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Home My WebLink About06.D- Community Development RESOLUTION(ID#3268) DOC ID: 3268 D CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Public Hearing From: Mark Persico M/CC Meeting Date: 06/16/2014 Prepared by: Brenda Leggitt, (909) 384-5057 M Dept: Community Development Ward(s): 1 Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Approving Tentative Parcel Map 19533 (Subdivision 14-08) and Conditional Use Permit 14-10 to Subdivide 4.66 Acres and Construct an Affordable 76-Unit Multi-Family Housing Project with Density Bonus Up to 35% and Regulatory Concessions for Reductions in Multi-Family Development Standards at the Northeast Corner of 9Th Street and Valencia Ave. in the Residential Urban (RU) Zone. (#3268) Current Business Registration Certificate: Not Applicable Financial Impact: Increase property value Mayor to open the hearing. . . Motion: Close the hearing; and adopt the Resolution approving Tentative Parcel Map 19533 (Subdivision 14-08) and Conditional Use Permit 14-10, based on the Findings of Fact contained in the Staff Report and subject to the Amended Conditions of Approval. Synopsis of Previous Council Action: None. Background: PROJECT DESCRIPTION The applicant requests approval of the following: Tentative Tract Map 19533 Subdivision 14-08)under the authority of Development Code Chapter 19.66 to subdivide approximately 4.64 acres into two parcels of approximately 4.17 acres and .47 acre in area; and Conditional Use Permit 14-10 under the authority of Development Code Chapter 19.36, to construct an affordable 76-unit multi-family housing project in two buildings with on-site amenities including a 2,200-square foot clubhouse community building, a child play area, and a 1,000-square foot laundry/maintenance facility. A density bonus up to 35% and regulatory concessions for reduction in multi-family development standards relating to off-street parking, private open space, and common open space requirements are also being requested. The proposed multi-family housing project will consist of a mix of one to two bedrooms in two Updated: 6/11/2014 by Jolena E.Grider D Packet Pg. 1492 3268 buildings: one two-story with 16-unit building and one three-story with 60-unit building. Specifically, the project would include 10 one-bedroom units, 40 two-bedroom units, 40 two- bedroom units, 22 three-bedroom units and 4 four-bedroom units. On-site amenities would include a 2,200-square foot clubhouse community building, a child play area, and a 1,000-square foot laundry/maintenance building. The project includes enhanced landscaping treatment on 9th Street(Attachment B). The General Plan allows Residential Medium (RM) district a maximum density of 14 units per gross acre. With the density bonus of 35%, the proposed 76 units would result in an overall density of 18.9 dwelling units per gross acre. The structures will have variable setbacks on Valencia Avenue and 91h Street. Vehicular access to the site will be provided on Valencia Avenue and 9th Street. A 6-foot wrought iron fence with pilasters will be constructed along the project perimeter. On-site security and management plans include lighting, monitoring service,preventive inspections, and other features are outlined in the Management Plan in Attachment D. SETTING& SITE CHARACTERISTICS The project site is vacant and consists of one parcel of approximately 4.64 acres. The project site is surrounded by urbanized development on all sides to the north, south, east and west. Surrounding uses include a mix of urban uses including a mobile home park, a church and schools. _ Table 1, below, provides a summary of the project site with the land uses of the surrounding properties. TABLE 1 -SURROUNDING LAND USES LOCATION EXISTING LAND USE ZONING GENERAL PLAN LAND USE Subject Site Proposed Multi-family Residential Medium (RM) Residential North Church Residential Medium(RM) Residential East Mobile Home Park Residential Urban(RU) Residential West Schools Public Facilities (PF) Public/Quasi-Public South Heavy Commercial Uses Industrial Light(IL) Industrial BACKGROUND Updated: 6/11/2014 by Jolena E.Grider D Packet Pg. 1493 6.D 3268 0"N • March 19, 2014 - The applicant submitted Tentative Parcel Map 19533 and Conditional Use Permit 14-10. • April 3, 2014 - The Development/Environmental Review Committee (D/ERC) conducted a preliminary review of TPM 19533 and CUP 14-10. • April 30, 2014-Grand Council Enterprises Inc. acquired the subject site. • May 1, 2014- The Development/Environmental Review Committee (D/ERC)reviewed TPM 19533 and CUP 14-10 and moved the item to the Planning Commission for consideration. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) The proposed project is exempt from environmental review, pursuant to section 15332 of the State CEQA Guidelines, for in-fill development projects that can be adequately served by required utilities and public services. The site is disturbed and located in an urbanized area. No significant impacts on the environment or natural resources are anticipated. ANALYSIS Conditional Use Permit: The applicant requests a 35% density bonus as part of the development component pursuant to Government Code Section 65915. : Development Code Section 19.04.030 (D) (2) requires a Conditional Use Permit for a density bonus. Moreover, Development Code Section 19.04.030 (2) (D) (1) (a) states: "density bonus" shall mean a density increase of 25% over the otherwise maximum allowable residential density under the RM zone. However, based on the City's Attorney Office rendered legal opinion dated Wednesday, April 2, 2014, the applicant is entitled to the 35% density bonus pursuant to Government Code Section 65915. Please refer to Attachment E for details. The General Plan RM land use district permits a maximum density of 14 units per gross acre. As proposed with the 35% Density Bonus pursuant to Government Code Section 65915, the density becomes at 18.9 units per gross acre (14 d.u./acre x .35 =4.9 14+4.9 = 18.9 d.u./acre). Further, the parcels created by TPM 19533 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: Table 2 -DEVELOPMENT CODE CONSISTENCY TENTATIVE BONUS DENSITY at 14 LOT SIZE TRACT MAP d.u./acre Parcel 1 Size: 4.1 acres 14 d.u./per gross acre 18.9 14,400 sq. ft(minimum) Apartment d.u.per density bonus Parcel 2 Size: .47 acres 14 d.u./per gross acre 14,400 sq. ft. (miminum) Remainder As permitted by Government Code Section 65915, the applicant is requesting three concession Updated:6/11/2014 by Jolena E.Grider D Packet Pg. 1494 3268 items as follows: 1. Private Open Space requirements - 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. The applicant is requesting a concession from private open space requirements per Development Code Section 19.04.030 (2) (L) (2). 2. Off-street Parking Requirements - Development Code Section 19.24.040 requires 175 parking stalls. The applicant is requesting a concession from minimum off-street parking requirements to provide 113 parking stalls. 3. Common Useable Open Space requirements - Development Code Section 19.04.030 (2) (L) (1) requires all multi-family development with 12 or more dwelling units shall provide 30% useable open space for passive and active recreational uses. Based on the project scope, 30% of common useable open space would require 1.3 acres. The project proposes 1.1 acres of common useable open space. The applicant is requesting a concession from common useable open space per Development Code Section 19.04.030 (2) (L) (1). 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 30-year affordable housing 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). 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. 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 Additionally, the applicant has been conducting workshops and meetings on the proposed project to provide information to the community. Additionally, 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; court game facilities such as tennis, basketball, or racquetball; improved softball Packet Pg. 1495 Updated: 6/11/2014 by Jolena E.Grider D 6.D 3268 or baseball fields; or day care facilities. The proposed project will provide 2 amenities, which meets Development Code Section 191.04.030 (L) (3). Table 3,below,provides a summary of the amenity requirements for the proposed project: TABLE 3 -AMENITY REQUIREMENTS Development Code Proposed 2 amenities A combination of a swimming 2 amenities A 2,200-square foot clubhouse pool,tot lot,picnic shelter,barbecue area, and and a child play area. day care facilities. Economic Feasibility: As stated above,the applicant is requesting a density bonus and concessions, which are permitted under the California Government Code. The purpose of this request is to allow these units to be constructed within the project in a cost-effective manner. FINDINGS OF FACT-TENTATIVE PARCEL MAP 1. The proposed subdivision is consistent with the General Plan and the Development Code. The proposed subdivision is consistent with the applicable provisions of the General Plan and the Development Code. The parcels created will meet the lot size and development standards as described in Table 2, above. General Plan Policy 2.7.5 requires that development be contingent ` p 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. 2. The design of the proposed subdivision is consistent with the General Plan. The proposed subdivision will implement the goals and polices contained in the General Plan. 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, and duplex residences in a high quality suburban setting at a density of 14 dwellings per gross acre. Each proposed parcel will have direct access to a public street. The proposed subdivision will facilitate operation of the proposed and future residential uses, in compliance with the General Plan and Development Code, as shown in Tables 2 and 3, 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 Parcel 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. Therefore, the site is physically suitable for existing and future residential uses. Updated: 6/11/2014 by Jolena E.Grider D 3268 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. 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 proposed subdivision is exempt from environmental review pursuant to CEQA Section 15332 for In-fill Developments. The proposed subdivision will not cause substantial environmental damage, or injure fish or wildlife or their habitat, because the site is already substantially disturbed and surrounded by urban development. 6 The design of the subdivision is not likely to cause serious public health problems. The design of the subdivision meets all applicable Development Code requirements, which protect the public health and safety. Both proposed parcels will have direct access to existing public streets. Therefore, emergency and public services will continue to have adequate access to the site. The proposed subdivision is not expected to have any effect on public health. 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 Parcel Map. FINDINGS OF FACT - CONDITIONAL USE PERMIT 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 Code. The proposed project, an affordable multi-family housing project with density bonus, is a permitted use under the RM land use classification, subject to approval of a Conditional Use Permit application. 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. Updated:6/11/2014 by Jolena E.Grider D , 3268 2. The proposed use is consistent with the General Plan. 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'. General Plan Policy 3.3 states: "Assist in the development of adequate housing to meet the needs of low and moderate-income households". The proposed project will provide additional affordable housing opportunities in the central area of the City, consistent with the General Plan goals and policy cited above. 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. The proposed project is exempt from the California Environmental Quality Act (CEQA) requirements per Section 15332 of the State CEQA Guidelines, as an in-fill development project that can be adequately served by required utilities and public services. Staff reviewed the project in conformance to Development Code requirements to verify that no existing conditions of the site or potential impacts of the project would require further review pursuant to CEQA. 4. There will be no potentially significant negative impacts upon environmental quality and 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. The existing auto repair facility on the project site will be demolished. All grading and project construction activities planned for the site will be implemented and monitored in accordance with standard requirements of the City, to ensure that the project will not cause significant impacts on environmental quality or natural resources. 5. The location, size, design, and operating characteristics of the proposed use are compatible with the existing and future land uses within the general area in which the proposed use is to 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 and 3 of 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, 0 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. r Updated:6/11/2014 by Jolena E.Grider D �� 3268 6 The subject site is physically suitable for the type and density/intensity of use proposed. The project site is physically suitable for the proposed multi-family housing, developed at the density proposed by CUP 14-10, as evidenced by the project's compliance with all applicable Development Code Standards, as noted in Tables 2 and 3. There are no physical constraints that would limit development of a multi-family housing project on the site as proposed. 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 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. CONCLUSION The Planning Commission has determined that the proposal satisfies all Findings of Fact required for approval Tentative Parcel Map 19533 (Subdivision 14-08) and Conditional Use Permit 14-10. City Attorney Review: 0 Supporting Documents: reso 3268 (PDF) Exhibit A-Amended Conditions of Approval (PDF) Attachment 1 Map -location (DOC) Attachment 2 PC staff report (PDF) Attchment 3 PC Minutes 5.21.2014 (DOCX) Attachment 4 legal ads (DOC) {9 { S E E f I Updated: 6/11/2014 by Jolena E.Grider D Packet Pg. 1499 6.D.a 1 RESOLUTION NO. 2 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING TENTATIVE PARCEL MAP 19533 4 (SUBDIVISON 14-08) AND CONDITIONAL USE PERMIT 14-10 TO SUBDIVIDE 4.66 5 ACRES AND CONSTRUCT AN AFFORDABLE 76-UNIT MULTI-FAMILY HOUSING PROJECT WITH DENSITY BONUS UP TO 35% AND REGULATORY CONCESSIONS 6 FOR REDUCTIONS IN MULTI-FAMILY DEVELOPMENT STANDARDS AT THE 7 NORTHEAST CORNER OF 9T11 STREET AND VALENCIA AVE. IN THE 8 RESIDENTIAL URBAN (RU) ZONE. 0. 9 U BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF xs 10 M THE CITY OF SAN BERNARDINO AS FOLLOWS: M LO I1 � T SECTION 1. Recitals. 13 WHEREAS, the Mayor and Common Council of the City of San Bernardino adopted the 0 City General Plan by Resolution No. 2005-362 on November 1, 2005; and °- 14 d I5 WHEREAS, Tentative Parcel Map 19533 (Subdivision 14-08) and Conditional Use a� 16 Permit 14-10 is a request to subdivide 4.66 acres and construct an affordable 76-unit multi- ~ .. 00 17 family housing project with density bonus up to 35% and regulatory concessions for reductions M 18 in multi-family development standards relating to off-street parking, private open space, and N 19 common open space requirements, at the North East corner of 9th Street and Valencia Avenue in N 20 the Residential Urban(RU) Zone; and WHEREAS, on May 1, 2014, the Development/Environmental Review Committee E 21 22 recommended that Tentative Parcel Map 19533 (Subdivision 14-08) and Conditional Use Permit Q 23 14-10 be found exempt from the California Environmental Quality Act (CEQA) pursuant to 24 Section 15332 of the CEQA Guidelines in that the submitted project plans and supporting data 25 indicate that there will be no significant adverse effects on the environment; and 26 WHEREAS, the Planning Commission conducted a noticed public hearing on May 21, 27 2014, in order to receive public testimony and written and oral comments on Tentative Parcel 28 Map 19533 (Subdivision 14-08) and Conditional Use Permit 14-10, and fully reviewed and 1 Packet g. 1500 1 considered the Planning Division Staff Report and the recommendation of the 2 Development/Environmental Review Committee; and 3 WHEREAS, the Mayor and Common Council held a noticed public hearing on June 16, 4 2014, and fully reviewed and considered proposed Tentative Parcel Map 19533 (Subdivision 14- 5 08) and Conditional Use Permit 14-10, and the Planning Commission and 6 Development/Environmental Review Committee recommendations and the Planning Division 7 Staff Report. 0 8 WHEREAS, the CEQA exemption has been reviewed by the 4 CL 9 Development/Environmental Review Committee, the Planning Commission, and the Mayor and D U io Common Council in compliance with the CEQA and local regulations; and M 11 NOW, THEREFORE, BE IT RESOLVED, FOUND AND DETERMINED by the Q. 12 Mayor and Common Council that. a� 13 SECTION 1. Recitals. a 14 The above Recitals are true and correct and are incorporated herein. 15 SECTION 2. EXEMPTION. 16 NOW, THEREFORE, BE IT RESOLVED, FOUND AND DETERMINED by the Mayor co 0 17 and Common Council that the proposed Tentative Parcel Map 19533 (Subdivision 14-08) and M co 18 Conditional Use Permit 14-10 will have no significant effect on the environment, and the M 0 19 exemption heretofore prepared by the Development/Environmental Review Committee as to the L 20 effect of this proposed Tentative Parcel Map and Conditional Use Permit is hereby ratified, 21 affirmed and adopted. Y 22 SECTION 3. TENTATIVE PARCEL MAP NO. 19533 (SUBDIVISION 14-08) a 23 Tentative Parcel Map 19533 (Subdivision 14-08) is hereby approved based upon the 24 Findings of Fact contained in the Staff Report to the Mayor and Common Council dated June 16, 25 2014, and subject to the Amended Conditions of Approval as modified and recommended by the 26 Planning Commission on May 21, 2014, attached as Exhibit A and incorporated herein. 27 28 2 Packet Pg. 1501 6.D.a I SECTION 4. CONDITIONAL USE PERMIT 14-10 2 Conditional Use Permit 14-10 is hereby approved based upon the Findings of Fact 3 contained in the Staff Report to the Mayor and Common Council dated June 16, 2014, and 4 subject to the Amended Conditions of Approval as modified and recommended by the Planning 5 Commission on May 21, 2014, attached as Exhibit A and incorporated herein. 6 SECTION 5. NOTICE OF DETERMINATION 7 The Planning Division is hereby directed to file a Notice of Determination/Exemption 0 s with the County of San Bernardino, certifying the City's compliance with the California 4 r 9 Environmental Quality Act. 10 M M Ln 11 a) 12 N 13 U L 0. 14 r 15 = d H 16 00 N 17 co 18 tO N M O 19 L 20 E 21 U lC .N 22 Q 23 24 25 26 27 28 3 Packet Pg. 1'502 $A q 6.D.a Alm* RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 1 SAN BERNARDINO APPROVING TENTATIVE PARCEL MAP 19533 (SUBDIVISON 14-08) 2 AND CONDITIONAL USE PERMIT 14-10 TO SUBDIVIDE 4.66 ACRES AND CONSTRUCT AN AFFORDABLE 76-UNIT MULTI-FAMILY HOUSING PROJECT WITH DENSITY BONUS UP 3 TO 35% AND REGULATORY CONCESSIONS FOR REDUCTIONS IN MULTI-FAMILY 4 DEVELOPMENT STANDARDS AT THE NORTHEAST CORNER OF 9TH STREET AND VALENCIA AVE.IN THE RESIDENTIAL URBAN(RU)ZONE. 5 6 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting o s thereof, held on the day of , 2014, by the following vote to wit: a. 9 V 10 06 Council Members: AYES NAYS ABSTAIN ABSENT M l t MARQUEZ C 12 BARRIOS 13 VALDIVIA R a. 14 SHORETT 15 NICKEL = d 16 JOHNSON 00 17 MULVIHILL N M 00 18 N M O 19 y d Georgeann Hanna, City Clerk `. 20 E 21 The foregoing Resolution is hereby approved this day of L) 2 22 2014. a 23 24 R. CAREY DAVIS, Mayor 25 Approved as to form: City of San Bernardino GARY D. SAENZ 26 City Attorney 27 28 By: 4 Packet Pg. 1503 6A.b EXHIBIT A AMENDED CONDITIONS OF APPROVAL Tentative Parcel Map 19533 (Subdivision 14-0$) and Conditional Use Permit 14-10. o 4 1. This approval is for a Tentative Parcel Map to subdivide 4.64 acres into two parcels and a a Conditional Use-Permit to construct an affordable 76-unit multi-family housing project in two buildings with on-site amenities including a 2,200-suare foot clubhouse community 06 building and a 1,000-square foot laundry/maintenance facility. A density bonus up to 35% co and regulatory concessions for reduction in multi-family development standards relating to a) off-street parking, private open space, and common open space requirements are also being requested. The project site is located at the northeast corner of 9h Street and Valencia Avenue, in the Residential Medium (RM) zone. All development shall be in substantial conformance to submitted plans date stamped March 19, 2014. n a� 2. Tentative Tract Map: Within two years of the original approval date, the filing of the final w 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 co without first processing a new tentative map. The City Engineer must accept the final map N or tentative map documents as adequate for approval by Council prior to forwarding them to the City Clerk. The date the final map shall be deemed filed with the Council is the date on which the City Clerk receives the map. Q .. a EXPIRATION DATE: 2 Years after approval by the Mayor and Common Council o 0 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 o or the permit/approval shall become null and void. If after 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 Q construction activities included in the Conditions of Approval. a Z EXPIRATION DATE: 2 Years after approval by the Mayor and Common Council x w Y 3 4. In the event this approval is legally challenged, the City will promptly notify the applicant of any claim or action or proceeding and will cooperate fully in the defense of this matter. L Once notified,the applicant agrees to defend, indemnify, and hold harmless the City of San r Bernardino ("City"), any departments, agencies, divisions, boards 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 i 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 relive applicant of his or her obligation under this condition. Packet Pg. 1504 E 7TM 19533(Sub14-0$)and CUP 14-10 Hearing Date:May 21,2014 Conditions of Approval Page 2 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 Conditional o Use Permit is rescinded or revoked,whether or not at the request of applicant. a. 5. Prior to installing any signs, the applicant must submit a Sign Permit application to the U Planning Division for review and approval. M LO 6. Perimeter fencing shall be constructed with wrought iron fence with pilasters. M CL 7. All construction sites shall be secured with temporary chain-link fencing, 6 feet in height. v L 8. All windows,doors,and vents shall be architecturally treated. a. a� 9. 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. CO N 10. The project applicant/owner shall install a 15-foot landscape setback along Parcel 2 n Q frontage. The landscaping theme for Parcel 2 shall be same landscaping theme in Parcel 1. 0 L 11. (*)The project applicant/owner agrees to construct at least 1 of the following: Q 4- 0 N a. Twenty percent of the total units of a housing development for persons and o families or lower income, as defined in Section 50079.5 of the Health and Safety 0 Code. a� b. Eleven percent of the total units of a housing development for very low income households,as defined in Section 50105 of the Health and Safety Code. Q C. -+ defined a c t 51 f the Civil Code. Applicant may elect to .2 �.�-.. , w. ..___---- --- ------- -- - -- --- - - M proceed under either I La. or I 1.b., as per Government Code section 65915 w a� E For purposes of calculating the amount of the density bonus pursuant to subdivision (f) the applicant who requests a density bonus pursuant to this Q subdivision shall elect whether the bonus shall be awarded on the basis of subparagraph(A) (B) (C),or(D)of paragraph(1). 12. Prior to the issuance of a building permit for any dwelling unit in a development for which density bonus units" have been awarded or incentives have been received, the developer shall submit documentation which identifies the restricted units and shall enter into a Packet Pg. 1505 7TM 19533(Sub14-08)and CUP 14-10 Hearing Date:May 21, 2014 Conditions of Approval Page 3 written agreement with the City to guarantee for 30 years their continued use and availability to low and very low-income households. The agreement shall extend more than 30 years if required by the Construction or Mortgage Financing Assistance Program, Mortgage Insurance Program, or Rental Subsidy Program. The terms and conditions of the o agreement shall run with the land which is to be developed, shall be binding upon the r successor in interest of the developer, and shall be recorded in the Office of the San a. Bernardino County Recorder. v �s M M LO 13. (*)The agreement shall include the following provisions: a) a Cz a) lease any or ef the designated units at the fair- mafket valtw, Rents for the lower U income denser bonus units shall be set at an affordable rent as defined in section 50053 of a the California Health and Safety Code; Y b) rent,developer- or his/her- su iter-est sth-41 not sell, lease, sublet, assign, co other-wise transfer- any interests for- same without the vaitten appfoval ef the (D N M households,e0fifinni . * of the units is eensistepA with the limits established for-low. . In the event application is made to convert this project to a common interest development, as o defined in Section 4100 of the California Civil Code the pgty seeking the conversion shall a comply in all respects with the requirements of California Government Code section o 65915(b)(1)(D)and section 65915(c). cn C 0 C) The City shall have the authority to enter into other agreements with the developer or purchasers of the dwelling units, as may be necessary to assure that the 0 required dwelling units are continuously occupied by eligible households. a� 14. "Density bonus units" shall be generally dispersed throughout a development project and Q shall not differ in appearance from other units in the development. Q r 15. This permit or approval is also subject to the conditions or requirements of the following w City Departments or Divisions: E a. Building and Safety Division U b. Land Development Division a r c. Fire Department 16. (*) The applicant shall mow and clear the site of debris within 30 days of Planning Commission Hearin on n May 21,2014. 4 a Packet Pg. 1506 i I TTM 19333(Sub 14-08)and CUP 14-10 �� Hearing Date: May 21, 2014 May ofApproval Page 4 (*}Amended by the Planning Commission on May 21,2014. 0 T" a U otS M M LO a) r Q f3 2 Q1 V L cc a a� w c� c a� F- 00 N M R > O L C. Q. a 0 c =a c 0 U d c d E a Q a x w E U R 1 a s Packet Pg. 1507 P. t 6.D.b EXHIBIT A Community Development Department—Land Development Division Parcel Map 19533 and CUP 14-10 0 I, Drainage and Flood Control T a) The preliminary drainage study prepared by Encompass Associates, Inc. was submitted and on March 19 2014 and is currently under review. The drainage study shall be 06 approved prior to grading plan issuance. Any drainage improvements needed to mitigate CO downstream impacts or protect the development shall be designed and constructed at the a) developer's expense. b) The development is located within Zone X on the Federal Insurance Rate Maps map v number 06071 C8682H with map revision 08/28/08. a d C) 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. CO d) The project site drainage shall be outletted onto the public street, and shall be conveyed M through a parkway culvert constructed in accordance with City Standard No. 400. Conveyance of site drainage over the Driveway approaches will not be permitted. o CL e) A Preliminary Full-Categorical Water Quality Management Plan (WQMP) has been a submitted and has been accepted for this project. The drainage study and the final o WQMP shall be approved including the WQMP Maintenance Agreement prior to grading = permit. The applicant is directed to the City's web page at www.sbcity.org—Departments — Public Works — Engineering — Storm Water Requirements for templates to use in the o preparation of this plan. 3 f) The detention basin shall be designed in accordance with "Detention Basin Design Criteria for San Bernardino County and Hydrology Manual." The basin design shall not E exceed slopes greater than 4:1. A depth of 3 feet or greater shall be fenced, chain link a fencing is not acceptable. A pump shall be installed to drain the detention basin to a prevent standing water within the detention basin.Retention basins are not acceptable. s X g) A Storm Water Pollution Prevention Plan (SWPPP) will be required to be accepted prior `U to any permit issuance. The SWPPP shall be submitted and accepted by the City and approved through the California SMARTS electronic filing system. The applicant shall t provide the Notice of Intent (NOI) and WDID number from the State prior to grading Y permit. The applicant is directed to the City's web page at www.sbcitY orp — a Departments — Public Works — Engineering — Engineering Development Resources for templates to use in the preparation of this plan. h) The Director of Community Development, prior to grading plan approval, shall approve an Erosion Control Plan. The plan shall be designed to control erasion due to water and Packet Pg. 1508 i r h Project:VAL 9#76-unit Apartment Complex Case No.Parcel Map 19533 and DP-P-14-03 Page 2 of 6 wind, including blowing dust, during all phases of construction, including graded areas which are not proposed to be immediately built upon. i) The parcel located to the north of the project site shall be fully stabilized with hydoseed and shall be irrigated to prevent soil erosion. The site shall have perimeter control until the hydroseed has bonded. o 4 r 2. Grading and Landscanina a. U a) The grading and on-site improvement plans shall be signed by a Registered Civil M Engineer. The grading plan is required to be approved prior to building permit issuance and the improvement plan is required to be approved prior to occupancy. The grading Q 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 a, Director of Community Development. a b) The applicant must post a grading bond prior to issuance of a grading permit. The r amount of the bond is to be determined by the Director of Community Development. d c) If the grading plan indicates export or import, the source of the import material or the site for the deposition of the export shall be noted on the grading plan. Permit numbers shall N be noted if the source or destination is in the City of San Bernardino. +..