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HomeMy WebLinkAbout17- Planning & Building Services CITY OF SAN BERNA, JINO - REQUEST FOL .OUNCIL ACTION From: Al Boughey, Director Subject: Appeal of Planning Commission Approval of Conditional Use Permit Dept: Planning & Building Services No. 95-14, Tentative Parcel Map No. 14830 and Variance No. 95-08 Date: November 15, 1995 MCC Date: December 4, 1995 Synopsis of Previous Council Action: None NOV 22'95 are 8:02 Recommended Motion: That the hearing be closed and that the Mayor and Common Council deny the appeal, adopt the Negative Declaration and approve Conditional Use Permit No. 95-14, Tentative Parcel Map No. 14830 and Variance No. 95-08, based on the Findings of Fact contained in the Planning Commission staff report (Exhibit 2). Al Bou Contact person: Al Boughey Phone: 384-5357 Supporting data attached: Staff Report Ward: 4 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) N/A (Acct. Description) Finance: Council Notes: ,Ia/y/9s Agenda Item No. _ CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION SUBJECT: APPEAL OF PLANNING COMMISSION APPROVAL OF CONDITIONAL USE PERMIT NO. 95-14, TENTATIVE PARCEL MAP NO. 14830 AND VARIANCE NO. 95-08. REQUEST/LOCATION: The appellant requests denial of Conditional Use Permit No. 95-14, Tentative Parcel Map No. 14830 and Variance No. 95-08, which would permit the construction of a 24 hour towing and impound facility on a 1.61 acre parcel. The parcel map is being processed concurrently in order to subdivide a 21.15 acre parcel into the above referenced 1.61 acre parcel and a 19.54 acre remainder parcel. A variance has also been requested to allow construction of a vehicle storage building abutting the west property line and within the required 10' setback. The proposed towing and impound facility would be located on the south side of 6th Street, 630 feet west of Lankershim within the IL (Light Industrial) land use district. The parcel to be subdivided has frontage on 5th Street, 6th Street and Sterling Avenue and abuts the City of Highland (See Exhibit 1). OWNER: Midway Homes APPLICANT: Angel and Rose Leon APPELLANT: Nedjatollah Cohan BACKGROUND: The project was reviewed by the DRC and ERC on August 3 and August 24, 1995 and approved for clearance to Planning Commission on September 21, 1995. Mr. Cohan attended the Planning Commission meeting and spoke at length with representatives of the applicant. Mr. Cohan chose not to address the Planning Commission and none of his concerns were raised then. KEY ISSUES: There are several issues which have been identified by the appellant as follows (see Exhibit 3, letter of appeal): • The appellant owns 20.85 acres of land directly north of the project across 6th Street. The property is zoned RMH 15 and OIP and he wishes to develop the property with multifamily residential in the future and opposes this project. • The appellant believes that the proposed project will "create and add more problems to the present problems the area has..." The project is surrounded by decorative walls and wrought iron fencing and proposes architecture consistent with Industrial Design Guidelines. Further, the project provides 58% more landscaping than is required by the Development Code and provides an 85' building setback, well in excess of the required 10'. Staff believes that the thoughtful design of the project combined with the fact that the applicants are moving their established business from Highland to this location will encourage the development of other new businesses in the vicinity. O The appellant proposes approval of the project by "having entry to the project from 5th Street and condition the developer to have portions of 6th Street facing the subject side to be improved and the set back area be landscaped." This is impractical since the proposed 1.61 acre parcel has no access to 5th Street. There is a proposed 10' landscaped setback along 6th Street as required by the Development Code. Refer to Exhibit 2, Planning Commission Staff Report for a full discussion. ENVIRONMENTAL DETERMINATION: The Environmental Review Committee reviewed the initial study on August 24th and determined that the project could not have a significant effect on the environment and recommended a Negative Declaration. PLANNING COMMISSION RECOMMENDATION: The Planning Commission voted 7 to 0 to approve Conditional Use Permit No. 95-14, Tentative Parcel Map No. 14830 and Variance No. 95-08 based upon the Findings of Fact contained in the October 17, 1995 staff report (Exhibit 2). (Ayes: Brue, Gonzales, Hamilton, Stone, Strimpel, Thrasher and Traver; Nays: None; Abstain: None; Absent: Cole and Schuiling) RECOMMENDATION: Staff recommends that the Mayor and Common Council deny the appeal, adopt the Negative Declaration and approve Conditional Use Permit No. 95-14, Tentative Parcel Map No. 14830 and Variance No. 95-08, based upon the Findings of Fact Contained in the Planning Commission staff report (Exhibit 2). Prepared by: Margaret Park, Associate Planner For: Al Boughey, Director, Planning and Building Services Exhibits: 1 - Location Map 2 - Planning Commission Staff Report 3 - Letter of Appeal CITY OF SAN BERNARDINO GENERAL PLAN LAND USE DESIGNATION Adopte]6-2-89 Date — Panel N :• �O� � � MIMG ST . yw as � 1� ��k �A�♦ j��CIRCL[ � CA ST ORCE BASE S � -- EXHIBIT 1 SUNMARY CITY OF SAN BERNARDINO PLANNING DIVISION CASE: Tentative Parcel Map No. 14830, AGENDA ITEM: 4 Conditional Use Permit No. 95-14 and HEARING DATE: 10-17-95 Variance No. 95-08 WARD: 1 OWNER: APPLICANT: Midway Homes Angel & Rose Leon 555 S. Rancho Santa Fe Rd. 7712 Victoria Avenue San Marcos, CA 92069 Highland, CA 92346 REQUEST / LOCATION - A request to construct a 24 hour towing and impound facility on a 1.61 acre parcel. The parcel map is being processed concurrently in order to subdivide a 21.15 acre parcel into the above referenced 1.61 acre parcel and a 19.54 acre remainder parcel. A variance has also been requested to allow construction of a vehicle storage building abutting the west property line and within the required 10' setback. The project is located on the south side of 6th Street, 630 feet west of Lankershim within the IL (Industrial Light) land use district. EXISTING LAND USE PROPERTY LAND USE DESIGNATION SUBJECT Vacant IL, Light Industrial NORTH Vacant OIP, RMH/15 SOUTH Vacant CG-1, Commercial General EAST Cal-Disposal Storage City of Highland WEST Vacant, Single Family Residential City of Highland FHAZARD SEISMIC YES ❑ FLOOD HAZARD YES ❑ SEWERS: YES ■ ONE: NO ■ ZONE: NO ■ NO ❑ HAZARD YES ❑ AIRPORT YES ❑ REDEVELOPMENT YES ❑NO ■ NOISE/CRASH NO ■ PROJECT AREA: NO ❑ ZONE: ENVIRONMENTAL FINDINGS: STAFF RECOMN ENDATION: i ❑ Not Applicable ❑ E.I.R. w/ . ■ APPROVAL ❑ Exempt Significant ■ No Significant Effects ■ CONDITIONS Effects ❑ Potential ❑ Significant ❑ DPI, Effects, Effects, See Mitigating Attached E.R.C. ❑ CONTINUANCE Measures, Minutes No E.I.R. TO: EXHIBIT 2 CUP 95-14, TPM 14830&VAR 95-08 Hearing Date: 10-17-95 Page 2 REQUEST A request to construct a 24 hour towing and impound facility on a 1.61 acre parcel. The parcel map is being processed concurrently in order to subdivide a 21.15 acre parcel into the above referenced 1.61 acre parcel and a 19.54 acre remainder parcel. A variance has also been requested to allow construction of a vehicle storage building abutting the west property line and within the required 10' setback. LOCATION The project is located on the south side of 6th Street, 630 feet west of Lankershim within the IL (Light Industrial) land use district. The parcel lo be subdivided has frontage on 5th Street, 6th Street and Sterling Avenue and abuts the City of Highland. CALIFORNIA ENVIRONMENTAL QUALITY ACT The project is subject to CEQA and an initial study was prepared. The ERC reviewed the intial study on August 24th and determined that the project could not have a significant effect on the environment and recommended a Negative Declaration. The public review period was from August 24th to September 21st and no comments were received. BACKGROUND Conditional Use Permit 95-14, Tentative Parcel Map 14830 and Variance 95-08 were reviewed by the DRC and ERC on August 3 and August 24, 1995 and approved for clearance to Planning Commission on September 21, 1995. GENERAL PLAN AND DEVELOPMENT CODE CONSISTENCY General Plan Policy 1.2.1 states that it is the policy of the City of San Bernardino to: "Allow for the development of a minimum of 1000 acres to accommodate new industrial uses in areas of the City designated as:... c. Industrial Light (IL)." The IL (Industrial Light) land