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cC'Y OF SAN BERNARC)NO - REGIOST FOR COUNCIL AOrION
Frank A. Schuma
From: Planning Director
Dept: Planning
Subject:
Appeal of Condition of Approval
for Parcel Map No. 9902
Date: May 22, 1986
Mayor and Council Meeting of
June 2, 1986, 2:00 p.m.
Synopsis of Previous Council action:
Previous Planning Commission action:
At the meeting of the Planning Commission on May 6, 1986, the
following action was taken:
The application for Parcel Map No. 9902 was unanimously approved,
based upon findings of fact contained in. the staff report dated
Hay 6, 1986 and subject to the conditions and standard requirements
listed therein, with modification to condition #2.
The Negative Declaration for environmental review was also approved.
Recommenr:ted motion:
That the hearing on the appeal be closed and the decision of the
Planning Commission be affirmed, modified or rejected.
~O-:+L-
Signature
Frank A. Schuma
Contact person:
Frank A. Schuma
Phone:
383-5057
Yes, Staff Report
Ward:
6
Supporting data attached:__
FUNDING REQUIREMENTS:
Amount:
Source:
Finance:
Council Notes:
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WAELDER REALTY COMPANY, INC. ~o-,c..JL \'\ ''-'=: '''-,').,0';;'''
COMMERCIAL AND INDUSTRIAL PROPERTY
505 NORTH ARROWHEAD AVENUE. SUITE: 509
SAN BERNAROINO. CALIFORNIA '2401
PHONE 1714) 885-6878
May 14, 1986
[lli rn@~uwrn ill)
MAY 15'1986
Honorable Mayor and Common Council
City of San Bernardino
City Hall
300 North D Street
San Bernardino, California 92418
Ladies and Gentlemen:
CITY PLANNi:,G GEPARTMENT
SAN BERNARDINO. CA
Our company represents Mr. William Huntley of Huntley
Properties. We respectfully request an appeal to the City
Council regarding Agenda Item 9 which was on the agenda for
the City Planning Commission on Tuesday, May 6.
This Item was approved by the Planning Commission subject
to certain conditions which we would like to appeal. Condition
#2 calls for the total improvement of Industrial Parkway-- 64
feet in width. Industrial Parkway is currently an 80 foot
private roadway. All adjoining property owners have a joint
easement, so that the location is fixed, and the alignment has
been approved by the City Engineering Department. The easement
has been offered for dedication to the City. The offer was
declined.
Huntley Properties does not control sufficient land to force
an assessment district. However, we are willing to join other
owners in forming a district. In the interim period while an
improvement district is undergoing formation, we ask that the
conditions be changed to allow half street improvement in front
of each parcel as a contingency to issuance of building permits.
San Bernardino Steel has agreed to provide a thirty-two foot
half street improvement on eighteen hundred feet of roadway in
front of their plant site, plus a twenty foot paved strip which
will extend to Palm Avenue.
Please note on Page 9 of the report that the Engineering
Division of the City Department of Public Works has required
improvement of 32 feet to the center line in front of each parcel
as it is developed.
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Page 2
May 14. 1986
If we are allowed to proceed in this manner, industrial
development of the area can continue until such time as the
improvement district is formed and the total of Industrial
Parkway is improved.
Please place this Item on your agenda for June 2, 1986.
We will appreciate your consideration.
Yua/L
Carl Waelder
GW/cw
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ERNARDINO
300 NORTH "0" STREET. SAN BERNARDINO. CALIFORNIA 92418
EVLYN WILCOX
Mlyor
Members of the Common Council
Esth,", Estrada. . . . . . . . . . . . . Flr.t W.,d
Jack Rellly._. . . . . . . . . . . . . Second W.,d
Ralph Hernandez. . . . . . . . . . . Third Ward
Steve Marks. . . . . . . . . . . . . Fourth Ward
Gordon Quia' . . . . . . . . . . . . . Fifth Ward
Olin Frazier . . . . ._. . . . . . . . . Sixth Ward
Jack Strickler . . . . . . . . . . . S.venth Ward
MiiY 12, 1986
Huntley Properties
P.O. Box 1448
Bishop, CA 93514
Dear Sir or Madame:
At the meeting of the Planning Commission on May 6, 1986, the
following action was taken:
The application for Parcel Map No. 9902, to create two parcels
in the M-2 Heavy Industrial Zone and M-1A Limited Light Indus-
trial Zone on approximately 45.3 acres located on the southern
side of Interstate 215 and Cable Creek and being located approx-
imately 2,510 feet southeasterly of the centerline of Palm
Avenue, was approved based upon findings of fact contained in
the staff report dated May 6, 1986 and subject to the conditions
and standard requirements listed therein, with the following
modification: .