� d) If more than 50 cubic yards of earth is to be hauled on City Streets then a special hauling Q permit shall be obtained from the City Engineer. Additional conditions, such as truck C route approval, traffic controls, bonding, covering of loads, street cleaning, etc. may be o required by the City Engineer. 0 e) The project site is located within a high susceptibility for liquefaction. The following are mitigation measures are required for the site: 0 Item la: The licensed geotechnical consultant shall review the final grading and a foundation plans to finalize the geotechnical recommendations prior to issuance of a Grading Permit. Said recommendations shall be incorporated into the plans for the a project as notes and specifications, which shall be verified during plan check by the City of San Bernardino Engineering and Building Department. ¢ Y Z s Item 1b: Ongoing during rough grading, areas of active grading shall be tested and w field monitored by a qualified geotechnical consultant pursuant to the final i geotechnical recommendations. Said monitoring and testing shall be documented in a) a log and shall .remain on-site during the construction phase for review by the City U Inspector. Y Item 1c: To minimize post-construction soil movement and to maintain the seismic induced settlement within tolerable limits, it is recommended that at least five feet below the base of the footings and the slab system be excavated;moisture conditioned as necessary, and re-compacted to a minimum of 90 percent of maximum density based on ASTM Dl 557 Test Method. SaRFCA',AI[2014t06.i6.34tti'al 9`.Fxhi6itAb-;°amcnded land l � Project:VAL 9#76-unit Apartment Complex Case No.Parcel Map 19533 and DP-P-14-03 Page 3 of 6 Item Id: A representative of the geotechnical engineering firm will be present during all site clearing and grading operations to test and observe earthwork construction. The geotechnical engineer will reject any material that does not meet compaction and stability requirements. 0 V_ Item le: Prior to issuance of permits, project plans shall include the geotechnical r 0. engineer's recommended treatment of fill material as a note such as the impacted fill. For preliminary planning purposes,a remedial removal depth of 36 inches could be utilized in U building pad areas. Remedial removals should include all existing fill and any native M materials deemed geo-technically unsuitable for support of structures and fill. M a Item If- 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. 0; w Item 1g: The replacement soils should extend 5 feet beyond the perimeter of the building. The non-expansive replacement soil should be compacted to at least 90 percent i relative compaction based on ASTM D1557 Test Method. The exposed native soils in co k the excavation should not be allowed to dry out and should be continuously moist prior to M backfilling. Also slab-on-grade continuous footings shall be nominally reinforced to minimize cracking and vertical offset. o L CL Item 1h: Prior to the placement of non-expansive engineered fill, the exposed subgrade Q in building pad, exterior flatwork, and pavement areas shall be scarified to a depth of o 12 inches, worked until uniform and free from large clods, moisture conditioned to at o least 2 percent above optimum moisture, and re-compacted to a minimum of 90 percent of maximum density based on ASTM D1557 Test Method. Oversaturated soils shall be o allowed to dry to approximately 2 percent above optimum moisture before re- compaction. a� fj Continuous concrete curbing at least 6 inches high and 6 inches wide shall be provided at least 3 feet from any wall, fence, property line, walkway, or structure where parking B and/or drive aisles are located adjacent thereto. Curbing may be left out at structure a access points. The space between the curb and wall, fence, property line, walkway or structure shall be landscaped, except as allowed by the Development Review Committee. X w g) The refuse enclosure(s) must be constructed in accordance with City Standard Drawing No. 508. The minimum size of the refuse enclosure shall be 8 feet x 15 feet. The number E and placement of refuse enclosures shall conform to the location and number shown on U the site plan as approved by the Development Environmental Review Committee. a h) The on-site improvement plan shall include details of the on-site lighting, including light location type of light fixture and poles, foundation design with structural calculations. A Photometric plot shall be provided which shows that the proposed on-site lighting design will provide the following: S'zRRIWAII 2014'60,16.14'Nal 9Tyhiha Ab-=Amco&J 1 a;'' Packet Pg. 1510 6.D.b Project:VAL 9#76-unit Apartment Complex Case No.Parcel Map 19533 and DP-P-14-03 Page 4 of 6 • 1 foot-candle of illumination uniformly distributed over the surface of the parking lot during hours of operation,and • 0.25 foot-candles security lighting during all other hours. i) The design of on-site improvements shall also comply with all requirements of The California Building Code, Title 24, relating to accessible parking and accessibility, r. including retrofitting of existing building access points for accessibility, if applicable. D u D An accessible path of travel shall be provided from the public way to the building co entrances. All pathways shall be concrete paved and shall provide a minimum clear rn width of 4 feet. Where parking overhangs the pathway, the minimum paved width shall be 6.5 feet. a: k) The project Landscape Plan shall be reviewed and approved by the Director of Community Development prior to issuance of a grading permit. Submit 5 copies to the 0- Land Development Division for Checking. Y 1) (*) Prior to occupancy of any building, the developer shall post a bond to guarantee the F maintenance and survival of project landscaping for a period of eye three(3) ear. CO m) All electrical transformers located outdoors on the site, shall be screened from view with M a solid wall or landscaping and shall not be located in any setback/right-of-way area. If 6 the transformer cannot be screened, it shall be located in an underground vault unless o approved by the City Engineer pursuant to Section 1930.110. Q n) 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 o Real Property Section will prepare documents for execution by the property owner. The ii documents shall ensure that,if the property owner or subsequent owner(s)fail to properly 0 maintain the landscaping, the City will be able to file appropriate liens against the property in order to accomplish the required landscape maintenance. A document- processing fee in the amount established by ordinance shall be paid to the Real Property Section to cover processing costs. The property owner, prior to plan approval, shall ¢ execute this easement and covenant unless otherwise allowed by the City Engineer. a 3. Utilities X W a) 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, electric,telephone, E water, sewer and cable TV. U w b) This project is located in the sewer service area maintained by the City of San Bernardino ¢ therefore, any necessary sewer main extension shall be designed and constructed in accordance with the City's "Sewer Policy and Procedures" and City Standard Drawings. c) Utility services shall be placed underground and easements provided as required. S A RF(W.A1i 201460 16.14 NW SVTOibit.Ah-Amended Land 1 Packet Pg. 1511 8 Project:VAL 9#76-unit Apartment Complex Case No.Parcel Map 19533 and DP-P-14-03 Page 5 of 6 d) A street cut permit, from the City Engineer, will be required for utility cuts into existing streets. e) All existing overhead utilities adjacent the project site on 9 h Street shall be placed underground. The above ground utilities traversing the westerly side of the project site 9 shall also be placed underground in accordance with Section 19.20.030 of the Development Code. r a f) Existing Utilities which interfere with new construction shall be relocated at the U Developer's expense as directed by the City Engineer. M M N 4. Map>pins Q a) A Parcel Map based upon field survey will be required. U b) If the required improvements are not proposed to be completed prior to recordation of the a Parcel 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 Parcel Map, stating that the required improvements will be completed upon development. CO C) Additional survey and map information including, but not limited to, building setbacks, flooding and zones, seismic lines and setbacks, geologic mapping and easements. i 5. Street Improvement and Dedications a a a) For the streets listed below, dedication of adequate street right-of-way (R.W.) to provide o the distance from street centerline to property line and placement of the curb line (C.L.) o in relation to the street centerline shall be as follows: 0 Street Name Riaht of Way(ft.) Curb Line(ftI v d 9' Street 44-feet 32-feet E Q Valencia Avenue 25-feet I8-feet 9 X w b) Construct 8" Curb and Gutter per City Standard No. 200 along the frontage of the project site on Valencia Avenue. Widen pavement adjacent to the site to match new curb and E gutter. Construct approach and departure transitions for traffic safety and drainage as a approved by the City Engineer. Q c) Construct sidewalk adjacent to the project site on Valencia Avenue and 9t' Street in accordance with City Standard No. 202; Case "A" (6' wide adjacent to curb). d) If the existing curb& gutter adjacent to the project site on 9 h Street is in poor condition, the broken curb & gutter shall be removed and reconstructed to City Standards. Curb & S:ZFCA"A11 2014'io(i.16.14A`al 9',F:xhibit Ab-Amended I .'' Packet Pg. 1512 Project:VAL 9#76-unit Apartment Complex Case No.Parcel Map 19533 and DP-P-14-03 Page 6 of 6 Gutter shall conform to Standard No. 200, Type "B", unless otherwise approved by the City Engineer. g e) At all curb returns within and adjacent to the project site, construct accessible curb ramps in accordance with Public Works Construction Standards to comply with current ADA accessibility requirements. ° f T f) Radius type Driveway Approaches are proposed for this project in lieu of the standard o. drive approaches, therefore, the throat of the driveway shall be paved in colored textured 0 concrete. 06 M M Ln g) The Curb return at the intersection of Valencia Avenue and 9th Street shall be constructed with a 35-foot radius and the full street width of the cross gutter shall be removed and replaced to the joint of the spandrel. L h) The pavement on Valencia Avenue shall be rehabilitated with a 2" grind and overlay n along the frontage of the project site to the centerline of the street. f i) The pavement on 9th Street shall have all the potholes filled and a slurry coat shall be placed along the frontage of the project site to centerline of the street and restriped accordingly to cover all utility trenching that will be required. co M j) Install City Street Lights adjacent to the project site on Valencia Avenue and 9th Street in accordance with City Standard Nos. SL-1 and SL-2. Also, a separate light with the meter o L pedestals plan shall be submitted in accordance with the City of San Bernardino Street Lighting Design Policies. ¢ o 6. Required Engineering Permits o .2 a l Grading permit. o ' U b) On-site improvements construction permit(except buildings - see Development Services- Building Division),including landscaping and Erosion Control Plan. E C) Off-site improvement construction permit. ¢ 7. Traffic Requirements X a) All traffic mitigation measures shall be implemented per the approved Traffic Study. w Y E V (*)Amended by the Planning Commission on May 21,2014. w a S.:,RFC'A'+AEI 31)141,06.16.14,V it O.Fxhibil Ab-.emended klr� Packet Pg. 1513 6.D.b EXHIBIT A CITY OF SAN BERNARDINO Community Development Department—Building Division Condition of Approval 0 T" 4 T 1. All building plans and site plans submitted shall conform to the California Building Codes in effect at the time of plan submittal. This shall include the California Green Building Code. L) 0s M 2. Project is located in an 85mph wind load zone,using the nominal design wind speed. Please LO use exposure C. Seismic and liquefaction zones to be verified prior to plan submittal. r a 3. All site and housing elements shall conform to Chapter 11 A, 1 i B,and the ADA requirements in place at the time of plan submittal. Plans shall indicate all adaptable units,all disabled ca access features and their details. This shall include the play areas,all stairs, elevators,rest- °9 rooms, clubhouse,mail/laundry building,barbeque area,turf areas,etc. Y 4. All exterior walls and building support elements located 5ft or less to property lines shall be fire rated per Chapters 6, 7 and all other related sections of the California Building Codes in co 0 effect at the time of plan submittal. Also, show all eave overhangs, projections and extended building elements and indicate their fire ratings. o a 5. All openings in close proximity to property lines shall conform to Table 705.8 of 2013 CBC, d or any other related sections of the California Building Codes in effect at the time of plan submittal. Y 6. All exiting shall conform to chapters 10 and 11 of the California Building Codes in effect at U the time of plan submittal. The following items shall be addressed prior to plan review submittal. a. Provide a detailed exiting plan showing egress travel from all building locations. Egress plan shall show areas of exit discharge locations. Please note all required exits shall be accessible a to the disabled and indicate all grade elevation changes on plans. b. Identify all the designated exits and signage used. w c. Show exit door arrangements and distances. d. Show door sizes. E e. Exit signage shall conform to chapter 10 and 11 of the California Building Codes in effect at U the time of plan submittal. a f. Provide occupant load calculations based on room by room occupant loads. 7. Restrooms fixtures shall be as required by the California Plumbing Code in effect at time of plan submittal. Packet Pg. 1514 r , Page 2 of 2 8. If applicable, demolition permits shall be obtained prior to the start of construction 0 5 Jim Sowers May 1, 2014, 4 2014 Senior Plans Examiner CL Direct: 9091384-5252 U E-Mail: sowersjat�a sbcity.org M � M LO T F ' Q C U L a d Y c� C m g H k 3 CO N . ! M tC O Q Q. Q s O N C O ` C p O U i d c E Q 3 Q .r s x W r C E U 10 O w .r Q S:,RFCA\AII 2014JR).16.14; 'al9TOtn Packet Pg. 1515 i CITY OF SAN BERNARDINO FIRE DEPARTMENT STANDARD REQUIRMENTS Case:P14-03 Date:429-14 PROJECT SITE: 19THNALENCIA Reviewed By:SP GENERAL REQUIREMENTS: 0 19 Provide one additional set of construction plans to Building and Safety for Fire Department use at time of plan 4 check. T CL E3 Contact the City of San Bernardino Fire Department at(909)384-5855 for specific detailed requirements. D U El The developer shall provide for adequate fire flow. Minimum fire flow requirements shall be based on square 08 footage,construction features,and exposure information supplied by the developer and must be available M 1!14r to placing combustible materials on site. rn T WATER PURVEYOR FOR FIRE PROTECTION: M 13 The fire protection water service for the area of this project is provided by: a� 13 San Bernardino Municipal Water Department-Engineering(909)384-5391 a 13 East Valley Water District- Engineering(909)888-8965 d 13 Other Water purveyor: Phone: M PUBLIC FIRE PROTECTION FACILITIES: Public fire hydrants are required along streets at intervals not to exceed 300 feet for the commercial an 00 multi-residential areas and at intervals not to exceed 500 feet for residential areas. c� M Fire hydrant minimum flow rates of 1,500 gpm at a 20 psi minimum residual pressure are required for commercial and multi-residential areas. Minimum fore hydrant flow rates of 1,000 gpm at a 20 psi minimum > residual are required for residential areas. a ® Fire hydrant type and specific location shall be jointly determined by the City of San Bernardino Fire a Department in conjunction with the water purveyor. Fire hydrant materials and installation shall confirm to 0 the standards and specifications of the water purveyor. N ® Public fire hydrants,fire services,and public water facilities necessary to meet Fire Department requirements o are the developer's financial responsibility and shall be installed by the water purveyor or by the developer at the water purveyor's discretion. Contact the water purveyor indicated above for additional information. o U ACCESS: o 0 Provide two separate,dedicated routes of ingress/engress to the property entrance . The routes shall be paved,all weather. © Provide an access road to each building for fire apparatus. Access roadway shall have an all-weather driving Q surface of or less than 20 feet of unobstructed width. Q 13 Extend roadway to within 150 feet of all portions of the exterior wall of al single story buildings. ® Extend roadway to within 50 feet of the exterior wall of all multiple-story buildings. x w Q Provide"NO PARKING'signs whenever parking of vehicles would possibly reduce the clearance of access roadways to less than the required width. Signs are to read"FIRE LANE-NO PARKING-M.C.Sec 15.16". v 0 Dead-end streets shall not exceed 500 feet in length and shall have a minimum 40 foot radius turnaround. 0 The names of any new streets(public or private)shall be submitted to the Fire Department for approval. f° w Q SITE: All access roads and streets are to be constructed and usable prior to combustible construction. © Private fire hydrants shall be installed to protect each building located more than 150 feet from the curb line. No fire hydrants should be within 40 feet of any exterior wall. The hydrants shall be Wet Barrel type,with one 2 1/2 inch and 4 inch outlet,and approved by the Fire Department. Areas adjacent to fire hydrants shall be designated as a "NO PARKING"zone by painting an 8 inch wide,red stripe for 15 feet in each direction in front of the hydrant in such a manner that it will not be blocked by parking vehicles. Lettering to be in white 6" by 1/2". Packet Pg. 1516 '11LDING: J Address numerals shall be installed on the building at the front or other approved location in such a manner as to be visible from the frontage street. Commercial and multi family address numerals shall be 6 inches tall,sin- gle family address numerals shall be 4 inches tall. The color of the numerals shall contrast with the color of the background. Identify each gas and electric meter with the number of the unit it serves. Fire extinguishers must be installed prior to the building being occupied. The minimum rating for any fire o extinguisher is 2A 10B/C. Minimum distribution of fire extinguishers must be such that no interior part of the 4 building is over 75 feet travel distance from a fire extinguisher. `- a • Apartment houses with 16 or more units,hotels(motels)with 20 or more units,or apartments or hotels (motels)three stories or more in height shall be equipped with automatic fire sprinklerAesigned to NFPA standards. M Ln M • All buildings,over 5,000 square feet,shall be equipped with an automatic fire sprinkler system designed to NFPA standards. This includes existing buildings vacant over 365 days. a • Submit plans for the fire protection to the Fire Department prior to beginning construction of the system. Permit required. 0 Tenant improvements in all sprinklered buildings are to be approved by the Fire Department prior to start of construction. Permit required. a v • Provide fire alarm(required throughout). Plans must be approved by the Fire Department prior to start of installation. Permits required. • Fire Department connection to sprinkler system/standpipe system,shall be required at Fire Department approved location. 00 ® Fire Code Permit required,at 200 E.3rd Street(909)384-5388. µW'S �) Fire Sprinkler monitoring required. Plans must be approved by the Fire Department prior to the start of construction. Permit required. o L 0 Occupant load. Q a a 0 Notes:The applicant must request, in writing,any changes to Fire Department requirements. 0 ADDITIONAL INFORMATION: c 0 1. FIRE SPRINKLERS ARE REQUIRED.ALL PLANS SHALL BE APPROVED PRIOR TO CONSTRUCTION. v d 2. KNOX BOX IS REQUIRED. CONTACT 909-384-5388 FOR INFORMATION. � E Q 3. Smoke detectors and carbon dioxide detectors shall be installed in per the CBC requirements. a 4.All exit windows that serve as emergency egress windows shall comply with the CBC. ° X w c a� E co r .r Q Packet Pg. 1517 ATTACHMENT A — LOCATIONIZONING MAP CITY OF SAN BERNARDINO PLANNING DIVISION PROJECT: TPM 19533 and CUP 14-10 LOCATION MAP NORTH HEARING DATE: 0611612014 1i I' M 4 �- ide oa fiat ch CL � Medium U OLIVE ST _ OLIVE ST OLIVE ST «i �} Reidenbal Medum at Co �w t } Public w � Facilities J o urt� Re:sidentlal o Puhlic � Faali6e� k .E C mmercial PROJECT H SITE yp, v bmmesacl 8641 E E 9TH ST E 9T Sao ft Her Packet Pg. 1518 AGENDA ITEM 4D.D.d 01PLANNING COMMISSION STAFF REPORT CITY OF SAN BERNARDINO PLANNING DIVISION CASE: Tentative Parcel Map 19533 (Subdivision 14-08) and Conditional Use Permit 14-10 HEARING DATE: May 21, 2014 WARD: 1 ° 4 r OWNER: APPLICANT: Grand Council Enterprises Inc. National Community Renaissance of California 104 South Maple Street 921 Haven Avenue M Corona, CA 92880 Rancho Cucamonga, CA 91730 LO 951.371.3390 909.204.3452 a CU v REQUEST/LOCATION: a m A request for a Tentative Parcel Map to subdivide 4.64 acres into two parcels and a Conditional Use- Permit to construct an affordable 76-unit multi-family housing project in two buildings with on-site amenities including a 2,200-square foot clubhouse community building and a 1,000-square foot laundry/maintenance facility. A density bonus up to 35% and regulatory concessions for reduction in 00 multi-family development standards relating to off-street parking, private open space, and common M open space requirements are also being requested. The project site is located at the northeast corner of 9`h Street and Valencia Avenue, in the Residential Medium (RM) zone. a d L Assessor Parcel Number: 0147-191-12 r CONSTRAINTS & OVERLAYS: a N C None 0 E U ENVIRONMENTAL FINDINGS: a El Not Subject to CEQA a * Exempt from CEQA, Section 15332—Infill Development E ❑ No Significant Effects v ❑ Potential Effects,Mitigation Measures and Mitigation Monitoring/Reporting Plan Q STAFF RECOMMENDATION: Recommend Approval to the Mayor and Common Council: • Approval • Conditions ❑ Denial ❑ Continuance to: Packet Pg. 1519 TPM 19533 and CUP 14 Hearing Date:May 21, 2014 Page 2 PROJECT DESCRIPTION The applicant requests approval of the following: Tentative Tract Map 18828 (Subdivision 11-03)under the authority of Development Code Chapter 19.66 to subdivide approximately 4.64 acres into two parcels of approximately 4.17 acres and .47 acre in area; and Conditional Use Permit 11-13 under the authority of Development Code Chapter 19.3 6,to construct an o affordable 76-unit multi-family housing project in two buildings with on-site amenities including a v 2,200-square foot clubhouse community building, a child play area, and a 1,000-square foot a laundry/maintenance facility. A density bonus up to 35% and regulatory concessions for reduction in v multi-family development standards relating to off-street parking, private open space, and common ca open space requirements are also being requested. M rn r The proposed multi-family housing project will consist of a mix of one to two bedrooms in two C buildings: one two-story with 16-unit building and one three-story with 60-unit building. Specifically, the project would include 10 one-bedroom units, 40 two-bedroom units, 40 two-bedroom units, 22 u three-bedroom units and 4 four-bedroom units. On-site amenities would include a 2,200-square foot a clubhouse community building, a child play area, and a 1,000-square foot laundry/maintenance building. The project includes enhanced landscaping treatment on 9th Street(Attachment B). 2 _ CD The General Plan allows Residential Medium (RM) district a maximum density of 14 units per gross acre. With the density bonus of 35%, the proposed 76 units would result in an overall density of 18.9 co dwelling units per gross acre. w 0 The structures will have variable setbacks on Valencia Avenue and 9th Street. Vehicular access to the 0 site will be provided on Valencia Avenue and 9th Street. A 6-foot wrought iron fence with pilasters will be constructed along the project perimeter. On-site security and management plans include lighting, N monitoring service, preventive inspections, and other features are outlined in the Management Plan in a Attachment E. N a� SETTING& SITE CHARACTERISTICS E U R The project site is vacant and consists of one parcel of approximately 4.64 acres. The project site is B surrounded by urbanized development on all sides to the north, south, east and west. Surrounding uses include a mix of urban uses including a mobile park, a church and schools. E v Table 1,below, provides a summary of the project site with the land uses of the surrounding properties. r a Packet Pg. 1520 TPM 19533 and CUP 14 Hearing Date:May 21, 2014 Page 3 TABLE 1 - SURROUNDING LAND USES LOCATION EXISTING LAND USE ZONING GENERAL PLAN LAND USE Subject Site Proposed Multi-family Residential Medium (RM) Residential North Church Residential Medium(RM) Residential East Mobile Home Park Residential Urban(RU) Residential c West Schools Public Facilities(PF) Public/Quasi-Public a South Heavy Commercial Uses Industrial Light(IL) Industrial v 06 M M Ln r Q BACKGROUND a� • March 19, 2014 - The applicant submitted Tentative Parcel Map 19533 and Conditional Use Permit 14-10. d • April 3, 2014 - The Development/Environmental Review Committee (D/ERC) conducted a preliminary review of TPM 19533 and CUP 14-10. • April 30, 2014- Grand Council Enterprises Inc. acquired the subject site. co • May 1, 2014 - The Development/Environmental Review Committee (D/ERC) reviewed TPM 19533 and CUP 14-10 and moved the item to the Planning Commission for consideration. M CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Q CD L The proposed project is exempt from environmental review, pursuant to section 15332 of the State CEQA Guidelines, for in-fill development projects that can be adequately served by required utilities v and public services. The site is disturbed and located in an urbanized area. No significant impacts on °- N the environment or natural resources are anticipated. a� E ANALYSIS U Conditional Use Permit: Q The applicant requests a 35% density bonus as part of the development component pursuant to a Government Code Section 65915. U t4 a+ Development Code Section 19.04.030 (D) (2) requires a Conditional Use Permit for a density bonus. a Moreover, Development Code Section 19.04.030 (2) (D) (1) (a) states: "density bonus" shall mean a density increase of 25% over the otherwise maximum allowable residential density under the RM zone. However, based on the City's Attorney Office rendered legal opinion dated Wednesday, April 2, 2014, the applicant is entitled to the 35% density bonus pursuant to Government Code Section 65915. Please refer to Attachment E for details. Packet Pg. 1521 TPM 19533 and CUP 14 Hearing Date:May 21, 2014 Page 4 The General Plan RM land use district permits a maximum density of 14 units per gross acre. As proposed with the 35% Density Bonus pursuant to Government Code Section 65915, the density becomes at 18.9 units per gross acre (14 d.u./acre x .35 = 4.9 14 + 4.9 = 18.9 d.u./acre). Further, the parcels created by TPM 19533 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: Table 2 -DEVELOPMENT CODE CONSISTENCY TENTATIVE BONUS DENSITY LOT SIZE TRACT MAP at 14 d.u./acre Parcel 1 Size:4.1 acres 14 d.u./per gross acre 14,400 sq. ft(minimum) o. Apartment 18.9 d.u.per density bonus c=i Parcel 2 Size: .47 acres 14,400 sq. ft. (miminum) M 14 d.u./per gross acre "' Remainder a' r a U As permitted by Government Code Section 65915, the applicant is requesting three concession items as follows: > r CU 1. Private Open Space requirements - 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. The applicant is requesting a co concession from private open space requirements per Development Code Section 19.04.030 (2) M (L) (2)• t 0 2. Off-street Parking Requirements - Development Code Section 19.24.040 requires 175 parking stalls. The applicant is requesting a concession from minimum off-street parking requirements N to provide 113 parking stalls. a N 3. Common Useable Open Space requirements—Development Code Section 19.04.030 (2) (L) (1) _ requires all multi-family development with 12 or more dwelling units shall provide 30% E useable open space for passive and active recreational uses. Based on the project scope, 30% of U common useable open space would require 1.3 acres. The project proposes 1.1 acres of Q common useable open space. The applicant is requesting a concession from common useable open space per Development Code Section 19.04.030 (2) (L) (1). E In return for these concessions,the City will benefit from approval of the project with the following: a • 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 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). Packet Pg. 1522 TPM 19533 and CUP 14 Hearing Date:May 21, 2014 Page 5 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. Neighborhood Impact: Public hearing notices were sent to property owners within 500 feet of the o subject site, as required by Section 19.52.020 of the City of San Bernardino Development Code Additionally, the applicant has been conducting workshops and meetings on the proposed project to a provide information to the community. Additionally, 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; court game facilities such as tennis, basketball, or racquetball; improved softball or baseball fields; or day care facilities. The proposed project will provide 2 amenities, which meets Development Code Section 191.04.030 (L) (3). Table 3, below, provides a summary of the amenity requirements for v the proposed project: a. w TABLE 3 -AMENITY REQUIREMENTS 2 Development Code Proposed N N M • 2 amenities • 2 amenities o • A combination of a swimming pool, tot lot, • A 2,200-square foot clubhouse and a W picnic shelter, barbecue area, and day care child play area. facilities. N U a N C 0 Economic Feasibility: E U f6 As stated above, the applicant is requesting a density bonus and concessions. The purpose of this Q request is to allow these units to be constructed within the project in a cost-effective manner. d FINDINGS OF FACT—TENTATIVE PARCEL MAP 1. The proposed subdivision is consistent with 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 and development standards as described in Table 2, above. 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. Packet Pg. 1523 TPM 19533 and CUP 14 Hearing Date:May 21, 2014 Page 6 2. The design of the proposed subdivision is consistent with the General Plan. The proposed subdivision will implement the goals and polices contained in the General Plan. 