HomeMy WebLinkAbout23-Planning & Building
CITY OF SAN BERt6DINO - REQUEST "R COUNCIL ACTION
Planning & Building Services
S b' t. Appeal of Planning Commission
u lec . denial of Conditional Use Permit
No. 91-03
Mayor and Common Council Meeting
January 20, 1993
.m.
pt:
Al Boughey, Director
Date:
January 13, 1993
Synopsis of Previous Council action:
On January 11, 1993, the Mayor and Common Council continued Conditional Use
Permit No. 91-03 to allow staff time to revise Conditions of Approval.
On November 2, 1992, the Mayor and Common Council approved the location in
concept and continued Conditional Use Permit No. 91-03 to January 11, 1993
to allow the Initial Study to be advertised as available for public review
and comment and required that the project be re-designed.
75.0262
Agenda Item No. d 3
On October 19, 1992, the Mayor and Common Council continued Conditional Use
Permit No. 91-03 for 2 weeks to allow time for a legal opinion from the
City Attorney relative to General Plan consistency. '
Recommended motion:
~
That the hearing be closed and that the Negative Declaration be adopted
Conditional Use Permit No. 91-03 be approved based on Findings of
t contained in Exhibits "E" and "F" and subject to the ~nnit-ion.. nf
Standard Requirements (Exhibit H) of the Staff, d
Report dated December 16; 1992. (Exhibit B of this",rej?orttoClnt! n~efls("-.H-:-/
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~ Ignature
Al Boughey
Contact person:
Al Boughey
Staff Report
Phone:
384-5357
I
Supporting data attached:
Ward:
FUNDING REQUIREMENTS:
Amount:
N/A
Source: IAcct. No.1
IAcct. Descriotionl
Finance:
. eil Notes:
.
CIT
-"om.
- - -- -
- - "
YOF SAN BERNlRDINO - REQUEST I8R COUNCIL ACTIOI
Al Boughey, Director S b'ect. Appeal of Planning Commission
u I . denial of Conditional Use Permit
Planning & Building Services No. 91-03
Mayor and Common Council Meeting
January 13, 1993 January 20, 1993
sis of Previous Council action:
anuary 11, 1993, the Mayor and Common Council continued Conditional Use
.it No. 91-03 to allow staff time to revise Conditions of Approval.
ovember 2, 1992, the Mayor and Common Council approved the location in
ept and continued Conditional Use Permit No. 91-03 to January 11, 1993
llow the Initial Study to be advertised as available for public review
comment and required that the project be re-designed.
ctober 19, 1992, the Mayor and Common Council continued Conditional Use
it No. 91-03 for 2 weeks to allow time for a legal opinion fro~ the
Attorney relative to General Plan consistency.
mended motion: ,
the hearing be closed and that the Negative Declaration be adopted
Conditional Use Permit No. 91-03 be approved based on Findings of
contained in Exhibits liE" and IIF" and subject to the Gonnii-iOt:l" nf'
~-tExhibit G~ _ft~ Standard Requirements (Exhibit H) of the Staff )
rt dated December 16" 199f. (Exhibit B of this"lrepo::t~.4nu n€,.-'::'e:I,5....~
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Ignature
Al Boughey
Al Boughey Phone: 384-5357
ct person:
rting data attached: Staff Report Ward: 1
ING REQUIREMENTS: Amount: N/A
Source: (Acct. No.1 -
(Acct. DescriDtion)
Finance:
il Notes:
2 Agenda Item No c?3
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Date:
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75.026
CITY OF SAN BERNttRDINO
- REQUEST ~R COUNCIL ACTION
S b'ect' Appeal of Planning Commission
u I . denial of Conditional Use Permit
No. 91-03
Mayor and Common Council Meeting
January 20, 1993
From: Al Boughey, Director
De~: Planning & Building Services
Da~: January 13, 1993
Synopsis of Previous Council ection:
On January 11, 1993, the Mayor and Common Council continued Conditional Use
Permit No. 91-03 to allow staff time to revise Conditions of Approval.
On November 2, 1992, the Mayor and Common Council approved the location in
concept and continued Conditional Use Permit No. 91-03 to January 11, 1993
to allow the Initial Study to be advertised as available for public review
and comment and required that the project be re-designed.
On October 19, 1992, the Mayor and Common Council continued Conditional Use
Permit No. 91-03 for 2 weeks to allow time for a legal opinion from the
City Attorney relative to General Plan consistency. .
Supporting d~ attached:
Ward:
1
Recommended motion:
That the hearing be closed and that the Negative Declaration be adopted
and Conditional Use Permit No. 91-03 be approved based on Findings of
Fact contained in Exhibits "E" and "F" and subject to the Conditions of
Approval (Exhibit G) and Standard Requirements (Exhibit H) of the Staff
Report dated December 16,' 1992. (Exhibit B of this report).
tt/ ~~ fiillJ:
Ignature
Al Boughey
Contact penon:
Al Boughey
Staff Report
Phone:
384-5357
FUNDING REQUIREMENTS:
Amount:
N/A
Source: (Acct. No.1
(Acct. DescriDtionl
Finance:
Council Notes:
75-0262
Agenda Item No. d:3
.
.
STAPF REPORT
,,SUBJBCT: Revised Conditions of Approval for Conditional Use Permit
91-03.
REQUEST/LOCATIOII: The Applicant requests approval to construct a
Senior Citizen apartment project consisting of 45 units in 1
building with an interior courtyard, on a 1.4 acre site located on
the north side of Third Street, between Ailen Street and Sierra
Way. Pursuant to San Bernardino Municipal Code 19.78.025
(repealed), a reduction of required parking is requested. Please see
EXhibit A, Location Map, and EXhibit I, site plan of the staff
report dated December 16, 1992 (EXhibit B)
BACKGROUND: On October 19, 1992, this item was presented to the
Mayor and Common Council with a recommendation for denial, based on
the location of the proposed senior housing. A motion to approve
the project in concept and continue the item for 90 days to allow
for the redesign of the project failed by a vote of 2 ayes, 3 nays,
and 2 abstentions. By unanimous vote, the item was continued to
November 2, 1992, to allow the City Attorney to prepare a legal
opinion relative to General Plan Consistency. On November 2, 1992,
by a vote of 5 ayes, 1 no, and 1 abstention, the project was
approved in concept, and continued to January 11, 1993, to allow 60
days for the redesign of the proj ect and to allow the environmental
determination (Negative Declaration) to be made available for the
required 21 day public review and comment period. On January 11,
1993, the Mayor and Common Council referred the project to the
Housing Committee to revise the Conditions of Approval, and
continued the item to January 20,1993.
DISCUSSIOII: On January 12, 1993, the Housing Committee met with
the project proponent, his architect, and City staff members to
discuss the proposed Conditions of Approval. A consensus was
reached, and the revised conditions are attached as EXhibit A.
OP'l'IONS AVAILABLE TO THE MAYOR AND COMMON COUNCIL: The Mayor and
Common Council may:
1. Adopt the Negative DeClaration, and approve
Conditional Use Permit 91-03 subject to the
Findings of Fact contained in EXhibits E and F, and
the Conditions of Approval contained in EXhibit G,
and the Standard Requirements contained in EXhibit
B in the staff report dated December 16, 1992
(EXhibit B of this report):
.
.
2. Deny the project. (Supports Planning Commission
decision); or
3. Continue the item for further consideration.
pLMlJrXBa COIllUSSIOB RBCOJOlBIlDATIOB: The Planning Commission voted
6-0 to deny the project with 2 abstentions, based on the analysis
contained in the Planning Commission Staff Report, and recommended
'that the Mayor and Common Council deny the project based on the
fact that the site is unsuitable for senior housing, and a re-
design of the project will be of no benefit because of location.
STUP RBCOMlDDlDATIOB: Based on direction of the Mayor and Common
Council given at their meeting of October 19, 1992, it is
recommended that the Mayor and Common Council adopt the Negative
Declaration, and approve Conditional Use Permit 91-03, subject to
the conditions of approval contained in Exhibit G and the standard
requirements contained in Exhibit H, based on the Findings of Fact
contained in Exhibits E and F of the staff report dated December
16, 1992. (Exhibit B of this report).
Prepared by: Sandra Paulsen, Senior Planner
For: Al Boughey, Director, Planning and Building Services
BXHIBITS: A.
B.
Revised Conditions of Approval
Staff Report Dated December 16, 1992
.
.
Project specific
Conditions of Approval
RBVISBD
1. To mitigate noise generated by traffic on Third street and
noise from fire engine sirens, the east and south walls of the
building shall be constructed of the following materials:
operable dual glazed windows consisting of 2 lites of
1/8-inch glass separated by 1/4-inch air space, and using
a pile seal
.
.
solid wood core doors
.
wall construction consisting of 7/8-inch stucco over
l-inch styrofoam on a 2x4 wood stud frame, studs located
16 inches on center with R-13 insulation in the stud
cavity, and a 5/8-inch gYpsum board interior finish.
2. The project shall be occupied by qualified seniors who are
defined as single residents the age of 60 years or older, or
married couples of which at least 1 partner is 60 years or
older.
3. If the project is not occupied by qualified seniors, the
building shall be converted to offices as follows:
.
the building footprint shall be reduced
8,944 square feet by removing the
apartments
to a maximum of
north wing of
.
the maximum number of office suites provided shall be 18,
7 on the first floor, 8 on the second floor, and 3 on the
third floor
.
the area of building demolition shall be developed with
parking and landscaping, with 81 parking spaces and 29%
landscaping provided over the entire site.
4. Mini-bus/shuttle service shall be provided on a daily basis,
for the life of the senior apartment project.
Monitored security
capabilities shall be
wiring for security
provided.
6. The sidewalk located within the patio area, designed for
walking laps, shall be located a minimum of 3 feet from the
5.
systems with duress/panic button
provided at each dwelling unit. Pre-
cameras at each entrance shall be
Exhibit "A"
.
.
bUildinq, and the 3 feet shall be landscaped with Shrubbery
which will prevent people from beinq adjacent to livinq
quarters. This condition is not applicable to the south side
of the patio area, which is adjacent to common area.
7. A 12-foot structural openinq shall be built into the walls
between the 2 westernmost small meetinq and qames rooms
located at the west end of the Community Activity Center.
This openinq may be filled in until it is determined that the
openinq is needed.
8. In order to ensure compliance with the Fair HOusinq Amendments
Act of 1988, prior to the issuance of buildinq permits, the
applicant shall provide, and the City shall approve a
manaqement plan which includes the fOllowinq:
The nature of advertisinq desiqned to attract prospective
residents;
.
.
.
Aqe verification procedures;
.
Lease provisions;
.
Written rules and requ1ations;
.
Actual practices
relevant lease
requlations;
of the owner or manaqer in enforcinq
prOvisions and relevant rules or
.
Means by which the required mini-bus/shuttle service will
be provided and how the prOVision of service will be
monitored by the City;
Any social and recreational proqrams anticipated, and how
they will be administered;
Means by which the City will monitor and verify the aqe
of the OCCUpants on an annual basis;
.
Failure of the property owner or manaqer to comply with the
prOvisions of the approved manaqement plan will be qrounds for
revocation of the Conditional Use Permit, pursuant to Chapter
19.36 of the Development Code.
9. Construction shall be in compliance with Section 504 of the
Housinq and Rehabilitation Act, the Americans with
Disabilities Act, and state standards for handicap
accessibility. All units shall be handicap adaptable.
10. The sinks and toilets of all bathrooms shall be reversed on
the construction drawings. This shall not apply to the 2
studio units.
11. All fire exit doors shall be provided with handicap ramps.
.
.
12. Base moldings shall be provided for all floors.
13. The elevator shall be hydraulic..
14. The elevator lobby door shall be an automatic, magnetic, hold-
open door.
15. All kitchen stoves and laundry dryers shall be powered by
natural gas.
16. A washing machine and dryer shall be provided in each living
unit. All washing machines in individual living units on the
shall be top loading. When any unit is occupied by a mobility
impaired person, the top loading washer shall be replaced with
a front loading washer.
17. A common laundry facility shall be provided on the first floor
to accommodate mobility impaired persons who may not be able
to reach the dryer on stacked machines. There shall be 4
washing machines and 4 dryers in the common laundry room. The
dryers shall not be stacked units.
18. Each unit shall be supplied with individual, quick recovery
water heaters.
19. Each apartment unit shall be furnished with central heating
and air conditioning, and each dwelling unit shall have a
thermostat.
20. Each apartment unit shall be individually metered for
electricity and gas.
21. The perimeter wrought iron fence pedestrian and vehicular
accesses shall be electronically controlled.
22. Each kitchen shall be provided with an energy efficient, 14
cubic foot, refrigerator, stove with oven (natural gas),
microwave oven, front-lading dishwasher, and garbage disposal.
In the 2 studio units, a 6 cubic foot, under-the-counter,
refrigerator may be used.
.
.
CONDITIONS
CASE CUP 91-03
AGENDA ITEM
HEARING DATE
PAGE
1-11-93
38
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
___,gL____
Construction shal J be in substantial conformance
with the plant s I appro\'ed b,' the Director.
Develooment Review COlllli ttee. Planni ng Commission
or Kavor and COllmon Council. Minor modification to
tbe olanCs) shall be subject to appro\'al bv the
Director throu!!,h a minor modification permit
process. Anv modification which exceeds 10% of the
following allowable measurable design/site
considerations shall require the refi I inl of the
orilinal appl ication and a subsequent hearing b,'
the appropriate hearing review authority if
applicable.
1. On-site circulation and parking. loadinll and
landscapinll:
2. Placement and/or heilht of walls. fences and
structures:
3. Reconfiluration of architectural features.
including colors. and/or modification of
finished materials that do not alter or
compromise the previously approved theme: and.
.., A reduction in densit\' or intensit~' of a
development project.
24,
~ithin one year of develooment 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 oeriod of one Year. then
the permit/aporoval shall become null and void.
Projects may be built in phases if preapproved bv
the review authority. If a project is built in
preapproved phases. each subsequent phase shall
have one year from the orevious phase's date of
construction commencement to the next phase's date
of construction commencement to have occurred or
the permit/approval shall become null and void,
I
Proj ec t : __C.p!!!!:!..!J.P!!!!.!...!l~.L~l!..':!!1iLN.p~_~!..-.91-___~________..
Expiration Date:__~~E!![)l~_~J~___________________
~
.,. CI' ... -.-,
-
......... PME 1 OF ,
-oOlII
(44lII
.
.
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE
CUP 91-03
AGENDA ITEM
HEARING DATE
PAGE
CONDITIONS
1-11-93
39
25.
~
26.
-------- _.
27.
---------
The revie" authoritr lIa,-, upon application bein~
filed 30 dars prior to the expiration date and for
good cause. grant one tille extension not to exceed
12 months, The review authoritv shall ensure that
the project cOllplies "ith all current De"elopment
Code provisions.
In the event that this approval is legallr
challenged. the Citr will promptly notify the
applicant of any claill or action and will cooperate
fully in the defense of the lIatter. Once notified.
the applicant agrees to defend. indellnify. and hold
ha.rllless the Citro its officers. a!tents and
emplorees from any claim. action or proceeding
against the City of San Bernardino. The applicant
further agrees to reimburse the City of anv costs
and attorners' fees which the Citr lIav be required
by a court to pav as a result of such action. but
s~ch participation shall not relieve applicant of
his or her obligation under this condition,
No "acant. relocated. altered. reDaired or
hereafter erected structure shall be occupied or no
change of Use of land or structure( s) ahal I be
inaugurated. or no ne" business commenced as
authorized by this permit unti I a Certificate of
Occupancv has been iSsued b.. the Departllent. A
temporary Certificate of Occupancy mav be issued bv
the Department subject to the conditions imposed on
the use. provided that a deposit is filed with the
Departllent of Public Works prior to the issuance of
the Certificate of OccupancY'. The deoosit or
security shall guarantee the faithful performance
and completion of all terms. conditions and
performance standards imposed on the intended use
by this permit.
Prior to the issuance of a Certificate of
Occupancy. the landowner Shall file a lIaintenance
agreement or covenant and easement to enter and
maintain. subject to tile approval of the City
Attorne,'. The agreement or covenant and easement
to enter and maintain shall ensure that if the
landowner. or subsequent owner1s). fails to
maintain the required/installed site improvements.
the City will be able to file an appropriate
lienls) against the proPerty in order to accOllolish
the required maintenance. ~
"""GII__
--
I","",
Pl..A:~ PAGE1OF1
.
.
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE CUP 91-03
AGENDA ITEM
HEARING DATE
PAGE
CONDITIONS
1-11-93
L1n
r
~
28.
--------.--
..
The developer is to subait a complete aaster
landscape and irrillation plan 15 copies) for the
entire development to the Public Works Department
with the required fee for review. The landscape
plans "ill be forwarded to the Parks. Recreation.
and Communit~. Services and the Planninll Division
for revieo:. (Note: The issuance of a building
development Permit bv the DeDartment of Planning
and Bui lding Services does not waive this
requirement.) No ~rading permitls) will be issued
prior to approval of landscape plans. The
landscape and irrieation plans shal I comph' with
the "Procedure and Policy for Landscape and
Irrieation" lavailable from the Parks DeDartmenl).
and comply with all applicable provisions of
Chapter 19.28 (Landscapine Standards.) of the
Developaent Code effective on the date of approval
of this permit. Trees are to be inspected bv a
representative of the Parks Department prior to
plantine.
IThe followine provision is appl icable to single
faaily homes.) Trees. shrubs and eround cover of a
type and quality eenerally consistent or compatible
with that characterizine sinele family homes shall
be provided in the front yard and that portion of
the aide yards which are viaible from the street.
All landscaped areas must be provided with an
auto.atic irrieation syatem adequate to insure
their viabilit~.. The landscape and irrieation
plans shall be reviewed as outlined above.
:::.:: -
-
144111
PL.M.I.DI PAGE 1 OF ,
-
.
.
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE
CUP 91-03
CONDITIONS
AGENDA ITEM
HEARING DATE
PAGE
1-11-93
41
~
29.
This permit or apl.ro\'al is lluhiect to th.. atta"h..d
conditions or requiremenls of the fOllo"'inv CH',-
Departments or Divisions:
---------
x
Fire Departllent
x
Parks. Recreation
Services Department
&
Comlluni t,,'
x
Building
Planning
Department
Ser\picps Di,pision
and Buildina
of the
Ser"ices
----------
x
Police Department
----------
----------
Public Services (Refuse) Department
x
Public liorks
Department
(Enllineerinl1)
----------
x
liater Department
----------
'""
..
~=
............ __'OF' (44lI!
-- -----
. .
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE CUP 91-03
AGENDA ITEM
HEARING DATE 1-11-93
PAGE 42
CONDITIONS
r
"I
---------
30.
---------
...
This permit or appro,'al is subject to all the
applicable provisions of the Developllent 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 and
control; noise control; odor control; screening;
signs. off-street parking and off-street loading;
and. vibration control. Screening and sign
regulations cOllpliance are important considerations
to the developer because they will delay the
issuance of a Certificate of Occupancy until they
are cOllplied with. Any exterior structural
equipment. or utility transformers. boxes. ducts or
meter ~abinets shall be architecturally screened by
wall or structural element. blending with the
bUilding design and include landscaping when on the
ground. A sign program for all new Commercial.
offi ce and industria I centers of three or 1I0re
tenant spaces shall be approved by the Departllent
prior to the issuance of a Certificate of
Occupancy.
This requirement also includes any applicable Land
Use District Development Standards for residential.
commercial and industrial developments regarding
minimum lot area. minimum lot depth and width.
minimum setbacks. maximum height. maximum lot
coverage. etc.
This de\'elopllent shall I". required to lIaintain a
minimum of ** standard off-street oarkinll
spaces as Sh;;';;-l;~ -the appro\'ed plan! s) on fi Ie.
