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Home My WebLink About10-Development Services ~ CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: James Funk, Director Dept: Development Services 0' C' .. Date: May10,2002 ,.........liL 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. 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. r:!~ Contact person: V~lp.np. r Rn<::<:: phnnp, "lR4_'iO'i7 Supporting data attached: StaffRf'.p01t. ordinance Ward: DCA Citywide/CTJP/TPM-l FUNDING REQUIREMENTS: Amount: N/A Source: (Ace!. No.) (A{'('t npl:!f"npt-inn) Finance: Agenda Item N< :!f/(J '13/~ 2- Council Notes: l\I ~- 1 \~(, " .... 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, staff recommended 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 offacility. Although the applicant agreed with many of staff s recommendations, they requested that the City allow continuous lodging longer than a maximum of 30 days. At the request ofthe applicant, the item was continued to allow staff and the applicant to meet and discuss the length of stay provisions. Attachment 1 of the 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 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 I attached hereto and incorporated herein by reference. 14 SECTION 2. Severability. In the event that any provision ofthis Ordinance, or any part thereof, 15 or any application thereof to any person or circumstance, is for any reason held to be 16 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 I 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 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and 7 Conunon Council of the City of San Bernardino at a meeting thereof, held 8 on the day of , 2002, by the following vote to wit: 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 ESTRADA 11 LIEN City Clerk 19 20 21 2002. 22 23 24 Approved as to form and legal content: The foregoing ordinance is hereby approved this day of JUDITH V ALLES, Mayor City of San Bernardino 25 JAMES F. PENMAN 26 . City Atto~rneY 1 27 By: ~ . 28 .:5{'ec [ Cc~,."",.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-Iland 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 adjacent areas; c. Proposed rate structure, including term (daily, weekly, etc.); 4. Kitchens, kitchenettes and other cooking facilities shaH 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 shaH 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 of fourteen (14) days with a 5-day interruption required before commencement of each 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 foHows: a. One hundred (100) % of the 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) % ofthe 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. 15. Operators of Hotels, Motels, and Extended Lodging Facilities shall provide the City with rental receipts, and related, pertinent information, within 3 days after request by any City official. . 16. All of the provisions of this 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 following 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. Abuttinl! (Adiacent). 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 Activity. 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. Accessorv 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. Alley. 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. Dwellinl!. A structure or portion thereof designed for residential occupancy, not including hotels or motels. Dwellin\'.. MuItinle. A structure containing 2 or more dwelling units or a combination of 2 or more separate single family dwelling units. DweUinl! Unit. One or more rooms including bathroom(s) and a kitchen, designed as a unit for occupancy by 1 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 CLive). 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 Lodl!inl! 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 defmed in Section 19.06.030(2)(Z)(1l) of this Development Code. 1-8 3/01 BASIC PROVISIONS - 19.02 Gross Acreal!e. 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. Utility Easement New Streets Existing Sl,eel 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 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 OccuDation. An activity conducted in compliance with Chapter 19.54 carried out by an occupant conducted as an accessory use within the primary dwelling unit. HosDital. An institution, designed within an integrated campus setting for the diagnosis, care, and treattnent of human illness, including surgery and primary treattnent. 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 9978/7/97 Mixed Use DeveloDment. 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 9978/7/97 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 frui~, 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 not conform to the provisions of this Development Code. Nonconforminl!. lllel!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. Nonconformiol! Lot. A lot, the area, frontage or dimensions of which do not conform to the provisions of this Development Code. Nonconformiol! Use. A use complying with applicable laws when established but does not conform to the provisions of this Development Code. Outdoor SaleslDisDlavs. A promotional sales event conducted by 1 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. 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"2 o o ] ~ ;j ....l q 5 ~ o :x: c ~ ~ ~ 0; .D ~ ~ c ~ > <: ~ o ;j .... ~ ~ 8: ~ b 00 g g:; '" c u ~ :E ~ ]~ -g~~'<t~ CQ:::;~~- ON<o:tN(::;J "";"N~~- _-("<"\Non 'O~~~~ ..coooooo- "Suuuu <il~~~~ ~ N .... ~ V'l CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Date: February 26, 2002 Subject: Development Code Amendment to clarify the defmitions 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 Requirements. r:: ~es~ Contact person: Tnp Rp.lbnr11 phnnp, ,R4_~()~7 Supporting data attached: Staff Report. ordinance Ward: DCA CitywidelCl JP/TPM-l FUNDING REQUIREMENTS: Amount: N/A Source: (Acc!. No.) ( A ('('t np(!(,rlptlnn) Finance: Council Notes: Agenda Item No. 3//t/01- 3/ 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. 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 't~quirement 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 CommotiCouhcil: . 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 RequirementS (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 EXHIBIT 1 CITY OF SAN BERNARDINO PLANNING DIVISION LOCATION MAP LAND USE DISTRICTS PROJECT: DCA 01-02 TPM 15635 (SUB 01-01) CUP 01-03 HEARING DATE: 3/18/02 u NORTH , f'f= Sb.... Dt. -. \\- __I~~ ..... . ..~.~~or" 0 .~ "ILl ,'- ~I j ~L.':;, ..... : IT. : . , z , t;l./ V Icr.. _J ~ .:N~:: LN c Z ~ II-I ~ ...J.k:l . EXHIBIT 2 SUMMARY CITY OF SAN BERNARDINO PLANNING DMSION CASE: Development Code Amendment No. 01-02, Conditional Use Permit No. 01-03, and Tentative Parcel Map No. 15635 2 February 19,2002 DCA-Citywide/CUP/TPM--l AGENDA ITEM: HEARING DATE: WARDS: OWNER: BP California 3141 Hood Street, Second Floor Dallas, TX 75219 (214) 522-1717 APPLICANT: W. Scott Fay/Casco 151 Kalmus Dr., H-8 San Bernardino Ca 92401 (714) 751-9644 REQUEST/LOCATION: DeveloDment Code Amendment The requested Development Code Amendment (DCA) would amend Chapter 19.02, Section 19.02.050 (Definitions), Chapter 19.06, Section 19.06.020, Table 06.01 (Permitted Uses), Table 06.03 (Specific Standards), and Section 19.06.030 (Development Standards) of the Development Code by amending the definitions for Hotel and Motel, adding a definition for Extended Lodging Facilities, providing new development standards for Hotels, Motels and Extended Lodging Facilities. Conditional Use Permit and Tentative Parcel MaD The Conditional Use Permit and Tentative Parcel Map are proposed to allow the construction of a 105 room Extended Lodging Facility at the northeast corner of Waterman A venue and Vanderbilt Way, and to subdivide a 9. I-acre parcel into a 2. 17-acre parcel for the Extended Lodging Facility, and a 6.94-acre remainder parcel. CONSTRAINTS/OVERLAYS: . Tri-City/Commercenter ENVIRONMENTAL FINDINGS: . Potential Effects, Mitigation Measures and Mitigation Monitoring/Reporting Plan STAFF RECOMMENDATION: . Approval . Conditions DCA No. 01-02, CUP No. 01-03, TPM No. 15635 Hearing Date 2/19/02 Page 2 REOUEST AND PROJECT DESCRIPTION Development Code Amendment The following provisions of the Development Code are proposed to be amended. The changes will be effective for Hotels and Motels, in the CG-1I5, CG-2, CG-4, CR-2, CR-3, and CCS-l land use districts and Extended Lodging Facilities in the CR-2 and CR-3 land use districts only. The definitions for Hotels and Motels were revised to more clearly define the distinction between them and their operating standards. In developing the standards for Extended Lodging Facilities Staff contacted other cities through the League of California Cities and consulted with the City of Ontario. The City of Ontario approved a Conditional Use Permit for an Extended Stay America in May of 1996. In our discussions they informed us as to what they previously developed as standards and what they would now add as additional standards. The standards in this Development Code Amendment are based on the discussions with the City of Ontario and the responses from the other California cities. Chapter 19.02, Section 19.02.050, to change the definitions of Hotel and Motel, as follows: Hotel: A full service lodging facility containing fifty (50) or more guest rooms, offering transient accommodations on a daily basis to the general public, and which provide additional services, such as restaurants, meeting rooms, and recreational facilities and stays are two (2) weeks or less. Motel: A lodging facility where guestrooms are predominantly accessed from parking lots or exterior walkways and stays are two (2) weeks or less. Chapter 19.02, Section 19.02.050, to add a definition for Extended Lodging Facilities, as follows: 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 provide some additional services such as kitchen facilities, amenities, recreational facilities, and/or meals and stays are less than thirty (30) days. Chapter 19.06, Section 19.06.020 Table 06.01 (C) (6) to add Extended Lodging Facilities as a conditionally permitted land use activity in the CR-2 and CR-3 land use districts. DCA No. 01-02, CUP No. 01-03, TPM No. 15635 Hearing Date 2/19/02 Page 3 Chapter 19.06, Section 19.06.020 Table 06.03 (J) to establish standards for Hotels, Motels and Extended Lodging Facilities. Chapter 19.06, Section 19.06.030 (J) to add the following Specific Development Standards. Add Section 19.06.030 (2)(J) 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-11and 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. The minimum room size for Hotels, and Extended Lodging Facilities shall be 300 square feet. There shall be a minimum of 12 square feet of meeting space per guestroom for limited service Hotels and Extended Lodging Facilities and 25 square feet 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 light meals and snacks including vending machines) shall be provided for limited service Hotels and Extended Lodging Facilities. DCA No. 01-02, CUP No. 01-03, TPM No. 15635 Hearing Date 2/19/02 Page 4 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 provided 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. 8. No existing Hotels or Motels can be converted to an Extended Lodging Facility. 9. Hotels, Motels and Extended Lodging Facilities cannot be use for long-term occupancy (ie. apartments, care facilities, boarding houses, etc) Conditional Use Permit and Tentative Parcel MaD The project area consists of 9.1 acres of currently vacant land located at the northeast corner of Waterman Avenue and Vanderbilt Way. The parcel map will result in the subdivision of the DCA No. 01-02, CUP No. 01-03, TPM No. 15635 Hearing Dale 2/19/02 Page 5 9.1 acres into two parcels, the western parcel being 2.17 acres, and the eastern parcel being 6.9 acres in size. The Conditional Use Permit is required to allow the development of a 105-unit Extended Stay America on the 2.17-acre parcel. The Extended Lodging Facility will be four stories in height, and will include kitchen facilities in each room. The Extended Lodging Facility will be geared to business travelers and employees being relocated by their employers, who will stay at the facility for a period in excess of 2 weeks. The proposed Extended Lodging Facility project includes 123 parking spaces, and landscaping of 41.1 % of the site. A landscaping buffer of 49 feet and 25 feet will be provided on Waterman Avenue and Vanderbilt Way, respectively. The Extended Lodging Facility will be open with front desk hours of 6 a.m. to 10 p.m. After 10 p.m. a room key would be required to gain access. Approximately 6 to 8 employees will work each shift at the hotel. Access will be available from the Vanderbilt Way frontage only. SETTING/SITE CHARACTERISTICS The area being considered for the parcel map is 9.1 acres in size, and generally flat. The site is bordered on the north by the Santa Ana River. A motel is located across Waterman Avenue to the west of the site. Office development and restaurants are located to the south and east. A fire station is also located to the east. Land use designations to the east, west and south are CR- 3 and PFC to the north. BACKGROUND The project site is located on an old landfill. The landfill is made up of primarily inert materials, but will still have to go through a clean closure. A closure plan was prepared for the site and was reviewed and approved by the County Department of Public Health, Local Enforcement Agency (LEA). The LEA is authorized by the State to monitor landfill operations and the closure of landfills. The LEA will monitor and certify the clean closure of this landfill prior to the issuance of a grading permit for development. The Development Review Committee reviewed the project on several occasions. On December 20,2001, the Development Code Amendment, Conditional Use Permit and Tentative Parcel Map were moved to the Planning Commission. Without the approval of the above-described Development Code Amendment, this project is not permitted due to the length of stay proposed by the applicant. The Development Code Amendment will allow the use, subject to a Conditional Use Permit. The development DCA No. 01-02, CUP No. 01-03, TPM No. 15635 Hearing Dale 2/19/02 Page 6 standards included in the Development Code Amendment will, however, require amendments to the site plan. These issues are discussed further under the Findings for the Conditional Use Permit, below. CALIFORNIA ENVIRONMENTAL OUALITY ACT (CEOA) The Development Code Amendment was reviewed under the California Environmental Quality Act. Staff prepared an Initial Study, and found that there would be no impacts from the amendment. The Initial Study was available for public review from August 2, 2001 through August 21,2001 (Attachment E). No comments were received during the public review period. A Negative Declaration is proposed. The Conditional Use Permit and Tentative Parcel Map were reviewed separately under the California Environmental Quality Act. Staff prepared an Initial Study, and found that potential impacts associated with the project could be mitigated. A Mitigated Negative Declaration is proposed. The proposed Mitigated Negative Declaration was available for public review from August 10 to September 10, 2001 (Attachment E). Several comments were received during the review period, and changes to the Mitigated Negative Declaration were made to reflect those comments. A Mitigation Monitoring and Reporting Program was prepared for the project (Attachment F). FINDINGS AND ANALYSIS DEVELOPMENT CODE AMENDMENT: 1. The proposed amendment is consistent with the General Plan. Yes, the proposed Development Code Amendment is consistent with General Plan Policy, 1.3.3 which encourages the development of hotels in the Commercial Regional Downtown (CR-2) the (CR-3) land use designations and the Tri-City/Commercenter land use plan and design guidelines. 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. No, the proposed amendment to the Development Code more clearly defines hotels and motels and includes extended stay facilities as a new conditionally permitted use. The development standards were established to ensure no impacts to the public interest, health, safety or welfare of residents or visitors. DCA No. 01-02, CUP No. 01-03, TPM No. 15635 Hearing Date 2/19102 Page 7 CONDITIONAL USE PERMIT: 1. 1s the proposed use conditionally permitted within the subject land use district, would it impair the integrity and character of the subject land use district, and does it comply with all of the applicable provisions of this Development Code? With approval of Development Code Amendment 01-02, the proposed use is conditionally permitted in the CR-3 land use designation. The proposed Extended Stay Facility building will be four stories in height, [mished in stucco. The building, as proposed and conditioned (see discussion under item #5, below), will be compatible with the existing development surrounding it. TABLE A - Develonment Code/General Plan Conformance CATEGORY PROPOSAL DEVELOPMENT GENERAL PLAN CODE Permitted Use Extended Lodging Permitted subject to N/A Facilitv Conditional Use Permit Height 52 feet 5 inches 4 stories/52 feet N/A 58 feet, 5 inches (tower) Setbacks - Front 25 feet 15 feet N/A - Side 35.5 feet 10 feet N/A - Rear 23 feet 10 feet N/A - Side Street 49 feet 10 feet N/A Landscaping 38,755 square feet - Total 41% 14, 180 square feet N/A 15% Lot Coverage 59% 75% N/A Parking - Standard 123 spaces 116 spaces N/A - Handicap 5 snaces 4 snaces DCA No. 01-02, CUP No. 01-03, TPM No. 15635 Hearing Date 2/19/02 Page 8 2. Is the proposed use consistent with the General Plan? General Plan Policy 1.3.3 states that it is the policy of the City of San Bernardino to: " Allow for the development of region-serving hotel and convention, entertaimnent, cultural and supporting uses in areas designated as: a. Commercial Regional-Downtown (CR-2) b. Tri-City/Commercecenter (CR-3)". General Plan Policy 1.17.10 states that it is the policy of the City of San Bernardino to: "Permit a diversity of region-serving uses including corporate and professional offices, retail commercial, entertaimnent (theaters, nightclubs, etc.), financial establishments, restaurants (excluding drive-thrus in the Tri-City /Commercenter area only), hotels/motels, warehouse/promotional retail, supporting retail and services, and similar uses in areas designated as Commercial Regional- Tri- City/Commercenter (CR-3)" . Yes, the proposed project will promote and implement these General Plan policies. The proposed Extended Stay Facility, as conditioned below (see item #5) will provide a service to the offices and other developments in this area of the City, and complement the uses already occurring. 3. Is the approval of the Conditional Use Permit for the proposed use in compliance with the requirements of the California Environmental Quality Act and Section 19.20.030(6) of the Development Code? Yes, the project was reviewed under the California Enviromnental Quality Act. Staff prepared an Initial Study, and found that potential impacts associated with the project could be mitigated. A Mitigated Negative Declaration is proposed (Attachment E). A Mitigation Monitoring and Reporting Program was prepared for the project (Attachment F). 4. Are there potentially significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored? No, as identified in Finding #3 above all enviromnental impacts can be mitigated, and a Mitigated Negative Declaration is proposed. DCA No. 01-02, CUP No. 01-03, TPM No. 15635 Hearing Date 2/19/02 Page 9 5. Are the location, size, design, and operating characteristics of the proposed use compatible with the existing and future land uses within the general area in which the proposed use is to be located and will it create significant noise, traffic or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity or adverse to the public interest, health, safety, convenience, or welfare of the City? The location, and size of the proposed extended lodging facility are compatible with the area in which it is proposed. The Waterman AvenueIVanderbilt Way area primarily houses office and retail land uses. The proposed Extended Stay America project will provide a service to the businesses by having lodging available for clients and transferred employees. Some issues are still outstanding regarding the design and operating characteristics of this proposal, however. These are described below. Design Two design issues do not conform to the Development Code. The first is the building height, which is proposed to be 52'5" for the roof ridge line, and 58'5" for the tower feature on the falYllde of the building. The Development Code allows for additional height in the CR-3 zone, with approval of a Conditional Use Permit. In this case, the bulk of the building is proposed to be only 5 inches above the maximum allowed, which does not represent a significant departure from Development Code standards, and is an acceptable variation. The tower element proposed for the fal;ade will occur on the east side of the building, and will be approximately 12 feet wide. The tower can be considered an architectural projection, and does not comprise a significant portion of the building. The projection is integrated into the architecture, and is an acceptable extension above the maximum building height. The second design issue pertains to the Development Code Amendment. The project cannot proceed without design amendments if the Development Code Amendment is approved. Specifically, items J.2. b. and c., in the Development Code Amendment text above, have not been satisfied. The plans for the Extended Stay America do not include either 1,260 square feet of meeting space (12 s.f. per rooml105 rooms) or a pool, spa and fitness room. A condition of approval has been added which requires that the planspbe modified to include these items, and that the plans be approved by staff prior to issuance of grading permits. DCA No. 01-02, CUP No. 01-03, TPM No. 15635 Hearing Date 2/19/02 Page 10 Operational Characteristics The proposed project does not include 24-hour on-site management. The applicant has stated that the front desk will be open from 6 a.m. to 10 p.m. The Development Code Amendment text, however, would require on-site 24-hour management. Condition #7 includes a requirement that this issue be remedied prior to issuance of grading permits. Facilities and Economic Analysis The proposed project did not include as a part of their application 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.); The Development Code Amendment text; however, adds this as new requirement for future applications. 6. Is the subject site physically suitable for the type and density/intensity of use being proposed? Yes, the site is physically suitable for the type and density/intensity of the project being proposed, as conditioned in item #5, above. 7. Are there adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety ? All agencies responsible for reviewing access, and providing water, sanitation and other public services have all had the opportunity to review the proposal, and none have indicated an inability to serve the project. The proposal will not be detrimental to the public health and safety in that all applicable Codes will apply to the construction of this project. DCA No. 01-02, CUP No. 01-03, TPM No. 15635 Hearing Date 2/19/02 Page 11 TENTATIVE PARCEL MAP: 1. Is the proposed map consistent with the General Plan and the Development Code? Yes, the proposed subdivision map is consistent with the General Plan and Development Code. The parcel created will meet minimum lot size, lot coverage, and access criteria. The Development Code requires a minimum lot size of 10,000 square feet in the CR-3 land use district and the applicant is proposing a 2.l7-acre site. The Development Code allows for 75% lot coverage and the applicant is proposing 59% lot coverage. The applicant has provided direct access from a public street as required by the Development Code 2. Is the design of the proposed subdivision consistent with the General Plan? Yes, the proposed use is consistent with General Plan Policy 1.17.10 which states: "Permit a diversity of region-serving uses including corporate and professional offices, retail commercial, entertainment (theaters, nightclubs, etc.), fmancial establishments, restaurants (excluding drive-thrus in the Tri-City/Commercenter area only), hotels/motels, warehouse/promotional retail, supporting retail and services, and similar uses in areas designated as Commercial Regional- Tri- City/Commercenter (CR-3)". The parcel map is required to divide the land for purposes of the Extended Stay Facility. The remainder parcel is not proposed for development at this time, but is large enough, at 6.94-acres, to accommodate development permitted in the CR-3 land use district. 3. Is the site physically suitable for the type of proposed development? Yes, the proposed project is suitable for this site. The lots being created meet the current development standards of the Development Code. 4. Is the site physically suitable for the proposed density of development? Yes, the lots being created meet the development standards of the Development Code for the CR-3, Regional Commercial Tri-City/Commercenter land use district. 5. Is the design of the subdivision likely to cause substantial environmental damage, or substantially and unavoidably injure fish or wildlife or their habitat? DCA No. 01-02, CUP No. 01-03, TPM No. 15635 Hearing Date 2/19/02 Page 12 No, the project was reviewed under the California Environmental Quality Act. Staff prepared an Initial Study, and found that potential impacts associated with the project could be mitigated. A Mitigated Negative Declaration is proposed for the Conditional Use Permit and the Tentative Parcel Map (Attachment E) and a Mitigation Monitoring and Reporting Program was prepared for the Conditional Use Permit (Attachment F). 6. Is the design of the subdivision likely to cause serious public health problems ? No, the lots being created have direct or approved access to a dedicated street. The design of the proposed parcels meet all of the applicable requirements for the CR-3, Regional Commercial Tri-City/Commercenter land use district. 7. Will the design of the subdivision or the type of improvements conflict with any easements, acquired by the public at large, for access through or use of, property within the proposed subdivision? No, the easements identified in the Preliminary Title Report relate to utilities. The design of the parcels and the proposed improvements will not conflict with these easements. CONCLUSION Development Code Amendment 01-02 is a request to amend Chapter 19.02, Section 19.02.050 (Definitions), Chapter 19.06, Section 19.06.020 Table 06.01 (Permitted Uses) and Table 06.03 (Special Standards), and Section 19.06.030 (Development Standards) of the Development Code to modify and allow hotels/motels and extended lodging facilities, respectively in various commercial land use districts subject to a Conditional Use Permit. Conditional Use Permit 01-03 and Tentative Parcel Map 15635 are needed to allow an extended lodging facility on 2.17 acres of a 9.1 acre parcel. The proposal meets all necessary Findings of Fact for approval of Development Code Amendment No. 01-02, Conditional Use Permit No. 01-03, and Tentative Parcel Map No. 15635. DCA No. 01-02, CUP No. 01-03, TPM No. 15635 Hearing Dale 2/19/02 Page 13 RECOMMENDATION Staff recommends that the Planning Commission recommend 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. 01-02, . Approve Development Code Amendment No. 01-02 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 Requirements (Attachment D). Respectfully Submitted, J!~U. ~ fvcJF Director, Development Services ~~.&LI.. 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'U;!l I e~" ,-.. @f~": --- l ~:':":: '"oo'v'Avis''' ---- I ""' lJDQU3 ]1'_" I <:/ --.. 'IIIIIO:lIJOOlljlUllllM I: I )'VMl1/FJI/30NVA I i II(]' ~~ !! I( l } :i ~'. ~ I V i i li"!11!1, I I jl il~~ ,. h~J..11 I 'Il!l,l ihllllllb I I ['~. I ~~e; rt:1!