.Condi tions:
1. Delete entire condition.
Modify Condition:
2. On-site and off-site improvements of Industrial Parkway
shall be required prior to the recordation of Parcel Map
No. 9902. Such improvements may be assured by a cash
deposit, assessment district establishment, improvement
bonding, or physical placement of street improvements to
the specifications of the City Engineering Department.
In the event of physical placement of improvements by the
ap~licant or his successor, the City shall enter into a
re1mbursement agreement whereby the ap~licant or his
successor will be reimbursed at such t1me as they develop
the parcels.
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Huntley . propertie~ 0
Parcel Map No. 9902
May 12, 1986
Page 2.
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According to the San Bernardino Municipal Code, Title 18,
Chapter 28, Section 120, the following applies to the filing
of a parcel map:
"Any aggrieved person may, within ten days of receipt of
written notice of the decision, appeal in writing to the
Mayor and Common Council."
If no appeal is filed pursuant to the above provisions of the
San Bernardino Municipal Code, the action of the Commissio~
shall be final.
Respectfully,
~'L Ot .?7jl
FRANK A. SCHUMA
Planning Director
mkf
cc: Engineering Division
San Bernardino Associates
70911 Avenue 37
Rancho Mirage, CA 92270
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., CiTY OF
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BERNARDINO PLANNING
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DEPARTMENT ""'l
SAN
SUMMARY
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Parcel Map No. 9902
APPLICANT.
OWNER
AGENDA ITEM
HEARING DATE
WARD
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Huntley Properties
P . D. Box 14L1.3
Bishop, CA 93514
San Bernardino Assoc.,
70911 Avenue 37
Rancho Mira e, CA 92270
Applicant requests approval to create two parcels in the M-2,
heavy Industrial zone, and M-1A, Limited Light Industrial zone.
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Subject property is an irregularly-shaped parcel of land consist-
ing of approximately 45.3 acres located on the southern side of
Interstate 215 and Cable Creek, and being located approximately
2,510 feet southeasterly of the centerline of Palm Avenue.
PROPERTY
Subject
l-lorth
South
last
West
EXISTING
LAND USE
Vacant
Flood Control
Vacant
Vacant
Vacant
-~
~LOGIC / SEISMIC
L~AZARD ZONE
DYES
ggNO
Ibl YES
oNO
HIGH FIRE
HAZARD ZONE
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::EZ
Z-
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o:Z
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Z
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o NOT
APPLI CABLE
o EXEMPT
[]I NO
SIGNIFICANT
EFFECTS
NOV. 1981 REVISED JULY 1882
SKY
ZONING
M-2, M-1A
Channel
N-2
M-1A
M-2
GENERAL PLAN
DESIGNATION
General Industrial
General Industrial
General Industrial
General Industrial
General Industrial
FLOOD HAZARD !31iYES 0Z0NE A
ZONE 0 NO OZONE B
DYES
SEWERS ~ NO
AIRPORT NOISE I 0 YES
CR ASH ZONE ill NO
o POTENTIAL SIGNIFICANT
EFFECTS
WITH MITIGATING
MEASURES NO E.I. R.
o EI.R REQUIRED BUT NO
SIGNIFICANT EFFECTS
WITH MITIGATING
MEASURES
o SIGNIFICANT EFFECTS
SEE ATTACHED E.R C.
MINUTES
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REDEVELOPMENT Qg YES
PROJECT ARE^ oNO
GO APPROVAL
[]I CONDITIONS
0 DENIAL
0 CONTINUANCE TO
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CITY OF SAN BERNARDINO PLANNING DEPARTMENT ""\
CASE PM NO. 9902
OBSERVATIONS
9
5/6/86
2
AGENDA ITEM
HEARING DATE
PAGE
,.
