Loading...
HomeMy WebLinkAbout23-Development Services (2) ORIGINAL CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Dept: Development Services Date: January 9, 2009 File: GPA07-01 & CUP07-34 Subject: General Plan Amendment No. 07-01 & Conditional Use Permit No. 07-34 - A request to change the General Plan land use designation of a 17,516 square foot parcel from RS, Residential Suburban to CG-I, Commercial General, with a request to construct a 3,600 square foot multi-tenant retail building on the site located at the northeast comer of 30th and "E" Streets. Synopsis of Previous Council Action: MCC Date: February 2, 2009 None Recommended Motion: ~(j,~ That the hearing be closed and said resolution be adopted. Valerie C. Ross Contact Person: John Oquendo Phone: 909-354-5057 Ward(s): 7 FUNDING REQUIREMENTS: Supporting data attached: Staff Report Amount: Source: (Accl. No.) Acct. Description: Council Notes: /i/:>o Finance: Zc>09- 0)5 Agenda Item No. ~t? 1).,').-01 CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION STAFF REPORT Subiect: General Plan Amendment No. 07-01, & Conditional Use Permit No. 07-34 - A request to change the General Plan land use designation of a 17,516 square foot parcel from RS, Residential Suburban to CG-I, Commercial General, with a request to construct a 3,600 square foot multi- tenant retail building on the site located at the northeast comer of 30th and HE" Streets. OWNER/APPLICANT: Allan Steward 1257 West Colton Avenue Redlands, CA 92374 (951) 734-6330 ENGINEER/CONTACT: Alex Irshaid RAMCAM Engineering 370 East Park Ridge Avenue, #101 Corona, CA 92879 (951) 734-6330 Background: The applicant requests approval of General Plan Amendment (GPA) No. 07-01 to change the land use designation from RS, Residential Suburban, to CG-I, Commercial General, for a parcel approximately 17,516 square feet in area. Conditional Use Permit (CUP) No. 07-34, is also proposed to construct a 3,600 square foot multi-tenant retail buidling. The project site is located on the northeast comer of 30th and "E" Streets (Exhibit I). A gasoline service station was established on the site in 1968, under the C3-A zoning classification. In 1989, the General Plan was updated and the land use designation of the site was changed to RS, Residential Suburban. The gasoline service station became a non-conforming use, and continued to operate until April of 2002. The applicant requests a General Plan Amendment to permit another general commercial land use to replace the service station structure that was demolished in June of2008. See the Planning Commission Staff Report (Exhibit 2) for additional background information and analysis. On December 2, 2008, the Planning Commission considered this proposal and recommended that the Mayor and Common Council approve General Plan Amendment No. 07-01 and Conditional Use Permit No. 07-34 (Exhibit 2). The action of the Planning Commission was unanimous, with Commissioners Coute, Durr, Heasley, Mulvihill, Munoz, Rawls and Sauerbrun approving the recommended motion. Commissioners Hawkins, and Longville were absent from the meeting. Financial Impact: No financial impact is anticipated; the appropriate application fees have been paid. 2 01/12/20093:47 PM Recommendation: Staff Recommends that the Mayor & Common Council adopt the Resolution to approve General Plan Amendment No. 07-01 and Conditional Use Permit No. 07-34 based on the Findings of Fact and subject to the Conditions of Approval and Standard Requirements as recommended by the Planning Commission. Attachments: Exhibit I Exhibit 2 Exhibit 3 Location Map Planning Commission Statement of Action and Staff Report Resolution 3 01112/20093:47 PM PROJECT Number: . Owner: Applicant: Description: ACTION: Meeting Date: EXHIBIT 2 CITY OF SAN BERNARDINO STATEMENT OF OFFICIAL PLANNING COMMISSION ACTION Conditional Use Permit No. 07-34 & General Plan Amendment No. 07-01 CC Pak 2 LLC Citicom Development A request to change the General Plan land use designation of an existing parcel in the RS, Residential Suburban land use district to CG-l, Commercial General, with a request to construct a 3,600 square foot multi-tenant retail building on approximately 17,516 square feet of land located at the northeast comer of 30th and HE" Streets. RECOMMENDED APPROVAL December 2, 2008 The Planning Commission recommended that the Mayor and Common Council: 1. Approve General Plan Amendment No. 07-01, and 2. Approve Conditional Use Permit No. 07-34 based on the Findings of Fact contained in the Staff Report and subject to the Conditions of Approval (Attachment C), and Standard Requirements (Attachment D). VOTE Ayes: Nays: Abstain: Absent: Coute, DUIT, Heasley, Mulvihill, Munoz, Rawls and Sauerbrun None None Hawkins and Longville I hereby certify that this Statement of Official Action accurately reflects the final determination of the Planning Commission of the City of San Bernardino. __" I- L Terri Rahhal, Deputy Director/City Planner --,.."... 'l '-1 .- c~(.. d , / l I (", I") ,/ C""'. --... 'c-'-f~ -~' I , _~.1 Date , /-. -" / cc: Case File, Department File, Plan Check, and Public Works/Engineering PLANNING COMMISSION STAFF REPORT CITY OF SAN BERNARDINO PLANNING DIVISION CASE: AGENDA ITEM: HEARING DATE: WARD: General Plan Amendment No. 07-01, & Conditional Use Permit No. 07-34 I December 2, 2008 7 . . ENGINEER: Alex Irshaid RamCam Engineering 370 East Park Ridge Avenue, #101 Corona, CA 92879 (951) 734-6330 APPLICANT/OWNER: Allan Steward 1257 West Colton Avenue Redlands, CA 92374 (909) 335-0333 REQUESTILOCATION: A request to change the General Plan land use designation of an approximately 17,516 square foot parcel from RS, Residential Suburban to CG-l, Commercial General, with a request to construct a 3,600 square foot multi-tenant retail building on the site located at the northeast comer of 30th and "E" Streets. CONSTRAINTS/OVERLAYS: High Wind Area, Freeway Corridor Overlay ENVIRONMENTAL FINDINGS: o Not Subject to CEQA ~ Exempt from CEQA, ~15302: Replacement or Reconstruction o No Significant Effects o Potential Effects STAFF RECOMMENDATION: ~ Approval [8] Conditions o Denial o Continuance to: CUP No. 07-34, & GPA No. 07-01 Hearing Date: December 2, 2008 Page 2 PROJECT DESCRIPTION The project site is located on the northeast comer of 30th and "E" Streets, in the RS, Residential Suburban land use district (Attachment A). The applicant requests approval of Conditional Use Permit No. 07-34 and General Plan Amendment No. 07-01 under the authority of Development Code ~19.36.050, ~19.50.050, ~19.06.020(I)(9) to amend the land use map of the City of San Bernardino General Plan to change the designation of the subject property from RS, Residential Suburban to CG-l, Commercial General and to construct a 3,600 square foot, 3-suite multi- tenant commercial building (Attachment B). SETTING/SITE CHARACTERISTICS The project site is comprised of a single vacant parcel approximately 17,516 square feet in area. A gasoline service station that occupied the site for many years was recently demolished in June of 2008. The site has frontage on 30th Street, a secondary arterial, and "E" Street, a major arterial and future route of the SbX rapid bus transit service, an express service plarmed by Omitrans. The nearest plarmed SbX stations will be located at Marshall Boulevard and "E" Street and Highland Avenue and "E" Street. The area surrounding the project site is characterized by a mix of convenience commercial uses and established single family residences. To the south of the site is the 1-21 0 freeway. The table below provides a summary ofthe surrounding land uses. Surroundinl! Zoninl! and Land Use: Existing Land Use General Plan Designation Site Vacant, Recently Demolished RS, Residential Suburban Gasoline Service Station North Single Familv Residences RS, Residential Suburban South 1-210 Freewav N/A East Simde Familv Residences RS, Residential Suburban West Gasoline Service Station and CG-l, Commercial General Convenience Store CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) The Development/Environmental Review Committee (DIERC) reviewed the proposed project on January 10, 2008 and recommended a determination that the project is exempt from CEQA under Section 15302 as a replacement/reconstruction project. This exemption allows for replacement of a structure with a new structure of a similar size, capacity and function. The proposed project would replace an abandoned gasoline service station with a retail commercial structure of a similar size, plauned for a similar intensity of use. CUP No. 07-34, & GPA No. 07-01 Hearing Date: December 2, 2008 Page 3 BACKGROUND A gasoline service station was established on the site in 1968, under the C3-A zoning classification. In 1989, the General Plan was updated and the land use designation of the site was changed to RS, Residential Suburban. The existing gasoline service station became a non- conforming use, and continued to operate until April of 2002, when the use was discontinued. As of April of 2003, the site lost its status as a legal non-conforming commercial use in a residential land use district. After considering the various constraints on re-use of the site, as discussed below, the developer determined that residential development of the site was not practical. Therefore, the applicant requests a General Plan Amendment to permit another General Commercial land use to replace the service station structure that was demolished in June of2008. The DevelopmentJEnvironmental Review Committee (DIERC) conducted a preliminary review of the proposed project on January 10, 2008. On February 21,2008, the D/ERC reviewed revised plans and moved the project to Planning Commission, subject to submittal of additional revisions and completion of related studies and engineering for the project site. The project site was cleared and final analyses