Loading...
HomeMy WebLinkAbout06.C- Community Development RESOLUTION (ID# 1861) DOC ID: 1861 E CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Public Hearing From: Margo Wheeler M/CC Meeting Date: 06/18/2012 Prepared by: Aron Liang, (909) 384-5057 Dept: Community Development Ward(s): 1 Subject: A Resolution of the Mayor and Common Council of the City of San Berardino Adopting General Plan Amendment No. 11-06 to Change the Land Use Designation of Approximately 22,500 Square Feet from Residential Suburban (RS) to Commercial Heavy (CH); Approving Tentative Parcel Map No. 19364 (Subdivision No. 11-06) to Merge Five Parcels into One, 1.53- Acre Parcel and Conditional Use Permit No. 12-07 to Construct a 12,480-Square Foot Commercial Retail Building Located at the Southeast Comer of Baseline and Myrtle Streets; and Adopting the Mitigated Negative Declaration and the Mitigation Monitoring/Reporting Program for the Project. Financial Impact: The approval of this General Plan Amendment will benefit the City through increased property tax receipts to the General Fund,which funds vital services to the community such as Police and Fire services. �r Mayor to open the hearing.. . Motion: Close the hearing and adopt the resolution to: Adopt the Mitigated Negative Declaration and Mitigation Monitoring/Reporting Program (Attachment 4), and approve General Plan Amendment No. I1-06, Tentative Parcel Map No. 19364 (Subdivision No. 11-06) and Conditional Use Permit No. 12-07, based on the Findings of Fact contained in the staff report and subject to the amended Conditions of Approval (Exhibit B). Svnopsis of Previous Council Action: None Background: APPLICANT: OWNER: Dynamic Development Company,LLC Leo E. Fresquez Trust c/o: Tim Saivar c/o: Darryl Millet { Updated:6/14/2012 by Tony Stewart E s.c Ilj 1861 1725 21s' Street 4300 Carlisle Boulevard, Ste. 5 Santa Monica,CA 90404 Albuquerque,NM 87107 Tsaivar@dynamicdevco.com On May 23, 2012, the Planning Commission recommended that Mayor and Common Council approve General Plan Amendment No. 11-06,Tentative Parcel Map No. 19325 (Subdivision No. 11-01) and Conditional Use Permit No. 12-07, to change the land use district designation of approximately 22,500 square feet from Residential Suburban (RS) to Commercial Heavy (CH) and to merge five parcels into one parcel. The proposal includes a Conditional Use Permit to construct a 12,480-square foot commercial retail building, located at the southeast corer of Baseline Street and Myrtle Streets(Location Map-Attachment 1). The applicant requests that the Mayor and Common Council approve General Plan Amendment No. 11-06,Tentative Parcel Map No. 19325 (Subdivision No. 11-06) and Conditional Use Permit No. 12-07 as recommended by the Planning Commission at their meeting of May 23, 2012. The Planning Commission voted unanimously in favor of the proposed amendment and the proposed project. The applicant proposes to develop the subject site to accommodate a 12,480-square foot single tenant commercial building, with related on-site improvements to include landscaping, parking, loading, handicap accessibility, and a refuse enclosure on approximately 1.5 acres. The subject site has historically been used for commercial uses. The proposed project will provide employment opportunities for local residents and will improve the project site appearance with contemporary architectural design that complies with the commercial architecture design guidelines in Chapter G19.06 (9)of the Development Code. RECOMMENDATION That the hearing be closed and the Resolution be adopted,which: Adopts the Mitigated Negative Declaration and Mitigation Monitoring/Reporting Program(Attachment 4), and Updated:6/14/2012 by Tony Stewart E Packet Pg. 201 1861 Approves General Plan Amendment No. 11-06, Tentative Parcel Map No. 19364 © (Subdivision No. 11-06) and Conditional Use Permit No. 12-07 based on the Findings of Fact contained in the Staff Report to the Planning Commission and subject to the amended Conditions of Approval,Exhibit B. ATTACHMENTS: 1. Location Map 2. Planning Commission Staff Report dated May 23,2012 3. Planning Commission Minutes dated May 23, 2012 4. Mitigation Monitoring and Reporting Program 5. Letter from Francis Bernal, dated June 9, 2012 Resolution Exhibit A- Land Use Map Exhibit B -Conditions of Approval,Amended City Attorney Review: .Supportine Documents: Attachment 1 - Location Map(DOCX) Attachment 2- PC staff report 5.23.12 (PDF) Attachment 3 -05.23.12 PC mtg. Minutes (DOC) Reso Exhibit a-Land Use Map (DOCX) Exhibit B -Conditions of Approval amended (DOC) reso 1861 (PDF) Attachment 4-MMRP (PDF) Attachment 5 - Letter from Francis Bernal Dated June 9,2012 (PDF) Updated:6/14/2012 by Tony Stewart E 6.C.a ATTACHMENT 1 — LOCATIONIZONING MAP CITY OF SAN BERNARDINO PLANNING DIVISION PROJECT: GPA11-06 1 TPM 19364 If CUP12-07 HEARING DATE: 611812012 NORTH QPF RSC U CH BASELINE STREET L---- PROJECT SITE CH T M I Q g P .z. i Y B E p R O E � T ` T V L B -, A A E E _ N N T O s � O E tM RM _ IL s `T A I a SF y y I �I Packet Pg. 203 PLANNING COMMISSION STAFF REPORT CITY OF SAN BERNARDINO PLANNING DIVISION CASE: General Plan Amendment No. 11-06,Tentative Parcel Map No. 19364 (Subdivision No. 11-06)and Conditional Use Permit No. 12-07 A AGENDAITEM: 2 ° HEARING DATE: May 23,2012 " a WARD: 7 U e APPLICANT: OWNER: m Dynamic Development Company, LLC Leo E. Presquez'fmst c/o:7'im Saivar c/o: Darryl Millet 1725 21" Street 4300 Carlisle Boulevard, Ste. 5 0 Santa Monica,CA 90404 Albuquerque,NM 87107 ° Tsaivar@dynamicdevco.com o c� REQUEST/LOCATION: A request to amend the land use district of approximately 22,500 square feet from Residential Suburban (RS)to Commercial Heavy (CH), and merge five parcels ® into one parcel, and construct a 12,480-square foot commercial retail building, located at the southeast comer of Baseline Street and Myrtle Streets (Refer to Attachment A). t Assessor Parcel Numbers: 0147-182-01, 02, 03 and 0147-182-29 and 30 $ d CONSTRAINTS/OVERLAYS: N U None a N C ENVIRONMENTAL FINDINGS: d ❑ No Significant Effects ❑ Exempt from CEQA- m 0 Potential Effects, Mitigation Measures and Mitigation Monitoring/Reporting Plan ❑ Environmental Impact Report E L STAFF RECOMMENDATION: u a Conditions a El Approval ❑ Denial: ❑ Continuance to: Packet Pg. 204 GPA11-06, TPh119364, CUP12-07 PC Mewing Date: 5-23-12 Page 2 PROJECT DESCRIPTION The applicant requests approval of the following: General Plan Amendment (GPA) No. 11-06 under the authority of Development Code § 19.50.030 to change the land use designation of approximately 22,500 square feet from Residential Suburban(RS)to Commercial I leavy(CH); i Tentative Parcel No. 19364 (Subdivision No. 11-06) under the authority of Development Code § N 19.60.030 to consolidate five parcels into one parcel; and U Conditional Use Permit No. 12-07 under the authority of Development Code § 19.36.050 to ! construct a 12,480-square foot commercial retail building, located at the southeast corner of m Baseline and Myrtle Streets. o The proposal involves constructing a commercial retail building to accommodate a general o merchandise retail store (Attachment B). Three entrances are proposed to provide convenient access to the site; one on Baseline Street and the others on Myrtle and Bobbin Streets. The o 1 entrance on Baseline Street will be restricted to right-in/right-out only. 1 m a SF,TTINGlSITE CHARACTERISTICS _ N ® The project site consists of five individual parcels totaling 1.53 acres and is partially occupied by an existing tire shop business which will be demolished to accommodate the proposed 12,450- ; square foot commercial retail building. o a u Table 1: SITE AND SURROUNDING LAND USES m LOCATION LAND USE GENERAL PLAN a N G Subject Site Commercial and vacant lot CH and RS m E r u North Commercial Cli South Residential RS E East Commercial CH West Commercial CH ^•.acket Pg.20 GPA11-06. TPM19364. CUP12-07 PC Meeting Dale: 5-23-12 Page 3 PROJECT HISTORY/BACKGROUND • March 22, 1957—permits issued fora liquor store at 819 E. Baseline Street. • April 4, 1967 —Certificate of occupancy issued for an auto repair shop at 803 E. Baseline Street. • February 2,2000— Leo E. Fresquez'frust acquired the subject property. • June 8, 2011 — Pre-application 11-09 was submitted for review of the proposed project. o • December 28, 2011 — Formal application GPA 11-06 /TpM 19364 / CUP 12-07 w applications was submitted. 