OS °. Development Permit III 04-28
Hearing Date 02/23/05
Page 12
Screen between commercial and residential land use districts, the entire site (existing
and expansion) shall conform to Development Code requirements. Additionally, an
Opaaue Screen shall be,~rovided along Baseline Avenue (in the front yard setback
area'
21. The project shall complete any/all dedications of roadway on the new site along with
the on-site improvements for the pazking facility.
22. The 6' existing block wall proposed to remain in the landscape area between the new
parking area and the existing parking area shall be removed, and the entire landscape
strip shall berestored/repaired.
23. All setback azeas (on the new as well as the existing sites) shall be landscaped as per
the Development Code.
24. The entire existing site shall be brought into compliance with the Development Code,
due to the expansion of the use exceeding 25%.
25. Triangulaz areas in front of the proposed pazking stalls shall be included in the
landscaping azea, behind the continuous 6" curb as required by the Development
Code.
26. Any/all existing drains shall be in full working order prior to final approval of on-site
improvements.
27. Any/all bazbed wire, electrical, razor wire, and similar prohibited fencing (as per
Development Code Section 19.20.030(8) shall be removed from the site.
28. Ice cream trucks shall not be left idling on-site for periods of more than 10 minutes.
During loading and unloading the Ice Cream Trucks shall be fumed off.
29. Any/all site improvements shall be complete, and all final sign-off approvals obtained
prior to establishment of use/occupancy of expansion azea.
30 No repair maintenance or cleaning of vehicles shall be allowed onsite at anv time.*
31. The delivery ramp and drivew~ between the building and Baseline Avenue shall be
removed and restored with curb gutter sidewalk parkway and landscaping azea
32. All Conditions of Approval and Standard requirements shall be complete prior to final
sign-off approval of on-site pemuts and/or establishment of use/occupancy of
expansion azea.
General Plan Amendment No. 04-OS dr Development Permit III 0428
Hearing Date 02/23/0$
Page 13
33. This permit or approval is subject to the attached conditions or requirements of the
following City Departments or Divisions:
• Development Services Department -Public Works Division
*Modified or added by the Planning Commission on February 23, 2005
ATTACHMENT D
CITY OF SAN BERNARDINO
Development Services Department -Public Works Division
Standard Requirements
Description: Construct Parkine Lot for Ice Cream Trucks
Applicant: IYed & Mona Irsheid
Location: N/E Corner of Garner Street and Base Line Street
Case Number: DPIII 0428
Drainase
a) All drainage from the development shall be directed to an approved public
drainage facility. If not feasible, proper drainage facilities and easements
shall be provided to the satisfaction of the City Engineer.
b) If site drainage is to be outletted into the public street, the drainage shall
be conveyed through a parkway culvert constructed in accordance with
City Standard No. 400. Conveyance of site drainage over the Driveway
approaches will not be permitted.
c) The site area is less than 1 acre, therefore, a Storm Water Pollution
Prevention Plan (SWPPP) will not be requires. However, a Water Quality
Management Plan (WQMP) will be required. The City Engineer, prior to
issuance of any permits authorizing land-disturbing activities shall
approve this plan. (Refer to the City's web page at http://www.ci.san-
bemardino.ca.us/site/ow/default.htm -Departments -Development
Services -Public Works for templates of these plans).
d) Prior to issuance of a grading permit, the City Engineer shall approve an
Erosion Control Plari. The plan shall be designed to control erosion due to
water and wind, including blowing dust, during all phases of construction,
including graded areas which are not proposed to be immediately built
upon.
Project: Construct a Pazking lot far Ice Cream Trucks
Case No. DPIII 04-28
Page 2 of 5
2. Gradine and Landscaoina
a) If more than 1' of fill or 2' of cut is proposed, the site/plotJgrading and
drainage plan shall be signed by a Registered Civil Engineer and a grading
permit will be required. The grading plan shall be prepared in strict
accordance with the City's "Grading Policies and Procedures" and the
City's "Standard Drawings", unless otherwise approved by the City
Engineer.
b) If more than 5 trees are to be removed from the site, a tree removal permit
conforming to the requirements of Section 19.28.090 of the Development
Code shall be obtained from the Department of Development Services-
Planning Division prior to issuance of any grading or site development
permits.
c) If more than 5,000 cubic yazds of earthwork is proposed, a grading bond
will be required and the grading shall be supervised in accordance with
Section 7012(c) of the uniform Building Code.
d) If more than 1,000 cubic yards of earth is to be hauled on City Streets then
a special hauling permit shall be obtained from the City Engineer.
