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Home My WebLink About29-Planning and Building -- - - . CITV OF SAN BERrQRDINO - REQUEST ~R COUNCIL ACTION From: Al Boughey, Director Subject: Appeal of Tentative Tract No. 15114 and Conditional Use Permit No. 90-74 Dept: Planning & Building Services , Date: December 4, 1991 Mayor and Common Council Meeting December 16, 1991 Synopsis of Previous Council action: No previous Council action. Recommended motion: That the hearing be closed and that the Mayor and Common Council deny the appeal and approve Tentative Tract No. 15114 and Conditional Use Permit No. 90-74 subject to the Findings of Fact, Conditions of Approval and Standard Requirements contained in the Planninq Commission Staff Report of October 29, 1991 (supports staff's recommendation and Planning Commission's action). OR That the hearing be closed and that the Mayor and Common Council uphold the appeal and deny Tentative Tract No. 15114 and Conditional Use Permit No. 90-74 and refer the matter back to staff to develop t Negative Findings of Fact (supports appellant's reques hey Contact person: Al Boughey Supporting data attached: * ~taff Report Phone: 384-5357 Ward: 4 FUNDING REQUIREMENTS: Amount: N / A Source: (Acct. No.) (Acct. DescriPtion) Finance: Council Notes: Agenda Item No. il? .J. - - CITY OF SAN BERNCRDINO - REQUEST .QR COUNCIL ACTION STAFF REPORT Subject: Appeal of the Planning Commission's approval of Tentative Tract No. 15114 and Conditional Use Permit No. 90-74, to establish a 66 lot single-family subdivision with 15.9 acres of natural open space on 44.9 acres located in the Hillside Management Overlay district. Mayor and Common Council Meeting Dece~er 16, 1991 REQUEST Michael Maudsley, Councilman Ward 4, is protesting approval of Tentative Tract No. 15114 and Conditional Use Permit No. 90-74 by the Planning Commission. The basis of the appeal is that the Soil Engineer's tests for shear factors were done at a stress level that was less than the stress level that was predicted by the geologist, and that the secondary means of access crosses the San Andreas fault on Hemlock and does not meet current design standards, due to its incline (See Exhibit A - Letter of Appeal.) BACKGROUND Tentative Tract No. 15114 and are applications to subdivide lots with 15.9 acres of open land use district and Hillside Conditional Use Permit N..o. 90-74 44.9 acres into 66 single-family space in the RL, Residential Low Management Overlay District. An Initial Study was prepared for the proposal by Tom Dodson and Associates, and was presented to the Environmental Review Committee (ERC) on June 27, 1991. The ERC proposed a Mitigated Negative Declaration. Public comment concerning the proposed Mitigated Negative Declaration was received and was addressed by both the applicant's geologist, Gary S. Rasmussen & Associates, and the City Geologist, Dr. Floyd Williams (See Exhibit B- Planning Commission Staff Report.) The proposal was also reviewed by the Development Review Committee (DRC) on September 5, 1991 and was cleared onto Planning Commission for hearing. On October 29, 1991, the Planning Commission unanimously approved Tentative Tract No. 15114 and Conditional Use Permit No. 90-74 based upon the Findings of Fact, Conditions of Approval and standard Requirements contained in the Planning Commission Staff Report (See Exhibit B - Planning Commission Staff Report.) i-0264 o o , ANALYSIS Soil Engineers ,Tests The applicant, at staff's request, asked the project soils engineer, Soil and Testing Engineers, Incorporated (STE), to address Councilman Maudsley's concern about the adequacy of the project soils testing. STE's response has been included as Exhibit C of this Staff Report. STE assumed that the stress level referred to by Councilman Maudsley is seismic acceleration. On page 14 of the subsurface geology report for the site, Gary Rasmussen & Associates, Incorporated estimates that a 7.5 magnitude earthquake along the San Andreas Fault, which traverses the site, would result in a maximum ground acceleration at the site of 0.66g. STE, on the other hand, used a value of 0.15g in their testing. As noted by STE, the acceleration value of 0.15g is considered a r@D@atabl@ horizontal ground acceleration, whereas, the 0.66 value predicted by Rasmussen is a maximum ~ value (not repeatable.) STE indicates that the 0.15g value was selected based upon the current Standard of Practice in the Geotechnical Community of Southern california. Of final note, following the prediction of 0.66g in the geology report, Rasmussen & Associates state that the value of 0.66, "should be not be used as a design value for insertion in the Uniform Building Code formula; rather, it should be considered as an aid in the evaluation of the structural design of the residential structures to be placed on the site." It can, therefore be concluded that the soils stability analysis prepared by STE on the site is not inconsistent with the subsurface geology report prepared for by Rasmussen & Associates or