Loading...
HomeMy WebLinkAbout06.C- Zoning Map Amendment for the purpose of Establishment of Commercial Building s.c ORDINANCE (ID # 4316) DOC ID: 4316 C CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Public Hearing From: Mark Persico M/CC Meeting Date: 03/07/2016 Prepared by: Brenda Leggitt, (909) 384- 5057 Dept: Community Development Ward(s): 5 Subject: Ordinance of the Mayor and Common Council of the City of San Bernardino Approving General Plan Amendment 15-01 to Change the Land Use Designation of 10.94 Acres from Residential to Residential and Commercial and Development Code Amendment (Zoning Map Amendment) 15-03 to Change the Zoning District from Residential Medium (RM) to Residential Medium (RM) and Commercial General (CG-1) in Order to Allow the Development, Establishment of Operation of a Commercial Building Containing Approximately 3,000 Square Feet with a Drive-Thru. the Project Site is Located on the Northeast Corner of University Parkway and State Street. (FIRST READING); And, Resolution of the Mayor and Common Council of the City of San Bernardino Adopting a Mitigated Negative Declaration and Approving Subdivision 15-03 (Tentative Parcel Map 19654), Development Permit Type-P 15-02 and Conditional Use Permit 15-13 to Allow the Development, Establishment and Operation of a Commercial Building Containing Approximately 3,000 Square Feet with a Drive-Thru on a Parcel Containing Approximately 1 .14 Acres Located on the Northeast Corner of University Parkway and State Street (APN: 0266-101-29) Within the Proposed Commercial General (CG-1) Zone. (#4316) Current Business Registration Certificate: Financial Impact: Mayor to open the hearing. . . Motion: Close the hearing; lay over Ordinance for final adoption; and adopt the Resolution adopting the Mitigated Negative Declaration; and, approving Subdivision 15-03 (Tentative Parcel Map 19654), Development Permit Type-P 15-02 and Conditional Use Permit 15-13, based upon the recommended Findings of Fact and Conditions of Approval. Synopsis of Previous Council Action: None Backqround: On January 20, 2016, the Planning Commission adopted Resolution No. 2016-006-PC (please see Attachment 3) forwarding a recommendation that the Mayor and Common Council: 1) Adopt the Mitigated Negative Declaration; and Updated: 3/3/2016 by Linda Sutherland C Packet Pg. 309 s.c 4316 2) Approve General Plan Amendment 15-01, Development Code Amendment (Zoning Map Amendment) 15-03, Subdivision 15-03 (Tentative Parcel Map 19654), Development Permit Type-P 15-02 and Conditional Use Permit 15-13, based upon the recommended Findings of Fact and Conditions of Approval. Project Description: Pursuant to the requirements of Chapter 19.50 (General Plan Amendments), Chapter 19.42 (Development Code Amendments), §19.44.020 (Development Permit Applications), §19.06.030(2)(H) (Drive-Thru Restaurants) §19.66.020 (Subdivision Map Applications) and Chapter 19.74 (Zoning Map Amendments) of the City of San Bernardino Development Code, the applicant is requesting the approval of General Plan Amendment 15-01, Development Code Amendment (Zoning Map Amendment) 15-03, Subdivision 15-03 (Tentative Parcel Map 19654), Development Permit Type-P 15-02 and Conditional Use Permit 15-13 to allow: 1) 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 district of proposed Parcel 2 from Residential Medium (RM) to Commercial General (CG- 1). 3) The development, establishment and operation of a commercial building containing approximately 3,000 square feet with a drive-thru on proposed Parcel 2 (please see Attachment 4). Analysis: Project Development - The proposed commercial development has been designed to comply with development standards of the City of San Bernardino Development Code. Site Design/Access/Traffic - The proposed commercial development will be accessed by a new driveway approach on both University Parkway and State Street. The internal site circulation has been designed to adequately accommodate on-site vehicular circulation and access to the parking areas. Designated "paths of travel" have also been provided to ensure pedestrian safety. The City's Traffic Engineering Division has reviewed and accepted the Focused Traffic Analysis prepared for the proposed commercial development, and the appropriate traffic related mitigation measures/ Conditions of Approval have been included. Architecture - The "contemporary" architectural design is highlighted by the prominent tower elements at the entrances of the proposed building which utilizes a decorative wood siding. Wall articulation will be accomplished with the tower elements that provide Updated: 3/3/2016 by Linda Sutherland C I Packet Pg. 310 AN 6.0 4316 a shadow effect, and the varying heights provide an articulation for the building mass. Landscaping - A landscaped planter will be installed on the frontages along University Parkway and State Street. Landscaped planters will also be installed along the northern property line adjacent to the existing apartment complex, and within the parking lot. General Plan Goals and Policies - The City of San Bernardino General Plan includes goals and policies to guide future development within the City, including the following: ❑ Enhance the aesthetic quality of land uses and structures in San Bernardino. ❑ Enhance the quality of life and economic vitality in San Bernardino by strategic infill of new development and revitalization of existing development. ❑ Control development and the use of land to minimize adverse impacts. Through this proposal, the applicant will be revitalizing the subject property in a manner that will enhance the physical and visual qualities of the subject property thereby enhancing the aesthetics of the surrounding neighborhood. Additionally, the existing underutilized portion of the property will be transformed into a development that meets the City's economic development goals by generating new revenues, while satisfying the Development Code requirements and will be adequately regulated through the Conditions of Approval in order to minimize potential impacts. Land Use - The existing 160-unit apartment complex was constructed in 1985, and the 1.14 acre portion of the site, which is proposed for the commercial development, is currently intended to provide a portion of the open space for the apartment complex. However, over the course of the past years, this open space area has been under- utilized, and in some respects has been blighted due to the inactive use. The transformation of this open space area into the proposed commercial development will enhance the aesthetics on the northeast corner of University Parkway and State Street, and it has been designed with a landscaping approach along the street frontages to maintain an open space appearance. Additionally, the proposed building is setback from the confluence of University Parkway and State Street, and the building lot coverage is only six (6) percent. Project Design Changes - When the application was originally submitted, the applicant's proposed commercial development was comprised of two (2) buildings. Building 1 contained approximately 2,700 square feet with a drive-thru, and Building 2 contained approximately 2,400 square feet with a drive-thru. Because of the existing traffic conditions within the subject area, staff worked in collaboration with the applicant to redesign the project by reducing the proposed commercial development from the two (2) buildings to only one (1) in order to alleviate potential traffic related impacts. Additionally, by eliminating a drive-thru, the potential for on-site congestion, as well as access to and from the site, will be minimized. Public Comments - There were no public comments submitted during the CEQA- mandated thirty (30) day public review period, nor were there any public comments presented during the public hearing by the Planning Commission. The application was also approved by a unanimous vote of the Planning Commission. Updated: 3/3/2016 by Linda Sutherland C Packet Pg. 311 r. 6.0 4316 California Environmental Quality Act: In accordance with §15063 of the California Environmental Quality Act (CEQA), the applicant submitted and the Planning Division accepted an Initial Study/ Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program prepared in connection with General Plan Amendment 15-01, Development Code Amendment (Zoning Map Amendment) 15-03, Subdivision 15-03 (Tentative Parcel Map 19654), Development Permit Type-P 15-02 and Conditional Use Permit 15-13. Accordingly, pursuant to §15072 of CEQA, a Notice of Intent to Adopt a Mitigated Negative Declaration was released on December 9, 2015 for the CEQA-mandated thirty (30) day public review and comment period, and there were no public written comments received or verbal comments presented. On January 14, 2015, the Development and Environmental Review Committee reviewed the application and Environmental Determination of the Planning Division, and moved the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for General Plan Amendment 15-01, Development Code Amendment (Zoning Map Amendment) 15-03, Subdivision 15-03 (Tentative Parcel Map 19654), Development Permit Type-P 15-02 and Conditional Use Permit 15-13 to the Planning Commission for consideration. Conclusion: On January 20, 2016, the Planning Commission determined that the proposed project is consistent with the City of San Bernardino General Plan and Development Code, and that the application satisfies all Findings of Fact required for approval of General Plan Amendment 15-01, Development Code Amendment (Zoning Map Amendment) 15-03, Subdivision 15-03 (Tentative Parcel Map 19654), Development Permit Type-P 15-02 and Conditional Use Permit 15-13. City Attorney Review: This staff report and supporting documentation has been reviewed by Deputy City Attorney Steven Graham. City Attorney Review: Supporting Documents: Attachment 1 - Ordinance (DOC) Attachment 1 - Ordinance - Exhibit A (PDF) Attachment 1 - Ordinance - Exhibit B (PDF) Attachment 2 - Resolution (DOC) Attachment 2 - Resolution - Exhibit A (PDF) Attachment 2 - Resolution - Exhibit B (PDF) Attachment 3 - Planning Commission Resolution 2016-006-PC (PDF) Attachment 4 - Planning Commission Staff Report (PDF) Attachment 5 - Planning Commission Minutes (PDF) Attachment 6 - Legal Ad (PDF) Updated: 3/3/2016 by Linda Sutherland C Packet Pg. 312 6.C.a 0 1 ORDINANCE NO. LL L 2 ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN Cr BERNARDINO APPROVING GENERAL PLAN AMENDMENT 15-01 TO CHANGE c 3 THE LAND USE DESIGNATION OF 10.94 ACRES FROM RESIDENTIAL TO c RESIDENTIAL AND COMMERCIAL AND DEVELOPMENT CODE AMENDMENT 4 (ZONING MAP AMENDMENT) 15-03 TO CHANGE THE ZONING DISTRICT c 5 FROM RESIDENTIAL MEDIUM (RM) TO RESIDENTIAL MEDIUM (RM) AND COMMERCIAL GENERAL (CG-1) IN ORDER TO ALLOW THE DEVELOPMENT, a 6 ESTABLISHMENT OF OPERATION OF A COMMERCIAL BUILDING 0 7 CONTAINING APPROXIMATELY 3,000 SQUARE FEET WITH A DRIVE-THRU. > THE PROJECT SITE IS LOCATED ON THE NORTHEAST CORNER OF o L 8 UNIVERSITY PARKWAY AND STATE STREET. ,0 M T 9 WHEREAS, the current City of San Bernardino Development Code was initially a 10 implemented in 1991; and v 11 WHEREAS, the current City of San Bernardino General Plan was initially o LO 12 implemented in 2005; and a. WHEREAS, on January 20, 2016, the Planning Commission of the City of San 13 M O 14 Bernardino held a noticed public hearing to consider public testimony and the staff report Ln m ' recommending adoption of the Mitigated Negative Declaration and the approval of General D 15 `� Plan Amendment 15-01, Development Code Amendment (Zoning Map Amendment) 15-03, o 16 Subdivision 15-03 (Tentative Parcel Map 19654), Development Permit Type-P 15-02 and a 17 Conditional Use Permit 15-13 to the Mayor and Common Council; and 18 WHEREAS, notice of the public hearing for the Mayor and Common Council's n 19 consideration of the proposed Ordinance was published in The Sun newspaper on February 20 22, 2016. 21 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE v 22 CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 0 c 23 ` SECTION 1. The Mayor and Common Council find that the above-stated Recitals 24 y are true and hereby adopt and incorporate them herein. 25 SECTION 2. Findings of Fact—General Plan Amendment 15-01. 26 Q 27 E Finding No. 1: The proposed amendment is internally consistent with the General Plan. E 28 1 a Packet tPg.313 6.C.a 0 1 Finding of Fact: The proposed amendment will result in removing the existing _ 2 Residential land use designation from the subject 1.14 acre portion of Cr 3 the existing site, resulting in approximately 9.80 acres remaining with a c M 4 Residential R land use designation and approximately 1.14 acres with a c c 5 new Commercial land use designation. The new Commercial land use E 6 Q 0 7 designation will provide for the accommodation of the development, d 0 8 establishment and operation of a commercial building containing w M r 9 approximately 3,000 square feet with a drive-thru with the required on- CL D 10 site and off-site improvements consistent with the City's Development U 11 0 Code. LO 12 a. Policy 2.5.6, which requires that new development be designed to 13 0 14 complement and not devalue the physical characteristics of the LO (a M 15 surrounding environment, including consideration of the site's natural Cn N O 16 topography and vegetation, surrounding exemplary architectural style Q U 17 with tower elements along with complimentary earth-toned colors. 18 °LO Policy 5.7.6, encourages architectural detailing, which includes richly 19 a 0 20 articulated surfaces rather than plain or blank walls. M 21 Additionally, the City of San Bernardino General Plan includes goals a� U 22 and policies to guide future development within the City, including the 23 following: 1) enhance the aesthetic quality of land uses and structures o 24 in San Bernardino; 2) enhance the quality of life and economic vitality 25 M in San Bernardino by strategic infill of new development and 26 a 27 revitalization of existing development; and, 3) control development and E 28 the use of land to minimize adverse impacts. 2 a Packet Pg. 314 :__MW 0 0 1 Finding No. 2: The proposed amendment would not be detrimental to the public CO LL 2 interest, health, safety, convenience, or welfare of the City. Cr CO Q 3 Finding of Fact: The proposed amendment will not be detrimental to the public interest, M 4 health, safety, convenience, or welfare of the City in that amendment c c 5 from Residential to Commercial for the proposed 1.14 area portion of E 6 Q 0 7 the subject 10.95 acre site will facilitate the development, establishment d 0 8 and operation of a commercial building containing approximately 3,000 12 M r 9 square feet with a drive-thru with the required on-site and off-site r aD 10 improvements consistent with the City's Development Code. The 06 11 N project site has direct access from both University Parkway and State LO 12 a Street, will be fully served by utility providers, will be constructed in o 13 M 0 14 accordance with all applicable codes and regulations, and will not result m D 15 in the need for the excessive provision of services. `n N O LO 16 Finding No. 3 The proposed amendment would maintain the appropriate balance of U 17 land uses within the City. 18 °LO Finding of Fact: The proposed amendment from Residential to Commercial for portion 19 a a � c� 20 of the subject 10.94-acre site will affect only 1.14 acres of land that is M 21 currently under-utilized. The proposed amendment maintains an �! a� 22 appropriate balance of land uses by providing for the re-use of an c 23 existing property. Thus, the proposed amendment will not change the o 24 balance of land uses in the City. 25 26 Finding No. 4 The subject parcels are physically suitable (including but not limited to, Q 27 access, provision of utilities, compatibility with adjoining land uses, 28 and adjoining land uses, and absence of physical constraints) for the � 3 a Packet Pg.4aj 6.C.a 0 1 requested land use designation and the anticipated land use _ 2 development s 0 3 Finding of Fact: The overall 10-94-acre site is currently developed with a 160-unit °o M 4 apartment complex, which occupies 9.80 acres, and the 1.14-acre c 5 portion of the site, which is currently under-utilized community open E °' 6 0 space for the existing apartment complex, will provide for the > 7 0 8 accommodation of the development, establishment and operation of a 0 M r 9 commercial building containing approximately 3,000 square feet with a a. 10 drive-thru with the required on-site and off-site improvements v 06 11 N consistent with the City's Development Code, and there are no physical LO r 12 a. constraints on the site, such as steep slopes or watercourses. o 13 M 0 14 SECTION 3. Findings of Fact — Development Code Amendment (Zoning Map LO m M 15 Amendment) N N 0 LO 16 17 Finding No. 1: The proposed amendment is consistent with the General Plan. o 18 Finding of Fact: The proposed amendment will result in removing the existing LO 19 Residential Medium (RM) zoning district from the subject 1.14 acre CL 20 portion of the existing site, resulting in approximately 9.80 acres M 21 remaining with a Residential Medium (RM) zoning district and 22 approximately 1.14 acres with a new Commercial General (CG) zoning 23 0 24 district. The new Commercial General (CG) zoning district will provide a� 25 for the accommodation of the development, establishment and E 26 operation of a commercial building containing approximately 3,000 Q 27 E 28 R r 4 a Packet Pg.316 6.0 a,- 0 1 square feet with a drive-thru with the required on-site and off-site a L 2 improvements consistent with the City's Development Code. Cr co 0 3 Finding No. 2: The proposed amendment would not be detrimental to the public o M 4 interest, health, safety, convenience, or welfare of the City. o c 5 Finding of Fact: The proposed amendment will not be detrimental to the public interest, E 6 CL health, safety, convenience, or welfare of the City in that amendment 7 from Residential Medium (RM) to Commercial General (CG) for the o 8 proposed 1.14 area portion of the subject 10.94 acre site will facilitate 9 the development, establishment and operation of a commercial building LO a 10 containing approximately 3,000 square feet with a drive-thru with the v 11 required on-site and off-site improvements consistent with the City's c Ln Development Code. The project site has direct access from both 12 a. University Parkway and State Street, will be fully served by utility o 13 M providers, will be construction in accordance with all applicable codes LO 14 and regulations, and will not result in the need for the excessive D co 15 provision of services. c 16 `� 17 SECTION 4. Compliance with the California Environmental Quality Act. o 18 The Mayor and Common Council has independently reviewed, analyzed and exercised c W) 19 judgment in finding that General Plan Amendment 15-01, Development Code Amendment CL 20 (Zoning Map Amendment) 15-03, Subdivision 15-03 (Tentative Parcel Map 19654), M 21 Development Permit Type-P 15-02 and Conditional Use Permit 15-13 will have no significant 22 adverse effect on the environment with incorporation of the Conditions of Approval and 23 0 24 mitigation measures; and determining that the Mitigated Negative Declaration, as accepted by c d 25 the Planning Commission as to the effects of this proposed project, is hereby adopted. E 26 SECTION 5. — General Plan Amendment 15-01, attached hereto as Exhibit "A" and Q 27 incorporated herein by reference, is hereby approved. E 28 r 5 a Packet Pg. 317 6.C.a 0 1 SECTION 6. — Development Code Amendment (Zoning Map Amendment) 15-03, a 0- attached hereto as Exhibit `B" and incorporated herein by reference, is hereby approved. 