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HomeMy WebLinkAbout28A-Development Services ORIGINAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subject: Findings of Fact for denial of Dept: Development Services Development Permit 3 No. 06-14—A request to construct a 3-story, 93-unit senior housing Date: December 18, 2007 complex at the northwest corner of Medical Center Drive and 16th Street in the CO, Commercial Office land use district. MCC Date: January 7, 2008 Synopsis of Previous Council Action: December 17, 2007: The Mayor and Common Council granted an appeal of the Planning Commission approval of Development Permit 3 No. 06-14 and continued the item to adopt findings of fact for denial of the Development Permit. Recommended Motion: That the Mayor and Common Council adopt the Findings of Fact for denial of Development Permit 3 No. 06-14. Valerie C. Ross Contact Person: Aron Liang Phone: 384-5057 Supporting data attached: Staff Report Ward: 6 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct No.) Finance: Council Notes: lee,//aus #�� �� i7 U Agenda Item No. / 7 0 � CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: Findings of Fact for denial of Development Permit 3 No. 06-14 —A request to construct a 3-story, 93-unit senior housing complex at the northwest corner of Medical Center Drive and 16th Street in the CO, Commercial Office land use district. BACKGROUND At their meeting of December 17, 2007, after hearing from the appellant and other local residents, as well as the applicant and applicant's representatives, the Mayor and Common Council granted Appeal No. 07-04, an appeal of the Planning Commission's approval of Development Permit 3 No. 06-14. In so doing, the Mayor and Council denied the Development Permit in concept. The item was continued to the next meeting, to allow staff to prepare Findings of Fact to support the intended action of the Mayor and Council, based on the analysis expressed during the appeal hearing. Section 19.44.060 of the Development Code states that all of the eight required Findings of Fact must be made to approve a Development Permit. Based on the discussion and comments of a majority of the Common Council at the appeal hearing, Findings 1, 3, and 8 cannot be made. Therefore, Development Permit No. 06-14 should be denied. FINDINGS OF FACT FOR DENIAL 1) Is the proposed development permitted within the subject zoning district and does it comply with all of the applicable provisions of the Development Code, including prescribed site development standards and any/all applicable design guidelines? Senior housing is permitted in the CO, Commercial Office land use district, at a maximum density of 47 dwellings per acre. Although the proposed project conforms to the maximum permitted density, it does not comply with the lot coverage standard of 50% building coverage. The approval recommendation of the staff and Planning Commission relied on an interpretation of this Code requirement that is not accepted by the Common Council. Structural coverage of the site, including the parking structure and buildings as proposed would be 65%, which exceeds the 50% maximum standard prescribed in the Development Code. 3) Is the proposed development harmonious and compatible with existing and future developments within the land use district and general area, as well as the land uses presently on the subject property? The proposed development would not be harmonious and compatible with existing development in the surrounding area. The massing of the building, including the podium- style development above the parking deck and the 3-story architecture would not be consistent with the character of existing low-density residential development in the area. 8) The location, size design and operating characteristics of the proposed development would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. The size, design and operating characteristics of the proposed development would be detrimental to the public interest, safety and general welfare. The enclosed design of the parking area would be an indefensible space, hazardous to public safety. The intensity of development would generate excessive traffic at the proposed location, and the proposed right-in, right-out access on 16`" Street would be inadequate for safe and convenient public access. The proposed security and management plan is not adequate to compensate for these design deficiencies, to ensure the safety of residents and the public. FINANCIAL IMPACT None. RECOMMENDATION That the Mayor and Common Council adopt the Findings of Fact for denial of Development Permit 3 No. 06-14. CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION From: Valerie C. Ross,Director Subject: Appeal of the Planning Commission Dept: Development Services approval of Development Permit 3 No. 06-14 to construct a 3-story, 93-unit senior housing complex at the northwest corner of Medical Center Drive and 16th Street in the CO, Commercial Office land use district. Date: November 26, 2007 MCC Date: December 17, 2007 Svnopsis of Previous Council Action: None Recommended Motion: That the hearing be closed and that the Mayor and Common Council deny the appeal and uphold the Planning Commission's approval of Development Permit 3 No. 06-14,based upon Findings of Fact contained in the Planning Commission Staff Report dated July 3, 2007, subject to the Conditions of Approval, Standard Requirements (Exhibit 2). Alternative Motion: That the hearing be closed and that the Mayor and Common Council grant Appeal No. 07-04 and deny Development Permit No. 06-14 in concept and continue to the next meeting to allow Development Services to bring revised Findings of Fact to the Council. Valerie C. Ross Contact person: Aron Liang, Senior Planner Phone: 384-5057 Supporting data attached: Staff Report Ward(s): 6 FUNDING REQUIREMENTS: Amount:N/A Source: (Acct. No.) (Acct. Description) Finance: n Council Notes: 1-7/077 Agenda Item No. 9 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: DEVELOPMENT PERMIT 3 NO. 06-14 (Appeal No. 07-04) Owner: Applicant: Appellant: Inland Desert Investment Ricky Torres Lola Lee 30700 E Sunset Drive S Global Premier Development 1578 W. Gilbert Street Redlands, CA 92370 5 Park Plaza, Suite 980 San Bernardino, CA 909.794.0411 Irvine, CA 92614 909.889.4667 949.222.9119 BACKGROUND Development Permit 3 No. 06-14 is a request to construct a 3-story, 93-unit senior housing complex with a recreation building on approximately 2 acres of land located at the northwest corner of Medical Center Drive and 16th Street in the CO, Commercial Office land use district. At its meeting on July 17, 2007, the Planning Commission opened the public hearing and received public testimony on the subject matter. Councilman Rikke Van Johnson spoke against the proposed project stating that the proposal did not meet all of the requirements in the Development Code and that the proposed project would increase traffic and that the Planning Commission should deny it. One of the Councilman's concerns about Code compliance was the staffs interpretation of the lot coverage standard in the Development Code. The project includes a garden built on a deck above the parking. Because the deck provides usable open space, staff did not count that area as building coverage. However, the deck is a structure, and the Code defines building coverage as the portion of the property covered by a structure. There were seven other speakers voicing opposition to the proposed project including Mr. Phillip Moreno, who spoke on behalf of the Northwest Redevelopment Project Area Committee (PAC) stating that the members were concerned with the lot size and recreation area. Mrs. Betty Dean Anderson also spoke and indicated that the proposed project would not be compatible with the surrounding area. The speakers in opposition generally commented on the size of the lot, the size of the building, the intensity of the use and its incompatibility with other senior housing in the area. Speakers questioned the size of the recreation facility, adequacy of the amenities and several said that the seniors would have a hard time exiting a 3-story building in case of an emergency. Mr. Randolph Riley, member of the Northwest PAC, spoke in favor of the proposed project stating that the project plan had been submitted to Northwest PAC committee members at previous meetings and the committee voted to approve the project. Mr. Riley stated that it was a good project that is needed in the community. Appeal No. 07-04 DP3 No. 06-14 Hearing Date:December 17, 2007 Page 2 Mr. Ricky Torres, applicant, and Mr. Ben Seeger with KTGY Group elaborated on the proposed project and clarified the size of the building, architectural features, size of recreation facility, amenities, and exiting requirements in case of an emergency. The applicant also agreed to modify the project description with added amenities for the recreation facility, added security cameras for the building, increased area for the recreation facility, and a revised on-site maintenance schedule requested by the Planning Commission. After considerable discussion, Commissioner Longville made a motion to deny the proposed project. Commissioners Longville, Mulvihill and Rawls voted to deny the project and Commissioners Coute, Dailey, Durr, Heasley, Munoz, and Sauerbrun voted against the motion. Commissioner Hawkins was absent. The motion to deny Development Permit 3 No. 06-14 failed by a 3-6 vote. Subsequent to the failed motion, Commissioner Coute made a motion to approve the proposed project. Commissioners Coute, Dailey, Durr, Heasley, Munoz, and Sauerbrun voted in favor of the motion and Commissioners Longville, Mulvihill and Rawls voted against the motion. The Planning Commission voted by a majority of 6-3 to approve Development Permit 3 No. 06-14. On July 31, 2007, Mrs. Lola Lee filed an appeal to the Mayor and Common Council asking that the Mayor and Common Council overturn the decision of the Planning Commission. The details of the appeal are in Exhibit 3. FINANCIAL IMPACT None. The appellant paid the filing fees for the appeal. CONCLUSION The Planning Commission approved Development Permit 3 No. 06-14 based on the Findings of Facts contained in Section 19.44.060 of the Development Code, as addressed in the Planning Commission Staff Report dated July 3, 2007. RECOMMENDATION That the hearing