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HomeMy WebLinkAbout06.A- Community Development RESOLUTION (ID # 1999) DOC ID: 1999 A CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Public Hearing From: Margo Wheeler M/CC Meeting Date: 08/20/2012 Prepared by: Aron Liang, (909) 384-5057 Dept: Community Development Ward(s): 3 Subject: A Resolution of the Mayor and Common Council of the City of San Bernardino Adopting General Plan Amendment No. 11-05 to Amend the Land Use District of Approximately 10.23 Acres from Residential Urban (RU) to Industrial Heavy (IH), and Approving Conditional Use Permit No. 11-16 to Establish an Auto Dismantling and Salvage Yard with Retail Parts Sales on 10.23 Acres Located at the South Side of Walnut Street Opposite of Artesian Avenue. Financial Impact: Increased property tax and sales tax of an undetermined amount to accrue to the City. Mayor to open the hearing. . . Motion: Close the hearing; and adopt Resolution to: Adopt the Mitigated Negative Declaration and Mitigation Monitoring/Reporting Program (Exhibit C), and approve General Plan Amendment No. 11-05 and Conditional Use Permit No. I I- 16, based on the Findings of Fact contained in the Planning Commission Staff Report dated July 25, 2012 (Attachment 2) and subject to the amended Conditions of Approval (Exhibit B). Synopsis of Previous Council Action: April 2, 2007 - The Mayor and Common Council approved General Plan Amendment No. 06-01, Tentative Tract Map No. 17754 (Subdivision 06-06) and Development Permit Type 3 No. 06-05 to amend the land use designation of approximately 10.23 acres from III to Residential Urban (RU) and construct 48 single-family homes with a minimum unit size of 1,826 square feet. Background: On July 25, 2012, the Planning Commission unanimously recommended that Mayor and Common Council approve General Plan Amendment No. 11-05 and Conditional Use Permit No. 11-16, to amend the land use district of approximately 10.23 acres from Residential Urban (RU) to Industrial Heavy (IH) and a Conditional Use Permit to establish an auto dismantling and salvage yard with retail parts sales on 10.23 acres located at the south side of Walnut Street opposite of Artesian Avenue(Location Map -Attachment 1). During the Planning Commission hearing, there were two speakers from the City of Colton from the Development Services and Public Works Departments who expressed general concerns regarding drainage issues due to an active well owned by the City of Colton located approximately 250 feet from the project site. However, no specific formal comments have been submitted by the City of Colton. Planning staff and the project applicant's representatives will be meeting with the City of Colton and its representatives on August 15, 2012, to address water Updated: 8/14/2012 by Shirley Robinson A 1999 quality management plan (WQMP),best management practices (BMPs) and drainage issues. The Planning Commission had questions regarding storage and noise which were answered by the applicant. Conditions are included regarding the private pocket park, security and business hours. The Planning Commission added conditions regarding fencing at the site. 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 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 July 25,2012 3. Draft Planning Commission Minutes Resolution Exhibit A- Land Use Map Exhibit B -Conditions of Approval, Amended Exhibit C -Mitigation Monitoring and Reporting Program City Attorney Review: Supporting Documents: Attachment 1 - Location Map(DOCX) Attachment 2 -PC Staff Report 7.22.12 (PDF) Attachment 3 -PC Minutes 07.25.12 Draft (DOC) reso 1999 (PDF) Reso Exhibit A - Land Use Map (DOCX) Exhibit B -Conditions of Approval amended (DOC) Exhibit C - Apple Auto MMRP (DOC) Updated: 8/14/2012 by Shirley Robinson A 6.A.a ATTACHMENT 1 — LOCATIONIZONING MAP CITY OF SAN BERNARDINO PLANNING DIVISION PROJECT: GPA11-05 1 CUP11-16 HEARING DATE: 812012012 NORTH �f r IRS lily j .- y E 0 5 r , � a Q a _ z r a r � PUWO dtffs EL Owned Fl WV,dn ° 9 z RU .N " a RU ' 4 _.._.._.._ t0 RR IH PROJECT SITE J r C E V a d c E s v NOWt .s OFCOLTON Copyright II Packet Pg. 12 O PLANNING COMMISSION STAFF REPORT CITY OF SAN BERNARDINO PLANNING DIVISION c CASE: General Plan Amendment No. 11-05 and Conditional Use Permit No. 11- m 16 E N AGENDAITEM: 3 a HEARING DATE: July 25, 2012 0 WARD: 3 a d APPLICANT: OWNER: a Ricardo Vallejo San Marcos South LLC Apple Auto Dismantling c/o: Tom Mungari r° 2701 Anaheim Street 10702 Hathaway Drive,No. 1 Wilmington, CA 90744-4047 Santa Fe Springs,CA 90670 Q. 562.436.0874 562.777.7807 L) 0 REQUEST/LOCATION: A request to amend the land use district of approximately 10.23 a acres from Residential Urban (RU) to Industrial Heavy (IH) and a Conditional Use Permit to t7 establish an auto dismantling and salvage yard with retail parts sales on 10.23 acres located at the south side of Walnut Street opposite of Artesian Avenue. (Refer to Attachment A). N Assessor Parcel Numbers: 0274-031-17, 18, 19 and 20 N r CONSTRAINTS/OVERLAYS: o a Alquist-Priolo Zones in ENVIRONMENTAL FINDINGS: a ❑ Exempt from CEQA N ❑ No Significant Effects d ❑ Negative Declaration E ® Mitigated Negative Declaration with Mitigation Monitoring/Reporting Program a STAFF RECOMMENDATION: m E ® Approval ® Conditions 2 ❑ Denial a ❑ Continuance to: Packet Pg. 13 GPAll-06 and CUPI1-16 PC Meeting Date. 7-15-11 Page 1 PROJECT DESCRIPTION The applicant requests approval of the following: No. 11-05 under the authority of Development Code § & n ral Plan Amendment GPA Y Gee ( ) � - 19.50.030 to amend the land use designation of approximately 10.23 acres located at the south - side of Walnut Street opposite of Artesian Avenue from Residential Suburban (RU) to Industrial M E Heavy(IH). a 0 Conditional Use Permit No. 11-16 under the authority of Development Code § 19.36.050 to 0 establish an auto dismantling and salvage yard with retail parts sales (Refer to Attachment A). a d CL The applicant proposes to establish an auto dismantling and salvage yard operation. Other a a activities associated with the development proposal include grading and extension of utilities to the site (Refer to Attachment B). a SETTING/SITE CHARACTERISTICS The project site consists of four individual parcels totaling 10.23 acres and is partially occupied q by two single family structures which will be demolished to accommodate the proposed project. a Table 1: SITE AND SURROUNDING LAND USES rn rn LOCATION LAND USE GENERAL PLAN N N N Subject Site 2 Single-Family Dwellings Residential Urban (RU) 0 North a Across Walnut Street Mobile Home Park RU w w m South Vacant lot Industrial Heavy(IH) in U CL East Vacant lot IH N c West Auto wrecking Yard IH d E L U A PROJECT HISTORY/BACKGROUND a C • February 6, 1967-Permits issued for a single family structure at 1611 W. Walnut E r Street. • December 