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, and duplex residences in a high quality suburban setting at a density of 14 dwellings per gross acre. Each proposed parcel will have direct access to a public street. The proposed subdivision will facilitate operation of the proposed and future residential uses, in compliance with the General Plan and Development Code, as shown in Tables 2 and 3, above. 4 r 3. The site is physically suitable for the proposed type of development.. U The project site is physically suitable for the existing and future multi-family residential uses. The 06 Tentative Parcel Map conforms to the subdivision design standards for minimum lot size and access as CO specified in the Development Code. The parcels will be accessible by existing streets. Connecting to (n 0. 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. u L 4. The site is physically suitable for the proposed density of development. a a� The site is physically suitable for the proposal in that the proposed subdivision is consistent with the w 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 N proposed. 0 5. The design of the subdivision is not likely to cause substantial environmental damage, or L substantially and unavoidably injure fish of wildlife or their habitat. , N The proposed subdivision is exempt from environmental review pursuant to CEQA Section 15332 for a In-fill Developments. The proposed subdivision will not cause substantial environmental damage, or N injure fish or wildlife or their habitat,because the site is already substantially disturbed and surrounded by urban development. 6 The design of the subdivision is not likely to cause serious public health problems. Q c The design of the subdivision meets all applicable Development Code requirements, which protect the E public health and safety. Both proposed parcels will have direct access to existing public streets. Therefore, emergency and public services will continue to have adequate access to the site. The r proposed subdivision is not expected to have any effect on public health. Q 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 Parcel Map. Packet Pg. 1524 TPM 19533 and CUP 14 Hearing Date:May 21, 2014 Page 7 FINDINGS OF FACT—CONDITIONAL USE PERMIT 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 Code. The proposed project, an affordable multi-family housing project with density bonus, is a permitted use under the RM land use classification, subject to approval of a Conditional Use Permit application. The project design is consistent and compatible with other development in the vicinity, and it complies with o the standards enumerated in Sections 19.04.030(2)(Q) and 19.04.030 (2) (L) for multi-family and v senior housing projects, as well as other applicable provisions of the Development Code, as illustrated a in Tables 2, 3, 4, 5, 6, and 7 of the staff report. Therefore, the proposal would not impair the integrity v and character of the subject RM land use district. 06 M M LO 2. The proposed use is consistent with the General Plan. a 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'. 2- General Plan Policy 3.3 states: "Assist in the development of adequate housing to meet the needs of low and moderate-income households". CU c a� The proposed project will provide additional affordable housing opportunities in the central area of the 0 City, consistent with the General Plan goals and policy cited above. N M 3. The approval of the Conditional Use Permit for the proposed use is in compliance with the o requirements of the California Environmental Quality Act and Section 19.20.030(6) of the L Development Code. The proposed project is exempt from the California Environmental Quality Act (CEQA) requirements a per Section 15332 of the State CEQA Guidelines, as an in-fill development project that can be N adequately served by required utilities and public services. Staff reviewed the project in conformance a to Development Code requirements to verify that no existing conditions of the site or potential impacts E of the project would require further review pursuant to CEQA. Q 4. There will be no potentially significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored. U 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. The d existing auto repair facility on the project site will be demolished. All grading and project construction activities planned for the site will be implemented and monitored in accordance with standard requirements of the City, to ensure that the project will not cause significant impacts on environmental quality or natural resources. Packet Pg. 1525 TPM 19533 and CUP 14 Hearing Date:May 21, 2014 Page 8 5. The location, size, design, and operating characteristics of the proposed use are compatible with the existing and future land uses within the general area in which the proposed use is to 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 and 3 of the staff report. Therefore, the design of the o project, in conjunction with the recommended conditions of approval, will ensure that the project will 4 not create significant noise, traffic, or other conditions or situations that may be objectionable or a detrimental to other permitted uses in the vicinity of the site, nor will it be adverse to the public U interest, health, safety, convenience or welfare of the City. The location, size, design and character of 06 the proposed development will enhance the existing conditions in the area, much to the benefit of the CO public interest and general welfare of the City. CL 6 The subject site is physically suitable for the type and density/intensity of use proposed. CD The project site is physically suitable for the proposed multi-family housing, developed at the density a proposed by CUP 14-10, as evidenced by the project's compliance with all applicable Development Code Standards, as noted in Tables 2 and 3. There are no physical constraints that would limit w development of a multi-family housing project on the site as proposed. 7. There are adequate provisions for public access, water, sanitation, and public utilities and services N to ensure that the proposed use would not be detrimental to public health and safety. 0 All agencies responsible for reviewing access and providing water, sanitation and other public services 0 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. a N CONCLUSION E Staff has determined that the proposal satisfies all Findings of Fact required for approval Tentative Parcel Map 19533 (Subdivision 14-08) and Conditional Use Permit 14-10. a u c RECOMMENDATION E s U Staff recommends that the Planning Commission recommend that the Mayor & Common Council y approve Tentative Parcel Map 19533 (Subdivision 14-08) and Conditional Use Permit 14-10, based on a the Findings of Fact contained in the Staff Report and subject to the Conditions of Approval (Attachment Q. Packet Pg. 1526 -,cv � fi $4 e� vrt a; �•, r �^r.-.., vJR .�, o - -o. - �3' -.*- s...:: � ° - +t8 a TPM 19533 and CUP 14 Hearing Date:May 21, 2014 Page 9 Respectfully Submitted, 010e� Aron Liang Senior Planner 0 Approved for Distribution: 4 a --� D Mark Persico AICP M W Interim Community Development Director a L Attachment A - Location Map a Attachment B - Site and Floor Plans i Attachment C - Conditions of Approval c Attachment D -Management and Security Plan 40 Attachment E - City Attorney Legal Opinion April 2,2014 Go � N v 3 � O O. d a co Y N U N Y C 3 d V � fC Y Q Y E U 10 Q Packet Pg. 1527 6.D.d ATTACHMENT A - AERIAL MAP CITY OF SAN BERNARDINO PLANNING DIVISION PROJECT: TPM19533 and CUP14-10 NORTH LOCATION MAP HEARING DATE: 0512112014 0 r r U w" Cl ul CL p7tS � �k m a. V # 1 IV u (� e d 000 u„ k N M O Q d co =i y V c PROJECT SITE R Q E a.+ Q Packet Pg. 1528 6.D.d ATTACHMENT A - LOCATIONIZONING MAP CITY OF SAN BERNARDINO PLANNING DIVISION PROJECT: TPM19533 and CUP14-10 NORTH LOCATION MAP HEARING DATE: 0512112014 a 4 aS li�f�llle� Cl) M om mmeca9 n. s� C� 4L_IVE ST _ OLIVE_ Sfi_ OLIVE ST a ReMenlid c Medium 00 U M Pudic Facilities � g Public181� U d fz N w. 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W m ♦ z iii ��!��i��►� " -� --�, !M, - �i� - N,N N `'' tl►I►`j\/;X11►®� �� N FEA WON allm Fal FMI owill -.� �- ■. kwj INIVA �.■ - FA — .r1 ono .►. ffAl FMS v i�i�ib�ib I --A � /'S NORI S Asa:R, 6.D.d ATTACHMENT C CONDITIONS OF APPROVAL Tentative Parcel Map 19533 (Subdivision 14-08) and Conditional Use Permit 14-10. 1. This approval is for a Tentative Parcel Map to subdivide 4.64 acres into two parcels and a Conditional Use-Permit to construct an affordable 76-unit multi-family housing project in two buildings with on-site amenities including a 2,200-suare foot clubhouse community building and a 1,000-square foot laundry/maintenance facility. A density bonus up to 35% and regulatory concessions for reduction in multi-family development standards relating to off-street parking, private open space, and common open space requirements are also being requested. The project site is located at the northeast corner of 9th Street and Valencia M Avenue, in the Residential Medium (RM) zone. All development shall be in substantial LO conformance to submitted plans date stamped March 19, 2014. a CU 2 2. Tentative Tract Man: Within two years of the original approval date, the filing of the final map with the Council shall have occurred or the approval shall become null and void. a Expiration of a tentative map shall terminate all proceedings and no final map shall be filed without first processing a new tentative map. The City Engineer must accept the final map or tentative map documents as adequate for approval by Council prior to forwarding them CD ., to the City Clerk. The date the final map shall be deemed filed with the Council is the date on which the City Clerk receives the map. 00 N M EXPIRATION DATE: 2 Years after approval by the Mayor and Common Council 0 a m 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 N or the permit/approval shall become null and void. If after commencement of construction, a the work is discontinued for a period of one year, the permit/approval will become null and N void. Approval of the Conditional Use Permit does not authorize commencement of construction. All necessary permits must be obtained prior to commencement of specified E construction activities included in the Conditions of Approval. w EXPIRATION DATE: 2 Years after approval by the Mayor and Common Council Q E 4. In the event this approval is legally challenged, the City will promptly notify the applicant of any claim or action or proceeding and will cooperate fully in the defense of this matter. a Once notified, the applicant agrees to defend, indemnify, and hold harmless the City of San Bernardino ("City"), any departments, agencies, divisions, boards 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 applicant further agrees to low 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. Packet Pg. 1546 TTM 19533(Sub14-08)and CUP 14-10 Hearing Date:May 21, 2014 Conditions of Approval Page 2 ww✓i The costs, salaries, and expenses of the City Attorney and employees of his office shall be considered as "attorneys' fees" for the purpose of this condition. As part of the consideration for issuing this permit, this condition shall remain in effect if this Development Permit is rescinded or revoked, whether or not at the request of applicant. 5. Prior to installing any signs, the applicant must submit a Sign Permit application to the c Planning Division for review and approval. v a 6. Perimeter fencing shall be constructed with wrought iron fence with pilasters. D 06 7. All construction sites shall be secured with temporary chain-link fencing,6 feet in height. M LO a� 8. All windows, doors, and vents shall be architecturally treated. a 9. 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 a first being reported. 10. The project applicant/owner shall install a 15-foot landscape setback along Parcel 2 frontage. The landscaping theme for Parcel 2 shall be same landscaping theme in Parcel 1. 11. The project applicant/owner agrees to construct at least 1 of the following: M 0 a. Twenty percent of the total units of a housing development for persons and families or lower income, as defined in Section 50079.5 of the Health and Safety Code. U n b. Eleven percent of the total units of a housing development for very low income households, as defined in Section 50105 of the Health and Safety Code. E U C. Fifty percent of the total dwelling units of a housing development for qualifying residents, as defined in Section 51.2 of the Civil Code. a c m 12. Prior to the issuance of a building permit for any dwelling unit in a development for which s "density bonus units" have been awarded or incentives have been received, the developer shall submit documentation which identifies the restricted units and shall enter into a written agreement with the City to guarantee for 30 years their continued use and availability to low and very low-income households. The agreement shall extend more than 30 years if required by the Construction or Mortgage Financing Assistance Program, Mortgage Insurance Program, or Rental Subsidy Program. The terms and conditions of the agreement shall run with the land which is to be developed, shall be binding upon the successor in interest of the developer, and shall be recorded in the Office of the San Bernardino County Recorder. Packet Pg. 1547 TTM 19533(Sub14-08)and CUP 14-10 Hearing Date:May 21, 2014 Conditions of Approval Page 3 13. The agreement shall include the following provisions: a) The developer shall give the City the continuing right-of-first-refusal to purchase or lease any or all of the designated units at the fair market value; b) The deeds to the designated units shall contain a covenant stating that the developer or his/her successor in interest shall not sell, rent, lease, sublet, assign, or c otherwise transfer any interests for same without the written approval of the City confirming that the sales price of the units is consistent with the limits established for low- and moderate-income households,which shall be related to the Consumer Price Index. v Ca C) The City shall have the authority to enter into other agreements with the M developer or purchasers of the dwelling units, as may be necessary to assure that the c required dwelling units are continuously occupied by eligible households. C 14. "Density bonus units" shall be generally dispersed throughout a development project and w L shall not differ in appearance from other units in the development. a d 15. This permit or approval is also subject to the conditions or requirements of the following c City Departments or Divisions: 00 a. Building and Safety Division M b. Land Development Division 0 c. Fire Department d cn U n. N r.. C d E V Q C d E t U R w a Packet Pg. 1548 Tentative Parcel Map 19533 (Subdivision 14-08) and CUP 14-10 CITY OF SAN BERNARDINO Community Development Department — Building Division Condition of Approval 1. All building plans and site plans submitted shall conform to the California Building Codes in c effect at the time of plan submittal.This shall include the California Green Building Code. v n. 2. Project is located in an 85mph wind load zone, using the nominal design wind speed. Please v use exposure C. Seismic and liquefaction zones to be verified prior to plan submittal. M M LA 3. All site and housing elements shall conform to Chapter 11A, 11B, and the ADA requirements a. in place at the time of plan submittal. Plans shall indicate all adaptable units, all disabled access features and their details. This shall include the play areas, all stairs, elevators, rest- rooms, clubhouse, mail/laundry building, barbeque area, turf areas, etc. a d 4. All exterior walls and building support elements located 5ft or less to property lines shall be w c fire rated per Chapters 6, 7 and all other related sections of the California Building Codes in W effect at the time of plan submittal. Also, show all eave overhangs, projections and 00 extended building elements and indicate their fire ratings. M 0 5. All openings in close proximity to property lines shall conform to Table 705.8 of 2013 CBC, 0- or any other related sections of the California Building Codes in effect at the time of plan submittal. U a N 6. All exiting shall conform to chapters 10 and 11 of the California Building Codes in effect at the time of plan submittal. The following items shall be addressed prior to plan review submittal. Y a. Provide a detailed exiting plan showing egress travel from all building locations. Egress plan Q c shall show areas of exit discharge locations. Please note all required exits shall be accessible to the disabled and indicate all grade elevation changes on plans. b. Identify all the designated exits and signage used. a c. Show exit door arrangements and distances. d. Show door sizes. e. Exit signage shall conform to chapter 10 and 11 of the California Building Codes in effect at the time of plan submittal. f. Provide occupant load calculations based on room by room occupant loads. Packet Pg. 1549 6.D.d Page 2 of 2 i R 7. Restrooms fixtures shall be as required by the California Plumbing Code in effect at time of q plan submittal. 8. If applicable, demolition permits shall be obtained prior to the start of construction Jim Sowers May 1, 2014, ° 2014 Senior Plans Examiner Direct: 909/384-5252 D E-Mail: sowersJa @sbcity.org 06 CO M LO r CL N U L Q. Q� cc Y CO N M t a a Cl) L W Y U CL N Y d E t U !Q Y Y Q C E U lC Y Y Q S:`•:PLANNINCi\PC Staff Reports`W014\05.21.14`:'I'i'i%9 and CUP14-10 Val 9`,Building.doc 6.D.d ATTACHMENT C Community Development Department—Land Development Division Parcel Map 19533 and CUP 14-10 1. Drainap_e and Flood Control a) The preliminary drainage study prepared by Encompass Associates, Inc. was submitted and on March 19 2014 and is currently under review. The drainage study shall be o approved prior to grading plan issuance. Any drainage improvements needed to mitigate downstream impacts or protect the development shall be designed and constructed at the o. developer's expense. U 06 b) The development is located within Zone X on the Federal Insurance Rate Maps map M LO number 06071C8682H with map revision 08/28/08. a C) All drainage from the development shall be directed to an approved public drainage 2 facility. If not feasible, proper drainage facilities and easements shall be provided to the z satisfaction of the City Engineer. a a� d) The project site drainage shall be outletted onto the public street, and shall be conveyed through a parkway culvert constructed in accordance with City Standard No. 400. 2 Conveyance of site drainage over the Driveway approaches will not be permitted. i CO e) A Preliminary Full-Categorical Water Quality Management Plan (WQMP) has been M submitted and has been accepted for this project. The drainage study and the final r WQMP shall be approved including the WQMP Maintenance Agreement prior to grading a permit. The applicant is directed to the City's web page at www.sbcity org—Departments — Public Works — Engineering — Storm Water Requirements for templates to use in the r preparation of this plan. U d f) The detention basin shall be designed in accordance with "Detention Basin Design Y Criteria for San Bernardino County and Hydrology Manual." The basin design shall not exceed slopes greater than 4:1. A depth of 3 feet or greater shall be fenced, chain link E fencing is not acceptable. A pump shall be installed to drain the detention basin to a prevent standing water within the detention basin. Retention basins are not acceptable. ¢ c g) A Storm Water Pollution Prevention Plan (SWPPP) will be required to be accepted prior to any permit issuance. The SWPPP shall be submitted and accepted by the City and approved through the California SMARTS electronic filing system. The applicant shall Q provide the Notice of Intent (NOI) and WDID number from the State prior to grading permit. The applicant is directed to the City's web page at www.sbcity.org — Departments - Public Works — Engineering — Engineering Development Resources for templates to use in the preparation of this plan. h) The Director of Community Development, prior to grading plan approval, shall approve an Erosion Control Plan. The 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 proposed to be immediately built upon. Packet Pg. 1551 Project:VAL 9#76-unit Apartment Complex Case No.Parcel Map 19533 and DP-P-14-03 Page 2 of 6 i) The parcel located to the north of the project site shall be fully stabilized with hydoseed and shall be irrigated to prevent soil erosion. The site shall have perimeter control until the hydroseed has bonded. 2. Grading and Landscaping a) The grading and on-site improvement plans shall be signed by a Registered Civil Engineer. The grading plan is required to be approved prior to building permit issuance c and the improvement plan is required to be approved prior to occupancy. The grading plan shall be prepared in strict accordance with the City's "Grading Policies and a Procedures" and the City's "Standard Drawings", unless otherwise approved by the v Director of Community Development. 06 M M b) The applicant must post a grading bond prior to issuance of a grading permit. The rn amount of the bond is to be determined by the Director of Community Development. a C) If the grading plan indicates export or import,the source of the import material or the site d for the deposition of the export shall be noted on the grading plan. Permit numbers shall be noted if the source or destination is in the City of San Bernardino. d) If more than 50 cubic yards of earth is to be hauled on City Streets then a special hauling c permit 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 00 required by the City Engineer. M e) The project site is located within a high susceptibility for liquefaction. The following are o mitigation measures are required for the site: a Item la: The licensed geotechnical consultant shall review the final grading and o foundation plans to finalize the geotechnical recommendations prior to issuance of a 0) Grading Permit. Said recommendations shall be incorporated into the plans for the a project as notes and specifications, which shall be verified during plan check by the City of San Bernardino Engineering and Building Department. L V Item lb: Ongoing during rough grading, areas of active grading shall be tested and a field monitored by a qualified geotechnical consultant pursuant to the final Y 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 s Inspector. Y Q Item lc: To minimize post-construction soil movement and to maintain the seismic induced settlement within tolerable limits, it is recommended that at least five feet below the base of the footings and the slab system be excavated; moisture conditioned as necessary, and re-compacted to a minimum of 90 percent of maximum density based on ASTM D1557 Test Method. Item Id: A representative of the geotechnical engineering firm will be present during all site clearing and grading operations to test and observe earthwork construction. The S:\PLANNINGITC.Staff Rcpoils'.2014\01.21 14'IFFM and CIT14-10 Val 9`1-and Develo , Packet Pg. 1552 Project:VAL 9#76-unit Apartment Complex Case No.Parcel Mgp 19533 and DP-P-14-03 Page 3 of 6 geotechnical engineer will reject any material that does not meet compaction and stability requirements. Item le: Prior to issuance of permits, project plans shall include the geotechnical engineer's recommended treatment of fill material as a note such as the impacted 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 and any native materials deemed geo-technically unsuitable for support of structures and fill. Item If. To minimize the potential soil movement, the upper 18 inches of soil within 4 building or exterior flatwork areas should be non-expansive fill. The fill material should a. be a well-graded silty sand or sandy silt soil. A clean sand or very sandy soil is not 0 acceptable for this purpose. Ln Item Ig: The replacement soils should extend 5 feet beyond the perimeter of the building. The non-expansive replacement soil should be compacted to at least 90 percent CU relative compaction 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 Q. minimize cracking and vertical offset. Item 1h: Prior to the placement of non-expansive engineered fill, the exposed subgrade Q) in building pad, exterior flatwork, and pavement areas shall be scarified to a depth of co 12 inches, worked until uniform and free from large clods, moisture conditioned to at least 2 percent above optimum moisture, and re-compacted to a minimum of 90 percent of maximum density based on ASTM D1557 Test Method. Oversaturated soils shall be 0 0- allowed to dry to approximately 2 percent above optimum moisture before re- compaction. f) Continuous concrete curbing at least 6 inches high and 6 inches wide shall be provided at cn U least 3 feet from any wall, fence, property line, walkway, or structure where parking a. N and/or drive aisles are located adjacent thereto. Curbing may be left out at structure access points. The space between the curb and wall, fence, property line, walkway or E structure shall be landscaped, except as allowed by the Development Review Committee. g) The refuse enclosure(s) must be constructed in accordance with City Standard Drawing No. 508. The minimum size of the refuse enclosure shall be 8 feet x 15 feet. The number C a) and placement of refuse enclosures shall conform to the location and number shown on E the site plan as approved by the Development Environmental Review Committee. h) The on-site improvement plan shall include details of the on-site lighting, including light location type of light fixture and poles, foundation design with structural calculations. A Photometric plot shall be provided which shows that the proposed on-site lighting design will provide the following: I foot-candle of illumination uniformly distributed over the surface of the parking 0 lot during hours of operation, and S:TLANNINGTC StatTRepk)iis\,2014'�O�.21.14'\'FTlvI and CLIP 1440 Val 9\1and Development final.dm Packet Pg. 1553 6.D.d Project:VAL 9#76-unit Apartment Complex Case No.Parcel Map 19533 and DP-P-14-03 Page 4 of 6 • 0.25 foot-candles security lighting during all other hours. i) The design of on-site improvements shall also comply with all requirements of The California Building Code, Title 24, relating to accessible parking and accessibility, including retrofitting of existing building access points for accessibility, if applicable. j) An accessible path of travel shall be provided from the public way to the building entrances. All pathways shall be concrete paved and shall provide a minimum clear width of 4 feet. Where parking overhangs the pathway, the minimum paved width shall o be 6.5 feet. 4 a k) The project Landscape Plan shall be reviewed and approved by the Director of v Community Development prior to issuance of a grading permit. Submit 5 copies to the 06 Land Development Division for Checking. Ln 1) Prior to occupancy of any building, the developer shall post a bond to guarantee the a maintenance and survival of project landscaping for a period of one year. m) All electrical transformers located outdoors on the site, shall be screened from view with a solid wall or landscaping and shall not be located in any setback/right-of-way area. If the transformer cannot be screened, it shall be located in an underground vault unless approved by the City Engineer pursuant to Section 19.30.110. a� n) An easement and covenant shall be executed on behalf of the City to allow the City to CO enter and maintain any required landscaping in case of owner neglect. Upon request, the M Real Property Section will prepare documents for execution by the property owner. The documents shall ensure that, if the property owner or subsequent owner(s) fail to properly a maintain the landscaping, the City will be able to file appropriate liens against the L property in order to accomplish the required landscape maintenance. A document- cu processing fee in the amount established by ordinance shall be paid to the Real Property y Section to cover processing costs. The property owner, prior to plan approval, shall a. execute this easement and covenant unless otherwise allowed by the City Engineer. (N a� 3. Utilities U S4 a) Design and construct all public utilities to serve the site in accordance with City Code, Q City Standards and requirements of the serving utility, including gas, electric, telephone, water, sewer and cable TV. E t b) This project is located in the sewer service area maintained by the City of San Bernardino 2 therefore, any necessary sewer main extension shall be designed and constructed in a accordance with the City's "Sewer Policy and Procedures" and City Standard Drawings. C) Utility services shall be placed underground and easements provided as required. d) A street cut permit, from the City Engineer, will be required for utility cuts into existing streets. S:`.PLANNINC\PC Staff Reports\2014\05.21.14\TTM and CUP14-10 Val 9\Land Development ffnal.doc Packet Pg. 1554 6.D.d Project:VAL 9#76-unit Apartment Complex Case No.Parcel Map 19533 and DP-P-14-03 .�, Page 5 of 6 e) All existing overhead utilities adjacent the project site on 9th Street shall be placed underground. The above ground utilities traversing the westerly side of the project site shall also be placed underground in accordance with Section 19.20.030 of the Development Code. f) Existing Utilities which interfere with new construction shall be relocated at the Developer's expense as directed by the City Engineer. 4. Mapping o T a) A Parcel Map based upon field survey will be required. (L b) If the required improvements are not proposed to be completed prior to recordation of the Parcel Map, a deferred improvement agreement in accordance with Section 19.30160 of M the Development Code will be required. If the agreement is approved, an improvement LO k certificate shall be placed on the Parcel Map, stating that the required improvements will cu be completed upon development. C) Additional survey and map information including, but not limited to, building setbacks, flooding and zones, seismic lines and setbacks, geologic mapping and easements. 