required for the project Water Quality Management Plan (WQMP) were completed in the summer of 2008 and final plans were submitted for presentation to the Planning Commission on November 14, 2008. ANALYSIS After the General Plan update of 1989 changed the land use designation of the project site to RS, the site never converted to single-family residential use. At first, this was due to the established commercial use of the site. When the operation of the gasoline service station was discontinued and the site lost its legal non-conforming use status, it became apparent that a General Plan Amendment would be required to redevelop the site with a suitable commercial use. The size and configuration of the site, considered with the existing pattern of development of surrounding properties make single-family residential development of the site impractical and undesirable. The site is less than Y2 acre, which limits opportunities for building and parking. The site fronts on major and secondary arterial streets, at an intersection that also handles freeway interchange traffic, severely limiting access options for the site. The proximity of Interstate 210 also affects the ambient noise level. These constraints, coupled with the fact that well established residential land uses back up to the project site, cutting it off from the surrounding neighborhood, support the proposal of a small commercial project on the subject site. The proposed multi-tenant project would occupy a building footprint similar in size and configuration to the former gasoline service station that existed on the site until recently. As such, the proposed project is a replacement of a previous commercial use. Potential commercial uses to occupy the new development would likely be neighborhood retail and service uses, offering local conveniences to the surrounding residential neighborhood. The project site has been designed to encourage pedestrian access, potentially serving local residents who may walk by the site on the way to and from the SbX station at Marshall Boulevard and "E" Street, approximately 1 000 feet to the north. CUP No. 07-34, & GPA No. 07-01 Hearing Date: December 2, 2008 Page 4 The project, a request to amend the General Plan land use map and construct a multi-tenant corrunercial center, is subject to several provisions of the City of San Bernardino Development Code, including: Chapter 19.50 - General Plan Amendments, Chapter 19.06 - Corrunercial Districts, Chapter 19.36 - Conditional Use Permits and ~19.06.030(2)(K) - Mini-Malls. The table below assumes approval of the proposed CG-l, General Corrunercialland use designation, and provides an analysis ofthe project for compliance with current Development Code standards for new corrunercial projects. If the proposed General Plan Amendment is granted, the site will comply with applicable development standards, as specified in the following table: . . Proptlsal Development. Code . General Plan Item Land Use: Requires Requires Multi-Tenant Retail Amendment for Amendment for Compliance Compliance Lot Coveral!e: 24.7% 50% Max. N/A Landscape Coveral!e: 15.4% 15% Min. N/A Setbacks: N/A - Front 10 ft 10ft - Street Side 10ft 10 ft - Side 10ft 10ft - Rear 10 ft 10 ft Buildin!! Heil!ht (et): 26.1 ft 30 ft (Max.) N/A Parkin!!: 14 14 N/A FINDINGS OF FACT General Plan Amendment: I. The proposed amendment is consistent with the General Plan. The proposed General Plan Amendment is consistent with the following General Plan goals and policies: 2.2 Promote development that integrates with and miuimizes impacts on surrounding land uses. 2.2.2 Require new uses to provide mitigation or buffers between existing uses where potential adverse impacts could occur, including, as appropriate, decorative walls, landscape setbacks, restricted vehicular access, enclosure of parking structures to prevent sound transmission, and control oflighting and ambient illumination. The proposed General Plan Amendment would permit continuation of the historic pattern and integration of existing land uses. The proposed new development would comply with all current development standards to ensure compatibility with the existing environment. CUP No. 07-34, & GPA No. 07-01 Hearing Date: December 2, 2008 Page 5 2. The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City. The proposed General Plan Amendment is requested to allow consideration of a Conditional Use Permit for construction of a multi-tenant retail building to replace the previous commercial use of the project site. The resultant construction and new land use designation will not be detrimental to the surrounding properties because the proposed commercial land use designation and the related project would conform to existing physical constraints of the project site, to replace a previous commercial use and thereby improve public convenience, subject to development standards that protect the public health, safety and welfare. 3. The proposed amendment will maintain the appropriate balance of land uses within the City. The proposed amendment will not affect the balance of land uses within the City. The site was designated commercial and developed for commercial use under a previous General Plan. Until recently, the site has been occupied by a commercial land use. Changing the land use designation of the site back to a commercial designation will not change the balance of land uses within the City, since a commercial land use continued on the site despite the residential land use designation adopted in 1989. 4. Being a case of an amendment to the General Plan Land Use Map, the subject parcels are 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 the anticipated land use development. The project site has a long history of General Commercial land use. The development plan proposed concurrently with the proposed General Plan Amendment demonstrates the physical suitability of the site for commercial development. The site is located adjacent to and already served by a full range of utilities and services and existing public streets. All applicable commercial development standards have been met in the commercial development plan proposed for the site. Therefore, the site is physically suitable for continued commercial land use. Conditional Use Permit: I. The proposed use is conditionally permitted within, and will not impair the integrity and character of the subject land use district and complies with all of the applicable provisions of the Development Code. The proposed multi-tenant commercial center is conditionally permitted in the CG-l, Commercial General land use district, as requested by General Plan Amendment No. 07-01. The project has been designed to conform to the development standards of the CG-l district. Additionally, the project complies with all specific standards for multi-tenant retail development specified in SI9.06.030(2)(K), as illustrated in the staff report. Therefore, the proposed project would not impair the integrity and character of the subject land use district. CUP No. 07-34, & GPA No. 07-01 Hearing Date: December 2, 2008 Page 6 2. Theproposed use is consistent with the General Plan. The project requires an amendment of the General Plan land use map in order to be consistent with the General Plan. The proposed re-designation of the site from RS, Residential Suburban to CG-l, Commercial General will allow "Local and regional serving retail, personal service, entertainment, office, and related commercial uses", consistent with the General Plan description of the CG-l land use district. Policy 2.2.1 requires new development to "ensure compatibility between land uses and quality design through adherence to the standards and regulations in the Development Code and policies and guidelines in the Community Design Element." Additionally, Goal 5.7 encourages the development of "attractive and safe commercial, office, and industrial projects that are creatively designed..." The project as proposed is attractive, safe and compatible with surrounding uses, consistent with these General Plan policies and goals. 3. The approval of the Conditional Use Permit for the proposed use is in compliance with the requirements of the California Environmental Quality Act and Section 19.20.030(6) of the Development Code. The project is exempt from CEQA under Section 15302 for reconstruction and replacement projects. Staff conducted a review of the proposed project to confirm that no significant environmental impacts would result from the project and the CEQA exemption is applicable. 4. There will be no potentially significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored. No significant negative impacts to environmental quality and/or natural resources are anticipated to result from the proposed project. The project site has been developed with a service commercial land use for many years, and the surrounding area is urbanized. Replacement of a former gasoline service station with a multi-tenant retail building is a similar substitute for the previous land use, compatible with surrounding urban land uses. 5. The location, size, design, and operating characteristics of the proposed use are compatible with the existing and future land uses within the general area in which the proposed use is to be located and 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 proposed use is compatible with the existing and future commercial and single family land uses within the surrounding area. The project site has functioned for many years as a commercial property, oriented toward the intersection of 30th and "E" Streets, facing away from surrounding residential properties. Future commercial uses on the project site are not anticipated to have any significant objectionable impact on surrounding development. The proposed use will operate in a manner consistent with the Development Code and the conditions of approval. On- and off-site improvements have been designed to mitigate or avoid potential impacts of the project on surrounding properties. Therefore, no land use conflict or adverse environmental impacts are anticipated to result from the construction and operation of the proposed development. CUP No. 07-34, & GPA No. 07-01 Hearing Date: December 2. 