HomeMy WebLinkAbout15-Development Services
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James Funk, Director
Date: May 1,2001
Orl/"''1q ~L
n 11." II V f~
Subject: Final Environmental Impact
Report, GPA No. 01-01 and DCA No. 01-03
for the HUB Project at the northwest comer
of Tippecanoe Ave. & Interstate 10.
Dept: Development Services
MCC Date: May 21, 2001
Synopsis of Previous Council Action:
None
Recommended Motion:
That the Public Hearing be closed and the Mayor and Common Council:
. Adopt the resolutions that certify the Environmental Impact Report and Mitigation Monitoring and
Reporting Program,
. Adopt the Statements of Overriding Consideration,
. Certify the Traffic Impact Analysis, and
. Adopt General Plan Amendment No. 01-01 based on the Findings of Fact in the Planning
Commission staff report, and;
. Adopt the ordinance approving Development Code Amendment No. 01-03, based on the Findings of
Fact in the Planning Commission staff report.
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Contact person:
Margaret Park, EDA
Phone:
663-1044
Supporting data attached: Staff Report, Resolution, Ordinance Ward: 3
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
Agenda Ite
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT: Final Environmental Impact Report, Traffic Impact Analysis, General Plan
Amendment No. 01-01 and Development Code Amendment No. 01-03 for the HUB
Project
Mayor and Common Council meeting of May 21, 2001
Owner:
Various
Applicant:
Economic Development Agency
Hopkins/Pearlman Development
201 North "E" Street, Suite 301
San Bernardino, CA 92401
BACKGROUND:
On July 12, 1999, the Community Development Commission approved a Cooperation
Agreement with the Inland Valley Development Agency (IVDA) that authorized the City's
Redevelopment Agency to conduct redevelopment activities in the IVDA project area. The
Hopkins/Pearlman Development Group entered into an Exclusive Right to Negotiate with
the Economic Development Agency on August 2,1999. Although they are included in the
HUB project, In N Out Burger will be entering into a separate Owner's Participation
Agreement with the Agency for development of their new restaurant.
This redevelopment project, if all entitlements and documents are approved, will result in
the development of approximately 268,600 square feet of commercial space on 24.5 acres
located at the northwest corner of Tippecanoe Avenue and the San Bernardino Freeway (1-
10) within the CR-3 (Commercial Regional- Tri City/Club) Land Use District.
The proposed project will be developed in two phases. Phase I will consist of a 130,400-
square-foot Sam's Club with an unattended gas station, a 4S,OOO-square-foot general retail
building, the relocation ofIn N Out Burger from its present location at the northwest
comer of Rosewood Drive and Tippecanoe Avenue farther to the north, and two pad
buildings measuring from 5,000 to 10,000 square feet each. Phase II will consist of
buildings totaling 70,000 square feet, including two 25,000- to 30,000-square-foot retail
buildings and one pad building measuring from 5,000 to 10,000 square feet. Potential
tenants of these buildings are undefined at this time.
In order to accommodate the proposed commercial uses, existing on-site structures will be
cleared from the site. Persons currently residing within the limits of the project site will be
relocated.
A general plan amendment and development code amendment are also requested to modify
text in both documents to allow drive-thru restaurants in the CR-3, Commercial Regional-
Tri-City land use district with a conditional use permit. These amendments propose to
allow new drive-thrus in the CR-3 only on properties that have frontage on Tippecanoe
Avenue and that are south of Hospitality Lane. Currently, both the General Plan and
FEIR for the HUB
Page 2 of2
Development Code restrict the placement of drive-thru restaurants to the portion of the
CR-3 laod use district that is south ofInterstate 10.
At its meeting of April 17, 2001, the Planning Commission considered the General Plan
Amendment and Development Code Amendment. The Planning Commission
recommended approval of the EIR aod all entitlements on a 7 to 0 vote. Commissioners
Coute, Derry, DUff, Garcia, Sauerbrun, Thrasher and Welch were present and
Commissioners Enciso, Lockett and Ramirez were absent.
Refer to the Planning Commission staff report, Exhibit 2, for a complete discussion of the
project.
FINANCIAL IMPACT:
None; the Agency paid all General Plan Amendment, Development Code Amendment
and Environmental Impact Report application fees.
RECOMMENDATION:
Staff recommends that the Mayor and Common Council close the public hearing and:
. Certify Final Environmental Impact Report (EIR) SCH #2000081074
. Adopt the Statements of Overriding Consideration
. Adopt the Mitigation Monitoring and Reporting Program
. Certify the Traffic Impact Analysis
. Adopt General Plan Amendment No. 01-01, based on the Findings of Pact in the
Planning Commission staff report.