3 • March 26, 2012 — the applicant submitted a revised Initial Study/Mitigated Negative Declaration(MND). • April 5, 2012 - The Development/Environmental Review Committee (D/ERC) reviewed the application and recommended that the project's Mitigated Negative a Declaration (MND) be released for public review and that the project be moved on to the Planning Commission for consideration. • April 12, 2012 - MND circulated for 20-day public review. o • May 10, 2012 - The legal ad for the proposed project was published on May 11, c9 2012, and the official notices were placed in the mail on May 10, 2012. 1•he official notices included tenants and property owners within the 500-radius map date stamped May 8,2012. ANALYSIS M r 1'he applicant proposes to develop the subject site to accommodate a 12,480-square foot single °o tenant commercial building, with related on-site improvements to include landscaping, parking, d loading, handicap accessibility, and refuse enclosure on approximately 1.5 acres. The subject site has historically been used for commercial uses. The proposed project will provide employment " i opportunities for local residents and will improve the appearance the project site with a contemporary architectural design that complies with the commercial architecture design w j guidelines in Chapter G19.06 (9)of the Development Code. The following site design discussion d I illustrates compatibility of the project with the surrounding neighborhood, E m ParkingQ I The site plan has been designed to provide parking spaces- at a parking to building square footage ratio of 1 standard size stall per 250 square feet of gross floor area. This will allow the proposed m building to be occupied by a wide variety of retail commercial uses, including general r merchandise stores. Section 19.24.040 of the Development Code requires a minimum of 50 parking spaces for this project, and the proposed site plan meets that standard with 50 stalls. j Architecture 1 The proposed building has been designed with a contemporary architectural style, and fagades will be articulated on all sides through the use of stucco in neutral shades of beige. Roofline treatment will be foam cornice with stucco finish to match the elevations. Storefronts will be decorative and articulated with eyebrow, mullion framing, tempered glass and trellises. ^ Additional architectural features proposed for the building include decorative lines, projections 1 I i j 1 GPAII-06. TAW19364, CUPI2-07 PC Meeliag Dale. 5-23-12 Page J © and columns. The proposed neutral beige on the building will provide an enhancement to the area. Landscapine The proposed landscaping of 15% (8,950 square feet) on site meets the Development Code requirements pursuant to Chapter 19.28, Landscaping Standards. The site will provide twelve Carrot Wood trees in 36• box size and nine Jacaranda trees in 24"box size. n 0 tens N No signage has been proposed for the project at this time. A sign permit will he required in the a Conditions of Approval. The sign application will ensure sign consistency with Development tj Code Chapter 19.22, Sign Regulations. M m Ooeratina Characteristics E The howl of operation for the proposed project are expected to be regular business howl from F 8:00 a.m. to 9:00 p.m., seven days per week. o The project site provides adequate space for required parking and on-site circulation and a complies with the CFI land use regulations and development standards of the Development Code, �? as indicated in the following Table 2: TABLE 2: PROJECT COMPLIANCE WITH DEVELOPMENT STANDARDS N N STANDARD DEVELOPMENT CODE PROPOSAL : a v ttz Building Coverage 50%maximum 19% N V a Parking 50 stalls 50 stalls N c IS%of parking area 15'%, (8,950 square feel) £ Landscaping I (8,950 square feet) (19 trees) t U 19 trees) Front: 10 feet Front: 15 feet a Setbacks Street Side: 10 feet Street Side: 10 feel Rear: 10 feet Rear: 10 feet E u Building Height 45 feet 24 I'cet a Additionally,the proposed parcel created by Tentative Parcel Map No. 19364 will meet the lot size, lot coverage,and access requirements of the CH land use district, and will be consistent with Development Standards, as shown in Table 3. Packet Pg 207 GP.411-06, 7PA119364,.C'UP12-07 PC Meeting Date: 5-23-12 Page 5 ® TABLE 3: GENERAL PLAN AND DEVELOPMENT CODE CONSISTENCY CATEGORY I PROPOSAL DEVELOPMENT CODE GENERAL PLAN Permitted Parcel Map Subdivision Consistent Consistent Use Lot Area 66,934 square feet 10,000 sq. ft. minimum N/A (1.53 acres) o N Lot Coverage 75%(maximum) 19% N/A U v 2 Standard Means: rn Access Baseline Street and 2 Standard Means N/A E Myrtle/Bobbin Streets m a CALIFORNIA ENVIRONMENTAL QUALITY ACT(CEOA) c? The project is subject to the California Environmental Quality Act (CEQA). An Initial Study (available on the City's web site at www.sbeitv.ora — see "How do I..." and "Locate..." and N ® click Planning Documents) was prepared by Terra Nova Planning and Research and circulated N for a 20-day public review period from April 13, 2012, to May 3, 2012, pursuant to the provisions of CEQA. No comments were received. The Final Initial Study proposes a Mitigated o Negative Declaration, including Mitigation Measures detailed in the Mitigation d Monitoring/Reporting Program (Attachment D). M U FINDINGS OF FACT—GENERAL PLAN AMENDMENT a N I. The proposed amendment is internally consistent with the General Plait. E L The proposed amendment to change the land use designation of approximately 22,500 square feet from RS to CII is needed to accommodate the proposed single tenant 12,480-square foot commercial retail building. The proposed development has been designed to meet Development Code requirements and is consistent with development standards for a CH district ter building E height, parking, landscaping and setbacks, as described in Table 2 above. The change in designations is consistent with the land use pattern occurring in this part of the City in that the ° shallowness of the portion of the site fronting Baseline Street designated CH is currently C impractical for development, and requires the proposed amendment to allow sufficient depth for development, compatible with commercial properties to the north, east and west in the CH land use district. The proposed amendment will not result in the loss of significant amounts of residential land,and will be consistent with the development patterns along Baseline Street. Further, the project will be consistent with the following General Plan policies: PacketPg:208 I GPAII-06, 7PM19364,CUP12-07 PC Meeting Dare:5-23-12 Page 6 Policy 4.1.1 states: "Proactively seek out and retain businesses that create jobs and generate sales tax revenue". The site plan has been designed to provide adequate