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HomeMy WebLinkAbout2016-044 RESOLUTION NO. 2016-44 1 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING A MITIGATED NEGATIVE DECLARATION AND 3 APPROVING SUBDIVISION 15-03 (TENTATIVE PARCEL MAP 19654), 4 DEVELOPMENT PERMIT TYPE-P 15-02 AND CONDITIONAL USE PERMIT 15-13 TO ALLOW THE DEVELOPMENT, ESTABLISHMENT AND OPERATION OF A 5 COMMERCIAL BUILDING CONTAINING APPROXIMATELY 3,000 SQUARE FEET WITH A DRIVE-THRU ON A PARCEL CONTAINING APPROXIMATELY 6 1.14 ACRES LOCATED ON THE NORTHEAST CORNER OF UNIVERSITY PARKWAY AND STATE STREET (APN: 0266-101-29) WITHIN THE PROPOSED 7 COMMERCIAL GENERAL (CG-1) ZONE. 8 WHEREAS, on July 1, 2015, pursuant to the requirements of Chapter 19.50 (General 9 10 Plan Amendments), Chapter 19.42 (Development Code Amendments), Chapter 19.74 (Zoning 11 Map Amendment), §19.44.020 (Development Permit Applications), §19.06.030(2)(H) (Drive- 12 Thru Restaurants) and §19.66.020 (Subdivision Map Applications) of the City of San 13 Bernardino Development Code, an application for General Plan Amendment 15-01, 14 Development Code Amendment (Zoning Map Amendment) 15-03, Subdivision 15-03 15 16 (Tentative Parcel Map 19654), Development Permit Type-P 15-02 and Conditional Use 17 Permit 15-13 was duly submitted by: 18 19 Property Owner: Ridgeline Apartments, LLC 240 Newport Center Drive, Suite 200 20 Newport Beach, CA 92660 21 Project Applicant: Bickel Group Architecture 22 3600 Birch Street Newport Beach, CA 92504 23 Parcel Address: Northeast Corner of University Parkway and State Street 24 APN: 0266-101-29 25 Lot Area: 10.94 acres 26 WHEREAS, General Plan Amendment 15-01 and Development Code Amendment 27 (Zoning Map Amendment) 15-03 is a request to allow the change of the General Plan land use 28 designation and Zoning district for Parcel 2 (1.14 acres) of Tentative Parcel Map 19654 from 1 1 Residential to Commercial and Residential Medium (RM) to Commercial General (CG-1), 2 respectively; and 3 WHEREAS, Subdivision 15-03 (Tentative Parcel Map 19654) is a request to 4 subdivide an existing parcel containing approximately 10.94 acres into two (2) separate 5 parcels, with Parcel 1 containing approximately 9.80 acres remaining to accommodate the 6 7 existing multi-family residential development, which shall remain within the Residential land 8 use designation and Residential Medium (RM) zone, and Parcel 2 containing approximately 9 1.14 acres to accommodate the proposed commercial development, which is being proposed 10 as Commercial land use designation and Commercial General (CG-1) zone; and 11 WHEREAS, Development Permit Type-P 15-02 and Conditional Use Permit 15-13 is 12 13 a request to allow the development, establishment and operation of a commercial building 14 containing approximately 3,000 square feet with a drive-thru and the required on-site and off- 15 site improvements on Parcel 2; and 16 WHEREAS, pursuant to requirements of §15063 of the California Environmental 17 Quality Act, the Planning Division of the Community Development Department accepted the 18 Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting 19 20 Program submitted by the applicant for General Plan Amendment 15-01, Development Code 21 Amendment (Zoning Map Amendment) 15-03, Subdivision 15-03 (Tentative Parcel Map 22 19654), Development Permit Type-P 15-02 and Conditional Use Permit 15-13; and 23 WHEREAS, on January 14, 2016, pursuant to the requirements of §19.36.040, 24 §19.42.020, §19.44.030, §19.66.150 and §19.74.020 of the City of San Bernardino 25 26 Development Code, the Development and Environmental Review Committee reviewed the 27 application and moved the Mitigated Negative Declaration, General Plan Amendment 15-01, 28 Development Code Amendment (Zoning Map Amendment) 15-03, Subdivision 15-03 2 �rrn i 111 I (Tentative Parcel Map 19654), Development Permit Type-P 15-02 and Conditional Use 2 Permit 15-13 to the Planning Commission for consideration; and 3 WHEREAS, on January 20, 2016, pursuant to the requirements of §19.52.040 of the 4 City of San Bernardino Development Code, the Planning Commission held the duly noticed 5 public hearing at which interested persons had an opportunity to testify in support of, or 6 7 opposition to the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and 8 Reporting Program, General Plan Amendment 15-01, Development Code Amendment 9 (Zoning Map Amendment) 15-03, Subdivision 15-03 (Tentative Parcel Map 19654), 10 Development Permit Type-P 15-02 and Conditional Use Permit 15-13, and at which meeting 11 the Planning Commission adopted Resolution No. 2016-006-PC recommending to the Mayor 12 and Common Council the adoption of the Mitigated Negative Declaration and the approval of 13 14 General Plan Amendment 15-01, Development Code Amendment (Zoning Map Amendment) 15 15-03, Subdivision 15-03 (Tentative Parcel Map 19654), Development Permit Type-P 15-02 16 and Conditional Use Permit 15-13; and 17 WHEREAS, pursuant to the requirements of Chapters 19.36, 19.42, 19.44, 19.66 and 18 19.74 of the City of San Bernardino Development Code, the Mayor and Common Council has 19 20 the authority to take action on the Mitigated Negative Declaration, General Plan Amendment 21 15-01, Development Code Amendment (Zoning Map Amendment) 15-03, Subdivision 15-03 22 (Tentative Parcel Map 19654), Development Permit Type-P 15-02 and Conditional Use 23 Permit 15-13. 24 WHEREAS, notice of the March 7, 2016 public hearing for the Mayor and Common 25 26 Council's consideration of the proposed Resolution was published in The Sun newspaper on 27 February 22, 2016, and was mailed to property owners within a 500 foot radius of the project 28 site in accordance with Development Code Chapter 19.52. 3 I NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON 2 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 3 SECTION 1. The Mayor and Common Council find that the above-stated Recitals 4 are true and hereby adopt and incorporate them herein. 5 6 SECTION 2. Findings of Fact—General Plan Amendment 15-01. 7 8 Finding No. 1: The proposed amendment is internally consistent with the General Plan. 9 Finding of Fact: The proposed amendment will result in removing the existing 10 Residential land use designation from the subject 1.14 acre portion of 11 the existing site, resulting in approximately 9.80 acres remaining with a 12 Residential R land use designation and approximately 1.14 acres with a 13 new Commercial land use designation. The new Commercial land use 14 15 designation will provide for the accommodation of the development, 16 establishment and operation of a commercial building containing 17 approximately 3,000 square feet with a drive-thru with the required on- 18 site and off-site improvements consistent with the City's Development 19 Code. 20 21 Policy 2.5.6, which requires that new development be designed to 22 complement and not devalue the physical characteristics of the 23 surrounding environment, including consideration of the site's natural 24 topography and vegetation, surrounding exemplary architectural style 25 with tower elements along with complimentary earth-toned colors. 