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HomeMy WebLinkAbout06.B- Community Development 6.B ORDINANCE (ID #3315) DOC ID: 3315 D CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Public Hearing From: Mark Persico M/CC Meeting Date: 07/07/2014 Prepared by: Aron Liang, (909) 384-5057 Dept: Community Development Ward(s): 5 Subject: Ordinance of the City of San Bernardino Adopting Development Code Amendment/Zoning Map Amendment 14-12, to Amend Development Code Chapters 19.02 and 19.04 to Add 10.16 Acres on Northpark Boulevard, Northwest of University Parkway, to the Residential Student Housing Zone and to Add Certain Development Standards to the Residential Student Housing Zone. (FIRST READING) (#33I5) Current Business Registration Certificate: Not Applicable Financial Impact: j Increased property value. Mayor to open the hearing. . . Motion: Close the hearing; and lay over Ordinance for final adoption. Synopsis of Previous Council Action: None. Background: On June 18, 2014, the Planning Commission recommended that Mayor and Common Council approve Development Code Amendment/Zoning Map Amendment 14-12, based upon the Findings of Fact contained in the staff report. PROJECT DESCRIPTION I The purpose of this request for the Mayor and Common Council's consideration is as follows: 1. Amendment to Chapter 19.02.050 (Definitions)"Student Housing Complex"; 2. Amendment to Section 19.04.010(2)(E)(4)RSH (Residential Student Housing) Zone; and 3. Amendment to add Section 19.04.030(2)(V)(16) regarding development standards for student housing. The amendments would allow for the development of additional student housing in proximity to Cal State San Bernardino, near the northwest corner of University Parkway and Northpark Boulevard as part of Tract 17703-2, Lot 1 and Tract 17703-3 Lots, 1, 2, and 3. BACKGROUND Updated: 6/26/2014 by Georgeann"Gigi"Hanna D Packet Pg. 877 3315 September 7, 2002 - The Planning Commission recommended approval of Development Code Amendment 01-02 to the Mayor and Common Council, to create a Residential Student Housing (RSH) Zone and to assign this designation to 8.28 acres on the south side of Northpark Boulevard, East of University Parkway. October 7, 2002 - the Mayor and Common Council approved Development Code Amendment 01-02, to create a Residential Student Housing (RSH) Zone and to assign this designation to 8.28 acres on the south side of Northpark Boulevard, East of University Parkway. April 4, 2006 - The Planning Commission approved Tract Map 17703 and Conditional Use Permit 05-30 for The Promenade @ University Park housing and commercial development. April 30, 2014- The applicant submitted DCA 14-12 to the Planning Division. May 27, 2014 - A 1/8-page legal ad was submitted to the Sun Newspaper for publishing on May 27, 2014, advertising the June 18, 2014 Planning Commission hearing on DCA 14-12. May 29, 2014 - The Development/Environmental Review Committee (D/ERC) reviewed the request for DCA 14-12. June 17, 2014 -the Legislative Review Committee (LRC)reviewed the request for DCA 14-12. ANALYSIS The Tract Map for the 164-unit townhome project was approved in 2006. The applicant is now seeking to convert 104 townhomes into a student housing complex. The remaining 64 units will be constructed as housing available to the general public. Currently student housing is only permitted in one location; an 8.28 acre parcel south of Northpark Boulevard and east of University Parkway (Exhibit 1). A request has been made by J.R. Watson & Associates to expand the area for student housing to include an additional 10.16 acres located at the northwest corner of University Parkway and Northpark Boulevard (Exhibit 2). The applicant has submitted an application to place the designation of a student housing project on approximately 10.16 acres fronting Northpark Boulevard, northwest of the intersection of Northpark Boulevard and University Parkway, and across the street from California State University San Bernardino (CSUSB). The site is in the CG-2 and CG-3 Zoning Districts, which allows mixed-use developments, and is also in the Transit District (TD) Overlay Zone which allows student housing. The TD Overlay Zone will be maintained on the site. The Residential Student Housing Zone (RSH) is proposed to be applied to the base zones. The TD Overlay Zone will be maintained on the site. This request would establish the official designation of a student housing complex containing up to 800 beds for students (primarily first and second year students), within walking distance of CSUSB to serve the student body, faculty and staff of CSUSB. The site is adjacent and west of the campus of CSUSB. A central clubhouse and pool is a component of the project. The Updated: 6/26/2014 by Georgeann"Gigi"Hanna D I Packet Pg. 878 3315 proposed amendments will expand the definition and location of"Student Housing Complex" to add 10.16 acres (Exhibits 3 and 4) and add new development standards regulating student housing development (Exhibit 5). The University supports the project and the additional housing will help the school improve the quality of life for students (Exhibit 6). The classification of the site as an "official" student housing site requires the placement of the site in a RSH Zone. It is desirable to make amendments to the text of the Development Code to establish clear standards in the code for development and operations that fit "townhome style" student housing. The proposed style of student housing for the project site is townhome style student housing. The first phase of the student housing was constructed as apartment flats. The proposed amendment would expand the type of construction from apartment flats to townhomes. Under the standards of the RSH Zone, a Conditional Use Permit is required to construct a student housing project. The applicant is seeking to amend the existing Conditional Use Permit No. 06- 04 to better fit the applicant's townhome style student housing project. The project will include a variety of amenities including a clubhouse/recreation building and pool. Parking will be provided both behind gates at the complex and along the eastern boundary of the site. In accordance with the goals and objectives of the City's recently adopted TD Overlay Zone, an overlay zone covering the project site, the project design encourages an appropriate mix and intensity of land uses in a compact pattern around a transit station that will foster transit usage, create new opportunities for economic growth, reduce dependency on the automobile, and improve air quality. The proposed townhome style housing is superior to apartments in quality of construction and flexibility. In addition, physical pedestrian pathways and walkways have been designed to link the student housing complex with the campus. In accordance with the purpose of the TD Overlay Zone, the student housing complex is adjacent to a transit station with surrounding pedestrian amenities, and abuts the retail center currently under construction. The overall project known as The Promenade (18.82 acres) is being planned and developed with appropriate mix and intensity of uses which includes retail shops, food establishments, entertainment, residential uses, and recreational facilities. These uses support transit use and are placed for convenient access by transit riders, pedestrians, and bicyclists; and, in turn, support the student population enrolled at CSUSB. The existing student housing is at capacity and additional housing is needed to serve the students attending CSUSB. Studies conducted for the University estimate that an additional 2,439 beds are needed on or near the campus. This project will help satisfy approximately one-third of the demand. The student housing project is designed to be occupied by undergraduate students, graduate students and some faculty. The project applicant will covenant to the City that the occupants of the student complex will be students enrolled at California State University, on-site