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Home My WebLink About27-Development Services MAYOR & COMMON COUNCIL MEETING BACKUP MEETING DATE: May 20, 2002 Mayor and Common Council / GROUP MEETING: Community Development Commission DEPUTY: Linda Hartzel . *** No backup materials are included for the following items. *** ITEM # STATUS 23 Laid over 26 Continued to June 17, 2002 27 Laid over (ordinance only) , '- CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTIOl'\ From: James Funk, Director Dept: Development Services Subject: Development Code Amendment to 1 clarify the definitions of Hotels and Motels and to establish Extended Lodging Facilities; a Conditional Use Permit to establish an Extended Lodging Facility; and a Tentative Parcel Map to subdivide one parcel into two parcels. Date: May 10,2002 ~(Q)\?V l MCC Date: May 20, 2002 Synopsis of Previous Council Action: March 18,2002. The Mayor and Common Council considered the request and continued to April 1,2002, April 15, 2002. May 6, 2002, and May 20, 2002. That the hearing be closed, and that the Mayor and Common Council: . Adopt the Negative Declaration for Development Code Amendment No. 01-02, . Adopt the Mitigated Negative Declaration for Conditional Use Permit No. 01-03 and Tentative Parcel Map No. 15635 and the Mitigation Monitoring and Reporting Plan for Conditional Use Permit No. 01-03, . Approve Development Code Amendment No. 01-02 based on the Findings of Fact contained in the Planning Commission Staff Report, and waive the first reading and layover the ordinance for final adoption, and . Approve Conditional Use Permit No. 01-03 and Tentative Parcel Map No. 15635, based upon the Findings of Fact contained in the Planning Commission Staff Report and subject to the Conditions of Approval and Standard Requirements. . ~!:~ Contact person: V:.llprlp r Rnl;;:I;;: phnnp' lR4_'iO'i7 Supporting data attached: Stoff Report. ordinoDce Ward: DC A CitywideIC! rP/TPM-I FUNDING REQUIREMENTS: Amount: N/A Source: (Ace!. No.) (A....,..t npl;;:f'nptlnn) Finance: Council Notes: 5J~DJD4' . J..7 Agenda Item No. , '<. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: Development Code Amendment No. 01-02; Conditional Use Permit No. 01-03: Tentative Parcel Map No. 15653 Mayor and Common Council Meeting of May 20, 2002 BACKGROUND At the Mayor and Common Council meeting of March 18,2002, staffrecommended approval of the Development Code Amendment to establish Extended Lodging Facilities, define the differences between Hotels, Motels, and Extended Lodging Facilities, and establish development standards for each type of facility. Although the applicant agreed with many of staffs recommendations, they requested that the City allow continuous lodging longer than a maximum of 30 days. At the request of the applicant, the item was continued to allow staff and the applicant to meet and discuss the length of stay provisions. Attachment 1 ofthe Ordinance includes the revised Development Code language as agreed upon by staff and the applicant. Staff included a requirement that Extended Lodging Facilities contain a minimum of 100 rooms to help ensure that future facilities would not become problematic. The key change is to provision No.11, which outlines the permitted lengths of stay. FINANCIAL IMPACT None, the applicant has submitted the application filing fees for this project. RECOMMENDATION Staff recommends that the Mayor and Common Council: . Adopt the Negative Declaration for Development Code Amendment No. 01-02, . Adopt the Mitigated Negative Declaration for Conditional Use Permit No. 01-03 and Tentative Parcel Map No. 15635 and Mitigation Monitoring and Reporting Plan for Conditional Use Permit No. 01-03, . Approve Development Code Amendment No. 01-02, as amended in Exhibit 4, based on the Findings of Fact contained in the March 18,2002 Staff Report, . Approve Conditional Use Permit No. 01-03 and Tentative Parcel Map No. 15635, based upon the Findings of Fact contained in this Staff Report and subject to the Conditions of Approval (Attachment C) and Standard Requirements (Attachment D). Exhibits 1 Ordinance ) ~ C OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY The City received several comments to the Initial Study. These comments are attached to this document as Appendix A. Discussion regarding the comments is provided individually below. Comments Received from Kleinfelder (letter dated August 22, 2001) The comments received from Kleinfelder were generally incorporated into the Mitigated Negative Declaration, with two exceptions. First, the commentor requested that amendments be made regarding the size of fill material, and the lift thickness (comment #4). Although the Closure Plan does state that the debris may be 8 inches in diameter in 12 inch lifts, the Geotechnical report prepared for the proposed hotel requires that all material be 4 inches in diameter or less, in 6 inch lifts. Therefore, in order to adequately mitigate the potential impacts of construction of the hotel on the site, the mitigation measures have been amended to require that the top 3 feet of fill include solid material no more than 4 inches in lift of 6 inches. Second, the commentor requested that references to loss of useful land for development include a reference to San Bernardino County Flood Control restrictions (comments #3 and #5). However, if the site were fully remediated, it would be possible for development to occur within the 100 foot boundary, should it be properly engineered. The requirement for the setback imposed by Flood Control is directly related to the landfill materials remaining on the site. The restriction is a result of the Closure Plan, not a cause of the loss of developable land. Therefore, the narrative has not been amended. Comments Received from the County Department of Public Health (letter dated August 30, 2001) Comments noted. No amendment to the Mitigated Negative Declaration necessary. Comments Received from the Department of Toxic Substances Control (letter dated September 7, 2001) The response to these comments is enumerated below, using the numbering in the letter. 1) Comment noted. The Addendum specifically states that extensive analysis has already been completed on the site. The Addendum further includes mitigation measures requiring that a Registered Environmental Assessor be on-site during all landfill removal activities. 2) Comment noted. The Addendum specifically states that a number of studies have been performed, and the potential impacts are to be mitigated through implementation of the Post Closure Land Use Plan and the mitigation measures included in the Addendum. These mitigation measures will reduce the potential impacts to human health to a less than significant level. IS 32 ~,,1 ~ . L . OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY 3) Comment noted. The investigation has already been conducted. The Addendum repeatedly refers to the Post Closure Land Use Plan, and other previous studies which established the content of the site, the potential hazards associated with the site, and the methods for remediation. These and the mitigation measures included in the Addendum will reduce the potential impacts to a less than significant level. 4) Comment noted. The investigation has already been conducted. The Addendum repeatedly refers to the Post Closure Land Use Plan, and other previous studies which established the content of the site, the potential hazards associated with the site, and the methods for remediation. These and the mitigation measures included in the Addendum will reduce the potential impacts to a less than significant level. 5) Comment noted. The investigation has already been conducted. The Addendum repeatedly refers to the Post Closure Land Use Plan, and other previous studies which established the content of the site, the potential hazards associated with the site, and the methods for remediation. These and the mitigation measures included in the Addendum will reduce the potential impacts to a less than significant level. 6) Comment noted. As stated in the Addendum, the proposed use of the site is for a hotel. No hazardous materials storage is anticipated. 7) Comment noted. The investigation has already been conducted. The Addendum repeatedly refers to the Post Closure Land Use Plan, and other previous studies which established the content of the site, the potential hazards associated with the site, and the methods for remediation. These and the mitigation measures included in the Addendum will reduce the potential impacts to a less than significant level. 8) Comment noted. The investigation has already been conducted. The Addendum repeatedly refers to the Post Closure Land Use Plan, and other previous studies which established the content of the site, the potential hazards associated with the site, and the methods for remediation. 9) Comment noted. The investigation has already been conducted. The Addendum repeatedly refers to the Post Closure Land Use Plan, and other previous studies which established the content of the site, the potential hazards associated with the site, and the methods for remediation. These and the mitigation measures included in the Addendum will reduce the potential impacts to a less than significant level. IO)Comment noted. The proposed project is not on a Border Zone Property. The proposed project is to occur on the landfill site, after it has been remediated. ll)Comment noted. The investigation has already been conducted. The County of San Bernardino LEA will approve or disapprove the Closure Plan, and any associated methods for remediation. These methods will be in conformance with all local, state and federal standards. Capping is already included in the proposed remediation proposal. 12 )Comment noted. That mitigation measure has been added as # 15 under Earth Resources. 13)Comment noted. The CEQA checklist has been addressed. The checklist included in the CEQA guidelines is suggestive, not mandated, and can be amended by local jurisdictions. In response to the commentor, however, the site is not within 1/4 mile of a school, has been listed as a contaminated site (thus the need for a Post Closure IS 33 I - , C. OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Land Use Plan and associated studies, is not within an airport land use plan or airstrip, would not impair implementation of an emergency evacuation plan, and is not within a wildland fire hazard area. 14 )(Listed as 13) The groundwater investigations have been conducted, as stated in the initial study. Monitoring of resources is part of the Post Closure Land Use Plan. 15 XListed as 14) Comment noted. The Addendum includes mitigation measures requiring on-site evaluations by a Registered Environmental Assessor who will be empowered to stop work for testing, evaluation or other reasons, as he professionally sees fit. Comments Received from the County Department of Public Works (letter dated September 5, 2001) Comments noted. The comments made are either already part of the Mitigated Negative Declaration, or included in the City's standard conditions of approval for any project. Comments Received from the California Department of Fish and Game (letter dated September 5, 2001) The commentor requests the preparation of a biological resource survey, and compliance with the mitigation measures required in that survey for impacts to the San Bernardino kangaroo rat. In response to the commentor's request, the project proponent commissioned a trapping study for San Bernardino kangaroo rat. The resulting report, in the form of a letter dated November 5, 2001, signed Leo Simone, LSA Associates, and attached to this document, concludes that after 5 nights of trapping, no San Bernardino kangaroo rat (SBKR) was found at the site. The City, upon review of this letter report, requested further analysis of LSA Associates, regarding the inclusion of the subject property in the proposed critical habitat boundary for the SBKR. In a letter dated November 21, 2001, Jack Easton, LSA Associates, provided analysis regarding the criteria for critical habitat for the SBKR, and the applicability of these criteria to the proposed project site. In addition to the conclusions of the trapping study, which found no SBKR at the site, the analysis clearly demonstrates that the site does not meet the criteria established by the U.S. Fish and Wildlife Service for proposed critical habitat for SBKR. The letter reports submitted to the City provide sufficient information to conclude that there will be no impact to San Bernardino kangaroo rat due to development at the project site. (Both letter reports submitted by LSA Associates are attached to this report as Appendix 8.) IS 34 # . C. OF SA:-.r BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY APPENDIX A COMMENT LETTERS RECEIVED IS 35 " ~ August 22, 2001 Project No. 56-2079-01 Mr. Joe Bellandi City of San Bernardino Development Services Department 300 North D Street San Bernardino, California 92418 Subject: Comments on the City of San Bernardino Draft Initial Study for Conditional Use Permit No. 01-03; Tentative Parcel Map No. 15635 Northeast corner of Waterman Avenue and Vanderbilt Way San Bernardino, San Bernardino County, California Dear Mr. Bellandi: Kleinfelder has reviewed the Draft Initial Study and "Notice of Completion" for the subject project located at the northeast corner of Waterman Avenue and Vanderbilt Way in the City of San Bernardino, California. Based on our review, Kleinfelder has several comments regarding discrepancies between the Draft Initial Study (IS) dated July 26, 2001 and the Post Closure Land Use Plan (Closure Plan) dated July 2, 2001, prepared by Kleinfelder, Inc. COMMENTS 1. Page IS 17, item 3: "No Structures shall be constructed within 200 feet of the northern boundary on any portion of the entire 9.1 acre site in perpetuity, or until such time as this area has been properly remediated under an approved Closure Plan in conformance with all standards and regulations in place at the time." Comment: Removal and processing of landfill debris has been controlled in part by a restricted development zone in place by the San Bernardino County Flood Control District. At the time of preparation of the Post Closure Land Use Plan (PCLUP) the restricted development zone was 200 feet wide along the northern boundary parallel to the Santa Ana River. However, since the preparation of the PCLUP the width of the restricted development zone has been reduced to 100 feet wide. Item 3 should incorporate the following; "No structures shall be constructed within 100 feet of the northern boundary, or within 15 feet horizontally from any left-in-place landfill debris, which ever is greater, on any portion of the entire 9.1 acre site in perpetuity or until such time as the is area has been properly remediated under an approve Closure Plan in conformance with all standards and regulations in place at that time, and the San Bernardino COllnt)' Flood Control District reduces the width o,fthe restricted development zone." 2. Page IS 17, item 4: "All grading plans for any project on the 9.1 -acre site shall show the location of the 200 foot restricted development zone." 56-2079-0 I/KleinfelderCmts8/23 .doc Copyright 2001 Kleinfelder,lnc. Page 1 of3 August 22, 200 1 'l' ., Comment: As indicated above the restricted use zone width has been reduced from 200 feet to 100 feet. Item 4 should incorporate the wording; "All grading plans for any project on the 9.1 -acre site shall show the location of the 100 feet wide restricted development zone and horizontal limits of left- in-place landfill debris." 