~ I: .~ '~"~ ~~ . I ,I Iii I i .000006 !!:l ~ '0( . Iii I I. ~!!illl 111,- .. r"! IIII · ;.h '" I.....!I. ... h. i ffi '" ~ 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 of this matter. Once notified, the applicant agrees to defend, indemnify and hold harmless the City of San Bernardino (City), the Economic Development Agency ofthe 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 of this 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 Date 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 grading activities; emission control of fumes, vapors, gases and other forms of air pollution; glare control; exterior lighting design control; noise control; odor control; screening; signs, off-street parking and off-street loading; and vibration control. Screening and sign regulations compliance are important considerations to the developer because they will delay the issuance of a Certificate of Occupancy until they are complied with. Any exterior structural equipment, or utility transformers, boxes, ducts or meter cabinets shall be architecturally screened by wall or structural element, blending with the building design and include landscaping when on the ground. 7. 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 Enteaasa Lac:lgiag faeility eanRet Be aBed fer a mailiag aaEHess, 9,ater registffttiaa, sefieel regiskatiSR, aT listed fer a f)eFseBaI flB8R8 ffilfBher. DCA No. 01-02, CUP No. 01-03, TPM No. 15635 Hearing Date 2/19/02 Page 3 10. ..^"ll eftke fJfs",isieBs aftae De":elefJmeltt Cage ).msR8meftt shall]:,8 \"lriMea iR to the aeea 8.fla feeefElea, prier t8 t,fie iss1:lanee sf a. gratliBg peauit. 11. LeRg tSfHl Leases are fJfehi9itea. 12 The mitigation measures outlined in the Mitigation Monitoring and Reporting Program are applicable and are considered a Dart of the Conditions of Aooroval. 13. This permit or approval is subject to the attached conditions or requirements of the 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 DCA No. 01-02, CUP No. 01-03, TPM No. 15635 Hearing Date 2/19/02 Page 20 ATTACHMENT "C" Conditional Use Permit No. 01-03 Tentative Parcel Map No 15635 CONDITIONS OF APPROVAL I. 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 of this matter. Once notified, the applicant agrees to defend, indemnify and hold harmless the City of San Bernardino (City), the Economic Development Agency of the City of San Bernardino (EDA), any departments, agencies, divisions, boards or commission of either the City or EDA as well as predecessors, successors, assigns, agents, directors, elected officials, officers, employees, representatives and attorneys of either the City or EDA from any claim, action or proceeding against any of the foregoing persons or entities. The applicant further agrees to reimburse the City of any costs and attorneys' fees which the City may be required by a court to pay as a result of such action, but such participation shall not relieve applicant of his or her obligation under this condition. The costs, salaries, and expenses of the City Attorney and employees of his office shall be considered as "attorneys fees" for the purpose of this 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. DCA No. 01-02, CUP No. 01-03, TPM No. 15635 Hearing Date 2/19/02 Page 21 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; b. Placement and/or height of walls, fences and structures; c. Reconfiguration of architectural features, including colors, and/or modification of [mished 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 of land 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 grading activities; emission control of fumes, vapors, gases and other forms of air pollution; glare control; exterior lighting design control; noise control; odor control; screening; signs, off-street parking and off-street loading; and vibration control. Screening and sign regulations compliance are important considerations to the developer because they will delay the issuance of a Certificate of Occupancy until they are complied with. Any exterior structural equipment, or utility transformers, boxes, ducts or meter cabinets shall be architecturally screened by wall or structural element, blending with the building design and include landscaping when on the ground. DCA No. 01-02, CUP No. 01-03, TPM No. 15635 Hearing Date 2/19/02 Page 22 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 Extended Lodging Facility cannot be used for a mailing address, voter registration, school registration, or listed for a personal phone number. 10. All of the provisions of the Development Code Amendment shall be written in to the deed and recorded, prior to the issuance of a grading permit. 11. Long-term Leases are prohibited. 12 The mitigation measures outlined in the Mitigation Monitoring and Reporting Program are applicable. 13. This permit or approval is subject to the attached conditions or requirements of the 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 ATTACHMENT D City of San Bernardino STANDARD REQUIREMENTS Development Services/Plan Check Division Date: January 31,2001 Property address: Waterman Avenue and Vanderbilt Way 1. Submit 4 sets of plans, minimum size 18" x 24", drawn to scale. If plan check is for expeditious review, submit 5 sets. The plans shall include (if applicable): a. site plan (include address & assessors parcel number) b. foundation plan c. floor plan (label use of all areas) d. elevations e. electrical, mechanical, & plumbing plans f. detail sheets (structural) g. cross section details h. show compliance with Title 24/Accessibility (disabled access) i. a plan check deposit fee will be required upon submittal of plans. Call Development Services (plan check) 909-384-5071 for amount. 2. The title sheet of the plans must specify the occupancy classification, type of construction, if the building has sprinklers, & the current applicable codes. 3. The person who prepares them must sign the plans. Also, provide the address & phone number of that person. Some types of occupancies require that the plans are prepared, stamped, and signed by an architect, engineer, or other person licensed by the State of California. 4. For structures that must include an engineers design, provide 2 sets of stamped/wet signed calculations prepared by a licensed architect/engineer. 5. Provide 2 sets of Title 24/Energy compliance forms and calculations. Some compliance forms are required to be printed on the plans. 6. Submit grading, site, and/or landscape plans to Public Works/Engineering for plan check approval and permits. For more information, phone 909-384-5111. 7. Fire sprinkler plans, fires suppression system plans, etc., shall be submitted to the Fire Department for plan check approval and permits. For information, phone 909-384-5388. 8. Signs require a separate submittal to the Planning Division for plan check approval and permits. For information, phone 909-384-5057. 9. Restaurants, food preparation facilities, and some health related occupancies will require clearances and approved plans from San Bernardino County Health Department. For information, phone 909-387-3043. 10. Occupancies that include restaurants, car washes, automotive repair/auto body, dentist offices, food preparation facilities or processing plants, etc. may require approvals and permits from San Bernardino Water Reclamation. For information, phone 909-384-5141. 11. An air quality permit may be required. Contact South Coast Air Quality Management Division for information, phone 909-396-2000. 12. State of California Business & Professions Code/Contractors License Law requires that permits can be issued to licensed contractors or owner-builders (that are doing the work). Contractors must provide their State license number, a city business registration, and workers compensation policy carrier & policy number. Owner-builders must provide proof of ownership. NOTE: PLAN CHECK TIME ON THESE TYPES OF PROJECTS IS APPROXIMA TEL Y 3-4 WEEKS FOR 1 ST CORRECTIONS. EXPEDITIOUS REVIEW IS APPROXIMA TEL Y 10 WORKING DAYS. THE DEVELOPMENT REVIEW PROCESS IS NOT THE BUILDING PLAN CHECK AND DOES NOT IMPLY THAT THE DESIGN AS SUBMITTED WILL BE APPROVED WITHOUT CORRECTIONS. Note: Submittal must include calculations for the allowable area and allowable story increases based on the Type of Construction and the Occupancy Classification. STANDARD REQUIREMENT....s DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION CASE NO: Tentative P.M. DESCRIPTION: Subdivide one parcel to two parcel and 15635 and C.U.P. No. 01-03 construct a story hotel with 105 units. APPLICANT: LOCATION:.N/E corner of Waterman Ave. and W. Scott Fay/CASCa Vanderbilt Way . NOTE TO APPLICANT: Where separate Engineering plans are required, the applicant is responsible for submitting the Engineering plans directly to the Engineering Division. They may be submitted prior to submittal of Building Plans. 1. Drainage and Flood Control a) All necessary drainage and flood control measures shall be subject to requirements of the City Engineer, which may be based in part on the recommendations of the San Bernardino County Flood District. The developer's Engineer shall furnish all necessary data relating to drainage and flood control. b) A permit will be required from the Department of Transportation and Flood Control if any work is required within the Flood Control District's right-of. way. c) A local drainage study will be required for the project. Any drainage improvements, structures or storm drains needed to mitigate downstream impacts or protect the development shall be designed and constructed at the developer's expense, and right-of-way dedicated as necessary. d) The development is located within Zone X (shaded) on the Federal Insurance Rate Maps and may be subject to sheet overflow to a depth of less than 1 foot in a 100 year storm; therefore all building pads shall be raised above the surrounding area as approved by the City Engineer. e) All drainage from the development shall be directed to an approved public drainage facility. If not feasible, proper drainage facilities and easements shall be provided to the satisfaction of the City Engineer. Page 1 of 14 Pages 2/112002 STANDARD REQUIREMEtiIS DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION CASE NO: Tentative P.M. DESCRIPTION: Subdivide one parcel to two parcel and 15635 and C.U.P. No. 01-03 construct a story hotel with 105 units. APPLICANT: LOCA TION:_N/E corner of Waterman Ave. and W. Scott Fay/CASCO Vanderbilt Way f) If site drainage is to be outletted into the public street, the drainage shall be conveyed through a parkway culvert constructed in accordance with City Standard No. 400. Conveyance of site drainage over the Driveway approaches will not be permitted. g) Applicant shall mitigate on-site storm water discharge sufficiently to maintain compliance with the City's NPDES Storm Water Discharge Permit Requirements. A "Notice of Intent (NOI)" shall be filed with the State Water Quality Control Board for construction disturbing 5 acres of more of land. h) The City Engineer, prior to grading plan approval, shall approve an Erosion Control Plan. The plan shall be designed to control erosion due to water and wind, including blowing dust, during all phases of construction, including graded areas which are not proposed to be immediately built upon. 2. Grading and Landscaping a) If more than l' of fill or 2' of cut is proposed, the site/plot/grading and drainage plan shall be signed by a Registered Civil Engineer and a grading permit will be required. The grading plan shall be prepared in strict accordance with the City's "Grading Policies and Procedures" and the City's "Standard Drawings", unless otherwise approved by the City Engineer. b) If more than 5 trees are to be removed from the site, a tree removal permit conforming to the requirements of Section 19.28.090 of the Development Code shall be obtained from the Department of Development Services- Planning Division prior to issuance of any grading or site development permits. Page 2 of 14 Pages 2/1/2002 STANDARD REQUIREMEtfiS DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION CASE NO: Tentative P.M. DESCRIPTION: Subdivide one parcel to two parcel and 15635 and C.U.P. No. 01-03 construct a story hotel with 105 units. APPLICANT: LOCATION:_N/E comer of Waterman Ave. and W. Scott Fay/CASCO Vanderbilt Way c) If more than 5,000 cubic yards of earthwork is proposed, a grading bond will be required and the grading shall be supervised in accordance with Section 7012(c) of the Uniform Building Code. d) If more than 1,000 cubic yards of earth is to be hauled on City Streets then a special hauling permit shall be obtained from the City Engineer. Additional conditions, such as truck route approval, traffic controls, bonding, covering of loads, street cleaning, etc. may be required by the City Engineer. e) A liquefaction evaluation is required for the site. This evaluation must be submitted and approved prior to issuance of a grading permit. Any grading requirements recommended by the approved liquefaction evaluation shall be incorporated in the grading plan. f) An on-site Improvement Plan is required for this project. Where feasible, this plan shall be incorporated with the grading plan and shall conform to all requirements of Section 15.04-167 of the Municipal Code (See "Grading Policies and Procedures"). g) A refuse enclosure constructed in accordance with City Standard Drawing No. 508. The minimum size of the refuse enclosure shall be 8 feet x 15 feet, unless the Public Services Department, Refuse Division, approves a smaller size, in writing. h) Retaining walls, block walls and all on-site fencing shall be designed and detailed on the On-site Improvement Plan. This work shall be part of the On-site Improvement permit issued by the City Engineer. Page 3 of 14 Pages 2/1/2002 STANDARD REQUIRJ;MENTS DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION CASE NO: Tentative P.M. DESCRIPTION: Subdivide one parcel to two parcel and 15635 and C.UP. No. 01-03 construct a story hotel with 105 units. APPLICANT: LOCATION:_N/E corner of Waterman Ave. and W. Scott Fay/CASCa Vanderbilt Way i) The on-site improvement plan shall include details of on-site lighting, including light location, type of poles and fixtures, foundation design, conduit location and size, and the number and size of conductors. Photometry calculations shall be provided which show that the proposed on-site lighting design will provide 1 foot-candle of illumination uniformly distributed over the surface of the parking lot during hours of operation and 0.25 foot-candles security lighting during all other hours. j) The design of on-site improvements shall also comply with all requirements of The California Building Code, Title 24, relating to handicap parking and accessibility, including retrofitting of existing building access points for handicap accessibility, if applicable. k) A handicap accessible path of travel shall be provided from the public way to the building entrance. All pathways shall be concrete paved and shall provide a minimum clear width of 4 feet. Where parking overhangs the pathway, the minimum paved width shall be 6 feet. I) Where the handicap accessible path of travel crosses drive aisles, it shall be delineated by striping or textured/colored concrete pavement. m) A reciprocal easement shall be recorded prior to grading plan approval if reciprocal drainage, access, sewer, and/or parking is proposed to cross lot lines, or a lot merger shall be recorded to remove the interior lot lines. n) The project Landscape Plan shall be reviewed and approved by the City Engineer prior to issuance of a grading permit. Submit 5 copies to the Engineering Division for Checking. Page 4 of 14 Pages 2/1/2002 STANDARD REQUIREMEtfiS DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION CASE NO: Tentative P.M. DESCRIPTION: Subdivide one parcel to two parcel and 15635 and C.UP. No. 01-03 construct a story hotel with 105 units. APPLICANT: LOCATION:_N/E corner of Waterman Ave. and W. Scott Fay/CASCa Vanderbilt Way 0) The public right-of-way, between the property line and top of curb (also known as "parkway") along adjoining streets shall be landscaped by the developer and maintained in perpetuity by the property owner. Details of the parkway landscaping shall be included in the project's on-site landscape plan, unless the parkway area is included in a landscape maintenance district, in which case, a separate landscape plan shall be provided. p) A Landscape Maintenance District shall be implemented to maintain landscaping within the following areas: Waterman Avenue and Vanderbilt Way. q) Separate sets of Landscape Plans shall be provided for the Landscape Maintenance District. r) An easement and covenant shall be executed on behalf of the City to allow the City to enter and maintain any required landscaping in case of owner neglect. The Real Property Section for execution by the property owner and shall ensure that, if the property owner or subsequent owner(s) fail to properly maintain the landscaping, the City will be able to file appropriate liens against the property in order to accomplish the required landscape maintenance. A document processing fee in the amount of $200.00 shall be paid to the Real Property Section to cover processing costs. The property owner, prior to plan approval, shall execute this easement and covenant unless otherwise allowed by the City Engineer. Page 5 of 14 Pages 2/1/2002 S.-TANDARD REQUIREMENTS DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION CASE NO: Tentative P.M. DESCRIPTION: Subdivide one parcel to two parcel and 15635 and C.u.P. No. 01-03 construct a story hotel with 105 units. APPLICANT: LOCA TION:_N/E corner of Waterman Ave. and W. Scott Fay/CASCa Vanderbilt Way s) All specifications and recommendations, as outlined in the submitted geotechnical investigation dated November 2000 by Krazan and Associates, relative to soil liquefaction, shall be incorporated into the finished grading and type of construction for structures. t) The ground water table shall be monitored beneath the property. Should the ground water table rise significantly from its present position as determined by the Building Department and the City Geologist, pumping or other mitigation measures as outlined in the submitted geotechnical investigation shall be implemented. u) The abandoned dump site as identified by the submitted geotechnical investigation shall be delineated on the parcel map and shall be referenced on all public reports. v) Perimeter landscaping shall be provided along the Santa Ana River a minimum of five feet in width and as approved by the Planning Department at time of development. w) Structures located adjacent to Waterman Avenue and Tippecanoe Avenue shall maintain a minimum of a 30 foot landscaped setback from the public right-of-way. x) All building floor pads are to be elevated a minimum of one foot above the Base Flood Elevation, which is approximately 0.7 feet above the average graded terrain within the site. y) All building setback line of 200-feet from the Santa Ana River right-of-way line or from the dry shoulder of the levee, whichever is more restrictive, is required and shall be shown on the Final Map. An alternative to this setback would be the shaping of the south embankment of the Santa Ana River and the placement of large diameter rock with grout in a manner acceptable to the Flood Control District. This concept would require an upstream cut of buried deep enough into the bank to insure that river flows would not get behind the embankment protection. Page 6 of 14 Pages 2/1/2002 STANDARD REQUIREMENTS DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION CASE NO: Tentative P.M. DESCRIPTION: Subdivide one parcel to two parcel and 15635 and C.U.P. No. 01-03 construct a story hotel with 105 units. APPLICANT: LOCA TION:_N/E corner of Waterman Ave. and W. Scott Fay/CASCa Vanderbilt Way 3. Utilities a) Design and construct all public utilities to serve the site in accordance with City Code, City Standards and requirements of the serving utility, including gas, electric, telephone, water, sewer and cable TV (Cable TV optional for commercial, industrial, or institutional uses). b) Each parcel shall be provided with separate water and sewer facilities so the City or the agency providing such services in the area can serve it. c) Backflow preventers shall be installed for any building with the finished floor elevation below the rim elevation of the nearest upstream manhole. d) Sewer main extensions required to serve the site shall be constructed at the Developer's expense. e) This project is located in the sewer service area maintained by the City of San Bernardino therefore, any necessary sewer main extension shall be designed and constructed in accordance with the City's "Sewer Policy and Procedures" and City Standard Drawings. f) Utility services shall be placed underground and easements provided as required. g) A street cut permit, from the City Engineer, will be required for utility cuts into existing streets where the street is not being repaved as part of the required improvements. Page 7 of 14 Pages 2/1/2002 STANDARD REQUIREMENTS DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION CASE NO: Tentative P.M. DESCRIPTION: Subdivide one parcel to two parcel and 15635 and C.UP. No. 01-03 construct a story hotel with 105 units. APPLICANT: LOCATION:_N/E corner of Waterman Ave. and W. Scott Fay/CASCO Vanderbilt Way h) All existing overhead utilities adjacent to or traversing the site on either side of the street shall be undergrounded in accordance with Section 19.20.030 (non-subdivisions) or Section 19.30.110 (subdivisions) of the Development Code. i) Existing Utilities which interfere with new construction shall be relocated at the Developer's expense as directed by the City Engineer, except overhead lines, if required by provisions of the Development Code to be undergrounded. See Development Code Section 19.20.030 (non- subdivisions) or Section 19.30.110 (subdivisions). j) As an alternative to undergrounding required by Section 19.20.030 (non- subdivision) or Section 19.30.110 (subdivisions).of the Development Code, the developer will provide a letter of agreement for participation in an assessment district, if one is formed, to fulfill the requirement for undergrounding utilities. Prior to recordation of a map or issuance of building permit subdivider/developer shall have the letter of agreement recorded with the deed. k) Sewers within private streets or private parking lots will not be maintained by the City but shall be designed and constructed to City Standards and inspected under a City On-Site Construction Permit. A private sewer plan designed by the Developer's Engineer and approved by the City Engineer will be required. This plan can be incorporated in the grading plan, where practical. 4. Mapping a) A Parcel Map based upon field survey will be required. Page 8 of 14 Pages 2/1/2002 STANDARD REQUIREMENTS DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION CASE NO: Tentative P.M. DESCRIPTION: Subdivide one parcel to two parcel and 15635 and C.UP. No. 01-03 construct a story hotel with 105 units. APPLICANT: LOCATION:_N/E corner of Waterman Ave. and W. Scott Fay/CASCO Vanderbilt Way b) Additional survey and map information including, but not limited to, building setbacks, flooding and zones, seismic lines and setbacks, geologic mapping and archeological sites shall be filed with the City Engineer in accordance with Ordinance No. MC-592. c) If this Map is located in an Assessment District and the assessment has not been paid off, the subdivider shall submit an apportionment application to the Real Property section of the Public Works Division. Application forms can be obtained form the Real Property Section at (909) 384-5026. d) Assessment District Apportionment Fees: . Parcel Map of 4 or fewer Parcels - $ 1.100.00. 5. Improvement ComDletion a) Street, sewer, and drainage improvement plans for the entire project shall be completed, subject to the approval of the City Engineer, prior to the Map recordation. b) If the required improvements are not completed prior to Map recordation, an improvement security accompanied by an agreement executed by the developer and the City will be required. c) If the required improvements are not proposed to be completed prior to recordation of the Parcel Map, a deferred improvement agreement in accordance with Section 19.30.160 of the Development Code will be required. If the agreement is approved, an improvement certificate shall be placed on the Parcel Map stating that the required improvements will be completed upon development. Applicable to Parcel Maps consisting of 4 or less parcels only. Page 9 of 14 Pages 2/1/2002 STANDARD REQUIREMENIS DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION CASE NO: Tentative P.M. DESCRIPTION: Subdivide one parcel to two parcel and 15635 and C.U.P. No. 01-03 construct a story hotel with 105 units. APPLICANT: LOCATION:_N/E corner of Waterman Ave. and W. Scott Fay/CASCa Vanderbilt Way d) Street light energy fee to pay cost of street light energy for a period of 4 years shall be paid. Exact amount shall be determined and shall become payable prior to map recording. e) All rights of vehicular ingress/egress shall be dedicated from the following streets: Waterman Avenue 6. Street Improvement and Dedications a) All public streets within and adjacent to the development shall be improved to include combination curb and gutter, paving, handicap ramps, street lights, sidewalks and appurtenances, including, but not limited to traffic signals, traffic signal modifications, relocation of public or private facilities which interfere with new construction, striping, shall be accomplished in accordance with the City of San Bernardino "Street Improvement Policy" and City "Standard Drawings", unless otherwise approved by the City Engineer. Street lighting, when required, shall be designed and constructed in accordance with the City's "Street Lighting Policies and Procedures". Street lighting shall be shown on street improvement plans except where otherwise approved by the City Engineer. Page 10 of 14 Pages 2/1/2002 STANDARD REQUIREMENIS DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION CASE NO: Tentative P.M. DESCRIPTION: Subdivide one parcel to two parcel and 15635 and C.U.P. No. 01-03 construct a story hotel with 105 units. APPLICANT: LOCA TION:_N/E corner of Waterman Ave. and W. Scott Fay/CASCa Vanderbilt Way b) For the streets listed below, dedication of adequate street right-of way (R.W.) to provide the distance from street centerline to property line and placement of the curb line(C.L.) in relation to the street centerline shall be as follows: Street Name Right of Way(ft.) Curb Line(ft) Waterman Avenue 55' 43' Vanderbilt Way 43' 33' c) Construct 8" Curb and Gutter per City Standard No. 200 adjacent to the site. Widen pavement adjacent to the site to match new curb and gutter. Construct approach and departure transitions for traffic safety and drainage as approved by the City Engineer. d) Construct sidewalk adjacent to the site in accordance with City Standard No. 202, Case "A" (6' wide adjacent to curb). e) Construct Handicap Ramps in accordance with City Standard No. 205 at all curb returns within and adjacent to the project site. Dedicate sufficient right-of-way at the corner to accommodate the ramp. f) Construct Driveway Approaches per City Standard No. 204, Type II, including Handicap by-pass. Remove existing driveway approaches that are not part of the approved plan and replace with full height curb & gutter and sidewalk. g) All Curb return radii shall be 25 feet minimum. Page 11 of 14 Pages 2/1/2002 STANDA~QUIREMENTS DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION CASE NO: Tentative P.M. DESCRIPTION: Subdivide one parcel to two parcel and 15635 and C.U.P. No. 01-03 construct a story hotel with 105 units. APPLICANT: LOCA TION:.N/E corner of Waterman Ave. and W. Scott Fay/CASCO Vanderbilt Way h) Install Street Lights adjacent to the site in accordance with City Standard Nos. SL-1 and SL-2. 