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HomeMy WebLinkAbout06.B- Community Development r6B, RESOLUTION (ID#2930) DOC ID: 2930 D CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION 9 Public Hearing From: Tony Stewart M/CC Meeting Date: 02/18/2014 Prepared by: Aron Liang, (909) 384-5057 Dept: Community Development Ward(s): 1 Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Adopting the Mitigated Negative Declaration, Adopting the Mitigation Monitoring and Reporting Program, Approving Tentative Tract Map No. 18829 and Conditional Use Permit No. 11-13, and Approving and Authorizing Execution of Development Agreement No. 12-02 for Waterman Gardens. (#2930) Current Business Registration Certificate: Not Applicable Financial Impact: Increased property tax and sales tax of an undetermined amount to accrue to the City. Mayor to open the public hearing. . . Motion: Close the public hearing; and adopt the Resolution which: Adopts the Mitigated Negative Declaration and Mitigation Monitoring/ Reporting Program (Attachments D &E); and Approves Tentative Tract Map 18828 (Subdivision 11-03), Conditional Use Permit 11-13 and Development Agreement 12-02, based on the Findings of Fact contained in the Staff Report and subject to the Conditions of Approval (Attachment C). Synopsis of Previous Council Action: None. Project Description: The applicant requests approval of the following: • Tentative Tract Map 18829 (Subdivision 11-03) under the authority of Development Code Chapter 19.66 to subdivide approximately 38 acres into eight parcels and a one-lot condominium subdivision; • Conditional Use Permit 11-13 under the authority of Development Code Chapter 19.36, to construct an affordable/workforce housing project with a mixed use/affordable income community with recreation, common open space, community centers and a three-story, 73-unit senior housing project with one manager's unit with court yards, 299 multi- family units, and 38 condominium units; and 0 a Updated:2/13/2014 by Linda Sutherland D Cket P g.,261' F6 B, 2930 • Development Agreement (DA) No. 12-02 under the authority of Development Code Q Chapter 19.40, to set forth binding development agreements between the City and the applicant. This is a request for a Conditional Use Permit to construct an affordable/workforce housing project and to subdivide approximately 38 acres into eight parcels and a one-lot condominium subdivision to create a mixed use/affordable income community and construct a three-story, 74- unit senior housing project (including one manager's unit) with court yards, 337 multi-family and condominium units and a 45,000-square foot recreational facility, a 58,200-square foot community center, a 18,400-square foot central shop building, and a 7,400-square foot administration/multi-purpose building. The applicant is also requesting approval of a Development Agreement. The proposed project would be constructed in phases and is located at the northeast corner of Waterman Avenue and Olive Street, in the Residential Medium (RM) zone. Specifically, the applicant proposes to subdivide a 38-acre project site into nine parcels to accommodate a mixed use/affordable income project. Below is a summary of the proposed subdivision: • Parcel 1, 2.54 acres would accommodate 38 condominiums (market rate). • Parcel 2, 5.12 acres would accommodate a recreation/community center. • Parcel 3, 4.12 acres would accommodate 73 affordable senior housing units w/ 1 manager's unit. • Parcel 4, 1.67 acres would accommodate maintenance shops/buildings. • Parcel 5, .54 acres would accommodate an administration building. • Parcel 6, 5.64 acres would accommodate 75 affordable mixed apartment/townhouse units. • Parcel 7, 5.15 acres to accommodate 76 affordable mixed apartment/townhouse units. • Parcel 8, 5.76 acres would accommodate 79 affordable mixed apartment/townhouse units • Parcel 9, 6.40 acres would accommodate 69 affordable mixed apartment/townhouse units. The proposed project would demolish the existing residential units that were constructed in 1943. The proposed development would include the following: • Demolition of the existing 252 `public housing units' • 252 replacement `mixed-finance affordable housing units' (a 1 to 1 replacement ratio) • 73 affordable senior housing units • 38 for sale condominium units • 48 market rate rental units • Community Facilities and Open Space Amenities The 337 apartment and townhouse units will consist of 56 one-bedroom units (618 square feet) (sq. ft.), 136 two-bedroom units (813 sq. ft. - 997 sq. ft.), 133 three-bedroom units (1,234 sq. ft. - 1,614 sq. ft.), and 12 four-bedroom units (1,478 sq. ft.). The 73 senior units will consist of 73 one-bedroom (576 sq. ft.). One (1) unit for a manager's dwelling will be included in the senior housing development for a total of 74 units. Updated: 2/13/2014 by Linda Sutherland D Packet Pg:262 2930 Once completed, Waterman Gardens will no longer be classified as a HUD designed `public housing' development. The project site is located in the Residential Medium (RM) zone. The RM zone allows a maximum density o'1112 units per net acre (18 units per acre for senior projects). The proposed 411 units would result in an overall density of 10.8 dwelling units per acre when considering the 38-acre project area as a whole. This is discussed in further detail in the Analysis for CUP 11-13, below. In addition to the new dwelling units, the project would include a 45,800 square-foot Recreational Center, a 58,200 square-foot Community Center, a 7,400 square-foot Administration Building, and 18,400 square-foot (rehabilitated) Central Shop, Maintenance Building, Recycling Yard and Community Garden Building. The structures will have variable setbacks on Waterman Avenue, Baseline Street, La Junita Street, and Olive Street. There will be six vehicular access points to the project site: two along Olive Street located towards the west and east ends respectively; one located mid-block on La Junita Street, two along Baseline Street located mid-block and towards the east end respectively; and one located mid-block at Orange Street along Waterman Avenue. Additional pedestrian and bicycle access will be located throughout the project and traffic calming measures are proposed to be implemented on Waterman Avenue, Baseline Street, and Olive Street. The Applicant has proposed enhancing the pedestrian connection points on Waterman Avenue and Baseline Avenue as depicted in the `enhanced' development site plan. This current site plan proposes to reduce the size of the recreational building in place of greater open space and connectivity to the adjacent community neighborhood. The proposed project will include on-site recreation/ community amenities, pedestrian-only greenways, walking paths, and neighborhood parks with playing fields and picnic areas. Setting& Characteristics: The project site is the San Bernardino Waterman Gardens Public Housing, built in 1943. The project site is approximately 38 acres and includes 252 family units in 114 buildings which include 87 single-story duplexes, 24 multi-family townhouses, a management office building, Head Start facility, and maintenance facility. Existing buildings, which are nondescript one- and two-story Federally-Subsidized Public Housing buildings and related structures, range from approximately 11 feet to a maximum of 20 feet in height. Landscaping consists of a large number of mature trees (approximately 500), many of which are in poor health and/or are a hazard, and some turf open space areas. The site is surrounded by urbanized development on all sides,with the exception of an orange grove immediately east of the project site. Surrounding land uses include a mix of general and heavy commercial uses including retail, fast food restaurants, a full scale grocer, and medical facilities. Table 1, below, provides a summary of the project site with the land uses of the surrounding properties. TABLE 1: Surrounding Land Uses LOCATION ZONING GENERAL�PLAN EXISTING LAND LAND USE;..r 5' USE Pack e Updated:2/13/2014 by Linda Sutherland D t Pg`263 2930 • Subject Site Residential Medium Residential Multi-family (RM) Structures North Commercial General Commercial Shopping center (Across Baseline (CG-1) Street) Fagt Commercial Heavy Commercial TTeavv f-,c) er�ial (Across La Junita (CH) uses Street) West Commercial General Commercial General Retail (Across Waterman (CG-1) Avenue) South Commercial Heavy Commercial Shopping center (Across Olive Street) (CH) Background: • June 1941 - the San Bernardino County Board of Supervisors established the Housing Authority of San Bernardino County(HASBC). • September 1942 - permits issued to construct the Waterman Gardens Public Housing Project of 252 multi-family units. • February 28, 1973 - According to County of San Bernardino Assessor records, current property owner, Housing Authority of the County of San Bernardino, became the documented property owner of the subject parcel. • August 1, 2011 - The applicant submitted Conditional Use Permit 11-13 to the Planning Division. • March 7, 2012 - The applicant submitted Development Agreement 12-02 to the Planning Division. • March 14, 2013 - The application was reviewed by the Development/Environmental Review Committee and moved to release the draft Mitigated Negative Declaration for public review from March 21, 2013 -April 19,2013. • June 20, 2013 - The applicant submitted a revised Development Agreement to the Planning Division. • July 3, 2013 - Notices to the property owners and residents within 500 feet of the exterior boundaries of the subject property were mailed, providing the nature of the request, location of the property, the date, time, and place of the Planning Commission meeting of July 17, 2013, for Tentative Tract Map 18829 (Subdivision 11-03), Conditional Use Permit 11-13 and Development Agreement 12-02. A legal advertisement was sent to the San Bernardino Sun Newspaper for publication on July 7, 2013. • July 17, 2013 - Planning Commission Hearing was held and after extensive discussion it was decided to continue the hearing to a subsequent date. Primary issues raised at the hearing included the following: Updated:2/13/2014 by Linda Sutherland D Packet Pg.264 2930 - Clarification requested on Number of units proposed? How many affordable, and whether there would be a net increase in number of affordable units? - Why not just rehab the existing buildings? - How will relocation be addressed during construction? Will residents be paid for the cost of relocation? - What is the Impact on police and fire department services given the increase in the number of replacement units? - How will the community facilities be funded and how will they be maintained in the long term? - What would happen if only a portion of the development got funded and there were no additional funds to complete the rest of the development? I - Has fencing around the property been considered as an option? The first three issues are discussed herein. Correspondence from the Police and Fire Departments supporting the project is provided as Attachment F. • July - December 2013 - Since the prior Planning Commission Hearing, the Housing Authority and National CORE have engaged in numerous outreach activities to ensure the issues raised above by the Commission are adequately addressed, including meetings with; Fire Chief, Police Chief, 3 resident and community meetings, School district, Loma Linda, Various County Departments and social service providers, SACH Norton,DMV Neighborhood Association, elected officials, Inland Action, local media, Latino Health Coalition, Abundance Church, Technical Employment Training Inc., Youth Conservation Corp., San Bernardino Youth Group, California Apartment Association, and various Community leaders. In addition, from September 14, 2012 to June 27, 2013, the applicant provided 36 different forms of public outreach to the residents of Waterman Gardens, neighboring businesses, residents, neighborhood associations, etc., held public workshops, etc. A list of the dates and types of public outreach conducted by the applicant is provided in Attachment F. • December 11, 2013 - the Planning Commission held a noticed public hearing on DA 12-02, CUP 11-13 and TTM 18829. After considering the Facts and Findings in the staff report and hearing public testimony, the Planning Commission recommended approval of the DA, CUP, TTM and a Mitigated Negative Declaration and a Mitigation Monitoring Reporting Program to the Mayor and Common Council by a vote of 7:1. • February 4, 2014 - Notices to the property owners and residents within 500 feet of the exterior boundaries of the subject property were mailed, providing the nature of the request, Updated:2/13/2014 by Linda Sutherland D I Packet Pg.265 2930 location of the property, the date, time, and place of the Mayor and Common Council meeting of February 18, 2014, for Tentative Tract Map 18829 (Subdivision 11-03), Conditional Use Permit 11-13 and Development Agreement 12-02. A legal advertisement was sent to the San Bernardino Sun Newspaper for publication on February 6, 2014 (Attachment G). California Environmental Quality Act(CEQA): A Mitigated Negative Declaration (MND) has been prepared in accordance with CEYQA (available on the City's web site at www.sbeit�org<htip://www.sbeity.org> - see "How do I..." and "Locate..." and click Planning Documents). The Draft MND identified potentially significant impacts of the project, discussed avoidance measures incorporated in the project design, and numerous mitigation measures proposed to further reduce potential impacts of the project. The Draft MND was circulated for public review from March 21, 2013 to April 19, 2013. Comments were received on the Draft MND. These comments, and the responses to comments, are provided in the proposed final MND, Attachment E. Mitigation measures presented in the MND have been included in the Mitigation Monitoring/Reporting Program (MM/RP), in Attachment D, and also incorporated by reference in the Conditions of Approval (Attachment Q. The mitigation measures in the MM/RP will reduce all of the impacts of the project to less-than-significant levels. Having considered the potentially significant impacts of the project, the City determines that all feasible mitigation has been adopted to reduce or avoid the potentially significant impacts identified in the MND, and that those mitigation measures proposed will reduce all potentially significant impacts to less-than-significant levels and no additional mitigation is required to further reduce significant impacts. Specifically, project components in the project plans/ proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study were released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the enviroiunent would occur. There is no substantial evidence in light of the whole record before the public agency that the project, as proposed, may have a significant effect on the environment. Analysis: Conditional Use Permit: Under the State Density Bonus Law, the Project is entitled to receive a density bonus of up to thirty-five percent (35%), three concessions and incentives, waivers, and parking concessions, all as defined in the Density Bonus Law. HASBC is requesting a 25% density bonus as part of the development component pursuant to Development Code Section 19.04.030 (2) (D) and Government Code Section 65915. HASBC is also providing Senior Units which are allowed a fifty percent (50%) density increase pursuant to City Municipal Code Section 19.04.010(2)(E). In accordance with the Density Bonus Law and the City Municipal Code, the City must provide a land owner with a density bonus and concessions. Updated: 2/13/2014 by Linda Sutherland D Packet Pg.,266' aFsB �: 2930 For the purpose of the Development Code, "density bonus" shall mean a density increase of 25% over the otherwise maximum allowable residential density under the RM zone and the General Plan. The RM zone permits a maximum density of 12 units per gross acre. As proposed with the 25% Density Bonus pursuant to Development Section 19.04.030 (2) (D) and Government Code Section 065915, the density becomes at 15 units per gross acre (12 d.u./gross acre x .25 = 3. 12 + 3 = 15 d.u./gross acre). The Municipal Code permits 18 d.u./gross acre for senior housing developments without a density bonus. Further, the parcels created by TTM 18829 will meet the lot size and density bonus of the RM zone, and will be consistent with the Development Code, as shown in Table 2: Updated:2/13/2014 by Linda Sutherland D Packet Pg.267 I 6.B - 2930 Table 2 -DEVELOPMENT CODE CONSISTENCY NTATIVE TRACT BONUS DENS ,` LOT SIZE at 15 d.u./gross3.� z Parcel 1: 2.54 acres 14.96 d.u./gross acre 14,400 sq. ft(minimum) 38 Condo Units Parcel 2: 5.12 acres Community Center N/A N/A Parcel 3: 4.12 acres 17.96 d.u./gross acre(*) 14,400 sq. ft(minimum) 74 Senior Units Parcel 4: 1.67 acres Maintenance Shops N/A N/A Parcel 5: .54 acres Administration Building N/A N/A Parcel 6: 5.64 acres � 14,400 sq. It(minimum) 75 Mixed Units 13.30 d.u.igross acre Parcel 7: 5.15 acres 76 Mixed Units 14.76 d.u./gross acre 14,400 sq. ft(minimum) Parcel 8: 5.76 acres 79 Mixed Units 13.72 d.u./gross acre 14,400 sq. ft(minimum) Parcel 9: 6:40 acres 69 Mixed Units 10.78 u. gross acre 14,400 sq. ft(minimum) (*)Please note that the RM Development Standards for density for senior housing is 18 d.u./gross acre. As permitted by Development Code Section 19.04.030 (2) (D) and Government Code Section 65915, HASBC is requesting three concession items as follows: 1. Private Open Space requirements - the applicant is requesting a concession from private open space requirements per Development Code Section 19.04.030 (2) (L) (2). Development Code Section 19.04.030 (2) (L) (2) requires that each dwelling unit shall have a private (walled) patio or balcony not less than 300 square feet in area or 25% of the dwelling unit size, whichever is less. HASBC proposes an average of 247 square feet in private open space. Table 3, below, provides a summary: QTable 3: Private Open Space Requirements Updated:2/13/2014 by Linda Sutherland D Packet Pg.268" :O' - 2930 Q Required':Private Provided:Private Unit Unit Type Unit Description Unit Size Open Space ism Open'Space(sgdt) 1 1 BR seniors 575 sqft nre 102 1 �lti 42 1 OR flat-singlesJ u les 615 sqft 155 104 Bt 2 BR flat (ao essihle) 313 sqft 203 105 B2-1 2 ERtohvnhouse(2 story) 995 It 233 269 B2-2 2 BR trnvnhouse(2 story) 997 sqft 243 252 2 BR B3 2 BR flat (senior builring manger unitl 1,088 ft nia* 134 C1 3 BRtmvnhouse(2 story) 1,241 sqft 300 267 C2 3 BRtrnvnherse(2 sw accessible) 1,234 sqft 30D 294 0-1 3 BR tmvnhome(3 story 20'wide) 1,455 sqft 301) 308 0-2 3 BR townhouse(3 story 20'wider 1,455 sqft 301) 3013 3 BR C4 3 BR shop house(3 story 25'%vide) 1 614 it 300 20D D1.1 4BRtm nhause 1,475 sqft 300 7r 289 4 BR JD1.2 14 BR trnvnhouse(accessible) 1,475 sqft 301) 1 253 *Part of Senior Burklin -Private Open Space requirements do not apply. Pursuant to Development Code Section 19.04.030 (2) (L) (2), private open space is not required for the senior housing project. However, the proposed project will provide 102 square feet of private open space for each senior housing unit. Please note that even though the applicant is requesting for a concession to reduce the private open space requirements, this concession would not apply to all the units. In fact, the private open space requirements for Unit Type B2.1 Townhouse (2 story) and Unit Type B2.2 Townhouse (2 story) would be increased. Refer to Q Table 3, above. This concession request would enable the applicant to meet their construction cost requirements. Refer to Attachment F. Further, although certain units may have reduced private open space, the applicant is proposing a significant amount of common recreational amenities throughout the project. 2. Off-street Parking Requirements - the applicant is requesting a concession from minimum off- street parking requirements for: a) the senior housing project, b) recreation and community center, and c) administration center. Development Code Section 19.24.040 requires parking for the proposed project as follows: Table 4: Off-Street Parking Requirements U Updated:2/13/2014 by Linda Sutherland D Packet Pg.269 2930 Development Code Proposed Residential: 787 spaces Residential: 787 spaces Senior Housing Parking: 88 spaces Senior Housing Parking: 76 spaces Recreation Community Center: Determined at Recreation Community Center: 122 spaces project review Administration Center: 30 spaces Administration Center: 7 spaces Maintenance Shops/Buildings: 10 spaces Maintenance Shops/Buildings: 32 spaces Notwithstanding State Density Bonus Law and concession requirements, Development Code Section 19.24.030 (11) allows senior apartment parking requirements to be adjusted on a case- by-case basis, subject to public transit and other services within walking distance (i.e., shopping areas, medical offices, mass transit, etc.), as well as analyses of similar projects may be considered to justify a reduced parking requirement. The project site is located adjacent to a shopping center, and in proximity to medical offices and other support services and public transit. Further, within the last seven years, the City has approved at least four major senior housing projects with reduced parking. Despite the declining values in the housing market, the need for affordable senior housing units is great. The proposed project would expand affordable housing opportunities for seniors from the surrounding area who want to maintain close ties to family, friends, churches and the familiar surroundings of the neighborhood. The Mayor and Common Council has the discretion to relax multi-family development standards to encourage affordable housing,pursuant to Development Code Section 19.04.030 (2) (D)(1)(g). 3. Setback requirements - the applicant is requesting a concession from minimum project setback requirements for front yard, side yard, and distance between buildings per Development Code Table 04.02, RM Residential Development Standards. The request for a reduction in the setback requirements would allow the applicant to cluster the units and increase the area on the site that can be used for common area amenities. Table 5, below, provides a summary of setback requirements: QTable 5: Setback Requirements Updated:2/13/2014 by Linda Sutherland D Packet Pg. 270 2930 RM Zone Development Code Proposed Front Yard 20' min. 25' Average 16'-9"m] Side Yard: 2 Story 10' min. (+l' per 15' wall 6'-3"min. length) Rear Yard 10' min 10' min. Distance Between Buildings 20' min 6'-10"min The purpose of State Density Bonus Law is to encourage and provide incentives to developers to provide affordable housing projects. When a developer agrees to construct a senior housing, or affordable housing project, the City is required by statue to grant a density bonus and grant concessions to aid with the financial feasibility of producing the units. The applicant has demonstrated that adjustment of development standards as described above proposed three concession items is necessary to make the project economically feasible. Refer to Attachment F. In return for these concessions, the City will benefit from approval of the project with the following: • The additional units will help the City meet its regional housing needs (RHNA) requirements, as identified in the Housing Element of the General Plan by providing additional very low-, low- and moderate-income housing opportunities in the City. • A minimum 20-year affordable housing agreement will be established, per San Bernardino Development Code Section 19.04.030(2) (D) (1) (e) to ensure the provision of the units identified as affordable units in the project remain as such (which will also ensure compliance with the RHNA requirements, as noted above). • The site will be redeveloped and brought up to current Code (City, Building, Fire, etc.) standards and additional amenities, including the recreation and community centers will be constructed. • Infrastructure improvements will be constructed in conjunction with the project. Other potential benefits of the project include a potential increase in property tax revenues due to an increase in the property's value; increased sales tax revenue generated by new residents of the project patronizing businesses in the community; and this infill project serving as a catalyst for additional redevelopment of other sites in the project vicinity. acket g Updated:2/13/2014 by Linda Sutherland D P P. 6.B 2930 Regional Housing Needs Assessment(RHNA) A core component of the Housing Element is the Regional Housing Needs Assessment (RHNA). The RHNA, developed through a process directed by the State Department of Housing Coninumity Development (HCD) and the Southern California Association of Governments (SCAG), represents the number of housing units-divided into various income categories that have been calculated to represent San Bernardino's "fair share" of the regional housing need (2014-2021) By law, the City is required to show that adequate sites are available to accommodate the construction of new housing units consistent with the RHNA. Sail Bernardino's RHNA for 2014 -2021 planning period has been determined by SCAG to be 4,384 housing units at various ranges of household income levels. Waterman Gardens is a project that meets the needs of San Bernardino's RHNA and encourages I the blending of income levels with `market rate' housing products to create a variety of housing needs and the needed support services conveniently located for residents and the adjacent community. Establishing `connectivity' with the surrounding neighborhood and businesses will further support the financial success of future development. Phasing Alternatives Based on available funding, HASBC proposes three phasing alternatives for the proposed project: The project will include demolition of all residential units in the existing development. The replacement units will be built in multiple phases over a 6-8 year period. The order in which the phases will be built will be determined based on funding availability and infrastructure development considerations. Relocation for the initial phase will involve use of existing on-site vacancies as well as intentional no refilling of vacancies once substantial project funding is obtained. Residents in the first phase will be moved to vacant units on site, and then once the first phase is completed, the residents will then be moved to the completed units. The vacancies then created upon residents moving into the newly constructed units will then be used to temporarily house the residents in the next phase. This process will occur multiple times until all the phases are completed. The Housing Authority will provide all residents the assistance, rights and benefits required under the applicable relocation law and guidelines. Every effort will be made to facilitate relocation arrangements and minimize hardships for the affected residents. No resident will be required to move without both adequate notice and access to available affordable decent, safe and sanitary housing. The Authority has retained the services of professional relocation consultants to assist all residents as well as ensure the relocation process is carried out in compliance with applicable relocation law and guidelines. Below is a table showing the estimated units that will be removed and created in each phase, along with an exhibit depicting the project phases. Updated:2/13/2014 by Linda Sutherland D Packet Pg 272`' 2930 The numbering of the phases is not an indication of the order of the construction phasing, as stated earlier the order in which the phases will be built will be determined based on funding availability. The Housing Authority currently has an average vacancy of four units a month, which if frozen over a 12-month period would yield 48 vacant units which is more than adequate to accommodate the initial phase. After the initial phase the table below indicates that for all the phases except Phase I (Community and Recreational facilities), the number of units created in each of the phases exceeds the number of units removed. This will allow for more vacancies available on site after the initial phase, enabling relocation of all residents within the site. Since the project will result in the demolition of existing affordable housing units, the applicant must provide a relocation plan for the displaced residents. As described in the Relocation Plan (revised-November 6, 2013 and attached herewith) Section III and IV, only temporary relocation is anticipated and HACSB will provide relocation assistance and other services as described in the Relocation Plan. Phasing Plan: M 411 Silt 18 Sdi latal tq SY it41 it! isY K i f> n b f; f1 ix t E K-3 C iD ur ®. .. .. _1««----.-----««.-----»»«- ---..-.••.�----.---•-------.-.«•...---- -•-- �«--«----- .«..•.,.•«..»..•..•.««S••.'•«•.f 1 / I. P rq a l:V r`+-r�,:,R f tt-r.z -•--,x-,+:::.s b a"".rT a.e .._ �-'•� _ _ t ppp - C� i r _ t f ! H _ /H-A v r I-A ITT i^rvi _ t A.r' �, 1 5'GLSh'7?�c-a=t r.k dr...}"'"X. '".— '^"C..:.. ,• ,y??' .. 1 t _ s w- t Updated: 2/13/2014 by Linda Sutherland D JI 2930 Table 6 below provides a comparison of the proposed and existing unit in sizes: Table 6 - Comparison of Proposed and Existing Unit in Sizes Existing Housing Type Unit Size #Units A 1 BR Duplex 628 SF 26 BR B 2 BR Duplex 810 SF 66 BR C 3 BR Duplex 985 SF 64 BR D 4 BR Duplex 1,054 Sf 14 BR E 2 BR Units 931 SF 68 BR E 5 BR Units 1,862 SF 14 TOTAL: 252 Units Proposed Housing Type Unit Size #Units Al 1 BR Flat(Senior Citizen Apt) 576 SF 73 1 BR apartment 618 SF 57 2 BR apartment 813 SF 9 2 BR Townhome(2 story) 998 SF 117 2 BR Townhome(2 story) 997 SF 10 Flat(Senior Bldg. Manager's Unit) 1,088 SF 1 3 BR Townhome (2 story) 1,241 SF 13 3 BR Townhome (2 story- accessible) 1,234 SF 19 3 BR Townhome (3 story 20'wide) 1,458 SF 59 3 BR Townhome (3 story 20'wide) 1,455 SF 10 3 BR Shop House (3 story 25'wide) 1,614 SF 32 4 BR Townhome 1,478 SF 9 4 BR Townhome 1,478 SF 2 TOTAL 411 Units Neighborhood impact: Public hearing notices were sent to property owners within 500 feet of the subject site, as required by Section 19.52.020 of the City of San Bernardino Development Code (Attachment D). Additionally, the applicant has been conducting workshops and meetings on the proposed project to provide information to the community for over two years (A list of outreach efforts is provided as Attachment G). Multi-family Housing Standards: The project is located in the Residential Medium (RM) zone, which allows multi-family housing. Pursuant to Development Code Section 191.04.030 (L) (1), all multi-family developments with 12 or more dwelling units shall provide 30% usable open space for passive and active recreational uses. Usable open space areas shall not include rights- of-ways; vehicle parking areas; area adjacent to or between any structures less than 15 feet apart; setbacks; patio or private yards; or slope areas greater than 8%. The site plan provides 32% of usable open space. The proposal will provide 12.02 acres of open space, which exceeds Updated:2/13/2014 by Linda Sutherland D Packet Pg 274 2930 Development Code Section 191.04.030 (L) (1). Below, Table 6 provides a summary of the open space requirements for the proposed project: Table 7—Open Space Requirements Development Code Proposed • 30% • 32% • 11.41 acres (496,845 sgft) • 12.02 acres (523,712 sqft) All multi-family developments shall provide recreational amenities within the site which may include: a swimming pool spa; clubhouse; tot lot with play equipment; picnic shelter - barbecue area; or day care facilities. The proposal will provide 27 amenities, which exceeds Development Code Section 191.04.030 (L) (3). Below, Table 7 provides a summary of the open space requirements for the proposed project: Table 8: Amenity Requirements Development Code Proposed • 6 amenities • 24 amenities • A combination of a swimming pool, tot • 16 barbecue areas, 5 play structures, lot, picnic shelter, barbecue area, and 1 daycare centers, recreation center, 1 day care facilities. fountain plaza, and 1 community garden and kitchen Additionally, the RM Development Standards for lot coverage is 50%. The proposed project lot coverage would be below the RM Development Standards at 37%. Economic Feasibility: As stated above, the applicant is requesting a density bonus for several of the subject parcels and concessions. The purpose of this request is to allow additional units to be constructed within the project in a cost-effective manner. The applicant has indicated that the GAP financing for the higher density (greater number of units) shown on the attached pro forma (included in Attachment F) is in-line with typical industry standards, while the GAP financing for the lower density scenario (12 units per acre maximum, per the Development Code) is too high to be economically feasible to construct or maintain. Development Agreement: In essence, the proposed Development Agreement would lock in the planning/zoning laws in existence at the time of entering into the Agreement and the City agrees not to change its planning/zoning laws applicable to the specific development project for a specific period of time. Therefore future land use decisions regarding such a development project Updated: 2/13/2014 by Linda Sutherland D Packet Pg.275' 2930 would not be based on the then current planning/zoning laws, but rather would be based on the planning/zoning laws as they were in existence at the time the Development Agreement was executed. In exchange, the City gets certain benefits and concessions that it might not be able to require through conditions of approval. The proposed development agreement would grant the developer a vested right to redevelop the Waterman Gardens Public Housing and would establish the terms under which the development obligation as they relate to development impact fees, traffic mitigation fees, school fees, processlllg Ulm pe11111t fees. 111e be11el1tS t0 the Clty wolllll 111efflUe: d) b1111g new e111plUylllellt opportunities to the City, b) development of the site would improve the tax base/City revenues, c) the project would improve the image of the area with new construction, infrastructure, and amenities. The term of the proposed agreement is for 20 years. FINDINGS OF FACT -TENTATIVE TRACT MAP 1. The proposed subdivision is consistent with the General Plan and the Development Code. (This finding also applies to the Conditional Use Permit and to the Development Agreement.) The project requires no amendments to the General Plan or to the Development Code. It is consistent with General Plan policies as follows: Land Use: Policy 2.1.1 Actively enforce development standards, design guidelines, and policies to preserve and enhance the character of San Bernardino's neighborhoods. Policy 2.5.4 Require that all new structures achieve a high level of architectural design and provide a careful attention to detail. Policy 2.5.6 Require that new developments be designed to complement and not devalue the physical characteristics of the surrounding environment, including consideration of(site specific design considerations of the surrounding environment. . .. Policy 2.7.1 Enhance and expand drainage, sewer, and water supply/storage facilities to serve new development and intensification of existing lands. Policy 2.7.5 Require that development be contingent upon the ability of public infrastructure to provide sufficient capacity to accommodate its demands and mitigate its impacts. Policy 2.8.1 Ensure that all structures comply with seismic safety provisions and building codes. The project will reconstruct a 1943-era public housing project into an attractive mixed-income community containing well designed new townhomes and apartments, senior housing, new or IL community and recreational facilities, open space, and landscaping conforming to all current IL 0 Updated:2/13/2014 by Linda Sutherland D Packet Ig.276; 2930 seismic safety requirements and building codes. Pedestrian and street access to the site have been designed to be integrated with the surrounding neighborhood, especially the nearby school and residential areas. Baseline Street, Waterman Avenue, and Olive Street will be improved to enhance vehicular and pedestrian safety. The on-site drainage, sewer, and water infrastructure will be reconstructed to current standards, and off-site improvements will be made to the sewer system to improve capacity. As demonstrated in the Mitigated Negative Declaration, the public infrastructure, with the planned improvements, has sufficient capacity to accommodate the demands of the project. The Land Use Element in the General Plan (Table LU-2) lists the intended uses for the Residential Land Use District. The RM zone is consistent with this land use district, and allows multi-family, apartments, duplex residences in a high quality suburban setting at a density of 12 dwellings per acre (18 dwellings per acre for senior developments). Both the General Plan and the Development Code permit a density bonus exceeding the density of 12 dwellings per acre for an affordable housing project; and Government Code Section 65915 states that no general plan amendment is required for a density bonus. Housing: Policy 3.1.2 Encourage the use of density bonus provisions to provide mixed-income housing and maximize the use of vacant and underutilized residential sites. Policy 3.1.3 Encourage the development of senior housing in all areas of the City, especially on sites with access to public transportation and community facilities. Policy 3.3.1 Increase housing opportunities and choices for lower and moderate income households. Policy 3.3.3. Support innovative public, private, and not-for-profit efforts for the development and financing of affordable housing. Policy 3.5.2 Incentivize and monitor the development, maintenance, and preservation of affordable housing. Policy 3.5.4 Encourage and facilitate the construction, maintenance, and preservation of a variety of housing types adequate to meet a range of household needs. Policy 3.5.5 Ensure that adequate utilities and infrastructure are readily available for new or rehabilitated affordable housing projects. The Housing Element of the General Plan designates Waterman Gardens as an opportunity site for construction of lower income housing, and the development of the project will assist the City in meeting its Regional Housing Needs Allocation. The project utilizes the density bonus provisions in the General Plan and Development Code to provide mixed-income housing providing increased housing opportunities and choices for lower and moderate income households and to provide additional housing units on the currently underutilized site. The project will include apartments, townhomes, and senior units to meet a range of household needs. Updated: 2/13/2014 by Linda Sutherland D I Packet Pg.277 s.6 2930 The project also provides senior housing on a site with community facilities and access to public transportation. Adequate infrastructure is available for the project, as demonstrated in the Mitigated Negative Declaration. The project has been proposed by an innovative partnership of a public agency, the Housing Authority of San Bernardino County, and National CORE, a non- profit housing developer. By approval of the Development Agreement, the City will incentivize the development of additional affordable housing and the improvement of the existing housing on the site. Urculatlon Policy 6 2.5 Design roadways, monitor traffic flow, and employ traffic control measures (e.g. signalization, access control, exclusive right and left turn-turn lanes, lane striping, and signage) to ensure City streets and roads continue to function safely within our Level of Service standards. Policy 63.4 Require appropriate right-of-way dedications of all new developments to facilitate construction of roadways shown on the Circulation Plan. Policy 63.6 Locate new development and their access points in such a way that traffic is not encouraged to utilize local residential streets and alleys. Policy 63.7 Require that adequate access be provided to all developments in the City including secondary access to facilitate emergency access and egress. The project proposes significant improvements to Baseline Street, Waterman Avenue, and Olive Street to maintain levels of service and will improve La Junita Street to public street standards. The project has been designed so that pedestrian and street access both establish continuity with adjacent schools and traffic patterns while not encouraging traffic to utilize local residential streets and alleys. The project includes adequate secondary access approved by the Fire Department. Community Design Policy 5.5.6 Ensure a variety of architectural styles, massing,floor plans,fagade treatment, and elevations to create visual interest. The project will be reconstructed from a uniform pattern of one- and two-story nondescript older buildings to a variety of apartments, townhouses, and senior housing of variable heights, massing, and elevations to create visual interest. Utilities and Public Services Policy 9.4.10 Ensure compliance with the Federal Clean Water Act requirements for National Pollutant Discharge Elimination System (NPDES)permits, including requiring the development of Water Quality Management Plans, Erosion and Sediment Control Plans, and Storm Water Pollution Prevention Plans for all qualifying public and private development and significant redevelopment in the City. Updated:2/13/2014 by Linda Sutherland D =Packet Pg.278 2930 The project has been designed with an extensive runoff control system to meet all NPDES L) standards. Parks,Trails, and Open Space Policy 8.3.9 Separate bikeway and trail systems from traffic and roadways wherever possible. Policy 8.4.2 Continue to require developers of residential subdivisions to provide fee contributions based on the vaivalion of the units to fund parkland acquisition and improvements. The site plan contains bikeway and trail systems separated from roadways wherever possible. The project will be required to pay all current fees for parkland. Safety Policy 7.2.6 Require that all buildings subject to City jurisdiction adhere to fire safety codes. Policy 10.5.1 Ensure compliance with the Federal Clean Water Act requirements for National Pollutant Discharge Elimination System (NPDES)permits, including developing and requiring the development of Water Quality Management Plans for all new development and significant redevelopment in the City. Policy 10.5.2 Continue to implement an urban runoff reduction program consistent with regional and federal requirements, which includes requiring and encouraging the following: • Increase permeable areas to allow more percolation of runoff into the ground; • Use natural drainage, detention ponds or infiltration pits to collect runoff; • Divert and catch runoff using swales, berms, green strip filters, gravel beds and French drains; • Install rain gutters and orient them towards permeable surfaces; • Construct property grades to divert flow to permeable areas; • Use subsurface areas for storm runoff either for reuse or to enable release of runoff at predetermined times or rates to minimize peak discharge into storm drains; • Use porous materials, wherever possible, for construction of driveways, walkways and parking lots; and • Divert runoff away from material and waste storage areas and pollution-laden surfaces such as parking lots. Policy 10.5.4 Require new development and significant redevelopment to utilize site preparation, grading and foundation designs that provide erosion control to prevent sedimentation and contamination of waterways. Updated:2/13/2014 b Linda Sutherland D Packet Pg279 P Y r s: 2930 The project has been designed to meet all Fire Codes, and the Fire Department supports the approval of the project. It has all been designed to meet the requirements of all NPDES permits for all new developments, including an urban runoff reduction program. Conditions of approval and the Mitigation Monitoring Program require that adequate erosion control be provided during construction. The parcels created and the project will meet the lot size, lot coverage, and development standards in the Development Code as described in the staff report and in Table 2, above. 2. The design of the proposed subdivision is consistent with the General Plan. As described above, the proposed subdivision and the design of the project will implement the goals and polices contained in the General Plan. Each proposed parcel will have direct access to a public street. The proposed subdivision will facilitate operation of the existing and future residential uses, in compliance with the General Plan and Development Code, as shown in Tables 2, 3,4, 5, 6, and 7, above. 3. The site is physically suitable for the proposed type of development.. The project site is physically suitable for the existing and future multi-family residential uses. The Tentative Tract Map conforms to the subdivision design standards for minimum lot size and access as specified in the Development Code. The parcels will be accessible by existing streets. Connecting to the existing infrastructure surrounding the subject site will provide water, sewer, storm drain, and utility services. All potentially significant impacts can be mitigated, as demonstrated in the Mitigated Negative Declaration. Therefore, the site is physically suitable for existing and future residential uses. 4. The site is physically suitable for the proposed density of development. The site is physically suitable for the proposal in that the proposed subdivision is consistent with the Subdivision Map Act, the General Plan, the Development Code and the proposed parcels will be compatible with the surrounding pattern of development as discussed in Table 2, above. There are no physical constraints on the site that would preclude subdivision and development of the site as proposed, and all potentially significant impacts can be mitigated, as demonstrated in the Mitigated Negative Declaration. 5. The design of the subdivision is not likely to cause substantial environmental damage, or substantially and unavoidably injure fish of wildlife or their habitat. The subdivision will not cause substantial environmental damage or injure fish or wildlife or their habitat. A comprehensive environmental review was completed according to the CEQA Guidelines to determine the presence and extent of any environmental impacts, as discussed in the Initial Study (Attachment E), and will be subject to the mitigation measures in the Mitigation Monitoring/Reporting Program (MMRP). Further, the site is currently developed and located in an urbanized area and therefore, will not substantially damage or injure fish or wildlife or their habitat. Updated:2/13/2014 by Linda Sutherland D Packet Pg'280 , 2930 6 The design of the subdivision is not likely to cause serious public health problems. The design of the proposed subdivision meets all a pp licable Development Code requirements, which protect the public health and safety. The proposed subdivision will have direct access a public street and provides adequate provisions for drainage water supply, and landscape maintenance as discussed in the Initial Study (Attachment E). Emergency and public services will continue to have adequate access to future structures on the site. The proposed project will be subject to the mitigation measures in the Mitigation Monitoring/Reporting Program lA Lachinent D) that nnh11n1Ze serious public health and safety problems. 7. The design of the subdivision and related improvements will not conflict with any easements, acquired by the public at large, for access through or use of property within the proposed subdivision. The design of the subdivision will not conflict with any public easements. No conflicting easements have been identified, but any easements requiring reservation or relocation will be provided for under the review of the City Engineer prior to recordation of the Tentative Tract Map. FINDINGS OF FACT - CONDITIONAL USE PERMIT 1. The proposed use is conditionally permitted within, and would 0 not impair the integrity and character of the subject zone and complies with all of the applicable provisions of this Development Code, The proposed project, an affordable mixed-use/income housing project, is a permitted use under the RM land use classification, subject to approval of a Conditional Use Permit application. The project proposes less residential density than the maximum allowed by the Development Code with a density bonus, and exceeds the open space/landscaping requirements. The project design is consistent and compatible with other development in the vicinity, and it complies with the standards enumerated in Sections 19.04.030(2)(Q) and 19.04.030 (2) (L) for multi-family and senior housing projects, as well as other applicable provisions of the Development Code, as illustrated in Tables 2, 3, 4, 5, 6, and 7 of the staff report. Therefore, the proposal would not impair the integrity and character of the subject RM land use district. 2. The proposed use is consistent with the General Plan. The proposed use is consistent with the General Plan, as described in Tentative Map Finding No. 1. 3. The approval of the Conditional Use Permit for the proposed use is in compliance with the requirements of the California Environmental Quality Act and Section 19.20.030(6) of the Development Code. Updated:2/13/2014 by Linda Sutherland D �aPaCket Pg 281t� 6.B 2930 Approval of this Conditional Use Permit is in compliance with the requirements of the California Environmental Quality Act and Development Code Section 19.20.030 (6) pertaining to environmental resources and constraints. Approval of the proposed project would not result in any impacts on the environment that could not be mitigated to less than significant levels. Potentially significant impacts identified in the Final Mitigated Negative Declaration will be less than significant with implementation of the proposed mitigation measures in Attachment E. 4. T here viii be no potential'-_ significant negative un acts -u on environmental ualit and y g p _1 p q y natural resources that could not be properly mitigated and monitored. As noted in Finding No. 3 the proposed project complies with CEQA and Development Code requirements related to environmental review and protection of sensitive natural resources. Evidence and analysis in the Final Mitigated Negative Declaration demonstrates that all potentially significant environmental impacts of the project will be mitigated to less than significant levels by implementation of the recommended mitigation measures. 5. The location, size, design, and operating characteristics of the proposed use are compatible with the existing and facture land uses within the general area in which the proposed use is to be located and will not create significant noise, traffic or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity or adverse to the public interest, health, safety, convenience, or welfare of the City. The proposed project conforms to all applicable development standards and land use regulations of the RM land use district, as illustrated in Tables 2, 3, 4, 5, 6, and 7of the staff report. Therefore, the design of the project, in conjunction with the recommended conditions of approval, will ensure that the project will 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 will it be adverse to the public interest, health, safety, convenience or welfare of the City. The location, size, design and character of the proposed development will enhance the existing conditions in the area, much to the benefit of the public interest and general welfare of the City. All potential noise traffic or other potentially objectionable conditions can be mitigated, as shown in the Mitigated Negative Declaration. 6 The subject site is physically suitable for the type and density/intensity of use proposed. As discussed in Tentative Tract Map Finding 4, above, the project site is physically suitable for multi-family and senior housing, developed at the density proposed by Conditional Use Permit 11-13, as evidenced by the project's compliance with all applicable Development Code Standards noted in Tables 2, 3, 4, 5, 6, and 7. There are no physical constraints that would limit development of a affordable housing project on the site as proposed, and all potentially significant impacts can be mitigated, as shown in the Mitigated Negative Declaration. Therefore, the site is physically suitable for the proposed project. 7. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety. Updated:2/13/2014 by Linda Sutherland D Pac;et g 282'_ '6 B 2930 All agencies responsible for reviewing access and providing water, sanitation and other public services to the site have had the opportunity to review the proposal, and none indicated inability to serve the project site. Standard health and safety regulations will ensure that development of the project will not be detrimental to public health and safety. The Mitigated Negative Declaration also demonstrates that there are adequate provisions for access, and all utilities and services. FINDINGS OF FACT - DEVELOPMENT AGREEMENT 1. DA Finding: The Development Agreement is consistent with the City's General Plan and any applicable Specific Plans. The Waterman Gardens project that is the subject of the Development Agreement is consistent with the land uses and other applicable provisions of the General Plan, as further discussed in this staff report. As provided in Government Code Section 65915(f)(5), no general plan amendment is required for the density bonus. The Housing Element of the General Plan designates Waterman Gardens as an opportunity site for construction of lower income housing, and the development of the project will assist the City in meeting its Regional Housing Needs Allocation. General Plan Policy 2.7.5 requires that development be contingent upon the ability of public infrastructure to provide sufficient capacity to accommodate its demands, and the proposed project will continue to connect to City water and sewer services, roads, storm drains, and public utilities. There is no Specific Plan applicable to the site. 2. DA Finding: The Development Agreement is consistent with the Development Code. The Development Agreement is consistent with the Development Code (Title 19 of the San Bernardino Municipal Code), as demonstrated in Tentative Map Finding No. 1. Government Code Section 659150) further provides that no general plan or zoning code amendment is required for the development concessions approved as part of the project approvals. 3. DA Finding: The Development Agreement will promote the welfare and public interest of the City. Significant public benefits will be derived from the Waterman Gardens project, including: (1) redevelopment of 252 seventy-year old housing units affordable to low income households, resulting in modern infrastructure and improvements to the image of the area: (2) provision of 73 additional housing units for seniors affordable to low income households; (3) provision of 86 market-rate units to provide mixed-income housing; (4) improvements to Baseline Street, Waterman Avenue, and Olive Street to enhance vehicular and pedestrian safety, and which exceed the improvements necessitated by the impacts of the Project; (5) provision of more community amenities than the six required by the Development Code; (6) provision of community facilities, including recreational and training facilities; (7) enhanced public safety; (8) increased property tax valuation; and (9) short-term construction employment and long-term employment at the community facilities. Updated:2/13/2014 by Linda Sutherland D Packet Pg. 283 s.g 2930 CONCLUSION The proposed project is consistent with the General Plan and the design of the improvements conforms to applicable standards of the Development Code. The project's Mitigated Negative Declaration (MND) has been prepared in accordance with CEQA, and includes mitigation measures that will protect public health and safety. Staff believes that the proposal satisfies all Findings of Fact required for approval of Tentative Tract Map 18828 (Subdivision 11-03), j Conditional Use Permit 11-13 and Development Agreement 12-02. I RECOMMENDATION Staff recommends that the Mayor& Common Council adopt the Resolution which: I 1. Adopts the Mitigated Negative Declaration and Mitigation Monitoring/Reporting Program(Attaclunents D &E); and f 2. Approves Tentative Tract Map 18828 (Subdivision 11-03), Conditional Use Permit 11-13 and Development Agreement 12-02, based on the Findings of Fact contained in the Staff Report and subject to the Conditions of Approval (Attachment F). ! City Attorney Review: Supporting Documents: reso 2930 (PDF) Resolution- Waterman Gardens (DOC) agrmt 2930 (PDF) Development Agreement (PDF) Waterman Gardens Dev Agmt pdf 2.13.14 (PDF) Attachment A- location map (DOCX) Attachment B -WG Revised Exhibits (PDF) Attachment C - Conditions of Approval 2-18-14 (DOCX) Attachment D -Mitigation Monitoring Report (PDF) Attachment E -WG Mitigated Negative Declaration(PDF) Attachment F-PC Staff Report 12.11.2013 (PDF) Attachment G- Hearing Notice (DOC) I I i LUpdated:2/13/2014 by Linda Sutherland D Packet N.284 6-B' 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING TIME MITIGATED NEGATIVE DECLAR<TTON, 3 ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM, 4 APPROVING TENTATIVE TRACT MAP NO. 18829 AND CONDITIONAL USE PERMIT NO. 11-13, AND APPROVING AND AUTHORIZING EXECUTION OF 5 DEVELOPMENT AGREE ENT NO, 12-02 FOUL WA EDA1 AN G"r�RD�,Na. 6 SECTION 1. RECITALS N 7 WHEREAS, the Mayor and Common Council of the City of San Bernardino adopted the City's General Plan by Resolution No. 2005-362 on November 1, 2005; and a 8 WHEREAS, the Housing Authority of the County of San Bernardino on August 1, N co 9 2011 submitted applications for the redevelopment of the existing Waterman Gardens Public Housing Project b applying for Tentative Tract Ma No. 18829 Subdivision 11-03) and ~ 10 g j Y p { � 11 Conditional Use Permit No. 11-13 and later applying for Development Agreement No. 12-02 on March 7, 2012 ("Project Approvals"); and a. 12 D WHEREAS, the redevelopment of Waterman Gardens includes replacement of the 13 existing 252 housing units with a total of 411 units, including 325 affordable units (73 units 14 affordable to seniors) and 86 market-rate units, and associated community facilities and open space amenities ("Project"), as further described in the staff report prepared for the February 15 18, 2014 meeting of the Mayor and Common Council ("Staff Report"); and L 16 WHEREAS, on March 14, 2013, the Development/EnvironmentaI Review Committee 17 (D/ERC) reviewed plans for the Project and recommended that a Notice of Intent to Adopt a o Mitigated Negative Declaration be released for public review; and N 18 WHEREAS, the Draft Mitigated Negative Declaration was circulated for public Cl) 19 review for a 30-day period from March 21, 2013 to April 19, 2013; and N 0 20 WHEREAS, the Final Mitigated Negative Declaration, which is attached to the Staff L 21 Report as Attachment E and incorporated herein by this reference, includes the comments a received on the Draft Mitigated Negative Declaration and the responses to those comments; E 22 and o w 23 WHEREAS, although the Final Mitigated Negative Declaration identified potentially Q 24 significant adverse environmental effects that could result if the Project were implemented, all significant adverse environmental effects will be avoided or mitigated by the implementation 25 of the mitigation measures as set forth in the Mitigation Monitoring/Reporting Program 26 attached to the Staff Report as Attachment D and incorporated herein by this reference; and 27 WHEREAS, on July 17, 2013, the Planning Commission of the City of San 28 Bernardino held a duly and properly noticed public hearing on the Project to consider written I Packet Pg 285 .a 1 and oral comments on the Project Approvals, the Final Mitigated Negative Declaration, and the Mitigation Monitoring/Reporting Program, which hearing was subsequently continued to 2 December 11, 2013; and 3 WHEREAS, the Planning Commission, after receiving public testimony, by a vote of 4 7-1, recommended on December 11, 2013 that the Mayor and Common Council adopt the 5 Final Mitigated Negative Declaration and the Mitigation Monitoring/Reporting Program and approve Tentative Tract Map No. 18829 (Subdivision 11-03), Conditional Use Permit No. ll- 6 13, and Development Agreement No. 12-02, subject to Conditions of Approval, and based on c the Findings of Fact contained in the Planning Commission staff report; and WHEREAS, the Mayor and Common Council conducted a duly and properly noticed a 0 public hearing on February 18, 2014, and fully reviewed and considered the Final Mitigated co 9 Negative Declaration; the Mitigation Monitoring/Reporting Pro ram the proposed Project ect 5r-; 10 A pp rovals; the Staff Report rt containing Findings of g g Fact, Conditions of Approval, 11 Attachments, and Exhibits; and the recommendation of the Planning Commission with respect to the Final Mitigated Negative Declaration, the Mitigation Monitoring/Reporting Program, 12 U and the Project Approvals (collectively the "Supporting Documents"), which are hereby N 13 incorporated by reference in this Resolution; and, together with the Recitals and any public 14 testimony received, form the evidentiary basis and establish the analytical route for reaching the ultimate findings and conclusions contained in this resolution. 15 L 16 r NOW, THEREFORE, BE IT RESOLVED, THE MAYOR AND COMMON 17 COUNCIL HEREBY RESOLVE, FIND,AND DETERMINE THE FOLLOWING: M O� 18 SECTION 2. MITIGATED NEGATIVE DECLARATION 19 A. The facts and information contained in the above Recitals and Supporting o 20 Documents are true and correct and are incorporated herein by this reference. 21 B. The Mayor and Common Council have considered the proposed Final Mitigated Negative Declaration together with any comments received during the public review process. 22 C. The Final Mitigated Negative Declaration reflects the City's independent review, r Q 23 analysis and judgment. The Mayor and Common Council hereby adopt the Final Mitigated 24 Negative Declaration, finding, on the basis of the whole record before them, including the 25 Initial Study, any comments received, and the Mitigation Monitoring/Reporting Program, that there is no substantial evidence that the Project will have a significant effect on the 26 environment. 27 D. All potentially significant adverse environmental effects will be avoided or Q28 mitigated by the implementation of the mitigation measures set forth in the Mitigation 2 Packet Pg.286 7 1 Monitoring/Reporting Program. The Mayor and Common Council hereby adopt the Mitigation Monitoring/Reporting Program. 2 E. The location and custodian of the documents that constitute the record of 31 proceedings on which the City's action is based are: Community Development Director, 4 Community Development Department, San Bernardino City Hall, 300 North "D" Street, 3rd Floor, San Bernardino, CA 92418. 5 F. The adoption of the Final Mitigated Negative Declaration and the Mitigation 6 Monitoring/Reporting Program shall be effective immediately upon adoption of this c 7 Resolution. N a 0 8 SECTION 3. APPROVAL OF THE TENTATIVE TRACT MAP co 9 Based upon the Findings of Fact contained in the Staff Report and the evidence in the � 10 Supporting Documents, Tentative Tract Map No. 18829 (Subdivision 11-03) (included in 11 Attachment F to the Staff Report and incorporated herein by reference) is hereby approved subject to the Conditions of Approval (Attachment C to the Staff Report). The approval of M 12 Tentative Tract Map No. 18829 (Subdivision 11-03) shall be effective immediately upon U 13 adoption of this Resolution. 14 SECTION 4. APPROVAL OF THE CONDITIONAL USE PERMIT � 15 Based upon the Findings of Fact contained in the Staff Report and the evidence in the E 16 Supporting Documents, Conditional Use Permit No. 11-13 (included in Attachment F to the M 17 Staff Report and incorporated herein by reference) is hereby approved subject to the o Conditions of Approval (Attachment C to the Staff Report). The approval of Conditional Use N 18 Permit No. 11-13 shall be effective immediately upon adoption of this Resolution. o M 19 N SECTION 5. APPROVAL OF THE DEVELOPMENT AGREEMENT 20 A. Based upon the Findings of Fact contained in the Staff Report and the evidence c 21 in the Supporting Documents, Development Agreement No. 12-02 for the Waterman Gardens E 22 Project is hereby approved (attached as Exhibit A to this Resolution and incorporated herein by reference). The Mayor and Common Council hereby authorizes and directs the City Q 23 Manager to execute Development Agreement No. 12-02 on behalf of the City. This 24 Agreement shall be null and void if the parties fail to execute it within sixty (60) days from 25 the date of approval by the Mayor and Common Council. 26 B. Notwithstanding any other provision herein, the approval of Development Agreement No. 12-02 shall become effective 30 days after the adoption of this Resolution by 27 the Common Council and approval by the Mayor. 28 3 Packet Pg:287' i a t. tS 1 C. No later than 10 days after Development Agreement No. 12-02 is effective and has been executed by all parties, the City Clerk shall record with the San Bernardino County 2 Recorder a copy of the Development Agreement, as required by Govern:ner�t Code Section 3 65868.. 4 SECTION 6. NOTICE OF DETERMINATION 5 In accordance with the provisions of this Resolution, the Planning Division is hereby 6 directed to file a Notice of Determination with the County of San Bernardino Clerk of the 0 7 Board of Supervisors. a o g N co 9 T 10 r a 12 13 Mr M 14 1 15 E 16 M 17 18 0 19 N o N 20 21 E t 22 U w w 23 a 24 25 26 27 28 4 " ,P et I I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING THE MITIGATED NEGATIVE DECLARATION, 2 ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM, APPROVING TENTATIVE TRACT MAP NO. 100829 AND CONDITIONAL USE 31 PERMIT NO. 11-13, AND APPROVING AND AUTHORIZING EXECUTION OF 4 DEVELOPMENT AGREEMENT NO. 12-02 FOR WATERMAN GARDENS. 5 6 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor 7 and Common Council of the City of San Bernardino at a meeting thereof, held on a 8 the day of , 2014, by the following vote to wit: q 9 00 10 � Council Members: AYES NAYS ABSTAIN ABSENT T 11 MARQUEZ r n. 12 JENKINS 13 VALDIVIA _ d 14 SHORETT W+' NICKEL 15 E JOHNSON d 16 MULVIHILL 17 M 18 M 19 Georgeann Hanna, City Clerk N o 20 L The foregoing Resolution is hereby approved this day of c CD 21 2014. E 22 w w 23 PATRICK J. MORRIS,Mayor Q City of San Bernardino 2q, Approved as to farm: GARY D. SAENZ 25 City Attorney 26 By: 27 28 5 Packet Pg. 6S , i RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of San Bernardino nttii: City iviaiiagcr 300 North"D" Street,6`h Floor San Bernardino, California 92418 N 0 Exempt from,Recording Fee a Pursuant to Government o Code Section 27383 N co co Space above this line for Recorder's Use Only t— M r a U DEVELOPMENT AGREEMENT WATERMAN GARDENS E L By.and Between THE CITY OF SAN BERNARDINO c M 0 and 0 M HOUSING AUTHORITY OF a) :_ THE COUNTY OF SAN BERNARDINO R c as E ,2014 a 1373108\1183096.21 2/13/2014 Packet Pg:290,k i TABLE OF CONTENTS Page ARTICLEI DEFINITIONS .........................................................................................................3 1.1 Definitions.............................................................................................................3 1.2 Capitalized Terms.................................................................................................5 1.3 Exhibits.................................................................................................................5 ARTICLE II GENERAL PROVISIONS............ ... ..................................................................5 N 0 2.1 Parties....................................................................... .........................................5 r 2,2 Relationship of City and Land Owner..................................................................7 0 Cn 2.3 Description of Property.........................................................................................7 N 2.4 Effective Date. ......................................................................................................7 co r 2.5 Execution and Recording................................................... .....7 .............................. 2.6 Term......................................................................................................................7 2.7 Provisions Required by Statute.............................................................................7 2.8 Discrepancies........................................................................................................8 a. ARTICLE III DEVELOPMENT OF THE PROPERTY..............................................................8 v a N 3.1 Use of the Property and Applicable Law Subject to Agreement..........................8 m 3.2 No Conflicting Enactments...................................................................... ..........9 3.3 Subsequently Enacted Rules and ReguIations......................................................9 3.4 Initiatives and Referenda. .............................................................. ......................9 3.5 Compliance With Requirements of Other Governmental Entities. ....................10 E m w 3.6 City's Police Power.............................................................................................10 M 3.7 Subsequent Development Approvals for the Property.......................... ........11 3,8 Life of City Approvals and Subsequent Approvals............................................I l 3.9 Timing of Development......................................................................................12 N 3.10 Land Owner Obligations............................ 3.11 City Obligations..................................................................................................12 3.12 Mutual Obligations of the Parties.......................................................................14 E L ARTICLE IV AMENDMENT, CANCELLATION,AND TERMINATION OF AGREEMENT................................................................................................................14 c as 4.1 Amendment or Cancellation Procedure.............................................................. 14 4.2 Recordation of Amendment or Cancellation. .....................................................15 w 43 Amendments to Development Agreement Legislation.......................................15 Q ARTICLE V ANNUAL REVIEW.............................................................................................15 5.1 Annual Review....................................................................................................15 5.2 Contents of Report..............................................................................................15 53 Waiver.................................................................................................................16 ARTICLE VI DEFAULT,REMEDIES,AND TERMINATION--........ .....................16 i 13731080 1 8309 6.21 2113/2014 RacKetPg�29'� TABLE OF CONTENTS Page 6.1 Default.................................................................................................................16 6.2 Remedies for Default..........................................................................................16 6.3 Notice and Procedure Regarding Defaults..........................................................16 ARTICLE VII ESTOPPEL CERTIFICATE..............................................................................18 ARTICLE VIII TRANSFERS,ASSIGNMENTS ................................18 N T 8.1 Agreement Runs With the Land. ........................................................................18 Q 8.2 Right to Assign. ..................................................................................................18 0 8.3 Release Upon Sale or Completion of Development...........................................20 N 0 o ARTICLE IX MORTGAGEE PROTECTION..........................................................................20 F- 9.1 Mortgage Protection............... 9.2 Mortgagee Not Obligated.. .................................................................................20 9.3 Notice of Default to Mortgagee..........................................................................21 = 9.4 No Supersedure............................................................. ..................................21 v 9.5 Mortgagee Protection..........................................................................................21 y c v ARTICLEX NOTICES..............................................................................................................21 10.1 Notices................................................................................................................21 E L ARTICLE XI MISCELLANEOUS............................................................................................22 11.1 Third-Party Legal Challenge...............................................................................22 0 11.2 Bankruptcy..........................................................................................................23 m 11.3 Applicable Law/Venue/Attorneys'Fees and Costs.............................................23 11.4 Further Assurances..............................................................................................23 M 115 Severability.........................................................................................................23 N 11.6 Nondiscrimination...............................................................................................23 c L 11.7 Land Owner Right to Rebuild,................................. ` 11.8 Headings. ............................................................................................................23 11.9 Agreement is Entire Understanding .. 24 11.10 Interpretation................................ ....................................................................24 E 11.11 Recordation of Termination................................................................................24 cc 11.12 Signature Pages;Execution in Counterparts.............. Exhibit A: Legal Description Exhibit B: Concessions Pursuant to Density Bonus Law Exhibit C: Current Processing Fee Schedule Exhibit D: Current Impact Fee Schedule 1> 1373\08\1183096.21 2/13/2014 3 1 i DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (the "Agreement") is made and entered into in the City of San Bernardino on the day of , 2014, by and between the CITY OF SAN BERN A RT1INO ,aA munici al cor to under c p pora�,on organized and existing he laws of the State of California (the "City"), and the Housing Authority of the County of San Bernardino, a public body, corporate and politic (the "Land Owner"), pursuant to the authority of Sections 65864 through 65869.5 of the California Government Code and Chapter 19.40 of the San ° l Bernardino Municipal Code. The City and the Land Owner are, from time to time, individually a referred to in this Agreement as a"Party"and collectively referred to as the"Parties." o N RECITALS Go TC G A. To strengthen the public planning process, encourage private participation in F comprehensive planning, and reduce the economic risk of development, the Legislature of the State of California adopted Government Code Sections 65864 through 65869.5 (the r "Development Agreement Law"), which authorizes the City and any person having a legal or a. equitable interest in real property to enter into a development agreement and, among other v things, establish certain development rights in property which is the subject of a development project application. The Mayor and Common Council of the City of San Bernardino a� (collectively, the "City Council") adopted Chapter 19.40 of the San Bernardino Municipal Code to govern the processing of development agreements by the City. C7 Q c B. Land Owner is the fee owner of the real property located within the City of San d Bernardino, County of San Bernardino, State of California, as further described in Exhibit A attached hereto and incorporated herein by this reference(the "Property"), 0 C. Land Owner proposes to develop the Property to include the demolition of 252 a existing residential units (the "Existing Dwelling Units") and the construction of a development N consisting of seventy-three (73) units restricted for senior citizens (the "Senior Units") and three hundred thirty-eight (338) non-senior units (the "Non-Senior Units") for a total of four hundred N eleven (411) residential units and community uses totaling 129,800 square feet (including a day E care center, social service/recreation center, administration building and maintenance facility) to be known as Waterman Gardens (the "Project"). The Project includes development of the Property as contemplated by the City Approvals,this Agreement, and Subsequent Approvals. d E D. Entering into this Agreement is acknowledged to be to the mutual benefit of the o City and the Land Owner and is approved by the City in consideration of the significant public Q benefits to be derived from the Project, including: (1) redevelopment of 252 seventy-year old housing units affordable to low income households: (2) provision of 73 additional housing units for seniors affordable to low income households; (3)provision of 86 market-rate units to provide mixed-income housing; (4) improvements to Baseline Street, Waterman Avenue, and Olive Street to enhance vehicular and pedestrian safety, and which exceed the improvements necessitated by the impacts of the Project; (5) provision of more community amenities than the six required by the Development Code; (6) provision of community facilities, including recreational and training facilities; (7) enhanced public safety; (8) increased property tax 1 1373\08\1 1 83096.21 2113n014 Packet Pg:293; valuation; and (9) short-term construction employment and long-term employment at the community facilities. E. Under the California State Density Bonus Law (Government Code Section 65915 et seq.; the "Density rByonus Law"), the Project is entitled to receive a density bonus of up to thirty-five,percent(351x), three concessioons and :nCent=v,-e !uaiverc�;ind n-irki er conce..g.cinng '.-lll as defined in the Density Bonus Law. F. The following approvals, entitlements, and findings have been adopted by the c City with respect to the Property: Q 0 1. The Mayor and Common Council adopted a Mitigated Negative a, Declaration for the Project on February 18, 2014 (the "MND"). As required by the California co Environmental Quality Act ("CEQA"), the City adopted written findings and a Mitigation Monitoring and Reporting Program on February 18, 2014. h M 2. The Planning Commission recommended approval of Tentative Tract Map No. 18829 (Subdivision No. 11-03)with respect to the Property on December 11,2013. a M 3, The Planning Commission recommended approval of Conditional Use v Permit No. 11-13 (for the density bonus, concessions and incentives permitted by Government Code Section 65915 and Municipal Code Section 19.04.030(D)(1))with respect to the Property. 4. The Mayor and Common Council approved this Agreement, Tentative = Tract Map No. 18829 and Conditional Use Permit No. 11-13 as more fully set forth below. ca E a� The City actions identified above are collectively referred to as the"City Approvals." The City Approvals incorporate all conditions of approval of Tentative Tract Map 18829 (Subdivision 11-03) and Conditional Use Permit 11-13 and all plans submitted by the Land M Owner to the City and incorporated into the City Approvals, including but not limited to the site plans,landscape plan,floor plans,and building elevations date-stamped November 5, 2013. c M G. The development of the Project will require future discretionary and ministerial r approvals from the City, potentially including, but not limited to, encroachment permits, C demolition permits, grading permits, building permits, final inspections, and certificates of occupancy consistent with the City Approvals (the "Subsequent Approvals"). "Subsequent Approvals" also include any review required by CEQA or NEPA, including implementation of E all mitigation measures, monitoring programs, and conditions adopted as part of the City 0 Approvals. r Q H. To ensure that the intent of the City and Land Owner with respect to the City Approvals are carried out, the Parties desire voluntarily to enter into this Agreement in order to facilitate development of the Project subject to the conditions and requirements included in this Agreement. 1. The Planning Commission, on December 11, 2013, after giving required notice, conducted a public hearing on this Agreement, as required by Municipal Code Chapter 19.40, and recommended that the Mayor and Common Council approve this Agreement. The Mayor 2 1373\08\1183096.21 2/13/2014 Packet P 294, and Common Council on February 18, 2014 (the "Adoption Date"), after giving required notice, conducted a public hearing and adopted Resolution No, approving this Agreement and making all findings and determinations relating to this Agreement which are required by the Development Agreement Law and by Municipal Code Chapter 19.40. T. The Mayor and Common C^.►:nCi1 find that eneC itivn of t1i15 AgrePiTiciti and the performance of and compliance with the terms and conditions set forth herein by the Parties: (i) are in the best interests of the City; (ii)will promote the public convenience, general welfare and N good land use practices in the City; (iii) will promote preservation and enhancement of land ° 1 values in the City; (1v) will encourage the development of the Project by providing a reasonable level of certainty to the Land Owner; and(v) will provide for orderly growth and development in o a manner consistent with the General Plan, the Development Code and other plans and c•► regulations of the City. co NOW, THEREFORE, with reference to the foregoing Recitals and in consideration of r the mutual promises, obligations and covenants herein contained, the sufficiency of which M consideration is hereby acknowledged,City and Land Owner agree as follows: r T a, a U N AGREEMENT L The introductory paragraph, the Recitals, and all defined terms set forth in both are hereby incorporated into this Agreement as if hereinafter fully and completely rewritten. ca E L a) a. ARTICLE I c DEFINITIONS 0 M 1.1 Definitions. The following defined terms are used in this Agreement. 0 1.1.1 "Adoption Date" is defined in Recital I. N 1.1.2 "Agreement" is defined in the first paragraph,page 1. E R 1.1.3 "Annual Report" is defined in Section 5.1. a� 1.1.4 "Applicable Law" is defined in Section 3.1.2. 1.1.5 "Assignee"is defined in Section 8.2.1. Q 1.1.6 "Assignment"is defined Section in 8.2.2. 1.1.7 "CEQA"is defined in Recital F. 1.1.8 "City" is defined in the first paragraph, page 1 and in Section 2,1.1(a) 1.1.9 "City Approvals" is defined in Recital F. 3 1373\08N1 183096.21 2/13n014 Packet Pg.295 1 a 1.1.10 "City Council" is defined in Recital A. 1.1.11 "City Fees" is defined in Section 3.11.3. i 1.1.12 "City Law" is defined in Section 3.2.1 1.1.13 "Current Impact Fee Schedule"is defined in Section 3.11.3(b)(iii), J 1.1.14 "Current Processing Fee Schedule" is defined in Section 3.11.3(a). o N 1.1.15 "Declaration of Default" is defined in Section 62. Q o 1.1.16 "Default"is defined in Section 6.1. co W 1.1.17 "Density Bonus Law"is defined in Recital E. M 1.1.18 "Density Bonus Ordinance" is defined in Section 3.11.2. e; 3 T 1 1.1.19 "Development Agreement Law" is defined in Recital A. M U 1.1.20 "Effective Date" is defined in Section 2.4. n 1 1.1.21 "Existing Dwelling Units" is defined in Recital C. 1.1.22 "Fee Study" is defined in Section 3.11.3(b)(i). � E L 1.1.23 "FONSI" is defined in Recital F. °' 0 1.1.24 "Impact Fees" is defined in Section 3.11.3. o M 1.1.25 "Land Owner" is defined in the first paragraph,page 1. 0 M 1.1.26 "MND" is defined in Recital F. a) N r+ i,1.27 "Mortgage"is defined in Section 9.1. E rn M 1.1.28 "Mortgagee" is defined in Section 9.1 and Section 9.5. a m E 1.1.29 "NEPA" is defined in Recital F. r 1.1.30 "Non-Senior Units" is defined in Recital C. Q 1.1.31 "Notice of Default" is defined in Section 6.3.1(a). l.1.32 "Party" and "Parties" are defined in the first ara rah e 1. p g P >pa g 1.1.33 "Planning Commission" is defined in Recital F. l.1.34 'Processing Fees" is defined in Section 3.11.3. 4 137310811183096.21 2/13/2014 Packet Pg 296_. 3 a r 1.1.35 "Project" is defined in Recital C. 1.1.36 "Property" is defined in Recital B. 1 1.1.37 "Senior Units" is defined in Recital C. 1.1.38 "Subsequent Approvals" is defined in Recital G. r 1.1.39 "Term" is defined in Section 2.6. q 3 N T 1.1.40 "Third Party Challenge"is defined in Section 11.1.1. a o 1.1.41 "Water Department" is defined in Section 3.11.3. co 3 1.2 Capitalized Terms. If any capitalized terms contained in this Agreement are not defined above, then any such terms shall have the meaning otherwise ascribed to them in this r, Agreement. a. I 1.3 Exhibits. The following Exhibits are attached hereto and incorporated into this Agreement: v y Exhibit A: Legal Description Exhibit B: Concessions Pursuant to Density Bonus Law Exhibit C: Current Processing Fee Schedule = Exhibit D: Current Impact Fee Schedule f0 E L Q� Y ARTICLE II GENERAL PROVISIONS as N 2.1 Parties, M 2.1.1 The City. w 1 E (a) The City is a charter city and a municipal corporation duly cD # organized and validly existing under the laws of the State of California.The office of the City is located at 300 North "D" Street, 6`h Floor, San Bernardino, California 92418. "City," as used in this Agreement, includes the City of San Bernardino and any assignee or successor to its rights, powers and responsibilities. Q (b) The City represents and warrants that, as of the Effective Date of this Agreement: (i) The execution and delivery of this Agreement and the performance of the obligations of the City have been duly authorized by all necessary actions and approvals required for a municipal corporation; 5 137310811183096.21 211312014 Packet Pg. 297 (ii) The City is in good standing and has all necessary powers under the laws of the State of California and in all other respects to enter into and perform the undertakings and obligations of this Agreement, and (iii) This Agreement is a valid obligation of the City and is enforceable in accordance with its teruns. 2.1.2 The Land Owner. N 0 (a) Land Owner is the Housing Authority of the County of San r Bernardino, a public body, corporate and politic. For the purposes of this Agreement, the Land o Owner's office is 715 East Brier Drive, San Bernardino,California 92408. N co 00 (b) Land Owner represents and warrants that, as of the Effective Date of this Agreement, Land Owner is: M (i) The sole fee owner of the Property; a. (ii) Duly organized and validly existing under the laws of the U State of California; c` N C _ (iii) Qualified and authorized to do business in the State of California and has duly complied with all requirements pertaining thereto; and (iv) In good standing and has all necessary powers under the E laws of the State of California to own property and in all other respects enter into and perform ; the undertakings and obligations of this Agreement. (c) Land Owner further represents and warrants: N_ (i) That no approvals or consents of any persons are necessary o for the execution, delivery or performance of this Agreement by Land Owner, except as have N been obtained; .. c L (ii) That the execution and delivery of this Agreement and the performance of the obligations of Land Owner have been duly authorized by all necessary c actions and approvals required under Land Owner's organizational documents; E s (iii) That this Agreement is a legal, valid, and binding obligation of Land Owner and is enforceable in accordance with its terms; a (iv) That the execution, delivery, and performance of this Agreement by the Land Owner does not and will not materially conflict with, or constitute a material violation or material breach of, or constitute a default under (a) the Land Owner's organizational documents (b) any law, rule, or regulation binding upon or applicable to the Land Owner, or(c) any material agreements to which the Land Owner is a party; 0 (v) That, unless otherwise disclosed in writing to the City prior to the date of the City Council's adoption of this Agreement, and except for threats of litigation 6 1373\08]183096.21 2/13/2014 Packet Pd 298 expressed in public hearings relating to the City Approvals, there is no existing or, to the Land Owner's reasonable knowledge, pending or threatened litigation, suit, action, or proceeding before any court or administrative agency affecting the Land Owner or, to the best knowledge of the Land Owner, the Property, that would, if adversely determined, materially and adversely affect the Land Owner or the Property or the Land Owner's ability to perform its obligations under this Agreement or to develop and operate the Project; and (vi) That Land Owner and/or any person or entity owning or N operating the Property, has duly obtained and maintained, or will duly obtain and maintain, all ° N licenses, permits, consents, and approvals required by all applicable governmental authorities to Q develop, sell, lease,own, and operate the Project on the Property. o C*4 2.2 Relationship of City and Land Owner. The Parties specifically acknowledge that 00 this Agreement is a contract that has been negotiated and voluntarily entered into by the City and the Land Owner and that the Land Owner is an independent contractor and not an agent or partner of the City. The Parties further acknowledge that neither Party is acting as the agent of the other in any respect hereunder and that each Party is an independent contracting entity with respect to the terms,covenants, and conditions contained in this Agreement. 0- U None of the terms or provisions of this Agreement shall be deemed to create a partnership w between or among the Parties in the business of the Land Owner, the affairs of the City, or a otherwise. The City and Land Owner hereby renounce the existence of any form of joint venture or partnership between them, and agree that nothing contained in this Agreement or in any document executed in connection with this Agreement shall be construed as making City and Land Owner joint venturers or partners. E 2.3 Description of Property. The Property which is the subject of this Agreement is described in Exhibit A, attached hereto and incorporated herein by this reference. �c as 2.4 Effective Date. This Agreement shall become effective thirty (30) days after the Adoption Date(the "Effective Date"). N 2.5 Execution and Recording. Not later than ten (10) days after the Adoption Date, E the City and the Land Owner shall execute and acknowledge this Agreement. Not later than ten (10) days after the Effective Date, the City Clerk shall cause recordation of this Agreement with ; the San Bernardino County Recorder against the Property,provided that a referendum applicable to Resolution No. has not been timely submitted to the City. 2.6 Term. The term of this Agreement shall commence upon the Effective Date and Q continue for a period of twenty (20)years from the Effective Date(the"Term"), unless the Term is terminated, modified, or extended by the provisions of this Agreement. 2.7 Provisions Required by Statute. The Development Agreement Law provides, among other things,that a development agreement shall specify the following: 2.7.1 Duration of the Agreement. See Section 2.6 of this Agreement. 7 1373108\1 183096.21 2113n01a L Packef,Pg:299 2.7.2 Permitted Uses of the Property. See Section 3.1.1 of this Agreement and the City Approvals. 2,73 Density or Intensity of Uses. See Section 3.1.1 of this Agreement and the City Approvals. 2.7.4 Maximum Height and Size of Proposed Buildings. See Section 3.1.1 of this Agreement and the City Approvals. N 0 N 2.7.5 Reservation or Dedication of Land for Public Purposes, See Section 3.10 of this Agreement and the City Approvals. o a> N 2.7.6 Periodic Review Annually. See Article V of this Agreement. 0000 2.8 Discrepancies. Chapter 19.40 of the San Bernardino Municipal Code provides at F subsection 2 of Section 19.40.010, that: "Should any apparent discrepancies between the M meaning of these documents [Chapter 19.40, Section 65864 et seq. of the Government Code, and the Development Agreement] arise, then the documents shall control in construing the a development agreement in the following order of priority: v 2.8.1 "The plain terms of this Agreement itself; L 2.8.2 "The provisions of Municipal Code Chapter 19.40; and c 2.8.3 "The provisions of Development Agreement Law." E m ca ARTICLE III DEVELOPMENT OF THE PROPERTY N_ 3.1 Use of the Property and Applicable Law Subject to Agreement. The Property is o hereby made subject to the provisions of this Agreement. All development of or on the Property, N or any portion thereof, shall be undertaken only in compliance with the provisions of this Agreement and with Applicable Law. 3.1.1 Permitted Uses, The Project shall be developed in accordance with the City Approvals and this Agreement. During the Term of this Agreement, the permitted uses E of the Property, the density or intensity of use, the maximum height and size of proposed buildings, other zoning standards, provisions for reservation or dedication of land for public `0 purposes, and all other terms and conditions of development shall be those set forth in the City a Approvals. 3.1.2 Applicable Law. "Applicable Law" includes the City Approvals, the Subsequent Approvals consistent with the City Approvals and when approved by the City, this Agreement, and those ordinances, resolutions, rules, regulations, standards, policies, conditions, and specifications applicable to the Project in effect on the Effective Date, and except as otherwise provided in Sections 3.3 and 3.5. 8 1373\08\1 183096.21 2/13/2014 Packet;,Pg:300,! 3.2 No Conflicting Enactments. 3.23 Except as and to the extent required by state or federal law, and subject to the provisions of Sections 3.3 and 3.6 below, the City shall not impose on the Project any ordinance,resolution,rule,regulation, standard,policy, condition,or specification,including /_....6 individually, "%Ci i ll♦ � , , C ll 17y irtitiuti've �czt�ji a i..tiy lv,aw ), t11ai iias any � the tOtiUWing eIfeCtS On the rights provided by Applicable Law: N (a) Changes any land use designation or permitted use of the Project from that shown in Applicable Law; `N Q 0 (b) Limits or controls the rate, timing, phasing or sequencing of the N approval, development, or construction of all or any part of the Property except as set forth in 00 this Agreement and in Applicable Law; or g t•- (c) Limits or restricts any right specifically granted by the City Approvals or this Agreement, including, but not limited to, permitted uses and permitted floor area ratio. n U 3.3 Subsequently Enacted Rules and Regulations. N C d 3.3.1 The City may, during the term of this Agreement, apply such newer 2 City Laws that are in force and effect within the jurisdiction of the City for the class of Subsequent Approvals being applied for and which are not in conflict with the terms of this Agreement. The City may also modify the Applicable Law or the terms of this Agreement to E address a compelling public necessity regarding health and safety which was not known and °' could not have been known with the exercise of reasonable diligence on the Effective Date and that cannot reasonably be addressed by other means. c M Q1 3.3.2 The Parties recognize that planning and design considerations are constantly evolving and being modernized, and that development of the Project may from time to time require updating of City regulations and standards in order to achieve the most desirable outcomes for the City from the Project. Accordingly, the City agrees that, in accordance with E Section 3.11.1 below, it shall diligently and in good faith review and process to final action any M proposals made by the Land Owner for such updating of City regulations and standards. y c as 3.4 Initiatives and Referenda. E 3.4.1 if any City Law is enacted or imposed by a citizen-sponsored Q initiative or referendum, or by the City Council directly or indirectly in connection with any proposed initiative or referendum, which City Law would conflict with this Agreement, such City Law shall not apply to the Property. The Parties acknowledge, however, that the City's approval of this Agreement is a legislative action subject to referendum. 3.4.2 Without limiting the generality of any of the foregoing, no moratorium imposed by the City affecting subdivision maps,building permits, processing of off- site or on-site improvements,or any and all Subsequent Approvals shall apply to the Property. l 9 1 1373\08\1 183096.21 2/1312014 Packet Pg�301, 3.4.3 The timing, sequencing, and phasing of development within the Project shall be consistent with those timing, sequencing and phasing provisions specified in this Agreement,the City Approvals, and Applicable Law. 3.4.4 The City shall cooperate with Land Owner and shall undertake such actions as may be necessary to ensure this Agreement remains in full force and effect and that no conflicting enactments are imposed on the Property, except as otherwise authorized by this Agreement. 0 N 3.5 Compliance With Requirements of Other Governmental Entities. Q 0 3.5.1 During the Term, Land Owner shall comply with lawful N requirements of, and obtain all permits and approvals required by, other local,regional, state and 00 federal agencies having jurisdiction over Land Owner's activities in furtherance of this Agreement. Land Owner shall pay all required fees when due to federal, state, regional, or other F local governmental agencies other than the City and acknowledges that City does not control the amount of any such fees. a 3.5.2 City shall cooperate with Land Owner in Land Owner's effort to v obtain permits and approvals for the Project from federal, state, regional, and other local governmental agencies. -°'a L 3.5.3 As provided in California Government Code Section 658695, this Agreement shall not preclude the application to the Property of changes in laws, regulations, plans, or policies to the extent that such changes are specifically mandated and required by d changes In state or federal laws or regulations. In the event changes in the law prevent or preclude compliance with one or more provisions of this Agreement, this Agreement shall be modified as may be necessary to comply with such state or federal laws or regulations. The M Parties shall meet and confer in good faith in order to determine whether such provisions of this N Agreement shall be modified as may be necessary to comply with changes in the law, and City c and Land Owner shall agree to such action as may be reasonably required. It is the intent of the Parties that any such modification be limited to that which is necessary and to preserve to the extent possible the Project consistent with Applicable Law, This Agreement shall remain in full L force and effect to the extent it is not inconsistent with such changed laws or regulations. ea Nothing in this Agreement shall preclude the City or Land Owner from contesting by any available means (including administrative or judicial proceedings) the applicability to the E Property of any such state or federal laws or regulations and/or such state or federal laws or regulations themselves. r a 3.6 City's Police Power. The Parties acknowledge and agree that the limitations, reservations, and exceptions contained in this Agreement are intended to reserve to the City that part of its police power which cannot be limited by contract, and this Agreement shall be construed to reserve to the City that part of its police power which cannot be restricted by contract. 10 1373\08\1183096.21 2/1312014 Packet Pg. 302 i 1 i 3.7 Subsequent Development Approvals for the Property. 3.7.1 Applications for Subsequent Approvals are anticipated to be submitted to the City by the Land Owner. The City shall diligently and in good faith process in a manner as expeditious as reasonably possible all applications for Subsequent Approvals filed by Land Owner in accordance with the rights granted by this Agreement and by Applicable Law. In no event shall such processing exceed the time periods set forth in any applicable state laws and local ordinances or regulations, and any conditions or requirements imposed by the City in o connection with any such approvals or permits shall not conflict with Applicable Law or exceed those typically imposed by the City in connection with similar approvals for other affordable Q housing development projects in the City. The foregoing requirements are subject to the Land a� Owner's applications for Subsequent Approvals being in proper form for submittal and � processing, including all fees consistent with Section 3.11.3 below and all documents and information required by the City's generally applicable standards in effect at the time of submittal. M r 3.7.2 In connection with the City's commitment to diligent processing of r Subsequent Approvals in Section 3.11.1 below, the City shall, with the concurrence of the Land � Owner as to cost, engage consultants or assign City staff for the purpose of coordinating, v in facilitating, expediting and/or reviewing applications by the Land Owner for Subsequent Approvals. If approved by the Land Owner, the Land Owner shall bear the cost of compensation of such specially assigned consultants and staff and any other City expenses associated with such persons, except as otherwise provided herein. The consultants and staff assigned to the Project = shall at all times be persons having a level of training and experience commensurate with the size E E and complexity of the Project and the diversity of further approvals and permits required for the a; Project. 3.7.3 With the City Approvals, the City has made a final policy decision that the development of the Property is consistent with the City Approvals and is in the best N interests of the City's public health, safety, and general welfare. Accordingly, the City shall not o use its authority in considering any application for a Subsequent Approval that is consistent with N the City Approvals to change the policy decisions reflected by the City Approvals. Nothing E herein shall limit the ability of the City to require the necessary reports, analyses, or studies to a, assist in determining whether the requested Subsequent Approvals are consistent with Applicable m Law and this Agreement. T he City's review of the Subsequent Approvals shall be consistent with this Agreement, including, without limitation, Sections 3.2, 3.7, and 3.1 t.l of this Agreement. E To the extent consistent with CEQA and NEPA, as determined by the City in its reasonable discretion, the City shall utilize the ]AND and FONSI to review the environmental effects of a Subsequent Approvals and shall not require additional environmental review pursuant to CEQA and NEPA except as may be mandated by state or federal law as provided in Section 3.5.3 above. 3.7.4 Notwithstanding the above, as required by Government Code Section 65867.5, any and all tentative maps prepared for a subdivision of the Property shall comply with the provisions of Government Code Section 66473.7, if applicable, and shall be extended from time to time as required by Government Code Section 66452.6, 3.8 Life of City Approvals and Subse cent Approvals. If any City Approval or Subsequent Approval shall expire, Land Owner shall retain all vested rights contained in this I 137310811183096.21 2/13/2014 Packet,Pg.303 Agreement and shall be entitled to re-approval of the City Approvals and Subsequent Approvals consistent with Applicable Law. 3.9 Timing of Development. The Parties acknowledge that development of the Project will be affected by numerous factors outside the control of the Land Owner, e.g., general economic conditions, interest rates and market demand. Accordingly, the Parties hereby acknowledge and agree that the Land Owner may develop the Property in such order and at such rate and times as are appropriate within the Land Owner's business judgment, subject to N compliance by the Land Owner with the City Approvals and such other conditions and ° N requirements imposed by the City and not in conflict with this Agreement. a 0 3.10 Land Owner Obligations. N ° ° 3.10.1 As a material consideration for the long term assurances, vested g rights, and other City obligations provided by this Agreement, and as a material inducement to City to enter into this Agreement, Land Owner has offered and agreed to provide public r improvements to the City as set forth in the City Approvals and has further agreed to comply r with all of its obligations under this Agreement, including, in particular, the obligations set forth a. in this Section 3.10. v N 3.10.2 Prior to the issuance of the first building permit for the Project, Land (D Owner shall submit a final phasing plan to the City which shall specify the order in which the phases shall be built and which road improvements required by the City Approvals shall be completed as part of each phase of development. Land Owner shall substantially complete any required improvements to Baseline Street, Waterman Avenue, Olive Street, and La Junita Street L CD prior to final inspection of the first unit in the corresponding phase of development or shall post adequate security to ensure completion within 90 days. After Land Owner has improved La Junita Street to public street standards, City hereby agrees to accept the dedication of La Junita °' Street from Land Owner. N CD 3.11 City Obligations. N 3.11.1 Diligent Processing of Subsequent Approvals. City staff shall E diligently process in good faith all Subsequent Approvals and shall approve or recommend M cc approval or conditional approval to the Planning Commission and City Council of the Subsequent Approvals if, as determined by the City in its reasonable discretion, the Subsequent Approvals comply with Applicable Law, CEQA, NEPA and other relevant state and federal laws and regulations. w Q 3.11.2 Provision of Density Bonus and Concessions. Under the Density Bonus Law, the Project is entitled to receive a density bonus of up to thirty-five percent (35%), three concessions and incentives, waivers, and parking concessions, all as defined in the Density Bonus Law. Land Owner has applied for a density bonus of twenty-five percent (25%) for the Project pursuant to City Municipal Code Section 19.04.030(2)(D) (the "Density Bonus Ordinance") and the Density Bonus Law. Developer is also providing Senior Units which are allowed a fifty percent (50%) density increase pursuant to City Municipal Code Section 19.04.010(2)(E). City has approved the requested density bonuses,concessions, and incentives as shown in Exhibit B and incorporated herein by this reference. 12 1373\08%]183096.21 2713/2014 Packet Pg,304;'' I 3.11.3 Fees and Fee Credits. The Parties recognize that fees which may be ' imposed by the City ("City Fees") upon the Project fall within two categories (i) fees for processing applications for City actions or approvals ("Processing Fees"); and (ii) fees or other monetary exactions which are intended to defray the costs of public facilities related to development projects (e.g. parks, streets, utilities, including sewer and water connection fees, and traffic controls rrripact Fees '). (a) Processing_Fees. For a ten (10)-year period commencing upon the N Effective Date, the City shall charge Processing Fees against the Project based upon the ° processing fees in effect on the Effective Date of this Agreement, except for any processing fees t- imposed by the City Municipal Water Department (the "Water Department"), including but not o limited to sewer capacity fees and water acquisition of service charges imposed by the Water C4 Department. Additionally, the Land Owner shall reimburse the City for actual consultant costs 00 required to process Subsequent Approvals. A list of the categorises and amounts of Processing Fees in effect as of the Effective Date of this Agreement is attached hereto as Exhibit C (the "Current Processing Fee Schedule"). After the ten (10)-year period, the City may charge those C'- + reasonably justified Processing Fees which are in force and effect within the jurisdiction of the City for the broadly based class of Subsequent Approvals being applied for. 0 (b) Impact Fees. N W Within each phase of development, City may impose Impact Fees only for increased development within that phase. Land Owner shall pay no Impact Fees for development that replaces Existing Dwelling Units or existing square footage for non- residential structures within that phase. The Land Owner may defer payment of Impact Fees E imposed on each structure until the Iater to occur of the following for that structure: the time of the City's release of utility meters or final inspection. For any public facilities constructed by Land Owner which are included in any current Impact Fee list, such fees shall be credited in lieu o by City. The amount of the credit shall be limited to the amount of cost estimated for the N improvements as identified in the associated fee study (the "Fee Study")regardless of the actual cost. The amount of the credit shall not exceed the amount of the respective fee in question for which credit is sought. In the event that only a portion of a facility identified in the Fee Study is constructed, the credit amount will be a prorated amount that reflects the appropriate portion of L the estimated cost of the facility as identified in the Fee Study as determined by the Director of Public Works. c d (ii) Sewer Connection Fees. Notwithstanding any contrary provisions of Section 3.11.3(b)(i) above, Land Owner shall pay sewer connection fees for the Project as specified in Condition No. 41 in the conditions of approval of Tentative Tract Map Q 18829 (Subdivision 11-03) and Conditional Use Permit 11-13. (iii) Water Acquisition of Service Charges Imposed by the Water Department. Notwithstanding any contrary provisions of Section 3.11.3(b)(i) above, Land Owner shall pay water acquisition of service charges for a structure prior to final inspection of that structure; provided, however, that Land Owner shall only pay water acquisition of service charges for units developed in each phase in excess of the Existing Dwelling Units and existing square footage for non-residential structures in that phase. The number of Existing Dwelling Units and non-residential square footage shall be calculated for each phase, such that at project 13 1373\08\1183096.21 2113/2014 Packet'P !,1305 g „ completion, the Water Department shall credit Land Owner for water acquisition of service charges for all of the Project's Existing Dwelling Units and non-residential square footage in accordance with the Water Department's Rule and Regulation No. 5 and the City and Water Department approvals. Div) Sewer Ca aci. Fee,) Im osed by the Water Department. t 1 �' `Y P ,� Notwithstanding any contrary provisions of Section 3.11.3(b)(i) above, Land Owner shall pay sewer capacity fees for a structure prior to final inspection of that structure; provided, however, N that Land Owner shall only pay sewer capacity fees for units and non-residential square footage N developed in each phase in excess of the Equivalent Dwelling Units (EDUs) for the Existing a Dwelling Units and existing non-residential square footage in that phase. The number of EDUs o for the Existing Dwelling Units and existing non-residential square footage shall be calculated N for each phase, such that at project completion, the Water Department shall credit Land Owner co for sewer capacity fees for all of the Project's existing EDUs in accordance with City Municipal Code Section 13.08.055B and the City and Water Department approvals. E- M (v) For a ten (10)-year period commencing upon the Effective Date, the City shall charge Impact Fees against the Project based upon the processing fees in a. D effect on the Effective Date of this Agreement, except for sewer capacity fees, water acquisition v of service charges, and other Impact Fees imposed by the Water Department.. A list of the to categories and amounts of Impact Fees in effect as of the Effective Date of this Agreement is attached hereto as Exhibit D(the "Current Impact Fee Schedule"). After the ten (10)-year period, the City may charge those Impact Fees which are in force and effect within the jurisdiction of the = City for the broadly based type of development being applied for. E L CD (c) Fee Categories. The City shall not impose upon the Project any categories of fees or other monetary exactions which are not included within (i) the Processing Fees as those categories exist as of the date of this Agreement, or (ii) the Impact Fees as those Q categories exist on the Effective Date of this Agreement, unless required by state or federal law N or regulations. e M lA 3.12 Mutual Obligations of the Parties. City has agreed to provide Land Owner with the long term assurances, vested rights, and other City obligations described in this Agreement, L including, in particular, those City obligations described in this Article 1I1, in consideration for the Land Owner's obligations contained in this Agreement, including, in particular, those Land Owner obligations described in this Article III. Land Owner has agreed to provide City with the Land Owner obligations described in this Agreement, including, in particular, those Land Owner obligations described in this Article 111, in consideration for the City's obligations contained in Y this Agreement, including,in particular,those City obligations described in this Article III. a ARTICLE IV AMENDMENT,CANCELLATION,AND TERMINATION OF AGREEMENT 4,1 Amendment or Cancellation Procedure, This Agreement may be voluntarily terminated in whole or in part or amended by the mutual consent of the Parties or their successors in interest. In accordance with Municipal Code Chapter 19.40, the procedure for amendments shall be a tiered review procedure as follows: 14 1373\08\1183096.21 2/13(2014 Packet Pg 306 4.1.1 Amendment of City Approvals. To the extent permitted by local, state, and federal law, any City Approval may, from time to time, be amended or modified by submittal of an application from the Land Owner and following the procedures for such amendment or modification contained in the San Bernardino Municipal Code. Upon any approval of such an amendment or modification, the amendment or modification to the City Approval shall automatically be deemed to be incorporated into the Applicable Law and into the provisions of this Agreement without any further requirement to amend this Agreement. N 4,1.2 Other Amendments. Any other cancellation or amendment of this N Agreement may be made only upon compliance with the provisions of Government Code a Section 65858 and those procedures prescribed in Chapter 19.40 of the San Bernardino 0 Municipal Code for entering into a new development agreement, including, but not limited to, co public hearings before the San Bernardino Planning Commission and City Council and adoption oa T of the amendment or cancellation by resolution, 4.2 Recordation of Amendment or Cancellation. The City Clerk shall record any amendment or cancellation with the San Bernardino County Recorder not later than ten (10)days after the effective date of the action effecting such amendment or cancellation, accompanied by a M legal description of the Property. v_ N 4.3 Amendments to Development Agreement Legislation. This Agreement has been entered into in reliance upon the provisions of the Development Agreement Law, as those provisions existed at the date of execution of this Agreement. No amendment or addition to the Development Agreement Law which would materially affect the substantive provisions of this Agreement or the interpretation or enforceability of this Agreement shall be applicable to this E Agreement unless such amendment or addition is specifically required by the California State Legislature, or is mandated by a court of competent jurisdiction. If such amendment or change is permissive (as opposed to mandatory), this Agreement shall not be affected unless the Parties M mutually agree in writing to amend this Agreement to permit such applicability. N 0 M ARTICLE V N ANNUAL REVIEW E rn �a 5.1 Annual Review. This Agreement shall be subject to annual review, pursuant to California Government Code Section 65865.1. Within thirty (30) calendar days following each anniversary of Effective Date of this Agreement, the Land Owner shall submit to the City .� Manager written documentation demonstrating good-faith compliance with the terms of this o Agreement ("Annual Report"). Failure by the Land Owner to submit the Annual Report in a Q timely manner shall not itself constitute a breach of this Agreement, unless the City has first given the Land Owner a minimum of thirty (30) calendar days' written notice and the Land Owner fails to submit the Annual Report within thirty (30) calendar days after receipt of such written notice. 5.2 Contents of Report. The Annual Report and any supporting documents shall describe (i) any Subsequent Approvals which have been issued or for which application has been made and (ii) any development or construction activity which has commenced or has been completed since the recording date or the date of the preceding annual review. The City shall 15 1173\08V 183096.21 2113/2014 Packet fig:307, I review all the information contained in such report in determining the Land Owner's good faith compliance with this Agreement. 53 Waiver. The City does not waive any claim of defect in performance by the Land Owner if, at the time of an annual review, the City does not propose imrnediately to exercise its remedies hereunder. however, in the event that the lr'`.Ity, following receipt of the Annual Report for any year, fails to review the information contained therein and/or to determine the Land Owner's good faith compliance with this Agreement within ninety (90) calendar days following R j the date of such receipt, the Land Owner shall be deemed to be in good faith compliance with regard to the period covered by that Annual Report, Q o N ARTICLE VI °O co DEFAULT,REMEDIES,AND TERMINATION 6.1 Default. A Party's violation of any material term of this Agreement or failure by M any Party to perform any material obligation of this Agreement shall constitute a default r ("Default"). a M U 6.2 Remedies for Default. City and Land Owner acknowledge that the purpose of this Agreement is to carry out the Parties' objectives as set forth in the recitals. City and Land Owner agree that to determine a sum of money which would adequately compensate either Party for choices they have made which would be foreclosed should the Property not be developed as c9 ' contemplated by this Agreement is not possible and that damages would not be an adequate remedy. Therefore, City and Land Owner agree that in the event of a breach of this Agreement, CD the only remedies available to the non-breaching Party shall be: (a)suits for specific performance to remedy a specific breach, (b) suits for declaratory or injunctive relief, (c) suits for mandamus under Code of Civil Procedure Section 1085, or special writs, and (d)termination or cancellation c of this Agreement. Except for attorneys' fees and costs as set forth in Section 11.3 below, N monetary damages shall not be awarded to either Party. This exclusion on damages is limited to a breach of this Agreement and shall not preclude actions by a Party to enforce payments of monies due or the performance of obligations requiring the expenditures of money under Section N 3.10 of this Agreement. All of these remedies shall be cumulative and not exclusive of one E another, and the exercise of any one or more of these remedies shall not constitute a waiver or to election with respect to any other available remedy. Any legal action by a Party alleging a Default must be filed within ninety (90) days from date of declaring such default (the "Declaration of Default") as contained in the Notice of Default as defined below and after following the procedures in Section 6.3 below. r"�c a 6.3 Notice and Procedure Regarding Defaults. 6.3.1 Default by Land Owner. The Land Owner shall be deemed in Default of the terms of this Agreement if a finding is made by the City Manager, upon the basis 3 of substantial evidence, that the Land Owner has not complied with one or more of the material terms or conditions of this Agreement. A default on the part of an Assignee, as defined below, after an Assignment in conformance with all provisions of Section 8.2 below shall not constitute a Default of this Agreement by the Land Owner for those obligations under this Agreement that have been assigned to the Assignee. 16 1373\08%1193096.21 2/13/2014 =Packet Pd 308,.,,1-,1. (a) If the City Manager believes the Land Owner to be in Default of this Agreement, the City Manager or his or her designee shall make a Declaration of Default by giving the Land Owner thirty (30) calendar days' written notice specifying the nature of the alleged Default(the "Notice of Default") and, when appropriate,the manner in which the Default may be satisfactorily cured. Failure or delay in giving the Notice of Default shall not constitute a waiver of such violation. (b) The Land Owner may appeal a Declaration of Default by filing a N notice of appeal with the City Clerk within the thirty (30) calendar day cure period described in ° the preceding paragraph. The Land Owner's appeal shall be placed on the agenda of the next Q regularly scheduled meeting of the City Council, which shall be an open meeting but not a public hearing. If the City Council finds that a Default has occurred and is continuing, the Land Owner cm shall be given sixty (60) calendar days within which to cure such Default; provided that such 00 time period may be extended by the City Manager for a period not to exceed 180 calendar days, r upon a determination that the Land Owner is engaged in making good faith efforts to cure the Default. At the next City Council meeting following expiration of the period allowed by the City Council for curing the Default, or any extension thereof, the City Council shall set forth by a. motion or resolution its determination as to (i) the continuation of the Default and (ii) any action to be taken, which action may include amendment or termination of this Agreement. Any action v to terminate shall be in the form of a resolution supported by written findings and be in = compliance with Section 4.1 above. (c) After proper notice and expiration of the cure period without = appeal, cure, or commencement of substantial effort toward a cure by the Land Owner, the City E may take unilateral action by adoption of a resolution with written findings to terminate or amend this Agreement. 6.3.2 Default by City. The City shall be deemed in Default of the terms of M this Agreement upon failure of the City to carry out any of its obligations hereunder. N (a) If the Land Owner believes the City to be in Default of this Agreement, the Land Owner promptly shall make a Declaration of Default by filing a Notice of Default with the City Manager setting forth the grounds upon which a Default is claimed, facts in E support of such grounds, and the means through which such Default may be cured. The City shall have thirty (30) calendar days following the date of receipt of a Notice of Default from Land Owner within which to take action to deny the claim, cure the Default, or undertake substantial action toward the cure. �a w (b) If the action of the City is unsatisfactory to the Land Owner, the a Land Owner may make an appeal to the City Council, provided that, within ten (10) days following the date of receipt of the notice of denial of the claim, or within ten (10) days following the date of expiration of the cure period described in the preceding paragraph, whichever occurs first, the Land Owner files with the City Clerk a notice of appeal to the City Council. The City Council thereafter shall consider this matter on the agenda of its next regularly scheduled meeting, which shall be an open meeting but not a public hearing, at which the Land Owner may present information regarding the alleged violation. Based upon the information presented by the Land Owner, the City Council shall make a determination as to whether the City is in Default of this Agreement, as alleged by the Land Owner. i i 17 1373\0811183096.21 2/13/2014 Packet F'g.309:i 4 I ARTICLE VII ESTOPPEL CERTIFICATE Either Party may, at any time, and from time to time, deliver written notice to the other Party requesting such Party to certify in writing that, to the knowledge of the certifying Party, (a) this Agreement is in full force and effect and is a binding obligation of the Parties, (b) this Agreement has not been amended or modified or, if so amended or modified, identifying the amendments or modifications, and (c) the requesting Party is not in Default in the performance of its obligations under this Agreement, or if in Default, to describe the nature of any Default(s). N The Party receiving a request under this Article VII shall execute and return the certificate within Q thirty (30) days following receipt of the request. The City Manager is hereby authorized to execute on behalf of the City any certificate requested by Land Owner. Land Owner and the City N acknowledge that a certificate hereunder may be relied upon by transferees and Mortgagees. 00 ARTICLE VIII r TRANSFERS,ASSIGNMENTS a 8.1 Agreement Runs With the Land. v 8.1.1 This Agreement and all of its provisions, agreements,rights,powers, standards, terms, covenants and obligations shall be binding upon the Parties and their respective 108) heirs, successors (by merger, consolidation, or otherwise) and assigns, devisees, administrators, t7 representatives, lessees, and all other persons or entities acquiring the Property or any portion thereof, or any interest therein, whether by sale, operation of law, or in any manner whatsoever, E and shall inure to the benefit of the Parties and their respective heirs, successors (by merger, consolidation or otherwise)and assigns. S 0 8.1.2 All of the provisions of this Agreement shall be enforceable during N the Term as equitable servitudes and constitute covenants running with the land pursuant to law applicable to such servitudes and covenants, including, but not limited to, Section 1468 of the Civil Code of the State of California. Each covenant to do or refrain from doing some act on the N Property hereunder (a) is for the benefit of the Property and is a burden upon the Property, (b) L runs with the Property, and (c) is binding upon Land Owner and each successive owner during cc its ownership of the Property or any portion thereof, and each person or entity having any c interest in the Property. Every person who now or hereafter owns or acquires any right, title or E interest in or to any portion of the Property is and shall be conclusively deemed to have consented and agreed to every provision contained herein, whether or not any reference to this �o Agreement is contained in the instrument by which such person acquired an interest in the Q Property, 8.2 Right to Assign. 