use district allows the development of impound/towing and/towin P po g yards, such as the one proposed in this project. The applicant's towing business is currently located in the City of Highland and this project will allow him to relocate to San Bernardino. The proposal is in conformance with the Development Code with the exception of the item for which a variance has been requested. Please refer to Attachment 'D' for a summary of Development Code conformance. CUP 95-14, TPM 14830& VAR 95-08 Hearing Date: 10-17-95 Page 3 ANALYSIS Site and Area Characteristics The 21.15 acre site is flat, is unimproved and has frontage on 5th Street, 6th Street and Sterling Avenue. The tentative parcel map identifies two, 10' wide easements for public utilities located at the north and east property lines.Four power poles are located on-site within the two easements as described above. There is an existing 21" sewer main and an 8" water line in 6th Street. A fire hydrant is located within the 6th Street right of way at the northeast corner of the property. The proposed 1.61 acre parcel that will be the impound yard has frontage on the south side of 6th Street and abuts the boundary of City of Highland. Tentative Parcel Map Request The applicant proposes subdivide the 21.15 acre property into one 1.61 acre parcel and a 19.54 acre remainder parcel. The 1.61 acre parcel will be developed as the impound/towing yard proposed in CUP 95-14 and VAR 95-08. The IL land use district requires a minimum lot size of 20,000 square feet. This parcel map request subdivides the property into two parcels of 1.61 acres and 19.54 acres, both well in excess of minimum lot size requirements. Conditional Use Permit Request The applicant proposes construction of an impound yard and towing facility. Pursuant to Development Code Section 19.08.020, Table 08.02, the facility is permitted in the EL (Industrial Light) land use i district, subject to the approval of a Conditional Use Permit. The facility will provide towing services and temporary impounding of cited or confiscated vehicles and is on the tow rotation for both the Sheriffs Department and the Highway Patrol. Proposed office operations will be between 8:00am and 5:00pm, Monday through Friday and will employ approximately 6 or 7 employees. Towing and impounding operations will occur 24 hours a day, 7 days a week, with one security guard on duty 24 hours a day. The proposal meets the minimum front, rear and east side setbacks for the IL land use district. As discussed elsewhere in this staff report, a variance has been requested for the west side setback. Access to the site is from 6th Street. The design of the project provides for two, 25' wide driveways with manually controlled gates. The parking area/internal circulation is designed to Development Code standards and allows for adequate circulation of tow trucks and customer vehicles. Twenty four (24) parking spaces are provided; 5 for tow trucks and 16 for office employees and customers. The 20 standard and 1 handicap parking spaces are in excess of the 20 spaces required by the Development Code for this type of facility. The proposed office building will be one story with Terra Cotta color concrete file roof. As recommended in the Industrial Development Design Guidelines, the front elevation of the building has been architecturally enhanced with columns and arches to provide visual interest. The auto storage building will be constructed of concrete block and stucco painted a two toned scheme of Light Rose and CUP 95-14, TPM 14830& VAR 95-08 Hearing Date: 10-17-95 Page 4 Light Sand. The storage building will be designed as an integral part of the perimeter wall. Staff has required that architectural relief be designed into the walls to avoid a monotonous wall face. The design incorporates 5,890 square feet of landscaping which is equivalent to 73% of the total paved parking area, 58% more than the 1210 sq. ft. required by the Development Code. Variance Reguesr The applicant is requesting a variance from the 10' west side setback to place an auto storage building at the property line so that it can be integrated into the perimeter wall design. The storage building will be 12' high and have a flat roof, which will not impact the adjacent property owners ability to construct a building on the adjacent property. Placement of the building 10 feet away from the perimeter wall would create opportunity for vandals and trespassers to enter the site unseen, thereby compromising security. The variance request is appropriate because: • An efficient and safe design of the parcel cannot be provided in accordance with EL standards without reduction of the west side setback. • The reduction of the setback will not impact the adjacent property owners as the building is only 12' in height and integrated into the proposed perimeter wall. • The proposed reduction of the setback is the minimum necessary to provide complete security to the impound yard. + Industrial building construction is consistent with General Plan Policy 1.2.1. In order for a variance to be approved, six Findings must be made as specified in Section 19.72.050 i of the Development Code. Those Findings of Fact are shown on Attachment 'D'. CONEWENTS RECEIVED The California Regional Water Quality Control Board submitted a letter stating that the applicant is not required to obtain a NPDES permit or prepare a spill prevention plan. CONCLUSION The necessary findings can be made to support approval of Conditional Use Permit 95-14 and Variance 95-08, as required in Development Code Sections 19.36.050 and 19.72.050 respectively. The development proposed in Tentative Parcel Map 14830 is consistent with the General Plan and Development Code. The project is subject to CEQA and a Negative Declaration has been prepared. CUP 95-14, TPM 14830& VAR 95-08 Hearing Date: 10-17-95 Page 5 RECOMMENDATION Staff recommends that the Planning Commission: 1. Adopt the Negative Declaration. 2. Approve Tentative Parcel Map 14830, Conditional Use Permit 95-14 and Variance 95-08 based on the Findings of Fact (Attachments E and F) and subject to the attached Conditions of Approval (Attachment H) and Standard Requirements (Attachment 1). Respectfully submitted, MICHAEL E. HAYS Assistant Director of Planning and Building Services MARGARET E. PARK Associate Planner Attachments: A - Location Map B1- Site Plan B2- Parcel Map C - Architectural Elevations D - Development Code Conformance Table E - Conditional Use Permit Findings of Fact F - Variance Findings of Fact G - Applicants Variance Findings of Fact H - Conditions of Approval I - Standard Requirements J - Initial Study CITY OF SAN BERNARDINv ATTACHMEDA' GENERAL PLAN LAND USE DESIGNATI®N Adopted Date s -2-i� Panel No. I NIMG S7 ST GALA '141RCLI � az` I •rrE. 1 �V � 11 D ..... ., •171 R11► RR C GL( I � ORCE BASE s � �'�� ZIP ► � � Z b 77� � � Q. � � •�� SS Swo a CP 1 , , - as : z 1 as JTt S_ u �+J 0 r • �"' t� � � ;. /��t i� � !( lily 111 ' � Jill h�-I,.�t !r �j►;,I iii Vii; l.tlll tip i11PSitlt I.t t tla il:uti��lt,�t�t < s �•-,.� Y a lit it ZA 4 ` �E' z N Z Za ,3 W ' 19iffG N/NCY�Y/W) wu i 0 le, LIN J i; '��h1.;ii;f; i �'i N a •s. ,. 1• s�. ss 1111 I'M M144 II1I ,i1111i,iitl It 1 Im Ii I'#M144 O PA to ST a :Kfi S 3- .� hi - > 0 1— V o 11 F Q ty • < f 1 q . � JLj„� Z Q J f Z , 7.N}ly fF17aQtV ' Ul z LU • �" � I.F V i � t I its ,C. - I I 1 u � � s 11 ATTACHMENT 'D' DEVELOPMENT CODE CONFORMANCE TABLE CUP 95-14/TPM 14830/VAR 95-08 CATEGORY PROPOSAL DEVELOPMENT GENERAL CODE PLAN Permitted Use Impound Yard CUP required N/A Lot Size (sf.) 70,131 S--.T.,. 20,000 s.f. N/A Parking 20 Std./1 Handicap 19 Std./1 N/A Handicap Landscaping 5890 sq. ft. 1210 sq. ft. N/A 73% 15% Lot Coverage 6.5% 75% N/A Setbacks Rear 126' 10' N/A East Side 10' 10' West Side 0' 10' Front 85' 10' CUP 95-14, TPM 14830& VAR 95-08 Hearing Date: 10-17-95 Page 6 ATTACHMENT "E" CONDITIONAL USE PERNUT FINDINGS OF FACT The proposed use is conditionally permitted within, and would not impair the integrity and character of the subject land use district and complies with all of the applicable provisions of this Development Code in that impound/towing yards is an allowed use with approval of a conditional use permit. The proposed use is consistent with the General Plan in that Policy 1.2.1 allows for the development of new industrial uses. 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 in that an Initial Study and a Mitigated Negative Declaration were prepared. There will be no potentially significant negative impacts upon environmental quality and natural resources that could not be propeLly mitigated and monitored in that all mitigation measures have been added to the conditions of approval. 