be closed and that the Mayor and Common Council uphold the Planning Commission's approval of Development Permit 3 No. 06-14,based upon Findings of Fact contained in the Planning Commission Staff Report dated July 3, 2007, subject to the Conditions of Approval and Standard Requirements (Exhibit 2). ALTERNATIVE MOTION: That the hearing be closed and that the Mayor and Common Council grant Appeal No. 07-04 and deny Development Permit No. 06-14 in concept and continue to the next meeting to allow Development Services to bring revised Findings of Fact to the Council. Appeal No. 07-04 DP3 No. 06-14 Hearing Date:December 17, 2007 Page 3 EXHIBITS: 1 Location Map 2 Planning Commission Staff Report dated July 3, 2007 3 Appeal Application Dated July 31, 2007 EXHBIT 1 CITY OF SAN BERNARDINO PROJECT: DP3 06-14 (AP 07-04) PLANNING DIVISION LOCATION MAP NORTH LAND USE DISTRICTS HEARING DATE: 12,17,07 E — r P 1 = "Tt LLL I [L I i ae 5TH ifn 6ernrdin . ?ft EXHIBIT 2 SUMMARY CITY OF SAN BERNARDINO PLANNING DIVISION CASE: Development Permit 3 No. 06-14 AGENDA ITEM: 1 HEARING DATE: July 3, 2007 " WARD: 6 OWNER: APPLICANT: Inland Desert Investment Ricky Torres 30700 East Sunset Drive, S Global Premier Development Redlands, CA, 92370 5 Park Plaza, Suite 980 909.794.0411 Irvine, Ca 92614 949.222.9119 REQUEST/LOCATION: The applicant requests approval of a Development Permit 3 to construct a 3-story, 93-unit senior housing complex with a recreation building on approximately 1.98 acres of land located at the northwest corner of Medical Center Drive and 16`x' Street in the CO-1, Commercial Office land use district. CONSTRAINTS/OVERLAYS: None ENVIRONMENTAL FINDINGS: ❑ Not Applicable ■ Exempt, Section 15332, Infill Development • No Significant Effects • Potential Effects, Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program STAFF RECOMMENDATION: • Approval • Conditions • Denial • Continuance to: DP3 No. 06-14 July 3, 2007 Page 2 PROJECT DESCRIPTION The applicant requests approval of a Development Permit 3 under authority of Development Code Section 19.06.020, Table 06.01 (G)(7)to construct a 72,000 square foot, three-story, 93-unit senior citizen housing complex w ith a recreation building on approximately 1.98 acres of land. The proposed project is located at the northwest corner of Medical Center Drive and 16`h Street in the CO-1, Commercial Office land use district(Attachment A). The project site consists of two separate parcels and is approximately 1.98 acres. The proposal has been designed as a 3-story building with podium parking on the ground level, 31 units on the first floor, 31 units on the second floor and 31 units on the third floor. All three floors contain similar layouts with each floor providing a lounge, a laundry room and two lobby areas. The first floor provides podium deck open space and access to the recreation building. The podium deck will be a landscaped terrace for the seniors (Attachment B). The proposed senior project offers four unit types with two options for a one-bedroom and two options for a two-bedroom. The one-bedroom offers Plan IA with 538 sq.ft. and Plan 1B with 554 sq.ft. The two-bedroom offers Plan 2A with 751 sq.ft. and Plan 2B with 795 sq.ft. Each unit has a living room, kitchen, bedroom and bathroom and will be plumbed and wired for a washing machine and dryer. The following are floor plan details and planned distribution: Plan 1 A: 69 units Plan 1 B: 12 units Plan 2A: 9 units Plan 213: 3 units TOTAL: 93 units First Floor: Plan I = 23 units Plan 1B =4 units Plan 2A= 3 units Plan 2B = 1 units Second Floor: Plan 1 A = 23 units Plan 1 B =4 units Plan 2A= 3 units Plan 2B = 1 units Third Floor: Plan 1 A =23 units Plan 1 B =4 units Plan 2A = 3 units Plan 2B = 1 units TOTAL: 69 units 12 units 9 units 3 units The proposal accommodates 165 parking stalls and the parking for the residents will be gated with automated security sliding gates. In addition to access control, on-site security includes lighting, cameras with a monitoring service, and other features outlined in the Security Plan (Attachment E). The project proposes one main entrance to the site on 16`h Street and two gated emergency driveways on 16`h Street and on Medical Center Drive. A 6-foot decorative block wall with pilasters will be constructed along the westerly and northerly property boundaries. The proposed project will provide additional senior housing opportunities for the City's growing senior population as well as additional senior program activities on-site. The structure will be wood-frame/stucco construction with concrete roof tile. The new building features window treatments and other variations in structure styles, ranging from traditional architectural columns to contemporary features with complementary finishes. SUMMARY CITY OF SAN BERNARDINO PLANNING DIVISION CASE: Development Permit 3 No. 06-14 AGENDA ITEM: 1 HEARING DATE: July 3, 2007 WARD: 6 OWNER: APPLICANT: Inland Desert Investment Ricky Torres 30700 East Sunset Drive, S Global Premier Development Redlands, CA, 92370 5 Park Plaza, Suite 980 909.794.0411 Irvine, Ca 92614 949.222.9119 REQUEST/LOCATION: The applicant requests approval of a Development Permit 3 to construct a 3-story, 93-unit senior housing complex with a recreation building on approximately 1.98 acres of land located at the northwest corner of Medical Center Drive and 16`h Street in the CO-1, Commercial Office land use district. CONSTRAINTS/OVERLAYS: None ENVIRONMENTAL FINDINGS: ❑ Not Applicable ■ Exempt, Section 15332, Infill Development ❑ No Significant Effects ❑ Potential Effects, Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program STAFF RECOMMENDATION: • Approval • Conditions ❑ Denial 11 Continuance to: DP3 No. 06-14 July 3, 2007 Page 2 PROJECT DESCRIPTION The applicant requests approval of a Development Permit 3 under authority of Development Code Section 19.06.020,Table 06.01 (G)(7) to construct a 72,000 square foot, three-story, 93-unit senior citizen housing complex with a recreation building on approximately 1.98 acres of land. The proposed project is located at the northwest corner of Medical Center Drive and 16`h Street in the CO-1, Commercial Office land use district (Attachment A). The project site consists of two separate parcels and is approximately 1.98 acres. The proposal has been designed as a 3-story building with podium parking on the ground level, 31 units on the first floor, 31 units on the second floor and 31 units on the third floor. All three floors contain similar layouts with each floor providing a lounge, a laundry room and two lobby areas. The first floor provides podium deck open space and access to the recreation building. The podium deck will be a landscaped terrace for the seniors (Attachment B). The proposed senior project offers four unit types with two options for a one-bedroom and two options for a two-bedroom. The one-bedroom offers Plan IA with 538 sq.ft. and Plan 1B with 554 sq.ft. The two-bedroom offers Plan 2A with 751 sq.ft. and Plan 2B with 795 sq.ft. Each unit has a living room, kitchen, bedroom and bathroom and will be plumbed and wired for a washing machine and dryer. The following are floor plan details and planned distribution: Plan 1 A: 69 units Plan 1B: 12 units Plan 2A: 9 units Plan 2B: 3 units TOTAL: 93 units First Floor: Plan I =23 units Plan 1B = 4 units Plan 2A= 3 units Plan 2B = 1 units Second Floor: Plan 1 A = 23 units Plan 1 B = 4 units Plan 2A= 3 units Plan 2B = 1 units Third Floor: Plan lA=23 units Plan 1 B =4 units Plan 2A=3 units Plan 2B = 1 units TOTAL: 69 units 12 units 9 units 3 units The proposal accommodates 165 parking stalls and the parking for the residents will be gated with automated security sliding gates. In addition to access control, on-site security includes lighting, cameras with a monitoring service, and other features outlined in the Security Plan (Attachment E). The project proposes one main entrance to the site on 16`h Street and two gated emergency driveways on 16`h Street and on Medical Center Drive. A 6-foot decorative block wall with pilasters will be constructed along the westerly and northerly property boundaries. The proposed project will provide additional senior housing opportunities for the City's growing senior population as well as additional senior program activities on-site. The structure will be wood-frame/stucco construction with concrete roof tile. The new building features window treatments and other variations in structure styles, ranging from traditional architectural columns to contemporary features with complementary finishes. DP3 No. 06-14 July 3, 2007 Page 3 I SETTING/SITE CHARACTERISTICS The project site is currently vacant and relatively flat. Surrounding the property to the west abutting the site is a senior housing complex in the CO, Commercial Office land use district. To the north and south and abutting the site are commercial uses in the CO district. To the east across Medical Center Drive is a vacant lot in the CO district. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) The proposed project is exempt from the California Environmental Quality Act (CEQA) requirements pursuant to Section 15332 of the State Guidelines, for in-fill development projects that can be adequately served by all required utilities and public services. The site is disturbed and located in an urbanized area. No significant impacts on environmental or natural resources are anticipated. BACKGROUND The Development/Environmental Review Committee (D/ERC) initially reviewed the proposal on September 21, 2006. The proposal was continued twice to allow sufficient time for the applicant to revise the plans to address on-site security, site circulation, street dedication, and other requirements including architectural elevations. The applicant has redesigned the project to resolve concerns cited by the D/ERC. On June 14, 2007, the D/ERC determined that the revised plan was adequate and moved the project to the Planning Commission. FINDINGS AND ANALYSIS 1. Is the proposed development permitted within the subject zoning district and does it comply with all of the applicable provisions of the Development Code, including prescribed development/site standards and any/all applicable design guidelines? Pursuant to Development Code Section 19.06.030 (2)(S), senior housing project is a permitted use in the CO, Commercial Office land use district, subject to approval of a Development Permit. The proposed project complies with all applicable provisions of the Development Code and General Plan as noted in Table A: DP3 No. 06-14 July 3, 2007 Page 4 TABLE A— Development Code/General Plan Conformance CATEGORY PROPOSAL DEVELOPMENT GENERAL PLAN CODE Permitted Use Senior Citizen/Congregate Permitted subject to Consistent Care Housing Development Permit Height 52 feet maximum 52 feet maximum N/A Setbacks - Front 15 feet 15 feet N/A - Side 10 feet 10 feet N/A - Rear 10 feet 10 feet N/A - Side Street 10 feet 10 feet N/A Open space 39,000 square feet - Total 45% 26,000 square feet N/A 30% Lot Coverage 30%(*) o N/A 50/o Parking - Standard 107 spaces 108 spaces N/A - Handicap 4 spaces 3 spaces Density 47 du/ac 47 du/ac N/A Unit Size 1 bedroom 538 - 554 sq. ft. 510 sq. ft. N/A - 2 bedroom 751 - 795 sq. ft. 700 sq. ft. (*) The project provides podium parking. Lot coverage including the deck structure is 65%,but the deck will provide useable open space, effectively reducing coverage. 