3 2 Cr co 3 0 SECTION 7. — Subdivision 15-03 (Tentative Parcel Map 19654), Development M 4 Permit Type-P 15-02 and Conditional Use Permit 15-13, as approved by Resolution, is c 5 incorporated herein by reference. 6 0. 0 a� 7 SECTION 8. - Notice of Determination: The Planning Division of the Community o 4° 8 Development Department is hereby directed to file a Notice of Determination with the County M 9 Clerk of the County of San Bernardino certifying the City's compliance with California a 10 Environmental Quality Act in adopting the Mitigated Negative Declaration. 06 11 0 LO r 12 SECTION 9. Severability: If any section, subsection, subdivision, sentence, or o 13 clause or phrase in this Resolution or any part thereof is for any reason held to be 9 14 unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision N 15 N 16 shall not affect the validity or effectiveness of the remaining portions of this Resolution or any 9 LO a 17 part thereof. The Mayor and Common Council hereby declares that it would have adopted o 18 each section irrespective of the fact that any one or more subsections, subdivisions, sentences, LO Q 19 clauses, or phrases be declared unconstitutional, invalid, or ineffective. to 20 M V 21 22 23 0` 24 L d 25 26 r 27 E 28 6 a Packet Pg. 318 . rrrrrr 0 ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN Ui 1 BERNARDINO APPROVING GENERAL PLAN AMENDMENT 15-01 TO CHANGE THE 2 LAND USE DESIGNATION OF 10.94 ACRES FROM RESIDENTIAL TO RESIDENTIAL Cr AND COMMERCIAL AND DEVELOPMENT CODE AMENDMENT (ZONING MAP Cn 3 AMENDMENT) 15-03 TO CHANGE THE ZONING DISTRICT FROM RESIDENTIAL COD ct MEDIUM (RM) TO RESIDENTIAL MEDIUM (RM) AND COMMERCIAL GENERAL (CG- r; 4 1) IN ORDER TO ALLOW THE DEVELOPMENT, ESTABLISHMENT OF OPERATION OF A COMMERCIAL BUILDING CONTAINING APPROXIMATELY 3,000 SQUARE FEET c 5 WITH A DRIVE-THRU. THE PROJECT SITE IS LOCATED ON THE NORTHEAST CORNER OF UNIVERSITY PARKWAY AND STATE STREET. E C. 6 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor o 7 and Common Council of the City of San Bernardino at a regular meeting thereof, held on the o 8 day of , 2016, by the following vote to wit: o M r 9 Council Members: AYES NAYS ABSTAIN ABSENT a D 10 U 11 MARQUEZ N 0 Ln 12 BARRIOS a 0 13 VALDIVIA LO 14 SHORETT m D 15 NICKEL o 16 RICHARD v 17 0 18 MULVIHILL o 19 20 ° Georgeann Hanna, City Clerk 21 22 The foregoing Ordinance is hereby adopted this day of , 2016. �a 23 0 24 R. CAREY DAVIS, Mayor 25 Approved as to form: City of San Bernardino 26 Gary D. Saenz, City Attorney Q 27 E a� By: E 28 7 a Packet Pg. 319> 6.C.b 0 0 0 ri cu 4- 0 c d E CL 0 as CD L 0 Mill,, M r Ln T- CL U N O O r a M O n � W t G i In e. Q - U o Q a c� M Q t K W d V C cC C L " 0 LEGEND ' :'COMMERCIAL C s � d RESIDENTIAL v one m , Q d E NERAL t v NICKEL GROUP 1 \�T IL ! \ ! RI L.�/ '�.. ELI NE GEEXHIBTA PLAN Q ARCHITECTURE ac,cNa aacva wca o e a Sao* V-2w . 2-0 NWC UNIVERSITY PARKWAY AND STATE STREET uw�a+,za+e C.5P4f4 •�':��.s ..:�.p'n��.r r d 4Fa r a�,m f�effWYf- SAN BERNARDINO, CALIFORNIA Q 0 M R 0 Y E Q 0 Q L � � M `� to a ,Y �ii• e,� _ .. N y - O z Lo ra. CL 3 St CL k hr t ci to r t Q r ' ,; C Ln d t0 r M d' m Y K W V C R C L r p LEGEND COMMERCIAL GENER d RESIDENTIAL MEDIUM v Q d BRC GROUP TAIL AT F 1 I LI N E Z°" B ARCHiT ECrURN EXHIBIT Q NWC UNIVERSITY PARKWAY AND STATE STREET n , ,k\A�_Y r99�gA P#1,iC pR*tirbm SAN BERNARDINO, CALIFORNIA Packet Pg. 321 ,. 6.C.d 0 RESOLUTION NO. . 1 � 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF co SAN BERNARDINO ADOPTING A MITIGATED NEGATIVE DECLARATION AND C 3 APPROVING SUBDIVISION 15-03 (TENTATIVE PARCEL MAP 19654), °o DEVELOPMENT PERMIT TYPE-P 15-02 AND CONDITIONAL USE PERMIT 15-13 4 TO ALLOW THE DEVELOPMENT, ESTABLISHMENT AND OPERATION OF A o 5 COMMERCIAL BUILDING CONTAINING APPROXIMATELY 3,000 SQUARE FEET WITH A DRIVE-THRU ON A PARCEL CONTAINING APPROXIMATELY E 0. 6 1.14 ACRES LOCATED ON THE NORTHEAST CORNER OF UNIVERSITY o PARKWAY AND STATE STREET (APN: 0266-101-29) WITHIN THE PROPOSED d 7 COMMERCIAL GENERAL (CG-1) ZONE. ° 0 8 Cl) 9 WHEREAS, on July 1, 2015, pursuant to the requirements of Chapter 19.50 (General 7 a 10 Plan Amendments), Chapter 19.42 (Development Code Amendments), Chapter 19.74 (Zoning v 06 11 Map Amendment), §19.44.020 (Development Permit Applications), §19.06.030(2)(H) (Drive- o LO 12 Thru Restaurants) and §19.66.020 (Subdivision Map Applications) of the City of San a. 13 0 Bernardino Development Code, an application for General Plan Amendment 15-01, 9 14 m Development Code Amendment (Zoning Map Amendment) 15-03, Subdivision 15-03 D 15 N 16 (Tentative Parcel Map 19654), Development Permit Type-P 15-02 and Conditional Use Ln Q 17 Permit 15-13 was duly submitted by: o 18 Ln Property Owner: Ridgeline Apartments, LLC a 19 240 Newport Center Drive, Suite 200 20 Newport Beach, CA 92660 M 21 Project Applicant: Bickel Group Architecture = 3600 Birch Street ° 22 Newport Beach, CA 92504 0 23 Parcel Address: Northeast Corner of University Parkway and State Street 24 APN: 0266-101-29 Lot Area: 10.94 acres 25 E 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 E 28 designation and Zoning district for Parcel 2 (1.14 acres) of Tentative Parcel Map 19654 from Ca 1 Packet Pg.322 0 1 Residential to Commercial and Residential Medium (RM) to Commercial General (CG-1), �° L 2 respectively; and cn 3 WHEREAS, Subdivision 15-03 (Tentative Parcel Map 19654) is a request to °o M 4 subdivide an existing parcel containing approximately 10.94 acres into two (2) separate o c 5 parcels, with Parcel 1 containing approximately 9.80 acres remaining to accommodate the E 0. 6 0 7 existing multi-family residential development, which shall remain within the Residential land o 8 use designation and Residential Medium (RM) zone, and Parcel 2 containing approximately L° M r 9 1.14 acres to accommodate the proposed commercial development, which is being proposed a 10 as Commercial land use designation and Commercial General (CG-1) zone; and U 06 11 N WHEREAS, Development Permit Type-P 15-02 and Conditional Use Permit 15-13 is n 12 a a request to allow the development, establishment and operation of a commercial building o 13 cl O 14 containing approximately 3,000 square feet with a drive-thru and the required on-site and off- m D 15 site improvements on Parcel 2; and N O LO 16 WHEREAS, pursuant to requirements of §15063 of the California Environmental a U 17 Quality Act, the Planning Division of the Community Development Department accepted the 18 LO Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting a a. 19 20 Program submitted by the applicant for General Plan Amendment 15-01, Development Code M 21 Amendment (Zoning Map Amendment) 15-03, Subdivision 15-03 (Tentative Parcel Map c 0 22 19654), Development Permit Type-P 15-02 and Conditional Use Permit 15-13; and 0 0 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 E Development Code, the Development and Environmental Review Committee reviewed the 26 Z a 27 application and moved the Mitigated Negative Declaration, General Plan Amendment 15-01, a� E 28 Development Code Amendment (Zoning Map Amendment) 15-03, Subdivision 15-03 ca 2 Q Packet Pg.323 6.C.d 0 1 (Tentative Parcel Map 19654), Development Permit Type-P 15-02 and Conditional Use U- 0. 2 Permit 15-13 to the Planning Commission for consideration; and 0 3 WHEREAS, on January 20, 2016, pursuant to the requirements of §19.52.040 of the o M 4 City of San Bernardino Development Code, the Planning Commission held the duly noticed o c 5 public hearing at which interested persons had an opportunity to testify in support of, or a 6 2 7 opposition to the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and o 8 Reporting Program, General Plan Amendment 15-01, Development Code Amendment 0 Ln M r 9 (Zoning Map Amendment) 15-03, Subdivision 15-03 (Tentative Parcel Map 19654), a D 10 Development Permit Type-P 15-02 and Conditional Use Permit 15-13, and at which meeting 0 11 the Planning Commission adopted Resolution No. 2016-006-PC recommending to the Mayor Ln 12 a and Common Council the adoption of the Mitigated Negative Declaration and the approval of o 13 0 14 General Plan Amendment 15-01, Development Code Amendment (Zoning Map Amendment) m D 15 15-03, Subdivision 15-03 (Tentative Parcel Map 19654), Development Permit Type-P 15-02 CO N 0 LO 16 and Conditional Use Permit 15-13; and Q 17 U 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 Q 19 20 the authority to take action on the Mitigated Negative Declaration, General Plan Amendment M 21 15-01, Development Code Amendment (Zoning Map Amendment) 15-03, Subdivision 15-03 c 0 22 (Tentative Parcel Map 19654), Development Permit Type-P 15-02 and Conditional Use 0 0 23 Permit 15-13. 24 N WHEREAS, notice of the March 7, 2016 public hearing for the Mayor and Common 25 Council's consideration of the proposed Resolution was published in The Sun newspaper on 26 a 27 February 22, 2016, and was mailed to property owners within a 500 foot radius of the project E 28 site in accordance with Development Code Chapter 19.52. 3 Packet Pg..324 6C.d 0 1 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON uo- 2 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: co 0 3 SECTION 1. The Mayor and Common Council find that the above-stated Recitals °o M 4 are true and hereby adopt and incorporate them herein. o 5 d E 6 SECTION 2. Findings of Fact—General Plan Amendment 15-01. o a� 7 0 8 Finding No. 1: The proposed amendment is internally consistent with the General Plan. o M 9 Finding of Fact: The proposed amendment will result in removing the existing a. 10 Residential land use designation from the subject 1.14 acre portion of v 11 the existing site, resulting in approximately 9.80 acres remaining with a ,° 12 a Residential R land use designation and approximately 1.14 acres with a o 13 0 new Commercial land use designation. The new Commercial land use 14 m for h accommodation of the development, N 15 designation will provide o the p , N 0 LO 16 establishment and operation of a commercial building containing a 17 U 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 a. Code. 20 Policy 2.5.6, which requires that new development be designed to :S 21 r_ 0 22 complement and not devalue the physical characteristics of the 2 0 23 surrounding environment, including consideration of the site's natural 24 N topography and vegetation, surrounding exemplary architectural style 25 E with tower elements along with complimentary earth-toned colors. R 26 a 27 Policy 5.7.6, encourages architectural detailing, which includes richly E 28 articulated surfaces rather than plain or blank walls. �a 4 Q Packet Pg. 325 6.C.d 0 1 Additionally, the City of San Bernardino General Plan includes goals �° and policies to guide future development within the City, including the a 2 0 3 following: 1) enhance the aesthetic quality of land uses and structures C M 4 in San Bernardino; 2) enhance the quality of life and economic vitality o c 5 in San Bernardino by strategic infill of new development and Q. 6 2 7 revitalization of existing development; and, 3) control development and o 8 the use of land to minimize adverse impacts. ° M r 9 Finding No. 2: The proposed amendment would not be detrimental to the public a D 10 interest, health, safety, convenience, or welfare of the City. 0 11 N Finding of Fact: The proposed amendment will not be detrimental to the public interest, Lh 12 a health, safety, convenience, or welfare of the City in that amendment o 13 0 14 from Residential to Commercial for the proposed 1.14 area portion of m D 15 the subject 10.95 acre site will facilitate the development, establishment N N O LO 16 and operation of a commercial building containing approximately 3,000 U 17 square feet with a drive-thru with the required on-site and off-site 0 18 LO improvements consistent with the City's Development Code. The a 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 0 22 accordance with all applicable codes and regulations, and will not result 0 0 23 in the need for the excessive provision of services. 24 N 25 Finding No. 3 The proposed amendment would maintain the appropriate balance of 0 26 a 27 land uses within the City. a� 28 R 5 a Packet Pg.4 6 6.C.d 0 1 Finding of Fact: The proposed amendment from Residential to Commercial for portion U° 0- of the subject 10.94-acre site will affect only 1.14 acres of land that is a 2 Cn Co 3 currently under-utilized. The proposed amendment maintains an o0 M 4 appropriate balance of land uses by providing for the re-use of an c 5 existing property. Thus, the proposed amendment will not change the a 6 C balance of land uses in the City. > 7 0 L 8 Finding No. 4 The subject parcels are physically suitable (including but not limited to, 0 M r 9 access, provision of utilities, compatibility with adjoining land uses, a D 10 and adjoining land uses, and absence of physical constraints) for the v 06 11 requested land use designation and the anticipated land use n 12 a. development 0 13 M O 14 Finding of Fact: The overall 10-94-acre site is currently developed with a 160-unit m 15 apartment complex, which occupies 9.80 acres, and the 1.14-acre N N 0 16 portion of the site, which is currently under-utilized community open to 17 s pace for the existing apartment complex, will provide for the 0 18 LO accommodation of the development, establishment and operation of a a 19 20 commercial building containing approximately 3,000 square feet with a M 21 drive-thru with the required on-site and off-site improvements c 0 22 consistent with the City's Development Code, and there are no physical 0 0 23 N constraints on the site, such as steep slopes or watercourses. 24 N SECTION 3. Findings of Fact — Development Code Amendment (Zoning Map 25 E 26 Amendment) 15-01. Y a 27 Finding No. 1: The proposed amendment is consistent with the General Plan. 28 E V 6 Q Packet Pg.327 0 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 a CO 3 portion of the existing site, resulting in approximately 9.80 acres C M CO 4 remaining with a Residential Medium (RM) zoning district and o 5 approximately 1.14 acres with a new Commercial General (CG) zoning E OL 6 0 7 district. The new Commercial General (CG) zoning district will provide o 8 for the accommodation of the development, establishment and M r 9 operation of a commercial building containing approximately 3,000 a 10 square feet with a drive-thru with the required on-site and off-site 11 improvements consistent with the City's Development Code. r 12 a Finding No. 2: The proposed amendment would not be detrimental to the public o 13 0 14 interest, health, safety, convenience, or welfare of the City. CO D 15 Finding of Fact: The proposed amendment will not be detrimental to the public interest, `" N O LO 16 health, safety, convenience, or welfare of the City in that amendment a U 17 from Residential Medium (RM) to Commercial General (CG) for the 18 W proposed 1.14 area portion of the subject 10.94 acre site will facilitate a 19 20 the development, establishment and operation of a commercial building containing approximately 3,000 square feet with a drive-thru with the 21 v 0 22 required on-site and off-site improvements consistent with the City's 2 0 23 Development Code. The project site has direct access from both 24 N 4. University Parkway and State Street, will be fully served by utility 25 E providers, will be construction in accordance with all applicable codes 26 a 27 and regulations, and will not result in the need for the excessive E 28 provision of services. 7 1 Packet Pg. 328 6.C.d 0 1 SECTION 4. Findings of Fact—Development Permit Type-P 15-02. �° 2 Finding No. 1: The proposed development is permitted within the subject zoning 0 3 district and complies with all applicable provisions of the Development o0 M 4 Code, including prescribed site development standards and applicable o 5 design guidelines. a 6 C Finding of Fact: The proposed development, establishment and operation of a o commercial building containing approximately 3,000 square feet with a o 8 M r 9 drive-thru with the required on-site and off-site improvements a 10 consistent with the City's Development Code is a permitted land use 11 N within the proposed Commercial General (CG-1) zone, subject to the 12 a approval of a General Plan Amendment, Development Code o 13 0 14 Amendment/Zoning Map Amendment, Conditional Use Permit and m D 15 Development Permit Type-P with the appropriate Conditions of Cn N 0 LO 16 Approval and CEQA determination. The proposal under Development a U 17 Permit Type-P 15-02 will be developed in compliance with all of the o r 18 In applicable provisions of the City of San Bernardino Development a 19 0 20 Code, including development standards and applicable design M 21 guidelines. Therefore, the proposal would not impair the integrity and 0 22 character of the subject land use district. 0 0 23 Finding No. 2: The proposed use is consistent with the General Plan. 24 N Finding of Fact: General Plan Housing Goal 3.1 states: "Facilitate the development of a 25 E variety of types of housing to meet the needs of all income levels in the 26 a 27 City of San Bernardino." 28 s 8 a Packet Pg. 329 6.0.d 0 1 The proposed development, establishment and operation of a �° as commercial building containing approximately 3,000 square feet with a 2 CO 0 3 drive-thru with the required on-site and off-site improvements °o M 4 consistent with the City's Development Code is a permitted land use o c 5 within the proposed Commercial General (CG-1) zone, subject to the E OL 6 2 7 approval of a General Plan Amendment, Development Code o 8 Amendment/Zoning Map Amendment, Conditional Use Permit and ,F M r 9 Development Permit Type-P with the appropriate Conditions of a. D 10 Approval and CEQA determination, and the proposed Commercial v 06 11 General (CG-1) is consistent with the proposed Commercial General 6 12 a land use designation set forth by the General Plan Land Use Map. o 13 0 14 Finding No. 3 The proposed development is harmonious and compatible with existing m 15 and future developments within the land use district and general area, N O LO 16 as well as the land uses presently on the subject property. Q 17 � Finding of Fact: The proposed development, establishment and operation of a 0 18 Ln commercial building containing approximately 3,000 square feet with a Q 19 a c� 20 drive-thru with the required on-site and off-site improvements will be 21 harmonious and compatible with existing and future developments :S 0 22 within the Commercial and Residential zones and the surrounding area. 0 23 The scale and density of the proposed development is similar to that of W 24 N the existing commercial development in the area and it conforms to the 25 E development standards of the Commercial General (CG-1) zone. Since 0 26 a 27 the proposal is consistent with both the General Plan and Development 0 E 28 cc y 9 a Packet Pg. 330 6.C.d .r 0 1 Code, no land use conflict is expected to result from construction of the U0- 2 proposed project. N 0 3 Finding No. 4 The proposed development is in compliance with the requirements of o0 rS 4 the California Environmental Quality Act (CEQA) and §19.20.030 of c 5 the Development Code. Q 6 2 7 Finding of Fact: In accordance with §15063 of the California Environmental Quality Act o 8 (CEQA), an Initial Study/Mitigated Negative Declaration and 2 M r 9 Mitigation Monitoring and Reporting Program was prepared in a M 10 connection with General Plan Amendment 15-01, Development Code V Od 11 N Amendment (Zoning Map Amendment) 15-03, Subdivision 15-03 12 a (Tentative Parcel Map 19654), Development Permit Type-P 15-02 and o 13 cl 0 14 Conditional Use Permit 15-13 for the development, establishment and m D 15 operation of a commercial building containing approximately 3,000 N N O 16 square feet with a drive-thru with the required on-site and off-site Q 17 U improvements. In accordance with §15097 of CEQA, a Mitigation 0 18 0 Monitoring and Reporting Program has been prepared in order to a 19 20 ensure that the mitigation measures are implemented to prevent M 21 potential environmental impacts. c 0 22 Finding No. 5: There will be no potentially significant negative impacts upon 2 0 23 environmental quality and natural resources that could not be properly W 24 mitigated and monitored. 