8.2.1 The Land Owner may assign its rights and obligations hereunder to any other person or entity ("Assignee"), at any time during the term of this Agreement, provided that: 18 1373%08\1 18309621 2/13/2014 Packet Pg.310 , I (a) (i) such assignment shall occur in connection with sale, hypothecation or other transfer of a legal or equitable interest in the Property or a portion thereof, including any foreclosure of a mortgage or deed of trust or a deed in lieu of foreclosure, or in connection with formation of a new entity which is the assignee and in which the Land Owner is a partner, member or other form of co-owner, or (ii) such assignment results from the formation, by Land Owitci, vi a new legal entity, in wnt4n Laud Owner has an interest, which will own all or a portion of the Property; and N (b) the Assignee demonstrates the following, to the reasonable satisfaction of ° the City Manager: (i) the ability to perform or secure any public improvement obligations a required by the City in connection with the Project or other interest being transferred, as o identified in the conditions of approval or elsewhere in the City Approvals; (ii) the financial c°'•i capabilities to meet the obligations of this Agreement as they relate to that portion of the Project 0 assigned to Assignee; and (iii)its expertise in managing projects similar in size to the Project or other interest being assigned. The City shall give the Land Owner written notice of its satisfaction or dissatisfaction with the proposed Assignee within thirty (34) calendar days of receipt by the City of the information the City requires pursuant to this Section.The City's failure to timely communicate to Land Owner its approval or disapproval shall result in City being deemed to have approved. The City shall, to the extent permitted by law, treat all such v information as confidential and proprietary, to be made available solely to City officials and staff = required to review it in order to carry out the purposes of this paragraph. L 8,2.2 The Land Owner shall give the City notice of any such assignment, c and the Assignee shall provide the City with notice acknowledging its acceptance of its obligations hereunder as a successor in interest to the Land Owner. Upon such assignment, the E ar acceptance thereof by the Assignee and provision of the required notices to the City by both the Land Owner and the Assignee, the Land Owner shall be relieved of its rights and obligations hereunder to the extent that such rights and obligations have been specifically transferred to and °M accepted by the Assignee. Only upon compliance with all of conditions set forth in this Section N 8.2 shall there be an assignment hereunder(the "Assignment"). c M 8.2.3 Each Assignee acquiring all or any portion of the Property, and thus w becoming an Assignee of the rights and obligations in this Agreement to the extent of such property acquisition, shall be entitled to each and all of the rights, and be subject to each and all of the conditions and obligations, set forth in, and established by, the City Approvals. Subsequent to an Assignment under this Section 8.2, all references in this Agreement to "Land Owner" shalt mean and refer, instead, to the Assignee as such references pertain to a portion of the Project acquired by the Assignee. r a 8.2.4 Upon Assignment and approval of that Assignment as provided in Section 8,2.1 above, such Assignee shall be entitled to all of the rights and be subject to all of the obligations as set forth in this Agreement, as such rights and obligations apply specifically, either wholly or pro-rata, to that portion of the Project to which Assignee has acquired an interest as the result of such Assignment. Such rights and obligations shall include, by way of example only, the obligations concerning Impact Fees and the rights concerning waivers and refunds, each and all as they apply to that portion of the Project so assigned. Any default by the Land Owner in the terms or conditions of this Agreement or in the City Approvals, existing at the time of assignment of any of its rights and obligations hereunder, shall remain the obligation of the Land 19 1173\09\1 1 83 096.21 2/13/2014 Packet Pg..311. Owner, unless the Assignee expressly accepts such obligation and the City expressly approves the assignment of such obligation. Any default by the Assignee in the terms or conditions of this Agreement or in the City Approvals, occurring after the time of assignment of any rights and obligations of the Land Owner to the Assignee, shall be solely the responsibility of that Assignee, and shall not be deemed to be a default by either the Land Owner or any other Assignee and shall not affect the rights occurring to any other portion of the Property pursuant to this Agreement or the City Approvals. N 8.3 Release Upon Sale or Completion of Development.At such time as: (a)any single N dwelling unit is sold to an individual homebuyer member of the general public; or (b) within a Q single phase, as described in Section 3.10.2, all on-site and off-site construction is completed in compliance with the City Approvals, and the final inspection or its equivalent is approved by the C4 City for all structures within that phase, then such individual dwelling unit or phase, as applicable, shall be deemed released from all of the restrictions and obligations of this Agreement and shall thereafter be forever conveyed free and clear of the provisions and M obligations contained in this Agreement. The release of any dwelling unit or phase, as applicable, from the restrictions of this Agreement shall not otherwise amend,modify, invalidate,release, or terminate the rights and obligations of the Land Owner or any Assignee under this Agreement as v to the remainder of the Property subject to this Agreement and not deemed released in accordance with the first sentence of this Section 8.3. If reasonably required, the Parties shall = execute such further assurances as may be necessary to confirm the release and termination of °'aL ( the restrictions contained in this Agreement t = �o ARTICLE IX CD CD MORTGAGEE PROTECTION 9.1 Mortgage Protection. This Agreement shall be superior and senior to any lien placed upon the Property or any portion of the Property after the date of recording of this N Agreement, including the lien of any deed of trust or mortgage ("Mortgage"). Notwithstanding o the foregoing, no breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any Mortgage made in good faith and for value, but all of the terms and conditions `: contained in this Agreement(including, but not limited to, City's remedies to terminate the rights E of Land Owner (and its successors and assigns) under this Agreement, to terminate this ca Agreement, and to seek other relief as provided in this Agreement) shall be binding upon and effective against any person or entity, including any deed of trust beneficiary or mortgagee E ("Mortgagee") who acquires title to the Property, or any portion thereof,by foreclosure, trustee's sale,deed in lieu of foreclosure, or otherwise. r Q 9.2 Mortgagee Not Obligated. Notwithstanding the provisions of Section 9.1 above, no Mortgagee shall have any obligation or duty under this Agreement to construct or complete the construction of improvements on the Property, or to guarantee such construction or completion; provided, however, that a Mortgagee shall not be entitled to devote the Property to any uses or to construct any improvements on the Property other than those uses or improvements provided for or authorized by this Agreement, or otherwise under Applicable Law. 0 20 1.373\08\1 1 8309 6.21 2/13/2014 Packet Pg.312 9.3 Notice of Default to Mortgagee. If City receives a written notice from a Mortgagee, Land Owner or any approved assignee requesting a copy of any Notice of Default given Land Owner or any approved or permitted assignee and specifying the address for service, then City shall deliver to the Mortgagee at Mortgagee's cost(or Land Owner's cost), concurrently with service to Land Owner, any notice given to Land Owner with respect to any claim by City the Land Owner is in Default tinder this Agreement, and if City issues a Declaration of Default, City shall,if so requested by the Mortgagee, likewise serve at Mortgagee's cost(or Land Owner's cost) notice on the Mortgagee concurrently with service on Land Owner. Each Mortgagee shall c have the right,but not the obligation, during the same period available to Land Owner to cure or N remedy,or to commence to cure or remedy, the event of Default claimed in the Notice of Default a or Declaration of Default, and City will accept such cure or remedy as though performed by Land Owner. N 00 co 9.4 No Supersedure. Nothing in this Article IX shall be deemed to supersede or release a Mortgagee or modify a Mortgagee's obligations under any subdivision improvement iz agreement or other obligation incurred with respect to the Property outside this Agreement, nor T- shall any provision of this Article IX constitute an obligation of City to the Mortgagee, except as r o. to the notice requirements of Section 9.3 above. D U 9.5 Mortgagee Protection. The Parties hereto agree that this Agreement shall not prevent or limit the Land Owner, in any manner, at Land Owner's sole discretion, from encumbering the Property or any portion thereof or any improvements thereon by any mortgage, deed of trust or other security device. The City acknowledges that the lender(s) providing such financing may require certain interpretations and modifications to this Agreement and agrees, upon request, from time to time, to meet with the Land Owner and representatives of such iv lender(s) to negotiate in good faith any such request for interpretation or modification. The City will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement. Any mortgagee of a mortgage or a beneficiary of a deed of trust or any successor or N assign thereof,including,without limitation the purchaser at a judicial or non-judicial foreclosure e sale or a person or entity who obtains title by deed-in-lieu of foreclosure (also deemed a N Mortgagee) on the Property shall be entitled to the following rights and privileges. L fC ARTICLE X c NOTICES 10.1 Notices. Notices, demands, correspondence and communications between City w and Land Owner shall be sufficiently given if: (a) personally delivered; (b) dispatched by next Q day delivery by a reputable carrier such as Federal Express or DHL to the offices of City and Land Owner indicated below, provided that a receipt for delivery is provided; or (c) sent by registered or certified mail, or express mail, return receipt requested,with postage prepaid. City: City Manager City of San Bernardino 0 300 North "D"Street, 6'h Floor San Bernardino,California 92418 21 1373\0811 183096.21 2/1312014 Packet Pg. 313 With copy to: City Attorney City of San Bernardino 300 North "D" Street,6"'Floor Sal;Bernardino,California 92418 Land Owner: N Executive Director N Housing Authority of the County of San Bernardino a 715 East Brier Drive 0 San Bernardino, California 92408 co co With Copy to: Goldfarb& Lipman LLP F 1300 Clay Street,Eleventh Floor Oakland,CA 94612 Attn: Barbara Kautz U Any Party may change its mailing address at any time by giving written notice of such change to = the other Party in the manner provided herein at least ten (10) days prior to the date such change a is effective. All notices under this Agreement shall be deemed given and received on the earlier of the date personal delivery is made or on the delivery date or attempted delivery date shown on the return receipt or air bill. Counsel for a Party may provide notice for each Party with the same force and effect as if notice were given by the Party. ARTICLE XI c MISCELLANEOUS "' a� N 11.1 Third-Party Legal Challenge. N 111.1 Actions of the Parties. In the event of any Iegal action, claim, or proceeding instituted by a third party challenging the validity of any provision of this R Agreement, the City Approvals, or the Subsequent Approvals("Third Party Challenge"), the City shall actively defend against any such action or proceeding, including taking all reasonable measures to protect the enforceability of the Agreement. The Land Owner shall pay all actual, .� reasonable legal expenses associated with such defense. The Parties shall cooperate in defending r against any such challenge. The City shall consult regularly with the Land Owner regarding such a defense and shall notify the Land Owner of any significant developments relating to the action or proceeding. During the entire course of any such challenge, including any review up to a court of final jurisdiction, this Agreement shall remain in full force and effect. Under no circumstances shall Land Owner be required to pay or perform any settlement arising out of a Third Party Challenge unless the settlement is expressly approved by Land Owner. 11.1.2 Invalidity. If any part of this Agreement is held by a court of competent jurisdiction to be invalid or unlawful as the result of a Third Party Challenge, the Parties shall use their best efforts to cure any inadequacies or deficiencies identified by the court 22 137310811 193096.21 2/13/2014 Packet Pg.,314 E in a manner consistent with the express and implied intent of this Agreement, and then to adopt or re-enact such part of this Agreement as necessary or desirable to permit implementation of this Agreement. 11.2 Bankruptcy. The obligations of this Agreement shall not be dischargeable in bankruptcy. 11.3 Applicable Law/Venue/Attorneys' Pees and Costs. This Agreement shall be c:1 construed and enforced in accordance with the laws of the State of California. Any legal actions N under this Agreement shall be brought only in the Superior Court of the County of San Q Bernardino, State of California. Should any legal action or arbitration be brought by either Party because of breach of this Agreement or to enforce any provision of this Agreement, the N 00 prevailing Party shall be entitled to reasonable attorneys' fees and such other costs as may be co found by the court, including without limitation costs and fees that may be incurred on appeal. The costs, salary, and expenses of the City Attorney and members of his office in connection M with that action shall be considered as "attorneys'fees" for the purpose of this Agreement. 11.4 Further Assurances. Each Party covenants, on behalf of itself and its successors, D heirs, and assigns, to take all actions and do all things, and to execute, with acknowledgment or v affidavit if required, any and all documents and writings that may be necessary or proper to c achieve the purposes and objectives of this Agreement. L 11.5 Severability. Except as otherwise provided herein, if any provision of this = Agreement, or the application of this Agreement to any person or entity, be held invalid or unenforceable, the remainder of this Agreement, or its application to persons or entities, shall not L be affected except as necessarily required by the determination of invalidity, and each term of this Agreement shall be valid and enforced to the fullest extent permitted by law unless amended or modified by mutual consent of the Parties, except if the effect of such a determination of invalidity is to deprive a Party of an essential benefit of its bargain under this Agreement, then N the Party so deprived shall have the option to terminate this entire Agreement based on such c determination. rn N 11.6 Nondiscrimination. Land Owner covenants by and for itself and any successors in E interest that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, ancestry, or national origin in the development of the Property in furtherance of this Agreement. The foregoing covenant E shall run with the land. 11.7 Land Owner Right to Rebuild. City agrees that Land Owner may renovate or a rebuild a development located on the Property within the Term of this Agreement should it become necessary due to natural disaster. Any such renovation or rebuilding shall comply with the Applicable Law and this Agreement. 11.8 Headings. Section headings in this Agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants, or conditions of this Agreement. 23 1373108\1 183096.21 2113/2014 Packet Pg.315 11.9 Agreement is Entire Understanding, This Agreement is executed in one original, which constitutes the entire understanding and agreement of the Parties with respect to the subject matter hereof. Except as otherwise specified in this Agreement, any prior correspondence, memoranda, agreements, warranties, or representations are superseded in total by this Agreement. 11.10 Interpretation. Each Party to this Agreement has had an opportunity to review the Agreement, confer with legal counsel regarding the meaning of the Agreement, and negotiate i revisions to the Agreement. Accordingly, neither Party shall rely upon Civil Code Section 1654 ° N in order to interpret any uncertainty in the meaning of the Agreement. a 0 11.11 Recordation of Termination. Upon termination of this Agreement, a written 04 statement acknowledging such termination shall be executed by Land Owner and City and shall CD be recorded by City in the Official Records of San Bernardino County,California. 1-- 11.12 Sianature Pales; Execution in Counterparts. For convenience, the signatures of the Parties to this Agreement may be executed and acknowledged on separate pages in counterparts which, when attached to this Agreement, shall constitute this as one complete °- Agreement. c� w [Signatures on the Following Page] d L ,(4 V E L Y O M O N O M O N E L Y E V it i/ Q 24 1373\08\1183096.21 2113n014 A Packet Pg 316; 4 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. CITY OF SAN BERNARDINO, HOUSING AUTHORITY OF THE COUNTY a n—juricipal corporation and charter city OF SAN BERNARDINO, a public body, corporate and politic N O N By: By: Q Alan J.Parker, City Manager Daniel J.Nackerman,President/CEO N 00 Dated: Dated: 00 M ATTEST: a 1 By: _ Georgeann Hanna,City Clerk L Dated: �a E L .,d APPROVED AS TO FORM: Cl) Gary D. Saenz, City Attorney N O M By: r==te L tm co Date E U R w Q 25 1 373108\1 183095.21 2/132014 Packet Pg. 317 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) On before me, , Notary Public, personally appeared , who proved c to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to N the within instrument and acknowledged to me that he/she/they executed the same in Q hislher/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),or the entity upon behalf of which the person(s) acted,executed the instrument. N 00 I certify UNDER PENALTY OF PERJURY under the laws of the State of 2 California that the foregoing paragraph is true and correct. M WITNESS my hand and official seal. a U N C d Notary Public STATE OF CALIFORNIA ) E L ) COUNTY OF SAN BERNARDINO ) 0 M On before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)is/are subscribed to N the within instrument and acknowledged to me that he/she/they executed the same in r- his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the ca person(s), or the entity upon behalf of which the person(s) acted,executed the instrument. c a� I certify UNDER PENALTY OF PERJURY under the laws of the State of E California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Q Notary Public 26 1373108\1 183096.21 2/13nol4 Packet Pg:,318: 6.B.b EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY All that property in the City of San Bernardino, County of San Bernardino, further described as: 0 0 a Real property in the San BernardinoCounty of San Bernardino, State of California, described as ai follows: 04 w PARCEL A: (APN: 0147-211-01-0-000 THROUGH 0147-211-04-0-000) 00 LOTS 11, 12, 13 AND 14,IN BLOCK 42, RANCHO SAN BERNARDINO,IN THE COUNTY OF SAN t~- BERNARDINO,STATE OF CALIFORNIA,AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 2 M RECORDS OF SAID COUNTY. .: r ri EXCEPTING THEREFROM A PARCEL 150 FEET BY 150 FEET IN THE NORTHWEST CORNER OF LOT 11; D AND THE EAST 300 FEET OF LOT 14. U rn c PARCEL B: (APN: 0147-181-33-0-000) (D L THE WEST 40 FEET OF PARCEL 1 OF PARCEL MAP NO. 14951,IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS SHOWN ON MAP ON FILE IN BOOK 185, PAGES 85 AND 86 OF PARCEL MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, E PARCEL B: (APN: 0147-181-35-0-000) THE WEST 40 FEET OF PARCEL 2 OF PARCEL MAP NO. 14951,IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS SHOWN ON MAP ON FILE IN BOOK 185, N PAGES 85 AND 86 OF PARCEL MAPS,IN THE OFFICE OF THE COUNTY � RECORDER OF SAID COUNTY c°n a� N E i Q1 Rf d E .c v crs Y a A-1 1373\08\1183096.21 2!13!].014 Packet Pg.319 EXHIBIT B CONCESSIONS PURSUANT TO DENSITY BONUS LAW 1. A twenty-five percent (25%) maximum density bonus is granted to increase the maximum density of the mixed-income non-senior units from twelve (12) to fifteen (l5) units per acre, and a fifty percent (50%) maximum density increase is granted to increase the maximum c density of the senior units from twelve (12) to eighteen (18)units per acre, for a maximum of r four hundred eleven (411) dwelling units in the Project. Density shall be calculated for the a 0 overall Project rather than for each separate phase of development. N 00 2. Three concessions are hereby granted, as described below: t- a. Private Open Space. Dwelling units with private patios that are smaller in area than those M required by the City's zoning ordinance as shown in the table below. a Concession#1: Private Open Space requirements. c Unit Unit Unit Description Unit Size Required: Provided: Private Type Private Open Open Space(sq Space (sq ft) ft) _ I BR Al I BR-seniors 576 s ft n/a* 102 E L A2 1 BR flat-singles/couples 618 sqft 155 1.04 °T 131 2 BR flat(accessible) 813 sqft 203 105 132.1 2 BR.townhouse(2 story) 998 sqft 250 269 C; 2 BR 132.2 2 BR townhouse(2 story) 997 sqft 249 282 N 133 2 BR flat(senior building 1,088 sqft n/a* 154 manager unit) Cl. 3 BR townhouse(2 story) 1,241 sqft 300 267 N C2 3 BR townhouse(2 story 1,234 sqft 300 294 E 313R accessible) C3.1 3 BR townhouse(3 story 1,458 sqft 300 308 20'wide) E C3.2 3 BR townhouse(3 story 1,455 sqft 300 308 -� 20'wide) r C4 3 BR shop house(3 story 1,614 sqft 300 200 Q 25'wide) 4 BR D 1.1 4 BR townhouse 1,478 sqft 300 289 D1.2 4 BR townhouse(accessible) 1,478 sqft 300 289 yPart of Senior Building-Private Open Space requirements do not apply, � B-T 1373\08%1193096.21 2/13/2014 Packet Pg.320' b. Parking Requirements.Parking for the Project as shown in the table below. Concession#2: Parking: RPsiden ial Parking Proposed o -street —767T—on- Unit Type #of units off-street uncovered Total off street Total Residential covered pkg pkg per street parking Parking Parking o per unit unit P arkin g (Private proposed Ratio N r proposed proposed proposed streets) (spacestunit) Q Senior 73 0.0 1.01 73.0 3 76 I Bedroom 57 0.0 1.0 57.0 571 004 0 2 Bedroom 137 2.0 0.0 274.0 274 3 Bedroom 133 2.0 0.0 266.0 266 4 Bedroom 11 2.0 0.5 27.5 28 M unassigned spaces 28.0 190 218 r Total 411 193 919 2.23 a M U Non-Residential Parking = Area(sgft) Parking Parking Parking required Required Spaces M peruse Proposed ca Recreation and E Community Centers 93,350s ft TBD^ 129 ar 1 space/ M Administration Building 7,387 sqft 250sgft 1 30 7 Existing Central Shop, M 18,394 sgft I space/ 18.4 32 a� Maintenance Bldg, 1,000 syft Community Garden c Bid aMi Total 168 E a� *The unique program of the existing community center does not fail t° under any existing parking requirement category for the City of San Bernardino. Further discussions with the city are needed to E determine the required parking standards for this program. R Q i i B-2 13731080183096.21 1 2/13/2014 s f Packet Pg:321 c. Setbacks.Reduced setbacks shown in the table below. Concession#3: Setbacks. RM (Residential Medium) Required Provided Zone N Front Yard 20"-0" min. (25' avg) 16'-9"min. �CD,', Side Yard: 2 story 10"-0" min (+l'per 15'wall length) 6'-3"min. a Rear Yard 10"-0" 10'-0" min. Distance between Buildings 20"-0" 6'-10" min. 00 w 1 M e-' a. D U 4 L V E L 2� 7 O N O M a) N C L E 0 V Q B-3 1373108\1 183096.21 2/13/2014 Packet Pg.322 EXHIBIT C CURRENT PROCESSING FEE SCHEDULE .. Bllildling 6�:•Safet t D'ivisi+oii:; B �o>r�ln�u>p:>I�•l�s>u�x�pm+�u#De�'az:,��i�tat::: o� ,�q'{]jj �j i�]� �l'-,,(�,•'. Pki:_'(�'09j;3&.A-5673? 1?n�''s(�i,f'l�j3S:';:....:.�:: 04 30mNo A924:8; 41,1- . 00 ,1JLLI1..�.U��it'4?�:��'��}!; �c6sitr; YrWVislicitJi,i3tg _ T�. tart`Re'ui' i '�nc1•. iiil"ciinb;Px"nxits i�'e M The.' t�;:ravie'vw,ariiib�ii"iii �kEae3 a: lical;l:c t��:Eiur1' t`n �o•Attu'.ti:ori.'>ro''ee th;thi;,G"i. of�5ari Eer�fitat�ttb a�,pravrdbd.•tnl h�'fofliityrngta67:bs:.�,'}iest'>�c3;are:re}�ccttdt�4'C;Q��:tlsii�o'slts`a�'fN'4'$�!'a(iterd ,� and.bviT�liilg;itrsgectian.services;pzavi�8e3:as:ParEo�1'heliu�ililtng;p�ermif'�races•sr.. � U rtotirieludebevetopnrittTriipflFt saes;ScJoq) 'se: J?rigA}ttjiii��7lyisipriees;,P£aii'nifig :I)itiilion: ees; gerT5.epafim�e4t.Fee s:;Eie9'&D oiotherpurpasesi = ;uctfessn;atearotlt:eritiief< N t�,:I?e..t���rn.�r><�g��'ax��.Re~cx%et�•.�`�es; . . c� '.In:oT�der.$o=determSzisttrs.�3ari.}� e±vJ�`eiaE'Qr•a top trio- trllas ° resCer2jirC.s�iou�' 1a'.fdl�fa ed: 1: BL'aa;l2eviezv75eP4C(all:tXcep.,l°a?isj2aia1lYt�vrtlliss; E )' rlenaf the'. onstnf@ tibn: ustaetor;itfzbls•:2.laasad'bn the.bui]diis 's.accugattcy goup, e; (uej;dad.bygk:.tsf`editsYr+idtfon,_tlseii:iisufti'plq;tl iii£aptor.;:By,th'' cjl4Afe:fabtiagt;gf.tH'a:iile The R 'result,r4:ttia`Vahi`.atton o£eliB epnstruction T�,th`i;buslcling cri`rttrii•risaarxed.tis�s,coit5pute;i�.c; valuation o£•:eaclt�distinct`usa anal,adzl;thc:vatis�tTOns?ogethei'to;get ilie'to�aT>valuaiiozi o�.4hn °° Fi;}':Find Iliaappropri�fa;vittttafiion:raiige iri;tfitlef=lurid` al utYfti;±fTalile:3'ihaf.c'e`rseSai4ds,t9 '.the:total:vela a£ian•.:"Seleebtl%e.:appropii eta c oliunti:.°(�eslzldnflal:.or oorrirn•erc?.a�fa.i3et'eamrna i&t: Yam t cvi:eiv• ioat feE. CD 2 ,�ottit.�'la»':l2iiview`Itees: c�•1 The.']otaS. I-ik'Relti ' ec s the surd the t`blt'oozing,fFe ompomrtta;.wlrefi:.appliCflf I t L •T'bfal=Ptan.11:eviewbtposit +ExptdiG'bus•P1cuRiview.-►•F/1?INf'Plan.ltevieva=hEnnroyi � Plan.Review+Pire PfanReview,'�:4cGessibiliiy,Plan-Reuiew k 7unfng kt8vie.,w' 3: Hourly Plah-ReviwY.Rafe � Tlie•hourly-rate&r-iii-house plan review is$94.f5: Vhen•expedifiods.,rdview:is recluested:by the applicant-and,performed by an outside vendor,any plan review billed'hourly,,shallbe at the U v.tndor's,pserailing hourly,rate,.which is-typicallyhigher•than the City.rate. cc Q 4. 'One&X%vaFwnilyResidentialCanstrucfion.—Plan.R.eview- Plamrevicws of new-siirgle-farnilyand dupleicresid'ential consfa•rieti'on,.additions or alteration thereto,wiill.be performed at the hourly rate.. Repetitive tracthousingunits.will be Billed at one hour. The plan review deposit for new l&2 family dwell.u)gs is equal to 5 hours, The deposit for additions isequal to 3 hour. C-1 t373%08\1 183D96.20 12/912013 Packet Pg.323 • I I f I f .f III j 1 i i B. Detennining_Building Permit Fees: 3 1. Single-fttmily Resistentint Construction A. Additions Additions withotit a batit'Ur kitchen: $1,39 per sq;ft. - Additions witlt a;batli or kitchon: - $1,Sa.per sq.f Minimum feefbr addifos� $300: 0 lulaN inuim fee for fid-4 is up.to 3200 sq.tl- $1166 N The fee for-additions'cver 1200 sq..lt,is,as urdicated in Table 1'.B Q D it B. New.�ingle-tanxily`�rittt gd.111eS(constintcted bz, tenses of five or ntore homes): N -Referto•Table 1A. 0 0 C.XOWSitiglu-fiiW!y Iiifill or Ctiskoin Ho.mos 1— Refer to.-T'abIr.T. . E- M 2, �mmerclat,.Im�lustriAl,lncllVlultil:tmify. iiasic'13ytf1<1,itig 1'e1ittlf Pce;' The base but.09 penitii fee is 13stec i}t:tl Z"t coliunti of l x61c 3; V rn 1'otti1 ul"Acliiig ReTAlt I ee C The.�otiii$pilO61S pomi't xee:istht buM ofifie•,oni3wing fee coingoifeitts,vlxea aipglicnbfe,: a R 'l-941 F11e %PluglvlechPeimitSets+ :Cerifficate of'r7ccupancy-Fee:+Sii417 Feel'*C-alft iral Development Tinpact Fbe Archive Fee.+Teclinolby Fee t�shslP:4'SUO�Moiwnu sin giau,tiortProgcan Fecs� E a) Y 2� 0 Cl) BUILDING.VALUATWN YATA N `t'lteCo nunurity'Ju vclbptiie}ri`Ileptittdielit1i5C53hafd1lgx t'itgoosrtielots dokl rsp�rsqurre_fcof fo 0 ileteinut,e projectva1uat%g33j)v'gr,'-gQiintt j0'41 ofthlq trilifgtv Aft.iiiistrative-Code,a4 adop(ed by'the City of'San Bernirdino..Y.tan<chcck.and,builAfg.-permitfexs forocatipancies otlierthau single..fantilyresidb ices are based ommiltie ofthe project per Seetibir.'304.Valuation Of'aproject is deteitiiined by the Buildutg 011ic1ul.Tbci ..cost factors:coiit'ainedlin`I'abie 2.amuse.d to calculato tiii ldige..'Valuation,.Av iich+ij,turn Is'tised iT to deCeia)rine ner)nit uud.piaii,ciieelc:iues in;'lable'3. Valu'aiiairiliay of rnayiiQt have rese.0 Ance to actttia c, square.foot.cost of aprc ject. Tpi mos€cases tlic•costs indicated ve below inaiAei rates compared fo a bid, oontitict price,assessed value or sales price•. T'lie use of tlieso cost factors by the City supply assures C d coltsistcney and itnifoiinity in the amount offees collected For projects ofsit)tiinr size,crnistnicGon,aiid E occupancy. U tC Y Y a ,�:/f�ss7chchde iiC$es (revised-Sept.3,2008) Page 2 C-2 1373108\1 183096.20 12/9/2013 Packet Pg. 324 it i B. Dt:ts'i•mrrillg B>;:e2di:lb Pel•lnit fees' 1. Single-family Residential Cobs truction A. Additions Additions witlioiit a batli or kitchen: $1.39 pot.sq.fL - Additions witli,rt bafh orkitcheti,, $1.54 per.Sit i3. - Minimttxn fee for addift..onq% $:100. N 0 - Mx4nUm fee for additions. up to 1200 sq,Pi'.; $f166: h - The fee for additiomover il•200 sq.ft.is ns lndicnted in Tible'1`B Q O 73, New.Singl'e-fdutiCy.Tl stet o.Snes"..ponstruefed in-An of five or more homes): N -Rei'er Eo:Table'1<1 qg C9 C.NeIv Single.-famity'11i'ftll br•Ctfstom ftom.es � -Refer to.•rable;.IRI M 2. :Commorciats Industrial,and Multifami'I,y' a l AAA B.riildfugPernt'it]''ee D Tlie basic building permit fee iq listed'igg then" --vofunin of 1'able 3. U to Total 940JItfag Porwit;'Feet: � -Ma.Total-Buil$iilg Petltiit Fee s'AIi sutli of_tixa.folTovkiiiigfee i otYr iolaeTitsd ivlietraplrlicuble: to Tot it 13asic'$'uiidirtg Isgrmjt' eg Issuunca Fees f1[eglI?ll�g/�vlet h Peiznit Fels +r ettifieateoF'<?ccupancy:l?ee•+•SMIF)ee +Curtru'al Developmenfilrnpact Fee+.Archixe. 13ee+Tochridl-o Fee �dh lw"StrongkfoiioeInsWmtelntiouPrognunfees). E L r' Y tat 0 BUILDING VALUATION DATA Tlta Communiiy 1)6'yelbpnient:Deplrtinent um s the fo11owiog cps t:,fticfort(d01hus prg squiwe.foot)to 0 dgtatxrune projecf valufstiou,nuder Sect on;3t714 poi titeUitiiot►ti Aditti:iistratixeGode as igdopted fiytlie Ciiy M of•San.Bernatdino,Plan check and:building--permit fees for occupancies 6flier than single-family resid'erices• N are owed on value,ofihe pmjeot per Scaioli.304.Vulbadon df'a project:i's deterivined by the Wilding Official.'Ibe.cost factors contained in Table 2 are used.to calculate building'.vahtation,which iu.tiini is used to•determino permit and plan cheekfees in.Tab]o 3.Valtin ion may of maynot have:t resernblance io actu it squara foot cost of a project, hvmofst eases tho.costs indicated are.below market rates compared tort bit], contract price,assessed•value.or sales price. The use of these cost factors by the City simply assures m consistency and uniformity in the arnount of fees collected for projects of similar size,construction,and E occupancy. v Y Y Q nTecs1w1w1v1—f&c; trevind Sgrt.3,2045) Page 2 C-3 1373\08\1183096.20 1219!2013 Packet Pg.325 I - w I _ ".'t<'stiile;�'ea,iiiuucitj?> ', OCt�ci'Costsf;: :::;:,' rurrict;iit�sriiir(xciialvaosac R R i BL061;L:'�:LLS: -4'hibh• $3U.t10ltn.fE; S'high $37.00lK it. 0'high $44.0011n.1t- athcr $735Csct ft. 3 0 DEMOLITIOlfi vafiaGonycon et,riGe jvch�titur=cgn'tfaFt ice r DRYWALL $18,0(7:{.sflect Q F112F.PT.ACF Y3000.OU.en: a) RNI'IOSI'PORCf FS v 319 45'Lsc:lt. N 0 'fti'11C7 SLAII Y'1YI I F1 FO.iOTEC, PATTO•C—,- ZICY REROOFjNq,.(I squara=IOasq.ft:} BuIl6 up• S2IIl.SIO/9cgtiare en Compmifion.Sh'ingies• 116500&quare, Shake or rile- $320.p0%square � 'Resheathin .96.0015 uare. r it BI;T i $ valuation U S'IF:It rmrRlgx. 101'P ..& • S7`UCC(0^ 5.4.;°14.ds_:(1.. . to C -SW]4\"N(•3-.MQLS AtDIWAS.—GLiNITF aivafion=.contract rice.: N1ANUFAi;:IURED AB'OVE.G120F1MT(DOUSPA I?SI$7� fl'NAI1T' .IPIiUVGhRCSNF (lkL3d3fr'nfcokf a's nacifo'dt. 3M. to -- 'W11110OW CFIt NGR OTRI 'per wimlorv: $370:0(kca. E L °•Dcdu&v2O%for-shell s nly.Imiidiags..- "LI Se.30%for t'enant1hrivroaenrents. CO O M L*> N O M O N C L L E .r W� Y Q s:fcns!schedulc of fens (rcvisd Sept.B•?003) Pn3e f, C-4 1373\08\1183096.20 12/9/2013 Packet Pg. 326 , ICI Q P'. it i >�ttln lla ercl:ll•;:�ncl.tlstl'Enl`s►na°> +ulfi fiiri it :�esiclextt�tl`.:�5� ri`` itt�iws':��--:':fi` ;TVgtt'�7'ne!i'u71o�t%in rAlild'iovT�It^�t7aec'eriiiifnii.siltitErcvi�iv`feeafp:;eif:isn:t�atuiifio h:Cl+r•:ctlfiitilB�inl'=into"ial•'urid.;�`.'�:i=�; :mulffaiiiiprzstdtntiaf:oseuPimciarASidilihil�l';fees?tors` `niit�i�siinfiCiitciccfi�i�1�:Nfiunl+i :iiiiiciialiiceli;i'�titiEltf' 'et11'z>�-''"«. iilri bit.st atJr-E� -eil',`.schci6f�EtL•Cnn v 1 ,� ,� � .� 't: ' � ..:,>. :�• ':fll$ ::.at. .'ftl-`S; ',," :.1.,.r.. *`?" 1• i..ii"ri.` '�:�': -:�•a;:'r:. t]'er�iit; 190 500' 60:00 .1425 74:25 __ " ii'o c.%"_+° .k SDi 00;, 610:00 1' :15 7:15 azra •:e..:•.y;; 6Q1. 7.00 60:00 1 13.05 7805 :w ��x'tKS�>:'`r^;t�°.,i: .;>�:z7� :.!',.:r•>;t� ti� *-_`�;`-' a 701 800• 60:00 1995 79:95 �,8':a'�^'���;a."�`"`TE°ra`;kX *':has 7s's lulu .`°?,.. :80I 900' 6000 21.85 51.83 : ' &0V 0' 2 " «.•:kaVin• � 00 37:9.01. 1 000 6100 '2375; :F O� ::s a. ..;.x .�. %:,.4r,. ;iti ...J. s''s •ate �'.J,..+`af n F r - }:11.�mr"".'F,r"7::rC"'�7.� .:Z' � 1.901 - 1;104. 60;00 r- .25 65 1565 •30;00I-31 000- 2 1.00 276:45.• 56745° 1',1:01 - 1?.U4 60;00 7755 8155 31,,001-3 •000. 297.•50 2R2;$3 58013 1,201 1,300 fi0;QO :251:45 89:45 32 ODT u 33;Qr10 3040 .288:80 592°$0 :1301- 1,4W. .S2OO 3'•1':35 91:35: 33'0101-34,000.' 310.50' 294198 605;A8 M 1'.461= I,SOD 60:00 '9125 90:25 34;001-35;000; 3'17:00 3Q1,1'S 618.15 r 11501- 1 600 10.00 33::15 95x5 35;001-36' 0 'M.50, 3'07:33 1601 - 1700 60.00 •37.'.5 97x05 36001-37,0S.Q 33 i00: 37.3 0 64350 p- 1,701 = 1.890: 60:00 38.95 9R>95 37 001-38;000 336:50' 3.191RS8 656?1,8 D .1'801 UP f10;OQ 40;& YOU51 3$iUO.I-39'000, '34 'DO' 32$;.8$ 668.:8:5 C5 1901• 2,00Q 60,0.0. 42,75: 102,15• 39;001-40;0010 349.50 332;50 6.&2"00 -�i::,:.:me` ,:i.5;;^ �'�?` .0"^ •.;�i 2•,e:i�. �e:4', ;t• �:2•. +.:r,:, -ys•4.+:..:. N iir.,a. „5,'.o-. ":,".' ;;1'i!'; �;,,C3_n`�,,d •�w�'�1a,1,, 1...��' li,.-- { "�' ei$'.0�:'+" :1+::�y:`•�:=;'1'=3ri•£t�5,;1;:5A1'X Oiw�.'i;�r?� :r'r�>.'b;y+r.Ki :40,001..A.1 000: .35600' '38.20 69?1r20 d tt 1"^t'.......4 xY h�f: a:t<,%': 'f:'r'i1"I•t a y`als.$4'd;x 4.1.001.-42.00(1' 362;50_ 341' y L p "a 33 QV.RU .. L 2,001'-'3AD. 60017 T'30 111.30 :42;0()1 43:060 36900' 9.50'5$ ?19;55' 3001 4 UOp 63 00 4,85• 122.85,"i 43001-44.0012 37,50' 336;73 132.23' 4,001 5 QOQ• 7,2 OQ :68,40P J-110.0 '4001 L 45'401? 31x,00 362;910 74490 = 5,4Q2 :6000. 81..00 .7.095 15725: 45,001-46;1000' 358,50 369.:108 75758 to 'G,001-1000. 90:00 85.5D 7.75.50• . :46001-q7 j408,50,5,00+ 375?z5 774:25 E 2,001:- R,OOP 99:00 �' 05' 193:05 42.001-48.600. 38i 4;i x82:9$;15;00- 10810 102,{0 230:64 48'001494100 387:6(1 796110 N -9,001-1.0 000 .1.9744 111;15 223.15 '49 001-50` 0 .414.60 3393:78 808:23 '. ne•S s ekF` ?a!'n``':-F' k's �� As:wE, a 1 i^,tc"r :e°. i'.t.ns. r av!P.`•i t+...4:Ss :F, AKS .. 110.001-14000 .T.. 126.00 11270 245.70 50,001-SIND, -41.9.50 398:05 8x7;95 p 11'$01 '1:2 00b 135x00. :123 23 263.25' 51 001-52 000• .423:00: :40283 825.35 2 901:-13.900 1:114:00 :136:30, 28:l'0 52 001-53 000. . 428.00: 406;60 SAW J3 DD1"-14900 153;011 i 14535 298:35' -51,001•-54000 .432.50 4]0 88 843:38 p 14401«'1:5'000 16100 153.9Q 3L3 J0: :54001 d 55000: 43.7:: , 41515 8521 5' M :15001•=16;OOQ 1:71.00 1;62.46' 33'3.45. 55;001-56;000' .. 441;50' 411'9.43 86:033 N 16001'.17 006 .130:00 17140 951.00: 56 001-57'00 '446:00 423:70 869;70 37°0011-1 3 000 ]89.00 34955: 36$:55• ,57001--58'000 430,5'0 422E)8 896.48 L 18,03-19,000 198.0.0 188:11 .386.10 ..58 001-59000- 455:00. 432.25 887:25 L •19:001-2000Q 20100 • 196.65 403:65 459,50 _ + 653 v S 6'03 2000E---.2.1•;000 2.1600 '.205.20 421.20 60001-`61,000. 464,010 440,50 904:80 21:001:-22,000 22100 .213.75 438.75 61061-6200 468,50 4-5:08 91'158 N 22;001-23,000 234.90 222,30 456.30 .62401-61,000 473:00 449.35 922.3.5. E 23 001•-24,000 29100 230.55 47185 63,001-6000 477.50' 45343 931:_13 v 7,4 001.-25,00C) 252.00 .239.45 491.45 64'001-65;001) 452;00 45790 939:'90 w .25;003=26;000 258.00 245.10 503.11]: 6.5,001-66;000 486.50' 162,18 948.68 Q 26 001-27,000 265:00 i 251.75 1 51'6.75' 66,001•-67'000 991.00 466.AS 957.45 27 001-28'900 271.00 257.45 528.45 Ci7'UU1-C3 000 493.50 474.73 966.23 2'9 000 275.00 264.10 542.10 68,001-69,000 500.00 475:00 975.00 .a9,1001-30;01)0 1284,00 1269,80: 553.80 69,003-70 000 504.50 -11.2.28 98338 59focslsTilodnic of fccs Qnviscd 3gri.8,20M -pope 7 C-5 137310811183096.20 12MI2013 Packet Pg. 327 fAT:11xw ' < �31i1g::,,;; ,Yt�n.r; Self Of>U.a 131dg., :' 1'111:'.:'-.::.;;,.':Svli':.,. ::�'FS:X,UA1 1(YN(�j`•:;�':Y'erniit'�-�•ltcviisif•°.: '1'ol:t1 };AL,•i.1ATTOIV.{Sy 3'e�lilii'.> '.LYovi�N;T'ce+`:1o1a1 70'OOT-7S 000 509.00 481.55 992,53 120,001-121,000 713.00 67735 1390,35'' .71,001-7ZOM $1:#.50 .487.31. IWI,33 i24 Wl-III 000 71650 ,iq 8 139.7;1.8 72.OD1--73 000 5.68.0(Y 492.10 1010.10 .122,001-123,000 720.00 '684:00 I404:•00' ?3,Q01,--7.4.000 .52.2;A0 496,38' 1018,78 123,00t-12.1 000 723.50 687:33 141.83` 74'001-7SfX)O 537.00: 500,65 1027:65 124,091-123 000 727.00 690:65 1417:1x5 75001-W 000 33L5D 504.9:1 1036..43 '-125 W1-1;26;000 '730.50 623.98 1424,48 p 76 1'-'Z7 000 13'600' 509:211 1045.20 1-26,061,-$27;000 734.00' ci97 30 143-1-30 7001:-,78;OM -540:40 512.35 105.1._8 1Z7.Ggi-124 900. 797.50 '7W,63, 1,03843 Q 78`T,-79000 545:00 S17,IS 1062:75 1,28,001-129000 74T.00 7 ;.95 1444,95 0 79.001•-•$0000 549;50 .522.03 1.071,53 129,001-1501.0.00 744,50= 707:23 :1451.78 µ, .y•, '`trtg.$K.` s#d` �:.:. x` �k;o;it.»"1' .i:;e+.yrGYB,r p..,,x' a^ _.: � 80 001. $1,00(1 554M .526 50. 1 0%030' 1.34 001 137,000 74R.W. `710 40 :1458,60 . CNo 8100}'•-••82;0 58;50 530:58• 4089;03 1:31 001-132.1100 751.50' 713193 4465.43 Co 93000 553;x}4 534:85 1097.35 .1%2,001.-133;400 755:04' 7J7s2. 8.31301-.84,000 567`,0 ...539.•13 1.. :6:3 133 001-1'80;040 ?5$.50' 7-20:58 1479,M F- 84;'901 '85;OW 572::00 5:43.40 7 TT5,40 ;13'1001••13.5000 762;00 723:90 148,9.0 85.001:--86;00,0 526,00• 547.68, 1123:68 :136.00-1-13.6,00 765.50' 727:23 5492;7: � 86.00t-87,000 68:},00 551,95 113 v5 136,001-:117 000 762:00 73:55 1'.499;55 r 637;001'-$8'OW 585:60 .556.23 d 141<23 :137,001-133.000 71250 73388 1.508,3$• t !1;1;00,:-:89,Q00 54400 60 50 11$.0 50. 18007 13 716 00: 7 7`.211 1'5;13.20 d 961;0.00 V44Q •:584,78: .1159Z 13901-1 400.00 170.50- '740;53' 1320:A3: � h[',Y� "�..k.},. ;�. Ys+:. ,+,ui,'�':. �fi z.. .t,:. Sd,a:7•?" '�S a s M,3 ,,,. .�h � 5: V .g 901001 ,,91 000 599.00 569.05 7.16803 AAW1 14.1,000 783.00' 743;85 X37:;001,-92 Oi (M.55 .573,33 1J 76;83 ..41.;001-1'42;00.0 786:50 :74,734 1533,6.8 92'001 2%000 608 50 -677.60. 1.186.10' 1421101 143.000 79000: 75650 41540,50 d 9%= 94;00: 61Z 50 5.81;83 11.9,0 3S 143 001'. 144(IOA 9,COl 95;000 :61704. .586,15 !203.15 i�141))l:-145 ODD 72197. 757:1'5 1,04A'5 95 001 9 00(1 621 Ott 390 43 1233:93 45,W.1 146;4.OD 800.50 7601; 14 119% 0 ;95,001 9.7.000 626 iIO. t,594.70 1220.70' 140AN 14.70,00 804:00 763:8(1 1562:$0 � •97 001 98;000 630:50. 5 898' J229.48, :'147,00 148.01X1 807,50: 767,1,3 ;1SY4,'63' 518,06f-99:600 635;00' .:603.25 1238.23 1480.1 ..149,000: 811.00 ?10:4'5 T5%'[.4S E -m out.-7D0;•0(l0 "639:50 .'x,07 53. 1247..03.. 1:49,00'•1 1.;30;000 .814.50' }73:75. 15$ff�& 4; `�+'-'t-�1 r!"zF kyxa`'��11.SrF,�,ut<�w� s�,v".'nv>t.a'+,z,i r 'n"�ti�e x' ;.'y'3•� J'fr':5t �„'k'1.£�ia '�i�'J,:.hYas� �' ..� k y'=$ � 100,1101 101;004. -643 OD :610.85 11153.85 JJO 001 151;000' 111%, 7771:0 .1595.T[7 Y 1.01,1101 •:1'02--0QD` (A6:50 `:614.1:8 1.26018 :153 00`1-'52,000 $21.54 13043 W.1.93 102;001-:'L04006 1430:00 61730 1267,54 1:52001-153;000 825:* '08311-5 -160875' p *1:03'Oat--:10q 000 653:50 620:5, 1274.33 1:53.001-154'000 .=.828.SiX 787;08 1:61.5:58 a) I.b4.O(il--IUS )Q .65 ,00- :624,1 1'2B.t,iS :1.154 0U]-155,000. 83240. .... -.9640 .162244 _ cV 10'S.O,^9. 65:1:50 :62743. !287.93 13500't-1.5601' M5:50 793:73 1629:27; p 106 001.-1(1Z 040 6 100 30.80 1294,80 1'56 001=15.7;'000 5�9OOt 797:05 1 .6415 Co 70TO01�-145;'00(1 667: 0 ,634.11 :1301.61 157,001-1~58000 $42.50 80038 1-642.88 N 1,0$00!, .109'000; '671.00 .63'1.45 .1.308 45 1:58,00.1-159;00(1 846:00 803:.70 :I6'49:76 1.09;001-'L"1'0.000: 674:50 640..78 1318:28 15$OOt-1-60;000 843:S11: 802103 -1656.53 L ;:r;+"s%�9't i7; .".ihse'i i;:= a;i:�4.t v" f�'<&:'SU:M:r•`�';;a:,,�v "�3;" CS`:?s;eD�u,zd'� '`�""^ L 110007 11.1 tOpD 678:00^~ 544.10 1322.10- 1.60,OD1-161000 853.00 .8.1.0. 5 L662.35.t Cu Ill.,001- 11'2;000 681.50 647,43 1328.93 1:61,001-162,000 8500 813;63 1-670:18 TI2•W1-.kl•3'OW :'685:.00 050.751 .:1335.7.5 1.62,001•-163000 860.00 817,00 1'677:00 C 1.13'001-'114 000: 688:50 -654.08 1342.58 163 001-164;0110 .'363.50 820.33 1683.83 114;001. 1'15000 692.00 657.46E 1349.40 IM:L -165;000 867:00 .823.65 1690.65 E 1.1 S 001-•1:1(.,000 .695.50 660.73 1356.23 165:001-166000 570.50 826.98 1-697:48 V 1:1.6,001-1 T? 0 699.00 :664.05 1363,05 166,001-167,000 874,10 830.30 1704.30 117,UUi-114;000;. 702.50 667.33 1369.88 167,001-•1453,000 879.50 83163 1.711,1`3 Q .118;00.1-1.19,000. '706:00 670.70 1316,70 16.3,1111 169,004 881.00 836,95 1717.95 11.9 001-120 004 709,50 174.03 1383..53 162 W[-I70,Or)0 884.50 840.28 17.7.4.78 For hi j!w valuntiats use the fornwLu below, s•1Pus/sNier40e of Cees. lreyiacd Scpt.3,2003) Page ..�, C-6 1 37 310811 1 8 3096,20 1719/2013 Packet Pg. 328 Building Permit Fees: Forvhluadnn ranges-beyond the.scope of the above tnble the following fonnulas can be used to determine the basic building; oennit fee: W1tcYe 11ie viausi[im1'(}`}is between 5100;000.00 and-`;500,000.00-- $639:50 for{irst5'1'00;000:001nd.53:50;per 1,000:00 ' therealler,:or V-)pO Onp ( O UaolifingMa—milFm=$639.50+ 1000 �` 3.50 T Q 1Vlun-e:the valbation(V):is be3tvccn$500;000.00 tbru.S1;000,000:00-$2,039.5.0.for first$500;000:00 and$3.00 per.l OCk).GG 4 thereufler,;or N O Y san.noo O Buildlnp VermiC Rcc:=$2039.50 i { 7000 300 T Where Me valuation(V)is$1,000,000,00 or'greatcr–$3,539:50 foe first 5I;000;W0,U0 and$ ,QO per 1;000.0Y.Aarealier,or tY? T r T •r�r.neo.nnn. �. Buildiiig Ph mit Ypt, = 53$39:50 ti 10bQ U Pha1l.Review Fees:. y Tor valuution mnges•beyund the-::cope ol'this table the;PImiRbvicw Fen sholfbe a$foll'ow.sr. ___ Go7ttmorci0lllnclustiial'and.IViilitifhmily.ltesldentlaY' 4S"lo of lhi calCUlatbd:bui[t}ixig..perl7ii€>fee C E L CD Y O M O N O M O N Y E L t� Y V Y Q e:rfucs/ae CCUIeorrues. S.2003) Nile 9 C-7 1373\{38\1 183096.20 12/9/2013 =9 Tilde :. .. i:,y„, eyf::�::•.,.k .,. Single-fatnil� ltcsidential.Rewire(plusservica) $.056 Rparfntents,condbnt iniunrs per sq,.ft..(plus;;eivice) &050 Commercial buildings per sq,ft.(p'tus,servicr) 3.015 ^ N O Electrictl.Service:. 1lp:to'200 antps $30.50 N 200-amps.to 1000 amps '$62.15 TQOQ amps:pgd o'vep: $124.30 Q subpanels 1's.2a O N O Tem parat-y Power;Proles $23:50 00 r Ivictc;r•11610 $1:2:3.(1 � Ea6h e ttension lio19 Siip tti,tcr�: M tThit'$clicEttil.� :$1:1:0 r ReC�ptacle 'lights,•.4ypl(oYt>'&-frsF7lrtL'1i $ .7.3 P A(fcr 20;;eiteh a $4:95 I2atnge.(cx:eh 3y lshzilcl>y9t�!Q 0131<,eVaporntivh,00,OleY,etlbH tJ TSeEfziciil,Sigt y(for elects cal`wpr&'•—floes naf:ir3d ide tho cture) .$24:60 rn f�rlditirinnPllcfiiich.ai o6itwit7iirts'aniu sign. $ 4,75 C to Metet'lti?set to iViieti issued iz cop�aitcttop}vrt}i other ivprk $1:1:00 Ur Etch,,dchiioilal:meter on some btslltling'.•oY 1St 81000 = tQ iVLinlinuiii;Feq .$¢0:00 r+ stilai Fnci.gj Sysfetitr; (Qo:Chorge Private:S\vin3tril'nga?DOlsr 349:50 O M Fpreer 1�'ppnrattxg(niatnrs;�nyett7to)'*c;'ti��tt�j'arn?e3s;,initnstl�inl O •ticnliup,.runling ot�codking,;eryciipnetit;cfr:j v Ll rfo.L hjt $ A'75 O Oyer'9 ta1L:hp $1;2:30 CO) -.'Ovcr'•I•Q tb%SQ11 $24160 O .(3vpr:5.0':to:l'Oa1r1x $'49:50 N CSvcr:100'hp $74:50 E L CnrniYn[,s;>)ry��CiFCUSC} 01 -Grner8tars anc'1'Elecl'ricElly:lOriven.Rides .628,50 N tvechmiWlyDriven.RWt!' ,lVollC=tl iruattractionsIv[c1ee.lighfi.•sg $ 7.25 -System of'ur�l:btiutit lighting $ 7:25 N t V cC Q S:IICCti�kt6c[hlle of fees (rtvhnd Sept.3,4003) Page 10 C-8 1373108111$'3096.20 1219/2013 Packet Pg:330 Table, Plumbing fixture,each —t$40.00$UJI Gas in cler.ccd.(gauge test required) Gas meter reset(when i'ssurd in conjunction w./other work): $71.00 Gas meter-enchad ditionnlaneter-on spmeUui161ngorIat $10:00 House sewer,tack 524:65 N Gc5spool $37.25 O Private.Sewagg Disposal System .$74.50 N Demo Ssptic/—Pit $22.00 � Q Wiilcr.heafer,each $1230 a) Repairo 5lteraiidn'of cGn Wage pir'vent piping $4;75 CCM 00 Gaspipiilg system of 1 so 5 outlets Ntich.adwticinal uutlet bvPf 5,•pee outlet. 3, 1;10 I- Indusltial Waste; ekcept kitchen j type Lase interceptnrs,functioriing:as fixtL#,fiips:. V'.ateiPipininktailittion nitor4finnprrepriii $4:75 r 0. DruinageNtint piping $4.75 V LawnSprinklcr 14.80 N C ltuinwater.systt ms par'rliain(itiaide,building) L MInIMkitn.'Fe> 560:00 ) So1m LptfreySysfenis No.Chrce C R E L d W :'..f.11�l\i �•. .�l S5 4 .fS Y .:s1. .+..tr1QrC��it�A�eH :=.L`et., .yu t �� 1 YK i.Y....`,IiFl#i� L�t01cN--vu y� h:AU to 100,000 BTU 5.14.80 M F',AU over IM.- ,000 BTU 313'.20: cr) N .tiC'iiii€.up to;3 totiii $]'=1.80 p NQ'ilnilover3 tens tip to 1.5 tons 827,15 M M rTariff-pack7new or replacemerlt,incliuTeseas'orelectric) 829;60 1= Wall heater,floor furnace,scispemled Ke&ter S14.80 tls Evaporative cooler $10.65 C Bath cAhw..fan $125 0 Grease hood and duct systems. $10.65 V tC Duct alter S 10.65 Q Ai'r-handling.unit}1VAC $10.65 s:/fcadache(40e of Pecs 0tvisod Sept.S.7006) Tage 11 C-7 1373\08\1183096.20 12/9/2013 Packet Pg 331' TaTile".7 1 list a)IV tinn/Set u{' $196 Earthquake Brncing Systcros. $19.6 i Accessary 13alidings(Cabanas;$mnades,Patios,.BlockwtilIs;Garages, ty Awnings,Chrpoifs,Porches,etc). I o Without Standard Plans nnsed on valitaiioat ! N With Standard Plans $'196: Q ,Fees I+or C'onstrJAI(eratlun of ivIobilcitonra Park FhOlifies For.Each Lot N i - 1•IbctricpL Fee;Park Setvici $:1'4.0'0 tb Street Lights: g;x,00 w Lint S.ubstation/Sccond u�il�iSttilrutiorrT;an'sforntar $ O.St} r Alteri'lteplapc Seivibe or TYatisftihitor $jQ,50 .WobRhotnrwLet Sorvice• 1- ttef/.tepttii/relrlact lot seA'.ieo g7 ptk M 1 Plifir:X2eVieiY:'S4'oe� ono[•c}>Jrged.t61 ?Stand ll Mins). Based gh:vdJ(1ation _ r Pliiehbirid I eea t? `Pari`'Drain Sysfcitt' :•$;14:0A' U .Ptii!ate:Si;wnpeDrtsppsa)'or'1i1�`iilcr xreatmentSy�[eM X14:1H7• _ G.or)lmifa Intet I 7;t10 to AlteiJRapair•of Drtiitkigti/Writ'Piliing $i•7.0.� .Farii L'Vater•Systpitt ;$.?,,QQ ❑ft ' Watet Sc'rvii:q;, tl ets(Vratc{;itt'eter,§) '$.4.�:5 ro i Fire xCooI>~,iser i Wnter Coliditiater j Plumbtolt,'F>' resll}nuipment alt i�repairlrtplocc) S e{_gS i ca Puk-Qas Piping System. $7:00 E ITT or:Nat6ia1 MhT ilk of-60 gal.Qrmoic 7:00 IGfohilcliniijaLot Gas.fltltiCt;TLiser ;$; �5 r;,�.:DistribYt[iort Fyu3pttitgY(fli[erlr�pairlseplae�) cS:4.29 I Mist ellairctitisl 'i niCrit,eadli.iiistall5(ibit $:7:00' C) ?'<i; s r��A�S�e,$.."='�:':x,•3.3 _ �3.,t.,zT�,��: 1VI�9C27I'E11egt�S�+'�+`�r sl���:�N Y.6tvsiYlssuattc'r.Foos(tq bq htcuale4t em,ptl.tKC7M[U) $4Q.A0' o $ttpplem�.nta7.j ssintnci'.Iet $10 Qtk ce) �rltltitytii>�rnifru• $t;o_no rn inspeatibns—IItrurlp :$9445 Reni'sl>rotion7'be ;$94145 i 1 Ins'ctinn OGtside Nona-•1 i3(r 66,sljours q lK "5d'88:90-t$94.451hr.beyond 2 hr 0) Zonutg:Consistency Review Neu(BIiIj Permits,Demo,etc_) 454:00 [0 Certificate of'Occupnncg ;$475.99 3 (if included on building permit) 1133:62 a 1 Strong Mo[iou lhp(ruinentatfon Yrogrmn.(Sh71p)Fees. Residential t .0001 x Valuation Strong Motion.Instrumehtation PNogmin(SNIP)tees are imposed by the State of = California and-provicre fudding forscismie monitot'iab and'instrunrentatioti C6m4n0.1:0002:1 x,Valmtion U throughounhe State. (includinglwtuffi) c>f a Technology Fee 2%of plan.review&permit fees � Archive Fees Q Per Permit or Application $.1,00 Plans 12.00/sheet Doctanemu sAecn-bedile orrces (revised Sept.3_2UQ3) Pane 12 t 3 a C'10 1.373\08\1183096.20 12/9/2013 t Packet Pg. 332 s Hj-.,-lPeefij?g Division Devefopm6Rnt ServicesDepartrria6t }i ` �t. 300,Mgrth."D*strt; e '3"1 51&X,San'BanaPdrao GA"92418[107 PYarYy; (,909)'3895'iYi, 6aX:::.(504)�334.5'1�15 1 P Q 0 EN.GXN8ER3INdd.,Di1IISI. t�CHt.DEJI E.t F,�EEEa' Fs85:Ef1 ectty i.yury't8;2009 000 PCC C _ L 1 Basic;Peimi .E'eesa P .pinee,14 Oerrrilf $`A5.QQ $:;9'p' $Y:00 $4 9fJ a U -..Periiil: xtehsion Ga3;t ,.$B5` $ ;oa $?i48f# Periii:atreritEncraachMedt:PerMIt S675.00 $45;00 ;'$I2 .0: $�iUO $8fi350' c TeM oral. E>Y.eroacfYme[itperinitC:. � . i!�'o-izari.�:Ofosur.'Q� as":�iO �;�t5,00 <$ :�o• s���' ..��as3�' `� •.: ti4f:th: arse (ostxe Flrs['Ut�y�: : 1 fs:0i �45.0U t%r i;Ofj. $t B3 • �azir:l�ildktl.onal:may` $66��p �� ::, �0 � `$6',1'��1' � E Gximi�o•ikiJti:e Glosu.re_�it}i��xeav4�i'o.n-: �3fi,•04 $53°A� :�Ef+3B $1:Ct0: �$34_fi;76 g�, ;S{)Q ial Events:,EnCroachrfi:ent.Peiinit: t4 -. .Vitfi`:1'tane ifks 6-. $?v4;>tio ;a57oQ $1 :90 :LO& $556.9 �' With.A:Stteet'Ciosure 14;00 !$95i0Ci $ Ydti3 $7::00 .$571.18. o Road Closure tdiat Dray 4,94 R9ad"Glosure.(l;acttl�BCti'oi�al: .$3Q�QQ �' � � $�2.tl0: Days)' 0 Cl) Oversiie:load Pei'rrti,tJBUilding MQve:. rn N One.'Dayp�m�lt'(5tAteFee),. $rYT:bQ :t $i:3,4 $1;01 +- mnual Permit.(state V-eej Ilauiing Permit: HistD'ay' $'393.60 $dkW $786 $:1.40 '$.4oT.35 Each.Acid tionai.Day $100.00 $162.60 � E Excavation Permit(Per Day). $150.00 $,15:00 $3:90 $1.00 $199.90 v Y Q 1 1373WBU 183096.20 12/9/2013 Packet Pg. 333 3 S4,nc Type of Application F Traffic Study.Report - Base Fee $714.00 $14:38 $.25 $733:63 - Extended Review(Per Hour) $80.00 * $1.,60 " $81.60. tv 0 Final Map 6r Parcel Map Review!. N -80c.Fee $2,210400 * $44.20 $2.007 $2;256.20 Q --Per Lot Fee: $55.00 * 4-2% 0 Each Additional.Review. $135,00 * $2:76 $137.70. 1 rn Final Map Continuance $404.00: * *' N $8°08 $412:.087 Co Cerfificake..bf Correction(Per $87;00 * $1;94 $2,60 Hf<tr.) I00.94 00 Off-Site Improvement!Plan Check lam_ 1=eeJBaset bri;Cohstruei:ion G'ost M Estimate Minimum$50;.0'0.Charge 4° r r CL D On-Site:I'motoveiriQnt Plan Check U I Fee/Based•on Coristruction.Cost E3tiiiiate 2% * +2% $2:00. _ at' Pradii;aklan Check.Feeg; 50bF"Less Cubic Yards(CY). No Fee t j - St-1,06-Cubic YarAs(C.Y) $f5,0:0 $ 30 $2;00: $Y7.3G1• X01 1,000 Cubic Yards G5' 22.50 = 7 $ * $ 45. $2.40 $,2485. ca 1,001-.10000 Cubic Y6r85.(CY) $300 * $:60, $ $32.60: E 101001.-1ti1J0D0 CublcYards ' 2:.0,0. $30:09/.$18:00 ' -1•Z°lo. $2:OQ' ,4; (Cy} .additional'.10;.000 R 100,001=200,000 Cubic Yards $165:00/$9:00 additional 10;00.0 +2%. $200 c°h Cy 2:00,001 Cubic Yard's(CY)and up $255.00/$j,50 additional 10;000 0 .Cy. M N Four-of More Pia;Checks $85.00" * +20/4 keview.Revisions to Approved Plans $137 00 * svq $2.00 $141.74. c� Revievi Fee: _ - Certificates of Compliance $828.00 * $16;55 $.25 $$44:81 a) - Lot Merger $828:00 * $16.56• E - Lot Line Adjustment-Single * $•2S $848.8'1 Famify/Owner Occupied $414:00 * .$8.29 $.25 $422.53 - Lot Line Adjustment - Q Commercial/Industrial $828.00 * $16.56 $.25 $844.81. 2 C-12 1373\08\1 183096.20 12/9/2013 Packet Pg:.334 . i A6A6iiVi- TvIle-of Application Off-site Construction Inspection• FeeJBased on'Construction Cost 4 0/Q * •!+2°Ia Estimate N 011-Site-Con5truction Inspection o Feel Based"on.-Construction Cost 3% +2-/0, N r ESYirtiate Q Grading.Inspection Fees: a� 50:or Less:.Cubic Yards(CY) No Fee * * *' * N w - 51 -1013 a.ubic Yard's(CY) $1"50:C0 " $3.00 *' $:i8�i_G:0 0 X01->1,000 Cub cYardg-(CY) $225.00 1,003-ib-,006 Ccrbrcrds.(CY) $30.66 ;k.Ya x;0,001.-100,000 Cubic:Yards $300;00%$100.04 * +2%; * �- (CY) additional 10;000 CO) CY ' r .O0r001- ZOOD00 Cubic:Yards $300001$Y00:00 r (04. additional.10;000 * +2°!0 *` _ CY U 200,001 Cubic Yards'(CY)and"up $300;001$1 00:00 s additional 10,'000 rn CY L Blanket Permit Iftpecti:oh.(Pee $7:3:0.0 $3..46' * $74.46 Lpcation) _ ca Re-inspectiotY $5.9:00' * $1.18 * $60:18= L Bond Release Inspection After€3ours and Holiday Construction. Inspection; o $3690 $ . 8 $376.38" Md Nbur Mlriinturfl C) Each AddiEzonal hour $92.45 * $1;85 * $�J3.30 . N Review of Storm Water Pollution o M Prevention Plans.(SWPPp): °4 N - Commercial:and Residentlai $410>00 * $8:20 $:25" $418.45 E Projects - Udustrial and Linear $265.00 * $5.30 $:25 $270.55 (CIP%Utility)Projects C d Review-of Water Quality Management E Pians"(WQMP): - Non-Categorical $80:00 * $1.60 $.25 $81.85 _ v - Categorical with out"Conditions of $365.00 * $7.30 $.25 $372.§5 Concern- Q - Categorical with Conditions of $1,130.00 * $22.60' $.25 $1,152.85 Concern Four or more Reviews.(Per Hour $99.00. * .$1.98 $.25 $101.23 3 C-13 137310311]83096.20 11/9/2013 Packet•Pg."335 RevieVv of Erosion,/Waste Management $7.5.00 * $1.50 $.25 $76.35 Control Plan NatIona['Pollutant Discharge c Elimination System(NODES). 9 Construction Inspection'. $98.00 * $1.96 * $99.96 r Less Than 10 acres: $S79>00 $3;58' $;182,58 Q 10.Acres or.mpre N 00 r N.ational.PallutarR Dlschar.'ge Elimination Sysfiem'(NPDfS)Business: $143:OQ * $Z:86; $.5:00- $145:86 Inspection: M Hydraulic/Hydrology Study: 7 T-de NoriYiyfininitrrm $9:74' Four or More.Hqurs * $.25: $102.99' C $1.00OQ: $2.00: $:25' $102.4$ CL Temporary Certlficate of Occupancy. $520..00 * U $10:•40: $1.00 $530.25 N Engineering L4#Cer $•190;OQ * $2:00 ,Z_5: Street Name Change: s- m Pjus the''Cost of the Sign, $1,34Si00 * $26;90; $.2S' $J,372-75: C9 c Sewer Gapacity:Anaiysls: - Minimum Fee 280;;00 * $5.60. E $ $.:25' $2x5.05 Extended Revfi tW(Per flour) $80;.00 * $1.50: $.25: $81.85' Street Light Ele tdcof Energy.l=ee 70V4 5,.£300L 'type,A; $420 0:0 Each * $8..40 $428.4£3 0 - 100W 9,500L Type$` $4-71$6 Eath * x$0.52 $48'2.26 1S4Wr 16,00:01. Type G; $720 00 E=ach * $J4,40 $734.40 :20OW, 2 .GOGL Type.a $91Z.Ou.Each A '$.18';24 $930.24 . 0 Billing Free $59:00_ * $1.18 $.25• $60.43 N Street or Alley Vatatio.n Deposit, $1,000.00 * $29.00 $.25• $1,020.25 L Balance Due-'Prior to Processing $5;000.00 * $20.00: $.25: $1,020.25. R Dedication•of Right=.qf.--Way(Each);: _ - If Legal and Map are Provided 6:30 - If City Pr $16.00 epares Legal and Map $800.00 $.25 $321.55 � * $.25. $816.25 v m Private Party Annexation Request $14,750.00 $795.00 $.25 $35,045.25 Q City Property Lease Processing $2,100.00 * $42.00 $.25 $2I42.25 4 C-14 1373\08\1183090.20 121912013 Pack6t Pg 336' i Tylic of Application, Fu,! (20/6) ei� r Community Facility District, Verdemont Area Only $7,010.78/Lot $140.22 $.25: $7,151.25: Residential.in lieu Fee $386.43ILot $7:73 $,25' $394:40 k6sldentia)if Iri CFO,200912010.. $48;975.34JAcre $979:51 $.25: $49,954.46 No Industrial/Commercial in.Lieu $2;.699.48 1,Acre $53:98: $.25 $2;753.72. N Fee; Q — Industrial/Commercial if Jn"CFD $5,900 :$1.18.00. $.25: $6,018.25 2009/2010• CFD Formation Fee N Assessment District $5;900 $118.00 $.25 $6,018.25 00 00 r Outside.City Sewer Service Permit $1,300,00. $45:00 $26 . $1.00 $1,327 F x{archive f2es,ate.$1.00per perMt;$2,00 per plartstleet and$25 per document, Total*chive Pee will very base ob':thk j total hurnber bf case fl2:docuhnAnM r r CL FEES FOR DOCUMENTS&MAPS V AEcount#001-000e4710 y Documents 0) d The; General. Rlaq, Development ;Cade, and other documents are available: on the City's: web page: WW bcitv.ord..select Departmentsatsd:tleud*menCSe/vice9and Planning. co Maps- c Maps'a're available lrt the*General Plan located on lthe`City's web pager www,sbcity.ota,.select'L)epa/tmeRfs and DevelapnLentServlces;and Planning. L CD Copying, Photacoples ....:..:........:.:.....::::: ::.......................:..:.:..,.,:,,35Q.fiYSt page,plus:l54 each additlonal page 0 M N O M N L c� G V W Q 5 C-15 1393\08\1183096.20 12/9/2013 Packet PO.'#7 F'•z<I;?.I,�;>�' f' P/an171179 D%visiorr _ � J..,J Du'vu F,:iici7i u6/inriitien[` ' e'n k'k-•`4 { t � 300 North"0"Street,34 Floor,San Bernardino,CA 92-418-001 Phone: (909)384.5057 Fax: (909)384-5080 N r ud. Website; www.sbcity.org Q Na ft iiardhio N Q 0 M N 00 PLANNING DIVISION SCEiEOULE, OF FEES 00 rc r FEesl:ffectives lanuarjr 5,2004 4`, M r•of Application r { Amendment to-Cbnditibns: Q. Director review:(,ppi) $583 —n/CRC review t1P2) $822 $16.44 $8.00 $602.66 U $$,00 $846.44 Planning Comm.Review (cup/oe3lsun) $2,550 $51 $8.00 $2;609,00 y C Antenna Development Permit(!)Pi) $2,93$ $5$.76• 11,25 $3,008.01 R Appeal to Mayor&Common Council: (� Non-a.ppli.cant;City resident $177 $3.S4 $2.00 $M54 C —.Ail others $1,766 $3532 :$2,00: $1,803.32 L } Appeal.to Planning Commission GI --Non-a.ppiicant;City resident. $27$ $5.56 $2.00 $285.56 All others. $2,773 $55:44 47.00 $2,829,44 . 'S Conditional Use Permit —Alcohol outlet in existing.building $3;858 $77,16 $12,0.0 $3,947,16. N —Commercial&Industrial(non-residential) X7,.1$3 $142.66 :$17..00. $2,287.66 —Resl4ential.(.Condo,HM4p,Guest House) 42;809 $56,18 ,$12,00 (2,877.18 p j —Revision $2;113 $42.26 :$12.00 $2,167:26. N Design Review Full Consultant Cost x L Development Agreement or Agreement Direct Cast +29% Amendment Recovery Fee i Development-code Amendment $7,449 plus Full $148.98 a Consultant'Cost Development Permit t Type 1(DPI-Director review) $1,070 $21.40 $11.25 $1;102.65 v - Type 2(DP2-Dev.Review Committee) $6,890 $137.80 $12.00 $7,039.80• Type 3 (Planning Commission) $7,191 $143.82 $12:00 $7,334.82 Q - Type 3 (Mayor and Common Council) $7,289 $145.76 $12.00 $7,445,76 1 1 3 ) t 3 C-16 1373\08\1 1 83 090.20 1219/2013 Packet Pg:08 -ISO I I I Fee I I It Total Document Copies Varies-see page 4 N Environmental Study(initial study prepared $3,273- $65.46 n/a $3,338.46 G by staff for MNA with MM/RP). N r Environmental Impact Report Direct Cost Recovery Pee plus Full 0 ConsuitantCost Extension of Time N -CUP&Development Permit 2/3. $3,922, $78,44 $11.25 $4,011.69 00 -Tentative Tract Maps $4,768 $95.36 $11.25 $1,874.61 . r Gence/Wall Permit $56 $1.12 1.50 $58.62 1 M Fire Fees �- CUP&Development Permit 2/3 $41.3.45 $413.45 r - Subdivisions;.Teritative,T $361.85 racts,Parcel n/a n/a $361.85 0 Maps,and Lot.Line Adjustments (CA Dept of)Fish&Game Fees(Make check U payable to"VePk of the Board of Supervisors") U3 Environmental Impact Report $2,768,25 +$50Admin.Fee $2,818.25 d -Negative Declaration(%viol or without $1;993.00 +$50 Admin.Fee $2,043.00 p MMRP). $50 .$50.00 � Notice of Exemption General:hian Amendment(text or map) Direct Cost Recovery, Fee($1500 Deposit) tts Historic Preservation Report Direct Cost:Recovery Fee($815 deposit plus Cwsul4int E Cost Home Occupation Permit $268 $5.36 $2.00 $275.36 Letter of Toning&Gen.Plan Consistency $450 $9.00 $2.00 $461.00 C M Lot Line Adjustment $477 $9.54 $8.0,0 $494.54 N Minor Exception -Concurrent`with another.application $288 $5.76 $4.50 $298.26 -Owner-occupied single-family residence $26.8 $536 $4.50 $277.86 ay -Other $792 -$15,84 $4.50 $812.34 Misc.Environmental Report Review Direct Cost Recovery Fee($245 deposit)plus Full Consultant Cost($327 deposit) cs Minor Modification/Revision $561 $11.22 $4.50 $76.72 Phasing Plan Review E If not part of original project review $823 $16.46 $12.00 $851.46 V -Dev.Review Committee application $514 $10.28 $12.00 $536.28 ;a (DP2) $536 $10.72 $12.00 $558.72 t -Planning Comm.application 2 C-17 1373\08\1183096.20 12/912013 Packet Pg.339 TV pe of Application (CUPJDP3.1SUB) Planning Commission Interpretation $1,119. $22;38 n/a 1141.38 Public Convenience or Necessity Letter $636 $12.72 5.50 $65.4.22 N (PCN) C cV r Pre Application Review-DRCReyiew $2,424 $48.48• $6.00 $2,478,48 Q t (Iran application hs filed within 60 days orthe review, 0 $1,500 will be,credited toward that appileation.) N I Reconsitteration by the,Planning Comm. $5tS6_ 10.12 n;a $51632 00 00 Sign:Permit $.18z $3.64 $5:50 $141.14. Requiring Conditional'Use'Permit $3,858 $77.16 $5:50 $3;940.66 l -Temporary 2 $I.1L ,22 '� $5.50 $118.72 eh Sign Program $610 $12,20 $5.50 $627.70' c' e^- Specific Plan or Specific Plan Amendment Direct,Cost Recovery Fee plus Full Consultant Cost a Temporary Use Perm7t U -Director Review $450 $9.00 $'4:7,5 $163,75 -Planning Commission Review N $.782 $.15.6.4 $4:75 $802,89 C d Tentative Parcel Map $4;262 +Z%of $8.00, varies plus$65 per parcel calculated M I basefee Tentative l'raet Map{for 5ingle.Family $7, 61 4-76/o of $8,00 Varies � i Residential,Condo's;'or P.R.D.} plus$65 per idt/dwl'g calculated unit base fee L Tentative Map Revision,-Tracb[Parcel•Map $2,113 $g2.2G. $8.00 $2,163.26 CD Tree Removaf.Permit $506 •$10,12 $4.25 $520,37 Variance $2;724 $54.48 $4.75 $2,783.23 0 -With another application $910 18.20 4•.75 N Single Family Residence 322 $ 6,44 $ $9.32,999 g Y $. $ $4.75 $333.19 Vesting:Tentativ8 Maps Direct Ccst'RecovM.Fee plus.FUJI-Consultant Cost M 0 Zoning Form.-written verification ofzoning $7,2 $.44 N 9. .. only L Zoning Verification Review(for Business $37 $.74 $2.00 $39.74 Registration Certificate) C Archive fees are$1.00 plus$2.00 per plan sheet plus$.25 per document. Total archive fee will vary.base on the total d number of case file documents. E L V R w Q 3 1 C-28 2373\08\11830)6.20 12/9/2013 Packet,Pg:340 1 fiF IL Direct Cost Recovery Fee The Direct Cost Recovery Fee shall include all City labor and material costs,both direct and indirect,.including overhead charged against the specific item being discussed.The applicant shall pay a deposit for the Direct Cost Recovery Fee at the time of filing the application. j;ull Consultant Cost N The Full Consultant Cost shall include all costs Incurred by the.City under contract yvith a consultant.The O N applicant shall pay a deposit for the full consultant costs at the time of filing the i pplication. Q Deposit Reaulred 0 The applicant shall pay an initial deposit of$1,500 (or the-deposit listed in the fee schedule}at-the time of N filing an application on which there is a Direct Cost Recovery Fee.The applicant shall pay an initial deposit of 00 $1,500(or the delfosit listed in the fee schedule) at the time of Fling an application on which there is a Full Consultant Cost.Fee. When 75%of a deposit has been expended,and the Planning Division determines that E the estimated remaining costs of the job will exceed the amount deposited, an additional deposit of such excess shall be required. Notification of the additionaF deposit required will be rnaiidd to the applicant,iyho shall deposit such monies prior to the date specified in the notice. When an additional deposit has bten requested, work will be suspended on the project when 959/o of the-.deposit previously received'has been O expended. Projects will not be completed with money due, Jf an additional deposit Is not made by the date 0 specified in the notice,,the eject shall be deemed withdrawn on.tjl8 daEe specified without any further action U on the pert of the City of San tiernaidino and without refund.-of any money deposited for servic e- erf o r med. N Such project may be reinstated:only if additional deposit is made within 30 days from the date that the project = was deemed withdrawn.ff a project involves moRlple applications,the full amount of fees for each type of application shall be paid. M Refunds will be made,by the City of any fee that was erroneously,paid or collected,for any unused:deposit 0 monies of Direct Cost Recovery Fee or Full Consultant Cost Fee after all changes for the.project have beers determined,or as determined by the,Director.. m E Fees are automatically adjusted annually on January 1st.of each year,teased on the latest availbble ConsumEy Price Index increase from the prior year, fees adopted per Resolution No.89.471(11122/89);Resolution No.91-148{4/18/92}r Resolution No,2003.211 M (8/4103), and Resolution No. 2006-325 (915/06). Fire Department Tees authorized by Resolution No:1999-173 (7113199)bpd Resolution No.2006-325(915106). Technology Fee of 2.0%ls.authorized by Resolution No.2008449(05/07/08),. O M N FEES FOR DOCUMENTS & MAPS .� Account q 001-000-4710. O M Documents. N The- General Plan, Development Code, and other documents are available on the City's web 'page: wym,sbcity;org;select Deportmentsand Development Services and Panning. L Maps Maps are available in the General Plan located on the City's web page: wwwsbcitv.gtg,select Departments and Community Development and Planning. _ d Copying. E Photocopies .............................................................................354 first page,plus 15¢each additional page v m a 4 G19 1373108\1 183096.20 12/9/2013 Packet-Pg.341, r� �n np rt c Tempd� 'c �� r ' O1E'84� ictflICDns r nd Deftmils � o l:%�. Bklechve hdX�l 2040 04 t Fipuev Agptt.2,2014 Q �. .33 Idi»g&Sddty Divisdottl c6m'ntr�a4 .fl eio�ni��ii'.dept: c� '•1�:. 30O;.N'oPtfiA Stibe�,:SnnaB£�rmFi5rig.CA:p3'41$ N O ph:??09),8 07.1 F'6s;.(9063,$4.50$0' : UU;ctisi[ec tgcyw;;:tiyiyyorg � PE YYP Rf't?11CAt311l�Y', AM0lYNTQF Fin ur-fiOh) e� .`La%kEnfprFarbFnF`Ratttites ;4T6f2i�+�0eclit8i5`cifs: 509'0 i r :FiKt;StippirssiorSF;ciliCfet% Xl►'(V'etiyQaCtlpatoiti so%: 1 Q iF[IfralXk`'acllitR� 'tJex,ileslileriiia�' 5'S9G'. � � 'dtquetivyFbGili>.iez: t�pw;:ResIN%nt(al� 55% U i p'arf Ia6d'A'c.qu::1N ilo'n: 6iew RcsidEr lak 55k y C , IMMINIIN F'Ek'Y. kE; �SPH tAe.t17K5 °AtaJc�yNx'QE:R�,R1lFfi,4l�t � Aitli(rif:(efd ;ftf,:➢lrgj 5 SUb%J(ia'sttfrtsoPa�or• 5p38 �t B.'ulllri�;larznir+g%tt�vE�k fb!an+oines,: Sro9 c� OPT' C .dirfitiiitirns, 5G% iltdrnRkilE; :tairliet'saf,.Lni! soy as �E'nglneeri»�l?;rn11f jGiptiing;,Oh�:;. -�SNflcex:. 50% � '3F7•'e;�G�1`s"itf,l�d$capi'n$j: B�re:Ffan��Re4iew�ln$pcttlonl " 5p9>; ,, h a'.Sar fnTcle,ws.. '"` 50 ' O ``: :Issuance• �161i18I'• _ 504G BiariiA'eVii�w'•:��:i'g,'Fire;: 5p� N 'Tethnolagl� 50°G WQFAP 50% O M HydrOliYV: .... 50°6 O S fJPPf1... w.; SQye N MIN E FU TYPE P['. APPCICAD)!!TY- REFERENCE � B LUNEnforcernentFacilltits Single�£afiihrS.uli`dW19on3of5dr Resor2A0a-r31 }; F.irt Su4prts5ion Facilities mare units,-and, Rtso.2010-247 C l:ibitr/Facilities New Cm me rciat,Office,or Aquatic.Rocilitle.s Industrial: _ Parkland Acgulition U tocahClr•culativn f4 �+ Rc.$Ionaf,CiiciStabon. Q Pciblic:Mt,tingsFaciktles Storm Drain Pbx5all single-family.resid+noes Peso.2010-247 and SENtG 3.32:040 Sewer.COnntettbn .All:single-family residences Only SBM1AC13.02.05%01 JL.rU:Eldgand:iafetyl ellfomisl (.-,;:edAvV,t2,2m2) C-20 1373108\1 183096 20 12/9/2013 Packet Pg. 342 . . .. ., 6.B.b EXHIBIT D CURRENT IMPACT FEE SCHEDULE N O w �oytMUNiT t�n �EC CiisM r Dr�r. 1TttT r 1 `I;t!Ll l,,N M;i"�!I3IVESIC2tY 0 t�� °�,� �' 3dU NOrtki."Ij„Su'�ct•Sfis�.I�eiYifiYdersts•��s;�Z�18�OOQt 00 f�'.. PlariiRc..Fluildxng�Qy3'Sxl��117�I?ar::90�jS384= 430 � �ivtvs6cirX.tsrg_ r' Cl) • ' Hbi151rt�.AYtillurkty`; .. .. .' - _ - The M •:.tv;([l.hc;pm�!k_�ed'slt4rtf�a-7fi�fAliti�yiitgfes'�°ert"r i';sessed:i�'riiieY:tlte.folFo�viiti�. '� U ?etec� N C iaiti6en'YaXi'Stin IJtvC_li�tt+9'iss25Z'.: 2,m i'1"str.,a:fe istkic :T il'room t�:344!••:,: :. C9 _ 'ut}ttiar�o��smry'D�Y�If%ia$sis�.i.%1':' E r ;I�127�1k�€0.�'tt�".e'Y•}��P'4'Q,tjtS1:9$48: '' .. .. .. N cu itia11T1affi 74A95 °' lte�fit}t7tll''�'raffi� '..:.: : ,. Gr;t�> ipr�earitr ,$X6:01$,9$ :Fir6:5uptES,eion•:..;:,• :.• .'.' •. : $,15ii83 G7` - :iiic�rjt, 'aitiet'esl�`iSkleEtiG'n: ee:;' ° '::.-:::. • .- .;�,� ��� �FAG::•.. •• :'�•�x�aia;��' . . M 1�yi fl g Svi 'ki'tigs Fucilit"res 1.3702,56., N Se�i'cr onsteettO t. $ibd;$iB4OG E S-wxr Omell'ea.. 4��(till ParkT�rirl tree•. '$'..1, 97..818.35• a' cs TotYil'Itiinarut,I�aes SZ,3�t');.15G.59 E L U Guiturat Not tndluded Y w a _...... ..... ...._............ _. .._...... ............ .... ........... .. D=1 1373\08\1183096.20 12/9/2013 t CITY OF SAN BERNARDINO-PUBLIC WORKS 1 ENGINEERING G4S'r ESTIMATE STREET IMPROVEMENTS-(Off Sito). REVISED:,JULY'16; 2008• Engineerf: Planning Case ft N Engineer: TM NbJF'M:No: �-- 9 oh No: r Oraiving ITEM( QUANTITY ;llNI- .UNIT COST,' dtV10UNr $ N 8"6urb aTrd Gutte[, LF $1x3;27 , ,.- 5".Curk.on i LF 31:3:02:i;,.•:: 8"Cdrb:an`Gutter..: "Curb—oht :5 .; ...':u i':of•,:. '50;00,}' Gutt6F E- C..St uttb o ao. Residentfa6bWY A(3PR`: • 8oiiirimzicial:D. M1�'. ,:SIP' ST-59'' • '19andiba ram- _�' '�•. "�' r &"AG bike F '411:93.' S0'DO 8`AGtblke:...o R: II;27 U AC.Pav'emrnVA"fe teBase r' S:'.a;.1,"•C$3:25' ` • 'AC PavemeriVNalive • $0 00 • ._ SF. A re afe base Totl 79 MAD ad Rewa .excavatiort-.''',4 :... V earribadas a ....'•y. AC'6ve'rla. .'. tlt $ ()0 :. For seal •$Z $0 DO Pre arattbh of su 18 d'e ' :.`r-::.: •. ,NSF.. $D•9 --::$0.00... C .. $0. 3 ' Slreet'rtaYnO EA.:x ..554X3 ,:r i$0,00 ;. egutaTO .s s Sto's 62i' $270b 0:00: _ 25:4 Q Giiida marker - �Pk, �.Eo00. � Saw:Ctit.: .;.S 80 Retocata'chaiq link fence' ,.Lp•,; Gtiaiplink`., $759'_'i .:::;,::';'•'$0:OD'' 9.x0 t AG;rernovat 0 -:5Ft; :, .. Streetttea: . EAz '. T:`5379:1.1,•.,::::.: ;.'' 77.:,:: "$Q DO Rerd' Gradin':ifn ortsoil Remdve:curb•and. utter:'. , LF.:.: .-'..:- - 00:; M i r :DO N tieet'stii in : , ...Lt=. .-.. :'..-; : ;43 ',::: i:•.. ++ AC:Sireefcntre Tt' Ton::• . $13558'4x:=:- ABStrbek'cutre.air. Ton $9220;:.: ... • cold Mau. sssoo:oo f o:aas � �. o:oo:...� a, $DI00 $0:00 C $0.00 N E s Street Improvement(Off-Site)Subtotatw(o 1rar0o control during GONST v Traftir,control during construction(5%of estimated construr IIbn cost.) $0,00 Street Improvement(Off-Site),Subtotal $0.00 Q Page 1.of 8 D-2 137310611183096.20 12/9/2013 Packet Pg.344 CITY OF SAN BERNARDMO-PUBUO WORKS)ENGINEERING cosrf_sTin"r�aT� STOP,9 DR'AIPIAM*Pl2'4VEhAtNT8(Off..Site) DEVISED.:jU'LY-Ilk 2(109• Developer: 0 Flnflr7iimg:GaSe:# tT Engineer: 0, TM'Noat?M.Nb:.' 0; iy Phone No: 0 Dafe:. 01100100: c DravAnco No: N i7Et < lANTI'fY IT UNU COST r - AMOUNT' � 69:•`RCP.and QvBE CF. . $413.20: • °..$0,00: WRCP;` Lf,++`:'.. ;.$36.1;55 .;.;'. .,.::$Uo N 6F.-. ' -:';:`$330156: .':: :::$0:00 00 00 W.,RGP . ....: . %16":.RCp:::;.r• '•::::: ,' !;rL:•:: *::'$268:5$°. $0',Op' • .ih2".RCP f •,.:y: - ;:L.F `,';$237 9 ^u0:00 301".RGF',- ra< Cl) 1171T.. RCP C u:144C6"� ;$0:00 18"'RGR:`;>::::'a:.:. , c• >.:{:r. Eyr $:fiO3;30 $0:00 r .... afctlkia§iA'-: �.-,.r..;;::�;:'',:;:':;'.:•';:_..,.c;:..y ;:Ei4::; ':;$S�dS1'.50' •r$O;bO t2 CetotGbasut: ,.. i.. 1. 515'i49.6;Qp;`s;rt".:,;•..$0 C�tch:basitl> :. F.A $22 72f 00 r' . =$0:00 JUrtctiohstrtictti'ce:<. :EA: $2158 0 0;00, y • °:;-�:;<:, lobal':de re'ssion..:,: :•:.... :�, :;$i 0$A 85 :z'.'. .,$0:00 m Concrete caltar,- Ef1• $2 711 S3 $0100:' C7 tJratt�a a inlet StruGhrr� Ekt SG 1 OD Dfain'a' butletstpudttsre EA:".. 71t.s3. ;.i�a60' Transition:Stitiature M M2• :$.1;ti26ig$: $0100 C'rate'intet`StiOctur. :,i:':.::.`.::. ' EiA?'::;':c;$2°`.1fi$:30::`:::><;:::. ;SQ:OQ ParkvM t ulJert: 00' C badWall::`(EA:Sr,..,:::::...,• 67 shWitt :for•Ri Cnricrete?cottai $0;00 r : o rid ustmentiiilantiole:to::i.�.:.,: a8'::';,:,:$650;79:: ,,..,!; ;,.$0'00 Cannecttoexistf".MH`:..:';" : •.:,::.' :.ES::, ::, °.$2,189;30 $0.00 ; ;.. N Reinftitct d:conCrete :; '.: 11 _ :'."$867.72 . ::... :..;$000, • $0'00•' Cl) N, :. $0.00 Storm Drain Impr0v6ment(Off Site)Subldtal. $0.00• `- r m E v ca Q Page 2 of 6 D-3 1 373/08/1 183096.20 12/9!2013 Packet Pg. 345 CITY OF SAN BERNARDINO-PUBLIC WORKS!ENGINEERING COST ESTIMATE SANITARY SEWER IMPROVEMENTS(.Off Site) REVISED:JULY IS, 2000 DevetSper:. Q Planning Cade# 0:1 Enqineer 0 TM NWPM'No.: Phone No: 0 Dafa; Off 100100 0 Orawing No: ITEM QUANTITY'.UNIT 'UNfTCQ,.T(R,.AiIA6UWr. B DIA EEC. $5;423:25 j, MAhhote_--_----48"DIA EA: �1;33f!`.6Q $0,00 a� w UV'.W $908'47 $000 0 Ci6a'n Out. '•,�•.. :,... ': . .. , ':.EA; r,: ..$,7.32:1,4 . .,,,:$0:00,. ..''. :' � Sewer Saddle'>:,•.:::•.::`... .. >.EA1.. .<. :'.52:�.t3.93 $000 � RenMddalin Exi$tiri;Manhole. ,_;X978 f0 $000 . Sewet>G`:`.E.VC::•- ;r:L. _:;$4"330'' =; :4` ,. 575;98 'LF.:: 1;0871;35? ,5 00 it; -Pvc. ::,.�> :• $:OTr&2 .,- $�oo.::, v Encasement; LF $37298;z':?r'.•$QOQ Pavement R"toiation ;.40,6A _ . .....: .:.:. i7tf-s fe•S.a f 8' J .nl ary eWac.irnRtaverle , btoi&1' - 0;0v:.` it E CD M N E .0 U ' Q Pgge 3 of 6 D-4 1373\08\1183096.20 1219/2013 Packet Pg. 346 �rlilrr� - CITY OF$AN BERNARDINO-PUSLIG WORKS f ENGINEERING COST 8STIMATE TRAFFIC SIGNALS!SIGNS TST RiP1P1C'(�f S[fe1:. DEVISED:JULY lqj. nO9: Developer: 0' Ptannirig,Gase Engineer; 0 TM Nb./PM KS'o.;' Phone No:. 0 halo: b1/0i/00: Cc Drawing Nb: ry UNLT CST Q ITEM' QUANTITY.UNIT O A1V10.UNT 0 Traffic Si nals.. .- LFG' •..;:$$4;232;50• �- Major Intersection 4 LEG- lS..r..:$216;Q3Q:00;.'': ':':.,...gQ',g0' N Minorintersectioh 4LEG. ES. !`,$1'.T3;64`4OO: x:;. "::':'"''.SO.O 00 • Add.Ptiase:td:.Esiisting:�Signal � QMe Dl�ection - Add Phase Existing BptFi'.Duectidrls d Traffic-Sfgnal Retoication Per; Pofe,;IA:(10')Pow- a. $0 t) fira(fi6 Signal.fteiocattorf Pet " a Pole,POlt3v)FMSignal:Masfarrtt ..'$TO846.50, t 000 U Relocate PB or:Ad,;G'rade: E{4 Traffic Si iiata:bo s."..'. . . .. .. :.. :::.E,4: '.: .::. $406;74; ti .::^$0 00- :. ' rn Pedesttian GeO96 ' Ik Stri'id' ::: L'F,r. $Q 66 a 11 00 6 FaveitlEntMatK ''. ... .. .'tF..:.:`:..°:r': $3:25,:,,::0..,:,.;,.3000 rC $Q 0. U' A. Ttafffa�Sfgn'als•F'Signs/S'tritifng:SutitotaF� � �"�'`'�`'" ' rr N L 1) d I_ V Q Page 4 of Q D-5 1373VAI 19.3D96.20 12/9/2013 Packet Pg. 347 CITY OF SAN BER14ARDINO-PUBLIC-WORKS f ENCINEGRING COST ESTIMATE ON,SITE INIPkOVEMENTS(PRIVATE.AREA): REV18ED:JULY 15, 2009 DeveCeffi7 0. PlanningCse# 0 Phon eN 0, TM Nb:1PM Na.-. a cu Phone No:•. 0 Date: 01lOn/0D' G Drawing Nt[:, REM. '. UNIT C..OST r QUANTITY UNIT AMOUNT' 0 Gtiib,arrd utteF•"" LF 51627 g0:0 PlafaCer LF $73.02 $Or00' CV RibbiSrt' uttl3f.:: SF :6t3 gD Walkwa 5 - o . $P .85; 2 Resldentiaf l)WY SF 87.59 eomYne al My, Rig F AC br.-PGa veitient iF. 48"}tip::•:: . . LF $268:58 ;t;: a$0: 0 4gr;R,P t $T 00 . . � G."•fCE"a, r $0.00 IL 7r1°R:CP S1z5"" $.0:00 D fF.•s. ::$'1+1di62 =$0:40 U PaF1c"``{tii drai LF ['$926'40� I rn 4:00 0:00 .... Gait -, ..... .`LF`:< ;..u.<826•.p3. 0:00 . d GOncrete.colfaG $000 C7 3`Retdirn waif:;. L•Ei, - $ 9.6 4` 4':RetairYiil IVJaH:; $0:00 to ' . .. mt ':wait •:5'1.08:47 $0;00 ! i G'got"hf =wall :EF.' SaS558': Relatmn WaO.:.., LF 5216 93. 80.00 t3 SOWflt.412rn anboies 3823:25 lean=out $732:14 SO'00 o Headwahsttuctt' EA•, ;;$2,71163 80.00: Tre'shencloSOr :.i `".:.. : EA =;:::$6 507 9. ":$0,00 PCG.Favement:-. SF' 581$ $000 4"Sewer(ateral. .. it @:' LF $1240 '$CAO M 5"Sewer leferal'orr9de'.:... . t.F'.. .>:..$.1446.:;'.:.•,...:';.:50.01);' C� $0 40 CV 'OnslteTotai' C - tv d s U a Page 5 of G D-6 1373\08\1 I&3096.20 1219!2013 Packet Pg. 348 4 CITY OF S^;!BEE?P1 R DING-PUBUC.WORKS/DIGINEERING FEES. REVISED:JULY 15,2009 Deyekit5er. ' a N Erjj neer: p• o Pho o ne No:'. N . L ' Plfinninp Case# p � Tract.Map:No./Parcel Map No.a p. 004 0 otioaipo: 00 :OFE�StTE;:... StCee#?frtl I•oveiYr�nt Off S1ta:91�b# tai : ;:::<,: $4;00:� =, Stotin•t�i:airi IiYi roverrient;Off S,'rke :Sub(ata!• .. ..`.:: ,•. .,',':,..;•... .,:$OzQtl�;';', r 58oita: Sever Crn .rzjvemen'"t Sdfitotai. : $0;00 a 7[affjc 5i`risis:l Si nsiSfci $p:0,0 ...' l artds<a,;iri ;(LMCf;'utsjlCl:` rriairit 'riied?.area§' u TO.TAf"fJ�1=SITEtMPROVEMENTS. - i QtQQ: � PIVI Cl%C inspe010 n fee:4lo;.(Resa_.9.i?L344)::;,:.,.: 0 .'•.';., TOTA :OFF-SITE:FEE - $0:00 c E .:•; � - •" .. MAP CNEGK FEE:'., PNtITR'NpMher' 'No of Cots ` - ':AMOK/;T:; CD N =SITU-IMPROVEMENTS;: cw Site{in YoVer`nen`1::Privats Area:' �$; - _ »r E Laridsca'ing:(Private:Areas:. L TOTAL ON-SITE IMPROVEMENTS $ R Plan checkin ;fee°2% Re'so.92-344 $. tnspection fee 31/6(Ftaso.92-344) _ E Tt�T4L ON-SITE FEE $0.00 w Q IPage 6 of 6 D-7 1373MR 1183096.20 12/9/2013 Packet Pg.349 .. .. 6.t3.b rr� fc't Engineering Division Development Services Department 300.North"[)"Street,3rB Floor;San Bernardino,CA 92418-001. {pt o Phone; (969)384-5111. Fax (909')384-51.15 San.dull rf 111a Website: www.sbcity:oro N O Cq Q 0 ENGINEERING DIVISION IM PACT FEES, Pees:Effective:July 15,2009 00 r H 1 -T M • M r Local.CimLikitibn System.Fee Type of Development: Detached Dwelling.Units —Attached l?welling Units $225;06 U —mobile.Home $150:03 $555,03- C&ntinetdal Lodging $15503: c Commercial%Office —Industrial Uses $0.147 cLo *Fees for mobile homes shall app;x to:mobile;homes: () located in mobile home parksk. _ Regional Circulation System Fee . � Type:of DvjelbomO ntc E —Detached Dwelling Units $2,435.00 m Attached Dwelling Units $1,626:00 Mobile Home Units* $1,274100. —Commercial Lodging $1;2EI.00 0 —CommercialJOffice $2.625: M —industrial us'es N 'Fees•for.mobile homes shaii apply to:mobire'nomes- locatetf in mobile home parks. These.Fees are due prior to Issuatice.of a Building; N Permit,The Local'CirctlrhtiomSystem.Fee is'updated E each July 15th based on the.ENR.Construction Cost E Index: co The Regional,Circulation,System Fee ls�updated annually by Resolution of the.Mayor and Council. m E The total Traffic Circulation System Fee is the sum of v the Local and Regional Circulation System Fee for a each_unit, Q 1 D-8 1373108\1 183096.20 1219/2013 Packet P-",-356 Sewer Connection Fee: - .Inspection Fee $28.19 - Sewer Connection Fee - 'Residential $405.53/bedroom - Mobile.Homes. 1$405.53/mobile home Motels and.Hotels $161:84 1dweiling unit cy Commerclal,Institutional;,and Industrial $323.69/3,000 SF N T The Connection:and Inspectio,ti. Fees are updated each Q 3111y 15`h based.on the:ERN Con'sttacti'on.C6tt Index: 0 Thesefees are dbe-at.the time the application for N connettion: 00 00 T These fees are not applicable.to-developMentwithin the East.Valleg Water District service.ardaf. � M T U - N C 13 L ((� Storm Drain,Fee Type:of'Ose: Detached Dwelling Units $3,793.15 Attathed.DWeliing Units .$1,566.86. Mobile kome.'oni& $3,,017.42: c Commercial Lodging and'C•ommerclaf/Office, $0,86. CO) in.dustriai(}sera- $1.0897. N CSDP Project 3::-5'(Pepper%Randall)Strom Drain-Fee M - All projects $12,633.33/gross acre N a+ All Drainage Fees are"updated each July 15i1 based on E the ERN Construction Cost Index,These Fees are due Lpi at the.time of application,forBuilding'Permits . s Verdemont Fees d - Chestnut Drainage Pee $0.2891SQ Fr not to E exceed$3,171.79 v - Palm Box Culvert/Signal Fee $0.022 ;4 a z D-9 1373108\1183096.20 121912013 Packet?§ 351;" '. Application Fee Law Enforcement Fee: ' -Type of Use wetached Dwel in'g units $017:46/unit - Attached Dwelling Units $547.07[unit Mobile Home.Units* $349.71/unit. Cons�nerciai:Lodging $343:94/unit Commerc'sal Office FT Industrial Users -so.00S/SQ Fr r *Fees Por mobile,homes shall?apply to mobile home Q located in mobile home parks. p o� Fire.Suppression.Fee: N o -Type of Use Co - Detached Dwelling Units $7553dJuni.0 g - Attached Dwelling Units $9440.9funit H Molile}lomeUriits�' $61285junit. � Cornmereial.Gpdgistg, $382,78/unit. . r :Commercial Office $A; II.O/SQ Fi IudustriaFUSem, $0.;0\12/,B.Q FT : a *Fees for mobile homes shall;:applyta.mobil8 home located:'in mobile:home parks. U These fees are updated each 3ijly,1,5 based.Qnthe _ ERN.'rons'truction.Cost Index:These fees ate:d.Uo prior d to:issaance of.a Building Permit. ILibrary Facilities Fee: + Type of Use c m Detached Dwi.Aling,Units $5'18 32/unit E Attached Dwelling Units $48811/unit, y Mobile Nome Units"• $443 19/unit R *Fees for moliile.,hbmes shall apply to mobile fionie ?�, locatedIn-mobilo ome parks. 0 Aquatic Facilities,Fee: M Of use Detached Dwelling Units $3.15.08/unit: o Attached Dwelling.Units $249;38/onit r) - Mobile Home Units* o $226;3 /unit: 04 *Fees for mobile Homes skali.apply to mobile home »- located immobile home parks. E L i� Public Meeting Facilities Fee; -Type of Use Detached Dwelling Units •$1,052.70/unit . d Attached Dwelling Units $832.70/unit E - Mobile Home Units* $756.80/unit v *Fees for mobile homes shall apply to mobile home ns located in mobile home parks. Q 3 D-10 1373\08\1 183096.20 21912013 Packet P_L 352' Parkland and Open Space Fee: - Type of Use Detached Dwelling Units $9,I96.001.0 nit. Attached Dwelling Units $7,278.701unit Mobile Home Units* $fi,613,0'Q/unit. 'Fees for mobile.homes shalt apply to mobile home N located in.mobile..hom'd parks. Q N Cultural Development Fee: Q D Type of Use, Veld ofihe valuation Newand'Reconstruction N CwnmercM.I./Industrial Uses. 00 TCC G These fees are updated each July 15'k,based on the ER1N'Construciidn Cost Index..,Publio.Meeting Facilities and.Parkland and open Space flees;w'ilMncrease by <'> 10%on January 1 of each'year throiigh 2009:The fees`are clue prior to issuance of-a Build ing..Permitj IL U c m n3 L L CD w . O M O a N O M O N r E ' L V Q h 1 373/0811 183096.20 1 21912013 . Packet,Pg.353; ! � r �k Tempe:•rary Fee Reductions JDefer ` and fl�a�s` 1;0'cctivc:h}iy2i,•20iik � Empires; AuguSt2s1014" Q 0 Buil'dinb&Sstic t3'DivisiOp;Cointnisittf,DeLeu'meutl7'c't ... Y.. ..l..P h N 30U.Ion Srect,.het, CA 9241 D�iiitsitiiiiYo� pp h p t ��t(y��,y)]y ty� s s yi y�ae{yyf t?h:.($oA)3B4Si5 fY"rfa c:(0(iQT'35J•Sd9d act E IYt�I�;, ". ..'.:.. APPLICABILITY AMOUNT PF REDUCTJON;' Leyt.Enfar<ei•senf Fac!(ftfes• All rkw Vccupancies 50}t, _ r ,F{{e$u`p'gresslon,Faalitfes• Ali New,d Cpupincies 304t' F1 Cfbr$Yy:Fad�tt�i New Ad"fdeniiaf 35°� D )tgitatfd Fri 3(iGds'. New J3esitleiiflat. 55' U • .. :.i�rlJbnd�A' 'oidit7on NeG(ReslifE�riYfal` . ... 559'0... .. E'1" '::`: A7QLi0A81Ci(Y AMOt1NTOFREOU,CRIOl4' 13 '+� •' 'AtZh1�KE,{6(d&Fjr�i,•b(ng�: .,SlfiglNf�mitySulsdivhi4lts'oi,SOf• 509E..' .. _ IRr�f 1'4110181-4600iYgftenevr"; Tb?Flnflpt0$gr -5046 C -- ;Ol?3: fopttotnfnfuns3; 50%, co it�lYllpSPgYpi1L Cdtnn*Atdey apd. 50%. E l h$fie @71ng Vi!tihft:.(Gr.$dfn4,.0{ry 6 tfi4es, 50�, Y siEe,QfK'titt,;ittndsttiping) ,. .. t6 'fire:V(d'nf�CVirkY/Ytispectioiv "' SO% • �asii',e;5prig&I�rs:::. q' 503'0. .. r (Stuatke. (91dg . 503b o Plan .:.Key (9 )idg Fore 1etinolbgg �efd�;.jring� a 5040. N ' Nydioiogy.� "" '. S49fr 0 $WBPPI so%. M .. . ._. to N FE6`iYPE° AP PLICA BABY REFERENCE L Caw Enforcement Facilitles Single•family.Subdivisionl of 5 or Heso.2008-81 We Stippi*ssion Facilities more:units,and Reso.2010.247 Library Facilities New Commercial,Office,or +� AguaucFacilities Industrial, d Parld;Md Accivlsittdn E Local Circulation Regional Circulation V Public Meetings Facilities Storm Drain Plus all single-family residences Reso.2010-241 and 58MC Q 3.38.040 Sewer Connection All single-family residences Only 5BMC13.08.05516{ JUS:131dg and Safaty/ati fmmns! itcOnd AupsQ.201?,i D-12 ® 1373108i1193096.20 l2/9l20J3 Packet Pg. 354 6.B.c ; IF- ATTACHMENT A -LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION 1 PROJECT: TTM 18829, CUP 11-13 DA 12-02 = LOCATION MAP :d:PE'T � HEARING DATE: 07117113 Room Office Q0, r a 1 a �. ............._... .i 1G1 CO i 1—� w Uf5�Iy r Resk{eial tz �• Own Fl i � — Suburban I n'ri Public—, fH Gamm Wil 1 ❑ a _ z_ N It, t ,M H C7 ASELINE ST m UKAN Project 11TH ;I Reside dal Residential CD Medi Medium; C a E . m O m U Public 0 Facilitios .„ eaea; Urban ' — 9-11H-8 � In tr I ' Ind striai - ,yf6, wo � L Ught a� E u Y P w ublic Publi90-11 Gorrtrol County Packet Pg. 355 EXHIBIT B The Waterman Gardens revised exhibits are available online at: N http://www.sbcity.org/cityball/community development/agendas/planning commission packets.asp N a Should this not work,here are step by step directions to obtain them: 1. Go to the City's website at: http://www.sbcity.org � 2. Go to the City Nall Tab co 3. Select Community Development,Agenda, Planning Commission Packets 4. Select the date of the meeting C~`r, It will open a Zip Folder for you. From there you can Open, Save and Print your documents. e�. D U c a� L V E L W M M N 1 � X W d VJ d W 0 m C d E U l4 r+ a w d ;_ a Packet Pg.356'° 6.B.e TTM 18829, CUP I1-13&DA 12-02 Conditions of Approval Page 1 ATTACHMENT C N 0 N CONDITIONS OF APPROVAL q 0 Tentative Tract Map 18829 (Subdivision 11-63) and N Conditional Use Permit 11-13. w 1. This approval is for tlne construction of an affordable housing project and to subdivide approximately 38 acres into 8 parcels and a 1-lot condominium subdivision to create a mixed income community and construct a three-story, 74-unit senior housing project with one manager's unit with court yards, 337 multi-family and condominium units and a v 45,000-square foot recreational facility, a 58,200-square foot community center, and a 7,400-square foot administration/multi-purpose building. The proposed project would be constructed in eight phases and is located at the northeast corner of Waterman Avenue and cc Olive Street, in the Residential Medium (RM) zone. All development must be in substantial 0 conformance with the Site Plans, Landscape Plan, Floor Plans, and Building Elevations, all M date stamped February 27,2013 and certain revisions all date stamped November 5,2013. All E conditions must be complied with prior to submitting for building plan check, unless otherwise stated. 0 M 2. Tentative Tract Man: Within two years of the original approval date, the filing of the initial phase of the final map with the Council shall have occurred or the approval shall become T l null and void. Expiration of a tentative map shall tenninate all proceedings and no final c map shall be filed without first processing a new tentative map. The City Engineer must N 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 a Council is the date on which the City Clerk receives the map. As provided for in San Bernardino Development Code Section 19.66.140, EXTENSION OF TIME, any applicable N time limits for acting on the tentative map application may be extended by mutual written �a consent of the subdivider and the City, as outlined in Map Act Section 66451.1. o CL CL EXPIRATION DATE: 2 Years after approval by the Mayor and Common Council a 0 N C 3. Conditional Use Permit: Within two years of this approval, the applicant shall apply for the ° necessary building permits and commencement of work/construction must have occurred on Phase 1 of the project or the permit/approval shall become null and void. The applicant v shall obtain Building Pen-nits for each phase of development as indicated in the project's Phasing Exhibit (final Phasing Plan to be submitted at of plan check with Phase I and with = technical improvement plans by the Applicant to the City) prior to commencement to the E specified construction activities included in the Conditions of Approval; otherwise the permit/approval will become null and void. Commencement of construction shall include Q demolition of existing structures and/or public improvements. Approval of the Conditional r Use Permit does not authorize commencement of construction. All necessary permits must be obtained prior to commencement of specified construction activities included in the E Conditions of Approval. a 1 Packet;Pg.357 TTM 18829, CUP 11-13&DA 12-02 Conditions of Approval Page 2 EXPIRATION DATE: 2 Years after approval by the Mayor and Common Council for c commencement of construction. N a 0 4. In the event this approval is legally challenged by a third party, the City will promptly co notify the applicant of any claim or action or proceeding and will cooperate fully in the co defense of this matter. Once notified, the applicant agrees to defend, indemnify, and hold harmless the City of San Bernardino (`City"), any departments, agencies, divisions, boards F- or commissions of the City, as well as any 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 v applicant further agrees to reimburse the City for any costs and attorneys' fees that 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. c� 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 E consideration for issuing this permit, this condition shall remain in effect if this Development Permit is rescinded or revoked, whether or not at the request of applicant. 0 M 5. Prior to installing any signs, the applicant must submit a Sign Permit application to the N Planning Division for review and approval. c 0 6. All perimeter block walls shall be constructed with the decorative finish on both sides (split A face, slump stone, etc.). 7. All construction sites shall be secured with temporary chain-link fencing, 6 feet in height. ao 8. Garage doors for all homes shall be set into the walls rather than flush with the exterior walls. A variety of compatible designs shall be used throughout the project. 0 CL CL 9. No homes shall be occupied until all conditions of approval for each phase have been a completed for final sign-off of all permits. y c 0 10. All windows, doors, and vents shall be architecturally treated. c 0 11. The project shall be subject to all applicable Mitigation Measures contained in the c) Mitigation Monitoring/Reporting Program contained in Attachment D. v r c d 12. Prior to the issuance of Building Permits, the applicant must demonstrate on the E construction drawings for the project that all exterior light fixtures will be energy efficient. a w Q 13. The property owner(s), successors and assigns will be responsible for regular maintenance the site. Vandalism, graffiti, trash and other debris must be removed within 24 hours of E first being reported. w Q 2 Packet Pg.358 TTM 18829, CUP 11-13&DA 12-02 Conditions of Approval Page 3 14. All necessary drainage and flood control measures shall be subject to requirements of the N Land Development Division. The developer's Engineer shall furnish all necessary data N relating to drainage and flood control prior to grading permit issuance. o a) 15. The development is located within Zone X on the Federal Insurance Rate Map Number N 0607IC8682H with Map Revise date of August 28, 2008. Therefore, the applicant must raise all building pads above the surrounding area. If required or requested the City shall F assist with the processing and approval of a LOMR application. Applicant shall be responsible for preparation of all documents, reports and studies necessary to complete the r filing of this application by the City. Further, any application fee required for the filing of the CLOMR/LOMR shall be paid by the applicant. v U) 16. All drainage from the development shall be directed to an approved public drainage facility. If not feasible, proper drainage facilities and easements shall be provided to the satisfaction of the City Engineer. E 17. If site drainage is to be outletted into the public street, the drainage shall be conveyed ? through a parkway culvert constructed in accordance with City Standard No. 400. Conveyance of site drainage over the Driveway approaches will not be permitted. c M 18. A Storm Water Pollution Prevention Plan (SWPPP) will be required. The applicant is Idirected to the California State Water Resources Control Board website for the CASQA SWPPP template. The SWPPP shall be accepted by the City Engineer and filed and 0 approved through the Storm Water Multiple Application and Report Tracking System (SMARTS) prior to issuance of a grading Permit. 19. Prior to issuance of a Grading Permit, the applicant must submit to the Director of o Community Development for review and approval an Erosion Control Plan. The plan shall N be designed to control erosion due to water and wind, including blowing dust, during all o phases of construction, including graded areas which are not proposed to be immediately a built upon. a 20. The site/grading and drainage plan shall be signed by a Registered Civil Engineer and a = grading permit will be required. The grading plan shall be prepared in strict accordance with the City's "Grading Policies and Procedures" and the City's "Standard Drawings", c unless otherwise approved by the City Engineer prior to grading permit issuance. v U 21. A Landscape and Lighting Maintenance District (LLMD) shall be implemented to maintain = landscaping within the following areas: E a) The median island located at Waterman Avenue north of Olive Street and South a of Baseline Street. b) The median island located at Baseline Street west of La Junita Street. r a 3 s Packet Pg:359 TTM 18829, CUP 11-13&DA 12-02 Conditions of Approval Page 4 22. All required maintenance districts (as noted in COA#21 herein solely) shall be formed and N bonded by the applicant prior to Map recording. Maintenance district formation requires a minimum of four months after approval of plans. o 23. The cost of the installation of landscaping and irrigation systems within the Landscape and CO Lighting Maintenance District shall be bonded as part of the faithful performance, labor and materials, and warranty bond required for approval by the City Council and recording of the tract map, unless the improvements are to be maintained by the Developer as noted in COA#21 herein). a 24. The applicant shall submit separate sets of landscape plans for the Landscape and Lighting v_ Maintenance District. c d 25. The landscaping and irrigation system shall be installed in the Landscape and Lighting Maintenance District (LLMD) and accepted by the City Engineer prior to application for = occupancy of any house in the subdivision. As phasing is anticipated for this project, the E above condition shall be implemented on a phase-by-phase basis. In the event the LLMD has not been accepted by the City the developer may apply for a `temporary occupancy' of any unit by applying for this with the Development Services Department and providing the appropriate surety instrument. N 26. Pad elevations shown on the rough and/or precise grading plan shall not vary more than one-foot for interior pads or one-half foot for exterior pads from the pad elevations shown c on the tentative tract map as approved by the Planning Commission. Exterior pads are those .5 pads immediately contiguous to existing streets or existing residential areas. Grading Plans shall incorporate the design features as per the accepted Water Quality Management Plan for this project, N 27. If more than five trees are to be removed from the site, a tree removal permit conforming to c the requirements of Section 19.28.090 of the Development Code shall be obtained from the a Department of Community Development Planning Division prior to issuance of any a grading or site development permits. 0 y 28. The applicant must post a grading bond prior to issuance of a grading permit. The amount ° of the bond is to be determined by the Land Development Division. o U 29. If more than 50 cubic yards of earth is to be hauled on City streets, a special hauling permit v shall be obtained from the City Engineer. Additional conditions, such as truck route approval, traffic controls, bonding, covering of loads, street cleaning, etc. may be required E by the City Engineer. w 30. Prior to issuance of a Grading Permit, the applicant must submit to the Land Development Q Division for review and approval a liquefaction evaluation. Any grading requirements recommended by the approved liquefaction evaluation shall be incorporated in the grading plan. a 4 Packet Pg 360 6.B.e TTM 18829, CUP 11-13&DA 12-02 Conditions of Approval Page 5 31. The applicant shall submit to the Land Development Division for review and approval an on-site Improvement Plan. Where feasible, this plan shall be incorporated with the grading plan and shall conform to all requirements of Section 15.04-167 of the Municipal Code o (See "Grading Policies and Procedures"). C„ N co co 32. Prior to final inspection the applicant shall install a refuse enclosure. The refuse enclosure(s) must be constructed in accordance with City Standard Drawing No. 508 and the minimum size of the refuse enclosure shall be 8 feet x 15 feet, unless the Public Works Department, Refuse Division, approves a smaller size, in writing. Where the refuse r enclosure is proposed to be constructed contiguous to spaces for parking passenger o. M vehicles, a three-foot wide by six-inch high concrete planter shall be provided to separate the enclosure from the contiguous parking. _ as 33. Where an accessible path of travel crosses drive aisles, the applicant shall delineate the path of travel by textured/colored concrete pavement. E 34. Prior to the issuance of Building Permits, the applicant must submit a Landscape and Irrigation plan that has been prepared in substantial conformance with the preliminary y landscape plan dated February 27, 2013 and certain revisions dated November 5,2013 to the c Land Development Division for review and approval. Prior to the issuance of a Certificate N of Occupancy, the applicant must install all landscape and irrigation improvements in conformance with the final landscape and irrigation plan. The Landscape Plan may be submitted, and the landscaping may be installed, in `phases' to coincide with any phased C development proposed. Each phase will be considered a `stand alone' improvement and not tied to any other phase of the project. 35. Prior to occupancy of any building within any phase of the project, the developer shall post 06 a bond to guarantee the maintenance and survival of project/each phase of landscaping for N a period of one year. The Developer, one (1) year following landscape installation and o inspection is solely responsible to contact the Land Development Division for inspection of Q. the landscaping and to receive release of any bonding requirements accordingly. a a 36. An easement and covenant shall be executed on behalf of the City to allow the City to enter H 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 o documents shall ensure that, if the property owner or subsequent owner(s) fail to properly c maintain the landscaping, the City will be able to file appropriate liens against the property v 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 E processing costs. The property owner, prior to on-site plan approval, shall execute this easement and covenant unless otherwise allowed by the City Engineer. a u 37. Prior to the issuance of a Building Permit, the applicant shall submit to the Community Development Director for review and approval plans for the screening of all utility equipment. Screening shall not be located in any setback/right-of-way area. Prior to final w inspection, the applicant shall install all required screening. If the transformer cannot be a 5 r Pg Packett361: i 6.B.e TTM 18829, CUP 11-13&DA 12-02 Conditions of Approval Page 6 C" screened, it shall be located in an underground vault unless approved by the Director of N Community Development pursuant to Section 19.30.110. N 4 38. The applicant shall design and construct all public utilities to serve the site in accordance CD with City Code, City Standards and requirements of the serving utility, including gas, co electric,telephone,water, sewer and cable TV. 39. The applicant shall provide each parcel with separate water and sewer facilities. r 40. The applicant shall install backflow preventers for any building with the finished floor a� elevation below the rim elevation of the nearest upstream manhole v_ N C 41. (*) The applicant shall design and construct the `off-site' sewer improvements,Nodes 2147 "CD and 2149 per the Sewer Study for Waterman Gardens dated April 30, 2013 (revised) prior to occupancy of a combined total of 253 units within the project boundary. The location of the sewer segment to be designed and constructed is in N. Sepulveda Avenue south of 51h E Street extending approximately 400 feet connecting to an existing sewer mainline in 4"' °: Street. The existing sewer mainlines may be either upgraded in size (per the study mentioned herein) or a parallel mainline can be installed to achieve the desired increase in o flow capacity. In the event that there are `unforeseen circumstances' uncovered during the N design of the proposed sewer system, the applicant may elect to pay the necessary sewer connection fee amount of$136,000.00 and any occupancy above and beyond 253 units will be subject to the City completing the above improvements. By either designing and 2 Mn constructing the proposed improvements or paying the fee noted herein the Applicant shall have satisfied their obligation for the entire development as submitted under this CUP W application. 06 T 42. The applicant shall place all utility services shall underground and provide easements as N required. c L a 43. The applicant shall place the existing overhead utilities with contiguous frontage to a Baseline Street and Olive Street or traversing the site on the project side of the street o underground in accordance with San Bernardino Development Code Section 19.20.030. N c Existing overhead utilities contiguous to Baseline Street and Olive Street on the opposite side of the street are not required to be placed underground. c U 44. The applicant shall process a Tract Map for this project. The applicant is directed to the v City's web page at www.sbcity.org- Departments - Public Works Submittal Requirements = for submittal requirements. E 45. The applicant must submit a Final Map based upon field survey prepared by a Licensed a Land Surveyor or a Registered Civil Engineer who may also practice surveying, and must record the Final Map and the project's Conditions, Covenants and Restrictions (CC&Rs) prior to the issuance of a Certificate of Occupancy. 46. Street, sewer, drainage improvement, traffic signals, for the entire project shall be a completed, subject to the approval of the City Engineer, prior to the Map recordation. The 6 Packe#Pg: TTM 18829, CUP 11-13&DA 12-02 Conditions of Approval Page 7 proposed project may be recorded on a phased basis, therefore it is possible that N improvements will be phased accordingly. 47. If the required improvements are not proposed to be completed prior to recordation of the Final Map, a deferred improvement agreement in accordance with Section 19.30.160 of the co Development Code will be required. If the agreement is approved, an improvement certificate shall be placed on the Final Map, stating that the required improvements will be completed upon development. M a 48. The applicant shall pay the Street Light Energy Fee to pay the cost of street light energy on D public streets, not including private roadways, for a period of four years. The exact amount v shall be determined and shall become payable prior to map recordation. a� 49. For the streets listed below, prior to the issuance of a Certificate of Occupancy, the applicant must dedicate the street right-of-way (R.W.) to provide the distance from street centerline to property line and placement of the curb line (C.L.) in relation to the street E L centerline shall be as follows: S 0 STREET NAME RIGHT-OF-WAY(FT.) CURB LINE(FT.) T Baseline Street 100 feet 32 feet ° .N d Olive Avenue 60 feet 20 feet Waterman Avenue 110 feet 43 feet 00 P N t6 ° L CL CL 50. La Junita Street is currently a private street and shall remain private until acceptance by a action of the City. Dedication of an easement for street and highway purposes along this ° N street will require specific approval of the Mayor and Common Council. If approved by the c Mayor and Common Council, the street shall be improved to current City street standards with a dedicated right-of--way that is 50 feet wide. The paved surface between curbs shall o be 36 feet wide. The applicant shall design and construct all curbs, gutters, paving, v sidewalks, drainage and street lights to City standards for the entire dedicated length prior v to acceptance by the City. s 51. The applicant shall construct an eight-inch curb and gutter per City Standard No. 200 contiguous to the site. The applicant shall also widen the pavement contiguous to the site to Q match the new curb and gutter and shall construct approach and departure transitions for traffic safety and drainage as approved by the City Engineer. E 52. The applicant shall construct sidewalk contiguous to the site in accordance with City .2 Standard No. 202; Case "A" (six feet wide contiguous to curb) along Baseline Street, and 7 „Packet Pg 363 TTM 18829, CUP 11-13&DA 12-02 Conditions of Approval Page 8 the west side of La Junita Street. The applicant shall construct a sidewalk along Olive o Street with a reduced to five-foot width contiguous to curb where required. 9 CM a 53. If the existing sidewalk and/or curb and gutter contiguous to the site on Waterman Avenue are in poor condition, the applicant shall remove and reconstruct the sidewalk and/or curb co and gutter to City Standards. The curb and gutter shall conforin to Standard No. 200, Type "B" and sidewalk shall conform to Standard No. 202, Case "A" (six feet wide contiguous to � curb),unless otherwise approved by the City Engineer. M T r 54. At all curb returns within and contiguous to the project site, the applicant shall construct a accessible curb ramps in accordance with Caltrans Standards to comply with current ADA accessibility requirements. The applicant shall dedicate sufficient right-of way at the comer = to accommodate the ramp on Olive Street and Waterman Avenue, Olive Street and La Junta Street, and Baseline Street and La Junita Street. c 55. The applicant shall construct the driveway approaches per City Standard No. 203. The E applicant shall remove all existing driveway approaches that are not part of the approved plan and replace with full height curb and gutter and sidewalk. 3: 0 56. The applicant shall design the curb bulb out returns at the following intersections of Olive c Street and Waterman Avenue, Olive and La Junita Streets, and La Junita and Baseline ^ Streets to meet the minimum turning path for bus design vehicles. A 42-foot turning radius as referenced in the AASHTO-Geometric Design of Highways and Streets shall be g designed and constructed by the applicant. The radii of the curb returns may be less than 42 feet when the traveled path accommodates bus design vehicles. a 57. Reverse angle parking shall be designed and constructed by the applicant at the southern o0 location of the project from west side of Olive Street to Waterman Avenue. The parking N design shall be approved and accepted by the City Engineer. o 2 Q 58. The applicant shall install Street Lights contiguous to the site on Baseline Street in a accordance with City Standard Nos. SL-I and SL-2, Also, the applicant shall submit a o separate light plan in accordance with the City of San Bernardino Street Lighting Design c Policies. c 59. If the project is to be developed in phases, the applicant shall design each individual phase c°a to provide maximum public safety, convenience for public service vehicles, and proper traffic circulation. In order to meet this requirement, the following will be required prior to the finalization of any phase: E a) Improvement plans for the total project or sufficient plans beyond the phase Q boundary to verify the feasibility of the design shall be complete to the satisfaction of the City Engineer; b) A Phasing Plan shall be submitted for review and approval by the Engineering Division, Fire, and Planning Departments, indicating what improvements will be .2 constructed at each given phase; a 8 Packetf Pg:364; I 4 TTM 18829, CUP I1-13 &DA 12-02 Conditions of Approval Page 9 C) Street improvements shall be completed beyond the phase boundaries, as o necessary to provide secondary access from the development; d) Drainage facilities, such as storm drains, channels, earth berms and block walls, o shall be constructed, as necessary, to protect the development from off-site flows C" on La Junita Street; co co e) Easements for any of the above and the installation of necessary utilities shall be completed prior to map recordation; f) Phase boundaries shall correspond to the lot lines shown on the approved tentative r map. a M 60. The applicant shall submit a complete package for plan checking,which shall consist of. v a) Street improvement plans (may include street lights or street lighting may be separate plan); b) Sewer plans (private sewers may be shown on on-site improvement plan; public sewers must be on a separate plan with profile); E C) Storm drain plans (private storm drains may be shown on on-site improvement ; plans; public storm drains must be on a separate plan with profile); d) Traffic signal plans and/or traffic signal modification plans; e) Signing and striping plan(may be on sheets included in street Improvement plan); N f) Lighting (on-site lighting may be included in on-site improvement plan or may be on a separate stand-alone plan); _ g) Grading(may be incorporated with on-site improvement plan); °- N h) On-site landscaping and irrigation plan; Ii) Landscaping and irrigation in the Landscape and Lighting Maintenance District plan; and j) Other plans as required. Piecemeal submittal of various types of plans for the same project will not be allowed. All required supporting calculations, studies C� and reports must be included in the initial submittal (including but not limited to 'o drainage studies, soils reports, structural calculations). Q. a 61. The rough grading plan may be designed and submitted in combination with the precise 0 grading plan. c 62. The applicant shall submit an off-site improvement plan to the Land Development Division o for review and approval. All off-site improvement plans submitted for plan check shall be 0 prepared on the City's standard 24" x 36" sheets. A signature block satisfactory to the City v Engineer or his designee shall be provided. E 63. After completion of plan checking, final mylar drawings, stamped and signed by the Registered Civil Engineer in charge, shall be submitted by the applicant to the City Engineer for approval. Copies of the City's design policies and procedures and standard drawings are available at the Public Works Counter for the cost of reproduction. They are E also available at no charge at the Public Works Web Site at http://www.sbcily.org. 64. The applicant must submit electronic files of the Tract map to the City Engineer. The files a must be compatible with AutoCAD 2000, and include a .DXF file of the project. Files 9 Packet p j.365 TTM 18829, CUP 11-13&DA 12-02 Conditions of Approval Page 10 shall be on a CD and shall be submitted at the same time the final Mylar drawings are 0 submitted for approval. Q 65. The applicant shall be responsible for obtaining the following Engineering Permits: o°, Grading Permit; Construction Permit for on-site improvements, including landscaping; and 00 Construction Permit for off-site improvements. 66. All plan check, permit, inspection, and impact fees are outlined on the Public Works Fee r Schedule. A deposit in the amount of 100% of the estimated checking fee for each set of plans will be required at time of application for plan check. The amount of the fee is subject to adjustment if the construction cost estimate varies more than 10% from the v estimate submitted with the application for plan checking. The above payment of fees is subject to a Development Agreement (DA) and therefore may differ from current and/or (D future fee schedules utilized by the City. The current fee schedule is available at the Public Works Counter and at http://www.sbcity.org. E 67. The Traffic Study prepared by FEHR & PEERS and Associates dated July 2012 has been 0 reviewed and accepted. All identified traffic mitigation measures shall be implemented at the developer's expense. o 68. The applicant shall align the intersection of Alder Street and Baseline Street to the entrance of the Stater Brothers Shopping Center. The intersection shall be signalized and pedestrian facilities shall be provided. This new traffic signal shall be interconnected with the existing g traffic signals at Waterman Avenue. No uncontrolled, marked pedestrian crosswalks shall be allowed on Baseline Street. 69. The intersection of Waterman Avenue and Olive Street shall be signalized and pedestrian o0 facilities shall be provided. These new traffic signals shall be interconnected with the �+ existing traffic signal at Baseline Street. No uncontrolled, marked pedestrian crosswalks 'o shall be allowed on Waterman Avenue. Other proposed improvements include: a CL a a) Baseline/Crestview intersection signals and crosswalk. The new south side of o Crestview is to be aligned with the existing north side of Crestview. c b) Mid-block pedestrian crossing and half-signal at Waterman between 11"' Street .0 and Orange Street. o U 70. On-site landscaping (private areas) shall be installed by the applicant and accepted prior to release of gas utility and prior to final inspection. This condition may be implemented on a = a� `per phase' basis. E 71. The streets within any phase of the subdivision shall be base paved (0.10 foot low) prior to a delivery of construction materials to the site. a, 72. Prior to final inspection of the last three homes in the tract (or phase), the final lift of pavement shall be installed. w a 10 Packet Pg.,366:,, i Ii TTM 18829, CUP 11-13 &DA 12-02 Conditions of Approval Page 11 73. Prior to final inspection and release of the last three homes in the tract (or phase), the 9 o pavement on the streets contiguous to the tract shall be rehabilitated. The method and extent of rehabilitation shall be determined at time of final inspection by the City Engineer. Q 0 74. Applicant shall prepare a Network Hydraulic Analysis per Uniform Design Standards prior 00 to issuance of Building Permits. All hydrants/water systems shall be designed to provide 20 psi rP.6fillal flow at 1P.g171YP.(j fl"e flows. A Developer installed Agreement is require-.lj prior to on-site water main extensions. "> T r 75. Prior to issuance of an Occupancy Permit, the applicant shall install a R.P.P. backflow n. device at the service connection for domestic service. v_ N _ 76. Prior to issuance of an Occupancy Permit, the applicant shall install a double check a backflow device at the service connection for Fire and irrigation. The backflow device shall be inspected before water service is activated. E 77. The project is subject to Recalculation of the Sewer Capacity Fee and payment of the fee prior to the issuance of a Building Permit. The Recalculation shall be based on the agreed upon rates per the Development Agreement. c M 78. Prior to issuance of a building permit, the applicant shall submit to the Building and Safety Division for review and approval building plans and site plans that conform to the California Building Codes in effect at the time of plan submittal. This shall include the g A California Green Building Code. 79. The applicant must use the three-second gust factor when preparing construction plans since the project is located in a 95 mph, Exp C wind load area. 0D N 80. Prior to issuance of a building permit, the applicant shall submit to the Building and Safety c Division for review and approval plans that conform to the Title 24 Disabled Access and Q ADA requirements in place at the time of Building Permit plan submittal. a 0 N _ " M Modified by Planning Commission on December 11, 2013. ° c 0 U End of Conditions of Approval - v c d E 0 w Q r d E t R w Q 11 Packet Pg 367 Table of Contents MITIGATION MONITORING a PROGRAM FOR: o CD N 00 00 WATERMAN GARDENS 'M F- MASTER PLAN M a D SCH NO. 2013031061 c as ' L V E L d r M Cn O Q. d O r_ r- 0 C O c0 01 prepared for: CITY OF SAN r BERNARDINO w E Cif a Avow L%a-pLg Pjnojec Ma-age 4- E prepared by: w a THE PLANNING CENTERIDC&E Waterman Gardens Master Plan Mitigation Monitoring Program Page i Packet Pg. 368 Table of Contents 13rovk,e--Pelewo- a S A ecor o N co co T- 5. H JUNE 2013 c i r r a c m R C7 c m E ca 0 M N O d c 'C O O c O m C Gf E t V R a w d E w w a Page ii •The Planning CenterjDC&E June 2013 Packet P,0, 369 Table of Contents MITIGATION MONITORING 04 PROGRAIitI r FOR: o CD N 00 co WATERMAN GARDENS MASTER PLAN c� a D SCH NO. 2013031061 c a� L V cu E L � a M L' O Q d G 'C O C O C O t6 2 prepared for: a. CITY OF SAN r BERNARDINO E R 300 Nos�G� "D"Sfre�l Gf: Q Sary�3e�Hayd o; GA 9,2418 Arvw LuLrtg a TeG 909.384.-057 • Faxi 909.384.5086 P�Pjer /l'la�agey E s prepared by: t0 a THE PLANNING CENTERIDC&E Waterman Gardens Master Plan Mitigation Monitoring Program Page iii -Packet Pg:370 Table of Contents 501 141e;pl- c Sa-,Page-, CA 9,2101 1-3ro¢k,,PefnrAvv Q TeG 619.400.4 9,26 Seov ASSN rn E-vim a r G r wfo��� v com co co M r a. Section Page U 1. INTRODUCTION..............................................................................................................................1 c a� 1.1 PURPOSE OF MITIGATION MONITORING PROGRAM.........................................1 1.2 PROJECT SUMMARY............................................................................................................1 c 1.3 ENVIRONMENTAL IMPACTS.............................................................................................(o E a� 2. MITIGATION MONITORING PROCESS.........................................................................................8 m 2.1 MITIGATION MONITORING PROGRAM ORGANIZATION...................................8 0 2.2 LEAD AGENCY.........................................................................................................................8 N 2.3 MITIGATION MONITORING TEAM..................................................................................8 1= 2.4 RECOGNIZED EXPERTS.....................................................................................................8 0. m 2.5 RESOLUTION.............................................................................................................................9 w CD 2.6 ENFORCEMENT.......................................................................................................................9 2 0 3. MITIGATION MONITORING REQUIREMENTS............................................................................10 c 0 3.1 PREMITIGATION MEETING............................................................................................10 c 3.2 CATEGORIZED MITIGATION MEASURES/MATRIX...........................................10 0 3.3 IN-FIELD MONITORING....................................................................................................10 a� 3.4 COORDINATION WITH CONTRACTORS...................................................................10 3.5' LONG-TERM MONITORING............................................................................................10 0 4. MITIGATION MONITORING REPORTS.......................................................................................23 4.1 FIELD CHECK REPORT....................................................................................................23 v ca 4.2 IMPLEMENTATION COMPLIANCE REPORT..........................................................23 Q 5. COMMUNITY INVOLVEMENT......................................................................................................25 6. REPORT PREPARATION .............................................................................................................27 E t (0.1 LIST OF PREPARERS 27 co Q Page iv •The Planning CenterlDC&E June 2013 Packet Pg,37t i AOwk Table of Contents N O N r a List of Tables as CV 00 Table Page H f- Taktd 3-1 M bti,ga4i cv-,Mo-vwM-ri, g Re q i wrew�f w .......................................................................1z a a� L ca c� c �a E L d Y 0 O a O _ 'C O r C O _ O O e ❑ �.r _ d E CD V t4 w. a _ E t r w a Waterman Gardens Master Plan Mitigation Monitoring Program Page v Packet Pg.372 Table of Contents -rh-iy page- ' lift b&-mZ N .9, N � Q O iv 00 co r t � H F- a. i v N C ft3 T,r L V L d r R I 0 M N r L O d C O r a O C O r Rf 01 r C d t V R r r Q E s u O r r Q I Page vi •The Planning CenterjDC&E June 2013 Packet V 373 N I Introduction N a 0 1.1 PURPOcC nc neinGnrinnl nen lrnornlG PROGRAM °? w 00 This Mitigation Monitoring Program has been developed to provide a vehicle by which to monitor mitigation measures and conditions of approval outlined in the Waterman Gardens Master Plan Mitigated Negative Declaration (MND), State Clearinghouse No. 2013031061. The Mitigation Monitoring Program has been prepared in conformance with Section 21081.6 of the Public Resources Code, Section 15097 of the CEQA Guidelines,and City of San Bernardino Monitoring Requirements. Section 21081.6 states: U (a) When making findings required by paragraph (1) of subdivision (a) of Section 21081 or y when adopting a mitigated negative declaration pursuant to paragraph (2) of subdivision (c) of Section 21080,the following requirements shall apply: L r (a (1) The public agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate E or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation.For those changes which have been required or incorporated into the project at the request of a responsible agency or a public agency having jurisdiction by law over Cn �✓ natural resources affected by the project, that agency shall, if so requested by the �� N lead or responsible agency,prepare and submit a proposed reporting or monitoring O program. o. a� (2) The lead agency shall specify the location and custodian of the documents or other c material which constitute the record of proceedings upon which its decision is a based. "= 0 1.2 PROJECT SUMMARY c 0 w 1.2.1 Project Location a� Y The proposed project is located within the City of San Bernardino. The project site is located at the southeastern corner of Baseline Street and N. Waterman Avenue and stretches from north-south from Baseline Street to Olive Street, and east-west from La Junita Street to N. Waterman Avenue. N.Waterman Avenue and Baseline Street are both major arterials that connect the site to Interstates 210 and 215. E 1.2.2 Existing Conditions U The project site is developed with an existing 252-residential unit Waterman Gardens Public Housing project Q and accessory buildings on 38 acres at the southeast corner of the intersection of.N. Waterman Avenue and a) 0 Baseline Street in the City of San Bernardino.These buildings were constructed between the 1940s and 1950s. E U 1.2.3 Project Description a The proposed project would demolish the existing 252-residential unit Waterman Gardens Public Housing project and construct new residential units, a community center, and other community service-oriented uses Waterman Gardens Master Plan Mitigation Monitoring Program Page 1 Packet Pg. 374 1. Introduction at the same location. The new structures would include up to 411 new dwelling units including 337 apartment and townhouse units with a mix of one to four bedrooms and 73 affordable senior housing units. cv Specifically,the project would include 73 senior citizen residential units,and 57 one-bedroom units, 137 two- bedroom units, 133 three-bedroom units,and 11 four-bedroom units. The overall residential density of the Q site would be 10.8 dwelling units per acre. In addition to the new dwelling units,the project would include a 0 45,800-square-foot Recreational Center, 58,200-square-foot Community Center, 7,400-square-foot M Administration Building, and 18,400-square-foot (re-habilitated) Existing Central Shop, Maintenance 00 Building,Recycling yard and Community Garden Building. A Conditional Use Permit would be required for the Density Bonus Agreement, Day Care Center, Social Service Uses/Recreation Center, and Development Plan. r T r The project will be subdivided into nine separate parcels as follows: v ♦ Parcel l: Residential buildings (38 dwelling units,2.54 acres, 14.96 du/ac) ♦ Parcel 2: Community and Recreational Centers (0 dwelling units,5.12 acres) ♦ Parcel 3:Senior Housing Buildings (73 dwelling units,4.12 acres,17.96 du/ac) ♦ Parcel 4: Existing Central Shop,Maintenance Building,Recycling Yard,and Community Garden Building(0 dwelling units, 1.67 acres) E ♦ Parcel 5: Administration Building(0 dwelling units,0.54 acres) ♦ Parcel 6: Residential buildings (75 units,5.64 acres, 13.30 du/ac) ♦ Parcel 7:Residential Buildings (76 dwelling units,5.15 acres,14.76 du/ac) c ♦ Parcel 8: Residential Buildings (79 dwelling units,5.76 acres, 13.72 du/ac) N ♦ Parcel 9:Residential Buildings (69 units,6.40 acres, 10.78 du/ac) 0 ai c 0 C 0 C 0 t. rn c m E U R w Q C a) E S U f6 w w Q Page 2 •The Planning CenterlDC&E June 2013 Packet Pg. 375 6.B.f 1. Introduction The structures would have variable setbacks from N.Waterman Avenue,Baseline Street,La Junita Street,and Olive Street. There would be six vehicular access points to and from the project site: two along Olive Street 9 located towards the west and east end respectively; one located mid-block on La Junita Street, two along Q Baseline Street located mid-block and towards the east end respectively;and one located mid-block at Orange Street along N.Waterman Avenue. Additional pedestrian and bicycle access would be located throughout the CN project and traffic calming measures would be implemented on N. Waterman Avenue, Baseline Street, and co Olive Street. The proposed project would include many on-site recreation amenities, including the 45,800- square-foot recreational facility and natatorium, pedestrian-only greenways, walking paths, and three h neighborhood parks with playing fields and picnic areas. A total of 1,070 spaces would be provided on site, including 898 off-street parking spaces and 172 on-street parking spaces. a c� Based on the 2010 U.S. Census 2010 data,the project site currently houses 844 people,which is equivalent to 3.35 persons per dwelling unit. Using this same population density, the proposed project would have a population of 1,377 or an increase of 533 persons. Since the proposed project will result in the demolition of "D existing residential structures, these residents will need to be relocated. As described in the Relocation Plan, provided in Appendix L,sufficient replacement housing is available in the area surrounding the project site to house all displaced residents of Waterman Gardens. The Housing Authority of the County of San E Bernardino(HACSB)will provide relocation assistance and other services as described in the Relocation Plan. There are three phasing alternatives proposed for the project. The land owner shall submit the final proposed phasing plan prior to issuance of first building permit. N Under Phasing-Option A,the project would be phased as follows: ° m ♦ Phase-1A would include demolition of existing structures in the southwest corner of the property and construction of the Recreation Center and Community Center. A total of 50 c dwelling units would be removed during this phase. w ♦ Phase-1B would include the improvements to the public roadway surrounding the project site 0 including the traffic calming measures traffic signals along the western portion of Olive Street. 0 ♦ Phase-1C would include the improvements to the public roadway surrounding the project site a including the traffic calming measures including center medians and traffic signals along .2) Waterman Avenue. ♦ Phase-2A would include demolition of existing structures and construction of new structures in Y the interior of the site. A total of 38 units would be removed and 75 units and the a� Administration Building would be created during this phase. E ♦ Phase-2B would include demolition of existing structures and construction of new structures in r the interior of the site. A total of 38 units would be removed and 76 units would be created Q during this phase. CD ♦ Phase-3A would include demolition of existing structures and construction of new structures in Ee the northwest corner of the site. A total of 18 units would be removed and 73 units would be created during this phase. Q Waterman Gardens Master Plan Mitigation Monitoring Program Page 3 Packet Pg.;376 1. Introduction I ♦ Phase-3B would include demolition of existing structures and construction of new structures in the northeast portion of the site. A total of 48 units would be removed and 79 units would be created during this phase. N ♦ Phase-3C would include the improvements to the public roadway adjacent the project site p inrIncl_ing the traffic calming mensiires including center medians and traffic signals along Baseline r Street. 0000 Phase-4A would include rehabilitation of the Existing Central Shop, Maintenance Building, IRecycling Yard,and Community Garden Building during this phase. CO) r ♦ Phase-4B would include the improvements to the public roadway surrounding the project site r r including the traffic calming measures including traffic signals along La Junita Street. a D 0 ♦ Phase-5A would include demolition of existing structures and construction of new structures along the south edge of the site along Olive Street. A total of 14 units would be removed and 38 r_ units would be created during this phase. CU ♦ Phase-5B would include demolition of existing structures and construction of new structures in the southeast corner of the site. A total of 40 units would be removed and 69 units would be created during this phase. E a) ♦ Phase-5C would include the improvements to the public roadway adjacent the project site including traffic calming measures including traffic signals along the eastern portion of Olive 0 Street. M rn N Under Phasing-Option B,the project would be phased as follows: o CL ♦ Phase-1A would include demolition of existing structures and construction of new structures in the interior of the site. A total of 38 units would be removed and 75 units and the Administration Building would be created during this phase. o r ♦ Phase-1B would include demolition of existing structures and construction of new structures in o the interior of the site. A total of 38 units would be removed and 76 units would be created 2 during this phase. p ♦ Phase-2A would include demolition of existing structures and construction of new structures in M the northwest corner of the site. A total of 18 units would be removed and 73 units would be created during this phase. 0 ♦ Phase-2B would include demolition of existing structures and construction of new structures in c the northeast portion of the site. A total of 48 units would be removed and 79 units would be E created during this phase. R ♦ Phase-2C would include the improvements to the public roadway adjacent the project site Q including the traffic calming measures including center medians and traffic signals along Baseline Street. m E ♦ Phase-3A would include rehabilitation of the Existing Central Shop, Maintenance Building, Recycling Yard,and Community Garden Building during this phase. Q ♦ Phase-3B would include the improvements to the public roadway surrounding the project site including the traffic calming measures including traffic signals along La Junita Street. Page 4 •The Planning CenterlDC&E June 2013 Packet Pg.377 1. Introduction ♦ Phase-4A would include demolition of existing structures and construction of new structures along the south edge of the site along Olive Street. A total of 14 units would be removed and 38 N units would be created during this phase. N ♦ Phase-4B would include demolition of existing structures and construction of new structures in p the southeast corner of the site. A total of 40 units would be removed and 69 units would be Cv created during this phase. 0000 T ♦ Phase-4C would include the improvements to the public roadway adjacent the project site including traffic calming measures including traffic signals along the eastern portion of Olive Street. T T ♦ Phase-5A would include demolition of existing structures in the southwest corner of the 0- property and construction of the Recreation Center and Community Center. A total of 50 v dwelling units would be removed during this phase. ♦ Phase-5B would include the improvements to the public roadway surrounding the project site including the traffic calming measures including traffic signals along the western portion of Olive Street. ca ♦ Phase-5C would include the improvements to the public roadway surrounding the project site EEi including the traffic calming measures including center medians and traffic signals along Waterman Avenue. � o ' M Under Phasing-Option C,the project would be phased as follows: �� N ♦ Phase-1A would include demolition of existing structures and construction of new structures in a the northwest corner of the site. A total of 18 units would be removed and 73 units would be a) created during this phase. i ♦ Phase-1B would include the improvements to the public roadway surrounding the project site 0 including the traffic calming measures including center medians and traffic signals along Waterman Avenue. 0 a ♦ Phase-2A would include demolition of existing structures and construction of new structures in o the interior of the site. A total of 38 units would be removed and 75 units and the c Administration Building would be created during this phase. w- ♦ Phase-2B would include demolition of existing structures and construction of new structures in o the interior of the site. A total of 38 units would be removed and 76 units would be created �. during this phase. a) m E ♦ Phase-3A would include demolition of existing structures and construction of new structures in U the northeast portion of the site. A total of 48 units would be removed and 79 units would be Q created during this phase. .. c ♦ Phase-3B would include rehabilitation of the Existing Central Shop, Maintenance Building, 0' E Recycling Yard,and Community Garden Building during this phase. CU ♦ Phase-3C would include the improvements to the public roadway surrounding the project site Q including the traffic calming measures including center medians and traffic signals along La Junita Street. Waterman Gardens Master Plan Mitigation Monitoring Program Page S Packet Pg. 378 6.B.f 1. Introduction ♦ Phase-3D would include the improvements to the public roadway adjacent the project site including the traffic calming measures including center medians and traffic signals along Baseline Street. cv ♦ Phase-4A would include demolition of existing structures and construction of new structures in p the southeast corner of the site. A total of 40 units would be removed and 69 units would be 2 created during this phase. ♦ Phase-4B would include demolition of existing structures and construction of new structures H along the south edge of the site along Olive Street. A total of 14 units would be removed and 38 M units would be created during this phase. ♦ Phase-4C would include the improvements to the public roadway adjacent the project site a- D including traffic calming measures including traffic signals along the eastern portion of Olive U Street. cn _ ♦ Phase-5A would include demolition of existing structures in the southwest corner of the L property and construction of the Recreation Center and Community Center. A total of 50 dwelling units would be removed during this phase. ♦ Phase-5B would include the improvements to the public roadway surrounding the project site d including the traffic calming measures including traffic signals along the western portion of Olive Street. Based on available funding,Phase 1 of the final phasing plan would begin in 2013 and last approximately two years. Phase 2 would begin in 2015 and last approximately three to four years. Phase 3 would begin in 2018 t! and last approximately two to three years. Phase 4 would begin in 2020 and last just over two years. Phase 5 0a would begin in 2022 and last just over two years. The existing project site is currently developed; therefore, W demolition activity would occur during the start of each construction phase. The phases would overlap to some extent such that demolition for the upcoming phase would occur during the final months of 0 construction from the preceding phase. `= 0 c 1.3 ENVIRONMENTAL IMPACTS g LM The City of San Bernardino, a Designated Local Authority, the lead agency under the California Environmental Quality Act (CEQA) for the proposed project, prepared an initial study for the proposed project and determined that the proposed project would satisfy CEQA with the preparation of a Mitigated Negative Declaration(MND).Pursuant to Section 15070 of the CEQA Guidelines,the initial study identified potentially significant environmental effects, but revisions to the project would avoid the effects or mitigate E the effects to a point where clearly no significant effects would occur.The initial study included analysis of 17 0 environmental resource areas and provided a conclusion of"No Impact,""Less Than Significant Impact,"or "Less Than Significant With Mitigation Incorporated."The initial study did not identify any project impacts Q as potentially significant.Therefore,City of San Bernardino prepared an MND for the proposed project. 