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HomeMy WebLinkAbout35-Development Services CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subject: Appeal No. 07-OS -Appeal of the Planning Commission denial of Conditional Use Permit No. Dept: Development Services OS-17 (Amendment to Conditions No. 07-03) to convert 12 three-story live/work units into mixed- use units. The project site is located on the north side of 3rd Street, approximately 240 feet east of Sierra Way in the CG-2, Commercial General land use district. Date: September 6, 2007 MCC Date: October 1, 2007 Synopsis of Previous Council Action: On February 21, 2006, the Mayor and Common Council approved Development Code Amendment No. OS-06, General Plan Amendment No. OS-12, Tentative Tract Map No. 17704, and Conditional Use Permit No. OS-17. Recommended Motion: That the hearing be closed and that the Mayor and Common Council deny Appeal No. 07-OS and uphold the Planning Commission's denial of Conditional Use Permit No. OS-17 (Amendment to Conditions No. 07-03). Alternative Motion: That the hearing be closed and that the Mayor and Common Council grant Appeal No. 07-OS and approve Conditional Use Permit No. OS-17 (Amendment to Conditions No. 07-03) based on the previously adopted Findings of Fact and Revised Conditions of Approval (Exhibit 3). {~,u',~,cy G. ~e~ Valerie C. Ross Contact person: Amn Lian¢. Senior Planner Phone: 384-5057 Supporting data attached: Staff Resort Ward(s): 1 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.l (Acct. Description) Finance: 1. Council Notes: ~~I ~ t/7 Agenda Item No. CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: APPEAL OF PLANNING COMMISSION DENIAL OF CONDITIONAL USE PERMIT NO.OS-17 (AMENDMENT TO CONDITIONS N0.07-03) Owner/Appellant: George Jordan ANR Homes, Inc. 10702 Hathaway Drive, No. 1 Santa Fe Springs, CA 90670 562-777-7807 BACKGROUND The appellant is appealing the Planning Commission denial of Conditional Use Permit No. OS-17 (Amendment to Conditions No. 07-03) to convert 12 three-story live/work units into mixed-use units. The project site is located on the north side of 3'~ Street, approximately 240 feet east of Sierra Way in the CG-2, Commercial General land use district (Exhibit 1). The amendment proposed for Conditional Use Permit No. OS-17 would allow ANR to convert 12 three-story live/work units, currently under construction on the project site as approved by the Mayor and Common Council on February 21, 2006, to mixed-use units. Please refer to the Planning Commission Staff Report for details (Exhibit 2). At its meeting on August 21, 2007, the Planning Commission opened the public hearing and received public testimony on the subject matter. After considerable discussion, the Planning Commission voted 5 to 2 to deny Conditional Use Permit No. OS-17 (Amendment to Conditions No. 07-03). Commissioners Durr, Hawkins, Heasley, Munoz, and Sauerbrun voted to deny the application and Commissioners Dailey and Mulvihill voted in favor of the proposal. Commissioners Coute, Longville, and Rawls were absent. The Planning Commission members who opposed the proposed revision stated that since the Mayor and Common Council originally approved the project as live/work units, the Mayor and Common Council should be the review authority to consider the proposed revision, which would constitute a change in land use to be considered as a matter of land use policy. In order to ensure at least partial owner occupancy in each mixed-use unit, the applicant proposed a condition of approval to require that the CC&R's specify that the owner of each unit may only lease a portion of the unit, either the residence or the commercial space. The City Attorney's Office recommended against such a condition, because the City would not be able to enforce compliance. If the Mayor and Common Council should grant the appeal, revised Conditions of Approval, omitting this condition, are attached as Exhibit 3. AP No. 07-OS Hearing Dare 10/1 /07 Page 2 The appellant filed an appeal to the Mayor and Common Council on August 27, 2007. The appellant is asking that the Mayor and Common Council overturn the decision of the Planning Commission. The grounds for the appeal aze that the denial did not reflect the facts and merits contained in the handout brochure (technical information) and the Planning Commission Staff Report dated August 21, 2007. The appeal also indicates that there were no public concerns or oppositions to the proposed conversion. The details of the appeal aze in Exhibit 4. FINANCIAL IMPACT None. The applicant paid all applicable filing fees. RECOMMENDATION That the hearing be closed and that the Mayor and Common Council deny Appeal No. 07-OS and uphold the Planning Commission's denial of Conditional Use Permit No. OS-17 (Amendment to Conditions No. 07-03). ALTERNATIVE MOTION: • That the hearing be closed and that the Mayor and Common Council grant Appeal No. 07-OS and approve Conditional Use Permit No. OS-17 (Amendment to Conditions No. 07-03) based on the previously adopted Findings of Fact and Revised Conditions of Approval (Exhibit 3). EXHIBITS: 1. Location Map 2. Planning Commission Staff Report dated August 21, 2007 3. Revised Conditions of Approval 4. Application for Appeal EXHIBIT l CITY OF SAN BERNARDINO PLANNING DIVISION PROJECT: AC 07-03 (CUP OS-17) LOCATION MAP NORTH HEARING DATE: October 1, 2007 S COURT I E R R A W Project Site A Y 3'~ St. r c c c fC} Cih/ of San Bernardino n6ft ~t~ airs EXHIBIT 2 SUMMARY CITY OF SAN BERNARDINO PLANNING DIVISION CASE: Conditional Use Permit No. OS-17 (Amendment to Conditions No. 07-03) AGENDA ITEM: 2 HEARING DATE: August 21, 2007 WARD: 1 OWNER/APPLICANT: ~ Augustin Rodriguez ANR Homes, Inc. 10702 Hathaway Drive, No. t Santa Fe Springs, CA 90670 562-777-7807 REQUEST/LOCATION: A request to convert 12 three-story mixed-use residential and commercial live/work detached dwelling units into mixed-use units. The project site is located on the north side of 3rd Street, approximately 240 feet east of Sierra Way in the CG-2, Commercial General land use district. CONSTRAINTS/OVERLAYS: None ENVIRONMENTAL FINDINGS: ? Not Applicable ? Exempt from CEQA, Section 15332 - In-fill Development ? No Significant Effects D Previous Mitigated Negative Declaration STAFF RECOMMENDATION: D Approval ~ Conditions ? Denial ? Continuance to: AC No. 07-03 August 2!. 1007 Page 1 REQUEST AND LOCATION The applicant requests approval of an amendment to the conditions of approval of Conditional Use Permit (CUP) No. OS-17, under the authority of Development Code Section 19.06020, Table 06.01 (K) (14b) to convert 12 three-story mixed-use residential and commercial live/work detached dwelling units into mixed-use units. The project site is located on the north side of 3rd Street, approximately 240 feet east of Sien-a Way in the CG-2, Commercial General land use district (Attachment A). SETTING/SITE CHARACTERISTICS Surrounding uses to the north aze multi-family apartments in the RH, Residential High district. To the east abutting the site is a fire station and to the west and south adjacent to the site are commercial uses in the CO, Commercial Office land use district. Presently, 12 three-story , mixed-use residential and commercial live/work detached dwelling units aze under construction on the project site, as approved by the Mayor and Common Council on February 21, 2006. BACKGROUND On January 10, 2006, the Planning Commission recommended that the Mayor and Common Council approve Development Code Amendment No. OS-06 to establish standards for mixed-use development, General Plan Amendment No. OS-12 to change the land use designation of the • project site from CO-1, Commercial Office to CG-2, Commercial General, Tentative Tract Map No. 17704 (Subdivision No. OS-31) to create a 1-lot condominium subdivision on 1.3 acres, and Conditional Use Permit No. OS-17 to construct 12 three-story mixed-use residential and commercial live/work detached dwelling units. The Planning Commission expressed a concern about long-term property owner caze and maintenance of the project site. In its approval recommendation to the Mayor and Council, the Planning Commission specified that the dwellings should be live/work units, and not mixed use units. On February 21, 2006, the Mayor and Common Council approved Development Code Amendment No. OS-06, General Plan Amendment No. OS-12, Tentative Tract Map No. 17704, and Conditional Use Permit No. 05-17. In keeping with the recommendation of the Planning Commission, Condition of Approval #1 of CUP No. OS-17 specified that all 12 units must be live/work units. Live/work units are distinguished from mixed use as follows: Live/work Unit: The building contains a residential unit and, typically, the ground floor contains a single store, shop, or office for operation by the resident. There is no barrier between the residential quarters and the commercial azea, so the resident would typically be the owner/operator of the business. Mixed-use Unit: The building contains a residential unit and, typically, the ground floor contains a single store, shop, or office. The residential quarters and ground floor commercial area are not connected, so each azea maybe rented or leased to a tenant(s). The business being operated in the work azea does not have to be owned or operated by the occupant(s) of the residence. AC No. 07-03 August 11, 1007 Page 3 CURRENT REQUEST Recent changes in economic conditions have prompted the applicant to study the current housing mazket to ensure the success of the Meadowbrook Park Lofts, now under construction on the project site. Drawing on the knowledge, expertise and experience of numerous experts in the housing mazket, ANR Homes, Inc. (ANR) has conducted a comparative market study of mixed- use development and live/work units, to predict market demand and consumer preferences for the Meadowbrook Park Lofts project. The study methodology consisted mainly of site visits and interviews with developers and sales agents at various locations in Orange and Los Angeles Counties. ANR has determined that amixed-use project would be more viable than live/work units at the subject site. Therefore, ANR requests that the Condition of Approval #1 of CUP No. OS-17 be amended to permit amixed-use configuration in the 12 Meadowbrook Pazk Lofts. As a solution to the Planning Commission concern about owner occupancy, the applicant also proposes to add a new Condition of Approval #20, as follows. This condition will guarantee owner occupancy in the Meadowbrook Pazk Lofts. In each unit, either the business owner or the resident will own the structure. 20. Mixed-Use Unit Owner Occunancv Requirements: An occupied mixed-use unit shall be occupied by a minimum of one owner identifred in the owner's title policy as an owner of the unit. An owner of an occupied mixed-use unit shall occupy, at a minimum, the work area or residential quarters of a mixed-use unit. An owner(s) occupying the work area may . lease the residential quarters ro another parry but shall not lease the work area to a third party. An owner occupying the residential quarters may lease the work area to another party but shall not lease the residential quarters to a third party. Exceptions must be approved by the City of San Bernardino Planning Commission. These restrictions shall be incorporated in the project CC&R's, to be approved by the Planning Division prior to recordation ofTTMNo. 17704. Another issue related to conversion of the project from live/work to mixed-use is the adequacy of on-site pazking. With live-work units, the business owners would be parked in the garages and all open pazking would be available for visitors and patrons. For mixed-use units, the open pazking spaces would also be utili2ed by business owners. Since the project was designed to exceed Code requirements for commercial pazking (20 spaces required at 1/180, 24 provided) on-site pazking will be sufficient. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEOA) STATUS A Mitigated Negative Declaration was adopted concurrent with the original approval of Development Code Amendment No. OS-06, General Plan Amendment No. OS-12, Tentative Tract Map No. 17704 (Subdivision No. 05.31), and Conditional Use Permit No. OS-17 on February 21, 2006. The physical impact of the request to convert from live/work units to mixed- use units is only a minor adjustment in the unit floor plan. The resulting change in use would be more intensive, but given the small scale of the project and its location in the center of the City, • the proposed amendment to the conditions of approval would not alter the previous environmental determination, or require additional environmental review under CEQA. AC No. 07-03 August 2/. 2001 Page 4 CONCLUSION: No substantial changes are proposed for the approved design of the Meadowbrook Pazk Lofts. The project is still consistent with the Findings of Fact adopted for its approval, and remains within the scope of the previously adopted Mitigated Negative Declaration. The effects of the proposed amendment to Condition #I, allowing mixed uses in the Lofts, will be offset by the owner occupancy requirements of Condition #20 (Attachment C). Therefore, the proposed Amendment to Conditions No. 07-03 is consistent with the original approval of CUP No. OS-17. RECOMMENDATION Staff recommends that the Planning Commission approve Amendment to Conditions No. 07-03 to Conditional Use Permit No. OS-17, based on the previously adopted Findings of Fact and Revised Conditions of Approval (Attachment C). Respectfully Submitted, Yi G~ Valerie C. Ross Director of Development Services Department Ci v Aron Liang Senior Planner Attachment A Location Map Attachment B Planning Commission Staff Report dated January I0, 2006 Attachment C Revised Conditions of Approval ATTACHMENT A CITY OF SAN BERNARDINO PLANNING DIVISION PROJECT: AC 07-03 (CUP OS-17) LOCATION MAP NORTH HEARING DATE: August 21, 2007 S COURT I E R R A W Project Site A Y 3'~ St. r C C f C) City of San Bernardino Eft ~:.:r.~af T T~ ~ D ATTACHMENT B S V 1~'1Mti~Y CITY OF SAN BERrARDINO PLANNING DIVISION CASE: Development Code Amendmen[ No. 05-06, General Plan Amendment No. OS-12, Tenta[ive Trac[ Map No. 17704 (Subdivision No. OS-31), & Conditional Use Permi[ No. OS-17 AGENDA ITEM: 2 HEARING DATE: January l0, 2006 WARD: I (General Plan Amendmen[, Tentative Tract Map & Conditional Use Permit) Citywide (Developmen[ Code Amendment) OW\ER: APPLICANT: APPLICANT: Cliff Carol Allan `Ali" Cayir, Presiden[, Transtech Engineers Dave Mlynarski. Presiden[, MAPCO 296 Paseo Primavera 3" Street Developmen[ 3A0 Sveet Development Palm Desen, CA 92412 P.O. Box 5822 P.O. Box 5822 760.200.7827 San Bernardino, CA 92408 San BernaMino, CA 92408 909.383.8579 909.384.7464 REQUEST/LOCATION: Development Code Amendment Modify Sections 19.06.020, Table 06.01 (K) (5) and (14), Section 19.06.030, Table 6.03 and Section 19.06.030 (2) (C) of the Development Code to establish s[andards for mixed-usa developmen[ and permit vertical and /or horizontal mixed-use developmen[ containing commercial uses mixed with residential uses subject to approval of a Conditional Use Permit in the CR-2, CG-2, CG-3, and CG-4 land use disvicts. General Plan Amendment To change the land use designation of approximately I.3 acres of from CO-1, Commercial Oftce to CG-2, Commercial General land use district. Tentative Tract Map To subdivided approximately 1.3 acres [o create a 1-lot condominiu[:[ subdivision. Conditional Use Permit To cons[ruct 12 three-story mixed-use residential and commercial live/work detached dwelling units in [he CG-2, Commercial General land use distric[. The project site is located on the notth side of 3rd Street, approximately 230 feet east of Sierra Way in the CO-1, Commercial Office land use disvict. CONSTRAINTS/OVERLAYS: Nune ENVIRO\11[E\-I'AL FINDINGS: ~ Exempt from CEQA 7 No Significant Effec[ ~ Poren[ial Effecn, '.Mitigation Measures and Mi[i¢ation !~4onitoring/Reporting Plan STAFF RECOMMENDATION: ~ Approval ~ Conditions 7 Denial ~ Cuntinuance to: GPA No. OS-1 Z ~' LLM No. /7704 /Sub. OS-311 . CUP No. OS-!3 3auuan• !0, 20106 Page ? REQUEST A?~~ PROJECT DESCRIPTION A request for approval of Development Code Amendment No. 05-06 to modify Sections 19.06.020, Table 06.01 (K) (5) and (14), Section 19.06.030, Table 6.03 and Section 19.06.030 (2) (C) of the Development Code to establish standards for mixed-use development and permit vettical and/or horizontal mixed-use development contaitung commercial uses mixed with residential uses subjec[ [o approval of a Conditional Use Permit in the CR-2, CG- 2. CG-3, and CG-4 land use districts. The Development Code Amendment will be applicable on a Citywide basis. Also requested are General Plan Amendment No. OS-12 under the authority of Development Code Section 19.50 to change the land use designation of approximately 1.3 acres of from CO-1, Commercial Office to CG-2, Commercial General, Tentative Tract Map No. 17704 (Subdivision No. OS-31) under the authority of Development Code Section 19.66.070 to create a 1-lot condominium subdivision on a 1.3-acre parcel and Conditional Use Permit No. OS-17 under the authority of Development Code Section 19.06.020, Table 06.01 (K)(14) [o construct 12 three-story mixed-use residential and commercial live/work detached dwelling units in the CG-2, Commercial General land use district (Attachments A & B). The proposed code amendment will modify Sections 19.06.020, Table 06.01 (K) (5) and (14), Section 19.06.030, Table 6.03 and Section 19.06.030 (2) (C) of the Development Code to establish standards for mixed-use development and allow mixed use cotrunercial with residential development (including artist colony and combination residence/office) subject to approval of a Conditional Use Permit in the CR-2, CG-2, CG-3, and CG-4 land use districts. This amendment is designed to enhance the Development Code establishing mixed-use standards to provide incentives to construct owner-occupied dwellings in mixed-use development (Attachmen[ C). The proposed amendment to change from the CO-1 district to the CG-2 district will enable the property owner to develop a viable use on this site and expand the cornmuniry-serving retail and service commercial uses in the downtown area. The Tentative Tract Map will create a 1-lot condominium subdivision on a 1.3-acre parcel. The 12 three-story live/work detached units would have individual ownership but the common areas including landscaping, concrete and asphalt paved areas, easements for the driveways, fences and walls, streets and utilities would be owned, controlled and maintained through a homeowners association and would be governed by Conditions, Covenants and Restrictions (CC&R's). The CC&R's would place limitations and requirements on all the detached single- family condominium units and would be responsible for controlling hours of business, visitor and guest parking, and enforcing standards established for the exterior of the structures. They are intended to protect the individual condominium owners regarding construction, maintenance of buildings, common areas and utilities. OCA No. 05.06 GPA Na. OS-1. T.T.M No. !7700 lSrrb. OS-3!/ CUP,VO. OS-!3 lanuan• !0. ?006 Page 3 The project site has been designed for twelve detached mixed-use live/work units located closest to the north property line with parking located in front of the buildings and landscaping around the project perimeter. Section 19.02.050 of the Development Code defines "Detached" as "Any building or structure that does not have a wall or roof in common with any other building or structure"). None of the live/work dwellings shaze walls or roofs. Thus, while appearing as duplex units, they are classified as detached live/work buildings. There are two proposed driveway entrances to the project site, with one driveway located closest to the easterly properly line and the other located closest to the westerly property line. The driveway serving the residential component wraps around the structures to the north, and is designed to be a one-way ingress/egress driveway. The architectural design elevations are mission style. with a series of arches supported by columns in the main level connecting the 12 units. The structures feature Spanish clay the with gabled and hipped roofs. The residential portion on the 2nd floor features a wainscot with scone veneer. Other design components include 1) a prominent monument sign fronting 3rd Street, 2) a 20-foot in depth landscaped parkway in a landscape maintenance district and 3) a landscape maintenance district with a water feature and benches. The project would be constructed in one phase. The project will provide each unit with a • minimum of 300 square feet of private useable open space which may include private patio, balcony, and/or roof deck. The driveway approaches accessing 3rd Street will be delineated with interlocking pavers, rough-textured concrete, or stamped concrete. A 6-foot decorative block wall is proposed to be extended westerly approximately 80 feet from the existing block wall located abutting the northerly property line and constructed along the westerly property boundary. The proposal offers a 3-story building style with 4 different model plans. Each model plan offers 3 variations of finishes for a total of 12 variety choices for 12 live/work dwellings. The layouts are as follows: Model Living Area Work Area Plan 1 1,415 sq.ft. with a 2-car garage (441 sq.ft.) 461 sq.ft. Plan 2 1,415 sq.ft. with a 2-car garage (441 sq.ft.) 461 sq.ft. Plan 3 1,415 sq.ft. with a 2-car garage (441 sq.ft.) 461 sq.ft. Plan 4 1,415 sq.ft. with a 2-car garage (441 sq.ft.) 461 sq.ft. Plan 1 - (3bd,'3-li2ba) - 3 homes (25%) Plan 2 - (3bd!3-Ii2ba) - 3 homes (257) Plan 3 - (3bd/3-li2ba) - 3 homes (25 Plan 4 - (3bd.3-1'2ba) - 3 homes (25%) 12 homes (100 ) DCA No. OS-06 GPA No. OS-11 T.T.M No. !7704 (Sub. OS-31) . CUP No. OS-13 Januan• !0. 2006 Page 4 The proposed floor plans are as follows: 1" Floor: 461 sq.ft. of commercial area, a 2-car garage, a laundry area and a private yard. 2n° Floor: 918 sq.fr. of residential area (living, dinning, bed and bathrooms and a kitchen). 3rd Floor: 497 sq.ft. of residential area (2 bed rooms & 2 bathrooms and a deck). Specifically, the 3r° floor offers an extra feature to convert the entire floor plan into a master bedroom. The homes are wood-frame/stucco construction with concrete tle roofs. Architectural treatments include variations in roof style, front entry projection and garage door designs. The homes include window treatments, metal roll up garage doors and fully landscaped front-yards for all the houses and all common open space areas. SETTING/SITE CHARACTERISTICS The subject property is located on the north side of 3" Street approximately 300 feet east of Sierra Way. Surrounding uses to the north are multi-family apartments in the RH, Residential High district. To the east is a fire station and [o the west and south adjacent to the site are commercial uses in the CO-1, Commercial Office land use district. Currently, the property has the land use designation of CO-1, which permits "Combination Residence/Office" units subject to a Development Permit. If developed as "Combination Residence/Office" rental units, the project would not require approval by the Planning Commission. The applicant could develop the property with residence/office apartments. However, the applicant desires to develop the property with owner-occupied type dwellings (townhomes having no common walls and no common roofs) in a more commercial version of liveiwork units. The applicant and the Development Services Department recommend changing the land use designation on the subject property from CO-1 to CG-2, and amending the text of the City's Development Code to establish requirements for mixed-use development containing residential and commercial uses. ' This proposal would achieve the following: tl Require that mixed-use developments containing residential dwellings obtain a Conditional Use Permit subject to the approval of the Planning Commission. (Note: Currently, only a Development Permit is required for amixed-use development in the CG-4; SP and CR-2 land use districts). • '') Require that developments containing Combination Residence/Office Dwelling Units obtain a Conditional Use Permit subject to the approval of the Planning Commission. (Note: Currently, only a Development Permit is required for Combinaton Residence/Office Dwelling tinits in the CO-1 and CO-2 land use districts). OCA No. 05-06 GPA No. OS-/? LT.M No. !7704 (Sub. OS-3U CUP No. OS-13 lanuan• 10. 