managers living in the student housing complex, visiting relatives of students enrolled at California State University, and visiting facility, staff and persons affiliated with the California University Updated: 6/26/2014 by Georgeann"Gigi"Hanna D Packet Pg. 879 iiblW�r' iiie IrIY`YIYMIWO _'— �YIkPMmWIANik riiYlN IIIYYII�iIWtiiYIrYiYlii 3315 system. FINDINGS OF FACT In order for the Planning Commission to recommend approval of the Development Code Amendment the following Findings of Fact must be made pursuant to Development Code Section 19.42.050: The proposed amendment is consistent with the General Plan. The proposal is to amend the boundaries of the Residential Student Housing (RSH) Zone in certain areas. The underlying zoning and land use designations will not be affected. Therefore, the proposed amendment will continue to be consistent with the General Plan. The amendment is consistent with the following General Plan policy: Policy 2.2.1, which calls for compatibility between land uses and quality design through adherence to the standards and regulations in the Development Code and policies and guidelines in the Community Design Element. The amendment will result in allowing a student housing complex containing up to 800 beds for students (primarily first year Freshmen and second year students), within walking distance of CSUSB to serve the student body, faculty and staff of CSUSB. Thus, the amendment will be consistent with this policy. 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. The amendment will enable CSUSB to provide not only student apartments such as University Villages but also "Townhome style" student housing complexes with amenities. Further, it is desirable to establish clear standards in the Code and operations that fit "Townhome style" student housing that will benefit the public interest, health, safety, convenience and welfare of the City. FINANCIAL IMPACT There will be no direct impact to the General Fund. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) The proposed Development Code Amendment is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines, because the effect of the amendment would not result in a significant direct or reasonably foreseeable indirect physical change in the environment. CONCLUSION The proposed project satisfies all Findings of Fact for approval of Development Code Amendment/Zoning Map Amendment 14-12. Updated: 6/26/2014 by Georgeann"Gigi"Hanna D Packet Pg. 880 3315 RECOMMENDATION Staff recommends that the Planning Commission recommend approval of Development Code Amendment/Zoning Map Amendment 14-12 to the Mayor and Common Council,based upon the Findings of Fact contained in the staff report. City Attorney Review: Supporting Documents: Ordinance 3315 (PDF) Ordinance Ex A-Proposed Text Amendment (DOCX) Ordinance Ex B -RSH Zone Text Amendment (DOCX) Ordinance Ex C -New Development Standards (DOCX) Attachment 1 - Existing Student Housing Location (DOCX) Attachment 2 -New Student Housing Location (DOCX) Attachment 3 -PC Staff Report (PDF) Attachment 4 - PC Minutes 06 18 2014 (DOC) Attachment 5 -MCC Display DCA (DOC) CSUSB - Letter of Support- DCA 14-12 (PDF) Updated: 6/26/2014 by Georgeann"Gigi"Hanna D Packet Pg. 881 1 ORDINANCE NO. 2 ORDINANCE OF THE CITY OF SAN BERNARDINO ADOPTING DEVELOPMENT CODE AMENDMENT/ZONING MAP AMENDMENT 14-12, TO 3 AMEND DEVELOPMENT CODE CHAPTERS 19.02 AND 19.04 TO ADD 10.16 4 ACRES ON NORTHPARK BOULEVARD, NORTHWEST OF UNIVERSITY PARKWAY, TO THE RESIDENTIAL STUDENT HOUSING ZONE AND TO ADD 5 CERTAIN DEVELOPMENT STANDARDS TO THE RESIDENTIAL STUDENT HOUSING ZONE. 6 7 WHEREAS, the current Development Code was adopted in 1991; and N WHEREAS, the current General Plan was adopted in 2005; and $ WHEREAS, Development Code Amendment/Zoning Map Amendment 14-12 is a 9 proposal to amend Development Code Chapter 19.02, Section 19.02.050 (Definitions) 10 "Student Housing Complex"; and Chapter 19.04, Sections 19.04.010(2)(E)(4) RSH a 11 (Residential Student Housing) Zone and 19.04.030(2)(V) Student Housing Complex; to add 'a 0 12 10.16 acres on the West side of Northpark Boulevard, Northwest of the intersection of v c aD 13 University Parkway and Northpark Boulevard in Tract 17703-2 Lot 1 and Tract 17703-3 Lots a O 14 1, 2, and 3 to the RSH Zone; and to add certain Development Standards to the RSH Zone; and WHEREAS, on June 18, 2014, the Planning Commission of the City of San ° 15 Ln Bernardino held a noticed public hearing to consider public testimony and the staff report M 16 recommending approval of Development Code Amendment/Zoning Map Amendment 14-12 Ln 17 to the Mayor and Common Council; and 18 WHEREAS, notice of the public hearing for the Mayor and Common Council's 19 consideration of the proposed ordinance was published in The Sun newspaper on June 24, o 20 2014. 21 s M 22 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE a 23 CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 24 25 SECTION 1. The Mayor and Common Council find that the above-stated Recitals 26 are true and hereby adopt and incorporate them herein. 27 SECTION 2. Compliance with the California Environmental Quality Act. The 28 Mayor and Common Council finds that Development Code Amendment/Zoning Map 1 Packet Pg.882 6.B.a 1 Amendment 14-12 is exempt from the California Environmental Quality Act (CEQA) 2 pursuant to Section 15061(b)(3) of the CEQA Guidelines, because the effect of the amendment would not result in a significant direct or reasonably foreseeable indirect 3 4 physical change in the environment. 5 SECTION 3. Findings of Fact. The Mayor and Common Council hereby adopts 6 the following Findings of Fact: 7 1. The proposal is to amend the boundaries of the Residential Student Housing (RSH) N Zone in certain areas. The underlying zoning and land use designations will not be affected. 8 y 9 Therefore, the proposed amendment will continue to be consistent with General Plan Policy W 10 2.2.1, which calls for compatibility between land uses and quality design through adherence C to the standards and regulations in the Development Code and policies and guidelines in the 11 Community Design Element. The amendment will result in allowing a student housing 0 12 U complex containing up to 800 beds for students (primarily first year Freshmen and second year a) 13 0 students), within walking distance of CSUSB to serve the student body, faculty and staff of o 14 CSUSB. Thus, the amendment will be consistent with this policy. o 15 LO 16 2. The proposed amendment will enable CSUSB to provide not only student M apartments such as University Villages but also "Townhome Style" student housing 17 complexes with amenities. Further, it is desirable to establish clear standards in the Code c 18 and operations that fit "Townhome Style" student housing that will benefit the public = 19 interest, health, safety, convenience and welfare of the City. p 20 E 21 SECTION 4. Development Code Amendment/Zoning Map Amendment 14-12, 22 attached hereto as Exhibits A, B, and C and incorporated herein by reference, is hereby a 23 adopted based upon the Findings of Fact contained in this Resolution. 24 25 26 27 28 2 Packet Pg.883 63.a 1 SECTION 5. Severability: If any section, subsection, subdivision, sentence, or 2 clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision 3 shall not affect the validity or effectiveness of the remaining portions of this Ordinance or 4 any part thereof. The Mayor and Common Council hereby declares that it would have 5 h section irrespective of the fact that an one or more subsections subdivisions adopted each y > p P 6 sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. 