Additional conditions, such as truck route approval, traffic controls,
bonding, covering of loads, street cleaning, etc. may be required by the
City Engineer.
e) An on-site Improvement Plan is required for this project. Where feasible,
this plan shall be incorporated with the grading plan and shall conform to
all requirements of Section 15.04-167 of the Municipal Code (See
"Grading Policies and Procedures").
f) Retaining walls, block walls and all on-site fencing shall be designed and
detailed on the On-site Improvement Plan. This work shall be part of the
On-site Improvement permit issued by the City Engineer.
g) Wall shall be constructed of decorative block and shall be subject to
approval of the Planning Division. Precision block will not be permitted.
h) The on-site improvement plan shall include details of on-site lighting,
including light location, type of poles and fixtures, foundation design,
conduit location and size, and the number and size of conductors.
Photometry calculations shall be provided which show that the proposed
on-site lighting design will provide 1 foot-candle of illumination
uniformly distributed over the surface of the parking lot during hours of
operation and 0.25 foot-candles security lighting during all other hours.
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Project: Construct a Parking lot for Ice Cream Tracks
Case No. DPIII 04-28
Page 3 of 5
i) A reciprocal easement shall be recorded prior to grading plan approval if
reciprocal drainage, access, sewer, and/or pazking is proposed to cross lot
lines, or a lot merger shall be recorded to remove the interior lot lines.
j) The project Landscape Plan shall be reviewed and approved by the City
Engineer prior to issuance of a grading permit. Submit 5 copies to the
Engineering Division for Checking.
k) The public right-of--way, between the property line and top of curb (also
known as "parkway") along adjoining streets shall be landscaped by the
developer and maintained in perpetuity by the property owner. Details of
the pazkway landscaping shall be included in the project's on-site
landscape plan, unless the pazkway azea is included in a landscape
maintenance district, in which case, a separate landscape plan shall be
provided.
1) An easement and covenant shall be executed on behalf of the City to allow
the City to enter and maintain any required landscaping in case of owner
neglect. The Real Property Section for execution by the property owner
and shall ensure that, if the property owner or subsequent owner(s) fail to
properly maintain the landscaping, the City will be able to file appropriate
liens against the property in order to accomplish the required landscape
maintenance. Adocument-processing fee in the amount of 200.00 shall
be paid to the Real Property Section to cover processing costs. The
property owner, prior to plan approval, shall execute this easement and
covenant unless otherwise allowed by the City Engineer.
3. Utilities
a) Utility services shall be placed underground and easements provided as
required.
b) A street cut permit, from the City Engineer, will be required for utility cuts
into existing streets where the street is not being repaved as part of the
required improvements.
( _.(.roauxien;~ srd Settings lh)HTCH_ LCLncal Sevingti,l`empomry mien er 1'itea,OLKi~)1'l Il O4_x t I?? tY k'laie Line Strect.dce
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Project: Construct a Pazking lot for Ice Cream Tmcks
Case No. DPIII 04-28
Page 4 of 5
4. Street Imarovement and Dedications
a) All public streets within an 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, shall be
accomplished in accordance with the City of San Bernardino "Street
Improvement Policy" and City "Standazd 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:
Street Name Ri¢bt of Wav(ft.) Curb Line(ftl
Base Line Street 50' (8.75' Additional
Dedication) Existing
c) Construct Driveway Approaches per City Standazd No. 204, Type II,
including Handicap by-pass. Remove existing driveway approaches that
are not part of the approved plan and replace with full height curb & gutter
and sidewalk.
5. Required En¢ineerine Plans
a) The rough grading plan may be designed and submitted in combination
with the precise grading plan.
b) All plans submitted for plan check purposes shall be prepared on the
City's Standazd 24" X 36" sheets.
c) All conditions of approval shall be reproduced on the last page of the
precise grading/on-site plan.
d). Provide the City with an electronic file of all improvement
plans/drawings. This file shall be compatible with AutoCAD 2000, and
shall be submitted with the plans for final approval.
dh ~.~ Tan! m d ScIIin;*s~UOk ICH I. P.I. ocai Stunigs 1 emperaq lntnnct I ;les~O LkT,DPICI OS-?8 I17? N+ t3asc Lii.c Sirce~.doc
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Project: Construct a Pazking lot for Ice Cream Tmcks
Case No. DPIII 04-28
Page 5 of 5
e) Copies of the City's design policies and procedures and standazd drawings
aze available at the Public Works Counter for the cost of reproduction.