** 54 & 1 shutt e bus
14olll)
"'CI'~
fII.AN.I.aI PAGEtOFt
- ---....-- ------
CITY OF SAN BERttlRDINO
- REQUEST "R COUNCIL ACTION
FnGm: Al Boughey, Director
Dept: Planning & Building Services
Date: December 16, 1992
Subject. Appeal of Planning Commission denial
. of Conditional Use Permit No. 91-03
Mayor and Common Council Meeting
January 11, 1993
Synopsis of Previous Council action:
On November 2, 1992, the Mayor and Common Council approved the location in
concept and continued Conditional Use Permit No. 91-03 to January 11, 1993
to allow the Initial Study to be advertised as available for public review
and comment and required that the project be re-designed.
On October 19, 1992, the Mayor and Common Council continued Conditional
Use Permit No. 91-03 for 2 weeks to allow time for a legal opinion from
the City Attorney relative to General Plan consistency.
Recommended motion:
That the hearing be closed and that the Negative Declaration be adopted and
Conditional Use Permi~No. 91-03 be approved based on Findings of Fact
contained in Exhibits"E" and "F" and subject to the Conditions of Approval
(Exhibit G) and Standard Requirements (Exhibit H).
(Ii /:;Li~'/:;-
~nature ---
Al Bougher \...1
Contact person:
Al Boughey
Staff Report
Phone:
384-5357
1
Supponing data attached:
Ward:
FUNDING REQUIREMENTS:
Amount:
N/A
Source: /Acct. No.)
(Acct. DescriDtionl
Finance:
Council Notes:
Exhibit "B"
75.0262
Agenda Item No
-
-
- -
KAYOR AKJ) LON COUNCIL HEETDlG - ST. REPORT
SUBJECT: APPEAL OF PLANNING COMMISSION DENIAL OF CONDITIONAL USE
PERMIT (CUP) 91-03
REQUEST/LOCATION: The Applicant requests approval to construct a
Senior Citizen apartment project consisting of 45 units in 1
building with an interior courtyard, on a 1.4 acre site located on
the north side of Third Street, between Allen Street and Sierra
Way. Pursuant to San Bernardino Municipal Code 19.78.025
, (repealed), a reduction of required parking is requested. Please see
Exhibit A, Location Map, and Exhibit I, site plan.
BACKGROUND: On October 19, 1992, this item was presented to the
Mayor and Common Council with a recommendation for denial, based on
the location of the proposed senior housing. A motion to approve
the project in concept and continue the item for 90 days to allow
for the redesign of the project failed by a vote of 2 ayes, 3 nays,
and 2 abstentions. By unanimous vote, the item was continued to
November 2, 1992, to allow the City Attorney to prepare a legal
opinion relative to General Plan Consistency. On November 2, 1992,
by a vote of 5 ayes, 1 no, and 1 abstention, the project was
approved in concept, and continued to January 11, 1993, to allow 60
days for the redesign of the project and to allow the environmental
determination (Negative Declaration) to be made available for the
required 21 day public review and comment period.
CEQA STATUS: On July 30, 1992, the Environmental Review Committee
(ERC) continued Cr;mditional Use Permit 91-03, and required a
redesign of the project to address concerns of safety and
compatibility. Following the redesign, on November 12, 1992, the
ERC recommended a Negative Declaration be adopted for the project.
The Initial Study was made available for public review and comment
from November 18, 1992, through December 9, 1992 (see Exhibit C,
Initial Study).
On December 9, 1992, a letter challenging the adequacy of the
Initial Study was received by the City (see Exhibit D, Comments on
Initial Study). Specifically, the challenger felt the following
items should be addressed:
1. Do the design and project features meet the requirements
of the Fair Housing Act for an age discrimination
exemption and, if not, can the City be liable for
participating in a project that may be questionable?
RESPONSE: This is not an environmental concern, however, as a
Condition of Approval (Condition 8, Exhibit G), a
management plan is required to be submitted to, and
approved by the City prior to the issuance of building
permits to ensure compliance with the Fair Housing
Amendments Act of 1988.
-
-
-
-
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. .
Conditional Use Permit 91-03
Mayor and Common Council meeting January 11, 1993
Page 2
2.
Economic
including
City and
taxpayers
and marketing feasibility of the project
financial arrangements and obligations of the
proponent and financial liability to the
in the event of failure.
RESPONSE:
This is not
arrangements,
environmental
a planning
marketing,
issues.
issue,
and
nor are
taxpayer
financial
liability
3. Methods and procedures required to monitor compliance and
enforcement of Conditions of Approval that will be placed
on the project.
RESPONSE: Annual monitoring of mini-bus/shuttle service and age of
the residents is a requirement of the management plan
discussed in Condition of Approval 8. All other
mitigation and conditions of approval will be shown on
construction plans prior to issuance of building permits.
4. The practicality of evicting tenants and demolishing a
portion of the complex if a conversion to office is
required. Who will be responsible for funding the
conversion?
RESPONSE: Presumably, if a conversion to office were required,
there would be no tenants to evict. The reality is that
if the project is not occupied by qualified seniors at
full market rent, the Economic Development Agency may
intercede and attempt to sell the project to the Housing
Authority for subsidized senior housing. If that
transaction were not accomplished, the conversion plan
would be subject to CEQA, and environmental concerns
would be addressed at that time. In order to make the
project more acceptable for the Housing Authority to
consider for subsidized senior housing, Conditions of
approval 9 through 20 have been added.
No other comments were received.
AJlALys:rs: The project has been redesigned as required by the
Environmental Review Committee. The project consists of 1 large
building with 45 apartment units. Fifty-four parking spaces are
provided as required by the Development Code. Since this project
is not subject to the Development Code, it was necessary to apply
for a variance from previous standards. The requested variance is
to reduce from 68 to 54 the number of required parking spaces. The
former Title 19 (repealed) made no distinction between family
apartments and senior apartments for parking requirements. The
,-
. .
Conditional Use Permit 91-03
Mayor and Common council meeting January 11, 1993
Page 3
previous standard was 1.5 space per 1-bedroom unit and 2 spaces per
2-bedroom unit. One space per unit was required to be covered, and
the remaining spaces were to be left open for quest parking. Those
requirements dictate that 68 parking spaces be provided for this
" proj ect.
During the time frame of the Urgency Ordinance, (June 2, 1989
through June 3, 1991), an analysis for senior apartment parking
requirements was conducted. Several area cities were contacted to
find out what the parking requirements were, and whether the person
contacted felt the standard was high or low. As a result of that
study, it was determined that 1.~ parking spaces per unit would be
adequate for senior apartments, with 1 space per unit covered and
.2 space per unit (1 space per 5 units) would be left open for
quest parking. That standard was incorporated into the Development
Code, however, Title 19 (repealed) was never amended.
The proposed variance provides parking in accordance with the
Development Code, which would require 54 parking spaces for this
project, and staff is not opposed to the number of spaces proposed.
However, since the Planning Commission determined that the previous
Title 19 (repealed) standards applied to this project, the project
requires 68 parking spaces. Approval of the variance request would
allow the 54 parking spaces as proposed.
The project meets all other code (planning) requirements.
KEY J:SStJES:
2 key issues remain:
.
The revised feasibility study remains inadequate in
that the criteria used is county wide, and no
justification is given for full market rent senior
apartments at this location, (people who can afford
full market rent would choose to live elsewhere);
.
The conversion plan submitted will
removal of the rear portion of the
reduce square footage and to provide
office uses.
require the
building to
parking for
Please see Exhibit B, comments from Economic Development contained
in the memo dated November 23, 1992, and Exhibit M, Conversion Plan
site plan.
OPTJ:ONS AVAJ:UBLB TO THE DYOR AND COMMON COUHCJ:L: The Mayor and
Common Council may:
. .
Conditional Use Permit 91-03
Mayor and Common Council meeting January 11, 1993
Page 4
1. Adopt the Negative Declaration, and approve
Conditional Use Permit 91-03 subject to the
Findings of Fact contained in Exhibits E and F, and
the Conditions of Approval contained in Exhibit G,
and the Standard Requirements contained in Exhibit
H:
2. Deny the project. (Supports Planning Commission
decision): or
3. Continue the item for further consideration.
PLUlHl:NG COMMl:SSl:ON RBCOJIHENDATl:ON: The Planning Commission voted
6-0 to deny the project with 2 abstentions, based on the analysis
contained in the Planning Commission Staff Report, and recommended
that the Mayor and Common Council deny the proj ect based on the
fact that the site is unsuitable for senior housing, and a re-
design of the project will be of no benefit because of location.
STAFF RBCOMKENDATl:ON: Based on direction of the Mayor and Common
Council given at their meeting of October 19, 1992, it is
recommended that the Mayor and Common Council adopt the Negative
Declaration, and approve Conditional Use Permit 91-03, subject to
the conditions of approval contained in Exhibit G and the standard
requirements contained in Exhibit H, based on the Findings of Fact
contained in Exhibits E and F.
Prepared by: Sandra Paulsen, Senior Planner
For: Al Boughey, Director, Planning and Building Services
- - - - --
- - ...
. .
Conditional Use Permit 91-03
Mayor and Common Council meeting January 11, 1993
Page 5
BDJ:BJ:T8:
A. Location Map
B. Memo from the Economic Development Agency
C. Initial Study
D. Comments received on Initial Study
E. Findings of Fact (COP)
F. Findings of Fact (variance)
G. Conditions of approval
H. Standard Requirements
I. Site Plan
J. Floor Plan (1st floor)
K. Floor Plan (2nd floor)
L. Elevations
M. Site Plan (Conversion Plan)
N. Floor Plan (Conversion Plan)
o. Rear Elevation (Conversion Plan)
P. Planning Commission Staff Report dated 9/22/92
(not redistributed)
-
-
...,--------- - -----
- --
. CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE CUP 91-03
~ AGENDA
ITEM #
LOCATION
HEARING DATE 1-11-93
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Exhibit "A"
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DBVILOPMB.T DBPARTIIBKT
or TBB crn OF SD BDlWlDIWO
JmR)IWQ)UM
TO:
Kenneth J. Henderson. Executive Director
FROM:
EDWARD L. FLORES
Housing Development Specialist
SlmJEC!:
SICOl'lD IWlDT AlfALYSIS FOR
l'!II.LIRKIUM ItAROR SnIOR BOUSIBG
DATE:
November 23. 1992
COPIES:
Deputy Director; Senior Planner; Development Specialist
Echeveste; rile
--------------
I am in receipt of an interoffice memorandum from Mr. .11 BoughT. Director
of the Planning an4 Building Services Department requestina COllllllel1U to a
second market analysis for the Millenium Senior Housing Project.
'!he new market analysis differs from the orginal primarily in (i) design
of the structure, and (ii) amenities being offered. The project consist
of a 45 unit senior housing apart:e:ent complex with some common as
amenities. such as; laundry room. storage room, Offices, and a patio
area. The project anticipates haYing; ten (10) studio (457 sq. ft)
apartments; thirty-one (31), (520 sq. ft.) one (1) bedroom aprtments, and
four (4), (663 sq. ft.) two (2) bedroom apartments.
Hovever. the sUllllllary of need onl" continues to illustrate countyvide
statistics relative to potentlonal senior citizen renters. There is no
statistieal information relative to the City of San Bernardino nor
specific information concerning the area whare the project will be
located. The study con tines its growth anaylSis to anticipated county
baby boom population growth patterns for its development justification.
The analysis fails to illustrate that the project is necessary within the
project area, and 1s desirable. aod will provide a service to the
co=unity.
The developer attempts to provide a sense of security by enClosing the
project area with block walls and a six-foot wrought-iron f.nce Which
includes both pedestrian and vehicular access. This may offer a sense of
security if WI are considering the cievelopment of a jail but does very
lll:tle for the day to day living environment of senior citizens. Simply
put. senior citizen renters would continue to be warehonsed usine these
buildinl design features. The only means offered tenants for acce.s to
the outside world is to own and drive a car or depend on a shuttle bus
for transportation. Walking to &:I.l! from any retail busainesses 10cated
within a five block distance is limited as the surrounding neigh~orhood
cc~tinues to be plaqued by crime ~d gana activity.
Exhibit "B"
'. .
the analysis fails to support ths .arketability end economic t...ibility
of the project as it relat.. to. comparison of amenities/festur.. v..
rent structures and ths lik.lihood that aeniora given alternatiye choice.
will live elsewhere. Potential """arket rate" senior cithen teDaJl.ts will
not accept these living conditiona, especially aince thera is currently
an abundance ot more attractive senior housing available in the community.
A recent telephone survey of St. Bernardine Senior Houaing reveals that
its waiting list for vacant apartments is less then six (6) months Ion..
rbis waiting list is especially short because ot the location of the
complex for fear of living within the surrounding neighborhooc1. This
coupled with the knowledge that there are attractive housing projects
becoming available outside of the immediate araa. This factor is
important to nota, as this particular senior housing project is well
~aged with significant amenities offered in comparison to the Millenium
project. Additionally, the Senior Citizen Center located directly across
the street trom St. Bernardine Senior Apartments keeps "ALL" aceess doors
adjacent to 5th Street permanently closad and liMits its hours to 4:00
p.m. as a security measure against crime in the area.
Statf still questions the need to construct a senior housing project
vithln the described ares. This c1eciaion is companded when a likelihood
ezsist thst senior citizens will be confined to their apartment complex
with very vew amenities available to them. The analysis faUs to
eonciderthe location of this project and What impsct this will have in
lease-up and vacancy rates.
Considering the design, features. and amenities offered, the anaylysis
has not provided sufficient information to justity the construction of a
Senior Housing Complex within the area in question. Therefore. ataff
would not recolIIIDend this type of housing structure for a senior housing
apartment.
Should you have any questions concerning the contents of this report.
plaa.. see me. '7 0
d.l~/~~
Edward L. Flores, Housing Development Specialist III
Development Department
_________T
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J:LF:elf:2318B
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CITY OF SAN BERNA INO PLANNING AND BUILDING ERVICES DEPARTMENT
INITIAL STUDY
Applicant(s)
Adcl.ress
City, State
Zip
Ooc:Misc
InitialStuciy
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Initial Stucl.y for Environmental Impacts
For (l-"~b/fj..J '"l-&", ~~..:.r ",_ tJ 3
Project NUJIIber
projec~ cl.e~CriPtion/location~~~:~t
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Preparecl. by:
~...l'ALAt ?M...l-cE~
Name
~G.tJI.1f1L ~ArA.\.J#L.
Title
City of San Bernarcl.ino
Planninq ancl. BUilcl.inq Services
300 North "0" Street
San Bernarcl.ino, CA 92418
.oil
PUIMlI7 .Mli 1 OF I (....,
Exhibit "e"
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CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT
ENVIRONMENTAL IMPACT CHECKLIST
,.-
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A. BACKGROUND
Application Number: ,r -"~ J).. ,"7":" ..J~ I
U~AE '7kLIIA,-r
Q{-O"3
ProjectOescription: -r;; ~1JAd'u.,-r d 4o-~~1I~'t, <,.:",. ~~.t;YM
AfA'~""~"~ t'..A'"f/~ ~1l1f~~",1'''1 J IIJ 4-r'''~ IAn:I,J,'~<, ~A
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Location: AJ., ~f. J... -:.; d I.. D..C'
3d- S"e.nu.t: h"Lw"-f!"-
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Environmental Constraints Areas:
'~.su",J::.A ilJ. ./J,,+"-,u ..J.:,. J
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General Plan De.ignadon: fl ,"*-~"'d~ 1)./:.:;"", _ I
Zoning Designation:
I!..lk.Nlfl.rr.;.J Of!:,,~ - I
B. ENVIRONMENTAL IMPACTS Exlllain answers. where approllriate. on a sellarate allached sheet.
- -
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10. Public Servl_: WID lh. pnlplISal impcllh. lollowing Yu No Maybe
beyond lh. capabHity 10 pRlVide adequa18 l.v.1s 01 s.rvice?
L FIre pIlllllCllon? )(
b. Police prolllClion? "
c:. Schools (I.... all.n~, boundaries, ov.rload, 81c:.)? 'l(
d. Parks or olh.r r__.won.Ilacilillu? )(
.. Medical aid? X.
I. Solid Wast.? 'l(
g. Other? )(
11. UllUU.s: Win lh. propos8/:
L Impctlh. lollowing beyond lh. capability 10
provide adequate lev.1s at MlVice or require lh.
construClion of n_ laciIiIies?
1. Naturlll gas? X
2. E1l1dricity? )(
3. Wat.r? 'Ie
4. S.wer? )(
5. Oth.r? l(
b. Ruult In a disjointed paIt8m at utiIily exlensions? )(
c:. Require th. construcllon at _ IaciI.ilies? V
12. .leath.tlcs:
L Could lh. proposal result in the obslruclion 01 any
SClIIlIe vi.w? ')(
b. WID lh. visulll impact of the projecl be detrim.ntal
10 lh. surrounding area? X
c:. Oth.r? X
13. CUltural Reeo_a: Could the proposlll result in:
L The alteration or dastruclian at a prehistoric or
hlslllrlc archaeological siIa br dev.lopmant wilhin an
archaeological sensitive _ as id.ntified in SlICIion
3.0 . Historical, Figura .. at... City's Gan.rlII Plan? 'If.
b. A1t.ration or dastruClion at allislDrlcal site, S1rUclur.
or olljacl as listad in the CiIy's Historic Resourcaa
R_nnaisaanc8 Survey? y
c:. Oth.r? 'If
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PlAK4.a1 PAGE"OF_ (11-iO)
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,4. MIIndatory findIng. of Significance (Seelion 15065)
The CallIomia Environmental Quality M. states that ~ any of the following can be answered yes or
maybe, the project may have a .ign~icant affeel on the environment and an Environmental Impact
Report shall be prepared.
Ve.
No
Maybe
L Ooes the project have the potential to degrade the
quality of the environment, substantially reduce the
habitat of a fISh or wildrafe species, cause a fish or
wildlWe population to drop below seW sustaining levels,
threaten to eliminate a plant or animal community,
reduce the number or restrict the range of a rare or
endangered plant or animal or eliminate important
examples of the major periods of Cal~omia history
or prehistory?
b. Ooes the projeel have the potential to achieve short-
lerm, to the disadvantage ellong-term, environmental
goals? (A short-term impact on the environment is one
which occurs in a relatively brief, definitive period
of time while long-term impactS will endure well into
the future.)
)(
"x.
c. Ooes the projeel have impactS which are individually
Iim~ad, but cumulatively considerable? (A projeel may
impact on two or more separate resources where. the
impact on eKh resource is relatively small, but where
the affeel of the total of those impacts on the
environment is sign~icant.)
d. Ooes the project have environmental effeels which will
cause substantial adverse effeels on human beings,
e~her directly orlndiractly?
'x
y
C. DISCUSSION OF ENVIRONMENTAL EVALUATION AND MITIGATION MEASURES
(AlIach sheats as nacassary.)
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PI.AH-I.aI PAGE 50F _ {11.VOJ
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C. DXSCUSSXO. 01' DlVXJtOJIHBN'1'AL BVALtJATXOH AND HXTXGATrOH HZAstJRES
1. f. Earth Resources: Warmcreek Channel flows through the site,
and is identified as a blueline stream on the USGS quadrangle map.
However, in 1984, the stream course was diverted from the site by
..a reinforced concrete pipe from the channel, down Court Street to
the storm drain in Sierra Way. State Fish and Game does not
regulate the channel, and no permits from Fish and Game, nor the
Corps of Engineers are required. There will be no impact by
development of this project.
1. g. Earth Resources: The project is located within an area
identified as having high potential for liquefaction. Standard
mitigation will be incorporated into the construction plans which
will reduce the impact to a level of insignificance.
3. a. Water Resources: Absorption rates will change due to the
construction of buildings, drive aisles, and parking areas.
However, the site will be graded so that any increased run-off
during rainy periods will be directed to improved storm drains and
the impact will be reduced to a level of insignificance.
4. d. Biological Resources: There are several mature trees on the
site. However, the site plan shows that the trees are to remain,
so there is no impact.
