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CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
From: James Funk, Director Subject: General Plan Amendment No.
Dept: Development Services 00-01; Tentative Parcel Map No. 15537;
Conditional Use Permit No. 00-13;
Date: March 12, 2001 Variance No. 00-10; and a Determination
of Public Convenience or Necessity for
an Alcohol Beverage Control Type 21 off-
sale general license, located at the
northwest corner of University Parkway
and Kendall Drive.
MCC Date: April 2, 2001
Synopsis of Previous Council Action:
None
Recommended Motion:
That the Mayor and Common Council adopt the resolution and adopt the mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program; approve Tentative Parcel
Map No. 15537; Conditional Use Permit No. 00-13; Variance No. 00-10; and make a
determination that the public convenience or necessity is served based on the Findings of
Fact subject to the Conditions of Approval (Attachments C and D as amended) in the
Planning Commission Staff Report and direct the Development Services Department to
send a letter to the Department of Alcoholic Beverage Control for a Type 21 (Off-sale
general) license (for the proposed Sav-On store), located at the northwest corner of
University Parkway and Kendall Drive. /
James Funk
COntaCt perSOn: Ana Rallanrii Phnna• 3Rd_Fnri7
Supporting data attached: tall Report Wards 5
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.)
Finance:
Council Notes:
Agenda Item No.
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CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT: General Plan Amendment No. 00-01; Tentative Parcel Map No. 15537;
Conditional Use Permit No. 00-13; Variance No. 00-10; and a
Determination of Public Convenience or Necessity for a Type 21 Off-Sale
General Liquor License (for the proposed Sav-On store), located at the
northwest corner of University Parkway and Kendall Drive.
Mayor and Common Council Meeting of April 2, 2001
OWNER: APPLICANT:
Howard Berkson David Mlynarski
Berkson Realty LLC MAPCO
1341 India Street P.O. Box 5822
San Diego CA 92101 San Bernardino CA
(619) 595-1900 (909) 890-9333
REQUEST
A request to establish a 37,804 square foot shopping center on 26.69 acres with two
fast food drive-thru restaurants pursuant to Code Section 19.06.02(D)(4).
Approximately 6.66 acres will be redesignated from RL, Residential Low to CG-3,
Commercial General, consistent with the remainder of the site. The parcel map will
subdivide 3 lots into 4 lots with a remainder lot. The variance is to reduce the number of
required parking spaces and landscape requirements under authority of Code Sections
19.72.030(1) and (3). The Conditional Use Permit is intended to address the fast food
drive-thru restaurants, and the Hillside Management Overlay District. The proposed
project is located at the northwest corner of Kendall Drive and University Parkway.
A detailed analysis of the project is contained in the Planning Commission Staff report
(Exhibit 1).
BACKGROUND
At its meeting of March 6, 2001, the Planning Commission discussed the project and
considered the applicant's request for a median cut and a left turn lane on University
Parkway approximately 360 feet north of Kendall Drive. The Planning Commission
recommended that a median cut be constructed to allow "left in only" and "right out only"
turning movements. If feasible, provide two "left in only" lanes into the shopping center
from University Parkway. The median cut and left turn lanes are discussed in the
Planning Commission Staff Report (Exhibit 1) and attachment F of that report.
The discussion pertaining to the University Parkway median cut focussed on two issues;
aesthetics (the loss of portions of the existing open space landscaped median), and
safety, congestion and the smooth flow of traffic.
The landscaped median on University Parkway was designed to enhance the entrance
to CSUSB by creating a visual gateway of landscaped open space. The Planning
Division did not support the median break because it will eliminate a large portion of that
landscaped open space and reduce the character and design created to compliment
CSUSB.
The City of San Bernardino Police Department and California State University oppose
the left turn median cut for health and safety reasons. The Engineering Division
opposed the placement and design of the originally proposed left tum median break on
University Parkway for reasons of public health and safety. Their concems were related
to the distance of travel across three lanes of traffic and the speed of oncoming traffic.
There was also a concern with the excess stacking delaying traffic on University
Parkway. In the event the Planning Commission would approve the left turn median
cut, Staff offered six conditions of approval to make the median cut relatively more safe.
These conditions are identified in Attachment F.
California State University (CSUSB) submitted letters and gave testimony regarding
their concerns related to the median cut and the left turn lanes, and alcohol sales from
the proposed drug store. The Planning Commission discussed the issues raised by
CSUSB at the meeting.
The Planning Commission recommended that the Mayor and Common Council adopt
the Mitigated Negative Declaration, and the Mitigation Monitoring/Reporting Program;
adopt General Plan Amendment No. 00-01, approve Tentative Parcel Map No. 15537,
approve Conditional Use Permit No. 00-13 (including the median cut on University
Parkway with the above referenced six conditions), approve Variance No. 00-10 based
upon the Findings of Fact as contained in the Staff Report and subject to the Conditions
of Approval (Attachment C and D as amended) and Standard Requirements
(Attachment E). Commissioners Coute, Durr, Enciso Garcia, Lockett, Ramirez, and
Thrasher voted in favor of the motion. Commissioners Derry, Sauerbrun and Welch
were absent.
FINANCIAL
The applicant submitted an application and the applicable processing fee.
RECOMMENDATION
Staff recommends that the Mayor and Common Council adopt/approve the following:
1. Adopt the Mitigated Negative Declaration, and the Mitigation
Monitoring/Reporting Program;
2. Adopt General Plan Amendment No. 00-01 based upon the Findings of Fact
contained in the Planning Commission Staff Report;
3. Approve Conditional Use Permit No. 00-13 (excluding the median cut on
University Parkway) based on the Findings of Fact subject to the Conditions of
Approval (Attachments C, and D as amended) in the Planning Commission Staff
Report and determine that the public convenience or necessity is served and
direct the Planning Division to prepare a letter for the Department of Alcoholic
Beverage Control for a Type 21 off-sale general liquor license for the proposed
Sav-On drug store;
4. Approve Tentative Parcel Map No. 15537 based upon the Findings of Fact
contained in the Planning Commission Staff Report and subject to the Conditions
of Approval (Attachment D) and Standard Requirements (Attachment E);
5. Approve Variance No. 00-10 based upon the Findings of Fact contained in the
Planning Commission Staff Report.
EXHIBITS
1. Planning Commission Staff Report
2. Letters/information received concerning the project
3. Resolution
EXHIBIT 1
SUMMARY CITY OF SAN BERNARDINO PLANNING DIVISION
CASE: General Plan Amendment No. 00-01; Tentative Parcel Map No. 15537;
Conditional Use Permit No. 00-13; and Variance No. 00-10
AGENDA ITEM: 5
HEARING DATE: March 6, 2001
WARD: 5
OWNER: APPLICANT:
Howard Berkson David Mlynarski
Berkson Realty LLC MAPCO
1341 India Street P.O. Box 5822
San Diego CA 92101 San Bernazdino CA
(619)595-1900 (909)890-9333
REQUEST/LOCATION:
A request to establish a 37,804 square foot shopping center on 26.69 acres with two fast food
drive-thru restaurants pursuant to Code Section 19.06.02(D)(4). Approximately 6.66 acres will
be redesignated from RL, Residential Low to CG-3, Commercial General, consistent with the
remainder of the site. The pazcel map will subdivide 3 lots into 41ots with a remainder lot. The
variance is to reduce the number of required pazking spaces and landscape requirements under
authority of Code Sections 19.72.030(1) and (3). The project is located in the Hillside
Management Overlay District at the northwest corner of Kendall Drive and University Pazkway.
CONSTRAINTS/OVERLAYS:
Fire Hazard Zone C/High Wind/Water Erosion/Landslide SusceptibilityBiological Resources
Overlay/Archaeological Resources
ENVIRONMENTAL FINDINGS:
¦ Potential Effects, Mitigated Negative Declaration and Mitigation Monitoring and
Reporting Program
STAFF RECOMMENDATION:
¦ Approval
¦ Conditions
• Conditional Use Permit No. 00-13; G feral Plan Amendment No. 00-01;
Tentative Parcel Map No. 15537; and Variance No. 00-10
Meeting Date: March 6, 2001
Page 2
PROJECT DESCRIPTION
The applicant requests approval of two fast food restaurants (with drive-thrus) each 3,200 square
feet, one restaurant at 4,176 squaze feet an in-line food court totaling 11,977 square feet, and a
drugstore at 15,251 square feet including an Alcohol Beverage Control Type 21 off-sale general
license under the authority of Development Code § 19.06.030 (2)(B), for a total squaze footage
of 37,804 through the following land use entitlements:
¦ A General Plan Amendment under the authority of Development Code § 19.50.040 to change
approximately 6.66 acres of a 26.69 acre site from RL, Residential Low, to CG-3, General
Commercial -University Village.
¦ A Tentative Pazcel Map under the authority of Development Code Section 19.66.080 to
subdivide three existing pazcels into 4 lots, totaling 6.05 acres with a remainder lot of
approximately 20.64 acres.
¦ A Conditional Use Permit under the authority of Development Code § 19.06.030 (2)(I), for
fast food restaurants with drive-thrus, and to address conditions related to the site location
within the Hillside Management Overlay District under the authority of Development Code §
19.17.050. Since these items require a Conditional Use Permit the entire shopping center is
included.
¦ A Variance under the authority of Development Code § 19.72.030 (E) to reduce parking and
landscape setback requirements.
The applicant is also requesting a median break on University Parkway approximately 360 feet
north of the intersection of University Pazkway and Kendall Drive. A detalied discussion of the
median break is in Conditional Use Pemut Finding of Fact No. 5. Pazking required on-site for the
proposed uses is 287 spaces, and 294 total spaces will be provided, many of which will be located
within the Edison easement that traverses the site. Access to the site will be provided by one
driveway onto University Pazkway, and two proposed driveways onto Kendall Drive. The project
site is located at the northwest corner of University Parkway and Kendall Drive in the CG-3,
Commercial Genera] and RL, Residential Low land use districts.
SETTING/SITE CHARACTERISTICS
The site is situated at the base of a steep hill. The area proposed for development has an existing
slope of 5 to 9 percent and is accessible from Kendall Drive and University Pazkway. The
hillside azea north of the site is somewhat undisturbed, however, there is evidence of off-road
use, "hillside graffiti" (the use of rocks to form words and letters), and trash. The lower level of
the site appears to have regular disking for weed control.
The surrounding land uses include: an existing single-family residential neighborhood, in the RS,
Residential Suburban land use district on the south side of Kendall drive; an existing apartment
• Conditional Use Permit No. 00-/3; Gr'Dleral Plan Amendment No. 00-01;
Tentative Parcel Map No. /5537; and Variance No. 00-/0
Meeting Date: March 6, 200!
Page 3
development in the RM, Residential Medium land use district east of University Pazkway; and a
small commercial center featuring an El Pollo Loco Restaurant, an Econo Lube-N-Tune, along
with other in-line shops, in the CG-1, Commercial General land use district at the southeast
corner of University Parkway and Kendall Drive. The main entrance to the California State
University, San Bernardino (CSUSB) is located to the north on University Pazkway.
BACKGROUND
The Development/Enviromnental Review Committee (DBRC) conducted a preliminary review
of the project on September 28, 2000. The D/ERC recommended revisions to the project and the
preparation of an Initial Study. The DBRC reviewed the revisions to the project and the Initial
Study on January 18, 2001. The Initial Study for a proposed Mitigated Negative Declazation was
circulated fora 20-day public review period, beginning on January 24, 2001 and ending on
February 14, 2001. Two comments were received regarding the project description and the
Initial Study. The comments were received from:
¦ California State University San Bernazdino, David DeMauro, VP/Administration & Finance
¦ City of San Bemardino Police Department, Lt. Roger Poyzer
Based on the comments received, no revisions to the Initial Study were required. Both the
University and the Police Department declared their opposition to the proposed median island
opening in University Parkway at the project entry. In addition, the University expressed
opposition to allowing off-sale of alcoholic beverages. Instead, the University suggested that all
alcohol sales be on-sale (on site consumption) associated with restaurant and food service.
The Initial Study examined the technical aspects of the median island opening on University
Parkway at the project site entrance. No further CEQA analysis was necessary to address the
concerns raised by the commentary related to the Initial Study.
The revised project plans and the Initial Study, were reviewed by the DBRC on February 15,
2001. The DBRC cleared the project to the Planning Commission. The proposed conditions of
approval and Mitigation Monitoring and Reporting Prograzn reflect the comments and
recommendations of the D/ERC.
FINDINGS AND ANALYSIS
GENERAL PLAN AMENDMENT
1. Is the proposed amendment internally consistent with the General Plan?
Yes, the proposed amendment is internally consistent with the General Plan. General
Plan Objective 1.23 states that it shall be the objective of the City of San Bernardino to:
• Conditional Use Permit No. 00-13; ~ral Plan Amendment No. 00-01;
Tentative Parcel Map No. !5537; and Variance No. 00-10
Meeting Date: March 6, 200/
Page 4
"Develop properties adjacent to California State University at San Bernazdino
along North Park Boulevazd, Kendall Drive, and State University Pazkway for
commercial and personal services uses to meet the needs of students, faculty, and
visitors."
The 6.66-acre land use amendment is adjacent to and contiguous with an existing pazcel
designated CG-3. The proposed land use amendment will be compatible with the pattern
of land uses established in the immediately surrounding azea.
2. Is the proposed amendment detrimental to the public interest, health, safety, convenience,
or welfare of the City?
No, the proposed land use amendment does not cause changes that would be a detriment
to the public interest, health, safety, convenience, or welfaze of the City. The land use
amendment from RL to CG-3 for 6.66 acres will allow the subsequent development of a
mixed use retail and restaurant project that would provide the added convenience of
goods and services in the developing University Pazkway corridor.
3. Would the proposed amendment maintain the appropriate balance of land uses within the
City.
Yes, The proposed land use amendment affects 6.66 acres of land which is currently
designated 12I,. The proposed land use designation is CG-3. The proposed land use
amendment maintains an appropriate balance of land uses and in the University Parkway
corridor by providing convenient goods and services to residents in the immediate azea,
to add to the services available to the University students.
4. In the case of an amendment to the General Plan Land Use Map, is the site physically
suitable (including access, provision of utilities, compatibility with adjoining land uses,
and physical constraints) for the requested land use designation and the anticipated land
use development?
Yes, the proposed land use amendment for 6.66 acres from RL to CG-3 is physically
suited to the site, including direct access to University Parkway and Kendall Drive, which
are major thoroughfazes both to the University and for residents and businesses in the
University Village area. Land uses in the immediate area complement the proposed land
use amendment, resulting in an appropriate combination of both single- and multi-family
residential opportunities, and similaz small commercial sites that provided the necessazy
daily goods and services required by the adjacent residents and the University Students.
• Conditional Use Permit No. 00-13; ~ral Plan Amendment No. 00-01;
Tentative Parcel Map No. /5537; and Variance No. 00-10
Meeting Date: March 6, 100!
Page 5
CONDITIONAL USE PERMIT
1. Is the proposed use conditionally permitted within, and would not 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?
Yes, a Conditional Use Permit is required to address the following aspects of the project
design: fast food restaurants with drive-thru's, and the design and grading requirements
of the Hillside Management Overlay District.
Pursuant to Development Code Section 19.06.030 (2)(I), restaurants with drive-thnxs aze
permitted in the CG-3 General Commercial land use district subject to approval of a
Conditional Use Permit. Establishment 15,000 squaze feet or more, which do not sell
alcoholic beverages as their principal business aze exempt from the requirements for a
Conditional Use Permits Development Code Section 19.06.030 (2)(B)(3). The proposed
drug store is lazger than 15,000 squaze feet and does not require a conditional use permit
to sell alcohol; however, all aspect of the development are being reviewed through the
Conditional Use Permit. The proposed uses comply with all applicable provisions of the
Development Code and General Plan as shown in Table A below:
TABLE A -Development Code/General Plan Conformance
CATEGORY PROPOSAL DEVELOPMENT GENERAL PLAN
CODE
Multi-tenant shopping Permitted subject to
Permitted Use centers with drive-thru Conditional Use Permit N/A
restaurants
32 foot maximum parapet
Height' wall height 2 story 2-story
38 feet maximum tower 30-feet 30-feet
hei ht
Setbacks'
- Front 45 feet 15 feet N/A
- Side/Rear 20 feet 10 feet N/A
Landscaping' 18% 15% ofthe surface parking N/A
area
Lot Coverage 14.7% 50% N/A
Parking
- Standazd 294 spaces 287 spaces N/A
- Handicap 9 spaces 5 spaces
1. Selected architectural elements exceed the maximum building height limit in order to provide the
appropriate architectural accent as viewed from the street frontage.
2 & 3. See the discussion in the Variance Findings
• Conditional Use Permit No. 00-13; V~ral Plan Amendment No. 00-O1;
Tentative Parcel Map No. 15537; and Variance No. 00-/0
Meeting Date. March 6, 200!
Page 6
2. Is the proposed use consistent with the General Plan?
Yes, the project site is located partially located within the Hillside Management Overlay
District as defined by the General Plan. The Conditional Use Permit addresses measures
to reduce the impact of grading the natural slope. General Plan Design and Development
Guideline 1.14.35 states:
"Locate building pads and develop the proposed site and its roadways with
minimized grading and reduce magnitudes of cut and fill slopes by utilizing
contoured grading."
The project site is located within the following Environmental Resource/Hazazd overlay
Zones: Area of concern for Archaeological Resources (Figure 8); Biological Resources
Overlay (figure 41); Potential slope failure or landslide susceptibility (Figure 52); High
potential for Water Erosion (Figure 53); High Wind Area (Figure 59), and Fire Hazard
Zone C/City High Fire Hazard Area (Figure 61).
To address the goals and objectives of the General Plan, special site investigations have
been prepared to identify constraints along with recommended modifications or
mitigation measures for the following: Archaeological Assessment; Biological Resources
Survey, Preliminary Geotechnical Investigation, and Landslide Evaluation; and Fuel
Modification Plan. The results of each evaluation have led to modifications to the site
plan or mitigation measures, in order to insure consistency with the General Plan.
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 Developmem Code?
Yes, an Initial study was prepared, public comments were received and a Mitigated
Negative Declazation is proposed for this project. Mitigation measures have been
included to mitigate impacts in the following azeas:
Earth Resources -Slope Grading measures (Measures ER-1 through ER-4); Excavation,
footing and foundation measures (ER-5 and ER-6); Soils/Geotechnical Investigation
measures (ER-7); Erosion Control measures (ER-8); and Slope deflection wall protection
measure (ER-9).
Water - A site specific Drainage Study to determine specific facilities necessary to
mitigate drainage impacts (Measure W-1).
Air Ouality -Implementation of SCAQMD Rule 403 and standazd construction practices
during all operations capable of generating fugitive dust will include but not be limited to
the use of best available control measures and reasonably available control measures (AQ-
1).
• Conditional Use Permit No. 00-13; ~ral Plan Amendment No. 00-O1;
Tentative Parcel Map No. /5537; and Variance No. 00-l0
Meeting Date: March 6, 2001
Page 7
Transgortation/Circulation -Fair-share contribution towazds traffic signal at Kendall
Drive and Cambridge Street (TRA-1 and TRA-2), provide right-turn lanes at project
entry on University Pazkway (TRA-3).
Biological Resources - Revegetate graded slopes with native species (BIO-1); and obtain
Tree Removal Permit (BIO-2).
Noise -Regulate hours of construction to minimize noise impacts on adjacent
neighborhood (NOI 1).
All specific mitigation measures are listed in Attachment F, Mitigation Monitoring and
Reporting Program.
4. Are there potentially significant negative impacts upon environmemal quality
and natural resources that could not be properly mitigated and monitored?
No, all impacts can be mitigated, and a Mitigated Negative Declaration is proposed for
this project. All potential negative impacts are addressed with mitigation measures as
specified in Attachment F, which will reduce those impacts to less than significant levels.
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,
trajjrzc 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?
Yes, the applicant proposes to construct amulti-tenant commercial center comprised of
eating/drinking establishments (some with drive-thrn capability) and a drugstore. The
proposed project is compatible with uses in the surrounding area, and consistent with the
Development Code and General Plan as is reflected in Table A -Development
Code/General Plan Conformance.
The project will not 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 that cannot be
adequately mitigated. All mitigation measures recommend in the Initial Study aze
included in the Mitigation Monitoring and Reporting Program.
The applicant has proposed a median break on University Parkway, approximately 360
feet northeast of the intersection of University Pazkway and Kendall Drive. The
landscaped median on University Pazkway was designed to enhance the entrance to
CSUSB by creating a visual gateway of landscaped open space. The Planning Division
• Conditional Use Permit No. 00-/3; , eral Plan Amendment No. 00-0/;
Tentative Parce[ Map No. 15537; and Variance No. 00-10
Meeting Date: March 6, 200/
Page 8
does not support the median break because it will eliminate a lazge portion of that
landscaped open space and reduce the chazacter and design created to compliment
CSUSB.
The City of San Bernazdino Police Department and California State University oppose
the left turn median cut for health and safety reasons (Attachment H). The Engineering
Division is also opposed to the left turn median break on University Pazkway for reasons
of public health and safety. Their concerns are related to the distance of travel across
three lanes of traffic and the speed of oncoming traffic. There is also a concern with the
excess stacking delaying traffic on University Parkway (Attachment F). If the conditions
identified in Attachment F are incorporated into the project, the Engineering Division
would find the "left turn in only" and "right turn out only" median cut acceptable in terms
of safety, but would still have concerns regarding traffic capacity reductions and overall
impacts on congestion.
6. Is the subject site physically suitable for the type and density/intensity of use
being proposed?
The site is physically suitable for the type and density/intensity of the project being
proposed as evidenced by project compliance with all applicable Development Code
Standazds as noted above in Table A and as described in Setting and Site Chazacteristics.
The proposed project is also consistent with the Hillside Management Overlay District
policies in that the development is clustered on the flat azea of the site. The proposed
grading required to accommodate the project has been minimized and the hillside will be
contoured consistent with General Plan policies.
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?
Yes, 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.
TENTATIVE PARCEL MAP
1. Is the proposed map consistent with the General Plan?
Yes, the proposed map is consistent with the General Plan and Development Code as
shown in Table A. General Plan Objective 1.19 states that it is the objective of the City
to:
• Conditional Use Permit No. 00-13; (ir~ral Plan Amendment No. 00-01;
Tentative Parcel Map No. 15537; and Variance No. 00-l0
Meeting Date: March 6, 2001
Page 9
"provide for the continued development of commercial uses along major
transportation comdors and intersections to serve the needs of the existing and
future residents".
Development Code § 19.06.030 (Table 06.02) allows for a minimum lot size of 10,000
square feet in the CG-3, Commercial General land use district. The Tentative Parcel Map
proposes to subdivide portions of three existing pazcels into 41ots totaling 6.05 acres, and
a 20.64 acre remainder pazcel. All pazcels created by the subdivision exceed the 10,000
square foot minimum gross lot area.
The proposed subdivision will have two different standard routes of access, via
University Pazkway and Kendall Drive. All lots created by the pazcel map front on
dedicated streets. A traffic study was completed for the proposed project. The City
Traffic Engineer reviewed the traffic study and proposed conditions to mitigate any
impacts created by the project. The mitigation aze incorporated into the Standard
Requirements and the Mitigation Monitoring and Reporting program.
2. Is the design of the proposed subdivision consistent with the General Plan?
Yes, the proposed design and improvements are consistent with General Plan Goal 1G (a)
and (g) in that the proposed map will expand and enhance the existing and future
commercial development. The development of the site with commercial uses will be
compatible with the commercial development in the surrounding area.
3. Is the site physically suitable for the type and density/intensity of development proposed?
Yes, the site is physically suitable for commercial development as discussed in the
Conditional Use Permit Findings. I
4. Is the design of the subdivision or type ofproposed improvements likely to cause serious
public health problems?
No, the design of the subdivision and the proposed improvements aze not likely to cause
public health problems. Short-term, construction related noise impacts to the adjacent
neighborhood will be limited by regulating hours of construction activity.
Completion of construction of the proposed project, will not create significant 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 that cannot be adequately mitigated. All mitigation measures as
recommend in the Initial Study aze included in the Mitigation Monitoring and Reporting
Program.
• Conditional Use Permit No. 00-/3; Giifleral Plan Amendment No. 00-0/;
Tentative Parce! Map No. 15537; and Variance No. 00-10
Meeting Date: March 6, 2001
Page ! 0
5. Will the design of the subdivision or proposed improvements cause a substantial
environmental damage or substantially and avoidable injure fish or wildlife or their
habitat?
No, an Initial study was prepazed to assess environmental impacts of the proposed
project, and a Mitigated Negative Declaration is proposed for this project. Mitigation
measures have been included to mitigate impacts as was discussed in Conditional Use
Permit Finding No. 3.
6. Will the design of the subdivision or type of proposed improvements conflict with
easements, acquired by the public at large, for access through or use of, property within
the proposed subdivision?
No, the Tentative Pazcel Map is traversed by pipeline and electrical transmission line
easements, the most significant of which is in favor of Southern California Edison (SCE)
for electrical towers and appurtenances.
Two easements for pipelines run pazallel to Kendall Drive (12-feet and 25-feet in width);
and the SCE easements (a total of 150 feet in width) traverse the site in the northeasterly
direction. All easements are identified on the Tentative Pazcel Map and the Site Plan of
proposed development. The easements present constraints to the site plan related to
building placement, which has been respected on the Site Plan. The proposed
development plan acknowledges location of all easements through proper building and
parking area placement.
VARIANCE
1. Are there special circumstances applicable to the property that deprives this property of
privileges enjoyed by other property in the vicinity an under identical land use district
classifecations?
A Variance has been requested to reduce parking and landscape setback requirements.
Pazking required on-site for the proposed uses is 287 spaces and 294 total spaces will be
provided, 70 of which are located within the Southem California Edison (SCE) easement
that traverses the site. The SCE easement, 150-feet in width traverses the site in a
northwesterly direction. The easement restricts building placement within approximately
1.15 acres of the 6.05-acre buildable area (approximately 19% of the site). This restricted ~
use area can be used for parking and landscaping; however, Southern Califomia Edison
reserves the rights to it.
The increasingly steep natural slopes along the northerly portion of the site also restrict
the development opportunity of the site. The proposed project is limited to developing
the lower portion of the site, vazying in width from approximately 150 to 250 feet from I
University Parkway or Kendall Drive. ',
Conditional Use Permit No. 00-13; G~ral Plan Amendment No. 00-01;
Tentative Parcel Map No. 15537; and Variance No. 00-10
Meeting Date: March 6, 200/
Page 11
The Development Code requires 15-foot landscape setbacks on street frontages in the
CG-3 land use district. The applicant proposes to reduce the landscape setback to 10 feet
on Kendall Drive. However Staff recommends that the landscape setback can be
increased by 2 feet with 17-foot parking spaces having a 2 foot of overhang. This will
increase the landscaping along Kendall Drive.
The unique constraints on this site restrict the development of the site to a greater degree
than other properties of similar designation in the vicinity. The request for a variance to
reduce the pazking on the project site, and provide pazking within the SCE easement;
along with reducing the required landscape setback from 15-feet, to 10-feet along
Kendall Drive is justified, due to the constrained development azea.
2. Is the granting of the Variance necessary for the preservation and enjoyment of a
substantial property right possessed by other property in the same vicinity and land use
district and denied to the property for which the Variance is sought?
Yes, the strict interpretation of the Development Code would result in severely limiting
the development potential of this site, due to the presence of the Southern California
Edison (SCE) easement traversing the site, and the steep terrain in the northem portion of
the parcel. The variance to reduce the amount of parking on the site, and include pazking
within the SCE easement, and reducing the landscape setback along the streetscape is
requested due to the unique nature of the site, thereby allowing development of a nature
typically allowed on parcels in the CG-31and use district.
3. Will granting of the Variance be materially detrimental to the public health, safety, or
welfare, or injurious to the property or improvements in the vicinity and in the land use ~
district in which the property is located? ~'i
No, granting of the Variance related to reducing the number of pazking spaces on the site
and allowing pazking within the SCE easement, along with reducing the landscape
setback along the streetscape, will not materially detrimental to the public health, safety,
or welfare, or injurious to the property or improvements in the vicinity and in the CG-3
land use district, or in the neighboring residential land use districts.
4. Will the granting of the Variance constitute a special privilege inconsistent with the
limitations upon other properties in the vicinity and land use district in which the
property is located?
Yes, the strict interpretation of the Development Code would result in severely limiting
the development potential of this site, due to the presence of the Southern California
Edison (SCE) easement traversing the site, and the steep terrain in the northern portion of
the parcel. The variance to reduce the amount of pazking on the site, and include parking
within the SCE easement, and reducing the landscape setback along the streetscape is
• Conditional Use Permit No. 00-13; G~fleral Plan Amendment No. 00-01;
Tentative Parcel Map No. 15537; and Variance No. 00-10
Meeting Date: March 6, 2001
Page 12
f a nature
requested due to the unique nature of the site, thereby allowing development o
typically allowed on parcel in the CG-3 land use district.
5. Does the granting of the Variance allow a use or activity which is not otherwise expressly
authorized by the regulations governing the subject parcel?
No, granting of the requested variance will not allow any use or activity that is not
expressly permitted within the CG-3 land designation as identified on Table 16.01 of the
Development Code, and as addressed in conditions of approval for the Conditional Use
Permit.
6. Will granting of the Variance be inconsistent with the General Plan?
No, the granting of the variance will not cause the project to be inconsistent with the
General Plan. The CG-3 Land Use designation has been established by the General Plan
for those commercial areas near the California State University (Objective 1.23). The
proposed project maintains an appropriate balance of land uses and in the University
Parkway corridor by providing convenient goods and services to residents in the
immediate area an to add to the services available to the University students. The
granting of the variance will cause the project to be inconsistent with the stated goals.