7 v 9 E 10 E a 11 0 12 C 0 13 0 14 0 15 Ln M 16 LO 17 M N 18 C C 19 o 20 21 E 22 a 23 24 25 26 27 28 3 Packet Pg.884 . `-.._. .....,,_ fiiWil:'a`ffYiiIYYYYIYliW1Y17YIFiYI YI1ww1 6.B.a 1 ORDINANCE OF THE CITY OF SAN BERNARDINO ADOPTING DEVELOPMENT CODE AMENDMENT/ZONING MAP AMENDMENT 14-12, TO 2 AMEND DEVELOPMENT CODE CHAPTERS 19.02 AND 19.04 TO ADD 10.16 ACRES ON NORTHPARK BOULEVARD, NORTHWEST OF UNIVERSITY 3 PARKWAY, TO THE RESIDENTIAL STUDENT HOUSING ZONE AND TO ADD 4 CERTAIN DEVELOPMENT STANDARDS TO THE RESIDENTIAL STUDENT HOUSING ZONE. 5 6 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor 7 and Common Council of the City of San Bernardino at a meeting thereof, held N on the day of , 2014, by the following vote to wit: v 8 aD 9 E Council Members: AYES NAYS ABSTAIN ABSENT 10 MARQUEZ a d 11 BARRIOS 12 VALDIVIA E 13 SHORETT o 14 NICKEL o 15 JOHNSON _ _ _ _ Ln M 16 MULVIHILL LO 17 M M G1 18 Georgeann Hanna, City Clerk 19 0 20 The foregoing Ordinance is hereby approved this day of 21 , 2014. 22 a R. CAREY DAVIS, Mayor 23 Approved as to form: City of San Bernardino 24 GARY D. SAENZ 25 City Attorney 26 By: '� " 27 2:75 L 28 4 Packet Pg. 885` 6.B.b Exhibit A Development Code Section 19.02.050 (Definitions) N r Amend the text 19.02.050 (Definitions)to read as follows: _ a� (The new text has been underlined.) E a� E Q "Student Housing Complex. A building or buildings containing townhomes and/or multiple v family dwellings which allow for each bedroom to be leased to students attending California c0 State University, San Bernardino,which provides common area amenities for units with kitchen facilities ranging from one to no more than six bedrooms per unit. The site shall be adjacent to E California State University, San Bernardino,bus service shall be available (within 500 feet of a o bus stop), and retail services shall be within 2000 feet of the site. The designation will be d applied only to projects and parcels located within 500 feet of California State University, San Bernardino and specifically, only on the 8.28 acres on the south side of Northpark Boulevard, LO east of University Parkway, as designated in General Plan Amendment No. 01-06, and the 10.16 M acres on the west side of Northpark Boulevard, northwest of the intersection of University Parkway and Northpark Boulevard in Tract 17703-2 Lot 1, and Tract 17703-3 Lots 1, 2 and 3." _ 0 0 o! W E _ m E Q X H d 0 0. 0 L a Q x W CD _ _ L 0 .M _ E s Q Packet Pg. 886 Exhibit B Development Code Section 19.04.010(2)(E)(4) RSH (Residential Student Housing)Zone N r Amend the text 19.04.01(2)(E)(4)to read as follows: _ (The new text has been underlined.) E a� E "The overlay district is specifically designed to allow student housing complexes on lots located within 500 feet of California State University San Bernardino, and which are at least five acres in 0 U size, at a maximum density of 20 units per acre and with no more than 75 bedrooms per acre, and specifically, only on the 8.28 acres on the south side of Northpark Boulevard, east of University E Parkway, as designated in General Plan Amendment No. 01-06, and the 10.16 acres on the west o side of Northpark Boulevard,northwest of the intersection of University Parkway and No"ark Boulevard in Tract 17703-2 Lot 1, and Tract 17703-3 Lots 1, 2 and 3. In the event that the o project no longer houses California State University, San Bernardino students or is demolished, further use of the site will revert back to the underlying land use district policies and standards." M _ as E E Q X a� m _ 0 N Z CO X W d 0 c ca c O r C d E V tC r a Packet Pg. 887 6.B.d Exhibit C Development Code Section 19.04.030(2)(V)(16) Development Standards Add new Section 19.04.030(2)(V)(16)to read as follows: d (The new text has been underlined.) d E a 16. Townhome Student Housing complexes are only permitted in the Residential Student ci Housiniz District on lots within 500 feet of California State University, San Bernardino, an d only the 10.16 acres on the west side of Northpark Boulevard, north of University Parkway a in Tract 17703-2 Lot 1 and Tract 17703-3 Lots 1, 2 and 3. 4) (a) Whenever the requirements of this Section 19.04.030(2)(V)(16) conflicts with the a underlying base zone specific plan, or other requirements of the Development Code, ° the requirements of this Section 19.04.030(2)(V)(16) shall og vern. r (b) Townhome Student Housing complexes are only permitted in the Residential Student Housin,g District on lots within 500 feet of California State University, San T Bernardino and on only the 10.16 acres on the west side of No"ark Boulevard, o north of University Parkway_ N (c) The requirements specified above in Section 19.04.030(2)(V)(2),(3), (5), (6 and 13) shall apply to a Townhome Student Housing complex. (d) The maximum density of a townhome student housing complex is 80 beds per acre. (e) The minimum townhome unit size shall be as follows: _ a. 1-bedroom 600 square feet in b. 2-bedroom 800 square feet c. 3-bedroom 1,000 square feet d. 4-bedroom 1,200 square feet o e. 5-bedroom 1,400 square feet f. 6-bedroom 1,600 square feet o (f) A minimum of 5 percent of the bedrooms in the student housing project shall be designed as bedroom studios that meet Americans with Disabilities Act(ADA) z standards, including a private bathroom and facilities for preparation of food 6 (includin�ge,refrigeration and cooking). W (g) Townhome Student Housing complexes are not required to provide a balcony or patio for each bedroom and/or each unit provided the site of the student housing project is within 1,000 feet of a public park and the student housing project provides indoor and outdoor living,space for passive and active recreational uses equivalent to a minimum o of 15 percent of the gross floor area of dwellings in the project. (h) Student housing complexes shall provide indoor and outdoor recreational amenities E within the site which may include: a swimming pool; spa; clubhouse;picnic shelter r and barbeque area; court game facilities such as tennis,basketball,volleyball Q racquetball; improved softball or baseball fields; patios and balconies, or such other similar facilities. Each student housing complex shall have a minimum of one Packet Pg. 888 6.B.d swimming pool and Jacuzzi. The amenities shall be equivalent to a minimum of 25 square feet per bedroom. (i) Student housing shall hall provide off street parking to conform to the requirements specified in the Development Code for townhomes and the TD (Transit District Overlay District. 0) Common laundry facilities with a minimum of one full size washer and one full size dryer and consistent with the City's Building Code shall be provided in each townhome. a (k) Each townhome shall be lockable and equipped with either key or card access. Each d bedroom shall be lockable and equipped with either key or card access. (1) A professional non-student resident manager shall live within each project. In 0 addition a resident student manager,working a minimum of 16 hours a week, shall = be provided at a ratio of one per 100 beds. E (m)The residents of the townhomes and bedrooms shall be limited to students enrolled at c California State University San Bernardino (including students graduating during their lease terms and continuing occupancy until the end of their lease terms), faculty o and staff at California State University San Bernardino, and on-site managers living in the student housing complex; persons affiliated with the California University M system; and visiting faculty and staff from other colleges and universities, and students enrolled at other colleges and universities; and tenants who do not qualify under the standards in this section may be qpproved in writing by California State 2 University San Bernardino. (n) Fraternities and sororities are permitted uses in townhome student housing complexes. s (o) The height of buildings shall not exceed the height standards of the underlying zoning oning district." o Cn c d E a 0 d d 0 3 aD z U x w m U C m C "tf L 0 d E U r Q Packet Pg. 889 6.B.e 'b: Exhibit 1 Existing Student Housing Location N r d' r a+ C d E C d E Q O O U aw C O E Q O CD O d to r M M C O sa U O J 0) C 0 O Z C 0 '0 0 r C r N X W r C O E U Q C W E t U fSf r a+ Q Packet Pg. 890 Exhibit 2 Proposed New Student Housing Location Tract 17703 k r 1 i {■q r E 3s7 s ! `�It { U c r } C� >to _ LO ery e b � r M L its, Uj til M °�fi {p} 0 O UJ p4 P [r-0 µ O yr G.C [2 w J ' `d }3 � ++ S4 C Z CL { a E s. t 1 . w s r ty F ! E f Packet Pg. 891 6.B.g AGENDA ITEM #4 PLANNING COMMISSION STAFF REPORT CITY OF SAN BERNARDINO PLANNING DIVISION CASE: Development Code Amendment/Zoning Map Amendment 14-12 HEARING DATE: June 18, 2014 WARD: 5 N r APPLICANT: r James R. Watson d 101 Main Street, Suite A E Seal Beach, CA 90740 d 562.430.0503 E Q Jrwatson @jrwatson.com w 0 U REQUEST AND LOCATION: 4) E The Planning Commission is requested to recommend approval of the following items to the Common c Council: a� as 0 ,�.