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HomeMy WebLinkAbout15-Development Services 4 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. ~sf:^L 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 110. IS- U l'fIDI . 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 w > ir Z Q Q ..J 0 0 Ii ~ w Q a: II: :> W .).. :3 a: ,.. - m -.J ;! ii: U) 0 J: fi c o o " .~ Cl c o 1;; "S o () ":rI 30N":rI03ddl.L . . -' ...i D.. Z <l: :z II: II: <l: !:i iii II: Q Z ~ 9nU9^" ueWJ9JeM " ~(Q)~W 2 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. 3 4 5 SECTION 1. RECITALS 6 (a) WHEREAS, the Mayor and Common Council adopted the General Plan for the 7 City of San Bernardino by Resolution No. 89-159 on June 2, 1989; and 8 (b) WHEREAS, on August 17,2000, the Environmental Review Committee 9 determined that the proposed Disposition and Development Agreement to construct 268,600 10 square foot retail project called "The HUB", and a General Plan Amendment and Development 11 Code Amendment to allow drive-thru restaurants in the Commercial Regional- TriCity (CR-3) 12 land use district could have a significant effect on the environment and thus warranted the 13 preparation of an Environmental Impact Report pursuant to the California Environmental Qualit 14 Act (CEQA); and 15 (c) WHEREAS, the City held a public scoping meeting on August 23, 2000 to solicit 16 public comment on the preparation of the Draft EIR, and 17 (d) WHEREAS, the Notice ofIntent of the City to prepare a Draft Environmental 18 Impact Report was made known to the public, responsible agencies and other interested persons 19 for their concerns and comments from August 18, 2000 to September 18, 2000 as required by 20 CEQA;and (e) WHEREAS, a Draft Environmental Impact Report was prepared to address the 21 22 HUB Project which includes a Disposition and Development Agreement to construct a 268,600 23 square foot retail project called "The HUB", and a General Plan Amendment and Development 24 Code Amendment to allow drive-thru restaurants in the CR-3; and 25 -1- ~:',I'Io..i.I'RfC"\<'l.ll~'I\EIll.MMRPRo," J..... (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 -2- S,\I'\u....\RFC^'iI~.II"'l\E1RMMll.PIlo..l_.... 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 -3- S,'PI......IRfCA'lIJ.ll...lIElRNIolllPReooU.. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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. "\PIoa."I'Rf"A"'.ll~"\EllMMRPIt.o..Jdo< 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. 2 3 4 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. 24 25 -5- S".P1_I\!IJ'C"\IIS.ll-'>l'8R"'.....PR."'J...... 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 -6- S,'I'I.....~'Jl.f<:^"".ll~'I\E111MMRPll...l_.... Monitoring Plan. 2 Clearinghouse. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A copy of the Notice of Determination will be forwarded to the State -7- Sc'I'\aM;.IIRJ'CA"'I_11-'1I\E1IlMMIU'R...,.oJo< 2 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 9 10 11 12 13 14 15 16 Rachel G. Clark, City Clerk 17 18 The foregoing resolution is hereby approved this day of ,2001. 19 20 Judith Valles, Mayor City of San Bernardino 21 Approved as to form and Legal Content: 22 James F. Penman 23 City Attorney 24 25 -8- S:._,,;.t\MFC^"'I.ll~"'ElRMMRP!l...J.'" 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 7197 '" UM U '" U- U == U c::... U c::'" U C::M U c::_ U ,-,"" U~ ... '-'", U CIl f;I;l CIl '-' M ;:JU ~ '-' '-' on jIIIlIIl U;::; E ~ 8M f;I;l llo..o .... 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Ul8:;&l0l Q o 0 QUO o 0 QUOu QUO QUO QUOU OUOU QUOU >, " '" co .... , .... '0 C .. .. c .. ....l .~ ;; - '6. .. '" == c ... ... ! .. .0 ... " c .. ~ < .. o c .. u .. Cl. Cl. E: '" - - c .. u .. :;' .. '0 C .. 11 OUOU Q 0 Q 0 o 0 .. ! '" ~ 8 !.. 2~ ~~ u 1l~~ 'O_Qo5 l;j 5 '" .~ ~",z~ ;g <:: , ~ j i i H U!l !l .~is s "il.