2006 Page S 3) Require that developments containing Artist Colony Dwelling Units obtain a Conditional Use Permit subject to the approval of the Planning Commission. (Note: Currently, only a Development Permit is required for construction of Combination Residence/Office Dwelling Units in the CO-1 and CO-2 land use districts). 4) Establish in the Development Code incentives to construct owner occupied-type dwellings (rather than multi-family/apartments) in mixed-use development. 5) Establish basic standards and requirements for vertical and/or horizontal mixed-use developments containing commercial uses mixed with residential uses. 6) Establish basic standards and requirements for Live/Work Dwelling Units (including i Professional Live/Work, Combination Residence/Office, and Artist Colony Dwelling Units), and non-live work dwellings in mixed-use developments. 7) Allow Home Occupations, subject to approval of a Home Occupation Permit, to be conducted in mixed use developments. (Note: Currently, Home Occupations are not specifically addressed in any of the land use designations permitting mixed use developmen[ or proposed to permit mixed use development. 8) Replace Section 19.06 (2) C, identified as "Artist Colony" in the Development Code with "Mixed Use Commercial and Residen[ial Development (Including Artist Colony and Combination Residencies/Office)." 9) Mixed Use: Prohibit in mixed-use development containing residential units the following land use activities: Automotive Related Uses, Boarding/Lodging Facilities, Home Improvements with Outdoor Display, Indoor Retail Concession Malls, Mini- Malls, Nurseries/Garden Supplies, Publishing/Printing Plants, Recycling Facilities, Recycling Facilities (Reverse Vending Otily), Veterinary Services/Animal Boarding, Funeral Parlors/Mortuaries, Singie-Price overstock/Discount Stores, Adult-Oriented Businesses (See Section 19.06.030(2)(A) for specific definition of terms), Fortune Tellers, Tattoo Parlors and/or Body Piercing Studios, Second Hand Stores/Thrift Stores, Check-Cashing Facilities, and Pawn Shops. 10) Live/Work: In addition to the land use activities prohibited in mixed use developments having residential units, the following land use activities shall not be permitted in live/work units: Restaurants - with Drive-Thrus, Night Clubs/Bars/Lounges, Entertainment/Recreation, Medical/Care Facilities/Social Services, Tanning Salons, Dry Cleaners, Laundromats (self-serve), Convenience Stores, Drug Stores, Supermarkets, Liquor Stores, Mobile Home Sales, and Religious Facilities. Live/work and mixed-use are not the same thing. In contrast to home-occupation, which is incidental commercial use to ones dwelling unit, live-work is incidental residential use of a commercial space where one or more of the occupants of the residential portion of the lease space or condominium is engaged in the commercial activity. Zoning standards for live-work use need to be written to preserve the predominately commercial use. Commercial uses allowed in a live/work space should be those that are permitted in the district where the live work development is located. Live/work is frequently confused with mixed use. The proposed amendment [o the [ext of the City's Developmen[ Code distinguishes between mixed- use development with apartments, mixed-use development with owner occupied type dwellings, live/work dwellings, and professional live/work dwellings. OC,t A'o. OS-06 GPA .Yo. OS-/? T.TM ho. lT70J /Sub. OS-3!1 CUP No. OS-!3 lanuarv /0. 2006 Page 6 BACKGROUND The Development/Environmental Review Committee (D/ERC) first reviewed this proposal on November 3, 2005. The D/ERC determined that a minor correction was needed pertaining to the site layout. At this time, the D/ERC also de[ermined that the Initial Study adequately addressed the environmental issues and recommended chat a Mitigated Negative Declaration be circulated fora 20-day public review beginning on November 10, 2005 and ending on November 29, 2005, and moved the project to Planning Commission. Pursuant to the Public Resources Code and CEQA guidelines, a Notice of Intent to adopt a Mitigated Negative Declaration was filed with the San Bernardino County Clerk of the Board, A copy of the Initial Study was made available [o the public at the County Clerk of San Bernardino, the City Planning Division, and Ciry Library. No comments were received during the public review period. ADDITIONAL OBSERVATIONS/BACKGROUND The Development Services Director has generated interest from community developers interested in live/work townhouses and expanded home businesses as a way to increase neighborhood vibrancy, add life to mixed-use areas, and allow homegrown small businesses. Before the invention of the automobile, living above the store was the housing option of choice for many middle-class American families. In metropolitan communities, homes once again are rising over stores and offices. This latest trend is, in patt, a reaction to the city's reliance on cars and the seemingly endless boundaries of metropolitan areas. Here, in San Bernardino, the concept is being reinterpreted to fit today's technology and lifestyle demands. Ironically, the market forces encouraging vertical mixed-use development are the same ones that created this form of development in preautomobile times: scarcity of land, rising housing costs, and strained transportation systems. Growth in population and jobs in metropolitan areas has outpaced the capacity of the transportation system. Soaring land and housing prices are forcing workers to ever more distant suburbs. These conditions are causing governmental agencies at all levels to reconsider policies affecting the urban development pattern, and are causing many residents [o reconsider their own lifestyle choices. The Southern California Association of Governments (SCAG) has been pursuing a jobshousing balance objective since the mid-1980's. This has been one of the key policies encouraging the development of housing above office and retail uses in the Los Angeles btetropolitan Area. Mixed-use is one development option that local agencies can pursue to help reduce vehicle trips, encourage pedestrian movement, and promote transit ridership. The proposed live/work development on 3`° Street (tentatively know as 3`° Street Plaza) is making a little history in San Bernardino. DCA No. OS-06 GPA No. OS-12 LLMNo. J7704lSub.05-3U CUP No. OS-13 lanuarv 10, 2006 Poge 7 Two presidents of two local engineering companies have teamed up to champion a new mixed- use development concept for a small live-at-home/work-at-home neighborhood in the downtown. They are Allan "Ali" Cayir, president of Transtech Engineers, Inc., and David Mlynarski, President of MAPCO. These gentleman are experimenters, innovators and obviously the [ype of entrepreneurs every ci[y desires to have in the community. This is a milestone event for the introduction of this type of live/work dwelling unit in the City. This is a revolu[ionary enclave of just 12 live/work townhomes established in a commercial scrip mall design. Small business owners with an entrepreneurial spirit will not overlook this opportutrity. This is an innovative solution to balancing the demands of work and family as well as eliminating long commutes to the office or shop. These structures are elegant, functional new homes where a homeowner can raise a family as well as operate a business from a retail shop or dedicated home office with advanced technology. It is [rely a win-win situation. It is believed that savvy professionals and creative consultants who are interested in downtown San Bernardino will select these homes. This product has excellent possibilities as being the wave of the future for key urban districts in the City such as the downtown, CSUSB, Santa Fe Depot Historic District, and older business corridors of the City. Home buyers who find that suburban tranquility is just not for them but prefer the cutting edge pace of a downtown or university address will wan[ these mixed-use homes. FINDINGS AND ANALYSIS -DEVELOPMENT CODE AMENDMENT t . Is the proposed amendment consistent with the General Plan? Yes, the proposal is consistent with the General Plan Downtown Strategic Area 10. General Plan Downtown Strategic Area 10 Strategy 1 states: "promote downtown revitaliza[ion by seeking and facilitating mixed-use projects (e.g. combinations of residential, commercial, and office uses)." The proposed amendment would allow Chapter 19.06 to be modified to facilitate the development of a 3-story, 12 detached mixed-use project. Specifically. this amendment will modify Development Code Sections 19.06.020, Table 06.01 (K) (5) and (14), Sec[ion 19.030, Table 6.03 and Section 19.030(2)(C) to establish development s[andards for mixed-use and permit vertical an/ or horizontal mixed-use development containing commercial uses mixed with residential uses subject [o approval of a Conditional Use Permit in the CR-2, CG-2, CG-3 and CG-4 land use districts. ocA.ro. os-o6 GPA M1'o. Os-1? T T..H Ab 17704 lSnb Os-31 r • CGP,rb. 05•l3 Januan• 10. ?006 Page 8 Would the proposed amendment be detrimental to the public interest, Jtealth, safest com•enience, or welfare ojthe City? No, the proposed amendment would modify regulations to establish standards for mixed-use projects in the CR-2, CG-2, CG-3 and CG-4 land use districts. This proposal will be in the public interest in that it will create an incentive to provide a broader range of housing, thereby increasing home ownership opportunities within the City. In addition, an Initial Study was prepared to evaluate the potential for adverse environmental impacts related to the proposed Development Code Amendment, and none were identified. FINDINGS A1~ ANALYSIS -GENERAL PLAN AMENDMENT I. Is the proposed amendment internally consistent with the General Plan? Yes, the proposal is consistent with the General Plan Downtown Strategic Area 10. General Plan Downtown Strategic Area 10 Strategy 3 states: "allow the ground floor of new non-residential and residential structures to incorporate "pedestrian-active retail uses (restaurants, florists, gifr shops, bookstores, clothing shoe repair, etc.)" The change from the CO-1 district to the CG-2 district will enable the property owner to develop a viable commercial use of the two parcels and provide a development opportunity with innovative commercial uses within the downtown area. The proposed amendment will allow the site to be with commercial uses consistent with the existing adjacent commercial uses to the south. 2. Is the proposed amendment detrimental to the public interest, health, safety, convenience, or welfare of the City? No, the proposal would not pose any threat to the public health, safety and welfare of the City in that any commercial development proposal would be required to comply with all applicable provisions of the Development Code, Chapter 19.06, Commercial District. The proposed amendment would enhance the project site making it feasible to implement Strategy 3 of the General Plan stated above. The proposed amendment will create an environment of value for mixed-use development and will not adversely affect the quality of life, health and safety of the City's residents and businesses in this area. • OCA :fib. 05.06 GPA .Yo. OS-!? T. T M ,Yo. 17704 /Sub. OS-3!) CL'P No. OS-l i lanuon• /0, 2006 Page 9 3. Does the proposed amendment maintain the appropriate balance of land uses within the Cin~? Yes, the proposed amendment is consistent with General Plan s[rategies as described above for Development Code and General Plan Amendments and would maintain the appropriate balance of land uses within the City. The proposed amendment is for one parcel of 1.3 acres and does no[ adversely impact the balance of land uses within the City. The proposed amendment will promote mixed-use development, place commercial uses fronting 3r0 Street, and encourage a lively downtown urban environment. 4. Is the subject parcel ph}'sicalh~ suitable (including, but not limited to, access, proti•isiol: of utilities, compatibility with adjoining land uses, and absence of ph~~sical col:straints) for the requested land use designation and anticipated land use development? 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 based on the change in land use designation. • All required utilities and public services can adequately serve the site. The proposed amendment area is bounded by developed, dedicated streets and existing infrasttucrure suitable for mixed-use development. Construction and grading activities will conform to all applicable provisions of the Development Code requirements. FINDINGS AND A.'~`ALYSIS -TENTATIVE TRACT 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 below. The CG-2 (Commercial General land use) district allows residential and commercial mixed-use development at a maximum density of 12 units per gross acre. The proposal is for development of a detached residential and commercial mixed-use project at 9.2 units per gross acre. See Table "A" below: DCA No. OS-06 GPA No. OS-!? L Z M No. 17704 fSub. OS-3h CUP No. OS-13 . Jammn• t0. ?OOG Page !0 TABLE 'A' -- DEVELOPMENT CODE AND GENERAL PLAN CONFORMANCE j CATEGORY PROPOSAL DS V oLOPedM)ENT CODE GENERAL PLAN Subjec[ [o Conditional Use Permitted Use i Mixed-use Development permit Consistent ~ 1-lot Condominium Lot Size Sudivision 1 gross acre (43,560 sq.ft.) N/A (1.3 acres) Densi 9.2 unitslac. 12 unitslac. 12 units/ac. Private Useable 300 sq.ft. 300 sq.ft. N/A O en S ace Access ; 2 standard means of access 2 standard means of access NIA 2. Is the design of the proposed subdivision consistent with the General Plan? Yes, the proposal is consistent with the General Plan Downtown Strategic Area 10. General Plan Downtown Strategic Area 10 Strategy 13 states: "encourage mixed use development and pedes[rian friendly uses/development adjacent to transit stops." The proposed tract complies with Development Code requirements and will enhance the existing commercial and offices uses surrounding the site. The development of the site with detached condominium units (homeowner-type dwellings) will be compatible with the existing multi-family uses to the north. The proposed tract has been designed to incorporate a "strolling" sidewalk and ocher amenities and is adjacent to a transit stop. 3. Is the site pli_vsically suitable for the type of proposed development? Yes, the site is physically suitable for the proposed development in that the division of land is consistent with the Subdivision Map Act. The tentative tract map conforms to the subdivision design standards specified by the Development Code in that it can accommodate twelve 3-story detached mixed-use live/work structures and open space as addressed in the Findings of Fact in the Conditional Use Permit. All of the proposed units will have access to a dedicated roadway and infrastructure that will provide water, sewer, power, gas, [elephone, and cable to the site. 4. Is t/re site physically suitable for the proposed density of development? Yes, the si[e is physically suitable for the proposed density of development in that the division of land is consistent with the Subdivision Map Act and the proposed subdivision is consistent with the mixed-use development standards. The proposed density at 9.2 units per gross acre is lower than that of Code requirements at 12 units per gross acre. Although the project site is located in the CG-2 district that allows multi-family units, the proposal has been designed with a detached concept layout. DCA hb. OS-06 GPA Rb. OS-/1 T. LM No. /7700 lSub. OS-3U C'UP No. OSd 3 Januory 10, 10106 Pagr 11 5. is the design of the subdivision likely to cause substantial environmental damage, or subsrar:rially artd unavoidably iltjllre Jish or wildlife or their habitat? No, an Initial Study was prepared to determine the presence and extent of any environmental issues that could result from the Development Code Amendment, General Plan Amendment, Tentative Tract Map, and Conditional Use Permit. Based on the Initial Study as discussed in the Background, no issues were identified that would result in a significant impact on the environment. Two technical studies to include drainage and traffic were prepared for the proposal. These reports concluded that development of this si[e would not create significant impacts that could not be mitigated. In addition, the Mitigation Monitoring /Reporting Plan for the Initial Study includes ac[ion measures to properly mitigate and monitor any potential significant negative impacts relating to development and construction of this site (Attachment G). 6. !s the desiglt of the subdivision likely to cause serious public health problems? No, the design of the proposed subdivision meets ail of the applicable requirements for the CG-2 land use district. Furthermore, the circulation layout has been reviewed by the City Engineer and designed [o provide adequate access and accommodate the type of traffic forecast to be generated by the proposed subdivision and is unlikely to result in any serious public health problems. 7. Will the design of the subdivision or the type of improvements conflict with any easements, acquired by the public at large, for access through or use of, property within the proposed subdivision? No, the easements identified in the Preliminary Title Report relate to electrical lines and other utilities. The design of the subdivision and the proposed improvements will not conflict with these easements, because any existing easements would be abandoned or relocated as determined by the Public Works/Engineering Division through processing of the Final Map. FINDINGS AND ANALYSIS -CONDITIONAL USE PERMIT 1. Is the proposed trse conditionally penttitted within, and /tot impair the integrity atd character of the subject land «se district, and does it comply with all of the applicable provisions of this Development Code? Yes, pursuant to Development Code Section 19.06.030 (K)(14) as proposed, a live: work project is an allowed use in the CG-2, Commercial General land use district. subject to approval of a Conditional Use Permit. The proposed project complies with all applicable provisions of the Development Code and General Plan as shown in Table "A" below. OCA Ao. OS-06 GPA No. OS•!? T. LM No. !7704 /Sub. 05.311 CUP No. OS-/3 Januan !0, ?006 Page TABLE "A" -Development Code/General Plan Conformance 'I CATEGORY PROPOSAL DEVELOPMENT I GENERAL PLAN CODE Ij Permitted Use Mixed-use Live/work Subject to a Conditional Permitted Units Use Permit Density ~ 9.2 du/ac. 12 du/ac. Consistent Setbacks - Front 20 feet 20 feet min. - Side 15 feet 6 feet min. N/A j - Rear ~ 15 feet 15 feet min. j - Side Street ~ 15 feet 15 feet min. I I Residential I 1,415 sq.ft. 1,000 s.f. min. Unit Work Area 461 sq.ft. 300 sq.ft. min N/A I i Height i 3 stories (34 feet) 4 stories (56 feet) Consistent i 2. /s the proposed development cottsiste~tt with tyre Getreral Plan? Yes, the proposal is consistent with the General Plan Downtown Strategic Area 10. General Plan Downtown Strategic Area 10 Strategy 4 states: "accommodate residential units above the first floor of commercial structures provided that: l) the impacts of noise, odor and other characteristic of commercial activities can be adequately mitigated: and 2) a healthy, safe and well-designed living environment with a complement of amenities can be achieved for the residential units." Although the project site is located in the CG-2 district that allows medium and medium high residential density, this proposal is for 12 3-story mixed use live/work detached dwelling units. The proposal has been designed to com~ey the visual sense of a low density at 9.2 du; ac while providing extensive landscaping within the project site as well as along the project perimeters. OCA No. OS-06 GPA No. OS-1? T T M No. 17704 lSub. OS-3I1 • CUP No. OS-13 Jammn• 10. 21X/6 Pagr 13 3. Is tJte approval of the Cortditiortal Use Permit for the proposed use in compliance with the requirements of the Califonia Environmental Quality Act and Section 19.20.030(6) of the Development Code? Yes, approval of this Conditional Use Permit is in compliance with the requirements of the California Envirorunental Quality Act and Development Code Section 19.20.030 (6) pertaining to environmental resources and constraints. Approval of the proposed projec[ would not result in any significant effects relating to traffic, noise, air quality or water qualityy. This is because all the necessary infrastructure is in place or will be installed to handle the anticipated capacity resulting from this proposed project. Based on the Initial Study, it is anticipated tha[ the impacts relating to traffic, noise, air quality or water quality will be less than significant with implementation of the proposed mitigation measures. 4. Are there potentially significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored? No, as noted in Finding No. 3, this project complies with the CEQA requirements and Development Code Section 19.20.030 (6). Based on the technical studies prepared for this site, this proposal would not create significant impacts that could not be mitigated. Based on the mitigation measures as described in the Initial Study, no significant harmful effects on the quality of the environment or on natural resources will exist as a result of this project (Attachment F). Furthermore, the site can be adequately served by ail required utilities and public services. The proposed project complies with the mixed-use development standards and is consistent with Development Code. S. Are the location, size, design, arul operating characteristics of the proposed use compatible with the eristirtg and fccttcre land uses within the general area in tivhich the proposed use is to be located and not create significant noise, tra, fftc or other conditions or situations that mm' be objectionable or detrimental to other permitted uses in the vicinity ar adverse to the pccblic interest, health, safety, convenience, or welfare of the Cin•? Yes, the applicant proposes to construct 12 three-story mixed-use livefwork detached units in the CG-2, Commercial General land use district. The proposed project complies with Development Code/General Plan Conformance Standards as defined in Table "A" in Finding No. 1 above. The project proposes less residential density than is allowed by the Development Code and exceeds the landscaping requirements. OCA h'o. OS-fib GPA No. OS-t' L L M No. 17704 ISub. OSd U CCP No. OS-13 Jannan• 10, ?006 Pagt 1 J The project will not create significant noise, traffic, or other conditions or situations [hat may be objectionable or detrimental to other permitted uses in the vicinity or adverse to the public interes[, health, safety, convenience or welfare of the Ciry. The design and charac[er of the proposed development will enhance the existing conditions in this neighborhood. The proposed units will be compatible with the single-family units developed in the area. The proposed project will provide a positive new development within an existing neighborhood. The proposal is consistent with all provisions of the Development Code for mixed-use development standards. The layouts and treatment elements are designed to complement the neighboring single- famil}' structures. Architectural features include unique variations in structure styles, roof designs, entry areas and garage door designs. 6. Is the subject sire physically suitable for the type and density/intensin~ of use being proposed? Yes, 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 Standards as noted in Table "A". 