•. 1. Amendment to Chapter 19.02.050 (Definitions)"Student Housing Complex"; LO 2. Amendment to Section 19.04.010(2)(E)(4)RSH (Residential Student Housing)Zone; and M 3. Amendment to add Section 19.04.030(2)(V)(16) regarding development standards for student housing. Q d The amendments would allow for the development of additional student housing in proximity to Cal r State San Bernardino, near the northwest corner of University Parkway and Northpark Boulevard as part in of Tract 17703-2, Lot 1 and Tract 17703-3 Lots, 1, 2, and 3. U a. Assessor Parcel Number: 0151-342-22 0151-361-41 0151-372-22 0151-372-23 and 0151-372-24 M > > > c m E CONSTRAINTS/OVERLAYS: a Not applicable. ; C 01 E ENVIRONMENTAL FINDINGS: a Q ® Exempt from CEQA—Section 15061(b)(3) ❑ No Significant Effect ❑ Mitigated Negative Declaration with Mitigation Monitoring/Reporting Program ❑ Environmental Impact Report STAFF RECOMMENDATION: Packet Pg.892 6.B.g DCA 14-12 Planning Commission Hearing June 18,2014 Page 2 ❑ Approval ❑ Conditions ❑ Denial ❑ Continuance to: ® Recommend to Mayor and Common Council N r PROJECT DESCRIPTION _ The purpose of this request for the Planning Commission's consideration is as follows: E 1. Amendment to Chapter 19.02.050 (Definitions)"Student Housing Complex"; E 2. Amendment to Section 19.04.010(2)(E)(4)RSH (Residential Student Housing)Zone; and a d 3. Amendment to add Section 19.04.030(2)(V)(16) regarding development standards for student o housing. v _ The amendments would allow for the development of additional student housing in proximity to Cal E CL State San Bernardino, near the northwest corner of University Parkway and Northpark Boulevard as part .2 of Tract 17703-2, Lot 1 and Tract 17703-3 Lots, 1, 2, and 3. o BACKGROUND r M M September 7, 2002 — The Planning Commission recommended approval of Development Code o Amendment 01-02 to the Mayor and Common Council, to create a Residential Student Housing (RSH) Zone and and to assign this designation to 8.28 acres on the south side of Northpark Boulevard, East of W University Parkway. Cn U October 7, 2002—the Mayor and Common Council approved Development Code Amendment 01-02, to a create a Residential Student Housing (RSH) Zone and to assign this designation to 8.28 acres on the south M side of Northpark Boulevard, East of University Parkway. E April 30, 2014—The applicant submitted DCA 14-12 to the Planning Division. o Q May 27, 2014 — A 1/8-page legal ad was submitted to the Sun Newspaper for publishing on May 27, 2014, advertising the June 18, 2014 Planning Commission hearing on DCA 14-12. E U May 29, 2014—The Development/Environmental Review Committee (D/ERC) reviewed the request for Q DCA 14-12. June 17, 2014—the Legislative Review Committee(LRC) reviewed the request for DCA 14-12. g. 893 6.B.g DCA 14-12 Planning Commission Hearing June 18,2014 Page 3 ANALYSIS Currently student housing is only permitted in one location; an 8.28 acre parcel south of Northpark Boulevard and east of University Parkway (Exhibit 1). A request has been made by J.R. Watson & Associates to expand the area for student housing to include an additional 10.16 acres located at the northwest corner of University Parkway and Northpark Boulevard(Exhibit 2). The applicant has submitted an application to place the designation of a student housing project on r approximately 10.16 acres fronting Northpark Boulevard, northwest of the intersection of Northpark le Boulevard and University Parkway, and across the street from California State University San Bernardino (CSUSB). The site is in the CG-2 and CG-3 Zoning Districts, which allows mixed-use E developments, and is also in the Transit District (TD) Overlay Zone which allows student housing. The = TD Overlay Zone will be maintained on the site. The Residential Student Housing Zone (RSH) is proposed to be applied to the base zones. The TD Overlay Zone will be maintained on the site. 0 This request would establish the official designation of a student housing complex containing up to 800 beds for students (primarily first and second year students), within walking distance of CSUSB to serve The i i adjacent and west of the campus of CSUSB. A the student body, and staff of CSUSB. T e s to s a a i Y faculty J p 0 central clubhouse and pool is a component of the project. The proposed amendments will expand the — d definition and location of Student Housing Complex to add 10.16 acres (Exhibits 3 and 4) and add o new development standards regulating student housing development (Exhibit 5). LO M The classification of the site as an "official" student housing site requires the placement of the site in a RSH Zone. It is desirable to make amendments to the text of the Development Code to establish clear o CL standards in the code for development and operations t h a t fit"townhome style" student housing. a� The proposed style of student housing for the project site is townhome style student housing. The first phase of the student housing was constructed as apartment flats. The proposed amendment would Cn Cn expand the type of construction from apartment flats to townhomes. a M Under the standards of the RSH Zone, a Conditional Use Permit is required to construct a student housing project. The applicant is seeking to amend the existing Conditional Use Permit No. 06-04 to = better fit the applicants townhome style student housing project. The project will include a variety of amenities including a clubhouse/recreation building and pool. Parking will be provided both behind Q gates at the complex and along the eastern boundary of the site. In accordance with the goals and objectives of the City's recently adopted TD Overlay Zone, an overlay zone covering the project site,the project design encourages an appropriate mix and intensity of land uses in a compact pattern around a transit station that will foster transit usage, create new o pp ortunities for economic growth, reduce Q dependency on the automobile and improve rove air quality. The proposed townhome style housing is superior to apartments in quality of construction and flexibility. In addition, physical pedestrian pathways and walkways have been designed to link the student housing complex with the campus. Packet Pg. 894 6.B.g DCA 14-12 Planning Commission Hearing June 18,2014 Page 4 In accordance with the purpose of the TD Overlay Zone, the student housing complex is adjacent to a transit station with surrounding pedestrian amenities, and abuts the retail center currently under construction. The overall project known as The Promenade (18.82 acres) is being planned and developed with appropriate mix and intensity of uses which includes retail shops, food establishments, entertainment, residential uses, and recreational facilities. These uses support transit use and are placed for convenient access by transit riders, pedestrians, and bicyclists; and, in turn, support the student population enrolled at CSUSB. N r The existing student housing is at capacity and additional housing is needed to serve the students attending CSUSB. Studies conducted for the University estimate that an additional 2,439 beds are needed on or near the campus. This project will help satisfy approximately one-third of the demand. E c The student housing project is designed to be occupied primarily by freshmen students. The project E applicant will covenant to the City that the occupants of the student complex will be students enrolled