2. Is the proposed development consistent with the General Plan? General Plan Policy 3.1.1 states: "Encourage the development of senior housing in all areas of the city " This proposal will provide accessible senior housing opportunities in the western portion of the city. While housing costs have increased steadily in recent years, affordable housing for seniors has diminished rapidly. The proposed project will provide additional senior housing opportunities for the city's growing senior population as well as additional senior program activities on-site. DP3 No. 06-14 July 3, 2007 Page 5 3. Is the proposed development harmonious and compatible with existing and future developments within the land use district and general area, as well as the land uses presently on the subject property? The proposed development will be harmonious and compatible with existing and future developments within the land use district and general area. The scale of the proposed development is similar to that of the existing development in this area. The project site is located in the CO district that permits the development of senior housing. Since the proposal is consistent with both the General Plan and Development Code, no land use conflict impacts will result from the construction and operation of the proposed facility. 4. Is approval of the Development Permit for the proposed development in compliance with the requirements of the California Environmental Quality Act (CEQA) and Section 19.20.030(6) of the Development Code? The proposed project is exempt from the CEQA requirements per §15332 for infill development projects. All grading and constriction activities will be implemented and monitored in accordance with Public Works standard requirements to ensure that the project would not cause any substantial adverse construction impacts. 5. Will there be potential significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored? As noted in Finding No. 4, this project complies with CEQA and Development Code requirements. No significant impacts requiring mitigation are anticipated. 6. Is the subject site physically suitable for the type and density/intensity of use being proposed? The site is physically suitable for the type and density/intensity of the project being proposed. The proposed project complies with Development Code/General Plan Conformance Standards as defined in Table A and Development Code Section 19.04.030(2)(Q) Senior Citizen/Congregate Care Housing Design Standards. The project will not create significant noise, traffic, or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity or adverse to the public interest, health, safety, convenience or welfare of the City. The project exceeds applicable landscaping requirements. The Traffic Division has reviewed the proposal and has determined that the main entrance is adequate to allow sufficient stacking, and additional vehicle trips resulting from the proposed project will not cause any significant impact for this area. Therefore, a traffic study was not required for the project. DP3 No. 06-14 July 3. 2007 Page 6 7. Are there adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety? All agencies responsible for reviewing access and providing water, sanitation and other public services 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. CONCLUSION The proposal meets all necessary Findings of Fact for approval of Development Permit 3 No. 06-14. RECOMMENDATION Staff recommends that the Planning Commission approve Development Permit 3 No. 06-14 based upon the Findings of Fact contained in this Staff Report and subject to the Conditions of Approval (Attachment C) and Standard Requirements (Attachment D). Respectfully Submitted, C1�1-1 Valerie C. Ross Director of Development Services on ang Senior Planner Attachment A Location Map Attachment B Site Plan/Floor Plans/Elevations/Conceptual Landscape Plan Attachment C Conditions of Approval Attachment D Standard Requirements Attachment E On-site Management Security Plan ATTACHMENT A CITY OF SAN BERNARDINO PROJECT: DP3 NO. 06-06 PLANNING DIVISION LOCATION MAP NORTH LAND USE DISTRICTS HEARING DATE: 07.03.2007 I � I 'I :F ff JT � I r!' PRO�ECS S��E Ti I - i i I _ I I Ili;t_Il;, 1� `�:if"� ff1 lf�If1J P-1 -24 I Ali ATTACHMENT B Hill�J maw � � � _� � • FY-���9 � 1 gigso ul ags� � a � Y /� dAJOU tldL.VdJ IVJIUdW W •� Q o < r a 1 � N Z QQ s I ;I s � D i E 06 d� d �lj� � � � ••� i kid Axed Ph Hill a r---- ------------�\1 I ITi 1� i i o ' I y l i I I I , , I i �. I \� �• I I � y I c ——————— — ——----------- — -- _ O l ='1y w W„�w 6 p� x Q Q Q Q a a Q m m a m 0 oq G � .'y C � e a � U iw (� Q �+ Q _Q a a � Q Q Q FF a J m O �r_� o o \7/ — ' 3 Z �j I I' i a 4W ., ----- ------ -- r ^ 1 0 O WQ V I�1i y (y N N (: O �I y ry� � W Q r Q Q Q a Q Q a Z Z x W V8 O c x � J6�F V e O 13 .. Eu 1 s i i I o C ao > Qs � � o O V o QI Mri N a i i, I� Z 1 F w W a z y o` J W 7 W a�X W,�A= i E i � ag o0 a � Li N N Q C O U o d 0 co N Fy N O y pq z � Ge a ----- -- J � x F d w c y J w w 0 VI; }e-•f 11 x r H - - k � ws lb V rn 0 b 4 ^ � N a EMS O 0 r I II Iv - Ef Ing Z x x i y 0 J 41 I O m8 A_ w m FH M I EM - � I I i f rill _ - a o U ° V O E13 z �� p p m all U a l EJI; f� II i - w � s y `o w w O w�a �3. x � S _ s f 1 h i k' AftkAft O--� w CL ) _ W O_ J WWI Q ��e J � cr 0-W Q z z w _�. _ __._ C)o 5z 0E:5U ATTACHMENT C CONDITIONS OF APPROVAL Development Permit 3 No. 06-14 1. This approval is for construction of a 3-story, 93-unit senior housing complex with a recreation building on approximately 1.98 acres of land located at the northwest corner of Medical Center Drive and 16th Street in the CO-1, Commercial Office land use district. 2. Within two years of development approval, commencement of construction shall have occurred or the permit/approval shall become null and void. In addition, if after commencement of construction, work is discontinued for a period of one year, then the permit/approval shall become null and void. However, approval of the 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 Standard Requirements. Expiration Date: July 3, 2009 3. The review authority may, upon application being filed 30 days prior to the expiration date and for good cause, grant a one-time extension not to exceed 12 months. The review authority shall ensure that the project complies with all current Development Code provisions. 4. In the event this approval is legally challenged, the City will promptly notify the applicant of any claim, action or proceeding and will cooperate fully in the defense of this matter. Once notified, the applicant agrees to defend, indemnify and hold harmless the City of San Bernardino (City), the Economic Development Agency of the City of San Bernardino (EDA), any departments, agencies, divisions, boards or commission of either the City or EDA as well as predecessors, successors, assigns, agents, directors, elected officials, officers, employees, representatives and attorneys of either the City or EDA from any claim, action or proceeding against any of the foregoing persons or entities. The applicant further agrees to reimburse the City of any costs and attorneys' fees which the City may be required by a court to pay as a result of such action, but such participation shall not relieve applicant of his or her obligation under this condition. The costs, salaries, and expenses of the City Attorney and employees of his office shall be considered as "attorneys fees" for the purpose of this condition. Conditions of Approval DP3 No. 06-14 July 3, 2007 Page 2 As part of the consideration for issuing this permit, this condition shall remain in effect if this Development Permit is rescinded or revoked, whether or not at the request of applicant. 5. Construction shall be in substantial conformance with the plan(s) approved by the Director, Development Review Committee, Planning Commission or Mayor and Common Council. Minor modification to the plan(s) shall be subject to approval by the Director through a minor modification permit process. Any modification which exceeds 10% of the following allowable measurable design/site considerations shall require the refiling of the original application and a subsequent hearing by the appropriate hearing review authority if applicable: a. On-site circulation and parking, loading and landscaping; b. Placement and/or height of walls, fences and structures; c. Reconfiguration of architectural features, including colors, and/or modification of finished materials that do not alter or compromise the previously approved theme; and, d. A reduction in density or intensity of a development project. 6. No vacant, relocated, altered, repaired or hereafter erected structure shall be occupied or no change of use of land or structure(s) shall be inaugurated, or no new business commenced as authorized by this permit until a Certificate of Occupancy has been issued by the Department. A temporary Certificate of Occupancy may be issued by the Department subject to the conditions imposed on the use, provided that a deposit is filed with the Department of Public Works prior to the issuance of the Certificate, if necessary. The deposit or security shall guarantee the faithful performance and completion of all terms, conditions and performance standards imposed on the intended use by this permit. 7. 