2008 Page 7 6. The subject site is physically suitable for the type and density/intensity of use being proposed. The site contains ample buildable area for the proposed development. Moreover, the proposed development complies with all applicable provisions of the Development Code, including parking and landscaping requirements and architectural design guidelines. Therefore, the site is physically suitable for the proposed multi-tenant retail development. 7. There are 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. There are adequate provisions for public access, public utilities, and public services for the proposed project. The site is located adjacent to a full range of utilities and other services, and it is already served by existing public streets. All development and building codes applicable to construction of the proposed project will ensure that the project would not be detrimental to public health and safety. CONCLUSION The Findings of Fact support approval of General Plan amendment No. 07-01 and Conditional Use Permit No. 07-34, subject to the recommended Conditions of Approval and Standard Requirements. RECOMMENDATION Staff recommends that the Planning Commission recommend that the Mayor and Common Council: 1. Approve General Plan Amendment No. 07-01, and 2. Approve Conditional Use Permit No. 07-34 based on the Findings of Fact in this Staff Report and subject to the Conditions of Approval (Attachment C), and Standard Requirements (Attachment D). Respectfully Submitted, v J/tW; (/. ~ Valerie C. Ross Director, Development Services CUP No. 07-34, & OPA No. 07-01 Hearing Date: December 2, 2008 Page 8 Attachment A: Location Map Attachment B: Site Plan Attachment C: Conditions of Approval Attachment D: Standard Requirements ATTACHMENT A CITY OF SAN BERNARDINO PROJECT: Conditional Use Permit No. 07-34, General Plan Amendment No. 07-01 PLANNING DIVISION LOCATION MAP LAND USE DISTRICTS HEARING DATE: 12/02/08 u NORTH I I j.'" ij"I"'! i '1':~' 68'1 .'..' .... '... jj!ll~':':'11111 /:-',1: ,/;, :: It111 ... ::::,. i:1 11,:l!Il. L.c. ~ ~l~ !J1lil1i;l <i Z' 21r 6~ Q~ ~ . w- I- i"" "'- --=:: ~~ or:::::; ""L ~ ~'<t$- L.J... n..NZ 00 W" <r 0 0<0 0 (f1 alL. N CL ~g6 ffi a:::z _ rn W o-~ ::> ZWz w en ~E6 ~ -.. z'-' ...J ":00 :x:n..~ ...J g~~ <( a::>-~ 0 "'<r Z Z ~z~ ffi O ::~z ~ ;.-OjU'i i3 - 9~~ ~ J- i:; -(I) ~ - 00 u O z~a::: .::'f 000 <: Z ~a:::G3 a::: ~~a::: 0"-15 ,,'" () ;:~ '-' -~ o '-' ~~ '-' V> W -I "'~ >=' S gOvt5 \l'J 'ONIOHVNH38 NVS H3illS 3 HHJON fOOr 1.33lll S Hl.OE ~ 3 " !!ll ATTACHMENTB J~f! ;I~II ! iil'~i! ,1!!!,:i,' ii!i!:!I' < ,I. !!:',i '10 ~ iliAl" I ' - 11,1 .jtlll<l" " 'jil'l '11;1,'ln ~ f r'''~ l 1';~'mGI'li " ii{CI1m: !III ! i I \!Iil!' Illml ~ ~~i ~ ~j d~l~ ~ ~I !ill! I ~~ I ~f 5iHf /1'1 ! lihii: I . ii' "I ,h1ill I ~fllll !li! 1,1I.;5,II..ii I'! f', -l iill ~ I ., !' '''''' I . I ! !! I" . . I. . ., < II II ,,< 0 ! d :, I'l I '! II " ~ ~) ill .. '.: ~ GII ~Ij III II I!II fill ,I: j '. I ; I d! "~h i "J ..1 Loll, 1.1 d .) I ~,d II!!!J ~ I i I ii ,1m II '5 I , I l I I I I Ill! I, ;;tfia ! 11 z i o ~ I " ~ ~ I . U I ! o ~ I o' g I , .i ~i "i it n fiii 1\ li:,':I !, R i 2 If.'! II! ! '!. II !. Ii ., j" I' " s" U;.--' ':!!.' ",t~,~~~-1~-~-- __ ~ I '~r ~ IT', Ii" . ill i.. ,,' J f " u ! I! i .( f-"'--.1 " ,.~ ,I-' i - -.:- '"J;;;jb.7Il ~-IV) " ! ';h~"l--__j'.c ~ ; j' ~ z :tc--1 ig :5 I --,; II j'~ CL l:/f ~i ~ I i~l hJ' ,,,---.,,t---"l' ",;ti-'i!<' ! .::...---J:::::=::""'-t<';:.;; "~f-..-..,"ri}\ illi i -~~- ~ ~ I! L IH/IiIHII ! ___~1~__ .. _~.~R__.~_~~~~-'______~__~__~______~ l.33lllS 3 . , ! I I I.: Iq ijj II ll"~ "1 il i" il I :ii !ld~ 'I ~LI ~m g w u ,:.oIit ~..",~.....!! ::f ~ .~ :g I. Q., ~ ~ 5: ~ ! ~ ... u " --:,~~> ~'; ~. a:: \jll ilii1il1i,1 ", 1'."1'1 ~~.r If':'II'~1 d 1t'1J:~It. ij' 6!WI:1 o;Otl6 Y'J 'ONI{]~VNl:I38 NvS 133MlS 3 HHION rOOf .L33lU.S H.LOE 'i' 3 ./ .' .1 -! I i'. Ii ! . ,';, I I::. i " , 1:1 } , I' ,~ 1~.:'~'!.1!-!..-- i: i~ i i'} jl-' iV) '.J:: /... '0' 1l"f'7.-); i li -j j !' 1 " i i ...------,- l_n_l::::=.:.:~ '---~- i ~ I ___.!nL!.__. - -- - --k--=--==-'-'-"';':':~~T,:;re;,l,.,;"'-_.~------._.4 .L33lf.LS 3 -.------,----- . , .:l____....:r.:=::=::~,j ! . / .! ~! I i II I:: ii If:' i' /1;1 i " 'I, , I ~ :: I '. ,Ii' '~.!~~~4!_L- i: I~ i l,~' i ,/- I IV)' << l' i 'I ~ i , I,; / . i i i i i 'T .I .In''-__ ~--'~-_.~+""1<i<,.~~..r...------______n;j; .L33lf.LS 3 " IN! diM z S n. w n. << () V> o z S Ii 'j I f w l1 ~ \ _ - () I ' Cla(J(I)j '0 I~ ~ ,I '" I" SII Iii J . . 1 ~ .. . i i '. 0: ~ ,}! ~ .' 1,111 II! III Iii i ~ I " ~ i ~ I . ' " I , f I J 'e,t " ' 11 . . . i .., ~ ~ yi H !i'I ~! ~ u , -~,...""-~~'- -~""':' ~ ~ ~i' in ~ o 'E, ' i~11 m:'i!lil " I ~ U) I 11i z li:!:"I!!1 I ! , 0 ,':-- ;/; ~i~ SOtl6 'or:; 'oNIQl:lVNb'38 NVS I' ~ .. , " j ~'l "'I'al' 133lliS 3 Hl!lONs:DOr I'fl U '0 r ,..n '/ 'l\n..l. .L33lil.S H.LO€ 'i' 3 rP II M I~* !1.1~1r,1 ! ill w -' II w ~ ~ ~ ~ ~ ~ I I II II ~ I' ! " i D .,11111 If If ~ I:d 'Ill I ~ iii.,' i.t Z 'Iii I I I wl"!I, 1'1' I. l!'ip -' I li l'" i , ~ pm,ihlld ~ l,iliHIIII/ ~ II ill 111I111 ~ inl il iiJnl w~~% "-000000 , L': , \~" _k , ill + '" , , -,,- , ~ -... r---------.....- 1 · +1 .J I ~'i I i...ll ..1. ' ,1 ~ >i z , -< -' I ~ Q.. ,. '" << { 0--: .. 0..., ~-! li ~ r: " t,:, _ i--l 1 1 00-- 00 0-. 00 Z Z 0 0 ~ ~ -< -< > > w w -' -' w w j:r: l- I/)': :J': <' 0"" wI vll 00 0 - 00 l ~ 00 00 t Hf z :5 0- "- 0' o' ",I ~--:.': 80------- ~. ~= ~ _ Z ..0 .. ~ -< > w -' ~ 1 ~- ~ ~----- ..--.-- . - + . ~ -11~: ~''':l ::"tjJ;. 'fTIt: ~l, '~; ~ T!'II ~'-'~".!J.l :: I' ...--_......... - I- <fl. W-' - ~I 00- f z o ~ -< > w -' UJ j:r: g1 Z I ~ l f~ j111 ilil~ln' " I '..t, , r'J :)v U~ Ij:'ml!!l gOtZ6 V;) 'ONI0!1VN1HS NVS 11,,1 i . "I "'Iml' 133illS 3 H1HON /toor '. 111'.:.. ' I n l.33W-S Hl.O€ ~ 3 !!ild ;1l'J .~" !,.Wl:' II w es,,~ ~o zu w~ ~-' - G~ ~~n " 'I " I, Q - h. Ii " , ~ ~ , I I J II II Ii f ' i S I, ~l iij ld'l Ih lul. . 11 ......,I .......... .. , .. II" 11.... J ............ J , , " , ,1.......:z J" '" J JI ,I .. .IS .... 11 II II" .. 11 J J.:z ~.. ...... ,. ,1.. J" ....... J " , , , , , , , , , , , , , , ".I Jl J .....II .:l " , , , ...... .. ...... .. I--~ ~~. , , , ~__.I~I1L- , , , ,I.." .. " , ,II J...,II.... JI J.... II ...I .. .3. ,,' , ..01. l I I i I ih ~ ~ Sir ... iii" m~ !i 1l'111U 'I' . , ~ ~ , , , , ) , , I . , , , , , , , , , , , ~ , , , , , ,", , , J J" ;IIi J1.... 4/ , '........~ i.. .. :Ii.. .. , I" J J ), , IJ.I .. , . , , , , , , , , , , , , J)I J.. , r: /; .. .. ) , " I !,1 .. i J '~t, , , r ' , ..~ .. , , , ~. , ..' , , , " . , , , . , , , , , , , , , , , ;l:r" . . , , , , , , , , , . ,jI,".lI , , , , , , .........I II ..,I.. J...... ~, , .. :~3~~~ ~: . , , , ".I" ;1.1 .. J...... , ;, g ,: Ii .r f I! I ,r I 'I l! j ,..: VJ .r: +- ' 0' cY"/,;; ~U Jill " L- (" ! I, I ~1I lill If'! II! WI !I!!!l! HIll'! 'l'lr' I!WI' II,' li/jl, ,I "'1 .f II!' 1l!,U! CUP No. 07-34: Attachment C December 2, 2008 CONDITIONS OF APPROVAL Conditional Use Permit No. 07-34 1. This approval authorizes the construction of a 3,600 square foot multi-tenant retail building on approximately 17,516 square feet of land located at the northeast comer of 30th and "E" Streets (APN: 0152-193-29). Approval of General Plan Amendment No. 07- 01 is required prior to approval ofthis project. 2. Within two years of development approval, commencement of construction shall have occurred or the permit/approval shall become null and void. In addition, if after commencement of construction, work is discontinued for a period of one year, then the permit/approval shall become null and void. However, approval of the Conditional Use Permit does not authorize commencement of construction. All necessary permits must be obtained prior to commencement of specified construction activities included in the Conditions of Approval and Standard Requirements. Expiration Date: December 2, 2010 3. The review authority may, upon application being filed 30 days prior to the expiration date of CUP 07-34 and for good cause, grant a one-time extension not to exceed 12 months. The review authority shall ensure that the project complies with all current Development Code provisions. 4. In the event this approval is legally challenged, the City will promptly notify the applicant of any claim, action or proceeding and will cooperate fully in the defense of this matter. Once notified, the applicant agrees to defend, indenmify and hold harmless the City of San Bernardino (City), the Economic Development Agency of the City of San Bernardino (EDA), any departments, agencies, divisions, boards or commission of either the City or EDA as well as predecessors, successors, assigns, agents, directors, elected officials, officers, employees, representatives and attorneys of either the City or EDA from any claim, action or proceeding against any of the foregoing persons or entities. The applicant further agrees to reimburse the City of any costs and attorneys' fees which the City may be required by a court to pay as a result of such action, but such participation shall not relieve applicant of his or her obligation under this condition. The costs, salaries, and expenses of the City Attorney and employees of his office shall be considered as "attorneys fees" for the purpose ofthis condition. As part of the consideration for issuing this permit, this condition shall remain in effect if this Conditional Use Permit is rescinded or revoked, whether or not at the request of applicant. 