12, 1978-Permits issued for a mobile home at 1501 W. Walnut Street. Q • November 1, 2005 - The Mayor and Common Council adopted Resolution No. 2005-362 which adopted the Updated General Plan that designated the subject property as Industrial Heavy(IH)land use district. • December 5, 2005-San Marcos LLC acquired the subject site. Packet Pg. 14 GPA 11-06 and CUP]1-16 PC Meeting Date: 7-25-12 Page 3 • April 2, 2007 — The Mayor and Common Council approved General Plan Amendment No. 06-01, Tentative Tract Map No. 17754 (Subdivision 06-06) and Development Permit Type 3 No. 06-05 to amend the land use designation of approximately 10.23 acres from III to Residential Urban (RU) and construct 48 single-family homes with a minimum unit size of 1,826 square feet. o • September 19, 2011 -GPA 11-05 and CUP 11-16 applications were submitted. • May 7, 2012—A proposed Mitigated Negative Declaration was submitted. • May 24, 2012 - The Development/Environmental Review Committee met and 0 recommended that the project be moved to the July 25, 2012 Planning i5 0 Commission hearing. _ • June 12,2012—The applicant submitted revised plans. a a ANALYSIS a Apple Auto Dismantling has been operating an auto dismantling and salvage yard at 1941 W. 4" Street in the IH district for nearly 20 years. The proposed expansion of auto dismantling a operation on Walnut Street would promote business retention and expansion within the City and U the sites are approximately two miles from each other. o r The project site consists of four individual parcels of approximately 10.23 acres and the site a contains two single-family structures. The majority of the site (approximately nine acres) has a. 0 o historically been vacant. The two single-family structures would be demolished to accommodate the proposed project. Additionally, the subject area consists of a mix of industrial uses and residential neighborhoods with some vacant land. The proposed General Plan Amendment(GPA) will not disrupt or divide N the physical arrangement in this part of the City and is needed to accommodate the proposed i project. The proposed GPA would revert the project site back to its previously adopted land use o designation of Industrial Heavy (IH). The proposed IH district would be consistent and compatible with the properties abutting the subject site to the east, south and west. The proposed w land use designation would not conflict with the General Plan or the analysis in the General Plan Environmental Impact Report SCH No. 2004111132. a i The proposed development would be developed in two phases. Phase I would include i construction of a 7,500-square foot building for office, retail automobile repairing, a 2,500- E I square foot shed structure for covered storage, and open storage to accommodate up to 420 cars. s Phase I also includes a 10,150-square foot private pocket park located at the northwest comer of m 3 the project site. The pocket park would be landscaped with turf and constructed with decorative paving and seating. Phase II would expand the operation to include an additional 7,500-square foot building for office, retail automobile servicing and open storage to accommodate up to 386 E cars. v The proposed project will provide employment opportunities for residents and will improve the appearance the project site with architectural design that complies with the industrial architecture © design guidelines in Chapter G19.08 (9) of the Development Code. The following site design discussion illustrates compatibility of the project with the surrounding neighborhood. a I i Packet Pg. 15 i GPA11-06 and CUPI1-16 PC Meeting Date: 7-25-12 Page 4 Parkin The site plan has been designed to provide adequate parking stalls at a ratio of 1 stall per 300 square feet of gross building area plus one space for every 10,000 of gross yard area. Section 19.24.040 of the Development Code requires a minimum of 71 parking spaces for this project, & and the proposed site plan meets that standard with 74 stalls. S c m Architecture E The proposed building has been designed with a modern architectural style, and fagades will be o articulated on all sides and through the use of different materials including CMU block and 0 stucco in neutral shades of gray. Roofline treatment will be metal roof panels with stucco finish Q to match the elevations. Storefronts will be articulated with eyebrow, aluminum framing, and a a tempered glazing. Q Landscaping The proposed landscaping will include 25 trees (24" and 36" boxes of various species including a Magnolia, Sweet Bay, River Birch, and Purple Robe Locust), various shrubs, vines, ground cover and decorative hardscape and paving. The conceptual landscape plan provides 16% (75,000) of on-site landscaping which includes the private pocket park and complies with the ° Development Code requirements pursuant to Chapter 19.28, Landscaping Standards. a a The pocket park will be maintained by the applicant and the maintenance requirement has been incorporated as part Condition of Approval No. 8. m 77. Operating Characteristics The hours of operation for the proposed project are expected to be regular business hours from N N 7:00 a.m. to 5:00 p.m., Monday—Saturday. r 0 The project site provides adequate on-site circulation and would comply with the IH land use m regulations and development standards of the Development Code, as indicated in the following Table 2: y U a N C N E S U A Q C d E r U W Q Pack.t Qg, 16 i GPA11-06 and CUPII-16 PC Meeting Date: 7-25-12 Page 5 V TABLE 2: PROJECT COMPLIANCE WITH DEVELOPMENT STANDARDS STANDARD DEVELOPMENT CODE PROPOSAL c c m Building Coverage 75%maximum 5% N 'o 0 Parking 94 stalls 94 stalls a 15%of parking area d 16% (445,618 square feet) a Landscaping (8,950 square feet) (53 trees) a 53 trees) Front: 10 feet Front: 25 feet r Setbacks Street Side: 10 feet Street Side: 10 feet Rear: 10 feet Rear: 10 feet D U Building Height 45 feet 25 feet c T /►''� CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) ( j The project is subject to the California Environmental Quality Act (CEQA). An Initial Study \rr/ M (available on the City's web site at www.sbcity.ar* — see "How do I..." and "Locate..." and click Planning Documents) was prepared by Hogle-Ireland Inc. and circulated for a 20-day N public review period from May 29, 2012, to June 20, 2012, pursuant to the provisions of CEQA. N No comments were received. The Final Initial Study proposes a Mitigated Negative Declaration, N CN including Mitigation Measures detailed in the Mitigation Monitoring/Reporting Program o (Attachment D). w FINDINGS OF FACT—GENERAL PLAN AMENDMENT m to U 1. The proposed amendment is internally consistent with the General Plan. a N The proposed amendment to change the land use designation of approximately 10.23 acres from RU to IH is needed to accommodate the proposed auto dismantling