5. a. Noise: An acoustical analysis for the project was prepared
by Paul S. Veneklasen and Associates. Noise generated by traffic
on Third street and fire engine sirens from the adjacent City Fire
Station were evaluated. The traffic noise can be reduced to
acceptable levels through the use of specified construction
materials. These include: operable dual glazed windows consisting
of 2 lites of l/8-inch glass separated by a 1/4-inch air space and
using a pile seal, solid wood core doors, and wall construction
consisting of 3/8-inch stucco over 1-inch styrofoam on a 2 x 4 wood
stud frame, studs located 16-inches on center with R-1l insulation
in the stud cavity, and a 5/8-inch gypsum board interior finish.
The noise from the fire engine sirens is inte~ittent, and based on
the construction for noise reduction, will measure about 61 to 62
decibels in the interior of certain rooms in the apartment complex.
These rooms include: Building A, floor plan 1, the living room:
BUilding A, floor plan 2, the bedroom; and Building B, floor plan
1, the bedroom. The noise generated from the sirens occurs
approximately 15 to 20 times per day. Based on the acoustical
analysis, the events could occur at a rate of 7 events per hour (84
Occurrences per day), and still maintain an interior Ldn of less
than 45 decibels, provided the required construction for mitigation
is used. With the construction specifications incorporated into
the project as a condition of approval which will appear on the
construction plans, the impact is reduced below a level of
,-
.
.
c. D%SCUSSZOH OJ' DIVDlOIlKBH'l'AL BVU.UAT%OH um JaT%GAT%OH IlBASUllBS
(COH'l'%HUBD)
siqnificance, and no further mitiqation is necessary. The
acoustical analysis is available for review at the Planninq and
Buildinq Services Department, 3rd floor, City Hall, 300 N. non St.,
San Bernardino, CA.
9. Transportation/Circulation: A traffic study was prepared by
KrUeper Enqineerinq and Associates, and reviewed by the City
Traffic Enqineer, who concurred with the results of the study. The
study indicates there will be no adverse impacts on traffic or
circulation if the project is built, and therefore, no.mitiqation
is necessary. The traffic study is available for review at the
Planninq and Buildinq Services Department, 3rd Floor, City Hall,
300 N. non Street, San Bernardino, CA.
. /~O b. Public Services: The project is located in an area of hiqh
V crime. The Police Department stated that the desiqn of the project
does not provide as much security as it could for the future
residents of the project. Senior projects which include some form
of controlled access are much more secure from crime than the
proposed 4-plexes will provide. The Police Department Crime
Prevention Division has stated that a sinqle buildinq surroundinq
a common open space courtyard would provide a much more secure
environment for future tenants of the project, and that such
redesign would most likely reduce the number of crime incidences,
thereby reducing the number of pOlice responses necessary. This
concern will be addressed at the Design Review stage of the
project, when the project will be redesiqned to provide the highest
level of security possible for the Senior Citizens who will live
there.
/~2~. Aesthetics:, The ,project, though located in a Commercial-
Off1ce land use des1qnat1on, consists of a proposal for 10, 4-plex
apartment buildings, which is very residential in nature, and not
compatible with the visual integrity of the Commercial-Office
designation, nor the surrounding and future development of the
area. This will be mitiqated during the Design Review process,
when the project will be redesigned to provide buildings of greater
scale, mass, and bulk more consistent with other construction
generally proposed for office and other permitted uses in the
Commercial-Office desiqnation.
13 a. CUltural Resources: The site is located within an area of
archeoloqical sensitivity as identified on the General Plan. The
project was routed to the San Bernardino County Museum for
evaluation. It was determined that the potential for cultural
resources at the site is 1:ow, and no further studies or mitigationiare required.
.
.
D. DETERMlNAnON
On the basis of thla Initial study,
O The proposed projlld COULD NOT haw a signfflcanteffed on the environment and a NEGATIVE DECLAFlA.
TION wUl be preplll'ed.
f)(f The proposed projee! could have a significant efflld on the environment, although there will not be a signfficant
~ efllld in this case because the milig.uon measures described above have been added to the proj8Cl. A
" NEGAnve DECLAFlATION wiD be prepared. -
o The proposed projlld MAY h_ a sign'icant efflld on the environment. and an ENVIRONMENTAL IMPACT
REPORT is required.
ENVIRONMENTAL REVIEW COMMITTEE
CITY OF SAN BERNARDINO. CAUFORNIA
~ 1.E~f:, Ass;~"""" '&R~~7J/L
Name arid TiUe '
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STEVE BAYLESS
173 East 4th Street
San Bernardino, CA 92410
December 8, 1992
City of San Bernardino
Planning & Building Services Dept.
300 N. 000 st.
San Bernardino, CA 92418
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RE: CUP 91 - 3 - SENIOR HOUSING APARTMENTS
CLIFF CAREL & ASSOCIATES
ENVIRONMENTAL ASSESSMENT I INITIAL STIlDY
Gentlemen:
The Federal Fair Housing Act describes the requirements and provisions that must be met
for housing to be exempted from the prohibitions against discrimination. The initial
study or environmental assessment only considered items of concern to the City and
didn't comment on the Federal requirements to determine whether or not the design,
services, and features qualify the project as a legitimate Senior Housing Project.
Enclosed is a copy of the decision of the United States District Coun for the Nonhern
District of Ohio, Western Division, in the case of Park Place Home Brokers vs, P-K
Mobile Home Park. The i1ecision contains a discussion of the requirements for the 55 or
older housing exemption under the Fair Housing Amendments Act of 1988.
Based upon a review of the case history, it appears that the Cliff Carel project, as
proposed, will not qualify for an exemption. It is noteworthy to mention that contrary
to the City General Plan, the Coun found that the ofl'site facilities and services ~
not ~ taken into consideration in determining whether significant facilities and
services have been provided in order to qualify as a Senior Housing Project.
Several City Depanments and the Planning Commission have taken the position that the
location of the proposed Senior Housing Project isn't snitable, is poorly designed, and,
most likely, will not be successful. Revised designs for the project still don't appear
to meet the requirements of the Federal Housing Act of 1988 which requires:
The housing facility must have significant facilities and services
specifically designed to meet the physical or social needs of older
persons ... (Subpan E - Housing for Older Persons, Subsection 100.304).
As a resident taxpayer, I must ask how the City can suppan a project using public funds
that appears to violate the Fair Housing Act and from information provided to date, will
not be successful? Approving, financing and building the project without benefit of
review and input from the Depanment of Housing and Urban Development as to whether or
not the project qualifies for an exemption is extremely unwise. It is additionally
unwise to reject the opinions of staff that the economic feasibiliry is questionable
without benefit of another independent professional review.
Exhibit "0"
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After considering the testimony at three public meetings and discussions between the
Mayor and Common Counc:il, staff, applicant, and public, it is evident that the project
is controversial and may bave a significant effect on the environment. The initial
study is inadequate and doesn't discuss or address the aforementioned concerns.
Considering the liability to the taxpayer, the financial arrangements and obligations
between the City and Cliff Card & Associates should be disclosed and evaluated in an
independent economiC/marketing feasibility study. This will reveal if public funds are
being used wisely.
The Ci ty should determine whether or not a focus EIR is required or is it merely
sufficient to address concerns in an expanded Initial Study. In either case, the
following items should be addressed and, as necessary. mitigation measures provided.
1. Does the design and project features meet the requirements of the Fair Housing
Act to q ualily for an exemption and, if not, can the City be liable for
panicipating in a project that may be questionable?
2. Economic and. marking feasibility of the project including financial arrangements
and obligations of the City and proponent and financial liability to the
taxpayers in the event of failure.
3. Methods and procedures required to monitor compliance and enforcement of
Conditions of Approval that will be placed on the project.
4. The practicality of evic:ling tenants and demolishing a portion of the complex if
a conversion to oflic:e use is required. Who will be responsible for funding the
conversion?
Your serious consideration of my request to evaluate the foregoing items of concern will
be sincerely appreciated.
Sincerely,
Steve Bayless
bg
cc: City Attorney
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Monday
January .23, 1989
Part III
Department of
Housing and Urban
Development
Office of the Secretary
Office of the Assistant
Secretary for Fair Housing
and Equal Opportunity
24 CFR Part 14 et aL
Implementation of the Fair Housing
Amendments Act of 1988; Final Rule
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3290 Feder8l RlIIiater I VoL 54. No. 13 I Monday. January 23. 11188 I Rules and Regulations
III An aec;ellible roule inlo and paragraph (I) or (gl ol this sectiaa.,..
through the eoveml dweUingllDit: not conclusive in enlorcemenl
(ii) Lighl switches. electrical outlets. proceedings under the Fair Housing
thermostats. and ather environmental Amendments Act.
control. in aec;essible localions: II) Thi. subpart does not invaUdsle or
(liil Reinlorc;ements in b.throom walls Iimil any law of a Slale or political
10 allow laler inslallation ol grab bars subdivision ol a Slate thaI requires
around the loilet. tub. shower. stall and dwelUngs 10 be designed and
shower seat. where such laciUlia are construeled in a manner thaI affords
provided: and handicapped persons grealer acceu
(iv) U.ablekilchen. and bathrooms than ia required by this subpar\.
such thaI an individual in a whee1chair :1
can maneuver aboul the space. CSllllpart E-Houalng for Old"'~
(d) The application ol paragrapb (el ol 11l1O.3OC1 I'urpcnii:
lilia seCtion may be.ilIusirated by the The purpose ol this subpart ia 10
lollOWlng examples: ellectuale the exemption in the Fair
Exompl.II/: ^ d_IGpOl' PWls III Housing Amendments Act olI988 thaI
con._ a 1110 Ull/I candomini_.ps_ont relale. to housing lor alder P..........
budcUn. With on. elevltor. In. Iccardanc.
wilb para....pb (.1. tho buildioJ bas ..1....
ane ICC8"lble raut. I..d.i:nc to an IClCUIible
entrance. All 100 uaill I,. cavered
1Il.IIiI.mily dwaUins uni.. and they olJ lIlust
he dOlill1ad .nd -""Clad 10 that they
comply with tha .ccauibiJIly nq_.. 01
P1ralrllph (et of thi. MCtion.
Exompk IZ/: ^ d_Io_ plans III
conatruct JO,lrden apartllleall ill. three
.,ory buildi.... Th. buildin. will not ha.. au
elevatar. n. bui1dint will hne ODe
acce.libl. entrance which wiD be on the fUll
Ooor. Since the buiJdiq does not ha.. ...
elev..ar. only the "around floor"" units a,.
covered multil.mily uniIL The "I"DUIICI n_"
i. the fat floor becallM tbl. i. the Ooar tn.,
bal an accnlibl. entnllCL AU of the
dweUin. IIIliII OIl the fin:1 noor mat..... !be
aCCOlSibillly nquiramen.. 01 p.ra...... lei 01
thq HCticm aad DlUI haft acceu 10 .11....
one of e.ch Iype of pubJic or CiDIIUIIOD aM
..... aVllilabJ. for reaiden.. ill. the buiIdiq.
(el Compliance with the .pproprial.
requiremenl. ol ANSI A117.1-198lI
.uili... 10 sati.fy the requirements al
paragraph (eli3) ol thil .ection.
(f) Compliance with a duly enacted
law ol a Slale or unil ol general local
gavemm""t thaI includes the
requirements ol paragraphs (a) and (c)
01 Ibi. .ection salisfiu th. raquirem""..
olparagraphs (al and (e) c: this secti_
lI)(I)1t iI the policy al MUD 10
lII1COuraga Slates and units ol general
local gDVemntentlo include. in their
exilllna PrDctIdures lor tho review and
approval ol newly constructed covered
multilamily dwelUnp. delerminsliona ..
10 whether the dUign and CDnalruction
ol .uch dwellings are COnsialen. with
paragraphs (a) and Ie) ol this section.
(Z) A Slale or unit ol generellocal
gnvemmenl may review and a""","
n.wly construcled mullilamily dweJJinp
lor the purpo.. ol making
delerminalions a. 10 wh.ther the
requirements ol paragraphs (al and (c)
ol this ....Ion are met.
(h) Delerminalions ol compliance or
noncompliance by a Slale or a unil al
general locel govarnmenl UDder
'1G0.301 h.L..."'....
(al The provisions reglrding lamilial
slatus in this part do nol apply to
housing which salisfiu the requirements
ol If loo.30Z. 100.3113 or IIIlO.3CM.
(b) Nothing In this part limits the
appUcability ol any reasonabla Ioc:aJ.
Slale. or Federal I'III1iCtions regarding
the maximum number ol occupaats
permilted 10 occupy. dwelling.
'll11Ul1Z _ _ '-""""
houamg prag._-
The provi.ions regarding lamilial
slatu. in lhi. part shall nol apply 10
housing provided under any Federal or
Stale program thaI tho Secretary
determine. iI .pecifically duigned and
operaled to allial elderly P.......... ..
defined in tho State or FederaJ program.
I 1_ 12 at _.........
(al The provi.ions ....arding lamiliaI
slatus in this part shaU no' apply to
housing intended lor. and solely
occupied by. persons IIZ years al ago or
alder. Housing salisfi.. the
requirements ol this section even
though:
(I) There are persons residing in.uch
hausing on Seplemher 13. 1l1li who are
under IIZ years ol ago. provided that all
new occupants are pereans IIZ years al
age or alder:
(Z) n.ere are unoccupied units.
provided thaI .uch units are ..... ..d lor
occupancy by persons IIZ y.ars 01 ago or
aver:
(31 There are units occupied by
employ... ol the housing land lamily
members re.iding in the .ame IlDiII who
are under IIZ yeers ol ago provided \bey
perform .ubllanlial duliel directJr
relaled 10 the managemenl or
mainlenance ol the hausing.
(b) The lollowi... exemplu ill_Ie
the applicalion ol paragraph (al 01 this
aection:
Ex"mpl. (1/: lohn .nd M.ry .pply I..
haulnl .llhe VIII. Hei..... .,.ruuat
ccnnpJex wnich i. an elderly nou.ins complex
operellld for pencms IZ yean of Ip or older.
John i. az y.an of ap. Mary i. 59 yean of
ap. II Villa Heighl. wi.hes 10 relain it. '"8Z
or over" exempiion it mUll refUle ro rent ID
John Ind Mary becaUle Mary is under IZ
yean of ale. However. Jf Vi... Hejlnt. does
rmt 10 John ami Mary. JI mipt qualify for the
"55or......"""""'Plionill'll1lL306.
Ex"mpJ. (Z/: Tho Blueberry Hill ra.lremenl
COllllllwUty bu lau dweUin. umtt. On
Seplember 13. 1-' 15 wUlI were ncanl and
35 Ullira weN occupiad with It JUlt one
patIOn who is under 1IZ yoars 01.... Tho
ramaininsllO Ull/ts ware Occupied by potIOns
who WIIft en U yon of... or oJder.
Blu.berry HiD can qUlnfy lor tb. "lIZ or aver"
Ul'lllption u lon,.1 ell ... thai weN
_iad .I'er ~bar 13. 11ll11.",
_ied by ___ who......ez y..n 01
... or older. Th. ponpI. under 12 in the 3S
unit. previously dascribad nsad nol be
nquirad '0 I.... lor B1.oberry HiD III qUlllfy
Iortha "lIZoravar" _,i_
I Il1lUCM II at _........
(a) The provWons reprding l.milial
.latus shaJJ nol apply to housing
inlended and operaled lor occupancy by
alle..1 one person II ye.rs ol 1ge or
alder per 1lDit. PrtwidtJd Th"t the
housingsali.fies the requirements ol
I IOll.304 (b)(I) or (b)(ZI "nd the
requirements ol IIIlO.3CM(e).
(b)(I) The hausing lacility has
.ignificanl laciUliao and services
specificaUy daoigned 10 meet Ihe
physical or sac:ial needa ol alder
............ "Significanl laciUlies and
services specif1ca1ly designed to meel
the physical or social needs ol oldor
peraons" include. bullllO nOllimited 10.
sacia.I and recreational programs.
continuing educalion. information and
CllWlaeling. recreational homemaker.
outside maintenance and relerral
servi.... an accesaible physical
eDYironm:ent. emerpncy nd preventiw
health care al programa. congregate
dining lacilllies. transportalion to
laciUlal. aCCHa to social servicaa. and
servicaa de.igned 10 encourage and
aKiaI residents 10 _ .he servicaa and
lacilities available 10 tham (th. housing
laciUty noed not haw all ol thue
laa_ 10 quaUfy lor the exemplion
under Ibi. .ubparagraph): or
(Z)II i. nol practicable '0 proVide
ligni!icanl facilitiu and servicaa
tIaoigned 10 meel the physical or social
naads 01 alder persons l1IId tho housing
laciUty iI n_ry 10 provide
importanl housing opportunilie. lor
olcler persons. In order 10 sali.ly this
paragraph (b)(Z) ol thil seclion the
owner or manager al tha housing ladlily
musl demonsirale thraugh erodible and
objec\iye evidence thallh. provi.ion 01
ligni!icenl lacilili.. and .erviee.
daoigned to meet tha phy.icel or .ocial
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Federal Register ,154. No. 13 , Monday, Jenuery %3. 1889 , Rules and Regulations.
needs of older persons would reswtln
depriving older persons In the relevant
s80sraphic area of needed and desired
housins. The followlnS factors. amons
others. are relevant in meetins the
requirements of this parasraph (b](2) of
this .ectian-
(i) Whether the owner or manaser of
the housins facility has endeavored to
Jll'DYide sisnificant facilities and
services desiped to meet the physical
or social needs of older persons either
. by the owner or by some other entity.
Demonstratins that such lel'Yicel and
facilities are expensive to provide is not
alone luflicient to demonstrate that the
proviSion of such lervices is not
practicable.
(Ii) The amount of renl charsed. if the
dwelJinss are rented. or the price of the
dwellinss. if they are offered for sale.
(iii) The income ranse of the relidenll
of the housins facility.
(iv) The demand for bousins for older
persons in the relevantseollflphic area.
(v) The ranse of bouslnS choices for
alder persoos Within the relevsnt
S80llfIphic area.
(vi) ';"he availability of other similarly
priced housins for older persons in the
relevant seDllf8phic area. If similarly
priced houslns for older persons With
lipificant facilities and .ervices is
realonably available in the relevant
S808f8phic area then the bousins facility
doel not meet the requirements of this
paragraph (b)(2) of this lection.
lviiJ The vacancy rate of the housins
facility. .
le)ll) At least ~ of the unill in the
bouains facility are occupied by at leBat
one person 55 years of ase or older per
anit except that a newly coDltructed
bouains facility for first occupancy after
March U. 1_ need nol comply With
this para....ph (c)(l) of this aection until
25" of the unill in the facility are
occupied: and
12) The owner or maneser of a bousins
facility publishes and adheres to
policiea and procedurea which
demonstrate an intent by the owner or
_aser to provide housins for persons
55 years of ase or older. The folloWins
factors. amons others. are relevant in
daterminins whether the owner or
I118118pr of a bODlins facility baa
CDlDplied With the raquiremenll of this
paragraph (c](2) of thia section:
(i) The manner in which the bousins
facility is descrihed 10 prolpective
reaidenll.
(Ii) The nal1lre of any adverliains
dalisned to allract proapective
reaidenta.
(Iii] Ase verif"lCIIlion proceduraL
(Iv) Lease JIl'OYisions.
(v) Written rules and resuJatioDL
(vi) Actual pnctices of the owner or.
manaser in eoforcins relevant lease
provilionl and relevant rule. or
resolalions.
(d) Houains aalislies the raquirementa
of this seclion even thoUSh:
(1) On Septemher13. 1988. under ~
of the occupied unita in the bODlins
facility are occupied by at leul one
person 55 years of ase or older per unit
provided that all..st _ of the unita
thaI are occupied by new OCClIJl8nta
after September 13. 1988 are occupied by
atlealt one penon 55 years of ... or
alder.
(2) There are unoccupied anita.
provided that all. Bat_ of ouch unUs
are relerved for occupancy by atla.at
one person 55 years of ase or aver.
(3J There are unita DCl:lIpied by
employeea of the bODlIns (and family
members residins in the aame unill who
are under 55 years of ase provided they
perform aubstanlial duties directly
related 10 the IIWIqelllellt or
maintenance of the bOUliJlS.