. Adopt Development Code Amendment No. 01-03, based on the Findings of Fact in
the Planning Commission staff report.
Exhibits:
1
2
3
4
5
6
Location Map
Conceptual Site Plao*
Planning Commission Staff Report*
Final Environmental Impact Report*
Statements of Overriding Consideration*
Resolution for Final Environmental Impact Report and General
Plan Amendment No. 01-01
Resolution for Traffic Impact Analysis
Ordinance for Development Code Amendment No. 01-03
7
8
*
Distributed under separate cover (May 5, 2001)
EXHffiIT 1
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO CERTIFYING
THE ENVIRONMENTAL IMPACT REPORT, ADOPTING THE
MITIGATION MONITORING PLAN, AND ADOPTING GENERAL
PLAN AMENDMENT NO. 01-01 FOR THE HUB PROJECT.
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SECTION 1. RECITALS
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(a)
WHEREAS, the Mayor and Common Council adopted the General Plan for the
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City of San Bernardino by Resolution No. 89-159 on June 2, 1989; and
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(b)
WHEREAS, on August 17,2000, the Environmental Review Committee
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determined that the proposed Disposition and Development Agreement to construct 268,600
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square foot retail project called "The HUB", and a General Plan Amendment and Development
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Code Amendment to allow drive-thru restaurants in the Commercial Regional- TriCity (CR-3)
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land use district could have a significant effect on the environment and thus warranted the
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preparation of an Environmental Impact Report pursuant to the California Environmental Qualit
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Act (CEQA); and
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(c)
WHEREAS, the City held a public scoping meeting on August 23, 2000 to solicit
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public comment on the preparation of the Draft EIR, and
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(d)
WHEREAS, the Notice ofIntent of the City to prepare a Draft Environmental
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Impact Report was made known to the public, responsible agencies and other interested persons
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for their concerns and comments from August 18, 2000 to September 18, 2000 as required by
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CEQA;and
(e)
WHEREAS, a Draft Environmental Impact Report was prepared to address the
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HUB Project which includes a Disposition and Development Agreement to construct a 268,600
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square foot retail project called "The HUB", and a General Plan Amendment and Development
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Code Amendment to allow drive-thru restaurants in the CR-3; and
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(I) WHEREAS, the Draft EIR was made available to the public, responsible agencies
2 and other interested persons for their review and comment from February 2,2001 to March 19,
3 2001 as required by CEQA; and
4 (g) WHEREAS, verbal and written comments were received on the Draft EIR; and
5 (h) WHEREAS, these comments were responded to both orally and in writing as
6 required by CEQA; and
7 (i) WHEREAS, the Planning Commission conducted a noticed public hearing on
8 April 17, 2001 in order to receive public testimony and written and oral comments on the HUB
9 Project which includes a Disposition and Development Agreement, General Plan Amendment
10 No. 01-01 and Development Code Amendment No. 01-03; and
11 (j) WHEREAS, the Development Services Department Staff Report dated April 17,
12 2001, which summarizes the potential effect of the HUB Project which includes text
13 amendments to the General Plan and the Development Code and the Disposition and
14 Development Agreement to construct approximately 268,600 square feet of commercial retail
15 space in two phases as identified in the Draft EIR and the FEIR were reviewed by the Planning
16 Commission; and
17 (k) WHEREAS, the proposed Mitigation Monitoring Plan was reviewed by the
18 Planning Commission in compliance with CEQA; and
19 (I) WHEREAS, the Planning Commission, after receiving public testimony,
20 recommended certification ofthe Environmental Impact Report, adoption of the Facts, Findings
21 and Statements of Overriding Consideration, adoption ofthe Mitigation Monitoring Plan,
22 adoption of the General Plan Amendment and adoption ofthe Development Code Amendment;
23 and
24 (m) WHEREAS, the Mayor and Common Council conducted a noticed public hearing
25 on May 21,2001 and fully reviewed and considered the Draft EIR, Final EIR, Mitigation
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Monitoring Plan, Facts, Findings and Statements of Overriding Consideration, the Planning