1.3.1 Impacts Considered No Impact or Less Than Significant The project was found to have no environmental impact or less than significant impacts to the following Q environmental areas: ♦ Aesthetics Page 6 •The Planning CenterlDC&E June 2013 Packet Pg.379 1. Introduction ♦ Agriculture and Forestry Resources ♦ Air Quality o ♦ Biological Resources N ♦ Hydrology and Water Quality 0 ♦ Land Use and Planning ♦ Mineral Resources 0000 ♦ Population and Housing a ♦ Public Services M ♦ Recreation r ♦ Utilities and Service Systems d 1.3.2 Potentially Significant Adverse Impacts That Can Be Mitigated, Avoided, or Substantially v Lessened v, c m .a Environmental impacts on the following study areas would be potentially significant, unless mitigation a measures are imposed. c CO ♦ Cultural Resources E ♦ Geology and Soils ♦ Greenhouse Gas Emissions ♦ Hazards and Hazardous Materials ♦ Noise ♦ Transportation and Traffic � 0 a m I � c 0 .r 0 c 0 0 2 w 0 c e N E .0 V to w Q C d E t U R r a Waterman Gardens Master Plan Mitigation Monitoring Program Page 7 r Packet Pg 380 2 Mitigation Monitoring Process _-- - a 0 2.1 MITIGATION MONITORING PROGRAM ORGANIZATION o> �i 0 I Overall mitigation monitoring and management is the responsibility of the lead agency. The lead agency's °r° technical consultants (CEQA consultant, project engineer, noise consultant, archeologist, paleontologist, traffic consultant, site remediation experts, etc.) may perform related monitoring tasks under the direction of M the environmental monitor(if they are contracted by City of San Bernardino). r T f I2.2 LEAD AGENCY v The Housing Authority of the County of San Bernardino, is the public agency that initiated the proposed = project. The City of San Bernardino however,will have the principal responsibility for approving the project and will serve as the lead agency for the proposed project (CEQA Guidelines Section 15367). The City of San Bernardino will would also serve as the lead agency for the purposes of any further environmental review that must be completed for further actions associated with the project. The City of San Bernardino has the responsibility for implementing the Mitigation Monitoring Program. E 2.3 MITIGATION MONITORING TEAM 0 The mitigation monitoring team, consisting of the environmental monitor manager and technical N subconsultants (CEQA consultant, project engineer, noise consultant, archeologist, paleontologist, environmental hazards remediation specialist, traffic consultant), is responsible for monitoring the VV o iinplementation/compliance with all adopted mitigation measures and conditions of approval. A major C portion of the team's work is in-field monitoring and compliance report preparation. Implementation W disputes would be brought to the City of San Bernardino Project Manager. C 0 The following summarizes key positions in the mitigation monitoring program and their respective functions: o Monitoring Team c • Technical Advisors: Responsible for monitoring in respective areas of expertise (CEQA consultant, � project engineer, noise consultant, archeologist, paleontologist, environmental hazards remediation M specialist,and traffic consultant). Report directly to the environmental monitor. D • City of San Bernardino Project Manager: Responsible for report review and dispute resolution. t • Monitoring Program Manager: Responsible for coordination of mitigation monitoring team, technical consultants, and report preparation. Responsible for overall program administration and Q document/report clearinghouse. d 2.4 RECOGNIZED EXPERTS s The use of recognized experts on the monitoring team is required to ensure compliance with scientific and Q engineering mitigation measures. While the mitigation monitoring team's recognized experts assess compliance with required mitigation measures,recognized experts from responsible agencies consult with the • City of San Bernardino Project Manager regarding disputes. Waterman Gardens Master Plan Mitigation Monitoring Program Page 8 VPacket Pg. 38,1 • 2. Mitigation Monitoring Process 2.5 RESOLUTION N In the event that the mitigation monitor identifies a mitigation measure that, in the opinion of the monitor, has not been implemented or has not been implemented correctly, the problem will be brought before the Q City of San Bernardino for resolution. The decision of the City of San Bernardino is final unless appealed to 0 the c,.n Bernardino C-•- r,,uulc;t `rho Croy Coun 't l h the tt,,,t;tr,to ; work orders until the S u.� ,��.�u..o ..�y �u..�u. .. y cu wi..have uuu. y .slue step w�� ct co dispute is resolved. 00 2.6 ENFORCEMENT ~ M Agencies may enforce conditions of approval through their existing police power, using stop work orders, r fines,infraction citations,or in some cases,notice of violation for tax purposes. a. c m L V R E L T O LL O i3? C L O Y O C O cam_ C qqC Y r E U W .1J Q M d E U r M� Q Waterman Gardens Master Plan Mitigation Monitoring Program Page 9 Packet Pg 382, ', N 3. Mitigation Monitoring Requirements a 0 4 4 DDDAA/TI/`ATNIAI AADDT/Al(` 1 ap 00 A premonitoring meeting will be scheduled to review mitigation measures, implementation requirements, schedule conformance, and mitigation monitoring committee responsibilities. Committee rules are F established,the entire mitigation monitoring program is presented,and any misunderstandings are resolved. 3.2 CATEGORIZED MITIGATION MEASURES/MATRIX a v Project-specific mitigation measures have been categorized in matrix format, as shown in Table 3-1. The matrix identifies the environmental factor, specific mitigation measures, schedule, and responsible monitor. The mitigation matrix will serve as the basis for scheduling the implementation of and compliance with all cs mitigation measures. c 3.3 IN-FIELD MONITORING E Project monitors and technical subconsultants shall exercise caution and professional practices at all times when monitoring implementation of mitigation measures. Protective wear (e.g., hard hat, glasses) shall be worn at all times in construction areas. Injuries shall be immediately reported to the mitigation monitoring ^4 manager. �� N 3.4 COORDINATION WITH CONTRACTORS 0 m The construction manager is responsible for coordination of contractors and for contractor completion of rn required mitigation measures. _ `o r 3.5 LONG-TERM MONITORING c Long-term monitoring related to several mitigation measures will be required, including fire safety o inspections. Post-construction fire inspections are conducted on a routine basis by the San Bernardino Fire Department. D c a) E R r Q w c m E s ns Q Waterman Gardens Master Plan Mitigation Monitoring Program Page 10 Pack-et,Pg..38311 6.B.f 3. Mitigation Monitoring Requirements This page intentionally left blank. N a 0 IN 00 00 r H 1 Cl) r a. 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Specific reports include: H • Fi.�GIB-�rk�Re.�orf- �'- T 1 Re,�OV1-- ta=i 1 4.1 FIELD CHECK REPORT = m a Field check reports are required to record in-field compliance and conditions. c 4.2 IMPLEMENTATION COMPLIANCE REPORT cc The Implementation Compliance Report �C R) is prepared to document the implementation of Mitigation measures on a phased basis, based on the information in Table 3-1. The report summarizes implementation compliance,including mitigation measures,date completed,and monitor's signature. cap N_ O d C O w O C O r t0 r C d E s V N w w Q C d 1_ L V r w Q Waterman Gardens Master Plan Mitigation Monitoring Program Page 23 Packet Pg;396-. i � 6Bf i 4. Mitigation Monitoring Reports N O r Q O Co O F- M r a. v m L Cu c E L a) ca 0 M O O O_ O _ �L O CCO G _ O C33 CY C _ E V W. Q W _ V W Q Page 24 •The Planning CenterlDC&E June 2013 Packet Pg. 397 5. Community Involvement N Monitoring reports are public documents and are available for review by the general public. Discrepancies in Q monitoring reports can be taken to the arbitration committee by the general public. fi 00 00 F M r CL U N C d 'O L 'CU V C E L a CD Y M N O d R' C O Y C O C O w W Y_ Q C d E V Y Y Q Y C a) E V Y Y Q Waterman Gardens Master Plan Mitigation Monitoring Program Page 25 r Packet Pg 398`- . . S. Community Involvement Tlu�y�r-gam rrtiferv�;��.a-CGy Ce�-h�Caw1� N CI r Q 01 co co r F h M r a U N C a� 3 L (9 C ca E L d M v O d C 'C O O E C O N e ❑ r C N t V Q w C d t V f0 Y Q Page 26 •The Planning CenterlDC&.E June 2013 ,-°Packet Pg:399'=' i Q N Q b. Report preparation 6.1 LIST OF PREPARERS 00 The Planning CenterlDC&E c� Brooke Peterson,Senior Associate T a City of San Bernardino, Lead Agency v N Aron Liang,Project Manager L c� 0 c E c� No M O Q. d Q.' C �L O CCO G O Cw G 0 E V R Q w E V i+ Q Waterman Gardens Master Plan Mitigation Monitoring Program Page 27 Packet`Pg.2400 6 Report Preparation T/�rti�ag� Cef l hla.H.1u N O N Q w r M r T a. D U N C O L V {Q L 0 M a) O m O Q' C I- 2 cO G O m 2M 1r G 0 i+ c� G V Q d+ cD G V Y rt+ a Page 28 •The Planning CenterjDC&E June 2013 Packet Pg.401 g 1 ► i ►'1 1 ► 1 ► 1 ► 1 ► 1 ►'► 1 1 N O N_ Q N co O r H H M r r a D v c d L c� r_ R L O M a) N i. w m L m V W d Z S C9 WATERMAN FINAL VOL. l : INITIAL STUDY/MITIGATED NEGATIVE DECLARATION w PREPARED FOR: CITY OF SAN BERNARDINO a w U f0 r+ Q g_Packet Pg7"7 4 6.B.g N O N a N O Co T Cl) T U c a> L co C7 L O Cl) O C O f6 L V 0 Y Q� Z Y W V w a CD E U RS w Q Packet Pg.403 1 6.B.g CITY OF SAN BERNARDINO I FINAL VOL. 1: INITIAL STUDY/MITIGATED NEGATIVE DECLARATION JUNE 2013 O N 0 N Q N co m r" H co M r D U sr INATERMAN s ER PLAN FINAL VOL. 1 : INITIAL STUDY/MITIGATED NEGATIVE DECLARATION CD z M Prepared For v s= CITY OF SAN BERNARDINO U d 0 O R d Z 'O d r a� QTHE Prepared By PLANNING CENTER THE PLANNING CENTER. I DC & E 2� w 501 WEST BROADWAY, SUITE 800 SAN DIEGO, CA 92101 E TEL: 619 295 6203 U FAX: 619 297 2354 CD a E a Packet Pg.404 6.B.g N O O O N p CO T M T U m c m L C9 E L rt+ Cl) O N C O f� L U d Cl a� a� Z m a� C4 w c a� E t U f4 Q w C N t U R Q 6.B.g 3 F 1 N O CITY OF SAN BERNARDINO 04 INITIAL STUDY FOR Q O N 00 m r PROJECT DESCRIPTION/LOCATION: Waterman Gardens Master Plan F M SCH No.2013031061 c U DATE: c a� a June 21,2013 W c PREPARED BY d M The Planning Center I DC&E 501 W.Broadway,Suite 800 Q San Diego CA 92101 N Contact:Brooke Peterson,AICP (619) 295-6203 0 ca L V PREPARED FOR o a� City of San Bernardino 2 Community Development Department 300 North"D" Street Z San Bernardino,CA 92418 y (909) 384-5057 bcA G REVIEWED BY 'S Independently reviewed,analyzed and exercised judgment w in making the determination,by the Development/Environmental Review Committee on pursuant to Section 21082 of the California Environmental Quality Act(CEQA). E .r Q c E .c ca Q PackdtPg 4061 6.B.g N 0 N c� Q 07 N 00 T- N M r a U c m L //R/� V E L �F+ 0 M N C 4 'a+ R L V a) ❑ d Z r as m C'3 W C N E s u cC Q w C d v to Q Packet Pg.407 TABLE OF CONTENTS INITIAL STUDY CHECKLIST.....................................................................................................................................1 N O N ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED.......................................................................10 a 0 ENVIRONMENTAL CHECKLIST AND FINDINGS.........................................................................................11 04 I. ALS 1I1LTI%.S............................................................................................................................................12 T IL AGRICULTURE AND FORESTRY RESOURCES.........................................................................14 E 1 III. AIR QUALITY..........................................................................................................................................16 IV. BIOLOGICAL RESOURCES................................................................................................................28 V. CULTURAL RESOURCES.....................................................................................................................32 VI. GEOLOGY AND SOILS.......................................................................................................................39 0. VII. HAZARDS AND HAZARDOUS MATERIALS...............................................................................47 v VIII. HYDROLOGY AND WATER QUALITY........................................................................................54 n IX. LAND USE AND PLANNING............................................................................................................60 d a X. MINERAL RESOURCES.......................................................................................................................64 XI. NOISE.........................................................................................................................................................67 C5 X11. POPULATION AND HOUSING........................................................................................................90 XIII. PUBLIC SERVICES.................................................................................................................................92 L XIV. RECREATION..........................................................................................................................................96 XV. TRANSPORTATION AND TRAFFIC...............................................................................................97 S a XVI. UTILITIES AND SERVICE SYSTEMS............................................................................................114 c XVII. GREENHOUSE GAS EMISSIONS..................... N XVIII. MANDATORY FINDINGS OF SIGNIFICANCE.......................................................................127 0 ca L Appendices Appendix A—Air Quality Assessment Appendix B—Archaeological Assessment Literature Study Appendix C—Historical Resources Evaluation Appendix D—Engineering Geological Investigation Appendix E—Phase I Environmental Site Assessment Z Appendix F—Noise Assessment D Appendix G—Traffic Impact Analysis Appendix H—Greenhouse Gas Emissions Assessment ._ Appcndix I—Drainage Report Appendix J—Water Quality Management Plan C) Appendix K—Wastewater Management and Flow Analysis Report Appendix L—Relocation Plan w c m E v c� w Y a E w w a PacketPg 408; List of Figures Figure1 Regional Location Map...............................................................................................................................2 Figure2 Project Area...................................................................................................................................................3 Figure3a Project Site Plan............................................................................................................................................5 c Figure 3b Project Phasing Plan Alternatives..............................................................................................................6 e� Figure4 South Coast Air Basin................................................................................................................................17 Figure5 Biological Resource Areas.........................................................................................................................30 Figure 6 Archeological Sensitivities.........................................................................................................................34 � rigure 7 Potendal Subsidence Al lJ....................................................................................................................... t r Figure 8 Liquefaction Susceptibility........................................................................................................................42 Figure 9 San Bernardino International Airport Planning Boundaries...............................................................49 M Figure10 Fire Hazard Areas.......................................................................................................................................50 Figure11 100-Year Flood Plain.................................................................................................................................56 Figure 12 Seven Oaks Dam Inundation...................................................................................................................57 0. Figure 13 General Plan Land Use Ma 61 U Figure 14 Mineral Resource Zones......................................................................................................... _ ................... Figure 15 Existing Roadway Noise Levels...............................................................................................................69 -°ia Figure 16 Future (2013) Roadway Noise Contours—Without Project...............................................................78 Figure 17 Future(2013) Roadway Noise Contours—With Project.....................................................................79 Figure 18 Cumulative Future (2030) Roadway Noise Contours—Without Project.........................................80 Figure 19 Cumulative Future (2030) Roadway Noise Contours—With Project...............................................81 a) Figure 20 Project Location and Study Intersections...............................................................................................99 Figure 21 Existing Lane Configurations and Peak Hour Traffic Volumes.......................................................100 Figure 22 Pending and Approved Projects............................................................................................................102 M Figure 23 Opening Year(2013) plus Project Condition Volumes and Lane Configurations and N PeakHour Traffic Volumes....................................................................................................................106 Figure 24 Future Buildout Year(2033) Plus Project Lane Configurations and Peak Hour o TrafficVolumes........................................................................................................................................109 Figure 25 Traffic Mitigation Measures....................................................................................................................111 v m D m m Z a� cc c7 W as E v a c a� E ca w Q Packet Pg.409 List of Tables Table 1 Attainment Status—South Coast Air Basin(San Bernardino County Portion)...............................18 Table 2 Ambient Air Pollutant Concentrations...................................................................................................20 Table 3 Estimated Construction Emissions.........................................................................................................21 c Table 4 Estimated Operational Emissions Table 5 Comparison of Vehicle Miles Traveled to Population(2022).............................................................23 0 Table 6 Localized Significance Thresholds Analysis...........................................................................................25 Table 7 Maximum Carbon Monoxide Concentrations................................................. .....25 N 00 T 00 Table O Summary of Existing Noise Levels Near the Project Site................................................................... /1 !- Table 9 Estimated Unmitigated Construction Noise Levels.............................................................................73 Table 10 Summary of Future Opening Year(2013) Noise Levels Near the Project Site...............................75 F' M Table 11 Summary of Future Buildout Year(2030) Noise Levels Near the Project Site................................82 Table 12 Summary of Future 2030 Noise Levels for Select On-Site Project Residents.................................84 Table 13 Summary of Future (2030) Mitigated Noise Levels for On-Site Project Residents alongBaseline Street..................................................................................................................................86 U Table 14 Intersection Levels of Service: Existing Conditions...........................................................................101 Table 15 Intersection Levels of Service: Opening Year(2013) No Project....................................................104 Table 16 Project Trip Generation..........................................................................................................................104 c`a Table 17 Intersection Levels of Service: Opening Year(2013)Plus Project..................................................107 Table 18 Impacts for Signalized Intersections: Opening Year(2013) Plus Project.......................................107 Table 19 Intersection Levels of Service: Opening Year(2013) Plus Project..................................................108 L m Table 20 Intersection Levels of Service:Future Buildout Year(2033) Plus Project......................................108 Table 21 Impacts for Signalized Intersections: Future Buildout Year(2033) Plus Project..........................110 Table 22 Greenhouse Gas Emissions in California............................................................................................120 o C Table 23 Estimated Construction Greenhouse Gas Emissions........................................................................122 N Table 24 Estimated Operational Greenhouse Gas Emissions..........................................................................124 Table 25 Mitigated Operational Greenhouse Gas Emissions...........................................................................125 0 c� L U Z W CCr ,G V W E V Q Y E V W Q III Packet Pg 410`.;..! 9 I f N O N N_ M TTc C M T S � 1 r 9 � U d I� V 3� _S O Cl) O C O L) V W Q> W Z d Y CCY_ ,G V W Y y]� Y L w Q U R Y Y Q IV Packet Pg.411 6.B.g INITIAL STUDY CHECKLIST 1. Project Title: Waterman Gardens Master Plan N O 2. Lead Agency Name and Address: 9 City of San Bernardino 300 North"D"Street ° San Bernardino,CA 92418 00 3. Contact Person and Phone Number: Aron Liang,Senior Planner 909-384-5057 co r 4. Project Location: The proposed project is located within the City of San Bernardino, shown on a n regional map in Figure 1. The project site, shown in Figure 2,is located at the southeastern corner of V Baseline Street and N.Waterman Avenue and stretches from north-south from Baseline Street to Olive Street, and east-west from La Junita Street to N. Waterman Avenue. N.Waterman Avenue and Base- line Street are both major arterials that connect the site to Interstates 210 and 215. ro 0 5. Project Sponsor's Name and Address: Housing Authority of the County of San Bernardino 715 East Brier Drive a; San Bernardino,CA 92408 M 6. General Plan Land Use Designation: Residential Medium (RM) M O ' 7. Description of Project: The proposed project, shown in Figure 3,would demolish the existing 252- residential unit Waterman Gardens Public Housing project on 38 acres at the southeast corner of the o intersection of N. Waterman Avenue and Baseline Street in the City of San Bernardino and construct new residential units,a community center,and other community service-oriented uses at the same loca- tion. The new structures would include up to 411 new dwelling units including 337 apartment and o townhouse units with a mix of one to four bedrooms and 73 affordable senior housing units. Specifi- cally, the project would include 73 senior citizen residential units, and 57 one-bedroom units, 137 two- bedroom units, 133 three-bedroom units, and 11 four-bedroom units. The overall residential density of the site would be 10.8 dwelling units per acre. In addition to the new dwelling units, the project z would include a 45,800-square-foot Recreational Center,58,200-square-foot Community Center,7,400- square-foot Administration Building, and 18,400-square-foot (re-habilitated) Existing Central Shop, Maintenance Building, Recycling yard and Community Garden Building. A Conditional Use Permit .2 would be required for the Density Bonus Agreement,Day Care Center,Social Service Uses/Recreation Center,and Development Plan. The project will be subdivided into nine separate parcels as follows: w ♦ Parcel 1: Residential buildings (38 dwelling units,2.54 acres,14.96 du/ac) ♦ Parcel 2: Community and Recreational Centers (0 dwelling units,5.12 acres) ♦ Parcel 3:Senior Housing Buildings (73 dwelling units,4.12 acres, 17.96 du/ac) y ♦ Parcel 4: Existing Central Shop,Maintenance Building,Recycling Yard, and Community Garden Q Building(0 dwelling units, 1.67 acres) ♦ Parcel 5: Administration Building(0 dwelling units,0.54 acres) E ♦ Parcel 6: Residential buildings (75 units, 5.64 acres, 13.30 du/ac) U ♦ Parcel 7:Residential Buildings (76 dwelling units,5.15 acres, 14.76 du/ac) Q ♦ Parcel 8: Residential Buildings (79 dwelling units,5.76 acres,13.72 du/ac) ♦ Parcel 9:Residential Buildings (69 units,6.40 acres, 10.78 du/ac) 1 Packet Pg.412- I CITY OF SAN BERNA WATERMAN GARDENS MASTER PLAN ISIMND T C4 s O 00 Co v � � T Cl) Two r 0. SAN BERNARDINO UQ: r�9A L HIGHLAND C p' /��p L FONTANA PROJECT SITE O M Q7 BLOOMINGTON COLTCN REDL A D c v G LOMA LINDA O GRAND YUCAIPA W" TERRACE m GLEN I d AVON ❑ I d RUBIDOUX MIRA LOMA Z '>3 Cu m RIVERSIDE MORENO VALLEY w c E L) m z Q c n _ CD �VV 0 2 4 Miles E V to Z Q FIGURE I REGIONAL LOCATION MAP Packet Pg.413 -66d(10 I suapaeo ueuaaaieM 0£6Z) uoi;eaeIOaQ OAIIB60N pa;e6iM OM-3 luawyoeljv :;uauayaejjv 0 o N ? F a (D as 4 a. W m � Z e W) .a� A LL 0z e H � g :N "' fl w 3AV 3ONV03dd11 3AV 30N`d03ddi1 _ I Ln -- — �F w Z _LU r d e W a� n g G 6 � 6 9 A N VIN�j31bM N ® -Q � U) f-. r N W W AVM VUU31S N 3A`d OV3HMOa2Id N F- � F- M W Z F w _ U IS = ° Q E °o T y U O O J N ° r, m N Coo,"\ 2 b 1SHN o 0 ci.7l �$ 6.B.g The structures would have variable setbacks from N. Waterman Avenue, Baseline Street, La Junita Street, and Olive Street. There would be six vehicular access points to and from the project site: two along Olive Street located towards the west and east end respectively; one located mid-block on La Junita Street, two along Baseline Street located mid-block and towards the east end respectively; and i CD one located mid-block at Orange Street along N.Waterman Avenue. Additional pedestrian and bicycle C� access would be located throughout the project and traffic calming measures would be implemented on N. Waterman Avenue, Baseline Street, and Olive Street. The proposed project would include many on-site recreation amenities, including the 45,800-square-foot recreational facility and natatorium, pe- Cq destrian-only greenways, walking paths, and three neighborhood parks with playing ficlds and picnic °r° areas. A total of 1,070 spaces would be provided on site, including 898 off-street parking spaces and 172 on-street parking spaces. co r Based on the 2010 U.S.Census 2010 data,the project site currently houses 844 people,which is equiva- a lent to 3.35 persons per dwelling unit. Using this same population density,the proposed project would U have a population of 1,377 or an increase of 533 persons. Since the proposed project will result in the demolition of existing residential structures, these residents will need to be relocated. As described in N L the Relocation Plan, provided in Appendix L, sufficient replacement housing is available in the area -a) surrounding the project site to house all displaced residents of Waterman Gardens. The Housing Au- c`a thority of the County of San Bernardino (HACSB)will provide relocation assistance and other services as described in the Relocation Plan. m There are three phasing alternatives proposed for the project. The land owner shall submit the final proposed phasing plan prior to issuance of first building permit. 0 Under Phasing-Option A,the project would be phased as follows: N _ rn ♦ Phase-1A would include demolition of existing structures in the southwest corner of the proper- o ty and construction of the Recreation Center and Community Center. A total of 50 dwelling units would be removed during this phase. ♦ Phase-1B would include the improvements to the public roadway surrounding the project site 0 including the traffic calming measures traffic signals along the western portion of Olive Street. > ♦ Phase-1C would include the improvements to the public roadway surrounding the project site a� including the traffic calming measures including center medians and traffic signals along Water- z man Avenue. a� ♦ Phase-2A would include demolition of existing structures and construction of new structures in a) the interior of the site. A total of 38 units would be removed and 75 units and the Administra- tion Building would be created during this phase. Z ♦ Phase-2B would include demolition of existing structures and construction of new structures in the interior of the site. A total of 38 units would be removed and 76 units would be created dur- w ing this phase. E ♦ Phase-3A would include demolition of existing structures and construction of new structures in the northwest corner of the site. A total of 18 units would be removed and 73 units would be created during this phase. Q c ♦ Phase-3B would include demolition of existing structures and construction of new structures in the northeast portion of the site. A total of 48 units would be removed and 79 units would be U created during this phase. (NOW, w Q 4 Packet Pg.415 1 r !I P I�nm)r m�! m m•`;m �*■ ■Rfln �� �Ou �y] ��1�n�I�n���n[ tve►y► ��.. f`.1lplfl I>l0U 1fr°-r11 ,M� 1'ra4lpQ e ' ) I�•�i ,� gm IF �„ r �' i'1L ► II �.�!J ��«��'J� a� III dig o ^,�iti4p`��,�a�l >1�It'► �► hL_M FA 1 Gnu 1ra*rw�f�>P�� �/�� )�i 9 !� fly �C•r ♦.� V»■i l�r �t,ti� O���MI*�ri ;►�� �,ewr/�`�1'�s�4 +�!J��fI p sr�l!e'� ��•Cl 1 /' ���dir "r C� �@�d /\� -F � �� 1P�D+'�''{l;l 011 1 3'P + ,,,'>,. poi '`•��� oi,y �aD. U fC��rl 11►11a1 �li� 1P ♦��4�' f. �� >,� .�,�j�� n L' stj 1! ► 8r �E+• '-sue " + of#. �! , III• !"• 1p 1 �ei��!G tLLb��,� �!�ii�,p �II�.� h ► �� s1�`1,�r�? 4�lllsb� 6��D'�,i► +rl 1,_ f f.��II •��(n;rtir L�`9 'all��,�i+0 � r'Y �.�i r ' ;- �� i!� �1■. !fl �!�� � ,1 {`iir,rl l.0 ,'0)t1�P4—i'�' �r/�'�� ..i�i1� RC�D �►s l I�� ►" t11 f0;�1>li�% !w �b�'� fi i11 f Q I Alm 07'r 1 JiR rfprn I,1 11 �E � f 7•► � .a• s'IC �.;1 �T�'[ l ,R'.�ilYlli' �OV¢> . 1b=J1 ►" R, `1.. �I ,r 511, ih a■ i��en II �I�iI�U L7•■1}I ►wJi;Y,i��'-y I�� c : I, :�-!` .I I �IC�II I�I��Ir!1►p!'� �'�� � iy Il��n,.o� �,�� ��1 �I�IIL�I l�f.l 1s! ��r<i 1' ■ O L- r ,r�^�. uliC� ,.�10_ �) f I!pl k13DJ A s01 '■"�! MMpI , ' LYl�ill D•� ! n1lrld►u1�01).u�ICRf w°sLa. eY\Ir■waft ,1'1L� fL)>\ !,� �IJ ���1 y_°�If►i ; i�►r F'-i i, •f Y00 �:'.s ,�,w�,n7'��,I ! n � fC�>•�''Rll fry/��+�..- a 0 � � llrlll>' '\nl fi• � ��"�- rT�s�l�"w i1r 1 ����,0 ��_ i 11�'��J1�1>t,■!qI ll'pn `I'' �r.�^i��1± �.. 1�r�1�!'t �sAOr,.l�4 c!1 I )arn�r� ► ` ..} x �i I / S�w�i♦war► u'vr�l�+ lK-�F1I'��I► ."11j 9 � '�r!�{p+6��,�1r ►���low 1�� .l�p� f., ice. ?.1-`.�i I�I�I�IL� :In� �n>i�� l�dr ��l mss ► i /' \� rte•��II ���i 1y '�' �-•,O Sri �.l� �'� +yam_ 1 - I �,Gn� ,<�I ill f�-,,r-+tyq� � i)� it �1 11�t0:� f(1! ► ' iJ �r��r ry"�4�U �r�9:lce�k��� � i101 ��s� 11►Jg� .���1 1pl �' 1)��I► illl�l�i�! Ci"r _� [.7 1!.�91 lI e)r'J► ;�► �i 11 �►, 11t•��.a ,ti L ,+•�11 . (?!01 �9' ►vt'41 ���=9fs� �,, ,a,�)!'01 ����•�_�_�s'�"�adr>r1,�!-J' IM RE l; 1p► fs'*�i,�ys ,g�� ���:�av t o.wx ■'�r ?� �o ='�►�'��'ir�' -'a �.�� - l�J1p1 ��' lr•I� a�l��°.'�\ ��+t.'°% ���r-sa� ,,* L f� f,!► y� .�G,ae!� wed• ��• ��%' �� �* ;�� �� lrl N�M J� usi Iar rfl fit►-� ■.__..... ,r+ar�®I��- ��I�'r'� �l,�� ir��� ���i ��T �.� ' � Iaes�o�'d s /►ice I 1 11 r��l ll�lNa �� �3 �T�lI l rR fl■_ �1; �b!llusl.,�i��s>.israi�lij __ �:�n- ►� 1"i�ii�3����I►��_�I1�i�i#L�=`JIB t �7 (ZO-Z1V0/6ZO9LW11/£L-LLdno/suopieE)uewia3eM:O£6Z) uogese!oad an!;e6aN palefip!W c)m-3}uawyoeAV.3uowyoel3V m• o � d; a I Zz LL �a pt¢ J 2w a aN m z _ a N a J 0 e 0 jz z �W G� a a = W < U , � 1 - .! f 1 > m — X Q a- 1a? o U CL Z Q n U m1t '+, v is 1 [¢ U S r.ate 4 r o CL co - m C i �I z QCL CL 1 i z f S y ♦ Phase-3C would include the improvements to the public roadway adjacent the project site in- cluding the traffic calming measures including center medians and traffic signals along Baseline Street. N 0 ♦ Phase-4A would include rehabilitation of the Existing Central Shop, Maintenance Building, Re- N cycling Yard,and Community Garden Building during this phase. ♦ Phase-4B would include the improvements to the public roadway surrounding the project site 04 inrhirling the traf_fi_r calming measures inclining traffic signals along T a nnita StrrPt 00 G ♦ Phase-5A would include demolition of existing structures and construction of new structures along the south edge of the site along Olive Street. A total of 14 units would be removed and 38 ch units would be created during this phase. CL ♦ Phase-5B would include demolition of existing structures and construction of new structures in the southeast corner of the site. A total of 40 units would be removed and 69 units would be U created during this phase. _ a� ♦ Phase-5C would include the improvements to the public roadway adjacent the project site in- eluding traffic calming measures including traffic signals along the eastern portion of Olive C9 Street. E L Under Phasing-Option B,the project would be phased as follows: ♦ Phase-Lk would include demolition of existing structures and construction of new structures in �} the interior of the site. A total of 38 units would be removed and 75 units and the Administra- ° M tion Building would be created during this phase. N ♦ Phase-1B would include demolition of existing structures and construction of new structures in a the interior of the site. A total of 38 units would be removed and 76 units would be created dur- ing this phase. m ♦ Phase-2A would include demolition of existing structures and construction of new structures in o the northwest corner of the site. A total of 18 units would be removed and 73 units would be > created during this phase. an a� ♦ Phase-2B would include demolition of existing structures and construction of new structures in z the northeast portion of the site. A total of 48 units would be removed and 79 units would be a m created during this phase. M r ♦ Phase-2C would include the improvements to the public roadway adjacent the project site in- cluding the traffic calming measures including center medians and traffic signals along Baseline Street. UJ ♦ Phase-3A would include rehabilitation of the Existing Central Shop, Maintenance Building, Re- cycling Yard,and Community Garden Building during this phase. d E ♦ Phase-3B would include the improvements to the public roadway surrounding the project site including the traffic calming measures including traffic signals along La Junita Street. Q ♦ Phase-4A would include demolition of existing structures and construction of new structures along the south edge of the site along Olive Street. A total of 14 units would be removed and 38 E units would be created during this phase. ♦ Phase-4B would include demolition of existing structures and construction of new structures in Q the southeast corner of the site. A total of 40 units would be removed and 69 units would be created during this phase. 7 P1 cket Pg.418 6.B.g ♦ Phase-4C would include the improvements to the public roadway adjacent the project site in- cluding traffic calming measures including traffic signals along the eastern portion of Olive Street. N ♦ Phase-5A would include demolition of existing structures in the southwest corner of the proper- N ty and construction of the Recreation Center and Community Center. A total of 50 dwelling Q units would be removed during this phase. e N ♦ Phase-5B would include the improvements to the public roadway surrounding the project site including the traffic calming measures including traffic signals along the western portion of Olive Street. F ♦ Phase-5C would include the improvements to the public roadway surrounding the project site including the traffic calming measures including center medians and traffic signals along Water- n man Avenue. D U Under Phasing-Option C,the project would be phased as follows: e a ♦ Phase-1A would include demolition of existing structures and construction of new structures in t9 the northwest corner of the site. A total of 18 units would be removed and 73 units would be j created during this phase. E ♦ Phase-1B would include the improvements to the public roadway surrounding the project site in- cluding the traffic calming measures including center medians and traffic signals along Waterman 2m, Avenue. 0 M ♦ Phase-2A would include demolition of existing structures and construction of new structures in the interior of the site. A total of 38 units would be removed and 75 units and the Administra- tion Building would be created during this phase. 2 L ♦ Phase-2B would include demolition of existing structures and construction of new structures in the interior of the site. A total of 38 units would be removed and 76 units would be created dur- o ing this phase. ♦ Phase-3A would include demolition of existing structures and construction of new structures in cc the northeast portion of the site. A total of 48 units would be removed and 79 units would be Z created during this phase. �0 CD ♦ Phase-3B would include rehabilitation of the Existing Central Shop, Maintenance Building, Re- cycling Yard,and Community Garden Building during this phase. ♦ Phase-3C would include the improvements to the public roadway surrounding the project site in- cluding the traffic calming measures including center medians and traffic signals along La Junita , Street. w c ♦ Phase-3D would include the improvements to the public roadway adjacent the project site in- cluding the traffic calming measures including center medians and traffic signals along Baseline Street. co ♦ Phase-4A would include demolition of existing structures and construction of new structures in Q w the southeast corner of the site. A total of 40 units would be removed and 69 units would be = a) created during this phase. E U ♦ Phase-4B would include demolition of existing structures and construction of new structures along the south edge of the site along Olive Street. A total of 14 units would be removed and 38 Q units would be created during this phase. i 8 Packet Pg.419 3 e 6.B.g ♦ Phase-4C would include the improvements to the public roadway adjacent the project site in- cluding traffic calming measures including traffic signals along the eastern portion of Olive Street. N 0 Phase-5A would include demolition of existing structures in the southwest corner of the proper- 9 CIJ ty and construction of the Recreation Center and Community Center. A total of 50 dwelling Q units would be removed during this phase. rn N ♦ Phase-5B would include the improvements to the public roadway surrounding the project site in- W cluding the traffic calming measures including traffic signals along the western portion of Olive Street. F- ti M r Based on available funding, Phase 1 of the final phasing plan would begin in 2013 and last approxi- mately two years. Phase 2 would begin in 2015 and last approximately three to four years. Phase 3 a. would begin in 2018 and last approximately two to three years. Phase 4 would begin in 2020 and last v just over two years. Phase 5 would begin in 2022 and last just over two years. The existing project site N is currently developed;therefore,demolition activity would occur during the start of each construction a) phase. The phases would overlap to some extent such that demolition for the upcoming phase would ti occur during the final months of construction from the preceding phase. 8. Surrounding Land Uses and Setting: Surrounding land uses include a mix of commercial and light L industrial uses including retail, fast food restaurants, a full scale grocer, and medical facilities. Primarily co small commercial and light industrial businesses border N.Waterman Avenue on its western side north and south of the project and on its eastern side north of the project. A larger regional commercial cen- ter is located along N. Waterman Avenue one block south of the project site. Similar business also N border Baseline Street on its northern side north of the project. A large grocer is located on the north side of Baseline Street immediately north of the project. Single-family residences are located further o beyond the commercial areas along collector streets. 9. City Approvals Required: ♦ Tentative Tract Map No. 18829 ♦ Conditional Use Permit (Density Bonus Agreement, Day Care Center, Social Service Us- CU es/Recreation Center,Development Plan) ♦ Development Agreement No. 12-02 Z 10. Other Public Agencies Whose Approval is Required: ♦ California Office of Historic Preservation ♦ California Regional Water Quality Control Board,Santa Ana Region • Storm Water Pollution Prevention Plan(SWPPP) (TBD) • National Pollutant Discharge Elimination System(NPDES) Permit(TBD) w ♦ U.S.Department of Housing and Urban Development • NEPA Environmental Assessment E v Q c E U Q 9 Packet Pg.420 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED 0 The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a Potentially Significant Impact, as indicated by the checklist on the following Q 0 pages. N co Agriculture x tvic��iy ReSOtrC2S El ri a�uai�y U Aesdietics J ❑ Biological Resources ® Cultural Resources ® Geology&Soils ® Greenhouse Gas Emissions ® Hazards&Hazardous Materials ❑ Hydrology&Water Quality ❑ Land Use ❑ Mineral Resources ® Noise ❑ Population&Housing ❑ Public Services ❑ Recreation r ® Transportation/Traffic ❑ Utilities&Service Systems ❑ Mandatory Findings of Significance 0. U Determination: c On the basis of this initial evaluation: L ❑ I find that the proposed project COULD NOT have a significant effect on the environment and a NEGATIVE DECLARATION will be prepared. m ® I find that although the proposed project could have a significant effect on the environment, jthere will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARA- TION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment, and an c ENVIRONMENTAL IMPACT REPORT is required. m ❑ I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment,but at least one effect 1) has been ad- r equately analyzed in an earlier document pursuant to applicable legal standards, and 2) has m been addressed by mitigation measures based on the earlier analysis as described on attached z sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only m r the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided to or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revi- sions or mitigation measures that are imposed upon the proposed project, nothing further is E require A�6 1 Sign ure: Date: a, E s Aron Liang City of San Bernardino Printed Name: For: Q 13 Packet Pg.421 ENVIRONMENTAL CHECKLIST AND FINDINGS j N A. Discussion ofEnvronmcntalE.-1uadon N Items identified in each section of the environmental checklist below are discussed following that section. p Required mitigation measures are identified (if applicable) where necessary to reduce a projected impact to a N level that is determined to be less than significant. T B. Sources The City of San Bernardino General Plan Update and Associated Specific Plans Environmental Impact Re- a port (State Clearinghouse Number 2004111132) is herein incorporated by reference in accordance with Sec- U don 15150 of the CEQA Guidelines. Pursuant to Section 15152 of the California Environmental Quality Act (CEQA) Guidelines, this Initial Study is tiered from the City of San Bernardino General Plan Update and j Associated Specific Plans Environmental Impact Report (General Plan EIR) (State Clearinghouse Number 2004111132). Copies of this document and all other documents referenced herein are available for review at the City of San Bernardino Development Service Department, 300 North D Street, San Bernardino, CA, or C are available online. This includes the following documents: E L 1. City of San Bernardino General Plan,2005 2. City of San Bernardino General Plan Update and Associated Specific Plans Environmental Impact Re- ? port,2005 0 3. City of San Bernardino Municipal Code N 4. City of San Bernardino Development Code(Title 19 of the San Bernardino Municipal Code) 5. City of San Bernardino Historic Resources Reconnaissance Survey o 6. Site Visits and Analysis u 7. State of California Hazardous Waste and Substances List 8. California Building Code Q 9. Uniform Fire Code 10. Alquist-Priolo Earthquake Fault Zones Map 11. South Coast Air Quality Management District,CEQA Air Quality Handbook,1993 12. Federal Emergency Management Agency,Flood Insurance Rate Maps,2008 Z 13. Public Works Standard Requirements—Water 14. Public Works Standard Requirements—Grading c"a rn 15. C.H J., Inc., Engineering Geology Investigation for Proposed Redevelopment of Waterman Gardens _ Project,2010 16. LSA Associates,Inc.,Phase I Environmental Assessment,2010 O 17. Fehr&Peers,Waterman Gardens Master Plan Traffic Impact Analysis,2012 18. Impact Sciences,Waterman Gardens Master Plan Project Air Quality Assessment,2011 w 19. Impact Sciences,Inc.,Waterman Gardens Master Plan Project Greenhouse Gas Assessment,2011 20. Impact Sciences,Inc.,Waterman Gardens Master Plan Project Noise Assessment,2011 E 21. Cogstone Resource Management, Inc., Archeological Assessment Literature Study for the Waterman Ca Gardens Redevelopment Project,2011 Q 22. Cogstone Resource Management,Inc.,Historic Resource Evaluation of Waterman Gardens Public Hous- ing Complex,2011 23. Dan Guerra&Associates,Preliminary Drainage Report Waterman Gardens,2011 E 24. Dan Guerra&Associates,Water Quality Management Plan for Waterman Gardens,2011 25. Hyphae Design Laboratory,Wastewater Management and Flow Analysis Report,2011 Q 26. Overland,Pacific&Cutler,Inc.,Relocation Plan for Waterman Gardens Revitalization,2011 11 Packet Pg.422 6.B.g Less Than Significant Potentially With I. AESTHETICS Significant Mitigation Less Than No en Would the project: Impact Incorporated Significant Impact ty r a) Have a substantial adverse effect on a scenic vista as identified Q Q in the City's General Plan? an b) Substantially damage scenic resources,including,but not lim- cv 00 ited to,trees,rock outcroppings,and historic buildings within ❑ L� LI Lr771Ll a state scenic highway? 2 c) Substantially degrade the existing visual character of quality of ❑ L L El ~_ the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime view in the area? ❑ L 1:1 a e) Other: FJ El El El U Existing Conditions The project site is located in an urbanized, extensively developed area near the center of the City of San Ber- nardino and does not contain any existing scenic resources. The scenic vistas within the City are primarily associated with views of the San Bernardino Mountains to the north and vegetation associated with the Santa Ana River and its tributaries to the south and east. According to the City's General Plan EIR,the project site is not located within a scenic vista view corridor., Although the City does not contain any officially designat- ed State of California scenic highways,State Route (SR) 18,which travels through the San Bernardino Moun- tains2, and portions of SR-30, south of SR-330, and SR-330 that pass through the City are designated as Eli- to gible Scenic Highways. As Eligible Scenic Highways, the provisions of the California Scenic Highways pro- N gram apply to these sections of the roadways in the City.3 c 0 The proposed project site is approximately 38 acres and comprises the San Bernardino Waterman Gardens a Public Housing,built in 1943,which includes 252 family units in 114 buildings which include 87 single-story duplexes, 24 multi-family townhouses, a management office building, Head Start facility, and maintenance Q facility. Existing buildings range from approximately 11 feet to a maximum of 20 feet in height. There are currently just under 500 trees on the site,many of which are in poor health and/or are a hazard and need to r be removed. The site is surrounded by urbanized development on all sides,with the exception of an orange grove immediately east of the project site. z Existing street lighting is present within the right-of-way along Waterman Avenue and Baseline Street and M within the project site. The existing street lighting within the site uses "cobra-head"lights mounted on poles at a height of approximately 30 feet. The street lighting is bright at intersections and below the poles, but because of the wide pole spacing the lighting is very uneven, dropping off to virtually zero between poles. Where mature trees are located near street lights, the shadowed areas below the trees are very dark. In large open areas, "shoebox" area lights on approximately 30-foot poles provide light near the poles, but the sur- w rounding areas are very dark. Wall-mounted low-wattage fluorescent lights provide some light between the buildings, but because the spaces between buildings are wide and the lights are mounted very low, there is E very little light on the lawns. .r Q c CD E .c U .r w ,City of San Bernardino,2005,General Plan Update and Associated Spedfic Plant EM page 5.1-8. Q 2 City of San Bernardino,2005,General Plan Update and Associated Specific Plant EIB,page 5.1-8. 3 City of San Bernardino,2005,General Plan,page 6-7. 12 Packet Pg.423 6.B.g i Discussion a) Would the project have a substantial adverse effect on a scenic vista as identified in the City's General Plan? The scenic vistas within the City are primarily associated with views of the San Bernardino Mountains to the N north and vegetation associated with the Santa Ana River and its tributaries to the south and east. According N to the City's General Plan EIR, the project site is not located within a scenic vista view corridor nor does it Q contain existing scenic resources. Therefore,no impacts are anticipated. (No Impact) o N b) Would the project substantialy damage scenic resources, including, but not limited to, gees, rock outcroppings, and historic T buildings within a State scenic highway? As described in the existing conditions, there are no designated State scenic highways located within the City M of San Bernardino or sphere of influence (SOI) areas. However SR-18,which travels through the San Ber- nardino Mountains, and portions of SR-30, south of SR-330, and SR-330 that pass through the City are des- a ignated as Eligible Scenic Highways. The project would not alter or damage any scenic resources within SR- 18,SR-30,SR-330,or any other State scenic highway. Therefore,no impacts are anticipated. (No Impact) V ,n c c) Would the project substantially degrade the existing visual character or quality of the site and its surroundings? 2 As described in existing conditions, the project site is currently developed with non-descript one- and two- story Federally-Subsidized Public Housing buildings and related structures. The project would replace the existing development with new townhomes and apartments, senior housing, related structures, community E and recreational facilities,and open space,parks and landscaping. The selective removal of some of the exist- ing trees would modify the character of the site; however the proposed landscaping would enhance the site ? with significant amounts of additional vegetation and would include climate-appropriate plantings. The site is surrounded by urbanized development on all sides,with the exception of an orange grove immediately east of the project site. Given the location of the site and existing surrounding development, the proposed project would not degrade the existing visual character of the site or its surroundings. Therefore,no impacts are an- o ticipated. (No Impact) L d) Would the project create a new source of substantial light or glare that would adversely affect day or nighttime views in the �U CD area? The proposed 411-unit residential development would create new light in the area. However, since there is ;Z existing street lighting in the right-of-way along Waterman Avenue and Baseline Street and lighting within the project site, as described in existing conditions above, the proposed project would not significantly increase z the amount of light/glare currently generated in the area. ca r� The proposed lighting will use LED lights on medium-height poles to produce even illumination that is not blocked by trees. All light will be directed downward to avoid unwanted "sky glow" light pollution. Along streets and parking areas the poles will be approximately 20-feet tall;alon g P edestrian�eenwa s and in alleys, � the poles will be approximately 14-feet tall. Where poles are located near residences,the lights will be shield- ed to reduce unwanted light spill into the units. Ceiling lights at porches and wall lights at other unit entries W will provide a welcoming glow and make it possible to see potential intruders from the street. The mix of pole lights, building-mounted lights, and security lights will provide soft, even illumination that promotes a t sense of safety and encourages residents to use their outdoor spaces at night, while reducing energy costs, maintenance costs, and light pollution. In addition, the design and placement of light fixtures would be re- Q viewed for consistency with City standards (Municipal Code Section 19.20.030.14). Standards require shield- ing, diffusing, or indirect lighting to avoid glare. These standards would ensure that potential impacts would 0) be less than significant. (Less than signcant) _ U Aesthetics Mitigation Measures: Q None required. 13 Packet Pg.424 Less Than Significant II. AGRICULTURE AND FORESTRY RESOURCES Potentially With Significant Mitigation Less Than No N Would the project: Impact Incorporated Significant Impact N C_ a) Convert Prime Farmland, Unique Farmland or Farmland of 0 Statewide Importance(Farmland),as shown on the maps pre- pared pursuant to the Farmland Mapping and Monitoring ❑ ❑ ❑ ® N 00 Program of the Cali ornia Resources agency, to a non- r agricultural use? b) Conflict with existing zoning for,or cause rezoning of,forest �.. land (as defined in Public Resources Code section 12220(8)), timberland (as defined by Public Resources Code section ❑ ❑ ❑ ❑ r 4526), or timberland zoned Timberland Production (as de- d ti fined by Government Code Section 51104(8))? c) Result in the loss of forest land or conversion of forest land V 7 to non-forest use? E] El E] ® C d) Involve other changes in the existing environment which,due to their location or nature,could result in conversion of farm- E] ❑ E]land to non-agricultural use or conversion of forest land to 0 non-forest use? e) Other: ❑ ❑ ❑ ❑ E d w to Existing Conditions The project site is located in an urbanized and developed area near the center of the City of San Bernardino. t° Existing development on the site includes 252 residential dwelling units, a management office building, Head N Start facility,and maintenance facility. The City of San Bernardino is designated Urban and Built-Up Land on = the maps prepared for the California Department of Conservation Farmland Mapping and Monitoring Pro- C gram. There are no areas designated as Prime and Unique Farmland within the City.4 There is no forest land or timberland on the project site. m Discussion a) a) Would the project convert Prime Farmland, Unique Fatmrrland or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the Calfornia Resources Agency, a�i to non-agricultural use? m As described in existing conditions, there are no areas designated as Prime and Unique Farmland by the Cali- fornia Resources Agency within the City. The project site is an existing residential developed and disturbed , site and will not convert farmland to non-agricultural use. Therefore,no impacts are anticipated. (No Impact) C? b) Would the project conflict with existing Zoning for, or cause rezoning of,forest land(as defined in Public Resources Code section 122200), timberland(as defined by Public Resources Code section 4526), or timberland Zoned Timberland Production w Y (as defined by Government Code Section 511040)? The project site is currently designated residential and there is no forest land,timberland,or timberland zoned Timberland Production on the site. Therefore,no impacts are anticipated. (No Impact) a c) Would the project result in the loss of forest land or conversion of forest land to non forest use? a� The project site is currently developed with residential uses and there is no forest land on the site. Therefore, _ no impacts are anticipated. (No Impact) r w Q 4 California Department of Conservation, 2009, San Bernardino Important Farmland 2008, (ftp://ftp.consn,.ca.gov/pub/dlrp/FMMP/pdf/2008/sbd08_so.pdo. 14 Packet Pg 425:; d) mould the project involve other changes in the existing environment which, due to their location or nature, could result in conversion of farmland to non-agricultural use or of conversion of forest land to non forest use? The project site is currently developed with residential uses and there is no farmland on the site. Therefore, N no impacts are anticipated. (ATo Impact) ° N Agriculture and Forestry Resources Mitigation Measures: p None required. CO m r M r n U c d L R U c R E L Q� .F+ 2 i M G co L V d 0 CD Z Em /G V W C d E z 0 R Q C E L V R r w Q 15 Packet Pg.426. I 6.B.g Less Than ��� Significant Potentially With III. AIR QUALITY Q Significant Mitigation Less Than No Would the project: Impact Incorporated Significant Impact 9 i a) Conflict with or obstruct implementation of the applicable air El ❑ ® ❑ p quality plan? (South Coast Air Basin) b) Violate any air quality standard or contribute substantially to � an existing or projected air quality violation based on the m thresholds in the SCAQMD's "CEQA Air Quality Hand- E] El LJ book?" E— c) Result in a cumulatively considerable net increase of any crite- ria pollutant for which the project region is non-attainment _ under an applicable federal or State ambient air quality stand- El ❑ ® U p and (including releasing emissions which exceed quantitative thresholds for ozone precursors)? U d) Expose sensitive receptors to substantial pollutant concentra- ❑ ❑ ❑ U tions? a) e) Create objectionable odors affecting a substantial number of M people based on the information contained in Project De- ❑ ❑ IH ❑ scription Form? CU 0 Other: ❑ ❑ ❑ ❑ E L tV Existing Conditions The following discussion is based on the Waterman Gardens Master Plan Project Air Quality Assessment M prepared by Impact Sciences,Inc.in July 2011 (Appendix A). N The project is located in the South Coast Air Basin (Basin),shown in Figure 4,which is a geographical region o that shares the same air pollution concerns. The Basin consists of Orange County,Los Angeles County (ex- a cluding the Antelope Valley portion), and the western, non-desert portions of San Bernardino and Riverside Counties. The South Coast Air Quality Management District (SCAQMD) is the air pollution control agency A for the Basin. Y The United States Environmental Protection Agency (U.S. EPA) and the State of California have adopted health-based air quality standards, known as the National Ambient Air Quality Standards (NAAQS) and the Z California Ambient Air Quality Standards (CAAQS) for the following seven criteria air pollutants: ozone (Os), carbon monoxide (CO), nitrogen dioxide (NO2), sulfur dioxide (SO2), respirable particulate matter c (PM10), fine particulate matter (PM2.5),and lead (Pb). The California standards are generally more stringent r than the federal standards and in the case of PM10 and S02,much more stringent. California has also estab- lished standards for sulfates,visibility reducing particles, hydrogen sulfide and vinyl chloride, none of which have corresponding federal standards. w w The U.S. EPA is responsible for enforcing the federal Clean Air Act and the NAAQS. As part of its en- forcement responsibilities,the U.S. EPA requires each State with areas that do not meet the NAAQS to pre- E pare and submit a State Implementation Plan (SIP) that demonstrates the means to attain the federal stand- ards. The U.S.EPA formally classifies air basins as attainment or nonattainment based on whether the region Q meets or exceeds the NAAQS. The status of the Basin with respect to attainment with the NAAQS is sum- marized in Table 1. 4) U f0 w Q 4 16 Packet Pg.427; s -6 6dno/suepaeo ummeM: 0£6Z) uORM139Q an14eBON pa;eBIM OM- 3 4uauay3L'44V:}uauayoe}4y a od z T w ° d� _ F � 0. � a+ Y � � V r Z � a 0. cn J W 2 � 4 LL 57 O Q O Z U O cu a y c cv ° � o 0 F UQ c U) O c 0 U � o 3 m o o ° cm � UQ Co.o ° o p� c co 3 � - ' x c o OU U Q o (1)C) J V C �T m jU U c0 c ° N c c0 cn T m m z c4 C c m N O C m 0 0 m C C y Q O T J ° C: v m ¢ m w a� cU �, m ci m 5 N Q Q C co (a 0 O O 01 a) v W O 2 U N a) U m J J m ' U G U o o m m o m N w (n Cl) cn to cn O c Iw✓� Oj %x:. Z E u C I O 6.B.g TABLE 1 ATTAINMENT STATUS-SOUTH COAST AIR BASIN (SAN BERNARDINO COUNTY PORTION Pollutant State Federal N Ozone(03) Nonattainment Nonattainment o N Carbon Monoxide(CO) Attainment Attainment(Maintenance) Q D Nitrogen Dioxide(NO2) Nonattainment Attainment(Maintenance) N co Attainment Unclassified/Attainment w Sulfur Dioxide(SO2) t- Respirable Particulates(PM10) Nonattainment Nonattainment h Fine Particulates(PM2.5) Nonattainment Nonattainment cn r Lead(Pb) Attainment Unclassified 0 D Sulfates(SO4) Attainment — 0 Hydrogen Sulfide(1-12S) Unclassified — Vinyl Chloride Unclassified — C7 Visibility-Reducing Particles Unclassified — R Sources: California Air Resources Board,"Area Designations Maps/State and National,"ht tp://www.arb.cagotldesigladmladm.htm.1011. U.S.Envi- g romnental Protection Agency,"Air Quality Maps,"http://www.epa.gov/region9/air/maps/index.html,2011. L d .r ca CARB oversees air quality planning and control throughout California and is primarily responsible for ensur- ing implementation of the California Clean Air Act. In addition,CARB sets health based air quality standards and control measures for toxic air contaminants (TACs). The California Clean Air Act established a legal ✓ mandate for air basins to achieve the CAAQS by the earliest practical date. Health and Safety Code Section 2 39607(e) requires CARB to establish and periodically review area designation criteria. These designation cri- ro teria provide the basis for CARB to designate areas of the State as attainment, nonattainment, or unclassified according to State standards. The status of the Basin with respect to attainment with the CAAQS is summa- p rized in Table 1. The SCAQMD is responsible for bringing air quality in the areas under its jurisdiction into conformity with federal and State air quality standards. In order to achieve these standards, the SCAQMD adopts an Air Z Quality Management Plan (AQMP) that serves as a guideline to bring pollutant concentrations into attain- a) ment with federal and State standards. The 2007 AirQuality Management Plan focuses on attainment strategies a, for the ozone and PM2.5 standards through stricter control of sulfur oxides and directly emitted PM2.5, NOx, and VOCs. In addition, the AQMP focuses on reducing VOC emissions, which have not been re- duced at the same rate as NOx emissions in the past. The project site is located in the Central San Bernardino Valley Source Receptor Area (SRA 34). The moni- toring station located closest to the project site is at 24302 East 4th Street,San Bernardino (Station No. 5203) and is approximately 0.84 miles south of the project site. This station monitors emission levels of 03, NO2, CO, PM10, and PM2.5. The station located at 14360 Arrow Highway, Fontana (Station No. 5197), approxi- M mately 12 miles west of the project site,was used to establish background levels for S02. Table 2,Ambient Q Pollutant Concentrations, lists the ambient pollutant concentrations registered and the exceedances of State and federal standards that have occurred at the abovementioned monitoring station from 2007 through 2009, CD the most recent years in which data is available from the SCAQMD. As shown, the monitoring station has registered values above State and federal standards for 03, the State standard for PM10, and the federal c�a w standard for PM2.5. Q 18 Packet Pg.429 Discussion The air quality assessment of the proposed project,performed by Impact Sciences,Inc.,utilized the California Emissions Estimator Model(CalEEMod)5 to analyze the proposed project emissions during construction and operation. CalEEMod is a program that calculates air emissions from land use sources and incorporates the N CARB's EMFAC2007 model for on-road vehicle emissions and the OFFROAD2007 model for off-road ve- hicle emissions. Site-specific or project-specific data were used in the Ca1EEMod model where available. Q II 0 The SCAQMD's Final Localized Significance Threshold Methodology("LST Methodology")was used to assess con- CO formity with the established localized significance thresholds (LSTs). The SCAQMD has established screen- m ing criteria that can be used to determine the maximum allowable daily emissions that would satisfy the thresholds without project-specific dispersion modeling. The project site is located in SRA 34 and is larger qthan 5 acres;however,using the screening levels for a 5-acre project would result in a conservative analysis as 3 the thresholds would be set at a much lower level.6 Construction of the site would occur in phases and the maximum amount of disturbed area during project construction is estimated to be 7.5 acres. The nearest off- M site sensitive receptors are located adjacent to the project site across Baseline Street and Waterman Avenue. U The LST Methodology states that"projects with boundaries located closer than 25 meters to the nearest re- ceptor should use the LSTs for receptors located at 25 meters."' Since the nearest sensitive receptors (resi- dential land uses) are located about 25 meters from the project site, a 25-meter distance was used to deter- mine the screening criteria. i a) Would the project conflict oath or obstruct inrplenrentation of the applicable air quality plan? (South Coast Air Basin) i A project is consistent with the AQMP if it meets the following indicators: 1. The project will not result in an increase in the frequency or severity of existing air quality violations or M cause or contribute to new violations, or delay the timely attainment of air quality standards or the inter- N im emissions reductions specified in the AQMP. c 2. The project will not exceed the assumptions in the AQMP in 2010 or increments based on the year of 2 project buildout. L U As discussed later in this section,the proposed project would not exceed the significance thresholds for con- o struction or operational emissions. In addition, the project would not exceed the screening criteria for the localized significance thresholds. Therefore, since the project would not exceed the thresholds,it would not increase the frequency or severity of existing air quality violations or cause or contribute to new violations,or z delay the timely attainment of air quality standards or the interim emissions reductions specified in the .e AQMP. a' rn Consistency with the assumptions in the AQMP is established by demonstrating that the project is consistent with the land use plan that was used to generate the growth forecast. The 2007 Air Quality Management Plan 0 based its assumptions on growth forecasts contained in the SCAG 2004 Regional Transportation Plan (RTP).8 The 2004 RTP is based on growth assumptions through 2030 developed by each of the cities and counties in w the SCAG region. The project would result in the demolition of the existing structures and construction of new buildings with similar uses. The proposed project will not change the land use designation on the site, 0 and is therefore within the growth anticipated in the City's General Plan. A General Plan amendment would not be required. Therefore, the proposed project is considered to be consistent with growth assumptions y included in the AQMP. Accordingly, the proposed project complies with Consistency Criterion No. 2. Q Therefore,potential impacts would be less than significant. (Less than significant) a� E 5 South Coast Air Quality Management District,"CalEEMod,Version 2011.1.1,"http://www.caleemod.com/. Ian MacMillan,Program Supervisor—CEQA,South Coast Air Quality Management District,personal communication Q with Alan Sako,Impact Sciences,Inc.,March 31,2011. 7 South Coast Air Quality Management District,Final Localized Significance Threshold Methodology,(2008)3-3. 8 South Coast Air Quality Management District,Final2007 AirQua#O Management Plan,(2007)3-1. 19 j j Packet Pg.430 i TABLE 2 AMBIENT AIR POLLUTANT CONCENTRATIONS Year N 9 Pollutant Stanr4lardsa 2007 2008 2009 0 ' N Ozone(03) Maximum 1-hour concentration(ppm) 0.153 0.157 0.150 N Maximum 8-hour concentration(ppm) 0.121 0.122 0.126 00 r Number of days exceeding State 1-hour standard 0.09 ppm 48 62 53 h Number of days exceeding State 8-hour standard 0.070 ppm 74 90 79 Cl) Number of days exceeding federal 8-hour standard 0.075 ppm 51 62 62 d Nitrogen Dioxide(NO2) U Maximum 1-hour concentration(ppm) 0.08 0.09 0.08 N c Annual average concentration(ppm) 0.0245 0.0217 0.0196 Number of days exceeding State 1-hour standard 0.18 ppm 0 0 0 R Carbon Monoxide(CO) E L Maximum 1-hour concentration(ppm) 4 2 3 Maximum 8-hour concentration(ppm) 2.3 18 1.9 0 Number of days exceeding 1-hour standard 20 ppm 0 0 0 M Number of days exceeding 8-hour standard 9.0 ppm 0 0 0 C WWI .0 Sulfur Dioxide(SO2) L (tj Maximum 1-hour concentration(ppm) 0.01 0.01 0.01 v d) Maximum 24-hour concentration(ppm) 0.004 0.003 0.002 ❑ m Number of days exceeding State 1-hour standard 0.25 ppm 0 0 0 rn Number of days exceeding State 24-hour standard 0.04 ppm 0 0 0 d Z Respirable Particulate Matter(PM10) ca Maximum 24-hour concentration(4g/m3) 136 76 66 .a' Y_ Annual average concentration(µg/m3) 514 427 41.5 2 Number of samples exceeding State standard 50 Itg/m3 28 19 11 Number of samples exceeding federal standard 150µg/m3 0 0 0 W C m Fine Particulate Matter(PM2.5) � Maximum 24-hour concentration(lag/m3) 72.1 43.5 37.9 r r Annual average concentration(µg/m3) 18.3 13.5 13.0 Q Number of samples exceeding federal 24-hour standard 35 pg/m3 11 3 3 y a Parts by volume per million of air(ppm),micrograms per cubic meter of air(gg/m3),or annual arithmetic mean(aam). _ Source:South Coast Air Quality Management District,"Historical Data by Year,"http://www.agmd.gov/smog/historicaldata.hur4 2010. U 0 t0 Q 20 Packet Pg.431 b) Would the project violate any air quality standard or contribute substantially to an existing or projected air quality violation based on the thresholds in the SCAQMD`s "CEQA AirQuality Handbook?" Construction activities have the potential to cause temporary significant impacts with respect to air quality standards. Construction would occur during five main phases. c N r The number and types of construction equipment, vendor trips (e.g., transport of building materials), and 00 worker trips assumed were based on values provided in the CalEEMod model. In addition,grading amounts N were based on factors provided in the CalEEMod model. In order to account for dust suppression in the co Ca1EEMod model,it was assumed that the project contractor would comply with SCAQMD Rule 403 (Fugi- tive Dust) by applying water a minimum of three times daily for dust suppression. The emission reduction percentage associated with Rule 403 dust suppression was based on data from the SCAQMD. It was also eh assumed that construction vehicles would conform with engine emissions requirements as described in the U.S.EPA/CARB off-road engine certification program. p U As shown in Table 3, construction emissions would not exceed the SCAQMD threshold of significance. Therefore construction of the proposed project would have a less than significant impact on air quality in the region. T. M (7 TABLE 3 ESTIMATED CONSTRUCTION EMISSIONS C m E Maximum Emissions in Pounds per Daya `m cc Construction Year VOC NOx CO sox PM10 PM2.5 2013 7.92 50.38 58.13 0.10 7.66 4.74 CV) 2014 4.40 25.83 29.65 0.05 2.83 2.03 Ft C 2015 40.69 35.12 68.40 0.13 8.48 3.41 O ca 2016 19.63 15.44 69.34 0.14 7.75 1.00 2017 18.95 7.33 49.10 0.08 3.19 1.63 W 2018 15.52 16.51 88.80 0.16 4.69 1.97 d 2019 13.84 16.60 85.01 0.16 7.72 1.93 CD 2020 25.46 14.25 71.78 0.14 5.97 1.89 Z 2021 14.65 17.84 78.48 0.15 10.65 1.96 r m 2022 12.38 7.45 49.02 0.09 1.81 0.40 'r+ SCAQMD Threshold: 75 100 550 150 150 55 C7 Exceeds Threshold? NO NO NO NO NO NO Note: Totals in table may not appear to add exactly due to rounding in the computer model calculations. W 'PM10 and PM25 fugitive dust emissions incorporate watering as a control measure. Source:Impact Sciences,Inc. E L V tC w Operational Emissions Q Operational emissions would be generated by both area and mobile sources as a result of normal day-to-day activities on the project site after location. Area source emissions would be generated by the consumption of (D natural gas for space and water heating devices (including residential use water heater and boilers),the opera- 0 don of landscape maintenance equipment, and from the use of consumer products. Mobile emissions would W be generated by the motor vehicles traveling to and from the project site. Q 21 Packet Pil 432 6 The project's operational emissions would result in a significant impact to air quality in the region if they would exceed the SCAQMD thresholds of significance. The proposed project would be operational in 2022; therefore,the year 2022 was used to estimate the operational emissions. Table 4 shows the operational emis- sions associated with the project. Because the project site is currently developed with existing uses, the exist- c ing site emissions were estimated in order to determine the project's resulting net change in emissions. The N existing site's mobile and area source emissions were calculated for year 2011 using emission factors in the CalEEMod model and trip generation rates from the traffic report. 0 N q As shown in Table 4, the net change in operational emissions associated with implementation of the pro- 00 posed project would not exceed the SCAQMD thresholds for significance for any pollutant. Projects that generate emissions below the thresholds of significance would not be considered to contribute a substantial amount of air pollutant to regional air quality. Therefore,operational emissions associated with the proposed project would be considered a less than significant impact. (Less than significant r a For the reasons described above, the impacts associated with construction and operational emissions would U be less than significant. (Less than sign fcant) d c) Would the project result in a cumulatively considerable net increase of any criteria pollutant for which the project area is in non-attainment under an applicable federal or State ambient air quality standard (including releasing emissions which exceed F quantitative Standards for o.Zone precursors or other pollutants)? According to the SCAQMD CEQA Air Quality Handbook, projects that are within the emission thresholds identified above should be considered less than significant on a cumulative basis unless there is other perti- nent information to the contrary.9 As shown in Tables 3 and 4, the project would not exceed the construc- tion or operational project-level thresholds. rn The SCAQMD's CEQA Air Quality Handbook also identifies three other possible methods to determine the C cumulative significance of the project's emissions. However,one method is no longer recommended or sup- ported by the SCAQMD, and another method is not applicable as the SCAQMD repealed the underlying regulation (Regulation XV) after the CEQA AirQuality Handbook was published.tU Therefore,the only viable U SCAQMD method for determining cumulative impacts is based on whether the rate of growth in vehicle o miles traveled (VMT) exceeds the rate of growth in population. Using this method, the ratio of a project's > VMT to anticipated VMT in the city or county in which the project is located is compared to the ratio of the a project population to the anticipated population in the same city or county. If the VMT ratio is less than the m ratio then the project is not considered to have a significant cumulative air quality impact. The Z population p l � 9 ty � P � VMT factors are obtained from Ca1EEMod and EMFAC2007. As shown in Table 5, this criterion has been a; met,and therefore the project would not have a significant cumulative impact on air quality under this criteri- on. Therefore,the impact would be less than significant. (Less than sign(cant) d) Would the project expose sensitive receptors to substantial pollutant concentrations? Locali.Zed Significance Thresholds Analysis w The SCAQMD recommends the evaluation of localized air quality impacts to sensitive receptors in the im- m mediate vicinity of the project site as a result of construction and operational activities. The thresholds are = based on standards established by the SCAQMD in the LST Methodology. The thresholds for NO2 and CO represent the allowable increase in concentrations above background levels in the vicinity of the project that Q would not cause or contribute to an exceedance of the relevant ambient air quality standards. The threshold li c CD E s U 9 South Coast Air Quality Management District,CEQA AirQuality Handbook,(1993)9-12. w to The two methods that are no longer recommended and supported by the SCAQMD are:(1)demonstrating a 1 percent per Q year reduction in project emissions of VOC,NOx,CO,SOx,and PM10 and (2) demonstrating a 1.5 average vehicle ridership, or average vehicle occupancy for a transportation project. 22 Packet Pg.433 TABLE 4 ESTIMATED OPERATIONAL EMISSIONS Emissions in Pounds per Day Emissions Source VOC NOx CO sox PM10 PM2.5 0 Summertime Emissions- N Q Project Emissions Q Operational(Mobile)Sources 17.44 44.34 147.75 0.46 50.50 2.65 N co Area Sources 16.16 3.97 43.92 0.02 0.50 0.50 r Summertime Emissions Total 33.60 48.31 191.67 0.48 51.00 3.15 H Existing Land Use Emissions r Operational(l%lobile)Sources 19.43 53.53 198.08 0.27 30.57 2.94 T Area Sources 33.25 2.56 106.00 0.21 13.53 13.53 (- Summertime Emissions Total 52.68 56.09 304.08 0.48 44.10 16.46 U Net Summertime Emissions Total -19.08 -7.78 -112.41 0 6.90 -13.31 C 01 SCAQMD Threshold 55 55 550 150 150 55 a ca Exceeds Threshold? NO NO NO NO NO NO (9 Wintertime Emissions2 = Project Emissions N Operational(Mobile)Sources 17.56 45.67 138.13 0.42 50.52 2.66 M Area Sources 16.16 3.97 43.92 0.02 0.50 0.50 O Wintertime Emissions Total 33.72 49.64 182.05 0.44 51.02 3.16 CY) C) Existing Land Use Emissions Operational(Mobile)Sources 19.57 56.85 182.55 0.24 30.60 2.97 O Area Sources 33.25 2.56 106.00 0.21 13.53 13.53 L Wintertime Emissions Total 52.82 59.41 288.55 0.45 44.13 16.49 v a� Net Wintertime Emissions Total -19.10 -9.77 -106.5 -0.01 6.89 -13.33 Q e� SCAQMD Threshold 55 55 550 150 150 55 > Exceeds Threshold? NO NO NO NO NO NO tV Note:Totals in table may not appear to add exactly due to rounding in the computer model calculations. Z Summertime Emissianrr"are representative of the conditions that may occur during the ozone season(May 1 to October 31). p b 117intertime Emissions"are representative of the conditions that may occur during the balance of the ear(November 1 to April 30). r N Source:Impact Sciences,Inc. � TABLE 5 COMPARISON OF VEHICLE MILES TRAVELED TO POPULATION(2022) Comparison Item Vehicle Miles Traveled Population W c Proposed Project 14,747[NET] 533[NET] £ San Bernardino County 70,872,000 2,659,237 v M w Ratio of Project to San Bernardino County 0.000208 0.000312 Q Note:The estimated project VMT was estimated from CaIEEMod The estimated VAIT in San Bernardino County in 2022 was determined by EMFAC2007. The project population includes residents only. The county population projections were obtained from the latest SCAG projections in its 2008 ATP Gmwtb Forecast. The 2022 d population was linearly interpolated from the 2020 and 2025 SCAG pr jectious. E Source:Impact Sciences,Inc. ty R r+ Q 23 Packet,Pg.434 for PM10 and PM2.5 are based on emission levels specified in SCAQMD rules so as to aid in progress to- ward attainment of the ambient air quality standards. The localized significance thresholds are compared to construction and operational emissions that occur on c j the project site. The thresholds do not apply to emissions occurring off the project site, such as emissions N from motor vehicles." The project's on-site emissions for construction and operation are shown in Table 6. <( As shown, construction and operation of the project would generate on-site emissions that are less than the 0 site-specific localized significance thresholds. Therefore the project would have a less than significant impact co on localized air quality. 00 a � It should be noted that the U.S. EPA promulgated a new 1-hour NAAQS for nitrogen dioxide (NO2). The M new 1-hour standard is 100 parts per billion (ppb) (188 micrograms per cubic meter [µg/m3]) and went into effect on April 12, 2010. Compliance with the standard is determined on a statistical basis (i.e., the 3-year r j average of the 98th-percentile of the annual distribution of daily maximum 1-hour concentrations). The U.S. _ EPA also retained the existing annual average standard of 53 ppb (100µg/m3). U � N The LST analysis should be based on the most stringent ambient air quality standards in effect. Prior to the new U.S. EPA standard, the 1-hour CAAQS for NO2 was the most stringent standard at 180 ppb. The SCAQMD screening tables for NO2 are based on the 1-hour CAAQS. The SCAQMD has not revised the LST screening tables to correspond to the new U.S. EPA 1-hour NO2 standard. However, as shown in Ta- E bles 3 and 4,the NOx emissions are much less than the NOx screening criteria shown in Table 6. Given that E the project's NOx emissions are well under the screening criteria, the project would not cause or contribute to an exceedance of the new U.S.EPA 1-hour NO2 standard at nearby sensitive receptors. o CO HotcpotsAnalysis 8 As shown in Table 2 in existing conditions,carbon monoxide levels in the project area are substantially below the federal and State standards. No exceedances of CO have been recorded at monitoring stations in the Ba- sin for some time and the Basin is currently designated as a CO attainment area for both the CAAQS and o NAAQS. Nonetheless,localized CO concentrations have the potential to exceed the CAAQS or NAAQS at heavily congested roadway intersections. Localized areas where ambient concentrations exceed State and/or o federal standards are termed CO hotspots. ru The proposed project was evaluated to determine if it would cause a CO hotspot using a simplified CA- LINE4 screening model developed by the Bay Area Air Quality Management District (BAAQMD). The z model is used to predict future CO concentrations 0 feet from the intersections (directly adjacent to the roadway) in the study area based on projected traffic volumes from the intersections contained in the traffic M report for the proposed project.12 The traffic report identifies the level of service (LOS) for impacted inter- sections. Intersections operating at a LOS of E or F are considered to have the potential to create a CO 5 hotspot.13 For the purposes of this analysis,intersections estimated to operate at LOS D, E, or F under fu- ture cumulative plus project traffic conditions were analyzed. Maximum future (2030) cumulative plus pro- ject CO concentrations were calculated for peak hour morning and evening traffic volumes using the highest w r traffic volumes in the traffic report associated with the proposed project.14 Background CO concentrations were included in the analysis. The results of these CO concentration calculations are presented in Table 7 for E representative receptors located 0 feet from the intersection. U I w a 11 South Coast Air Quality Management District,Final Localised Significance Threshold Methodology,(2008)1-4. E 12 Fehr&Peers,2011,Draft Waterman Gardens Master Plan Traffic Impact Analysis. 13 Institute of Transportation Studies,University of California,Davis,1997,Transportation Project-Level Carbon Monoxide Pmtocol. Q 14 Fehr&Peers,2012,Draft Waterman Gardens Master Plan Traffic Impact Analysis. Though the traffic analysis maximum future buildout year was 2033 and the above analysis was based on 2030 buildout,the analysis also was based on a 500-unit project versus the proposed 411-unit project and thus presents a worst-case scenario. 24 Packet Pg.435 TABLE 6 LOCALIZED SIGNIFICANCE THRESHOLDS ANALYSIS Pollutant(pounds per day)a N Significance Threshold NOx CO PM10 PM2.5 ° N Construction d O Maximum Daily On-Site Emissions 50.38 88.80 10.65 4.74 N m LST Screening Criteria 270 1,746 14 8 00 r Exceeds Threshold? NO NO NO NO H Operational Maximum Daily On-Site Emissions 3.97 43.92 0.50 0.50 d LST Screening Criteria 270 1,746 4 2 U Exceeds Threshold? NO NO NO NO C N The NOx thresholds contained in the SCAQMD lookup tables are based on emissions of NOx and assume gradual conversion to NOz based on 'a the distance from the project site boundary. tCi Source:South Coast Air Quality Management District,Final Localized Significance Threshold Methodology,(2008),Appendix C. C tL1 E i N As shown in Table 7, the CALINE4 screening procedure predicts, under future (2030) plus project condi- tions, that future CO concentrations would not exceed the State 1-hour and 8-hour standards at impacted intersections. No significant CO hotspot impacts would occur to sensitive receptors in the vicinity of these to intersections. Therefore, the project would result in a less than significant impact relative to future CO con- N centrations. c O TABLE 7 MAXIMUM CARBON MONOXIDE CONCENTRATIONS c L Concentration at 0 Feet avi (parts per million [ppm]) a� Intersection 1-Hour 8-Hour y Waterman Avenue/Highland Avenue 4.7 2.8 Z Waterman Avenue/Baseline Street 4.8 2.8 ry ttt Waterman Avenue/5th Street 4.9 3.0 M La Junita Street/Baseline Street 4.5 2.7 C7 Exceeds State 1-Hour Standard of 20 ppm? NO — Exceeds Federal 1-Hour Standard of 35 ppm? NO — r C Exceeds State 8-Hour Standard of 9.0 ppm? — NO E Exceeds Federal 8-Hour Standard of 9 ppm? — NO Source:Impact Sciences,Inc. Q C ty Toxic Air Contaminants Emissions of TACs would be significant if sensitive receptors would be exposed to a carcinogenic risk that r exceeds 10 in 1 million or a non-cancer Hazard Index greater than 1.0. However, the land uses associated Q with the proposed project are not anticipated to emit TACs in measureable quantities. Sources of TACs from the project's residential and community commercial land uses may include household solvents and cleaners 25 Packet Pg..436,; 6.B.g and motor vehicle emissions. However, residential land uses do not typically generate TAC emissions in quantities that would exceed the SCAQMD thresholds. Additionally,the project would not attract a substan- tial number of diesel trucks and would not regularly use other types of diesel-fueled equipment. Therefore, the project would not result in TAC emissions that exceed the significance thresholds. 4 N However, the project may locate sensitive receptors on-site that could be exposed to off-site sources of TAC Q emissions. The SCAQMD maintains it database of permitted stationary sources of emissions in the Basin. Based on a survey of data obtained from the SCAQMD's Facility Information Detail(FIND)15 system, sever- p nn al facilities that contain permitted equipment as required by Rule 1401 (New Source Review of Toxic Air Contaminants) are located within a 0.25 mile of the project site. These facilities include one automobile body shop, one juice packing company, and one general government facility. The automobile body shop, Nifty '- Collision Center(Facility ID 124387),received a Notice to Comply(NTC)in 2009. The NTC was in regards to recordkeeping requirements for VOC emissions pursuant to SCAQMD Rule 109 and posting requirements r for the permit to operate pursuant to Rule 206. All permitted facilities near to the project site,at the time of D this report, are currently in compliance. Therefore,while residents of the proposed project would be located U within 0.25 mile of an existing facility that emits air toxics identified in Rule 1401, the impact would be less than significant in accordance with general requirements of Rule 1401. L c>s CARB has determined that adverse health effects are generally elevated near heavily traveled roadways. This is due to motor vehicle emissions, which include TACs, such as diesel particulate matter, benzene, and 1,3- butadiene. The CARB guidance document,Air Quality and Land Use Handbook, recommends that lead agen- E Gies, where possible, avoid citing new sensitive land uses within 500 feet of a freeway,16 urban roads with CU 100,000 vehicles per day, or rural roads with 50,000 vehicles per day. Regional access to the project site is provided by Interstate 210 and Interstate 215. However, both of these freeways are located well over one o mile from the project site. Thus,the project would not locate sensitive land uses within 500 feet of a freeway. N In addition, the average daily trips on nearby roadways are well under the 100,000 limit for urban_ roads.17 For these reasons,no significant impacts are anticipated with respect to mobile source TACs. o ca L Between April 2004 and March 2006, the SCAQMD conducted the Multiple Air Toxics Exposure Study III M (MATES III). The MATES III study, based on actual monitored data throughout the Basin, consisted of several elements. These included a monitoring program, an updated emissions inventory of TACs, and a modeling effort to characterize carcinogenic risk across the Basin from exposure to TACs. The MATES III study applied a 2-kilometer (1.24-mile) grid over the Basin and reported carcinogenic risk within each grid a1 space (covering an area of 4 square kilometers or 1.54 square miles). The study concluded that the average of z the modeled air toxics concentrations measured at each of the monitoring stations in the Basin equates to a cancer risk of approximately 1,200 in 1,000,000 primarily due to diesel exhaust. Based on the MATES III o study, the proposed project is located in an area with an approximate carcinogenic risk of 803 in 1,000,000.18 2 r The carcinogenic risk for nearby surrounding grids ranges from 695 to 1,058 in 1,000,000. As stated above, the proposed project is not in close proximity to any freeways or urban roadways with over 100,000 average daily trips. Accordingly, based on the MATES III data and the substantial reduction of health effects from freeways beyond 300 feet, the impacts from TACs at the project site would not be any higher than those ex- w perienced by the general population in the project area. Therefore, the proposed project would not expose sensitive receptors to substantial increases in health risks and pollutant concentrations relative to the general s population and is considered to have a less than significant impact. Q 15 South Coast Air Quality Management District, 2011, "Facility Information Detail (FIND)," http://www.aqmd.gov/webappl/fim/default.htm. 16 California Air Resources Board,Air Quality and Land Use Handbook, (2005)p. 8-9. The 2002 study of impacts along the t San Diego(I-405)Freeway and the Long Beach(I-710)Freeway cited by CARB in its AirQualidy and Land Use Handbook found a sub- v stantial reduction in pollutant concentrations,relative exposure,and health risk beyond 300 feet. Q 17 Fehr&Peers,2011,Draft Waterman Gardens Master Plan Traffic Impact Analysis. 1s The SCAQMD provides an online MATES III carcinogenic risk interactive map, which is at http://www2.agmd.gov/webappl/matesiii/. The interactive map displays the modeled grids and associated risk within each grid. 26 Packet Pg. 437 For the reasons stated above,the impacts to sensitive receptors would be less than significant. (Less that signif- __ icant) e) Would the project create objectionable odors affecting a substantial number of people based on the information contained in o Project Description Form? e:r During project construction, certain pieces of construction equipment and construction activities could emit o odors associated with exhaust emissions and evaporative VOCs. Diesel odors emitted from construction N equipment would be short term and dissipate quickly. Odors from spray-coating applications of paint and co m related materials during construction would be regulated by SCAQMD Rule 481 (Spray Coating Operations). This rule imposes equipment and application restrictions during spray painting and spray coating operations. Compliance with SCAQMD rules and permit requirements would ensure no objectionable odors would be c i created during construction. Therefore, impacts from odors during construction would be less than signifi- cant. a U The SCAQMD lists land uses primarily associated with odor complaints as waste transfer and recycling sta- tions,wastewater treatment plants,landfills, composting operations,petroleum operations, food and byprod- uct processes, factories, and agricultural activities, such as livestock operations. The proposed project does not include the development and operation of any of these land uses,with the exception of the recycling fa- cility proposed in the northeast corner of the project site. This will be a collection facility only and it is not co anticipated to generate significant odors since the waste will be transported to an off-site location for recy- E cling. In addition, the project is not located downwind and in close proximity to these sources of odors. a; Therefore, it is not anticipated that the project residents would be adversely affected by off-site odorous f° emissions. Therefore,no significant impacts from odors are anticipated from operation of the proposed pro- ject. r°� Any unforeseen odors generated by the proposed project would be controlled in accordance with SCAQMD = Rule 402 (Nuisance). Rule 402 prohibits the discharge of air contaminants that cause"injury, detriment, nui- .2 sane,or annoyance to any considerable number of persons or to the public, or which endanger the comfort, `0 cLa repose,health or safety of any such persons or the public,or which cause,or have a natural tendency to cause �0 injury or damage to business or property." Failure to comply with Rule 402 could subject the offending fa- o cility to possible fines and/or operational limitations in an approved odor control or odor abatement plan, as deemed necessary by the SCAQMD. Adherence to Rule 402 would mitigate unforeseen odors to a less than significant level. m Z Therefore,the proposed project would not have a significant impact on air quality with respect to objectiona- ble odors. (Less than significant) M r Air Quality Mitigation Measures: 2 Although no significant impacts were found as a result of the proposed project, the following dust control measures will be required in order to control fugitive dust emissions during construction: w Y ♦ Limit traffic speeds on unpaved roads to 15 mph. ♦ Install sandbags or other erosion control measures to prevent silt runoff to public roadways. Y ♦ Replant vegetation in disturbed areas as quickly as possible. Q ♦ Limit access to the construction sites,so tracking of mud or dirt on to public roadways can be prevented. If necessary, use wheel washers for all exiting trucks, or wash off the tires or tracks of all trucks and Ee equipment leaving the site. Y ♦ Suspend excavation and grading activity when winds (instantaneous gusts) exceed 20 mph or dust clouds Q cannot be prevented from extending beyond the site. 27 Packet Pg.438 6.B.g Less Than Significant Potentially With IV. BIOLOGICAL RESOURCES Significant Mitigation Less Than No rN,� Would the project: Impact Incorporated Significant Impact N a) Have a substantial adverse effect, either directly or through Q habitat modifications,on any species identified as a candidate, Cn sensitive, or special status species in local or regional plans, ❑ ❑ ❑ ❑ 04 policies, or regulations, or by the California Department of T Fish and Game or US Fish and Wildlife Service? 2 b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or re- ❑ ❑ ❑ ® e^ gional plans, policies, regulations or by the California De- partment of Fish and Game or US Fish and Wildlife Service? n c) Have a substantial adverse effect on federally protected wet- U lands as defined by Section 404 of the Clean Water Act (in- cluding, but not limited to, marsh, vernal pool, coastal, etc.) ❑ ❑ ❑ ❑ -^ c through direct removal, filling, hydrological interruption, or m other means? R d) Interfere substantially with the movement of any native resi- dent or migratory fish or wildlife species or with established L native resident or migratory wildlife corridors, or impede the ❑ ❑ ❑ ® E use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting bio- logical resources,such as tree preservation policy or ordinanc- ❑ ❑ ❑ es? M f) Conflict with the provisions of an adopted Habitat Conserva- N don Plan, Natural Community Conservation Plan, or other ❑ ❑ ❑ approved local,regional,or state habitat conservation plan? p g) Other: ❑ ❑ ❑ ❑ L CU U Existing Conditions p The project site is in an urbanized, extensively developed area near the center of the City of San Bernardino. Currently developed with residential development and related buildings,the project site has active recreation ca open space areas,consisting primarily of turf and landscaping,and just under 500 trees. Many of the existing Z trees are in poor health and condition. m Portions of the City of San Bernardino fall within the U.S. Fish and Wildlife Service (USFWS) Designated Critical Habitats of the San Bernardino kangaroo rat and California gnatcatcher.19 These habitats are limited to the areas along the base of the San Bernardino Mountains in the northern part of the City,the Santa Ana 0 River, and the northwestern edge of the City.20 The project site does not fall within areas designated in the City's General Plan as potential habitat for sensitive wildlife or biological resource areas.21 w c There is no approved Habitat Conservation Plan,Natural Community Conservation Plan, or other approved E habitat conservation plan for the valley portion of San Bernardino County,including the City of San Bernar- dino. Q c to E U tB r 19 City of San Bernardino,2005,General Plan Update and Associated Specific Plans EIB,page 5.3-3 Q 20 City of San Bernardino,2005,Genera!Plan Update and Associated Specific Plans EIB,page 5.3-5. 21 City of San Bernardino,2005,General Plan Update and Associated Specific Plans EIR,pages 5.3-5 and 5.3-11. 28 Packet Pg.439 Discussion a) Would the project have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans,policies, or regulations, or by the California Depart- _ ment of Fish and Game or US Fish and Wildlife Service? N N As described above in existing conditions,the project site does not occur within an area designated as poten- Q tial habitat for sensitive wildlife or a biological resource area. The site and surrounding area occur within a 6 j developed and highly disturbed area. No substantial adverse effect,either directly or through habitat modifi- N cations, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by CDFG or the USFWS is anticipated. Therefore, no impacts are anticipated. a (No Impact) a t 1 b) Would the project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans,policies, regulations or by the Cal forma Department of Fish and Game or US Fish and Wildlife Ser- a vice? U i According to Figure 5.3-2 of the General Plan EIR(see Figure 5 below),no riparian habitat occurs on or near the project site.22 Therefore,the project would not have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by CDFG or USFWS. Therefore,no impacts are anticipated. !No Impact) L a c) Would the project have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act(including, but not limited to, marsh, vernal pool, coastal, etc.)through direct removal,filling hydrological interiztp CU tion, or other means? ,. The project site is not within an identified protected wetland,nor near any jurisdictional drainage and would not have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including,but not limited to, marsh,vernal pool, coastal, etc.) through direct removal, filling,hy- drological interruption, or other means, (see Section VIII for additional discussion).23 Therefore,no impacts p are anticipated. (No Impact) m I d) Would the project interfere substantially with the movement of any native resident or migratory fish or wildlife species or with o established native resident or migratory wildlife corridors, or impede the use of native wildlfe nursery sites? The proposed project site is developed and surrounded by existing development and therefore,is unlikely to M provide an important location relative to regional wildlife movement. Wildlife movement near the site has z been restricted by development, including road construction and high levels of vehicular traffic. Therefore, project implementation would not impact a local or regional wildlife corridor and no impacts are anticipated. M (No Impac6 e) Would the project conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinances? w The proposed project would not conflict with any local policies or ordinances protecting biological resources, as there are no identified biological resources on the project site that are subject to such regulation. In addi- don, the project site is not located within an identified sensitive habitat or biological resource area. There- 0 fore,no impacts are anticipated. (No Impact) 10 Q c t nz r � Q j 22 City of San Bernardino,2005,General Plan Update and Associated Specific Plans EIR,page 5.3-11. 23 City of San Bernardino,2005,General Plan Update and Associated Specific Plans EIR,page 5.3-11. 29 Packet Pg.440 -6Ldno/suapaeo umiaiew 0£6Z) uOi}eJeJ390 ani;e6ON pa;e6iM OM-3;u9wt43elly :;u8wLjOeUv 00 t6 ° � t6 z z s w Z e DaT m a vC O m 0 'b cd A O C0 ❑ O L w u N O C W Q w N v' O m fa P. V V rnP' J LL U Z � ° O U �f J a O 0 m Z MW Q E w F Q i 3 A .ti a ..o. �°:.. - - `*,•�� � ..: � •- �4TNnC� � z tea,�W�S - el - �;• q• �� Cf a I ro r•�- f'P c ¢° o .`'-.3. c P E v m `o u 0 0 fi Would the project conflict with the provisions of an adopted Habitat Conservation Plan,Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? There is no adopted Habitat Conservation Plan (HCP), Natural Community Conservation Plan (NCCP), or N other approved local, regional, or State habitat conservation plan in the City of San Bernardino. Therefore, g the proposed project would not conflict with the pro-visions of an HCP, NCCP or other habitat conservation Q plan,and no impacts are anticipated. (No Impact) ❑ o� N Biological Resources Mitie-ation Measures: None required. E- M r r a U c m L U _ E L .h+ CO M N C Q N L V d ❑ d Z Y R w 0 w _ d E t V R a w E s w w a 31 6.B.g Less Than Significant Potentially gnific nt With V. CULTURAL RESOURCES _ Significant Mitigation Less Than No N 0 Would the project: Impact Incorporated Significant Impact a) Be developed in a sensitive archaeological area as identified in U Li the City's General Plan? rn b) Cause a substantial adverse change in the significance of an ® Li N El archaeological resource pursuant to 515064.5 of CEQA? 00 c) Cause a substantial adverse change in the significance of a El E n El historical resource as defined in§15064.5 of CEQA? d) Directly or indirectly destroy a unique paleontological re- El ® U source or site or unique geologic feature? r e Disturb any human remains,including hose interred outside `- of formal cemeteries? g ® U f) Other: F1 ❑ t� c m Existing Conditions The following discussion is based on the Archeological Assessment Literature Study and the Historic Re- source Evaluation prepared by Cogstone Resource Management, Inc. in May 2011 (Appendix B and C, re- spectively). E m Archeological Assessment z The Archeological Assessment Literature Study included a records search,Native American Sacred Lands file o search, consultation with Native American Tribes and individuals, and assessment of previously known cul- tural resources within the project area. The historic resource assessment and evaluation included an inspec- tion of the buildings and landscape that comprise the project site, combined with a review of local and re- gional historic archives regarding the complex. The criteria of the National Register of Historic Places (NRHP)were used to assess the historical significance of Waterman Gardens. There have been no previous M investigations of the built-environment resources on the property known as Waterman Gardens. a0i The archeological record search, completed on May 2, 2011 at the San Bernardino Archaeological Infor- mation Center,indicated there are no previously recorded archaeological sites and no prior studies within the project area. Four historic-era resources are known and eight prior archaeological studies have been complet- z ed within a one-mile radius of the project area. The four known historic-era resources within a one-half-mile CD radius of the Area of Potential Effect(APE),shown in Figure 2 in Appendix B,include a historic cemetery,a i road and several structures. According to the Native American Heritage Commission (NAHC) there are no known sacred lands in the project vicinity,shown in Figure 1 in Appendix B.24 The affiliations of early Native American peoples of the project area are poorly understood. They were re- placed about 1,000 years ago by the Gabrielino (Tongva)who were semi-sedentary hunters and gatherers. At w European contact, the Gabrielino tribe consisted of more than 5,000 people living in various settlements throughout the area. The project area was not home to any known major Gabrielino villages. However, E smaller villages and seasonal camps were present in the project area. @ co Q Historic Resources Evaluation The historic resource evaluation found that Waterman Gardens is eligible for listing under Criterion A of the E National Register of Historic Places (NRHP) for its association with the Housing Act of 1937 and as a good example of a "garden style" type of housing complex. Waterman Gardens was constructed as a direct out- y r Q Q 24 Singleton, Dave. Native American Heritage Commission, Personal Communication with Sherry Gust of Cogstone Re- source Management,April 28,2011. 32 Packet Pg.443 6.B.g come of the Housing Act and its ability to fund the capital costs of constructing low-income housing in San Bernardino County. The complex integrated relatively low-cost housing units within a thoughtfully land- scaped and community setting, reflective of the influence of social reformers and early twentieth-century planners. Waterman Gardens is also eligible under Criteria C as a good example of the"garden style"public o housing complex design dating from 1943 to 1950. cv IWhile the Waterman Gardens housing units have been slightly altered over time, they still retain their ability � to convey their historic significance. The modestly designed housing units at Waterman Gardens retain their N integrity of location, design, setting, materials,workmanship, feeling and association. The low-pitched roofs m and wide overhanging eaves, combined with the sparse stucco finish and placement of windows, brought a modern aesthetic to the project. I � Discussion a a) Would the project be developed in a sensitive archaeological area as identified in the City's General Plant U The project site is not located within a sensitive archeological area as identified in Figure 5.4-2 of the City's General Plan EIR(see Figure 6 below). Therefore,no impacts are anticipated. (No Impact) b) Would the project cause a substantial adverse change in the significance of an archaeological resource pursuant toff 15064.5 of CE QA E There are no known archaeological resources present on the surface of the project site, and there are no known subsurface archaeological resources present. No direct impacts to known archaeological resources are anticipated. However,the project area is considered to have a low to moderate sensitivity for the discovery of prehistoric,ethnohistoric,and historic-era cultural resources,and there is potential for the existence of buried M or undocumented surface archaeological materials within the project area. Impact CUL-1: Grading, over excavation, and trenching would be required for foundations and utilities. Q These activities would likely be up to 10 feet below the existing ground surface. Therefore,buried and previ- ously unknown archaeological resources could be encountered during the construction phase of the project, U and the project could cause a substantial adverse change in the significance of an archaeological resource pur- suant to 515064.5 of CEQA. Mitigation Measure CUL-1 is required to reduce potential impacts in the unlike- ly event that archaeological resources are encountered during the construction phase. Mitigation Measure CUL-1 would reduce impacts to less than significant levels. No additional mitigation measures are proposed and impacts would be less than significant with mitigation. (Less than significant with mitigation) Z a� r Mitigation Measure CUL-1: On an ongoing basis during the construction phase of the project, a certified a, archaeologist shall monitor grading and excavation operations for ground-disturbing activities within native soils/sediments only; not in previously disturbed areas. The archeologist should meet the Secretary of the Interior's Standards for archaeologists. In addition, a Native American monitor from a federally-recognized tribe should monitor alongside the certified archaeologist. w In the event that cultural resources are exposed during project implementation,the archeologist must be em- powered to temporarily halt construction activities in the immediate vicinity of the discovery while it is evalu- ated for significance. Construction activities could continue in other areas. If cultural resources are discov- ered while the archaeologist is not present,work in the immediate area must be halted and the archaeologist Q notified immediately to evaluate the resource(s) encountered. If any cultural resources discovery proves to be significant, additional work, such as data recovery excavation, may be warranted and would be discussed in consultation with the Housing Authority of the County of San Bernardino (HACSB). Prehistoric or ethno- historic materials within the project area might include flaked stone tools, tool-making debris, stone milling cc tools,pottery, culturally modified animal bone, fire-affected rock, or soil darkened by cultural activities (mid- Q den). Historical materials might include building remains; metal, glass, or ceramic artifacts; or debris. Arti- facts less than 50 years old do not require further work. 33 Packet Pg.444 CITY OF SAN BERN A W A T E R M A N G A R D E N S M A S T F R PLAN I S/M N D 1. r r� O r 1 r N •� 1 ++ ,w N 00 r m l ' ;�. .r T y I ` U f4 t S�•.. i ' r r °'r E � i•< ems+ i ~. � 1 r -_.• � i 1 ri O co raars< 66 O r N i L s� Q Y r f Z !1 I) C•F+ ,G V.� Area of Concern for Archaeological Resources a) Urban Archaeological District -Historical E Archaeological Resources of 19th Century San Bernardino v NOTTOSCALE w r— City Boundary Q I Sphere of Influence c ----- aD E Source:City of San Bernardino General Plan,EIR 2005. Z Z Q FIGURE 6 ARCHAEOLOGICAL SE " Packet Pg.445 c) 1Flould the pmject cause a substantial adverse change in the significance of a historical resource as defined in 5 5064 of of ..+' CEQA1 Impact CUL-2: Although there are no historical resources on the project site that have been listed in the N State Historical Resources Commission or the National Register of Historic Places (NHRP), the Waterman Gardens housing complex has been found eligible for listing in the NHRP. Therefore,the proposed project activities to remove by demolition the existing buildings will be considered an adverse effect. Adverse effects o are associated with adverse indirect and/or direct effects which include alteration, physical destruction, re- N moval of a property from its historic location,change in the character or use of a property's physical features within its setting that contributes to a historic properties significance, and introduction of visual changes, shadows,or changes in use that diminish the integrity of the property's significant features. With compliance with Mitigation Measures CUL-2a and 2b however, the impact to historical resources would be less than sig- nificant. (Less than significant with mitigation) ' T a Mitigation Measure CUL-2a: In the event that activities associated with the proposed project cannot be v implemented in a manner that meets adherence to Secretary of the Interior's Standards for the Rehabilitation of Historic Properties, the project proponent/owner shall prepare a Historic American Building Survey (HABS) document pursuant to Section 110(b) of the National Historic Preservation Act(NHPA). CU 0 Prior to any action, a Secretary of the Interior-qualified professional photographer shall perform photo doc- umentation and a qualified historian or architectural historian will prepare written documentation consistent E with the standards of the National Parks Service HABS. HABS documentation is described by the National ; Parks Service as the last means of preserving a historic property. The documentation of a property that is to z be demolished preserves its history for future researchers. 0 Cl) The project proponent will be required to prepare a HABS document to create a comprehensive understand- N ing of the resource. The HABS document will consist of the following: _ g ♦ All the buildings and structures of Waterman Gardens should be photo documented by a professional L Iphotographer familiar with presenting the correct spatial relationship of the individual structures of the resource, and of the resources context to the surrounding landscape. It is recommended that the front n and rear elevations of each type of housing unit (A, B, C, D, or E) be photographed. A representative group of photographs (not exceeding eight) should be taken of street viewscapes and of the area between CO housing units (for example: the area behind the units in Sycamore and Elm Circle). Digital color photo- graphs are recommended with a representative sampling of photographs developed on paper to at least z 5"x 7"photographs. ca ♦ HASBC has a digital copy of the full set of the original blueprints of Waterman Gardens dating from ^' Y 1942. Additional digital copies of the blueprints should be produced to document the physical properties of the housing complex. r� ♦ The text of the Historic Context and Historic Structures Evaluation sections found within Cogstone His- w toric Resource Evaluation of Waterman Gardens Public Housing Complex should suffice as the written = history of Waterman Gardens. The text section of the HABS document should be printed on archivally E stable paper. ♦ At least four complete copies of the Waterman Gardens HABS document will be prepared. One will be Q delivered to the California Room at Feldheym Branch of the City of San Bernardino Library. The others .r will be delivered to the Water Resources Institute at California State University-San Bernardino;the Her- itage Room at A.K. Smiley Library, City of Redlands; and Pfau Library Special Collections at California t State University-San Bernardino. U Mitigation Measure CUL-2b: In connection with HABS documentation, the project proponent/owner Q shall develop an interpretive signage concerning the history of Waterman Gardens. The signage would be 35 Packet Pg.446 6.B.g based on available historic photographs of the housing complex when it was first constructed and the history of the property contained within this report. It is recommended that the signage be located in an interior space open to the public and residents. _ I0 d) Would the project directly or indirectly de troy a unique paleontological resource or site or unique geologic feature? 04 The project site is located in an urbanized area which has already experienced a high level of disturbance. There are no known paleontological resources or unique geologic features associated with the project site. N Therefore,it is not likely that the project would have direct or indirect impacts'on unique paleontological re- 00 sources or geologic features. Impact CUL-3: The project may require excavation at depths up to 10 feet below existing ground surface c^, on the project site. Therefore,the project has the potential to destroy buried and unknown,previously undis- covered, subsurface resources during grading and construction of the project. This is a potentially significant a adverse impact of the project. In the unlikely event that unique paleontological resources are encountered U during construction,Mitigation Measure CUL-3 could be implemented to reduce impacts to less than signifi- cant levels. (Less than significant with mitigation) a Mitigation Measure CUL-3: Should resources be unearthed during grading;a vertebrate paleontologist shall be contacted to determine the significance, and make recommendations for appropriate mitigation measures in compliance with CEQA guidelines. E L a� e) Would the project disturb any human remains,including those interred outside of formal cemeteries? a There are no known grave sites on the project site, and the disturbance of human remains is not anticipated. o However,in the unlikely event that human remains are encountered during construction, the Native Ameri- Cl) ® can Graves Protection and Repatriation Act of 1990 (NAGPRA) and State Health and Safety Code Section 7050.5 would apply. A NAGPRA discovery does not necessarily solely entail human remains;it can include o associated or unassociated funerary objects,sacred objects,and cultural patrimony. c According to the provisions of NAGPRA,all work in the immediate vicinity of the discovery must cease,and Q any necessary steps to insure the integrity of the immediate area must be taken. The HACSB and HUD would be immediately notified. HUD, as managing agency, would be responsible for compliance with NAGPRA. NAGPRA requires federal agencies,such as the NPS,to cease activity around the discovery,pro- tect the items,and provide notice to Native American tribes with an interest in the items and determine final Z disposition of these items,including,if required,repatriation. As the discovery would also constitute a histor- ic property, consultation under the "discoveries without prior planning" clause of the NHPA would also be c�c required. NHPA requires federal agencies in discovery situations to make reasonable efforts to avoid, mini- _ mize, or mitigate adverse effects to such properties and initiate consultation with the State Historic Preserva- tion Officer (SHPO) and Tribal Historic Preservation Officer (THPO) to resolve potential adverse effects. Activities in the area would resume only after proper authorization is received from HUD. w w State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section E 5097.98. The Contractor must notify the County Coroner of any human remains immediately. If the remains are determined to be prehistoric, the Coroner would notify the Native American Heritage Commission Q (NAHC) which would determine and notify a Most Likely Descendant (MLD). With the permission of the landowner or his/her authorized representative, the MLD may inspect the site of the discovery, and shall complete the inspection within 24 to 48 hours of notification by the NAHC. The MLD would have the op- E portunity to confer with the property owner on recommendations to the NAHC on the disposition of the w remains. Q 36 Packet Pg.447 With compliance with the regulations described above,impacts to human remains would be less than signifi- cant. (Less than signifzcan� Cultural Resources Mitigation Measures: CUL-1: On an ongoing basis during the construction phase of the project,the contractor and Project Propo- nent/Owner shall monitor grading and excavation operations for subsurface archaeological and paleontologi- `r Q cal resources. If archaeological and/or paleontological resources are encountered, grading operations near a� these resources shall cease and the contractor shall notify the Planning Division and the Grading Inspector of CO the find. The Project Proponent/Owner shall provide proof to the City Planning Division that a qualified individual has been hired to determine the significance of the resources and the requirement for further moni- toring and proper treatment meeting the intent of§15064.5 of the CEQA Guidelines. !Z CUL-2a: In the event that activities associated with the proposed project cannot be implemented in a man- n ner that meets adherence to Secretary of the Interior's Standards for the Rehabilitation of Historic Properties, U the project proponent/owner shall prepare a Historic American Building Survey (NABS) document pursuant to Section 110(b) of the National Historic Preservation Act(NHPA). a� -a Prior to any action, a Secretary of the Interior-qualified professional photographer shall perform photo doc- umentation and a qualified historian or architectural historian shall prepare written documentation consistent c with the standards of the National Parks Service HABS. NABS documentation is described by the National Parks Service as the last means of preserving a historic property. The documentation of a property that is to be demolished preserves its history for future researchers. The project proponent will be required to prepare a HABS document to create a comprehensive understand- Q ing of the resource. The HABS document will consist of the following: N ♦ All the buildings and structures of Waterman Gardens should be photo documented by a professional photographer familiar with presenting the correct spatial relationship of the individual structures of the resource, and of the resources context to the surrounding landscape. It is recommended that the front and rear elevations of each type of housing unit (A, B, C, D, or E) be photographed. A representative group of photographs (not exceeding eight) should be taken of street viewscapes and of the area between housing units (for example: the area behind the units in Sycamore and Elm Circle). Digital color photo- graphs are recommended with a representative sampling of photographs developed on paper to at least a, 5"x 7"photographs. ) ♦ HASBC has a digital copy of the full set of the original blueprints of Waterman Gardens dating from 1942. Additional digital copies of the blueprints should be produced to document the physical properties of the housing complex. ♦ The text of the Historic Context and Historic Structures Evaluation sections found within Cogstone His- toric Resource Evaluation of Waterman Gardens Public Housing Complex should suffice as the written history of Waterman Gardens. The text section of the HABS document should be printed on archivally- w c stable paper. � E * At least four complete copies of the Waterman Gardens HABS document shall be prepared. One shall be delivered to the California Room at Feldheym Branch of the City of San Bernardino Library. The w others shall be delivered to the Water Resources Institute at California State University-San Bernardino; Q the Heritage Room at A.K. Smiley Library,City of Redlands;and Pfau Library Special Collections at Cali- fornia forma State University-San Bernardino. E t CUL-2b: In connection with HABS documentation, the project proponent/ Q owner shall develop an interpretive signage concerning the history of Waterman Gardens. The signage would be based on available historic photographs of the housing complex when it was first constructed and the his- 37 Packet Pg.448 �6Bg ; tory of the property contained within this report. It is recommended that the signage be located in an interior space open to the public and residents. CUL-3: Should resources be unearthed during grading, a vertebrate paleontologist shall be contacted to de- Q termine the significance,and make recommendations for appropriate mitigation measures in compliance with CM CEQA guidelines. Q 0 N CO CO cTc G M T a U c� c (D L R c c� E L d M M C) C O O L V O Q CT d Z O as M W C N E t 0 !C r.+ Q C O E v t0 Q 38 Packet Pg.449 Less Than Significant Potentially With VI. GEOLOGY AND SOILS Significant Mitigation Less Than No N Would the project: Impact Incorporated Significant Impact a) Involve earth movement(cut and/or fill)based on information 1:1 ® 1:1 1:1 in the Project Description Form? b) Expose people or structures to potential substantial adverse N effects, including the risk of loss, injury, or death, involving: '^ rupture of a known earthquake fault; strong seismic ground ❑ ® ❑ ❑ shaking; seismic-related ground failure, including liquefaction; and/or landslides,mudslides,or other similar hazards? c^ c) Be located within an Alquist-Priolo Earthquake Fault Zone? ❑ ❑ ❑ T d) Result in substantial soil erosion or the loss of topsoil? ❑ ® ❑ ❑ e) Be located within an area subject to landslides,mudslides,sub- U sidence, or other similar hazards as identified in the City's Li ❑ ❑ Li c General Plan? a) f) Be located within an area subject to liquefaction as identified in E] El the City's General Plan. g) Modify any unique physical feature based on a site sur- vey/evaluation? El 1:1 El ❑ h) Result in erosion, dust, or unstable soil conditions from exca- ❑ ® ❑ ❑ +) vation,grading,fill,or other construction activities? i) Other: ❑ ❑ ❑ ❑ 0 M Q Existing Conditions N The following discussion of existing conditions is based on the Engineering Geology Investigation prepared o by C.H.J. Inc. in December 2010 (Appendix D). The purpose of the investigation was to evaluate the engi- neering geologic conditions at the project site and to address the engineering geologic concerns and hazards f to the project. The investigation included a review of published and unpublished literature and maps,review and analysis of aerial photographs, a geologic field reconnaissance of the site and surrounding area,review of a,� pertinent geotechnical investigations performed on sites in the close vicinity,and an evaluation of the geolog- ic data to develop site-specific recommendations for the redevelopment of the site. Z The terrain of the project site is generally flat and underlain by mid Holocene age alluvial fan deposits and Pleistocene age alluvial deposits consisting primarily of clayey sand and cemented gravel. The project site is `rs°., not located within an Alquist-Priolo Earthquake Fault Zone and the closest Alquist-Priolo Earthquake Fault Zone is associated with the San Jacinto fault, located southwest of the site. More large historic earthquakes L have occurred on the San Jacinto fault than any other fault in Southern California. The San Bernardino seg- ment of this fault zone is located approximately 2-%miles southwest of the project site. The San Jacinto Val- w ley segment of the San Jacinto fault zone is located approximately 11 miles southeast of the site. The Work- _ ing Group on California Earthquake Probabilities tentatively assigned a 43 percent (±17 percent) probability of a major earthquake on the San Jacinto Valley segment of the San Jacinto fault for the 30-year interval from 1994 to 2024. R Q The San Andreas fault zone is located along the southwest margin of the San Bernardino Mountains, approx- imately 31/4 miles northeast of the project site. The San Andreas fault and the San Jacinto fault pose the greatest seismic shaking hazard to the site. The Working Group on California Earthquake Probabilities tenta- tively assigned a 28 percent(±13 percent) probability to a major earthquake occurring on the San Bernardino Mountains segment of the San Andreas Fault between 1994 and 2024. Q 39 Packet Pg.450 The southern margin of the San Gabriel Mountains is coincident with a series of east-west trending,predom- inantly reverse, and thrust faults known as the Transverse Ranges frontal fault system. The San Fernando fault of this system ruptured during the 1971 magnitude M 6.7 San Fernando earthquake. The Cucamonga fault of this system is located at the base of the San Gabriel Mountains, approximately 9-'/2 miles northwest c of the project site. The mapped trace of the Loma Linda fault is located approximately 3-'/z miles south of N the project site. The Loma Linda fault is not considered to represent a significant seismic hazard to the pro- < ject site. N Based on the nature of the underlying geologic materials, the gentle site topography, and the lack of visible T' evidence,landsliding is not anticipated to be a hazard to the project. Figure S-6 of the General Plan indicates that the site and most of the southern portion of the City is in an area with high potential for subsidence (see Figure 7 below). Subsidence involves reduced ground elevations from natural and manmade activities. His- torically the area has been subjected to subsidence from groundwater extraction associated with groundwater pumping from aquifers. Subsidence leads to permanent loss of aquifer capacity and can cause structural D damage to buildings and paved areas. The water district has implemented aquifer extraction and recharge U strategies which have stabilized subsidence in this area. a� The project site is located within an area with high liquefaction potential,as shown in General Plan Figure S-5 (see Figure 8 below). Soil liquefaction is a state of soil particles suspension caused by a complete loss of strength when the effective stress drops to zero. Liquefaction can occur as a secondary seismic hazard in are- as subject to strong ground shaking where granular soils and high groundwater conditions are present. As E described in the geotechnical study, the minimum depth to groundwater in the area of the site was approxi- mately 40 feet below grade for the time period from 1973 to 1983. The current depth to groundwater is es- timated to be approximately 200 feet based on data from State Well No. 01S/04W-02D006S, located on or io near the site. This measurement is from a deep well that may or may not reflect static water levels in the up- N per,unconfined aquifer at the site. Therefore,shallow groundwater levels may be present. The City's Building Code (Title 15 of the City of San Bernardino Municipal Code) establishes administrative procedures,regulations,required approvals,and performance standards for the erection,construction, altera- don,repair,removal,and maintenance of all buildings and other structures in the City. The intent of the code a) is to provide minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the design,construction,quality or materials,use and occupancy,location and maintenance of CO all buildings and structures within the City. m Z The California Building Code (CBC) is another name for the body of regulations known as the California m Code of Regulations (C.C.R.),Title 24, Part 2,which is a portion of the California Building Standards Code. o Tide 24 is assigned to the California Building Standards Commission,which,by law,is responsible for coor- dinating all building standards. Under State law,all building standards must be centralized in Title 24 or they are not enforceable. Published by the International Code Council (ICC),the International Building Code is a widely adopted model building code in the United States. The CBC incorporates by reference the Interna- tional Building Code with necessary California amendments. About one-third of the text within the CBC has W r been tailored for California earthquake conditions. E Discussion a) Would the project involve earth movement(cut and/orfill)based on information included in the Project Description Form? Q Moderate site preparation and grading are expected with the proposed development. A total of 30,000 cubic c yards of cut and 50 000 cubic yards of fill are proposed as art of the project, resulting in a total change of E Y > Y P p P P j g � g E 20,000 cubic yards of fill. The site is relatively flat and proposed grading would not result in significantly al- tered grades. The maximum cut and fill depths are 3 feet on most parts of the site,with the exception of the w detention basins,where the maximum depth will be 6 feet. The impacts associated with earth movement Q Q four on the site are anticipated to be less than significant. (Less than significant) 40 Packet Pg.451 CITY OF SAN BERN A W A T E R M A N G A R D E NS M A S T E R P LAN I S/M N D N l o 1 N 1 r I 1 L 1 T CL U 1 c L II _ fSS { l 1 0 L CD •::P:..;: NA {iiiiE ?E{EEEEEiEii EEEiiiiEE:; :i::: iE';i;iyEEi;'?i;'YI;iE'i:::.:.: :{•:. t0 i EEEEEi:E:EEE`% Eii�iii.