Ie) The application of this _on may
be ilIustratad by the follawins eaamples:
Example:: A. laIm end Ma". ~ rw
ho..iJlI., the VIIIoy He;PII ._,
complex which ila laD aait houiat c:oIIIp1a
thaI is operated lorponoos 55,.... of... or
aJder in accordaac:e With. all die ........:. II
01 this __em. 'aim is 16 YO'" of..../oWy
is 10 yo.n 01.... liFt}' (101 DDiIl....
occupied by at ..... ODe penon wiIo il5S
yaan 01 .,. or older. Eiah_ (1" DDiIl an
_ied .xcillliwely by _........
_ar IS. """"" ilia DDiIl -.qIiad by_
_II altar Sop ....13.18....18
DDiIl ....pied _yby_.....
an _ 55. TwolZI DDiIl... --. AI tho
- laIm IIId /oWy _Iy lor ~ VolJay
H.II quJifln lor ilia "SS or_"
_- haca.._ ollila oc=piad DDiIl
(101.' a. VaBsy HaiPII... -.qIiad by a.
Isu. ... _ 55,..,. old or_. Irl.....
aad Nary are accepted for-Plal:1.1bea
11 au, of ilia. CICl:lIpied DDiIl ,_, will..
-.pied by .,lust... _..... io55
,..,. of ... or oldar BOd v.u.,. Heipts will
-- '0 quaBfy lor the "SS or_"
uemptiaa. .
B. Ir ooIy" aut of ilia. oc=piad _ .
had .... DCClIpied by a........ _ 55
,..,. of... or older. VIIIoy HaipIIww/d
attIl qualify lor ilia __ ....__
_. to 'aim or Mal)' ilthay.... both_
55 wi_. ....1IIa.......-
EztunpJe:z: c-..._. .1.II1II_
ntirwmmt --...., Uaat..........
lipj/icaat lacilltin BOd _ I '._fIy
dasipad to ",..,ilia physical or_...
of oIdar_ Oa Sop" bar 13._
c- Mudow pohJiahad aad IhII8aftar
acIItend to PDIida ... pr~ . IM_
damooallaliq III _ to......de hoosiar
for _ 55 yo... of aIB or older. Oa
Sapt_bar 13. _1111 DDits...._
aod 3lIO lIIIill __ ocoopied DDIy by paapIe
wilo.... _ 55,.... old. r . '\y.
on SaptIDlher13. 1_ tI7S of the eo-
Mud_'. DCClIpied... .a_ oflODJ
3ZlI1
-.re occupied by at at Ju.1 one perlon 55
y.... of.,e or older. Und.r p.nlfOph Idll11
of this .ection. Creen Meadow quanti.. for
the "55 or over'. exemption even tho.. on
September 13. 1818, under 8mIi of the
OCCUpied unill in the houlin, facUlty were
occupied by et lealt one penon 55 yean of
a,e or oJder per unit. provided UulI at I.all
acm of Ihe unitl thet were occupied after
September 13. 1118 an occupied by at 1..11
one penon 55 yun of aae or older. Und.r
PUllfOph (d) of this __em. C.... Me.dow
qua1ili.1 for the "'S5 or OYer" exemption. even
\housh it has _pied units. provid.d that
.t leullO$ of ill unoccupied IIIlitl are
_,,",ed for OCCIIpancy hy .,Iaas, ...
penon 55 years of .,. or over.
ExQmpJ~ 3: Walerfronl Cardenl ila 200
uoit hou.ins f.dlily '0 he COOIlnIoled .It...
March 12. 1119. The DWOer .nd .......r 01
Waterfront Gardens int.neb to .,.1. the
- l.ciIi.y In .ccordaoce with the
requirementl of thiI HCtion. Waterfnmt
Cardenl need nol comply with the
nquiretnOlll1n panlfOph (cI11) 01 !hi.MCli..
thaI.' I.... _ of the occupied unill he
occupied by at J.ell one penon 53 yean of
ace or oJd.r,per unit until SO llllill (25'5) are
OCCUpied. When the 50th &mil i. occupied.
then *'" of the 50 OCCUpild anill Ii.... 40
UDitl) IIUIII be occupied by at 1..11 OIle
penon who ia 55 yean of ..e or older for
Walerfrant Cardeu to quaJify for the "'55 or
DYft" exemption.
SuIlpart F-1ntert_. Coen:Ian or
i_ldallan
f 100..00 ProhIbited 1lI~t.. "r..~
CO"....4vn or InUmkSation.
(a' This aubpart provides the
DePUlment'a interpretation of the
conduct that is unlawful under Hction
lI1lI of the Fair Housins Act.
(hI It &hall he unlawful tD coerce.
Intimidate. threaten. or interfere with
any penon in the exercise or enjoyment
of. or on account of that pmon baving
eun:ised or enjoyed. or on aCCOlDlt of
that person baYins .ided or encourqecl
any other penon in the exercise or
. enjoyment of. any rishtlfllDted or
protected by this part.
(c) Conduct made unlawful under thia
Hction inciud.s. but is DO' limited to.
the foUowins:
(1) Coercins a persoD. eith.r oraUy. in
Wri\ins. Dr by ather meBDL to deny or
limit the benelita provided that person
in connection With the sale or rental of a
d-Ilins or in connection With a
reaidenlial real atate-re1ated
\ranaaction because of rece. color.
ralision. laX, bandicap. famiIiaJ ltal1ll.
Dr national 0riJin.
(2) TbreateniJIS. inlimidalins or
Interferins With persons in their
anjaymant of a dwellins becaule of the
race. color. relision. .... banclicap.
familial lIal1ll. or nalional orisin ofaueb
penaDa. or of Yiaiton or anodat.. of
auch persona.
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773 FEDERAL SUPPLEMENT
judgment is granted in part
'ed in part. In aceordance with
, n, this Court orders TR W to
its p to provide for the c:a.I
lamp s distributions from J
1985 to ber 22, 1986 in th
sball be c:a.lc:ulated
t rate that is one
percent (120%) of
oct at the time the
for lump sum
,000 (using the
IT IS SO ORDERED.
. ,
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o I unUMIlUYSrIM
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PARX PLAcE HOME BROKEBS, ,', :
et aI.. Plaintiff..
1'. '
p-It MOBILE HOME PARX. '"
ft aI.. Defendants.
Q1'. No. 3;89CV7609. "
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UDited States District Court,
N.D. Ohio, W.D.'
July 24, 1991.
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On variety of motions in consolidated
cause cbaDenging unlawful discrimination
apiDst fw...m_' with ebildren at mobile
home park, the District Court, JobD W.
Potter, J~ held that: (1) park did not ~
Yide faeilities and ser1'ic:es specific:a.lly de-
signed to meet physical or social needs of
older persons, so as to support claimed
exemption from Fair lIonsing Act's proluoi-
tion against fam.i1ia1 status disc::imination;
(2) defendants failed to establish that it
was not practicable to proYide such facili-
ties and servi..., so as to support claimed
exemption; (3) Department of Housing and
Urban Development (liUD) regulations im-
plementing congressioaal exception to Fair
Housing Act's prohibition against familial
status disc::imination in ease of housing for
older people were not arbitrary, capricious
or contrary to statute; and (4) Fair Hous-
ing Act proYisions in question did not Yio-
late defendants' right to equal protection.
Ordered aeeonliDgly.
1. CiYil Rirhts C=24O(3)
Mobile home park bore burden of ea-
, " tablisbing that it qua1ified as housing for
older persons exempt from Fair Housing
Act's proluoition against fam.i1ia1 status dis-
crimination. Ci1'il Bights Act of 1968,
f 807(b)(2), as ameaded, 42 U.s.C.A.
f 3607(b)(2).
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2. Chil Rirhts -131 ,.'
Facl1ities and serril:es pro1'ided at ,mo-
hUe home park did DOt meet cangresaioaal
and regulatory d..nft;tinn of "signi:fieant fa-
c:iIities and ser1'iees ~...l\y designed to
meet the physic:a.l or soeial Deeds of older
persons," so as to exempt park from Fair
Housing Act's prohioilion against 1....m.1
statns disc::imination; park owners and op-
erators could at most eIaim to have provid-
ed faeilities and serril:es which any land-
lord expecting to please his or her tenants
would proYide and iDformation regarding
fac:i1ities and servieas ill whic:h elderly citi-
zens might be interested. Ci1'i1 Rights Act
of 1968, f 807(b)(2)(C)(i), as amended, 42
U.s.C.A. f 3607(bX2)(C)(i).
"
..:' ..
3. CI1'il Rirhts _131
Off..ite facilities and seriieeS could
Dot be considered in determining whether
mobile home parle prorided "significant fa-
c:ilities and sem..." lp8cificaDy designed
to meet physic:al or soeial needs of older
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PARK PLACE HOME BROKERS v. P-K MOBILE HOME PARK
ClCe.. m F.5upp. ... (NJ).Ohlo 1991)
persons, so as to exempt park from Fair 7. Statutes C=219(61
housing Act's prohibition against familial In considering constitutional cbaI1enge
status discrimination; there was no evi. to Department of Housing and Urban De-
dence that location of park was cbosen with velopment '(BUD) regulations under Fair
eye to providing low cost housing to elderly Housing Act, court had to give considera-
people but rather, location appeared merely ble deference to BUD's construction of Act
fortuitous. Civil Rights Act of 1968, and also had to give deference to BUD's
t 807(bX2)(C)(i), as amended, 42 U.s.C.A. interpretation of Act. Civil Rights Act of
t 3607(b)(2)(C)(i). 1968, t 801 et seq., as amended, 42
See publication Words and Phrases U.s.C.A. ~ 3601 et seq.
for olher judicial constructions and
definitions. 8. Civil Rights "'131
Department of Housing and Urban De-
velopment (BUD) regulations implementing
'congressional e:,ception to Fair Housing
Act's prolubition against f.mm.t status dis.
crimination in case of housing for older
people were not arbitrary, capricious or
contrary to statute. Civil Rights Act of
1968, ~ 807(b)(2), as amended, 42 U.s.C.A.
t 3607(b)(2).
4. Civil Rights -242(4)
Mobile home park failed to establish
that it was not practicable to provide signif.
icant facilities and services to meet needs
of older persons. so as to support claimed
"-'Cemption from Fair Housing Act's prohibi-
tion against familial status discrimination;
evidence offered supported, at best, argu.
ment that it would be "-'<Pensive to provide
facilities and services required by Act.
Civil Rights Act of 1968, ~ 807(b)(2)(C)(i),
as amended, 42 U.s.C.A. t 3607(b)(2)(C)(i).
5. Evidence _536
Mobile home park owner's experience
as handyman did not qualify his opinion
regarding cost of construction of communi.
ty building as credible and objective evi-
dence to support claim that it was not
practicable to provide significant facilities
and services to meet needs of older persons
for purposes of exemption from Fair Hous.
ing Act's prohibition against familial status
discrimination. Civil Rights Act of 1968,
f 807(bX2XC)(i), as amended, 42 U.s.C.A.
f 3607(b)(2)(C)(i).
6. Civil Rights "'131
Question of whether housing is neces-
sary to provide important housing opportu.
nities for older persons, so as to exempt
housing facility from Fair Housing Act's
prohibition against "'mm.t status discrimi-
nation, only comes into play if it has been
shown that provision of significant faci1i-
ties and services for needs of older persons
is not practicable. Civil Rights Act of
1968, f 807(bX2XC)(i), as amended, 42
U.s.C.A. f 3607(bX2)(C)(i).
9. Civil Rights "'103
Constitutional Law "'253.2(3)
Fair Housing Act section prohibiting
housing discrimination on basis of familial
'. status, but providing exception in case of
housing for older people, is not unconstitu-
tionally vague so as to vinlate due proceSs:.
Civil Rights Act of 1968, if 802(k),
807(b)(2), as amended, 42 U.s.C.A.
if 3602(k), 3607(bX2); U.s.C.A. Const;;,
Amend. 5."
10. Civil Rights "'103
Constitutional Law ...228.%
Fair Housing Act section prohibiting
housing discrimination. on basis of familial'
status, but providing uception in case' of
housing for older people, did not 'Violate
mobile home park owners' right to equia!
protection. Civil Rights Act of 1968,
ft 802(k), 807(bX2), as amend..u.' 42
U.s.C.A. if 3602(k), 3607(b)(2); U.s.C.A.
Const..Amend. 14.
11. Civil Rights "'131
Mobile home park whicb bad been moT:
ing stesdily over period of years lilwa:Q
elderly community would not be foond eX-
empt from Fair Housing Act's prohibition
against f.mm.t status discrimination.on
ground that it should be uJraDdfa~
47
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773 FEDERAL SUPPLEME..'lT
in." Civil Rights Act of 1968, ~ 802(k), as
amended. 42 U.s.C.A. ~ 3602(k).
Stephen Dane, Toledo, Ohio, for plain-
tiffs.
Joan Szuberla, Toledo, Ohio, for defen-
dants.
MDI0RANDUM AND ORDER
JOHN W. POTTER, District Judge.
This consolidated cause is before the
Court on the motion for partial summary
judgment of plaintiff Park Place Home
Brokers, Russell Wainer, and Toledo Fair
Housing Center (collectively the Fair Hous-
ing plaintiffs), plaintiff United States of
America's motion for partial summary
judgment, defendants' motion for summary
judgment, the Fair Housing plaintiffs' op-
position to defendants' motion, the United
States' opposition to defendants' motion,
defendants' opposition to the motions of all
plaintiffs, and defendants' reply to plain.
tiffs' oppositions to defendants' motion.
Plaintiff Park Place Home Brokers (park
Place) is a manufactured housing broker.
Park Place earns a comm;";on by bringing
together buyers and sellers of mobile
~m~. ParkPlaceiso~edand~~
by plaintiff Russell S. Wainer. On a num-
ber of oc:casions after March 12, 1989,1
Park Place c:Iaims that it attempted to ar-
range for the sale of mobile homes 10cated
in P-K Mobile Home Park to families with
ehildren. Park Place further c:1aims that it
was prohibited from doing so because P-K
upressed a policy of Dot sn",itti~g f!ll",iU..
with ehildren into the park. Toledo Fair
Housing Center is a pnblic serviee ageney.
Its general purpose is to promote fair bous-
ing throughout the Toledo area. Due to
the no ehildren poliey of the defeodants'
mobile home parks, the Fair Housing Cen-
ter c:1aims to ~ve had its institutional in-
terests impaired. See H_ IUa.lty
Corp. 11. Coltrm,,1l, 455 U.s. 363, 378-79,
102 S.Ct. 1114, 1124-25, 71 LEd.2d 214
(1982) (plaintiff's institutioDal interests al-
leged such a personal stake in the outcome
1. 'IbouIh the 191Iam.adm....1O the FalrU.....
IDe Aa _ siIJUlli lDIo law OD ScpIcmbcr 13.
of the controversy as to warnnt his invoca-
tion of federal-eourt jurisdiction).
The United States is the other plaintiff in
this lawsuit. The United States daims
that, sometime around March 10, 1989, Car-
olyn Gray purchased a mobile home on lot
89 in P-K Mobile Home Park from defen-
dant Larry Ward. It further claims that
after Mr. WanI became aware that Ms.
Gray had her son Danie~ who is under the
age of eighteen, living with her and that
upon confirming that Ms. Gray was not
going to send Daniel elsewhere. defendants
sent Ms. Gray a notice dated Juiy 28, 1989
stating that her lease would terminate on
August 31, 1989 unless she complied with
park rules prohibiting residence by c:hil-
dren. The United Stales ohtained a re-
straining order prohibiting defendana
from making good on their intention to
evict .Ms. Gray. After Ms. Gny com-
plained of defendants' actions, the Secre-
tary of HUn investigated the incident and
charged defendants with diserimination.'
BUD's ariml."i~trative authority can- be
found at 42 U.s.C. f 3610(g)(2)(A). Puzsu-
ant to 42 U.s.C. f 3612(a), defendants
elected to have this charge heard in federal
court. Therefore, the' United States
brought Count I of the complaint on behalf
of Ms. Gray. Puzsuant to its authority
under 42 U.s.C. f 3614(a), the United
States brought Count n of the complaint
alleging that defendants are engaged in a
pattern or practice of diserimination on the
basis of f!ltnililll status.
Defendants in this action are the P-K
Mobile Home Park, the Moonlight Mobile
Home Parks, Inc:., and the o~ers of the
corporation and lDobile home parks in-
volved here, Luella and Larry Ward. 'The
Wards, through their corporation, Moon-
light Mobile Home Parks, Inc:., own and
operate three mobile home parks. Aside
from defendant P-K Mobile Home Park,
the Wards also o~ and operate Moonlight
Mobile Home Park and O.x. Mobile HOlDe
Park. Although Moonlight Park and O.K.
Park are not defendants in these consol-
idated cas~, they are involved because of
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1988. the ameadmCDt hcc=une effective oa
March 12, 1989.
- -
PARK PLACE HOME BROKERS Y. P-K MOBILE HOME PARK
CIte.. m F.s.q,p. 46 (N.D,Otdo 1991)
their affiliation with Moonlight Mobile Iii) that at least 80 percent of the
Home Parks, Inc. and the Wards. PIain- units are aceupied by at least one per-
tiffs accuse the defendants of violating the son 55 years of age or older per unit;
'Fair Housing Act, 42 US.C. ~ 3601 It aq. and
In 1988, the Fair Housing Act was (iii) the publication of, and adher-
amended to prohibit housing dis~m;nsn.,n ence to, policies and procedures which
on the basis of familia~ status. Congress demonsttate an intent by the owner or
defined the tenn familIal status to mean: manager to provide housing for per-
one or more individuals (who have not sons 55 years of age or older.
attained the age of 18 years) being domi-
ciled with-
(1) a parent or another person having
legal custody of such individual or indi-
viduals; or
(2) the designee of such parent or otber
person having such custody, with the
written permission of such parent or otb- (1] Defendants admit that they discrim-
er person. inate against families with children at each
42 US.C. ~ 3602(k). As an .."Cceptian to its of the mobile home parks. Defendants'
broad sweeping declaration that housing Memorandum In Support of Their Motion
providers may no longer disc:iminate for Summary Judgment at 1. However,
against people based on the presence of defendants claim to be exempt from the
children in their home, Congress recog- famiIiaJ status provision of the Act becliuse
nized the needs and desires of older c:iti- they claim to provide housing for older
zens. In this light, Congress held that the persons as that term was denned above in
prolnbitian against familial status discrimi- 42 US.C. ~ 3607(b)(2). Defendants claim
nation does not apply to "housing for older '. that the three mobile home parks have
people:' 42 US.C. ~ 3607(b)(1). Housing been moving gradually toward providing a
for older persons means housing- " place for older persons of modest income to
(A) provided under any State or Fedei-aJ live without the disttactians which families
program that the Secretary [of Housing with children might provide. Defendants
and Urban Development] determines is bear the burden of establishing that they
speci:ficaily designed and operated to as- qualify as exempt housing for older per-
sist elderly persons (as defined in the sons under the Act. United States "-
State or Federal program); or Keel<, No. C89-1664C, slip op. at, 9
(B) intended for and solely occupied by (W .D. Wash. Nov. 15, 1990); LAnier. ...
persons 62 ye~ of age or older; 0; Fai7field Cammunitios, [nCo, 7'16 F .supp..
(C) intended and operated for oceupancy 1533 <?LD.F!a.1990); Se.crrtary of HUD "-
by at least one person 55 years of age or Murpny, FSIr Haus. FSIr Lend. '25,002 at
older per unit. In determining wbether 25,0<< (July 13, 1990) (an opinion from a:
. housing qualifies as housing for older HUn Administrative Law Judge). . .
persons under this subsection, the Secre- Defendants claim the 55 or older t!D!IIIp-
tary shall develop reg'.1Iations which re- tion provided by 42 U.S.C. ~ 3607(b)(2)(C).:
quire at least the faDowing factors: There appears to be no dispute that defen-
Ii) the existence of significant faciIi- dants satisfy the requirement in 42 U.s.C.
ties and services spec:ificaily desigDed f 3607(b){2){C)(ii) that at least eighty per'
to meet the physical or social needs of cent of the units in the parks be oecupied
older persons, or if the provision of by at least one person 55 years of age or
such facilities and services is not prac- older per unit. Though there is some dis.
licahle, that such housing is necessary pute as to whether defendants have met
to provide important housing opportu- the requirement in 42 U.s.e.