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 project is located in an IL district, it provides parking and landscaping above what is required by the Development Code and is proposed to be operated in a manner similar to other impound yards. The subject site is physically suitable for the type and density/intensity of use being proposed in that the project is a flat, vacant site and has direct access to 6th Street. 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 in that the parcel fronts on an improved road, and a 21" sewer main and 8" water line adjacent to the project to provide service. CUP 95-14, TPM 14830& VAR 95-08 Hearing Date: 10-17-95 Page 7 ATTACHMENT 'F' VARIANCE FINDINGS OF FACT That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this Development Code deprives such property of privileges enjoyed by other property in the vicinity and under identical land use district classification, in that a safe and efficient design cannot be provided in accordance with EL standards without reduction of the side setback. That granting the variance is necessary for,the preservation and enjoyment of a substantial property right possessed by other property in the same"vicinity and land use district and denied to the property for which the variance is sought. The proposed reduction of the side setback is the minimum necessary to provide security to the property. That granting the variance will not be materially detrimental to the public health, safety, or welfare, or injurious to the property or improvements in such vicinity and land use district in which the property is located. The reduction of the side setback will not impact adjacent property owners as the building is only 12' in height and integrated into the proposed perimeter wall. That granting the variance does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and land use district in which such property is located. The necessity for a secure property is a staple of good site design and is essential for industrial uses. 1 That granting the variance does not allow a use of activity which is not otherwise expressly authorized ' 1 by the regulations governing the subject parcel.The variance only allows a decrease in the side setback to integrate the auto storage building into the surrounding wall. That granting the variance will not be inconsistent with the General Plan. Industrial building construction is consistent with General Plan Policy 1.2.1 1 1 ' 1 toomey ATTACHMENT 'G'- associates August 10, 1995 City of San Bernardino Planning Division Project Owner/Applicant: Angel Leon, "San Bernardino Towing" Project Description: Auto Tow Yard Facility Planning Applications: Conditional Use Permit Variance (Required.Setback) SUMMARY San Bernardino Towing is proposing to locate its vehicle towing facility on a vacant parcel, approximately 1,500 feet east of Sterling Avenue. The site is 70,300 square feet in area (1.61 ac.) with general dimensions of 185 feet wide and 380 feet deep. Sixth Street forms the northern boundary of the site, the south and west boundaries are adjacent to vacant parcels, while the east boundary is adjacent to a disposal container storage yard. The subject parcel has been designated Light Industrial (II.) by the City of San Bernardino General Plan. The Development Code establishes building setbacks for the Light Industrial district as.10 feet on all four sides. The proposed project does not provide this setback on the west property line,where the auto storage building has been located. The 30'x 100'building is proposed to occupy the entire 10 foot setback, with the west side of the building located on the west property line. Due to the physical characteristics of the site and the operational requirements of the tow facility, a Variance is requested for the previously described setback. Therefore,the items listed below make up the Variance application: Variance Request Items: 1. Reduce set backs as required in Code Sections 19.14.030(1)(A): • Side - 0' proposed;_10' required. 34590 county line road,suite 5 yucaipa,ca 92399 (909) 795-1899 VARIANCE FINDINGS A. There are special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this Code deprives such property of privileges enjoyed by other property in the vicinity and under identical land use district classification; The subject parcel and the surrounding parcels on the south and west sides extending to the adjacent streets are currently vacant. The parcel on the east is developed, however, located outside the city limits, within the City of Highland. The Development Code permits encroachment into the side yard in the IL District when there are buildings on the adjacent parcel located on the property line. As a result, the;:special circumstance applicable to this property is that there are no opportunities for building on the property line for the subject parcel. Typically, an auto storage yard requires utilization of the entire storage area for effective operation. The locating of an auto storage building 10 feet from the property line or in the middle of the site generates operational limitations that inhibit the efficient use-of the site. A 10 foot setback area is lost for practical usage, while expanding the distance from the property line to accommodate parking and circulation further limits the use of the site due to the impact of the building location. Auto tow yards most effectively operate by having as large an area possible available for storage and circulation without the impact of a building located within the yard area. By occupying the site with a proposed structure on the property line, this restriction can be abated. It should be noted that the Commercial Heavy district, in some cases a more restrictive land use district, requires no side or rear building setbacks for permitted auto impound towing facilities. As a result of the strict application of the Development Code, this property ,would be deprived of the privilege of developing the parcel to the level of use achieved by other light industrial properties fortunate to have adjacent buildings on the property line. B.That granting the Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and land use district and denied to the property for which the Variance is sought; It is the development standards of the IL district, not a particular land use, to which the Variance request is related. However, meeting the identified setback requirement causes the reduction of storage yard area and impacts the operational characteristics of the land use. Variance Findings 2 San Bernardino Towing, C.U.P. C.That granting the Variance will not be materially detrimental to the public health, safety, or welfare, or injurious to the property or improvements in such vicinity and land use district in which the property is located; If constructed as required by code, the 10 foot space has the potential to conceal intruders to the site, as well as to collect trash. As a result, safety can be improved with the elimination of the 10 foot space between the block wall and the building west wall. Therefore, the elimination of the side yard setback for the building location will not adversely impact the public, health, safety or welfare. D.That granting the Variance does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and land use district in which such property is located; The majority of parcels in the immediate vicinity in the IL District are currently vacant. However, upon granting of the subject variance, the Development Code permits other buildings to be located within the side setback area on the adjacent property line, along side the proposed building. Under this condition, the limitation with regard to the side setback, has been eliminated for the adjacent parcel with the granting of the variance. Otherwise, where new development is proposed on other vacant parcels, the same remedy proposed by this variance, to achieve a zero setback, would be necessary. E.That granting the Variance does not allow a use or activity which is not otherwise expressly authorized by the regulations governing the subject parcel; Granting this Variance only provides for the reduction in setback area, a development standard issue, not permitting additional uses in the IL district. The auto towing facility is permitted in this district by the approval of a conditional use permit. j F.That granting of the Variance will not be inconsistent with the General Plan. Relative to Light Industrial design