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 p other forms of air pollution; glare control; exterior lighting design and control; noise control; odor control; screening; signs, off-street parking and off-street loading; and, vibration control. Screening and sign regulations compliance are important considerations to the developer because they will delay the issuance of a Certificate of Occupancy until they are complied with. Any exterior structural equipment, or utility transformers, boxes, ducts or meter cabinets shall be architecturally screened by wall or structural element, blending with the building design and include landscaping when on the ground. 8. The residential occupancy shall be limited to single persons over 60 years of age or married couples of which one spouse is over 60 years of age and shall be recorded as a restriction on the deed. Conditions of Approval DP3 No. 06-14 July 3, 2007 Page 3 9. The security plan included herein as Attachment E shall be incorporated as part of the Conditions of Approval. 10. All landscaped areas within the setbacks abutting Medical Center Drive and 16th Street shall incorporate turf and shall be maintained on a weekly basis. 11. (*) The project applicant shall be responsible for regular maintenance of the project site. Regular maintenance shall include miscellaneous on-site repairs including and not limited to lighting, landscaping painting etc. and repaired within 24-hours Vandalism, graffiti, trash and debris shall be removed and cleaned up within 24 hours. 12. If the color of the building is to be modified, the revised color scheme shall be reviewed and approved by the Planning Division prior to painting. 13. All block walls shall be constructed of slump stone or split face block. Both sides of the wall (above ground) shall have the decorative finish. 14. This approval shall comply with the requirements of other outside agencies (i.e., San Bernardino County Health Department, Division of Environmental Health Services, and California Board of Equalization), as applicable. 15. 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. 16. The applicant shall post a bond in an amount equivalent to the cost of landscaping including landscape installation and one year of maintenance service. The purpose of the bond is to ensure that all landscaping survives the planting process and last for a period of at least one-year. The bond will be released no sooner than one-year after issuance of the Final Certificate of Occupancy and only after such time as the survival of the landscaping has been verified by City staff. 17. Construction-related activities shall not occur between the hours of 7 pm and 7 am. No construction vehicles, equipment, or employees may be delivered to, or arrive at the construction site before 7 am or leave the site after 7 pm. Construction activities shall only occur Monday through Saturday. 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. Conditions ojApproval DP3 No. 06-14 July 3, 2007 Page 4 19. M The applicant shall provide at least 15% of the dwelling units in the development at affordable housing cost to persons and families of low or moderate income and such units shall be occupied by these persons or families in compliance with Health and Safety Code Chapter 4 Article 9 Section 33413(b)(2)(A)(I) 20 (*) The recreation building shall be designed to accommodate assembly occupancy up to 145 people. 21. No final Certificate of Occupancy shall be issued until all conditions of approval have been completed. 22. This permit or approval is subject to the attached conditions or requirements of the following City Departments or Divisions: a. Plan Check Division b. Public Works C. Fire Department d. Public Services e. Water Department (*) Amended by the Planning Commission on July 17, 2007 ATTACHMENT D City of San Bernardino STANDARD REQUIREMENTS San Bernar In0 Development Services/Plan Check Division w Property address: DRC/CUP/DP: t> 3 DATE: �• � � NOTE; NO PLANS WILL BE ACCEPTED FOR PLAN CHECK WITHOUT CONDITIONS OF APPROVAL IMPRINTED ON PLAN SH Submit 6 sets of plans, minimum size 1 �- SETS, expeditious review, submit 6 sets. The plans shall anclu o scale. If plan check is for l a. site plan (include address & assessors parcel umbelr)applicable): b. foundation plan C. floor plan (label use of all areas) d. elevations e. electrical, mechanical, & plumbing plans f. detail sheets (structural) g. cross section details h. show compliance with Title 24/Accessibility (disabled access) i. a plan check deposit fee will be required upon submittal of plans. Call Development Services (plan check) 909-384-5071 for amount. 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 stamped/wet signed calculations prepared by a licensed architect/engineer. 4. Provide 2 sets of Title 24/Energy compliance forms and calculations. Some compliance forms are required to be printed on the plans. 300 N 'D' Street San Bernardino CA 92418 909-384-5071 Office 909-384-5080 Fax 5. Submit grading, site, and/or landscape plans to Public Works/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 of ownership. NOTE: PLAN CHECK TIME ON THESE TYPES OF PROJECTS IS APPROXIMATELY 4-6 WEEKS FOR 1ST CORRECTIONS. EXPEDITIOUS REVIEW IS APPROXIMATELY 10 WORKING DAYS. THE DEVELOPMENT REVIEW PROCESS IS NOT THE BUILDING PLAN CHECK AND DOES NOT IMPLY THAT THE DESIGN AS SUBMITTED WILL BE APPROVED WITHOUT CORRECTIONS. Comments: 300 N `D' Street San Bernardino CA 92418 909-384-5071 Office 909-384-5080 Fax ATTACHMENT D CITY OF SAN BERNARDINO Development Services Department — Public Works Division Standard Requirements Description: A request to construct a 3-story, 1-2893-unit senior house complex on approximately 1.98 acres of land Applicant: Ricky Torres Location: Northeast corner of Medical Center Drive and 16th Street Case Number: DP 3 06-14 1. Drainage and Flood Control a) A local drainage study will be required for the project. Any drainage improvements, structures or storm drains needed to mitigate downstream impacts or protect the development shall be designed and constructed and right-of-way dedicated as necessary at the developer's expense. b) 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. c) A Water Quality Management Plan (WQMP) is required for this project. The applicant is directed to the City's web page at www.ci.san-bernardino.ca.us — Departments — Development Services — Public Works for templates to use in the preparation of this plan. d) A Storm Water Pollution Prevention Plan (SWPPP) will be required. The applicant is directed to the City's web page at www.ci.san- bernardino.ca.us — Departments — Development Services — Public Works for templates to use in the preparation of this plan. e) The City Engineer prior to issuance of a grading permit shall approve the WQMP and the SWPPP. Project: 3-story, Q,993-unit senior house complex on approximately 1.98 acres Case No. DP 3 06-14 Page 2 of 7 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 (including the project area, construction yards, storage areas, etc.). 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 Landscapinq a) The site/plot/grading and drainage plan shall be signed by a Registered Civil Engineer and a grading permit will be required. The grading plan shall be prepared in strict accordance with the City's "Grading Policies and Procedures" and the City's "Standard Drawings", unless otherwise approved by the City Engineer. b) If more than 5 trees are to be removed from the site, a tree removal permit conforming to the requirements of Section 19.28.090 of the Development Code shall be obtained from the Department of Development Services-Planning Division prior to issuance of any grading or site development permits. c) If more than 5,000 cubic yards of earthwork is proposed, a grading bond will be required and the grading shall be supervised in accordance with Section 3317.2 of the California Building Code. d) If more than 1,000 cubic yards of earth is to be hauled on City Streets then a special hauling permit shall be obtained from the City Engineer. Additional conditions, such as truck route approval, traffic controls, bonding, covering of loads, street cleaning, etc. may be required by the City Engineer. e) An on-site Improvement Plan is required for this project. Where feasible, this plan shall be incorporated with the grading plan and shall conform to all requirements of Section 15.04-167 of the Municipal Code (See "Grading Policies and Procedures"). f) Wheel stops are not permitted by the Development Code, except at designated accessible 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 may be 165 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. (11)(, ; VIL­ hang ar.L<X`ALS--I':remp\DP 3 06-14 DB dcxsi�-Rtiblie tax +ci E' 044"4-13 Woc I 07125/0707/19,1071 Project: 3-story,4 :�y 3-unit senior house complex on approximately 1.98 acres Case No. DP 3 06-14 Page 3 of 7 g) Continuous concrete curbing at least 6 inches high and 6 inches wide shall be provided at least 3 feet from any wall, fence, property line, walkway, or structure where parking and/or drive aisles are located adjacent thereto. Curbing may be left out at structure access points. The space between the curb and wall, fence, property line, walkway or structure shall be landscaped, except as allowed by the Development Review Committee. h) The number, size and placement of refuse enclosures shall conform to the location and number shown on the site plan as approved by the Planning Commission. i) 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. All walls shall be constructed of decorative block with architectural features acceptable to the City Planner. j) The on-site improvement plan shall include details of on-site lighting, including light location, type of poles and fixtures, foundation design, conduit location and size, and the number and size of conductors. Photometry calculations shall be provided which show that the proposed on-site lighting design will provide a minimum of 1 foot-candle of illumination uniformly distributed over the surface of the parking lot. k) The design of on-site improvements shall also comply with all requirements of The California Building Code, Title 24, relating to accessible parking and accessibility, including retrofitting of existing building access points for accessibility, if applicable. 