26 27 Policy 5.7.6, encourages architectural detailing, which includes richly 28 articulated surfaces rather than plain or blank walls. 4 1 Additionally, the City of San Bernardino General Plan includes goals 2 and policies to guide future development within the City, including the 3 following: 1) enhance the aesthetic quality of land uses and structures i 4 in San Bernardino; 2) enhance the quality of life and economic vitality 5 in San Bernardino by strategic infill of new development and 6 l revitalization of existing development; and, 3) control development and 7 8 the use of land to minimize adverse impacts. 9 Finding No. 2: The proposed amendment would not be detrimental to the public 10 interest, health, safety, convenience, or welfare of the City. 11 Finding of Fact: The proposed amendment will not be detrimental to the public interest, 12 health, safety, convenience, or welfare of the City in that amendment 13 p 14 from Residential to Commercial for the proposed 1.14 area portion of 15 the subject 10.95 acre site will facilitate the development, establishment 16 and operation of a commercial building containing approximately 3,000 i 17 square feet with a drive-thru with the required on-site and off-site 18 improvements consistent with the City's Development Code. The 19 20 project site has direct access from both University Parkway and State 21 Street, will be fully served by utility providers, will be constructed in 22 accordance with all applicable codes and regulations, and will not result 23 in the need for the excessive provision of services. 24 25 Finding No. 3 The proposed amendment would maintain the appropriate balance of 26 t 27 land uses within the City. 28 i 5 1 Finding of Fact: The proposed amendment from Residential to Commercial for portion 2 of the subject 10.94-acre site will affect only 1.14 acres of land that is 3 currently under-utilized. The proposed amendment maintains an 4 appropriate balance of land uses by providing for the re-use of an 5 existing property. Thus, the proposed amendment will not change the 6 balance of land uses in the City. 7 8 Finding No. 4 The subject parcels are physically suitable (including but not limited to, 9 access, provision of utilities, compatibility with adjoining land uses, 10 and adjoining land uses, and absence of physical constraints) for the 11 requested land use designation and the anticipated land use 12 development 13 14 Finding of Fact: The overall 10-94-acre site is currently developed with a 160-unit 15 apartment complex, which occupies 9.80 acres, and the 1.14-acre 16 portion of the site, which is currently under-utilized community open 17 space for the existing apartment complex, will provide for the 18 accommodation of the development, establishment and operation of a 19 20 commercial building containing approximately 3,000 square feet with a 21 drive-thru with the required on-site and off-site improvements 22 consistent with the City's Development Code, and there are no physical 23 constraints on the site, such as steep slopes or watercourses. 24 SECTION 3. Findings of Fact — Development Code Amendment (Zoning Map 25 Amendment 1L-01. 26 27 Finding No. 1: The proposed amendment is consistent with the General Plan. 28 6 1 Finding of Fact: The proposed amendment will result in removing the existing 2 Residential Medium (RM) zoning district from the subject 1.14 acre 3 portion of the existing site, resulting in approximately 9.80 acres 4 remaining with a Residential Medium (RM) zoning district and 5 approximately 1.14 acres with a new Commercial General (CG) zoning 6 district. The new Commercial General (CG) zoning district will provide 7 8 for the accommodation of the development, establishment and 9 operation of a commercial building containing approximately 3,000 10 square feet with a drive-thru with the required on-site and off-site 11 improvements consistent with the City's Development Code. 12 Finding No. 2: The proposed amendment would not be detrimental to the public 13 14 interest, health, safety, convenience, or welfare of the City. 15 Finding of Fact: The proposed amendment will not be detrimental to the public interest, 16 health, safety, convenience, or welfare of the City in that amendment 17 from Residential Medium (RM) to Commercial General (CG) for the 18 proposed 1.14 area portion of the subject 10.94 acre site will facilitate 19 20 the development, establishment and operation of a commercial building 21 containing approximately 3,000 square feet with a drive-thru with the 22 required on-site and off-site improvements consistent with the City's 23 Development Code. The project site has direct access from both 24 University Parkway and State Street, will be fully served by utility 25 26 providers, will be construction in accordance with all applicable codes 27 and regulations, and will not result in the need for the excessive 28 provision of services. 7 I SECTION 4. Findings of Fact—Development Permit Type-P 15-02. 2 Finding No. 1: The proposed development is permitted within the subject zoning 3 district and complies with all applicable provisions of the Development 4 Code, including prescribed site development standards and applicable 5 design guidelines. 6 7 Finding of Fact: The proposed development, establishment and operation of a 8 commercial building containing approximately 3,000 square feet with a 9 drive-thru with the required on-site and off-site improvements 10 consistent with the City's Development Code is a permitted land use 11 within the proposed Commercial General (CG-1) zone, subject to the 12 approval of a General Plan Amendment, Development Code 13 14 Amendment/Zoning Map Amendment, Conditional Use Permit and 15 Development Permit Type-P with the appropriate Conditions of 16 Approval and CEQA determination. The proposal under Development 17 Permit Type-P 15-02 will be developed in compliance with all of the 18 applicable provisions of the City of San Bernardino Development 19 20 Code, including development standards and applicable design 21 guidelines. Therefore, the proposal would not impair the integrity and 22 character of the subject land use district. 23 Finding No. 2: The proposed use is consistent with the General Plan. 24 Finding of Fact: General Plan Housing Goal 3.1 states: "Facilitate the development of a 25 26 variety of types of housing to meet the needs of all income levels in the 27 City of San Bernardino." 