7. Required Engineering Permits a) Grading permit (If applicable). b) On-site improvements construction permit (except buildings - see Development Services-Building Division), including landscaping. c) Off-site improvements construction permit. 8. Applicable Engineering Fees! a) Map Checking fee - $ 1,000.00 plus $ 30.00 per lot or parcel. b) Plan check and inspection fees for off-site improvements - 4% and 4%, respectively, of the estimated construction cost'! of the off-site improvements. c) Plan check and inspection fees for on-site improvements (except buildings - See Development Services-Building Division) - 2% and 3%, respectively, of the estimated construction cose of the on-site improvements, including landscaping. , All Fees are subject to change without notice. 'Estimated Construction Cost for Off-Site Improvements is based on a list of standard unit prices on file with the Public Works Division. } Estimated Construction Cost for On-Site Improvements is based on a list of standard unit prices on file with the Public Works Division. Page 12 of 14 Pages 2/1/2002 STANDARD REQUIREMENTS DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION CASE NO: Tentative P.M. DESCRIPTION: Subdivide one parcel to two parcel and 15635 and C.U.P. No. 01-03 construct a story hotel with 105 units. APPLICANT: LOCATION:_N/E corner of Waterman Ave. and W. Scott Fay/CASCa Vanderbilt Way d) Plan check and inspection fees for grading (If permit required) - Fee Schedule available at the Engineering Division Counter. e) Drainage fee in the approximate amount as follows based on $0.441 per square foot for the first 3,000 square feet of impervious lot are (estimated as 85% of the net lot area), then $0.151 per square foot of remaining impervious lot area or fraction thereof: $13,002 f) Traffic system fee in the estimated amount of $13,430.32. Based on 763 trips per day @ $17.602 per new trip generated by the project. The City Traffic Engineer shall determine exact amount at time of application for Building Permit. g) The project is located in the Tri-City specific plan area; therefore an additional traffic mitigation fee in the amount of $ 0.90 per square foot of building area shall be paid to the City Engineer, subject to credit on a dollar for dollar basis for eligible infrastructure improvements identified in the Tri-City Specific Plan which are actually installed as part of the project. h) Sewer Connection fee in the approximate amount as follows based on $124.98 per dwelling unit for Hotels $13,122.90: i) Sewer inspection fee in the estimated amount as follows based on $21.07 per connection: j) Street or easement dedication processing fees in the amount of $ 200.00 per document. Page 13 of 14 Pages 2/1/2002 STANDARD REQUIREMENTS DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION CASE NO: Tentative P.M. DESCRIPTION: Subdivide one parcel to two parcel and 15635 and C.UP. No. 01-03 construct a story hotel with 105 units. APPLICANT: LOCATION:_N/E corner of Waterman Ave. and W. Scott Fay/CASCa Vanderbilt Way 9. Additional Reauirements - General a) The development shall be responsible for the modification of the existing traffic signal @ Waterman Avenue and Vanderbilt Way to provide westbound (to northbound) right turn overlap phasing. b) The development shall be responsible for the ultimate widening of the east side of Waterman Avenue adjacent to the property line of the project to accommodate future dual southbound left turn lanes on Waterman Avenue at Vanderbilt Way. c) The developer shall install a stop sign with pavement markings for motorist egressing the project driveway onto Vanderbilt Way. Page 14 of 14 Pages 2/1/2002 CITY OF SAN BERNARDINO PUBUC SERVICES DEPARTMENT - REFUSE & RECYCUNG DMSION STANDARD DEVELOPMENT REQUIREMENTS 300 North D Street - 4th Floor CA 92418-0001 909-384-5335 i ~ [Office Use Only: City Service COM RCIAL ~~blish commercial refuse enclosure(s) according to City Public Works Standard 508 with a width of C l \ I< and a Ienglh of -i<' I r,' I. LOl:lItion and orientation of enclosure(s), gates, and compactor unil(s) shaR be shown on Site Plans, labeled with dimensions and specifications to meet Pubic Works Standard 508. 2. Locate refuse enclosure(s) and compactor unit(s) to be safely accessible for service vehicles and without obslruclion to drive aisles, driveways, loading zones, parking, or handicap access. Enclosure must be at least 5' from combustible wals, eave Ines, or openings (98 CA r..e Code 1103.2.2]. Minimum radii of ~O' for aU drive turns along the main ingress to and egress from enclosures and compactor pads. 3. InstaU _ compactor unil(s) with a minimum capacity of _ cubic yards for each unit. RoU-off box unit(s) shaR meet Public Works Standard 510. ~. Refuse and recycling service to this location shal be provided by the City of San Bernardino unless otherwise noted. New accounts require a completed Service Application with a fill deposit returned to the City of San Bernardino Refuse & Recycling Division prior to issuance of the final Certificate of Occupancy. 5. City front-load coIection services shall be established at the foUowing minimum levels: . ation No. I \ Date completed Application Retumed _1_1-----1 X L REFUSE SERVICE QTY BIN DAYS/WEEK 1-2CY 7 3CY -/...- 4CY 6CY RECYCLING SERVICE QTY BIN DAYS / WEEK 1.2CY I 3CY I 4CY 6CY ORGANCS SERVICE QTY BIN DAYS/WEEK 1-2CY 3CY 4CY 6CY 6. Sealed compactor unil(s) shal be installed with a recommended minimum 30 cubic yard roll-off box: unil(s) for refuse, unil(s) for commingled dry recyclables, and unil(s) for organics. 7. Applicant shal submit a completed Integrated Waste Management Survey to the POORc Services Department Refuse and Recycling Division a minimum of 5 City work days for approval prior to issuance of any City permits. Contect 909-384-5M9,* phone or 909-384-5190 fax. RESIDENTIAL 1. Residential refuse and recycling services are to be provided by the City of San Bernardino Refuse & Recycling Division. The City shaH provide one set of a blue, green, and black 96 or 64-gaUon automated service carts to each single family unit OR one set to every twcHJnit multiple family dweHing up to six units. 2. Residential units shal have a minimum 3 feet by 9 feet concrete pad located out of view of pooRe right-of-way . for storage of each set of three automated carts. Minimum gate openings shaH be 3 feet, and the path of travel from the storage pad to curb shal be continuously paved. 3. A minimum 12-foot space along the curb on the street must be clear for residential automated service carts, including a minimum 2-foot setback of aU structures, fences, and raised landscaping. 4. Day of automated cart service shall be: M T W Th ADDITIONAL CONDITIONS OR NOTES ~'Ju"oL~ \Alivl'l~ -\-roo ~I\v" 4~..f-t.tr{),,-oA- ~. ~~-OQ ,"J-<n.~~~t- ,.1~~ (1.(/' p<)Jl.. ?~+- YI'i..--etA,,~ /'l.~t'l ('H~",",lh2s) ,,~'""'" (.lAG"; II, .-\- \ nr .-. ~rr.A - IW/Iile-APlJlcant] (YeIow-Pfann/n1l1 fPink-Retuse & Recycling (CSRs!] /GoidemD<UJERC FIe] Re1lised3.8. ftf;J ;}, g j- 3'!-/- tJ/p SAN BERNARDINO MUNICIPAL WATER DEPARTMENT STANDARD REQUIREMENTS -'."-m. ~~~~~~;~,d~ip~~,~-"", O-",..~C TlJp. ~-j;',"'E- i,,~;' 2. .. cas""""""". :t:n~ro;~:;:;~~~,"::;~ .~ ~ ;~=/::UmberOfuruts: WATER DEPARTMENT ENGINEERING: Contact: ,Mm,E:<; L) Y€ Phone: .3i1-f)38(O Fax: .!l~t/-"<J:.t;3C:; Note: All Water Services are Subject to the Rules & Regulationa of the Water Department. Mize of Main Adjacent the Project: I::J" DIP /;.) VAI'IDIE.R e,/IT, /(0" IOif (1, L ~ WP Sl'!EL. >> ~pproximate Water Pressure: 9t'7-Q"}:>.< I Elevation ofWaler Sto,..e: I ) 2 'f 9 ydrant Flow @ 20 psi: ~ype, Size, Location, and Dis~ce to Nearest Fire Hydrant: <:0" P:S m-l ~/E CJl~UER iJF {1)117&(/ I'n A-J.-! "1 I JANDER P..I1.- T Cl Pressure Regulator Required on Customer's Side on the Meter. Cl Off-site Water Facilities Required. Cl Area Not Served by San Bernardino Municipal Water Departm~ . / / o Commentsi'Z....c(.- ~t &-,;Jt-; ~ --( t,;j f-..<.-<S. vt v~ <: h" l-<' h..."v'\.. ' ee<-A,,--^, J! :? WATER OUALITY CONTROL: Contact: ~N M.fJET.Q- Phone: :JR'1J.-:'i/.39 Fax: _1'i'-l-653;;;J. )( R.P.P. Backflow Device Required at Service Connection. f):)~~ 7/'- Pt./ ~ Pa.cc;s ~'Double Check Backflow Device Required at Service Connection. 11?/?/6R -rID fI/ I A/ie s E/?..u ICe- ~ Backflow Device to be Inspected Before Water Service can be Activated. o No Backflow Device Required at This Time. ENVIRONMENT A L CONTROLIINDUSTRIAL WASTE: Contact: f)~,f'TL. 1I1M:r WILL Phone: _13'-1-5_71 [(3 Fax: 38 't-5CJ.5'8 NoIe: No Brine Regenerative Water Softeners May be Installed, Unless Holding and Hauling is Provided for the Brine. AU Interceptors will be a 1200 Gallon Capacity with a Sample Box Included. o Industrial Waste Pennit Required. o Grease Interceptor Required. Cl Pre-treatment Required. SEWER CAPACITY INFORMATION: Contact: ~/CL -WONt 58</ Cl Sand/Oil Interceptor Required. o No Issues at this Time. Phone: 3i{t.j-5693 Fax: 3k <1- '7;)..-/1 Note: Proof of Payment Must be Submitted to the Building & Safety Department Prior to Issuance of the Bnilding Permit. Cl No Sewer Capacity Fee Applicable at This Time. XSewer Capacity Fee Must Be Paid to the Water Department forlDI70D Gallons Per Day, Equivalent Dwelling Units: 37 )(Subject to Recalculation of Fee Prior to the Issuance of Building Pennit. Breakdown of Estimated Gallons Per Day: ---IOC; lr";~ ~ [('1);: [OJ sro r-t/l-4.."'j STDREQl1IJ.FRM(21971 CITY OF SAN BERNARDINO FIRE DEPARTMENT c:- STANDARD REQUIREMENTS Case: C.0PO l~o3 '-YT ~/ Date: -2./- a/ \4L'-"Ci;="l(' Mj),J--L :l \M NO~ /l..(l; I L.-r Reviewed By: (jF..:v ( r:.~7 /;Z.rJO~ I:; GENERAL REQUIREMENTS: m Provide one additional set of construction plans to Building and Safety for Fire Department use at time of plan check. .....[J Contact the City of San Bernardino Fire Department at (909) 384-5388 for specific detailed requirements. o The developer shall provide for adequate fire flow. Minimum fire flow requirements shall be based on square footage, construction features, and exposure Infom1alion supplied by the developer and must be available prior to placing combustible materials on site. WATER PURVEYOR FOR FIRE PROTECTION: 'rsa::.lI!2~ lire protection water service for the area of this project is provided by: / ~ San Bernardino Municipal Water Department-Engineering (909) 384.5391 o East Valley Water District-Engineering (909) 88a-8986 o Other Water purveyor: Phone: ~BLIC FIRE PROTECTION FACILITIES: If' Public lire hydrants are required along streets at intervals not to exceed 300 feet for commercial and multi. residential areas and at intervals not to exceed 500 feet for residential areas. .5l Fire hydrant minimum flow rates of 1,500 gpm at a 20 psi minimum residual pressure are required for commercial and multi-residential areas. Minimum fire hydrant flow rates of 1,000 gpm at a 20 psi minimum residual pressure are required for residential areas. ~ Fire hydrant type and specific location shall be jointly determined by the Gity of San Bernardino Fire Department in conjunction with the water purveyor. Fire , hydrant materials and installation shall conform to the standards and specifications of the water purveyor. -5ZI... Public fire hydrants, fire services, and public water facilities necessary to meel Fire Department requirements are the developer's financial responsibility and / ,. shall be Installed by the water purveyor or by the developer at the water pUlVeyor's discretion. Contact the water purveyor indicated above for additional information. ACCESS: D Provide two separate, dedicated routes of ingress/egress to the property entrance. The routes shall be paved, all weather. o Provide an access road to each building for fire apparatus. Access roadway shall have an all-weather driving surface of not less than 20 feet of unob- structed width. o Extend roadway to within 150 feet of aU portions of the exterior wall of all single story buildings. o Extend roadway to within 50 feet at the exterior wall of all multiple-story buildings. %- Provide "NO PARKING" signs 'Nhenever parking of vehicles would possible reduce the clearance of access roadways to less than the required width. Signs are to read .'FIRE LANE-NO PARKING-M.C. Sec. 15.16~. o Dead-end streets shall not exceed 500 feet in length and shall have a minimum 40 foot radius turnaround. o The names of any new streets (public or private) shall be submitted to the Fire Department for approval. _ SJ1E: ~ All access roads and streets are to be constructed and usable prior to combustible construction. ~ Private fire hydrants shall be installed to protect each building located more than 150 feet from the curb line. No fire hydrants should be within 40 feet of any 7' exterior wall. The hydrants shall be Wet Barrel type, with one 2111: inch and 4 inch outlet, and approved by the Fire Department. Areas adjacent to fire hydrants shall be designated as a "NO PARKING" zone by painting an 8 inch wide, red stripe for 15 feet in each direction in front of the hydrant in such a manner that it will not be blocked by parked vehicles. Lettering to be in white 6" by 1At. BUilDINGS: '-....:;;(..Address numerals shall be installed on the building at the front or other approved location in such a manner as to be visible from the frontage street. Com. ~merciai and multi family address numerals shall be 6 inches tall, single family address numerals shall be 4 inches tall. The color of the numerals shall con- trast with the color 01 the background. 0;:'- 0 AL' D 00 P . 0 Identify each gas and electric meter with the nuffitler ot'fh'e unit it serves. ./'] Fire extinguishers must be installed prior to the building being occupied. The minimum rating for any fire extinguisher is 2A 1GB/C. Minimum distribution of fire extinguishers must be such that no interior part of the building is over 75 feet travel distance from a fire extinguisher. ~ Apartment houses with 16 or more units, hotels (motels) with 20 or more units, or apartments or hotels (motels) three stories or more in height shall be ~ equipped With automatic fire sprinklers designed to NFPA standards. All buildings, over 5,000 square feet, shall be equipped with an automatic fire sprinker system designed to NFPA standards. This includes existing buildings . vacant over 365 days. ~SUbmjt plans for the fire protection system to the Fire Department prior to beginning construction of the system. Permit required. o Tenant improvements in all sprinklered buildings are to be approved by the Fire Department prior to start of construction. Permit required. -a Provide fire alarm (requjr~d Ihroug.hout). Plans must b~ approved by the Fire Departmen.t prior to start of installation. P~nnit required. R Fire Department connection to sprinkler system/standpipe system, shall be reqUIred at Ftre Department approved location. o Fire Code Permit required. ~ Fire Sprinkler monitoring required. Plans must be approved by the Fire Department prior to the start of construction. Permit required. Note: The applicant must request, in writing, any changes to Fire Department requirements. ADDITIONAL INFORMATION: FPB17flI07.00j Tentative Tract Map 15635 CITY OF SAN BERNARDINO PARKS, RECREATION & COMMUNITY SERVICES DEPARTMENT STANDARD REQUIREMENTS Case: C.u.n. 01-03 Extended Stay America Vanderbilt Way Date: 1-16-02 Reviewed By: Jim Gondos GENERAL REQUJ:REMBN'l"S: [x] COllllllercial Industrial and Hulti-Unit [ ] Assessment Oistrict [ ] Residential [ ] Purpose, Guidelines and submittal procedure [ x] Irrigation and Landscaping Plans. [ ] Contact the City of San Bernardino Parks,Recreation and Community Services Department at (909) 384-5217 or 384-5314 for specific detailed requirements. SPECIFIC REQUJ:REMBN'l"S: [ x] Haintenance of landscape area,s [ x] Planter Areas [ ] Interior Planter Areas [ X] Irrigation Syetems [ x ] Setback Areas [ ] Slope Areas [ ] Ground Cover and Bedding Haterial [ ] Erosion Control [ ] Weed Control PLANT MATERIALS [ ] Plant list and climatic conditions [ X] Street Trees [ x ] Plant Haterial Si",e Requirements and Ratios INSPECTION AIm OTHER REQUJ:REMENTS [ x ] Irrigation System [ x ] Landscaping [x] Hardscape Items [ ] Street tree Specifications [ ] Arborist Report [ ] Removal or destruction of trees [ ] Screening Requirement (City, Oev.Code) Note, The applicant must request, in writing, any changes to the Parks, Recreation and cOllllllunity Services requirements. Additional information Standard requirements are issued for the landscaping and irrigation of this project. ' Submit detailed landscape and irrigation plans to the Public Works Dept. for final aooroval durinE the pe~mit orocess. HS,jj ATTACHMENT E CITY OF SAN BERNARDINO INITIAL STUDY FOR Development Code Amendment No 01-02 PROJECT DESCRIPTIONILOCATION: The City of San Bernardino is proposing to amend the Development Code related to Hotels and Motels to add a category for Residence Inns. The revision to the Development Code will also establish criteria and minimum standards for development. The amendment would apply Citywide DATE: July 26, 2001 PREPARED FOR W. Scott Fay/CASCO 151 Kal Mus Drive, Suite H-8 Costa Mesa CA 92626 PREPARED BY The City of San Bernardino 300 N. 'D' Street San Bernardino CA 92418 REVIEWED BY Environmental/Development Review Committee on July 26,2001, pursuant to Section 21082 of the California Environmental Quality Act (CEQA) City of San Bernardino Development Service Department 300 North "D" Street San Bernardino, CA 92418 (909) 384-5057 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY The California Environmental Quality Act (CEQA) requires the preparation of an Initial Study when a proposal must obtain discretionary approval from a governmental agency and is not exempt from CEQA. The purpose of the Initial Study is to determine whether or not a proposal, not exernpt from CEQA, qualifies for a Negative Declaration or whether or not an Environmental Impact Report (EIR) must be prepared. 1. Project Title: Development Code Amendment No. 01-02. 2. Lead Agency Name: City of San Bernardino Address: 300 North "D" Street San Bernardino, CA 92418 3. Contact Person: Phone Number: Joe Bellandi (909) 384-5057 4. Project Location (Address/Nearest cross-streets): Citywide 5. Project Sponsor: Address: City of San Bernardino 300 No. "D" Street San Bernardino 6. General Plan Designation: Commercial 7. Description of Project (Describe the whole action involved, including, but not limited to, later phases of the project and any secondary, support, or off-site feature necessary for its implementation. Attach additional sheets, if necessary): The City of San Bernardino is proposing to amend the Development Code related to Hotels and Motels to add a category for Extended Lodging Facilities. The revision to the Development Code will also establish criteria and minimum standards for development. The following are the proposed definitions: Hotel: A full service lodging facility containing fifty (50) or more guest rooms, offering transient accommodations on a daily rate to the general public, and which provide additional services, such as restaurants, meeting rooms, and recreational facilities and stays are two (2) weeks or less. Motel: A lodging facility where guestrooms are predominantly accessed from parking lots or exterior walkways and stays are two (2) weeks or less. Extended Lodging Facilities: A limited service lodging facility containing fifty (50) or more guest rooms in one or more buildings containing individual guestrooms or suites of rooms and/or dwelling units which provide some additional services such as; kitchen facilities, amenities, recreational facilities, and/or meals and stays are less than thirty (30) days. IS I CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY The following are the criteria and development standards for: 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-I land use districts. Extended Lodging Facilities are allowed in the CR-2 and CR-3 land use districts 2. All Hotels, Motels, 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 guest 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 (I) acre. The minimum room size for Hotels, and Extended Lodging Facilities shall be 300 square feet. There shall be a minimum of 12 square feet of meeting space per guestroom for limited service Hotels and Extended Lodging Facilities and 25 square feet 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 light meals and snacks including vending machines) will be provided for limited service Hotels and Extended Lodging Facilities. e. Hotels and Extended Lodging Facilities 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 Facilities shall be accompanied by a report with the following information. a. Number of Hotel, Motel, and Extended Lodging Facilities 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 provided daily to every guestroom. IS 2 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY 6. Leases of any duration are prohibited. 7. All of the provisions of this section of the Development Code shall be written in to the deed prior to the issuance of a grading permit. 8. No existing Hotels or Motels can be converted to an Extended Lodging Facilities. 8. Surrounding Land Uses and Setting: Citywide 9. Other agencies whose approval is required (e.g., permits, finance approval, or participation agreement): None IS 3 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. o Land Use and Planning o Population and Housing o Earth Resources o Water o Air Quality DTransportation/Circulation D Biological Resources D Energy and Mineral Resources D Hazards D Noise D Mandatory Findings of Significance D Public Services D Utilities and Service Systems D Aesthetics o Cultural Resources o Recreation Determination. On the basis of this Initial Study, the City of San Bernardino, Environmental Review Committee finds: That the proposed project COULD NOT have significant effect on the environment, ~ and a NEGATIVE DECLARATION will be prepared. That although the proposed proj ect could have a significant effect on the 0 environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. That the proposed project MAY have a significant effect on the environment, and an 0 ENVIRONMENTAL IMPACT REPORT is required. That although the proposed project could have a significant effect on the 0 environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. s& ....I;--<.. De-IIANP=/.. Printed Name f5d/Ql~' ~ ~. 7/?- 6/0 I , Date IS 4 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Potentially Potentially Significant Unless Less Than Significant Mitigation Significant lmnact lncoroorated Imoact No lmoact I. LAND USE AND PLANNING. Will the proposal result in: a) A conflict with the land use as 0 0 0 ~ designated based on the review of the General Plan Land Use Plan/Zoning Districts Map? b) Development within an Airport District 0 0 0 ~ as identified in the Air Installation Compatible Use Zone (AICUZ) Report and the Land Use Zoning District Map? c) Development within Foothill Fire 0 0 0 ~ Zones A & B, or C as identified on the Land Use Districts Zoning Map? d) Other? 0 0 0 ~ II. POPULATION AND HOUSING. Will the proposal: a) Remove existing housing (including 0 0 0 ~ affordable housing) as verified by a site survey/evaluation? b) Create a significant demand for 0 0 0 ~ additional housing based on the proposed use and evaluation of project size? c) Induce substantial growth in an area 0 0 0 ~ either directly or indirectly (e.g., through projects in an undeveloped area or an extension of major infrastructure)? d) Other? 0 0 0 ~ IS 5 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Potentially Potentially Significant Unless Less Than Significant Mitigation Significant Imoact Incorporated Imoact No Imoact III. EARTH RESOURCES: Will the proposal result in: a) Earth movement (cut and/or fill) on D D D [gJ slopes of 15% or more based on information contained III the Preliminary Project Description Form No.D? b) Development and/or grading on a slope D D D [gJ greater than 15% natural grade based on review of General Plan HMOD map? c) Erosion, dust or unstable soil D D D [gJ conditions from excavation, grading or fill? d) Development within the Alquist-Priolo D D D [gJ Special Studies Zone as defined in Section 12.0, Geologic & Seismic, Figure 47, of the City's General Plan? e) Modification of any unique geologic or D D D [gJ physical feature based on field review? f) Development within areas defined as D D D [gJ having high potential for water or wind erosion as identified in Section 12.0, Geologic & Seismic, Figure 53, of the City's General Plan? g) Modification of a channel, creek or D D D [gJ river based on a field review or review of USGS Topographic Map ? h) Development within an area subject to D D D [gJ landslides, mudslides, subsidence or other similar hazards as identified in Section 12.0, Geologic & Seismic, Figures 48, 51, 52 and 53 of the City's General Plan? IS 6 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Potentially Potentially Significant Unless Less Than Significant Mitigation Significant Imnact Incorporated Impact No Imnact i) Deve]opment within an area subject to 0 0 0 IZI liquefaction as shown in Section ]2.0, Geo]ogic & Seismic, Figure 48, of the City's Genera] Plan? j) Other? 0 0 0 0 IV. WATER. Will the proposal result in: a) Changes in absorption rates, drainage 0 0 0 IZI patterns, or the rate and amount of surface runoff due to impermeable surfaces that cannot be mitigated by Public Works Standard Requirements to contain and convey runoff to approved storm drain based on review of the proposed site plan? b) Significant alteration in the course or 0 0 0 IZI flow of flood waters based on consultation with Public Works staff? c) Discharge into surface waters or any 0 0 0 IZI alteration of surface water quality based on requirements of Public Works to have runoff directed to approved storm drains? d) Changes in the quantity or quality of 0 0 0 IZI ground water? e) Exposure of people or property to 0 0 0 IZI flood hazards as identified in the F edera] Emergency Management Agency's F]ood Insurance Rate Map, Community Pane] Number , and Section ]6.0, F]ooding, Figure 62, of the City's Genera] Plan? f) Other? 0 0 0 IZI IS 7 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Potentially Potentially Significant Unless Less Than Significant Mitigation Significant Imoact Incorporated Imoact No Imoact V. AIR QUALITY. Will the proposal: a) Violate any air quality standard or 0 0 0 ~ contribute to an existing or projected air quality violation based on the thresholds in the SCAQMD's "CEQA Air Quality Handbook"? b) Expose sensitive receptors to 0 0 0 ~ pollutants? c) Alter air movement, moisture, or 0 0 0 ~ temperature, or cause any change ill climate? d) Create objectionable odors based on 0 0 0 ~ information contained ill the Preliminary Environmental Description Form? VI. TRANSPORTATION/CIRCULATION. 0 0 0 0 Could the proposal result in: a) A significant illcrease ill traffic 0 0 0 ~ volumes on the roadways or intersections or an increase that IS significantly greater than the land use designated on the General Plan? b) Alteration of present patterns of 0 0 0 ~ circulation? c) A disjointed pattern of roadway 0 0 0 ~ improvements? d) Impact to rail or air traffic? 0 0 0 ~ e) Insufficient parking capacity on-site or 0 0 0 ~ off-site based on the requirements in Chapter 19.24 of the Development Code? f) Increased safety hazards to vehicles, 0 0 0 ~ bicyclists or pedestrians? IS 8 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Potentially Potentially Significant Unless Less Than Significant Mitigation Significant Imoact Incornorated Imnact No Imoact g) Conflict with adopted policies D D D [gJ supporting alternative transportation? h) Inadequate emergency access or access D D D [gJ to nearby uses? i) Other? D D D [gJ VII. BIOLOGICAL RESOURCES. Could the proposal result in: a) Development within the Biological D D D [gJ Resources Management Overlay, as identified in Section 10.0, Natural Resources, Figure 41, of the City's General Plan? b) Impacts to endangered, threatened or D D D [gJ rare species or their habitat (including, but not limited to, plants, mammals, fish, insects and birds)? c) Impacts to the wildlife dispersal or D D D [gJ migration corridors? d) Impacts to wetland habitat (e.g., marsh, D D D [gJ riparian and vernal pool)? e) Removal of viable, mature trees based D D D [gJ on information contained III the Preliminary Environmental Description Form and verified by site survey/evaluation (6" or greater trunk diameter at 4' above the ground)? f) Other? D D D [gJ VIII. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy D D D [gJ conservation plans? b) Use non-renewable resources in a D D D [gJ wasteful and inefficient manner? IS 9 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Potentially Potentially Significant Unless Less Than Significant Mitigation Significant Imnact Incoroorated Imnact No Imnact c) Result in the loss of availability of a D D D ~ known mineral resource that would be of future value to the region and the residents of the State? IX. HAZARDS. Will the proposal: a) Use, store, transport or dispose of D D D ~ hazardous or toxic materials based on information contained in the Preliminary Environmental Description Form No. G(I) and G(2) (including, but not limited to, oil, pesticides, chemicals or radiation)? b) Involve the release of hazardous D D D ~ substances? c) Expose people to the potential D D D ~ health/safety hazards? d) Other? D D D ~ X. NOISE. Could the proposal result in: a) Development of housing, health care D D D ~ facilities, schools, libraries, religious facilities or other noise sensitive uses in areas where existing or future noise levels exceed an Ldn of 65 dB(A) exterior and an Ldn of 45 dB(A) interior as identified in Section 14.0, Noise, Figures 57 and 58, of the City's General Plan? IS 10 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Potentially Potentially Significant Unless Less Than Significant Mitigation Significant !moact Incornorated Imoact No !moact b) Development of new or expansion of 0 0 0 ~ existing industrial, commercial or other uses which generate noise levels above an Ldn of 65 dE(A) exterior or an Ldn of 45 dE(A) interior that may affect areas containing housing, schools, health care facilities or other sensitive uses based on information In the Preliminary Environmental Description Form No. G(I) and evaluation of surrounding land uses No. C, and verified by site survey/evaluation? c) Other? 0 0 0 ~ XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? 0 0 0 ~ b) Medical aid? 0 0 0 .~ c) Police protection? 0 0 0 ~ d) Schools? 0 0 0 ~ e) Parks or other recreational facilities? 0 0 0 ~ f) Solid waste disposal? 0 0 0 ~ g) Maintenance of public facilities, 0 0 0 ~ including roads? h) Other governmental services? 0 0 0 ~ XII. UTILITIES. Will the proposal, based on the responses of the responsible Agencies, Departments, or Utility Company, impact the following beyond the capability to provide adequate levels of service or require the construction of new facilities? a) Natural gas? 0 0 0 ~ IS II CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Potentially Potentially Significant Unless Less Than Significant Mitigation Significant Imnact Incorporated Imnact No Imnact b) Electricity? D D D ~ c) Communications systems? D D D ~ d) Water distribution? D D D ~ e) Water treatment or sewer? D D D ~ 1) Storm water drainage? D D D ~ g) Result in a disjointed pattern of utility D D D ~ extensions based on review of existing patterns and proposed extensions? h) Other? D D D ~ XIII. AESTHETICS. a) Could the proposal result in the D D D ~ obstruction of any significant or important scenic view based on evaluation of the view shed verified by site survey/evaluation? b) Will the visual impact of the project D D D ~ create aesthetically offensive changes in the existing visual setting based on a site survey and evaluation of the proposed elevations? c) Create significant light or glare that D D D ~ could impact sensitive receptors? d) Other? D D D ~ XIV. CULTURAL RESOURCES. Could the proposal result in: a) Development in a sensitive D D D ~ archaeological area as identified in Section 3.0, Historical, Figure 8, ofthe City's General Plan? IS 12 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Potentially Potentially Significant Unless Less Than Significant Mitigation Significant lmoact lncomorated Imoact No Imoact b) The alteration or destruction of a D D D ~ prehistoric or historic archaeological site by development within an archaeological sensitive area as identified in Section 3.0, Historical, Figure 8, of the City's General Plan? c) Alteration or destruction of a historical D D D ~ site, structure or object as listed in the City's Historic Resources Reconnaissance Survey? d) Other? D D D ~ XV. RECREATION. Would the proposal: a) Increase the demand for neighborhood D D D ~ or regional parks or other recreational facilities? b) Affect existing recreational D D D ~ opportunities? XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to D D D ~ degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? b) Does the proj ect have the potential to D D D ~ achieve short-term, to the disadvantage oflong-term, environmental goals? IS \3 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Potentially Potentially Significant Unless Less Than Significant Mitigation Significant Imnact Incorporated Imnact No Imnact c) Does the project have impacts that are D D D [8J individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) d) Does the project have environmental D D D [8J effects which will cause substantial adverse effects on human beings, either directly or indirectly? REFERENCES. The following references cited in the Initial Study are on file in the Development Services Department. 1. City of San Bernardino General Plan. 2. City of San Bernardino Development Code (Title 19 of the San Bernardino Municipal Code). 3. City of San Bernardino Historic Resources Reconnaissance Survey. 4. Alquist-Priolo Earthquake Fault Zones Map. 5. South Coast Air Quality Management District, CEQA Air Quality Handbook. 6. Federal Emergency Management Agency, Flood Insurance Rate Maps. 7. Public Works Standard Requirements-water. 8. Public Works Standard Requirements-grading. DISCUSSION OF SPECIFIED CHECKLIST RESPONSES. IS 14 CITY OF SAN BERNARDINO INITIAL STUDY FOR Conditional Use Permit No. 01-03; Tentative Parcel Map No. 15635 PROJECT DESCRIPTIONILOCATION: The project being analyzed consists ofa parcel map that will result in the subdivision of the 9.1 acres into two parcels, the western parcel being 2.17 acres, and the eastern parcel being 6.9 acres in size. In addition, a Conditional Use Permit to allow the development ofa 105-unit Extended Stay America Hotel is also proposed, on the 2.17- acre parcel. The hotel will be four stories in height, and will include kitchen facilities in each room. The hotel will be geared to business travelers and employees being relocated by their employers, who will stay at the facility for a period in excess of 2 weeks. The proposed hotel project includes 123 parking spaces, and landscaping of 41.1 % of the site. The entire 9.1 acre site was, prior to 1955, an unlicensed Class III landfill. The parcel contains approximately 110,000 cubic yards of illegally dumped materials. The landfill was not remediated or "closed" in conformance with local, state or federal standards. The Closure Plan for the landfill is also evaluated in the Initial Study. The project area is rectangularly shaped parcel consisting of 9.1 acres of currently vacant land located at the northeastern comer of Waterman Avenue and Vanderbilt Way, in the CR-3, Commercial Regional land use district. DATE: July 26,2001 PREPARED FOR W. Scott Fay/CASCD 151 Kal Mus Drive, Suite H-8 Costa Mesa CA 92626 PREPARED BY Terra Nova 400 South Farrell, Suite B-205 Palm Springs CA 92262 REVIEWED BY Enviromnental/Development Review Committee on July 26, 2001, pursuant to Section 21082 of the California Enviromnental Quality Act (CEQA) City of San Bernardino Development Service Department 300 North "D" Street San Bernardino, CA 92418 (909) 384-5057 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY The California Enviromnental Quality Act (CEQA) requires the preparation of an Initial Study when a proposal must obtain discretionary approval from a governmental agency and is not exempt from CEQA. The purpose of the Initial Study is to determine whether or not a proposal, not exempt from CEQA, qualifies for a Negative Declaration or whether or not an Enviromnental Impact Report (EIR) must be prepared. 1. Project Title: Tentative Parcel Map No. 15635, Conditional Use Permit No. 01-03, Extended Stay America Hotel 2. Lead Agency Name: City of San Bernardino Address: 300 North "D" Street San Bernardino, CA 92418 3. Contact Person: Phone Number: Joe Bellandi (909) 384-5057 4. Project Location (Address/Nearest cross-streets): Northeast comer of Waterman Avenue and Vanderbilt Way. 5. Project Sponsor: Address: BP California 3141 Hood Street Dallas, TX 75219 6. General Plan Designation: CR-3 - Regional Commercial 7. Description of Project (Describe the whole action involved, including, but not limited to, later phases of the project and any secondary, support, or off-site feature necessary for its implementation. Attach additional sheets, if necessary): The project area consists of 9.1 acres of currently vacant land located at the northeastern comer of Waterman Avenue and Vanderbilt Way. The project being analysed consists of a parcel map that will result in the subdivision of the 9.1 acres into two parcels, the western parcel being 2.17 acres, and the eastern parcel being 6.9 acres in size. In addition, a Conditional Use Permit to allow the development of a 105-unit Extended Stay America Hotel is also proposed, on the 2.17 -acre parcel. The hotel will be four stories in height, and will include kitchen facilities in each room. The hotel will be geared to business travelers and employees being relocated by their employers, who will stay at the facility for a period in excess of 2 weeks. The Development Code does not allow such facilities under the definition of "hotel" currently. A Development Code Amendment is proposed concurrently by the City (DCA-OI-02) to change the definitions and development standards to allow the use with approval of a Conditional Use Permit. The Development Code Amendment has been reviewed separately for conformance to the California Enviromnental Quality Act (please see Initial Study and Addendum for DCA 01-02). All analysis included in this Initial Study IS I CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY assumes that the impacts associated with the proposed project would only occur if the Development Code Amendment were adopted. The proposed hotel project includes 123 parking spaces, and landscaping of 41.1% of the site. A landscaping buffer of 49 feet and 25 feet will be provided on Waterman Avenue and Vanderbilt Way, respectively. The hotel will be open 24 hours per day, with front desk hours of 6 a.m. to 10 p.m. Approximately 6 to 8 employees will work each shift at the hotel. Access will be available from the Vanderbilt Way frontage only. The entire 9.1 acre site was, prior to 1955, an unlicensed Class III landfill. The parcel contains approximately 110,000 cubic yards of illegally dumped materials, primarily construction waste, glass, organic materials, tires and metal. The illegally dumped materials occur to a depth of approximately 1 foot along the Vanderbilt Way frontage of the property, increasing in depth for a distance of 200 feet northerly; and a depth of 15 feet in the northern section of the property, from the northern property boundary for a distance of approximately 200 feet southerly. The landfill was covered with soil in the past, but was not remediated or "closed" in conformance with local, state or federal standards. A number of studies have been prepared for the project site. The studies included extensive boring, testing and analysis to determine the nature of the contents of the site, the presence of hazardous materials, chemicals and heavy metals. All findings in previous stUdies have been incorporated into, and led to the completion of a Closure Plan and Post Closure Land Use Plan for the entire site. All remediation required in the Closure Plan must be complete prior to the initiation of any construction on any portion of the site. The Closure Plan proposes the excavation of the southerly half of the site, where debris and materials are estimated to be less thickly distributed, and the "capping" or sealing of the northerly half with geogrid fabric, soil and asphalt. In the northerly section, the materials and debris would remain in the ground. The asphaltic cap is required to prevent the infiltration of water into the site. The Closure Plan also prohibits the construction of any structure with the northerly 200 feet of the entire 9.1 acre property. In the southerly portion of the site, about 70% of the material that will be excavated is expected to be suitable for reuse on the site in combination with soil and fill material. The applicant proposes to crush it into small pieces, as acceptable material to refill the site, when properly compacted. The breaking up of material will be done on site, potentially using a variety of techniques, all involving mechanical equipment. The balance of the materials, or 30% of the materials to be excavated, will be disposed of by licensed haulers in licensed landfills. The Closure Plan also includes extensive testing of materials as they are excavated, so that any as yet unidentified materials are properly processed. An alternative to the closure plan described above was considered in the early studies for the project. That alternative would have resulted in the excavation of all materials at the site. The alternative was not chosen because of the high cost associated with it. Discussion of this IS 2 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY alternative is included in the Addendum below as a potentially more beneficial option for the City. 8. Surrounding Land Uses and Setting: North: Santa Ana River South: Vanderbilt Way, office development East: Vacant, fire station and office development West: Waterman Avenue, motel 9. Other agencies whose approval is required (e.g., permits, finance approval, or participation agreement): San Bernardino County Department of Public Health, California Regional Water Quality Control, California Integrated Waste Management Board. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. D Land Use and Planning D Population and Housing D Earth Resources I:8JWater I:8J Air Quality I:8JTransportationlCirculation D Biological Resources D Energy and Mineral Resources I:8J Hazards D Noise I:8J Mandatory Findings of Significance I:8J Public Services D Utilities and Service Systems D Aesthetics D Cultural Resources D Recreation IS 3 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Determination: On the basis of this Initial Study, the City of San Bernardino, Environmental Review Committee finds: That the proposed project COULD NOT have significant effect on the environment, D and a NEGATIVE DECLARATION will be prepared. That although the proposed project could have a significant effect on the ~ environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. That the proposed project MAY have a significant effect on the environment, and an D ENVIRONMENTAL IMPACT REPORT is required. That although the proposed project could have a significant effect on the D environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. ~. Z-l~",~~. 7 /~t,./O/ Date I t' _]O:L D-G/ /.A'l-.Jb7 Printed Name IS 4 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Potentially Potentially Significant Unless Less Than Significant Mitigation Significan !mnact Incomorated t ~Imnact No !mnact I. LAND USE AND PLANNING. Will the proposal result in: a) A conflict with the land use as designated D D (gJ D based on the review of the General Plan Land Use Plan/Zoning Districts Map? b) Development within an Airport District as D D D (gJ identified in the Air installation Compatible Use Zone (AICUZ) Report and the Land Use Zoning District Map? c) Development within Foothill Fire Zones A & D D D (gJ B, or C as identified on the Land Use Districts Zoning Map? d) Other? D D D (gJ II. POPULATION AND HOUSING. Will the proposal: a) Remove existing housing (including D D D (gJ affordable housing) as verified by a site survey/evaluation? b) Create a significant demand for additional D D D (gJ housing based on the proposed use and evaluation of project size? c) Induce substantial growth in an area either D D D (gJ directly or indirectly (e.g., through projects in an undeveloped area or an extension of major infrastructure)? d) Other? D D D (gJ IS 5 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Potentially Potentially Significant Unless Less Than Significant Mitigation Significan Imoact Incornorated tlmoact No Imoact III. EARTH RESOURCES: Will the proposal result Ill: a) Earth movement (cut and/or fill) on slopes of D D D [8] 15% or more based on information contained in the Preliminary Project Description Form No.D? b) Development and/or grading on a slope D D D [8] greater than 15% natural grade based on review of General Plan HMOD map? c) Erosion, dust or unstable soil conditions from D [8] D D excavation, grading or fill? d) Development within the Alquist-Priolo D D D [8] Special Studies Zone as defined in Section 12.0, Geologic & Seismic, Figure 47, of the City's General Plan? e) Modification of any umque geologic or D D D [8] physical feature based on field review? f) Development within areas defined as having D D D [8] high potential for water or wind erosion as identified III Section 12.0, Geologic & Seismic, Figure 53, of the City's General Plan? g) Modification of a channel, creek or river D D D [8] based on a field review or review of USGS Topographic Map ? h) Development within an area subject to D [8] D D landslides, mudslides, subsidence or other similar hazards as identified in Section 12.0, Geologic & Seismic, Figures 48, 51, 52 and 53 of the City's General Plan? IS 6 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Potentially Potentially Significant Unless Less Than Significant Mitigation Significan Imoact Incomorated t Imoact No \moact i) Development within an area subject to 0 [gI 0 0 liquefaction as shown III Section 12.0, Geologic & Seismic, Figure 48, of the City's General Plan? j) Other? 0 0 0 [gI IV. WATER. Will the proposal result in: a) Changes III absorption rates, drainage 0 0 [gI 0 patterns, or the rate and amount of surface runoff due to impermeable surfaces that cannot be mitigated by Public Works Standard Requirements to contain and convey runoff to approved storm drain based on review of the proposed site plan? b) Significant aIteration in the course or flow of 0 0 [gI 0 flood waters based on consultation with Public Works staff? c) Discharge into surface waters or any 0 0 [gI 0 aIteration of surface water quality based on requirements of Public Works to have runoff directed to approved storm drains? d) Changes in the quantity or quality of ground 0 0 [gI 0 water? e) Exposure of people or property to flood 0 [gI 0 0 hazards as identified III the Federal Emergency Management Agency's Flood Insurance Rate Map, Community Panel Number , and Section 16.0, Flooding, Figure 62, of the City's General Plan? t) Other? 0 0 0 [gI IS 7 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Potentially Potentially Significant Unless Less Than Significant Mitigation Significan Imoact Incomorated t -imoact No Imoact V. AIR QUALITY. Will the proposal: a) Violate any air quality standard or contribute D [8J D D to an existing or projected air quality violation based on the thresholds in the SCAQMD's "CEQA Air Quality Handbook"? b) Expose sensitive receptors to pollutants? D D D [8J c) Alter aIr movement, moisture, or D D D [8J temperature, or cause any change in climate? d) Create objectionable odors based on D D D [8J information contained in the Preliminary Environmental Description Form? VI. TRANSPORTATION/CIRCULATION. Could D D D D the proposal result in: a) A significant increase in traffic volumes on D [8J D D the roadways or intersections or an increase that is significantly greater than the land use designated on the General Plan? b) Alteration of present patterns of circulation? D D D [8J c) A disjointed pattern of roadway D D D [8J improvements? d) Impact to rail or air traffic? D D D [8J e) Insufficient parking capacity on-site or off- D D D [8J site based on the requirements in Chapter 19.24 of Development Code? f) Increased safety hazards to vehicles, D D [8J D bicyclists or pedestrians? IS 8 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Potentially Potentially Significant Unless Less Than Significant Mitigation Significan Imoact Incomorated tImoact No Imnact g) Conflict with adopted policies supporting 0 0 0 [8J alternative transportation? h) Inadequate emergency access or access to 0 0 0 [8J nearby uses? i) Other? 0 0 0 [8J VII. BIOLOGICAL RESOURCES. Could the proposal result in: a) Development within the Biological 0 0 0 [8J Resources Management Overlay, as identified in Section 10.0, Natural Resources, Figure 41, of the City's General Plan? b) Impacts to endangered, threatened or rare 0 0 0 [8J species or their habitat (including, but not limited to, plants, mammals, fish, insects and birds)? c) Impacts to the wildlife dispersal or migration 0 0 0 [8J corridors? d) Impacts to wetland habitat (e.g., marsh, 0 0 0 [8J riparian and vernal pool)? e) Removal of viable, mature trees based on 0 0 0 [8J information contained in the Preliminary Environmental Description Form and verified by site survey/evaluation (6" or greater trunk diameter at 4' above the ground)? 1) Other? 0 0 0 [8J VIII. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy conservation 0 0 0 [8J plans? b) Use non-renewable resources in a wasteful 0 0 0 [8J and inefficient manner? IS 9 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Potentially Potentially Significant Unless Less Than Significant Mitigation Significan Irooact Incoroorated t !moact No Irooact c) Result in the loss of availability of a known 0 0 0 ~ mineral resource that would be of future value to the region and the residents of the State? IX. HAZARDS. Will the proposal: a) Use, store, transport or dispose of hazardous 0 0 0 ~ or toxic materials based on information contained in the Preliminary Environmental Description Form No. G(l) and G(2) (including, but not limited to, oil, pesticides, chemicals or radiation)? b) Involve the release of hazardous substances? 0 ~ 0 0 c) Expose people to the potential health/safety 0 ~ 0 0 hazards? d) Other? 0 0 0 ~ X. NOISE. Could the proposal result in: a) Development of housing, health care 0 0 0 ~ facilities, schools, libraries, religious facilities or other noise sensitive uses in areas where existing or future noise levels exceed an Ldn of 65 dB(A) exterior and an Ldn of 45 dB(A) interior as identified in Section 14.0, Noise, Figures 57 and 58, of the City's General Plan? b) Development of new or expansion of existing 0 ~ 0 0 industrial, commercial or other uses which generate noise levels above an Ldn of 65 dB(A) exterior or an Ldn of 45 dB(A) interior that may affect areas containing housing, schools, health care facilities or other sensitive uses based on information in the Preliminary Environmental Description Form No. G(I) and evaluation of surrounding land uses No. C, and verified by site survey/evaluation? IS 10 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Potentially Potentially Significant Unless Less Than Significant Mitigation Significan Imoact Incorporated t lmoact No Imoact c) Other? 0 0 0 ~ XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? 0 0 ~ 0 b) Medical aid? 0 0 0 ~ c) Police protection? 0 0 ~ 0 d) Schools? 0 0 0 ~ e) Parks or other recreational facilities? 0 0 0 ~ f) Solid waste disposal? 0 0 ~ 0 g) Maintenance of public facilities, including 0 0 ~ 0 roads? h) Other governmental services? 0 0 ~ 0 XII. UTILITIES. Will the proposal, based on the 0 0 0 0 responses of the responsible Agencies, Departments, or Utility Company, impact the following beyond the capability to provide adequate levels of service or require the construction of new facilities? a) Natural gas? 0 0 0 ~ b) Electricity? 0 0 0 ~ c) Communications systems? 0 0 0 ~ d) Water distribution? 0 0 0 ~ e) Water treatment or sewer? 0 0 0 ~ f) Storm water drainage? 0 0 0 ~ IS II CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Potentially Potentially Significant Unless Less Than Significant Mitigation Significan Imnact Incornorated t Impact No Impact g) Result III a disjointed pattern of utility 0 0 0 ~ extensions based on review of existing patterns and proposed extensions? h) Other? 0 0 0 ~ XIII. AESTHETICS. a) Could the proposal result in the obstruction 0 0 0 ~ of any significant or important scenic view based on evaluation of the view shed verified by site survey/evaluation? b) Will the visual impact of the project create 0 0 0 ~ aesthetically offensive changes in the existing visual setting based on a site survey and evaluation of the proposed elevations? c) Create significant light or glare that could 0 0 ~ 0 impact sensitive receptors? d) Other? 0 0 0 ~ XIV. CULTURAL RESOURCES. Could the proposal result in: a) Development in a sensitive archaeological 0 0 0 ~ area as identified in Section 3.0, Historical, Figure 8, of the City's General Plan? IS 12 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Potentially Potentially Significant Unless Less Than Significant Mitigation Significan !moact Incorporated t lmoact No Imoact b) The alteration or destruction of a prehistoric 0 0 0 0 or historic archaeological site by development within an archaeological sensitive area as identified in Section 3.0, Historical, Figure 8, of the City's General Plan? c) Alteration or destruction of a historical site, 0 0 0 0 structure or object as listed in the City's Historic Resources Reconnaissance Survey? d) Other? 0 0 0 0 xv. RECREATION. Would the proposal: a) Increase the demand for neighborhood or 0 0 0 0 regional parks or other recreational facilities? b) Affect existing recreational opportunities? 0 0 0 0 XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to 0 0 0 0 degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to achieve 0 0 0 0 short-term, to the disadvantage oflong-term, environmental goals? IS 13 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Potentially Potentially Significant Unless Less Than Significant Mitigation Significan Imnact Incorporated t Inroact No Imnact c) Does the project have impacts that are 0 0 1ZI 0 individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) d) Does the project have environmental effects 0 1ZI 0 0 which will cause substantial adverse effects on human beings, either directly or indirectly? IS 14 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY REFERENCES. The following references cited in the Initial Study are on file in the Development Services Department. 1. City of San Bernardino General Plan. 2. City of San Bernardino General Plan Land Use Plan/Zoning Districts Map. 3. City of San Bernardino Development Code (Title 19 of the San Bernardino Municipal Code). 4. City of San Bernardino Historic Resources Reconnaissance Survey. 5. Alquist-Priolo Earthquake Fault Zones Map. 6. South Coast Air Quality Management District, CEQA Air Quality Handbook. 7. Federal Emergency Management Agency, Flood Insurance Rate Maps. 8. Public Works Standard Requirements-water. 9. Public Works Standard Requirements-grading. 10. "Post Closure Land Use Plan, Landfill at the Northeast Comer of Vanderbilt Way and Waterman Avenue," prepared by Kleinfelder, July, 2001 11. "Draft Closure Plan, Landfill at the Northeast Comer of Vanderbilt Way and Waterman Avenue," prepared by Kleinfelder, May, 2001 12. "Extended Stay America, Traffic Impact Study," prepared by RK Engineering Group, Inc., May 2001. 13. "Engineering Geology Investigation Proposed Extended Stay America Hote!...," prepared by Krazan & Associates, Inc., November, 2000. 14. "Geotechnical Engineering Investigation Proposed Extended Stay America Hote!...," prepared by Krazan & Associates, Inc., November, 2000. 