at Q as California State University, on-site managers living in the student housing complex, visiting relatives of o students enrolled at California State University, and visiting facility, staff and persons affiliated with the �? California University system. CL FINDINGS OF FACT a°, a� In order for the Planning Commission to recommend approval of the Development Code Amendment °• the following Findings of Fact must be made pursuant to Development Code Section 19.42.050: r M 1. The proposed amendment is consistent with the General Plan. o d The proposal is to amend the boundaries of the Residential Student Housing (RSH) Zone in certain areas. The underlying zoning and land use designations will not be affected. Therefore w Y g g g I the proposed amendment will continue to be consistent with the General Plan. Cn Cn a The amendment is consistent with the following General Plan policy: M Policy 2.2.1, which calls for compatibility between land uses and quality design through L adherence to the standards and regulations in the Development Code and policies and guidelines in the Community Design Element. The amendment will result in allowing a student housin g a r complex containing up to 800 beds for students (primarily first year Freshmen and second year = students), within walking distance of CSUSB to serve the student body, faculty and staff of CSUSB. E Thus, the amendment will be consistent with this policy. 2. The proposed amendment would not be detrimental to the public interest, health, safety, a convenience, or welfare of the City. The amendment will enable CSUSB to provide not only student apartments such as University Villages but also Townhome style" student housing complexes with amenities. Further, it is desirable to establish clear standards in the Code and operations that fit "Townhome style" Packet Pg. 895 6.B.g DCA 14-12 j Planning Commission Hearing June 18,2014 Page 5 student housing that will benefit the public interest, health, safety, convenience and welfare of the City. FINANCIAL IN[PACT There will be no direct impact to the General Fund. CALIFORNIA]ENVIRONMENTAL QUALITY ACT (CEQA) r OO _ The proposed Development Code Amendment is exempt from CEQA pursuant to Section 15061 b of the CEQA Guidelines, because the effect of the amendment would not result in a significant direct or reasonably foreseeable indirect physical change in the environment. E a CONCLUSION 0 The proposed project satisfies all Findings of Fact for approval of Development Code Amendment/Zoning Map Amendment 14-12. E a 0 RECOMMENDATION. > Staff recommends that the Planning Commission recommend approval of Development Code Amendment/Zoning Map Amendment 14-12 to the Mayor and Common Council, based upon the M Findings of Fact contained in the staff report. 0 a Respectful Submitted, U a Aron Liang, Senior Planner M Q E Approved for Distribution: _ E Mark Persico,AICP Interim Director of Community Development y �t Exhibit 1: Existing Student Housing Location Map Exhibit 2: Proposed Additional Student Housing Location Map Exhibit 3: Amendment to Section 19.02.050(Definitions)"Student Housing Complex", Exhibit 4: Amendment to Section 19.04.010(2)(E)(4)RSH(Residential Student Housing)Zone Exhibit 5: New Section 19.04.030(2)(V)(I6)Development Standards Exhibit 6: Public Hearing Advertisement Packet Pg.896 . Exhibit 1 Existing Student Housing Location N P d' P Y C 0 E C d E O U Y C E Q. O P M M O Q d y- CO U a M C d E U cv a C E U t4 a� Q Packet Pg. 897 Exhibit 2 Proposed New Student Housing Location Tract 17703 5z".. -c 0 C. t, � r �6 0 i O F-^ q d CJ �, p �1t ✓ ° Q. m _ry Q _ > ti U,W 0 0� ff Ln O N M 0 U_� Cl) CL CL j r r Y O<C m O Q, d W O Q"z tl� j< V 2 CL d : LLt i f T-___ E a A+ , —w ! f Packet Pg. 898' 6.B.g Exhibit 3 Development Code Section 19.02.050 (Definitions) Amend the text 19.02.050 (Definitions) to read as follows: (The new text has been underlined.) N 4 "Student Housing Complex. A building or buildings containing townhomes and/or multiple family dwellings which allow for each bedroom to be leased to students attending California State University, San Bernardino, which provides common area amenities for units with kitchen facilities ranging from one to no more than six bedrooms per unit. The site shall be adjacent to California State University, San Bernardino,bus service shall be available (within 500 feet of a Q bus stop), and retail services shall be within 2000 feet of the site. The designation will be o applied only to projects and parcels located within 500 feet of California State University, San U Bernardino and specifically, only on the 8.28 acres on the south side of Northpark Boulevard, east of University Parkway, as designated in General Plan Amendment No. 01-06, and the 10.16 E acres on the west side of Northpark Boulevard northwest of the intersection of University .2 Parkway and Northpark Boulevard in Tract 17703-2 Lot 2 and Tract 17703-3 Lots 1, 2 and 3." o LO T M M .N L O NN� I.L Cn''i^+ U a. c� c d E s v m Y W a a.: E a Packet Pg. 899 6.B.g Exhibit 4 Development Code Section 19.04.010(2)(E)(4) RSH (Residential Student Housing)Zone Amend the text 19.04.01(2)(E)(4)to read as follows: N r (The new text has been underlined.) 4 r _ a� E "The overlay district is specifically designed to allow student housing complexes on lots located within 500 feet of California State University San Bernardino, and which are at least five acres in size, at a maximum density of 20 units per acre and with no more than 75 bedrooms per acre, and a specifically, only on the 8.28 acres on the south side of Northpark Boulevard, east of University o Parkway, as designated in General Plan Amendment No. 01-06, and the 10.16 acres on the west Y side of Northpark Boulevard northwest of the intersection of University Parkway and Northpark a Boulevard in Tract 17703-2 Lot 1, and Tract 17703-3 Lots 1, 2 and 3. In the event that the E a project no longer houses California State University, San Bernardino students or is demolished, 2 d further use of the site will revert back to the underlying land use district policies and standards." 0 LO M M O Q O R tC U a M _ d E M v Y a r a Packet Pg.900 6.B.g Exhibit 5 Development Code Section 19.04.030(2)(V)(16) Development Standards Add new Section 19.04.030(2)(V)(16)to read as follows: (The new text has been underlined.) N t 4 T 16. Townhome Student Housing complexes are only permitted in the Residential Student Housing District on lots within 500 feet of California State University, San Bernardino, and only the 10.16 acres on the west side of Northpark Boulevard,north of University Parkway E in Tract 17703-2 Lot 2 and Tract 17703-3 Lots 1, 2 and 3. a (a) Whenever the requirements of this Section 19.04.030(2)(V)(16) conflicts with the o underlying base zone specific plan or other requirements of the Development Code, U the requirements of this Section 19.04.030(2)(V)16) shall og vern. (b) Townhome Student Housing complexes are only permitted in the Residential Student a Housing District on lots within 500 feet of California State University, San 2 a� Bernardino and on only the 10.16 acres on the west side of Northpark Boulevard, > north of University Parkway. 