28 8 I The proposed development, establishment and operation of a 2 commercial building containing approximately 3,000 square feet with a 3 drive-thru with the required on-site and off-site improvements 4 consistent with the City's Development Code is a permitted land use 5 within the proposed Commercial General (CG-1) zone, subject to the 6 7 approval of a General Plan Amendment, Development Code 8 Amendment/Zoning Map Amendment, Conditional Use Permit and 9 Development Permit Type-P with the appropriate Conditions of 10 Approval and CEQA determination, and the proposed Commercial 11 General (CG-1) is consistent with the proposed Commercial General 12 land use designation set forth by the General Plan Land Use Map. 13 14 Finding No. 3 The proposed development is harmonious and compatible with existing 15 and future developments within the land use district and general area, 16 as well as the land uses presently on the subject property. 17 Finding of Fact: The proposed development, establishment and operation of a 18 commercial building containing approximately 3,000 square feet with a 19 20 drive-thru with the required on-site and off-site improvements will be 21 harmonious and compatible with existing and future developments 22 within the Commercial and Residential zones and the surrounding area. 23 The scale and density of the proposed development is similar to that of 24 the existing commercial development in the area and it conforms to the 25 26 development standards of the Commercial General (CG-1) zone. Since 27 the proposal is consistent with both the General Plan and Development 28 9 1 Code, no land use conflict is expected to result from construction of the 2 proposed project. 3 Finding No. 4 The proposed development is in compliance with the requirements of 4 the California Environmental Quality Act (CEQA) and §19.20.030 of 5 the Development Code. 6 7 Finding of Fact: In accordance with §15063 of the California Environmental Quality Act 8 (CEQA), an Initial Study/Mitigated Negative Declaration and 9 Mitigation Monitoring and Reporting Program was prepared in 10 connection with General Plan Amendment 15-01, Development Code 11 Amendment (Zoning Map Amendment) 15-03, Subdivision 15-03 12 (Tentative Parcel Map 19654), Development Permit Type-P 15-02 and 13 14 Conditional Use Permit 15-13 for the development, establishment and 15 operation of a commercial building containing approximately 3,000 16 square feet with a drive-thru with the required on-site and off-site 17 improvements. In accordance with §15097 of CEQA, a Mitigation 18 Monitoring and Reporting Program has been prepared in order to 19 20 ensure that the mitigation measures are implemented to prevent 21 potential environmental impacts. 22 Finding No. 5: There will be no potentially significant negative impacts upon 23 environmental quality and natural resources that could not be properly 24 mitigated and monitored. 25 26 Finding of Fact: In accordance with §15063 of the California Environmental Quality Act 27 (CEQA), an Initial Study/Mitigated Negative Declaration and 28 Mitigation Monitoring and Reporting Program was prepared in 10 1 connection with General Plan Amendment 15-01, Development Code 2 Amendment (Zoning Map Amendment) 15-03, Subdivision 15-03 3 (Tentative Parcel Map 19654), Development Permit Type-P 15-02 and 4 Conditional Use Permit 15-13 for the development, establishment and 5 operation of a commercial building containing approximately 3,000 6 7 square feet with a drive-thru with the required on-site and off-site 8 improvements. In accordance with §15097 of CEQA, a Mitigation 9 Monitoring and Reporting Program has been prepared in order to 10 ensure that the mitigation measures are implemented to prevent 11 potential environmental impact. Therefore, the proposed commercial 12 building containing approximately 3,000 square feet with a drive-thru 13 14 with the required on-site and off-site improvements will be completed 15 in a manner so that it is consistent with the surrounding neighborhood, 16 and no significant negative impacts on the environment are anticipated. 17 Finding No. 6: The subject site is physically suitable for the type and density/intensity 18 of use being proposed. 19 20 Finding of Fact: The proposed commercial building containing approximately 3,000 21 square feet with a drive-thru with the required on-site and off-site 22 improvements are permitted within the proposed Commercial General 23 (CG-1) zone, subject to the approval of a General Plan Amendment, 24 Development Code Amendment/Zoning Map Amendment, Conditional 25 26 Use Permit and Development Permit Type-P with the appropriate 27 Conditions of Approval and CEQA determination. The subject site as a 28 commercial development is sufficient in size to accommodate the 11 I proposal under Development Permit Type-P 15-02 as required by the 2 City of San Bernardino Development Code. Therefore, the subject site 3 is physically suitable for the proposal. 4 Finding No. 7 There are adequate provisions for public access, water, sanitation, and 5 public utilities and services to ensure that the proposed use would not 6 7 be detrimental to public health and safety. 8 Finding of Fact: There are adequate provisions for public access, public utilities, and 9 public services for the proposed commercial building containing 10 approximately 3,000 square feet with a drive-thru with the required on- 11 site and off-site improvements. The existing site is located adjacent to 12 and already served by existing public streets and a full range of public 13 14 utilities and services. All applicable Codes will apply to the proposed 15 development. Therefore, subject to the Conditions of Approval, the 16 proposed development under Development Permit Type-P 15-02 will 17 not be detrimental to public services or public health and safety. 18 Finding No. 8 The location, size, design, and operating characteristics of the proposed 19 20 use are compatible with the existing and future land uses within the 21 general area in which the proposed use is to be located and will not 22 create significant noise, traffic or other conditions or situations that may 23 be objectionable or detrimental to other permitted uses in the vicinity or 24 adverse to the public interest, health, safety, convenience, or welfare of 25 26 the City. 27 Finding of Fact: The proposed development of the commercial building containing 28 approximately 3,000 square feet with a drive-thru with the required on- 12 1 site and off-site improvements conforms to all applicable development 2 standards and land use regulations of the proposed Commercial General 3 (CG-1) zone. Therefore, the design of the project, in conjunction with 4 the recommended Conditions of Approval, will ensure that the proposal 5 will not create significant noise, traffic, or other conditions or situations 6 7 that may be objectionable or detrimental to other permitted uses in the 8 vicinity of the site, nor will it be adverse to the public interest, health, 9 safety, convenience or welfare of the City. The location, size, design 10 and character of the proposed development will enhance the 11 neighborhood to the benefit of the public interest and general welfare of 12 the City. 13 14 SECTION 5. Findings of Fact—Conditional Use Permit 15-13. 