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ORIGINAL
CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION
From:
Dept:
James G. Funk Director
Development Services
Subject: Development Code Amendment No. 05-06 to
establish standards for mixed-use development and
permit mixed-use development subject to approval of a
Conditional Use Permit in the CR-2, CG-2, CG-3, and
CG-4 land use districts; General Plan Amendment No. 05-
12 to change the land use designation of approximately
1.3 acres from CO-I, Commercial Office to CG-2,
Commercial General; Tentative Tract Map No. 17704 to
create a I-lot condominium subdivision; and Conditional
Use Permit No. 05-17 to construct 12 three-story mixed-
use residential detached dwelling units.
Date:
January 26, 2006
MCC Date: February 21, 2006
Synopsis of Previous Council Action:
None
Recommended Motion:
That the Mayor and Common Council close the public hearing and:
I) That said ordinance be laid over for adoption,
2) Adopt Resolution,
3) Adopt Mitigated Negative Declaration and Mitigation Monitoring I Reporting Program, and;
4) Approve Tentative Tract Map No. 17704 and Conditional Use Permit No. 05-17 based upon the Findings of Faet
contained in the Planning Commission Staff Report, subject to the Conditions of Approval and Standard Requirements.
~~e~~
Contact person: Aron Liang. Senior Planner
Phone: 384-5057
Supporting data attached: StaffReoort. Ordinance. & Resolution
Ward(s): 3:GPA. TIM & CUP. DCA:Citvwide
FUNDING REQUIREMENTS:
Amount: NI A
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes: f),(f){) h - fa C;
()~ 1aJ~:;t;:- 3/0/06
I I
Agenda Item No. LJ I
J. /J-I /OftJ
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT:
DEVELOPMENT CODE AMENDMENT NO. 05-06, GENERAL PLAN
AMENDMENT NO. 05-12, TENTATIVE TRACT MAP NO. 17704
(SUBDIVISION NO. 05-31), AND CONDITIONAL USE PERMIT NO.
05-17
OWNER:
ClitI Carol
296 Paseo Primavera
Palm Desert. CA 92412
760.200.7827
APPLICANT:
Allan "Ali" Cayir, President, Transtech Engineers
3'" Street Development
P.O. Box 5822
San Bernardino, CA 92408
909.383.8579
APPLICANT:
Dave Mlynarski, President. MAPCO
3"" Street Development
P.O. Box 5822
San Bernardino. CA 92408
909.384.7464
BACKGROUND
The applicant requests that the Mayor and Common Council approve Development Code
Amendment No. 05-03 to modify Sections 19.06.020, Table 06.01 (K) (5) and (14), Section
19.06.030, Table 6.03 and Section 19.06.030 (2) (C) of the Development Code to establish
standards for mixed-use development and permit vertical and lor horizontal mixed-use
development containing commercial uses mixed with residential uses subject to approval of a
Conditional Use Permit in the CR-2, CG-2, CG-3, and CG-4 land use districts. Also requested
are General Plan Amendment No. 05-12 to change the land use designation of approximately 1.3
acres from CO-I, Commercial Office to CG-2, Commercial General; Tentative Tract Map No.
17704 to create a I-lot condominium subdivision; and Conditional Use Permit No. 05-17 to
construct 12 three-story mixed-use residential and commercial live/work detached dwelling units
in the CG-2, Commercial General land use district. The project site is located on the north side of
)'d Street, approximately 240 feet east of Sierra Way in the CO-I, Commercial Office land use
district (Exhibit A)
The proposed Development Code Amendment is applicable Citywide. It will establish standards
for mixed-use development and allow mixed use commercial with residential development
(including artist colony and combination residence/office) subject to approval ofa Conditional
Use Permit in the CR-2, CG-2, CG-3, and CG-4 land use districts. The amendment is designed
to enhance the Development Code by establishing mixed-use standards to provide incentives to
construct owner-occupied dwellings in mixed-use development. The proposal is for 12 three-
story mixed-use residential and commerciallive/work detached units in the CG-2, Commercial
General land use district (Exhibit B).
Please refer to the Planning Commission Staff Report (Exhibit 2) for additional discussion.
Attachment C to the Planning Commission Staff Report outlines the proposed Development
Code Amendment.
DCA05-06/GPA05-12I1TM 17704/CUP05-17
Hearing Date: 2.21.06
Page 2
The Director of Development Services, Mr. James Funk, presented this proposal at the
Planning Commission Meeting of January 10, 2006. Mr. Funk stated that adoption of the
proposed amendment to the text of the Development Code would not entitle specific land uses
on any site within the City. The proposed text amendment will establish a set of regulations
and concepts for the character and direction of future development. The text amendment
includes development standards for private development and public improvements, prohibited
and conditionally permitted uses, and design criteria to ensure that proposed mixed-use
developments comply with the desired character envisioned for mixed-use development in the
City. In addition, the text amendment will establish standards that allow greater flexibility than
presently permitted in the City's Development Code. The text amendment will also provide
new development and redevelopment opportunities for commercial/retail, office, and
residential uses to facilitate activities in the downtown and other key locations in the City.
After an elaborate presentation by Mr. Funk, the Planning Commission opened the public
hearing and received public testimony on this matter. After some discussion, the Planning
Commission made a motion to recommend approval of Development Code Amendment No.
05-06, General Plan Amendment No. 05-12, Tentative Tract Map No. 17704 (Subdivision No.
05-31) and Conditional Use Permit No. 05-17. Commissioners, Heasley, Munoz, Powell and
Sauerbrun voted in support of the proposal. Commissioners Coute, Enciso and Morris were
absent.
The Planning Commission was concerned that the hours of operation proposed in the DCA
would be limited from Monday through Saturday and reviewed this issue with Mr. Funk. The
Planning Commission recommended that the hours of operation be expanded to include Sunday
from 9:00 am to 5:00 pm.
The Planning Commission wanted to ensure that there would be adequate parking for
employees and visitors to the 3'd Street project site. Mr. Funk stated that the proposal will
provide on-site parking to accommodate 24 stalls and that each residence will have a 2-car
garage. In addition, 3'd Street provides off-street parking on both sides of the street. The
proposal provides adequate off-street parking for employees and visitors.
The Planning Commission suggested that the CC&R's include provisions to prevent absentee
landlords. Senior Deputy City Attorney Henry Empeno stated that there is no legal mechanism
to enforce such a provision. Mr. Funk explained that the standards in the proposed
Development Code Amendment require the person conducting the business in the live/work
unit to be the resident living in the unit.
Subject to approval of the proposed Development Code Amendment, the proposed project
complies with Development Code requirements and will enhance the character of the existing
neighborhood. The proposed project has been designed to incorporate distinctive architecture,
convenient access and a fountain feature that will emphasize the project site. This project will
promote and implement the objectives and policies of the General Plan.
DCA05-06/GPA05-12/TTM J 7704/CUP05-17
Hearing Date: 2.21.06
Page 3
FINANCIAL IMPACT
None. The applicant paid the filing fees for the Development Code Amendment, General Plan
Amendment, Tentative Tract Map and Conditional Use Permit applications.
RECOMMEND A nON
That the Mayor and Common Council close the public hearing and:
1) Lay the ordinance over for final adoption.
2) Adopt the resolution,
3) Adopt the Mitigated Negative Declaration and Mitigation Monitoring / Reporting Program,
and;
4) Approve Tentative Tract Map No. 17704 (Subdivision No. 05-31) and Conditional Use
Permit No. 05-17 based upon the Findings of Fact contained in the Planning Commission
Staff Report subject to the Conditions of Approval and Standard Requirements.
EXHIBITS:
I Location Map
2 Planning Commission Staff Report dated January 10,2006
Attachment A - Locational Map
Attachment B - Site Plan/Floor Plans/Landscape Plan/Elevations
Attachment C - Proposed Amendment to Chapter 19.06, Commercial Districts
Attachment D - Conditions of Approval
Attachment E - Standard Requirements
Attachment F - Initial Study
Attachment G - Mitigation Monitoring/Reporting Program
3 Ordinance
4 Resolution
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EXHIBIT 1
CITY OF SAN BERNARDINO
PLANNING DIVISION
LOCATION MAP
LAND USE DISTRICTS
PROJECT: DCA No. 05-06
GPA No. 05-12
TTM No. 17704 &
CUP No. 05-17
HEARING DATE: 1/10/06
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EXHIBIT 2
SUMMARY
CITY OF SAN BERNARDINO PLANNING DIVISION
AGENDA ITEM:
HEARING DATE:
WARD:
Development Code Amendment No. 05-06, General Plan Amendment No. 05-12,
Tentative Tract Map No. 17704 (Subdivision No. 05-31), & Conditional Use Permit
No. 05-17
2
January 10. 2006
I (General Plan Amendment, Tentative Tract Map & Conditional Use Permit)
Citywide (Development Code Amendment)
CASE:
OWNER:
Cliff Carol
296 Paseo Primavera
Palm Desert, CA 92412
760.200.7827
APPLICANT:
Allan" Ali" Cayir. President, Transtech Engineers
3"' Street Development
P.O. Box 5822
San Bernardino. CA 92408
909.383.8579
APPLICANT:
Dave Mlynarski. President, MAPCO
3"" Street Development
P.O. Box 5822
San Bernardino, CA 92408
909.384.7464
REQUEST/LOCATION:
Development Code Amendment
Modify Sections 19.06.020. Table 06.0t (K) (5) and (14), Section 19.06.030. Table 6.03 and Section 19.06.030
(2) (C) of the Development Code to establish standards for mixed-use development and permit vertical and lor
horizontal mixed-use development containing commercial uses mixed with residential uses subject to approval of a
Conditional Use Permit in the CR-2, CG-2, CG-3, and CG-4land use districts.
General PIau Ameudment
To change the land use designation of approximately 1.3 acres of from CO-I, Commercial Office to CG-2.
Commercial General land use district.
Teutative Tract Map
To subdivided approximately 1.3 acres to cteate a I-lot condominium subdivision.
Conditioual Use Permit
To construct 12 three-story mixed-use residential and commercial live/work detached dwelling units in the CG-2,
Commercial General land use district.
The project site is located on the north side of 3"' Street, approximately 240 feet east of Sierra Way in the CO-I,
Commercial Office land use district.
CONSTRAINTS/OVERLAYS:
None
ENVIRONMENTAL FINDINGS:
o Exempt from CEQA
o No Significant Effect
o Potential Effects, Mitigation Measures and Mitigation Monitoring/Reporting Plan
STAFF RECOMMENDATION: '
Ii'I Approval
Ii'I Conditions
o Denial
o Continuance to:
DCA No. 05-06
GPA No. 05-12
T.T.M No. 17704 (Sub. 05-31)
CUP No. 05-13
January 10. 2006
Page 2
REQUEST AND PROJECT DESCRIPTION
A request for approval of Development Code Amendment No. 05-06 to modify Sections
19.06.020, Table 06.01 (K) (5) and (14), Section 19.06.030, Table 6.03 and Section
19.06.030 (2) (C) of the Development Code to establish standards for mixed-use development
and permit vertical and/or horizontal mixed-use development containing commercial uses
mixed with residential uses subject to approval of a Conditional Use Permit in the CR-2, CG-
2, CG-3, and CG-4 land use districts. The Development Code Amendment will be applicable
on a Citywide basis. Also requested are General Plan Amendment No. 05-12 under the
authority of Development Code Section 19.50 to change the land use designation of
approximately 1.3 acres of from CO-I, Commercial Office to CG-2, Commercial General,
Tentative Tract Map No. 17704 (Subdivision No. 05-31) under the authority of Development
Code Section 19.66.070 to create a I-lot condominium subdivision on a 1.3-acre parcel and
Conditional Use Permit No. 05-17 under the authority of Development Code Section
19.06.020, Table 06.01 (K)(14) to construct 12 three-story mixed-use residential and
commercial live/work detached dwelling units in the CG-2, Commercial General land use
district (Attachments A & B).
The proposed code amendment will modify Sections 19.06.020, Table 06.01 (K) (5) and (14),
Section 19.06.030, Table 6.03 and Section 19.06.030 (2) (C) of the Development Code to
establish standards for mixed-use development and allow mixed use commercial with
residential development (including artist colony and combination residence/office) subject to
approval of a Conditional Use Permit in the CR~~, CG-2, CG-3, and CG-4 land use districts.
This amendment is designed to enhance the Development Code establishing mixed-use
standards to provide incentives to construct owner-occupied dwellings in mixed-use
development (Attachment C).
The proposed amendment to change from the CO-l district to the CG-2 district will enable the
property owner to develop a viable use on this site and expand the community-serving retail
and service commercial uses in the downtown area.
The Tentative Tract Map will create a I-lot condominium subdivision on a 1.3-acre parcel.
The 12 three-story live/work detached units would have individual ownership but the common
areas including landscaping, concrete and asphalt paved areas, easements for the driveways,
fences and walls, streets and utilities would be owned, controlled and maintained through a
homeowners association and would be governed by Conditions, Covenants and Restrictions
(CC&R's). The CC&R's would place limitations and requirements on all the detached single-
family condominium units and would be responsible for controlling hours of business, visitor
and guest parking, and enforcing standards established for the exterior of the structures. They
are intended to protect the individual condominium owners regarding construction,
maintenance of buildings, common areas and utilities.
DCA No. 05-06
GPA No. 05-12
T.T.M No. 17704 (Sub. 05-31)
CUP No. 05-13
January 10, 2006
Page 3
The project site has been designed for twelve detached mixed-use live/work units located
closest to the north property line with parking located in front of the buildings and landscaping
around the project perimeter. Section 19.02.050 of the Development Code defines "Detached"
as "Any building or structure that does not have a wall or roof in common with any other
building or structure"). None of the live/work dwellings share walls or roofs. Thus, while
appearing as duplex units, they are classified as detached live/work buildings. There are two
proposed driveway entrances to the project site, with one driveway located closest to the
easterly property line and the other located closest to the westerly property line. The driveway
serving the residential component wraps around the structures to the north, and is designed to
be a one-way ingress/egress driveway. The architectural design elevations are mission style
with a series of arches supported by columns in the main level connecting the 12 units. The
structures feature Spanish clay tile with gabled and hipped roofs. The residential portion on
the 2nd floor features a wainscot with stone veneer. Other design components include 1) a
prominent monument sign fronting 3'" Street, 2) a 20-foot in depth landscaped parkway in a
landscape maintenance district and 3) a landscape maintenance district with a water feature and
benches.
The project would be constructed in one phase. The project will provide each unit with a
minimum of 300 square feet of private useable open space which may include private patio,
balcony, and/or roof deck.
The driveway approaches accessing 3'd Street will be delineated with interlocking pavers,
rough.textured concrete, or stamped concrete. A 6-foot decorative block wall is proposed to
be extended westerly approximately 80 feet from the existing block wall located abutting the
northerly property line and constructed along the westerly property boundary.
The proposal offers a 3-story building style with 4 different model plans. Each model plan
offers 3 variations of finishes for a total of 12 variety choices for 12 live/work dwellings.
The layouts are as follows:
Model
Plan I
Plan 2
Plan 3
Plan 4
Livin~ Area
1,415 sq.ft. with a 2-car garage (441 sq.ft.)
1,415 sq.ft. with a 2-car garage (441 sq. ft.)
1,415 sq.ft. with a 2-car garage (441 sq.ft.)
1,415 sq.ft. with a 2-car garage (441 sq. ft.)
Work Area
461 sq.ft.
461 sq.ft.
461 sq.ft.
461 sq.ft.
Plan I - (3bd/3-1/2ba) - 3 homes (25 %)
Plan 2 - (3bd/3-I/2ba) - 3 homes (25 %)
Plan 3 - (3bd/3-1/2ba) - 3 homes (25 %)
Plan 4 - (3bd/3-1/2ba) - 3 homes (25 %)
12 homes (100%)
DCA No. 05-06
GPA No. 05-12
T.T.M No. 17704 (Sub. 05-31)
CUP No. 05-13
January 10. 2006
Page 4
The proposed floor plans are as follows:
1" Floor: 461 sq.ft. of commercial area, a 2-car garage, a laundry area and a private yard.
2"d Floor: 918 sq.ft. of residential area (living, dinning, bed and bathrooms and a kitchen).
3'd Floor: 497 sq.ft. of residential area (2 bed rooms & 2 bathrooms and a deck). Specifically,
the 3'd floor offers an extra feature to convert the entire floor plan into a master bedroom.
The homes are wood-frame/stucco construction with concrete tile roofs. Architectural
treatments include variations in roof style, front entry projection and garage door designs. The
homes include window treatments, metal roll up garage doors and fully landscaped front-yards
for all the houses and all common open space areas.
SETTING/SITE CHARACTERISTICS
The subject property is located on the north side of 3'd Street approximately 300 feet east of
Sierra Way. Surrounding uses to the north are multi-family apartments in the RH, Residential
High district. To the east is a fire station and to the west and south adjacent to the site are
commercial uses in the CO-I, Commercial Office land use district.
Currently, the property has the land use designation of CO-I, which permits "Combination
Residence/Office" units subject to a Development Permit. If developed as "Combination
Residence/Office" rental units, the project would not require approval by the Planning
Commission. The applicant could develop the property with residence/office apartments.
UQ'''i:''er, the applicant desires to develop the property with owner-occupied type dwellings
(townhomes having no common walls and no common roofs) in a more commercial version of
live/work units.
The applicant and the Development Services Department recommend changing the land use
designation on the subject properly from CO-I to CG-2, and amending the text of the City's
Development Code to establish requirements for mixed-use development containing residential
and commercial uses.
This proposal would achieve the following:
I) Require that mixed-use developments containing residential dwellings obtain a
Conditional Use Permit subject to the approval of the Planning Commission. (Note:
Currently, only a Development Permit is required for a mixed-use development in the
CG-4/SP and CR-2 land use districts).
2) Require that developments containing Combination Residence/Office Dwelling Units
obtain a Conditional Use Permit subject to the approval of the Planning Commission.
(Note: Currently, only a Development Permit is required for Combination
Residence/Office Dwelling Units in the CO-I and CO-2 land use districts).
-
DCA No. 05-06
CPA No. 05-12
T.T.M No. 17704 (Sub. 05-31)
CUP No. 05-13
January 10, 2006
Page 5
3) Require that developments contammg Artist Colony Dwelling Units obtain a
Conditional Use Permit subject to the approval of the Planning Commission. (Note:
Currently, only a Development Permit is required for construction of Combination
Residence/Office Dwelling Units in the CO-I and CO-2 land use districts).
4) Establish in the Development Code incentives to construct owner occupied-type
dwellings (rather than multi-family/apartments) in mixed-use development.
5) Establish basic standards and requirements for vertical and/or horizontal mixed-use
developments containing commercial uses mixed with residential uses.
6) Establish basic standards and requirements for Live/Work Dwelling Units (including
Professional Live/Work, Combination Residence/Office, and Artist Colony Dwelling
Units), and non-live work dwellings in mixed-use developments.
7) Allow Home Occupations, subject to approval of a Home Occupation Permit, to be
conducted in mixed use developments. (Note: Currently, Home Occupations are not
specifically addressed in any of the land use designations permitting mixed use
development or proposed to permit mixed use development.
8) Replace Section 19.06 (2) C, identified as "Artist Colony" in the Development Code
with "Mixed Use Commercial and Residential Development (Including Artist Colony
and Combination Residencies/Office)."
9) Mixed Use: Prohibit in mixed-use development containing residential units the
following land use activities: Automotive Related Uses, Boarding/Lodging Facilities,
Home Improvements with Outdoor Display, Indoor Retail Concession Malls, Mini-
Malls, Nurseries/Garden Supplies, Publishing/Printing Plants, Recycling Facilities,
Recycling Facilities (Reverse Vending Only), Veterinary Services/Animal Boarding,
Funeral Parlors/Mortuaries, Single-Price overstock/Discount Stores, Adult-Oriented
Businesses (See Section 19.06.030(2)(A) for specific definition of terms), Fortune
Tellers, Tattoo Parlors and/or Body Piercing Studios, Second Hand Stores/Thrift
Stores, Check-Cashing Facilities, and Pawn Shops.
10) Live/Work: In addition to the land use activities prohibited in mixed use developments
having residential units, the following land use activities shall not be_permitted in
live/work units: Restaurants - with Drive-Thrus, Night Clubs/Bars/Lounges,
Entertainment/Recreation, Medical/Care Facilities/Social Services, Tanning Salons,
Dry Cleaners, Laundromais (self-serve), Convenience Stores, Drug Stores,
Supermarkets, Liquor Stores, Mobile Home Sales, and Religious Facilities.
Live/work and mixed-use are not the same thing. In contrast to home-occupation, which is
incidental commercial use to ones dwelling unit, live-work is incidental residential use of a
commercial space where one or more of the occupants of the residential portion of the lease
space or condominium is engaged in the commercial activity. Zoning standards for live-work
use need to be written to preserve the predominately commercial use. Commercial uses
allowed in a live/work space should be those that are permitted in the district where the
live/work development is located. Live/work is frequently confused with mixed use. The
proposed amendment to the text of the City's Development Code distinguishes between mixed-
use development with apartments, mixed-use development with owner occupied type
dwellings, live/work dwellings, and professional live/work dwellings.
-
DCA No. 05-06
GPA No. 05-12
T.T.M No. 17704 (Sub. 05-31)
CUP No. 05-13
January 10. 2006
Page 6
BACKGROUND
The Development/Environmental Review Committee (D/ERC) first reviewed this proposal on
November 3,2005. The D/ERC determined that a minor correction was needed pertaining to
the site layout. At this time, the D/ERC also determined that the Initial Study adequately
addressed the environmental issues and recommended that a Mitigated Negative Declaration be
circulated for a 20-day public review beginning on November 10, 2005 and ending on
November 29, 2005, and moved the project to Planning Commission. Pursuant to the Public
Resources Code and CEQA guidelines, a Notice of Intent to adopt a Mitigated Negative
Declaration was filed with the San Bernardino County Clerk of the Board, A copy of the Initial
Study was made available to the public at the County Clerk of San Bernardino, the City
Planning Division, and City Library. No comments were received during the public review
period.