2 Division staffreports and the recommendation of the Planning Commission.
3 SECTION II. ENVIRONMENTAL IMPACT REPORT
4 NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED THAT THE
5 MAYOR AND COMMON COUNCIL HEREBY CERTIFY:
6 A. The Environmental Impact Report (EIR) for the HUB Disposition and
7 Development Agreement, General Plan Amendment No. 01-01 and Development
8 Code Amendment No. 01-03 has been completed in compliance with the
9 California Environmental Quality Act. The FEIR (including the Mitigation
10 Monitoring Plan) and all the evidence and information contained therein and the
11 Facts, Findings and Statements of Overriding Consideration are on file with the
12 City Clerk's Office. Attachment A (Text Changes to the General Plan),
13 Attachment B (Text Changes to the Development Code) and Attachment C (Site
14 Vicinity Map) are attached and incorporated herein by reference;
15 B. The EIR was presented to the Mayor and Common Council who have reviewed
16 and considered the information in the Final EIR prior to adopting the Disposition
17 and Development Agreement, General Plan Amendment No. 01-01 and
18 Development Code Amendment No. 01-03.
19 C. The Final EIR has identified all significant environmental effects ofthe
20 Disposition and Development Agreement, General Plan Amendment No. 01-01
21 and Development Code Amendment No. 01-03 and there are no known
22 potentially significant environmental effects not addressed in the Final EIR.
23 D. Although the Final ElR identifies certain significant environmental effects that
24 would result if the Disposition and Development Agreement, General Plan
25 Amendment No. 01-01 and Development Code Amendment No. 01-03 are
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E.
F.
G.
adopted, all significant effects that can feasibly be avoided or mitigated will be
avoided or mitigated by the implementation of the mitigation measures as set
forth in the Mitigation Monitoring Plan for the Final EIR. The Mitigation
Monitoring Plan and all information contained therein is included in the FEIR and
incorporated herein by reference;
Potential mitigation measures and other project alternatives not incorporated into
or adopted as part of the Disposition and Development Agreement, General Plan
Amendment No. 01-01 and Development Code Amendment No. 01-03 were
rejected as infeasible, based on specific economic, social or other considerations
as set forth in the Facts, Findings and Statements of Overriding Consideration.
The Facts, Findings and Statements of Overriding Consideration and all the
evidence and information contained therein are on file in the City Clerk's Office
and incorporated herein by reference;
The Mayor and Common Council have given great weight to the significant
unavoidable adverse environmental impacts. The Mayor and Common Council
find that the significant unavoidable adverse impacts are clearly outweighed by
the economic, social, cultural and other benefits of the Disposition and
Development Agreement, General Plan Amendment No. 01-01 and Development
Code Amendment No. 01-03, as set forth in the Facts, Findings and Statements of
Overriding Consideration.
The findings contained in the Facts, Findings and Statements of Overriding
Consideration with respect to the significant impacts identified in the Final EIR
are true and correct, and are based upon substantial evidence in the record,
including documents comprising the Final EIR.
.4.
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H.
The Final Environmental Impact Report, Mitigation Monitoring Plan and the
Facts, Findings and Statements of Overriding Consideration reflect the
independent review, analysis and judgment of the City of San Bernardino.
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5 SECTION III. FINDINGS
6 BE IT FURTHER RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
7 THE CITY OF SAN BERNARDINO THAT:
8 A. The proposed text amendment to allow drive-thru restaurants in the CR-3 land use
9 district is internally consistent with the General Plan in that it meets Objective 1.17 which
10 encourages the City to continue to develop region-serving uses in the CR-3 while allowing uses
11 that are of benefit to travelers.
12 B. The proposed text amendment to allow drive-thru restaurants in the CR-3 land use
13 district would not be detrimental to the public interest, health, safety, convenience, or welfare of
14 the City in that the drive-thru restaurants will only be allowed on parcels that front on
15 Tippecanoe Avenue, south of Hospitality Lane and will be developed as part of the overall HUB
16 project, thus ensuring safe access, consistent architecture and a convenient location within the
17 entire project. All development will be in accordance with all mitigation measures identified in
18 the EIR and contained within the Mitigation Monitoring Program and any subsequent
19 approvals/permits required to implement the project.
20 C. The proposed text amendment to allow drive-thru restaurants in the CR-3 land use
21 district would not affect the balance ofland uses within the City in that the amendment only
22 allows an additional use in the CR-3 land use district for limited parcels and does not change the
23 underlying land use designation.
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SECTION IV. CERTIFICATION OF THE ENVIRONMENTAL IMPACT REPORT
2 NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED by the Mayor
3 and Common Council that the Environmental Impact Report is certified, the Facts, Findings and
4 Statements of Overriding Consideration are adopted and the Mitigation Monitoring Plan is
5 adopted.