15. "Phase I Environmental Site Assessment Proposed Extended Stay America Hote!..." prepared by Krazan & Associates, Inc., November, 2000. IS 15 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY DISCUSSION OF SPECIFIED CHECKLIST RESPONSES. I. LAND USE & PLANNING a) The zoning designation for the proposed project site is currently CR-3. This zoning district permits hotels with approval of a conditional use permit. The definition of hotel, however, limits the stay of any guest to 2 weeks. The applicant has specifically stated that stays for guests will be extended to, in some cases, as long as 30 days. The Development Code therefore does not permit the land use at this time. However, the City is processing a Development Code Amendment (DCA-Ol-02), which would allow "residence inns" which would be defined as lodging facilities which allow stays of up to 30 days. The Development Code Amendment also establishes standards for such uses. Therefore, although the proposed hotel use does not currently conform to the definitions and standards included in the Development Code, the proposed DCA will provide standards and definitions which the proposed project will meet. This potential impact will therefore be eliminated. III. EARTH RESOURCES c) The natural soils occurring at the site are identified as being of the Grangeville series!, which consist of poorly drained, level soils in the vicinity of the Tri City Airport. The soil type has a low potential for wind erosion. The soil will be subject to wind and water erosion hazards during the construction process. The City, however, requires the preparation ofPMlO Management Plans and erosion control during the construction process (please see the discussion under Water Resources and Air Quality, below). These requirements will reduce the potential for erosion during construction to a less than significant level. The history of the site as an illegal landfill results in a high potential for unstable soil conditions from excavation and grading, without mitigation. Since the soils on the site are mixed with unconsolidated, uncompacted debris, care must be taken to ensure that the site is properly prepared prior to the initiation of construction. The Closure Plan includes a number of recommendations that will aid in mitigation. These mitigation measures are listed below. 1. The project proponent shall, prior to the issuance of grading permit, receive approval of a PMlO management plan from the Public Works Division. 2. Areas to receive compacted fill shall be stripped of all landfill debris until a firm unyielding native material subgrade is exposed and evaluated by a geotechnical engineer. "Soil Survey of San Bernardino County, Southwestern Part, California," United States Department of Agriculture, Soil Conservation Service. IS 16 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY 3. No structure shall be constructed within 200 feet of the northern boundary on any portion ofthe 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. 4. All grading plans for any project on the 9.1-acre site shall show the location of the 200 foot restricted development zone. 5. All removal of illegally dumped waste, and all importation of fill material shall be undertaking under the supervision of a qualified geologist. 6. A qualified Registered Environmental Assessor or similarly qualified hazardous materials specialist shall be on-site during any and all removal of any material from the project site. Such specialist shall be empowered to stop or divert any earth moving activity on the site should he or she suspect or identifY hazardous materials on the site, until such time as appropriate testing and handling methods have been completed. 7. Under the building footprint for the Extended Stay America Hotel, a uniform layer of fill will be placed under the entire building footprint and extending to a distance of at least IS feet beyond the exterior footing line. 8. Any concrete rubble to be excavated and reused on-site shall be inspected for metal rebar, and/or other reinforcement materials. All such reinforcements shall be removed and disposed of at a licensed facility. 9. Any concrete material to be excavated and reused on-site shall be mechanically reduced in size not to exceed 8 inches in the largest dimension. 10. Prior to the placement of any fill along the left-in-place debris, the excavation will be surveyed for horizontal and vertical line and grade. II. Once the survey is complete, a geogrid fabric will be draped over the left- in-place debris, and will extend 5 feet horizontally from the toe south boundary of the debris. The geogrid fabric will be anchored at the top of slope in such a fashion as to allow the fabric to be adjusted once fill material is placed next to it, to release tension. 12. Loose fill will be placed over the geofabric and moisture conditioned and compacted. Only rubber tired compaction equipment shall be used in the vicinity of the geofabric to prevent its being damaged. 13. Fill materials in the excavated area should have no particles greater than 8 inches in the largest dimension, and be placed in lifts no greater than 12 inches thick. The fill material shall be moisture conditioned as needed, and recompacted to a minimum of 90 percent of the maximum dry density, based on ASTM DI557 Test Method. 14. At a minimum, the upper one foot of exposed native subgrade soil should be moisture conditioned to near optimum moisture and recompacted to a minimum of 90 percent of the maximum dry density, based on ASTM D1557 Test Method. IS 17 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY The northern one-half of the project site is proposed to remain as a capped landfill. The studies performed at the site have determined that because of the landfill materials remaining in the ground, no structure can be built in this area, since the landfill material is unconsolidated and improperly compacted, and is expected to be unstable. 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. The excavation, removal, and/or grinding of excavated materials over the entire site would result in stable soil conditions throughout the site. This alternative would be superior to the currently proposed Closure Plan. h) A Geotechnical Engineering study was prepared for the proposed project2. The study that the site is underlain with loose to medium dense silty sand. The study further found that the unstable nature of the buried debris could cause settlement. The study makes a number of recommendations, which are included in the mitigation measures below. I. Under the building footprint for the Extended Stay America Hotel, the site shall be excavated until stable native soil is uncovered, and backfilled with engineered fill to a distance of at least 15 feet beyond the exterior footing line. 2. Engineered fill for the Extended Stay America project should be composed of non-expansive granular material with a plasticity index less than 10 and a UBC Expansion Index less than 15. Fill should be free of rocks and clods greater than 4 inches in diameter. All engineered fill shall be submitted to the soils engineer for approval at least 48 hours prior to delivery to the project site. 3. Fill should be placed in lifts of 6 inches thick, moisture conditioned as needed, and compacted to a maximum density of at least 90 percent, as determined by ASTM 01557 Test Method. 4. All exterior grades shall slope away from the structure a minimum of 2 percent for a minimum distance of 5 feet from structures. 5. Shoring or sloping back trench sidewalls will be required for all trench wall excavations on the site. 6. A topographic survey of the landfill shall be completed at the completion of closure activities. Differential settlement shall be tracked with an initial settlement survey by ground, performed following closure construction. An ISO-settlement map shall be prepared every five years thereafter. The project proponent shall maintain security, in a form approved by the City of San Bernardino, for the completion of the settlement map in perpetuity. 2 "Geotechnical Engineering Investigation, Proposed Extended Stay America Hotel No. 8822..., "prepared by Krazan & Associates, November, 2000. IS 18 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY These mitigation measures will reduce impacts to a less than significant level. However, the northern one-half of the project site will remain as a capped landfill under the proposed Closure Plan. 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. The excavation, removal, and/or grinding of excavated materials over the entire site would result in stable soil conditions throughout the site. This alternative would be superior to the currently proposed Closure Plan. i) The Geotechnical study also found the site to be at moderate risk for liquefaction, based on identified groundwater at a depth of 33 feet, and previous studies having found groundwater at a depth of 10 feet. Liquefaction may therefore pose a hazard for structures on the project site. In order to mitigate this hazard, the following mitigation measures shall be implemented 1. In order to mitigate for the potential for liquefaction on the site, the project proponent shall include either geogrid, stone columns, a structural slab system, compaction grouting, or a deep foundation system in the building's structural design. The proposed mitigation measure used shall be fully detailed to the satisfaction of the City Engineer and Building Department. No building permit shall be issued until such time as the Building Department has approved the structural engineering plans for the proposed project. 2. Prior to the issuance of grading permits, the project proponent shall provide the Building Department with a detailed liquefaction potential report, which identifies the depth to groundwater, and analyses the impacts of excavation and grading on the project site. Recommendations shall be provided which include dewatering, densification techniques for proper soil compaction, and other measures as may be deemed necessary by the consulting geologist. No grading permit shall be issued until such time as the Building Department has approved the liquefaction study. 3. Flexible connectors shall be incorporated into all utilities within the project parking lot(s). These mitigation measures will reduce impacts to a less than significant level. IV. WATER a) Development of the project site, and implementation of the closure plan will result in approximately 5.5 acres of impermeable surfaces on the site upon development of the hotel. Development of the remainder parcel is also likely to create more impermeable surfaces. All on-site drainage will be directed to City storm drainage facilities, and not to the Santa Ana River, which borders the property on the north. Specific measures are included in the City's Public Works standard requirements to control surface runoff and related on-site and off-site IS 19 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY drainage. These requirements will reduce the potential impacts to a less than significant level. b ), c) The project site is located within the 100 year flood plain for the Santa Ana River. The & e) City's Public Works Department will require the project applicant to conform to City standards for construction within the flood plain. No discharge will be allowed into the Santa Ana River. These requirements will reduce the potential impacts to surface waters to a less than significant level. d) The proposed project site is currently an illegal dump site, and a comprehensive closure plan has been proposed. The Plan includes requirements for the removal of a portion of the materials, and the capping of the balance of the site. The capping of the site is required to prevent the infiltration of water into the debris, and its potential migration to water basins below the site and down gradient. The proposed project will construct a parking lot and landscaping in this area of the site. The landscaping is required both as a Development Standard and for aesthetic purposes, but cannot cause degradation of the asphalt landfill cap. In order to assure that the debris which remains in place does not cause water contamination, the following mitigation measures shall be implemented: 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. 2. No structure or facility shall break the cap within the restricted development zone, including swimming pools and spas, sunken tennis courts, or other hotel amenities that might be proposed. These shall be located south of the restricted development zone. 3. The development of the parking lot for the Extended Stay America project, and any parking on the balance of the property, shall occur over the required landfill cap. The final plans for the Extended Stay America project shall demonstrate that landscape areas on the west, north and east of the property, within the restricted development zone, shall be constructed over the cap, with a minimum of 3 feet of topsoil to ensure healthy landscaping growth. 4. All landscaping planned for the restricted development zone shall be shrubs, groundcover, or other small rooted plants that shall not risk penetrating the landfill cap. 5. All landscaping areas on the west, north and east perimeter within the restricted development zone shall be drained so as to ensure that all excess watering shall drain to the south, and into approved City drainage system. 6. All trees proposed in the conceptual landscaping plan for the restricted development zone shall be relocated to other areas of the site, outside the restricted development zone. Trees planned for the southern half of the site IS 20 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY shall be planted at least 10 feet from the boundary of the restricted development zone. 7. All parking lot fixtures, including light standards and landscape islands, and any other fixture requiring footings, shall be designed and constructed to ensure that the fixture or facility does not in any way pierce or damage the asphalt landfill cap. The northern one-half of the project site is proposed to remain as a capped landfill. The studies performed at the site have determined that because the landfill materials are to remain in the ground, an asphaltic cap is required to ensure that water infiltrating the site does not percolate chemicals or metals to the groundwater table and result in water contamination. In the long term, the Closure Plan as currently proposed may not represent the optimal alternative for the protection of the groundwater table. The excavation, removal, and/or grinding of excavated materials over the entire site would result in the elimination of all chemicals and metals from the soil and landfill, which would ensure that no contamination could occur. This alternative would be superior to the currently proposed Closure Plan. V. AIR QUALITY a) The primary generator of air pollution on the project site will be vehicular traffic. The traffic study completed for the proposed project states that the project will generate approximately 763 trips per day3. Based on the estimate from the traffic study, and using factors established by the SCAQMD, it is possible to estimate the pollutants which will be generated by the proposed project during daily operations. The table below illustrates the potential impacts of the proposed project from vehicular emissions, and demonstrates that the project will not exceed SCAQMD thresholds. "Extended Stay America Traffic Impact Study," prepared by RK Engineering Group, March, 2001. IS 21 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Table 1 Moving Exhaust Emission Projections at Project Buildout (pounds per day) Ave. Trip Total Total No. Vehicle TripsIDay Length (miles) miles/day 763 x 12 = 9,156 PM 10 PMIO PMIO Pollutant ROC CO NO Exhaust Tire Wear Brake Wear Pounds at 40 mph 2.22 46.69 6.87 0.20 0.20 Daily Threshold (lbs) 550 75 100 150 Based on California Air Resources Board's EMF AC7G Emissions Model. Assumes Year 2005 summertime running conditions at 75"F, light duty autos, catalytic. The project will also generate short term air quality impacts associated with the implementation and completion of the Closure Plan, and the construction of the proposed hotel. These activities are not expected to occur concurrently, since the closure of the dump must be complete prior to the initiation of construction. Table 2 has been developed based on input from Kleinfe1der engineers, who were consulted regarding the number and type of equipment which would be required to implement the closure plans. It is expected that the closure activities will last for a total of 40 working days. IS 22 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Table 2 Grading Equipment Emissions - Diesel powered (pounds per day) # # Equipment Pieces hrs/day CO ROC Nox Sox PMlo Fork Lift - 50 hp 0 0 Fork Lift - 175 hp 0 0 Trucks - Off-Highway 1 8 14.400 1.520 33.360 3.600 2.080 Tracked Loader 1 8 1.608 0.760 6.640 0.608 0.472 Tracked Tractor 2 8 5.600 1.920 20.160 2.240 1.792 Scraper 0 0 Wheeled Dozer 0 0 Wheeled Loader 2 8 9.152 3.680 30.400 2.912 2.720 Wheeled Tractor 0 0 Roller 0 0 Motor Grader 1 8 1.208 0.312 5.704 0.688 0.488 Miscellaneous 20 8 108.000 24.000 272.000 22.880 22.400 Total: 139.968 32.192 368.264 32.928 29.952 SCAQMD Thresholds of Si2nificance 550.00 75.00 100.00 150.00 150.00 Based on the Table above, the implementation of the closure plan will exceed SCAQMD thresholds for nitrogen oxides. This impact is primarily generated by the 20-trucks that expected to haul materials away from the site for disposal, and bring in engineered fill to cover the site. Since it is not expected that the volume of trucks will be constant for the entire 40-day working period, the Table represents a worst case scenario. In addition, these impacts will be temporary, since the closure plan can be completed in a relatively short period of time. The northern one-half of the project site is proposed to remain as a capped landfill. Discussion included in this Addendum includes the possibility that the entire landfill could be excavated, and that the concrete materials found could be reduced in size and incorporated into fill to overlay the site. Should this alternative be implemented, however, it would result in greater impacts to air quality, insofar as the excavation process would be considerably longer than that described above, both in the text and in the Table. Should this alternative be implemented, the impacts associated with nitrogen oxides would be extended to at least 80 working days, and possibly longer. This alternative, therefore, represents an increase in the potential impacts associated with air quality, and is a less beneficial alternative in that regard. IS 23 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY Following the completion of the closure plan, construction of the hotel facility may begin. Since the site is small, and will have been graded to a large extent, it is expected that precise or finished grading on the site will not require an extended period of time. For purposes of this analysis, a period of 3 days has been estimated. Table 3 identifies the potential emissions associated with grading the project site, as well as the SCAQMD thresholds. The proposed project is not expected to exceed the SCAQMD thresholds of significance during finished grading of the site. Table 3 Grading Eqnipment Emissions - Diesel powered (pounds per day) # # Equipment Pieces hrs/day CO ROC Nox Sox PM10 Fork Lift - 50 hp 0 0 Fork Lift - 175 hp 0 0 Trucks - Off-Highway I 8 14.400. 1.520 33.360 3.600 2.080 Tracked Loader 0 0 Tracked Tractor 0 0 Scraper I 8 10.000 2.160 30.720 3.680 3.280 Wheeled Dozer 0 0 Wheeled Loader 0 0 Wheeled Tractor 0 0 Roller 0 0 Motor Grader I 8 1.208 0.312 5.704 0.688 0.488 Miscellaneous I 8 5.400 1.200 13.600 1.144 1.120 Total: 31. 008 5.192 83.384 9.112 6.968 SCAQMD Thresholds of Si2nificance 550.00 75.00 100.00 150.00 150.00 The proposed project has the potential to generate dust during grading activities, and in periods of high winds. To mitigate this impact, the City requires the preparation and approval of PMIO management plans, which shall be reviewed and approved by the Public Works Division. This plan will include mitigation measures as required by the Municipal Code. In order to mitigate the potential impacts associated with air quality that could be generated on the site, the project proponent shall implement the following mitigation measures to mitigate the potential impacts on air quality during construction activities: IS 24 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY 1. The project proponent shall ensure that construction equipment shall be properly maintained and serviced to minimize exhaust emissions. 2. Individual PMl 0 Management Plans shall be required for the closure plan and the construction ofthe hotel. 3. Trucks waiting to be loaded or unloaded during implementation of the closure plan shall not be left to idle for more than 10 minutes. 4. The project proponent shall ensure that existing power are utilized where feasible via temporary power poles to avoid on-site power generation. 5. The project proponent shall ensure that construction personnel be informed of ride sharing and transit opportunities. 6. The project proponent shall ensure that any portion ofthe site to be graded shall be pre-watered to a depth of three feet prior to the onset of grading activities. 7. The project proponent shall ensure that watering ofthe site or other soil stabilization method shall be employed on an on-going basis after the initiation of any earth moving activity on the site. Portions of the site that are actively being graded shall be watered regularly during the work day, and shall be watered at the end of each work day. 8. The project proponent shall ensure that all disturbed areas are treated to prevent erosion until the site is constructed upon. 9. The project proponent shall ensure that landscaped areas are installed as soon as possible to reduce the potential for wind erosion. 10. The project proponent shall ensure that SCAQMD Rule 403 is adhered to, insuring the clean up of construction-related dirt on approach routes to the site. 11. The project proponent shall ensure that all grading activities are suspended during first and second stage ozone episodes or when winds exceed 25 miles per hour. 12. All buildings on the project site shall conform to the standards included in Title 24 of the Uniform Building Code. VI. TRANSPORTATION/CIRCULATION a) A traffic analysis was prepared for the proposed hotel project4. The traffic analysis found, as previously stated, that the proposed project will generate 763 trips ends per day, of which 61 will be AM peak hour trips, and 65 will be PM peak hour trips. The proposed project will have an impact on local roadways. In order to mitigate these impacts, the following mitigation measures shall be implemented: 1. The project proponent shall contribute his fair share to the intersection improvements at Waterman Avenue and Hospitality Lane. 4 Ibid. IS 25 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY 2. The project proponent shall modify the existing traffic signal at Waterman Avenue and Vanderbilt Way to provide westbound to northbound and northbound to eastbound right turn overlap phasing. 3. The project proponent shall widen Waterman Avenue adjacent to the property line to its ultimate right of way to accommodate dual southbound left turn lanes on Waterman Avenue at Vanderbilt Way. 4. The project proponent shall pay the Traffic System Fee imposed by the Public Works Division. These mitigation measures will reduce the impacts of traffic from the proposed project on local roads to a less than significant level. e) The proposed project must provide a safe internal circulation system. Of particular concern are the exit from the project site onto Vanderbilt Way, and the access for pedestrians along the project site, and connecting to other development in the area. In order to mitigate these potential impacts, the following mitigation measures must be implemented: 1. Sight distance at the project driveways should be reviewed to ensure conformance with Caltrans/City of San Bernardino standards prior to the issuance of grading plans. 2. A stop sign shall be installed with pavement markings for motorist exiting the project driveway onto Vanderbilt Way. 3. The project proponent shall install sidewalks on Waterman Avenue and Vanderbilt Way along the entire frontage of the Extended Stay American property, and a pedestrian access ramp at the northeast corner of Waterman Avenue and Vanderbilt Way, in conformance with City standards. IX. HAZARDS b) & c) The construction of the hotel project itself is not expected to either involve the release of hazardous substances, or to expose people to hazardous materials. Prior to its construction, however, the closure plan required to eliminate the potential hazards contained in the illegal landfill has the potential to both release hazardous materials, and expose people to hazardous materials. Although considerable recognizance and analysis has been completed for the project site, and although such analysis has determined the approximate breadth of the materials which are likely to be encountered during the excavation of the site, it is entirely possible that other materials occur which have not yet been identified. The closure plan includes a number of recommendations and requirements which are intended to mitigate this potential exposure. These recommendations and requirements are incorporated into the mitigation measures below. IS 26 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY 1. The closure plan shall be completed and all permits and requirements satisfied prior to the recordation of the Final Parcel Map. 2. A Registered Environmental Assessor (REA) or equivalent qualified professional shall be on-site during all excavation activities. The REA shall inspect debris as it is removed, and shall have the authority to stop excavation or redirect it to another portion of the site, should any material be excavated which requires further investigation. Should further analysis be required, all such analysis shall be conducted using best management practices and the most up to date standards for review, analysis and removal. All such activities shall be properly documented, and submitted to the appropriate agencies for review and approval. 3. All landfill materials south of the restricted development zone shall be excavated and separated into reusable fill and unsuitable material designated for offsite disposal. Concrete and asphalt will be separated for use in conjunction with soil for use as engineered fill on the site. 4. All excavated landfill materials, whether reusable or unsuitable, shall be sampled and tested for the presence of chemicals or metals, and shall be designated hazardous or non-hazardous. All testing methodology and reporting shall be in conformance with those established in the approved Closure Plan. 5. All unsuitable materials, including wood, steel, piping, plastics and other materials shall be transported by a licensed hauler to a licensed Class III waste facility. Any materials determined to qualify for disposal in a Class I or Class II landfill shall be transported to such a facility by a licensed hazardous waste hauler. 6. Verification of the amount of fill removed and the limits of the remaining material will be undertaken on-site during grading of the site, after completion of excavation activities. 7. Prior to the placement of any fill on the excavated portion of the site, the native soil shall be tested for chemicals, as detailed in Section 4.17 of the approved Closure Plan. 8. Within the restricted development zone, a soil cap of 4 feet in depth will be installed, moisture conditioned, and recompacted over a 1 foot foundation layer, as required in the Closure Plan. The soil will be recompacted to 90 percent of the maximum dry density, based on ASTM DlSS7 test methods. 9. The entire restricted development zone will be capped with asphalt, to a thickness determined in the approved Closure Plan. 10. The approved Emergency Response Plan shall be maintained at the site during the closure and post-closure maintenance period. A copy of the Emergency Response Plan shall also be provided to the Fire Department. 