and development guidelines, the proposed project provides extensive landscaping and buildings that convey visual interest to satisfy the intent of the design policies in the General Plan for light industrial development (Objective 1.32, Policies 1.32.30 & 1.32.31). In Variance Findings 3 San Bernardino Towing, C.U.P. addition, elimination of the setback area can be found consistent with the Public Safety policies regarding on site security (Goal 10, 1.49.1 & 1.49.2). As a result, the granting of the Variance does not violate, directly or indirectly, the goals, objectives or policies of the General Plan. Pre ared by, O EY & ASSOCIATES Paul Toomey Planner Vwimw Find W 4 San Beamrdino Towing, C.U.P. CUP 95-14, TPM 14830& VAR 95-08 Hearing Date: 10-17-95 Page 8 ATTACHMENT 'H' CONDITIONS OF APPROVAL Tentative Parcel Map 14830, Conditional Use Permit 95-14 & Variance 95-08 1. Within two years of this approval, commencement of construction shall have occurred or the permit/approval shall become null and void. Ind addition, if after commencement of construction, work is discontinued for a period of one year, then the permit/approval shall become null and void. Projects may be built in phases if pre-approved by the review authority. If a project is built in pre-approved phases, each subsequent phase shall have one year from the previous phase's date of construction commencement to have occurred or the permit/approval shall become null and void. —Project:Tentative Parcel Map 14830, Conditional Use Permit 95-14 & Variance 95-08 Expiration Date: October 17, 1997 2. The review authority may, upon application being filed 30 days prior to the expiration date and ; for good cause, grant one time extension not to exceed 12 months. The review authority shall ensure that the project complies with all current Development Code provisions. 3. In the event that this approval is legally challenged, the City will promptly notify the applicant of any claim or action and will cooperate fully in the defense of the matter. Once notified, the applicant agrees to defend, indemnify, and hold harmless the City, its officers, agents and employees from any claim, action or proceeding against the City of San Bernardino. The applicant further agrees to reimburse the City of any costs and attorneys' fees which the City may be required by a court to pay as a result of such action, but such participation shall not relieve applicant of his or her obligation under this condition. 4. Construction shall be in substantial conformance with the plan(s) approved by the Commission. Minor modification to the plan(s) shall be subject to approval by the Director through a minor modification permit process. Any modification which exceeds 10% of the following allowable measurable design/site considerations shall require the refiling of the original application and a subsequent hearing by the appropriate hearing review authority, if applicable. a. On-site circulation and parking, loading and landscaping; b. Placement and/or height of walls, fences and structures; C. Reconfiguration of architectural features, including colors, and/or modification of finished materials that do not alter or compromise the previously approved theme. 5. This permit or approval is subject to all the applicable provisions of the Development Code in effect at the time of approval. This includes Chapter 19.20 (Property Development Standards), and includes: dust and dirt control during construction and grading activities; emission control 0 CUP 95-14, TPM 14830&VAR 95-08 Hearing Date: 10-17-95 Page 9 of fumes, vapors, gases and other forms of air pollution; glare control; exterior lighting design and control; noise control; odor control; screening; signs, off-street parking and off-street loading; and vibration control. Screening and sign regulations compliance are important considerations to the developer because they will delay the issuance of a Certificate of Occupancy until they are complied with. Any exterior structural equipment, or utility transformers, boxes, ducts,or meter cabinets shall be architecturally screened by a wall or structural element, blending with the building design and include landscaping when on the ground. 6. All gates for the project shall be constructed of wrought iron. 7. The applicant shall obtain a hazardous material permit from the Hazardous Materials Sections of the San Bernardino County Department of Environmental Health Services per their requirements. A copy of this permit shall be submitted to the Planning Division for incorporation into the project file. 8. The applicant shall either pave the impound area or surface it with 4 inches of rolled slag. If a rolled slag surface is chosen, it must be of an inert slag material, 4 inches thick, that does not contain any minerals, metals or elements capable of leaching from the slag into the soil or groundwater. 9. All perimeter block walls shall be designed with pilasters at 50 feet on center. 10. This permit or approval is subject to the attached conditions or requirements of the following City Departments or Divisions: a. Building Services Division of the Planning and Building Services Department Ib. Public Works (Engineering) Department C. San Bernardino Fire Department d. Parks, Recreation & Community Services Department i i I STANDARD REQUIREMENTS DEVELOPMENT SERVICES DIVISION Page 1 ATTACHMENT "I" STANDARD CONDITIONS 1. Submit plans prepared by a Registered Building Architect or Civil or Structural Engineer. 2. Submit a complete lateral and structural analysis prepared by a Registered Civil or Structural Engineer or Architect. 3. Submit State of California Title 24 Energy Calculation Forms for non-residential buildings including a signed compliance statement. 4. Submit calculations and structural drawings, prepared by a Registered Civil Structural Engineer or Architect. 5. Submit four (4) complete,$ets of construction plans including: a. Copy of conditions (3). b. Soils and liquefaction report (3). C. Energy Calculations (3). d. Structural calculation (3). 6. Submit a single line drawing of the electrical service. Show all equipment, conduit and wire sizes and types. Show the service ground size and grounding electrode. 7. Submit panel schedule(s) and electrical plans. 8. Submit a plan of the heating, ventilating or air conditioning-system. (Clearly identify the location and rating of the equipment and the sizes and material of all ducts, registers and the location of all fire dampers). Show means of providing mechanical ventilation as d required by the 1991 Uniform Building Code. 9. Submit gas pipe loads, sizing calculations and isometrics, if applicable. 10. Provide a plot plan showing the location of the proposed sewer system. 11. Submit isometric plans of the cold and hot water and drain waste and vent systems, if applicable. e STANDARD REQUIREMENTS DEVELOPMENT SERVICES DIVISION Page 2 12. Show compliance with Title 24 for disabled access in the following: path of travel to building; entrance to building and restroom. 13. Assessor's Parcel Number (289-231-08). 14. Contractor's City license. 15. Contractor's State license. 16. Sewer capacity rights from Water Department, 384-5093, Neil Thomsen. i 17. School fees from Unified School District, 381-1179. 18. Other: Plan Check time is approximately 5 to 6 weeks Expeditious Plan Check time is approximately 10 workings days. Contact Development Services at 19091 384-5071 for possible expeditious plan check. 19. Deposit: $ 777.10 . Plan Check fees required for development. If project is to be phased, Plan Check fees are to be paid at each phase. 20. Provide waste water approval. s 21. Project shall comply with all 1991 codes. STANDARD REQUIREMENTS DEPARTMENT OF PUBLIC WORKS) CASE NO. OUP 9.-14. CITY ENGINEER VAR 95-08. & PA114830. DESCRIPTION: TOW/NGAND STORAGE HEARING DATE YARD AGENDA ITEM LOCATION: S011THS/OEOF5TH ST. WEST OFLAA/fCERSH/EMAV. PAGE NO: • NOTE TO APPLICANT. Where separate Engineering plans are required, the applicant is responsible for submitting the Engineering plans directly to the Engineering Division. They may be submitted prior to submittal of-Building Plans. 1. Drainage and Flood Control a) 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. b) Applicant shall mitigate on-site storm water discharge sufficiently to maintain compliance with the City's NPDES Storm Water Discharge Permit Requirements. A"Notice of Intent (NOD" shall be filed with the State Water Quality Control Board for construction disturbing 5 acres of more of land. c) An Erosion Control Plan shall be approved by the City Engineer prior to grading plan approval. 