� .::�SiEi{E7i•`:: r•: M x e •`^1%i�t P i•1-P� T. °•68;. N ..?. iiii'�3iiiiiiiS:?iieS:ii?Eciiii"::" Eii�:•;::ici::i:liii:..o-............:.: .::::•:::::::o- "i7iEi:i:i{i'•E`iEi::{:: .!�-r7:E:isisi li:iiiiiE{iii:i: :i:i:E:i:E:E'P C O E V :i > IV 11" �I d z Note: Degree of subsidence dependent on groundwater levels. Historic subsidence may have occurred in above area. LI I (After Fife and others,1976) e, C d V Areas of Potential Ground Subsidence Ha trna nn Q City Boundary ° 10'00° Sphere of Influence Boundary Source:City of San Bernardino General Plan,2005. tD0 0 r Q FIGURE 7 POTENTIAL SUBSID Packet Pg.452 CITY OF SAN BERN A W A T E R M A N G A R D E NS M A S T E R PLAN I S/ M N D H L H � 1 % tH � m �r ---------- L— —- a 1 H t � U t ` 1 1dh3 l % _ M H H CD o G e N rwn.mb 66 - GG to Ah O i _ .�� MHM m � , Y H d t Z .a MHM M _ Note:Not to be used as a substitute for site-specific geotechnical liquefaction `H Approximate Location of Areas of induced ground failures should be addressed. Boundaries between susceptibility zones will shift if ground water conditions raise or lower over time. Zonations based on W High Liquefaction Susceptibility sub-surface geology,ground water levels,and maximum credible earthquakes on the San Andreas Fault System,the San Jacinto Fault System and the Cucamonga Fault. HMH t Approximate Location of Areas of i .. pp (Aker Matti and Carson,1986) Moderately High to Moderate Liquefaction Susceptibility R City Boundary saotxu 'en Q ------;Sphere of Influence Boundary (D E .c U Source:City of San Bernardino General Plan,2005. r w Q FIGURE 8 LIQUEFACTION SUS Packet Pg.453' b) Vould the project expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: rupture of a known earthquake fault;strong seismic ground shaking seismic-related ground failure, including liquefaction;and/or landslides,mudslides, or other similar ha.Zardsz? Impact GEO-1: Earthquakes, due to their ground acceleration and shifting, can cause major damage to c buildings and create dangerous hazards to people through injury or death. As concluded in the geotechnical investigation, severe seismic shaking of the project site can be expected during the lifetime of the proposed p structures,due to the proximity of the San Jacinto,San Andreas,San Bernardino, and Cucamonga faults. As N described in existing conditions, the San Jacinto and San Andreas faults pose the greatest risk for seismic m shaking of the project site. Development on the project site must mitigate these potential hazards through strict adherence to the California Building Code (CBC) and recommendations by geotechnical engineers. F The project site is also potentially subject to liquefaction and has the potential to cause adverse impacts in- cluding risk of loss,injury or death. As concluded in the geotechnical investigation, conditions conducive to p landsliding are not present at the site. Mitigation Measures GEO-1a through 1h, are recommended to mini- . U mite structural damage on the project site due to strong seismic ground shaking and associated liquefaction. m t= a� With compliance with the CBC and Mitigation Measures GEO-1a through lh,the impacts would be less than L significant. (Lest than significant with mitigation) c m Mitigation Measure GEO-1a: Prior to issuance of Grading Permits,a licensed geotechnical consultant shall E review the final grading and foundation plans to finalize the geotechnical recommendations for the project. ; Said recommendations shall be incorporated into the plans for the project as notes and specifications,which shall be verified during plan check by the City of San Bernardino Engineering and Building Department. 0 M Mitigation Measure GEO-1b: Ongoing during rough grading, areas of active grading shall be tested and N field monitored by a qualified geotechnical consultant pursuant to the final geotechnical recommendations. Said monitoring and testing shall be documented in a log and shall remain on-site during the construction ° phase for review by the City Inspector. Mitigation Measure GEO-lc: To minimize post-construction soil movement and to maintain the seismic- o induced settlement within tolerable limits,it is recommended that at least 5 feet below the base of the foot- > ings and the slab system be excavated,moisture-conditioned as necessary,and recompacted to a minimum of 90 percent of maximum density based on ASTM D1557 Test Method. d Z Mitigation Measure GEO-1d: A representative of the geotechnical engineering firm will be present during r all site clearing and grading operations to test and observe earthwork construction. The geotechnical engineer rn will reject any material that does not meet compaction and stability requirements. U Mitigation Measure GEO-le: Prior to issuance of permits,project plans shall include the geotechnical en- gineer's recommended treatment of fill material as a note. The potential for structural damage at the site can w be minimized by constructing the proposed building on compacted fill. For preliminary planning purposes,a remedial removal depth of 36 inches could be utilized in building pad areas. Remedial removals should in- clude all existing fill and any native materials deemed geotechnically unsuitable for support of structures and fill. a Mitigation Measure GEO-1f: To minimize the potential soil movement, the upper 18 inches of soil within building or exterior flatwork areas should be non-expansive fill. The fill material should be a well-graded silty a) E sand or sandy silt soil. A clean sand or very sandy soil is not acceptable for this purpose. w Mitigation Measure GEO-1g: The replacement soils should extend 5 feet beyond the perimeter of the a building. The nonexpansive replacement soil should be compacted to at least 90 percent relative compaction 43 Packet Pg.454 based on ASTM D1557 Test Method. The exposed native soils in the excavation should not be allowed to dry out and should be continuously moist prior to backfilling. Also slab-on-grade continuous footings shall be nominally reinforced to minimize cracking and vertical off-set. N O Mitigation Measure GEO-1h: Prior to the placement of non-expansive Engineered Fill, the exposed Sub- N grade in building pad,exterior flatwork,and pavement areas shall be scarified to a depth of 12 inches,worked Q until uniform and free from large clods,moisture-conditioned to at least 2 percent above optimum moisture, C3 zii and re-compacted to a minimum of 90 percent of maximum density based on ASTM D1557 Test Method. K! Over-saturated soils shall be allowed to dry to approximately 2 percent above optunum moisture before re- compaction. r M c) Would the project be located within an Alquist-Priolo Earthquake Fault Zone? The project site is not located within an Alquist-Priolo Earthquake Fault Zone. Therefore,no impact is antic- n ipated. (No impact) v d) Would the project result in substantial soil erosion or the loss of topsoil? C Impact GEO-2: As described in the geotechnical study, the surficial native materials at the site are mapped u as mid Holocene age alluvial fan deposits of sand and cobbly alluvium and Pleistocene age alluvial deposits consisting primarily of clayey sand and cemented gravel. Implementation of mitigation measures GEO-2a and 2b would ensure no unstable soil conditions would occur due to excavation, grading, or fill activities. E L However, during the construction phase, project dust may be generated due to the operation of machinery tu on-site or due to high winds. Additionally,erosion of soils could occur due to a storm event. The City's ad- ministrative review process for issuance of Grading Permits requires a Storm Water Pollution Prevention �o Program (SWPPP) approved by the City as well as a Fugitive Dust Emissions Control Plan approved by the N South Coast Air Quality Management District prior to issuance of Grading Permits. These plans include Best Management Practices such as regular sweeping of track-out areas,covering haul loads,use of sand bags and o silt fences,and regular watering of surface soils during active grading. These practices would be implemented during the construction phase and field verified by the City Inspector. Implementation of Mitigation U Measures GEO-2a and 2b and the City's administrative review process for Grading Permits will reduce soil 0 erosion during construction to less than significant levels. (Less than significant with mitigation) a� Mitigation Measure GEO-2a: Dewatering waterproofing will be required should structures or excavations extend below the groundwater table. If groundwater is encountered, a geotechnical engineering firm shall be z consulted prior to dewatering the site. y m Mitigation Measure GEO-2b: Project site winterization consisting of placement of aggregate base and pro- tecting exposed soils during construction shall be performed. e) Would the project be located within an area subject to landslides, mudslides, subsidence, or other similar hazards as identi- fied in the City's General Plan? w r c As described above in existing conditions, landslides are not anticipated to be a hazard to the project site. E The project site is located within an area identified in the General Plan as having potential for subsidence. However, the risk of subsidence is not anticipated to be significant given the aquifer extraction and recharge ."�. strategies implemented by the water district,which have stabilized subsidence in the area and will continue to Q maintain aquifer capacity in this way. Therefore,impacts to the project are anticipated to be less than signifi- c cant. (Less than signficant) aD U f) Would the project be located within an area subject to liquefaction as identified in the City's General Plan? Q The project site is located within an area with high liquefaction potential, as described in existing conditions. Liquefaction could result in structural damage and other hazards on the project site. The project would re- 44 Packet Pg.455 6.B.g quire minimal grading, excavation, backfill, and site preparation, which is tailored to the specific subsurface conditions of the site and safety criteria of the CBC and the City's Engineering Design Manual. In addition, grading and site preparation activities would be tailored to the soils and subsurface conditions of the project site, pursuant to Mitigation Measures GEO-la and 1h, for the project. Mitigation Measure GEO-2a will be c required should structures or excavations extend below the groundwater table. Therefore,impacts would be CZ, less than significant with mitigation. (Leas than significant with mitigation) rn g) Would the project modifil any unique physical feature based on a site surveyl evaluation? N M Based on the site reconnaissance conducted by LSA staff on December 14,2010,there are no unique physical T_ features located on the project site. The project would involve grading but would not result in significantly altered grades from existing conditions at the project site. Therefore,no impacts are anticipated. (No impact) il-i h) Would the project result in erosion, dust, or unstable soil conditions from excavating,grading,fill, or other construction activ- n ities? U Refer to Responses VI a. and VI d. above. The project would result in temporarily increased potential for = erosion, dust, or unstable soils conditions from excavation, fill or other construction activities. The upper soils, during wet winter months, become moist due to the absorption characteristics of the soil, and earth- work operations performed during winter months may encounter very moist,unstable soils. Therefore,Mid- O gation Measure GEO-2b, project site winterization consisting of placement of aggregate base and protecting t exposed soils during construction is recommended. Once the construction phase is complete, this impact E would be reduced to less than significance. Upon project completion, the surface of the site would be stabi- a) lized with paved surfaces,reestablished crust on undeveloped areas, and landscaping. Implementation of the SWPPP and WQMP for the project,as well as Mitigation Measures GEO-1a through 2b,will reduce impacts o to less than significant. (Less than significant with mitigation) Cl) N Geology and Soils Mitigation Measures: o GEO-1a: Prior to issuance of Grading Permits, a licensed geotechnical consultant shall review the final grad- s ing and foundation plans to finalize the geotechnical recommendations for the project. Said recommenda- dons shall be incorporated into the plans for the project as notes and specifications,which shall be verified aa) during plan check by the City of San Bernardino Engineering and Building Department. a) GEO-1b: Ongoing during rough grading, areas of active grading shall be tested and field monitored by a qualified geotechnical consultant pursuant to the final geotechnical recommendations. Said monitoring and z testing shall be documented in a log and shall remain on-site during the construction phase for review by the City Inspector. co a) GEO-1c: To minimize post-construction soil movement and to maintain the seismic-induced settlement within tolerable limits,it is recommended that at least 5 feet below the base of the footings and the slab sys- tem be excavated,moisture-conditioned as necessary, and recompacted to a minimum of 90 percent of max- imum density based on ASTM D1557 Test Method. W c GEO-1d: A representative of the geotechnical engineering firm will be present during all site clearing and E grading operations to test and observe earthwork construction. The geotechnical engineer will reject any ma- terial that does not meet compaction and stability requirements. Q GEO-1e: Prior to issuance of permits project plans shall include the geotechnical engineer's recommended treatment of fill material as a note. The potential for structural damage at the site can be minimized by con- E structing the proposed building on compacted fill. For preliminary planning purposes, a remedial removal depth of 36 inches could be utilized in building pad areas. Remedial removals should include all existing fill Q and any native materials deemed geotechnically unsuitable for support of structures and fill. 45 Packet Pg.456 6.B.g GEO-1f: To minimize the potential soil movement, the upper 18 inches of soil within building or exterior flatwork areas should be non-expansive fill. The fill material should be a well-graded silty sand or sandy silt soil. A clean sand or very sandy soil is not acceptable for this purpose. N O GEO-1g: The replacement soils should extend 5 feet beyond the perimeter of the building. The nonexpan- c14 sive replacement soil should be compacted to at least 90 percent relative compaction based on ASTM D1557 Q Test Method. The exposed native soils in the excavation should not be allowed to dry out and should be continuously moist prior to backfilling. Also slab-on-grade continuous footings shall be nominally reinforced Co Co to minimize cracking and vertical off-set. GEO-1h: Prior to the placement of non-expansive Engineered Fill, the exposed Sub-grade in building pad, exterior flatwork, and pavement areas shall be scarified to a depth of 12 inches, worked until uniform and free from large clods,moisture-conditioned to.at least 2 percent above optimum moisture,and re-compacted r to a minimum of 90 percent of maximum density based on ASTM D1557 Test Method. Over-saturated soils D shall be allowed to dry to approximately 2 percent above optimum moisture before re-compaction. V_ N C GEO-2a: Dewatering waterproofing shall be required should structures or excavations extend below the groundwater table. If groundwater is encountered, geotechnical engineering firm shall be consulted prior to dewatering the site. B GEO-2b: Project site winterization consisting of placement of aggregate base and protecting exposed soils during construction shall be performed. 0 M O Rf Rf V C] :S O) d Z c� s_ W C N E U r+ w+ Q C N E S U w Q 46 Packet Pg.457 6.B.g Less Than Significant VIL HAZARDS AND HAZARDOUS MATERIALS Potentially With Significant Mitigation Less Than No Would the project: Impact Incorporated Significant Impact N a) Create a significant hazard to the public or the environment N through the routine transport, use or disposal of hazardous ❑ ❑ ❑ ❑ Q materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions ❑ ® L1 El h- ^' involving the release of hazardous materials into the environ- ment? � c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances or waste within one-quarter ❑ ® ❑ ❑ mile of an existing or proposed school? d d) Be located on a site which is included on a list of hazardous material sites compiled pursuant to Government Code Sec- C) tion 65962.5 and,as a result,would it create a significant haz- ❑ ❑ ❑ and to the public or the environment? e) For a project located within an airport land use plan or,where Ca such a plan has not been adopted,within two miles of a pub- ❑ ❑ F-1 r7/1 C7 lic airport or public use airport,would the project result in a L safety hazard for people living or working in the project area? E 0 For a project within the vicinity of a private airstrip,would the 0 project result in a safety hazard for people living or working ❑ ❑ ❑ ® Z in the project area? g) Impair implementation of or physically interfere with an e M adopted emergency response plan or emergency evacuation ❑ ❑ ® ❑ 0 plan? a h) Expose people or structures to a significant risk of loss,injury p or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are inter- ❑ ❑ ❑ mixed with wildlands? i) Other: ❑ ❑ ❑ ❑ r Existing Conditions CD a) The following discussion is based on the Phase I Environmental Assessment prepared by LSA Associates, Z Inc.,dated December 2010 (Appendix E). rn The 38-acre project site is currently occupied by multi-family apartment buildings, a maintenance building, a public recreational area, several day-care facilities, a community center, and an administrative office building. C9 The site and its surrounding areas are zoned as Residential Medium (RM), Commercial Heavy (CH), Com- mercial General (CG), and Residential Urban (RU). Existing land uses adjacent to the site include: commer- uI cial buildings to the north;an orange orchard and an orange juice manufacturing factory to the east;a gas sta- tion, a discount mall, and several retail stores to the south; and fast food restaurants and retail stores to the E west. E Regulatory search information was prepared by Track Info Services,LLC (Track Info). The search radii met the criteria specified in the ASTM Practice E 1527-05 (Standard Practice for Environmental Site Assessments: Q Phase I Environmental Site Assessment Process). Regulatory listings include only those facilities that are known to the regulatory agencies at the time of publication. A regulatory records search of this nature is based on information published by federal, State, and local regulatory agencies and is used to determine whether the subject property or nearby properties are listed as having a past or present record of actual or w potential environmental impacts from hazardous substances or materials. According to the Track Info re- Q port, a total of three Resource Conservation and Recovery Act (RCRA) Generators (GEN) listing sites and one RCRA No Longer Reporting(NLR) listed at the same address as one of the RCRA GEN sites are listed 47 Packet Pg.458 as small quantity generators (SQGs). These sites are not considered potential concerns because the databases do not indicate that any accidental release of hazardous materials occurred. In addition, no violations were reported at these sites. N During the visual site survey, performed by LSA on December 14,2010,no evidence of spills, accidental re- cm leases, or illegal dumping of hazardous substances was observed. However, existing buildings were con- Q strutted prior to 1978,which indicates a potential for the presence of lead-based paint (LBP) and asbestos- in- containing materials (ACMs). Additionally, a hazardous material storage and waste shed is located at the N northeast corner of the existing maintenance building. Containers of paint and paint thinner were observed r in this shed at the time of the site reconnaissance. The containers were labeled and observed to be in good 5; condition. No present above-ground storage tanks (ASTs) or underground storage tanks (USTs) were ob- served at the time of the site reconnaissance. r T A number of schools are located near the project site. Bradley Elementary,the Adult School/E.Neil Roberts Elementary,and Sierra High School are all located within 1/4 mile of the site. As shown in Figure LU-4 of the U City's General Plan, the project site does not occur within the San Bernardino International Airport (SBIA) c Influence Area(see Figure 9 below).25 In addition,there are no private airstrips within the vicinity of the pro- ject site. As shown on Figure S-9 in the City's General Plan,the project site is not located within a fire hazard CU area(see Figure 10 below). Hazardous Materials are regulated through the enforcement of federal and State standards established for aEE maintenance of public safety. The Federal Solid Waste Disposal Act and the Comprehensive Environmental Response Compensation and Liability Act are enforced by the EPA. The California Hazardous Waste Con- trol Act of 1973 is enforced by the State. The San Bernardino County Fire Department is responsible for o implementing the County Hazardous Waste Management Plan in the City of San Bernardino. This plan es- tablishes regulations at the local level for the creation,storage,and handling of hazardous waste material.26 c The California Emergency Services Act requires the City to manage and coordinate the overall emergency and a recovery activities within its jurisdictional boundaries. The City's Emergency Operations Plan includes poli- ties and procedures to be administered by the City in the event of a disaster. During disasters,the City is re- o quired to coordinate emergency operations with the County of San Bernardino.27 Discussion a) Would the project create a significant ha.Zard to the public or the environment through the routine transport, use or disposal z of hazardous materials? w Impact HAZ-1: The proposed project does not include land improvements for treatment,routine transfer, storage, resource recovery, disposal, or recycling of hazardous waste and is not a Hazardous Waste Facility pursuant to Chapter 17.04 of the City's Municipal Code. However, due to the age of the existing structures 0 on the project site, there is a potential of encountering asbestos-containing materials (ACMs), lead-based paint (LBP), and polychlorinated-biphenyl- (PCB) containing equipment during demolition and transport of i i demolition materials. The presence of these materials would be evaluated and local, State and federal re- c quirements for proper abatement and removal of these materials would be assessed prior to structure disturb- E ante pursuant to Mitigation Measures HAZ-la and HAZ-lb. c� Q c a� E m 25 City of San Bernardino,2005,General Plan,page 2-47. 2G City of San Bernardino,2005,General Plan,page 10-4. Q 27 San Bernardino County Fire Department,Office of Emegeney Seroiees Webdte,http://www.sbcflre.org/oes/,accessed on May 2,2011. 48 Packet Pg.459 -66dno/suapaeo ueuaaa;eM : 0£6Z) u011eie!aaa an!;eBGN paIe6!;!W JM- 3;uauayae;;y :;uauayaelIv m po ol c°o co z Z w - 37 a� a V," z v t Q2=5e� El et0. - Figg W co Q � i've2o.y z g =�oING n ` z A H c xs a V d U c P4 c O H :.7 bL�g�L2 �J � 00000a LEI z � �_ CL z � a a w a ~ z 3 O W r � z I — L.—, z I °cc: LU h. I —r— o 0 J _ - cov v L 7 /• C U N U J 0 C I T Y OF S A N B E R N A , W A T E R M A N G A R D E N S M A S T F R PLAN I S/M N D ' N nTn •.• •• '•,F,.•. 4L L E if Cl) N cAA '°r ! w. Q ♦e all 2 .mm � Y Y esvn P. G Extreme Fire Hazard Area s. (Source:City of San Bernardino) � N Moderate Fire Hazard Area E City High Fire Hazard Line City Boundary Sae6rm:i[e Q Sphere of Influence Boundary o 0,000 U Source:City of San Bemardino General Plan,2005. �R3, 0 w Q FIGURE 10 FIRE HA Packe 6.B.g During construction and long-term operation, the proposed project would include activities involving use, handling and storage of small quantities of hazardous materials such as paints,solvents,adhesives, fuels, ferd- lizers,and cleaning products used for building construction and for maintenance. These activities are regulat- ed by the City Fire Department, County Fire Department, the California EPA, California Department of a Toxic Substances Control, and the Regional Water Quality Control Board. Project compliance is achieved c� through implementation of the County of San Bernardino Hazardous Waste Management Plan and would be Q enforced through the County of San Bernardino's administrative review, permit, and inspection procedures. Project compliance with these procedures would ensure that the proposed project would not create a signifi- a cant hazard to the public or the environment from transport,use or disposal of hazardous materials. For the r reasons stated above, impacts are anticipated to be less than significant with mitigation. (Less than significant with mitigation) Mitigation Measure HAZ-1a: Prior to structure disturbance, a State-certified asbestos professional and r State-certified lead professional should survey the site structures and determine whether sampling of building j materials for ACMs and LBP is warranted. Any abatement or removal of ACMs and LBP shall be performed v in accordance with applicable federal,State,and local regulations. c m -a Mitigation Measure 11"-lb: Prior to structure disturbance,a qualified professional should survey the site M structures and determine whether suspect PCB-containing equipment is present. PCB-containing equipment 0 r. must be handled and disposed of in accordance with applicable federal,State,and local regulations. E L b) Would the project create a significant hazard to the public or the environment through reasonably foreseeable upset and acrd- dent conditions involving the release of ha.Zardous materials into the environment? CD Impact HAZ-2: Refer to Response VII a. Hazardous Materials are regulated through the enforcement of M federal and State standards established for maintenance of public safety. During grading and subsurface ex- N cavations for utilities and foundations, contaminated soils may be encountered. Implementation of Mitiga- tion Measure HAZ-2 would require testing for contamination in excavated materials and proper disposal ° based on test results and would reduce potential impacts to less than significance. Furthermore, project construction would involve handling, use and storage of small quantities of hazardous materials. Handling,use, and storage of such materials are regulated through the enforcement of the Coun- ty's Waste Management Plan and through implementation of OSHA standards by the contractor. Special permits are required for large quantities of hazardous materials used on the project site and would be issued m by the City Planning Division and City Fire Department. Z a� Long-term operations associated with equipment and property maintenance may require small quantities of a� hazardous materials. Therefore small quantities of hazardous materials may be stored and handled on-site during the life of the project. Project plans,including use and storage of hazardous materials, are subject to review and approval by the City of San Bernardino Fire Department and the City Planning Division prior to issuance of Building Permits. At the time of building permit issuance,the City will verify that the project de- w sign incorporates a contingency plan for on-site storage of both non-hazardous and hazardous materials pur- suant to Materials Safety Data Sheets. Furthermore, a Water Quality Management Plan (WQMP) has been prepared for the project that includes stipulations for proper handling, storage, and disposal of hazardous substances (Appendix J). The standard application of the City's Municipal Code ensures that the WQMP includes Best Management Practices, structural and non-structural measures, to prevent off-site transport of Q materials and substances, for both hazardous and non-hazardous materials. Likewise, the standard applica- tion of the City's Municipal Code requires that the WQMP include structural BMPs and an operation and maintenance program for proper handling and storage of chemicals, reducing pollutants from the project over the long term. Therefore, materials storage and use on site would be implemented pursuant to City, w State,and federal standards for hazardous materials. Q 51 Packet Pg.462 For the reasons stated above,project impacts would be less than significant with mitigation. (Less than signifi- cant with mitigation) Mitigation Measure HAZ-2: Prior to issuance of Grading Permits, the City Engineer shall require soils o samples and testing for contamination in areas shown on the Grading Plan where soils will be excavated. The cv Grading Plan for the project shall include a note requiring testing for contamination as well as proper disposal < 0 based on test results. � N 00 c) Would the project emit ha.Zardous emissions or handle ha.Zardous or acutely hazardous materials, substances or waste within m one-quarter mile of an existing or proposed school? F- Refer to responses VII a. and b. While there are a number of schools located within a quarter mile of the r`a project site, including Bradley Elementary, the Adult School/E. Neil Roberts Elementary, and Sierra High School, the proposed project is not anticipated to emit hazardous emissions or handle hazardous or acutely a hazardous materials, substances or waste within one-quarter mile of the existing schools. Implementation of V Mitigation Measures HAZ-la, lb,and 2 will reduce the significance of potential impacts of the proposed pro- ject on nearby schools to less than significant. Therefore, the impacts are anticipated to be less than signifi- cant. (Less than significant) m t7 d) Would the project be located on a site which is included on a list of ha.Zardous material sites compiled pursuant to Govern- ment Code Section 65962.5 and, as a result, would it create a significant ha.Zard to the public or the environment? M d The project site does not occur on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5,and therefore would not create a significant hazard to the public or the environment. Addi- tionally,no use of hazardous materials was observed at the site during a site visit conducted on December 14, o 2010. Therefore,no impacts are anticipated. (No impact) e) For a project within an airport land use plan or, where such a plan has not been adopted, within two miles of a public air- port orpublic use airport, would the project result in a safety ha.Zard for people living or working in the project area? o As shown in Figure LU-4 of the City's General Plan (see Figure 9 above), the project site does not occur U within the San Bernardino International Airport (SBIA) Influence Area and the project would not result in a o safety hazard for people living or working in the project area. Therefore, no impacts are anticipated. (No impact) c� rn Q) J) For a project within the vicinity of a private airstrip, would the project result in a safety ha.Zard for people living or working Z in the project area? The project site is not within the vicinity of a private airstrip and the project would not result in a safety haz- n and for people living or working in the project area. Therefore,no impacts are anticipated. (No impact) c� g) Would the project im p air implementation of or pbysicalyl interfere with an ado p ted emeqeng response plan or eme en g evacuation plan? w c Policies within the City's General Plan and updates to the City's Emergency Plan, as required by State law, would ensure the proposed project would not interfere with an adopted emergency response plan or emer- gency evacuation plan. In addition, the proposed project has a high level of internal accessibility. The vari- ous project driveways connect into the site terminating at an internal ring roadway which provides access to Q individual properties within the site. Therefore, it is considered that emergency vehicles can easily travel while inside the project boundary using the internal ring road. °' E s U Entryway construction would involve equipment and construction vehicles and work within the public right- of-way involving temporary lane closure. Therefore the construction of the project may temporarily impair Q implementation of or physically interfere with an adopted emergency response plan or emergency evacuation 52 Packet Pg.463 6.B.g plan. The project would require Encroachment Permits for work done within the public right-of-way in Wa- terman Avenue, Olive Street,Baseline Street and La Junita Street, and a Traffic Detour Plan will be prepared for the project pursuant to Title 12 of the City of San Bernardino's Municipal Code. The Traffic Detour Plan would be designed and implemented pursuant to City standards for safe access and would provide adequate o circulation for emergency response and emergency evacuation on a short-term basis. c� j Q Once the project is complete it would include circulation and access meeting the City's standards and no long ❑ rn term impacts are anticipated. The proposed street pattern will improve emergency vehicle access by provid- ing additional access points from the surrounding streets and incorporating the internal ring road. For the m reasons stated above,impacts would be less than significant. (Less than signf=6 E- h) Would the project expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where waldlands are adjacent to urban.Zed areas or where residences are intermixed with mildlands? a As shown on Figure S-9 in the City's General Plan (see Figure 10 above),the project site does not occur in a U fire hazard area and the project would not expose people or structures to a significant risk of loss, injury or death involving wildland fires. Therefore,no impacts are anticipated. (No impac6 E Hazards and Hazardous Materials Mitigation Measures: HAZ-1a: Prior to structure disturbance, a State-certified asbestos professional and State-certified lead pro- fessional should survey the site structures and determine whether sampling of building materials for ACMs E and LBP is warranted. Any abatement or removal of ACMs and LBP shall be performed in accordance with applicable federal,State,and local regulations. U HAZ-1b: Prior to structure disturbance, a qualified professional should survey the site structures and deter- n mine whether suspect PCB-containing equipment is present. PCB-containing equipment must be handled and disposed of in accordance with applicable federal,State,and local regulations. r- .2 HAZ-2: Prior to issuance of Grading Permits, the City Engineer shall require soils samples and testing for contamination in areas shown on the Grading Plan were soils will be excavated. The Grading Plan for the d project shall include a note requiring testing for contamination as well as proper disposal based on test results. ❑ e Y Z Y 1cc-+ /C L! W V w i+ a w E U Q 53 Packet Pg.464 .g Less Than Significant Potentially With VIII. HYDROLOGY AND WATER QUALITY Significant Mitigation Less Than No Would the project: Impact Incorporated Significant Impact o a) Violate any water quality standards or waste discharge re- N quirements,provide substantial additional sources of polluted ❑ F. ® ❑ Q runoff,or otherwise substantially degrade water quality? b) Substantially deplete groundwater supplies or interfere sub- 00 stantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- ❑ ❑ ® ❑ existing nearby wells would drop to a level which would not '3 support existing land uses or planned uses for which permits have been granted)? p c) Substantially alter the existing drainage pattern of the site or D area, including through the alteration of the course of a ❑ ❑ M n U stream or river,in a manner which would result in substantial erosion or siltation on-or off-site? N •a d) Substantially alter the existing drainage pattern of the site or m area, including through the alteration of the course of a (? stream or river,or substantially increase the rate or amount of ❑ ❑ ® ❑ surface runoff in a manner which would result in flooding on- E L or off-site? a: e) Create or contribute runoff water which would exceed the Z capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff, M such as from areas of material storage, vehicle or equipment ❑ ❑ ® ❑ N maintenance (including washing or detailing),waste handling, hazardous materials handling or storage, delivery areas,load- o ing docks,or other outdoor areas? f) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate ❑ ❑ El ® O Map or other flood hazard delineation map? (Panel No. eii 06071C8682H) > g) Place within a 100-year flood hazard area structures which s would impede or redirect flood flows? E] El ❑ ® m h) Expose people or structures to a significant risk of loss,inju- Z ry, or death involving flooding,including flooding as a result ❑ ❑ ❑ of the failure of a levee or dam? i) Inundation by seiche,tsunami,or mudflow? ❑ ❑ ❑ j) Other: ❑ ❑ ❑ ❑ O Existing Conditions w r The following discussion is based on the Drainage Report and Water Quality Management Plan prepared by Dan Guerra&Associates in July 2011,provided in Appendix I and Appendix J,respectively. The proposed project is within the jurisdictional authority of the Santa Ana Regional Water Quality Control Board (RWQCB). The RWQCB maintains standards for implementation of the Clean Water Act relative to Q pollutant discharge into surface water bodies. Likewise, RWQCB maintains data on the types and levels of pollution in existing surface waters including chemical and infectious pollutants,and levels of dissolved solids. RWQCB identifies impaired water bodies and enforces clean water policies through the review and approval of discharge permits (National Pollutant Discharge Elimination System (NPDES)Permits).28 CU Q 28 California Water Boards, Regional Water Quality Control Board Overview, [http://www.waterboards.ca.gov/ publications_forms/publications/factsheets/docs/boardoverview.pdf]. 54 Packet Pg.465 6.B.g The City's Storm Water Drainage System is regulated by Chapter 8.80 of the City's Municipal Code. This chapter is intended to ensure the health,safety and general welfare of the City's residents by prescribing regu- lations to prohibit non-storm water discharges into the City's storm water drainage system. The project site is o currently served by the City's storm water drainage system. C� Q As described in the Drainage Report (Appendix I), The existing site falls to the south at approximately 1.5 in— percent, and ridges midway between Waterman Avenue on the west and La Junita Street on the east. Ap- N proximately 28.5 acres of the site currently drain west to the intersection of Waterman Avenue and Olive Street, and approximately 8.5 acres drain east to the intersection of La Junita Street and Olive Street. The existing residential portion of the site was modeled as 8-10 du/ac (40 percent pervious) and existing Mainte- nance Building as Commercial (10 percent pervious) with Soil Type `B" for the 2, 5, 10 and 25 year return ;= periods. r a The municipal water supply for the City comes from the Bunker Hill Groundwater Basin aquifer, which is �? located beneath the city. The basin is replenished naturally by local precipitation and by stream flow from rain and snowmelt from the San Bernardino Mountains. While groundwater is the principal source of supply in the City, other sources of water supply include: the State Water Project (SWP), the Santa Ana River, Mill Creek,and Lytle Creek.29 L There are no existing streams or rivers within the limits of the project site. The nearest creek is East Twin E CD Creek,a channelized creek that runs east of the project site. According to the City's General Plan,Figure S-1 "100 Year Flood Plain," the project site occurs outside of the 100-year flood zone as mapped on the federal ? Flood Insurance Rate Map (see Figure 11 below).30 Additionally,the project is not within the inundation area o for the Seven Oaks Dam pursuant to General Plan Figure S-2 (see Figure 12 below).31 The dam is northeast 2 of the project site (northeast of the City of Highland) and has been designed to withstand a maximum earth- " quake event of 8.0 magnitude.32 L Discussion f6 v a) Wlould the project violate any water quality standards or waste discharge requirements,provide substantial additional sources p of polluted runoff, or otherwise substantially degrade water quality? The project is subject to compliance with the discharge requirements of the RWQCB pursuant to NPDES at Permit No. CA618036 with regard to pollutants carried in storm water runoff. RWQCB requirements are a) incorporated into the project design as Best Management Practices (BMPs) to protect surface water quality. a RWQCB requirements will be administered through plan check review and approval of the Water Quality CU r Management Plan,provided in Appendix J (for long-term water quality management) and Storm Water Pollu- tion Prevention Plan (for short-term water quality management) in order to reduce pollutants from the pro- ject. The long-term operations of the project are subject to pollution control requirements of the RWQCB c� related to all significant redevelopment, which is defined as the addition or replacement of 5,000 or more square feet of impervious surface on an already developed site. w .r c As described in the Drainage Report (Appendix I) the proposed project would distribute runoff such that E total flows and flows to each intersection are less than 90 percent of lower return period storm flow rates in v the existing condition in accordance with San Bernardino County Flood Control District requirements. The Q overall result limits proposed flows to approximately 40 percent of existing flows. Flow reductions will be c CD E U 29 City of San Bernardino,2005,General Plan,page 9-10. 30 City of San Bernardino,2005,General Plan,page 10-13. Q Q 31 City of San Bernardino,2005,General Plan,page 10-15. 32 City of San Bernardino,2005,General Plan,page 10-10. 55 Packet Pg.466 C I T Y OF S A N BE R N A WATERM.AN GARDENS MASTER PLAN IS/ MND l _ O 7 Q 1 T ix ___—____—_--1 __---_---� _ �L n� J P I� r E 1 a € U 1 D E Y. L �e u Pr2 4 CD 3 , M al O IF -� - - Z 'S Source:Federal Emergency Management Agency tL Flood Insurance Rate Maps. Date:1990 100-Year Flood Zone E t U 500-Year Flood Zone City Boundary Sphere of Influence Boundary d U Source:City of San Bernardino General Plan,2005. +R Q FIGURE 11 100 YEAR F Packet Pg.467 CITY OF SAN BERN A W A T E R M A N GARDE N S MASTER PLAN I S/M N D N _ O i C� Q N tb 00 i T i a ' M r ; T a U rn c t � f R � c E ((f E ) g C7 Cl) to — N rmr ewe ... �m w A. Q I S w � iR 3 uusl L I rz-�) I �f _ Y t� Z i`e�nm Pa i3) r Source:U.S.Army Corps of Engineers �e Note:The inundated areas shown on this map reflect events of an extremely remote nature.These results are not in any way intended to reflect upon the integrity of the Seven Oaks Dam. Flooded areas shown are based LLJ on dam failure at f ulf pool elevation 2,580 feet,NGVD. E Limit of Flooded Area with Dam Failure v w .L9�Rtna,ion Q �! City Boundary o to,00a Sphere of Influence Boundary E Source:City of San Bernardino General Plan,2005. Z 0 Q I FIGURE 12 SEVEN OAKS DAM I Packet Pg.468 6.B.g Q achieved with the implementation of four(4) on--site detention basins. In addition,the depth of water in the basins would be less than 3 feet and would drain within 24 hours of the peak depth in accordance with City and Flood Control District requirements. As an added factor of safety the proposed site will utilize approxi- mately 200,000 square feet of pervious concrete pavement with rock subgrade which would provide signifi- cantly reduced impervious area and additional detention, which was not accounted for in the flood manage- C4 ment analysis. c, For the reasons described above,the project would not violate water quality standards and the impact would N be less than significant. (Less than significant) r H b) Would the project substantialy deplete groundwater sz pphes or interfere substantially with groundwater recharge such that E' M there would be a net deficit in aquifer volume or a lowering of the local groundwater table level(e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have o been granted)? U The water demand and related impacts of the project are discussed in Section XVI. The project would not require dewatering or interfere with the existing groundwater table below the project site. The project has been included in the planned build-out of the City of San Bernardino pursuant to the approved General Plan Land Use Map. Additionally, the project will include bioswales, pervious concrete areas, green roofs, four detention basins, and perforated storm drains,which will allow infiltration of surface water. Therefore, im- pacts are anticipated to be less than significant. (Less than significant) E a� w c) Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of the Z course of a stream or river, in a manner which would result in substantial erosion or siltation on-or off-site? 0 There are no existing streams or rivers within the limits of the project area. The project site would be graded Cl) to direct all flows to bioswales, pervious concrete areas, the four detention basins and perforated storm drains. These Treatment Control BMPs would fully accommodate surface flows from the project during ma- Q jor storm events. During construction, the surface of the project site would be disturbed and altered slightly c with trenching and grading but would not result in significant impacts because a Storm Water Pollution and Prevention Plan (SWPPP) is required for the project and the City's standards for grading and construction would be implemented through the inspection process relative to grading and construction permits, as sped- fied in Municipal Code Chapter 15. These standard procedures will reduce impacts to less than significance. When the project is complete unpaved surfaces would be stabilized with landscaping or paved surfaces to prevent substantial erosion of siltation on-or off-site. z e� For the reasons stated above,the project would have a less than significant impact on erosion or siltation on- o or off-site. (Less than sign f=6 d) Would the project substantial#alter the existing drainage pattern of the site or area, including through the alteration of the 0 course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flood- ing on-or off-site? w c There are no existing streams or rivers within the limits of the project site. The project site would be graded to direct all flows to bioswales, pervious concrete areas, the four detention basins, and perforated storm drains that would fully accommodate surface flows from the project during major storm events. With im- plementation of these Treatment Control BMPs, the rate of discharge off-site would be slightly less than ex- 4 isting conditions, and would not create significant erosion or impacts on wetlands downstream. The con- struction phase of the project would temporarily alter existing drainage patterns but this is not expected to result in flooding on-or off-site, because project construction would be implemented pursuant to the City's standards and the SWPPP for the project. Over the long term,the WQMP will be implemented on site. For the reasons stated above, the project would not substantially increase the rate or amount of surface runoff Q AF A 58 Packet Pg.469 resulting in flooding on-or off-site and the impacts are anticipated to be less than significant. (Less than signifi- cant) e) Would the project create or contribute runoff water which would exceed the capacity of existing or planned stormwater drain- o age ystems or provide substantial additional sources of polluted r nroff, such as from areas of material storage, vehicle or equip c� mer2t maintenance(including washing or detailing), waste handling, hazardous materials handling or storage, delivery area.., load- Q ing docks, or other outdoor areas? a) N The project would maintain approximately the same percentage of impervious surfaces as the current devel- 0% opment and with the incorporation of Treatment Control BMPs such as bioswales,detention basins,pervious concrete, green roofs and perforated storm drains with gravel, the proposed project would not increase the amount and rate of runoff-water from the project site. As described in the WQMP (Appendix J), the project e� would not include activities and areas which could provide substantial additional sources of polluted runoff. Therefore,the impacts would be less than significant. (Less than significant) IL V J) Would the project place housing within a 100 year flood ha.Zard area as mapped on a federal Flood Hazard Boundary or U2 Flood Insurance Kate Map or other flood hazard delineation map? (Panel No. 06071 C8682H) as According to the City's General Plan, Figure S-1 "100 Year Flood Plain," the project site occurs outside of ca the 100-year flood zone as mapped on the federal Flood Insurance Rate Map (see Figure 11 above). There- fore,no impacts arc anticipated. (No impact) E a� ,g) Would the project place within a 100 year flood hazard area structures which would impede or redirect flood flows? As stated in Response VIII f,the project site is not within the 100-year flood zone. Therefore,no impacts are anticipated. (No impact) rn h) Would the project expose people or structures to a significant risk of loss, injury or death involving flooding including flood- o ing as a result of the failure of a levee or clam? L The project is not within the inundation area for the Seven Oaks Dam pursuant to General Plan Figure S-2 (see Figure 12 above). The dam is northeast of the project site (northeast of the City of Highland) and has been designed to withstand a maximum earthquake event of 8.0 magnitude. Due to the design,maintenance, > and operation of the dam,it is not likely that dam failure would occur. For the reasons stated above, no im- Z pacts are anticipated. (No impact) Z i) Would the project potentially he inundated by seiche, tsunami, or mudflow? There are no oceans, lakes or reservoirs located near the project site which are typically associated with sec- M ondary seismic events from sieche,tsunami,or mudflow. Therefore,no impacts are anticipated. (No impact) 0 Hydrology and Water Quality Mitigation Measures: None required. w w c CD E s v w a E w a 59 Packet Pg.470 Less Than Significant Potentially With IX. LAND USE AND PLANNING Significant Mitigation Less Than No N Would the project: impact Incorporated Significant Impaci °—,—, N a) Physically divide an established community? ❑ ❑ ❑ 0 b) Conflict with any applicable land use plan,policy or regulation N of an agency with jurisdiction over the project(including,but _ _ 00 i not limited to the general plan,specific plan,local coastal pro- E] El U r gram or zoning ordinance) adopted for the purpose of avoid- ing or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or nat- ❑ ❑ ❑ ural community conservation plan? r d) Be developed within the Hillside Management Overlay Dis- El El E] ® 0- trict? U e) Be developed within Foothill Fire Zones A,B,or C as identi- ❑ ❑ ❑ ❑ fied in the City's General Plan? f) Be developed within the Airport Influence Area as adopted by El El El ® Ls the San Bernardino International Airport Authority? fo g) Conflict or exacerbate a conflict between land uses on the ❑ ❑ ❑ ® �_ project site and in the surrounding area? co E h) ,Other: ❑ ❑ ❑ ❑ a) cs Existing Conditions 0 The City's General Plan and Municipal Code include policies, plans, and regulations governing development M of the project site with appropriate land uses. The General Plan designates the project site as a Residential N Medium (FM) land use with 14 dwelling units per acre (du/ac). The site is surrounded by land designated as Residential Suburban (4.5 du/ac) and Residential Urban (9 du/ac) to the southeast, and commercial uses and public facilities to the north, south and west. The Development Code permits 12 du/ac in the RM zone; however there is a 25 percent density bonus for affordable housing that would apply to the proposed project. The General Plan Housing Element recognizes the need for affordable housing in the City since over half of the City's population have incomes less than 80 percent of the San Bernardino County median income and over one-third have incomes less than 50 percent of the median. The Housing Element also indicates in- creasing demand for housing for elderly adults that addresses their special needs. As the population ages, tv Z there will be a growing demand for senior housing that meets the special physical and financial needs of this group. at There are no specific plans or local coastal programs pertaining to the project site. Nor are there any ap- a proved habitat conservation plans or natural community conservation plans applicable to the project site. 0 The project site is not within the Hillside Management Overlay District as indicated on Figure LU-2 of the General Plan (see Figure 13 below). Nor is it within Foothill Fire Zones A,B,or C,as shown in Figure S-9 in w the General Plan (see Figure 10 above). E Discussion v a) Would the pmjeetphysically divide an established community? Q The proposed project would demolish the existing residential units on the site and construct new residential units,a community center,and other community facilities. The residential character of the project site will be retained and will provide for additional connectivity with the surrounding neighborhood. The project would not physically divide an established community. Therefore,no impacts are anticipated. (No impact) �g Q 60 Packet Pg.471 -4 Wno/suepaeo uewJGIeM : 0£6Z) uo!;eJe!oaQ OAIIBBON paleB!I!W E)M- 3 Iuauay3elly :IuOW438lly c4 00 co Z Z w a - F ° a Z IL W � K J H N q < Q O � a C w m xN a } z � xx° � x � ° � �f( na � �a �aa91� E? �ppnn5 $ � 5o �oa3 zG � F � ua '� w Ij w z a F w a 3 I 10 \\\\ LJ I rN �� 1s / �. _ ■ ti \ / O • � v v ro c tm ro 0 ai u O N 6.B.g b) Would the project conflict nlitb any applicable land use plan,policy or regulation of an agency lvitb jurisdiction over tbe pro- ject(including, but not limited to, the general plan, specific plan, local coastal program or zoning ordinance)adopted for the pur- pose of avoiding or mitigating an environmental effect? N There are no specific plans or local coastal programs pertaining to the project site. The City's General Plan designates the project site as a Residential Medium.(RM) land use with 14 dwelling units per acre (du/ac). The site is surrounded by land designated as Residential Suburban (4.5 du/ac) and Residential Urban (9 du/ac) to the southeast, and commercial uses and public facilities to the north, south and west. The Devel- N opment Code permits 12 du/ac in the RM zone;however there is a 25 percent density bonus for affordable m housing that would apply to the proposed project,bringing the allowable density up to 15 du/ac. I � The proposed project will be subdivided into nine separate parcels.` These parcels will include the following M dwelling units: T ♦ Parcel 1: Residential buildings (38 dwelling units,2.54 acres, 14.96 du/ac) j ♦ Parcel 2: Community and Recreational Centers (0 dwelling units,5.12 acres) U ♦ Parcel 3:Senior Housing Buildings (73 dwelling units,4.12 acres, 17.96 du/ac) ♦ Parcel 4: Existing Central Shop,Maintenance Building,Recycling Yard, and Community Garden Building(0 dwelling units, 1.67 acres) tCO ♦ Parcel 5: Administration Building(0 dwelling units,0.54 acres) ♦ Parcel 6: Residential buildings (75 units,5.64 acres,13.30 du/ac) E ♦ Parcel 7:Residential Buildings (76 dwelling units,5.15 acres,14.76 du/ac) ♦ Parcel 8: Residential Buildings (79 dwelling units,5.76 acres,13.72 du/ac) z ♦ Parcel 9:Residential Buildings (69 units,6.40 acres, 10.78 du/ac) c M Based on the information listed above, Parcels 2, 4, and 5 would include the community center and other community facilities,which are allowed with a Development Permit. r The proposed project could include up to 411 dwelling units. Although the density on Parcel 3 is above the CO permitted density at 17.96 du/ac, this housing will be Senior Housing and is therefore consistent with Gen- U eral Plan Policy 3.1.3,which encourages development of senior housing in all areas of the City, especially the Q downtown,where the permissible density may be increased by 96 units per acre (178%) to a maximum of 150 units per acre. As shown above, Parcels 1 and 7 are above the permitted density at 14.96 and 14.76 respec- tively,but within the 15 du/ac density allowed with a 25 percent affordable housing bonus. Parcels 6, 8,and Q Z 9 are within the permitted density limits as specified in the General Plan,with densities below 14 du/ac. The -p CD overall residential density on the site would be 10.8 du/ac. The proposed project responds to the affordable and senior housing needs identified in the General Plan with new residential units for a mix of income levels, a' as well as a 73-unit building dedicated to seniors. c� A Conditional Use Permit would be required for the Density Bonus Agreement,Day Care Center,Social Ser- vice Uses/Recreation Center, and Development Plan. Therefore,the proposed project is consistent with the w residential land use designation and permitted densities and would not conflict with the General Plan. E Chapter 19.04 of the City's Development Code establishes regulations and development standards to define 0 and implement appropriate scale and development characteristics for each parcel and to manage conflicts Q between land uses and reduce nuisances. The project includes a request for a 25 percent density bonus and three concessions: reduced private open space area, reduced off-street parking,and reduced setbacks. The entire project is designed to provide an open and park-like environment for residents and will include com- E munity open space areas,as well as community gardens and Community and Social Services Uses/Recreation Centers. Further, the reduction in off-street parking and setbacks are intended to accommodate a more pe- destrian-scale design and to promote a walkable and attractive community. 62 Packet Pg.473 For the reasons stated above,the impacts would be less than significant. (Less than significant) c) Would the project conflict with ary applicable habitat conservation plan or natural community conservation plan? N There are no approved habitat conservation plans or natural community conservation plans applicable to the T project site. Therefore, no impact to a habitat conservation plan or natural community conservation plan is Q anticipated. (ivo impact) N d) Would the project be developed witbin the Hillside Mana�enaent Overlay District? p m T The project is not within the Hillside Management Overlay District as indicated on Figure LU-2 of the Gen- eral Plan (see Figure 13 above). Therefore, the project would have no impacts related to hillside develop- e~`n ment. (No impact) e) Would the project be developed within Foothill Fire Zones A,B, or C as identified in the 00's General Plan? U As shown on Figure S-9 in the City's General Plan,the project site is not within Foothill Fire Zones A,B, or C (see Figure 10 above). Therefore,no impacts are anticipated. (No impact) _ d E J) Would the project be developed within the Airport Influence Area as adopted by the San Bernardino International Airport Authority? As shown in Figure LU-4 of the City's General Plan, the project site does not occur within the San Bernardi- E no International Airport (SBIA) Influence Area (see Figure 9 above). Therefore, no impacts are anticipated. (INTO impact) 0 g) Would the project conflict or exacerbate a conflict between land uses on the project site and in the surrounding area? N The proposed project is consistent with the current land use on the site and the General Plan and Develop- _ ment Code. It would not conflict or exacerbate a conflict between land uses on the project site and in the O surrounding area. Therefore,no impacts are anticipated. (No impact) Land Use and Planning Mitigation Measures: p None required. > a� a� z d c� a� w a) E R r a c a� E s ca Y w+ Q 63 74 Packet Pg.4 6.B.g Less Than Significant Potentially With X. MINERAL RESOURCES Significant Mitigation Less Than No Would the project: Impact Incorporated Significant Impact N 0 a) Result in the loss of availability of a known mineral resource N that would be of value to the region and the residents of the ❑ ❑ ❑ state? c> b) Result in the loss of a locally-important mineral resource re- N ❑ q covery site delineated on a local general plan,specific plan or r_1 F-1 ❑ °r° other land use plan? c) Be located in a Mineral Resource Zone as adopted by the r State Mining and Geology Board and identified in the City's ❑ ❑ ❑ ® r'' General Plan? o. Existing Conditions c=i In 1975,the State legislature adopted the Surface Mining and Reclamation Act(SMARA),designating Mineral N Resources Zones (MRZs) that were of State-wide or regional importance. Classification of land within Cali- fornia takes place according to a priority list established by the State Mining and Geology Board (SMGB).33 The four classifications used by the State to define MRZs are: C7 ♦ MRZ-1: Areas where the available geologic information indicates no significant mineral deposits or a t° E minimal likelihood of significant mineral deposits. ♦ MRZ-2: Areas where the available geologic information indicates that there are significant mineral de- posits or that there is a likelihood of significant mineral deposits. o M Cn ♦ MRZ-3:Areas where the available geologic information indicates that mineral deposits are likely to exist, however,the significance of the deposit is undetermined. o ♦ MRZ-4:Areas where there is not enough information available to determine the presence or absence of a mineral deposits. C0 a� The project site is located within the MRZ-3, as shown in Figure NRC-3 of the City's General Plan (see Fig- . > ure 14 below).34 m tv Discussion Z a) Would the project result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? a� The project site is located within the MRZ-3, meaning the significance of mineral deposits cannot be deter- mined from available data. The use of the site for mineral extraction would not be consistent with the City's General Plan and the existing development pattern in the project area. Therefore,it is not likely that the site , would be used for mineral extraction. The project will demand aggregate resources,such as steel,wood,con- w crete,and asphalt,during construction. These resources are commercially available in the southern California region without any constraint and no potential for adverse impacts to the natural resources base supporting E these materials is forecast to occur over the foreseeable future. No loss of valuable mineral resources would 0 occur with the development of the project. Therefore,no impacts are anticipated. (No impact) .2 c E U R Y w Q 33 City of San Bernardino,2005,General Plan,pages 12-12 and 12-13. 34 City of San Bernardino,2005,General Plan,pages 12-15. �✓' 64 Packet Pg.475 6.B.g C I T Y O F S A N B E R N A W A T E R M A N G A R D E N S M A S T E R P LAN I S/M N D � N nn, N `\ 00, , r , r b CO . y J-� E o ce) rmm,eia 66 — eo An < G a 1- € y1 r � r y rn d Z d t9 MRZ-1 w c MRZ-2 E City Boundary m m i Sphere Boundary Q X18� ®IU Note:MRZs reflected and refined in the Industrial o i0000' _ _ d Extractive(IE)designation. E t V Source:City of San Bernardino General Plan,2005. Q FIGURE 14 MINERAL RESO Packet Pg.476 b) Would the project result in the loss of a locally-important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? Refer to Response Xa above. The project site is not a locally-important mineral resource recovery site pursu- ant to the City's General flan, any specific plan or other land use plan and it would not result in the loss of ° 1 N such a site. Therefore,the proposed project would have no impacts. (No impact) Z c) Would the project be located in a Mineral Resource Zone as adopted by the State Mining and Geology Board and identified N in the City's General Plan? 00 CIO T Refer to Response Xa above. The project occurs within MRZ-3 as adopted by the State Mining and Geology Board. By statute, the Board does not utilize existing land uses as a criterion in its classification of Mineral Resources Zones.35 Based on the urbanized location of the site, and accessibility by trucks,mining would not be feasible and therefore the proposed project would not result in the loss or availability of a known mineral r resource that could be developed. Therefore,no impacts are anticipated. (No impact) n' U Mineral Resources Mitigation Measures: None required. ca L c�c G L Y 0 M 6a N w f6 L V Q� Y Z Y CY ^ 'G CSC.! 1 W Y _ E Y Y a E Y Y a 14 35 City of San Bernardino,2005,General Plan,page 12-13. 66 Packet Pg.477 6.B.g Less Than Significant XI. NOISE Potentially With Significant Mitigation Less Than No Would the project: Impact Incorporated Significant Impact N 0 a) Exposure of persons to or generation of noise levels in excess ca of standards established in the City's General Plan or Devel- ❑ ® ❑ ❑ 0 opment Code,or applicable standards of other agencies? b) Exposure of persons to or generation of excessive ground- ❑ ❑ ® ❑ N borne vibration or groundborne noise levels? °_ T c) A substantial permanent increase in ambient noise levels in El El ® F] 2 the project vicinity above levels existing without the project? F d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the ❑ ❑ ❑ ❑ r project? (L e) For a project located within an airport land use plan or Air- port Influence Area,would the project expose people residing ❑ ❑ ❑ or working in the project area to excessive noise levels? L f) Other: ❑ ❑ ❑ ❑ v ctE 0 Existing Conditions The following discussion is based on the Waterman Gardens Master Plan Project Noise Assessment, pre- E pared by Impact Sciences,Inc.in October 2012 (Appendix F). co Noise can be measured in the form of a decibel (dB),which is a unit for describing the amplitude of sound. o The human ear is not equally sensitive to all frequencies in the entire spectrum, so noise measurements are weighted more heavily for frequencies to which humans are sensitive in a process called"A-weighting,"writ- N. ten "dB(A)." The A-weighted sound level is measured on a logarithmic scale such that a doubling of sound 9 energy results in a 3.0 dB(A) increase in noise leve1.36 In general, changes in a community noise level of less than 3.0 dB(A) are not typically noticed by the human ear.37 Changes from 3.0 to 5.0 dB(A) may be noticed by some individuals who are extremely sensitive to changes in noise.38 A greater than 5.0 dB(A) increase is readily noticeable,while the human ear perceives a 10.0 dB(A) change in sound level to be a.doubling or halv- ing sound.39 Y The predominant rating scales for noise in the State of California are the Maximum Noise Level (Lmax), the z Equivalent-Continuous Sound Level(Leq),and the Community Noise Equivalent Level(CNEL). The Lmax a is the maximum noise level measured during a specified time period. The Leq is the average A-weighted CU C. sound level measured over a given time interval. Leq can be measured over any period,but is typically meas- M ured for 1-minute, 15-minute, 1-hour, or 24-hour periods. CNEL is an average A-weighted sound level measured over a 24-hour period. However, this noise scale is adjusted to account for some individuals' in- 0 creased sensitivity to noise levels during the evening and nighttime hours. A CNEL noise measurement is obtained by adding 5 dB to sound levels occurring during the evening from 7:00 PM to 10:00 PM,and 10 dB w to sound levels occurring during the nighttime from 10:00 PM to 7:00 AM. The 5 dB and 10 dB "penalties" are applied to account for increased noise sensitivity during the evening and nighttime hours. The logarith- E mic effect of adding these penalties to the 1-hour Leq measurements typically results in a CNEL measure- ment that is within approximately 3 dB(A) of the peak-hour Leq.40 w Q 36 U.S.Department of Transportation,Federal Transit Administration,Transit Noise and Vibration Impact Assessment,(2006)2- 3. E t 37 U.S.Department of Transportation,Federal Highway Administration,Highway Noise Fundamentals,(19 80)81. 39 U.S.Department of Transportation,Federal Highway Administration,Highway Noise Fundamentals,(1980)81. Q 39 U.S.Department of Transportation,Federal Highway Administration,Highway Noise Fundamentals,(1980)81. 40 California Department of Transportation,Technical Noise Supplement;A Technical Supplement to the Traffic Noise Analysis Proto- col,(Sacramento,California:October 1998),pp.N51-N54. 67 Packet Pg.478 Additional terminology used for assessing noise include the Minimum Noise level (Lc,,;a),which is the mini- mum sound level measured during the measurement period, and the Day-Night Level (Ldn),which is the en- ergy average of the A-weighted sound levels occurring during a 24-hour period,with 10 dB added to the A- weighted sound levels occurring during the period from 10:00 PM to 7:00 AM. The Ldn and CNEL values o differ by less than 1 dB. As discussed above,a 1 dB difference in noise level is not noticed by the human ear. c a Therefore,as a matter of practice,Ldn and CNEL values are considered to be equivalent. o rn Vibration consists of waves transmitted through solid material. 04 vibration propagates from the 03 source through the ground to adjacent buildings by surface waves. The frequency of a vibrating object de- scribes how rapidly it is oscillating, measured in Hertz (Hz). The normal frequency range of most ground- borne vibration that can be felt generally starts from a low frequency of less than 1 Hz to a high of about 200 Hz. Vibration is often measured in terms of the peak particle velocity (PPV) in inches per second (in/sec), because it is related to the stresses that are experienced by buildings. Vibration is also measured in vibration a decibels (VdB). The human threshold of perception is around 65 VdB;the dividing line between barely per- D ceptible and distinctly perceptible is around 75 VdB;and vibration levels are acceptable at 85 VdB if there are an infrequent number of events per day.41 Vibration energy attenuates as it travels through the ground,caus- ing the vibration amplitude to decrease with distance away from the source.42 Ground-borne vibration is °' generally limited to areas within a few hundred feet of certain types of construction activities, especially pile driving. Human annoyance by vibration is related to the vibration energy and the number and duration of events,as well as the setting in which the person experiences the vibration. E E d The project site is located at the intersection of Waterman Avenue and Baseline Street in the City of San Ber- nardino, California. The project area contains a variety of uses including residential, commercial, light- industrial and schools. Noise generated by vehicular traffic traveling on the local roadway network represents �® the predominant and most consistent noise source in the project area. Vehicles traveling in the project area C14 generally include automobiles, trucks, buses, and motorcycles. Noise levels were modeled with SoundPlan, a three-dimensional noise propagation model that is used to visualize the effects of noise in the environment. ° The model was setup to use the Federal Highway Administration (FHWA) Traffic Noise Model (TNM) al- f° gorithms,which were used to calculate the Ldn noise levels based on traffic volumes,vehicle fleet mix,road- way traveling speeds, roadway geometry, elevation, and site conditions. Traffic volumes utilized as data in- °' puts to the noise prediction model were based on information provided by Fehr&Peers,as part of the traffic CD study conducted for the project. The primary roadways analyzed in the traffic study include the following: ♦ Baseline Street between E Street and Del Rosa Drive Z ♦ Waterman Avenue between Highland Avenue and 51h Street -a ♦ Crestview Avenue just north of Baseline Street ° CU ♦ La Junita Street between Baseline Street and Olive Street 2) ♦ Olive Street at the intersection of Waterman Avenue s C7 The traffic volumes for these studied roadways were then split into vehicle type (automobiles,medium trucks, heavy trucks,buses,motorcycles,and auxiliary vehicles) and traffic volumes by time of day(daytime,evening, w nighttime) by using the EMFAC2007 model developed by the California Air Resources Board (CARB). For c al this project,the model was run for the non-desert portion of San Bernardino County within the South Coast E Air Basin. c� w The results of the SoundPlan modeling analysis are provided in Table 8 and presented graphically in Figure Q 15. E U 41 U.S.Department of Transportation, Federal Transit Administration, Transit Noise and Vibration Impact Assessment, (2006), Q 7-8. az California Department of Transportation,Eartbborne Vibrations,(1990)VII-27. 68 Packet Pg.479 re • 1 t ilk / r � ,��r� ll��a•,��s�--_:a�lii`' fir OTT ! � alit�'�r 1 ����f���•�oy�ar�w�l E �n m ( ��►d40 =r ' :�1• ``�.,. ,LA's rWEI r,.�' " ■ �Ulf -tau. �■ rwa r fg I � � ,� ��,•�d a?+ to na `"�^° � I, 1'•" 1'd £ "±n4 It k I 't i JIM f, 6.B.g The State of California Department of Health Services, Environmental Health Division, has published rec- ommended guidelines for noise and land use compatibility. The State Noise Guidelines state that residential land uses and other noise-sensitive receptors generally should locate in areas where outdoor ambient noise levels do not exceed 65 to 70 dB(A) (CNEL or La). According to the State Noise Guidelines, an exterior o noise level of 60 dB(A) CNEL is considered to be "normally acceptable" for single-family, duplex, and mo- bile homes involving normal, conventional construction, without any special noise insulation requirements. Exterior noise levels up to 65 dB(A) CNEL are typically considered "normally acceptable" for multi-family units and transient lodging without any special noise insulation requirements. Between these values and 70 co dB(A) CNEL, exterior noise levels are typically considered "conditionally acceptable," and residential con- T' struction should only occur after a detailed analysis of the noise reduction requirements and needed noise attenuation features have been included in the project design. Under the State Noise Guidelines, an exterior F noise level of 70.0 dB(A)CNEL is typically the dividing line between an acceptable and unacceptable exterior noise environment for all noise-sensitive uses, including schools, libraries, churches, hospitals, day care cen- ters,and nursing homes of conventional construction. M v Chapter 14 of the City of San Bernardino General Plan is the Noise Element,which provides policy guidance that addresses the generation, mitigation, avoidance, and the control of excessive noise. The following poli- cies are particularly relevant to the proposed project: Ca 14.1.1 114inimi7,e, reduce, orprohibit, as may be required, the new development of housing, health care facilities, schools, librar- pi ies, religious facilities, and other noise sensitive uses in areas where existing or future noise levels exceed an Ld„of 63 dB(A)exte- E rior and an La„of 45 dB(A)interior if the noise cannot be reduced to these levels. a z 14.2.2 Employ noise mitigation practices when designing future streets and highways,and when improvements occur along exist- ing road segments. Mitigation measures should emphasi.Ze the establishment of natural buffers or setbacks between the arterial w roadways and adjoining noise-sensitive areas. N 14.2.10 Provide for the development of alternate transportation modes such as bicycle paths and pedestrian walkways to mini- mi.Ze the number of automobile trips. U Consistent with the General Plan,the City of San Bernardino Municipal Code specifies noise restrictions,ex- 0 emptions, and variances for noise sources. Several of these are applicable to the proposed project. Section 8.54.020(L) of the Municipal Code prohibits the "operation or use between the hours of 10:00 PM and 8:00 AM of any pile driver, steam shovel,pneumatic hammers, derrick, steam or electric hoist,power driven saw, a) or any other tool or apparatus, the use of which is attended by loud and excessive noise, except with the ap- v proval of the City." Moreover, Section 8.54.070 specifically prohibits "any work of construction, erection, alteration,repair,addition,movement,demolition, or improvement to any building or structure except within the hours of 7:00 AM and 8:00 PM." The Municipal Code also exempts certain activities associated with the proposed project. Section 8.54.020(H) states that noise resulting from"essential public services and facilities, en including,but not limited to,trash collection and those of public utilities subject to the regulatory jurisdiction of the California Public Utilities Commission"are exempt from the provisions of Chapter 8. W c The City's Noise Ordinance is codified in Chapter 19 of the Development Code. Section 19.20.030.15 speci- fees maximum acceptable levels of noise for residential uses in the City. The standard indicates that exterior noise levels at residential locations should not exceed a CNEL of 65 dB while interior levels should not ex- „° ceed an annual CNEL of 45 dB in any habitable room. Q c The City's Vibration Ordinance is also codified in Chapter 19 of the Development Code. Section 19.20.030.28 states that"no vibration associated with any use shall be permitted which is discernible beyond the boundary line of the property." Y Q 70 Packet Pg.481 TABLE 8 SUMMARY OF EXISTING NOISE LEVELS NEAR THE PROJECT SITE Maximum Estimated N Model Noise;evel Q ID Receptor Type Roadway Road Segment Ldn(dB(A)) N Q 28 Residential Baseline At La Junita 69.7 0 M 29 Residential Baseline East of La Junita 70.3 04 m 30 Residential Baseline East of La Junita 69.5 31 Residential Baseline East of La Junita 69.2 F~- 32 Residential Baseline East of La Junita 71.4 r 33 Residential Baseline East of La Junita 69.1 a 34 Residential Baseline East of La Junita 69.4 U 35 Residential Baseline East of La Junita 67.9 C 36 Residential Baseline East of La Junita 67.0 L 7 Residential Basclinc West of Crestview 70.0 t7 1 Residential Baseline West of Waterman 70.1 2 Residential Baseline West of Waterman 69.9 68 Residential Baseline West of Waterman 72.4 8 Residential Crestview North of Baseline 63.3 c M 9 Residential Crestview North of Baseline 62.3 N 10 Residential Crestview North of Baseline 61.6 = Q 11 Residential Crestview North of Baseline 58.2 +r co L 12 Residential Crestview North of Baseline 61.7 !a V 13 Residential Crestview North of Baseline 61.7 D G 14 Residential Crestview North of Baseline 61.5 > 15 Residential Crestview North of Baseline 61.4 16 Residential Crestview North of Baseline 61.1 Z 'O 17 Residential Crestview North of Baseline 61.4 18 Residential Crestview North of Baseline 61.4 19 Residential Crestview North of Baseline 60.5 20 Residential Crestview North of Baseline 61.1 21 Residential Crestview North of Baseline 60.8 LV C 22 School Crestview North of Baseline 58.6 23 School Crestview North of Baseline 59.0 = U R 24 School Crestview North of Baseline 59.3 Q 25 School Crestview North of Baseline 59.5 26 School Crestview North of Baseline 59.9 E E t 27 School Crestview North of Baseline 60.7 43 Church Olive At La Junita 56.5 Q Q37 Residential Olive East of La Junita 52.7 71 Packet,Pg.482 TABLE 8 SUMMARY OF EXISTING NOISE LEVELS NEAR THE PROJECT SITE(CONTINUED) Maximum Estimated Model Noise Level N ID Receptor Type Roadway Road Segment Ld„(dB(A)) e CV 38 Residential Olive East of La junta 57.0 e" Q 39 Residential Olive East of La Junta 57.3 CD 40 Residential Olive East of La Junta 55.2 00 i 41 Residential Olive East of La junta 55.2 I- 42 Residential Olive East of La Junta 55.7 N ro a 48 Residential Olive West of Waterman 61.5 T- 49 Residential Olive West of Waterman 65.5 per. 50 Residential Olive West of Waterman 60.9 U 51 Residential Olive West of Waterman 62.9 N 52 Residential Olive West of Waterman 59.5 'a co 53 Residential Olive West of Waterman 60.0 V` 54 Residential Olive West of Waterman 58.0 E L 55 Residential Olive West of Waterman 58.8 R 56 Residential Olive West of Waterman 56.7 57 Residential Olive West of Waterman 57.9 to' 58 Residential Olive West of Waterman 56.1 N 59 Residential Olive West of Waterman 56.8 C O 60 Residential Olive West of Waterman 55.6 e�Lo 61 Residential Olive West of Waterman 55.1 V d 62 Residential Olive West of Waterman 58.1 0 CD 64 Residential Waterman Between Baseline and Olive 65.8 m 3 Residential Waterman North of Baseline 61.8 C CD Z 5 Residential Waterman North of Baseline 56.1 -a d 6 Residential Waterman North of Baseline 53.7 t+O 63 Residential Waterman North of Olive 65.1 `= 65 Residential Waterman South of Baseline 63.1 (9 66 Church Waterman South of Baseline 73.6 W 67 Residential Waterman South of Baseline 65.0 +. C 44 Residential Waterman South of Olive 64.9 N E s 45 Residential Waterman South of Olive 73.9 m w 46 Residential Waterman South of Olive 65.0 Q 47 Residential Waterman South of Olive 56.5 CD Note:The effect of any existing noise barriers were not taken into account in the modeling analysis. E Source:Impact Sciences,Inc. t V c0 w w Q 72 Packet Pg.483 6.B.g Discussion a) Would the project expose people to orgenerate noise levels in excess of standards established in the localgeneral plan or noise ordinance, or other applicable standards? N Construction Noise The construction noise impacts were estimated using data from the Federal Transit Administration (FTA). N The FTA has compiled data on the noise-generating characteristics of specific types of construction equip- p ment.43 This analysis modeled the maximum construction noise impacts under several worst-case scenarios, N each scenario representing a combination of equipment types and locations. Noise levels generated by heavy 00 equipment can range from approximately 75 dB(A) to noise levels in excess of 100 dB(A)when measured at a distance of 50 feet from the noise source. The noise levels diminish rapidly with distance at a rate of approx- imately 6.0 to 7.5 dB(A)per doubling of distance for acoustically hard and soft sites,respectively. The types of construction equipment used would vary depending on the construction activity taking place. a Demolition would use equipment such as saws, dozers, excavators, and backhoes. Grading would use U equipment such as dozers, excavators, graders, and backhoes. Building construction would use equipment such as forklifts,cranes,generators,air compressors, and welders. Surface paving would use rollers and pav- ing equipment. CU 0 The noise levels associated with construction of the proposed project are provided below in Table 9. The Lmax noise level represents the highest instantaneous noise levels that would be expected and the Leq noise E level takes into account estimate usage factors, or load factors, for the equipment. The load factors are an a; estimated percentage of time that the equipment would actually be in use. In order to provide a conservative analysis, the noise levels were estimated at the closest point to noise sensitive receptors. The closest point at which heavy-duty construction equipment would operate from noise sensitive receptors would be approxi- M mately 100 feet while hand equipment,such as saws and welders,would be approximately 150 feet. N TABLE 9 ESTIMATED UNMITIGATED CONSTRUCTION NOISE LEVELS R L Noise Levels v m O Lmax Lee Construction Activity (dB(A)) (dB(A)) r Demolition 80.5 75.0 Z Grading 79.0 75.0 6 r Building Construction 79.0 76.0 Source:Impact Sciences,Inc. f� Impact NOISE-1: The estimated construction noise levels associated with the project would result in a po- tentially significant impact. However,mitigation of construction noise impacts to a level that is less than sig- nificant would be conducted through the enforcement of the San Bernardino Municipal Code and in a broad- er sense through the policies of the General Plan Noise Element. In addition,implementation of mitigation measure NOISE-1 would ensure that impacts associated with construction noise would be less than signifi- cant. Q c Mitigation Measure NOISE-1: The project shall comply with the following construction best management E practices: Q 43 U.S. Department of Transportation, Federal Highway Administration, Roadway Noise Construction Model (RCNNv , Software Version 1.1 (12/08/2008). 73 Packet Pg.484 6.B.g Q ♦ Two weeks prior to the.commencement of construction for any phase,notification must be provided to surrounding land uses within 1,000 feet of the project site disclosing the construction schedule,including various types of activities that would be occurring throughout the duration of each construction phase. N ♦ Provide designated truck routes that minimize impacts on local traffic and neighborhoods. 9 ♦ Schedule high noise-producing activities between the hours of 8:00 AM and 4:00 PM Monday through o Saturday to minimize disruption to neighboring residential homes. N 00 ♦ Ensure that construction equipment is properly muffled according to industry standards and in good m working condition. ♦ Place noise-generating construction equipment and locate construction staging areas away from residen- tial homes. T a ♦ Use electric air compressors and similar power tools rather than diesel equipment to the extent that the U necessary equipment are commercial available. y ♦ Construction-related equipment, including heavy-duty equipment, motor vehicles, generators, air com- pressors,and other portable equipment,shall be turned off when not in use for more than 30 minutes. C7 ♦ Construction vehicles and equipment outfitted with back-up alarms shall utilize "smart back-up alarms" that will generate sound at least five decibels louder than the surrounding noise instead of fixed-decibel E L back-up alarms. co ♦ Construction hours,allowable workdays,and the phone number of the job superintendent shall be clearly posted at all construction entrances to allow for surrounding residents to contact the job superintendent. io the superintendent receives a complaint, the superintendent shall investigate, take appropriate correc- N Q If tive action,and report the action to the reporting party. C p Operational Noise L The proposed project would result in an incremental increase in area traffic volumes above those that would cc occur without the project. Noise generated by vehicular traffic traveling on the local roadway network repre- A sents the predominant and most consistent noise source for the project. Vehicles traveling in the project area generally include automobiles, trucks, buses, and motorcycles. The project would require the use of heavy trucks for refuse and municipal solid waste collection. The project would also include rooftop condensers for aMi residential heating ventilation and cooling systems (HVAC); however, the noise from these would be z drowned out by traffic and truck noise. The operational noise impacts were analyzed under four scenarios: ♦ Future Opening Year(2013)Traffic Volumes without the Project ♦ Future Opening Year(2013)Traffic Volumes plus the Project *= ♦ Future Buildout Year(2030)Traffic Volumes without the Project ♦ Future Buildout Year(2030)Traffic Volumes plus the Project w The results of the SoundPlan modeling analysis for the opening year scenarios are provided in Table 10, and m Figures 16 and 17. The figures show the area near to the project site, the noise sensitive receptors, and the E noise contours. The shaded areas indicate the modeled noise levels in dB(A) Ld,,, which is equivalent to dB(A) CNEL. As shown in Table 10, the increase in noise levels is much less than 3 dB(A). As a result, the increase in noise levels from future 2013 traffic volume growth and the incremental increase in project related Q noise would not be perceptible and would result in a less than significant impact. E Q 74 Packet Pg.485 6.B.g TABLE 10 SUMMARY OF FUTURE OPENING YEAR(2013)NOISE LEVELS NEAR THE PROJECT SITE Maximum Estimated Noise Level Ld„ (dB(A)) No Future Future �4r Without Project Plus Project p CD N Estimated Change Estimated Change m Model Receptor Noise from Noise from ID Type Roadway Road Segment Existing Level Existing Level Existing "r- 28 Residential Baseline At La Junita 69.7 69.9 0.2 70.1 0.4 29 Residential Baseline East of La Junita 70.3 70.5 0.2 70.6 0.3 r CL 30 Residential Baseline East of La Junita 69.5 69.7 0.2 69.8 0.3 U 31 Residential Baseline East of La Junita 69.2 69.5 0.3 69.6 0.4 at 32 Residential Baseline East of La Junita 71.4 71.7 0.3 71.8 0.4 O 33 Residential Baseline East of La Junita 69.1 69.4 0.3 69.5 0.4 34 Residential Baseline East of La Junita 69.4 69.6 0.2 69.7 0.3 O 35 Residential Baseline East of La Junita 67.9 68.1 0.2 68.2 0.3 Z 36 Residential Baseline East of La Junita 67.0 67.2 0.2 67.3 0.3 0 7 Residential Baseline West of Crestview 70.0 70.3 0.3 70.7 0.7 N 1 Residential Baseline West of Waterman 70.1 70.4 0.3 70.7 0.6 = O 2 Residential Baseline West of Waterman 69.9 70.2 0.3 70.5 0.6 L 68 Residential Baseline West of Waterman 72.4 72.1 0.3 73.0 0.6 v CD 8 Residential Crestview North of Baseline 63.3 63.5 0.2 63.8 0.5 0 n 9 Residential Crestview North of Baseline 62.3 62.5 0.2 62.8 0.5 10 Residential Crestview North of Baseline 61.6 61.8 0.2 62.0 0.4 m Z 11 Residential Crestview North of Baseline 58.2 58.4 0.2 58.4 02 CD c� 12 Residential Crestview North of Baseline 61.7 61.9 0.2 62.0 0.3 21 13 Residential Crestview North of Baseline 61.7 61.8 0.1 61.9 0.2 14 Residential Crestview North of Baseline 61.5 61.6 0.1 61.7 0.2 15 Residential Crestview North of Baseline 61.4 61.5 0.1 61.6 0.2 W c d 16 Residential Crestview North of Baseline 61.1 61.2 0.1 61.3 0.2 E 17 Residential Crestview North of Baseline 61.4 61.5 0.1 61.6 0.2 v 18 Residential Crestview North of Baseline 61.4 61.5 0.1 61.6 0.2 Q 19 Residential Crestview North of Baseline 60.5 60.7 0.2 60.7 0.2 CD E 20 Residential Crestview North of Baseline 61.1 61.2 0.1 61.3 0.2 U r 21 Residential Crestview North of Baseline 60.8 61.0 0.2 61.0 0.2 Q 22 School Crestview North of Baseline 58.6 58.7 0.1 58.7 0.1 75 Packet Pg.486 TABLE 10 SUMMARY OF FUTURE OPENING YEAR(2013) NOISE LEVELS NEAR THE PROJECT SITE (CONTINUED) Maximum Estimated Noise Level Ldp (dB(A)) N 0 Future Future N Without Project Plus Project p a� N Estimated Change Estimated Change m Model Receptor Noise from Noise from ID Type Roadway Road Segment Existing Level Existing Level Existing F- 23 School Crestview North of Baseline 59.0 59.1 0.1 59.1 0.1 24 School Crestview North of Baseline 59.3 59.4 0.1 59.4 0.1 CL 25 School Crestview North of Baseline 59.5 59.6 0.1 59.6 0.1 U 26 School Crestview North of Baseline 59.9 60.0 0.1 60.1 0.2 N c 27 School Crestview North of Baseline 60.7 60.8 0.1 61.0 0.3 43 Church Olive At La Junta 56.5 57.2 0.7 57.9 1.4 C9 37 Residential Olive East of La Junta 52.7 53.4 0.7 53.6 0.9 L 38 Residential Olive East of La Junta 57.0 57.7 0.7 58.4 1.4 39 Residential Olive East of La Junta 57.3 58.2 0.9 58.7 1.4 3: 0 40 Residential Olive East of La Junta 55.2 56.0 0.8 56.5 1.3 rn 41 Residential Olive East of La Junita 55.2 56.0 0.8 56.5 1.3 N c 0 42 Residential Olive East of La Junta 55.7 56.6 0.9 57.1 1.4 0 L 48 Residential Olive West of Waterman 61.5 61.7 0.2 61.8 0.3 1° v m 49 Residential Olive West of Waterman 65.5 65.7 0.2 65.8 0.3 4 0 50 Residential Olive West of Waterman 60.9 61.1 0.2 61.1 0.2 :r co 51 Residential Olive West of Waterman 62.9 63.2 0.3 63.2 0.3 d Z 52 Residential Olive West of Waterman 59.5 59.7 0.2 59.8 0.3 d 53 Residential Olive West of Waterman 60.0 60.2 0.2 60.2 0.2 0� r 54 Residential Olive West of Waterman 58.0 58.3 0.3 58.3 0.3 C7 55 Residential Olive West of Waterman 58.8 59.0 0.2 58.9 0.1 56 Residential Olive West of Waterman 56.7 57.0 0.3 56.9 0.2 W C 57 Residential Olive West of Waterman 57.9 58.1 0.2 58.1 0.2 0 E 58 Residential Olive West of Waterman 56.1 56.3 0.2 56.3 0.2 v to w 59 Residential Olive West of Waterman 56.8 57.0 0.2 57.0 0.2 Q r 60 Residential Olive West of Waterman 55.6 55.8 0.2 55.7 0.1 61 Residential Olive West of Waterman 55.1 55.4 0.3 55.4 0.3 v 62 Residential Olive West of Waterman 58.1 58.2 0.1 58.2 0.1 .•0, Q 64 Residential Waterman Between Baseline& 65.8 66.0 0.2 66.2 0.4 Olive 76 Packet Pg.487 6.B.g TABLE 10 SUMMARY OF FUTURE OPENING YEAR(2013) NOISE LEVELS NEAR THE PROJECT SITE (CONTINUED) Maximum Estimated Noise Level Ldn (dB(A)) N 0 Future Future Without Project Plus Project Q rn N Estimated Change Estimated Change Model Receptor Noise from Noise from ID Type Roadway Road Segment Existing Level Existing Level Existing F- 3 Residential Waterman North of Baseline 61.8 62.1 0.3 62.2 0.4 r 5 Residential Waterman North of Baseline 56.1 56.3 0.2 56.5 0.4 P a 6 Residential Waterman North of Baseline 53.7 54.0 0.3 54.1 0.4 D U 63 Residential Waterman North of Olive 65.1 65.4 0.3 65.5 0.4 c 65 Residential Waterman South of Baseline 63.1 63.4 0.3 63.6 0.5 cts 66 Church Waterman South of Baseline 73.6 73.9 0.3 74.0 0.4 C7 67 Residential Waterman South of Baseline 65.0 65.2 0.2 65.4 0.4 E L 44 Residential Waterman South of Olive 64.9 65.2 0.3 65.3 0.4 45 Residential Waterman South of Olive 73.9 74.1 0.2 74.3 0.4 Z 0 46 Residential Waterman South of Olive 65.0 65.2 0.2 65.4 0.4 c) M <" 47 Residential Waterman South of Olive 56.5 56.7 0.2 56.8 0.3 C Note:The effect of any existing noise barriers were not taken into account in the modeling analysis. O Source:Impact Sciences,Inc. t"i0 to V O The results of the SoundPlan modeling analysis for the future buildout year scenarios are provided in Table 11 and are presented graphically in Figure 18,Cumulative Future (2030) Roadway Noise Contours-Without Project and in Figure 19, Cumulative Future (2030) Roadway Noise Contours -With Project. As shown in Table 11,the increase in noise levels is less than 3 dB(A),except for noise levels along Olive Street under Fu- z ture Buildout Year (2030) Plus Project conditions. Noise sensitive receptors along Olive Street may experi- ence perceptible increases in noise of 3 dB(A) or more. However, the L&noise levels at these receptors are CU all under 65 dB(A),which is the threshold for noise sensitive uses in the City of San Bernardino. As a result, this would be considered a less than significant impact. The increase in noise levels from future buildout 2033 traffic volume growth and the incremental increase in project related noise would result in a less than significant impact. w f-. Impact NOISE-2: Since the project includes residential uses,the project itself could expose future residents a=i to noise levels that exceed the City of San Bernardino noise threshold of 65 dB(A) for noise sensitive uses. E Noise modeling was also performed for selected on-site noise receptors that would be adjacent to the sur- rounding roadways, and thus be subjected to the highest levels of noise. As shown in Table 12, select on-site Q residents could be exposed to noise levels above 65 dB(A) along Waterman Avenue and Baseline Street. This is considered a potentially significant impact and would require implementation of mitigation measures E NOISE-2a and 2b,below,to reduce the impact to a less-than-significant level. U ClS r w Q 77 Packet Pg.488 u • P � • r s � x•, n 1 99 s.iG.:�i.�.�,i.:.�a."�11/ i i c�� t'Pa�l,� `�;0'yi ��;!►i's��J�'1 LE tld�F "�Il r SMINJ k�'►rJ 3frcf' rr.; 111.4` '� fry �n_i '� �e a,•C� +� "'�P( ��; a t•••� II-. �./2"'4,1�•�\ r ■ S NN mi I° I'mum ell, REM 0 1 y it �p . I -Lbdno/suapae9 uewaa;eM: 0£6Z) u01;eae!0aa an!;eBGN paZe6!l!W JM- 3;uawy0e}}y :;uawy0e1;V CD 0 o m z — (O _ cl� a is cc Q a W a co K Q _ NN Lh I, O M Ln 01 N % W LL � d' yy u'1 V1 l!1 �O �O %D n n 11 it 11 II II II' II II II II II 0 v v V -VI V v V v v v V v — o k—^ acim' vvvevVv V V v 0 U �' 'p �' N O M 0.0% N N m. �' 1, C Z J C' V' Lin v1 Lin ql kD %D %D n n n o CI cy� l7 '' M W Q I _ � e 'r )y LL CD Fb i t r a"1 wi i, C N U V ro a E v i C � 0 • ■.at' •r•u iw� a U:6. k�G� r iM lull 11400-6--lk fag VFJ �- w-M IER ,. em' r 1�1''•!' 'e.•.a \" �u�j� A�s' ji SIP •�/ L X _ o -- A 4 t� kn I[ _ -4 Wno I suapaeo uewiaieM: 0£6Z) uolienioaa ani;eBON pa�e6M OM- 3}uauayae;;d :}uauay�e}��y N` 0 ai a, 't m o0 o z a w Z i d uj C m � I 4 n O M 10 m N �w V) LL F II II II II II II II II II II II p v v v v v v v v v v v v N Z O F- I- LA � m -v Av v v v v v v v v v Z - O O M ID O� N CO 7 h o O V K Z J C �' �. n t\ u rn Lu (A z �t �1 �i �� (3)J o O 4 �.. �t z In } r� _E jj r ii f ,fir' LL LU = ti u i it II I r I i N U) C N N d N C V 0 6.B.g TABLE 11 SUMMARY OF FUTURE BUILDOUT YEAR(2030) NOISE LEVELS NEAR THE PROJECT SITE Maximum Estimated Noise Level Ldp (dB(A)) c Future Future N Without Project Plus Project o Estimated Change Estimated Change N Model Receptor Noise from Noise from Ex- 00 ID Type Roadway Road Segment Existing Level Existing Level isting 28 Residential Baseline At La Junita 69.7 71.5 1.8 72.3 2.6 ~ E- M 29 Residential Baseline East of La Junita 70.3 72.1 1.8 72.9 2.6 30 Residential Baseline East of La Junita 69.5 71.2 1.7 72.1 2.6 d 31 Residential Baseline East of La Junita 69.2 71.0 1.8 71.8 2.6 U 32 Residential Baseline East of La Junita 71.4 73.3 1.9 74.0 2.6 d 33 Residential Baseline East of La Junita 69.1 70.5 1.4 71.7 2.6 'a R 34 Residential Baseline East of La Junita 69.4 70.7 1.3 72.0 2.6 35 Residential Baseline East of La Junita 67.9 69.1 1.2 70.4 2.5 E L 36 Residential Baseline East of La Junita 67.0 68.2 1.2 69.5 15 7 Residential Baseline West of Crestview 70.0 71.9 1.9 72.9 2.9 1 Residential Baseline West of Waterman 70.1 72.0 1.9 72.8 2.7 C M 2 Residential Baseline West of Waterman 69.9 71.8 1.9 72.6 2.7 N .O c 68 Residential Baseline West of Waterman 72.4 73.5 1.1 75.1 2.7 w 8 Residential Crestview North of Baseline 63.3 65.2 1.9 66.0 2.7 cLa 9 Residential Crestview North of Baseline 62.3 64.3 2.0 65.0 2.7 10 Residential Crestview North of Baseline 61.6 63.6 2.0 64.1 2.5 11 Residential Crestview North of Baseline 58.2 60.2 2.0 60.4 2.2 12 Residential Crestview North of Baseline 61.7 63.8 2.1 64.1 2.4 Z 13 Residential Crestview North of Baseline 61.7 63.8 2.1 64.0 2.3 a? 14 Residential Crest,�zew North of Baseline 61.5 63.6 2.1 63.8 2.3 0 r 15 Residential Crestview North of Baseline 61.4 63.5 2.1 63.7 2.3 16 Residential Crestview North of Baseline 61.1 63.2 2.1 63.3 2.2 17 Residential Crestview North of Baseline 61.4 63.5 2.1 63.6 2.2 W c 18 Residential Crestview North of Baseline 61.4 63.6 2.2 63.6 2.2 19 Residential Crestview North of Baseline 60.5 62.7 2.2 62.7 2.2 U 20 Residential Crestview North of Baseline 61.1 63.3 2.2 63.3 2.2 Q 21 Residential Crestview North of Baseline 60.8 63.0 2.2 63.0 2.2 CD 22 School Crestview North of Baseline 58.6 60.7 2.1 60.8 2.2 E 23 School Crestview North of Baseline 59.0 61.1 2.1 61.1 2.1 Y 24 School Crestview North of Baseline 59.3 61.4 2.1 61.4 2.1 Q 25 School Crestview North of Baseline 59.5 61.6 2.1 61.6 2.1 82 Packet Pg.493 TABLE 11 SUMMARY OF FUTURE BUILDOUT YEAR(2030) NOISE LEVELS NEAR THE PROJECT SITE (CONTINUED) Maximum Estimated Noise Level Ld„ (dB(A)) ^y 0 Future Future N Without Project Plus Project a Estimated Change Estimated Change N Model Receptor Noise from Noise from Ex- co 11-5 hype Roadway Road Segment Existing Level Existing Level isting r 26 School Crestview North of Baseline 59.9 62.0 2.1 62.0 2.1 27 School Crestview North of Baseline 60.7 62.8 2.1 62.9 2.2 en r 43 Church Olive At La Junita 56.5 58.5 2.0 59.8 3.3 d 37 Residential Olive East of La Junita 52.7 54.9 2.2 55.5 2.8 U 38 Residential Olive East of La Junita 57.0 59.4 2.4 60.3 3.3 to 39 Residential Olive East of La Junita 57.3 59.3 2.0 60.6 3.3 a0 .a co 40 Residential Olive East of La Junita 55.2 573 2.1 58.4 3.2 0 41 Residential Olive East of La Junita 55.2 57.3 2.1 58.4 3.2 42 Residential Olive East of La Junita 55.7 57.7 2.0 59.0 3.3 tv 48 Residential Olive West of Waterman 61.5 63.9 2.4 64.3 2.8 49 Residential Olive West of Waterman 65.5 68.0 2.5 68.2 2.7 M 50 Residential Olive West of Waterman 60.9 63.3 2.4 63.7 2.8 51 Residential Olive West of Waterman 62.9 65.4 2.5 65.6 2.7 G 52 Residential Olive West of Waterman 59.5 61.9 2.4 62.4 2.9 ca 53 Residential Olive West of Waterman 60.0 62.3 2.3 62.7 2.7 v at ❑ 54 Residential Olive West of Waterman 58.0 60.3 2.3 61.0 3.0 y 55 Residential Olive West of Waterman 58.8 61.0 2.2 61.5 2.7 a� 56 Residential Olive West of Waterman 56.7 58.8 2.1 59.8 3.1 m Z 57 Residential Olive West of Waterman 57.9 60.0 2.1 60.7 2.8 d r ca 58 Residential Olive West of Waterman 56.1 58.1 2.0 59.3 3.2 r 59 Residential Olive West of Waterman 56.8 58.9 2.1 59.6 2.8 60 Residential Olive West of Waterman 55.6 57.5 1.9 58.8 3.2 61 Residential Olive West of Waterman 55.1 57.0 1.9 58.6 3.5 W .r 62 Residential Olive West of Waterman 58.1 60.1 2.0 60.9 2.8 = d _64 Residential Waterman Between Baseline&Olive 65.8 68.4 2.6 68.5 2.7 v m 3 Residential Waterman North of Baseline 61.8 64.4 2.6 64.5 2.7 Q 5 Residential Waterman North of Baseline 56.1 58.7 2.6 58.8 2.7 = d 6 Residential Waterman North of Baseline 53.7 56.3 2.6 56.4 2.7 t 63 Residential Waterman North of Olive 65.1 67.7 2.6 67.8 2.7 0 65 Residential Waterman South of Baseline 63.1 65.6 2.5 65.9 2.8 Q 66 Church Waterman South of Baseline 73.6 76.2 2.6 76.4 2.8 83 Packet P j.494 6.B.g TABLE 11 SUMMARY OF FUTURE BUILDOUT YEAR(2030) NOISE LEVELS NEAR THE PROJECT SITE (CONTINUED) Maximum Estimated Noise Level Ldn (dB(A)) cv 0 Future Future N Without Project Plus Project Q Estimated Change Estimated Change N Model Receptor Noise from Noise from Ex- 00 1D Type Roadway Road Segment Existing Level Existing Level isting 67 Residential Waterman South of Baseline 65.0 67.5 2.5 67.7 2.7 F~- 44 Residential Waterman South of Olive 64.9 67.5 2.6 67.6 2.7 M 45 Residential Waterman South of Olive 73.9 76.5 2.6 76.6 2.7 d 46 Residential Waterman South of Olive 65.0 67.6 2.6 67.7 2.7 L) U 47 Residential Waterman South of Olive 56.5 59.0 2.5 59.1 2.6 to c Note:The effect of any existing noise barriers were not taken into account in the modeling analysis. d Source:Impact Sciences,Inc. cc C7 tC TABLE 12 SUMMARY OF FUTURE 2030 NOISE LEVELS FOR SELECT ON-SITE PROJECT RESIDENTS g d Future Opening Year Future Buildout Year ?� Model (2013)Noise Level (2030)Noise Level ID Receptor Type Roadway Ld„(dB(A)) Ld„(dB(A)) Cl) A*Wftkl 69 Residential Waterman 70.9 73.2 v 0 70 Residential Baseline 70.3 72.6 0 Y 76 Residential Baseline 69.7 71.9 u v 77 Residential Baseline 69.7 71.9 ❑ a� 78 Residential Baseline 69.2 71.4 > is 79 Residential Baseline 69.2 71.4 Z 80 Residential Baseline 69.3 71.5 -p a> 81 Residential Baseline 69.3 71.5 rn 82 Residential Baseline 69.3 71.5 0 71 Residential Baseline 69.7 71.9 72 Residential Baseline 69.6 71.9 W C 73 Residential La Junita 59.6 61.9 74 Residential Olive 61.5 63.4 v !4 r 75 Residential Olive 62.4 64.3 Q Source:Impact Sciences,Inc. E S V w w Q 84 Packet Pb.495 Mitigation Measure NOISE-2a: The project shall be required to implement the following noise reduction features on Baseline Street and Waterman Avenue. ♦ The travel lane widths adjacent to the project site will be reduced from 12 feet down to 10 feet. N 0 ♦ On-street parking shall be provided in areas adjacent to the project site. N ♦ Bicycle lanes shall be provided on Baseline Street. 0 N ♦ A raised center median with dense ground vegetation or ground cover shall be provided. 00 T ♦ Trees and ground vegetation or ground cover shall be provided between the proposed residential build- ings and travel lanes. ♦ Sidewalks shall be setback approximately 8 feet in areas adjacent to the project site. r a ♦ One additional signalized intersection and one relocated intersection, compared to existing conditions, U shall be added adjacent to the project site. ♦ The signalized intersection along Baseline Street adjacent to the project site,including the two additional proposed intersections, shall be set in progression such that vehicle speeds are reduced to approximately 30-35 miles per hour. t5 c� Mitigation Measure NOISE-2b: The pavement along Baseline Street and Waterman Avenue in the area E adjacent to the project site shall be upgraded with features and materials that reduce vehicle noise according to the following parameters. ♦ The pavement shall be upgraded with"quiet pavement"materials,such as rubberized pavement. N ♦ The project site shall include planter strips along Baseline Street with dense vegetation or ground cover. c 0 ♦ The project site shall include"sitting walls"with landscaping materials along Baseline Street approximate- ly 2 to 2.5 feet in height, that will act as noise barriers,with landscaping material placed toward the pro- e`a posed residential buildings. o m Mitigation measures NOISE-2a and 2b would reduce impacts to the senior housing units with balconies fac- ing Waterman Avenue to a less than significant level.While the modeled mitigated noise levels would still be above the allowable sound level of 65 dB(A), the model is not able to include all the mitigation measures z listed. If the effects of the remaining mitigation measures are included, the noise levels for on-site receptors a along Waterman Avenue would be reduced to a level compliant with applicable noise ordinances. a) rn Further,mitigation measures NOISE-2a and 2b would reduce impacts to the residential units along Baseline Street. Mitigation measures cannot be fully modeled using the SoundPlan noise model because no option exists to account for "quiet pavement," such as rubberized pavement, which is reasonably estimated to achieve noise reductions of 4 to 6 dB(A) or more. Based on this information,mitigated noise levels to future w on-site project residents are summarized in Table 13, Summary of Future (2030) Mitigated Noise Levels for d On-Site Project Residents along Baseline Street. As shown, the noise levels would be mitigated to less than E significant. w For the reasons stated above,the proposed project will result in a less than significant impact with incorpora- tion of mitigation measures NOISE-1 and 2a and 2b. (Less than.significant with mitigation incorporated CD E U R w Q 85 Packet Pg.496 6.B.g TABLE 13 SUMMARY OF FUTURE (2030) MITIGATED NOISE LEVELS FOR ON-SITE PROJECT RESIDENTS ALONG BASELINE STREET Noise Reduction Estimated c Modeled Reduced from Quiet Pave- Mitigated Cy Noise Levelsa Ld„ ment Ld„ Noise Level Ld„ Q Model ID Receptor Type Roadway (dB(A)) (dB(A)) (dB(-K)) M 70 Residential Baseline 67.8 -4 to-6 64 N 00 00 76 Residential Baseline 68.8 -4 to-6 65 H 77 Residential Baseline 68.2 -4 to-6 64 t`- M 78 Residential Baseline 68.6 -4 to-6 65 r 79 Residential Baseline 68.6 -4 to-6 65 D. U 80 Residential Baseline 68.6 -4 to-6 65 U) 81 Residential Baseline 68.7 -4 to-6 65 0) d L 82 Residential Baseline 68.6 -4 to-6 56 (M 71 Residential Baseline 69.1 -4 to-6 65 E 72 Residential Baseline 69.0 -4 to-6 65 dy a Includes only those specific mitigation measures from MM NOISE-2a and 2b in which the model has the capability to account for the reduction in M noise. For example,this column includes the effects of reduced vehicle speeds,decreased travel lane widths,center median,and increased distance to the roadway from the siting of sidewalks and bicycle lanes. The additional measures would reduce noise levels to a greater extent that shown in this C table. eh Source:Impact Sciences,Inc. 04 N O L b) Would the project result in the exposure of persons to orgeneration of noise levels in excess of standards established in the City's General Plan or Development Code, or applicable standards of other agencies? W As discussed in a) above, the proposed project would result in significant impacts associated with construe- > tion and operational noise. However, the incorporation of mitigation measures NOISE-1 and 2a and 2b, M described above, would reduce construction and operational noise impacts to a less than significant level. a) (Less than significant with mitigation incorporated -a d c) IVould the 1broject result in the exposure of persons to orgeneration of excessive groundborne tribration orgroundborne noise a� levels? Construction Vibration Construction activities can generate varying degrees of ground vibration, depending on the construction pro- cedures and the construction equipment. The primary and most intensive vibration source associated with w the development of the proposed project would be associated with the use of haul trucks and dozers during construction.44 On-road haul trucks carrying demolition debris, soil, and building materials to and from the t site would be the largest generator of ground-borne vibration since they would travel over roadways that are 0 adjacent to sensitive land uses. Sensitive land uses located in the immediate vicinity of the project site include Q residences along Baseline Street and Waterman Avenue. a� On-road trucks carrying demolition debris, soil, and building materials may also result in vibration impacts as E they travel along roadways. Vibration impacts associated with on-road trucks only occur during one-half of a 0 round trip, since trucks usually arrive or depart a construction site in an unloaded state. The operation of Q 44 Based on the formula VdB=VdB(25ft)-30 x LOG10(D/25),where D is equal to the distance. 86 Packet Pg.497 loaded trucks would result in a vibration velocity level of 82 VdB measured at 35 feet. Thus, the vibration levels generated by loaded trucks would be experienced infrequently and for only a short time as a loaded truck travels along a roadway in the immediate vicinity of a sensitive receptor.45 The operation of dozers within 100 feet of sensitive land uses could generate infrequent vibration levels of up to 69 VdB. The vibra- i tion levels generated by these equipment would be experienced infrequently because construction equipment N generally do not operate continuously in a single location. 6 rn Based on the above analysis, loaded haul trucks and dozers would result in vibration impacts that are under co the FTA vibration thresholds for both human annoyance and structural damage for infrequent vibration events and would therefore be less than significant. M Operational Vibration The proposed project would not include any stationary equipment that would generate ground-borne vibra- lion that would cause an annoyance to humans or any structural damage to buildings. During operation, the project would be served by trash trucks that would collect municipal solid waste. However,these trash trucks �? would be similar to trash trucks that already serve the existing surrounding residential and commercial land uses. Furthermore,as discussed under the construction impacts,loaded haul trucks would not result in vibra- 0a tion levels that exceed the thresholds of significance. Therefore, operational vibration events would be less c`o than significant. c: (U Therefore, the proposed project would have a less than significant impact associated with excessive ground- E L borne vibration or noise levels. (Less than significant) d) Would the project result in a substantial permanent increase in ambient noise levels in the project vicinity above levels exist- o ing without the project? N As previously discussed, operation of the project would result in an incremental increase in area traffic vol- umes above those that would occur without the project. Noise generated by vehicular traffic traveling on the . local roadway network represents the predominant and most consistent noise source for the project. The increase in traffic would result in a permanent increase in ambient noise levels in the project vicinity above existing levels. As shown in Table 12,the increase in noise levels would be under 3 dB(A) except along Olive Street where the increase could be 3.5 dB(A),which is above the threshold of human perception. However, noise levels at sensitive receptors along Olive Street are expected to be below the City of San Bernardino noise threshold of 65 dB(A) for noise sensitive uses because of the relatively low traffic volumes. Therefore, z this would not be considered a substantial noise increase and the impact is considered to be less than signifi- Z cant. (Less than significant) rn e) Would the project result in a substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the projects? Temporary or periodic increases in ambient noise levels would result from construction activity. As previous- ly discussed,the City regulates noise-generating activities through the Municipal Code Section 8.54.020,which w limits the hours of construction activities. As shown in Table 9, construction noise would be approximately 80.5 dB(A) Lmax and 76.0 dB(A) Leq at noise sensitive land uses. Mitigation of construction noise impacts E to a level that is less than significant would be conducted through the enforcement of the San Bernardino Municipal Code and in a broader sense through the policies of the General Plan Noise Element. The project a would be required to implement mitigation measures NOISE-1 and NOISE-2 to reduce noise impacts to less than significant. E t U w Q f 45 Federal Transit administration, Transit Noise and Vibration Impact Assessment (FTA-VA-90-1003-06), (2006) 12-11 and I 12-12. 87 Packet Pg.498 The California Division of Occupational Health and Safety (CalOSHA) provides guidelines to protect the hearing of people employed in the State of California. An employer is required to administer a continuing effective hearing conservation program whenever employee noise exposures equal or exceed an 8-hour time- weighted average sound level of 85.0 dB(A) (referred to as the "action level, or equivalently, a dose of 50 c percent.46 Furthermore,according to the California Department of Transportation (Caltrans),noises levels of c14 85.0 dB(A) are considered "normal' noise level for freeways.47 As shown in Table 9, construction activities o would not generate noise levels, even on a temporary or short-term basis, that would exceed the CalOSHA noise "action level'for employers or the Caltrans"normal'noise level for freeways. Therefore,it is reasona- U bly concluded that the temporary and periodic construction noise levels associated with the project would not °T° pose a risk to human hearing. i- M Although temporary or periodic increases in ambient noise levels would result from construction activity, implementation of Mitigation Measures NOISE-1 and 2 would reduce this impact to a less than significant level. (Less than significant with mitigation incorporated) U J) For a project located within an airport land use plan or Airport Influence Area, would the project expose people resiAna or c working in the project area to excessive noise levels? L The project is not located within an airport land use plan or Airport Influence Area, therefore it would not expose people residing or working in the project area to excessive noise levels. Therefore, no impact would c� occur. (No impact) L m Noise Mitigation Measures: NOISE-1: The project shall comply with the following construction best management practices: 0 M ♦ Two weeks prior to the commencement of construction for any phase,notification must be provided to surrounding land uses within 1,000 feet of the project site disclosing the construction schedule,including various types of activities that would be occurring throughout the duration of each construction phase. o R ♦ Provide designated truck routes that minimize impacts on local traffic and neighborhoods. o ♦ Schedule high noise-producing activities between the hours of 8:00 AM and 4:00 PM Monday through p Saturday to minimize disruption to neighboring residential homes. ♦ Ensure that construction equipment is properly muffled according to industry standards and in good working condition. z ♦ Place noise-generating construction equipment and locate construction staging areas away from residen- tial homes. rn ♦ Use electric air compressors and similar power tools rather than diesel equipment to the extent that the necessary equipment are commercial available. ♦ Construction-related equipment, including heavy-duty equipment, motor vehicles, generators, air com- pressors,and other portable equipment,shall be turned off when not in use for more than 30 minutes. ♦ Construction vehicles and equipment outfitted with back-up alarms shall utilize "smart back-up alarms" that will generate sound at least five decibels louder than the surrounding noise instead of fixed-decibel ;g back-up alarms. Q ♦ Construction hours,allowable workdays,and the phone number of the job superintendent shall be clearly (D posted at all construction entrances to allow for surrounding residents to contact the job superintendent. E U IC Q 46 California Code of Regulations,Title 8,Section 5097,Hearing Conservation Program. 47 California Department of Transportation,Caltrans Safety Manual,Chapter 13 Hearing Protection Program,(1996)13-5. 88 Packet Pg.499 If the superintendent receives a complaint, the superintendent shall investigate, take appropriate correc- tive action,and report the action to the reporting party. NOISE-2a:The project shall be required to implement the following noise reduction features. c N 0 The travel lane widths on Baseline Street and Waterman Avenue adjacent to the project site will be rc- Q duced from 12 feet down to 10 feet. o w ♦ On-street parking shall be provided along Baseline Street and Waterman Avenue in areas adjacent to the 00 project site. F- ♦ Bicycle lanes shall be provided on Baseline Street. F- M ♦ A raised center median with dense ground vegetation or ground cover shall be provided along Baseline Street. _ ♦ Trees and ground vegetation or ground cover shall be provided along Baseline Street between the pro- U 1 posed residential buildings and travel lanes. m ♦ Sidewalks shall be setback approximately 8 feet along Baseline Street in areas adjacent to the project site. Q One additional signalized intersection and one relocated signalized intersection, compared to existing conditions,shall be added to Baseline Street adjacent to the project site. E L ♦ The signalized intersection along Baseline Street adjacent to the project site, including the two additional m proposed intersections, shall be set in progression such that vehicle speeds are reduced to approximately 30-35 miles per hour. o w NOISE-2b: The pavement along Baseline Street and Waterman Avenue in the area adjacent to the project site shall be upgraded with features and materials that reduce vehicle noise according to the following pa- c rameters. .2 �a ♦ The pavement shall be upgraded with"quiet pavement"materials,such as rubberized pavement. 0 The project site shall include planter strips along Baseline Street with dense vegetation or ground cover. > 2 ♦ The project site shall include"sitting walls"with landscaping materials along Baseline Street approximate- ly 2 to 2.5 feet in height, that will act as noise barriers,with landscaping material placed toward the pro- a) posed residential buildings. c� P r C7 w c a� E M U l0 w+ w+ a d E U R r Q 89 Packet Pg:500 6.B.g Less Than Significant Potentially With XII.POPULATION AND HOUSING Significant Mitigation Less Than No Would the project: Impact Incorporated Significant Impact N 0 a) Induce substantial population growth in an area,either direct- C� ly (for example,by proposing new homes and businesses) or El El ® Li 0 indirectly (for example, through extension of roads or other infrastructure)? N ar b) Remove existing housing and displace substantial numbers of O° people or existing housing units, necessitating the construc- ❑ ❑ ® ❑ tion of replacement housing elsewhere? c) Other: ❑ ❑ ❑ ❑ P i a Existing Conditions As of 2010, the population of the City of San Bernardino was 209,924. With 65,401 total housing units and U 59,283 occupied units,the persons-per-household rate is currently 3.54.¢$ The existing project site is currently occupied by 844 residents of the 252 existing dwelling units (3.35 persons per household),which include sin- gle-story duplexes and multi-family townhouses. There is a high level of poverty in the project area,with 30 (7 percent of the households within a 5-minute drive earning less than $15,000 per year, and an additional 16 s= percent earning between$15,000 and$24,999 per year. E L Discussion t° Z a) Would the project induce substantial population growth in an area, either directly(for example, by proposing new homes and c businesses)or indirectly(for example, through extension of roads or other infrastructure)? Cl) N As described in the discussion under IX.b above, the project is consistent with the General Plan and the adopted General Plan Land Use Map and would not induce substantial direct population growth which is o beyond what is anticipated with the planned buildout of the City. The additional dwelling units would result R in approximately 533 additional residents of the project site,based on the current persons per household es- timate of 3.35. In a city that has a population of approximately 209,924, the addition of 159 dwelling units constitutes a relatively small project. The project site is already served by roads and other infrastructure to which the proposed project will connect. For the reasons stated above, the project would not induce sub- stantial population growth either directly or indirectly. Therefore,impacts are anticipated to be less than sig- nificant. (Less than significant) Z d b) Would the project remove existing housing and displace substantial numbers of people or existing housing units, necessitating the construction of replacement housing elsewhere? The project site is currently occupied by 844 residents of the 252 existing housing units. Although all dwell- ing units will be demolished,displacing residents,the project will occur in five phases as described in the Pro- ject Description on pages 4-10 of this document above. w r c A relocation plan,provided in Appendix L, has been prepared to ensure residents are provided with tempo- E rary housing during project construction. The relocation plan includes the projected dates of displacement, an analysis of the relocation needs and relocation housing resources, a description of the relocation advisory services program, and temporary relocation plans. The project will replace all existing housing and add up to Q an additional 159 units. Following construction, there will be no need to construct replacement housing m elsewhere. Therefore,the impacts are anticipated to be less than significant. (Less than significant) E U R as U.S Census Bureau, 2010, Profile of General Population and Housing Characteristics: 2010 for San Bernardino City, Q http://factfinder2.census.gov/faces/tableservices/j sf/pages/productview.xhtml?pid=DEC_10_DP_DPDP1&prodType= table,accessed on May 13,2011. 90 Packet Pg. 501 Population and Housing Mitigation Measures: None required. N a N_ Q O N 03 m r H M r a U C L ♦♦fin� V E L 0 M C O :r R L V d Z Crr_ /G V W cdc G V R W Q d E 0 W V.+ Q 91 packet.Pg.a 502` 62.g .._ Less Than Significant Potentially With Significant Mitigation Less Than No XIII. PUBLIC SERVICES Impact Incorporated Significant Impact N 0 a) Would the project result in substantial adverse physical im- pacts associated with the provision of new or physically al- 0 tered governmental facilities,the construction of which could cause significant environmental impacts,in order to maintain N 0 acceptable service ratios,response times or other performance Q? objectives for any of the public services: YE Fire protection,including medical aid? El E] E E F c-a Police protection? El El Ti r Schools? El El ® El a Parks or other recreational facilities? El ® El C) Other governmental services? El L1 b) Other: ❑ n n n Existing Conditions E L Fire Protection The City of San Bernardino Fire Department provides fire protection and emergency medical services in the City. The Fire Department provides emergency medical care (with emergency medical team personnel and paramedics), "HazMat" (hazardous materials) teams and resources, and aircraft rescue and firefighting ser- vices. The Fire Department also conducts fire safety inspections of businesses,and educates the public about safety measures through school and disaster preparedness programs.49 0 The City of San Bernardino Fire Department (SBFD) has 12 fire stations. The nearest fire stations to the project site are Fire Station No.221 located at 200 East 3rd Street and Station No.226 located at 1920 N.Del Rosa Avenue, approximately 1 mile southwest and 2 miles northeast of the project site, respectively.50 The current total number of personnel available to respond to emergencies,including two battalion Chief Offic- ers,is 51 divided among the 12 stations.51 The SBFD standard for response times,from the time a 911 call is received to the time a unit arrives on scene,is 7:59 minutes or less.52 Response time for a unit varies and de- z pends on the location of the response site. The average response time in the proposed project area is 5.76 a minutes from the nearest fire station and 5.82 minutes from the second nearest fire station. Both of these average response times fall within the SBFD standard for response times.53 a, Police Protection The City of San Bernardino Police Department (SBPD) provides law enforcement services within the city limits. The City of San Bernardino is divided into four Patrol Districts. The project site is located in the uI Southeast District. The police station nearest the project site is the main police station located at 710 North tv E U 49 City of San Bernardino Website, San Bernardino City Fire Department Statistics, http://www.d.san- Y bernardino.ca.us/cityhall/fire/sbfd_facts.asp,accessed on April 7,2011. Q so City of San Bernardino Website, San Bernardino City Fire Department Statistics, http://www.ci.san- bernardino.ca.us/cityhall/fire/stadons.asp,accessed on April 7,2011. 51 City of San Bernardino Website, San Bernardino City Fire Department Statistics, http://www.d.san- E bernardino.ca.us/cityhall/fire/sbfd_facts.asp,accessed on April 7,2011. 52 Eric Esquivel,Division Chief,City of San Bernardino Fire Department,Personal communication with Heather Martinelli, Q June 7,2011. 53 Eric Esquivel,Division Chief,City of San Bernardino Fire Department,Personal communication with Heather Martinelli, June 8,2011. 92 Packet Pg. 503 6.B.g D Street. As crime and calls for service change over time, the District's boundaries and staffing assignments are evaluated to maintain a balance of service across the City. The SBPD classifies calls into the following five call types: Priority E (immediate life threatening emergen- c ties), Priority 1 (very serious and felony crimes in progress), Priority 2 (potentially serious calls such as in- N progress misdemeanors), Priority 3 (disturbance of no known immediate danger) and Priority 4 (property o crimes not in progress). From June 21, 2010 to June 20,2011 the average response times for the above call types were as follows:54 q 00 Priority E-4.95 minutes ♦ Priority 1 - 13.95 minutes ♦ Priority 2-30.39 minutes M ♦ Priority 3-55.64 minutes r ♦ Priority 4-64.31 minutes a M U Staffing for the department is not based on a particular ratio of"officers per thousand" but is determined to m provide the ability to conduct proactive community-oriented policing and problem solving. The SBPD re- views staffing needs on a yearly basis and adjusts service levels as needed to maintain an adequate level of c� public protection.55 c� Schools E The project site is located within the boundary of the San Bernardino City Unified School District (SBCUSD). With over 52,000 students,SBCUSD is the eighth-largest school district in California. The Dis- trict is comprised of 44 elementary schools, ten middle schools, seven high schools, three special education 0 schools and one adult school. The schools that currently serve the project site are E. Neal Roberts Elemen- M Q tary,Arrowview Middle School, and Pacific High School. E. Neal Roberts Elementary and Arrowview Mid- dle School are currently near capacity.56 Other schools located near the project site include the San Bernardi- o no Adult School,Sierra High School,Bing Wong Elementary, and Bradley Elementary. In order to meet the needs of the population, ten schools within the District offer an English/Spanish Dual Immersion program. Additionally, the District offers a variety of Regional Occupational Program (ROP) courses designed to pro- vide career and technical training to prepare students for employment in the local area.57 Parks or Other Recreational Facilities v The City's Parks,Recreation and Community Services Department manages a total of 52 developed parks and a) recreational facilities that encompass approximately 540 acres. A joint agreement with the local schools al- lows the City to offer recreational services on local campuses,including the Tiny Tot program,Senior Citizen leisure programs,and active and passive programs for all age groups. The City also operates seven communi- 0 ty centers that offer a variety of leisure and social activities, such as youth and adult sports, teen and youth M clubs,tutoring,arts and crafts,senior nutrition,family night,etc." The City uses the State Quimby Act and its Development Code for fees and land dedications as well as the w Capital Improvement Program to establish standards and schedules for acquisition and development of new park or rehabilitation of existing parks and recreation facilities. The City's park acreage standard is 5 acres per E 1,000 residents,which exceeds the State's Quimby Act standard of four acres per 1,000 residents. The Chap- . .r r Q w c CV 54 Tiffany Fmon,City of San Bernardino Police Department,Personal communication with Heather Martinelli,June 23,2011. t 55 Brian Pcllis,District Resources Officer,Southeast District,City of San Bernardino Police Department,Personal communi- U cation with Heather Martinelli,April 19,2011. w 56 Tim Deland,Facilities Management,SBCUSD,Personal communication with Heather Martinelli,May 27,2011. Q 57 SBUCSD,2010,Fact Sbeet,[http://sbcusd.com/DocumentView.aspx?DID=99711. 58 City of San Bernardino,2005,General Plan,pages 8-5 and 8-6. 