CONCLUSION
The proposal meets all necessary Findings of Fact for approval of General Plan Amendment No.
00-01; Conditional Use Permit No. 00-13; Tentative Pazcel Map No. 15537; and Variance No.
00-10.
Conditional Use Permit No. 00-13; Gi'fleral Plan Amendment No. 00-01;
Tentative Parcel Map No. 15537; and Variance No. 00-]0
Meeting Date: March 6, 2001
Page 13
RECOMMENDATION
Staff recommends the Planning Commission:
1. Recommend that the Mayor and Common Council adopt the Mitigated Negative
Declazation, and the Mitigation Monitoring/Reporting Program;
2. Recommend that the Mayor and Common Council adopt General Plan Amendment No.
00-O1 based upon the Findings of Fact contained in this Staff Report;
3. Recommend that the Mayor and Common Council approve Conditional Use Permit No.
00-13, except for the median cut on University Parkway, based upon the Findings of Fact
contained in this Staff Report and subject to the Conditions of Approval (Attachment C)
and Standard Requirements (Attachment E);
4. Recommend that the Mayor and Common Council approve Tentative Parcel Map No.
15537 based upon the Findings of Fact contained in this Staff Report and subject to the
Conditions of Approval (Attachment D) and Standazd Requirements (Attachment E);
5. Recommend that the Mayor and Common Council approve Variance No. 00-10 based
upon the Findings of Fact contained in this Staff Report.
Respectfully Submitted,
0
James Funk
Director of Development~Service~s~
landi
Associate Planner
Attachment A Location Map
Attachment B Site Plan, Elevations, Landscape Plans
Attachment C Conditions of Approval -Conditional Use Pennit
Attachment D Conditions of Approval -Tentative Pazcel Map
Attachment E Standazd Requirements
Attachment F Engineering Division memorandum related to the median cut
Attachment G Initial Study, Mitigation Monitoring and Reporting Plan
Attachment H Letters received regarding the project
ATTACHMENT A
CITY OF SAN BERNARDINO PROJECT: GPA No. 00-01;
PLANNING DIVISION TPM No. 15537; CUP No. 00-13;
LOCATION MAP VAR No. 00-10
LAND USE DISTRICTS HEARING DATE: 03/06/01 NORTH
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• Conditional Use Permit No. 00-13; G~ral Plan Amendment No. 00-01;
Tentative Parce[Map No. 15537; and Variance No. 00-10
Meefing Date: March 6, 2001
Page 16
ATTACHMENT C
CONDITIONS OF APPROVAL
for
General Plan Amendment No. 00-01
Conditional Use Permit No. 00-13
Variance No. 00-10
1. Within two years of development approval, commencement of construction shall have
occurred or the pennit/approval shall become null and void. In addition, if after
commencement of construction, work is discontinued for a period of one yeaz, then the
permit/approval shall become null and void. Phasing of project
construction/development shall be as follows:
Expiration Date: Two years following the Mayor and Common Council Decision
2. The review authority may, upon application being filed 30 days prior to the expiration
date and for good cause, grant aone-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 that this approval is legally challenged, the City will promptly notify the
applicant of any claim or action and will cooperate fully in the defense of the matter.
Once notified, the applicant agrees to defend, indemnify, and hold harmless the City, the
Economic Development Agency, their affiliates officers, agents and employees from any
claim, action or proceeding against the City of San Bernardino. The applicant further
agrees to reimburse the City and the Economic Development Agency of any costs and
attorneys' fees which the City or the Economic Development Agency 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.
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;
• Conditional Use Permit No. 00-13; C~ral Plan Amendment No. 00-01;
Tentative Parcel Map No. 15537; and Variance No. 00-l0
Meeting Date: March 6, 200/
Page l7
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 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 Department of Public Works prior to the issuance of the Certificate, if necessary.
The deposit or security shall guarantee the faithful performance and completion of all
terms, conditions and performance standazds 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; glaze control; exterior lighting design and control; noise control; odor control;
screening; signs, off-street pazking 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 azchitecturally screened by wall or structural element, blending
with the building design and include landscaping when on the ground.
7. The applicant is required to comply with all of the mitigation measures identified in the
Mitigation Monitoring and Reporting Program.
8. All buildings shall be beige or white with orange the roofs consistent with the approved
plans.
9. The applicant shall increase the landscape setback along Kendall drive to 12 feet to allow
for two feet of vehicle overhand and reduce the pazking stall length to 17 feet along
Kendall Drive.
10. The applicant shall be responsible for posting of signs prohibiting litter and loitering with
management enforcing this and maintaining the area free of litter and graffiti.
11. Exterior lighting shall be sufficiently and properly maintained to illuminate all azeas of
the exterior of the building and property for easy detection of suspicious and criminal
activity.
• Conditional Use Permit No. 00-13; G~ral Plan Amendment No. 00-01;
Tentative Parcel Map No. 15537; and Variance No. 00-10
Meeting Date: March 6, 2001
Page 18
12. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
13. The applicant shall be responsible for posting of signs prohibiting drinking on the
premises as stated in San Bernardino Municipal Code chapter 9.32, Section 9.32.020.
14. Deleted by the Planning Commission on 3/6/01
15. The sales of beer or malt beverages in quantities of quarts, 22 oz., 32 oz., 40 oz., or
similar size containers is prohibited. No beer or malt beverages shall be sold in quantities
of less than six per sale.
16. Beer, malt beverages, and wine coolers in containers of 16 oz. or less cannot be sold by
single containers, but must be sold in manufacturer pre-packaged multi-unit quantities.
17. There shall be no exterior advertising or sign of any kind or type, including advertising
directed to the exterior from within, promoting or indicating the availability of alcoholic
beverages. Interior displays of alcoholic beverages or signs which are cleaxly visible to
the exterior shall constitute a violation of this condition.
*18. The sale of alcohol is limited to the hours of
w ~ w,..._,....w:,.~..._,. ~.nn i n.nn 6:00 am to 12:OOam.
19. All pay phones shall be out calling only, with no incoming calls allowed
20 CSUSB currently uses the name "University Commons". The applicant would be
required to use different center name.
21. This permit or approval is subject to the attached conditions or requirements of the
following City Departments or Divisions:
a. Public Works Division
b. Plan Check Division
c. Fire Department
d. Public Services Department
e. Parks Recreation & Community Services Department
* Amended by the Planning Commission 3/6/01
• Conditional Use Permit No. 00-13; G~ral Plan Amendment No. 00-01;
' Tentative Parcel Map No. /5537; and Variance No. 00-10
Meeting Date: March 6, 2001
Page 19
ATTACHMENT D
CONDITIONS OF APPROVAL
Tentative Parcel Map 15537
1. Within two years of map approval, recordation of the map shall have occurred or the
approval shall become null and void. Phasing of project constrnction/development shall
be as follows:
Expiration Date: Two Years following the Mayor and Common Council Decision
2. The review authority may, upon application being filed 30 days prior to the expiration
date and for good cause, grant aone-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 that this approval is legally challenged, the City will promptly notify the
applicant of any claim or action and will cooperate fully in the defense of the matter.
Once notified, the applicant agrees to defend, indemnify, and hold harmless the City, the
Economic Development Agency, their affiliates officers, agents and employees from any
claim, action or proceeding against the City of San Bernardino. The applicant further
agrees to reimburse the City and the Economic Development Agency of any costs and
attorneys' fees which the City or the Economic Development Agency maybe 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.
4. The Final Map 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 pazking, loading and landscaping;
b. Placement and/or height of walls, fences and structures;
c. Reconfiguration of azchitectural 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.
• Conditional Use Permit No. 00-13; C~ral Plan Amendment No. 00-01;
Tentative Parcel Map No. 15537; and Variance No. 00-/0
Meeting Date: March 6, 2001
Page 20
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 Depaztment of Public Works prior to the issuance of the Certificate, if necessary.
The deposit or security shall guarantee the faithful performance and completion of all
terms, conditions and performance standazds 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 Standazds, and includes: dust and dirt control during construction and
grading activities; emission control of fumes, vapors, gases and other forms of air
pollution; glaze control; exterior lighting design and control; noise control; odor control;
screening; signs, off-street parking and off-street loading; and, vibration control.
Screening and sign regulations compliance aze 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 azchitecturally screened by wall or structural element, blending
with the building design and include landscaping when on the ground.
7. This permit or approval is subject to the attached conditions or requirements of the
following City Depaztments or Divisions:
a. Public Works Division
b. Plan Check Division
c. Fire Depaztment
d. Public Services Deparhnent
e. Pazks Recreation & Community Services Department
ATTACHMENT E
~ANDARD REQUIREMENT
DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION
CASE NO: C.U.P. 00-13 DESCRIPTION: Const. 5 Retail Commercial
P.M. 15537 Bldgs. And Subdivide 3 Lots to 4 Lots
APPLICANT: MAPCO LOCATION: n.w Corner of University
Parkway/Kendall Drive
? 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) 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.
b) 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.
c) 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.
d) 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.
e) 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.
lofll
02/23/01
~ -
~ANDARD REQUIREMENT
DEPARTMENT OF DEVELOPMENT SERVICESIPUBLIC WORKS DIVISION
CASE NO: C.U.P. 00-13 DESCRIPTION: Const. 5 Retail Commercial
P.M. 15537 Bldgs. And Subdivide 3 Lots to 4 Lots
APPLICANT: MAPCO LOCATION: n.w Corner of University
ParkwaylKendall Drive
2. Grading and Landsca i~nq
a) If more than 1' 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.
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) An on-site Improvement Plan is required for this project. Where feasible,
this plan shall be incorporated with the grading plan and shall conform to
all requirements of Section 15.04-167 of the Municipal Code (See
"Grading Policies and Procedures").
f) 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.
2of11
02/23/01
~ANDARD REQUIREMENT
DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION
CASE NO: C.U.P. 00-13 DESCRIPTION: Const. 5 Retail Commercial
P.M. 15537 Bldgs. And Subdivide 3 Lots to 4 Lots
APPLICANT: MAPCO LOCATION: n.w Corner of University
ParkwaylKendall Drive
g) 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.
h) This project is located in the "High Wind Area". Therefore, all free
standing walls and fences shall be designed for a minimum wind load of
23 pounds per square foot of vertical surface, unless a lower value is
approved by the City Engineer.
i) The Drive-through lane and the parking area adjacent to the building shall
be constructed of PCC concrete pavement.
j) 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 1foot-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.
k) 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.
I) 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.
m) Where the handicap accessible path of travel crosses drive aisles, it shall
be delineated by striping or textured/colored concrete pavement. ',
3of11
02/23/01
~ANDARD REQUIREMENT
DEPARTMENT OF DEVELOPMENT SERVICESIPUBLIC WORKS DIVISION
CASE NO: C.U.P. 00-13 DESCRIPTION: Const. 5 Retail Commercial
P.M. 15537 Bldgs. And Subdivide 3 Lots to 4 Lots
APPLICANT: MAPCO LOCATION: n.w Corner of University
ParkwaylKendall Drive
n) 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.
o) 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.
p) 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.
q) 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
20 shall be paid to the Real Property Section to cover processing
costs. The property owner, prior to plan approval, shall execute this
easement and covenant unless otherwise allowed by the City Engineer.
3. ilitie
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).
4of11
02/23/01
~ANDARD REQUIREMENT
DEPARTMENT OF DEVELOPMENT SERVICESIPUBLIC WORKS DIVISION
CASE NO: C.U.P. 00-13 DESCRIPTION: Const. 5 Retail Commercial
P.M. 15537 Bldgs. And Subdivide 3 Lots to 4 Lots
APPLICANT: MAPCO LOCATION: n.w Corner of University
Parkway/Kendal) Drive
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 II
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.
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).
Sofll
02/23/01
~ANDARD REQUIREMENT
DEPARTMENT OF DEVELOPMENT SERVICESIPUBLIC WORKS DIVISION
CASE NO: C.U.P. 00-13 DESCRIPTION: Const. 5 Retail Commercial
P.M. 15537 Bldgs. And Subdivide 3 Lots to 4 Lots
APPLICANT: MAPCO LOCATION: n.w Corner of University
Parkway/Kendal) Drive
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. Manning
a) A Parcel Map based upon field survey will be required.
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) A reciprocal easement shall be shown on Owner's Certificate for drainage,
access, sewer, and/or parking is proposed to cross parcel line.
5. Improvement Com leo tion
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.
6of11
02/23/01
I
~ANDARD REQUIREMENT
DEPARTMENT OF DEVELOPMENT SERVICES/PUBLIC WORKS DIVISION
CASE NO: C.U.P. 00-13 DESCRIPTION: Const. 5 Retail Commercial
P.M. 15537 Bldgs. And Subdivide 3 Lots to 4 Lots
APPLICANT: MAPCO LOCATION: n.w Corner of University
Parkway/Kendall Drive
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.
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: University Parkway and Kendall Drive
6. re Im r v m n n D dica ions
St et r o e e t a d e t
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
accom lished in accordance with the Cit of San Bernardino "Street
P Y
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.
7of11
02/23/01
i
~ANDARD REQUIREMENT
DEPARTMENT OF DEVELOPMENT SERVICESIPUBLIC WORKS DIVISION
CASE N0: C.U.P. 00-13 DESCRIPTION: Const. 5 Retail Commercial
P.M. 15537 Bldgs. And Subdivide 3 Lots to 4 Lots
APPLICANT: MAPCO LOCATION: n.w Corner of University
Parkway/Kendall Drive
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 Riaht ofof
Wav(ft.? CurbCurb Line(ftl
UNIVERSITY PARKWAY 60' S3' (existing)
KENDALL DRIVE 50' 40'
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) Install Street Lights adjacent to the site in accordance with City Standard
Nos. SL-1 and SL-2.
8ofll
02/23/01
~ANDARD REQUIREMENT
DEPARTMENT OF DEVELOPMENT SERVICESIPUBLIC WORKS DIVISION
CASE NO: C.U.P. 00-13 DESCRIPTION: Const. 5 Retail Commercial
P.M. 15537 Bldgs. And Subdivide 3 Lots to 4 Lots
APPLICANT: MAPCO LOCATION: n.w Corner of University
Parkway/Kendal) Drive
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. A~Dlicable Engineering Feesl
a) Map Checking fee - $ 1,000.00 plus $ 30.00 per parcel.
b) Plan check and inspection fees for off-site improvements - 4% and 4%,
respectively, of the estimated construction cost2 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 costa of the on-site improvements, including
landscaping.
d) Plan check and inspection fees for grading (If permit required) -Fee
Schedule available at the Engineering Division Counter.
All Fees are subject to change without notice.
ZEstmmated Construction Cost for Off-Site Improvements is based on a Ilst 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.
9ofi1
02/23/01
~ANDARD REQUIREMENT
DEPARTMENT OF DEVELOPMENT SERVICESIPUBLIC WORKS DIVISION
CASE NO: C.U.P. 00-13 DESCRIPTION: Const. 5 Retail Commercial
P.M. 15537 Bldgs. And Subdivide 3 Lots to 4 Lots
APPLICANT: MAPCO LOCATION: n.w Corner of University
ParkwaylKendall Drive
e) Drainage fee in the approximate amount as follows based on $0.429 per
square foot for the first 3,000 square feet of impervious lot area (estimated
as 85% of the net lot area), then $0.147 per square foot of remaining
impervious lot area or fraction thereof: $31,346.00
f) Traffic system fee in the estimated amount of $154,056.64. Based on
9006 trips per day @ $17.106 per new trip generated by the project. The
City Traffic Engineer shall determine exact amount at time of application
for Building Permit.
g) A portion of the Traffic Systems Fee paid for this commercial/industrial
project can be credited to the initial developer based on the actual cost of
installation of the new traffic signal new traffic signals or upgrade of
existing traffic signals for the mitigation of traffic related conditions
identified in the project review process and required as part of the
approved development. See Resolution No. 88-140.
i
h) Sewer Connection fee in the approximate amount as follows based on
$242.91 per 3,000 square feet or fraction thereof: $3,157.83
i) Sewer inspection fee in the estimated amount as follows based on $20.48
per connection: $20.48
j) Street or easement dedication processing fees in the amount of 0.00
per document.
9. Additional Requirements -General
a) This project shall pay a "fair-share" mitigation fee equal to 75% of a new
traffic signal at Kendall Drive and Cambridge Avenue. The estimated fair-
share for this signal is $75,000. The City shall place the traffic signal
project on the Capital Improvements Program (CIP) to enable future
funding of the City's 25% contributions towards the signal.
~o°fu
02/23/01
~ANDARD REQUIREMENT
DEPARTMENT OF DEVELOPMENT SERVICESIPUBLIC WORKS DIVISION
CASE NO: C.U.P. 00-13 DESCRIPTION: Const. 5 Retail Commercial
P.M. 15537 Bldgs. And Subdivide 3 Lots to 4 Lots
APPLICANT: MAPCO LOCATION: n.w Corner of University
ParkwaylKendall Drive
b) The traffic signal upgrade at University Parkway and Kendall Drive shall
be jointly funded (50/50) by the City and the developer. The signal
modification is a requirement to mitigate the project's impact on the
intersection by improving the level of service of the east/west left-turns on
Kendall Drive. Additional left-turn lanes are required for all directions of
traffic. The improvement could entail the relocation of signal poles as well
as new poles at some locations. A portion of the collected traffic systems
fee for this project will be credited towards the developer's share of the
signal upgrade.
c) Staff still does not concur with the developer's request for a median cut on
University Parkway to provide access to the development at this time.
Project patrons have the opportunity to use the left turn signal at
University Pkwy/Kendal) Drive to access the development. Traffic safety
issues also prohibit staff concurrence (high speeds, lane weaving, and
limited sight distance for approaching southbound traffic on University
Parkway).
d) Staff agrees with the developer's request for a right turn in/out driveway
onto University Parkway with provisions for a deceleration lane and lane
reduction transition per the Caltrans Standard 6-11. The project's parkway
landscaping shall not restrict the sight distance requirements at the
driveway locations.
e) The site plans shall be modified to reflect our recommendations listed in
items # C & D.
f) Prior to commencement of any construction, vacation of excess street
right-of-way at University Parkway has to be completed.
g) Developer has to secure use of vacated excess street right-of-way by
easement, lease or purchase property from the City of San Bernardino.
11 of 11
02/23/01
r
City of San Bernardino
STANDARD REQUIREMENTS DRC Date: 2 / 15 / 2001
Development Services/Plan Check Division
CONDITIONAL USE PERMIT 00-13; VARIANCE 00-10
Property address:
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) ii
g. cross section details
h. show compliance with Title 24/Accessibility (disabled access)
2. The title sheet of the plans must specify the occupancy classification, type of construction, if
the building has sprinklers, & the current applicable codes. The current model code is the
1997 editions as amended by the 1998 California 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 i
California.
4. For structures that must include an engineers design, provide 2 sets of stamped/wet signed i
calculations prepared by a licensed architect/engineer.
5. Submit soils and/or liquefaction report.
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. 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.
I
I
r
10. An air quality permit may be required. Contact South Coast Air Quality Management
Division for information, phone 909-396-2000.
11. Provide receipt from San Bernardino School District. For information, phone 909-381-
1238.
I2. 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.
)~Y~' r
AL JOHNS /DEVELOPMENT SERVICES
CITY OF SAN BERNARDINO FIRE DEPARTMENT
_ ~£~A1~9ARD REQUIREMENTS ~6e:
T 1'n'~ - /ss37 Date: -1 a v
Reviewed By: ~;~-
GEDIERAL REQUIREMENTS:
L9" Provide one eddklonal set of construdbn plans to Building and Satety for Fire DaperbneM use at time d plan check.
? CoMad the City d San Bernardino Fire DeparMeM at (908) 384.5388 for spaciflc detelbd requirements.
? The developer shall provitle for adequate fire flow. Minimum Ore flow requirements shall be Dared on square footage, constnrctlon features, and exposure
information supplied by the developer and y8~j be availebb erl(N b) plecng Canbuetlbla materiels On eke.
WATER PURVEYOR FOR FIRE PROTECTION:
? The fire potecton rater aervlde for the area d thb pro)ed b provided by.
? San Bernardino Munldpal Water Deparbment-Erpineedng (9p9) 384.3391
? East Valby Water Dbbid~ngineedrg (909) 888.5986
? Older Water purveyor. Phone:
PUQLIC FIRE PROTECTION FACILITIES:
C~ Public fire hydrants are required akmg streets at intervak nd to exceed 300 feet for cwmmemlal end muki-resklentlel areas antl at IrKarvab not to exceed
Teet for resldentlel areas.
Fire hydreM minmum flow rates d 1,500 gpm ate 20 pal mlMmum resldual pressuro are requlrod for commercial end multi-reeiden8al areas. Minknum fire
~~tttlydreM lbw retes d 1,000 gpm at a 20 pal minimum resldual prossuro ere required for rosldentlel areas.
Q~ FFire hydreM type and specilk loratbn shell be Jdntly determined Dy the Clty d Ban BemaMlno Flre Departrent in an)uncdat with the water purveyor. Flre
p" Pub fire h raMS, fire aervl~ees, arW11Publ~ water feGl~itles ner:esw stop Fitre De rtrneM purveyor.
yd ry pe requbemede are the devebper's Mandel resportslbilky and
shell be Insfalbd by the water purveyor or by the devebper at the water purveyofs dbcretlon. Contac the water purveyor Indkated above for addkkxtal
information.
ACCESS:
reside two separete. Oadicatetl routes d Ingresa/egreas to the properly entrance. The routes shall be paved, all weatlter.
Provide en eases road b each building for fire apparetus. Access roadway shall have an all-weather ddvkrg surface of nd less than 20 feet d unob•
- }butted width.
L~'~xtend roadway to wlMln 150 feat d all potions d the eMedor well of ell singb story buildings,
[~' Fxtend roadway to wthin 50 feet d the exterior wall d all multlpie~tory buildings.
Provide'NO PARgNG' signs whenever parking d vehk:bs would possibb reduce the clearance d eases roadways to leas than the roqulred width. Signs
are to read "FIRE LANE-NO PARgNG--M.C. Sec. 18.16".
? Dead~nd streets shall not exceed 500 feet in length and shall have a minimum 40 fod redlus turnaround.
? The names d arty new atreeb (publk: a private) shall be submktstl to the Fire DeperlmeM for approval.
SITE•
(~ I eases roads arM streets are to be conatrucbd and usable prior W txtmbustlble eonetruetlon.
[Private fire hydreMS ahak be Installed to protect each butldirp totaled more than t50 feet from the curb Ilne. No Ike hydren4 should be within 40 feet d any
exbdor wall. The hydreMs shall be Wat Barrrl type, with orro T/. Yrclt antl 4 Inch outbL erW approved by the Flre Deparbnarrt. Areas ad)acertt to fire
hydreMa shall be designated as a "NO PARIONG" mne by pekNng en 8lnctt wlde, red stripe for 15 feet In each directlort in front dtM,hydreM in such a
manner that k will not be blaked by perked veMdes. Lettering to be in white 6" by X", , S~y~~ /.~ ~ 4 ~<J f pltiw..r ff ~ ~ o-a:~ ~-
BUJ.DINGS:
C~ Address numerals shall be Installed on the bull0ing at the front or oMer approved lacatkm in such a manner as to be visibb from the fronbge street Com-
merobl and muPo famiy address numeals shat be 6 Inches tall, singb famky address numereb shall be 4 inches fall. The abr d tlta numerals shall carr-
_itrastwith the cobr d the background.
l~~ ~/entdy each gas and elecbk meter wkh the numl»r d the unk k serves.
L'1' Fire extlngubhera must be Installed prbr b the building being aapbd. The minimum reMg for any fire extlnguisher k 2A 108fC. Minimum dlsMbutlon d
fire extlngWeMre must be such that rro Interbr part d the building b over 75 feet travel distance from a fire extlngubher.
? Apartment houses with 18 or more unks, fxrtels (motels) wNh 20 or more unks, a apartments or hotels (motels) three stories or more In height shell be
~9Wppetl v4M automatk fire apdnklere desigrxtd to NFPA atendeMs.
[y' PJI buildings, over 5,000 square feet, shall be equipped with en automatlc Poe spdnker system tleaigned to NFPA standards. This Includes existlng bukdinga
nt over 365 days.
Submk plena for the fire protection system to the Fire Department prbr to beginning conawcdon d the system. Permk required.
? Tenant improvements in all apdnkbretl builOinge are to be approved by the Flre DeperhneM ptlor m start d anatnrctlon. Permk required.
? yrovide fire alarm (required throughout). Pierre moat be approved by the Fire Depsrhnent prior to start d inslalbtlon. Pernk required.
[]' Fire Deperbnant connecflon to sprinkler systeMstendpipe system, shall be required at Fire Department approved bcatbn.
Fire Code Permk required.
Ire Sprinkler monitoring required. Plans must be approved by th Fire Deparment prbr to the alert d conatndbn. Permk required. ~ ~ o ~ /~avs
Note: Tire applksM must request, In wrttlng, any changes to Fke Department requirements.
ADDITIONAL INFORMATION:
A,dwfa Joe z~wc.- ,C«.c ~a~! r~s.t.:«l-
k *r.- y3yu~-fit ~s
cce rro ryrmt
~ITY OF SAN BERNARDIN~
PUBLIC SERVICES DEPARTMENT -REFUSE r!i RECYCLING DMSION
STANDARD DEVELOPMENT REQUIREMENTS
300 North DStreet - 4th Floor CA 9241 &0001 "~
909-384-5335
Project Number ~ ~ Project Planner ~ c
Project DescriptionBusiness Name m
Project LocatioNAddress O s -
Reviewed By ~ Review Date / / OO
(Oflfce Use Only: City Service No. DNe Completed Application Returned- / /~
COMMERCULL
1. F~tatrlish commerdp[ renfime encloslre(s) accordng to City Pubtlc Works Standard 508 with a wld0~ of
Q ' O /r and a length of LS ~h . Locatlon and orfeMation of enebsure(s), gates, and compactor ur~t(s) shat
be ahovrrl on Site Plans, lebeled with dimensions and apeaficafions to meet Public Works Standard 508.
2. Locate refuse enclosure(s) and compactor urn(s) to be safely accessible far service vehicles and without
obstruction to drive stabs, drHeways, badkrg zones, parking, or handicap access. Enclosure must be at least 5'
from combustible walls, cave ilea, or openrps [98 CA Fre Code 1103.2.2]. Minimum radii of 40' for al drive twos
along the main ogress to and egress from enclosures and compactor pads.
S. Irtstatl ~ compactor urn(s) with a miwmum cepadty of ~ cubic yards for each unlit. RoN-off box unit(s)
shall meet Pubtlc Works Standard 510.
4. Refuse and recycing service to this bcetbn shatl be provided by the Cily of San Bernardino unless otherwise
noted. New accotrlfs require a cempleted Service Apptlcation with a futl deposit returned to the City of San
Bemard'mo Refuse 8 Reryctlng Division prior to issuance of the final Certificate of Occupancy.
!i. City froMaoad cotlecfion services shatl be estabtlshed at the fotlowing minimum levels:
REFUSE SERVICE RECYCLalO SERVICE OROAtaCS SERVICE
QTY BIN DAYS /WEEK QTY BIN DAYS /WEEK QTY BIN DAYS /WEEK
1-2 CY 7-2 CY 1-2 CY
3 CY 3 CY 3 CY
4 CY 4 CY 4 CY
8CY 6CY BCY
_ 6. Sealed compactor ant(s) shatl be irwtaled with a recommended minimum 30 cubic yard rotl-off box:
unit(s) for refuse, ant(s) for commingled dry recydables, and ant(s) for organce.
7. ApptlceM shatl submit a completed Integrated Waste Management Survey to the PubNc Services Department
Refuse and a Drvrsion a min um of 5 Cily work days fora oval prior to issuance of arty Cily permits.
Contact i~~ _ 909-384-5549 * phone or 909-384-5190 fax.
RESIDENTIAL
1. Residential refuse and recycling services are to be provided by the Cily of San Bernardino Refuse 6 Recycling
Division. The Cily shatl provide one set of a blue, green, and black 96 or 84~aWn automated service carts to each
single famiy unit OR one set to everytwo-Ixrit multiple family dweltlng up to sbr urns.
2. Residential urwts shatl have a mWmum 3 feet by 9 feet concrete pad located out of view of pubNc rightof-way
for storage of each set of ttree automated carts. Minimum gate operrkrgs shatl be 3 feet, and the path of travel
from the storage pad to <xab ahatl be contirawusy paved.
3. A minmum 12-foot space abng the crab on the street must be dear for residential automated service carts,
including a m'rtimum 2-foot setback of atl structrres, fences, and raised landscaping.
4. Day of automated cart service shah be: M T W Th
ADDITIONAL CONDITIONS OR NOTES
0
e
6
lWlwfsAppicant](Ysbw~~PlenNnpJ(Rhlr-RNUas 6 Rscydnp (CSRs)J/GWdNxod~DERC FNJ RsWasd 3.8.2000
CITY OF SAN B RDINO • PUBLIC SERVICES DEPARTM 909-384-5549
' INTEG~D WASTE MANAGEMENT SURVEY- G ELINES
The State of Califomia adopted the Califomia Solid Re/use and Recycling Access Ad of 1991, which sets forth mandates
and guidelines requiring Cities and Counties to reduce solid waste generation and landfill disposal through means of
source reduction, re-use, recycling and composting. In accordance with the intent of this Ad to create a heaRhier and
more sustainable environment and economy, the City asks developers and business owners to evaluate how they may
best achieve solid waste reduction with a minimum diversion goal of 50% by weight for Site Development and Operations
separately.