and salvage yard operation. E The change in designation is consistent with the land use pattern occurring in this part of the City to the east, west and south in the IH land use district. The proposed use would be similar to a adjacent auto wrecking uses to the west and northwest of the project site. The proposed amendment will not result in the loss of significant amounts of residential land, and will be E consistent with the development patterns along Walnut Street. R Further, the project will be consistent with the following General Plan policies: Packet Pg. 17 GPA11-06 and CUP]1-16 PC Meeting Date: 7-25-12 Page 6 Policy 4.1.1 states: "Proactively seek out and retain businesses that create jobs and generate sales tax revenue". The subject auto dismantling and salvage yard operation will establish a new industrial use that will provide employment opportunities for 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 one-story retail industrial buildings will be r consistent with the surrounding one-story industrial building theme on Walnut Street to the west. £ The proposed neutral shades of gray and roofline treatment with metal panels with stucco finish o on the buildings will improve the appearance of the project site and will provide an enhancement 2 to the area. a Q a 2. The proposed amendment would not be detrimental to the public interest, health, safety, a convenience, or wejare of the City. o The proposed amendment does not cause changes that would be detrimental to the public a interest, health, safety, convenience, or welfare of the City. The amendment from RU to IH for D 10.23 acres would facilitate and accommodate the development of an industrial use on an in- 9 industrial property. 3. The proposed amendment maintains the appropriate balance of land uses within the City. O The proposed amendment is consistent with the General Plan as described above and would maintain the appropriate balance of land uses within the City. The property designation of RU is not conducive for a residential development as the site is surrounded by industrial uses. The N proposed amendment will promote an industrial use, compatible with other industrial uses N adjacent to the west on Walnut Street and encourage business retention within the City. 0 4. The subject parcel is physically suitable (including, but not limited to, access, provision of' m utilities, compatibility with adjoining land uses, and absence of physical constraints)for the of requested land use designation and anticipated land use development. U) U All agencies responsible for reviewing access, and providing water, sanitation and other public tL services have had the opportunity to review the proposal, and none have indicated an inability to N serve the project site considering the change in land use designation. All required utilities and public services can adequately serve the site. s R FINDINGS OF FACT—CONDITIONAL USE PERMIT 1. The proposed development is conditionally permitted in the subject zoning district and complies with all applicable provisions oj'the Development Code, including prescribed site development standards and any/all applicable design guidelines. :? a The proposed project is conditionally permitted under the IH land use classification, and the proposed project and its proposed on-site improvements related to vehicular access and circulation, water supply, drainage and wastewater conveyance will improve the appearance of Packet Pg. 18 6.A.b GPA 11-06 and CUP]1-16 PC Meeting Date: 7-25-12 Page 7 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 staff report. Therefore, the proposal would not impair the integrity and character of the subject land use district. it 2. The proposed development is consistent with the General Plan. c m As noted above in GPA Finding No. 1, the proposed project is consistent with several General w Plan goals and policies. The Land Use Element (Table LU-2) of the City of San Bernardino 0 General Plan describes the Industrial Heavy land use district as allowing "(a) variety of industrial 5 uses, including warehousing/distribution, assembly, light manufacturing, research and development....... at a range of intensities to meet the demand of current and future residents. a Land Use Policy 2.2.1 requires compatibility between land uses and quality design. General Plan a Policy 4.1.2, states: "proactively seek out and retain businesses...., including: attracting industrial and manufacturing users." The proposed project will implement these General Plan goals and policies. a D 3. Approval of the Conditional Use Permit for the proposed development is in compliance with M the requirements of the California Environmental Quality Act and Section 19.20.030(6) of ° the Development Code. a a © Approval of CUP No. 11-16 is in compliance with the requirements of the California c7 Environmental Quality Act (CEQA) and Development Code Section 19.20.030 (6) pertaining to rn 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. Potentially significant impacts identified in the Draft Mitigated Negative Declaration will be less N than significant with implementation of the proposed mitigation measures in the Mitigation Monitoring/Reporting Program in Attachment D. o CL CD 4. There will be no potential significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored. U As noted in CUP Finding No. 3, the proposed project complies with CEQA and Development n Code requirements related to environmental review and protection of sensitive natural resources. w Evidence and analysis in the Draft Mitigated Negative Declaration demonstrates that all r potentially significant environmental impacts of the project will be mitigated to less than r significant levels by implementation of the recommended mitigation measures in Attachment D. 5. The location, size, design, and operating characteristics of the proposed use are compatible with the existing and future land uses within the general area in which the proposed use is to E be located and will not create significant noise, traffic or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity or adverse to the w public interest, health, safety, convenience, or welfare of the City. a The proposed project would conform to all applicable development standards and land use regulations of the IH land use district, as illustrated in Table 2 above. Therefore, the design of the Packet Pg. 19 GPA11-06 and CUPII-16 PC Meeting Date: 7-25-12 Page 8 © project, in conjunction with the recommended conditions of approval, will ensure that the project would not create significant noise, traffic, or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity of the site, nor would it be adverse to the public interest, health, safety, convenience or welfare of the City. The location, size, design and character of the proposed project will enhance the operation, to the benefit of the c public interest and general welfare of the City. _ c M 6 The subject site is physically suitable for the type and density/intensity of use being proposed. N 0 The project site is physically suitable for dismantling and salvage yard operation, developed at ° the density proposed by CUP No. 11-16, as evidenced by the project's compliance with all applicable Development Code Standards noted in Table 2 above. There are no physical a constraints that would limit development and expansion of an auto dismantling and salvage yard a operation on the site as proposed. Therefore, the site is physically suitable for the proposed project. 