They aze also available at no charge at the Public Works Web Site
http•/~www ci san-bernardino.ca.us/site/pw/default.htm
6. Required En¢ineerina Permits
a) Grading permit (If applicable.).
b) On-site improvements construction permit (except buildings - see
Development Services-Building Division), including landscaping.
7. Applicable Ent=_ineerine Fees
a) All plan check, permit, inspection, and impact fees aze 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 ~t time of application
for plan check.
b) The current fee schedule is available at the Public Works Counter and at
httn•//www ci san-bernardino.ca.us/site/pw/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.
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- U'il? OOs
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RESOLUTION NO. ~ p~
RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING
GENERAL PLAN AMENDMENT N0.04-OS TO THE GENERAL PLAN OF THE
CITY OF SAN BERNARDINO, TO AMEND THE GENERAL PLAN LAND USE
DESIGNATION FROM CG-2, COMMERCIAL GENERAL, TO CH,
COMMERCIAL HEAVY, FOR ONE PARCEL LOCATED ON THE NORTH
SIDE OF BASELINE STREET, APPROXIMATELY 162 FEET EAST OF
GARNER STREET.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CTfY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Recitals
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(a) WHEREAS, the General Plan for the City of San Bernardino was adopted by
the Mayor and Common Council by Resolution No. 89-159 on June 2, 1989.
(b) WHEREAS, General Plan Amendment No. 04-OS was considered by the
Planning Commission on February 23, 2005, at a noticed public hearing, and the
Planning Commission's recommendation of approval has been considered by the Mayor
and Comrnon Council.
(c) WHEREAS, General Plan Amendment No. 04-OS together with the associated
Development Permit III (DPIII No. 04-28) was found to be exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15301, Minor Alterations to
Existing Facilities, and would not have a significant effect on the environment.
(d) WHEREAS, the exemption from CEQA has been reviewed by the Planning
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Commission and the Mayor and Common Council in compliance with the California
Environmental Quality Act (CEQA) and local regulations.
(e) WHEREAS, the Planning Commission conducted a noticed public hearing on
February 23, 2005, in order to receive public testimony and written and oral comments on
General Plan Amendment No. 04-OS (a proposal to change the General Plan Land Use
Designation from CG-2, Commercial General, to CH, Commercial Heavy for one pazcel
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located on the north side of Baseline Street, approximately 162 feet east of Garner Street
and fully reviewed and considered the Planning Division Staff Report and the
recommendation of the Environmental Review Committee.
(f) WHEREAS, the Mayor and Common Council held a noticed public hearing
and fully reviewed and considered proposed General Plan Amendment No. 04-OS and the
Planning Commission and Environmental Review Committee recommendations and
Planning Division Staff Report on May 2, 2005.
(g) WHEREAS, the adoption of General Plan Amendment No. 04-OS is deemed
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in the interest of the orderly development of the City and is consistent with the goals,
objectives and policies of the existing General Plan.
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SECTION 2. Exemption
NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED by the
Mayor and Common Council that the proposed amendment to the General Plan of the
City of San Bernardino will have no significant effect on the environment, and the
exemption heretofore prepared by the Environmental Review Committee as to the effect
of this proposed amendment is hereby ratified, affinned and adopted.
SECTION 3. Findings
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BE IT FURTHER RESOLVED by the Mayor and Common Council of the City
of San Bernazdino that:
A. The proposed amendment is internally consistent with the General Plan in that it
meets General Plan Goal 1G, in that it would allow for the expansion of an
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existing commercial facility to serve the local and regional public.
B. The proposed amendment would not be detrimental to the public interest, health,
safety, convenience, or welfare of the City in that any commercial property
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development will be required to comply with all applicable provisions of the
Development Code.
C. The proposed amendment would not impact the balance of land uses within the
City in that the proposed property is adjacent to other commercial uses in the CG-
2 and CH land use districts and is consistent with General Plan Policy 1G. The
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General Plan Amendment does not adversely impact the balance of land uses
within the City.
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D. In the case of an amendment to the General Plan Land Use Map, the subject
pazcel(s) is physically suitable (including, but not limited to access, provision of
utilities, compatibility with adjoining land uses, and absence of physical
constraints) for the requested land use designation(s) and the anticipated land use
development(s) in that all required utilities and public services can adequately
serve the site.