Please submit a typed 1 to 5 page response to the following guidelines a minimum of five (5) City working days for
approval prior to the issuance o/ a Development or Building Permit if site development is planned, or a minimum of five (5)
City working days for approval prior to the issuance of a Demolition Permit or a Conditional Use Permd. Including these
elements as mitigation measures wdhin a required Inffial Studv under CEQA will satisfy this requirement. If no Demolition
or Site Development is required, and waste generation from Operations is not anticipated to exceed 36 cubic yards
uncompacfed per week, an IWM Survev-Short Form maybe submitted to satisfy this requirement.
Proiect Identification
• City Project Number(s)
• Project Description or Business Name
• Project Address or Assessor Parcel Numbers
• Preparer's Name, Title, Company, Phone Number, Fax or E-mail Address
• Date Prepared
Stte Development - if not applicable. please note
• Include a brief description of all demolition, site preparation, renovation, and construction activities anticipated. If
development is to be phased, please describe each phase distinctly.
• Identify the types, quanttty, and frequency of solid wastes and regulated wastes anticipated to be generated during
each development phase.
Solid wastes generated during site development may include but are not limited to inert materials such as concrete,
brick, stone, and dirt fill; scrap metals; wiring; wood waste; pallets; roofing shingles; ceramic fixtures and tiles; wall
board; carpet and padding; vinyl flooring and siding; plate glass; metal and PVC pipe; insu/atipn; plastic film; empty
buckets; empty cans and bottles; corrugated cardboaM,~ and green waste such as cleared vegetation and saw dust.
Regulated wastes may include but are not limited to all hazardous materials; tires; waste lubricants, croatings,
adhesives and solvents; appliances and HVAC units; batteries; vehicles; and fluorescent lights and ballasts.
• If waste materials are to be hauled by companies other than the I'rsted General Contractor, please identify the
companies and what services will be provided.
Ocerations
• Identify the types, quantity, and frequency of solid wastes and regulated wastes anticipated to be generated during
normal business or event operation and maintenance.
Solid wastes during operation may include but are not limited to mixed refuse; food and liquid wastes; green waste;
paper and cardboard,' all plastic, glass, and metal containers plastic film wrap and packaging; textiles; wood waste;
and other operation-specific waste parts, scrap or residuals.
If a janitorial service will be employed for building maintenance, please provide the company name, address, a
contact name and phone number.
Permanent hauling services provided within the Ctty of San Bernardino must operate under a Franchise Agreement.
If waste materials are to be hauled by a service other than the City of San Bernardino Refuse 8 Recycling Division,
please identify the company and what service will be provided.
Diversion Summary
Estimate the anticipated diversion from landfill of all solid waste materials generated during I. Site Development (if
applicable), and II. Operations. Identify the method of diversion, whether through re-use, recycling, or composting. If you
anticipate any other significant solid waste prevention through attemate methods, such as utilizing a new technology that
will reduce waste generation at the source, please describe.
Project Modifications
Any modifications submitted to Planning shall include an Addendum to the submitted IWM Survey.
MOVPS-EPD 07.19.00
•
'Belantli Jo
From: Dyck_Mi
Sent: Friday, February 16, 2001 10:37 AM
To: Bellandi_Jo
Subject: CUP 00-13 -NWC University & Kendall
The standard conditions issued for this project on 9.28.00 still hold. Please note the
following changes and comments for this project based on the discussion in the DERC
meeting 2.15.01:
1. Building A - Sav-on Drugs
The location of the roll-off compactor unit works, however there seems to be no
loading zone designated at the rear of this building, and the only area open for
possible loading interferes with access to the compactor. Are the 5 parking spaces at
the NWC of building A required? Also, I need to yet receive a one to two-page
response from the tenant addressing the information requested in the Integrated
Waste Management Survey Guidelines for Operations and Diversion. The size and
use of the compactor should be identified in the Survey response: refuse or
recyclables.
2. Building B? -Food Court
The location of the two bin enclosures are accessible to service vehicles, however
the detail plan of the enclosure on the NE side of the building is drawn so as to
overlap into a loading zone indicated on the site plan. The bin enclosure size for both
shall be 8' x 15', constructed to PWS 508 specifications; the pedestrian access
modification to the enclosures is acceptable. Permanent gate stops should be added
along the two sides where the gates open into the exterior wall of the building to
prevent damage.
3. Building C -Fast Food Restaurant
The bin enclosure at this location shall also be 8' x 15' and should be relocated just
north of the enclosure drawn and inset to allow through traffic with gates open at
widest point and straight service vehicle access from west drive aisle. Pedestrian
access modification to the enclosure is strongly recommended with a paved walkway
from the enclosure to the rear service entrance of the building, and cut curbs all
along path, with pedestrian striping across drive-thru aisle.
4. Building D -Fast Food Restaurant
Relocate enclosure to north of parking cluster around this building with side access
from north drive aisle, a minimum of 40 feet from either intersecting drive aisles to
prevent stopped trucks from blocking traffic flow. Modify the enclosure for pedestrian
access with a paved walkway from the enclosure to the rear service entrance of the
building. Enclosure size shall still be 8' x 15' to accommodate a maximum of 2, 4CY
bins. Service at this location may be restricted to a maximum of 4CY per day up to 6
days weekly of refuse, and 4CY three times weekly for recyclables.
Michelle Dyck
Environmental Projects Assistant
Public Services Department
300 North DStreet - 4"' Floor
CITY OF SAN BERNARDINO PARRS, RECREATION & COMMUNITY 3ERVICES DEPARTMENT
STANDARD REQUIREMENTS Tent Parcel Map 15537
Condit. use permit 4100-13
Case: Variance Ik00-10
Date• 01-18-01
Reviewed By: J. Gondos
[}~u'r. REQIIIREMENT3:
[ x] Commercial Iaduetrial and Multi-Unit
[ ] Assessment District
[ ] Residential
[ x] Purpose, Guidelines and submittal procedure
[ x] irrigation and Landscaping Pleas.
[ ] Contact the City of San Bernardino Parke,Recreation and Community Services
Department at (909) 364-5217 or 384-5314 for specific detailed
requirameats.
SPECIFIC REQIIIR>3MENT5:
[ x] Maiatenanco of landscape areas
[ x] Plaster Areas
[ ] Interior Plantar Areas
[ x] Irrigation Syetama
[ x] Setback Areas
[ x] Slop• Areas
[ x] Ground Covsr sad Bedding Material
[ x] 8roeion Control
[ ] Sided Control
PLANT MATERIALS
[x ] Plant list sad climatic conditions
[x ] Strast Trses
[x ] Plant Material Siae Requirsmaats pad Ratios
INSPECTION AND OTSER REQVIREI~NTS
[ x] Irrigation 9yatam
I x] Landscaping
[ ] Hardscape Items
[ x] Street tree Specifications
[ id Arboriet Report
[ x] Removal or destruction of trees
[ ] 9creaning Requirement (City, Dav.Code)
Note: The applicant must request, in vrriting, say chaagea to the Parke, Recreation sad
Community Services rsquiremente. Additional information
Arborist report is needed with the removal of 5 trees or more.
~~ii
CITY OF SAN BERNARDINO
DEPARTMENT OF
PARKS, RECREATION AND COMMUNITY SERVICES
POLICY
AND
PROCEDURE
FOR
LANDSCAPING AND IRRIGATION REQUIItEMENTS
COMMERCIAL, INDUSTRIAL AND MULTI-UNIT ~
DEVELOPMENT
FEBRUARY, 1997
• Table of Contents
I. Code Authority and Purpose
II. Submittals
A. Number of Plans and Submittal Procedures
B. Landscape Plans
C. Irrigation Plans
III. Landscape Areas
A. Maintenance of Landscaped Areas
B. Planter Areas
C. Interior Planter Areas
D. Irrigation
E. Setback Areas
F. Ground Cover and Bedding Material
G. Slope
H. Erosion Control
I. Weed Control
1V. Plant Materials
A. Climatic Conditions and Plant List
B. Plant Material and Size Ratio Requirements
C. Street Trees
V. Inspection
A. Irrigation System
B. Landscaping
VI. Other Requirements
CITY OF SAN BERNARDINO
REQUIREMENTS FOR SUBMITTAL AND APPROVAL OF
LANDSCAPE AND IRRIGATION PLANS
As stated in the City Development Code under Chapter 19.28.010, Purpose of Landscape
Standards, it states, "The purpose of this Chapter is to establish landscaping regulations that aze
intended but not limited to. "
I. CODE AUTHORITY AND PURPOSES
1. Enhance the aesthetic appearance of development in all areas of the City by
providing standazds relating to quality and functional aspects of landscaping and
landscape screening.
2. Increase compatibility between residential and abutting commercial and industrial
land uses.
The intent and purpose of these policies and procedures is to provide:
1. Guidance in the required submittal of landscape and irrigation plans
2. Guidance in meeting street tree regtrirements
3. Guidance in selection of plant materials
4. Guidance in what the landscape and irrigation plans shall show
It is the responsibility of the Parks, Recreation and Community Services Department to conduct
required inspections prior to the issuance of a Certificate of Occupancy (C of O). Refer to Page
7 for more details.
II. SUBMITTALS
A. NUMBER OF PLANS AND SUBMITTAL PROCEDURE
Five (5) copies of landscape and imgation plans shall be submitted to the Public
Works/Engineering Department along with payment of the appropriate Landscape Plan
Review Fee.
B. LANDSCAPE PLANS
1. Shall be drawn by one of the following:
A. A registered landscape architect
B. A licensed landscape contractor who installs the actual landscape
C. A nursery
D. The owner
-1-
NOTE: The name, address, telephone number, along with signature of the person(s) who
do the design shall be on the plans. Registered landscape architects and licensed
landscape contractors shall include registration numbers and/or license numbers.
2. Plans shall be legibly drawn to scale on paper no smaller than 18" X 24" and no
larger than 24" X 36".
3. Plans shall show location of the property by vicinity map and nearest cross streets
and give the property address or assessor's pazcel number.
4. Plans shall show location of existing and proposed utilities -above ground and
underground.
5. Plans shall show type of zoning, the scale and northerly directional arrow.
6. Plans shall contain plant legends for all existing and proposed plant material.
Plant legend shall provide the following:
A. Plant symbol
B. Plant name, botanical and common i
C. Plant size
D. Plant quantities
E. Spacing (feet on center, 100% coverage, etc.)
7. Plans shall show existing and proposed plant material drawn to scale at their
mature size.
8. Plans shall contain landscape specifications and details.
9. Plans shall show the name, address and telephone number of property owner or
developer.
C. IRRIGATION PLANS
1. All required landscaping shall be provided with an automatic irrigation system.
2. Irrigation plans shall be submitted with, attached to, and the same size as
landscape plans.
_ 3. As addressed in Chapter G19.28.130 Landscape Design Guidelines of the City
Development Code, plans shall address conservation of water and energy to include:
A. Components -low gallonage and low precipitation heads, drip systems and
other sub-surface techniques, mini
jet heads, moisture sensing devices,
controllers with ability of variable programming.
-2-
B. Eff c -velocity shall be as close as p~ble to 5 feet per second.
Plan material with different water requirements shall be on separate
valves. Slopes shall be on sepazate valves. System design shall eliminate
costly, wasteful overthrow and runoff.
4. Plans shall show:
A. Static P.S.I.
B. Service Main -type, size and length
C. Water Meter -location and size
D. Approved Backflow Prevention Device -location and size
E. All locations of pipe, valves and heads, (includes emitters, etc.)
5. Slopes required to be planted with efficient and water conserving irrigation
systems (over watering should be avoided.)
6. All sprinklers shall be installed with approved swing joints.
7. All sprinklers along pathways, driveways and any other area where foot traffic
occurs shall be the pop-up type, installed flushed with the soil. Irrigation heads
on risers are permitted where no foot traffic will occur.
8. Lateral irrigation pipe shall be Class 200 or better. Mainline shall be Class 315
or better. Irrigation sleeves to be Schedule 40 and 2 1!2 times the diameter of
lateral or mainline.
9. Separate water meter for landscape irrigation shall be optional at owner's request
and expense. Owner must notify the water department.
10. Plans shall contain irrigation installation specifications and details.
11. All irrigation lines shall be buried.. Mainline at least 18" and laterals 12" deep.
Brownline is not permitted.
12. Plans shall contain irrigation legends as follows:
EQUIPMENT
Symbol Manufacturer Model N Description Nozzle Radius GPM PSI
PIPE
Size Type Class or Schedule
-3-
NOTE: Piping sizi~(size) shall also be shown at each ~on of pipe, (mains and
laterals).
VALVE CHART
Valve Valve Size GPM
# 1 2 1/2" 43
# 2 1/2" 27
ETC. ETC. ETC.
Total of Valves: Total GPM: i
NUTS: All valves shall be numbered.
FRICTION (PSI LOSS)
" "Water Meter PSI
Backflow Device PSI
Elevation Changes PSI
pipe PSI
Valves, Fittings, Miscellaneous PSI
Total PSI Loss PSI
Original PSI (Static) PSI
'~ Less Totai PSI Loss PSI
Equals Minimum to Farthest HD
III. LANDSCAPE AREAS
A. MAINTENANCE OF LANDSCAPE AREAS
The maintena~e of landscape areas shall be the responsibility of the developer until all
required inspections have been completed by the Ciry of San Bernardino Parks,
Recreation and Community Services Departrnent and the "yellow" inspection record
signed.
B. PLANTER AREAS
All required turf areas shall be protected from other landscape areas i.e. groundcover
beds, shrub planters by a 6" concrete mow curb. Mow curb shall be 1" above fmished
grade.
-4-
, ;
C. IRRIGATION
All required landscaping shall be provided with automatic sprinkler facilities which shall
be maintained in an operative condition. Utilize only reduced pressure (rp) devices or
double check valve assembly. No atmospheric vacuum breakers are permitted.
D. SETBACK AREAS
All required setbacks around the perimeter of the property shall be landscaped (except
for walks and driveways which bisect or encroach upon the required landscape area).
The required setbacks shall be landscaped with trees, shrubs and groundcover. ~
Landscaped earth berms shall be erected and maintained within the setback. Betmed
areas shall have a maximum of 3:1 slope and be planted with a tall fescue type turf grass
or other approved landscaping. A minimum width of 5 feet of landscaping shall abe
placed on the exterior of perimeter building walls.
E. GROUND COVER AND BEDDING MATERIAL
Gravel and decorative rock aze permitted materials only if they are cemented or grouted
in place. Loose rock is not permitted.
F. SLOPE LANDSCAPE REQUIREMENTS
1. To protect against damage by erosion and negative visual impact, surfaces of all
cut slopes more than five (5) feet in height and fill slopes more than three (3) feet
in height shall be protected by landscaping. Slopes exceeding fifteen (15) feet in
vertical height shall also abe landscaped with shrubs spaced at not to exceed 10
feet on center and trees spaced at not to exceed 20 feet on center. Plant material
selected and planting method used shall be suitable for the soil and climatic
conditions on the site.
2. Plant sizes on slopes shall be as follows:
A. Trees 10% - 15 gallon
4996 - 5 gallon
5096 - 1 gallon
B. Shrubs 20% - 5 gallon
80% - 1 gallon
C. Groundcover 100% -coverage within one (t) year.
3. The maintenance of graded slopes and landscaped areas shall be the responsibility
of the developer until the transfer to individual ownership.
G. EROSION CONTROL
All grading and drainage facilities, including erosion control planting of graded slopes,
shall be done in accordance with a grading plan approved by the City Engineer. A
grading permit shall be obtained prior to any grading being done.
-5-
H. WEED CONTRO~ .
Pre-emergence control, post-emergence control and cultural control of weeds shall be
addressed on the landscape plans submitted by the landscape architect.
IV. PLANT MATERIALS
A. CLIMATIC CONDITIONS AND PLANT LIST
Due to the hot, dry climate of San Bernardino, drought and heat tolerant plant material
may be used upon prior approval. Plant list may be obtained from the Pazk Projects
Coordinator at (909) 384-5217.
B. PLANT MATERIAL AND SIZE RATIO REQUIREMENTS
Landscaped areas shall have plant material selected and planting methods used which arc
suitable for the soil and climatic conditions of the site. Sizes of the plant materials shall
conform to the following mix as required in the City Development Code.
Trees 20%, 24" box; 50%, 15 gallon; 15 %, 36" box; 15%, 48" box
Shrubs 80%, 5 gallon; 20%, 1 gallon
Groundcover 100% coverage within one (1) yeaz
Fifteen (15) gallon trees shall have a 1" to 1/2" diameter caliper - 5 inches above the top
of the rootball. They shall be 8' to 10' in height, with a 2' to 3' spread. Twenty-four
inch (24") box trees shall have a 1 3/4" to 2" diameter caliper - 5 inches above the
rootball. They shall be 9' to 10' feet in height, with a 4' to 5' spread.
C. STREET TREES
Street trees shall be required. Tree vazieties and exact location will be determined by
the Director of Parks, Recreation and Community Services Department. The Pazk
Projects Coordinator shall mark locations and inspect plant material on site, prior to
planting. Sidewalks, curbs and gutters must be clean of debris prior to marking. A 24- '
hour notice is required for inspection. The size of the street trees shall be 24" box
specimens. The 24" box trees shall be planted as street trees within the public pazkway
or Ciry property. For a list of street trees, please contact the Park Projects Coordinator
at the above referenced telephone number. j
V. INSPECTIONS
A. IRRIGATION SYSTEM
1. Inspections shall be performed by a Park and Recreation Department
representative at the following:
A. Depth of irrigation trenching, sleeving, mainline, lateral lines (prior to
burial), valve installation and irrigation head assembly.
B. Pressure test of irrigation mainline (150 PSI for 2 hours). j
-6-
o -:
2. Do not all~or cause the above items to be bu, prior to inspection and
' approval of tTie Park Department representative. A 24-hour notice shall be given
prior to anticipated inspections. Contact the Landscape Section at (909) 384-5217
or 384-5314.
B. LANDSCAPING
1. Inspection shall be performed by a Park and Recreation Department representative
at the following:
A. Upon completion of furished grade, soil preparation and final rake out.
B. When trees and shrubs are spotted for planting, with one example of
planting hole for trees and shrubs. Provide samples of plant fertilizer.
C. Final inspection when planting and all other specified work has been
completed.
2. A 24-hour notice shall be given prior to anticipated inspections. Contact the
Landscape Section at (909) 384-5217 or 384-5314.
VI. OTHER REQUIREMENTS
A. Notify the Pazks, Recreation and Community Services Department of commencement of
landscaping. Give anticipated time line (start-to-finish).
B. All landscaping, irrigation and street trees shall be installed and maintained in accordaace
with the City of San Bernazdino Municipal Codes, ordinances and standard requirements.
C. Material requirements for all planting material shall be number one (1) grade of the
California Nursery Industry Certificate as issued by the Agricultural Commissioner of
the County of origin.
D. Upon completion, City inspection and sign-off by City Landscape Inspector, the
Contractor shall be responsible for ninety (90) day plant establishment and maintenance
period. If landscape is not acceptable, the maintenance period will be extended by the
Park Projects Coordinator to insure the proper horticulture establishment.
E. All landscape material, irrigation equipment, irrigation components and workmanship
shall be guaranteed for a period of not less than one (1) vear from date of final approval
by the Ciry of San Bernardino Parks, Recreation and Community Services Department's
Director or his/her designee. The conditions of the guazantee will be to insure, but not
- limited to all plant material being in healthy condition and free from abnormal conditions
which may have occurred during or after planting, such as defoliation or structure
dieback.
F. ASSESSMENT DISTRICTS
Contact by the City of San Bernardino Parks, Recreation and Community Services
Department for Assessment District's Landscape Requirements. All other items on
Assessment Districts are covered by Public Works/Engineering.
1/28/97 amt,~,;,„~aW - 7 -
ATTACHMENT F
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
INTEROFFICE MEMORANDUM
TO: Valerie Ross, Principal Planner
FROM: ~aymond Casey, City Engineer
SUBJECT: University Commons
DATE: March 2, 2001
Public Works staff is still opposed to the proposed left turn break in the median on
University Avenue for reasons of public health and safety. Specifically, there is a concern
with the distance of travel across three lanes of potential speed of oncoming traffic,
particularly during non-peak periods when less overall traffic exists. Second, there is
concern that traffic will back up beyond this driveway from the University/Kendall
intersection in the future causing potential delays at the entrance (see attached).
However, should the Planning Commission decide to support the project with the median
break, Public Works staff would submit the following additional conditions of approval
for your consideration:
Require the developer to:
1. Design and construct an additional traffic signal at the proposed left turn
entrance on University providing, a stop phase for southbound traffic on
University when "tripped" by a vehicle preparing to make a left turn into the
center. This facility to be paid for utilizing a portion of the developer's traffic
system fee to fund 50% of the cost and the other 50% required of the
development. (Specific design to be determined during the final design
process.)
2. Design and construct interconnecting facilities among the three signals
(University/Kendall, proposed left turn entrance, and University/Northpazk).
3. Provide for adequate overall signage.
4. Have all truck deliveries utilizing the referenced left turn be made during non
peak hours (as determined during the final design process) and sign the turn
lane accordingly.
5. Bond for the re-establishment of the median should the City determine
through accident history review and technical analysis that it has become an
unmitigatable safety problem.
6. The referenced driveway should be relocated to the north as much as possible
to increase the uninterrupted stacking distance from the University/ Kendall
intersection.
CITY OF SAN BERNARDINO
Interoffice Memorandum
To: Youn Kim, Civil Engineering Associate
From: Anwaz Wagdy, Traffic Engineer
Subject: University Commons: University Parkway Median Cut Request ~
Date: Mazch 1, 2001
Copies: File No. 13.47, Reading
The following issues reiterate the City's rationale for not supporting the request to provide a
median cut access on University Pazkway to the development at this time. A local Traffic
Engineering consultant, Mr. Larry Eisenhart, has also expressed his opinion opposing the median cuU
• The City has strived to prohibit non-signalized median breaks along University Pazkway
between the I-215 Freeway and the University campus at the request of CalState.
• Staff previously requested on 1/18/01, a "scaled diagram" showing the locations of the
proposed median cut and access driveway on University Pazkway. This diagram was to include
vertical and horizontal alignment and existing median landscaping along University Pazkway
between Kendall Drive and a point 1,200 feet northerly of Kendall Drive. Precise "driver" line
of sight measurements at the median cut and driveway approach for approaching southbound
traffic on University Parkway were to be drawn on this diagram. The response is peudiug.
• Staff has concerns about future traffic queuing on University Pazkway at Kendall Drive that is
expected to occur as a result of projected annual growth rates of 5% at the University campus.
The Report's Yeaz 2010 Peak Hour projection analysis (see attachment) shows a queue length
of 49 southbound vehicles on University Parkway at Kendall Drive. Usine the Caltrans
Design Standazd of 30' length per vehicle storage the queue length of these vehicles equally
dispersed in each of the three (31 southbound through lanes will be 480 feet The
development's proposed driveway access/median cut location on University Pazkway is 360
feet north of Kendall Drive. It is apparent that this driveway will experience some difficulty
egressing onto University Pazkway during peak hour conditions as southbound vehicles queue
beyond this location. Vehicles desiring to make left-turns from the proposed median cut into
the development will also experience difficulty and delay, due to the queuing of the
southbound vehicles. This delay could cause queuing in the median opening storage pocket
which could lead to an overflow into the #1 through lane for northbound traffic on University
Pazkway.
• The proposed median cut potentially could encourage lane-weaving for northbound traffic on
University Pazkway at Kendall Drive as motorists attempt to `jockey" from other lanes to gain
access to the median opening.
ATTACHMENT G
CITY OF SAN BERNARDINO
INITIAL STUDY FOR
General Plan Amendment No. 00-O1; Conditional Use Permit No. 00-13;
Tentative Parcel Map No. 15537; Variance No. 00-10
PROJECT DESCRIPTION/LOCATION: - A request to change the land use district
from RL Residential Low to CG-3 General Commercial -University Village, for
approximately 6.66 acres of the 26.69 acre project site; a request to subdivide three
existing parcels into 4 lots and 20.03 acres as a remainder lot; a Conditional Use Permit
for fast food restaurants with drive-thrus, an Alcohol Beverage Control Type 21 off-
sale general license, and to address conditions related to the site location within the
Hillside Management Overlay District; a Variance to reduce parking and landscape
setback requirements. The proposed development is for two fast food restaurants (with
drive-thru) totaling 6,400 SF, one restaurant at 4,176 SF, an in-line food court totaling
11,977 SF, and a drugstore of 15,251 SF, for a total square footage of 37,804.
DATE: Januazy 18, 2001
PREPARED FOR
University Commons LLC
1341 Indiana Street
San Diego CA 92101
PREPARED BY
LILBURN CORPORATION
1905 Business Center Drive
San Bernardino CA 92408
REVIEWED BY
Independently reviewed, analyzed and exercised judgement
in making the determination, by the Environmental Review
Committee on Januazy 18, 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 DEPARTMENT
INITIAL STUDY
PROJECT DESCRIPTION
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 exempt from CEQA, qualifies for
a Negative Declaration or whether or not an Environmental Impact Report (EIR) must be prepared.
1. Project Title: GPA 00-O1; TPM 15537; CUP 00-13; Variance 00-10
University Commons LLC
2. Lead Agency Name: City of San Bernardino Development Services Deparhnent
Address: 300 North D Street, San Bernardino CA 92418
3. Contact Person: Joe Bellandi Phone Number: (909) 384-5057
4. Project Location (Address/Nearest cross-streets): The proposed project is located on the NWC of
Kendall Drive and University Parkway.
5. Project Sponsor: University Commons LLC/Howard Berkson
Address: 1341 Indiana Street
San Diego CA 92101
6. General Plan Designation: Existing designation CG-3 and RL Residential Low (proposed change
to CG-3 General Commercial -University Village, for approximately 6.66 acre of the site).
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 features necessary for its implementation.
Attach additional sheets, if necessary):
The proposed project consists of the following components: a General Plan Amendment from RL
Residential Low to CG-3 General Commercial -University Village, for approximately 6.66 acres of
the 26.69 acre project site; a Tentative Parcel Map to subdivide three existing parcels into 41ots and
20.03 acres as a remainder lot, identified as "Not A Part"; a Conditional Use Permit for fast food
restaurants with drive-thrus, an Alcohol Beverage Control Type 21 off-sale general license, and to
address conditions related to the site location within the Hillside Management Overlay District; a
Variance to reduce parking and landscape setback requirements. The site plan/development review
approval is for two fast food restaurants (with drive-thru) totaling 6,400 SF, one restaurant at 4,176
SF, an in-line food court totaling 11,977 SF, and a drugstore of 15,251 SF, for a total square footage
of 37,804.
Parking required on-site for the proposed uses is 287 spaces, 294 total spaces will be provided, many
of which will be located within the Edison easement that traverses the site. Access to the site will be
provided by one driveway onto University Parkway, and two proposed driveways onto Kendall Drive.
G/Projectl570.00/ iS.MAPCO LS-1 January 22, 2001
• CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
INITIAL STUDY
8. Surrounding Land Uses and Setting: The site is situated at the base of a steep hill. The azea
proposed for development has an existing slope of 5 to 9 percent and is accessible from Kendall Drive
and University Pazkway. The hillside area north of the site is somewhat undisturbed, however, there
is evidence ofoff--road use, "hillside graffiti" (the use of rocks to form words and letters), and excess
trash. The lower level of the site appears to have regular trespass and disking for weed control.
On the southeasterly side of University Parkway is an existing apartment community; at the southerly
corner of Kendall and University Parkway is a small commercial center featuring an El Pollo Loco
Restaurant, an Econo Lube-N-Tune, along with other in-line shops. On the southwesterly side of
Kendall Drive is an existing single-family residential neighborhood. Table 1 identifies surrounding
land use and zoning. Continuing northerly on University Parkway is the main entrance to the
California State University, San Bernazdino (CSUSB).
Table 1
Existing Land Uses and Land Use Designations for Areas Immediately
Ad'acent to the Pro osed Pro'ect
Location Land Use Designation Land Uses
l~TOrth RI, Undeveloped hillside azea
SOUth RS, CG-1, RM Single-family residential;
commercial development;
multi-famil residential.
East RM Multi-family residential
West RL Undeveloped hillside area
Source: City of San Bemazdino General Plan, 1989; site visit.
LEGEND:
RL -Residential Low (up to 3.1 dwelling units per acre)
RS -Residential Suburban (up to 4.5 dwelling units per acre)
RM -Residential Medium (up to 14.0 dwelling units per acre)
CG-1 -Commercial General
9. Other agencies whose approval is required (e.g., permits, financing approval, or participation
agreement): The following permits will be required for construction and/or operation of the proposed
project:
X National Pollution Dischazge Elimination System (NPDES) Permit from the Regional Water
Quality Control Boazd (RWQCB), Santa Ana Region
G:/Projectl570.00/ IS.MAPCO 1.5-2 January 22, 2001
L _-
...,
---
CALIFORNIA
STATE
UNIVERSITY
SAN BERNARDINO
Vv
. -TSI7.
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0....
t
N
Not To Scale
last Revised: October 26, 2000
Figure 1
nKatz, Okitsu & Associates
......... Traffic Enginurs and Tramporration PlwIner.f
Vicinity Map
INITIAL STUDY
AgpIN~ I•
SAN BERN R
CITY OF D BUILDING SE ~l.;
y~,NNING ~ ~)I ~fi. `,p /.
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`,'~ t`\ FiguTe 2 -Site Y1'
~ ~
ti,
'•.~ ,
Photo 1: Looking northerly along the property boundary adjacent to University Parkway.