25 26 Finding of Fact: In accordance with §15063 of the California Environmental Quality Act a 27 (CEQA), an Initial Study/Mitigated Negative Declaration and m E 28 Mitigation Monitoring and Reporting Program was prepared in 10 a Packet Pg.331 6.C.d 0 1 connection with General Plan Amendment 15-01, Development Code U_ Amendment (Zoning Map Amendment) 15-03, Subdivision 15-03 2 0 3 (Tentative Parcel Map 19654), Development Permit Type-P 15-02 and °o M 4 Conditional Use Permit 15-13 for the development, establishment and c 5 operation of a commercial building containing approximately 3,000 a 6 C 7 square feet with a drive-thru with the required on-site and off-site o L 8 improvements. In accordance with §15097 of CEQA, a Mitigation M r 9 Monitoring and Reporting Program has been prepared in order to a 1 10 ensure that the mitigation measures are implemented to prevent U 06 11 N potential environmental impact. Therefore, the proposed commercial 6 12 a building containing approximately 3,000 square feet with a drive-thru ❑ 13 0 14 with the required on-site and off-site improvements will be completed m 15 in a manner so that it is consistent with the surrounding neighborhood, Cn N 0 LO 16 and no significant negative impacts on the environment are anticipated. Q 17 U Finding No. 6: The subject site is physically suitable for the type and density/intensity 18 0 Ln of use being proposed. a CL 19 20 Finding of Fact: The proposed commercial building containing approximately 3,000 r 21 square feet with a drive-thru with the required on-site and off-site 0 22 improvements are permitted within the proposed Commercial General 0 23 (CG-1) zone, subject to the approval of a General Plan Amendment, W 24 N Development Code Amendment/Zoning Map Amendment, Conditional 25 Use Permit and Development Permit Type-P with the appropriate 26 a 27 Conditions of Approval and CEQA determination. The subject site as a 28 commercial development is sufficient in size to accommodate the � 11 Packet Pg. 332' 6.C.d 0 1 proposal under Development Permit Type-P 15-02 as required by the L° L 2 City of San Bernardino Development Code. Therefore, the subject site a 0 3 is physically suitable for the proposal. °o M 4 Finding No. 7 There are adequate provisions for public access, water, sanitation, and o 5 public utilities and services to ensure that the proposed use would not a 6 0 7 be detrimental to public health and safety. > L 8 Finding of Fact: There are adequate provisions for public access, public utilities, and o M r 9 public services for the proposed commercial building containing a 10 approximately 3,000 square feet with a drive-thru with the required on- 11 N site and off-site improvements. The existing site is located adjacent to ; 12 a and already served by existing public streets and a full range of public o 13 0 14 utilities and services. All applicable Codes will apply to the proposed r- 15 development. Therefore, subject to the Conditions of Approval, the CO N O LO 16 proposed development under Development Permit Type-P 15-02 will a 17 � not be detrimental to public services or public health and safety. 0 18 LO Finding No. 8 The location, size, design, and operating characteristics of the proposed Q 19 20 use are compatible with the existing and future land uses within the to M 21 general area in which the proposed use is to be located and will not c 0 22 create significant noise, traffic or other conditions or situations that may 2 0 23 be objectionable or detrimental to other permitted uses in the vicinity or W 24 N adverse to the public interest, health, safety, convenience, or welfare of 25 E s the City. 26 a 27 Finding of Fact: The proposed development of the commercial building containing 28 approximately 3,000 square feet with adrive-thru with the required on- � R 12 Q Packet Pg. 333 .tom 6.0.d 0 1 site and off-site improvements conforms to all applicable development U- 0- standards and land use regulations of the proposed Commercial General a 2 Cn 0 3 (CG-1) zone. Therefore, the design of the project, in conjunction with 00 M 4 the recommended Conditions of Approval, will ensure that the proposal o 5 will not create significant noise, traffic, or other conditions or situations E CL 6 2 that may be objectionable or detrimental to other permitted uses in the o 8 vicinity of the site, nor will it be adverse to the public interest, health, 0 M r 9 safety, convenience or welfare of the City. The location, size, design a 10 and character of the proposed development will enhance the v 11 N neighborhood to the benefit of the public interest and general welfare of n 12 a. the City. 13 M O 14 SECTION 5. Findings of Fact—Conditional Use Permit 15-13. m 15 Finding No. 1: The proposed use is conditionally permitted within, and would not N O Ln 16 impair the integrity and character of the subject land use district and U 17 complies with all of the applicable provisions of the Development 18 Ln Code. a 19 a. c� 20 Finding of Fact: The proposed project is a conditionally permitted use, pursuant to M 21 Development Code §19.06.030(3)(C). The project site will be located `t 0 22 within the Commercial General (CG-1) zone as proposed by General 0 23 Plan Amendment 15-01 and Development Code Amendment (Zoning W 24 N 1 1 Map Amendment) 15-03, and is substantially surrounded by existing 25 E commercial uses. The proposed development will comply with all U 26 a 27 applicable Development Code standards, such as parking landscaping, E 28 building setbacks and height, etc. Further, the development of the 13 Q FPacket Pg. 334 6: 0 1 subject property will enhance the appearance of the current under- u0. utilized portion of the property. Therefore, the project would not a 2 Cn 0 3 impair the integrity and character of the subject land use district or be Co M 4 detrimental to surrounding properties. 0 c 5 Finding No. 2: The proposed use is consistent with the General Plan. a 6 2 7 Finding of Fact: The proposal is consistent with several General Plan goals and policies. o 8 The Land Use Element (Table LU-2) lists the intended uses for the CG- ,a LOM r 9 1 zone, and permits a variety of retail, service, and related uses. Land a_ 10 Use Policy 2.2.1 requires compatibility between land uses and quality v 11 � design. Economic Development Policy 4.1.1 seeks out businesses that L� 12 a create jobs and generate sales tax revenue. The proposed project will o 13 M O 14 expand job opportunities within the City. Further, the proposed project m D 15 involves a commercial development with quality design elements that W N O 16 will be compatible with other commercial developments within the Q 17 U surrounding area. Therefore the proposed project would be compatible �_ 18 with surrounding land uses and consistent with the General Plan. Q 19 20 Finding No. 3 Approval of the Conditional Use Permit for the proposed use is in M 21 compliance with the requirements of the California Environmental 0 22 Quality Act (CEQA) and §19.20.030(6) of the Development Code. 0 23 Finding of Fact: In accordance with §15063 of the California Environmental Quality Act 24 N (CEQA), an Initial Study/Mitigated Negative Declaration and 25 E Mitigation Monitoring and Reporting Program was prepared in 26 a 27 connection with General Plan Amendment 15-01, Development Code 0 E 28 Amendment (Zoning Map Amendment) 15-03, Subdivision 15-03 14 Q Packet Pg. 335 6.C.tl ..,. 0 1 (Tentative Parcel Map 19654), Development Permit Type-P 15-02 and _ 2 Conditional Use Permit 15-13 for the development, establishment and Cr 0 3 operation of a commercial building containing approximately 3,000 C M 4 square feet with a drive-thru with the required on-site and off-site o c 5 improvements. In accordance with §15097 of CEQA, a Mitigation a 6 2 7 Monitoring and Reporting Program has been prepared in order to 0 L 8 ensure that the mitigation measures are implemented to prevent ,q M r 9 potential environmental impacts. Approval of the proposed project r a_ 10 would not result in any impacts on the environment. 06 11 N Finding No. 4 There will be no potentially significant negative impacts upon n 12 a environmental quality and natural resources that could not be properly a 13 0 14 mitigated and monitored. m 15 Finding of Fact: The project site is an in-fill lot and the surrounding area is urbanized. CO N 0 16 Therefore, no significant negative impacts on the environment are Q 17 U anticipated to result from the proposed wireless facility. 0 18 In Finding No. 5: The location, size, design, and operating characteristics of the proposed a 19 a. c� 20 use are compatible with the existing and future land uses within the M 21 general area in which the proposed use is to be located and will not : 0 22 create significant noise, traffic or other conditions or situations that may 0 0 23 be objectionable or detrimental to other permitted uses in the vicinity or 24 N adverse to the public interest, health, safety, convenience, or welfare of 25 E the City. 26 a 27 Finding of Fact: The proposed design is in compliance with the Development Code a� E 28 requirements that are applicable to location, height and setbacks for 15 a Packet Pg.416 6.C.dmm r O 1 commercial development with drive-thru. All access to the subject �° TOW property will be through points of access from University Parkway and a 2 O 3 State Street. Therefore, the design of the project will ensure that the °O M 4 project will not create any significant noise, traffic, or other conditions c c 5 that would be detrimental or objectionable to other uses in the vicinity E CL 6 O 7 or adverse to the public health, safety, convenience, or welfare of the o City. ° 8 M r 9 Finding No. 6: The subject site is physically suitable for the type and density/intensity r a 10 of use being proposed. 11 N Finding of Fact: The site is physically suitable for the development, establishment and ; 12 a operation of a commercial building containing approximately 3,000 0 13 0 14 square feet with a drive-thru with the required on-site and off-site m 0 15 improvements as evidenced by project compliance with all applicable `n LON O 16 Development Code standards. a 17 � Finding No. 7 There are adequate provisions for public access, water, sanitation, and 18 LO public utilities and services to ensure that the proposed use would not Q 19 20 be detrimental to public health and safety. M 21 C O 22 Finding of Fact: The site has direct access off of University Parkway and State Street. 0 23 All agencies responsible for reviewing access and providing water, W 24 N sanitation and other public services to the site have had the opportunity 25 E 26 to review the proposal, and none indicated inability to serve the project a 27 site. Establishment of the proposed project, subject to Conditions of E 28 16 d Packet Pg.337 6.C.d 0 1 Approval, will not be detrimental to public services or public health and L° 2 safety. s 3 SECTION 6. Findings of Fact—Subdivision 15-03 (Tentative Parcel Map 19654). °o M 4 Finding No. 1: The proposed map is consistent with the General Plan. c c 5 Finding of Fact: The proposed Tentative Parcel Map to accommodate the development E 6 0 of the commercial building containing approximately 3,000 square feet o $ with a drive-thru with the required on-site and off-site improvements %2 M r 9 will provide additional economic development opportunities with the a 1 10 City, the proposed project is permitted within the proposed Commercial v 06 11 N General (CG-1) zone, subject to the approval of a General Plan to 12 a. Amendment, Development Code Amendment/Zoning Map o 13 0 14 Amendment, Development Permit Type-P and Conditional Use Permit m D 15 with the appropriate Conditions of Approval and CEQA determination, co N O 16 and the proposed Commercial General Zone is consistent with the a 17 U proposed Commercial General land use designation set forth by the °- 0 18 LO General Plan Land Use Map. a 19 a. 20 Finding No. 2: The design and improvements of the proposed subdivision is consistent M 21 with the General Plan. c 0 22 Finding of Fact: General Plan Land Use Goal 2.2 states: Promote development that 0 23 integrates with surrounding land uses." The proposed Tentative Parcel W 24 N Map will be consistent with the pattern of development within the 25 E existing surrounding neighborhood. General Plan Land Use policy 26 a 27 2.7.5 states: "Require that developments conform to the availability of E 28 public infrastructure to accommodate its demands and mitigate its � R r 17 Packet Pg. 338 6.c.d 0 1 impacts." The proposed Tentative Parcel Map will connect to existing u°_ 2 water and sewer services, roads, storm drains, and private utilities. a 3 Finding No. 3 The site is physically suitable for the type of development. °o M 4 Finding of Fact: The proposed project is permitted within the proposed Commercial c 5 0 General (CG-1) zone, subject to the approval of a General Plan a. 6 0 7 Amendment, Development Code Amendment/Zoning Map o L 8 Amendment, Development Permit Type-P and Conditional Use Permit 0 M r 9 with the appropriate Conditions of Approval and CEQA determination a 10 is permitted within the proposed Commercial General (CG-1) zone. The v 11 0 subject site as a commercial development is sufficient in size to 0 12 a accommodate the proposal under General Plan Amendment 15-01, o 13 0 14 Development Code Amendment (Zoning Map Amendment) 15-03, m D 15 Subdivision 15-03 (Tentative Parcel Map 19654), Development Permit N O LO 16 Type-P 15-02 and Conditional Use Permit 15-13 as required by the City a 17 U of San Bernardino Development Code. Therefore, the subject site is °- 18 LO physically suitable for the proposal. a 19 IL 20 Finding No. 4 The site is physically suitable for the proposed density of development. M 21 Finding of Fact: The development of the commercial building containing approximately c 0 22 3,000 square feet with a drive-thru with the required on-site and off-site 0 23 improvements is permitted within the proposed Commercial General W 24 N (CG-1) zone, subject to the approval of a General Plan Amendment, 25 E Development Code Amendment/Zoning Map Amendment, 26 a 27 Development Permit Type-P and Conditional Use Permit with the E 28 appropriate Conditions of Approval and CEQA determination. The 18 Q FPacket Pg.339 6.C.d 0 1 subject site as a commercial development is sufficient in size to �° 0- accommodate the proposal under Conditional Use Permit 15-13 and 2 Cn 3 Development Permit Type-P 15-02 as required by the City of San °O M 4 Bernardino Development Code. Therefore, the subject site is physically o c 5 suitable for the proposal. E 0. 6 2 Finding No. 5: The design of the subdivision and the proposed improvements will not o L 8 cause substantial environmental damage or substantially or avoidably ,Q M r 9 injure fish or wildlife or their habitat. a. D 10 Finding of Fact: The design of the subdivision will not have any significant negative v 06 11 N impacts to wildlife or their habitat. The project site is an existing n 12 a developed site and surrounded by urban development. No significant o 13 0 14 negative impacts on the environment are anticipated to result from re- m D 15 use of the existing site already developed with commercial uses. N N O 16 Finding No. 6: The design of the subdivision or type of improvements will not cause Q L)17 serious public health problems. 0 18 UJ Finding of Fact: The design of the proposed subdivision meets all of the applicable a 19 0 20 Development Code requirements and will not result in any serious M 21 public health problems. The proposed parcel will have access to 0 22 existing public streets. Existing utilities and public services are 0 0 23 available to serve the project site and ensure the maintenance of public W 24 N health and safety. 25 E Finding No. 7 The design of the subdivision or the type of improvements will not 0 26 a 27 conflict with easements, acquired by the public at large, for access a� E 28 through or use of, property within the proposed subdivision. 19 a Packet Pg. 34o'- 6.C.d r O 1 Finding of Fact: The design of the subdivision will not conflict with any public or �° L 2 private easements. All documentation relating to easements and a 0 3 dedications will be reviewed and approved by the City Engineer prior o0 M tu 4 to recordation of the Final Map. Existing easements will be reserved in o 5 place or relocated, as necessary. E 0. 6 2 7 SECTION 7. Compliance with the California Environmental Quality Act. o L 8 The Mayor and Common Council has independently reviewed, analyzed and exercised 2 M r 9 judgment in finding that General Plan Amendment 15-01, Development Code Amendment a. 10 (Zoning Map Amendment) 15-03, Subdivision 15-03 (Tentative Parcel Map 19654), v 06 11 Development Permit Type-P 15-02 and Conditional Use Permit 15-13 will have no significant n 12 a adverse effect on the environment with incorporation of the Conditions of Approval and a 13 M O 14 mitigation measures; and determining that the Mitigated Negative Declaration, as accepted by m D 15 the Planning Commission as to the effects of this proposed project, is hereby adopted. N N O 16 2. Mitigation measures identified in the Mitigated Negative Declaration have been a U A 17 compiled in a Mitigation Monitoring and Reporting Program for General Plan Amendment °- 18 LO 15-01, Development Code Amendment (Zoning Map Amendment) 15-03, Subdivision 15-03 a 19 a. 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 0 22 and Reporting Program attached as Exhibit "A," and incorporated herein by reference. 0 23 SECTION 8. — General Plan Amendment 15-01, as approved by Ordinance, is 24 N r incorporated herein by reference. 25 E SECTION 9. — Development Code Amendment (Zoning Map Amendment) 15-03, as 26 a 27 approved by Ordinance, is incorporated herein by reference. 