ADDITIONAL OBSERVATIONS/BACKGROUND
The Development Services Director has generated interest from community developers
interested in live/work townhouses and expanded home businesses as a way to increase
neighborhood vibrancy, add life to mixed-use areas, and allow homegrown small businesses.
Before the invention of the automobile, living above the store was the housing option of choice
for many middle-class American families. In metropolitan communities, homes once again are
rising over stores and offices. This latest trend-is, in part, a reaction to the city's reliance on
cars and the seemingly endless boundaries of metropolitan areas.
Here, in San Bernardino, the concept is being reinterpreted to fit today's technology and
lifestyle demands. Ironically, the market forces encouraging vertical mixed-use development
are the same ones that created this form of development in preautomobile times: scarcity of
land, rising housing costs, and strained transportation systems.
Growth in population and jobs In metropolitan areas has outpaced the capacity of the
transportation system. Soaring land and housing prices are forcing workers to ever more
distant suburbs. These conditions are causing governmental agencies at all levels to reconsider
policies affecting the urban development pattern, and are causing many residents to reconsider
their own lifestyle choices.
The Southern California Association of Governments (SCAG) has been pursuing a
jobs/housing balance objective since the mid-1980's. This has been one of the key policies
encouraging the development of housing above office and retail uses in the Los Angeles
Metropolitan Area. Mixed-use is one development option that local agencies can pursue to
help reduce vehicle trips, encourage pedestrian movement, and promote transit ridership.
The proposed live/work development on 3'" Street (tentatively know as 3'd Street Plaza) is
making a little history in San Bernardino.
DCA No. 05-06
GPA No. 05-12
T.T.M No. 17704 (Sub. 05-31)
CUP No. 05-13
January 10, 2006
Page 7
Two presidents of two local engineering companies have teamed up to champion a new mixed-
use development concept for a smalllive-at-home/work-at-home neighborhood in the
downtown. They are Allan "Ali" Cayir, president of Transtech Engineers, Inc., and David
Mlynarski, President of MAPCO. These gentleman are experimenters, innovators and
obviously the type of entrepreneurs every city desires to have in the community.
This is a milestone event for the introduction of this type of live/work dwelling unit in the
City. This is a revolutionary enclave of just 12 live/work townhomes established in a
commercial strip mall design.
Small business owners with an entrepreneurial spirit will not overlook this opportunity. This is
an innovative solution to balancing the demands of work and family as well as eliminating long
commutes to the office or shop.
These structures are elegant, functional new homes where a homeowner can raise a family as
well as operate a business from a retail shop or dedicated home office with advanced
technology. It is truly a win-win situation. It is believed that savvy professionals and creative
consultants who are interested in downtown San Bernardino will select these homes.
This product has excellent possibilities as being the wave of the future for key urban districts in
the City such as the downtown, CSUSB, Santa Fe Depot Historic District, and older business
corridors of the City. Home buyers who find that suburban tranquility is just not for them but
prefer the cutting edge pace of a downtown oruaiversity address will want these mixed-use
homes.
FINDINGS AND ANALYSIS - DEVELOPMENT CODE AMENDMENT
1. Is the proposed amendment consistent with the General Plan?
Yes, the proposal is consistent with the General Plan Downtown Strategic Area 10,
General Plan Downtown Strategic Area 10 Strategy I states: "promote downtown
revitalization by seeking and facilitating mixed-use projects (e.g, combinations of
residential, commercial, and office uses).>>
The proposed amendment would allow Chapter 19.06 to be modified to facilitate the
development of a 3-story, 12 detached mixed-use project. Specifically, this amendment
will modify Development Code Sections 19.06.020, Table 06.01 (K) (5) and (14),
Section 19.030, Table 6.03 and Section 19.030(2)(C) to establish development
standards for mixed-use and permit vertical ani or horizontal mixed-use development
containing commercial uses mixed with residential uses subject to approval of a
Conditional Use Penriit in the CR-2, CG-2, CG-3 and CG-4 land use districts.
DCA No. 05-06
GPA No. 05-12
T.T.M No. 17704 (Sub. 05-31)
CUP No. 05-13
January 10, 2006
Page 8
2. Would the proposed amendment be detrimental to the public interest, health,
safety, convenience, or welfare of the City?
No, the proposed amendment would modify regulations to establish standards for
mixed-use projects in the CR-2, CG-2, CG-3 and CG-4 land use districts. This
proposal will be in the public interest in that it will create an incentive to provide a
broader range of housing, thereby increasing home ownership opportunities within the
City. In addition, an Initial Study was prepared to evaluate the potential for adverse
environmental impacts related to the proposed Development Code Amendment, and
none were identified,
FINDINGS AND ANALYSIS - GENERAL PLAN AMENDMENT
1. Is the proposed amendment internally consistent with the General Plan?
Yes, the proposal is consistent with the General Plan Downtown Strategic Area 10.
General Plan Downtown Strategic Area 10 Strategy 3 states: "allow the ground floor of
new non-residential and residential structures to incorporate "pedestrian-active retail
uses (restaurants, florists, gift shops, bookstores, clothing shoe repair, etc.)"
The change from the CO-I district to the CG-2 district will enable the property owner
to develop a viable commercial use of the two parcels and provide a development
opportunity with innovative commercial.uses within the downtown area. The proposed
amendment will allow the site to be with commercial uses consistent with the existing
adjacent commercial uses to the south.
2. Is the proposed amendment detrimental to the public interest, health, safety,
convenience, or welfare of the City?
No, the proposal would not pose any threat to the public health, safety and welfare of
the City in that any commercial development proposal would be required to comply
with all applicable provisions of the Development Code, Chapter 19.06, Commercial
District. The proposed amendment would enhance the project site making it feasible to
implement Strategy 3 of the General Plan slated above.
The proposed amendment will create an environment of value for mixed-use
development and will not adversely affect the quality of life, health and safety of the
City's residents and businesses in this area.
DCA No. 05-06
GPA No. 05-12
T. T.M No. 17704 (Sub. 05-31)
CUP No. 05-13
January 10, 2006
Page 9
3. Does the proposed amendment maintain the appropriate balance of land uses within the
City?
Yes, the proposed amendment is consistent with General Plan strategies as described
above for Development Code and General Plan Amendments and would maintain the
appropriate balance of land uses within the City. The proposed amendment is for one
parcel of 1.3 acres and does not adversely impact the balance of land uses within the
City. The proposed amendment will promote mixed-use development, place
commercial uses fronting 3'd Street, and encourage a lively downtown urban
environment.
4. Is the subject parcel physically suitable (including, but not limited to, access,
provision of utilities, compatibility with adjoining land uses, and absence of
physical constraints) for the requested land use designation and anticipated land
use development?
All agencies responsible for reviewing access, and providing water, sanitation and other
public services have all had the opportunity to review the proposal, and none have
indicated an inability to serve the project based on the change in land use designation.
All required utilities and public services can adequately serve the site.
The proposed amendment area is bounded by developed, dedicated streets and existing
infrastructure suitable for mixed-use development. Construction and grading activities
will conform to all applicable provisions of the Development Code requirements.
FINDINGS AND ANALYSIS - TENT A TIVE TRACT MAP
I. Is the proposed map consistent with the General Plan?
Yes, the proposed map is consistent with the General Plan and Development Code as
shown in Table A beloW. The CG-2 (Commercial General land use) district allows
residential and commercial mixed-use development at a maximum density of 12 units
per gross acre. The proposal'is for development of a detached residential and
commercial mixed-use project at 9.2 units per gross acre. See Table "A" below:
DCA No. 05-06
GPA No. 05-12
TT.M No. 17704 (Sub. 05-31)
CUP No. 05-13
January 10, 2006
Page 10
TABLE 'A' -- DEVELOPMENT CODE AND GENERAL PLAN CONFORMANCE
CATEGORY PROPOSAL DEVELOPMENT CODE GENERAL
(as prooosed) PLAN
Permitted Use Mixed-use Development Subject to Conditional Use Consistent
Permit
I-lot Condominium
Lot Size Sudivision I gross acre (43,560 sq.ft.) N/A
(1.3 acres)
Densitv 9.2 units/ac. 12 units/ac. 12 units/ac.
Private U seable 300 sq.ft. 300 sq.ft. N/A
Ooen Soace
Access 2 standard means of access 2 standard means of access N/A
2. Is the design of the proposed subdivision consistent with the General Plan?
Yes, the proposal is consistent with the General Plan Downtown Strategic Area 10.
General Plan Downtown Strategic Area 10 Strategy 13 states: "encourage mixed use
development and pedestrian friendly uses/development adjacent to transit stops."
The proposed tract complies with Development Code requirements and will enhance the
existing commercial and offices uses surrounding the site. The development of the site
with detached condominium units (homeowner-type dwellings) will be compatible with
the existing multi-family uses to the north. The proposed tract has been designed to
incorporate a "strolling" sidewalk and other amenities and is adjacent to a transit stop.
3. Is the site physically suitable for the type of proposed development?
Yes, the site is physically suitable for the proposed development in that the division of
land is consistent with !lie Subdivision Map Act. The tentative tract map conforms to
the subdivision design standards specified by the Development Code in that it can
accommodate twelve 3-story detached mixed-use live/work structures and open space as
addressed in the Findings of Fact in the Conditional Use Permit. All of the proposed
units will have access to a dedicated roadway and infrastructure that will provide water,
sewer, power, gas, telephone, and cable to the site.
4. Is the site physically suitable for the proposed density of development?
Yes, the site is physically suitable for the proposed density of development in that the
division of land is consistent with the Subdivision Map Act and the proposed
subdivision is consistent with the mixed-use development standards. The proposed
density at 9.2 units per gross acre is lower than that of Code requirements at 12 units
per gross acre. Although the project site is located in the CG-2 district that allows
multi-family units, the proposal has been designed with a detached concept layout.
- .'"'"
DCA No. 05-06
GPA No. 05-/2
T.T.M No. /7704 (Sub. 05-3/)
CUP No. 05-/3
January /0, 2006
Page II
5. Is the design of the subdivision likely to cause substantial environmental damage, or
substantially and unavoidably injure fish or wildlife or their habitat?
No, an Initial Study was prepared to determine the presence and extent of any
environmental issues that could result from the Development Code Amendment,
General Plan Amendment, Tentative Tract Map, and Conditional Use Permit. Based
on the Initial Study as discussed in the Background, no issues were identified that
would result in a significant impact on the environment. Two technical studies to
include drainage and traffic were prepared for the proposal. These reports concluded
that development of this site would not create significant impacts that could not be
mitigated. In addition, the Mitigation Monitoring /Reporting Plan for the Initial Study
includes action measures to properly mitigate and monitor any potential significant
negative impacts relating to development and construction of this site (Attachment G).
6_ Is the design of the subdivision likely to cause serious public health problems?
No, the design of the proposed subdivision meets all of the applicable requirements for
the CG-2 land use district. Furthermore, the circulation layout has been reviewed by
the City Engineer and designed to provide adequate access and accommodate the type
of traffic forecast to be generated by the proposed subdivision and is unlikely to result
in any serious public health problems.
7. Will the design of the subdivision or the type of improvements conflict with any
easements, acquired by the public at large, for access through or use of, property
within the proposed subdivision?
No, the easements identified in the Preliminary Title Report relate to electrical lines and
other utilities. The design of the subdivision and the proposed improvements will not
conflict with these easements, because any existing easements would be abandoned or
relocated as determined by the Public Works/Engineering Division througl1 processing
of the Final Map.
FINDINGS AND ANALYSIS - CONDITIONAL USE PERMIT
I. Is the proposed use conditionally permitted within, and not impair the integrity
and character of the subject land use district, and does it comply with all of the
applicable provisions of this Development Code?
Yes, pursuant to Development Code Section 19.06.030 (K)(I4) as proposed, a
live/work project is an allowed use in the CG-2, Commercial General land use district,
subject to approval of a Conditional Use Permit. The proposed project complies with
all applicable provisions of the Development Code and General Plan as shown in Table
"A" below.
DCA No. 05-06
GPA No. 05-12
T.T.M No. 17704 (Sub. 05-31)
CUP No. 05-13
January 10, 2006
Page 12
- eve ooment o e enera an on ormance
CATEGORY PROPOSAL DEVELOPMENT GENERAL PLAN
CODE
Permitted Use Mixed-use Live/work Subject to a Conditional Permitted
Units Use Permit
Density 9.2 du/ac. 12 du/ac. Consistent
Setbacks
- Front 20 feet 20 feet min.
- Side 15 feet 6 feet min. N/A
- Rear 15 feet 15 feet min.
- Side Street 15 feet 15 feet min.
Residential 1,415 sq.ft. 1,000 s.f. min.
Unit
Work Area 461 sq.ft. 300 sq.ft. min N/A
-.
Height 3 stories (34 feet) 4 stories (56 feet) Consistent
TABLE "A" D I
Cd IG
1 PI C ~
2. Is the proposed development consistent with the General Plan?
Yes, the proposal is consistent with the General Plan Downtown Strategic Area 10.
General Plan Downtown Strategic Area 10 Strategy 4 states: "accommodate residential
units above the first floor of commercial structures provided that: I) the impacts of
noise, odor and other characteristic of commercial activities can be adequately
mitigated; and 2) a healthy, safe and well-designed living environment with a
complement of amenities can be achieved for the residential units."
Although the project Site is located in the CG-2 district that allows medium and medium
high residential density, this proposal is for 12 3-story mixed use live/work detached
dwelling units. The proposal has been designed to convey the visual sense of a low
density at 9.2 du/ac while providing extensive landscaping within the project site as
well as along the project perimeters.
DCA No. 05-06
GPA No. 05-12
T.T.M No. 17704 (Sub. 05-31)
CUP No. 05-13
January 10, 2006
Page 13
3. Is the approval of the Conditional Use Permit for the proposed use in compliance with
the requirements of the California Environmental Quality Act and Section 19.20.030(6)
of the Development Code?
Yes, approval of this Conditional Use Permit is in compliance with the requirements of
the California Environmental Quality Act and Development Code Section 19.20.030 (6)
pertaining to environmental resources and constraints. Approval of the proposed
project would not result in any significant effects relating to traffic, noise, air quality or
water quality. This is because all the necessary infrastructure is in place or will be
installed to handle the anticipated capacity resulting from this proposed project. Based
on the Initial Study, it is anticipated that the impacts relating to traffic, noise, air quality
or water quality will be less than significant with implementation of the proposed
mitigation measures.
4_ Are there potentially significant negative impacts upon environmental quality and
natural resources that could not be properly mitigated and monitored?
No, as noted in Finding No.3, this project complies with the CEQA requirements and
Development Code Section 19.20.030 (6). Based on the technical studies prepared for
this site, this proposal would not create significant impacts that could not be mitigated.
Based on the mitigation measures as described in the Initial Study, no significant
harmful effects on the quality of the environment or on natural resources will exist as a
result of this project (Attachment F). Furthermore, the site can be adequately served
by all required utilities and public services. The proposed project complies with the
mixed-use development standards and is consistent with Development Code.
5. Are the location, size, design, and operating characteristics of the proposed use
compatible with the existing and future land uses within the general area in which the
proposed use is to be located and not create significant noise, traffic or ot~er 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?
Yes, the applicant proposes to construct 12 three-story mixed-use live/work detached
units in the CG-2, Commercial General land use district. The proposed project
complies with Development Code/General Plan Conformance Standards as defined in
Table "A" in Finding No. I above. The project proposes less residential density than
is allowed by the Development Code and exceeds the landscaping requirements.
DCA No. 05-06
GPA No. 05-12
T.T.M No. 17704 (Sub. 05-31)
CUP No. 05-13
January 10, 2006
Page 14
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
design and character of the proposed development will enhance the existing conditions
in this neighborhood. The proposed units will be compatible with the single-family
units developed in the area. The proposed project will provide a positive new
development within an existing neighborhood. The proposal is consistent with all
provisions of the Development Code for mixed-use development standards.
The layouts and treatment elements are designed to complement the neighboring single-
family structures. Architectural features include unique variations in structure styles,
roof designs, entry areas and garage door designs.
6_ Is the subject site physically suitable for the type and density/intensity of use being
proposed?
Yes, the site is physically suitable for the type and density/intensity of the project being
proposed as evidenced by project compliance with all applicable Development Code
Standards as noted in Table .. A >> .
7. Are there 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? '-
Yes, all agencies responsible for reviewing access, and providing water, sanitation and
other public services have all had the opportunity to review the proposal, and none have
indicated an inability to serve the project. The proposal will not be detrimental to the
public health and safety in that all applicable Codes will apply to the construction of
this project.
CONCLUSION
The proposal meets all applicable Findings of Fact for approval of Development Code
Amendment No. 05-06, General Plan Amendment No. 05-12, Tentative Tract Map No. 17704
and Conditional Use Permit No. 05-13.
DCA No. 05-06
GPA No. 05-12
T.T.M No. 17704 (Sub. 05-31)
CUP No. 05-13
January 10. 2006
Page 15
RECOMMENDATION
Staff recommends that the Planning Commission recommend that the Mayor and Common
Council:
I. Adopt the Mitigated Negative Declaration and Mitigation Monitoring/Reporting
Program (Attachment G),
2. Approve Development Code Amendment No. 05-06 and General Plan Amendment No.
05-12 based upon the Findings of Fact contained in this Staff Report, and;
3. Approve Tentative Tract Map No. 17704 and Conditional Use Permit No. 05-13 based
upon the Findings of Fact contained in this Staff Report and subject to the Conditions of
Approval (Attachment D) and Standard Requirements (Attachment E).
Respectfully Submitted,
~~~
James Funk
Director of the Development Service Department
/~
/ .,~'
'- Aron Liang
Senior Planner
Attachment A
Attachment B
Attachment C
Attachment D
Attachment E
Attachment F
Attachment G
Location Map
Site Plan/Floor Plans/Landscape Plan/Elevations
Proposed Amendment to Chapter 19.06, Commercial Districts
Conditions of Approval
Standard Requirements
Initial Snidy
Mitigation Monitoring/Reporting Program
ATTACHMENT A
CITY OF SAN BERNARDINO
PLANNING DIVISION
LOCATION MAP
LAND USE DISTRICTS
PROJECT: DCA No. 05-06
GPA No. 05-12
TTM No. 17704 &
CUP No. 05-17
HEARING DATE: 1/10/06
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CHAPTER 19.06
COMMERCIAL DISTRICTS
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M.
MIXED USE COMMERCIAL AND
DEVELOPMENT (INCLUDING ARTIST
COMBINATION RESIDENCE/OFFICE
RESIDENTIAL
COLONY AND
Vertical and/or horizontal mixed-use developments containing commercial
uses mixed with residential uses are permitted in the CR-2, CG-2, CG-3,
and CG-4 land use districts subject to approval of a Conditional Use
Permit; Artist Colony units are permitted in the CR-2 land use districts
subject to approval of a Conditional Use Permit; and, Combination
Residence/Office units are permitted in the CO-I and CO-2 land use
districts subject to approval of a Conditional Use Permit. Mixed use
development having commercial uses mixed with residential uses shall be
constructed, maintained, and operated in the following manner:
I. Development Standards for mixed use development containing one
or more dwellings, including live/work units, shall be as specified in
Table 6.02 Commercial Zones Development Standards. Multi-family
apartment dwelling units, including Artist Colony apartment dwelling
units, i!l mixed use development containing commercial uses shall be
constructed in compliance with Section 19.04.030 (2) (L) Multi-
Family Housing Standards. Mixed use development not containing
multi-family apartment dwelling units and containing only single
Page 2
family units, townhomes and/or condominium dwelling units and
commercial land uses shall be exempt from Section 19.04.030 (2) (L)
and be constructed in compliance with the following development
standards:
a. Each dwelling unit shall provide a minimum of 300 square feet of
private useable open space (which may include private (walled)
patio, balcony, and/or roof deck). Private useable open space areas
shall not include: right-of-ways; vehicle parking areas; areas
adjacent to or between any structures less than 6 feet apart;
required front, rear, and sideyard setbacks from property lines; or
slope areas greater than 6 percent.
b. Each non-live/work dwelling unit shall have a private (walled)
patio, balcony, and/or roof deck not less than 150 square feet in
area and having a minimum width of 10 feet and depth of 10 feet.
c. Mixed use developments containing one or more dwelling units,
including live/work units, shall provide recreational amenities
within the site which may include: a swimming pool; spa;
clubhouse; tot lot with play equipment; picnic shelter - barbecue
area; court game facilities such as tennis, basketball, or
racquetball; improved softball or baseball fields; or, day care
facilities. The type of amenities shall be approved by the Director
and provided according to the following schedule:
Units
Amenities
0-11
o
12 - 50
51 - 100
2
101 - 200
3
201 - 300
4
Add I amenity for each 100 additional units or fraction thereof.
d. Locations of Off-Street Parking: Spaces for residential uses shall
be located within 150 feet from the dwelling unit (front or rear
door) for which the parking space is provided.