7. There are adequate provisions for public access, water. sanitation, and public utilities and D services to ensure that the proposed use would not be detrimental to public health and safety. U 0 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 Q. 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 safety. rn CONCLUSION N The project proposal satisfies all Findings of Fact required for approval of General Plan Amendment No. 11-OS and Conditional Use Permit No. 11-16. 0 o. Q) W RECOMMENDATION w w A h U Staff recommends that the Planning Commission recommend that the Mayor and Common a Council: c d 1. Adopt the Mitigated Negative Declaration and Mitigation Monitoring/Reporting Program L (Attachment D), and a 2. Approve General Plan Amendment No. 11-06 and Conditional Use Permit No. 11-16 based on the Findings of Fact contained in the Staff Report and subject to the Conditions E of Approval (Attachment Q. L U m 1 Packet Pg. 20 GPA11-06 and CUPII-16 PC Meeting Date: 7-25-12 Page 9 Respectfully Submitted, Aron Liang Senior Planner r m Approved for Distri ion: T) N O o M.'Mar Wheeler AICP ° g a Community Development Director Q Attachments: A. Location and Aerial Maps a- B. Project Plans Date Stamped June 12, 2012 U C. Conditions of Approval iii 0 D. Mitigation Monitoring/Reporting Program r E. Public Hearing Notice a c� m rn N N N r r CL m K w R N V a N C d E L U A Q r C1 E t U Q O Packet Pg. 21 6.A.b ATTACHMENT A - LOCATION/ZONING MAP CITY OF SAN BERNARDINO -Aa PLANNING DIVISION PROJECT: GPA 11-05 & CUP 11-16 HEARING DATE: 712512012 NORTH r R E N_ O RIALTO AVENUE a d a Q a T a U r a a Q, m rn - r j' N 7 N N r r UT STREET v Project site -7-- a L � � a U kwMft Aorr Copyright MILL STREET ■ I =r—Packet Pg. 22 _ ill ATTACHMENT A - LOCATION/ZONING MAP CITY OF SAN BERNARDINO PLANNING DIVISION PROJECT: GPA 11-05 & CUP 11-16 HEARING DATE: 7/25/2012 �'�oee) 0 255 510 c w ! li m E N_ D 0 i d CL CL Q RIALTO a ■ C? Q a m m N r N N Z h Z 0 Wc 7 OREGON 2 R U) U WALNUT a w a N c C7 ? E BIRC Pro ect Site J r a POPL y I v OAK a t � i.� CHEST MILL MILL Packet Pg.23 CITY OF - • • PLANNING DIVISION - • HEARING DATE. 712512012 r 9 'iiX*• � t� r { 4 > t w +p 1 YM ..:�.`.a. �'.. ttt;. fro Project site AN 1 r d i ti N r `r' A .x. i r a�aaoauaaoaaTTl vo'orilaaONI Sb311NVWSIG oinv 1 ATTACHMENT V y¢ aA e3aLq aG ! de a a ? 3 $ i di a N IM a 3Y3 9 d Z V I �g �a PiC 6 1 RR tgt Y09 iGda � 3 gi ' F ! Ar a5 3 " ZI T p [[ubml [' nr mwuwv z � ' 8 ? d9fyg55a1 1w I A YY ii� d d� gQ¢ 5 I t ®I155'ty k ! 4 4 5 1 e $ > C our p Q Ad GY e' 65 QY AYp F Sir YT ByG°gr 6y Fg g$ Q 2 ° vl "�@' d yyyl efs36- °E A GnG YbASe eg vFF i a S O Z dba 's„ Gp °�p s.. FF9gg 6 0 �Q t9 d4'Qb @: iY d9YQLRiQ� S @Jx �YA w9c!°FY P ]gf '99C�' 3 M Q l Q y r y g 3 d 3 weld 8! •0 eygyyai4zv 8{ i. - gg 9b•YY ht wgq8 'dbAg/�4eQgqn b: gyI Ybq°-lsib p gg §ai C pv Pa lwdG g7 w 9 3 N H ! 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C u 9 Q f � rc :'J I11 j aF �i c� t--Y -'—"r �-:9i;`•# 4 w"°b' � . w4 � Q a I 1 ) i Wi 92 V 1 aaaao la vO'oNiaaONI S8311NVWSIG OlfIV 31ddV i" °�liQ� Z Y K I � Z 5 � 0000a000ao �� R E N_ O 3 Q N Q 2 S7- J Q a y ( Q r V� l„- at d o- D U N Q rm� � a a) - -... r4J ell m N U a N C g O E L 0 � 1 C I I L © w ^ k w w o a 009 I I �� ; � z I `..1 uo+r.bw w.u!uww+mrwwox.+ cl Of311VA 008V01883NM0 gg 3anioailwoar VO'ONIOSVNN39NVS'HinOS13381S10NlVML191'1SSI E, ^li aaaa � '3NI Sa311NVWS1a oiny 31ddV CL 6T D-M f—M J-Y YA 2`Y b it pp p a N >• '� C pp EI � o � y S i Ut Q �. Q 0 Q I I � ggqTTT � I 91 N VI fill yy 63y N d 1 r, I I J'R t 5 z 3 Ins g � S r . .. .... ... Packet Pg. 27 6.A.b dtNaomlVO•oNwaVNa3e NVS ! ! j� N1005133N1SII1NlVM IM'LSSL NWd3dVBSONVIIVO1d3ON00 E�9 'ONI Stl311N"SIU O10V 3lddV 1 ! 6 ! ='sv [ N R r--. E I � sj000000 CL CD � It a w � i N n Iy� {j U a I ! E all g Li t �� 9I I0 Packet Pg.28 6.A.b ATTACHMENT C © CONDITIONS OF APPROVAL Conditional Use Permit 2 No. 11-16 1. All development shall be in substantial conformance to submitted plans date stamped June 12, 2012. ° c 2. Within two years of Conditional Use Permit approval, commencement of construction m shall have occurred or the permit approval shall become null and void. In addition, if E N 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 Permit does not authorize commencement of construction. All necessary permits must be obtained prior to commencement of specified construction activities included in the o a Conditions of Approval. a Expiration Date: 2 years from approval date of the GPA CL 3. In the event this approval is legally challenged, the City will promptly notify the U 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 City of San Bernardino (City), any departments, agencies, divisions, boards or a commission of the City as well as predecessors, successors, assigns, agents, directors, O elected officials, officers, employees, representatives and attorneys of the City 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. N The costs, salaries, and expenses of the City Attorney and employees of his office shall a be considered as "attorneys fees" for the purpose of this condition. As part of the d of consideration for issuing this Conditional Use Permit, this condition shall remain in effect if the Conditional Use Permit is rescinded or revoked, whether or not at the request of applicant. a 4. Prior to occupancy of any building, the applicant must post a bond to guarantee N maintenance and survival of project landscaping for a period of one year pursuant to Section 19.30.230. 