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. 2. Grading a) If more than 1' of fill or 2' of cut is proposed, the site/plot/grading and drainage plan shall be signed by a Registered Civil Engineer and a grading permit will be required. The grading plan shall be prepared in strict accordance with the City's "Grading Policies and Procedures" and the City's "Standard Drawings", unless otherwise approved by the City Engineer. Page 1 9/27/95 STANDARD REQUIREMENTS DEPARTMENT OF PUBLIC WORKS/ CASE NO. CUP 95-l4 CITY ENGINEER VAR 95-08. & PM 14630 DESCRIPTION: TOWDYGAMD STORAGE HEARING DATE YARD AGENDA ITEM LOCATION: SOUTH S/DEOF6TH Sr. WESTOFL AKERSh%5VA(/ PAGE NO: b) If more than 5 trees are to be removed from the site, a tree removal permit conforming to the requirements of Section 19.28.090 of the Development Code shall be obtained from the Department of Planning and Building Services prior to issuance of any grading or site development permits. C) If more than 5,000 cubic yards of earthwork is proposed, a grading bond will be required and the grading shall be supervised in accordance with Section 7012(c) of the Uniform Building Code. d) An on-site Improvemdnt Plan is required for this project. Where feasible, this plan shall be incorporated with the grading plan and shall conform to all requirements of Section 15.04-167 of the Municipal Code(See "Grading Policies and Procedures'. e) The on-site Improvement Plan shall be approved by the City Engineer. Site Design shall comply with all requirements of The California Building Code, Title 24, relating to handicap parking and accessibility. f) A handicap accessible path of travel shall be provided from the public way to the building entrance. All pathways shall be paved and shall provide a minimum clear width of 4 feet . Where parking overhangs the pathway, the minimum paved width shall be 6 feet. g) A reciprocal easement shall be recorded prior to grading plan approval if reciprocal drainage, access, sewer, and/or parking is proposed to cross lot lines. h) The project Landscape Plan shall be reviewed and approved by the City Engineer prior to issuance of a grading permit. Submit 5 copies to the Engineering Division for Checking. Page 2 9/27/95 �- STANDARD REQUIREMENTS DEPARTMENT OF PUBLIC WORKS/ CASE NO. P -14 Q(TY ENGINEER VAH 85-08 & PAN 14830. DESCRIPTION: TOWING;. W STOR_A_GE _ HEARING DATE YARD AGENDA ITEM LOCATION: S0UTHS1VE0F5TH ST WEST OFLANKERSH/E&Af/. PAGE NO: i) 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. The Real Property Section for execution by the property owner and shall ensure that , if the yoperty owner or subsequent owner(s) fail to properly maintain the landscaping, the City will be able to file appropriate liens against the property in order to accomplish the required landscape maintenance. A document processing fee in the amount of 2$ 00.00 shall be paid to the Real Property Section to cover processing costs. This easement and covenant shall be executed by the property owner prior to plan approval unless otherwise allowed by the Director of Public Works/City Engineer., 3. Utilities 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, water, sewer and cable TV (Cable TV optional for commercial, industrial, or institutional uses). b) Each parcel shall be provided with separate water and sewer facilities so it can be served by the City or the agency providing such services in the area. C) Backflow preventers shall be installed for any building with the finished floor elevation below the rim elevation of the nearest upstream manhole. d) Sewer main extensions required to serve the site shall be constructed at the Developer's expense. Sewer systems shall be designed and constructed in accordance with the City's "Sewer Policy and Procedures" and City Standard Drawings. Page 3 9/27/95 - r STANDARD REQUIREMENTS DEPARTMENT OF PUBLIC WORKS/ CASE NO. CUP95-14 CITY ENGINEER VAR. 95-06 & P6!14830_ DESCRIPTION: TO ZYGAND STORAGE HEARING DATE YARD AGENDA ITEM LOCATION: SOUTHS/DEOF5TH ST. NESTOFL4NKERSHLWa_V PAGE NO: e) Utility services shall be placed underground and easements provided as required. f) All existing overhead utilities!-a djacent to or traversing the site on either side of the street shall be undergrounded in accordance with Section 19.30.110 of the Development Code. g) Existing Utilities which interfere with new construction shall be relocated at the Developer's expense as directed by the City Engineer, except overhead lines, if required by provisions of the Development Code to be undergrounded. See Development Code Section 19.30.110 . 4. Mapping a) A Parcel Map based upon field survey will be required. b) All street names shall be subject to approval of the City Engineer prior to Map approval. c) Additional survey and map information including, but not limited to, building setbacks, flooding and Zones, seismic lines and setbacks, geologic mapping and archeological sites shall be filed with the City Engineer in accordance with Ordinance No. MC-592. 5. Improvement Comoletion a) Street, sewer, and drainage improvements plans for the entire project shall be completed, subject to the approval of the City Engineer, prior to the recordation of the Parcel Map. Page 4 927195 STANDARD REQUIREMENTS DEPARTMENT OF PUBLIC WORKS/ CASE NO. CUP 95-14. CITY ENGINEER VAR 95-08. & A&>4830 DESCRIPTION: TOW/NGAND STO AGE HEARING DATE YARD AGENDA ITEM LOCATION:_ SOUTHSQ OF6TH ST. WEST OFLAMK RsNIEY e v PAGE NO: b) If the required improvements are not completed prior to recordation of the Parcel Map, and improvement security accompanied by an agreement executed by the developer and the City will be required. j c) Street light energy fee to pay cost of street light energy for a period of 4 ! years shall be paid. Exact amount shall be determined and shall become payable prior to map recording. 6. Street Improvement and Dedications a) All public streets within and adjacent to the development shall be improved to include combination curb and gutter, paving, handicap ramps, street lights, sidewalks and appurtenances, including, but not limited to traffic signals, traffic signal modifications, relocation of public or private facilities which interfere with new construction, striping, shall be accomplished in accordance with the City of San Bernardino "Street Improvement Policy" and City "Standard Drawings", unless otherwise approved by the City Engineer. Street lighting, when required, shall be designed and constructed in accordance with the City's "Street Lighting Policies and Procedures". Street lighting shall be shown on street improvement plans except where otherwise approved by the City Engineer. b) For the streets listed below, dedication of adequate street right-of way (R.W.) to provide the distance from street centerline to property line and placement of the curb line(C.L.) in relation to the street centerline shall be as follows: 1 ♦ Street Name Riaht-of-Wav(ft.l Curb Linetftl Sixth Street 44' 32' Page 5 9127195 STANDARD REQUIREMENTS DEPARTMENT OF PUBLIC WORKS/ CASE NO. CUP 95-14. CITY ENGINEER VAR 95-08. & PA114830. DESCRIPTION: TCWIJVGAND STORAGE HEARING DATE YARD AGENDA ITEM LOCATION: SOUTH SIDE OF 6TH ST. WEST OFLANKERSH/EMA(/. PAGE NO: IL- 11 c) Construct 8" Curb and Gutter per City Standard No. 200 adjacent to the site. Widen pavement adjacent to the site to match new curb and gutter. Construct approach and departure transitions for traffic safety and drainage as approved by the Director of Public Works/City Engineer. i d) Construct sidewalk adjacent to the site in accordance with City Standard No. 202, Case "A" (6' wide adjacent to curb). e) Construct Driveway Approaches per City Standard No. 204, Type II, including Handicap 15y-pass. Remove existing driveway approaches that are not part of the approved plan and replace with full height curb & gutter and sidewalk. f) Install Street Lights adjacent to the site in accordance with City Standard Nos. SL-1 and SL-2. 