7. Are there adegreate provisiots for public access, tivater, sanitation, and public utilities and services to ensure thar 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. COtiCLtiSION The proposal meets all applicable Findings of Fact for approval of Development Code Amendment No. OS-06, General Plan Amendment No. OS-12, Tentative Tract Map No. 17704 and Conditional Use Permit No. OS-13. OCA .NO. OS-O6 GPA No. OS-12 TTM.Ya. l77041Sub. OS-!!/ CUP No. OS•!3 • lanuap• !0, 2006 Pagr !S RECO'~i~tErDATION Staff recommends that the Planning Commission recommend that the Mayor and Common Council: 1. Adopt the Mitigated Negative Declaration and Mitigation Monitoring/Reporting Program (Attachment G), Approve Development Code Amendment No. OS-06 and General Plan Amendment No. OS-12 based upon the Findings of Fact contained in this Staff Report, and: 3. .Approve Tentative Tract Map No. 17704 and Condi[ional Use Permit No. OS-13 based upon the Findings of Fact contained in this Staff Report and subject to the Conditions of Approval (Attachment D) and Standard Requirements (Attachment E). Respectfully Submitted, c James Funk • Director of the Development Service Department Aron Liang Senior Planner Attachment A Location Map .4[[achment B Si[e PIaNFloor Plans/Landscape PIaNElevations Attachment C Proposed Amendment to Chapter 19.06, Commercial Districts Attachment D Conditions of Approval Attachment E Standard Requirements Attachment F Initial Smdy Attachment G Mitigation Monitoring/Reporting Program ATTACHMENT A CITY OF SAN BERNARDINO PROJECT: DCA N0. 05-06 GPA No. 05-12 PLANNING DIVISION TTM No. 17704 8 LOCATION MAP CUP No. 05-17 LAND USE DISTRICTS HEARING DATE: 1110/06 NORTH ?I~ i ,i_.u - ~- -.... _ I . 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I 4, _ ~ ~' ~ { , ~ ~ ~ ~f I : I! I' - _r ~ Q ~ _ _ Y _ I f "o - - i ~ i 4 a I ~ ~ 0 I i I i * I I it I ' II I ~ . •i_-. a~ t~'---~ II I _ 1 ~ ~ ~ I I I I [ _ I ~ I ~- - j I • I I I I 1 / I I _ I I I I I e --F,r. _ I ~ I I 1 I~~ I I I~ s i I~ , ~"~~! ', ~ ~ i I '~I i : i I 1~~=~ I I i i ~ , _ -~ ~ i 1 _ _- ~ .I • 1 -- -- at t VU~ _ LW ~ ^ _ W~ ~ ~ _ <u?'Y • J Y... A _ i! j • / _ f Y C r u 0 0 ~" u ' - ~ ~ ~ : ~ : ~ ~' _ 1.• '~ S .~.~-_...... ~ .-.....~.-s- -... . ~.y~• < _ 1~~ d< ~ Jui= -~ ~r t ~rL `v u w` j . <ua"~ T aw-= `t,~-~, ~ ~ ` ~ s u ff ~ t f~[ :". o _r_~ ~- u ~ -,~ 'j • i ~ ti n '~ r ~ ~ O N 4 ~r j j:~[ -_ . iy 1 ~ ~ , - '' N i 5~ - ~-1 ,A^ i 1 A~ ~I ~{' ~~'~ .F ~ {r ~ - •:- -~: ~ aet I~~~~ _ ~ ~ seu -~ I ATTACH1tENT C CHAPTER 19.06 COMMERCIAL DISTRICTS Section 19.06.020, Table 06.O l (K) (5) and (14) will be modified as follows: J N C C C C C C CC% CC C I C C , U- CCC C C C C C C C ^ C, :J I i CC? CC CC cUC oc~'ICCUU i ~ ~ ~ , J e ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ O ~ ~ ~ t C C J" CC C '•] C C C I C ' C I C~ U J N C C ; C C C C. C f C ~'^. C... V- C C G C C~ I p i CCC C+v: CCC C C ~ ', ~ GC O i OCC U ~ J n I C C C 7~ C O I C C. N_ J N CCC C C o C U~ C C C C U C U r ~ ~ a ~ :7 ~' CCC I C C c CU C ~ CC I C:JC ! UU U - c U N C ~ 7~ 0 C~ 1 0 U U . C a ~ 3 r~ y ~~- C C ~ cc UvcU 0 E U ~ ~ C ~ C~ C~ C~~ U U C c r ~ y L L U ~ z _ e Y y c 3 e = 9 r L C f y y 7 L C C ~ r" N N 'C n _ n ` s C _ ` L J n J y~ 7 9 J .'-0 ~ r1 a .n _i 3 T y L A L x F v 7 L y V .%y. n GC L ~G 'V.4 ~ ~ G S Vim',' '- ~ L J ~ ? _ ~ ~ 9 ~ , _ L C T v C J n ~ ~ C OL L r_ J ~ ~ _L r. ~ ~ ~{r ~ J ~ C T ?L`~ r ~ 7 y Y C v .-. V; C am- ` = C L A rY . ~ C i > JI ~ ` 'J = :I. n .l Z z = J y r ~ ~ 7 ~ r L .'l! C 7 _ L C. ~ G~ c ~ ~ ~ L'. ~ q v e~ox r,T \s _ _ LI ~ ~ = G~ L U~ L y ~ i L 7 C T~ C d C~ e~f i S>> .3 ? - T n Y O L L n n O n 7 y>> L v, v, ly ,' .,:,UZ ~=zz>3 asuu UCmLa.¢.x -~ - ~ ~ _ ~-~_ v -c ^ ~ _ ~ c s _ _ - - < :/;~:..._ ::'r__-r~i~ e.n ~:~oo~ -- ..-Nrie 'vi~or~aoa~- UU < ~ ~ ' - t • UN C~III CCC;U CCCCaF , U J I CCC CCCG~ 'r C :7 U G; I I C C C I U C C C C a U F , mQ I I C C U CC „a F `" ~ _Y r z I ii C. C.. C? C. F C a .aJ'N I 'DUI CCCCU CCCCZ ; F C~ u ~- ~ CCCCU CCOpa ;r p '3 L C G S C;= U G G C C U C C C C a I F O G e J`r' C; U UGC I U CC I CS "r c J] ~ J N /~ ~ U~ ~ G ; U G C ; G s ~ F w ~ ~ ', (."~ N r L J N C, I C 7, C; U C C 1? a ; F U z ° _- L- - V] U I C_ C Ci C ~ O 1 r- E ~ c ~ ~ v r n ~ -_ J 7 N ~ r -. '~ 3 Y 3 S C ~ N < YL' ^ ^ v a% eL L n U L C - J F C ~ J ~ C L~ ~ J = _-0 K ~ 'n U ~'Y C J _ V _ .v S .a L L q .- C 7 L~ L ~ r L t '~ r :.7 ,r ~ y L L p C 'J 7 J L: J :% a y F O } x~ C I J H 7? 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N! l u u I:u ~ I I. , ~ I ~ I II - I eo.~I ^ e V I E"' i^ I ~ ~ I. a it i i u 7 I~ Z' S~ ni ~ I c r, Y x a ~ f^ ~ I 'i. rl f l ~ u 7 f.71 X~ v ~ .G pI o N x ~ ~ :n s f " ~ I CI I ~ ~Iu ! ~'E L +3 -M U ~ IGrx Cd N .J O.~'N I~ j ~ ,I_~ i~l I"i~^` ~ I ~eil ~ xl 3c ° e~~^IeD~y'O~ ~-x `-'_$? IZ !%l' I ~?I'^~-w'I ul'~=z~~ ~Iv a °C?I='I tic _C, ~=lye ~ n ~ _ E =I -o Z^,^a 1~n ~I _I~ ~'x'I'1r°_'..:ul cl{'.~r13I~~+`';I `Ii?~-,;iEonu,> nIL 3~_5c°=uu~ _u'oa~~°n~ee~ ~ ~I~ '#~ ^I~U x~ ~~:J. 9 L" C C I~ J u._ 1 J L x.~ C^ i¢ :{~i:.'~~~ ~ ~i ~I n1-1. ~ I,=~glr ~ ~ e 2 a ~+'Ls` ~ ~ 3 ~ $ 4 ~ .d ~ sl =y Y L y t, _ V ~~I~ i =i uI it z r1 ~i~C i~c1 ~ Y i ' ^C a~ C` ~I u - ? u q %~ ~ u x i%~v~~ y ~ I_ ~ ~I~_I ~ c~ al^ ~ R;._, u L ~ ~~f tl2 r ~ s :n . y m m ~ r vl 7i'~ 9, =1 0~ j~i_° ftlt Flt aE O <'v I i I` II<~¢_I4<~elc~.~.!-,i_'I^ I .ii._;t iz.I~ic dz ~i,-» t3 I:i > .i 'i ~<a ~i:.l- - - Section 19.06.0301-') will be modified as follows: A DTiCT !`!~i nilN Ri1nFiBF~i Tho r nF o I:,.e /,..,..L r ol,oll ),0 7Gl1 e 1~i~k~ 1 ]11 n o;m .,n A,;r,n el,nll n mnl., ...:r6 nF /`hnnm. 10 1A w rem.,n.n.. n.L:nn ..:AuA nll In.,Aennw 3 Lh ..i.. ..r:,.ave nl„A:nn l,..r nr I:.,.:mA r.. ulA:., 41mm~ crn.n no nF Fln..,..,.,l,le l:n,.: rle .1,..11 I.e .,.nl,:l.:rnri ,,,.h n.,.,.n,.nl per oo-r ~n~o~ A1. bIIXED USE COMMERCIAL AND RESIDENTIAL DEVELOPMENT (INCLUDING ARTIST COLONY AND COMBINATION RESIDENCE/OFFICE Vertical and/or horizontal mixed-use developments containing commercial . uses mixed with residential uses are permitted in the CR-2, CG-2, CG-3, and CG-4 land use districts subject to approval of a Conditional Use Permit; Artist Colony units are permitted in the CR-2 land use districts subject to approval of a Conditional Use Perini[; and, Combination Residence%Office units are permitted in the CO-I and CO-? land use districts subject to approval of a Conditional Use Permit. Mixed use development having commercial uses mixed with residential uses shall be constructed, maintained, and operated in the following manner: 1. Development Standards for mixed use development containing one or more dwellings, including live work units, shall be as specified in Table 6.0? Commercial Zones Development Standards. Multi-family apartment dwelling units, including Artist Colony apartment dwelling units, in mixed use development containing commercial uses shall be constructed in `compliance with Section 19.04.030 (2) (L) Multi- Family Housing Standards. iVtixed use development not containing multi-family apartment dwelling units and containing only single Pnge family units, townhomes and/or condominium dwelling units and commercial land uses shall be exempt from Section 19.04.030 (2) (L) and be constructed in compliance with the following development standards: a. Each dwelling unit shall provide a minimum of 300 square feet of private useable open space (which may include private (walled) patio, balcony, and/or roof deck). Private useable open space areas shall not include: right-of--ways; vehicle parking areas; areas adjacent to or between any sttucrures less than 6 feet apart; required front, rear, and sideyard setbacks from property lines; or slope areas greater than 6 percent. b. Each non-live/work dwelling unit shall have a private (walled) patio, balcony, and/or roof deck not less than 150 square feet in area and having a minimum width of 10 feet and depth of 10 feet. c. Mixed use developments containing one or more dwelling units, including live,'work units, shall provide recreational amenities within the site which may include: a swimming pool; spa; clubhouse; tot lot with play equipment; picnic shelter -barbecue area; court game facilities such as tennis, basketball, or racquetball: improved softball or baseball fields; or, day care facilities. The type of amenities shall be approved by the Director and provided according to the following schedule: Units Amenities 0-ll 0 12-50 1 51-100 ]01 -'_00 3 ?01 - 300 4 Add 1 amenity for each 100 additional units or fraction thereof. d. Locations of Off-Street Parking: Spaces for residential uses shall be located within 150 feet from the dwelling unit (front or rear door) for which the parking space is provided. r Page 3 e. Private Enclosed Storaee: Each dwellin unit in a mixed use g development shall be provided a minimum of 150 cubic feet of private enclosed storage space within [he garaee, or immediately adjacent to the dwelling unit. f Community Entry Driveway Approaches: Driveway approaches accessing a public street in a mixed use development of 12 or more units shall be delineated with interlocking pavers, rough-textured concrete. or stamped concrete. g. Washing Machine and Dryer: Each dwelling unit shall be plumbed and wired for a washing machine and dryer. h. Building Separation: The distance between buildings containing one or more dwelling units in a mixed use development shall be a minimum of 6 feet (excluding roof overhangs and fireplace chimneys): and, at a minimum, shall comply with the requirements of the City's building code. Alive/work unit that does not have a wall or roof in common with any other building or structure may either be constructed with no sideyard separation of distance between units (i.e. double exterior walls separating units), or shall • be a minimum of 6 feet (excluding roof overhangs and fireplace chimneys). Notwithstanding the above, the distance between dwelling units separated by an entry courtyard and facing another structure shall be a minimum of 15 feet. In the event that the front of the units are internally oriented to fact one another, than a minimum 1~-foot building separation is required between the fronts of the units. i. The maximum structure height in the CG-2 and CG-3 land use districts shall be 4 stories (not to exceed 56 feet). Z. Land Cse Activities in Mixed trse Buildings having Residential Cnyts: Land use activities in a building where residential and commercial land use activities are allowed to mix shall be any land use activity pem~itted by right andbr subject to approval of a Conditional lise Permit in the land use district governing the premises: provided, however, that in order to enhance the success of businesses in mixed use buildin_s and protect the health and safety of persons who reside in a mired use building, the following land use activities shall not be pennitted: Automonce Related Lses, Boarding'Lodging Facilities, Pnge 4 • Restaurants-with Drice-Thrus, Home Improvements with Outdoor Display, Indoor Retail Concession Malls, Mini-Malls, tiurseries-Garden Supplies, Publishing%Printing Plants, Recycling Facilities, Recycling Facilities (Reverse Vending Only), Veterinary Sen•ices%Animal Boarding, Funeral Parlors'Mortuaries, Single-Price Overstock%Discount Stores, Adult-Oriented Businesses (See Section 19.06.030(2)(A) for specific definition of terms). Emergency Shelters, Health Clinics%Outpatient Surgery Residential Care Facilities Senior Congregate Care Facilities Social Sen ice Centers Fortune Tellers, Tattoo Parlors and or Body Piercing Studios, Second Hand Stores. Thrift Stores, Check-Cashing Facilities, and Pawn Shops. 3. Home Occupations are allowed in compliance with Chapter 19.54 in townhome, condominium and detached single family units only. Home Occupations are not permitted in multi-family apartment units. Parking Requirements::1s specified for each use in the Deyelopntent • Code. Pnge 5 5. Signage: A Signage program shall be submitted as part of the site development permit application package, addressing proposed monument, ladder and'or individual property Signage. 6. Public Telephones: Exterior public pay telephones are prohibited. 7. Conditions, Covenants, and Restrictions (CC&R's): CC&R's shall be reviewed and subject to the approval of the Development Services Deputy Director+City Planner. The CC&R's shall list restricted uses. At a minimum, the property owners association will be responsible for maintaining concrete and asphalt paved areas, fences and walls, and landscape areas exterior to private yards and private open space; and: common areas. The property owners association will be responsible for controlling hours of business, visitor and guest parking, and enforcine standards established for the exterior of the structures. 8. Live/~L'ork Unit: A dwelling constructed, maintained and operated having commercial and residential uses is classed as a Live/Work Unit and shall adhere to the requirements for Mixed Use Commercial and Residential Development, with the following additional standards and exceptions: a. Permitted Dwelling Types: Live/work units shall be townhome, condominium and/or detached single family units only. b. Commercial Land Use Activities in Live'VVork Units: The following land use activities shall not be permitted in live/work units: Land use activities prohibited in mixed-use buildings containing one or more residential units: fight Clubs, Bars%Lounges, EntertainmendRecreation, Aledical,Care Facilities.'Social Services, Tannine Salons. Dn Cleaners. Health. Athletic CIubS . Laundromats Iself-Servel. Page 6 Convenience Stores, Drug Stores, Superntarkets, Liquor Stores, Mobile Home Sales, and Religious Facilities. c. Ntinimum Dwelling Size Standards: The minimum dwelling unit area for each live,~work unit shall be not less than 1,000 square feet, exclusive of work area; and the minimum dwelling unit area for Artist Colony dwelling units shall be not less than 750 square feet. d. Hazardous Activities: Storage of hazardous materials necessary for work activities in live/work units may be stored in controlled areas per the current uniform building code/uniform fire code used by the City of San Bernardino. Hazardous activities including but not limited to welding, open flame, or storage of flammable liquids, storage of hazardous materials, or similar hazardous operations aze not permitted in livelwork units without express written approval from the Fire Department, which shall impose the appropriate requirements for such approval. e. Open Space: Each live~work unit shall provide a minimum 300 square feet of useable private open space: or, a minimum of 120 square feet of useable private open space and 300 square feet of common useable open space. Useable private open space areas may include private (walled) patios, balconies and/or roof decks. Useable private open space areas shall not include right-of--way. private streets or driveways, vehicle-parking areas, required setbacks from property lines, or slope areas greater than 6 percent. E Entries: With the exception of Artist Colony units, the work area in a livenvork unit is required to have either a separate access entry or, if approved by the Director, a shared live.'work entry on the grade level of the unit. Each livenvork unit shall be provided a primary entry from common areas such as hallways, corridors, and%or exterior portions of the building such as courtyards, breezeways, parking areas, and public spaces. ~~'ork Area: \b'ith the exception of Artist Colony units. each lice work unit shall have a minimum of 300 square feet of floor area designed and constructed as work area. Pnge 7 h. Walls Facing Street and / or Parking Lot: excluding Professional Live work Units, ground floor exterior walls facing a street and/or a parking lot shall have one store front window having a minimum height of 3 feet and width of 5 feet. i. Vehicle Parking Requirements: One space for each 250 square feet of cumulative gross floor area of work area in the live/work units in the mixed use development; and 2 covered spaces within an enclosed garage for each live/work unit, plus I uncovered off- street guest parking space for every 5 live;work units. j. Tandem Parking: Unattended tandem parking will be permitted if the Director determines that such parking would be appropriate and effectively used. k. Loading spaces are not required for the commercial components of a live/work unit provided the work area of the live/work unit does not exceed 700 square feet of floor area. I. Noise: Noise levels generated by a live/work unit shall confotm to the requirements of the Municipal Code for residential use. m. Business Hours: Hours of operation for businesses serving customers on-site from live/work units shall be limited to 7:00 a.m, to 7:00 p.m. Monday through Friday, and from 9:00 a.m. to 5:00 p.m. Saturday. n. No Separation Sale or Rental: No portion of a live/work unit may be separately rented or sold as a commercial space for a person or persons not living in the premises or as a residential space for a person or persons not working in the same unit. o. Business in a Live.!Work Units: Conducting a business in the work area of a live~work unit is an opportunity for those whose home- based businesses will blend with the unique environment. Conducting a business in the work area is not required. p. Arcade,'Pinball and Arcade video Games: On-site arcade,'pinball machines and arcade video games may not be installed or operated in the work area of a live%work unit. r Pnge 8 q. Employment: A business conducted in a work area of a live/work unit may have on the premises at any given time a maximum of three part-time and/or full-time employees. There is no limit to res ident-fam i ly-member-employees. r. Pre-wired: Each livehvork unit shall have a minimum of 200 amp electric service. Each live/work unit shall be pre-wired for telephone, cable teleoision and computer Internet. Each live/work unit shall be pre-aired for a security system approved by the Police Department. 9. Professional Live/W'ork Gnit: A dwelling constructed, maintained and operated having commercial uses restricted to Studio/Artist and CreativeiTech-based Offices and Services, and/or Professional Offices and Services (including Combination Residence/Office), and primarily non-retail uses in the work area, is classed as a Professional Live/Work Unit. a. The following types of live/work units (including but not limited to Combination Residence/Office and Artist Colony units) are Professional Live/Work Units: 1. Studio'Artist and CreativeiTech-based Offices and Services: Activities in these liveiwork units include, but are not limited to, artist studios and non-traditional live and work space for technology art and graphics-based professional activities and sen•ices such as web and software-based application and development, animation, multimedia development, programming, and other similar uses which do not require intensive customer traffic. 2. Professional Offices and Sen•ices: Activities in these live; work units include. but are not limited to, tax preparation, accounting, financial planner, architecture, landscape architecture, engineering and planning consultant services, graphic and arts, attorney, chiropractor, interne[ or web oriented businesses, and other similar uses which do not require intensive customer traffic. b. Professional Lire t~'ork Cnits (including bu[ not limited to Combination Residence;Office in CO-I and CO-. land use districts) shall be constructed, maintained and operated as live; work milts, with the following additional standards and exceptions: Pagc 9 I. Land Use Activities in Professional Live'Work Units: Residential uses shall be condominium, townhome and/or single family detached dwellings only. In addition to the land use activities prohibited in live work units. no retail sales shall occur in a livehvork unit designated as a "professional lice'work unit" unless the sales products are jewelry, art products such as ceramics, paintings, graphics, pottery, sculpture, photography, or similar products. and/or the products of the occupant's primary business located in the work area on the premises. 2. Occupancy: The residential portion of a Professional Live'Work Unit shall only be occupied by the individual and his/her family that has their professional occupation or business established in the work areas of said unit. 3. Signage shall be restricted to signage attached to the dwelling and shall not exceed three (3) square feet for each dwelling unit containing a business. -1. Parking Requirements: One space for each 500 square feet of cumulative gross floor area of work area; and 2 covered spaces in an enclosed garage for each Professional Live/Work Unit. ATTACHMENT D REVISED CONDITIONS OF APPROVAL Tentative Tract No. 17704 (Sub No. OS-31) & Conditional Use Permit No.05-17 1. This approval is for Tentative Tract Map No. 17704 (Sub No. OS-31)to subdivide 1.3 acres to create a 1-lot subdivision and Conditional Use Permit No. OS-17 to construct 12 three-story mixed-use residential and commercial live/work detached dwelling-units in the CG-2, Commercial General land use district. 2. Within two years of this approval, the filing of the final map with the Council shall have occurred or the approval shall become null and void. Expiration of a tentative map shall terminate all proceedings and no final map or pazcel map shall be filed without first processing a new tentative map. The City Engineer must accept the final map documents as adequate for approval by Council prior to forwarding them to the City Clerk. The date the map shall be deemed filed with the Council is the date on which the City Clerk receives the map. Expiration Date: March 6, 2008 3. Within iwo years of this approval, all necessary building permits must be obtained and . commencement of work/construction shall have occurred or the permit/approval shall become null and void. In addition, if after commencement of work/construcrion, the work/consiruction is discontinued for a period of one year, then the permiUapproval shall become null and void. However, approval of the Tract Map/Development Permit does not authorize commencement of construction. All necessary permits must be obtained prior to commencement of specified construction activities included in the Conditions of Approval and Standazd Requirements. 4. The review authority shall ensure that the project complies with all Development Code provisions in effect at the time of the requested extension. review authority may, upon application being filed 30 days prior to the expiration date and for good cause, grant one time extension not to exceed 12 months. The review authority shall ensure that the project complies with all current Development Code provisions. 5. In the event that this approval (including DCA No. OS-06 and GPA No. OS-12) 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, the Redevelopment Agency, their affiliates, its officers, agents and employees from any claim, action or proceeding against the City of San Bemazdino. The applicant further agrees to reimburse the City, the Redevelopment Agency and the Economic Development Agency of any costs and attorneys' fees which the City, the redevelopment Agency or the Economic . Development Agency may be required by a court to pay as a result of such action, but such pazticipation shall not relive applicant of his or her obligation under this condition. DCA No. OS-06 GPA No. OS-11 TlM No. !7704 CUP No. OS-!7 Page 2 The costs, salaries, and expenses of the City Attorney and employees of his office shall be considered as "attorneys fees" for the purpose of this condition. As part of the consideration for issuing this permit, this condition shall remain in effect if this Tentative Tract and or Conditional Use Permit is rescinded or revoked, whether or not at the request of applicant. 6. The final map, grading plan, and site improvement plans shall be in substantial conformance with the Tentative Map approved by the Planning Commission. Minor modifications to the plan(s) shall be subject to approval by the Duector of Development Services through a minor modification permit process. Any modification which exceeds 10% of the following allowable measurable design/site considerations shall require the re-filing of the original application and a subsequent hearing by the appropriate hearing review authority if applicable: a. On-site circulation and landscaping. b. Placement and/or height of walls, fences and structures. c. Minor lot line adjustments, provided the lot azea of each approved lot shall not be reduced below the minimum lot azea permitted in the Development Code. • d. A reduction/increase in density, intensity or number of lots of a development project. e. Reconfiguration or architectural features, including colors, and/or modification of the finished materials that do not alter or comprise the previously approved theme. 