5. The property owner(s), facility operator and property management will be responsible for regular maintenance of the site. Vandalism, graffiti, trash and other debris must be removed within 24 hours of being reported. E L V 6. Signs are not approved as a part of this permit. Prior to establishing signs, the applicant =° must submit an application for approval by the Planning Division. a C Packet Pp. 29 I Conditions of Approval GPA 11-06&CUP 11-16 O PC Date:July 25,2012 Page 2 7. Development of the project is subject to the attached mitigation measures in the Mitigation Monitoring/Reporting Program (MM/RP), incorporated by reference in these Conditions of Approval. rn c 8. The private pocket park must be installed with landscaping and irrigation in accordance with the conceptual landscape plan date stamped June 12, 2012, and must be maintained E by the applicant. The private pocket park must be gated. A 6-foot wrought iron fence N 0 must be installed along the northerly and westerly property boundaries. The private park o must be open to the public during normal business hours and locked and secured after a business hours. CL CL 9. Business hours of operation are limited to 7:00 a.m. to 5:00 p.m., Monday—Saturday. a 10. The traffic route to the subject site must be Rialto Avenue to Muscott Street to Walnut Street. Operator shall inform all delivery companies of these restrictions. U 11. The Full-Categorical Water Quality Management Plan (WQMP) must be approved prior o 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 (SWPPP) will be a required prior to the issuance of permits. A "Notice of Intent (NOI)" must be filed with c9 the State Water Resources Control Board and a copy must be provided. rn rn 12. The detention basin must be designed in accordance with "Detention Basin Design Criteria for San Bernardino County." Double Ring Infiltrometer testing is required at N each location of infiltration and must be performed at the elevation of infiltration. N r r 13. An Erosion Control Plan is required to be submitted with the grading plan for review and a approval by the Director of Community Development prior to issuance of the grading permit. a7 14. The applicant must obtain a Grading Permit and submit a Grading Bond. Prior to a issuance of a Grading Permit, the applicant must submit for review and approval a Grading and Drainage plan signed by a Registered Civil Engineer. The applicant must obtain an On-Site Improvement Permit. Prior to issuance of an On-Site Improvement E Permit, the applicant must submit for review and approval an On-site Improvement Plan signed by a Registered Civil Engineer. The on-site plan may be incorporated with the grading plan. c d 15. A reciprocal agreement must be recorded prior to Certificate of Occupancy to address E reciprocal drainage, access, and/or parking that is proposed to cross lot lines. 16. The existing half-width right of way on Walnut Street is shown as 30 feet. The ultimate half-width right-of-way on Walnut Street is 34 feet. A right-of-way dedication of four feet is required. Packet Pg. 30 Conditions of Approval CPA 11-06&CUP 11-16 PC Date:July 25, 2012 Page 3 17. The applicant must submit an Off-site Improvement Plan prepared by a Registered Civil Engineer for approval by the City Engineer. The following improvements must be shown on the plan: rn i. Close all existing driveway approaches on Walnut Street that are not a part of the approved site plan and replace with curb, gutter and sidewalks according to City standards. E 0 ii. The overhead utility lines along Walnut Street must be o undergrounded. ¢ d iii. Walnut Street must be rehabilitated to centerline along the project C frontage. 18. The applicant must submit a final Landscape and Irrigation plan for review and approval IL by the Land Development Division that is consistent with the preliminary landscape plan CL dated June 12, 2012. Prior to the Certificate of Occupancy, the applicant must install all c5 landscaping and irrigation per the approved Landscape and Irrigation Plan. o r 19. Prior to application for Certificate of Occupancy, an easement and covenant must be (L executed on behalf of the City to allow the City to enter and maintain any required landscaping in case of owner neglect. The documents must ensure that, if the property Vowner or subsequent owner(s) fail to properly maintain the landscaping, the City will be 0) 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 N ordinance must be paid to the Community Development Department to cover processing N n costs. O C. 20. The applicant must submit electronic files of all public improvement plans/drawings to m the City Engineer. The files must be compatible with AutoCAD 2000, and include a .DXF file of the project. Files must be on a CD and must be submitted at the same time the final mylar drawings are submitted for approval. a 21. A Lot Merger will be required to form Parcel A as shown on the site plan. A separate Lot Merger will be required to form Parcel B a shown on the site plan. A Lot Line Adjustment will be required to adjust the line to the location shown on the site plan. All E mergers and adjustments must be completed prior to application for Certificate of o Occupancy. ¢ r c 22. A Focused Traffic Study is required for this project and must be approved prior to the m E approval of the Off-Site Improvement plans. m a End of Conditions oj'Approval O i Packet Pg. 31 6.A.b ATTACHMENT D y d F � a a ,ro q Q Y o -uF m � G F 9 a o ' 3 Q b O N O O u A m a a a u o o A .b in uvy q © O p Oi v a7 eeeppp g a G � CL v � w p 0 d a ,�. 9 u .3 •v a $ .a u .b u .0 3 R p N ❑ 5 v �� C a u a g $ a v � .n c 'a V v m n w 4 v C u i 'd u❑ ❑" T u a. u p C7 cc u a.: o > •v . � � GF v `" .e m 0 o E' Eb Q u A 'O u v OW 0, WE O 'A 'b ""y T7 d u A �CC N p 1. 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O O N 0.,wj N n QO 5TH v u L u .9 6w p Y r .Q q > o s E Q p �a ^p rmn v � v O u 'A p, ww 1p O D p'a WAG u N C 0 w w O v O v V V .d .� ;y A 7 u CO Q G w O O C0 p 1�qq C 7 'b 'y 21 0 p 5G0 p, v, m LS O O 0. v°, y .'] N V °4� E w �a .S F. .{ N Y ~ z z o Packet Pg. 37 CITY OF SAN BERNARDINO NOTICE OF PUBLIC HEARING BEFORE THE CITY OF SAN BERNARDINO PLANNING COMMISSION I SUBJECT: GENERAL PLAN AMENDMENT NO. 11-05 & CONDITIONAL USE Ward No. 3 PERMIT NO. 11-16 m PROPOSAL: A request to change the land use district of approximately 10.23 acres from Residential Urbar (RU)to Industrial Heavy(IH) and establish an auto dismantling and salvage yard with retail parts sales on 10.2= A acres located at the south side of Walnut Street opposite of Artesian Avenue. E N O O OWNER: San Marcos South, LLC Q APPLICANT: Ricardo Vallejo d a a Environmental Recommendation: Proposed Miti ated Negative Declaration Q PUBLIC HEARING LOCATION: HEARING DATE AND TIME: San Bernardino City Hall Council Chambers Wednesday, July 25, 2012 at 6:00 p.m. 300 North"D" Street v N San Bernardino,California 92418 ° You are receiving this notice because the project site described above Q is within 500 feet of your property. if you would like further a information about this proposal prior to the public hearing, please i contact the Planning Division at(909)384-5057. LIU o, rn rn You are welcome to attend the public hearing and address the Planning Commission with your comments on this proposal, or you N may submit written comments in favor of or in opposition to the proposal to the Planning Division, City Hall, 300 North "D" Street, N N San Bernardino,CA 92418. r.: C Decisions of the Planning Commission are final concerning