3. Page IS 18, Paragraph 1: The sentence "In the long term. the Closure Plan results in the permanent loss of this land for development, since no structures can occur within 200 feet of the northern property line." Comment: As aforementioned, the restricted use zone width has been reduced from 200 feet to 100 feet wide. This sentence should incorporate the wording; "In the long term, the Closure Plan and the San Bernardino County Flood Control restrictions result in the permanent loss of this land for development, since no structures can occur within 100 feet of the northern property line or within 15 feet horizontal of the left in place landfill debris." 4. Page IS 18, h) items 2 and 3: These items refer to a maximum dimension of fill material not to exceed 4-inches in diameter and maximum lift thickness of 6 inches. Comment: The Post Closure Land Use Plan presents grading recommendations for processing of debris and fill placement. The recommended maximum dimension of processed on-site debris is 8 inches with maximum fill lift thickness of 12 inches. 5. Page IS 19, Paragraph 1: The sentence "In the long term, the Closure Plan results in the permanent loss of this land for development, since the risk of settlement within 200 feet of the northern property line is too high." Comment: As aforementioned the restricted use zone width has been reduced from 200 feet to 100 feet wide. This sentence should incorporate the wording; "In the long term, the Closure Plan and the San Bernardino County Flood Control restrictions result in the permanent loss of this land for development, since the risk of settlement is too high within 15 feet horizontally of the left-in-place landfill debris and within 100 feet of the northern property line." 6. Page IS 20, d) item 1: "All areas of the site located north of the 200-foot restricted development zone, as mapped in the closure plan, shall be capped with soil, and overlain with asphalt, as required by the Plan." Comment: The restricted development zone has been reduced to 100 feet wide. Item I should incorporated the wording, "All areas of the site located north of the JOO-foot wide restricted development :one andlor underlain by left-in-place landfill debris as mapped in the closure plan, shall be capped with soil, and overlain with asphalt, as required by the Plan." 56-2079-01/KleinfelderCmts8/23.doc Copyright 2001 Kleinfelder. Inc. Page 2 00 August 22. 200 t .' ", If YOll have any questions or comments, please do not hesitate to contact our office at 909.793.2691. RespectfuIIy submitted, KLEINFELDER. INC. Michael O. Cook, R.G., C.E.G. Senior Engineering Geologist Allen D. Evans, P.E. Area Manager cc: Margaret Thomas, BP California 56-2079-0 1/KleinfelderCmts8123 .doc Copyright 2001 Kleinfelder. Inc. Page 3 00 August 22, 200 1 -. .."'......---, -- ---..- .. ,,'ioCli~ .....~et .......oUc:I.:n:l...blOt::flD liU ~ \!=.h~ U 'L/ l.S I i .' DEPARTMENT OF PUBLIC 1._ALTH SEP a 4 200 __. - &""""-A a/3 ENVjRONMENTAL HEALTH SERVICES DEVELOPMENT SalVI Wfsp Norlll AmwIlead AVI!IlUe . Saallemanlino, CA 9241~60 . (909) ~""iWaMENT o 1647 East Holt_WId . Ontario, CA 91764 . (989)4li3-9&13 o 1550:1 Chle Drive . VIl:tonlIe. CA 92392 . (7eO) 243-1141 o 17780 AmIw Boulevard . FoalaDa. CA 9233S . (909) 3S6-&444 o SaIl BemanlllII CoIlllJ Veclar Colllral Progran 2355 East FiIllI Street . San Beman&no. CA 92415.0064 . (909) 388-4&00 August 30, 200 I coum OF SAN IERNARo1NO HllMAN SEIIVlCfS SYS1BI THOMAS J. PReNOeIlGAST. JFt. lAD, lAPH OlleclOr ~ I'UOIiC He8llll DANIELJ. AVERA. RBiS CI1I81. DMsIOn or Envllonmontal ~ Joe Bellandi, Associate Planner City of San Bernardino Development Services Department 300 North "Dn Street San Bernardino, CA 92418 AIfO seMng: _ dills at -- --- _ 0N0ri0 ..loW.... Ntdl6~ """"- Ch'nO fila I'IdD Cooan s.._ --- GliItdTItt'laOe l1p&Md _v-_ -- Yma Uoda 'iuoca~ RE: LEA COMMENTS ON THE INITIAL Sl1JDIES FOR THE PROJECI': Subdivisioll No. 01-01. Conditional Use Permit No. 01-03 and Development Code AmendllleDt No. 01-02 Dear Mr. Bellandi: Thank you for me opportunity to review the above-stated Initial Studies. The LEA has reviewed the environmental documents and offers the following comments and assessment of the proposed environmental documents based On Our understanding of the project and the supportins; documents. The City of San Bernardino, acting as Lead Agency, has prepared and circulated this NOP to prospective Responsible Allc:ncies in order to help identi1Y and evaluate plllential mviromnmtal impacts and/or Responsible Agenr.y concerns that could occur with the approval of the proposed project. The proposed project will require approval of the Post Closure Land Use Plan by the LEA and other agencies. The site is located on the northeast comer ofWatcnnan Avenue and Vanderbilt Way. The parcel conu.ins approximately 110,00 cubic yards of illegally dwnpc:d materials. A draft Closure Plan was developed for this site and the LEA recommended xe-naming the document a Post Closure Land Use Plan per the requirements found in Title 27 of the California Code of Regulations. One Closure document exists and it is entitled "Post Closure Land Use Plan." This plan proposes me IlXcavation of the southerly half of the site and capping the northerly half with geogrid fabric, soil and aspbal~ The Lead Agency has identified several areas with potentially significant impacts unless mitigation measures are incorporated. These areas include: Earth Resources, Water, Air Quality. T ranspom.tionlCircuiation, and Hazards. Mitigation measures have been identified in the Initial Study and will reduce or eliminate the impacts to public health and safety and the environment. The LEA staff has no questions or further COIllIlll:llts on the project as proposed at this time. If you have any questions please call me at (909) 387-4655. s~ 4d~ Jacquelyn Adams, REHS Waste Management/LEA Section JA:ar S:\Adana\UA.Conlnsa IAiiaIS~plS.~a.JO.OI.doe .~':::'i...:..:u: :-:. ~.~::~~:=:.: . ....j.~:x:=. :..!;:::~;.,::..s.::"\ ;oz:.:: ~ SLi.~:!!""':$c'$ (;"":':';'( ~. -:"JA~1:$. . . . . . . , . , . , . . .. ::i ""$". .;"~~";c: :-3}!~lS "'A~.jS='::T.'3'::~ ........ 7:",::rc: O:S;:I;i .:c\. ::-. :~~:\<:!'~3 ... . .. Sf:)!".o.~;c.: n!$:;:~ct t'R!;j .~.~:;iI..R .. . ........... ::~'..~ O!C'l':-;o: .J!~~'.~ ~~i!S ............,..... i=:~!~ ~I!t:,~:;: \;0;';;-;:: ..;..~::::.~.~::;;~!....'~ ,:;:;:.;;~: .::.:;~:~;:t.f';:~ :';.-::;,,:;"'~-' ,~.:::...:..:s:~:,;:,:~ .' -0 - -- ...-.. ---, -- ---..... . ...::;.........:t ..u.':O....g~g....1:IIUc::n:' ~/7 "''''~A Department of Toxic Substances Control Edwin F _ LOWlY. Dlrectcr 5796 COrporaleAvenue DtPress, caifomia 90630 e WinsIan H. Hil;Icmc ~s.....\lLtaat C;1ifOmia EIlvilalrnellla PrOledloaAgency September 7, 2001 GnIy DIMs GlMmlIr Mr. Joe Bellandi City of San Bernardino 300 North "0" Str8et San Bernardino, Califvmia 92418 MITIGATED NEGATIVE DECLARATION FOR THE EXTENDED STAY AMERICA RESIDENCE INN- (SCH#2001081053) Dear Mr. BeIIandi: The Department of Toxic Substances. Control {DTSC} has receiv1ld your Negative Decl8J8tion (NO) for 1h~ above-mentianed Projeet. Based on the review afthe document. OTSC's comments are as follows: 1) The NO needs to idcntif'y and determine whelher current or historic uses have resulted in any 11!Iea:se of hazardous waslesfsubstance5 at the site. The NO needs to identify any known or potsIdially contaminated site wittm the proposed PrcP:;t ares.. The NO states that 1he. was an WlrlCellsed CIas& III landfill containing 110.000 aJbic yards of Dlegaty dumped maIeriaIs. prImarIy amslrudion waste, giass. cxganic mater1aIs. till!$, and meIaIs and that it was aovered wih 8011 in the pal5t but was not remediated or clQsed ... confo..ll8I1C8 with local. atete or fuderal $farJda/d& This i1Jega1 /andIII has !he potentIai lD bClIh release IIazardoua matelial& am eocpose peogIe to hu:ardoua 1I1IIteriII1s. For 11\ iden1llled sIte5. the NO needs lD llV8/UaIe whether condlllons at tile siI2 poSe a thl'Bllt to human health or 1he envirOnment. The NO should identify the mechanism 1>> initiate any required investig&ljon and/or remediation for any site that may requlre remecli:mcn and the govenUlleOt agency to provide approprIaTe regulatDry oversight An environrnenI:aI assessment shotdd be conduc:ted at the site to evalu818 . whether the site is llOI1taminated with IURardous "'~~ces fr'om the potential oast and curTeI1t uses indudinQ SIOr.ace. transoart. aeneratiOn. and disposal of 2) 3) 4} 1Illt_~-.g.CoaIlm/o/slNt EiIoIy~_*,_."'. JAf'_"__~ l'or.Jistol...,._j'O!I----.u)lllll'--.--~.-.~;OOV. . Prinlod CI'l Reqded Pllper .' _. _____ a.~_.. ---., -- ---...... - .'.0'---001 --.--...--.....-.....- " Mr. Joe E1el1andi September 7, 2001 Page 2 toxic and ~ wastefmaterials. Potential hazard to the pubU~ or the environment through routine transportation. uee. di8poeal or release of hazardous materials should be discussed in the NO. 5) Since a significant hazardous impact is expected, the potential exists for the inadvertent ~ B of hazardous maIIBr1als from the future uses and stmage of hazardous material. It should be addressed in detail in the NO. 6) Since a slgniftcant hazard 10 the public is expected wit! futule uses of the site, p.AaI dial uses and smrage of hazanlOUS mateIIaJs at the site shcuId be addressed in the NO. RemerrDlrlD obtain a hazaJdous materials stIOrage permit from an appropriate regulatOry agency ht I1aa juriadlctlcn to reguIale hazaftSOUs substances handling, slorage. h.h._1t and/or o'V"""I, ConIac:t the Celtified Unified Program Agency (CUPA) to evaluate 1he permit requil'ell'lenl$. 7) The NO incflC8teS that the proposed property may be affected by conlBminlllion from previous and cunentuses of the 9.1 aae slI:ewith iDegaIIy dUq)ed materi8IS. My hazMSous wsstesImaIBrIaI encounten!CJ during oonstIUcUon 6hou1d be remediated in ~ with lac::.d, slate. and fedenII regldatlon6. Prior to initiating any consbuCltion eclivitieS, an enWonrnetdaI 8IlleS&/lW\t should be conducted to determine if a release rK hazardous waAI8ISlIb8tlInces exists at the sIIe. If so, furlher studies should be canEd aut to defineale the genend extent of the c:cnl3IIU1aIIDn. AlSO, It IS nec9111l)' to estimate the potential ttnat to pubIio he8Ith and/or the environment posed by the siIB.. It is nees s nry to del8mline if an expedited response aclion Is required fD nlduce existing or potential threats to public health or the environment. If it is oot an in'lrt1ediat& threat. final remedy should be irnpIemllntad in compliance with state regulations and poIiGieS rattlerthan excavation of soil prior to any assess.nent&. 8) Proper envIronmemallnvestigation anellor remedaIIon are needed wIh a Worl<plan which is approved by a regulafDry agency who has jurisdiclion to oversee hazardous waste deanUps. COIllpI8tll c:hanIctalizatlon oflhe SOil ilJ neelfed prior to 8nY excavation or removal acticln. 9} The project conslnJclIon may requlnl SOil excavation and soi filling in certain a.-. Appropriate sampling is required priorto di$po$aJ ofllle ea:avated soil. If the soil is contaminated, properly cII$pose of it rather than placing It In amIher . ~6orJ_ Uind Dis\X$9l1 Restrictions (lDRa) are applicable to these soils. Also, if the project is planning \0 import soU to backfiI the areas excavated. proper samprmg should be conducted to make SUn! that the lmpcrted soli Is free of c:ontarninallon. 10) The NO Indlcales that the land was used as an lDega! Jandftll which Is probably ~, , , I I . i I i I i .' .. ..-- " , " Mr. Joe BeDandi Sepler'iJber7,2001 Page 3 contaminated with several haotanlOus substances. The proposed projeGt Is within 2,000 feet from a contaminated site, therefore, the proposed d8\l1llopment may fall under the "Border ZOne of a ContamInated PRlI)erty'- Appropriate precautions should be taken prior to construction if the proposed project is an a "Border Zone Property." 