Page 3
e. Private Enclosed Storage: Each dwelling UnIt III a mixed use
development shall be provided a minimum of 150 cubic feet of
private enclosed storage space within the garage, or immediately
adjacent to the dwelling unit.
f. Community Entry Driveway Approaches: Driveway approaches
accessing a public street in a mixed use development of 12 or more
units shall be delineated with interlocking pavers, rough-textured
concrete, or stamped concrete.
g. Washing Machine and Dryer: Each dwelling unit shall be plumbed
and wired for a washing machine and dryer.
h. Building Separation: The distance between buildings contallllllg
one or more dwelling units in a mixed use development shall be a
minimum of 6 feet (excluding roof overhangs and fireplace
chimneys); and, at a minimum, shall comply with the requirements
of the City's building code. A live/work unit that does not have a
wall or roof in common with any other building or structure may
either be constructed with no sideyard separation of distance
between units (i.e. double exterior walls separating units), or shall
be a minimum of 6 feet (excluding roof overhangs and fireplace
chimneys). Notwithstanding the above, the distance between
dwelling units separated by an entry courtyard and facing another
structure shall be a minimum of 15 feet. In the event that the front
of the units are internally oriented to fact one another, than a
minimum 15-foot building separation is required between the
fronts of the units.
t. The maximum structure height in the CG-2 and CG-3 land use
districts shall be 4 stories (not to exceed 56 feet).
2. Land Use Activities in Mixed Use Buildings having Residential
Units: Land use activities in a building where residential and
commercial land use activities are allowed to mix shall be any land use
activity permitted by right and/or subject to approval of a Conditional
Use Permit in the land use district governing the premises; provided,
however, that in order to enhance the success of businesses in mixed
use buildings and protect the health and safety of persons who reside
in a mixed use building, the following land use activities shall not be
permitted:
Automotive Related Uses,
Boarding/Lodging Facilities,
Page 4
Restaurants-with Drive- Thrus.
Home Improvements with Outdoor Display,
Indoor Retail Concession Malls,
Mini-Malls,
Nurseries/Garden Supplies,
Publishing/Printing Plants,
Recycling Facilities,
Recycling Facilities (Reverse Vending Only),
Veterinary Services/Animal Boarding,
Funeral Parlors/Mortuaries,
Single-Price Overstock/Discount Stores,
Adult-Oriented Businesses (See Section 19.06.030(2)(A) for specific
definition of terms),
Emergency Shelters,
Health Clinics/Outpatient Surgery
Residential Care Facilities-
Senior Congregate Care Facilities
Social Service Centers
Fortune Tellers,
Tattoo Parlors and/or Body Piercing Studios,
Second Hand Stores/Thrift Stores,
Check-Cashing' Facilities, and
Pawn Shops.
3. Home Occupations are allowed in compliance with Chapter 19.54 in
townhome, condominium and detached single family units only.
Home Occupations are not permitted in multi-family apartment units.
4. Parking Requirements: As specified for each use in the Development
Code.
Page 5
5. Signage: A signage program shall be submitted as part of the site
development permit application package, addressing proposed
monument, ladder and/or individual property signage.
6. Public Telephones: Exterior public pay telephones are prohibited.
7. Conditions, Covenants, and Restrictions (CC&R's): CC&R's shall
be reviewed and subject to the approval of the Development Services
Deputy Director/City Planner. The CC&R's shall list restricted uses.
At a minimum, the property owners association will be responsible for
maintaining concrete and asphalt paved areas, fences and walls, and
landscape areas exterior to private yards and private open space; and
common areas. The property owners association will be responsible
for controlling hours of business, visitor and guest parking,
and enforcing standards established for the exterior of the structures.
8. Live/Work Unit: A dwelling constructed, maintained and operated
having commercial and residential uses is classed as a Live/Work Unit
and shall adhere to the requirements for Mixed Use Commercial and
Residential Development, with the following additional standards and
exceptions:
a. Permitted Dwelling Types: Live/work units shall be townhome,
condominium and/ordctached single family units only.
b. Commercial Land Use Activities in Live/Work Units: The
following land use activities shall not be permitted in live/work
units:
Land use activities prohibited in mixed-use buildings containing
one or more residential units:
Night Clubs/Bars/Lounges,
Entertainment/Recreati on,
Medical/Care Facilities/Social Services,
Tanning Salons,
Dry Cleaners,
Health/ Athletic Clubs
Laundromats (self-serve),
Page 6
Convenience Stores,
Drug Stores,
Supermarkets,
Liquor Stores,
Mobile Home Sales, and
Religious Facilities.
c. Minimum Dwelling Size Standards: The minimum dwelling unit
area for each live/work unit shall be not less than 1,000 square
feet, exclusive of work area; and the minimum dwelling unit area
for Artist Colony dwelling units shall be not less than 750 square
feet.
d. Hazardous Activities: Storage of hazardous materials necessary for
work activities in live/work units may be stored in controlled areas
per the current uniform building code/uniform fire code used by
the City of San Bernardino. Hazardous activities including but not
limited to welding, open flame, or storage of flammable liquids,
storage of hazardous materials, or similar hazardous operations are
not permitted in live/work units without express written approval
from the Fire Department, which shall impose the appropriate
requirements for such approval.
e. Open Space: Each live/work unit shall provide a minimum 300
square feet of useable private open space; or, a minimum of 120
square feet of useable private open space and 300 square feet of
common useable open space. Useable private open space areas
may include private (walled) patios, balconies and/or roof decks.
Useable private open space areas shall not include right-of-way,
private streets or driveways, vehicle-parking areas, required
setbacks from property lines, or slope areas greater than (, percent.
f. Entries: With the exception of Artist Colony units, the work area
in a live/work unit is required to have either a separate access
entry or, if approved by the Director, a shared live/work entry on
the grade level of the unit. Each live/work unit shall be provided a
primary entry from common areas such as hallways, corridors,
and/or exterior portions of the building such as courtyards,
breezeways, parking areas, and public spaces.
g. Work Area: With the exception of Artist Colony units, each
live/work unit shall have a minimum of 300 square feet of floor
area designed and constructed as work area.
Page 7
h. Walls Facing Street and / or Parking Lot: excluding Professional
Live/work Units, ground floor exterior walls facing a street and/or
a parking lot shall have one store front window having a minimum
height of 3 feet and width of 5 feet.
1. Vehicle Parking Requirements: One space for each 250 square feet
of cumulative gross floor area of work area in the live/work units
in the mixed use development; and 2 covered spaces within an
enclosed garage for each live/work unit, plus I uncovered off-
street guest parking space for every 5 live/work units.
J. Tandem Parking: Unattended tandem parking will be permitted if
the Director determines that such parking would be appropriate
and effectively used.
k. Loading spaces are not required for the commercial components of
a live/work unit provided the work area of the live/work unit does
not exceed 700 square feet of floor area.
I. Noise: Noise levels generated by a live/work unit shall conform to
the requirements of the Municipal Code for residential use.
m. Business Hours: Hours of operation for businesses serving
customers on-site from live/work units shall be limited to 7:00
a.m. to 7:00 p.m. Monday through Friday, and from 9:00 a.m. to
5:00 p.m. Saturday.
n. No Separation Sale or Rental: No portion of a live/work unit may
be separately rented or sold as a commercial space for a person or
persons not living in the premises or as a residential space for a
person or persons not working in the same unit.
o. Business in a Live/Work Units: Conducting a business in the work
area of a live/work unit is an opportunity for those whose home-
based businesses will blend with the unique environment.
Conducting a business in the work area is not required.
p. Arcade/Pinball and Arcade Video Games: On-site arcade/pinball
machines and arcade video games may not be installed or operated
in the work area of a live/work unit.
Page 8
q. Employment: A business conducted in a work area of a live/work
unit may have on the premises at any given time a maximum of
three part-time and/or full-time employees. There is no limit to
resident - family-member-employees.
r. Pre-wired: Each live/work unit shall have a minimum of 200 amp
electric service. Each live/work unit shall be pre-wired for
telephone, cable television and computer Internet. Each live/work
unit shall be pre-wired for a security system approved by the
Police Department.
9. Professional Live/Work Unit: A dwelling constructed, maintained
and operated having commercial uses restricted to Studio/Artist and
Creative/Tech-based Offices and Services, and/or Professional Offices
and Services (including Combination Residence/Office), and primarily
non-retail uses in the work area, is classed as a Professional LiveIWork
Unit.
a. The following types oflive/work units (including but not limited to
Combination Residence/Office and Artist Colony units)
are Professional Live/Work Units:
I. Studio/Artist and CreativelTech-based Offices and Services:
Activities in these live/work units include, but are not limited
to, artist studios and non-traditional live and work space for
technology art afld- graphics-based professional activities and
services such as web and software-based application and
development, animation, multimedia development,
programming, and other similar uses which do not require
intensive customer traffic.
2. Professional Offices and Services: Activities in these live/work
units include, but are not limited to, tax preparation,
accounting, financial planner, architecture, landscape
architecture, engineering and planning consultant services,
graphic. and arts, attorney, chiropractor, internet or web
oriented businesses, and other similar uses which do not
require intensive customer traffic.
b. Professional Live/Work Units (including but not limited to
Combination Residence/Office in CO-I and CO-2 land use
districts) shall be constructed, maintained and operated as
live/work units, with the following additional standards and
exc~ptions:
Page 9
I. Land Use Activities in Professional Live/Work Units:
Residential uses shall be condominium, townhome and/or
single family detached dwellings only. In addition to the land
use activities prohibited in live/work units, no retail sales shall
occur in a live/work unit designated as a "professional
live/work unit" unless the sales products are jewelry, art
products such as ceramics, paintings, graphics, pottery,
sculpture, photography, or similar products, and/or the products
of the occupant's primary business located in the work area on
the premises.
2. Occupancy: The residential portion of a
Professional Live/Work Unit shall only be occupied by the
individual and his/her family that has their professional
occupation or business established in the work areas of said
unit.
3. Signage shall be restricted to signage attached to the dwelling
and shall not exceed three (3) square feet for each dwelling unit
containing a business.
4. Parking Requirements: One space for each 500 square feet of
cumulative gross floor area of work area; and 2 covered spaces
in an enclosed garage for each Professional Live/Work Unit.
ATTACHMENTD
CONDITIONS OF APPROVAL
Tentative Tract No. 17704 (Sub No. 05-31) & Conditional Use Permit No.05-17
I. This approval is for Tentative Tract Map No. 17704 (Sub No. 05-31 )to subdivide 1.3 acres to
create a I-lot subdivision and Conditional Use Permit No. 05-17 to construct 12 three 3-story
mixed-use residential and commercial live/work detached dwelling units in the CG-2,
Commercial General land use district.
2. Within two years of this approval, the filing of the final map with the Council shall have
occurred or the approval shall become null and void. Expiration of a tentative map shall
terminate all proceedings and no final map or parcel map shall be filed without first
processing a new tentative map. The City Engineer must accept the final map documents as
adequate for approval by Council prior to forwarding them to the City Clerk. The date the
map shall be deemed filed with the Council is the date on which the City Clerk receives the
map.
Expiration Date: 2 years from effective date of Development Code Amendment
3. Within two years of this approval, all necessary building permits must be obtained and
commencement of work/construction shall have occurred or the permit/approval shall
become null and void. In addition, if after commencement of work/construction, the
work/construction is discontinued for a period of one year, then the permit/approval shall
become null and void. However, approvalof' the Tract Map/Development Permit does not
authorize commencement of construction. AIL necessary permits must be obtained prior to
commencement of specified construction activities included in the Conditions of Approval
and Standard Requirements.
4. The review authority shall ensure that the project complies with all Development Code
provisions in effect at the time of the requested extension. review authority may, upon
application being filed 30 days prior to the expiration date and for good cause, grant one time
extension not to exceed 12 months. The review authority shall ensure that the project
complies with all current Development Code provisions.
5. In the event that this approval (including DCA No. 05-06 and GPA No. 05-12) is legally
challenged, the City will promptly notify the applicant of any claim or action and will
cooperate fully in the defense of the matter. Once notified, the applicant agrees to defend,
indemnifY, and hold harmless the City, the Economic Development Agency, the
Redevelopment Agency, their affiliates, its officers, agents and employees from any claim,
action or proceeding against the City of San Bernardino. The applicant further agrees to
reimburse the City, the Redevelopment Agency and the Economic Development Agency of
any costs and attorneys' fees which the City, the redevelopment Agency or the Economic
Development Agency may be required by a court to pay as a result of such action, but such
participation shall not relive applicant of his or her obligation under this condition.
DCA No. 05-06
GPA No. 05-12
TTM No. 17704
CUP No. 05-17
Page 2
The costs, salaries, and expenses of the City Attorney and employees of his office shall be
considered as "attorneys fees" for the purpose of this condition.
As part of the consideration for issuing this permit, this condition shall remain in effect if this
Tentative Tract and or Conditional Use Permit is rescinded or revoked, whether or not at the
request of applicant.
6. The final map, grading plan, and site improvement plans shall be in substantial conformance
with the Tentative Map approved by the Planning Commission. Minor modifications to the
plan(s) shall be subject to approval by the Director of Development Services through a minor
modification permit process. Any modification which exceeds 10% of the following
allowable measurable design/site considerations shall require the re-filing of the original
application and a subsequent hearing by the appropriate hearing review authority if
applicable:
a. On-site circulation and landscaping.
b. Placement and/or height of walls, fences and structures.
c. Minor lot line adjustments, provided the lot area of each approved lot shall not be
reduced below the minimum lot area permitted in the Development Code.
d. A reduction/increase in density, intensity or number of lots of a development project.
e. Reconfiguration or architectural features, including colors, and/or modification of the
finished materials that do not alter or comprise the previously approved theme.
".
7. No vacant, relocated, altered, repaired or hereafter erected structure shall be occupied or no
change of use of land or structure( s) shall be inaugurated, or no new business commenced as
authorized by this permit until a Certificate of Occupancy has been issued by the
Development Services Department. A temporary Certificate of Occupancy may be issued by
the Development Services Department subject to the conditions imposed on the use, provided
that a deposit is filed with the Development Services Department prior to the issuance of the
Certificate. The deposit or security shall guarantee the faithful performance and completion
of all terms, conditions and performance standards imposed on the intended use by this
permit.
8. This permit or approval is subject to all the applicable provisions of the Development Code
in effect at the time of approval. This includes Chapter 19.20 - Property Development
Standards, and includes: dust and dirt control during construction and grading activities;
emission control of fumes, vapors, gases and other forms of air pollution; glare control;
exterior lightning 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.
DCA No. 05-06
GPA No. 05-12
TTM No. 17704
CUP No. 05-17
Page 3
9. All perimeter block walls (north and west boundaries) shall be decorative both sides (split
face, slump stone, etc.).
10. Any security gates/bars, doors, window bars shall be installed on the inside of the structure
only. Video surveillance equipment installed/used on the exterior shall be painted tO,match
the structure, or treated to blend with the architecture of the development.
II. All exterior lighting shall be energy efficient with the ability to lower or reduce usage when
the store is closed. Signage may be required to be turned off when the business is closed.
12. Ifthe color of the building or other exterior finish materials are to be modified, the revised
color scheme and/or finish materials shall be reviewed and approved by the Planning
Division prior to commencement of work.
I3. Construction shall be in substantial conformance with the plan( s) approved by the Director,
Development Review Committee, Planning Commission or Mayor and Common Council.
Minor modification to the plan(s) shall be subject to approval by the Director through a
minor modification permit process.
14. The landscape plan shall include one 24" box tree for every four parking spaces (employee
and customer), consistent with the requirements of Section 19.24.060(6)(B) and Chapter
19.28 of the Development Code.
15. No painted window signs, roof signs, permanent sale or come-on signs will be permitted at
this site.
16. Signs are not approved as a part of this permit. Prior to establishing any signs, the applicant
shall submit an application, and receive approval for a sign permit from the Planning
Division. All signage on the site shall be consistent with the provisions of the Development
Code.
17. Any change in elevation or building pad height of 6" or more along the perimeter of the
tract/parcel map will require approval by the Planning Commission. Any change in elevation
or building pad height of I" or more within the project site will require approval by the
Planning Commission. The applicant's/owner's engineer will certify the elevation of the
building pads to the City Engineer, prior to construction of the building foundation.
18. Submittal requirements for permit applications (building, site improvements, landscaping,
etc.) to Building Plan Check and/or Public Works/Engineering shall include all Conditions of
Approval and Standard Requirements issued with the Planning approval.
DCA No. 05-06
GPA No. 05-12
TTM No. 17704
CUP No. 05-17
Page 4
19. If cultural or historical remains are found during the development of the site, a qualified
archaeologist shall be notified immediately and empowered to halt construction until
adequate data recovery and/or protection measures are implemented.
20. The project is subject to all applicable Mitigation Measures contained in the Mitigation
Monitoring/Reporting Program (Attachment G).
21. This permit or approval is subject to the attached conditions or requirements of the following
City Departments or Divisions and other public agencies:
a. Plan Check Division
b. Public Works Division
c. Fire Department
d. Public Services
e. Water Department
ATTACHMENTE
City of San Bernardino
STANDARD REQUIREMENTS
Development Services/Plan Check Division
Property address: ~v-YA \~~ df :;~s-k~ 240 ~&fS;~~.
~
DRC/CUP/DP: C \A~ i-Jo 05 - '1
DATE: \ I , 3, '2_8" <:;;-
NOTE; NO PLANS WILL BE ACCEPTED
PLAN CHECK WITHOUT CONDITIONS
APPROVAL IMPRINTED ON PLAN SHEETS.
FOR
OF
Submit 6 sets of plans, minimum size 18" x 24", drawn to scale. If plan check is for
expeditious review, submit 6 sets. The plans shall include (if applicable):
a. site plan (include address & assessors parcel number)
b. foundation plan
c. floor plan (label use of all areas)
d. elevations
e. electrical, mechanical, & phimbing 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 24lEnergy 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 IMPL Y THAT THE DESIGN AS SUBMITTED WILL BE APPROVED WITHOUT
CORRECTIONS.
Comments:
300 N 'D' Street San Bernardino CA 92418
909-384-507\ Office
909-384-5080 Fax
CITY OF SAN BERNARDINO
Development Services Department - Public Works Division
Standard Requirements
Description: Construct 12 three-story Residential/Commercial Office
Condominiums Units.
Applicant: 3rd Street DeveloDment. LLC & Cliff Carol
Location: North Side of 3rd Street east of Sierra Way
Case Number: Tract No. 17704 and Conditional Use Permit No. 05-17
1. Drainaae and Flood Control
a) All necessary drainage and flood control measures shall be subject
to requirements of the City Engineer. The developer's Engineer
shall furnish all necessary data relating to drainage and flood
control.
b) A local drainage study will be required for the project. Any drainage
improvements, structures or storm drains needed to mitigate
downstream impacts or protect the development shall be designed
and constructed at the developer's expense, and right-of-way
dedicated as necessary.
c) All drainage from the development shall be directed to an approved
public drainage facility. If not feasible, proper drainage facilities
and easements shall be provided to the satisfaction of the City
Engineer.
d) If site drainage is to be outletted into the public street, the drainage
shall be conveyed through a parkway culvert constructed in
accordance with City Standard No. 400. Conveyance of site
drainage over the Driveway approaches will not be permitted.
e) The applicant shall submit a Storm Water Pollution Prevention Plan
(SWPPP) and Water Quality Management Plan (WQMP). These
plans shall be approved by the City Engineer, prior to issuance of
any permits authorizing land-disturbing activities. (Refer to the
. . City's web page at www.cLsan-bernardino.ca.us - Departments -
Development Services - Public Works for templates of these
plans).
Project: 12 3-storv LivelWork Condominium Units on the North Side oOed Street east of Sierra Wav
Case No. TR 17704 and CUP 05-17
Page 2 of8
f) A "Notice of Intent (NOI)" shall be filed with the State Water
Resources Control Board for construction disturbing 1 acre or more
of land.
g) The City Engineer, prior to grading plan approval, shall approve an
Erosion Control Plan. The plan shall be designed to control erosion
due to water and wind, including blowing dust, during all phases of
construction, including graded areas which are not proposed to be
immediately built upon.
2. Gradina and LandscaDina
a) If more than l' of fill or 2' of cut is proposed, 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 7012(c) of the uniform Building Code.
d) If more than 1,000 cubic yards of earth is to be hauled on City
Streets then a special hauling permit shall be obtained from the City
Engineer. Additional conditions, such as truck route approval,
traffic controls, bonding, covering of loads, street cleaning, etc. may
be required by the City Engineer.
e) A liquefaction evaluation is required for the site. This evaluation
must be submitted and approved prior to issuance of a grading
permit. Any grading requirements recommended by the approved
liquefaction evaluation shall be incorporated in the grading plan.
f) An on-site Improvement Plan is required for this project. Where
feasible, this plan shall be incorporated with the grading plan and
shall conform to all requirements of Section 15.04-167 of the
. Municipal Code (See "Grading Policies and Procedures").
Project: 12 3-storv Live/Work Condominium Units on the North Side of 3'" Street east of Sierra Wav
Case No. TR 17704 and CUP 05-17
Page 3 of8
g) Wheel stops are not permitted by the Development Code except at
handicap parking spaces. Therefore, continuous 6" high curb shall
be used around planter areas and areas where head in parking is
adjacent to walkways. The parking spaces shall be 16.5' deep and
may overhang the landscaping or walkway by 2.5'. Overhang into
the setback area or into an ADA path of travel (minimum 4' wide) is
not permitted.
h) A refuse enclosure constructed in accordance with City Standard
Drawing No. 508 modified as approved by the City Engineer to
provide ADA accessibility. The minimum size of the refuse
enclosure shall be 8 feet x 15 feet, unless the Public Services
Department, Refuse Division, approves a smaller size, in writing.
j) The number and placement of refuse enclosures shall be as
approved by the Development Review Committee.
k) Retaining walls, block walls and all on-site fencing shall be
designed and detailed on the On-site Improvement Plan. This work
shall be part of the On-site Improvement permit issued by the City
Engineer.
I) All walls shall be constructed of decorative block with architectural
features acceptable to the City Planner.
m) All fencing shall be shown and detailed on the on-site improvement
plan.
n) Interior fencing material within 5 feet of the structure shall be either
non-combustible or 1-hour fire rated. Vinyl fencing is not allowed
within 5 feet of the structure.