C a Conditional Use Permits,Development Permits,Tentative Tract Maps m and Variances, unless appealed to the Mayor and Common Council. Appeals to the Mayor and Council must be made in writing, stating the grounds of the appeal and must be submitted to the City Clerk along with the appropriate fee within fifteen days of the decision. d Final review and action concerning General Plan Amendments, N Development Code Amendments, Specific Plans and Development Agreements will be made by the Mayor and Common Council. Project site d E If you challenge the resultant action of the Mayor and Common \ cc Council in court,you may be limited to raising only those issues you Q or someone else raised at the public hearing described in this notice, .. or in written correspondence delivered to the City Planning Division at,or prior to,the public hearing. E Individual testimony on agenda items will be strictly limited to three -- minutes tier person. Q rrrrrmrtrn The City of San Bernardino recognizes its obligation to provide equal access to public services to those individuals with disabilities. Please contac °acilities Services(384-5244)two working days prior to the meeting with any requests for reasonable accommodation,to include interpreters. Packet Pg. 38 6.A.c egRNnROr� John Coate,Chair Larry Heasley, Vice-Chair Jim Mulvihill Lance Durr CITY OF SAN BERNARDINO Andrew Machen Amelia S.Lopez COMMUNITYDEVELOPMENT DEPARTMENT NRCU�N Frederick Grocholski 300 North D Street, .San Bernardino, California 92418 Dan C.Jimenez Phone: (909)384-505715077 • Fax: (909)384-5080 Bob Brown,A!!. 67 C_ C PLANNING COMMISSION MINUTES £ REGULAR MEETING A JULY 25, 2012 0 VARIANCE NO. 12-03 d a CL Q GENERAL PLAN AMENDMENT NO. 11-05 AND CONDITIONAL USE PERMIT NO. 11-16 a TENTATIVE PARCEL MAP NO. 19356 (SUBDIVISION NO. 11-04) 0 a c7 m rn m 0 n '. U) N O N d 7 C U a M c m E r U R w M Q V C d E s U !D r a Page 1 of 4 07/25/2012 �^ Chair Conte called the meeting to order at 6:00 p.m. {� Commissioner Machen led the flag salute. Present: Commissioners Conte, Grochulski, Heasley, Lopez, Machen and Mulvihill. Excused: Durr and Jimenez. Absent: Brown. Staff present: M. Margo Wheeler, Community Development Director; Henry Empeno, Jr., Senior Deputy City Attorney; Tony Stewart, City Planner; Aron _`- Liang; Senior Planner; Lori Farris, Assistant Planner; and Melissa Thurman, Executive Assistant. R E ADMINISTRATION OF OATH ° 0 Aron Liang administered the oath. ¢ d CL CONSENT AGENDA: a M. Margo Wheeler, Community Development Director, recommended the meeting minutes O of June 27, 2012 for approval. a. Commissioner Mulvihill made a motion to approve the meeting minutes of June 27, 2012. M M 0 Commissioner Grochulski seconded the motion. a The motion carried by the following vote: Ayes: Conte, Grochulski, Heasley, Lopez, Machen and c� © Mulvihill.Nays: None. Abstain: None. Excused: Durr and Jimenez. Absent: Brown. PUBLIC COMMENTS - ITEMS NOT ON AGENDA w No comments. o N r PUBLIC HEARINGS N 0 3. GENERAL PLAN AMENDMENT NO. 11-05 AND CONDITIONAL USE PERMIT NO. 11-16 - A request to change the land use district of approximately 10.23 acres from Residential Urban (RU) to Industrial Heavy (IH) and establish an auto dismantling and salvage yard with retail parts sales on 10.23 acres located at the a south side of Walnut Street opposite of Artesian Avenue. M Environmental Determination: Proposed Mitigated Negative Declaration Owner: San Marcos South LLC r Applicant: Ricardo Vallejo w APN: 0274-031-17, 18, 19 and 20 ¢ Ward: 3 E Aron Liang, Senior Planner, gave a brief description of the project. a Chair Coute asked if two offices were necessary at the site. Ricardo Vallejo, Project Applicant, explained the business operations and discussed why two offices were necessary on-site. Page 2 of 4 07/25/2012 Packet Pg.40 Commissioner Lopez asked how close the project site was to residential neighborhoods. Aron Liang explained where residential neighborhoods were in proximity to the site using the location map as a guide. rn C Commissioner Lopez asked if there would be a lot of noise at the site. c R E Ricardo Vallejo said because of the size of the project site the noise would be contained. o 0 Commissioner Lopez asked if stored vehicles would be visible from the street. ¢' d a Ricardo Vallejo said no. a Commissioner Lopez asked how many emplkes were expected to be employed at the facility. a U Ricardo Vallejo said up to 25. 4Z o Vice-Chair Heasley asked if the applicant would be opposed to a condition requiring the installation of an electric fence. 0- cD m Ricardo Vallejo said no. o Mark Tomich, 650 N. La Cadena Dr. City of Colton, asked for a 30-day continuance due R to the close proximity of City of Colton utilities to the project site. ° N M. Margo Wheeler explained that the item was due to be presented to the Mayor and Common Council and four weeks would lapse before that would occur. d Tom Mungari,Project Representative, said the City of Colton was originally notified of E the project in October of 2011. L) a Nelson Miller,Project Representative explained the water quality study performed for the project and pointed out various filters and drainage systems. m E t Reggie Torres, 650 N. La Cadena Dr. City of Colton, said no technical studies were provided in 2011 and said the Water Quality Management Program was not included with the a staff report. d E Aron Liang said the documents were on the website and handed them the document. a Vice-Chair Heasley made a motion to recommend that the Mayor and Common Council adopt the Mitigated Negative Declaration and Mitigation Monitoring/Reporting Program (Attachment D), and approve General Plan Amendment No. 11-06 and Conditional Use Permit No. 11-16 Page 3 of 4 07/25/2012 Packet Pg. 41 based on the Findings of Fact contained in the Staff Report and subject to the Conditions of Approval (Attachment C), as amended. Commissioner Lopez seconded the motion. The motion carried by the following vote: Ayes: Conte, Grochulski, Heasley, Lopez, Machen and Mulvihill.Nays: None. Abstain: None. Excused: Durr and Jimenez. Absent: Brown. E 0 M.Margo Wheeler announced the project would be referred to the Mayor and Common o Council for final action on August 20, 2012. a Q NON-PUBLIC HEARING rrEMS C m DIRECTOR'S REPORT a M. Margo Wheeler announced Commissioner Mulvihill's American Planning Association U Award — California Chapter for Distinguished Leadership which would be presented to him at o state conference in October. Mario Suarez, Principal Planner, gave three presentations regarding General Plans and Zoning a laws. a) 0) ADJOURNMENT w Commissioner Mulvihill made a motion which was unanimously carried, to adjourn the o Planning Commission meeting at 8:08 p.m. The next regular meeting was scheduled for N Wednesday, August 22, 2012 at 6:00 p.m. in the Council Chambers, First Floor, 300 North"D" LO Street, San Bernardino, California. 