HomeMy WebLinkAbout2012-111 RESOLUTION NO. 2012-111
2
3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO CERTIFYING THE FINAL ENVIRONMENTAL
4 IMPACT REPORT FOR THE HIGHLAND MARKETPLACE PROJECT; ADOPTING
5 THE FINDINGS OF FACT AND THE MITIGATION MONITORING AND
REPORTING PROGRAM; AND APPROVING GENERAL PLAN AMENDMENT NO.
6 11-03 TO CHANGE THE LAND USE DESIGNATION FROM PUBLIC COMMERCIAL
7 RECREATION (PCR) TO COMMERCIAL GENERAL (CG-1), TENTATIVE PARCEL
8 MAP NO. 19325 (SUBDIVISION NO. 11-01) TO SUBDIVIDE 17.37 ACRES .INTO
SEVEN PARCELS,AND CONDITIONAL USE PERMIT NO. 11-08 TO CONSTRUCT A
9 MULTI-TENANT COMMERCIAL SHOPPING CENTER WITH A 136,090-SQUARE
10 FOOT, 42-FOOT TALL HOME IMPROVEMENT STORE WHICH EXCEEDS THE 30-
FOOT HEIGHT LIMITATION IN THE CG-1 DISTRICT AND APPROXIMATELY
11 68,630 SQUARE FEET OF RETAIL AND RESTAURANT USES FOR THE SITE
12 LOCATED AT THE SOUTHWEST CORNER OF HIGHLAND AND ARDEN
AVENUES.
13
14
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
15
THE CITY OF SAN BERNARDINO AS FOLLOWS:
16
SECTION 1. Recitals.
17
WHEREAS, the Mayor and Common Council of the City of San Bernardino adopted the
18
City General Plan by Resolution No. 2005-362 on November 1, 2005; and
19
WHEREAS, on June 2, 2011, the Development/Environmental Review Committee
20
reviewed plans for the Highland Marketplace Project ("Project') and approved release of a Draft
21
Environmental Impact Report (EIR) for the Project, pursuant to the California Environmental
22
Quality Act(CEQA); and
23
WHEREAS, on June 8, 2011, the City circulated a Notice of Preparation (NOP) of an
24
Environmental Impact Report (EIR) to responsible agencies, interested parties and the public to
25
solicit comments and concerns regarding the scope of analysis to be conducted for the Highland
26
Marketplace Project EIR, and collected comments on the NOP during a review period from June
27
8, 2011,to July 8, 2011; and
28
2012-111
1 WHEREAS, on June 30, 2011, the City conducted a public scoping meeting to provide
2 information about the Highland Marketplace Project and to receive public comments on the
3 scope of analysis to be conducted for the Highland Marketplace Project EIR; and
4 WHEREAS, all comments received at the public scoping meeting and in responses to the
5 NOP were considered in the preparation of a Draft EIR for the Highland Marketplace Project,
6 and were incorporated in the Draft EIR; and
7 WHEREAS, a Draft EIR for the Highland Marketplace Project was circulated for a 60-
8 day public review from December 21, 2011 through February 18, 2012, and three comment
9 letters were received by the City; and
10 WHEREAS, a Final EIR for the Highland Marketplace Project was prepared pursuant to
ii CEQA requirements, including the Draft EIR, technical appendices to the Draft EIR, responses
12 to all comments submitted in response to the Draft EIR, and changes to the Draft EIR; and
13 WHEREAS, on May 23, 2012, the Planning Commission of the City of San Bernardino
14 held a noticed public hearing to consider written and oral comments, including a report of
15 recommendations from staff which recommended certification of the Highland Marketplace
16 Project Final EIR and approval of the Highland Marketplace Project; and
n WHEREAS, on June 18, 2012, the Mayor and Common Council held a noticed public
1s hearing to consider written and oral comments, and the plans for development of the Highland
19 Market Project (General Plan Amendment No. 11-03, Tentative Parcel Map No. 19325 and
20 Conditional Use Permit No. 11-08), and to consider the Final EIR, the Mitigation Monitoring
21 and Reporting Program(MM/RP), Draft Facts, Findings, and the Planning Division Staff Report.