SECTION 4. Amendment
BE IT FURTHER RESOLVED by the Mayor and Common Council that:
A. The Land Use Plan of the General Plan of the City of San Bernardino is amended
by changing the land use designation from CG-2, Commercial General, to CH,
Commercial Heavy, for one pazcel located on the north side of Baseline Street,
approximately 162 feet east of Garner Street. -This amendment is designated as
General Plan Amendment No. 04-OS and its location is outlined on the map
entitled Exhibit A, and further described in Exhibit B, copies of which aze
attached and incorporated herein for reference.
B. General Plan Amendment No. 04-OS shall become effective immediately upon
adoption of this resolution.
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SECTION 5. Map Notation
This resolution and the amendment affected by it shall be noted on such
appropriate General Plan maps as having been previously adopted and approved
by the Mayor and Common Council and which are on file in the office of the City
Clerk.
SECTION 6. Notice of Exemption
The Planning Division is hereby directed to file a Notice of Exemption with the
County Clerk of the County of San Bemazdino certifying the City's compliance
with California Environmental Quality Act in preparing the Exemption.
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RESOLUTION ADOPTING GENERAL PLAN AMENDMENT NO. 04-OS
TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO, TO AMEND
THE GENERAL PLAN LAND USE DESIGNATION FROM CG-2,
COMMERCIAL GENERAL, TO CH, COMMERCIAL HEAVY, FOR ONE
PARCEL LOCATED ON THE NORTH SIDE OF BASELINE STREET,
APPROXIMATELY 162 FEET EAST OF GARNER STREET.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
Mayor and Common Council of the City of San Bemazdino at a
meeting thereof, held on the
9 vote, to wit:
10 Council Members
ll ESTRADA
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LONGVILLE
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MCGINNIS
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DERRY
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l6 KELLEY
1'7 JOHNSON
18 MC CAMMACK
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day of
2005, by the following
AYES NAYS ABSTAIN ABSENT
City Clerk
The foregoing resolution is hereby approved this
2005.
day of ,
JUDITH VALLES, Mayor
City of San Bemazdino
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
By: .-
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EXHIBIT A
---B-kSf t+NE-----------•
EXHIBIT B
LEGAL DESCRIPTION
Real property in the City of San Bernardino, County of San Bernardino, State of California,
described as follows:
THAT PORTION OF LOT 5, BLOCK 53, RANCHO SAN BERNARDINO, IN THE CITY OF SAN
BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED
IN BOOK 7, PAGE 2 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 981.75 FEET EAST OF THE SOUTHWEST CORNER OF SAID LOT;
THENCE NORTH 225.5 FEET; THENCE EAST 60 FEET; THENCE SOUTH 225.5 FEET; THENCE
WEST TO THE POINT OF BEGINNING.
APN: 0144-201-28-0-000
OFFICE OF THE CITY CLERK
Rnctret. G. Crnax, C.M.C. • crrx CLeeK
300 North "D" Street • San Bernazdino • CA 92418-0001
909.384.5002 • Fax: 909.384.5158
www.ci. san-bernazdin o.ca.us
May 4, 2005
Mr. John Mejia
Steven Paul Murray & Associates
370 W. 6'" Street, Suite 210
San Bernardino, CA 92401
Dear Mr. Mejia:
At the Mayor and Common Council meeting held on May 2, 2005, the following action was
taken relative to General Plan Amendment No. 04-OS> to change the land use designation from
CG-2, Commercial General, to CH, Commercial Heavy, for approximately 13,530 square Feet
of land located on the north side of Baseline Avenue approximately 162 feet east of Gamer
Street and Development Permit III No. 04-28, to construct a parking lot for ice cream trucks as
an expansion of an existing ice cream truck facility:
The heazing was closed and the Mayor and Common Council upheld the Planning
Commission's recommendation, based upon the Findings of Fact contained in the
Planning Commission staff report dated February 23, 2005, subject to the
Conditions of Approval, as amended, and Standard Requirements.
If we can be of further assistance, please do not hesitate to contact this office.
Sincerely,
~,<,~ ewe. ~j CQ~h-~~
Rachel G. Clark, CMC
City Clerk
RGC als
cc: Development Services
Iyed & Mona Irsheid, 5678 Elm Avenue, San Bernardino, CA 92404
CITY OF SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity • Accountability • Respect for Human Dignity • Honesty