on-site circulation, lighting parking and landscaping and would provide a new general merchandise retail store that will provide employment opportunities for local residents. Policy 5.5.1 states: "Requires new and in-fill development to be of compatible scale and massing as existing development yet allow the flexibility to accommodate unique architecture,colors, and materials in individual projects". The proposed project will allow efficient use of the site and o provide re-use of a commercial property. The proposed one-story retail commercial building will N be consistent with the surrounding one-story commercial building theme on Baseline Street. The proposed neutral beige on the building will improve the appearance of the project site and will v provide an enhancement to the area. m 2. The proposed amendment would not be detrimental to the public interest, health, safety, a convenience, al'we faire al the Citv. ~ 0 The proposed amendment does not cause changes that would be detrimental to the public interest, health, safety, convenience, or welfare of the City. The amendment from RS to CH for o 22,500 square feet would facilitate and accommodate the development of a commercial retail store on a commercial property. 3. The proposed amendment maintains the appropriate balance of land uses within the City. The proposed land use designation of CH district would affect three vacant parcels (22,500 square feet), which is currently designated RS. The proposed amendment maintains an a appropriate balance of land uses by providing for re-use of an existing commercial property. The d proposed amendment will not change the balance of land uses in the City. 4. The subject parcel is physically suitable (including, but not limited to, access, provision of a utilities, compatibility with adjoining land uses, and absence of plrysieal constraints) for the N requested land use designation and anticipated land use development. m E The project site consists of five individual parcels that are proposed to be consolidated into one, 1.5-acre parcel. The proposed 1.5-acre parcel would physically be suitable for commercial z development and would enhance the immediate surrounding residential areas with a commercial a development opportunity that will provide the necessary daily commercial goods and services required by the residents in the immediate area. The proposed amendment area is bounded by E developed, dedicated streets and existing infrastructure suitable for commercial development. All R required utilities and public services could adequately serve the site. a GPAII-06, 77'.b719364. CUP12-07 PC bleeting Date:5-23-12 Page 7 FINDINGS OF FACT—TENTATIVE PARCEL MAP 1. The proposed subdivision is consistent with the General Plan anti the Development Code. The proposed parcel map is consistent with the General Plan and Development Code. The four existing parcels will be consolidated into one large parcel that will meet the requirements in the Development Code as listed in Table 3 above. n 2. The design of the proposed subdivision is consistent with the General Plan. °y a The proposed parcel map is consistent with applicable Development Code standards and General v Plan Goal 2.2, which promotes development that integrates with and minimizes impacts on M surrounding land uses. As noted in GPA Finding 1, above,the proposed project is surrounded by compatible commercial development to the north, cast and west in the CH land use district. E 3. The site is physically suitable Jor the proposed type of development. 4 As discussed in Table 2 above, the proposed map conforms to the Development Code subdivision design standards for minimum lot area, lot standards and access. The proposed 1.53- acre lot will have sufficient buildable area and will have access to dedicated public roads. Connecting to the existing infrastructure in the vicinity will provide water, sewer, and utility Z. services adequate to serve the facility, as proposed. © 4. The site is physically suitable for the proposed density q/'deve(optnent. 0 0 The 1.53-acre site is physically suitable for construction of a 12,480-square foot general v merchandise retail building in that it is flat, rectangular, devoid of any natural features that would °t: impact development, and provides adequate access, parking, and landscaping as discussed in Table 2. The consolidation of land is consistent with the Subdivision Map Act, the General Plan, a the Development Code, and as discussed in GPA Finding 1, above, the proposed parcel will be N compatible with the surrounding commercial development. d E 5. The design of the subdivision is not likely to cause substantial environmental damage, or substantially and unavoidably injure fish gf wildlife or their habitat. .2 Q The design of the subdivision will not have any significant negative impacts to wildlife or their habitat. The project site is an existing developed commercial site and surrounded by urban E development. No significant negative impacts on the environment are anticipated to result from re-use of the existing commercial project site. 6. The design of the subdivision is not likely to cause serious public health problems. The design of the proposed subdivision meets all of the applicable Development Code requirements and is unlikely to result in any serious public health problems. The proposed parcel will have access to existing public streets. Existing utilities and public services are available to serve the project site and ensure the maintenance of public health and sallety. r Packet" �.2t0`. 6.C.b GPA11-06, 7TM19364. CUP12-07 PC Meeting Date: 5-23-12 Page 8 © 7. The design of the subdivision and related improvements will not conflict with any easements. acquired by the public at large,for access through or use ofproperty within the proposed subdivision. The design of the subdivision will not conflict with any public or private easements. All documentation relating to easements and dedications will be reviewed and approved by the City Engineer prior to recordation of the Final Map. Existing easements will be reserved in place or relocated, as necessary. C N FINDINGS OF FACT—CONDITIONAL USE PERMIT a L) U 1. The proposed development is conditionally permitted in the subject zoning district and complies with all applicable provisions of the Development Code, including prescribed site rn development standards and any/all applicable design batidelines. a The proposed project is conditionally permitted under the CH land use classification, and the c proposed project and its proposed on-site infrastructure improvements related to vehicular access and circulation, water supply, drainage and wastewater conveyance will improve the appearance of the project site and will be compatible with existing development in the vicinity. The project .. complies with all applicable provisions of the Development Code, as illustrated in the stalt' report. Therefore, the proposal would not impair the integrity and character of the subject land use district. N 2. The proposed development is consistent with the General Plan. N C 0 The proposal is consistent with several General Plan goals and policies. The Land Use Element m (Table LU-2)lists the intended uses for the CG-1 land use district, and permits a variety of retail, service, and related uses. Land Use Policy 2.2.1 requires compatibility between land uses and y quality design. Economic Development Policy 4.1.1 seeks out businesses that create jobs and a generate sales lax revenue. Policy 4.4.1 provides for the necessary infrastructure to