Photo 2: Looking northerly onto the site from the corner of University Parkway and Kendall Drive
LILBURN
Site Photographs
Planning and Building Services
City of San Bernardino, California
Figure 3
CORPORA TION
15-5
• CITY OF SAN BERNARDINO •
DEVELOPMENT SERVICES DEPARTMENT
INITIAL STUDY
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
The enviromnental 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.
~ Land Use and Planning px Transportation/Circulation t Public Services
t Population and Housing ?x Biological Resources f Utilities
?x Earth Resources r Energy and Mineral Resources t Aesthetics
C] Water t Hazards t Cultural Resources
~ Air Quality ?x Noise t Recreation
~x Mandatory Findings of Significance
Determination.
On the basis of this Initial Study, the City of San Bernardino, Enviromnental Review
Committee finds:
That the proposed project COULD NOT have a significant effect on the enviromnent, and t
a NEGATIVE DECLARATION will be prepared.
That although the proposed project could have a significant effect on the environment, there x?
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 enviromnent, and an t
ENVIRONMENTAL IMPACT REPORT is required.
That although the proposed project could have a significant effect on the environment, there t
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.
Signatu Date
.mil n e ~P ~~A ~lJ ~ T
Printed Name
G:/PmjecU570.00/ iS.MAPCO IS-6 January 22, 2001
• CITY OF SAN BERNARDINO •
DEVELOPMENT SERVICES DEPARTMENT
INITIAL STUDY
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
I. LAND USE AND PLANNING. Will the
ro osal result in:
a) A conflict with the land use as I' I' r ~
designated based on the review of the
General Plan Land Use Plan/Zoning
Districts Ma ?
b) Development within an Airport District t I' r ?x
as identified in the Air Installation
Compatible Use Zone (AICUZ) Report
and the Land Use Zonin District Ma ?
c) Development within Foothill Fire Zones I' r ?x r
A & B, or C as identified on the Land
Use Districts Zonin Ma ?
d) Other? t I' r f
II. POPULATION AND HOUSING. Will the
ro osal:
a) Remove existing housing (including t r r ?x
affordable housing) as verified by a site
surve /evaluation?
b) Create a significant demand for r r I' O
additional housing based on the
proposed use and evaluation of project
size?
c) Induce substantial growth in an area t r t ?x
either directly or indirectly (e.g., through
projects in an undeveloped area or an
extension ofmajor infrastructure)?
I
G/Projectl570.00/ IS.MAPCO IS_7 January 22, 2001
• CITY OF SAN BERNARDINO •
DEVELOPMENT SERVICES DEPARTMENT
INITIAL STUDY
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
III. EARTH RESOURCES: Will the proposal
result in:
a) Earth movement (cut and/or fill) on t t t
slopes of 15% or more based on
information contained in the Preliminary
Pro'ect Descri tion Form No. D?
b) Development and/or grading on a slope t ?x t t
greater than 15% natural grade based on
review of General Plan HMOD ma ?
c) Erosion, dust or unstable soil conditions I" x? t f'
from excavation, adin or fill?
d) Development within the Alquist-Priolo r x? r t
Special Studies Zone as defined in
Section 12.0-Geologic & Seismic,
Fi ure 47, of the Ci 's General Plan?
e) Modification of any unique geologic or f' I' ?x r
h sical feature based on field review?
fj Development within areas defined as r ?x r r
having high potential for water or wind
erosion as identified in Section 12.0-
Geologic & Seismic, Figure 53, of the
Cit 's General Plan?
g) Modification of a channel, creek or river t I' I' ~
based on a field review or review of
USGS Topographic Map San
Bernardino. North.
h) Development within an area subject to t ?x t t
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?
G:/ProjecU570.00/ IS.MAPCO IS-8 January 22. 2001
• CITY OF SAN BERNARDINO •
DEVELOPMENT SERVICES DEPARTMENT
INITIAL STUDY
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
i) Development within an area subject to I' r r ?x
liquefaction as shown in Section 12.0-
Geologic & Seismic, Figure 48, of the
Cit 's General Plan?
j) Other? i' r r r
IV. WATER. Will the ro osal result in:
a) Changes in absorption rates, drainage I I' ?x I'
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
ro osed site lan?
b) Significant alteration in the course or I I' t x?
flow of flood waters based on
consultation with Public Works staff?
c) Discharge into surface waters or any I' x? t I'
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 I' t t x?
otmd water?
e) Exposure of people or property to flood I' t r ~
hazards as identified in the Federal
Emergency Management Agency's Flood
Insurance Rate Map 06071C7940F and
Section 16.0-Flooding, Figure 62, of the
Cit 's General Plan?
f) Other? I I' I' t
V. AIR UALITY. Will the ro osal:
G:/ProjecU570.00/ IS.MAPCO IS-(~ ]anuary 22, 2001
• CITY OF SAN BERNARDINO •
DEVELOPMENT SERVICES DEPARTMENT
INITIAL STUDY
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
a) Violate any air quality standard or r 0 I' r
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 pollutants? r r ?x r
c) Alter air movement, moisture, or I' r r 0 I'
temperature, or cause any change in
climate?
d) Create objectionable odors based on r r r ~
information contained in the Preliminary
Environmental Descri tion Form?
VI. TRANSPORTATION/CIRCULATION.
Could the ro osal result in:
a) A significant increase in traffic volumes t r ?x t
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 t r ~ r
1 i ?
ctrcu at on
c) A disjointed pattern of roadway t t r x?
im rovements?
d) Impact to rail or air traffic? r t r ~
e) Insufficient parking capacity on-site or r t t ?x
off-site based on the requirements in
Chapter 19.24 of the Development
Code?
f) Increased safety hazards to vehicles, r ?x r t
bic clists or edestrians?
g) Conflict with adopted policies t r I' ~
su ortin alternative trans ortation?
G:/ProjecU570.00/ IS.MAPCO IS-1 ~ January?2, ?001
• CITY OF SAN BERNARDINO •
DEVELOPMENT SERVICES DEPARTMENT
INITIAL STUDY
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
h) Inadequate emergency access or access r t I' t]
to nearb uses?
i) Other? r r I' r
VII. BIOLOGICAL RESOURCES. Could the
ro osal result in:
a) Development within the Biological I' x? I' i'
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 r r t ?x
species or their habitat (including, but
not limited to, plants, mammals, fish,
insects and birds ?
c) Impacts to the wildlife disbursal or I' t I' x?
mi ation corridors?
d) Impacts to wetland habitat (e.g., marsh, I' t i' x?
ri arian and vernal ool ?
e) Removal of viable, mature trees based on t ?x t r
information contained in the Preliminary
Project Description Form and verified by
site survey/evaluation (6" or greater
trunk diameter at 4N above the ound ?
f) Other? t t r r
G:/ProjecU570.00/ IS.MAPCO L~-11 January 22, 2001
• CITY OF SAN BERNARDINO •
DEVELOPMENT SERVICES DEPARTMENT
INITIAL STUDY
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
VIII. ENERGY AND MINERAL RESOURCES.
Would the ro osal:
a) Conflict with adopted energy r r r ~
conservation lans?
b) Use non-renewable resources in a r r r ~
wasteful and inefficient manner? I
c) Result in the loss of availability of a r r r ~
known mineral resource that would be of
future value to the region and the
residents of the State?
IX. HAZARDS. Will the ro osal:
a) Use, store, transport or dispose of r r r ~
hazardous or toxic materials based on
information contained in the Preliminary
Environmental Description Form, No.
G(1) and G(2) (including, but not limited
to, oil, pesticides, chemicals or
radiation ?
b) Involve the release of hazardous r r r ~
substances?
c) Expose people to the potential r r r ~
health/safet hazards?
d) Other? r r r r
X. NOISE. Could the ro osal result in:
a) Development of housing, health care r r r r
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?
G:/ProjecV570.00/ IS.MAPCO IS-12 January 22, 2001
• CITY OF SAN BERNARDINO •
DEVELOPMENT SERVICES DEPARTMENT
INITIAL STUDY
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
b) Development of new or expansion of X
existing industrial, commercial or other r ~ r r
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(1) and evaluation of surrounding land
uses No. C, and verified by site
surve /evaluation?
c) Other? r r r r
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
followin areas:
a) Fire protection? r r ~ r
b) Medical Aid? r r r ?x
c) Police protection? r r r ~
d) Schools? r r r ~
e) Parks or other recreational facilities? r r r ?x
f) Solid waste disposal? r r D r
g) Maintenance of public facilities, r r ?x r
includin roads?
h) Other governmental services? r r r ?x
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?
G:/ProjecU570.00/ IS.MAPCO IS-13 January 22. 2001
• CITY OF SAN BERNARDINO •
DEVELOPMENT SERVICES DEPARTMENT
INITIAL STUDY
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
a) Natural gas? r r r x?
b) Electricity? r r ~
c) Communications systems? t r t ?x
d) Water distribution? t r t ~
e) Water treatment or sewer? r t ?x t
f) Storm water drainage? r r ~ I'
g) Result in a disjointed pattern of utility r t t ~
extensions based on review of existing
atterns and ro osed extensions?
h) Other? I' I' I' r
XIII. AESTHETICS.
a) Could the proposal result in the r r x? r
obstruction of any significant or
important scenic view based on
evaluation of the view shed verified by
site surve /evaluation?
b) Will the visual impact of the project r r r ~
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 glaze that r r ~ r
could im act sensitive rece tors?
d) Other? t r r r
XIV. CULTURAL RESOURCES. Could the
~ ro osal result in:
a) Development in a sensitive t I' I' ~
azchaeological area as identified in
Section 3.0-Historical, Figure 8, of the
Cit 's General Plan?
G:/PmjecU570.00/ IS.MAPCO IS-14 7anuary 22, 2001
• CITY OF SAN BERNARDINO •
DEVELOPMENT SERVICES DEPARTMENT
INITIAL STUDY
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
b) The alteration or destruction of a I' t ?x I'
prehistoric or historic archaeological site
by development within an azchaeological
sensitive area as identified in Section
3.0-Historical, Figure 8, of the City's
General Plan?
c) Alteration or destruction of a historical i' I' I' x?
site, structure or object as listed in the
City's Historic Resources
Reconnaissance Surve ?
d) Other? t t I' I'
XV. RECREATION. Would the ro osal:
a) Increase the demand for neighborhood or r t t x?
regional pazks or other recreational
facilities?
b) Affect existing recreational t r r ~
0 ortunities?
XVI. MANDATORY FINDINGS OF
SIGNIFICANCE.
a) Does the project have the potential to r ?x t t
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 histo or rehisto ?
b) Does the project have the potential to I ?x r r
achieve short-term, to the disadvantage
of Jon -term, environmental oals?
c) Does the prof ect have impacts that are I' I ~ r
G:/ProjecV570.00/ IS.MAPCO IS-15 January 22, 2001
• CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
INITIAL STUDY
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
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
robable future ro'ects.
d) Does the project have environmental r t r ~
effects which will cause substantial
adverse effects on human beings, either
directly or indirectly?
cavroieouno.ooi Js.mnrco IS-16 January 22, 2001
• CITY OF SAN BERNARDINO •
DEVELOPMENT SERVICES DEPARTMENT
INITIAL STUDY
REFERENCES. The following references cited in the Initial Study are on file in the Planning and Building
Services Department/Public Works Deparhnent.
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. Archaeological Assessment, prepared by Archaeological Associates, Revised March 1999.
11. Biological Resources Survey, prepared by Lilburn Corporation, March 1999.
12. Traffic Study, prepared by Katz, Okitsu & Associates, December 2000.
13. Preliminary Geotechnical Investigation (and subsequent addendums), prepazed by Terra GeoSciences,
January 1998.
14. Landslide Evaluation, prepared by Terra GeoSciences, dated December 1998.
15. Geotechnical Update, prepared by WAC Geotechnical Inc. dated October 6, 2000.
16. Fuel Modification Plan, prepazed by Wildfire Aware, September 2000.
I
G:/Projectl570.00/ [S.MAPCO IS-17 January 22, 2001
CITY OF SAN BERNARDINO •
DEVELOPMENT SERVICES DEPARTMENT
INITIAL STUDY
DISCUSSION OF IMPACT LEVELS AND MITIGATION MEASURES
I. LAND USE AND PLANNING
a) The project sponsor is proposing the development of a restaurant/retail complex, a drugstore, two fast
food restaurants with drive-thru capability, and an in-line food court. The westerly portion of the site
is currently zoned CG-3, Commercial General, while the easterly portion is RL, Residential Low. The
General Plan Amendment is requested to change the RL designation to CG to zone the entire site CG-
3 to accommodate the proposed commercial uses.
The proposed project is compatible with development in the surrounding area which is both multi-
family and single-family residential and commercial (see Table 1). University Pazkway is the primazy
route of access for CSUSB, and is therefore a prime location for food use and convenience services
as proposed by the project. No significant impacts to land use will result from the proposed project.
b) The proposed project is not within an Airport District as identified in the Air Installation Compatible
Use Zone (AICUZ) Report and the Land Use Zoning District Maps. The closest airstrips or airports
are located approximately 8 miles to the southwest (San Bernardino International Airport, former
Norton Air Force Base) and approximately 5 miles to the west (Rialto Municipal Airport). There aze
no significant project-related impacts associated with airports or airfields.
c) The project site is located in Fire Hazazd Zone C -Moderate Fire Hazard, as shown on City of San
Bernardino General Plan (CGP) Figure 61, and portions of the site were burned in 1980 (CGP Figure
60). A Fuel Modification Plan has been prepazed by Mr. John Hatcher, Wildfire Awaze. The Fuel
Modification Plan (FMP) addresses the over-all wildland fire hazazds and associated risks that may
threaten life and property of the proposed development. From a fire protection perspective, the azea
of concern is the hillsides north of the project site, the remainder of the surrounding area is developed.
The FMP has been approved by the Fire Marshal dated October 5, 2000; recommendations will be
incorporated into the landscaping and slope revegetation plans for the project. The Plan identifies a
Fuel Modification Zone which includes the following components:
• A wildland fire hazard rating assessment and expected fire behavior ofoff--site and on-site native
vegetative fuels;
• Along term "firewise landscaping" and fuel modification treatment plan to be implemented by
azound the periphery of the proposed development; and
• Building design and construction criteria.
II. POPULATION AND HOUSING
a) The project site is undeveloped. The proposed project will not result in the removal of any existing
housing, and therefore, no impacts to housing will occur.
b) The proposed project will not create a significant demand for additional housing. The proposed project
is the last remaining undeveloped parcel at the intersection of University Parkway and Kendall Drive.
G/ProjecU570.00/ IS.MAPCO IS-18 7anuary 22, 2001
• CITY OF SAN BERNARDINO •
DEVELOPMENT SERVICES DEPARTMENT
INITIAL STUDY
Typical development in the surrounding azea includes apartment communities, single-family
neighborhoods, and neighborhood and service oriented commercial development that provides goods
and services for the residents and University students.
c) As one of the last undeveloped parcels in the immediate azea, the proposed project is not growth
inducing, either directly or indirectly. No additional housing will be provided, and no major
infrastructure expansion is necessary in order to serve the project.
III. EARTH RESOURCES
The San Bernardino region lies within a natural geomorphic province in California known as the
Peninsular Ranges. The project site is included in asub-structural unit of the Peninsulaz Ranges
known as the San Bernardino Valley Block. This Block is essentially a depressed region bounded
by the faults to the northeast (San Andreas), the southwest (San Jacinto) and south (Banning). The
site lies in the northwestern portion of the Block, in the upper reaches of the San Bernardino
Valley.
The San Bernazdino Valley has been formed by a series of coalescing alluvial fans from the
surrounding highlands, of which the Cajon Creek and other lesser tributaries have contributed to
the majority of the alluvial deposition in the vicinity of the site. Alluvial and coazse-grained
deposits, originating from degradation and slope wash of the hillside, have settled on the site.
a/b) The lower portion of the site ranges from 3 percent to 10 percent slope, while the degree of slope
increases rapidly towards the hillside to 50 percent or more. Grading to accommodate development
of the site traverses to the peak of the hillside (approximately 160-feet in length and up to 47-feet in
depth) in two separate locations. Therefore, grading is proposed on slopes of greater than 15 percent.
Any portion of the site that contains a natural slope of 15 percent or greater is included within the
Hillside Management Overlay District (HMOD). The standazds contained with the HMOD apply to
all development within the district, and are in addition to the underlying zoning designation, which
in this case is CG-3. Within the HMOD the proposed grading must retain the natural landform
chazacter of the site. Grading of the hillsides shall be accomplished based on the requirements of the
HMOD:
ER-1 Grading of slopes in excess of 15 percent shall conserve the natural topographic features
and appearances by means of landform sculpturing to blend the graded slopes and
benches with the natural topography.
ER-2 The proposed grading scheme shall retain the major natural topographic ridgelines and
canyon features of the hillside through contour grading techniques.
ER-3 An Interim Erosion Control Plan, specifically addressing slope grading, shall be certified
by the project engineer and approved by the Public Works Division. 'I
ER-4 Slopes created by grading shall not exceed 2H:1 V (50 percent slope) without the approval ~I
G:/ProjecU570.00/ IS.MAPCO 15-19 January 22, 2001
• CITY OF SAN BERNARDINO •
DEVELOPMENT SERVICES DEPARTMENT
INITIAL STUDY
of a soils report and slope stabilization study, or as approved by the Public Works
Division, where it is determined that graded slopes will result in a natural appearance
and will not create geological or erosion hazards.
Grading of the proposed hillside was reviewed by WAC Geotechnical Inc. (October 2000). The report
concluded that conventional grading equipment can be used to make the necessary cuts, and given the
prevailing structural orientation of the schist, and the similar gradient of the natural slope as compazed
to the proposed 2:1 maximum graded slope, that the proposed slopes aze considered to be geologically
stable.
c) The site is underlain at depth and along the hillside by metamorphic bedrock, locally referred to as the
Pelona schist. Surficially along the lower portions of the site, several alluvial units of varying
composition and depositional nature are present. These materials include alluvium, debris fan deposits
and Pelona schist.
Alluvium: The alluvium is confined to the lower elevations of the site. The alluvial materials are
comprised of interbedded fine- to coarse-grained sands, gravelly sands, and cobbly sands. The total
thickness of the material is not known, but is underlain at depth by bedrock materials.
Debris Fan Deposits: The sediments found along the small canyons and the base of the hillsides are
weathered bedrock materials and colluvial soils that have been inter-mixed and deposited by debris
flows, slope wash, and landsliding, and normal soil erosion processes. These materials aze composed
of massive, fine- to medium-grained gravelly silty sands and were noted to be a uniform depth
(approximately 33-feet) explored across the site.
Pelona Schist: Forming the hillsides across the site is metamorphic bedrock, comprised of thinly-
foliated, fine-grained schist, locally referred to as Pelona schist. The bedrock is exposed along
numerous locations along the hillsides and was found to be highly weathered and intensely fractured.
This unit was locally weak, crumbly, and very friable. Numerous landslides and slumps were
observed within the bedrock (refer to III.h.).
The azeas of proposed building support (building footprint) will require removal of loose alluvial soil
to competent in-place, field-approved dense alluvial materials. It is anticipated that removal depths
will range from 5 to 7 feet. The following mitigation is recommended by WAC Geotechnical Inc. in
their evaluation dated October 2000:
ER-5 Pad cut areas shall be over-excavated a minimum of 5-feet and scarified 12-inches and
compacted with void replacement of compacted fill to insure a uniform fill mat for
building support. All proposed footings shall have a minimum of 36-inches of fill below
base of footing. The geotechnical engineer will predicate actual depth of removals upon
exposed field conditions. All fill shall be placed under the observation and testing of a
soils engineer and as noted in the "Earthwork/General Grading Recommendations" in
the report prepared by WAC Geotechnical Inc, October 2000 (or subsequent reports
approved by the Public Works Division).
G:/ProjecU570.00/ IS.MAPCO IS-20 January 22, 2001
• CITY OF SAN BERNARDINO •
DEVELOPMENT SERVICES DEPARTMENT
INITIAL STUDY
ER-6 For adequate support of all proposed structures, the footing and foundation
recommendations as outlined in the Geotechnical Update prepared by WAC
Geotechnical Inc. dated October 2000 (or subsequent reports approved by the Public
Works Division).
Dust will be generated during grading of the site. Regular watering on a daily basis as required to
reduce dust hazazds will occur during conshuction in accordance with Southern California Air Quality
Management District (SCAQMD) Rule 403. Rule 403 requires implementation of best available
fugitive dust control measures during active operations with additional measures implemented under
high wind conditions. See Air Quality for further discussion of fugitive dust control.
High wind affects dust generation characteristics and creates the potential for off-site air quality
impacts, especially with respect to airborne nuisance and pazticulate emissions. The potential exists
for wind erosion of the disturbed soils during periods of high winds. Minimizing wind erosion
potential of the undeveloped phases of the site will be achieved through temporary landscaping and
soil binders.
Compliance with SCAQMD Rule 403 and mitigation measure AQ-1 in Section V.a. will ensure that
potential erosion of soils, will remain less than significant.
d) The City of San Bernazdino is situated in a seismically active region where numerous faults, capable
of generating moderate to lazge earthquakes, are located. The San Andreas fault traverses the City in
anorthwest-southeast direction along the foothills of the San Bernardino mountains. The project site
is located approximately 1'/o miles southerly of the San Andreas fault system. The Glen-Helen and
San Jacinto faults also traverse the City in anortheast-southwest direction through Cajon and Lytle
Creeks. The project site is approximately 1'/z miles northerly of the Glen-Helen fault system.
As noted in the Geotechnical Investigation prepared by Teaa GeoSciences (January 1998), Fife (1976)
previously delineated a possible fault to traverse the northern flank of the bedrock ridge at the site,
although it is not known to traverse through the proposed project site. Deep buried faults may be
present near the margins of the elevated bedrock ridges in the northern San Bernardino Valley (such
as the hill present on the subject site), although none have been positively identified or assessed for
activity levels.
Both fault zones are located within anAlquist-Priolo Special Study Zone, a designation given when
surface rupture may occur in the immediate vicinity due to movement along these faults. The project
site is located outside the limits of the Alquist-Priolo Special Studies Zones for the San Andreas and
the Glen-Helen/San Jacinto faults, as defined in the City's General Plan (reference Figure 47 of the
City of San Bernardino General Plan); therefore, surface rupture is not likely to occur on the site.
However, the vicinity is likely to experience peak ground acceleration from a maximum credible
earthquake of magnitude 8.5 on the San Andreas Fault and 7.5 from the San Jacinto fault (reference
Figure 46, of the General Plan).
Due to the likelihood of earthquakes to occur within either of the large fault zones, the City requires
that projects such as this include asoils/geotechnical study to determine the impacts likely to occur
G:/Projecd570.00/ IS.MAPCO IS-21 7anuary 22, 2001
• CITY OF SAN BERNARDINO •
DEVELOPMENT SERVICES DEPARTMENT
INITIAL STUDY
on a specific project site. A Geotechnical Investigation has been prepazed by Terra GeoSciences and
Updated by WAC Geotechinal Inc. Recommendations of those investigations aze incorporated in the
design and construction of the structures.
Groundshaking is due to seismic waves emanating from the epicenter after initial movement on the
fault. Groundshaking will impact structures during earthquakes. The magnitude of the impact is
related to the construction of the building and its foundation. The City has adopted seismic
performance standazds for all new construction. The building proposed on-site would be constructed
in conformance with the Uniform Building Code and any additional performance standards adopted
by the City. It is anticipated that major earthquake groundshaking will occur during the lifetime of
the proposed project from the either the San Andreas or the Glen-Helen faults.
With adherence to the recommendations made by the geotechnical engineer, potential significant
impacts associated with earthquakes in general would be less than significant. The following
mitigation measure shall be implemented:
ER-7 Site grading and preparation of areas that will support structures shall be in
conformance with the recommendations made by the soils/geotechnical engineer
preparing the investigation of the site prepared by WAC Geotechnical Inc. dated
October 2000 (or other subsequent study required by the City of San Bernardino Public
Works/Engineering Division).
e) The proposed project includes the grading of two ridgelines which are prominently visible in the
immediate azea. With implementation of Mitigation Measures outlined in IILa/b the resulting impact
of the graded slope face will be less than significant.
~ The site is located in an area identified as having High Potential for Water erosion (CGP, Figure 53).
The potential for adverse water erosion impacts will be maintained at less than significant levels
through the development and implementation of an erosion control plan prior to commencement of
construction activities. The erosion control plan shall contain but not limited to, the following
measures:
ER-8 An erosion control plan shall be prepared and implemented for the proposed project that
identifies specific erosion control measures to control on-site and off-site erosion from the
time of ground disturbing activities are initiated through grading completion. This
erosion control plan shall include the following measures at a minimum:
a. Specify the timing of grading and construction to minimize soil exposure to rainy
periods experienced in Southern California.
b. An inspection and maintenance program shall be included to ensure that any erosion
which does occur either on-site or off-site as a result of this project will be corrected
through a remediation or restoration program within a specified time frame.
g) No modification to any natural streams or creeks, as identified on the San Bernardino North, Calif.
USGS Quad Map, will occur.
G:/Pmjecf/570.00/ IS.MAPCO IS-22 January 22.2001
• CITY OF SAN BERNARDINO •
DEVELOPMENT SERVICES DEPARTMENT
INITIAL STUDY
h) Regional subsidence due to water extraction has historically occurred in the southern and central
portions of the City largely due to the extraction of water. Subsidence is not considered a problem at
the location of the proposed project (CGP, Figure 51).
Landsliding can occur during an earthquake in areas where there are extreme changes in elevation such
as in the foothills or mountain areas. The site is identified as an area susceptible to landslides (CGP,
Figure 52). Scattered across the hillsides at and adjacent to the project site are numerous
landslides/slumps (Geotechnical Investigation, prepared Terra GeoSciences, January 1998). The
majority of the slides azea noted to be shallow and characterized by both debris flow components and
soiUrock creep. The Pelona schist (as described above) is the most landslide prone and the most easily
distortable basement rock of the Inland Valley region.
No lazge gross or deep-seated landslides were observed at the site; however, based on the local
geomorphic features, most landslides in the Pelona schist are small (less than 6-feet thick), and
commonly have no definition of the toe or distal margins. However, due to the number of landslides
observed at the site and the nature of the materials as described in the Geotechnical Investigation
prepared by Terra GeoSciences, and summarized herein, the following mitigation is recommended
(Landslide Evaluation prepared by Terra GeoSciemces, December 1998):
ER-9 Construct an impact wall, deflection wall or the equivalent along the perimeter of the toe
of the natural slopes. Such a wall shall be designed by a civil and/or structural engineer,
based on anticipated slide thickness, slope angles, velocities, and other factors deemed
necessary for proper analysis.
i) Groundwater was not encountered within the exploratory borings or trenches to depths of up to 36.5-
feet. The project site is located within the Bunker Hill Basin, which is a sub-unit of the greater Upper
Santa Ana Valley Groundwater Basin in Southern California. Based on groundwater contour data
(Geotechnical Investigation, January 1998), the depth to the expected ground water table is
approximately 90-feet.
Liquefaction is a phenomenon that occurs when strong eazthquake shaking causes soils to collapse
from a sudden loss of cohesion and undergo a transformation from a solid state to a liquefied state.
This happens in azeas where the soils aze saturated with groundwater. Loose, soils with particle size
in the medium sand to silt range are pazticulazly susceptible to liquefaction when subjected to seismic
groundshaking. Affected soils lose all strength during liquefaction and failure of building foundations
can occur. The project site is not located within an azea of Liquefaction Susceptibility, Figure 48, of !i
the General Plan. '
IV. WATER
a) The project will result in changes to absorption rates, drainage patterns, and the amount of surface
runoff due to the proposed site improvements and facilities, including buildings and paved surfaces.
Proposed site improvements include a Sav-On drug store, arestaurant, an in-line food court and two
fast food restaurants, with building area totaling 37,804 square feet. The proposed plans for drainage
must be approved by the City of San Bernardino Public Works Division.
caa~oie~uno.ooi ~s.Mnrco IS-23 January 22, 2001
• CITY OF SAN BERNARDINO •
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b/c/d) The site lies at the northwest corner of Kendall Drive and University Pazkway. Storm water collected
on-site is diverted to an existing storm drain system in Kendall Avenue. Improvements to the project
site include curbs, gutters and swales as necessary to drain the site, including inlets, catch basins and
storm drain connection to the existing 45-inch storm drain located within Kendall Avenue, and
continuing southerly on University Pazkway in existing 48- and 52-inch storm drains.
To ensure that potential impacts associated with flooding and stonnwater conveyance are less than
significant, the following measure will be implemented:
W-1 A site specific drainage study which meets the standards of the City of San Bernardino
Public Works Division will be prepared by a Civil engineer. All recommendations from
this analysis, including facilities necessary to mitigate drainage impacts, shall become
conditions of project development and shall be incorporated in all grading and site
improvement plans.
e) The site is not located within a 100-year Flood Zone as identified in Figure 62 of the General Plan.
The 100-year flood-plain, is typically confined to creeks and channels, under jurisdiction of the San
Bernazdino County Flood Control District.
V. AIR QUALITY
a) Air quality is affected by both the rate and location of pollutant emissions and by meteorological
conditions which influence movement and dispersal ofpollutants. Atmospheric conditions such as wind
speed, wind direction, and air temperature gradients, along with local topography, provide the link
between air pollutants and air quality.