93 Packet Pg. 504 `6.B•g lu ter 19.30 of the Development Code provides for the payment of a fee for each new residential dwelling unit constructed.59 Based on the adopted park standard of five acres per 1,000 residents, build-out of the City would result in a c need for approximately 1,596 acres of parkland. The General Plan designates 469 acres of public parks. N Therefore, future build-out of the General Plan would result in a shortfall of 1,127 acres.60 However, the o projected shortfall is lessened somewhat because parkland total areas do not include the three regional parks, which total 158 acres. Additionally,many school sites,community centers,and senior centers throughout the City are available for recreational activities. Furthermore, the City designates approximately 620 acres of un- co developed open space parkland and 664 acres of public and commercial recreation, which includes private recreational facilities, and an additional 1,312 acres of undeveloped open space and parkland and 57 acres of 1- M public and commercial recreation in the Sphere of Influence areas. The existing project site is well-served by parks and recreational facilities,both on-site and in the surrounding area. A basketball court and single play structure are currently located on the site. Additional facilities are U located at nearby schools. In addition, Secombe Lake State Recreation Area, located one mile southwest of the site, has a large water body, play fields, picnic areas and a small play area. Palm Field Park, located one mile southeast of the project site,has a baseball field and a large community garden. Discussion t° E a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, the construction of which could cause sign(cant environmental impacts, in order to maintain acceptable ca service ratios, response times or otherperformance objectives for any of the public services: 0 Fire Protections? cr) The proposed project will increase the population of the project site by approximately 533 persons, which N could increase the demand for fire protection and emergency medical services provided by the City of San o Bernardino Fire Department (SBFD). As described in existing conditions,above, the average response times in the project area are within the adopted standard of 7:59 minutes. SBFD does not anticipate that the pro- c`o posed project will have a negative effect on response times nor impact the ability of SBFD to provide fire and d medical services. The project area is surrounded by multi-company stations, including a station located ap- 0 proximately 1 mile from the project site,which means that if one unit isn't available to respond to an emer- gency,there is another unit available to respond.61 In addition,developer impact fees are collected at the time ai of building permit issuance. Therefore,impacts to fire protection,including medical aid,are anticipated to be z less than significant. (Less than significant) CU Police Protection? P r Although the increase in population associated with the proposed project may increase the number of police 2 service calls and increase response times, these are not anticipated to result in significant physical impacts as- 0 sociated with the provision of police services.G2 In addition, developer impact fees will be collected at the time of building permit issuance to offset project impacts. Therefore,impacts to police protection are antici- w pated to be less than significant. (Less than significant) E Schools,? u c� The proposed project would result in a total of 159 additional units on the project site. This increase would Q add approximately 178 new students to SBCUSD schools, based on student generation rates used by r SBCUSD. Of the schools currently serving the project site, E. Neal Roberts Elementary and Arrowview CD E 59 City of San Bernardino,2005,General Plan,page 8-3—8-5. v 60 City of San Bernardino,2005,General Plan,page 8-3-8-5. w 61 Eric Esquivel,Division Chief,City of San Bernardino Fire Department,Personal communication with Heather Martinelli, Q June 7,2011. 62 Tiffany Emon,City of San Bernardino Police Department,Personal communication with Heather Martinelli,June 23,2011. 94 Packet Pg. 505 Middle School are near capacity. However by the time of project completion,SBCUSD plans to open a new elementary school in the area and will allow for additional capacity at E. Neal Roberts Elementary. In addi-. don, SBCUSD has plans to shift some feeder elementary schools from K-5 to K-6 grade alignment, which will free up additional capacity at Arrowview Middle School. SBCUSD does not anticipate any issues in being o able to house the additional students generated by the expansion. SBCUSD is prepared to provide for the N temporary relocation of existing students during construction of the project.63 0 As determined in the General Plan Update EIR,buildout of the City would result in a substantial increase in student population, which would require additional school facilities and personnel. The EIR concluded that upon implementation of General Plan policies,regulatory requirements, and standard conditions of approval, the impact to school services would be less than significant. Construction and operation of new school facili- ties would be funded through school impact fees assessed on new developments that occur within the school district. The project would contribute school impact fees based on square footage shown on the building plans during plan check review. Therefore, impacts to schools are anticipated to be less than significant. D (Less than significant) U c Parks or Other Recreational Facilities,? The proposed project is anticipated to generate approximately 533 additional people based on a household @ size of 3.35 persons per household. Based on the City's policy of 5 acres of parkland per 1,000 residents,the proposed project would require an additional 2.67 acres of parkland. The proposed project would include CO many on-site recreation amenities,including a 45,800-square-foot recreational facility and natatorium, pedes- E trian-only greenways, walking paths, and three neighborhood parks with playing fields and picnic areas. CU These proposed facilities would far exceed the project's park/recreational facility requirement and would add much needed facilities not only for project residents but residents from the neighborhoods surrounding the o project site as well. Further,residential projects are required to pay developer impact fees for Parks and Rec- reation which will be collected at the time of building permit issuance. Therefore,impacts to parks and other recreational facilities are anticipated to be less than significant. (Less than significant) o ca Other Governmental Senicesl The proposed project would not require the use of additional governmental services beyond what has been identified above. The proposed project, with approval of the Development Code Amendment, would be e+ consistent with the General Plan. Therefore,no impact is anticipated. (No impact) a� Public Services Mitigation Measures: z None required. ca n w c a� E U R rt+ Q C E L U Rj w Q 63 Tim Deland,Facilities Management,SBCUSD,Personal communication with Heather Martinelli,May 27,2011. 95 Packet Pg. 506 6.B.g Less Than Significant Potentially With Significant Mitigation Less Than No XIV. RECREATION Impact Incorporated Significant Impact o a) Would the project increase the use of existing neighborhood N and regional parks or other recreational facilities such that 1:1 E] ® 1:1 0 substantial physical deterioration of the facility would occur or be accelerated? N a b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which ❑ ❑ ® ❑ 5: might have an adverse physical effect on the environment? r? Existing Conditions r As described in Section XII, there are a total of 52 developed parks and recreational facilities in the City of San Bernardino. Recreational services are also provided at local schools, including the Tiny Tot program, U Senior Citizen leisure programs, and active and passive programs for all age groups. The City also operates m seven community centers that offer a variety of leisure and social activities.ba L M The existing project site is well-served by recreational facilities and amenities, both on-site and in the sur- rounding area. A basketball court and single play structure are currently located on the site. Additional facili- ties are located at nearby schools. In addition,Secombe Lake State Recreation Area,located one mile south- E west of the site,has a large water body,play fields,picnic areas and a small play area. Palm Field Park,located ca one mile southeast of the project site,has a baseball field and a large community garden. 0 Discussion M a� N a) Would the project increase the use of existing neighborhood and re gionalparks or other recreational facilitie, sucb that sub- stantial physical deterioration of the facility would occur or be accelerated? 2 co As discussed in Section XIII,the proposed project would provide the proposed residential development with both private and common area recreational facilities on site;therefore,it would not significantly increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of any facilities would result. In fact,these proposed facilities would add much needed facilities not only for project residents but residents from the neighborhoods surrounding the project site as well. Fur- ther,implementation of policies listed in the Parks and Recreation Element of the General Plan Update, and Z collection of developer impact fees would ensure impacts to recreational facilities are less than significant. a (Less than significant) n w b) Would the pmject include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? The proposed project would include the construction of on-site recreational amenities,including a 38,000- square-foot recreational facility and natatorium, pedestrian-only greenways, a walking path, and two neigh- w borhood parks with playing fields, basketball courts and picnic areas. As the site is already highly urbanized aa) and developed and sensitive environmental resources are not located onsite, the construction of these facili- s ties would not result in an adverse physical effect on the environment. Therefore,impacts associated with the cc construction of recreational facilities are anticipated to be less than significant. (Less than significant) Q Recreation Mitigation Measures: 0 None required. U w Q 64 City of San Bernardino,2005,General Plan,pages 8-5 and 8-6. 96 Packet Pg. 507 Less Than Significant Potentially With XV. TRANSPORTATION AND TRAFFIC Significant Mitigation Less Than No Would the project: Impact Incorporated Significant Impact o a) Exceed the capacity of the existing circulation system, based N on an applicable measure of effectiveness (as designated in a Q general plan policy, ordinance, etc.), taking into account all ❑ ® ❑ ❑ relevant components of the circulation system,including but ca not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths,and mass transit? b) Conflict with an applicable congestion management program, including, but not limited to a level of service standards and travel demand measures,or other standards established by the ❑ ❑ ❑ ❑ T county congestion management agency for designated roads or highways? U c) Result in a change in air traffic patterns, including either an _ _ _ increase in traffic levels or a change in location that results in 1:1 U U Z c substantial safety risks? -o d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses F-1 ❑ ❑ ❑ L (e.g.,farm equipment)? e) Result in inadequate emergency access? E] ❑ ❑ ® E Conflict with adopted policies,plans,or programs supporting ❑ ❑ n alternative transportation(e.g.,bus turnouts,bicycle racks)? g) Other: ❑ ❑ ❑ ❑ M rn Existing Conditions e Tlus discussion is based on the Waterman Gardens Master Plan Traffic Impact Analysis prepared by Fehr ca &Peers in June 2011 and updated in July 2012 (Appendix G). a� Regional access to the project site is provided by State Route 210 (SR-210),Interstate 10 (1-10),and Interstate 215 (I-215). Local access is provided by Highland Avenue, Baseline Street, Olive Street, 51 Street, E Street, Waterman Avenue, La Junita Street, and Del Rosa Drive. Vehicular access to the project site is Crestview Avenue from Baseline Street towards the far east end of the site to the north,Orange Street mid-block from z La Junita Street to the east, and Orange Street mid-block from N. Waterman Avenue to the west. Internal 'D 0 through circulation is provided by Orange Street which runs east-west and Crestview Street which runs north- to south through the site. Additional cul-de-sac roadways extend from Orange Street and Crestview Street to 21 residences. There are three Omnitrans transit lines that currently operate in the study area. These bus lines along the project site perimeter provide access from the project site to Routes 1,4,and 5. Existing bicycle routes in the W project study area are located along Highland Avenue and Baseline Street. The pedestrian network in the study area consists of sidewalks and pedestrian crosswalks, with appropriate pedestrian crossing controls at E signalized intersections. U w w A traffic impact analysis was prepared for the project by Fehr & Peers. The traffic impact analysis uses a Q ,r methodology based on research conducted by the Transportation Research Board and other authorities. Sig- nalized and unsignalized intersection operations were evaluated using methodologies provided in Highway E Capacity Manual (HCM 2000) (Transportation Research Board), are considered the state-of-the-practice U methodologies for evaluating intersection operations, and are consistent with the City of San Bernardino and Q CMP analysis requirements. 97 Packet Pg. 508 The HCM 2000 methodology for signalized and all-way stop-controlled intersections estimates the average control delay for the vehicle at the intersection. For side-street stop-controlled intersections,the methodolo- gy estimates the control delays for each turning movement and identifies the delay for the longest delayed approach (if there is a shared lane, delay is averaged for all turning movements from that lane). After the o quantitative delay estimates are complete, the methodology assigns a qualitative letter grade that represents cap the operations of the intersection. These grades range from level of service (LOS) A (minimal delay) to LOS o F (excessive congestion). LOS E represents at-capacity operations. In the City of San Bernardino, the mini- mum acceptable level of service is established as LOS D for intersections. Mitigation measures are required 04 for locations where traffic conditions show a LOS worse than the minimum acceptable LOS D.65 m The following ten study intersections, shown in Figure 20,were selected for evaluation in the study: F M ♦ E Street at Baseline Street ♦ Waterman Avenue at Highland Avenue a ♦ Waterman Avenue at Baseline Street D U ♦ Waterman Avenue at Orange Street m ♦ Waterman Avenue at Olive Street ♦ Waterman Avenue at 5th Street ♦ Crestview Avenue at Baseline Street ♦ La Junta Street at Baseline Street E ♦ La Junta Street at Orange Street ♦ Del Rosa Drive at Baseline Street Existing traffic counts were collected at the study intersections in May 2011 during the morning(7:00 to 9:00 ° M AM) and evening (4:00 to 6:00 PM) peak hours. At the time that existing traffic volumes were collected, ramp closures on I-215 at 3rd Street, 27th Street, and Highland Avenue (in the northbound direction) were closed. Waterman Avenue at Highland Avenue was also reduced to one-lane traffic in each direction. These O temporary ramp and lane closures could have possibly affected the existing count volumes.66 U The existing traffic volumes, lane configurations, and signal timing information were used to evaluate opera- p dons at the study intersections for the existing AM and PM peak hour conditions, shown in Table 14 below. > Existing lane configurations and peak hour traffic volumes are shown in Figure 21. 6 CD As shown in Table 14,all of the signalized intersections currently operate at LOS C or better during the peak Z hours. For unsignalized intersections,the following two intersections operate at LOS D or worse during the 2 peak hours: ♦ Waterman Avenue/Orange Street— LOS D during the AM peak hour and LOS F during the PM peak hour U ♦Waterman Avenue/Olive Street — LOS D during the AM peak hour and LOS E during the PM peak j hour +' c a� E This determination of deficient conditions occurs because of delays occurring on the side streets connecting to Waterman Avenue,in that vehicles turning onto Waterman Avenue may have to wait for gaps in incoming r traffic. Q c a� E t U w Q 65 City of San Bernardino,2005,General Plan,page 6-16. 66 Fehr&Peers,June 6,2011,Draft Waterman Gardens Master Plan Traffic Impact Analysis,page 13. 98 i Packet Pg. 509 CITY OF SAN BERN A W A T E R M A N GARDENS MASTER PLAN I S/M N D 1: Not to Scale N o � I � rn N CO 00 r Fii hland Ave H 1— M 215t 5t � r U U) 07 .a I G 5t Pacific 5t Ip s= Gilbert 5t O < o E (D U1 Q U 3 < v v D CD Base Line 5t ge St Oran •La Junita m O •�5t Olive 5t ___-- ---_---_-_--- 0 v cb Cb D p o � � 9th St D m v Z cn rn 3 0 Ca v n D + co 5th 5t W c a> v Ca 3rd 5t Q LEGEND Project Location d 0 Study Intersection E U Source:Fehr&Peers,201 I. w Q FIGURE 20 PROJECT LOCATION AND STUDY INT Packet Pg. 510 CITY OF SAN BERN A W A T E R M A N G A R D E N S M A S T E R PLAN I S/M N D w m a m 1°vt a � a N N Ea mE N a E r^m� mE C A N 71(53) m " 51(70) o m o 3 4(30) 411(412)27(96) 2 549(679) 4 332(504) E E� 1 27(34) r 95(98) Ae �Jt 135(119) I �G 38(25) St Highlantl Ave Orange St Base tne L v 37(51) 54(88) � � 87(85)-11, � I^;o 00)—4 CO 472(566) _ —W 294(466) 333(416) { W W W N W (D 3(11) (JI N N 34(27) m w 154(124) 81(104) 4 u A 0)O CD O J N V m I— M r 1 ON �ift M T U m a J 0 0 — 28(46) ^ q0 18(19) 3 12(18) I\ttirr3 <304(147) �lj(� 4 561(553) 4 587(605) 1(2) ��r a 68(59) - ♦ - r 15(7) � 19(9) 0 20(9) o1hve St 2(7) 51h St Base Line St 48) 4 W a Base Line St (( 78(96) 31 4366 62128(419 411(636) �1r 1 E 61) N 10(12) ) 11229) W( � _ +; A co N S W W T v .., NrQ 0 Hl hland Ave I L 5 Not to Scal O 215t 5t N N N O W fT O 1� 0(0) CD }0(0) 0 �G 0(0) N Orange St Driveway 3(4) 16 St Pacific 5t 0(0) 28 9 L o g o Gilbert 5t C) �vJ w n Da R v 10.Del Rosa Dr& r ±= Base Line Stx Ilk Base Dne St t (� a j ¢ Oran e 5t a 5t lta LEGEND v rn aNi o 24(43) Olwe St w"' `xa t"'` 6 F 1 Project Location W A) l <—460(360) M 0 Analyzed Intersection y 63(25) o d E 9th St Turn Lane Base Une St XN WPM) Peak Hour _ 246(518)4 D Traffic Volumes *° 93(33) N J W N W C;3 rn Traffic Signal Q N Stop Sign RTo Right Turn Overlap E NuT No U-Turn = Source:Fehr&Peers,2012. ..I Q FIGURE 21 EXISTING LANE CONFIGURATIONS AND PEAK HOUR TRAFFI Packet Pg. 511] TABLE 14 INTERSECTION LEVELS OF SERVICE:EXISTING CONDITIONS AM Peak Hour PM Peak Hour N Intersection Control Delaya LOS Delay LOS N 1. E Street/Baseline Street Signalized 14.2 B 15.3 B Q 2. Waterman Avenue/Highland Avenueb Signalized 26.7 C 28.2 C 0 N 3. Waterman Avenue/Baseline Streetb Signalized 21.1 C 23.8 C 00 T 4. Waterman Avenue/Orange Street SSSC3 32.9 D 127.6 F H 5. Waterman Avenue/Olive Street SSSC3 30.2 D 48.3 E � M 6. Waterman Avenue/5d,Streetb Signalized 17.4 B 20.3 C r 7. Crestview Avenue/Baseline Street Signalized 3.4 A 3.3 A 0. 8. La Junita Street/Baseline Street SSSC, 15.2 C 18.0 C U 9. La Junita Street/Orange Street SSS& 8.7 A 8.8 A N C 10. Del Rosa Drive/Baseline Street Signalized 25.3 C 23.1 C ca Delay for intersections based on application of 2000 Highway Capadty Manual Methodology. Delay was calculated using Synchro 6.0 software. (� CMP intersection C c SSSC=Side Street Stop Sign Controlled Source:Fehr&Peers,2011. E d R O Discussion a) To identify significant project impacts, Fehr & Peers evaluated the following scenarios as part of the pro- i posed project consistent with the City of San Bernardino Traffic Impact Analysis Guidelines and the re- o quirements set forth in the San Bernardino County Congestion Management Program (CMP): ♦ Existing Conditions- Consists of existing (May 2011) counts collected at the study intersection locations. v Existing counts were conducted on May 4, 2011 from 7:00 to 9:00 AM for the morning peak hour and p from 4:00 to 6:00 PM for the evening peak hour. > t. ♦ Project Opening Year(2013) Base Conditions- Consists of the Existing Conditions traffic volumes plus an a� annual growth factor of three percent per year over the two-year period between the existing counts and Z the project opening year. ♦ Proiect Obenin�g Year(2013)plus Project Conditions- Consists of Project Opening Year (2013) Base Condi- at ' tions plus traffic generated from the proposed project. ♦ Future Build-Out Year(2033)Base Conditions-Consists of Existing Conditions traffic volumes plus a three CD percent per year growth factor plus traffic generated from approved and pending projects in the pro- posed project's vicinity. w c ♦ Future Build-Out Year(2033)plus Project Conditions-Consists of Future Build-Out Year (2033) Base Condi- E bons plus traffic generated from the proposed project. w The 2033 scenario analyzes the cumulative conditions impacts from nearby projects expected to influence the Q study area. Cumulative projects are defined as all projects that were pending, approved, or under construc- tion in the City of San Bernardino as of May 2011. The pending and approved projects analyzed in the 2033 E scenario are shown on Figure 22. 0 The scenarios described above were evaluated during the weekday morning and evening peak hours. Q 101 Packet Pg.512 -LWno I suepaeo umnieM : 0£6Z) uoi;eJeIoap aAIJeBON paW6IM JM- 3 Iuauayae};y :juawl43e;;y mN <O — Z U Ca N w ID. � 0 O ++ N O IL Y Q Z a �_ V ZZ 9 a oe¢ O W J L C Q Victoria Ave O Q ; 2 w to Z 0 Q ~ O C13 H ^ J d W Q V C C. E Arden Ave rz W CL IL u Z F ° © LU No Q U a 0 O Z 5terlin Ave Z 0 Z F W IL w Del Rosa Dr 3 u Tippecanoe Ave R d 'n 6obbett Dr 0 � Myrtle Dr N R � Lena Rd O len,a - m v Crestview Ave u t�. c N L OWaterman Ave 1 O } '� ''� Waterman Ave u 0 L CD m N m = — fl O Arrowhead Ave E st H 5t Mt Vernon Ave Medical Center C r 0 N v a 0 o6 L W LL vv U 3 0 N 6.B.g a) Would the project exceed the capacity of the existing circulation system, based on an applicable measure of effectiveness (as designated in a general plan policy, ordinance, etc.), taking into account all relevant components of the circulation system, includ- ing but limited to intersections,streets,highivays and freeways,pedestrian and bicycle paths,and mass transit? N The project is proposing both on-site and off-site improvements to roadways. The on-site improvements 9 include the reconstruction of new roadways within the project site, as shown on Figure 3. Concurrent with these on-site improvements, a series of off-site improvements will be constructed along several roadways ad- o jacent to the project site including Baseline Street, Waterman Avenue, Olive Street, and La Junita Street. p These proposed improvements include: co T ♦ Narrowed travel lanes,to slow down traffic and decrease the permeable surface area. t- ♦ On-street parallel and diagonal parking, to decrease the needed travel surface area to parking spaces and F" M decrease traffic speeds. T ♦ Raised crosswalks and curb bulb outs,to increase pedestrian safety. T a ♦ Increased sidewalk width,to promote walking and the accessibility of pedestrian routes. U ♦ Addition of street trees. m ♦ Under-grounding of existing electrical lines. L With these proposed improvements, the number of existing travel lanes on Baseline Street and Waterman Avenue would be maintained to preserve roadway and intersection capacity. CU E L The Opening Year (2013) scenario analyzes the intersection conditions with the addition of ambient growth r per year from the existing volumes to 2013 (the opening year for the proposed project). A 3 percent ambient growth per year, over the two-year period between the existing and opening year scenario (equal to 6.09%) was applied to the existing conditions volumes per City of San Bernardino Traffic Impact Study Guidelines. Cn There are no roadway improvements planned and funded at the study intersections that will be completed by 2013. Intersection level of service analysis results for opening year (2013) are summarized in Table 15. As = shown in this table,with the application of ambient growth, most of the study intersections will continue to operate at LOS C or better,with the exception of the following two intersections: U ♦ Waterman Avenue/Orange Street—LOS E during the AM peak hour and LOS F during the PM peak o hour W w ♦ Waterman Avenue/Olive Street—LOS E during the AM peak hour and LOS F during the PM peak hour m Z The opening year (2013) conditions, described above, plus the project conditions were used to evaluate the 0 net change in traffic conditions and to identify potential traffic impacts associated with the proposed project. CD CD Fehr&Peers estimated the project trip generation by applying standard trip generation rates,based on ITE's 2) Trip Generation, 8th Edition,2008. Table 16 summarizes the trip generation estimates for the proposed pro- ject. At the study intersections, the proposed project includes the following intersection improvements shown on w the project site plan: ♦ Waterman Avenue/Baseline Street—Signal modification. E ♦ Proposed Alder Street/Baseline Street—Install traffic signal. ♦ Crestview Avenue/Baseline Street — Intersection realignment to connect Crestview Avenue and signal Q modification. ♦ Waterman Avenue/Orange Street — Intersection realignment to connect Orange Street and side-street stop controlled. C ♦ Waterman Avenue/Olive Street—Install traffic signal. w ♦ La Junita Street/Orange Street—All-way stop controlled. Q 103 Packet Pg. 514 TABLE 15 INTERSECTION LEVELS OF SERVICE:OPENING YEAR(2013)NO PROJECT AM Peak Hour PM Peak Hour N Intersection Control Delaya LOS V/Ce Delaya LOS V/Ce N 1. E Street/Baseline Street Signalized 14.5 B 0.41 15.5 B 0.43 0 2. Waterman Avenue/Highland Avenueb Signalized 27.1 C 0.48 28.9 C 0.59 N 00 3. Waterman Avenue/Baseline Streetb Signalized 23.3 C 0.57 25.0 C 0.58 m 4. Waterman Avenue/Orange Street SSSCa 41.0 E n/a 224.8 F n/s H M 5. Waterman Avenue/Olive Street SSSCa 35.0 E n/a 65.4 F n/a P 6. Waterman Avenue/5th Streetb Signalized 18.1 B 0.57 21.5 C 0.69 d 7. Crestview Avenue/Baseline Street Signalized 3.4 A 0.29 3.4 A 0.28 U N 8. La Junita Street/Baseline Street SSSCa 16.2 C n/a 19.5 C n/a 9. La Junita Street/Orange Street SSSCa 8.7 A n/a 8.8 A n/a 0 10. Del Rosa Drive/Baseline Street Signalized 25.8 C 0.54 23.5 C 0.47 = cts ' Delay for intersections based on application of 2000 Hi gbway Capacity Manual Methodology. Delay was calculated using Synchro 6.0 software. E b CMP intersection ty V/C=Volume to Capacity ratio. Note-V/C is not calculated for unsignalized intersections. d SSSC=Side Street Stop Sign Controlled �} Source:Fehr&Peers,2011. O M O N TABLE 16 PROJECT TRIP GENERATION p Trip Generationa AM Peak Hour PM Peak Hour Land Use Size Unit Daily Inbound Outbound Total Inbound Outbound Total CD New Multi-Family p Dwelling Units 411 Du 2,733 421 168 210 166 90 256 d Existing 252 Multi-Famiyl DUh -2,598 -26 -88 -114 -105 -55 -160 Z Total 135 16 80 96 61 35 96 d Y M Community Center 114 ksf 2,609 113 73 186 62 105 167 9 i+ Irtternali.Zed Trps from Residents, -1,305 -57 -36 -93 -31 -52 -84 Total 1,305 57 37 93 31 53 84 Trip Generation Total: 5,342 155 241 396 228 195 423 Internalized Trips Total: -1,305 -57 -36 -93 -31 -52 -84 W Total Net New Trip Generation 1,440 72 117 189 92 88 180 Trip generations and pass-by rates calculated from ITE Trip Generation(8th edition,2008)and Trip Generation Handbook(2nd edition,2004) E Categories 220 and 495. V n Credits calculated from existing counts conducted on April 28,2011 at inlet/outlet locations to project site. Proportion of existing land use units over proposed land use units(252/411=61.3%)is credited for counts exceeding ITE trip generation values. Q Community Center is assumed to be primarily used by residents of the project. Source:Fehr&Peers,2011. C GS E V R w Q 104 Packet:Pg.515', 6.B.g The project-related trips,listed in Table 16,were added to the Opening Year No Project volumes to develop Opening Year with Project volumes, shown in Figure 23. Intersection level of service results for Opening Year (2013) plus Project are summarized in Table 17. Table 18 compares the change in volume-to-capacity ratios at intersections that operate at LOS C,D,E,or F to determine project impacts. As shown in Table 17, c the project does not significantly impact the street network for the opening year scenario. No mitigation cv measures are required. rn 2033 traffic volumes were developed by applying a 3 percent annual growth rate to existing traffic counts. � The list of pending and approved projects, shown in Figure 22, was also used to determine the amount of 00 traffic generated from related projects which were added to the traffic volumes. The level of service results are summarized in Table 19 for the Future Buildout Year(2033)No Project Condition. M r In order to determine traffic impacts on the existing circulation system associated with buildout of the pro- r ject,the traffic volumes generated by the proposed project were added to the Future Year Buildout(2033)No v Project peak hour traffic volumes for the study intersections. This resulted in the Future Year Buildout (2033)Plus Project peak hour volumes shown on Figure 24 and listed in Tables 20 and 21 below. W -a As shown in Table 20, the traffic analysis found that with the addition of the proposed project several inter- sections would have deficient operations in either the AM or PM Peak Hour but would not exceed City of v San Bernardino thresholds as described below: E ♦ Waterman Avenue/Highland Avenue—AM and PM Peak Hour:The intersection would operate at CU LOS E in the AM peak hour with a Volume to Capacity (V/C) ratio difference of 0.00 and LOS F in the ?� PM peak hour with a V/C ratio difference of 0.01 from the "without project" scenario. The V/C ratio, o not delay, is the controlling factor of significant impacts in the City of San Bernardino. The V/C ratio n A difference for this intersection falls within the allowable difference in V/C ratios. Therefore, mitigation measures are not required for this location. o ♦ Waterman Avenue/5th Street AM and PM Peak Hour:The intersection would operate at LOS D in the AM peak hour with a V/C ratio difference of 0.00 and LOS F in the PM peak hour with a V/C ratio difference of-0.07 from the "without project" scenario. The V/C ratio, not delay,is the controlling fac- tor of significant impacts in the City of San Bernardino. The V/C ratio difference for this intersection falls within the allowable difference in V/C ratios. Therefore,this location does not need to be mitigated and no mitigation is required for this scenario. Z -o v ♦ La Junita/Baseline Street—AM and PM Peak Hour:The intersection operates at LOS D in the AM peak hour and LOS F in the PM peak hour. Although the "with project" scenario surpasses the LOS C 2) minimum requirement for unsignalized intersections,it does not satisfy the peak hour signal warrant re- quirements to install a traffic signal. Therefore, mitigation measures are not required for this location since the City requires that an unsignalized intersection exceed both the LOS threshold and meet with peak hour signal warrant. w ♦ Del Rosa/La Junita Street— AM Peak Hour: The intersection operates at LOS D in the AM peak E hour with a V/C ratio difference of 0.01 from the"without project" scenario. The V/C ratio,not the de- lay is the controlling factor of significant impacts in the City of San Bernardino. The V/C ratio differ- ence for this intersection falls within the allowable difference in V/C ratios. Therefore,this location does Q not need to be mitigated and no mitigation is required for this scenario. a� E Q 105 Packet Pg. 516 3 S 7 CITY OF SAN BERN A j W A T E R M A N GA R D E N S MASTER PLAN I S/M N D i .'` xr z E St& 2 Waterman Ave 3 Waterman Ave& 4. Waterman Ave& Base Line St Highland Ave Base Line St Orange St V ,! W W-Q W V Q co N v uJi l wy a _J N 1a�n,E m jiw o cu-0 1 O W.t. m W N -E N 81(60) ( ) RTO 60(79) 77(72) 610(742 352 535 4 442(441 () 35(40) 105(109) f f Q i rur143(126) 58(40) Base Line St Highland Ave Base Line St Orange St 1(5) ONO 39(54) 57(93) 92(90)� 0(0)—4. 1 00 519(623) I�rw 312(516) m w 357(445) m w rO 3(12) 'O 167(137) N 108(138) o w w � r Oerma ve$�� A�`' t O NO a �u a _ ,. . O <I V Q 4 I 1 a^W E who E -4 As = cii N °w 30(49) ? d 19(20) 'p /(,JUI, 3 13(19) NUr3 E 323(156) vU E 595(587) F 630(651) M .• 33(19) I 72(63) I r 23(16) 27(19) Ue Olive St 5111 St Base une St Base Line St i 3(1, 94(116) ��� 33(51) T 474(719) E ( ) 136(445)� NUT 436(675) 18 13 L- 6 12 rn a N 119(137) V <n rn 15(18) W N ( ) N r N N O —0 V c v V M O W W 0 bft 4- t "KI, c in hland 2 I--t St Not to Scale O w �+ N V O 0(0) V 0(0) Q 0(0) Q Orange St Driveway > 15(13) �( 1 6 5t Pacific 5t 0(0)-{� 30(10) y cn o Gilbert St d ow < ° Z g nv n �n A R N n N 3 S & m 10 Rosa Dr& n +r Base Line St Alk Base Line 5t (' t w ° °;1 �F► ' a Junita o = 5t LEGEND w o W 25(46) o ve st Project Location 495(391) w © Analyzed Intersection ,q 67(27) C d Base Line St * stn 5t Turn Lane t 59(151)J" X(X) AM(PM) Peak Hour 272(559) 1 I i Traffic Volumes 105(39) $ Traffic Signal Q a rn Stop Sign RTO Right Turn Overlap E CD NuT No U-Turn L v Source:Fehr&Peers,2012, w Z Q a c' FIGURE 23 s OPENING YEAR (2013) PLUS PROJECT CONDITION VOLUME CONFIGURATIONS AND PEAK HOUR TRAFFI PacketPg. 517 ) i i f TABLE 17 INTERSECTION LEVELS OF SERVICE:OPENING YEAR(2013)PLUS PROJECT AM Peak Hour PM Peak Hour N O Intersection Control Delaya LOS V/C` Delaya LOS V/C`' N 1. E Street/Baseline Street Signalized 14.4 B 0.41 15.6 B 0.45 Q 2. Waterman Avenue/Highland Avenueb Signalized 27.2 C 0.49 29.3 C 0.61 N 00 00 3. Waterman Avenue/Baseline Streetb Signalized 29.9 C 0.60 31.1 C 0.63 r 4. Waterman Avenue/Orange Street SSSCd 95.8 F n/a 110.0 F n/a � M 5. Waterman Avenue/Olive Street Signalized 6.8 A 0.42 6.8 A 0.43 r r 6. Waterman Avenue/5t6 Streetb Signalized 18.4 B 0.58 21.6 C 0.69 C. 7. Crestview Avenue/Baseline Street Signalized 4.9 A 0.28 4.5 A 0.28 U N 8. La Junita Street/Baseline Street SSSCd 15.1 C n/a 18.8 C n/a 9. La Junita Street/Orange Street SSSCd 9.0 A n/a 9.1 A n/a e`C O 10. Del Rosa Drive/Baseline Street Signalized 26.1 C 0.57 23.7 C 0.48 Delay for intersections based on application of 2000 Highway Capaaty Manual Methodology. Delay was calculated using Synchro 6.0 software. b CMP intersection 47 c V/C=Volume to Capacity ratio. Note-V/C is not calculated for unsignalized intersections. d SSSC=Side street stop controlled Source:Fehr&Peers,2012. O M O N TABLE 18 IMPACTS FOR SIGNALIZED INTERSECTIONS:OPENING YEAR(2013)PLUS PROJECT O e Allowable AM Peak Hour PM Peak Hour LOS AV/C- AM AM No With No With v Intersection (PM) (PM) Project Project AV/C Project Project AV/C 0 1, E Street/Baseline Street B(B) 2. Waterman Avenue/Highland Ave. C(C) 0.04(0.04) 0.48 0.49 0.01 0.59 0.61 0.02 d 3. Waterman Avenue/Baseline Street C(C) 0.04(0.04) 0.56 0.60 0.04 0.60 0.63 0.03 z 4. Waterman Avenue/Orange Street F(F) 3 5. Waterman Avenue/Olive Street A(A) 6. Waterman Avenue/51h Street B(C) n/a(0.04) 0.69 0.69 0.00 V, a 7. Crestview Avenue/Baseline Street A(A) t 8. La Junita Street/Baseline Street C(C) W 9. La Junita Street/Orange Street A(A) d 10.Del Rosa Drive/Baseline Street C(C) 0.04(0.04) 0.54 0.57 0.03 0.47 0.48 0.01 v s R # e V/C=Volume to Capacity ratio. Calculated using the Synchro 6 software package. { Shaded cells indicate where intersections operate at LOS A or B. Q Bold-Italicized type indicates project impact. Source:Fehr&Peers,2011. 1 � c0 r r Q 107 Packet Pg. 518 l 3 TABLE 19 INTERSECTION LEVELS OF SERVICE:OPENING YEAR(2013)PLUS PROJECT AM Peak Hour PM Peak Hour N Intersection Control Delaya LOS V/C` Delaya LOS V/C` N 1. E Street/Baseline Street Signalized 14.4 B 0.41 15.6 B 0.45 Q 2. Waterman Avenue/Highland Avenueb Signalized 27.2 C 0.49 29.3 C 0.61 N 00 3. Waterman A.•enue/Baseline Streetb Signalized 29.9 C 0.60 31.1 C 0.63 °O 4. Waterman Avenue/Orange Street SSSCd 95.8 F n/a 110.0 F n/a F 5. Waterman Avenue/Olive Street Signalized 6.8 A 0.42 6.8 A 0.43 M 6. Waterman Avenue/5th Streetb Signalized 18.4 B 0.58 21.6 C 0.69 d 7. Crestview Avenue/Baseline Street Signalized 4.9 A 0.28 4.5 A 0.28 U S. La Junta Street/Baseline Street SSSCd 15.1 C n/a 18.8 C n/a N d 9. La Junta Street/Orange Street SSSCd 9.0 A n/a 9.1 A n/a R C9 10. Del Rosa Dtve/Baseline Street Signalized 26.1 C 0.57 23.7 C 0.48 R a Delay for intersections based on application of 2000 Highway Capacity Manual Methodology. Delay was calculated using Synchro 6 software. E CMP intersection V/C=Volume to Capacity ratio. Note-V/C is not calculated for unsignalized intersections. 1 d SSSC=Side Street Stop Sign Controlled ?� Source:Fehr&Peers,2012. O M O TABLE 20 INTERSECTION LEVELS OF SERVICE:FUTURE BUILDOUT YEAR(2033) PLUS PROJECT C AM Peak Hour PM Peak Hour a to Intersection Control Delaya LOS V/C° Delaya LOS V/CC 1. E Street/Baseline Street Signalized 18.1 B 0.67 28.8 C 1.03 ❑ 2. Waterman Ave/Highland Aveb Signalized 56.7 E 0.84 93.4 F 1.15 3. Waterman Ave/Baseline Streetb Signalized 55.2 E 0.96 55.6 E 1.00 Z 4. Waterman Ave/Orange Street SSSCd 132.1 F n/a ERR F n/a d M 5. Watery man Ave/Olive Street Signalized 9.5 A 0.65 16.1 B 0.76 6. Waterman Ave/5d'Streetb Signalized 43.6 D 0.85 104.5 F 1.09 S` C4 7. Crestview Ave/Baseline Street Signalized 5.1 A 0.41 6.3 A 0.50 8. La Junta Street/Baseline Street SSSCd 31.2 D n/a 207.5 F n/a W C 9. La Junta Street/Orange Street SSSCd 9.1 A n/a 9.3 A n/a E t 10. Del Rosa Drive/Baseline Street Signalized 39.7 D 0.85 31.3 C 0.74 11. Q Delay for intersections based on application of 2000 Highway Capacity Manual Methodology. Delay was calculated using Synchro 6.0 software. n CMP intersection E V/C=Volume to Capacity ratio. Note-V/C is not calculated for unsignalized intersections. d SSSC=Side street stop controlled Source:Fehr&Peers,2012. Q 108 Packet Pg.519 CITY OF SAN BERN A W A T E R M A N GARDENS MASTER PLAN I S/M N D as �i(f111iIVLi)Vi,°„ i(JI ,nru e1 m N N m A NA y WW J q N E W mmP 4 N v ID 0) 04(13A 142(106) 52(184) 7RT�0 1 9) W W N 9 98(97) 1,081(1,333) 648(991) ��74(803) ur.4 58(69) 186(193) 2853 *4 Q 0 Base Line St Highland Ave Base Line St Orange St N 71(98) 103(169) 167(163) 2(10) 07 (J,I� 0(0 _ 00 933(1,109) Nt� 580(955) 653(8U3j m .,. � 6(21) 1 65(52) 'D rn; 299(243) N 177(227) N A I� w c°n rn W m W t2 ro 0 N N CEO m '0+ W � atein A e i $ t r @$t��t 7 ftl. 8. La Junita St& 0. � 5 S 0 Base Line St m ,,,+ , Ay. x U W Q N A Q Q o n ^° A °W m a Ate-, I U! O) N W m W m A Z m m g A J N 54(88) n�rOiL) 34(36) 3 23(34) Rur F 582(282) F—1,102(1,077) E—1,159(1,185) 2(4) 130(113) / ► 36(22) 43(26) 50(26) 0 ���11►^^'l11" Olive St 4(13) 5th SI Base Line St Base Line St i 6 2 160(198) R 59(92) 863(1,319) E ( ) 245(803) NUT) 804(1,247) 11 6(2) o m o 215(247) W N 23(28) W rn 33(23) w m-4 d N A a) W W W N NWv O NO m N .A.. N v -4 N A O j 9. La Junita St& N Orange St Hi hland Ave IN 215t 5t Not to Scat O N -9 L (n m O 0(0) V I 0(0) O(0) Orange St Driveway 18(17)- 1 G 5t Pacific St c(a) y i ca 54(17) �1 L f co rn o Gilbert 5t C1 wv < o Z nv v n 6(e 'a co s � 3 v rn o CD Line 5t r 3 N ° Junita � A A St LEGEND N ) oi e st ° o W � Pj Location as(62 915(716) A Analyzed Intersection a) 121(48) E 9th st Turn Lane j= Base Linest X(X) AM(PM) Peak Hour v 102(270) I 494(1,028) 'I D Traffic Volumes Y w 189(68) o w ` C Q Traffic Signal Q A N v rn 3 N o cn u Stop Sign ° n RTO Right Turn Overlap NUT No U-Turn t V Source:Fehr&Peers,2012. .r Q FIGURE 24 FUTURE BUILDOUT YEAR (2033) PLUS PROJECT LANE CONFI AND PEAK HOUR TRAFFI PacketPg.520 6.B.g TABLE 21 IMPACTS FOR SIGNALIZED INTERSECTIONS:FUTURE BUILDOUT YEAR(2033) PLUS PROJECT AM Peak Hour PM Peak Hour LOS N Allowable 9 AM AV/C- No With No With Q Intersection (PM) AM M Project Project AV/C Project Project AV/C p 1. E Street/Baseline Street B(C) n/a(0.04) 1.01 1.03 0.02 N co 2. Waterman Ave/Highland Aveb D(F) 0.02(0.01) 0.84 0.84 0.00 1.14 1.15 0.01 m 3. Waterman Ave/Baseline Stb D(D) 0.02(0.02) 0.91 0.96 0.05 0.97 100 0.03 F 4. Waterman Ave/Orange St F(F) 5. Waterman Ave/Olive St A(B) r 6. Waterman Ave/5th Stb C(F) 0.04(0.01 o.RS RPIS 000 1.16 1.09 a - - - -- ---- -- -- U 7. Crestview Ave/Baseline St A(A) .........---:_..__ ............ ........ m 8. La Junita St/Baseline St D(F) y v 9. La Junita St/Orange St A(A) `CU C7 10.Del Rosa Dr/Baseline St D(C) 0.02(0.04) 0.84 0.85 0.01 0.73 0.74 0.01 :V/C=Volume to Capacity ratio. Calculated using the Synchro 6 software package. E b CMP intersection. L- Shaded cells indicate where intersections operate at LOS A or B. Bold-Italicized type indicates project impact. CU Source:Fehr&Peers,2012. Zt O M O As shown in Table 21,the traffic impact analysis also found that full buildout of the project would impact the = following two intersections: ° L Impact TRAF-1:Waterman Avenue/Baseline Street-AM and PM Peak Hour:The intersection would operate at LOS E during the AM and PM peak hour with the addition of project-generated traffic. The V/C p ratio would increase by 0.05 in the AM peak hour and 0.03 in the PM peak hour. This would be a significant impact. rn CD Proposed bicycle routes in the study area are planned on Waterman Avenue. Fifty-foot pedestrian-only Z greenways with natural bioswales and walking paths are planned throughout the project. The proposed pro- ject has a very high level of pedestrian connectivity within the site with an extensive network of pedestrian- only trails and sidewalks connecting all areas of the project. This internal pedestrian network is complement- ed through additional pedestrian facilities on the boundary of the project including sidewalks on Olive Street, Waterman Avenue, and Baseline Street. It is therefore concluded that the project would have a positive im- pact on pedestrian connectivity. The proposed project would not impact the existing transit operations in the U.1 study area. d The intersection impacts identified above would be reduced to a less-than-significant level by the following = mitigation measures, shown in Figure 25. Therefore,impacts on the existing circulation system would be less than significant with mitigation. (Lear than.significant with mitigation) Q Impact TRAF-2: Waterman Avenue/Orange Street-AM and PM Peak Hour: Deficient condition for 44i this intersection occur because of delays occurring on the side streets (Orange Street) connecting to Water- man Avenue, in that vehicles turning onto Waterman Avenue may have to wait for gaps in incoming traffic. 2 w This would be a significant impact. Q 110 Packet Pg.521 CITY O F SAN BERN A 6.B.g W A T E R M A N GAR D E N S MASTER PLAN I S/M N D OPENING YEAR(2013)PLUS PROJECT FUTURE BUILDOUT YEAR(2030) EXISTING CONDITIONS WITH PROJECT CONDITIONS MITIGATION MEASURES MITIGATION MEASURES Same As Existing N ill► N � i Q Same As Existing Signal timing optima& 00 �.g _4 �tt� M 1 d Right-turn-in/Right-turn-out Right-turn-in/Right-turn $ Left-tum-in only Left-turn-in only L f Y Same As Existing C7 sno __4 �tt� 0 r (a U 4- ` Same As Existing 0 f�17 a � ] z Same As Existing I y � ��•y Same As Existing I,jJ E e m s Same As Existing .. U Source:Fehr&Peers,2012. 0 w Q FIGURE 25 TRAFFIC MITIGATIO Packet Pg. 522 i Mitigation Measure TRAF-1:For the intersection to operate at an acceptable level,signal modification and optimization would be needed. The measure would help alleviate congestion at this movement. With the improvement, the intersection would operate at LOS D with a V/C ratio increase of 0.02 in the AM peak hour and at LOS D with a V/C ratio increase of 0.00 in the PM peak hour from "without project" condi- dons. �+ The project is responsible for a fair share contribution of each mitigation measure. Project fair share contri- butions are calculated by comparing the project's peak hour traffic generated against future growth. It is rec- C14 omended that the intersection implement signal optimization to bring LOS delay to within allowable limits. °r° m Mitigation Measure TRAF-2: It is recommended that the project implement a right-turn-in/right-turn-out, F € co k left-turn-in rule at this intersection. This measure will substantially alleviate delay experienced by drivers wanting to turn left out of the Orange Street driveway. Although this intersection is warranted for a signal,it r is not recommended given the intersection's close proximity (-350 feet) to the Waterman Avenue and Base- line Street intersection. U N C f b) Would the project conflict with an applicable congestion management program, including, but not limited to a level of service a standards and travel demand measures, or other standards established by the county congestion management agency for designated i roads or highways? U r j The significance criteria used in the traffic impact analysis are based on the City of San Bernardino's General E L Plan, the City's Traffic Impact Analysis Guidelines, and the County's Congestion Management Program s cc (CMP). Since the analysis of the project is consistent with the standards found in the County's CMP,the pro- ? ject would not conflict with an applicable CMP. Therefore,no impacts are anticipated. (No impact) 0 M c) Would the project result in a change in air trafc patterns,including either an increase in traffic levels or a change in location CD that results in substantial safety risks? c 0 The proposed project would not impact air traffic patterns through an increase in traffic levels or a change in location that results in substantial safety risks. Therefore,no impacts are anticipated. (No impact) cts U CD d Would the project substantial) increase ha ards due to a design feature e. . sharp curves or dangerous intersections or � p > y z gf (g� � g ) incompatible uses(eg.,farm equipment)? As described in response a) above, there are on-site and off-site roadways proposed for the project. The on- m site roadways are proposed to be private streets and therefore City of San Bernardino Street Design Standards Z do not apply. In the absence of City Standards, generalized standards related to lane width, curb radii, and a; other related items,were considered. These proposed internal roadways are consistent with general standards ate•, for roadways and are sufficient for internal circulation. Therefore, the proposed project would not substan- tially increase hazards due to design features or incompatible uses and no impacts are anticipated. (No impact) e7 e) Would the project result in inadequate emergency access? W This analysis considers whether emergency vehicles can access the site from a regional perspective and whether emergency vehicles can travel into the site. A review of the project location indicates that it is locat- E ed at the corner of two major roadways and is several miles from several regional freeways (1-10,I-215). The regional access is therefore considered to be more than adequate. As noted above,the project has a high level Q of internal accessibility; therefore, it is considered that emergency vehicles can easily travel while inside the project boundary using the internal ring road previously discussed. Therefore, the proposed project would CD not result in inadequate emergency access and there would be no impact. (No impact) E .c U w rt+ Q { 112 Packet Pg. 523 Would the project conflict with adopted policies,plans, or programs supporting altenrative transportation (eg., bus turnouts, bicycle racks)? The City of San Bernardino General Plan contains several policies supporting alternative transportation. N These include the following: 9 Policy 6.6.1:Support the efforts of regional, state, and federal agencies to provide additional local and express bus service in the 0 Ctty. N Cn 00 00 Policy 6.6.2:In cooperation with Omnitrans, require new development to provide transit facilities, such as bus shelters and turn- outs,as necessary and warranted by the scale of the development. �~ M r Policy 6.6.3:Encourage measures that will reduce the number of vehicle-miles traveled during peak periods, including the-follow- ing examples of these types of measures: ♦ Incentives for car-pooling and vanpools U ♦ Preferential parking for car-pools and vanpools cn ♦ An adequate,safe,and interconnected system of pedestrian and bicycle paths L Policy 8.3:Develop a well-designed system of interconnected multi purpose trails, bikeways, and pedestrian paths. C9 Policy 8.3.8:Install sidewalks and wheelchair ramps in existing neighborhoods The project is consistent with these policies through existing bus stops located along Waterman Avenue and Baseline Street, and through planned sidewalks and crosswalks throughout and around the project. The pro- o ject also proposes to increase sidewalk widths and raise curb bulb-outs and crosswalks,promoting pedestrian safety and the accessibility of pedestrian routes. Narrow travel lanes throughout the site will also decrease travel speeds to provide pedestrian and bicycle safety. o 0 ro For the reasons described above, the proposed project is consistent with the adopted policies supporting al- M ternative transportation. Therefore,no impacts are anticipated. (No impact) o CU Transportation and Traffic Mitigation Measures: > TRAF-1: For the intersection to operate at an acceptable level, signal modification and optimization would be needed. The measure would help alleviate congestion at this movement. With the improvement, the in- z tersection would operate at LOS D with a V/C ratio increase of 0.02 in the AM peak hour and at LOS D with a V/C ratio increase of 0.00 in the PM peak hour from"without project"conditions. C The project is responsible for a fair share contribution of each mitigation measure. Project fair share contri- butions are calculated by comparing the project's peak hour traffic generated against future growth. It is rec- ommended that the intersection implement signal optimization to bring LOS delay to within allowable limits. w TRAF-2: It is recommended that the project implement a right-turn-in/right-turn-out,left-turn-in rule at this C intersection. This measure will substantially alleviate delay experienced by drivers wanting to turn left out of E the Orange Street driveway. Although this intersection is warranted for a signal,it is not recommended given the intersection's close proximity(-350 feet) to the Waterman Avenue and Baseline Street intersection. Q w c E U w Q 113 Packet Pg. 524 6.B.g Less Than 0 Significant XVL UTILITIES AND SERVICE SYSTEMS Potentially With Significant Mitigation Less Than No Would the project: Impact Incorporated Significant Impact C a) Exceed wastewater treatment requirements of the Santa Ana ❑ ❑ ® ❑ Regional Water Quality Control Board? 0 b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facili- tv M El cs des, the construction of which would cause significant envi- E] El r ronmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the con- ❑ ❑ ® ❑ struction of which could cause significant environmental ef- fects? 0- d) Have sufficient water supplies available to serve the project U from existing entitlements and resources, or are new or ex- ❑ ❑ ® ❑ panded entitlements needed? c e) Result in determination by the wastewater treatment provider which serves or may serve the project that it has inadequate El ❑ �� ❑ capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to El ® E] E accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations r-i related to solid waste? ❑ LI ❑ CD h) Other: ❑ ❑ ❑ ❑ Existing Conditions o The City of San Bernardino provides wastewater,water, stormwater, and solid waste services throughout the city. The existing services and facilities serving the project site are described below. The discussion of wastewater,water,and stormwater is based on the Wastewater and Flow Analysis Report prepared by Hyphae a) j Design Laboratory (Appendix I) and the Water Quality Management Plan prepared by Dan Guerra&Asso- ciates (Appendix J). a� j The project site is served by the City of San Bernardino sewer system,the San Bernardino Water Reclamation z 3 Plant SBWRP and the Rapid Infiltration Extraction Tertiary Treatment Facility SBWRP is a regional( ) p� rY tY ��• � 0 plant serving the City of San Bernardino and outlying cities within the San Bernardino Valley Municipal Wa- ter District boundaries. RIX is under contract with City of San Bernardino for tertiary wastewater treatment. Reclaimed water from RIX is discharged to the Santa Ana River after treatment. The City has a permit from the Santa Ana Regional Water Quality Control Board (RWQCB) for all wastewater generated within its boundaries.67 w The existing project site is serviced by 10"and 12" diameter public sewer facilities located in Waterman Ave- nue. The City of San Bernardino Wastewater Collection System Master Plan Report,prepared in 2002, does not indicate any sewer deficiencies in the downstream systems. The existing onsite private sewer facilities are anticipated to be removed with redevelopment of the project site. Q w As described in the General Plan EIR,the existing flow to the SBWRP of 28 MGD could be expected to in- E crease cumulatively by 20.2 MGD for a total General Plan buildout flow of 48.2 MGD. This amount would exceed the existing design capacity of 33 MGD by 15.2 MGD. Additional facilities would need to be built or @ w Q 0 G7 City of San Bernardino Website, San Bernardino Water Reclamation Facility, http://www.ci.san-bemardino.ca.us/ water/divisions/water_reclamation/default.asp,accessed on May 3,2011. 114 a Packet Pg.525 6.B.g expansion of existing facilities would need to be completed to accommodate the proposed buildout in the service area of the SBWRP. Mitigation presented in the City's General Plan EIR requires the City to update the Wastewater Collection System Master Plan to reflect General Plan Update buildout statistics, review treatment facility capacity periodically and adjust Sewer Capacity Fees when appropriate in consultation with o participating communities to accommodate construction of new or expanded wastewater treatment and col- co lection facilities.GB Q Storm drains and flood control facilities within the City include natural and man-made channels,storm drains, p street waterways, natural drainage courses, dams, basins, and levees. Storm drain and flood control facilities are administered by the City of San Bernardino,San Bernardino County Flood Control District. The existing project site is currently serviced by minimal public storm drain facilities. An existing 18' diameter under- M ground drainage system crossing Olive Street west of La Junita Street intercepts and conveys the southeast portion of the site, along with flows from an existing system crossing Baseline Street at La Junita Street. The r- remaining majority of the site drains via surface flow to Waterman Avenue. Major surface flows also are cur- D rently contained in Waterman Avenue from areas north of Baseline Street adjacent to the project site. U c The San Bernardino Municipal Water Department (SBMWD) provides domestic water service in the City. SBMWD produces water from the Bunker Hill Groundwater Basin and delivers more than 47,676 acre-feet eU per year (15.5 billion gallons) of water to its service area for both commercial and residential use. SBMWD operates production and distribution facilities that include 60 wells located throughout 45 square miles of E water service area,more than 100 million gallons of water storage in 31 covered storage reservoirs, and more than 560 miles of water mains.69 o z The existing project site is serviced by public water facilities including 16"diameter in Baseline Street and 12" M diameter in Waterman Avenue, and 8" diameter in a portion of Olive Street. Existing onsite private water N facilities are advanced in age and are anticipated to be removed with redevelopment of the project site. c a SBMWD prepares an Urban Water Management Plan every five years to document existing water demand c and supplies, to plan for future needs, and to identify new sources of water. The 2005 Urban Water Man- agement Plan (UWMP) is used to develop long-range Capital Improvement Plans for the City's Municipal water delivery system.70 The UWMP utilizes the City's General Plan as the basis for projecting future need based on build-out of the land uses in the adopted General Plan. rn The San Bernardino Valley Municipal Water District(SBVMWD)was formed in 1954 to plan long-range wa- z ter supply for the San Bernardino Valley. It imports water into its service area through participation in the California State Water Project and manages groundwater storage within its boundaries. SBVMWD covers M about 325 square miles and includes the cities and communities of San Bernardino,and other cities within the region.7i The project site is served by the City of San Bernardino Refuse and Recycling Division,which provides solid waste collection services to residential and commercial customers for refuse, recyclables, and greenwaste. w Materials that are not recycled in compliance with the Integrated Waste Management Act (AB 939) are taken a� to one of two regional landfills in the valley(San Timoteo:permitted until 2026 or Mid-Valley:permitted until E cu Q c m E G8 City of San Bernardino,2005,General Plan and Associated Specific Plans EIR,pages 5.12-12 and 13. L) 69 City of San Bernardino Website, Vater Utility, http://www.d.san-bemardino.ca.us/water/divisions/ w,.. water utility/default.asp,access on May 3,2011. Q 70 City of San Bernardino Municipal Water Department,2005,Urban WlaterManagement Plan,page 1-1. 71 San Bernardino Valley Municipal Water District Website,http://www.sbvmwd.com/about/,accessed on May 3,2011. 115 Packet Pg.526 2033).72 The San Timoteo and Mid-Valley sanitary landfills are permitted to receive 365,000 tons per year and 2.7 million tons per year,respectively.73 Discussion N 0 a) Would the project exceed wastewater treatment requirements of the Santa Ana Regional WaterQuality Control Board? ?� The proposed project is consistent with the City's General Plan and would be required to meet the requisites o of the City of San Bernardino and the Santa Ana RWQCB regarding wastewater quality. Further,in accord- N ance with the City of San Bernardino Municipal Code Sections 13.08 and 13.32 regulating Connections with co Public Sewer and Wastewater facilities respectively,the proposed project will pay the associated development impact fee prior to issuance of final occupancy permits. Therefore, impacts are anticipated to be less than i- 0 significant. (Less than significant r b) Would the project require or result in the construction of new water or wastewater treatment facilities or expansion of existing CL facilities,the construction of which would cause significant environmental effects? U Water service to the project vicinity is provided by SBMWD and will be provided to the project site from c lateral connections to existing water lines in the adjacent streets. Since the project is consistent with the City's $ adopted General Plan, the project-related water demand has been accounted for in the 2005 UWMP and has (M been planned for in the City's current Capital Improvement Plan. Additionally, as described in the Wastewater and Flow Analysis Report(Appendix K),the implementation of water-saving strategies,including highly-efficient fixtures and a graywater system for irrigation and flushing toilets, will reduce overall water L usage. The project would not require or result in the construction of new water facilities or the expansion of M existing facilities other than lateral connections and would not cause a significant environmental impact.74 0 M As described in existing conditions,the City's wastewater treatment system is projected to exceed the existing N capacity by buildout of the General Plan. Although the proposed project would increase wastewater generat- ed on the site, the project is designed to include strategies to minimize wastewater discharge,including water o j efficiency, water conservation, and water reuse. As described above, highly efficient water fixtures will be 4 used to reduce overall water use on-site and a graywater system will allow for water reuse on-site. Implemen- tation of these approaches would reduce the amount of wastewater entering the City sewer system by millions CD 0 of gallons per year,and therefore the proposed project would not require the construction of new facilities. For the reasons stated above,impacts associated with water and wastewater facilities are anticipated to be less than significant. (Less than significant) z a� s c) Would the project require or result in the construction of new storm water drainage facilities or eAapansion of existing facili- des,the construction of which could cause significant environmental effects? r The project involves the construction of new on-site storm water drainage facilities,including bioswales,per- t� vious concrete areas,perforated storm drains,green roofs and four detention basins, as described in the Wa- ter Quality Management Plan (WQMP),provided in Appendix J). These Treatment Control BMPs would be w designed to fully accommodate surface flows from the project. The rate of discharge of surface flows from _ the project would not exceed the existing rate of discharge from the project site. For the reasons stated E above,impacts are anticipated to be less than significant. (Less than significant) M w Q c 72 City of San Bernardino Website, Integrated Waste Management Division, http://www.cisan-bernardino. tv ca.us/cityhall/publicworks/integrated waste_management_division/default.asp,accessed on May 3,2011. 73 CalRecycle, Active Landfill Profiles for San Timoteo and Mid Valley Landfills, http://www.calrecycle. U `< ca.gov/profiles/Facility/Landfill/LFProfilel.asp?COID=36&FACID=36-AA-0087,accessed on May 3,2011. Q 74 Mike Nevarez, Engineer, City of San Bernardino Water Department, Personal communication with Heather Martinelli, April 26,2011. 116 Packet Pg. 527 6.B.g d) Would the project have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? Refer to Responses XVI a. and b. The proposed project is consistent with the City's General Plan Land Use N Map and has been accounted for in the projections of the 2005 UWMP. Therefore,the proposed project will have sufficient water supplies available from existing entitlements and resources and impacts are anticipated to be less than significant. (Less than significant) o e) Would the project result in determination by the wastewater treatment provider which serves or may serve the project that it 00 has inadequate capacity to serve the project's projected demand in addition to the provider's existing commitments? The proposed project will be served by the City of San Bernardino sewer system and the San Bernardino Wa- ter Reclamation Plant (SBWRP). As described in existing conditions, additional facilities would need to be built or expansion of existing facilities would need to be completed to accommodate the proposed buildout in the service area of the SBWRP. Mitigation presented in the City's General Plan EIR requires the City to up- date the Wastewater Collection System Master Plan to reflect General Plan Update buildout statistics,review U treatment facility capacity periodically and adjust Sewer Capacity Fees when appropriate in consultation with c participating communities to accommodate construction of new or expanded wastewater treatment and col- lection facilities. t5 As described in Appendix K,the proposed project will use highly-efficient water fixtures and a graywater sys- tem for irrigation and flushing toilets,which will save potable water and decrease sewer outflow to a level that E will not affect downstream flows in the City's sanitary sewer network. The proposed project is not projected to increase off-site wastewater flows from the existing volumes estimated on the site. In addition, the gray- water system would decrease overall volume discharged to the City's sewer system by millions of gallons per Co year. Therefore,impacts are anticipated to be less than significant. (Less than significant) Na) J) Would the project be served by a landfill with sufident permitted capacity to accommodate the project's solid waste disposal o needs? is L Solid waste collection services for the proposed project will be provided by the City of San Bernardino Re- U fuse and Recycling Division. According to the California Integrated Waste Management Board's estimated o solid waste disposal rate,the proposed residential units are expected to dispose of approximately 189 tons per year(411 units times 0.46 tons per unit per year)75. The other structures on the site would produce additional solid waste;however the overall project is not anticipated to generate a significant amount of additional solid a(i waste into the City's waste stream.76 Refuse would be disposed of at the San Timoteo and Mid-Valley sani- v tary landfills,which are permitted to receive 365,000 tons per year and 2.7 million tons per year, respective- (; 1y.77 The estimated project-generated waste represents approximately 0.06 percent and 0.0085 percent of the a� total permitted waste received at the landfill facilities, respectively and the landfills have sufficient permitted capacity to handle the proposed project's needs. Therefore,the impacts are anticipated to be less than signifi- cant. (Less than sign#icant) w g) Would the project comply with federal,state,and local statutes and regulations related to solid waste? _ m The City of San Bernardino's Municipal Code requires an application for service and maximum diversion (50 E percent of waste volumes) within 30 days of commencement of operations. The proposed project would comply with all applicable standards related to solid waste. Therefore,no impacts are anticipated. (No impact) Q w c a� 75 California Integrated Waste Management, Solid Waste CbaraaenZation Database, http://www.calrecycle.ca.gov/ E wastechar/ResDisp.htm,accessed on April 20,2011. L) 76 Gracie Washington,Integrated Waste Field Inspector,City of San Bernardino Public Works,Personal communication with Q Heather Martinelli on April 26,2011. 77 CalRecycle Website,Active Landfill Profiles for San Timoteo and Mid Valley Landfills, http://www.calrecycle.ca.gov/profiles/ Facility/Landfill/LFProfilel.asp?COID=36&FACID=36-AA-0087,accessed on May 3,2011. 117 Packet Pg.528 i 1 Utilities and Services Systems Mitigation Measures: None required. N O N_ d 07 N CO 00 T H f- M T T T E a U N C m t9 C co E L Y 0 M CD N Y C Ca L V 0 d Z ,G V W Y d t V cc Y Y Q Y C d E V Y Y Q 118 Packet P'g 5 29'. 6.B.g Less Than Significant Potentially With XVII. GREENHOUSE GAS EMISSIONS Significant Mitigation Less Than No Would the project: Impact Incorporated Significant Impact o a) Generate GHG emissions, either directly or indirectly, that N may have a significant impact on the environment? Thresh- ❑ ® ❑ ❑ Q old:0 percent net increase in amount of GHG emissions. b) Conflict with an applicable plan,polity,or regulation adopted El El ® ❑ co for the purpose of reducing the emissions of GHGs? `Y' H Existing Conditions M The following discussion is based on the Waterman Gardens Master Plan Project Greenhouse Gas Assess- ment prepared by Impact Sciences,Inc.in July 2011 (Appendix H). o. Gases that trap heat in the atmosphere are referred to as greenhouse gases (GHGs) because they capture so- U lar heat as it is radiated from the surface of the earth back into the atmosphere,creating a warming effect like t^ c that of a greenhouse. The accumulation of GHGs in the earth's atmosphere has been linked to global climate change, often described as changes in the climate of the earth caused by natural fluctuations and anthropo- c`a genic activities which alter the composition of the global atmosphere. California State law recognizes the fol- lowing gases as GHGs: carbon dioxide (CO2), methane (CH4), nitrous oxide (N20), hydrofluorocarbons, perfluorocarbons,and sulfur hexafluoride. The California Air Resources Board (CARB) compiles GHG inventories for the State of California. Based on the 2008 GHG inventory data, California emitted 4831 MMTCO2e including emissions resulting from im to ported electrical power in 2008.78 The primary contributors to GHG emissions in California are transporta- N lion,electric power production from both in-state and out-of-state sources,industry, agriculture and forestry, and other sources, which include commercial and residential activities. Table 22 provides a summary of Q GHG emissions reported in California in 1990 and 2008 separated by categories defined by the United Na- a Lions Intergovernmental Panel on Climate Change (IPCC). m Between 1990 and 2008, the population of California grew by approximately 8.1 million (from 29.8 to 37.9 milhon).79 This represents an increase of approximately 27.2 percent from 1990 population levels. In > r addition, the California economy, measured as gross State product, grew from $788 billion in 1990 to CD $1.8 trillion in 2008 representing an increase of approximately 128 percent (over twice the 1990 gross State z product).B0 Despite the population and economic growth, California's net GHG emissions only grew by ap- proximately 11 percent. The CEC attributes the slow rate of growth to the success of California's renewable a1 energy programs and its commitment to clean air and clean energy." In 2005,in recognition of California's vulnerability to the effects of climate change, Governor Schwarzeneg- ger established Executive Order S-3-05,which sets forth a series of target dates by which Statewide emission of GHGs would be progressively reduced, as follows: by 2010, reduce GHG emissions to 2000 levels; by w 2020,reduce GHG emissions to 1990 levels;and by 2050,reduce GHG emissions to 80 percent below 1990 levels. E v m 78 California Air Resources Board,"California Greenhouse Gas 2000-2008 Inventory by Scoping Plan Category-Summary," Q http://www.arb.ca.gov/cc/inventory/data/data.htm. 2011. 79 US Census Bureau,"Data Finders,"http://www.census.gov/. 2009;California Department of Finance,"B-5 Population CD and Housing Estimates for Cities, Counties and the State, 2001-1008, with 2000 Benchmark," http://www.dofca.gov/research/demographic/reports/estimates/e-5/2009/. 2010. 80 California Department of Finance, "Financial & Economic Data: Gross Domestic Product, California," Q http://www.dofca.gov/HTML/FS_DATA/LatestEconData/FS_Misc.htm. 2010.Amounts are based on current dollars as of the data of the report Qune 2,2009). 81 California Energy Commission,Inventory of California Greenhouse Gas Emissions and Sinks 1990 to 2004,(2006). 119 Packet Pg. 530 6.B.g TABLE 22 GREENHOUSE GAS EMISSIONS IN CALIFORNIA 1990 Percent 2008 Percent Source Category (MMTCO2e) of Total (MMTCO2e) of Total o Energy 386.41 89.2% 413.80 86.6% N Energy Industries 157.33 36.3% 171.23 35.8% 0 Manufacturing Industries&Construction 24.24 5.6% 16.67 3.5% 00 Transport 150.02 34.6% 173.94 36.4% 2 H Other(Residential/Commerdal/Institutional) 48.19 11.1% 46.59 9.8% M r� Non-Specified 1.38 0.3% 0.00 0.0% T Fugitive Emissions from Oil&Natural Gas 2.94 0.7% 3.28 0.7% d U Fugitive Emissions from Other Energy Production 2.31 0.5% 2.09 0.4% fA Industrial Processes&Product Use 18.34 4.2% 30.11 6.3% d Mineral Industry 4.85 1.1% 5.35 1.1% Chemical Industry 2.34 0.5% 0.06 0.0% E Non-Energy Products from Fuels&Solvent Use 2.29 0.5% 1.97 0.4% y Electronics Industry 0.59 0.1% 0.80 0.2% Substitutes for Ozone Depleting Substances 0.04 0.0% 13.89 2.9% M rn Other Product Manufacture and Use 3.18 0.7% 1.66 0.3% N ELI✓ e Other 5.05 1.2% 6.39 1.3% 4 Agriculture,Forestry,&Other Land Use 19.11 4.4% 24.42 5.1% 1 V Livestock 11.67 2.7% 16.28 3.4% 9 Land 0.19 0.0% 0.19 0.0% r \V Aggregate Sources&Non-0O2 Sources on Land 7.26 1.7% 7.95 1.7% Z Waste 9.42 2.2% 9.41 2.0% -0 Solid Waste Disposal 6.26 1.4% 6.71 1.4% Wastewater Treatment&Discharge 3.17 0.7% 2.70 0.6% Emissions Summary Gross California Emissions 433.29 477.74 W Sinks from Forests and Rangelands -6.69 -3.98 C E Net California Emissions 426.60 473.76 t L) Sources: r 1. California Air Resources Board,"California Greenhouse Gas 1990-2004 Inventory by IPCC Category-Summary,"http://www.arb.ca. QY gov/cc/inventory/archive/archive.htin. 2011. 2. California Au Resources Board,"California Greenhouse Gas 2000-2008 Inventory by IPCC Category-Surnmary,"http://www.arb.ca. gov/cc/inventory/data/data.htm. 2011. U E s U Q 120 Packet Pg. 531 6.B.g In 2006, Governor Schwarzenegger signed AB 32, the Global Warming Solutions Act, into law. AB 32 re- quires that California reduce its GHG emissions to 1990 levels by 2020. AB 32 also requires that CARB identify discrete early actions to reduce emissions that could be implemented immediately, and develop a statewide scoping plan to identify how to meet the emissions reduction targets. N cv CARB identified a list of nine early actions, including landfill CHa capture, the Low Carbon Fuel Standard, Q and a tire pressure program. CARB's Climate Change Scoping Plan, adopted in December 2008, outlines regulations,market mechanisms,and other actions to achieve the maximum technologically feasible and cost- � effective reductions in GHG emissions by 2020.62 The Scoping Plan recommends achieving a statewide en- r ergy mix with 33 percent from renewable energy sources,developing a California cap-and-trade program that will be part of a regional carbon market through the Western Climate Initiative,and expanding and strength- ening existing energy efficiency programs and building and appliance standards. T On September 30,2008, Governor Schwarzenegger signed into law SB 375. SB 375 focuses on housing and transportation planning decisions to reduce fossil fuel consumption and conserve farmlands and habitat. SB v_ 375 provides a path for improved planning by providing incentives to locate housing developments closer to -^ c where people work and go to school, allowing them to reduce vehicle miles traveled every year. Finally, SB 375 provides certain exemptions under CEQA law for projects that are proposed consistent with local plans developed under SB 375. SANBAG will prepare a Sustainable Communities Strategy for San Bernardino County to implement this bill. C" L Q� The City of San Bernardino is in the process of creating a Sustainability Master Plan (SMP). The SMP is comprised of policies and measures that,when implemented,will enable the City to reduce GHG emissions from City operations and within the community at-large. The strategies within the SMP will cover a variety io of sectors,including land use,transportation,waste,water,and green infrastructure. N Discussion Q The proposed project is evaluated in this IS/MND for potential impacts related to GHG emissions and cli- mate change and utilized approved emissions models and guidelines as tools to create the analytical basis for the assessment. The data sources and tools used to evaluate the GHG impacts associated with construction rl and operation of the proposed project include the California Emissions Estimator Model (CalEEMod)63, which was used to analyze the proposed project emissions during construction and operation. CalEEMod is r \Y a program that calculates air emissions from land use sources and incorporates CARB's EMFAC2007 model aa) for on-road vehicle emissions and the OFFROAD2007 model for off-road vehicle emissions. CalEEMod Z also utilizes data from the CEC, IPCC, CARB, U.S. EPA and CAPCOA. During project construction, the v model can analyze emissions that occur during different phases, such as building construction and architec- tural coating,concurrently or separately. `= a) Would the projectgenerate GHG emissions, either directly or indirectly, that may have a significant impact on the environ- ment? Threshold.•0 percent net increase in amount of GHG emissions. w Y The proposed project would result in short-term emissions of GHGs during construction. These emissions, primarily CO2, CHa, and N2O, are the result of fuel combustion by construction equipment and motor vehi- E cles. The other primary GHGs (hydrofluorocarbons,perfluorocarbons, and sulfur hexafluoride) are typically associated with specific industrial sources and are not expected to be emitted by the project. The emissions Q of CO2,CHa,and N2O were estimated using CalEEMod. c CD Site-specific or project-specific data were used in the CalEEMod model where available. Construction would EE take place during four main phases. Based on available funding, Phase 1 would begin in 2013 and last ap- Y Q 62 California Air Resources Board website,www.arb.ca.gov,accessed on March 17,2010. 83 South Coast Air Quality Management District,"CalEEMod,Version 2011.1.1,"http://www.caleemod.com/. 121 Packet Pg. 532 6.B.g A proximately two years. Phase 2 would begin in 2015 and last approximately three to four years. Phase 3 would begin in 2018 and last approximately two to three years. Phase 4 would begin in 2020 and last just over two years. The existing project site is currently developed; therefore, demolition activity would occur during the start of each construction phase. The phases would overlap to some extent such that demolition o for the upcoming phase would occur during the final months of construction from the preceding phase. Ta- c:' ble 23 lists the estimated GHG emissions associated with construction of the proposed project. w TABLE 23 ESTIMATED CONSTRUCTION GREENHOUSE GAS EMISSIONS cao o m_ T Emissions GHG Emissions Source (Metric Tons CO2e/year) M 2013 Construction Emissions 716.17 ' r 2014 Construction Emissions 591.79 n' U 2015 Construction Emissions 919.16 to C 2016 Construction Emissions 855.44 �N 2017 Construction Emissions 669.90 C7 2018 Construction Emissions 888.80 ca E 2019 Construction Emissions 896.97 r co 2020 Construction Emissions 787.10 Z 2021 Construction Emissions 799.24 c M a) I2022 Construction Emissions 504.56 1 Total Construction Emissions 7,629.13 0 r R Annualized over Project Lifetime 254.30 U Source:Impact Sciences,Inc.Totals in table may not appear to add exactly due to rounding. Q m V Current CEQA practice is to annualize construction-related GHG emissions over a project's lifetime in order to include these emissions as part of a project's annualized lifetime total emissions, so that GHG reduction z measures will address construction GHG emissions as part of the operational GHG reduction strategies. In accordance with this methodology, the estimated project's construction GHG emissions have been annual- cc ized over a 30-year period and are included in the annualized operational GHG emissions discussed below. Cn Operational GHG Emissions The proposed project would become operational in phases as each construction phase is completed, but ' LU would commence full operation in late 2022. At full buildout,the project would result in direct annual emis- sions of GHGs during operation. These emissions,primarily CO2,CH4,and N20,are the result of fuel com- E bustion from building heating systems and motor vehicles. Building and motor vehicle air conditioning sys- tems may use HFCs (and HCFCs and CFCs to the extent that they have not been completely phased out at later dates);however,these emissions are not quantified since they would only occur through accidental leaks. Q It is not possible to estimate the frequency of accidental leaks without some level of speculation. It should be noted that CARB is in the process of adopting regulations that would reduce emissions of these refrigerants E from stationary refrigeration and air-conditioning systems by requiring persons subject to the rule to reclaim, w Q I 122 Packet Pg. 533 6.B.g recover, or recycle refrigerant and to properly repair or replace faulty refrigeration and air conditioning equipment.84 Operational emissions would be generated by both area and mobile sources as a result of normal day-to-day c activities on the project site after occupation. Area source emissions would be generated by the consumption cis of natural gas for space and water heating devices (including residential use water heater and boilers), and the o operation of landscape maintenance equipment. Mobile emissions would be generated by the motor vehicles traveling to and from the project site. ra T The project would demolish the existing 252 residential unit development and construct approximately 411 residential units, a 38,000-square-foot recreational center, a 44,000-square-foot community support center, a M 7,400-square-foot administration building, and a 13,400-square-foot maintenance building and youth/jobs training facility. The operational emissions associated with the proposed project were estimated using the r CalEEMod model. The proposed project would be fully operational in 2022; therefore, the year 2022 was used to estimate the operational emissions. Area source emissions are based on emission factors for natural c3 gas and gasoline (for landscaping equipment) contained in the CalEEMod model. Trip generation rates pro- vided in the traffic report for the project were used to estimate the mobile source emissions.85 The proposed project would also result in indirect GHG emissions due to the electricity demand. The emission factor for CO2 due to electrical demand from Southern California Edison,the electrical utility serving the proposed pro- ject,was selected in the CalEEMod model. Emission factors for CO2 are based on CARB's Local Govern- ment Operations Protocol.81 Emission factors for CH4 and N20 are based on U.S. EPA values.B7 The cited factors in the CARB report are based on data collected by the California Climate Action Registry. The emis- sion factors take into account the current mix of energy sources used to generate electricity and the relative zz carbon intensities of these sources, and includes natural gas, coal, nuclear, large hydroelectric, and other re- co newable sources of energy. Electricity consumption was based on default data found in CalEEMod for the respective land use types. In o addition to electrical demand, the project would also result in indirect GHG emissions due to water con- _ca sumption, wastewater treatment, and solid waste generation. CalEEMod default values were used for con- 1° sumption of water and the generation of waste as well as the emissions resulting from these activities. GHG a) emissions from water consumption are due to the electricity needed to convey, treat, and distribute water. N The annual electrical demand factors for potable water were obtained from the CEC.88 GHG emissions from wastewater are due to the electricity needed to treat wastewater and the treatment process itself, which pri- rn marily releases CH4 into the atmosphere. GHG emission factors for wastewater treatment were obtained z from the U.S. EPA.89 GHG emissions from solid waste generation are due to the decomposition of organic material,which releases CH4 into the atmosphere. The GHG emission factor for solid waste generation was c based on IPCC methods for quantifying GHG emissions from solid waste and waste disposal rates were based on Calrecycle data.90 w c d 84 California Air Resources Board, "Stationary Equipment Refrigerant Management Program," E http://www.arb.ca.gov/cc/reftrack/reftrack.htrn. 2011.This regulation is an early action measure under AB 32. 85 Fehr&Peers,Draft Waterman Gardens Master Plan Traffic Impact Analjsis,(2011). +� r 86 California Air Resources Board,Local Government Operations Protocol for the Quantification and Reporting of Greenhouse Gas Emis- sions Inventories,Version 1.1,(2010)208. 87 U.S.Environmental Protection Agency,"E-Grid,"http://www.epa.gov/cleanenergy/energy-resources/egrid/index.htnl. E nd. E 88 California Energy Commission,Refining Estimates of Water-Related Energy Use in California,PIER Final Project Report(CEC- 500-2006-118),(2006)22. Prepared by Navigant Consulting,Inc. Q 10 89 U.S.Environmental Protection Agency,Compilation of Air Pollutant Emission Factors,AP42,Fifth Edition,Volume I,Chap- ter 4.3.5,(1998). 90 IPCC,2006 IPCC Guidelines for National Greenhouse Gas Inventories. 2006. 123 Packet Pg. 534 6.B.g The annual GHG emissions associated with the operation of the proposed project are provided below in Ta- ble 24. Direct and indirect emissions operational associated with the proposed project were compared with the SCAQMD's threshold of significance for mixed-use and all land use projects,which is 3,000 MTCO2e per year. c Impact GHG-1: As shown in Table 24, the proposed project would result in net emissions over 3,000 0 MTCO2e per year,resulting in a significant impact with respect to GHG emissions. Implementation of Miti- gation Measure GHG-1 would reduce the impact to a less than significant level. Therefore, the proposed project would result in a less than significant impact with mitigation measures. (Less than significant with tion) h- M TABLE 24 ESTIMATED OPERATIONAL GREENHOUSE GAS EMISSIONS r r r Operational GHG Emissions from Area, GHG Emissions and Mobile and Indirect Sources (MTCO2e/Year) U Proposed Project Construction(Annualized)Emissions 254 Operational(Mobile)Sources 6,046 U R Area and Natural Gas Sources 13 E L d Electrical.Consumption 1,845 Solid Waste and Wastewater Generation 390 a Water Supply 876 Total Proposed 9,424 C Existing o co Operational(Mobile)Sources 4,402 v m Area and Natural Gas Sources 190 m Electrical Consumption 558 Solid Waste and Wastewater Generation 53 Z Water Supply 111 R Total Earisting 5,314 Total Net Emissions 4,110 5 t9 SCAQMD Threshold 3,000 Exceed Threshold? YES c Source:Impact Sciences,Inc. U R .r Mitigation Measure GHG-1:The project shall comply with and incorporate the following measures: Q ♦ Exceed the Title 24 energy use standards for green buildings by 15 percent; _ ♦ Use energy-efficient LED lights for outdoor lighting; E E ♦ Install low-flow faucets and toilets; ♦ Provide active stormwater management for reuse in landscape irrigation; Q ♦ Install water-efficient landscaping; r ♦ Include a recycling center on-site; 124 Packet Pg. 535 6.B.g ♦ Enhance street and walkway design for improved pedestrian use and connection to public transit; ♦ Install light-colored roofs and walkways as well as shade trees to reduce heat island effects. The annual GHG emissions associated with the operation of the proposed project after mitigation are pro- o vided below in Table 25, Mitigated Operational Greenhouse Gas Emissions. Direct and indirect mitigated ;� operational emissions associated with the proposed project are compared with the SCAQMD's threshold of significance for mixed-use and all land use projects,which is 3,000 MTCO2e per year. N as :y TABLE 25 MITIGATED OPERATIONAL GREENHOUSE GAS EMISSIONS f— Operational GHG Emissions from Area, GHG Emissions and Mobile and Indirect Sources (MTCO2e/Year) Proposed Project d Construction(Annualized)Emissions 254 U Operational(Mobile)Sources 5,358 a� Area and Natural Gas Sources 13 Electrical Consumption 1,723 L Solid Waste and Wastewater Generation 195 d Water Supply 717 Total Proposed 8,260 0 Cl) Total Existing 5,314 N ITotal Net Emissions 2,946 O SCAQMD Threshold 3,000 a m Exceed Threshold? NO v d Source:Impact Sciences,Inc. 9 _m r \V b) TrYould the pmject conflict with an applicable plan,policy, or regulation adopted for the purpose of reducing the emissions of z GHGss? -a e� AB 32 is the State of California's primary GHG emissions regulation, as previously discussed. The a, SCAQMD GHG significance threshold was designed to ensure compliance with AB 32 emissions reductions requirements in the South Coast. Therefore,if a proposed project emissions are below the draft significance threshold it can be assumed to comply with AB 32 within the SCAQMD jurisdiction. As the project would emit net emissions less than 3,000 MTCO2e of GHG per year, the proposed project would not conflict with ' the State's ability to achieve the reduction targets under AB 32. w c a� Further, through implementation of Mitigation Measure GHG-1, the proposed project would incorporate _ GHG control measures that would reduce the project's GHG emissions beyond regulatory requirements. The proposed project would incorporate required and feasible GHG control measures,and would not hinder, Q disrupt or delay the implementation of any such control measures. Therefore, the proposed project would a..: not conflict with the State's ability to achieve GHG reductions pursuant to AB 32 and result in a less than E significant impact on climate change. (Less than signican� s U R Greenhouse Gas Emissions Mitigation Measures: Q GHG-1:The project shall comply with and incorporate the following measures: ♦ Exceed the Title 24 energy use standards for green buildings by 15 percent; 125 Packet Pg. 536 ♦ Use energy-efficient LED lights for outdoor lighting; ♦ Install low-flow faucets and toilets; 0 Provide active stormwater management for reuse in landscape irrigation; N 0 Install water-efficient landscaping; N 6 Include a recycling center on-site; Q e Enhance street and walkway design for improved pedestrian use and connection to public transit; 0 ♦ Install light-colored roofs and walkways as well as shade trees to reduce heat island effects. N CO m r N t M r 0- U m c d L sa M E L d w to 0 M CD N C O M L V d w c'J d Z d Cw ♦C V W 0) E M ' V a E a 126 Packet Pg.07 low Less Than Significant Potentially With XVIII. MANDATORY FINDINGS OF Significant Mitigation Less Than No SIGNIFICANCE Impact Incorporated Significant Impact o a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species,cause a fish or wildlife population to drop be- N low self-sustaining levels,threaten to eliminate a plant or ani- ❑ ❑ ❑ El m mal community,reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important ex- amples of the major periods of California history or prehisto- ry? b) Does the project have impacts that are individually limited, T but cumulatively considerable? ("Cumulatively considerable" (L means that the incremental effects of a roject are considera- ble when viewed in connection with the effects of past pro- ❑ ❑ ® ❑ U jects, the effects of other current projects, and the effects of probable future projects)? Ls c) Does the project have environmental effects which will cause substantial adverse effects on human beings,either directly or ❑ ® ❑ ❑ indirectly? E L Q� Discussion a a) Does the project have the potential to degrade the quality of the environment, substandaly reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal CD community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of N the majorperiods of California history orprehistory? e As described above,the project site is in an urbanized,extensively developed area near the center of San Ber- nardino. There are no sensitive natural communities, no areas of sensitive habitat, and no areas of critical habitat occurring on the project site. Additionally, there are no buildings currently listed or deemed eligible for listing on the California Register of Historical Resources,no recorded archaeological sites,and no known paleontological resources located on the project site. A less-than-significant impact to the environment and wildlife of the project site is anticipated. (Less than significant) a> d b) Does the project have impacts that are inditidualy limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of fastprojects, the effects of other current projects, and the�ects of probable future projects)? Y_ While the proposed project has the potential to have significant impacts, as described in the previous sec- tions, these impacts would be reduced to less than significant levels through incorporation of mitigation measures. However, there are certain areas in which cumulative impacts could occur as a result of this pro- ject when combined with the effects of past, current and probable future projects. Specifically,impacts to air w quality,noise,transportation and traffic,and greenhouse gas emissions,although mitigated to less than signif- m icant levels for the proposed project, could result in cumulative impacts. However, the analysis of each of E these areas includes cumulative projects, and therefore, the potential cumulative impacts have been mitigated as well. As a result, the proposed project would not result in cumulatively considerable impacts. (Less than Q sign fcant) c m c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or E indirectly? Y w Substantial adverse direct or indirect effects on human beings would occur,with unmitigated potentially sig- nificant impacts from the project on a regional or local level. Since development of the project site has been 127 Packet Pg.538 6.B.g addressed in the certified General Plan EIR and considered with regional planning programs, the develop- ment would not have substantial adverse regional effects on human beings either directly or indirectly. The proposed development intensity is not beyond what was considered for the site in the City's General Plan. Mitigation measures and design features have been included in the proposed project to reduce substantial o adverse effects on human beings in the project vicinity both directly and indirectly and include measures to ens reduce project-related emissions,buffer project-generated light and noise,provide enhanced landscaping, and to control traffic and provide safe ingress/egress within the local vicinity. Therefore, the direct and indirect environmental effects of the project on human beings have been either previously assessed in the General CO Plan EIR and/or addressed with project design features and mitigation measures identified herein. There- T fore, direct and indirect adverse effects on human beings from the project,potentially significant short-term, long-term,and cumulative impacts,are less than significant with mitigation. (Less than significant with mitigation) M r D U Im C d 'Lf L i E L .r+ CO C> M 0 C O R L U A_1 Z Q� a1 c.+ G W E M U R w w Q C U E U w Q 1 128 Packet Pg.539 6.B.g N O N N Co r H M r r 0. U c m a L rcc V L Q� M N r O L (6 N O m CD Z a O ca a7 /G^ W Q� U t4 Q C Q U r Q Packet Pg. 540 N O N r Q N O O r H I- M r (L D U N C O L V L d d-+ 2� 3 O M 07 N C O j± (4 L V 0 .F+ Z Y T i+ PLANNING U CryCENTER DC&E W c 1917 INDIA STREET, SUITE D SAN DIEGO, CA 92101 TEL: 619 295 6203 FAX: 619 297 2354 V co Q C O E L V 14 a.. w Q Packet Pg.541 Agenda Item No. 3 pT -ANNING COMMISSION STAFF REPORT CITY OF SAN BERNARDINO PLANNING DIVISION _ N CASE: Tentative Tract Map 18829 (Subdivision 11-03), Conditional Use Permit Q 11-13 and Development Agreement 12-02 AGENDA ITEM: 1 N co HEARING DATE: December 11, 2013 (Continued from July 17, 20131) � WARD: 1 OWNER/APPLICANT: Housing Authority of the County of San Bernardino r 715 East Brier Drive °' San Bernardino, CA 92408-2841 v Contact: Shirleen Garcia c 909-890-0644/sgarcia @hacsb.com "Ea t7 REQUEST/LOCATION: A request for a Conditional Use Permit to construct an affordable/workforce housing project and to E subdivide approximately 38 acres into 8 parcels and a 1-lot condominium subdivision to create a co mixed-use/income community and construct a three-story, 74-unit senior housing project (including one manager's unit) with court yards, 337 multi-family and condominium units and a 45,000-square foot recreational facility, a 58,200-square foot community center, a 18,400-square foot central shop building, and a 7,400-square foot administration/multi-purpose building. The applicant is also Cl) requesting approval of a Development Agreement. The proposed project would be constructed in N phases and is located at the northeast corner of Waterman Avenue and Olive Street, in the Residential Medium (RM) zone. r Assessor Parcel Number: 0147-211-01, 02, 03 and 04 °CL d a: CONSTRAINTS & OVERLAYS: None 0 ENVIRONMENTAL FINDINGS: U. w ❑ No Significant Effects ❑ Exempt from CEQA s ❑ Negative Declaration w 0 Potential Effects, Mitigation Measures and Mitigation Monitoring//Reporting Program t (available on the City's web site at www.sbcity.org— see "How do I..." and "Locate..." and click Planning Documents) E U R STAFF RECOMMENDATION: Recommend Approval to the Mayor and Common Council: Q • Approval • Conditions ❑ Denial ❑ Continuance to: Packet Pg.542 - TTM 18829, CUP 11-13 &DA 12 Continued Hearing Date: 12.11.13 Page 2 PROJECT DESCRIPTION The applicant requests approval of the following: 0 N Tentative Tract Map 18829 (Subdivision 11-03)under the authority of Development Code Chapter 19.66 a to subdivide approximately 38 acres into 8 parcels and a 1-lot condominium subdivision; N 00 co Conditional Use Permit 11-13 under the authority of Development Code Chapter 19.36, to construct an affordable/workforce housing project with a mixed-use/income community with recreation, common open space, community centers and a three-story, 73-unit senior housing project with one manager's M rII unit with court yards, 299 multi-family units, and 38 condominium units; and a. Development Agreement (DA) No. 11-0 1 under the authority of Development Code Chapter i 9.40, to U set forth binding development agreements between the City and the applicant. Specifically, the applicant proposes to subdivide a 38-acre project site into 9 parcels to accommodate M an affordable mixed use/income project. Below a summary of the proposed subdivision: • Parcel 1, 2.54 acres would accommodate 38 condominiums (market rate). E L • Parcel 2, 5.12 acres would accommodate a recreation/community center. • Parcel 3, 4.12 acres would accommodate 73 affordable senior housing units w/ 1 manager's 3: unit. o • Parcel 4, 1.67 acres would accommodate maintenance shops/buildings. N • Parcel 5, .54 acres would accommodate an administration building. • Parcel 6, 5.64 acres would accommodate 75 affordable mixed apartment/townhouse units. N • Parcel 7, 5.15 acres to accommodate 76 affordable mixed apartment/townhouse units. • Parcel 8, 5.76 acres would accommodate 79 affordable mixed apartment/townhouse units r • Parcel 9, 6.40 acres would accommodate 69 affordable mixed apartment/townhouse units. � 0 a m The proposed project would demolish the existing residential units that were constructed in 1943. The proposed development will include the following: r • Demolition of the existing 252 `public housing units' • 252 replacement `mixed-finance affordable housing units' (a 1 to 1 replacement ratio) w • 73 affordable senior housing units • 38 for sale condominium units • 48 market rate rental units w • Community Facilities and Open Space Amenities Q c a� The 337 apartment and townhouse units will consist of 56 one-bedroom units (618 square feet "sf'), E 136 two-bedroom units (813 sf— 997 so, 133 three-bedroom units (1,234 sf— 1,614 so, and 12 four- bedroom units (1,478 so. The 73 senior units will consist of 73 one-bedroom (576 so. One (1) unit Q for a manager's dwelling will be included in the senior housing development for a total of 74 units. Once completed Waterman Gardens will no longer be classified as a HUD designed "public housing" development. Packet Pg.543 TTM 18829, CUP I1-13 &DA 121 6.6.h Continued Hearing Date: 12.11.13 Page 3 The project site is located in the Residential Medium (RM) zone. The RM zone allows a maximum density of 12 units per net acre (18 units per acre for senior projects). The proposed 411 units would result in an overall density of 10.8 dwelling units per acre when considering the 38-acre project area as R a whole. This is discussed in further detail in the analysis for CUP 11-13,below. In addition to the new N dwelling units, the project would include a 45,800-square-foot Recreational Center, a 58,200-square- a foot Community Center, a 7,400-square-foot Administration Building, and 18,400-square-foot (re- habilitated) Central Shop, Maintenance Building, Recycling yard and Community Garden Building. co The structures will have variable setbacks on Waterman Avenue, Baseline Street, La Junita Street, and Olive Street. There will be six vehicular access points to the project site: two along Olive Street CV, located towards the west and east ends respectively; one located mid-block on La Junita Street, two along Baseline Street located mid-block and towards the east end respectively; and one located mid- block at Orange Street along Waterman Avenue. Additional pedestrian and 'bicycle access will be U located throughout the project and traffic calming measures are proposed be implemented on c Waterman Avenue, Baseline Street, and Olive Street. The applicant has proposed enhancing the pedestrian connection points on Waterman Avenue and Baseline Avenue as depicted in the "enhanced" M development site plan. This current site plan proposes to reduce the size of the recreational building in c place of greater open space and connectivity to the adjacent community neighborhood. The proposed E project will include many on-site recreation/community amenities,pedestrian-only greenways, walking C paths, and neighborhood parks with playing fields and picnic areas. y c SETTING& SITE CHARACTERISTICS a N The project site is the San Bernardino Watennan Gardens Public Housing, built in 1943. The project c site is approximately 38 acres and includes 252 family units in 114 buildings which include 87 single- N story duplexes, 24 multi-family townhouses, a management office building, Head Start facility, and r maintenance facility. Existing buildings, which are nondescript one- and two-story Federally- Subsidized Public Housing buildings and related structures, range from approximately 11 feet to a a maximum of 20 feet in height. Landscaping consists of a large number of mature trees (approximately 500),many of which are in poor health and/or are a hazard, and some turf open space areas. The site is : surrounded by urbanized development on all sides, with the exception of an orange grove immediately east of the project site. a U. Surrounding land uses include a mix of general and heavy commercial uses including retail, fast food restaurants, a full scale grocer, and medical facilities. Table 1, below, provides a summary of the E project site with the land uses of the surrounding properties. a c a� E t �a r Q Packet Pg.544 TTM 18829, CUP 11-13 &DA 12 Continued Hearing Date: 12.11.13 Page 4 TABLE 1: Surrounding Land Uses 0 Subject Site Residential Medium Residential Multi-family o (RM) Structures N CO CO T North Commercial General Commercial Shopping center (Across Baseline (CG-1) Street) r East Commercial Heavy Commercial Heavy commercial (Across La Junita (CH) uses Street) c I � West Commercial General Commercial General Retail (Across Waterman (CG-1) Avenue) E CD R South Commercial Heavy Commercial Shopping center c (Across Olive Street) (CH) N M r BACKGROUND • June 1941 —the San Bernardino County Board of Supervisors established the Housing Authority of T San Bernardino County(HASBC). 0 CL • September 1942 — permits issued to construct the Waterman Gardens Public Housing Project of 252 multi-family units. • F i ri r 2S? 1 Q — Ac r dir n o r Assessor r e cul ra ope v "' ebrt.a,y 73 ��g to Count} f San Bernardino Ass,ss.. cords, ,,....nt pr.F' Y c� owner, Housing Authority of the County of San Bernardino, became the documented property a owner of the subject parcel. • August 1, 2011 —The applicant submitted Conditional Use Permit 11-13 to the Planning Division. • March 7, 2012—The applicant submitted Development Agreement 12-02 to the Planning Division. E • March 14, 2013 - The application was reviewed by the Development/Environmental Review Committee and moved to release the draft Mitigated Negative Declaration for public review from March 21, 2013 —April 19, 2013. • June 20, 2013 — The applicant submitted a revised Development Agreement to the Planning t Division. � • July 3, 2013 — Notices to the property owners and residents within 500 feet of the exterior boundaries of the subject property were mailed, providing the nature of the request, location of the property, the date, time, and place of the Planning Commission meeting of July 17, 2013, for Tentative Tract Map 18829 (Subdivision 11-03), Conditional Use Permit 11-13 and Development Packet Pg.545; TTM 18829, CUP 11-13 &DA 12 6 B h Continued Hearing Date: 12.11.13 Page 5 Agreement 12-02. A legal advertisement was sent to the San Bernardino Sun Newspaper for publication on July 7, 2013. • July 17, 2013 - Planning Commission Hearing was held and after extensive discussion it was decided to continue the hearing to a subsequent date. Primary issues raised at the hearing included �z 0 the following: c•, Q - Clarification of the number of units proposed - how many affordable units would be ° constructed, and whether there would be a net increase in number of affordable units co - Why not just rehab the existing buildings? - How will relocation be addressed during construction? Will residents be paid for the cost of I relocation? - What is the impact on Police and Fire Department services given the increase in the number of T replacement units? D - How will the community facilities be funded and how will they be maintained in the long term? U co What would happen if only a portion of the development got funded and there were no additional funds to complete the rest of the development? - Has fencing around the property been considered as an option? The first three issues are discussed herein. Correspondence from the Police and Fire Departments E I supporting the project is provided as Attachment E. The applicant will address the outstanding items at the Planning Commission hearing. 3: 0 • July-December 2013 — Since the prior Planning Commission Hearing, the Housing Authority and National CORE have engaged in numerous outreach activities to ensure the issues raised above by =' the Commission are adequately addressed, including meetings with; Fire Chief, Police Chief, three c resident and community meetings, School District, Loma Linda University, various County ry departments and social service providers, SACH Norton, DMV Neighborhood Association, elected officials, Inland Action, local media, Latino Health Coalition, Abundance Church, Technical Employment Training Inc., Youth Conservation Corp., San Bernardino Youth Group, California a Apartment Association, and with various community leaders. CD In addition, from September 14, 2012 to June 27, 2013, the applicant provided 36 different forms of public outreach to the residents of Waterman Gardens, neighboring businesses, residents, a neighborhood associations, etc., held public workshops, etc. A list of the dates and types of public outreach conducted by the applicant is provided as Attachment G. U` c aD E CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) A Mitigated Negative Declaration (MND) has been prepared in accordance with CEQA (available on Q r the City's web site at www.sbcity.org — see "How do I..." and "Locate..." and click Planning Documents). The Draft MND identified potentially significant impacts of the project, discusses E avoidance measures incorporated in the project design, and numerous mitigation measures proposed to further reduce potential impacts of the project. The Draft MND was circulated for public review from Q March 21, 2013 to April 19, 2013. Comments were received on the Draft MND. These comments, and the responses to comments, are provided in the proposed final MND. Mitigation measures presented in the MND have been included in the Mitigation Monitoring/Reporting Program (MM/RP), Packet Pg.546_ TTM 18829, CUP I1-13 &DA 12 6. B.h Continued Hearing Date: 12.11.13 Page 6 and also incorporated by reference in the Conditions of Approval (Attachment Q. The mitigation measures in the MM/RP will reduce all of the impacts of the project to less-than-significant levels. Having considered the potentially significant impacts of the project, the City determines that all feasible mitigation has been adopted to reduce or avoid the potentially significant impacts identified in N the MND, and that those mitigation measures proposed will reduce all potentially significant impacts a to less-than-significant levels and no additional mitigation is required to further reduce significant impacts. Specifically, project components in the project plans/proposals made by, or agreed to by, the co applicant before the proposed negative declaration and initial study were released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the I— environment would occur. There is no substantial evidence in light of the whole record before the M public agency that the project, as proposed, may have a significant effect on the environment. r a ANALYSIS U N C Conditional Use Permit: Under the Density Bonus Law, the Project is entitled to receive a density bonus of up to thirty-five percent (35%), three concessions and incentives, waivers, and parking concessions, all as defined in E the Density Bonus Law. HASBC is requesting a 25% density bonus as part of the development 2 component pursuant to Development Code Section 19.04.030 (2) (D) and Government Code Section M 65915. " a HASBC is also providing Senior Units which are allowed a fifty percent (50%) density increase N pursuant to City Municipal Code Section 19.04.010(2)(E). In accordance with the Density Bonus Law and the City Municipal Code, the City must provide Land Owner with a density bonus and N concessions. r T For the purpose of the Development Code, "density bonus" shall mean a density increase of 25% over Q the otherwise maximum allowable residential density under the RM zone and the General Plan. The RM zone permits a maximum density of 12 dwelling units (d.u.) per net acre. As proposed with the = 25% Densitv Bonus pursuant to Development Section 19.04.030 (2) (D) and Government Code Section 65915, the density becomes at 15 units per gross acre (12 d.u./net acre x .25 = 3. 12 + 3 = 15 a d.u./net acre). The Municipal Code permits 18 d.u./net acre for senior housing developments without a density bonus. Further, the parcels created by TTM 18829 will meet the lot size and density bonus of the RM zone, and will be consistent with the Development Code, as shown in Table 2: w a Y IV a Packet Pg.M TTM 18829, CUP I1-13 &DA 12 6.B.h Continued Hearing Date: 12.11.13 Page 7 AF Table 2: Development Code Consistency TENTATIVE T '$' ONUS DENSITY LOT SIZE °W aMAP t'15 d.u./net acre N T Parcel 1: 2.54 acres 14'400 sq. ft(minimum) p 14.96 d.u./net acre Jo %-ondo uhllts 00 00 Parcel 2: 5.12 acres N/A N/A Community Center Parcel 3: 4.12 acres a. 17.96 d.u./net acre(*) 14,400 sq. ft(minimum) :3 74 Senior Units v c Parcel 4: 1.67 acres N/A 2 Maintenance Shops N/A c co E Parcel 5: .54 acres N/A Administration Building N/A 0 Parcel 6: 5.64 acres 13 75 Mixed Units .30 d.u./net acre 14,400 sq. ft(minimum) M 0 N r T Parcel 7: 5.15 acres 14.76 d.u./net acre 14,400 sq. ft(minimum) 76 Mixed Units o n. Parcel 8: 5.76 acres 79 Mixed Units 13.72 d.u./net acre 14,400 sq. ft(minimum) U) Parcel 9: 6.40 acres 78 d.u./net acre U 69 Mixed Units 10 14,400 sq. ft(minimum) a. u. (*)Please note that the RM Development Standards for density for senior housing is 18 d.u./net acre. U As permitted by Development Code Section 19.04.030 (2) (D) and Government Code Section 65915, .2 HASBC is requesting three concession items as follows: a i.. c as 1. Private Open Space requirements - the applicant is requesting a concession from private open E space requirements per Development Code Section 19.04.030 (2) (L) (2). Development Code w Section 19.04.030 (2) (L) (2)requires that each dwelling unit shall have a private (walled) patio a or balcony not less than 300 square feet in area or 25% of the dwelling unit size, whichever is less. HASBC proposes an average of 247 square feet in private open space. Table 3, below, provides a summary: Packet Pg. 548 TTM 18829, CUP 11-13 &DA 12 Continued Hearing Date: 12.11.13 Page 8 Table 3: Private Open Space Requirements Required: Provided: Unit Private Open Private Open Unit Type Unit Description Unit Size Space(sf) Space(sf) Al 1 BR-Seniors 576 sf n/a* 102 `y 1 BR A2 1 BR flat—singles/couples 618 sf 155 104 p B 1 2 BR fiat(accessible) 813 sf 203 105 N B2.1 2 BR townhouse(2-story) 998 sf 250 269 00 B2.2 2 BR townhouse(2-story) 997 sf 249 282 2 BR B3 2 BR flat(sr.bldg.manager unit) 1,088 sf n/a* 154 C1 3 BR townhouse(2-story) 1,241 sf 300 267 C2 2 BR townhouse(2-story-accessible) 1,234 sf 300 294 C3.1 3 BR townhouse(3-story,20'wide) 1,458 sf 300 308 (- C3.2 3 BR townhouse(3-story,20'wide) 1,455 sf 300 308 V 3 BR C4 3 BR townhouse(3-story,25' wide) 1,614 sf 300 1 200 D1.1 4 BR townhouse 1,478 sf 300 289 4 BR D1.2 4 BR townhouse(accessible) 1,478 sf 300 289 *Part of Senior Building—Private Open Space requirements do not apply. e E Pursuant to Development Code Section 19.04.030 (2) (L) (2),private open space is not required a; for the senior housing project. However, the proposed project will provide 102 square feet of private open space for each senior housing unit. 0 M 2. Off-street Parking Requirements—the applicant is requesting a concession from minimum off- street parking requirements for: a) the senior housing project, b) recreation and community center, and c) administration center. Development Code Section 19.24.040 requires parking for N the proposed project as follows: �i Table 4: Off-Street Parking Requirements n Development Code Proposed w. Residential: 787 spaces Residential: 787 spaces a u_ w Senior Housing Parking: 88 spaces Senior Housing Parking: 76 spaces w Recreation Community Center: Determined at Recreation Community Center: 122 spaces Q project review E U Administration Center: 30 spaces Administration Center: 7 spaces Maintenance Shops/Buildings: 10 spaces Maintenance Shops/Buildings: 32 spaces packet Pg.549' TTM 18829, CUP 11-13 &DA 12 Continued Hearing Date: 12.11.13 Page 9 3. Setback requirements—the applicant is requesting a concession from minimum project setback requirements for front yard, side yard, and distance between buildings per Development Code Table 04.02, RM Residential Development Standards. Table 5, below, provides a summary of ;: setback requirements: N a Table 5: Setback Requirements � c, N 00 co r RM Zone Development Code proposed M r r Front Yard 20' min. 25' Average 16'-9"min. j Side Yard: 2 Story 10' min. (+1' per 15' wall 6'-3"min. length) Rear Yard 10' min 10' min. 'a �a t9 Distance Between Buildings 20' min 6'-10"min E L In return for these concessions, the City will benefit from approval of the project with the following: 0 • The additional units will help the City meet its regional housing needs (RHNA) requirements, as identified in the Housing Element of the General Plan by providing additional very low-, low- and moderate-income housing opportunities in the City. c N r • A minimum 30-year affordable housing agreement will be established, per San Bernardino r Development Code Section 19.04.030(2) (D) (1) (e) to ensure the provision of the units identified as affordable units in the project remain as such (which will also ensure compliance oa with the RHNA requirements, as noted above). • The site will be redeveloped and brought up to current Code (City; Building, Fire, etc.) standards and additional amenities, including the recreation and community centers will be v constructed. c • Infrastructure improvements will be constructed in conjunction with the project. E s Other potential benefits of the project include a potential increase in property tax revenues due to an increase in the property's value; increased sales tax revenue generated by new residents of the project patronizing businesses in the community; and this infill project serving as a catalyst for additional E redevelopment of other sites in the project vicinity. r Regional Housing Needs Assessment(RHNA) A core component of the Housing Element is the Regional Housing Needs Assessment (RHNA). The RHNA, developed through a process directed by HCD and SCAG, represents the number of housing units, divided into various income categories, that have been calculated to represent San Bernardino's Packet Pg. 550, TTM 18829, CUP 11-13 &DA 12 6•B•h Continued Hearing Date: 12.11.13 Page 10 "fair share" of the regional housing need (2014-2021) By law, the City is required to show that adequate sites are available to accommodate the construction of new housing units consistent with RHNA. San Bernardino's RHNA for 2014 -2021 planning period has been determined by SCAG to be 4,384 housing units at various ranges of household income levels. 9 N Waterman Gardens is a project that meets the needs of San Bernardino's RHNA and encourages the a blending of income levels with `market rate' housing products to create a variety of housing needs and the needed support services conveniently located for residents and the adjacent community. CO CO Establishing connectivity' with the surrounding neighborhood and businesses will further support the financial success of future development. M T_ Phasing Alternatives a i r irAC rr i i r i i Based on available funding, nti�BC proposes three phasing alternatives for the proposed project. U N The project will include demolition of all residential units in the existing development. The replacement units will be built in multiple phases over a six to eight-year period. The order in which cO the phases will be built will be determined based on funding availability and infrastructure development considerations. Relocation for the initial phase will involve use of existing on-site E vacancies as well as intentional no refilling of vacancies once substantial project funding is obtained. m Residents in the first phase will be moved to vacant units on-site, and then once the first phase is c completed, the residents will then be moved to the completed units. The vacancies then created upon residents moving into the newly constructed units will then be used to temporarily house the residents N in the next phase. This process will occur multiple times until all the phases are completed. The end result will be that all residents will be relocated within the site as each phase is completed. T The Housing Authority will provide all residents the assistance, rights and benefits required under the N applicable relocation law and guidelines. Every effort will be made to facilitate relocation o arrangements and minimize hardships for the affected residents. No resident will be required to move without both adequate notice and access to available affordable decent, safe and sanitary housing. The Authority has retained the services of professional relocation consultants to assist all residents as well in as ensure the, relocation process is carried out in compliance with applicable relocation law and guidelines. U_ Below is a table showing the estimated units that will be removed and created in each phase. a E The numbering of the phases is not an indication of the order of the construction phasing, as stated 0 earlier the order in which the phases will be built will be determined based on funding availability. The .2 Housing Authority currently has an average vacancy of four units a month, which if frozen over a 12- month period would yield 48 vacant units, which is more than adequate to accommodate the initial a) phase. After the initial phase the table below indicates that for all the phases except Phase I (Community and Recreational facilities), the number of units created in each of the phases exceeds the w number of units removed. This will allow for more vacancies available on site after the initial phase, a enabling relocation of all residents within the site. Since the project will result in the demolition of existing affordable housing units, the applicant must provide a relocation plan for the displaced residents. As described in the Relocation Plan (revised- Packet Pg. 551' TTM 18829, CUP 11-13 &DA 12 Continued Hearing Date: 12.11.13 Page 11 November 6, 2013 and attached herewith) Section III and IV, only temporary relocation is anticipated and HACSB will provide relocation assistance and other services as described in the Relocation Plan. EXISTING UNITS REMOVED BY PHASE. PHASING 9 J :IW.ST R PLAN CV r _ _ _ _ _ _ _ _ Construction far W on aterm Gardens will occur in _ Q ---- --— —— __ several phases and could begin within 18-24 months Q .._..__-__._..______—__________. based on funding availability.The preliminary phasing plan identifies seven construction phases. �a r Construction for each phase may last approumatehy ONO 1 4 t 18-24 mcnths,with.a total estimated time of 10 00 si years for full complehpn Prior to each phase pp I .�• t { [ e. '''°t" ,' ,, a '�" 1: existing residents would be relocated to nearby G housing The HnusingAufhority wuld ensure that em ^� •�� ' g S" �� � e pM time and support is given to-pr epare residents for the relocation,and At associated relocation costs M _ s could be provided by the Housing Authority.Upon completion of each phase,the relocated residents -I \,^7`✓ V/ 4 ,�, could be loven first opportunity to move back into I � ' A (-]I the new houses.Again,the Housing Authorty 0- I n - � � �tj r W� would pravlde relocation aszisfonce for the move -• back.If a resident chooses to not move bad:,they can decide a f in their relocated house choose to move to a different n =or locatio. N Phase 1 is the construction of the new Community Cana:;and improaen�ts to the surrounding public- ^ Sn-L Ini Baseline Street lese public Avenue,Olive v/•� � Street Improvemerds to Deese public roadways and the construction of the Community Center = complex will signal,from the beginning,that real f0 • v�// positive rhood is underway.of the site and surrounding neighborhood is underway.The roadway L ® improvements will allow critical underground utility services,such as water,sewer,and electricity to be y __ constructed first thereby establishing a the baseline {--h �----_ —!—-- —1 --- -- infrastructure that will support the consbuction of T1'III! 1 I.l :I J I 1 T 1 7 9, 1� w I future phases.The roadway improvements will also d I ' PHASING CHART put into place the much needed tr i pairing and M pedesbian oriented infrastructure to support the N Units Removed Units Created higherdensity development and the Community 11 OR 2 OR 30R 40R 5 OR Total 1 OR 2 OR 3 SR #SR Total Center.The Community Center wiff start to attract Phase 1 12 30 8 0 0 50 0 0 0 0 people from nearby neighborhoods and bring much M needed foot traffic that will help surrounding retail r Phase II A � 2! 22-. '-# _6 # 381--16_ 35_� -3# #- �,�$ p g O Phase.11 8 ". +,'*' `78 10,d t>."+s2' `6 oAC; 6,. 24e Wa+ and commercial businesses_ Itwiil also put into (V place the soda]service infrastructure that will help r to support the existing residents and future residents t- asthefuturephasesarecompleted.Suildingthe N Community Center first will also serve as a key - r amenity in attracting higher income renters and assist .� Total units 2# 138 56 1# 1# 246 139 'I#7 7#0 13 43 O Q PHASING DIAGRAMS W .........__._...... — -- ---------------- WATERMAN GARDENS MASTER PLAN REPORT R w U Table 6, below,provides a comparison of the proposed and existing unit in sizes: a. U_ c TABLE 6: COMPARISON OF PROPOSED AND EXISTING UNIT IN SIZES E Existing a Housing Type Unit Size #Units a A 1 BR Duplex 628 SF 26 s BR B 2 BR Duplex 810 SF 66 a BR C 3 BR Duplex 985 SF 64 Q BR D 4 BR Duplex 1,054 Sf 14 BR E 2 BR Units 931 SF 68 BR E 5 BR Units 1,862 SF 14 TOTAL: 252 Units Packet Pg.552' TTM 18829, CUP 11-13 &DA 12 Continued Hearing Date: 12.11.13 Page 12 Proposed Housing Type Unit Size #Units Al 1 BR Flat(Senior Citizen Apt) 576 SF 73 1 BR apartment 618 SF 57 C14 2 BR apartment 813 SF 9 N 2 BR Townhome(2 story) 998 SF 117 B 2 BR Townhome (2 story) 997 SF 10 ° Flat(Senior Bldg. Manager's Unit) 1,088 SF 1 04 3 BR Townhome (2 story) 1,241 SF 13 c°- 3 BR Townhome (2 story-accessible) 1,234 SF 19 3 BR Townhome (3 story 20'wide) 1,458 SF 59 M 3 BR Townhome (3 story 20'wide) 1,455 SF 10 3 BR Shop House(3 story 25'wide) 1,614 SF 32 a. 4 BR T ownhome 1,4 7 8 SF 9 4 BR Townhome 1,478 SF 2 TOTAL 411 Units Neighborhood Impact: Public hearing notices for the July 17, 2013 hearing were sent to property owners within 500 feet of the subject site, as required by Section 19.52.020 of the City of San Bernardino Development Code. Since the July 17 hearing was continued to a date certain, new r noticing was not required. Additionally, the applicant has been conducting workshops and meetings on the proposed project to provide information to the community for over two years (Attachment G). c Multi-family Housing Standards: The project is located in the Residential Medium (RM) zone, which allows multi-family housing. Pursuant to Development Code Section 191.04.030 (L) (1), all multi- o family developments with 12 or more dwelling units shall provide 30% usable open space for passive N and active recreational uses. Usable open space areas shall not include rights-of-ways; vehicle parking 7 areas; area adjacent to or between any structures less than 15 feet apart; setbacks; patio or private T- yards; or slope areas greater than 8%. The site plan provides 32% of usable open space. The proposal a will provide 12.02 acres of open space, which exceeds Development Code Section 191.04.030 (L) (1). Below,Table 7 provides a summary of the open space requirements for the proposed project: U) Table 7: Open Space Requirements a u. Development Code Proposed E s U w+ Q • 30% 0 32% • 11.41 acres (496,845 so • 12.02 acres (523,712 so E U R w Q All multi-family developments shall provide recreational amenities within the site which may include: a swimming pool spa; clubhouse; tot lot with play equipment; picnic shelter - barbecue area; or day care facilities. The proposal will provide 24 amenities, which exceeds Development Code Section Packet Pg.553 TTM 18829, CUP 11-13&DA 12 Continued Hearing Date: 12.11.13 Page 13 191.04.030 (L) (3). Below, Table 8 provides a summary of the open space requirements for the proposed proj ect: I Table 8: Amenity Requirements N 0 N P Q Development Code Proposed 1 � N 00 iE 6 amenities i 24 amenities rp A combination of a swimming pool, tot lot, * 16 barbecue areas, 5 play structures, 1 M picnic shelter, barbecue area, and day care daycare center, recreation center,l facilities. fountain plaza, and 1 community garden CL and'kitchen U -tea Additionally, the RM Development Standards for lot coverage is 50%. The proposed project lot coverage would be below the RM Development Standards at 37%. E L i.+ Economic Feasibility: As stated above, the applicant is requesting a density bonus for several of the subject parcels and concessions. The purpose of this request is to allow additional units to be constructed within the project in a cost-effective manner. The applicant has indicated that the GAP financing for the higher density (greater number of units) shown on the attached pro forma (Attachment G) is in-line with N typical industry standards, while the GAP financing for the lower density scenario (12 units per acre r maximum,per the Development Code) is too high to be economically feasible to construct or maintain. 0 CL Development Agreement: CU In essence, the proposed Development Agreement (Attachment D) would lock in the planning/zoning laws in existence at the time of entering into the Agreement and the City agrees not to change its a planning/zoning laws applicable to the specific development project for a specific period of time. Therefore future land use decisions regarding such a development project would not be based on the then current planning/zoning laws,but rather would be based on the planning/zoning laws as they were E in existence at the time the Development Agreement was executed. In exchange, the City gets certain benefits and concessions that it might not be able to require through conditions of approval. w Q The proposed development agreement would grant the developer vested right to redevelop the Waterman Gardens Public Housing and would establish the terms under which the development E obligation as they relate to development impact fees, traffic mitigation fees, school fees, processing and permit fees. The benefits to the City would include: a) bring new employment opportunities to the Q City, b) development of the site would improve the tax base/City revenues, c) the project would improve the image of the area with new construction, infrastructure, and amenities. The term of the proposed agreement is for 20 years. Packet Pg. 554' TTM 18829, CUP 11-13 &DA 12 Continued Hearing Date: 12.11.13 Page 14 FINDINGS OF FACT—TENTATIVE TRACT MAP 1. The proposed subdivision is consistent with the General Plan and the Development Code. cv 0 The proposed subdivision is consistent with the applicable the General Plan and the Development a Code. The parcels created will meet the lot size, lot coverage, and development standards as described in Table 2, above. General Plan Policy 2.7.5 requires that development be contingent upon the ability CO CO of public infrastructure to provide sufficient capacity to accommodate its demands, and the proposed project will continue to connect to City water and sewer services, roads, storm drains, and public ut111tles. M r r 2. The design of the proposed subdivision is consistent with the General Plan. a. The proposed subdivision will implement the goals and polices contained in the General Plan. The W La.�d Use Element in the General Plan (Table LU-2) lists the intended uses for the Residential Land Use District. The RM zone is consistent with this land use district, and allows multi-family, R apartments, duplex residences in a high quality suburban setting at a density of 12 dwellings per acre (18 dwellings per acre for senior developments). Each proposed parcel will have direct access to a E public street. The proposed subdivision will facilitate operation of the existing and future residential a; uses, in compliance with the General Plan and Development Code, as shown above. 0 3. The site is physically suitable for the proposed type of development.. N The project site is physically suitable for the existing and future multi-family residential uses. The o Tentative Tract Map conforms to the subdivision design standards for minimum lot size and access as ry specified in the Development Code. The parcels will be accessible by existing streets. Connecting to r the existing infrastructure surrounding the subject site will provide water, sewer, storm drain, and utility services. Therefore,the site is physically suitable for existing and future residential uses. a a� 4. The site is physically suitable for the proposed density of development. CU w fn The site is physically suitable for the proposal in that the proposed subdivision is consistent with the a Subdivision Map Act, the General Plan, the Development Code and the proposed parcels will be LL compatible with the surrounding pattern of development as discussed in Table 2, above. There are no physical constraints on the site that would preclude subdivision and development of the site as s proposed.