11) The NO indicates that the property had previously been used as an iIlIgaIlandlII. A Closure Plan is proposed wilh the capping or sealing of the I1DI'Iherty half wIlh geogrid fabric soil and asphalt In the souIhedy sec;tion of the project siI8. l118 materials and debris would remain in the ground in the norlheriy seclior.. The NO alSo proposes that 70% of the material wi! be excavated and is ~ to be Sllir$t)le for reuse on the site in combination with soil and fiB material. ~, the app6cant proposes to CIUSh it into smal pieces, as aa::eptable material to nIlII the site WI'Ien properly compac:ted. Pursuant to the CaIIfomia Cede of ReguIation$, TiUe 22. Section 66268.3, no genemlDr, transporter, lland*', or owner or operaIDr of a treafrnent, stDrage, or disposal facility shall In any wy dilute a restricted waste or the residual from treatment of a restridBd waste as 8 substitute for adequate treatment to achieve acceptable standards. lbe treatment mea1IUI'e proposed &tthe site, crushing and reusing 1he son. is a bm of dilution and that it is not ~ to DTSC. Therercre, OTSC .............lda further assessment and a removaUremedlation of the site. Further remedial action proposed such as capping shaD be impIemente<l after a Remedial InvestigationlFeasibilily Study, which includes a Human Health and Environmental Risk Assessment. After the risk au l ,,,,..ent, if the ptOpDse ~ remeClial measure is feasible, it may be Implemented with !he approvel of a regUlatory agency. Therefore.. proper investigation 'and remedial actions shcxdd be conducted at the site before initialing these activities. 12) If the proposed remedial attemative is capping, institutional contltlIs such as a -l1eec1lesllk.lio.l" on the property sl10UItt be med,wiIh the County RsconSer"s ofIk;e. 13) The NO fails to address the remaining of the Hazards' section checklist of the California Environmental Quality Ad. (CEQA) which includes 1he fuDowlng questions: . Would the project emit hazardous emissions or handle hazardous or acutely hazardous materials, substances. or waste within one.quarter mle of an eJCisting or proposed school? Would tho P<'Oj~ be J.....,.b..J on .. silIt which i.. indudeci on .. list of h_dous materials sitee complied PUl$uant to Government Code Section 65962.5 and. as a result, would it create a significant hazard to " ". . . " ....-..... ..~....~ r"'~...._.......T 'OJ. .................. .,.o,",w.a.:1 ...,.g..............,............... ...~..- ....., " Mr. Joe Belland! September 7. 2001 Page 4 the public or 1he environment? For a project within an airport land use plan or, where such a plan baa not been adopted, within two miles of a public airport or public use airpaIt, would the prnject result In a safety hazan1 for people resi:ling or wodcing in !he project ata? . For a project within the viQnily of a private airltrip, 'MXJld the pnlject lIlIIlIt. In a safety hazan:l for people residing orworking in the project ~ . Would !he project Impair i~ntallon of or physically interfere wiIh an liIdopted emergency response plan or emergency evaauation p/lIn? . Would the project expose people or struclures 10 a slgnlftcant rtsk of IIlI8. Inpy or dealh involving wildland fires, inducing wmn wldlands aI8 adjacent to urbanized areas or where residences are i1demlilced . wildlands? 1a) A grouncIwater investigation may also be ~ry beSed a"l the PaIln of on- site contaminants and the depth to tile groundwater. 14} If during revision/construction of the project, soil and/or groundwater contamination i$ "'''~. stDp revision of the penmtCllnstrudiDn in the.... and ~nt appropriate Health and safety plOCOduroe, If it is 11= h. ..iii led lII8t c:onlamlnated $Oil andIorgroundwafer exist, the ND &bouId idenliJy how my required imf-iiydliun and/or remediation will be ~ried and which government ageneyWilI provide apPRlPlfate rvgulaby ov8l8ight. DTSC provide$ guidance tor1he Preliminary Endangerment Ass S ! i..,e.t (PEA) prepara1Ion and cleanup oversight through ltIe VokmtllIy Cleanup Program (VCP). Also. DTSC is adminislering lhe S85 mlBkln Cleanup Loans and EnvIronrnenlaI . A-nee to Nlligllborttoods (ClEAN). wtich pIOIIides low ~.~ loans 10 Dol ",,011... and cleenup hazardous materiaI8 at properties where recIeveIopment Is IIcEIy to ...,.. bet.eficiaI impact1D a community. The CLEAN ptggnlIl1 is comprised of two Illlin components: low inlerest loans of up 10 $100.000 10 conduct PEAs of uncIerotIimd propenIes, and loans of up 10 $2.5 mDlion tor the deanup pr removal of ~ materials also at underublized urban properties. Tllese (oallS are available 10 ~, businesses. schools, and IccaI governments. .........---...'-...~ .......Qo.lI rR~.'.'''''''''T ....... .................. .. ...~...O.O':::1 ......,.;;I...;;:;O..~....Q...,,=O... .' '. Mr. Joe Bellandi September 7. 2001 Page 5 For additional information on the VCP or ClEAN program. please visit DTSC's web... at www.cllsc.ea.gov.lfyouwouldliketomeetandd~uii$matferfurther.pl.... contact Ms. Ratlia A. Z2lbaneh. P\<lje..t Manager at (714) 484-5479. Sincerely, . ~aissam Y. Sallcum. P.E. ,- ':Jnit Cflief . Sou1hem earlfomia Cleanup OpelCltioos Brll_nch C)Ipres$ OlIice cc: Governor's 0fIiCe Of Planning and Research State Clearinghouse P.O.8olt3044 SaaamenlD. Califcrnia 95812-3044 Mr. GuentherW. Moskat. CIllef Plaming and EnviJI:lI'ImerI Analysis Section CEQA Tracking Center Department of Toxic SUbstances COntmI P.O. Box 806 SacramentD. California 95812.Q806 r""... ......., :,_.'.."1. . '.. __. _. _~ ._...... .........-..._~_" _. ___0._ .. ...;:''' _......~ .....----......--....- 1125 East Tllird SlJeel . san IlerDardino. CA 92415-0835 . (909} 387-8104 September 5, 2001 Fax (!I09) 387-nJO c,~ COUNty OF SAN BEIlNARDINO ECOIlOMIC DEVElOPMENT AIlD PU8UC SERVICES 8ROUP DEPARTMENT OF PUBLIC" 'RKS .' FLOOOCormwL' GillS' RfGIOIlALPMlS' SURVEY\. .IWlSPOHllIIlOII' WASTEsYS!EM KEN A. MILLER Director of Public Wcrks City of San Bernardino Development Services Department Attn.: Joe Bellandi, Associate Planner 300 North uD" Street San Bernardino, CA 92418 File #1 0(ENV)-4.0l RE: NOTICE OF COMPLETION, TENTATIVE PARCEL MAP NO. 15635 AND CUP NO. 01- 03 (EXTENUED STAY AMERICA RESIDENCE INN) Dear Mr. Bellandi: Thank you for giving the San Bernardino County Depamnent of Public Works the opportunity to further comment on the above-referenced project. The project site is located at the intersection of W atennan Avenue and VandeIbilt Way and is adjacent to the Santa Ana River, a Flood Control District facility. According to the mosr recent FEMA Flood Insurance Rate Map, this site lies within Zone A and X, shaded. Therefore, the District offers the following comments: I. It is asswned that the City will establish adequate provisions for intercepting and conducting the accUDlulaled drainage around or through the site in a manner which will not adversely affeet adjacent or downstream properties 2. The Flood Control District recommends a minimwn building setback of lOO-feet from the Flood Control District's right-{)f-way. 3. It is acknowled.,oed that drainage from the site will be directed to City storm drains. 4. If any encroachment on Flood Control district right-Qf-way is anticipated, a permit will be required from the District's Flood Control Operations Division. Pmnit Section. Other on- site or ofI-sit~ iinprov~ts I!l8"j be .re<foIii-ed which canno~ be c!etenr.ined at this time. 5. We also recommend that the City enforCe the most cummt FEMA tloodproofing regulations. ~~~~CL,*, Ul\QIN~' J~ FRANK MOUNA, Senior Associate Planner Environmental Management Division FM:finlSBCicyrTIS6J5CUP cc: Naresh Vanna KAMlPJM Reading File ~~:;.\ ,';. :i.-:.:C:.;t.E;.$~X J:;.~~ ~css s;:..:.. ?C$7";';S . ic:::.~ c.;- s;::;.!:.~...;~:s ::'!';: :::$~~ ~.:;,,~~s. X':'NS13:.:\i3E.2 .. _ ;:I:~ :J!$::.;:::: 7;t:~~$i::;0:1a: c::;,.~.~.' ~-::rt':j~!Sl:~..;":!-.!: ':".'!:!:O!!' As~:s~;:~ C.:::..:~: /k:~i:-::st.:::=IJ' =-;:;~.~~::,:~:~~~.~,;::.:r:~ ':v~~:i. :o::.~;::.s . 0"..... $f~...:;.:.t: ~~'S~;.;t .co';!.:: ':'':1:';~;;.~: .......... ..." ;:c...;"~'; ;::~;: , ..:!?:.~ ~tH!S .... _ _ .. . . _ .. ::'~:- ::.:s:-:.::! '---. --- -. -~ -~-.. ......_..._._" -- ---..-......0'.......-= ...A.I....."'..._....~__...._ ."W_ .'-' .' j '"SrATeOF CALIFCRN&A-ll"'I: KfSCURCESAGeNC"I GRAY OI.VIS....... OEPARTIIENT OF FISH AND GAME Eastern Sierra - lnlend 0eser1s Region 4n5 Bird Fatm Road Chino Hills. California 91709 (GOO) S97-5043 . September 5. 2001 Joe Bellandi. Senior Planner City of San Bernardino Devek:Jpment Service Department 300 North "0" Street San Beman:lino. CA92418 Phone: (909) 384-6057 Fax: (909) 384-6080 Re: InitiaJ Study I Mltigatl:d ~.. Declaration (lS/MND) Extamfed StlIy AnuIrlca Residence Inn SCHI2OO1l181053 Dear Mr. Bellanclt The Caifcmia Department of FISh and Game (Oe~ent) appreciates this opportunity to .....a._1t oolhe Initial Study OS) and MiIigabld Negative DecIaralIon (MHO) for the above-refereflCed pRlject willi regards to impac;b to bigIogical ~ 'The pIqlased project is the subcllvision of a 9.1 - fNIRllII into two parcels and the construCliOn of a l'tu-Aliy residenoe itn'aparlmenthctel consi$fing r:l105 unIls, plus associated par1dng spaces and lancI$Capillg. Ptior to 1955, the entire . was an wA:eneed Cllas IIIlandfiq. containing approximalflly 110, aoo cubic yard$ of DJegalIy <lUmped rnateI'Iab. "The 1IIndlIII_ not closed in cc. dbtmance with 1ccaI. state. or federal standards. A Closure Plan for the lancft is aIIlo proposed. The projeCt site is located at \he nol1lleaSfemccmerofWalIlnnanAvenue andVandedliltWay. in the City of san BemanfllO. The site Is bordered by !he SanIa Ana R111e1" and flood oontmI btmJ on 11>> ncr1f1. _t land on !he east, Vanderbi" Way on the south. and Wl!IlerI1l8II Avenue on the west. The Department is respondilg as a T IU5lee Agenl:J fa fish and wlldlh resources [Fish and Game Code sections 711.1 51d 1802 and !he Calf'0ITia Environmental Q~ Act GuideInes (CEQA) .....lIoll 15386] and as a Responstble Agency ~ing any D"""eti0n8ry actions (CEQA Guldttlinw.edkln 15381). The Department is concerned about ill'C)8ClS to the federally Iistad enciangered San BemaRInO kaolgalOO rat (SBI<R). fJipodomysmeaismi patWs, resulting from conslrudlon activilie8 thatacxu'ClrI lhe projectsiteand adjacent to the1lood conlmI berm. A liIlle popuIalion of SBKR oc;c;uratthis ~.wiIIliI the SanlaAna River bed. on !he IIoadplllln, and both IIOIth and south d the flood ccntroI berm COllIIWuCl8d atong 1he River (pers. ccnm.. [)Qug a.\PI...lliOll. U.S. FI5h and Wildlfe SeMee). Although lho._ hislllrically used as s IandlUl SBKR are known to oocur on IanIiI1s all:rl.:l the San Jac:inlo ~. Addilionaly. the entire 9.1 aae project site occurs wilhin PfOPllHd ai1Ical habltatfor 5BKR. The ~D does not include an analysis of wheIlIer1he propll5ed project wi. ~ SBKR. e1lherdireQJy or lndl>ecItt. Impacts to S8KR and critical habllat are oonsidered slgnIIIcant under CEOA and win require ajlpI_~ avoidance. minirmaticn. and compensatiOn measures to reduce Impacts to les5 lhan $ignifIcInt. Additionally, impacts to S8KRand critic:cd habitat may require an Il1Cidental Take Permit from the U.s. FiIh and Wildfle Service (USFWS) pursuantto Sectioo 7 or 10 of the federal Endangered SpedesMtl1973, as amended. - - __ ..~__. ---, -- ___.._. .'.,;;;,"-.-o;r -_'_'UCI~Q"tQ""=''''' .. ........-::0 ..~.. ..' ' I.. Pqz ISIMNO EJrtvnded Stay America Ruidenee Inn SCHt 2001081053 The Oepar1ment recommends lhllt the proposed project site iiII1d the aQiacenl berm an!a be surveyed by a bIologist quallfled In the identification of SBKR to determine if !he species will be ill1)aCted by the proposed project The lead Agency should contacr: the USFWS to detem1lne appropr1ale avoidance, mlnimizatlon. and compensation measures. Direct impaClS to S8KR s/toulcl be avoided where feasible. Any unavoidable impacts should be mitigated by replacing lost habitat \MIh the preseMllicn of in-klnd habitat at a 3:1 replacement-to-impact ratio. Indilect impaclS can be avoided and rni.dll~ by inc;orporating measures such as IImllalions on nlghl-time lighting. pesticide applc:atlon. non-nalil/lll plantings. noise, and gl'OU"ld vibralions that could collapSe burrows. Becauselhe proposed project may impact SBKR., the Department recorrrnencls thatthe ISIMND be I'8IIised 10 include the above information and re-circulated for review. The DepartmentrecolI k ,.e.1ds thatlhe ptopolIed project not be approved until impacll; to SBKR have been evaluated by the Department and USFWS. Thank you for lhis oppor1llnity to comment Questions regarding this letter and fur1her coordlnatlcn on these issues should be directed to Yvonne C. Moore. Environmental SpeclaIlst III, at (909) 606-2413. Sinten!ly, J~ Jeff Drongesen Envircnmenlal Specialist IV, Supervisor Habitat Conservation - Southwest Region 6 cc: Jeff Newman. USFWS. CarIsbad Nancy Ferguson, USFWS. Cartsbad Slate Cleeringtoouse l OF SAN BERNARDINO DEVELOPl\1ENT SERVICES INITIAL STUDY .' J J . ~ APPENDIX B LSA ASSOCIATES Letter dated November 5, 2001 (trapping report) Letter dated November 21, 2001 (critical habitat analysis) [S 36 . ' ' j ..~ L S ^ -\TES, INC. ONE Ph . LAZA. SUITE ;00 IIlVINE, CALIFORNIA 9::1.614 .A ,.