1) An 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. m) Where an accessible path of travel crosses drive aisles, it shall be delineated by textured/colored concrete pavement, unless otherwise approved by the Development Review Committee. n) The project Landscape Plan shall be reviewed and approved by the City Engineer prior to issuance of a grading permit. Submit 5 copies to the Engineering Division for Checking. C:`,I-)OCI ML_ I`]ian, ar\LOCALS•--I`Tcmp\DP i 06-14 DB doc&I_ 'Alrii—I E1{ii OE�-4l I3F3.�iFx. 07 251074 -{8IWI Project: 3-story, E2993-unit senior house complex on approximately 1.98 acres Case No. DP 3 06-14 Page 4 of 7 o) The public right-of-way, between the property line and top of curb (also known as "parkway") along adjoining streets shall be landscaped by the developer and maintained in perpetuity by the property owner. Details of the parkway landscaping shall be included in the project's on-site landscape plan. p) An easement and covenant shall be executed on behalf of the City to allow the City to enter and maintain any required landscaping in case of owner neglect. Upon request, the Real Property Section will prepare documents for execution by the property owner. The documents shall ensure that, if the property owner or subsequent owner(s) fail to properly maintain the landscaping, the City will be able to file appropriate liens against the property in order to accomplish the required landscape maintenance. A document processing fee in the amount established by ordinance shall be paid to the Real Property Section to cover processing costs. The property owner, prior to plan approval, shall execute this easement and covenant unless otherwise allowed by the City Engineer. Applicable to Commercial, industrial and multi-family development only. 3. Utilities a) Design and construct all public utilities to serve the site in accordance with City Code, City Standards and requirements of the serving utility, including gas, electric, telephone, water, sewer and cable TV (Cable TV optional for commercial, industrial, or institutional uses). b) Utility services shall be placed underground and easements provided as required. c) A street cut permit, from the City Engineer, will be required for utility cuts into existing streets. d) 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. e) 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). C' OC_M -1'Jiang ar'LO( 11_S--I`,TemnlpP 3 06-14 DB.doc;!-Rc+�i4i�h14+k;herd E x;�e +rer3aeF '� U}F � ()(4-14 DR.-doe. I 0T25/0747:kg4 7 Project: 3-story, a 293-unit senior house complex on approximately 1.98 acres Case No. DP 3 06-14 Page 5 of 7 f) Sewers within private streets or private parking lots will not be maintained by the City but shall be designed and constructed to City Standards and inspected under a City On-Site Construction Permit. A private sewer plan designed by the Developer's Engineer and approved by the City Engineer will be required. This plan can be incorporated in the grading plan, where practical. 4. Mapping a) A lot merger will be required for this project. 5. Improvement Completion a) The required lot merger shall be recorded before the issuance of Building permits. Improvements shall be completed prior to the issuance of the Certificate of Occupancy. 6. Street Improvement and Dedications a) All public streets and public easements within and adjacent to the development shall be improved to City standards. Improvements shall include combination curb and gutter, paving, access 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. All improvements 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: I I Street Name Right of Way(ft.) Curb Line(ft) NltGUM._______Ver-nen 44' Existing Ave.-Medical Center Dr. C: Q00 I`.4ianY ar`LOCAL4-•I`lemp�DP 3 06 14 UB doc '.`... ' W4 44-DR-dcm I 07,25/070749,'07 4 '07 Project: 3-story. E2011-unit senior house complex on approximately 1 98 acres Case No. DP 3 06-14 Page 6 of 7 c) Construct 8" Curb and Gutter per City Standard No. 200 adjacent to the site. Widen pavement adjacent to the site to match new curb and gutter. Construct approach and departure transitions for traffic safety and drainage as approved by the City Engineer. d) Construct sidewalk adjacent to the site on 16th Street in accordance with City Standard No. 202, Case "A" (6' wide adjacent to curb). e) If the existing sidewalk and/or curb & gutter adjacent to the site are in poor condition, the sidewalk and/or curb & gutter shall be removed and reconstructed to City Standards. Curb & Gutter shall conform to Standard No. 200, Type "B" and sidewalk shall conform to Standard No. 202, Case "A" (6' wide adjacent to curb), unless otherwise approved by the City Engineer. f) Construct accessible curb ramps in accordance with City Standard No. 205, modified as approved by the City Engineer to comply with current ADA accessibility requirements, at all curb returns within and adjacent to the project site. Dedicate sufficient right-of-way at the corner to accommodate the ramp. g) Construct Driveway Approaches per City Standard No. 204, Type ll, including an accessible by-pass around the top of the drive approach. Remove existing driveway approaches that are not part of the approved plan and replace with full height curb & gutter and sidewalk. h) All Curb return radii shall be 25 feet minimum. i) The pavement on existing streets adjoining the site shall be rehabilitated to centerline using a strategy approved by the City Engineer. 7. Required Engineering Plans a) A complete submittal for plan checking shall consist of all required site development plans and support documents. 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. If a rough grading permit is to be issued prior to approval of the site development plan, a rough grading plan is required. c) All grading and improvement plans submitted for plan check shall be prepared on the City's standard 24" x 36" sheets. A signature ( 1)OCL�tt, l.:lian, ar\L.00ALS- 1'\Temn\DP 3(Ki-14 07/25,07074W07 Project: 3-story, E2803-unit senior house complex on approximately 1.98 acres Case No. DP 3 06-14 Page 7 of 7 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 include a .DXF file of the project. Files shall be on a CD 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 at http://www.ci.san-bernardino.ca.us/site/pw/default.htm 8. Required Engineering Permits a) Grading permit. I b) On-site improvements construction permit (except buildings - see Development Services-Building Division), including landscaping. c) Off-site improvement construction permit. 9. Applicable Engineering 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% of the estimated checking fee for each set of plans will be required at time of application for plan check. The amount of the fee is subject to adjustment if the construction cost estimate varies more than 10% from the estimate submitted with the application for plan checking. b) The current fee schedule is available at the Public Works Counter and at http://www.ci-san-bernardino.ca.us/site/pw/default.htm c) Expeditious plan review is available. A non-refundable fee in the amount of 125% of the estimated plan check fee for each set of plans will be required at time of application for expedited plan check. The amount of the fee is subject to adjustment if the construction cost estimate varies more than 10% from the estimate submitted with the application for plan checking. C=DOCUML­1`:1iangar\L0CALS-IVremp\DP 3 06-14 UB doe F (1E 4.:}-014:dcc I 07%2 '070g4kEg CITY OF SAN BERNARDINO FIRE DEPARTMENT STANDARD REQUIREMENTS Case: --2 o !. Date: Reviewed By: _ NERAL REQUIREMENTS: Provide one additional set of construction plans to Building and Safety for Fire Department use at time of plan check. 'Contact the City of San Bernardino Fire Department at(909)384.5585 for specific detailed requirements. The developer shall provide for adequate fire flow.Minimum fire flow requirements shall be based on square footage,construction features,and exposure information supplied by the developer and must be available prior to placing combustible materials on site. ATER PURVEYOR FOR FIRE PROTECTION: The fire protection water service for the area of this project is provided by: San Bernardino Municipal Water Department--Engineering (909)384-5391 East Valley Water District—Engineering (909)888-8986 F1 Other Water purveyor: Phone: ------------------- PUBLIC FIRE PROTECTION FACILITIES: !IBC' Public fire hydrants are required along streets at intervals not to exceed 300 feet for commercial and multi-residential areas and at intervals not to exceed 500 feet for residential areas. Fire hydrant minimum flow rates of 1,500 gpm at a 20 psi minimum residual pressure are required for commercial and multi-residential areas.Minimum fire T hydrant flow rates of 1,000 gpm at a 20 psi minimum residual pressure are required for residential areas. Fire hydrant type and specific location shall be jointly determined by the City of San Bernardino Fire Department in conjunction with the water purveyor.Fire hydrant materials and installation shall conform to the standards and specifications of the water purveyor. Public fire hydrants,fire services,and public water facilities necessary to meet Fire Department requirements are the developer's financial responsibility and shall be installed by the water purveyor or by the developer at the water purveyor's discretion.Contact the water purveyor indicated above for additional information. ACCESS: [] Provide two separate,dedicated routes of ingress/egress to the property entrance.The routes shall be paved,all weather. j] Provide an access road to each building for fire apparatus. Access roadway shall have an all-weather driving surface of not less than 20 feet of unob- structed width. Extend roadway to within 150 feet of all portions of the exterior wall of all single story buildings. Extend roadway to within 50 feet of the exterior wall of all multiple-story buildings. Provide"NO PARKING"signs whenever parking of vehicles would possible reduce the clearance of access roadways to less than the required width. Signs �2 are to read"FIRE LANE—NO PARKING--M.C.Sec.15.16". El Dead-end streets shall not exceed 500 feet in length and shall have a minimum 40 foot radius turnaround. F� The names of any new streets(public or private)shall be submitted to the Fire Department for approval. SI E: All access roads and streets are to be constructed and usable prior to combustible construction. Private