0) The on-site improvement plan shall include details of on-site
lighting, including light location, type of poles and fixtures,
foundation design, conduit location and size, and the number and
size of conductors. Photometry calculations shall be provided
which show that the proposed on-site lighting design will provide 1
foot-candle of illumination uniformly distributed over the surface of
the parking lot during hours of operation and 0.25 foot-candles
security lighting during all other hours.
p) The design of on-site improvements shall also comply with all
requirements of The California Building Code, Title 24, relating to
. handicap parking and accessibility, including retrofitting of existing
building access points for handicap accessibility, if applicable.
Project: 12 3-storv LivelWork Condominium Units on the North Side 00"' Street east of Sierra Wav
Case No. TR 17704 and CUP 05-17
Page 4 of8
q) A handicap accessible path of travel shall be provided from the
public way to the building entrance. All pathways shall be concrete
paved and shall provide a minimum clear width of 4 feet. Where
parking overhangs the pathway, the minimum paved width shall be
6.5 feet.
r) Where the handicap accessible path of travel crosses drive aisles,
it shall be delineated by striping or textured/colored concrete
pavement.
s) The project Landscape Plan shall be reviewed and approved by the
City Engineer prior to issuance of a grading permit. Submit 5
copies to the Engineering Division for Checking.
t) The public right-of-way, between the property line and top of curb
(also known as "parkway") along adjoining streets shall be
landscaped by the developer and maintained in perpetuity by an
association of owners. Details of the parkway landscaping shall be
included in the project's on-site landscape plan, unless the parkway
area is included in a landscape maintenance district, in which case,
a separate landscape plan shall be provided.
3. Utilities
a) Design and construct all public utilities to serve the site in
accordance with City Code, City Standards and requirements of the
serving utility, including gas, electric, telephone, water, sewer and
cable TV (Cable TV optional for commercial, industrial, or
institutional uses).
b) Each parcel shall be provided with separate water and sewer
facilities so the City or the agency providing such services in the
area can serve it.
c) Backflow preventers shall be installed for any building with the
finished floor elevation below the rim elevation of the nearest
upstream manhole.
d) Sewer main extensions required to serve the site shall be
constructed at the Developer's expense.
c) This project is located in the sewer service area maintained by the
City of San Bernardino therefore, any necessary sewer main
.extension shall be designed and constructed in accordance with the
City's "Sewer Policy and Procedures" and City Standard Drawings.
Project: 12 3-storv Live/Work Condominium Units on the North Side of 3"' Street east of Sierra Wav
Case No. TR 17704 and CUP 05-17
Page 5 of8
d) Utility services shall be placed underground and easements
provided as required.
e) A street cut permit, from the City Engineer, will be required for utility
cuts into existing streets where the street is not being repaved as
part of the required improvements.
f) All existing overhead utilities adjacent to or traversing the site on
either side of the streel shall be undergrounded in accordance with
Section 19.20.030 (non-subdivisions) or Section 19.30.110
(subdivisions) of the Development Code.
g) Existing Utilities which interfere with new construction shall be
relocated at the Developer's expense as directed by the City
Engineer, except overhead lines, if required by provisions of the
Development Code to be undergrounded. See Development Code
Section 19.20.030 (non-subdivisions) or Section 19.30.110
(subdivisions).
h) Sewers within private streets or private parking lots will not be
maintained by the City but shall be designed and constructed to
City Standards and inspected under a City On-Site Construction
Permit. A private sewer plan designed by the Developer's Engineer
and approved by the City Engineer will be required. This plan can
be incorporated in the grading plan, where practical.
4. MaDDinQ
a) A Final Map based upon field survey will be required.
b) All street names shall be subject to approval of the City Engineer
prior to Map approval.
c) Additional survey and map information including, but not limited to,
building setbacks, flooding and zones, seismic lines and setbacks,
geologic mapping and archeological sites shall be filed with the City
Engineer in accordance with Ordinance No. MC-592.
d) If this Map is located in an Assessment District and the assessment
has not been paid off, the subdivider shall submit an apportionment
application to the Real Property section of the Public Works
Division. Application forms can be obtained from the Real Property
Section at (909) 384-5026.
e) '. Assessment District Apportionment Fees:
. Parcel Map of 4 or fewer Parcels - .$1,100.00.
Project: 12 3-storv LivefWork Condominium Units on the North Side of3'd Street east of Sierra Wav
Case No. TR 17704 and CUP 05-17
Page 6of8
f) Final Maps or Parcel Maps of more than 4 Parcels - $2.250.00 plus
$25.00 for each final assessable lot or parcel.
5. Improvement Completion
a) Street, sewer, drainage improvement, traffic signals, and landscape
maintenance district landscape and irrigation plans for the entire
project shall be completed, subject to the approval of the City
Engineer, prior to the Map recordation.
a) If the required improvements, including landscaping and irrigation
within the landscape maintenance district, are not completed prior
to Map recordation, an improvement security accompanied by an
agreement executed by the developer and the City will be required.
b) Street light energy fee to pay cost of street light energy for a period
of 4 years shall be paid. Exact amount shall be determined and
shall become payable prior to map recording.
6. Street Improvement and Dedications
a) All public streets and public easements within and adjacent to the
development shall be improved to include combination curb and
gutter, paving, handicap ramps, street lights, sidewalks, and
appurtenances, including, but not limited to traffic signals, traffic
signal modifications, relocation of public or private facilities which
interfere with new construction, striping, and landscaping and
irrigation in the landscape maintenance district shall be
accomplished in accordance with the City of San Bernardino
"Design Policies and Procedures" and City "Standard Drawings,"
unless otherwise approved by the City Engineer. Street lighting,
when required, shall be designed and constructed in accordance
with the City's "Street Lighting Policies and Procedures." Street
lighting shall be shown on street improvement plans except where
otherwise approved by the City Engineer.
b) For the streets listed below, dedication of adequate street right-of-
way (R.W.) to provide the distance from street centerline to
property line and placement of the curb line (C.L.) in relation to the
street centerline shall be as follows:
Street Name Riaht of Wav/ft.} Curb Line/ft}
..
3rd Street 41.25' (Existing to 27' (Existing to
Remain) remain)
Project: 12 3-storv Live/Work Condominium Units on the North Side of 3,d Street east of Sierra Wav
Case No. TR 17704 and CUP 05-17
Page 7 of8
c) Remove and replace any existing damaged curb, gutter and
sidewalk adjacent to the site in accordance with City Standard No.
200 (8" Curb & Gutter) and 202, Case "A" (6' wide adjacent to
curb).
d) Construct Driveway Approaches per City Standard No. 204, Type
II, including handicap by-pass. Remove existing driveway
approaches that are not part of the approved plan and replace with
full height curb & gutter and sidewalk.
7. Reauired Enaineerina Plans
a) A complete submittal for plan checking shall consist of street
improvement, sewer, storm drain, traffic signal, striping, lighting,
grading, on-site landscaping and irrigation, landscaping and
irrigation in the landscape maintenance district, and other plans as
required. Piecemeal submittal of various types of plans for the
same project will not be allowed.
b) The rough grading plan may be designed and submitted in
combination with the precise grading plan.
c) All public improvement plans submitted for plan check shall be
prepared on the City's standard 24" x 36" sheets. Grading and on-
site improvement plans shall be submitted on 24" x 36" sheets
unless otherwise approved by the City Engineer. A signature block
satisfactory to the City Engineer or his designee shall be provided.
d) After completion of plan checking, final mylar drawings, stamped
and signed by the Registered Civil Engineer in charge, shall be
submitted to the City Engineer for approval.
e) Electronic files of all improvement plans/drawings shall be
submitted to the City Engineer. The files shall be compalible with
AutoCAD 2000, and shall be submitted at the same time the final
mylar drawings are submitted for approval.
f) Copies of the City's design policies and procedures and standard
drawings are available at the Public Works Counter for the cost of
reproduction. They are also available at no charge at the Public
Works Web Site
http://www.ci.san-bernardino.ca.us/site/pw/default.htm
8. Reauired Enaineerina Permits
a) Grading permit (If applicable.).
Project: 12 3-storv LivefWork Condominium Units on the North Side of 3'" Street east of Sierra Way
Case No. TR 17704 and CUP 05-17
Page 8 of8
b) On-site improvements construction permit (except buildings - see
Development Services-Building Division), including landscaping.
c) Off-site improvement construction permit.
7. Aoolicable Enaineerina Fees
a) All plan check, permit, inspection, and impact fees are outlined on
the Public Works Fee Schedule. A deposit in the amount of 100%
of the estimated fee for each set of plans will be required at time of
application for plan check.
b) The current fee schedule is available at the Public Works Counter
and at httD://www.ci.san-bernardino.ca.us/site/Dw/default.htm
c) Please check with the development review section of the Public
Works Division at 909-384-5110 for current in-house plan check
turn-around times.
d) Expedited plan checking is available. A deposit in the amount of
150% of the estimated plan check fee for each set of plans will be
required at time of application for expedited plan check.
8. Public Works Occuoancv Reauirements for Tract Develooment.
a) Perimeter walls shall be shown and detailed on the rough grading
plan and permitted as part of the rough grading of the site.
b) Landscape and irrigation plans for on-site landscaping shall be
approved prior to issuance of grading permits.
c) Perimeter walls shall be installed and accepted prior to acceptance
of rough grading.
d) On-site landscaping (private areas) shall be installed and accepted
prior to release of gas utility and prior to final inspection.
CITY OF SAN BERNARDINO FIRE DEPARTMENT/7M 11101-
STANDARD REQUIREMENTS Case: Grit 05. 12-.
Date: /i/3( r;
/.... I I I /? O' r _ /'-7 Reviewed BY:GFJ<'./
f'0"j(;t:.r~ L"-14f \- .A If? _;2 / ~-
GENERAL REQUIREMENTS:
8 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.
o 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!!!.!!!! be available Drior to placing combustible materials on site.
0e~ Cr
WATER PURVEYOR FOR FIRE PROTECTION:
o The fire protection water service for the area 01 this project is provided by:
o San Bernardino Municipal Water Department-Englneenng (909) 384-5391
o East Valley Water Distncl-Engineenng (909) 888-8986
o Other Water purveyor:
Phone:
PUBLIC FIRE PROTECTION FACILITIES:
o Public fire hydrants are required along streets at intervals not to exceed 300 feet for commercial and muhi-residential areas and at intervals not to exceed
500 feet for nlSidentlat an>as.
o Fire hydrant minimum flow rates of 1,500 gpm at a 20 psi minimum residual pressure are required for commercial and muHi-residential areas. Minimum fire
hydrant flow rates of 1,000 5I>ffl at a 20 psi minimum residual pressure are required for residential areas.
D Fire hydrant type and specific klcatlon 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 specificiltions of the water purveyor.
o Public fire hydrants, fire services, and public water facilities necessary to meet Fire Department requirements are the developer's financial responsibility and
shall be instal1ed by the water purveyor or by the developer at the water purveyor's discretion. Contact the water purveyor indicated above for additional
information.
ACCESS:
o Provide two separate, dedicated routes of ingress/egress to the property entrance. The routes shall be paved, all weather.
J4' Provide an access road to elch building for fire apparatus. Access roadway shall have an all-weather driving surface of not less than 20 feet of unob-
structed width.
o 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 muhiple-story buildings.
Provide "NO PARKING" signs whenever parking of vehicJes would possible reduce the clearance of access roadways to less than the required width. Signs
are to ,ead "FIRE LANE-NO PARKlNG-M.C. see.1S.16".
o Dead-end streets shall not exceed 500 feet in length and shall have a minimum 40 foot radius turnaround.
o The names of any new streets (public or private) shall be submitted to the Fire Department for approval.
SITE:
'0 All access roads and streets are to be constructed and usable prior to combustible construction.
"("}r 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 Banel type, 'Mth one 210i 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 \\411 not be blocked by parked vehicles. lettering to be in white 6" by 1f.z".
~YILDINGS:
[2J. 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.
D Identify each gas and electric meter with the number of the unit it serves.
D 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 automati!1ire sprinklers designed to NFPA standards.
"f'q All buildings, over 5,000 square feet, shall be equipped with an automatic fire sprinker system designed to NFPA standards. This includes existing buildings
T vacant over 365 days.
t Submit plans for the fire protection system to the Fire Department prior to beginning construction of the system. Permit required.
Tenant improvements in all sprlnldered 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. Pennit required.
Fire Department connection to sprinkler system/standpipe system, shall be rlt9uired at Fire Department approved location.
Fire Code Permn required. apply at 200 e..t3rd street. (909) 384-5388.~ Iff
Fire Sprinkler monitoring required. Plans must be approved by the Fire Department prior to the start of construction. Pennit required.
o Occupant Load.
Note: The applicant must reque~t, in writing, any changes to Fire Department requirements.
ADDITIONAL INFORMATION: P !l(J1 II rJq fA. ./(/v1'l>G P;Ox GIJr.t21 :5y.~JrJ
FPBl70(03-03)
City of San Bernardino Public Services Department
Development Project Conditions of Approval
300 North D Street - 4th Floor
San Bernardino, CA 9241 8
Project Number: CUP 05-17 Project Planner: Aron Liang Review Date: 11.3.05
Project Description/Business Name: 3rd 5treet Mixed Use Project
Project Location/Address: North side 3 5treet approx. 240 feet east of 5ierra Av Service Account:
Reviewed By: e-mail: Phone:
Michelle Dyck- Turner dyck -turner _m i@cLsan-bernardino.ca.us 909.384.5549 #3162
. Standard Development Requirements
Project shall meet all applicable 5tandard Development Requirements as attached.
. Integrated Waste Management Survey
Applicant shall submit an Integrated Waste Management 5urvey for each of the activities marked below
with the initial application to Planning for approval by the Public Services Department Refuse and Recycling
Division prior to issuance of permits for each activity.
The information contained in the Survey as well as any related comments and mitigation provided by Public
5ervices shall be summarized in the Initial Study and EIR if required for the project under CEQA.
0 Demolition & Site o Construction / Renovation o Business Operations or Event
Preparation
. Additional Requirements or Recommendations
MD/PS 6.27.2003
City of San Bernardino Public Services Department
Standard Development Requirements
300 North 0 Street - 4th Floor
San Bernardino, CA 9241 8
RESIDENTIAL TRACTS & LOTS
Collection Services
1. Residential refuse and recycling services are to be provided by the City of San Bernardino Refuse & Recycling
Division a minimum of once weekly.
2. The City shall provide upon request one set of a blue, green, and black 96 or 64-gallon automated service cart
to each single family unit, OR one set to every 2 units in multi-unit dwellings up to 8 units.
3. Commercial requirements shall apply to all multi-unit dwellings over 8 units, unless otherwise approved.
4. Nonresidential establishments such as small offices, shops, meeting halls, or churches, which generate 2 cubic
yards or less of non-bulky waste per week and are located on the same side of a residential block receiving
automated cart service shall meet residential rather than commercial requirements.
Automated Cart Storage & Access
5. Residential units shall construct a minimum 4 feet by 11 feet concrete pad located out of view of public right-
of-way for storage of each set of up to 4 automated carts. If visible from the public right-of-way, the storage
area shall be screened by landscaping, or masonry or solid wood fencing. SHOW ON GRADING AND SITE PLANS.
6. The path of travel from the storage pad to street shall be continuously paved without step or curb with 4-foot
minimum gate openings in walls and fencing. The path of travel may include a paved driveway or patio area.
SHOW ON GRADING AND SITE PLANS.
Service Vehicle Access
7. Projects shall meet City Engineering vehicle access requirements on all streets within a residential tract. These
requirements sha/I not limit requirements for Fire vehicle access.
Curbside Service Area
8. A minimum 14-foot linear space on the street along the curb adjacent to the driveway of each residence must
be clear for automated service carts, with a minimum 2-foot setback and 13-foot vertical clearance of all
obstructions such as structures, fences, and raised landscaping.
Gated Access
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.
MDiPS 6.27.2003
12/29/2005 15:43
9093845532
;:'l:lIVIWlJ
SAN BERN~RDINO MUNICIPAL WATER REPARTMENT
STANDARD REQUIREMENTS
DRClERC Case: GENERAL PLAN AMENDMENT NO. 05-12. DEVELOPMENT CODE AMENDMENT NO. 05-06, TENTATIVE TRACT
APN NUMBER:
EPN NUMBER:
REVIEW OF PLANS;
OWNER:
DEVELOPER;
"TYPE OF PROJECT:
135-181-66
2005-068
DATE COMPILED;
COMPILED BY: Brunson, Ted
Same as above
3rd Slleet D....lopment. LLC & Cliff Carol
Approximately 1.3 acres of land ct8ate . one lot oonoominium subdivision, ano oonstru<:l12 three-story
resid.nUaUoommercial office condominium units. The project site is locat.o on the nortl1side 013,d Straet
apptOllimalely 240 teet east of Sierra W"'I
NUMBER OF UNITS: 0
LOCAi10N: NoM side of 3rd Street .pproximlllely 240 reolo.s' of Sierra Way
WATER DEPARTMENT ENGINEERING:
CONTACT: LiICh"elO, Matlhow PHONE NUMBER: (909) 384-!;386 FAX NUMBER: (909) 384-5532
Note: AU WIllei' SIlVIe... are Subject to III. Rules RegulBlians of III. w..tl!r Depattmllllt
r.Il Size of Main Atljacent the Project 6" C.!. In 3rd SI.
~I Approximate W.ler Pressure .1!l!l.J!!l Elevation ofWO\er Storage: 1249
o Type, Si.., LocatiCln and Distance to Nearest Fire Hydrant
D Water Supply Stucly ReqUire<! n PreSGure RegUlator Required on Customer Sido of the Meier
n Ollsile Water Fadlllles Require<! LJ Water Main Reimbursement Due
~ Area Not SOMld by San Bemardino Municipal Water Departmenl
,:=; Nelwork Hydraulic Analysis Required per UnilolTl1 Design Standards
Comments~
Hyclranl Row @ 2Opsi:
WATER QUAU1Y CONTROL ,I. /'~
CONTACT: Arrieta, Con PHONE NUMBER: (909) 384.5325 . . FAX NUMBER; (909) 384-5929
[;;1 R.P.P. Backnow Device Roquire<l a' SeMce Connection for Domestic SOMC8
~ Double Check Backllow Device ReqUire<! a, Service Connection lor Fire and Imglltion
~ Backllow Device to be Inspectecl before Wale, SeMce can bo Act"'ate<l
r:J No Bockflow Device is required at this time
SEWER CAPACI'IY INFORMATION
CONTACT; Thomsen, Nell PHONE NUMBER: (909) 384.5093 FAX NUMBER: (909) 384-5592
Note: Proof of Payment //lust be Submitted to fhe Building Safely """'rfmen! PrIor to Issuance of the Butldlng Petml/
r"] Sewer Capacity Fe. Applicable al thislim.
U Sewer Capaclty Fee must be paid 10 the Weier Departmenl for !! Gallons Por Day: Equivalent Dwelling Un~9; ll.
~ Subject to Recalculation of Foo prior to the Issuance of BUilding PelTl1it
D Breakdown Of Estimaled Gallons Per Day
COPY TO: Customer; Planning: EngIneering
Thui'!lday. December 29, 2005
EPM
Page 1 of I
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
ATTACHMENT F
CITY OF SAN BERNARDINO
INITIAL STUDY FOR
TRANSTECH MIXED USE LIVE/WORK HOMES
PROJECT DESCRIPTION/LOCATION: A request for approval of a General Plan Amendment to
change the land use designation from CO-I, Commercial Office District to CG-2, Commercial General
District for 1.3 acres located on the north side of Third Street; approval of a Tentative Tract Map and
Conditional Use Permit for a one-lot subdivision to develop 12 vertical mixed use live/work homes at
the subject property; approval of a Text Amendment to the Development Code to establish standards for
mixed use development, including placing greater restrictions on the types of commercial land use
activities permitted in mixed use development and to permit vertical and/or horizontal mixed-use
development containing commercial uses mixed with residential uses, subject to approval of a
Conditional Use Permit, in the CR-2, CG-2, CG-3, and CG-4land use districts; approval of requiring a
Conditional Use Permit for Artist Colony units in the CR-2 land use district; and approval of requiring a
Conditional Use Permit for Combination Residence/Office units in the CO-I and CO-2 land use
districts. The 1.3 acre project site of the proposed 12 live/work homes is on the north side of Third
Street approximately 300 feet east of Sierra Way. The Text Amendment to the Development Code is
applicable to the CR-2, CG-2, CG-3, CG-4, CO-I and CO-2 land use districts located throughout the
City.
DATE: October 16, 2005
PREPARED BY
City of San Bernardino
300 North D Street
San Bernardino, CA 92418
(909) 384.5057
PREPARED FOR
TFanstech Engineers, Inc.
624 Brea Canyon Road
Walnut, CA 91789
909.595.8599
MAPCO
413 Mackay Drive
San Bernardino, CA 92408
909.384.7464
IS I
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
The California Environmental Quality Act (CEQA) requires the preparation of an Initial Study when a
proposal must obtain discretionary approval from a governmental agency and is not exempt from
CEQA. The purpose of the Initial Study is to determine whether or nor a proposal, not exempt from
CEQA, qualifies for a Negative Declaration or whether or not an Environmental Impact Report (EIR)
must be prepared.
1. Project Title: Transtech Live/Work Homes
2. Lead Agency Name: City of San Bernardino
Address: 300 North "D" Street
San Bernardino, CA 92418
3. Contact Person: Aron Liang
Phone Number: (909) 384-5057
4. Project Location (Address/Nearest cross-streets):On the north side of Third Street proximately
300 feet east of Sierra Way.