� S. The design of the subdivision is not likely to cause substantial environmental damage, or a substantially and unavoidably injure fish of wildlife or their habitat. E s The subdivision will not cause substantial environmental damage or injure fish or wildlife or their habitat. A comprehensive environmental review was completed according to the CEQA Guidelines to a determine the presence and extent of any environmental impacts, as discussed in the Initial Study (Attachment G), and will be subject to the mitigation measures in the Mitigation Monitoring/Reporting Program (MMRP). Further, the site is currently developed and located in an urbanized area and therefore,will not substantially damage or injure fish or wildlife or their habitat. Packet Pi'.555 TTM 18829, CUP 11-13 &DA 12 Continued Hearing Date: 12.11.13 Page 15 6 The design of the subdivision is not likely to cause serious public health problems. The design of the proposed subdivision meets all applicable Development Code requirements, which F protect the public health and safety. The proposed subdivision will have direct access a pi~blic street N and provides adequate provisions for drainage water supply, and landscape maintenance as discussed a in the Initial Study. Emergency and public services will continue to have adequate access to future ° structures on the site. The proposed project will be subject to the mitigation measures in the Mitigation co Monitoring/Reporting Program that minimize serious public health and safety problems. F- '. The design of the subdivision and related improvements will not conflict with any easements, r> acquired by the public at large,for access through or use of property within the proposed subdivision. a r , „ , IT she design of the subdivision will not conflict with any public easements. ivo conflicting easements t3 have been identified, but any easements requiring reservation or relocation will be provided for under c the review of the City Engineer prior to recordation of the Tentative Tract Map. L FINDINGS OF FACT—CONDITIONAL USE PERMIT = E 1. The proposed use is conditionally permitted within, and would not impair the integrity and 0 character of the subject zone and complies with all of the applicable provisions of this Development Code. 0 M The proposed project, an affordable mixed-use/income housing project, is a permitted use under the RM land use classification, subject to approval of a Conditional Use Permit application. The project c proposes less residential density than the maximum allowed by the Development Code, and exceeds N the open space/landscaping requirements. The project design is consistent and compatible with other development in the vicinity, and it complies with the standards enumerated in Sections r 19.04.030(2)(Q) and 19.04.030 (2) (L) for multi-family and senior housing projects, as well as other Q applicable provisions of the Development Code, as illustrated in Tables 2, 3, 4, 5, 6, and 7 of the staff report. Therefore, the proposal would not impair the integrity and character of the subject RM land use t�: district. U a. 2. The proposed use is consistent with the General Plan. U. Y General Plan Housing Goal 3.1 states: "Facilitate the development of a variety of types of housing to meet the needs of all income levels in the City of San Bernardino". Y Y General Housing Policy 3.1.3 states: "Encourage the development of senior housing in all areas of the Q city ..........". _ E General Plan Policy 3.3 states: "Assist in the development of adequate housing to meet the needs of w low and moderate-income households". Q General Plan Policy 3.1.3 states: "Encourage the development of senior housing in all areas of the City; especially the downtown, where the permissible...." Packet Pg.556 TTM 18829, CUP 11-13 &DA 12 , ;6.B� Continued Hearing Date: 12.11.13 Page 16 The proposed project will provide additional senior housing opportunities in the central area of the City and additional affordable and market rate rental and ownerships housing opportunities in a variety of types and services, consistent with the General Plan goals and policies cited above. 3. The approval of the Conditional Use Permit for the proposed use is in compliance with the N requirements of the California Environmental Quality Act and Section 19.20.030(6) of the a Development Code. °— N 00 CO Approval of this Conditional Use Permit is in compliance with the requirements of the California Environmental Quality Act and Development Code Section 19.20.030 (6) pertaining to environmental resources and constraints. Approval of the proposed project would not result in any impacts on the r, environment that could not be mitigated to less than significant levels. Potentially significant impacts identified in the Draft Mitigated Negative Declaration will be less than significant with implementation 0- of the proposed mitigation measures in Attachrient G. t3 N C T. There wilt be no potentially sign ficant negative impacts upon environmental quality and natural a resources that could not be properly mitigated and monitored. c As noted in Finding No. 3 the proposed project complies with CEQA and Development Code E requirements related to environmental review and protection of sensitive natural resources. Evidence ) and analysis in the Draft Mitigated Negative Declaration demonstrates that all potentially significant environmental impacts of the project will be mitigated to less than significant levels by implementation c of the recommended mitigation measures. c 5. The location, size, design, and operating characteristics of the proposed use are compatible with the c existing and future land uses within the general area in which the proposed use is to be located and N will not create significant noise, traffic or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity or adverse to the public interest, health, safety, r convenience, or welfare of the City. n d The proposed project conforms to all applicable development standards and land use regulations of the - RM land use district, as illustrated in Tables 2, 3, 4, 5, 6, and 7of the staff report. Therefore, the design Cn of the project, in conjunction with the recommended conditions of approval, will ensure that the project will 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 will it be adverse to the public interest, health, safety, convenience or welfare of the City. The location, size, design and character of the proposed development will enhance the existing conditions in the area, much to the benefit of the public interest and general welfare of the City. Q r 6 The subject site is physically suitable for the type and density/intensity of use proposed. E As discussed in Tentative Tract Map Finding 4, above, the project site is physically suitable for multi- r family and senior housing, developed at the density proposed by Conditional Use Permit 11-13, as Q evidenced by the project's compliance with all applicable Development Code Standards noted in Tables 2, 3, 4, 5, 6, and 7. There are no physical constraints that would limit development of a affordable housing project on the site as proposed. Therefore, the site is physically suitable for the proposed project. Packet Pg. 557 7TM 18829, CUP 11-13&DA 12= Continued Hearing Date: 12.11.13 Page 17 f 7. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety. All agencies responsible for reviewing access and providing water, sanitation and other public services N to the site have had the opportunity to review the proposal, and none indicated inability to serve the e project site. Standard health and safety regulations will ensure that development of the project will not o be detrimental to public health and safety. CO CO CONCLUSION M ( The proposed project is consistent with the General Plan and the design of the improvements conforms Ii `a to applicable standards of the Development Code. The project's Mitigated Negative Declaration a t 111�P 4t measures f kMND) has been prepared in accordance with CEQA, and inc�udes mitigation measures will U i protect public health and safety. Staff believes that the proposal satisfies all Findings of Fact required for approval Tentative Tract Map 18829 (Subdivision 11-03), Conditional Use Permit 11-13 and Development Agreement 12-02. 1 c ! RECOMMENDATION E j L t Staff recommends that the Planning Commission recommend that the Mayor&Common Council: 1. Adopt the Mitigated Negative Declaration and Mitigation MonitoringlReporting Program; and 2. Approve Tentative Tract Map 18829 (Subdivision 11-03), Conditional Use Permit I1-13 and Development Agreement 12-02 (Attachment D),based on the Findings of Fact contained in the N Staff Report and subject to the Conditions of Approval(Attachment C). r a O t Respectfully Submitted, Afon Liang a Senior Planner w c m E Approved for Distribu on: Tony'StevGart, U jj Acting Community Development Director Q Packet Pg.558 TTM18829, CUP 11-13 &DA12 � 6.B:h� �.° Continued Hearing Date: 12.11.13 Page 18 Attachment A- Location Map Attachment B—Revised Exhibits Attachment C - Conditions of Approval Attachment D—Development Agreement CM Attachment E—Correspondence from Fire and Police Departments dated July 18 and July 19, 2013 N Attachment F—Draft Planning Commission Meeting Minutes of July 17, 2013 B Attachment G—July 17, 2013 Planning Commission Packet* —° N CO (*) CO The original Project Exhibits and Mitigated Negative Declaration were distributed on CDs. The Mitigated Negative Declaration is also available for viewing at the City's web site at www.sbcity.or9 and Planning Division front counter in the Community Development Department, and is comprised of r the following: T a_ initial Study/Drat Mitigated Negative Declaration Ci Final Mitigated Negative Declaration Preliminary Project Plans a Appendix A: Air Quality Assessment Appendix B: Archeological Assessment = Appendix C: Historic Resources Evaluation E Appendix D: Geotechnical Report ; Appendix E: Phase I Environmental Site Assessment Appendix F: Noise Assessment o Appendix G: Traffic Study o Appendix H: Green House Gas Assessment Cn Appendix 1: Drainage Study 0 Appendix J: Water Quality Management Plan N Appendix K: Wastewater Management and Flow Analysis r N Appendix L: Relocation Plan 0 a m c� U a- LL w C N E t U R Q •i+ C d E L V tSf r+ r+ a Packet Pg. 559 I 7 : e Awl Y "S� 4 MGR � •�S '` F yy •,• •Z Y u 1 1 k 1 wl 1 t�� � i � t ...,... F�1 ' 7 , L �c�..; k-• 4S�}+��.. t �: Project Si e ' F °fit, rt� �$ir�'F��t ,��� ► nzsl� �; .K � 4 ,dpi�''-� f� � .-ilr ti i � �Y t ( , � '_.. t— as d w r f 51114 7 Y .'� �'. `� • L.0 } ... l .1 7YmH!.I l it,rt C 76 4 V �§ �_ 171 t t�r OT 6.B.h ATTACHMENT A -LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION s�I e�e PROJECT: TTA 18829, CUP 11_1 3 & Da 12-0-2 MAV HEARING DATE: 07117113 N poB� Co — ''avi — -o Reside Fl M + �� Suburban Publi T 7 1 a -- l � 1 I ~` . U l (f-T Commsrci E,z zow c ide i Subu H E ASELI E ST as 00 t �. diurn ORANGE a P o Cq 11TH Reside al mosid,midA T- " Math Modium c°v - -OLIVE 10TH m O. Facilliities �' He .r n ! M— a In u I �' Indu'st'rial Moo r,19043 H Light U �Al ntrol ,, County Cz Publi ° r , r Q Packet Pg. 561 6.B.h EXHIBIT B The Waterman Gardens revised exhibits are available online at: 0 http://www.sbeity.org/cit,yball/community development/agendas/planning commission packets asp Q v Should this not work,here are step by step directions to obtain them: 1. Go to the City's website at: http://www.sbcity.org °r° 2. Go to the City Hall Tab 3. Select Community Development,Agenda, Planning Commission Packets ~ M 4. Select the date of the meeting It will open a Zip Folder for you. From there you can Open, Save and Print your documents. a U O L V E L 0 AF 74 M M T a N r r Cd r t' O CL CD U a. U- c d E L U t6 Y a+ Q a+ C d E t V R r+ Q Packet Pg.562' 6 ."k ATTACHMENT C CONDITIONS OF APPROVAL Tentative Tract Map 18829 (Subdivision 11-03) and Conditional Use Permit 11-13. o e N r 1. This approval is for the construction of an affordable housing project and to subdivide o approximately 38 acres into 8 parcels and a 1-lot condominium subdivision to create a co mixed income community and construct a three-story, 74-unit senior housing project with co one manager's unit with court yards, 337 multi-family and condominium units and a 45,000-square foot recreational facility, a 58,200-square foot community center, and a M 7,400-square foot administration/multi-purpose building. The proposed project would be constructed in eight phases and is located at the northeast corner of Waterman Avenue and a Olive Street, in the Residential Medium (RM) zone. All development must be in substantial v conformance with the Site Plans, Landscape Plan, Floor Plans, and Building Elevations, all y date stamped February 27, 2013 and certain revisions all date stamped November 5,2013. All conditions must be compiled with prior to submitting for building plan check, unless otherwise stated. c 2. Tentative Tract Map: Within two years of the original approval date, the filing of the initial E kv L phase 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 N to forwarding them to the City Clerk. The date the final map shall be deemed filed with the r Council is the date on which the City Clerk receives the map. As provided for in San Bernardino Development Code Section 19.66.140, EXTENSION OF TIME, any applicable time limits for acting on the tentative map application may be extended by mutual written f consent of the subdivider and the City, as outlined in Map Act Section 66451.1. o CL a� EXPIRATION DATE: 2 Years after approval by the Mayor and Common Council ca 3. Conditional Use Permit: Within two years of this approval, the applicant shall apply for the Q necessary building permits and commencement of work/construction must have occurred on Phase 1 of the project or the permit/approval shall become null and void. The applicant shall obtain Building Permits for each phase of development as indicated in the project's E Phasing Exhibit (final Phasing Plan to be submitted at of plan check with Phase I and with technical improvement plans by the Applicant to the City) prior to commencement to the a specified construction activities included in the Conditions of Approval; otherwise the permit/approval will become null and void. Commencement of construction shall include demolition of existing structures and/or public improvements. Approval of the Conditional Use Permit does not authorize commencement of construction. All necessary permits must w be obtained prior to commencement of specified construction activities included in the Q Conditions of Approval. 1373\08\1430555.2 12/2/2013 Packet Pg.563 `' 6.B.h TTM 18829, CUP 11-13 &DA 12-02 Conditions of Approval Page 2 EXPIRATION DATE: 2 Years after approval by the Mayor and Common Council for commencement of construction. 4. In the event this approval is legally challenged by a third party, the City will promptly o notify the applicant of any claim or action or proceeding and will cooperate fully in the r I defense of this matter. Once notified, the applicant agrees to defend, indemnify, and hold o harmless the City of San Bernardino ("City"), any departments, agencies, divisions, boards N or commissions of the City, as well as any predecessors, successors, assigns, agents, o 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 that the City may be required by a court to pay as a result of such action, but such participation shall not a 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 -a consideration for issuing this permit, this condition shall remain in effect if this t7 Development Permit is rescinded or revoked, whether or not at the request of applicant. L Q� 5. Prior to installing any signs, the applicant must submit a Sign Permit application to the Planning Division for review and approval. 0 6. All perimeter block walls shall be constructed with the decorative finish on both sides (split N face, slump stone, etc.). M 0 N 7. All construction sites shall be secured with temporary chain-link fencing, 6 feet in height. 8. Garage doors for all homes shall be set into the walls rather than flush with the exterior o walls. A variety of compatible designs shall be used throughout the project. d 9. No homes shall be occupied until all conditions of approval for each phase have been completed for final sign-off of all permits. n. 10. All windows, doors, and vents shall be architecturally treated. U_ w d 11. The project shall be subject to all applicable Mitigation Measures contained in the E Mitigation Monitoring/Reporting Program contained in Attachment F. Q 12. Prior to the issuance of Building Permits, the applicant must demonstrate on the construction drawings for the project that all exterior light fixtures will be energy efficient. v 13. The property owner(s), successors and assigns will be responsible for regular maintenance Q the site. Vandalism, graffiti, trash and other debris must be removed within 24 hours of first being reported. 1373\08\1430555.2 12/2/2013 Packet Pg. 564 ' �6Bh TTM 18829, CUP 11-13&DA 12-02 Conditions of Approval Page 3 14. All necessary drainage and flood control measures shall be subject to requirements of the Land Development Division. The developer's Engineer shall furnish all necessary data relating to drainage and flood control prior to grading permit issuance. N 15. The development is located within Zone X on the Federal Insurance Rate Map Number 06071 C8682H with Map Revise date of August 28, 2008. Therefore, the applicant must o raise all building pads above the surrounding area. If required or requested the City shall assist with the processing and approval of a LOMR application. Applicant shall be co responsible for preparation of all documents, reports and studies necessary to complete the filing of this application by the City. Further, any application fee required for the filing of the CLOMR/LOMR shall be paid by the applicant. T r 16. All drainage from the development shall be directed to an approved public drainage a facility. if not feasible, proper drainage facilities and easements shall be provided to the satisfaction of the City Engineer. a� -a 17. If site drainage is to be outletted into the public street, the drainage shall be conveyed through a parkway culvert constructed in accordance with City Standard No. 400. Conveyance of site drainage over the Driveway approaches will not be permitted. E L 18. A Storm Water Pollution Prevention Plan (SWPPP) will be required. The applicant is directed to the California State Water Resources Control Board website for the CASQA o SWPPP template. The SWPPP shall be accepted by the City Engineer and filed and N approved through the Storm Water Multiple Application and Report Tracking System (SMARTS)prior to issuance of a grading Permit. c N r- 19. Prior to issuance of a Grading Permit, the applicant must submit to the Director of 7 Community Development for review and approval an Erosion Control Plan. The plan shall be designed to control erosion due to water and wind, including blowing dust, during all °a phases of construction, including graded areas which are not proposed to be immediately built upon. w Cn 20. The site/grading and drainage plan shall be signed by a Registered Civil Engineer and a a grading permit will be required. The grading plan shall be prepared in strict accordance with the City's "Grading Policies and Procedures" and the City's "Standard Drawings", _ unless otherwise approved by the City Engineer prior to grading permit issuance. E s U 21. A Landscape and Lighting Maintenance District (LLMD) shall be implemented to maintain Q landscaping within the following areas: r c d a) The median island located at Waterman Avenue north of Olive Street and South of Baseline Street. b) The median island located at Baseline Street west of La Junita Street. Q 1373\08\1430555.2 12/2/2013 Packet Pg. 565 TTM 18829, CUP 11-13&DA 12-02 Conditions of Approval Page 4 22. All required maintenance districts (as noted in COA#21 herein solely) shall be formed and bonded by the applicant prior to Map recording. Maintenance district formation requires a minimum of four months after approval of plans. 9 23. The cost of the installation of landscaping and irrigation systems within the Landscape and 9 Lighting Maintenance District shall be bonded as part of the faithful performance, labor Q and materials, and warranty bond rea,uired for approval by the City Council and recording of the tract map, unless the improvements are to be maintained by the Developer as noted CO in COA#21 herein). 24. The applicant shah submit separate sets of landscape plans for the Landscape and Lighting Maintenance District. a 25. The landscaping and irrigation system shall be installed in the Landscape and Lighting v Maintenance District (LLMD) and accepted by the City Engineer prior to application for occupancy of any house in the subdivision. As phasing is anticipated for this project, the above condition shall be implemented on a phase-by-phase basis. In the event the LLMD CO has not been accepted by the City the developer may apply for a `temporary occupancy' of = any unit by applying for this with the Development Services Department and providing the appropriate surety instrument. ca 26. Pad elevations shown on the rough and/or precise grading plan shall not vary more than o one-foot for interior pads or one-half foot for exterior pads from the pad elevations shown N on the tentative tract map as approved by the Planning Commission. Exterior pads are those pads immediately contiguous to existing streets or existing residential areas. Grading Plans c shall incorporate the design features as per the accepted Water Quality Management Plan for this project, T 27. If more than five trees are to be removed from the site, a tree removal permit conforining to 0 CL the requirements of Section 19.28.090 of the Development Code shall be obtained from the Department of Community Development Planning Division prior to issuance of any grading or site development permits. U n. 28. The applicant must post a grading bond prior to issuance of a grading permit. The amount U. of the bond is to be determined by the Land Development Division. E 29. If more than 50 cubic yards of earth is to be hauled on City streets, a special hauling permit shall be obtained from the Crt Y Engineer.sneer. Additional conditions such as truck route .2 a pp roval traffic controls, bondin g, covering of loads street cleanin g, etc. may be required w by the City Engineer. m E 30. Prior to issuance of a Grading Permit, the applicant must submit to the Land Development 2 Division for review and approval a liquefaction evaluation. Any grading requirements recommended by the approved liquefaction evaluation shall be incorporated in the grading plan. 1373\08\1430555.2 12/2/2013 Packet Pg. 566 TTM 18829, CUP 11-13 &DA 12-02 Conditions ofApproval Page 5 31. The applicant shall submit to the Land Development Division for review and approval an on-site Improvement Plan. Where feasible, this plan shall be incorporated with the grading plan and shall conform to all requirements of Section 15.04-167 of the Municipal Code (See "Grading Policies and Procedures O N 32. Prior to final inspection the applicant shall install a refuse enclosure. The refuse o enclosure(s) mnct ha cnnctrnrtP J in nrrnrrlanrP xvith City Standard Drnuuinv Nn 50R and the minimum size of the refuse enclosure shall be 8 feet x 15 feet, unless the Public Works co Department, Refuse Division, approves a smaller size, in writing. Where the refuse enclosure is proposed to be constructed contiguous to spaces for parking passenger vehicles, a three-foot wide by six-inch high concrete planter shall be provided to separate the enclosure from the contiguous parking. a 33. Where an accessible path of travel crosses drive aisles, the applicant shall delineate the path v of travel by textured/colored concrete pavement. c 34. Prior to the issuance of Building Permits, the applicant must submit a Landscape and Irrigation plan that has been prepared in substantial conformance with the preliminary landscape plan dated February 27, 2013 and certain revisions dated November 5, 2013 to the E Land Development Division for review and approval. Prior to the issuance of a Certificate of Occupancy, the applicant must install all landscape and irrigation improvements in conformance with the final landscape and irrigation plan. The Landscape Plan may be o submitted, and the landscaping may be installed, in `phases' to coincide with any phased c IL development proposed. Each phase will be considered a `stand alone' improvement and not tied to any other phase of the project. N r 35. Prior to occupancy of any building within any phase of the project, the developer shall post a bond to guarantee the maintenance and survival of project/each phase of landscaping for a period of one year. The Developer, one (1) year following landscape installation and a inspection is solely responsible to contact the Land Development Division for inspection of the landscaping and to receive release of any bonding requirements accordingly. 00 36. An easement and covenant shall be executed on behalf of the City to allow the City to enter 0 a. and maintain any required landscaping in case of owner neglect. Upon request, the Real U 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 E maintain the landscaping, the City will be able to file appropriate liens against the property 0 in order to accomplish the required landscape maintenance. A document-processing fee in Q the amount established by ordinance shall be paid to the Real Property Section to cover processing costs. The property owner, prior to on-site plan approval, shall execute this easement and covenant unless otherwise allowed by the City Engineer. 37. Prior to the issuance of a Building Permit, the applicant shall submit to the Community Q Development Director for review and approval plans for the screening of all utility equipment. Screening shall not be located in any setback/right-of-way area. Prior to final inspection, the applicant shall install all required screening. If the transformer cannot be 1373\08\1430555.2 12/2/2013 Packet Pg:567 i TTM 18829, CUP 11-13&DA 12-02 Conditions of Approval Page 6 I Q screened, it shall be located in an underground vault unless approved by the Director of jCommunity Development pursuant to Section 19.30.110. J t 38. The applicant shall design and construct all public utilities to serve the site in accordance with City Code, City Standards and requirements of the serving utility, including gas, N electric, telephone, water, sewer and cable TV. 39. The applicant shall provide each parcel with separate water and sewer facilities. co 40. The applicant shall install backflow preventers for any building with the finished floor F- f elevation below the rim elevation of the nearest upstream manhole j i r t 41. Prior to occupancy the applicant shall replace sewer segments with Node IDs 2147 (328') a and 2149 (170')with 18-inch diameter pipe. The verified total costs of these improvements v (soft and hard) will be credited toward the Sewer Connection Fee in accordance with San Bernardino Municipal Code. 42. The applicant shall place all utility services shall underground and provide easements as c I � required. E L Y 43. The applicant shall place the existing overhead utilities with contiguous frontage to Baseline Street and Olive Street or traversing the site on the project side of the street Q underground in accordance with San Bernardino Development Code Section 19.20.030. c Existing overhead utilities contiguous to Baseline Street and Olive Street on the opposite side of the street are not required to be placed underground. c 44. The applicant shall process a Tract Map for this project. The applicant is directed to the City's web page at www.sbcity.org- Departments - Public Works Submittal Requirements for submittal requirements. a. a� 45. The applicant must submit a Final Map based upon field survey prepared by a Licensed Land Su^✓e�or or a Re istered Civil Engineer �vhe may also practice surveying, and must z II g g y p record the Final Map and the project's Conditions, Covenants and Restrictions (CC&Rs) a prior to the issuance of a Certificate of Occupancy. w 46. Street, sewer, drainage improvement, traffic signals, for the entire project shall be E jcompleted, subject to the approval of the City Engineer, prior to the Map recordation. The proposed project may be recorded on a phased basis, therefore it is possible that improvements will be phased accordingly. a c d 47. If the required improvements are not proposed to be completed prior to recordation of the `� Final Map, a de f e rr ed improvement in accordance with Sec tio n 1 9.30.1 60 of the .�cu Development Code will be required. If the agreement is approved, an improvement certificate shall be placed on the Final Map, stating that the required improvements will be 0 completed upon development. 1373\08\1430555.2 12/2/2013 Packet Pg.568 6.B.h TTM 18829, CUP 11-13&DA 12-02 Conditions of Approval Page 7 48. The applicant shall pay the Street Light Energy Fee to pay the cost of street light energy on public streets, not including private roadways, for a period of four years. The exact amount shall be determined and shall become payable prior to map recordation. ti 49. For the streets listed below, prior to the issuance or a Certificate or Occupancy, the applicant must dedicate the street right-of-way (R.W.) to provide the distance from street o Centerline to nrn arty line nnrl nlarPmant of the Ciirb line (C L) in relation to the Oroot centerline shall be as follows: co r t I ~ E � j STREET NAME RIGHT-OF-WAY(FT.) CURB LINE(FT.) r ! r 4 r 1 a Baseline Street 100 feet 32 feet ca y j Olive Avenue 60 feet 20 feet Waterman Avenue 110 feet 43 feet CU i iE cc 7� 50. La Junita Street is currently a private street and shall remain private until acceptance by M action of the Citv. Dedication of an easement for street and highway purposes along this street will require specific approval of the Mayor and Common Council. If approved by the Mayor and Common Council, the street shall be improved to current City street standards N with a dedicated right-of-way that is 50 feet wide. The paved surface between curbs shall be 36 feet wide. The applicant shall design and construct all curbs, gutters, paving, r sidewalks, drainage and street lights to City standards for the entire dedicated length prior o to acceptance by the City. C• d 51. The applicant shall construct an eight-inch curb and gutter per City Standard No. 200 contiguous to the site. The applicant shall also widen the pavement contiguous to the site to match the new curb and gutter and shall construct approach and departure transitions for a. traffic safety and drainage as approved by the City Engineer. U_ w aD 52. The applicant shall construct sidewalk contiguous to the site in accordance with City E Standard No. 202; Case "A" (six feet wide contiguous to curb) along Baseline Street, and the west side of La Junita Street. The applicant shall construct a sidewalk along Olive Q Street with a reduced to five-foot width contiguous to curb where required. a� E 53. If the existing sidewalk and/or curb and gutter contiguous to the site on Waterman Avenue are in poor condition, the applicant shall remove and reconstruct the sidewalk and/or curb w and gutter to City Standards. The curb and gutter shall conform to Standard No. 200, Type a 0 "B" and sidewalk shall conform to Standard No, 202, Case "A" (six feet wide contiguous to curb),unless otherwise approved by the City Engineer. 1373\08\1430555.2 12/2/2013 Packet Pg. 569 TTM 18829, CUP 11-13&DA 12-02 Conditions of Approval Page 8 R 54. At all curb returns within and contiguous to the project site, the applicant shall construct accessible curb ramps in accordance with Caltrans Standards to comply with current ADA accessibility requirements. The applicant shall dedicate sufficient right-of way at the comer to accommodate the ramp on Olive Street and Waterman Avenue, Olive Street and La Junta Street, and Baseline Street and La Junita Street. N T 5S The a» lir-ant ghall ronstnirt the driveway ewav a»»rnnrhPS nPr (\itv Standard No M'; The f rl?..,w... rl l. .. ---- r-- applicant shall remove all existing driveway approaches that are not part of the approved co plan and replace with full height curb and gutter and sidewalk. � F 56. The applicant shall design the curb bulb out returns at the following intersections of Olive Street and Waterman Avenue, Olive and La Junita Streets, and La Junita and Baseline Streets to meet the minimum turning path for bus design vehicles. A 42-foot turning radius o. as referenced in the AASHTO-Geometric Design of Highways and Streets shall be designed and constructed by the applicant. The radii of the curb returns may be less than c 42 feet when the traveled path accommodates bus design vehicles. �a 57. Reverse angle parking shall be designed and constructed by the applicant at the southern location of the project from west side of Olive Street to Waterman Avenue. The parking E design shall be approved and accepted by the City Engineer. 58. The applicant shall install Street Lights contiguous to the site on Baseline Street in c accordance with City Standard Nos. SL-I and SL-2, Also, the applicant shall submit a N separate light plan in accordance with the City of San Bernardino Street Lighting Design M Policies. T N r 59. If the project is to be developed in phases, the applicant shall design each individual phase w to provide maximum public safety, convenience for public service vehicles, and proper Y traffic circulation. In order to meet this requirement, the following will be required prior to Q the finalization of any phase: w a) Improvement plans for the total project or sufficient plans beyond the phase boundary to verify the feasibility of the design shall be complete to the L)a. satisfaction of the City Engineer; � b) A Phasing Plan shall be submitted for review and approval by the Engineering = Division, Fire, and Planning Departments, indicating what improvements will be E constructed at each given phase; C) Street improvements shall be completed beyond the phase boundaries, as a necessary to provide secondary access from the development; d) Drainage facilities, such as storm drains, channels, earth berms and block walls, shall be constructed, as necessary, to protect the development from off-site flows on La Junita Street; e) Easements for any of the above and the installation of necessary utilities shall be Q completed prior to map recordation; 0 f) Phase boundaries shall correspond to the lot lines shown on the approved tentative map. 1373\08\1430555.2 12/2/2013 Packet Pg. 570'. 6.B.h TTM 18829, CUP 11-13&DA 12-02 Conditions of Approval Page 9 60. The applicant shall submit a complete package for plan checking, which shall consist of: a) Street improvement plans (may include street lights or street lighting may be separate plan); b) Sewer plans (private sewers may be shown on oil-site improvement plan; public N sewers must be on a separate plan with profile); o c) Storm drain plans (private storm drains may be shown on on-site improvement plans; public storm drains must be on a separate plan with profile); co d) Traffic signal plans and/or traffic signal modification plans; e) Signing and striping plan (may be on sheets included in street Improvement plan); 0 Lighting (on-site lighting may be included in on-site improvement plan or may be on a separate stand-alone plan); T g) Grading(may be incorporated with on-site improvement plan); °- D h) On-site landscaping and irrigation plan; U i) Landscaping and irrigation in the Landscape and Lighting Maintenance District (n plan; and v j) Other plans as required. Piecemeal submittal of various types of plans for the same project will not be allowed. All required supporting calculations, studies and reports must be included in the initial submittal (including but not limited to E drainage studies, soils reports, structural calculations). IL 61. The rough grading plan may be designed and submitted in combination with the precise o grading plan. N 62. The applicant shall submit an off-site improvement plan to the Land Development Division o for review and approval. All off-site improvement plans submitted for plan check shall be prepared on the City's standard 24" x 36" sheets. A signature block satisfactory to the City Engineer or his designee shall be provided. � 0 0. 63. After completion of plan checking, final mylar drawings, stamped and signed by the Registered Civil Engineer in charge, shall be submitted by the applicant to the City Ens a Copies of the City's design policies and procedures and standard (n L��bineer for approval.. drawings are available at the Public Works Counter for the cost of reproduction. They are a also available at no charge at the Public Works Web Site at http://www.sbcity.org. w c 64. The applicant must submit electronic files of the Tract map to the City Engineer. The files E must be compatible with AutoCAD 2000, and include a .DXF file of the project. Files 0 shall be on a CD and shall be submitted at the same time the final Mylar drawings are Q submitted for approval. c 0 65. The applicant shall be responsible for obtaining the following Engineering Permits: Grading Permit; Construction Permit for on-site improvements, including landscaping; and r Construction Permit for off-site improvements. a 66. All plan check, permit, inspection, and impact fees are outlined on the Public Works Fee Schedule. A deposit in the amount of 100% of the estimated checking fee for each set of plans will be required at time of application for plan check. The amount of the fee is 1373\08\1430555.2 12/2/2013 Packet Pg. 571 TTM 18829, CUP 11-13&DA 12-02 Conditions of Approval Page 10 subject to adjustment if the construction cost estimate varies more than 10% from the estimate submitted with the application for plan checking. The above payment of fees is subject to a Development Agreement (DA) and therefore may differ from current and/or future fee schedules utilized by the City. The current fee schedule is available at the Public ;c Works Counter and at http://www.sbcity.oKg. 9 Q 67. The Traffic, Study prepared by FEHR & PEERS and AssociatPs dater, T ly 2012 has been � reviewed and accepted. All identified traffic mitigation measures shall be implemented at co the developer's expense. 68. The applicant shall align the intersection of Alder Street and Baseline Street to the entrance T of the Stater Brothers Shopping Center. The intersection shall be signalized and pedestrian r facilities shall be provided. This new traffic signal shall be interconnected with the existing a traffic signals at Waterman Avenue. No uncontrolled, marked pedestrian crosswalks shall v be allowed on Baseline Street. 69. The intersection of Waterman Avenue and Olive Street shall be signalized and pedestrian facilities shall be provided. These new traffic signals shall be interconnected with the c existing traffic signal at Baseline Street. No uncontrolled, marked pedestrian crosswalks E shall be allowed on Waterman Avenue. Other proposed improvements include: W a) Baseline/Crestview intersection signals and crosswalk. The new south side of o Crestview is to be aligned with the existing north side of Crestview. N b) Mid-block pedestrian crossing and half-signal at Waterman between 11th Street and Orange Street. c N r 70. On-site landscaping (private areas) shall be installed by the applicant and accepted prior to release of gas utility and prior to final inspection. This condition may be implemented on a per phase' basis. a a� I � 71. The streets within any phase of the subdivision shall be base paved (0.10 foot low) prior to R delivery of construction materials to the site. U a 72. Prior to final inspection of the last three comes in the tract (or phase), the final lift of LL pavement shall be installed. � at E 73. Prior to final inspection and release of the last three homes in the tract (or phase), the 0 pavement on the streets contiguous to the tract shall be rehabilitated. The method and w extent of rehabilitation shall be determined at time of final inspection by the City Engineer. a w c as 74. Applicant shall prepare a Network Hydraulic Analysis per Uniform Design Standards prior to issuance of Building Permits. All hydrants/water systems shall be designed to provide 20 a psi residual flow at required fire flows. A Developer installed Agreement is required prior a to on-site water main extensions. 75. Prior to issuance of an Occupancy Permit, the applicant shall install a R.P.P. backflow device at the service connection for domestic service. 1373\08\1430555.2 12/2/2013 Packet Pg.572 i 6: .hay TTM 18829, CUP 11-13&DA 12-02 Conditions of Approval Page I1 76. Prior to issuance of an Occupancy Permit, the applicant shall install a double check backflow device at the service connection for Fire and irrigation. The backflow device shall be inspected before water service is activated. R N 77. The project is subject to Recalculation of the Sewer Capacity Fee and payment of the fee o nrinr to tha issuance of a Building Permit The Reralrnlatinn ghah he hayed on the agreed upon rates per the Development Agreement. 00 78. Prior to issuance of a building permit, the applicant shall submit to the Building and Safety Division for review and approval building plans and site plans that conform to the California Building Codes in effect at the time of plan submittal. This shall include the a. California Green Building Code. v 79. The applicant must use the three-second gust factor when preparing construction plans c since the project is located in a 95 mph, Exp C wind load area. � L 80. Prior to issuance of a building permit, the applicant shall submit to the Building and Safety Division for review and approval plans that conform to the Title 24 Disabled Access and E ADA requirements in place at the time of Building Permit plan submittal. - End of Conditions of Approval - M C9 N r r e.i III T t 0 Q. j U a 1L m E U f6 w w Q w C d E 0 t V r+ Q 1373\08\1430555.2 12/2/2013 Packet Pg. 573 MEMNON RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of San Bernardino 9 Attn: City Manager V- 300 North "D" Street, 61h Floor o San Bernardino, California 92418 N co 00 Exempt from Recording Fee Pursuant to Government Code Section 27383 r Space above this line for Recorder's Use Only U) _ 'O cL6 AVELOPMENT AGREEMENT E aw " WA�TERMAN GARDENS R Of k j icp N �$y and'��etwee ,. N THE CITY OF SAN BERNARDINO V r N and f� Y Q. HOUSING AUTHORITY OF THE COUNTY OF SAN BERNARDINO U 4. U- ,2013 E co w Q a� E w Q 1373\08\1183096.19 12/4/2013 Packet Pg:574 ` I I TABLE OF CONTENTS Pale ARTICLE I DEFINITIONS 1.1 Definitions........................ 1 2 Capitalized Terms. .............................. ...........5 N 1.3 Exhibits. a ARTICLE 11 GENERAL PROVISIONS................................................................................. .....5 N 00 00 2.1 Par ties....................................................................................................................5 2.2 Relationship of City and Land Owner..................................................................7 2.3 Description of Property. .....7 2.4 Effective Date. ......................................................................................................7 r CL 2.5 Execution and Recording. ......7 ............................................................................... 2.6 Term......................................................................................................................7 U 2.7 Provisions Required by Statute.............................................................................7 2.8 Discrepancies ..8 °T L B ARTICLE III DEVELOPMENT OFD HEPROPERTY..............................................................8 [,� E 3.1 Use of thePiopertx_,�and'Apphle Law Subject to Agreement. 8 CD......................... 3.2 No Conflpng En ctients ...............................................................9 I 3.3 Subsequently�acte�Rul�andReulat>ons ..........................9 9 0 3.4 Initiatives and Referenda0... .; .............................................. M rn 3.5 Compliance With RequiiemtsaOthei over`rmental Entities. ....................10 3.6 City's Police Power ....... �. ..... �� .... .........10 3.7 Subsequent Development Approvals r theropert P ...............................11 C°,, �"S is . 3.8 Life of City Approvals and Subsequent Approvalsr 11 r G 3.9 Timing of Development. ......12 C� 3.10 Land Owner Obligations..................................... 12 V€................................................ O x.11 City Obligations. Q- 3.12 Mutual Obligations of the Parties. ......................................................................14 ca r AP\T1CLE IV ATNIENDMEl`dT, %_t—x CELLATION, ATV D TER1.�I1`dA T ION OF 'n U AGREEMENT................................................................................................................14 a U. 4.1 Amendment or Cancellation Procedure. 4.2 Recordation of Amendment or Cancellation. .........14 E 4.3 Amendments to Development Agreement Legislation.......................................15 ARTICLE V ANNUAL REVIEW...................... ..............15 Q ......................................................... c 5.1 Annual Review......................... E 5.2 Contents of Report..............................................................................................15 v 5.3 Waiver.................................................................................................................15 r Q ARTICLE VI DEFAULT, REMEDIES, AND TERMINATION..............................................16 Ar is i 1373\08\1183096.19 12/4/2013 Packet Pg:575 TABLE OF CONTENTS Page ............................................................................................................ 16 6.1 Default.. •• 6.2 Remedies for Default..........................................................................................16 6.3 Notice and Procedure Regarding Defaults..........................................................16 ARTICLE VII ESTOPPEL CERTIFICATE ........• v 17 T Q ARTICLE VIII TRANSFERS,ASSIGNMENTS......................................................................18 w 00 8.1 Agreement Runs With the Land. ........................................................................ 18 � 8.2 Right to Assign. ............... ..........................................................................18 f- 8.3 Release Upon Sale or Completion of Development...........................................19 ARTICLE IX MORTGAGEE PROTECTION ............................................20 a 9.1 Mortgage Protection............................................................................................20 9.2 Mortgagee Not Obligated.. 20 L 9.3 Notice of Default to Mortgagee..........................................................................20 9.4 No SuperseduM...... 21 Ca 9.5 Mortgagee Protection ........21 E +v w' a ....................ARTICLE X NOTICES� . ...21 10.1 Notices. ....... ...Y �y... <., ..21 ARTICLE XI MISCELLANEOUS � � .ate r 11.1 Third-Party Legal Challenge .. : . � ................22.. . ... ..................... N T 11.2 Bankruptcy..................................... ':.................., ..........................................22 f�. 11.3 Applicable Law/Venue/Attorneys' Fees and Coss............................................23 o 11.4 Further Assurances........................................... ..................................................23 >� 11.5 Severability. ........................................................................................................23 11.6 Nondiscrimination................... ...................23 11.7 Land Owner Right to Rebuild.............................................................................23 u± 11.8 Headings. ...................23 v 11.9 Agreement is Entire Understanding....................................................................23 11.10 Interpretation.......................................................................................................23 11.11 Recordation of Termination................................................................................24 °' E 11.12 Signature Pages; Execution in Counterparts.......................................................24 w w Exhibit A: Legal Description Q Exhibit B: Concessions Pursuant to Density Bonus Law Exhibit C: Current Processing Fee Schedule Exhibit D: Current Impact Fee Schedule w a >> 1373\08\1183096.19 12/1/2013 Packet Pg.576j I DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (the "Agreement") is made and entered into in the City of San Bernardino on the day of , 2013, by and between the CITY Or c SAN BERNARDINO, a municipal corporation organized and existing under the laws of the N T State of California (the "City"), and the Housing Authority of the County of San Bernardino, a o kt N^P ublic body, corporate arld P olitil he "Land Owner"), P urS�unt to the authority, of Scltions 65864 through 65869.5 of the California Government Code and Chapter 19.40 of the San 00 Bernardino Municipal Code. The City and the Land Owner are, from time to time, individually referred to in this Agreement as a"Party" and collectively referred to as the "Parties." RECITALS T a A. To strengthen the public planning process, encourage private participation in is comprehensive planning, and reduce the economic risk of development, the Legislature of the State of California adopted Government Code Sections 65864 through 65869.5 (the y "Development Agreement Lawwhich authorizes the City and any person having a legal or equitable interest in real property`ta enter into a development agreement and, among other things, establish certain deI I rie�nf rights-in property which is the subject of a development project application. Th Mayorfi an Common Council of the City of San Bernardino Q (collectively, the City C la ci .' 'ted Cl�apte> 19,40 of the San Bernardino Municipal Code to govern the processing of develo�menfgreementsf Sy the City. ar fa r o J. B. Land Owner is the fee owner of the real.,,0 pi rty located within the City of San Bernardino, County of San Bernardin o 5tate`o Cal fornia, asp ft ther described in Exhibit A �., attached hereto and incorporated herein by this iEl ericc the "PropeY ty"). N C. Land Owner proposes to develop the Property yto"nclude the demolition of 252 cli existing residential units (the "Existing Dwelling Units") and fie construction of a development consisting ovf a u ' O seve t. �rvv (' J\ nits restricted 1.V1 11UL1 llJ `ill%, 1.11111V1 111111) f allU 11111.,4 Q. hundred thirty-eight (338) non-senior units (the "Non-Senior Units") for a total of four hundred eleven (411) residential units and community uses totaling 129,800 square feet (including a day care center, social service/recreation center, administration building and maintenance facility) to U) be known as Waterman Gardens (the "Project"). The Project includes development of the v a Property as contemplated by the City Approvals, this Agreement, and Subsequent Approvals. D. Entering into this Agreement is acknowledged to be to the mutual benefit of the City and the Land Owner and is approved by the City in consideration of the significant public benefits to be derived from the Project, including: (1) redevelopment of 252 seventy-year old housing units affordable to low income households: (2) provision of 73 additional housing units a for seniors affordable to low income households; (3)provision of 86 market-rate units to provide mixed-income housing; (4) improvements to Baseline Street, Waterman Avenue, and Olive E Street to enhance vehicular and pedestrian safety, and which exceed the improvements m necessitated by the impacts of the Project; (5) provision of more community amenities than the a six required by the Development Code; 6) P ao provision of community facilities, including recreational and training facilities; (7) enhanced public safety; (8) increased property tax 1 1373\08\1183096.19 12/4/2013 Packet Pg: 577 i valuation; and (9) short-term construction employment and long-term employment at the community facilities. E. Under the California State Density Bonus Law (Government Code Section 65915 et seq.; the "Density Bonus Law"), the Project is entitled to receive a density bonus of up to N thirty-five percent(35% three concessions and incentives, waivers, and parking concessions, all •- Q as defined in the Density Bonus Law. o N F. The following approvals, entitlements, and findings have been adopted by the o City with respect to the Property: t- 1. The City of San Bernardino Planning Commission (the "Planning Cq Commission") and the City Council certified a Mitigated Negative Declaration for the Project on r (the "MND"). As required by the Califo>mia Environmental Quality Act a. ("CEQA"), the City adopted written findings and a Mitigation Monitoring and Reporting v Program on , 2013. 2. The City-ors 2013, approved a Finding of No Significant Impact ("FONSI") for the Project as,.kequired by the National Environmental Policy Act("NEPA"). a E 3. Tl e Plannin' Qomrrir on approved Tentative Tract Map No. 18829 , (Subdivision No. 11-03} th respect,%a the Poperty on ,2013, by Resolution No. phi_y CD 4. The Plann ng Co nMIS 1)royed conditional Use Permit No. 11-13 3h� ; h`7 Y (for the density bonus, concessions an- ri permiffeed by Government Code Section 65915 r and Municipal Code Section 19.04.030(D)(1)) vithtespect. to thePr�perty on N 2013, by Resolution No. A _ u,. 5. The Mayor and Common Council approved this Agreement, Tentative Tract Map No. 18829 and Conditional Use Permit No. 11-13,14,more fully set forth below. 0 d The City actions identified above are collectively referred to as the "City Approvals." The City Approvals incorporate all conditions of approval of Tentative Tract Map 18829 (Subdivision 11-03) and Conditional Use Permit 11-13 and all plans submitted by the Land a Owner to the City and incorporated into the City Approvals, including but not limited to the site plans, landscape plan, floor plans, and building elevations date-stamped N6Vem15er 5,2013. "' a� G. The development of the Project will require future discretionary and ministerial s approvals from the City, potentially including, but not limited to, encroachment permits, demolition permits, grading permits, building permits, final inspections, and certificates of Q occupancy consistent with the City Approvals (the "Subsequent Approvals"). "Subsequent Approvals" also include any review required by CEQA or NEPA, including implementation of E all mitigation measures, monitoring programs, and conditions adopted as part of the City U Approvals. a H. To ensure that the intent of the City and Land Owner with respect to the City Approvals are carried out, the Parties desire voluntarily to enter into this Agreement in order to 2 1373\08\1183096.19 12/4/2013 Packet Pg.-V8, i facilitate development of the Project subject to the conditions and requirements included in this Agreement. I. The Planning Commission, on , 2013, after giving required notice, conducted a public hearing and adopted findings relating to this Agreement, as required by Municipal Code o Chapter 19.40, and recommended that the Mayor and Common Council approve this Agreement. The Mayor and Common Council on , 2013 (the "Adoption Date"), after giving required o notice, conducted a public hearing and adopted Resolution No. approving this N Agreement and making all findings and determinations relating to this Agreement which are o required by the Development Agreement Law and by Municipal Code Chapter 19.40. J. The Mayor and Common Council find that execution of this Agreement and the performance of and compliance with the terms and conditions set forth herein by the Parties: (i) are in the best interests of the City; (ii) will promote the public convenience, general welfare and good land use practices in the City; (iii) will promote preservation and enhancement of Iand U values in the City; (iv) will encourage the development of the Project by providing a reasonable e level of certainty to the Land OVne>; and (v)will provide for orderly growth and development in a manner consistent with the KXTRI'Ian and other plans and regulations of the City. f° C7 k NOW, THEREFORE, wit e, e to the foregoing Recitals and in consideration of E the mutual promises, o ligation n cove ants herein contained, the sufficiency of which a; consideration is hereby _ -'ge t Land., Owner agree as follows: x 1a� 'AGREF3 EM Ti ` Cl) The introductory paragraph, the Recital ,sand all definefierms set forth in both are r hereby incorporated into this Agreement as if hereinafter fully and``completely rewritten. o ARTICLE I DEFINITIONS w 1.1 Definitions. The following defined terms are used in this Agreement. c� a 1.1.1 "Adoption Date" is defined in Recital I. �- w c a� 1.1.2 "Agreement" is defined in the first paragraph, page 1. E U flf 1.1.3 "Annual Report" is defined in Section 5.1. a r 1.1.4 "Applicable Law" is defined in Section 3.1.2. E 1.1.5 "Assignee" is defined in Section 8.2.1. .r Q 1.1.6 "Assignment" is defined Section in 8.2.2. 1.1.7 "CEQA" is defined in Recital F. 3 1373\08\1183096.19 12/4/2013 Packet Pg.579 i it 1.1.8 "City" is defined in the first paragraph, page 1 and in Section 2.1.1(a) l.1.9 "City Approvals" is defined in Recital F. 0 1.1.10 "City Council" is defined in Recital A. B 0 i "City Fees" is defined in Section 3.11.3. N co 1.1.12 "City Law" is defined in Section 3.2.1 1.1.13 "Current Impact Fee Schedule" is defined in Section 3.11.3(b)(iii). M r 1.1.14 "Current Processing Fee Schedule" is defined in Section 3.11.3(a). j C.i 1.1.15 "Declaration of Default" is defined in Section 6.2. N y 1.1.16 "DefWlt" is defined in Section 6.1. h fi, 1.1.17 ID ensity$Bonus Law" is defined in Recital E. 1.1.18 "Densit"Bonus Or4linance" is defined in Section 3.11.2. w � 1.1.19 "Deve]bpmeA greeg�nLaw" is defined in Recital A. c 1.1.20 "Effccttve Dtetdefzted >nSecftan 2.4. y�r 1.1.21 "Existing Dwelling Untt `iFclened in Recital C. N 1.1.22 "Fee Study" is defined n Section 3Y j,'�3(b)(i). 1.1.23 "FONSI" is defined in Recital F< 0. 1.1.24 "Impact Fees" is defined in Section 3.11.3. w 1.1.25 "Land Owner" is defined in the first paragraph, page 1. a 1.1.26 "MND" is defined in Recital F. c a� 1.1.27 "Mortgage" is defined in Section 9.1. E 1.1.28 "Mortgagee" is defined in Section 9.1 and Section 9.5. a 1.1.29 "NEPA" is defined in Recital F. E 1.1.30 "Non-Senior Units" is defined in Recital C. Q 1.1.31 "Notice of Default" is defined in Section 6.3.1(a). 1.1.32 "Party" and "Parties" are defined in the first paragraph,page 1. 4 1373\08\1 183096.19 12/4/2013 Packet Pg.580 i 1.1.33 "Planning Commission" is defined in Recital F. 1.1.34 'Processing Fees" is defined in Section 3.11.3. 1.1.35 "Project" is defined in Recital C. o N r 1.1.36 "Property" is defined in Recital B. o 1.1.37 "Senior Units" is defined in Recital C. CO P 1.1.38 "Subsequent Approvals" is defined in Recital G. M 1.1.39 "Term" is defined in Section 2.6. a 1.1.40 "Third Party Challenge" is defined in Section 11.1,1 U 1.2 Capitalized Terms. If any capitalized terms contained in this Agreement are not y defined above, then any such teams shall have the meaning otherwise ascribed to them in this Agreement. . 1.3 Exhibits.T;h followl�i ,-z'ExA l�i4ts are attached hereto and incorporated into this E Agreement: F A< R Exhibit A: Le altibes�ptzon At o Q Exhibit B: Concessions Purstlantr{'o DeiY y- Bonus Law s ` Exhibit C: Current ProceOffigj S ' edule k Exhibit D: Current Impact FeeSchec�> le AWRQ'1 16 ARTICLE II GENERAL PROVISION o a 2.1 Parties. ca 11:1 The.City, u� v a (a) The City is a charter city and a municipal corporation duly ,t U. organized and validly existing under the laws of the State of California. The office of the City is located at 300 North "D" Street, 6t" Floor, San Bernardino, California 92418. "City," as used in (D this Agreement, includes the City of San Bernardino and any assignee or successor to its rights, M powers and responsibilities. .2 Q (b) The City represents and warrants that, as of the Effective Date of a� this Agreement: (i) The execution and delivery of this Agreement and the r performance of the obligations of the City have been duly authorized by all necessary actions a and approvals required for a municipal corporation; 5 1373\08\1183096.19 12/4/2013 Packet Pg.581 (ii) The City is in good standing and has all necessary powers under the laws of the State of California and in all other respects to enter into and perform the undertakings and obligations of this Agreement; and (iii) This Agreement is a valid obligation of the City and is N enforceable in accordance with its terms. Q 1 2.1.2 The Land Owner. 00 00 (a) Land Owner is the Housing Authority of the County of San Bernardino, a public body, corporate and politic. For the purposes of this Agreement, the Land F Owner's office is 715 East Brier Drive, San Bernardino, California 92408. a (b) Land Owner represents and warrants that, as of the Effective Date � of this Agreement, Land Owner is: N (i)rk The sole fee owner of the Property; (ri) Duly organized and validly existing under the laws of the State of California; r $� y E (rtr� Qualified=and authorized to do business in the State of California and has duly corrrplred w th a1L�req remant pertaining thereto; and 17 TN, (rv) In`goodsfandrfig and las all necessary powers under the laws of the State of California to own:propeityad in all otheer<yrespects enter into and perform M the undertakings and obligations of this Agreement AY 4Mrt: e - N (c) Land Owner further represents and Warrants: N yt N T (i) That no approvals or consents of any persons are necessary o for the execution, delivery or performance of this Agreement by Land Owner, except as have been obtained; c� w (ii) That the execution and delivery of this Agreement and the v performance of the obligations of Land Owner have been duly authorized by all necessary Q- actions and approvals required under Land Owner's organizational documents; 14- w a� (iii) That this Agreement is a legal, valid, and binding E obligation of Land Owner and is enforceable in accordance with its terms; r (iv) That the execution, delivery, and performance of this a Agreement by the Land Owner does not and will not materially conflict with, or constitute a material violation or material breach of, or constitute a default under (a) the Land Owner's M organizational documents (b) any law, rule, or regulation binding upon or applicable to the Land Owner, or(c) any material agreements to which the Land Owner is a party; Q (v) That, unless otherwise disclosed in writing to the City prior to the date of the City Council's adoption of this Agreement, and except for threats of litigation 6 1373\08\1183096.19 12/4/2013 Packet Pg:582; expressed in public hearings relating to the City Approvals, there is no existing or, to the Land Owner's reasonable knowledge, pending or threatened litigation, suit, action, or proceeding before any court or administrative agency affecting the Land Owner or, to the best knowledge of the Land Owner, the Property, that would, if adversely determined, materially and adversely affect the Land Owner or the Property or the Land Owner's ability to perform its obligations N under this Agreement or to develop and operate the Project; and Q 0 (vi) That Land Owner and/or any person or entity owning or N operating the Property, has duly obtained and maintained, or will duly obtain and maintain, all o licenses, permits, consents, and approvals required by all applicable governmental authorities to develop, sell, lease, own, and operate the Project on the Property. M r 2.2 Relationship of City and Land Owner. The Parties specifically acknowledge that this Agreement is a contract that has been negotiated and voluntarily entered into by the City and M the Land Owner and that the Land Owner is an independent contractor and not an agent or v partner of the City. The Parties further acknowledge that neither Party is acting as the agent of = the other in any respect hereunder and that each Party is an independent contracting entity with respect to the terms,covenants,�'artc,conditions contained in this Agreement. V 4 >- None of the terms oprprovrsi hs of this.Agreement shall be deemed to create a partnership between or among thearties in;fheiusrne of the Land Owner, the affairs of the City, or a; otherwise. The City and, nh Own h r�by renounce the existence of any form of joint venture or partnership between them, andagre at nothing contained in this Agreement or in any document executed in connectioh�with this Agreem ent sh ll be construed as making City and Land Owner joint venturers or partners 4 VI ,gyp x"`M M 2.3 Description of Property. The Prapertywhrcl is the;subject of this Agreement is N described in Exhibit A, attached hereto and incorpor ted herein by his reference. r 2.4 Effective Date. This Agreement shall become effective thirty (30) days after the tiuV�J 11U11 LaIG lU1G D11CGl1VG LatC"). " Q. d 2.5 Execution and Recording. Not later than ten (10) days after the Adoption Date, the City and the Land Owner shall execute and acknowledge this Agreement. Not later than ten rn (10) days after the Effective Date, the City Clerk shall cause recordation of this Agreement with a the San Bernardino County Recorder against the Property, provided that a referendum applicable to Resolution No. has not been timely submitted to the City. _ at 2.6 Term. The term of this Agreement shall commence upon the Effective Date and continue for a period of twenty (20) years from the Effective Date (the "Term"), unless the Term .2 is terminated, modified, or extended by the provisions of this Agreement. Q c 2,7 Provisions Required by Statute. The Development Agreement Law provides, E E among other things, that a development agreement shall specify the following: v w 2.7.1 Duration of the Agreement. See Section 2.6 of this Agreement. Q 7 1373\08\1 183096.19 12/4/2013 Packet Pg.583 2.7.2 Permitted Uses of the Property. See Section 3.1.1 of this Agreement and the City Approvals. 2.7.3 Density or Intensity of Uses. See Section 3.1.1 of this Agreement ti and the City Approvals. N T 2.7.4 Maximum Height and Size of Proposed Buildings. See Section 3.1.1 0 of this Agreement and the City Approvals. co 00 2.7.5 Reservation or Dedication of Land for Public Purposes. See Section 3.10 of this Agreement and the City Approvals. M T 2.7.6 Periodic Review Annually. See Article V of this Agreement. T a 2.8 Discrepancies. Chapter 19.40 of the San Bernardino Municipal Code provides at v subsection 2 of Section 19.40.010, that: "Should any apparent discrepancies between the meaning of these documents [Chapter 19.40, Section 65864 et seq. of the Government Code, and � the Development Agreement] ase, then the documents shall control in construing the development agreement in the'110 ffipg order of priority: _ pu 2.8.1 "The plain terms of this Agreement itself; ��� 2.8.2 "The pr-Q. i bns oil Municipal Code Chapter 19.40; and O � �{ AV r o v rt= RR k r M 2.8.3 "The provisions of Developmenl:;A_greement Law. N �'pd "A T ARTICEIII " r u DEVELOPMENT OF THE PROPERTY T 3.1 Use of the Property and Applicable Law Subiect to Agreement. The Property is c hereby made subject to the provisions of this Agreement. Affdevelopment of or on the Property, or any portion thereof, shall be undertaken only in compliance with the provisions of this Agreement and with Applicable Law. v 3.1.1 Permitted Uses. The Project shall be developed in accordance with o. the City Approvals and this Agreement. During the Term of this Agreement, the permitted uses u_ of the Property, the density or intensity of use, the maximum height and size of proposed buildings, other zoning standards, provisions for reservation or dedication of land for public Ee purposes, and all other terms and conditions of development shall be those set forth in the City Approvals. Q u 3.1.2 Applicable Law. "Applicable Law" includes the City Approvals, the m Subsequent Approvals consistent with the City Approvals and when approved by the City, this Agreement, and those ordinances, resolutions, rules, regulations, standards, policies, conditions, c and specifications applicable to the Project in effect on the Effective Date, and except as a otherwise provided in Sections 3.3 and 3.5. 8 1373\08U 183096.19 12/412013 Packet Pg.584ii 3.2 No Conflicting Enactments. 3.2.1 Except as and to the extent required by state or federal law, and subject to the provisions of Sections 3.3 and 3.6 below, the City shall not impose on the Project any ordinance, resolution, rule, regulation, standard, policy, condition, or specification, including o by initiative (each individually, a "City Law"), that has any of the following effects on the rights Q provided by Applicable Law: o N (a) Changes any land use designation or permitted use of the Project 00 from that shown in Applicable Law; F- (b) Limits or controls the rate, timing, phasing or sequencing of the r approval, development, or construction of all or any part of the Property except as set forth in r this Agreement and in Applicable Law; or a. M U (c) Limits or restricts any right specifically granted by the City Cn Approvals or this Agreement, including, but not limited to, permitted uses and permitted floor area ratio. ` i (� 3.3 Subsequent lysEnacted Ruled and Regulations. �x FV 3.3.1 b The City m ri A CD ay, dung the term of this Agreement, apply such newer m City Laws that are in force and effect£wiihin the jurisdiction of the City for the class of Subsequent Approvals being applied fob and wlW are not in conflict with the terms of this V M Agreement. The City may also modify,,' Ap livable LAW t the terms of this Agreement to N address a compelling public necessity legardngt„health°'and safety which was not known and could not have been known with the exercise oreasbnble,dingerieon the Effective Date and N that cannot reasonably be addressed by other meanssT 3.3.2 The Parties recognize that plan 1p and design considerations are rnnCt,)nPly PynhAnv nnrl ht_>incr mnrlPrni?Pvrl anr-1 thwt r1PVPlnrar�nt of the Urn;P�t.,, , fr^:':ti 0 time require updating of City regulations and standards in order to achieve the most desirable outcomes for the City from the Project. Accordingly, the City agrees that, in accordance with _ Section 3.11.1 below, it shall diligently and in good faith review and process to final action any proposals made by the Land Owner for such updating of City regulations and standards. a 3.4 Initiatives and Referenda. w a� 3.4.1 If any City Law is enacted or imposed by a citizen-sponsored s initiative or referendum, or by the City Council directly or indirectly in connection with any m proposed initiative or referendum, which City Law would conflict with this Agreement, such a City Law shall not apply to the Property. The Parties acknowledge, however, that the City's approval of this Agreement is a legislative action subject to referendum. 3.4.2 Without limiting the generality of any of the foregoing, no w moratorium imposed by the City affecting subdivision maps, building permits, processing of off- a site or on-site improvements, or any and all Subsequent Approvals shall apply to the Property. 9 1373\08\1 183096.19 12/4/2013 Packet Pg. 585 3.4.3 The timing, sequencing, and phasing of development within the Project shall be consistent with those timing, sequencing and phasing provisions specified in this Agreement, the City Approvals, and Applicable Law. 3.4.4 The City shall cooperate with Land Owner and shall undertake such actions as may be necessary to ensure this Agreement remains in full force and effect and that no `V conflicting enactments are imposed on the Property, except as otherwise authorized by this o Agreement. N 00 3.5 Compliance With Requirements of Other Governmental Entities. F- 3.5.1 During the Term, Land Owner shall comply with lawful requirements of, and obtain all permits and approvals required by, other local,regional, state and federal agencies having jurisdiction over Land Owner's activities in furtherance of this i Agreement. Land Owner shall pay all required fees when due to federal, state, regional, or other v local governmental agencies other than the City and acknowledges that City does not control the c amount of any such fees. v 3.5.2 C ty shah_ cooperate with Land Owner in Land Owner's effort to 4 obtain permits and approvals for the�Prolect from federal, state, regional, and other local governmental agencies ' jN CD � }CR � �M i 3.5.3 As pmvi de' tn-falifornza Government Code Section 65869.5, this Agreement shall not preclude the apply- tion td`the Property of changes in laws, regulations, plans, or policies to the extent that sh ckfaige are spedifioally mandated and required by I`` , r changes in state or federal laws or en,ulati6M,. n the_ event changes in the law prevent or M preclude compliance with one or more provisions ofthfi' lgreemerit phis Agreement shall be modified as may be necessary to comply with s c state or federal laws or regulations. The Parties shall meet and confer in good faith in order to determrnewhether such provisions of this ti Agreement shall be modified as may be necessary to compl} vith changes in the law, and City ' and Land Owner shall agree to such action as may be reasonably required. It is the intent of the Parties that any such modification be limited to that which is necessary and to preserve to the extent possible the Project consistent with Applicable Law. This Agreement shall remain in full force and effect to the extent it is not inconsistent with such changed laws or regulations. v Nothing in this Agreement shall preclude the City or Land Owner from contesting by any a available means (including administrative or judicial proceedings) the applicability to the u. Property of any such state or federal laws or regulations and/or such state or federal laws or d regulations themselves. E U 3.6 City's Police Power. The Parties acknowledge and agree that the limitations, a reservations, and exceptions contained in this Agreement are intended to reserve to the City that part of its police power which cannot be limited by contract, and this Agreement shall be construed to reserve to the City that part of its police power which cannot be restricted by E contract. Q 10 1373\08\1183096.19 12/4/2013 Packet Pg.586" 3.7 Subsequent Development Approvals for the Property. 3.7.1 Applications for Subsequent Approvals are anticipated to be submitted to the City by the Land Owner. The City shall diligently and in good faith process in a manner as expeditious as reasonably possible all applications for Subsequent Approvals filed by o Land Owner in accordance with the rights granted by this Agreement and by Applicable Law. In a no event shall such processing exceed the time periods set forth in any applicable state laws and o local ordinances or regulations, and any conditions or requirements imposed by the City in N connection with any such approvals or permits shall not conflict with Applicable Law or exceed o those typically imposed by the City in connection with similar approvals for other affordable housing development projects in the City. The foregoing requirements are subject to the Land Owner's applications for Subsequent Approvals being in proper form for submittal and processing, including all fees consistent with Section 3.11.3 below and all documents and a. information required by the City's generally applicable standards in effect at the time of submittal. U N d = 3.7.2 In connection with the City's commitment to diligent processing of Subsequent Approvals in Section"3 1,J.1 below, the City shall, with the concurrence of the Land Owner as to cost, engage consultdr..ts or assign City staff for the purpose of coordinating, facilitating, expeditin g ar dlor re di wince a plications by the Land Owner for Subsequent Approvals. If approved by the La dpO ner th;✓Land Owner shall bear the cost of compensation of such specially assigned` ons�il'tants and ssaf and agy other City expenses associated with such persons, except as otherwise provided lYerdin. Tho¢co�nsultants and staff assigned to the Project o shall at all times be persons haver a level of t><fiimng and q'grience commensurate with the size M and complexity of the Project and the d v er.9 it of furths��e(x approvals and permits required for the do-• na", w Ch Project. °tip` A z N 3.7.3 With the City Apprdva-s, the City hamade a final policy decision r that the development of the Property is consistent with the Czty Approvals and is in the best r interests of the City's public health, safety, and general welfare Accordingly, the City shall not o use its authority in considering any application for a Subsequent Approval that is consistent with the City Approvals to change the policy decisions reflected by the City Approvals. Nothing herein shall limit the ability of the City to require the necessary reports, analyses, or studies to assist in determining whether the requested Subsequent Approvals are consistent with Applicable U Law and this Agreement. The City's review of the Subsequent Approvals shall be consistent with a this Agreement, including, without Iimitation, Sections 3.2, 3.7, and 3.11.1 of this Agreement. To the extent consistent with CEQA and NEPA, as determined by the City in its reasonable discretion, the City shall utilize the MND and FONSI to review the environmental effects of t Subsequent Approvals and shall not require additional environmental review pursuant to CEQA and NEPA except as may be mandated by state or federal law as provided in Section 3.5.3 above. Q w 3.7.4 Notwithstanding the above, as required by Government Code Section 65867.5, any and all tentative maps prepared for a subdivision of the Property shall comply with the provisions of Government Code Section 66473.7, if applicable, and shall be r extended from time to time as required by Government Code Section 66452.6. Q 3.8 Life of City Approvals and Subsequent Approvals. If any City Approval or Subsequent Approval shall expire, Land Owner shall retain all vested rights contained in this I1 1373\08\1 183096.19 12/4/20 13 Packet Pg. 587 I Agreement and shall be entitled to re-approval of the City Approvals and Subsequent Approvals consistent with Applicable Law. 3.9 Timing of Development. The Parties acknowledge that development of the C14 Project will be affected by numerous factors outside the control of the Land Owner, e.g., general o economic conditions, interest rates and market demand. Accordingly, the Parties hereby acknowledge and agree that the Land Owner may develop the Property in such order and at such o rate and times as are appropriate within the Land Owner's business judgment, subject to C4 compliance by the Land Owner with the City Approvals and such other conditions and co requirements imposed by the City and not in conflict with this Agreement. 3.10 Land Owner Obligations. M T T 3.10.1 As a material consideration for the long term assurances, vested rights, and other City obligations provided by this Agreement, and as a material inducement to v City to enter into this Agreement, Land Owner has offered and agreed to provide public c improvements to the City as seti forth in the City Approvals and has further agreed to comply -Ea with all of its obligations under,,`tMAgreement, including, in particular, the obligations set forth A in this Section 3.10. 3.10.2 6V Prior th`theft`ssuance of the first building permit for the Project, Land a; Owner shall submit a fK- phasing�plan to the City which shall specify the order in which the phases shall be built and lhich koad >throvement required by the City Approvals shall be c completed as part of each phaseif opment" EMY A ) nd Owner shall substantially complete any required improvements to Baseli ne Street, ateman At!enue, Qltve Street, and La Junita Street prior to final inspection of the first um i9e t°^i C S WI ng phase of development or shall post adequate security to ensure completion within �0�daysAfte1 L40 Owner has improved La °ry Junita Street to public street standards, City herebyagreesfto accept the dedication of La Junita r Cq >. Street from Land Owner. 0 3.11 City Obligations. 3.11.1 Diligent Processing of Subsequent Approvals. City staff shall a. t___a_. i u a I- diligently a rn diligently process in good faith all Subsequent Approvals and „ approve or recommend approval or conditional approval to the Planning Commission and City Council of the a Subsequent Approvals if, as determined by the City in its reasonable discretion, the Subsequent Approvals comply with Applicable Law, CEQA, NEPA and other relevant state and federal laws = and regulations. E U 3.11.2 Provision of Density Bonus and Concessions. Under the Density Bonus Law, the Project is entitled to receive a density bonus of up to thirty-five percent (35%), three concessions and incentives, waivers, and parking concessions, all as defined in the Density Bonus Law. Land Owner has applied for a density bonus of twenty-five percent (25%) for the s Project pursuant to City Municipal Code Section 19.04.030(2)(D) (the "Density Bonus Ordinance") and the Density Bonus Law. Developer is also providing Senior Units which are a allowed a fifty percent (50%) density increase pursuant to City Municipal Code Section 19.04.010(2)(E). City has approved the requested density bonuses, concessions, and incentives as shown in Exhibit B and incorporated herein by this reference. 12 1373\08\1183096.19 12/412013 Packet Pg. 588 3.11.3 Fees and Fee Credits. The Parties recognize that fees which may be imposed by the City ("City Fees") upon the Project fall within two categories (i) fees for processing applications for City actions or approvals ("Processing Fees"); and (ii) fees or other monetary exactions which are intended to defray the costs of public facilities related to development projects (e.g. parks, streets, utilities, including sewer and water connection fees, and traffic controls) ("Impact Fees"). a 0 (a) Processing Fees. For a ten (i0)-year period commencing upon the N Effective Date, the City shall charge Processing Fees against the Project based upon the 0000 P processing fees in effect on the Effective Date of this Agreement, except that the Land Owner shall reimburse the City for actual consultant costs required to process Subsequent Approvals. A t list of the categories and amounts of Processing Fees in effect as of the Effective Date of this Agreement is attached hereto as Exhibit C (the "Current Processing Fee Schedule"). After the ten r (10)-year period, the City may charge those reasonably justified Processing Fees which are in force and effect within the jurisdiction of the City for the broadly based class of Subsequent Approvals being applied for. _ a� (b) Impact,:Fees. 0 �' (i) Wthin each phase of development, City may impose Impact Fees only for ineCRased demAeloptnent tffithin that phase. Land Owner shall pay no Impact Fees for development t is zeplaces ss ing Dwelling Units or existing square footage for non- residential structures within t at phase Tie Lana"owner may defer payment of Impact Fees imposed on each structure until the late-to occur of the foil,ing for that structure: the time of the City's release of utility meters or nal......, s,ec,�on of any public facilities constructed by Land Owner which are included in any c trent Impact "be list such�lfees shall be credited in lieu by City. The amount of the credit shall be limited"to tl 6 amount of cost estimated for the °ry improvements as identified in the associated fee"study (the "Fee study") regardless of the actual r cost. The amount of the credit shall not exceed the amount 01 e respective fee in question for r which credit is sought. In the event that only a portion of a facility identified in the Fee Study is 0 constructed, the credit amount will be a prorated amount t1i reflects the appropriate portion of the estimated cost of the facility as identified in the Fee Study as determined by the Director of Public Works. m (ii) Sewer Connection Fees. Notwithstanding any contrary a provisions of Section 3.11.3(b)(i) above, Land Owner shall pay sewer connection fees for a structure prior to final inspection of that structure; provided, however, that Land Owner shall CD only pay sewer connection fees for units developed in each phase in excess of the Existing E Dwelling Units in that phase. The number of Existing Dwelling Units shall be calculated for each phase, such that at project completion, the City shall credit Land Owner for sewer connection Q fees for all of the Project's Existing Dwelling Units in accordance with City Municipal Code r Section 13.08.055B and the City Approvals. a0i E (iii) For a ten (10)-year period commencing upon the Effective Date, the City shall charge Impact Fees against the Project based upon the processing fees in Q effect on the Effective Date of this Agreement. A list of the categories and amounts of Impact Fees in effect as of the Effective Date of this Agreement is attached hereto as Exhibit D (the "Current Impact Fee Schedule"). After the ten (10)-year period, the City may charge those 13 1373\08\1 183096.19 12/4/2013 Packet Pg.58,9... Impact Fees which are in force and effect within the jurisdiction of the City for the broadly based type of development being applied for. (c) Fee Categories. The City shall not impose upon the Project any N categories of fees or other monetary exactions which are not included within (i) the Processing 9 Fees as those categories exist as of the date of this Agreement, or (ii) the Impact Fees as those a categories exist on the Effective Date of this Agreement, unless required by state or federal law o or regulations. co 3.12 Mutual Obligations of the Parties. City has agreed to provide Land Owner with the long term assurances, vested rights, and other City obligations described in this Agreement, including, in particular, those City obligations described in this Article III, in consideration for r the Land Owner's obligations contained in this Agreement, including, in particular, those Land a. Owner obligations described in this Article III. Land Owner has agreed to provide City with the Land Owner obligations described in this Agreement, including, in particular, those Land Owner obligations described in this Article III, in consideration for the City's obligations contained in = this Agreement, including. in particular, those City obligations described in this Article III. -a ARTICLE IV `c E AMENDMENT, CANCELL�AT,ION,AND TERMINATION OF AGREEMENT CD q fi s cc 4.1 Amendme Cancellation Procedt`re. This Agreement may be voluntarily terminated in whole or in part`-or anxended 13y the mutual consent of the Parties or their CD successors in interest. In accordance with eNSumcipal Code Chapter 19.40, the procedure for N z ; amendments shall be a tiered review procedure as follo. s, Cl) wV A01 N'171: r 4.1.1 Amendment of City Approvals. To the extent permitted by local, T state, and federal law, any City Approval may from time to time, be amended or modified by N submittal of an application from the Land Owner and following the procedures for such amendment or modification contained in the San Bernardino Municipal Code. Upon any approval of such an amendment or modification, the amendment or modification to the City W Approval shall automatically be deemed to be incorporated into the Applicable Law and into the pro visions of this Agreement without any further requirement to amend this Agreement. sn V eZ 4.1.2 Other Amendments. Any other cancellation or amendment of this Agreement may be made only upon compliance with the provisions of Government Code Section 65858 and those procedures prescribed in Chapter 19.40 of the San Bernardino E Municipal Code for entering into a new development agreement, including, but not limited to, public hearings before the San Bernardino Planning Commission and City Council and adoption w of the amendment or cancellation by resolution. `t d 4.2 Recordation of Amendment or Cancellation. The City Clerk shall record any E amendment or cancellation with the San Bernardino County Recorder not later than ten (10) days after the effective date of the action effecting such amendment or cancellation, accompanied by a a legal description of the Property. 14 1373\08\1 193096.19 12/4/2013 Packet Pg.590 4.3 Amendments to Development Agreement Legislation. This Agreement has been entered into in reliance upon the provisions of the Development Agreement Law, as those provisions existed at the date of execution of this Agreement. No amendment or addition to the Development Agreement Law which would materially affect the substantive provisions of this Agreement or the interpretation or enforceability of this Agreement shall be applicable to this N Agreement unless such amendment or addition is specifically required by the California State a Legislature, or is mandated by a court of competent jurisdiction. If such amendment or change is o permissive (as opposed to mandatory), this Agreement shall not be affected unless the Parties co mutually agree in writing to amend this Agreement to permit such applicability. 00 cT G ARTICLE V r ANNUAL REVIEW a 5.1 Annual Review. This Agreement shall be subject to annual review, pursuant to v California Government Code Section 65865.1. Within thirty (30) calendar days following each anniversary of Effective Date of this Agreement, the Land Owner shall submit to the City Manager written documentattori'I 6m. onstrating good-faith compliance with the terms of this Agreement ("Annual Report"� FaMe b� the Land Owner to submit the Annual Report in a _ timely manner shall not itself constituto'O' keach of this Agreement, unless the City has first E given the Land Owner a yminlm.6, o thirt}�(30) calendar days' written notice and the Land Owner fails to submit the�Annua Report wit"in thirty (30) calendar days after receipt of such f° written notice. ..'..} V 1. .N j Q 5.2 Contents of Report Thy Annual RepoLe," 'Many supporting documents shall 2! F r, describe (i) any Subsequent Approvals` htch ha bee issued or 6K which application has been r made and (ii) any development or constructiol�actl�l j��which h;A§ commenced or has been a k a completed since the recording date or the date of�=t e precedm&lfnnual review. The City shall r review all the information contained in such report in determinzrig the Land Owner's good faith r compliance with this Agreement. c Q. 5.3 Waiver. The City does not waive any claim of defect in performance by the Land Owner if, at the time of an annual review, the City does not propose immediately to exercise its remedies hereunder. However, in the event that the City, following receipt of the Annual Report c" for any year, fails to review the information contained therein and/or to determine the Land a Owner's good faith compliance with this Agreement within ninety (90) calendar days following 1; the date of such receipt, the Land Owner shall be deemed to be in good faith compliance with c regard to the period covered by that Annual Report. E s w Q c a� E U R w w Q 15 1373\08\1183096.19 12/4/2013 .Packet Pg.591' ' ARTICLE VI DEFAULT,REMEDIES,AND TERMINATION 6.1 Default. A Party's violation of any material term of this Agreement or failure by any Party to perform any material obligation of this Agreement shall constitute a default c N ("Default"). `- Q 0 6.2 Remedies for Default. City and Land Owner acknowledge that the purpose of this N Agreement is to carry out the Parties' objectives as set forth in the recitals. City and Land Owner o agree that to determine a sum of money which would adequately compensate either Party for choices they have made which would be foreclosed should the Property not be developed as contemplated by this Agreement is not possible and that damages would not be an adequate remedy. Therefore, City and Land Owner agree that in the event of a breach of this Agreement, a the only remedies available to the non-breaching Party shall be: (a) suits for specific performance to remedy a specific breach, (b) suits for declaratory or injunctive relief, (c) suits for mandamus under Code of Civil Procedure Section 1085, or special writs, and (d) termination or cancellation c of this Agreement. Except for,attorneys' fees and costs as set forth in Section 11.3 below, z monetary damages shall not b aW114ded to either Party. This exclusion on damages is limited to a breach of this Agreement'and shall not preclude actions by a Party to enforce payments of = monies due or the performance of obligaii-ftgequiring the expenditures of money under Section E 3.10 of this Agreemento"All of t .e y s shall be cumulative and not exclusive of one another, and the exercise oan} on c�� noreof these remedies shall not constitute a waiver or election with respect to any otherr avaialIe remedy. Any legal action by a Party alleging a M Default must be filed within 61nety j!90) days from,date, of declaring such default (the o } ' 3 N "Declaration of Default") as contain v n t ice f Default as defined below and after following the procedures in Section 6.3elow. i , ;rd tl kY=�`y 4 Uzi._ N r rk' . 6.3 Notice and Procedure Re ardin S. � 6.3.1 Default by Land Owner. The Lkand Owner shall be deemed in o CL Default of the terms of this Agreement if a finding is made' the City Manager, upon the basis of substantial evidence, that the Land Owner has not complied with one or more of the material terms or conditions of this Agreement. A default on the part of an Assignee, as defined below, after an Assignment in conformance with all provisions of Section 8.2 below shall not constitute a Default of this Agreement by the Land Owner for those obligations under this Agreement that have been assigned to the Assignee. �- (a) If the City Manager believes the Land Owner to be in Default of E this Agreement, the City Manager or his or her designee shall make a Declaration of Default by 0 giving the Land Owner thirty (30) calendar days' written notice specifying the nature of the a alleged Default (the "Notice of Default") and, when appropriate, the manner in which the Default ;r may be satisfactorily cured. Failure or delay in giving the Notice of Default shall not constitute a waiver of such violation. (b) The Land Owner may appeal a Declaration of Default by filing a Q notice of appeal with the City Clerk within the thirty (30) calendar day cure period described in the preceding paragraph. The Land Owner's appeal shall be placed on the agenda of the next regularly scheduled meeting of the City Council, which shall be an open meeting but not a public 9 16 1373\08\1183096.19 12i4i2013 Packet Pg.592 hearing. If the City Council finds that a Default has occurred and is continuing, the Land Owner shall be given sixty (60) calendar days within which to cure such Default; provided that such time period may be extended by the City Manager for a period not to exceed 180 calendar days, upon a determination that the Land Owner is engaged in making good faith efforts to cure the Default. At the next City Council meeting following expiration of the period allowed by the City ° N Council for curing the Default, or any extension thereof, the City Council shall set forth by a motion or resolution its determination as to (i) the continuation of the Default and (ii) any action o to be taken, which action may include amendment or termination of this Agreement. Any action "Nro' to terminate shall be in the form of a resolution supported by written findings and be in °r° compliance with Section 4.1 above. (c) After proper notice and expiration of the cure period without r appeal, cure, or commencement of substantial effort toward a cure by the Land Owner, the City may take unilateral action by adoption of a resolution with written findings to terminate or amend this Agreement. c 6.3.2 Default by City. The City shall be deemed in Default of the terms of ca this Agreement upon failure o"',. City to carry out any of its obligations hereunder. Ca (a) `If the,,"2Land,Owner believes the City to be in Default of this Agreement, the Land Owner promptly�shall make a Declaration of Default by filing a Notice of ar Default with the City Manager setting• oath tbd. rounds upon which a Default is claimed, facts in support of such grounds, aff heFmeans through which such Default may be cured. The City CD shall have thirty (30) calendar days foflowmg'theft, ate ofreceipt of a Notice of Default from R la Land Owner within which to take act bml 6;den theg c�urft,cure the Default, or undertake =' substantial action toward the cure. `� k. c OW a: } N (b) If the action of the fly is unsatisfactory to the Land Owner, the Land Owner may make an appeal to the City Council, provided that, within ten (10) days following the date of receipt of the notice of denial of tie claim, or within ten (10) days o following the date of expiration of the cure period described in the preceding paragraph, whichever occurs first, the Land Owner files with the City Clerk a notice of appeal to the City Council. The City Council thereafter shall consider this matter on the agenda of its next regularly ca scheduled meeting, which shall be an open meeting but not a public hearing, at which the Land V) Owner may present information regarding the alleged violation. Based upon the information presented by the Land Owner, the City Council shall make a determination as to whether the u. City is in Default of this Agreement, as alleged by the Land Owner. c E s ARTICLE VII ESTOPPEL CERTIFICATE a u c Either Party may, at any time, and from time to time, deliver written notice to the other E Party requesting such Party to certify in writing that, to the knowledge of the certifying Party, (a) this Agreement is in full force and effect and is a binding obligation of the Parties, (b) this Q Agreement has not been amended or modified or, if so amended or modified, identifying the amendments or modifications, and (c) the requesting Party is not in Default in the performance of its obligations under this Agreement, or if in Default, to describe the nature of any Default(s). t 17 1373\08\1 183096.19 12/4/2013 Packet Pg._593 � n 6Bh The Party receiving a request under this Article VII shall execute and return the certificate within thirty (30) days following receipt of the request. The City Manager is hereby authorized to execute on behalf of the City any certificate requested by Land Owner. Land Owner and the City acknowledge that a certificate hereunder may be relied upon by transferees and Mortgagees. c: 0 N V_ ARTICLE VIII Q 1 TRANSFERS,ASSIGNMENTS 04 00 8.1 Agreement Runs With the Land. E- 8.1.1 This Agreement and all of its provisions, agreements, rights, powers, standards, terms, covenants and obligations shall be binding upon the Parties and their respective heirs, successors (by merger, consolidation, or otherwise) and assigns, devisees, administrators, representatives, lessees, and all other persons or entities acquiring the Property or any portion thereof, or any interest therein, whether by sale, operation of law, or in any manner whatsoever, and shall inure to the benefit o�jhe Parties and their respective heirs, successors (by merger, consolidation or otherwise) and a ins. Y _ 8.1.2 ",,,All of the provisions of this Agreement shall be enforceable during £ the Term as equitable servitudes aril constitute:covenants running with the land pursuant to law applicable to such servitudes ancf co pants, nccluding, but not limited to, Section 1468 of the Civil Code of the State of Califorraa`�Each covenai�h t do or refrain from doing some act on the Property hereunder (a) is for the�benefit�of the P>op'erty and_is a burden upon the Property, (b) runs with the Property, and (c) is binding upon Land Owner at>d each successive owner during its ownership of the Property or any`portion`t hereof `,and each person or entity having any a interest in the Property. Every person who now or hereafter owns ,or acquires any right, title or �, interest in or to any portion of the Propertyisnd shall be 6ncIusively deemed to have r consented and agreed to every provision contained herein, whether or not any reference to this r Agreement is contained in the instrument by which such person acquired an interest in the o Property. d w 8.2 Right to Assign. a 8.2.1 The Land Owner may assign its rights and obligations hereunder to a any other person or entity ("Assignee"), at any time during the term of this Agreement, provided LL that: +' c 1 E (a) (i) such assignment shall occur in connection with sale, hypothecation or other transfer of a legal or equitable interest in the Property or a portion thereof, including any foreclosure of a mortgage or deed of trust or a deed in lieu of foreclosure, or in connection with Q formation of a new entity which is the assignee and in which the Land Owner is a partner, _ member or other form of co-owner, or (ii) such assignment results from the formation, by Land E Owner, of a new legal entity, in which Land Owner has an interest, which will own all or a R portion of the Property; and a (b) the Assignee demonstrates the following, to the reasonable satisfaction of the City Manager: (i) the ability to perform or secure any public improvement obligations i 18 1373\08\1183096.19 12/4/2013 Packet Pg.594 required by the City in connection with the Project or other interest being transferred, as identified in the conditions of approval or elsewhere in the City Approvals; (ii) the financial capabilities to meet the obligations of this Agreement as they relate to that portion of the Project assigned to Assignee; and (iii) its expertise in managing projects similar in size to the Project or other interest being assigned. The City shall give the Land Owner written notice of its satisfaction or dissatisfaction with the proposed Assignee within thirty (30) calendar days of a receipt by the City of the information the City requires pursuant to this Section. The City's failure o to timely communicate to Land Owner its approval or disapproval shall result in City being deemed to have approved. The City shall, to the extent permitted by law, treat all such co information as confidential and proprietary, to be made available solely to City officials and staff F- required to review it in order to carry out the purposes of this paragraph. Cl) T 8.22 The Land Owner shall give the City notice of any such assignment, r and the Assignee shall provide the City with notice acknowledging its acceptance of its � obligations hereunder as a successor in interest to the Land Owner. Upon such assignment, the acceptance thereof by the Assignee and provision of the required notices to the City by both the e Land Owner and the Assignee, the Land Owner shall be relieved of its rights and obligations a hereunder to the extent that such rt W and obligations have been specifically transferred to and Wyk g ,. accepted by the Assignee. Only upon compliance with all of conditions set forth in this Section 8.2 shall there be an assign ent hereundef(the,"Assignment"). �r V 8.2.3 Ea.c, Assignee ac'uirmg;all or any portion of the Property, and thus y becoming an Assignee of the r i g h t s al d`obli atiftg in this Agreement to the extent of such c property acquisition, shall be enf fled to ach acid all of thd` rghts, and be subject to each and all � of the conditions and obligations, set fortt> r andestablished by, the City Approvals. Subsequent to an Assignment under th s Section $.2, xeferen6K5--n this Agreement to "Land Owner" shall mean and refer, instead, to the Assigne=e as%ch iefadded's pertain to a portion of the Project acquired by the Assignee. Y $` ' .t``.`�;¢�` P 8.2.4 Upon Assignment and approval of that Assignment as provided in o CL Section 8.2.1 above, such Assignee shall be entitled to all of"ibe rights and be subject to all of the obligations as set forth in this Agreement, as such rights and obligations apply specifically, either wholly or pro-rata, to that portion of the Project to which Assignee has acquired an interest as the result of such Assignment. Such rights and obligations shall include, by way of example only, the obligations concerning Impact Fees and the rights concerning waivers and refunds, each and all as they apply to that portion of the Project so assigned. Any default by the Land Owner in the LL terms or conditions of this Agreement or in the City Approvals, existing at the time of CD assignment of any of its rights and obligations hereunder, shall remain the obligation of the Land E Owner, unless the Assignee expressly accepts such obligation and the City expressly approves the assignment of such obligation. Any default by the Assignee in the terms or conditions of this Q Agreement or in the City Approvals, occurring after the time of assignment of any rights and c obligations of the Land Owner to the Assignee, shall be solely the responsibility of that Assignee, and shall not be deemed to be a default by either the Land Owner or any other Assignee and shall not affect the rights occurring to any other portion of the Property pursuant to this Agreement or the City Approvals. a 8.3 Release Upon Sale or Completion of Development. At such time as: (a) any single dwelling unit is sold to an individual homebuyer member of the general public; or (b) within a 19 1373\08\1183096.19 12/4/2013 Packet Pg.595 single phase, as described in Section 3.10.2, all on-site and off-site construction is completed in compliance with the City Approvals, and the final inspection or its equivalent is approved by the City for all structures within that phase, then such individual dwelling unit or phase, as applicable, shall be deemed released from all of the restrictions and obligations of this Agreement and shall thereafter be forever conveyed free and clear of the provisions and 9 N obligations contained in this Agreement. The release of any dwelling unit or phase, as applicable, a from the restrictions of this Agreement shall not otherwise amend, modify, invalidate, release, or o terminate the rights and obligations of the Land Owner or any Assignee under this Agreement as co to the remainder of the Property subject to this Agreement and not deemed released in co accordance with the first sentence of this Section 8.3. If reasonably required, the Parties shall execute such further assurances as may be necessary to confirm the release and termination of M the restrictions contained in this Agreement T r n. ARTICLE IX v MORTGAGEE PROTECTION 9.1 Mortgage Proteefioi,Jhis Agreement shall be superior and senior to any lien fF. �4 placed upon the Property or�any portion of the Property after the date of recording of this Agreement, including the lien of and de.`edtof trust or mortgage ("Mortgage"). Notwithstanding E the foregoing, no breach of this t 9 1 defeat, render invalid, diminish, or impair the Y 7 lien of any Mortgage iiRde za good faith acid for value, but all of the terms and conditions contained in this Agreement (zncludmg,SSbtl not lmitted to, City's remedies to terminate the rights yr- 7' x d a t of Land Owner (and its successors t d assf NY under ;this Agreement, to terminate this a) Agreement, and to seek other relief asn'roV did,irNhi&,,Agreement) shall be binding upon and effective against any person or entity tnclud n any...deed of §L.beneficiary or mortgagee r ("Mortgagee") who acquires title to the Property, oruan�y portion thereofby foreclosure, trustee's ry sale, deed in lieu of foreclosure, or otherwise. ;_ x''_ �}I T 9.2 Mortgagee Not Obli ag ted. Notwithstanding th "provisions of Section 9.1 above, no Mortgagee shall have any obligation or duty under this 1Agreement to construct or complete the construction of improvements on the Property, or to guarantee such construction or completion; provided, however, that a Mortgagee shall not be entitled to devote the Property to any uses or to construct any improvements on the Property other than those uses or CID improvements provided for or authorized by this Agreement, or otherwise under Applicable a Law. u- c 9.3 Notice of Default to Mortgagee. If City receives a written notice from a E Mortgagee, Land Owner or any approved assignee requesting a copy of any Notice of Default given Land Owner or any approved or permitted assignee and specifying the address for service, Q then City shall deliver to the Mortgagee at Mortgagee's cost (or Land Owner's cost), concurrently with service to Land Owner, any notice given to Land Owner with respect to any claim by City d the Land Owner is in Default under this Agreement, and if City issues a Declaration of Default, _ City shall, if so requested by the Mortgagee, likewise serve at Mortgagee's cost(or Land Owner's cost) notice on the Mortgagee concurrently with service on Land Owner. Each Mortgagee shall Q have the right, but not the obligation, during the same period available to Land Owner to cure or remedy, or to commence to cure or remedy, the event of Default claimed in the Notice of Default 20 1373\08\1183096.19 12/4/2013 Packet Pg.596. or Declaration of Default, and City will accept such cure or remedy as though performed by Land Owner. 9.4 No Supersedure. Nothing in this Article IX shall be deemed to supersede or release a Mortgagee or modify a Mortgagee's obligations under any subdivision improvement agreement or other obligation incurred with respect to the Property outside this Agreement, nor Q shall any provision of this Article IX constitute an obligation of City to the Mortgagee, except as o to the notice requirements of Section 9.3 above. N 00 co 9.5 Mortgagee Protection. The Parties hereto agree that this Agreement shall not prevent or limit the Land Owner, in any manner, at Land Owner's sole discretion, from encumbering the Property or any portion thereof or any improvements thereon by any mortgage, deed of trust or other security device. The City acknowledges that the lender(s) providing such financing may require certain interpretations and modifications to this Agreement and agrees, upon request, from time to time, to meet with the Land Owner and representatives of such v lender(s) to negotiate in good faith any such request for interpretation or modification. The City c will not unreasonably withhold, ts consent to any such requested interpretation or modification IM1* provided such interpretation of mrdification is consistent with the. intent and purposes of this Agreement. Any mortgagee o'a mogagew,or a beneficiary of a deed of trust or any successor or c assign thereof, including, )y5thout hriutat on the purchaser at a judicial or non-judicial foreclosure E sale or a person or enllty whop obtains titl' deed-in-lieu of foreclosure (also deemed a Mortgagee) on the Prop ett shall fbe,eri` led tp the following rights and privileges. R ­6 o r yz?* M ART�XCL+ X ".4-NOTES M mu o 10.1 Notices. Notices, demands, torte podence and communications between City and Land Owner shall be sufficiently given if: (a) personally delivered; (b) dispatched by next day delivery by a reputable carrier such as Federal Express-,, DHL to the offices of City and r T _._� ll__..__.. :._J:__.__l 1. _1_. . 1 t A r AV,- . . . Laud vwuci iuuiCated uGiuW, piuviUCU LnaL a receipL for delivery is provided; or �c) sent by Q. registered or certified mail, or express mail,return receipt requested, with postage prepaid. c>s city. to City Manager a City of San Bernardino 300 North "D" Street, 6`h Floor San Bernardino, California 92418 With copy to: a City Attorney Q City of San Bernardino 300 North "D" Street, 61h Floor = San Bernardino, California 92418 CU w a 21 1373\08\1183096.19 12/4/2013 Packet Pg.597 Land Owner: Executive Director Housing Authority of the County of San Bernardino 715 East Brier Drive N San Bernardino, California 92408 ° N r Q With Copy to: o� Goldfarb & Lipman LLP � 1300 Clay Street, Eleventh Floor Oakland, CA 94612 Attn: Barbara Kautz ~ Cl) r Any Party may change its mailing address at any time by giving written notice of such change to a the other Partv in the manner provided herein at least ten (10) days prior to the date such change v is effective. All notices under this Agreement shall be deemed given and received on the earlier of the date personal delivery is made or on the delivery date or attempted delivery date shown on the return receipt or air bill. Counsel for a Party may provide notice for each Party with the same force and effect as if notice wgre giv�en by the Party. E ART?fCLE XI C LLANEOUS 11.1 Third-Party LegahCT balle Qe. x o 40 ; 11.1.1 Actions of, Par I'll In.the event oany legal action, claim, or M proceeding instituted by a third party challe' gil i it of«any provision of this c°y Agreement, the City Approvals, or the Subseque t-V provals ("T `rd Party Challenge"), the City r shall actively defend against any such action or proceedin -.4 cluding taking all reasonable measures to protect the enforceability of the Agreement. TheNil Owner shall pay all actual, ' reasonable legal expenses associated with such defense. TheParties shall cooperate in defending C against any such challenge. The City shall consult regularly with the Land Owner regarding such defense and shall notify the Land Owner of any significant developments relating to the action or proceeding. During the entire course of any such challenge, including any review up to a court of c" final jurisdiction, this Agreement shall remain in full force and effect. Under no circumstances 0. shall Land Owner be required to pay or perform any settlement arising out of a Third Party iL Challenge unless the settlement is expressly approved by Land Owner. E 11.1.2 Invalidity. If any part of this Agreement is held by a court of competent jurisdiction to be invalid or unlawful as the result of a Third Party Challenge, the Q Parties shall use their best efforts to cure any inadequacies or deficiencies identified by the court r in a manner consistent with the express and implied intent of this Agreement, and then to adopt 4) or re-enact such part of this Agreement as necessary or desirable to permit implementation of = this Agreement. Q 11.2 Bankruptcy. The obligations of this Agreement shall not be dischargeable in bankruptcy. 22 1373\08\1183096.19 12/4/2013 Packet Pg:,599 i.,4� 11.3 Applicable Law/Venue/Attorneys' Fees and Costs. This Agreement shall be construed and enforced in accordance with the laws of the State of California. Any legal actions under this Agreement shall be brought only in the Superior Court of the County of San Bernardino, State of California. Should any legal action or arbitration be brought by either Party because of breach of this Agreement or to enforce any provision of this Agreement, the N prevailing Party shall be entitled to reasonable attorneys' fees and such other costs as may be a found by the court, including without limitation costs and fees that may be incurred on appeal. o The costs, salary, and expenses of the City Attorney and members of his office in connection with that action shall be considered as "attorneys'fees" for the purpose of this Agreement. co 11.4 Further Assurances. Each Party covenants, on behalf of itself and its successors, �- heirs, and assigns, to take all actions and do all things, and to execute, with acknowledgment or affidavit if required, any and all documents and writings that may be necessary or proper to n achieve the purposes and objectives of this Agreement. U 11.5 Severability. Except as otherwise provided herein, if any provision of this = Agreement, or the application of�this Agreement to any person or entity, be held invalid or � unenforceable, the remainder o� his Agreement, or its application to persons or entities, shall not be affected except as necessarily re faired,by the determination of invalidity, and each term of c this Agreement shall be valid and enforced bo the fullest extent permitted by law unless amended or modified by mutual d,resent;gf"the altles; except if the effect of such a determination of CU invalidity is to deprave a Patty o arvs ntta7 benef t:of its bargain under this Agreement, then the Party so deprived shall have,the option to teerin"nate this entire Agreement based on such c determination. /1,0 a' * 11.6 Nondiscrimination. Lancj`" ?caner ca�enai rs by andf� tself and any successors in interest that there shall be no discrimination aga>nsr'segregationany person or group of °ry persons on account of race, color, creed, religior�, sx, marital stafs, ancestry, or national origin N. in the development of the Property in furtherance of this Agreement. The foregoing covenant shall run with the land. o r,� a a� 11.7 Land Owner Right to Rebuild. City agrees that Land Owner may renovate or rebuild a development located on the Property within the Term of this Agreement should it Uccor e necessary due to natural disaster. Any such renovation or rebuilding shall comply with the Applicable Law and this Agreement. a u_ 11.8 Headings. Section headings in this Agreement are for convenience only and are c not intended to be used in interpreting or construing the terms, covenants, or conditions of this m Agreement. 11.9 Agreement is Entire Understanding. This Agreement is executed in one original, which constitutes the entire understanding and agreement of the Parties with respect to the subject platter hereof. Except as otherwise specified in this Agreement, any prior E correspondence, memoranda, agreements, warranties, or representations are superseded in total by this Agreement. a l 1.10 Interpretation. Each Party to this Agreement has had an opportunity to review the Agreement, confer with legal counsel regarding the meaning of the Agreement, and negotiate 23 1373\08\1183096.19 12/4/2013 Packet P .5I revisions to the Agreement. Accordingly, neither Party shall rely upon Civil Code Section 1654 in order to interpret any uncertainty in the meaning of the Agreement. 11.11 Recordation of Termination. Upon termination of this Agreement, a written statement acknowledging such termination shall be executed by Land Owner and City and shall CO.' be recorded by City in the Official Records of San Bernardino County, California. V- 11.12 Signature Pages-, Execution in Counterparts. For convenience, the signatures of the Parties to this Agreement may be executed and acknowledged on separate pages in 00 P counterparts which, when attached to this Agreement, shall constitute this as one complete Agreement. ~ M r [Signatttt•es on the Following Page] a CDN C y c L { yr` za s �^ r n. N T R U Q. U— C CD E t v c� .r a w E U t>3 w r.. Q i 24 1373\08\1183096.19 12/4/2013 Packet Pg.600 '�I�n1f�1114Rirn.. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. CITY OF SAN BERNARDINO, HOUSING AUTHORITY OF THE COUNTY o a municipal corporation and charter city OF SAN BERNARDINO, a public body, Q corporate and politic o N co 00 P By. By. Alan J. Parker, City Manager Daniel J. Nackerman, President/CEO �- • M r Dated: Dated: a V! C ATTEST: By: i -. h ,s s„T Georgeann Hanna;City 06&A' w t C Dated: �•. Anx It Zl APPROVED AS TO FORM: r 3 T Cli p Q. By: Gary D. Saenz, City Attorney c,s Dated: C.) Q U- a� E s U w w Q C d E t U <4 w Q 25 1373\08\1183096.19 12/4/2013 Packet Pg..601' STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) 0 Q On before me, o Notary Public, personally appeared , who proved co to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to t° the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the M person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. r r I certify UNDER PENALTY OF PERJURY under the laws of the State of v California that the foregoing paragraph is true and correct. N C WITNESS my hand and official seal. ya x M c . " E /w Notax Public CD Cq a STATE OF CALIFORNIA � 4 10 ANN COUNTY OF SAN BERNARDINO On before me, Notary Public, personally appeared who proved $. CL me on the basis of satisfactory evidence to be the person(s) whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in R 1:�/L /th o;• authorized \ that he P /t e r ci n.fi P P i P n ui��uer�uii ii nutit0'iiZeu CapaCity(ieSJ, and cliut v� h1S/h,rt th 1, ,.g.,a�ar.(S) 011 the .I1StrLi111ent th. person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Q u_ I certify UNDER PENALTY OF PERJURY under the laws of the State of c California that the foregoing paragraph is true and correct. E r WITNESS my hand and official seal. Q c m E s Notary Public Q 26 1373\08\1 183096.19 12/4/2013 Packet Pg.602' EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY 0 e N r Q 0 All that property in the City of San Bernardino, County of San Bernardino, further described as: c„ 00 00 Real property in the San Bernard!noCounty of San Bernardino, State of California, described as M follows: r PARCEL A: (APN: 0147-211-01-0-000 THROUGH 0147-211-04-0-000) a LOTS 11, 12, 13 AND 14,IN BLOCK 42, RANCHO SAN BERNARDINO,IN THE COUNTY OF SAN v BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 2 n RECORDS OF SAID COUNTY. a0i n v EXCEPTING THEREFROM A PARCEL 15Q:TEET BY 150 FEET IN THE NORTHWEST CORNER OF LOT 11; AND THE EAST 300 FEET OF LOT 14 s? r r Sw,rT! 4. L PARCEL B: (APN: 0147-181;;,--33-0-000$" 4� m THE WEST 40 FEET OF PARCEL�f"OF PARCEL M`AP NO x I4951,IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO,STATE OF CALIFOR&ARS SHOWN ON MAP ON FILE IN BOOK 185, c°r, PAGES 85 AND 86 OF PARCEL MAPS � ��-a 0 , IN THE OFFICE OFTHE COUNTY RECORDER OF SAID COUNTY. N ;% �< «s° u 'n CO) PARCEL B: (APN: 0147-181-35-0-000) =r :`AN s evrtfe. �" N THE WEST 40 FEET OF PARCEL 2 OF PARCEL MAP N Y14951,IN THE CT fY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,AS SHOWN,,6 MAP ON FILE IN BOOK 185, PAGES 85 AND 86 OF PARCEL MAPS, IN THE OFFICE OF THE COWTY 0 RECORDER OF SAID COUN I T d Q. c0 m V 1Z U- c d E t v .r Q w G E t U R rr Q A-1 1373\08\1183096.19 12/4/2013 Pa--dkeit Pg.603 :6 B�Ii EXHIBIT B CONCESSIONS PURSUANT TO DENSITY BONUS LAW 0 T 1. A twenty-five percent (25%) maximum density bonus is granted to increase the maximum a density of the mixed-income non-senior units from twelve (12) to fifteen (15) units per acre, and a fifty percent (50%) maximum density increase is granted to increase the maximum N density of the senior units from twelve (12) to eighteen (18) units per acre, for a maximum of 00 four hundred eleven (411) dwelling units in the Project. Density shall be calculated for the overall Project rather than for each separate phase of development. r 2. Three concessions are hereby granted, as described below: a- U a. Private Open Space. Dwelling units with private patios that are smaller in area than those y required by the City's zoning ordinance as shown in the table below. -a L Concession#1: Private Open Space requirements. E L Unit Unit Unit Description Unit Size Required: Provided: Private Type Private Open Open Space (sq 3: Space (sq ft) ft) M 1 BR Al 1 BR—seniors 576 sqft n/a* 102 N A2 1 BR flat—singles/couples 618 sqft 155 104 M BI 2 BR flat(accessible) 813 sqft 203 105 N B2.1 2 BR townhouse (2 story) 998 sqft 250 269 2 BR B2.2 2 BR townhouse (2 story) 997 sqft 249 282 B3 2 BR flat(senior building 1,088 sqft n/a* 154 manager unit) Q. C1 3 BR townhouse(2 story) 1,241 sqft 300 267 C2 3 BR townhouse (2 story 1,234 sqft 300 294 3 BR accessible) C3.1 3 BR townhouse (3 story 1,458 sqft 300 308 a. 20' wide) ez C3.2 3 BR townhouse (3 story 1,455 sqft 300 308 20' wide) E C4 3 BR shop house (3 story 1,614 sqft 300 200 25' wide) .2 4 BR D1.1 4 BR townhouse 1,478 sqft 300 289 ;r D1.2 4 BR townhouse (accessible) 1,478 sqft 300 289 a *Part of Senior Building—Private Open Space requirements do not apply. ca r Q B-1 1373\08\1 183096.19 12/4/2013 Packet Pg.604, b. Parking Requirements. Parking for the Project as shown in the table below. Concession#2: Parking: 0 Residential Parking Proposed cv o -street --rota on- Q Unit Type #of units off-street uncovered Total off- street Total Residential w covered pkg pkg per street parking Parking Parking � per unit unit parking (private proposed Ratio °�-° proposed proposed proposed streets) (spaces/unit) Senior 73 0.0 1.0 73.0 3 76 ~ M 1 Bedroom 57 0.0 1.0 57.0 57 2 Bedroom 137 2.0 0.0 274.0 274 a 3 Bedroom 133 2.0 0.0 266.0 266 4 Bedroom 11 2.0 0.5 27.5 28 V unassigned spaces 28.01 190 218 rn c Total 411 193 91911 2.23 v • L V Non-Residential Parking E ' L Area(sqft) Parking Parking Parking v required Required Spaces U peruse Proposed 0 Recreation and M rn Community Centers 93,350 sqft TBDJ 129 1 space/ M T Administration Building 7,387 sqft 250sgft 30 7 N Existing Central Shop, 1 s ace/ 18,394 sqft P 18.4 32 Maintenance Bldg 1,000 sqft Community Garden c Bld Total 168 *The unique program of the existing community center does not fall V under any existing parking requirement category for the City of San �- Bernardino. Further discussions with the city are needed to u. determine the required parking standards for this program. c d E R r+ Q C E t U f0 r Q B-2 1373\08\1183096.19 12/4/2013 Packet Pg. 605 c. Setbacks. Reduced setbacks shown in the table below. Concession#3: Setbacks. 0 N T RM(Residential Medium) Required Provided o Zone Front Yard 20"-0" min. (25' avg) 16'-9" min. CO Side Yard: 2 story 10"-0" min (+1'per 15' wall length) 6'-3" min. Rear Yard 10"-0" 10'-0" min. M Distance between Buildings 20"-0" 6-10" min. T T a. D U N _ y L _ i M 0 M CA NV M T O N r �i T O Q NNd LL Y �A U C LL _ 9 a> v ro a �.i E a B-3 1373\08\1183096.19 ]2/4!2013 Packet Pg.606 cd 0 N T a Q vI N co 00 T H H M r T d u N r_ C3 E L a) Y cu C7 ® Cl) v M r 0 N r r N T 0 CL 0 w W 0 V A L C CD E .0 U w ' a r E U R w Q Packet Pg. 607 6.B.h EXHIBIT C CURRENT PROCESSING FEE SCHEDULE N r Q H"ME OF TEES o r VJ N eD M r x w Buffidirig aafiety DliVvisinn, : a. Om:muniytpevelopin+�llt ?ep ►.r.;tment' F P. $11Q NortFsD StteeY'.San B erzwXi5slgfSt:7418; C`') aaip� [� Ph(FQ4)3ff454�1 Fax•`,(96 384$080 i lt�I,lllVl#1t1>t webmt4;. tVwwgiorg a U I. Plan IZ60ew and,lailding Permits Fada. cn Tlie pl.att revrew.and building permit fees applicable to butic�tx�g�01(t Ct}�`p�ojeela.iri the QYy of Sari E 13ernaidiito areprovided.in the following tables:These fees aio�3olf cE+dto q.0,th :GOSts o tEie�10S;reQieiv and butF(ding iris?act on<servic es.provtded:as,part of the bull d ngpertn t='proces.s:.�.. (a These fee do no_ i_ncDevelopmnnt Trnpact F;eesF School lines, rigrttn Dt�tssnn Pees;.Pksurrting DiWsiionFees,Water75 eparlmenClnes EFTealthTfiparYmenti`I"nes,,or::other.€eesoal etet �or:athnrpurpa§nsl unless Hated othGivrE' c ca A Ddermilrtl>< Plan Review 1es In order>a ceYl rmtne the Plan Rex�iew J eo for apra3e thfalSt3�vrrt Isocedurn shoulel br folla�v ed ro a� 1. Plan Revievr Dep osit'(a11 except l ah am ly tiivvetltxig0 a 4 Identify the Construction Cost.1t A6r..:'trt.'Table:2 basecl'Cn the;l uilcTing#s aeetzpancy group r,) (u:se)and type of construction then mu1tC151y:thts faCtcSr by the'squarefootage o£the use: The r re"tali is tltic ltaluation of the consu'uction. F the building contains mixed uses,compute the, N watuats.ort!oi each.distincfuse and:add the valuationsiogether.to;get.theiotal valuation ofthe r' building ;14 b) 1~i3id the,ap,roprsaCe,valuatiiiu rng ;iri the 1:eft hand et?lumxt gf' Able 3 that corresl2onds 4 t• a the total valusiion:. Selectthe appropnatreolumnestaentr:aior commercial}:tb:;i�eterrriine 0 sZ the:plan#eview-;depostL,f,.e;e,; at , otafPlanReviewFees l= ;`ThcTOtat P1ari RevtewPeersthe sum o£;loin follbwtn�fee compar►ents,,when applcab�e ;° Total , . EneruPlan Rev ew Deposit +Expndtio U 1. Q plan.Revi ew+Fue.lSl an Revienv Aec essibili ty flan Rays ew'+zonsitg Redrew L 3: Hourly Plki.Review Rate:' The:li:ourly::rate for:r-fiou'se plan revieitr ii$94A.5";' Vhe&'exeiturw is:rcquesYed•By.tlb ptos vie applicant and performed'by-an:outside.vendor j..any plan review billed hourly shall beat thm vendor's prevailing hourly rate;which,is typrcalty highex`tihari the pity rate. w d: One&Two FamilyResidentialConstiucti.on=PianReview,_ a Plan reviews 6f.new single-famil}`and'duplexresiden'tia]construction;addttions:or alteeati'on.. thereto,will be performed I at the hourly<rate, Repetitive tract housing units will be biI14'ai one' a> hour. The planreview deposit.for.nevuI bt:2:farnily dwellingsis.equal to`5 hours. The deposit E for,additions is equal'to,3 hours. v 0 r a C-1 1373\1\1183096.9 �I 1373\08\1183096.11 4, 6/4/2013 Packet Pg. 608 r 6.B.h B. Determining Building Permit Fees 1. Single-family Residential Construction s A. Additions e Additions without abatli or.kitc lien: S 39,per:srl;ft. -Additiotis with.u.bath or kitchen:. $'1.54 per'sq;:fl. 0 - 14linimum fee for addifions $30:0 - Rfiximum fee for additions up to 1200 sq,f<:: $`11.66: 04 - The fee for additions over 1200 sq,ft.is as indicatedMi Table 1B °O F- B; New Single-famify`Tra:ct ffontes:(construcfed in hn ases:.of five°or-ntore ltotnes} -'Refer'to,Table IA M r C New Single-faxnilyIntill or Custom.Homes j =:Refer to.T:ble_IR L) c 2. Cam.me;rctal';Tnclusl;rial,and.:lViultif-amiiXy Bnstc.Butlslimg penult F`ee ca 'Mob c bgil`dutg gpAink fee is lasted to the Z. -'t:colutttn gf!74ble 3: co Total:B1Y ditl'g Penult;lt'ee, E Tlie:Total 13tiitlding Permit Fee is the suai,of-tliq follbwjhg fee con p.onont3 'Vvhau'3tppl.kalife R 1'ofal Basi c T3tulding;l�ermtt 1 ee+Issuance fees ;I lee/ ll g�(yleeh. ernitt ees :Certificate of OccupancyEee;t-SHIP Fee*'+Cultural ISevOopmenf Impact Fee+-Archive as Feb+Tt chnology Fee (SNIP:=strong Mollon InswmentationProgram Fees)'i v M r G N r r BUMOI LTG VALUA;T ON DATA O L V14 Llt a. Milt UJW LLL{41VklV YY LLIC YVJt 14L.tV1J lltVllAj.� Gt,CL�U(LFO,{xUVL�LV' tZ dei6rmiite project valuation;wufer,$ooptt,304 2.of`tlie'Utti#vt nt.4drriilllstraf ve Code as adopted by the.City e' of San Bernardino.Plansclreck and buildurg:permit fetes for occupancies other,than single-family residences are based of.Wbe•of the project per Section 3.04::Valuation o£'ttpr 1061 §deter aided by the,Building Official..Tle cost factors:contained in Table ,are used to calculate biiildirig:Zaliiatot,which intiint is zseci e^ to deienriine pennit and.platri check fees in.Table 3,Valuatiowmay or may not have tCresembfance to actual U IL squnre,foot cost of a project. In most casex.the.costs indicated are:be qw market rates compared tut a bid, contract price;assessed value or sales price. The use of these cost factors bythe City simply assures LL consistency and uniformity in the amount of fees collected for projects of"snnilar size,construction,and c Occupancy. W E t U fC w r+ Q C 0) -sAces1scheduleoffees. (revised-Sept.8.2008) Page 2 U ftS w+ Q u C-2 1373\1\1183096.9 1373\08\1183096.11 6/4/2013 Packet Pg. 609 6.B.h B. Determining Building Permit Tees 1. Single-family Residential Construction A. Additions N - Additions without a bath or.kitchen: $1.39 per sq.ft. Q Additions with a batlu:or kitchen:; $1.54 per sq.ft, p m os $300 atn Ma tmuin fee foi.additions up:to 1200 sq tt... $1,166 00 The fee for additions.over 1200 sq.ft.is as indicated•in Table 113 F- B: New'.Single-family. Tract HdmeS(constivcted in_ hp ases of five or more homes) ~ M -'Refer'to Table lA C.Now.Singlerfamity.Infill orCtistom Homes a Refer to,Table 1B U to e m I C Omm:ercials.Inclustrial,and Multifamily Basic>iullditrg T'eimti"t Fee; (� The basic buil'dipg permit fee is listed in the2°4 column of Table 3. C m E TotatBundift Peirmit.Fee `- The Total.l3uilding Permit Fee is the gum ofthe'following fee components,where applicaFite: R Total=; Basuu Build ug�Pernut l ee+Issuance.-Fees+:Elec/PlbWMech,Permrt'Fees+ Q Certificate of 0"ccupancy Fee:+SMIP'Fee*+Cultural Development impact Fee i-Archive c° M Fee+Teclinoiogy Fee "SMI P=s trongMouonInstrumentation.Progremi"ees): N M T N r T BUELDING V'A:LUA:TION DATA ` Tiit3 community 17eyetopment I.epadMent usesAhe following cost:factors(dolixz per square foot)to- Q. d�terninie proJectvahiation,u nder.5ection;3'04.1 ofthe Uniform A I in nistrat ge Code:as adopted by the City. ,of San Bernardino.Plan check and building permit fees for occupancies other than single.-finely residences are f ased on.vaIde..of the project per Section 30=1_Valuation of a project is determined by the Building Official.The cast factors contained.in Table 2 are used to calcuhite building,valuation,'which m.tuin is used to,:determine permit and plan check.fees in Table 3.Valuation may or may not have a resmblance-to actual U square foot cost of a project. Inmost cases the costs indicated are below market rates compared to a bid, contract price;assessed value or sales price. The use of these cost factors by the.City simply assures u- w consistency and uniformity in the amount of fees collected for projects of sunilar size,construction,and occupancy. E t U f0 w Q a: C N C s:Lfecs/schedule of fm (rcxi.dscpt.8,2008) Page 2 CU w Q C-3 1373\1U 183096.9 1373\08\1 183096.11 6/4/2013 Packet Pg.610 6.B.h BLOCK WALLS: -4'high $30M An.ft. a -'5 high $37:00I1r .1E_ N 61higli $44.00!ltt:ft, ? Q other $7"33'%sq. N DEMOLITION, 6sltiatign=,contract •r.'iF valuation=contract rice 00 DRYWALL $bB.OQ f sheet FIREPLACE $3000;00 ca. PATLOS;PORCHES $I9 55/s ft M ........ PATIO SLARONLY WITHI+O,OTING $645/s• ft PATIO DOVER ONLY c�- a REROOFING,(I square=100 ft_ p Built up $21;U ARuare 'Cvmposition;Shingles; $1.65.40/square.' N :Shake or Tile $320.00Jsq=' e � ReslieaVm $ .96:00/s Pare t0 SICXNSY Valuation. C7 5433ING,EXTERIOT STUOQ: $9,'49. 