5. Street Improvement and Dedications 2 c a� a) For the streets listed below, dedication of adequate street right-of-way (R.W.) to provide CO g the distance from street centerline to property line and placement of the curb line (C.L.) N in relation to the street centerline shall be as follows: 0 Q. Street Name Right of Way(ft.) Curb Line(ft) Q �a Y cn 9th Street 44-feet 32-feet a. N Y (D Valencia Avenue 25-feet 18-feet E Y Y b) Construct 8" Curb and Gutter per City Standard No. 200 along the frontage of the project ct site on Valencia Avenue. Widen pavement adjacent to the site to match new curb and a gutter. Construct approach and departure transitions for traffic safety and drainage as E approved by the City Engineer. Y Y C) Construct sidewalk adjacent to the project site on Valencia Avenue and 9th Street in accordance with City Standard No. 202; Case "A" (6' wide adjacent to curb). d) If the existing curb & gutter adjacent to the project site on 9th Street is in poor condition, the broken curb & gutter shall be removed and reconstructed to City Standards. Curb & Gutter shall conform to Standard No. 200, Type `B", unless otherwise approved by the City Engineer. S:PLANNINGPC Staff Reports'•2014',,o�.21.14'k'CIM and CUP14-10 Val 9\Land Development tinal.doc Packet Pg. 1555 6.D.d Project:VAL 9#76-unit Apartment Complex Case No.Parcel Map 19533 and DP-P-14-03 Page 6 of 6 e) At all curb returns within and adjacent to the project site, construct accessible curb ramps in accordance with Public Works Construction Standards to comply with current ADA accessibility requirements. f) Radius type Driveway Approaches are proposed for this project in lieu of the standard drive approaches, therefore, the throat of the driveway shall be paved in colored textured concrete. g) The Curb return at the intersection of Valencia Avenue and 9th Street shall be constructed c with a 35-foot radius and the full street width of the cross gutter shall be removed and v replaced to the joint of the spandrel. a. h) The pavement on Valencia Avenue shall be rehabilitated with a 2" grind and overlay 06 along the frontage of the project site to the centerline of the street. M LO i) The pavement on 9th Street shall have all the potholes filled and a slurry coat shall be a placed along the frontage of the project site to centerline of the street and restriped accordingly to cover all utility trenching that will be required. j) Install City Street Lights adjacent to the project site on Valencia Avenue and 91h Street in - accordance with City Standard Nos. SL-1 and SL-2. Also, a separate light with the meter pedestals plan shall be submitted in accordance with the City of San Bernardino Street Lighting Design Policies. (D E 00 6. Required Engineerin Permits N g a) Grading permit. o a CD b) On-site improvements construction permit (except buildings - see Development Services- Building Division), including landscaping and Erosion Control Plan. N U C) Off-site improvement construction permit. °N- Y 7. Traffic Requirements E a) All traffic mitigation measures shall be implemented per the approved Traffic Study. y Q C d E _ c� Y Y Q S:`PLANNIN PC Sta£f Ropoits�2014%0j.21 I4:C'1 M and CLP14-10 Val 91.and Development final.doe Packet Pg. 1556 CITY OF SAN BERNARDINO ' CONEVWNITY DEVELOPMENT DEPARTMENT AGENDA DEVELOPMENT AND ENVIRONMENTAL REVIEW CONBUTTEE The City of San Bernardino recognizes its obligation to provide equal access to public services to those individuals with disabilities. Please contact the Director of Facilities Management(384-5244)48 hours prior to the meeting with any requests for reasonable accommodations, to include hand sign interpreters for the hearing impaired. o T11 The Development and Environmental Review Committee (D/ERC) is a City staff committee responsible for technical review of projects. The committee is made up of representatives from the Police Department; Fire Department; Water Department; the Public Works Department; and the Land Development, Building & Safety, and Planning Divisions of the Community Development Department. Applicants and their M representatives should attend the meeting to clarify issues and receive input from City Departments and other reviewing agencies. a All approvals given by the D/ERC are final action unless an appeal is filed and fee paid within 15 days to the a� Community Development Department. L a MEETING DATE: Thursday,May 1,2014 MEETING LOCATION: Fourth Floor Conference Room, City Hall 300 North"D" Streets, San Bernardino,California 92418 MEETING TIME: 10:00 a.m. 00 N M CALL TO ORDER ROLL CALL o PUBLIC COMMENTS NEW BUSINESS: n U a. N 1. TENTATIVE PARCEL MAP 19533 SUBDIVISION 14-08 AND DEVELOPMENT r PERMIT—P 14-03 — A request to subdivide a 4.66-acre parcel to create 2 parcels and construct a E 76-unit multi-family housing project in two buildings with on-site amenities including a 2,200-suare foot clubhouse community building and a 1,000-square foot laundry/maintenance facility. A density a bonus up to 35% and regulatory concessions for reduction in multi-family development standards relating to off-street parking and private open space requirements are also being requested. The project site is located at the northeast corner of 9th Street and Valencia Avenue, in the Residential Urban(RU)zone. a Environmental Determination: Exempt from CEQA -Section 15332—Infill Development Owner:' Grand Council Enterprises Inc. Applicant: National Community Renaissance of California APN: 0147-191-12 Ward: I Status: New Item Recommendation: Move to Planning Commission Planner: Aron Liang 1 of 2 Packet Pg. 1557 2. DEVELOPMENT PERMIT-D 14-13 —A City-initiated proposal to establish a 2.5-acre mini park with parking and on-site amenities, including a skate park, an outdoor fitness station center, and. picnic tables. The project site is located at the northwest comer of E and 9th Streets, in the Commercial General (CG-1)zone. Environmental Determination: Exempt from CEQA—Section 15332—Infill Development Owner/Applicant: San Bernardino Valley Municipal Water District APN: Various Parcels Ward: 2 4 Status: New Item Recommendation: Approval 0 Planner: Aron Liang M M LO d'1 r **** ** Q. iC ADJOURNMENT That the Development and Environmental Review Committee be adjourned to the next regular meeting scheduled for Thursday, May 17, 2014, at 10:00 a.m. in the Fourth Floor Conference Room of City Hall, a 300 North"D"Street, and San Bernardino, California. co Y Y F.. to N M t O Q d L R! Y N U a N Y dd C U Y Y Q r C d E V fC Y Y Q 2of2 Packet Pg. 1558 CITY OF SAN BERNARDINO FIRE DEPARTMENT STANDARD REQUIRMENTS Case:DP 14-13 Date:4-29-14 PROJECT SITE: 1E STREET/9TH Reviewed By:SP GENERAL REQUIREMENTS: ® Provide one additional set of construction plans to Building and Safety for Fire Department use at time of plan check. ® Contact the City of San Bernardino Fire Department at(909) 384-5855 forspecific detailed requirements. The developer shall provide for adequate fire flow. Minimum fire flow requirements shall be based on square c footage,construction features,and exposure information supplied by the developer and must be available prior to placing combustible materials on site. o- D WATER PURVEYOR FOR FIRE PROTECTION: U The fire protection water service for the area of this project is provided by: M M LO ® San Bernardino Municipal Water Department- Engineering(909) 384-5391 ® East Valley Water District-Engineering(909) 888-8966 ® Other Water purveyor: Phone: m U PUBLIC FIRE PROTECTION FACILITIES: a Public fire hydrants are required along streets at intervals not to exceed 300 feet for the commercial an multi-residential areas and at intervals not to exceed 500 feet for residential areas. w 0 Fire hydrant minimum flow rates of 1,500 gpm at a 20 psi minimum residual pressure are required for CD commercial and multi-residential areas. Minimum fore hydrant flow rates of 1,000 gpm at a 20 psi minimum I- residual are required for residential areas. co wa Fire hydrant type and specific location shall be jointly determined by the City of San Bernardino Fire M Department in conjunction with the water purveyor. Fire hydrant materials and installation shall confirm to the standards and specifications of the water purveyor. Q Public fire hydrants,fire services, and public water facilities necessary to meet Fire Department requirements are the developer's financial responsibility and shall be installed by the water purveyor or by the developer at v the water purveyor's discretion. Contact the water purveyor indicated above for additional information. n L) ACCESS: N Provide two separate, dedicated routes of ingress/engress to the property entrance . The routes shall be = paved,all weather. 13 Provide an access road to each building for fire apparatus. Access roadway shall have an all-weather driving surface of or less than 20 feet of unobstructed width. a 0 Extend roadway to within 150 feet of all portions of the exterior wall of al single story buildings. r c Extend roadway to within 50 feet of the exterior wall of all multiple-story buildings. 13 Provide"NO PARKING" signs whenever parking of vehicles would possibly reduce the clearance of access u roadways to less than the required width. Signs are to read "FIRE LANE-NO PARKING-M.C.Sec 15.16". a Dead-end streets shall not exceed 500 feet in length and shall have a minimum 40 foot radius turnaround. ® The names of any new streets(public or private)shall be submitted to the Fire Department for approval. SITE: 13 All access roads and streets are to be constructed and usable prior to combustible construction. El Private fire hydrants shall be installed to protect each building located more than 150 feet from the curb line. No fire hydrants should be within 40 feet of any exterior wall. The hydrants shall be Wet Barrel type,with one 1 1/2 inch and 4 inch outlet,and approved by the Fire Department. Areas adjacent to fire hydrants shall be designated as a "NO PARKING" zone by painting an 8 inch wide, red stripe for 15 feet in each direction in front of the hydrant in such a manner that it will not be blocked by parking vehicles. Lettering to be in white 6" by 1/2". Packet Pg. 1559 BUILDING: IR Address numerals shall be installed on the building at the front or other approved location in such a manner as to be visible from the frontage street. Commercial and multi family address numerals shall be 6 inches tall,sin- gle family address numerals shall be 4 inches tall. The color of the numerals shall contrast with the color of the background. ® Identify each gas and electric meter with the number of the unit it serves. 0 Fire extinguishers must be installed prior to the building being occupied. The minimum rating for any fire extinguisher is 2A 106/C. Minimum distribution of fire extinguishers must be such that no interior part of the building is over 75 feet travel distance from a fire extinguisher. ® Apartment houses with 16 or more units, hotels(motels)with 20 or more units, or apartments or hotels (motels)three stories or more in height shall be equipped with automatic fire sprinklers designed to NFPA 0 standards. v ® All buildings,over 5,000 square feet, shall be equipped with an automatic fire sprinkler system designed to NFPA standards. This includes existing buildings vacant over 365 days. D ® Submit plans for the fire protection to the Fire Department prior to beginning construction of the system. Permit required. M ® Tenant improvements in all sprinklered buildings are to be approved by the Fire Department prior to start of a construction. Permit required. a M 13 Provide fire alarm (required throughout). Plans must be approved by the Fire Department prior to start of 2 installation. Permits required. d L ® Fire Department connection to sprinkler system/standpipe system, shall be required at Fire Department CL approved location. ® Fire Code Permit required, at 200 E. 3rd Street(909)384-5388. o ® Fire Sprinkler monitoring required. Plans must be approved by the Fire Department prior to the start of construction. Permit required. 00 Occupant load. N Notes:The applicant must request, in writing, any changes to Fire Department requirements. °a d L ADDITIONAL INFORMATION: N U CL N r C d E .0 V R r Q f. C d >_ V a Packet Pg. 1560 CITY OF SAN BERNARDINO FIRE DEPARTMENT STANDARD REQUIRMENTS Case:P14-03 Date:4-29-14 Reviewed By:SP PROJECT SITE: 9THNALENCIA GENERAL REQUIREMENTS: Provide one additional set of construction plans to Building and Safety for Fire Department use at time of plan check. 13 Contact the City of San Bernardino Fire Department at(909) 384-5855 for specific detailed requirements. 0 The developer shall provide for adequate fire flow. Minimum fire flow requirements shall be based on square o footage,construction features,and exposure information supplied by the developer and must be available rp for to placing combustible materials on site. a WATER PURVEYOR FOR FIRE PROTECTION: v E3 The fire protection water service for the area of this project is provided by: M ® San Bernardino Municipal Water Department- Engineering(909)384-5391 c 13 East Valley Water District- Engineering(909)888-8966 ® Other Water purveyor: Phone: a� L PUBLIC FIRE PROTECTION FACILITIES: a 0 Public fire hydrants are required along streets at intervals not to exceed 300 feet for the commercial an multi-residential areas and at intervals not to exceed 500 feet for residential areas. CU Y 0 Fire hydrant minimum flow rates of 1,500 gpm at a 20 psi minimum residual pressure are required for Q commercial and multi-residential areas. Minimum fore hydrant flow rates of 1,000 gpm at a 20 psi minimum co residual are required for residential areas. W Fire hydrant type and specific location shall be jointly determined by the City of San Bernardino Fire M Department in conjunction with the water purveyor. Fire hydrant materials and installation shall confirm to the standards and specifications of the water purveyor. Q 0 Public fire hydrants, fire services,and public water facilities necessary to meet Fire Department requirements L are the developer's financial responsibility and shall be installed by the water purveyor or by the developer at c the water purveyor's discretion. Contact the water purveyor indicated above for additional information. cn U 0. ACCESS: N 0 Provide two separate,dedicated routes of ingress/engress to the property entrance . The routes shall be paved,all weather. E 0 Provide an access road to each building for fire apparatus. Access roadway shall have an all-weather driving surface of or less than 20 feet of unobstructed width. Q 0 Extend roadway to within 150 feet of all portions of the exterior wall of al single story buildings. 0 Extend roadway to within 50 feet of the exterior wall of all multiple-story buildings. E 0 Provide"NO PARKING" signs whenever parking of vehicles would possibly reduce the clearance of access roadways to less than the required width. Signs are to read "FIRE LANE-NO PARKING -M.C.Sec 15.16". Q 0 Dead-end streets shall not exceed 500 feet in length and shall have'a minimum 40 foot radius turnaround. ® The names of any new streets(public or private)shall be submitted to the Fire Department for approval. SITE: 0 All access roads and streets are to be constructed and usable prior to combustible construction. . 0 Private fire hydrants shall be installed to protect each building located more than 150 feet from the curb line. No fire hydrants should be within 40 feet of any exterior wall. The hydrants shall be Wet Barrel type,with one 2 1/2 inch and 4 inch outlet, and approved by the Fire Department. Areas adjacent to fire hydrants shall be designated as a NO PARKING zone by painting an 8 inch wide, red stripe for 15 feet in each direction in front of the hydrant in such a manner that it will not be blocked by parking vehicles. Lettering to be in white 6" by 1/2". Packet Pg. 1561 BUILDING: Address numerals shall be installed on the building at the front or other approved location in such a manner as to be visible from the frontage street. Commercial and multi family address numerals shall be 6 inches tall,sin- gle family address numerals shall be 4 inches tall. The color of the numerals shall contrast with the color of the background. Q Identify each gas and electric meter with the number of the unit it serves. Fire extinguishers must be installed prior to the building being occupied. The minimum rating for any fire extinguisher is 2A 10B/C. Minimum distribution of fire extinguishers must be such that no interior part of the building is over 75 feet travel distance from a fire extinguisher. Apartment houses with 16 or more units, hotels(motels)with 20 or more units, or apartments or hotels (motels)three stories or more in height shall be equipped with automaticf ire sprinklers,designed to NFPA standards. ° All buildings,over 5,000 square feet,shall be equipped with an automaticfire sprinkler system designed to NFPA standards. This includes existing buildings vacant over 365 days. Submit plans for the fire protection to the Fire Department prior to beginning construction of the system. v Permit required. M LO ® Tenant improvements in all sprinklered buildings are to be approved by the Fire Department prior to start of construction. Permit required. Q, D Provide fire alarm(required throughout). Plans must be approved by the Fire Department prior to start of c� installation. Permits required. 0 Fire Department connection to sprinkler system/standpipe system,shall be required at Fire Department a approved location. ® Fire Code Permit required, at 200 E.3rd Street(909) 384-5388. ,� *+��►i S Fire Sprinkler monitoring required. Plans must be approved by the Fire Department prior to the start of construction. Permit required. 00 Occupant load. N M t Notes:The applicant must request, in writing, any changes to Fire Department requirements, o a a� ADDITIONAL INFORMATION: 1. FIRE SPRINKLERS ARE REQUIRED.ALL PLANS SHALL BE APPROVED PRIOR TO CONSTRUCTION. a N 2. KNOX BOX IS REQUIRED. CONTACT 909-384-5388 FOR INFORMATION. E 3. Smoke detectors and carbon dioxide detectors shall be installed in per the CBC requirements. m Q 4. All exit windows that serve as emergency egress windows shall comply with the CBC. W E v Q Packet,Pg. 1562 Y! I A 0 N J, to M i Together, we transform lives and communities 4 a U 06 LO M M MANAGEMENT PLAN CL CU Property Name: Valencia Gardens v ca Property Location: 9`h and Valencia, San Bernardino,Ca a m Plan prepared by: National Community Renaissance of California CD Corporate Address: 9421 Haven Avenue,Rancho Cucamonga,CA 91730 co N M STATEMENT OF MANAGEMENT POLICY 0 a This Plan is made on the 1 st day of The goal of National CORE is to ensure Resident satisfaction, and the long-term financial and physical well being of the Property through the provision of high quality management services. Toward this end,this plan has been developed to set forth N the relationship among the City,County,the Owner,and Property Management and describes in detail the a policies,procedures and requirements to be followed in the management of the property. N Y Specifically,the plan intends to outline a definite program of action to assure: E U f0 1. A well-managed and properly maintained apartment community; Q 2. Pleasant,health,and secure living environment for the residents; .: 3. Cooperating relationship among the residents, the Owner's employees, and members of the surrounding community. _ Unless otherwise stated in the plan, the term "County" will refer to the County of San Bernardino. The Q term"City"will refer to the City of San Bernardino. The terms "Owner"will refer to XXXXXXXXX. or its assignee. "Property Management" will refer to National Community Renaissance of California (National CORE). The term property will refer to the"Valencia Gardens". www.nationalcore.org Page 1 of 19 Packet Pg. 1563 I. MANAGEMENT a. Role and responsibility of the Owner and/or delegation of authority to its Property Management i. It shall be the responsibility of the Owner to establish the general policies under which the property will operate. Property Management, based on previous experience with effective management practice, shall provide advice and recommendations in this regard. Such policies shall include, but are not limited to: resident selection criteria and priority guidelines, eviction policies, house rules,security and emergency services,and allocation of parking spaces. 0. Once the Owner has established the policies, the Owner shall delegate authority U to Property Management to implement the policies. Property Management will, ors by means of periodic budgets, financial statements, and status reports, advise the M LO Owner and then in turn the Owner will inform the City on the operation of the Property. In addition, the following procedures shall be followed to ensure effective day-to-day operation and cooperation between the County,the City,the Owner, and Property Management: W L 1. Day-to-day operation of the property will be under the direct supervision a. of the Resident Manager who will report to the Property Supervisor of Property Management. c d 2. A senior management person shall be the Property Management's representative reporting to the Owner. co M 3. The Owner shall appoint a representative(liaison)to represent the Owner in regular communications with Property Management. The Owner's Q representative will be responsible to communicate with and receive communications from the City regarding the property. 4. There will be regular meeting times between the Owner and Property a Management for the purpose of reviewing policies, management N procedures, resident relations, and budget control. Should it become necessary to update this plan, Property Management and Owner shall E submit proposed changes to all regulatory agencies from which approval is required. Q u 5. At no time shall the Owner or its representative issue instructions to any on-site personnel. City concerns and suggestions shall be communicated E to the Owner and then to Property Management who shall issue w instructions to the Resident Manager. Q As described in the Management Agreement, the Annual Operating Budget for the Property will be prepared by Property Management and approved in writing by the Owner. A copy of the Annual Operating Budget shall be forwarded to the Owner for approval at least forty-five (45) days prior to the beginning of the Property's calendar year. (This allows the Owner adequate review time before the disbursement of the Annual Increment Pledge in the first quarter of the new calendar year). In the event that items need to be purchased that either were not www.nationalcore.org Page 2 of 19 Packet Pg. 1564 6.D.d budgeted, or that would bring the property over budget, Property Management will promptly inform the Owner, who will review and make the decisions on such additional purchases. In the event that Property Management must arrange for emergency repairs involving manifest danger to persons or property, or make payments required to avoid suspension of any necessary service to the Property,Property Management will take such action as it deems necessary to temporarily correct the event and will inform the Owner of the facts as promptly as possible, but not more than twelve(12)hours after event. T 4 T ii. Property Management and Owner shall enter into a Management Agreement n. which will provide detailed responsibilities which Property Management and U Owner will assume. These responsibilities shall be clearly assigned and its described, and should not overlap. The Property Management Agreement will LO also provide the fee structure showing the amount the Property will be charge for Property Management services. a b. Personnel policy and staffing arrangements L Once the personnel and staffing requirements have been established by the Owner and CL Property Management, Property Management shall hire, train, and supervise all personnel,including independent contractors. C (D i. The anticipated staffing pattern will be as follows: Co 1. One full-time Resident Manager and/or designee,living on-site. M 2. One full-time maintenance person, for janitorial, grounds cleaning, °Q maintenance and routine repair of buildings and grounds. The Resident Manager and/or designee will report to a Regional Property w Manager who,in turn,reports to the Sr.Vice President of Property Management. a N Support staff in the Owner's office,also involved in management of the property, C (D include clerical and accounting personnel whose responsibilities are to assist in E administrative functions and in the preparation of financial reports. Specific responsibilities for all property personnel are detailed in the job Q C descriptions. 01 E ii. Hiring Policies Y Q 1. All hiring of on-site personnel shall conform to Equal Employment Opportunity guidelines without regard to race, religion, color, national origin,or sex. 2. Special efforts will be made to provide information regarding job openings to minority candidates and contractors through outreach to community organizations, bulletin boards, newspapers and other www.nationalcore.org Page 3 of 19 Packet Pg. 1565 communication media. All hiring materials will indicate that the property is an"Equal Opportunity Employer." 3. The minimum qualifications for each position are detailed in the job descriptions. iii. Owner believes in hiring personnel with previous experience in their particular field.Nevertheless all personnel will receive training specific to Owner's policies and procedures.This training will consist of the following: 0 T 1. One-to-one counseling and supervision on the part of the Property Supervisor of the property. U 2. Understanding written guidelines,manuals,and materials. 06 M M LO 3. Periodic attendance at special training workshops sponsored by various property management associations for the purpose of updating and Q. renewing work-related skills. 4. Property Management will give priority to members of the community in L the hiring of all personnel, and will make available all pertinent a information such as qualifications, enumeration, application procedures, etc.to the Owner. c m lo"""" 5. As indicated in the Management Agreement, all on-site personnel shall be employees of the Owner. co M 6. Employment grievances, termination of employment, and promotions t shall be conducted according to the Owner's personnel policies and a procedures that conform to equal opportunity. (D c. Plan for maintaining adequate accounting records and handling necessary forms and N vouchers a N w i. Financial accounting, reports and records shall conform to standard accrual basis accounting procedures, and be responsive to the guidelines provided by the E regulatory agencies connected with the Property. Accordingly, the On-site staff and the Owner's accounting department will a maintain accurate files of all resident transactions,revenue, and expenditures and prepare the following monthly reports for the Owner's review: s U fSt 1. Cash status report and financial summary Q 2. Monthly and year-to-date budget comparisons 3. List of disbursements and accounts payable 4. Vacancy report www.nationalcore.org Page 4 of 19 Packet Pg. 1566 6.D.d ii. Bills will be paid and accounts will be funded pursuant to the requirements of the Property's Regulatory Agreement. Specifically: 1. Purchases up to one thousand dollars ($1,000.00) shall be pre-approved by the on-site Resident Manager. Purchases over one thousand dollars ($1,000.00) shall be pre-approved by the Property Management Supervisor. Purchases over two thousand five hundred dollars ($2,500.00) and all non-budgeted expenditures shall be pre-approved by the Owner's representative. 0 2. A purchase order must be issued before any services are rendered or product is ordered. Checks will be processed semi-monthly for payment a of approved payables. v 06 3. The following separate accounts shall be established: M 0) a. General Operating Account into which rental and other Q, miscellaneous income will be deposited and from which the Property's operating expenses will be paid; L b. Operating Reserve Account to be funded initially by the Owner a in an amount greater of at least three (3) months of total annual > operating expenses or required by financial partners. Subsequent a monthly deposits to this account shall be made from the operating account in amounts as specified in the initial year operating budget and subsequent approved annual operating budgets up to a maximum account balance equal to ten percent (10%) of the operating budget. Funds may be transferred from this account only to cover actual operating expenses in excess of 0 CL the approved budget amount, or to compensate for vacancy and bad debt losses in the approved budget amount. c. Replacement Reserve Account to be funded through regular a contributions from the general operating account as provided by N r the budget, based on a capital improvements schedule of anticipated useful life and replacement needs for major items; E �a d. Security Deposit Account to be funded by the residents' security Q deposits. Policies and procedures for administering this account are noted in Section(I)(c)(ii)(3)(f); e. Debt Service to be funded through regular allocations from the general operating account as provided by the budget based on Q scheduled property operating revenues,tax credit income,Owner distributions and loan payment requirements (see Section (I)(c)(iii)(5)). f. The Operating Reserve, Replacement Reserve, Security Deposit Account and the Debt Service Reserve balances may be maintained in one bank account,with separate Reserve liabilities accounted for in the general ledger. www.nationalcore.org Page 5 of 19 Packet Pg. 1567 iii. National CORE maintains a computerized General Ledger program, which shall be regularly updated to meet the accounting and reporting needs of the Property and to produce a quality audit trail. 1. Careful monthly monitoring shall allow for cost control, prompt identification of potential problems and sufficient lead-time to develop plans to meet property needs. 2. Budget variances greater than ten percent (10%) per line item shall be reviewed by Property Management with the Owner and appropriate actions shall be taken to ensure that monthly cash flow is sufficient to a meet the Property's operating expenses and deposits to the reserve v accounts noted above. 06 M M LO 07 r 3. Procurement of contract services c. c� a. At least three competitive bids will be sought for contract CD services over ten thousand dollars ($10,000.00) such as L_ landscape maintenance and services related to periodic capital a improvements(exterior painting,roofing,etc.). Y b. The Resident Manager shall prepare with the aid of the property supervisor such bid specifications and supervise the bid proposals and acceptance procedures. co M_ 4. In the event that items need to be purchased that either were not budgeted, or that would bring the Property over budget, Property °Q Management will promptly inform the Owner, who will review and CD make decisions on such additional purchases. 