22 NOW, THEREFORE, BE IT RESOLVED, FOUND AND DETERMINED BY THE
23 MAYOR AND COMMON COUNCIL:
24 SECTION 2. ENVIRONMENTAL IMPACT REPORT
25 A. The facts and information contained in the Recitals section are true and correct.
26 B. The Final EIR for the Highland Marketplace Project, comprised of the Draft EIR and
27 technical appendices, a list of all persons and agencies that submitted comments on the Draft
28 EIR, all written comments on the Draft EIR, text changes to the Draft EIR, and written responses
2
2012-iii
i to all comments, was prepared pursuant to CEQA requirements and is attached to this Resolution
2 as"Exhibit 1", and incorporated herein by reference.
3 C. The Mayor and Common Council exercised independent analysis and judgment in its
a review of the Highland Marketplace Project Final EIR, and considered all contents of the Final
5 EIR prior to taking an action on certification of the Final EIR, and prior to making a decision on
6 the Project, General Plan Amendment No. 11-06, Tentative Parcel Map No. 19325 and
7 Conditional Use Permit No. 11-08.
8 D. The Final EIR has identified all potentially significant adverse environmental effects
9 that would result from development and operation of the Highland Marketplace Project, and has
10 identified all feasible avoidance actions and mitigation measures that can reduce potential
it adverse effects on the environment.
12 E. Mitigation measures identified in the Final EIR have been compiled in a Mitigation
13 Monitoring and Reporting Program (MM/RP) for the Highland Marketplace Project. The Mayor
to and Common Council considered implementation of the MM/RP in its consideration of the
15 potential effects of the Project, attached to this Resolution as "Exhibit 2", and incorporated
16 herein by reference.
17 F. Potential alternatives to the proposed development plan for the Highland Marketplace
18 Project were analyzed in the Final EIR. Reasons for rejecting alternatives as infeasible, or as not
19 meeting the Project objectives, are discussed in the Findings of Fact, attached to this Resolution
20 as"Exhibit 3", and incorporated herein by reference.
21 G. The Mayor and Common Council hereby finds that the Findings of Fact with respect
22 to the Highland Marketplace Project, are true and correct, and are based on substantial evidence
23 in the record, including documents comprising the Final EIR.
24 H. The Final EIR, MM/RP, and the Findings of Fact reflect the independent review,
25 analysis and judgment of the Mayor and Common Council of the City of San Bernardino.
26 SECTION 3. CERTIFICATION OF THE ENVIRONMENTAL IMPACT REPORT
27 The Final EIR for the Highland Marketplace Project(SCH#2011061021) is hereby certified,
1 28 the Findings of Fact, and the Mitigation Monitoring and Reporting Program are hereby adopted.
1
3
2012-iii
1 SECTION 4. GENERAL PLAN AMENDMENT NO. 11-03
2 A. General Plan Amendment No. 11-04 is hereby approved based upon the Findings of
3 Fact contained in the Staff Report to the Planning Commission dated March 28, 2012.
4 B. The Land Use Map of the General Plan is hereby amended pursuant to General Plan
5 Amendment No. 11-03, to change the land use designation from Public Commercial Recreation
i
6 (PCR) to Commercial General (CG-1) in the area outlined in "Exhibit 4" a copy of which is
7 attached and incorporated herein by reference.
8 C. General Plan Amendment No. 11-03 shall become effective upon the adoption and
9 execution of this Resolution.
10 SECTION 5. TENTATIVE PARCEL MAP NO. 19325
11 Tentative Parcel Map No. 19325, to subdivide 17.37 acres into seven parcels, is hereby
12 approved based upon the Findings of Fact contained in the Staff Report to the Planning
13 Commission dated May 23, 2012, and subject to the Conditions of Approval, attached and
14 incorporated herein as Attachment A.