enable businesses to operate successfully and direct new businesses to areas that can adequately serve N c new uses. E L The proposed project will expand job opportunities and commercial service opportunities within z the City. As discussed in GPA Finding 1, above, the proposed project has been designed with unifying architectural design elements and will be compatible with other commercial buildings proximity to the project site, E L U 3. Approval of the Conditional Use Pcrmit for the proposed development is in compliance with the requirements of the California E'nvironinental Quality Act and Section 19.20.030(6) of the Development Code. Approval of CUP No. 12-07 is in compliance with the requirements of the California Environmental Quality Act (CEQA) and Development Code Section 19.20.030 (6) pertaining to environmental resources and constraints. Approval of the proposed project would not result in any impacts on the environment that could not be mitigated to less than significant levels. GPAll-06 TPM19364. CUP12-07 { PC Meeting Dater 5-13-12 /'age 9 Potentially significant impacts identified in the Draft Mitigated Negative Declaration will be less than significant with implementation of the proposed mitigation measures in the Mitigation Monitoring/Reporting Program in Attachment D. 4. There will be no potential significant negative impacts upon environmental quality and natured resources that could not be properly mitigated and monitored. As noted in CUP Finding No. 3, the proposed project complies with CEQA and Development c Code requirements related to environmental review and protection of sensitive natural resources. N Evidence and analysis in the Draft Mitigated Negative Declaration demonstrates that all potentially significant environmental impacts of the project will be mitigated to less than v significant levels by implementation of the recommended mitigation measures in Attachment D. M 5. The location, size, design, and operating characteristics of the proposed use are compatible E with the existing and firture land uses within the general area in which the proposed use is to be located and will not create significant noise, tragic or other conditions or situations that o may be objectionable or detrimental to other permitted uses in the vicinity or adverse to the public interest, health, safety, convenience, or welfare q/the City. The proposed project conforms to all applicable development standards and land use regulations of the C11 land use district, as illustrated in Table 2 above. Therefore, the design of the project, in conjunction with the recotmnended conditions of approval, will ensure that the project will not © create significant noise, traffic, or other conditions or situations that may be objectionable or N detrimental to other permitted uses in the vicinity or the site• nor will it be adverse to the public u interest, health, safety, convenience or welfare of the City. The location, size, design and a character of the proposed project will enhance the operation, to the benefit of the public interest d and general welfare of the City. 6. The subject site is physically.suitable for the type and density/intensity of use being proposed a The site is physically suitable for construction or a 12,480-square foot general retail merchandise N c store, as evidenced by the project's compliance with all applicable Development Code Standards E noted in Table 2. There are no physical constraints that would limit development on the site as proposed. Therefore,the site is physically suitable for the proposed project. a 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. E L V All agencies responsible for reviewing access and providing water, sanitation and other public a services to the site have had the opportunity to review the proposal, and none indicated inability to serve the project site. Standard health and safety regulations will ensure that development of the project will not be detrimental to public health and salety. Packet Pg.212 1 GPd11-06, 7PM19364, CUP12-07 PC Meeling Date:5-23-12 Page 10 CONCLUSION The project proposal satisfies all Findings of Fact required for approval of General Plan Amendment No. 11-06, Tentative Parcel Map No. 19364 (Subdivision No. 11-06) and Conditional Use Permit No. 12-07. RECOMMENDATION n' 0 N Staff recommends that the Planning Commission recommend that the Mayor and Common Council: c5 v 1. Adopt the Mitigated Negative Declaration and Mitigation Monitoring/Reporting Program (Attachment D), and E a F 2. Approve General Plan Amendment No. I1-06, Tentative Parcel Map No. 19364 9 (Subdivision No. 11-06) and Conditional Use Permit No. 12-07 based on the Findings of Fact contained in the Staff Report and subject to the Conditions of Approval (Attachment a t7 C) Respectfully Submitted, i © M N Aron Liang c Senior Planner 2 m Approved for Distribution: / � U N C M. Margo Wheeler,AICP Community Development Director m 1 Attachments: A. Location and Aerial Maps B. Project Plans Date Stamped December 28, 2011 s C. Conditions of Approval D. Mitigation Monitoring/Reporting Program a { 6.C.b ATTACHMENT A - LOCATION/ZONING MAP CITY OF SAN BERNARDINO PLANNING DIVISION PROJECT: GPA11-06 1 TPM 19364 I CUP12-07 HEARING DATE: 512312012 NORTH N 0 'W.. N 6 3 j � tD CAUlly m W o H io III o x y r �y4 PROJECT SITE B 1 R B E 1 0 O T iirA3 V L B A C N E E N IL ir a v E U 1 Q I f 4 1 u* f 1� �I Packet Pg.214 r r 4 u CITY OF SAN BERNARDINO PLANNING DIVISION HEARING DATE: 5/23/2012 —.,tFn l Vd 14 IL 1S L t r-.a �� yY � y •' i } 'e � n tj ". Snn T 1Y a# , ,r �fJr Fa'�`ep ¢jd ATTACHMENT B I? .... ... ... iT /W � r jj j/� j/j �1 � � ` «1 / f �Om�ce a �A �­P ....... ...... ........: t"! mi o ------- - - - - - ----------- -4 V VCINMIWP iTE Packet Pg. 216 6.C.b 0 N q1l INCCIpHP0.V 5VMB0.9 ILOOR Urv.f+NOTES U C m.m�Mnomamugnso Qi /mm�.rvun.w.l®PW � Oj �w®�r.mwms • ®ew mime � y ©wov�.n a.v.m m •� aam m - � ! � on cR d 1 aw e-- 7 lz v .� FL00 'PIAN � A: U 1 � Q 1� 1 3 v 6.C.b r 0 N � c U v M E 12 - _ I�. SOUTH ELEVATION 4 y_ m N NORTH ELEVATION a N E - s ,^mn.� y A Q WEST WEST ELEVATION EAST ELEVATIO d E CONCEPTUAL ELEVATIONS A-: v a Packet Pg. 278 WI s i a55c j � r � I o ��4 N Q Q 0 t © IT ° O 0 _�I Q I ' { o E - I L u m i 9 L OQ h if O "aaa WW Packe{Pg. 219 j I i i I A j O N I D. J j U I °m M T E O iEAST ELEVATION SOUTH ELEVATION 3 .. m 1 N s M N N WEST ELEVATION NORTH ELEVATION n. a m N DOLLAR GENERAL Store Logo/Signage i c Kilim Beige Warm Stone Medium Bronze SMrxin WHm S�erxin WlGama S�eM�NMkame t Stucco Stucco 8 Banding Stucco It Doors R San Bernardino - Dolloar General Store a 803 E. Base Line Avenue c m MATERIAL SAMPLE BOARD E a EDEC 101 1 ATTACHMENT C CONDITIONS OF APPROVAL Conditional Use Permit 2 No. 12-07 and Tentative Parcel Map No. 19364 (Subdivision No. 11-06) 1. All development shall be in substantial conformance to submitted plans date stamped December 28,2011. 2. Within two years of Conditional Use Permit approval, commencement of construction o 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 Development a Permit does not authorize commencement of construction. All necessary permits must be rn obtained prior to commencement of specified construction activities included in the Conditions of Approval. 