6 SECTION V. AMENDMENTS
7 NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON
8 COUNCIL OF THE CITY OF SAN BERNARDINO THAT:
9 A. The Land Use Element of the General Plan of the City of San Bernardino is
10 amended by changing the text of and adding text to Policy 1.17.10 and Table 4 for the HUB
11 Project site. A copy ofthe text for Policy 1.17.10 and Table 4 is attached hereto as Attachment
12 A and incorporated herein by reference. The 24.5-acre HUB Project site is shown on the Site
13 Vicinity Map that is attached hereto as Attachment C and incorporated herein by reference.
14 B. The text amendments described in Section V., Subsection A., are designated as
15 General Plan Amendment No. 01-01 and shall take effect upon the approval of the HUB Project
16 (et al) by the Mayor and Common Council.
17 SECTION VI. TEXT CHANGE
18 This resolution and the amendment affected by it shall be inserted in an appropriate
19 location in the Land Use Element of the General Plan which has been previously adopted and
20 approved by the Mayor and Common Council and which is on file in the office of the City Clerk.
21 SECTION VII. NOTICE OF DETERMINATION
22 The Planning Division is hereby directed to file a Notice of Determination with the
23 County of San Bernardino Clerk of the Board of Supervisors certifying the City's compliance
24 with the California Environmental Quality Act in preparing and adopting the Environmental
25 Impact Report, Facts, Findings and Statements of Overriding Consideration and Mitigation
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Monitoring Plan.
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A copy of the Notice of Determination will be forwarded to the State
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RESOLUTION OF THE CITY OF SAN BERNARDINO CERTIFYING THE
ENVIRONMENTAL IMPACT REPORT, ADOPTING THE MITIGATION
MONITORING PLAN, AND ADOPTING GENERAL PLAN AMENDMENT NO.
01-01 FOR THE HUB PROJECT.
3
4
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5
Common Council of the City of San Bernardino at a
meeting thereof, held on the
6
day of
,2001, by the following vote to wit:
7
Abstain
Absent
Navs
Council Members:
Aves
8
ESTRADA
LIEN
MCGINNIS
SCHNETZ
SUAREZ
ANDERSON
MC CAMMACK
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Rachel G. Clark, City Clerk
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18 The foregoing resolution is hereby approved this
day of
,2001.
19
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Judith Valles, Mayor
City of San Bernardino
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Approved as to form and Legal Content:
22
James F. Penman
23 City Attorney
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ATTACHMENT A
c. Region-Serving Commercial: Tri-City/Commercenter and Club Area
Obiective
1.17 Continue and expand the Tri-City/Commercenter and Club areas as region-
serving mixed use centers; capitalizing on their location along the Interstate 10
corridor, and establishing a well-defined linkage to the City's major commercial and
industrial districts and residential neighborhoods.
Policies
It shall be the policy of the City of San Bernardino to:
Permitted Uses
1.17.l 0
Permit a diversity of region-serving uses including corporate and
professional offices, retail commercial, entertainment (theaters,
nightclubs, etc.), financial establishments, restaurants, (@xGludiag drive
thrus in the Tri City/Camm@r{1@!lt@r area anly), hotels/motels, ware-
house/promotional retail, supporting retail and services, and similar uses
in areas designated as "Commercial Regional-Tri-City/Commercenter and
Club" area (CR-3) (11.1).
1.17.11
Permit research and development, high technology, and other business
park uses, adjacent to and integrated with existing similar uses (11.1).
1.17.12
Allow for the development of outdoor dining (11.1).
~
CG-4
CommercW Regional
CR-1
CR-2
CR-3
CR-4
Commercial Heavy
CH
TABL1l4 (ConL)
Location!s)
Development
Intensily /Densitv
Principal Uses
"Theme/Specialty Centers": Umited CG-1 uses; emphasis on FAR 1.0
Mount Vernon Avenue "specialty'" retail, restaurants,
between 4th and 8th Streets, theaters, cultural facilities, and
Railroad Depot and adjacent social service uses and excluding
properties, and others as sub- furniture stores, "chain" supennarkets,
sequently defined. and drugstores, and building materials
and Supplies.
Central City and Inland
Center Malls
Department store anchors with
supporJlng retail, restaurants, enter-
tainment, banks, and similar Uses.
FAR 1.5
Downtown
Government, professional, and Commercial and office:
corporate offices; hotel and convention FAR 3.0
facilities; entertainment; cultural/historiC; Residential: 54 du/
supporting retai1 uses; restaurants; gross acre.
and residential (market-rate and Residential vertically
senior/ congregate care). integrated with
commercial: +FAR 1.0.
Senior/Senior Congregate
Care: 108 du/acre
maximum.