5. Property Management shall work with the Owner to develop a schedule a of property revenues from operating income to be used for Owner N Y distributions and loan payment requirements. E 6. Property Management shall supervise and confirm that the Property's files and records are maintained in good order. The Owner may schedule ac an inspection of the records during regular scheduled business hours upon giving in writing five (5) business days advance notice of its E inspection. M iv. In order to ensure strict compliance with the requirements noted in Section a (I)(c)(iii)(6), Property Management will systematically review all pertinent Regulatory Agreements and establish a manual of instructions, schedules and tickler files indicating relevant deadlines,reporting formats,etc. This manual will be distributed to all bookkeeping and accounting personnel on the Owner's staff, and to any accounting firms hired to provide audits or other reports for the Property. www.nationalcore.org Page 6 of 19 Packet Pg. 1568 pI 1 v. Vacancies and rent losses will be noted and recorded on the balance sheet summarizing monthly financial activities for the Property. Such losses can also be identified from the monthly variance reports indicating budgeted versus actual rental income(see Section(I)(c)(i)). vi. Security Deposits 1. Residents shall be required to make a refundable security deposit in accordance with applicable state and local laws. The deposit shall be equal to no more than one month of the resident's share of the rent, unless Property Management approves an alternative. The full deposit is to be paid at move-in. The security deposits shall be held in a trust a- account (as part of the aggregate reserves account) with a depository v insured by an agency of the Federal Government or a comparable 06 Cn Federal Deposit Insurance Program. The balance of this account shall at CO all times equal or exceed the aggregate of all outstanding deposits. o r CL CO 2. Security deposit shall be retained in the account until termination of tenancy. When a unit has been vacated, the manager will perform a v move-out inspection to determine any damages, in their sole discretion, to be corrected or cleaning necessary over and above normal wear and a. tear,which shall be charged against the security deposit. A resident may, a but will not be required to, participate in this inspection. The move-out inspection form will be compared to the move-in inspection form to determine the extent of resident caused damages. CO co 3. Within twenty one (21) days from the date of move-out, a security M deposit refund form will be completed,indicating: i O CL a. Security deposit on hand; b. Amount of rent or unpaid charges owing as of the date of the w move-out; N c. Amount of damage or cleaning charges to be assessed. An itemized list of work and actual costs will be attached to the E forms for repair, cleaning, or replacement of items above normal wear and tear. Q The balance, if any, of the security deposit and interest after deductions d for outstanding rent, charges, cleaning and damages will be refunded to E the resident with this form and itemization of costs. a 4. As part of the resident orientation interviews, residents shall receive an explanation of the use of security deposits, and shall sign a security deposit agreement. www.nationalcore.org Page 7 of 19 Packet Pg. 1569 Y vii. Other reports Property Management shall comply with the requirements and intent of this Agreement and shall supervise the Resident Manager in providing the Owner with additional reports as deemed reasonable and necessary by either party to monitor the Property. Property Management shall also supervise the Resident Manager in preparing and providing reports required by any other regulatory agencies and funding sources as outlined in the regulatory agreements with those entities. 0 r d. Provisions for periodic update of Management Plan d CL Property Management and Owner shall review this plan on an annual basis. Should it become necessary to update the plan, Property Management and Owner shall submit the xs proposed changes to the Owner and to any other regulatory agencies from which approval is required. Approval of the Management Report shall not be unreasonably a� r withheld. a e. Insurance Z Property Management, with the Owner's approval, shall arrange for the Property to be 0- insured against loss by fire and such other hazards, casualties, liabilities and > contingencies, and in such amounts and for such periods as are required by the CU Regulatory Agreements. co LO Competitive bids will be sought to ensure the most cost effective coverage available, and both the coverage and the carrier(s)will be reviewed regularly.All insurance policies and renewals thereof shall be issued by a carrier in a form acceptable to the applicable L funding entities. Property insurance policies and liability insurance policies shall name a the Owner as an additional loss payee. c� Per the Management Agreement, Property Management will also report, investigate and pursue the resolution of all accidents or claims in connection with the operation of the Property as required and deemed necessary. c v The Owner shall be named as additional insured on all general liability policies on the s Property. Insurance on the Property shall comply with the requirements of the Regulatory Agreements with all funding entities and the minimum insurance Q requirements. In cases where the insurance requirements for any lender/investor are 4.; different,Owner shall cause insurance to be carried to satisfy the higher or more stringent requirement." s m w a www.nationalcore.org llaI��s of 19 k Packet Pg. 1570 6.D.d II. OCCUPANCY . a. Plans and Procedures for Publicizing and Achieving Early and Continued Occupancy i. Units shall be marketed in accordance with Affirmative Fair Housing Marketing Guidelines and the Affirmative Marketing Plan. 1. Prospective renters shall be recruited through an affirmative marketing strategy designed to ensure equal access to all appropriate-sized housing units at the Property for all persons in any category protected by Federal, State or local laws governing discrimination, and in accordance with all applicable governing documents, including but not limited to Regulatory 0- D Agreements. c) �s 2. Public agencies, social service agencies, and local community groups M will be contacted. If adequate numbers of minority or non-minority ca)i applicants are not generated, the marketing period and areas may be Q. extended as is necessary to generate an adequate number of potential g renters from the various targeted groups, and to ensure that the resident FD selection procedure is fair, meets the Owner's goals, and meets the County requirements. The "Marketing/Outreach Period" will run for 180 �- days during the construction or rehab period. During this marketing > period a telephone number will be displayed on a banner which will hang at the construction site, advertised for interested parties to call. The F greeting will inform the prospective caller of the upcoming scheduled co "Application Availability", and will provide a website for them to view information about the property. Applications can be downloaded from M the property website and can be mailed. During the application availability period, applicants will be given the date,time and location of °Q where applications can be picked up. The "Application Availability" L period will run for 72 hours. Applicants will be given information on the deadline for submission of the completed along with the date, time and N U location. o. N r-I 3. The Application Submission will run for seven straight days. After the seven calendar days for submission have past, there will be a holding E time of seven additional days to allow time for those who are submitting their application by mail. Applications will be date stamped in the order Q as received. Applicants will be contacted by telephone to set up their first interview. Interviews will begin with the names pulled in numbered m order until all units are fully leased. The remaining names pulled will be s used to form the properties official waiting list. Applications that are not fully completed and do not have attached the required documentation as Q requested in the cover letter will be set aside and moved to the bottom of the list. Applicants who do not meet the qualifications for this property will be notified by mail of their denial for acceptance for housing. 4. The marketing plan will include specific outreach strategies for households with special occupancy requirements, including the www.nationalcore.org Page 9 of 19 Packet Pg. 1571 i i physically disabled. In order to reach the maximum number of potential t applicants, a comprehensive effort will be made to distribute marketing materials to organizations that are likely to have contact with handicapped persons. Those organizations include independent living centers and other organizations, which provide meal programs, health services, community resource referrals, educational programs, or recreational activities. Religious institutions and organizations will also be contacted. All advertising for the Property shall include prominent use of Equal Housing Opportunity logos, slogans and/or statements of intent to affirmatively market the units. Material to be used in the affirmative a marketing plan includes the following: U 06 a. Fair Housing posters in the local area to be displayed in the M LO rental office, or wherever prospective renter interviews take r place; CL b. An Equal Housing Opportunity logo to be displayed on the U marketing brochure,flyers and other marketing materials. a. ii. The initial lease-up shall be conducted by Property Management supervised > personnel, well trained in eligibility requirements, family composition criteria, unit size selection processes,and County and Owner-approved selection criteria. co 1. Applications will be dated as they are received, and then sorted for family size,income level and eligibility status. M 2. Depending on the size of the eligible applicant pool, applicants will be a processed and selected in the order in which completed applications are received. o 3. Separate lists will be established for each unit size and income U a designation. In order to ensure adequate numbers of applicants for each N income category and unit size, twice the number of eligible applicant households, if available, will be processed for each unit. Applicants will E be placed in the order of their date of applying number. The remaining eligible households will be put on waiting lists, (by unit size and income Q designation),and shall be contacted by phone and/or letter when the next unit of the size and income designation they seek is coming or is available. U c4 4. Ineligible applicants will be advised of the reason for their ineligibility and their right to appeal this determination. www.nationalcore.org Page 10 of 19 Packet Pg. 1572 iii. As indicated in Section (II)(a)(i)(2),both public and private community agencies will be used as referral sources for notifying a representative number of the area's general population of the availability of the assisted housing at the property. These groups include: 1. Local Churches 2. County of San Bernardino Housing Authority 3. Other agencies as needed In addition, local newspapers, and other media will be sent press releases and ° marketing material, and be used to place classified advertising as necessary. Local news media to be contacted include: j U 1. San Bernardino City News.com «s 2. San Bernardino Sun M 3. Inland Valley Daily Bulletin 4. Voice a 5. Westside Story Newspaper 6. Precinct Reporter iv. Owner shall not authorize any other person, firm, or corporation to act as leasing a or rental agent for the term of this Agreement. Owner agrees to promptly forward all inquiries about leases to Agent. 1° d v. Procedures will be followed to assure that waiting lists are current and have co adequate numbers of applicants for each income category. Such procedures shall include the following: N 1. Separate lists shall be kept for each property and this list shall identify a each applicant and their income category based on preliminary information they provide. N 2. Applicants will be instructed to notify manager of their continued interest o- at least twice a year; N m 3. Waiting list will be open to the public until such time it has reached a E maximum of three hundred(300)applicants; 4. Preference will be noted as received, for residents displaced by Q government action or natural disaster and in accordance with all applicable governing documents and including but not limited to t Regulatory Agreements. Local preferences are prohibited. r a vi. Resident orientation shall include: 1. Written orientation material including general information about the property, a list of emergency numbers for hospitals, ambulance, fire and police departments, and other information regarding emergency procedures,as well as neighborhood services and amenities; www.nationalcore.org Page 11 of 19 Packet Pg. 1573 2. Personal interviews with every new resident in order to acquaint them with the physical layout of the property and the location of fire alarms, fire extinguishers, and fire exits, as well as a review of fire precautions and evacuation procedures; 3. A thorough review of the Community Policies of the property with each and every resident. In addition, at the time the rental agreement is signed, all provisions of the rental agreement will be thoroughly explained and each resident will be provided with a copy of the agreement. A signed receipt of this information will be on file at the management office; ° v P 4. Inspection of each dwelling unit by the manager and new resident(s). At a this time a checklist of the unit's condition will be signed by both parties U and written instructions will be provided to all residents explaining the 06 use and care of all appliances, maintenance, and service request M procedures. rn CL 5. If applicable, Residents shall be provided with a Lead-Based Paint Notice prior to execution of a Lease Agreement. A signed copy of the Lead-Based Paint Notice shall be retained in the tenant's file. a b. Procedures for determining tenant eligibility and for certifying and annually recertifying household income and size D Ci. Property Management shall apply all City, County, State, and Federal N requirements in determining tenant eligibility at initial lease-up and during subsequent recertification of tenant income. When filling a vacancy, initial r_ eligibility of prospective residents shall be determined by the following °Q procedures: (D �a 1. A brief conversation by telephone to determine if the applicant N household meets minimum eligibility criteria; a N 2. A personal interview; E 3. Prospective residents who have been determined to be ineligible will be U so notified so that they will have an opportunity to provide further Q information if they feel an error has been made in assessing their eligibility. 4. Actual eligibility will be determined as follows: Q a. Each prospective resident shall complete an application form and return it to the Resident Manager with signed permission for third party verification of income. b. When an applicant name nears the top of the waiting list, pertinent information will be confirmed as current and third party verification letters are sent. www.nationalcore.org Page 12 of 19 Packet Pg. 1574 �. c. The manager shall conduct a personal interview with all members of the prospective household,and if necessary, conduct a home visit. d. Third party verification forms will be used to compute income eligibility and a determination will be made concerning the applicant household's ability to live harmoniously within the Property community. 0 T ii. The annual tenant recertification procedure will be as follows: a 1. A "Tickler File" will be kept on the move-in anniversary month for all v residents; 06 M M 2. Ninety(90)days prior to their anniversary month,residents will receive a LO letter advising them of their impending recertification date and asking a them to sign the release portion of the third party verification forms. Z_ These will be forwarded to the appropriate third parties; CD L 3. Sixty(60)days prior to the anniversary month,the resident Manager will C- review the income information and determine the continued eligibility and income status of each resident due to be recertified, and schedule appointments with those residents; 4. Thirty (30) days prior to the anniversary month the Resident Manager will interview the residents due to be recertified in the following month. At this interview the residents will be advised of any changes in their eligibility and income status and/or rental obligation; °Q d L c� cn iii. Rent collection policies and procedures N The resident orientation information(both written and oral) for the property shall address rent collection policies and procedures. Such policies and procedures s shall be strict, consistent, easily understood, and firmly enforced. This information will be provided to all the residents at move-in as well as to all Q management staff and the Owner. r c a� 1. The on-site Resident Manager shall collect and record all rents, resident E fees and charges and shall promptly deposit daily receipts to the appropriate property account(s). All rent will be due and payable on the Q first day of the month but in no event later than five (5) working days after due date. Method,time and place will be made clear to the residents and will specify that payment is to be made on-site either by check or money order. 2. Rents not received by the fifth(5th)of the month are considered late and will be handled in accordance with the lease provisions and house rules. www.nationalcore.org Page 13 of 19 Packet Pg. 1575 3. Partial rent payments (except for pro-rated rents involving a mid-month move in date) will not be accepted. However, where the resident is receiving a Welfare or Social Security check, the resident's payment schedule may be arranged accordingly. 4. Rent increases shall be anticipated and implemented as the needs of the Property dictate, in conjunction with the preparation of the Annual Operating Budget. Property Management, in consultation with the Resident Property Manager, shall prepare the Annual Operating Budget _ for the approval of the Owner and the City at least sixty (60) days prior CD T to the beginning of the Property's calendar year. a. a. Rent increases shall be implemented in conformance with State V and Federal low-income housing programs. 06 b. Rent increases for units occupied by holders of Section 8 M certificates shall be coordinated with the local Housing a T Authority. a 5. Should a resident cause damage to the premises in the course of his/her tenancy, the resident will be billed for the repair of such damages when a they occur, in order to avoid using the resident's security deposit for a. payment. These damage charges will appear on the resident's rent ledger card and will show as a balance due until paid in full. However, should these charges still be owed when the resident vacates the unit, such charges will be deducted from the security deposit refund. Remaining co charges for damages in excess of the security deposit will be recovered by referring the case to an attorney or professional collection service. M Residents will be charged for resident-caused or resident-requested replacements and repairs according to the guidelines provided to the a resident for typical charges. Charges for these items will be at a rate that (D does not exceed the actual cost paid by the Owner for labor and materials. N U a. 6. Residents having financial problems that affect payment of their rent N may be referred to an appropriate social agency for assistance with remedying their problems. s U 7. A late fee of fifty dollars($50.00)will be charged in connection with any Q rent Payment not received by the fifth (5th) day of the month. This late fee will be collected without exception. Residents who continuously pay their rent late (more than two times consecutively),will notified they are s in breach of their lease;this is considered a repeated minor violation. m a 8. A service fee of twenty-five dollars($25.00)will be charged for returned checks. Following the occasion of two (2) checks being returned by the bank,rent payment by cashier's check or money order will be required. 9. Legal costs incurred in pursuing collections of rents and/or eviction procedures shall be borne by the Property and shall be paid for out of the General Operating Account. www.nationalcore.org Page 14 of 19 Packet Pg. 1576 6.D.d 10. Rent collections shall be recorded in a computerized property management accounting record keeping system, which produces a receipt for the resident,and a Permanent ledger entry. 11. A master "rent-roll" shall be maintained and regularly updated, indicating number, name of occupant(s), rental amount, any subsidy payment(s), and current payment status for each of the units in the Property. c. Procedures for Appeal and Grievance ° v i. Property Management shall enforce the terms of the Residential Lease as they a apply to the eviction policies and procedures. v 06 1. Cases involving nonpayment of rent shall be handled as follows: n a. As stated in Section (II)(iv)(6)(b), residents having financial a) problems that affect payment of their rent may be referred to an a appropriate social agency for assistance with remedying their problems. A list of social service agencies shall be maintained in m the Resident Manager's office and will be made available to all persons seeking assistance in financing services. Any rent n. payment workouts resulting from the above will be in writing and signed by the Resident Manager and by the resident(s). Such documentation will become part of the resident's permanent file. b. Notwithstanding the above, residents who do not pay their rents m by the fifth (5ffi) day of the month shall receive a three (3) day notice to pay or quit. Such notice shall be in accordance with the California Code of Civil Procedures. If the notice is not ° a complied with and the Resident Manager is unable to work out a suitable rent payment program with the resident, an unlawful detainer action will be filed and the matter will be referred to a professional eviction service or attorney specializing in this area nv of the law. Once such procedures are initiated, the eviction N Y process should take between thirty(30)and sixty(60), days. m E c. If the rent is not paid in full during the eviction process, the resident's tenancy will not be reinstated and eviction procedures Q will be carried out to completion. c a� 2. Cases involving a violation of the Residential Lease or House Rules shall E be handled as follows: a. The Resident Manager's staff will keep residents advised, through newsletters, reminder posters, or written warning notices, of policies in place at the Property. Management staff will work with residents and enlist the support of service agencies as required preventing recurrent violations. Evictions will take place as a last resort. www.nationalcore.org Page 15 of 19 Packet Pg. 1577 b. Residents shall receive,in person or by U. S. mail,written notice of minor infractions of the Lease and House Rules. The initial notice shall advise residents that such infractions are violations of the Lease and/or House Rules and that upon issuance of the third warning notice for the same violation; management will issue a 30(thirty)day notice of Intent to Terminate Tenancy. Any notice of termination or eviction shall contain a statement of the facts constituting the cause for the termination or eviction and a statement of the resident's rights under the grievance and appeal procedure. v a ii. Tenant complaints shall be processed according to the Grievance and Appeal v Procedure. This procedure allows for both informal and formal hearings, while its not waiving the rights of the resident, Owner, Property Management, or County to any judicial resolution of the matter. 0) iii. Residents in major or multiple violations of the house rules will be subject to the eviction procedures as described above. L d. Plans for enhancing resident-management relations a m Resident-management relations shall be based on a policy of cooperation and communication. Residents shall be encouraged to understand that their involvement with t(D the property, and therefore their ideas, priorities, suggestions and concerns, are both co sought and valued. Property Management shall encourage the establishment of a "Residents' Association" and shall enlist support and participation of the residents in the following three areas: i. ° Q ii. Committees °-' ca We encourage resident involvement with other residents through volunteer y activities. Examples include: an orientation committee to welcome newcomers to a the community; a service Committee to visit the sick and run errands for those in N need; an activities committee to plan and carry out social/cultural educational events. U f6 iii. Problem Solving Q We applaud resident participation in solving problems generated by other m residents, such as excessive noise or other disturbances. Property Management s will encourage residents to act as a cohesive body to see that policies affecting the community as a whole are enforced. Ideally, residents with a complaint a against one another could present their situations to a committee that would work out an equitable solution. iv. Ongoing Communication Residents shall be encouraged to offer suggestions to the Resident Manager, or staff in a variety of areas of concern, such as security, and maintenance, both individually and through the "Residents' Association." A group of resident www.nationalcore.org Page 16 of 19 Packet Pg. 1578 representatives shall provide a most important function in communicating resident sentiments, opinions, priorities, and advice in regard to established operations or changing policies. Resident involvement in planning can result in more relevant, sensitive and effective management policies and also recognizes the principle that "participation brings commitment," i.e. that, given an opportunity to participate,residents will act to improve the quality of life in their community. While on-going communication is important for the reasons outlined, the Owner shall not be bound to any suggestion, demand or otherwise, if in the Owner's sole opinion said suggestion or demand is deemed unreasonable if when implemented would not,in the Owner's sole opinion,benefit the property community. d o- 1. Residents will be provided copies of the house rules and other materials U pertaining to policies governing their occupancy at the property. 06 M M 2. Management staff will also provide the residents with a list of emergency cai numbers for hospitals, ambulance, fire department and police a department, as well as the phone number of the on-site office and back-up information in the event of emergencies when the office is closed. Residents will also receive information about energy conservation and what each resident can do to reduce energy waste. 0- 0 3. An Emergency Response Plan will be developed for the property. This plan is designed to maximize the health and safety of the residents in the Q event of an emergency such as a fire, earthquake, mudslide, or power outage. m M The plan will be distributed to all residents at time of initial occupancy. 0 Q. III. MAINTENANCE/SECURITY (D 0 a. The On-Going Maintenance Program shall include the following: N U 0_ i. Scheduled preventive maintenance and repair of installed equipment in N accordance with manufacturers' recommendations and the requirements of equipment operating manuals. Skilled maintenance contractors will perform this E work; R ii. Routine repairs to kitchen appliances, electrical, plumbing, and heating Q equipment. On-site staff or independent contractors will perform this work; E iii. Preventive annual apartment inspections to regularly and consistently ascertain the condition of each unit. Maintenance problems discovered during these Q inspections shall be handled according to the work order procedures as described in Section III (e) below. Annual inspections of the HOME units shall be coordinated with the City and County to ensure compliance with section 92.251 (c)of the HOME regulations. iv. Preventive regular inspections and inspections of common areas and equipment, as well as regular schedules (daily, weekly, monthly, quarterly, annually) for ✓ maintaining same: www.nationalcore.org Page 17 of 19 Packet Pg. 1579 1. Maintenance of exterior areas shall include gg kee in rounds free of litter, p trash and paper. Parking areas will be maintained in good repair and free from dirt and litter. 2. Common areas such as laundry rooms will be swept and cleaned daily and kept free of trash and other debris. v. Garbage removal will be effected through arrangements with a contractor services company. The trash areas will be swept daily and scrubbed with disinfectant when necessary; 4 a vi. Extermination services will be contracted for, so as to provide a high level of v sanitation and cleanliness; 06 M M vii. The maintenance of the grounds shall be on a contract basis with a landscape a firm. a c� b. Resident Security Systems CD L c. The Owner recognizes that resident security is an essential part of maintaining a safe and a stable community. In addition to standard bolt locks and adequate site lighting, the > Owner will consult regularly with Property Management to discuss the need for any special security provisions that may arise. The Owner in his sole discretion shall implement changes. A Preventive Maintenance Schedule is adhered to and is available co upon request. N M d. All items needing repair or replacement, whether reported by the residents or discovered 0 CL by management staff,shall be recorded in Yardi through the use of a work order: CD N i. The work order form shall provide for the costs of labor and materials and the (L manager shall determine any charges to residents for damages beyond normal N wear and tear. Residents will be billed promptly for damages they cause,and,per the lease agreement,be required to reimburse the property within thirty(30)days E or other reasonable time agreed upon by the Resident Manager and resident. �a e. Semi- annual unit inspections are conducted and completed in February and August of B each year. Inspection forms will be used. m E f. Routine maintenance requests will be reasonably completed within seventy-two (72) v hours. a All emergency repairs or replacements, regardless of the time of day they occur, shall be handled promptly. Emergency needs shall be defined as those situations posing immediate threat to the health and safety of residents and/or the integrity of the grounds, buildings, and equipment, including: the interruption of services, hot or cold running water, electricity, gas, adequate heat and plumbing; glass breakage which deprives residents of security or heat; or repairs that if not performed would expose residents to injury. www.nationalcore.org Page 18 of 19 Packet Pg. 1580 6.D.d In case of an emergency after business hours, a twenty-four (24) hour answering service g Y will be maintained to notify the Resident Manager,or his/her staff. g. Major interior redecorating of common areas, exterior painting and property replacements to building infrastructure such as heating and ventilation systems shall be integrated into a capital improvements schedule. This schedule shall serve as a basis for computing and establishing the Replacement Reserve Fund. Adequate contributions to provide for capital improvements will be scheduled in the annual operating budget. This schedule shall property the anticipated useful life and replacement costs for such major T items. 