5. Construction shall be in substantial conformance with the planes) approved by the Director, Development Review Committee, Planning Commission or Mayor and Common Council. Minor modification to the plan(s) shall be subject to approval by the Director through a minor modification permit process. Any modification which exceeds CUP No. 07-34: Attachment C December 2, 2008 10% of the following allowable measurable design/site considerations shall require the refiling of the original application and a subsequent hearing by the appropriate hearing review authority if applicable: a. On-site circulation and parking, loading, and landscaping; b. Placement and/or height of walls, fences and structures; c. Reconfiguration of architectural features, including colors, and/or modification of finished materials that do not alter or compromise the previously approved theme; and, d. A reduction in density or intensity of a development project. 6. No vacant, relocated, altered, repaired or hereafter erected structure shall be occupied or no change of use of land or structure(s) shall be inaugurated, or no new business commenced as authorized by this permit until a Certificate of Occupancy has been issued by the Department. A temporary Certificate of Occupancy may be issued by the Department subject to the conditions imposed on the use, provided that a deposit is filed with the Department of Public Works prior to the issuance of the Certificate, if necessary. The deposit or security shall guarantee the faithful performance and completion of all terms, conditions and performance standards imposed on the intended use by this permit. 7. This permit or approval is subject to all the applicable provisions of the Development Code in effect at the time of approval. This includes Chapter 19.20 - Property Development Standards, and includes: dust and dirt control during construction and grading activities; emission control of fumes, vapors, gases and other forms of air pollution; glare control; exterior lighting design and control; noise control; odor control; screening; signs, off-street parking and off-street loading; and, vibration control. Screening and sign regulations compliance are important considerations because they may delay the issuance of a Certificate of Occupancy until compliance is verified. Any exterior structural equipment, or utility transformers, boxes, ducts or meter cabinets shall be architecturally screened by wall or structural element, blending with the building design and include landscaping when on the ground. 8. The project shall comply with the requirements of other outside agencies, as applicable (e.g. San Bernardino County Department of Environmental Health, California Board of Equalization etc.). 9. Signs are not approved as part of this permit. Prior to establishing any new signs or replacing existing signs, the applicant shall submit an application and receive approval of a Sign Permit from the Planning Division. Signs painted on the building are prohibited. Banners, flags, pennant, and similar signs are prohibited unless a Temporary Sign Permit is obtained. Signslbanners may not be placed on or over the roof or within landscaped areas. Signs and banners may not encroach into the public right-of-way. CUP No. 07-34: Attachment C December 2, 2008 10. The facility operator, property owner, and property management shall be responsible for regular maintenance of the project site. The site shall be maintained in a clean manner and free of litter and any other undesirable material(s). Loose debris shall be collected on a daily basis and the site shall be secured from unauthorized entry and removal of materials when attendants are not present. Vandalism, graffiti, trash and other debris shall be removed and cleaned up within 24 hours. 11. If the color of the building or other exterior finish materials are to be modified beyond the current proposal and improvement requirements, the revised color scheme and/or finish materials shall be reviewed and approved by the Planning Division prior to commencement of work. 12. Any equipment, whether on the roof, side of structure, or ground shall be screened as per Development Code requirements in section 19.20.030(21). 13. All exterior lighting shall be energy efficient with the option to lower or reduce usage when the facility is closed. Any electric siguage may be required to be turned off when the businesses are closed. 14. The windows shall provide an unobstructed view to the inside of the premises at all times. Window siguage shall not comprise more than 25% of the window area. IS. Barbed wire, razor wire, and/or concertina wire shall not be permitted on-site. 16. Security gateslbars, doors, window bars, and/or other similar security devices 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. 17. The licensee shall be responsible for posting of sigus prohibiting litter and loitering. Management shall be responsible for enforcing this provision and maintaining the area free oflitter and graffiti. 18. Music/operational noise shall not be audible beyond the property boundaries. 19. All public telephones shall be located inside the building and shall be fixed for outgoing calls only. 20. A bicycle rack shall be installed in a convenient location on the site. 21. 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 (Attachment C) and Standard Requirements (Attachment D) issued with this approval. CUP No. 07-34: Attachment C December 2, 2008 22. All Conditions of Approval and Standard Requirements shall be implemented and/or completed prior to final inspection and/or issuance of a Certificate of Occupancy. 23. This permit or approval is also subject to Attachment D, the conditions or requirements of the following City Departments or Divisions: a. Development Services Department - Public Works/Engineering b. Development Services Department - BuildingIPlan Check Division c. Fire Department d. Water Department e. Public Services Department **End of Attachment C*** ATTACHMENT D CITY OF SAN BERNARDINO Development Services Department - Public Works Division Standard Requirements Description: A request to change the General Plan land use designation of an existing parcel in the RS, Residential Suburban land use district to Commercial, with a request to construct a 3,600 square foot multi-tenant retail building on approximately 17,516 square feet of land. Applicant: Citicom Development Location: Northeast corner of "E" Street and 30th Street Case Number: CUP 07-34 and General Amendment No. 07-01 J 1. Drainaae and Flood Control " , a) 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. b) If site drainage is to be outletted into the public street, the drainage shall be conveyed through a parkway culvert constructed in accordance with City Standard No. 400. Conveyance of site drainage over the Driveway approaches will not be permitted. c) A Water Quality Management Plan (WQMP) is required for this project. The applicant is directed to the City's web page at www.cLsan-bernardino.ca.us - Departments - Development Services - Public Works for templates to use in the preparation of this plan. d) The City Engineer, prior to issuance of a grading permit shall approve the WQMP. e) 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. Project: Construct 3.600 SQ.ft. Multitenant Retail Building Case No. CUP 07-34 and GP Amendment No. 07-01 Page 2 of7 2. Gradina and Landscapina a) The site/plot/grading and drainage plan shall be signed by a Registered Civil Engineer and a grading permit will be required. The grading plan shall be prepared in strict accordance with the City's "Grading Policies and Procedures" and the City's "Standard Drawings", unless otherwise approved by the City Engineer. b) If more than 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. c) 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"). d) If a rough grading plan is prepared all required perimeter walls and any retaining walls necessary for rough grading shall be detailed on the rough grading plan and permitted with the rough grading. e) Wheel stops are not permitted by the Development Code, except at designated accessible parking spaces. Therefore, continuous 6" high curb shall be used around planter areas and areas where head in parking is adjacent to walkways. The parking spaces may be 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. f) Continuous concrete curbing at least 6 inches high and 6 inches wide shall be provided at least 3 feet from any wall, fence, property line, walkway, or structure where parking and/or drive aisles are located adjacent thereto. Curbing may be left out at structure access points. The space between the curb and wall, fence, property line, walkway or structure shall be landscaped, except as allowed by the Development Review Committee. g) Refuse enclosures must be constructed in accordance with City Standard Drawing No. 508. The modified trash enclosure design shall be detailed on the on-site improvement plan. 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. S',J)j,<i\N iN! iFf: Sl,uT RC(Jort:-;1f)O:-)'11.U20K'( 'l :P(l7<~-1, Gl>A()7-i)I (JU"P\V U)A-C1T ,17<\4 H(1\i i.d-' A,mend I,dd( I!,,'(!