7. 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 Development Services Department. A temporazy Certificate of Occupancy may be issued by the Development Services Department subject to the conditions imposed on the use, provided that a deposit is filed with the Development Services Department prior to the issuance of the Certificate. The deposit or security shall guazantee the faithful performance and completion of all terms, conditions and performance standards imposed on the intended use by this pemut. 8. This permit or approval is subject to all the applicable provisions of the Development Code in effect at the time of approval. This includes Chapter 19.20 -Property Development Standards, and includes: dust and dirt control during construction and grading activities; emission control of fumes, vapors, gases and other forms of air pollution; glare control; exterior lightning 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 aze complied with. Any exterior structural equipment, or utility transformers, boxes, ducts or meter cabinets shall be architecturally • screened by wall or structural element, blending with the building design and include landscaping when on the ground. DCA IJo. OS-06 GPA No. OS-1? TlM No. 17704 CUP No. OS-17 Page 3 9. All perimeter block walls (north & west boundaries) shall be decorative both sides (split face, slump stone, etc.) 10. Any security gates/bars, doors, window bars shall be installed on the inside of the structure only. Video surveillance equipment installed/used on the exterior shall be painted to_match the structure, or treated to blend with the architecture of the development. 11. All exterior lighting shall be energy efficient with the ability to lower or reduce usage when the store is closed. Signage may be required to be turned off when the business is closed. 12. If the color of the building or other exterior finish materials are to be modified, the revised color scheme and/or finish materials shall be reviewed and approved by the Planning Division prior to commencement of work. 13. 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. 14.The landscape plan shall include one 24" box tree for every four pazking spaces (employee and customer), consistent with the requirements of Section 19.24.060(6)(B) and Chapter 19.28 of the Development Code. 15. No painted window signs, roof signs, permanent sale or come-on signs will be permitted at this site. 16. Signs aze not approved as a part of this permit. Prior to establishing any signs, the applicant shall submit an application, and receive approval for a sign permit from the Planning Division. All signage on the site shall be consistent with the provisions of the Development Code. 17. Any change in elevation or building pad height of 6" or more along the perimeter of the tracUpazcel map will require approval by the Planning Commission. Any change in elevation or building pad height of 1' or more within the project site will require approval by the Planning Commission. The applicant's/owner's engineer will certify the elevation of the building pads to the City Engineer, prior to construction of the building foundation. 18. Submittal requirements for permit applications (building, site improvements, landscaping, etc.) to Building Plan Check and/or Public Works/Engineering shall include all Conditions of Approval and Standard Requirements issued with the Planning approval. DCA No. OS-06 GPA No. OS-l1 7TM No. 17704 CUP No. OS-l7 Page 4 19. If cultural or historical remains aze found during the development of the site, a qualified archaeologist shall be notified immediately and empowered to halt construction until adequate data recovery and/or protection measures are impiemented. 20. The project is subject to all applicable Mitigation Measures contained in the Mitigation Monitoring/Reporting Program (Attachment G). 21. This permit or approval is subject to the attached conditions or requirements of the following City Departments or Divisions and other public agencies: a. Plan Check Division b. Public Works Division c. Fize Department d. Public Services e. Water Department ATTACHME\T E ~ ~ Cit~• of San Bernardino STAtiDARD REQL;IRE~IE\TS Development Services/Plan Check Division San Qernar ino Properh• address: S~~ ~ j~ ~- ~ r J" ~ ~ ~'~S .- DRC/CUP/DP: C, ~O ~-' - l l DATE: , ~j -Z~i o 5 NOTE; NO PLANS WILL BE ACCEPTED FOR PLAN CHECK WITHOUT CONDITIONS OF APPROVAL IMPRINTED ON PLAN SHEETS. Submit 6 sets of plans, minimum size 18" x 24", drown to stole. If plan check is for expeditious review, submit 6 sets. The plans shall include (if applicnble): a. site plan (include address & assessors parcel number) b. foundation plan c. floor plan (label use of all areas) d. elevations e. electrical, mechanical, & platitbing plans f. detail sheets (structural) g. cross section details h. show compliance with Title 24/Accessibility (disabled access) i. a plan check deposit fee will be required upon submittal of plans. Call Development Services (plan check) 909-384-5071 for amount. 1. The title sheet of the plans must specify the occupancy classification, type of construction, if the building has sprinklers, & the current applicable codes. - 2. The person who prepares them must sign the plans. Also, provide the address & phone number of that person. Some types of occupancies require that the plans are prepared, stamped, and signed by an architect, engineer, or other person licensed by the State of California. 3. For structures that must include an engineers design, provide 2 sets of stampedhvet signed calculations prepared by a licensed architect/engineer. -1. Provide 2 sets of Title 241Energy compliance forms and calculations. Some compliance forms are required to be printed on the plans. 300 ~ ' D' Street San Bernardino CA 92418 909.334-5071 Office 909-384-5080 Fax 5. Submit grading, site, and/or landscape plans to Public R~orks/Engineering for plan check approval and permits. For more information, phone 909-384-5111. 6. 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. 7. Signs require a separate submittal to the Planning Division for plan check approval and permits. For information, phone 909-384-5057. 8. Restaurants, food preparation facilities, and some health related occupancies will require clearances and approved plans from San Bernardino County Health Department. For information, phone 909-387-3043. 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. 10. An air quality permit may be required. Contact South Coast Air Quality Management Division for information, phone 909-396-2000. 11. 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 o[ ownership. tiOTE: PLAN CHECK TIME ON THESE TYPES OF PROJECTS IS APPROXIMATELY 4-6 WEEKS FOR 1sT CORRECTIONS. EXPEDITIOUS REVIEW IS APPROXIMATELY l0 WORKING DAYS. THE DEVELOPMENT REVIEW PROCESS IS NOT THE BUILDING PLAN CHECK AND DOES NOT IMPLY THAT THE DESIGN AS SUBMITTED WILL BE APPROVED WITHOUT CORRECTIONS. Comments: i 300 N ' D' Street San Bemazdino CA 92418 909-383-507; Office 909-384-5080 Fac CITY OF SAN BERNARDINO Development Services Department -Public Works Division Standard Requirements Description: Construct 12 three-story ResidentiallCommercial Office Condominiums Units. Applicant: 3rd Street Development. LLC & Cliff Carol Location: North Side of 3rd Street east of Sierra Wav Case Number: Tract No. 17704 and Conditional Use Permit No. 05-17 i 1. Drainage and Flood Control a) All necessary drainage and flood control measures shall be subject to requirements of the Ciry Engineer. The developer's Engineer shall furnish all necessary data relating to drainage and flood control. b) 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. c) 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. d) 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. e) The applicant shall submit a Storm Water Pollution Prevention Plan (SWPPP) and Water Quality Management Plan (WQMP). These plans shall be approved by the City Engineer, prior to issuance of any permits authorizing land-disturbing activities. (Refer to the City's web page at www.ci.san-bernardino.ca.us -Departments - Development Services -Public Works for templates of these • plans). Project: I ~ 3-story Live work Condominium Units on the North Side of 3'' Street east of Sierra N'av Case No. TR 17704 and CUP OS-17 Page ? of S f) A "Notice of Intent (NOI)" shall be filed with the State Water Resources Control Board for construction disturbing 1 acre or more of land. g) The City Engineer, prior to grading plan approval, shall approve an Erosion Control Plan. The plan shall be designed to control erosion due to water and wind, including blowing dust, during all phases of construction, including graded areas which are not proposed to be immediately built upon. 2. Grading and Landscaping a) If more than 1' of fill or 2' of cut is proposed, the site/ploUgrading and drainage plan shall tae 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) A liquefaction evaluation is required for the site. This evaluation must be submitted and approved prior to issuance of a grading permit. Any grading requirements recommended by the approved liquefaction evaluation shall be incorporated in the grading plan. f) An on-site Improvement Plan is required for this project. Where j 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"). • Project: I' 3 storv Live'Work Condominium Units on the North Side of 3r° Street east of Sierra Wav Case No. TR 17704 and CUP OS-17 Page 3 of 8 g) Wheel stops are not permitted by the Development Code except at handicap parking spaces. Therefore, continuous 6" high curb shall be used around planter areas and areas where head in parking is adjacent to walkways. The parking spaces shall be 16.5' deep and may overhang the landscaping or walkway by 2.5'. Overhang into the setback area or into an ADA path of travel (minimum 4' wide) is not permitted. h) A refuse enclosure constructed in accordance with City Standard Drawing No. 508 modified as approved by the City Engineer to provide ADA accessibility. 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. j) The number and placement of refuse enclosures shall be as approved by the Development Review Committee. k) 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. I) All walls shall be constructed of decorative block with architectural features acceptable to the City Planner. m) All fencing shall be shown and detailed on the on-site improvement plan. n) Interior fencing material within 5 feet of the structure shall be either non-combustible or 1-hour fire rated. Vinyl fencing is not allowed within 5 feet of the structure. o) The on-site improvement plan shall include details of on-site lighting, including light location, type of poles and fixtures, foundation design, conduit location and size, and the number and size of conductors. Photometry calculations shall be provided which show that the proposed on-site lighting design will provide 1 foot-candle of illumination uniformly distributed over the surface of the parking lot during hours of operation and 0.25 foot-candles security lighting during all other hours. p) 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. Project: 1 ~ 3 story Live/Work Condominium Units on the North Side of 3r° Strcet east of Sierra Wav Case No. TR 17704 and CUP OS-17 Page 4 of 8 q) 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 6.5 feet. r) Where the handicap accessible path of travel crosses drive aisles, it shall be delineated by striping or textured/colored concrete pavement. s) 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. t) 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 an association of owners. 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. 3. Utilities a) Design and construct all public utilities to serve the site in accordance with City Code, City Standards and requirements of the serving utility, including gas, electric, telephone, water, sewer and cable N (Cable N optional for commercial, industrial, or institutional uses). b) Each parcel shall be provided with separate water and sewer facilities so the City or the agency providing such services in the area can serve it. c) Backflow preventers shall be installed for any building with the finished floor elevation below the rim elevation of the nearest upstream manhole. d) Sewer main extensions required to serve the site shall be constructed at the Developer's expense. c) 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. Project: I? 3-story Live/Work Condominium Units an the North Side of 3"' Street east of Siena Wav Case No. TR 17704 and CUP OS-17 Page 5 of 8 d) Utility services shall be placed underground and easements provided as required. e) A street cut permit, from the City Engineer, wilt be required for utility cuts into existing streets where the street is not being repaved as part of the required improvements. f) 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. g) 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). h) 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. Maauing a) A Final Map based upon field survey will be required. b) All street names shall be subject to approval of the City Engineer prior to Map approval. c) 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. d) If this Map is located in an Assessment District and the assessment has not been paid off, the subdivider shall submit an apportionment application to the Real Property section of the Public Works Division. Application forms can be obtained from the Real Property Section at (909) 384-5026. e) Assessment District Apportionment Fees: • Parcel Map of 4 or fewer Parcels - 1 100.00. Project: 1 ~ 3-story Livr Work Condominium Units on the North Side of 3rd Street cast of Sierra ~i'av Case No. TR 17704 and CUP OS-f7 Page 6 of 8 f) Final Maps or Parcel Maps of more than 4 Parcels - 2 250.00 plus 25.00 for each final assessable lot or parcel. 5. Improvement Completion a) Street, sewer, drainage improvement, traffic signals, and landscape maintenance district landscape and irrigation plans for the entire project shall be completed, subject to the approval of the City Engineer, prior to the Map recordation. a) If the required improvements, including landscaping and irrigation within the landscape maintenance district, are not completed prior to Map recordation, an improvement security accompanied by an agreement executed by the developer and the City will be required. b) 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. 6. Street Improvement and Dedications a) All public streets and public easements 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, and landscaping and irrigation in the landscape maintenance district shall be accomplished in accordance with the City of San Bernardino "Design Policies and Procedures" 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. 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 of Wavfft.) Curb Linelft) i 3r° Street 41.25' (Existing to ~ 27' (Existing to Remain) I remain) i Project: 1' 3-story Live/Work Condominium Units on the North Side of 3'~ Street east of Sierta N'av Case No. TR 17704 and CUP OS-17 Page 7 of 8 . c) Remove and replace any existing damaged curb, gutter and sidewalk adjacent to the site in accordance with City Standard No. 200 (8" Curb 8 Gutter) and 202, Case "A" (6' wide adjacent to curb). d) 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 8 gutter and sidewalk. 7. Required Engineering Plans a) A complete submittal for plan checking shall consist of street improvement, sewer, storm drain, traffic signal, striping, lighting, grading, on-site landscaping and irrigation, landscaping and irrigation in the landscape maintenance district, and other plans as required. Piecemeal submittal of various types of plans for the same project will not be allowed. b) The rough grading plan may be designed and submitted in combination with the precise grading plan. c) All public improvement plans submitted for plan check shall be prepared on the City's standard 24" x 36" sheets. Grading and on- site improvement plans shall be submitted on 24" x 36" sheets unless otherwise approved by the City Engineer. A signature block satisfactory to the City Engineer or his designee shall be provided. d) After completion of plan checking, final mylar drawings, stamped and signed by the Registered Civil Engineer in charge, shall be submitted to the City Engineer for approval. e) Electronic files of all improvement plans/drawings shall be submitted to the City Engineer. The files shall be compatible with AutoCAD 2000, and shall be submitted at the same time the final mylar drawings are submitted for approval. f) Copies of the City's design policies and procedures and standard drawings are available at the Public Works Counter for the cost of reproduction. They are also available at no charge at the Public Works Web Site http://www.ci.san-bernardino.ca.us/site/ow/default.htm S. Required Engineering Permits a) Grading permit (If applicable.). Project: I ~ 3 story Li~e~Work Condominium Units on the Nonh Side of 3rd Street east of Sierra N'av Case No. TR 17704 and CCP OS-I Page 8 of 8 • b) On-site improvements construction permit (except buildings -see Development Services-Building Division), including landscaping. c) Off-site improvement construction permit. 7. Aaalicable Enaineerina Fees a) All plan check, permit, inspection, and impact fees are outlined on the Public Works Fee Schedule. A deposit in the amount of 100°k of the estimated fee for each set of plans will be required at time of application for plan check. b) The current fee schedule is available at the Public Works Counter and at http //www ci.san-bernardino.ca.us/site/ow/default.htm c) Please check with the development review section of the Public Works Division at 909-384-5110 for current in-house plan check turn-around times. d) Expedited plan checking is available. A deposit in the amount of 150% of the estimated plan check fee for each set of plans will be required at time of application for expedited plan check. • 8. Public Works Occunancv Requirements for Tract Development. a) Perimeter walls shall be shown and detailed on the rough grading plan and permitted as part of the rough grading of the site. b) Landscape and irrigation plans for on-site landscaping shall be approved prior to issuance of grading permits. c) Perimeter walls shall be installed and accepted prior to acceptance of rough grading. d) On-site landscaping (private areas) shall be installed and accepted prior to release of gas utility and prior to final inspection. CITY OF SAN BERNARDiNO FIRE DEPARTMENT7;/.; ; ; ~- STANDARD REQUIREMENTS Case: t yGF, /._ • Date: ~j~~/~ ~ Reviewed By.~j: r: r GENERAL REQUIREMENTS: Provide one additional sal of construcnor, plans to Building antl Safety Ier fire Oepartment tus at time of plan Check. `K Contact the City of San Bemartlino Fira Department at X909) 384-55d5 for specilic d?tai4sd tegttiremants. - The developer shall provide for adequate fire flow. Minimum fire tiow •egmrements shall M based on square footage, .oflatnlptidn features, and exposure mlortnaudn supplied by the developer anC must ce avacable riot :c p~aang combustibb materials on site. WATER PURVEYOR FOR FIRE PROTECTION: T, ne fire preteuYwtr water serv+ee for the area of this pr:lact +5 Dro~+nfed by: San Bamardino Municipal Water Department-Englneenng (905; 324.5397 East Valley Water District-Engmeenng 19091886.8508 Jther Water purveyor. Phone: PUBLIC FIRE PAOTECTION FACILITIES: J Public fire hydrants era raqutretl abrtg streets at intervals not to oxceed 300 tdet for commercial and mufti-residentul areas antl ru imsrvab not to axpead 500 teat for msidemial areas. Fire hydrant minimum flow rates of 1.500 Boni at a 20 psi minimum resiquat pr?ssre are requiretl torcommercial and multi•residertaal dread. Mininran tiro hydrant flow rates W 7.000 Boni at a 20 psi minimum residual presswa are requrr,W fcr residemial areas. r Fire hydrant type and spacit+c bcation shall be jandy Oelerminetl by the G;y ct San Bernardino Flre Department in conjunction wiM Old water purveyor. Fire hydrant matenats and installation shall comemt tome standards and SpECI}icahon5 cr the water purveyor. PubNc hre hydrants. fire Services, antl puplx: water tacititles necessary to meet Fiw_ Departmert regwrements are the devabpels financial rasporgibOGy antl J shall b¢ installed by the'water purveyor or by me developer al the water purveyors discretion. COCted the water purveyor indicated above fOr addgdMl information. ACCESS: Prgwde two separate, tledicated routes of ingress+egress to the property entrance. The mutes shall be paved, all weather. Frowtle an access road to each bultding br fire apparatus. Access roaQ+raq stall have an all-weamer driving surface of not less than 20 feel of unob-' stNCted width. ~ E>'tend roadway to within !50 feet of all pomons of the extanor wa'I o' an ~~ng!e stcry Cu:Mings. Erend rcadwey to within SO feet of the extengr wall of all mulhple-stop. b,:aar:?s. Promtle `NO PARKING- signs vMenever Carkmg cl vehicles would pocsib'a reduce :n? ct¢arance of access roadways to less than the required witllh. Sans are to reatl "FlRE LANE--NO PARKING--M.C. Sad. 16.18'. Dead-end streets shall net ezceetl 500 tee: in lertglh and shah have a m.rartum +C tact radius turnaround. U Tne names of any new streets (pudic or private) shall be submitted tc the F:'a Dep¢rbnent for approval. SITE: ? All access roads and streets are to be eonstmeted antl usable phut to cdmbr:ita~a a:•:Yn:ctien. Private hre hy0rama shall be instatleo to protect each Duildirrg :orated mere than :50 teo[ from the curt line. No fire hytlrents Should Oa wiltert 401eat W any exterior wall. The hydrants shall be Wat aaml typo, vwm one 2!~ inch and 4 inch ou:Wt, and approved by the Fire Departrnem. Areas adjaeem to firs nydrams shall be tlssgnated as a "NO PARKING' zone by pamdng an 5 :itch v4de. red snipe tc; 751eet m each direction in from of the hydrant in srFtl a manner mat i will not ba Mocked by perked vehicles. Lattenng to be in vmrte ti by •.'. BUILDINGS: ('~, Adtlress numerals shall be installed cn the building at the front dr ]th?r anprrn.ad Iccahcn m such a manner as to be visible from the frontage street r;om- mercrat and multi family address numerals shall be 6 metes tail, s~n31e'a^~~, Lddru£5 hLm¢mis 5^al: be 4 inctes tali. The Cdk1r of Ole numanb shag 0011• eras: with tits ester of the baekgrountl. Identify each gas and eledtnc meter wtth the number of the unit d ;err^s. Fre extinguishers must be inStalbd prior to the building being orcuac4. tie minimum :anng ter any hre extinguisher Is 2A tOB/C. Mirdmun dislribNian of hre exinguishers must be such mat no Interior part of tits Cuilding over ~c :set tavel drstance rrom a fire extinguisher. AparbneM Muses wimgr more units, hotels Imetels? with 20 cr more ~:ni1e, or a_]rT:en!s cr r»t¢'s (motels) three stones or more M Might shah be apuipped with automa rre apnnkbrs deslgne0 tc NFPA stands tls. ~,j All buildings, over 5,000 Square teM. shah he equ+pped •m•.n ar. aa:omatc Ere ,~*nknr =ystam tla5lgncd to tr'FPA ;tandartls. Thi6 inoludss exisOng buNdirgs T vacam aver 365 days. Submit plans for the fire Protection system !n the Fira D.+caC^:¢r: ^rnr td .`,^•]~r~r-.y corstrucion o} the sYStem. Permit requued. Tenant :mprevementa ;n aN spnnkbred buildings are tc ce apprcv-] !^.z i ~•' D?pay 1m. 1 poor to stars of constr„cuon. Permit required. Pro. de !ire alarm +required throughout). Plans rust be score^en o'. ac- •r ;;;smart prier to : a1 ,nSF lla•irn. Permit required. Fir= Dapartmert conn¢ctign to sprnklet system ;:~o•„+pe s; s'ez ~ ^ :.e ~;q~.:e=d at Fire L'epartmert approve: Ircauan. ',Fire Code Pemllt required. apply at 200 east 3rd street. i 909) d5~ ~ s 3'. d. r r y Fira Sprinkler monitcnng required. Plans must be approved or the Fir= C¢?anmant phut to tits sort et ccnstruchcn. Permit required. J Gc:upant Load. Note: The appl+cam must request. ;n vvrNmg. any .:ha-.