- 949.553.0666 TE. 949.553.8076 FAX OTH!" orUCES: IEJl.ItELEY PT. RICHMOND I'T. COLLINS alVr.anOI aOCItLIN November 5, 2001 Christine Moen U.S. Fish and Wildlife Service 2730 Locker Avenue West Carlsbad, CA 92008 Subject: San Bernardino Kangaroo Rat Survey, San Bernardino, October, 2001 Dear Ms. Moen: This letter report is to document the results of five nights of small mammal live trapping at a proposed development site in the City of San Bernardino, San Bernardino County, California, conducted by LSA Associates, Inc. (LSA). The trapping was done to determine the presence or absence of the endangered San Bernardino kangaroo rat (Dipodomys merriami parvus) according to survey guidelines established by the U.S. Fish and Wildlife Service. The results of this protocol survey were negative. STUDY AREA The project site is an approximately 9.5 acre vacant parcel northeast of the intersection ofWatennan Avenue and Vanderbilt Way in the City of San Bernardino, San Bernardino County, California (Figure I'). The site was apparently part of a former landfill, and remains highly disturbed. Vegetation is limited to ruderal species such as annual grasses and Russian-thistle (Salsola tragus), and all of it appeared to have been recently mowed. The Santa Ana River channel is adjacent to the north edge of the site. METHODS Richard Erickson was present and responsible for the entire trapping effort, pursuant to LSA's Federal Fish and Wildlife Permit PRT-777965; LSA biologist Leo Simone assisted. A total of 125 Sherman live traps was set the first evening. They were arranged in a single trapline that ran around approximately the northern half of the perimeter (Figure I), where remnant vegetation was concentrated. A total of 625 trap nights was accumulated by the end of the five nights. All figures and tables are attached. IlfllOI<<P:IGVS03lltrap.wpd)) PLANNINC ENVIRONMENTAL SCIENCES OUIGN .' ' I . r LSA ASSOCIAT[S. l:>Ie. Each evening, the traps were set and baited with a mixture of wild bird seed and rolled oats. Traps were checked before midnight and at dawn, at which time all captured animals were identified and released unharmed. RESULTS Trapping resulted in 127 rodent captures involving only two species - the native deer mouse (Peromyscus maniculalus) and the non-native house mouse (Mus musculus) - both known for their tolerance of disturbance. No San Bernardino kangaroo rats were found. The complete trapping results are shown in Table A. The results of this survey suggest that the San Bernardino kangaroo rat is not present in the area. Please contact us if you have any questions about this survey. Sincerely, LSA ASSOCIATES, INC. ~/./ - 7~ Richard Erickson Associate/Biologist ~7~ Leo Simone Biologist ---......... Attachments: Figure, Table A 11/110 1(( P:\GYS033\lrap. wpd)) 2 .' . 1.,S~ ^SSOC1ATCS r>!OVI':M DI::R 1<1U I II'lC . r Table A: San Bernardino Trapping Summary, October, 2001 (Capture Totals) : i i i i i i : I , '00 '0 I , I I Date ,OCt. 16 I ct. 17 i ct. 17, ct. 18 : Oct. 18 I Oct. 191 Oct. 19 ' Oct. 20 Oct. 20 i Oct. 21 Total . I ' ; , ii' p.m. I a.m. p.m.; a.m. i p.m. ,a.m. p.m.! a.m. p.m. I a.m. Number of traps checked 125 ! 125 , 125 125 , 125 625 , , : -.. T I ! Species , i i i I ___l__._ --r- ----+ i --.--. , ! , Deer mouse , 8 I 17 I 12 i 17 14 i 17 5 7 3 5 105 , , , , I , , I Peromyscus manicu/atus , I , , I , , , ---.. I 1 ! r House mouse , 2 I 5 I I i 3 I 3 2 I 4 22 I ! I I I , Mus musculus ! , , I I i , , , Total Rodent Cantures I 10 ! 18 j 17 I 18 I 14 I 20 I 6 I 10 5 I 9 127 , I P:\GVS033\trap.wpd ((11/1101)) FIGURE 1 $ GNST On-Call S.rvicrs Trapline Location SOURCE: EAGLE AERIAL 1:\GVS033\Trapline.cdr (II/I/Ol) Nov-/Hl D4:10Plll From-RIV / 90iT798924 T-8S0 P.02/0S F-l!( .' "' J, LSA La... .....OCJATla, INC. \651) spauCr; STlIlt:JiT, !oVI1'''& S(lc'l JliIV~.JIDt:, 01."'1"0_1\11" g;aSl.J7 YIJY.711.93~O n:!. 90'.781.4:l11 fA" OTnla Vrl'IlJll; ".....ILly U.VINE IT. OOLLJ.. IT. ua....o.. aOC&U. November 21, 2001 Joe Bellandi, Senior Planner City of San Bernardino Development Service Depamnent 300 North "D" Slre~t San Bernardino, CA 92418 Subject: Extended Stay America Project Site - Propo.sed Critical Habitat of the San Bernardino Kangaroo Rat Dear Mr. Bel1andi: LSA Associates, Inc. (LSA) prepared this letter to address proposed critical habitat of the San Bernardino kangaroo rat (Dipodomy.1 merriami parvus) (SBKR) on the 9.5-acre Tri Cities property. The Tri Cities Property is the proposed site of the &tended Stay America hotel and is located lithe northeast corner of the intersection of VanderbUt Way and South Wa.tennan Av~nue in the City of San Bernardino. The C.aHfomia DepaTtlllent of Fish and Game (CDFG) submitted a commentlouer (dated September 5, 2(01) to the City of San Bernardino indicating that the proposed critical habilllt should be addressed as part of the ongoing review of the proposed project. LSA is providing Ibis letter in response to the comments raised by the CDFG. Based on current information. it is the conclusion of lSA that project impacts to the proposed critical habitat are not significant under CEQA and therefore do nor r~quire mitigation. On December 8, 2000, the U.S. Fish and Wildlirc Service (USFWS) announced. in response to a court order, its propo.lal to designate nearly 55,408 acres as critical habitat for the SBKR (Fedetal Register, Vol. 65, No. 237). The subjectpropcny is within the proposed "Unit t . Santa Ana River and San Timoteo Canyon" critical habitat area. The date forfinal designation of S'BKR critical habilat is Dot specified in the Federal Register but is C,l\,pected by the end of 2001. The cntire 9.5_ subject property is included within the proposed critical habitat Unit 1 which encompasses 12,074 acres. The remaining area of proposed critical ha.bitat is disttibuted between fiv~ additional propo9Cd units in San Bernardino and Riverside counti~s. In the Proposed Rule to designate critical habitat, the USFWS listed various criteria thallhey used in identifying potential critical habitat units. Four general qualitative criteria were identificd with II focus on designating specific habiUl1 units: (t) occupation by th~ SBKR; (2) the state of natural processes that rejuvenate and maintain a suitable habitat; (3) the pre~ence of lands that function as upland refugia; and (4) th~ proximity of Ihe area to large tl'llcts of undeveloped hmd that an: important for llllltOl(R:\oVSO"C\SUKR Ctili..:al Habiral.wpd) rL,A."JfUfO l'HV'''Olnn.NTAL .c~.tlc:.. .cUUI,U. NDv-Zl-01 04:11pm FrDm-RIV Z 90977989" T-850 P.03/05 F-154 .. ,~. 1.$" A!lllolHlIAI'Clo. INC_ population ~xpansion, upland refugia. connectivity, providing buffers from development, perpetuation of ecosystem processes, and maintenance of a dynamic mosaic of v~getation. Specific application of the four criceria to Ihc conditions of the subject property is key 10 understanding that the project impacts to the proposed crilical habitat of the SBKR are nOI significant. 1) Presellce or absetlce of the Sa" Bernardino kangaroo Nt UnderUSFWS PcrmitPRT-777965, LSA conducted a small mammalltapping survey on the subject property. Trapping was conducted over five consecutive night' beginning October 16,2001 and completed on thc morning of October 21, 201lI. On each night, 125 traps were set for a total of 625 ll'ap-nishts. The lIlIpping effort followed applicable USFWS protOCol. Two species were captured. deer mouse (PerQmyscus manicuJarus) and house mouse (MIL! mu.scullLl). Both are common species; neither arc listed as threatened nor endangered nOT otherwise considered sensitive. The SBKR was not captured, and based on the results of this protocol survey the species is considered absent from the site for planning purposes. 2) The state of IIa/1U'al processes that rejuvenate alld maintain ",litab" habitat The proposed rule (Fedeml Register. Vol. 65, No. 237, p. 77184) identifies one natural process, flooding, under this criteria. As is Slated in lhe proposed rule to designau: critical habitat: Normal periodic flooding scours the terrain, removes vegetation, and deposits debris and soil (e.g., sand) to regenerate favorable conditions. Becau~e the species appears to be adapted to more open habitat types (e.g., higher populations in open. versus closed-canopy shrub communities), the more open stale promoted by periodic flooding is essential for the conservation of the species. While the project site is adjaccnt to the Santa Ana River. it is separated from the river and the associated natura] flooding process by the existing levee. The river is contained within the levees e~ept in the lurgest of flood ellents. therefore, normal periodic flooding has been eliminated from the site. 3) Up/muJ reJusia As is dis~ussed above, the subject property is not occupied by SBKR which. based on the Proposed Rule. is a ley component if an area is to have value as an uplllDd refugia. Funher. the upland portions of the property do not support habitat(s) a.~sociated with upland refugia (alluvial sage scrub or associated vegetation, such as coastal sage scruh and chamise chaparral) as described in the Proposed Rule. The Proposed Rule (Federal Register, Vol. 6.5, No. '237. pp. 77179-77180) describes hrefugia" as r allows; "The 1.''''T or malUre phase or alluvial saS" .cruh i. r..",I~ affecled by flooding and MUppom the highest planl densily (Smith 1980). The malure temltes and upland areas adjacent to IIf.!1iOl(RMWSQJ3C\SBKR erilic.1 Hllhl'"' .wpd) 2 Nov-Z 1-0 1 04: 11 pm F rOll-RIV Z 90177999' . T-850 P.04/05 F-15( . L ~ ... L'A A"OClATE$, '''411. them ,uppor/ing the olde.n pha.le of .laf(e .lcrub provide an important refugia for San Bernardino kangaroo rat during flood evems. Although malUre areas are gener/Illy Wled less frequemly or occupied III lower densities than those supportiDg earlier phases, these areas are critical to the long-tenn survival of the species (i.e., prevent extinction) by providing a source populatioll for recolonization following calaSuophic flooding events in which kangaroo rats inhabiting lower areas of the flood plain drown (McKernan pers. comm. 2(00)." [Emplu1.ris addedl The Proposed Rule (Federal Register, Vol. 65. No. 237. p. 77184) provides the following discllS3ion of critcria that wcre considered in the proposed designation of critical habiUlt: "We considered several qualitative criteria in the selection and proposal of specific lte8ll. or uniLs. for San Bernardino kangaroo rat critical habitat including: . . . (3) The presence of lands that function as upland rcfugia. Tht majority of the remaining populations of San Bernardino kangaroo rat are constrained 10 flood plains, where lhey lIe susceptible to extirpation during large-scale flood events. Occupied upland tllfugia areas may act as population .tnurces for natural rccolonization, thereby decreasing lhe probability of extinction of the species." [Empha.fis addecI] Vegetation of the subject property is limited to ruderal species such liS annual grasses and Russian- thistle (SaLfola lragu.r). which is in a disturbed condition due to recent mowing. There is DO alluvial fan sage scrub. coastal sage scrub. or chaparral present on the site. It is concluded dlat due to the absence of SBKR from any portion of Ihe subject property liIat the site does not function as a refugia. Further. due to the lack of alluvial fan sage scrub (AFSS), chaparml, or coastal sage scrub from the upland portions of Ihe subject propeny. the site does not meet the Proposcd Rule's description of "upland rcfugia.... 4) The prDKimily 01 the area to large tracts of undeveloped land that are impontullfor populotion exptUUwn, upland relugiG, comlectivity, providing buffe,., from development, perpehullion of ecosystem prOCllsses, and maW.nance of a dynamic mosaic of vegeflltion. The Tri Cities property is loomed within a developed commercial area lhal is subject to ongoing and continued developmeut. Large lracts of undeveloped land that remain nearby are limited to the channel of the Santa Ana River. While the river itself may function as critical habitat for the SBKR. the subject propeny and nearby lands are developed and dislurbed to such a degree that they are DOt suitable or not imponaDt for population expansion. upland refugia, conneclivity, petpetuation of ccosyslem processes, or maintenance of II dynamic mosaic of vegetation. The site may provide some value as a buffer between the river and developmem to the south. However, since there is extensive devclopmcnt adjacent 10 Ihe riV~T both lip and down stream of the subject properly. tht: site provides very liulc. if any. value as a buffer. Funher. due [0 the relatively small S;I.': of the site (9.S acres) and limited extent of undeveloped land nearby. the site cannot he considered as a large tract of land providing a buffer from development Ilt21101lR;\(;V!I;O:l:lC:\.c;AKR Ctiri.::d Hahilfll .wpd) 3 Nov-Z1-01 D4:IIPRI From-RIV Z 909mm T-85D P.DS/OB F-154 .'" ....~ LI" Aj:SOCI...T.." 1"'~. In summary. it is the conclusion of LSA that it is nOl appropriate 10 consider project impllCtS to proposed critical habitat to be significant under CEQA, as the site provides virrually no value as critical habitat. This conclusion is based on the criteria set forth in the Proposed Rule to design8le critical habitat for the SBKR (Federal Register. Vol. 65, No. 237). The subject property is Dot occupied by the SBKR Natur~1 processes that rejuvenate and maintain suitable habitat (i.e., nonnal periodic flooding) have been eliminated from the site. The property does not provide values as an upland refugia. Finally. the site is not pan of large tracts of undeveloped land that are important far population expansion, upland refugia, connectivity. providing buffers from development, perpetUation of ecosystem processes, or the maintenance of a dynamic mosaic of vegetation. As such, the site cannot provide habitat that is "essential to the cons~'fvation of the species:' Should the final critical habitat designation (expected in December 2001) include the subjcct 1"0.-.,., the infonnation and conclusions presented above would still be valid and applicable. Please contact Jack Easton at (909) 781-9310 if you require additional information. Sincerely, ~: ~C:I ,INC. ~!'