11. All equipment used on the site shall be cleaned and decontaminated III conformance with the standards included in the approved Closure Plan. IS 27 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY These mitigation measures will reduce the potential impacts to a less than significant level. However, northern one-half of the project site is proposed to remain as a capped landfill. The studies performed at the site have determined that because of the landfill materials remaining in the ground, an asphaltic cap is required to ensure that potentially hazardous materials in the northern portion of the landfill do not leach into the groundwater. The excavation, removal, and/or grinding of excavated materials over the entire site would result in the elimination of these potentially hazardous materials, insofar as everything that currently occurs at the site would be removed and properly disposed of. This alternative would be superior to the currently proposed Closure Plan. x. NOISE The construction of the proposed hotel will not result in significant noise impacts. The project site is located in a commercial area, with offices, retail and moteiland uses in the immediate vicinity. These uses are not considered sensitive receptors, and will not require mitigation. The closure of the landfill, however, will result in short term noise impacts to the area which are likely to exceed noise levels commonly allowable in commercial areas. Of particular concern is the crushing of the landfill concrete, which could generate noise levels well in excess of 100 dBA for short periods. The landfill closure activities, including noise generated by trucks, bulldozers and other vehicles will represent a short term and occasional impact on the surrounding area. The closure activities will take approximately 40 working days to complete. All these activities, however, should be limited to daytime hours only, and should therefore not impact the more sensitive evening and night time hours. In order to ensure that the noise impacts associated with the landfill closure are reduced to a less than significant level, the following mitigation measures shall be implemented: I. All construction and landfill closure activities shall be limited to the hours of 7 a.m. to 7 p.m., Monday through Friday, except to correct an emergency or issue which has been demonstrated to be for the public health and safety. 2. Blasting or the use of explosives on the site to reduce the size of the reusable concrete is expressly prohibited. 3. All construction vehicles shall have mufflers, and be maintained in good operating order at all times. No vehicle repair shall be permitted at the project site. 4. Trucks waiting to be loaded or unloaded during implementation of the closure plan shall not be left to idle for more than 10 minutes. The northern one-half of the project site is proposed to remain as a capped landfill. Discussion included in this Addendum includes the possibility that the entire landfill could be excavated, and that the concrete materials found could be reduced in size and incorporated into fill to overlay the site. Should this IS 28 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY alternative be implemented, however, it would result in greater impacts to noise, insofar as the excavation process would be considerably longer than that described above. Should this alternative be implemented, the impacts associated with noise would be extended to at least 80 working days, and possibly longer. This alternative, therefore, represents an increase in the potential impacts associated with noise, and is a less beneficial alternative in that regard. XI. PUBLIC SERVICES a), c), f)-h) All development has an impact on public services. The development of the site will increase the demand on police, fire, solid waste and other governmental services. The property, however, is currently generating only limited property tax revenue to the City. Upon completion of the proposed project, the property tax revenues and the transient occupancy tax revenues generated by the property will increase, and contribute directly to an increase in General Fund Revenues. Generally, commercial development generates more revenues than costs associated with it. In addition, the hotel will pay fees for services it requires, and reimburse the City or other utility for expenses it generates. It is therefore expected that impacts of the proposed project on public services will be less than significant. The closure plan identifies specific landfills with capacity for materials from the site. The impacts to landfills from the closure plan, therefore, is not expected to be significant. The estimated amount of material to be excavated from the intermitted landfill on the project site is 110,000 cubic yards of primarily inert construction waste. The project proponent anticipates reusing an estimated seventy percent of the material for fill on site, and disposing of the remaining thirty percent at a permitted landfill. Applying conversion factors approved by the California Integrated Waste Management Board, the total amount to be excavated may generate the equivalent of approximately 18,000 to 100,000 tons of waste materials. The State of California Legislature has determined that the capacity of operating landfills may be exhausted with the growth of waste generation in the near future and the siting of new landfills is becoming more restricted. The California Integrated Waste Management Act mandates that all local jurisdictions must meet a minimum 50% reduction of landfill disposal through source reduction and recycling. In order to comply with this mandate, the City of San Bernardino has implemented standard requirements for residential and commercial development to divert a minimum of 50% of solid waste from site preparation, construction, and provides recycling services for both residents and businesses. While the maximum disposal of materials from this project during site preparation may not significantly impact the immediate capacity of permitted local landfills, it may IS 29 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY generate the equivalent of 10% to 60% of the total weight disposed by City commercial and residential hauling services in 2000. Even if only the estimated 30% of the material is disposed in sanitary landfills, this would result in a potentially significant increase of 4% to 20% of total landfill disposal if not mitigated. To ensure that the disposal impacts from this project are reduced to a minimum and diversion efforts are maximized, and impacts are reduced to a level of non-significance, the following mitigation measures shall be implemented: 1. All scrap metal and tire discards shall be directed to permitted recycling facilities rather than a landfill in compliance with CA Public Resource Code sections 42170 and 42861. 2. All efforts shall be made to reuse a maximum of the remaining inert materials for fill on site. 3. All inert materials in excess of reuse on site shall be diverted to an inert materials recycling facility and not landfilled. 4. All remaining mixed wastes shall be disposed of at a permitted sanitary landfill. 5. If City hauling services are not used, copies of all weight tickets for materials disposed off-site from the landfill closure, whether at a landfill or a recycling facility, shall be provided to Public Services within fourteen calendar days of the date of each ticket, attention Commercial Waste Reduction Coordinator. 6. The applicant shall be required to complete an Integrated Waste Management Survey for the site preparation activities. XII. AESTHETICS c) The proposed project site is currently vacant. Development of the site will therefore create new light sources. The site is surrounded by commercial and office development on the west, south and east. On the north, the site is bounded by the Santa Ana River and by scattered residential to the north of the River. The hotel will be required to install parking lot lighting, as required by the San Bernardino Municipal Code. All such lighting will be required to be angled downwards, to be confined to the project site only, and be equipped with an automatic shutoff. Such standards will reduce the potential impacts to adjacent properties to a less than significant level. IS 30 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY XVI. MANDATORY FINDINGS OF SIGNIFICANCE a)-d) The construction of the proposed hotel and the subdivision of the 9.1 acres represent infill construction which will not, in and of itself, have a significant impact in the City or region. The implementation of the closure plan, with the implementation measures included in this document, represents a potential beneficial impact in the City, insofar as the project site will be remediated, and potential hazards eliminated. The actual closure activities, as well as the construction activities associated with the proposed hotel, have been mitigated to ensure that impacts are reduced to a less than significant level. The analysis in this Initial Study supports the finding that a Mitigated Negative Declaration should be approved for the proposed project. IS 31 c c L , 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. ~~~7) ;-i~/'2- IS 32 -tr / () fo/3~L- c c '- 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 repealedly 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. Il)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 fora Post Closure IS 33 c 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 wi thin 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 fi t. 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) . c 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 respon~e 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 c ,-- i.- C OF SAN BERNARDINO DEVELOPMENT SERVICES INITIAL STUDY APPENDIX A COMMENT LETTERS RECEIVED I 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 A venue 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. c 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 Co lint)' Flood Control District reduces the width of the 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 Kleinfeldcr.lnc. Page I 00 August 22, 2001 c 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: T.he 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. C 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 zone and/or 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." ""... "- 56-2079-0 t/KleinfelderCmts8/23 .doc copyright 2001 Kleinfcldcr. Inc. Page 2 of3 August 22, 2001 C If you have any questions or comments. please do not hesitate to contact our office at 909.793.2691. Respectfully 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 c ! I"'"' \".. 56-2079-0 l/KleinfelderCmlS8/23 .doc Copyright 2001 Klcinfclder.lnc. Page 3 00 August 22, 200 1 __ .._.....-___" -- ---..- . ...~. -.-;:3 ......gOUO""'t::I&.ib'Ot:;:UQ liUL::::l\'';QbU ~ LS j i DEPARTMENT OF PUBLIC 1...ALTH SEP 0 4 200 /Jt_. .........w.c:lo ".-"3 ~ONMENTAL HEALTH SERVICES DEVELOPMENT 5eRv . . NorlII AmnrIIead A_ . S.. 8elllllrdl.... CA 9241!H1160 . (909) &~~ENT 647 _asl__vanI . Ollllrio, CA 91764 . (90!1) <<iI-!&73 1550$ CltIr: Orlvl: . VIl:1onllIc. CA 92392 . (7eO) 24U141 o 17780 Arrow 80uIevard . rvauoa. CA 92335 . (90S) 356-&444 o Sea BenwdiDo Call1lJ Veclar Colllrall'ragnln 2355 Eall FillllStreet . Sea Bemanino. CA 92415-0064 . (909) 388-4&00 August 30, 2001 10e Bellandi. Associate Planner City of San Bernardino Development Services Department 300 North "D" Street San BcrmlTdinO. CA 92418 coom OF SAN 'ERIWlDulo HlllIAN SERVlCfS S'mEII TliOMAS J. PFlENOE~GA.ST, JFl.. uo. lAPIl Oflec\l)' of f'UOliC Heatlft DANIELJ. AVERA. REHS enlel, Division or EnvIronmental HeQh AIIOsertIng_ dIlB at -- --- _00I0ri0 .....LMt RInIiItl6~ cNoo _ crUD.... ..... ~ s.n_ ~ T......~ """'-- _v_ -- Uma LAia \\Ioc:IIv.a.y RE: LEA COMMENTS ON THE INITIAL SlUOlES FOR THE PROJECf: Sobdivisioll No; 01-01, CODditionl Use Permit No_ 01-03 and DevelopmeJlt Code Amel1dmeat No. 01-02 D<:ar Mr. Bellandi: Thank you for the opportunity to review the above-stated lDitial Studies. The LEA has reviewed the environmema.l documents and offers the following cOn'lrllents and assessment of the proposed environmental docwnents based on our understaDding of the project and the supporting documents. c The City of San Bernardino. acting as Lead Agency, bas prepared and circulated this NOP to prospective Respousible Agc:Dcies in order to help identify and evaluate potential cnviromnental impacts and/or Responsible Agency 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 agmcies. The site is located on the northeast comer of Waterman Avenue and Vanderbilt Way. The parcel contains approximately 110,00 cubic yards of illegally dumped materials. A draft Closure Plan was developed for this site and the LEA recommended te-Il1ming the document a Post Closure Land Use Plao per the requirements found in Title 27 of the California Code QfRegu\ations. ODe Closure document exists and it is entitled "Post Closure Land Use Plan," This plan proposes tho llJ<oavation of tho southerly half of the site and capping the northerly half with geogrid fabric, soil and asphalt. The Lead Agency has identified sevenl areas with potentially significant impacts unless mitigation measures are incorporated. These areas include: Earth Resources, Water, Air Quality, T ransportationlCirculation. and Hazards. Mitigation measures have been identified in the Initial Study and will reduce 0.- eliminate the impacts to public health and safety and the environment. The LEA sraff has no questions or fur1her comments on the project as proposed at this time. If you have any questions please call me at (909) 387-4655. Si~ 4t1~ Jacquelyn Adams, REHS Waste Management/LEA Section JA:ar .....~.~..~~S~pCS.~J..3l).OJ.4oc ~.._'-~..... .... J"........,,__.. /""""', '- ';j:':X :=.J-l;:;:-:;'.::..S'::'\ "(;"'7':.;y~. :.;.,';:.$....... .~C'" :. ~~~.:i<:::.-:; ... 2~.l:'~ :~ Sli.?lr....;sc.$ . . , .. ?=i",,-; _:":5~ "'c: :.3~:\IS jo4A:.~=.::f;.3.=~ ........ -:-';,,::rc O::;,!:l:i $f)~.o:..c.: ;:!$~:"~ ~iU:) .~':;:':il.R . . , . , . . . . . . . .. :=~~~ O~~!-:': .J~=t:S;";!:$ .....'......._.... ?:Z!~C..l!';7~O: \;v:.;:-~:: .~..j:-;::'~.l'.:~;;,!.~..'! ;:;:~: ':'to$:to:.:";~ ~-:-:;.;"'~_' ..i..::.~:" :$~"';:':":' ___ _. _. _ _" 4. ..........-___,; -- _..._.._ . 4"::;I~ -.....i:J ..........-......--.--........ .......- c,.. 5TA1e OF c;:ALJRlRNA. ne Rf~AGENC'l G/Uo.yQAVI$....... DEPARTIIENT OF ASH AND GAME Eastern Sierra - lnlend 0eser1s Region 4775 Bird Fann Road Chino Hils. CaIlromia 91709 (9lle) S97-5043 . c SeptemberS. 2001 Joe BeIIandi. Senior Planner City r:A San Bernardino Develcpment Service Department 300 North "0" Street San Bemardino. CA92418 Phone: (909) 384-5057 FS^- (909) 38~ 5080 Re: Initial Study I Mltfgllt1ld ~... Dec:laration (IS1NND) ExtImded Stay America Residence Inn SCHI2OO1081053 Dear Mr. Bellandt c The Caifcmia Department of FISh lIlId Game (Oeparlment) appreciates this opportunity to ..c.'H'..It on the Initial Study (IS) and Mtigabld Negative DeclBIaIion (MND) rorthe above-refenll1Qld pRljectwlh regards to impad5 to biological ~ oThe pItlI'Jased project is the subcllvlslon r:A a 9.1 - penlII into two parcels and the conslruCtion of a fcur-Ally I1l5idenCe itr1fapartment hctel consisting d 105 unIIs, pius associated parking spaces and landscaping. PrIor to 1955. the entire $ife was an wo........ecI CIae IIIlandfiU, containing approximately 110, DOO &Ubic )'llIds of llegally <IlImpec! materlab. 11Ie"'- not closed in confcnnanca with local. s1aIB. or federal sfandanls. A Closure Plan for the IandIIlls aIIIo proposed. Theprllject site is located at the norlheaSlemcomerofWatermanAvenue andVanclelbillWay. in !he City of san Bernardino. TIle site Is bordered by tile Sanra Ana RIver and fJoad ccntroI benn on lhe nor\l1. wpmlland on !he east, Vanderbill Way on the south. and W5ml1lan Avenue on the west The Department is responding as a T Miee Agency fer fllh and wlldlle resources [Fish and Game Code sections 711.1 and 1802 and the Calforria Environmental Q~ Act GuideInes (CEQA) ....JIOh 15386] and as a Responslble Agenc:y Rlgilfdlng any ClIIQ'"etionary acliona (CEQA ~ 88dIan 15381). 0 The Department is ClOIlcemed about il\'1l8ClS to !he federally list8d enclangered San Bel._dIllO kangarOO rat (SBKR). (Jipodomys meniami p8MJ8, re&Ulling fram c:anslrudlon activitie8l1latClClU'arl" project site and adjacent to 1he flood conltDl berm. A large popuIaIlon of SBKR occur at1hi$ ~. wiII1iI theSanlaAna River bed. on the ftoodpllin. and both nollh andSDUlh clthe tlood ccotroI benn ~ along the River (pelS. convn.. Owg McPIler&Oll. U.S. Fbh and Wlldlfe SeMee). Although lhe.. - hls1aically used as a landfill. SBKR are known to oocur on IarxIiIls alor1g tile S.n JacinlD ~. Addilionaly. 1he entire 9_1 aae proJect site OCCUIS wiltin propQ&ed alticaI habllatfor S8t(R. The ISIV4D does not include an analysis of WheII1eI'1I1e proposed project willmpact SBKR. e1therdlredly or b';.eclIy. Impacts to SBKR and aitical habilat are consiI:leI'ed sIgnIOcant under CEQA and will require ajlpI....... avoidance. minirmation. llIld compensation measures to reduce Impacts to less than sigllifIc3t. Additionally, impacls to SBKR and critical habitat mayrequire an Incidental Take Pennit from the U.S. Filh and Wildfte Service (USFWS) pursuantto Section 7 or 10 of the federal Endangered Species Act of 1913, as amended. ..- '- ~_ ~ .____ - - _, __ ___.__ . - '.Qr _._~ -_.......Q~Q.....QIUO... ..........."'" ~,.. PilQeZ ISIMNO Extended Stay America RIosidenc:e Inn SCHt 2001081053 C lhe OI.t-llliellt recommends that lt1e proposed project site iIrId the adjacent berm area be surveyed by a biologist quallfled In the idenlification of SBKR to determine if Ihe species wi! be ",~ by the proposed project. Tne lead Agency should contact the USFWS to detem1lne approprlalB aVOIdance. mlnlll'izatlon, and compensation measures. Direct impaClS to S8KR Should be avcided where feasible. Any unavoidable impacts should be mitigated by replacing lost habitat with the preservalial of tn.kInd habitat at a 3:1 I8placemenl-to-impact ratio. Indilecl: impacts can be avoided and m.dlli7ed by Im:o."",.alill9 mQllSUl'llS such as IlmilalionS on nlght-time lighting. pesticide applcatlon, non-native plantings. noise, and gJ'OU'ld 'libtalions that could c:cllap$8 burTOws. Because !he proposed project may impact SBKR.the Department rtMlo,.,.encl$lhatthe ISIMND be I'8Yised lD include the above intamation and I1Kin:uIated for review. The Departmentl'elNl....ends that1he proposed project not be approved un61 ImpaClS fo SBKR have been evalualed by the Department and USFWS. Thank you for this opportunity lDccmment. QuestionS regarcli1g this Jetter and fur1her coonllnalllll1 en these issUes should be directed 10 Yvcnne C. Moore, EnvI/OnIl1erUaI SpeclaIiSllll. at (909) 606-2413. Sincerely. J~ Jeff Drongesen Environmental Specialist IV, Supervisor Habitat Conservation - SouthWest Regien 6 c = Jeff Newman. USFWS. CarIsbad Nancy FergUSOn, USfWS, Cartsbad Slate ClearinghOUSe ~ '- ........~ _. _. ..........,. r~"''''''~-'''''.-J -.. ---...... . 4'.:::J' -......:::J .....................-.-............ C'4 8Z5 E#l Third SlJl!el . san IlerIar1Ilno. CA 92415-0835 . (!119) 387.8104 September 5, 2001 Fax (909) 387.n30 COUNty OF SAN BERIIARDIItQ ECONOMIC DEVElOPMENT AIID PUBUC SERVICES 8BOUP DEPARTMENT OF PUBLIC" 'RKS FLllOOCOtmIOL' 61MS' RSllOIlALPMlS . SURYEYI. .1WISPORIlmOH . WASliSYSIEM KI!N A. MILLeR Director ct Public Works \0,., City of San Bernardino Development Services Department Attn.: Joe Bellandi, Associate Planner 300 North "0" Street San Bcnwdino, CA 92418 File #1 0(ENV)-4.0 I RE: NOTICE OF CO~1PLEnON, TENTATIVE PARCH. MAP NO. 15635 AND CUP NO. 01- 03 (EXTENDED STAY AMERICA RESIDENCE INN) Dear Mr. Bellandi: Thank you for giving the San Bernardino County Department oePublic Works the opportunity to fUrther comment on the above-referenced project. The project site is located at the intersection of W atennan Avenue and Vanderbilt Way and is adjacent to the Sanlll Ana River, a FIoocI Control District facility. According to the most 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 assumed that the City will establish adequate provisioDS for intercepting and conducting the accumulated drainage around or through the site in a manner which will not adversely affect adjaCCllt or downstream properties The Flood Control District recommends a minimwn building setback of lOO-feet from the Flood Control District's right-of-way. tit is acknowled"oed that drainage from the site will be directed to City stonn drains. If any encroachment on Flood Control district right-of-way is anticipated, a permit will be required from the District's Flood Control Operations Division. Permit Section. Other on- site or off.~ iinprovC\llC!lts may be.req<.Iii:ed which cannot be c!etcnr.ined at this time. We also recommend that the City enforce the most current FEMA floodproofing regulatioDS. c 2. 3. 4. 5. ~~y~ 0- '*' U1UH(~' I~ FRANK MOLINA, Senior Associate Planner Envirorunental Management Division FM:finlsBCicyn'.S63SCUP cc: Naresh Vanna KAMlPJM Reading File .:~:;.\. F. ;..:.:C:1t.E~~;-"; 7;~t'.$i~;~:"I;},: C~:..:".~.' ~-:'l?:j~~'5~:=.;~", ':':'!:~t~ ';:C::''1:;,. r.'~ $;,:-;.!::'".-:$C:S J::-:~ ~css :.~:..... ?C~7':";S , ::'~::::s.;-r~ ;:!:"a.~:6 1-U.NSB~;\3~;.:! ,.. ;:\:~ O!i::ri~ c !.SJ=;:S~!'!-: ::=:';~f lk~l:",:~st:':::::lt =.::::.::::~~; ;'2''-''~-:;:'r.::''!:-:'~ a:':: ,,'~-"'" ~......",..o:::~ .'7'-~',,,,, .;v~~ ~. :.::"':;';::"5 . ,.. . .. $~o:;.:.c: ~~'i:'-;';~ ~.t;!.: '=''3~',;'::: . . . . . . ... ?c~;"~-; =::s:::':~ , ..: ;-~_~ :t,(V!S ... _ _ . . . . . . . '::~~ ::.:!:::~.:~ - -- . .~_.- - - -" -- ---..- . "'O~ -.....:::J .....".g...g~Q...o"'g'" rM"-A ~"'7 w_ H. ttic;Icnx Pgency So..o.ota.7 ~BJvimrmenlaI F'rOIedIon~ September 7, 2001 -Department of Toxic Substances Control Edwin F. Lowry, DlrecIcr 5796 COrporaleAvenue C?'Press. Caifomia 90630 e ca GnIr DavIs GcMmIr" Mr. Joe Bellandl City rI San Bernardino 300 North "0' Stl1Jet San Bemardiro, CaliIOmia 92416 MITIGATED NEGATIVE DEClARATION FOR THE EXTENDED STAY AMERICA RESIDENCE INN - (SCH #2001081(63) Dear Mr. BeUandi: c The Department of Toxic Sub&tances. Control (DTSC) has receivlld your Negative Decl8Jalion (NO) for 1h~ above-menIioned Project. Based on 1t1e review of the document OTSC's comments are as follows: 1 ) The NO needs to idcnIify and determine whether c:urrcnt or historic uses have resulted in any n!I--"~ of hazardous wasfesfsubstances at the site. 4) The NO needs to idenlify any known or potentially contaminated site within the ( proposed ProP=d aree- The NO slates !hat -the si1e was an unrlCel13Cd Class III IandtiII conlaining 110,000 aJbic yards of Illegally dumped maIeriaIs. primariy cons1ruction waste, glass, aganic rnaterlals. lIl1!S, and metals and that it was ooveJed with 6011 in the past but Wll$ not l8I1IedIated or closed in conformance with klcol. lJl8te or ~eraI $lanclards. 111. iIJogaIlancIII has ltte potentIai to boIh release hazardous materiaI$ and eJCpOSe peogIe to hazardou8 h14b iBis. For all identilled sites. the NO needs to evaluate whether oondllIons at 1tle site poSe a 1hnIat to human heallll or 1he envirOntllel1t. The ND should identify the mecl18nism to initiate any required lnveetiQ&tion and/or remediation for any site that may require remecfllltiDn and the government agency to provide appropriate reguJaaxy oversight An envirOnmental assessment shotlld be ccnducCed at the site lD evalullt8 - whether the sile is CXlP1aminated with hazllrdous sub8Iance& from the patel dlaI past and current uses induOlIlg SlOraQe. transPOrt. aeneration. and dlsposa/ of 2) 3) _ft.sy~_Co/II:Im/O/$tNt e;.o.y~_*,_..nJ_ -....-__............ 1'or.6ftol...,._l'llfI_,....__....)IllIlI'_-.--~._.dlsc.Cl.IIOV. it PrinIIId (0'1 Recrded Paper ,-. '- __ _. .n_.. ---" __ ___.__. .'.u.-.-J -- '-- ------...-............. ~, , -- ----- .---- - ..-- .., , c Mr. Joe BelIandi Septeffiber7.2001 Page 3 c contaminated with sever.al ha;aaldaus substances.. The proposed project Is within 2,000 feet from a contaminaled site, therefore, the proposed d8llelopment may fall under the .Solder Zone of a ContamInated Property." Appropriate precautions should be taken prior to construction if the proposed projed Is on a "Border Zone Property: 11) The NO indicates that the property had previously been used as an ilegallandlIL A Oosure Plan is proposed wilh the capping or sealing of 1I1e I'1CrthIldy hlilIf wIIh geogrid fabric soil and asphalt In the southeIty sec;tion of the PfO.iecl siIe. The materials and debris would remain in !he ground in the northedy section. The NO also proposes that 70% of the material wi! be excavated and Is ~ to be SUilable for reuse on the site in combination with sea and fiB matsriaI. Further. the applicant plOpOSBS to <:lUSh it into small- pieces, as acceptable material fa I11III 1I1e site When plOperiy compaclecf. PulSuant iD the CaIIfom/a CocIe of Regulations. Tille 22. Section 66268.3, no generalDr, transporter, handfer, or owner or operator of a treatment. storage, or disposal facility shall In any W8'J dilute a restricted waste or the residual from treatment of a res1rid:ed wasIB as 8 substitute for adequate treatment to achieVe acceptable standalds. The 1reaIment rnea1IUTe proposed atfhe site, crushing and reusing 1he soil. i& a bm of dilution and that it is not ~ to DTSC. TherefOre, OTSC ....om...1da further assessment and a removaUremed/ation of the site.. Furtherremedlal action proposed such as capping shall be implemented after a RemedlaI InvesligationlFeasibility Study, which includes a Human Health and ! Environmental Risk Assessment After the risk as" .",,,em, if the proposed remedial measure is feasible. it may be implemented with !he applOll8l Of a regulafDry agency. TherefQre, proper ir\vo$tigalion 'and remedial actions shauJd be conducted at the site befOre initialing th~ activities. 12) If the proposed remedial aItema1ive is capping, institutional controls such as a -deed 'dOll i..tiool" on the property shoulcl be lDed ,with the COunty Recon1er"s oftlce. 13) The NO fails to address the remaining of the Hazards' section checklist Of the California Environmental Quality Ad. (CECA) which includes 1he foUowIng questions: . Would the project emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or wasI2 within one.quarter mle of an existing or proposed school? I"'~- W.....1cl tt>.. P"Ojec* be 1........b..J on a site which is included on a r.. of . hazardous materials llites complied pursuant to Government Code Section 65962.5 and, as a result, would it create a significant haz:an:liD '-' '. . ". .f.. c c - "- -...... ..., -..... ............ .c-""................" ..... .................. . ....::r.. .........::1 ......................................-.. ........- a, , Mr. Joe Belland! September 7, 2001 Page 4 the public or1he environment? For a project within an airport land use plan or, where such a plan has nat been aclopled, within two miles of a public airport or public uae aiJpaIt, would the prnject result In a safety hazard lOr people resi:llng or wodcing in the project aru? . For a project within the vicinity of a privale airatrip, 'NaJld 1he project reUt. In a safety hazard for people residing orworklng in the pmjeat .....7 . WOUld the project Impair i~latIon of or physically i4l.o.... wIh an <!dopted emergency response plan or emergeney evacuation plan? . Would the project elqXlSe people or s1nElures to a sfgnlftcant Jtsk of iDIS, Inp..y or death involving wildland fires, including wh_ wldlands are acfJ8Clll'll to urtlanil.ed areas or where residences are intermilced with wildlands? 1:3) A groundwater lnvestlga1lon may also beM("'$S~ry tleSed at 1he llaUeof on- site contaminants and the depth to !be glOUndwater. 