0 E 28 20 a Packet Pg. 341 6.C.d 0 1 SECTION 10. — Subdivision 15-03 (Tentative Parcel Map 19654), Development u°- 0 2 Permit Type-P 15-02 and Conditional Use Permit 15-13, subject to the Conditions of a co 0 3 Approval attached hereto as Exhibit `B" and incorporated herein by reference, is hereby o M 4 `- approved. c 5 SECTION 11. - Notice of Determination: The Planning Division of the Community a. 6 7 Development Department is hereby directed to file a Notice of Determination with the County o 8 Clerk of the County of San Bernardino certifying the City's compliance with California M r 9 Environmental Quality Act in adopting the Mitigated Negative Declaration. a 10 SECTION 12. Severability: If any section, subsection, subdivision, sentence, or v 11 0 clause or phrase in this Resolution or any part thereof is for any reason held to be LO 12 a. unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision o 13 M 0 14 shall not affect the validity or effectiveness of the remaining portions of this Resolution or any m 15 part thereof. The Mayor and Common Council hereby declares that it would have adopted N 0 16 each section irrespective of the fact that any one or more subsections, subdivisions, sentences, a 17 � clauses, or phrases be declared unconstitutional, invalid, or ineffective. o 18 LO 19 CL 20 21 0 22 0 23 24 N 25 E s 26 a 27 28 U RS 21 a Packet Pg. 342 6.0 d ' 0 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN U° 1 BERNARDINO, CALIFORNIA ADOPTING A MITIGATED NEGATIVE DECLARATION L AND APPROVING SUBDIVISION 15-03 (TENTATIVE PARCEL MAP 19654), 2 DEVELOPMENT PERMIT TYPE-P 15-02 AND CONDITIONAL USE PERMIT 15-13 TO N 3 ALLOW THE DEVELOPMENT, ESTABLISHMENT AND OPERATION OF A o COMMERCIAL BUILDING CONTAINING APPROXIMATELY 3,000 SQUARE FEET M 4 WITH A DRIVE-THRU ON A PARCEL CONTAINING APPROXIMATELY 1.14 ACRES LOCATED ON THE NORTHEAST CORNER OF UNIVERSITY PARKWAY AND STATE 0 r 5 STREET (APN: 0266-101-29) WITHIN THE PROPOSED COMMERCIAL GENERAL (CG-1) CD ZONE. 0. 6 2 7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor ' as 0 8 and Common Council of the City of San Bernardino at a regular meeting thereof, held on the w M 9 day of , 2016, by the following vote to wit: , a 10 Council Members: AYES NAYS ABSTAIN ABSENT 014 11 0 12 MARQUEZ a. 0 13 BARRIOS M 0 14 VALDIVIA 15 �' SHORETT o LO 16 NICKEL a U 17 18 RICHARD 9 19 MULV IHILL a. 20 M 21 Georgeann Hanna, City Clerk 0 22 The foregoing Resolution is hereby approved this day of 92016. 0 23 N 24 R. CAREY DAVIS, Mayor 25 Approved as to form: City of San Bernardino = 26 Gary D. Saenz, City Attorney a 27 E 28 By: 22 Q Packet Pg.4LIJ 6.C.e Z p o 0 < © a z m E O. O d U Z > Z 0 to ❑ 0 •��' v ;> O zz � .. M 0 V t, LO V D a. V- = a. O D .. U V a 06 zzz � = o DOOa a 0 Z � U a O� ay C b O a Z l c. co C Za�i LO C� r Co � mo ❑ 0 _• c La to aS =p Nq N W - C z I 0 Q Qom 0 � :� U Z = U w :; O , O b '?' p c G Q O a`. F w ° a. O E z u: R - M a o Q > U > � ° .. K •C7 y b0 M U 7•� w } .a O p 'C O L� i�, a } 3 O H _ Q: •� Ct H Q W tv'C �, O ^O •+ O ,� .y^. p vi 0 O w O y E r1 ,L (�} ." QI 4. i p � p � � V v O ..0�.. rS � •> � su. .. � N o4 c o Ln O w 'r ? O y w J G -0 1 d Ln ,� o Y c oa V } cxi a, G. Q C7 Q y s� G ° ° ° .. -. V a N ter 0 N V 0 _ z 7 'u O Q > i. u - n U 'v '� T C w0 V _ u x. II.. y R y � vk o a Ln " vuy y 'u' ,G G V v L"�, G •C O p. S] A u V V L. � 7 t71 �'" � .yu N 'S.. � 'z: V V :+ � O v, •, x, �.. 'b +r < ro 't y. O ^t1 .1�. C 1 C G O O O S +� Q M a Packet Pg. 344 6.C.e O Q � V CL cMa w .4 U a� E CL 0 U m r � m 0 'r � O � CJ ? Z "j M = a 0 D U m otS 0 2 O c O �`, O LO � > Oj a 0, C)W cl (- Z o Z d m.r y. ~ � M 0 = = z a Cl) a. LO E o .� v z0 Z � m o � V a Z cn w 0 ° O ?, Z LO zU O Q 0 CL < 0 Z a=i F- 0 E zw, CL U Q O O 1- CD r-4 �' Q B = x cb •Qf ^:p v+ u7 � L TJ 'LI ;+Y Ry .'. if9 G � W •� r Ln eJa u S O to o c ¢ a to •c n .'�. i m O O W a ? CJ �, o rs C rs us Y d tj ti I to •� 4 ^'.� N b .4 .r C to v Q. Sr O n7 n U X _ E O H L7 t3 0 v w u 7 t G v, sa Q cd v F` o C 3 0 r Q Packet Pg.345 6.C.e V w 0 Z M M o0 d ri fl �` O Z u C O E O_ O W G) 0 -1UH � ,o U Q "� a a o D U J 06 Z `7 `1 u � ZZa c o � ~ O (.J �j •� oo a. c 0 � O � ^p 4 D a z co o O z � r 00 D O _ M g �€ N W O Z LO {� Q Qusm O f U z • v� C w U r 0 O V O i+ � �•- G1 ` e- z � U o 3 � O a. �: L zd O E L F- O u Q O Q o (7 � J .^/r sue.; w F• '-' Q C K n � r, G a p C ^j'II C ' , r 11 CJ -IU .� QK C ' TS bb (W,) 'o y '� �" p w M O � m aU, M u U rii N fl G r ri v .s] v rJ w G O ' o o R c, p z a E Ci rj m ua o �— _ H O t�'J 4i w �i .`r .�.. y C,Q O u �.. ... rp^3 G L > •^f.. i4 vo - ft 4 b ,C 4r > vp p Q p n C p O C E a � sr �: 'C .� � Q � � U r rs a i:, `�• yr n, O p � O c �s c c v rr "' � Packet Pg.346 a Q EO o a M 00 Z - o u = m E a 0 CD u Z ru"t", o Z0j ' b L z � U Z u ' OU c C- p mr D '«+ I U L u a ° Chd Z Z z Z) o � o O � Owi � LO > _ � u {U _ °�° CL O = p ` i`n o O rs d CL cl� O LO Z7 r f^ <0 - m D to tC O a N O Ln Q m W V R o u o O u a d � Z Oa` � 0. '2 u Z d F n a ° cc O E CL z :2 rs M _ _ 0 w rs 4 � G• ,�i �w {i C+ to » Vl C �S :A fi L '!t ..Ur.� �,�° {..� .'J. W Cr O o v c y C c3 n Rs ez tj w ' .0 t Q •CS i li to CM t3 fL u � 0 Q `'r i. ��. �LZ.+ n G +- O Q C. A, G t 11.8i rs C .� 4 aq m Um i E .7. ,D rz ri u '� *3 u (� ti r Packet Pg.,347 7 Q Q c O' raj a w X O p ° U = m E a 0 w m 1z0 o YW L o � � � z z M Q r = a o M «. U cc ad v Z Z z 0 N d E-' :: r -• O U a O m zO W d irs o 0. Z 1 Z aa) }, m (L rL CA N W >, is © cMA a a a � z Ln •- 4) z 0 a U Z 2 4)i z 'o o a o a ua CL H � C7 OE uj Q W M _° © 0 (D w � c .w K a a v s: x o r a Efi .. �ai a r r3 C3, to _ Z CL w N 2 O v O v o 3 C CL v O 7, S o t yy V cr = ® U sz. . v v v u C1 a. D ¢ V E Zo a. V Q Packet Pg.348 ca Z � E °o p a O P CL ZOpc3 o a� E 0- 0 y Z Q p H o z M o a o U z z Z a o CN r-� o O O Ow F' OUx n LO Oo Dd `ts 0 Z 0 .0 u7 2 d F= v m = Z co O co W ` a m o Z 'n Qom O U m Z ° N 0 O c � o `° Z ° O 0a. Z E L:j U o c K a -E r; a u ° a C v v E Ll x. a a m IA 4 a L3 U TS ° W p a u v (n v t v a 5 = - c 3 7, , r wy, c v $ c o v ci °° - ma 3 a 6 c O N C pp� CJ C "'� � � its � v � � � v u R 4 H *�� �: G G � ... � � � •C O -� '� 01 Z M a CL v L3 C an Cps. .r '� �r�j 0 ° V C7 a c _v 'o v v '� o ° Q a ° i u ° a ro a v v ° u s. V M h v t. sx CJ 6 v v C ^- t° N C1 s. w v v E V Y Q Packet Pg. 349 6.C.e w 0 0 0 ~ a. ri Z w 00 Z U .' m E a 0 u -- > p E- Z -� ? i C U F .O z Z M 0 f C a o D «. U z 06 cc zz :D o � o oN - w LO H a. o � oQQV) o a. Z o Z d m O a 2 a CO W a. CAA N A m o t!) C E z LO o .'. a� zp Qom O e Q UGC L U O Z w O C p -W z ui z c� a a za0i ZQ 0 CL U M 40 0 v > .� Q r° O � w G k rn = 'rs c+ n L c3 E � !A rz r.n G 4 v av w CL Id r^ L L y G Y a w V] y ; •V a a O t5n d U O a Packet Pg. 350 6.C.f� EXHIBIT B CONDITIONS OF APPROVAL °o SUBDIVISION 15-03(TENTATIVE PARCEL MAP 19654)9DEVELOPMENT ° PERMIT TYPE-P 15-02 AND CONDITIONAL USE PERMIT 15-13 w 0 c m 1. This approval is to allow the subdivision of an existing parcel containing approximately c. 10.94 acres into two (2) separate parcels. Proposed Parcel 1 containing approximately 2 9.80 acres will accommodate the existing multi-family residential development, which o shall remain within the Residential Medium (RM) zone. Proposed Parcel 2 containing o approximately 1.14 acres will accommodate the proposed commercial development, M 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 a Residential Medium (RM) to Commercial General (CG-1); and, 3) the development, D establishment and operation of a commercial building containing approximately 3,000 ca square feet with a drive-thru on proposed Parcel 2. The project site is located on the o northeast corner of University Parkway and State Street. The project site is located on the a northeast corner of University Parkway and State Street, within the existing Residential a. Medium (RM) zone. M O 2. The project site shall be developed and maintained in accordance with the plans stamped m March 7, 2016 (EXHIBIT "A"), approved by the City, which includes a site plan, on file co in the Planning Division; the Conditions of Approval contained herein; and, the City's c Municipal Code regulations. Lh a 3. The project shall be subject to all of the mitigation measures contained in the Mitigation o Monitoring and Reporting Program, dated March 7, 2016, and incorporated herein by o reference as Conditions of Approval. LO a a 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 permit/approval shall become null and void. However, approval of the m Development Permit does not authorize commencement of construction. All necessary permits must be obtained prior to commencement of specified construction activities x included in the Conditions of Approval. W 0 EXPIRATION DATE: March 7,2018 0 0) 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 N 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 E time of the requested extension. r Q u E r 1 a Packet Pg. 351 6.C.f 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 o matter. Once notified, the applicant agrees to defend, indemnify and hold harmless the City of San Bernardino (City), any departments, agencies, divisions, boards or o commission of the City as well as predecessors, successors, assigns, agents, directors, o 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 a further agrees to reimburse the City for any costs and attorneys' fees which the City may 2 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 LO issuing this Development Permit, this condition shall remain in effect if the Development a Permit is rescinded or revoked,whether or not at the request of applicant. U Planning Division o 7. The applicant shall post a bond in an amount equivalent to the cost of landscaping, o 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 m the Final Certificate of Occupancy and only after such time as the survival of the y landscaping has been verified by City staff. N 0 8. If the colors of the buildings or other exterior finish materials are to be modified beyond a the current proposal and improvement requirements, the revised color scheme and/or o finish materials shall be reviewed and approved by the Planning Division prior to 0 commencement of work. LO CL Q 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. m Land Development Division r s 10. Drainage and Flood Control w c a. The development is located within Zone X on the Federal Insurance Rate Maps 2 number 06071 C7940H dated 08/28/08. Area determined to be outside the 0.2% o 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. E 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 a with City Standard No. 400. Conveyance of site drainage over the Driveway approaches will not be permitted. E a 2 a Packet Pg. 352 4r 6.C.f d. The applicant is required to submit both a final Full-Categorical Water Quality Management Plan (WQMP) and Storm Water Pollution Prevention Plan o (SWPPP). The applicant is directed to the County of San Bernardino Flood o 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 o 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. a 0 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 a and wind, including blowing dust, during all phases of construction, including o graded areas which are not proposed to be immediately built upon. M r r 11. Grading and Landscaping a D v a. The On-site improvement and Grading Plan shall be signed by a Registered Civil 06 N 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 a Procedures" and the City's "Standard Drawings" and shall conform to all o requirements of Section 15.04-167 of the Municipal Code. o b. If more than 5 trees are to be removed from the site, a tree removal permit LO co 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. LO c. If more than 50 cubic yards of earth is to be hauled on City Streets then a special a hauling permit shall be obtained from the City Engineer. Additional conditions, o such as truck route approval, traffic controls, bonding, covering of loads, street o cleaning,etc. may be required by the City Engineer. LO a 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 M 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 m 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 w 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 o on the appropriate plan and all fences shall be of non-combustible material. Structural calculations shall be provided for City review. ' N 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 s lanes. g. The on-site improvement plan shall include details of on-site lighting, including Q ® light location; light location, type of poles and fixtures, foundation design and the following shall apply; U i� 3 a Packet Pg. 353 6.C.f • Photometric plot shall be provided which show that the proposed on-site lighting design will provide: g • 1 foot-candle of illumination uniformly distributed over the surface of the parking lot during hours of operation, and c 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 a accessibility, including retrofitting of existing building access points for —0 accessibility. o i. An accessible path of travel shall be provided from the public way to the building w 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 a shall be delineated by textured/colored concrete pavement prior to Occupancy. U 06 j. A reciprocal easement shall be recorded prior to grading plan approval if N reciprocal drainage, access, sewer, and/or parking are proposed to cross lot lines. r a. k. The project Landscape Plan shall be reviewed and approved by the Building a. Official prior to issuance of a grading permit. Submit 5 copies to the Land o Development Division for Checking. ' r 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. N O 12. Landscape Maintenance District a U a. The property is located within Landscape Maintenance District (LLMD) 952 Zone 1 for this project. All landscape modifications shall be submitted to Real Properties for plan review and approval. a a 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. m r c. Separate sets of Landscape Plans shall be provided for the Landscape a Maintenance District for approval. w ■ d. The landscaping and irrigation system shall be installed in the Landscape c Maintenance District and accepted by the City Engineer prior to application for occupancy of any structure. y a o: 13. Utilities ' N r C a. This project is located in the sewer service area maintained by the City of San E 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 a therefore no structure(s) or portion there of shall be built upon the sewer ■ easement. 4 a Packet Pg. 354 6.C.f b. Utility services shall be placed underground and easements provided as required. All existing Easements and required setbacks shall be shown on all plans. o c. A street cut permit, from the City Engineer, will be required for utility cuts into M existing streets. o c 14. Mapping E CL 0 a. A Parcel Map based upon field survey will be required. a� 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 12 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 a (909) 384-5026. D 06 15. Improvement Completion o a. If the construction/installation of required improvements, including landscaping a and irrigation within the Landscape Maintenance District, are not completed prior ° to Map recordation, an improvement security accompanied by an agreement 9 executed by the developer and the City will be required. CO D 16. Street Improvement and Dedications N 0 a. For the streets listed below, dedication of adequate street right-of-way (R.W.) to a provide the distance from street centerline to property line and placement of the o curb line (C.L.) in relation to the street centerline shall be as follows: o Street Name Riaht of Wav(%) Curb Linefft) Q University Parkway Existing Existing �o State Street Existing Existing m b. If the existing sidewalk and/or curb & gutter adjacent to the site are in poor s condition, the sidewalk and/or curb & gutter shall be removed and reconstructed x 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 0 curb), unless otherwise approved by the City Engineer. 0 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. a� d. Construct Driveway Approaches per City Standard No. 204, Type II, including an E accessible by-pass around the top of the drive approach. Remove existing R driveway approaches that are not part of the approved plan and replace with full a height curb& gutter and sidewalk. E 5 a Packet Pg. 355 6.C.f 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 o approved by the City Engineer. ° M tC 4- 17. Required Engineering-Plans_ 0 41 C 0 a. A complete submittal for plan checking shall consist of E 0 sewer plans (Private sewers may be shown on on-site improvement plan; public sewers must be on a separate plan with profile), o 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), a. ■ on-site improvement and landscaping and irrigation, 0 ■ landscaping and irrigation in the Landscape Maintenance District, and LO ■ other plans as required. Piecemeal submittal of various types of plans for the a. same project will not be allowed. o ■ All required supporting calculations, studies and reports must be included in 9 the initial submittal (including but not limited to drainage studies, soils m reports, structural calculations) M co N 18. Required Engineering Permits LO a a. Grading permit. o b. On-site improvements construction permit (except buildings - see Development o Services-Building Division), including landscaping. Q c. Off-site improvement construction permit. 19. Applicable Engineering Fees M a. All plan check, permit, inspection, and impact fees are outlined on the Public m 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 w 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 2 for plan checking. o 20. Traffic Requirements N a. Update the Traffic Impact Study to reflect the current conditions. Standard Requirements Q 21. The project landscape plans shall be prepared in accordance with Development Code Section 19.28.120, Water Efficient Landscaping Standards. E 6 Q Packet Pg. 356 .rr 6.C.f 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 o 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 o Division, Fire Department, Police Department, Municipal Water Department, Public Services Department and the City Clerk's Office/Business Registration Division. E 0 a) 24.This approval shall comply with the requirements of other outside agencies (i.e., San a Bernardino County Health Department, Division of Environmental Health Services, and ° California Board of Equalization), as applicable. ° M r 25. The facility operator and property owner shall be responsible for regular maintenance of a the project site. The site shall be maintained in a clean condition and free of litter and any M other undesirable material(s). Vandalism, graffiti, trash and other debris shall be removed 06 and cleaned up within 24 hours of being reported. o LO 26. Signs are not approved as part of this permit. Prior to establishing any new signs or a. 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 o prohibited. Banners, flags, pennant, and similar signs are prohibited unless a Temporary m Sign Permit is obtained. N 27. All exterior lighting shall be energy efficient with the option to lower or reduce usage (91k when the facility is closed. Q U O 28. Submittal requirements for permit applications (site improvements, landscaping, etc.) to 0 Building Plan Check and/or Land Development must include all Conditions of Approval issued with this approval,printed on the plan sheets. a c� 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, 00 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 w 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 o a 31. This permit or approval is also subject to the conditions or standard requirements of the following City Departments or Divisions: E a. Fire Department U b. Water Department a a� 7 a Packet Pg. 357 6.C.f 0 0 0 M a-. O C O E O. O d L EXHIBIT "A" M r APPROVED PLANS a M U 06 N O 6A a a 0 r> 0 to CD N O W r Q U D 0 Ln Q a CD to M d' m r_+ K W C 7 O N d w N C d E U Q C d V ca r 8 Q Packet Pg. 358 6.G.f o m ii J'`qt ui N ¢ l— Q z o-0 si ti O 1 °Ni § m Nl�t Q C;LLJ ® OHO Q r Q- Wc� riEi M w,- 'a L 1 a. ! FF a+ L6 w► i s C J wj U " =1 . J Q N � ' g69 � 60 N G� > K UUQ O i �Od O tv �Q ~W O C7Nm w amc� O a� z C! ° L Z z ;U! Z <p = 0 IDZ� Y � =S z 0. F pzty u= z -2 M Oa t°vzu (1)CVS N N d to U � H1tlON ' f ' 06 --� Z N Q a LU Q �s z ° o � < z o V5 U LL �''• V m o * � 'r•'• ,- -j Q (1 W m :�:::' c + a ® ' x : J. 1:ar .t. --v' o u - j ui c x 2¢Q n4 UU mnm3 � ' "• m4Hzat V Packet Pg. 359 C S {I HiNON � •' I� '� Q }gi O _o ff v- d PnQ. a. O ----- _-------- p M t U W 06 N Z tI W CL CL LO 11J Q M t C " m t < I no ° CO) -' — dZ Cq 00 ado In a v t ❑ � Qw y/�/ \ d m Q � d a a > ca < D Z ❑ � m W Z 52 O 0 N a� L _ J N �t S cw ry--E N N �I WKQ4 OD ="a z a<�C u e . Ir NUr �W JF Pr w- zmo xx c6O� QZE +° C V G> J dPk —cc 5yw{j p'�a� CCQ{OA2Cti v OS Packet Pg. 360 6.C.f, z�j Cl a m QW �s Z CL J W co {ia tv d Zt CL F a ' s LO a.D 1ppii 06 3E! z W . `�. Z a � cr: o M W W uj < co C) (j) �y U_-- Q °z_ o �s ��b Cc 4 �s z o T 0 < Q a w a. r J W > to dz 4 Cc ma 13 e • ¢ �"' w a � _ d h�l E cc awo®e_F. u i+ Q VON Packet Pg.361 C 0 M.