! 1'~1~, --)'1" RE........u..~r[~,,~....,I'_"_, .~~ .",1 U.S I.:i~~ .nd;'w.iIdlifl:.~ice. .Decemhcr 8. 2000. Endangered and Threall.'Ded Wilcllife and Plants; Proposed Oetepnination of Critical Habitat for the San Bernardino Kangaroo Rat; I\oposed - Rule. "I"ea:'1{'"eg.. Vol. 65, No. 237. ec: M'r~1T~' Thnnm. -.B.P._.california_-. "' Alicen Wor.lil~~,,~~'&vl\&e. Nolan & Tilden cra::~' ":~2 'c~ Il12liOltJl.:\GVSOJJ(:I.~JIKR Crillcol Habillll .~pd) 4 r-. - 1 2 3 4 5 6 7 8 9 10 11 ORDINANCE NO. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 19.02.050 (DEFINITIONS) AND CHAPTER 19.06 (COMMERCIAL DISTRICTS) SECTION 19.06.020, TABLE 06.01 (PERMITTED USES), TABLE 06.03 (SPECIFIC STANDARDS), AND SECTION 19.06.030 (DEVELOPMENT STANDARDS) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) TO MODIFY TEXT RELATED TO DEFINITIONS, REQUIREMENTS AND STANDARDS FOR HOTELS, MOTELS, AND EXTENDED LODGING FACILITIES. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 19.02, Section 19.02.050, Definitions and Chapter 19.06, Section 19.06.020, Table 06.01 (C), and Table 0.06.03, and Section 19.06.030 (2) (Z) of the Municipal Code (Development Code) are amended to add definitions and modify tables and text related to 12 Hotels, Motels, and Extended Lodging Facilities requirements and standards as shown in 13 Attachment 1 attached hereto and incorporated herein by reference. 14 SECTION 2. Severability. In the event that any provision of this Ordinance, or any part thereof, 15 or any application thereof to any person or circumstance, is for any reason held to be 16 unconstitutional or otherwise invalid or ineffective by any court of competent jurisdiction on its 17 18 face or as applied, such holding shall not affect the validity of effectiveness of any of the 19 remaining provisions of this Ordinance, or any part thereof, or any application thereof to any 20 person or circumstance or of said provision as applied to any other person or circumstance. . It is 21 hereby declared to be the legislative intent of the City that this Ordinance would have been 22 adopted had such unconstitutional, invalid, or ineffective provisions not been included herein. 23 24 IIII IIII 25 26 IIII 27 28 1 1 AN ORDINANCE. . . AMENDING SECTION 19.02.050 (DEFINITIONS) AND CHAPTER 19.06 (COMMERCIAL DISTRICTS) SECTION 19.06.020, TABLE 06.01 2 (PERMITTED USES), TABLE 06.03 (SPECIFIC STANDARDS), AND SECTION 3 19.06.030 (DEVELOPMENT STANDARDS) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) TO MODIFY TEXT RELATED TO DEFINITIONS, 4 REQUIREMENTS AND STANDARDS FOR HOTELS, MOTELS, AND EXTENDED LODGING FACILITIES. 5 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and 6 7 Common Council of the City of San Bernardino at a meeting thereof, held 22 23 24 Approved as to form and legal content: JUDITH V ALLES, Mayor City of San Bernardino 25 JAMES F. PENMAN 26 City Atto~rneY 7 27 BY:~ ~ 28 . 0('eci Co""s".l 2 ATTACHMENT 1 19.06.030 (2)(Z) HOTELS, MOTELS, AND EXTENDED LODGING FACILITIES 1. Hotels and Motels are allowed in the CG-l/5, CG-2, CG-4, CR-2, CR-3, and CCS-lland use districts. Extended Lodging Facilities are allowed in the CR-2 and CR-3 land use districts. 2. All Hotels, Motels, and Extended Lodging Facilities are subject to a Conditional Use Permit and shall comply with the following standards in addition to any conditions imposed by the Planning Commission. a. Hotels and Extended Lodging Facilities shall provide guestrooms with voicemail, dataports, desk, laundry facilities, color television, alarm clock or wake up service. Hotels and Extended Lodging Facilities shall also make irons and ironing boards available to guests upon request. Motels shall provide guestrooms with voicemail, desk, color television, and alarm clock or wake up service. b. The minimum lot size for a Hotel or Extended Lodging Facilities shall be one (1) acre, with a minimum of 100 rooms. The minimum room size for Hotels and Extended Lodging Facilities shall be 300 square feet. There shall be a minimum of 25 square feet per guestroom of meeting space for full service Hotels. c. Hotels and Extended Lodging Facilities shall include at least one ! recreational facility, such as a pool, whirlpool/spa, or fitness room. Motels shall provide a pool. d. A restaurant shall be provided for full service Hotels and a guest courtesy lounge (for snacks including vending machines) shall be provided for limited service Hotels and Extended Lodging Facilities. e. Extended Lodging Facilities shall provide a 24-hour per day on-site supervisor, as designated by the owner/operator. f. Hotels and Extended Lodging Facilities shall provide interior access to rooms. Motels can have access from walkways or the parking lot. 3. An application for a Conditional Use Permit for a Hotel, Motel, or Extended Lodging Facility shall be accompanied by a report with the following information. a. Number of Hotel, Motel, and Extended Lodging Facility rooms available in the City; b. Current rate structure of existing facilities in the City and lor the adj acent areas; c. Proposed rate structure, including term (daily, weekly, etc.); 4. Kitchens, kitchenettes and other cooking facilities shall not be permitted within Hotel or Motel units except the manager's unit. Kitchens, kitchenettes or other cooking facilities may be permitted within Extended Lodging Facilities. 5. Housekeeping services including cleaning and linen service shall be made available daily to each guestroom, at the option of guest. 6. Leases and rental agreements of any duration are prohibited. 7. Hotels, Motels, and Extended Lodging Facilities cannot be used for a mailing address, voter registration, school registration, or listed for a personal phone number. 8. No existing Hotels or Motels can be converted to an Extended Lodging Facility. 9. Hotels, Motels and Extended Lodging Facilities cannot be used for long- term occupancy for uses and facilities such as apartments, care facilities, boarding houses, and other similar uses and facilities, etc. 10. Hotels may have a maximum continuous length of stay offourteen (14) days with a 5-day interruption required before commencement of each f such subsequent stay. 11. Motels may have a maximum continuous length of stay of fourteen (14) days with a 5-day interruption required before commencement of each such subsequent stay. 12. Extended Lodging Facilities may have a maximum continuous length of stay as follows: a. One hundred (100) % ofthe total guest rooms in the facility may be occupied by guests having a maximum length of stay of up to 30 days with a 5-day interruption required before commencement of each such subsequent stay. b. Fifteen (15) % of the total guest rooms in the facility may be occupied by guests having a maximum continuous length of stay of up to 90 days with a 5-day interruption required before commencement of each such subsequent stay. c. Five (5) % of the total guest rooms in the facility may be occupied by guests having a maximum continuous length of stay of up to 180 days with a 5-day interruption required before commencement of each such subsequent stay. d. Four (4) % of the total guest rooms in the facility may be occupied by guests having a maximum continuous length of stay of up to 270 days with a 5-day interruption required before commencement of each such subsequent stay. e. Two (2) % of the total guestrooms in the facility will be unlimited as to length of stay. 13. No Hotel, Motel, or Extended Lodging Facility shall solicit or accept advance payment for more than seven (7) days lodging. 14. Compliance with the foregoing limitations will be determined on a year- to-year basis, based on average guest length of stay throughout each twelve (12) month period of operation of the applicable Extended Lodging Facility. IS. Operators of Hotels, Motels, and Extended Lodging Facilities shall provide the City with rental receipts, and related, pertinent infonnation, within 3 days after request by any City official. 16. All of the provisions ofthis section of the Development Code Amendment, and applicable conditions of approval, shall be written in to the deed and recorded, prior to the issuance of a grading permit. BASIC PROVISIONS - 19.02 19.02.050 DEFINITIONS The words and phrases set out in this section, when used in this Development Code, shall, for the purposes of this Development Code only, have the foJlowing respective meanings. These defmitions do not apply to any other chapter of the Municipal Code, and the same words and phrases may have different meanings in other chapters of the Municipal Code. Abuttine (Adjacent). Two or more parcels sharing a common boundary, of at least 1 point. Abandoned. To cease or suspend from developing or maintaining a building or use for a stated period of time. Abandoned Activitv. A business or activity with no reported sales or activity for a period of at least 180 days. Exceptions are temporary closures for repairs, alterations, or other similar situations. Access. Safe, adequate, and usable ingress or egress to a property or use. Accessory Buildinl! or Structure. A structure detached from a principal structure on the same lot, incidental to the principal building, and not designed for human habitation. Action. The decision made by the review authority on a land use application, including appropriate fmdings, environmental determination and conditions of approval, where applicable. Adult-Oriented Businesses. See Section 19.06.030 (2)(A) for specific defmition of terms. , Al!riculture. The use of land for farming, dairying, pasteurizing and grazing, horticulture, floriculture, viticulture, apiaries, animal and poultry husbandry, and accessory activities, including, but not limited to storage, harvesting, feeding or maintenance of equipment excluding stockyards, slaughtering or commercial food processing. Airoort or Helioort. Any area of land designated and set aside for the landing and taking off of any aircraft regulated by Federal Aviation Administration. AJlev. A public or private way, at the rear or side of property, permanently reserved as an ancillary means of vehicular or pedestrian access to abutting property. Alteration. Any construction or physical change in the internal arrangement of rooms or the supporting members of a building or structure, or change in the appearance of any building or structure. Ancillary Use. A use incidental to and customarily associated with a specific principal use, located on the same lot or parcel. 1-1 3/01 . BASIC PROVISIONS - 19.02 except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of any structure including any facility of any private, public or municipal utility; and the removal of any major vegetation. As used in this Development Code, "structure" includes but is not limited to any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line. A "project," as defined in Government Code Section 65931, is included with this definition. Develonment Code. A unified text incorporating those areas of regulation more typically presented in separate zoning and subdivision ordinances and related chapters of the Municipal Code, hereafter referred to as the "Development Code." Director. The Director of the San Bernardino Planning and Building Services Department, hereafter referred to as "Director" or designee. Dormitorv. A structure intended principally for sleeping accommodations, and where no individual kitchen facilities are provided, where such structure is related to an educational or public institution or is maintained and operated by a recognized non-profit welfare organization. Dwellil1l!. A structure or portion thereof designed for residential occupancy, not including hotels or motels. Dwellinl!. Multinle. A structure containing 2 or more dwelling units or a combination of 2 or more separate single family dwelling units. Dwellinl! Unit. One or more rooms including bathroom(s) and a kitchen, designed as a unit for occupancy by I family for living and sleeping purposes. Easement. A grantof I or more property rights by the property owner for the use by the public, a corporation or another person or entity. Educational Institution. A school, college or university, supported wholly or in part by public funds or giving general academic instruction equivalent to the standards prescribed by the State Board of Education. Entertainment CLive). Any act, play, revue, pantomime, scene, dance act, or song and dance act, or any combination thereof, performed by I or more persons whether or not they are compensated for the performance. Extended Lodl1inl! Facilitv. A limited service lodging facility containing one hundred (100) or more guest rooms in one or more buildings containing individual guestrooms or suites of rooms which provide some additional services such as kitchen facilities, amenities, recreational facilities, and/or meals. Lengths of stay are defined in Section 19.06.030(2)(Z)(1l) of this Development Code. 1-8 3/01 BASIC PROVISIONS - 19.02 Gross Acreaee. The total area within the lot lines of a lot or parcel of land before public streets. easements or other areas to be dedicated or reserved for public use are deducted from such lot or parcel. and does not include adjacent lands already dedicated for such purposes. Ulility Easement GROSS ACREAGE New St,..ts Existing SI,..t Gross Floor Area. The area included within the surrounding exterior fInish wall surface of a building or portion thereof, exclusive of courtyards. Guest House. Living quarters, having no kitchen facilities, located on the same premises with a main building and occupied for the sole use of members of the family, temporary guest, or persons permanently employed on the premises. Half Storv. A story under a gable, hip or gambrel roof, plates of