0 (c) The requirements specified above in Section 19.04.030(2)V)(2),(3), (5), (6) and (13) to shall apply to a Townhome Student Housing complex. (d) The maximum density of a townhome student housing complex is 80 beds per acre. o (e) The minimum townhome unit size shall be as follows: C a. 1-bedroom 600 square feet b. 2-bedroom 800 square feet c. 3-bedroom 1,000 square feet U d. 4-bedroom 1,200 square feet a e. 5-bedroom 1,400 square feet M f. 6-bedroom 1,600 square feet d (f) A minimum of 5 percent of the bedrooms in the student housing project shall be s designed as bedroom studios that meet Americans with Disabilities Act(ADA) standards, including a private bathroom and facilities for preparation of food a (including storage,refrigeration and cooking). (g) Townhome Student Housing complexes are not required to provide a balcony or patio for each bedroom and/or each unit provided the site of the student housing project is within 1,000 feet of a public park and the student housing project provides indoor and outdoor living space for passive and active recreational uses equivalent to a minimum a of 15 percent of the gross floor area of dwellings in the project. (h) Student housing complexes shall provide indoor and outdoor recreational amenities within the site which may include: a swimming pool; spa; clubhouse; picnic shelter and barbeque area; court game facilities such as tennis,basketball, volleyball racquetball; improved softball or baseball fields; patios and balconies, or such other similar facilities. Each student housing complex shall have a minimum of one Packet Pg. 901 6.B.g swimming pool and Jacuzzi. The amenities shall be equivalent to a minimum of 25 square feet per bedroom. (i) Student housing shall hall provide off street parking to conform to the requirements specified in the Development Code for townhomes and the TD (Transit District Overlay) District. (j) Common laundry facilities with a minimum of one full size washer and one full size dryer and consistent with the City's Building Code shall be provided in each townhome. (k) Each townhome shall be lockable and equipped with either key or card access. Each bedroom shall be lockable and equipped with either key or card access. (1) A professional, non-student resident manager shall live within each project. In addition a resident student manager, working a minimum of 16 hours a week, shall be provided at a ratio of one per 100 beds. (m)The residents of the townhomes and bedrooms shall be limited to students enrolled at Q California State University San Bernardino (including students graduating during their lease terms and continuing occupancy until the end of their lease terns), faculty v and staff at California State University San Bernardino, and on-site managers living c in the student housing complex;persons affiliated with the California University system; and visiting g aculty and staff from other colleges and universities, and o students enrolled at other colleges and universities; and tenants who do not qualify a under the standards in this section may be improved in writing by California State University San Bernardino. r (n) Fraternities and sororities are permitted uses in townhome student housing complexes. (o) The height of buildings shall not exceed the height standards of the underlying zoning Q district." U a M c I = I U Q C m E U w Q I i Q Packet Pg. 902 6.B.g NOTICE OF PUBLIC HEARING Notice is hereby given that the City of San Bernardino Planning Commission will hold a public hearing on Wednesday, June 18, 2014 at 6:00 p.m. in the Council Chambers, City Hall, 300 North"D" Street, San Bernardino, California 92418,on the following item: DEVELOPMENT CODE AMENDMENT 14-12-A request to amend Development Code Chapter 19.04.030(2)(V), Student Housing Complex,to add 10.16 acres on the west side of Northpark Boulevard,northwest of the intersection of University Parkway and Northpark Boulevard in Tract 17703-2, Lot 1 and Tract 17703-3 Lots, 1, 2, and 3 in the Residential Student Housing District and to add certain development standards to the Residential Student Housing District. N Proposed by: James R.Watson t Environmental Recommendation: Exempt from CEQA—Section 15061(b)(3) Y c d The Planning Commission invites your participation in evaluating these proposal.The public is welcome to speak at the E public hearing or to submit written comments prior to the hearing. The Planning Commission will make C recommendations to the Mayor and Common Council for final action on Development Code Amendments.For more E information,please contact the Planning Division of the Community Development Department at City Hall,or by phone Q at(909)384-5057.If you challenge the final 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 by written U correspondence delivered to the Planning Division at or prior to the public hearing. E 0. 0 Submitted: June 2,2014 y Publish: June 5,2014(minimum 1/8 Page Ad) p LO Please send first proof for verification or changes by e-mail to Stephanie Sanchez: Sanchez stephanic(�sbcitv.org. M Please reference"PC Display Ad"on the billing and send to the City of San Bernardino,Planning Division,300 North "D"Street,San Bernardino,CA 92418 �= 0 CL Y Cn U Qe r7 Y c E v Y Y Q c E U t6 Y Y Q Packet Pg. 903 ?OERNARpr� Larry Heasley,Chair AOPN Lance Darr,Vice-Chair o Andrew en CITY OF SAN BERNARDINO Amelia S..Lopez Lp �� �,✓, ;' Frederick chulski Dustin Barnh ardt COMMUNITYDEVELOPMENT DEPARTMENT NOFn tN`� Kent Paxton 300 North "D"Street, San Bernardino, California 92418 Casey Dailey Michael Thomas Phone:(909)384-505715071 • Fax:(909)384-5080 Bob Brown,Alt. I PLANNING COMMISSION MINUTES r June 18,2014 c MINUTES OF MAY 21,2014 E c a� CONDITIONAL USE PERMIT 13-12 E Q as ADMINISTRATIVE DEVELOPMENT PERMIT 14-08 0 v DEVELOPMENT CODE AMENDMENT/ZONING MAP AMENDMENT 14-12 CL 0 v 0 r M .Mw r O N O a— O O N C a e E U a.+ r Q C Q1 E t v w .r Q Page 1 of 9 06/18/2014 Packet Pg. 904 Chair Heasley called the meeting to order at 6:00 p.m. Commissioner Machen led the flag salute. Present: Commissioners: Heasley,Machen, Lopez, Grochulski, Thomas. Excused: Brown, Durr, Barnhardt, Paxton, Dailey. Absent: None. Staff present: Marc Persico, Interim Community Development Director; Henry Empeiio, Jr., Senior Deputy City Attorney; Donn Dimichele, Deputy City Attorney; Aron Liang, Senior Planner; Travis Martin, Assistant N Planner. 4 ADMINISTRATION OF OATH m E Senior Planner Aron Liang administered the oath. E CONSENT AGENDA: Q a� O Senior Planner Aron Liang gave a brief presentation of the consent agenda, which included the recommended approval of the meeting minutes of May 21, 2014. Q Commissioner Grochulski made a motion to approve the consent agenda. Commissioner Lopez seconded the motion. In The motion carried by the following vote: Ayes: Heasley, Durr, Machen, Lopez, Grochulski. V Nays: None. Abstain: None. Excused: Barnhardt, Paxton, Dailey, Thomas, Brown. Absent: None. N 00 T PUBLIC COMMENTS -ITEMS NOT ON AGENDA o No comments. M PUBLIC HEARINGS U 2. CONDITIONAL USE PERMIT 13-12 (A continued public hearing from May 21, 2014) The applicant requests approval of a Conditional Use Permit to provide an Alcoholic Beverage (ABC) Type 20 License (Off-sale Beer & Wine) for an E existing 9,026-square foot retail store (Dollar General), located at 180 North Waterman Avenue, in the Commercial General (CG-1) zone. Q Environmental Determination: Exempt from CEQA, Section 15301 — Existing Facility _ U Applicant: Dolgen California, LLC APN: 0135-301-41 Q Ward: 1 Recommended Motion: Staff recommends that the Planning Commission approve Conditional Use Permit 13-12, based upon the Findings of Fact contained in this Interoffice Memorandum and subject to the Conditions of Approval. Page 2 of 9 06/18/2014 Packet Pg. 905 6.B.h Senior Planner Aron Liang gave a brief presentation of the project. Commissioner Machen noted that on the agenda this item was referred to as Conditional Use Permit 13-22,when it should be Conditional Use Permit 13-12. Senior Planner Aron Liang confirmed that that was a typo and would be corrected. Chair Heasley asked that the city attorney give clarification from the last meeting on the item at hand and what they were considering for the item. Y Donn Dimichele, Deputy City Attorney, stated that at the last meeting the motion was to E approve the Conditional Use Permit and the motion carried. Those in favor of the motion then chose to continue the item in order for the staff to present Findings of Fact to support the E commissioner's decision. The reason it was necessary to continue the item wasn't for a new vote to issue the Conditional Use Permit, but to propose Findings of Fact and Conditions of v Approval. _ E Alicen Wong, Attorney for Dollar General, stated that the new Conditions of Approval o were submitted to her client and they were found