15 SECTION 6. CONDITIONAL USE PERMIT NO. 11-08
16 Conditional Use Permit No. 11-08 to construct a multi-tenant commercial shopping
17 center with a 136,090-square foot, 42-foot tall home improvement store which exceeds the 30-
18 foot height limitation in the CG-1 district and approximately 68,630 square feet of retail and
19 restaurant uses, is hereby approved based upon the Findings of Fact contained in the Staff Report
20 to the Planning Commission dated May 23, 2012, and subject to the Conditions of Approval,
21 attached and incorporated herein as Attachment A.
22 SECTION 7. MAP NOTATION
23 This Resolution and the amendment affected by it shall be noted on such appropriate
24 General Plan maps previously adopted and approved by the Mayor and Common Council and
25 which are on file in the office of the City Clerk.
26
27
28
4
2012-111
1 SECTION 8. NOTICE OF DETERMINATION
2 The Planning Division is hereby directed to file a Notice of Determination with the
3 County of San Bernardino, certifying the City's compliance with the California Environmental
4 Quality Act.
5
6
7
8
9
10
Il
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
5
2012-111
RESOLUTION ... CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT
I FOR THE HIGHLAND MARKETPLACE PROJECT; ADOPTING THE FINDINGS OF FACT AND THE
2 MITIGATION MONITORING AND REPORTING PROGRAM; AND APPROVING GENERAL PLAN
AMENDMENT NO. I1-03 TO CHANGE THE LAND USE DESIGNATION FROM PUBLIC
3 COMMERCIAL RECREATION (PCR) TO COMMERCIAL GENERAL (CG-1), TENTATIVE PARCEL
MAP NO. 19325(SUBDIVISION NO. 11-01)TO SUBDIVIDE 17.37 ACRES INTO SEVEN PARCELS,AND
4 CONDITIONAL USE PERMIT NO. 11-08 TO CONSTRUCT A MULTI-TENANT COMMERCIAL
SHOPPING CENTER WITH A 136,090-SQUARE FOOT, 42-FOOT TALL HOME IMPROVEMENT
5 STORE WHICH EXCEEDS THE 30-FOOT HEIGHT LIMITATION IN THE CG-1 DISTRICT AND
6 APPROXIMATELY 68,630 SQUARE FEET OF RETAIL AND RESTAURANT USES FOR THE SITE
LOCATED AT THE SOUTHWEST CORNER OF HIGHLAND AND ARDEN AVENUES.
7
8 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
9 Common Council of the City of San Bernardino at a I oint regular meeting thereof, held
10 on the 18th day of June 2012,by the following vote, to wit:
11 Council Members: AYES NAYS ABSTAIN ABSENT
12 MARQUEZ X
13 JENKINS X
14 VALDIVIA X
1s SHORETT X
16 KELLEY X
17 JOHNSON X
18 MC CAMMACK X
19
20 Georges Hann , Clerk
21
22 The foregoing resolution is hereby approved this jc;eday of June , 2012.
23
24 r"
atRC 3. Morris,1%aUo
25
Approved as to form:
26 JAMES F. PENMAN,
City Attorney
27
28 By:
(fD 6
2012-111
ti
c
c
E
0
0
Y C C O O _O
@ O O
U U U U Tl
d N N 7f N
U n n n n n
N N N N
C C C C C C
Q N @ N @ N
0 0 O O O
O
@ N N N N
❑ O O O O
N
Q E @ a m aUi a°i ami
0 c C N C N a n a
U' S c c
O o d ° o N
E @ E @ ° c c
CL m oEd oEd 5 5
c9 a` 00 a` 00
z 0 0 0
Q a
CL
Q Q o y ° o 0 0 :? 0 p
N w O .N. c O O) j �. N m a I`0
t z (L CL0 F 000 D `a ❑ rn'wa
x
w 0
Z c .- c .- co ...