-i')>-; Project: Construct 3.600 so.ft. Multitenant Retail Buildin~ Case No. CUP 07-34 and GP Amendment No. 07-01 Page 3 on h) Where a refuse enclosure is proposed to be constructed adjacent to spaces for parking passenger vehicles, a 3' wide by 6 " high concrete planter shall be provided to separate the enclosure from the adjacent parking. The placement of the enclosure and design of the planter shall preclude the enclosure doors from opening into drive aisles or impacting against adjacent parked cars. i) The number and placement of refuse enclosures shall conform to the location and number shown on the site plan as approved by the Development Review Committee, Planning Commission or City Council. j) 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. Block walls shall be constructed of decorative block k) This project is located in the "High Wind Area." Therefore, all freestanding walls and fences shall be designed for a minimum basic UBC wind speed of 100 miles per hour. I) The on-site improvement plan shall include details of on-site lighting, including: . light location, . type of poles and fixtures, . foundation design, . conduit location, size, and material, . the number and size of conductors in each conduit run. · 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-candle security lighting during all other hours. m) The design of on-site improvements shall also comply with all requirements of The California Building Code, Title 24, relating to accessible parking and accessibility, including retrofitting of existing building access points for accessibility, if applicable. ~: J'IA~,~; i;\rirC Sh!if l<qX1lb'200\ .j2.u2Jigc.('UI'I)7..:14, {;PA.(l?~(jj lJOr.P\\' (( JA-('\ iP il~"~q Wid lie .'\lilu'd Project: Construct 3.600 sa.ft. Multitenant Retail Building Case No. CUP 07-34 and GP Amendment No. 07-01 Page 4 on n) An accessible path of travel shall be provided from the public way to the building entrance. All pathways shall be concrete paved and shall provide a minimum clear width of 4 feet. Where parking overhangs the pathway, the minimum paved width shall be 6.5 feet. 0) Where an accessible path of travel crosses drive aisles, it shall be delineated by textured/colored concrete pavement, unless otherwise approved by the Development Review Committee. p) A reciprocal easement shall be recorded prior to grading plan approval if reciprocal drainage, access, and/or parking is proposed to cross lot lines. q) The project Landscape Plan shall be reviewed and approved by the City Engineer prior to issuance of a grading permit. Submit 3 copies to the Engineering Division for Review. r) An easement and covenant shall be executed on behalf of the City to allow the City to enter and maintain any required landscaping in case of owner neglect. Upon request, the Real Property Section will prepare documents for execution by the property owner. The documents shall ensure that, if the property owner or subsequent owner(s) fail to properly maintain the landscaping, the City will be able to file appropriate liens against the property in order to accomplish the required landscape maintenance. A document- processing fee in the amount established by ordinance shall be paid to the Real Property Section to cover processing costs. The property owner, prior to plan approval, shall execute this easement and covenant unless otherwise allowed by the City Engineer. Applicable to Commercial, industrial and multi-family development only. 3. Utilities a) Design and construct all public utilities to serve the site in accordance with City Code, City Standards and requirements of the serving utility, including gas, electric, telephone, water, sewer and cable TV. b) This project is located in the sewer service area maintained by the City of San Bemardino 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. c) Utility services shall be placed underground and easements provided as required. :.:'i'\,\:<l\ :!-\(F'P(~ S\iliC R(;fh)rb::Ofl:-;:21)2()g'{Ti'(l7",~,L fiPA(}7-0) I'JOi\J'\V l Oi\'( :Uf' 'J7.,;,.j ;,;',,: {iP /\I!icrd in'-' .k, Project Construct 3.600 sa.ft. Multitenant Retail Building Case No. CUP 07-34 and GP Amendment No. 07-01 Page 5 of? d) A street cut permit, from the City Engineer, will be required for utility cuts into existing streets. e) Existing Utilities which interfere with new construction shall be relocated at the Developer's expense as directed by the City Engineer, except overhead lines, if required by provisions of the Development Code to be undergrounded. See Development Code Section 19.20.030 (non-subdivisions). 4. Street Improvement and Dedications a) 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 Right of Wav(ft.) Curb Line(ft) E Street 50 ft 32 ft 30th Street Existing Existing b) Construct 8" Curb and Gutter per City Standard No. 200 adjacent to the site. Widen pavement adjacent to the site to match new curb and gutter. Construct approach and departu re transitions for traffic safety and drainage as approved by the City Engineer. c) Construct sidewalk adjacent to the site in accordance with City Standard No. 202 Case "A" (6' wide adjacent to curb). d) If the existing sidewalk and/or curb & gutter adjacent to the site are in poor condition, the sidewalk and/or curb & gutter shall be removed and reconstructed to City Standards. Curb & Gutter shall conform to Standard No. 200, Type "8" and sidewalk shall conform to Standard No. 202, Case "A" (6' wide adjacent to curb), unless otherwise approved by the City Engineer. e) Construct Driveway Approaches per City Standard No. 204, Type II, including an accessible by-pass around the top of the drive approach. Remove existing driveway approaches that are not part of the approved plan and replace with full height curb & gutter and sidewalk. s: FL A!\.i'. :\\j' L'C\i,lif N.\:p"t'h'lCIl)0t2J~2J,~,('l.T(f7,:q, CIl'ACi'J.ot \.lOlJ'\\" ('()\C,{ if' (j7.'~:i (inti (:[' ,\:1iUd ' ",,( Project: Construct 3.600 so.ft. Multitenant Retail Building Case No. CUP 07-34 and GP ArnendmentNo. 07-01 Page 6 on 5. ReQuired EnQlneerinQ Plans a) A complete submittal for plan checking shall consist of street improvement, sewer, lighting, grading, on-site landscaping and irrigation, 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 improvement plans submitted for plan check shall be prepared on the City's standard 24" x 36" sheets. 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 compatible with AutoCAD 2000, and include a .DXF file of the project. Files shall be on a CD and shall be submitted at the same time the final mylar drawings are submitted for approval. f) Copies of the City's design policies and procedures and standard drawings are available at the Public Works Counter for the cost of reproduction. They are also available at no charge at the Public Works Web Site at htto://www.ci.san-bernardino.ca.us/site/ow/default.htm 6. ReQuired EngineerinQ Permits a) Grading permit. b) On-site improvements construction permit (except buildings - see Development Services-Building Division), including landscaping. c) Off-site improvement construction permit. 7. Applicable EnQineerlnQ Fees a) All plan check, permit, inspection, and impact fees are outlined on the Public Works Fee Schedule. A deposit in the amount of 100% of the estimated checking fee for each set of plans will be required at time of application for plan check. The amount of the fee is S:J'L\01NIl\ijep(; :--:!Mf Rt:pm!;'i'2IJil:{'J :;,U2Jll;\Cl:PIl7-34, {~Pi\07-0l UOY,!'\V l 'O;\-CUP 1')". <lillJ r;r'\n)(Td ,h. 2(ii(;:~ Project: Construct 3.600 sa.ft. Multitenant Retail Building Case No. CUP 07-34 and GP Amendment No. 07-01 Page 7 on subject to adjustment if the construction cost estimate varies more than 10% from the estimate submitted with the application for plan checking. b) The current fee schedule is available at the Public Works Counter and at http://www.cLsan-bernardino.ca.us/site/pw/default.htm c) Expeditious plan review is available. A non-refundable fee in the amount of 125% of the estimated plan check fee for each set of plans will be required at time of application for expedited plan check. The amount of the fee is subject to adjustment if the construction cost estimate varies more than 10% from the estimate submitted with the application for plan checking. Si'!.:\i<-;i'7\l,j'C swif Rcpnrf:i'::WUSj 2.l!J.J'RTl T07~\4, f li'A\I:-i) tF))-P\V C<L\.C{:P IP_:;.: drtd 1;l':\n;<Nl (:' ,":, City of San Bernardino STANDARD REQUIREMENTS Development Services/Plan Check Division ,. Property Address: DRC/CUP/DP: tVI'I1-1'1/ DAm IZ,l~Jdf' 6PA () 7*61 77e NOTE: NO PLANS WILL BE ACCEPTED FOR PLAN CHECK WITHOUT CONDITIONS OF APPROVAL IMPRINTED ON PLAN SHEETS. 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): . SITE PLAN (include address & assessors parcel number) . FOUNDATION PLAN . FLOOR PLAN (label use of all areas) . ELEVATIONS . ELECTRICAL, MECHANICAL & PLUMBING PLANS . DETAIL SHEETS (structural) . CROSS SECTION DETAILS . SHOW COMPLIANCE WITH TITLE 24/ACCESSIBILITY (disabled areas) . PLAN CHECK DEPOSIT FEE WILL BE REQUIRED UPON SUBMITTAL OF PLANS. CALL DEVELOPMENT SERVICES (PLAN CHECK) FOR AMOUNT. NUMBER TO CALL: (909) 384-5071 1. The title sheet of the plans must specify the occupancy classification, type of construction, if the building has sprinklers and the current applicable codes. 2. The person who prepares them must sign the plans. Also, provide the address and 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 and engineers design, provide 2 sets of stamped/wet signed calculations prepared by a licensed architect/engineer. 3u(j N, 'D' Strc:et San B~mardino. CA 92418 (909) 384~5fJ71 om!.:!.: (909) J84.5080 Fax 4. Providi! 2 sets of Title 24/Energy compliance forms and calculations. Some compliance forms are required to be printed on the plans. 5. Submit grading, site and/or landscape plans to Public Works/Engineering for plan check approval and permits. For more information, phone (909) 384-511 I. 6. Fire sprinlders plans, fire 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) 387-0214. 9. Occupancies that include restaurants, car washes, automotIve repair/auto body, dental 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 at (909) 396-2000. 1 I. State of California Business & Professions Code/Contractors License Law requires that permits can be Issned 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 and policy number. Owner-builders must provide proof of ownership. NOTE: PLAN CHECK TIME ON THESE TYPES OF PROJECTS IS APPROXIMA TEL Y 4-6 WEEKS FOR FIRST CORRECTIONS. EXPEDITIOUS REVIEW IS APPROXIMA TEL Y 10 WORKING DAYS. THE DEVELOPMENT REVIEW PROCESS IS NOT THE BUILDING PLAN CHECK AND DOES NOT IMPLY THAT THE DESIGN AS SUBMITTED WILL BE APPROVED WITHOUT CORRECTIONS. Comments: .'ion N 'f)' SIred Sail BcrnanJino, ('1\ 92418 (')0')) 31.;4-5071 Oftkc (l)()9) J84-50~O Fa;>;; \.30+1>. CITY OF SAN BERNARDINO FIRE DEPARTMENTCnl1 ,...... 