The project is in the northeast portion of the South Coast Air Basin (SCAB), which includes Orange
County, and portions of Los Angeles, Riverside, and San Bernazdino counties. The SCAB is an area of
6,600 square miles bounded by the Pacific Ocean to the west and the San Gabriel, San Bemazdino, and
San Jacinto mountains to the north and east. The mountains which reach heights of up to 11,000 feet
above mean sea level (msl), act to prevent airflow and thus the transport of air pollutants out of the basin.
The San Bernardino Valley portion of the SCAB is designated non-attainment for nitrogen dioxide,
sulfates, particulate matter, and ozone. The criteria pollutants identified in the SCAB that would be
associated with the proposed project include:
- Ozone (O,)
- Carbon monoxide (CO)
-Nitrogen dioxide (N02)
-Particulate matter (PM,p)
-Sulfur dioxide (S02)
- Reactive Organic Compounds (ROC)
SCAQMD adopted the Fina11994 Air Quality Management Plan (AQMP) revision in September 1994
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CITY OF SAN BERNARDINO •
DEVELOPMENT SERVICES DEPARTMENT
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and a draft 1997 update in August 1996 to establish a comprehensive control program to achieve
compliance with federal and state air quality standards for healthful air quality in the SCAB. The Final
AQMP was adopted by the AQMD Board in November 1996 and has since been approved by the
California Air Resources Board (GARB). The AQMP policies serve as the framework for all control
(pemritting) efforts in the SCAB as enforced by the SCAQMD for stationary sources. GARB regulates
mobile sources.
The applicant is proposing 37,804 square feet of retaiUrestaurant space, consisting of a Sav-On drug store,
one restaurant, an in-line food court, and two fast food establishments. The project also includes paned
parking and circulation azeas. The development will occur on approximately 26.7 acres of land. The
project would not exceed emission standards for energy consumption or operations based on its
physical characteristics or operation. Due to the minor amounts of equipment, material, and low
volumes of traffic, significance thresholds aze not exceeded.
Fugitive dust generated by construction activities would add to the ambient PM,o levels but should not
exceed SCAQMD threshold of 1501bs/day with mitigafion. Implementation of the following mitigation
measures will ensure impacts form fugitive dust generation during construction activities will be less than
significant and will aid the City in meeting General Plan Policies 10.10.2 and 10.10.4.
Policy 10.10.2 Require dust abatement measures during grading and construction operations.
Policy 10.10.4 Cooperate with the South Coast Air Quality Management District and incorporate
pertinent local implementation provisions of the Air Quality Management Plan.
AQ-1 Implementation of SCAQMD Rule 403 and standard construction practices during all
operations capable of generating fugitive dust, will include but not be limited to the use of
best available control measures, including:
1) Water active grading areas and staging areas at least twice daily as needed;
2) Ensure spray bars on all processing equipment are in good operating condition;
3) Apply water or soil stabilizers to form crust on inactive construction areas and
unpaved work areas;
4) Suspend grading activities when wind gusts exceed 25 mph;
5) Sweep public paved roads if visible soil material is carried off-site;
6) Enforce on-site speed limits on unpaved surfaces to 15 mph; and
'n Discontinue construction activities during Stage 1 smog episodes.
b) Some land uses and/or individuals are considered more sensitive to air pollution than others due to the
types of population groups and activities involved. Sensitive population groups include children, the
elderly, residential azeas, and recreational land uses. The project site is located in an area of mixed land
uses along Kendall Drive and University Parkway, which is the primary route for students and visitors
to CSUSB. Land uses within the general vicinity include both single- and multi-family residential, and
neighborhood commercial. Single-family residences aze located on the south side of Kendall Drive,
directly across the street from the proposed project site. The short-term nature of the construction, in
light of the degree of development activity that has previously occurred in the azea, will not negatively
impact the local residents because implementation of SCAQMD Rule 403 will reduce the amount of
G:/ProjecU570.00/ IS.MAPCO 15-25 January 22, 2001
• CITY OF SAN BERNARDINO •
DEVELOPMENT SERVICES DEPARTMENT
INITIAL STUDY
fugitive dust generated.
c/d) The local climate can be classified as Mediterranean with hot and dry summers and short, warm and
relatively dry winters. Temperatures range from a low of 32 degrees Fahrenheit (° F) in the winter to a
high in excess of 100° F during the summer. Mean annual temperature is 65° F. Average annual
precipitation for the area is 18 inches, which is almost exclusively rain (City of San Bemazdino, 1996).
The proposed project will not significantly alter air movement, moisture, or temperature, or cause any
change in climate. The project is too small in scale to alter area temperature, moisture, or air movement.
As development of an infill parcel, the operational emissions will be compatible and similaz to like uses
in the immediate azea.
Odors aze likely to be generated from the restaurant uses, particularly activities similar to charbroiling
that have distinctive odors associated with operation. Similaz restaurant uses are prevalent in the
immediate area, particularly along University Parkway. The in-fill nature of the development of this
parcel will not create new or unusual uses to the surrounding azea.
VL TRANSPORTATION
a) A Traffic Study specific to the proposed project has been prepared by Katz, Okitsu & Associates,
December 2000. The proposed project will add 9,006 daily trips, including 621 trips during the
morning peak hour, and 565 trips during the evening peak hour, to the nearby roadway system.
Approximately 20-percent of these trips will bepass-by trips (those trips already occurring on area
roadways that will be diverted into the site). Potential traffic impacts for the proposed project were
analyzed at four nearby intersections -University Parkway at Kendall Drive, University Parkway at
West Northpazk Boulevard (located northerly of the site at the entrance to CSUSB), Kendall Drive at I
Cambridge Place (located on the southerly side of Kendall Drive providing access into the single-
family neighborhood), and at the project entrance on University Parkway.
The analysis of existing peak hour intersection conditions found that all study intersections are
currently operating at an acceptable level of service. Future traffic conditions were also forecast for
the project opening. It was again found that all intersections will continue to operate at an acceptable
level of service in the near-term. However, by 2010, the intersection of University Parkway at Kendall
Drive would operate at an unacceptable level of services with or without the project.
All analysis provided is based on the concept of "Level of Service". This is basically a report cazd
scale ranging from A to F which describes the varying conditions on a roadway during a specific
interval of study. For example, Level of Service (LOS) A refers to light traffic, excellent traffic
flow; LOS C refers to moderate traffic flow, with insignificant delay; and LOS E refers to sever
congestion and delay, and LOS F refers to a failed system, traffic levels cannot be handled. The
City of San Bernardino has adopted LOS D as the poorest acceptable level of service for signalized
intersections. This would be the recommended minimum acceptable level of service.
Existing Conditions
University Parkway is a 6-lane divided arterial street mmiing north/south adjacent to and east of the
project site. It provides three through lanes both northbound and southbound, plus left turn lanes at
G:/Pr°jecU570.00/ IS.MAPCO IS-26 January 22, 2001
• CITY OF SAN BERNARDINO •
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intersections in the vicinity. It is heavily used by visitors, students and staff of CSUSB, as well as nearby
residents and other employers.
Kendall Drive is afour-lane arterial street n,nning east/west adjacent to and south of the project site. It
provides two-lanes in both directions and has a painted median. No street parking is permitted in the
vicinity of the site.
Northpark Boulevard is a four-lane divide-collector street running along the edge of CSUSB, it is
approximately'/< mile north of the project site, bordered by CSUSB on the north and residential areas
neighborhoods to the south.
Cambridge Street is a local street that forms a "T" intersection with Kendall Drive about 600-feet west
of University Parkway. At the intersection, Cambridge Street is controlled by a stop sign, while Kendall
Drive is uncontrolled. The street has no striping or medians, and it is intended as access for residents of
the immediate neighborhood.
Existine Traffic Volumes
Traffic conditions along urban and suburban roadways are most significant during peak hours at
signalized intersections, therefore traffic is analyzed at these intersections. Traffic from the proposed
project could potentially affect one nearby signalized intersection -University Avenue at Kendall
Drive.
Traffic conditions at unsignalized intersections can also become significant. Traffic conditions can
become especially significant at stop sign approaches to major cross streets. Conditions at
unsignalized intersections are normally evaluated to determine if traffic signals or other intersection
controls will be required. These analyses are based upon traffic conditions during the 8 hours of the
day when traffic volumes are highest on the intersecting streets. Traffic from the proposed project
could affect a single existing unsignalized intersection -Kendall Drive at Cambridge Street; as well
as the proposed driveway entrance into the proposed project on University Parkway.
Existing levels of service are:
University Parkway/Kendall Drive AM Peak Hour/I,OS D PM Peak Hour/LOS D
University Parkway/Northpark Blvd AM Peak Hour/LOS B PM Peak Hour/LOS C
Kendall Drive/Cambridge Street AM Peak Hour/LOS B PM Peak Hour/LOS B
Proiect Trip Generation
Project-related traffic generation is a function of the extent and type of development proposed for the site.
This information is used to establish traffic generation for the site. Since the site is vacant, it was
assumed that the current level of traffic generated at the site is zero.
Trip generation characteristics for proposed projects are normally estimated based on rates published in
Trip Generation, Sixth Edition published by the Institute of Transportation Engineers (fI'E). The Traffic
GlPmjectl570.00/ IS.MAPCO IS-27 January 22, 2001
• CITY OF SAN BERNARDINO •
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INITIAL STUDY
Study analyzes trip generation and proj ect-related traffic volumes; in summary the total number of daily
trips anticipated for the project is 9,006. A portion of trips into amixed-use development are "pass-by"
trips that aze already on the roadway adjacent to the proposed project. The pass-by trips aze experienced
fully at the site driveways; and do not result in increases on through roadways in the vicinity of the
project. For the proposed project, 20-percent of the trips have been identified aspass-by.
The Traffic Study indicates that other regional transportation planning studies have detemuned that over
80-percent of all trips related to retail commercial developments are "linked" trips. The "linked" trips
aze defined as any trip that would be made, regardless of development of the proposed project. The trip
is simply attracted, or "linked", to the project site. This demonstrates the principle that residents must
make shopping trips, and any retaiUcommercial project can become a destination for these trips. The
linked trip concept is significant along University Parkway, since much of the traffic on this roadway is
made by university students. Many of these existing trips are being made to other shopping destinations,
if the proposed project is constructed, some of these trips will be diverted to the proposed project.
Project Impacts
Traffic impacts are identified if the proposed project will result in a significant change in traffic
conditions on a roadway or intersection. A significant impact is normally defined when project-related
traffic would cause a level of service to deteriorate to below the poorest acceptable level by a measurable
amount. In the neaz future, project-related traffic impacts would affect the intersection of University
Parkway at Kendall Drive in the morning peak hour, resulting in a LOS E; and in 2010 project related
impacts would again affect the intersection of University Pazkway at Kendall Drive, resulting in AM
peak hour LOS F, and PM peak hour LOS F.
Mitigation measures aze required if development of the proposed project will result in unacceptable traffic
conditions. The intersection of Kendall Drive and Cambridge Street would require signalization to
achieve an acceptable level of service. The demand is due to both the project and traffic from the
residential neighborhood south of Kendall Drive. A signal warrant summary is included in the Traffic
Study.
TRA-1 The project applicant shall contribute a fee equal to 75 percent of the cost of the traffic
signal at Kendall Drive and Cambridge Street. The estimated mitigation fee is $75,000.
The City shall place this signal project on the Capital Improvement Program to enable
future funding of the City's 25 percent contribution toward the cost of the signal.
The intersection of University Pazkway and Kendall Drive is projected to operate at LOS E with the
eak hour in the near future• and it is a ected too erate at LOS F with or without
ro~ect in the momin ,
P J g P xP P
the project by 2010. The left-turn volumes for traffic south bound on Kendall Drive at University
Parkway aze expected to be over 500 vehicles per hour in the morning peak hour and over 300 vehicles
per hour in the afternoon peak hour in the near future. These volumes are expected to increase to well
in excess of that by 2010. The intersection will need two left-turn lanes in both directions on Kendall
Drive in order to operate at an acceptable level of service with or without the project. With the left-turn
lanes the intersection would operate at LOS D in 2010 during both peak hours.
G:/Projectl570.00/ IS.MAPCO IJ-20 January?2, 2001
• CITY OF SAN BERNARDINO •
DEVELOPMENT SERVICES DEPARTMENT
INITIAL STUDY
The recommended dual left-turn lanes aze included as part of the proposed project. However, signal
modification is required in order to mitigate the project's impact on the intersection by improving the
level of service for both directions of traffic.
TRA-2 The traffic signal upgrade at University Parkway and Kendall Drive shall be jointly funded
(50/50) by the City and the project proponent. A portion of the traffic system mitigation
fee for this project will be applied as a credit towards the developers cost of the signal
upgrade.
With the recommended mitigation measures to improve traffic conditions, the LOS of the intersection
of University Parkway at Kendall Drive, including the proposed project, both in the near future and in
2010 are LOS D both in the morning and afternoon peak hours.
b) Trip distribution is the process of identifying routes and directions that project-related traffic will utilize i
to drive to and from the site. The distribution is based on the existing land uses in the project area and ',
the likely routes that patrons of the new center would take to access the site. The Traffic Study analysis
indicates that 30 percent of the patrons will come ofd of Kendall Drive, 45 percent will come off of
University Pazkway, 20 percent will access the site from University Pazkway via Northpazk Boulevazd,
and the remaining 5 percent of the patrons will access the site from Kendall Drive via Cambridge Place.
The proposed project will not result in altering the present pattern of circulation in the vicinity of the
project.
c) The proposed project will not change the basic paths or patterns of circulation in the immediate area, and
will not create any disjointed roadway improvements.
d) The project will not impact rail or air traffic. The nearest airport or airstrip to the project site is the San
Bernardino International Airport (former Norton Air Force Base) located approximately 8 miles to the
southeast; and the Rialto Municipal Airport, located approximately 5 miles southwesterly. The nearest
passenger railroad operation is the Amtrak Station at 3'~ Street and Mt. Vernon approximately 5 miles
to the south. The project will not stimulate any activity that would place demands on rail or air traffic,
nor interfere with their operations.
e) All parking for the proposed project will be provided on-site, however, much of the pazking is provided
within the Edison easement that traverses the site. A Variance application has been submitted to
acknowledge the parking provided within the easement, which is required to meet the basic parking
requirements for all uses within the proposed project. Parking spaces for the project were designed to
comply with the requirements of Chapter 19.24 of the City of San Bemazdino Development Code.
f) The Traffic Study provides an analysis of the left-turn lane into the site from University Pazkway, by
removing a portion of the existing raised median. Several safety concerns have been identified that aze
discussed in the Traffic Study and summarized herein.
Left-turn Lane on University Parkway/Median Break
G/ProjecU570.00/ IS.MAP(D IS-29 January 22, 2001
• CITY OF SAN BERNARDINO •
DEVELOPMENT SERVICES DEPARTMENT
INITIAL STUDY
Sight Distance: The first safety concern expressed pertains to the sight distance at the proposed left turn
pocket and driveway. There is both a horizontal and vertical curve southbound on University Parkway
approaching the driveway location. The sight distance for vehicles that would be waiting at the driveway
location is approximately 700-feet, which is substantially more than is required for comer sight and
stopping distance at 60 miles per hour speed, according to the Caltrans Traffic Manual.
Queuing Distance: The next safety concern pertains to vehicles queuing for the left-turn signal blocking
through traffic southbound on University Parkway; and whether vehicles queued at the intersection of
University Parkway at Kendall Drive would block access to the driveway.
Incorporating the intersection improvements proposed in conjunction with this project, queuing on
University Avenue southbound, in the near term, is forecast to require approximately 320 feet in the near
term, and with forecasted growth, in 2010 the queue length would grow to require approximately 408
feet. The proposed driveway is shown on the Site Plan dated 9/14/00 is approximately 450 feet north
of Kendall Drive, which technically provides adequate length to accommodate the anticipated queuing
with proposed roadway improvements, and proper signal coordination. However, the Traffic Report
does state that queuing past the driveway may be a problem in the future (beyond 2010), unless
mitigation is provided.
In conclusion, allowing the median island opening to accommodate the left-turn lane requires not only
the technical evaluations as provided in the Traffic Study, but an evaluation of policy issues related to
circulation and access requirements of University Parkway both to the City and CSUSB, as determined
by the Planning Commission or Common Council. Such policy discussions aze outside of the technical
analysis as required by CEQA.
University Parkway/Acceleration-Deceleration Lanes
The Traffic Study also provides an analysis of the use of an acceleration and/or deceleration (right-turn
lane) at the proposed driveway on University Parkway. The deceleration, or right-turn lane, is
recommended by the Study as an appropriate design element of the project.
TRA-3 Provide a deceleration, or right-turn lane, at the driveway on University Parkway into the
project site, in accordance with Public Works Division Standards.
However, as the Study describes in detail, the acceleration lane is not recommended under the specific
conditions at this site. Acceleration lanes aze intended to induce traffic to enter the traffic stream without
waiting for a traffic gap, and aze used effectively when a long distance is provided for appropriate
merging into the traffic stream. However, they do not function properly when the driveway is too close
to an intersection, or when vehicles may need to cross to the inner lanes quickly after entering the
acceleration lane. According to Caltrans Design Standards a minimum of 540 feet is required for an
effective acceleration lane, at this site approximately 450 feet is available. The acceleration lane is not
recommended by the analysis in the Traffic Study, due to these and other functional safety concerns.
G:/ProjecdS~0.00/ IS.MAPCO 15-30 January 22, 2001
• CITY OF SAN BERNARDINO •
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g) Due to the nature of the prof ect, site activities and transportation methods will not conflict with adopted
policies supporting alternative transportation.
h) Project design includes adequate emergency access on-site. Design plans for the project have been
reviewed and approved by the City Fire Marshal, and aze incompliance with the City's Development
Code.
VII. BIOLOGICAL RESOURCES
a-c) The majority of the site is characterized as a portion of Wiggins Hill, a northwesUsoutheast trending
foothill with exceedingly steep, southerly and southeasterly exposed slopes. The development of the
site will occur on the relatively level (approximately 5 percent slope) areas that aze adjacent to the
perimeter roadways. However, in order to accommodate the proposed project, grading is proposed
along two ridgelines that encroach into the azea of proposed development. On-site vegetation is
predominately non-native grasses and other introduced species which includes scattered elements of
the previous sage scrub community. Disturbance of the site includes an abandoned water tank pad and
valve box, dumped fill material, an SCE tower, pad and associated access road, a fire break, discarded
household debris and evidence of prior weed abatement (disking) activity.
The project site is partially within a biological Resource Management Overlay (CGP Figure 41). A
Biological Resource Survey was prepared by Lilbum Corporation, the field survey was conducted in
February 1999, and the report is dated March 1999/August 2000. The site survey was conducted to
ascertain suitable habitat for sensitive species, including the San Bemazdino kangazoo rat (Dipodomys
merriami parvus), Quino checkerspot butterfly (Euphydryas editha quino), Santa Ana River wooly-
star (Eriastrum densifolium sanctorum), and slender-horned spine flower (Dodecahema leptoceras).
In addition to the sensitive species, the biological resources survey included other sensitive biological
resources such as alluvial fan scrub and wetland habitat.
Ruderal (weeds) non-native annual grassland is the dominant plant community on the site. The site
contains isolated chamise, buckwheat and squaw bush. The non-native annual grassland includes red
brome, telegraph weed, ripgut brome, slender wild oats, Mediterranean grass, and short-podded
mustard. The buckwheat scrub stands include flat-top buckwheat, California sagebrush, and
deerwood. The buckwheat scrub occurs in very isolated, poor quality stands that have experienced
disturbance due to off-road usage and a large degree of trespassing over the site, evidenced by litter,
dumping and "hillside graffiti" (using rocks to form words or letters).
Wildlife activity was low on the entire site due to limited available habitat variety and poor quality.
Species observed included mourning dove, Audubon's cottontail, Botta's pocket gopher and Beechey
ground squirrel.
No evidence of sensitive plant or animal species was observed on the site, and none aze expected to
occur due to the highly disturbed nature of the site and urban surroundings. The chamise, buckwheat
and squaw bush are scattered throughout the highly disturbed areas, and they do not represent
significant stands. Nevertheless, due the grading of the natural hillside terrain, the following mitigation
measure will mitigate the loss of native vegetation on the site:
G:/ProjecU570.00/ IS.MAPCO l.S-31 January 22, 2001
• CITY OF SAN BERNARDINO •
DEVELOPMENT SERVICES DEPARTMENT
INITIAL STUDY
BIO-1 The project proponent shall revegetate graded slopes with native species as recommended
by a qualified biologist, as approved in the Fuel Modification Plan.
b) No riparian habitat or jurisdictional drainages occur on-site.
d) The project site contains several mature trees along the street frontages, along with two trees on the
site. Two palm trees are located along the Kendall Drive frontage, seven Mondel Pines are present
along University Parkway, planted as streetscape beautification, and one additional palm and one
eucalyptus variety are present in the area near the northeasterly portion of the development area.
The development plan indicates that at least one Mondel Pine must be removed to make way for the
drive approach and acceleration/deceleration lanes, however, additional Mondel Pines will added to
this streetscape; the two palms along Kendall Drive will be removed, replaced by streetscape
landscaping which includes Mondel Pine and Purple Leaf Plum; the remaining two trees on-site will
be removed to accommodate proposed development, however, landscaping on-site include trees to
shade parking areas and accent building frontages.
BIO-2 The applicant shall obtain a Tree Removal Permit concurrent with project approval for
the anticipated removal of Mondel Pines along University Parkway, three palm trees and
one eucalyptus tree on the site, in conjunction with the proposed development in
accordance with Development Code Section 19.28.090.
VIII. ENERGY AND MINERAL RESOURCES
a) The project will not result in any conflicts with adopted energy conservation measures as required by
the City of San Bernardino. Compliance with existing codes, ordinances, recognized conservation
measures, ongoing "best available technology" and the General Plan will occur with City approval of
the final project plans to reduce any net decrease in energy resources. As proposed, the project will
not create any significant demand on existing/planned energy resources and facilities.
b) Non-renewable resources to be used by the project include diesel fuel, and natural gas. All uses shall
be designed to be efficient; no wasteful use ofnon-renewable resources will occur.
c) No loss of valuable mineral resources will occur with the development of the project. The project will
demand aggregate resources in the construction of parking lots and buildings. Steel, concrete, and
asphalt will be required as part of construction. These resources are commercially available in the
southern California region without any constraint and no potential for adverse impacts to the natural
resource base supporting these materials is forecast to occur over the foreseeable future. This demand
is not significant due to the abundance of available local aggregate resources. I
IX. HAZARDS
a) Hazardous or toxic materials transported in association with construction of the project may include
items such as oils and fuels. All materials required during construction will be kept in compliance
(r./ProjecV510.00/ IS.MAPCO 1.5-32. January 22, 2001
• CITY OF SAN BERNARDINO •
DEVELOPMENT SERVICES DEPARTMENT
INITIAL STUDY
with State and local regulations. No explosives will present at the site.
b) The end use of the site is anticipated to be a Sav-On drugstore and food users ranging from traditional
restaurants to fast food drive-thnx. These uses do not involve the use or storage of hazardous or toxic
substances.
c) Numerous visits to the site for field surveys and observations have not revealed the presence of
discarded drums, containers, or hazardous waste, and there is no indication of underground storage
tanks. Some minor refuse has littered the site, however, given the domestic nature of the refuse it is
unlikely that hazardous materials are present.
X. NOISE
a/b) The proposed use on-site will include construction activities, followed by the operation of a drugstore
and a variety of food uses ranging from typical restaurants to fast food establishments. The project will
not involve the development of housing, health care facilities, schools, libraries, religious facilities or
other noise sensitive uses in areas where existing or future noise levels exceed an L~, of 65 dB(A)
exterior and an L~, of 45 dB(A) interior.
The proposed project will introduce 37,804 square feet of retaiUrestaurant structures to a vacant parcel
within the CG-3 and RL land use district. Surrounding uses within the immediate area include
neighborhood commercial retail uses, and both single- and multi-family residential, within a busy
comdor that provides the primary access route to CSUSB. Asingle-family residential neighborhood is
located on the south side of Kendall Drive.
The City of San Bernardino General Plan suggests that an acceptable exterior community noise
equivalent level (CNEL) in residential areas is 65 with an interior noise level of 45. The CNEL is a 24-
hour A-weighted average sound level from midnight to midnight obtained after the addition of 5 decibels
(dB) to sound levels occurring between 7:00 P.M. and 10:00 P.M. and 10 dB to the sound levels
occurring between 10:00 P.M. and 7:00 A.M. A-weighting is a frequency correction that often correlates
well with the subj ective response of humans to noise. The 5 dB and 10 dB penalties added to the evening
and nighttime hours account for the added sensitivity of humans to noise during these time periods.
Noise measurements taken of "typical" construction equipment indicate that a wheel loader generates
approximately 68 dB(A) L~ at 100 feet from the area where it operates. L~ is the equivalent sound level;
representing the average noise exposure over cone-hour, eight-hour, or 24-hour period. This noise level
is also a reasonable approximation for the noise generated by a wheel loader and other similar equipment
used during construction of the site.
If two pieces of equipment are used such as the wheel loader and grader, the combined noise level
produced is anticipated to be approximately 71 dB(A) L~ at 100 feet from the point of origin. Equipment
is assumed to operate within close proximity to each other in the construction area. This will maximize
the noise level in order to analyze potential off-site impacts. Additional commercial, light duty trucks
and miscellaneous vehicles and generators for the processing equipment may also operate during this
period. Based on the "typical" construction noise measurements from the equipment above, the
G:RrojecU570.00/ IS.MAPCO IS-33 ranuarv zz, zom
• CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
INITIAL STUDY
maximum hourly average noise level in the vicinity of the working azea are expected to be approximately
72 dB(A) Leg at 100 feet from the point of origin.
In addition, a 15 dB outdoor to indoor noise reduction with windows closed is typically assumed to
represent interior noise levels where measurements aze not available. With the reduction applied to an
interior noise level, approximately 57 dB(A) Leo at 100 feet will be anticipated. At 100 feet these noise
levels may exceed the City of San Bernazdino interior and exterior noise standazds for residential uses
(45 and 65 CNEL respectively). As a result, the following mitigation measures shall be applied to
project construction activities:
NOI-1 The construction activities shall only occur between the hours of 7:00 a.m. and 5:00 p.m.
Monday through Saturday. No construction shall occur on Sundays or Nationally
recognized holidays.
XI. PUBLIC SERVICES
a/b) The proposed project will not place additional demands on fire protection and medical aid services. i
The project site is located in a fire hazard zone C -Moderate Hazard indicated in Section 15 B Fire
Hazards Figure 61, of the City's General Plan. The closest fire station is a City Fire Station located I
approximately '/< mile easterly of the project site on Kendall Drive, south of University Parkway. ~I
Response time from this station is approximately 2-3 minutes.
Standard requirements for fire protection facilities, building design, and site access have been reviewed
and approved by the City of San Bemazdino Fire Department and incorporated into the project design.
The project as proposed meets the City's current standards for fire protection, and the Fuel
Modification Plan, prepared by Wildfire Aware, has been approved by the City Fire Chief (dated
October 5, 2000) (refer to Section I.c.) Therefore the resulting impacts will be less than significant.
c) The project will not place additional demands on police services. Security measures have been
incorporated into the project design during the design review by the depaztnent, and will be verified
during plan review by the City Police Department.
d/e) Employees will be drawn from existing residents within or neaz the City of San Bernardino. The
project will therefore not create a demand for new or additional school services, parks, or other
recreational facilities as the workforce will be drawn from the existing population of the azea.
Water requirements will be met by the City of San Bernazdino. Existing water mains are present in
the perimeter streets, including fire hydrants.
f) The project site currently has no water demand and therefore, the project will result in an increase in
water demand. This demand will not be a significant impact on the current groundwater supply or
production capability of the City of San Bemardino. Utility systems are in place to serve the
surrounding azeas and are master-planned to provide service to the project site without creating
disjointed patterns of service extensions.
G/ProjecU570.00/ IS.MAPCO IS-34 January 22, 2001
• CITY OF SAN BERNARDINO •
DEVELOPMENT SERVICES DEPARTMENT
INITIAL STUDY
g) The proposed retail/restaurant uses will generate solid waste and green waste from landscape
maintenance. The restaurants shall cooperate with the City Public Services Department in
participating in all appropriate food waste diversion programs. All green waste shall be diverted to
an appropriate greenwaste processing or composting facility as directed by the Public Services
Department.
h) Additional vehicle trips will be generated by the proposed project. Access to the site will be provided
by Kendall Drive and University Pazkway, which aze both major arterials through this segment of the
City. Mitigation related to project-related traffic impacts are outlined in Section VI -
Transportation/Circulation. In addition, the Public Works Department through, standard conditions
of approval, requires Traffic System Impact Fees.
XII. UTILITIES
a) The proposed project will be connected to all utilities. Natural gas service will be provided to the
project site by the Southern California Gas Company. The project will not impact the company's
ability to provide adequate levels of service nor will it create the need to increase capacity. Service
will be provided from the neazest existing gas main within Kendall Drive and University Parkway,
without any significant impact on service or the environment.
b) Electricity will be provided to the project site by Southern Califomia Edison (SCE). Project operations
will not impact SCE's ability to provide adequate levels of service nor will it create the need to i
increase capacity.
c) The proposed project would require telephone service. The project site is within the service area of
Verizon (formerly General Telephone). The service can be readily extended to the site without any
significant impact to existing service in the area.
d) Existing water mains aze present in Kendall Drive and University Pazkway. Water supply is provided
by the City of San Bernardino Municipal Water Department. No impact to water distribution will
result from the implementation of the proposed project.
e) The existing sewer mains in either Kendall Drive or University Parkway, will be extended into the I
project site. The site is within the City of San Bernardino sewage service azea, which has adequate
capacity to service the proposed project. Appropriate Sewer Connection Fees will be required by the
Department of Public Works through standard conditions of approval.
f) Development of the proposed project will increase surface water run-off due to the degree of
impervious surface. Drainage infrastructure will be connected to an existing 45" storm drain located
in Kendall Drive. The Division of Public Works, through standard conditions of approval, will
require appropriate Drainage Impact Fees.
g) The project site is located in a largely developed commercial and residential area that has adequate
utility service to provide for additional demands. The project will convert a 26.7-acre vacant parcel
into commercial uses that will place incremental increase in demand on all utilities. Utility systems
G:/Projectl570.00/ IS.MAPCO LS-35 January 22, 2001
• CITY OF SAN BERNARDINO •
DEVELOPMENT SERVICES DEPARTMENT
INITIAL STUDY
are in place to serve the surrounding areas and aze master-planned to provide service to the project site
without creating disjointed patterns of service extensions.