Tri-City /Comrnercenter and Corporate offices, research and
"Oub" Areas development, hotel and motel,
restaurants (euelllaifLg aWlS thluo in
tl"" T..: €il) /Q.UJI I.S_tar ii'lrva
~,entertainment, warehouse
retail, and supporting retail.
Auto Plaza Area Automobile sales and related uses.
Commercial: 0.7
Office and overnight
accommodations:
FAR 3.0
R&:D: FAR 1.5
FAR 0.7
Locations throughout the
City.
Commen:ial uses that require out-
door sales, display, and/or storage
areas (e.g., auto and truck repair
facilities, lumberyards, and
related building materials and
hardware sales, plant nurseries),
light Industrial manufacturing and
storage facilities, excludes typical
neighborhood commercial uses.
FAR 0.7
1-29
ATTACHMENT B
COMMERCIAL DISTRICTS - 19.06
K. CR-3 (COMMERCIAL REGIONAL-TRI-CITY/CLUB) DISTRICT
This district is intended to permit a diversity of regional-serving uses including
corporate and professional offices, retail commercial, entertainment (theaters,
nightclubs, etc.), financial establishments, restaurants (e*ekKIiHg drive lh.-us in the
Tri City.'Cammereemer area aBly), (drive-thrus south of 1-10 and adjacent to
Tippecanoe Avenue between Hospitality Lane and 1-10 only) hotels/motels,
warehouse/promotional retail, supporting retail and services, and similar uses.
L. CR-4 (COMMERCIAL REGIONAL-AUTO PLAZA) DISTRICT
This district is intended to provide for the development of new and used
automobile and truck sales and related retail and service uses in the Auto Plaza
area.
M. CCS-l (CENTRAL CITY SOUTH) DISTRICT
This district is intended to permit general retail type uses. Standards are contained
in Chapter 19.13.
N. CCS-2 (CENTRAL CITY SOUTH) DISTRICT
This district is intended to permit service commercial uses. Standards are
contained in Chapter 19.13.
O. CCS-3 (CENTRAL CITY SOUTH-FLOOD CONTROL CHANNEL)
DISTRICT
This district is intended to provide for the flood control channel. Standards are
contained in Chapter 19.13.
P. CH (COMMERCIAL HEAVY) DISTRICT
This district is intended to accommodate automobile and truck sales and repair
facilities, lumberyards, and related hardware sales, plant nurseries, light industrial
manufacturing and storage facilities, and similar uses requiring extensive outdoor
or indoor space for their sales, service, and/or storage, excluding neighborhood
commercial uses.
Q. OIP (OFFICE INDUSTRIAL PARK) DISTRICT
This district is intended to establish the Waterman Avenue corridor and other
appropriate areas as distinctive office industrial parks and corporate centers
serving City and regional needs. Supporting retail/commercial services may be
located in Corporate Office Industrial Park structures.
11-62
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12198
COMMERCIAL DISTRICTS - 19.06
cashier location shall provide direct visual access to the pump islands and
the vehicles parked adjacent to the islands.
12. A bicycle rack shall be installed in a convenient location visible from the
inside of the store.
13. Each convenience store shall provide a public restroom located within the
store.
14. Public pay telephones provided on-site shall not be set up for incoming
calls. Public telephones shall be featured with call out service only.
15. On-site video games may not be installed or operated on the premises.
16. A convenience store adjacent to any residentially designated district shall
have a 6 foot high decorative masonry wall along property lines adjacent to
such districts.
17. All parking, loading, circulation aisles, and pump island bay areas shall be
constructed with (PCC) concrete.
H. DAY CARE CENTERS
Refer to Section 19.04.030(2)(B).
I. DRIVE-THRU RESTAURANTS
This Section contains standards for drive-thru restaurants as well as prohibition of
same in specified land use districts. Drive-thru restaurants are subject to
Conditional Use Permit review.
1. Establishments providing drive-thru facilities may be permitted in the
CG-l, CG-2, CG-3, CG-4, and CR-3 (south of 1-10 only and adjacent to
Tippecanoe Avenue between Hospitality Lane and 1-10 only) land use
districts .
2. Pedestrian walkways should not intersect the drive-thru drive aisles, but
where they do, they shall have clear visibility, and they must be
emphasized by enriched paving or striping.
3. Drive-thru aisles shall have a minimum 12 foot width on curves and a
minimum 11 foot width on straight sections.
4. Drive-thru aisles shall provide sufficient stacking area behind menu board
to accommodate a minimum of 6 cars.
5. All service areas, restrooms and ground mounted and roof mounted
mechanical equipment shall be screened from view.
