Loading...
HomeMy WebLinkAbout07.C- Community Development © O RESOLUTION(ID# 1766) DOC ID: 1766 B CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION CPublic Hearing From: Margo Wheeler M/CC Meeting Date: 04/16/2012 Prepared by: Shirley Robinson, (909) 384- 5057 Dept: Community Development Ward(s): 5 Subject: Resolution Approving a Development Agreement Regarding the 404-Acre University Hills Development to Implement the University Hills Specific Plan, Generally Located Northwest of the California State University at San Bernardino Campus Between the Northern Termini of Campus Parkway and Little Mountain Road. Financial Impact: There will be significant property tax accrual to the City upon project completion. Motion: Continue the matter to May 7,2012. Svnoosis of Previous Council Action: • November 1, 2005 Mayor and Common Council adopted the City's General Plan and University District Specific Plan by Resolution 2005-362. This document can be accessed on the City's website at the following address: http://www.ci.san- bemardino.ca.us/pdf/DevSvcs/General%20PIan%20Document.pdf. • November 17, 2008 Mayor and Common Council approved the Final Subsequent EIR for the University Hills Specific Plan,Tentative Parcel Map 18969 and TTMs 18140 and 18696. This document can be located on the City's website, located at the following address: http://www.ci.san- bemardino.ca.us/cityhalUcommunity_developmenUplanning/planning_documents.asp Back round The proposed development agreement (DA) addresses the State and City required elements of DAs including duration, permitted uses, density, maximum height and size of proposed buildings,provisions for the reservation or dedication of land for public purposes,provisions not permitting protection from future fee increases, provisions for tiered amendment review and provisions for a health and safety exception. Optional conditions,terms,restrictions, and timing requirements including phasing among others Updated:4/1112012 by Linda Sutherland B Packet Pg.867 o a 1766 are allowed and included. Setting& Site Characteristics The University Hills Site Plan encompasses 404.3 acres. It allows 980 residential units in the following densities: 14 acres,up to 3.1 u/a, 37 units 10 acres,up to 9 u/a, 70 units 30 acres,up to 17 u/a, 358 units 31 acres,up to 20 u/a, 51.5 units 10 acres,parks/club house 308 acres, open space and roads California Environmental Quality Act(CEQA) Utilize certified EIR for University Hills Specific Plan SCH#2007071155. Analysis Over the course of the past year, City staff has met regularly with the developer and his representatives regarding the terms of the proposed Development Agreement. San Bernardino Municipal Code 19.40 requires a public hearing before the Planning Commission for a recommendation to approve,conditionally approve or disapprove prior to a public hearing for final decision before the Mayor and Common Council. The following required elements,which are not addressed elsewhere in this report, are: Duration of agreement: 20 years; performance requirements at 5 years,annual reviews. Permitted uses and density of uses: Pursuant to Figure 2-9,pp. 2-31 of the University Updated:4/11/2012 by Linda Sutherland B o 1766 Hills Specific Plan. (Attached as Exhibit H) Maximum height and size of uses: Pursuant to Table 3-3. (Attached as Exhibit I.) Provision for reservation or dedication of land for public purposes: See Figure 2-9 (Attached as Exhibit H). Key provisions of the agreement regarding land use include requiring infrastructure improvements in the initial phase and development of single family and park prior to multi- family(except student or senior) in each of three subareas. The following tables and figure will be added to the development agreement as Exhibits H,I,J and K in order to fulfill the requirements of State and municipal codes. Add: Figure 2-9 UH Land Plan Table 3-3 UH Development Standards Table 3-4 UH Development Standards Table 3-5 UH Development Standards Provision for not permitting protection from future increases in development fee: The fees for the first 504 single family dwelling units shall he consistent with the Paradise Hills fee schedule. From the 505`"unit the current fee schedule under the jurisdiction of the Mayor and Common Council will be used. Impact fees shall remain unchanged for 10 years after the effective date of the agreement and then adjust upward 2%per year. Provision for tiered amendment review procedure: Section 7.2.1-7.2.3 delineates appeal authority for the Director, Planning Commission and Mayor and Common Council. Provision for health and safety exception: Section 1.2 contains language with regard to this provision. The additional permissive contents include the timing requirement discussed previously and acknowledgement that subsequent discretionary actions shall not prevent development pursuant to existing land use categories. C Updated:4/11/2012 by Linda Sutherland B 0 0 1766 Findings of Fact 1. The Development Agreement is consistent with the General Plan and in that changes to The Development Agreement land uses as approved in the University Hills Specific Plan allow densities allowed by the 2005 San Bernardino General Plan. 2. The Development Agreement is consistent with any applicable Specific Plan. The Development Agreement is implementing all requirements of the University Hills Specific Plan,portions of which are attached to the Development Agreement as Exhibits. 3. The Development Agreement is consistent with the Development Code. The Development Agreement does not allow any uses or set standards outside of those allowed by Title 19 of the San Bernardino Municipal Code. 4. The Development Agreement will promote the welfare and public interest of the city The Development Agreement allows for the orderly development of varying densities of development, while maintaining 58% of the site undeveloped and creating ten acres of parks and recreation space. Public Hearing Notice: Notice of the public hearing of this item was published on Friday, April 6, 2012, and the official notices were placed in the mail on Wednesday,April 4, 2012. City Attorney Review: Supporting Documents: DA1201reso.mcc (DOC) UH Development Agreement 2012 03 05 RI(DOC) Attachment 2 -DA exhibits (PDF) Attachment 3 -Agreements (PDF) Attachment 4 - 03-28-12 PC Stf Rpt (PDF) Attachment 5 - 03-28-12 Draft PC Minutes (PDF) Attachment 6 - EXPIRATION OF 91-03 DEVELOPMENT AGREEMENT (DOC) Updated:4/11/2012 by Linda Sutherland B Page 4 CI by', Enie►ed Info 911 by: AgenFrom: Rieth,Carrie Hemphill (mailto:crieth @calstate.edu) by: Sent: Wednesday, December 16, 2009 3:15 PM C%f To: William C. Holzwarth 111 aldino Subject: University Hills--Access Coy ai San Bem Bill, CSUSB acknowledges the owner's denial of access to the property and has notified appropriate university personnel to remain off of the property until the parties are able to reach agreement on this issue. Thanks, Came Carrie Hemphill Rieth University Counsel California State University-Office of General Counsel 401 Golden Shore,4t°Floor Long Beach, CA 90802 t. (562)951-4500 f. (562)951-4956 crieth(a),calstate.edu