0 0 Expiration Date: 2 years from approval date of the CPA m 3. Within two years of the original approval date, the filing of the final map with the t� 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 shall be filed without first processing a new tentative map. The City Engineer must accept the final map or tentative map documents as adequate for approval by Council prior to forwarding them to the City Q Clerk. The date the final snap shall be deemed filed with the Council is the date on which the City Clerk receives the map. o a Expiration Date: 2 years from approval date of the GPA m 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 a matter. Once notified, the applicant agrees to defend, indemnify 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 r the City or EDA as well as predecessors, successors, assigns, agents, directors, elected y officials, officers, employees, representatives and attorneys of either the City or EDA j from any claim, action or proceeding against any of the foregoing persons or entities. The applicant further agrees to reimburse the City for any costs and attorneys' lees which a the City may be required by a court to pay as a result of such action, but such z participation shall not relieve applicant of his or her obligation under this condition. a i 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 Development Permit, this condition shall remain in errect if 3 the Development Permit is rescinded or revoked, whether or not at the request of applicant. { i Conditions oJ'Appmwl IPM[9364 and CUP 11-07 PC Date:Ma'13,3011 Page 1 5. Prior to occupancy of any building, a bond shall be posted to guarantee maintenance and survival of project landscaping for a period of one year pursuant to Section 19.30.230. 6. The property owner(s), facility operator and property management shall be responsible for regular maintenance of the site. Vandalism, graffiti, trash and other debris shall be removed within 24 hours of being reported. r: 0 j 7. Signs are not approved as a part of this permit. Prior to establishing signs, the applicant shall submit an application for approval by the Planning Division. a 8. Development of the project shall be subject to the attached mitigation measures in the Mitigation Monitoring/Reporting Program (MM/RP), incorporated by reference in these E Conditions of Approval. 9. The detention basin shall be designed in accordance with "Detention Basin Design IL Criteria for San Bernardino County." Double Ring Infiltrometer testing is required to 0 determine the percolation rate at the final grades of each of the proposed infiltration 0 features. The basin needs an emergency overflow and a low flow outlet. 10. An Erosion Control Plan is required to be submitted with the grading plan for review and approval by the Director of Community Development prior to issuance of the grading ri permit. N i r 11. An On-site Improvement Plan and Permit are required for this project The on-site plan °o can be incorporated with the grading plan and shall conform to all requirements of Section 15.04.167 of the Municipal Code. N 12. A final version of the Full-Categorical Water Quality Management Plan (WQMP) shall a be approved prior to the issuance of permits. The overall project scope for the site will N disturb more than an acre of land; therefore, a Storm Water Pollution Prevention Plan w (SWPPP) will be required prior to the issuance of permits. A "Notice of Intent (NOl)" t shall be filed with the State Water Resources Control Board and a copy shall be provided. Y 13, An Off-site Improvement Plan and permit are required for this project. The plan shall be Q prepared by a Registered Civil Engineer. The following improvements shall be shown on the plan: i. Reconstruct the curb return at Baseline Street & Myrtle Drive to a radius of 35' which will require a signal/utility relocation. ii. Reconstruct the curb return at Baseline Street & Bobbett Drive to a 35' radius. iii. ADA ramps shall be constructed that are compliant with current standards. Dedication of right of way w accommodate the curb © return ramps will be required. Conditions of Approixd 7PM 19364 aid CUP I2-07 Q PC Date:May 23.2012 Page 3 iv. Construct sidewalk, curb and gutter along Myrtle Drive according to city standards. v. Construct sidewalk, curb and gutter along Bobbett Drive according to city standards. vi. Close all driveways that are not a part of the approved site plan and o replace with curb, gutter and sidewalks according to city standards. a vii. Rehabilitate street paving to the centerline on Myrtle Dive,Bobbett e Drive and Baseline Street along all property frontages. m viii. Underground all overhead utilities adjacent and across the site. a 14. Access on Baseline Street will be restricted to right in-right out only. Signs will be q required on site. 15. Aright-of--way dedication will be required on Baseline Street to bring the right-of-way to a half-width dimension of 50' instead of 41.25'. N O 16. The final map shall be recorded prior to issuance of building permits. 17. An easement and covenant shall be executed on behalf of the City to allow the City to r enter and maintain any required landscaping in case of owner neglect. Upon request, the °o Real Property Section will prepare documents for execution by the property owner. The 0 documents shall ensure that, if the property owner or subsequent owner(s) fail to properly m 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- l processing fee in the amount established by ordinance shall be paid to the Real Property N Section to cover processing costs. The property owner, prior to plan approval, shall m execute this easement and covenant unless otherwise allowed by the Community t Development Director. .u�. 3 18. Electronic files of all public 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. 3 a j? End of Caiditions oJAppmml I Pac-liet Pg. 223 ATTACHMENT D DYNAMIC DEVELOPMENT GENERAL PLAN AMENDMENT NO. 11-06 CONDITIONAL USE PERMIT 12-07 TENTATIVE PARCEL MAP 19364 MITIGATION MONITORING REPORTING PROGRAM This Mitigation Monitoring and Reporting Program was prepared to implement the mitigation N measures outlined in the Initial Study for General Plan Amendment No. 11-06, Conditional Use Permit 12-07 and Tentative Parcel Map 19364. This program has been prepared in compliance u with the California Environmental Quality Act (CEQA), and the State and City of San M Bernardino CEQA Guidelines. O E a 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 m compliance during project implementation. The Mitigation Monitoring and Reporting Program contains the Ibllowing elements: 1. The mitigation measures are recorded with the action and procedure necessary to © ensure compliance. The program lists the mitigation measures contained within N the Initial Study. 2. A procedure for compliance and verification has been outlined for each r 0 mandatory mitigation action. This procedure designates who will take action, d what action will be taken and when, and to whom and when compliance will be `m reported. 3. The program contains a separate Mitigation Monitoring and Compliance Record a 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 2 l responsible for the program. If' changes arc made, new monitoring compliance 4 JJ procedures and records will be developed and incorporated into the program. i E The individual measures and accompanying monitoring/reporting actions follow. 