11-92
7/97
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A IT ACHMENT C
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l
RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO CERTIFYING
THE TRAFFIC IMPACT ANALYSIS REPORT FOR THE HUB PROJECT
3 PURSUANT TO THE CONGESTION MANAGEMENT PLAN
4
5
SECTION 1. RECITALS
6
(a)
WHEREAS, on November 3, 1993 the San Bernardino Associated Governments
7
adopted the Congestion Management Plan (CMP) pursuant to California Government Code
8
Section 6S089.3(a) which requires the county and cities to adopt and implement "a program to
9
analyze the impacts ofland use decisions, including an estimate of the costs associated with
10
mitigating these impacts" on the CMP network of roadways; and
11
(b)
WHEREAS, the Mayor and Common Council adopted a Land Useffransportation
12
Analysis Program for the City pursuant to the CMP for the City of San Bernardino by Resolution
13
No. 93-74 on March 22,1993; and
14
(c)
WHEREAS, on August 17, 2000, the City determined that the proposed HUB
15
Project development would exceed the threshold of 250,000 square feet of commercial/retail
16
space established in the City's Resolution No. 93-74 and thus warranted the preparation of a
17
Transportation Impact Analysis (TIA) Report pursuant to the Congestion Management Plan
18
(CMP); and
(d)
WHEREAS, a Draft TIA Report was prepared to address the traffic impacts of the
19
20
HUB Project on designated CMP roadways and Freeways, appropriate mitigation and fair share
21
contribution toward CMP roadway and Freeway improvements; and
22
(e)
WHEREAS, the Draft TIA Report was made available to the various regional and
23
sub-regional agencies and to the adjacent jurisdictions for their review during a 2 I-day review
24
period which began on December 15,2000 and ended on January 4, 2001 as required by the
25
CMP; and
-1-
P:\Development Depl\MargarCI\The HUB\T1A Resolution.doc
(f) WHEREAS, verbal and written comments were received on the Draft TIA Report
2 and responded to via changes to the Draft TIA Report; and
3 (g) WHEREAS, the Mayor and Common Council conducted a noticed public hearing
4 on May 21, 2001 and fully reviewed and considered the Draft TIA Report, the Planning Division
5 staff report and the recommendations of the Development Services Department.
6 SECTION II. TRAFFIC IMPACT ANALYSIS REPORT
7 NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED BY THE
8 MAYOR AND COMMON COUNCIL THAT:
9 A. The TIA Report for the HUB Project has been completed in compliance with the
10 regional CMP and the City's Land Useffransportation Analysis Program and found to be
II consistent with the regional Congestion Transportation Plan model. The TIA Report and all the
12 evidence and information contained therein is attached hereto as Attachment A (Draft TIA
13 Report) and incorporated herein by reference.
14 B. The TIA Report was presented to the Mayor and Common Council who reviewed
15 and considered the information in the land use decision and traffic impact mitigation process
16 prior to approving the HUB Project (General Plan Amendment No. 01-01 and Development
17 Code Amendment No. 01-03 considered.
18 C. The TIA Report has identified all of the HUB Project's traffic impacts to
19 designated CMP roadways and Freeways, the appropriate mitigation and fair share contribution
20 toward CMP roadway and freeway improvements.
21 D. All ofthe HUB Project's traffic impacts can be mitigated by the implementation
22 of the mitigation measures as identified in the TIA Report.
23 E. The HUB Project's estimated fair share contribution is $5,062,216 for CMP
24 roadway improvements and $357,516 for freeway improvements.
25
-2-
P:\Development Dept\Margaret\The HUB\TIA Resolution doc
F. The Mayor and Common Council have given great weight to the project's traffic
2 impacts to designated CMP roadways and freeways, the appropriate mitigation and fair share
3 contribution toward CMP roadway and freeway improvements. The Mayor and Common
4 Council have agreed to find and set aside funding for the HUB Project's estimated fair share
5 contribution for freeway and interchange improvements to be paid when Caltrans completes the
6 Interstate 10/Tippecanoe interchange design and it is funded through the RTIP Program.
7 SECTION III. CERTIFICATION OF THE TRAFFIC IMPACT ANALYSIS REPORT
8 NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED by the Mayor
9 and Common Council that the Traffic Impact Analysis (TIA) for the HUB Project (Disposition
10 and Development Agreement, General Plan Amendment No. 01-01 and Development Code