to be acceptable. a� 0 Commissioner Lopez referred to Condition 7 (a) and asked if the 750 milliliters referred to LO `singles'. She said that the applicant originally stated that they would not be selling singles at M that location. r O Donn Dimichele,Deputy City Attorney, deferred to the Aron Liang to answer the question. CO CD Senior Planner Aron Liang said that no, it would not include the sales of`singles'. r Commissioner Lopez referred to the minutes of the previous meeting and asked the applicant if they would be selling singles. v a Alicen Wong directed Commissioner Lopez to the newest condition added, 7 (g) which says they are prohibited from selling `Beer or malt liquor sold individually in containers of 40 E ounces or less.' �a Commissioner Grochulski also directed Commissioner Lopez to look at conditions 7 (d) Q and 7 (f)to answer her question. E Commissioner Lopez asked about condition 26 in regards to the training. She said the City does require there be "Responsible Beverage Service" (RBS) training and wanted to know if Q Dollar General had to communicate with the City as to what they were doing. Alicen Wong stated that the ABC requires them, every other year,to go to training. They are issued a card as verification the training was complete. Commissioner Lopez asked if Dollar General had computer based training that helps keep Page 3 of 9 06/18/2014 Packet Pg. 906 6.B.h track of this for them. Alicen Wong said that they do,but this is in addition to that. Commissioner Grochulski made a motion to approve Conditional Use Permit 13-12 based upon the Findings of Fact contained in the Interoffice Memorandum and subject to the Conditions of Approval, as amended. N T Commissioner Machen seconded the motion. Y c The motion carried by the following vote: Ayes: Heasley, Durr, Machen, Lopez, Grochulski. E Nays: None. Abstain: None. Excused: Barnhardt, Paxton, Dailey, Thomas, Brown. Absent: None. Q a� O 3. ADMINISTRATIVE DEVELOPMENT PERMIT 14-08 - A request of an approval of an Administrative Development Permit to provide an Alcoholic E Beverage (ABC) Type 21 License (Off-sale General) for an existing 104,275- o square foot retail store (Target), located at 2380 North Sterling Avenue, in the Commercial General (CG-1) zone. o LO Environmental Determination: Exempt from CEQA, Section 15301 — Existing M Facility " Applicant: Target Corporation o APNs: 0150-442-11 N 00 Ward: 7 T to 0 Recommended Motion: Staff recommends that the Planning Commission approve r Administrative Development Permit No. 14-08 based on the Findings of Fact c contained in this Staff Report and subject to the Conditions of Approval. U 0. Travis Martin,Assistant Planner, gave a brief presentation of the project. E Beth Aboulafia gave a short presentation on the project. As part of her presentation she suggested some changes to the Conditions of Approval and Hours of Operation. Q c Commissioner Machen asked if the subject of the size of the distilled spirits was discussed with staff prior. Y Y Travis Martin, Assistant Planner, said that it had been earlier that day, but that they were a not aware of the specific sized that Target might offer, so they were based off the approved ordinance. Chair Heasley stated that those two conditions seem argumentative with each other. He also stated that in item#2, it seemed that the same problem had occurred. Page 4 of 9 06/18/2014 Packet Pg. 907 6.B.h Travis Martin,Assistant Planner, said that this was based off the approved ordinance when compiling the Conditions of Approval. He clarified that the 375 milliliters spoke to individual bottles. Condition 9(d) spoke more towards a pack sold together. Chair Heasley asked the City Attorney for guidance on this matter. Henry Empeiio, Jr., Senior Deputy City Attorney said that setting the conditions for this item was at the discretion of the Commissioners. The deemed approved ordinance doesn't require you to adopt conditions that are specifically worded in the ordinance. He stated that they could approve the condition as proposed by the applicant or it could be modified. _ E Commissioner Grochulski said that with the difference between wine and distilled spirits that isn't something they would want sold in smaller sizes. With wine, he could understand E selling them in multi packs. d v 0 Commissioner Machen asked what the applicant would like to see on this. w _ a� Beth Aboulafa said that she would like to see condition 9 (d) to say `No wine sales in o containers of less than 375 milliliters unless sold in manufacturer multi packs' and leaving condition 9 (m) as is regarding distilled spirits. Commissioner Machen wanted to clarify that the 750 in condition 9 (d) was changed to 375 M milliliters. y Beth Aboulafia confirmed yes, for the wine it changed. N CO r Chair Heasley asked how the multi packs were packaged. v r Beth Aboulafia said that they generally come in four packs. Chair Heasley wanted to readjust condition 9 (m) in the working. Beth Aboulafia suggested the condition could read `No wine sales in container of less than CD 375 milliliters unless sold in manufacturer multi packs of no less than 4 units'. E U t4 Commissioner Machen was satisfied with that. Q Chair Heasley agreed. E U Commissioner Thomas suggested that they strike 9 (d) and add wine to condition 9 (m). Q Beth Aboulafia said that that would be fine as well. Chair Heasley asked staff and commissioners for their opinion on the change and reminded the commissioners that they could change the conditions to how they felt necessary. He suggested that they go with: Page 5 of 9 06/18/2014 Packet Pg. 908 6.B.h `No wine sales in container of less than 375 milliliters unless sold in manufacturer multi packs of no less than 4 units' for condition 9 (d), and take `distilled spirits' out. Travis Martin,Assistant Planner, clarified that condition 9 (m)would remain as is. Chair Heasley said yes. Travis Martin,Assistant Planner, said that those conditions were acceptable. r 4 r Commissioner Lopez asked about condition 9 (1) in regards to the highlighted section of the condition. E c w Henry Empeno, Jr., Senior Deputy City Attorney said that it was taken out of the approved �E Development Code as is. He explained that because this is an establishment over 10,000 sqft, that they are permitted this exemption. c� r Beth Aboulafia pointed out that she also had a question regarding condition 19. 0. Commissioner Machen asked if it was in regards to Hours of Operation. v Beth Aboulafia said yes it was. She said she was requesting it be modified to speak more Ln directly to the sales of alcohol rather than the general business operations. M M Chair Heasley wanted to clarify what she was asking for by saying `No alcohol sales may be conducted on premises after 11:OOpm with the exception of extended holiday hours'. He N co asked if that is what she wanted. r 0 N Beth Aboulafia said yes it was. c Henry Empeno, Jr., Senior Deputy City Attorney he said that again, the language of the condition was at the discretion of the commission in regards to the hours they wish to set. a Commissioner Thomas suggested leaving out the exception for holiday hours. E Beth Aboulafia said that revision would not be desirable due to Target staying open later during the holiday season. They would want to sell alcoholic beverages during those times. Q Chair Heasley suggested a provision as to when they could start selling alcohol again in a 24 E hour period. He doesn't want potential problems down the line with other applicants in setting time frames in which to sell alcohol. Q Beth Aboulafia said that she would have no problem with the condition stating that `Alcohol sales shall take place between 8:O0am and 11:00pm with the exception of extended holiday hours'. Travis Martin, Assistant Planner, stated that it could be read as `No alcoholic beverage Page 6 of 9 06/18/2014 Packet Pg. 909 6.B.h sales may be conducted on the premises between 11:OOpm and 8:O0am with the exception of extended holiday hours'. Chair Heasley