~;es :c 7~~re Deoanrcnt r=qunements. ^ ACDITIGNA! INFORMATION: i -'~~L~_~_~! l ~ " ~ ~- L_..L~~L,c_._ City of San Bernardino Public Services Department Development Project Conditions of Approval 300 North DStreet - 4~h Floor San Bernardino, CA 92418 i Project Number: CUP 05-17 Project Planner: Aron Liang Review Date: 1 1.3.05 Project Description/Business Name: 3rd Street Mixed Use Project Project Location/Address: North side 3 Street approx. 240 feet east of Sierra Av Service Account: Reviewed By: a-mail: I Phone: Michelle Dyck-Turner I dyck-turner_mi@ci.san-bernardino.ca.us ~ 909.384.5549 #3162 ~ ~ i • Standard Development Requirements Project shall meet all applicable Standard Development Requirements as attached. Integrated Waste Management Survey ~ Applicant shall submit an Integrated Waste Management Survey for each of the activities marked below with the initial application to Planning for approval by the Public Services Department Refuse and Recycling Division prior to issuance of permits for each activity. ~ The information contained in the Survey as well as any related comments and mitigation provided by Public Services shall be summarized in the Initial Study and EIR if required for the project under CEQA. ~ ? Demolition & Site ? Construction /Renovation ? Business Operations or Event Preparation Additional Requirements or Recommendations MD/PS 6.27.2003 City of San Bernardino Public Services Department Standard Development Requirements 300 North DStreet - 4rh Floor San Bernardino, CA 92418 RESIDENTIAL TRACTS & LOTS Collection Services 'i 1. Residential refuse and recycling services are to be provided by the City of San Bernardino Refuse & Recycling i Division a minimum of once weekly. '' II 2. The City shall provide upon request one set of a blue, green, and black 96 or 64-gallon automated service cart to each single family unit, OR one set to every 2 units in multi-unit dwellings up to 8 units. i 3. Commercial requirements shall apply to all multi-unit dwellings over 8 units, unless otherwise approved. 4. Nonresidential establishments such as small offices, shops, meeting halls, or churches, which generate 2 cubic yards or less of non-bulky waste per week and are located on the same side of a residential block receiving automated cart service shall meet residential rather than commercial requirements. Automated Cart Storage & Access i~ S. Residential units shalt construct a minimum 4 feet by 11 feet concrete pad located out of view of public right- of-way for storage of each set of up to 4 automated carts. If visible from the public right-of-way, the storage area shall be screened by landscaping, or masonry or solid wood fencing. SHOW ON GRADING AND SITE PLANS. 6. The path of travel from the storage pad to street shall be continuously paved without step or curb with 4-foot V minimum gate openings in walls and fencing. The path of travel may include a paved driveway or patio area. SHOW ON GRADING AND SITE PLANS. Service Vehicle Access 7. Projects shall meet City Engineering vehicle access requirements on all streets within a residential tract. These requirements shall not limit requirements for Fire vehicle access. Curbside Service Area 8. A minimum l4-foot linear space on the street along the curb adjacent to the driveway of each residence must i I be clear for automated service carts, with a minimum 2-foot setback and 13-foot vertical clearance of all obstructions such as structures, fences, and raised landscaping. ' Gated Access ~I 9. Gated properties that are locked and unmanned on service days anytime between the hours of 5 AM and 5 PM Monday through Saturday shall provide access code or key to Public Services. MO/PS 6.27.2003 12/29/2005 15:43 9093845532 SBNWD PAGE 02. e= SAN BERNARDINO MUNICIrAL WATER pEPARTM[NT STANDARD REQUIREMENTS • DRWERC Cue: GENERAL PLAN AMENDMENT N0.05.72. DEVELOPMENT LODE AMENDMENT NO.O5.06, TENTATTVE TRACT APN NUMBER' 135161.66 EPN NUMBER: 2005086 DATE COMPIlFO: Rt1rIEW OF PLANS. COMPILED BY: Brunson. Ted OWNERS Same as stage DEVELOPER: 3rd Street Development. LLC 6 Cliff Carol TYPE OF PROJECT: Approzimatey 1.3 ewes of land ueah a arse lot condominium sti6diwion, and mnstrud 72 three-story resgenUeUcommerdal olfloe Wndominium units. The prgeQ sde u looted on the north aide ol3rd Straet epproarmatey 240 het east of Sierra Wry NUMBER OF UNITS: 0 LOCATION: North aqe of 3rd StrM approsimetey 240 het cut of Skrre Way WATER DEPARTMENT ENGINEERING: CONTACT Litehfieq. Madhew PHONE NUMBER: (909) 3845386 FAX NUMBER: (909) 384.5532 Nola: A8 Wety SeMeu an Sub/ect to the Rohs ReguAsaoas o/ the Wafer DepertmvR ./ Slze of Main Adjacent the Project 6" C.I. In 3rd St. K APPr~mah W afar Pressure 1 fXl ml EkwUon d Water Storage: 7 4 Hydrant Flow ~ 20pai: J Type, Size, Location end Distann m Nearest Fire Hydrant _ WaNr Suppy SNdy Requred r Pessure Regulator Raqulnd On Customer Sqe d the Metlf ORSite Water Fadllllse Required _ WeterMain Reimbursement Due ' Area Nat Serwd by Sen Bernardino MunldpN Water DepanmeM , _ Network Hydnulie Analysis Required per Unitoan Design SNnderds ' Comments- WATER DUALITY CONTROL CONTACT: Arrieta. Con PHONE NUMBER: 1909) 384.5325 FAX NUMBER: (909) 3844928 ~i R.P.P. Bsdcflow Dsvln Required at Service CoMeetion for Oomesbc Serviq jI Ooubk Chedc 8adcllow Device RequlrW et Service Connection for Fin and Ieigstion ,d'.. Badtllew Device ro be Impeded twfon Water Service nn b. Aaivsted No Beckflow Devix 6 rpuhed at Mistime SEWER CAPACITY INFORMATION CONTACT: Thomsen. Nell PHONE NUMBER: (909) 3845093 FAX NUMBER: (909) 384.5592 Note: Proof o/Payment Must be SuamRaed to Me Yulidlnp Sehty Ospertmenl PAorle luusnee o/ the t7ul/ding P4rrlrR Sewer Capaeiy Fn Appliatde at this thna i~ Sewer CaPady Foe must oe paid fo the Water Department for ~ Gallons Per Day: Equivalent DvwlAng Unhe: J? nI Subject to RelylaNtion d Fee priorro tree Isauanu of Building Pertnrt Breakdown O} Estimsled Gallons Per Day COPY TO: Customer, Planning; Enplneering Thursday. December 29, 2005 EPM p~ t ~ t CITY OF SAN BER'YARDINO ATTACHMENT F DEVELOPMENT SERVICES INITIAL STGDY CITY OF SAN BER\ARDINO INITL4L STCDY FOR TRANSTECH :MIXED USE LIVE'WORK HOMES PROJECT DESCRIPTIONILOCATION: Arequest for approval of a General Plan Amendment to change the land use designation from CO-l, Commercial Office District to CG-2, Commercial General District for 1.3 acres located on the north side of Third Street; approval of a Tentative Tract Map and Conditional Use Permit for aone-lot subdivision to develop 12 vertical mixed use live'work homes at the subject property; approval of a Text Amendment to the Development Code to establish standazds for mixed use development, including placing greater restrictions on the types of commercial land use activities permitted in mixed use development and to permit vertical andlor horizontal mixed-use development containing commercial uses mixed with residential uses, subject to approval of a Conditional Use Permit, in the CR-2, CG-2, CG-3, and CG-41and use districts; approval of requiring a Conditional Use Permit for Artist Colony units in the CR-2 land use district; and approval of requiring a Conditional Use Permit for Combination Residence/Office units in the CO-1 and CO-2 land use districts. The 1.3 acre project site of the proposed 12 livefwork homes is on the north side of Third Street approximately 300 feet east of Sierra Way. The Text Amendment to the Development Code is applicable to the CR-2. CG-2, CG-3. CG-4. CO-1 and CO-2 land use districts located throughout the City. DATE: October l6, 2005 PREPARED BY City of San Bernardino 300 North D Street San Bernardino, CA 92418 (909) 384.5057 PREPARED FOR - Transtech Engineers, Inc. 624 Brea Canvon Road ~~'alnut, CA 91789 909.595.8599 ~1APC0 413 `fackav Drive San Bernardino, CA 92408 909.384.7464 • IS 1 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES I\ITIAL STGDY 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 nor a proposal, not exempt from CEQA, qualifies for a Negative Declaration or whether or not an Environmental Impact Repott (EIR) must be prepared. 1. Project Title: Transtech Live/W'ork Homes 2. Lead Agency \ame: City of San Bemardino Address: 300 North "D" Street San Bemardino, CA 92418 3. Contact Person: Aron Liang Phone !Somber: (909) 384-5057 4. Project Location (Address/Nearest cross-streets):On the north side of Third Street proximately 300 feet east of Sierra Way. 5. Project Sponsor: City of San Bernardino Address: 300 North D Street . San Bemardino, CA 92418 6. General Plan Designation: CO-l, Commercial Office 7. Description of Project (Describe the whole action involved, including, but not limited to, later phases of the project and any secondary, support, or off-site feature necessary for its implementation. Attach additional sheets, if necessary): A request for a General Plan Amendment to change the land use designation from CO-1 to CG-2 fora 1.3 acres site to allow construction of 12 mixed-use liveiwork homes, subject to approval of a Conditional Use Petmit and a Tentative Tract Map; and a request to amend the text of the Development Code to permit and establish requirements for mixed-use development containing residential and commercial uses in the CR-2, CG-2, CG-3, CG-4, C0-1 and CO-2 land use districts of the Ciry of San Bemardino. Currently, the property has the land use designation of CO-1, which permits "Combination Residence/Office" units subject to a Development Permit. The applicant could develop the property with residenceloffice apartments. However, the applicant desires to develop the property with owner-occupied type dwellings (tow•nhomes having no common walls and no common roofs) in a more commercial live; work "mixed-use" design. The applicant and the Development Services Department recommend changing the land use designation on the subject propery from CO-I to CG-2, and amending the text of the Ciry's Development Code to establish requirements for mixed-use development containing residential • and commercial uses. IS 2 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES I\ITIAL STI;DY In summary, the text amendment would achieve the following: l) Require that mixed-use developments containing residential dwellings obtain a Conditional Use Pet~nit subject to the approval of the Planning Commission. (Note: Currently, only a Development Permit is required for amixed-use development in the CG-4,'SP and CR-2 land use districts). Require that developments containing Combination Residence/Office Dwelling Units obtain a Conditional Use Permit subject to the approval of the Planning Commission. (ivote: Currently, only a Development Permit is required for Combination Residence/OfTce Dwelling Units in the CO-1 and CO-2 land use districts). 3) Require that developments containing Artist Colony Dwelling Units obtain a Conditional Use Permit subject to the approval of the Planning Commission. (Note: Currently, only a Development Permit is required for construction of Combination Residence/Office Dwelling Units in the CO-1 and CO-2 land use districts). 4) Establish in the Development Code incentives to construct owner occupied-type dwellings (rather than multi-family/aparments) in mixed-use development. 5) Establish basic standards and requirements for vertical and/or horizontal mixed-use developments containing commercial uses mixed with residential uses. 6) Establish basic standards and requirements for Live/Work Dwelling Units (including Professional Live/Work, Combination Residence;OtTice, and Artist Colony Dwelling Units), and • non-live work dwellings in mixed-use developments. 7) Allow Home Occupations, subject to approval of a Home Occupation Permit, to be conducted in single family detached dwellings, condominiums and tow•nhomes in mixed use developments but not allow Home Occupations to be conductedin multi-family/apartment units (Note: Currently, Home Occupations are not specifically addressed in any of the land use designations permitting mixed use development or proposed to permit mixed use development. 8) Replace Section 19.06 C, identified as "Artist Colony" in the Development Code with "Mixed Use Commercial and Residential Development (Including Artist Colony and Combination Residencies/Office)." 9) The following land use activities are prohibited in mixed-use development containing residential units: Automotive Related Uses, Boarding/Lodging Facilities, Restaurants with Drive-Thurs, Home Improvements with Outdoor Display, Indoor Retail Concession Malls, Mini- Malls, Nurseries/Garden Supplies, Publishing/Printing Plants, Recycling Facilities, Recycling Facilities (Reverse Vending Only), Veterinary Services/Animal Boarding, Funeral Parlors-Mortuaries, Single-Price overstock Discount Stores, Adult-Oriented Businesses (See Section 19.06.030(2)(A) for specific definition of terms), Emergency Shelters, Fortune Tellers, Tattoo Parlors and~or Body Piercing Studios. Second Hand StoreslThrift Stores. Check-Cashing Facilities. and Pawn Shops. 10) In addition to the activities prohibited in mixed use projects containing dwelling units, the following commercial land use activities in live/work units are prohibited: Night Clubs.'Bars/Lounges, Enterainment Recreation, ti4edical/Care FacilitiesiSocial Services, Tanning Salons, Dry Cleaners. Laundromats (self-serve). Com~enience Stores, Drug Stores, Supermarkets, Liquor Stores, Mobile Home Sales. and Religious Facilities. IS 3 s CITY OF SAN BERNARD[NO DEVELOPMENT SERVICES I\ITIAL STUDY The text amendment will not allow land use activities more intense than the land use activities allowed under the City's existing Development Code. The existing Development Code permits a wider range of commercial activities in possible future developments in the subject land use districts than would be permitted in mixed-use developments. If the properties which would be covered by the amendment to the text of Development Code were developed with commercial development permitted by the Development Code, there is a potential for a greater range of commercial activity and a potential for greater volumes of traffic. If the properties which would be covered by the amendment were developed as mixed-use residential and commercial developments, there are fewer permitted commercial uses. As part of the update of the General Plan, the Planning Center made a comparative analysis of commercial development versus mixed-use commercial and residential development, Utilizing estimated residential densities of as great as 47 dwellings per acre (which is highly unlikely to be this great in mixed-use projects in San Bemardino) in comparison to sites entirely developed with a variety of commercial uses such as the Carousel Mall (assuming near full tenant occupancy), the anticipated vehicle trips may be anticipated to be 34% less from mixed-use development. The Planning Center's work included trip generation information indicating that an acre of residential development may be anticipated to typically generate about 49.4 daily trips whereas an acre of retail and/or office development would be anticipated to generate 151 daily trips. Thus, vehicle trips in mixed-use development containing residential dwellings would be expected to experience trip reductions in proportion to reduction of commercial square footage and in proportion to an increase in residential floor area in such mixed-use developments. 8. Surrounding Land Uses and Setting: The subject property is located on the north side of Third Street approximately 300 feet east of Sierra Way. Surrounding uses to the north are multi-family apartments in the RH, Residential High district. To the east, west and south adjacent to the site are commercial uses in the CO-1, Commercial Office land use district. 9. Other agencies whose approval is required (e.g., permits, finance approval, or participation agreement): The following permits will be required for construction and/or operation of the proposed project: Construction related permits from the City of San Bemardino (grading, building, fire, etc.); a Storm Water Construction NPDES (National Pollutant Discharge Elimination System) permit, a Notice of Intent must be filed with the State Water Resources Control Board: and a Storm Water Pollution Prevention Plan (S~~PPP) must be prepared and implemented. A copy of the SWPPP must be retained on site for inspection by the Santa Ana Regional Water Quality Control Board and the City. [S 4 CITY OF SAN BER:VARDI\O DEVELOPd1EVT SERVICES I\ITIAL STUDY ENVIRON~IE\TAL FACTORS POTE\TIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the folloµ•ing pages. ? Aesthetics ? Agriculture Resources ? Air Quality ? Biological Resources ? Cultural Resources ? Geology 'Soils ? Hazards & Hazardous ? Hydrology !Water Quality ? Land Use /Planning Materials ? Noise ? Population /Housing ? Mineral Resources ? Recreation ? Transportation /Traffic ? Public Services ? Mandatory Findings of ? Utilities i Service Systems Significance On the basis of this Initial Study, the Ciry of San Bernardino Environmental Review Committee finds: ? I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ® I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or aereed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ? I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ? I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and Z) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ? I find that although the proposed project could have a significant effect on the em~ironment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLAIL4T[ON pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that EIR or NEGATIVE DECLARATION. including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. -~~ _1~~-,2 fib. zo. c- Signatn Date Printed ~ me for IS 5 CITY OF SAN BERIVARDINO DEVELOPMENT SERVICES INITIAL STCDY Less Than Poten[ially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Incorporation I. AESTHETICS -would the project: a) Have a substantial adverse effect on a scenic ? ? ? vista as identified in the City's General Plan? b) Substantially damage scenic resources, ? ? ? including but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual ? ? ? character of quality of the site and its surroundings? d) Create a nev source of substantial light or glare, ? ? ? which would adversely affect day or nighttime view in the area? e) Other: ? ? ? Discussion: a - d) [n accordance with the General Plan, development of this site has no potential to obstruct any scenic views. The visual impact of the proposed project will not create an offensive change to setting of the area. This is one of the last undeveloped parcels of land in the City's downtown. Both residential and commercial land use activities are existing in the immediately surrounding area. The proposed mixed-use development of 12 live/work homes is consistent with existing land use activities and will be superior in quality and attractiveness in comparison to sun-ounding existing development. The site is located within an area with surrounding land use designation of abutting residential development to the north, abutting a fire station to the east, abutting a commercial building to the west, and is facing a public park, commercial development and residential development. Incremental increases of light and glare will be created by the proposed project through the installation of streetlights on the internal parking lots. This is one of the last undeveloped parcels in the area, and the proposed development is compatible with the surrounding area. Standard conditions of approval for the project wtll ensure compliance with the City's Development Code standards for light and glare. No significant aesthetic effects are anticipated. and no further evaluation or mitigation is required. IS 6 CITY OF SAN BERNARDINO DEVELOPtiIENT SERVICES INITIAL STI;DY • Less Than Potentially Significant Less Than ,`o Significant With Significant Impact Impact bfitigation Impact Incorporation II. AGRICULTCRE RESOURCES: a) Convert Prime Farmland. Unique Farmland, or ? ? ? Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the Califomia Resources Agency, to a non- agricultural use? b) Other: ? ? ? Discussion: a) The proposed project will not convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and • Monitoring Program of the California Resources Agency, to anon-agricultural use. Ko further evaluation or mitigation is required. • IS 7 CITY OF SAN BEILIARDINO DEVELOPMENT SERVICES INITIAL STUDY • Less Than Potentially Significant Less Than ,~o Significant R'ith Significant Impact Impact Mitigation Impact Incorporation III. AIR QUALITY' -would the project: a) Conflict with or obstruct implementation of the ? ? ? applicable air quality plan? (South Coast Air Basin) b) Violate any air quality standard or contribute ? ? ® ? substantially to an existing or projected air ' quality violation based on the thresholds in the SCAQMD's "CEQA Air Quality Handbook?" c) Result in a cumulatively considerable net ? ? ® ? increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which . exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial ~ ? ? ® ? pollutant concentrations? e) Create objectionable odors affecting a ? ? ? substantial number of people based on the information contained in Project Description Forth? f) Other: ? ? ? Discussion: a - e) Potential air quality impacts are divided into short-term and long-term impacts. Short terms impacts are those associated with construction of a project. Long-term impacts are those associated with operation of the project. The San Bernardino Valley portion of the South Coast Air Basin (SCAB) is designated non-attainment for nitrogen dioxide, sulfates, particulate matter, and ozone. The criteria pollutants identified in the SCAB that mould be associated with the proposed project include: • IS 8 CITY OF SAY BERG\'ARDItiO DEVELOPMENT SERVICES I\ITIAL STI;D1' - Ozone (03) - Carbon monoxide (CO) - Nitrogen dioxide (N02) - Particulate matter (PM,) - Sulfur dioxide (SO,) - Reactive Organic Compounds (ROC) SCAQh1D adopted the Final 1994 Air Quality Management Plan (AQMP) revision in September 1994 and a drag 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 (permitting) efforts in the SCAB as enforced by the SCAQMD for stationary sources. GARB regulates mobile sources. The applicant is proposing construction of 12 mixed-live/work homes on a vacant property. The site appears to have been previously developed with dwellings which were demolished several years ago. , prior to the recent purchase of the site by the applicant. The project would not exceed emission standards for energy consumption or operations based on its physical characteristic or operation. Due to the minor amounts of equipment, material, and low volumes of traffic, significance thresholds are not exceeded. Fugitive dust generated by construction activities would add to the ambient PM 10 levels but should not exceed SCAQMD threshold of I50 lbs/day with mitigation. The proposed project has the potential generate dust during grading activities, and in periods of high finds until construction is completed. In order to mitigate this impact, the City requires the prepazation and approval of PM 10 management plans, which shall be reviewed and approved by the Public Works Division. In addition, the project proponent shall implement the following mitigation measures to mitigate the potential impacts on air quality during construction activities: Implementation of the following mitigation measures will ensure impacts from fugitive dust generation during construction activities will be Less than significant and will aid the Ciry 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 .4ir Quality Management District and incorporate pertinent local implementation provisions of the Air Quality Management Plan. IS 9 CITY OF SAN BER'~ARDINO DEV ELOP~IENT SERVICES IrITIAL STCDY AQ-1 The project shall comply with the requirements of the SCAQMD Rule 403, fugitive dust, which requires the implementation of Reasonable Available Control pleasures (RACpI) for all fugitive dust sources, and the Air Quality Management Plan (AMCP), which identifies Best Available Control Measures (BACM) and Best Available Control Technologies (BACT) for area sources and point sources, respectively. 