fire hydrants shall be installed to protect each building located more than 150 feet from the curb line. No fire hydrants should be within 40 feet of any exterior wall.The hydrants shall be Wet Barrel type,with one 21/2 inch and 4 inch outlet,and approved by the Fire Department. Areas adjacent to fire hydrants shall be designated as a"NO PARKING"zone by painting an 8 inch wide,red stripe for 15 feet in each direction in front of the hydrant in such a manner that it will not be blocked by parked vehicles. Lettering to be in white 6"by 112". .BUILDINGS: Address numerals shall be installed on the building at the front or other approved location in such a manner as to be visible from the frontage street.Com- mercial and multi family address numerals shall be 6 inches tall,single family address numerals shall be 4 inches tall.The color of the numerals shall con- trast with the color of the background. Identify each gas and electric meter with the number of the unit it serves. Fire extinguishers must be installed prior to the building being occupied. The minimum rating for any fire extinguisher is 2A 10B/C. Minimum distribution of fire extinguishers must be such that no interior part of the building is over 75 feet travel distance from a fire extinguisher. Apartment houses with or more units,hotels(motels)with 20 or more units,or apartments or hotels(motels)three stories or more in height shall be equipped with automatic fire sprinklers designed to NFPA standards. All buildings,over 5,000 square feet,shall be equipped with an automatic Gre sprinker system designed to NFPA standards.This includes existing buildings vacant over 365 days. No—r'FA ��'l/ �/t n y�( t�, Submit plans for the fire protection system to the Fire epgrtment prior to bg nirSq c nstpOction of the system.Permit required. Tenant improvements in all sprinklered buildings are to be approved by the Fire Department prior to start of construction.Permit required. Provide fire alarm(required throughout).Plans must be approved by the Fire Department prior to start of installation.Permit required. Fire Department connection to sprinkler system/standpipe system,shall be required at Fire Department approved location. Fire Code Permit required,apply at 200 east 3rd street,(909)384-5388. Fire Sprinkler monitoring required. Plans must be approved by the Fire Department prior to the start of construction.Permit required. Occupant Load. Note:The applicant must request,in writing,any changes to Fire Department requirements. ADDITIONAL INFORMATION: A- ZAL.'t __. `Ti� City of San Bernardino Public Services Department Standard Development Requirements 300 North D Street - 4'11 Floor San Bernardino, CA 92418 COMMERCIAL & INDUSTRIAL DEVELOPMENT Collection Services 1. The collection or transportation of refuse, recyclable discards, or green waste from any commercial and industrial locations within the City shall be provided by the City of San Bernardino Public Services Department unless otherwise franchised or permitted. [MC § 8.24.140] 2. New accounts require a completed Service Application, with a full deposit and a copy of manuals for all compactor units, returned to the City of San Bernardino Refuse & Recycling Division prior to issuance of the final I Certificate of Occupancy. 3. Shared refuse and recycling services for multi-tenant commercial sites shall be billed to a single owner orl property manager; leases shall include terms to accommodate sub-metered services. 4. All refuse containing garbage, such as food, vegetable, or animal wastes, shall be removed at least twice weekly, and all other solid wastes shall be removed at least once weekly. [SB County Health, Sanitation and Animal Regulations § 33.0831 5. All commercial establishments generating 6 cubic yards or more of solid waste per week shall establish City recycling services for maximum diversion within 30 days of opening business, or establish an alternative _diversion program to be identified in the IWM Survey for the project. Automated Cart Service to Nonresidential Facilities 6. Nonresidential establishments such as small offices, shops, meeting halls, or churches, which generate 2 cubic e 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. Service Vehicle Access 7. shall meet City Engineering requirements for commercial vehicle drive access along the main ingress to and egress from enclosures. These requirements shall not limit requirements for Fire vehicle access. 8. Property without through access shall incorporate at least one of the following designs: • A cul-de-sac with a 40-foot turning radius for a 32-foot vehicle length A hammerhead turn with a 40-foot turning radius for a 32-foot vehicle length Gated Access 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. -------------------------------- ---------------------- Shared Collection Areas - Reciprocal Access 10. Front-load bin enclosures and roll-off compactor units may be shared across existing or proposed property lines if enclosures or equipment provide adequate capacity for anticipated refuse and recyclable materials generation, AND if Reciprocal Access for shared collection areas is recorded with the property. Roll--off Compactor Units MD PS 6.27.2003 1 I . Sealed compactor units dedicated separately to refuse and recyclables may be required to be installed at 1 facilities with an anticipated waste generation of 60 uncompacted cubic yards per week. 12. Roll-off compactor units must be installed according to manufacturer's and City Engineering specifications with I the compactor hopper and roll-off box on a concrete slab with a minimum 3-foot continuously paved perimeter for safe access. -- - - l 13. Roll-off boxes at locations receiving City service must meet City rail and hook specifications per City Engineering Standard 510. Boxes shall be designed with disposal end opposite hook-up; boxes with same-side design may be subject to a roll-back charge. i' 14. Compactor equipment shall be screened from view of public right-of-way by materials compatible with building architecture and landscaping as specified by City of San Bernardino Development Code. [MC § 19.20.030 (2 1)] 15. Location, orientation, and dimensions of enclosures, enclosure gates, pedestrian entry, compactor pads, and compactor screening, shall be shown on site plans and labeled that construction shall meet City Engineering Standards. MDiPS 6.27.2003 City of San Bernardino Public Services Department Standard Development Requirements Page 2 of 2 Existing Bin Enclosures 16. Existing bin enclosures must have minimum inside dimensions of 7'9" x 9' OR 15' x 4'5" to fit two 3CY bins. j Existing enclosures must have block walls, inside bumper guards or curbing, and solid steel gates, OR enclosure(s) must be reconstructed to meet Engineering Standard 508. Enclosure may be relocated for best drive access and alignment, plans subject to Public Services approval. (Please note, if site willgenerate 2CYorless of solid waste per week, see Residential Collection options.) Front-load Bin Enclosures & Access 17. Minimum double-wide enclosures of 8 feet by 15 feet shall be required for all development to allow for dedicated recycling bins, except where potential waste generation or space is restricted. [Specifications adopted in accordance with Model Ordinance as required by CA PRC §429111 18. Front-load compactor units must be contained in an enclosure large enough to hold the unit and one additional j bin facing lengthwise. 19. Front-load bin and compactor enclosures must be constructed according to City Engineering Standard 508. Rear or side pedestrian entry shall be provided on enclosures for all multi-unit residential development. Pedestrian entry on free-standing enclosures shall have a 4--foot width, no gate or door, and an `L' shaped block screen the same height of the enclosure. 20. Pedestrian access from building exit to bin enclosure shall be a minirnum 4 feet wide and continuously paved, without crossing curbs, steps, or driveways. 21. Enclosure pads shall be level to restrict bins from drifting and designed for proper drainage of surface water. 22. Enclosures must be at least 5' from combustible walls, eave lines, or openings. [98 CA Fire Code § 1 103.2.2] 23. Only refuse bins and the contents therein for disposal may be stored in refuse enclosures. All other equipment, fixtures, and materials such as electrical panels, circulation or exhaust ducts or vents, grease bins, or surplus supplies are strictly prohibited. 24. Enclosures shall be buffered with landscaping when viewable from public right-of-way, and vegetation shall not restrict gates or exceed height of enclosure. Include vegetation on landscape plans. 25. En2during lures shall be located with gates aligned for straight access for service vehicles. 26. res shall not obstruct drive aisles, driveways, loading zones, parking, handicap access, or visibility of raffic from drive aisles, alleys, or streets. Location shall not cause service vehicle to block access drives while bins are bei ng serviced. i ff27. Enclosure gates shall not open into drive aisles, parking spaces, or walkways. Enclosures placed adjacent to parking shall be separated by a minimum 2-foot wide curbed area out to the farthest point of both gates, and designed to safely restrict gates from opening into parking spaces or landscaped areas.. 28. Location, orientation, and dimensions of enclosures, enclosure gates, and pedestrian entry, shall be shown on i' site plans and labeled that construction shall meet City Engineering Standards. Multi-unit Dwellings 29. Commercial requirements shall apply to all multi-unit dwellings over 8 units, unless otherwise approved. MD/PS 6.27.2003 30. Disposal chutes incorporated into multi-story buildings must have dedicated chutes for refuse & commingled recyclables. Both chutes shall be clearly and permanently labeled at each chute opening and exit. [Specifications adopted in accordance with Model Ordinance as required by CA PRC §4291 1] MD!PS 6.27.2003 fT•I G_.� � _ __ B° CONCRETE BLOCK 'MALLS -- — ----__- �__._ GROUT ALL CELLS SCLID MIN. UMENSI �-- GN S I j- -- ���� BIN SIZE wy C — � , 6' yID. BUMPER r/ I/"l"A.B / 2- 3 CY. L 2- 4 CY. 8'-0" 15 - p" 3 • 2- N0. 4 6APS 1 A NO. 4 BAR 24" O.C- 4"x6" W0. BUMPER FLUSH WITH PAVEMENT w/1/2"A.B. of I N0, 4 BAR 32" 0.C' of 4'-O" o (COL*lTER9UNK) 0 SEE DETAIL'A' 12"STEEL SLEEVES Y IN CONCRETE TO A"CONC. SLAB w/6x6 SECURE GATES 10/10 W.W.F. (CONCRETE CLASS LFIN. GRADE 520-C-2500) I i x x x '12"STEEL SLEEVE IN \ 8°x 12°0 CONCRETE ti N0. 