4 a This Management Plan may be updated without further notice. v 06 M M Signed and dated by: a) a W L Sr. Vice President,Property Management Dated CL -END- c CO to N M O O. d L i+ y U a N Y E U f0 r.+ Q a.i C E V f6 r Q www.nationalcore.org Page 19 of 19 Packet Pg. 1581 Aron Liang From: Henry Empeno Sent: Wednesday,April 02, 2014 2:59 PM To: Aron Liang Cc: Mark Persico; Crystal Johnson;Gary Saenz Subject: Density Bonus TPM 19533/DP P14-03 Attachments: Govt Code 65915 Density Bonus 2014.doc 0 Aron, r After our telephone conversation today, I researched the City's Development Code Density Bonus provisions at Section a- 19.04.030(2)(D)(1)for Affordable Housing,and I advise you that Government Code Section 65915 (attached and which is v cited in this section of the Development Code)overrides this Section of the Development Code regarding applications 06 requesting a density bonus for affordable housing projects, including Tentative Parcel Map 19533 (Subdivision 14-08) M and Development Permit P-14-03 submitted by National Community Renaissance of California (National Core),which is on the DERC agenda for their meeting tomorrow April 3,2014. a co Although there are many differences which I will later review for you,the primary difference is that State law permits a density bonus up to 35%over the maximum allowable residential density permitted,versus the 25%allowed under our a current Development Code. Government Code Section 65915 applies to Charter Cities like the City of San Bernardino > pursuant to Government Code Section 65918. a c My recollection is that in 1991 when the Development Code was first adopted,Section 19.04.030(2)(D)(1)was consistent with Government Code Section 65915 at that time. Since 1991,the City has processed very few affordable co housing density bonus projects,and I do not recall any that requested a density bonus over the 25%permitted in the M Development Code,which then would have prompted the City to amend this Section to be consistent with State law. t: 0 CL d Mark Ostoich,the attorney for National Core,called me and raised this same issue regarding the maximum allowable density bonus. I will attend the DERC meeting tomorrow to address this issue for the DERC. Please contact me if I can provide further information on this matter. v a N Henry Empeno,Jr. Senior Deputy City Attorney E City of San Bernardino, City Attorney's Office 300 North"D" St., 6th Fl. San Bernardino CA 92418 Q r Phone: (909)384-5235 / Fax: (909) 384-5238 email: Empeno IIeCa sbeity.org E t ca Confidentiality Note: The contents of this e-mail message and its attachments,if any,are intended solely for the addressees) Q hereof and may constitute a confidential attorney-client communication. If you are not the named addressee,or if you believe this message has been addressed to you in error,you are requested not to read,disclose, reproduce,distribute,disseminate or otherwise use or rely upon this information. Delivery of this message to any person other than the intended recipient(s)is not intended in any way to waive confidentiality. if you have received this transmission in error,please alert the sender by reply e-mail.It is also requested that you immediately delete this message and its attachments,if any. Thank You. PDF DISCLAIMER: The PDF document(s)attached to this e-mail,if any,may only be modified with our express written consent. Accordingly,any alterations,additions,or deletions to the same are hereby rejected absent said written consent. By executing the document(s),you are agreeing to the terms as stated in the attached document(s),without regard to any unauthorized alterations,additions or deletions made to the document(s). t Packet Pg. 1582 We'stlaw. West's Ann.Cal.Gov.Code§ 65915 Page 1 Effective:January 1,2014 4 V- a- West's Annotated California Codes Currentness D Government Code(Refs&Annos) 0 06 Title 7.Planning and Land Use(Refs&Annos) 'M Division 1.Planning and Zoning(Refs&Annos) LO M Ir- 91 Chapter 4.3.Density Bonuses and Other Incentives(Refs&Annos) CL M -0-0 § 65915. Applicants seeking density bonus; incentives or concessions for lower income housing units and child care facilities;conditions,agreements and submission requirements;duties of local officials (a)When an applicant seeks a density bonus for a housing development within,or for the donation of land for housing within, the jurisdiction of a city,county,or city and county,that local government shall provide the applicant with incentives or con- cessions for the production of housing units and child care facilities as prescribed in this section.All cities,counties,or cities and counties shall adopt an ordinance that specifies how compliance with this section will be implemented.Failure to adopt an ordinance shall not relieve a city,county,or city and county from complying with this section. 00 tD C14 M (b)(1)A city,county,or city and county shall grant one density bonus,the amount of which shall be as specified in subdivision 0 (f), and incentives or concessions, as described in subdivision(d), when an applicant for a housing development seeks and agrees to construct a housing development,excluding any units permitted by the density bonus awarded pursuant to this see- tt: (0 tion,that will contain at least any one of the following: (A)Ten percent of the total units of a housing development for lower income households,as defined in Section 50079.5 of the N Health and Safety Code. E U (B)Five percent of the total units of a housing development for very low income households,as defined in Section 50105 of the Health and Safety Code. (C)A senior citizen housing development, as defined in Sections 51.3 and 51.12 of the Civil Code,or mobilehome park that E limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code. Z (D)Ten percent of the total dwelling units in a common interest development as defined in Section 4100 of the Civil Code for persons and families of moderate income,as defined in Section 50093 of the Health and Safety Code,provided that all units in the development are offered to the public for purchase. (2)For purposes of calculating the amount of the density bonus pursuant to subdivision(f),the applicant who requests a density C 2014 Thomson Reuters.No Claim to Orig.US Gov.Works. I Packet Pg. 1583 6D v „ West's Ann.Cal.Gov.Code§ 65915 Page 2 bonus pursuant to this subdivision shall elect whether the bonus shall be awarded on the basis of subparagraph(A),(B),(C),or (D)of paragraph(1). (3) For the purposes of this section, "total units" or"total dwelling units" does not include units added by a density bonus awarded pursuant to this section or any local law granting a greater density bonus. (c)(1)An applicant shall agree to,and the city,county,or city and county shall ensure,continued affordability of all low-and very low income units that qualified the applicant for the award of the density bonus for 30 years or a longer period of time if r required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy pro- o gram.Rents for the lower income density bonus units shall be set at an affordable rent as defined in Section 50053 of the Health U and Safety Code. Owner-occupied units shall be available at an affordable housing cost as defined in Section 50052.5 of the Health and Safety Code. LO P Q- 2 An applicant shall agree to and the city, or city and count shall ensure that, the initial occupant of the moder- 2 ( ) PP � i�' � tY� Y� h' Y P 2 ate-income units that are directly related to the receipt of the density bonus in the common interest development,as defined in U Section 4100 of the Civil Code,are persons and families of moderate income, as defined in Section 50093 of the Health and M Safety Code,and that the units are offered at an affordable housing cost,as that cost is defined in Section 50052.5 of the Health and Safety Code.The local government shall enforce an equity sharing agreement,unless it is in conflict with the requirements of another public funding source or law.The following apply to the equity sharing agreement: c Q H (A)Upon resale,the seller of the unit shall retain the value of any improvements, the downpayment, and the seller's propor- co tionate share of appreciation.The local government shall recapture any initial subsidy,as defined in subparagraph(B),and its c�i proportionate share of appreciation,as defined in subparagraph(C),which amount shall be used within five years for any of the purposes described in subdivision(e)of Section 33334.2 of the Health and Safety Code that promote home ownership. °Q m (B)For purposes of this subdivision,the local government's initial subsidy shall be equal to the fair market value of the home at N the time of initial sale minus the initial sale price to the moderate-income household,plus the amount of any downpayment U CL assistance or mortgage assistance. If upon resale the market value is lower than the initial market value,then the value at the N time of the resale shall be used as the initial market value. c a� E (C)For purposes of this subdivision,the local government's proportionate share of appreciation shall be equal to the ratio of the local government's initial subsidy to the fair market value of the home at the time of initial sale. Q Jr (d)(1)An applicant for a density bonus pursuant to subdivision(b)may submit to a city,county,or city and county a proposal E for the specific incentives or concessions that the applicant requests pursuant to this section,and may request a meeting with the city,county, or city and county. The city,county,or city and county shall grant the concession or incentive requested by the Q applicant unless the city, county, or city and county makes a written finding,based upon substantial evidence, of any of the following: (A)The concession or incentive is not required in order to provide for affordable housing costs,as defined in Section 50052.5 of the Health and Safety Code,or for rents for the targeted units to be set as specified in subdivision(c). F s d I ©2014 Thomson Reuters.No Claim to Orig.US Gov.Works. r Packet Pg. 1584 rt 6.D.d West's Ann.Cal.Gov.Code§ 65915 Page 3 (B)The concession or incentive would have a specific adverse impact,as defined in paragraph(2)of subdivision(d)of Section 65589.5, upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific ad- verse impact without rendering the development unaffordable to low-and moderate-income households. (C)The concession or incentive would be contrary to state or federal law. v (2)The applicant shall receive the following number of incentives or concessions: D U 06 (A)One incentive or concession for projects that include at least 10 percent of the total units for lower income households, at M least 5 percent for very low income households,or at least 10 percent for persons and families of moderate income in a common rn interest development. C (B)Two incentives or concessions for projects that include at least 20 percent of the total units for lower income households,at U least 10 percent for very low income households, or at least 20 percent for persons and families of moderate income in a common interest development. y ca Y c (C)Three incentives or concessions for projects that include at least 30 percent of the total units for lower income households, at least 15 percent for very low income households, or at least 30 percent for persons and families of moderate income in a 00 common interest development. N M (3)The applicant may initiate judicial proceedings if the city,county,or city and county refuses to grant a requested density o n. bonus,incentive,or concession.If a court finds that the refusal to grant a requested density bonus,incentive,or concession is in m violation of this section,the court shall award the plaintiff reasonable attorney's fees and costs of suit.Nothing in this subdi- vision shall be interpreted to require a local government to grant an incentive or concession that has a specific,adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.Nothing in this subdivision C14 Y shall be interpreted to require a local government to grant an incentive or concession that would have an adverse impact on any aa) real property that is listed in the California Register of Historical Resources.The city,county,or city and county shall establish procedures for carrying out this section, that shall include legislative body approval of the means of compliance with this Y section. Q 4: c a� (e)(1)In no case may a city,county,or city and county apply any development standard that will have the effect of physically E precluding the construction of a development meeting the criteria of subdivision(b)at the densities or with the concessions or Y incentives permitted by this section.An applicant may submit to a city,county,or city and county a proposal for the waiver or Q reduction of development standards that will have the effect of physically precluding the construction of a development meeting the criteria of subdivision(b)at the densities or with the concessions or incentives permitted under this section, and may request a meeting with the city,county,or city and county.If a court finds that the refusal to grant a waiver or reduction of development standards is in violation of this section,the court shall award the plaintiff reasonable attorney's fees and costs of suit.Nothing in this subdivision shall be interpreted to require a local government to waive or reduce development standards if the waiver or reduction would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section C ©2014 Thomson Reuters.No Claim to Orig.US Gov.Works. f Packet Pg. 1585 6.D.d West's Ann.Cal.Gov.Code§65915 Page 4 65589.5,upon health,safety,or the physical environment,and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.Nothing in this subdivision shall be interpreted to require a local government to waive or reduce development standards that would have an adverse impact on any real property that is listed in the California Register of Historical Resources,or to grant any waiver or reduction that would be contrary to state or federal law. (2)A proposal for the waiver or reduction of development standards pursuant to this subdivision shall neither reduce nor in- crease the number of incentives or concessions to which the applicant is entitled pursuant to subdivision(d). T 4 T (f) For the purposes of this chapter, "density bonus" means a density increase over the otherwise maximum allowable resi- dential density as of the date of application by the applicant to the city,county,or city and county.The applicant may elect to U accept a lesser percentage of density bonus.The amount of density bonus to which the applicant is entitled shall vary according Cl to the amount by which the percentage of affordable housing units exceeds the percentage established in subdivision(b). rn T Q (1)For housing developments meeting the criteria of subparagraph(A)of paragraph(1)of subdivision(b),the density bonus g shall be calculated as follows: m L Percentage Low-Income Units Percentage Density Bonus > 10 20 a c 11 21.5 12 23 00 13 24.5 M 14 26 L 0 15 27.5 0. (D L 17 30.5 M 18 32 N U 19 33.5 a N 20 35 c 0 (2)For housing developments meeting the criteria of subparagraph(B)of paragraph(1)of subdivision(b),the density bonus E shall be calculated as follows: L) a I Percentage Very Low Income Units Percentage Density Bonus c m 5 20 E I .0 6 22.5 Y 7 25 Q 8 27.5 9 30 10 32.5 11 35 ©2014 Thomson Reuters.No Claim to Orig.US Gov.Works. Packet Pg. 1586 2 West's Ann.Cal.Gov.Code§65915 Page 5 (3)For housing developments meeting the criteria of subparagraph(C)of paragraph(1)of subdivision(b),the density bonus shall be 20 percent of the number of senior housing units. (4)For housing developments meeting the criteria of subparagraph(D)of paragraph(1)of subdivision(b),the density bonus shall be calculated as follows: Percentage Moderate-Income Units Percentage Density Bonus 10 5 n. 11 6 U 12 7 °5 h Cl) 13 8 LO 4 � 14 9 a 15 10 g 16 11 2- L 17 12 a m 18 13 >_ 19 14 CD CD 20 15 E' 21 16 22 17 c? 23 18 0 Q. 24 19 25 20 26 21 U CL 27 22 N 28 23 29 24 U 30 25 Q 31 26 c 32 27 33 28 v Y 34 29 Q 35 30 36 31 37 32 38 33 ©2014 Thomson Reuters.No Claim to Orig.US Gov.Works. Packet Pg. 1587 6.D.d West's Ann.Cal.Gov.Code§65915 Page 6 39 34 40 35 (5)All density calculations resulting in fractional units shall be rounded up to the next whole number.The granting of a density bonus shall not be interpreted, in and of itself, to require a general plan amendment, local coastal plan amendment, zoning change,or other discretionary approval. 0 (g)(1)When an applicant for a tentative subdivision map,parcel map,or other residential development approval donates land to r a city, county, or city and county in accordance with this subdivision, the applicant shall be entitled to a 15-percent increase above the otherwise maximum allowable residential density for the entire development,as follows: U 06 Percentage Very Low Income Percentage Density Bonus cMri 10 15 r' 11 16 12 17 U 13 18 M o. 14 19 > 15 20 16 21 17 22 00 w 18 23 M 19 24 L 0 20 25 21 26 I � 22 27 U 23 28 N 24 29 c m 25 30 E 26 31 27 32 Q 28 33 v 29 34 U 30 35 Y Q (2) This increase shall be in addition to any increase in density mandated by subdivision (b), up to a maximum combined mandated density increase of 35 percent if an applicant seeks an increase pursuant to both this subdivision and subdivision(b). All density calculations resulting in fractional units shall be rounded up to the next whole number.Nothing in this subdivision shall be construed to enlarge or diminish the authority of a city,county,or city and county to require a developer to donate land as a condition of development.An applicant shall be eligible for the increased density bonus described in this subdivision if all of the following conditions are met: ©2014 Thomson Reuters.No Claim to Orig.US Gov.Works. Packet Pg. 1588 West's Ann.Cal.Gov.Code§65915 Page 7 I i A The applicant donates and transfers the land no later than the date of approval of the final subdivision ma parcel map,( ) pP Pp p,p p, residential development application. (B)The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low income households in an amount not less than 10 percent of the number of residential units of the proposed development. ° v (C)The transferred land is at least one acre in size or of sufficient size to permit development of at least 40 units,has the ap- D P ro riate general plan designation, is appropriately zoned with appropriate development standards for development at the U 06 density described in paragraph(3)of subdivision(c)of Section 65583.2,and is or will be served by adequate public facilities M and infrastructure. 'n r CL CO (D)The transferred land shall have all of the permits and approvals,other than building permits,necessary for the development 15; of the very low income housing units on the transferred land,not later than the date of approval of the final subdivision map, parcel map,or residential development application,except that the local government may subject the proposed development to d subsequent design review to the extent authorized by subdivision(i) of Section 65583.2 if the design is not reviewed by the m local government prior to the time of transfer. m (E)The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with paragraphs (1) and (2) of subdivision (c), which shall be recorded on the property at the time of the (00 N transfer. y 0 CL (F)The land is transferred to the local agency or to a housing developer approved by the local agency.The local agency may require the applicant to identify and transfer the land to the developer. w (G) The transferred land shall be within the boundary of the proposed development or, if the local agency agrees, within 0- one-quarter mile of the boundary of the proposed development. N Y Q� E (H)A proposed source of funding for the very low income units shall be identified not later than the date of approval of the final v subdivision map,parcel map,or residential development application. Q (h)(1)When an applicant proposes to construct a housing development that conforms to the requirements of subdivision(b)and w includes a child care facility that will be located on the premises of,as part of,or adjacent to,the project,the city,county,or city and county shall grant either of the following: Q (A)An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the child care facility. (B)An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility. ©2014 Thomson Reuters.No Claim to Orig.US Gov.Works. Packet Pg. 1589 West's Ann.Cal.Gov.Code§ 65915 Page 8 (2)The city,county,or city and county shall require, as a condition of approving the housing development,that the following ZI occur: (A)The child care facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable pursuant to subdivision(c). 4 (B)Of the children who attend the child care facility,the children of very low income households,lower income households,or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are D required for very low income households, lower income households,or families of moderate income pursuant to subdivision 0 06 (b). Ce) M V) (3)Notwithstanding any requirement of this subdivision,a city,county, or city and county shall not be required to provide a CU density bonus or concession for a child care facility if it finds,based upon substantial evidence,that the community has ade- 5; quate child care facilities. (4)"Child care facility,"as used in this section,means a child day care facility other than a family day care home,including,but not limited to,infant centers,preschools,extended day care facilities,and schoolage child care centers. (i) "Housing development," as used in this section, means a development project for five or more residential units. For the CD purposes of this section, "housing development"also includes a subdivision or common interest development, as defined in Section 4100 of the Civil Code,approved by a city,county,or city and county and consists of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or 0 the substantial rehabilitation of an existing multifamily dwelling,as defined in subdivision(d)of Section 65863.4,where the CD result of the rehabilitation would be a net increase in available residential units.For the purpose of calculating a density bonus, 4= the residential units shall be on contiguous sites that are the subject of one development application,but do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing devel- U 0- opment other than the areas where the units for the lower income households are located. 04 E 0)The granting of a concession or incentive shall not be interpreted,in and of itself,to require a general plan amendment,local coastal plan amendment,zoning change,or other discretionary approval.This provision is declaratory of existing law. (k)For the purposes of this chapter,concession or incentive means any of the following: E (1)A reduction in site development standards or a modification of zoning code requirements or architectural design require- ments that exceed the minimum building standards approved by the California Building Standards Commission as provided in < Part 2.5 (commencing with Section 18901)of Division 13 of the Health and Safety Code, including,but not limited to, a re- duction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be re- quired that results in identifiable,financially sufficient,and actual cost reductions. (2)Approval of mixed-use zoning in conjunction with the housing project if commercial,office,industrial,or other land uses (0 2014 Thomson Reuters.No Claim to Orig.US Gov.Works. I Packet Pg. 1590 6.D.d West's Ann.Cal.Gov.Code§65915 Page 9 I will reduce the cost of the housing development and if the commercial,office,industrial,or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located. (3)Other regulatory incentives or concessions proposed by the developer or the city,county,or city and county that result in identifiable,financially sufficient,and actual cost reductions. (n Subdivision(k)does not limit or require the provision of direct financial incentives for the housing development,including the provision of publicly owned land,by the city,county,or city and county,or the waiver of fees or dedication requirements. o- D (m)This section shall not be construed to supersede or in any way alter or lessen the effect or application of the California V 06 Coastal Act of 1976(Division 20(commencing with Section 30000)of the Public Resources Code). M Ln rn (n)If permitted by local ordinance,nothing in this section shall be construed to prohibit a city,county,or city and county from 0 granting a density bonus greater than what is described in this section for a development that meets the requirements of this n section or from granting a proportionately lower density bonus than what is required by this section for developments that do L not meet the requirements of this section. CL m a (o)For purposes of this section,the following definitions shall apply: c a� 00 (1)"Development standard"includes a site or construction condition,including,but not limited to,a height limitation,a setback requirement,a floor area ratio,an onsite open-space requirement,or a parking ratio that applies to a residential development N P ursuant to any ordinance, general plan element, specific plan, charter, or other local condition law, policy, resolution, or regulation. 0 a a� L (2)"Maximum allowable residential density"means the density allowed under the zoning ordinance and land use element of the general plan,or if a range of density is permitted,means the maximum allowable density for the specific zoning range and land use element of the general plan applicable to the project. Where the density allowed under the zoning ordinance is in- a C14 consistent with the density allowed under the land use element of the general plan,the general plan density shall prevail. 1 Y E (p)(1)Upon the request of the developer,no city,county,or city and county shall require a vehicular parking ratio,inclusive of L U handicapped and guest parking,of a development meeting the criteria of subdivision(b),that exceeds the following ratios: Q (A)Zero to one bedroom:one onsite parking space. E s U (B)Two to three bedrooms:two onsite parking spaces. Q (C)Four and more bedrooms: two and one-half parking spaces. (2)If the total number of parking spaces required for a development is other than a whole number,the number shall be rounded up to the next whole number. For purposes of this subdivision,a development may provide "onsite parking"through tandem parking or uncovered parking,but not through onstreet parking. ©2014 Thomson Reuters.No Claim to Orig.US Gov.Works. Packet Pg. 1591 6.D.d West's Ann.Cal.Gov.Code§ 65915 Page 10 (3)This subdivision shall apply to a development that meets the requirements of subdivision(b)but only at the request of the applicant.An applicant may request parking incentives or concessions beyond those provided in this subdivision pursuant to subdivision(d). CREDIT(S) c T 4 (Added by Stats.1979, c. 1207, p. 4748, § 10, eff. Oct. 2, 1979. Amended by Stats.1982, c. 1263, § 2, eff. Sept. 22, 1982; Stats.1983,c.634,§ 1;Stats.1984,c. 1333,§2;Stats.1989,c.842,§3;Stats.1990,c.31 (A.B.1259),§3,eff.March 26, 1990; U Stats.1991,c. 1091 (A.B.1487), § 64;Stats.1998,c. 689(S.B.1362), § 6; Stats.1999,c. 968 (S.B.948), §7; Stats.2000,c. 556 06 (A.B.2755), § 1; Stats.2002, c. 1062 (A.B.1866), § 3; Stats.2003, c. 430 (A.B.305), § 1; Stats.2004, c. 724(A.B.2348), § 5; M LO Stats.2004, c. 928 (S.B.1818), § 1; Stats.2005, c. 496 (S.B.435), § 2; Stats.2008, e. 454 (A.B.2280), § 1; Stats.2012, c. 181 r- (A.B.806),§53,operative Jan. 1,2014;Stats.2013,c.76(A.B.383), § 102.) LAW REVISION COMMISSION COMMENTS co a a� 2012 Amendment >_ c� c Section 65915 is amended to correct cross-references to former Civil Code Section 1351(c).[40 Cal.L.Rev.Comm.Reports 235 a) (2010)]. 00 N M HISTORICAL AND STATUTORY NOTES 0 Q. m 2009 Main Volume ca ca Sections 1 to 6 of Stats.1979,c. 1207,p.4738,provide: a N "Sec. 1.The Legislature finds and declares that the present supply of housing in California is less than present demand,and that under present circumstances and law,imbalance between supply and demand is likely to increase in the foreseeable future.This E t problem is general in nature,and does and will exist in urban,suburban,and rural areas,and with regard to market rate housing .r and to housing which requires subsidization in order to be affordable to segments of the state's population.This situation creates Q an absolute present and future shortage of supply in relation to demand,as expressed in terms of housing needs and aspirations, and also creates inflation in the cost of housing,by reason of its scarcity,which tends to decrease the relative affordability of the state's housing supply for all of its residents. Y y.+ Q "Sec.2.The Legislature further finds and declares that: "(a)It is a matter of urgent public necessity that the housing supply shortfall in California be eliminated. "(b)It is essential to address and remedy the basic causes of the problem rather than its symptoms,and that these causes include the following: 2014 Thomson Reuters.No Claim to Orig.US Gov.Works. Packet Pg. 1592 6.D.d West's Ann.Cal.Gov.Code§65915 Page I 1 "(1)Insufficient availability of land suitable and capable of being developed for the purpose of housing. "(2) Increases in the time and uncertainty for completion of housing development and construction, largely attributable to processing requirements,which significantly increase the cost of the completed housing and delay its availability to the public. a "(3)Increases in costs relating to community objectives and services,placed directly upon new residential construction. n. "(4) Government statutes, regulations, and policies which are insensitive to housing needs, or which individually or collec- tively,tend to frustrate and production of housing. M M LO "(c)For all these and other reasons,a chaotic housing marketplace now exists in California,in which enough housing cannot be r' produced in some areas at any price to meet the demand,while in others,costs and uncertainties have combined to make es- 0 sential new and existing housing stock unattractive to capital investment. v v I` "Sec.3.The Legislature further finds and declares that: 0 d "(a) In order to meet California's statutory objectives relative to housing, the state must immediately embark on a compre- hensive housing supply development program, and maintain that program until the balance between supply and demand is restored,and thereafter to the extent necessary to avoid future imbalance. 