5. Project Sponsor:
Address:
City of San Bernardino
300 North D Street
San Bernardino. CA 92418
6. General Plan Designation: CO-I, Commercial Office
7. Description of Project (Describe the whole act.ion involved, including, but not limited to, later
phases of the project and any secondary, support, or off-site feature necessary for its
implementation. Attach additional sheets, if necessary): A request for a General Plan
Amendment to change the land use designation from CO-I to CG-2 for a 1.3 acres site to allow
construction of 12 mixed-use live/work homes, subject to approval of a Conditional Use Permit
and a Tentative Tract Map; and a request to amend the text ofthe Development Code to permit and
establish requirements for mixed-use development containing residential and commercial uses in
the CR-2, CG-2, CG-3, CG-4,.CO-l and CO-2 land use districts of the City ofSal1 Bernardino.
Currently, the properly has the 'and use designation of CO-I, which permits "Combination
Residence/Office" units subject to a Development Permit. The applicant could develop the
property with residence/office apartments. However, the applicant desires to develop the property
with owner-occupied type dwellings (townhomes having no common walls and no common roofs)
in a more commercial live/work "mixed-use" design.
The applicant and the Development Services Department recommend changing the land use
designation on the subject property from CO-I to CG-2, and amending the text of the City's
Development Code to estaplish requirements for mixed-use development containing residential
and commercial uses.
IS 2
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
In summary, the text amendment would achieve the following:
I) Require that mixed-use developments containing residential dwellings obtain a Conditional Use
Permit subject to the approval of the Planning Commission. (Note: Currently, only a
Development Permit is required for a mixed-use development in the CG-4/SP and CR-2 land use
districts ).
2) Require that developments containing Combination Residence/Office Dwelling Units obtain a
Conditional Use Permit subject to the approval of the Planning Commission. (Note: Currently,
only a Development Permit is required for Combination Residence/Office Dwelling Units in the
CO-I and CO-2land use districts).
3) Require that developments containing Artist Colony Dwelling Units obtain a Conditional Use
Permit subject to the approval of the Planning Commission. (Note: Currently, only a
Development Permit is required for construction of Combination Residence/Office Dwelling
Units in the CO-I and CO-2land use districts).
4) Establish in the Development Code incentives to construct owner occupied-type dwellings
(rather than multi-family/apartments) in mixed-use development.
5) Establish basic standards and requirements for vertical and/or horizontal mixed-use
developments containing commercial uses mixed with residential uses.
6) Establish basic standards and requirements for Live/Work Dwelling Units (including
Professional Live/Work, Combination Residence/Office, and Artist Colony Dwelling Units), and
non-live work dwellings in mixed-use developments.
7) Allow Home Occupations, subject to approval of a Home Occupation Permit, to be conducted in
single family detached dwellings, condominiums and townhomes in mixed use developments but
not allow Home Occupations to be conducted-in multi-family/apartment units (Note: Currently,
Home Occupations are not specifically addressed in any of the land use designations permitting
mixed use development or proposed to permit mixed use development.
8) Replace Section 19.06 C, identified as "Artist Colony" in the Development Code with "Mixed
Use Commercial and Residential Development (Including Artist Colony and Combination
Residencies/Office). "
9) The following land use activities are prohibited in mixed-use development containing
residential units: Automotive Related Uses, BoardingiLodging Facilities, Restaurants with
Drive- Thurs, Home Improvements with Outdoor Display, Indoor Retail Concession Malls, Mini-
Malls, Nurseries/Garden Supplies, Publishing/Printing Plants, Recycling FaCilities, Recycling
Facilities (Reverse Vending Only), Veterinary Services/Animal Boarding, Funeral
Parlors/Mortuaries, Single-Price overstock/Discount Stores, Adult-Oriented Businesses (See
Section 19.06.030(2)(A) for specific definition of terms), Emergency Shelters, Fortune Tellers,
Tattoo Parlors and/or Body Piercing Studios, Second Hand Stores/Thrift Stores, Check-Cashing
Facilities, and Pawn Shops.
10) In addition to the activities prohibited in mixed use projects containing dwelling units, the
following commerCial land use activities in live/work units are prohibited: Night
Clubs/Bars/Lounges, Entertainment/Recreation, Medical/Care Facilities/Social Services,
Tanning Salons, Dry Cleaners, Laundromats (self-serve), Convenience Stores, Drug Stores,
Supermarkets, Liquor Stores, Mobile Home Sales, and Religious Facilities.
IS 3
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
The text amendment will not allow land use activities more intense than the land use activities
allowed under the City's existing Development Code. The existing Development Code permits a
wider range of commercial activities in possible future developments in the subject land use
districts than would be permitted in mixed-use developments. If the properties which would be
covered by the amendment to the text of Development Code were developed with commercial
development permitted by the Development Code, there is a potential for a greater range of
commercial activity and a potential for greater volumes ofttaffic. If the properties which would be
covered by the amendment were developed as mixed-use residential and commercial
developments, there are fewer permitted commercial uses.
As part of the update of the General Plan, the Planning Center made a comparative analysis of
commercial development versus mixed-use commercial and residential development, Utilizing
estimated residential densities of as great as 47 dwellings per acre (which is highly unlikely to be
this great in mixed-use projects in San Bernardino) in comparison to sites entirely developed with
a variety of commercial uses such as the Carousel Mall (assuming near full tenant occupancy), the
anticipated vehicle trips may be anticipated to be 34% less from mixed-use development. The
Planning Center's work included trip generation information indicating that an acre of residential
development may be anticipated to typically generate about 49.4 daily trips whereas an acre of
retail and/or office development would be anticipated to generate 151 daily trips. Thus, vehicle
trips in mixed-use development containing residential dwellings would be expected to experience
trip reductions in proportion to reduction of commercial square footage and in proportion to an
increase in residential floor area in such mixed-use developments.
8. Surrounding Land Uses and Setting: The subject property is located on the north side of Third
Street approximately 300 feet east of Sierra Way. Surrounding uses to the north are multi-family
apartments in the RH, Residential High district. To the east, west and south adjacent to the site are
commercial uses in the CO-I, Commercial Office land use district.
9. Other agencies whose approval is required (e.g., permits, finance approval, or participation
agreement):
The following permits will be required for construction and/or operation of the proposed project:
Construction related permits from the City of San Bernardino (grading, building, fire, etc.); a Storm
Water Construction NPDES (National Pollutant Discharge Elimination System) permit, a Notice of
Intent must be filed with the State Water Resources Control Board; and a Storm Water Pollution
Prevention Plan (SWPPP) must be prepared and implemented. A copy of the SWPPP must be
retained on site for inspection by the Santa Ana Regional Water Quality Control Board and the City.
. IS 4
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving at
least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following
pages.
0 Aesthetics 0 Agriculture Resources 0 Air Quality
0 Biological Resources 0 Cultural Resources 0 Geology / Soils
0 Hazards & Hazardous 0 Hydrology / Water Quality 0 Land Use / Planning
Materials 0 Noise 0 Population / Housing
0 Mineral Resources 0 Recreation 0 Transportation / Traffic
0 Public Services 0 Mandatory Findings of
0 Utilities / Service Systems Significance
On the basis of this Initial Study, the City of San Bernardino Environmental Review Committee finds:
o I find that the proposed project COULD NOT have a significant effect on the environment, and a
NEGATIVE DECLARATION will be prepared.
~ I find that although the proposed project could have a significant effect on the environment, there
will not be a significant effect in this case because revisions in the project have been made by or
agreed to by the project proponent. A MITIGATED NEGATIVE DECLARA nON will be
prepared.
o I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
o I find that the proposed project MAY have a "potentially significant impact" or "potentially
significant unless mitigated" impact on the environment, but at least one effect I) has been
adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been
addressed by mitigation measures based on the earlier analysis as described on attached sheets. An
ENVIRONMENTAL IMP ACT REPORT is required, but it must analyze only the effects that
remain to be addressed.
o I find that although the proposed project could have a significant effect on the environment,
because all potentially significant effects <a) have been analyzed adequately in an earlier EIR or
NEGA nVE DECLARATION pursuant to applicable standards. and (b) have been avoided or
mitigated pursuant to that EIR or NEGATIVE DECLARATION, including revisions or mitigation
measures that are imposed upon the proposed project, nothing further is required.
/ .X
Signatu~ ~......
~ L;t.4~
Printed ame
LK/tlttfL 1"1 24. C-
Date
~~~J,INC
For
IS 5
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
Less Than
Potentially Significant Less Than No
Significant With Significant Impact
Impact Mitigation Impact
Incorporation
I. AESTHETICS - Would the project:
a) Have a substantial adverse effect on a scenic 0 0 0 t8]
vista as identified in the City's General Plan?
b) Substantially damage scenic resources, 0 0 0 t8]
including but not limited to, trees, rock
outcroppings, and historic buildings within a
state scenic highway?
c) Substantially degrade the existing visual 0 0 0 t8]
character of quality of the site and its
surroundings?
d) Create a new source of substantial light or glare, 0 0 0 t8]
which would adversely affect day or nighttime
view in the area?
e) Other: 0 0 0 t8]
Discussion:
a - d) In accordance with the General Plan, development of this site has no potential to obstruct any
scenic views. The visual impact of the proposed project will not create an offensive change to setting of
the area. This is one of the last undeveloped parcels ofland in the City's downtown. Both residential
and commercial land use activities are existing in the immediately surrounding area. The proposed
mixed-use development of 12 live/work homes is consistent with existing land use activities and will be
superior in quality and attractiveness in comparison to surrounding existing development.
The site is located within an area with surrounding land use designation of abutting residential
development to the north, abutting a fire station to the east, abutting a commercial building to the west,
and is facing a public park, commercial development and residential development. Incremental
increases of light and glare will be created by the proposed project through the installation of streetlights
on the internal parking lots. This is one of the last undeveloped parcels in the area, and the proposed
development is compatible with the surrounding area. Standard conditions of approval for the project
will ensure compliance with the City's Development Code standards for light and glare. No significant
aesthetic effects are anticipated, and no further evaluation or mitigation is required.
IS 6
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
Less Than
Potentially Significant Less Than No
Significant With Significant Impaet
Impact Mitigation Impact
Incorporation
II. AGRICULTURE RESOURCES:
a) Convert Prime Farmland, Unique Farmland, or D D D 0
Farmland of Statewide Importance (Farmland),
as shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of
the California Resources Agency, to a non-
agricultural use?
b) Other: D D D 0
Discussion:
a) The proposed project will not convert Prime Farmland, Unique Farmland, or Farmland of Statewide
Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and
Monitoring Program of the California Resources Agency, to a non-agricultural use.
No further evaluation or mitigation is required.
IS 7
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
Less Than
Potentially Significant Less Than No
Significant With Significant Impact
Impact Mitigation Impact
Incorporation
III. AIR QUALITY - Would the project:
a) Conflict with or obstruct implementation of the 0 0 0 ~
applicable air quality plan? (South Coast Air
Basin)
b) Violate any air quality standard or contribute 0 0 ~ 0
substantially to an existing or projected air
quality violation based on the thresholds in the
SCAQMD's "CEQA Air Quality Handbook?"
c) Result in a cumulatively considerable net 0 0 ~ 0
increase of any criteria pollutant for which the
project region is non-attainment under an
applicable federal or state ambient air quality
standard (including releasing emissions which
exceed quantitative thresholds for ozone
precursors)?
d) Expose sensitive receptors to substantial 0 0 ~ 0
pollutant concentrations?
e) Create objectionable odors affecting a 0 0 0 ~
substantial number of people based on the
information contained in Project Description
Form?
f) Other: 0 0 - 0 ~
Discussion:
a - e) Potential air quality impacts are divided into short-term and long-term impacts. Short terms
impacts are those associated with construction of a project. Long-term impacts are those associated with
operation ofthe project.
The San Bernardino Valley portion of the South Coast Air Basin (SCAB) is designated non-attainment
for nitrogen dioxide, sulfates, particulate matter, and ozone. The criteria pollutants identified in the
SCAB that would be associated with the proposed project include:
IS 8
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
- Ozone (03)
- Carbon monoxide (CO)
- Nitrogen dioxide (N02)
- Particulate matter (PM,)
- Sulfur dioxide (SO,)
- Reactive Organic Compounds (ROC)
SCAQMD adopted the Final 1994 Air Quality Management Plan (AQMP) revision in September 1994
and a draft 1997 update in August 1996 to establish a comprehensive control program to achieve
compliance with federal and state air quality standards for healthful air quality in the SCAB. The Final
AQMP was adopted by the AQMD Board in November 1996 and has since been approved by the
California Air Resources Board (CARB). The AQMP policies serve as the framework for all control
(permitting) efforts in the SCAB as enforced by the SCAQMD for stationary sources. CARB regulates
mobile sources.
The applicant is proposing construction of 12 mixed-live/work homes on a vacant property. The site
appears to have been previously developed with dwellings which were demolished several years ago. ,
prior to the recent purchase of the site by the applicant. The project would not exceed emission
standards for energy consumption or operations based on its physical characteristic or operation. Due to
the minor amounts of equipment, material, and low volumes of traffic, significance thresholds are not
exceeded.
Fugitive dust generated by construction activities would add to the ambient PMIO levels but should not
exceed SCAQMD threshold of 150 lbs/day with mitigation.
The proposed project has the potential generate dust during grading activities, and in periods of high
winds until construction is completed. In order to mitigate this impact, the City requires the preparation
and approval ofPMIO management plans, which shall be reviewed and approved by the Public Works
Division. In addition, the project proponent shall implement the following mitigation measures to
mitigate the potential impacts on air quality during construction activities:
Implementation of the following mitigation measures will ensure impacts from fugitive dust generation
during construction activities will be less than significant and will aid the City in meeting General Plan
Policies 10.10.2 and 10.10.4.
Policy 10.10.2 Require dust abatement measures during grading and construction operations.
Policy 10.10.4 Cooperate with the South Coast Air Quality Management District and incorporate
pertinent local implementation provisions of the Air Quality Management Plan.
IS 9
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
AQ-l The project shall comply with the requirements of the SCAQMD Rule 403, fugitive dust, which
requires the implementation of Reasonable Available Control Measures (RACM) for all fugitive dust
sources, and the Air Quality Management Plan (AMCP), which identifies Best Available Control
Measures (BACM) and Best Available Control Technologies (BACT) for area sources and point
sources, respectively.
Some land uses and/or individuals are considered more sensitive to air pollution than others due to the
types of population groups and activities involved. Sensitive population groups include children, the
elderly, residential areas, and recreational land uses. The project site is located in an area of mixed land
uses along Third Street, which is the primary one of several routes visitors to the City of San Bernardino
Civic Center and County Courts. Land uses within the general vicinity include single and multi-family
residential, a fire station, public park, and retail buildings. The short-term nature of the construction, in
light of the degree of development activity that has previously occurred in the area, will not negatively
impact the local citizens because implementation of SCAQMD Rules 402 and 403 will reduce the
amount of fugitive dust generated. The following AQ mitigation measures will further reduce the
potential impacts to ensure a less than significant level of impact:
AQ-2 The project proponent shall ensure that construction equipment shall be properly maintained and
serviced to minimize exhaust emissions.
I) The project proponent shall ensure that existing power sources are utilized where feasible via
temporary power poles to avoid on-site power generation.
2) The project proponent shall ensure that construction personnel be informed of ride sharing
and transit opportunities.
3) The project proponent shall ensure that any portion of the site to be graded shall be pre-
watered to a depth of three feet prior to the onset of grading activities.
4) The project proponent shall ensure that watering of the site or other soil stabilization method
shall be employed on an on-going basis after the initiation ofany grading activity on the site.
Portions of the site that are actively being graded shall be watered regularly to ensure that a
crust is formed on the ground surface, and shall be watered at the end of each workday.
5) The project proponent shall ensure that all disturbed areas are treated to prevent erosion until
the site is constructed upon.
6) The project proponent shall ensure that landscaped areas are installed as' soon as possible to
reduce the potential for wind erosion.
7) The project proponent shall ensure that SCAQMD Rule 403 is adhered to, insuring the clean
up of construction-related dirt on approach routes to the site.
8) The project proponent shall ensure that all grading activities are suspended during first and
second stage ozone episodes or when winds exceed 25 miles per hour.
9) All buildings on the project site shall conform to energy use guidelines in Title 24 of the
California Administrative Code.
IS 10
CITY OF SAN BERNARDINO
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AQ-3 To reduce emissions all equipment used in grading and construction must be tuned and
maintained to the manufacturers specification to maximize burning of vehicle fuel.
e) The nature of development of this parcel will not create new or unusual uses to the surrounding area.
As such, no significant odors are anticipated and no further evaluation or mitigation is required.
IS 11
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
Less Than
Potentially Significant Less Than No
Significant With Significant Impact
Impact Mitigation Impact
Incorporation
IV. BIOLOGICAL RESOURCES - Would the
project:
a) Have a substantial adverse effect, either directly 0 0 0 ~
or through habitat modifications, on any species
identified as a candidate, sensitive, or special
status species in local or regional plans,
policies, or regulations, or by the California
Department ofFish and Game or US Fish and
Wildlife Service?
b) Have a substantial adverse effect on any 0 0 0 ~
riparian habitat or other sensitive natural
community identified in local or regional plans,
policies, and regulations or by the California
Department ofFish and Game or US Fish and
Wildlife Service?
c) Have a substantial adverse effect on federally 0 0 0 ~
protected wetlands as defined by Section 404 of
the Clean Water Act (including, but not limited
to, marsh, vernal pool, coastal, etc.) through
direct removal, filling, hydrological
interruption, or other means?
d) Interfere substantially with the movement of 0 0 0 ~
any native resident or migratory fish or wildlife
species or with established native resident or
migratory wildlife corridors, or impede the use
of native wildlife nursery sites? .
e) Conflict with the provisions of an adopted 0 0 0 ~
Habitat Conservation Plan, Natural Community
Conservation Plan, or other approved local,
regional, or state habitat conservation plan?
IS 12
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
IV. BIOLOGICAL RESOURCES - Continued
f) Other:
Less Than
Potentially Significant Less Than No
Significant With Significant Impact
Impact Mitigation Impaet
Incorporation
0 0 0 i:8J
Discussion:
a - e) Site of the Live/Work Homes: structures on the site were demolished several years ago. The
subject project site is currently vacant, with no trees or significant vegetation other than the occasional
weed sticking out of exposed graded and semi-compacted dirt. On site vegetation consists primarily of
the occasional small weed blade of grass. The site is located in the downtown San Bernardino. No
potential impact on biological resources is anticipated, and no further evaluation or mitigation is
required.
IS I3
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
V. CULTURAL RESOURCES - Would the project:
a) Be developed in a sensitive archaeological area
as identified in the City's General Plan?
b) Cause a substantial adverse change in the
significance of an archaeological resource
pursuant to g15064.5 ofCEQA?
c) Cause a substantial adverse change in the
significance of a historical resource as defined
in g15064.5 ofCEQA?
d) Directly or indirectly destroy a unique
paleontological resource or site or unique
geologic feature?
e) Disturb any human remains, including those
interred outside of formal cemeteries?
t) Other:
Discussion:
Less Than
Potentially Significant Less Than No
Significant With Significant Impact
Impact Mitigation Impact
Ineorporation
0 0 0 0
0 0 0 0
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
a - e) The project site does not lie within a sensitive archeological site as identified in the General Plan.
Therefore, no further investigations are recommended and no impact is anticipated. However, if any
artifacts are uncovered during construction all work will cease immediately and the contractor (or site
superintendent) shall contact the San Bernardino Museum to have a qualified archeologist inspect the
artifacts and determine the appropriate course of action. If any human remains are discovered onsite
during grading and construction activities' all work shall stop immediately and an archeologist and/or the
County Coroner shall be notified. No work shall commence until the appropriate course of action can be
identified and implemented.
IS 14
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
Less Than
Potentially Significant Less Than No
Significant With Significant Impact
Impact Mitigation Impact
Incorporation
VI. GEOLOGY AND SOILS - Would the project:
a) Involve earth movement (cut and/or fill) based 0 0 0 ~
on information included in the Project
Description Form?
b) Expose people or structures to potential 0 0 0 ~
substantial adverse effects, including the risk of
loss, injury, or death?
c) Be located within an Alquist-Priolo Earthquake 0 0 0 ~
Fault Zone?
d) Result in substantial soil erosion or the loss of 0 0 ~ 0
topsoil?
e) Be located within an area subject to landslides, 0 0 0 ~
mudslides, subsidence, or other similar hazards
as identified in the City's General Plan?
f) Be located within an area subject to liquefaction 0 0 0 ~
as identified in the City's General Plan?
g) Modify any unique physical feature based on a 0 0 0 ~
site survey/evaluation?
h) Result in erosion, dust, or unstable soil 0 ~ 0 0
conditions from excavation, grading, fill, or
other construction activities?
i) Other: 0 ~ 0 0
Discussion:
a ) The project will not require significant earth movement, based on information contained in the
Preliminary Project Description Form No. D. The site is relatively flat, with grades ranging from 1%-
3%. The project will require 3,100 cubic yards of cut and 3,300 cubic yards offill. The Public Works
division has found the proposed grading to be less than significant.
IS 15
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
b) Most of Southern California is located in Seismic Zone 4, exposing people and structures to
potentially adverse effects in the event of an earthquake or other seismic activity. For this reason
California has revised the building standards from the Uniform Building Code and created the California
Building Code. All construction projects in the state of California are regulated by the California
Building Code and are reviewed for seismic safety. The implementation of the standards in the
California Building Code will require the maintenance facility construction to meet safety standards that
will reduce the potential impact from this project to a level ofIess than significance.
c) The project site is not located within the Alquist-Priolo Earthquake Fault Zone, as defined in Section
l2.0-Geologic & Seismic, Figure 47, of the City General Plan. No known faults traverse the site.