15 Finding No. 1: The proposed use is conditionally permitted within, and would not 16 impair the integrity and character of the subject land use district and 17 complies with all of the applicable provisions of the Development 18 Code. 19 20 Finding of Fact: The proposed project is a conditionally permitted use, pursuant to 21 Development Code §19.06.030(3)(C). The project site will be located 22 within the Commercial General (CG-1) zone as proposed by General 23 Plan Amendment 15-01 and Development Code Amendment (Zoning 24 Map Amendment) 15-03, and is substantially surrounded by existing 25 26 commercial uses. The proposed development will comply with all 27 applicable Development Code standards, such as parking landscaping, 28 building setbacks and height, etc. Further, the development of the 13 I subject property will enhance the appearance of the current under- 2 utilized portion of the property. Therefore, the project would not 3 impair the integrity and character of the subject land use district or be 4 detrimental to surrounding properties. 5 Finding No. 2: The proposed use is consistent with the General Plan. 6 7 Finding of Fact: The proposal is consistent with several General Plan goals and policies. 8 The Land Use Element (Table LU-2) lists the intended uses for the CG- 9 1 zone, and permits a variety of retail, service, and related uses. Land 10 Use Policy 2.2.1 requires compatibility between land uses and quality 11 design. Economic Development Policy 4.1.1 seeks out businesses that 12 create jobs and generate sales tax revenue. The proposed project will 13 14 expand job opportunities within the City. Further, the proposed project 15 involves a commercial development with quality design elements that 16 will be compatible with other commercial developments within the 17 surrounding area. Therefore the proposed project would be compatible 18 with surrounding land uses and consistent with the General Plan. 19 20 Finding No. 3 Approval of the Conditional Use Permit for the proposed use is in 21 compliance with the requirements of the California Environmental 22 Quality Act (CEQA) and §19.20.03 0(6) of the Development Code. 23 Finding of Fact: In accordance with §15063 of the California Environmental Quality Act 24 (CEQA), an Initial Study/Mitigated Negative Declaration and 25 26 Mitigation Monitoring and Reporting Program was prepared in 27 connection with General Plan Amendment 15-01, Development Code 28 Amendment (Zoning Map Amendment) 15-03, Subdivision 15-03 14 I (Tentative Parcel Map 19654), Development Permit Type-P 15-02 and 2 Conditional Use Permit 15-13 for the development, establishment and 3 operation of a commercial building containing approximately 3,000 4 square feet with a drive-thru with the required on-site and off-site 5 improvements. In accordance with §15097 of CEQA, a Mitigation 6 7 Monitoring and Reporting Program has been prepared in order to 8 ensure that the mitigation measures are implemented to prevent 9 potential environmental impacts. Approval of the proposed project 10 would not result in any impacts on the environment. 11 Finding No. 4 There will be no potentially significant negative impacts upon 12 environmental quality and natural resources that could not be properly 13 14 mitigated and monitored. 15 Finding of Fact: The project site is an in-fill lot and the surrounding area is urbanized. 16 Therefore, no significant negative impacts on the environment are 17 anticipated to result from the proposed wireless facility. 18 Finding No. 5: The location, size, design, and operating characteristics of the proposed 19 20 use are compatible with the existing and future land uses within the 21 general area in which the proposed use is to be located and will not 22 create significant noise, traffic or other conditions or situations that may 23 be objectionable or detrimental to other permitted uses in the vicinity or 24 adverse to the public interest, health, safety, convenience, or welfare of 25 26 the City. 27 Finding of Fact: The proposed design is in compliance with the Development Code 28 requirements that are applicable to location, height and setbacks for 15 I commercial development with drive-thru. All access to the subject 2 property will be through points of access from University Parkway and 3 State Street. Therefore, the design of the project will ensure that the 4 project will not create any significant noise, traffic, or other conditions 5 that would be detrimental or objectionable to other uses in the vicinity 6 7 or adverse to the public health, safety, convenience, or welfare of the 8 City. 9 Finding No. 6: The subject site is physically suitable for the type and density/intensity 10 of use being proposed. 11 Finding of Fact: The site is physically suitable for the development, establishment and 12 operation of a commercial building containing approximately 3,000 13 14 square feet with a drive-thru with the required on-site and off-site 15 improvements as evidenced by project compliance with all applicable 16 Development Code standards. 17 Finding No. 7 There are adequate provisions for public access, water, sanitation, and 18 public utilities and services to ensure that the proposed use would not 19 20 be detrimental to public health and safety. 21 22 Finding of Fact: The site has direct access off of University Parkway and State Street. 23 All agencies responsible for reviewing access and providing water, 24 sanitation and other public services to the site have had the opportunity 25 26 to review the proposal, and none indicated inability to serve the project 27 site. Establishment of the proposed project, subject to Conditions of 28 16 1 Approval, will not be detrimental to public services or public health and 2 safety. 3 SECTION 6. Findings of Fact—Subdivision 15-03 (Tentative Parcel Map 19654). 