00 N M_ "(b)In so doing,the state must and should rely primarily: 0 0- m "(1)On the private sector to produce and otherwise provide and maintain the necessary increase in both market rate units,and nonmarket rate units. U 0. "(2)On general purpose local government to guide the manner in which these units should be made available;provided,that N such local discretion and powers not be exercised in a manner to frustrate the purposes of this act. _ a� "(c)While encouraging the expansion and increased utilization of federal programs,the state must not place primary reliance y upon the federal government to eliminate the imbalance of supply and demand.The appropriate role for state government is to: Q c a� "(1)Assist in the removal of obstacles to the development of new housing units. E v "(2)Harmonize the activities of all state and local agencies to eliminate counterproductive actions and encourage actions which Q implement the policies of this act. "(d)The state should structure its relationship with other levels of government,particularly general purpose local government and with the private sector as a three-sided partnership, in which each party has specific rights and responsibilities. The state should maintain its role in this partnership so that local government and the private sector can depend upon its commitment to C ©2014 Thomson Reuters.No Claim to Orig.US Gov.Works. Packet Pg. 1593 6.D.d West's Ann.Cal.Gov.Code§65915 Page 12 its responsibilities. "Sec.4.The Legislature further finds and declares that the purpose of this act is to bring the supply of housing back into balance with demand as rapidly as possible,and within a predictable future period of time. "Sec.5.The Legislature further finds and declares that the specific objectives of this act are to: O T 4 "(a)Ensure an adequate supply of housing in those areas where the citizens of this state elect to work and live. a U "(b) Relieve inflationary pressures on housing costs by restoring a more competitive marketplace for new units, and by ex- off! M tension,resale,and existing rental units. M LO r "(c)Minimize counterproductive effects of short term or interim responses to the present supply-demand. °' ca v "Sec. 6. The Legislature further finds and declares that if the state does not adopt these policies, and engage in a systematic U program,as set forth in this act,to carry out its purpose and achieve objectives: a CU w "(a) Present trends responsible for the imbalance of supply and demand will not be reversed, and are likely to accelerate the v imbalance and its consequences. E— 04 m "(b) The imbalance will become institutionalized as a permanent part of the state's housing situation, rather than being a M temporary maladjustment. Y O CL CD "(c)The state's statutory housing objectives will become unattainable. R in "(d)The citizens of this state will be forced to unnecessarily accept further limitations on their personal aspirations,their social d and economic mobility,and their physical comfort and well-being." N c a� Operative effect of Stats.1984,c. 1333,see Historical and Statutory Notes under Civ.C. § 51.3. s U fII Y Y Section 6 of Stats.1989,c.842,provides: aC Y m "Sections 1 to 5,inclusive,of this act,unless otherwise specified,shall apply to charter cities." c� Y Y Legislative findings,declarations and intent relating to Stats.1998,c.689,see Historical and Statutory Notes under Education Q Code§ 17621. Section 9 of Stats.1999,c.968,provides: "The Legislature finds and declares both of the following: ©2014 Thomson Reuters.No Claim to Orig.US Gov.Works. Packet Pg. 1594 6.D.d West's Ann.Cal.Gov.Code§ 65915 Page 13 "(a)The amendments made by this act to subdivision(c)of Section 65009 of the Government Code,excluding the portion of the ameridment related to middle-income households,are declaratory of existing law. "(b)The amendments made by this act to Section 65915 of the Government Code are declaratory of existing law." 0 For operative effect and cost reimbursement provisions relating to Stats.2004,c. 724(A.B.2348),see Historical and Statutory Notes under Government Code§ 65583. o_ D U Section 2 of Stats.2004,c.928(S.B.1818),provides: M M LO "No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local a' agency or school district has the authority to levy service charges,fees,or assessments sufficient to pay for the program or level C of service mandated by this act,within the meaning of Section 17556 of the Government Code." l t� Section affected by two or more acts of the same session of the legislature,see Government Code§9605. a m y Letter of intent relating to Stats.2004,c.928(S.B.1818),and Stats.2005,c.496(S.B.435),see Historical and Statutory Notes, m post. 00 Sections 1 and 3 of Stats.2005,c.496(S.B.435),provide: M a. L "SECTION 1. It is the intent of the Legislature that local governments encourage, to the maximum extent practicable, the d location of housing developed pursuant to Section 65915 of the Government Code in urban areas with adequate infrastructure } to serve the housing." N U 0- "SEC.3.No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because N a local agency or school district has the authority to levy service charges,fees,or assessments sufficient to pay for the program or level of service mandated by this act,within the meaning of Section 17556 of the Government Code." E U a+ The Senate Daily Journal for the 2005-2006 Regular Session,pages 2293-94,contained the following letter dated August 25, Q 2005,from Senator Dennis Hollingsworth,regarding the intent of Stats.2005,c.496(S.B.435): d E t "The Honorable Don Perata Y d. a "President pro Tempore "RE: SB 435(Hollingsworth) "Dear Senator Perata: ©2014 Thomson Reuters.No Claim to Orig.US Gov.Works. Packet Pg. 1595 6.D.d West's Ann.Cal.Gov.Code§ 65915 Page 14 "Last year I successfully authored SB 1818 which substantively improved the state density bonus law.This year I am authoring SB 435 in order to make important corrections and improvements to last years'measure. "When SB 435 was heard in the Assembly Housing and Community Development Committee the bill was amended in order to not place the bill at risk.One of the amendments restored the law pertaining to subdivision(b)(1).This subdivision relates to whether an applicant`agrees'to construct affordable units.My statement before the committee concerning the amendment was: 4 T a "The opposition argues that SB 435 undermines inclusionary zoning but has yet to give one example to support their argument. D As the analysis of both SB 1818 and SB 435 have said, density bonus law does not preempt the ability local ordinances to 0 0 require the inclusion of affordable(low,very low or moderate-income)units within a housing development.The opposition has M put forward the strained argument that local inclusionary ordinances preempt state density bonus law,but that was certainly not my intent in SB 1818 nor do I believe it was the Legislature's intent in enacting density bonus law in 1979 and SB 1818 last a year. A handful of local jurisdictions have argued since 1979 that density bonus law does not apply until inclusionary re- 2 quirements have been met. The vast majority of cities, counties and experts take the opposite view, as do I. By adding back 6 language that has been in the law since 1979,we will enable this handful of jurisdictions to continue to make their strained a argument,but that is not troubling because the language has consistently been interpreted for 25 years by the vast majority of ; cities,counties and experts to mean that inclusionary requirements count toward meeting density bonus requirements. E .� c CD IC "When SB 435 was heard on the Senate floor for a vote on concurrence with Assembly amendments,I stated that: N "Even though I agreed to an amendment that restored the language in subdivision(b)(1),providing that a developer is entitled to a density bonus if he or she `seeks and agrees'to construct affordable units,the vast majority of cites,counties and experts o believe as I do that this language means that any affordable units in a development count toward meeting density bonus re- C L quirements,regardless of whether or not the affordable units are required to be constructed by the local government pursuant to M a local ordinance. u U a "I am confident that these points settle Legislative interpretation of my actions to amend SB 435. N Y c a� E "Sincerely, U Q "DENNIS HOLLINGSWORTH c a� E "Member of the Senate" U w The Assembly Daily Journal for the 2005-2006 Regular Session, pages 3670-71, contained the following letter dated Sep- `t tember 8,2005,from Assembly member Gene Mullin,regarding the intent of Stats.2004,c.928(S.B.1818),and Stats.2005,c. 496(S.B.435): "Mr.E.Dotson Wilson 0 ©2014 Thomson Reuters.No Claim to Orig.US Gov.Works. Packet Pg. 1596 6.D.d West's Ann.Cal.Gov.Code§65915 Page 15 "Chief Clerk "California State Assembly "State Capitol,Room 3196 a "Sacramento,California T r a "Dear Mr. Chief Clerk: Last year, Assemblymember Alan Lowenthal chaired the Assembly Committee on Housing and U Community Development and I was a member of that committee.One of the more complex bills before the committee in 2004 06 was SB 1818(Hollingsworth). SB 1818 overhauled state density bonus law. State density bonus law,simply stated,allows a M private developer to receive an increase in the locally enacted unit limitation for a particular housing development project if that developer includes a certain percentage of units that are made available at below market rate to low-income households. C "Many jurisdictions in this state have locally enacted`inclusionary housing' ordinances.I was very concerned that the density 2. bonus revisions made in SB 1818 would pre-empt local inclusionary ordinances.Assemblymember Lowenthal and I requested n. amendments that state that in order to qualify for the density bonus the developer must `seek and agree' to build affordable > housing. The word `seeks' was new language added last year for the first time by the Assembly Housing and Community 0 Development Committee. The stated purpose at that time was to indicate that state density bonus law only triggers when a F developer requests and is not otherwise required to include affordable units. 00 to s N The author argues that the `vast majority of cities and counties believe as I do that[the] language means that any affordable units in a development count toward meeting density bonus requirements,regardless of whether or not the affordable units are o required to be constructed by the local government pursuant to a local ordinance.' However,last year,the Assembly Housing CD Committee did not receive a single letter from any local government entity supporting that statement. In fact the various or- ganizations representing local governments all argued the opposite. N U C. "This year the author removed the `seeks and agrees'language in SB 435.When SB 435 came to the Assembly Committee on N Housing and Community Development I specifically requested that`seeks and agrees'be reinstated in the measure.The reason E I required that language be restored was to make clear that locally enacted inclusionary housing ordinances specifically not be U included within density bonus law. y Q "I acknowledge that the author disagrees with the policy view point,but that was my intent in requiring the amendment last session,and a basis for my support of SB 435 in committee and on the Assembly floor when it came up for vote. E U "Sincerely, a "GENE MULLIN,Assembly Member "Nineteenth District" ©2014 Thomson Reuters.No Claim to Orig.US Gov.Works. Packet Pg. 1597 6.D.d West's Ann.Cal.Gov.Code§65915 Page 16 2014 Electronic Update 2012 Legislation Section 86 of Stats.2012,c. 181 (A.B.806),provides: 0 "SEC. 86.This act shall become operative on January 1,2014,but only if Assembly Bill 805 of the 2011-12 Regular Session [Stats.2012,c. 180,operative Jan. 1,20141 becomes operative on or before January 1,2014." a U Subordination of legislation by Stats.2012,c. 181(A.B.806),to other 2012 legislation,see Historical and Statutory Notes under ,g Business and Professions Code§ 10131.01. M (n Q. 2013 Legislation M a� Stats.2013,c.76(A.B.383),made nonsubstantive changes to maintain the code. a as The 2013 amendment of this section by c. 76(A.B.383), § 102,explicitly amended the 2012 amendment of this section by c. Y 181 (A.B.806),§ 53. F- Subordination of legislation by Stats.2013,c.76(A.B.383),to other 2013 legislation,see Historical and Statutory Notes under 00 Business and Professions Code§ 1202. M 0 CROSS REFERENCES CL a) T Injunction,action to challenge housing project,see Code of Civil Procedure§529.2. Local planning,housing elements,legislative findings and declarations related to reforms and incentives for affordable housing,see Government Code§65582.1. N Planning and land use, actions or proceedings challenging local zoning and planning decisions, requirements for commencement,see Government Code§65009. E Private work of improvement,security for large project,see Civil Code§ 8700 et seq. Prohibiting establishment of Solar Initiative from resulting in diversion of money from any existing low-income rate- Q payer programs or cost-effective efficiency or demand response programs,see Public Utilities Code§2852. C Redevelopment controls,coastal development permit,public access and recreation policies,see Public Resources Code E § 30604. ns 4 CODE OF REGULATIONS REFERENCES Program eligibility and affordability for lower income households,see 25 Cal.Code of Regs. § 6910. LAW REVIEW AND JOURNAL COMMENTARIES ©2014 Thomson Reuters.No Claim to Orig.US Gov.Works. Packet Pg. 1598 6.D.d West's Ann.Cal.Gov.Code§ 65915 Page 17 Bringing home,home:Is there a home rule argument for affordable housing?Jessica A.Tober,20 S.Cal.Rev.L. &Soc.Just. 91 (2011). Does the Costa-Hawkins Act prohibit local inclusionary zoning programs?Nadia I.El Mallakh,89 Cal.L.Rev. 1847(2001). 0 In defense of inclusionary zoning: Successfully creating affordable housing. Barbara Ehrlich Kautz, 36 U.S.F. L. Rev. 971 (2002). a U Unintended consequences: Eminent domain and affordable housing.Matthew J.Parlow,46 Santa Clara L.Rev. 841 (2006). 08 c� M Zone defense; Developers should consider more legally defensible alternatives to zoning variances. James R. Repking and r' CL Kathryn J.Paradise,32 L.A.Law.31 (July/Aug.2009). cc LIBRARY REFERENCES cc a a� 2009 Main Volume c� .a a� Zoning and Planning x'85. Westlaw Topic No.414. C.J.S.Zoning and Land Planning§46. M L O RESEARCH REFERENCES m ca Encyclopedias ) U CL Cal.Jur. 3d Landlord and Tenant§ 166,Preemption of Regulations--State Law Affecting Residential Rental Rates. N m E Cal.Jur. 3d Zoning and Other Land Controls§ 200,Definitions. U a.+ w Cal.Jur, 3d Zoning and Other Land Controls§201,Required Provision of Density Bonuses or Incentives. Q c m E Cal.Jur.3d Zoning and Other Land Controls§202,Density Bonuses. c� Cal.Jur.3d Zoning and Other Land Controls§203,Procedure for Obtaining Incentives or Concessions. Q Cal.Jur.3d Zoning and Other Land Controls§204,Judicial Review. Cal.Jur.3d Zoning and Other Land Controls§205,Preclusive Development Standards. ©2014 Thomson Reuters.No Claim to Orig.US Gov.Works. Packet Pg. 1599 6.D.d West's Ann.Cal.Gov.Code§65915 Page 18 Cal.Jur.3d Zoning and Other Land Controls§297,Generally;Authority to Administer Local Land Use and Zoning Matters. Cal.Civ.Prac.Real Property Litigation§ 14:37,Statutes of Limitations;Preference on Calendar. Cal.Civ.Prac.Real Property Litigation§ 14:105.50,Lower-Income Housing. 0 r Forms ' v n. West's California Code Forms,Civil Procedure§529.2 Form 2,Injunction--Housing Projects--Declaration in Support of Mo- U tion for Order Requiring Undertaking. 06 r� M LO West's California Code Forms, Civil Procedure § 529.2 Form 5, Injunction--Housing Projects--Notice of Motion for Order CD CL Awarding Costs of Undertaking. F5 West's California Code Forms,Civil Procedure§529.2 Form 6,Injunction--Housing Projects--Declaration for Order Awarding Costs of Undertaking. a- w w West's California Code Forms,Government§ 65915 Form 1,Density Bonus Ordinance. _ d H Treatises and Practice Aids N M Cal.Common Interest Devs.: Law and Practice§ 12:18,.Inclusionary Zoning;Below-Market-Rate Programs. 0 0- CD L Cal.Common Interest Devs.: Law and Practice§ 12:20,Residential Density Bonuses. N Cal. Common Interest Devs.:Law and Practice§ 12:48,Statutes of Limitation Under Planning and Zoning Law. a N C Cal.Common Interest Devs.:Law and Practice§ 17:16,Dedication and In-Lieu Fee Payments. U Cal.Common Interest Devs.:Law and Practice§ 12:173,Dolan's Rough Proportionality Requirement. Q u California Construction Law Manual§6:94,Certain Project Owners Must Furnish Payment Bonds or Other Security. s U Rutter,Cal.Practice Guide: Landlord-Tenant Ch. 5-A,A.Introduction. f° a Miller and Starr California Real Estate§25:6,Provisions Regarding the Housing Element. Miller and Starr California Real Estate§25:20,Local Agency Authority Under the Map Act. Miller and Starr California Real Estate§25:37,Standards for Approval or Disapproval--Applicable Standards. ©2014 Thomson Reuters.No Claim to Orig.US Gov. Works. Packet Pg. 1600 i 6.D.d West's Ann.Cal.Gov.Code§ 65915 Page 19 Miller and Starr California Real Estate§25:54,Judicial Review. Miller and Starr California Real Estate§2513:79,Age Restrictions on Occupancy. Miller and Starr California Real Estate §25C:43,Phased Subdivisions,Master-Planned Communities, and Other Long-Term c P Projects. 4 a 13 NO.4 Miller&Starr,California Real Estate Newsalert 18,Subdivisions. 0 U 06 M 14 NO.4 Miller&Starr,California Real Estate Newsalert 17,Subdivisions. M LO CL r 18 NO.6 Miller&Starr,California Real Estate Newsalert 1,Does the Density Bonus Law(Gov.Code§65915)Require Local Government to Approve Mixed Use and Housing Projects Where Local Zoning Does Not Allow Housing at All? L 19 NO. 6 Miller& Starr, California Real Estate Newsalert 1, Enforceable Resale Restrictions: Keeping the Doors Open for c- m Long-Term Affordable Housing. M a c 19 NO.4 Miller&Starr,California Real Estate Newsalert 26,Subdivisions,Land Use Planning,and Approvals. 20 NO.4 Miller&Starr,California Real Estate Newsalert 23,Community Redevelopment Law. v L 0 20 NO.4 Miller&Starr,California Real Estate Newsalert 42,Subdivisions,Land Use Planning,and Approvals. L R 21 NO.6 Miller&Starr,California Real Estate Newsalert 4,CEQA. n U a 24 NO. 1 Miller&Starr,California Real Estate Newsalert 17,Subdivisions,Land Use Planning,and Approvals. a� E Rathkopfs the Law of Zoning and Planning§25:27,State Affordable Housing Legislation. U 4 12 Witkin,California Summary 10th Real Property§ 824,Public and Low-Rent Housing. _ a� E 12 Witkin,California Summary 10th Real Property§ 833,Illustrations. w .r Q 8 Witkin,California Summary 10th Constitutional Law§ 1011,(S 1011)Statutes of Limitation on Attack. NOTES OF DECISIONS Affordable rent 3.2 Construction and application 1 ©2014 Thomson Reuters.No Claim to Orig.US Gov.Works. Packet Pg. 1601 6.D.d West's Ann.Cal.Gov.Code§ 65915 Page 20 Construction with other laws 2 Discretion of city 2.5 Maximum allowable density 3.5 Open spaces and agricultural areas 3 Preservation of issues 4 Sufficiency of evidence 3.7 _ Variances 2.7 ° 1.Construction and application D U 06 Introduction of special use district ordinance before board of supervisors to increase the allowed height and density depending M on the inclusion of affordable housing as a component of development was not an approval of community center's plan to Ln demolish its current facility within the district and build a larger one, and thus the city was not required to certify the envi- ronmental impact report(EIR)for the development before supervisor introduced the ordinance.Neighbors For Fair Planning v. � City and County of San Francisco(App. I Dist.2013)158 Cal.Rptr.3d 681,217 Cal.AppAth 540.Enviromnental Law X605 L a Affordable housing project,and its density bonus,was in compliance with general plan's density standard and was consistent with density bonus law; although project's density, as calculated under zoning ordinance, was alleged to be three times that allowed under the land use element of the general plan density standards,the city did not apply general plan density standards to specific parcels,but rather applied the standards to larger areas of a land use classification surrounding a proposed project,and deemed a project with the density standard if the number of units that would exist in the larger area upon completion of a 00 project,as well as any other approved projects,was consistent with the general plan density standard for that area. Wollmer v. M City of Berkeley (App. 1 Dist. 2011) 122 Cal.Rptr.3d 781, 193 Cal.AppAth 1329, review denied. Zoning and Planning t 0 X1388 C L w Use permit condition which allowed developers of affordable housing project to receive Section 8 subsidies,and thus receive N higher fair market value rents,did not violate the state density bonus law;concept of affordability pertained to the tenant,not U the developer, and intersection of the Section 8 program with the density bonus law resulted in development of more units N provided to the most vulnerable population. Wollmer v. City of Berkeley (App. 1 Dist. 2011) 122 Cal.Rptr.3d 781, 193 c Cal.AppAth 1329,review denied.Zoning and Planning x'1388 E U R w+ When a developer agrees to construct a certain percentage of the units in a housing development for low-or very-low-income Q households,the city or county must grant the developer one or more itemized concessions and a"density bonus,"which allows the developer to increase the density of the development by a certain percentage above the maximum allowable limit under E local zoning law. Wollmer v. City of Berkeley(App. 1 Dist. 2009) 102 Cal.Rptr.3d 19, 179 Cal.AppAth 933, as modified. Zoning And Planning X1388 Q The Density Bonus Law rewards a developer who agrees to build a certain percentage of low-income housing with the op- portunity to build more residences than would otherwise be permitted by the applicable local regulations. Wollmer v. City of Berkeley(App. 1 Dist.2009) 102 Ca1.Rptr.3d 19, 179 Cal.AppAth 933,as modified.Zoning And Planning x'1388 Developer was entitled to density bonus for agreeing to construct a senior citizen housing development as part of its plan for a ©2014 Thomson Reuters.No Claim to Orig.US Gov.Works. Packet Pg. 1602 6.D.d West's Ann.Cal.Gov.Code§65915 Page 21 larger area development project,even though the entirety of the project was not devoted to senior housing,where the developer agreed to provide three times as many senior housing units as were necessary to obtain the bonus under state housing law. Friends of Lagoon Valley v. City of Vacaville(App. I Dist. 2007)65 Cal.Rptr.3d 251, 154 Cal.App.4th 807,review denied. Zoning And Planning 0 13 82(6) When a developer of housing agrees to construct at least 25 percent of the total units of a housing development for persons and families of low or moderate income,local government need not grant a density bonus or provide at least two of the incentives specifically listed in this section,but may provide at least two alternative incentives that are acceptable to the developer and in furtherance of the purpose of the section. 63 Op.Atty.Gen.478,6-9-80. a U a'S 2.Construction with other laws M M tt) r Non-profit corporation's letter to county board of supervisors in which they stated that it was "important that whatever ordi- nance the county adopts be fully consistent with"the Density Bonus Law,and to which they attached an article describing the Law and a sample density bonus ordinance,was insufficient to advise county that draft ordinance implementing the Law im- permissibly required long term affordability covenants on moderate-income units, required a developer to build at a higher a s density that allowed by the zoning code in order to qualify for incentives,and restricted concessions and incentives and requires > unduly burdensome documentation to receive a density bonus,and thus corporation failed to exhaust administrative remedies with respect to those arguments and the Court of Appeal would refuse to consider those arguments. Latinos Unidos Del Valle c a� De Napa y Solano v.County of Napa(App. 1 Dist.2013) 159 Cal.Rptr.3d 284,217 Cal.AppAth 1160,review denied. Statutes �— 1242 00 ca N I County density bonus ordinance, which required developers to include a higher percentage of affordable housing units than _ required by the Density Bonus Law in order to obtain a density bonus by excluding units necessary to satisfy the county's inclusionary requirement from the target units necessary to qualify for the density bonus, impermissibly conflicted with the Density Bonus Law and thus was void;Density Bonus Law's use of words"seeks and agrees"did not grant county authority to N increase the percentage of affordable housing units necessary to qualify for a density bonus,but merely indicated the devel- U oper's decision to seek permission and agree to proceed with a project dedicating a portion of the development to affordable N housing,and ordinance's saving provision,which merely stated that"state law shall supersede"any section which conflicted c m with the Density Bonus Law,did not modify any particular provision of the local ordinance,nor did it identify any provision of E state law that controlled under any particular circumstances. Latinos Unidos Del Valle De Napa y Solano v. County of Napa (App. 1 Dist.2013) 159 Cal.Rptr.3d 284,217 Cal.AppAth 1160,review denied.Zoning And Planning C��1571 Q c City was not precluded from awarding developers a density bonus of 40.5%upon approval of development proposal that in- E cluded plans for low-income, moderate-income, and senior housing, regardless of whether city had passed an ordinance au- thorizing such award,even though state housing law set forth a maximum required density bonus of 35%;the 35%figure was Q the maximum required under the state's sliding scale,not a cap on what the city had authority to award,and the housing law itself indicated that city was not prohibited from granting a greater density bonus,with no requirement that city first pass an ordinance.Friends of Lagoon Valley v.City of Vacaville(App. 1 Dist.2007)65 Cal.Rptr.3d 251, 154 Cal.AppAth 807,review denied.Zoning And Planning X1382(6) County initiative preserving open space and agricultural lands and containing density limit for specific region in county did not ©2014 Thomson Reuters.No Claim to Orig.US Gov.Works. Packet Pg. 1603 6.D.d West's Ann.Cal.Gov.Code§65915 Page 22 prevent county from complying with statute which grants a density bonus for a housing developer who agrees to construct a certain percentage of low income housing, although it may have made compliance more difficult, and thus initiative did not unconstitutionally conflict with state law;initiative specifically stated that none of its provisions shall be applied so as to pre- clude the compliance with state law housing obligations. Shea Homes Ltd. Partnership v. County of Alameda(App. 1 Dist. 2003) 2 Cal.Rptr.3d 739, 110 Cal.AppAth 1246, review denied. Zoning And Planning X1022; Zoning And Planning X1090 0 Municipal growth control initiative which conflicted with state statutes designed to promote construction of low income housing,by encouraging developers to build larger developments with more design and other amenities,was invalid as of date of its adoption. Building Industry Assn. v. City of Oceanside(App. 4 Dist. 1994) 33 Cal.Rptr.2d 137, 27 Cal.AppAth 744, U rehearing denied,review denied.Zoning And Planning�1026 M M Municipal growth control initiative, by discouraging developers from proposing housing qualified for density bonuses, im- permissibly conflicted with state and city bonus law. Building Industry Assn. v. City of Oceanside (App. 4 Dist. 1994) 33 Ca1.Rptr.2d 137,27 Cal.App.4th 744,rehearing denied,review denied. Zoning And Planning C=1033 a� U L Q. 2.5.Discretion of city > w ca City had discretion under Density Bonus Law to award 32 additional"bonus units"for mixed-use development project without enacting a separate zoning ordinance to authorize the award;Law set forth a required maximum bonus percentage,but did not preclude city from exceeding that amount or impose a cap on the bonus award,and Law did not require city to enact an ordi- N nance in order to exceed the required bonus amount.Wollmer v.City of Berkeley(App. 1 Dist.2009) 102 Cal.Rptr.3d 19, 179 �i Cal.AppAth 933,as modified.Zoning And Planning X1388 0 0 Q. a� 2.7.Variances CU .r Zoning standards for height,floor area ratio,and setbacks,which city waived in order for affordable housing project to obtain a density bonus,were not"applicable"for purposes of California Environmental Quality Act(CEQA)guidelines in-fill exemp- tion for projects which comply with"applicable"general plan designations and zoning designations and regulations,and thus 0) project qualified for categorical in-fill development exemption;city reasoned that the density bonus law rendered development standards inapplicable,and city ordinances generally required city to grant density bonuses upon proper application and stated M that use of a density bonus was preferred. Wollmer v. City of Berkeley (App. 1 Dist. 2011) 122 Cal.Rptr.3d 781, 193 Q Cal.AppAth 1329,review denied.Environmental Law X595(2) m E City did not violate density bonus law by accommodating project amenities in the grant of density bonus for affordable housing Y project,even if waiver was not necessary to render projects economically feasible. Wollmer v.City of Berkeley(App. I Dist. Q 2011) 122 Ca1.Rptr.3d 781, 193 Cal.AppAtli 1329,review denied.Zoning and Planning X1388 Zoning variances were required to make mixed-use development project, which included housing bonus units granted under Density Bonus Law,economically feasible such that city could grant variances;developer had requested variances in order to provide the density bonus units,city found that grant of the additional bonus units was required to make the project,and thereby ©2014 Thomson Reuters.No Claim to Orig.US Gov.Works. Packet Pg. 1604 6.D.d West's Ann.Cal.Gov.Code§65915 Pagc 23 the housing units,economically feasible in part because of provision of a number of significant amenities which increased the cost of the project,and had city failed to grant the variances,the result would have effectively precluded the construction of the development,which met the criteria of the Density Bonus Law,and would have frustrated the purpose of the Law to encourage