Dities for older persons; and f 3607(b)(2)(C)(iii). the publication require-
42 U.S.C. ~ 3607(b)(2). The Department of
Housing and Urban Deveiopmellt (HUD)
has issued regulations at 24 C.F Jl U 100.-
300, 100.304 to flesh-out the conditions un-
der which entities may claim the "housing
. for older persons" exemption.
49
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713 FEDERAL SUPPLEME."IT
ment, the difficult issue in this case tarns
on the determination of ..hether defen-
dants have met their hurden of demonstrat-
ing their compliance with the requirements
in 42 U.s.C. f 3607(b)(2)(C)(i). The issue
arises for the Court in the context of eross-
motions for summary judgment, and the
parties claim that the issue is one far the
Court to decide. None of the parties claim
the e.'tistence of a genuine issue of materia1
fact. Indeed, the parties have agreed upon
most of the "facts" in this case. There-
fore, the Court will resolve the issue pursu-
ant to the following standard.
Under the Federal Rules of Civil ~
cedure, summary judgment is proper
only ..here there is no genuine issue of
material fact and the moving party is
entitled to judgment as a matter of law.
Fed.R.Civ.P. 56(c). The Supreme Court:
has recently stated that the inquiry" is
"whether the evidence presents a suffi-
cient disagreement to require submission
to a jury or ..hether it is so one-sided
that one party must prevail as a matter
of Ia..... And"",,", 1/. Liberty Lobbv.
Inc., '.71 U.s. 242, 106 S.Ct. 2505; 2512.
91 L.Ed.2d 202 (1986).... In reviewing
a motion for summary judgment,' how-
ever, all inferences .. 'must he viewed in
the light most favorable to the party,
opposing the motion.'" S... Maau/lita
Elec. Ind7U. Co. 1/. Zenith. Rtulio Cary.,
475 U.s. 574, 106 S.Ct. 1348, 135&-0""1. 89
L.Ed.2d 538 (1986) (quoting lJrrited
StAtes 1/. Diebold, Inc., 369 U.s. 654, 65lj
82 S.Ct. 993, 994, 8 L.Ed.2d 176 (1962)).
Ralph Shroder, Inc. 1/. DiA'IM'IUi. 11Itm.a-
t:itmal Co-rp~ 833 F.2d 1210, 1213 (6th Or.
1987).
The party moving for sUllUDlll1 judg-
ment "always hears the initial respcmsibi1i-
ty of informing the district court of the
basis for its motion, and identifying th088
portions of 'the pleadings, depositioas, aIi-
_ers to intenogatories, and .dm;.,.v.ns on
file, together with the affidavits if any'
which [hel believes demoastrate the ab-
sence of a puuine issue of material fact."
CelDtez Carp. t!. Catrett, 471 U.s. 317, 323,
lOG S.Ct. 254ll, 2552, 91 LEd 9n 265 (1986).
The substantive law of the case identifies
which facts are material. Anders01l t!.
Liberty Lobby, Inc., 471 U.s. 242. 248, 106
S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986).
Therefore, only disputes of facts affecting
the outcome of the suit under the applica-
ble suhstantive law will preclude the entry
of summary judgment. Id. A moving par-
ty may discharge its burden ''by 'show-
iDg'-that is, pointing out to the district
coart-that there is an absence of evidence
to support the nonmoving party's case."
CdDte:&. 471 U.s. at 32<h125, 106 S.Ct. at
2553-2554. Where the moving party bas
met its initial hurden, the adverse partY
"must set forth specific facts showing that
there is a genuine issue for triaL"
Andono,," 471 U.S. at 250, lOG S.Ct. at
251,1. "[P]Iaintiff, to survive the defen-
dint's motion, need only present evidence
from ..hich a fury might return a verdict in
his favor:' . Id. at 257, 106 S.Ct. at 2514.
M mentioned ahove, the Secretary of
BUD implemented Congress' directive-in
42 U.s.C. f 3607(b)(2)(C) by issuing regula-
tions at 24 C.F.R. f 100.304. . '
(a) The provisious regarding f.~m. ,
status shall not apply to housing intend-
ed and operated for occupancy by at
least one person 55 yesrs of age or older
per unit, Pro1Iided 77lat the housing sat-
isfies the requirements of 100.304(b)(1)
or (b)(2) and the requirements of f 100.-
304(c).
(b)(1) The housing !acility has signifi-
cant facilities and services specifically d...
signed to meet the physical or social
needs of older persons. "Significant fa-
cilities and services specifically designed
to meet the physical or social needs of
. o1der persons" include, but are not limit-
ed to, social and recreational programs,
continuing education, information and
couasmg, recreational, homemaker, ,
outside maintenance and referral servie- I
es, an aceessihle physical environment, "
emergency and preventive health care of I,
programs, congregate dining facilities,
transportation to !acilitste access to s0-
cial services, and services designed to
encourage and assist residents to use the
services and facilities avaiIable to them
(the housing facility need not have all of
\
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PARK PLACE HOME BROKERS v. P-K MOBILE HOME PARK 51
cu_.. m F.s.pp. ... (NoD.Ohio I"'H
(viIl The vac:1ney rate of the housing
facility.
24 C.F.R. ~ 100.304(a), (b).
these features to qualify for the e.,<emp-
tion under this subp.aragraph); or
(2) It is not practicable to provide sig-
nificant facilities and services designed
to m~t the physical or social needs of
older persons and the housing facility is
necessary: to provide important housing
opportW1ities ior older persons. In order
to satisfy this paragraph (b)(2) oi this
section the owner or manager oi the
housing facility must demonstrate
through credible and objective evidence
that the provision of significant facilities
and services designed to meet the physi-
cal or social needs oi older persons woaid
resait in depriving older persons in the
relevant geographic area of needed and
desired housing. The following factors,
among others, are relevant in meeting
the requireme:lts oi this paragraph (b)(2)
oi this section- .
The Court will first address deiendants'
claim that the three parks provide "signifi-
cant facilities and services specifically de-
signed to meet the physical or social needs
oi older persons." 24 C~".R. ~ 100.-
304(b)(1). The seven factors listed in the
regulations as meeting this requirement
are non-e:cclush.-e. DeiendantS claim that
they weighed such factors as the locations
oi the parks, the mobility of the residents,
the rental rates, vacanC'! rates, availability
oi nearby services and iacilities, the cost oi
adding iacillties, space limitations, and the
perceived desires and needs oi their older
pe.,""on residents. Defendants do not claim
to provide many on-site fac'.lities at the
three parks. They claim to provide the
following amenities at ever! park: well-
(i) W];lether the owner or manager oi lighted park grounds, na=1 gas service
the housing facility bas endeavored to hookull, winter snow removal oi access
provide signi:Ecant facilities and services drives: grass cutting oi co=on areas, and
designed to meet the physical or social strictly enforced park rules and reguia-
needs oi older persons either by the own- tiens. At the Moonlight and 0.Ie. par!<>,
er or by some other entity. Demonstrat-.. deiendants provide a heated laundry facili-
ing that such services and facilities are !:y. They also provide rental lockers at a
upensive to provide is not alone suffi- fee oi $1.50 per month. There is a 40 X
cient to demonstrate that the provision oi 400 foot grassy area between Moonlight
snch services is not pncticable. and O.K. Parks where residents may
(ill The amount oi rent charged, if the "wallt" their small pets. Mr. and Mrs.
dwellings are rented, or the price of the Ward live on-site at Moonlight Park "for
dwellings, if they are offered for sale. any emergenC'! needs ai their residents,
(illl The income range of the residents mobile home repair, or maintenance." De-
af the housing facility. fendants' }[emorandum at 10. Defendants
. maintain bulletin boards at all three parks
(Iv) The demand for housmg for older to .,,_, d ura the residents'
. th rel . . ....arm an enco ge
persons m e evant geograpmc area. i th .ces and facili"'--
use 0 e progra.ms, se.'f"'\I1, .~
(v) The range ai housing choices far available to them in the community at-
alder persons within the relevant gee- large." Defendants' Memorandum at 11.
graphic area. The bailetin boards also provide inionoa-
(VI) The avai1ahility oi other similarly tien about toll-free health hotline numbers;
priced housing for alder persons in the a list of mobile home repair/maintenance
relevant geographic area. If similarly services, meal delivery and transportation
priced housing far alder persODS with services, and monthly events scheduied at
significant facilities and services is rea- the West Toledo Senior Center. On Sep-
sanahly avai1able in the relevant gee- tember 1, 1990, deiendants placed a van
graphic area then the housing facility into service to transport residents of the
.does not meet the requirements of this mobile hame parks to soCal services and
paragraph (b)(21 of this section. programs in the City ai Toledo. .- .._:.
-
-
-?
:l.
773 FEDER.\L SUPP~'IT
[2] The Court finds that the facilities
and services provided on-site by defendants
do not meet the Congressional and re~
tory deiinition of "significant facilit:es and
services specifically designed to meet the
physical or social needs of older p"-~ons."
24 C.F.R. ~ 100.304(b}(l}. Though the See-
ret3ry of HUD did not intend the list of
factOrs at 9 100.304(b}(l} to be an e:tclusive
list, the most defendantS can claim to have
done is to have provided those facilities lIDd
services which any landlord e.~ecting to
please his or her te.'lants would provide and
information regarding facilities and servic-
es in whicll elderly citizens might be inter-
ested. The tr.lnspOl"'".:l.tion van and the bu!-
. letin board are not enough standing alone,
though they would be evidence of "signifi-
=t facilities and services" if presented as
part of a greater package.
[3] In arguing that they meet the staD-
dard in ~ 100.304(b )(1), defendants place
the greatest reliance on the off-site facili-
ties and s,,-'"Vices which they claim are avail-
able to residents of their mobile home
parkS. Defendants claim that each of the
parks is located near or adjacent to faci1i-
ties lIDd services which do meet the re-
quirement in 9 100.304(b)(l}. By relying
on these off-site facilities and services, de-
fendantS claim that their parb provide sig-
nificant facilities and services. DefendllDts
support their argument that they be al-
lowed to "piggy-back" these off-site pr0vi-
sions by citing the testimony of HUD inves-
tigator Ivory Smith. After this litigation
commenced, plainttffs deposed Mr. Smith
on August 2. 1990. At his deposition. Mr.
Smith told defendants that off-site facilities
and services would be considered if the
housing facility furnished t:anspo=tiol1
for the residents. Ivory Smith Dep. at 29-
30. Defendants claim that they purchased
the van in reliance on this testimony. -"
. The Court finds that the off-site facilities
and services may not be taken into consid-
eration in determining whether defendllDts
have provided "significant facilities. and
services." Noticeahly ahsent from the
statute, its legislative history, and the reg-
ulations promulgated under it is lIDY men-
tion that the "location" of the housing is a
factor a cour: should take intO account
when deciding the question which this
Court must decide. In reaching this con-
clusion, the Court agrees with the Adminis-
trative Law Judge in HUD 11. ?iJu.rphy.
As a gen"-....I rule, the availability of
senior centers elsewhere in the same geo-
grnphic lo""tion does not tend to set a
particular community apart. Yic:>.rious
use of these facilities by par.::cular com-
munities would give any "community"
the right to claim the right to disc...;.mi-
nate against families if it met the other
testS. This construction could lead to
situations where large numbers of com-
munities e.-.:c!ude families with children.
basing their claims on the a\-a.ilability of
the identic:1l public facilities. This would
vitiate the facilities and s,,-'"Vices require-
ment.
liCiD 11. ?iJu17'hy, Fair Housing-Fair Lend-
ing (P-H) ff 25.002 at 25,046 (Rti'D Office
of Adminis=tive Law Judg.s, July 13,
1990). The Court also agrees with Judge
Coughenour in United Sta.te. 11. Keck, No.
C39-1664C, slip op. at 11 (W.D.Wash. Nov.
15, 1990), that "[a]1though the examples in
the regula.tions are not e.'tclusive, a.housing
provider must offer its tenants a package
of facilities and services that indi<::1tes a
genuine commitment to serving the special
needs of older persous." Defendants have
not presented such evidence. The 10<::1tion
of defendants' mobile home parks appears
merely fo=itous. There is nO evidence
that defendants chose the 10<::1tion of the
parks with an eye to providing low cost
housing to elderly people. Though defen-
dantS claim that tenants in their parks do
not want additional facilities and services,
there is no evidence in the record of studies
or surveys being done by defendants to
verify their claim. Though the Court's de-
cision should not be interpreted as a find-
ing that location may never be a ..factOr
supporting a defendant's argument that it
provides significant facilities and services,
for Ioc:1tion to be sueb a factor, a defen-
dant must present more evidence of a "gen-
uine commitment" thlID the current defen-
dants have provided.
[4] The Court will now address defen-
dants' cLaim th:lt it is not practic::1ble to
-
PARK PLACE HOME BROKERS v. P-K :'rIOBlLE HO~IE PARK
CUe aa m F.5upp. 46 (s.D.Obio 1991)
proVlae signincant facilities and services found that deiendants have failed to sa.tis..
and that their housing is necessary to pro- fy the impracticability test. the Cour: finds
vide impor...a.nt housing opportUnities for it unnecessary to e.umine the necessity
older persons. See 42 U.s.C. test..
9 360.(b)(2)(C)(i); 24 C.F.R. 9 100.304(b)(2).
The threshold fac:or listed in the regula-
tions for th~ Court to consider is a determi-
nation or whether the owner or manager of
the facility has endeavored to provide sig-
niiic:tnt facilities and semces. This regu-
lation cautions that a defendant's demon-
str:lcon that it is expensive to provide such
services and facilities is not a.lone S'U.fji-
cient to demonstrate impracticabilitj-. 24
C.F.R. 9 100.304(b)(2)(i). Defendants may
satisfy their burden by setting forth credi-
ble and objective evidence. Id.
[5] The Cour: finds that the evidence
anered by defendanrs supports, at best, an
argument that it would be. "-'<Pensive to
provide the facilities and services reouired
by the Act. As mentioned above. deien-
dants ha,-e not submit".ed any =dible esti-
mates of how much it would COSt to con.
strUe: complying facilities at their parks.
In faCt. defendants admit that Lar.y Ward
did not get independent cost estimates for
constr'~cting a new facility. Defendants'"
Memorandum in Opposition to Plaintiffs'
:\1otion for Summary Judgment at 13. All
the Court has beiore it is defendant Uny
Ward's opinion that it would cost between
$20,000 and SlOO,OOO to constrUct a commu-
nity building. Defendants claim that :\1r.
Ward's "-'<Perience as a handyman qualifies
his opinion as credible and objective evi-
dence. The Court disagrees . and, due to
deiendants' fa.ilure to offer anv other evi-
dence oi impracticability, the Court finds
that deiendants have not met their burden
here.
-
[61 In Murphy, the Administrative Law
Judge held that the necessity test rLe. the
last cla.use in 42 U.S.C. 9 3607(b)(2)(CJ(i)
which asks whether the housing is neces-
sary to provide impOrtant housing opportu-
nities for older persons] 'only comes into
play if the impracticability test has been
satisfied. HUD 1/. Murphy, Fair Housing-
Fair Lending (P-H) 25,002 at 25,048 (HUD
Office oi Administrative Law Judges, July
13, 1990). The Court agrees. Having
"', ..--
-
53
[., S] The final area of contention which
the Cour: must address is deiendants' con-
stitutional claims. Defendants first claim
that the HlJD regulations are ubi=-'7 and
capricious. In Ck/l"lJTOn US_-/., Inc. 1/.
Natura/ Resources Dejense CounciL Inc.,
467 U.S. 83., 104 S.Ct. 2':'.8, 81 LEd.2d 694
(1984), the Court set forth the standards
ior judicial review of an ag~!lcy's constrUc-
tion oi a Statute that it AnT'!"linic::te.""S.
When a court reviews a.n agencr's COD-
str.lction of the st:1tute which it adminis.
te,.s, it is confronted with two questions.
First. always, is the question whether
Congress has direc:ly spoken to the pre-
cise question at issue. Ii the intent oi
Congress is clear, that is the end of the
mat".er; for the court as well as the
agency, must give effect to the unambig-
uously e:tpressed intent of Congress. -If,
however, the court dete.'1Dines Congress
has not diredy addressed the precise
question at issue, the court does not sm.
ply impose its own constrUction on the
statute, as would be necessary in the
absence oi an atimin,qtr:!.cve interpreta-
tion. Rather, if the Statute is siient or
ambiguous with respect to the specific
issue, the question for the court is
whether the agen.,.j s answer is based on
a permissible constrUction of the statnte,
'"!he power of an administrative agen~
cy to administer a congressiona.lly cre-
ated .., prognm necessarily requires
the formulation oi policy and the maldng
of rules to fill any gap leit, implicitly or
explicitly, by Congress." Morlcm '""'.
Rui::. 415 U.s. 199, 231 94 S.Ct. 1055,
1072, 39 LEd.2d 270 (1974). If Congress
has explicitly left a gap for the agency to
fill, there is an "-"tpress delegation iJf
authority to the agency to elucidate "a
specific provision oi the statnte by regu-
lation. Such legislative regulations are
liven controlling weight unless they are
arbitrary, capricious. or manifestly c:on-
trary to the statute. ...
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54
773 FEDERAL SUl'PLE:l1E:'lT
Chwron, 467 U.S. at 843-14, 104 S.Ct. at ward the community they now have, they
2781-a3. The Caur-: must give conside......- should be found e."Cempt from the prohib;-
ble weight to HUD's constrUction of the tion against familial statl1S disc.-imiDation.
Fair Housing Ac:, and it must also give Thougb this argument has some appeal in a
deference to HtTIJ's interpretation of the senior citizen context, it has none in the
Act. Id. at 844, 104 S.C::' at 2782. The law.
Cour-: agTeeS with ?Iaintiffs that the intent The CoJur-: r.nds that defendants are
of Congress in passing the Act was to stop guilty of familial statl1S disc:".mination.
disc..."imination in housing against families The "55 and over" ~'t!mption does not ap..
with children. However, in so doing, Con- ply to defendants. Plaintiffs are thus enti-
gress chose to c.-eate an e.umption for tied to a permanent injunction.
communities designed to meet the needs of
citizens 55 years of age and older. This This cause will proceed to a trinl to deter-
e..'II:emption must be narrowiy constrJ.eci. in mine what damages, if any, to which plain.
order to preserve the ba1a.nce Congress in- tiffs are entitled.
tended to str.ke between housing for older THEREFO RE, for the foregoing rea-
persons and the prohibition against familial sons, good cause appearing, it is
Statl1S disc.-iminacon. Given this constrUe- ORDERED that the Fair Housing plain-
tion or the statute, the Caur-: finds nothing tiff's motion for summary judgment be,
in the regulations that is arbitrary, capri- and he..-eby is, GRA.'!TED; and it is
cious, or manifestly concr:u-I to the statute.. FURT2R ORDERED that the United
[9] Defendants ne."Ct contend that the States' :notion for summary judgment be,
statute violates their due o. racess rights .~d h -nv G'" . ,,,,.,,.,..,. .~d t IS
_ eu'. is, "'""" '''''', _ i .
because it is unconstitutiona.ily vague.. A. FURTEER ORDERED that defendant's
law is void on its face if it is so vague that tI . b d
mo 'on tor summary' judgment e, an
persons of common intelligence must naces-
hereby is, D~; and it is
sa.riIy guess at its meaning and differ as to
its application. Con7U1.ily 11. Gentn'al E'URTSER ORDERED that defendants
C. t. C. 269 U 5 38 391 46 S Ct. 126 are enl.oined from (1) refusing to rent, or
01IS a., .. 5, " ,
127, 70 L..Ed. 322 (1926). The Cour-: finds refusing to negotiate for the rental of, or
no such constitutional infirmity in the Fair otherwise making unavailable for denying,
Housing Act and its 1988 amendment. .. lots for the location of mobile home struc-
] D., , "__I . .~_ tures because of familial statl1S; (2) dis-
[10 eIen~ts ~ ~ent IS. WiIot ~m;~~~g apinst anv person in the
the sC':tute VIOlateS thell" nght to eqnal tertns, conditions, or "mileges of rental of
prateccon. F~ the Cour-: finds no Con- Jo . th I . . ... h
. nal . . to make Id I .. . tS.or e oocon ot mooue ome struc-
grasSIO mtencon e er Y Cltl- . th .. . - .
f .. "" .. _1__ tures, or In e provtS10U ot ServIces or
.ens 0 mooe't lIlcome a sensitive =s. facili" .. . th --"'L b
Th" . nal 1&. hi" . th" tIeS m connec:lon erel"ll~ eause
th e ratio . re tlOIlS. P tesf t III valereIore of familia.l statl1S; and (3) making, printing,
e aopl'Ollnate =tenon or e Wltlng ub" .. . ad
. lik' th h hi" I or p usamg any notICe, statement, or -
statutes e. e one ere, W "': lIlVO ve vertisement with ro..soect to the rental or
pur,ely econ01\11C and socia11eglS~atlOn.A.p- Jots for the location ~f mobile home strUc-
plymg the test, the Cour-: fines that the tures'" . - llmitati
Fair Housing Act: and its 1988 amendment dis ~,:,,~g ~y p;Ie~::;H~1 tae:.~
are rationa.ilv related to a legitimate ord 't~.mma on ase on s,
. m 1 ~
government interest. Thus, the Cour-: . .
finds no violation of defendantS' equal pro- FURTRER ORDERED that this case IS
tection rights. . schednled for a pretrial conference ~n Au-
. ~ gust 25, 1991 at 3:45 P.M.