4 Finding No. 1: The proposed map is consistent with the General Plan. 5 Finding of Fact: The proposed Tentative Parcel Map to accommodate the development 6 7 of the commercial building containing approximately 3,000 square feet 8 with a drive-thru with the required on-site and off-site improvements 9 will provide additional economic development opportunities with the 10 City, the proposed project is permitted within the proposed Commercial 11 General (CG-1) zone, subject to the approval of a General Plan 12 Amendment, Development Code Amendment/Zoning Map 13 14 Amendment, Development Permit Type-P and Conditional Use Permit 15 with the appropriate Conditions of Approval and CEQA determination, 16 and the proposed Commercial General Zone is consistent with the 17 proposed Commercial General land use designation set forth by the 18 General Plan Land Use Map. 19 20 Finding No. 2: The design and improvements of the proposed subdivision is consistent 21 with the General Plan. 22 Finding of Fact: General Plan Land Use Goal 2.2 states: Promote development that 23 integrates with surrounding land uses." The proposed Tentative Parcel 24 Map will be consistent with the pattern of development within the 25 26 existing surrounding neighborhood. General Plan Land Use policy 27 2.7.5 states: "Require that developments conform to the availability of 28 public infrastructure to accommodate its demands and mitigate its 17 1 impacts." The proposed Tentative Parcel Map will connect to existing 2 water and sewer services, roads, storm drains, and private utilities. 3 Finding No. 3 The site is physically suitable for the type of development. 4 Finding of Fact: The proposed project is permitted within the proposed Commercial 5 General (CG-1) zone, subject to the approval of a General Plan 6 7 Amendment, Development Code Amendment/Zoning Map 8 Amendment, Development Permit Type-P and Conditional Use Permit 9 with the appropriate Conditions of Approval and CEQA determination 10 is permitted within the proposed Commercial General (CG-1) zone. The 11 subject site as a commercial development is sufficient in size to 12 accommodate the proposal under General Plan Amendment 15-01, 13 14 Development Code Amendment (Zoning Map Amendment) 15-03, 15 Subdivision 15-03 (Tentative Parcel Map 19654), Development Permit 16 Type-P 15-02 and Conditional Use Permit 15-13 as required by the City 17 of San Bernardino Development Code. Therefore, the subject site is 18 physically suitable for the proposal. 19 20 Finding No. 4 The site is physically suitable for the proposed density of development. 21 Finding of Fact: The development of the commercial building containing approximately 22 3,000 square feet with a drive-thru with the required on-site and off-site 23 improvements is permitted within the proposed Commercial General 24 (CG-1) zone, subject to the approval of a General Plan Amendment, 25 26 Development Code Amendment/Zoning Map Amendment, 27 Development Permit Type-P and Conditional Use Permit with the 28 appropriate Conditions of Approval and CEQA determination. The 18 I subject site as a commercial development is sufficient in size to 2 accommodate the proposal under Conditional Use Permit 15-13 and 3 Development Permit Type-P 15-02 as required by the City of San 4 Bernardino Development Code. Therefore, the subject site is physically 5 suitable for the proposal. 6 7 Finding No. 5: The design of the subdivision and the proposed improvements will not 8 cause substantial environmental damage or substantially or avoidably 9 injure fish or wildlife or their habitat. 10 Finding of Fact: The design of the subdivision will not have any significant negative 11 impacts to wildlife or their habitat. The project site is an existing 12 developed site and surrounded by urban development. No significant 13 14 negative impacts on the environment are anticipated to result from re- 15 use of the existing site already developed with commercial uses. 16 Finding No. 6: The design of the subdivision or type of improvements will not cause 17 serious public health problems. 18 Finding of Fact: The design of the proposed subdivision meets all of the applicable 19 20 Development Code requirements and will not result in any serious 21 public health problems. The proposed parcel will have access to 22 existing public streets. Existing utilities and public services are 23 available to serve the project site and ensure the maintenance of public 24 health and safety. 25 26 Finding No. 7 The design of the subdivision or the type of improvements will not 27 conflict with easements, acquired by the public at large, for access 28 through or use of, property within the proposed subdivision. 19 I Finding of Fact: The design of the subdivision will not conflict with any public or 2 private easements. All documentation relating to easements and 3 dedications will be reviewed and approved by the City Engineer prior 4 to recordation of the Final Map. Existing easements will be reserved in 5 place or relocated, as necessary. 6 7 SECTION 7. Compliance with the California Environmental Quality Act. 8 The Mayor and Common Council has independently reviewed, analyzed and exercised 9 judgment in finding that General Plan Amendment 15-01, Development Code Amendment 10 (Zoning Map Amendment) 15-03, Subdivision 15-03 (Tentative Parcel Map 19654), 11 Development Permit Type-P 15-02 and Conditional Use Permit 15-13 will have no significant 12 adverse effect on the environment with incorporation of the Conditions of Approval and 13 14 mitigation measures; and determining that the Mitigated Negative Declaration, as accepted by 15 the Planning Commission as to the effects of this proposed project, is hereby adopted. 16 2. Mitigation measures identified in the Mitigated Negative Declaration have been 17 compiled in a Mitigation Monitoring and Reporting Program for General Plan Amendment 18 15-01, Development Code Amendment (Zoning Map Amendment) 15-03, Subdivision 15-03 19 20 (Tentative Parcel Map 19654), Development Permit Type-P 15-02 and Conditional Use 21 Permit 15-13. The Mayor and Common Council hereby approve the Mitigation Monitoring 22 and Reporting Program attached as Exhibit"A," and incorporated herein by reference. 23 SECTION 8. — General Plan Amendment 15-01, as approved by Ordinance, is 24 incorporated herein by reference. 25 26 SECTION 9. —Development Code Amendment (Zoning Map Amendment) 15-03, as 27 approved by Ordinance, is incorporated herein by reference. 28 20 I SECTION 10. — Subdivision 15-03 (Tentative Parcel Map 19654), Development 2 Permit Type-P 15-02 and Conditional Use Permit 15-13, subject to the Conditions of 3 Approval attached hereto as Exhibit `B" and incorporated herein by reference, is hereby 4 approved. 5 SECTION 11. - Notice of Determination: The Planning Division of the Community 6 7 Development Department is hereby directed to file a Notice of Determination with the County 8 Clerk of the County of San Bernardino certifying the City's compliance with California 9 Environmental Quality Act in adopting the Mitigated Negative Declaration. 10 SECTION 12. Severability: If any section, subsection, subdivision, sentence, or 11 clause or phrase in this Resolution or any part thereof is for any reason held to be 12 unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision 13 14 shall not affect the validity or effectiveness of the remaining portions of this Resolution or any 15 part thereof. The Mayor and Common Council hereby declares that it would have adopted 16 each section irrespective of the fact that any one or more subsections, subdivisions, sentences, 17 clauses, or phrases be declared unconstitutional, invalid, or ineffective. 