agreed to the wording. Beth Aboulafia also agreed to the wording. Commissioner Thomas made a motion to approve Administrative Development Permit 14- r 08 based on the Findings of Fact contained in the Staff Report and subject to the v modifications made to the Conditions of Approval. . E Commissioner Grochulski seconded the motion. a� E The motion carried by the following vote: Ayes: Grochulski, Machen, Heasley, Thomas. Nays: Lopez. Abstain: None. Excused: Brown, Durr, Barnhardt, Paxton,Dailey. Absent: None. v r c d E 4. DEVELOPMENT CODE AMENDMENT/ZONING MAP AMENDMENT 14- o 12 - A request to amend Development Code Chapter 19.04.030 (2) (V), Student Housing Complex, to add 10.16 acres on the west side of Northpark Boulevard, o northwest of the intersection of University Parkway and Northpark Boulevard in ,_; Tract 17703-2, Lot 1 and Tract 17703-3 Lots, 1, 2, and 3 in the Residential Student M Housing Zone and to add certain development standards to the Residential Student Housing Zone c N CO Environmental Determination: Exempt from CEQA, Section 15061 (b)(3) Applicant: James R. Watson CD APNs: 0151-342-22, 0151-361-41, 0151-372-22, 0151- 2 372-23 and 0151-372-24 = Ward: 5 U a Recommended Motion: Staff recommends that the Planning Commission recommend approval of Development Code Amendment/Zoning Map Amendment 14-12 to the Mayor and Common Council, based upon the Findings of Fact E contained in the staff report. U Q c Mark Persico, Interim Community Development Director, gave a brief presentation of the proj ect. Chair Heasley commented on his excitement of the project and how happy he was that Q James Watson was a continued developer in the City of San Bernardino. Mark Persico, Interim Community Development Director stated that staffed agreed with that. Page 7 of 9 06/18/2014 Packet Pg. 910 6.B.h Robert Gardner,Vice President of Finance at CSUSB, spoke briefly on the project. James Watson, 101 Main St., Seal Beach, spoke briefly on his involvement in the project and the different phases soon to come. Chair Heasley commented again how much he looks forward to the continued development. Chad Izmirian, 162 Rancho Santa Fe Rd., Encinitas, spoke briefly on the project. 4 r Adal Medinah,300 W. Ocean Blvd.,Long Beach, spoke briefly on the project. E James Funk,215 lOt" St., Seal Beach,thanked the commission for their time. E Commissioner Thomas made a motion to recommend approval of Development Code Amendment/Zoning Map Amendment 14-12 to the Mayor and Common Council,based upon v the Findings of Fact contained in the Staff Report. _ E Commissioner Grochulski seconded the motion. o a� The motion carried by the following vote: Ayes: Heasley, Durr, Machen, Lopez, Grochulski. o Nays: None. Abstain: None. Excused: Barnhardt, Paxton, Dailey, Thomas, Brown. Absent: None. M r O NON-PUBLIC HEARING ITEMS N T None o r S PLANNING COMMISSION REPORTS/ANNOUNCEMENTS U a Commissioner Machen informed us that he would be unable to attend the July 161"meeting. �r Y c v E DIRECTOR'S REPORT w.. a Mark Persico, Interim Community Development Director announced that they have been unable to get a commitment from SANBAG to come in and make a presentation regarding the TOD. E We hope to have them here at the next meeting. r Q He also informed the commission that Community Development had printed business cards for them to use and hand out if desired. Page 8 of 9 06/18/2014 Packet Pg. 911 6.B.h ADJOURNMENT Commissioner Machen made a motion which was unanimously carried, to adjourn the Planning Commission meeting at 7:00 p.m. The next regular meeting was scheduled for Wednesday, July 16, 2013 at 6:00 p.m. in the Council Chambers, First Floor, 300 North "D" Street, San Bernardino, California. N Minutes Adopted by Planning Commissioners: 4 Date Approved: Minutes Prepared by: Q E Q 0 U Stephanie Sanchez Executive Assistant E 0. 0 m 0 0 LO M M d' r O N co T 0 N rr 3 C U a. et E U R w C d E s V tC r-+ Q Page 9 of 9 06/18/2014 Packet Pg. 912 6.B.i 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, July 7, 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: DEVELOPMENT CODE AMENDMENT/ZONING AMENDMENT 14-12-A request to amend Development Code Chapter 19.02.050 (Definitions) "Student Housing Complex", Chapter 19.04, Sections 19.04.010 (2) (E) (4) RSH (Residential Student Housing)Zone, 19.04.030 (2) (V),to Student Housing Complex,to expand the definition and location of student housing complex,to add 10.16 acres on the west side of Northpark Boulevard,northwest of the intersection of University Parkway and Northpark Boulevard in Tract 17703-2,Lot 1 and Tract 17703-3 Lots,1,2,and 3 in the Residential Student Housing District and to add certain development standards to the Residential Student Housing District. 4 r Y Proposed by: James R.Watson Environmental Recommendation: Exempt from CEQA—Section 15061(b)(3) e ar The City of San Bernardino welcomes your participation in evaluating this item.The Mayor and Common Council will Q review the proposal and will consider the proposed environmental determination in making a decision.The public is m welcome to speak at the public hearing or to submit written comments prior to the hearing.For more information,please 'a 0 contact the Community Development Department at City Hall,or by phone at(909)384-5057. U Y If you challenge the resultant action of the Mayor and Common Council in court,you may be limited to raising only those a issues you or someone else raised at the public hearing described in this notice,or in written correspondence delivered to 0 the City Planning Division at,or prior to,the public hearing. d An r Submitted: June 19,2014 M, i\wr Publish: June 24,2014(minimum 1/8 Page Ad) `= Q U Please send first proof for verification or changes by e-mail to Stephanie Sanchez: Sanchez_stephanie(&sbcity.org. o Please reference"PC Display Ad"on the billing and send to the City of San Bernardino,Planning Division,300 North _> "D"Street, San Bernardino,CA 92418 Q N U U LO Y U 2 Y Y C E U Q Packet Pg. 913 (Z6-b6 ;uewpuawV apoo juauad(Dlanaa : SLE£) Z4-17b Vol] -:poddnS to 19119-1 - asnso :ivaw4oe}ay �D CALIFORNIA STATE UNIVERSITY � SAN BE,RNARDINO Student Affairs (- Office of the Vice President June 18,2014 The Honorable R. Carey Davis Mayor, City of San Bernardino 300 N. "D" Street, 6th Floor San Bernardino, CA 92418 Dear Mayor Davis: On behalf of California State University, San Bernardino (CSUSB)and its Division of Student Affairs, I am providing you with this letter of support in regards to Development Code Amendment 14-12;to amend the student housing provisions of the San Bernardino Development Code. Amending this code would positively impact the University by allowing developers the opportunity to construct student oriented housing adjacent to the CSUSB campus. Specifically, amending this code will aid improving the quality of life in the community by developing 10.16 acres of land to house students as well as adding development standards to the Residential Student Housing District. If approved, this amendment will also lead to the creation of new California jobs in the building and trade industries,which will aid in the recovery from the economic downturn. I hope you will consider the Development Code Amendment 14-12. If you have any questions, please feel free to contact me directly, (909)537-5185. Sincerely, IZ2aynes. Ph.D. Vice President c: Mark Persico, 300 N. "D" St., San Bernardino, CA 92418 Henry Nickel, Council Member, 300 N. "D" St., San.Bernardino CA 9241.8 Georgeann Hanna,City Clerk, 300 N. "D" St., San Bernardino, CA 92418 James Watson, 101 Main St., Suite A, Seal Beach, CA 90740 909.537.5185 - fax:909.537.7000 5500 UNIVERSITY PARKWAY, SAN BERNARDINO, CA 92407-2393 The California state University - Bakersfield • Channel islands • Chico - Dominguez Hills , East Bay • Fresno - iullerton - Humboldt Long Beach Los Angeles Maritime Academy•Monterey Bay• Northridge-Pornona -Sacramento•San Bernardino•San Diego•San Francisco•San lose-San Luis Obispo-San Marcos•Sonoma-Stanislaus