7. Required Engineering Permits a) Grading permit(If applicable.). b) On-site improvements construction permit(except buildings - see Planning and Building Services), including landscaping. i c) Off-site improvements construction permit. Page 6 9/27/95 i - A STANDARD REQUIREMENTS DEPARTMENT OF PUBLIC WORKS! CASE NO. CLIP 9,-14. QITY ENGINEER VAR 95708 & PA1148M DESCRIPTION: TOW/NGAND STORAGE HEARING DATE YARD AGENDA ITEM LOCATION: SOUTH S/DEOFSTH ST. WEST OFL4NKERSH/ENAV PAGE NO: 1. Applicable Engineering Fees' a) Plan check fee for Final/Parcel Map - $ 1,000.00 plus $ 30.00 per lot or parcel. b) Plan check and inspection fees for off-site improvements - 4% and 4%, respectively, of the estimated construction costz of the off-site improvements. C) Plan check and inspection fees for on-site improvements(except buildings - See Planning and Building Services) - 2% and 3%, respectively, of the estimated construction costa of the on-site improvements, including landscaping. d) Plan check and inspection fees for grading (If permit required) - Fee Schedule available at the Engineering Division Counter. e) Drainage fee in the approximate amount of $9,820 . Based on 70.300 Square Feet @ $ 0.379 per square foot for the first 3,000 square feet of impervious lot area (70,300 Total - 5,890 LS = 64,410 Impervious), then $ 0.130 per square foot of remaining impervious lot area or fraction thereof. f) Traffic system fee in the estimated amount of $2100 . Based on 139 trips per day @ $ 15.10 per new trip generated by the project. Exact All Fees are subject to change without notice. Estimated Construction Cost for Off-site improvements is based on a list of standard unit prices on file with the Department of Public WoricslCity Engineer. 'Estimated Construction Cost for On-Site improvements is based on a list of standard unit prices on file with the Department of Public Works/City Engineer. Page 7 927/95 STANDARD REQUIREMENTS DEPARTMENT OF PUBLIC WORKS/ CASE NO. CUP 95-14. CITY ENGINEER VAf7 95-08. & SW 14830. DESCRIPTION: IOW/NGAND STORAGE HEARING DATE YARD AGENDA ITEM LOCATION: SOUTHS/DE OFSTH Sr. WEST OFL4NKERSH"A(/ PAGE NO: amount shall be determined by the City Traffic Engineer at time of application for Building Permit. g) Sewer Connection fee in the fipproximate amount of $428.60 . Based on 4,600 Total Square Feet of Bldg Area @ $ 214.30 per 3,000 square feet or fraction thereof. h) Sewer inspection fee in the amount of 18 . Based on 1 connection 18.07 per connection. J) Street or easement dedication processing fee in the amount of 200.00 per document Of dedication by separate document is involved). Page 8 9127195 CITY OF Sr BERNARDINO FIRE DL 'ITMENT STANDARD REQUIREMENTS Case: 0 L) . DCGuPd Date: /7000 Reviewed By: 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) 384-5388 for specific detailed requirements. The developer shall provide for adequate fire flow as computed by the Fire Prevention Bureau. Minimum fire flow requirements shall be based on square footage, construction features, and exposure information supplied by the developer and must be available nnor to placing combustible materials on site. WATER PURVEYOR FOR FIRE PROTECTION: The fire protection water service for the area of this project is provided by: ❑ San Bernardino Municipal Water Department - Engineering (909) 384-5391 East Valley Water District- Engineering (909) 888-8986 ❑ Other Water Purveyor: Phone: PUBLIC FIRE PROTECTION FACILITIES: Public fire hydrants are required along streets at intervals not to exceed 300 feet for commercial and multi-residential areas and at intervals not to exceed 500 feet for residential areas. Fire hydrant minimum flow rates of 1,500 gpm at a 20 psi minimum residual pressure are required for commercial and mufti-residential areas. Minimum fire hydrant flow rates of 1,000 gpm at a 20 psi minimum residual pressure are required for residential areas. ❑ Fire flow requirements may be met from the combined flow of two adjacent fire hydrants. Fire flow requirements may be adjusted, as deemed appropriate by the Fire Department, based on individual site specific conditions and available mitigations. Fire hydrant type and specific location shall be jointly determined by the City of San Bernardino Fire Department in conjunction with the water purveyor. Fire hydrant materials and installation shall conform to the standards and specifications of the water purveyor. 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 the water purveyor's discretion. Contact the water purveyor indicated above for additional information. ACCESS: j ❑ Provide two separate, dedicated routes of ingress/egress 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 surface of not less than 20 feet of unobstructed width. ❑ Extend roadway to within 150 feet of all portions of the exterior wall of all single story buildings. ❑ Extend roadway to within 50 feet of the exterior wall of all multiple-story buildings. 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". ❑ 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. i 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%inch and 4 inch outlet, and approved by the Fire Department. 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 parked vehicles. BUILDINGS: • 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, single 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 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 automatic fire sprinklers designed to NFPA standards. ❑ All buildings, other than residential, over 5,000 square feet, shall be equipped with an aftomatic fire sprinkler system designed to NFPA standards. This includes existing buildings vacant over 180 days. ❑ Submit plans for the fire protection system to the Fire Department prior to beginning construction of the system. ❑ Tenant improvements in all sprinklered buildings are to be approved by the Fire Department prior to start of construction. ❑ Provide fire alarm (required throughout). Plan must be approved by the Fire Department prior to start of installation. ❑ Fire Department connection to (sprinkler system/standpipe system) shall be required at Fire Department approved location. Note: The applicant must request, in writing, any changes to Fire De pa ent requirements. /+ 0DDITIONAL INFORMATION: O/l/��(2K �N/ICY MuaoG'�� �R (r'i�7�♦ ,A)-S/rF" "ZU-142-_ PR I a4 T O C G r ye?O O L 0,4e _� X/7— ,,�7i ® V--SI T� 3 r9AJ O PTlO•c> 70 acv - s irk /,�E �D.<9�/T /-s' fl v/'Gr�l.�i'i F11� S'/s lc.i�('LCZS /� �o-- Sri(uC.TV,QES. �AOo viDe Floo,k dw �i¢•fJi�: FPB 170(11.94) CITY OF SAN BERNARDINO PARKS, RECREATION & COMMUNITY SERVICES INTEROFFICE MEMORANDUM TO: MARGARET E. PARK, ASSOCIATE PLANNER FROM: MATTHEW S. SWALBERG, PARK PROJECTS COORDINATOR SUBJECT: STANDARD REQUIREMENTS FOR C.U.P. 95-14 AND T.P.M. # 14830 DATE: AUGUST 29, 1995 COPIES: ANNIE F. RAMOS, bIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT E ED YELTON, SUPERINTENDENT OF PARKS After reviewing the project and visiting the project site, this department has concluded that only Standard Requirements will be necessary, and that no Special Conditions will apply at this time. Please review the attached Standards and forward them along with the pink copy of the cover sheet to the project applicant for review and incorporation. Should you have any questions, please feel free to contact me at 384-5217. MATTHEW S. SWALBERG PARK PROJECTS COORDINATOR MSS/amt Attachment . I o �� M AUG 3 1 �� PM/cup 95-14/tpm 14830 DE CITY AP.OF 'SA-,kJ ENT OF a�4`rliiiti� & BUILC.'NG 3EAV.;CcS 0 f CITY OF SAN BERNARDINO b--<XS, RECREATION COMMUNITY SERVICES DEPARTMENT STANDARD REQUIREMENTS rr ,, — Case: �-�r�Vl� J' 4 1 1" Imo, Date: 2$ a5 14&3c Reviewed By: be CiffiBERAL REQUIREMENTS: I)(l Commercial Industrial and Multi-Unit . [ ] Assessment District [ ] Residential I l Purpose, Guidelines and submittal procedure - [ Irrigation and Landscaping Plans. [kl Contact the City of San Bernardino Parks,Recreation and Community Services Department at (909) •,. 384-5317 or 384-5314 for specific detailed requirements. 