67-01 STANDARD REQUIREMENTS Case: C"",;p 07-34 Date: Z-Z.I-ofi Reviewed By: Gr;;:-GI II /l C & 1/ GENERAL REQUIREMENTS: ! Provide one additional set of construction plans to BUilding and Safety for Fire Department use atUme of plan check. Contact the City of San Bernardino Fire Department at (909) 384-5585 lor specific detailed requirements. . The devefoper shall provide for adequate fire flow. Minimum fire flow requirements shall be based on square footage, construction {aalures, and exposure information supplied by the developer and !!lli!! be available Drlor to placing combustible materials on site. WATER PURVEYOR FOR FIRE PROTECTION: rg The fire protection water service tor the area of this project is providoo by: r::i' San Bernardino Municipal Water Department-Engineering (909) 384.5391 C:r East Valley Water District-Engineering (909) 888-8986 o Other Water pUlveyor. --~--~-_._-----_._.._-----_._._- Phone: PUBLIC FIRE PROTECTION FACILITIES: 1'5II1;u. Be! fJJ/'GPlfoeO /,:: A/&( CtJA1f't. '/ lAIc;, _ ~, Public fire hydrants are required along streets at intervals not to Oll:caed 300 feet for commercial and mulfi.residentfal areas and at intervals not to exceed f 500 feet for residential areas. IV Fire hydrant minimum flow rates of 1,500 gprn at a 20 psi minimum residual pressure are fBquired for commercial and multi-residential areas. Minimum fire '7' hydrant flow rates of 1,000 gpm at a 20 psi minimum residual pressure are required for residentia' areas. ~ Fire hydrant type and specific location shall be jointly determined by the City at San Bernardino 1-1re Department in conjunction with the water pUlveyor. Fire hydrant materials and installation shall conform to the standards and spec/ficationsot the water purveyor. Dc Public fire hydrants, fire services, and public water facUities necessary to meel Fire Depeutmentrequirements are the dQveloper's financial responsibility and shaJl be installed by the water purveyor or by the developer at the water pUIVsyor's disccstJon, Contact the water purveyor indicated above tor additional information. ACCESS: JJ . Provide two separate, dedicated routes of Ingress/egress to the property entrance. The routes shall be paved, all weather. ~ Provide an access road to aal~h 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 fee! of all portions of the exterior wall of all single story buildings. D Extend roadway to within 50 feet 01 the exterior wall of all multiple"story buildings. o Provide "NO PARKING" signs wnenever parking of vehicles would pOSSlblG reduce the clearance of access roadways to less than the required width. Signs are to read "F1RElANE-NO PARKING-1d.C. Sec. 15.16". o Dead-end streets shari not exceed 500 feel rr length end shall have a mtnim.Jm 40 foot tadills turnaround. o The names of any new streets (public or private) shall be submitted to the Fire Department tor approvaL SITE: o All access roads and stmets are to be constructed and usable prior 10 combustible constnJctlor'l. o Priva~e fire hydrants shall be inst<lH~ to protect each ~Ulldlng Io~ted more than 150 teet from the curb line. N~ fire hydrants should be within 40 feet of any extenor wall. The hydrants shall be \'Vat Barrel type, 'NIth ~'na 2~ meh and 4 Inch owlet, and appmved by the FIre Department. Areas adjacent to fire hydrants shall be desil}nated dS a .'NO PARKING~ wne by painting an 8 inch wiele, red stripe tOf is ~aet in Gach direction in front of the hydrant in such a manner that it will o\)t be blocked by parked vehicles. L.ottering to be in white 6" by ~f'. BUILDINGS: 'Vt Address numerals shall be installed on the building at the front or other appmved location in I?qch a, manner as 10 be visible trom the frontage street. Com. ~ mercial and mum family addross nurnemls ,~hilH be 5 inches fall, single famify address nUflv.yals shalf be 4 inches tal/, The color of the numerals shall con- . trast with the color of tho backqround. ~ Identify each gas and electric meter wilh th8 TiH'nflSr of the unit it serve~. Fire extinguishers must be installed plior to ltlO buildinJ !j<;'jjng occupied. nm minuntlln (,~Hil1g kr3n~. fira extinguisher IS 2A 10SlC. Minimum distribution of fire extinguishers must be such Hm! no interior ):;,1It uf tho buifding 's ever 75 feet travel dJS:d.iK::; t:om i:l fire extingUIsher. o Apartment hOl!$es with 16 or more units, hOl.,1ls (i):Ot('ilS) with 20 cr more units, or apartlfl-:;fVS Of 1'h)t~1S (mctI3Is) three stories or mOre in height shall be equipped with alJtomatic firt) sprink!et~ deciUP<1!d !c, NFPA stctndams, o All buildings, over 5,000 squalo feet, shall L~f\ 9quipped \'vilhJn JI...i1omatk: lira spr'nk0t svst,.,n (h~$igned ~o NFPA standards: This includes existing buildings vacant over 365 days. o SUbmit plans for the fire protectien :,y-;tGl". ~() t1>2 Fite [spamnent prior Ii) tYtginn'ng constn:cllon of the sY'$lem. Permit required. [] Tenant improvements in all spnnl<:.Iilfad ~)Ul!{,i"gs am to so apprcvoCl by ,he Fire Deoartmnnt, prior to Jtart of COtlstrucflcn. Permit required. [J Provide fire alarm (reqUIred tnroughoun. Pis','; rm:~I, be approved by :he F!J3 Capartment pnor 10 start of installation. Permit required. D Fire Department connection to spflnkler 3/S\Hfi-",ddndplp$ ')yGI0m, "hall be reqUired at Fire Department approved location. a Fire Code Pennr! required, apply at 2.(J1J iKISi ~1td st!~et, (009) 38<k'388 - Fire Sprlnkfer monItoring requJr,}(f. ;)13n5 rnvrt Le ?,npf(yj('1:l by lhe Fire Dapl..litment prior to tho start ot (;onsfru<:tion. Pennit required. 18 Gocllp6lltol.- Pfl.OVIO€': A f<tJ0;l 80)( I!3:N7Ry iSYsrEM. --- Note: The applicant must reqUI15!, P \vti::ng. any ct .myei; to Fit>} Oep8rtrnont f€'quimmuflts. ADDITIONAL INFORMATION; FPS1'O(0Cl-1l'l1 SAN BERNARDINO MUNICIPAL WATER DEPARTMENT STANDARD REQUIREMENTS DRCIERC Case: CONDITIONAL USE PERMIT NO. 07-34 & GENERAL PLAN AMENDMENT NO. 07-01 152-193-29 CC Pak2 llC Citicom Development request to change the General Plan land use designation of an existing parcel in the RS, to Commercial, with a request to construct a 3,600 sq ft multi-tenant retail building on approx 17,516 sq ft of land located on the NE corner ofE & 30th St NUMBER OF UNITS: 0 LOCATION: Northeast corner of E and 30th Streets WATER DEPARTMENT ENGINEERING: APN NUMBER: EPN NUMBER: REVIEW OF PLANS: OWNER: DEVELOPER: TYPE OF PROJECT: DATE COMPilED: 11912008 COMPilED BY: Brunson, Ted CONTACT: ledbetter, Steve PHONE NUMBER: (909) 384-7225 FAX NUMBER: (909) 384-5532 Note: All Water Services are Subject to the Rules Regulations of the Water Department &'I Size of Main Adjacent the Project 16" STEEL in "E" ST.; 12" Cl & WP ST. in 30TH Sf. ~ Approximate Water Pressure M..!W Elevation of Water Storage: 1416 Hydrant Flow @ 20psi: ~ Type, Size, Location and Distance to Nearest Fire Hydrant 016~104 o Water Supply Study Required ~ Pressure Regulator Required on Customer Side of the Meter o Offsite Water Facilities Required 0 Water Main Reimbursement Due o Area Not Served by San Bernardino Municipal Water Department D Network Hydraulic Analysis Required per Uniform Design Standards Comments: WATER QUALITY CONTROL CONTACT: Arrieta, Con PHONE NUMBER: (909) 384-5325 ~ R.P.P. Backflow Device Required at Service Connection for Domestic Service ~ Double Check Backflow Device Required at Service Connection for Fire and Irrigation ~ Backflow Device to be Inspected before Water Service can be Activated o No Backflow Device is required at this time SEWER CAPACITY INFORMATION CONTACT: Thomsen, Neil PHONE NUMBER: (909) 384-5093 FAX NUMBER: (909) 384-5592 Note: Proof of Payment Must be Submitted to the Building _Safety Department Prior to Issuance of the Building Permit o Sewer Capacity Fee Applicable at this time o Sewer Capacity Fee must be paid to the Water Department for Q Gallons Per Day: Equivalent Dwelling Units: Q ~ Subject to Recalculation of Fee prior to the Issuance of Building Permit o Breakdown Of Estimated Gauons Per Day FAX NUMBER: (909) 384-5928 COPY TO: Customer; Planning; Engineering Monday, November 24, 2008 EPM Page 1 of 1 < ""--1 ~ -L1 ~ I T-. V-"7 r f 8" GOtiCREfE B~.0Ci'\ '"...U..~~, GROUT ALL CE~L5 SOLiD :T;T7_r::r-/7/"'->'77;-:r;~~ / " ,/ / / -' ./ / / ~. / / / / / " -' '.,/ ' / '/ '/' // " . , ' " ,,/.. . /" / ' / /..,,,,, '" .- . . .' , /, / / .' ~/ / / /:~ ) 6" "'D. aU.l.iPER ./ i/Z",l\8 /~/' L 3= il ~t A L FLUSH WITH PAVEhiENT 121\ STEEL SLEE'VES IN CONC~ETf TO SECURE aATES t..... ...........12."STEEL SLEEVE IN e". 12.~'~ CONCRETE fOOTIN8 TO SECURE l3ATES (TYP.) PLAN VI EW :3...1S [ GATE FRAWE CHANNEL BAR CHANNEL 2.". l"ll. ~16" CROSS BRACING 1/2." DRAIN HOLES at lZ"O,C. STEEL 3".3"..: .1975 pas T I WELD CAP a. GRIND SWOOTH !j" l~" H, D. BUTT HINeE BY STANLEY :3 PER GATE, ',wELD TO POSTS ,Ii GATE FRAJIIlE: TYPE B-Z4 METAL DECK 20 GAUGE, PRI"ER COAT(D BY VERGO IIlfG', CO, TACK 'MELD AT TOP a BarTOW TO CHANNEL 01 IZ"O.C. NOTES DETAIL 'A' r-~-"--' ----....'-:---..--) ! MIN. DIMENSIONS i ,81N3 ~I,~E I s"!s' I 8~S] 4 CY. 8'-0'" 8'-8" 2-3 CY. 6'-8" 15'-0" 2- 4 CY S'-O' 15 -0" A -1 2-N048ARS f I I I , NO. 4 BAR ell 24" C,C. 4"11 6" WOo 8UIiIlPf.R _I lie" '.8. "r 32" a.c. (COLtlTERSVNK) :. o , '.. ." CC*C. SLAB ..../6...6 10/10 'II. W. F. (CONCRETE CLASS 520 ~ C - 2500) o I - NO.4 eAR at 4'.0" . '" FIN, GRADE NO. .. BAR CONT. 1_ ~-1 ," 16" I ~ ~4 SECTION A-A OATE$ " "<4' " /! y " '" :a II r- - - -\ - - - -, II '~ L_~_~'~~~_ _ ~ _____LU~ liZ"~ rJ GAL'W. STEEL '31/2" GALV. STfELt CANE BOLT. STANLEY H.D. HASP, STAHLEY NO CO IOC9 (z. REQ.) NO. sp. 917 FRONT ELEVATION I. ALL WOIN( SHAtL' BE 'DONE IN ACCORDANCE WITH THE STANDARO SPECIFI'CA'l'tONS FOR PU8L1C WORKS CONSTRUCTION, LATEST EDITION. 