'They are m numbered in the same sequence as presented in the Final Initial Study. i i i 1 3 V 9� 1 Mitigation Monitoring and Reporting Program General Plan Amendment No. I1-06 Conditional Use Permit 12-07 I emative Parcel Map 19363 Page 2 MITIGATION MEASURES III. AIR QUALITY I. Fugitive dust emissions shall be minimized through conformance with AQMD Rule 403, which may include the following: 0 N • apply water and/or chemical stabilizers to exposed and disturbed soil areas a • cease grading and earth-moving activities when winds exceed 25 miles per hour • spread soil binders on site, unpaved roads, and parking areas °o • use street sweeper to clean paved roads adjacent to site • wash off trucks before they leave the construction site o • cover import/export soils transported to/from construction site 0 IMPLEMENTATION AND VERIFICATION a C7 Planning staff shall verify implementation of the above mitigation measures. COMPLIANCE RECORD — N The verification shall be completed prior to completion of any grading. N N WRITTEN VERIFICATION PREPARED BY: o m m DATE PREPARED: U a N C N t U N Q C W L U N Q PacketPg.225 s.c.e •tµxaR° Joha Coute,Chair im M.Ieae,y.�ire_Ghai. J CITY OF SAN BERNARDINO im uMhi// „ Lance Dun tom, AndrmvMachea COMMUNITYDEVELOPMENTDEPARTMENT Amelia S.L Pew FraerickGrm,hulaki 300 North `D"Street, San Bernardino, California 91418 Gearxe xaxa Phone:(909)384-505715071 • Fax:(909)384-5080 Dan C.✓im. 806 Brawn,Alt. PLANNING COMMISSION MINUTES _ *DRAFT r 0 REGULAR MEETING a MAY 23,2012 a m GENERAL PLAN AMENDMENT NO. 11-03, TENTATIVE PARCEL MAP NO. 19325 m (SUBDIVISION NO. 11-01)AND CONDITIONAL USE PERMIT NO. 11-08 a GENERAL PLAN AMENDMENT NO. 11-06, TENTATIVE PARCEL MAP NO. 19364 0 (SUBDIVISION NO. 11-06)AND CONDITIONAL USE PERMIT NO. 12-07 a DEVELOPMENT CODE AMENDMENT NO. 12-03 GENERAL PLAN ANNUAL REVIEW MEMORANDUM N d C_ E a ri N N O M C d E r U R Q C d E L U R Q Page 1 of 3 05/23/2012 6- Chair Coate called the meeting to order at 6:00 p.m. Vice-Chair Heasley led the flag salute. Present: Commissioners Coate, Durr, Grochulski, Heasley, Lopez, Machen, Mulvihill. Excused: Jimenez and Rawls. Absent: Brown. Staff present: M. Margo Wheeler, Community Development Director; Henry Empeiio, Jr., Senior Deputy City Attorney; Aron Liang; Senior Planner; and Daren Maynard, Planning Aide. c N ADMINISTRATION OF OATH a U Aron Liang administered the oath. M CONSENT AGENDA: E a M. Margo Wheeler, Community Development Director, recommended the meeting minutes o of April 25,2012 for approval. Chair Coate made a motion to approve the meeting minutes of April 25,2012. 0 Vice-Chair Heasley seconded the motion. N The motion carried by the following vote: Ayes: Conte, Durr, Grochulski, Heasley, Lopez, Machen,Mulvihill. Excused: Jimenez and Rawls. Nays: None. Abstain: None. Absent: Brown. PUBLIC COMMENTS -ITEMS NOT ON AGENDA E E No comments. a N PUBLIC HEARINGS N N 3. GENERAL PLAN AMENDMENT NO. 11-06, TENTATIVE PARCEL MAP NO 19364 (SUBDIVISION NO. 11-06)AND CONDITIONAL USE PERMIT NO. 12-07 - A request to amend the land use district of approximately 22,500-square E feet from Residential Suburban(RS) to Commercial Heavy(CH), and merge five parcels into one parcel, and construct a 12,480-square foot commercial retail building, located at the southeast corner of Baseline and Myrtle Streets. a c v Environmental Status: Proposed Mitigated Negative Declaration E Owner: Leo E. Fresquez Trust(Darryl Millet) Applicant: Dynamic Development Company,LLC a APN: 0147-182-01, 02,03, 29 and 30 Ward: 1 Aron Liang gave a brief presentation on the project and explained a letter of opposition that was distributed to the Planning Commission. Page 2 of 3 05/23/2012 Packet.Pg.227 Chair Conte asked if the project applicant would be willing to place decorative rock along the front of the store to create uniformity with nearby Waterman Gardens. Tim Saivar, 1825 21"Street,Project Applicant, said yes. Commissioner Machen asked for clarification on Condition 14 which states access from Baseline will be restricted to"right-in, right-out only". Aron Liang recommended a change to Condition 14 which would state a"porkchop be o N installed to ensure a right-turn only"at the Baseline driveway. a 0 U Chair Conte explained a"porkchop" is a curb that will be installed in the driveway allowing for a right-turn only. m E Ken Kormilo,789 E.Baseline#3, spoke in opposition to the project because of possible t parking and traffic issues near the property. 0 Vice-Chair Heasley made a motion to adopt the Mitigated Negative Declaration and Mitigation a Monitoring/Reporting Program and approve General Plan Amendment No. 11-06, Tentative Parcel Map No. 19364 (Subdivision No. 11-06) and Conditional Use Permit No. 12-07 based on the Findings of Fact contained in the Staff Report and subject to the Conditions of Approval, as amended. d 5 Commissioner Machen seconded the motion. f The motion carried by the following vote: Ayes: Conte, Dint, Grochulski, Heasley, Lopez, E Machen,Mulvihill. Nays: None. Abstain: None. Excused: Jimenez and Rawls. Absent: Brown.. U IL N ADJOURNMENT M N Vice-Chair Heasley made a motion which was unanimously carried, to adjourn the Planning o Commission meeting at 8:50 p.m. The next regular meeting was scheduled for Wednesday, e, June 25, 2012 at 6:00 p.m. in the Council Chambers, First Floor, 300 North "D" Street, San 5 Bernardino, California. E z u Minutes Adopted by Planning Commissioners: a Date Approved: c Minutes Prepared by: d E r u m Melissa Thurman a Executive Assistant Page 3 of 3 05/23/2012 6.C.d ATTACHMENT 1 - LAND USE MAP CITY OF SAN BERNARDINO PLANNING DIVISION PROJECT: GPA11-06 1 TPM 19364 1 CUP12-07 HEARING DATE: 611812012 NORTH Pi e ° ti� I r kc I urty U Z CH LLi a BASELINE STR __ o T,. PROJECT SITE CH M B _. P < Y B 0 P R. , . B ICJ L �w,5 E T V B L �r� E A q E - T N N R T a —I E x 017E o W t e t U N a �x f 9TH REET ;x r Packet Pg. 229 EXHIBIT B CONDITIONS OF APPROVAL Conditional Use Permit 2 No. 12-07 and Tentative Parcel Map No. 19364 (Subdivision No. 11-06) n 1. All development shall be in substantial conformance to submitted plans date stamped N December 28, 2011. U 2. Within two years of Conditional Use Permit approval, commencement of construction shall have occurred or the permit approval shall become null and void. In addition, if m after commencement of construction, work is discontinued for a period of one year, then o the permit approval shall become null and void. However, approval of the Development t Permit does not authorize commencement of construction. All necessary permits must be c obtained prior to commencement of specified construction activities included in the Conditions of Approval. Expiration Date: 2 years from approval date of the GPA 3. Within two years of the original approval date, 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 shall be filed without first processing a new tentative map. The City Engineer must accept the final map or tentative © map documents as adequate for approval by Council prior to forwarding them to the City v Clerk. The date the final map shall be deemed filed with the Council is the date on which the City Clerk receives the map. E M Expiration Date: 2 years from approval date of the GPA 'o 0 4. In the event this approval is legally challenged, the City will promptly notify the a applicant of any claim, action or proceeding and will cooperate fully in the defense of this `o matter. Once notified, the applicant agrees to defend, indemnify and hold harmless the o 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 c the City or EDA as well as predecessors, successors, assigns, agents, directors, elected u officials, officers, employees, representatives and attorneys of either the City or EDA m from any claim, action or proceeding against any of the foregoing persons or entities. a The applicant further agrees to reimburse the City for any costs and attorneys' fees which x the City may be required by a court to pay as a result of such action, but such W participation shall not relieve applicant of his or her obligation under this condition. E L 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 a consideration for issuing this Development Permit, this condition shall remain in effect if the Development Permit is rescinded or revoked, whether or not at the request of applicant. Packet Pg.230 Conditions of Approval TPM 19364 and CUP 12-07 PC Date:May 23, 2011 Page 2 5. Prior to occupancy of any building, a bond shall be posted to guarantee maintenance and survival of project landscaping for a period of one year pursuant to Section 19.30.230. 