[11] Throughout their vanous memo-
randa. defendants appear to argue that
they shonid be "gra.ndfathered in" under
the Act; Le. that because they have been
moving steadily over a period of years to-
w
o ~urNVM'U1TUL"4
,
=-w
.
.
.
CONDITIONAL USE PERMIT NO. 91-03
AGENDA ITEM: 3
HEARING DATE: 9-22-92
PAGE 11
EXHIBIT E
PINDINGS OP PACT
VAlUANCB POR CONDITIONAL USE PERMIT 91-03
1. There are exceptional or extraordinary circumstances or
conditions applicable to the property involved, or to the
intended use of the property, which do not apply generally to
other property in the same zoning district and neighborhood in
that the intended use for senior apartments does not have a
parking standard, and the parking requirement for family
apartments is excessive when applied to senior projects.
2. The variance is necessary for the preservation and enjoyment
of a substantial property right of the applicant in that if
the project was submitted today, processed in accordance with
current Code requirements, parking requirements could be met.
3. Granting of the variance will not be materially detrimental to
the public weLfare or injurious to property and improvements
in the zoning district and neighborhood in which the property
is located in that the proposed number of parking spaces
should be sufficient for the senior project.
4. The granting of the variance will not be contrary to the
objectives of the General Plan in that Policy 1.12.11 states
that senior housing is permitted if all Code requirements are
met, and this variance is requested in accordance with Code
requirements.
Exhibit "E"
-
-
-
- ~
.
.
CONDITIONAL USE PERMIT NO. 91-03
AGENDA ITEM: 3
HEARING DATE: 9-22-92
PAGE 10
Exhibit F
FINDINGS OF FACT
CONDITIONAL USE PERHIT 91-03
1. The proposed use conforms to the objectives of the City's
General Plan Elements in that the proximity criteria of
Policies 1.7.19, 1.16.14, and 2.6.1 are met, the conversion
plan required by Policy 1.12.11 is adequate, and all Code
requirements are met as required by Policy 1.12.11.
2. The proposed use will not adversely affect the adjoining land
uses and the growth and development of the area in which it is
proposed to be located in that the proposed complex is
compatible with the bulk, mass and scale of existing and
future commercial office development.
3. The size and shape of the site proposed for the use is
adequate to allow the full development of the proposed use in
a manner not detrimental to the particular area nor to the
peace, health, safety, and general welfare, in that, except
for the requested variance for parking, all other code
requirements are met.
4. The traffic generated by the proposed use will not impose an
undue burden upon the streets and highways designed and
improved to carry the traffic in the area, but adequate
parking is not provided, in that a traffic study was prepared
and discussed in the Initial Study which concluded no impacts
to traffic would result from construction of the project,
however, a variance is requested to reduce parking
requirements.
5. Granting the Conditional Use Permit under the conditions
imposed, will not be detrimental to the peace, health, safety,
and general welfare of the citizens of San Bernardino in that
the project is designed with security systems, electronic
gates, and fire sprinklered throughout.
Exhibit "F"
.
.
Exhibit G
project speciric
Conditions or Approval
1. To mitigate noise generated by traffic on Third Street and
noise from fire engine sirens, the east and south walls of the
building shall be constructed of the following materials:
operable dual glazed windows consisting of 2 lites of
1/8-inch glass separated by 1/4-inch air space, and using
a pile seal
.
.
solid wood core doors
wall construction consisting of 7/8-inch stucco over
I-inch styrofoam on a 2x4 wood stud frame, studs located
16 inches on center with R-13 insulation in the stud
cavity, and a S/8-inch gypsum board interior finish.
2. The proj ect shall be occupied by qualified seniors who are
defined as single residents the age of 60 years or older, or
married couples of which at least 1 partner is 60 years or
older.
.
3. If the project is not occupied by qualified seniors, the
building shall be converted to offices as follows:
.
the building footprint shall be reduced
8,944 square feet by removing the
apartments
to a maximum of
north wing of
.
the maximum number of office suites provided shall be 18,
7 on the first floor, 8 on the second floor, and 3 on the
third floor
.
the area of building demolition shall be developed with
parking and landscaping, with 81 parking spaces and 29%
landscaping provided over the entire site.
4. Mini-bus/shuttle service shall be provided on a daily basis,
for the life of the senior apartment project.
Monitored security
capabilities shall be
wiring for security
provided.
6. The sidewalk located within the patio area, designed for
walking laps, shall be located a minimum of 3 feet from the
5.
systems with duress/panic button
provided at each dwelling unit. Pre-
cameras at each entrance shall be
.
.
building, and the 3 feet shall be landscaped with shrubbery
which will prevent people from being adjacent to living
quarters. This condition is not applicable to the south side
of the patio area, which is adjacent to common area.
7. A 12-foot structural opening shall be built into the walls
between the 2 westernmost small meeting and games rooms
located at the west end of the Community Activity Center.
This opening may be filled in until it is determined that the
opening is needed.
8. In order to ensure compliance with the Fair Housing Amendments
Act of 1988, prior to the issuance of building permits, the
applicant shall provide, and the City shall approve a
management plan which includes the following:
The nature of advertising designed to attract prospective
residents;
.
.
Age verification procedures;
.
Lease provisions;
.
Written rules and regulations;
.
Actual practices
relevant lease
regulations;
of the owner or manager in enforcing
provisions and relevant rules or
.
Means by which the required mini-bus/shuttle service will
be provided and how the provision of service will be
monitored by the City;
.
Any social and recreational programs anticipated, and how
they will be administered;
Means by which the City will monitor and verify the age
of the occupants on an annual basis;
.
Failure of the property owner or manager to comply with the
provisions of the approved management plan will be grounds for
revocation of the Conditional Use Permit, pursuant to Chapter
19.36 of the Development Code.
9. Construction shall be in compliance with Section 504 of the
Housing and Rehabilitation Act, the Americans with
DiSabilities Act, and state standards for handicap
accessibility. All units shall be handicap adaptable.
10. The sinks and toilets of all bathrooms shall be reversed on
the construction drawings. This shall not apply to the 2
studio units.
11. All fire exit doors shall be provided with handicap ramps.
-
-
-
.
.
12. Base moldings shall be provided for all floors.
13. The elevator shall be hydraulic.
14. The elevator lobby door shall be an automatic, magnetic, hold-
open door.
15. All kitchen stoves and laundry dryers shall be powered by
natural gas.
16. A washing machine and dryer shall be provided in each living
unit. All washing machines in individual living units on the
shall be top loading. When any unit is occupied by a mobility
impaired person, the top loading washer shall be replaced with
a front loading washer.
17. A common laundry facility shall be provided on the first floor
to accommodate mobility impaired persons who may not be able
to reach the dryer on stacked machines. There shall be 4
washing machines and 4 dryers in the common laundry room. The
dryers shall not be stacked units.
18. Each unit shall be supplied with individual, quick recovery
water heaters.
19. Each apartment unit shall be furnished with central heating
and air conditioning, and each dwelling unit shall have a
thermostat.
20. Each apartmeRt unit shall be individually metered for
electricity and gas.
21. The perimeter wrought iron fence pedestrian and vehicular
accesses shall be electronically controlled.
22. Each kitchen shall be provided with an energy efficient, 14
cubic foot, refrigerator, stove with oven (natural gas),
microwave oven, front-lading dishwasher, and garbage disposal.
In the 2 studio units, a 6 cubic. foot, under-the-counter,
refrigerator may be used.
.
.
r
CONDITIONS
CASE CUP 91-03
AGENDA ITEM
HEARING DATE
PAGE
1-11-93
38
....
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
,
___Z;!'-____
r.nnstruction shall be in substantial confor..ance
with the plants) approved b,' the Director.
Development Review Committee. Planning Commission
or Mavor and Co....on Council. Minor modification to
the plan(s) shall be subject to appro,'al h\' the
Director throullh a minor modification per..it
process. Anv ..odification which exceeds 10% of the
following allowable measurable desilln/site
considerations shall require the refilinll of the
orillinal application and a subsequent hearinll b,'
the appropriate hearin2 review authorit,' if
applicable.
1. On-site circulation and parkinll. loading and
landscapin2:
2. Place..ent and/or height of wa lis, fences and
structures;
3. Reconfiguration of architectural features,
~ncluding colors, and/or modification of
finished materials that do not alter or
co..promise the previously approved theme: and.
... A reduction in densitv or intensit,. of a
development project.
24,
Within one vear of development approval,
commencement of construction shall have occurred or
the permit/approval shall become null and void. In
addition. if after coaaencement of construction.
work is discontinued for a period of one vear. then
the perait/approval shall become null and void.
Projects may be built in phases if preapproved bv
the review authority. If a project is built in
preapproved phases. each subsequent phase sha 11
have one year froa the pre,'ions phase's date of
construction coaaencement to the next phase's date
of construction coaaenceaent to have occurred or
the permit/approval shall becoae null and void.
P r oj e c t : __C2!!~!.~2!!~!..ll~~_Pe'!liLN.P.:_2.!.-.9L______________
Expiration Date:__~~~!!t]l~_~J~___________________
...
-oo01Il
Cl'l'\'0I'__
-,
PL..ANo&DI PAGE 1 OF 1
(-
~
25.
The review authorit~- ma'-. upon app! ication beinl1
filed 30 days prior to the expiration date and for
good cause. grant one time extension not to exceed
12 aonths. The review authority shall ensure that
the project cOllplies with all current De"elopment
Code provisions.
"
26.
In the event that this approval is legallv
challenged. the City will promptlv notify the
applicant of any claim or action and will cooperate
fullv in the defense of the matter. Once notified.
the applicant agrees to defend. indemnifv. and hold
haraless the City. its officers. agents and
employees from any claim. action or proceeding
against the City of San Bernardino. The applicant
further agrees to reimburse the Ci tv of an'- costs
and attorneys' fees which the City maV be required
bv a court to pay as a result of such action. but
s~ch participation shall not relieve applicant of
his or her obligation under this condition.
27.
No vacant. relocated. altered. reoaired or
hereafter erected structure shall be occupied or no
change of use of land or structure( s I shall be
inau&urated. or no new business Co..~nced as
authorized bv this permit until a Certificate of
Occupancy has been issued b,' the Department. A
teaporary Certificate of Occupancy may be issued hv
the Department SUbject to the conditions iaposed on
the use. provided that a deoosit is filed with the
Departaent of Public Works prior to the issuance of
the Certificate of Occupancy. The deposit or
securi ty shall guarantee the fai thful performance
and completion of all terms, conditions and
perforaance standards imposed on the intended use
by this permit.
"'"
Prior to the issuance of a Certificate of
Occupancy. the landowner shall file a lIaintenance
agreeaent or covenant and easement to enter and
lIaintain. subject to the approval of the City
Attorney. The agreement or covenant and easement
to enter and maintain shall ensure that if the
landowner. or subsequent owner1s). fails to
maintain the required/installed site iaprovements.
the Ci tv wi 11 be able to fi I e an appropriate
lien(s) against the property in order to accomplish
the required maintenance.
... .. -
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~ PME10Fl
(<oiiii
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.
r-
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE CUP 91-03
AGENDA ITEM
HEARING DATE 1-11-93
PAGE 4n
...
CONDITIONS
r-
28.
--------.--
...
.,
The developer is to sub.it a complete aaster
landscape and irriaation plan (5 copies) for the
entire development to the Public Works Department
with the required fee for revie.... The landscape
plans will be forwarded to the Parks. Recreation.
and Community Services and the Plannina Division
for revie". (Note: The issuance of a bUilding
development Permit bv the Deoartment of Planning
and Building Services does not "ah'e this
requirement.) No 8radine permitls) will be issued
prior to aporoval of landscape plans. The
landscape and irrigation plans shal I complv "ith
the "Procedure and Policy for Landscape and
Irrigation" lavailable fro. the Parks Deoartmentl.
and comply with all applicable provisions of
Chapter 19.28 (Landscapina Standards) of the
Develop.ent Code effective on the date of approval
of this permit. Trees are to be inspected bv a
representative of the Parks Department prior to
planting.
(The following provision is appl icable to single
family homes.) Trees. shrubs and ground cover of a
type and quality aenerally consistent or compatible
with that characterizina single family homes shall
be provided in the front yard and that portion of
the side yards which are visible from the street.
All landscaped areas must be provided with an
automatic irriaation system adequate to insure
their viabil it}.. The landscape and irriaation
plans shall be reviewed as outlined above.
14010)
m.:. -
.......... PAGE 1 OF 1
.
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE
CUP 91-03
CONDITIONS
AGENDA ITEM
HEARING DATE
PAGE
1-11-93
41
r
""I
29.
This permit or approval is suhject to th~ atta~h~d
conditions or requirements of the f0110"inr eit.<-
Departments or Divisions:
----------
x
Fire Der.a rtlle n t
------- -
x
Parks. Recreation
Services Departllent
&
Community
-_. --------
x
BUilding Services Division of the
Planning and Building Services
Department
----------
x
Police Department
-----------
----------
Public Services (Refuse) Department
x
Public works
Department
(Engineering)
----------
x
water Department
----------
Cl"'ClP"~
-....
....
PUNoeIlI p_, OF 1 .....,
-
.
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE CUP 91-03
CONDITIONS
AGENDA ITEM
HEARING DATE 1-11-93
PAGE 42
r
.,
----------
30.
...
This permit or appro,'al 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 fUlles.
vapors. gases and other forms of air Pollution;
glare control; exterior lighting design and
control; noise control; odor control; screening;
siRnS. off-street parking and off-street loadinll;
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
lIeter cabinets shall be arChitecturally screened by
wall or structural element. blending with the
bUilding design and include landscaping when on the
ground. A sign program for all new cOllllercial.
office and industrial centers of three or more
tenant spaces shall be approved by the Department
prior to the issuance of a Certificate of
Occupancy.
This requirement also includes any applicable Land
Use District Development Standards for residential.
commercial and industrial developments regarding
minimum lot area. minimulI lot depth and width.
minimum setbacks. maximum height. maximum lot
coveraae. etc.
This development sha] I h.. required to maintain a
minimum of ** standard off-street oarki nr
spaces as s;;;';;-l';n-the appro"ed planls) on file.
** 54 & 1 shutt e bus
fIUN.I.DI PAGE 1 OF 1
I.....
em ~ _ ~~
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-
-
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE
CUP 91-03
AGENDA ITEM
HEARING DATE
PAGE
STANDARD REQUIREMENTS
1-11-93
43
"
1.
BUl:LDl:HG AIm SAPB'l'Y Dl:VrSl:OH
,
1
4
...
Submit plans prepared by a Registered Building ~HH~H~,
Architect or civil or Structural Engineer.
Submit a complete lateral and structural analysis
prepared by a Registered civil or Structural Engineer or
Architect.
Submit State of California Title 24 Energy Calculation
Forms for residential, mm:1CP''" iIl1'~
buildings including a signed compliance statement.
Submit calculations and structural drawings, prepared by
a Registered civil Structural Engineer or Architect,XIax
~~Ji.m~*x~,,!ot:
Be advised that the subject building is an unreinforced
masonry building (ORM) as defined by State law and as
identified in a study done by the City dated January
1990. Notice that this building was a ORM building was
mailed to all ORM owners in April 1990. At some time in
the future, the owner will be required to do a detailed
structural analysis for the purpose of determining the
degree of structural deficiencies, submit structural
plans Showing correction of the structural deficiencies,
obtain building permits, and complete the structural
upgrading.
a. It is recommended that before significant cosmetic
improvements are made that some thought be given to
doing the seismic structural upgrading first or
consideration be given to doing the cosmetic
improvements in such a way so as to minimize or
avoid redoing the proposed cosmetic improvements in
the future.
b. Based upon the structural changes and/or add-ons to
the building (such as adding mechanical equipment,
mansard roof, other additional weight that must be
restrained laterally), submit a structural analysis
certifyinq that the changes and/or add-ons being
proposed to the building makes the building no more
hazardous than without the proposed changes and/or
I.....
ern G' .. -....c.
........I'h... I
...-..,.
~-~
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE CUP 91-03
AGENDA ITEM
HEARING DATE
PAGE
1-11-93
44
STANDARD REQUIREMENTS
~
add-ons. If such analysis and certification cannot
be made, then the buildinq must be seismically
upqraded prior to occupancy of the buildinq.
c. As defined by the buildinq code, this project is a
chanqe of occupancy classification and/or
intensification of use that requires this buildinq
to be seismically upqraded prior to occupancy.
Submit floor plan of existinq structure. Label all uses
and existinq materials of construction.
5. Submit four (4) complete sets of construction plans
includinq:
a. Copy of conditions.
b. Soils and~~ liquefaction report.
c. Enerqy Calculations.
d. Structural calculation.
6. Submit a preliminary xmll1Pim~RKRUx (soils anck~n%
~~~ liquefaction analysis) report prepared by a person
licensed to do so.
7. Submit a sinqle line drawinq of the electrical service.
Show all equipment, conduit and wire sizes and types.
Show the service qround size and qroundinq electrode.
8. Submit panel schedule(s) and electrical plans.
Permit required for demolition of existinq buildinq(s) on
site.
9.
Submit a plan of the heatinq, ventilatinq or air
conditioninq system. (Clearly identify the location and
ratinq of the equipment and the sizes and material of all
ducts, reqisters and the location of all fire dampers).
Show means of providinq mechanical ventilation as
required by the 1988 Uniform Buildinq Code.
10.
Submit qas pipe loads,
isometrics.
sizinq calculations and
~
=.:"'~
-...,.
~
I_
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE CUP 91-03
AGENDA ITEM
HEARING DATE
PAGE
STANDARD REQUIREMENTS
1-11-93
45
;....u..
12.
13.
14.
15.
Provide a plot plan showinq the location of the proposed
sewer system.
Submit a letter clearly indicatinq the intended use of
all areas of the Duildinq. List the materials to De used
and the projects produced qivinq the amount of each kept
in the Duildinq. If the Duildinq is used of more than
one purpose, list all other uses.
Submit isometric plans of the cold and hot water and
drain waste and vent systems.
Show compliance with Title 24 for the physically
handicapped JUK~~K project shall meet all
handicapped requirements, also ror un~~s requ~reQ.
Submit plans approved DY the County Health Department.
Indicate methods of compliance for sound attenuation
(exterior, interior party walls, floorjceilinq asseml:lly,
ceilinq) as per study, O.B.C., local or State Law.
Show compliance with requirements of hiqh fire areas.