} M O > CL j�a C 5 L C a z O M r' r a > U �� tii�lh 4 fa y O co w (�� a W o L to 0 < N Q < Z 9 © Ln Q V cc cr z t � r �" < a- m tt) Z Q IG Q a > D W z El w cr m Y N On t N cu w 'gip{. to Z .� Qlf. nX4R (� LPg. 362 T 6.C.f *�kt MI R '� S p o jt Lo Q M CD G m _C d M CL CD L C -- w a O a i w Lnu Na m � 0 U) Z o pi LO IT Q a U Q W D. CO 0 Ln a. T a. � � T D v W Z B u a 0 t � � i i t N t ++ Y,QY f 4; d Cr A .. 43� rtwa rt+ �r �t r *eat ° at t34 �adi t n r et W 1f u w+ y Packet Pg. 363 NOIIOnmisNOO 2104 ION V99% `ON ddW 133kVd 33ALLN�ryN y �� � ��1��3 6.C.f NW p,. .� .t..... ..wr ir. L33t11.$31tltS 4 AYMWYd All5BAM d0 ON = LIS. .� X O l+ea.r X 7 y., o IfiO :r p 1 i + 0 1 CL Ln i CD Pill UJI i a � 'jt111 a Z fl! -� k fix_. � t ` 0 J CL Q ot� J ` �` r Q V T � ilk J u1 O " l _ m W za ? LU a cr. lip LO a. cc Nw Z� LL A F— Vr4 dt? "i 0. Al 1' r X �� j 1 ✓ ll ; + m w iLN• pit 1 \� � � 1 r. ,Till Yy � � a T 1^ RESOLUTION NO.2016-006-PC c A RESOLUTION OF THE PLANNING COIVIlVIISSION OF THE CITY OF SAN � BERNARDINO, CALIFORNIA RECOMMENDING TO THE MAYOR AND a COMMON COUNCIL THE ADOPTION A MITIGATED NEGATIVE DECLARATION AND APPROVAL OF GENERAL PLAN AMENDMENT 15-01, ,s DEVELOPMENT CODE AMENDMENT 15-03,SUBDIVISION 15-03 (TENTATIVE N PARCEL MAP 19654)9 DEVELOPMENT PERMIT TYPE-P 15-12 AND r CONDITIONAL USE PERMIT 15-13 TO ALLOW THE DEVELOPMENT OF A a COMMERCIAL BUILDING CONTAINING APPROXIMATELY 39000 SQUARE o FEET ON A PARCEL CONTAINING APPROXIMATELY 1.14 ACRES LOCATED q ON THE NORTHEAST CORNER OF UNIVERSITY PARKWAY AND STATE r STREET (APN: 0266-10129) WITHIN THE PROPOSED COMMERCIAL D GENERAL(CG-1)ZONE. N O WHEREAS, on July 1, 2015, pursuant to the requirements of Chapter 19.50 (General Plan Amendments), Chapter 19.42 (Development Code Amendments), §19.44.020 (Development Permit Applications), §19.06.030(2)(1-1) (Drive-Thru Restaurants) and §19.66.020 ° (Subdivision Map Applications) of the City of San Bernardino Development Code, an o application for General Plan Amendment 15-01, Development Code Amendment 15-03, a Subdivision 15-03 (Tentative Parcel Map 19654), Development Permit Type-P 15-02 and Conditional Use Permit 15-13 was duly submitted by: Property Owner. Ridgeline Apartments,LLC 240 Newport Center Drive,Suite 200 a Newport Beach,CA 92660 0 O Project Applicant: Bickel Group Architecture 3600 Birch Street N Newport Beach,CA 92504 0 Parcel Address: Northeast Corner of University Parkway.and State Street APN: 0266-101-29 Lot Area: 10.94 acres o WHEREAS,General Plan Amendment 15-01 and Development Code Amendment 15-03 E is a request to allow the change of the General Plan land use designation and Zoning c classification for proposed Parcel 2 (1.14 acres) from Residential Medium (RNI) to Commercial ) General(CO-1);and = WIIEREAS, Subdivision 15-03 is a request to subdivision of an existing parcel n. containing approximately 10.94 acres into two(2)separate parcels. Proposed Parcel 1 containing M approximately 9.80 acres will remain to accommodate the existing multi-family residential development,which shall remain within the Residential Medium a"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;and a r a� Q Packet Pg. 365 -. 6.C.g WHEREAS, Development Permit Type-P 15-02 and Conditional Use Permit 15-13 is a c request to allow the development, establishment and operation of a commercial building M containing approximately 3,000 square feet with a drive-thru on proposed Parcel 2;and a WHEREAS, the Planning Division of the Community Development Department has reviewed General Plan Amendment 15-01, Development Code Amendment 15-03, Subdivision Oa 15-03 (Tentative Parcel Map 19654), Development Permit Type-P 15-02 and Conditional Use Permit 15-13 for consistency with the City of San Bernardino General Plan and compliance with the City of San Bernardino Development Code;and a 0 WHEREAS, pursuant to requirements of §15063 of the California Environmental o Quality Act, the Planning Division of the Community Development Department accepted the m Initial Study/Mitigated Negative Declaration submitted by the applicant for General Plan D Amendment 15-01, Development Code Amendment 15-03, Subdivision 15-03 (Tentative Parcel Map 19654),Development Permit Type-P 15-02 and Conditional Use Permit 15-13;and o to T WHEREAS, on January 14, 2016, pursuant to the requirements of §19.36.040, o §19.42.020, §19.44.030 and §19.66.150 of the City of San Bernardino Development Code, the Development and Environmental Review Committee reviewed the application and moved the 9 Mitigated Negative Declaration, General Plan Amendment 15-01, Development Code a Amendment 15-03, Subdivision 15-03 (Tentative Parcel Map 19654), Development Permit IL Type-P 15-02 and Conditional Use Permit 15-13 to the Planning Commission for consideration; o and M WHEREAS, on January 9,2016,pursuant to the requirements §19.52.020 of the City of a San Bernardino Development Code, the City gave public notice by advertising in the San o Bernardino Sun, a newspaper of general circulation within the City of San Bernardino, and by o mailing notices to the property owners within 500 feet of the subject property of the holding of a o public hearing at which the Mitigated Negative Declaration, General PIan Amendment 15-01, N Development Code Amendment 15-03, Subdivision 15-03 (Tentative Parcel Map 19654), o Development Permit Type-P 15-02 and Conditional Use Permit 15-13 would be considered;and = 0 m WHEREAS,on January 20,2016,pursuant to the requirements of§19.52.040 of the City of San Bernardino Development Code, the Planning Commission held the duly noticed public o hearing at which interested persons had an opportunity to testify in support of, or opposition to n the Mitigated Negative Declaration, General Plan Amendment 15-01, Development Code E Amendment 15-03, Subdivision 15-03 (Tentative Parcel Map 19654), Development Permit 0 Type-P 15-02 and Conditional Use Permit 15-13, and at which meeting the Planning c, Commission considered the Mitigated Negative Declaration, General Plan Amendment 15-01, Development Code Amendment 15-03, Subdivision 15-03 (Tentative Parcel Map 19654), Development Permit Type-P 15-02 and Conditional Use Permit 15-13;and °- WHEREAS, pursuant to the requirements of Chapters 19.36, 19.42, 19.44 and 19.66 of the City of San Bernardino Development Code, the Planning Commission has the authority to E take action on the Mitigated Negative Declaration, General Plan Amendment 15-01, Development Code Amendment 15-03, Subdivision 15-03 (Tentative Parcel Map 19654), a Development Permit Type-P 15-02 and Conditional Use Permit 15-13. a U 2 Q Packet Pg. 366 NOW THEREFORE, the Planning Commission of the City of San Bernardino does o hereby resolve,determine,find,and order as follows: M Lh SECTION 1. ENVIRONMENTAL DETERMINATION: 0. U In accordance with §15063 of the California Environmental Quality Act (CEQA),the applicant 06 submitted and the Planning Division of the City of San Bernardino accepted an Initial Study/ o Mitigated Negative Declaration prepared in connection with General Plan Amendment 15-01, a Development Code Amendment 15-03, Subdivision 15-03 (Tentative Parcel Map 19654), o Development Permit Type-P 15-02 and Conditional Use Permit 15-13 for: 1)the subdivision of an existing parcel containing approximately 10.94 acres into two (2) separate parcels. Proposed q LO 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 N commercial development, which is being proposed as Commercial General (CG-1) zone; 2) the 9 change of the General Plan-land use designation and Zoning classification for proposed Parcel 2 a from Residential Medium (R N0 to Commercial General (CG-1); and, 3) the development, o establishment and operation of a commercial building containing approximately 3,000 square feet with a drive-thru on proposed Parcel 2.Accordingly, pursuant to §15072 of CEQA,a Notice LO of Intent to Adopt a Mitigated Negative Declaration for General Plan Amendment 15-01, a Development Code Amendment 15-03, Subdivision 15-03 (Tentative Parcel Map 19654), a. Development Permit Type-P 15-02 and Conditional Use Permit 15-13 was posted on December 9, 2015 for the CEQA-mandated thirty (30) day public review and continent period. In M accordance with §15074 of CEQA, on January 20,2016,during a duly advertised public hearing, the Planning Commission adopted the Mitigated Negative Declaration including a Mitigation a Monitoring and Reporting Program for the recommendation of approval to the Mayor and o Common Council of General Plan Amendment 15-01, Development Code Amendment 15-03, Subdivision 15-03 (Tentative Parcel Map 19654), Development Permit Type-P 15-02 and o Conditional Use Permit 15-13. _ 0 SECTION 2. FINDINGS FOR GENERAL PLAN AMENDMENT 15-01: o U) Section 19.50.050 of the City of San Bernardino Development Code requires that Development Permit applications meet certain findings prior to the approval by the Mayor and Common o Council. Accordingly,the following findings are provided in support of the recommendation by n the Planning Commission for the approval of General Plan Amendment 15-01: E E 0 Finding No. 1: The proposed amendment is internally consistent with the General Plan. G Finding of Fact: The proposed amendment will result in removing the existing Residential Medium (RM) land use designations from the subject 1.14 acre portion of the existing site, resulting in approximately 9.80 acres remaining with a M Residential Medium (RM) land use designation and approximately 1.14 acres with a new Commercial General(CG)land use designation.The new = Commercial General (CG) land use designation will provide for the accommodation of the development, establishment and operation of a Q commercial building containing approximately 3,000 square feet with a drive-thru with the on-site and off-site improvements consistent with the City's Development Code. 3 r a Packet Pg. 367 Policy 2.5.6, which requires that new development be designed to c complement and not devalue the physical characteristics of the 0 M surrounding environment, including consideration of the site's natural Lh topography and vegetation,surrounding exemplary architectural style with a tower elements along with complimentary earth-toned colors.Policy 5.7.6, :3 encourages architectural detailing, which includes richly articulated surfaces rather than plain or blank walls. o tn Finding No.2: The proposed amendment would not be detrimental to the public interest, a health,safety,convenience,or welfare of the City. ° M 0 In Finding of Fact: The proposed amendment will not be detrimental to the public interest, health,safety,convenience,or welfare of the City in that amendment from CO Residential Medium (RM) to Commercial General (CG) for the proposed Cn 1.14 area portion of the subject site will facilitate the development, o establishment and operation of a commercial building containing a approximately 3,000 square feet with a drive-thru with the on-site and off- o site improvements consistent with the City's Development Code. The project site has direct access from both University Parkway and State LO Street, will be fully served by utility providers, will be construction in a accordance with all applicable codes and regulations, and will not result in the need for the excessive provision of services. M Finding No.3 The proposed amendment would maintain the appropriate balance of land uses within the City. a. Finding of Fact: The proposed amendment from Residential Medium (RM)to Commercial o General (CG) for portion of the subject 10.94-acre site will affect only o 1.14 acres of land that are currently under-utilized. The proposed N amendment maintains an appropriate balance of land uses by providing for o the re-use of an existing property. Thus, the proposed amendment will not change the balance of land uses in the City. o! Finding No.4 The subject parcels are physically suitable (including but not limited to, c access, provision of utilities, compatibility with adjoining land uses, and n adjoining land uses,and absence of physical constraints) for the requested E land use designation and the anticipated land use development v Finding of Fact: The overall 10-94-acre site is currently developed with a 160-unit apartment complex, which occupies 9.80 acres, and the 1.14-acre portion of the site,which is currently under-utilized community open space for the a existing apartment complex, will provide for the accommodation of the M development, establishment and operation of a commercial building containing approximately 3,000 square feet with a drive-thru with the on- E site and off-site improvements consistent with the City's Development � Code, and there are no physical constraints on the site, such as steep a slopes or watercourses. 4 r a Packet Pg. 368 6.C.g SECTION 3. FINDINGS FOR DEVELOPMENT CODE AMENDMENT 15-03: o w M Section 19.42.050 of the City of San Bernardino Development Code requires that Development V_ Permit applications meet certain findings prior to the approval by the Mayor and Common a Council. Accordingly,the following findings are provided in support of the recommendation by the Planning Commission for the approval of Development Code Amendment 15-03: 06 N O Finding No. 1: The proposed amendment is consistent with the General Plan. Lo a a Finding of Fact: The proposed amendment will result in removing the existing Residential Medium(RM)land use designations from the subject 1.14 acre portion of o the existing site, resulting in approximately 9.80 acres remaining with a co Residential Medium (RM) land use designation and approximately 1.14 acres with a new Commercial General(CG)land use designation.The new Commercial General (CG) land use designation will provide for the o accommodation of the development, establishment and operation of a a commercial building containing approximately 3,000 square feet with a o drive-thru with the on-site and off-site improvements consistent with the T City's Development Code. LO T Finding No. 1: The proposed amendment would not be detrimental to the public interest, a. health,safety,convenience,or welfare of the City. T Finding of Fact: The proposed amendment will not be detrimental to the public interest, health,safety,convenience,or welfare of the City in that amendment from a Residential Medium (RM) to Commercial General (CG) for the proposed o 1.14 area portion of the subject site will facilitate the development, q establishment and operation of a commercial building containing to approximately 3,000 square feet with a drive-thru with the on-site and off- N site improvements consistent with the City's Development Code. The o project site has direct access from both University Parkway and State = Street, will be fully served by utility providers, will be construction in accordance with all applicable codes and regulations,and will not result in X the need for the excessive provision of services. o .N SECTION 4. FINDINGS FOR DEVELOPMENT PERMIT TYPE-P 15-02, CODE E AMENDMENT 1543: 0 Section 19.42.050 of the City of San Bernardino Development Code requires that Development Permit applications meet certain findings prior to the approval by the Mayor and Common Council. Accordingly, the following findings are provided in support of the recommendation by the Planning Commission for the approval of Development Code Amendment 15-03: M C 0) Finding No. 1: The proposed development is permitted within the subject zoning district E and complies with all applicable provisions of the Development Code, including prescribed site development standards and applicable design a guidelines. 0 a� 5 a Packet Pg. 369 6.C.g Finding of Fact: The proposed development, establishment and operation of a commercial `o building containing approximately 3,000 square feet with a drive-thru with M the on-site and off-site improvements consistent with the City's Development Code are permitted land uses within the proposed t- Commercial General (CG-1) zone, subject to the approval of a General v Plan Amendment, Development Code Amendment, Conditional Use ,e Permit and Development Permit Type-P with the appropriate Conditions o of Approval and CEQA determination. The proposal under Development LO Permit Type-P 15-02 will be developed in compliance with all of the a. applicable provisions of the City of San Bernardino Development Code, a including development standards and applicable design guidelines. o Therefore,the proposal would not impair the integrity and character of the subject land use district. m Cn Finding No.2: The proposed use is consistent with the General Plan. q LO Finding of Fact: General Plan Housing Goal 3.1 states: "Facilitate the development of a o variety of types of housing to meet the needs of all income levels in the _ City of San Bernardino." q The proposed development, establishment and operation of a commercial a. building containing approximately 3,000 square feet with a drive-thru with .. the on-site and off-site improvements consistent with the City's M Development Code are permitted land uses within the proposed d; Commercial General (CG-1) zone, subject to the approval of a General a Plan Amendment, Development Code Amendment, Conditional Use to Permit and Development Permit Type-P with the appropriate Conditions o of Approval and CEQA determination, and the proposed Commercial General (CG-1) is consistent with the proposed Commercial General land N use designation set forth by the General Plan Land Use Map. o Finding No.3 The proposed development is harmonious and compatible with existing and future developments within the land use district and general area, as well as the land uses presently on the subject property. o .N N Finding of Fact: The proposed development, establishment and operation of a commercial E building containing approximately 3,000 square feet with a drive-thru with 0 the on-site and off-site improvements will be harmonious and compatible e, with existing and future developments within the Commercial and Residential zones and the surrounding area The scale and density of the proposed development is similar to that of the existing commercial a development in the area and it conforms to the development standards of M the Commercial General (CG-1) zone. Since the proposal is consistent with both the General Plan and Development Code, no land use conflict is E expected to result from construction of the proposed project. Y Q .F+ V 6 a Packet Pg. 370 6. Finding No.4 The proposed development is in compliance with the requirements of the o California Environmental Quality Act (CEQA) and §19.20.030 of the M Development Code. a Finding of Fact: In accordance with §15063 of the California Environmental Quality Act (CEQA), an Initial Study/Mitigated Negative Declaration was prepared in connection with General Plan Amendment 15-01, Development Code o Amendment 15-03, Subdivision 15-03 (Tentative Parcel Map 19654), LO Development Permit Type-P 15-02 and Conditional Use Permit 15-13 for nc. the development, establishment and operation of a commercial building a containing approximately 3,000 square feet with a drive-thru with the on- o site and off-site improvements. In accordance with §15097 of CEQA, a m Mitigation Monitoring and Reporting Program has been prepared in order D to ensure that the mitigation measures are implemented to prevent CO potential environmental impacts. q Finding No.5: There will be no potentially significant negative impacts upon o environmental quality and natural resources that could not be properly mitigated and monitored. ° Finding of Fact: In accordance with §15063 of the California Environmental Quality Act (CEQA), an Initial Study/Mitigated Negative Declaration was prepared in connection with General Plan Amendment 15-01, Development Code M Amendment 15-03, Subdivision 15-03 (Tentative Parcel Map 19654), Development Permit Type-P 15-02 and Conditional Use Permit 15-13 for a the development, establishment and operation of a commercial building containing approximately 3,000 square feet with a drive-thru with the on- o site and off-site improvements. In accordance with §15097 of CEQA, a Mitigation Monitoring and Reporting Program has been prepared in order N to ensure that the mitigation measures are implemented to prevent o potential environmental impact. Therefore, the proposed commercial building containing approximately 3,000 square feet with a drive-thru with the on-site and off-site improvements will be completed in a manner so that it is consistent with the surrounding neighborhood,and no significant o negative impacts on the environment are anticipated. E Finding No.6: The subject site is physically suitable for the type and density/intensity of v use being proposed. Finding of Fact: The proposed commercial building containing approximately 3,000 square feet with a drive-that with the on-site and off-site improvements are a permitted within the proposed Commercial General (CG-1) zone, subject M to the approval of a General Plan Amendment, Development Code Amendment, Conditional Use Permit and Development Permit Type-P E with the appropriate Conditions of Approval and CEQA determination. The subject site as a commercial development is sufficient in size to a accommodate the proposal under Development Permit Type-P 15-02 as required by the City of San Bernardino Development Code.Therefore,the subject site is physically suitable for the proposal. 