which are not more than 2 feet above the floor of such story. Home Occuootion. An activity conducted in compliance with Chapter 19.54 carried out by an occupant conducted as an accessory use within the primary dwelling unit. Hosoital. An institution, designed within. an integrated campus setting for the diagnosis, care, and treatment of human illness, including surgery and primary treatment. Hotel. A full service lodging facility containing one hundred (100) or more guest rooms which provides some additional services such as restaurants, meeting rooms, amenities, and recreational facilities and stays are fourteen (14) days or less. Indoor Retail Concession Mall. Any indoor, multi-tenant retail or discount mall, operated during regular business hours, wherein the majority of square footage is used (or offered) for concession or leased floor area and/or wall space for which a fee, commission, or lease is 1-11 3/01 BASIC PROVISIONS - 19.02 Microbrewerv. A small scale production of beer, with or without food service, including on-site storage and shipping of products produced on the premises; food service may be provided ancillary to the use. MC 997 8/7/97 Mixed Use Develonment. The development of a parcel(s) or structure(s) with 2 or more different land uses such as, but not limited to a combination of residential, office, manufacturing, retail, public, or entertainment in a single or physically integrated group of structures. Mobile Home. Same as "Manufactured Home," but subject to the National Manufactured Housing Construction and Safety Act of 1974. Mobile Vendor. An individual providing sales of retail and/or food items from a moveable cart in a public place. MC 997 8/7/97 I Motel. A limited service lodging facility which provides some additional services such as I restaurants, amenities, and/or recreational facilities, and stays are fourteen (14) days or less. Neil!hborhood Grocerv Stores. A full service grocery store less than 15,000 square feet (with or without alcohol sales) that sells fresh fruit, vegetables, meat and fish, and has food prepared on site. MC 10934/4/01 Net Site Area. The total area within the lot lines of a parcel of land after public street easements or other areas to be dedicated or reserved for public use are deducted from such lot or parcel. Nonconforminl! Structure. A structure which conformed to applicable laws when constructed but does riot conform to the provisions of this Development Code. Nonconforminl!. Dlel!al. A structure, lot, or use which did not conform to applicable laws when constructed or initiated, and does not conform to the provisions of this Development Code. Nonconforminl! Lot. A lot, the area, frontage or dimensions of which do not conform to the provisions of this Development Code. . Nonconforminl! Use. A use complying with applicable laws when established but does not conform to the provisions of this Development Code. Outdoor SaleslDisnlavs. A promotional sales event conducted by I or more businesses which is held outside the confmes of the commercial structure(s) in which such business is normally conducted and which sale involves the outdoor display within a paved or concreted area on the same lot as the structure(s) of merchandise which is normally displayed within the structure(s). Sale events shall be conducted solely on private property and not encroach within public rights-of- way. MC 972 7/4/96 Parcel. A parcel of land under one ownership that has been legally subdivided or combined and is shown as a single parcel on the latest equalized assessment roll. 1-16 3/01 , . u u u u u u uU U U 00 f;I;l 00 U UUU P ~ f;I;l uu .... .... .... ~ f roo. o .... 00 .... ~ 00 .... cO U =- ~ .... = ~ ]~ 0= E-4 0.-..... 00 .c;to~ S ~S]~ .~ '~:E ~.E -. ~ .-=:.... ~ ;j ~ fn ....:="'~,~.J:! g", .... 1;j"" bll- " ... .. 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ATTACHMENT "C" Conditional Use Permit No. 01-03 CONDITIONS OF APPROVAL - MODIFIED 1. Within two years of development approval, commencement of construction shall have occurred and the final map shall have been recorded or the permit/approval shall become null and void. Expiration Date: Two years from the effective date of the Development Code Amendment 2. The review authority may, upon application being filed 30 days prior to the expiration date and for good cause, grant a one-time extension not to exceed 12 months. The review authority shall ensure that the project complies with all current Development Code provisions. 3. In the event this approval is legally challenged, the City will promptly notify the applicant of any claim, action or proceeding and will cooperate fully in the defense ofthis matter. Once notified, the applicant agrees to defend, indenrnify and hold harmless the City of San Bernardino (City), the Economic Development Agency of the City of San Bernardino (EDA), any departments, agencies, divisions, boards or commission of either the City or EDA as well as predecessors, successors, assigns, agents, directors, elected officials, officers, employees, representatives and attorneys of either the City or EDA from any claim, action or proceeding against any of the foregoing persons or entities. The applicant further agrees to reimburse the City of any costs and attorneys' fees which the City may be required by a court to pay as a result of such action, but such participation shall not relieve applicant of his or her obligation under this condition. The costs, salaries, and expenses ofthe City Attorney and employees of his office shall be considered as "attorneys fees" for the purpose ofthis condition. As part of the consideration for issuing this permit, this condition shall remain in effect if this Development Code Amendment, Conditional Use Permit or Tentative Parcel Map is rescinded or revoked, whether or not at the request of applicant. 4. Construction shall be in substantial conformance with the plan(s) approved by the Director, Development Review Committee, Planning Commission or Mayor and Common Council. Minor modification to the plan(s) shall be subject to approval by the Director through a minor modification permit process. Any modification which exceeds 10% of the following allowable measurable design/site considerations shall require the refiling of the original application and a subsequent hearing by the appropriate hearing review authority if applicable: a. On-site circulation and parking, loading and landscaping; , . ~ DCA No. 01-02, CUP No. 01-03, TPM No. 15635 Hearing Dale 2/19/02 Page 2 b. Placement and/or height of walls, fences and structures; c. Reconfiguration of architectural features, including colors, and/or modification of finished materials that do not alter or compromise the previously approved theme; and, d. A reduction in density or intensity of a development project. 5. No vacant, relocated, altered, repaired or hereafter erected structure shall be occupied or no change of use ofland or structure(s) shall be inaugurated, or no new business commenced as authorized by this permit until a Certificate of Occupancy has been issued by the Department. A temporary Certificate of Occupancy may be issued by the Department subject to the conditions imposed on the use, provided that a deposit is filed with the Public Works Division prior to issuance of the Certificate, is necessary. The deposit or security shall guarantee the faithful performance and completion of all terms, conditions and performance imposed on the intended use by this permit. 6. This permit or approval is subject to all the applicable provisions of the Development Code in effect at the time of approval. This includes Chapter 19.20- Property Development Standards, and includes: dust and dirt control during construction and grjiding activities; emission control of fumes, vapors, gases and other forms of air pollution; glare control; exterior lighting design control; noise control; odor control; screening; signs, off-street parking and off-street loading; and vibration control. Screening and sign regulations compliance are important considerations to the developer because they will delay the issuance of a Certificate of Occupancy until they are complied with. Any exterior structural equipment, or utility transformers, boxes, ducts or meter cabinets shall be architecturally screened by wall or structural element, blending with the building design and include landscaping when on the ground. 7. Prior to issuance of grading permits, the LEA shall have certified the closure of the landfill and all necessary plans shall be amended to meet the requirements and standards included in DCA 01-02, including but not limited to the inclusion of on-site management, meeting space and recreational amenities. 8. Signage is not included in this permit. Prior to the construction of any signage on the site, the project proponent shall submit a sign permit to the Planning Division for review and approval. 9. The BJ{teaaed Leagiag Faeility eanna! he RSea fer a mailiBg seeress, .;ster registfetiea, sekeel regismttieFl, aT !istes fer a pefs6aal pasBe flltHlBer. ... ..... ." DCA No. 01-02, CUP No. 01-03, TPM No. 15635 Hearing Date 2/19/02 Page 3 10. ,:\11 eftae )3rsvisisBS 8ftlte Dw/elepmeftt Cede ..^.mefltlmeftt sflall he '::rittell ill ts tke aeed &Ra reesfaea, J!Hsr t8 tlte issaanee sf a gra~:liBg pSR11it. 11. Lang teAR Leases are pfshieiteEl. 12 The mitigation measures outlined in the Mitigation Monitoring and Reporting Program are applicable and are considered a oart ofthe Conditions of Aooroval. 13. This permit or approval is subject to the attached conditions or requirements ofthe following City Departments or Divisions: . Development Services Department - Plan Check Division . Development Services Department - Public Works Division . Public Services Department - Refuse Division . Water Department . Fire Department . Parks, Recreation & Community Services I GRESHAM, SAVAGE, NOLAN & TILDEN, LLP A REGISTERED LIMITED LIABILITY PARTNERSHIP LAWYERS- FOUNDED 1910 fOR THE FIRM: Mark A. Ostoich e--mall: .Jlart.1!...~nt.la....;:ll". 600 N. ARROWHEAD A VENUE. SUITE 300 SAN BERNARDINO, CALIFORNIA 92401-1148 (909) 884-2171 . F ACSlMILE {909} 888.2120 www.greshamsavage.com WILLIAM GlJ'THllE(.....IM7) OQNALDW. JORDAN (i101-I9I9) JOHN B. LONERGAN (RETIlED 1m) March 29, 2002 VIA E-MAIL _rossvalalci.san-bernardino.ca.us Ms. Valerie C. Ross Principal Planner City of San Bernardino 300 North "0" Street San Bernardino, California 92418 Re: City Council consideration of Development Code Amendment and Entitlements related to Extended Stay America Project Dear Valerie: Please consider this letter as a request to continue the above-referenced matter, which is currently scheduled to be heard Monday, April I, 2002, at 11:00 a.m., to Monday, April 15, 2002. Thank you for your consideration. Very truly yours, Isl Mark A. Ostoich, of GRESHAM, SA V AGE, NOLAN & TILDEN, LLP MAO/pmj N:\E266\OOO\Ltr\Ross. V-OI.doo Q?u~,...<:"--t.~~ #,;}'> LI/'Jb2- ffM~~aiJ. -=#311 ~ jisjtJ:L ~ #33, ~/roI02- . Riverside Office. 3403 Tenth Street. Suile 518. Riverside. CA 92501 . (909) 684-2171 . Facsimile (909) 684.2150 Victorville,Ollice. 14350 Civic Drive. Suite 120, Victorville. CA 92392. (760) 243-2889 . Facsimile (160) 243-046 -# ;).7 5/~olo-z.-- r '. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Date: February 26, 2002 Subject: Development Code Amendment to clarify the definitions of Hotels and Motels and to establish Extended Lodging Facilities; a Conditional Use Permit to establish an Extended Lodging Facility; and a Tentative Parcel Map to subdivide one parcel into two parcels. From: James Funk, Director Dept: Development Services MCC Date: March 18,2002 Synopsis of Previous Council Action: N/A That the hearing be closed, and that the Mayor and Common Council: . Adopt the Negative Declaration for Development Code Amendment No. 01-02, . Adopt the Mitigated Negative Declaration for Conditional Use Permit No. 01-03 and Tentative Parcel Map No. 15635 and the Mitigation Monitoring and Reporting Plan for Conditional Use Permit No. 01-03, . Approve Development Code Amendment No. 01-02 based on the Findings of Fact contained in the Planning Commission Staff Report, and waive the first reading and lay over the ordinance for final adoption, and . Approve Conditional Use Permit No. 01-03 and Tentative Parcel Map No. 15635, based upon the Findings of Fact contained in the Planning Commission Staff Report and subject to the Conditions of Approval and Standard ReqU~ G.vJ:L- . \(7 James Funk Contact person: TnpRp.lhm(ii phnnp' ~Rd_,n,7 ' Supporting data attached: Staff Report. orc1inance Ward: DCACitywic1e/Cl JP/TPM-l FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (A ('r"t npc("nptinn) Council Notes: Finance: f'1j/.~{~d-Grt+ 3 ~ "3!J fi J o~ ,. I I D;l{(.rt~LL~!3 *,) f:, Lfl J I 0:2-- \J ,.