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 areas, and recreational land uses. The project site is located in an area of mixed land uses along Third Street, which is the primary one of several routes visitors to the Ciry of San Bernardino Civic Center and County Courts. Land uses within the general vicinity include single and multi-family residential, a fire station, public park, and retail buildings. The short-tetnt nature of the construction, in light of the degree of development activity that has previously occurred in the area, will not negatively impact the local citizens because implementation of SCAQMD Rules 402 and 403 will reduce the amount of fugitive dust generated. The following AQ mitigation measures will further reduce the potential impacts to ensure a less than significant level of impact: AQ-2 The project proponent shall ensure that construction equipment shall be properly maintained and serviced to minimize exhaust emissions. 1) The project proponent shall ensure that existing power sources are utilized where feasible via temporary power poles to avoid on-site power generation. 2) The project proponent shall ensure that construction personnel be informed of ride sharing and transit opportunities. - 3) The project proponent shall ensure that any portion of the site to be graded shall be pre- watered to a depth of three feet prior to the onset of grading activities. 4) The project proponent shall ensure that watering of the site or other soil stabilization method shall be employed on an on-going basis after the initiation of any grading activity on the site. Portions of the site that are actively being graded shall be watered regularly to ensure that a crust is formed on the ground surface, and shall be watered at the end of each workday. 5) The project proponent shall ensure that all disturbed areas are treated to prevent erosion until the site is constructed upon. " 6) The project proponent shall ensure that landscaped areas are installed as soon as possible to reduce the potential for wind erosion. 7) The project proponent shall ensure that SCAQMD Rule 403 is adhered to, insuring the clean up ofconstruction-related dirt on approach routes to the site. 8) The project proponent shall ensure that all grading activities are suspended during first and second stage ozone episodes or when winds exceed 25 miles per hour. 9) All buildings on the project site shall conform to energy use guidelines in Title 24 of the California Administrative Code. IS 10 C[TY OF SAN BERHARDINO DEVELOPMENT SERVICES I\ITIAL STCDY aQ-3 To reduce emissions all equipment used in erading and construction must be tuned and maintained to the manufacturers specification to maximize burning of ti•ehicle fuel. e) The nature of development of this parcel mill not create new or unusual uses to the surrounding area. .4s such, no significant odors are anticipated and no further evaluation or mitigation is required. IS 11 CITY OF SA:~i BER1rARDIVO DEVELOP~IEtiT SERVICES I\ITIAL STCDY Less Than Potentially Significant Less Than No Significant with Significant lmpact lmpact Mitigation Impact Incorporation I~•. BIOLOGICAL RESOCRCES -Would the project: a) Have a substantial adverse effect, either directly ? ? ? or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, • policies, or regulations, or by the California Department of Fish and Game or US Fish and Wildlife Service? b) Have a substantial adverse effect on any ? ? ? riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally ? ? ? protected wetlands as defined by Section 4Q-3 of the Clean Water Act (including, but not limited to, marsh. vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of ? ? ? any native resident or migratory• fish or wildlife _ species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? ' ' e) Conflict with the provisions of an adopted ? ? ? Habitat Conservation Plan, lratural Communin• Conservation Plan, or other approved local, regional, or state habitat conservation plan? I IS 12 CITY OP SAN BER.VARDII\O DEVELOP~fE\T SERVICES INITIAL STi;DY Less Than Potentially Significant Less Than do Significant with Significant Impact Impact Mitigation Impact Incorporation ri'. BIOLOGICAL RESOCRCES -Continued f) Other: ? ? ? ® • Discussion: a - e) Site of the Live; ~ti'ork Homes: structures on the site were demolished several years ago. The subject project site is currently vacant, with no trees or significant vegetation other than the occasional weed sticking out of exposed graded and semi-compacted dirt. On site vegetation consists primarily of the occasional small weed blade of grass. The site is located in the dow•ntow•n San Bernardino. No potential impact on biological resources is anticipated, and no further evaluation or mitigation is required. • IS l3 ' CITY OF SA:S BERNARDI:~IO DEVELOP11EtiT SERVICES I\ITIAL STCDY Less Than Potentially Significant Less Than ,~o Significant with Significant Impact Impact Mitigation Impact Incorporation ~'. Ct'LTL'RAL RESOCRCES -Would the project: al Be developed in a sensitive archaeological area ? ? ? as identified in the City's General Plan? b) Cause a substantial adverse change in the ? ? ? significance of an archaeological resource pursuant to § 15064.5 of CEQA? c) Cause a substantial adverse change in the ? ? ? significance of a historical resource as defined in y 15064.5 of CEQA? d) Directly or indirectly destroy a unique ? ? ? paleontological resource or site or unique • geologic feature? e) Disturb any human remains. including those ? ? ? interred outside of formal cemeteries? f) Other: ? ? ? Discussion: a - e) The project site does not lie within a sensitive archeological site as identified in the General Plan. Therefore. no further investigations are recommended and no impact is anticipated. However, if any artifacts are uncovered during construction all work will cease immediately and the contractor (or site superintendent) shall contact the San Bernardino Museum to have a qualified archeologist inspect the artifacts and determine the appropriate course of action. If any human remains are discovered onsite during grading and construction activities all work shall stop immediately and an archeologist and/or the County Coroner shall be notified. No work shall commence until the appropriate course of action can be identified and implemented. IS 14 CITY OF SA\ BE[LtiARDltiO DEVELOPJIENT SERVICES INITIAL STtiDY Less Than Potentially Significant Less Than ~o Significant N'ith Significant Impact Impact Mitigation Impact Incorporation ~"l. GEOLOGY A\DSOILS - l~'ould the project: a) Im-olve earth movement (cut and. or fill) based ? ? ? on information included in the Project Description Forth? b) Expose people or structures to potential ? ? ? substantial adverse effects, including the risk of loss, injury, or death? c) Be located within an Alquist-Priolo Earthquake ? ? ? Fault Zone? d) Result in substantial soil erosion or the loss of ? ? ® ? topsoil? e) Be located within an area subject to landslides, ? ? ? mudslides, subsidence, or other similar hazards as identified in the Ciry's General Plan? fl Be located within an area subject to liquefaction ? ? ? as identified in the City's General Plan? g) Modify any unique physical feature based on a ? ? ? site survey/evaluation? h) Result in erosion, dust, or unstable soil ? ® ? ? conditions from excavation, grading, fill, or other construction activities? i 1 Other: ? ® ? ? Discussion: a 1 The project will not require significant earth movement, based on information contained in the Preliminan• Project Description Form No. D. The site is relatively flat, with grades ranging from 1%- 3°i,. The project will require 3.100 cubic yards of cut and 3.300 cubic }•ards of fill. The Public Works division has found the proposed grading to be less than stgnificant. • IS 15 , CITY OF SA\ BER.VARD[NO DEVELOPMENT SERVICES INITIAL STUDY bl Most of Southern California is located in Seismic Zone 4, exposing people and structures to potentially adverse effects in the event of an earthquake or other seismic activity. For this reason California has revised the building standards from the uniform Building Code and created the California Building Code. All construction projects in the state of California are regulated by the California Building Code and are reviewed for seismic safety. The implementation of the standards in the California Building Code will require the maintenance facility construction to meet safety standards that will reduce the potential impact from this project to a level of less than significance. c) The project site is not located within the Alquist-Priolo Earthquake Fault Zone, as defined in Section 12.0-Geologic & Seismic, Figure 47, of the City General Plan. No known faults traverse the site. Therefore no impact is anticipated with regard to the Alquist-Priolo Earthquake Fault Zone. d) The project scope of work includes the grading of 13 acres in order to prepare the site for construction. Standards from the South Coast Air Quality Management District (SCAQMD) as well as the National Pollution Discharge Elimination System (NPDES) require soil erosion control from both .vind and water. Mitigation measures included within the Air Quality section above, the Hydrology and Water Quality section below, as well as within this section will reduce the potential impact from soil erosion to a level of less than significance. e- g) The project site is not located in an area that is known to be susceptible to landslides, mudslides, subsidence, or other similar hazards as identified by the General Plan. No further evaluation or mitigation is required. h) The proposed project will create a minimal potential for soil erosion during grading and construction activities. The following mitigation measures will ensure that such impacts remain less than significant: GS-1 The project proponent shall, prior to the issuance of grading permit, receive approval of an erosion control plan and PMio plan from the Public Works Division of the Development Services Department. GS-2 The project proponent shall, prior to the issuance of a grading permit, prepare and submit for review and approval by the Development Services Department a detailed grading plan for the project site. The plan shall be prepared in conformance to the applicable standards and requirements of the City of San Bernardino Grading Ordinance and the Uniform Building Code. GS-3 .4n 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 completions. This erosion control plan shall include the foflow•ing measures at a minimum. [S 16 f CITY OF SAN BERrARDINO DEVELOPMENT SERVICES INITIAL STtiDY 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 insure 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. GS-3 All graded areas shall be protected from wind and water erosion through acceptable slope stabilization planting, walls, or netting. Interim erosion control plans shall be required, certified by the project engineer, and reviewed and approved by the Development Sen•ices Department. IS 17 CITY OF SA\ BER.tiARDINO DEVELOP~IE~IT SERVICES I\ITIAL STCDY Less Than Potentially Significant less Than ~o Significant with Significant Impac[ Impact ~titiga[ion Impact Incorporation x•11. HAZARDS ADD HAZARDOUS 11ATERIALS - ~L'ould the project: a) Create a significant hazard to the public or the ? ? ? environment through the routine transport, use, or disposal of hazardous materials? bl Create a significant hazard to the public or the ? ? ? environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the em•ironment? c) Emit hazardous emissions or handle hazardous ? ? ? or acutely hazardous materials, substances, or waste within one-quaRer mile of an existing or proposed school? d) Be located on a site which is included on a list ? ? ? of hazardous materials sites compiled pursuant to Gocemment Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the em~ironment? e) For a project located within an airport land use ? ? ? plan or, where such a plan has not been adopted, within tw•o miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? ~ Impair implementation of or physically interfere ? ? ? with an adopted emergency response plan or emergency evacuation plan? ? ? ? IS 18 CITY OF SAN BERVARD[NO DEVELOP;IIENT SERVICES [ViTIAL STODY Less Than Potentially Significant Less Than do Significant With Sienificant Impact Impact Mitigation Impact Incorporation ~'II. HAZARDS A\D HAZARDOt;S MATERIALS h) Other: ? ? ? Discussion: a - f) Hazardous or toxic materials transported in association with construction of the project may include items such as oils and fuels. Alt materials required during construction will be kept in compliance with State and local regulations. No explosives will be present at the site. The end use of the site is mixed-use live/work homes. These uses do not involve the use or storage of hazardous or toxic substances. 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. The following mitigation measures will ensure that impacts from hazardous material use, storage, and transportation will continue to be no impacts througAttut the course of development. H-I Any hazardous waste; materials encountered during the construction shall be remediated in accordance with local, state. and federal regulations. Prior to initiating any construction activities. an environmental assessment shall be conducted to determine if a release of hazardous wastes/substances exists at the site. H-2 If during construction of the project, soil and/or groundwater contamination is.suspected, construction in the area shall cease and appropriate Health and Safety procedures shall be implemented. If it is determined that contaminated soil and,'or groundwater testing is needed, and'or remediation will be conducted, the contractor or site superintendent shall contact the appropriate government agency. agencies to provide appropriate regulatory oversight. IS 19 CITY OF SA:S BERNARDINO DEVELOP~1El\T SERVICES I~IT[AL STUDY Less Than Potentially Significant Less Than ~o Significant H'ith Significant Impact Impact hfitigation Impact Incorparetion VIII. HYDROLOGY' A\D V?:4TER QCALITY - R•ould the project: a) Violate any water quality standards or waste ? ® ? ? discharge requirements? b) Substantially deplete groundwater supplies or ? ? ? interfere substantially with groundwater ' recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate ofpre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? . c) Substantially alter the existing drainage ? ? ? pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result iii~~ substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage ? ? ? pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off-site? e) Create or contribute runoff water which would ? ? ® ? exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff, such as from areas of material storage. vehicle or equipment maintenance (including washing or detailing), waste handling. hazardous materials handling or storage. delivery areas, loading docks, or other outdoor . areas? IS 20 CITY OF SAti BER.IARDItiO DEVELOP~IEVT SERVICES I\ITIAL STUDY • Less Than Potentially Significant Less Than ~o Significant With Significant Impact Impact Mitigation Impac[ Incorporation VIII. Hl'DROLOGI' A\D WATER QUALITY - Continued f) Otherwise substantially degrade water ? ? ® ? quality? g) Place housing within a 100-year flood hazard ? ? ? area as mapped on a federal Flood Hazard • Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (Panel No.0607IC7940F) h) Place within a 100-year flood hazard area ? ? ? structures, which would impede or redirect flood flows? i) Expose people or structures to a significant ? ? ? risk of loss, injury, or death im~olving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? ? ? ? k) Other: ? ? ? Discussion: a) The proposed project could poterrtially exceed water quality standards or waste discharge requirements due to the proposed parking and circulation areas, as well as potential pesticides and other chemicals used in the landscaped areas after construction. The project will be required to incorporate proper best management practices as well as an on-site system to treat runoff from parking and drive aisles, to meet NPDES stahdards. The mitigation of any potential impacts through NPDES regulations and best management practices will result in the project having a less than significant impact related on water quality standards or waste discharge requirements. bl The proposed project will result in the eventual construction of structures, circulation and parking areas on ?ands currently vacant. The amount of area available for percolation and drainage will be affected by the proposed project. However, the installation of landscaping will allow for the percolation of water into the ground. Thus the proposed project will have a less than significant impact on ground cater recharge. IS 21 CITY OF SAN BERVARDl1O DEVELOPMENT SERVICES I\ITIAL STtiDY c) The proposed project will alter the course of the existing drainage pattern on the site by creating surface parking areas, and structures. The on-site drainage will be directed into a catch basin and into an existing channel (where the water curtently flows naturally). During construction erosion and siltation shall be regulated by the Storm Water Pollution Prevention Plan and the permit required for the project from the Santa Ana Regional Water Quality Control Board (SARWQCB). The project proponent will also have to file a Notice of Intent with the SARWQCB under National Pollution Discharge Elimination System INPDES) guidelines. Due to the regulations curtently existing and the requirements for obtaining approvals and permits from various regulatory agencies the potential for erosion or siltation will be less than significant. d) The proposed project will alter the course of the existing drainage pattem on the site by creating surface parking areas, and structures. The on-site drainage will be directed into a catch basin and into an existing channel (where the water curtently flows naturally). Due to the regulations currently existing and the requirements for obtaining approval of erosion control and drainage improvements, the potential for flooding will be less than significant. e) The drainage for the site will contribute to run-off water, however the project proposes upgrades to the existing City of San Bernardino storm water drain system. The existing system, along with the proposed additions, has the capacity to handle the additional run-off. The SWPPP will include best management practices that will alleviate the potential impact from additional pollution in the run-off. Through implementation of the standard regulations as well as the mitigation measures related to erosion control (including the SWPPP, etc.) will reduce the potential impact for excessive and/or polluted tvn- off to a level of less than significance. f) As previously discussed in this section, the project has the potential to impact water quality due to erosion as well as potential pollution in run-off waters. These impacts will be reduced to a level of less than significance by various mitigation measures in this section as well as in the Geology & Soils , section. g - h) The project site is not located within a 100-year flood hazard zone based on Figure 62 of the General Plan and based and the proposal does not include housing. No impact is anticipated. i - j) The project site is not in proximity to any large bodies of water (i.e. ocean, lake, river, etc.) and is not located in a flood plain. '~o impact is anticipated. To ensure that the potential impacts associated with flooding and storm water quality and com•eyance are less than significant, the following mitigation measures will be implemented. H«'-1 Prior to the issuance of a grading permit, asite-specific drainage study which meets the standards of the City of San Bernardino Public R'orks division will be prepared by a Civil Engineer registered in the State of California. All recommendations from this analysis, including facilities necessary to mitieate drainage impacts. maximize percolation and groundwater recharge to the extent feasible shall '~ be incorporated in all grading and site improvement plans. [S 22 CITY OF SA:V BERNARDl:SO DE~'ELOP~lEVT SERVICES I\ITIAL STUDY H~~'-2 The applicant shall mitigate on-site storm water discharge sufficiently to maintain compliance nth the City's NPDES Storm ~~'ater Discharge Permit Requirements. A "Notice of Intent (NOq" shall be filed with the State Water Quality Control Board for construction disturbing 5 acres or more of land. H~~"-3 Prior to the issue of any grading or building permit, the applicant shall submit to the City Engineer and have approved a Water Quality Management Plan (WQMP) on a form provided by the City. The R'QMP shall identify BMP's that will be incorporated into the project to control storm water and non-storm water pollutants during and after construction and shall be revised as necessary during the life of the project. The applicant shall comply wish the requirements for commercial developments as outlined in Chapter 8.80: Storm Water Drainage System, of the Municipal Code. H~ti'-4 The plans for landscaping and fuel modification zones shall include provisions for controlling . and minimizing the use of fertilizersrpesticides~'herbicides. Areas landscaped or replanted for fire fuel modification shall be monitored and maintained for at least two years to ensure adequate coverage and stable erowth. HR"-5 Nuisance water and first flush tvn-off shall be captured on-site and treated to remove pollutants and sediments in accordance with the NPDES requirements before release from the site. City policy prohibits the construction of a retention basin. Adequate provision must be made to drain the site. An encroachment permit from the San Bernardino County Flood Control District must be obtained if a direct connection is made to the Santa Ana River. IS 23 CITY OF S,~\ BERVARDINO DEVELOP,~IE\T SERVICES I\ITIAL STGDY Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitiga[ion Impact Incorporation I!~. LA\D LSE A\D PLAN\I\G - R'ould the project: a) Physically divide an established community? ? ? ? b) Conflict with any applicable land use plan, ? ? ® ? policy, or regulation of an agency with jurisdiction over the project (including, but not ' limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? ~I c) Conflict with any applicable habitat ? ? ? conservation plan or natural community i conservation plan? I dl Be developed within the Hillside !Management ? ? ? Overlay District'? e) Be developed within Foothill Fire Zones A, B, ? ? ® ? or C as identified in the City's General Plan? f) Be developed within the Airport Influence Area ? ? ? as adopted by the San Bernardino International Airport Authority? g) Other: ? ? ? Discussion: The proposed project does not conflict with the General Plan or any applicable regulations. The proposal is consistent with the General Plan and Development Code. The site is not located within a habitat conservation plan, the Hillside `tanagement Overlay District, or Foothill Fire Zones A, B or C. No land use conflicts will result from the construction and operation of the project. Ko mitigation measures are required. • IS '_q CITY OF SAr BERNARDINO DEVELOPMENT SERVICES I\ITL4L STCDY a - e) The proposal is an infill development project on a small site that would not divide an established community. The project applicant is proposing the development of 12 live:'work dwellings in a mixed- use development. The project site is currently zoned CO-1, Commercial Office district. A General Plan Amendment is requested to change the CO-1 district and light commercial uses. The proposed project is compatible with development in the surrounding area which is both single-family and multiple-family residential, and commercial development and public park. Third Street is one of several street used to access the San Bernardino Civic Center and County administration and court systems, and one of several routes to food uses, re[ail outlets and financial institutions. No significant impacts to land use will result from the proposed project. The site is not located within a habitat conservation plan, the Hillside Management Overlay District, or Foothill Fire Zones A. B or C. No land use conflicts will result from the construction and operation of the project. No mitigation measures are required. f) The proposed project is located within the San Bernardino International Airport. As discussed under Section l'il Hazards and Hazardous Materials, the proposed project is compatible with the Airport. No further evaluation is required and no mitigation measures are required. • • [S _5 CITY OF SAN BERtiARDINO DEVELOP~tE1T SERVICES I\ITIAL STUDY Less Than Potentially Significant Less Than ~o Significant N•ith Significant Impact Impart Mitigation Impact Incorporation III\ERAL RESOURCES -Would the project: a) Result in the loss of availability of a known ? ? ? mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of alocally-important mineral ? ? ? resource recovery site delineated on a local ' general plan, specific plan or other land use plan? Discussion: a - b) No loss of valuable mineral resources will occur with the development of the project. The project site is not located within a Mineral Resource Zone (MRZ). 