6. The property owner(s), facility operator and property management shall be responsible o for regular maintenance of the site. Vandalism, graffiti, trash and other debris shall be a removed within 24 hours of being reported. U_ 9 7. Signs are not approved.as a part of this permit. Prior to establishing signs, the applicant shall submit an application for approval by the Planning Division. E a C 8. Development of the project shall be subject to the attached mitigation measures in the 4 Mitigation Monitoring/Reporting Program (MM/RP), incorporated by reference in these `m Conditions of Approval. a c� 9. The detention basin shall be designed in accordance with "Detention Basin Design m Criteria for San Bernardino County." Double Ring Infiltrometer testing is required to determine the percolation rate at the final grades of each of the proposed infiltration features. The basin needs an emergency overflow and a low flow outlet. `o .2 10. An Erosion Control Plan is required to be submitted with the grading plan for review and approval by the Director of Community Development prior to issuance of the grading s permit. 11. An On-site Improvement Plan and Permit are required for this project. The on-site plan can be incorporated with the grading plan and shall conform to all requirements of > Section 15.04.167 of the Municipal Code. a n � a 12. A final version of the Full-Categorical Water Quality Management Plan (WQMP) shall `o be approved prior to the issuance of permits. The overall project scope for the site will disturb more than an acre of land; therefore, a Storm Water Pollution Prevention Plan 2 (SWPPP) will be required prior to the issuance of permits. A "Notice of Intent (NOI)" O shall be filed with the State Water Resources Control Board and a copy shall be provided. t°� 1 m 13. An Off-site Improvement Plan and permit are required for this project. The plan shall be a prepared by a Registered Civil Engineer. The following improvements shall be shown on x the plan: "' i i. Reconstruct the curb return at Baseline Street & Myrtle Drive to a `m radius of 35' which will require a signal/utility relocation. ii. Reconstruct the curb return at Baseline Street& Bobbett Drive to a a 35' radius. i i V i Packet.Pg.231 i Conditions of Approval TPM 19364 and CUP 12-07 PC Date:May 23,1012 Page 3 iii. ADA ramps shall be constructed that are compliant with current standards. Dedication of right of way to accommodate the curb return ramps will be required. 0 iv. Construct sidewalk, curb and gutter along Myrtle Drive according a to city standards. U V v. Construct sidewalk, curb and gutter along Bobbett Drive according to city standards. E a vi. Close all driveways that are not a part of the approved site plan and c replace with curb, gutter and sidewalks according to city standards. m vii. Rehabilitate street paving to the centerline on Myrtle Dive,Bobbett 0 Drive and Baseline Street along all property frontages. viii. Underground all overhead utilities adjacent and across the site. 14. (*) Access on Baseline Street will be restricted to right in-right out only. Signs will be o N required on site. ® 15. A right-of-way dedication will be required on Baseline Street to bring the right-of-way to a half-width dimension of 50' instead of 41.25'. a E R 16. The final map shall be recorded prior to issuance of building permits. 0 17. An easement and covenant shall be executed on behalf of the City to allow the City to a 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 `o maintain the landscaping, the City will be able to file appropriate liens against the a 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 3 Section to cover processing costs. The property owner, prior to plan approval, shall n execute this easement and covenant unless otherwise allowed by the Community a L Development Director. w 18. Electronic files of all public improvement plans/drawings shall be submitted to the City 1 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 z drawings are submitted for approval. i 19. (*) The applicant shall provide additional architectural features to include wainscot coat with decorative stone/river-rock, columns, and trellises to enhance the building. 3 i t Conditions of Approval TPM 19364 and CUP 12-07 PC Date:May 23, 2012 Page 4 20. (*) The monument sign base fronting Baseline Street shall include decorative stone/river- rock feature. n 0 21. (*)The applicant shall install sod for landscaping fronting Baseline Avenue. a U (*)Amended/added by the Planning Commission on May 23, 2012. m a� m E a C End of Conditions of Approval c m a C7 m m c 0 y d L d 'O C d E m 0 c a Q 0 N C O C O U 00 9 L W C d E t 0 m 233:1* , t RESOLUTION NO. z 3 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 4 OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 11-06 TO CHANGE THE LAND USE DESIGNATION OF APPROXIMATELY 22,500 SQUARE FEET 5 FROM RESIDENTIAL SUBURBAN (RS) TO COMMERCIAL HEAVY (CH); APPROVING 6 TENTATIVE PARCEL MAP NO. 19364 (SUBDIVISION NO. 11-06) TO MERGE FIVE 7 PARCELS INTO ONE 1.53-ACRE PARCEL, AND CONDITIONAL USE PERMIT NO. 12-07 TO CONSTRUCT A 12,480-SQUARE FOOT COMMERCIAL RETAIL BUILDING LOCATED o 8 AT THE SOUTHEAST CORNER OF BASELINE AND MYRTLE STREETS; AND w CL 9 ADOPTING THE MITIGATED NEGATIVE DECLARATION AND THE MITIGATION MONITORING/REPORTING PROGRAM FOR THE PROJECT. g 10 11 E BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY t e t2 OF SAN BERNARDINO AS FOLLOWS: 4 13 SECTION 1. Recitals. 14 WHEREAS, the Mayor and Common Council of the City of San Bernardino adopted the General © 15 Plan for the City by Resolution No.2005-362 on November 1,2005; and W N 16 WHEREAS, the application for General Plan Amendment No. 11.06, Tentative Parcel Map No. c 17 19364 (Subdivision No. I1-06) and Conditional Use Permit No. 12-07 was reviewed under the 19 California Environmental Quality Act (CEQA) through an Initial Study which found no significant ow 19 adverse effects on the environment after incorporation of mitigation measures; and °m m 20 WHEREAS, the Mitigated Negative Declaration pursuant to the California Environmental 21 Quality Act has been reviewed by the Environmental Review Committee, the Planning Commission, .Ec u 22 and the Mayor and Common Council in compliance with the CEQA and local regulations;and a 23 WHEREAS, the Planning Commission conducted a noticed public hearing on May 23, 2012, in 24 order to receive public testimony and written and oral comments on General Plan Amendment No. 11- 25 06, Tentative Parcel Map No. 19364 (Subdivision No. 11-06) and Conditional Use Permit No. 12-07, 26 and fully reviewed and considered the Planning Division Staff Report and the recommendation of the 27 Environmental Review Committee; and 28 I WHEREAS, the Mayor and Common Council held a noticed public hearing on June 18, 2012, 2 and fully reviewed and considered proposed General Plan Amendment No. 11-06, Tentative Parcel Map 3 No. 19364 (Subdivision No. 11-06) and Conditional Use Permit No. 12-07, and the Planning 4 Commission and Environmental Review Committee recommendations and the Planning Division Staff 5 Report. 