0 c O N c c O D 0 c c o c
@c 'EE0 @c 'cEo O ❑ @c 'cE0
tnvcnE wmp5nE fgaMO. E
p a E d m `o `m E d d `o c E aci m
Q 0co0 ❑ 0 0 c11U00 V) N Uca a
C7
�' tc@iu � r a3ic ono m = ay
N @ C Y @
N ndy 0 0 0. d -- O
w ca E 0 aci 'ate m L 1D 12 E m o
O c "n�pS N E L w 3 m= ,50 n-
C ,: .N U E 0 0 @ O m
y 0 H N L y rn
C
c c > N
am m
c .y N O a
E@ 6V 'a 0190 X C
m in
Y C aoroay (n a -O ' � O Qm
w Nam � 'Ny LLJ : 0z0
0 w cd £ Q - y Qo 0c � C1@
0 0 0 0 L V n Q@ C Q y
'O d a m O O � N U �' E c N N
C U » C C w N w U@ j 'O N E N
@ N N C d @ @ @ @ N N :.. @
L >' 10md � @ °c d > > mcaoi y °' c u@i0n
C
d U C d N C a C .� D c °1 n CD c O C c .t. O
@ > E 0Ol >
d Q a a w° 3 °i `m Q. °> ° N m aEi 3 n
a -j
2012-111 '
c
0
n
N
G
N
C
N
O
2 9
O m
C N d
m d O
UI
N N
c U @
O C
G O
m -
�
C m
'O
C
w m _
c O r m c n
a `o m c 'E E
o � N `oonE � 0
C L
ao "m ONani � E
QUUroU0 � C7Q
a — m 0 N y 'O m Q m c N "O 'O C U O
a o M c
j O'T> o � in Ey > oW - 'mnm mo � Y y �
LLCC cOL E " 5 dao m 00 a
C m > m y L O y U 0 E 7 9 r
0 0 Mm =a y U r m 4 2 y m _N O o c
mUCat O cu0 'Oo " 0 .9 — a0WOZ
j N y O' 0 w "
sov Ew E a QEd � � m � ao m � -y
c L v
.. C co
- — m yU yy U Q L 8 m 2
00 o o E ¢ d 8
O oO m J m 0 to
d J a y c U y
U m m o — o
E " y m £ 0Ea3EoU m Ica- curio
aOi c E m « m � 'o� E
NJmmmm rt 'O TN mN
O
a0, � `1WCmC o
O• ymVi � yt � y y060C � w
Es c - in � E 0 a-0 d
m m fO 9 m m E E y 5 '- m y u'i E o m 'o m
r N r m 8 � 'O O y 6 m O
Uu � oar °' � Ewt� � iO E � 2 E3ctK a°
2012-111
j !
2 ! $ ,
{ \ \ \ c
j {§ ( j ) )
_ ! ƒ\) « 0 .60 0
m � =# �
) � ` E75M M ® >s §
% ; E > aE E 'at co
; /) GIo33 . lo2o6a .
f ; »� 0 00c ` - Ita = ! `
_ � - - , {« ;
§ « ! {) k ` - § : !
0 � � E \> O ` _ , Ew - um
® ! ® 2 ° ° ! Z ` EE to ! #]
$ ) 7 ` } ƒ § k :\ 2k \ ) , 3.,—
` ! « kip !
$ i / ! r » !!{CL Em 4M ) E , % ) {f mo] : - ; U7- Of lm
00 0 - " gy ; mmz 2�!/ . m | r/ 0 ® 7 ® ° > :, 0 o0 % Z / 09 , =. > -
w
` !) g !