7 Packet Pg. 371 6.C.g Finding No.7 There are adequate provisions for public access, water, sanitation, and M public utilities and services to ensure that the proposed use would not be 6 detrimental to public health and safety. a. M U Finding of Fact: There are adequate provisions for public access,public utilities,and public 06 services for the proposed commercial building containing approximately o 3,000 square feet with adrive-thru with the on-site and off-site LO improvements. The existing site is located adjacent to and already served a. by existing public streets and a full range of public utilities and services. All applicable Codes will apply to the proposed development. Therefore, o subject to the Conditions of Approval, the proposed development under m Development Permit Type-P 15-02 will not be detrimental to public services or public health and safety. vy N O Finding No.8 The location, size, design, and operating characteristics of the proposed use are compatible with the existing and future land uses within the o 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 a adverse to the public interest,health,safety,convenience,or welfare of the a c� City. M Finding of Fact: The proposed development of the commercial building containing approximately 3,000 square feet with a drive-thru with the on-site and off- U site improvements conforms to all applicable development standards and o land use regulations of the proposed Commercial General (CG-1) zone. o Therefore,the design of the project, in conjunction with the recommended 0 Conditions of Approval, will ensure that the proposal will not create N significant noise, traffic, or other conditions or situations that may be c objectionable or detrimental to other permitted uses in the vicinity of the 3 site, nor will it be adverse to the public interest, health, safety, convenience or welfare of the City. The location, size, design and character of the proposed development will enhance the neighborhood to 0 the benefit of the public interest and general welfare of the City. N E SECTION S. FINDINGS FOR CONDITIONAL USE PERMIT 15-13: 0 Section 19.36.050 of the City of San Bernardino Development Code requires that Conditional Use Permit applications meet certain findings prior to the approval by the Planning Commission. Accordingly, the following findings are provided in support of the approval of Conditional Use a. Permit 15-13: c Finding No. 1: The proposed use is conditionally permitted within, and would not impair E the integrity and character of the subject land use district and complies with all of the applicable provisions of the Development Code. a a� U 8 a Packet Pg. 372 6.C.g Finding of Fact: The proposed project is a conditionally permitted use, pursuant to 0 Development Code §19.06.030(3)(C). The,project site will be located M within the Commercial General (CG-1) zone as proposed by General Plan Amendment 15-01 and Development Code Amendment 15-03, and is a substantially surrounded by existing commercial uses. The proposed development will comply with all applicable Development Code 06 standards, such as parking landscaping, building setbacks and height, etc. N Further, the development of the subject property will enhance the appearance of the current under-utilized portion of the property. o Therefore, the project would not impair the integrity and character of the subject land use district or be detrimental to surrounding properties. o G Finding No.2: The proposed use is consistent with the General Plan. Finding of Fact: The proposal is consistent with several General Plan goals and policies. o The Land Use Element (Table LU-2) lists the intended uses for the CG-1 a zone, and permits a variety of retail, service, and related uses. Land Use o Policy 2.2.1 requires compatibility between land uses and quality design. Economic Development Policy 4.1.1 seeks out businesses that create jobs 9 and generate sales tax revenue. The proposed project will expand job a opportunities within the City. Further, the proposed project involves a commercial development with quality design elements that will be compatible with other commercial developments within the surrounding area Therefore the proposed project would be compatible with surrounding land uses and consistent with the General Plan. a to Finding No.3 Approval of the Conditional Use Permit for the proposed use is in q compliance with the requirements of the California Environmental Quality o Act(CEQA)and §19.20.030(6)of the Development Code. N 0 Finding of Fact: In accordance with §15063 of the California Environmental Quality Act o (CEQA), an Initial Study/Mitigated Negative Declaration was prepared in connection with General Plan Amendment 15-01, Development Code Amendment 15-03, Subdivision 15-03 (Tentative Parcel Map 19654), o Development Permit Type-P 15-02 and Conditional Use Permit 15-13 for N the development, establishment and operation of a commercial building E containing approximately 3,000 square feet with a drive-thru with the on- o site and off-site improvements. In accordance with §15097 of CEQA, a Mitigation Monitoring and Reporting Program has been prepared in order to ensure that the mitigation measures are implemented to prevent potential environmental impacts. Approval of the proposed project would a not result in any impacts on the environment. M r d Finding No.4 There will be no potentially significant negative impacts upon E environmental quality and natural resources that could not be properly M mitigated and monitored. a E 9 a Packet Pg. 373 6.C.g Finding of Fact: The project site is an in-fill lot and the surrounding area is urbanized. o Therefore, no significant negative impacts on the environment are M anticipated to result from the proposed wireless facility. LO a Finding No.5: The location, size, design, and operating characteristics of the proposed use are compatible with the existing and future land uses within the ,s general area in which the proposed use is to be located and will not create o significant noise, traffic or other conditions or situations that may be Ln objectionable or detrimental to other permitted uses in the vicinity or a adverse to the public interest,health, safety,convenience,or welfare of the City. o ca r Finding of Fact: The proposed design is in compliance with the Development Code requirements that are applicable to location, height and setbacks for commercial development with drive-thrus. All access to the subject o property will be through points of access from University Parkway and State Street. Therefore, the design of the project will ensure that the o project will not create any significant noise,traffic,or other conditions that would be detrimental or objectionable to other uses in the vicinity or 9 adverse to the public health, safety,convenience,or welfare of the City. a a Finding No.6: The subject site is physically suitable for the type and densityPmtensity of to use being proposed. M Finding of Fact: The site is physically suitable for the type and density/intensity of the a project being proposed as evidenced by project compliance with all to applicable Development Code Standards. The size of the project site is o adequate to accommodate the proposed improvements, in compliance with the requirements of the Development Code. N 0 Finding No.7 There are adequate provisions for public access, water, sanitation, and 3 public utilities and services to ensure that the proposed use would not be detrimental to public health and safety. a: _ 0 Finding of Fact: The site has direct access off of University Parkway and State Street. All agencies responsible for reviewing access and providing water, sanitation E and other public services to the site have had the opportunity to review the 0 proposal, and none indicated inability to serve the project site. Establishment of the proposed project, subject to Conditions of Approval, will not be detrimental to public services or public health and safety. a SECTION 6. FINDINGS FOR SUBDIVISION 13-05 (TENTATIVE PARCEL MAP M 19654): E Section 19.66.150 of the City of San Bernardino Development Code requires that Subdivision applications meet certain findings prior to the approval by the Mayor and Common Council. a Accordingly, the following findings are provided in support of the recommendation by the r Planning Commission for the approval of Subdivision 15-03 (Tentative Parcel Map 19654): 0) 10 a Packet Pg. 374 6.C.g Finding No. 1: The proposed map is consistent with the General Plan. o 4- M Finding of Fact: The proposed Tentative Parcel Map to accommodate the development of the commercial building containing approximately 3,000 square feet with a a drive-thru with the on-site and off-site improvements will provide additional economic development opportunities with the City, the 06 proposed project is permitted within the proposed Commercial General a (CG-1) zone, subject to the approval of a General Plan Amendment, LO Development Code Amendment, Development Permit Type-P and a Conditional Use Permit with the appropriate Conditions of Approval and CEQA determination, and the proposed Commercial General Zone is o consistent with the proposed Commercial General land use designation set rm forth by the General Plan Land Use Map. CO Finding No.2: The design and improvements of the proposed subdivision is consistent o with the General Plan. a U Finding of Fact: General Plan Land Use Goal 2.2 states: Promote development that ° integrates with surrounding land uses." The proposed Tentative Parcel o Map will be consistent with the pattern of development within the existing a surrounding neighborhood. General PIan Land Use policy 2.7.5 states: "Require that developments M conform to the availability of public infrastructure to accommodate its demands and mitigate its impacts." The proposed Tentative Parcel Map a will connect to existing water and sewer services,roads,storm drains, and o private utilities. o �o Finding No.3 The site is physically suitable for the type of development. N 0 Finding of Fact: The proposed project is permitted within the proposed Commercial 2 General (CG-1) zone, subject to the approval of a General Plan N Amendment, Development Code Amendment, Development Permit TI pe- P and Conditional Use Permit with the appropriate Conditions of Approval o and CEQA determination is permitted within the proposed Commercial n General (CG-1) zone. The subject site as a commercial development is E sufficient in size to accommodate the proposal under General Plan 0 Amendment 15-01, Development Code Amendment 15-03, Subdivision 15-03 (Tentative Parcel Map 19654), Development Permit Type-P 15-02 •_ and Conditional Use Pemlit 15-13 as required by the City of San Bernardino Development Code. Therefore, the subject site is physically °- suitable for the proposal. M r c Finding No.4 The site is physically suitable for the proposed density of development. s U Finding of Fact: The development of the commercial building containing approximately a 3,000 square feet with a drive-thru with the on-site and off-site 11u, improvements is permitted within the proposed Commercial General(CG- 1) zone, subject to the approval of a General Plan Amendment, 11 y a Packet Pg. 375 6.0 Development Code Amendment, Development Permit Type-P and o Conditional Use Permit with the appropriate Conditions of Approval and M CEQA determination. The subject site as a commercial development is LO sufficient in size to accommodate the proposal under Development Permit a Type-P 15-02 as required by the City of San Bernardino Development Code.Therefore,the subject site is physically suitable for the proposal. 08 N O Finding No.5: The design of the subdivision and the proposed improvements will not r cause substantial environmental damage or substantially or avoidably a injure fish or wildlife or their habitat. ° M 0 LO Finding of Fact: The design of the subdivision will not have any significant negative impacts to wildlife or their habitat. The project site is an existing developed site and surrounded by urban development. No significant co negative impacts on the environment are anticipated to result from re-use o of the existing site already developed with commercial uses. a U Finding No.6: The design of the subdivision or type of improvements will not cause ° serious public health problems. Finding of Fact: The design of the proposed subdivision meets all of the applicable a. Development Code requirements and will not result in any serious public to health problems. The proposed parcel will have access to existing public streets. Existing utilities and public services are available to serve the project site and ensure the maintenance of public health and safety. a Finding No.7 The design of the subdivision or the type of improvements will not o conflict with easements,acquired by the public at large, for access through o or use of,property within the proposed subdivision. N 0 Finding of Fact: The design of the subdivision will not conflict with any public or private = easements. All documentation relating to easements and dedications will be reviewed and approved by the City Engineer prior to recordation of the Final Map. Existing easements will be reserved in place or relocated, as o N necessary. N E SECTION 7. CONDITIONS OF APPROVAL: The recommendation of approval to the Mayor and Common Council of General Plan Amendment 15-01, Development Code Amendment 15-03, Subdivision 15-03 (Tentative Parcel Map 19654), Development Permit Type-P 15-02 and Conditional Use Permit 15-13 shall be a subject to the following Conditions ofApproval: M c a� 1. This approval is to allow the subdivision of an existing parcel containing approximately E 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 a 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 12 a Packet Pg. 376 rte. 6.C.g General Plan land use designation and Zoning classification for proposed Parcel 2 from o Residential Medium (RM) to Commercial General (CG-1); and, 3) the development, M 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 a northeast corner of University Parkway and State Street.The project site is located on the northeast comer of University Parkway and State Street, within the existing Residential 0a Medium(RM)zone. 9 CN 0 LO 2. The project site shall be developed and maintained in accordance with the plans stamped aa. January 20, 2016 (EXHIBIT "A"), approved by the City, which includes a site plan, on C) file in the Planning Division; the Conditions of Approval contained herein; and, the q City's Municipal Code regulations. m 3. The project shall be subject to all of the mitigation measures contained in the Mitigation Monitoring and Reporting Program, dated January 20, 2016 (EXHIBIT "B"), and o incorporated herein by reference as Conditions of Approval. a U 4. Within two (2) years of the Development Permit approval, commencement of ° construction shall have occurred or the permittapproval shall become null and void. In 9 addition,if after commencement of construction,work is discontinued for a period of one Q year, then the permit/approval 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. U EXPIRATION DATE: January 20,2018 0 0 5. The review authority may grant a time extension, for good cause, not to exceed twelve o (12)months.The applicant must file an application,the processing fees, and all required N submittal items, thirty (30) days prior to the expiration date. The review authority shall o ensure that the project complies with all Development Code provisions in effect at the = time of the requested extension. 