8PZCIFIC REQU33UDUNTS: [�g Maintenance of landscape areas I X] Planter Areas I ] Interior Planter Areas I Irrigation Systems [ I Setback Areas [ ] Slope Areas lam] Ground Cover and Bedding Material ["7 Erosion Control [ ] Need Control PLC MATERIALS I�(I Plant list and climatic conditions I)(] Street Trees - [)(] Plant Material Size Requirements and Ratios INSPECTION AND OTMM REQUIREIMTS [�(] Irrigation System [ ] Landscaping I I Hardccape Items [ ] Street tree Specifications I I Arborist Report I ] Removal•.or destruction of trees [ I Screening Requirement (City, Dev.Code) Mote: The applicant must request, in writing, any changes to the Parks, Recreation and Community Services requirements. Additional information ors 01 t City O O Environmental Impact Checklist CUP 95-14/TPM 14830 Page 1 August 24, 1995 ATTACHMENT U INITIAL STAY CONDITIONAL USE PERMIT NO. 95-14, TENTATIVE PARCEL MAP NO. 14830 & VARIANCE NO. 95-08 Project Description/Location: A request to construct a 24 hour towing and impound facility on a 1.61 acre parcel. The parcel map is being processed concurrently in order to subdivide a 21.15 acre parcel into the above referenced 1.61 acre parcel and a 19.54 acre remainder parcel. A variance has also been requested to allow construction of a vehicle storage building abutting the property line and within the required 10' setback. Date: August 24, 1995 f Applicant: Angel & Rose Leon San Bernardino Towing 7712 Victoria Avenue Highland, CA 92346 Prepared by: Margaret E. Park Associate Planner City of San Bernardino Planning and Building Services 300 North "D" Street San Bernardino, CA 92418 INITIAL STUDY Conditional Use Permit No. 95-14, Tentative Parcel Map No. 14830 & Variance 95-08 INTRODUCTION This Initial Study is provided by the City of San Bernardino for Conditional Use Permit No. 95- 14, Tentative Parcel Map No. 14830 and Variance No. 95-08. It contains an evaluation of potential adverse impacts that can occur if the proposed conditional use permit and tentative parcel map are approved. The California Environmental Quality Act (CEQA) requires the preparation of an Initial Study when a proposal must obtain discretionary approval from a governmental agency and is , not exempt from CEQA. The purpose of the Initial Study is to determine whether or not a proposal, not exempt from CEQA, qualifies for a Negative Declaration or whether or not an Environmental Impact Report (EIR) must be prepared. The following components constitute the Initial Study for CUP 95-14, TPM 14830 & VAR 95- 08: • Project Description • Site and Area Characteristics • Environmental Setting • Environmental Impact Checklist • Discussion of Environmental Evaluation and Mitigation Measures • Conclusion/Environmental Determination Combined, these components constitute the complete Initial Study. PROJECT DESCRIPTION The project consists of a request to construct a 24 hour towing and impound facility on a 1.61 acre parcel. The parcel map is being processed concurrently in order to subdivide a 21.15 acre parcel into the above referenced 1.61 acre parcel and a 19.54 acre remainder parcel. A variance has also been requested to allow construction of a vehicle storage building abutting the property line and within the required 10' setback. The subject site consists of Assessor's Parcel Number 289-231-08, The site is located on the south side of 6th Street, 630 feet west of Lankershim Street in the IL (Industrial Light) land use district. SITE AND AREA CHARACTERISTICS The proposed 1.61 acre parcel is vacant and is located at the City boundary, adjacent to the City of Highland. ENVIRONMENTAL SETTING The subject site is located within an area of potential ground subsidence and may be in an area of high potential for wind erosion. . City of San Bernardino Environmental Impact Checklist CUP 95-14/TPM 14830 Page 4 August 24, 1995 CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT ENVIRONNITZIUAL IMPACT CHECKLIST ENVIRONMENTAL IMPACTS Explain "Yes" and "Maybe" answers on a separate attached sheet. "No" answers are explained on this checklist. See Attachment "A" Preliminary Environmental Description Form, where necessary. 1. Earth Resources: Will the proposal Yes No Maybe result in: a. Earth movement (cut and/or fill) on slopes of 15% or more based on information contained in the Preliminary Environmental Description Form No. D.(3)? X b. Development and/or grading on a slope greater than 15% natural grade based on review of General Plan HMOD map, which designates areas of 15% or greater slope in the City? _X c. Development within the Alquist- Priolo Special Studies Zone as defined in Section 12.0-Geologic & Seismic, Figure 47, of the City's General Plan? X d. Modification of any unique geologic or physical feature based on field. review? X e. Development within areas defined for high potential for water or wind erosion as identified in Section 12.0-Geologic & Seismic, Figure 53, of the City's General Plan? X l� City of San Bernardino Environmental Impact Checklist CUP 95-14/TPM 14830 Page 5 August 24,. 1995 f. Modification of a channel, creek Yes No Maybe or river based on review of USGS Topographic Map (Name) ? –X — g. Development within an area subject to landslides, mudslides, subsidence or other similar hazards as identified in Section 12.0-Geologic & Seismic, •� Figures 48, 51, 52 and 53 of the City's General Plan? –X — h. Development within an area subject to liquefaction as shown in Section 12.0-Geologic & Seismic, Figure 48, of the City's General Plan? X i. Other? X 2. Air Resources: Will the proposal result in: ; a. Substantial air emissions or an effect upon ambient air quality as defined by South Coast Air Quality Management District, based on meeting the threshold for significance in the District's, "CEQA Air Quality Handbook"? X b. The creation of objectionable odors based on information contained in Preliminary Description Form, No. G.(3)? X c. Development within a high wind hazard area as identified in Section 15.0-Wind & Fire, Figure 59, of the City's General Plan? X City of San Bernardino Environmental Impact Checklist CUP 95-14/TPM 14830 Page 6 August 24, 1995 3. Water Resources: Will the proposal Yes No Maybe result in: a. Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff due to impermeable surfaces that cannot be mitigated by _ Public Works Standard } Requirements to contain and convey runoff to approved storm drain based on review of the proposed site plan? X b. Significant alteration in the course or flow of flood waters based on consultation with Public Works staff? X c. Discharge into surface waters or any alteration of surface water quality based on requirements of Public Works to have runoff directed to approved storm drains? X d. Change in the quantity or quality of ground water? –X — e. Exposure of people or property to flood hazards as identified in the Federal Emergency Management Agency's Flood Insurance Rate Map, Community Panel Number 060281 00---B9 and Section 16.0-Flooding, Figure 62, of the City's General Plan? X f. Other? X City of San Bernardino Environmental Impact Checklist CUP 95-14PTPM 14830 Page 7 August 24, 1995 4. Biological Resources: Could the Yes No proposal result in: Maybe a. Development within the Biological Resources Management Overlay, as identified in Section 10.0- Natural Resources, Figure 41, ' of the City's General Plan? X 1. Change in the number of any j unique, rare or endangered species of plants or their habitat including stands of trees based on information contained in the Preliminary Environmental Description Form No. B.(1) and verified by on-site survey/evaluation? X 2. Change in the number of any unique, rare or endangered species of animals or their habitat based on information contained in the Preliminary Environmental Description Form No. E.(2) and verified by site survey/evaluation? X 3. Impacts to the wildlife disbursal or migration corridors? X b. Removal of viable, mature trees based on site survey/evaluation and review of the proposed site plan? (6" or greater trunk diameter at 4' above the ground) X C. Other? X City of San Bernardino Environmental Impact Checklist CUP 95-14rTPM 14830 Page 8 August 24, 1995 5. Noise: Could the proposal result in: Yes No Maybe a. Development of housing, health care facilities, schools, libraries, religious facilities or other noise sensitive uses in areas where existing or future noise levels exceed an _ Ldn of 65 dB(A) exterior and an r Ldn of 45 dB(A) interior as identified in Section 14.0-Noise, Figures 57 and 58 of the City's General Plan? X b. Development of new or expansion of existing industrial, , commercial or other uses which generate noise levels above an Ldn of 65 dB(A) exterior or an Ldn of 45 dB(A) interior that may affect areas containing housing, schools, health care facilities or other sensitive uses based on information in the Preliminary Environmental Description Form No. G.(1) and evaluation of surrounding land uses No. C., and verified by site survey/evaluation? X c. Other? X 6. Land Use: Will the proposal result in: a. A change in the land use as designated based on the review of the General Plan Land Use Plan/Zoning Districts Map? X b. Development within an Airport District as identified in the City of San Bernardino Environmental Impact Checklist CUP 95-141TPM 14830 Page 9 August 24, 1995 Air Installation Compatible Use Yes No Maybe Zone (AICUZ) Report and the Land Use Zoning District Map? —X— c. Development within Foothill Fire Zones A & B, or C as identified on the Development Code Overlay Districts Map? X d. Other? X T. Man-Made Hazards: Based on information contained in Preliminary Environmental Description Form, No. G.(1) and G.