4 BAR CONT FOOTING TO SECURE 3„ GATES (TYP.) le" I PLAN VIEW SECTION A-A — 3 x6 C GATE FRAME GATES CHANNEL / / BAR CHANNEL 2"x I"x $/16" CROSS BRACING / 1/2"DRAIN HOLES of 12"0.C. STEEL 3"x 3"x .1875 POST, WELD CAP 9 GRIND SMOOTH z 5"x S" H.D. BUTT I 1 po HINGE BY STANLEY TYPE 8-24 METAL DECK I I 2"CL AR. — II 3 PER GATE, WELD 20 GAUGE PRIMER COATED I U _LU- 70 POSTS 8 GATE FRAME I-- —�— — — — — — — — BY VERGO MFG. CO, TACK — — — — WELD AT TOP 8 BOTTOM TO 1/2" Q GALV, STEEL 3 1/2"GALV. STEEL CHANNEL at 12"O.C, CANE DOLT, STANLEY H.D. HASP, STANLEY NOTES ND CO Icag (2 ELEVATIONS T DETAIL 1At I. ALL WORK SHALL BE DONE IN ACCORDANCE WITH THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION , LATEST EDITION. 2. LOCATION SUBJECT TO THE APPROVED DEVELOPMENT PLANS. 3, WITHIN 5' OF COMBUSTIBLE CONSTRUCTION, INSTALL A AUTOMATIC FIRE SPRINKLER AS APPROVED BY FIRE DEPT. 4. CONCRETE BLOCK WALLS TO BE COMPATIBLE WITH BUILDING EXTERIOR. 5. SPECIFIED MANUFACTURERS SHOWN OR APPROVED EQUAL. CITY OF SAN BERNARDINO PUBLIC WORKS DEPT APPROVED - s e STANVAU �nAT ll REFUSE ENCLOSURE EIREC OR OF PUBLIC WORKS / JOV Y___.__ _ CITY ENGINEER SAN BERNARDINO MUNICIPAL WATER DEPARTMENT STANDARD REQUIREMENTS DRC/ERC Case: DEVELOPMENT PERMIT 3 NO.06-14 APN NUMBER: 269-151-28&0143-071-02 EPN NUMBER: - DATE COMPILED: 9/20/2006 REVIEW OF PLANS: COMPILED BY: Brunson,Ted OWNER: Inland Desert Investment DEVELOPER: Ricky Torres TYPE OF PROJECT: A request to construct a 3-story, 128-unit senior house complex on approximately 1.98 acres of land located on the northeast corner of Medical Center Drive and 16th Street in the CO-1,Commercial Office land use district. NUMBER OF UNITS: 0 LOCATION: Northeast corner of Medical Center Drive and 16th Street WATER DEPARTMENT ENGINEERING: CONTACT: Lit:hfield, Matthew PHONE NUMBER: (909)384-5386 FAX NUM,-,ER: (909)384-5532 Note:All Water Services are Subject to the Rules-Regulations of the Water Department U Size of Main Adjacent the Project 12"ST. in MEDICAL CENTER DR,8"CL&WP ST. in 16TH ST. u Approximate Water Pressure 90 si Elevation of Water Storage: Hydrant Flow @ 20psi: 0 Type, Size, Location and Distance to Nearest Fire Hydrant 032-150 2 Way wb w/st. noz. (Iowa)in 16th St. ❑ Water Supply Study Required Pressure Regulator Required on Customer Side of the Meter [] Offsite Water Facilities Required Water Main Reimbursement Due ❑ Area Not Served by San Bernardino Municipal Water Department Network Hydraulic Analysis Required per Uniform Design Standards Comments: WATER QUALITY CONTROL CONTACT: Arrieta,Con PHONE NUMBER: (909)384-5325 FAX NUMBER: (909)384-5928 k R.P.P. Backflow Device Required at Service Connection for Domestic Service Lj Double Check Backflow Device Required at Service Connection for Fire and Irrigation U Backflow Device to be Inspected before Water Service can be Activated i j No Backflow Device is required at this time SEWER CAPACITY INFORMATION CONTACT: Thomsen, Neil PHONE NUMBER: (909)384-5093 FAX NUMBER: (909)384-5592 Note:Proof of Payment Must be Submitted to the Building_Safety Department Prior to Issuance of the Building Permit Sewer Capacity Fee Applicable at this time _! Sewer Capacity Fee must be paid to the Water Department for 0 Gallons Per Day: Equivalent Dwelling Units: 0 'V Subject to Recalculation of Fee prior to the Issuance of Building Permit Breakdown Of Estimated Gallons Per Day COPY TO: Customer; Planning; (Engineering Wednesday,September 20, 2006 EPM Page 1 of 1 ATTACHMENT E PIONEER SENIOR LIVING SECtiRITY PLAN L SECURITY PLAN A. Overview/Design 1. Doors and Locks. a. All units will be installed with the highest quality locks and deadbolts. (A door knob-in-lock set will have a'dead latch' mechanism to prevent slipping the lock with a shim or credit card.) b. All units will have a secure door that is firm and fits tightly within the door frame with a wide-angle 160 degree peephole mounted no higher than 58 inches. 2. Sliding Glass Doors a. All units will be issued a wooden dowel (stick) to lay in the track thus preventing or limiting movement of the sliding door. b. Other blocking devices available are metal fold-down blocking devices called "charley bars" and various track-blockers that can be screwed down. 3. Windows a. All units will have secondary blocking device. b. Block accessible windows no more than 6 inches for ventilation. c. Use ant-lift devises to prevent window from being lifted out. d. Use crime prevention decals on accessible windows. 4. Lighting a. Good lighting will be along all pathways, at each door and especially at the entryway. b. Light timers (motion sensors) or photo-cells to turn on/off lights automatically after dusk until dawn. c. Any area that is shaded or dark will have extra lighting. d. Management will have a system in place to periodically inspect and replace lighting outages. 1 5. Cameras a. 24 hour surveillance cameras will be installed in the parking area and will be monitored 24 hours a day, 7 days a week at an off site location. The monitoring security company can contact the appropriate agency in case of an emergency. 6. Access Control a. Automatic gate with fencing will surround the complex giving access strictly to the tenants. b. Guest parking will be separate from the resident parking. 7. Management Duties a. Assign parking spaces and record vehicle information. (Parking Permit Decals may be required) b. Require guests to park in designated visitor spaces c. Be alert for illegal occupants and illegal activities. d. Approach all strangers to ascertain occupancy status. e. Walk the property at varies times of the day and night. f. Participate with the local police department in any local crime prevention seminars/classes. g. Management will dedicate time and day for the residence to meet in the community room to discuss a Neighborhood Watch Program under the supervision of the police department. Global Premier Development, Inc. will be open to as much security as possible so we know that all of our tenants at Pioneer Senior Living are well protected. 2 EXHIBIT 3 CITY OF SAN BERNARDINO Development Services Department, Planning Division I 300 North "D" Street, 3`d Floor San Bernardino, CA 92418 San Bernar ino Phone (909) 384-5057 . Fax (909) 384-5080 Web address: www.sbcity.org APPLICATION FOR APPEAL APPEAL FROM A DECISION OF THE (check one) 'l ( 7 ❑ Development Services Director ❑ Development/Environmental Review Committee -0 Planning Commission Case number(s): Development Permit 3 No 06-14 Project address: Northwest Corner Medical Center Drive and 16th St. Appellant's name: Lola Lee Appellant's address: 1.57R W (-';lbw ct S $ d}nom I . Appellant's phone: (909) 889-4667 Appellant's e-mail address: Contact person's name: Same as above Contact person's address: ELiy Contact person's phone: Gk VOPMET"" RVICES DEPARTMENT Contact person's e-mail address: Pursuant to Section 19.52.100 of the Development Code, an appeal must be filed on a City application form within 15 days following the final date of action, accompanied by the appropriate appeal filing fee. Appeals are normally scheduled for a determination by the 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 time of the appeal hearing. OFFICE USE ONLY Date appeal filed: C) 7 Received by: 1 11104 REQliIRED INFORMATION FOR AN APPEAL Specific action being appealed and the date of that action: Specific grounds for the appeal: Seec�e�( Action sought: Additional information: Signature of appellant: Date: 3� 6 2 11/04 Specific action being appealed and date of that action: First we want to goon record and say that we support the San Bernardino City effort to build Senior Citizen housing. However we are appealing the planning commissions decision to allow this Senior center complex because we do not believe that it meets the requirements of the General Plan. Further we believe that given the high crime rate in this area the development will lead to blighted conditions that will enable an already large criminal element to further expand. The date of that action was Specific grounds for the appeal: We are specifically requesting an appeal because we do not believe the following general plan guidelines were followed: 2.1.1. Preserving and enhancing SB unique neighborhood, we do not believe that this was adhered to. 2.1.2 We do not believe that enough thought was given on how the project was designed to ensure the quality of life and safety in the existing neighborhoods. Seventy five percent of the units will be only 538 sq. ft. By approving this plan an agreement is being made to shoehorn seniors into smaller liver quarters than other projects already approved for the city. Why should our community be a dumping ground? 2.2.9 Given the high level of crime in this area we do not believe that the Police dept. reviewed the plan. We cannot find where the Police department signed of that this project is a safe project. We see the developers plan for security but why should the citizens of the ward have to suffer from higher rates of crime and other adverse impacts simply because there was not a police review of the plans.. In fact the project does not take into consideration the close proximity of the project to Little Zion Manor and the high crime rates of that area. This area has had a high history of violence why should we put seniors into this area and then expect them to fend for themselves? 2.5.6 K We do not believe that the new development values the physical characteristics of the surrounding area. Instead the exterior building design looks like a box-like prison structure. Exactly what 2.5.6 k states that it should not do. 2.8.3 We do not believe this design protects the life and property of residents, businesses and visitors from crime and as 2.83 states it has not incorporated crime prevention through environmental design. Instead with its parking structure it has incorporated an element for the criminals to stalk senior victims. 2.10.3 We are particularly upset that as this project has been developing section 2.10.3 has been blatantly disregarded. This community was not offered an opportunity to provide input on this project. Further we do not believe that the Community Hospital Strategic Area plan in particular that part that speaks to improving safety to the area was followed. We also believe that the Housing page 3-36 paragraph 2 where it states that an evaluation must take place to prevent overcrowding was not followed in this project. 