3t E L SWUAMINCrPO'OLS AND•SP.AS—GUNITL (valuation=contract price) MA-kWACTUREDABOVE-GROUND;:POOL/SEA $i25iS75 TENANT`IMPROVENMNT s 30°fuofcosf:"ers ard.fo'ofk 3 p M WINDOW:CHANGE OUTS(per window $370'00;ea. N *"Dedud.,W:for shell only buildings.: **Use30'/o fortenantuvfptovements. N r r-+ O Q. O Q. w m , w rn V c a� E U R Q C 0) s:/feeslschedi le of fees (revised Septd3,2608) Page 6 U fC w w Q C-4 1373\1\I 183096.9 1373\08\1183096.11 6/4/2013 Packet Pg. 611 TABI F 3 i :nil ReVICIV 'el MIA P Ctlll�c ��S Ma omtnc>c lal Industrl a and Ra ice tl c ,� x3� au"x' 'tt. cx ,�.4n 4'�.�. .'1VTOLZ Th6follb�t`?1ngtabapeo tdeUa (dp ftC&end 1a`fr �` �e `�eS,6' ,al'u�Ctdts� cn�i c`, .. 1a1 m 81 tt a SV mom 'F`'�+x-. w +ro u cx, f,. �`LS j4 r tx1 mule tagiTly restclen€taI occuf�anG est �\Cldtt�otlaez hoc z1mLb t�Valk a mull pluniU�ri��l\reeli� �ca�3devzlopinent aim acts„§eweti.�t tictt�°school eCUma 't I �,,n, w.� .,�-'n��., �s�.`�r•1�3'�:'s�u�.� _s�s,�r,.�.� �xT,. $•;�� �;�.��x. +��_.- :; 4- xOTA4 $Pdg eSuh7 Q ,l J'? T:t. s`v�, 4 .a y .g .r va. i a"xf3• x �c s` 0 �AT,LfA�Ib�I(S) et uiti�ti�2evtew� a Tofal�� ATI(Til�(��` P'et mt�� 1��vce�t,�'e �T�`faf�s; , aNO- Feo_4 .,�.'��x'�.:"^r b�rk�,�,�':�t6�i:r.��.�,,.; C14 L00 - 500' 60:00 14.25' 7425 Moan mNOW0, 00 501 - 606 60;00 16:15 7615 ... �. .. .. co r. r 601. .18.05 78';05 1,01"i 3 Frn c :,.r r a 700 60:00 ., «. TI ON 701 - 80.0. 60.00 19-95 79.95 M INIA, e5 VA� �I vlf wa"�s IRAN 801 900 60.00 21.85 81.85 c 901. 7 1,000 60;00 '23.75' 8375' E Y Y... ...�.. jam... ... .. tr 1,001. -. 1,l0a 64:00 25.65 $5;65 30,001,--31,000 291.00 -,276;45 567:45 CL CL 27.55 87:55 31,001-32,000. 297,50 2$.2.:63 580.:L3 D 1';1,01 - 1,200 60;00 � 1,201 - 1,304: 60.00 291.45: :89r.45 32,001 33,000 304;00 28810 592'. v 1,301 - 1,400. 60:00 31.35, 91.135 33,001-34,000. 310.50 294:98 1"605-.48 1,401 a 1;500 60:00 33.25 9125 34,001-35;00, 317:00, 30.1:15 61915 to C 1,501 - 1,600• 60,00 -':.15 9515 35,001-36,000` 323.50 30733 630:83' 1,601 - 1,700 .60.00 ',37-05 9TA$ . 36,001.-37,000 330,04 .313350 643.:50 1;701 - 1.,800 60:00 3$,95 98;95 37,001-38,000 33650 319:68 656:1$ o 1 80:1 - 1,900: 60;OQ 40:85. 1.00.85 '38 001-39;000; 343 00 325105 669.95 G 1,901 y'21000 g 60.00 42;75 102 75 ;39;091-40'000 349 5,0 33Z,50 68-2,00, m C4-'t. �a*¢!+a'M.�visY k4'Th.� '"Vl.`4uRI., Slf:J E fAEt,'a_) mall v .,, �a s; Aar y' ;40 001-41,000r 356:00 338:20 694:20 NOW s c a''o 41 0.01_-.42 0001.... 362,50 3.4'4138 706'M- cc 2,001 -3,.Q00 60.0.0 51.30; 11 L50 7 42,001-43,000. 369.00 350:55 719.55 3,001- 4;000' 63'5,00 .59.15 122;85: 41001 44-000: 375.50 356.73 732,23 4,001- 5,000 '1 '4,47 68.46 140:40' 44001=4$000 382:00 36190 744;9.0 M 5,001-6,000. 81:00 76.95 157.95. 451001-46 000: 388.50 369..08 757.59 6 001.-7"000 90:00 85:50 1:75.50' 46;00]-47;000: 395;00 .375:25 770-25 7,001- 8;000 99:00 94,05 198:05 A7;00.1-48,000 X01.50' 381;43 _. 782:93' Cl) 8,001,9;000 109,00 102.60' 2.10:60 -48;00] 49;000 408.50 387:60 79 :.10 9,001-10 000• 117:00 111..15 228AS' 49'001-50'000 414.50 393.78 808;128 CV h!.�i 1.0,001:•-11;000 12600 119.70 245.70' 50;001-51 joO.O. 419.50• 398:05 817.55 C.o .11;601--12 000 135100. :128:25 263,2+4 51='001-52 D0,0 423:011• '402:33 825:33 t' 12,001;-13,000 144;00 136.80: 284 80.., 52,001...-53,000: 0$:00, 406;60 834:60 13,001:-14;000 153,00 145.35 29.8,.35 51'001 54,000 432.50 410;88 843.3.8 O Q 14001-15000 162.00 153.90 .315,9Q; 54001-55000' 437:00 415.15 8525,.'.1.5 N 15,0011_16;000 171.00 162.45 333.45 55;001-56,000 441.50 419.43 86093 � 16,001-1.7,000 1 171.00. 351.00: 561001-57000 446:00 423.70 $69.70 m 17,001-18,000 1.89.00 1 179.55; 368:55; 57A01-58000 45050! .427;98 878:48 C j 18,001-19,000 198.00 1188A0 386:10 58;001-59000; 455:00 43125 887.25 V 19,001-20;000 207.00 196,65 40165 59401-60 000, -459.50 436.53 89'6:03 M" yn c r a "tea ON , 20 001--2 1,000 216:00 .205.20 421.20 60,001-61,000. 464.00 440.80 904:80 u- 21001-22,000 2-25:00 21175 438.75: 61001=62;000 468.50 445;08 913.58 2-2,001-23;000 234.00 222:30 456.50 62;001-63;000 473.00 .449.35 922.35 d 23;001-24,000 243:00 230.85 473.85 63,001-64;000 477.50 453:63 931.13 24-001'-25,000 25100 .239.45 491.45 64001-65,000 482;00 457;90 939:90 v 25;001-26;000 258.00 245.10 503.10. 655001-66,000 486.50 462.18 948.68 26,001'-27,000 265100 251:75 516.75 66001 67,000 491.00 466.45 957.45 Q 27;001-28;000 271.00 257.45 528.45 .67;001-68,000 495.50 .470.73 966.23 r 28;001-29,000 278.00 :264.10 542.10 68;001.-69;000 500.00 475.00 975.00 29,001-30,000 284.00 269.80 553.80 69 001-70;000 504.50 .479.28 983,78 sJfecs/schcdulc of fees (revised Sept.3,2008) Page 7 L U 0 R Q C-5 1373\1\I 183096.9 1373\08\1183096.11 6/4/2013 Packet Pg. 612 • 6.B.h 000,01E � `�, >Bidg-�•�,��3'4�n� 1� Si�l1'��� � O'CAI.��,x +�, Lildg� � Pl�ti' � Sub° t�A��AT11013"r'(�y s Pe��'1fi 1e�et� � �1�o(sl'�a,. ��;Efi1T;1U�1!1L(���F P,,,�rtuil�,� RevtCvrToc� Tclfal`` C :, � ` ', 1• .1�@�.."z,. �C���s, � ��.�,r�,� 'Ft:. ak'�A''k n��3;'��i..;�+..�; 1`00:4.'u , � r.r.?..... � ��� 70,'001-.-71,000 509:00: 483:55, 992.55 120,00:1-121,000 713.00. 677:35 1390.35 71 jOOI-72,000 513.50 487.83. 1001.33 12.1001-122000 716.50 680.68 139718 0 , 72,001-73,000 518,00 49210 1010.10: 122,001-123;00.0 720:00 684:00 140400 N 71001 74;000 .522.40 f 496.39- 1.018.78 123,001-124000 72350 687,33 1410:83 �( 74"001-75000 52700 500:65 1027.65 124001-125,000 727:00- 690.65 1417:65 n 75,00.1:-'76000 531.$0 504.33 1036.43 125;001-126;000 1 730.50 693:98 1424.48 761007`-•77;000 53600 51)9,20 1045.20: 120,001-127,1000 734;00: 697:30 143730 Cp 77001:-''78000 540:40 513,3$ 1.05 ;78. 1,27.001--128,000 737.50 700:63 1438.13 °O 78001--7,9000 545100 517,75' 1062;75 128,001-129`000 741:00 703:95 1444.95 79,0,01:--80,000 549,50 J.22.03 107153 129 001-130 000 744.50k 1707-.28 145178 F- Iffilm 80,001;-81;000 .55:4100 ;,526.50. 1080,50. 130 001-13.1;000 748.00 710.60 1458:6.0 81j001•-:82,000 558150 530 58 1089:08 131001-132;000 751:50 71193 1465;93 8lI,QQ.1-'83,000 563,00 534:95 . 1.9'.7„5 . 132 001-133;000 755:00 717;25 147225, d 83,001:-84;OQ0 5C7;S0 539.13 11 :fi3 13.,00:1-134,000 "758.50 720;5$ 1479,08: 84,001-"85,000 572:00 .543.40 1.115':40 .1.34,00.1:-135,000 762:00 723;90 . 1485..90 CJ 85;001-'86;000 57600 547:68, 11'23.68 .1'35 001-,136;000 765,50 727.23 .1492:73: 86,001;-87,000 581,100 :.55'1.95: 11.32:95 136;001-1371000 769;00 730 5`5 1499:55' to C 87U01-88;000 585:017 556:23• :1.14113 137;001°-1380000 "772.50: .. '733:$8 1506:38 $$,001-89,000 ;590;()0 560.50= 1150.50 138,001-139,000 776:00 737:2(3 1513.20 � 89 001 9Q,000 594150 554.7$ 1.1:59.28 139,001-140 000 779.50 740 53 1520:03 >. 90,001-91,000 _ :599:00 5'69.05' 1.1' BM M. 140401-141,000 783.00 743.'85 1526.85: � 91;001;-"92"000 .603:'50 573:33 11'76:$3 1#1,041-142,000 7$6:50. 747.08 1533:6$' 92,001-93;000 608•:50 5.77.60. 1:1'8&,10. :1'4.001-143'000 790.00? 75050 1540.50 2 93 001 •;94000... 612.50 581-:8.8 11:94 38, 143-001-144,000_ 79150: 753.83 1547733 94,001-95,000 617.00 •586.15 1203.15 1.44 001-145;OQ9 79,7:00% 757;15 1534.1'5: S' 45,001:-9649W 62150 590.43 1211`93 145,001-146,000 800.50 760:98 "1560:9$ 96,001'-9.7,000 626;00 594,70. 1.220:7.0 146;001-147,.000 ,.804;0.0 763:80 :1567:80 0 Cl) 90,001--98,000 63050 598,98 1.229::4$. 147,007'-148;000 8075.0 76'7.13 1574,63 rn 9S,O01 99,000 .635:00 .603.25 1238:25 148;OOI 149,0M, .8x1100 770:45 7581.45 N 99,OQ1:-100"000 . 630.50 409.S3• x2'97:03 10.9;0.00 ISfl,Q06 .814.50' 773:28 . 15$$4: , Cl) 100;001:--.101;000 643;.00 610:$$ 1253.8.5 1SO001=151,0.00. S C8 00: 771:10. 1195:1.TI N 1.01,001-102,000 646:50" '"614.18- 1:260..68 151;041-152.;000 821.50 780:43 160193 r `1112;001.-;02;000 650:00 ;617.50; 126750 15 Ob;T,-153O.Q0 S25t00'. 783.;75 1.60$.75 N 103,001-104;000 653:50 620..83 1 1274,33 '133;001-154;000 .828-50 7M 161$:58.' T I04,001-105;000 65 bQ 624.15. X`281,15.. 154 Q01-155 QOQ 932.001 790_.413 162 40.. 1v5,�nsi-10G,0w uiv:Su .621.1-0 A1308,45 Q 106 001:-107;000 664.00 `630-80 1 500`-157,000 839:00 "797:05 1636.05107,001. 168,000: 667.50 634.:11 157,;001-158 000 842.50 '800.38. 1642,8108001,-109 000; 671.:00 637,45 158,001,159;000 846:00 80170 1649.70 109 001 110 000 674:50 640 78 159 001-160 000 849 50 807 03 1656.53 L) I MOOT-111,000• 678:00 64`4.10 160,001-161,000 853:OD 81035 1663:35 111,001.-tl2,000 681.50 647.43 , 1.61,001-162 000 856.50 81;168 1670;1$ 112;001 113;000: 685.00 650.75 1335.75 1.62,001-163,000 860.00 :817.00 1677.00 u- 1 001-114;000: 688:50 654.08 1342,58 163,001-164000 863,50 820:33 1683.83" C 114,001-115,000 692.00 657.40" 1349.40 164,001.-165;000 86100 823.65 7690:65 Q 115,001-116,000 695:50 660.73 1856.23 165,001-166;000 870.50 826.98 1697:45 E 1.16,001-117,000 699.00 :664.0.5 1363.05 1.6,6,001-167000 874:00 830.30 1704.30 U 117,00.1 118,000 702.50 667.38. 1369.88 1.67,001-168;000 877.50 833:63 1711.:13. Ii18;00.1 119;000 706-00 670.70 3376,70 1-68,001, 169,000 881.00 836;95 1717:95 Q 119,001-120 000 709,50 674.03 1383.53 169,001-170,000 .8:54.50 8"40.28 1774.78 Y For higher valuations use.the.fortmiIns below, N s;L&esischedule of fees. (revised Sept.,3,2008) Page S. U ftS a C-6 137311\1183096.9 1373\08\1 183096.11 6/4/2013 Packet Pg. 613 6.B.h Buildhig Permit trees: For valuation ranges beyond the scope of the above ttible.the Nlowing foMiulps can:be used to deterinine the basic building permit fee: 8 Where the valuation M is.between$.100;000.00 and.$500,000:00--- $639:SD for first$:160;00000 and 23;50 pef 1,000.00 N thereafter,or T- Q r oo.eoa Building Permit Fee=$639.50+ 1000 }` 3:50 CV CO Where the-valuation( :is between$SOU,O,OO,:QO.'tbt u.$I000;000.00'-$2 03,9SO;for fiist$500;000.00 and$3.00 per.1000;00 F- there.after,.or M r- Building.]PerinitZate: $2039:50+! i;O Q :00 (L :3 Where the valuation M isS1,000,000;00or greater .-$3,$39 6for'flisi$]000;900:00 and,32.00 per 1,000 00'#hereafter,,or. ri Building?kenii(FSe='$3539)50* 00�09 )(2,00) ]PImi RevievrTees. m For viiluation.ranges•beyond.the.scope oFthis table the-Vlwt;ltevirw)a ee shall''wisfiollowsr tC Coitimerci iUfnclustialari�I Aitltitamil IZesjdentidl 95%0 of thecdlcu) ted building.permit fee }� 0 c5 a � N M I { N T nl T t 0 CL mai N 6L 4.. 4- U n L C d E t V f0 w Q r E s'ifeesischechde of fees (revised Sept.8,2008) Pagz 9 = V R r w Q C-/ 1373\1\1183096.9 1373\08\1183096.11 6/4/2013 Packet Pg. 614 622 R-1:VF 8 .:, Single-family..Residential.Rewire:(plus service) $.056 A,arttnenfs,condom iniums per sq..ft(plus service) $,OSQ N Commercial buildings per sq.fk(plus service) $.015 Q Electrical Service:. 1:1p:tc,200 amps :$30:50 000 20.0 amps:to 1000 amps $62:19 c0 P 1000 amps:md over $:124.30" Z 1- Subpanels 18.20 ~ M T Temporary Power Poles $23:50 � I vleterpt?le $EUD P "1?aall eXtension,pole:(i�o ittefer): a i.i "MifM iedula $1,1;0 to Receptat les,:]i#ies,swiCches fifst20,=eac13 $ . 9 y 1�l�et�20;.each -✓3 :$4f7S m Rah9e/9yen.;washer/dryer;a/c unit,.ovgporative:eadlet,�tdoh U' Electrical ST ns for tleotrsc tl w9Yk—doses tiot;y7clyd't't}jesi ":skrtichTfe $24:60 m Additional branch ctrcuir wthpi lain 3:aign. $ 4,15 1Vleter Reset $40;1)0 � Wlten�issued m Fa6;jtlnction tyith other.SVOtIC 31;1:9E1 Each i dd..1. 1 meter orrsproo building`ot''li; $1009 C CI) a� MiiSitnum-:1?'ce $fi0:00 M Sbiar'F,ue"r.�y Systems 1¢o�hargi~. N P1';ivate:t$iriWmfi g:Pdola- $49-3Q r N Powei Appiiridus(m'Ot6ts;,gerfeeators;trans foriAee,.inilugC C i r 1tOating,cooling or cookiiTg equipmerig;efG) � _T_Tr Fn 1Fi "noc 0 .:Over`i.tolt hp $12,3(3 W tv -:C7ver.1.0 to 5h13 $24:60 Aver 50°to100.1ip :$4950 Aver:1001tp $74;50 ;a u� Carnivsik atid'Clitcuies U Generators aiid Elepttically Driven:Rides $2150 -Meclxanicaliy Driven Rides,Walk-thni atiracfions;w/81ec.Gghfing, $ 7.25 L System of area,booth lighting $ 7:25 c m E .c v to Q r C s:/lees(schechfle of fees. (revised Sept.3,20(3) Page 10 E u R w Q ® C-O 1373\1\1 183096.9 1373\08\1183096.11 6/4/2013 Packet Pg. 615 6.B.h .. ... 4. .,v S .,-.� ... 1. .. .. �+• .. ... ..'-.'. r..,..: Plumbing fixttee,each $9:80 Gas meter reset(gauge test required) $40,00 Gas meter reset(when:issued in:conjunction w/other work) $11.00 N Gas meter-each additional meter or)same building.or lot $10;00 Q .House sewer;each $24:65 G Cesspool $37.25 Private.Sewage Disposal System :$74.50 00 Demo Septic/Pit $22' Z Water.heate,each $12.30 F— F— M Ropftit:o"ralterabon of diamage prvcntp pipg $4,75 r r Gaspiping.systern of 1 to 5,outlets Each additional outlet ovet 5,:per.butlet $ 1:10 D ii :Industrial Waste,pretreat iht7ritmepkori.eiio6bt kitchen type greaseanterceptors,functioriin 'as>fixture tralis:. Sj9:9Q Water Piping installation,alteratibn or repair $4:,7.5 Drainage/vent.Piping $4,75 0 C Lawn;3prinkler System on any.onemetef $11180 E 12ainwater,systems-per drain(insid6building) $9.80 m 1Vlfniindm Fke, $60U0 ��. SalapEPagysystems NtiA"C11ar a CI) N M e— C FAAU to 100,000`BsTU "7 FAU over 1'00,000 BTU $;l Q;20' O A/C;unit.upTo3 tons $1410 d AIC�unjt ov�r3 tons'up to 1.5 tons $27,•1.5 � y- Twin-pack(new or replacement,ihaludes.gas..9t.electrie) :$29.6.0' CU Wall heater,floor furnace,suspended heater 344.80' U Q Evaporative cooler $10:65 ' L Bath exhaust tat a> Grease hood and duct systems, $10:65 t v Duct.alter $10.65 ;6 Q Air-handling unit IIVAC $10.65 C d slfms/schedule of fees (revised Sept.8,2608) Page 11 U tt3 a+ Q C-9 1373\1\1183096.9 1373\08\1183096.11 6/4/2013 Packet Pg. 616 6.B.h �.M,� f��=��� ? Tnstallrtion/Set-up $196 Eartitquake:Bracing'Systenrs $I96 r Q Accessory-Buildings:(Cabanas,Ttamadas;Patios..Biockwalls„Garages, 0 Awnings,Carports,Porehes,etc;) Without Standard Plans 13ased.onvalim6m 00 With-Standard Plans $911E :Fees For•ConstrfAltei:ation of Mobilehome Park Facilities For:Each.Lbt '$5:75 M - `E.Iecti'ical-Pee,,Pai'IE.Seratc4• $:14.U0 r w Sti'eetughts. S:3>DO' Unit Sufistatton/SecortdaryDistrtbsitigti'Tpansf�:er $10.50 a Alter/Replace SWVioe.orTransfnnner` X74,50 Mobiletigme Lot Service $7:0(} U FclterFteg�u Lrep'lace.loYservice x$7;00 I �. to :Pldn:ReWeiY r-eft (noUharged.toMCP Standard Pl'aiis) asod onValii 611 P433fibipg Fees CO Sark rainSysteirc -$14_ Private Sewapel3tsppsal Q W,ater�'reattnencSj+stem $"I4Q0 � m botl3ra�nInlet �,fi90'. � AlteiilRepatr of aminagef Vettt Pipirig $,'%:�Y Par14'l�atee S)tstt<m $7;00 .«.. m WsYey Seivttx£)itt7etx(')Vater m'atj 1.4:25 � File M drant,oi Riier -,4:25 Watet eotrelttianer $ 425 c Plum6it'�Bixtiii4.s/Ecluipinent(a)te�cepairlrepldce) $.4;� c"> Par1C•Gas P�putg System. $-7.:00. TPf3orNatwal a§.fian1Sofbttgit--or nixie A-TOO' M )vlobileht3meL¢t C,ras Out1g.tI;iser $ 4:25 � #asDistrtbntrottEqui tght(alter] p9fi*epldO) 4.25 ry IvliscellaneousR 'nica t;.eao$.fiistallat r 0 Y.errniY.IssUi}nC¢N:flea:(lo.be:fnduded:on:att:permtts) $40;00' Q Suppleiiiental.lsstiance:Fee• $l0 Q Q. jciviiiriUm FefitpitFee; $60.00. inspocrioiis—.Hqur1} `$94:45 )tetispectiori;:Fe� ;$94;45 to Tnsp%chon Dutside.Noimlil$ustness.Hours $1.88'90 S94.45/hr,b0yond2 hr U Zoriirig,Consistency RevieFi I'ee.(Bldg.Permits,Demo,etc) Certificate ofOCCiipancy $475:OS (if included on building permit) $133.62 ts. Strong'Nlollon Ittstriimentation Progrant(SMIF)Fees: Residential._ .0.001 XNiiluatinn Strong:Motion.Instrumeiitatiori.Program(SIv1IP)fees nre imposed'by"the.Stnte of California and provide funding,for seismic monitoring and instrumentation Coin/incl.m M021 x Valuation throw ounhe State;, g1i ;(including hotels) Technology Fee 29'a:of plan review igepernrt"fees. Archive Fees Q Per Perri if or Application $l A0 Plans $2.00/sheet Documents $.251 a e r s:ffeesischedil0 of fees. (revisc 15ept.3..2009) Page 12 U R w a C-10 1373\1\1183096.9 1373\08\1183096.11 6/4/2013 Packet Pg. 617 t era E!?yiI?B IPx7g77%V%S%On: Development 5'ervr'ces De190�11r»errt a . < 000 Matli"D"Str eet,3'd Floor,San Bernardng;CR'92418O01 N ' ,�-.wrsw PForie�` (909)384.5111 Fait ('09);384$1:95 T i WdMite: %kM'W:S1Y1eV.OfQ Saw 'l nay d�w co co T ENGINRING DIVI TOIV S.CHEC'ULE.t'JF:FEE.S I- Eeas EfectfYe.: y 18,. OQ f Base Issuance T T a Technolloqy Archive TVpe of Application Fee Fee Fee(211/6) Fep.(Per c Basic`Pern�it Fees -E sk-pp�eering ra irtft $45Q0 x;90 $1°.OQ; 4is 9 -Blanket Permit $5 OQ 1'0fr $f,OQ $5506' t0 J. Permit Extension -Permanent Enctoachment Permit $625:00 $4S'0w $12;5(3 ::$1(;06'1 $5f3 (F Temporary Encraoachmertt'Perm�t,::. No Lane eroa are+ $25 0 V{,S6': i6fi Lane 6tffsul a(First.Uey tad,Additli�nei day v.00 * $1 d $�L o Com kki Lane Clo sure if�.rflt.Ezcavatior< $286 00 $53 00 fs 38 $ti 00 .<V45:78 M Special Events Encroachtrtentpermit: -- With A Lane d6'surE': $50©00 $45;00 $109tJ - i�lith,A Street`Closure: .. $�i#.Oi3 $45:� $1 .18 $100 :$571.tt� N Road Closure,(First-pay) $302 00 $45,00 .6.94.4 $1:OQ: ;X354�4 T= Road Closure`:( ah:Ai( trorial: $30 00 " '� * :$302k '. 0 D31�;, a a) Oversize Load Perm it/Building,Move' One D Permit State Fee ` , Y.O:b: $18,34 u cu Annual Permit(State Fee), $95.00 !" $1. 0 $1;00: $47.90 Hauling`Permit:. ^— First[ y` $393;00 $45:Q0 $78fi 1.:00 $4(3i 13fi' LL Ehadditional D $100`::00 "" $2030 * $10 , 0 c d ExcavationPeimit:(P'erDay). $150..00 $45.00 $3.90 $300.. $199,90 E L) cu w Q C m E s U R w Q C-11 1373\1\1183096.9 1373\08\1183096.11 6/4/2013 Packet Pg. 618 6.B.h Base issuance Technology Archive Type of Application Fee Fee Fee(2%) Fee(Per Total Traffic Study Report Base Fee $719.00 $14.38 $.25 $733.63 N Extended Revilow(Per Hdur)} $80:00 * $1.60 * $81.60 Q Final Map:or Parcel Map Review: 0000 -Base,Fee $2,210:00 * $44.20 $2.CfOr $2,256.20 000 Per Lot Fee: $55.00 * +2% - Each Additional Review► $135.00 * $2:70 * $137.70 � - Final.Map:Continuance $404:00, * $8:08 * $412.08= ch - Certificate.of Correction:(Per $9?)00 * $1:94 $2.00- $100.94 r Flour) a D OfV$ite Improvemen>K Alan Check Fee%�esed,:on Construction CaisC Estimate Minimum$500 charge +2% $:2:Oa �a On-Site'Iimptovement Plan.Check; CO Fee/Based:-on:Construction Cost M Estimate 2% * +2% $2.00: E Grading.:I�aan:CheckFees,, � 511:60 Less'Cubic Yards(CY) Na Fee 51-100 Cubic Yards(Cl 18;0Q $'30: $2.00 $17.30 c 101-1,000:Cubic Yards( 22;50` $•:45� $2.00' $24:9 : . � - 1,001 1.0;000 Cubic Yarda:(CY) $30,00" * $-;60: $2:00: $32.60:` c� -- ].0j00':L-)OOS.t O CubfeY4r4w $317 m15c00 +20/6 $2.001 Cl) (�CY)� additional 10,0:Q0 �- CY +2°Io $2.00 I v 1;00;001=200 rO00'C6 bic Yards $165:00($9;00: (CY): addtional 10;000 +2% $2.00 n� Cl` `- Z00'00 Cubip Yards(C l and::up $255.00/$4 S * I o :additional 1;Q;000 C C) Cpl o! w Four or More Plan Checks $85:00: * +2% $:1.00' Review Revisions to Approved Plans $137.00 * $2,74 $2.00 $141.74. Q Review Fee: U. Certificates of Compliance $828.00 * $16.56 $.25 $$44:8.1 c Lot Merger $825.00 * $16.56 $.25 $848.81 Lot Line Adjustment:-Single * E Family/Owner.Occupied $414x00 * $8.28 $.25 $422.53 0 Lot Line Adjustment Commercial/Industrial $828:00 * $1656 $ .25 $844:81. Q c m 2 U lC w Q C-12 1373\1\1183096.9 1373\08\1 183096.11 6/4/2013 Packet Pg. 619 Base, Technology Type of Application Off-Site Construction Inspection o N Fee/Based on Construction Cost 4% * +2% * Q Estimate O On-Site Construction Inspection N Fee/Based on Construction Cost 3% +20/0, * 00 Estimate F- Grading Inspection Fees: ~ 50 or Less Cubic Yards(CY) No Fee * * *' * - 51-100 Cubic Yards(CY) $150.00 * $3':.00: * $153.00 101-1,000 Cubic Yards(CY) $225;00 * $4,50 * $229.00 a 1,001-10,000 Cubic Yards(CY) $300.00: * $6.00 * $606.00: - 1U,001-100,000 Cubic;Yards $309.00/$100:00 * +2% * U (CY) additional 10;000 c CY as 1 n0,0n1-7n0,Onn cubic Yards $300.00/$100.00 (CY): additional 10,000 * +2% *' M CY = 200,001 Cubic Yards(CY)and.up $300.00/$100.00 additional 1000 E CY * +2%: Blanket Permit Inspection(Per $73.00 * $1.46 *' $74.46 Location) M a� Re-inspection $59:00 * $1.18 * $60.18 M Bond Release Inspection $59:00 * $1.18 $1.00• $61.18 N After Hours and Holiday Construction Inspection: 04 4 Hour Minimum $369.00 * $7.38 * $376.38 Each Additional Hour $92.45 * $1.85 *` $93.30 t' 0 CL Review of Storm Water Pollution Prevention Plans(SWPPP): - Commercial and Residential $410.00 * $8.20 $:25 $418.45 n Projects - Industrial and Linear $265.00 * $5.30 $.25` $270.55 a (CIP/Utility)Projects u. w Review of Water Quality Management CD Plans(WQMP): E - Non-Categorical $80.00 * $1.60 $.25 $81.85 - Categorical without Conditions of $365.00 * $7.30 $.25 $372.55 U .r Concern Q - Categorical with Conditions of $1,130.00 * $22.60 $.25 $1,152.85 Concern - Four or more Reviews Per Hour $99:00 * $1.98 $.25 $101.23 E 3 U f3 Q t C-13 1373\1\1183096.9 1373\08\1183096.11 6/4/2013 Packet Pg. 620 Base Issuanct- Tecbnology Archive Type of Application Fee Fee Fee(20/6) Fe�,LEa Total cs Review of Erosion/Waste Management $75.00 * $1.50 $:z5 $76.75 N Control Plan Q CZ National.Pollutant Discharge Elimination System:(NPDES) w Construction Inspection: $98m.. * $1.96. * $99::96 Less.Than 10 acres $179:00 * $3;58:' 4. - 10.Acres-or.More 1- M r r National:Pollutant Discharge D Elimination System(NPDES)•Business; $143:00 * $2:8C $Ia?Q; $145.86 U Inspect ion Cn Hydraulic/.Hydrology study:: W TliCee kour Mmlmum $487iUO * $9:'74 $.2a $496.99 a - Four o.r More Hours $100;00 * $Z00 $ 25 $102,45 0 Temporary Certificate of Occupancy $520.00 * X10:40 $1.00; $530.25 E Engineering Letter $100Otk * $x:00'. $.251 $102.25 as ca Street Name.Change 'S P.l,ustWCost of the:Sign $�, . -- 345:0.0 * $20�90 $.25' $i,372.1'5, .. 0 CI) Sewer'Capacity.Analysis-, N Minimum Fee $280:00 * $3:60 $ 25 $285:85 Extended Review'(P'er'Hour) $80::00 * $1:60 $.25 $81.85 cr N Street L1ght Electrlcal:Energy Fee 7l)W 5,80QL. Type A: $42040 .Each 1001A1 9,500L Type $4.7-2.,80 Eacl1' 15.OW .18;00.06 Type C' $72000 Each * $i 4(1 $73.4.46 0 .LVVYY: 22,000L i jpe:M 51G uii:cacti Q Q 25. 0.43: Billing Fee $59 OQ * $1,18.. $.. . $6. W Street or Alley Vacation„ n Deposit $l,0o0:00 $2o 0a $.25 $1,020.25 v Balance Due.Prior to Processing $1,000:00 * $20.00 $.25 $1,020.25: a U. Dedication of Right-of.-Way(Each):: If Legal and Map are Provided $315.00' * $6:30 $.25 $321.55 If City Prepares Legal and Map $800;00 * $1fr:00 $25. $816.25 Private Party Annexation Request $141750.00 * $295.00 $.25 $15,045.25 Q City Property Lease Processing $2,:100:00 * $42.00 $.25 $2142.25 c m 4 t c� r Q C-14 1373\1\1183096.9 1373\08\1 183096.11 6/4/2013 Packet Pg.621 Base Iss&e"' Technology Type of Application Fee FCC F cc!E�LE Total Shee Community Facility District c4 Verdemont Area Only $7,0.10.78/Lot $140.22 $.25 $.7,151.25. Q Residentiatin Lieu Fee :$386:43/Lot $7:73 $:25' $394:40 p Residential:if in CFD 2009/2010 $48,975.34/Acre- $979,51 $.25" $49,954.46 — Industrial/Commercial in Lieu $2,699.48/Acre $53:98 $.25 $2,753.72. 00 Fee Industrial/Commercial if in CFD $5,900 $118.0.0 $.25. $6,018,25 F- 2009/2010 f_ CFO Formation Fee M Assessment District $5,900 $118,00 $.25 $6;018.25' r r r Outside City Sewer Service Permit $1,300.00, $45:00. $26 $1.00 $1;327 a- p U Archive fees are.$1.00per permit,:$2.00 per plan:sheet and$250er document. Total archive fee will vary base on.the N total number of case file documents. FEES FOR DOCUMENTS&MAPS _ ca Account#00.1-00047M E L Documents a) The; General Plan,_ Deyelopment Code,, and other documents are, available on the. ,City.'s web page: www.sbcitY:ord,select Dep_artmentsland.DeV&Opr7reat Services and PlannlRg, Maps _ M Maps are available N the G6heral Flak located©n the City's web page MM.s itV ora::seI6d—Departri eiits'and N DevelopmentServicesand Planning.- co Copying. Photocopies ..:..... .... page;plus 154 each additional'page C` ti r Y 1.6 W L) �rn' I.Y LL Y E U r w+ Q r C N E 5 U f0 i+ Q C-15 1373\1\1183096.9 1373\08\1183096.11 6/4/2013 Packet Pg. 622 AV N ��y Planning Division :el Community Development Department CD Pry ✓�s Q 300 North"D"Street,3rd Floor,San Bernardino,CA 92418-001 r r Q s Phone: (909)384-5057 Fax: (909)384-5080- San Be�'�a�,l' �IiJ Website; wwwsbcity.org 00 1- e Cn PLANNING DIVISION SCHEDULE OF FEES Fees Effective:3anuary 1,2009 r Technology,- Ar hl a Fee - a Amendment.to Conditions. �- Director review(DPI) $583 $11.66 $8.00 $602.66 0 D/ERC.review(DP2) $822 $56.44 $8,00 $846.44 = -Planning Comm.Review (CUP/M/SUS) $2,550 $51 $8.00 $2,609.00 O E L Antenna Development Permit(Dpi) $2,938 $58,76 11,.25 $3,008.01 Appeal to Mayor&Common Council. �y -Non-applicant;City resident $177 $3.54 $2.00 $182.54 M AV A $1,766 $35.32 $2.00 $1,803.32 rn -All others Appeal to Planning Commission ee) -Non-applicant;City resident $278 $5.56 $2.00 $285.56 CD All others $2,772 $55.44 $2.00 $2,829.44 N r 7 Conditional Use Permit ti -Alcohol outlet in existing building $3,858 $77.16 $12.00. $3,947.16 `- -Commercial&Industrial(non-residentiai) $7,133 $142.66: :$12,00 $7,287.66 O -Residential(Condo,HMOD,Guest House) $2;804 $56.16 $1:2.00 $2,8/7.113 C -Revision $2,113 $42,26 $12.00. $2,167.26 w v- Design Review Full Consultant Cost x w rn Development Agreement or Agreement Direct Cost +2% * U Amendment Recovery Fee 1L Development Code Amendment $7,449 plus Full $148.98 * LL Consultant Cost CD Development Permit E - Type 1(DPI-Director review) $1,070 $21.40 $11.25 $1,102.65 - Type 2(DP2-Dev.Review Committee) $6,890 $137.80 $12.00 $7,039.80 ip - Type 3 (Planning Commission) $7,191 $143.82 $12.00 $7,334.82 Q - Type 3 (Mayor and Common Council $7,288 $145.76 $12.00 $7,445.76 r+ 1 � E s ca Q C-16 1373\1\1 183096.9 1373\08\1183096.11 6/4/2013 Packet Pg:623 Technology Base Fee Fee Fee Total Type of Application a N V_ Document Copies Varies-see page 4 p Environmental Study(Initial Study prepared $3,273 $65.46 n/a $3,338.46 N w by staff for MND with MM/RP) ao Environmental Impact Report Direct Cost Recovery Fee plus Full Consultant Cost I~- Extension of Time CUP&Development Permit 213 $3,922 $78.44 $11.25 $4,011.69 -Tentative Tract Maps $4,768 $95.36 $11.25 $4,874.61 V_ IL 56 1.12 1.50 $58.62 Fence/Wall Permit $ $ U Fire Fees y - CUP&Development Permit 2/3 $413.45 $413.45 Subdivisions,Tentative Tracts,Parcel $361.85 n/a n/a $361.85' Maps,and Lot Line Adjustments (CA Dept of)Fish&Game Fees(Make check = cti payable to"Clerk of the Board of Supervisors") E Environmental Impact Report $2,768.25 +$50 Admin. Fee $2,818.25 y -Negative Declaration(with or without $1,993.00 +$50 Admin.Fee $2,043.00 $50 $50.00 MMRP) �y -Notice of Exemption a General Plan Amendment(text or map) Direct Cost.Recovery Fee($1500 Deposit) M a N Historic Preservation Report Direct Cost Recovery Fee($815 deposit plus Consultant M Cost C Home Occupation Permit $268 $5.36 $2,00 $275.36 N Letter of Zoning&Gen.Plan Consistency $450 $9.00 $2.00. $464,00 r N Lot Line Adjustment $477 $9.54 $8.00 $494..54 if 0 Minor Exception Q- -Concurrent`with another application $288 $5.76 $4.50 $298.26 m -Owner-occupied single-family residence $268 $5.36 $4.50 $277.86 Other $792 $15.84 $4.50 $812.34 �a rn Misc.Environmental Report Review Direct Cost Recovery Fee($245 deposit)plus Full U Consultant Cost($327 deposit) Q- , Minor Modification/Revision $561 $11.22 $4.50 $576.72 U. Phasing Plan Review m -If not part of original project review $823 $16.46 $12.00 $851.46 E -Dev.Review Committee application $514 $10.28 $12.00 $536.28 R (DP2) $536 $10.72 $12.00 $558.72 w -Planning Comm.application Q c z � E s ca w r Q ) C-17 1373\1\1 183096.9 1373\08\1183096.11 6/4/2013 Packet Pg.624 6.B.h Base Technology Archive Type of Application, Fee Fee. Fee Total. (CUP/131231SUB) 9 Planning Commission Interpretation $.1.,119 $22.38 n/a 114.1.38 d Q Public Convenience or Necessity Letter $636 $12.72 5.50 $654.22 2, (PCN) X000 of Pre-Application Reviieva-DRC Review $2.,424 $48.48 $6.00 $2,478.48 Z (If an application is"filedwithin 60.days of the review, 1- $1,500 will be credited toward that application.) H M Reconsideration by the Planning Comm. $506 10.12 n/a $516;12 r Sign Permit $182 $3.64 $5:50 $191.14 p -Requiring Conditional.Use Permit $3,858 $77.16 $5.50 $3,940.66 D -Temporary $111 $2:22 $5.50 $118.72 Sign Program $610 $12:.20 $5.50 $627.70 Specific Plan or Specific Plan Amendment Direct Cost Recovery Fee plus Full Consultant Cost cis 0 Temporary Use Permit c -Director Review $450 $9,00 $4.75 $463.75 Cz -Planning Cominiss'ion Review $782 $15.64 $4.15 $802,39 L CD Y Tentative Parcel Map $4;262 +2%of $8.D0 'Varies plus$65 per parcel calculated base fee c Tentative Tract Map(for Single-Family $7;561 +Z%of $8.00 Crdries `Ms Residential,Condo'S,or P.R.D.) plus$65 per lot/dwlg calculated unit base fee Tentative Map Revision-Tract/Parcel Map $2,113 $42,26 $8.00 $2,163.26 M Tree Removal Permit $506 $10.12 $4.25 $520.37 �! Variance $2,724 $54.48 $4,75 $.2,783;23 cl? -With another application $910 $'18.20 $05 $532..95 Single Family Residence $322 $.6.44 $4.75 $333.19 0 rL Vesting;Tentative Maps Direct Cost Recovery Fee plus Full Consultant Cost m Zoning Form:.-written verification of"zoning $22 $.44 $2,00 $24.44 only rn Zoning Verification Review(for Business $37 $.74 $2.00 $39.74 ' V Registration Certificate) tt. k Archive fees are$1.00 plus$2.00 per plan sheet plus$.25 per document Total archive fee will vary base on the total � number of case file documents. W t Ls Y Q 3 >_ U Y Y Q C-18 1373\1\1183096.9 1373\08\1183096.11 6/4/2013 Packet Pg. 625 Direct Cost Recovery Fee The Direct Cost Recovery Fee shall include all City labor and material costs,both direct and indirect,including overhead charged against the specific item being discussed.The applicant shall pay a deposit for the Direct Cy r Cost Recovery Fee at the time of filing the application. Q Full Consultant Cost The Full Consultant Cost shall include all costs incurred by the City under contract with a consultant. The 00 applicant shall pay a deposit for the full consultant costs at the time of filing the application. Z Deposit Required The applicant shall pay an initial deposit of$1,500 (or the.deposit listed in the fee schedule) at.the time of Cl) filing an application on which there is a Direct Cost Recovery Fee.The applicant shall pay an initial deposit of r $1,500(or the deposit.listed in the fee schedule)at the.time of filing an application on which there is a Full a Consultant Cost Fee. When 75%of a deposit has been expended,and the Planning Division determines that the estimated remaining. costs of the job will exceed the amount deposited, an additional deposit of such excess shall be required. Notification of the additional deposit required will be mailed to the;applicant, who c shall deposit such monies prior to the date specified in the notice. When an additional deposit has been y requested, work will be suspended on the project when 950/6 of the deposit previously received has been expended. Projects will not be completed with money due. If an additional deposit is not made by the date: specified in the notice the proiect shall be deemed withdrawn on the date specified without any further action m on the part of the City of San Bernardino and without refund of any money deposited for services performed. E Such project may be reinstated only if additional deposit is made within 30 days from the date that the project W was deemed withdrawn.If a project involves multiple applications,the full amount of fees for each type of M application shall be paid. Refunds will be made by the City of any fee that was erroneously paid or collected,for any unused deposit o y monies of Direct Cost Recovery Fee or Full Consultant Cost Fee after all changes for the project have been determined;or as determined by the Director. N Fees,are automatically adjusted annually on January 1st.of each year,based on the latest available Consumer Price Index increase Cl) from the:prior year. Fees.adopted per Resolution No.89-471(11/22/89),Resolution No.91-148(4/18/92),Resolution No.2003-211. N ($/4/03), and Resolution No. 2006-325 (9/5/06). Fire Department fees authorized by Resolution No:-1999-173,(7/13%99) and Resolution No.2006-325(9/5/06). Technology Fee of 2.0%Is authorized by Resolution No;.2008-149(051.07108), �— FEES FOR DOCUMENTS & MAPS Account#001-000-4710 Documents The General Plan, Development Code, and other documents are available on the City's web page: www.sbcity:org;select Departments and Development Services and Planning. n V Maps i1 Maps are available in the General Plan located on the City's web page: www.sbcity.org, select Departments LL and CommunityDevelopmentand Planning. Copying Photocopies .............................................:...............................354 first page,plus 15¢each additional page E Z U co Q c 4 E t V t6 w+ Q C-19 1373\1\1183096.9 1373\08\1183096.11 6/4/2013 Packet Pg. 626 6.B.h ev Temporary Fee Red u0"s. andDefir ral : Cq . I E ect[ve 1u1 1,2134tl Co f 1 w Building�E Sst"a tyl lVi3lolxl�ymmugdty Dcve7upment gf: � �o0ltortYll��t>=aet S•en)�eit�i•dtt►dl�'A 92418 T � a P1Y`(40�3$4.'xA71 Eax;�,09��3$4�iiJ>#13; , aii r lla , � o V1e1�$te,• tY org Q. • U 1' 1 N pEEiTY.pE R PPUCAUIUTY AMI U'11 C;O F REDII fM[I QCJ y favk:EnfoYterrtiertYFatllkies 411NQCtUparxdes:. 5096 •p FJteSU(9pt5f�at Fad(ities il,NeyVattdf3i1`tle ', 509 Library Fbc11166 lew{:ket(�enUaf 559p U' Aqu�tlYFat(6ties: JEw Re5iden4l�(. 5595 I�aC)<len"d'ACqul4 on, i9.eai Rt�ide:ntI4: 559E Service Fee L Ci) Reductions I 2010-263 R FEE3YP� A @PUC(dBIU11� AitrrflUM�O>pREUU'GTIOi�, ?> Archive(Bld&�� Fin�a Singlerfa rtiiCySutidtvisfonsniy�'pr 549'6 .. moYt;uriics.. o Cl) Bui(iiltlg PtanTiltgReVle.N!. iowrhome$. 509 as DR 3 �ondorn ln(Unts; 6 N �urtdl»g Ft rrn(f s;rninelzl�f,and 509E I M EngineenngPermit lfiiadut&On 9ffate.s<. SQL srke,i'dff slt�, .brtdScapin N FIra:P1a'n Res+lew/Ins-pe Aon, T Issuance (BidgJ 546 PIan:RWew (Bldg F(re s S09g CL woF 509 d iiydiroltig 5U9a � 14i* 50`X 11 EFERRALS rn OF DEVEL FEES U FFF TYPE APPLTMIUTY, REFEREfIrE 12 Lam Enforcement Facilities Sfn le-family Subdivisions of 5 or Reso 2003-31 ' Fire,.Svppression Fad"lities more units and Reso.2010-247 U- Library.F ac'iliti e s New Com me rtlal;;office;Ur C Aquatrt Farllitie s Industrial. d Parkland AcgiiPsitlon � Lo1cal Circulation V Regional;Clitulation: Public Meetings Fadlifie;s Q Storm Drain Plus all single-family residente:s 1160.2010=247 and MMC. 3i38c�4�0;: N L SewerConnectian AIISsinglnfamliy.residencesOnly SFiiC'19:0 :0'55(D) v JUS:E l dg and`a'afety!_all fom c' (xvised'Ampst2,.2012) M Q C-20 1373\1\1183096.9 1373\08\1183096.11 6/4/2013 Packet Pg. 627 6.B.h . N C? N T Q V) N 00 Co T Z H M T EL r� N C y -ca 0 s= ca E L M 6S Cl) T O N T r O O. a) t4 rn U ]t G a) E 0 AF N m w a v ns Q C-21 1373\1\1 183096.9 1373\08\1183096.11 6!412013 Packet Pg. 628 EXHIBIT D CURRENT IMPACT FEE SCHEDULE 9 N Q N CO CCCfiri r�Tl'iiITY DEVE o�`MENTDik.' t 6� CO 1- : 300Ibrtli `D"Street 5ai Terhsrdrtla CA 92418 fl66 f M W a� t11l tt�:sbtsrt�l oY a .....: ..... . H`ousrlT .Aitdibrxt}+. . . .', c=i T'tir Impact:flees fo ca eutawdlor Ch ,dwetiin ant}rN all olUer cn tmtrtrtty Stru ``. 0 vtlt be . i11'#d�dstigctf Ttie frlowineir >ei asgesecl ut,• fits folikawtt3 Ca L '�:�� • ,�rsfrnEr Site. .. � Niunber oPitiistnn.,�D j. . .. Nuiuber oftliStin},Bedrooms is 59, 0 M New te Design: er Cs Numb r of new Dw'e11iU s►s 41;.1 N g .:....:...:..:` Number ofi`tieyrr;bidrooiiir ?�.i�: 9, M N r r�; 9 al . Yt '; t itta 'I'rti: e" '58,5'3 1 0� . . y • Fi?©:�rinnresstoni-. '$1a53f�62. o Libr'"', itcilit'teslCoitatracr:3?e :'< 9$Q.r.3.? ;>. '.. CL uro �ti tlrtre5l± e $41,U2L 00 Piiblo Met trng?�I✓acrlttres:Fee: k7,0:32 Sd S Cu ON.VrG.opnectrorr'Fee Stgrrn Drai in tr Fie Ouimbynit`l rnd 1.107:8.1 .55`... CL iz T044tlrripaetFees: 2,3 9;.i5b:5Z a� Cultural.Not Included Y ,r Q c ar E t R w it 9 1373\1\1183096.9 1373\08\1183096.11 6/4/2013 Packet Pg. 629 6.B.h CITY OF SAN BERNARDINO-PUBLIC WORKS/ENGINEERING COST ESTIMATE STREET IMPROVEMENTS(Off Site), REVISED:JULY15;, 2009' O Developers . Planning Case Engineer: TM No./PM-No;''. co Ptidna No;'. .. Date: _ Drawing No: UNIT COST ITEM QUANTITY:UNIT: $ AMOUNT 1- W.Curb.and;Gutter- LF $16.27 $0,00' Cl) 6":Curb;dn r LF dS1:3:02 '$0:00 8''Curb and Gutter LF $1:7i35 $0:00 r 8'']Gurbonl<'; LF $43.55 $0:00 tl Gutter Ad To existing curb :F V 06, $G:GG Gross utter:,. SF $8.68 $0;00 Sidewalk SF $5.42 " $0;00 to Residential(]WY APPR-: SF $7.5g $0.0c)] C fnmeroial�WY AFFR• SF $9.76 antlica 'rani FA $2, 69.30 $0;00 {'.. 6"AC Dike LF- , $11.93 $0.00 � 8"AC Dike LF $10.2i $0.00 = AC Pavenent/A re ate Base SF $3.25 $0.00 AC Pavement/Native SF $1.35 $0.00 Aggregate base _ - _ r Ton $135.79 $0:00 0 w. Roadway excavation CY $14.10 $0.00 Barricades EA $2;272.60 $0,00 AC overlay SF $0.82 $0.00 Fog seal SF $011 $0;00° c) Pte aration of sub rade SF $0,33 $0.00 th SlWUftame signs EA $542:33 $0.00 Re"ulato signs EA $270165 $o:oo v. M Sto si n,. EA $325140 $0,00 >,.. ... Guide marker EA 581:0 5 $0.00 Saw cut: LF 53,80 $0.00 N Relocate chain link fence LF $7.5 $0.00 "' ....: .;: Chain link LF I $26:03. 30;00 AC removal SF $0165' " $0:00 T ?.. .:' Street tree EA $379:11 $0.00 Street light EA $6:198.00 $0:00 ` Q. dve'streetlight EA $1,549.50 $0.00 4) Rem Gradin import soil CY $1302 $0:00 Remove^curb and'utleFr.,. l F $4.07 $0.00 Stredtstri in ,3 LF $0.43 $0.00 AC Street cut to alr... Ton $135.58 $0:00 en AB•.Street'c4f.re air.. Ton I $92.20 $0:00 V ". .'. Cold:ntill'$3;500.00 4-$0,80/sQ SF:. $1.35• $5.60.- C- $0.00 $0:00 ti " K OO G N E Street lmprovement(Off-Site)Subtotal w/o traffic control during CONST v Traffic control during construction(5%of estimated construction cost.): Street Improvement(Off-`Site):.Subtotal $tl.00 Q C d E s Page 1 of 6 r Q D-2 1373\t\1183096.9 1373\08\1183096.11 6/4/2013 Packet Pg. 630 6.B.h EL CITY OF SAN BERNARDINO-PUBLIC WORKS/ENGINEERING COST ESTIMATE STORM DRAIN IMPROVEMENTS(Off Site) 9 REVISED:.JULY 15;.2009: D velaper 0 Planrnng Case#. R. .. Engineer Q TM N6./PM No.' q Phone Ndi .U. . Dater 01700/60: fV 00 UNIT COG T r- ITEM QUAC+4'fITY UNIT $ Aiv10UNT Z 69 RCP and over LF $413.20 --$O,QO 66' RCP? LF >'$361.55 $0:00 r 60f!RCP` LF $330.56 $0.00 . . ...: r 54! RCP LF $299.57 $0.00 48"RCP LF $263:58 $0.00 D° 42"RCP Lf $237.59 sb,ob 36"RCP' LF $206.60 $0.00 30"RCP' LF 1 $175:61 $0 00 N 24"RCP LF $144.62 w0,00 �n nn" 18 RCP` Lr :. ,. -: $408;30 ,,....,., Catch basin-7' EA $5,681;50 $0 00 co 0 Catch basin-14` EA $10,330.00 $ 00 Catch basin-21' EA. $15,495.00 $5.00 Catch basin-28" EA $22;726:00 - $0 00 L Junction structure EA $2,582.50 $0.00 Manhole No 2 EA $5,165.00 $0.00 0 Local depression EA $1,084.65 $400 Concrete collar EA $2,711.63 $Q00 CD Drainage inlet structure EA $6,198.00 $0.00 ' M Drainage outlet structure: EA $2,711:63 $0.00 ` Transition Structure;(DW6#412) EA S1,626.98 $O.OG .� � . Grate"Inlet structure :• EA $2169.30 ' $0.00 M Pac[ !a 'culvert I EA -,1;301'58 $0.00 V HeadvYalk tAS'6Y, -A $867.72 $0:00 �! Crush rocksfor Rip Rap. CY $43.39 COhcret.Whir GY $759.261- :;0.00 Ad u§0&hfManhole to FG LS $fi50r79 $0.00 r Connectta*iqft MH' LS $2;169 30 $0.00 O f�ein ivfGC❑CUnCreie I CY. I jibbf.12 �,U.UU -r `: Q $0.00 e> $0.00 $0 00.,` tt n Storm Drain Improvement(Off Site)Subtotal . Q. : E V • Q r C N Page 2,'of 6; E t U Q D-3 1373\1\1183096.9 1373\08\1183096.11 6/4/2013 Packet Pg. 631 CITY'OF$AN BERNARDINO-PLISLIG WORKS/ENGINEERING COST ESTIMATE SANITAkV S-t lflER IMP06VEMENTS(611 Site) 9 CN REVISED:JULY 15, 2009 Developer. 0 Planning.Case# t}': p Engineer. 0 TM No/PM.No 0 Phone No, 0 Date:: . Drawing.No:.:.'.., ..:.. .. „ ..:. . co ITEM?„ QUANTITY UNIT UNIT COST($);'AMaUNT Fz- c.. Manhole-- — 60"..DIA EA $5.423:25 : $0.00 E- Manhot - — 48"DIA. EA. 1 $4;338;60` $0,05 ``) No"Manhole EA $5,423.25 $000 W es EA $108.47 $0.00 r Clean Out EA $732.14 :0.00 D. Sewer Saddle r EA $216:93 . x0.00 u Remodelin :.Existin Manhole EA $976y99 50.00 Sewer 4"PVC LF $32154 $0.00 N f Sewer 6"PUG I LF L $43:39' �u uu is Sewer "PVQ LF _ _75.9-, 0 � Sewer 10"PVC LF $31.35 $000 Sewer 12"PVC ` LF 1 $86.77 Sewer 15"PVC LF $97.62 50 00 Encasement LF $37.96 MOO Pavement Restoration SF $7.06 50 00 r t c0 C.:..: Off-site Sanitary. ewer Improvement Subtotal N. , 1 N ,. . ....: ..... O • N LL' r rn U O E U Q r N r Page 3 of 6 C v 4 D-4 1373\1\1183096.9 1373\08\1183096.11 6/4/2013 Packet Pg. 632 6.B.h CITY OF SAN BERNARDINO.-PUBLIC VVORKS I ENGINEERING COST 15 'A. TRAFFIC S9GNALSa'SIGNS 15TRIPING(Off Site). 9 REVISE:JOL, 1.5 .2009, . N Developer: Engineer;, Q --. Phone No: 0 Date Otl00�00. c j Drawing No: _. 00 UNI.T'COST' tTENE . : .` (IUANTITY .UNIT $. AMOUNT H Ttaffic Signals LEG 1 $54;232:50 F" Major Intersection 4 LEG LS $216,930.00 Minor Intersection(4 LEG) LS $173,544.00 $0.00: t Add Phase:to Existing Signal .60'arec#ion LS $32,539.50 $0.00 �. Addtj�st;.tQ Bxt3ttng Signai (Botffbirectdn. t, ;`.' "" LS $65,079.00 $Q:00: T,rafrio Signal Relocation Per rn Pdle,"1A(10')Pole I EA i $5,423.25 $0.06 y Traffic Signal Relocation,Per � Pole,Pole with Signal Mastarni EA $10,846:50 Relocate PB;or Ad.Grade EA $108:47 mad ... Traffic Signal Loo s' EA $406.74 $0.00 _ Striping LF $0.49 u% $OQQ Pedestrian Crosswalk Striping LF $0.65 $0:00 f9 Pavement Marker LF $3.25 $0.00 $0.00 O M N smo.. Traffic Signals 1 Signs I Striping Subtotal $004;" M 6. r r CL C .. ' a. . u- E Page 4 0i 6 C Cu v D-5 1373\1\1183096.9 1373\08\1183096.11 6/4/2013 Packet Pg. 633 6.B.h r CITY OF SAN BERNARDINO-PUBLIC.WORKS/ENGINEERING COST ESTIMATE ON SITE IMPROVEMENTS(PRIVATE AREA) REVISED:JULY 13, 2009 N Developers 0. Planning Cs@# 0 Q Engineer: 0 TM No/pKNO.; 0; o, Phone No7 a Date; 01700/00: N Drawing N .. 00 UNIT COST :ITEM. QUANTITY UNIT $ AMOUNT:, Curb and Gutter. . L-F.. $16.27 $0.00.1. l- Planter curb M LE. $13.02 $0.00 Ribbom utter $8.68 $0.00 e= Walkwa''s' SF $5.42 $000 CL Residentiai:,DWY SF $7.59 $0.00 680mel`1W.DWY SF $9.76: $000 G3 AC'or PCC` avement SF $3.2b $0.00 48"RCP LF 1 $268:58 $0.00 C 42",RCP' LF $237.59` $000 -.. a 36 RCP' LF $206.60 -x0`00 30t"RCP LF $17541. $0.00 0 24"RCP LF $144.62 $000 tA"RCP LF $103:'$p $0 00 Parkin lot drain Std.402 EA $325.40 $0.00 Chars hrlk:fence LF $26.03 Catch ba"stn EA $5,965.58 $0 QO ` Concrefe collar EA $2;711.63 6'garden wall LF $54.23 $0 �d'.?: ' " 3'Retaining wall LF $59:66 4`Retaining Wall LF $97:62 $0 00 N 5'Retarnirt"vVail LF $108.47 $000 G Retainin wall LF $135.58 $000 8`Retaihirf' wall LF $21 6.93 Sewer main LF $75.93 Manholes I EA 1 $5,423:25 $000 4-out $732 ' $0.00 Headwall structures A $2,711.6 r $0.00 t Tirash`enclosure:- EA $6,507:90 $0,00 p PCCPavement SF $8.14 $0.00 Q CD 4"Sewer lateral(on-site) LF $12.40 $0.00 6"Sewer lateral on-site) LF S14.46 $0:00 $0.00 CU .r $0.00 . rn On-site Total $0.00 d. LL E L U N w Q N Page 6 of e E U tC Q D-6 1373\1\1183096.9 1373\08\1183096.11 6/4/2013 Packet Pg. 634 6.B.h CITY OF SAN BERNARDINO-PUBLIC WORKS/ENGINEERING FEES REVISED:JULY 1;6'4009.-. o N .. Q 0 04 Engineer: G w Phone;No,.. ...... 0 °° Planning:;Case;#,... G Tract:Map No/Parcel'Map Nd 0.. ::.: H fh T C1. OFF-SITE TOTALS Cn Street lm rovement: Off-Site Subtotal $0.00 : Storm Dram im `'r'ovement(Off Site' Suototai { $0.00 S'anifa Sewer im p,o,rerrent Subtotai $0.001 ,. - ---- - Traffic Si"nals/Signs/Striping Subtotal f $0.00 Landscaping`(LMD, publicly maintained areas) _ - c TOTAL OFF-SITE IMPROVEMENTS $0.00 A Cu Plan checking fee 4% Reso. 92-344 =344 ) $0'. 0 inspection fee 4%(Reso.;92 ::.. . . ; TOTAL OFF-SITE FEE j S0,00 Cl) N Cl) MAP CHECK"FEE PMITR Number AIn of IMg Amr)i IN? a = f- , Q N ON-SITE IMPROVEMENTS TOTALS Site Improvement Private Area)$ «° Landscapin (Private Areas) `n TOTAL;ON-SITE IMP ROVEMENTS $ a u_ Plan checking fee 2% Reso.9Z-344-) Inspection fee 3% Reso;'92-344. $ TOTAL ON-SITE FEE $Ob00 s v ca w Q c a� Page 5 df 6 E Cu U , Q D-7 1373\1\1183096.9 1373\08\1 183096.11 6/4/2013 Packet Pg. 635 Engineering Division Development Services Department C 300 North"W Street,3`d Floor,San Bernardino,CA 92418-001 N Phone: (909)384-5111 Fax: (909)384-.5115 Q 1, t) Website: wNnv.sbcity.org 0 oan urr1nn E IJUII"ul LVl 11 llul lIIIIII l N Co tb T h ENGINEERING DIVISION IMPACT FEES r Fees Effective:July 15,2009 T a Type ot Fee CD N Local Circulation System Fee -a Type of Development: -Detached Dwelling Units $225.06 —Attached Dwelling Units $150.03: Mobile Home Units* $155.03 E —Commercial Lodging $15503 Commercial/Office $0.243 cs -Industrial Uses $0.147 *Fees for mobile homes shall apply to mobile homes c located in mobile home parks. Regional Circulation System Fee m N. Type.of Development: Cl) -Detached Dwelling Units $2,435.00 T Attached Dwelling Units $1,626.00' N -Mobile Home Units* $1,274.00 T —Commercial Lodging $1,281.00' —Commercial/Office $2.625 T —industrial Uses $i.591 c *Fees for mobile homes shall apply to mobile homes Q located in mobile home parks. W These Fees are.due prior to Issuance of a Building Permit.The Local Circulation System Fee is updated each Judy 15th based on the ENR Construction Cost U Index. Q- u_ The Regional Circulation System Fee is updated .� annually by Resolution of the Mayor and Council. E The total Traffic Circulation System Fee is the sum of U the Local and Regional Circulation System Fee for w each unit. Q E 1 .1= V R r a D-8 1373\1\1183096.9 1373\08\1183096.11 6/4/2013 Packet Pg:,636 Type I • 1 / -1 Sewer Connection Fee: — .Inspection Fee $28.19c Sewer Connection Fee C� — Residential $405;53%bedeboth Q Mobile Nomes $405.531 mobile home; Q :Motels and Hotels $16184 Dwelling-unit I Commercial,Institutional;,and Industrial $323':69/3,000 SF ' w I The Connection Inspection Fees are updated each. 2 July 15-°k based on the.ERN Construction Cost Index. 1~�- These fees are due at;the time the application.for 'connection. t These fees are not applic.able:'to depeiopmentwithin a. the ease,valley.Water District service:area. t5 N Sewer Capacity' E Residential.(Thit4dO5 subject to change on March 1 o(each.year] - Multi Family,(over Units Mobile Homes, $12.45/gallon of sewage Motels,Hotels,Commercial,.Institutional and effluent as<estimated by Industrial.(Thisloee,]s subject to change on the Water Department., E March i of..each year) W Outside service area fee(Real Prop ) $1,341).Oa 'S These fees are not applicable to:.developrnentwithin c the East:Valley Water District service area, cn N �StormDraln Fee M -� Typed Use betach.ed Dwelling.Units333:,15 �! :Attached.Dwelling Units :$"1,5.65A& r :Mobile Home Units $3;(1'17,42 :Commercial Lodging and Commercial%Office 86 Industrlal Users• $i 6g ' o CL m :CSDP Project 3-5(Pepper/Randall)Strout Drain,Fee; All projects $j 2 633..33jgr6ss aft: . CU CU -Alt Drainage Fees are updated each July 15`h based on u' the ERN Construction Cost.Index.TheseFees are due n� at the time of application,for Building Permits: 1 .1 w `derdemont Fees o — Chestnut Drainage Fee $0.289/SQ.FT not to. m Q exceed$3,171.79 -_ — Palm Box,Culvert/Signal Fee $0.022 w Q ai 2 �a Q D-9 1373\1\1183096.9 1373\08\1183096.11 6/4/2013 Packet Pg. 637 6.B.h Type of Application Law Enforcement Fee: rs ---Type of Use o e - Detached Dwelling.Units $617.46/unit N - Attached Dwelling Units $547.07/unit Q - Mobile Home Units* $349.71/unit. - Commercial Lodging $343.94/unit N - Commercial Office $0.75/SQ Fl CO 0 - Industrial Users $0.005%SQ FT *Fees for mobile homes shall apply to mobile home located`in mobile home parks. M r Fire Suppression,Fee: -Type of Use p Detached Dwelling Units $765.30/unit - Attached Dwelling Units $944.09 1unit U Mobile:Home Units* $612.85/unit w Commercial'Lodging $382.78/unit , Commercial Office $0.280/SQ FT - Industrial Users $0.00275Q FT , ca *Fees for mobile homes shall apply to mobile home located in.mobile.home parks. These fees are updated each July 15` based on the: ERN Construction'Cost Index.These fees are due prior to issuance of a Building`Permit. 0 0 Library Facilities Fee: M -Type of Use N $616.32/unit Detached Dwelling Units Attached Dwelling Units $488.21/unit c Mobile.Home Units* $443.19/unit N *Fees for mobile.homes shaltapply to mobile home located immobile home parks, Aquatic Facilities.Fee: i -Type of Use Q, Detached Dwelling Units $315.08 1unit - Attached Dwelling Units $249:28/unit - Mobile Home Units* $226.22/unit Fees fvr iilbiie hvoicS s hail apply til invvilc home located in mobile home parks. a e Public Meeting Facilities Fee: LL -Type of Use +r - Detached. Dwelling Units $1,052.70/unit CD - Attached Dwelling Units $832.70/unit E - Mobile Home Units* $756.80/unit v *Fees for mobile homes shall apply to mobile home w located in mobile home parks. Q c a� E 3 .� 0 V R w Q D-10 1373\1\1183096.9 1373\08\1183096.11 6/4/2013 Packet Pg. 638 Type of Application Fee Parkland and Open Space Fee: -Type of Use `y - Detached Dwelling.Units $9,196.00/unit N - Attached Dwelling Units $7,278:70/unit : Q - Mobile Home Units* $6,611.00/unit p *Fees for mobile homes shall apply to mobile home N located in mobile home parks. w Cultural Development Fee: -Type of Use 1/2%of.tne valuation M New and Reconstruction V_ Commercial/Industrial Uses CL T hese fees are updated each Judy 15` based on the V ERN Construction cost Index.Public Meeting Facilities and Parkland and Open Space Fees:will increase by _ 10%on January 1 of each year'through 2009.The 'fees are due prior to issuance of'a Build ng.Permit.. C7 c E L y.I 7 0 M a) Cl) r O N r r N r O Q d EY w w R w rn U a. LL C a> E U f6 a i.: C 4 E V Rf r a D-11 1373\1\1 183096.9 1373\08\1 183096.11 6/4/2013 Packet Pg.639' 6.B.h N Terri orary Fee Reductions ° co and Deferr.als � _ �e��dli�«iufy z1 20 la Expires: August 2s 2014 H a Building&5a fetyDiv isiolf,CoRiinuhityDevetbpirientDepti 'San (�» 3001 Noah]t Sheet,Sair S63Yla[dino CA 4241$ Y- iiai �1! ll1d U Ph(hO9)3$d,sogl Fax (9U9} $4.5Q$0 r CL WCASite www..s5cily.org In a .• • s s t C FEETyPE . APPLICABIC�TV Rfv10UNTOF RE0UCT10N Law En(orce!penti�adlitkt. Aid flew t7ccupanctes, .; $09r:. FirS(rppre3Sloni`As1116e3 Al(NewQccupancres 'U '60-y4dilRles> osi ennai AgtiaiTd Fcilifies: Mew llesidential 5596, m Varkhaitid:AegrilslUOrt.'.:. . NeW'Resld'ential 559E ... ..........,.. Cis Reduction Service Fee t t FEI TYP$ APPLiCJlBluTlf AMOUNT,OF REDUGTJON. Arch , r v e 50°0 more units o M Ilutldmg Plattning•,Review Townhomgsj 50% N DP3 Condominiums, 50% Buildln$Perrti(t Commercial at+d'. 50%i M theneeringpermlt 164119,on Offices 50%. I 0 site((Off site,Landst:aptng� � CV FIN.PIan.Revfew(In3pec trio n SOgb Fife 5`prtnklers " SOW t Issuance f9IdB) x SOY PtanReview'..(Bldg Fire.' Technology (Bldg,�?1nB� 0% Q. W QM P 5096 d ::....• Hydrology 5096 SWPPP " 50% MR!0,13,11"pts .r FEE TYPE: APPLICABILITY R15F IVCE, s1 LawEnfort6"mFti diitfes 'Single-familySU6drv(siortis ofSOr Reso 200$-8T We Suppression Facilities. more.units,and Reso 26(>x47. j LL Library Facilities New Corssrhercial,Office;br. Aquatic Facilities Industrial, N Parkland Acquisition LoCalL Circulation Regional Circulation. Public Meetings Facilities` Q Storm Drain Pius all single=farMIy residence's. Re§&2010.247 and SBMC 3.38.040 d Sewer Connection All single-family residences Only SSMC 13.08.05S(D) IIJS:BIdg and Salcty/_all forms! (reciscd August 2,20t2) V m w Q D-12 1373\I\1183096.9 1373\08\1183096.11 6/4/2013 Packet Pg. 640 1 N T Q 0 Ci7 N 00 00 T Cl T 1 T Q aD V V L W 0 M 67 M T v N r N T 0 LL W W w �n v a c a� E r U fII r-1 Q a% C U t U w Q Packet Pg. 641 6.B.h ATTACHMENT E Tony Stewart f bject: FW:Attendance at Aug. PC Mtg. Frorn: Robe Handy l t� } Xlpl6, FnGayj duly L7� 2V 1.11 i:2V A,kl O 10: George Avery %.c-.Tony Stewart o Subject: Re: Attendance at Aug. PC Mtg. I have met with them twice now and am comfortable with the project and support it. I will be at the meeting. 00 F- Thankc M Rob n c; On Jul 18,2013,at 11:04 AM,"George Avery"<Avery Ge@a sbcity.org>wrote: _ �s Tony, c I too support this project and will attend the next meeting. E E W W ca George Avery y Fire Chief San Bernardino City Fire Dept. M 200 E.3rd St. San Bernardino,Ca.92410 (909)214-0482 CD 6 Q CD 4- h. F+ fA U CL U- C E v Q C E U i fS3 Q L) 1 Packet Pg. 642 ATTACHMENT F s.B.r► p2o�RNARO�~o� Larry Heasley,Chair 9A LnceDu Mulvihill, Vice-hair CITY OF SAN BERNARDINO - Andrew en Amelia S..Lopez Lop COMMUNITYDEVELOPMENT DEPARTMENT o moo D'iN ono• " Frederick Grochulski 300 North "D"Street, San Bernardino, California 92418 Dustin Barnhardt Phone:(909)384-505715071 a Fax:(909)384-5155 Dan C.Jimenez 0 Kent Paxton N Bob Brown,Alternate r a 0 PLANNING COMMISSION MINUTES July 17, 2013 M r a U Cn c •a cts C9 c E L Q� 0 M v M r CD N r T N r O Q. Ndd I.L •F+ W U W c m E s L) Q r c d E t c� w Q Packet Pg.643 Chair Heasley called the meeting to order at 6:00 p.m. Commissioner Grochulski led the flag salute. Present: Commissioners: Heasley, Brown, Barnhardt, Grochulski, Lopez, Machen, Jimenez, Paxton, Mulvihill. Excused: Durr. Absent: None. Staff present: Tony Stewart, Acting N Community Development Director/City Planner; Henry Empeno, Jr., Senior Deputy City Q Attorney; Aron Liang, Senior Planner; Laura Weidemann, Assistant Planner. 0 N CO CO Aron Liang, Senior Planner administered the oath. CONSENT AGENDA: M Tony Stewart, Acting Community Development Director/City Planner recommended that item #1 Minutes of June 19, 2013 meeting and Item #3 Conditional Use Permit No. 13-03, a c) request for a Conditional Use Permit to establish a religious facility at 1018 South Lincoln Avenue in the industrial Light (IL) zone be added to the consent agenda. Staff, to this date, has not received any correspondence with regards to that particular item and felt that it could be added to the consent agenda if the Commission so desires. Commissioner Jimenez made a motion to approve the consent agenda. a) CO Commissioner Brown seconded the motion. 0 ® M The motion carried by the following vote: Ayes: Heasley, Machen, Brown, Grochulski, Jimenez, N Mulvihill, Paxton, Barnhardt. Nays:None. Abstain: None. Excused: Durr. Absent: None. Cn 0 N Henry Empeno, Jr., Senior Deputy City Attorney said that he was unable to inquire prior to calling the vote if there was a member of the public who wishes to have any of the proposed r consent agenda items pulled from the consent agenda for discussion. o CL d Chair Heasley asked if any member of the public or any of the Commissioners wished to pull the minutes of the last meeting or Item#3 from the consent agenda. U Chair Heasley pulled Item#4 from the consent agenda. °,' U. Tony Stewart, Acting Community Development Director/City Planner clarified that the consent agenda included Item #1, the Minutes of June 19, 2013, and Item #3 Conditional Use Permit No. 13-03, which is a request for a Conditional Use Permit to establish a religious facility w in two phases at 1018 South Lincoln Avenue in the Industrial Light zone. Item #2, Conditional a Use Permit No. 13-02, is a continued item and is separate from the consent calendar. E Henry Empeno, Jr., Senior Deputy City Attorney said that Chair Heasley could place Item #2 on the consent agenda to be continued. a Commissioner Jimenez amended his motion to include Item #2 as a continued item on the consent agenda. Page 2 of 14 07/17/13 Packet Pg. 644' Commissioner Brown seconded the amended motion. The motion carried by the following vote: Ayes: Heasley, Machen, Brown, Grochulski, Jimenez, Mulvihill,Paxton, Barnhardt.Nays: None. Abstain: None. Excused: Durr. Absent: None. 0 Chair Heasley thanked the members of the public who completed speaker slips for Item#3. He r clarified that the item was approved. o N PUBLIC HEARINGS o r Tony Stewart, Acting Community Development Director/City Planner introduced the Public Hearing Item#4, Development Permit No. 13-01 and Variance No. 13-05. Cn a Aron Liang, Senior Planner gave a detailed presentation of the project including a map of the M area, zoning map, site plan, and an aerial photograph. He stated that staff recommends that the v Planning Commission approve the Development Permit No. 13-01 and Variance 13-05 and = Mitigated Negative Declaration and Mitigation Monitoring/Reporting Program prepared for the project, based on the Findings of Fact contained in the Staff Report, and subject to the Conditions of Approval, Attachment C. _ E Chair Heasley asked if the applicant had a plan for vegetation/weed control on the permeable a� surface. John Gittens, Applicant said that a State certified applicant will apply herbicide periodically, as needed, to prevent weeds. M r Hank Mitchell spoke in opposition of the project. N John Gittens, Applicant explained that a gravel surface and the screening should keep the wind C'4 and dust levels down. c a a� Commissioner Mulvihill made a motion to approve Item #4, Development Permit No. 13-01 and Variance No. 13-05 based on the Findings of Fact,based on the Conditions of Approval. Commissioner Machen seconded the motion. a. w The motion carried by the following vote: Ayes: Heasley, Machen, Brown, Grochulski, Jimenez, c Mulvihill, Paxton, Barnhardt. Nays: None. Abstain: None. Excused: Durr. Absent: None. E t U Henry Empeno, Jr., Senior Deputy City Attorney explained procedural due process, conflict Q of interest and quasi-judicial issues concerning Agenda Item #5 Tentative Tract Map 18829 r (Subdivision 11-03), Conditional Use Permit 11-13 and Development Agreement 12-02 (Waterman Gardens). Mr. Empeno explained that the City Attorney's office received a communication from a resident in the City asking whether Commissioner Kent Paxton, has a conflict of interest in this matter. Q Commissioner Paxton discussed his former role with the Mayor's office. Mr. Paxton explained Page 3 of 14 07/17/13 Packet-Pg.645'- that he sits on the board of a non-profit company called K.E.Y.S. (Knowledge Education for Your Success) that works with the Housing Authority. Mr. Paxton clarified that K.E.Y.S. provides case management services to move residents to economic self-sufficiency and works with the Housing Authority on many projects, not just Waterman Gardens. N O Henry Empeno, Jr., Senior Deputy City Attorney asked that staff distribute a document to the r Planning Commissioners. Mr. Empeno introduced the document that mentioned the Choice o Neighborhood initiative which was sent to the City Attorney's office from a resident via email. N 00 00 Commissioner Paxton explained that he was involved in many initiatives when he worked with the Mayor's office. Mr. Paxton said that Choice Neighborhood was a federal initiative that came down the pike, that he was involved in, on behalf of the Mayor's office. Henry Empeno, Jr., Senior Deputy City Attorney explained conflict of interest, violation of due process and fair hearing. _ Commassaoner Paxton asked if his involvement with the Mayor's Office would qualify as a f0 conflict. c� _ Henry Empeno, Jr., Senior Deputy City Attorney stated that he did not know what actions E Commissioner Paxton has made or what statements he has made that might profess support for this project. M Commissioner Paxton said that for the record he feels like he does not have a conflict of N interest. Mr. Paxton said that be would be happy to excuse himself from the vote. Cq 0 N Chair Heasley thanked Commissioner Paxton. r Tony Stewart, Acting Community Development Director/City Planner introduced Agenda o Item #5 Waterman Gardens Project, also known as Tentative Tract #18829, Subdivision 11-03, Conditional Use Permit 11-13, Development Agreement 12-02. r cz Aron Liang, Senior Planner gave a brief presentation of the project. v a 0 Chair Heasley called a ten minute recess, to reconvene at 6:55pm. w _ a� Chair Heasley reconvened the meeting at 6:55pm. R w w Aron Liang, Senior Planner administered the oath of office. ¢ r as Steve PonTell, President of National Community Renaissance,Applicant gave a presentation = of the project. w Michael Pyotek, Project Architect gave a presentation of the project. (Ohl, Commissioner Mulvihill asked what the timeline would be for completing the project. Page 4 of 14 07/17/13 Packet Pg.646 6Bh PonTell, Steve President of National Community Renaissance, Applicant explained that this is a very large, very complicated development that would be completed in stages. Mr. PonTell went on to say that it would be estimated to be a six to eight-year time frame in order to move through all the phases. He said that the exact phasing schedule would be determined by a o number of external factors, primarily tied to the various sources of funding. Mr. PonTell said that for example, the senior component of this project will be tied to a tax credit application and 0 the opportunity to be able to get in the tax credit queue, make application and win a coiiipetitive N process. Mr. PonTell estimates a six to eight year timeline for completion of the development. 00 Commissioner Mulvihill asked if they are demolishing a part of the development, what happens to the residents who are going to be moved. Steve PonTell, President of National Community Renaissance, Applicant said that was a :3 great question. Mr. PonTell believes they will be able to accommodate all of the relocations c` within the context of the development itself He said that relocation dollars are valuable. Mr. PonTell said that it is his belief, and it is the plan that has been laid out and will built; to � relocate,build, relocate, build, and keep the residents within the community throughout the entire c� life of the development. E Commissioner Mulvihill asked what the turnover rate is now. CU Steve PonTell, President of National Community Renaissance, Applicant deferred to Dan M Nackerman. N M r Dan Nackerman, President and CEO of the Housing Authority of the County of San Bernardino said that up to three residents a month would move from this development. r Commissioner Mulvihill asked if they are demolishing a major part of the development, how o will the residents be moved onto other parts of the development,with such low turnover. Dan Nackerman, President and CEO of the Housing Authority of the County of San cc Bernardino said that they will be freezing vacancies soon and will start to accumulate vacancies. U Mr. Nackerman explained that they will begin a leap frog approach where they start to a accumulate vacancies site-wide and then they move people to one spot and start construction on r another spot, etc. Mr. Nackerman said that they are also very involved in some other sites in the E neighborhood that may well serve as relocation sites. He said that one site in particular may be brought to another Planning meeting for. a Commissioner Mulvihill asked about security and whether or not they will build a fence around it. Mr. Mulvihill asked if the individual units are alarmed. E t Steve PonTell, President of National Community Renaissance, Applicant said that he Q believes that he will be able to accommodate a significant amount of the relocation on the site itself. He explained that as the vacancies are accumulated, residents will be relocated on site. Mr. PonTell said that in regards to security, it falls into two primary categories. Mr. PonTell will Page 5 of 14 07/17/13 Packet Pg:647 6.B.h ask the architect to talk about current design features where you design defensible space and the learning that has occurred along those lines. He said that they will be working very closely in partnership with law enforcement and lighting and other security measures. Mr. PonTell explained that it is important to realize management manners. Mr. PonTell said that he pulled the crime reports for this neighborhood from Januaiy through June, and saw that the sa cst place to live within the area, is in Waterman Gardens. Mr. PonTell explained that Waterman Gardens has TNe full time management, and significant interaction and supervision with the residents. He said a 0 that it is a perception issue. lair. PonTell explained that the reality is the cr-Irne on this site is and N will continue to be one of the strongest assets. co T Chair Heasley asked how many of the residents will be retained on site. He asked for a percentage, as opposed to those who may have to be relocated off-site. Mr. Heasley asked for hard numbers. He also asked if 100% of the people are going to be retained within the site CL through the process. D U Steve PonTell, President of National Community Renaissance, Applicant responded that he does not have specific numbers at this time. Mr. PonTell said that to house people during the `a construction period, that he is in discussion with some of the surrounding properties' owners. c� Mr. PonTell said that as Mr. Nackerman just alluded to, he plans on being back before the Planning Commission with the possibility of an adjacent site for development that would be able to accommodate 100% of all the relocations necessary. Mr. PonTell said that it is his intent to work through a relocation plan for the benefit of the residents and the neighborhood that keeps the residents within the community, keeps the kids in the schools they are in, keeps the M businesses currently realizing the benefit of those residents and business. He said that the goal is 100%of the residents will stay in the neighborhood throughout the entire construction process. M 0 N Commissioner Lopez asked about the relocation plan. She inquired about the assistance that relocated residents will receive. Ms. Lopez also asked about the construction timeline. She r expressed concern that residents will need to find their own housing for six to eight years. Ms. o Lopez went on to say ask if current residents will be guaranteed a place in the newly constructed d facility. She asked just how many families will be able to return. Lo R Steve PonTell, President of National Community Renaissance, Applicant, responded that there are specific federal laws in regard to relocation and that all laws will be followed. He asked e that Mr. Nackerman speak to the legal requirements of the relocation process. U. c a� Dan Nackerman, President and CEO of the Housing Authority of the County of San Ec Bernardino explained that all residents will not have to move at once. He said that residents will be moved and moved back slowly over the five to eight year period. Mr. Nackerman said Q that some residents may have to move twice. He explained that there is a legal matter called the Uniform Act which requires that we take care of the residents in moving them and in moving E them back. Mr. Nackerman said that the relocation plan is a formal legal document and that the intent is to keep people as close or as close as possible over the many years. He said that Q residents will have a choice to stay as long as residents haven't, for example,violated the lease or been involved in crime. Page 6 of 14 07/17/13 Packet Pg.648 Commissioner Barnhardt asked about moving the residents of Waterman Gardens towards home ownership. He asked if that is that a different policy than what is happening now? Steve PonTell, President of National Community Renaissance,Applicant explained that they assist lower income residents purchase homes and move into the middle class. Mr. PonTell said c that they work with the families in areas of job training, cleaning up credit and becoming homeowners. ¢ 0 1 N Commissioner Jimenez asked how all the amenities are funded. Mr. Jimenez asked if it was o T through federal funds. Steve PonTell, President of National Community Renaissance, Applicant answered that not all the funds are federal. Mr. PonTell explained that other nonprofits, school district, and health care providers may provide funding. He said that Choice Neighborhood is one of the federal v grants that they will apply for. Coy nUssioner Jimenez asked how the amenities will be sustained. Mr. Jimenez asked if the residents will be responsible for the maintenance of the aquatic center, gym, education programs, c� if the funds dry up. ca L a) Steve PonTell, President of National Community Renaissance, Applicant said that the management and developer will be responsible for the ongoing operation of the facilities. Chair Heasley asked if the amenities will only be available to residents of Waterman Gardens. Mr. Heasley asked if they be available to the surrounding residents. M 0 N Steve PonTell, President of National Community Renaissance, Applicant said that the amenities will be available to the surrounding community as well. r 0 CL Chair Heasley asked if anyone from the public could use the facilities. Mr. Heasley asked if use would be on a cost basis. , Steve PonTell, President of National Community Renaissance, Applicant explained that the v intent is that the amenities will be open to the public, based on the operating procedures of a whomever they partner with. Mr. Pontell said that if Cal State provided the educational programs, they would work with Cal State within their operating procedures. a) U Commissioner Lopez asked about the off street parking spaces. w Dan Nackerman, President and CEO of the Housing Authority of the County of San m Bernardino explained that there are parking spaces inside the development. Mr. Nackerman = said that there will be parallel parking for guests, for example. cc Dan Nackerman, President and CEO of the Housing Authority of the County of San Bernardino explained the strategies for security of the Waterman Gardens development. Page 7 of 14 07/17/13 Packet Pg.649 F6.B.h Commissioner Mulvihill asked if there will be fencing around the perimeter of the development. Dan Nackerman, President and CEO of the Housing Authority of the County of San Bernardino explained that they are not considering fencing at this time. Mr. Nackerman said that a gated community approach doesn't work and sends the wrong message to the community. o N Chair Heasley asked about the crime statistics surrounding the Watennan Gardens community. o W N Steve PonTell, President of National Community Renaissance, Applicant said their eighty- o four communities throughout California promote positive neighborhoods. Dan Nackerman, President and CEO of the Housing Authority of the County of San Bernardino explained that residents of their communities do not have arrest records. Mr. a Nackerman explained that the police department is preparing crime statistics. He said that the v perception is different than reality. Mr. Nackerman said that they screen residents back ten years, and evict residents that are involved in violence or serious drug activity. Mr. Penman, City Attorney said that evicting resident because of an arrest would be illegal. Mr. Penman explained that under California law, the Housing Authority would not have access to criminal records for background checks. E Dan Nackerman, President and CEO of the Housing Authority of the County of San Bernardino said that there were a series of laws passed in the late 1990s, commonly referred to a as the one strike laws. Mr. Nackerman disagreed with the City Attorney's office. M r Mr. Penman, City Attorney said that he strongly disagrees with the statement that residents can N be evicted due to an arrest. Mr. Penman also said that he was concerned about the disparity regarding what he has heard about the number of residents that will be returned to the r development and what is being stated this evening. c a as Steve PonTell, President of National Community Renaissance, Applicant stated that there is no net increase in the housing authority's public housing associated with this proposed development. Mr. PonTell explained that the number of public housing units there today will be v the number of public housing units there after this development is in place. He said that with regard to the relocation conversation, at this point they are working on a plan to maintain 100% of the residents in the neighborhood. Mr. PonTell said that the relocation plan has not yet been E developed and is not in the information before the Planning Commission tonight. r w Comissioner Jimenez asked about the sustainability and maintenance of the proposed Q development. Mr. Jimenez asked who will be responsible for the yards, and if there will be fees to the homeowners. He also asked about the AMIs. Mr. Jimenez asked how many people are in E the 100th percentile or over when they purchase a home in a development like this. ca w Steve PonTell, President of National Community Renaissance, Applicant said that there will be normal CC & Rs and normal homeowner's responsibilities to maintain their yards. Mr. PonTell explained that there may be common maintenance fees for the common areas. He stated Page 8 of 14 07/17/13 Packet Pg. 650 that normally 80% of their residents are in the 60% and below percentile and the other 20% are market rate. Commissioner Barnhardt asked about the 30 versus 38 units for sale. Mr. Barnhardt asked why the number of units for sale is so low. o _ Steve PonTell, President of National Community Renaissance, Applicant said that based on Q 0 the design and the market at the time,that is the number of units that best fit the site. N CO CO Henry Empeno, Jr., Senior Deputy City Attorney asked about the number of housing units. Mr. Empeno said that there appears to be an increase of at least 123 housing units. M T Steve PonTell, President of National Community Renaissance, Applicant explained that the a units are mixed. Mr. PonTell said that some are market rate, some are public housing, and some are home ownership. He stated that the senior units are not public housing units. Mr. PonTell said that they will obtain the breakdown of all the units and get it to the Commissioners before the evenings end. Henry Empeno, Jr., Senior Deputy City Attorney also asked for documentation regarding the c exact number of market rate units. E Y Commissioner Grochulski asked about the access to the parks. Mr. Grochulski asked if any resident of San Bernardino would have access to the parks, and if there would be a nighttime curfew. M T Steve PonTell, President of National Community Renaissance, Applicant explained that any N public spaces would be accessible to all residents. Mr. PonTell said that he was not aware that it would be different than the management of any other public facility. 0 Commissioner Mulvihill asked about affordable versus market rate. Mr. Mulvihill asked how d the units are filled. He asked if a market rate apartment would remain vacant if only affordable applicants were received. Steve PonTell, President of National Community Renaissance, Applicant responded that that a is correct. U- d Commissioner Machen asked about the long term public transit element of the development. �o Y Y Steve PonTell, President of National Community Renaissance, Applicant said that current Q property is served by the transit agency. Mr. PonTell said that he will negotiate and work with them and make sure all the appropriate stops and facilities are still in place. He explained that he E intends to have a strong direct connection to the SBx line so residents will have access to multiple employment centers throughout the city. a Marcell Chao, Pyotek discussed current and proposed bus lines. Page 9 of 14 07/17/13 Packet gg-651 6.B.h Dan Nackerman, President and CEO of the Housing Authority of the County of San Bernardino clarified that out of the 411 proposed units 74 units are senior housing, 38 are homeownership, 47 are market rate, multi-family, 252 are public housing to replace the ones demolished. N 0 Steve PonTell, President of National Community Renaissance, Applicant said that these numbers are not included in the application to the Planning Commission. o N Chair Heasley asked that all the information be in writing to the Commissioners in order to co make a firm decision. Mr. Heasley expressed concern regarding maintenance of the improvements to the surrounding streets, the median on Waterman and the median on Baseline. He asked who will maintain those medians in the future. T Steve PonTell, President of National Community Renaissance, Applicant said that the developer will maintain all the onsite improvements. He is unsure of who will be responsible for v the off-site improvements. L Aron Liang, Senior Planner pointed out that according to the conditions of approval numbers c� 21 thru 24, maintenance would be covered under an LMD. E a� Henry Empeno,Jr., Senior Deputy City Attorney asked about the development agreement. PUBLIC COMMENTS M Alexus Ochoa, Resident spoke in favor. 0 N John Matley,DMV Neighborhood Association, spoke in opposition. r N T Commission Machen asked what the DMV neighborhood association was. o d John Matley, DMV Neighborhood Association said that the association is a cluster of neighborhood associations that runs from Highland on the north to Baseline on the south and w from Waterman to D Street. v a Commissioner Brown asked if it is a for profit association. c d John Matley, DMV Neighborhood Association said that it was a nonprofit organization, made up of volunteers. a Jeniffer De La Rocha, Resident spoke in favor. E A.J. Garcia,Resident spoke in opposition. w w Rafael Lugo,Resident spoke in favor. Debbie Matley, President of DMV Neighborhood Association, spoke in opposition. Page 10 of 14 07/17/13 Packet Pg:652 Iverson Chief Operating Officer of the Children's Fund spoke in favor. Stacey p g p Juan Figeroa,Resident spoke in opposition. 0 Michael Gallo,Resident spoke in favor. Q 0 Hans v andertouw,Resident spoke in opposition. N co co Jessie Munoz,Resident spoke in favor. F- Dora Barilla, Loma Linda Resident, spoke in favor. T T a Philip Mangano,American Round Table spoke in favor. D U Judy Milsna,Resident spoke in favor. L Sandra Owen Olivias,Resident spoke in favor. c Yvette Pagon,Resident spoke in favor. E Dan Nackerman, President and CEO of the Housing Authority of the County of San Bernardino spoke in favor. Judy Penman,President and CEO of Chamber of Commerce spoke in opposition. 0 N Steve PonTell, President of National Community Renaissance, Applicant summarized the proposed development. 0 Chair Heasley asked if current residents have to re-qualify financially for residency in the new development. Mr. Heasley expressed concern that current residents will be priced out of the new development. t° YA v-i U Steve PonTell, President of National Community Renaissance, Applicant explained that the a income/rent calculation remains the same for the units in the new development. Mr. PonTell said that a resident whose income has gone up dramatically might not qualify for affordable housing. E U Dan Nackerman, President and CEO of the Housing Authority of the County of San r Bernardino explained that the information discussed can be written into the Development Q w Agreement. Mr. Nackerman said that the resident's rent is based on a percentage of their income; not on the size of the unit, or the quality of the unit. He explained that the Federal E government subsidizes the rest of the rent. Mr. Nackerman said that the moving costs are paid for by the development. Q Commissioner Mulvihill asked Mr. Stewart if the Planning Commission is looking at the Development Agreement tonight. Page 11 of 14 07/17/13 Packet Pg:653 1 nner responded Tony Stewart, Acting Community Development Director/City P a that was correct. Commissioner Mulvihill asked if the Planning Conunission could delay making a decision until c a complete Development Agreement can be reviewed. N Q 0 Tony Stewart, Acting Community Development Director/City Planner said that the Planning N Commission could delay if additional time is needed. o Commission Lopez expressed concern about the details of the development agreement, the high density, the large number of amenities, the upkeep of these amenities, and the relocations. a. r r Steve PonTell, President of National Community Renaissance, Applicant said a normal development process creates entitlements of opportunity for the developer to pursue. c as Chair Heasley said that due to the complexities of the proposed development he would like to request that the rest of the details be given to the Commissioners. _ to Commission Mulvihill said that he would be in favor of the project if he had more specifics. aEE Mr. Mulvihill moved to continue the discussion to August 21St Chair Heasley asked the applicant if would need a one or two month extension. M N Steve PonTell, President of National Community Renaissance, Applicant said that a one M month extension would suffice. N T Commissioner Jimenez asked what the typical Watennan Garden's resident pays in rest. 0 Dan Nackerman, President and CEO of the Housing Authority of the County of San Bernardino said that currently the average rent was $290.00 per month. c� Commissioner Lopez asked for input from the City Attorney's office in regards to the a Development Agreement. U- Commissioner Machen seconded the motion. The motion carried by the following vote: Ayes: Heasley, Machen, Brown, Grochulski, Jimenez, Mulvihill, Barnhardt.Nays: None. Abstain: Paxton. Excused: Durr. Absent: None. a w The motion was carried unanimously. E w Q PUBLIC COMMENTS -ITEMS NOT ON AGENDA No comments. Page 12 of 14 07/17/13 Packet P6-.',,6)5-4' PLANNING COMMISSION REPORTS/ANNOUNCEMENTS a DIRECTOR'S REPORT 0 Tony Stewart, Acting Community Development Director/City Planner said that he should N have a recording secretary next month. Mr. Stewart recommended that a refresher course of co regulations for new commissioners should be held sometime in September. Chair Heasley asked if Mr. Empeno could have addressed Mr. Paxton about the conflict of interest outside the public hearing. a Henry Empeno, Jr., Senior Deputy City Attorney said that he needed to have the dialog in the v open session. _ Commissioner Jimenez asked about the number of Planning Commissioners and the t� appointments of Planning Commissioners. L d Henry Empeno, Jr., Senior Deputy City Attorney explained that there are seven commissioners appointed by Council Members. Mr. Empeno, said the Mayor has two regular appointments, and the Mayor can also appoint alternates. Commissioner Lopez asked if a Police Department representative should attend the next meeting. c°•,. T Tony Stewart, Acting Community Development Director/City Planner said that the Fire Chief as well as the Police Chief will be invited to the next Planning Commission meeting. o a a� Chair Heasley said that crime increases around public housing. co co Henry Empeno, Jr., Senior Deputy City Attorney advised the Commissioners to not discuss v the project while the other parties are not in attendance. a LL The motion carried by the following vote: Ayes: Heasley, Machen, Brown, Grochulski, Jimenez, E Mulvihill,Barnhardt. Nays: None. Abstain: None. Excused: Durr, Paxton. Absent: None. r r E ADJOURNMENT w Commissioner Barnhardt made a motion, seconded by Commissioner Grochulski to adjourn the Planning Commission meeting at 9:50 p.m. Page 13 of 14 07/17/13 Packet Pg ,655� The motion carried by the following vote: Ayes: Heasley, Machen, Brown, Grochulski, Jimenez, Mulvihill, Barnhardt.Nays: None. Abstain: None. Excused: Durr,Paxton. Absent: None. I The next regular meeting was scheduled for Wednesday,August 21, at 6:00 p.m. in the Council c9� Chambers,First Floor, 300 North"D" Street, San Bernardino, California. N CO 00 T Minutes Adopted by Planning Commissioners: M Date Approved: r Minutes Prepared by: a. M U N E Brenda Leggitt Executive Assistant c �a E L d y.. 0 M T N M V- 0 N TIM P N rr L O Q. d 4� r.+ L4 U a U. a� E R Q u E r Q Page 14 of 14 07/17/13 Packet Pg. 656 Agenda Item No. 5 PLANNING COMMISSION STAFF REPORT N CITY OF SAN BERNARDINO PLANNING DIVISION ° N r CASE: Tentative Tract Map 18829 (Subdivision 11-03), Conditional Use Permit o 11-13 and Development Agreement 12-02 AGENDA ITEM: 1 00 HEARING DATE: July 17, 2013 WARD: 1 M OWNER/APPLICANT: Housing Authority of the County of San Bernardino T 715 East Brier Drive a San Bernardino, CA 92408-2841 v Contact: Shirleen Garcia y 909-890-0644 a sgarciaCa),hacsb.com CU REQUEST/LOCATION: E A request for a Conditional Use Permit to construct an affordable housing project and to subdivide a: approximately 38 acres into 8 parcels and a 1-lot condominium subdivision to create a mixed income community and construct a three-story, 73-unit senior housing project with court yards, 338 multi- family and condominium units and a 45,000-square foot recreational facility, a 58,200-square foot N community center, and a 7,400-square foot administration/multi-purpose building. The applicant is also requesting approval of a Development Agreement. The proposed project would be constructed in c eight phases and is located at the northeast corner of Waterman Avenue and Olive Street, in the "! Residential Medium (RM) zone. T Assessor Parcel Number: 0147-211-01, 02, 03 and 04 Q m o: CONSTRAINTS & OVERLAYS: None v; U a ENVIRONMENTAL FINDINGS: u ❑ No Significant Effects ❑ Exempt from CEQA s ❑ Negative Declaration 0 Potential Effects, Mitigation Measures and Mitigation Monitoring//Reporting Program a (available on the City's web site at Ni°w\\_sbcitN.or,— see "How do I..." and "Locate..." and click Planning Documents) aD E STAFF RECOMMENDATION: Recommend Approval to the Mayor and Common Council: • Approval a • Conditions ❑ Denial ❑ Continuance to: Packet Pg. 657 TT1418828, CLIP I1-13& DA 12 6 B h.`,7 Hearing Dale: 7.17.13 Page 2 PROJECT DESCRIPTION The applicant requests approval of the following: Tentative Tract Map 18828 (Subdivision 1 1-03) under the authority of Development Code Chapter 19.66 c to subdivide approximately 38 acres into 8 parcels and a 1-lot condominium subdivision, E`1 a a Conditional use Permit 11-13 under the authority of Development Code Chapter 19.36, to construct an N affordable housing project with a mixed income community with recreation, common open space, CO community centers and a three-story, 73-unit senior housing project with court yards, 300 multi-family s units, and 38 condominium units: and M r Development Agreement (DA) No. 11-01 under the authority of Development Code Chapter 19.40, to a set forth binding development agreements between the City and the applicant, v N Specifically, the applicant proposes to subdivide a 38-acre project site into 9 parcels to accommodate an affordable mixed income project. Below a summary of the proposed subdivision: 0 • Parcel 1, 2.54 acres would accommodate 38 condominiums (market rate). E L d Y • Parcel 2. 5.12 acres would accommodate a recreation/community center. • Parcel 3, 4.12 acres would accommodate 73 affordable senior housing units. CD N • Parcel 4, 1.67 acres would accommodate maintenance shops/buildings. N T • Parcel 5, .54 acres would accommodate an administration building. r • Parcel 6, 5.64 acres would accommodate 75 affordable mixed apartment/towi-diouse units. 0 CL a� • Parcel 7, 5.15 acres to accommodate 76 affordable mixed apartment/townhouse units. Y • Parcel 8, 5.76 acres would accommodate 79 affordable mixed apartment/townhouse units. a • Parcel 9, 6.40 acres would accommodate 70 affordable mixed apartment/townhouse units. E The proposed project would demolish the existing 252-residential unit Waterman Gardens Public Housing project that was constructed in 1943. The proposed residential units, a community center, and a other community service-oriented uses would include up to 411 new dwelling units including 337 apartment and townhouse units and 73 affordable senior housing units. The 338 apartment and townhouse units will consist of 57 one-bedroom units (618 sq. ft.), 137 two-bedroom units (813 sq. ft. — 997 sq. ft.), 133 three-bedroom units (1,234 sq. ft. — 1,614 sq. ft.), and 11 four-bedroom units (1,478 sq. ft.). The 73 senior units will consist of 73 one-bedroom (576 sq. ft.) apartments. a The project site is located in the Residential Medium (RM) zone. The RM zone allows a maximum density of 12 units per net acre (18 units per acre for senior projects). The proposed 411 units would result in an overall density of 10.8 dwelling units per acre when considering the 38-acre project area as Packet Pg. 658, i TTAf 18828. CUP I1-13& DA 12 Hearing Date: 7./7.13 Page 3 a whole. This is discussed in further detail in the Analysis for CUP 11-13, below. In addition to the new dwelling units, the project would include a 45,800-square-foot Recreational Center, a 58,200- square-foot Community Center, a 7,400-square-foot Administration Building, and 18,400-square-foot (re-habilitated) Central Shop, Maintenance Building, Recycling yard and Community Garden Building. 9 N, The structures will have variable setbacks on Waterman Avenue, Baseline Street, La Junita Street, and o Olive Street. There will be six vehicular access points to the project site: two along Olive Street N located towards the west and east ends respectively; one located mid-block on La Junita Street, two !2 along Baseline Street located mid-block and towards the east end respectively:. and one located mid- block at Orange Street along Waterman Avenue. Additional pedestrian and bicycle access will be M located throughout the project and traffic calming measures are proposed on Waterman Avenue, T Baseline Street, and Olive Street. The proposed project will include many on-site recreation amenities, a. including the 45,800-square-foot recreational facility and natatorium, pedestrian-only greenways, D walking paths, and three neighborhood parks with playing fields and picnic areas. SETTING & SITE CHARACTERISTICS R The project site is the San Bernardino Waterman Gardens Public Housing, built in 1943. The project site is approximately 38 acres and includes 252 family units in 114 buildings which include 87 single- story duplexes. 24 multi-family townhouses, a management office building, Head Start facility, and maintenance facility. Existing buildings, which are nondescript one- and two-story Federally- Subsidized Public Housing buildings and related structures, range from approximately 11 feet to a maximum of 20 feet in height. Landscaping consists of a large number of mature trees (approximately 500), many of which are in poor health and/or are a hazard, and some turf open space areas. The site is surrounded by urbanized development on all sides, with the exception of an orange grove immediately N r east of the project site. — Surrounding land uses include a mix of general and heavy commercial uses including retail, fast food CL restaurants, a full scale grocer, and medical facilities. Table 1, below, provides a summary of the 0 project site with the land uses of the surrounding properties. CID U LL c m E v c� a E U f6 Y a Packet Pg. 659 TTA418828. CUP I1-13& DA 12 6.B:h' Nearing Date: ..17.13 Page 4 TABLEI - SURROUNDING LAND USES A u �: GENERAL 1�>k► w- EXISTW.G LAND hss ITSE N Subject Site Residential Medium Residential Multi-family i o (Rl`.l) Structures M N 00 North Commercial General Commercial Shopping center � (Across Baseline (CG-1) F Street) East Commercial Heavy Commercial Heavy commercial a. (Across La Junita (CH) uses U Street) �+ c West Commercial General Commercial General Retail (Across Waterman (CG-1) i Avenue) E L W South Commercial Heavy Commercial Shopping center I c (Across Olive Street) (CH) +: N M r BACKGROUND N • June 1941 —the San Bernardino County Board of Supervisors established the Housing Authority of San Bernardino County (HASBC). o CL • September 1942 — permits issued to construct the Waterman Gardens Public Housing Project of 252 multi-family units. • February 28, 1973 — According to County of San Bernardino Assessor records, current property owner, Housing Authority of the County of San Bernardino, became the documented property a owner of the subject parcel. ' u_ • August 1, 2011 —The applicant submitted Conditional Use Permit 1 l-L3 to the Planning Division. _ • March 7. 2012—The applicant submitted Development Agreement 12-02 to the Planning Division. E • March 14. 2013 - The application was reviewed by the Development/Environmental Review 0 Committee and moved to release the draft Mitigated Negative Declaration for public review from a March 21, 2013 -April 19, 2013. _ • June 20, 2013 — The applicant submitted a revised Development Agreement to the Planning a) Division. • July 3, 2013 — Notices to the property owners and residents within 500 feet of the exterior boundaries of the subject property were mailed, providing the nature of the request, location of the Q property, the date, time, and place of the Planning Commission meeting of July 17, 2013, for Tentative Tract Map 18829 (Subdivision 11-03), Conditional Use Permit 11-13 and Development Agreement 12-02. A legal advertisement was sent to the San Bernardino Sun Newspaper for publication on July 7, 2013. Packet Pg.,660 TTAV 18828. CUP 11-13& DA 12 Hearing Dale: 7.17.13 Page 5 2 13 the applicant provided 36 different forms of In addition, from September 14, 2012 to June 27. 0 pp p public outreach to the residents of Waterman Gardens, neighboring businesses, residents, neighborhood associations, etc., held public workshops, etc. A list of the dates and types of public outreach conducted by the applicant is provided as Attachment G. i N r CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) a 0 N A Mitigated Negative Declaration (MND) has been prepared in accordance with CEQA (available on CO the City's web site at xtiwNbcitv.ore — see "How do I..." and "Locate..." and click Planning Documents). The Draft MND identified potentially significant impacts of the project with regard to cultural resources, geology/soils, greenhouse gas emissions, hazardous materials, noise and traffic. r Consequently, the Draft MND also discusses avoidance measures incorporated in the project design, a and numerous mitigation measures proposed to further reduce potential impacts of the project. M including, but not limited to, roadway improvements and traffic calming methods, construction noise requirements, the use of energy efficient building materials, etc. The Draft MND was circulated for public review from March 21, 2013 to April 19, 2013. Comments were received on the Draft MND. 7 These comments, and the responses to comments, are provided in the proposed final MND, 0 Attachment E. Mitigation measures presented in the MND have been included in the Mitigation Monitoring/Reporting Program (MM/RP), in Attachment E, and also incorporated by reference in the Conditions of Approval (Attachment Q. The mitigation measures in the MM/RP will reduce all of the impacts of the project to less-than-significant levels. 0 ® M Having considered the potentially significant impacts of the project, the City determines that all N feasible mitigation has been adopted to reduce or avoid the potentially significant impacts identified in M the MND, and that those mitigation measures proposed will reduce all potentially significant impacts N to less-than-significant levels and no additional mitigation is required to further reduce significant r impacts. Specifically, project components in the project plans/proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study were released for public review o would avoid the effects or mitigate the effects to a point where clearly no significant effect on the a environment would occur. There is no substantial evidence in light of the whole record before the W public agency that the project, as proposed.may have a significant effect on the environment. w U ANALYSIS U- Conditional Use Pen-nit: a HASBC is requesting a 25% density bonus as part of the development component pursuant to E Development Code Section 19.04.030 (2) (D) and Government Code Section 65915. Development Code Section 19.04.030 (D) (2) requires a.Conditional Use Permit for a density bonus. For the purpose a of the Development Code, "density bonus" shall mean a density increase of 25% over the otherwise maximum allowable residential density under the RM zone and the General Plan. The RM zone E permits a maximum density of 12 units per net acre. As proposed with the 25% Density Bonus 0 pursuant to Development Section 19.04.030 (2) (D) and Government Code Section 65915, the density a becomes at 15 units per net acre (12 d.u./net acre x .25 = 3. 12 + 3 = 15 d.u./net acre). Further, the parcels created by TTM 18828 will meet the lot size and density bonus of the RM zone, and will be consistent with the Development Code, as shown in Table 2: Packet Pg. 661 7TA918828. CUP 11-13 car DA 12 Hearing Date: 7.17.13 Page b Table 2 DEVELOPMENT CODE CONSISTENCY S.DITV 11. TSIZ " Parcel 1: 22.54 acres 14,400 sq.ft(minimum) 38 Condo Units 14.96 d.u./net acre o Q Parcel 2: 5.12 acres N/A N/A N co Community Center 000 ' S H Parcel 3: 4.12 acres ~ 73 Senior Units 17.96 d.u./net acre(*) 14,400 sq. ft(minimum) IL Parcel 4: 1.67 acres N/A v Maintenance Shops N/A Parcel 5: .54 acres N/A Administration Building N/A L Parcel 6: 5.64 acres 75 Mixed Units 13.30 d.u./net acre I 14,400 sq. ft(minimum) I c f M v Parcel 7: 5.15 acres 14.76 d.u./net acre 14,400 sq. ft (minimum) 76 Mixed Units N Parcel 8: 5.76 acres 13.72 d.u./net acre 79 Mixed Units 14,400 sq. ft(minimum) t= 0 CL Parcel 9: 6:40 acres 10.78 d.u./net acre 70 Mixed Units 14,400 sq. ft (minimum) c� (*)Please note that the RM Development Standards for density for senior housing is 18 d.u./net acre. c) CL LL As permitted by Development Code Section 19.04.030 (2) (D) and Government Code Section 65915, HASBC is requesting three concession items as follows: 1. Private Open Space requirements - the applicant is requesting a concession from private open a space requirements per Development Code Section 19.04.030 (2) (L) (2). Development Code a Section 19.04.030 (2) (L) (2) requires that each dwelling unit shall have a private (walled) patio c or balcony not less than 300 square feet in area or 25% of the dwelling unit size, whichever is E less. HASBC proposes an average of 247 square feet in private open space. Table 3, below. U provides a summary: Q Packet Pg. 662 TTN1 18828. CUP 11-13 & DA 12 Hearing Date: 7.17.13 Page 7 QTable 3: Private Open Space Requirements Required:Prhate Prrnided: Private Unit Unit Type Emil Descri tion Unit size Open Space fsgf l Open Space(sgft) Al T1 78R-seniors 3-5 ft n;'a• 102 0 1 SR A,2 1 BR flat-singleVcouples 618 sqft 135 104 N 61 2 8R flat (aocessib4ei 813 203 105 a O 02.i 2 BR townhouse i2 stom 998 sqft 250 269 04 82-12 2 BR townhouse Q sto `t 997 sqft 49 282 ccoo 2 BR 33 2 SR flat (senior building manger unitl 1,08$sqft n:a• 154 °r° C1 3 BP,tmvnhouse(2 storv) 1.241 sqft 300 267 C2 3 BR tcAmhouse i2 story`-accesubiel 1,234 ft 300 294 ~ M C3.1 3 BRtrnanhouse(3 stor 20 w.del 1,458 sqft 300 308 r 0.2 3 SR tmvnhouse(3 stony 20 wade) 1;455 sqft 300 308 d 3 SR C4 3 BR shop house t3 stor 25'`tide) 1,614 sqft 300 200 D D1.1 4 BR tommhouse 1,478 sqft 300 289 V 4 BR D1-2 14 BR townhouse(acccessiblel 60', 7 ft 300 289 c 'Part of Senior Building-Private n Space r u rements do not ly. m .a (9 c Pursuant to Development Code Section 19.04.030 (2) (L) (2), private open space is not required for the senior housing project. However, the proposed project will provide 102 square feet of r private open space for each senior housing unit. 0 2. Off-street Parking Requirements the applicant is requesting a concession from minimum off- 0 street parking requirements for: a) the senior housing project, b) recreation and community center, and c) administration center. Development Code Section 19.24.040 requires parking for o the proposed project as follows: N TABLE 4 - OFF-STREET PARKING REQUIREMENTS 0 CL Development Code Proposed Residential: 787 spaces Residential: 787 spaces v a y LL Senior Housing Parking: 88 spaces Senior }lousing Parking: 76 spaces = d E s Recreation Community Center: Determined at Recreation Community Center: 122 spaces a project review a� E Administration Center: 30 spaces Administration Center: 7 spaces r y a Maintenance Shops/Buildings: 10 spaces Maintenance Shops/Buildings: 32 spaces Packet 0' 663` TTA4 18828, CUP 11-13& DA 12 Hearing Date: ?.1?.13 Page 8 3. Setback requirements—the applicant is requesting a concession from minimum project setback requirements for front yard, side yard, and distance between buildings per Development Code Table 04.02, RM Residential Development Standards. Table 5. below, provides a summary of setback requirements: N 0 TABLE 5 - SETBACK REQUIREMENTS a 0 RM Zone Development Code Proposed co co r Front Yard 20' min. 25' Average 16'-9"min. M Side Yard: 2 Story 10' min. (+1' per 15' wall 6'-3"min. r length) a Rear Yard 10' min 10' min. v N Distance Between Buildings 20' min 6"-10" min 0 In return for these concessions,the City will benefit from approval of the project with the following: M E L 4) • The additional units will help the City meet its regional housing needs (RHNA) requirements. as identified in the ]:Mousing Element of the General Plan by providing additional very low-, low- and moderate-income housing opportunities in the City. N • A minimum 30-year affordable housing agreement will be established, per San Bernardino r Development Code Section 19.04.030(2) (D) (I) (e) to ensure the provision of the units N identified as affordable units in the project remain as such (which will also ensure compliance with the RHNA requirements, as noted above). 0 • The site will be redeveloped and brought up to current Code (City. Building, Fire, etc.) 0 standards and additional amenities. including the recreation and community centers will be , constructed. U Infrastructure improvements will be constructed in conjunction with the project. o. U. Other potential benefits of the project include a potential increase in property tax revenues due to an increase in the property's value; increased sales tax revenue generated by new residents of the project patronizing businesses in the community; and this infill project serving as a catalyst for additional Y redevelopment of other sites in the project vicinity. a c CD Based on available funding. HASBC proposes three phasing alternatives for the proposed project: E 0 a Packet Pg.664 7TM 18838. CUP 11-13 R DA 13 Hearing Date: 7.17.13 Page 9 Phasing Option A: ♦ Phase-IA would include demolition of existing structures in the southwest corner of the property and construction of the Recreation Center and Community Center. A total of 50 dwelling units would be removed during this phase. o ♦ Phase-113 would include the improvements to the public roadway surrounding the project site including the traffic calming measures traffic signals along the western portion of Olive a Street. N co ♦ Phase-1C would include the improvements to the public roadway surrounding the project co site including the traffic calming measures including center medians and traffic signals along Waterman Avenue. M ♦ Phase-2A would include demolition of existing 38 existing units and construction of 75 Q new units and the Administration Building in the interior of the site. ♦ Phase-2B would include demolition of existing structures and construction of new y structures in the interior of the site. A total of 38 units would be removed and 76 units a would be created during this phase. ♦ Phase-3A would include demolition of existing structures and construction of new structures in the northwest corner of the site. A total of 18 units would be removed and 73 E units would be constructed during this phase. Phase-3B would include demolition of 48 existing units and construction of 79 new CD structures in the northeast portion of the site. ♦ Phase-3C would include the improvements to the public roadway adjacent the project site M including the traffic calming measures including center medians and traffic signals along N Baseline Street. r ♦ Phase-4A would include rehabilitation of the Existing Central Shop, Maintenance Building, Recycling Yard, and Community Garden Building during this phase. o ♦ Phase-4B would include the improvements to the public roadway surrounding the project W site including the traffic calming measures including traffic signals along La Junita Street. ♦ Phase-5A would include demolition of 14 existing units and construction of 38 new structures along the south edge of the site along Olive Street. ♦ Phase-5B would include demolition of 40 existing units and construction of 69 new units in the southeast corner of the site. E E ♦ Phase-5C would include the improvements to the public roadway adjacent the project site Y including traffic calming measures including traffic signals along the eastern portion of a Olive Street. c a� E a Packet Pg. 665 TTAI 18828, CUP 11-13 ck DA 12 6 B h Nearing Date: 7.17.13 Page 10 Phasing Option B: ♦ Phase-IA would include demolition of 38 existing units and construction of 75 new units in the interior of the site. ♦ Phase-1B would include demolition of 38 existing units and construction of 76 new o structures in the interior of the site. ♦ Phase-2A would include demolition of 18 existing units and construction of 79 new o structures in the northwest corner of the site. N N co co ♦ Phase-2B would include demolition of 48 existing units and construction of 79 new structures in the northeast portion of the site. M ♦ Phase-2C would include the improvements to the public roadway adjacent the project site including the traffic calming measures including center medians and traffic signals along a Baseline Street. v ♦ Phase-3A would include rehabilitation of the Existing Central Shop, Maintenance Building, Recycling Yard, and Community Garden Building during this phase. a �a ♦ Phase-3B would include the improvements to the public roadway surrounding the project site including the traffic calming measures including traffic signals along La Junita Street. M L ♦ Phase-4A would include demolition of 14 existing units and construction of 38 new structures along the south edge of the site along Olive Street. ♦ Phase-4B would include demolition of 40 existing units and construction of 69 new M structures in the southeast corner of the site. � N ♦ Phase-4C would include the improvements to the public roadway adjacent the project site o including traffic calming measures including traffic signals along the eastern portion of "! r Olive Street. ♦ Phase-5A would include demolition of 50 existing units in the southwest corner of the c property and construction of the Recreation Center and Community Center. rr ♦ Phase-5B would include the improvements to the public roadway surrounding the project site including the traffic calming measures including traffic signals along, the western M portion of Olive Street. ♦ Phase-5C would include the improvements to the public roadway surrounding the project site including the traffic calming measures including center medians and traffic signals along Waterman Avenue. E U R y-+ Q C d E t U f6 a+ a Packet Pg.666' TTAI 18828, CUP 11-13 & DA 1 2 Hearing Date: 7.17.13 Puge 11 Phasing Option C: ♦ Phase-IA would include demolition of 18 existing units and construction of 73 new structures in the northwest corner of the site. 0 ♦ Phase-1B would include the improvements to the public roadway surrounding the project site including the traffic calming measures including center medians and traffic signals along o Waterman Avenue. N co co s Phase-2A would include demolition of 38 existing units and construction of 75 new structures in the interior of the site. F- ♦ Phase-2B would include demolition of 38 existing units and construction of 76 new structures in the interior of the site. a ♦ Phase-3A would include demolition of 48 existing units and construction of 79 new 0 structures in the northeast portion of the site. c Phase-3B would include rehabilitation of the Existing Central Shop, Maintenance Building; -a Recycling Yard, and Community Garden Building during this phase. c ♦ Phase-3C would include the improvements to the public roadway surrounding the project site including the traffic calming measures including center medians and traffic signals along a; La Junita Street. � ♦ Phase-3D would include the improvements to the public roadway adjacent the project site M including the traffic calming measures including center medians and traffic signals along N Baseline Street. M ♦ Phase-4A would include demolition of 40 existing units and construction of 69 new T structures in the southeast corner of the site. N V- + Phase-4B would include demolition of 14 existing units and construction of 38 new t: structures along the south edge of the site along Olive Street. m ♦ Phase-4C would include the improvements to the public roadway adjacent the project site including traffic calming measures including traffic signals along the eastern portion of to Olive Street. U n. e Phase-5A would include demolition of 50 existing units in the southwest corner of the LL property and construction of the Recreation Center and Community Center. ♦ Phase-5B would include the improvements to the public roadway surrounding the project site including the traffic calming measures including traffic signals along the western portion ;g of Olive Street. `t c a� Phase 1 would begin in 2013 and last approximately two years. Phase 2 would begin in 2015 and last approximately three to four years. Phase 3 would begin in 2018 and last approximately two to three o years. Phase 4 would begin in 2020 and last just over two years. Phase 5 would begin in 2022 and last a just over two years. The existing project site is currently developed; therefore, demolition activity would occur during the start of each construction phase. The phases would overlap to some extent such that demolition for the upcoming phase would occur during the final months of construction from the preceding phase. Packet Pd.',667 TTA4 18828, CUP 11-13 & DA 124 6.B.h Hearing Date: 7.17.13 Page 12 In addition, since the project will result in the demolition of existing affordable housing units, the applicant must provide a relocation plan for the displaced residents. As described in the Relocation Plan, provided in Appendix L of the draft MND, sufficient replacement housing is available in the area surrounding the project site to house all displaced residents of Waterman Gardens. HACSB will provide relocation assistance and other services as described in the Relocation Plan. Below, Table 6 0 provides a comparison of the proposed and existing unit in sizes: G 0 TABLE 6—COMPARISON OF PROPOSED AND EXISTING UNIT IN SIZES N co 00 Existing Housing Type Unit Size # Units M A 1 BR Duplex 628 SF 26 BR B 2 BR Duplex 810 SF 66 °- BR C 3 BR Duplex 985 SF 64 v BR D 4 BR Duplex 1,054 Sf 14 BR E 2 BR Units 931 SF 68 BR E 5 BR Units 1,862 SF 14 TOTAL: 252 Units E L W Proposed u Housing Type Unit Size # Units Al 1 BR Flat (Senior Citizen Apt) 576 SF 73 M 1 BR apartment 618 SF 57 2 BR apartment 813 SF 9 2 BR Townhome (2 story) 998 SF 117 N 2 BR Townhome (2 story) 997 SF 10 r Flat (Senior Bldg. Manager's Unit) 1,088 SF 1 3 BR Townhome (2 story) 1.241 SF 13 3 BR Townhome (2 story- accessible) 1,234 SF 19 d 3 BR Townhome (3 story 20' wide) 1,458 SF 59 4.. 3 BR Townhome (3 story 20' wide) 1,455 SF 10 r BR Shop House (3 story 25' wide) 1,614 SF 32 U 4 BR Townhome 1,478 SF 9 a 4 BR Townhome 1,478 SF 2 u. TOTAL 411 Units E Neighborhood Impact: Public hearing notices were sent to property owners within 500 feet of the R subject site, as required by Section 19.52.020 of the City of San Bernardino Development Code a (Attachment D). Additionally, the applicant has been conducting workshops and meetings on the proposed project to provide information to the community for over two years (Attachment G). s Multi-family Housing Standards: The project is located in the Residential Medium (RM) zone, which a allows multi-family housing. Pursuant to Development Code Section 191.04.030 (L) (1), all multi- family developments with 12 or more dwelling units shall provide 30% usable open space for passive and active recreational uses. Usable open space areas shall not include rights-of-ways; vehicle parking areas; area adjacent to or between any structures less than 15 feet apart; setbacks; patio or private yards; or slope areas greater than 8%. The site plan provides 32% of usable open space. The proposal Packet Pg 665 TTM 18828. CUP 11-13 & DA 12 Hearing Date: 7.17.13 Page 13 will provide 12.02 acres of open space, which exceeds Development Code Section 191.04.030 (L) (1). Below,Table 7 provides a summary of the open space requirements for the proposed project. TABLE 7—OPEN SPACE REQUIREMENTS N O Development Code Proposed a N • 30% • 32% 00 • 11.41 acres (496,845 sq. ft.) • 12.02 acres (523.712 sq. ft.) M T All multi-family developments shall provide recreational amenities within the site hich may include: 0 a swimming pool spa; clubhouse; tot lot with play equipment; picnic shelter - barbecue area; court y game facilities such as tennis, basketball, or racquetball.. improved softball or baseball fields; or day care facilities. The proposal will provide 27 amenities, which exceeds Development Code Section 191.04.030 (L) (3). Table 8, below, provides a summary of the open space requirements for the c proposed project: E L d TABLE 8 - AMENITY REQUIREMENTS Development Code Proposed M • 6 amenities • 27 amenities N • A combination of a swimming pool, tot lot, • 16 barbecue areas, 5 play structures. 2 picnic shelter. barbecue area. and day care daycare centers, l natatorium (recreation facilities. center). 1 basketball court (recreation Q. center), 1 fountain plaza, and 1 � community garden and kitchen r U a. Additionally, the RM Development Standards for lot coverage is 50%. The proposed project lot coverage would be below the RM Development Standards at 37%. Economic Feasibility: a As stated above, the applicant is requesting a density bonus for several of the subject parcels and d concessions. The purpose of this request is to allow additional units to be constructed within the s project in a cost-effective manner. The applicant has indicated that the GAP financing for the higher density (greater number of units) shown on the attached pro forma (Attachment H) is in-line with a typical industry standards, while the GAP financing for the lower density scenario (12 units per acre maximum, per the Development Code) is too high to be economically feasible to construct or maintain. Packet,Pg: 669 F_6 B:h:'> TTAt 18828, CUP 11-13 & DA 124 Hearing Date: 7.17.13 Page 14 l Development Agreement: In essence, the proposed Development Agreement would lock in the planning/zoning laws in existence at the time of entering into the Agreement and the City agrees not to change its planning/zoning laws applicable to the specific development project for a specific period of time. Therefore future land use decisions regarding such a development project would not be based on o the then current planning/zoning laws, but rather would be based on the planning/zoning laws as they were in existence at the time the Development Agreement was executed. In exchange, the City gets o certain benefits and concessions that it might not be able to require through conditions of approval. N 00 00 The proposed development agreement would grant the developer vested right to redevelop the 2 Waterman Gardens Public Housing and would establish the terms under which the development F- obligation as they relate to development impact fees, traffic mitigation fees, school fees, processing 7 and permit fees. The benefits to the City would include: a) bring new employment opportunities to the a City, b) development of the site would improve the tax base/City revenues, c) the project would z improve the image of the area with new construction, infrastructure, and amenities. The term of the v N proposed agreement is for thirty years. L FINDINGS OF FACT—TENTATIVE TRACT MAP 0 ca 1. The proposed subdivision is consistent 1i,ith the General Plan and the Development Code. �a The proposed subdivision is consistent with the applicable the General Plan and the Development Code. The parcels created will meet the lot size, lot coverage, and development standards as described in Table 2, above. General Plan Policy 2.7.5 requires that development be contingent upon the ability N of public infrastructure to provide sufficient capacity to accommodate its demands, and the proposed project will continue to connect to City water and sewer services, roads. storm drains. and public utilities. CV r 2. The design of the proposed subdivision is consistent i0th the General Plan. c c. m The proposed subdivision will implement the goals and polices contained in the General Plan. "The W Land Use Element in the General Plan (Table LU-2) lists the intended uses for the Residential Land Use District. The RM zone is consistent with this land use district. and allows multi-family, va apartments, and duplex residences in a high quality suburban setting at a density of 12 dwellings per acre (18 dwellings per acre for senior developments). Each proposed parcel will have direct access to a ''- public street. The proposed subdivision will facilitate operation of the existing and future residential E uses, in compliance with the General Plan and Development Code, as shown in Tables 2, 3. 4, 5, 6, and 7, above. a J. The site is physically suitable_far the proposed t}he of development.. E The project site is physically suitable for the existing and future multi-family residential uses. The Tentative Tract Map conforms to the subdivision design standards for minimum lot size and access as Q specified in the Development Code. The parcels will be accessible by existing streets. Connecting to the existing infrastructure surrounding the subject site will provide water, sewer, storm drain, and utility services. Therefore, the site is physically suitable for existing and future residential uses. Packet Pg 670' ` TTM 18828. CUP 11-13& DA 12 Hearing Date: 7.17.13 Page 15 i 4. The site is physically suitable for the proposed density of'development. The site is physically suitable for the proposal in that the proposed subdivision is consistent with the Subdivision Map Act, the General Plan, the Development Code and the proposed parcels will be compatible with the surrounding pattern of development as discussed in Table 2, above. There are no physical constraints on the site that would preclude subdivision and development of the site as proposed. o is N 5. The design of the subdivision is not likely to cause substantial environmental damage, or co substantially and unavoidably injure fish of wildlife or their habitat. s The subdivision will not cause substantial environmental damage or injure fish or wildlife or their r habitat. A comprehensive environmental review was completed according to the CEQA Guidelines to a determine the presence and extent of any environmental impacts, as discussed in the Initial Study (Attachment E), and will be subject to the mitigation measures in the Mitigation Monitoring/Reporting Program (MMRP). Further, the site is currently developed and located in an urbanized area and therefore,will not substantially damage or injure fish or wildlife or their habitat. co 0 6. The design of the subdivision is not likely to cause serious public health problems. E E The design of the proposed subdivision meets all applicable Development Code requirements, which protect the public health and safety. The proposed subdivision will have direct access a public street and provides adequate provisions for drainage water supply, and landscape maintenance as discussed M in the Initial Study (Attachment E). Emergency and public services will continue to have adequate N access to future structures on the site. The proposed project will be subject to the mitigation measures M in the Mitigation Monitoring/Reporting Program (Attachment F) that minimize serious public health N and safety problems. 7. The design of the subdivision and related improvements will not conflict lrith any easements, o acquired by the public at large,for access through or use of property within the proposed subdivision. CL 4.. The design of the subdivision will not conflict with any public easements. No conflicting easements CZ CIO have been identified, but any easements requiring reservation or relocation will be provided for under the review of the City Engineer prior to recordation of the Tentative Tract Map. a FINDINGS OF FACT—CONDITIONAL USE PERMIT E 1. The proposed use is conditionally permitted within, and would not impair the integrity and character of the subject zone and complies with all of the applicable provisions of this Development C Code. c a� The proposed project, an affordable mixed income housing project, is a permitted use under the RM U land use classification, subject to approval of a Conditional Use Permit application. The project proposes less residential density than the maximum allowed by the Development Code, and exceeds the open space/landscaping requirements. The project design is consistent and compatible with other development in the vicinity, and it complies with the standards enumerated in Sections 19.04.030(2)(Q) and 19.04.030 (2) (L) for multi-family and senior housing projects, as well as other applicable provisions of the Development Code, as illustrated in Tables 2, 3, 4, 5, 6, and 7 of the staff Packet Pg. 671 TTM 18828, CUP 11-13& DA 12 Hearing Date: 7.17.13 Page 16 report. Therefore, the proposal would not impair the integrity and character of the subject RM land use district. 2. The proposed use is consistent with the General Plan. iv 0 General Plan Housing Goal 3.1 states: "Facilitate the development of a variety of types of housing to meet the needs of all income levels in the City of San Bernardino". o General Housing Policy 3.1.3 states: "Encourage the development of senior housing in all areas of the CO city, ..........". s General Plan Policy 3.3 states: "Assist in the development of adequate housing to meet the needs of low and moderate-income households". a General Plan Policy 3.1.3 states: "Encourage the development of senior housing in all areas of the City; especially the downtown. where the permissible...." The proposed project will provide additional senior housing opportunities in the central area of the City and additional affordable and market rate rental and ownership housing opportunities in a variety of types and services, consistent with the General Plan goals and policies cited above. E Y 3. The approval of the Conditional Use Permit .for the proposed use is in compliance with the requirements of the California Environmental Quality Act and Section 19.20.030(6) of the M Development Code. N M Approval of this Conditional Use Permit is in compliance with the requirements of the California N Environmental Quality Act and Development Code Section 19.20.030 (6) pertaining to environmental resources and constraints. Approval of the proposed project would not result in any impacts on the environment that could not be mitigated to less than significant levels. Potentially significant impacts t, 0 identified in the Draft Mitigated Negative Declaration will be less than significant with implementation of the proposed mitigation measures in Attachment E. w Y i 4. There will be no potentially significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored LL As noted in Finding No. 3 the proposed project complies with CEQA and Development Code requirements related to environmental review and protection of sensitive natural resources. Evidence E and analysis in the Draft Mitigated Negative Declaration demonstrates that all potentially significant CU environmental impacts of the project will be mitigated to less than significant levels by implementation Q of the recommended mitigation measures. E 5. The location, size, design, and operating characteristics of the proposed use are compatible with the 0 existing and fixture land uses within the general area in which the proposed use is to be located and a will not create significant noise, traffic or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity or adverse to the public interest, health, safety, convenience, or welfare of the City. Packet Pg. 672 TTM 18828. CUP 11-13 & DA 12 Hearing Date: 7.1713 Page 17 The proposed project conforms to all applicable development standards and land use regulations of the RM land use district, as illustrated in Tables 2, 3, 4, 5, 6, and 7of the staff report. Therefore, the design of the project, in conjunction with the recommended conditions of approval, will ensure that the project will 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 will it be adverse to the public interest, health, safety, convenience or welfare of the City. The location, size, design and character of the proposed development will enhance the existing conditions in the area, much to the o benefit of the public interest and general welfare of the City. 04 00 i 00 6. The subject site is physically suilable for the type and density/intensity of use proposed. I As discussed in Tentative Tract Map Finding 4, above, the project site is physically suitable for multi- family and senior housing, developed at the density proposed by Conditional Use Permit 11-13, as a evidenced by the project's compliance with all applicable Development Code Standards noted in Tables 2, 3, 4, 5, 6, and 7. There are no physical constraints that would limit development of a affordable housing project on the site as proposed. Therefore, the site is physically suitable for the proposed project. C9 7 There are adequate proOsions for public access, ii�aler, sanitation, and public utilities and serWces E to ensure that the proposed use mould not be detrimental to public health card sufeiy. �a All agencies responsible for reviewing access and providing water, sanitation and other public services to the site have had the opportunity to review the proposal, and none indicated inability to serve the project site. Standard health and safety regulations will ensure that development of the project will not N be detrimental to public health and safety. 0 N CONCLUSION N r The proposed project is consistent with the General Plan and the design of the improvements conforms c 0. to applicable standards of the Development Code. The project's Mitigated Negative Declaration (MND) has been prepared in accordance with CEQA, and includes mitigation measures that will protect public health and safety. Staff believes that the proposal satisfies all Findings of Fact required CO for approval Tentative Tract Map 18828 (Subdivision 11-03), Conditional Use Permit 11-13 and a Development Agreement 12-02. U- c RECOMMENDATION E .c Staff recommends that the Planning Commission recommend that the Mayor& Common Council: R a 1. Adopt the Mitigated Negative Declaration and Mitigation Monitoring/Reporting Program C (Attachments E & F); and .Ec 2. Approve Tentative Tract Map 18828 (Subdivision 11-03), Conditional Use Permit 11-13 and a Development Agreement 12-02, based on the Findings of Fact contained in the Staff Report and subject to the Conditions of Approval (Attachment Q. Packet Pg.673: TTAI 18828. CUP I1-13& DA 12- 6 B. `�° Hearing Date: ?.1?.13 Page 18 Respectfully Submitted, I-i' Aron Liang c Senior Planner 0 N CO Approved for Distribution: 00 t-- M r Tony Stewart, AICP a. Acting Community Development Director v N Attachment A - Location Map Attachment B - Site and Floor Plans R Attachment C - Conditions of Approval Attachment D—Notice Hearing Notice Attachment E— Draft Mitigated Negative Declaration & Final Mitigated Negative Declaration (CD)* 0 Attachment F - Mitigation Monitoring/Reporting Program Attachment G —HACSB Community Outreach Letter/Meetings and Support Letters Attachment H— Pro forma M T (*) The Mitigated Negative Declaration distributed on July 3, 2013 on a CD, is also available at the c°y City s web: available on the City's web site at xv�\�_\..s_bcit\.oi Planning Division front counter in the r Community Development Department (City Hall, 3"d Floor), Feldheym Library, and County of San T Bernardino - Clerk of the Board of Supervisors and is comprised of the following: Q as Initial Study/Draft Mitigated Negative Declaration : Final Mitigated Negative Declaration U) Preliminary Project Plans a Appendix A: Air Quality Assessment ' U. Appendix B: Archeological Assessment Appendix C: Historic Resources Evaluation Appendix D: Geotechnical Report Appendix E: Phase I Environmental Site Assessment Appendix F: Noise Assessment Q Appendix G: Traffic Study Appendix H: Green House Gas Assessment s Appendix I: Drainage Study 2 Appendix J: Water Quality Management Plan a Appendix K: Wastewater Management and Flow Analysis Appendix L: Relocation Plan Packet Pg. 674 6.B.h ATTACHMENT A —LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION PROJECT: TTM 18828, CUP 11-13 & DA 12-02 LOCATION MAP NORTH a 0 HEARING DATE: 07/171"13 N co cl Pu a Pul om i °z cc ,n ! E r � . N Project Site ®rr'- WH Rdo;atda a1 Rosidsntl l - __ °ry N1awd i M&Aiusn ------� r CLIVE , 3 � O Q public Facilities 'Unit' AI U ; U , a 9 TH �T f Ittdustdal { � W l Light Cu btcksfir£h1 Cu x Ugh Cr _ y E t Packet Pg. 675 ,1 NJ,Flu CITY OF PROJECT: TTM18829, , — LOCATION MAP HlEAKINU j p 4,j!�e ;v,: • • ..� x v .' }fit"' '� ► . '_a� _ < qP ., 1 :"= - "�C:�'��.r�� •1 -��F t 3' jl �'T'; 't.a� � �T �v k3e" •i ! oil. r , tg j �� �`� r �a # a -_ _ 1 � r��x 1,1!„�� _L; !s4'R •15, ! 1 } L.4. ; " . iF p . t , 1 .. � f� ,/f�� ✓�;� is i • A r Gam'7 p � r ?� .x�, :,t� .t '� s ass - '� •�+. ',v4cr r.,=,�,�� RAW,. ATTACHMENT B The project plans were distributed on July 3, 2013 on a CD. o N Q N co co r S_ F i— M r a U N C d L rr�n V ca E a) i+ O M O N M r O N r- r N L O Q. Na) w W fA U a. U- c m E U f� a d E Q Packet Pg.677; r ATTACHMENT C CONDITIONS OF APPROVAL Tentative Tract Map 18828 (Subdivision 11-03) and -- c Conditional Use Permit 11-13. ° Q 1. This approval is for the construction of an affordable housing project and to subdivide approximately 38 acres into 8 parcels and a 1-lot condonlllliUrn co subdivision to create a mixed income community and construct a three-story, 74- unit senior housing project with court yards, 337 multi-family and condominium � units and a 45,000 square foot recreational facility, a 58,200-square foot community r center. and a 7,400-square foot administration/nnilti-purpose building. The proposed project would be constructed in eight pleases and is located at the j northeast corner of Waterman Avenue and Olive Street, in the Residential Medium v (RM) zone. All development must be in substantial conformance with the Site Plans, Landscape Plan. Floor Plans, and Building Elevations, all date stamped February 27. 2013. All conditions must be complied with prior to submitting for building plan check, unless otherwise stated. E 2. Tentative Tract Mats: 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 3: ]lull and void. Expiration of a tentative map shall terminate all proceedings and no M final map shall be filed without first processing a new tentative map. 'The City N Engineer must accept the final map or tentative map documents as adequate for approval by Council prior to forwarding them to the City Clerk. Tile date the final N map shall be deemed filed with the Council is the date on which the City Clerk r receives the map. N T t+ v EXPIRATION DATE: 2 Years after approval by the Mayor and Common Council 3. Conditional Use Permit: Within two years of this approval, the applicant must obtain all necessary building permits and commencement of work/construction must have occurred or the permit/approval shall become null and void. It' alter a. commencement of Construction, the work is discontinued for a period of one year. the permit/approval will become null and void. Approval of the Conditional Use Permit does not authorize commencement of construction. All necessary permits must be obtained prior to commencement of specified construction activities included in the Conditions of'Approval. c m EXPIRATION DATE: 2 Years after approval by the Mayor and Common Council E U f4 .o-. Q Packet Pg. 678 AI 18828. CUP 11-13& DA 12-02 Conditions of'Approral Page 2 r challenged, notify tile' 4. In the event this approval is legally challenged, the City will promptly y applicant of any claim or 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"). any departments" agencies. CD divisions, boards or commissions of the City. as well as any predecessors. successors, assigns" agents" directors, elected officials, officers" employees, o representatives and attorneys of the City front any claim, action or proceeding N against any of the foregoing persons or entities. The applicant further agrees to 00 reimburse the City for any costs and attorneys' fees that the City may be required by a court to pay as a result of such action" but such participation shall not relive applicant of his or her obligation under this condition. � T T 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 permit" this condition shall remain in effect if this c Development Permit is rescinded or revoked, whether or not at the request of applicant. c 5. Prior to installing any signs. the applicant must submit a Sign Permit application to E the Planning Division for review and approval. 