XIII. AESTHETICS
a) The proposed project includes grading of two locally prominent ridgelines on the site to accommodate
the developed area. The ridgelines aze visible along University Pazkway as travelers exit the freeway
and head north toward the University. Mitigation measures included in Section III -Earth Resources,
that require contour grading techniques and revegetation of the graded slopes, will mitigate aesthetics
impacts. Upon completion the site will be similaz to other commercial developments along University
Parkway.
b) The visual impact of the proposed project will not create an offensive change to setting of the area.
This is the last undeveloped quadrant of the intersection of University Pazkway and Kendall Drive.
Comparable development is existing in the immediately surrounding area. The proposed elevations
are consistent with existing development.
c) Project design includes lighting to be directed onto the site and away from adjacent properties and
adjacent streets. Anticipated uses on the site include a drugstore and food uses, including 2 potential
drive-thrn fast food restaurants, and therefore the potential for certain uses to operate up to 24-hours
per day. The site is located within an area with a land use designation of Commercial and residential
(RM and RS), and existing single-family residences are present on the southerly side of Kendall Drive.
The neighborhood is oriented away from the major arterial streets, with mature Mondel Pines along
the streetscape. Incremental increases of light and glare will be created by the proposed project,
however, this is the last undeveloped pazcel at this intersection, and the proposed development is
compatible with the surrounding area. Standard conditions of approval for the project will ensure
compliance with the City's Development Code standards for light and glare.
XIV. CULTURAL RESOURCES
a/b/c) The site is within a sensitive archaeological area as identified in Section 3.0 B Historical, Figure 8,
of the City's General Plan. An Archaeological Assessment was prepazed by Archeological Associates,
Mazch 1999. The Assessment included a records search conducted at the Archaeological Information
Center at the San Bernardino County Museum, no prehistoric or historic archaeological sites have
been recorded within the boundaries of the property. However, the field study resulted in the
discovery of one historic feature (SBR-9592H); consisting of a concrete valve box that controlled
water output from an adjacent potable water storage tank which was constructed between 1943 and
1953. Both the tank and the control valve were removed by the City Water Department in 1980. The
valve box has been documented by the Archaeological Information Center at the San Bernazdino
County Museum. SBR-9592H does not represent an important historic resource and no further
investigation or mitigation is recommended.
The records search failed to indicate the presence of any recorded prehistoric resources within the
boundaries of the study area. The results of the field survey were equally negative. Therefore, no
further investigations aze recommended and the resulting impact is less than significant.
G:/ProjecU570.00/ IS.MAPCO IS-36 ]anuary 22, 2001
• CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
INITIAL STUDY
XV. RECREATION
a/b) Employees will be drawn from existing residents within or near the City of San Bernardino. The
project will therefore not create a demand for new or additional parks, or other recreational facilities
as the workforce will be drawn from the existing population of the area.
Project development will not have an effect on the demand for neighborhood or regional pazks or other
recreational facilities, nor will it affect existing recreational opportunities. Existing park facilities aze
located both northwesterly and southeasterly of the site. The Littlefield-Shultis Memorial park is
located approximately 1 mile northeasterly along Kendall Drive; and the Lionel E. Hudson Pazk is
located approximately 1 mile southeasterly of the site on Windsor Drive. The proposed project will
not impact these or any other park or recreation facility.
The project site is not located within proximity to equestrian trials as identified on the City General
Plan, Figure 39 -Conceptual Equestrian Trail System. Development of the site would not preclude
development of any portion of the proposed trial system.
XVI. MANDATORY FINDINGS OF SIGNIFICANCE
a) On-site vegetation includes vestiges of Riversidean Sage Scrub community that is slowly being
replaced by non-native grasses and other introduced species due to historic fires and human
disturbance. The project site is partially within a Biological Resource Management Overlay (CGP
Figure 41).
Ruderal (weeds) non-native annual grassland is the dominant plant community on the site. The site
contains isolated stands of buckwheat scrub and squaw bush. The non-native annual grassland
includes red brome, telegraph weed, ripgut brome, slender wild oats, Mediterranean grass, and short-
podded mustard. The buckwheat scrub stands include flat-top buckwheat, California sagebrush, and
deerwood. The buckwheat scrub occurs in very isolated, poor quality stands that have experienced
disturbance due to off-road usage and a large degree of trespassing over the site, evidenced by litter,
dumping and "hillside graffiti" (using rocks to form words or letters).
Wildlife activity was low on the entire site due to limited available habitat variety and poor quality.
Species observed included mourning dove, Audubon's cottontail, Botta's pocket gopher and Beechey
ground squirrel.
No evidence of sensitive plant or animal species was observed on the site, and none aze expected to
occur due to the highly disturbed nature of the site. The stands of buckwheat and straw bush occur
as isolated communities and are surrounded by highly disturbed azeas, and they do not represent
significant stands. Nevertheless, due the grading of the natural hillside terrain, measures aze included
(Section VII) to mitigate the loss of natural habitat on the site.
The project site contains several mature trees along the street frontages, along with two trees on the
site. Two palm trees are located along the Kendall Drive frontage, seven Model Pines are present
G/ProjecU570.00/ [S.MAPCO IS-37 January 22, 2001
• CITY OF SAN BERNARDINO •
DEVELOPMENT SERVICES DEPARTMENT
INITIAL STUDY
along University Pazkway, planted as streetscape beautification, and one additional palm and one
eucalyptus variety are present in the area near the northeasterly portion of the development azea.
Mitigation is included in Section VII pertaining to tree removal and replacement.
The site is within a sensitive azchaeological area as identified in Section 3.0 B Historical, Figure 8,
of the City's General Plan. The Archaeological Assessment included a records search conducted at
the Archaeological Information Center at the San Bernardino County Museum, no prehistoric or
historic archaeological sites have been recorded within the boundaries of the property. However, the
field study resulted in the discovery of one historic feature (SBR-9592H); consisting of a concrete
valve box that controlled water output from an adjacent potable water storage tank which was
constructed between 1943 and 1953. Both the tank and the control valve were removed by the City
Water Department in 1980. The valve box has been documented by the Archaeological Information
Center at the San Bemazdino County Museum. SBR-9592H does not represent an important historic
resource and no further investigation is recommended.
The records seazch failed to indicate the presence of any recorded prehistoric resources within the
boundaries of the study azea. The results of the field survey were equally negative. Therefore, no
further investigations are recommended and the resulting impact is less than significant.
b) The Initial Study identified short-term impacts to air quality and noise with development of the
proposed project. The short term impacts will occur due to proposed construction activities. Impacts
to both air quality and noise can be mitigated by measures included in the Initial Study Sections V and
X. These mitigation measures will reduce project-related impacts to less than significant.
c) The project will contribute incrementally to the impacts associated with development in the area,
including traffic, ambient noise, light and glare, etc. However, this is an infill pazcel, being the last
undeveloped quadrant of the intersection of University Parkway and Kendall Drive. The project is
compatible with development in the surrounding area, and will not result in further growth inducing
impacts to the vicinity. Standard conditions of approval and Impact Fees will be incorporated in the
project approval to mitigate the effects of incremental growth.
d) Development of the site as proposed would not cause adverse effects on humans, either directly or
indirectly. The Initial Study identified construction-related emissions criteria as having a potential
impact, however, proposed mitigation measures will reduce impacts to less than significant.
Additionally, impacts related to air quality aze short term and will cease once construction activities
aze completed.
G:/Pmjectl570.00/ [S.MAPCO IS-38 ]anuary 22, 2001
City of San Bernardino Development Services Department
Mitigation Monitoring and Reporting Program
For Conditional Use Permit 00-13 and Tentative Parcel Map 15537
Introduction
This mitigation monitoring and compliance program has been prepared for use by the
City of San Bernardino Development Services Deparhnent (City) as it implements
mitigation measures for this project. This program has been prepared in compliance with
the California Environmental Quality Act (CEQA) and the State and Agency CEQA
Guidelines.
Assembly Bill 3180, effective January 1, 1989, required adoption of a reporting or
monitoring 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 monitoring program contains the following elements:
1. The mitigation measures are recorded with the action and procedure necessary to
ensure compliance. In some instances, one action may be used to verify
implementation of measures, such as grading plan review and erosion control plan
review.
2. A procedure for compliance and verification has been outlined for each mandatory
mitigation action. This procedure designates who will take the action, what action
will be taken and when, and to whom and when the 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 relevant data will be attached.
Copies of the records will be retained by the City as part of its project files.
4. The program has been 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
total program, including any modifications, will be retained by the City as part of the
project files.
The individual measures and the accompanying monitoring/reporting actions follow.
They are numbered in the same sequence as presented in the Project Initial Study.
MITIGATION MEASURE
IILa/b EARTH RESOURCES:
ER-1 Grading of slopes in excess of 15 percent shall conserve the natural topographic features and
appearances by means of landform sculpturing to blend the graded slopes and benches with
the natural topography.
ER-2 The proposed grading scheme shall retain the major natural topographic ridgelines and
canyon features of the hillside through contour grading techniques.
ER-3 An Interim Erosion Control Plan, specifically addressing slope grading, shall be certified by
the project engineer and approved by the City Engineer.
ER-4 Slopes created by grading shall not exceed 2H:1 V (50 percent slope) without the approval of
a soils report and slope stabilization study, or as approved by the City Engineer, where it is
determined that graded slopes will result in a natural appearance and will not create
geological or erosion hazards.
IMPLEMENTATION AND VERIFICATION
1. These requirements will be made a part of the Standard Requirements for the project
through the Public Works and Building Services Divisions. The applicant will be
required to comply with all Public Works and Building Services Standard
Requirements regarding grading and compaction.
2. The City shall verify that the recommendations contained in the approved soils and
geotechnical reports (Preliminary Geotechnical Investigation prepared by Terra
GeoSciences January 1998; Landslide Evaluation prepared by Terra GeoSciences
December 1998; and the Geotechnical Update prepared by WAC Geotechnical Inc.
October 2000) are incorporated into the grading plans approved for this project.
3. The City Engineer will review all grading plans prior to issuing a grading permit.
4. Compliance shall be verified during construction inspections.
COMPLIANCE RECORD
1. The City and the applicant shall maintain copies of any approved Geotechnical
Investigations and the grading plans in the project file.
2. Copies of the inspection reports shall be kept in the project file of the applicant and
the City.
WHEN REQUIRED
1. Prior to issuance of grading permits.
EARTH RESOURCES IILa/b.
Page 2
2. During site inspections.
COMMENTS
1. Geotechnical Investigation approved
2. Grading Plans approved
VERIFICATION BY:
• •
MITIGATION MEASURE
IILc. EARTH RESOURCES:
ER-5 Pad cut areas shall be over-excavated a minimum of 5-feet and scarified 12-inches and
compacted with void replacement of compacted fill to insure a uniform till mat for building
support. All proposed footings shall have a minimum of 36-inches of fill below base of
footing. The geotechnical engineer will predicate actual depth of removals on exposed field
conditions. All fill shall be placed under the observation and testing of a soils engineer and
as noted in the "Earthwork/General Grading Recommendations" in the report prepared by
WAC Geotechnical Inc, October 2000 (or subsequent reports approved by the City
Engineer).
ER-6 For adequate support of all proposed structures, the footing and foundation
recommendations as outlined in the Geotechnical Update prepared by WAC Geotechnical
Inc. dated October 2000 (or subsequent reports approved by the City Engineer).
IMPLEMENTATION AND VERIFICATION
1. These requirements will be made a part of the Standard Requirements for the project
through the Public Works and Building Services Divisions. The applicant will be
required to comply with all Public Works and Building Services Standard
Requirements regazding grading and compaction.
2. The City shall verify that the recommendations contained in the approved
geotechnical investigations (Preliminary Geotechnical Investigation prepazed by
Terra GeoSciences January 1998; Landslide Evaluation prepazed by Terra
GeoSciences December 1998; and the Geotechnical Update prepared by WAC
Geotechnical Inc. October 2000), and any subsequent soils and foundation analysis
are incorporated into the grading plans approved for this project.
3. The City Engineer will review all grading plans prior to issuing a grading permit. '~I
4. Compliance shall be verified during construction inspections.
COMPLIANCE RECORD
1. The City and the applicant shall maintain copies of any approved geotechnical
investigations and the grading plans in the project file.
2. Copies of the inspection reports shall be kept in the project file of the applicant and
the City.
WHEN REQUIRED
1. Prior to issuance of grading permits.
2. During site inspections. li
I
EARTH RESOURCES IILc.
Page 2
COMMENTS
1. Geotechnical Investigation approved
2. Grading Plans approved
VERIFICATION BY:
MITIGATION MEASURE
IILd. EARTH RESOURCES:
ER-7 Site grading and preparation of areas that will support structures shall be in conformance
with the recommendations made by the soils/geotechnical engineer preparing the
investigation of the site prepared by WAC Geotechnical Inc. dated October 2000 (or other
subsequent study required by the City Engineer).
IMPLEMENTATION AND VERIFICATION
1. These requirements will be made a part of the Standard Requirements for the project
through the Public Works and Building Services Divisions. The applicant will be
required to comply with all Public Works and Building Services Standard Requirements
regarding grading and compaction.
2. The City shall verify that the recommendations contained in the approved geotechnical
investigations (Preliminary Geotechnical Investigation prepared by Ten•a GeoSciences
January 1998; Landslide Evaluation prepared by Terra GeoSciences December 1998; and
the Geotechnical Update prepared by WAC Geotechnical Inc. October 2000), and any
subsequent soils and foundation analysis, are incorporated into the grading plans
approved for this project.
3. The City Engineer will review all grading plans prior to issuing a grading permit.
4. Compliance shall be verified during construction inspections.
COMPLIANCE RECORD
1. The City and the applicant shall maintain copies of any approved geotechnical
investigations and the grading plans in the project file.
2. Copies of the inspection reports shall be kept in the project file of the applicant and the
City.
WHEN REQUIRED
1. Prior to issuance of grading permits.
2. During site inspections.
COMMENTS
1. Geotechnical Investigation approved
2. Grading Plans approved
VERIFICATION BY:
MITIGATION MEASURE
IILf. EARTH RESOURCES:
ER-S An erosion control plan shall be prepared and implemented for the proposed project that
identifies speci[ic erosion control measures to control on-site and off-site erosion from the
time of ground disturbing activities are initiated through grading completion. This erosion
control plan shall include the following measures at a minimum:
a. Specify the timing of grading and construction to minimize soil exposure to rainy
periods experienced fn Southern California.
b. An inspection and maintenance program shall be included to ensure that any erosion
which does occur either on-site or off-site as a result of this project will be corrected
through a remediation or restoration program within a specified time frame.
IMPLEMENTATION AND VERIFICATION
1. These requirements will be made a part of the Standard Requirements for the project
through the Public Works and Building Services Divisions. The applicant will be
required to comply with all Public Works and Building Services Standard
Requirements regarding grading and compaction.
2. The City shall verify that the recommendations contained in the approved
geotechnical investigations (Preliminary Geotechnical Investigation prepared by
Terra GeoSciences January 1998; Landslide Evaluation prepared by Terra
GeoSciences December 1998; and the Geotechnical Update prepared by WAC
Geotechnical Inc. October 2000) are incorporated into the grading plans approved for 'I
this project.
3. The City Engineer will review all grading plans prior to issuing a grading permit. ~i
4. Compliance shall be verified during construction inspections. i
COMPLIANCE RECORD
1. The City and the applicant shall maintain copies of any approved geotechnical Ili
investigations and the grading plans in the project file.
2. Copies of the inspection reports shall be kept in the project file of the applicant and
the City.
WHEN REQUIRED
1. Prior to issuance of grading permits.
2. During site inspections.
EARTH RESOURCES IILf.
Page 2
COMMENTS
1. GeotechnicalInvestigation approved
2. Grading Plans approved
VERIFICATION BY:
MITIGATION MEASURE
IILh. EARTH RESOURCES:
ER-9 Construct an impact wall, deflection wall or the equivalent along the perimeter of the toe of
the natural slopes. Such a wall shall be designed by a civil and/or structural engineer, based
on anticipated slide thickness, slope angles, velocities, and other factors deemed necessary
for proper analysis.
IMPLEMENTATION AND VERIFICATION
1. These requirements will be made a part of the Standard Requirements for the project
through the Public Works and Building Services Divisions. The applicant will be
required to comply with all Public Works and Building Services Standard Requirements
regarding grading and compaction.
2. The City shall verify that the recommendations contained in the approved geotechnical
investigations (Preliminary Geotechnical Investigation prepared by Terra GeoSciences
January 1998; Landslide Evaluation prepared by Terra GeoSciences December 1998;
and the Geotechnical Update prepared by WAC Geotechnical Inc. October 2000) are
incorporated into the grading plans approved for this project.
3. The City Engineer will review all grading plans prior to issuing a grading permit:
4. Compliance shall be verified during construction inspections.
COMPLIANCE RECORD
1. The City and the applicant shall maintain copies of any approved geotechnical
investi ations and the din lans in the ro'ect file.
gra g P P J
g
2. Copies of the inspection reports shall be kept in the project file of the applicant and the
City.
WHEN REQUIRED
1. Prior to issuance of grading permits.
2. During site inspections.
COMMENTS
1. Geotechnical Investigation approved
2. Grading Plans approved
VERIFICATION BY:
MITIGATION MEASURE I
IV. WATER:
IV.e. W-1 A site specific drainage study which meets the standards of the City Engineer will be
prepared by the a Civil engineer. All recommendations from this analysis, including
facilities necessary to mitigate drainage impacts, shall become conditions of project
development and shall be incorporated in all grading and site improvement plans.
IMPLEMENTATION AND VERIFICATION
1. These requirements will be made a part of the Standard Requirements for the project
through the Public Works and Building Services Divisions. The required
improvements shall be shown on the grading plan.
2. The City shall verify that the recommendations contained in the approved Drainage
Study aze incorporated into the grading plans approved for this project.
3. The City Engineer will review all grading plans prior to issuing a grading permit.
4. Compliance shall be verified during construction inspections.
COMPLIANCE RECORD
1. The City shall maintain copies of the approved drainage Study and grading plans in
the project file.
2. Copies of the inspection reports shall be kept in the project file at the City.
WHEN REQUIItED
1. Prior to issuance of grading permits.
1. Verify completion prior to issuance of occupancy permits.
COMMENTS
1. Grading plan approved
VERIFICATION BY:
MITIGATION MEASURE
V. AIR QUALITY
AQ-1 Implementation of SCAQMD Rule 403 and standard construction practices during all
operations capable of generating fugitive dust, will include but not be limited to the use of
best available control measures, including:
1) Water active grading areas and staging areas at least twice daily as needed;
2) Ensure spray bars on all processing equipment are in good operating condition;
3) Apply water or soil stabilizers to form crust on inaMive construction areas and unpaved
work areas;
4) Suspend grading activities when wind gusts exceed 25 mph;
5) Sweep public paved roads if visib?e soil material is carried off-site;
6) Enforce on-site speed limits on unpaved surfaces to 15 mph; and
7) Discontinue construction activities during Stage 1 smog episodes.
IMPLEMENTATION AND VERIFICATION
1. These requirements will be made a part of the Standard Requirements for the project
through the Public Works and Building Services Divisions. The applicant will be
required to comply with all Public Works and Building Services Standard Requirements
regarding grading, erosion control, and dust suppression.
2. The City shall verify that the recommendations contained in the mitigation measure
(notes 1 - 7) are incorporated as notes on the grading plans approved for this project.
3. The City Engineer will review all grading plans prior to issuing a grading permit.
4. Compliance shall be verified during construction inspections.
COMPLIANCE RECORD
1. The City and the applicant shall maintain copies of any approved grading plans in the
project file.
2. Copies of the inspection reports shall be kept in the project file of the applicant and the
City.
WHEN REQUIRED
1. Prior to issuance of grading permits.
2. Verify completion during site inspections.
COMMENTS
1. Grading Plans approved
VERIFICATION BY:
-
• ~
MITIGATION MEASURE
VLa. TRANSPORTATION/CIRCULATION
TRA-1 The project applicant shall contribute a fee equal to 75 percent of the cost of the traffic signal at
Kendall Drive and Cambridge Street. The estimated mitigation fee is $75,000. The City shall
place this signal project on the Capital Improvement Program to enable future funding of the
City's 25 percent contribution toward the cost of the signal.
TRA-2 The traffic signal upgrade at University Parkway and Kendall Drive shall be jointly funded
(50/50) by the City and the project proponent. A portion of the traffic system mitigation fee for
this project will be applied as a credit towards the developers cost of the signal upgrade.
IMPLEMENTATION AND VERIFICATION
1. The City shall verify that the fees are collected for the recommended improvements
outlined in the mitigation measures TRA-1 and -2.
2. The City shall verify that the recommendations contained in the approved Traffic
Study prepared by Katz, Okitsu & Associates (December 2000) are incorporated into
the traffic signal modification and striping plans approved for this project.
3. The Public Works Division shall ensure that the signal project at Kendall Drive and
Cambridge Street is added to the Capital Improvement Program to enable future funding
of the City's 25 percent contribution towazd the cost of the signal
4. Verification of Fee payment shall be made prior to issuance of grading or building
permits.
COMPLIANCE RECORD
1. Copies of the approved traffic study, traffic signal installation and modification, and
striping plans, shall be maintained by the City and the applicant in the project file.
2. Copies of the inspection reports shall be kept in the project file at the City and with
the applicant.
3. Copies of fee receipts shall be kept in the project file at the City and with the
applicant.
WHEN REQUIRED
1. Traffic signal contribution/mitigation fees shall be paid prior to issuance of grading
permits.
2. Traffic stripping shall be verified through site inspections.
• •
TRANSPORTATION/CIRCULATION VLa.
Page 2
COMMENTS
Traffic Signal modification and/or installation striping plan approved
VERIFICATION BY:
MITIGATION MEASURE
VLf. TRANSPORTATION /CIRCULATION
TRA-3 Provide a deceleration, or right-turn lane, at the driveway on University Parkway into the
project site, as approved by the City Engineer.
IMPLEMENTATION AND VERIFICATION
1. The City shall verify that the recommendations contained in the approved Traffic
Study prepazed by Katz, Okitsu & Associates (December 2000), and the mitigation
measure TRA-3 are incorporated on the site improvement plans.
2. The City Engineer will review all site improvement plans prior to issuance of a
grading permit.
3. Compliance shall be verified during the plan check process and during construction
inspections.
COMPLIANCE RECORD
1. Copies of the approved Traffic Study shall be maintained by the City and the
applicant in the project file.
2. Copies of the inspection reports shall be kept in the project file at the City and with
the applicant.
WHEN REQUIRED
1. Site improvement plans shall be approved prior to issuance of grading permits.
2. Site improvements shall be completed prior to the issuance of occupancy permits.
COMMENTS
Site improvement plans approved
VERIFICATION BY:
MITIGATION MEASURE
VI. BIOLOGICAL RESOURCES
VI.A. BIO-1 The project proponent shall revegetate graded slopes with native species as
recommended by a qualified biologist, as approved in the Fuel Modification Plan.
IMPLEMENTATION AND VERIFICATION
1. These requirements will be made pazt of the Standard Requirements for the project
through the Parks, Recreation and Community Services Deparhnent.
2. The City shall verify that recommendations the required slope revegetation
requirements are shown on the Landscape Plans approved for the project.
3. The City Pazks, Recreation and Community Services Department will review all
Landscape Plans prior to issuing a grading permit.
4. Compliance shall be verified during construction inspections.
COMPLIANCE RECORD
1. The City shall maintain copies of the approved Landscape Plan in the project file.
2. Copies of the final inspection reports shall be kept in the project file.
WHEN REQUIRED
1. Prior to issuance of grading permits.
COMMENTS
1. Landscape Plan approved
VERIFICATION BY:
MITIGATION MEASURE
VII. BIOLOGICAL RESOURCES
VII.d. BIO-2 The applicant shall obtain a Tree Removal Permit concurrent with project approval
for the anticipated removal of Mondel Pines along University Parkway, three palm
trees and one eucalyptus tree on the site, iu conjunction with the proposed
development in accordance with Development Code Section 19.28.090.
IMPLEMENTATION AND VERIFICATION
5. These requirements will be made part of the Standard Requirements for the project
through the Parks, Recreation and Community Services Department.
6. The City shall verify that recommendations the required replacement trees are shown
on the Landscape Plans approved for the project.
7. The City Parks, Recreation and Community Services Department will review all
Landscape Plans prior to issuing a grading permit.
8. Compliance shall be verified during construction inspections.
COMPLIANCE RECORD
3. The City shall maintain copies of the approved Landscape Plan in the project file.
4. Copies of the final inspection reports shall be kept in the project file.
WHEN REQUIRED
2. Prior to issuance of grading permits.
COMMENTS
2. Landscape Plan approved
VERIFICATION BY:
I
MITIGATION MEASURE
X. NOISE
X.b. NOI-1 The construction activities shall only occur between the hours of 7:00 a.m. and 5:00
p.m. Monday through Saturday. No construction shall occur on Sundays or Nationally
recognized holidays.
IMPLEMENTATION AND VERIFICATION
1. These requirements will be made part of the Standazd Requirements for the project
through the Planning, Public Works and Building Services Divisions. The applicant
will be required to comply with all Planning and Building Services Division Standard
Requirements regarding noise attenuation.
2. The City shall verify that the recommendations contained in the mitigation measures
are incorporated as notes on the grading, site improvement, and building construction
plans approved for the project.
3. The City Engineer and/or Building Official will review all grading and construction
plans prior to issuance of any permits. I
4. Compliance shall be verified during construction inspections. II
COMPLIANCE RECORD i
1. The City and the applicant shall maintain copies off all approved grading, site
improvement, and building construction plans in the project file.
2. Copies of the inspection reports shall be kept in the project file of the applicant and
the City.
WHEN REQUIRED
I . Prior to issuance of grading permits.
2. Verify during site inspections.
COMMENTS
1. Grading Plans approved
VERIFICATION BY:
ATTACHMENT H
CALIFORNIA STATE UNIVERSITY ADMINISTRATION AND FINANCE
SAN BERNARDINO Office of the Vice President
5500 University Parkway, San Bernardino, CA 92407-2397 (909) 880-5130
February 2, 2001
Joe Bellandi
Associate Planner
City of San Bernardino
Development Services Department
300 North "D" Street
San Bernazdino, CA 92418
Dear Mr. Bellandi:
California State University, San Bernazdino, would like to provide the following comments and
recommendations for Project No. 15537, University Village.
1. The University opposes off-sale of alcoholic beverages. It is preferred that any sales
of alcoholic beverages allowed on this site be limited to beer and wine served on site,
inside of buildings, along with food.
2. The University opposes the median cut on University Pazkway. Observation of traffic
at peak periods demonstrates traffic backed up from Kendall Avenue to Northpazk
Boulevard in southbound lanes. A similaz situation exists from Northpazk Boulevard
to Kendall in northbound lanes. A cut in the median will further hamper the flow of
traffic and increase the potential for traffic collisions.
3. Sufficient on-site parking must be provided to prevent unsafe or illegal parking to
occur on adjacent surface streets and in vacant lots.
The University appreciates the opportunity to comment on this project.
Sincerely,
~ V
Davi DeMauro
Vice President for FEB 0 5 2001
Administration and Finance cLTV oP uAN BERNARI]INO
DEVELOPMENT SERVICES
DEPARTMENT
The California State Uniueraity
Bakeraheld • Channel Is[onds • Chico • Dominguez Hills • Fresno • Fullerton • Hayward • Humholdt • Long Beach • Los MgeLes • Maritime Mademy
Monterey Bay • Northridge • Pomona • Sacrnrnento • San Bernardino • San Diego • Son Fmncisro • San Jose • San Luis Ohispo • San Marina • Soroma • Stanielaue
oa ~
~Il ~ 'J- SAN BERNAflDINO ,
OG'JELOPMENT SERVICES ~ ~,~C
DEPARTMENT u •°G~.+
California State University, San Bernardino O P F I C E O P THE P R E S I D E N T
5500 University Pazkwa}' (909) 880-5002
San Bernardino, CA fax: (909) 880-5901
92407-2397 email: akarnig~~ley.csusb.edu
August 17, 2000
Mr. Joe Bellandi
Associate Planner
City of San Bernardino
Development Services Department
300 North "D" Street
San Bernardino, CA 92418
Deaz Mr. Bellandi:
Thank you very much for sharing the plans for the proposed "University Commons" with us. We
appreciate the opportunity to review the plans for the Sav-on Center and provide comments. The
campus does have two major concerns about this project which we urge you to address.