11 Amendment No. 01-03) is certified.
12 fill
13 fill
14 fill
15 Jill
16 fill
17 lilt
18 fill
19 fill
20 fill
21 fill
22 fill
23 fill
24 fill
25 Jill
-3-
P:\Devclopmcnl Dept\Margarec\The HU8\TIA Resolution.doc
RESOLUTION OF THE CITY OF SAN BERNARDINO CERTIFYING
THE TRAFFIC IMPACT ANALYSIS REPORT FOR THE HUB PROJECT
2 PURSUANT TO THE CONGESTION MANAGEMENT PLAN
3
4
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5
Common Council of the City of San Bernardino at a
meeting thereof, held on the
6
day of
, 200 I, by the following vote to wit:
Council Members:
Abstain
Absent
Ayes
Nays
7
8
ESTRADA
LIEN
MCGINNIS
SCHNETZ
SUAREZ
ANDERSON
MC CAMMACK
9
10
11
12
13
14
15
Rachel G. Clark, City Clerk
16
17 The foregoing resolution is hereby approved this
day of
,2001.
18
19
20
Judith Valles, Mayor
City of San Bernardino
21
Approved as to form and Legal Content:
22
23
James F. Penman
City Attorney
24
By: L 1-. f~
o
25
-4-
P:\Development Depl\Margaret\The HUB\T1A Resolution,doc
c: 1
2
3
4
5
6
7
8
9
c:
c:
~(Q)~W
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO MODIFYING
CHAPTER 19.06 (COMMERCIAL DISTRICTS) OF THE SAN BERNARDINO
MUNICIPAL CODE (DEVELOPMENT CODE) TO ADD TEXT ALLOWING DRIVE-
THRU RESTAURANTS IN THE CR-3 LAND USE DISTRICT.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 19.06, Sections 19.06.010(2)(K) and 19.06.020 Table 06.01(0)(4)
and Table 06.03(1), and Section 19.06.030(2)(1)(2) of the Municipal Code (Development Code)
are amended to allow drive-thru restaurants in the CR-3 as shown in Exhibit A attached hereto
10
11
and incorporated herein by reference.
1111
12
13 1111
14 1111
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1
(~
c:
/--
\..,
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO MODIFYING
CHAPTER 19.06 (COMMERCIAL DISTRICTS) OF THE SAN BE~ARDINO
2 MUNICIPAL CODE (DEVELOPMENT CODE) TO ADD TEXT ALLOWING DRIVE-
3 THRU RESTAURANTS IN THE CR-3 LAND USE DISTRICT.
I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
4
5 Common Council of the City of San Bernardino at a
6
7
8
meeting thereof, held
on the
day of
, 2001, by the following vote to wit:
ABSTAIN
ABSENT
Council Members:
AYES
NAYS
9 ESTRADA
10 LIEN
11 MCGINNIS
12
SCHNETZ
13
14
15 ANDERSON
SUAREZ
16 MC CAMMACK
17
18 City Clerk
19 The foregoing ordinance is hereby approved this day of
20 200 1.
21
22
JUDITH V ALLES, Mayor
City of San Bernardino
23 Approved as to form
24 and legal content:
25
26
JAMES F. PENMAN
City Attorney
27 By: ~~ 1-. t~
28 U
2
C-
."
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EXHffiIT A
COMMERCIAL DISTRICTS - 19.06
K.
CR-3 (COMMERCIAL REGIONAL- TRI-CITY/CLUB) DISTRICT
This district is intended to permit a diversity of regional-serving uses including
corporate and professional offices, retail commercial, entertainment (theaters,
nightclubs, etc.), financial establishments, restaurants (exellllHBg drive dIfus iB the
Tri City/CaHllReFeeRter area aBly), (drive-thrus south of 1-10 and adjacent to
Tippecanoe Avenue between Hospitality Lane and 1-10 only) hotels/motels,
warehouse/promotional retail, supporting retail and services, and similar uses.
L. CR-4 (COMMERCIAL REGIONAL-AUTO PLAZA) DISTRICT
This district is intended to provide for the development of new and used
automobile and truck sales and related retail and service uses in the Auto Plaza
area.
M. CCS-l (CENTRAL CITY SOUTH) DISTRICT
This district is intended to permit general retail type uses. Standards are contained
in Chapter 19.13.
N. CC8-2 (CENTRAL CITY SOUTH) DISTRICT
This district is intended to permit service commercial uses. Standards are
contained in Chapter 19.13.
O. CCS-3 (CENTRAL CITY SOUTH-FLOOD CONTROL CHANNEL)
DISTRICT
This district is intended to provide for the flood control channel. Standards are
contained in Chapter 19.13.