For structures located within hiqh wind areas:
a. Desiqn structure, includinq roof coverinq, usinq
p.s.f. wind load.
16. City of San Bernardino named as certificate holder for
Worker's Compensation Insurance.
17.
Assessor's Parcel Numl:Ier.
135-181-66
18. Contractor's City license.
19. Contractor's State license.
20. Sewer capacity riqhts from Water Department, 384-5093,
Neil Thomsen.
l.
I.....
m..e.~.~
P\MoI.1D
CITY OF SAN BERNARDINO PLANNING
AND BUILDING SERVICES DEPARTMENT
CASE CUP 91-03
AGENDA ITEM
HEARING DATE 1-11-93
PAGE 46
STANDARD REQUIREMENTS
~
"""I
21.
School fees from Unified School District, 381-1179.
Fire Sprinklers Required:
Plans for fire sprinklers shall be submitted to Fire
Dept. and approved prior to installation. No building
inspections shall be performed beyond "framing and
ventilation" until fire sprinkler plans are approved.
Other: plan check timeis approximately 6 weeks, contact
Build~n9 tit ~aIe"Cy Lor pu~~iDlt: t:xl-H::::c:11 L.luUI:) .tJla.u \",,!u::\,,;k.
??
23.
2';.
Deposit:
$5,100 plan check deposit
...
1Ir"Gl'............,
...........-.
PIJlN.a.,.
..,j
("'"'"
- ~
CITY OF SAN B
STANDARD REQUIREMENTS
NARDINO PUBLIC ORKI/INGR.
CASE CUP 91-03 -
AGENDA ITEM
HEARING DATE
"AGE
1-11-93
47
NOTE TO APPLICANT: Where separate Engineering plans are required. the
appl1cant 1S responsible for submitting the Engineering -plans directly
to the Engineering Division. They may be submitted prior to submittal
of BUilding Plans.
Drainage and Flood Control
All necessary drainage and flood control measures shall be
subject to requirements of the City Engineer, which may be based
in part on the recommendations of the San Bernardino Flood
Control District. The developer's Engineer shall furnish all
necessary data relating to drainage and flood control.
A local drainage study will be required for the project. Any
drainage improvements. structures or storm drains needed to miti-
gate' downstream impacts or protect the development shall be
designed and constructed at the developer's expense. and right-
of-way dedicated as necessary.
The development is located within Zone A on the Federal Insurance
Rate ~laps; therefore. a Special Flood Hazard Area Permit issued
by the City Engineer shall be required.
The development is located within Zone B on the Federal Insurance
Rate Maps; therefore, all building pads shall be raised above the
surrounding area as approved by the City Engineer.
Comprehensive storm drain Project No. is master planned in
the vicinity of your development. Inl$ drain shall be designed
and constructed by your project unless your Engineer can conclu-
sively show that the drain is not needed to protect your develop-
ment or mitigate downstream impacts.
!5.
x
All drainage from the development shall be directed to .an
approved pUblic drainage facility. If not feasible. proper drain
age facilities and easements shall be provided to the satisfac-
tion of the City Engineer.
Applicant shall mitigate on-site storm water discharge suffi-
ciently to maintain compliance with the City's NPDES Storm Water
Discharge Permit requirements. A "Notice of Intent (NOI)" shall
be filed with the State Water Quality Control Board for
construction disturbing-S acres or more of land. _
:6.
x
An Eros i on Contro I Plan sha 11 be approved by the City Eng i neer
pri or to grad i ng plan approva 1. The plan sha 11 be desi gned to
contro I eros i on due to water and wi nd. i nc I udi ng b I owi ng dust.
during all phases of construction. including graded areas which
are not proposed to be immediately built upon.
""
. .
CITY OF SAN BERNARDINO PUBLIC WORKI/1NQfl
CASE CUP 91-03
. STANDARD REQUIREMENTS
AGENDA ITEM
HEARING DATE 1-11-93
PAGE 48
~
Grading
7. X ' If more than I' of fill or 2' of cut is proposed, the site/p10t/
grading and drainage plan shall be signed by a Registered Civil
Engi neer and a gradi ng permi t wi 11 be requi red. The gradi ng
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 in
advance.
X
If more than
grading bond
supervi sed in
Building Code.
A liquefaction report is required for the site. This report
must be submi tted and approved pri or to issuance of a gradi ng
permit. Any grading requirements recommended by the approved
liquefaction report shall be incorporated in the grading plan.
5,000 cubi c yards of earthwork is proposed, a
will be required and the grading shall be
accordance with Section 7012 (c) of the Uniform
8.
9.
X
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"). The
on-site Improvement Plan shall be approved by the City Engineer.
A reci proca 1 easement shall be recorded pri or to gradi ng pl an
approval if reciprocal drainage, access, sewer, and/or parking
is proposed to cross lot lines, or a lot merger shall be
recorded to remove the interior lot lines.
o.
X
The project Landscape Plan shall be reviewed and approved by the
City Engineer pri"or to issuance of a grading permit. Submit 4
copies to the Engineering Division for checking.
An on-site Lighting Plan for the project shall be reviewed and
approved by the City Engineer. This plan can be incorporated
with the grading plan, or on-site improvement plan. if
practical.
1.
X
A Landscape Maintenance District shall be implemented to
maintain landscaping within the following areas:
Separate sets of Landscape Plans shall be provided for the
Landscape Maintenance District.
32.
33.
34.
35.
36.
37.
CITY .OF SAN
ANARDINO PUBLIC ORKS/1NQJl
CASE CUP 91-03
STANDARD REQUIREMENTS
AGENDA ITEM
HEARING DATE
PAGE
1-11-93
,
Utilities
'x
Design and construct all public utilities to serve the site in
accordance with City code, City Standard and requirements of the
serving utility, including gas, electric, telephone, water, sewer
and cable TV.
Each parcel shall be provided with separate water and sewer faci-
lities so it can be served by the City or the agency providing
such services in the area.
x
Sewer main extensions required to serve the site shall be con-
structed at the Developer's expense. Sewer systems shall be
des i gned and cons tructed in accordance wi th the City's "Sewer
Policy and Procedures" and City Standard Drawings.
Util ity services shall be placed. underground and easements pro-
vided as required.
All existing overhead utilities adjacent to or traversing the
site on either side of the street shall be undergrounded in accor
dance with Section 19.20.030 (non-subdivisions) or 19.30.110
(subdivisions) of the Development Code.
Existing utilities which interfere with new construction shall be
relocated at the Developer's expense as directed by the City
Engineer.
Sewers within private streets or private parking lots will not be
maintained by the City but shall be designed and constructed to
Ci ty Standards and inspected under a Ci ty On-Si te Constructi on
Permit. A private sewer plan desigried by the Developer's Engin-
eer and approved by the City Engi neer wi 11 be requ ired. Th is
plan can be incorporated in the grading plan, where practical.
A "communication Conduit" shall be installed in all streets with-
in and adjacent to this project. The conduit shall be dedicated
to the City and its primary use shall be for Cable TV installed
by the Cable TV Company under permit from the City of San Bernar-
dino.
x
x
x
x
CITY.OF SAN ""ARDINO PUBLIC *-1/.....
CASE CUP 91-03
STANDARD REQUIREMENTS
AGENDA ITEM
HEARING DATE 1-11-93
PiiC.i 5 u
,.
Street Improvement and Dedications:
All public streets within and adjacent to ~he development shall be
~improved to include combination curb and gutter, paving, handicap
ramps, street lights. sidewalks and appurtenances, includhg, but
not limited to, traffic signals. traffic signal modification,
relocation of public or private facilities which interfere with
new construction, striping, signing, pavement marking and markers,
and street name signing. All design and construction shall be
accomplished in accordance with the City of San Bernardino "Street
Improvement Policy" 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.
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
Right-of-Way (Ft.)
Curb Line (Ft.)
8. X Dri veway approach shall be constructed per Cfty Std. No. 204, Type
----II.
9. ...!..-A ~' wide clear path shall be maintained along the pUblic sidewalk i
adJacent to the proposed bus stop bench and cover. Addi ti ona 1
right-of-way shall be dedicated. if necessary.
ClTY.OF SAN RNARDINO PUlL
STANDARD REQUIREMENTS
WORKS/1NQIl
CASE CUP 91-03 -
AGENDA ITEM
HEARING DATE 1-11-93
PAG
,.
Required Engineering Permits:
40. X Grading permH (if applicable.).
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
X
On-site improvements construction permit (except buildings - see
Planning and Building Services), includes landscaping.
Off-site improvements construction permit.
X
Applicable Engineering Fees (Fees SUbject to change without notice)
Plan check fee for Final/Parcel Map - SI,OOO.OO plus S30.00 per
lot or parcel.
X
P.lan check and inspection fees for off-site improvements - 4~ and
4~. respectively, of the estimated construction cost* of
off-site improvements.
X
Pl an check and i nspecti on fees for on-si te improvements
buildings - See P13nning and Building Services) - 2~
respectively, of the estimated construction cost* of
improvements. including landscaping.
(except
and 3~ ,
on-site
X
Plan check and ~nspection fees for grading (if permit
Fee Schedule available from the Engineering Division.
Drainage fee in the amount of S5,OOO (approx)
required) -
X
X Tra ffi c system fee in the es ti ma ted amou n t of $2.000
Exact amount shall be determined by the City Trafflc Englneer at
time of application for Building Permit.
X Sewer connection fee in the amount_of
$11.000 (approx)
x
Street or easement dedication processing fee in the amount of
S200.00 per document.
X
Sewer inspection fee
$16.35 per connection
*Estimated construction cost is based on schedule of unit prices on
file with the City Engineer.
KFJ/lSFP
<':; r'uIOf!.. (1(
S 7;/174~
CITY
OF
SAN BERNARDINO
CASE C' u r"
9 / - r!J3
//-/?-'?
l?,Pd
STANDARD REQUIREMENTS
HEARING DATE
REVIEWED BY
5l.
52.
53.
FIRE DEFARTMENT REQUIREMENTS
GE);ERAL REQt:IREMENTS:
X : Provide one extra set of construction plans to Building and Safety for Fire Department use at time of plan check.
~ Contact Fire Department for specific or detailed requirements - IIIPORTAlIT.
>< The developer shall provide for adequate Fire Flow as computed by the Fire Prevention Bureau. Fire Flow shall be based
on square footage, construction features and exposure information as supplied by the developer and may be taken from two
hydrants.
ACCESS:
(] Provide two different routes of ingress/egress to the property entrance. The routes shall be paved, all-weather.
e 1 Provide an access roadway to each buildinli! for tire apparatlls. Access roadway shall have an all-weather driving surface
of not less than 2o-feet of unobstructed width.
[J Extend roadway to within ISO-feet of all portions of the exterior .valls of all single-story buildings.
f J Extend roadway to within 50-feet of the exterior walls of all multiple-story buildings.
f J Provide '.No PARKING" signs whenever parking of vehicles would possibly reduce the clearance of access roadways to less
than the required width. Signs are to read "FIRE LANE - NO PARKING" (AU caps). "M.C. Sec. 15.16".
[1 Dead-end streets shall not exceed SOD-feet in length and shall have a minimum 35-(oot radius turnaround.
[] The names of any new streets (public or private) shall be submitted to the Fire Department for approval.
SITE:
[ J
[ J
AU access roads and streets are to be constructed and usable prior to combustible construction.
Private fire hydrants shall be installed to protect each building located more than lSD-feet from the curb line. No fire hydrant
should be within 4D-feet of any exterior wall. The hydrants shall be \'let Barrel type, with one 2l-inch and one 4-inch outlet,
and approved by the Fire Department. Fire hydrants are to be protected from damage by providing suitable traffic barriers.
The area around the fire hydrant shall be designated as a "NO PARKING" zone by painting an 8-inch wide, red stripe for IS-feet
in each direction in front of the hydrant in such a manner that it will not be blocked by parked vehicles. Suitable "NO
P..t.RKING" signs are required.
Public fire hydrants shall be provided along streets at ..ll!!-feet intervals for commercial and multi-residential areas and at
500-feet intervals for residential areas. [nstallation sha1TConform to City specifications and be installed prior to combustible
construction or storage. ..
t'-- ?'<
56
or J
.x
Bt:ILDING:
. )t<:r The address of the structure, in six inch numerals, shall be installed on the building or in other approved location in such a
manner as to be visible from the frontage street. The color of the numbers shall contrast with color of the background.
Identify each gas and electric meter with the number of the unit which it services.
Fire extinguishers must be installed prior to the building being occupied. The minimum rating for any fire extinguisher is
2.'\ 10 SIC. :\finimum distribution of fire extinguishers must be such that no interior part of the building is over 7S-feet travel
distance from a fire extinguisher.
{I All buildings. other than residential over 5,000 square feet, shall be provided with an automatic fire sprinkler system, designed
to NFPA standards.
Submit plans for the fire protection system to the Fire Department prior to beginning construction on the system.
Tenant improvements in all sprinklered buildings are to be approved by the Fire Department prior to construction.
Provide an automatic tire alarm (required throughout). Plan must be approved by the Fire Department, prior to installation.
Fire Department connection to (sprinkler system/standpipe system) shall be required at curb line.
~
;>or
)<
55
57.
58.
59
60.
======================================------ -==--===========- ==== ----- - -=============--==========------===
NOTE: The applicant must~quest. in writing, any change in these or other requirements.
ADDITIONAL INFOR~IA~MJo)( rfiJT;( y j',rQ ()/~(f'p /AJ AI',P-R",v,rp A'df'.-9 nt)A.),
~C'C-<It'DO;( ~Fr;UIL~ ,,~ L.",.7t. Lr-ld'Z .6 _""''r''..
1(92 .rl<rrf Rr-6)c.'lh7? /""JI(Qtof t ~ ;=-/~.,A
It.s.rO'/,(&I,RL ~/r~ /""'n e"'~'''<T;;.''',J!P IVpr #abvFP.
~~ 1~r..JtA-pr Fx/<;r/~t:.. PVOIlA.fJl'S !7A) /u~,., "'I- 4~tt6V~
FPB 170 7/89
\ --i- G. 't-\ ;a...:: l..
A .~~:"-=>_~"""'\
~emardlno City Water Department 'l 2. S
STANDARD REQUIREMENTS , _ lOJ
Review of Plans: # c.. ~ E ~. "1 \ -o? Date:
Lo~ation: ~~ """.-c-- ~;r;:: ~<~-\-,~",,"\~~I.l AI LH\ <?-\-. ..~
Type of Constructlon:("'r.>l..~:F'" .6.. 4"- UI-lrT ~~ (7)?"
C-I\"\~T.o.\,"\". \ ..
Owner/Developer: c:..\ \ ~ "" r 1:::.' <::" I "\" / -- -yo - \ o..-r==~
-
-
'-'
ENGINEERING: Name: ~ \ 14 ~J \ L.U.6.v....::.,
61. ~ P.S.1. ~ ?
62. -:EL Size of Main Adjacent to the Project
63. Q...,pressure Regulator Required on Customer's Side n the Meter.
o Off-site Water Facilities Requiredto Meet Peak Flow Demand.
64.R..Co!!lments:V'n~~~~ ~-~I.I~~ .. '\
~".,.... / _..'_.l__
-
..:. -
Approved:
Denied:
Continued: 7 ke> Iq~
,
Date: ~ 'Z-~ 4 z
....-wL.,<:......_._.~
~,~~v~ .
/
65 . ~ Subject to the Rules & Regulations of the Water Department in effect at the time of Application for Water Service.
D This Area is Serviced by East Valley Water District and All FeeS/Conditions will be Determined by their
Engineering Department.
ENVIRONMENTAL CONTROL OFFICER: Name: - ~ W&n;.-::..nJ_
67. ..& Industrial Waste Permit Required by Environmental Control Officer.
D Grease Trap Required by Environmental Control Officer.
D Pre-treatment Required by Environmental Control Officer.
68. -l2L No Regenerative Water Softeners May be Installed Without Prior Approval.
69. ~ Approved by Environmental Control Officer.
SEWER CAPACITY INFORMATION: Name: ~B \ \- "\ ~t-<\<::..,c:::~
D No Sewer Capacity Fee Applicable at This Time.
70. D Sewer Capacity Fee Must Be Paid to the City Water Department for the Amount of 5?" ~n
..... I
Day. Equivalent Dwelling Units: _ ~O
Subject to Recalculation of Fee Prior to the Issuance of Building Permit.
Proof of Payment Must be Submitted tothe Building & Safety DepartmentPriorto Issuanceofthe Building Permit.
WATER OUAUTY CONTROL DEPARTMENT:
66. k
D
D
D
Name~.uJ VVb.l~
R.P.P. Backflow Device Required at Service Connection.
Double Check Backflow Device Required at Service Connection.
Air Gap Required at Service Connection.
No Backflow Device Required.
D
71. E.
Breakdown of Estimated Gallons Per Day:
4V- U/..1\-"'\ A"P, l( .75 & ~o F:I:>u.:~
'.
_211 13-101
Date:
'1 \~\4 z.
\
Date: 1 \ z.e, \~ z..
Date:
7/;:q/9;:;"
Gallons Per
WATR.3.CM :n:=--=
-
-
-
.
.
CITY OF SAN BERNARDINO STANDARD REQUIREKBNTS - POLICE
DBVBLOPHENTAL/ENVIRONHENTAL REVIEW COHHITTBB
CASB' 9/ - 0'3 DATB 11-1 ~ - 9-?
SINGLE OR MULTIPLE FAMILY RESIDENTIAL DWELLINGS
The following special provisions shall apply to all new
,residential dwellings or those with 50t improvement/alteration:
72. Gar.a.-~VD. doors:
A. Garage type doors which are either rolling overhead,
solid overhead, swinging, sliding, or accordion style
doors shall conform to ~~e following standards:
1. Wood doors shall have panels a minimum of five-
sixteenths (5/16) inch in thicleness with the
locking hardware being attached to the support
framing.
2. Aluminum doors shall be a minimum thicleness of
.0215 inches and riveted together a minimum of
eighteen (18) inches on center along the outside
seams. There shall be a full width horizontal beam
attached to the main door structure which shall
meet the pilot or pedestrian access door framing
within three (3) inches or the strike area of the
pilot or pedestrian access door.
3. Fiberglass doors shall have panels a minimum of six
(6) ounces per square foot from the bottom of the
door to a height of seven (7) feet. Panels above
seven (7) feet and panels in residential structures
have a density of not less than five (5) ounces per
square foot.
B. Where sliding or accordion doors are used, they shall be
equipped with guide tracks which shall be designed so
that the door cannot be removed from the track when in
the closed and locked position.
C. Doors that exceed sixteen (16) feet in width shall have
two (2) lock receiving points, one located on each side
of the door. Doors not exceeding sixteen (16) feet shall
have one lock receiving point placed on either side of
the door. A single bolt may be used in the center of the
door with the locking point located either in the floor
or door frame header.
D. All overhead or swinging doors shall be equipped with
slidebolts which shall be capable of using padlocks with
a minimum nine-thirty-seconds (9/32) inch shackle.
. .
standard Requirements - Police
Single/Multiple Family-
Page 2
1. The entire slidebolt assembly shall be constructed
of case-hardened steel and shall have a frame a
minimum of .120 inches in thickness, and a bolt
diameter a minimum of one-half (1/2) inch, and
shall protrude at least one and one-half (1 1/2)
inches into the receiving quide.
2.
Slide bolt assemblies shall be attached to the
with bolts which are nonremovable from
exterior. Rivets shall not be used to attach
assemblies.
door
the
such
E. Padlocks used with exterior mounted slide bolts shall
have a hardened steel shackle a minimum of nine-thirty-
seconds (9/32) inch in diameter with heel and toe locking
and a minimum five (5) pin tumbler operation. The key
shall be nonremovable when in an unlocked position.
F. Doors using a cylinder lock shall have a minimum five (5)
pin tumbler operation with the bolt or locking bar
extending into the receiving quide a minimum of one (1)
inch.
G. Pedestrian access doors contained in garage type doors
shall comply to the standards set forth in the below
section. .