- . I f Agenda Item No. - 'I ) {SJ6 2- 3 L/ r CITY OF SAN BERNARDINO - REQUEst FOR COUNCIL ACTION STAFF REPORT Subject: Development Code Amendment No. 01-02; Conditional Use Permit No. 01-03: Tentative Parcel Map No. 15653 Mayor and Common Council Meeting of March 18, 2002 BACKGROUND The applicant is proposing the Development Code Amendment to allow stays in a lodging facility longer than two (2) weeks. The current requirements in the Development Code allow for stays two (2) weeks or less. The Development Code Amendment would allow stays up to thirty (30) days or less. Without the approval of the Development Code Amendment, this project is not permitted due to the length of stay proposed by the applicant. The Development Code Amendment also defmes the differences between Hotels, Motels and Extended Lodging Facilities and establishes development standards for each facility. The development standards included in the Development Code Amendment would require amendments to the site plan to comply with all of the development standards. ~~k At its meeting of February 19,2002, the Planning Commission recommended that the Mayor and Common Council approve Development Code Amendment No. 01-02; Conditional Use permit No. 01-03; Tentative Parcel Map No. 15653 and amended in Exhibit 4. Commissioners, Coute, Durr, Lockett, Ramirez, Sauerbrun, Thrasher and Welch voted in favor of the motion. Commissioner Derry abstained. Commissioner Enciso was absent. In making their decision, the Planning Commission requested that some modification be made to the development standards required to establish an Extended Lodging Facility. Those issues are.delineated Exhibit 4, and are summarized as follows: . In the proposed development standards there is a requirement that Hotels provide a minimum of 25 square feet of meeting space per room, and that Extended Lodging Facilities provide 12 square feet of meeting space per room. The Planning Commission did not feel there was a need for meeting space for Extended Lodging Facilities, because most of the guests are transient and only use the facility as temporary housing rather that business purposes. . . The development standards established for the Extended Lodging Facilities require that light meals and snacks be made available for the guests. The Planning Commission determined that since each room has a kitchenette, snacks provided by vending machines would adequately serve the guests. . The development standards established for Hotels, Motels and Extended Lodging . Facilities require that cleaning and linen service be provided daily to each guest room. The Planning Commission determined that cleaning and linen services should be offered to each guest daily upon request. The proposed Extended Stay America provides linen service once a week and towels are changed twice a week. There was also some concern raised by the Planning Commission, that if the rooms were not checked daily, illicit or illegal activities could occur in the rooms without management knowing what was happening. As noted and the letter from Gresham, Savage, Nolan & Tilden, (Attachment G of the Planning Commission Staff Report) the applicant did not agree with all of the provisions Staff recommended. FINANCIAL IMPACT None, the applicant has submitted the application filing fees for this project. RECOMMENDATION Staff recommends that the Mayor and Common Council: . Adopt the Negative Declaration for Development Code Amendment No. 01-02, . Adopt the Mitigated Negative Declaration for Conditional Use Permit No. 01-03 and Tentative Parcel Map No. 15635 and Mitigation Monitoring and Reporting Plan for Conditional Use Permit No. 01-03, . Approve Development Code Amendment No. 01-02, as amended in Exhibit 4, based on the Findings of Fact contained in this Staff Report, . Approve Conditional Use Permit No. 01-03 and Tentative Parcel Map No. 15635, based upon the Findings of Fact contained in this Staff Report and subject to the Conditions of Approval (Attachment C) and Standard Requiremeilts (Attachment D). Exhibits: 1. Location Map (Extended Stay America) 2 Planning Commission Staff Report dated February 19, 2002 Attachment A Location Map, Tentative Parcel Map Attachment B Site Plan, Floor Plans, and Elevations Attachment C Conditions of Approval Attachment D . Standard Requirements Attachment E Initial Studies Attachment F Mitigation Monitoring and Reporting Program Attachment G Letter submitted by the Applicant 3 Ordinance 4. Planning Commission Proposed modifications 5. Extended Stay America-Information Booklet r \ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ORDINANCE NO. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 19.02.050 (DEFINITIONS) AND CHAYI'ER 19.06 (COMMERCIAL DISTRICTS) SECTION 19.06.020, TABLE 06.01 (PERMITTED USES), TABLE 06.03 (SPECIFIC STANDARDS), AND SECTION 19.06.030 (DEVELOPMENT STANDARDS) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) TO MODIFY TEXT RELATED TO DEFINITIONS, REQUIREMENTS AND STANDARDS FOR HOTELS, MOTELS, AND EXTENDED LODGING FACILITIES. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 19.02, Section 19.02.050, Definitions and Chapter 19.06, Section 19.06.020, Table 06.01 (C), and Table 0.06.03, and Section 19.06.030 (2) (Z) of the Municipal Code (Development Code) are amended to add definitions and modify tables and text related to Hotels, Motels, and Extended Lodging Facilities requirements and standards as shown in Exhibit A attached hereto and incorporated herein by reference. SECTION 2. Severability. In the event that any provision of this Ordinance, or any part t~ereof, or any application thereof to any person or circumstance. is for any reason held to be unconstitutional or otherwise invalid or ineffective by any court of competent jurisdiction on its face or as applied, such holding shall not affect the validity of effectiveness of any of the remaining provisions of this Ordinance, or any part thereof, or any application thereof to any person or circumstance or of said provision as applied to any other person or circumstance. It is hereby declared to be the legislative intent of the City that this Ordinance would have been adopted had such unconstitutional, invalid, or ineffective provisions not been included herein. 24 25 26 ///1 lilt 27 ///1 28 nD. Sf 3/1 t/O? 1 \ 1 AN ORDINANCE. . . AMENDING SECTION 19.02.050 (DEFINITIONS) AND CHAPTER 19.06 (COMMERCIAL DISTRICTS) SECTION 19.06.020, TABLE 06.01 2 (PERMITTED USES), TABLE 06.03 (SPECIFIC STANDARDS), AND SECTION 3 19.06.030 (DEVELOPMENT STANDARDS) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) TO MODIFY TEXT RELATED TO DEFINITIONS, 4 REQUIREMENTS AND STANDARDS FOR HOTELS, MOTELS, AND EXTENDED LODGING FACILITIES. 5 6 7 Common Council of the City of San Bernardino at a I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and meeting thereof, held 8 on the day of 9 Countil Members: AYES 10 ESTRADA 11 LIEN 12 13 MCGINNIS , 2002, by the following vote to wit: NAYS ABSTAIN ABSENT 14 DERRY 15 SUAREZ 16 , ANDERSON 17 18 MCCAMMACK 19 20 City Clerk The foregoing ordinance is hereby approved this day of 21 22 23 24 25 Approved as to form and legal content: 2002. JUDITH V ALLES. Mayor City of San Bernardino 26 JAMES F. PENMAN 27 City Attorney 28 ~ ,.., /) . By: I"v.,,_u" 7. (~ C' 2 EXHIBIT A 19.06.030 (2HZ) HOTELS, MOTELS AND EXTENDED LODGING FACILITIES 1. Hotels and Motels are allowed in the CG-1I5, CG-2, CG-4, CR-2, CR- 3, and CCS-lland use districts. Extended Lodging Facilities are allowed in the CR-2 and CR-3 land use districts. 2. All Hotels, Motels, and Extended Lodging Facilities are subject to a Conditional Use Permit and shall comply with the following standards in addition to any conditions imposed by the Planning Conunission. a. Hotels and Extended Lodging Facilities shall provide guestrooms with voicemail, dataports, desk, laundry facilities, color television, alarm clock or wake up service. Hotels and Extended Lodging Facilities shall also make irons and ironing boards available to guests upon request. Motels shall provide guestrooms with voicemail, desk, color television, and alarm clock or wake up service. :(i~~~ b. The minimum lot size for a Hotel or Extended Lodging Facilities shall be one (1) acre. The minimum room size for Hotels, and Extended Lodging Facilities shall be 300 square feet. There shall be a minimum of 25 square feet per guestroom of meeting space for full service Hotels. c. Hotels and Extended Lodging Facilities shall include recreational facilities such as a pool, whirlpool/spa and fitness room. Motels shall provide a pool. d. A restaurant shall be provided for full service Hotels and a guest courtesy lounge (for snacks including vending machines) shall be provided for limited service Hotels and Extended Lodging Facilities. e. Hotels, Extended Lodging Facilities and Motels shall provide a 24- hour per day on-site manager. f. Hotels and Extended Lodging Facilities shall provide interior access to rooms. Motels can have access from walkways or the parking lot. 3. An application for a Conditional Use Permit for a Hotel, or Extended Lodging Facility shall be accompanied by a report with the following information. a. Number of Hotel, Motel, and Extended Lodging Facility rooms available in the City; b. Current rate structure of existing facilities in the City and lor the adjacent areas; c. Proposed rate structure, including term (daily, weekly, etc.); 4. Kitchens, kitchenettes and other cooking facilities shall not be permitted within Hotel or Motel units except the manager's unit. Kitchens, kitchenettes or other cooking facilities may be permitted within Extended Lodging Facilities. 5. Housekeeping services including cleaning and linen service shall be offered daily to every guestroom. 6. Leases of any duration are prohibited. 7. All of the provisions of this section of the Development Code Amendment shall be written in to the deed and recorded, prior to the issuance of a grading permit. ~.... ..,." :- ~ ......, ~ ..~::}:.f; 8. No existing Hotels or Motels can be converted to an Extended Lodging Facility. 9. Hotels, Motels and Extended Lodging Facilities cannot be used for long- term occupancy (i.e. apartments, care facilities, boarding houses, etc.). a. Hotels may have a maximum continuous length of stay of fourteen (14) days with a 5-day interruption required before commencement of each such subsequent stay. b. Motels may have a maximum continuous length of stay of fourteen (14) days with a 5-day interruption required before commencement of each such subsequent stay. c. Extended lodging facilities may have a maximum continuous length of stay of thirty (30) days with a 5-day interruption required before conunencement of each such subsequent stay. BASIC PROVISIONS - 19.02 use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of any structure including any facility of any private, public or municipal utility; and the removal of any major vegetation. As used in this Development Code, "structure" includes but is not limited to any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line. A "project," as defined in Government Code Section 65931, is included with this definition. Development Code. A unified text incorporating those areas of regulation more typically presented in separate zoning and subdivision ordinances and related chapters of the Municipal Code, hereafter referred to as the "Development Code." Director. The Director of the San Bernardino Planning and Building Services Department, hereafter referred to as "Director" or designee. Dormitory. A structure intended' principally for sleeping accommodations, and where no individual kitchen facilities are provided, where such structure is related to an educational or public institution or is maintained and operated by a recognized non-profit welfare organization. Dwelling. A structure or portion thereof designed for residential occupancy, not including hotels or motels. Dwelling, Multiple. A structure containing 2 or more dwelling units or a combination of 2 or more separate single family dwelling units. Dwelling Unit. One or more rooms including bathroom(s) and a kitchen, designed as a unit for occupancy by I family for living and sleeping purposes. Easement. A grant of 1 or more property rights by the property owner for the use by the public, a corporation or another person or entity. Educational Institution. A school, college or university, supported wholly or in part by public funds or giving general academic instruction equivalent to the standards prescribed by the State Board of Education. Entertainment (Live). Any act, play, revue, pantomime, scene, dance act, or song and dance act, or any combination thereof, performed by 1 or more persons whether or not they are compensated for the performance. Extended Lodging Facility. A limited service lodging facility containing fifty (50) or more guest rooms in one or more buildings containing individual guestrooms or suites of rooms which provides some additional services such as kitchen facilities, amenities, recreational facilities, and/or meals and stays are thirty (30) days or less. Family. An individual, or 2 or more persons related by blood, marriage or legal adoption, or a group of not more than 6 persons who are not so related living together as a single housekeeping unit. 1-11 3/01 BASIC PROVISIONS - 19.02 Gross Acreage. The total area within the lot lines of a lot or parcel of land before public streets, easements or other areas to be dedicated or reserved for public use are deducted from such lot or parcel, and does not include adjacent lands already dedicated for such purposes. Ulillty Easement New Slreels Exisling Sl,ee' GROSS ACREAGE Gross Floor Area. The area included within the surrounding exterior finish wall surface of a building or portion thereof, exclusive of courtyards. Guest House. Living quarters, having no kitchen facilities, located on the same premises with a main building and occupied for the sole use of members of the family, temporary guest, or persons permanently employed on the premises. . Half Story. A story under a gable, hip or gambrel roof, plates of which are not more than 2 feet above the floor of such story. Home Occupation. An activity conducted in compliance with Chapter 19.54 carried out by an occupant conducted as an accessory use within the primary dwelling unit. Hospital. An institution, designed within an integrated campus setting for the diagnosis, care, and treatment of human illness, including surgery and primary treatment. Hotel. A full service lodging facility containing fifty (50) or more guest rooms which provides some