18 19 20 21 22 23 24 25 HI 26 27 28 21 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 1 BERNARDINO, CALIFORNIA ADOPTING A MITIGATED NEGATIVE DECLARATION 2 AND APPROVING SUBDIVISION 15-03 (TENTATIVE PARCEL MAP 19654), DEVELOPMENT PERMIT TYPE-P 15-02 AND CONDITIONAL USE PERMIT 15-13 TO 3 ALLOW THE DEVELOPMENT, ESTABLISHMENT AND OPERATION OF A COMMERCIAL BUILDING CONTAINING APPROXIMATELY 3,000 SQUARE FEET 4 WITH A DRIVE-THRU ON A PARCEL CONTAINING APPROXIMATELY 1.14 ACRES LOCATED ON THE NORTHEAST CORNER OF UNIVERSITY PARKWAY AND STATE 5 STREET (APN: 0266-101-29) WITHIN THE PROPOSED COMMERCIAL GENERAL (CG-1) ZONE. 6 7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 8 and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 9 7th day of March, 2016, by the following vote to wit: 10 Council Members: AYES NAYS ABSTAIN ABSENT 11 12 MARQUEZ x x 13 BARRIOS 14 VALDIVIA x 15 x SHORETT 16 x NICKEL 17 18 RICHARD x x 19 MULVIHILL — 20 21 Georgea4r Hanna, City Clerk 22 y� The foregoing Resolution is hereby approved this day of f' , 2016. 23 24 R. CAREY DA S, ayor 25 Approved as to form: City of San Be ardino 26 Gary D. Saenz, City Attorney 27 28 By: 22 EXHIBIT "A" APPROVED PLANS 8 LL. � � W 'ter- _ 1.1 y fr•� um J a �4 .3} �' II.r h i n C C�� ..•4 � � 4.L � Z U =i S aas:� ,a w 4J 3 ars CIO � > Z U W x r u� �_� �- r w,n try v. °Tr as w 6 Env S Gp,d Z, 2 h .. t- C, ,�.X;m F-2� a K LU l C CL z ztj > z r-- vp ® .l.. _- im .- S it-at ° _ .�"' 3�✓.YI�iJ i�.'Fri. �t oS d j 0 .4 — -- —11'7� ....__._ 1 f LU J oc 1 � d 1 f ; ¢ l aU i f QZ W LL. C Qrr 0 x am f'r f cc .1 •i y _ w 771 Y 1 W ] 1 Y{ _ 1 3 (y� wz4 �r .11- MO V �5Qn2A4 h $Y �f 1 sC zw � 8 w p CL Z i g H • t 4J �v W m -.j w CE t �.t us 0 07 Cus:$}f w > N LLL���aaaLLL �$5 w .. 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Qa d a wFce cn F m G a _,. ' o .:: t^y. Alu %'{ rC tr � W 'T< •�`• Q7 � i��V.. � � �, r p^J, u Yr � �a O � U � a � r E Z �'rrn m � r U � Z rt Q CL Z H y F O y m c cn � � �� � ^� .`r. � yr r °� ,'.. � „��„ t 0 '�` tc to jr nu 0 41 IA c � r; t7 F :,Q *+ o Im CL z . t� p ) c W''� o c�nm Q _ o JAC c Q a 0 c •� .4 .:r C airs C nC t U ZJ V6 E vJ G :+ AJ to _ ;n ^.i. ^;� tJ ✓ :J «. a.. U f D c CZ;"O �o a � Z z � p M c z: � i � Q U) m a;w Z n r o CL cm v �_ r �3 O ^ C C n v u S •G .� k is � U Gam. 4 � r, � v � u •.UF .tz tZ C"`y �= 9 O •� 3j �"'.r _.". .rg C..^ tom. G G t • cr Q G 0Q IXCM IL of z CL 2 'm as �. �- •-�. Z .E ffi O t3 0 EE y CL 94z m 24""" c � s s 6 C v E a .P» `+� a '� ✓ U ,°Jn L r L r �,- EXHIBIT CONDITIONS OF APPROVAL SUBDIVISION 15-03(TENTATIVE PARCEL MAP 19654)9DEVELOPMENT PERMIT TYPE-P 15-02 AND CONDITIONAL USE PERMIT 15-13 1. This approval is to allow the subdivision of an existing parcel containing approximately 10.94 acres into two (2) separate parcels. Proposed Parcel 1 containing approximately 9.80 acres will accommodate the existing multi-family residential development, which shall remain within the Residential Medium (RM) zone. Proposed Parcel 2 containing approximately 1.14 acres will accommodate the proposed commercial development, which is being proposed as Commercial General (CG-1) zone; 2) the change of the General Plan land use designation and Zoning classification for proposed Parcel 2 from Residential Medium (RM) to Commercial General (CG-1); and, 3) the development, establishment and operation of a commercial building containing approximately 3,000 square feet with a drive-thru on proposed Parcel 2. The project site is located on the northeast corner of University Parkway and State Street.The project site is located on the northeast corner of University Parkway and State Street, within the existing Residential Medium(RM)zone. 2. The project site shall be developed and maintained in accordance with the plans stamped March 7, 2016 (EXHIBIT"A"), approved by the City, which includes a site plan, on file in the Planning Division; the Conditions of Approval contained herein; and, the City's Municipal Code regulations. 3. The project shall be subject to all of the mitigation measures contained in the Mitigation Monitoring and Reporting Program, dated March 7, 2016, and incorporated herein by reference as Conditions of Approval. 4. Within two (2) years of the Development Permit approval, commencement of construction shall have occurred or the permit/approval shall become null and void. In addition, if after commencement of construction,work is discontinued for a period of one year, then the permittapproval shall become null and void. However, approval of the Development Permit does not authorize commencement of construction. All necessary permits must be obtained prior to commencement of specified construction activities included in the Conditions of Approval. EXPIRATION DATE: March 7,2018 5. The review authority may grant a time extension, for good cause, not to exceed twelve (12) months. The applicant must file an application, the processing fees, and all required submittal items, thirty (30) days prior to the expiration date. The review authority shall ensure that the project complies with all Development Code provisions in effect at the time of the requested extension. 1 6. In the event this approval is legally challenged, the City will promptly notify the applicant of any claim,action or proceeding and will cooperate fully in the defense of this matter. Once notified, the applicant agrees to defend, indemnify and hold harmless the City of San Bernardino (City), any departments, agencies, divisions, boards or commission of the City as well as predecessors, successors, assigns, agents, directors, elected officials, officers, employees, representatives and attorneys of the City from any claim,action or proceeding against any of the foregoing persons or entities. The applicant further agrees to reimburse the City for any costs and attorneys' fees which the City may be required by a court to pay as a result of such action, but such participation shall not relieve applicant of his or her obligation under this condition. The costs, salaries, and expenses of the City Attorney and employees of his office shall be considered as "Attorney's fees" for the purpose of this condition. As part of the consideration for issuing this Development Permit,this condition shall remain in effect if the Development Permit is rescinded or revoked,whether or not at the request of applicant. Planning Division 7. The applicant shall post a bond in an amount equivalent to the cost of landscaping, including landscape installation and one year of maintenance service. The purpose of the bond is to ensure that all landscaping survives the planting process and lasts for a period of at least one year. The bond will be released no sooner than one year after issuance of the Final Certificate of Occupancy and only after such time as the survival of the landscaping has been verified by City staff. 