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. IS 26 CITY OF SA\ BERNARDINO DEVELOPAIE\T SERVICES I\ITIAL STIDY Less Than Po[en[ially Significant Less Than Vo Significant 1i'ith Si¢nificant Impact Impact !Ni[iga[ion Impact Incorporation YI. \OISE - R'ould the project result in: a) Exposure of persons to or generation of noise ? ? ® ? levels in excess of standards established in the City's General Plan or Development Code, or applicable standards of other agencies? I b) Exposure of persons to or generation of ? ? ? excessive ground borne vibration or groundboume noise levels? c) A substantial permanent increase in ambient ? ? ? noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ? ? ® ? ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land~use ? ? ? plan or Airport Influence Area, would the project expose people residing or w•orkine in the project area to excessive noise levels? f) Other: ? ? ? Discussion: a - e) The proposed project will introduce l2 live/work homes to a vacant parcel wtthin commercial, public park, residential and public governmental land use areas. The project is located near a residential neighborhood, abutting a fire station, and abutting a retail business. The most notable noise source is generated from emergenc}• vehicles occasionally exiting the fire station. There are no major noise sources located near the site. However, short-term construction noise may affect adjacent residences during on-site construction from equipment and vibration from excavation and grading. In order to ensure that noise impacts associated with the construction are reduced to a less than significant level, the applicant shall comply with the following mitigation measures: IS 27 CITY OF SAY BER~IARDI\O DEVELOPMENT SERVICES INITIAL STUDY -1 Construction shall be restricted to between 7:00 am and 7:00 pm on weekdays and 8:00 am to 7:00 pm on Saturday. No construction shall take place on Sundays or federal holidays. -: Construction equipment (both fixed and mobile) shall be equipped and maintained with properly functionin¢ mufflers. -3 Stockpiling and vehicle staging areas shall be located as far as practical from noise sensitive areas. -5 Low noise level equipment shall be utilized. -6 \oisy activities shall be planned to occur together, when practical. -7 All construction vehicles shall have mufflers and be maintained in good operating order at all times. -8 Trucks waiting to be loaded or unloaded with construction matettai shall not be left to idle for more than 10 minutes. IS 28 CITY OF SA\ BERNARD[\O DEVELOPIIE~T SERVICES I\ITIAL STGDY Less Than Potentially Significant Less Than ~o Significant «'ith Sienificant Impact Impact Mitigation Impact Incorporation XIi. POPULATION AND HOtiSIrG -Would the project: a) Induce substantial population growth in an area, ? ? ? either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Remove existing housing and displace ? ? ? substantial numbers of people, necessitating the construction of replacement housing elsewhere? c) Other: ? ? ? Discussion: a - c) 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. The proposed project will not create a significant demand for additional housing. Typical development in the surrounding area includes apartment communities, single-family neighborhoods and service oriented commercial development that provides goods and services for the residents. As one of the last undeveloped parcels in the immediate area, the proposed project is not growth inducing. either directly of indirectly. No additional housing will be provided, and no major infrastructure expansion is necessary to sen•e the project. IS 29 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES I\ITIAL STCDY Less Than Potentially Significant Less Than ~o Significant with Significant Impact Impact !~litigatian Impact Incorporation Xlll. PCBLIC SERVICES a) Would the project result in substantial adverse ? ? ? ph}~sical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant em~ironmental ' impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection, including medical aid? ? ? ® ? Police protection? ? ? ® ? . Schools? ? ? Parks or other recreational facilities? ? ? ? Other governmental services? ? ? ? b) Other: ? ? ? Discussion: a - b) The proposed project is infill development on a small site served by all public services noted above. The proposed project will not place additional demands on fire protection and medical aid services. The project site is not in a high fire hazard zone. The project site is located abutting a fire stanon. Standard requirements for fire protection facilities, building design, and site access have been reviewed and approved by the City of San Bernardino Fire Department and incorporated into the project design. The project as proposed meets the City's current standards for fire protection. The resulting impacts will be less than significant. The project will not place additional demands on police services. Security measures will be incorporated in the project design during the design review by the department, and will be verified during plan review b.' the Building Department and City Police Department. IS 30 CITY OF SA\ BERNARDItiO DEVELOPrIEYT SERVICES [~i1TIAL STCDY Employees will be drawn from existing residents within or near the City of 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 existing population of the area. The project site currently has no water demand. The implementation of the project will result in an increase in water for business use and irrigation purposes. This demand will not be a significant impact on the current groundwater supply or production capability of the City of San Bernardino Municipal Water Department. Water requirements will be met by the City of San Bernardino Municipal Water Department. Utility systems are in place to serve the surrounding areas and are master planned to provide service to the project site without creating disjointed patterns of service extensions. Existing water mains are present in the perimeter streets. Fire hydrants will be installed onsite as required by the City- San Bernardino Fire Department. The proposed live.iw-ork dwellings will generate solid waste and green waste from landscape maintenance. The mixed-use development shall cooperate with the City Public Services Department in participating in all appropriate diversion programs. All green waste shall be diverted to an appropriate green waste processing or composting facility as directed by the Public Services Department. Additional vehicle trips will be generated by the proposed project. Access to the site will be provide by Third Street. This street is a secondary arterial through this segment of the City. Project related traffic impacts are discussed in detail in Section XVII - Traffic/Transporation. The property, however, is currently not generating property tax. When developed, the project site will generate property tax to offset the costs associated with providing services. Further, the proposed homes will generate school fees for the school district, to offset the costs associated with added children in the area. The impacts of the proposed project on public services are expected to be less than significant. • 1S 3l CITY OF SAN BER\ARDINO DEYELOPVIENT SERVICES INITIAL STI;DY • Less Than Potentially Significant Less Than ~o Significant w'i[h Significant Impact Impact ~litiga[ion Impact Incorporation \IV. RECREATION a) ~'~'ould the project increase the use of existing ? ? ? neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities ? ? ? or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? c) Other: ? ? ? Discussion: a - c) Development of the project site will result in a need for additional recreation facilities. The City, however, does not currently receive property tax for the proposed property. When developed, the property will generate property tax, which will contribute to the provision of recreational facilities Project development will have an effect on the demand for neighborhood or regional parks or other recreational facilities, and it will affect existing recreational opportunities. Existing park facilities are located across the street frorn the project. 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. The impacts associated with development of the project site are not expected to be significant. • IS 32 CITY OF SA\ BERNARDINO DEVELOP~IErT SERVICES IrITIAL STtiDY • Less Than Potentially Significant Less Than ~o Significant ~~'ith Significant Impact Impact Mitigation Impac[ Incorporation ~~'. TRA\SPORTATION/TRAFFIC -Would the project: a) Cause an increase in traffic which insubstantial ? ? ® ? in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads. or congestion at intersections)? b) Exceed, either individually or cumulatively, a ? ? ® ? level of sen•ice standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air trafTc patterns. ? ? ? including either an increase in trafTc levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design ? ? ? feature (e.g., sharp cun•es or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? ? ? ? ~ Result in inadequate parking capacity? ? ? ® ? g) Conflict with adopted policies, plans, or ? ? ? programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? h) Other: ? ? ? [S 33 CITY OF SAr BER\ARD[r0 DEVELOPMENT SER4'ICES I\ITIAL STtD1' Discussion: a) In accordance with the 7ih Edition, Trip Generation, the proposed project would generate approximately 386 trips per day. Based on this small increment of trips, the proposal is not considered to contribute a significant increase in traffic volume on this roadway and a traffic study is not required. The project will have adequate access and driveways on Third Street in an acceptable operation. The project will be required to pay traffic systems fee of 57,557.88 based upon 386 trips at 519.58'trip, thus the project will have a less than significant impact. b) The project has been determined by the Traffic Engineers to be of a small enough scale that it will not exceed either individually or cumulatively a level of service established by the county congestion management plan..4 less than significant impact is anticipated. c) The proposed project is a mixed-use development containing residential units. Air traffic patterns shall not be impacted by the proposed project. d) The project will be designed to meet all current City standards for street widths, comer radii, intersection control, etc. No impact is anticipated. e) The proposed project will provide the required means of access as per the Development Code. No impact is anticipated. ~ The proposed project will create surface parking areas for employees and the general public. The parking provided shall meet Development Code requirements. No impact is anticipated. g) The proposed project will not conflict with any adopted policies, plans, or programs relating to alternative transportation. No impact is anticipated. [S 34 CITY OF SA1 BERtiARDt\O DEVELOPJIE~T SERVICES I\ITIAL STCDY Less Than Potentially Sienifcant Less Than do Significant With Significant Impact Impact Mitigation Impact Incorporation ~~•I. CTILITIES ADD SERVICE SYSTE~[S - «•ould the project: a) Exceed ~•aste~vater treatment requirements of ? ? ? the Santa Ana Regional ~~'ater Quality Control Board'? b) Require or result in the construction of new ? ? ? ater or wastewater treatment facilities or expansion of existing facilities, the construction of which would cause significant environmental effects? c) Require or result in the construction of new ? ? ? storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant em•ironmental effects? d) Have sufficient water supplies available to ? ? ? sen•e the project from existing entitlemerifs and resources, or are new or expanded entitlements needed? e) Result in determination by the ~vaste~vater ? ? ? treatment provider, which serves or may serve the project that it has adequate capacity to sere the project's projected demand in _ addition to the provider's existing commitments? t1 Be sen~ed by a landfill with sufficient ? ? ? permitted capacity to accommodate the project's solid waste disposal needs? e) Comply with federal, state, and local statutes ? ? ? ~y' and regulations related to solid Haste? . h) Other: ? ? ? IS 35 CITY of sA~ seR.~ARDmo DEVELOP~IEVT SERVICES I`ITIAL STCDY Discussion: a - h) The proposed project will be connected to all utilities. Natural gas service will be proti•ided to the project site by the Southem Califomia Gas Company. The project developer will be required to pay both hook-up fees and on-going monthly usage fees for utility service. Electricity will be provided to the project site by Southem Califomia Edison (SCE). Project operations will not impact SCE's ability to provide adequate levels of service nor will it create the need to increase capacity. The proposed project would require telephone service. The project site is within the service area of ~'erizon (formerly General Telephone). The sen•ice can be extended to the site without any significant impact to existing service in the area. Existin¢ water mains are present on Third Street. Water supply is provided to the site by the Water Department. No impact to water distribution will result from the implementation of the proposed project. The proposed development is within the services boundaries of the Water Department. The site is within the Ciry of San Bernardino sewage service area, which has adequate capacity to service the project site. There are sewer locations on Third Street that will serve the site. Any impacts to the sewer system will be less than significant. In all. the infrastructure (electricity, water, sewer, phone, gas, water and others) in the surrounding areas is in place and can adequately serve the project site: No new significant utility effects have been identified that were not identified and analyzed in the General Plan. The proposed project utility impacts remain consistent with the General Plan. Iv'o further evaluation or mitigation is required. IS 36 CITY OF SAr BER.~ARDI\O DEVELOP~tE!VT SERVICES I\ITIAL ST[;DY • Potentially Less Than Less Than No Significant Significant Signil;cant Impact Impact With Impact Mitigation Incorporation \VII. ~La\DATORY FI`DI\GS OF SIGNIFICA\CE a) Does the project have the potential to degrade ? ? ? the quality of the em~ironment, 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 major periods of California history or prehistory? b) Does the project have impacts that are ? ? ® ? individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) c) Does the project have environmental effects, ? ? ® ? which will cause substantial adverse effects on human beings, either directly or indirectly? Discussion: a) The proposed project site is surrounded by developed residential and commercial uses. The site is not within the Biological Resources Management Overlay. There is no ecidenee that there would be the potential for adverse effects on sensitive wildlife or viable sensitive wildlife habitat. The site does not contain structures or culturally significant features that would be eliminated by development of the proposed project. b) The development oFthe site as proposed would not cause adverse impacts 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 the impacts to less than significant. ,additionally. impacts related to air quality are short term and will cease once construction activities are completed IS 37 CITY OF SAN BER.\ARDINO DE~'ELOP~IENT SERVICES I~ITL4L STCDY • c) 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 propose construction activities. Impacts to both air quality and noise can be mitigated by measures included in the Initial Study Sections V and X. The development of the project will contribute incrementally to the impacts associated with development in the area, including traffic, ambient noise, lighting, etc. This project is being developed on one of the last vacant parcels of land in this area of downtown San Bernardino. The project is compatible with development in the surrounding area and is consistent with the Zoning and General Plan. Regarding the properties covered by the amendment to the text of the Development Code, the amendment would require each mixed-use development to obtain a Conditional Use Permit. This requirement wilt give greater scrutiny and control over land use activities in mixed-use projects anti development of mixed-use projects. Each proposed future project will be evaluated in accordance with CEQA requirements. The amendment makes more likely that the subject properties will be developed in a manner less intense with commercial activities than if the amendment is not adopted. IS 38 CITY OF SAN BER~ARDINO DEVELOPMENT SERVICES INITIAL STUDY REFERE\CES. The following references cited in the Initial Study are on file in the Development Sen ices Department. 1. City of San Bernardino General Plan City of San Bernardino General Plan Land lise Plan'Zoning Districts Map 3. City of San 8emardino Development Code (Title 19 of the San Bemardino Municipal Code) 4. Alquist-Priolo Earthquake Fault Zones Map 5. South Coast Air Quality Management District, CEQA Air Quality Handbook 6. Federal Emergency Management Agency, Flood Insurance Rate !Maps 7. Public Works Standard Requirements -Water 8. Public Works Standard Requirements -Grading IS 39 ATTACHMENT G Tentative Tract lfap No. 17704 (Subdivision No. OS-31) and Conditional Use Permit No. OS-17 3iITIGATION MONITORING/REPORTING PROGRAM This Mitigation i`Ionitoring and Reporting Program has been prepared to implement the mitigation measures outlined in the Initial Study for the Tentative Tract No. 17704 and Conditional Use Permit No. OS-17. This program has been prepared in compliance with the California Em ironmental Quality Act (CEQA) and the State and City of San Bernardino CEQA Guidelines. CEQA Section 21081.6 requires adoption of a monitoring and/or reporting program for those measures or conditions imposed on a project to mitigate or avoid adverse effects on the environment. The law states that the monitoring or reporting program shall be designed to ensure compliance during project implementation. The Mitigation Monitoring and Reporting Program contain the following elements: 1. The mitigation measures are recorded with the action and procedure necessary to ensure compliance. The program lists the mitigation measures contained within the Initial Study. 2 A procedure for compliance and verification has been outlined for each mandatory mitigation action. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported. 3. The program contains a separate Mitigation Monitoring and Compliance Record for each action. On each of these record sheets, the pertinent actions and dates will be logged, and copies of permits, correspondence or other data relevant wilt be retained by the City of San Bernardino. 4. The program is designed to be flexible. As monitoring progresses. changes to compliance procedures ma}• be necessary based upon recommendations by those responsible for the program. If changes are made, new monitoring compliance procedures and records will be developed and incorporated into the program. The individual measures and accompanying monitoring~reporting actions follow. They are numbered in the same sequence as presented in the Initial Study. Mitigation Monitoring and Reporting Program TTM No. 17704 6r CUP No. OS-17 Page 2 ~1ITIGATIO\ ~IEAStiRES lll. AIR QL•ALIT1' AQ-I The project shall comply with the requirements of the SCAQti1D Rule 403, fugitive dust, which requires the implementation of Reasonable Available Control Measures (RACM) for all fugitive dust sources, and the Air Quality Management Plan (AMCP), which identifies Best Available Control pleasures (BACM) and Best Available Control Technologies (BACT) for area sources and point sources, respectively. AQ-2 The project proponent shall ensure that construction equipment shall be properly maintained and serviced to minimize exhaust emissions. I) The project proponent shall ensure that existing power sources are utilized where feasible via temporary power poles to avoid on-site power generation. The project proponent shall ensure that construction personnel be informed of ride sharing and transit opportunities. 3) The project proponent shall ensure that any portion of the site to be graded shall be pre-watered to a depth of three feet prior to the onset of grading activities. 4) The project proponent shall ensure that watering of the site or other soil stabilization method shall be employed on an on-going basis after the initiation of any grading activity on the site. Portions of the site that are actively being graded shall be watered regularly to ensure that a crust is formed on the ground surface, and shall be watered I, ~ at the end of each workday. 5) The project proponent shall ensure that all disturbed areas are treated to prevent erosion until the site is constructed upon. 6) The project proponent shall ensure that landscaped areas are installed as soon as possible to reduce the potential for wind erosion. 7) The project proponent shall ensure that SCAQMD Rule 403 is adhered to, insuring the clean up ofconstruction-related dirt on approach routes to the site. 8) The project proponent shall ensure that all grading activities are suspended during first and second stage ozone episodes or when winds exceed 25 miles per hour. 9) All buildings on the project site shall conform to energy use guidelines in Title 24 of the California Administrative Code. AQ-3 To reduce emissions all equipment used in grading and construction must be tuned and maintained to the manufacturers specification to maximize burning of vehicle fuel. e) The nature of development of this parcel will not create new or unusual uses to the surrounding area. As such, no significant odors are anticipated and no further evaluation or mitigation is required. Mitigation Monitoring and Reporting Program TTM No. 17704 & CUP No. Oi-17 Page 3 IYIPLEYIEITATIOti AND VERIFICATION Public Works and Planning staff shall review this development project. CO~1PL[ANCE RECORD ~~'hen Required: The verification shall be completed prior to project approval. ~~'RITTEN VERIFICATION PREPARED BY: DATE PREPARED: I Mitigation Monitoring and Reporting Program T1M No. 17704 & CL'P No. Oi-17 Page 4 • VI. GEOLOGY AND SOILS GS-1 The project proponent shall, prior to the issuance of grading permit, receive approval of an erosion control plan and PMm plan from the Public Works Division of the Development Services Department. GS-2 The project proponent shall, prior to the issuance of a grading permit, prepare and submit for review and approval by the Development Services Department a detailed grading plan for the project site. The plan shall be prepared in conformance to the applicable standards and requirements of the Ciry of San Bernardino Grading Ordinance and the Uniform Building Code. GS-3 .4n 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 completions. 