2 LOCATION SUBJECT TO THE APPROVED DEVELOPMENT PLANS. 3. WITHIN S' OF COMBUSTIBLE CONSTRUCTION, INSTALL A AUTOMATIC FIRE SPRINKLER AS APPROVED BY FIRE DEPT. 4 CONCRETE BLOCK WALLS TO BE COMPATIBLE WITH BUILDING EXTERIOR. S SPECI FI ED IY1ANUFACTURER'S SHOWN OR A PPROVED EO UAL . ;;'UY OF'SAI'iJ.1E.eUAfiDINO PUBLIC WORKS DEPT, REFUSE ENCLOSURE APPFWVED - S- - B 6 ~~ ~tI9~- DiREC OR OF PUBLIC WORKS / CITY ENGINEER srANOM,O PLMl 508 City of San Bernardino Public Services Department Standard Development Requirements 300 North D Street - 4th Floor San Bernardino, CA 92418 COMMERCIAL & INDUSTRIAL DEVELOPMENT Collection Services 1. The collection or transportation of refuse, recyclabie discards, or green waste from any commercial and industrial locations within the City shall be provided by the City of San Bernardino Public Services Department, unless otherwise franchised or permitted. [MC 9 8.24.140J 2. New accounts require a completed Service Application, with a full deposit and a copy of manuals for all compactor units, returned to the City of San Bernardino Refuse & Recycling Division prior to issuance of the final Certificate of Occupancy. , 3. Shared refuse and recycling services for multi-tenant commercial sites shall be billed to a single owner or property manager; leases shall include terms to accommodate sub-metered services. 4. All refuse containing garbage, such as food, vegetable. or animal wastes. shall be removed at least twice weekly, and all other solid wastes shall be removed at least once weekly. [SB County Health, Sanitation and Animal Regulations 9 33.0B3J 5. All commercial establishments generating 6 cubic yards or more of solid waste per week shall establish City, recycling services for maximum diversion within 30 days of opening business, or establish an alternative I diversion program to be identified in the IWM Survey for the project. : Automated Cart Service to Nonresidential Facilities 6. Nonresidential establishments such as small offices, shops, meeting halls, or churches, which generate 2 cubic 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. I Service Vehicle Access 7. Projects shall meet City Engineering requirements for commercial vehicle drive access along the main ingress to and egress from enclosures. These requirements shall not limit requirements for Fire vehicle access. B. Property without through access shall incorporate at least one of the following designs: . A cul_de-sac with a 40-foot turning radius for a 32-foot vehicle length . A hammerhead turn with a 40-footturning radius for a 32-foot vehicle length Gated Access 9. Gated properties that are locked and unmanned on service days anytime between the hours of 5 AM and 5 PM Monday through Saturday shall provide access code or key to Public Services. J Shared Collection Areas - Reciprocal Access 110. Front-load bin enclosures and roll-off compactor units may be shared across existing or proposed property, , lines if enclosures or equipment provide adequate capacity for anticipated refuse and recyclable matenals i L generation, AND if Reciprocal Access for shared collection areas is recorded with the property. I ----' Roll-off Compactor Units MD/PS6,27,2003 1-- ill. Sealed compactor units dedicated separately to refuse and recyclables may be required L facilities with an anticipated waste generation of 60 uncompacted cubic yards per week, ! to be installed at : ---I 12. Roll-off compactor units must be installed according to manufacturer's and City Engineering specifications with! the compactor hopper and roll-off box on a concrete slab with a minimum 3-foot continuously paved perimeter: for safe access. 13. Roll-off boxes at locations receiving City service must meet City rail and hook specifications per City I Engineering Standard 510. Boxes shall be designed with disposal end opposite hook-up; boxes with same-side design may be subject to a roll-back charge, ! 14. Compactor equipment shall be screened from view of public right-of-way by materials compatible with building I architecture and landscaping as specified by City of San Bernardino Development Code. [MC !i 19,20,030 (21 )] I 15. Location, orientation, and dimensions of enclosures, enclosure gates, pedestrian entry, compactor pads, and compactor screening, shall be shown on site plans and labeled that construction shall meet City Engineering Standards. MD/PS 6,27.2001 , , City of San Bernardino Public Services Department Standard Development Requirements Page 2 of 2 I Existing Bin Enclosures 16. Existing bin enclosures must have minimum inside dimensions of 7'9" x g' OR 15' x 4'5" to fit two 3CY bins. Existing enclosures must have block walls, inside bumper guards or curbing, and solid steel gates, OR enclosure(s) must be reconstructed to meet Engineering Standard 508 Enclosure may be relocated for best drive access and alignment, plans subject to Public Services approval. (Please note, if site will generate 2CY or less of solid waste per week, see Residential Collection options.) Front-load Bin Enclosures & Access 17. Minimum double-wide enclosures of 8 feet by 15 feet shall be required for all development to allow for dedicated recycling bins, except where potential waste generation or space is restricted. [Specifications adopted in accordance with Model Ordinance as required by CA PRC ~42911l . 18. Front-load compactor units must be contained in an enclosure large enough to hold the unit and one additional I bin facing lengthwise. 19. Front-load bin and compactor enclosures must be constructed according to City Engineering Standard SOB, Rear or side pedestrian entry shall be provided on enclosures for all multi-unit residential development. Pedestrian entry on free-standing enclosures shall have a 4-foot width, no gate or door, and an 'L' shaped block screen the , same height of the enclosure. 20. Pedestrian access from building exit to bin enclosure shall be a minimum 4 feet wide and continuously paved, without crossing curbs, steps, or driveways. 21. Enclosure pads shall be level to restrict bins from drifting and designed for proper drainage of surface water. 22. Enclosures must be at least 5' from combustible walls, eave lines, or openings. [98 CA Fire Code ~ 11 03.2.2J 23. Only refuse bins and the contents therein for disposal may be stored in refuse enclosures. All other equipment, fixtures, and materials such as electrical panels, circulation or exhaust ducts or vents, grease bins, or surplus supplies are strictly prohibited. 24. Enclosures shall be buffered with landscaping when viewable from public right-of-way, and vegetation shall not restrict gates or exceed height of enclosure. Include vegetation on landscape plans, 25. Enclosures shall be located with gates aligned for straight access for service vehicles. ! 26. Enclosures shall not obstruct drive aisles, driveways, loading zones, parking, handicap access, or viSibility of cross-traffic from drive aisles, alleys, or streets. Location shall not cause service vehicle to block access drives during while bins are being serviced. 27. Enclosure gates shall not open into drive aisies, parking spaces, or walkways. Enciosures placed adjacent to I parking shall be separated by a minimum 2-foot wide curbed area out to the farthest point of both gates, and designed to safely restrict gates from opening into parking spaces or landscaped areas.. 28. Location, orientation, and dimensions of enclosures, enclosure gates, and pedestrian entry, shall be shown on site plans and labeled that construction shall meet City Engineering Standards. Multi-unit Dwellings 29. Commercial requirements shall apply to all multi-unit dwellings over 8 units, uniess otherwise approved. MD/PS 6.27.2003 30. Disposal chutes incorporated into multi-story buildings must have dedicated chutes for refuse & commingled-'I recyclables. Both chutes shall be clearly and permanently labeled at each chute opening and exit. [Specifications I adopted in accordance with Model Ordinance as required by CA PRC 942911 ] MD/PS 6.27.2003 1 2 3 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 07-01 TO THE GENERAL PLAN OF THE 4 CITY OF SAN BERNARDINO TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM RS, RESIDENTIAL SUBURBAN, TO CG-1, 5 COMMERCIAL GENERAL, AND APPROVING CONDITIONAL USE PERMIT 6 NO. 07-34 TO PERMIT CONSTRUCTION OF A MULTI-TENANT RETAIL BUILDING ON A 17,516 SQUARE FOOT PARCEL LOCATED AT THE 7 NORTHEAST CORNER OF 30TH AND "E" STREETS. RESOLUTION NO. 8 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 9 CITY OF SAN BERNARDINO AS FOLLOWS: 10 SECTION I. RECITALS 11 (a) WHEREAS, the Mayor and Common Council of the City of San Bernardino 12 13 ("City") adopted the General Plan for the City by Resolution No. 2005-362 on November 14 1,2005;and 15 (b) WHEREAS, Citicom Development made application for General Plan 16 Amendment (GPA) No. 07-01 together with the associated application, Conditional Use 17 Pennit (CUP) No. 07-34; and 18 19 (c) WHEREAS, the Development and Environmental Review Committee 21 recommended that the project be considered exempt from the California Environmental 22 Quality Act (CEQA) pursuant to Section 15302 of the State CEQA Guidelines, as a 23 replacement or reconstruction project; and 24 (d) WHEREAS, the Planning Commission held a noticed public hearing on 25 December 2. 2008 to receive public testimony and written and oral comments on GPA 26 No. 07-01 and CUP No. 07-34, including consideration of the analysis and proposed 27 Findings in the Planning Division Staff Report; and 28 1 ;)-~-()c; -#-,:)'? 