B � @2 - E ® 2«, 2t,£ ; [{ § ! �= g ° i °f : oE § t —. X0 =
, � �a §
! ® r ;
no , O t : °
=
\ ) - , | fr &= ' \ # E w0
* ) i lr « aB - , *
elE2 : ° af ` f04) W .- 0B / § = ; ! { \° ) ° 2 § ) \ ; � o %\ &® , 0 »- « 2 & ! W± >
fOrmE § - a 2WE &m§ ; \ it - ! § sz �2k u « ! e _ ¥a;
2012-iii
c� a
T
Q '`p O N C umi
3 d N
WD c 00
d
> m
o: a ofmwW
c
o `o m
N 3 E
0
> > N O C
C O
o c a N E m
`o_ Ed
m m
pJ o, pw n a` c°� o
O yOy ° T
o D `aE o � `oE ` 0M � E
a- .0 a` Laa CL . oa
c c
c `
m c ° c °' _M c ° c y m c o D m c
m c m 2: m c m >_ m 5 'E E m
m �c 90)p cU � ap m � 'O O E OOE
` m cy, � om � .d '.. Bm �
U m
aTE .°_ � ac�y, Eaw aTE E > a
Q U aJ m J m n= mom m
m m
¢ 2Jmmm QUmUO 0
L L N O d
oc� -'�oO m_y�N N N gn c m m .c C m t a m m T O a r m N Y .° v m W3 ?3 0 N c'j^ =N.N.. a O
O J d N J m N O ammc F _ a0 va N Sm ` aE
rpa > mo O v ya a Q w , c m
- , .- ,C
d W O X m > O n N y Ca C N m 0 9 D C o 0
OEM U N U C L
r O O m
O % m N O
onE > m o 0 $ mc CL N
a
C N °m »Cc N o m m 7 vU.�.Ne��. 9^N y a C t m3 0 "N _�U n dc L y umi momj ° N,r m N E- °m 9 N c Cf�n J O)pmw p =°Z.�J
0 .0 oo Ul o s«
o M _ N C °C c C 0 M a N "i 'Cm L�N n G W L a«nC 3 c
T c Om NN°6
)
.O
U N N C C rN E O a O
a - - m J Cpw - m m " - = C .. d p E m
tm ° E ° Ei ao m = cw 0 �n° mmw ° = m
COm ° ° EQc - -m =: = ano 'o � � mcc ESo i ° n Eg
wy Nmo` � , cco c 0J dyo amo o " a o d m a o ° O 0
N � E n-5 J . Q .M3mO yB _ > N m ° E �° � , m �Ed0 8uN ax60 O EN
N C C m L N TN l 0Umm> � ocof � °� � � c rE oJ o '� c Ta o o a m O ° m >oa C 9 a « d .
N � W � y p 0 D M .
moC m C N 6
° - m u m
� ` ` � K � > o m
c
� mam � m � m N ac mLO0M -C - m2E ° O m rnm 2 ow m w J N d m 2: 0 0 0 00i
2012-111
V
•
F-
0 EL C N Ta O C N 6 d
doNC � n
a>i acm E a>iE
KEnmwW it OC O O
H E
`o
> E O v, > O d a C N E C C C Q
o > d @ d E d OJ °- 3 - ° E 'm ° E '@ $ E '�
C .0 rn a d - a o
c d E L a p c L p C d y U a U o a` U o° a` 0 o
_ c U
N O N U C N s U O U O U
o � w > � a
@E ° c J - Sa > L @ =oE 2Nr @JE � JE
O J a'N U 6 C O J C ✓ O O p O J
a _ a@ m O@ O O N N a O a F U O a O a a 0 6
c
0
v c in
• D C .. N@ > 9 Y r C ... N d
• @ C O 1:` 41 C N O N @ c 0 C C O .T. N c O @
cN ' E EE v rpa3E U) Za E
E E o d
w c m'' w m u - @
E C E N E E J 6 @ a T a a