8. If the colors of the buildings or other exterior finish materials are to be modified beyond the current proposal and improvement requirements, the revised color scheme and/or finish materials shall be reviewed and approved by the Planning Division prior to commencement of work. 9. The intersections of State Street, College Avenue and Kendall Drive and University Parkway shall have regulatory signs posted stating "DO NOT BLOCK INTERSECTIONS"with the code violation statement with minimum fine. Land Development Division 10. Drainage and Flood Control a. The development is located within Zone X on the Federal Insurance Rate Maps number 06071 C7940H dated 08128/08. Area determined to be outside the 0.2% annual chance floodplain. b. 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. c. If storm water drainage from the site is to be outlet into the public street, the drainage shall be conveyed through a parkway culvert constructed in accordance with City Standard No. 400. Conveyance of site drainage over the Driveway approaches will not be permitted. 2 ®5Q Al � g ti Q Q' © D` > 0 to a. z , Z m (� Cf p Q ` a. Q oc q 0u Z Oa O z v o CL > CD tn Zd _ L N d G r Y IS V B cc"'4;' r .Lt r s� r is v C '�' •� S7 C+ fi r E R q u �a er �l3dl, Q d. The applicant is required to submit both a final Full-Categorical Water Quality Management Plan (WQMP) and Storm Water Pollution Prevention Plan (SWPPP). The applicant is directed to the County of San Bernardino Flood Control web site for the template for the WQMP. The Land Development Division, prior to issuance of any permit, shall approve the WQMP and the SWPPP. A "Notice of Intent (NOI)" shall be filed with the State Water Quality Control Board for construction disturbing 1 acre or more of land. e. The Land Development Division,prior to grading plan approval, shall approve an Erosion Control Plan. The plan shall be designed to control erosion due to water and wind, including blowing dust, during all phases of construction, including graded areas which are not proposed to be immediately built upon. 11. Grading and Landscaoina a. The On-site improvement and Grading Plan shall be signed by a Registered Civil Engineer, and the WDID number shall be located on the plans. The grading plan shall be prepared in strict accordance with the City's "Grading Policies and Procedures" and the City's "Standard Drawings" and shall conform to all requirements of Section 15.04167 of the Municipal Code. 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 Community Development - Planning Division prior to issuance of any grading or site development permits. c. If more than 50 cubic yards of earth is to be hauled on City Streets then a special hauling permit shall be obtained from the City Engineer. Additional conditions, such as truck route approval, traffic controls, bonding, covering of loads, street cleaning,etc.may be required by the City Engineer. d. The refuse enclosure(s) must be constructed in accordance with City Standard Drawing No. 508. The minimum size of the refuse enclosure shall be 8 feet x 15 feet, unless the Public Services Department, Refuse Division, approves a smaller size, in writing. Where a refuse enclosure is proposed to be constructed adjacent to spaces for parking passenger vehicles, a 3' wide by 6 " high concrete planter shall be provided to separate the enclosure from the adjacent parking. The placement of the enclosure and design of the planter shall preclude the enclosure doors from opening into drive aisles or impacting against adjacent parked cars. e. This project is located in the high wind zone. All walls and fences shall be designed to withstand 100 mph winds. All construction details shall be included on the appropriate plan and all fences shall be of non-combustible material. Structural calculations shall be provided for City review. f. The Drive-through lane and the parking area adjacent to the building shall be constructed of PCC pavement and path of travel shall not cross the drive thru lanes. g. The on-site improvement plan shall include details of on-site lighting, including light location; light location,type of poles and fixtures, foundation design and the following shall apply: 3 • Photometric plot shall be provided which show that the proposed on-site lighting design will provide: • l foot-candle of illumination uniformly distributed over the surface of the parking lot during hours of operation,and h. The design of on-site improvements shall also comply with all requirements of The California Building Code, Title 24, relating to accessible parking and accessibility, including retrofitting of existing building access points for accessibility. i. An accessible path of travel shall be provided from the public way to the building entrance. All pathways shall be concrete paved and shall provide a minimum clear width of 4 feet. Where parking overhangs the pathway, the minimum paved width shall be 6.5 feet. Where an accessible path of travel crosses drive aisles, it shall be delineated by textured/colored concrete pavement prior to Occupancy. j. A reciprocal easement shall be recorded prior to grading plan approval if reciprocal drainage,access,sewer,and/or parking are proposed to cross lot lines. k. The project Landscape Plan shall be reviewed and approved by the Building Official prior to issuance of a grading permit. Submit 5 copies to the Land Development Division for Checking. 1. Prior to occupancy of any building, the developer shall post a bond to guarantee the maintenance and survival of project landscaping for a period of one year. 12.Landscape Maintenance District a. The property is located within Landscape Maintenance District (LLMD) 952 Zone l for this project. All landscape modifications shall be submitted to Real Properties for plan review and approval. b. The cost of installation of landscaping and irrigation system in the Landscape Maintenance District shall be bonded as part of the faithful performance, labor& materials, and warranty bond required for approval by the City Council and recording of the parcel map. c. Separate sets of Landscape Plans shall be provided for the Landscape Maintenance District for approval. d. The landscaping and irrigation system shall be installed in the Landscape Maintenance District and accepted by the City Engineer prior to application for occupancy of any structure. 