Therefore no impact is anticipated with regard to the Alquist-Priolo Earthquake Fault Zone.
d) The project scope of work includes the grading of 1.3 acres in order to prepare the site for
construction. Standards from the South Coast Air Quality Management District (SCAQMD) as well as
the National Pollution Discharge Elimination System (NPDES) require soil erosion control from both
wind and water. Mitigation measures included within the Air Quality section above, the Hydrology and
Water Quality section below, as well as within this section will reduce the potential impact from soil
erosion to a level ofIess than significance.
e- g) The project site is not located in an area that is known to be susceptible to landslides, mudslides,
subsidence, or other similar hazards as identified by the General Plan. No further evaluation or
mitigation is required.
h) The proposed project will create a minimal potential for soil erosion during grading and construction
activities. The following mitigation measures will ensure that such impacts remain less than significant:
GS-l The project proponent shall, prior to the issuance of grading permit, receive approval of an
erosion control plan and PM 10 plan from the Public Works Division of the Development Services
Department.
GS-2 The project proponent shall, .prior to the issuance of a grading permit, prepare and submit for
review and approval by the Development Services Department a detailed grading plan for the
project site. The plan shall be prepared in conformance to the applicable standards and
requirements of the City of San Bernardino Grading Ordinance and the Uniform Building Code.
GS-3 An erosion control plan shall be prepared and implemented for the proposed project that
identifies specific erosion control measures to control on-site and off-site erosion from the time
of ground disturbing activities are initiated through grading completions. This erosion control
plan shall include the following measures at a minimum.
IS 16
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
a. Specify the timing of grading and construction to minimize soil exposure to rainy periods
experienced in Southern California.
b. An inspection and maintenance program shall be included to insure that any erosion,
which does occur either on-site or off-site as a result of this project, will be corrected
through a remediation or restoration program within a specified time frame.
GS-4 All graded areas shall be protected from wind and water erosion through acceptable slope
stabilization planting, walls, or netting. Interim erosion control plans shall be required, certified by the
project engineer, and reviewed and approved by the Development Services Department.
IS 17
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
Less Than
Potentially Significant Less Than No
Significant With Significant Impact
Impact Mitigation Impact
Incorporation
VII. HAZARDS AND HAZARDOUS MATERIALS
- Would the project:
a) Create a significant hazard to the public or the 0 0 0 ~
environment through the routine transport, use,
or disposal of hazardous materials?
b) Create a significant hazard to the public or the 0 0 0 ~
environment through reasonably foreseeable
upset and accident conditions involving the
release of hazardous materials into the
environment?
c) Emit hazardous emissions or handle hazardous 0 0 0 ~
or acutely hazardous materials, substances, or
waste within one-quarter mile of an existing or
proposed school?
d) Be located on a site which is included on a list 0 0 0 ~
of hazardous materials sites compiled pursllant
to Government Code Section 65962.5 and, as a
result, would it create a significant hazard to the
public or the environment?
e) For a project located within an airport land use 0 0 0 ~
plan or, where such a plan has not been adopted,
within two miles of a public airport or public
use airport, would the project result in a safety
hazard for people residing or working in the
project area?
1) Impair implementation of or physically interfere 0 0 0 ~
with an adopted emergency response plan or
emergency evacuation plan?
0 0 0 ~
IS 18
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
h) Other:
Less Than
Potentially Significant Less Than No
Significant With Significant Impact
Impact Mitigation Impact
Incorporation
0 0 0 0
VII. HAZARDS AND HAZARDOUS MATERIALS
Discussion:
a _ f) Hazardous or toxic materials transported in association with construction of the project may
include items such as oils and fuels. All materials required during construction will be kept in
compliance with State and local regulations. No explosives will be present at the site.
The end use of the site is mixed-use live/work homes. These uses do not involve the use or storage of
hazardous or toxic substances.
Numerous visits to the site for field surveys and observations have not revealed the presence of
discarded drums, containers, or hazardous waste, and there is no indication of underground storage
tanks. Some minor refuse has littered the site, however, given the domestic nature of the refuse it is
unlikely that hazardous materials are present.
The following mitigation measures will ensure that impacts from hazardous material use, storage, and
transportation will continue to be no impacts throughuut the course of development.
H _ I Any hazardous waste/materials encountered during the construction shall be remediated in
accordance with local, state, and federal regulations. Prior to initiating any construction
activities, an environmental assessment shall be conducted to determine if a release of hazardous
wastes/substances exists at the site.
H-2 If during construction of the project, soil and/or groundwater contamination is suspected,
construction in the area shall cease and appropriate Health and Safety procedures shall be
implemented. If it is determined that contaminated soil and/or groundwater testing is needed,
and/or remediation will be conducted, the contractor or site superintendent shall contact the
appropriate government agency/agencies to provide appropriate regulatory oversight.
IS 19
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
Less Than
Potentially Significant Less Than No
Significant With Significant Impact
Impact Mitigation Impact
Incorporation
VIII. HYDROLOGY AND WATER QUALITY-
Would the project:
a) Violate any water quality standards or waste 0 [g] 0 0
discharge requirements?
b) Substantially deplete groundwater supplies or 0 0 0 [g]
interfere substantially with groundwater
recharge such that there would be a net deficit
in aquifer volume or a lowering of the local
groundwater table level (e.g., the production
rate of pre-existing nearby wells would drop
to a level which would not support existing
land uses or planned uses for which permits
have been granted)?
c) Substantially alter the existing drainage 0 0 0 [g]
pattern of the site or area, including through
the alteration of the course ofa stream or
river, in a manner, which would result in--
substantial erosion or siltation on- or off-site?
d) Substantially alter the existing drainage 0 0 0 [g]
pattern of the site or area, including through
the alteration of the course of a stream or
river, or substantially increase the rate or
amount of surface runoff in a manner, which
would result in flooding on- or off-site?
e) Create or contribute runoff water which would 0 0 [g] 0
exceed the capacity of existing or planned
storm water drainage systems or provide
substantial additional sources of polluted
runoff, such as from areas of material storage,
vehicle or equipment maintenance (including
washing or detailing), waste handling,
hazardous materials handling or storage,
delivery areas, loading docks, or other outdoor
areas? .
IS 20
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
VIII. HYDROLOGY AND WATER QUALITY -
Continued
f) Otherwise substantially degrade water
quality?
g) Place housing within a lOO-year flood hazard
area as mapped on a federal Flood Hazard
Boundary or Flood Insurance Rate Map or
other flood hazard delineation map? (Panel
No. 0607 I C7940F)
h) Place within a 100-year flood hazard area
structures, which would impede or redirect
flood flows?
i) Expose people or structures to a significant
risk ofloss, injury, or death involving
flooding, including flooding as a result of the
failure of a levee or dam? '-.
j) Inundation by seiche, tsunami, or mudflow?
k) Other:
Discussion:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
o
[8J
[8J
[8J
[8J
[8J
a) The proposed project could potentially exceed water quality standards or waste discnarge
requirements due to the proposed parking and circulation areas, as well as potential pesticides and other
chemicals used in the landscaped areas after construction. The project will be required to incorporate
proper best management practices as well as an on-site system to treat runoff from parking and drive
aisles, to meet NPDES standards. The mitigation of any potential impacts through NPDES regulations
and best management practices will result in the project having a less than significant impact related on
water quality standards or waste discharge requirements.
o
o
cgJ
b) The proposed project will result in the eventual construction of structures, circulation and parking
areas on lands currently vacant. The amount of area available for percolation and drainage will be
affected by the proposed project. ,However, the installation oflandscaping will allow for the percolation
of water into the ground. Thus the proposed project will have a less than significant impact on ground
water recharge.
IS 21
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
c) The proposed project will alter the course of the existing drainage pattern on the site by creating
surface parking areas, and structures. The on-site drainage will be directed into a catch basin and into an
existing channel (where the water currently flows naturally). During construction erosion and siltation
shall be regulated by the Storm Water Pollution Prevention Plan and the permit required for the project
from the Santa Ana Regional Water Quality Control Board (SARWQCB). The project proponent will
also have to file a Notice ofIntent with the SAR WQCB under National Pollution Discharge Elimination
System (NPDES) guidelines. Due to the regulations currently existing and the requirements for
obtaining approvals and permits from various regulatory agencies the potential for erosion or siltation
will be less than significant.
d) The proposed project will alter the course of the existing drainage pattern on the site by creating
surface parking areas, and structures. The on-site drainage will be directed into a catch basin and into an
existing channel (where the water currently flows naturally). Due to the regulations currently existing
and the requirements for obtaining approval of erosion control and drainage improvements, the potential
for flooding will be less than significant.
e) The drainage for the site will contribute to run-off water, however the project proposes upgrades to
the existing City of San Bernardino storm water drain system. The existing system, along with the
proposed additions, has the capacity to handle the additional run-off. The SWPPP will include best
management practices that will alleviate the potential impact from additional pollution in the run-off.
Through implementation of the standard regulations as well as the mitigation measures related to erosion
control (including the SWPPP, etc.) will reduce the potential impact for excessive and/or polluted run-
off to a level ofless than significance.
f) As previously discussed in this section, the project has the potential to impact water quality due to
erosion as well as potential pollution in run-off waters. These impacts will be reduced to a level ofless
than significance by various mitigation measures in this section as well as in the Geology & Soils
section.
g _ h) The project site is not located within a IOO-year flood hazard zone based on Figure 62 of the
General Plan and based and the proposal does not include housing. No impact is anticipated.
i - j) The project site is not in proximity to any large bodies of water (i.e. ocean, lake, river, etc.) and is
not located in a flood plain. No impact is anticipated.
To ensure that the potential impacts associated with flooding and storm water quality and conveyance
are less than significant, the following mitigation measures will be implemented.
HW -1 Prior to the issuance of a grading permit, a site-specific drainage study which meets the standards
of the City of San Bernardino Public Works division will be prepared by a Civil Engineer registered in
the State of California:. All recom,mendations from this analysis, including facilities necessary to
mitigate drainage impacts, maximize percolation and groundwater recharge to the extent feasible shall
be incorporated in all grading and site improvement plans.
IS 22
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
HW-2 The applicant shall mitigate on-site storm water discharge sufficiently to maintain compliance
with the City's NPDES Storm Water Discharge Permit Requirements. A "Notice ofIntent (NOll" shaU
be filed with the State Water Quality Control Board for construction disturbing 5 acres or more ofland.
HW-3 Prior to the issue of any grading or building permit, the applicant shall submit to the City
Engineer and have approved a Water Quality Management Plan (WQMP) on a form provided by the
City. The WQMP shall identify BMP's that will be incorporated into the project to control storm water
and non-storm water pollutants during and after construction and shall be revised as necessary during
the life of the project. The applicant shaU comply with the requirements for commercial developments as
outlined in Chapter 8.80: Storm Water Drainage System, of the Municipal Code.
HW-4 The plans for landscaping and fuel modification zones shall include provisions for controlling
and minimizing the use of fertilizers/pesticides/herbicides. Areas landscaped or replanted for fire fuel
modification shall be monitored and maintained for at least two years to ensure adequate coverage and
stable growth.
HW-5 Nuisance water and first flush run-off shall be captured on-site and treated to remove pollutants
and sediments in accordance with the NPDES requirements before release from the site. City policy
prohibits the construction ofa retention basin. Adequate provision must be made to drain the site. An
encroachment permit from the San Bernardino County Flood Control District must be obtained if a
direct connection is made to the Santa Ana River.
IS 23
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
Less Than
Potentially Significant Less Than No
Significant With Significant Impact
Impact Mitigation Impact
Incorporation
IX. LAND USE AND PLANNING - Would the
project:
a) Physically divide an established community? 0 0 0 0
b) Conflict with any applicable land use plan, 0 0 0 0
policy, or regulation of an agency with
jurisdiction over the project (including, but not
limited to the general plan, specific plan, local
coastal program, or zoning ordinance) adopted
for the purpose of avoiding or mitigating an
environmental effect?
c) Conflict with any applicable habitat 0 0 0 0
conservation plan or natural community
conservation plan?
d) Be developed within the Hillside Management 0 0 0 0
Overlay District?
e) Be developed within Foothill Fire Zones A, B, 0 0 0 0
or C as identified in the City's General Plan?
f) Be developed within the Airport Influence Area 0 0 0 0
as adopted by the San Bernardino International
Airport Authority?
g) Other: 0 0 .- 0 0
Discussion:
The proposed project does not conflict with the General Plan or any applicable regulations. The
proposal is consistent with the General Plan and Development Code. The site is not located within a
habitat conservation plan, the Hillside Management Overlay District, or Foothill Fire Zones A, B or C.
No land use conflicts will result from the construction and operation of the project. No mitigation
measures are required.
IS 24
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
a _ e) The proposal is an infill development project on a small site that would not divide an established
community. The project applicant is proposing the development of 12 live/work dwellings in a mixed-
use development. The project site is currently zoned CO-I, Commercial Office district. A General Plan
Amendment is requested to change the CO-I district and light commercial uses. The proposed project is
compatible with development in the surrounding area which is both single-family and multiple-family
residential, and commercial development and public park. Third Street is one of several street used to
access the San Bernardino Civic Center and County administration and court systems, and one of several
routes to food uses, retail outlets and financial institutions. No significant impacts to land use will result
from the proposed project.
The site is not located within a habitat conservation plan, the Hillside Management Overlay District, or
Foothill Fire Zones A, B or C. No land use conflicts will result from the construction and operation of
the project. No mitigation measures are required.
f) The proposed project is located within the San Bernardino International Airport. As discussed under
Section VII Hazards and Hazardous Materials, the proposed project is compatible with the Airport. No
further evaluation is required and no mitigation measures are required.
IS 25
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
x. MINERAL RESOURCES - Would the project:
a) Result in the loss of availability of a known
mineral resource that would be of value to the
region and the residents of the state?
b) Result in the loss ofa locally-important mineral
resource recovery site delineated on a local
general plan, specific plan or other land use
plan?
Discussion:
Less Than
Potentially Significant Less Than No
Significant With Significant Impact
Impact Mitigation Impact
Incorporation
0 0 0 !:8J
o
o
o
!:8J
a - b) No loss of valuable mineral resources will occur with the development of the project. The project
site is not located within a Mineral Resource Zone (MRZ). The project will demand aggregate resources
in the construction of parking lots and l:lUildings. Steel, concrete, and asphalt will be required as part of
construction. These resources are commercially available in the southern California region without any
constraint and no potential for adverse impacts to the natural resource base supporting these materials is
forecast to occur over the foreseeable future. This demand is not significant due to the abundance of
available local aggregate resources. -
IS 26
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
Less Than
Potentially Significant Less Than No
Significant With Significant Impact
Impaet Mitigation Impact
Incorporation
XI. NOISE - Would the project result in:
a) Exposure of persons to or generation of noise 0 0 [gJ 0
levels in excess of standards established in the
City's General Plan or Development Code, or
applicable standards of other agencies?
b) Exposure of persons to or generation of 0 0 0 ~
excessive ground borne vibration or
groundboume noise levels?
c) A substantial permanent increase in ambient 0 0 0 ~
noise levels in the project vicinity above levels
existing without the project?
d) A substantial temporary or periodic increase in 0 0 [gJ 0
ambient noise levels in the project vicinity
above levels existing without the project?
e) For a project located within an airport land-use 0 0 0 ~
plan or Airport Influence Area, would the
project expose people residing or working in the
project area to excessive noise levels?
f) Other: 0 0 0 ~
Discussion:
a - e) The proposed project will introduce 12 live/work homes to a vacant parcel within commercial,
public park, residential and public governmental land use areas. The project is located near a residential
neighborhood, abutting a fire station, and abutting a retail business. The most notable noise source is
generated from emergency vehicles occasionally exiting the fire station. There are no major noise
sources located near the site. However, short-term construction noise may affect adjacent residences
during on-site construction from equipment and vibration from excavation and grading. In order to
ensure that noise impacts associated with the construction are reduced to a less than significant level, the
applicant shall comply with the following mitigation measures:
IS 27
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
N-l Construction shall be restricted to between 7:00 am and 7:00 pm on weekdays and 8:00 am to
7:00 pm on Saturday. No construction shall take place on Sundays or federal holidays.
N-2 Construction equipment (both fixed and mobile) shall be equipped and maintained with properly
functioning mufflers.
N-3 Stockpiling and vehicle staging areas shall be located as far as practical from noise sensitive
areas.
N-5 Low noise level equipment shall be utilized.
N-6 Noisy activities shall be planned to occur together, when practical.
N-7 All construction vehicles shall have mufflers and be maintained in good operating order at all times.
N-8 Trucks waiting to be loaded or unloaded with construction material shall not be left to idle for more
than 10 minutes.
IS 28
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
Less Than
Potentially Significant Less Than No
Significant With Significant Impact
Impact Mitigation Impact
Incorporation
XII. POPULATION AND HOUSING - Would the
project:
a) Induce substantial population growth in an area, 0 0 0 [g]
either directly (for example, by proposing new
homes and businesses) or indirectly (for
example, through extension of roads or other
infrastructure)?
b) Remove existing housing and displace 0 0 0 [g]
substantial numbers of people, necessitating the
construction of replacement housing elsewhere?
c) Other: 0 0 0 [g]
Discussion:
a - c) The project site is undeveloped. The proposed project will not result in the removal of any existing
housing, and therefore, no impacts to housing will occur.
The proposed project will not create a significant demand for additional housing. Typical development
in the surrounding area includes apartment communities, single-family neighborhoods and service
oriented commercial development that provides goods and services for the residents.
As one of the last undeveloped parcels in the immediate area, the proposed project is not growth
inducing, either directly of indirectly. No additional housing will be provided, and no major
infrastructure expansion is necessary to serve the project.
IS 29
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
Less Than
Potentially Significant Less Than No
Significant With Significant Impact
Impact Mitigation Impact
Incorporation
XIII. PUBLIC SERVICES
a) Would the project result in substantial adverse 0 0 0 [gJ
physical impacts associated with the provision
of new or physically altered governmental
facilities, need for new or physically altered
governmental facilities, the construction of
which could cause significant environmental
impacts, in order to maintain acceptable
service ratios, response times or other
performance objectives for any of the public
services:
Fire protection, including medical aid? 0 0 [gJ 0
Police protection? 0 0 [gJ 0
Schools? 0 0 0 [gJ
Parks or other recreational facilities? 0 0 0 [gJ
Other governmental services? 0 0 0 [gJ
b) Other: 0 0 0 [gJ
Discussion:
a _ b) The proposed project is in fill development on a small site served by all public services noted
above. The proposed project will not place additional demands on fire protection and medical aid
services. The project site is not in a high fire hazard zone. The project site is located abutting a fire
station.
Standard requirements for fire protection facilities, building design, and site access 'have been reviewed
and approved by the City of San Bernardino Fire Department and incorporated into the project design.
The project as proposed meets the City's current standards for fire protection. The resulting impacts will
be less than significant.
The project will not place additional demands on police services. Security measures will be incorporated
in the project design during the design review by the department, and will be verified during plan review
by the Building Department and City Police Department.
IS 30
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
Employees will be drawn from existing residents within or near the City of Bernardino. The project will
therefore not create a demand for new or additional school services, parks, or other recreational facilities
as the workforce will be drawn from existing population of the area.
The project site currently has no water demand. The implementation of the project will result in an
increase in water for business use and irrigation purposes. This demand will not be a significant impact
on the current groundwater supply or production capability of the City of San Bernardino Municipal
Water Department. Water requirements will be met by the City of San Bernardino Municipal Water
Department. Utility systems are in place to serve the surrounding areas and are master planned to
provide service to the project site without creating disjointed patterns of service extensions. Existing
water mains are present in the perimeter streets. Fire hydrants will be installed onsite as required by the
City San Bernardino Fire Department.
The proposed live/work dwellings will generate solid waste and green waste from landscape
maintenance. The mixed-use development shall cooperate with the City Public Services Department in
participating in all appropriate diversion programs. All green waste shall be diverted to an appropriate
green waste processing or composting facility as directed by the Public Services Department.
Additional vehicle trips will be generated by the proposed project. Access to the site will be provide by
Third Street. This street is a secondary arterial through this segment ofthe City. Project related traffic
impacts are discussed in detail in Section XVII - Traffic/Transporation.
The property, however, is currently not generating property tax. When developed, the project site will
generate property tax to offset the costs associated with providing services. Further, the proposed homes
will generate school fees for the school district, to offset the costs associated with added children in the
area. The impacts of the proposed project on public services are expected to be less than significant.
IS 31
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
Less Than
Potentially Significant Less Than No
Significant With Significant Impact
Impact Mitigation Impact
Incorporation
XIV. RECREA nON
a) Would the project increase the use of existing 0 0 0 0
neighborhood and regional parks or other
recreational facilities such that substantial
physical deterioration of the facility would
occur or be accelerated?
b) Does the project include recreational facilities 0 0 0 0
or require the construction or expansion of
recreational facilities which might have an
adverse physical effect on the environment? 0 0
c) Other: 0 0
Discussion:
a - c) Development of the project site will result in a need for additional recreation facilities. The City,
however, does not currently receive property tax for the proposed property. When developed, the
property will generate property tax, which will contribute to the provision of recreational facilities
Project development will have an effect on the demand for neighborhood or regional parks or other
recreational facilities, and it will affect existing recreational opportunities. Existing park facilities are
located across the street from the project. The proposed project will not impact these or any other park
or recreation facility.
The project site is not located within proximity to equestrian trials as identified on the City General Plan,
Figure 39 _ Conceptual Equestrian Trail System. Development of the site would not preclude
development of any portion of the proposed trial system. .-
The impacts associated with development of the project site are not expected to be significant.