14) If during revillionlconstrudion of1he project. soil and/or groundwaler contamination i$ "'~ slop revision otthe pennitloonstruclion in the.area and irq)lement appropriate HeaJIh and safety procoduroe. If it is debnhld \II8t contaminated llOiI and/or gRlUlldwater exiSt. the NO &hould idenlify how l1li)' , required invesligation andfor remediation win be lDl.!n..ted and which government ageney will pn:lVide appropriate regulall:lly 0V8ISight.. DTSC provides guidance for1he prerminary Endangennent Ass a ..a,t (PEA) preparation and cleanup oversight through the VoQ1t8ry Cleanup P'UVIatR (VCP). Also, DTSC is administering \he S85 mmlon Cleanup laall$ and EnvIronrnerIaI . a-nee to Neighborttoods (ClEAN). wliell provides Jow..irIterest loans to n. -"fI, and cleenup hazardous materials at properties where radeveIopment Is Illa!lyfO hIM 8 beneficial impactto a community. The CLEAN ~ is c:omprised of two '"*' components: low inlerest loans of up to $100.000 to c:onduct PEAs of underulililBd properties, and loans of up to $2.5 million for the cleanup !)I' removal of t.azardcxJs materials also at underutillzed urban properties. ll1ese loans are available 10 dewlopers, businesses. schools. and Iccal governments. c c ,-. I.- -....-.... ........0... &"C'OO..................... ..... ......_..... . ...::l'..O~CI.:I ..&J.<:lI....:o.............g....~"" Mr. Joe Bellandi September 7.2001 Page 5 r"r1I"-A ......, For additional infonnalion on the VCP or ClEAN program. please visit DTSC"a MIb_ at www.dtsc.ca.gav.lfyouwouldlil<efDmeetanddil;Ql$stlii$mallerfurther.pl. .... contact Ms. Rm1ia A. Zabaneh. Pluj~ Manager at {714} 484-5479. Sincerely, . ~aissam Y. SaIIoum. P.I:.. I. llnit Chief . SouIhem CaIifomia Cleanup Opel3t1ons Branch Cypress OIIice c:c:: Governor's 0lliCe of Planning and Research State Clearinghouse P.O. Box 3044 SaaamenlD. California 95812-3044 Mr. GuentherW. Moslcat, Chief Plaming and EnvirelnmeIltaI Analysis Section CEQA T'~19 Center Department afToxic ~J-"ces Conb'oI P.O. Box 806 Saclamento. Califgmia 95812-0806 I :.". c..,~ , ".- c c ~ <- OF SAN BE~'iARDINO DEVELOP:vIENT SERVICES INITIAL STUDY APPENDIX B LSA ASSOCIATES Letter dated November 5, 2001 (trapping report) Letter dated November 21, 2001 (critical habitat analysis) IS 36 L S A ., ONt.,^ . LAlA.. SUITE 500 laVINE, CALifORNIA 91614 r- 949-553.0666 TE. 949.553.8076 FAX OTHEa o..,.Cl.s: IllRKELIY PT. RICHMOND PT. COLLINS UYI.~SlDI aOCCLlN ,TES, INC. c November 5, 2001 Christine Moen U.S. Fish and Wildlife Service 2730 Locker Avenue West Carls bad, CA 92008 Subject: San Bernardino Kangaroo Rat Survey, San Bernardino, October, 200 I Dear Ms. Moen: c 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 of Waterman 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 (Sa/sola 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 ofthe five nights. All figures and tables are attached. ~ 11/1/01<<P:\GVS033Itrap.wpd)) PLANNINO EHVII.ONJl(J:NTA.L senNetS DUleN ....... c < -- . r LSA ,.S50CIATlS. l:<le. 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 maniculatus) 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. ---fl'/./ .... 7~ Richard Erickson Associate/Biologist ~~~ Leo Simone Biologist ----....... Attachments: Figure, Table A t 1I/I/O\((P:\GVS0l3\lrap.wpd)) 2 L,S^^SSOCIATE.:i. Ii'll: !IIUVI'.MDt:1l: llltll . r ~ c ,....-- Table A: San Bernardino Trapping Summary, October, 2001 (Capture Totals) Date ~ . I : ' j' , , , I ! , I ' I i I Oct. 16 i Od. 17 ! Oct. 17 i Oct. 18 . Oct. 18 i Oct. 19 'DeL 19 i Oct. 10 I ., I, p.m. I a.m. p.m.! a.m. p.m.! a.m. i p.m. ' a.m. Number ortraps checked 125 i 125 I 125 i 125 . ~.-. , I Species , I ! , I i ! ---1--- _ __~_ __ , ---.. --1- , Deer mouse 8 ! 17 I 12 ! 17 14 I 17 ; 5 7 , i ! ; Peromyscus manicu/alus , , , , I , I , ! I .. . I ! , I House mouse 2 I I 5 1 I i 3 I 1 3 ! I I I Mus musculus , , i , , I I Total Rodent CaDture, 10 I 18 i 17 I 18 I 14 I 10 I 6 I 10 I , ! ,- '- I Oct. 10 i Oct. 11 Total p.m. I I.m. , 125 625 ! 3 ; 5 105 I i 2 I 4 21 , i 5 I 9 117 PIGVSO)Jltrop.wpd ((1111101)) L S ^ FIGURE 1 t GNST On-Call Services Trapline Location "-.... SOURCE: EAGLE AERIAL -~-----_._- ---_._-_..__._.__._-~~ .------'. .-~-_.~----~-- 1:\GVSOJ3\Trapline.cdr (11/1/01) Nov-Z 1-0 I 04:10PIII Fro.-RIV Z 80mmZ4 T-850 P. 02105 F-154 LSA La... A.'.OCJ....T&I, INC. \C;SO li,aUC& STltt:.II", Sol/IT.. ,Oil alvsaUDt:, O^,"u'Q. "II" 9.51)7 YU!.l.18t.'310 ,.,u. 90,.711.4;1.71 UK OT"'" ",..'Bla" 1l1E..~n.sY II.VIN! 'T. COLLI.. "T. tlC.IUU'. aO'C&Ua c November 21, 2001 Joe Bellandi, Senior Planner City of San Bernardino Development Service Depamnent 300 Nonh "D" SlJ'eet San Bernardino, CA 92418 Subject; Extended Stay America Project Site - Propo.~ed Critical Habitat of the San Bernardino Kangaroo Rat Dear Mr. Bellandi: c LSA Associates, Inc. (LSA) prepared Ihis letter to address proposed critical habitat of the San Bernardino kangaroo rat (Dipodomys merriami parvus) (SBKR) on the 9.5-acre Tri Cities propcn:y. The Tri Cities Property is Ihe proposed site of the Extended Stay America hotel and is located ulbe northeast comer of the intersection of Vanderbilt Way and South Waterman Avenue in the Cicy of San Bernardino. The C.alifomia Department of Fish and Game (CDFG) submitted a eommentlcuer (dated September 5, 2001) to Ihe City of San Bernardino indicating thot the proposedcrilical habillt should be addressed as pan of the ongoing review of the proposed project. LSA is providing tbis Jener in response to the commen[.~ 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 not require mitigation. On December~, 2000. Ihe U.S. Fish and Wildlirc Service (USFWS) announced. in response lU a court order, its prop{Mal to designate nearly 55,408 acres as criticaJ habitat for lbe SBKR (Federal Register, Vol. 65, No. 237). TIle subject propcny is within the proposed "Unit 1 . Santa Ana River and San TImoreo Canyon" critical habitat area. The date foc final designation of SUKR crilical habitat is not specified in the Federal Register but is expected by the end of2001. The entire 9.'_ subject property is included within the proposed critical habitat Unit 1 which encompasscs 12.074 aercs. The remaining area of proposed critical habitat is distributed between five additional proposed units in San Blllllatdino and Riverside counties. In the Proposed Rule to designate critical habitat, the USFWS listed various criteria that they used in identifying potential critical habitat units. Four general qualitative criteria were identified wilh a focllS on designating specific habi14t units: (1) occupation by the SBKR; (2) the state of naturaJ processes that rejuvenate and maintain a suitable habitat; (3) the pre~ence of lands that function as upland refugia; and (4) the proximity of the a.rea to large n'acts of undeveloped land that are imponant for ....... 11f.!1/0IlR:IOVSO"C\SUKR C,ib<al Habitat .wJ'd) rL.uunNO YXV'IIt.QKX1.MT.'- .e~.~e&:. Itilu... Nov-21-01 04:11Pl11 FrOll-RIV 2 mmSQ" 1-150 P.03/05 F-I54 1.5" "~~CHlI"l"&lo, INC.. /- '- population txpansion, upland refugia, connectivity. providing buffers from development. perpetuation of ecosystem processes, and maintenance of a dY'lamic mosaic of vegetation. Specific application of the four criteria to thc conditions of the subject property is key to understanding that the project impacts to the propostd critical habitat of the SBKR are not significant. 1) Prese/lce"r abseflce of the Sa" Bernardino kangaroo rat Under USFWS Permit PRT - 777965. LSA conducted a small mammal trapping survey on the subject property. Trapping was conducted over five consecutive night' beginning October 16. 2001 and completed on the morning of October 21. 200 I. On each night, 125 ltaps were set for a total of 625 trap-niahts. The lnlpping effort followed applicable USFWS proUlCol. Two species were clpnm:d, deer mouse (Peromyscus manicu/aTlls) and house mouse (Mu.r musculus). Both are common species; neither arc listed as threatened nor endangered nor otherwise considered sensitive. The SBKR was not captured. and based on the results of this protocol survey the species is considered absent from thc site for planning purposes. 2) The state ,,/ natural processes that rejuvenate and maintllill suitllbk habitat c lhe proposed rule (Federal Register. Vol. 65, No. 237. p. 77184) identifies one Datural process. flooding, under this criteria. As is stated in the proposed rule to designau: critical habitat: Normal periodic flooding scours the terrain, removes vegetation, and deposits debris and soil (e.g.. sand) to regeneracc favorable conditions. Because the species appears to be adapted to more open habitat types (e.g., higher populations in open. versus closed-canopy shrob communities), the more open stale promoted by periodic flooding is essential for the conservation of the species. While the project site is adjacent to the Santa Ana River, it is separated from the river and the associated natural flooding process by the existing levee. The river is con~.uDed within the levees except in the largest of flood e"ents. Ihercrore, normal periodic flooding has been eliminated from the Site. 3) UpImul reJugia As is discussed above, the subject property is not occupied by SBKR which, based on the Proposed Rule. is a ley compoucnt if an area is to have value as an upland refugia. Further. the upland portions of the property do not support habitat(s) associated with upland refugia (alluvial sage scrub or associated vegetation. such as coastal sage scrub and chamise chaparral) as described in the Proposed Rule. The Proposed Rule (Federal Register, Vol. 65, No. '237. pp. 77179-77180) Uescribes '"refugia" as rollows: "- '"The 1.,esl (If marufl! phase "r :ill"vi..j ,"s" .crull i. ,a,..,ly "ffeeled by flooding lln<l wllppom the highe.st plant density (Smith 1980). The mature teIrdCCS and upland artlas adjacent to lIt:! lilll(RoIIWS033C1SBKR erilk.IIt"";'.1 .wpdl 2 Nov-21-01 0~:11po F'OI-RIV 2 . 90177989'. T-850 P.0~/05 F-15( L'A A"OCIAT1$, pm}. c thcm ~upporrin8 the oldest pha..e of..age ..crub provide an importantrefusia for San Bernardino kangaroo rat during flood events. Although malUre areas arc genercllly used less frequemiy or occupied (J/ lower densities than those supporting earlier phases. these areas are critical to the long-term survival of the species (i.e.. prevent extinction) by providing a source popula/ioll for recolonization following catastrophic flooding events in which kangaroo rats inhabiting lower areas nf the flood plain drown (McKernan petS. comm. 2000}." (EtIlph4lis added I The Proposed Rule (Federal Register. Vo\. 65. No. 237, p. 77 I 84) provides the following discussion of criteria that were considered in the proposed designation of critical habiulI: "We considered several qualitative criteria in the selection and proposal of specific area.~. or unit.~. for San Bernardino kangaroo rat critical habitat including: . . . (3) The presence of lands that function as upland rcfugia. The majority of lhe remaining populations of San Bernardino kangaroo rat arc constrained to flood plaiDS, where the)' am susceptible to extirpation during large-sCltle flood eventS. Occupied upland refugia arcas may act as population ..aurces for natural recolonization, thereby decreasing the probability of extinction of the species." [EmT,ha..is addeclJ c Vegetation of the subject propeny is limited to ruderal species such as annual grasses lII1d Russian- thistle (Salsola /ragu..). which is in a disturbed condition due to recent mowing. TIu:re is no alluvill1 fan sage scrub. coa.~tal sage scrub. or chaparral present on the site. It is concluded that due to the absence of SBKR from any portion of Ihe subject propen)' that the site dOes not function as a refugia. Further. due to the lack of alluvial fau sage scrub (AFSS), chapanal, or coastal sage scrub from the upland portions of the subject property. the site does not meet the Proposed Rulc's description of "upland rcfugia." 4) The pro:rimily of the 4rt4 to large tr4cts of undeveloped 1Iuul tIu1t are imponanz for population e:.cpalUion, upland refugiQ, connectivity, providing bulJerJ from development, perpetuation of ecosystem processes, and maint.nance of a dY7UJmic mosaic of vegeration. t'~ 10- The Tri Cities propeny is located within a developed commercial arClt lhal is subject to ongoing and continued developmeut. Large tracts of undeveloped land thaI n:maiu nlllUby are limited to the channel of the Santa Ana River. While the river itself may function as critical habitat for the SBIeR. the subject property and nearby lands are developed anti dislurbed to such a degree that they are DOt suitable or DOl importanl for population expansion, upland refugia. connectivity. perpetuation of ceosystem processes, or maintenance of a dynamic mosaic of vegetation. The sire may provide some value as il buffer between lhe river and development to the south. Howevllf, since there is exteDsive ckvelopmcnl adjacent to lhe river both up and down stream of the subject property. the site provides very liule. if any. value as a buffer. Further. due to the relatively small si1.0 of the sile (9.5 acres) and limited extent of undeveloped land nearlly. the ,j te cannot he con.idered as a large tract of land providing a buffer from development. 11111IOhR;\c:V!;033C\.C;RKR Criri':31 H:\hilill ,wpd) 3 '- c c Ncy-Zl-01 04: IIPIl FrclI""RIV Z f-8S0 P.OS/OS F-154 mmm L'^ ^~SOC:I...T"S. Il'H::. In summary. it is the conclu.~ion of LSA that it is nOI appropriate 10 consider project impllCtS 10 proposed critical habitat to be significant undcr CEQA, as the site provides virtually no valllC as critical habitat. This conclusion is based on the criteria set forth in the Proposed Rule 10 designace critical habitat for the SBn (Federal R.:gister. Vol. 65. No. 237). The subject property is Dot occupied by the SBn Natural processes that rejuvenate and maintain suitable habitat (i.e.. nannal periodic flooding) have been eliminated from the site. The property does not provide values liS an upland refugill. Finally. the site is not pan of large tracL~ of undeveloped land that are imponant 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.:rvlltion of the species." Should the final critical habitat designation (expected in December 2001) include the subjcct P'Oy.my, the information and conclusions presented above would still be valid and applicable. Please contact Jack Easton at (909) 781.9310 iF you require additional information. Sincerely, LSA ASSOCIA T , INC. -...' .,.-, RElIJiBJi:lSC'E!o:."...... ., U.S~!llIl{W.udlifc ScrYice. December 8. 2000. Endangered and Threaa.,'ned Wildlife and Plants; l'roposed Determination of Critical Habitat for the San Bernardino Kangaroo Rat; Proposed -'RfJre~..'lfea:Reg:. Vol. 65. No. 237. ee: ~g;m:.t.'Ibamas.". B.P _California Alice" WQJlg..Gr~$h;UU, Savage, Nolan & Tilden ~'~ '. ~, 111211011Jb()vSOJJ(:\.~IIKR CriticoJ Hobi,.. .~"") 4 . ATTACHMENT "F" CONDITIONAL USE PERMIT 01-03 MITIGATION MONITORING/REPORTING PROGRAM This Mitigation Monitoring and Reporting Program has been prepared to implement the mitigation measures outlined in the Environmental Assessment for Conditional Use Permit 1- 03. This program has been prepared in compliance with the California Environmental Quality Act (CEQA) and the State and City of San Bernardino CEQA Guidelines. CEQA Section 21081.6 requires adoption of a monitoring and/or reporting program for those measures or conditions imposed on a project to mitigate or avoid adverse effects on the environment. The law states that the monitoring or reporting program shall be designed to ensure compliance during project implementation. The Mitigation Monitoring and Reporting Program contains the following elements: 1. The mitigation measures are recorded with the action and procedure necessary to ensure compliance. The program lists the mitigation measures contained within the Initial Study. 2. A procedure for compliance and verification has been outlined for each mandatory mitigation action. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported. 3. The program contains a separate Mitigation Monitoring and Compliance Record for each action. On each of these record sheets, the pertinent actions and dates will be logged, and copies of permits, correspondence or other data relevant will be retained by the City of San Bernardino. 4. The program is designed to be flexible. As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program. If changes are made, new monitoring compliance procedures and records will be developed and incorporated into the program. The individual measures and accompanying monitoring/reporting actions follow. They are numbered in the same sequence as presented in the Addendum to the Initial Study. DCA No. 01-02, CUP No. 01-03, TPM No. 15635 Hearing Date 2/19102 Page 2 MITIGATION MEASURES Earth Resources 1. The project proponent shall, prior to the issuance of grading permit, receive approval of a PMlO management plan from the Public Works Division. IMPLEMENTATION AND VERIFICATION The Public Works Division shall review and approve the PM10 management plan before it issues a grading permit. COMPLIANCE RECORD Plans shall be on file in the Public Works Division. WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: 2. Areas to receive compacted fill shall be stripped of all landfill debris until a firm unyielding native material subgrade is exposed and evaluated by a geotechnical engineer. 3. No structure shall be constructed within 100 feet of the northern boundary on any portion of the entire 9.1 acre site unless approved by the San Bernardino County Flood Control District, or within 15 linear feet from any portion of the site which still contains landfill debris 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. 4. All grading plans for any project on the 9. I-acre site shall show the location of the 100 foot restricted development zone and the limits of any left-in-place landfill materials. 5. All removal of illegally dumped waste, and all importation of fill material shall be undertaking under the supervision of a qualified geologist. 6. A qualified Registered Environmental Assessor or similarly qualified hazardous materials specialist shall be on-site during any and all removal of any material DCA No. 01-02, CUP No. 01-03, TPM No. 15635 Hearing Date 2/19/02 Page 3 from the project site. Such specialist shall be empowered to stop or divert any earth moving activity on the site should he or she suspect or identify hazardous materials on the site, until such time as appropriate testing and handling methods have been completed. IMPLEMENTATION AND VERIFICATION The Department of Public Health, Local Enforcement Agency shall approve all remediation activities and inspect as required by law. COMPLIANCE RECORD Plans shall be on file in the Department of Public Health, Local Enforcement Agency. WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: 7. Under the building footprint for the Extended Stay America Hotel, a uniform layer of fill will be placed under the entire building footprint and extending to a distance of at least 15 feet beyond the exterior footing line. S. Any concrete rubble to be excavated and reused on-site shall be inspected for metal rebar, and/or other reinforcement materials. All such reinforcements shall be removed and disposed of at a licensed facility. 9. Any concrete material to be excavated and reused on-site shall be mechanically reduced in size not to exceed S inches in the largest dimension. 10. Prior to the placement of any fill along the left-in-p1ace debris, the excavation will be surveyed for horizontal and vertical line and grade. 11. Once the survey is complete, a geogrid fabric will be draped over the left-in- place debris, and will extend 5 feet horizontally from the toe south boundary of the debris. The geogrid fabric will be anchored at the top of slope in such a fashion as to allow the fabric to be adjusted once fill material is placed next to it, to release tension. 12. Loose fill will be placed over the geofabric and moisture conditioned and compacted. Only rubber tired compaction equipment shall be used in the vicinity of the geofabric to prevent its being damaged. DCA No. 01-02, CUP No. 01-03, TPM No. 15635 Hearing Date 2/19102 Page 4 13. Fill materials in the excavated area should have no particles greater than 8 inches in the largest dimension, and be placed in lifts no greater than 12 inches thick below 3 feet from finished grade, and have no particles greater than 4 inches in the largest dimension, and be placed in lifts no greater than 6 inches thick within 3 feet of finished grade. The fill material shall be moisture conditioned as needed, and recompacted to a minimum of 90 percent of the maximum dry density, based on ASTM DI557 Test Method. 14. At a minimum, the upper one foot of exposed native subgrade soil should be moisture conditioned to near optimum moisture and recompacted to a minimum of 90 percent of the maximum dry density, based on ASTM D1557 Test Method. 15. The boundary of the restricted development zone shall be recorded and all development within that zone restricted in perpetuity through an appropriate instrument to be ftled with the County Recorder's office and made part of any deed for any portion of the property. IMPLEMENTATION AND VERIFICATION The City Engineer shall inspect grading plans to ensure that fill meet these specifications. COMPLIANCE RECORD Plans shall be on file in the City Engineer's office. WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: 16. Under the building footprint for the Extended Stay America Hotel, the site shall be excavated until stable native soil is uncovered, and backfilled with engineered fill to a distance of at least 15 feet beyond the exterior footing line. 17. Engineered fill for the Extended Stay America project should be composed of non-expansive granular material with a plasticity index less than 10 and a UBC Expansion Index less than 15. Fill should be free of rocks and clods greater than 4 inches in diameter for the first 3 feet, and 8 inches in diameter below 3 feet DCA No. 01-02, CUP No. 01-03, TPM No. 15635 Hearing Dale 2/19/02 Page 5 from fmished grade. All engineered fill shall be submitted to the soils engineer for approval at least 48 hours prior to delivery to the project site. 18. Fill below 3 feet from fmished grade should be placed in lifts of 12 inches thick, moisture conditioned as needed, and compacted to a maximum density of at least 90 percent, as determined by ASTM 01557 Test Method. Fill within 3 feet of finished grade shall be in lifts of 6 inches, moisture conditioned as needed, and compacted to a maximum density of at least 90 percent, as determined by ASTM 01557 Test Method. 19. All exterior grades shall slope away from the structure a minimum of 2 percent for a minimum distance of 5 feet from structures. 20. Shoring or sloping back trench sidewalls will be required for all trench wall excavations on the site. IMPLEMENTATION AND VERIFICATION The Public Works Division shall inspect grading plans to ensure that fill meet these specifications. COMPLIANCE RECORD Plans shall be on file in the Public Works office. WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: 21. A topographic survey of the landfill shall be completed at the completion of closure activities. Differential settlement shall be tracked with an initial settlement survey by ground, performed following closure construction. An ISO-settlement map shall be prepared every five years thereafter. The project proponent shall maintain security, in a form approved by the City of San Bernardino, for the completion of the settlement map in perpetuity. IMPLEMENTATION AND VERIFICATION DCA No. 01-02, CUP No. 01-03, TPM No. 15635 Hearing Date 2/19/02 Page 6 The Department of Public Health, Local Enforcement Agency shall inspect survey plans to ensure that they meet these specifications. COMPLIANCE RECORD Plans shall be on file in the Department of Public Health, Local Enforcement Agency office. WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: 22. In order to mitigate for the potential for liquefaction on the site, the project proponent shall include either geogrid, stone columns, a structural slab system, compaction grouting, or a deep foundation system in the building's structural design. The proposed mitigation measure used shall be fully detailed to the satisfaction of the City Engineer and Building Department. No building permit shall be issued until such time as the Building Department has approved the structural engineering plans for the proposed project. 23. Prior to the issuance of grading permits, the project proponent shall provide the Building Department with a detailed liquefaction potential report, which identifies the depth to groundwater, and analyses the impacts of excavation and grading on the project site. Recommendations shall be provided which include dewatering, densification techniques for proper soil compaction, and other measures as may be deemed necessary by the consulting geologist. No grading permit shall be issued until such time as the Building Department has approved the liquefaction study. 24. Flexible connectors shall be incorporated into all utilities within the project parking lot(s). IMPLEMENTATION AND VERIFICATION The Building Department shall review and approve the building plans prior to issuance of a grading permit. COMPLIANCE RECORD DCA No. 01-02, CUP No. 01-03, TPM No. 15635 Hearing Date 2/19/02 Page 7 Plans shall be on file in the Building Department. WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: DCA No. 01-02, CUP No. 01-03, TPM No. 15635 Hearing Date 2/19/02 Page 8 IV. Water 1. All areas of the site located north of the 100 foot restricted development zone or underlain with landfill material, as mapped in the Post Closure Land Use Plan, shall be capped with soil, and overlain with asphalt, as required by the Plan. 2. No structure or facility shall break the cap within the restricted development zone, including swimming pools and spas, sunken tennis courts, or other hotel amenities that might be proposed. These shall be located south of the restricted development zone. 3. The development of the parking lot for the Extended Stay America project, and any parking on the balance of the property, shall occur over the required landfill cap. The final plans for the Extended Stay America project shall demonstrate that landscape areas on the west, north and east of the property, within the restricted development zone, shall be constructed over the cap, with a minimum of 3 feet of topsoil to ensure healthy landscaping growth. 4. All landscaping planned for the restricted development zone shall be shrubs, groundcover, or other small rooted plants that shall not risk penetrating the landfill cap. 5. All landscaping areas on the west, north and east perimeter within the restricted development zone shall be drained so as to ensure that all excess watering shall drain to the south, and into approved City drainage system. 6. All trees proposed in the conceptual landscaping plan for the restricted development zone shall be relocated to other areas of the site, outside the restricted development zone. Trees planned for the southern half of the site shall be planted at least 10 feet from the boundary of the restricted development zone. 7. All parking lot fixtures, including light standards and landscape islands, and any other fixture requiring footings, shall be designed and constructed to ensure that the fixture or facility does not in any way pierce or damage the asphalt landfill cap. IMPLEMENTATION AND VERIFICATION Public Works Department shall conduct on-site inspections throughout the construction process. COMPLIANCE RECORD Inspection records to be kept on file in Public Works Department. DCA No. 01-02, CUP No. 01-03, TPM No. 15635 Hearing Date 2/19/02 Page 9 WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: V. Air Quality 1. The project proponent shall ensure !hat construction equipment shall be properly maintained and serviced to minimize exhaust emissions. 2. Individual PMIO Management Plans shall be required for !he closure plan and !he construction of !he hotel. 3. Trucks waiting to be loaded or unloaded during implementation of !he Post Closure Land Use Plan shall not be left to idle for more!han 10 minutes. 4. The project proponent shall ensure !hat existing power are utilized where feasible via temporary power poles to avoid on-site power generation. 