0 N Minutes Adopted by Planning Commissioners: Date Approved: c Minutes Prepared by: U CL r> Melissa Thurman d Executive Assistant 8 s U l6 w Q C d E t U Q Page 4 of 4 07/25/2012 Packet Pg.42 t RESOLUTION NO. 2 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 4 SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 11-05 TO AMEND THE LAND USE DESIGNATION OF APPROXIMATELY 10.23 ACRES FROM 5 RESIDENTIAL URBAN (RU) TO INDUSTRIAL HEAVY (IH) AND APPROVING 6 CONDITIONAL USE PERMIT NO. 11-16, TO ESTABLISH AN AUTO DISMANTLING AND c SALVAGE YARD WITH RETAIL PARTS SALES ON 10.23 ACRES LOCATED AT THE SOUTH SIDE OF WALNUT STREET OPPOSITE OF ARTESIAN AVENUE, AND THE H s MITIGATION MONITORING AND REPORTING PROGRAM. a 0 9 5 a 10 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY n. a 1 t OF SAN BERNARDINO AS FOLLOWS: a 12 SECTION 1. Recitals. CL 13 WHEREAS,the Mayor and Common Council of the City of San Bernardino adopted the General 14 Plan for the City by Resolution No. 2005-362 on November 1, 2005; and O15 WHEREAS, the application for General Plan Amendment No. 11-05 and Conditional Use Permit a 16 No. 11-16 was reviewed under the California Environmental Quality Act (CEQA) through an Initial rn 17 Study which found no significant adverse effects on the environment after incorporation of mitigation 18 measures; and c 0 19 WHEREAS, the Mitigated Negative Declaration has been reviewed by the Environmental '> 20 Review Committee,the Planning Commission, and the Mayor and Common Council in compliance with 0) 21 CEQA and local regulations; and °' 0 22 WHEREAS, the Planning Commission conducted a noticed public hearing on July 25, 2012, in 23 order to receive public testimony and written and oral comments on General Plan Amendment No. 11- E r 24 05 and Conditional Use Permit No. 11-16, and fully reviewed and considered the Planning Division a zs Staff Report and the recommendation of the Environmental Review Committee; and 26 WHEREAS, the Mayor and Common Council held a noticed public hearing on August 20, 2012, 27 and fully reviewed and considered proposed General Plan Amendment No. 11-05 and Conditional Use C8 Permit No. 11-16, the Planning Commission and Environmental Review Committee recommendations, and the Planning Division Staff Report. t Packet Pg. 43 6.A.d 1 NOW, THEREFORE, BE IT RESOLVED, FOUND AND DETERMINED by the Mayor and 2 Common Council that: 3 SECTION 2. Mitigated Negative Declaration a A. The proposed amendment to the General Plan of the City of San Bernardino will not have a 5 significant effect on the environment with incorporation of the proposed mitigation measures, and the 6 Mitigated Negative Declaration heretofore recommended by the Environmental Review Committee as to E- 7 the effect of this proposed amendment is hereby ratified, affirmed and adopted. E 8 B. Mitigation measures identified in the Mitigated Negative Declaration have been compiled in 9 a Mitigation Monitoring and Reporting Program (MM/RP) for the project. The Mayor and Common Q d 10 Council hereby adopts the MM/RP attached as Exhibit C, and incorporated herein by reference. C 31 SECTION 3. General Plan Amendment No. 11-05 ; 12 A. General Plan Amendment No. 11-05 is hereby approved based upon the Findings of Fact a 13 contained in the Staff Report to the Planning Commission dated July 25, 2012. � w la B. The Land Use Map of the General Plan is hereby amended pursuant to General Plan 4 15 Amendment No. 11-05, to change the ]and use designation of approximately 10.23 acres from � 16 Residential Urban (RU) to Industrial Heavy (IH) in the area outlined in Exhibit A, attached and rn o� 17 incorporated herein by reference. 18 C. General Plan Amendment No. 11-05 shall become effective upon the adoption and execution o 19 of this Resolution. m 20 SECTION 4. Conditional Use Permit No 11-16 o� o 21 Conditional Use Permit No. 11-16 is hereby approved based upon the Findings of Fact m 22 contained in the Staff Report to the Planning Commission dated July 25, 2012, and subject to the 23 Conditions of Approval as recommended for revision by the Planning Commission on July 25, 2012, r 24 attached as Exhibit B to the Staff Report to the Mayor and Common Council, and incorporated herein by a 25 reference. 26 27 /// 6.A.d i" I SECTION 5. Man Notation. 2 This Resolution and the amendment affected by it shall be noted on such appropriate General 3 Plan maps previously adopted and approved by the Mayor and Common Council and which are on file 4 in the office of the City Clerk. 5 SECTION 6. Notice of Determination. 6 The Planning Division is hereby directed to file a Notice of Determination with the County Clerk c �. 7 of the County of San Bernardino certifying the City's compliance with the California Environmental 0 8 Quality Act in preparing the Initial Study/Mitigated Negative Declaration. 0 0 9 10 p CL Q W r 12 a 13 U ref 14 r �1s a CL I U j 16 rn 17 1s c 0 19 i m 1 20 a 1 21 0 N i 22 1 C 23 m J! E I � 24 1 x a 25 + 26 27 1 C8 1 i i 3 I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN �r 2 BERNARDINO ADOPTING GENERAL PLAN AMENDMENT NO. 11-05 TO AMEND THE LAND USE DESIGNATION OF APPROXIMATELY 10.23 ACRES FROM RESIDENTIAL URBAN (RU) TO INDUSTRIAL 3 HEAVY (HI) AND APPROVING CONDITIONAL USE PERMIT NO. 11-16, TO ESTABLISH AN AUTO DISMANTLING AND SALVAGE YARD WITH RETAIL PARTS SALES ON 10.23 ACRES LOCATED AT THE 4 SOUTH SIDE OF WALNUT STREET OPPOSITE OF ARTESIAN AVENUE, AND THE MITIGATION MONITORING AND REPORTING PROGRAM. 5 6 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 7 @ $ Common Council of the City of San Bernardino at a meeting thereof, held on the E 6 9 day of 2012,by the following vote, to wit: a 10 a t1 CL Council Members: AYES NAYS ABSTAIN ABSENT a 12 MARQUEZ 13 JENKINS VALDIVIA 14 q 15 SHORETT a KELLEY 16 JOHNSON 17 O 1s MC CAMMACK _o 19 T aD 20 Georgeann Hanna, City Clerk 21 22 The foregoing resolution is hereby approved this day of 2012 N 23 W E 24 Patrick J. Moms, Mayor zs Approved as to form: City of San Bernardino JAMES F. PENMAN, 26 City A mey 27 By: 28 4 P 6.A.e ATTACHMENT A — LAND USE MAP CITY OF SAN BERNARD/NO PLANNING DIVISION PROJECT: GPA11-05 / CUP 11-16 HEARING DATE: 812012012 NORTH w Ill - dALT R3 0 5 a Q a Z EE:LE, E; � ! a U n w a m Z - a m PROJECT SITE J 1- a j 0 c E �Ai I s in iii a _MOFCOLTON Copyright _err L ATTACHMENT C CONDITIONS OF APPROVAL Conditional Use Permit 2 No. 11-16 1. All development shall be in substantial conformance to submitted plans date stamped June 12, 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 E 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 a obtained prior to commencement of specified construction activities included in the a Conditions of Approval. a Expiration Date: 2 years from approval date of the GPA a 3. In the event this approval is legally challenged, the City will promptly notify the L) 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 City of San Bernardino (City), any departments, agencies, divisions, boards or a commission of the City as well as predecessors, successors, assigns, agents, directors, elected officials, officers, employees, representatives and attorneys of the City 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. E 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 Conditional Use Permit, this condition shall remain in effect c if the Conditional Use Permit is rescinded or revoked, whether or not at the request of o applicant. 