IS 32
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
Less Than
Potentially Significant Less Than No
Significant With Significant Impaet
Impact Mitigation Impact
Incorporation
XV. TRANSPORTATION/TRAFFIC - Would the
project:
a) Cause an increase in traffic which is substantial 0 0 ~ 0
in relation to the existing traffic load and
capacity of the street system (i.e., result in a
substantial increase in either the number of
vehicle trips, the volume to capacity ratio on
roads, or congestion at intersections)?
b) Exceed, either individually or cumulatively, a 0 0 ~ 0
level of service standard established by the
county congestion management agency for
designated roads or highways?
c) Result in a change in air traffic patterns, 0 0 0 [8J
including either an increase in traffic levels or a
change in location that results in substantial
safety risks?
d) Substantially increase hazards due to a design 0 0 0 [8J
feature (e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g., farm
equipment)?
e) Result in inadequate emergency access? 0 0 0 [8J
t) Result in inadequate parking capacity? 0 0 ~ 0
g) Conflict with adopted policies, plans, or 0 0 0 [8J
programs supporting alternative transportation
(e.g., bus turnouts, bicycle racks)?
h) Other: 0 0 0 [8J
IS 33
CITY OF SAN BER.l\IARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
Discussion:
a) In accordance with the 7th Edition, Trip Generation, the proposed project would generate
approximately 386 trips per day. Based on this small increment of trips, the proposal is not
considered to contribute a significant increase in traffic volume on this roadway and a traffic study is
not required. The project will have adequate access and driveways on Third Street in an acceptable
operation. The project will be required to pay traffic systems fee of $7,557.88 based upon 386 trips
at $19.58/trip, thus the project will have a less than significant impact.
b) The project has been determined by the Traffic Engineers to be of a small enough scale that it will
not exceed either individually or cumulatively a level of service established by the county congestion
management plan. A less than significant impact is anticipated.
c) The proposed project is a mixed-use development containing residential units. Air traffic patterns
shall not be impacted by the proposed project.
d) The project will be designed to meet all current City standards for street widths, corner radii,
intersection control, etc. No impact is anticipated.
e) The proposed project will provide the required means of access as per the Development Code. No
impact is anticipated.
f) The proposed project will create surface parking areas for employees and the general public. The
parking provided shall meet Development Code' requirements. No impact is anticipated.
g) The proposed project will not conflict with any adopted policies, plans, or programs relating to
alternative transportation. No impact is anticipated.
IS 34
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
Less Than
Potentially Significant Less Than No
Significant With Significant Impact
Impaet Mitigation Impact
Incorporation
XVI. UTILITIES AND SERVICE SYSTEMS -
Would the project:
a) Exceed wastewater treatment requirements of D D D [8J
the Santa Ana Regional Water Quality
Control Board?
b) Require or result in the construction of new D D D [8J
water or wastewater treatment facilities or
expansion of existing facilities, the
construction of which would cause significant
environmental effects?
c) Require or result in the construction of new D D D [8J
storm water drainage facilities or expansion of
existing facilities, the construction of which
could cause significant environmental effects?
d) Have sufficient water supplies available to D D D [8J
serve the project from existing entitlements
and resources, or are new or expanded
entitlements needed?
e) Result in determination by the wastewater D D D [8J
treatment provider, which serves or may serve
the project that it has adequate capacity to
serve the project's projected demand in
addition to the provider's existing
commitments?
f) Be served by a landfill with sufficient D 0 0 [8J
permitted capacity to accommodate the
project's solid waste disposal needs?
g) Comply with federal, state, and local statutes D D D [8J
and regulations related to solid waste?
h) Other: D D D [8J
IS 35
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
Discussion:
a - h) The proposed project will be connected to all utilities. Natural gas service will be provided to the
project site by the Southern California Gas Company. The project developer will be required to pay
both hook-up fees and on-going monthly usage fees for utility service.
Electricity will be provided to the project site by Southern California Edison (SCE). Project operations
will not impact SCE's ability to provide adequate levels of service nor will it create the need to increase
capacity.
The proposed project would require telephone service. The project site is within the service area of
Verizon (formerly General Telephone). The service can be extended to the site without any significant
impact to existing service in the area.
Existing water mains are present on Third Street. Water supply is provided to the site by the Water
Department. No impact to water distribution will result from the implementation of the proposed
project. The proposed development is within the services boundaries of the Water Department.
The site is within the City of San Bernardino sewage service area, which has adequate capacity to
service the project site. There are sewer locations on Third Street that will serve the site. Any impacts
to the sewer system will be less than significant.
In all, the infrastructure (electricity, water, sewer, phone, gas, water and others) in the surrounding areas
is in place and can adequately serve the project site-:--No new significant utility effects have been
identified that were not identified and analyzed in the General Plan. The proposed project utility
impacts remain consistent with the General Plan. No further evaluation or mitigation is required.
IS 36
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
XVII. MANDA TORY FINDINGS OF
SIGNIFICANCE
a) Does the project have the potential to degrade
the quality of the environment, substantially
reduce the habitat of a fish or wildlife species,
cause a fish or wildlife population to drop
below self-sustaining levels, threaten to
eliminate a plant or animal community,
reduce the number or restrict the range of a
rare or endangered plant or animal or
eliminate important examples of major
periods of California history or prehistory?
b) Does the project have impacts that are
individually limited, but cumulatively
considerable? ("Cumulatively considerable"
means that the incremental effects of a project
are considerable when viewed in connection
with the effects of past projects, the effeCts of
other current projects, and the effects of
probable future projects.)
c) Does the project have environmental effects,
which will cause substantial adverse effects
on human beings, either directly or indirectly?
Discussion:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
o
o
o
i:8J
o
o
i:8J
o
o
o
~
o
a) The proposed project site is surrounded by developed residential and commercial uses. The site is not
within the Biological Resources Management Overlay. There is no evidence that there would be the
potential for adverse effects on sensitive wildlife or viable sensitive wildlife habitat. The site does not
contain structures or culturally significant features that would be eliminated by development of the
proposed project.
b) The development of the site as proposed would not cause adverse impacts on humans, either directly
or indirectly. The Initial Study identified construction-related emissions criteria as having a potential
impact, however, pro'posed mitigation measures will reduce the impacts to less than significant.
Additionally, impacts related to air quality are short term and will cease once construction activities are
completed.
IS 37
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
c) The Initial Study identified short-term impacts to air quality and noise with development of the
proposed project. The short term impacts will occur due to propose construction activities. Impacts to
both air quality and noise can be mitigated by measures included in the Initial Study Sections V and X.
The development of the project will contribute incrementally to the impacts associated with
development in the area, including traffic, ambient noise, lighting, etc. This project is being developed
on one of the last vacant parcels ofland in this area of downtown San Bernardino. The project is
compatible with development in the surrounding area and is consistent with the Zoning and General
Plan.
Regarding the properties covered by the amendment to the text of the Development Code, the
amendment would require each mixed-use development to obtain a Conditional Use Permit. This
requirement will give greater scrutiny and control over land use activities in mixed-use projects and
development of mixed-use projects. Each proposed future project will be evaluated in accordance with
CEQA requirements. The amendment makes more likely that the subject properties will be developed in
a manner less intense with commercial activities than if the amendment is not adopted.
IS 38
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
INITIAL STUDY
REFERENCES. The following references cited in the Initial Study are on file in the Development
Services Department.
I. City of San Bernardino General Plan
2. City of San Bernardino General Plan Land Use Plan/Zoning Districts Map
3. City of San Bernardino Development Code (Title 19 of the San Bernardino Municipal Code)
4. Alquist-Priolo Earthquake Fault Zones Map
5. South Coast Air Quality Management District, CEQA Air Quality Handbook
6. Federal Emergency Management Agency, Flood Insurance Rate Maps
7. Public Works Standard Requirements - Water
8. Public Works Standard Requirements - Grading
IS 39
ATTACHMENTG
Tentative Tract Map No. 17704 (Subdivision No. 05-31) and
Conditional Use Permit No. 05-17
MITIGATION MONITORINGIREPORTING PROGRAM
This Mitigation Monitoring and Reporting Program has been prepared to implement the
mitigation measures outlined in the Initial Study for the Tentative Tract No. 17704 and
Conditional Use Permit No. 05-17. This program has been prepared in compliance with the
California Environmental Quality Act (CEQA) and the State and City of San Bernardino CEQA
Guidelines.
CEQA Section 21081.6 requires adoption of a monitoring and/or reporting program for those
measures or conditions imposed on a project to mitigate or avoid adverse effects on the
environment. The law states that the monitoring or reporting program shall be designed to ensure
compliance during project implementation.
The Mitigation Monitoring and Reporting Program contain the following elements:
I. The mitigation measures are recorded with the action and procedure necessary to
ensure compliance. The program lists the mitigation measures contained within
the Initial Study.
2. A procedure for compliance and verification has been outlined for each
mandatory mitigation action. This procedure designates who will take action,
what action will be taken and when, and to whom and when compliance will be
reported.
3. The program contains a separate Mitigation Monitoring and Compliance Record
for each action. On each of these record sheets, the pertinent actions and dates
will be logged, and copies of permits, correspondence or other data relevant will
be retained by the City of San Bernardino.
4. The program is designed to be flexible. As monitoring progresses, changes to
compliance procedures may be necessary based upon recommendations by those
responsible for the program. If changes are made, new monitoring compliance
procedures and records will be developed and incorporated into the program.
The individual measures and accompanying monitoring/reporting actions follow. They are
numbered in the same sequence as presented in the Initial Study.
MITIGATION MEASURES
Mitigation Monitoring and Reporting Program
TIM No. 17704 & CUP No. 05-17
Page 2
III. AIR QUALITY
AQ-l The project shall comply with the requirements oftheSCAQMD Rule 403, fugitive dust,
which requires the implementation of Reasonable Available Control Measures (RACM) for all
fugitive dust sources, and the Air Quality Management Plan (AMCP), which identifies Best
Available Control Measures (BACM) and Best Available Control Technologies (BACT) for area
sources and point sources, respectively.
AQ-2 The project proponent shall ensure that construction equipment shall be properly
maintained and serviced to minimize exhaust emissions.
I) The project proponent shall ensure that existing power sources are utilized where
feasible via temporary power poles to avoid on-site power generation.
2) The project proponent shall ensure that construction personnel be informed of ride
sharing and transit opportunities.
3) The project proponent shall ensure that any portion of the site to be graded shall be
pre-watered to a depth of three feet prior to the onset of grading activities.
4) The project proponent shall ensure that watering of the site or other soil stabilization
method shall be employed on an on-going basis after the initiation of any grading
activity on the site. Portions of the site that are actively being graded shall be watered
regularly to ensure that a crust is formed on the ground surface, and shall be watered
at the end of each workday.
5) The project proponent shall ensure that all disturbed areas are treated to prevent
erosion until the site is constructed upon.
6) The project proponent shall ensure that landscaped areas are installed as soon as
possible to reduce the potential for wind erosion.
7) The project proponent shall ensure that SCAQMD Rule 403 is adhered to, insuring
the clean up of construction-related dirt on approach routes to the site.
8) The project proponent shall ensure that all grading activities are suspended during
first and second stage ozone episodes or when winds exceed 25 miles per hour.
9) All buildings on the project site shall conform to energy use guidelines in Title 24 of
the California Administrative Code.
AQ-3 To reduce emissions all equipment used in grading and construction must be tuned and
maintained to the manufacturers specification to maximize burning of vehicle fuel.
e) The nature of development of this parcel will not create new or unusual uses to the
surrounding area. As such, no significant odors are anticipated and no further evaluation or
mitigation is required.
IMPLEMENTATION AND VERIFICATION
Mitigation Monitoring and Reporting Program
TIM No. 17704 & CUP No. 05-17
Page 3
Public Works and Planning staff shall review this development project.
COMPLIANCE RECORD
When Required: The verification shall be completed prior to project approval.
WRITTEN VERIFICATION PREPARED BY:
DATE PREPARED:
VI. GEOLOGY AND SOILS
Mitigation Monitoring and Reporting Program
TIM No. 17704 & CUP No. 05-17
Page 4
GS-l The project proponent shall, prior to the issuance of grading permit, receive approval of
an erosion control plan and PMIO plan from the Public Works Division of the
Development Services Department.
GS-2 The project proponent shall, prior to the issuance of a grading permit, prepare and submit
for review and approval by the Development Services Department a detailed grading plan
for the project site. The plan shall be prepared in conformance to the applicable standards
and requirements of the City of San Bernardino Grading Ordinance and the Uniform
Building Code.
GS-3 An erosion control plan shall be prepared and implemented for the proposed project that
identifies specific erosion control measures to control on-site and off-site erosion from
the time of ground disturbing activities are initiated through grading completions. This
erosion control plan shall include the following measures at a minimum.
a. Specify the timing of grading and construction to minimize soil exposure to rainy
periods experienced in Southern California.
b. An inspection and maintenance program shall be included to insure that any
erosion, which does occur either on-site or off-site as a result of this project, will
be corrected through a remediation or restoration program within a specified
time frame.
GS-4 All graded areas shall be protected from wind and water erosion through acceptable slope
stabilization planting, walls, or netting. Interim erosion control plans shall be required, certified
by the project engineer, and reviewed and approved by the Development Services Department.
IMPLEMENTATION AND VERIFICATION
Public Works and Planning staff shall review this development project.
COMPLIANCE RECORD
When Required: The verification shall be completed prior to project approval.
WRITTEN VERIFICATION PREPARED BY:
DATE PREPARED:
Mitigation Monitoring and Reporting Program
TIM No. 17704 & CUP No. 05-17
Page 5
VII. HAZARDS
Although the site is not on the State Hazardous Waste and Substances Sites List and is not
proposing a land use that involves the use, manufacturing, storage or transport of hazardous or
potentially hazardous materials and no impacts are anticipated, the following mitigation
measures are to be implemented in order to ensure that there will continue to be no impacts
throughout the course of development.
H -1 Any hazardous waste/materials encountered during the construction shall be remediated
in accordance with local, state, and federal regulations. Prior to initiating any
construction activities, an environmental assessment shall be conducted to determine if a
release of hazardous wastes/substances exists at the site.
H-2 If during construction of the project, soil and/or groundwater contamination is suspected,
construction in the area shall cease and appropriate Health and Safety procedures shall be
implemented. If it is determined that contaminated soil and/or groundwater testing is
needed, and/or remediation will be conducted, the contractor or site superintendent shall
contact the appropriate government agency/agencies to provide appropriate regulatory
oversight.
IMPLEMENTATION AND VERIFICATION
Public Works and Planning staffshall review this development project.
COMPLIANCE RECORD
When Required: The verification shall be completed prior to project approval.
WRITTEN VERIFICATION PREPARED BY:
DATE PREPARED:
RESOLUTION NO.
co~v
RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN
AMENDMENT NO. 05-12 TO THE GENERAL PLAN OF THE CITY OF SAN
BERNARDINO, TO AMEND THE GENERAL PLAN LAND USE DESIGNATION
FROM CO-I, COMMERCIAL OFFICE, TO CG-2, COMMERCIAL GENERAL, FOR
ONE PARCEL LOCATED ON THE NORTH SIDE OF 3RD STREET,
APPROXIMATELY 240 FEET EAST OF SIERRA WAY.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION I. Recitals
(a) WHEREAS, the General Plan for the City of San Bernardino was adopted by the
Mayor and Common Council by Resolution No. 2005-362 on November I, 2005.
(b) WHEREAS, General Plan Amendment No. 05- I 2 to the General Plan of the City of
San Bernardino was considered by the Planning Commission on January 10,2006, at a noticed
public hearing, and the Planning Commission's recommendation of approval has been
....- 15 considered by the Mayor and Common Council.
16
17
18
19
20
21
22
23
24
25
26
27
--.... 28
(c) WHEREAS, Development Code Amendment No. 05-06 to modify Sections
19.06.020, Table 06.01 (K) (5) and (14), Section 19.06.030 (2) of the Development Code to
establish standards for mixed-use development and permit vertical and / or horizontal mixed-use
with residential uses subject to approval of a Conditional Use Permit in the CR-2, CG-2, CG-3,
and CG-4 land use districts has been considered by the Mayor and Common Council.
(d) WHEREAS, Tentative Tract Map No. 17704 (Subdivision No. 05-31) was considered
by the Planning Commission to create a one-lot condominium subdivision and the Planning
Commission's recommendation for approval has been considered by the Mayor and Common
Council.
(e) WHEREAS, Conditional Use Permit No. 05-17 to construct twelve three-story
mixed-use residential and commercial live/work detached dwelling units was considered by the
1
/I/o. Lj J
:11 J-J / /) {LI
"-
>,.........-
1 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN
2 AMENDMENT NO. 05-12 TO THE GENERAL PLAN OF THE CITY OF SAN
BERNARDINO, TO AMEND THE GENERAL PLAN LAND USE DESIGNATION
3 FROM CO-I, COMMERCIAL OFFICE, TO CG-2, COMMERCIAL GENERAL, FOR
ONE PARCEL LOCATED ON THE NORTH SIDE OF 3RD STREET,
4 APPROXIMATELY 240 FEET EAST OF SIERRA WAY.
5
6
Planning Commission and the Planning Commission's recommendation for approval has been
considered by the Mayor and Common Council.
7
8
(f) WHEREAS, General Plan Amendment No. 05-12 was reviewed under the California
9 Environmental Quality Act (CEQA) through an Initial Study which found no significant adverse
10
11
12
13
14
15
effects on the environment after incorporation of mitigation measures.
(g) WHEREAS, the Mitigated Negative Declaration pursuant to the California
Environmental Quality Act (CEQA) has been reviewed by the Environmental Review
Committee, the Planning Commission and the Mayor and Common Council in compliance with
the CEQA and local regulations.
16
(h) WHEREAS, the Planning Commission conducted a noticed public hearing on
17 January 10,2006, in order to receive public testimony and written and oral comments on General
18 Plan Amendment No. 05-12 and fully reviewed and considered the Planning Division Staff
19 Report and the recommendation of the Environmental Review Committee.
20
21
(i) WHEREAS, the Mayor and Common Council held a noticed public hearing on
February 21, 2006, and fully reviewed and considered proposed General Plan Amendment No.
22
05-12 and the Planning Commission and Environmental Review Committee recommendations
23
24
25
26
27
28 1//
and Planning Division Staff Report.
(j) WHEREAS, the adoption of General Plan Amendment No. 05-12 is deemed in the
interest of the orderly development of the City and is consistent with the goals, objectives and
policies of the General Plan.
2
1
"'-..,., 2
3
4
5
6
7
8
9
10
11
RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN
AMENDMENT NO. 05-12 TO THE GENERAL PLAN OF THE CITY OF SAN
BERNARDINO, TO AMEND THE GENERAL PLAN LAND USE DESIGNATION
FROM CO-I, COMMERCIAL OFFICE, TO CG-2, COMMERCIAL GENERAL, FOR
ONE PARCEL LOCATED ON THE NORTH SIDE OF 3RD STREET,
APPROXIMATELY 240 FEET EAST OF SIERRA WAY.
SECTION 2. Mitigated Negative Declaration
NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED by the Mayor
and Common Council that the proposed amendment to the General Plan of the City of San
Bernardino will not have a significant effect on the environment with incorporation of the
p~oposed mitigation measures, and the Mitigated Negative Declaration heretofore recommended
by the Environmental Review Committee as to the effect of this proposed amendment is hereby
12 ratified, affirmed and adopted.
13
14
",-. 15
16
17 A.
18
19
20
21
B.
22
23
24
25
26 C.
27
\",,",.. 28
SECTION 3. Findings
BE IT FURTHER RESOLVED by the Mayor and Common Council of the City of San
Bernardino that:
The proposed amendment is internally consistent with the General Plan in that it meets
General Plan Downtown Strategic Area 10 Strategy I, in that it promotes downtown
revitalization by seeking and facilitating mixed-use projects (e.g. combinations of
residential, commercial, and office uses).
The proposed amendment would not be detrimental to the public interest, health, safety,
convenience, or welfare of the City in that it will enable the property owner to develop a
viable commercial use on the site and provide a development opportunity with innovative
commercial uses within the downtown area.
The proposed amendment would not impact the balance of land uses within the City in
that the proposed property is adjacent to other similar uses and will promote mixed-use
development, place commercial uses fronting 3'd Street, and encourage a lively
3
1 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN
AMENDMENT NO. 05-12 TO THE GENERAL PLAN OF THE CITY OF SAN
'-" 2 BERNARDINO, TO AMEND THE GENERAL PLAN LAND USE DESIGNATION
3 FROM CO-I, COMMERCIAL OFFICE, TO CG-2, COMMERCIAL GENERAL, FOR
ONE PARCEL LOCATED ON THE NORTH SIDE OF 3RD STREET,
4 APPROXIMATELY 240 FEET EAST OF SIERRA WAY.
7
8
9
10
11
12
13
14
"-" 15
16
17
18
19
20
21
22
23
24
25
"-..
5 downtown urban environment. The General Plan Amendment does not adversely impact the
6
balance ofland uses within the City.
D. In the case of an amendment to the General Plan Land Use Map, the subject parcel(s) is
physically suitable (including, but not limited to access, provIsIon of utilities,
compatibility with adjoining land uses, and absence of physical constraints) for the
requested land use designation( s) and the anticipated land use development( s) in that all
required utilities and public services can adequately serve the site.
SECTION 4. Amendment
BE IT FURTHER RESOLVED by the Mayor and Common Council that:
A.
The Land Use Plan of the General Plan of the City of San Bernardino is amended by
changing the land use designation from CO-I, Commercial Office, to CG-3, Commercial
General, for 1.3 acres located on the north side of 3'd Street, approximately 240 feet east
of Seirra Way. This amendment is designated as General Plan Amendment No. 05-12
and its location is outlined on the map entitled Attachment I, and further described in
Attachment 2, copies of which are attached and incorporated herein for reference.
B.
General Plan Amendment No. 05-12 shall become effective immediately upon adoption
of this resolution.
SECTION 5. Map Notation
26 This resolution and the amendment affected by it shall be noted on such appropriate General
27 Plan maps as having been previously adopted and approved by the Mayor and Common Council
28
and which are on file in the office of the City Clerk.