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. .4n inspection and maintenance program shall be included to insure 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. GS-4 All graded areas shall be protected from wind and water erosion through acceptable slope stabilization planting, walls, or netting. Interim erosion control plans shall be required, certified by the project engineer, and reviewed and approved by the Development Services Department. I~iPLE~tENTATION AND VERIFICATION Public Works and Planning staff shall review this development project. CO~IPLL4NCE RECORD ~'i'hen Required: The verification shall be completed prior to project approval. ~~'RITTE\' VERIFICATION PREPARED BY: ', DATE PREPARED: • Mitigation Monitoring and Reporting Program TTM No. t~04 & Clip No. 03-t7 . Page 5 ~'II. HAZARDS Although the site is not on the State Hazardous Waste and Substances Sites List and is not proposing a land use that involves the use, manufacturing, storage or transport of hazardous or potentially hazardous materials and no impacts are anticipated, the following mitigation measures are to be implemented in order to ensure that there will continue to be no impacts throughout the course of development. H-1 Any hazardous waste/materials encountered during the construction shall be remediated in accordance with local, state, and federal regulations. Ptior to initiating any construction activities, an environmental assessment shall be conducted to determine if a release of hazardous wastes/substances exists at the site. H-2 [f during construction of the project, soil and/or groundwater contamination is suspected, construction in the area shall cease and appropriate Health and Safety procedures shall be implemented. If it is determined that contaminated soil and/or groundwater testing is needed, and/or remediation will be conducted, the contractor or site superintendent shall contact the appropriate government agency/agencies to provide appropriate regulatory oversight. • I~IPLEbIENTATION AND VERIFICATION Public Works and Planning staff shall review this development project. COMPLIANCE RECORD When Required: The verification shall be completed prior to project approval. ~~'RITTEN VERIFICATION PREPARED BY: DATE PREPARED: ATTACHMENT C REVISED CONDITIONS OF APPROVAL Tentative Tract No. 17704 (Sub No. 05-31) & Conditional Use Permit No.05-17 1. This approval is for Tentative Tract Map No. 17704 (Sub No. OS-31)to subdivide 1.3 acres to create a 1-lot subdivision and Conditional Use Permit No. OS-17 to construct 12 three-story mixed-use ' ' " - ,:..°~..."_,. ''°•""`"'' `'...°"' units in the CG-2, Commercial General land use district. 2. Within two yeazs of this approval, the filing of the final map with the Council shall have occurred or the approval shall become null and void. Expiration of a tentative map shall terminate all proceedings and no final map or parcel map shall be filed without first processing a new tentative map. The City Engineer must accept the final map documents as adequate for approval by Council prior to forwarding them to the Ciry Clerk. The date the map shall be deemed filed with the Council is the date on which the City Clerk receives the map. Expiration Date: March 6, 2008 3. Within two yeazs of this approval, all necessary building permits must be obtained and commencement of work/construction shall have occurred or the permiUapproval shall become null and void. In addition, if after commencement of work/construction, the work/construction is discontinued for a period of one yeaz, then the permiUapproval shall become null and void. However, approval of the Tract Map/Development Permit does not authorize commencement of construction. All necessary permits must be obtained prior to commencement of specified construction activities included in the Conditions of Approval and Standazd Requirements. 4. The review authority shall ensure that the project complies with all Development Code provisions in effect at the time of the requested extension. review authority may, upon application being filed 30 days prior to the expiration date and for good cause, grant one time extension not to exceed 12 months. The review authority shall ensure that the project complies with all current Development Code provisions. 5. In the event that this approval (including DCA No. OS-06 and GPA No. OS-12) 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 agees to defend, indemnify, and hold harmless the City, the Economic Development Agency, the Redevelopment Agency, their affiliates, its officers, agents and employees from any claim, action or proceeding against the City of San Bernardino. The applicant further agrees to reimburse the City, the Redevelopment Agency and the Economic Development Agency of any costs and attorneys' fees which the City, the redevelopment Agency or the Economic • Development Agency may be required by a court to pay as a result of such action, but such participation shall not relive applicant of his or her obligation under this condition. DCA No. OS-06 GPA No. OS-!1 TfM No. !7704 CUP No. OS-!7 Page 1 The costs, salaries, and expenses of the City Attorney and employees of his office shall be considered as "attorneys fees" for the purpose of this condition. As part of the consideration for issuing this permit, this condition shall remain in effect if this Tentative Tract and or Conditional Use Permit is rescinded or revoked, whether or not at the request of applicant. 6. The final map, grading plan, and site improvement plans shall be in substantial conformance with the Tentative Map approved by the Planning Commission. Minor modifications to the plan(s) shall be subject to approval by the Director of Development Services through a minor modification permit process. Any modification which exceeds 10% of the following allowable measurable design site considerations shall require the re-filing of the original application and a subsequent hearing by the appropriate hearing review authority if applicable: a. On-site circulation and landscaping. b. Placement and/or height of walls, fences and structures. c. Minor lot line adjustments, provided the lot azea of each approved lot shall not be reduced below the minimum lot area permitted iri the Development Code. d. A reductionlincrease in density, intensity or number of lots of a development project. e. Reconfiguration or azchitectural features, including colors, and/or modification of the finished materials that do not alter or comprise the previously approved theme. 7. 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 Development Services Department. A temporary Certificate of Occuparicy may be issued by the Development Services Department subject to the conditions imposed on the use, provided that a deposit is filed with the Development Services Department prior to the issuance of the Certificate. The deposit or security shall guazantee the faithful performance and completion of all terms, conditions and performance standazds imposed on the intended use by this permit. 8. 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 lightning 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 aze 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 i landscaping when on the ground. DCA No. OS-06 GPA No. OS-!1 TfM No. !7704 CUP No. OS-!7 Poge 3 9. All perimeter block walls (north & west boundaries) shall be decorative both sides (split face, slump stone, etc.) 10. Any security gates bars, doors, window bars shall be installed on the inside of the structure only. Video surveillance equipment installed/used on the exterior shall be painted to match the structure, or treated to blend with the architecture of the development. 11. All exterior lighting shall be energy efficient with the ability to lower or reduce usage when the store is closed. Signage may be required to be fumed off when the business is closed. 12. If the color of the building or other exterior finish materials are to be modified, the revised color scheme and/or finish materials shall be reviewed and approved by the Planning Division prior to commencement of work. 13. 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. 14.The landscape plan shall include one 24" box tree for every four pazking spaces (employee and customer), consistent with the requirements of Section 19.24.060(6)(B) and Chapter 19.28 of the Development Code. 15. No painted window signs, roof signs, permanent sale or come-on signs will be permitted at this site. 16. Signs aze not approved as a part of this permit. Prior to establishing any signs, the applicant shall submit an application, and receive approval for a sign permit from the Planning Division. All signage on the site shall be consistent with the provisions of the Development Code. 17. Any change in elevation or building pad height of 6" or more along the perimeter of the tracUpazcel map will require approval by the Planning Commission. Any change in elevation or building pad height of 1' or more within the project site will require approval by the Planning Commission. The applicant's/owner's engineer will certify the elevation of the building pads to the City Engineer, prior to construction of the building foundation. 18. Submittal requirements for permit applications (building, site improvements, landscaping, etc.) to Building Plan Check and/or Public Works/Engineering shall include all Conditions of Approval and Standard Requirements issued with the Planning approval. DCA No. OS-06 GPA No. OS-l: 1TM No. 17704 CUP No. OS-l7 Page 4 19. If cultural or historical remains aze found during the development of the site, a qualified azchaeologist shall be notified immediately and empowered to halt construction until adequate data recovery and/or protection measures aze implemented. 20. Mixed-Use Unit Owner OCCLLDanCV Requirements: An occupied mixed-use unit shall be occupied by a minimum of one owner identified in the owner's title policy as an owner of the unit. An owner of an occupied mixed-use unit shall occupy, at a minimum, the work azea or residential quarters of a mixed-use unit. An owner(s) occupying the work area may lease the residential quarters to another party but shall not lease the work azea to a third party. An owner occupying the residential quarters may lease the work azea to another party but shall not lease the residential quarters to a third party. Exceptions must be approved by the Ciry of San Bemazdino Planning Commission. These restrictions shall be incorporated in the project CC&R's, to be approved by the Planning Division prior to recordation of TTM No. 17704. 21. The project is subject to all applicable Mitigation Measures contained in the Mitigation Monitoring/Reporting Program (Attachment G). 22. This permit or approval is subject to the attached conditions or requirements of the following City Departments or Divisions and other public agencies: S a. Plan Check Division b. Public Works Division c. Fire Department d. Public Services e. Water Department Amended by the Planning Commission on August 21, 2007. EXHIBIT 3 REVISED CONDITIONS OF APPROVAL Tentative Tract No. 17704 (Sub No. OS-31) & Conditional Use Permit No.05-17 1. This approval is for Tentative Tract Map No. 17704 (Sub No. OS-31)to subdivide 1.3 acres to create a 1-lot subdivision and Conditional Use Permit No. OS-17 to construct 12 three-story mixed-use units in the CG-2, Commercial General land use district. 2. Within two yeazs of this approval, the filing of the final map with the Council shall have occurred or the approval shall become null and void. Expiration of a tentative map shall terminate all proceedings and no final map or parcel map shall be filed without first processing a new tentative map. The City Engineer must accept the final map documents as adequate for approval by Council prior to forwarding them to the City Clerk. The date the map shall be deemed filed with the Council is the date on which the City Clerk receives the map. Expiration Date: March 6, 2008 3. Within two years of this approval, all necessary building permits must be obtained and commencement of work/construction shall have occurred or the permit/approval shall become null and void. In addition, if after commencement of work/construction, the work/construction is discontinued for a period of one yeaz, then the permiUapproval shall become null and void. However, approval of the Tract Map/Development Permit does not authorize commencement of construction. All necessary permits must be obtained prior to commencement of specified construction activities included in the Conditions of Approval and Standazd Requirements. 4. The review authority shall ensure that the project complies with all Development Code provisions in effect at the time of the requested extension. review authority may, upon application being filed 30 days prior to the expiration date and for good cause, grant one time extension not to exceed 12 months. The review authority shall ensure that the project complies with all current Development Code provisions. 5. In the event that this approval (including DCA No. OS-06 and GPA No. OS-12) 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 hazmless the City, the Economic Development Agency, the Redevelopment Agency, their affiliates, its officers, agents and employees from any claim, action or proceeding against the City of San Bemazdino. The applicant further agrees to reimburse the City, the Redevelopment Agency and the Economic Development Agency of any costs and attorneys' fees which the City, the redevelopment Agency or the Economic Development Agency may be required by a court to pay as a result of such action, but such participation shall not relive applicant of his or her obligation under this condition. DCA No. OS-06 GPA No. OS-/1 TlM No. /7704 • CUP No. OS-17 Page 1 The costs, salaries, and expenses of the City Attorney and employees of his office shall be considered as "attorneys fees" for the purpose of this condition. As part of the consideration for issuing this permit, this condition shall remain in effect if this Tentative Tract and or Conditional Use Permit is rescinded or revoked, whether or not at the request of applicant. 6. The final map, grading plan, and site improvement plans shall be in substantial conformance with the Tentative Map approved by the Planning Commission. Minor modifications to the plan(s) shall be subject to approval by the Director of Development Services through a minor modification permit process. Any modification which exceeds 10% of the following allowable measurable design/site considerations shall require the re-filing of the original application and a subsequent hearing by the appropriate hearing review authority if applicable: a. On-site circulation and landscaping. b. Placement and/or height of walls, fences and structures. c. Minor lot line adjustments, provided the lot azea of each approved lot shall not be reduced below the minimum lot azea permitted in the Development Code. d. A reduction/increase in density, intensity or number of lots of a development project. e. Reconfiguration or azchitectural features, including colors, and/or modification of the finished materials that do not alter or comprise the previously approved theme. 7. 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 pemvt until a Certificate of Occupancy has been issued by the Development Services Department. A temporary Certificate of Occupancy maybe issued by the Development Services Depaztment subject to the conditions imposed on the use, provided that a deposit is filed with the Development Services Department prior to the issuance of the Certificate. 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. 8. 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; glare control; exterior lightning 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 aze complied with. Any exterior structural equipment, or utility transformers, boxes, ducts or meter cabinets shall be azchitecturalIy • screened by wall or structural element, blending with the building design and include landscaping when on the ground. DCA No. OS-06 GPA No. OS-/2 7TM No. 17704 CUP No. OS-17 Page 3 9. All perimeter block walls (north & west boundaries) shall be decorative both sides (split face, slump stone, etc.) 10. Any security gates/bazs, doors, window bazs shall be installed on the inside of the structure only. Video surveillance equipment installed/used on the exterior shall be painted to match the structure, or treated to blend with the architecture of the development. 11. All exterior lighting shall be energy efficient with the ability to ]ower or reduce usage when the store is closed.• Signage maybe required to be fumed off when the business is closed. 12. If the color of the building or other exterior finish materials aze to be modified, the revised color scheme and/or fuush materials shall be reviewed and approved by the Planning Division prior to commencement of work. 13. 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. 14.The landscape plan shall include one 24" box tree for every four pazking spaces (employee and customer), consistent with the requirements of Section 19.24.060(6)(B) and Chapter 19.28 of the Development Code. 15. No painted window signs, roof signs, permanent sale or come-on signs will be permitted at this site. 16. Signs aze not approved as a pazt of this permit. Prior to establishing any signs, the applicant shall submit an application, and receive approval for a sign permit from the Planning Division. All signage on the site shall be consistent with the provisions of the Development Code. 17. Any change in elevation or building pad height of 6" or more along the perimeter of the tract/pazcel map will require approval by the Planning Commission. Any change in elevation or building pad height of 1' or more within the project site will require approval by the Planning Commission. The applicant's/owner's engineer will certify the elevation of the building pads to the City Engineer, prior to construction of the building foundation. 18. Submittal requirements for permit applications (building, site improvements, landscaping, etc.) to Building Plan Check and/or Public Works/Engineering shall include all Conditions of Approval and Standazd Requirements issued with the Planning approval. DCA No. OS-06 GPA No. OS-11 TTM No. 17704 CUP No. OS-I7 Page 4 19. If cultural or historical remains are found during the development of the site, a qualified azchaeologist shall be notified immediately and empowered to halt construction until adequate data recovery and/or protection measures are implemented. 20. The project is subject to all applicable Mitigation Measures contained in the Mitigation Monitoring/Reporting Program (Attachment G). 21. This permit or approval is subject to the attached conditions or requirements of the following City Departments or Divisions and other public agencies: a. Plan Check Division b. Public Works Division c. Fire Department d. Public Services e. Water Department Amended by the Planning Commission on August 21, 2007. EXHIBIT 4 CITY OF SAN BERNARDINO ~~~~i Development Services Department, Planning Division ~'-' ~ 300 North "E" Street, 3'd Floor San Bernazdino, CA 92418 San Bernar inn Phone (909) 384-5057 • (909) 384-5080 W'eb address: wwwsbcity.org APPLICATION FOR APPEAL APPEAL FROhI A DECISION OF THE (check one) ? Development Services Director ? DevelopmenUEnvironmental Review Committee Planning Commission Case number(s): ~ ~ r r % r ~ ~ ~ uo Project address: i c ~ ~ ~ T n ni P,~ nF=~~ ~ tii e Appellant's name: C-e c .- ~ r 7 ~- ~ ; ,.-• ~ i t~ r- F.r-~~; w C=~V CYO k PARK ~c ~-t` Appellant's address: ~ r rr 1 H ra 1 N ~ Ate/ Vii - v r~ i t 1. n ti T a F c S r k i ~ I ~ Appellant's phone: ! S ~-~ ~ i ~ ~ E'~C~ 7 ` A `j ~~' 70 Appellant's a-mail address: f. ici~ ran.-~ ~~Nk. ~ t~v~r R tF5 c Contact person's name: I i < ti ~ r ~-i ~ E Contact person's address: n rn nv.c v t- Contact person's phone: ~~C-z S~,S C ~~<<; Contact person's a-mail address: t H r~ ~ c C n N K ~ t' ~ 5 ~ ~ ~ c. c nr~i Pursuant to Section 19.52.100 of the Development Code, an appeal must be filed on a City application form .vthin 15 days following the final date of action, accompanied by the appropriate appeal filing fee. Appeals are normally scheduled for a determination by [he Planning Commission or Mayor and Common Council within 30 days of the filing date of the appeal. You will be notified, in writing, of the specific date and t~nme of the appeal hearing. OFFICE IISE ONLY Date appeal filed: Received by: 1 i voa REQUIRED INFORMATION FOR AN APPEAL i Specific action being appealed and the date of that action: nF i a t_ ot-= ~ v u ~ + T or.t A L L"ib JERM IT No C'~> - ~ 7 ON ruF~, nc.~ Al F V` r Z1~ 2001' Specific grounds for the appeal: PLY n ; ~ -> ~ c A z i n ~ +-I c- t7 MF M r~ Action sought: A+'+'1 : ~>t.~. ~~F ~c•tiu+ r ioo,In~_ N rat i 1 N <<, -1_I Additional information: ~S~gnature of appellant: ~ - Date: I Z iiroa 1 s.~ ~ • ¦ August 23, 2007 Honorable Mayor and Members of the Common Council City of San Bernardino 300 North 'D' Street San Bernardino, CA 92418 Re: Appeal of Planning Commission Dedsion Conditional Use Permit No. 05-17 (Amendment To Conditions No. 07-03) Dear Honorable Mayor Morris and Members of the Common Council: In accordance with the City of San Bernardino Development Code Chapter 19.52 • Hearings and Appeals we are hereby filing an appeal of the Planning Commission decision for the Amendment To Conditions application No. 07-03. The basis for filing this appeal is as follows: 1. The Planning Commission did not fully consider the merit of the request and the information contained in the technical information and staff re ort P prepared by city staff in rendering their decision. 2. The Planning Commission stated that the proposed amendment to conditions issue in and of itself should be reviewed and decided upon by the Mayor and Common Council. Quote "this matter should be kicked up stairs" for a final consideration. 3. The Planning Commission stated that financial circumstances and current real estate "marketability" of the project were not sufficient circumstances to consider adopting the language proposed by the amendment. 4. One of the Planning Commissioners stated that he was unfamiliar with the project, the circumstances involving the pending request and felt unprepared to render an opinion on the matter (although he seconded the motion to deny and cast a 'no vote'). Although there were other statements and opinions rendered during the public • hearing testimony, there was no public comments objecting to the proposed amendment language or conditions of approval presented by the Development Services Department. PAGE 1 OF 2 As such, we respectfully request that this matter be scheduled for the next available meeting of the Mayor and Common Council for their consideration. We will provide further information and justification in support of this matter both prior to and at the time and date of public hearing. It is our request that the Mayor and Common Council consider the facts and merits of the proposed amendment language and overturn the Planning Commissions decision and grant approval of Amendment to Conditions Application No.07-03 subject to the recommended conditions of approval. Thank you for your consideration and prompt attention to this matter. Sincerely, George J dan Vice President Meadowbrook Park Lofts. LLC. • PAGE 2 OF 2 CITY OF SAN BERNARDINO DEPARTMENT OF DEVELOPMENT SERVICES RECEIPT Activity#:AP07-05 Appeal SITE ADDRESS: 150 E 3RD ST SB PARCEL: 0135-181-66-0000 RECEIVED FROM: Meadowbrook Park Lofts RECEIPT NUMBER: 807006955 TRANSACTION DATE: 08/27f2007 TOTAL PAYMENT: 1,652.00 TOTAL PAID FROM TRUST: .00 TOTAL PAID FROM CURRENCY: 1,652.00 TRANSACTIONS: Type Method Description Amount Payment Check 1188 1,652.00 TOTAL: 1,652.00 ACCOUNT ITEMS: Description Account Code Current Pmts Appeal to MCC-All Others 001-000-4710 1,650.00 Archival Fee 001-000-4789 1.00 Archival Fee Documents 001-000-4789 1.00 TOTAL: 1,652.00 RECEIPT ISSUED BY: GMB INITIALS: LB ENTERED DATE: 08/27/2007 TIME: 10:19 AM