5. The project proponent shall ensure !hat construction personnel be informed of ride sharing and transit opportunities. 6. The project proponent shall ensure that any portion of !he site to be graded shall be pre-watered to a depth of three feet prior to !he onset of grading activities. 7. The project proponent shall ensure !hat watering of !he site or other soil stabilization method shall be employed on an on-going basis after !he initiation of any earth moving activity on !he site. Portions of the site !hat are actively being graded shall be watered regularly during !he work day, and shall be watered at !he end of each work day. 8. The project proponent shall ensure !hat all disturbed areas are treated to prevent erosion until the site is constructed upon. 9. The project proponent shall ensure !hat landscaped areas are installed as soon as possible to reduce !he potential for wind erosion. 10. The project proponent shall ensure !hat SCAQMD Rule 403 is adhered to, insuring !he clean up of construction-related dirt on approach routes to !he site. 11. The project proponent shall ensure !hat all grading activities are suspended during first and second stage ozone episodes or when winds exceed 25 miles per hour. All buildings on the project site shall conform to !he standards included in Title 24 of !he Uniform Building Code. IMPLEMENTATION AND VERIFICATION DCA No. 01-02, CUP No. 01-03, TPM No. 15635 Hearing Date 2/19/02 Page 10 Public Works Department shall review and approve PMIO plan, and shall inspect construction activities. COMPLIANCE RECORD Plans and inspection records to be kept on file in Public Works Department. WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: DCA No. 01-02, CUP No. 01-03, TPM No. 15635 Hearing Date 2/19/02 Page 11 VI. Transportation and Circulation 1. The project proponent shall contribute his fair share to the intersection improvements at Waterman Avenue and Hospitality Lane. 2. The project proponent shall modify the existing traffic signal at Waterman Avenue and Vanderbilt Way to provide westbound to northbound and northbound to eastbound right turn overlap phasing. 3. The project proponent shall widen Waterman Avenue adjacent to the property line to its ultimate right of way to accommodate dual southbound left turn lanes on Waterman Avenue at Vanderbilt Way. 4. The project proponent shall pay the Traffic System Fee imposed by the Public Works Division. 5. Sight distance at the project driveways should be reviewed to ensure conformance with Caltrans/City of San Bernardino standards prior to the issuance of grading plans. 6. A stop sign shall be installed with pavement markings for motorist exiting the project driveway onto Vanderbilt Way. 7. The project proponent shall install sidewalks on Waterman Avenue and Vanderbilt Way along the entire frontage of the Extended Stay American property, and a pedestrian access ramp at the northeast corner of Waterman Avenue and Vanderbilt Way, in conformance with City standards. IMPLEMENTATION AND VERIFICATION Public Works Department shall review and approve all improvement plans, and shall inspect construction activities. COMPLIANCE RECORD Plans and inspection records to be kept on file in Public Works Department. WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: DCA No. 01-02, CUP No. 01-03, TPM No. 15635 Hearing Dale 2/19/02 Page 12 IX. Hazards 1. The Post Closure Land Use Plan shall be completed and all permits and requirements satisfied prior to the recordation of the Final Parcel Map. 2. A Registered Environmental Assessor (REA) or equivalent qualified professional shall be on-site during all excavation activities. The REA shall inspect debris as it is removed, and shall have the authority to stop excavation or redirect it to another portion of the site, should any material be excavated which requires further investigation. Should further analysis be required, all such analysis shall be conducted using best management practices and the most up to date standards for review, analysis and removal. All such activities shall be properly documented, and submitted to the appropriate agencies for review and approval. 3. All landfill materials south of the restricted development zone shall be excavated and separated into reusable fill and unsuitable material designated for offsite disposal. Concrete and asphalt will be separated for use in conjunction with soil for use as engineered fill on the site. 4. All excavated landfill materials, whether reusable or unsuitable, shall be sampled and tested for the presence of chemicals or metals, and shall be designated hazardous or non-hazardous. All testing methodology and reporting shall be in conformance with those established in the approved Post Closure Land Use Plan. 5. All unsuitable materials, including wood, steel, piping, plastics and other materials shall be transported by a licensed hauler to a licensed Class III waste facility. Any materials determined to qualify for disposal in a Class I or Class II landfill shall be transported to such a facility by a licensed hazardous waste hauler. 6. Verification of the amount of fill removed and the limits of the remaining material will be undertaken on-site during grading of the site, after completion of excavation activities. 7. Prior to the placement of any fill on the excavated portion of the site, the native soil shall be tested for chemicals, as detailed in Section 4.17 of the approved Post Closure Land Use Plan. S. Within the restricted development zone, a soil cap of 4 feet in depth will be installed, moisture conditioned, and recompacted over a 1 foot foundation layer, as required in the Post Closure Land Use Plan. The soil will be recompacted to 90 percent of the maximum dry density, based on ASTM 01557 test methods. 9. The entire restricted development zone will be capped with asphalt, to a thickness determined in the approved Post Closure Land Use Plan. DCA No. 01-02, CUP No. 01-03, TPM No. 15635 Hearing Date 2/19/02 Page 13 10. The approved Emergency Response Plan shall be maintained at the site during the closure and post-closure maintenance period. A copy of the Emergency Response Plan shall also be provided to the Fire Department. 11. All equipment used on the site shall be cleaned and decontaminated in conformance with the standards included in the approved Post Closure Land Use Plan. IMPLEMENTATION AND VERIFICATION The Department of Public Health, Local Enforcement Agency shall review and approve all plans, and shall conduct inspections as required by law. COMPLIANCE RECORD Plans and inspection records on file at the Department of Public Health, Local Enforcement Agency. WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: DCA No. 01-02, CUP No. 01-03, TPM No. 15635 Hearing Date 2/19/02 Page 14 X. Noise 1. All construction and landfill closure activities shall be limited to the hours of 7 a.m. to 7 p.m., Monday through Friday, except to correct an emergency or issue which has been demonstrated to be for the public health and safety. 2. Blasting or the use of explosives on the site to reduce the size of the reusable concrete is expressly prohibited. 3. All construction vehicles shall have mufflers, and be maintained in good operating order at all times. No vehicle repair shall be permitted at the project site. 4. Trucks waiting to be loaded or unloaded during implementation of the Post Closure Land Use Plan shall not be left to idle for more than 10 minutes. IMPLEMENTATION AND VERIFICATION Public Works and Building Department to conduct inspections during construction process. COMPLIANCE RECORD Inspection records on file at the Public Works and Building Department offices. WRITTEN VERIFICATION PREPARED BY: DATE PREPARED: DCA No. 01-02, CUP No. 01-03, TPM No. 15635 Hearing Date 2/19/02 Page 15 XI. Public Services All scrap metal and tire discards shall be directed to permitted recycling facilities rather than a landfill in compliance with CA Public Resource Code sections 42170 and 42861. 2. All efforts shall be made to reuse a maximum of the remaining inert materials for fill on site. 3. All inert materials in excess of reuse on site shall be diverted to an inert materials recycling facility and not landfilled. 4. All remaining mixed wastes shall be disposed of at a permitted sanitary landfill. 5. If City hauling services are not used, copies of all weight tickets for materials disposed off-site from the landfill closure, whether at a landfill or a recycling facility, shall be provided to Public Services within fourteen calendar days of the date of each ticket, attention Commercial Waste Reduction Coordinator. 6. The applicant shall be required to complete an Integrated Waste Management Survey for the site preparation activities. ATTACHMENT G GRESHAM, SAVAGE, NOLAN & TILDEN, LLP A REGISTERED LIMITED LIABILITY PARTNERSHIP LAWYERS_FOUNDED 1910 FOR THE FIRM: Mark A. Ostolch e-mail: mark@l!:snt-Iaw com 600 N. ARROWHEAD A VENUE, SUITE 300 SAN BERNARDINO, CALIFORNIA 9240 1.1148 (909) 884-2171. FACSIMILE (909) 888-2120 www.greshamsavage.com WILLIAM GUTHRIE (i886-1947) DONALD w. JORDAN (1907-1989) JOHN B. LONERGAN (RETIRED 1976) February 14,2002 Honorable Planning Commissioners Planning Commission of the City of San Bernardino 300 North "D" Street San Bernardino, California 92418 Re: Development Code Amendment No. 01-02, Tentative Parcel Map No. 15635 and Conditional Use Permit No. 01-03 Honorable Planning Commissioners: On February 19, 2002, you will be considering Development Code Amendment No. 01-02. Concurrently, you will be considering Tentative Parcel Map No. 15635 and Conditional Use Permit No. 01-03, The purpose of the Development Code Amendment, the Tentative Parcel Map and the Conditional Use Permit are, among other things, to permit the development and operation of a 105-unit extended lodging facility operated by Extended Stay America, the leading provider of extended stay facilities in the United States. ESA operates approximately 433 properties (approximately 45,977 rooms) in the United States and is pleased to add the proposed San Bernardino facility. DCA No. 01-02 is necessary for the development and operation of the San Bernardino property, because it permits extended lodging facilities in certain limited areas of San Bernardino, including the subject site located at the northeast of Waterman Avenue and Carnegie Drive. While ESA is extremely pleased with the courtesy and professionalism of your staff in processing its applications through the planning process, DCA No. 01-02 contains a few provisions applicable to extended lodging facilities which are inconsistent with ESA' s standard operating practices. ESA is hereby requesting your consideration in modifYing those definitions. Most of the requested modifications are necessary to permit the San Bernardino property to operate in a manner consistent with ESA's philosophy - developing and operating properties which meet the demands of its guests and which omit unwanted facilities and services, in order to pass the savings on to its guests in the form of competitive room rates, 1. Maximum Length of Stay, By definition, in DCA No, 01-02, extended lodging facilities involve stays of less than 30 days. Although approximately 94% of ESA's guests stay less than 30 days, approximately 6% stay more than 30 days. Riverside Office. 3403 Tenth Street, Suite 518, Riverside, CA 92501 . (909) 684.2171 . Facsimile (909) 684-2150 Victorville Office. 14350 Civic Drive, Suite 120, Victorville, CA 92392. (760) 243-2889 . Facsimile (760) 243-0467 GRESHAM, SAVAGE, NOLAN & TILDEN, LLP Mark A. Ostoich Honorable Planning Commissioners February 14,2002 Page 2 Accordingly, to accommodate this segment of ESA's business, we are hereby requesting that DCA No. 01-02 be revised to delete the maximum length of stay. 2. Meetin~ Space. As drafted, DCA No. 01-02 (paragraph 2.b of Initial Study) requires extended lodging facilities to provide at least 12-square feet of meeting space for each guest room. ESA's current development format includes no meeting rooms. Although meeting rooms have been provided in facilities previously developed by ESA, it has become clear that ESA's guests do not demand onsite meeting space. Accordingly, in order to avoid the development of facilities which will not be used by ESA's guests, we are hereby requesting that the requirement for a minimum of 12-square feet of meeting space for each guest room in an extended lodging facility be deleted. 3. Pool Facilities. DCA No. 01-02 (paragraph 2.c of Initial Study) requires extended lodging facilities to provide recreational facilities such as a pool, whirlpooVspa and fitness room. Although pools have been provided in facilities previously developed by ESA, it has become clear that ESA's guests do not demand recreational facilities. Accordingly, in order to avoid the cost of providing facilities which ESA's guests do not demand, we are hereby requesting that the requirement for recreational facilities in an extended lodging facility be deleted. 4. Courtesy Lounge. DCA No. 01-02 (paragraph 2.d of Initial Study) requires extended lodging facilities to provide a "guest courtesy lounge" for light meals and snacks (including vending machines). Because ESA provides fully equipped kitchenette facilities in its guest rooms, its guests do not demand lounge facilities. Please note, however, that ESA does provide vending machines in laundry room areas, for items that may be required on an emergency basis (i.e., laundry soap, toiletries and food). Accordingly, because ESA's guests do not demand lounge facilities, we are hereby requesting that the requirement for lounge facilities in extended lodging facilities be deleted. 5. 24-Hour Onsite Manager. DCA No. 01-02 (paragraph 2.e of Initial Study) requires extended lodging facilities to provide a 24-hour per day onsite manager. Although onsite personnel trained to assist guests as required (including late check-in, etc.) are present on a 24-hour a day basis, ESA properties close their front desks between 11:00 p.m. and 7:00 a.m., during which period the onsite managers leave the premises. Accordingly, we are hereby requesting that the requirement for a 24-hour per day onsite manager be clarified to require only the presence of "hotel personnel" on a 24-hour a day basis. 6. Housekeeping Services. DCA No. 01-02 (paragraph 5 of Initial Study) requires extended lodging facilities to provide daily cleaning and linen service. Because GRESHAM, SA V AGE, NOLAN & TILDEN, LLP Mark A. Ostoich Honorable Planning Commissioners February 14,2002 Page 3 ESA's typical guests stay for an extended periods of time, they generally do not wish daily housekeeping services and are satisfied with ESA's standard practice of weekly housekeeping services. For those that require daily housekeeping services, ESA provides daily service at an additional cost. As information, approximately 80% of ESA's guests choose weekly housekeeping services. Accordingly, we are hereby requesting that the requirement of daily cleaning and linen service be clarified to require that cleaning and linen service in extended lodging facilities be available on a daily basis, but not be required on a daily basis. Thank you for your consideration of ESA's requests and we look forward to a successful completion of the planning process. Very truly yours, cmtL~ Mark A. Ostoich, of GRESHAM, SA V AGE, NOLAN & TILDEN, LLP MAO/pmj cc: Allyn F. Taylor, Extended Stay America N :\E266\OOO\Ltr\Planning Commissioners.02.doc 1 ORDINANCE NO. 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 19.02.050 (DEFINITIONS) AND CHAPTER 19.06 (COMMERCIAL 3 DISTRICTS) SECTION 19.06.020, TABLE 06.01 (pERMITTED USES), TABLE 06.03 4 (SPECIFIC S NDARDS), AND SECTION 19.06.030 (DEVELOPMENT STANDARDS) OF THE SAN RNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) TO 5 MODIFY TEXT ATED TO DEFINITIONS, REQUIREMENTS AND STANDARDS 6 FOR HOTELS, MOT S, AND EXTENDED LODGING FACILITIES. 7 8 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 9 SECTION I. Chapter 19.02, Section 19.02.050, Definitions and Chapter 19.06, Section 10 19.06.020, Table 06.01 (C), and Table 0.06.03, and Section 19.06.030 (2) (Z) of the 11 Municipal Code (Development Code) an~ amended to add definitions and modify tables and 12 text related to Hotels, Motels, and Extended\Lodging Facilities requirements and standards as 13 14 15 16 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 thereof, or any application thereof to any person or circ.llmstance, is for any reason held to be 17 unconstitutional or otherwise invalid or ineffective by any court of competent jurisdiction on its 18 19 20 21 22 23 24 25 26 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 arty 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 bee~cluded herein. \ \ IIII IIII 27 IIII 28 ~iJ " ~~ 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 19.06.030 (DEVELOPMENT STANDARDS) OF THE SAN BERNARDINO MUNICIPAL 3 CODE (DEVELOPMENT CODE) TO MODIFY TEXT RELATED TO DEFINITIONS, I 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 8 9 meeting thereof, held on the day of , 2002, by the following vote to wit: ABSENT ABSTAIN Countil Members: AYES NAYS 10 11 LIEN 12 13 14 ESTRADA MCGINNIS DERRY 15 SUAREZ 16 17 18 MCCAMMACK ANDERSON 19 20 21 22 23 24 25 Approved as to form and legal content: 26 JAMES F. PENMAN 27 City Attorney 28 By: ~~'/J ? .p~ C City Clerk day of The foregoing ordinance is hereby approved this 2002. JUDITH V ALLES, Mayor City of San Bernardino 2 EXHIBIT A 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-l land 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. 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. 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 commencement 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 1 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. Utility Easement New Streets Existing Street 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 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 charged. Individual licensed vendors shall be permitted to engage in sales of either new or used merchandise. MC 825 3/17/92 1-13 3/01 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. M C 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 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. 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 1093 4/4/01 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 structure which conformed to applicable laws when constructed but does not conform to the provisions of this Development Code. Nonconforming, Illegal. 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. 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 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 norma1ly 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. 1-18 3/01 I", UN U '" U- U =: .U I ! I~ " ~'" U ~N U ~- U "eo U- " "", U 00 f;r;l 00 " N ;;;;U ~ ,_, " V> E: U;::; E-o - ~'8N f;r;l g.. 0_ ""U o E-oZ ooU - ...l 00 E-o U ; E-o 00 - ~, ...l' <I 01 &SI ~i ~i 81 ~I ~, =1 ~i ...l! CCl < E-o U U U U U uU U U U UUUI UU >- E-< :> t::: U -< '-'l '" ::> o Z -< ....l ~- ._ C ]~ 8 .8 .i 'E " G.l .... v.J ;; "'C 0 ~.... 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Q. ~ B C " u ~ -g' "0 Nag:: 2l0\"=to:::t[:::: ~:::;~~- ON'::f"NN i'N~~- --MNlr) 'o~~~8 .=000000....- guuuu "'~~~~ I- <'l '" '<I" ..... ..- '" ;;, ~ 00 '" o '" U ~ N CITY OF SAN BERNARDINO INTER-OFFICE MEMORANDUM ~ TO: J ames 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. c 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 time from 1997 to today's date. She advised the information would be available as soon as Wednesday, March 13,2002 I advised that Investigators from our agency would respond for 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 A.'1alyst, Christine Charley, and business phone number(909-590-5S76). 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(S) 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. c Investigators Gcnthier and Schwenka will follow up Ontario Police Department. () \&~.---, , . ~ '-k?'~ ...-? /James Goddard . JG:tbm[Stay.Mem] ~>'-/. . ";6,, J!,f/J 2.. -.I-F "- .,S'! ,.. WOo ,w...... rt c .cHI i.r:.,,'/0.:1.,'1 ~r'1:,\.;,~. :, "."':"'" '\. ~;'f'$J::~'" :"':'~"'\i"..;~,~"t\ :~'~'~,-.':""'~;J;.;'''::'' ,:~' ':';;.~ ',""" 'f~"':'l.: .......... ..., ...,::, :~ .~. "~~"~~"'t~,'" ~:i ~i.;t:..vl:[0~~';:,.J ');.:.:i ,..;,,?;-r~~c'''''Ej, }\j" . ~ Yo ."..",~..J'!J '" ._...~........' ;... ....,.~,.A~"._.'R ,.' """."/ I~\'\"":"~'<LJ~''''''';.~''J' -i\\~' "l-.f Wi,. .. .c:;;-<:;.... l!,P,', .',.Jfj.... o_~ :.~:.~.., ;~;~l..,(~ ~ :~:fr..:,~ o"~' 0'_'';;'''' ~~~~I~~;6iJ' 13250 Central Ave.. Chino CA 91710 (909) 590-5540 Fax (909) 590-0564 FAX TO: '.:]\ m C:l::c\~ 384-'Sd~ ~ FAX#: PAGES: Ch(,"6~;ru.....('Y-lJ.J...\eo r )i(D..~ An~ '31 \ d- lord-- ~ FROM: DATE: MEMO: r?\~ c..~ \'VU..... cd- (qo~) 59D - SSl~ v...)i m ~ t~\-i'L'iYLO, ~o....\f\.Y-, ~'LA. c ConfidcntiaJiry notice: The: material transmitted herc=in is inlehdcd only for me: dse of the add~ end mlY to:Ontaln lnformldon thal consulutes wotk produa, or is $LIbjcet 10 attontey.climt privilcl'o or is con6dcndl1 and excmpC uom disdosure under applicable IIW, Disscmination, distribution, or copyinl& or dill communicatiOfl or reliance upon iu contents iJ strictly prohibited. If you have received this communiwion in t:JTOr, plca$t: notify us immediately by telephone II1d mum the original co us via the: U.S. POItII Service. - I '- City of Chino Police Department MEMORANDUM Office oflhe Chief of Police Eugene J. Hernand~z 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 Vandalisms Forgery Suspicious Circumstances Carjacking Traffic Calls I"""'''''' \- .. We. tlte members of the Chino Police Deparcmelll, ure dedicated to the safetv of aliI' community through teamwork and problem-soh'ing partllerships; providing e,>:cellel/t sen'ice with dignity and respect. " .' --- \...-. 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 stats: 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 stated 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 registrant that are registered at that location. c r '-' .. We. the members of the Chino Police DepClrtmetlt, are dedicated ro the safe~v of Ollr community through teamwork a/ld problem-solving partnerships; providing excellent sen'ice with dignify and respect. .. '- CITY OF SAN BERNARDINO INTER-OFFICE MEMORANDUM FROM: James Penman, City Attorney Ron Scbwenka, Investigator.d TO: DATE: Marcb 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 SS calls for service per year. Most of the calls 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. l.. See attached crime analysis document. '- Il~:t.... >if';1 2l/l/Jl- The Ontario Police Department provides this information in good faith, but . provides no warranty nor accepts any liability arising from any incorrect, incomplete or misleading information. The term Calls for Service does not ecessarily indicate a crime occurred, only that police interaction occurred. 12-Mar-2002 Page 1 '-- 997 0851R - 6 42 - 1 15 - 3 15F - 1 15N - 1 59A - 1 59R - 6 87R - 1 88R - 1 .OJ - 1 USY - 2 .ITCON - 4 ODE32 - 1 IRE - 1 A2 - 1 .'iRC - 3 PI ~i 3COV - 1 .WCK - 7 USPSJ - 3 '.JS~H - 1 c:t - 1 RA C - 2 I""...- Calls for service for 3990 E. Inland Empire Bl. Jan 1 - Dec 31, 1997 Total calls for year: 50 c moooooo~zx~n~~.~~.N~ OC~>~~>O~~~~~~~~O oooo>~~~N~8~~~~~~~~ ~n~n n ~ O~~> ~ oo::tln:>; I 10 I I '''' <....:x:; ,~Z 1 , 1 1 ::0 ,.... VI ...."'... I I I ... ..........J\,/'l "P ,,~ ,,~ " ~ ~~~~~~~~8n~>~~~:~~:e~~~~6 ~OO~~::ON~HO~fJ)~~..~~~V'lV'lWV'l"'OW ~~n::on ~Z~8~fJ) ::0 ~::o>Z ::OOOVl ~;2;O::k:31 .~n~Zlg' I'~' " 1\J'l,......~;; , . I ...... CI'> I I I I I. I ,'''' ... I....",.... ..... ~.... ... ... N~'" N............ ......... 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H ." 0 M ~ 0 > ~ Z 0 M a M ~ () c: H Z W Z " '- " H <n ~ o <n H ., H o Z >< <n " H <n " '" <n () '" H ~ .., H o Z t" H <n ., <n " H <n ~ o <n H ., H o z n o " '" <n OFFICE OF THE CITY CLERK RACHEL G. CLARK, C.M.C. - CITY CLERK 'M P.O. Box 13180 San Bernardino 0 CA 92402 300 North "D" Slreeto San Bernardino 0 CA 92418-0001 909.384.50020 Fax: 909.384.5158 Business RegiSlration Division: 909.384.5302 Passport Acceptance Facility: 909.384.5128 www.cLsan-bernardino.ca.us March 19, 2002 Mr. 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 March 18, 2002, the following action was taken relative to the public hearing regarding Development Code Amendment No. 01-02, to clarify the definitions of hotels and motels and to establish extended lodging facilities; Conditional Use Permit No. 01-03, to establish an extended lodging facility; and Tentative Parcel Map No. 15635, to subdivide one parcel into two parcels: That the matter be continued to April I, 2002. If we can be of further assistance, please do not hesitate to contact this office. Sincerely, /-'""} t L Lit,J...;.J-.. ./.1. ~ULr<- Rachel G. Clark, CMC City Clerk RGC:lls cc: Development Services CITY OF SAN BERNARDINO ADOPTED SIIARED VALUES: Integrity 0 Accountability 0 Respect for Human Dignity 0 Honesty GRESHAM. SAVAGE, NOLAN & TILDEN, LLP A REGISTERED LIMITED LIABILITY PARTNERSHIP LAWYERS. FOUNDED 1910 FOR THE FIRM: Mark A. Osloicb e-.mall: mark@l!sm-Iaw.com 600 N. ARROWHEAD A VENUE, SUITE 300 SAN BERNARDINO, CALIFORNIA 92401+1148 (909) 884-2] 71 . FACSIMILE (909) 888-2120 www.greshanlsavage.com WILLIAM GUTHRIIi(1816-1947) DONALD w. JORDAN (1907-1989) JOHN B. LONERGAN (RETIRED 1976) March 29, 2002 VIA E-MAIL -rossva@ci.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 1, 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, SAVAGE, NOLAN & TILDEN, LLP MAOlpmj N:\E266\OOO\Ltr\Ross. V-01.doc Riverside Office. 3403 Tenth Street, Suite 518, Riverside, CA 92501 . (909) 684.2171 . Facsimile (909) 684-2150 Victorville Office. 14350 Civic Drive, Suite 120, Victorville. CA 92392. (760) 243-2889 . Facsimile (760) 243-0467 -:It th OFFICE OF THE CllY CLERK RAcHEL G. CLARK, CM.C. . CITY CLERK 300 North "D" Street. San Bernardino. CA92418-0001 909.384.5002. Fax: 909.384.5158 www.ci.san-bernardino.ca.us '" May 8, 2002 Mr. Scott Fay CASCO 151 Kal Mus Drive, Suite H-8 Costa Mesa, CA 92626 Dear Mr. Fay: At the Mayor and Common Council meeting held on May 6, 2002, the following action was taken relative to the public hearing regarding Development Code Amendment No. 01-02, to clarify the definitions of hotels and motels and to establish extended lodging facilities; Conditional Use Permit No. 01-03, to establish an extended lodging facility; and Tentative Parcel Map No. 15635, to subdivide one parcel into two parcels: That the matter be continued to May 20,2002. If we can be of further assistance, please do not hesitate to contact this office. Sincerely, /-; I. /7 }.:) CJJc}ck \k~z Rachel G. Clark, CMC City Clerk RGC:ls cc: Development Services CITY OF SAN BERNARDINO ADOPTED SHARED VALUES: Integrity. Accountability. Respect for Human Dignity. Honesty Oversized Map Attached to Original Backup " , . JlJ<lU.D1t: A ~g "**FOR OFFICE USE ONLY - NOT"A PUBLIC DOCUMENT **0>' . ::{~~~~~?> :~.'- {S",~~_~'_ :".:%:~)f_: ~ :~'-~~1~~~t>- :,", ;'~.~~:~;:'_:7~~'.:"~:7Y '~::'~~:~~~~~~!~;~~1C:~:~~?;{ .. "CITY OF SAN BERNARDINO :'CITY CLERK'S OFFICE-~'~'~-~"" . "" RECORDS & INFORMATION MANAGEMENT PROGRAM AGENDA ITEM TRACKING FORM Meeting Date/Date Adopted: roL3/0) Item No. 10 Resolutio Ordinance . ~ b Ordinance Urgency: Yes ~ Effective Da . 7/ ~/ () ') Termination/Sunset Date: ~ Vote: Ayes: ~ 2- .s- c, 7 Nays: ....,0 / / / Abstai", 0 Absent: ~ if Date Sent to Mayor: r 7/" '1--- Date Returned from Mayor: ,,~ 2- Date of Mayor's Signature: ~/ '-f j -z--- Date of Clerk's Signature: ,(;,/ ~o ? -::.. Date Summary Sent to Attorney: ~ in, Date Summary Returned from Attorney: Date Published: fa (! 0/ ~ ~ Meeting TYpe:~' / gJ~ Date Seal Impressed: Continued Fro~ Item No. 6/y 0"- / ~/<;/ 0 '2-. I Date Sent for Signature: Expiration Date: Copies Distrib ~ To Whom: Exhibits Complete & Attached to Resolution/Ordinance: Reminder Letter Sent: Reminder Letter Sent: Reminder Letter Sent: Request for Council Action & Staff Report Attached: Yes Notes: if~J~ /ffi..... - Co/<.{/n.-- , I f.J.d.J No Ready to File: Date: DOCUMENT LOCATION: FOIMS(AItftda.... TIadUnI Form.CC FomI No. 111 ~ LaR ~ IV04I1996