91 units of seniors in this project is akin to herding cattle and giving them very little living space. Under the redevelopment section of the plan there was no coordination with the Northwest PAC therefore we believe that there was no due consideration given to the potential for blighting conditions that section 3.2.5 seeks to prevent. 5.5.1 :TWoeroalso not believe that this development is compatible with the nding community or with the hospital that is in close ity 5.6.1 do not believe that the design of the structure will reduce the visual impact of large scale building as required by section 5.6.1. In fact we disagree with the applicant that this a three story building. The 1"floor is parking with three floors above it for a total of four stories. 5.6.2 We further believe that the project does not do enough to discourage monotonous multi-family residences. The exterior of the building can be liven up to give it character such that the seniors who will use it will be proud of it as well the community who have to live with it on a daily basis. 7.1.3 There was no effort made on the part of the developer or anyone connected to the project to support and encourage community based crime prevention efforts. Our neighborhood watch was not contacted nor the individual residents for input. 7.1.7 Finally we do not believe that security measures and devices were sufficiently incorporated into the design of the building. There are more items to be considered from other members of the community and for your review we have attached the statements of the current Councilman Rikke Van Johnson, past ward Councilwoman Betty Anderson and community activist Frances Grice. The concerns can be grouped as such • 9') units will cover 65% of the 1.9 acres and this does not include the recreation building • The unit does not follow HUD guidelines for Senior Housing • The design of the recreation building appears to be an after thought. Each time a question is asked concerning the recreation building a different size and design is presented. • The unit is listed as a mixed use senior citizen complex yet it allows residents as young as 16 years of age to live there. • The development code allows a maximum of 50%coverage of the building plot this design allows for 65% a clear code violation • The recreation area is inadequate for the number of residents anticipated • How many of the 165 parking spaces, are underground spaces for resident and how many are external spaces for guests. • Why is the corner development considered infill development since the corner directly across the street is undeveloped as well. The following individuals from the community were also very concerned about this project: Linda Hart, Charlotte Brevard Cheryl Brown, Anita Jones, Phillip Moreno, Lawrence Hampton& Reggie Beamon Action Sought: Deny the proposed project resending the Planning commissions approval. Reduce the size of the project, use proper setbacks & parking requirements and reduce the number of units. Using standards established by other senior projects in the city. DRAFT—11/09/07 MEMORANDUM OF UNDERSTANDING COUNTY OF SAN BERNARDINO ASSITANCE TO THE CITY OF SAN BERNARDINO, OPERATION PHOENIX EASTERN AREA 1. INTRODUCTION The Mayor's Office has developed and initiated Operation Phoenix, a coordinated response to crime and related family and youth issues and to create long-term neighborhood assets, in target areas in the City with a high rate of Part I crimes. Operation Phoenix addresses the complex issues contributing to crime and violence through partnership with the County of San Bernardino, the San Bernardino City Unified School District, the State Department of Corrections, and California State University San Bernardino. The initial success of Operation Phoenix between June 10, 2006 and December 31, 2006, included a 37.59% reduction in UCR Part I crime in the original target area. There was also a 2 1.11% citywide reduction of UCR Part I crime, compared to 2005, during that same time period. On June 4, 2007, the City Council identified five additional target areas for possible expansion of Operation Phoenix. • Central Area(expanded) one mile circumference of Wabash and Sierra • Eastern Area one mile circumference of Sterling and Highland • Northern Area one mile circumference 44th and Sepulveda • Western Area one mile circumference around 16`b and California • Southern area one mile circumference around approximately Mill and Meridian Funding and operational expenses are limited for this expansion. In order to expand to the Eastern Phoenix Area the City of San Bernardino and the County of San Bernardino are interested in entering into a Memorandum of Understanding to provide shared resources. This sharing of resources is consistent with the continuing protocol combining City and County resources in the Central Phoenix Area. 2. DURATION OF AGREEMENT This agreement is to be in effect from December 1, 2007 to June 30, 2008. 3. COMMITMENTS TO OPREATION PHOENIX EASTERN AREA County Su port • The County will deploy an additional five Deputy Sheriffs' and one Sergeant to be assigned to the county unincorporated areas in eastern San Bernardino Nar 21 1 Y-2 /-07�o J DRAFT— 11/09/07 and western Highland, for purposes of coordination with the San Bernardino Police Department and mutual efforts in the Operation Phoenix Eastern Area. • The County will augment county code enforcement activities in the Eastern Phoenix Area, including coordination and collaboration with city code enforcement activities in the Eastern Phoenix Area. • The County will make a $98,000 contribution to Operation Phoenix budget for purposes of defraying the costs associated with the City of San Bernardino programs for the Operation Phoenix Eastern Area as described below. City of San Bernardino • The City will create and coordinate an Operation Phoenix Street Team and its activities in the Eastern Area. The City will create a Street Team that consists of representatives from the various partner agencies that are engaging residents in the target area through direct services. Ongoing communication and coordination of partner agencies will occur through regular meetings of the Street Team to maximize collaboration and quality services to residents in the target area. A representative from the Sheriff's Office and County Code Enforcement will be invited to participate in Street Team meetings to insure coordinated efforts between City and County services. • The City will establish a physical center in the Eastern Area to provide supervised, after school and evening activities for children and youth in the focus area. The center will also act as the coordination location for the Operation Phoenix Street Team and other various outreach activities by the city, the county, and other government, nonprofit and community agencies. • The City will augment police services, code enforcement services, and graffiti abatement in the Eastern Area, and it will enhance street lighting other public improvements in the Eastern Area, as the Operation Phoenix budget provides. These mutual commitments by the County and the City will cover the area designated by the Operation Phoenix Eastern area which includes County pockets. A map of the area is attached and by reference is part of the Memorandum of Understanding. If conflict resolution is required among City and County agencies, it will be facilitated through the Operation Phoenix Steering Committee which serves as an advisory committee on operational issues to the Mayor and County Supervisors. 4. ADMINISTRATION Administration of this program will coordinated through the Operation-Phoenix Executive Team and Street Team consistent with the organization structure and protocol established by Operation Phoenix. -2- DRAFT— 11/09/0 5. MUTUAL IDEMNIFICATION CLAUSE The City of San Bernardino shall defend, indemnify, and hold the County of San Bernardino and its agencies, their respective officers, employees, and agents harmless from and against any and all liability, loss expense, attorneys' fees, or claims for injuries or damages are causes as a result of the negligent or intestinal acts or omissions of the City of San Bernardino, its officers, agents or employees, The costs, salaries, and expenses of the City Attorney and member of his office enforcing this contract on behalf of the City shall be considered as "Attorneys' Fees" for the purposes of this paragraph. The County of San Bernardino shall defend, indemnify, and hold the City of San Bernardino, its officers, employees, and agents harmless from and against any and all liability, loss, expense, attorney's fees, or claims for injuries or damages arising out of the performance of this agreement, but only in proportion to, and to the extent such liability, loss, expense, attorney's fees, or claims for injuries or damages are caused as a result of the negligent or intentional acts or omissions of the County of San Bernardino or its agencies, their respective officers, agents, or employees. The costs, salaries, and expenses of the County Counsel and members of his office enforcing this contract on behalf of the City shall be considered as "Attorneys' Fees" for the purpose of this paragraph. -3- Gfo6a[Premzer D a, January 7, 2008 City Council San Bernardino Re: Pioneer Senior Living, Spur Bernardino, CA Dear Councilman Rikke Van.Johnson: I am writing to express Global Premier Development, Inc.'s interest in redesigning the proposed project, Pioneer Senior Living (the "Project"), for submission to the City of San Bernardino (the "City"). After attending the City Council meeting and hearing the neighborhood comments and safety concerns with respect to the Project, we respectfully request the opportunity to submit a redesign of the Project to the City for reconsideration. We have taken the comments into consideration and are prepared to provide any revisions necessary to make this Project work for the City. We are anxious to bring this dynamic affordable housing community to the Senior's of the City and hope that the City will welcome the redesign. Please contact me with any questions. I look forward to hearing from you. Best R ds, Cam-' Ricky "Torres Project Manager /V / ZS A