industry standard practice. Secondary Means of Access The proposed secondary standard means of access is by means of Via Vista and Hemlock Drive, to Willow Drive and Manzanita Drive, to Foothill Drive. Pursuant to Development Code Section 19.17.060(7)(C), hillside residential local streets shall not exceed 15% grade. Hemlock Drive has an existing grade of approximately 19%, 4% greater than allowed by Code. However, Hemlock Drive is an existing cul-de-sac street greater than 2,000 feet in length. There is no existing secondary means of access to Hemlock Drive. Tentative Tract No. 15114 will improve the existing situation on Hemlock Drive by providing a much needed secondary standard means of access to Hemlock. Both primary and secondary means of access were Engineering, Police, and Fire Departments at Review Committee (DRC) meeting of December 5, cleared the proposal for hearing by the Planning reviewed by the the Development 1991. The DRC Commission. o o OPTIONS AVATr.ABI,E TO THE MAYOR AND COUNCIL There are two qptions available to the Mayor and Common Council. 1. The Mayor and Council may deny the appeal and approve Tentative Tract No. 15114 and Conditional Use Permit No. 90- 74 subject to the Findings of Fact, Conditions of Approval and Standard Requirements contained in the Planning Commissions Staff Report of October 29, 1991; or, 2. The Mayor and Common Council may uphold the appeal and deny Tentative Tract No. 15114 and Conditional Use Permit No. 90- 74 and refer the item back to staff to develop negative Findings of Fact. RECOMMENDATION Staff recommends that the Mayor and Council deny the appeal and approve Tentative Tract No. 15114 and Conditional Use Permit No. 90-74 subject to the Findings of Fact, Conditions of Approval and Standard Requirements contained in the Planning Commission Staff Report of October 29, 1991. Exhibits Michael R. Finn, Associate Planner for A1 Boughey Director of Planning and Building Services A - Letter of Appeal B - Staff Report to the Planning Commission prepared by: C - Letter from Soils and Testing Engineers, Incorporated D - Official Notice of Public Hearing before the Mayor and Common Council CITY OF sANc5ERNARDINO - 6'IEMORANDUM To Ms. Rachel Krasney, City Clerk From Council Office Subject Protest of Tentative Tract #15114/ Planning Item 90-74 Date November 8, 1991 Approved Date I wish to protest the approval of tentative tract #15114, Planning Item 90-74, on the following basis: 1. The Soil Engineer's tests for shear factors was done at a stress level that was less than the stress level that was predicted by the geologist. 2. The secondary means of access crosses the San Andreas fault on Hemlock and since that street does not meet current design standards, due to its incline, this should be evaluated and considered in the appeal. 11\ Ida( MICHAEL MAUDSLEY Councilman, Fourth Ward MM:sr , -<:r ~ N Q.. ::0 I g c;.. ~ ~ CL: , , W 0: - P' (id ftU ;i-l:1xti/ief\., f3J{)'IULU1~ / .?QIC: 1'" .--"~---- -'. . ,..""'1; ~r'P"" - ~- fl. _ ,__ ....__ ~~ EXHIBIT "A" o o I, hereby, certify that this Statement of accurately reflects the final determination commission of the city of San Bernardino. ~f;fi7r-ifs Sig~ur~1 "' \ Al Bouahev. Director Name and Title Official Action of the Planning ~ I, /e 1 Da.1;e of Plannina and Buildina Services cc: Project Property Owner Project Applicant Building Division Engineering Division Case File WP PCACTIONA ':'C . JJ? ./ , , , JQ::[f':~~J . City of San Bernardino STATEMENT OF OFFICIAL PLANNING COMMISSION ACTION PROJECT Number: Tentative Tract No. 15114 and Conditional Use Permit ~o. 90-74 owner: Melcorp and Tahiti Group Mrs. Dorothy Leedom et al. Applicant: ACTION Meeting Date: October 29, 1991 X Adopted Mitigated Negative Declaration, Approved Mitigation Monitoring/Reporting Program (Attachment H), and Approved Request Based Upon Findings of Fact (Attachment B) and Subject to Conditions of Approval (Attachment C) and Standard Requirements (Attachment D) CONDITIONS This project was approved subject to the Conditions of Approval and Standard Requirements contained in Attachments C and D with a change to Standard Requirement No. 72 to read: 72. A storm drain shall be designed and constructed in Piedmont Drive from the Via Vista intersection to an outlet into Sand Creek or other drainage mitigation measures acceptable to the city Engineer. and the deletion of Standard Requirement No. 112. ~ Ayes: Nays: Abstain: Absent: Clemensen, Jordan, Lopez, Romero, Stone None None Cole, Lindseth, Ortega, Valles * In order tC'l reduce cooying cost!; of tre voJ.u:t:nous pages (Oller 225) of E'xhibits "B-D", only the staff report and Exhibit "A" are reprodooed In fuJ_t. Rerrein5ng e:d1.'.bits CL.--e avaj,].able f= review 5.n tre City Cler!:'s Office. Pac-.heI Krasney City Clerk o o J;;rn p{)c/~m -I- ~5 ()c/'p/~<; .5df' eo/Iv:! ~ (1p7> ,,/ j,uJ- ~-r7' /1/, ~,btU led /trt'/lf/c:.- 58, f~~/ ? g--r- tJ 7o() THE TAHITI GROUP Rcalllstate Developer. 577 North D Street P.O. 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