~ :J :J QZC::~ o - , .... .... '" ~ !!' .....;M("'\~ COMN l.CIAL DISI'RICTS - 19.06 CI) ~ < Q Z < Eo< CI) U - "" - U [;ol j:l., CI) ~ u i:i! ~ - Q ...:l < - ~ Eo< CI) ~ - Q Z < ...:l < - ~ :!: :!: o u '" .. .. '"b. <Xl N .. .. .. .. .. .. .. ::l - .. ell N .. .. (J (J - .. .. .. .. .. .. .. W .. .. .. .. - :: .. .. .. .. .. .. == .. .. .. .. .. .. c.. 0 " " " " " ::c " " " " " " " " " " (J ,. 0:: " " " .. " " " (J '" , -.. " -" .. 0:: " " " " " (J N , " " 0:: " " " " .. .. .. .. .. .. .. " .. (J "7 0:: " .. .. " " " (J ,. t:l .. .. .. " .. .. .. .. " .. (J '" , .. t:l .. .. " .. .. " .. .. (J N , .. .. .. t:l .. .. " " .. .. .. " " " .. (J ollN.... - , .. .. .. .. 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'C "0 .. ~ ~ " .- ,,0:: ell < <:::i < < < Cl (J C c .5::E " " " 0:: ~::c en ~ ~ ;;;&l ;;;8 ;;;~::E < a:i U c.i ul ~ ci == ..: ..; :.! ..J :2 zo c: 6 Ii ui~ ;:j :> ~ a ..c c:> [;ol ...:l = < Eo< ~-) 1 ~ f J- i J <:) 32 [11 <~ 1 t \.:: -+ 1 ~ ~n ~ 1 ~ '" u ~~ to ,.. ..", ~~~~~ IN. 1_ --t'l"If'I." ~:!iUi5! iuuuu rll::E::E::E::E -"......,. J ll.sO 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 c o {!l .~ Cl a: Q a: w it m ~ "5 8 N/30N ~ - -J ~ a: (/) o ::r: ~ .s 03ddl.L Z ...l ...i a.. z <( :E a: a: <( w z ~ anua^" ueWJaleM A IT ACHMENT C ~I ~(Q)~W 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- ." c: c: 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 (' ~N e:l e:l .U '" U- IU . e:lUe:l U 0 = IU e:l e:l U ~" ~'" U e:lUe:l'U ~N U IU ,~ e:lUe:l 'U 1lI:_ , , e:lUe:l U , 0 "Po. IU e:lUe:lU U'" ~ "", IU I e:lUe:lU U ... ;; Q U IUUU e:lUe:lU = - ...lo ~ UU e:lUe:lU " .. Eo< .. " .... .. ~ 8M e:l e:l o-l E ~ ;; ;1:: 0_ e:l e:l ... [;rooU ~ 0 Eo<Z e:l le:l " .. (llU i ~ (ll ].;j ..0 Eo< jg - .. " U "" " " ~ ]'~~ .. j:€l...8 ~ < ...~- .ll .. (ll il: 0 " e ".~ '" Q .... ,glS]: "'-s '" ~ " ~ .. '" .;: -s ... " e It:.J:! il 3 :~ S'f< ~..o. ~ 0'- ... '" " ,. ... :=~-~-8 ~ '" lS'l:l l~~~ i=< ..Cl <> I :;: -5" " ~;8!l~r l'-< :a'S . '0 '" 0 - 1Il il: i.~': ~ il il:!l . - i ..Cl B 0 ,. " :JfJ-:'=u ~ rt~ 'S (J U.c .. il '-'l:l rl ~~~~ u 'll :f :;:.;: ~ .. 'l:l 8' :0 ~~~'::'~'il: .;:: - ~ u~ "'S 8 l!=~:gl.l fi1 5 0'- .. >- ~ ~ '" !!!~:<;:~ ~ u t: :o~gju~ ~..o ~. " > . l!-.,1;!l.s 0_] a ~.. 9 I~!~ .. ~ f:: ~~~. 1l.l :t"'o g . .s:;!] 11 U ri~~~ . :3 ~'lS.~ ~~fi; <( 'il 1t1";; S -=PocU = j~~~J e e ~. =~ - III 'I.[~t] " -- 0 .~~jr8 ~Zl>i:~ - '" ... ~ ;:J 0 Q u~l:;!] ....:N<"'i~.n &'l8lS ~ ....;N~...t ~ j 0 u ci !!' . .. ~(>~ : ~ ~ u S .... u ~ CI.l ~ U ; t is ..:l <: ; <; .... ~ <: ..:l <: .... ~ f;l;"l ~ o u c: "'.... U U_ .., o U .... o U all'/" _ 0 '0 8u ~ o U ~ \0 Q f;l;"l ..:l = ES .. .. .. .. '" - :r: - == "')01 '" o :r: .. U ;'; U .. .. .. .., &: U .... &: U .. .. .. - &: U "'t o U .. .. .. .. .. .. - o U z U .. .. ~ ~ Q u U ~ I r I~ ~ ..J';;;.!l 0_ :J- 0:0 :Sll:lo2U~ &l-3'Bu.~g "'"<I_.Ill::" "'<<..J<< .. .. .. .. .. -.. .. .. .. COMP{ tCIAL DISTRICTS - 19,06 .. .. .. .. .. .. .. .. .. .... .. .. .. .. .. .. .. .. .... .. .. .. .... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .... .. .. -.. .. .... .. .. .. ~ ~..c ..c ..c ~)( ~ .. .... .. .. .. .... .. ..c ..c)o( >< .. .. .... .. .. .. .. .. .. .. )( )( l< l< l< l< a< )( .. .. .. on.. .. .... .. .. ~ ..c >< ~ .. .. ~ .. ~ ~ i e 0 l'! 5 i5.c:iil~& ,g.~ H c:l e il:r:.E!~F c IlI'J U I o ,,~ ~ =CJ:~ilI.C <.gUQQ .. .. .. .. .. .. .. .. .. .. .. "tIC..c a< .. i.., l!! ~ .~~ .....:E-e eai~ ~ rl~o .SUg ~~.li";'8~ ~ ~ .= .= Ie l'! g;':; IS 00 8~ e~=!l~.;'i1l~:;li3~~ '3li3~ t'o"<lliO~~~-~""='~~'~l!! ::" ~ . c..., - 0 -.... .... 0 ~~~~~>~Ei~:r:"'~~~~- .. .!l e ~ ~ ,g ~ ~ U .Il. 15 1I.!.t o.~ ~ ~ ~~~~~ ~~~~II ~~ J;5~~ <iii lid WlLo:e..:..; :.l...!:2 zo~o ..!ui~::) :> n-so .. ~ ~u- 8._ ~ e .= 00 8=0 "- lli:~ .!!6~ .EfD\U '" 1e::!1 a: /-) .. 1 -.,J f ~ i J \) . JJ [11 <~ 1 1 l.:: --1- 1 <l -0a; ~ <<.J, ~1i s,j~ ~oo ... "q- ;~~~~ ao!._~('\:; 'l;"'la~a J :fa GO GO -' uuuu ::i1::i1::i1::i1 _ N '"" ... 1ft J .. 12198 (~ c: c: 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'"