73. WindOWS/Locks/Doors (Xnc1udina Slidina Glass):
The following requirements must be met for windows, doors
(including sliding glass), and locks:
A. All movable windows and sliding glass doors shall be
constructed and/or equipped so as to prevent them from
being lifted - out of their tracks when in the closed
position.
B. Louvered windows shall not be used when any portion of
the windo.w is less than twelve (12) feet vertically or
six (6) feet horizontally from an accessible surface or
any adjoining roof, balcony, landing, stair tread,
platform, or similar structure.
A. All exterior swinging doors shall be of solid core
construction with a minimum thickness of one and three-
fourths (1 3/4) inches or with panels not less than nine-
sixteenths (9/16) inch thick.
. .
standard Requirements - Police
Single/Multiple Family
Page 3
B. Any swinging door leading from a garage into a residence
shall be of solid core construction with a minimum
thickness of one and three-eighths (1 3/8) inches.
c. The above-described doors shall be equipped with a single
cylinder deadbolt having a minimum projection of one inch
and an embedment of at least three-fourths (3/4) inch
into the strike receiving the bolt. The bolt shall be
constructed so as to resist cutting tool attacks. The
cylinder shall have a cylinder guard, a minimum of five
(5) pin tumblers, and shall be connected to the inner
portion of the lock by connecting screws of at least one
fourth (1/4) inch diameter.
The provisions of this subsection do not apply where
panic hardware is required or an equivalent device is
approved by the enforcing authority. Further, a dual
locking mechanism, constructed so that both deadbolt and
latch can be retracted by a single action of the inside
door knob or level may be used provided it meets all
other specifications for locking devices.
D. Installation and construction of frames and jambs for
exterior swinging doors shall be as follows:
1. Door jambs shall be installed with solid backing in
such' a manner that no voids exist between the
strike side of the jamb and the frame opening for a
vertical distance of six (6) inches each side of
the strike. Finger joints are prohibited within
twelve (12) inches vertically on any locking
device.
2. In wood framing, horizontal blocking shall be
placed between studs at door lock height for three
(3) stud spaces each side of the door openings.
Trimmers shall be full length from the heads to the
floor with solid backing against soles plates.
E. The inactive leaf of double doors shall be equipped with
metal flushbolt(s) having a minimum embedment of five-
eighths (5/8) inch into the head and threshold of the
door frame.
F. Glazing in exterior doors or within forty (40) inches of
a door locking mechanism shall be of fully tempered glass
or rated burglary resistance glazing.
G. Hinges for outswinging doors shall be equipped with
nonremovable hinge pins or a mechanical interlock to
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Standard Requirements - Police
Single/Multiple Family
Page 4
.
preclude removal of the door from the exterior by
removing the hinge pins.
This requirement shall also apply to exterior hinges on
any swinging door which leads from a garage into a
residence.
H. Strikeplates shall be constructed of minimum sixteen (16)
U. S. gauge steel, bronze or brass, a minimum of three and
one-half (3 1/2) inches in length and secured to the jamb
with screws a minimum of two and one-half (2 1/2) inches
in length.
I. All front exterior doors shall be equipped with a wide
angle one hundred eighty (180) degree door viewer, except
where clear vision panels are installed.
J. When panic hardware is required by the Uniform Building
Code or Title 24, California Administrative Code, it
shall be equipped and installed as follows:
1. Panic hardware shall contain a minimum of two (2)
locking points on each door, one located at the
head, the other at the threshold of the door, or
2. On single doors, panic hardware may have one
locking point which is not to be located at either
the . top or bottom rails of the door frame. The
door shall have an astragal constructed of steel
.125 inches thick which shall be attached with
nonremovable bolts or welded to the outside of the
door. The astragal shall extend a minimum of six
(6) inches vertically above and below the latch of
the panic hardware. The astragal shall be a
minimum of two (2) inches wide and extend a minimum
of one (1) inch beyond the edge of the door.
3. Double doors containing panic hardware shall have a
full length steel astragal attached to the doors at
their meeting point which will close the opening
betw~en them but not interfere with the operation
of either door.
74. Address Mar~iDa. and Liah~iDa:
K. The following provisions for address markings shall apply
to residential dwellings:
1. All residential structures shall display a street
number in a prominent position so that it shall be
easily visible from the street. The numbers shall
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standard Requirements - Police
Single/Multiple Family
Page 5
be four (4) inches in height, of a color
contrasting to the background, and located so they
may be clearly seen and read. If the structure has
rear vehicle access, number shall be placed there
as well.
2. At each driveway entrance to a multiple-family
dwelling complex or a private residential community
which has access from a public roadway, there shall
be an illuminated diagrammatic representation (plot
plan) of the complex which shows the location of
the viewer and the building units within the
complex.
3. In mUltiple-family dwelling complexes, any building
having a separate identifying factor other than the
street number shall be clearly identified in the
manner prescribed in subsection (k), infra. Each
individual unit of residence shall have a unit
identifying number, letter, or combination thereof
displayed upon the door.
4. Buildings shall be numbered in logical, sequential
order with the approval of the enforcing authority.
s. This section shall not prevent supplementary
numbering such as reflective numbers on street
curblS or decorative numbering, but this shall be
considered supplemental only and shall not satisfy
the requirements of this section.
6. Maps of the complex shall be furnished to the
police and fire departments upon completion of
construction. The maps shall include building
identification and unit identification.
7. The roofs of multiple-family buildings shall have
addressed numbers affixed to the top. The numbers
shall be a minimum of three (3) feet in length and
two (2) feet in width and of contrasting color to
the'.background. The numbers shall be placed
parallel to the street address as assigned. Each
building shall have its own address/assigned number
affixed to the roof of a multiple-family complex.
L. All exterior doors shall be equipped with a lighting
device which shall provide a minimum maintained one (1)
footcandle of light at ground level during hours of
darkness. Lighting devices shall be protected by vandal
resistant covers.
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standard Requirements - Police
single/Multiple Family
Page 6
M. Aisles, passageways, and recesses related to and within
multiple-family dwelling complexes shall be equipped with
lighting devices which shall provide a minimum maintained
one (1) footcandle of light at ground level during hours
of darkness. Lighting devices shall be protected by
vandal resistant covers.
N. All parking lots, carports, garages, and parking
structures or multiple-family dwelling complexes shall be
equipped with lighting devices which will provide a
minimum maintained one footcandle of light on the parking
surface during hours of darkness. Subterranean parking
lots shall maintain lighting twenty-four (24) hours a
day.
Lighting devices shall be protected by vandal resistant
covers, are to be "shake" proof, and are to be
inaccessible to common reach or climbing.
o. All exterior required lighting devices shall be placed at
a height which will fully illuminate an average adult.
75.
Jlisce11ll1leous:
P. In multiple-family dwelling complexes where a common
laundry is supplied, the laundry room's access door shall
be equipped with a window, self closure device, and self
locking door lock which can be manually disengaged on the
interior. Lighting shall be maintained inside the
laundry room during hours of darkness.
Q. When access to or within a multiple-family dwelling
complex or private residential community is unduly
difficult because of secured openings or where immediate
access is necessary for lifesaving or fire fighting
purposes, a key override is to be installed in an
accessible location. The key override shall be mastered
to both fire department and police department keys.
R. All skyliqhts on the roof of any residential structure
shall be provided with rated burglary resistant glazing.
s. Passenger elevators, the interiors of which are not
completely visible when car door(s) is open, shall have
mirrors so placed as to make visible the whole of the
elevator interior to prospective passengers outside the
elevator.
T. Whenever a mail slot is located within forty (40) inches
of the primary locking device on any exterior door, it
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Standard Requirements - Police
Single/Multiple Family.
Page 7
shall be covered by an interior hood which will
discourage manipulation of the primary locking device.
U. All exterior block wall fencing of multiple-family
dwelling complexes shall have intervals providing
visibility corridors which will allow visibility of the
interior from outside the wall, and these visibility
corridors shall be placed at regular intervals. These
will be required on the side facing the street only.
V. Permanently affixed ladders leading to roofs shall be
fully enclosed with sheet metal to a height of ten (10)
feet. This covering shall be locked against the ladder
with a case hardened hasp, secured with nonremovahle
screws or bolts and a padlock with a minimum three-
eighths (3/8) inch hardened steel shackle, locking at
both heel and toe, and a minimum five (5) pin tumbler
operation with nonremovahle key when in an unlocked
position. Hinges on the cover will be provided with
nonremovable pins when using pin type hinges.
W. All parking spaces are to be visible from the interior of
at least one unit within the complex.
X. If alarm systems are installed into residential
dwellings, the occupant must contact the Crime Prevention
Unit of the San Bernardino Police Department to obtain an
alarm permit.
76. Additional Reauirements:
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CITY OF SAN BERNARDINO
DEPARTMENTS OF
PARKS, RECREATION AND COMMUNITY SERVICES
PLANNING DEPARTMENT
PROCEDURE
AND
POLICY
FOR
LANDSCAPING AND IRRIGATION
MULTI UNIT
COMMERCIAL
INDUSTRIAL
January ,-1992
.
Table of Contents
.1. Purpose
II. Submittals
A. Number of Plans and Submittal Procedures
B. Landscape Plans
C. Irrigation Plans
III. Landscape Areas
A. Maintenance of Landscaped Areas
B. Planter Areas
C. Interior Planter Areas
D. Irrigation
E. Setback Areas
F. Slope
G. Ground Cover and Bedding Material
H. Erosion Control
I. Weed Control
IV. Plant Materials
A. Plant List and Climatic Conditions
B. Street Trees
C. Plant Mater~al
V. Inspection
A. Irrigation System
B. Landscaping
VI. Other Requirements
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CITY OF SAN BERNARDINO
REQUIREMENTS FOR SUBMITTAL AND APPROVAL OF
LANDSCAPE AND IRRIGATION PLANS:
1. PURPOSE
The intent and purpose of these guidelines is to provide:
1. Guidance in the required submittal of landscape and irrigation
plans.
2. Guidance in meeting street tree requirements.
3.. Guidance in selection of plant material.
4. Guidance in what the plans (landscape and irrigation) shall show.
II. SUBMITTALS
A. NUMBER OF PLANS AND SUBMITTAL PROCEDURE
rIVE (5) copies each of landscape and irrigation plans shall be sub-
mitted to the Public Works/Engineering Department along with payment
of the appropriate Landscape Plan Review Fee.
B. LANDSCAPE PLANS
1. Shall be drawn by one of the following:
A. A registered landscape architect.
B. A licensed landscape contractor who installs the actual
landscape.
C. A nursery.
D. The owner.
NOTE: The name, address, telephone number, along with signature of the
person(s) who do the design shall be on the plans. Registered
landscape architects and licensed landscape contractors shall
include their registration numbers and/or license numbers.
2. Plans shall be legibly drawn to scale on paper no smaller than
18" x 24" and no larger than 24" x 36".
3. Plans shall show location of the property by vicinity map and
nearest cross streets and give the property address or assessor's
parcel number.
4. Plans shall show location of existing and proposed utilities - above
ground and underground.
5. Plans shall show type of zoning, the scale, and northerly directional
arrow.
6. Plans shall contain plant legends for all existing and proposed
plant material. The legE!:nd shall be as follows:
2
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7. Plans shall show exiting and proposed plant material drawn to
scale at their mature size.
8. Plans shall contain landscape specifications and details.
9. Plans shall show all required landscape areas protected from
parking areas with concrete curbing.
10. Plans shall show the name, address, and telephone number of
property owner or developer.
C. IRRIGATION PLANS
1. All required landscaping shall be provided with an automatic
irrigation system.
2. Plans shall be submitted with, attached to, and the same size as
landscape plans.
3. Plans shall address conservation of water and energy.
A. Components - low gallonage and low precipitation heads,
drip systems and other sub-surface techniques, mini jet
heads, moisture sensing devices, controllers with ability
of variable programming.
B. Efficiency - velocity shall be close as possible to 5 feet
per second. Plant material with different water requirements
shall be on separate valves. Slopes shall be on separate
valves. System design shall eliminate costly, wasteful,
overthrow and runoff.
4. Plans shall show:
A. Static P.S.I.
B. Service Main - type, size and length.
C. Water Me'ter - location and size.
D. Approved Backflow Prevention Device - location and size.
E. All locations of pipe, valves and heads, (includes emmitters, etc.)
5. Slopes required to be planted shall be provided with efficient and
water conserving irrigation systems.
NOTE: Actual water application rates shall be applied, as soil
absorption rates dictate. Over watering shall be avoided.
6. All sprinklers shall be installed with approved swing joints.
7. All above ground sprinklers shall be the pop up type, installed
flushed with the soil. Exposed sprinklers on risers above ground
are acceptable in limited areas with ''bubbler'' type sprinklers
and do not border sidewalks, walkways, or areas subject to
pedestrian traffic.
8. Separate water meter for landscape irrigation is optional at owners
request and expense.
NOTE: Owner must notify the Water Department.
9. Plans shall contain installation specifications and details.
10. Plans shall contain irrigation legends as follows:
11. All Irrigation lines under concrete or asphalt to be sleeved
EQUIPMENT
.y'llbol Manufacturer Model /J )escription Nozzle Radius GPM PSI
3
.
.
PIPE
Size Type Class Schedule
Note: Pipe sizing, (size) shall also be shown at each section of
pipe, (mains and laterals).
VALVE CHART
Valve Valve Size GPM
1/1 2~" 43
1/2 l~" 27
ETC. ETC. ETC.
Total II Valves Total GPM
Note: All valves shall be numbered.
FRICTION (PSI LOSS)
II II Water Meter PSI
Backf10w Device PSI
Elevation Changes PSI
Pipe PSI
Valves, Fittings, Miscellaneous PSI
Total PSI Loss PSI
Original PSI (static) PSI
Less Total PSI Loss PSI
Equals
Minimum to Farthest HD PSI
III. LANDSCAPE AREAS
A. MAINTENANCE OF LANDSCAPED AREAS
The maintenance of landscaped areas and graded slopes shall be the
responsibility of the developer until the transfer to individual
ownership.
B. PLANTER AREAS
All required landscaping shall be protected by an enclosed concrete
curbing.
4
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C. INTERIOR SITE PLANTING AREAS
Interior planting shall be required and maintained equal to at least
15 percent of the open surfaced parking area excluding the area of
landscaping strip required in the front yard setback area and shall
include at least one tree for every five spaces or major fraction
thereof. Measurements shall be computed from the inside or perimeter
walls or setback lines.
D. IRRIGATION
All required landscaping shall be provided with automatic sprinkler
facilities which shall be maintained in an operative condition.
Utilize only reduced pressure (rp) devises or double check valve
assembly. No atmospheric vaccuum breakers are permitted.
E. SETBACK AREAS
All required setbacks abutting a public right-of-way shall be land-
scaped (except for walks and driveways which bisect or encroach opon
the required landscape area). The required setbacks shall be land-
scaped with trees, shrubs, and groundcover. Landscaped earth berms
shall be erected and maintained within the setback along the above
indicated property line. Bermed areas shall have a maximum of 3:1
slope and be planted with a tall fescue type turf grass, or other
apprtoved landscaping.A.~inimum of 6 feet of landscaping shall be placed
on he exter10r ~f per.weter wails and tences
F. GROUND COVER AND BEDDING MATERIAL
Gravel and decorative rock are not appropriate materials to be used
as ground cover or-bedding material.
G. SLOPES
1. To protect against damage by erosion and negative visual impact,
surfaces of all cut slopes more than five feet in height and fill
slopes more than three feet in height shall be protected by land-
scaping. Slopes exceeding 15 feet in vertical height shall also
be landscaped with shrubs, spaced at not to exceed twenty (20)
feet on cetners; or a combination of shrubs and trees as cover
plants. Plant material selected and planting method used shall be
suitable for the soil and climatic conditions of the site. Public
Works/Engineering will also approve these.
2.. Plant sizes shall be as follows:
A. Trees 20% - 24" box
~ao~ - 15 gallon
B. Shrubs 50% - 5 gallon
50% - 1 gallon
C. Groundcover 100% - coverage when mature or a"' a.c.
5
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3. The maintenance of graded slopes and landscaped areas shall be
the responsibility of the developer until the transfer to individual
ownership.
4. All grading and drainage facilities, including erosion control
planting of graded slopes, shall be done in accordance with a
grading plan approved by the City Engineer. A grading permit
shall be obtained prior to any grading being done.
H. EROSION CONTROL
All grading and drainage facilities, including erosion control planting
of graded slopes, shall be done in accordance with a grading plan approved
by the City Engineer. A grading permit shall be obtained prior to any
grading being done.
1. WEED CONTROL
Pre-emergence control, post-emergence control and cultural control of
weeds shall be addressed in the landscape specifications.
IV. PLANT MATERIALS
A. CLIMATIC CONDITIONS AND PLANT LISTS
Due to the hot and dry climate of San Bernardino, drought and heat
tolerant material may be used upon prior approval.
B. STREET TREES
Street trees shall be required. Tree varieties and exact location
will be determined by the Director of the Parks, Recreation and
Community Services Department or his/her designee. The Parks, Rec-
reation and Community Services Department shall mark locations and
inspect plant material on site, prior to planting. Sidewalks, curb
and gutter, must be clean of debris prior to marking. A 24 hour
notice is required for inspection. (see attached specifications for
Street Tree planting and Street Tree list). The size of the Street
Trees shall be: 1. All 24 inch box specimans,
The 24 inch box trees shall be planted as street
trees within the public parkway or City property.
C. PLANT MATERIAL
Landscaped areas shall have plant material selected and planting methods
used which are suitable for the soil and climatic conditions of the
site. Sizes of the plant materials shall conform to the following
mix:
Trees 20%, 24" box; 50%, 15 gallonH5%, 36" box;15%, 48" box;
Shrubs 80%, 5 gallon;20%, 1 gallon
Groundcover 100% coveragE\' or 8" on c.o.
D. CONCRETE MOW STRIPS
Cgnc;r~t!! .IJ!Qw 1I~[ips are required to separate all turf areas from other land::.
sc:a,ed area'" ~or all developments except single family residential (see res-
idential requirements )
E. Where trees are planted in pavel! areas, They shall have a protective tree
grates shall be caste iron with a natural finish. A deep root system shall be
used
6
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.
V. INSPECTION
(714) 3845314
(714) 3845217
A. IRRIGATION SYSTEM
1. Inspections shall be performed by a Park and Recreation Department
representative at the following:
A. Pressure test of irrigation main line (150 PSU for 2 hours)
B. Coverage test and final acceptance.
2. Do not allow or cause the above items to be covered up. until it
has been inspected and approved by a Park Department representative.
A4$ hour notice shall be given prior to anticipated inspections.
B. LANDSCAPING
1. Inspections shall be performed by a Park and Recreation Department
representative at the fOllowing:
A. Upon completion of finished grade, soil preparation and final
rake out.
B. When trees and shrubs are spotted for planting, with one
example of planting hole for trees and one for shrubs.
C. Final inspection when planting and all other specified work
has been completed.
2. A48 hour notice shall be given prior to anticipated inspections.
VI. OTHER REQUIREMENTS
A. Notify Parks, Recreation and Community Services Department of commence-
ment of landscaping. Give anticipated time line (start to finish).
B. All landscaping, irrigation and street trees shall be installed and
maintained in accordance with City of San Bernardino Municipal Codes,
ordinances and standard requirements.
C. Material requirement for all plant material shall be number one (1)
grade of the California Nursery Industry Certificate as issued by the
Agricultural Commissioner of the County of origin.
D. All landscape material, irrigation equipment, irrigation components
and workmanship shall be guaranteed for a period of not less than
one (1) year from date of final approval by the Director of Parks,
Recreation and Community Services or his/her designee. The conditions
of the guarantee will be to insure, but not limited to all plant
material being in healthy condition and free from abnormal conditions
which may have occurred during or after planting, such as defoliation
or structure dieback.
E. ASSESSMENT DISTRICTS
CONTACT THE CITY PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT FOR
ASSESS~~T DISTRICT'S LANDSCAPE REQUIREMENTS. ALL OTHER ITEMS OS ASSESS-
MENT DISTRICTS IS COVERED BY PUBLIC WORKS/ENGINEERING.
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