ONN a0ON @ a- NJN EO0N
0 ¢ UUm22 c O
'm N f0
¢ Um aO Um UOm U UU
@ .. 0 C c 0m OYmn @ d c v N
@
� v
N O @ T N c \ E
> N 5m 5; pp ON c =
� EJ a 3o2 2 mo = � d o a
Z = o N N .0
oo mR _ � o NE Oo
,n94o N @ � 2 t
n w@ N w ._ d N y o L m n d o '2 N ' o E a y o 2 o m o m @ c N E
o d 0 m m o ° w ° vm w > °� ° U E ¢ tow m m
TL � O " � C Ovm O � �H d� Lu
O N a W N@ c N W 7I C o a E C O U
N d 0 ¢ N C `- d O ¢ - N �` d o N a O O m O' .2 J O N C L_
� c'Lm � w �' ci ni NONOm = � OO- o avi aviv oco `. �jwo � 2 � � � l!m3
S@ O - C U >, N L C _'J a o L L m a C .. N W Y N N N C y N
w J - @ o N@ L .J 'O > aN v U d@ N � c U y `� L (.0 Q O
O. dm ° � y0m � > « d0 ow@ m 01aEcD
N O c L N J E v o d > J 'O^ O W d 0 > > m E 7 J c y J c@ C
@ @ a N .- N O c N m > N 3 L N d N N N N U
N N L C C a @ @ C@ -O @ n D N D « @ C@ �_ @ Y m .@. N N J N E
� .. N :. N 'N ND Op C c O @ _ @w a0 N - O d d - O E NQ C :-
cN @ @JV gov :- d@ @ dtJ a� oo o U o �
ycuvm > > a; oEm T � L .. aNdm .. � � ^ v � 3L as � c � c
oEov � @o oEaoi � �' o 0 oNmuviEEin � `m oyo m o � rnd oy o =° a.0
@ O .2 N D✓ n @ N N O c O @ = C O N@ O J O N @ c w U O
$a o a `° �. v y a J v` '�_ E m o a@i °- E do " '- m - aci m E m «_ 2 m o
aE O -o m - Z Qt H 2Q naw � mF �
2012-iii
C G C
0 0 0
n 0 a a a
N C C
c C
U O O 0
W
0) O✓ O)
U N U C U C O C
O N O N 2 p N 0 O 0 O
oEd oEa`@i oEd 4Ed
a` 0o a` oo ao0o IL o00
O U O U O U 0 V
ocm � ooa�
o N o E o N J € o y o € o y J E
d ._ 0 0. a ._ o a d y o a d H o a
C C C C
W W W W N
UU U U UU
m esdL � d @m
am Ew c Om `m mna a
p !nt p
ccc � mrcd , NE .cmEoui 5 ¢¢,E.° dn3 « Nm
D 3 L N D y N N C C = L O L N '� N@ .DO 0@ 0 C
mc' d > c c `—�- .°_ QF ° mE <bcdEEc Do
o � oNO — - mn- c @ 0 - J ai « E
Q N=t") Q C z ."Dd O E mC N >N y r Z V E
O od d t
n
o r M O C G N C t =E 0 £ E 'N cm` 40
= ccn ya 0E 4) 19 = t d w v0
= N
O E N 0
@ C M4- N O Y t Ol F- @ NL- O L L d O)
U N N .- C C 5 0 C
C .Z` N O J '- .-
F- 0 0 p, 0 J@ C c 0 >
ocod a@i °' oE dD d � �° EE Jcuo@ .-
LDa
Jdc _ 0—' 0 N >
nE Ey .. m
o @ $ a@i � D a@i @ � yo W w2.2 � @om
� aciNC � pmco
04' L TD
@4= LUN 2J lOJ3 IVJpEC 100.~ a 0 ~ p. NJ
c 0 '-_ c N U H = C
� � Gau10 @o :3 � Q3N � QNNN � � t oi° o � Uu
. . z:=e:
: � \ \ /
} A !