additional services such as restaurants, meeting rooms, amenities, and recreational facilities and stays are fourteen (14) days or less. Indoor Retail Concession MalI. Any indoor, multi-tenant retail or discount mall, operated during regular business hours, wherein the majority of square footage is used (or offered) for concession or leased floor area and/or wall space for which a fee, commission, or lease is 'charged. Individual licensed vendors shall be permitted to engage in sales of either new or used merchandise.. MC 825 3117/92 1-13 3/01 , ,~ <r"" BASIC PROVISIONS - 19.02 Microbrewery. A small scale production of beer, with or without food service, including on-site storage and shipping of products produced on the premises; food service may be provided ancillary to the use. MC 997 8/7/97 Mixed Use Development. The development of a parcel(s) or structure(s) with 2 or more different land uses such as, but not limited to a combination of residential, office, manufacturing, retail, public, or entertainment in a single or physically integrated group of structures. Mobile Home. Same as "Manufactured Home," but subject to the National Manufacrured Housing Construction and Safety Act of 1974. Mobile Vendor. An individual providing sales of retail and/or food items from a moveable cart in a public place. MC 997 8/7/97 I Motel. A limited service lodging facility which provides some additional services such as I restaUrants, amenities, and/or recreational facilities, and stays are fourteen (14) days or less. Neighborhood Grocery Stores. A full service grocery store less than 15,000 square feet (with or without alcohol sales) that sells fresh fruit, vegetables, meat and fish, and has food prepared on site. MC 10934/4/01 Net Site Area. The total area within the lot lines of a parcel of land after public street easements or other areas to be dedicated or reserved for public use are deducted from such lot or parcel. Nonconforming Structure. A strucrure which conformed to applicable laws when constructed but does not conform to the provisions of this Development Code. . Nonconforming, Illegal. A strucrure, lot, or use which did not conform to applicable laws when . constructed or initiated, and does not conform to the provisions of this Development Code. Nonconforming Lot. A lot, the area, frontage or dimensions of which do not conform to the provisions of this Development Code. Nonconforming Use. A use complying with applicable laws when established but does not conform to the provisions of this Development Code. Outdoor Sales/Displays. A promotional sales event conducted by 1 or more businesses which is held outside the confines of the commercial structure(s) in which such business is normally conducted and which sale involves the outdoor display within a paved or concreted area on the same lot as the structure(s) of merchandise which is normally displayed within the strucrure(s). Sale events shall be conducted solely on private property and not encroach within public rights- of-way. MC 972 7/4/96 Parcel. A parcel of land under one ownership that has been legally subdivided or combined and is shown as a single parcel on the latest equalized assessment roll. . 1-18 3/01 jCI'J !UN IU I~- !U , i , := iU i i )!J " , ; ;Cl:_ :u'-' liCl:M: U , .Cl:_ !U I , "- I," "', U- " !(.?M iU en . f;Iili : enl" M ,., ;:liU : .; "'ClI . ,,:,;:;:.;>,~ ! L' ~: t::lu-, .....' ~i8M f;Iil' ~IO ~lu- 01 . 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",... r.. - CITY OF SAN BERNARDINO INTER-OFFICE MEMORANDUM TO: James Penman, City Attorney FROM: James Goddard, Investigator DATE: March 12,2002 Re: Extended Stay America On today's date, at approx. 1130 AM I was contacted by Attorney Henry Empeno regarding a recent application by Extended Stay America Efficiency Studios to construct and operate motel complex in San Bernardino directly to address business guests for extended stays. He indicated that Ontario had a facility in the Ontario Mills area, and requested myself and Investigator Hugh Gonthier investigate the business and determine if the business stimulated additional calls for service with the police department, had a negative impact on the business community in that area, and observe the general operation. Following Mr. Empeno's request, I made telephone contact with the Ontario police Department. I was transferred to a employee in Crime Analysis that identified herself only as "Ina". I requested she provide Calls for Service statistics information on the business to cover the period of hOle from 1997 to today's date. She advised the information would be avaiiable as soon as Wednesday, March 13,2002. I advised that Investigators from our agency would respond fc.r the information on that date. She then advised that Chino Police Department had conducted a similar investigation last year and might have information on the business. Ina provide the name of the Crime Arlalyst, Christine Charley, and business phone number(909-590-5576). I was able to make phone contact with Officer Charley who said she would Fax the information she had on the business. The Fax (see attached) was received and revealed the following information. During the year 2001 there were 31 calls for service which were documented. Vehicle burglaries led the list with eleven(ll) followed by five(5) auto thefts. Frequently, items of value were left in sight, in vehicles promoting many of the thefts from vehicles. Accompanied, were crime stats for Extended Stay America motel in San Dimas. Thirty four calls for service were reported in the same period. Their stats were far fewer than the Ontario motel regarding thefts with a side note of "a few drug and prostitution problems" were mentioned. Investigators Gonthier and Schwenka will follow up Ontario Police Department. (, ,/ _\~< 'V~~~ ,- /James Goddard . JG_tbrnl~~3y.M.:ml ~>-."I, - /;,. JI'f/1~ ...... .:{ J ae -..:-:. ,.... ;"h.. . 't~'{;~:".~~f~l~}:;~~.t./.t~ ". , ';.;-=.... ;~ ,. ;".... ._~,.~>~~..,t:-!:it:. ,": '... .t:i;,;;;t~~~~?'::# .,~~. .,.,,:!J1 '. c~' NJ "._ J.:.~".~_.. .:. ...."'- ,. J '.~\i. rG:..~~'~ "0''1 'I .,\~' ';t.~~ .~ .4'. . ~. ,:)9>.. "~W1;;,. 'l"-:; . ..'f.: ...;~~~ ~ ~t..;t- .....~.L ,~~ -Z":"'IO:::.F .., 13250 Central Ave, Chino CA 91710 (909) 590-5540 Fax (909) 590-0564 FAX . '3\ {Y\ (-.cc\~ TO: H FAX#: 33L\-SdO ~ FROM: [hc', b\-;~ (P6J.. \ eU r )if'rL~ ~v,"-~ DATE: '6 1\ d- \Ord-, PAGES: '0 MEMO: '39 D - SSI", r?\~ ~~ \"A.i- cJ- c.. qa~') lJ,..') \ ~ ~ to--lLO\-.L'IYLO . \~~~'V.. Confidentiality notice; 1lc matertll UlnSmlned ha~in is intended ani)' for the \1St of lite IddrcUCC.1I\d mil)' contahl mrormllion lhat constitutes worlc. prodUd. Dr iJ subject 10 IttDmcy..clicnl privilcac.. or is conlide:ndll and pempl from dildolure under applicable law, Oisscmin.tion. dlsuibution. or c.opyinl or thlJ communiealiOl1 or n:lilnCC upon ill contents i. strictly prohibited. I r you hive received . this c:ommunitalion in error, plcue noli"" u1 immediately by 1elcphonc end mum the originallO us via Ihe U.S. POI1II Service. City Qf Chino Police Department MEMORANDUM OjJico of/ho Chlif of Po/iCO Eugo.o J. Ho,"and... To: From: Date: Jim Goddard, San Bernardino County Attorney's Office Christine Charley, Crime Analyst 3/12/02 Subject: Extended Stay America Information We contacted the police departments in the cities of Ontario, San Dimas. and Orange requesting crime statistics relating to their Extended Stay America motels. The crime analyst from Ontario PD informed me that they do have a fair amount of activity at their Extended Stay America motel, but that most of their clientele are business people attending conferences in town. The motel is fairly close to the airport as well. They did have a lot of vehicle burglaries (11) and auto thefts (5) for the year 2001, however she stated that they had meetings with the management and attributed many of the burglaries to people who left laptops. briefcases, cell phones, and other valuables in plain sight. She didn't see their motel as a magnet for illegal activity. These were the statistics she provided: 5 2 11 2 1 5 1 4 Auto Thefts Domestic Violence calls Burglaries Vandal isms Forgery Suspicious Circumstances Carjacking Traffic Calls .. We. Ihe members of /he Chino Police nepar/melll, UTI' <lediwled 10 the safety of 1111r comml/flily through teamwork llnd probll!ltI-soll'illg pelrtllerships; providing e..cellelll service \I'/Ih dignify cmd respect. " r San Dimas did not provide any written reports. but I did get some statistics over the phone. I spoke with an officer who stated that they did not have many problems at their Extended Stay America motel either. They had a total of 34 calls for service last year. These were the notable slats: 1 1 1 1 2 1 1 Grand Theft Auto Forgery Domestic Violence Vandalism Attempt Suicide Prowler Defrauding an Inkeeper I asked about illegal activity and the officer slated that there are few drug or prostitution problems at this location. The dispatcher with the City of Orange stated that they have quite a few calls to the Extended Stay America motel, however she was not more specific. Apparently they have a narcotics registrant and sex regislrantthat are registered al that location. "We. the memhers of the Chino Police Deparcmetll. are dedicated 10 the safety of ollr community through teamwork (1/1(1 problem-soh'illg partnerships: providing excellent sen'ice with. dignify and respect. " r I', CITY OF SAN BERNARDINO INTER-OFFICE MEMORANDUM FROM: James Penman, City Attorney Ron Scbwenka, Investigator.q TO: DATE: l\larcb 15, 2002 SUBJECT: Extended Stay America On 3-13-02 I made contact with Ina in the Crime Analysis Unit of the Ontario Police Department, who had the crime stats for the Extended Stay America complex. After obtaining the stats I read them over and noticed that they covered the time period of 1997 to the present. They averaged 55 cans for service per year. Most of the cans for service were automobile related, where. they were stolen or they were broken into and property was taken. Since they are close to the freeway and they have a high occupancy rate, there parking lot has a lot of vehicles in it. This would be a natural draw to certain elements in our society and if it became a problem here our police department could address it. See attached crime analysis document. /'-1 ""'.)1 1t'1'~r" . 7".-' . jl/r /).1- r The Ontario police Department provides this information in good faith, but provides no warranty nor accepts any liability arising from any incorrect, incomplete or misleadin~ information. The term Calls for Service does not cessarily indicate a cr~me occurred, only that police interaction occurred. 12-Mar-2002 Calls for service for 3990 E. Inland Empire Bl. Page 1 Jan 1 - Dec 31, 1997 97 1851R - 6 ,2 - 1 .5 - 3 .5F - 1 .5N - 1 i9A - 1 i9R - 6 17R - 1 J8R - 1 )J - 1 JSY - 2 ITCON - 4 )DE32 - 1 IRE - 1 ;2 - 1 A.RC - 3 PI . ~i 2COV - 1 A.FCK - 7 USPSJ - 3 USBl.iH - 1 CIY:?':~~ - 1 RAHC - 2 Total calls for year: 50 ~~~~~~~~n~:~:~~~; ~~~~~~~~~~~~~~~~~ ~n~n n ~ O~~~ ~ Ul:oO:O:: I I , , I.... <~:l: ' Z I I I I :0 ..... UI ....0...... I I' ... ........,JUI , ~ ,,~ " ~ " ~ " ~ . ~ " ~ " ~ ~ . g;.~; =3~. Ql31-"'0 ...'00.::1 .......lD.... ~lDIIJQI ,,~ ~ .::1..... ... 00 ~O o..,f:"l:J n'a ~ g. 01....,... ....CIIlJ1n rD....::Illl .~ 0' IlIlt'> .....10.,., . ~ ."'01511 .0. 0....0 ::s g~.a .... c a....'O ",II>CIl'" ~~ 0 :iog~ ~ ::::J '< 0. , . o ~0 ~ ~ .<~~;. e"'- .... .......r.n ....... -::r....... .::J Ill.,...... .... ......'<::::1 '"' III a..... ::Et '8n~ g .0 ...1>>..-3 ~ n:::~'~ '0 1ll0l::l- ",0 ... ........ ::l . ::J 0'" ......,.,... ~ ~ Ul~::J .. '" n..,l>>O ...<::10 ........'<Co 00 ":3-::Iltl........ 01"" :lQl \C , 0 a.n .... (.)::r.n 0 0.... 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O~H H oooi zoi HQ oi~ 0 C~ H>:O CC z~tz:I ~ ~~C'" MCZ Z ~M 04 0 c ZG"J cO~ > c< noo~ o 000 Z~~ ~" ~ z= ~ ~ Htz:I mZtz:l Z C"'tz:I MHoi tz:I non 4<C ~ M 00 Z 00 Z 0 ~Z 00< ~ ~ 0 4 "H 4 on H M H n4 "0 < ~ x o<:xl c C'" 0 ~o H "CJ 0 tz:I M 0 > 'tJ :z: g tz:I C II) ~ n z \.oJ Z C ~ :<'; " .~ .-!'ft," , 1:', , 5-Jc>-c>,zj# ;l) ,.. OFFICE OF THE CITY CLERK RACHEL G. CLARK, C.M.C. - CITY CLERK 300 North "D" Street. San Bernardino. CA 9241 8-0001 909.384.5002' Fax: 909.384.5158 www.ci.san-bernardino.ca.lis ~ May 22, 2002 Mr. W. Scott Fay CASCD 151 Kal Mus Drive, Suite H-8 Costa Mesa, CA 92626 Dear Mr. Fay: At the Mayor and Common Council meeting held on May 20, 2002, the following action was taken relative to Development Code Amendment No. 01-02, Conditional Use Permit No. 01-03, and Tentative Parcel Map No. 15635: That the hearing be closed; and that the Mayor and Common Council: 1. Adopt the Negative Declaration for Development Code Amendment No. 01-02; 2. Adopt the Mitigated Negative Declaration for Conditional Use Permit No. 01-03 and Tentative Parcel Map No. 15635 and the Mitigation Monitoring and Reporting Plan for Conditional Use Permit No. 01-03; 3. Approve Development Code Amendment No. 01-02, based on the Findings of Fact contained in the Planning Commission Staff Report dated February 19, 2002, and that said ordinance be laid over the final adoption; and 4. Approve Conditional Use Permit No. 01-03 and Tentative Parcel Map No. 15635, based upon the Findings of Fact contained in the Planning Commission Staff Report dated February 19,2002, and subject to the Conditions of Approval (as modified) and Standard Requirements. CiTY OF SAN BERNARDINO ADOPTED SHARED VALVES: Integrity' Accountability' Respect for Human Dignity' Honesty . . w. Scott Fay/Casco May 22,2002 Page 2 If we can be of further assistance, please do not hesitate to contact this office. Sincerely, C;~~iJL h. ~ Rachel G. Clark, CMC City Clerk RGC:ls cc: Development Services