the development of low and moderate income housing. Wollmer v. City of Berkeley(App. 1 Dist.2009) 102 Cal.Rptr.3d 19, 179 Cal.AppAth 933,as modified.Zoning And Planning X1518 3.Open spaces and agricultural areas County initiative measure preserving open spaces and agricultural areas was not inconsistent with existing county policy re- quiring minimum parcel size of 100 acres with a single family home per parcel as fundamental objective of existing policy was U 06 to establish a limit on urban development and to minimize the effects of future urban development on open space and envi- M M ronmental qualities. Shea Homes Ltd. Partnership v. County of Alameda (App. 1 Dist. 2003) 2 Cal.Rptr.3d 739, 110 N Cal.AppAth 1246,review denied.Zoning And Planning X1090 Q 3.2.Affordable rent M d "Affordable rent" within the meaning of the density bonus law is concerned with the rent that a tenant pays, not with the compensation received by the housing provider. Wollmer v. City of Berkeley(App. 1 Dist. 2011) 122 Cal.Rptr.3d 781, 193 Cal.App.4th 1329,review denied.Zoning and Planning X1267 = m H 00 3.5.Maximum allowable density N M There may be inconsistencies between the density permitted under a zoning ordinance as opposed to what is permitted under Q the land use element of a general plan, in which case the latter prevails under the density bonus law. Wollmer v. City of Berkeley(App. 1 Dist.2011) 122 Cal.Rptr.3d 781, 193 Cal.AppAth 1329,review denied.Zoning and Planning X1267 U Design guidelines adopted by redevelopment agency for redevelopment project did not violate statute providing that a density n- N bonus is a percentage increase "above the otherwise maximum allowable residential density for the entire development," in = calculating density bonus based on a density less than the maximum allowable under the applicable zoning ordinance,where the city municipal code authorized redevelopment plans to adopt base densities lower than the maximum allowable under the applicable zoning ordinance.PR/JSM Rivara LLC v.Community Redevelopment Agency Of City of Los Angeles(App.2 Dist. 2009) 104 Cal.Rptr.3d 52, 180 Cal.AppAth 1475.Municipal Corporations X282(1) Q c w E 3.7. Sufficiency of evidence w. Evidence was sufficient to support Board of Supervisors finding that proposed senior residential housing zoning district was Q consistent with both specific and general plans such that application of new zoning district to project site in single-family residential zone was in the public interest and was not arbitrary or capricious,although Board did not cite to any comprehensive plan regarding the housing needs of senior citizens;project was consistent with statewide priorities to increase senior housing, staff report indicated that project was consistent with the housing element of the general plan and explained how the project was consistent with specific plan,and draft environmental impact report(EIR)explained the project's consistency with the land use ©2014 Thomson Reuters.No Claim to Orig.US Gov.Works. Packet Pg. 1605 West's Ann.Cal.Gov.Code§65915 Page 24 design goals and policies of the specific plan. Foothill Communities Coalition v. County of Orange(App. 4 Dist. 2014) 166 Cal.Rptr.3d 627,222 Cal.AppAth 1302,review filed.Zoning And Planning X1049 4.Preservation of issues Citizen group failed to preserve for appellate review its claim that city's total density bonus award to property developer was based on calculations that included allegedly unauthorized senior housing awards,where the group had an opportunity to object to city's calculations at a public hearing but did not do so.Friends of Lagoon Valley v.City of Vacaville(App. 1 Dist.2007)65 Cal.Rptr.3d 251, 154 Cal.AppAth 807,review denied.Zoning And Planning X1592 U 06 West's Ann.Cal.Gov.Code§ 65915,CA GOVT§65915 M u� Current with urgency legislation through Ch. 8 of 2014 Reg.Sess.and all propositions on the 6/3/2014 ballot. C. M a� (C)2014 Thomson Reuters.No Claim to Orig.US Gov.Works. a. a� E END OF DOCUMENT c cD N j M O Q. d i C yam.. U a N L Y I j E U RS w � Q C d E v a ©2014 Thomson Reuters.No Claim to Orig.US Gov.Works. Packet Pg. 1606 6.D.d CITY OF SAN BERNARDINO NOTICE OF PUBLIC HEARING BEFORE THE CITY OF SAN BERNARDINO PLANNNING COMMISSION SUBJECT: TENTATIVE PARCEL MAP 19533(SUBDIVISION 14-08)AND Ward No. CONDITIONAL USE PERMIT 14-10 1 PROPOSAL: A request to subdivide a 4.66-acre parcel to create 2 parcels and construct a 76-unit multi-family housing project in two buildings with on-site amenities including a 2,200-suare foot clubhouse community building and a 1,000-square foot laundry/maintenance facility. A density bonus up to 35% and regulatory concessions for reduction in multi-family development o standards relating to off-street parking,private open space, and open space requirements are also being requested. The project site is r located at the northeast corner of 9"'Street and Valencia Avenue,in the Residential Urban(RU)zone. o. OWNER: Grand Council Enterprises Inc. U APPLICANT: National Community Renaissance of California °d ENVIRONMENTAL RECOMMENDATION: Exempt from CEQA— 15301 —Existing Facilities co rn PUBLIC HEARING LOCATION: HEARING DATE AND TIME: San Bernardino City Hall 300 North"D"Street Wednesday, May 21, 2014 at 6:00 p.m. v Lobby Floor, "Council Chambers" a San Bernardino,California 92418 > Cinformation eceiving this notice because the project site described above C M 500 feet of your property. If you would like further about this proposal prior to the public hearing, please Z °s? e Planning Division at(909)384-5057. o°T' m., Ana r You are welcome to attend the public hearing and address the j 4 M Planning Commission with your comments on this proposal, or you J may submit written comments in favor of or in opposition to the RIVE ST OLIVE ST OLIVE ST proposal to the Planning Division, City Hall, 300 North "D" Street, F d San Bernardino,CA 92418. s aid Decisions of the Planning Commission are final concerning Minor 4 N Use Permits,Development Permits,and Tentative Parcel Maps,unless U U appealed to the Mayor and Council. Appeals to the Mayor and N Council must be made in writing, stating the grounds of the appeal and must be submitted to the City Clerk along with the appropriate fee a) within fifteen days of the decision. E PROJECT Final review and action concerning General Plan Amendments, SITE Y Development Code Amendments, Specific Plans and Development S Q Agreements will be made by the Mayor and Common Council m If you challenge the resultant action of the Mayor and Common E Council in court,you may be limited to raising only those issues you v or someone else raised at the public hearing described in this notice, o or in written correspondence delivered to the City Planning Division Q at,or prior to,the public hearing. E 9TH ST E 9 T Individual testimony on agenda items will be strictly limited to three minutes per person. xoa T,, ;!Imt 1�" LThe 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. 1607 Larry Heasley,Chair Lance Durr,Vice-Chair Andrew en CITY OF SAN BERNARDINO Amelia S..Lopez Lp Frederick Grochulski Dustin Barnhardt COMMUNITY DEVELOPMENT DEPARTMENT Kent Paxton Casey Dailey 300 North "D"Street, San Bernardino, California 92418 Michael Thomas Phone:(909)384-505715071 • Fax:(909)384-5080 Bob Brown,Alt. PLANNING COMMISSION MINUTES o May 21,2014 o. MINUTES OF APRIL 16,2014 06 M CONDITIONAL USE PERMIT 14-01 r TENTATIVE PARCEL MAP 19533 (SUBDIVISION 14-08) AND CONDITIONAL USE PERMIT 14-10 a� 2 L CONDITIONAL USE PERMIT 13-12 a a� CONDITIONAL USE PERMIT 14-02 e DEVELOPMENT CODE AMENDMENT 14-13 00 cc DEVELOPMENT CODE AMENDMENT 14-14 AND CONDITIONAL USE PERMIT 14-09 M DEVELOPMENT CODE AMENDMENT 14-15 N N Ln N C U a Cl) C E ! Q C N E U Q Packet Pg. 1608 6.D.e Chair Heasley called the meeting to order at 6:00 p.m. Commissioner Thomas led the flag salute. Present: Commissioners: Heasley, Durr, Machen, Lopez, Grochulski, Barnhardt, Paxton, Dailey, Thomas. Excused: Brown. Absent: None. Staff present: Mark Persico, Interim Community Development Director; Donn Dimichele, Deputy City Attorney; Aron Liang, Senior Planner. ADMINISTRATION OF OATH ° v Senior Planner Aron Liang administered the oath. a. D CONSENT AGENDA: 06 co M Senior Planner Aron Liang, gave a brief presentation of the consent agenda. c Q. 1. Minutes of April 16, 2014. Staff recommends approval of these minutes. 2. CONDITIONAL USE PERMIT 14-01- A request to modify previously approved a Conditional Use Permit 95-11 for an existing gas station with a convenient store and a car wash facility. The modification would add approximately 1,242-square feet to CU the existing car wash facility, modify the car wash fagade and install five-service outdoor vacuum stations. The project site is located at 4294 North University Parkway, in the CG-1 zone (Commercial General) Refer to Attachment A. 00 Environmental Determination: Exempt from CEQA, Section 15301 — Existing Facility o Applicant: Sanam de Loren APNs: 0266-591-05 LO Ward: 5 Recommended Motion: Staff recommends that the Planning Commission approve _ Conditional Use Permit 14-01 based on the Findings of Fact contained in the Staff a Report and subject to the Conditions of Approval. M E Commissioner Grochulski made a motion to approve the consent agenda. Z Commissioner Dailey seconded the motion. The motion carried by the following vote: Ayes: Heasley, Durr, Machen, Lopez, Grochulski, Barnhardt, Paxton, Dailey, Thomas. Nays: None. Abstain: None. Excused: Brown. Absent: y None. Q PUBLIC COMMENTS -ITEMS NOT ON AGENDA No comments. PUBLIC HEARINGS Packet Pg. 1609 6.D.e 3. TENTATIVE PARCEL MAP 19533 (SUBDIVISION 14-08) AND CONDITIONAL USE PERMIT 14-10 - A request to subdivide a 4.66-acre parcel to create 2 parcels and construct a 76-unit multi-family housing project in two buildings with on-site amenities including a 2,200-suare foot clubhouse community building and a 1,000-square foot laundry/maintenance facility. A density bonus up to 35% and regulatory concessions for reduction in multi-family development standards relating to off-street parking, private open space, and open space c requirements are also being requested. The project site is located at the northeast corner of 9th Street and Valencia Avenue, in the Residential Medium (RM) zone. a D Environmental Determination: Exempt from CEQA, Section 15332 — Infill 06 Development LO Applicant: National Community Renaissance of California APNs: 0147-191-12 a CU Ward: 1 v Recommended Motion: Staff recommends that the Planning Commission recommend that the Mayor & Common Council approve Tentative Parcel Map 19533 (Subdivision 14-08) and Conditional Use Permit 14-10,based on the Findings of Fact contained in the Staff Report and subject to the Conditions of Approval. Co Senior Planner Aron Liang, gave a brief presentation of the project. M Steve Pontel gave a presentation of the project. c N r Commissioner Thomas asked why the 4.66 acre lot was going to be subdivided at the north end where the 60 foot frontage was. v Steve Pontel explained that for the 76 units, they did not need that additional acreage to meet all the requirements for all 76 units on site. The thought behind it was to protect that part of U the land for future development, especially with regard to the possibility to Storm Water M Retention and pathways and connectivity down the line. They wanted to preserve that additional space for those two future options. E Chair Heasley asked if this was part of the overall neighborhood plan and this part will be Q built first to alleviate some of the issues that were brought forth with the Waterman Gardens project about displacement of existing tenants. Commented on how this information, had it E brought forward in the original presentation, would have helped them understand the project a little better. a Steve Pontel continued with some of his presentation and spoke about the security features such as lighting around the complex and the time line for building and completion. He mentioned the integration of economic mobility,job training, health and wellness, and other forms of education. Packet Pg. 1610 6.D.e Commissioner Lopez directed her question to the City Attorney, and asked about the amendment to the conditions. She referenced Item #11C about the total number of dwelling units. She asked if it was changed to protect the City or why it was changed at all. Donn Dimichele, Deputy City Attorney, said that the reason that item had changed was to comply with the Government Code Section that awards the density bonus. The way it was originally written in the Development Code, needs to be amended to be in compliance with the same Government Code. You obtain a Density Bonus a number of ways, one being o Senior Housing, and the other is a Common Interest Development with middle income v people. In this case, the developer is electing to do either a low or a very low income a development. They haven't made the election as of yet, and when he had spoken to their U attorney just that afternoon, they wanted to retain the ability to elect one or the other. The fits government code says they have to make an election as to which one they will proceed on, so M the intent is to amend the Conditions of Approval whether they decide to go with low income or extremely low income. CU Commissioner Lopez asked if they would end up choosing either option A or B in the v CU Conditions. a Donn Dimichele,Deputy City Attorney, said that is correct, that those are the choices. c c Robert Hooker,31011 Bedford Ave.,Redlands, spoke in favor. CO Judy Castorena,539 Sycamore Cir., San Bernardino, spoke in favor. v Chair Heasley stated that he had one Condition he wanted to change. He referenced N Attachment C, page four, Subsection L. He wanted to amend the Condition from one year N plan establishment on land development, to three years. u Senior Planner Aron Liang helped Chair Heasley by explaining that what he was referring to was the Staff Report where it referenced Land Development. It stated that prior to U occupancy the developer shall post a bond to guarantee the maintenance and survival of e. project landscaping for the duration of one year. Chair Heasley is proposing to extend that time frame to three years. E Steve Pontel confirmed that it would be no problem. Q u Chair Heasley thanked the developer and mentioned getting that changed in the Development Code for the future. w Commissioner Dailey asked about some information in the Staff Report regarding a benefit e to the City's RHNA numbers. He asked if it could be explained and if the RHNA numbers were short. Senior Planner Aron Liang clarified that Commissioner Dailey was referring to the Staff Report on page four, regarding the RHNA. He mentioned that our City's Housing Element Packet Pg. 1611 6.D,e was recently approved, and in the document it discusses goals to fulfill regarding housing needs. Based on that information, this housing development will help fulfill that gap. Commissioner Dailey clarified that we are short on the RHNA and that this would help our numbers. Senior Planner Aron Liang said that was correct. We are trying to reach our goals constantly in every aspect and with this project we are doing that. o 4 Commissioner Dailey asked about the three concession items listed in the Staff Report. The a first item was Private Open Space requirements requires that each dwelling unit shall have a v private (walled)patio or balcony not less than 300 square feet in area or 25% of the dwelling unit as size,whichever is less. He asked for clarification on this item. LO Senior Planner Aron Liang said that staff had been discussing this in length, and deferred to the project architect to answer questions regarding this item. CD U L Soong Kim, Architect, explained that each unit would have a private balcony ranging from 60sgft to 100sgft depending on where they occur. Every unit will have one, but they don't meet large private spacing for anything larger. c d Commissioner Dailey then asked about concession item two that says Off-street Parking Requirements requires 175 parking stalls. The applicant is requesting a concession from N minimum off-street parking requirements to provide 113 parking stalls. He asked how parking was going to work and if they would be relying on on-street parking. 0 N Senior Planner Aron Liang deferred to Steve Pontel to address the question. N Steve Pontel said that they believe that 1.5 parking space per unit is adequate based on the 2 need of the residents. In regards to the additional parcel to the North, we could incorporate that into additional parking. They don't believe it's necessary, but they want to make sure the space is adequately parked. M Commissioner Dailey then asked about the RAAD program. He wanted to better understand the aspects of the program. He understood that the larger portion of Waterman Gardens still needed to identify all funding sources. He asked if that was correct. Q c Steve Pontel said that was correct. E U Commissioner Dailey then asked if the financing the RAAD program would provide would go towards the larger portion of Waterman Gardens or the 76 units on the table now. Q Steve Pontel said that it would go towards both. 76 units of funding would be used for this project, and subsequent RAAD funding would be used for the subsequent phases of Waterman Gardens. �u Packet Pg. 1612 6.D.e Commissioner Dailey asked if that is where the RAAD approval for 252 units comes in. Steve Pontel said that was correct. Commissioner Dailey asked if those 252 units were included in the larger project and this smaller project. Steve Pontel said yes, that was correct. o^ T 4 Commissioner Dailey confirmed that we were looking at 76 here at this location, and then a about 177 at the larger site. U 06 Steve Pontel said that was correct. M c� T Commissioner Dailey asked how many units were proposed at the large site. Steve Pontel said that there 411 units at the larger site. i a Commissioner Dailey said that out of the 411 units, about 177 of them would have RAAD funding, Tax Credit or financing. His concern was that there are 411 units and some of those o are planned to be market rate, some are not, some are low and very low income, and then there are 76 here at this location. He's concerned with getting a net 76 increase in low and CO very low in the overall project. N M Steve Pontel said that the 76 units build here would replace 76 units at the larger site. Those 76 units on site would then move into market rate ownership or rentals, but they are still N looking at how to financially balance the site. The determination of those units being built N will be in the market. That is one of the challenges or opportunities, if they can create a N market for market rate units that can be built on that site. 2 Chair Heasley asked if the intent of reducing Waterman Gardens by 76 units was documented anywhere in the formal plan. M Steve Pontel said that he didn't believe that there had been a modification to the development agreement stating that was going to happen. He explained that the Housing Authority's ability to apply for the RAAD funding is limited to the number of units they Q have. There would not be additional dollars for additional units on the site, based on any kind of current financial formulas. Their intent for the neighborhood is to balance the market rate with the subsidized and add in as much market rate as possible. If they needed to go back and revisit the phases of market rate on the site, they would be more than happy to and take care of the 76 units. Q Commissioner Lopez addressed the 76 unit concern and stated that Waterman Gardens was intended to be a mixed housing development to meet our obligations for the RHNA as well as bringing the extras that had been talked about like economic ability and market rate homes. Now, she stated, it sounds weaker. Even though the market rate will fluctuate, every Packet Pg. 1613 6.D.e effort will be made to realize what was initially proposed. She emphasized what Chair Heasley was trying to ask, whether the changes had been written somewhere or do we need to write it down. Steve Pontel stated that 252 units of family housing is limited to the number of affordable units that they will be putting into the neighborhood. There are also senior units that are also affordable, but it's our intention to have the rest of the units be at market rate. The only part that is wishy-washy is that if they can do an additional 76 units at market rate. The question o of the total number of affordable units is limited. They are planning on the 252 units and they are happy to document the change. a U Commissioner Barnhardt asked if this was being treated as more of a private development 06 than Waterman Gardens. CO LO rn Steve Pontel clarified that they are both private developments. Waterman Gardens is C currently owned and run by the Housing Authority as a government entity, and as they move 2 CD through the process, the ownership/management will be transitioned to National Core. The entire site will be owned and managed as a private development as opposed to a public a. housing development. w Commissioner Grochulski asked about the concessions and what would be the difference on subdividing parcel two. He asked if the concession not have to be as great. 00 Steve Pontel stated that they don't believe that they are asking for any concessions that are M detrimental to the project. They believe the amount of public open space is a massive amount of space, and that there is adequate amounts of private space and an adequate amount N of parking. The reason we are asking for the concession, and even with the amount of N financial resources were are able to pull together, is because this is a hard development deal y to do. He explained that historically cities would come in with significant amounts of money for projects like this, about 20% to 30% of the cost. What they are trying to do is drive down =_ the cost of the development and utilize alternative funding sources in order to make up for U that funding from the city they are not receiving. a M Commissioner Grochulski asked about the additional parcel and if they would avoid putting a) fund towards it immediately due to the subdivision. Z Q Steve Pontel said they have the option on the property, assuming approval; they would buy the parcel and own it. s U Commissioner Dailey asked about what assurances do we have in the Conditions of Approval or Development Agreement that gives the residents of Waterman Gardens first opportunity of occupancy. Steve Pontel said that with regard to relocation, the number one priority for them is they will obey the law. They will be able to provide quality opportunity with programming to support those families that are willing to be the first movers and move into this property from Waterman Gardens. For those families that have children going to Phillips School, there will fir.. Packet Pg. 1614 6.D.e be an integrated afterschool program. In addition to that, the quality of the units and community space will be attractive incentives for the existing families at Waterman Gardens. Commissioner Lopez stated that her understanding was that Waterman Gardens would be constructed in phases. Out of those sections you are selecting first, those are the individuals that will have the option to move here or locate housing somewhere else. Steve Pontel explained that there would be a variety of options for residents at Waterman o Gardens. He deferred to Dan Nakerman for further explanation. 0- Dan Nackerman President and CEO of San Bernardino Housing Authority, explained U that the residents are automatically protected the US Department of Housing Development by 06 having to follow the Uniform Relocation Act. That protection provides funding and rent and relocation costs along with the agreement with Waterman Gardens, the residents are protected, and this adds one more choice for those residents. a Commissioner Dailey asked about the time line and how confident they were in getting the L RAAD funding. a Steve Pontel explained that the RAAD funding had already been allocated to them for this project. At this point, they are in jeopardy of losing the RAAD funding if they were not able to move forward. This program is a flagship pro ram and there is a cap on applying. There co is only one chance to apply and use the credit or it is gone. N ' M Commissioner Dailey asked if March 2015 was a realistic goal for them. 0 N Steve Pontel said yes, that with the funding, they would be under construction by March of N 2015. LO Y Commissioner Grochulski asked about Condition Item I IC, and why would they not want to elect either option I IA or I I at this time. U D. Byron Ely explained that part of the reason would be due to the tax credits they are receiving and other sources of funding. The mix of affordability may be something to structure differently depending on the resources. Y Q Commissioner Paxton made a motion to recommend that the Mayor & Common Council approve Tentative Parcel Map 19533 (Subdivision 14-08) and Conditional Use Permit 14-10, based on the Findings of Fact contained in the Staff Report and subject to the Conditions of Approval as mended. Q Commissioner Thomas seconded the motion. The motion carried by the following vote: Ayes: Heasley, Durr, Machen, Lopez, Grochulski, Barnhardt, Paxton, Dailey, Thomas. Nays: None. Abstain: None. Excused: Brown. Absent: None. Packet Pg. 1615 6.D.e ADJOURNMENT Commissioner Dailey made a motion which was unanimously carried, to adjourn the Planning Commission meeting at 10:00 p.m. The next regular meeting was scheduled for Wednesday, June 21, 2013 at 6:00 p.m. in the Council Chambers, First Floor, 300 North "D" Street, San Bernardino, California. c T r Minutes Adopted by Planning Commissioners: D U Date Approved: M Minutes Prepared by: LO CL a� v �o a Stephanie Sanchez Executive Assistant Y c co W N M d' r O N T N N Y C U a M Y C N E t U Y Y Q C E s Y Q Packet Pg.1616 6.D.f NOTICE OF PUBLIC HEARING Notice is hereby given that the Mayor and Common council of the City of San Bernardino will hold a public hearing on Monday,June 16,2014,at 4:00 p.m. or thereafter in the Council Chambers,City Hall, 300 North"D" Street, San Bernardino,California 92418,on the following item: TENTATIVE PARCEL MAP 19533 (SUBDIVISION 14-08)AND CONDITIONAL USE PERMIT 14-10 —A request to subdivide a 4.66-acre parcel to create 2 parcels and construct a 76-unit multi-family housing project in two buildings with on-site amenities including a 2,200-suare foot clubhouse community building and a 1,000-square foot laundry/maintenance facility. A density bonus up to 35% and regulatory concessions for reduction in multi-family c development standards relating to off-street parking,private open space,and open space requirements are also being 4 requested. The project site is located at the northeast comer of 9t'Street and Valencia Avenue,in the Residential Urban a (RU)zone. D U Environmental Determination: Exempt from CEQA-Section 15332—Infill Development 06 M Owner: Grand Council Enterprises Inc. co Applicant: National Community Renaissance of California APN: 0147-191-12 a Ward: 1 CD The City of San Bernardino welcomes your participation in evaluating these items.The Mayor and Common Council will P review the proposal and will consider the proposed environmental determination in making a decision. The public is of°. welcome to speak at the public hearing or to submit written comments prior to the hearing.For more information,please contact the Community Development Department at City Hall,or by phone at(909)384-5057. If you challenge the resultant action of the Mayor and Common Council in court,you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice,or in written correspondence delivered to 00 the City Planning Division at,or prior to,the public hearing. N M N Submitted: May 27,2014 Publish: May 30,2014(Legal Ad) y Please send first proof for verification or changes by e-mail to Stephanie Sanchez: Sanchez stephanie(&,sbcit�org. c North E Please reference"PC Display Ad"on the billing and send to the City of San Bernardino,Planning Division,300 "D"Street,San Bernardino,CA 92418 Q c m E U f6 a Packet Pg. 1617 •itered Into Req. at MCC Mtg. agenda Item No: MEMORANDUM OF WAIVER 'Ity Clerk �n T s Memorandum of Waiver ("Memorandum") is made on June 2014 by The ^f -�Hou hority of the County of San Bernardino, a public body, corporate and politic ("Landowner"), with respect to the following matters: A. On February 18, 2014, Landowner and the City of San Bernardino ("City") entered into a development agreement ("Development Agreement") with regard to certain improved residential real property located in San Bernardino which is commonly known as Waterman Gardens ("Existing Project"). B. Concurrent with entry into the Development Agreement, the City also approved Conditional Use Permit No. 11-13 ("Conditional Use Permit") and Tentative Tract Map No. 18829 ("Tentative Tract Map")to facilitate development of the Existing Project. C. Pursuant to the Conditional Use Permit, the Tentative Tract Map and the Development Agreement, Landowner was approved and has the legal right to demolish certain existing improvements and construct a four hundred eleven (411) unit residential development consisting of seventy-three (73) senior citizen units, eighty-six (86) market-rate units and two hundred fifty-two (252) low income units. D. Landowner or its developer ("Developer") is also developing a nearby residential development at 91h Street and Valencia Avenue in San Bernardino ("Adjacent Project"), which will include seventy-five (75) low income units. Developer intends the construction and operation of such seventy-five (75) low income units at the Adjacent Project to reduce the number of low income units that will be constructed and operated at the Existing Project by seventy-five (75). Accordingly, the purpose of this Memorandum is to document Landowner's waiver of the right to build more than one hundred seventy-seven (177) low income units at the Existing Project and Landowner's agreement to approve an amendment to the Development Agreement confirming Landowner's waiver. NOW THEREFORE, conditioned only on construction and operation of the Adjacent Property, Landowner hereby (1) waives its right to construct and/or operate more than one hundred seventy-seven (177) low income units at the Existing Project; (2) from and after completion of construction of the Adjacent Project, waives any existing or implied right to reoccupy seventy-five (75) existing units at the Existing Project as low income units; and (3) agrees to approve an amendment to the Development Agreement confirming Landowner's waiver. ACKNOWLEDGED: THE HOUSING AUTHORITY OF THE COUNTY OF SAN BERNARDINO, a public CITY OF SAN BERNARDINO body, corporate and politic By: By: Name: Name: Its: Its: Memorandum of Waiver 002 N276-000--1374429.1