P. CH (COMMERCIAL HEAVY) DISTRICT
This district is intended to accommodate automobile and truck sales and repair
facilities, lumberyards, and related hardware sales, plant nurseries, light industrial
manufacturing and storage facilities, and similar uses requiring extensive outdoor
or indoor space for their sales, service, and/or storage, excluding neighborhood
commercial uses.
Q.
OIP (OFFICE INDUSTRIAL PARK) DISTRICT
This district is intended to establish the Waterman Avenue corridor and other
appropriate areas as distinctive office industrial parks and corporate centers
serving City and regional needs. Supporting retail/commercial services may be
located in Corporate Office Industrial Park structures.
ll-62
7/97
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12198
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COMMERCIAL DISTRICTS - 19.06
cashier location shall provide direct visual access to the pump islands and
the vehicles parked adjacent to the islands.
12.
A bicycle rack shall be installed in a convenient location visible from' the
inside of the store.
13.
Each convenience store shall provide a public restroom located within the
store.
14.
Public pay telephones provided on-site shall not be set up for incoming
calls. Public telephones shall be featured with callout service only.
15.
On-site video games may not be installed or operated on the premises.
16.
A convenience store adjacent to any residentially designated district shall
have a 6 foot high decorative masonry wall along property lines adjacent to
such districts.
17.
All parking, loading, circulation aisles, and pump island bay areas shall be
constructed with (PCC) concrete.
H.
DAY CARE CENTERS
Refer to Section 19.04.030(2)(B).
I.
DRIVE-THRU RESTAURANTS
This Section contains standards for drive-thru restaurants as well as prohibition of
same in specified land use districts. Drive-thru restaurants are subject to
Conditional Use Permit review.
1. Establishments providing drive-thru facilities may be permitted in the
CG-l, CG-2, CG-3, CG-4, and CR-3 (south of 1-10 only and adjacent to
Tippecanoe Avenue between Hospitality Lane and 1-10 only) land use
districts .
2. Pedestrian walkways should not intersect the drive-thru drive aisles, but
where they do, they shall have clear visibility, and they must be
emphasized by enriched paving or striping.
3. Drive-thru aisles shall have a minimum 12 foot width on curves and a
minimum 11 foot width on straight sections.
4.
Drive-thru aisles shall provide sufficient stacking area behind menu board
to accommodate a minimum of 6 cars.
5.
All service areas, restrooms and ground mounted and roof mounted
mechanical equipment shall be screened from view.
ll-92
7/97
.~~"". -
'':';~'
~. . ~ r.xo:t.D1.t: A
~':**FOR OFFICE USE ONLY - NOT'A PUBLlCDOCUMENTu."
.~~~t~"!. . 1, ::.'~~1;i~.. ~ :~~'tf:!~ff~:':; .' <--'_:--~~':~~:::~"~',;~:: -~':_~~'7~'~_~f.~t:-::1~~;;~;~;<'{
. ,,-' CITY OF SAN BERNARDINO :.'ci1:v CLERK'S OFFICE .-'-;~M'.'.
".. RECORDS & INFORMATION MANAGEMENT PROGRAM
AGENDA ITEM TRACKING FORM
Meeting Date/Date Adopted: t., - v- o(
Resolution/Ordinance No. /YJ L - 10 q 'i?"
Effective Date: '7- s: -0 I
Vote: Ayes: / - 7
Abstai", ~
Date Sent to Mayor: t;. -~ - 0 I
Date of Mayor's Signature: 6-~~o I
Date Summary Sent to Attorney: t, -S- 0 I
""" ""bl;....~Oj;,
Meeting Type: 7/ i... j
Continued Fro 0 & Item No.
Item No.
I~
~
Ordinance Urgency: Yes
Termination/Sunset Date:
Nays:
Absent:
-cr
~
(, - s-- 0 (
6 - s -0 (
Date Returned from Mayor:
Date of Clerk's Signature:
Date Summary Returned from Attorney:
Date Seal Impressed:
o -S-o (
Date Sent for Signature:
Expiration Date:
Copies Distrib~:
1; S'. 't ..Ja-.
To Whom:
LI'1
Exhibits Complete & Attached to Resolution/Ordinance:
Rem i nder Letter Sent:
Reminder Letter Sent:
Reminder Letter Sent:
Request for Council Action & Staff Report Attached:
Notes: ~p';~ /d_ - ~
Yes
fti/S-/q e,)...;
( -
No
Ready to File:
Date:
DOC1JMfNT tOCA l1Of+.
~AIIfIda ...T.....fonft.CCFomlN& 111.t..UpdUed: 1210411'"