4
'",,-
""-
"'<-~~
1 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN
2 AMENDMENT NO. 05-12 TO THE GENERAL PLAN OF THE CITY OF SAN
BERNARDINO, TO AMEND THE GENERAL PLAN LAND USE DESIGNATION
3 FROM CO-I, COMMERCIAL OFFICE, TO CG-2, COMMERCIAL GENERAL, FOR
ONE PARCEL LOCATED ON THE NORTH SIDE OF 3RD STREET,
4 APPROXIMATELY 240 FEET EAST OF SIERRA WAY.
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
SECTION 6. Notice of Determination
The Planning Division is hereby directed to file a Notice of Determination with the
County Clerk of the County of San Bernardino certifying the City's compliance with
California Environmental Quality Act in preparing the Initial Study I Mitigated Negative
Declaration.
III
III
III
III
III
III
III
III
III
III
III
/11
11/'
III
III
5
1
""- 2
3
4
5
6
7
8
9
10
11
12
13
--...
"-.-
RESOLUTION ADOPTING GENERAL PLAN AMENDMENT NO. 05-12 TO
THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO, TO AMEND THE.
GENERAL PLAN LAND USE DESIGNATIONS FROM CO-I, COMMERCIAL
OFFICE, TO CG-2, COMMERCIAL GENERAL, FOR ONE PARCEL LOCATED ON
THE NORTH SIDE OF 3RD STREET APPROXIMATELY 240 FEET EAST OF SIERRA
WAY.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meeting thereof,
held on the
day of
, 2006, by the following vote, to wit:
Council Members
ABSTAIN
ABSENT
AYES
NAYS
ESTRADA
LONGVILLE
MCGINNIS
DERRY
14
KELLEY
15
JOHNSON
16
17 MC CAMMACK
18
19
20
21
22
23 Approved as to form
24 and legal content:
25
City Clerk
The foregoing resolution is hereby approved this
day of ,2006.
JUDITH V ALLES, Mayor
City of San Bernardino
JAMES F. PENMAN
City Attorney
26
.j I
/ / .. I ;:' ..
<"". ;,/, '~.J /,
:
"
By: I" / /" .
27
28
6
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A TT ACHMENT 2
"Lel!al Descriotion"
PARCEL NO.3 OF PARCEL MAP NO. 9122 IN THE CITY OF SAN BERNARDINO,
AS PER MAP RECORDED IN BOOK 96 PAGES 3 AND 4 OF PARCEL MAPS, IN
THE OFFICE OF COUNTY RECORDER OF THE COUNTY OF SAN
BERNARDINO.
-...-
.4..".",
1
2
3
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7
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9
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,,-- 15
16
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19
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21
22
23
24
25
26
27
ORDINANCE NO.
co~v
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 19.06 (COMMERCIAL DISTRICTS), SECTIONS 19.06.020, TABLE 06.01
(K) (5) AND (14), SECTION 19.06.030, TABLE 6.03 AND SECTION 19.06.030 (2) OF
THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) RELATED
TO MIXED-USE COMMERCIAL AND RESIDENTIAL DEVELOPMENT
(INCLUDING ARTIST COLONY AND COMBINATION RESIDENCE/OFFICE)
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 19.06, Sections 19.06.020, Table 06.01 (K) (5) and (14), and
Section 19.06.030, Table 6.03 and Section 19.06.030 (2), relating to mixed-use commercial and
residential development (including Artist Colony and Combination Residence/Office), of the
Municipal Code (Development Code) is amended to establish standards for mixed-use
development and permit vertical and I or horizontal mixed-use development containing
commercial uses mixed with residential uses subject to approval of a Conditional Use Permit in
the CR-2, CG-2, CG-3, and CG-4 land use districts as shown in Attachment 1 attached hereto
and incorporated herein by reference.
SECTION 2. Severability. In the event that any provision of this Ordinance, or any part
thereof, or any application thereof to any person or circumstance, is for any reason held to be
unconstitutional or otherwise invalid or ineffective by any court of competent jurisdiction on its
face or as applied, such holding shall not affect the validity or effectiveness of any of the
remaining provisions of this Ordinance, or any part thereof, or any application thereof to any
person or circumstance or of said provision as applied to any other person or circumstance. It is
hereby declared to be the legislative intent of the City that this Ordinance would have been
adopted had such unconstitutional. invalid, or ineffective provisions not been included herein.
1111
28 1111
No. ~ I
J. J J-I } 0 (0
1
14 DERRY
--- 15 KELLEY
16 JOHNSON
17 MC CAMMACK
18
19 City Clerk
1
2
...._~.,..
3
4
5
6
7
8
9
10
11
12
13
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 19.06 (COMMERCIAL DISTRICTS), SECTIONS 19.06.020, TABLE 06.01
(K) (5) AND (14), SECTION 19.06.030, TABLE 6.03 AND SECTION 19.06.030 (2) OF
THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) RELATED
TO MIXED-USE COMMERCIAL AND RESIDENTIAL DEVELOPMENT
(INCLUDING ARTIST COLONY AND COMBINATION RESIDENCE/OFFICE)
I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meeting thereof, held
on the
day of
, 2006, by the following vote to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
LONGVILLE
MC GINNIS
20
21 2006.
22
The foregoing ordinance is hereby approved this _day of
JUDITH V ALLES, Mayor
City of San Bernardino
23
24 Approved as to form
25 and legal content:
26 JAMES F. PENMAN
27 City Attorney I
I
I
By: ; ".: ' . I
,,-.. 28 . . . ~
2
ATTACHMENT 1
.~"
CHAPTER 19.06
COMMERCIAL DISTRICTS
Section 19.06.020, Table 06.01 (K) (5) and (14) is hereby amended to read as follows:
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Subsection (e) is deleted. Subsections (A) through (M) are relettered (A) through
(L).
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'-
New Subsection (M) shall read as follows:
M.
MIXED USE COMMERCIAL AND
DEVELOPMENT (INCLUDING ARTIST
COMBINATION RESIDENCEIOFFICE
RESIDENTIAL
COLONY AND
Vertical and/or horizontal mixed-use developments containing commercial
uses mixed with residential uses are permitted in the CR-2, CG-2, CG-3,
and CG-4 land use districts subject to approval of a Conditional Use
Permit; Artist Colony units are permitted in the CR-2 land use districts
subject to approval of a Conditional Use Permit; and, Combination
ResidencelOffice units are permitted in the CO-l and CO-2 land use
districts subject to approval of a Conditional Use Permit. Mixed use
development having commercial uses mixed with residential uses shall be
constructed, maintained, and operated in the following manner:
1. Development Standards for mixed use development containing one
or more dwellings, including livelwork units, shall be as specified in
--
Page 2
\."....,_.
Table 6.02 Commercial Zones Development Standards. Multi-family
apartment dwelling units, including Artist Colony apartment dwelling
units, in mixed use development containing commercial uses shall be
constructed in compliance with Section 19.04.030 (2) (L) Multi-
Family Housing Standards. Mixed use development not containing
multi-family apartment dwelling units and containing only single
family units, townhomes and/or condominium dwelling units and
commercial land uses shall be exempt from Section 19.04.030 (2) (L)
and be constructed in compliance with the following development
standards:
a. Each dwelling unit shall provide a minimum of 300 square feet of
private useable open space (which may include private (walled)
patio, balcony, and/or roof deck). Private useable open space areas
shall not include: right-of-ways; vehicle parking areas; areas
adjacent to or between any structures less than 6 feet apart;
required front, rear, and sideyard setbacks from property lines; or
slope areas greater than 6 percent.
b. Each non-live/work dwelling unit shall have a private (walled)
patio, balcony, and/or roof deck not less than 150 square feet in
area and having a minimum width of 1 0 feet and depth of 1 0 feet.
-
c. Mixed use developments containing one or more dwelling units,
including live/work units, shall provide recreational amenities
within the site which may include: a swimming pool; spa;
clubhouse; tot lot with play equipment; picnic shelter - barbecue
area; court game facilities such as tennis, basketball, or
racquetball; improved softball or baseball fields; or, day care
facilities. The type of amenities shall be approved by the Director
and provided according to the following schedule:
Units
Amenities
0-11
o
12 - 50
51-100
2
101 - 200
3
201 - 300
4
Add I amenity for each 100 additional units or fraction thereof.
---
Page 3
""""--~
d. Locations of Off-Street Parking: Spaces for residential uses shall
be located within 150 feet from the dwelling unit (front or rear
door) for which the parking space is provided.
e. Private Enclosed Storage: Each dwelling unit in a mixed use
development shall be provided a minimum of 150 cubic feet of
private enclosed storage space within the garage, or immediately
adjacent to the dwelling unit.
f. Community Entry Driveway Approaches: Driveway approaches
accessing a public street in a mixed use development of 12 or more
units shall be delineated with interlocking pavers, rough-textured
concrete, or stamped concrete.
g. Washing Machine and Dryer: Each dwelling unit shall be plumbed
and wired for a washing machine and dryer.
-
h. Building Separation: The distance between buildings contammg
one or more dwelling units in a mixed use development shall be a
minimum of 6 feet (excluding roof overhangs and fireplace
chimneys); and, at a minimum, shall comply with the requirements
of the City's building code. A livelwork unit that does not have a
wall or roof in common with any other building or structure may
either be constructed with no sideyard separation of distance
between units (i.e. double exterior walls separating units), or shall
be a minimum of 6 feet (excluding roof overhangs and fireplace
chimneys). Notwithstanding the above, the distance between
dwelling units separated by an entry courtyard and facing another
structure shall be a minimum of 15 feet. In the event that the front
of the units are internally oriented to fact one another, than a
minimum l5-foot building separation is required between the
fronts of the units.
1. The maximum structure height in the CG-2 and CG-3 land use
districts shall be 4 stories (not to exceed 56 feet).
2. Land Use Activities in Mixed Use Buildings having Residential
Units: Land use activities in a building where residential and
commercial land use activities are allowed to mix shall be any land use
activity permitted by right and/or subject to approval of a Conditional
Use Permit in the land use district governing the premises; provided,
however, that in order to enhance the success of businesses in mixed
use buildings and protect the health and safety of persons who reside
in a mixed use building, the following land use activities shall not be
permitted:
'-
Page 4
Automotive Related Uses,
Boarding/Lodging Facilities,
Restaurants-with Drive- Thrus,
Home Improvements with Outdoor Display,
Indoor Retail Concession Malls,
Mini-Malls,
NurserieslGarden Supplies,
Publishing/Printing Plants,
Recycling Facilities,
Recycling Facilities (Reverse Vending Only),
Veterinary Servicesl Animal Boarding,
Funeral ParIorslMortuaries,
Single-Price Overstock/Discount Stores,
"'-'
Adult-Oriented Businesses (See Section 19.06.030(2)(A) for specific
definition of terms),
Emergency Shelters,
Health ClinicslOutpatient Surgery
Residential Care Facilities
Senior Congregate Care Facilities
Social Service Centers
Fortune Tellers,
Tattoo Parlors and/or Body Piercing Studios,
Second Hand Stores/Thrift Stores,
Check-Cashing Facilities, and
Pawn Shops.
3. Home Occupations are allowed in compliance with Chapter 19.54 in
townhome, condominium and detached single family units only.
-
Page 5
4. Parking Requirements: As specified for each use in the Development
Code.
5. Sign age: A signage program shall be submitted as part of the site
development permit application package, addressing proposed
monument, ladder and/or individual property signage.
6. Public Telephones: Exterior public pay telephones are prohibited.
7. Conditions, Covenants, and Restrictions (CC&R's): CC&R's shall
be reviewed and subject to the approval of the Development Services
Deputy Director/City Planner. The CC&R's shall list restricted uses.
At a minimum, the property owners association will be responsible for
maintaining concrete and asphalt paved areas, fences and walls, and
landscape areas exterior to private yards and private open space; and
common areas. The property owners association will be responsible
for controlling hours of business, visitor and guest parking,
and enforcing standards established for the exterior of the structures.
8. Live/Work Unit: A dwelling constructed, maintained and operated
having commercial and residential uses is classed as a LivelWork Unit
and shall adhere to the requirements for Mixed Use Commercial and
Residential Development, with the following additional standards and
exceptions:
"""-
a. Permitted Dwelling Types: Live/work units shall be townhome,
condominium and/or detached single family units only.
b. Commercial Land Use Activities in LivelWork Units: The
following land use activities shall not be permitted in livelwork
units:
Land use activities prohibited in mixed-use buildings containing
one or more residential units:
Night ClubslBarslLounges,
Entertai nmentlRecreati on,
Medical/Care Facilities/Social Services,
Tanning Salons,
Dry Cleaners,
Health! Athletic Clubs
",-.
Laundromats (self-serve),
Page 6
Convenience Stores,
~.."-
Drug Stores,
Supermarkets,
Liquor Stores,
Mobile Home Sales, and
Religious Facilities.
c. Minimum Dwelling Size Standards: The minimum dwelling unit
area for each livelwork unit shall be not less than 1,000 square
feet, exclusive of work area; and the minimum dwelling unit area
for Artist Colony dwelling units shall be not less than 750 square
feet.
........
d. Hazardous Activities: Storage of hazardous materials necessary for
work activities in livelwork units may be stored in controlled areas
in accordance with the current uniform building codeluniform fire
code used by the City of San Bernardino. Hazardous activities
including but not limited to welding, open flame, or storage of
flammable liquids, storage of hazardous materials, or similar
hazardous operations are not permitted in livelwork units without
express written approval from the Fire Department, which shall
impose the appropriate requirements for such approval.
e. Open Space: Each livelwork unit shall provide a minimum 300
square feet of useable private open space; or, a minimum of 120
square feet of useable private open space and 300 square feet of
common useable open space. Useable private open space areas
may include private (walled) patios, balconies and/or roof decks.
Useable private open space areas shall not include right-of-way,
private streets or driveways, vehicle-parking areas, required
setbacks from property lines, or slope areas greater than 6 percent.
f. Entries: With the exception of Artist Colony units, the work area
in a live/work unit is required to have either a separate access
entry or, if approved by the Director, a shared livelwork entry on
the grade level of the unit. Each Iivelwork unit shall be provided a
primary entry from common areas such as hallways, corridors,
and/or exterior portions of the building such as courtyards,
breezeways, parking areas, and public spaces.
g. Work Area: With the exception of Artist Colony units, each
livelwork unit shall have a minimum of 300 square feet of floor
area designed and constructed as work area.
""-
Page 7
"--
h. Walls Facing Street and / or Parking Lot: excluding Professional
Livelwork Units, ground floor exterior walls facing a street and/or
a parking lot shall have one store front window having a minimum
height of 3 feet and width of 5 feet.
1. Vehicle Parking Requirements: One space for each 250 square feet
of cumulative gross floor area of work area in the livelwork units
in the mixed use development; and 2 covered spaces within an
enclosed garage for each Iivelwork unit, plus 1 uncovered off-
street guest parking space for every 5 livelwork units.
j. Tandem Parking: Unattended tandem parking will be permitted if
the Director determines that such parking would be appropriate
and effectively used.
k. Loading spaces are not required for the commercial components of
a livelwork unit provided the work area of the livelwork unit does
not exceed 700 square feet of floor area.
I. Noise: Noise levels generated by a livelwork unit shall conform to
the requirements of the Municipal Code for residential use.
-
m. (*) Business Hours: Hours of operation for businesses serving
customers on-site from livelwork units shall be limited to 7:00
a.m. to 7:00 p.m. Monday through Friday, and from 9:00 a.m. to
5:00 p.m. Saturday and Sundav
n. No Separation Sale or Rental: No portion of a livelwork unit may
be separately rented or sold as a commercial space for a person or
persons not living in the premises or as a residential space for a
person or persons not working in the same unit.
o. Business in a Live/Work Units: Conducting a business in the work
area of a livelwork unit is an opportunity for those whose home-
based businesses will blend with the unique environment.
Conducting a business in the work area is not required.
p. ArcadelPinball and Arcade Video Games: On-site arcadelpinbaIl
machines and arcade video games may not be installed or operated
in the work area of a Iivelwork unit.
.........
Page 8
"',..-.~
q. Employment: A business conducted in a work area of a livelwork
unit may have on the premises at any given time a maximum of
three part-time and/or full-time employees. There is no limit to
resident- family-member-employees.
r. Pre-wired: Each livelwork unit shall have a minimum of 200 amp
electric service. Each livelwork unit shall be pre-wired for
telephone, cable television and computer Internet. Each livelwork
unit shall be pre-wired for a security system approved by the
Police Department.
9. Professional Live/Work Unit: A dwelling constructed, maintained
and operated having commercial uses restricted to Studiol Artist and
Creative/Tech-based Offices and Services, and/or Professional Offices
and Services (including Combination Residence/Office), and primarily
non-retail uses in the work area, is classed as a Professional LivelWork
Unit.
a. The following types oflivelwork units (including but not limited to
Combination ResidencelOffice and Artist Colony units)
are Professional Live/Work Units:
--
1. Studiol Artist and CreativelTech-based Offices and Services:
Activities in these livelwork units include, but are not limited
to, artist studios and non-traditional live and work space for
technology art and graphics-based professional activities and
services such as web and software-based application and
development, animation, multimedia development,
programming, and other similar uses which do not require
intensive customer traffic.
2. Professional Offices and Services: Activities in these livelwork
units include, but are not limited to, tax preparation,
accounting, financial planner, architecture, landscape
architecture, engineering and planning consultant services,
graphic and arts, attorney, chiropractor, internet or web
oriented businesses, and other similar uses which do not
require intensive customer traffic.
b. Professional Live/Work Units (including but not limited to
Combination ResidencelOffice in COol and CO-2 land use
districts) shall be constructed, maintained and operated as
jive/work units, with the following additional standards and
exceptions:
""-"
Page 9
'-
1. Land Use Activities in Professional LivelWork Units:
Residential uses shall be condominium, townhome and/or
single family detached dwellings only. In addition to the land
use activities prohibited in Iivelwork units, no retail sales shall
occur in a livelwork unit designated as a "professional
livelwork unit" unless the sales products are jewelry, art
products such as ceramics, paintings, graphics, pottery,
sculpture, photography, or similar products, and/or the products
of the occupant's primary business located in the work area on
the premises.
2. Occupancy: The residential portion of a
Professional LivelWork Unit shall only be occupied by the
individual and hislher family that has their professional
occupation or business established in the work areas of said
unit.
3. Signage shall be restricted to signage attached to the dwelling
and shall not exceed three (3) square feet for each dwelling unit
containing a business.
4. Parking Requirements: One space for each 500 square feet of
cumulative gross floor area of work area; and 2 covered spaces
in an enclosed garage for each Professional LivelWork Unit.
""-
(*) Modified by the Planning Commission on January 10,2006.
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
MoO'" Do. (""reAdop""" 1:Jt/O 10 !ttm' L{! R<~!"",,'
Vote: AyeJJ, {IS; , Nays Abstain
~ . I
Change 10 motion to amend original documents 0
Companion Resolutions
NulI/Void After: days /
Resolulion # On Attachments: 0
PUBLISH 0
POST 0
RECORD W/COUNTY 0
Note on Resolution of al\achment stored separately: 0
Dale Sent to Mayor: ) I n .{9}
Dale of Mayor's Signature: 1//)," I).b ,
Date of Clerk/CDC Signature: J /0/ B6
Date Memo/Letter Sent for Signature:
I" Reminder Leiter Sent:
Date Returned:
2'd Reminder Letter Sent:
By:
Reso. Log Updated: ~
Seal Impressed: ~/'
Reso. # on Staff Report [3""
Nol Returned: 0
Request for Council Action & Staff Report Altached:
Updaled Prior Resolulions (Other Than Below):
Updaled CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
Animal Control 0 EDA 0
City Administrator V Facilities 0
City Atlomey Finance 0
Code Compliance 0' Fire Departmenl 0
-d(~
Development Services Human Resources 0
Others:
Yes /
No~ By~
N~ By~
No ./' By
N07'~~
~ --
No --"'- By ~
Yes
Yes
Yes
Yes
Information Services 0
Parks & Recreation 0
Police Departmenl 0
Public Services 0
Water Department 0
Notes:
/
/
Ready to File: .:d
Date:
~~t/'&}
Revised 12/18/03
OFFICE OF THE CITY CLERK
RAcHELG. CLARK, C.M.C. - CITVCLERK
300 North "0" Street. San Bernardino. CA 92418-0001
909.384.5002. Fax: 909.384.5158
www.sbcity.org
,.
February 22, 2006
Allan "Ali" Cayir, President
Transtech Engineers
3'd Street Development
P.O. Box 5822
San Bernardino, CA 92412-5822
Dear Mr. Cayir:
At the Mayor and Common Council meeting held on February 21, 2006, the following action
was taken relative to Development Code Amendment No. 05-06, General Plan Amendment
No. 05-12, Tentative Tract Map No. 17704 and Conditional Use Permit No. 05-17:
That the hearing be closed; that said ordinance be laid over for final adoption; that
said resolution be adopted; and that the Mayor and Common Council adopt the
Mitigated Negative Declaration and Mitigation Monitoring/Reporting Program; and
approve Tentative Tract Map No. 17704 and Conditional Use Permit No. 05-17,
based upon the Findings of Fact contained in the Planning Commission staff report,
subject to the Conditions of Approval and Standard Requirements.
If we can be of further assistance, please do not hesitate to contact this office.
Sincerely,
KJJc/tzLJ/ CCa1h
Rachel G. Clark ~.AJr, ,
City Clerk 'u ~ \)1 L'--'
RGC:Ils
pc: Development Services
Dave Mlynarski, President, MAPCO, 3'd Street Development, P.O. Box 5822, San
Bernardino, CA 92412-5822
Cliff Carol, 296 Paseo Primavera, Palm Desert, CA 92260
CITY OF SAN BERNARDINO
ADOPTED SHARED VALVES: Integrity. Accountability. Respect for Human Dignity. Honesty