} \ \ } Q \ I \ \
j \ }{ } \ \{ E \ }{
; /\ /§ /k
/ ° ! f ! f! £ : ° E ° - � AlEf ; / ` zk , w08cM MMF;
. M0- 2 § \ / \ \w �� , ` I ! ` / k � - , ( t , . : , - _
{ yfa« �{0 ; 2f § ) ) $ I) /t \ § = fE � ; « !tT
aa ! « Efl ; } . ({ � ; olq = ; : E= ; / � t
7t \ {� r= A , ! » E _ : a = c E E « > 0c = -,0 a0 -
: l= = uc0 , t , & ) , Ije - § { gym � i &! t / nEc ] c
! ! # ( E § E / ! f # = R # : ) ! � ® @ / { ! \ , \ ! e@ #
3 ) \ ! 0 0° C ± Ee = , as - o ! (2 ! § ! § §
4 = � � � ad ' -
) ! f{ƒ /) \ � ; R ; 3 ! §= § / \{f] § f ) � ] . ! !
, ` 02 � , le • 0 -a ) § § @2] !a ` »§ E
\ {fi } ») al m 0 D w a _ � , lee .
e = ; - l : e , @Ea , l , . B : , - -
\ \) /ia- 7l � 0 0 - z"M = ® i) t } ® / [7
® � $ « 8a :Et ! {# m , e � : ® / § tom } � � ° E
o � 0T / ( } k ) \ a § E &
) § 2 { r # & kag a _ � � A , ' « ` � ® a/ a ; . > � , 2 � 22 � .
; k # 2 : 2t $ � § ■ ) � ! m0 ! \ (\ \ ) § ) 3 # % 5 ` ! : J § E $ t4 } &
# � $ 16w2 ; D .2kca « ` £ tr2tt � | ® \ 0 ` :
§ ) f \, § r \§ ] ! G § f! § 2X CC ; : ; ! k ! ¥ , ! 0w MCl § §
2012-111
EXHIBIT 4 - LAND USE MAP
CITY OF SAN BERNARDINO
PLANNING DIVISION
PROJECT: GPA11-031 TPM193251 CUP11-08
HEARING DATE: 611812012 NORTH
RR i ! RM
kK
9 Rg ! ''af
Courny
al
PF RS
PF i #
uy NUE slal
T �. r-
`J
E A T SITE 0MIGHLAND
PROJEC 10
R i
L D _ .
NI i
! R MILLAR
v! RMH PF
EI ° LOS
RS L! ^�
RS
Z yTM o FELZ
E: . „ a °m (� STERta
Copyright
2012-111
ATTACHMENT A
CONDITIONS OF APPROVAL
Conditional Use Permit 11-08 and
Tentative Parcel Map 19325 (Subdivision 11-01)
1. All development shall be in substantial conformance to submitted plans date stamped
May 7, 2012.
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
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
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.
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
Clerk. The date the final map shall be deemed filed with the Council is the date on which
the City Clerk receives the map.
Expiration Date: 2 years from approval date of the GPA
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, 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
the City or EDA as well as predecessors, successors, assigns, agents, directors, elected
3 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 for 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 of this condition. As part of the
consideration for issuing this Development Permit, this condition shall remain in effect if
3 the Development Permit is rescinded or revoked, whether or not at the request of
applicant.
i
2012-111
GPA 11-031 TPM 193251 CUP 11-08
PC Hearing Date:May 13, 1012
Page 1
5. 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 report of being reported.
6. 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. All signs proposed for
the center shall be consistent with the Highland Marketplace Master Sign Program date
stamped May 7, 2012.
7. 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
Conditions of Approval.
8. An Erosion Control Plan must be submitted with the on-site improvement plan for review
and approval by the Director of Community Development prior to issuance of the on-site
improvement permit. (See"Grading Policies and Procedures")
9. 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 Community
Development Director. 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. 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.
10. An Off-site Improvement Plan and Permit are required for this project. The required
paving treatments for this project are as follows:
i) Highland Avenue — Grind and Overlay the roadway along the project
frontage to the centerline of the street.
ii) Arden Avenue — Grind and Overlay the roadway along the project
frontage to the centerline of the street.
iii) Construction of a modified knuckle at the terminus of E. Highland Outer
Hwy.
iv) 20`h Street— Grind and Overlay the roadway along the project frontage the
full width of the street.