13.Utilities a. This project is located in the sewer service area maintained by the City of San Bernardino therefore, any necessary sewer main extension shall be designed and constructed in accordance with the City's "Sewer Policy and Procedures" and City Standard Drawings. A 27" sewer trunk line easement bisects the property therefore no structure(s) or portion there of shall be built upon the sewer easement. 4 b. Utility services shall be placed underground and easements provided as required. All existing Easements and required setbacks shall be shown on all plans. c. A street cut permit, from the City Engineer, will be required for utility cuts into existing streets. 14.Magpina a. A Parcel Map based upon field survey will be required. b. This Map is located in an Assessment District number. If the assessment has not been paid off, the subdivider shall submit an apportionment application to the Real Property section of the Public Works Division and pay the fee established by ordinance. Application forms can be obtained from the Real Property Section at (909)384-5026. 15. Improvement Completion a. If the construction/installation of required improvements, including landscaping and irrigation within the Landscape Maintenance District, are not completed prior to Map recordation, an improvement security accompanied by an agreement executed by the developer and the City will be required. 16. Street Improvement and Dedications a. 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: Street Name Rip-ht of Wav(ft.) Curb LingM University Parkway Existing Existing State Street Existing Existing b. If the existing sidewalk and/or curb & gutter adjacent to the site are in poor condition, the sidewalk and/or curb & gutter shall be removed and reconstructed to City Standards. Curb & Gutter shall conform to Standard No. 200, Type `B" and sidewalk shall conform to Standard No. 202, Case "A" (6' wide adjacent to curb),unless otherwise approved by the City Engineer. c. At all curb returns within and adjacent to the project site, construct accessible curb ramps in accordance with Caltrans Standards to comply with current ADA accessibility requirements. d. Construct Driveway Approaches per City Standard No. 204, Type II, including an accessible by-pass around the top of the drive approach. Remove existing driveway approaches that are not part of the approved plan and replace with full height curb&gutter and sidewalk. 5 e. The pavement on existing streets adjoining the site shall be rehabilitated if trenching occurs and striped to reflect the deceleration lane using a strategy approved by the City Engineer. 17. Required Engineering Plans a. A complete submittal for plan checking shall consist of- 0 sewer plans (Private sewers may be shown on on-site improvement plan; public sewers must be on a separate plan with profile), ■ lighting(on-site lighting may be included in on-site improvement plan or may be on a separate stand-alone plan), ■ grading(may be incorporated with on-site improvement plan), ■ on-site improvement and landscaping and irrigation, ■ landscaping and irrigation in the Landscape Maintenance District,and • other plans as required. Piecemeal submittal of various types of plans for the same project will not be allowed. ■ All required supporting calculations, studies and reports must be included in the initial submittal (including but not limited to drainage studies, soils reports,structural calculations) 18. Reauired Engineering Permits a. Grading permit. b. On-site improvements construction permit (except buildings - see Development Services-Building Division),including landscaping. c. Off-site improvement construction permit. 19. Applicable Engineering Fees a. All plan check, permit, inspection, and impact fees are outlined on the Public Works Fee Schedule. A deposit in the amount of 100% of the estimated checking fee for each set of plans will be required at time of application for plan check. The amount of the fee is subject to adjustment if the construction cost estimate varies more than 10% from the estimate submitted with the application for plan checking. 20. Traffic Requirements a. Update the Traffic Impact Study to reflect the current conditions. Standard Requirements 21.The project landscape plans shall be prepared in accordance with Development Code Section 19.28.120, Water Efficient Landscaping Standards. 6 22. Minor modification to the plans shall be subject to approval by the Director through the Minor Modification Permit process. Any modification which exceeds 10% of the allowable measurable design/site considerations shall require the refilling of the original application. 23. The project shall comply with all applicable requirements of the Building and Safety Division, Fire Department, Police Department, Municipal Water Department, Public Services Department and the City Clerk's Office/Business Registration Division. 24.This approval shall comply with the requirements of other outside agencies (i.e., San Bernardino County Health Department, Division of Environmental Health Services, and California Board of Equalization),as applicable. 25.The facility operator and property owner shall be responsible for regular maintenance of the project site. The site shall be maintained in a clean condition and free of litter and any other undesirable material(s). Vandalism,graffiti, trash and other debris shall be removed and cleaned up within 24 hours of being reported. 26. Signs are not approved as part of this permit. Prior to establishing any new signs or replacing existing signs, the applicant shall submit an application and receive approval for a Sign Permit from the Planning Division. Signs painted on the building are prohibited. Banners, flags, pennant, and similar signs are prohibited unless a Temporary Sign Permit is obtained. 27.All exterior lighting shall be energy efficient with the option to lower or reduce usage when the facility is closed. 28. Submittal requirements for permit applications (site improvements, landscaping, etc.) to Building Plan Check and/or Land Development must include all Conditions of Approval issued with this approval,printed on the plan sheets. 29.All Conditions of Approval and Standard Requirements shall be implemented and/or completed prior to final inspection and/or issuance of a Certificate of Occupancy. 30.Within six (6) months from the issuance of the Certificate of Occupancy for each phase, for a period of two (2) years, the Planning Division shall conduct an inspection of the business operations and property to ensure compliance with the Conditions of Approval to the satisfaction of the Community Development Director. In the event that an unresolved issue continues to exist, the applicant shall submit an application, and appropriate application fee,for reconsideration by the Planning Commission 31.This permit or approval is also subject to the conditions or standard requirements of the following City Departments or Divisions: a. Fire Department b. Water Department 7