(2) will the project: a. Use, store, transport or dispose of hazardous or toxic materials (including but not limited to oil, pesticides, chemicals or radiation)? X b. Involve the release of hazardous substances? X C. Expose people to the potential health/safety hazards? X d. Other? X 8. Housing: Will the proposal: a. Remove existing housing as verified by a site survey/evaluation? X b. Create a significant demand for additional housing based on the proposed use and evaluation of project size? �{ c. Other? X City of San Bernardino Environmental Impact Checklist CUP 95-14R'PM 14830 Page 10 August 24, 1995 9. Transportation/Circulation: Could Yes No Maybe the proposal, in comparison with the Circulation Plan as identified in Section 6.0-Circulation of the City's General Plan and based on the conclusions of the City Traffic Engineer and review of the Traffic Study if one was prepared, result in: a. A significant increase in traffic, ` volumes on the roadways or intersections or an increase that is significantly greater than the land use designated on the General Plan? X b. Use of existing, or demand for new, parking facilities/ structures? X C. Impact upon existing public transportation systems? _X d. Alteration of present patterns of circulation? X e. Impact to rail or air traffic? X f. Increased safety hazards to vehicles, bicyclists or pedestrians? X g. A disjointed pattern of roadway improvements? X h. Other? X 10. Public Services: Based on the responses of the responsible agencies or departments, will the r City of San Bernardino Environmental Impact Checklist CUP 95-14/TPM 14830 Page 11 August 24, 1995 Proposal impact the following Yes No Maybe beyond the capacity to provide adequate levels of service? a. Fire protection? X b. Police protection? X C. Schools (i.e., attendance, boundaries, overload, etc.)? —X d. Parks or other recreational facilities? X e. Medical aid? X f. Solid Waste? X g. Other? X 11. Utilities: Will the proposal: a. Based on the responses of the responsible Agencies, Departments, or Utility Company, impact the following beyond the capability to provide adequate levels of service or require the construction of new facilities? L Natural gas? X 2. Electricity? X E — — 3. Water? X 4. Sewer? X 5. Other? X b. Result in a disjointed pattern r City of San Bernardino Environmental Impact Checklist CUP 95-14/TPM 14830 Page 12 August 24. 1995 of utility extensions based on Yes No Maybe review of existing patterns and proposed extensions. X 12. Aesthetics: a. Could the proposal result in the obstruction of any significant or important scenic view based on evaluation of the view shed verified by site survey/ evaluation? X b. Will the visual impact of the project create aesthetically offensive changes in the I existing visual setting based on a site survey and evaluation of the proposed elevations? X ' c. Other? X 13. Cultural Resources: Could the proposal result in: a. The alteration or destruction of a prehistoric or historic archaeological site by development within an archaeological sensitive area ' as identified in Section 3.0- Historical, Figure 8, of the City's General Plan? X b. Alteration or destruction of a historical site, structure or object as listed in the City's Historic Resources Reconnaissance Survey? X c. Other? X City of Sam Bernardino Environmental Impact Checklist CUP 95-14/TPM 14830 Pages 13 August 24, 1995 Mandatory Findings of Significance (Section 15065) The California Environmental Quality Act states that if any of the following can be answered yes or maybe, the project may have a significant effect on the environment and an Environmental Impact Report shall be prepared. Based on this Initial Study: a. Does the project have the Yes No Maybe potential to degrade the ,t quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? X b. Does the project have the to the disadvantage of long- term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will ' endure well into the future.) X c. Does the project have impacts which are individually limited, but cumulatively considerable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the City of San Bernardino Environmental Impact Checklist CUP 95-14PIPM 14830 Page 15 September 20, 1995 effect of the total of those Yes No Maybe impacts on the environment is significant.) X d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? '' X I B. DISCUSSION OF ENVIRONMENTAL EVALUATION AND MITIGATION MEASURES ('The following responses are numbered to correspond to checklist items in the previous section) 14. Mandatory Findings of Significance le. The proposal is located in an area identified as having a high potential for wind erosion as identifed in the General Plan, Section 12.0 Geologic and Seismic, Figure 53. During construction accepted dust control measures will be in place. All areas in the project not constructed upon or paved will be landscaped as required by the Development Code and will reduce the impact to a level of insignificance. lg. The proposal is located in an area identified as having a high potential for subsidence as identified in the General Plan, Section 12.0 Geologic and Seismic, Figures 48 & 51. All structures will be built to UBC and Development Code requirements and will reduce the impact to a level of insignificance. lh. The proposal is located in an area identified as having a high potential for liquefaction as identified in the General Plan, Section 12.0 Geologic and Seismic, Figure 48. All structures will be built to UBC and Development Code requirements and will reduce the impact to a level of insignificance. Ta. The impound/towing yard will store wrecked and impounded vehicles which can leak oil, antifreeze, gasoline and other fluids. The project is required to cover all surfaces where vehicles are stored with 4" of rolled inert slag material to the satisfaction of the City Engineer and as such, the impact will be reduced to a level of insignificance. ED AT LAH COHAN D [�r 1'' L J � 0 ( L �l D 15490 Ventura Boulevard 0 CT 3 01995 U Suite 200 OFFICE OF THE MAY01t 0 C T 3 0 1-CS5 her: Oaks, California 91403 TIME: Tel: (818) 501-5500 CITY of sAi`1 F3ERNARr:;N'0 Fax: (818) 501-7629 OEPAf1,7 ,IENT ^.c� i�.:..i & Fi 1JIL. :iv S_.,v,�cj October 27, 1995 The Honorable Mayor & Counsel Member City of San Bernardino 300 North "D" Street San Bernardino, Ca 92418 VIA CER'T'IFIED REGISTERED n m_. o { C3 r Re.: Appeal from Planning Commission Approval of the Conditional use Perr-dt No 95-14 and variance No. 95-08, Hearing Date 10-17-95 0 =' NJ m Dear Honorable Mayor & Counsel Member: a ' I am one of the owners of a parcel of land having assessor parcel no. 289-151-01 and 289- 151-02, approximately 20.85 acres,zoned RMH 15 directly opposite side of subject proposed development. While I attended the Planning Commission to oppose the project or alternatively request if that City Officials and Planning Commission desire to approve the project, than condition the subject development to enter from 5th Street, side of subject property in lieu of 6th Street. Unfortunately I was not able to speak in front of Honorable Planning Commissioner. We have own this parcel of land since 1980, ever since we have paid property taxes, and paid each year to keep the property clean hoping to see a future for our investment. Not only has this subject area not improved in the past due to a variety of reasons known to the City Officials now. After all these years, a proposed development comes to the opposite side of our property to which will create and add more problems to the present problems the area has due to a variety of reasons that the Honorable Mayor and Counsel Members are already aware of and we intend soon to submit a development plan to build on this subject site. Now, due to the variety of news, former Norton Air Force Base will have a new situation, where as numerous corporation, federal government and others are moving to the former base as a result lots of residential homes are being needed to serve those who are working at the former base. EXHIBIT 3 The Honorable Mayor & Counsel Member October 27, 1995 Page Two Based on the above facts and recommendation of our financial advisor and our market study consultant, we are hereby opposing such a project in this area and request to deny such a project. In alternative, approve the project by having entry to the subject proposal from 5th Street and condition the developer to have portions of 6th Street facing the subject side to be improved and the set back area be landscaped. Please find enclosed a check for $118.00 for appeal fee. I With All Do Respect, Nedj ollah Cohan cc: Edward V. Negrete Councilman wp51\ned95kity_sb.app