1 2 3 4 (e) WHEREAS, the Planning Commission recommended that the Mayor and Common Council approve GPA No. 07-01 and CUP No. 07-34; and (f) WHEREAS, the Mayor and Common Council conducted a noticed public 5 hearing on February 2, 2009, and fully reviewed and considered the Planning Division 6 staff report and the recommendation of the Planning Commission; and 7 8 9 (g) WHEREAS, the adoption of General Plan Amendment No. 07-01 is deemed in the interest of the orderly development of the City and is consistent with the goals, 10 objectives and policies of the existing General Plan; 11 SECTION n. CEOA EXEMPTION 12 NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED by the 13 Mayor and Common Council that the proposed amendment to the General Plan of the 14 City of San Bernardino, together with the proposed development of the subject site, 15 comprising the Project, is exempt from the California Environmental Quality Act, 16 pursuant to Section 15302 of the State CEQA Guidelines. 17 18 SECTION III. GENERAL PLAN AMENDMENT FINDINGS 19 BE IT FURTHER RESOLVED that based on substantial evidence in the record, 20 the Mayor and Common Council of the City of San Bernardino hereby find: 21 A. The proposed General Plan Amendment (GPA) No. 07-01 is internally 22 consistent with the General Plan, because it will permit continuation of the historic use of 23 24 25 26 the subject site, consistent with the following General Plan goal and policy: Goal 2.2 Promote development that integrates with and minimizes impacts on surrounding land uses. 27 Policy 2.2.2 Require new uses to provide mitigation or buffers between existing 28 uses where potential adverse impacts could occur, including, as 2 1 2 3 4 appropriate, decorative walls, landscape setbacks, restricted vehicular access, enclosure of parking structures to prevent sound transmission, and control of lighting and ambient illumination. 5 The project site IS configured in a manner that will allow commercial uses oriented 6 toward 30th and "E" Streets to be integrated with other commercial uses on these arterial 7 streets. while minimizing potential impacts on surrounding residential land uses with 8 standard buffering requirements for commercial development. as noted in Policy 2.2.2. 9 10 B. The proposed amendment would not be detrimental to the public interest, 11 health. safety, convenience, or welfare of the City in that the proposed amendment would 12 not result in a change in land use and any commercial development on the site will be 13 required to comply with applicable provisions of the Development Code and California 14 Building Code, which ensure public health and safety. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 c. The proposed amendment would maintain the appropriate balance of land uses within the City. The subject site has been utilized as a commercial property since 1968. and although the General Plan land use designation was changed to residential, the actual land use did not change. The proposed amendment would maintain the existing long-standing balance of land uses within the City. D. Being a case of a proposed amendment to the General Plan land use map, the subject parcel 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 and the anticipated land use development. The subject site has frontage on two arterial streets that provide excellent access for commercial development, as well as all required utilities and public services. The associated development proposal, CUP No. 07-34 demonstrates physical suitability of the site. , .) uses where potential adverse impacts could occur, including, as appropriate, decorative walls, landscape setbacks, restricted 4 1 2 3 vehicular access, enclosure of parking structures to prevent sound transmission, and control of lighting and ambient illumination. 4 The Project, as proposed, would be attractive, safe and compatible with surrounding land 5 uses, consistent with the General Plan 6 C. The approval of Conditional Use Permit (CUP) No. 07-34 to permit construction 7 8 of a 3,600 square foot multi-tenant retail center on the subject site, formerly developed as a gasoline service station, is exempt from the California Environmental Quality Act 9 10 pursuant to Section 15302 of the State CEQA Guidelines. The project would be a 11 replacement of the prior commercial use of the site, and would not impact or be affected 12 by any of the environmental resources and constraints specified in Section 19.20.030(6) 13 of the Development Code. 14 D. There will be no potentially significant negative impacts upon environmental 15 quality and natural resources that could not be properly mitigated and monitored. The 16 17 potential impacts of the project and conditions of the subject site were considered by the 18 Development and Environmental Review Committee in its evaluation of the project for 19 compliance with Section 19.20.030(6) of the Development Code, and in its 20 recommendation of a finding of exemption from the California Environmental Quality 21 Act pursuant to Section 15302 of the State CEQA Guidelines. 22 23 E. The location, size, design, and operating characteristics of the proposed use are 24 compatible with the existing and future land uses within the general area in which the 25 proposed use is to be located and will not create signIficant nOIse, traffic or other 26 conditions or situations that may be objectionable or detrimental to other permitted uses 27 in the vicinity or adverse to the public interest, health, safety, convenience, or welfare of 28 the City. The project site has functioned for many years as a commercial property, 5 1 oriented toward the intersection of 30th and "E" Streets, facing away from surrounding 2 3 residential properties. Future commercial uses on the project site, established in 4 compliance with Development Code standards and the site-specific conditions of 5 approval proposed for CUP No. 07-34, would not have objectionable or detrimental 6 effects on other permitted uses in the vicinity, nor on health, safety, convenience or 7 8 9 10 being proposed. The site contains ample area for the proposed development, including the 11 3,600 square foot building and associated parking and landscaping. No physical 12 conditions of the site would preclude development as proposed by CUP No. 07-34. welfare of the public. F. The subject site is physically suitable for the type and density/intensity of use 13 G. There are adequate provisions for public access, water, sanitation, and public 14 utilities and services to ensure that the proposed use would not be detrimental to public 15 health and safety. The subject site is located adjacent to existing City streets with a full 16 range of utilities and sanitary services. Applicable development standards will ensure that 17 18 the proposed project will not be detrimental to public health and safety. 19 SECTION V. GENERAL PLAN AMENDMENT 20 BE IT FURTHER RESOLVED by the Mayor and Common Council that the Land 21 22 23 24 "E" Streets. This amendment is designated as General Plan Amendment No. 07-01 and 25 26 its location is outlined on the map entitled Exhibit I, attached and incorporated herein by 27 reference. Use Plan of the General Plan of the City of San Bernardino is amended by changing the land use designation from RS, Residential Suburban, to CG-I, Commercial General, for the parcel of approximately 17,516 square feet, located at the northeast corner of 30th and 28 6 1 2 SECTIONVl. MAPNOTATION 3 BE IT FURTHER RESOLVED by the Mayor and Common Council that this 4 Resolution and the amendment effected by it shall be noted on such appropriate General 5 Plan maps as having been previously adopted and approved by the Mayor and Common 6 Council and which are on file in the office of the City Clerk. 7 SECTION VII. CONDITIONAL USE PERMIT (CUP) NO. 07-34 APPROVAL 8 BE IT FURTHER RESOLVED by the Mayor and Common Council that CUP 9 10 No. 07-34 is hereby approved based on the Findings of Fact contained in SECTION IV 11 and subject to the Conditions of Approval and Standard Requirements as recommended 12 by the Planning Commission on December 2, 2008. 13 SECTION VIII. NOTICE OF EXEMPTION 14 15 16 Board of Supervisors of the County of San Bernardino, certifying the City's compliance 17 18 with California Environmental Quality Act in making the determination of exemption 19 from CEQA. 20 SECTION IX. EFFECTIVE DATE 21 22 23 24 25 26 27 28 BE IT FURTHER RESOLVED by the Mayor and Common Council that the Planning Division is hereby directed to file a Notice of Exemption with the Clerk of the BE IT FURTHER RESOLVED by the Mayor and Common Council that the adoption of General Plan Amendment No. 07-01 and approval of Conditional Use Permit No. 07-34 shall be effective thirty days following adoption of this Resolution. III III III 7 1 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING 2 GENERAL PLAN AMENDMENT NO. 07-01 TO THE GENERAL PLAN OF THE 3 CITY OF SAN BERNARDINO TO CHANGE THE GENERAL PLAN LAND USE DESIGl'iATION FROM RS, RESIDENTIAL SUBURBA."I, TO CG-l, 4 COMMERCIAL GENERAL, AND APPROVING CONDITIONAL USE PERMIT NO. 07-34 TO PERMIT CONSTRUCTION OF A MULTI-TENANT RETAIL 5 BUILDING ON A 17,516 SQUARE FOOT PARCEL LOCATED AT THE NORTHEAST CORNER OF 30TH AND "E" STREETS. 6 7 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the 8 Mayor and Common Council of the City of San Bernardino at a meeting , 2009, by the following vote, to wit: ABSTAIN ABSENT NAYS RACHEL G. CLARK, City Clerk day of ,2009. 23 24 25 Approved as to form: PATRICK J. MORRIS, Mayor City of San Bernardino 26 JAMES F PENMAN 27 City Attorney 28 .A-.. 8 Exhibit 1 CITY OF SAN BERNARDINO PRO.JECT: General Plan Amendment No. 07-01 RS to CG-1 u NORTH' HEARING DATE: 0210212009 ill bffi 0 _UO DIJ UlJ l::::1= ,. o ., I I I I-- .....~ <( , uJ .., :;: u . :J:-- 1 ... <( -- ~ :- u '-' <( ,'" I "' I <t I ':l 1ST J- I !-- ==Ri ~ .- " - -'-~ - ----":::: " '-c}1)' "' - L== -- IT ---- -- // // -...._, ,/ 30' ~m~ ,,- ~ ~~ ~ H .W f--~ '-- II I I u.r l I ~. I I I --' I 6 ~~ 1] I <t , RS_ u..J - " =; ~ -- 1-0 - ~ et"' Map is for Illustrative Purposes Only, - I , d.....,;.:", ,;':'>.0.'" ,",'0"('"'' .'" <t I I