Our first concern is with the cut into the existing traffic median on University Parkway. It is vital
that this not be allowed due to the extreme volume of traffic at this site. University Parkway is
among the busiest streets in the City of San Bernardino. At peak periods, traffic is backed up in
both directions on University Pazkway from Kendall Avenue to Northpark Boulevazd. Allowing
median access here will promote numerous vehiculaz accidents and add congestion to an already
severely impacted area. The University strongly urges that the median cut not be allowed and
that an alternative plan be developed to place more traffic on the Kendall entrance.
The second concern is over the name of the center - "University Commons." The campus has a
large building called "University Commons," and this building has many guests for meetings.
The thousands of visitors each week who come to the campus looking for the "University
Commons" may confuse this center with their actual university destination. This would increase
the traffic congestion even more! We believe an alternative name must be identified.
Thank you again for the opportunity to provide these comments. We would be pleased to answer
additional questions that you may have.
Regazds, `
Albert K. Karnig
President
xc: Joe Suarez, Councilmember, Fifth Ward
77~e California State Uninerrity
Bakersfield • Channel Irlands • Chico • Dominguez Hills • Frema • Fnllerton • Hayward • Humboldt • Lang Beach • Las Angeles • Maritime Acade»ey • Moruerev Bay
Northridge • Pomona • Sacramento • San Bernardino • San Diego • San Francisco • Sax Jose • San Luir Obispo • San Marros • Sonoma • Stanidaus
~ ~ L~~i~-~LiU[~I~~
0F,(LNARp~N J
O
SQL '~ JAN :' 2tiUl
L~ ~r
~ C I T Y O F CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
DEPARTMENT
J~ Noen tN~0~oa` ~n ~ern~rdino
P O L I C E D E P A N T M E N T
L E E D E A N
C H I E F O F P O L I C E
January 18, 2001
Valerie Ross, Principal Planner
City of San Bernardino Development Services
300 N D Street '
San Bernardino, CA 92401
RE: General Plan Amendment No. 00-01
Tentative Parcel Map No. 15537
Conditional Use Permit No. 00-13
Variance No. 00-10
Dear Valerie Ross,
After reviewing the documents for the above mentioned items, I have concluded that the
requested median cut on University Parkway north of Kendall Avenue would create a
potential traffic hazard. I believe it is in the best interests of public safety that the
request for the median cut is denied
University north of Kendall Drive is designed to facilitate the large number of vehicles
that travel the road to and from CSUSB on a daily basis. This is both ingress and egress
traffic flows. To place a cut in the median to allow vehicles to turn into a business lot
located on the N/W corner would create a hazard for southbound traffic that the vehicles
would be passing in front of. Additionally, it would certainly provide an unnecessary
hazard for vehicles that would be travelling northbound by creating a potential for rear
end accidents. University Parkway is the main entrance for all vehicles exiting the
freeway and entering the University campus. The University is usually to its maximum
student capacity and the flow of students to and from the campus should not be inhibited
by an unnecessary break in the median for a business access. The business certainly
can be accessed from the southbound portion of the roadway or by Kendall Drive.
Respectfully,
i~1
Lt. Roger Poyzer
P O S T O F F I C E D O% 1 5 5 9 S A N D E R N A R D I N O,
C A L I F O R N I A 9 2 4 0 1- 1 5 5 9 (0 0 9) 3 B!- 5 7 1 4
SOUTHERN CALIFORNIA
E D I S O N au~ ~ ~ Zooo
CI iY OF SAN BERNARDINO
An EDISON INTERNATIONAL`"Company DEVELOPMENT SERVICES
DEPARTMENT
City of San Bernazdino August 14, 2000
300 North "D" Street
San Bernardino, CA 92418
Attention: Dev°lopme^Y Services Department
Joe Bellandi
Subject: Pazcel Map No. 15537
Please be advised that the division of the property shown on Pazcel Map No. 15537 will
not unreasonably interfere with the free and complete exercise of any easements held by
Southern California Edison Company within the boundaries of said map.
This letter should not be construed as a subordination of the Company's rights, title and
interest in and to said easement(s), nor should this letter be construed as a waiver of any
of the provisions contained in said easement(s) or a waiver of costs for relocation of any
affected facilities.
In the event that the development requires relocation of facilities, on the subject property,
which facilities exist by right of easement or otherwise. the owner/developer will he
requested to bear the cost of such relocation and provide Edison with suitable
replacement rights. Such costs and replacement rights aze required prior to the
performance of the relocation.
If additional information is required in connection with the above mentioned subject,
please contact me at 714-934-0838. V~~~ /~~~
Lisa Salinas ~I
Title and Real Estate Services
cc:
14799 Chestnut St.
Westminster, CA 92683
800-817-3677
Fax 714-934-0837
I~jIMI(~~ ~~4 ,LJL
1FiCl ..' C, ~GiL!
2127 Sheridan Rd.
;ar. '~~~"'~D1NO San Bernardino, CA 92407
oevaoF~ cr;r s~~,v~ces
UEPARI-MEtJT February 28, 2001
Planning Division
City Hall
300 N. D St.
San Bernardino, CA 92418
General Plan Amendment No. 00-01, Tentative Parcel Map No. 15537, Conditional
Use Permit No. 00-13, Variance No. 00-10 for property located at northwest corner
Kendall and University
To Whom It May Concern:
As a long time resident of this area I am objecting to the building of this
shopping center in this location.
When we received notice for the public hearing for the above property I
became very concerned. I was concerned the hills adjoining this lot would be
excavated. I called the planning division and they confuwed this was indeed the
case. Several years ago I watched as developers built the McDonald's and IHOP
Restaurants at I215 and University. Much of the hill in that location was removed to
put in that center. Before building we need to consider how it will affect the land.
There is plenty of flat properly to build on in this area without scarring the hills
that make North San Bernardino such a scenic place.
If the environment can't be considered, leNs look at economics. So much of
the land in the north part of town has already bees developed with "mini-malls"
that the addition of another one appears to be overkill. There are only so many
businesses a neighborhood can support. The last thing we need around here is
another food establishment.
Tl~nk you, f
Barbara Dawson-Bateman
cc: Mayor Judith Valles
Counc~7man Joe Suarez
• •
EXHIBIT 2
DEVELOPMENT SERVICES DEPARTMENT
~ 1
s, ~
300 North "D" Street • San Bernazdino • CA 92418-0001
Planning & Building 909.384.5057 • Fax: 909.384.5080
San Bernar ino Pnbiic Woeks/Engineering 909.3845111 • Fax: 909.384.5155
s. :vww.ci.san-bernazdino.ca.us
March 5, 2001
File No.
University Commons, LLC
Berkson Realty Advisors, LLC
Attn: Howard C. Berkson, Managing Member
1337 India Street
San Diego, CA 92101
RE: UNIVERSITY COMMONS SHOPPING CENTER
CASE NO: C.U.P. 00-13
P.M.15537
Dear Mr.Berkson:
Thank you for your letter dated March 5, 2001.
However, at this time, staff sees no reason to revise/amend the Conditions of Approval included
in the staff report based on your letter or on the meeting referenced in the letter.
If you have any questions regarding this matter, please contact me, at (909) 384-5111.
Sincerely,
RAYMOND A. CASEY /
City Engineer
RAC:cdj '
cc: James Funk
Director, Development Services
S:1Public WorkslRay's Folder\LETTER - Universiry Commons Shopping Center.doc
MAR-05-01 02:22 PM MAPCO 909 890 9355 P.02
BERKSON REALTY ADVISORS, LLC
1337 INDIA S~'REET
SAN DIEGO, C~ 92101
TEL.:619-595-1900 FAX: 619-595-1907
March 5, 2001
Ray Casey, City Engineer Vii Facalml~e: 909-384-5155
Director of Public Works
City of San Bernardino
Dcvelopntent Services Department
300 N. D Strut, 3id Fioor
Sea Bernardino, CA 92418
Re: University Comrtrons Shopping CettteF, Case Np: C.U.P. 00-13; P.M.
15537
Dear Rey: .
It was a pleasure meeting with you, Anwar Wag~dY. Your ~{im, artd David Mtynarski
this rooming. In as effort to provide ctarity to tie City's position to be taken at the
Planning Commiaeion Hearing tomorrow I have Iiut forth this letter, which
shell nerve as a Memorandum of Understanding MOU"
j;betwan the City of San
Bcrrwtdino's Developmern Services D~;p~at~~("City'~ ;rnd University Cortm~ons,
LLC, ("Devekrper'7.
Please ate that this MOU is intended to serve id lieu of conditions net forth in your
March 2nd, 2001 rrumo to Vallerie Rosa and suggested cojuiitiom contained in the
3tenderd Requirements of the bepartroent of DryebpmetJt Servkes/Public Works
Division, paragraphs 8(g), 9 (c and e).
The parties have agreed as follows: -
1, That the City acknowledges that the proposed University Commons Shopping
Center, with Sav-on Drugs as its anchoi tenant, as being a project that the City
strongly supports.
2, That a key element of the success need economic viability of this project is a
left taro into this retail center from University Parkway.
1
' MAR-05-01 B2;23 PM MAPCO 909 890 9355 P.03
3. 'that it ha been the position of the City staff that the curnnt level of
improvertxnts north of Kendall, along Utiversity Parkway, with no median
cut is more deaitabk: than the proposed t~edlan cut.by the Devekoper.
4. That upon further discussions with City ~affand the Project traffic engineer,
Mwar Wagdy, various public improvem~ttts std uogradea to existing traffic
signsliTation can provide an acceptable level of saf9tY.
5. That the Developer Las, m part oftrat'fie;mitigatioti trreaaures suggested by flue
City, agreed to do the folbwing:
a) Design and construct an additlonil half traffic signal at the proposed
left turn entratux on University providing a stop phase for southbound
traffic on Untversity when"tripped" by a vEFtich: prepari»g to take a
left turn into the center, or
b) Installation of a frill movement tr~ffu signal to allow a left turn in/out
of the center. Both options shahprovide i~r intercortrtecting fsct7ities
among the remaining two aignats'at Univer ity/Kendall and
UniversitylNotthParksnd the proposed ~ turn entrsta:e.
c) That this facility is to be paid for,'utr"]um'
g a° portion of the Developer's
traffic system fa to fund 50% of the coat rhd the other SO°i6 required
of the development. (SpeciSe deiigrr to be fleterminal during the Snai
design Process) ° i
d) Provide far adequate overall sigdage. ~
e) Have all truck deliveries util' ' the ~ left trtm be made
during non-peak hours (as det during the final design process)
acrd sign the turn Iarie accordingly. ! '
6. PJease note that the Developer, and the anchor ten~nt, Sav-on, cannot agree to
the City's proposed condition of bond' for the establishment of the
median should the City determine "tla•~gh acrid history review and
technical analysis that h Las became an 4nmitigatale safety problem."
Given this language proposed by the Cry, the Developer respectfully suggests
that the City, given its govemaaca throrpih its recOgniud police power over
this issue, will always Lave the right to ti~view any, safety and health issue if
std when it occurs. In the Devebper's view, arty regttest for bonding at this
time is premature. The City has a proot3dure and process to go through,
should it deem necessary to address argr safety ias~ie imttrediately adjacent to
the project site.
i
The bng term naturo of the leases in tl>Q Proposed shopping center, and its
imtrtediate and Ong term economic viabplity, is tied to the tttedian cut. The
Developer Las agreed to extensive stud imptovetnenta, including, among
other rottredies, the significant cost of a pew trat~ signal at the proposed
' median cut to provide for a safe condition to the ¢ub}ic, and a sohrtion which
x i
Z
MAR-05-01 02:23 PM MgPCO ~ 909 890 9355 P.04
mitigates auy safety concerns now and is the future. We respectfully request
that the City recomider this condition.
7. That the proposed public improvements sled by City Staff at our
meeting include, but are not limited to, treconstSuctian itt striping of left
hand turn lanes throughout the project, traffic sigosll construction and
modification, interconnecting facilities, d medierti modificatbns. 'f heee
improvements provide direct benefit to t~e City, the nearby Urdversity, the
overall neighborhood, and the proposed project. qa such, the Deveoper
believes that it is appropriate to mitigate `.the impacts for these street
improvements via entering into as egneedrent with ~ City to utilise the
trafSc system fee in the estimated amour of S 155,000 towards conatntction
of those improvements. The City end Developer have agreed on several
differentpro-rata percentages for the >~?g of improvernetrts. The
Deveoeper proposes that anY additional goats to late these desirod
' improvements shall be a wst borne by the City. , .
In cbaing, the Developer believes that the cooperation between City staff and the
Developer over the past several months, e~ in ' ular guar the past several days.
has cortehuled in a wonderfit! project that all ies can very proud of. The
compromises between the parties is a wut-win lion, ~rticulerly considering the
sesthetie, technical and political c]mllenges that p%jert has presented. When
completed, this project vriU create a wrnersto . to this or u~tersectbn, the
community at large, the City. and the Untversity:
Ray, I thank you and yew entire staff for the so~utions presented over the past few
days, resolving our remaining open issues. We C~ all now look forward to the
sttccxaaful constr>ction and completion of Univfttsity Co~moos Shopping Center,
City of San Bernardino.
Respectfully submitted,
U1VI , L
By: Realty ri rs, C
)EIoward C. Berlcson, Managing Member
Cc: ]oa Suarez, City Cottnciltttan S°i Ward, ~ Fax: 909~3ti4-SI05
James Funk, Director of Planning, Fez: 909-384-5155
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SAV-ON DRUGS
-. Policy Information
on the Sale of
Alcoholic Beverages
CALIFORNIA VERSION
INTERNAL DECOY PROGRAM
SAV-ON DRUGS HAS ITS OWN DECOY PROGRAM for the sale of alcoholic beverages.
Twice per year, each store is audited and a decoy is sent into the store. The decoy is over
the age of 21 and attempts to purchase alcohol. The checker should check the ID of
anyone who appears to be under thirty years of age. If the cashier follows policy and
checks the decoy's ID, we give the cashier a framed commendation which is placed on the
wall in the associate lounge. If the cashier fails to check the ID, the cashier is taken off the
register and is taken to the office, where a disciplinary meeting is held with the store
manager and the District Loss Prevention Manager. A written warning is issued and the
associate is required to review all liquor policy and procedures and re-sign all appropriate
policies. The associate is also informed that a second violation may result in disciplinary
action up to and including termination for a second offense.
The associate is then checked again within a 30-day period to assure compliance with our
policies and the law. -
LLPACKAG.4
Index of Attachments
(tem Attachment
Liquor Decoy Program (Description} .................................A-1
Liquor Check Form ............................................................A-2
Commendation -Liquor Policy Audit .................................A-3
Loss Prevention Liquor Checks Form - 1996 ....................A-4
Cash Register Age Verification For Liquor Purchases......... B
Store Management Policy Statement Covering the
Sale and Handling of Alcoholic Beverages C
Legal Restrictions For The Sale And Handling of
Alcoholic Beverages - California D
Clerk's Affidavit and "Notice to Our Customers" sign........... E
.Under 30??" sign F-1
"If You're Under 21, the soft drinks are..." sign F-2
"Convenient Locations..." sign F-3
"We do not sell beer in less than six-packs..." sign .............G
CALIFORNIA
I~, SAV-ON DRUGS - LIQUOR DECOY PROGRAM
PROCEDURES
DLPM will accompany the Decoy to the store. _ _
• TIME afternoon and evenings
PRODUCT any liquor item, preferably beer or wine coolers.
Decoy - must be at least 21 years old, however, young looking.
1. Decoy will enter the store and select a liquor item (wine cooler or beer).
2. The merchandise will be brought to the normal liquor register for purchase.
IF THE DECOY WAS CARDED DURING THE TRANSACTION:
Assuming the Decoy was successfully carded, the Decoy would leave with the product and
give it to the DLPM.
2. The DLPM would meet with the manager on duty and inform him that a Decoy shop had just
been conducted on register and the checker had correctly followed procedure and
carded the Decoy.
IF THE DECOY WAS NOT CARDED:
1. If the Decoy was no carded, the Decoy would leave with the product and give it to the
DLPM.
2. The DLPM would meet with the manager on duty and inform him that a Decoy shop had just
been conducted on -register and the checker failed to card the Decoy according to
policy.
3. The manager should take the checker off the register and bring him/her to the office for
proper disciplinary action.
A write-up must be given to the checker, indicating the seriousness of the violation and
noting that a second violation within a year would lead to further disciplinary action up to
and including termination.
The checker will be required to again sign all policies regarding the sale of alcoholic
beverages and review the "It's The Lam' video.
AFTER COMPLETION OF THE "SHOP". THE DLPM WILL:
1. Fill out the form indicating the date and time of the shop and indicate whether the checker
passed or failed.
2. The form will be faxe to Susan Bunts at the main office in Buena Park-(714) 736-6298.
3. Susan will record the shop on a liquor decoy log and forward the form to the district manager
and operations manager.
G:LIQLICIP D\LLPACKG.5
Attachment A-1
LIQUOR CHECK
Store: District: Location:
District Loss Preveution Manager:
Decoy's Name: Decoy's Age:
Date of Liquor Check:
Name of Associate checked:
Item Purchased:
PASS FAIL
(Please circle one)
If fail, action taken:
Upon completion please fax form to Susan $unts in the Loss Prevention office.
H1DATA\WORDFICE~FORMSDECOY.DOGA/IN6/422 PM Attachment A•2
COMMENDATION
LIQUOR POLICY AUDIT
DATE:
CONGRATULATIONS TO:
Thank you for following company policy regarding sates of alcoholic beverages
and asking customers who appear to, be under 30 years of age for verification
for their age.
As a representative of your store, you and your management team are to be
congratulated for helping to enhance Sav-on's reputation in the community as
a concerned law abiding retailer:
Again, thanks for being concerned and getting involved.
District Loss Prevention Manager
General Manager
District Manager
H:\DAI'A\WORDFILE~FORMSiCOMMEND.DOG q~chment q_3
American Drug Stores -~~
LOS ANGELES REGION
Loss Prevention
Liquor Checks
1996
DATE
STORE# LOCATION PERFORMED DLPM: RESULT:
H:\DATA\WORDFII,E\FORMS\L[QUORDOGLI/6/96/8:48 AM
Attachment A-4
CASH REGISTER
AGE VERIFICATION FOR LIQUOR PURCHASES
Your store's cash register program includes Age Verification on liquor purchases. Age verification
will allow the register to restrict the sale of &quor items, based on the customer's birth date.
Following is a list of requirements for Age Verification, and a description of how the feature operates.
All liquor UPC's or PLU entered in a transaction that is in Report Code 7 or 8 will cause the terminal
to prompt the operator to "ENTER BDATE". The operator then enters the customer's birth date
(MIVIDDYY). If the customer is over 21, the item will be rung up; any remaining restricted items can
be entered without the need to re-enter the birth date. If the customer's age is under 21, the item will
be rejected and the terminal will display "AGE RESTRICTION" press "CLEAR". After pressing the
CLEAR key, the operator can continue the transaction with any remaining unrestricted items. The
birth date and/or age restriction message will be printed on the journal tape, but will not appear on the
customer's receipt.
If it is necessary to override the Age Verification restriction, use 010101 as the birth date. This
override should only be done with management approval.
G1I,IQLICWDEW QtEV.LPACKAGE
Artachment B
AMERICAN DRUG STORES
SI~'~ ~ OscoDrut,~
STORE MANAGEMENT POLICY STATEMENT COVERING THE
SALE AND HANDLING OF ALCOHOLIC BEVERAGES --'
Asa a ra
g ne t manager or assistant mans errs) of an Osco Sav-on Store sellin alc holi be ra
9 / o c ve es ou are
responsible for fulfilling the company's legal requirements (federal, state and
IocaD in the sale and handling
of alcoholic beverages. This not only means your follow through but also your associates follow through.
This responsibility must be met without deviation because any infraction not only Jeopardizes the liquor
license of your respective store, but of all Osco/Saxon stores.
It is your responsibilityto ensure the training and education of all your store associates regarding the legal
requirements in the sale and handling of alcoholic beverages. This includes:
1. Having your associates read and understand the Osco/Sav-on Associate Policy
Statement along with state and local laws.
2. Having your associates view the Video Liquor Training Program (if available
in your state).
3. Review regulation of knowingly selling alcoholic beverages to other retailers
which is illegal.
4. The signing of the policy statements every six months or as needed by all
your assoaates including new associates and management trainees.
(Retain at store IeveU.
5. Directing signed management policy statements every six months to your
i district manager that will in turn be forwarded to the Operating Vice President.
6. Review periodic bulletins with a!I associates.
7. Proper posting of signs and other preventative materials.
Any violation, where negligence on your part is found, may subJect you to the following:
1. Possible personal prosecution under state and local laws.
2. Disciplinary action under company policy.
3. Possible fines or payments of legal fees levied against your bonus and/or
store level earnings.
Please sign below that you have read the above policy.
American Drug Stores, Inc.
HAVE READ AND CLEARLY UNDERSTAND THE ABOVE STATEMENTAND THE ATTACHED
OSCO/SAV-ON ASSOCIATE POLICY STATEMENT.
Assistant General Mgr's Signature Assistant Mgr's Signature Oate
General Mgr's Signature Store No. and Addrer-
D•494 '1/92 499392 Attachment C
Executive Offices
1818 Swift Drive
AMERICAN DRUG STORES, INC. Oak Brook, II. 60521
LEGAL RESTRICTIONS FOR THE SALE AND HANDLING OF
ALCOHOLIC BEVERAGES -CALIFORNIA
Alcoholic beverages are offered for sale in many American Drug Stores as a convenience to the-'customer. In order
to sell alcoholic beverages, a store must have a Federal Tax Stamp and a State Liquor License. The holding of these
licenses is a privilege and imposes strict obligations on the holder of the license.
SALES RESTRICTIONS
Company policy requires an American Drug Stores associate to be at feast 18 years of age to ~I alcoholic
beverages with the condition that the transaction be approved by an employee who is at least 21 years of age. 16-
year olds with 21-year old continuous supervision can handle and stock alcoholic beverages. Store management
must take steps to ensure compliance with these restrictions and company policy.
No person under the legal age 21 may buy alcoholic beverages under any circumstances. Prior to making a sale of
any alcoholic beverages, you should make a determination whether the customer is of legal age. If the customer does
not appear to be 30 or older, you must always demand and inspect proper identification prior to crompleting the sale.
Proper identification means a valid picture drivers license or DMV (state identification) card. If the slightest doubt
remains that the customer is not 21 years old after having seen their identification, do not make the sate. Any doubt
must be completely resolved before a sale is made, notwithstanding the age indicated by I.D.'s. We are under no
obligation to sell alcoholic beverages to any customer where there is reason to believe that the purchaser is under
legal age 21, regardless of the number and type of identification the purchaser produces to substantiate their age.
In addition to the oenalties imposed upon the companv the person makirLq this sale is ~~~stomarily cnPrl and sr,Pri fnr
selling liquor to a minor To roo test yourself and the comoanv check the ~~ctr,rr,P~~ i~lpntifiratinn If fhora i~ Attu
reasonable doubt that the person is of coffcient age to r?urchace the prodcef invnivPd you chn~~Id rafi~eP +ti calP of
liquor to that individual.
You may not sell or give any alcoholic beverage to any person who looks or acts intoxicated (even 'rf they are not
driving). If you break this law, you may be arrested and charged with a crime. If convicted. you may be fined uo to
$1.000 and/or sent to counp~ jail for uo to six months. If you sell or give a0y alcnhnlir. beverage to an underage
obviously intoxicated person,yo~ u may be sued by anv person inii rl
ed by the underaggp r on
It will be the responsibility of the General Manager to assure that their store is operating within the legal restrictions of
all local regulations governing the sale and display of alcoholic beverages. Every General Manager must be
continually on the alert to ensure that the sale and handling of alcoholic beverages conforms with the law and
company policy.
Also, the General Manager should make these rules and restrictions clear to all personnel. Sales to minors regardless
of whether the General Manager is within the store at the time of sales are their responsibility.
AMERICAN DRUG STORES, INC.
ASSOCIATE POLICY STATEMENT CONCERNING SALE AND HANDLING OF ALCOHOLIC BEVERAGES
I have read the above policy statement and clearly understand American Drug Stores' policy prohibiting the sale of
alcoholic beverages to obviously intoxicated persons and persons not of legal age. I also understand the strict
requirement that in all cases, with even the slightest doubt, proper identification must be inspected as a condition of
the sale. I further understand that my involvement in ~y illegal sale of alcohol, or failure on my part to request
reasonable identification establishing the purchasers age, or the sale by me of liquor to an underage person, will
subject me to immediate disciplinary action, up to and including discharge.
Employee Signature Date General Manager Signature Date Store No.
G:\LIgLIC\FORMSILEGA LRST
Attachment D
State of California
Department of
Alcoholic Beverage Control
' CLERK'S AFFIDAVIT
and
"NOTICE TO OUR CUSTOMERS" Sign .
Required by Section 25658.4 Business & Professions Code
INSTRUCTIONS TO LICENSEE:
The attached Clerk's Affidavit (pages 2-4) and "Notice to Our Customers" sign (page 5) are
required by law effective January 1, 1992 for all off-sale (Type 20 and 21) licensees.
The Clerk's Affidavit must be read, understood and signed (under penalty of
perjury) by
every person who sells alcoholic beverages in your store, including yourself, before they may
sell any alcoholic beverage. "Alcoholic beverage" includes beer, wine, coolers or spirits.
You must keep the signed Clerk's Affidavit(s) on the licensed premises at all times and
make them available for inspection by the Department. If you have more than one licensed
premises, you may keep your signed "Clerk's Affidavit(s)" at the place where your business
records are stored. _
You may photocopy the Clerk's Affidavit if more are needed, or obtain additional copies at
no cost from your local ABC District Office.
You must post a sign similar to the one shown on page S in your store. You must post it at
your entrance, point of sale, or any other location visible to your customers and employees.
There is no minimum size requirement for the sign. It is suggested that the sign be at least
8-12 x 11".
Failure to comply with these requirements may result in the suspension or revocation of
your ABC license. If you have any questions, contact your local ABC District Office.
ABC-299 (12/93)
Attachment E
CLERK'S AFFIDAVTT
Alcoholic Beverage Control (ABC) Laws
Part 1: REVIEW OF LAWS (clerk must read and understand these laws)
(1) Sales to Underage Persons
You may not sell or give any alcoholic beverage to any person under the age of 21 yeazs. You may
not permit others to give alcoholic beverages to any underage person. Tf you break this law, you may be
arrested and chazged with a crime. If convicted, you may be fined a maximum of $1,000 and/or ordered
to do up to 32 hours of community service. (Sections 25658(a), 25658(d) & 25617 Business &
Professions Code)
(2) Underage Persons Who Purchase Alcoholic Beverages
A customer under the age of 21 years may not buy alcoholic beverages. If a customer breaks this law,
they may be arrested and charged with a crime. If convicted, the customer may be fined a maximum of
$1,000 and/or ordered to do up to 32 hours of community service. In addition, the underage customer
may have their driver's Iicense taken away or delayed for one year. (Sections 25658(b), 25658(d) and
25617 Business & Professions Code and Section 13202.5 Vehicle Code)
(3) Underage Persons who try to Purchase Alcoholic Beverages
A customer under the age of 21 yeazs may not try to buy alcoholic beverages. If a customer breaks
this law, they may be cited and chazged with a crime. The customer may be fined up to $250 and/or
ordered to do up to 36 hours of community•service. In addition, the underage customer may have their
driver's license taken away or delayed for one yeaz. (Section 25658.5 Business & Professions Code
and 13202.5 Vehicle Code) _
(4) Checking Identification (I.D,)
If you ask for and see, bona fide (legally acceptable) I.D. before you sell an alcoholic beverage to a
customer, you can defend yourself against a chazge of selling alcoholic beverages to an underage person.
(Section 25660 Business and Professions Code). An I.D. is legally acceptable if it:
O Is issued by a government agency (such as federal, state, county or city)
O Contains the name of the person
O Contains the date of birth of the person
O Contains a description of the person
O Contains a photograph of the person
O Is currently valid (in other words, not expired)
Examples of legally acceptable I.D.'s aze: a driver's license, state-issued I.D. cazd, Federal military
I.D. cazd, U.S. passport (or foreign passport with photo} or a U.S. Government immigrant I.D. card.
Caution: The picture and physical description on the I.D. must match the customer. If the I.D. is
altered or mutilated, it is'not acceptable. You must check a customer's I.D. every time you sell
alcoholic beverages to that customer.
Examples of unacceptable I.D.'s aze: temporary driver's Licenses, non-photo driver's licenses, birth
certificates and school or work I.D. cazds.
ABC-299 (12/93) 2
(5) Hours of Sale
You may only sell alcoholic beverages from 6:00 a.m, on one day unti12:00 a.m. on the following
day. If you break this law, you may be chazged with a crime. If convicted, you may be fined up to
$1,000 and/or sent to county jail for up to six months. Caution: Some stores must stop selling
alcoholic beverages earlier than 2:00 a.m. because of local laws or special conditions (restrictions) on the
ABC license. You must obey any special conditions if your store's ABC license has them. Otherwise,
the ABC license at your store may be taken away. (Sections 25661, 25b17 and 23800-23805 Business
& Professions Code)
(ti) Sales to Obviously Intoxicated Persons
You may not sell or give any alcoholic beverage to any person who looks or acts intoxicated (even if
they aze not driving). If you break this law, you may be arrested and chazged with a crime. If convicted,
you may be fined up to $1,000 and/or sent to county jail for up to six months. If you sell or give any
alcoholic beverage to an underage, obviously intoxicated person, you may be sued by any person injured
by the underage person. (Sections 25602(a), 25617 and 25602.1 Business & Professions Code)
(7) ABC License Privileges
You or your customers may not drink alcoholic beverages in your store or an adjacent property
immediately outside your store. This includes before, during or after your shift. All alcoholic beverages
you sell must be in sealed, unopened bottles, packages or containers. You may not sell an alcoholic
beverage to a person if you know that they are going to re-sell the alcoholic beverage to someone else.