6. In the event this approval is legally challenged, the City will promptly notify the o applicant of any claim,action or proceeding and will cooperate fully in the defense of this An matter. Once notified, the applicant agrees to defend, indemnify and hold harmless the E City of San Bernardino (City), any departments, agencies, divisions, boards or v 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 a be required by a court to pay as a result of such action, but such participation shall not M 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 E "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 a Permit is rescinded or revoked,whether or not at the request of applicant. E 13 a Packet Pg. 377 6.C.g Planning Division L 0 w 7. The applicant shall post a bond in an amount equivalent to the cost of landscaping, r including landscape installation and one year of maintenance service. The purpose of the a 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 L) the Final Certificate of Occupancy and only after such time as the survival of the o landscaping has been verified by City staff. to a 8. If the colors of the buildings or other exterior finish materials are to be modified beyond o the current proposal and improvement requirements, the revised color scheme and/or o finish materials shall be reviewed and approved by the Planning Division prior to LO commencement of work. 0° 9. The intersections of State Street, College Avenue and Kendall Drive and University o Parkway shall have regulatory signs posted stating "DO NOT BLOCK INTERSECTIONS"with the code violation statement with minimum fine. 0 Land Development Division q Lo T 10. Drainage and Flood Control a. The development is located within Zone X on the Federal Insurance Rate Maps number 0607IC7940H dated 08/28/08. Area determined to be outside the 0.2% annual chance floodplain. a b. All drainage from the development shall be directed to an approved public o drainage facility. If not feasible, proper drainage facilities and easements shall be o provided to the satisfaction of the City Engineer. o N c. if storm water drainage from the site is to be outlet into the public street, the o drainage shall be conveyed through a parkway culvert constructed in accordance with City Standard No. 400. Conveyance of site drainage over the Driveway y approaches will not be permitted. d. The applicant is required to submit both a final Full-Categorical Water Quality c Management Plan (WQMP) and Storm Water Pollution Prevention Plan n (SWPPP). The applicant is directed to the County of San Bernardino Flood E Control web site for the template for the WQMP. The Land Development 0 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 l acre or more of land. a e. The Land Development Division, prior to grading plan approval,shall approve an M 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. cc a E 14 a Packet Pg. 378 11.Grading and Landsca in c a. The On-site improvement and Grading Plan shall be signed by a Registered Civil 1%W Engineer, and the WDID number shall be located on the plans. The grading plan a 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 15.04-167 of the Municipal Code. o 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 a. shall be obtained from the Department of Community Development - Planning M Division prior to issuance of any grading or site development permits. ° LO c. If more than 50 cubic yards of earth is to be hauled on City Streets then a special ca hauling permit shall be obtained from the City Engineer. Additional conditions, cn such as truck route approval, traffic controls, bonding, covering of loads, street c cleaning,etc.may be required by the City Engineer. Ln d. The refuse enclosure(s) must be constructed in accordance with City Standard U Drawing No. 508. The minimum size of the refuse enclosure shall be 8 feet x 15 r feet, unless the Public Services Department, Refuse Division, approves a smaller LO size, in writing. Where a refuse enclosure is proposed to be constructed adjacent a to spaces for parking passenger vehicles, a 3' wide by 6 " high concrete planter CL 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. � U e. This project is located in the high wind zone. All walls and fences shall be a designed to withstand 100 mph winds. All construction details shall be included o on the appropriate plan and all fences shall be of non-combustible material. Structural calculations shall be provided for City review. N f. The Drive-through lane and the parking area adjacent to the building shall be o constructed of PCC pavement and path of travel shall not cross the drive thru 2 0 lanes. a 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 y following shall apply: E • Photometric plot shall be provided which show that the proposed on-site v lighting design will provide: rn • 1 foot-candle of illumination uniformly distributed over the surface of the parking lot during hours of operation,and —° a h. The design of on-site improvements shall also comply with all requirements of M The California Building Code, Title 24, relating to accessible parking and accessibility, including retrofitting of existing building access points for E accessibility. Q r C E d E t V 15 Q Packet Pg. 379 i. An accessible path of travel shall be provided from the public way to the building c entrance. All pathways shall be concrete paved and shall provide a minimum M 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 a shall be delineated by textured/colored concrete pavement prior to Occupancy. j. A reciprocal easement shall be recorded prior to grading plan approval if N reciprocal drainage,access,sewer,and/or parking are proposed to cross lot lines. q k. The project Landscape Plan shall be reviewed and approved by the Building a. Official prior to issuance of a grading permit. Submit 5 copies to the Land o Development Division for Checking. o 1. Prior to occupancy of any building, the developer shall post a bond to guarantee m the maintenance and survival of project landscaping for a period of one year. N N 12.Landscape Maintenance District ° LO L The property is located within Landscape Maintenance District (LLMD) 952 0 Zone 1 for this project. All landscape modifications shall be submitted to Real Properties for plan review and approval. LO b. The cost of installation of landscaping and irrigation system in the Landscape a 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 a Maintenance District for approval. o d. The landscaping and irrigation system shall be installed in the Landscape Maintenance District and accepted by the City Engineer prior to application for N occupancy of any structure. o 13.Utilities c a. This project is located in the sewer service area maintained by the City of San o 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 2T' sewer trunk line easement bisects the property c therefore no structure(s) or portion there of shall be built upon the sewer U easement. b. Utility services shall be placed underground and easements provided as required. All existing Easements and required setbacks shall be shown on all plans. 'a c. A street cut permit, from the City Engineer, will be required for utility cuts into existing streets. _ U a C d E U 16 a Packet Pg. 380 6,C.g 14.Ma in o a. A Parcel Map based upon Feld 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 U Real Property section of the Public Works Division and pay the fee established by N ordinance. Application forms can be obtained from the Real Property Section at q (909) 384-5026. a. CL 0 15. Improvement Completion M o a. If the construction/installation of required improvements, including landscaping m and irrigation within the Landscape Maintenance District,are not completed prior N to Map recordation, an improvement security accompanied by an agreement N executed by the developer and the City will be required. a 16.Street Im_,•provement and Dedications o ■ a. For the streets listed below, dedication of adequate street right-of-way (R.W.) to LO provide the distance from street centerline to property line and placement of the a curb line(C.L.)in relation to the street centerline shall be as follows: c� Street Name Right of Wav(ft.) Curb Line(ft) M University Parkway Existing Existing U a State Street Existing Existing to to b. If the existing sidewalk and/or curb & gutter adjacent to the site are in poor N condition, the sidewalk and/or curb & gutter shall be removed and reconstructed o to City Standards. Curb & Gutter shall conform to Standard No. 200, Type `B" n 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 N curb ramps in accordance with Caltrans Standards to comply with current ADA accessibility requirements. E 0 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. a 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 d approved by the City Engineer. U r.+ Q a+ G d E L V 17 a Packet Pg. 381 6.C.g 17.Required Engineering Plans `o M a. A complete submittal for plan checking shall consist of: 6 ■ sewer plans (Private sewers may be shown on on-site improvement plan; a. public sewers must be on a separate plan with profile), U 06 ■ lighting(on-site lighting may be included in on-site improvement plan or may o be on a separate stand-alone plan), LO a ■ grading(may be incorporated with on-site improvement plan), a. ■ on-site improvement and landscaping and irrigation, o to ■ landscaping and irrigation in the Landscape Maintenance District,and m ■ other plans as required. Piecemeal submittal of various types of plans for the y same project will not be allowed. c • All required supporting calculations, studies and reports must be included in a the initial submittal (including but not limited to drainage studies, soils o reports,structural calculations) O 18.Required En ing_eering Permits a a. a. Grading permit. b. On-site improvements construction permit (except buildings - see Development Services-Building Division),including landscaping. kar U c. Off-site improvement construction permit. � 0 19.Annlicable Engineering Fees o N L All plan check, permit, inspection, and impact fees are outlined on the Public o 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 W estimate varies more than 10% from the estimate submitted with the application c for plan checking. n E 20.Traffic Requirements U . rn a. Update the Traffic Impact Study to reflect the current conditions. Standard Requirements a M 21.The project landscape plans shall be prepared in accordance with Development Code Section 19.28.120, Water Efficient Landscaping Standards. E 22.Minor modification to the plans shall be subject to approval by the Director through the a Minor Modification Permit process. Any modification which exceeds 10% of the allowable measurable design/site considerations shall require the refilling of the original application. 18 a Packet Pg. 382 .rrrr ow 6.C.g 23.The project shall comply with all applicable requirements of the Building and Safety o Division, Fire Department, Police Department, Municipal Water Department, Public M Services Department and the City Clerk's OfficetBusiness Registration Division. a 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 06 California Board of Equalization),as applicable. N LO 25.The facility operator and property owner shall be responsible for regular maintenance of a the project site.The site shall be maintained in a clean condition and free of litter and any 0 other undesirable material(s). Vandalism,graffiti,trash and other debris shall be removed o and cleaned up within 24 hours of being reported. m 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 o for a Sign Permit from the Planning Division. Signs painted on the building are a prohibited. Banners, flags, pennant, and similar signs are prohibited unless a Temporary Sign Permit is obtained. ° O 27.All exterior lighting shall be energy efficient with the option to lower or reduce usage when the facility is closed. a. c� 28. Submittal requirements for permit applications (site improvements, landscaping, etc.) to M Building Plan Check and/or Land Development must include all Conditions of Approval 7t issued with this approval,printed on the plan sheets. a 29.All Conditions of Approval and Standard Requirements shall be implemented and/or o completed prior to final inspection and/or issuance of a Certificate of Occupancy. a N 30. Within six(6) months from the issuance of the Certificate of Occupancy for each phase, o 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 o appropriate application fee,for reconsideration by the Planning Commission N 31.This permit or approval is also subject to the conditions or standard requirements of the 0 following City Departments or Divisions: a. Fire Department b. Water Department M C N E s U R r a U 19 y Q Packet Pg. 383 SECTION 7. PLANNING COMMISSION ACTION: c w M The Planning Commission hereby takes the following action: 1. Adoption of Planning Commission Resolution No. 2016-006 forwarding a v recommendation that the Mayor and Common Council: N O a. Adopt the Mitigated Negative Declaration for General Plan Amendment 15-01, LO Development Code Amendment 15-03, Subdivision 15-03 (Tentative Parcel Map a 19654), Development Permit Type-P 15-02 and Conditional Use Permit 15-13, in o accordance with §15074 (Adoption of Mitigated Negative Declaration) of the o California Environmental Quality Act;and � m D b. Approve General Plan Amendment 15-01, Development Code Amendment 15-03, N Subdivision 15-03 (Tentative Parcel Map 19654), Development Permit Type-P 15-02 Cq and Conditional Use Permit 15-13 based on the Findings of Fact and subject to the LO recommended Conditions of Approval. 0 PASSED,APPROVED AND ADOPTED this 2&day of January 2016. o a a C9 co M U a La sley,Chairman o San Bernardino Planning Commission 0 N _ O 7 ATTEST: a� _O N N E E O Mark Persico, Planning Commission Secretary v City of San Bernardino,California _ ■ a M _ O E V r-. Q _ d 20 y.+ Q Packet Pg. 384 b CERTIFICATION: o I, Stephanie Sanchez, Recording Secretary of the Planning Commission of the City of San Bernardino, California,do hereby certify that the foregoing Resolution,No. 2016-006, was duly a adopted by the Planning Commission of the City of San Bernardino, California, at a regular v meeting thereof held on the 200' day of January 2016,by the following vote, to wit: N O AYES: Heasley, Machen, Lopez, Eble, Paxton, Dailey,and Earp LO a a NOES: None a M 0 ABSENT: Durr, and Barnhardt LO m ABSTAIN: None W N O LO T Q U Step anie anchez,R co ing Secretary o City S Bcmardin C ifornia a a cc M U 0 0 W 0 N C O Y O O .N N E E O U a� c c a. M C d E t V Y Y Q G d S V 21 Q Packet Pg. 385 AGENDA ITEM #6 PLANNING COMMISSION STAFF REPORT o CITY OF SAN BERNARDINO PLANNING DIVISION o L M CASE: General Plan Amendment 15-01, Development Code Amendment 15-03, Subdivision 15-03, Development Permit Type-P 15-02 and a Conditional Use Permit 15-13 U HEARING DATE: January 20, 2016 WARD: 5 0 OWNER: APPLICANT: a Ridgeline Apartments, LLC Bickel Group Architecture a. 240 Newport Center Drive, Suite 200 3600 Birch Street M Newport Beach, CA 92660 Newport Beach, CA 92660 ° U) - m REQUEST& LOCATION: N A request to allow: 1) the subdivision of an existing parcel containing approximately 10.94 c 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 o accommodate the proposed commercial development, which is being proposed as Commercial o General (CG-1) zone; 2) the change of the General Plan land use designation and Zoning kaw classification for proposed Parcel 2 from Residential Medium (RM) to Commercial General a (CG-1); and, 3) the development, establishment and operation of a commercial building 0 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. APN: 0266-101-29 ZONE: Residential Medium (RM) STAFF RECOMMENDATION: c The Planning Division of the Community Development Department recommends that the 0_ Planning Commission adopt Resolution No. 2016-006 forwarding a recommendation that the 0 E Mayor and Common Council (please see Attachment A): E 0 U 1. Adopt the Mitigated Negative Declaration for General Plan Amendment 15-01, c Development Code Amendment 15-03, Subdivision 15-03 (Tentative Parcel Map 19654), Development Permit Type-P 15-02 and Conditional Use Permit 15-13, in accordance with §15074 (Adoption of Mitigated Negative Declaration) of the California a Nt Environmental Quality Act; and C 0 2. Approve General Plan Amendment 15-01, Development Code Amendment 15-03, Subdivision 15-03 (Tentative Parcel Map 19654), Development Permit Type-P 15-02 and Conditional Use Permit 15-13 based on the Findings of Fact and subject to the a recommended Conditions of Approval. a Packet Pg. 386 GPA 15-01, DCA 15-03,SUB 15-03, DP-P 15-02 and CUP 15-13 Planning Commission Date: 1.20.2016 Page 2 41 c BACKGROUND E Q 0 July 1,2015: General Plan Amendment 15-01, Development Code Amendment 15-03, Subdivision 15-03 (Tentative Parcel Map 19654), Development Permit o Type-P 15-02 and Conditional Use Permit 15-13 application was o submitted. M r January 14,2015: Development and Environmental Review Committee reviewed the application and moved the Mitigated Negative Declaration, General Plan Amendment 15-01, Development Code Amendment 15-03, Subdivision U 15-03 (Tentative Parcel Map 19654), Development Permit Type-P 15-02 N and Conditional Use Permit 15-13 to the Planning Commission for consideration(please see Attachment E). a. January 6,2016: A legal advertisement was sent to the San Bernardino Sun Newspaper for o publication on January 9, 2016. o January 7, 2016: Notices were mailed to the property owners and residents within 500 feet LO of the exterior boundaries of the subject property, providing the nature of the request, location of the property, the date, time, and place of the Planning Commission meeting of January 20, 2016 for the Mitigated o Negative Declaration, General Plan Amendment 15-01, Development Code Amendment 15-03, Subdivision 15-03 (Tentative Parcel Map L) 19654), Development Permit Type-P 15-02 and Conditional Use Permit ° 15-13 (please see Attachment G). o PROJECT DESCRIPTION a c� Pursuant to the requirements of Chapter 19.50 (General Plan Amendments), Chapter 19.42 M (Development Code Amendments), §19.44.020 (Development Permit Applications), I §19.06.030(2)(H) (Drive-Thru Restaurants) and §19.66.020 (Subdivision Map Applications) of o the City of San Bernardino Development Code, the applicant is requesting the approval of General Plan Amendment 15-01, Development Code Amendment 15-03, Subdivision 15-03 (Tentative Parcel Map 19654), Development Permit Type-P 15-02 and Conditional Use Permit 15-13 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 •y accommodate the existing multi-family residential development, which shall remain within the E Residential Medium (RM) zone. Proposed Parcel 2 containing approximately 1.14 acres will o accommodate the proposed commercial development, which is being proposed as Commercial v General (CG-1) zone. 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). The development, establishment and operation of a commercial building containing 1 approximately 3,000 square feet with a drive-thru on proposed Parcel 2 (please see Attachment B). E U Q r+ C N E _ U to Q Packet Pg. 387 GPA 15-01, DCA 15-03,SUB 15-03, DP-P 15-02 and CUP 15-13 Planning Commission Date: 1.20.2016 Page 3 SETTING& SITE CHARACTERISTICS E 0. 