0 4. Prior to occupancy of any building, the applicant must post a bond to guarantee c maintenance and survival of project landscaping for a period of one year pursuant to 0 Section 19.30.230. m 5. The property owner(s), facility operator and property management will be responsible for x regular maintenance of the site. Vandalism, graffiti, trash and other debris must be W removed within 24 hours of being reported. a E 6. Signs are not approved as a part of this permit. Prior to establishing signs, the applicant must submit an application for approval by the Planning Division. a Conditions of Approval GPA 11-06&CUP 11-16 PC Date:July 25, 2012 Page 2 7. Development of the project is subject to the attached mitigation measures in the Mitigation Monitoring/Reporting Program (MM/RP), incorporated by reference in these Conditions of Approval. rn c 8. The private pocket park must be installed with landscaping and irrigation in accordance with the conceptual landscape plan date stamped June 12, 2012, and must be maintained E by the applicant. The private pocket park must be gated. A 6-foot wrought iron fence o must be installed along the northerly and westerly property boundaries. The private park o must be open to the public during normal business hours and locked and secured after a' business hours. d CL a Q 9. Business hours of operation are limited to 7:00 a.m. to 5:00 p.m., Monday— Saturday. 10. The traffic route to the subject site must be Rialto Avenue to Muscott Street to Walnut Street. Operator shall inform all delivery companies of these restrictions. U 11. The Full-Categorical Water Quality Management Plan (WQMP) must be approved prior ° to the issuance of permits. The overall project scope for the site will disturb more than an a acre of land; therefore, a Storm Water Pollution Prevention Plan (SWPPP) will be a required prior to the issuance of permits. A "Notice of Intent (NOI)" must be filed with the State Water Resources Control Board and a copy must be provided. 12. The detention basin must be designed in accordance with "Detention Basin Design Criteria for San Bernardino County." Double Ring hifiltrometer testing is required at c each location of infiltration and must be performed at the elevation of infiltration. E 0 13. An Erosion Control Plan is required to be submitted with the grading plan for review and c approval by the Director of Community Development prior to issuance of the grading a permit. Q 0 0 14. The applicant must obtain a Grading Permit and submit a Grading Bond. Prior to 0 issuance of a Grading Permit, the applicant must submit for review and approval a Grading and Drainage plan signed by a Registered Civil Engineer. The applicant must `o obtain an On-Site Improvement Permit. Prior to issuance of an On-Site Improvement Permit, the applicant must submit for review and approval an On-site Improvement Plan m signed by a Registered Civil Engineer. The on-site plan may be incorporated with the grading plan. X W 15. A reciprocal agreement must be recorded prior to Certificate of Occupancy to address reciprocal drainage, access, and/or parking that is proposed to cross lot lines. i a 16. The existing half-width right of way on Walnut Street is shown as 30 feet. The ultimate a half-width right-of-way on Walnut Street is 34 feet. A right-of-way dedication of four feet is required. Conditions of Approval GPA 11-06&CUP 11-16 PC Date:July 25,2012 Page 3 17. The applicant must submit an Off-site Improvement Plan prepared by a Registered Civil Engineer for approval by the City Engineer. The following improvements must be shown on the plan: rn i. Close all existing driveway approaches on Walnut Street that are not a part of the approved site plan and replace with curb, gutter and sidewalks according to City standards. N 0 ii. The overhead utility lines along Walnut Street must be undergrounded. a a iii. Walnut Street must be rehabilitated to centerline along the project c frontage. IL 18. The applicant must submit a final Landscape and Irrigation plan for review and approval a. by the Land Development Division that is consistent with the preliminary landscape plan dated June 12, 2012. Prior to the Certificate of Occupancy, the applicant must install all landscaping and irrigation per the approved Landscape and Irrigation Plan. ° 19. Prior to application for Certificate of Occupancy, an easement and covenant must be Q. executed on behalf of the City to allow the City to enter and maintain any required landscaping in case of owner neglect. The documents must ensure that, if the property o 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 must be paid to the Community Development Department to cover processing E costs. 0 20. The applicant must submit electronic files of all public improvement plans/drawings to Q the City Engineer. The files must be compatible with AutoCAD 2000, and include a a .DXF file of the project. Files must be on a CD and must be submitted at the same time o the final mylar drawings are submitted for approval. 0 21. A Lot Merger will be required to form Parcel A as shown on the site plan. A separate Lot Merger will be required to form Parcel B a shown on the site plan. A Lot Line c0� Adjustment will be required to adjust the line to the location shown on the site plan. All rn mergers and adjustments must be completed prior to application for Certificate of Occupancy. t X w 22. A Focused Traffic Study is required for this project and must be approved prior to the approval of the Off-Site Improvement plans. r U 23. (*) The applicant must construct a 12-foot fence with plastic slat of approximately 125 =° feet in length along the easterly property boundary to screen the 12-foot covered rack a © storage located at the southeast comer of the property. Packet Pg. 50 Conditions of Approval GPA 11-06&CUP 11-16 PC Date:July 25, 2012 Page 4 24. (*) The applicant must construct a 10-foot electric fence within the front yard setback. Construction of the electric fence must be consistent with Development Code Section 19.20.030 (8) (F), Electric Fences. (*)Amended/added by the Planning Commission on July 25,2012. r E N_ 0 End of Conditions of Approval Q m CL CL a. 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