You may not sell more than 52 gallons of wine to any one customer at any one time. If you break these
Iaws, the ABC license at your store may be taken away. (Sections 23300, 23355, 23393, 23394 and
23402 Business & Professions Code and Rule 27, California Code of Regulations)
Part 2: CLERK'S PRIOR VIOLATIONS (clerk must check one)
I have never been convicted of violating any law in the Alcoholic Beverage Control Act (such as
selling an alcoholic beverage to an underage or obviously intoxicated person).
I have been convicted of violating a law (or laws) in the California Alcoholic Beverage Control
Act (such as selling an alcoholic beverage to an underage or obviously intoxicated person). [If
you checked this box, please explain in full what happened, Use the space below or a separate
sheet of paper, if necessary.]
ABC-299 (12/93)
3
Part 3: DECLARATION UNDER PENALTY OF PERJURY (clerk must complete this
section)
I have read and understand this.affidavit. I swear that ali statements I have made in this affidavit
are true. I swear that I signed this affidavit, on the date stated, under "penalty of perjury". I understand
that if I did not tell the truth in this affidavit, I may be found guilty of the crime of lying.
Signature of Clerk Date
Name of Clerk (printed)
Home Address: Street City State Zip
Home Telephone Work Telephone
Part 4: ACKNOWLEDGMENT OF LICENSEE (employer must complete this section)
I have reviewed the attached "Clerk's Affidavit" with the person who signed it. I will keep a
signed copy of the "Clerk's Affidavit" at (show address where "Clerk's Affidavit" will be kept):
I understand if I do not have a signed "Clerk's Affidavit" for every person who sells alcoholic beverages
in my store, the ABC may discipline my license.
Signature of Licensee (or Licensee's Agent) Date
ABC License Number
Part 5: NOTICE TO LICENSEE (employer must read this section, then post sign in store)
You must post a sign in your store that warns customers about certain laws. The sign must be
placed at an entrance or at a point of sale in your store, or in any other location in your store that is
visible to your customers and employees. A sample sign which satisfies the requirements of Business &
Professions Code Section 25658.4(b) is shown on the following page.
ABC-299 (12/93)
4
NOTICE TO OUR CUSTOMERS
THIS STORE WILL NOT SELL ALCOHOLIC BEVERAGES IN VIOLATION OF THE
CALIFORNIA ALCOHOLIC BEVERAGE CONTROL ACT.
WE WILL REFUSE TO SELL AN ALCOHOLIC BEVERAGE TO ANY CUSTOMER IF WE
REASONABLY SUSPECT THAT:
(I) THE CUSTOMER IS UNDER THE AGE OF 21 YEARS.
(2) THE CUSTOMER LOOKS OR ACTS INTOXICATED.
{3) THE REQUEST TO BUY AN ALCOHOLIC BEVERAGE IS MADE BETWEEN THE
HOURS OF 2:00 A.M. AND 6:00 A.M. ON ANY DAY OR IN VIOLATION OF LEGALLY
REQUIRED SHORTER HOURS OF SALE.
(4) THE CUSTOMER INTENDS TO DRINK THE ALCOHOLIC BEVERAGE IN THIS
STORE OR ON ADJACENT PROPERTY Il~IMEDIATELY OUTSIDE THIS STORE.
(5) ANY OTHER VIOLATION OF THE CALIFORNIA. ALCOHOLIC BEVERAGE
CONTROL ACT WII.L OCCUR AS A RESULT OF THE SALE.
SPECIAL NOTICE TO MINORS
IF YOU ARE UNDER THE AGE OF 21 YEARS AND YOU BUY, OR TRY TO BUY, ANY
ALCOHOLIC BEVERAGE IN THIS STORE, YOU MAY BE ARRESTED AND CHARGED WITH
A CRIME. IF YOU ARE CONVICTED, YOU MAY BE FINED UP TO $1,000 AND/OR
ORDERED TO DO UP TO 36 HOURS OF COMMUNITY SERVICE.
IN ADDITION, YOUR CALIFORNIA DRIVER'S LICENSE MAY BETAKEN AWAY OR, IF
NOT YET ISSUED, DELAYED [VEHICLE CODE SECTION 13202.5j.
WE APPRECIATE YOUR COOPERATION.
THE MANAGEMENT
ABC-299 (12/93) 5
STATE OF CALIFORNIA ZONING
DEPARTMENT OF
ALCOHOLIC BEVERAGE CONTROL AFFIDAVIT
PR MISESADDR SS
PARCEL NUMBER OF PROPERTY
C~oIUJHTY ASSESSOR
S
~ ~FICE BEFOAE
CONTACTING PLANNING DEPARTMENn
TYPE OF LICENSE
LICENSE
INFORMATION UPGRADE OF LICENSED INDICATE CURRENT LICENSE TYPE
PRIVILEGES?
? YES ? NO
TYPE OF BUSINESS (Ce., RESTAURANT; MINI~AART, GAB STAION, ETC.)
HOW ARE APPLICANT PREMISE6 ZONED4 6TATE TYPE Q.s., 'C COMMERCIAL, 'R' RESIDENTIAL, ETC.)
~ DOES ZONING PERMIT INTENDED USE? ?YES ?NO
CONDITIONAL USE PERMIT (C. U. P.) NEEDED? ?YES ? NO
IFYES, DATE CONDITIONAL USE PERMITAPPLICATIONFILED (?
NAMEOFPLANNERCONTACTEDATPLANNINGDEPARTMEN PHONE NUMBER
•
Under the penalty of perjury, I declare the information in this affidavit is
We to the best of my knowledge. I acknowledge thatany false
or misleading information will constitute grounds for denial of the application for the license or if the license is issued In reliance on
information in this affidavitwhich Is false or misleadng, then such information witi constitute grounds for revagtion of the license so ,
issued.
DATE
• ' ~ ~ ~
IFAPPROVED, EFFECTIVE DATE FILE NUMBER
? C. U. P. APPROVED
DATE DENIED
? C. U. P. DENIED
ABC-
~ ,
~ i
~ ? ~
• ~
~ ~ s ~ ~ ~
! ~ i ~ ? ~
~ ~ ? ~
1
A{tachMent
__-
It you're under
21,the soft drinks
are over there.
XO L0.X0 SAIE NO WIY.
¦
¦
We do not sell BEER in
less than six -packs
o r WINE CDOL ERS i n
less than four -packs.
We apologize for any
inconvenience this may cause.
Thank You.
Attachment G
NO SALE.
NOWAY. ,Y~ls~f
,-
1 RESOLUTION NO.
• 2 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL
3 PLAN AMENDMENT NO. 00-O1 TO THE GENERAL PLAN OF THE CITY OF SAN
BERNARDINO, TO AMEND THE GENERAL PLAN LAND USE DESIGNATIONS
4 FROM RL, RESIDENTIAL LOW, TO CG3, COMMERCIAL GENERAL -
UMVERSITY VILLAGE, FOR 6.66 ACRES LOCATED AT THE NORTHWEST
5 CORNER OF UMVERSITY PARKWAY AND KENDALL DRIVE.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
7 OF SAN BERNARDINO AS FOLLOWS:
8 SECTION i. Recitals
9 (a) WHEREAS, the General Plan for the City of San Bernardino was adopted by the
10
Mayor and Common Council by Resolution No. 89-159 on June 2, 1984.
11
12 (b) WHEREAS, General Plan Amendment No. 00-01 to the General Plan of the City of
13 San Bernardino was considered by the Planning Commission on March 6, 2001, after a noticed
• 14 public hearing, and the Planning Commission's recommendation of approval has been
15 considered by the Mayor and Common Council.
16
(c) WHEREAS, an Initial Study was prepared on January 18, 2001 and reviewed by
17
18 the Environmental Review Committee and the Planning Commission who both determined that
19 General Plan Amendment No. 00-O1 would not have a significant effect on the environment
20 and therefore, recommend that a mitigated Negative Declaration be adopted.
21
(d) WHEREAS, the proposed mitigated Negative Declaration received a 20-day public
22
23 review period from January 24, 2001 through February 14, 2001 and all comments relative
24 thereto have been reviewed by the Planning Commission and the Mayor and Common Council
25 in compliance with the California Environmental Quality Act (CEQA) and local regulations.
26 (e} WHEREAS, the Planning Commission conducted a noticed public hearing on
• 27
March 6, 2001 in order to receive public testimony and written and oral comments on General
28
X916 /Y
1 /~/2/D ~
1 Plan Amendment No. 00-01 (a proposal to change the General Plan Land Use Designation
• 2 from RL, Residential Low, to CG-3, Commercial General -University Village, for 6.66 acres
3 located at the northwest corner of University Parkway and Kendall Drive) and fully reviewed
4
and considered the Planning Division staff report and the recommendation of the
5
6 Environmental Review Committee.
7 (f) WHEREAS, the Mayor and Common Council held a noticed public hearing and
8 fully reviewed and considered proposed General Plan Amendment No. 00-O1 and the Planning
9
Commission and Environmental Review Committee recommendations and Planning Division
10
Staff Report on Apri12, 2001.
ll
12 (g) WHEREAS, the adoption of General Plan Amendment No. 01-01 is deemed in the
13 interest of the orderly development of the City and is consistent with the goals, objectives and
• 14 policies of the existing General Plan.
15
SECTION 2. Miti atg ed Negative Declaration
16
NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED by the
17
18 Mayor and Common Council that the proposed amendment to the General Plan of the City of
19 San Bernardino will have no significant effect on the environment, and the mitigated Negative
20 Declaration heretofore prepared by the Environmental Review Committee as to the effect of
21
this proposed amendment is hereby ratified, affirmed and adopted.
22
23 SECTION 3. Findines
24 BE IT FURTHER RESOLVED by the Mayor and Common Council of the City of San
25 Bernardino that:
2G A. The proposed amendment is internally consistent with the General Plan in that it meets
• 27
Objective 1.23 to "Develop properties adjacent to the California State University at San
28
2
1 Bernazdino along North Pazk Boulevard, Kendall Drive, and University Parkway for
• 2 commercial and personal service uses to meet the needs of students, faculty and
3 visitors".
4
B. The proposed amendment would not be detrimental to the public interest, health, safety,
5
6 convenience, or welfare of the City in that any development proposed for the site in the
7 future will be required to meet the extensive development standazds that are in place to
8 buffer nearby sensitive uses and that enable commercial projects to blend with adjacent
9 neighborhoods.
10
C. The proposed amendment would not impact the balance of land uses within the City in
11
12 that the addition of commercial designated land will provide additional opportunities for
13 economic development that have been lost during the recession of the last several years.
• 14 D. In the case of an amendment to the General Plan Land Use Map, the subject parcel(s) is
15
physically suitable (including, but not limited to access, provision of utilities,
l6
compatibility with adjoining land uses, and absence of physical constraints) for the
17
18 requested land use designation(s) and the anticipated land use development(s) in that the
19 amendment area is bounded on two sides by developed, dedicated streets, and existing
20 infrastructure suitable for urban development.
21
SECTION 4. Amendment
22
23 BE IT FURTHER RESOLVED by the Mayor and Common Council that:
24 A. The Land Use Plan of the General Plan of the City of San Bernazdino is amended by
25 changing the land use designation from RL, Residential Low, to CG-3, Commercial
26 General -University Village, for 6.66 acres located at the northwest corner of
• 27
University Parkway and Kendall Drive. This amendment is designated as General Plan
28
3
I
1 Amendment No. 00-01 and its location is outlined on the map entitled Exhibit 1, and
• 2 further described in Exhibit 2, copies of which are attached and incorporated herein for
3 reference.
4
B. General Plan Amendment No. 00-Oi shall become effective immediately upon adoption
5
G of this resolution.
7 SECTION 5. Map Notation
8 This resolution and the amendment affected by it shall be noted on such appropriate
9 General Plan maps as having been previously adopted and approved by the Mayor and
10
Common Council and which are on file in the office of the City Clerk.
it
12 SECTION 6. Notice of Determination
13 The Planning Division is hereby directed to file a Notice of Determination with the
• 14 County Clerk of the County of San Bernardino certifying the City's compliance with
15 California Environmental Quality Act in preparing the Negative Declaration.
16
////
17
18 /!/1
19 //// ~I
20
21
22
23
24
25
26
• 27
28
4
1 RESOLUTION ...ADOPTING GENERAL PLAN AMENDMENT NO. 00-Oi TO
• THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO, TO AMEND THE
2 GENERAL PLAN LAND USE DESIGNATIONS FROM RL, RESIDENTIAL LOW, TO
3 CG-3, COMMERCIAL -UNIVERSITY VILLAGE, FOR 6.66 ACRES LOCATED AT
THE NORHTWEST CORNER OF UMVERSITY PARKWAY AND KENDALL DRIVE.
4
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
5
6 Common Council of the City of San Bernardino at a meeting thereof,
7 held on the day of , 2001, by the following vote, to wit:
8 Council Members AYES NAYS BA STAIN ABSENT
9 ESTRADA
10
LIEN
11
12 MCGINNIS
13 SCHNETZ
• 14 SUAREZ
15 ANDERSON
16
MC CAMMACK
17
18
19 City Clerk
' 20 The foregoing resolution is hereby approved this day of
21
2001.
22
JUDITH VALLES, Mayor
23 City of San Bernazdino
24 Approved as to form
and legal content:
25
26 JAMES F. PENMAN
City Attorney
• ?
28 ,
5
Exhibit 1
CITY OF SAN BERNARDINO PROJECT: GPA No. 00-01;
PLANNING DIVISION TPM No. 15537; CUP No. 00-13;
LOCATION MAP VAR No. 00-10
LAND USE DISTRICTS HEARING DATE: 04/02/01 NORTH
Proposed GPA from RL, Residential Low to CG-3, Commercial General
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EXHIBIT 2
•
PARCEL A
(APN 0151-241-03,12)
THAT PORTION OF LOTS 1 AND 2, BLOCK 3 OF THE WIGGINS TRACT, IN THE CITY
OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS
PER PLAT RECORDED IN BOOK 3 OF MAPS, PAGE(S) 74, RECORDS OF THE COUNTY
RECORDER OF SAID COUNTY, LYING NORTHWESTERLY OF A LINE THAT IS 100.00
FEET NORTHWESTERLY OF AND MEASURED AT RIGHT ANGLES TO AND
PARALLEL WITH THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF
KENDALL DRIVE AS CONVEYED TO THE COUNTY OF SAN BERNARDINO BY DEED
RECORDED NOVEMBER 13, 1925, IN BOOK 39, PAGE 57, OFFICIAL RECORDS OF
SAID COUNTY AND THE WEST LINE OF SECTION 17, TOWNSHIP 1 NORTH, RANGE 4
WEST, SAN BERNARDINO MERIDIAN IF SAID SECTION LINES WERE EXTENDED
ACROSS THE MUSCUPIABE RANCHO, AS PER PLAT RECORDED IN BOOK 7 OF
MAPS, PAGE 23, RECORDS OF SAID COUNTY; THENCE SOUTH 60° 34' S6" EAST
(RECORDED SOUTH 60° 25' EAST) ALONG SAID CENTER LINE, A DISTANCE OF 35.84
FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 58° 45' 19" EAST, A
DISTANCE OF 378.22 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE
• LEFT, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 4000.00 FEET;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 09° 15' 19", A DISTANCE OF 646.14 FEET; THENCE NORTH 49°
30' 00" EAST, TANGENT TO SAID CURVE, A DISTANCE OF 563.31 FEET TO THE
POINT OF TERMINATION.
THE SIDE LINES OF SAID PARCEL ARE TO BE LENGTHENED OR SHORTENED SO AS
TO COMMENCE ON THE NORTHEASTERLY RIGHT OF WAY LINE OF SAID
KENDALL DRIVE AND TO TERMINATE ON A LINE THAT IS 120.00 FEET,
SOUTHWESTERLY OF, MEASURED AT RIGHT ANGLES TO AND PARALLEL WITH !I
THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE MOST WESTERLY CORNER OF THE PROPERTY CONVEYED TO
THE STATE OF CALIFORNIA BY DEED RECORDED JUNE 30, 1964, IN BOOK 6180,
PAGE 106, OFFICIAL RECORDS OF SAID COUNTY, A RADIAL BEARS NORTH 31° 2S'
59" EAST, FROM SAID MOST WESTERLY CORNER OF SAID STATE PROPERTY;
THENCE ALONG A CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADNS
OF 2268.19 FEET ANA A CENTRAL ANGLE OF 35° 46' Ol", A DISTANCE OF 14SS.S1
FEET TO THE TERMINATION THEREOF.
EXCEPTING THEREFROM ANY PORTION THEREOF LYING WITHIN THAT CERTAIN
. PARCEL OF LAND CONVEYED TO RYLAND M. THOMASON, A MARRIED MAN BY
DEED RECORDED NOVEMBER 30, 1962, IN BOOK 5810, PAGE 124, OFFICIAL
• RECORDS OF SAID COUNTY.
ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE SAN
BERNARDINO COUNTY FLOOD CONTROL DISTRICT BY DEED RECORDED APRIL
23,1940, IN BOOK 1415, PAGE 37, OFFICIAL RECORDS OF SAID COUNTY.
NOTE: BASIS OF BEARING FOR THE ABOVE LEGAL DESCRIPTION IS A BEARING OF
SOUTH 21 ° 48' 00" EAST, BETWEEN G. E. SHEARES CORNER NUMBER 14 AND
CORNER NUMBER 15 AS PER RECORD OF SURVEY RECORDED IN BOOK 4, PAGES 9
AND 10, RECORDS OF SAID COUNTY.
i REFERENCE IS MADE TO A RIGHT OF WAY MAP ON FILE IN THE CITY ENGINEERS
OFFICE, PLAN N0.3181 FOR MORE PARTICULARS.
PARCEL B
(APN 0266-115-14)
THAT PORTION OF THE NORTHWEST 1/4 OF LOT 3, BLOCK 3 OF THE WIGGINS
TRACT, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO,
STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 3 OF MAPS, PAGE(S) 74,
RECORDS OF THE COUNTY RECORDER OF SAID COUNTY, LYING
• NORTHWESTERLY OF A LINE THAT IS 100.00 FEET NORTHWESTERLY OF AND
MEASURED AT RIGHT ANGLES TO AND PARALLEL WITH THE FOLLOWING
DESCRIBED LINE:
COMMENCING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF
KENDALL DRIVE AS CONVEYED TO THE COUNTY OF SAN BERNARDINO BY DEED
RECORDED NOVEMBER 13, 1925, IN BOOK 39, PAGE 57, OFFICIAL RECORDS OF
SAID COUNTY, AND THE WEST LINE OF SECTION 17, TOWNSHIP I NORTH, RANGE 4
WEST, SAN BERNARDINO MERIDIAN, IF SAID SECTION LINES WERE EXTENDED
ACROSS THE MUSCUPIABE RANCHO, AS PER PLAT RECORDED IN BOOK 7 OF
MAPS, PAGE 23, RECORDS OF THE COUNTY RECORDER OF SAID COUNTY; THENCE
SOUTH 60° 34' S6" EAST (RECORDED SOUTH 60° 26' EAST) ALONG SAID CENTER
LINE, A DISTANCE OF 35.84 FEET TO THE TRUE POINT OF BEGINNING; THENCE
NORTH 58° 45' 19" EAST, A DISTANCE OF 378.22 FEET TO THE POINT OF
TERMINATION.
NOTE: THE BASIS OF BEARING FOR THE ABOVE LEGAL DESCRIPTION IS A
BEARING OF SOUTH 21 ° 48' 00" EAST, BETWEEN G. E. SHEARES CORNER N0. 14
AND CORNER N0. 15, AS PER RECORD OF SURVEY, RECORDED IN BOOK 4, PAGES
9 AND 10, RECORDS OF SAID COUNTY.
PARCEL C
• THE PROPERTY REFERRED TO IN THIS REPORT IS SITUATED TN THE NORTHWEST
ONE QUARTER OF SECTION 17, TOWNSHIP 1 NORTH, RANGE 4 WEST, IN THE CITY
OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,
AND IS DESCRIBED AS FOLLOWS;
THAT PORTION OF BLOCK 3, OF THE WIGGINS TRACT, AS SHOWN BY MAP ON
FILE IN BOOK 3, PAGE 74, OF MAPS, RECORDS OF SAN BERNARDINO COUNTY,
CALIFORNIA, DESCRIBED AS FOLLOWS;
COMMENCING AT THE CENTERLINE INTERSECTION OF KENDALL DRIVE AND
UNIVERSITY PARKWAY;
THENCE NORTH 60 DEGREES 32 MINUTES 54 SECONDS WEST ALONG SAID
CENTERLINE OF KENDALL DRIVE, A DISTANCE OF 35.74 FEET, TO ITS
INTERSECTION WITH THE WEST LINE OF SAID SECTION 17;
THENCE NORTH 00 DEGREES 02 MINUTES 35 SECONDS WEST ALONG THE WEST
LINE OF SAID SECTION 17, A DISTANCE OF 57.44 FEET TO THE NORTHERLY RIGHT
OF WAY OF KENDALL DRIVE BEING THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG THE WEST LINE OF SAID SECTION 17, NORTH 00
• DEGREES 02 MINUTES 35 SECONDS WEST A DISTANCE OF 23.01 FEET TO A POINT
THAT MEASURES 100.00 FEET NORTHWESTERLY AND PERPENDICULAR TO THE
CENTERLINE OF UNIVERSITY PARKWAY;
THENCE NORTH 58 DEGREES 47 MINUTES 55 SECONDS EAST PARALLEL TO SAID
' CENTERLINE OF UNIVERSITY PARKWAY, A DISTANCE OF 354.16 FEET TO THE
BEGINNING OF A 3900.00 FOOT RADIUS NON-TANGENT CURVE, CONCAVE TO THE
NORTHWEST, A RADIAL TO SAID BEGII~INING BEARS SOUTH 31 DEGREES 13
MINUTES 38 SECONDS EAST;
THENCE NORTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE
OF 09 DEGREES 15 MINUTES 10 SECONDS AN ARC DISTANCE OF 629.82 FEET, A
RADIAL TO SAID POINT BEARS SOUTH 40 DEGREES 28 MINUTES 48 SECONDS
EAST, SAID POINT BEING 100.00 FEET NORTHWESTERLY AND PERPENDICULAR TO
THE CENTERLINE OF UNIVERSITY PARKWAY;
THENCE NON-TANGENT TO SAID CURVE, NORTH 49 DEGREES 31 MINU'T'ES 36
SECONDS EAST PARALLEL TO THE CENTERLINE OF UNIVERSITY PARKWAY A
DISTANCE OF 102.33 FEET TO THE NORTH LINE OF LOT 1, BLOCK 3, OF THE
WIGGINS TRACT AS RECORDED IN BOOK 3, PAGE 74, OF MAPS, RECORDS OF SAN
BERNARDINO COUNTY, CALIFORNIA;
THENCE NORTH 89 DEGREES 58 MINUTES 16 SECONDS EAST ALONG SAID NORTH
LINE OF SAID LOT 1 A DISTANCE OF 53.95 FEET, TO A POINT THAT MEASURES
65.00 FEET NORTHWESTERLY AND PERPENDICULAR TO THE CENTERLINE OF
UNIVERSITY PARKWAY;
THENCE SOUTH 49 DEGREES 31 MINUTES 36 SECONDS WEST PARALLEL TO THE
CENTERLINE OF UNIVERSITY PARKWAY A DISTANCE OF 293.12 FEET TO THE
BEGINNING OF A 3025.16 FOOT RADIUS TANGENT CURVE, CONCAVE TO THE
NORTHWEST;
THENCE SOUTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE
OF O1 DEGREES 09 MINUTES 19 SECONDS AN ARC DISTANCE OF 61.00 FEET, TO
THE BEGINNING OF A 3940.00 FOOT RADIUS NON-TANGENT CURVE, CONCAVE TO
THE NORTHWEST, A RADIAL TO SAID BEGINNING BEARS SOUTH 37 DEGREES 24
MINUTES 51 SECONDS EAST;
THENCE SOUTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE
OF 06 DEGREES 11 MINUTES 12 SECONDS AN ARC DISTANCE OF 425.43 FEET, SAID
POINT BEING 60.00 FEET NORTHWESTERLY AND PERPENDICULAR TO THE
CENTERLINE OF UNIVERSITY PARKWAY;
THENCE NON-TANGENT TO SAID CURVE, SOUTH 58 DEGREES 47 MINUTES 55
SECONDS WEST PARALLEL TO THE CENTERLINE OF UNIVERSITY PARKWAY, A
. DISTANCE OF 333.48 FEET;
THENCE SOUTH 89 DEGREES 07 MINUTES 31 SECONDS WEST A DISTANCE OF 36.59
FEET TO THE NORTHERLY RIGHT OF WAY TO KENDALL DRIVE;
THENCE NORTH 60 DEGREES 32 MINUTES 54 SECONDS WEST ALONG THE
NORTHERLY RIGHT OF WAY OF SAID KENDALL DRIVE A DISTANCE OF 2.11 FEET
TO THE TRUE POINT OF BEGINNING.
SAID PROPERTY CONTAINS 0.9909 ACRES.
RPR-02-01 09:15 RM MAPCO 909 890 9355 P.01
April 2, 2001
James Funk, Director of Developmont Services
City of San Bernardino
300 Nonh'v" St., 3n° Floor
San Bernardino, CA 42418
Re: University Commons Retail Center
QPA 00-01, CUP 00-13
Dcar lames:
On behalf of the owner/developer. Berksou Realty Advisors, we heroby wish to modify - -- .
our proposed project to eliminatethe propoudleft-band tum lane located oa Univasity
Aveaue.
Due to araunstancea ittvotving exiatiag and proposed uaHic patterns. u weIl as new
information brought to our attemiorl by California State University at Saa Baaerdino, we
fed that it is not appropriate to address this feature tt this tine. "~`
Please have your staff roport amended aocordingiy
Thank you.
very truly yours,
David fi. Mlypatalo
D]..M:chd
184 W. NoapiEatily lane. Suite 1•A P.O. Box 5822 San eematdlno, CA 82412
A90~9333 Fax 89Q-8355
TslephgrN: (909) (908}
~~v/
~lq
CITY CLERK'S OFFICE
RnctrEt, G. CLAxx, C.M.C. - Crrv Crexx
P.O. Box 1318 • San Bernazdino • CA 92A02
300 North "D" Street • San Bernardino • CA 92418-0001
909.384.5002 • Fax: 909.384,5158
Business Registration Division: 909.384.5302
San Bernar ono Passport Acceptance Facility: 909.384.5128
sM www.ci.san-bernazdino.ca.us
Apri14, 2001
Mr. David Mlynarski
MAPCO
P.O. Box 5822
San Bernardino, CA 92412
Dear Mr. Mlynarski:
At their meeting of April 2, 2001, the Mayor and Common Council approved the following
motion relative to the project located at the northwest comer of Kendall Drive and University
Parkway.
That the public hearing be closed; that the Mayor and Common Council adopt the
resolution and adopt the Mitigated Negative Declaration and Mitigation Monitoring and
Reporting Program; approve Tentative Parcel Map No. 15537; Conditional Use Permit
No. 00-13, excluding median cut on University Parkway; Variance No. 00-10; and make
a determination that the public convenience or necessity is served based on the Findings
of Fact and subject to the Conditions of Approval (Attachments C and D as amended) in
the Planning Commission Staff Report, and direct the Development Services Department
to send a letter to the Department of Alcoholic Beverage Control for a Type 21 (off-sale
general) license for the proposed Sav-On Store located at the northwest corner of
University Parkway and Kendall Drive; and direct staff to identify options to mitigate
through traffic on Cambridge.
If we can be of further assistance, please do not hesitate to contact this office.
Sincerely,
( ,
,A_:_
Rachel G. Clark, CMC
City Clerk
RCas
cc: Development Services
Howard Berkson, Berkson Realty LLC, 1341 India Street, San Diego, CA 92101
CITY OF SAN BERNARDINO
ADOrI'EU SHARED VALUES: Integrity • Accountability • Respect for Human Dignity • Honesty
FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): ~`}- 2-O ~ Item # \ q Resolution # 200 \ "~5
Vote: Ayes ~ -'~ Nays ~ Abstain Absent
Change to motion to amend original documents: -"
Reso. # On Attachments: Conhact term: '~~ NulWoid After: '--
Note on Resolution of Attachment stored sepazately: ~-
Duect City Clerk to (circle 1): PUBLISH, POST, RECORD W/COUNTY Date: -- See Attached:
Date Sent to Mayor: ~- 3^O 1 Reso. Log Updated:
Date of Mayor's Signature: ~I-3-O1 Seal Impressed: ~/
Date of Clerk/CDC Signature: 4-4-b\
Date Memo/Letter Sent for Signa See Attached: _ Date Returned:
60 Day Reminder Letter Sent on 30th day: See Attached: _
90 Day Reminder Letter Sent on 45th day: See hed:
Request for Council Action & Staff Report Attached: Yes ? No _ By
Updated Prior Resolutions (Other Than Below): Yes _ No ? By
Updated CTTY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Yes _ No c/ By
Updated CDC Personnel Folders (5557): Yes _ No i/ By
Updated Traffic Folders (3985, 8234, 655, 92-389): Yes No ~ By
Copies Distributed to:
City Attorney ~ Code Compliance Dev. Services EDA Finance MIS
Pazks & Rec. Police Public Services Water Others:
Notes:
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term etc )
Ready to File: iYt Date: q~4-~