0 The project site is located on the northeast corner of University Parkway and State Street, within the Residential Medium (RM) zone (please see Attachments C and D). The overall project site o contains a total of approximately 10.94, and is accessible from both University Parkway and ,o State Street. The overall project site is currently developed with a 160-unit apartment complex, and the subject 1.14 acre portion of the site is currently intended to provide a portion of the community open space for the existing apartment complex. Table 1 below provides a summary a. of the surrounding land use characteristics of the subject site and surrounding properties. N TABLE 1: SITE AND SURROUNDING LAND USES LOCATION LAND USE ZONE GENERAL PLAN a DESIGNATION a. Site Multi-Family Residential Residential Medium RM Residential Medium c North Multi-Family Residential Residential Medium(RM) Residential Medium 9 South Commercial Center Commercial General(CG-1) Commercial General D U) East Single Family Residential Residential Suburban(RS) Residential Suburban c LO West Commercial Center Commercial General(CG-1) Commercial General Q U O r ANALYSIS LO Q Project Development The proposed commercial development has been designed to comply with development standards of the City of San Bernardino Development Code. Table 2 below provides a site design analysis that illustrates the consistency of the project with the Development Code and -- General Plan. o CL a� TABLE 2: DEVELOPMENT CODE AND GENERAL PLAN CONSISTENCY PROPOSAL DEVELOPMENT GENERAL co CODE PLAN c Land Use Commercial w/Drive-Thru Permitted Subject to Permitted Subject N the Approval of CUP to Approval of CUP 0 Lot Size 0.49 acre N/A N/A 21,473 square feet)0 Height 24 feet 2 Stories; 30 feet N/A a Setbacks N/A University Pkwy 38 feet 10 feet State St. 120 feet 10 feet Rear 27 feet 10 feet r Lot Coverage 6% (3,000 square feet) 50% max. N/A Q Parking 59 stalls 12 stalls N/A a Packet Pg. 388 Now- GPA 15-01, DCA 15-03,SUB 15-03, DP-P 15-02 and CUP 15-13 Planning Commission Dale: 1.20.2016 Page 4 y E Q Site Design/Access/Traffic ; The proposed commercial development will be accessed by a new driveway approach on both o University Parkway and State Street. The internal site circulation has been designed to 0 adequately accommodate on-site vehicular circulation and access to the parking areas. Designated"paths of travel"have also been provided to ensure pedestrian safety. �? a The City's Traffic Engineering Division has reviewed and accepted the Focused Traffic Analysis U prepared for the proposed development, and the appropriate traffic related mitigation measures/ N Conditions of Approval have been included. LO V_ CL Architecture o The "contemporary"architectural design is highlighted by the prominent tower elements (24 feet o in height) at the entrances of the proposed building which utilizes a decorative "cementitious" wood siding. The building (21 feet in height) will have a painted plastered sand finish. The roof- mounted equipment will be screened by a parapet. Wall articulation will be accomplished with CO the tower elements that provide a shadow effect, and the varying heights provide an articulation q for the building mass. a U O Landscanina A landscaped planter will be installed on the frontages along University Parkway and State o Street, pursuant to the requirements of the City of San Bernardino Development Code. Q Landscaped planters will also be installed along the northern property line adjacent to the existing apartment complex,and within the parking lot. M General Plan Goals and Policies The City of San Bernardino General Plan includes goals and policies to guide future development within the City, including the following: • Enhance the aesthetic quality of land uses and structures in San Bernardino. CO • Enhance the quality of life and economic vitality in San Bernardino by strategic infill of new development and revitalization of existing development. S • Control development and the use of land to minimize adverse impacts. o U With respect to the proposal by General Plan Amendment 15-01, Development Code = Amendment 15-03, Subdivision 15-03 (Tentative Parcel Map 19654), Development Permit Type-P 15-02 and Conditional Use Permit 15-13, the applicant will be revitalizing the subject property in a manner that will enhance the physical and visual qualities of the subject property , thereby enhancing the aesthetics of the surrounding neighborhood. Additionally, through General = Plan Amendment 15-01, Development Code Amendment 15-03, Subdivision 15-03 (Tentative E Parcel Map 19654), Development Permit Type-P 15-02 and Conditional Use Permit 15-13, the existing underutilized portion of the property will be transformed into a development that meets a the City's economic development goals by generating new revenues, while satisfying the Development Code requirements and will be adequately regulated through the Conditions of d Approval in order to minimize potential impacts. r a Packet Pg. 389 GPA 15-01, DCA 15-03, SUB 15-03, DP-P 15-02 and CUP 15-13F 6.C.h Planning Commission Date: 1.20.2016 Page 5 c Land Use: E The existing 160-unit apartment complex was constructed in 1985, and the 1.14 acre portion of o the site, which is the subject of this application, is currently intended to provide a portion of the community open space. Over the course of the past years, this open space area has been under- o utilized, and in some respects has been blighted due to the inactive use. The transformation of this open space area into the proposed commercial development will enhance the aesthetics on the northeast corner of University Parkway and State Street, and it has been designed with a Iandscaping approach along the street frontages to maintain an open space appearance. The a proposed building is setback from the confluence of University Parkway and State Street, and the 0 building lot coverage is only six (6)percent. N 0 U7 CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) a a. ° In accordance with §15063 (Initial Study) of the California Environmental Quality Act (CEQA), o the applicant submitted and the Planning Division accepted an Initial Study/Mitigated Negative LO Declaration prepared in connection with General Plan Amendment 15-01, Development Code co Amendment 15-03, Subdivision 15-03 (Tentative Parcel Map 19654), Development Permit U) Type-P 15-02 and Conditional Use Permit 15-13 for the subdivision of an existing parcel o containing approximately 10.94 acres into two (2) separate parcels. Proposed Parcel I 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 o being proposed as Commercial General (CG-1) zone. The change of the General Plan land use a designation and Zoning classification for proposed Parcel 2 from Residential Medium (RM) to Commercial General (CG-1). The development, establishment and operation of a commercial to building containing approximately 3,000 square feet with a drive-thru on proposed Parcel 2 (please see Attachment F). Accordingly, pursuant to §15072 (Notice of Intent to Adopt a Negative Declaration or Mitigated Negative Declaration) of CEQA, a Notice of Intent to Adopt a o Mitigated Negative Declaration for General Plan Amendment 15-01, Development Code C Amendment 15-03, Subdivision 15-03 (Tentative Parcel Map 19654), Development Permit X Type-P 15-02 and Conditional Use Permit 15-13 was posted on December 9, 2015 for the N CEQA-mandated thirty (30) day public review and comment period, and there were no public = written comments received or verbal comments presented as of the date of the preparation of this 0 Staff Report. E Accordingly, pursuant to §15072 of CEQA, a Notice of Intent to Adopt a previous Mitigated 0 Negative Declaration for General Plan Amendment 15-01, Development Code Amendment 15- c 03, Subdivision 15-03 (Tentative Parcel Map 19654), Development Permit Type-P 15-02 and Conditional Use Permit 15-13 was published on January 9, 2016 for the CEQA-mandated ten a (10)day public review and comment period,prior to this Planning Commission public hearing. c On January 14, 2015, the Development and Environmental Review Committee reviewed the application and Environmental Determination of the Planning Division, and moved the Mitigated Negative Declaration for General Plan Amendment 15-01, Development Code Amendment 15- Q 03, Subdivision 15-03 (Tentative Parcel Map 19654), Development Permit Type-P 15-02 and Conditional Use Permit 15-13 to the Planning Commission for consideration. a Packet Pg. 390 6.C.h GPA 15-01. DCA 15-03.SUB 15-03. DP-P 15-02 and CUP 15-13 Planning Commission Dare: 1.20.2016 Page 6 c E CL 0 RECOMMENDATION > a� 0 Staff recommends that the Planning Commission adopt Resolution No. 2016-006 forwarding a o recommendation to the Mayor and Common Council the adoption of the Mitigated Negative M Declaration and approval of General Plan Amendment 15-01, Development Code Amendment Lh 15-03, Subdivision 15-03 (Tentative Parcel Map 19654),Development Permit Type-P 15-02 and Conditional Use Permit 15-13, based on the Findings of Fact and subject to the recommended 0 Conditions of Approval. °a N 0 Respectfully Submitted, a a. 0 cl • o LO m 1 CO N 0 i LO Oli ujica Q Planning Division ager o 0 Approved for Distribution: a. a co M d' O Mark Persico,AICP Community Development Director w Attachments: A. Resolution No.2016-006 c I B. Project Plans y C. Aerial Map D. Location Map E E. Development and Environmental Review Committee Action Minutes, 0 dated January 14,2015 = F. Notice of Completion, Initial Study/Mitigated Negative Declaration, and Mitigation Monitoring and.Reporting Program, dated December 9, 2015, and Draft Notice of Determination G. Public Notification a� E t; E d a Packet Pg. 391 do 6.C.h ATTACHMENT C — AERIAL MAP E CITY OF SAN BERNARDINO PLANNING DIVISION o PROJECT: CUP15-13 ° LOCATION MAP a. NORTH HEARING DATE: 0112012016 U 06 N O Ln d s, �v �L«.l.a�rfie-r q Ln Abl- Q ro . +i �* r"`��`�w„�' : .Qt7ti;.r..�•:.�,ew O war PROJECT SITE JON „1 m U; f, w � £ a a. Q0 fi Q Z 97V r a c m U (4 Cn a E U t9 a+ a+ Q Packet Pg. 392 6.C.h ATTACHMENT D -- LOCATIONIZONING MAP E 0. CITY OF SAN BERNARDINO PLANNING DIVISION o L PROJECT. CUP15-13 ° NORTH �' LOCATION MAP Lo HEARING DATE: 0112012016 CL U 06 N O WINDSOR S a C o. GOt �-EG , AV E � 0 o cl ►— o.; to "A­D R - m D Q rn i rstrruasi wi'-"r?w: Q N Rest dal Modium Q 0 R-T'7 N--p R r PROJECT SITE v Y, o a - um ��N 9 GSI*DE DR Lo MORG ,� � _ a a , ark tY UJ W L 2 LU' Q z d co a luJ Itesidentlal CL : a t , vt w GROSSMONT DR CL �+ o IT Y AVE ' v, Kl CL E U r4 a U tC a Packet Pg. 393 a 4- Larry Heasley,Chair O Lance Duff, Me Chair Andrew Machen CITY OF SAN BERNARDINO E ` - Amelia S Lopez Jim Eble COMMUNITY DEVELOPMENT DEPARTMENT o Austin Barnhardt 300 North "D"Street, San Bernardino, California 92418 > Kent Paxton G) Casey Dailey Phone:(909)384-7272 • Fax:(909)384-5155 p L Stern Earp O M r r PLANNING COMMISSION ACTION MINUTES JANUARY 20,2016 ,a N O MINUTES OF DECEMBER 16,2015 a a CONDITIONAL USE PERMIT 14-20 M 0 LO CONDITIONAL USE PERMIT 15-14 AND Im PUBLIC CONVENIENCE & NECESSITY 15-04 CONDITIONAL USE PERMIT 15-18 0 DEVELOPMENT PERMIT TYPE P 14-08 & SUBDIVISION 13-05 a U O GENERAL PLAN AMENDMENT 15-01, DEVELOPMENT CODE AMENDMENT 15-03, o LO SUBDIVISION 15-03, DEVELOPMENT PERMIT TYPE P 15-02, AND CONDITIONAL USE PERMIT 15-13 0- �o M N a) 3 C C O N m E E O V C tC a c d E s a E Page 1 of 8 01/20/2016 Q Packet Pg. 394 W 6.C.i �a 0 Ward: 6 E 0. Recommended Motion: Staff recommends that the Planning Commission adopt o Resolution No. 2016-005 adopting the Mitigated Negative Declaration and > approving Development Permit Type-P 14-08 and Subdivision 13-05 (Tentative o L Tract Map 16910), based on the Findings of Fact and subject to the recommended Conditions of Approval. Lh Oliver Mujica,Planning Division Manager,gave a brief presentation of the project. D U The Commissioners and staff discussed this item. There were a few conditions that the N commission wanted to make sure the project complied with: LO a. Land Development: o M 0 Grading and Landscaping The pavement on existing streets adjoining the site shall be rehabilitated to D centerline using a strategy approved by the City Engineer. N 0 Street Improvement and Dedications Q The pavement on existing streets adjoining the site shall rehabilitate the street o with a 2" mill and overlay. 0 Ln Commissioner Dailey made a motion to adopt Resolution No. 2016-005 adopting the Mitigated a Negative Declaration and approving Development Permit Type-P 14-08 and Subdivision 13-05 �? (Tentative Tract Map 16910), based on the Findings of Fact and subject to the recommended amended Conditions of Approval. Ch Commissioner Lopez seconded the motion. c The motion carried by the following vote: Ayes: Heasley, Machen, Lopez, Eble, Paxton, Dailey and Earp.Nays:None. Abstain:None. Excused: Durr.Absent: Barnhardt. E E 6. GENERAL PLAN AMENDMENT 15-01, DEVELOPMENT CODE_ 0 AMENDMENT 15-03, SUBDIVISION 15-03, DEVELOPMENT PERMIT TYPE-P 15-02, AND CONDITIONAL USE PERMIT 15-13 —A request to allow: 1) the subdivision of an existing parcel containing approximately 10.94 acres into E two (2) separate parcels. Proposed Parcel 1 containing approximately 9.80 acres will n. accommodate the existing multi-family residential development, which shall remain Ln r within the Residential Medium (RM) zone. Proposed Parcel 2 containing a approximately 1.14 acres will accommodate the proposed commercial development, E 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 d from Residential Medium (RM) to Commercial General (CG-1); and, 3) the c aD E s Page 6 of 8 01/20/2016 Q Packet Pg. 395 s.c.1 O development, establishment and operation of a commercial building containing approximately 3,000 square feet with a drive-thru on proposed Parcel 2. E CL Address: Northeast corner of University Parkway and State o Street > a� Zone: Residential Medium (RM)zone. L Environmental Determination: §15074 — Adoption of Mitigated Negative w Declaration) pursuant to the requirements of the California Environmental Quality Act Applicant: Bickel Group Architecture APN: 0266-101-29 Ward: 5 N 0 LO Recommended Motion: Staff recommends that the Planning Commission adopt a Resolution No. 2016-006 forwarding a recommendation to the Mayor and Common o Council the adoption of the Mitigated Negative Declaration and approval of General c Plan Amendment 15-01, Development Code Amendment 15-03, Subdivision 15-03 LO TI- (Tentative Parcel Map 19654), Development Permit Type-P 15-02 and Conditional Use Permit 15-13, based on the Findings of Fact and subject to the recommended Conditions of Approval. c a Oliver Mujica, Planning Division Manager, gave a brief presentation of the project. o 0 Applicant made a presentation on the project. Q a Jeremy Ogulnich,3018 Manning Ave,spoke in favor. The Commissioners and staff discussed this item. There were a few added conditions: Planning Division c 9. (*) The street pavement in front of the new driveways along University Parkway and State Street shall be marked "DO NOT BLOCK" pursuant to the standards of the City's c Public Works Department. E E Commissioner Dailey made a motion to adopt Resolution No. 2016-006 forwarding a c0 0 recommendation to the Mayor and Common Council the adoption of the Mitigated Negative Declaration and approval of General Plan Amendment 15-01, Development Code Amendment E 15-03, Subdivision 15-03 (Tentative Parcel Map 19654), Development Permit Type-P 15-02 and c Conditional Use Permit 15-13, based on the Findings of Fact and subject to the recommended a amended Conditions of Approval. L' a I Commissioner Eble seconded the motion. E The motion carried by the following vote: Ayes: Machen, Lopez, Eble, Paxton, Dailey and Earp. Q Nays: Heasley. Abstain: None. Excused: Durr. Absent: Barnhardt. a� E U fC Page 7 of 8 01/20/2016 Q Packet Pg. 396 6.C.i 0 r NON-PUBLIC HEARING ITEMS Q. None 0 m a� a PLANNING COMMISSION REPORTS/ANNOUNCEMENTS ,o M r I. Henry Nickel will be hosting a meeting to introduce the new appointed Commissioners to Lh new boards on January 20h, 2016 at 7pm. a 2. The Volunteer Advisory Committee will be meeting at EDA to discuss the new Charter v on January 26, 2016 at 5pm. 06 3. Commissioner Scott Wyatt has resigned from the Planning Commission due to his c election to the Unified School District Board. Ln 4. Henry Empeno, Jr., Senior Deputy City Attorney, has announced his retirement and that a his successor will be Steven Graham, Deputy City Attorney. a M 0 LO DIRECTOR'S REPORT m D U) 1. Status Report on Development Code Update Project c 2. Major Projects List 3. Planning Resolutions v 4. Third Thursday Food Fcst a o LO ADJOURNMENT Q a 0 Commissioner Paxton made a motion which was unanimously carried, to adjourn the Planning Commission meeting at 7:50 p.m. The next regular meeting was scheduled for Wednesday, `O M February 17, 2016 at 6:00 p.m. in the Council Chambers, First Floor, 300 North `'D" Street, San Bernardino, California. d Minutes Adopted by Planning Commissioners: o N Date Approved: M Minutes Prepared by: E 0 V _ 'c c ca St Shan, Sane iez a Ex cativ Assistan r _ m E y Q _ S U R Page 8 of 8 01/20/2016 Q Packet Pg. 397 6.C.j NOTICE OF PUBLIC HEARING 0 0 o u- a� Notice is hereby given that the Mayor and Common council of the City of San Bernardino will hold a public hearing on Monday,March 7,2016, at 4:00 p.m. or thereafter in the Council Chambers,City Hall,300 North"D" Street, San °o Bernardino,California 92418,on the following item: ° M CU GENERAL PLAN AMENDMENT 15-01 DEVELOPMENT CODE AMENDMENT (ZONING MAP o AMENDMENT)15-03 SUBDIVISION 15-03,DEVELOPMENT PERMIT TYPE-P 15-02, CONDITIONAL USE PERMIT 15-13,AND MITIGATED NEGATIVE DECLARATION-Includes the following requests to allow: 1)the subdivision of an existing parcel containing approximately 10.94 acres into two(2)separate parcels. Parcel 1 0 containing approximately 9.80 acres will accommodate the existing multi-family residential development,which shall remain within the Residential Medium(RM)zone. 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 L the General Plan land use designation and Zoning classification for Parcel 2 from Residential Medium (RM) to 0 Commercial General(CG-1);and,3)the development,establishment and operation of a commercial building containing T approximately 3,000 square feet with a drive-thru on Parcel 2. The project site is located on the northeast corner of ►n University Parkway and State Street,within the Residential Medium(RM)zone. a U 06 Environmental Determination: Mitigated Negative Declaration pursuant to §15074 of the o California Environmental Lo Owner: Ridgeline Apartments,LLC o Applicant: Bickel Group Architecture APN: 0266-101-29 0 Ward: 5 'n m The City of San Bernardino welcomes your participation in evaluating this item.The Mayor and Common Council will N review the proposal and will consider the proposed environmental determination in making a decision. The public is N welcome to speak at the public hearing or to submit written comments prior to the hearing.For more information,please 9 LO contact the Community Development Department at City Hall,or by phone at(909)384-5057. Q U If you challenge the resultant action of the Mayor and Common Council in court,you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice,or in written correspondence delivered to q the City Planning Division at,or prior to,the public hearing. Q a Submitted: February 18,2016 CO Publish: February 22,2016(Legal Ad) Please send first proof for verification or changes by e-mail to Stephanie Sanchez: Sanchez stephanie ,sbcity.org. Q Please reference"MCC Display Ad"on the billing and send to the City of San Bernardino,Planning Division,300 North a� "D"Street, San Bernardino,CA 92418 c CD E Q c m ca Q Packet Pg. 398 t.f'} J V Z F o rIO CL V " ro CL _0 E u z o � V �a Q . Z Q o a � CCS cn Q) cr- L CL v Q v A) t% _0 � tw c6 a) 0 .� �,► 0 .c .C: 15 E • . Q 5 v X Q) C5 v Q C: v c CD 0 s5 CD (U W a 0 O0 C:0. O 0 _ fiI II s V) tU U (L) anw ra sw O�0, CL J®RM via „ - 4 ;hftdl �d tea. s > U b as, Vd U7 GG3 , wL0Y01:' 3 N d d r i1 Lj ` 1 ............................. ....... 0 NW uj 5 o r.� a p/ au•1, r 6' � ? r, x AL 4r � / y i/ E '#, W r ZIII, M "h J� y< �w F L a A r z L W L m 1i m L � r O W �� h N a hN � y � Niv A t ` NN O L Y. Lm f m� s Y 3� •i _ Lm L W f r i °gam♦ i{ J f � � F t r b §l All m3 ..v.Zr W» a + owl SLIM On e ummm SLIM ANER SLIM tin a �� } -� SA lkt Sli4 It ua tat ' - 1 X ; LM r _ .""" WOO Ira a � 50..� you :s. a. •LA �� { 1 q gaEwro ,tea .N w^� ,s 6 tl� 1 L a i I � s c c� 1V m a ;t c, AVMk ui ui IV f1rI a .e u. cs vt �; as ow AV or �qq S+RR*8 to LLJ y� � I I E.< q g C� 1 F AV Ar AV ..3 AV �r CL tw CIOI ^.I r � r Z3 f r P , vIn f ' t E � N � I 4-J g 0 0 -' E 0 0 cu v u � Q 0 v o a C C 4 v v t— 4-) p V a : v +� .0 Co a CL m � can � � •� 1 cz �, ' -� o 4-J 4d C? *�0 Cl 0 0 to •� :� 4a ELI Ln C:v -0 tat u C: s . Q o EL } C) fa f6 R3 V Q U 6 Q L0L V) tJ) V? C1) 0 0 •�. uj -�-.. _gym... ®.®.......e+�. a a $� Pi V) 4--� � v (u . 4-+ E +� ° .� E 0 +-j cz E c N v Q E } v �o o u v ° to E E o E � u ® -0 o �, c ro ; , z = 6 C 2 -0 :E C ° v o E v o 4-J o tw E � 4-j 2 Q ® O c E Q G1 W ° .0 •= cz � o ° '�- v C: C: C7 a �' U z Cr6 v O $; � _ 4-1 v fi3 N I p � E I I cu cn v z� L. v z Q t� bn U O .— ui v -►-' v v � � Q to CL CP3 4— CO 2 .4—a P— ry} 1 0 N LO 0 w , .—• -+- L-5- o M L5 "Jo cz CL in 0 a N m (1) '��