2012-111
GPA 11-03/TPM19325 1 CUP H-08
PC Hearing Date:May 23,2011
Page 3
11. The parkway area beginning at the back of curb and extending to the right-of-way line on
Arden Avenue shall be improved with full width sidewalk improvements. Work
encroaching into Caltrans right of way will require a separate Caltrans encroachment
permit.
12. A right-of-way dedication is required on Highland Avenue for a minimum half section of
fifty feet. Additional right-of-way along Highland Avenue will be required at right turn
lanes.
13. Highland Avenue shall be widened and curb, gutter and sidewalk reconstructed at
ultimate width.
14. The project's Water Quality Management Plan (WQMP) shall be approved prior to the
issuance of building permits.
15. A Storm Water Pollution Prevention Plan (SWPPP) is required for this project. The
SWPPP shall be approved prior to issuance of building permits.
16. The project's Hydrology and Hydraulics shall be approved prior to issuance of building
permits.
17. The final map for PM 19325 shall be recorded prior to issuance of building permits.
18. All rights of vehicular ingress/egress shall be dedicated, except at approved entrances,
from the following streets:
i) Highland Avenue
ii) Arden Avenue
19. As set forth in the Mitigation Monitoring and Reporting Program (MM/RP), the
following traffic-related improvements shall be provided as mitigation for project
impacts:
i) Sterling Avenue/Highland Avenue (Weekend Peak Hour): Intersection
timing splits shall be optimized. Optimize the timing to account for
additional project traffic. Adjust the coordination timing accordingly prior
to Certificate of Occupancy.
ii) I-210 Westbound Off-Ramp at Highland Avenue (AM and Weekend Peak
Hour): The applicant shall work with Caltrans staff to optimize
intersection timing splits prior to issuance of Certificate of Occupancy,
subject to Caltrans approval.
iii) I-210 Westbound On-Ramp/Arden Avenue at Highland Avenue(Weekend
peak hour): The northbound middle-through lane shall be changed to a
2012-111
GPA 11-031 TPM 193251 CUP 11-08
PC Hearing Date:May 23,1012
Page 4
left-turn lane to increase left turn capacity per cycle. The current
northbound right turn lane shall become a through/right-turn lane. All
improvements shall be completed prior to issuance of Certificate of
Occupancy, subject to Caltrans approval. The applicant's fair share
contribution toward the 'construction of these improvements has been
established by the approved Traffic Impact Study prepared by Fehr &
Peers to be 30%. Actual costs of construction in excess of 30% may be
applied toward the project's fair share contributions for future
improvements, as identified in the project's traffic analysis and listed in
MM/RP TC-1 through TC-9.
iv) Highland Avenue and Victoria Avenue (Weekend peak hour) intersection
timing splits shall be optimized prior to issuance of Certificate of
Occupancy.
V) I-210 Eastbound Off-Ramp & Highland Avenue, I-210 Westbound On-
Ramp/Arden Avenue/Highland Avenue and I-210 Eastbound On-
Ramp/Arden Avenue shall be interconnected and coordinate them to
coordinate the southbound, northbound and southbound approaches and
"hold" the queue at the upstream intersection. The coordination shall be
completed prior to issuance of the Certificate of Occupancy, subject to
Caltrans approval.
vi) Traffic impacts requiring,mitigation at Future Year Buildout (2030), as
listed in the MMRP TC-1 through TC-9, will require a fair share
contribution payment prior to issuance of permits. This fair share
contribution has been estimated to be$113,320. Excess contribution made
by the construction of the improvements at 1-210 Westbound On-
Ramp/Arden Avenue at Highland Avenue may be applied toward the
project's fair share contributions for future improvements, as identified by
the project's traffic analysis, as set forth in Condition 19 (iii). Final
reconciliation of the fair share contribution shall be made at issuance of
the Certificate of Occupancy, based on actual cost of construction of the I-
210 Westbound On-Ramp/Arden Avenue at Highland Avenue
improvements.
20. The 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.
End of Conditions of Approval