6. All perimeter block walls shall be constructed with the decorative finish on both sides (split face, slump stone" etc.). N M 7. All construction sites shall be secured with temporary chain-link fencing, 6 feet in N lie iolit. T N T 8. Garage doors for all homes shall be set into the walls rather than flush with the o exterior walls. A variety of compatible designs shall be used throughout the 0 project. 0: 9. No homes shall be occupied until all conditions of approval have been completed for final sign-off of all permits. U_ 10. All windows, doors, and vents shall be architecturally treated. E t 11. The project shall be subject to all applicable Mitigation Measures contained in the Y Mitigation Monitoring/Reporting Program contained in Attachment F. a c 12. Prior to the issuance of Building Permits, the applicant must demonstrate on the E construction drawings for the project that all exterior light fixtures will be energy efficient. a U. The property owner(s). successors and assigns will be responsible for regular maintenance the site. Vandalism, graffiti, trash and other debris must be removed within 24 hours of first being reported. Packet Pg. 679 6.B.h TTA4 18828, CUP 1I-13 d'• DA /2-02 Conditions Of Approval _ Page 3 14. All necessary drainage and flood control measures shall be subject to requirements of the Land Development Division. The developer's Engineer shall furnish all necessary data relating to drainage and flood control prior to grading permit issuance. Q 15. The development is located within Zone X on the Federal Insurance Rate Map N Number 06071 C8682H with Map Revise date of August 28, 2008. Therefore, the co applicant must raise all building pads above the surrounding area. 16. All drainage from the development shall be directed to an approved public drainage f facility. If not feasible, proper drainage facilities and easements shall be provided to a the satisfaction of the City Engineer. D 17. 11' site drainage is to be outlettcd into the public street, the drainage shall be conveyed through a parkway culvert constructed in accordance with City Standard -a CU No. 400. Conveyance of site drainage over the Driveway approaches will not be permitted. o E L 18. A Storm Water Pollution Prevention Plan (SWPPP) will be required. The applicant is directed to the California State Water Resources Control Board website for the 0 CASQA SWPPP template. The SWPPP shall be accepted by the City Engineer and M filed and approved through the Storm Water Multiple Application and Report "Cracking System (SMARTS) prior to issuance of a grading Permit. c) T V N 19. Prior to issuance of a Grading Permit, the applicant must submit to the Director of r Community Development for review and approval an Erosion Control Plan. The ^� r plan shall be designed to control erosion due to water and wind. including blowing dust. during all phases of construction, including graded areas which are not C proposed to be immediately built upon. 20. "fhe site/grading and drainage plan shall be signed by a Registered Civil Engineer and a grading permit will be required. The grading plan shall be prepared in strict a accordance with the City's "Grading Policies and Procedures" and the City's �- "Standard Drawings", unless otherwise approved by the City Engineer prior to (Yrading permit issuance. E .. U 21. A Landscape and Lighting Maintenance District (I,LMD) shall be implemented to Q maintain landscaping within the following areas: a� E a) The median island located at Waterman Avenue north of Olive Street and South of Baseline Street. E b) The median island located at Baseline Street west of La Junita Street. Q Packet Pg. 680 TTAI 18828, CUP 11-13& DA 12-02 Conditions uj'Appruvul page 4 b 22. All required maintenance districts shall be formed and bo nded y the applicant prior to Map recording. Maintenance district formation requires a minimum of four months after approval of plans. 0 23. The cost of the installation of landscaping and irrigation systems within the Landscape and Lighting Maintenance District shall be bonded as part of the faithful o performance. labor and materials, and warranty bond required for approval by the N City Council and recording of the tract map. o T_ 24. The applicant shall submit separate sets of landscape plans for the Landscape and Lighting Maintenance District. T r 25. The landscaping and irrigation system shall be installed in the Landscape and D Lighting Maintenance District (LLMD) and accepted by the City Engineer prior to application for occupancy of any house in the subdivision. As phasing is c anticipated for this project, the above condition shall be implemented on a phase- by-phase basis. In the event the LLMD has not been accepted by the City the developer may apply for a 'temporary occupancy' of any unit by applying for this with the Development Services Department and providing the appropriate surety instrument. 26. Pad elevations shown on the rough and/or precise grading plan shall not vary more M than one-foot for interior pads or one-half foot for exterior pads from the pad N elevations shown on the tentative tract map as approved by the Planning M Commission. Exterior pads are those pads immediately contiguous to existing N streets or existing residential areas. Grading Plans shall incorporate the design features as per the accepted Water Quality Management Plan for this project, N 0 27. If more than five trees are to be removed from the site, a tree removal permit C conforming to the requirements of Section 19.28.090 of the Development Code shall be obtained from the Department of Community Development Planning Division prior to issuance of any grading or site development permits. n 28. The applicant must post a grading bond prior to issuance of a grading permit. The �- amount of the bond is to be determined by the Land Development Division. E 29. If more than 50 cubic yards of earth is to be hauled on City streets, a special hauling permit shall be obtained from the City Engineer. Additional conditions, such as d truck route approval, traffic controls, bonding, covering of loads, street cleaning. etc. may be required by the City Engineer. 30. Prior to issuance of a Grading Permit, the applicant must submit to the Land Development Division for review and approval a liquefaction evaluation. Any Q <grading requirements recommended by the approved liquefaction evaluation shall be incorporated in the grading plan. Packet Pg. 681 TrAl 18828, CUP 11-13 K DA 12-02 C'on(lilions o/'APProvul P(fge 5 31. The applicant shall submit to the Land Development Division for review and approval an on-site Improvement Plan. Where feasible, this plan shall be incorporated with the grading plan and shall conform to all requirements of Section 15.04-167 of the Municipal Code(See "Grading Policies and Procedures"). c j32. Prior to final inspection the applicant shall install a refuse enclosure. The refuse o enclosure(s) must be constructed in accordance with City Standard Drawing No. N 508 and the minimum size of the refuse enclosure shall be 8 feet x 15 feet, unless CO the Public Works Department, Refuse Division, approves a smaller size, in writing. Where the refuse enclosure is proposed to be constructed contiguous to spaces for F_ parking passenger vehicles, a three-foot wide by six-inch high concrete planter shall r be provided to separate the enclosure from the contiguous parking. a J. Where an accessible path of travel crosses drive aisles, the applicant shall delineate v the path of travel by textured/colored concrete pavement. YJ 34. Prior to the issuance of Building Permits, the applicant must submit a Landscape 0 and Irrigation plan that has been prepared in substantial conformance with the preliminary landscape plan dated February 27, 2013 to the Land Development Division foi- review and approval. Prior to the issuance of a Certificate of Occupancy, the applicant must install all landscape and irrigation improvements in L) conformance with the final landscape and irrigation plan. The Landscape Plan may M be submitted, and the landscaping may be installed, in 'phases' to coincide with any N phased development proposed. Each phase will be considered a `stand alone' (Y, r improvement and not tied to any other phase of the project. N T11 T7 35. Prior to occupancy of any building within any phase of the project, the developer eN shall post a bond to guarantee the maintenance and survival of project/each phase of o landscaping for a period of one year. The Developer, one (1) year following a landscape installation and inspection is solely responsible to contact the Land rl� tt Development Division for inspection of the landscaping and to receive release of any bonding requirements accordingly. 36. 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 E 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 a to file appropriate liens against the property in order to accomplish the required landscape maintenance. A doCUment-processing fee in the amount established by E ordinance shall be paid to the Real Property Section to cover processing costs. -1,11 e property owner, prior to on-site plan approval, shall execute this casement and w covenant unless otherwise allowed by the City Engineer. Q 0 Packet Pg. 682 TTA1188 8, CUP 11-13& DA 12-02 Conditions c f'Approvid W.. Page 6 37. Prior to the issuance of a Building Permit, the applicant shall submit to the Community Development Director for review and approval plans for the screening of all utility equipment. Screening shall not be located in any setback/right-of=way area. Prior to final inspection, the applicant shall install all required screening. It' o the transformer cannot be screened, it shall be located in an underground vault unless approved by the Director of Community Development pursuant to Section 19.30.110. °; 00 00 38. The applicant shall design and construct all public utilities to serve the site in a accordance with City Code, City Standards and requirements of the serving utility, including gas, electric, telephone, water, sewer and cable TV. r r 0. 39. The applicant shall provide each parcel with separate water and sewer facilities. u with 40. The applicant shall install backflow preventers for any building, wi l the finished W floor elevation below the rim elevation of the nearest upstream manhole. c� 41. Prior to occupancy the applicant shall replace sewer segments with Node IDs 2147 (328') and 2149 (170') with 18-inch diameter pipe. The verified total costs of these y improvements (soft and hard) will be credited toward the Sewer Connection Fee in Bernardino Municipal Code. accordance with San B 1 pa .. 42. The applicant shall place all utility services shall underground and provide N easements as required. M r 0 N 43. The applicant shall place the existing overhead utilities with contiguous frontage to Baseline Street and Olive Street or traversing the site on the project side of the street underground in accordance with San Bernardino Development Code Section o CL 1920.030. Existing overhead utilities contiguous to Baseline Street and Olive Street on the opposite side of the street are not required to be placed underground. Cn 44. The applicant shall process a 'bract Map for this project. The applicant is directed to the City's web page at www.sbcity.org- Departments - Public Works Submittal °- Requirements for submittal requirements. a� 45. The applicant must submit a Final Map based upon field survey prepared by a Licensed Land Surveyor or a Registered Civil Engineer who may also practice c surveying, and must record the Final Map and the project's Conditions, Covenants C and Restrictions (CC&Rs) prior to the issuance of a Certificate of Occupancy. E 46. Street, sewer, drainage improvement, traffic signals, for the entire project shall be R completed, subject to the approval of the City Engineer. prior to the Map Q recordation. The proposed project may be recorded on a phased basis, therefore it is possible that improvements will be phased accordingly. Packet Pg. 683 TTA118828, CUP 11-13 d DA 13-02 Conditions gf.tpproval Pcqe ' Q 47. If the required improvements are not proposed to be completed prior to recordation 1 p P 1 P P of the Final Map, a deferred improvement agreement in accordance with Section 19.30160 of the Development Code will be required. If the agreement is approved, an improvement certificate shall be placed on the Final Map, stating that the required improvements will be completed upon development. Q 0 48. The applicant shall pay the Street Light Energy Fee to pay the cost of street light N energy on public streets, not including private roadways, for a period of four years. 00 hall be determined and shall become payable prior to ma The exact amounts P pY p recordation. M 49. For the streets listed below. prior to the issuance of a Certificate of Occupancy. the a applicant must dedicate the street right-of-way (R.W.) to provide the distance from :3 street centerline to property line and placement of the curb line (C.L.) in relation to the street centerline shall be as follows: W _ 0 STREET NAME RIGHT-OF-WAY (FT.) CURB LINE (FT.) E ca Baseline Street 100 leet 32 feet Cl) N i Olive Avenue 60 feet 20 feet M Waterman Avenue 110 feet 43 feet N T L O Q. 50. La .lunita Street is currently a private street and shall remain private until acceptance by action of the City. Dedication of an easement for street and highway purposes along this street will require specific approval of the Mayor and Common a. Council. if approved by the Mayor and Common Council, the street shall be improved to current City street standards with a dedicated right-of-way that is 50 feet wide. The paved surface between curbs shall be 36 feet wide. The applicant E shall design and construct all curbs, gutters, paving, sidewalks. drainage and street lights to City standards for the entire dedicated length prior to acceptance by the Q City. c a� _ 51. The applicant shall construct an eight-inch curb and gutter per City Standard No. 200 contiguous to the site. The applicant shall also widen the pavement contiguous to the site to match the new curb and gutter and shall construct approach and Q departure transitions for traflic safety and drainage as approved by the City Engineer. Packet Pg. 684 TTA/18828, CUP 11-13 X DA 12-02 Conditions g1'Apprucul 10 PCl�rc'.4 ^� 7 52. The applicant shall construct sidewalk contiguous to the site in accordance with City Standard No. 202; Case "A" (six feet wide contiguous to curb) along Baseline I Street, and the west side of La Junita Street. The applicant shall construct a sidewalk along Olive Street with a reduced to five-foot width contiguous to curb c� g g o where required. Q 53. If the existing sidewalk and/or curb and gutter contiguous to the site on Waterman N Avenue are in poor condition. the applicant shall remove and reconstruct the 00 sidewalk and/or curb and gutter to City Standards. The curb and gutter shall conform to Standard No. 200, Type "B" and sidewalk shall conform to Standard No. 202, Case "A" (six feet wide contiguous to curb), unless otherwise approved by r the City Engineer. a 54. At all curb returns within and contiguous to the project site, the applicant shall construct accessible curb ramps in accordance with Caltrans Standards to comply 4! with current ADA accessibility requirements. The applicant shall dedicate sufficient 72 right-of way at the comer to accommodate the ramp on Olive Street and Waterman 0 Avenue, Olive Street and La Junita Street, and Baseline Street and La Junita Street. CU E L 55. The applicant shall construct the driveway approaches per City Standard No. 203. The applicant shall remove all existing driveway approaches that are not part of the approved plan and replace with full height curb and gutter and sidewalk. M 56. The applicant shall design the curb bulb out returns at the following intersections of M Olive Street and Waterman Avenue, Olive and La Junita Streets: and La Junita and N Baseline Streets to meet the minimum turning path for bus design vehicles. A 42- foot turning radius as referenced in the AASIITO-Geometric Design of Highways and Streets shall be designed and constructed by the applicant. The radii of the curb o returns may be less than 42 feet when the traveled path accommodates bus design C vehicles. w 57. Reverse angle parking shall be designed and constructed by the applicant at the southern location of the project from west side of Olive Street to Waterman ? Avenue. The parking design shall be approved and accepted by the City Engineer. U_ CD 58. The applicant shall install Street Lights contiguous to the site on Baseline Street in E accordance with City Standard Nos. SL-I and SL-2, Also, the applicant shall submit a separate light plan in accordance with the City of San Bernardino Street Lighting Design Policies. a� E 59. if the project is to be developed in phases, the applicant shall design each individual phase to provide maximum public safety, convenience for public service vehicles. Q and proper traffic circulation. In order to meet this requirement. the following will be required prior to the finalization of any phase: Packet Pg. 685 ... _... o....._.__..m.�._...........�.y ---.. -......___.....s.IfWYYflo•i" ._ ..�__. _.__... __...._I'fflliYi'_....... 6.B.h 77M 18828. CUP 11-13 n DA 12-03 Conditions qI':I pprovul Page 9 a) Improvement plans for the total project or sufficient plans beyond the phase boundary to verify the feasibility of the design shall be complete to the satisfaction of the City Engineer; iV b A Phasin g Ilan shall be submitted for review and approval by the o h i b in erin b Division, Fire, and Planning Departments. indicating what ^+ a improvements will be constructed at each given phase; o C) Street improvements shall be completed beyond the phase boundaries. as N necessary to provide secondary access from the development; o d) Drainage facilities, such as storm drains, channels. earth berms and block s walls, shall be constructed, as necessary, to protect the development from F off-site flows on La Junita Street: e) Easements for any of the above and the installation of necessary utilities a shall be completed prior to map recordation; :3 t) Phase boundaries shall correspond to the lot lines shown on the approved tentative map. 60. The applicant shall submit a complete package for plan checking, which shall 0 consist of: ca E a) Street improvement plans (tray include street li<ghts or street lighting may be separate plan); y b) Sewer plans (private sewers may be shown on on-site improvement plan: CD public sewers must be on a separate plan with profile): vi C) Storm drain plans (private storm drains may be shown on on-site r> improvement plans; public storm drains must be on a separate plan with N profile); r d) Traffic signal plans and/or traffic signal modification plans, r e) Signing and striping plan (may be on sheets included in street �= 0 Improvement plan); I) Lighting (on-site lighting may be included in on-site improvement plan or may be on a separate stand-alone plan), Grading (may be incorporated with on-site improvement plan): h) On-site landscaping and irrigation plan; i) Landscaping and irrigation in the Landscape and Lighting Maintenance LL District plan; and j) Other plans as required. Piecemeal submittal of various types of plans for E the same project will not be allowed. All required supporting calculations. w studies and reports must be included in the initial submittal (including but Q not limited to drainage studies, soils reports, structural calculations). a� E 61. The rough grading plan may be designed and submitted in combination with the v precise grading plan. Q Ce Packet Pg. 686 7TVI 18828, CUP 11-13& D'A 12-02 Conditions c?/'Approrul 114 age l0 - improvement to the f,and Development 6_. The applicant shall submit an off site plan p Division for review and approval. All off-site improvement plans submitted for plan check shall be prepared on the City's standard 24" x 36" sheets. A signature block satisfactory to the City Engineer or his designee shall be provided. o N 63. After completion of plan checking, final mylar drawings, stamped and signed by the Registered Civil Engineer in charge, shall be submitted by the applicant to the City N Engineer for approval. Copies of the City's design policies and procedures and o standard drawings are available at the Public Works Counter for the cost of s reproduction. They are also available at no charge at the Public Works Web Site at http://wwuw.sbcity.ora. a. 64. The applicant must submit electronic riles of the Tract map to the City Engineer. The files must 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. c� 65. The applicant shall be responsible for obtaining the following Engineering Permits: CU Grading Permit; Construction Permit for on-site improvements. includingg CD landscaping; and Construction Permit for off.-site improvements. 66. All plan check, permit, inspection, and impact fees are outlined on the Public CD Works Fee Schedule. A deposit in the amount of 100% of the estimated checking N fee for each set of plans will be required at time of application for plan check. The M T amount of the fee is subject to adjustment if the construction cost estimate varies N more than l0% from the estimate submitted with the application for plan checking. r The above payment of fees is subject to a Development Agreement (DA) and r therefore may differ from current and/or future fee schedules utilized by the City. o The current fee schedule is available at the Public Works Counter and at http://w-ww.sbcitv.or<,,. rn 67. The Traffic Study prepared by FEFIR & PEERS and Associates dated .iuly 2012 has been reviewed and accepted. All identified traffic mitigation measures shall be implemented at the developer's expense. c a� 68. The applicant shall align the intersection of Alder Street and Baseline Street to the E entrance of the Stater Brothers Shopping Center. The intersection shall be r signalized and pedestrian facilities shall be provided. This new traffic signal shall Q be interconnected with the existing traffic signals at Waterman Avenue. No uncontrolled, marked pedestrian crosswalks shall be allowed on Baseline Street. E M U 69. The intersection of Waterman Avenue and Olive Street shall be signalized and Q pedestrian facilities shall be provided. These new traffic signals shall be interconnected with the existing traffic signal at Baseline Street. No uncontrolled. marked pedestrian crosswalks shall be allowed on Waterman Avenue. Other proposed improvements include: Packet Pg. 687 6.B.h TTh118838, CUP 11-13 re DA 13-02 Conditions gl'Approvul Pag ll a) Baseline/Crestview intersection signals and crosswalk. The new south side of Crestview is to be aligned with the existing north side of Crestview. b) Mid-block pedestrian crossing and half-signal at Waterman between 11`x' a Street and Orange Street. N co 00 70. On-site landscaping (private areas) shall be installed by the applicant and accepted prior to release of gas utility and prior to final inspection. This condition may be �- implemented on a `per phase' basis. r T T 71. The streets within any phase of the subdivision shall be base paved (0.10 foot low) D prior to delivery of construction materials to the site. C 72. Prior to final inspection of the last three homes in the tract (or phase), the Iilia] lift 7 R of'pavement shall be installed. c 73. Prior to final inspection and release of the last three homes in the tract (or phase), E p p the pavement on the streets contiguous to the tract shall be rehabilitated. The method and extent of rehabilitation shall be determined at time of final inspection by the City Engineer. 74. Applicant shall prepare a Network Hydraulic Analysis per Uniform Design M T Standards prior to issuance of Building Permits. All hydrants/water systems shall be N designed to provide 20 psi residual flow at required fire flows. A Developer installed Agreement is required prior to on-site water main extensions. r 0 75. Prior to issuance of an Occupancy Permit, the applicant shall install a R.P.P. 0 backflow device at the service connection for domestic service. 76. Prior to issuance of an Occupancy Permit, the applicant shall install a double check backflow device at the service connection for Fire and irrigation. The backflow device shall be inspected before water service is activated. LL c d 77. 'File project is subject to Recalculation of the Sewer Capacity Pee and payment of s the fee prior to the issuance of a Building Permit. The Recalculation shall be based r on the agreed upon rates per the Development Agreement. Q c 78. Prior to issuance of'a building permit, the applicant shall submit to the Building and E Safety Division for review and approval building plans and site plans that conform U to the California Buildino Codes in efTect at the time of plan submittal. This shall a include the California Green Building Code. 79. The applicant must use the three-second gust factor when preparing construction plans since the project is located in a 95 mph, Exp C wind load area. Packet Pg. 688 7TM 18828, CUP 11-13& DA 12-02 Conditions of:f pproval Mwe 12 80. Prior to issuance of a building permit, the applicant shall submit to the Building and Safety Division for review and approval plans that conform to the Title 24 Disabled Access and ADA requirements in place at the time of Building Permit plan o submittal. N Q v N W CO Encl of C'onclilions of Alyn-oval - s M r CL U N C Cu 0 C Cu E L M 67 N M T 6 N T r av�, T 'Y Q NNQ� 1.1. �rl U Q tt c m E CD t U t6 .f. a w U t4 Q Packet Pg. 689 6.B.n CITY OP SAN BERNARDINO ATTACHMENT D NOTICE OF PUBLIC HEARING BEFORE CITY OF SAN BERNARDINO PLANNING COMMISSION SUBJECT: TEN-rATIVL.TRACT MAP 18829(SUBDIVISION 11-03),CONDITIONAL. USE PER!' H' NLtgrd No. 1 11-13 AND DEVELOPMENT AGREEMENT 12-02 II c N PROPOSAL: A request for a Conditional Use Permit to construct an affordable housing project and to subdivide approximately 38 Q acres into 8 parcels and a 1-lot condominium subdivision to create a mixed income community and construct a three-story, 74-1.111it Q Senior hoLISill" project with court yards, 299 attached townhouses. 38 condonliniunl units and approximately 45,000-square foot � recreational facility, 58,200-square foot community center, 7,400-square foot administration/multi-purpose building. The proposed o0 {.project would be in eight phases and is located at the northeast corner of Waterman Avenue and Olive Street, in the Residential V_ Medium (RM) land use district. H M r OWNER/APPLICANT: Housing Authority of the County of San Bernardino(HACSB) r ENVIRONMENTAL RECOMMENDATION: Proposed Mitigated Negative Declaration cs IPUBLIC HEARING LOCATION: HEARING DATE, AND TIME: � San Bernardino City Hall a 300 North "D" Street Wednesday, July 17, 2013 at 6:00 p.m. 0 Lobbv Floor. Council Chambers e San Bernardino. California 92418 E You are eiving this notice because the project site described above Y Ca 00 feet of your property. II' you would like further about this proposal prior to the public hearing. please lanning Division at(909)384-5057. N t� ....------...-............ .. _ -- - — elcome to attend the public hearing and addre ss the _., r ! hh l_ l uuung Commission with your comments on this proposal. or you .-_ -,:—� , _— i ___._:.,;.__. r �� may submit lvritten comments in lavol• of or in opposition to the ! rt N CD proposal to the Planning Division. City hall. 300 North Street. San __ : din .C'A 92418.lio ......... -.V, !-- (I a a l - 1.)eclslons of the Planning C0174IliiStil0I1 art. Illlal COI1Cl;rtllni, i�llll0i' -- — 1 `-' 1 _- ..._ L ' Use Permits.Development Permits.and 1•entativc Parcel Maps.unless � t '� ';- "_-� - ' CL appealed to the Mayor and Common Council. Appeals to the klayor — " .:.a :a ->" t— :� !.--•- _�__ �__-- - and Council must be made in writing. stating the grounds of the I' u � � -`-! != I ! >. � LI. Ti ! ;. co appeal aril nnut be submitted ul the City Oerk along with the 1•-- ..... .. .. ..4_.. :. ........... . 3 T _.�-_.._.._ _.. _ _ y appropriate 1'ee within fifteen days ol'the decision. I1 „.. .: ... lrtT. r"_;.r... Project Site 1 c final ref few and action concerning General Plan Amendments, t.r:..._. Uevclopment C'.ode /Amendments. Specific Plans and Development - I ;� � j ' . -.: w ..._.......... :\sreements will be made by the.Mayor and Common Council. t� { _ Tt Ft ST .._.-.... If you challenge the resuluuu action of,the 1'lannin�g, C'omn)issiun !n Lj I f f t court.you Ala) he limited to raising only those issues you or someone Y else raised at the public hearing described in this notice. or in written __�,,._ .,__t._ ...__._...._ __._ - Q _. — correspondence delivered to the City Planning Divisional,or prior to. the public liearmg. t.>.1L._:__.i..l..;_: _---- :� y 10TH E Individual tcstimolr on aec.nda !toms will be strictly limited to three i L) mimue per person. j_. --' RahC, kC..a -- - :.�:.� Hig i j Etea tan• 1 _ _.......... ....................... r.;j'. -I-I)e City of San Bernardino reco_nires its obligation to provide equal access to public services to those individuals with disabilities. Please contact Facilities Services(384-5244)two workin.-days prior to the mectinlo with an% requests for reasonable accommodation.to include interpreters. Packet Pg. 690 6.B.h ATTACHMENT E The Mitigated Negative Declaration distributed on July 3, 2013 on a CD, is also available at the City's o web: available on the City's web site at www.sbcity.or , Planning Division front counter in the N Community Development Department (City Hall, 3"d Floor), Feldheym Library, and County of San o Bernardino - Clerk of the Board of Supervisors and is comprised of the following: N 00 CO r Initial Study/ Draft Mitigated Negative Declaration a Final Mitigated Negative Declaration Mitigation Monitoring/Reporting Program r Preliminary Project Plans a Appendix A: Air Quality Assessment U Appendix B: Archeological Assessment Appendix C: Historic Resources Evaluation y Appendix D: Geotechnical Report �a Appendix E: Phase I Environmental Site Assessment 0 Appendix F: Noise Assessment Appendix G: Traffic Study Appendix H: Green House Gas Assessment Appendix 1: Drainage Study Appendix .1: Water Quality Management Plan Appendix K: Wastewater Management and Flow Analysis Appendix L: Relocation Plan r N r r N r O Q. d V.. U LL E U R a+ a E U fG a Packet Pg. 691 s.B.n ATTACHMENT F MITIGATION MONITORING PROGRAM FOR: WATERMAN GARDENS o N MASTER PLAN Q N co 00 r SCH NO. 2013031061 z M r a U N C d (C fSS E L 4) Y M 1 N ' r r r prepared lor: c a a� CITY OF SAN BERNARDINO U L oU tz Aroma L ca prepared h . Q THE PLANNING CENTERIDC&E ca Q G°�fzr-ref Orom'c& Ser�.�oY Aysor-C� JUNE 201 Packet Pg. 692 MITIGATION MONITORING IPROGRAM FOR. WATERMAN GARDENS c 0 N MASTER PLAN Q N co 00 ISCH NO. 2013031061 M r T r a U N C 'a R C E L d r 2� j 0 M � N M r r N prc�purec�fr�r: r 0 a� CITY OF SAN BERNARDINO t4 U a 300 No�-f/-v "D"SfYe�f Cam' LL Sa.ti�3eYr�aYd��o GA 92418 Aro Z cagy TeG.• 909.384.SOS7 • Fa-w' 909.384.5080 E t ca prepared hY. Q THE PLANNING d CENTERIDC&E _ 0 c� sot Wes>f/3s'P2dwa-y, Su-vf�800 Gamma-c�: a ,SGtav De; , GA 9,2101 131-,- c - Fe�crw - Tet..- 619.400.4 926 Se w Ayr f� www:/�L�zh-�-u^.gee�YCOV�- Packet Pg. 693 Table of Contents Section P�►ge N 1. INTRODUCTION..............................................................................................................................1 N 1.1 PURPOSE OF MITIGATION MONITORING PROGRAM ........... ...................1 Q v 1.2 PROJECT SUMMARY............................................................................................................1 1.3 ENVIRONMENTAL IMPACTS....................................................................-.......................6 °r° s 2. MITIGATION MONITORING PROCESS .........................................................................................8 M 2.1 MITIGATION MONITORING PROGRAM ORGANIZATION................ T 2.2 LEAP AGENCY...................... .............................................8 a_ ...................................................... 2.3 MITIGATION MONITORING TEAM..................................................................................8 � 2.4 RECOGNIZEP EXPERTS.....................................................................................................8 a2.s RESOLUTION.................................................-......................................................,.,.,...............9 2.6 ENFORCEMENT...............................................................................................I......I................ 9 C7 c 3. MITIGATION MONITORING REQUIREMENTS............................................................................10 E L 3.1 PREMITIGATION MEETING.............................................................................................10 ca 3.2 CATEGORIZEP MITIGATION MEASURES/MATRIX............................................10 3.3 IN—FIELD MONITORING....................................................................................................10 /%, Q 3.4 CooRPINATION WITH CONTRACTORS....................................................................10 l �i N con 3.5 LON4-TERM MONITORING........................................................................... ................10 N 4. MITIGATION MONITORING REPORTS........................................................................................23 r 04 4.1 FIELD CHECK REPORT.....................................................................................................23 4.2 IMPLEMENTATION COMPLIANCE REPORT..........................................................23 0 m 5. COMMUNITY INVOLVEMENT........................................ .........25 6. REPORT PREPARATION..............................................................................................................27 6.1 LIST OF PREPARERS........................................................................................................27 a � c m E t ca r 4 List of 7 ables aa) E t Tabic Page 0 Q Ta�{�3-2 MifigaioH Mo � i�g R2qui�ewewfY........................................................................1z 14"(11errrrurt Gardeas- Afa.vler Plu17 il:lili(Iuti0rr .1IoraiI01117t� I'rogrulll Packet Pg.694' Table of Contents cv 0 cv a� N 00 00 CT G M T T a U N C 6Y L f4 C m E L r 0 M M T d N T T C14 r O Q. N�(D/ LL IIY^^ �l U 2 LL C E V a d U f4 a Pcr�c ii • The PhMflintf C'cnler DC&h.' Jul Packet Pg. 695 6.B.h ci 1. Introduction a 1.1 PURPOSE OF MITIGATION MONITORING PROGRAM co "Hlis %litigation Monitoring Program has been dcyck>ped to provide a vehicle by which to monitor mitigation measures and conditions of approval outlined in the Waterman Gardens Master Plan i\litignted Ncgatiye t~t- l)eclaration (1\IN1)), State Clearinghouse No. 2013031061. 'flit Mitigation Monitoring Program has been � r prepared in conformance with Section 21081.6 of the Public RCSOUrces Code, Section 13097 of the GUiddinCS,and City of San Bernardino Monitoring Requirements. Section 21081.6 states: U (a) Vlen making findings required by paragraph (l) Of subdivision (a) of Section 21081 or y when adopting a mitigated negative declaration ptrrStlant to paragraph (2) of subdivision (c) of Section 21080, the following requirements shall apply: C7 (1) The public agent} shall aciopt a rcl)orting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate E or avoid significant effects on the environment. "flee reporting or monitoring a) program shall be designed to ensure compliance during project implementation. For 'S those changes which have been requireti or incorporated into the proicct at the c requCSt of a responsible agency or a public agency having jurisdiction by law over N natural resourceS affected by the project, that agency shall, it so requested by the r lead or responsil)lc agency; prepare and submit. a proposed reporting or monitoring • o program. N r (j The lead agency shall specify the location and custodian of the doctunents or other r material which constitute the record of proceedings upon which its decision is a based. Q. m 1.2 PROJECT SUMMARY cn 1.2.1 Project Location The proposed project is located within the City of San Bernardino. llic project site is located at the it- r southeastern corner of Baseline Street and N. Waterman .\ve•nLIC and stretches from north-south from m Baseline Street to Olive Street, and Cast-west from La Junita Street to N. Waterman Avenue. N.Waterman � .\ycnuC and Baseline Street are both major arterials that connect the site to.Lnterstates 210 and 213. 1.2.2 Existing Conditions Q c The project site is developed with an c%isting 232-residential unit Waterman Gardens Public I Iousing project and accessory buildings on 38 acres at the southeast corner of the intersection of N. Waterman .\venue and Baseline Street in the City of San Bernardino.'l'hCSC buildings were ccnlstructed between the 1940s and 1930s. +a a 1.2.3 Project Description flit proposed project would demolish the existing 233-residential unit Waterman Gardens Public I lousing project and construct new residential traits, a comnllrnity center, and other communtty service-or'IctliCd uses JVulerman Gardens Masler Plan >vlitigulion AlOnilol-ing Program Packet Pg.696 6.B.h (. Introduction at the same location. The new structures Would include up to 411 new dwelling units including 337 apartment and tp\VnhoLlse units with a alts of one to four bedrooms and 73 affordable senior housing units. o Specifically, the project would include 73 senior citizen residential units, and 57 one-bedroom units, 137 two- ty bedroom units, 133 three-bedroon, units, and I I four-bedroon, units. '11ic overall residential density of the Q site• would be 10.8 clvelling units per acre. In addition to the new dwelling units, the project would include a 45,800-square-foot Recreational Center, 58,200-square400t Cortul,unin• Center, 7,400-scluare-fool 04 :Administration Building, and 18,400-square-foot (re-habilitated) Existing Central Shop, Maintenance °r° Building, Recycling yard and Community Garden Building. A Conditional l'se Permit would be required for r- the Density Bonus .\grrcement, Da\ Care (:enter, Social Service Uses/Recreation Center, and Development � c) Plan. n. The project will be subdivided into nine separate parcels as follows: U ♦ Parcel 1: Residential buildings (38 dwelling units,?5-4 acres, 14.96 du/ac) ♦ Parcel 2: ConiniunitC and Recreational Centers (0 dwelling units, 5.13 acres) ♦ Parcel 3: Senior(-lousing Buildings (73 dwelling units,4.12 acres, 17.96 du/ac) � ♦ Parcel 4: 17'xisting Central Shop, Maintenance Building, Recycling Yard, and Community Carden m Building(0 d-welling units, 1.67 acres) E ♦ Parcel 5: Administration Building;(0 d\yclling units,0.54 acres) ♦ Parcel 6: Residential buildings (7a units, 5.64 acres, 13.30 du/ac) � ♦ Parcel 7: Residential Buildings (76 dwelling units, 5.15 acres, 14.76 du/ac) �o Q ♦ Parcel 8: Residential Buildings (79 dwelling;units, 5.76 acres, 13.72 du/ac) N ♦ Parcel 9: Residential Buildings (69 units,6.40 acres, 10.78(Iu/ac) M r 8 N r N r O Q. tv O U n tL C O E t U LC a d ;_ U a Page 2 •The Planning CenlerIDC&E JIM -' Packet Pg.697 6.B.h 1. Introduction The structures w(ntld have variable setbacks from N. \Waterman Avenue. Baseline Street-La )units Street,and (:)live Street. 'There would be sit vehicular access points to and from the project sits: two along Ofive Street. located towards the west and cast end respectively; one located mid-block oil La f units Street, two along Q Baseline Street located ]slid-block and towards the cast end respectively;and one located (saki-block at Orange Street along N. \C'atcrnnan Avenue. Additional pedestrian and bicycle access would be located throughout. the 04 project and traffic calming measures would be implemented on N. Waterman Avenue, Baseline Street, and 00 Olii-e Street. The proposed project would include many on-site recreation amenities, including the -15,800- square-foot recreational facility and natatorium, pedestrian-only greclways, walking paths, and three M neighborhood parks with playing fields and picnic areas. A total of 1,070 spaces Would be provided on site. IuCllldlll`;898 off-street parking spaces and 172 on-strecr parking spaces. n D V Based on the 2010 U.S. Census 2010 data, tine llrriject site currently-houses 844 people, which is equivalent to N 3.35 persons per dwelling unit. using this sank population density, the proposed project would have a population of 1,377 or an increase of 533 persons. Since the proposed project will result in the denlolitio n of existing residential structures, these residents will need to be relocated. :\s described in the Relocation Plan, � provided in Appendix 1.,sufficient rCPlaCCllll'11C housing is is liable in the area surrounding the project site to house all displaced residents of Waterman Gardens. The I lousing Authority of the Counts- of San E Bernardino (I iACSB)will provide relocation assistance and other services as described in the Relocation Plan. 0 There are three phasing alternatives proposed for the project. The land owner shall submit the final � M proposed phasing plan prior to issuance of first building pernlir. N Under Phasing-Option A, the project would be phased as follows: N T ♦ Phase-1A would include demolition of existing structures in the southwest corner of the T property and construction of the Recreation (:enter and Community Center. A total of 50 r dwelling units would be rcmovcd during this phase. 0 0 s=. ♦ Phase-1B would include the improvements to the public roadway surrounding the Project site � including the traffic calming measures traffic signals along the western portion of Olive Street. CU CU to ♦ Phase-1C would Include the improvements ro the public road rat• surrounding the project site V including the traffic calming measure-, including; center medians and traffic signal-, along �- Waterman Avenue. W- c ♦ Phase-2A would include. dcnlolition of existing structures and construction of new structures in � the interior of the site. A total of 38 units would be removed and 75 units and the � Adn-li niNtranon Building would be created during;this phase. •B ♦ Phase-2B uvould include demolition of existing structures and construction of new structures in Q the interior of the site. A total of 38 units would be removed and 76 units would be created (D during this phase. E U ♦ Phase-3A would include demolition of existing structures and construction of new structures in the northwest corner of the site. A total of 18 units would be removed and 73 units would be Q created during this phase. Wulernum Gardens ((Muster Plun Miligulion Moniloring Prog-ruin Packet Pg. 698 1. Inlroduction ♦ Phase-313 Would include demolition of existing structures and construction of new structures in rile northeast portion of the site. A total of 48 units would be removed and 79 units Would be Q created during this phase. ♦ Phase-3C would include the inlpro\•ements lc) the public roadway adjacent the project site p including the traffic calming pleasures including center medians and traffic signals along Baseline N 00 Street. tb T_ ♦ Phase-4A would include rehabilitation of the. 1= I. Introduction ♦ Plhase-4A would include demolition of existing structures and cotstruction of new structures along the south edge of the site along Olive Street. A total of 14 units would be removed and 38 units would be created during;this phase. c� ♦ Phase-4B would include demolition of existing structures and construction of new strucnlres in the southeast corner of the site. A total of 40 units would be removed and 69 unit, would be N Co created during this phase. 00 ♦ Phase-4C would include the improvements to the public roadway adjacent the project site including; traffic calming measures including; traffic signals along; the eastern portion of Clive M Street. T. ♦ Phase-5A would IIICILIde demolition of existing; structures in the southwest corner of the � property and construction of the Recreation Center and (.Oi1llllLlilt\' (:enter. A total of- 30 CS dwelling units would be removed during this phase. � as e Phase-5B would include the improvements to the public roadway surrounding the project site including the traffic calming;measures including;traffic signals along;the western portion of Olive Street. E ♦ Phase-5C would include the improvements to the public roadway surrounding; the project site y including the traffic calmni ig measures including center medians and traffic signals along; U Waterman Avenue. Under Phasing-Option C, the project would be]based as follows: M ♦ Phase-1A would include demolition of existing;struct-ures and construction of ne\v structures in G the northwest corner of the site. A total of 18 units would be removed and 73 units would be `V created during this phase. E ♦ Phase-1B would include the inlprovenlents to the public roadway surrounding the project site o including the traffic calining measures including center medians and traffic signals along; m \\Waterman .\venue. tY ♦ Phase-2A \\-cnlld include denlolitiun of existing structures atld constrUC6011 of new structures in M to interior of the site. A total of 38 units \\•ould be removed and 73 units and the U Administration Building would be Created during;this phase. � u- ♦ Phase-2B Would include demolition of existing structures and construction of new structures in C the interior of the site. A total of 38 units would be removed and 76 units \would be created a) E during;this phase. ♦ Phase-3A would include demolition of existing structures and construction of new structures in a the northeast portion of the site. ,\ total of 48 units would be removed and 79 units \weld be created during this phase. a) ♦ Phase-3B would include rehabilitation of the Existing Central Shop, Milt-Itenance Building. v Rec\•clingr Ward,and(:omnlunit\•Carden Building during this phase. Q ♦ Phase-31C \vould include the improvements ul the public roadway surrounding, the project site including; the traffic calming measures including center medians and traffic signals along;Ia .1unita Street. 11'aterman Gardens tt'latster Plan Mitigation Monitoring Progrum Packet Pg. 700 JIF 'A 1. Introduction ♦ Phase-3D would include the improvements to the public roadway adjacent the project site including the traffic calming;nuasures including;center medians and traffic signals along Baseline v Street. s T ♦ Phase-4A would include demolition of existing structures and construction of new structures in G the southeast corner of the site. A total of 40 units would be removed and 69 units would be N created during;this phase. 00 T ♦ Phase-4B would include demolition of existing; structures and construction of new structures along;the south edge of the site along 011\'e Street. A total of 14 units would be removed and 38 M units would be created during this phase. T T Phase-4C would include the impro\-ements w the public roadway adjacent the project sire D including; traffic calming; pleasures including>, traffic signals along; the eastern portion of Olive V Street. co ♦ Phase-5A would include demolition of existing structures in the southwest corner of the prp C erty and construction of the Recreation Center and Comm-nulit\- enter. A total of 5f1 `U o dwelling Units would be removed during this phase. CU E ♦ Phase-5B \would include the improvements to the public roadway surrounding; the project site W including; the traffic calming measures including; traffic signals along, the \western portion of Olive ca Street. M OS Bascd on avallablc funding, Phase 1 of the final phasing plats would begin in 2013 and last approximately two Phase 2 would begin Ill 2015 and last approximately three to four \'cars. Phasc 3 would begin in 31115 M T and last approximately two to three years. Phase 4 would bcgln in 2020 and last just o\•er two \cars. Pliasc 5 N would begin in 2022 and last just over two \•cars. '1'he existing project site is currently developed; therefore, T demolition activity would occur during the start of each construction phase. 'Ilse phases Would overlap to ^' T some extent such that demolition for the upcoming; phase would occur during the Final months of construction from the preceding phase. a d 4- M 1.3 ENVIRONMENTAL IMPACTS U The City of San Bernardino, a Designated Local Authority, the lead agency under the California � Frivironnlental QUaliI\' :1ct ((:F(,)- ) for the proposed project, prepared an initial study for tile proposed u- project and determined that the proposed project would satisfy (a.?QA with the preparation of a Mitigated Ncgati\,c Declaration (.HIND). Pursuant to Section 15070 of the CliQ,1 Guidelines, the initial stud\ identified ;_ potential]\- significant environmental effects, but recisions to the project would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur. '1'lle initial study included analysis of 17 environmental resource areas and provided a conclusion of"No Impact,,' "Less'Phan Significant impact." or "Less Than Significant With 1\litigation Incorporated." The initial stud\ did not identify any project impacts � a•p(nentialh•significant.Therefore.Cit\•of San Bernardino prepared an MND for the proposed project. E 1.3.1 Impacts Considered No Impact or Less Than Significant w Q The project was found to have no environmental impact or less than significant impacts to the following environmental areas: ♦ \esthetics Page b • The Plunning CenterJDC&E Jura ' Packet Pg. 701 I. Introduction ♦ Agriculture and Forestn-Resources o .fir Quality � ♦ Biological Resources ♦ I Ix,drolog y and Water Qualith p 1 ♦ 1.and Use and Planning; N CO ♦ \-lineral Resources 00 ♦ Population and Housing; t- ♦ Public Scn-ices L= r5 ♦ Recreation r ♦ Utilities and Scimce Svstems o D 1.3.2 Potentially Significant Adverse Impacts That Can Be Mitigated, Avoided, or Substantially U Lessened tH Environmental impacts on the following; study areas mould be potentially significant, unless mitigation cc measures are imposed. co ♦ Cultural Resources E ♦ Gcology and Soils ♦ Greenhouse Gas I:miS,ion, ♦ I laiards and Flvardous Materials M ♦ Noise , N ♦ Transportation and Traffic �j� M r N r r �i r O Q a) ry L- 4- M r U) U n 4L G d E V a-. Q C E U RS Q Wtiterman Gardens Heisler Plan Miligeilion Moniloring Progrunr ' Packet Pg. 702 1. lVitigatiton illonitoring Pr r - SS a a 2.1 MITIGATION MONITORING PROGRAM ORGANIZATION C14 00 Overall mitigation monitoring and illatlagement is the responsibility of the lead agency. the lead agellcv's technical consultants (CE' )A consultant, project engineer, noise consultant, archeologist, paleontologist, traffic consultant, site rcnlediation experts, etc.) may perform related monitoring tasks under the direction of the environmental monitor(if they are contracted by City-of San Bernardino). a 2.2 LEAD AGENCY The Housing Authority of the Count\• of San Bernardino, is the public agene� that initiated the proposed � project. The Ciry of San Bernardino however., will have the principal responsibility for approving the project � and will serve as the lead agency for the proposed project(C F )A Guidelines Section 13367). The City of San Bernardino will would also serve as the lead agency for the purposes of any further crivironnlental review that must be completed for further actions associated with the project. The City of San Bernardino has rile ea E responsibility for implementing the Mitigation Monitoring Program. L W 2.3 MITIGATION MONITORING TEAM • -File mitigation monitoring tei1111, consisting Of the environmental monitor manager and technical � N SubcclnsultantS (CFQA consultant, project engineer, noise consultant, archeologist, paleontologist, environmental hazards rcnlediation specialist, traffic consultant), is responsible for monitoring; the �I c iiiiplctlleillatioil/eoillphailce with all adopted mitigation pleasures and conditions Of approval. A major n! T portion of the team's worn: is in-field monitoring and compliance report preparation. linplemenrarion t' NI disputcS would be brought to the(ate•of San Bernardino Project Manager. 0 The follo"ving summarizes key positions in the mitigation monitoring program and their respective functions: y Monitoring Team U) • Technical Advisors: Responsible for monitoring in respcctivc areas of expe•rnse• (Cf'QA consultant, n project engrincer, noise consultant, archeologist, paleontologist, environmental hazards rcnlediation specialist,and traffic consultant).Report directly to the en ironnlcntal monitor. d • City of San Bernardino Project Manager: Responsible for report rcvie-w and dispute resolution. m • Monitoring Program Manager: Responsible for coordination of mitigation lnoilitoring team, Q technical consultants, and report preparation. Responsible for overall program administration and document/report clearinghouse. m .c u 2.4 RECOGNIZED EXPERTS X14. a '['he use of recognized experts on the monitoring team is reeluired to ensure compliance with scientific and crigiticcring nlltkuatlon measures. \\111le the mitigation inonlnoiing teams recognized experts assess • conlphance with reYjelired nlitlgatiOn Measures, recognized experts from responsible agencies consult with file Cii.l of Saul Bernardino Project iManager regarding;disputes. Waterman Gardet7s .Hasler Pla77 Miligalion Monitoring Program Packet Pg.703 2. Mitigation Monitoring Process 2.5 ?ESOLUTIC In the event that the mitigation monitor identifies a mitigation measure that, in the opinion of the monitor, has not been implemented or has not been implemented correctlx�, the problem will be brouglit before the Q Cite of San Bernardino for resolution.The decision of the Cite of San Bernardino is Final unless appealed to � the San Bernardino City Council. The Ciro Council will have the authority to issue stop %work orders until the 04 dispute is resolved. °O 5 1— 2.6 ENFORCEMENT 1- s� agencies may enforce conditions of approval through their existing police power, using; stop work orders, r tines,infraction citations,or in some cases, notice of violation for tax purposes. a D U c m c CU E L Y cu 0 to 6 N r r N r O O w ca Y f/1 U tZ tr c a> E U f13 Y Y Q C d E V RS Y Y a Hlaterman Gardens Hasler Plan Mitigation Monitoring Program Packet Pg. 704 6.B.h cti 3. Mitigation Monitoring Requirements a 3.1 PREMITIGATION MEETING 00 A premonitoring meeting will be scheduled u) recieW mitigation measures, implementation requirements, 5 schedule conformance, and mitigation monitoring committee responsibilities. Committee rules are established, tale entire mitigation monitoring program is presented,and aiiN mtsunderstandings are resolved. `e' 1 s 3.2 CATEGORIZED MITIGATION MEASURES/MATRIX a. U Project-specific mitigation ieasures have been categorized in matrix format, as shown in '1'ab.le 3-I. 'Hic N matrix identiFiics the environmental factor, specific mitigation (Measures, schedule, and responsible monitor. 111c mitigation matrix will ;cn,e as the basis for scheduling the implementation of and compliance with all R (Mitigation nlcaSUres. C t3 3.3 IN-FIELD MONITORING E a) Project monitors and technical subconsultants shall exercise caution and professional practices at all times when monitoring; implementation of mitigation measures. Protective wear (e.g., hard hat, glasses) shall he CD worn at all times in construction areas. Injuries sliall be itMmediatcly reported to the mitigation inorutorulg a# nuulager. �� Cl) T 3.4 COORDINATION WITH CONTRACTORS N T the constrUC11011 manager is resi)(msible for cc)Ordinaiion of contractors and for contractor completion of required mitigation nleasu CS. r 0 sz 3.5 LONG-TERM MONITORING fa) Long-term monitoring related to several mitigation measures will be required, including Fire safety inspections. Post-construction fire inspections are conducted on a routine basis by the San Bernardino Dire v Dcpart.mcnt. LL c ai E U a E l U f4 }� Q i� I 6Valerman Gardens Masler Plan Miligalion Moniloring Program Packet Pg.705 3. Mitigation Monitoring Requirements This ra()e iuteutinsall)-leli b/auk.. N O N T Q 6'f N OD 00 T H H Cl) T a U s a� a L i V E L F r M M T O N T T N T 0 0. I.i. i� U a ti m E w a E a dT%aterinan Gardens illuster Plan A7iligalion JIOI Morint� Prugrani Packet Pg.706 3 6.B.h N i C 00 � ` S t a u _ Cu Co Cz 9 L / M Cam, C _ T Cz tC rz y - _ - - - zz I Packet Pg. 707 6.B.h N cl • L. tr N 'i 00 O ti i T `Iv v, ti O W � T ^T^ Ii D ,O N cc y C ai .. lu ' w v j co ti � � T C J LJ+ J LL ' J _ _ - R jr F � rr� II 1 1 u v Packet Pg.708 6BIi O H � J Q Q I C+ r 0 \' \f N 1 co Qro O � U M r r a D i i U i N bf I C u3 [r � v � L v r C 0 Cl) � � N +v q i r y ti Cl) h 0 O Icy C N LL AF son W- M wJ ti r — — '!. ... % v. v �i. � _ c ,✓ 1, C � � r; U J w i 6.B.h r^ C4 ~ 1 Cq Co nz Q.. 5 hn r_ cm. �+�: � _ J.f .1, � — ,. yr. •� �r_ 'l CJ - _ - Co M Q! Cz Cz 0 T7 CD tz V T J ./ ^J .^ j - _ J .J •.1 M_ :J yr. J — - E �r •a ++ y. L7L Packet Pg. 710 fy M •1 \ :J v V ti J �..q I •� N V CR4 1 •V �J Y _J _j J Co r r V CD L v N Cli jj LL VJ ;J �� i i •i _ 1��• •�r V V V I I t v Packet Pg. 711 j. ti ^ of vv ^ f r IZZ Iz- CN it C14 Co tz ^v G Cl) tc ct cf cc CN CIQ CL 8 a ti /yam ti 7. tz sf- zi _ - L _ J � � �•.? � 1 j J _- :J 1 -1 _ � Q z J ' . Packet)Pg '712: v L• pr. � ` N to V - co zz zn ' r � F U M r r r 0. D U ca tt J •N y z _ N 1 J M 1 v N r •5r _ �' t' yi n` 'J J •r - �. J W _ 7Z: tC x 77 zz '-.• � - _ •� y _ - — r % - ' _ — mil. r ti•" �{� \�_ y v = _ J _ J L• O J a .f. i wI X11 o `c Packet Pg.713 v � o �. v C N T hn u Q V r I 1 r f M T l ' a � J U Co Cu - E ^ L 1 Co L _ 7 V - O Cl) ti v CD 4C r Al J _ _4; 1 _ _ �.. _ -, y J J NNO CL rl tz J � � I V I I v i a Packet Pg. 714 q r y Q '� RI �r T N ti ti _ Co OC f• f F- Yyi � M - - T T T - U c V 7. _ E a, r C — 4 - ` N r N CL Lj L LL tir v - � - ^ - ti I is Z Packet Pg. 715 6.B.h 4 ti O r Co O + J OO •,y c o f r � C - - f— M Co c _ J E qj gz M tr ® L ^ ^ _ � CD ti r O o C y = I N tt /NyQ 71 0 E ZZ - 77L z rI w �I Packet Pg. 716 0 V :1 bt r o I T f� N 00 00 TTc I GG_L rr r M T T U 1 I c C L t4 G f4 L r 0 M Cl) T G rr^^ T V T VJ O Q h O d v E ti U a � a J M •v V 1 Packet Pg. 717 6.B.h 4. Mitigation Monitoring Reports a a N Mitigation monitoring reports are required to document compliance ,%,nth the Mitigation Monitoring I'ro raut 00 and to dispute arbitration enforcement resolUdOtl.Specific reports include: H F- • Fi,e.(.al.G4"Re p r • 1 v��-(R w�2vv1 uu�lio w Rip-o rf- (L U 4.1 FIELD CHECK REPORT -a Field check reports are required to record in-field compliance and conditions. c 4.2 IMPLEMENTATION COMPLIANCE REPORT L The Implementation Compliance Report (ICR) is prepared to document the implencntation of mitigation cc measures on a phased basis, based on the information in 'fable 3-1. '1'hc report summarizes implementation compliance,lllCluding nvtigarion measures,elate completed,and monitor's signature. o0 ® I N Cl) r C3 N r r r O Q O v- R r U n LL G N >_ u ca a E u tQ w Q Wulerman Gardens Muster Plan Miligulion Monila•ing Progrum P w Packet Pg. 718 6Bh"! 4. Mitigation Monitoring Reports c� 0 N CDr a 0 N co co T t M T a. U N G N L R 0 G O E L 0 M GS M T 0 N T- 0 Q d •F- c0 M! U U- c w E v r Q c a� E .c U 0 Rf Q Page 4 •The Planning Cenler'D(WE Jul,, ' Packet.P-g.719_; S. Community Involvement O N T a 0 N co co T N M T a y _ y c� U L i� Q Q M M T J N T T N Ty L O Q. 4� V U. _ d E V �F+ a _ d r a Page 26 •The Planning Center)DC&E June 013 Packet Pg.720' i 1 N 9 6. Report Preparation a 0 N 6.1 LIST OF PREPARERS 00 r The Planning CenterlDC&E r M r liroohe Pctcraon,Scnior Associate r r a City of San Bernardino, Lead Agency U .Aron Hang, Project N1:itmgcr F _ L V _ E L Y 0 Cl) CN r N T r N r O Q. NN(D 1.6. Y U LL c d E v ca Y Y a E Y Y a T'wel-mcm Gw-deiis Alasier P 1c1/1 Aliligwioll A'follitol-ing Pi-ogi-am Pur -,' ?! Packet Pg.721 6. Report Preparation TGu�y image�e�fi+-oYu�,Gy Lej i-�Ca�� N O N a 0 N co co T F § r 1 i r r IL U y C O a L 0 C C4 E L N �F+ O Cl) O N M T O N r N T L O O Q. 4- y- R E1? U a LL c m E t u R a E s c� a Page 28 The Planning C'enterjDC&E JltlZe 2013 ATTACHMENT G C)tStiU / Th101UTY Of -F11T: dr" (;C)UNTY 01- SAN BERNARI)INC) r} r 1: Ztl1t'± ' (,r d?l,lillr�i"o O �tricr�i, r7 nr rz-r; N Q O June 14, 2013 N o w Dear Colleagues & Neighbors, s For over two years, we have held various public meetings to discuss the future revitalization of the Waterman Gardens Housing Community. We thank those that have joined us in the past; your support and participation through these meetings have been beneficial to the U revitalization efforts. w We are hosting a meeting to provide an update on the current efforts and were the project is �s going. We hope you would be able to join us for this important meeting. The meeting logistics c are as follows: E Date: Tuesday,June 25, 2013 E r Time: 4:00pm - 5:0013m ca Location: Waterman Gardens Community Center, 402 Alder Street, San Bernardino ?� 0 92410 M rn N The master planning phase of the project has been complete, but there are still areas were we M need your feedback and involvement as a member of the surrounding community. This N development will have a positive economic impact on the entire community through job creation, increase in property values, curb appeal, and much more. r" 0 Thank you ahead of time for your participation and we look forward to working with you. In 0 the meantime, if you have any questions, please contact Shirleen Garcia, Project Manager, via email at sgarcia @hacsb.com or via phone at(909) 332-6317. n U Q. Sincerely, U. m E Daniel Nackerman President/CEO Q c d E �a a ,)IN.S90,0644 i ;\AVVV-11aC:SS;.('OM Packet Pg.'723 Calculator apartments Page I of ' APARTMENTS CALIFORNIA N Q 00 THE BOTTOM LINE N co T ne econornic impact,o}:11 rlPvv iaC",3rtt'•.1er't H TOTAL ECONOMIC IMPACT $153,804,833 � Cl) a. r T TOTAL JOBS SUPPORTED 1,549 v N C i tC APARTMENT RESIDENTS R E L Total Economic.Contribution — a) Y To'at Jobs Supported Spending Power 0 Jobs Supported co APARTMENT OPERATIONS M T Total Economic Contribu ion N Total Jobs Supported ci Operations Dollars Spent on-site Jobs O o. APARTMENT CONSTRUCTION w Total Economic Contribution w Total Jobs Supported 0 U Construction Dollars Spent d. On-site Jobs L' Y nay not aJo w'. •P*: ruundin: d E --t t V Y Y Q Y V Q -- ' 1 2.. http:l' «'eareapartmer iT.s.org/calculatorlinew/4i i!california b. Packet Pg. 724 HACSBFACTSHEET W. aterm an Gar- aens f � � i, ' Housing .p Vit 04 co Rev.-I .afizafion Proj*ect h F- n 1943, the Housing.Authority of the County community. The new site design will increase lof San Bernardino (HACSB) built its second the housing count to approximately 400,ranging T affordable housing complex: the Waterman from affordable to market rate family units, as Gardens Housing Community, which then well as designated units for seniors. v ' consisted of 270 units including temporary war Even though community and child care housing. Today it has 252 affordable housing services are now available on site, a larger units. Though it has received various upgrades community center will be built to include more throughout the years,the complex has a number space for recreation and education programs such of deficiencies due to wear and tear r a r. E o a) and lack of adequate funding to - ' address the aging infrastructure.As a result,HACSB is beginning the process , o of revitalizing and transforming this i housing development on the key San v co Bernardino intersection of Waterman 4 Avenue and Baseline Street,to provide a N minted-income housing, community services, and commercial/retail opportunities. ' -� o CL The goal of the redevelopment .. °' 1 is to create, through a participatory process, a sustainable neighborhood Unit l-RG: 0 sENrans 3 BEDROOM TOWWfOM ®COMM LO CgMp=yCARE that includes a variety of 1OlSifl typ S ' -a— own- in small community clusters that are ��L'2 V 6EUN06N TOWNHOUSE ®RETAK. knit into the fabric of the surrounding ABOVE: Site development plan BELOW: Preliminary sketch, Community Center E U °' � c U r a , ,.: � . NI . r Packet Pg. 725 as after school,daycare and early childhood development services, adult education, a computer lab,and recreational areas for an indoor gym and pool. More green space a t-id parks will also be incorporated for i basketball courts,soccer fields,and garden N blots. The site will be open to the entire community to utilize at their leisure. The ' Q unit types will range from 1-4 bedroom apartments and townhomes, with private co °_° barking, onsite laundry facilities, private. s patios/balconies,garden spaces,and energy efficient appliances. Community participation is a core element of planning r Total investment at the site is expected for the Waterman gardens revitalization. Community a to be in excess of$1.00 million dollars over members (above) and teenage residents (below) actively three to six years. engage in planning meetings. N s i Increasing the Housing Stock: c Current numbers: `U - 252 Affordable Housing Units a - • Approximately 775 residents E Post-revitalization numbers: ca Approximately 400 total units ' Approximately 1,400 residents c Benefit-- of the Devitalization M Project. T 0 • Includes a new club house to provide self-sufficiency activities for the entire community • Promotes early childhood development a through an on-site Head Start Preschool l Incorporates green features and tech- nology i • Maximizes 3 8-acres of land available to � expand the number of housing units available 1 • Durability of materials and design LL • Creates a mixed-income housing;community • Low operating and maintenance costs • Provide key resident amenities a) Project's Guiding Principles. Accessible active and passive recreation • One-to-one affordable housing unit space w replacement • Create a community oriented design • Develop a livable,balanced mix of • Improve traffic management..accessibility, residential housing types and integration with adjoining E • 'variety of unit size and scale neighborhoods � • Diversity of income-low to market rents Incorporate a green development plan and Q * High duality of living throughout architectural design h{ t HoU�INGAuTHoK1TYOFTHE U COUNTY of SAN BERNAKDINo Tcs S$BIER DRIVE.SAN BERNARDIN0.CA WMW F 4rxiM0644[WW W HAtS&GOM i Packet Pg.726 QWaterman Gardens-Public Outreach Efforts,2010-2013 DATES Community Meetings-Including Residents, Stakeholders&Neighborhood Groups neighborhoods,providers,and stakeholders. Sept 14-San Bemardino City Unified School District(adjancent land ownprl N Sepiernber-2010 9 N r Q 0 N m Oct 7-Pra eci announcement to Waterman Residents ° Oct 13-14 Focus Groups:Waterman Residents 6 groups 7 .e October 2010 r c Nov 15-Community Worksho 11-Visioninq Exercise Nov 15-Community Worksho 1-Visioning Exercise _d Nov 16-Walking Audit#1:Tour of Existing Site with Residents Nov 17-Diocese of San Bemardino and Our Lady of Hope Parish a Nov 16-Focus Group:Teenagers Nov 17-Focus Group:Neighborhood Residents - M r Nov 17 Stater Bros Markets ad acent land owner)' November-2010 Nov 17-Harold Willis adjacent land wrier)r r Nov 17-Focus Group:Loral Businesses a Nov 18-Community Workshop#2-Neighborhood Site Planning Nov 18-Community Workshop#2-Neighborhood Site Planning U Nov 18-San Bernardino City Unified School District(adjacent land owner N Dec 14-Walking Audit#2 Tour of Exisiting Site with Residents Dec 14-Focus Group:Mobile Home Park Residents(adjancent C d Dec 14-Community Worksho #3-Site Planning _ Dec 14-Community Worksho 3-Site Planning � December-2010 Dec 15-Community Workshop#4-Unit Planning and Street Dec 15-Community Workshop#4-Unit Planning and Street Design fC Design E = v C c� c E m a January 2011 -- — L- N Feb 1-Local Planning Committee#1-Pesent inlial design Feb 1-Local Planning Committee91-Pesent Intial design .. c alternatives alternatives CD U Feb 16-Harold Willis adjacent land owner Cl) a Feb 22-Local Planning Committee#2-Present revised design Feb 22-Local Planning Committee#2-Present revised design � February-2011 alternatives and initial Community Center plans alternatives and initial Community Center plans .N.. v � M N Mar 8-Local Planning Committee#3-Present revised Mar 8-Local Planning Committee#3-Present revised Community Community Center plans Center plans r Mar 29-Community Meeting#3-Present Preferred Concept Site Mar 29-Community Meeting#3-Present Preferred Concept Site ;y Plan Pan r O c March-2011 CL S Mar 2 San Bernardino City Unified School District(adjancent land D a - Mar 3-Harold Willis adjacent lard owner)' Mar 7-Diocese of San Bernardino and Our Lady of Hope Parish ft3 L) I n C2 a a a` April-2011 ' — - LL May 10-Local Planning Committee,#4-Discuss Architectural May 10-Local Planning Committee#4-Discuss Architectural Styles = Styles d May-2011 E V December 14-invited surrounding neighbors,property owners, December 14-Invited surrounding neighbors,property owners, December 2011 businesses,and Housing Associations of up to 1,000 N radius of businesses,and Housing Associations of up to 1,000 It radius of a site. site. i+ Mar-13 = d June 25-Invited surrounding neighbors,property owners, June 25-Invited surrounding neighbors,property owners, E businesses,and Housing Associations of up to 1,000 It radius of businesses,and Housing Associations of up to 1,000 If radius of site, site- V t4 June 2013 *' a June 27-Invited all residents at the Waterman Gardens site. General update and reintroduction of the revitalization project. Waterman Gardens-Public Outreach Efforts 2010 2013 Page t of 2 Packet Pg.727 6 Bah= Waterman Gardens-Public Outreach Efforts,2010-2013 DATES Social Service Providers City Agencies Sep 13 Councilwoman Viginia Marquez Sep 13-City Staff EDA Planning,Fire N September-2010 Sep 14- City of San Bemardino Economic Development Agency N Se 28- City of San Bemardino Water Department r ISep 28-San Bernardino Chamber of Commerce 0 _ Sep 28-Inland Valley Development Aaencv(IVDAI m Oct 7-Mayors Office and EDA Oct 14-Omnitrans co el October-2010 Oct 22-County Board Supervisor Joste Gonzalez Op !' Oct 29-Municipal Water Department and tour of future Rapid Bus t' 2• Line ISBX line)5 c Nov 15-Community Worksho -Vision in Exercise F a Nov 16-Focus Groups Social Service Providers ` «_ M m Nov 18-Loma Linda Universityr r r November-2010 r CL Nov 18-Community Workshop#2-Neighborhood Site PlanningV s N Dec 1-Alliance for Education conference cal Q) Dec 15-Traffic Calming Strategies with City Agencies b- December 2010 Dec 15-Community Center Planning meeting#1 w c Dec 16 YMCA C « Dec 16 Salvation Arm a Jan 26-Community Development Director Margo Wheeler E L a January-2011 . Y d Q Feb 1-Local Planning Committee#1-Pesent initial Feb 1-City Engineer Robert Eisenbeisz c Feb si n alternative O o CD U F 3 Community Center Planning meetin#2 c Feb 22-Local Planning Committee#2-Present revised Feb 1-City Water Department of San Bernardino N February-2011 design alternatives and initial Community Center plans o M Feb 22-Various City Agencies r Feb 22 23 EDA and SBX(Rapid Bus Line)coordination charretle O N Mar 8-Local Planning Committee#3-Present revised Mar 2-Councilwoman Virginia Marquez r Community Center plans Mar 29-Community Meeting#3-Present Preferred Mar 7--San Bernardino City Police Department-Lt.Gwen Waters N Concept Site Plan - r Mar 8-City of San Bernardino Environmental Health and Land Use O Services e March-2011 _ _ Mar 8-City of San Bernardino Water Departm ent �• a Mar 8 City of San Bernardino Building Department A y Mar 8-Inland Valley Development Agency IVDA c Mar 14-Public Works Director Nadeem Majaj o rA Mar 29-Ci of San Bernardino Public Works Department V ar 30 ounty oar Supervisor Josie UonZ21ez a Apr 14-Pre-D.FRC meeti with Ci Agencies a April-2071 Apr 27-San Bernardino Fire Department Chief Dupree r Apr 27-Department of Public Works Integrated Waste LL Apr 27-San Bernardino Police Department May 10-Local Planning Committee#4-Discuss May 1 1-Fire Department followup with Chief Dupree = d Architectural Styles E May-2011 May 11-Plannin sea lication meeting � May l l -Department of Public Works Director Nadeem Majaj, U review Sewer and Water issues tSi Y December-201 1 Q r� Mar-13 March 14.DERC Meeting at City of San Bernardino, Design C Envrrnmenial and Review Committee. June 25-Invited surrounding neighbors,property E owners,businesses,and Housing Associations of up to V 1,000 It radius of site, 2012-Present-Ongoing meetings withDepartment of u is June-2013 Works and Community Development Department. Q June-Meeting with Councilman John Valdivia June 24-Meeting with City San Bernardino Mayor Patrick Morris 10 June 24 Meeting with Councilwoman Virginia Marquez June 27-Meeting with City San Bernardino Police Chief Hand Waterman Gardens-Public Outreach Efforts 2010 2013 Page 2 of 2 Packet Pg.728` I ; I I N (A cu r_ LU j I l 00 06 + r taD w� CD III CQ N I i l CD 3 i j i T v I i i 04 I I r r : M C. at i I c� LW i d E } ! I ! u I G Ln uj 6.B.h SIGN-IN SHEET WATERMAN GARDENS REVITALIZATION Th.unda;, JUNE, 27, 2 013. 4pm-SP M Location:WG community center,402 Alder,San Bernardino,CA 92410 pt-ibuc outreach, community mieeting wil4111 own-site WG Residents N PRIN?NAME Addre:'ss r t �i"i '�"Sl I"'✓�.. ``. .J R it trl��Y'i tt t�!i C A�f.S' ;..f�'c::� ��% ��✓':;�i.•^.yY 4 ?" C(CkO 7Y (I/ a. � ✓/ r��//J�: �....1� �.' �g t f/.� r �.��.yy'�jA,.•/ii.+Y_.. - .A�7 �.... ��''�` l �f V 1 da ��Q iJ / h C21 s'i ��f\1 � {,�"( t l(.� !�.'..X.-'r`/�' � _ ..tom• Cl' ..r f{�:.1 f ..f /} ../�' 1'1 { �•r '�. `-1 l > �,,, ) � ...t._ - � � G L , • ?tC`�` `�`� 0`!\t ry } 6� �,:'C' �'. _! `��1�.. "1 i v ai ;Z(Q x f,01-S JNA.0, 11 X; f r(,.'tip•" '� ::er'..... ;` ci � /'., _��'i/�f(.L �'7, li, 'C! { tP iw.. I F'!-( 1y."..y}(f Ly�,�:f{."E'_--..... ,•y .,( E 5 u I Packet Pg. 730 6.B.h a a N Co _M S_ p sh r r r D.. U N a> 0 c r E L tlf Y O M M r O N r r r -Y O Q. O u- fC1 PA U a c m E t U tSf Q C v r U f4 w Q Packet Pg. 731 FIRST5 SAN BERNARDINO f� O a 0 N co March 15, 2013 00 r H Mr. Geor_Te Searcy t co Commissioners Executive Director Hope Through Housing f=oundation a 9065 Haven Avenue � I inda I laugan U Chair Suite 100 Rancho Cucamonga. CA 91730 Dear Mr. Searcy: Max"ell 0 Oinkhuare.M.L). e CU vi«-Chair The Children and Families Commission - First 5 San Bernardino is honored to E support National Community Renaissance ('rational CORE] and Hope Through Housing Foundation (hope) in their plan to revitalize the Waterman Gardens S ! atk'Danick community at the corner of Baseline and Waterman Avenues in the City of San c Conn messlow 0 M Bernardino. N M Our understanding is that. the overall development will include approximately 18 `e`I"Fg ` single family attached housing units available for purchase by first-time hcm�ebuyers. `�' Commissioner single y P r approximately 75 affordable senior units. with the balance of roughly 298 units being multifamily rental housing, affordable to low through moderate income. 0 latnec Rann; � Ccro,mis�ioner We are very pleased to know that the development will have a large community � center that will provide much needed services to residents of the community and the surrounding neighborhood. Having a community center to be a "hub" for community m HHoi based services provides a tremendous opportunity to advance the well-being of v �A':instzin,M.D. children. families and seniors in this area. This project will align with the County's C nmmus.mer u_ vision of a sustainable system of high-quality education. community health, public safety,housing, retail and recreation. a) V Hope has been a great partner in the community providing residents living in low ;g income and affordable housing communities with much needed services. 1'hese a programs include case management; health and wellness. fitness programs and activities, food assistance and nutrition education, and service referrals. As a partner E in this endeavor. First 5 San Bernardino is willing to offer continued support of improved early education for preschoolers, enhanced health access, coordinated Q CHILDREN AND FAMILIF:S COMMISSION FOR SAN BERNARDINO COUNTY 310 NNORTH D STREET,5TH FLOOR SAN BERNARD NO.CALIFORNI.A 92415-0442- 909.336.7706 FAX 909.."x86.7703 W \'W.FIRST5SANBi RNARDINO.ORC; Packet Pg. 732 Hope Through Housing Letter of Reference Page 2 of 2 childhood mental health screenings. prenatal services for pregnant women. family resources and o other strategies with funded programs that include the Waterman Gardens community if this local organization is selected_ o rn N With the partnerships that Hope establishes with community based providers, it is uniquely 00 positioned to provide social services to residents in affordable housing communities where they live and residents in the surrounding neighborhood. This holistic approach to community � revitalization helps residents develop supportive networks and resources for }rope's initiatives 1:or child development. youth development. economic mobility and senior wellness. a The Children and Families Commission-- First :i San Bernardino commends National CORE; and v Hope on their commitment to community and their leadership in working with community based c providers to improve the quality of file for all residents in the City of San Bernardino and .a endorses National CORE and Hopes plan for a newt, affordable housing community in this high cU need area of our community vxritlt great anticipation. We look forward to working with elope to = make this a positive relationship for the residents and the community. L tt5 t+ Sincerely, 0 M Karen E.Scott N Executive Dircc:tor r 0 a m c� cn U Q It C d E U fC Q C N E t U IC a Packet Pg.,733 Fr"19 OUR LADY N O NH(JPE N r a 0 N co 00 October 21,2010 s M r Office of Public Housing Investments r Department of Housing and Urban Development j 451 Seventh Street SW Room 4130 v Washington, D.C. 20410-5000 Re: San Bernardino Waterman Gardens 0 c Ladies and Gentlemen: E E d I am the president of Our Lady of Hope Catholic Community, Inc., and I am writing this correspondence in that capacity. I support the efforts of the Housing Authority of the County of San Bernardino to transform Waterman Gardens public housing into a mixed �°, income community of choice. Many residents at Waterman Gardens attend mass at Our N Lady of Hope Catholic Church. We, as a parish, are willing to participate with the r Housing Authority in the planning process and to provide our civic support as appropriate N over the next few years. N The Roman Catholic Church, of which Our Lady of Hope is part of, is committed to the o belief that housing is a basic human right. We support participation with the government and other entities in working to provide fair housing to all people, regardless of race, color, religion, sex, or national origin. We will remain committed to that belief and will participate in the process with that philosophy as a guiding light, to be a source of inspiration and hope in the community. a. u_ Yours in Christ, E 4Mj*2, V ry Rev. Romeo N. Seleccion,M.S.,E.V. Q Priest Moderator/President A d Our Lady of Hope Catholic Community, Inc. E Y d+ a cc: Most Rev. Bishop Gerald R. Barnes, Bishop Most Rev. Bishop Rutilio J. del Riego,Auxiliary Bishop Valencia location e-1000 N Valencia Ave.-r San Bernardino,CA 92413 Telephone:(909)885-0948•e Fax:(909)884-8976 Del Rosa location•:•6885 del Rosa Ave.•3 San Bernardino,CA 92413 Telephone:(909)884-6375-e Fax:(909)884-8976 Packet Pg .734; g� ` • - - • 'F E E! a.f_+_.-rig.=r'ri ;';.� Fr7-�.; 0 !..�.,.r.x..a+.,.,n_..r, k j•JN h;aC, �� �eRr.v ;tiC .>;�V.% Q Marrh 7,2013 C] `w Adrnr ds;rat ve Office 04 6V S iNdi:'Bken Avenge,S,:te f.-:4J 00 r Cr:zre. Cal;forna 5 Mr. George Searcy 909.605.2709 o;o,,,�xecutive Director , !)9.605 E802 f>-x Hope Through Housing Foundation r 9065 Haven Avenue a ^.c.-nm strati've Ot' Suite 100 D 1035 Cast VaLey Pa- w•a- , U l�Acho Cucamonga, CA 9173)0 �, csconddo,CaCfen; C 9K2s E -76C.743.1185 pha.,dear Mr. Searcy, � 50.7�;5.25210 tax On behalf of Easter Seals Southern California,this letter is in support of'National Community Renaissance("National CORE)and Hope Through Housing Foundation (Hope) efforts to revitalize the Waterman Gardens community at the corner of Baseline and Waterman Avenues in the City of San Bernardino. This development will benefit first time home buyers, seniors and families with low to moderate income levels. M rn Easter Seals provides adult services,residential services, employment services,autism services,and child development services to over 7,000 children, adults and families with N and without disabilities,throughout Southern California. Easter Seals is pleased to r partner with Hope to benefit the children. families and seniors in the community of San Bernardino,where much needed supports and services are critical. We are excited to be able to continue efforts together to strengthen the well being of children and families. Easter Seals will offer to the families in the community a free screening tool to help identiA,possible delays in children birth to 5 years of age and will provide these children and families resources and referrals for early intervention services, if a possible delay is identified. r v U. rz Easter Seals wholeheartedly supports Hope's efforts to improve the quality of life for the residents in San Bernardino,and looks forward to working together to change the lives of generations to come. U a Sincerely. L �' ✓ ./i.-Y;. ����--may„�.�� �etty Reck'r Vice President,Child Development Services Ii.ILL;U'.SOU?ile?-I1^Qi.E'.CLSfel-se a N.ro*;t Packet Pg. 735 Office of the p 4elli sco E p i al Vicars Diocese of San Bernardino N O N T Q October 21,2010 0 N 00 00 T Office of Public Housing Investments F- Department.of Housing and Urban Development M 451 Seventh Street SW Room 4130 r T Washington,D.C. 20410-5000 a Re: San Bernardino Waterman Gardens v tq C i.adiCS and Glntlelllell: g (7 I am the F,piscopal Vicar of the San Bernardino Pastoral Region of the Diocese of San Bernardino, and I ain writing this correspondence in that capacity. I support the efforts of the Housing Authority of the County of San Bernardino to transform Waterman Gardens public housing into a mixed income community of choice. Many residents at Waterman Gardens attend mass at Our Lady of Hope Catholic Church. In my capacity as Regional �a Episcopal Vicar, I write to state my willingness to participate with the Housing Authority N in the planning process and to provide our civic support as appropriate over the next few M years. N T The Roman Catholic Church, of which we are a part of, is comnvtted to the belief that N housing is a basic human right. We support participation with the government and other entities in working to provide fair housing to all people, regardless of race, color, Q religion, sex, or national origin. We will remain cominitted to that belief and will a: participate in the process with that philosophy as a guiding light, to be a source of inspiration and hope in the community. Yours in Christ, a U- Y c a� 0 cGG� Very Rev. Romeo N. Seleccion,M.S.,E.V. Q Episcopal Vicar San Bernardino Pastoral Region m Y Y cc: Most Rev. Bishop Gerald R. Barnes, Bishop Q 0 Most Rev.Bishop Rutilio J del Riego,Auxiliary Bishop 1201 East Highland Avenue,San Bernardino, CA 92404 V Telephone (909)475-5107 Fax(909)475-5109 + Email: cpiscopalvicarO�sbdiocese.or Packet Pg. 736 Y Children's I Fund N O N r a I''Jiar ch 14, 2013 a) N 00 Mr. George Searcy, Executive Director 00 Hope Through Housing Foundation H 9065 Haven Avenue, Suite 7.00 M Rancho Cucamonga,CA 91730 Dear Mr. Searcy, EL V Children's Fund is honoree;to support National Community Renaissance(National CORE) and Hope Through y Housing Foundation (Hope) in their plan to revitalize the Waterman Gardens community at the corner of Baseline and Waterman Avenues in the City of San Bernardino. The overall development, including more than 400 housing units for first-time homebuyers,seniors and c� families, is much-needed in this area.We are also pleased to know that the development will have a large E community center that will provide services to residents of the community and the surrounding neighborhood. Having a community center to be a "hub" for community based services provides a � tremendous opportunity to advance the well-being of children,families and seniors in this area.This project c will aiign with the County's vision of a sustainable system of high-quality education, community health. N public safety, housing, retail and recreation. M T Hope has been a great partner in the community providing residents living in iow-income and affordable N housing communities with quality services. These programs include case management; health and wellness,fitness programs and activities, food assistance and nutrition education, and service referrals. r Hope is uniquely positioned to provide these services to residents in affordable housing communities due to it existing partnerships with community based providers.This holistic approach to community revitalization helps residents develop supportive networks and resources for Hope's initiatives for child development, youth development,economic mobility and senior wellness. R Y CAP) As a partner in this endeavor, Children's Fund is willing to offer emergency needs provision as well as a education;support to the residents in the Water main Garden's community through already established UL partnerships. Y c d Children's Fund commends National CORE and Hope on their commitment to community and their E leadership in working with community based providers to improve the quality of life for all residents in the City of San Bernardino and endorses National CORE and Hope's plan for a new affordable housing Q community in this high need area of our community with great anticipation. We look forward to working with Hope to make this a positive relationship for the residents and the community. m E t Sincere!y, Y Y ® Stacy Iverson Chief Operating Officer 348W.Hospitality lane,;.'110 San Bernardino,CA 92408 909.379.0000 909.379.0006 fax vmw.diildrensfundon line.ore Pack @t P.g.737 6.B.h -�OF10R�U T G.� J G C] z w rn i:afY S ihOn105.Es7.i? Sur'erinfinAt+rSt San Bernardino County Superintendent of Schools N r a 0 N tb tp January 17,2010 T_ F- E- M Susan Benner, Executive Director Housing Authority of the County of San Bernardino a 715 East Brier Drive M San Bernardino.CA 92408-2841 v y C - GS RE:Commitment to Partner for Community Facility Grant ca c to Dear Ms Benner: E m I am pleased to provide a letter of commitment on behalf of the Alliance for Education.an initiative of the San Bernardino County Superintendent of Schools. We are especially interested in establishing a strategic o partnership with the San Bernardino County Housing Authority at the Waterman Gardens public housing N community. The Alliance for Education provides support to local school districts throughout San Bernardino County, including the San Bernardino City Unified School District (SBCUSD). One example of our partnership locally is the development of the Science, Technology;Engineering and Mathematics �! (STEM) programs of study within the SBCUSD,with whom we collaborate to prepare students for higher = education and eventually technical and professional careers. As a public entity accountable to the taxpayers of San Bernardino County, we share the housing authority's goal to increase access to 0 education and, through our mutual efforts, improve low-income resident economic mobility and self- sufficiency. The Community Facility planned for Waterman Gardens will provide a supportive and complementary setting for students to excel academically. I propose that if the grant is funded and the facility completed V that the Alliance for Education will work in collaboration with existing partners, including SBCUSD and LL California State University San Bernardino (CSUSB) to provide programming on a part-time basis to include parenting support through two trainings: the TWELVE POWERS OF FAMILY BUSINESS and the SBCSS PARENT INFORMATION RESOURCE CENTER. Additional programming to be held at E the Watennan Gardens site could include the development of elementary and middle school level after- school programs in robotics or STEM exploration in partnership with CSUSB and/or the San Bernardino a County Community College District. Finally, assistance in literacy support for high school students enrolled in STEM programs of study could be provided by tutors or apprentices in partnership with higher m education partners. All programming and staffing to be provided would be pending upon grant funding E and in-kind resources or new funding sources as the center is completed and available for public use. These supportive and complementary programs will provide a necessary and strong foundation for Q families in order for their children to succeed in school and the workplace. As the students establish proficiency in college and career readiness skills, it will be expected that they will matriculate to a community college or a university setting with continued support within the local community, as needed. This principle and practice of social embeddedness will allow us to collectively better serve the community at large. Education sulp'l-t'SK-1-vices Division s IxAie Roddcn,Director,Higher Education and Workf ere De�vlopn)ent Unit cm North E Streo>San Bernardino,CA FAX Packet Pg. 738 Please contact me if you have any questions or comments about our strong support for your effort to build a community center that is focused on education and training. N O Sincerely, Q CD 00 Leslie Rodden, Executive Director The Alliance for Education E- Office of the San Bernardino County Superintendent of Schools ~ M T a U y C L V R E L r R O ® M O M T O N T T N Ty L O Q LL 4� Y U Q u. Y C m E v R Y Y a Y C 0 E M V Y Y a D • A Pu Wr(iYy March 7, 2013 Inland Empire Health Plan N O Mr. George Searcy a Executive Director Hope Through I lousing foundation 9065 Haven Avenue Suite 100 Rancho Cucamonga, CA 91730 M Dear Mr. Searcy; a D v This letter of support for the National Community Renaissance (National CORE)and Hope Through Housing Foundation (Hope)is in regards to their plan to revitalize the Waterman Gardens community at the corner of Baseline and Waterman Avenues in the City of San Bernardino. c� We are pleased to hear that the development will have a large community center that will provide much E needed services to residents of the community and the surrounding neighborhood. Having a community 4) center to be a"hub" for community based services provides a tremendous opportunity to advance the well-being of children, families and seniors in this area. This project will align with the County's vision M of a sustainable system of high-quality education, community health, public safety, housing, retail and N recreation. r� 0 N As a partner in this endeavor, Inland Empire Health Plan(IEI-IP) is willing to offer assistance with health program information,enrollment activities, health classes, etc. if this local organization is N selected. We have recently had a few meetings with them to find unique ways to partner in their already � existing housing complexes. We know that many of our low-income families and IEHP members reside a in their communities and have vested interest in collaborating and health and wellness activities. IEHP commends National CORE and Hope on their commitment to community and their leadership in �^ working with community based providers to improve the quality of life for all residents in the City of a- San Bernardino and endorses National CORE and Hope's plan for a new affordable housing community !L in this high need area of our community with great anticipation. We look forward to working with IIope to make this a positive relationship for the residents and the community. E Sincerely, a E Marci Aguirre, MPH r Director of Community Outr ch Q Inland Empire Health Plan (IEHP) Aguirre-m(utiehp.org P.0 Box 19026.San Hemardinu,CA 92423-(>026 Tel(909)990-2000 Fax(909)990-2003 For TTY Users(909)890-0731 vcll our wensilc al:w„«.iehP.ore Packet Pg.740 (:r:::l1.9.t:`f f.:lUt.sir!; N O r a Susan Helmer. I::\ecutire i)itectul � tint*+.na 'Luthovii% ctl the t_'uunt% of lsan:f3cmi;.r lido N Co S RI. COIilalilnit'!1i to i'arttitl...lOr(;,Inmunttti.(act;irti T T a n Please lr Pim!dC a letter tit c!?::imillicill Oil bna!t of that t ahttirilm,`late t:nivei'Sit\'. San Bernardino iC.tit sl?; V t t1t! �r Of E.ducaiilnl , Dcpartnlem Of SCienCC.. viath((ilaittl'S, iuid IC01110i01Z L i}GCalion u!i'i iCSPL'C: iti out to ;eat.•is p1af1T el0.3;% With 0'1: San BV!_n.rdi;w C t+unt% iimis;ll;_ :1uth.lrm at the 1i+'aiernlan(;aiden •i,uhli, bow iii • tv \:oPinlunit\ Because of tn1 ;ie-iona! and professional irinl,Ctrtctn its applied technulu n µchill t.N(,S 3. I loresec ht+\\Vic ficiencc. Technoio>r . F..nrineering and %Coh iSTI W curriculum \sithitl the San f3cmardino�it,' t.'n! ied � C `\t'iinuf DiStrli;l vSBC"t'.SD.1 :Mil prepare student-, for ing-I cr LIIucation ill C its Matt: San Bernardino and ercntuili!l f4 !CC'lmcai awd prr+tes�,ronal car;-ers As u puhhL urliver'S11\. wY >-bffe the hour-inr atith(rlt\'�"Offf tU IW-C3SC aCiC"!0 E Lj.lC'UC+r,;E)C 1111`01,1`11 OUT illtittiai t'ilorts inlptil\'e wv.. ;tit.omv ie>idenl econunnic r ormlit\ ;.n'u scll >ultlt ien::\ the ( t?nlmtllIil% hacilih' planned tOr Waterman l art.lt.'tl, \i;!t �tovidc a Communav scui`l_ w, students to ,;C1dem:Cnlly i n'•opo.,e that=f the trans is funded and the ;:rc!i+'\ cortirleted that i'Gi till will estahli\h acct maintain Cl) _, ilCl>siVi?!t) pt"e�c'�te t,t}Llas i'ICrI\i t\flhlli ittL' jtliM4lCit ttiClht\' Rill{ lilitt the l4'hCill!}g ihCrf' he coordinated \tilt} ills' SB(TISD and Ine Alliance iar Education to civ ure continuity Tilt planned center Matt also help rrepare aspiritiv+ CY) umversu:\ students \&ith greater aCCCs1 and pro\,idt• xce"• to Coulnuter technolofi\, learnim?. ald-; and remedial N tramiwa, and access to menlorina and tutors. The sums , id ,audvno need to leant\vnhin a community-hosm' ietiing r close t()t•mrylO\ment anld\4?tI!nl communit.ic,µlist 1\'l\ich ihe\ !hens;f\. such as Watcrman Gardens, As it?l's udcnis +� r esl;Nish prr+tieltw.'. I would e\peCI them n;maltriLtAWL'to x iulnei.ny selling will tiovie eontinuim:support \\ithir i the local COtntnlnlit\ as needed Ties principle and "racticc of social embeddedness \\ill allow the uni\t rsit5 lip Q. betfm Serve the conlmunit\ it large. The henveen hi'ghe+ Cduwtiori anti,job training in our evokim, rCCll t._ h applied ticicnceµ ii pe+. se C:in:�m\ csp tall\ nmrw ine 11)c application of S t It4hnOli,y' Cngineering and t \aIIi't\ 0 Lai-cur options for High school studentb.. iidults and \tilt support hwoness and incluStrl within tan to kermirdino t oum\ U a 1 CO'llaLl 111"' 31 '40t?•'53 5287 OWUld NOV [MVL: tm\ LIUCSlai+ns :+r con rnent5 al?oul !T?\ mvirm, Support fOr \Olt! LL rr eil�wt to huliii it communi(\ Limier that IS fecuSCO oil cducauor;and trattlu!tt E d t;t:;13'lih A St►rct:iiii,PhD E k1olessor of Education.t'tdie_e itf I ducatint; U California i;rilversit\. pan Hcrmalydmo r a Packet Pg.' 741 R T Q N tb 00 T S_ F-• C)fticc of Public Housing Investments M T Department of Housing and Urban Development r 4�.1 Seventh Street. SAN`- Room 41 30 a Vt'us!litt iotl. DC _0410-5100;) U y Rey Letter(if Support � ry Application for Federal Funds- Waterman Gardens Public Hosing C'ontmunita a San Bernardino, California c CU Dear Mr. Secretarw: E ar I fie l loti,ing At.rhority of the Count\' of Sar Bemandinc, is preparing an application for Federal funds to indertake a two-wear planning process to transform the 1 atennan Uardcris Public Housing Cornrnunitw a in ` ,,in Bernardino..California. into a mixed-income nc.tg:iborhoo:d. Cl) t)€nt,itrans provides puh lc transportation throughout the turn Bernardi-ac Vallee an%J stronglN support, the M T Oath^rits''s vision for this important ct:nlmtiri?tv intprow cnx:nt. o N T f)ninitrans is a Join! t'o:wers Authority go.vernca by a 20-mean c, l3card of Directors representing the CV Count\ of San Bernardino and the 15 cities withal thi Oninitrans service area. We have serv:d the con-imunity 6or over 30 yearz. Our service area Ct?l'ei's 456- quarc miles within San 13:1118iClino COUrli\ O !Z an has a popuiati-,�n of over? million, In thv,se %iffictilt economic times, public: trans port.it ion is essential and we an united with tht, public rn housing authority in service to our community. We fal'y support the housing authoriir's efforts to link Lj people with opportunity. Improving the A'aterman Gardens Public Housing Commi.with a i'l riot vlliw n- illiuri!vl the lives of those who live there; but the surrounding community,as -,+ell. U. G Their success is our suco:css and vwe fully supper, this v,c?rlhvv!rile c011-111 Hitw venturc. Should yo,u have any questions. please do not hesitate to contact ine at 909-3714-71 12. � Sincerely, a V f0 Milo Vittoria (:EC:)General Manager Q c Susan Bergner. Executive.Director, f lousing Authoritv.Coantti of Can Bernardino iii ��°c ve opi aiFyi+aro N", San Bernardino International Airport 3 ' �yyn N O N October 14,2010 Q 0 N O co cT G Office of Public Housing Investments � Department of I lousing and Urban Development M 451 Seventh Street, SW Room 4130 r T Washington; DC 20410-5000 d U RE: CHOICE NEIGHBOPLHOODS PLANNING GRANT FOR WATERMAN GARDENS R Dear Colleague: _ is I understand that the Housing Authority of the County of San Bernardino E (I IACSB)has begun a process to examine ways to improve the quality of life for the people who live at Waterman Gardens, such as the physical condition of the housing and the nature and extent of neighborhood services including access to health care and employment opportunities in M the vicinity. The Plan for Transformation will involve frequent and ongoing resident and community involvement. The HACSB has a long history of service to low and moderate income r families and individuals and is a valued partner in the City of San Bernardino and the Inland N Valley Development Agency (IVDA). We look forward to working with the HACSB on this exciting planning process. This letter is in support of the application by HACSB to HUD for funding to undertake a comprehensive Plan for Transfonnation at Waterman Gardens in San Bernardino. The IVDA � agrees to provide in-kind services. The in-kind services are committed for use by the Housing a Authority as specified below. a In-kind contributions providedd by the IVDA may consist of office meeting space, u. equipment, vehicles, meeting space, goods or services. Any contributed labor in furtherance of the Plan for Transformation is eligible for donation to HACSB and may be represented as such. s The source of funding for these in-kind services are included in the IVDA budget for FY2010- 11. Q Please do not hesitate to contact me at (909)382-4100, extension 231 or email aestrada@.sbdairport.com if you have any questions about our strong support for the HACSB in their pursuit of funding from HUD's Choice Neighborhoods Planning Grant Program. Q 294 S.Leland Norton Way,Suite#t • San Bernardino,CA 92408-0131 • (909)382-4100 • FAX(909)3B2-4$06 htip://www.sbdairport.com A PROJECT OF THE INLAND VALLEY DEVELOPMENT AGENCY AND SAN BERNARDINO INTERNATIONAL AIRPORT AU packet Pg.743' r 6.13.h Page 2 October 14, 2010 N O N a Sincerely, N O !?!LAND VALLEY DEVELOPMENT AGENCY T Alex Estrada a. Director of Redevelopment and Transportation c-,: M;keffiurrows U Chad Merrill R 0 Kelly Berry c Susan Benner,Housing Authority of the County of San Bernardino m E L i+ 2� T O M O M r O N T �a T O M Q� m II�^ v! U a. c d E v R a a) E a f a 544'. i i Leta r OFFICE OF THE MAYOR PATRICK J.MORRIS �!_ 0 North I)Sn u S.i?'.i3ti-naremo.C A t».1 i 8 c ! ] l 7 J )i!).,b4.S(.i3• fax 9111 Z}:=t.itlfi. CJ Q 0 N October 1 1, 2010 00 f S_ h- t— l.i'tlt of Pubhc 1 oitsing lrivestnients M r Depal-tilleilt 011 10USH11' ,I Urban Ue1'Elopllleilt a ' Se\enth Street, SW Rooul 4130 1�ashit;�tur,.. DC 20+10-5000 4 N C L 1 i:f:: Choice Ncigghborhootls Planning Grant for Waterman Gardens � �s E L Y '::lc C !,I of, Stan Bernardino is pleased to support the ('ounty of* San BUMIl-6ino 1louSi!-, M a� :�iitllclr;?\ � Choice Neigtiborhood Initlative 1)larulin4� Grant proposal filr the C.irlr,icns traInmclrllation plan. The Housing Authority 01 till: County of Sall Bcrntiriliro (I l A('SB) leas o nee. n a process to exatlllilr ��ays to inlprm e the quality of' life fill file acolilc who ];\c a C! . \Vi,(Crwajl Gardens in the City of San 13ci-nardino. The City of San Bernardino Hill,; Supports . _ a tl.is rf!ort dli� to the consistency of ciirlcurrcnt aetivit:cs alrcativ in }?iocess iii t}:c City. o CL ("'.special interest is I Me synrergy between the Housing Authority, local r sidcnts and the ('ity (D all rc'spect to irnplcnlentI Operation Phoenix, the C'ity's comprehensive multi agcncy cftcrt Y to corlhat gang violence, create after school procnrarns and provide wrap around social scr\ices. U The 1-11ousin ! Authority serves as an Operation Phoenix partner through its pal,icih boil oil the � Operation Phoenix Steering Co1111llittee. Tlll'oLi�1h programs like Operation Phoenix and the a- Y Choice \cighborhood initiative. the City hopes to transform itself front one elf tilt• Most u:ln emus cities iii California to one of peace, prosperity and renewed economic �growtla. y � Y Ili flan for Transformation w1i11 invoke frequent and ongoing resident and conlillunity Q ji,.v(a\c Inert which is essential to buildi112 grass roots SLippol-t for change. One stratcn this Manning, process will fully explore is providing permanently afforciabic honlcowrici hip l�pportunities to aow and moderate Income families %vorkiuo hard to maintain self=sufricicnc\ in • Y o!,c of the country's most economically distressed communities. Q lr, addition to th Operation Phoenix initiative, the City of San Bernard•irlo. through its Neighborhood Stabilization Program (NSP), has initiated over 120 projects with a cuniutatiye Packet Pg. 745 6.B.h cost t)?ovi- • 5127000,000. 'lllesc prc)�ects are focused towards i titi;?aL'l, thz 11C,Li1tl\'t' cltCCtS of fo,,cc (.,ure and attenipiing to reduce crime and blighting influences Whin our residential rlcizilborllccicls. These efforts \\gill serve to tic in the Waterman Careens Choice \6,01borhood a initiali\e \+all other resources a\'a lill)ie to the City. one critical eomprment oC tise N ,;'£L'1S :\r:}l iit.ifltl of Sall Bernardino is the inemosed emphasis !n sparking gro\\'th around transit 0 A;it4m; To this C:7Ci. the City of Smi Bernardino has begun it ycnr!on`.planninzC.! cfro'ii 10 crc,.ite 3 N i mint Ocraed i)e.ei )pmert Overlay District around 13 transit stations. Many of these op St;lii01:: girt 1\lt fin a �� to `," ollle 1:0111 the ��alermal, Ui;l'dt i site and \i'ortlCl Ser 1'l the transit 5 F I-- 7 r his Flan foI' the Tra-sforniation of Waterman Gardens completely aligns with the goals and Q cthjc:.Uvt . OUdi led b} the Department of Housing & `ban Deve op ucint and I request Pas � proposal 'k:x:i\'e une hi�liest level of consideration. Please do not iiCSitate -.Cs COiltiid 1110 it \IOLI y • � G ai 'r cct :stit)ils iibvl.tt till; City's spong suppon for the IiAC S11 in their pursuit of Am Ag, A am 11 L:is Choice !Kci.;hbUrhou is Plaiminy Clrnni Pro�raln. � CU E L Q] r �iiti 1.e1` 2� T 01 J 1 t N M MoyorT 0 a m rn U ez. !t 1 c m E U t6 i Q a-% C E L V fC r-+ Q Packet Pg. 746 i PRESCHOOL SERVICES DEPARTMENT { COUNTY M SAN VICES DIND $�,f HUMAN SERVICES 662 South Tippecanoe Avenue •San Bernardino,CA 92415-0630 f DIANA ALEXANDER (909)383-2078•TDD(909)383-2070•Administration Fax(9091 383-2080 �Z Director I N O N March 7. 2013 a 0 I N 00 00 George Searcy Executive Director f Hope Through Housing Foundation a 9065 Haven Avenue Suite 100 Rancho Cucamonga, CA 91730 c ry Dear Mr. Searcy- 0 c M The County of San Bernardino Preschool Services Department (PSD) is honored to support E National Community Renaissance (National CORE) and Hope Through Housing Foundation (Hope) in their plan to revitalize the Waterman Gardens community at the corner of Baseline and Waterman Avenues in the City of San Bernardino. o M CD N Our understanding is that the overall development will include approximately 38 single family co attached housing units available for purchase by first-time homebuyers, approximately 75 affordable senior units, with the balance of roughly 298 units being multifamily rental housing. Ci affordable to low through moderate income. T .ia We are very pleased to know that the development will have a large community center that will $ provide much needed services to residents of the community and the surrounding QY neighborhood. Having a community center to be a "hub"for community based services provides a tremendous opportunity to advance the well-being of children, families and seniors I in this area. This project will align with the County's vision of a sustainable system of high- a quality education. community health, public safety, housing, retail and recreation. U. Hope has been a great partner in the community providing residents living in low income and affordable housing communities with much needed services. These programs include case management, health and wellness, fitness programs and activities, food assistance and nutrition education, and service referrals. As a partner in this endeavor, PSD is willing to offer a the following components to help support the success of families and every child from cradle to career. PSD will support activities pertaining to early education, parent involvement, family I_ literacy, financial literacy, job coaching, computer workshops, parenting classes. English as 0 Second Language (ESL) classes, , free tax services (VITA), Individual Development Account a (IDA) program, school readiness information, prenatal program, parent networking and socialization opportunities if this local organization is selected. 6 B Fi Page 2 of 2 N March 7, 2013 ° N George Searcy. Executive Director a Hope Through Housing Foundation N co co T F M T T With the partnerships that Hope establishes with community based providers, it is a uniquely positioned to provide social services to residents in affordable housing communities where they live and residents in the surrounding neighborhood. This holistic approach to community revitalization helps residents develop supportive networks and resources for Hope's initiatives for child development, youth development, c economic mobility and senior wellness. The Preschool Services Department commends National CORE and Hope on their commitment to community and their leadership in working with community based ca providers to improve the quality of life for all residents in the City of San Bernardino and endorses National CORE and Hope's plan for a new affordable housing community in this high need area of our community with great anticipation. We look forward to working with Hope to make this a positive relationship for the residents and the community. ° N T T Sincerely. T if 0 0. m t IX ca Diana Alexander v Director a County of San Bernardino u. Preschool Services Department rc;='`psd E a Y - Y Q c m ;_ s Y Y Q Packet Pg,'748 6.B. DEPARTMENT OF PUBLIC HEALTH `0a'"t_,_ COUNTY OF SANBERNARDtNO si 6 Nmkmo OFFICE OF PUBLIC HEALTH ADMINISTRATION -�� TRUDY RAYMUNDO 351 North Mountain view Avenue,Third Floor+San Bernardino,CA 92415.0010 Public Health Director (909)387-9146+Fax(909)387-6228 9 IMAXWELL OHIKHUARE,M.D. 04 Health Officer Q O March 21.2013 co 00 r s Mr.George Searcy F.xecutive Director Cl) Hope Through Housing Foundation 9065 Haven Avenue Q Suite 100 Rancho Cucamonga.CA 91730 U a� -a Dear Mr.Searcy. R -file Department of Public Health is honored to support National Community Renaissance(National CORM.)and Hope m Through Housing Foundation(Hope)in their plan to revitalize the Waterman Gardens community at the comer of E L Baseline and Waterman Avenues in the City of San Bernardino. 0 We are eery pleased to know that(lie development will have a large community center that w0I provide much needed services to residents of the community and the surrounding neighborhood. Having a community center to be a"hub''for Cl) community based services provides a tremendous opportunity to advance the well-being of children'families and seniors ` �� high-quality education ' l i•• This will align with the County's vision of a sustainable s .ten o. , .T.n r veer�t ut this area _pro y ) community health,public safety.housing,retail and recreation. r N Hope has been a great partner in the community providing residents living in low income and affordable housin.t, r communities with much needed services. These programs include case management;health and wellness.fitness programs and activities.food assistance and nutrition education,and service referrals. A:a partner in this endeavor,the i Department of Public Health is willing to offer a variety of resources from health education sera ices and programs to 0 Q. clinic services information. The Department of Public Health commends rational CORE- and Hope on their commitment to community and their leadership in working with community based providers to improve the quality of life for all residents in the City of San Bernardino and endorses National CORE.and I lope's plan for a new affordable housing community in this high need V area of our community with great anticipation, We look forward to working with Hope to make this a positive � relationship for the residents and the community. }'- c d Sincerely. E s U Dr. Maxwefl°Ohikhuare.Health Officer Q County of San Bernardino Department of Public health at (909)387-6218 E U R Q cc: Public Health EXce Live Management Staff r.° -.^ E Packet Pg. 749 !, ,6B., �`f L COUNTY OF SAN BERNARDINO TRANSITIONAL ASSISTANCE DEPARTMENT SAt BFANUUtNU ( HUMAN SERVICES GROUP Milli �) 860 E.Brier Dr.,San Bernardino,CA 92415-0520 ��✓)1 NANCY E SWANSON , ' Director N O C14 March 7, 2v i3 N 00 r 5 N F— Mr. George Searcy M r Executive Director Hope Through Housing Foundation 9065 Haven Avenue, Suite 100 Rancho Cucamonga, CA 91730 n c a� Dear Mr. Searcy, The San Bernardino County Human Services Transitional Assistance Department supports the National Community Renaissance (National CORE) and Hope Through Housing Foundation (Hope) E M their plan to revitalize the Waterman Gardens community at the corner of Baseline and Waterman Avenues in the City of San Bernardino. M Our understanding is that the overall development will include approximately 38 single family °; attached housing units available for purchase by first-time homebuyers, approximately 75 affordable M senior units, with the balance of roughly 298 units being multifamily rental housing, affordable to low N 1hrouah moderate income. We are very pleased to know that the development will have a large community center that will provide much needed services to residents of the community and the surrounding neighborhood. 0. Having a community center to be a ''hub" for community based services provides a tremendous W opportunity to advance the well-being of children, families and seniors in this area. This project will align with the County's vision of a sustainable system of high-quality education, community health, Cn public safety, housing, retail and recreation. This also aligns with our Departments mission to assist a. those in achieving self sufficiency. c Hope has been a great partner in the community providing residents living in low income and E affordable housing communities with much needed services. These programs include case management: health and wellness, fitness programs and activities, food assistance and nutrition a education, and service referrals. As a partner in this endeavor, the Human Services Transitional Assistance Department is willing to offer collaboration and partnerships in providing information and access to the public assistance programs we administer. These include: CalWORKs, CalFresh, E Medi-Cal if this local organization is selected. a Q 1 (:f` ;j{.i•.•L i ;.:. c.ii.}:.. .. ': .,{ ;'i!SI' .i i.'�.I d .ix` .. ' :f ii�° .. Packet Pg. 750': tt COUNTY OF SAN BERNARDINO TRANSITIONAL ASSISTANCE DEPARTMENT sn eru+nnnc++a HUMAN SERVICES GROUP Wd 860 E.Brier Dr.,San Bernardino,CA 92415-0520 �I NANCY E SWANSON Director N O QWith the partnerships that Hope establishes with community based providers, it is uniquely positioned to provide social services to residents in affordable housing communities where they live and o residents in the surrounding neighborhood. This holistic approach to community revitalization helps co residents develop supportive networks and resources for Hope's initiatives for child development; co youth development, economic mobility and senior wellness. M Human Services Transitional Assistance Department commends National CORE and Hope on their r commitment to community and their leadership in working with community based providers to a improve the quality of life for all residents in the City of San Bernardino and endorses National GORE and Hope's plan for a new affordable housing community in this high need area of our community N with great anticipation. We look forward to working with Hope to make this a positive relationship for the residents and the community. c Sincerely, E E L Q Y .__ ,..{ it �•('I J / n rn Nancy Swanscin - Director Cl) T- O N r r N r. t: O Q Q) Q. w O .a+ U a. U- c d E lu p. s U f6 w .o-. Q C d t V f6 a+ a f .. .. ti.f+ ..:.... C L.. .:t'1 ...4'• i':.{,t �.`.1'.r.r i{.t7:v ... .... . _ "00 --gy�pp '.It SAN BERN RDINO CITY Dale llAarsden, Ed.D. UNIFIED SCHOOL DISTRICT Superintendent 0 C March 7, 2013 Q 0 rn N co 00 Mr. Steve PonTell t�- President and CEO F National Community Renaissance r 9065 Haven Avenue a- Suite 100 U Rancho Cucamonga,CA 91730 c Dear Mr. Pon fell. The San Bernardino City Unified School District is honored to support National E Community Renaissance(National CORE)in their plans to revitalize the Waterman GO Gardens community at the corner of Baseline and Waterman Avenues in the City of San a Bernardino. We believe that there exists an opportunity,through the leadership of an organization like National CORE and the Housing Authority,to plan a very bright future M for this neighborhood and we are actively engaged now in that conversation. A vision for N this neighborhood that is:inclusive, not_just of the Waterman Gardens housing,but one r> that reaches out into the broader community and extends to the local schools, businesses N and homes. which both the Housing Authority and National CORE has clearly done is r z critical. f Our understanding is that the overall development will include approximately 38 single family attached housing units available for purchase by first-time homebuyers, approximately 75 affordable senior units.with the balance of roughly 298 units being a multifamily rental housing, affordable to low through moderate income. Our discussions with National CORE will continue to evolve around a range of strategies that could a- include many options of partnership with the SBCUSD that include partnerships and strategies extending beyond the boundaries of the Waterman Gardens development itself into the surrounding community which would include our school locations. What an E exciting prospect! We are very pleased to know that the development which the Housing Authority has Q planned will provide a community facilities component to provide a broad array of a resources that will enable our families to seize opportunities that may have been more E difficult to achieve without this resource. Having community-based resources provides a U tremendous advantage to address the well-being of children,families and seniors in this Q area. This revitalized neighborhood will certainly align with a vision that we share of a OFFICE OF THE SUPERINTENDENT 777 North F Street•San Bernardino,CA 92410-(909)361-1240•Fax(909)885-6392 dale.marsden @sbcusd.com Packet Pg.752 sustainable system of high-quality education;community health. public safety, ou i « , retail and recreation in the City of San Bernardino. We look forward to continuing our engagement with this project through the leadership that the San Bernardino Housing Authority and National CORE have already developed. We are pleased to have them both as a vital part of our community. The San Bernardino a 0 City Unified School District comfnends National CORE on their commitment to N community and their leadership in.working with the community to improve the quality of co life for all residents in the City of'San Berardino. c�rel M Dale .Marsden. l;d.D. v Superintendent n� a c E L i+ Q ® M a) M T 0 N r N r O Q. d cc rn U a. U- C m .c v ca a CD E U RS a Packet Pg. 753 m n m 0 m m o o m r o m � rmm oul m o rl mNr m /A�(` R�( m N O h OI O N N V r Ol �.`..��.,U(��� •���.V•�•� �� � T m O m � Ill� �M'-'m ■1 ` p M r m O N O O O mlOtly 0Ol m W MOOT U)m m vm -or of t�aiN r;on m (V N mulmo m mm�v°M V V O M a N n 0 N m O Q'V N GN IDOm C'l u7 N — mmaofm'l of oloon N�rn N c�i r IS o ri of n ai o ui�i ui o m 00 N m m m V' O m th N m V V O 00 rnncm.- m ov�mom ^ N S m N M r r . r �ivss I� Coln , om � d p� W.0 o uim oiom r ui6 mo�r m rnmrl ulv m r� Nv�n V o N N N»N» N M N N m N N N N O 0 0 �r n 0 Ill O n Q OmD i[ml Obi N m m m N N m Ql /14i O N l7 Q m V co O o m (Q z J r a E Q eh�f N�IA W to Ul Ul N W Uf N M L z R' m m O m 1 n w i`m o0 m rn O i/ �m 2 O OI O m N O m Do OI t0 O O O O 0 0 M C ui Cl) - z m w O 0 N Q � M a r w v �lnormio� v °oa°o Noe,N N Q z — N o r In.n m In m In m.n mmmu,ul oomoo �m°v o°n f°il°r°v mvl rl o n_ v Q r_m a OyQ � mmmcoccoo � N N N U1 N N N N��N O �✓l � M m m P N m m U LL. m ++ i U t4 w mE & a o S y v v r �a C� Q L Q V LL O"LL O G g O U W Z a F U m o o " U a $w m' K `o3"U-yclrn U w IUD" one m a p N Packk Pg ,754,", �r CITY OF SAN BERNARDINO NOTICE OF PUBLIC HEARING BEFORE THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ISUBJECT: CONDITIONAL USE PERMIT 11-13, TENTATIVE TRACT MAP 18829 Ward No. 1 (SUBDIVISION 11-03) AND DEVELOPMENT AGREEMENT 12-02 PROPOSAL: A request for a Conditional Use Permit to construct an affordable/workforce housing project and to subdivide approximately 38 acres into 8 parcels and a 1-lot condominium subdivision to create a mixed-use/income o community and construct a three-story, 74-unit senior housing project (including one manager's unit) with court yards, Q 337 multi-family and condominium units and a 45,000-square foot recreational facility, a 58,200-square foot community p center, a 18,400-square foot central shop building, and a 7,400-square foot administration/multi-purpose building. The N applicant is also requesting approval of a Development Agreement. The proposed project would be constructed in 2 phases and is located at the northeast corner of Waterman Avenue and Olive Street, in the Residential Medium (RM) g zone. M r OWNER/APPLICANT: Housing Authority of the County of San Bernardino (HACSB) a. Environmental Recommendation: Proposed Mitigated Negative Declaration PUBLIC NEARING LOCATION: HEARING DATE AND TIME: y San Bernardino City Hall Council Chambers Tuesday, February 18, 2014 at 4:00 p.m. 300 North "D" Street or thereafter San Bernardino, California 92418 R You are receiving this notice because the project site described `love is within 500 feet of your property. If you would like further a �° *' formation about this proposal prior to the public hearing, please "� 4 ` " contact the Planning Division at(909)384-5057. w~ You are welcome to attend the public hearing and address the Mayor .�-- ••- -- - �:� � � - = c*4 and Common Council with your comments on this proposal, or you may submit written comments in favor of or in opposition to the "-="" _ rn _ - t2 proposal to the Planning Division, City Hall, 300 North "D" Street, Z San Bernardino, CA 92418. s s Decisions of the Planning Commission are final concerning . 51 ` - ca Conditional Use Permits, Development Permits, Tentative Tract ' _ z Maps and Variances, unless appealed to the Mayor and Common it, 1` Project Site ; Council. Appeals to the Mayor and Council must be made in r 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. �°f LT r 3 e Final review and action concerning General Plan Amendments 77-- Q Development Code Amendments, Specific Plans and Development ' • 1} c Agreements will be made by the Mayor and Common Council. ft alts± E 7 If you challenge the resultant action of the Mayor and Common Council in court, you may be limited to raising only those issues you 'roor someone else raised at the public hearing described in this notice fir#asr Q or in written correspondence delivered to the City Planning Division at,or prior to,the public hearing. ° Individual testimony on agenda items will be strictly limited to three" . ----�» linutes per person. .ie City of San Bernardino recognizes its obligation to provide equal access to public services to those individuals with disabilities. Please contact Facilities Services(384-5244)two working days prior to the meeting with any requests for reasonable accommodation, to include interpreters. Packet Pg. 755 Subsidized Housin g Definitions with San Bernardino County Area Median Income ® Housing Type 0.1 Area Median Income Government Owned Housing (Public Housing)"t $ San Bernardino County Area Median Income(AM 1) for a family of four:$63,700 National program-Established by the Housing Act of 1937. Sample occupations from 2013 Q1 data from HUD provides funding to local Housing Authorities to manage California Employment Dept. and maintain the buildings. Section 8 Housing Vouchers*t $ $0 t0 y Extreme) Low Income: Hairdressers A program that gives low-income families and seniors vouchers Fast-food Home Care to help pay their rent on the private market.Tenant-based $19,110 Cooks Aides vouchers are provided to tenants and can be used anywhere. Project-based vouchers apply to the project buildings and can only be used there. Very Low Income: Paramedics Special Needs Housing"t $ $19,111 to Preschool Mau Housing developments targeted to a specific special needs $31,850 Teachers Clerks population,including:elderly;developmentally and physically disabled;homeless;displaced teenage parents(or expectant teenage parents);and victims of domestic violence,substance abuse,chronic mental illness or HIV. ne: Truck Drivers $31,851 to Licensed Construction Privately Owned Housing Financed $50,960 Vocational Laborers through Tax Credits(LIHTC)`t $ ` ft Nurses - Tax credits allocated by the state enable developers to raise private capital through the sale of tax benefits to private investors. Investors deduct from their annual tax liability Teachers the annual allocated tax credits for 10 years. $50,961 t0 Fire Fashion $76,440 Fighters Designers Section 202 & HUD 811 •t $ ; HUD Supportive Housing Programs for the elderly(202) and disabled(811). HUD provides capital and annual operating funds to private developers which are combined Police with other local public funds,private equity through tax $76,441 t0 credits and private mortgage debt. � Registered Airline $159,250 Nurses Pilots Mixed Income Housing (Affordable&Market-Rate)"t $ ;, Projects where subsidized and market-rate units are in the same buildings and identical in all aspects. High Income: Lawyers $159,251 & Medical High-Level Market-Rate >' above Doctors Management Housing developments that are 100%market rate. *Required Annual Unit Inspections,Crime-Free Lease Addendum,Annual Income Certification t Regulatory/Compliance:Subsidized affordable housing often has several layers of financing including debt/equity,and each funding source requires annual compliance with various conditions included in the recorded regulatory agreement.Typical compliance issues include: Annual audits,annual income certification,current property and liability insurance,maintenance of affordability levels,minimum operational debt coverage,maintenance of physical property,effective property management and provision of social services. ` 2/15/2014 "not HOUSING AUTHORITY OF THE COUNTY OF SAN BERNARDINO In Partnership with The xsxaore Clancy Companyi,i.(_ WATERMAN GARDENS NEIGHBORHOOD REVITALIZATION A Regional Economic Strategy to Move People to Prosperity Pathway to Community Stabilization City Council Meeting February 18,2014 Building Communities,Changing Lives In the Heart of the City AM s� �" 1 2/15/2014 Revitalizing the Neighborhood, Step-by-Step , I 0 � I r 9 ReSKL,tal Deve4—, PmkU Open Space 'er expel uses ® Offce uses NeighWhood Conn b m Comprehensive Neighborhood Revitalization g Locally driven strategy to address surrounding neighborhood through a comprehensive approach to neighborhood transformation Strategy will be designed to catalyze critical improvements in neighborhood assets, including vacant property, housing, services,schools, positive outcomes for families and Economic development. t: Public/Private partnerships are critical for successful implementation and leveraging of resources needed to support financial sustainability. 2/15/2014 Choice Neighborhoods Initiative Choice Neighborhoods Grant is focused on three core goals: - Housing: Replace distressed public and assisted housing with high-quality mixed-income housing that is well-managed and responsive to the needs of the surrounding neighborhood; - People: Improve educational outcomes and intergenerational mobility for residents with services and support delivered directly to youth and their families; and - Neighborhood: Create the conditions necessary for public and private reinvestment in distressed neighborhoods to offer amenities and assets, including safety,good schools,and commercial activity,that are important to how families'choose their community. � Development Impact on Neighborhood Demolition of blighted/obsolete structures Replacement with high-quality new construction of a mixed-use, mixed-income, rental and home ownership community with recreational space and commercial opportunities. Develops housing as a platform that provides an opportunity for residents to increase economic prosperity Catalyst for increased property values of the surrounding community Significant upgrades to public infrastructure surrounding re. the site 3 2/15/2014 Existing Waterman Gardens } ��.,'# ... a* _.w �• Ise. '._ # .w w �0 Proposed Q� Park Grp �� - Retail Retad�Busuless �- Scrap m �.1 •� _�� t• _. Orrllerd �r 4 2/15/2014 C I E i I l Proposed Number of Units Existing: 252 public housing units Proposed: 252 mixed-finance affordable replacement units 74 senior affordable units 48 market-rate rental units 38 for-sale condominium units Affordability Levels Definition Percent of Area Median Income(AMI) j � � Occupations Extremely Up to Up to Fast-food cooks,home care aides, Low Income 30% $19,110 hairdressers, meat trimmers Very Low 30%- $19,111 to Preschool teachers,carpenters, Income 50% $31,850 EMTs&paramedics, mall clerks 50%- $31,851 to 60% $38,221 Licensed vocational nurses,truck Low Income 60%- $38,222 to drivers,machine operators& 80% $50,960 repairers,construction laborers Moderate 80%- $50,961 to Firefighters,teachers, masons, Income 120% $76,440 fashion designers Middle 120%- $76,441 to Police,registered nurses,airline :. Income 250% $152,250 pilots �a ` 5 2/15/2014 Density Zoning: RM Acreage: 38 D.B.=Density Bonus Regulation Current City Zoning Ordinance 12.0 456 City General Plan 14.0 532 City Affordable D.B. 25% 15.0 570 City Senior D.B. 50% 18.0 684 State Affordable D.B. 35% 16.2 615 Request Density per Parcel Family: 11-15, 411 Senior: 18 Community/Recreational Facilities Capital & Partnership Funding: New Market Tax Credits lBonds, conventional debt, partnership development capital Federal, state and private facilities grant capital (Choice Neighborhoods, etc.) ? Operational Funding: Program and service revenues Lease income Community partnership collaborations Grants 6 2/15/2014 National CORE Theory of Change WHAT WE DO Z,1 Construct and Maintain and Provide high quality rehabilitate manage properties social services for innovative,safe, once development individuals, and green housing is complete solutions families,children, M and seniors WHAT WE CHANGE WHAT WE TRANSFORM EMPOWER STABILIZE . Ilk A sist households to be more self-sufficient by influencing: Ability 0 Confidence Uves and Reliance communities Commitment to Individual and Family Success In-Crisis Thriving Self-Sufficiency Area Employment 0———— Children's Education&Literacy - Adult Education&Literacy Health&Wellness Housing Income Management i Baseline and follow up assessments annually on all households to ascertain change in self-sufficiency. 7 2/15/2014 Transforming the Waterman Gardens Neighborhood Current Thriving Neighborhood Level Change Increased Neighborhood Safety -- - - Improved Economic Activity Reduced Blight&Deterioration 0———— Crime rates Police reports/responses Community-level employment rates New development activity Non-resident community members being served - Service satisfaction surveys - City graffiti data and analysis - Business license increase Impact on City Public Safety Resources Improved safety for residents and surrounding neighborhood: Continued professional on-site management and maintenance staff including proposed partnerships Proposed on-site inclusion of public safety sub- stations and health care facilities Improved fire evacuation and fire truck access Upgraded building and fire code compliance will greatly improve fire safety with advanced materials, systems, and infrastructure Non-subsidized properties will be subject to property taxes, thus adding to increased financial resources for public safety services 8 2/15/2014 Crime Prevention The new Waterman Gardens will: Be designed following the Crime Prevention Through Environmental Design (CPTED) approach Have Crime-Free Lease Addendum — zero tolerance for residents convicted of felonies, through initial screening and current residents ER .. Development Economic Impact: Jobs & Earnings Construction: 1,032 estimated jobs supported $46.8 in local labor income $120.5 million total economic impact Operations (once fully built, per year): 31 total jobs, of which 25 are direct $930,000 in labor income $2.2 million total economic impact Total = direct + indirect + induced Research by Dr.Bill Watkins,Center for Economic Research&Forecasting, California Lutheran University 9 2/15/2014 Development Economic Impact: Tax Revenue Construction: $14.7 million in total tax revenue impact, of which $5.9 million will go to state and local governments Personal and corporate income,sales, business, social insurance, property,and fees. Operations (once fully built, per year): $281,000 per year,of which $105,000 will go to state and local governments Property tax: Assessed on market-rate family rental units and for-sale SFRs $80,000 per year, subject to fluctuations fi= Research by Dr.Bill Watkins,Center for Economic Research&Forecasting, California Lutheran University Development Phasing - The order in which the phases will be built will be determined based on Funding availability Necessary infrastructure improvements I I i f 1 10 2/15/2014 Thank You 11 O � •— ca •N M � O � � N 00 0- 00 LM N tw _ M +� .0 }+ ca Lm O � O � •� V > a-+ w � O r-I 00 wo c - E rn 0 'c E +, v O +-j — c ca O ca � •— O •N O L v cn v v U O -CO: > O Qi U tZ0 cn +-j O C: =3 i _0 C:O O 0 — O cz L N N ca v +-j O + v Ln can -Q O L V) O •L V E � � N C ca O v O o .� 4-j ±, +-+ C: C: a r-I D >' U cc O (� O rl O L L E N _0 }' E 4O �i Q C6 +-' N 0 V N C N Q v .0 0 0 O N N `� � }' i Uv 4-jv L - v N Q ° Ova z o O 0 v E -o m O C a >O � C: >� O L c6 +-� -0 0- N cc m `� N 0 +, U D - 00 a--+ ate+ +�-, v N d 1 L v 0 U �+— N CZ L •?� U N N O v 07 0 v a aJ Q --' Q dJ O +-+ N C: N L U cB C1A +� cn o E L v L c '0 v ._ > L +-j v L v .� O U 0 L Q C v ap — 0 �E. 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