6 NOW, THEREFORE, BE IT RESOLVED, FOUND AND DETERMINED by the Mayor and 7 Common Council that: n 9 8 SECTION 2. Mitigated Neeative Declaration. a 9 A. The proposed amendment to the General Plan of the City of San Bernardino will not have a 10 significant adverse effect on the environment with incorporation of the proposed mitigation measures, 11 and the Mitigated Negative Declaration heretofore recommended by the Environmental Review t e 12 Committee as to the effect of this proposed amendment is hereby adopted. 9 13 B. Mitigation measures identified in the Mitigated Negative Declaration have been compiled in 14 a Mitigation Monitoring and Reporting Program (MMIRP) for the project. The Mayor and Common 15 Council hereby adopts the MM/RP attached to the Staff Report to the Mayor and Common Council as m N 16 Attachment D, and incorporated herein by reference. o .9 17 SECTION 3. General Plan Amendment No. 12-02. > z is A. General Plan Amendment No. 12-02 is hereby approved based upon the Findings of Fact 19 contained in the Staff Report to the Planning Commission dated May 23,2012. o m 20 B. The Land Use Map of the General Plan is hereby amended pursuant to General Plan c 21 Amendment No. 11-06, to change the land use designation of approximately 22,500 square feet from t u 22 Residential Suburban (RS) to Commercial Heavy (CH) in the area outlined in Attachment 1, attached 23 and incorporated herein by reference. 24 C. General Plan Amendment No. 11-06 shall become effective upon the adoption and execution 25 of this resolution. 26 SECTION 4. Tentative Parcel May No 19364 (Subdivision No 11-06) 27 Tentative Parcel Map No. 19364 (Subdivision No. I1-06) is hereby approved based upon the 28 Findings of Fact contained in the Staff Report to the Planning Commission dated May 23, 2012, and z I subject to the Conditions of Approval as recommended for revision by the Planning Commission on 2 May 23,2012 and attached as Exhibit B to the Staff Report to the Mayor and Common Council. 3 SECTION 5. Conditional Use Permit No. 12-07. 4 Conditional Use Permit No. 12-07 is hereby approved based upon the Findings of Fact contained 5 in the Staff Report to the Planning Commission dated May 23, 2012, and subject to the Conditions of 6 Approval as recommended for revision by the Planning Commission on May 23, 2012 and attached as 7 Exhibit B to the Staff Report to the Mayor and Common Council. A 4 8 SECTION 6. Map Notation. a 9 This Resolution and the amendment affected by it shall be noted on such appropriate General a m 10 Plan maps previously adopted and approved by the Mayor and Common Council and which are on file I in the office of the City Clerk. a t e 12 SECTION 7. Notice of Determination. ° 13 The Planning Division is hereby directed to file a Notice of Determination with the County Clerk cc 14 of the County of San Bernardino certifying the City's compliance with California Environmental 1 15 Quality Act in preparing the Initial Study/Mitigated Negative Declaration. a' N 16 C A 17 > m rc 16 w 19 0 N d 20 C d 21 E L Vq 22 F Q 23 24 25 26 27 28 3 PacketPg.236 I A RESOLUTION ...ADOPTING GENERAL PLAN AMENDMENT NO. 11-06 TO CHANGE THE LAND USE DESIGNATION OF APPROXIMATLEY 22,500 SQUARE FEET FROM RESIDENTIAL SUBURBAN 2 (RS) TO COMMERCIAL HEAVY (CH); APPROVING TENTATIVE PARCEL MAP NO. 19364 (SUBDIVISION 3 NO. 11-06)TO MERGE FIVE PARCELS INTO ONE, 1.53-ACRE PARCEL AND CONDITIONAL USE PERMIT NO. 12-07 TO CONSTRUCT A 12,480-SQUARE FOOT COMMERCIAL RETAIL BUILDING LOCATED AT 4 THE SOUTHEAST CORNER OF BASELINE AND MYRTLE STREETS; AND ADOPTING THE MITIGATED NEGATIVE DECLARATION AND THE MITIGATION MONTORING/REPORTING PROGRAM FOR THE 5 PROJECT. 6 7 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 0 s Common Council of the City of San Bernardino at a meeting thereof,held on the a 9 day of 2012, by the following vote,to wit: 10 Council Members: AYES NAYS ABSTAIN ABSENT E 11 E MARQUEZ 12 JENKINS q 13 a VALDIVIA cs 14 ® SHORETT 1s KELLEY - N 16 JOHNSON = n MC CAMMACK 18 19 0 Georgeann Hanna, City Clerk d 20 d 21 The foregoing resolution is hereby approved this day of 2012. E U 22 0 Q 23 Patrick J.Morris,Mayor 24 City of San Bernardino zs Approved as to form: JAMES F. PENMAN, 26 City Attorney 27 By: CJU �- 28 i 4 Packet Pg..237 DYNAMIC DEVELOPMENT ATTACHMENT D GENERAL PLAN AMENDMENT NO. 11-06 CONDITIONAL USE PERMIT 12-07 TENTATIVE PARCEL MAP 19364 MITIGATION MONITORING REPORTING PROGRAM This Mitigation Monitoring and Reporting Program was prepared to implement the mitigation measures outlined in the Initial Study for General Plan Amendment No. 11-06, Conditional Use Permit 12-07 and Tentative Parcel Map 19364. This program has been prepared in compliance with the California Environmental Quality Act (CEQA), and the State and City of San c Bernardino CEQA Guidelines. n CEQA Section 21081.6 requires adoption of a monitoring and/or reporting program for those a measures or conditions imposed on a project to mitigate or avoid adverse effects on the M { environment. The law states that the monitoring or reporting program shall be designed to ensure compliance during project implementation. a i ~ The Mitigation Monitoring and Reporting Program contains the following elements: { o. j1. The mitigation measures are recorded with the action and procedure necessary to j 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 a mandatory mitigation action. This procedure designates who will take action, W what action will be taken and when, and to whom and when compliance will be E reported. e 3. The program contains a separate Mitigation Monitoring and Compliance Record a for each action. On each of these record sheets, the pertinent actions and dates t will be logged, and copies of permits, correspondence or other data relevant will be retained by the City of San Bernardino. G 4. The program is designed to be flexible. As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those d responsible for the program. If changes are made, new monitoring compliance procedures and records will be developed and incorporated into the program. ° a The individual measures and accompanying monitoring/reporting actions follow. They are numbered in the same sequence as presented in the Final Initial Study. Packet Pg. 238 Mitigation Monitoring and Reporting Program General Plan Amendment No. I1-06 Conditional Use Permit 12-07 Tentative Parcel Map 19364 Page 2 MITIGATION MEASURES III.AIR QUALITY 1. Fugitive dust emissions shall be minimized through conformance with AQMD Rule 403, which may include the following: • apply water and/or chemical stabilizers to exposed and disturbed soil areas • cease grading and earth-moving activities when winds exceed 25 miles per hour • spread soil binders on site,unpaved roads, and parking areas o • use street sweeper to clean paved roads adjacent to site N • wash off trucks before they leave the construction site • cover import/export soils transported to/from construction site m M IMPLEMENTATION AND VERIFICATION E 1 r Planning staff shall verify implementation of the above mitigation measures. c COMPLIANCE RECORD tM a The verification shall be completed prior to completion of any grading. WRITTEN VERIFICATION PREPARED BY: n DATE PREPARED: v c y E s u Q u E L U A Q f"` JUN 13 2012 CRY SAN SERNAR(I pEVEL OPMEN ES .�7/✓ /'�"` ��/) T SERVICES OEPART N L� M e 0 � � m a �J/ N �4 / N C Y. co � y N � V Q ,/�,� ,y (J C J/, /Q/ LL 9 v u Q c m s y a PaclFet"Pg.240