1. The applicant is requesting a parcel map in order to
subdivide approximately 45.3 acres into two parcels
within the M-2, Heavy Industrial zone and M-IA, Limited
Light Industrial zone located on the south side of
Interstate 215 and north of the Industrial parkway.
2. Originally the current owner of the property owned all
of the property within this area. Two previous parcel
maps were recorded in 1978 when the property was in the
County jurisdiction. Parcel Map No. 4178 created two
parcels and a remainder adjacent to Palm Avenue and
south of the future alignment of Industrial parkway.
Parcel Map No. 4202 also created two parcels and a
remainder. At the Planning Commission meeting of August
6, 1985, a subsequent parcel map No. 9355 was approved
to create one parcel and one remainder parcel from an
existing parcel. The present application, Parcel Map
No. 9902, is to subdivide a remainder parcel from Parcel
Map No. 4202 into one parcel of approximately 5 acres in
area and to create another remainder of parcel which
will be approximately 40.3 acres in size. The County
did not require dedication of street or any
improvements. The existing lot configuration, as shown
on Exhibit A, is the end result of piecemeal parceling
of the area. The 80 foot future industrial parkway is
currently a private road easement which is owned in fee
by the owners of the requested parcel map. Said owners
have recorded rights of dedication over the entire
easement. The requirements placed on the current map
are based upon the provisions set forth in Section
66411.1 of the Subdivision Map Act which allows for the
fulfillment of construction of reasonable on-site and
off-site improvements based upon the finding that the
fulfillment of the construction requirements is
necessary for the public health and safety or that the
required construction is a necessary prerequisite to the
orderly development of the surrounding area. In the
subject case no overall development plan exists in the
area which would insure that all necessary improvements
be installed in a logical and systematic order. Due to
the piecemeal parcelling of the area without the
necessary improvements, the road alignment of any public
right-of-way is largely already determined through
existing lot configuration. The City's requirements
would eventually result in an industrially developed
area which meets all current code requirements with
regard to improvement and circulation or fire access.
At some future date Industrial Parkway could be matched
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CITY OF SAN BERNARDINO PLANNING DEPARTMENT
CASE PM NO. 9902
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OBSERVATIONS
AGENDA ITEM
HEARING DATE
PAGE
9
5/6/86
3
to Hallmark Parkway through a bridge connection if
deemed necessary. To set examples of other current
industrial parks within the City limits where full
improvements of roadway were required and are installed
prior to issuance of building permits are the State
College Industrial Park, immediately southeast of the
subject site across Cable Creek Flood Control Channel,
Concourse Industrial Park on the souths ide of Redlands
Boulevard at Concourse Way and the Tri-City Corporate
Center on the east side of Waterman Avenue at
Hospitality Lane,
3. Industrial Parkway is an 80 foot wide roadway easement
travelling 1.41 miles terminating at a cul-de-sac
adjacent to the Cable Creek flood control channel.
located at the southeasterly portion of the subject
site. The City's Engineering department has stated that
the applicant has granted an irrevocable offer of
dedication for right-of-way of Industrial Parkway. At
this time, it still remains an easement. Presently the
maximum length of a cul-de-sac street is 500 feet. The
present easement upon dedication would exceed the 500
foot maximum length by 1,488%.
4. This is the thirteenth subdivision made by the applicant
over a lifetime of the ownership of the property (see
Exhibit 'A') and no improvements have been made or
required under the prev10us subdivisions; it appears
that in order to preclude further circumvention of the
State Subdivision Map Act, full roadway improvement
should be required rather than a piecemealing J1gsaw
development which has taken place previously and which
is continuing to be proposed. A condition of approval
is attached requiring that full roadway improvement be
required prior to recordation of the proposed parcel
map.
5. In discussions with the property owner during the
processing of Parcel Map No. 9355, the owner was
informed that future subdivisions of this land would
require full off-site improvements under the authority
of the Subdivision Map Act. The City has the right to
require all public improvements.
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CITY OF SAN BERNARDINO PLANNING DEPARTMENT
CASE PM NO. 9902
OBSERVATIONS
9
5/6/86
4
AGENDA ITEM
HEARING DATE
PAGE
6. Summary
The Subdivision Map Act of the State of California
Section 66411.1 states:
"Limitation
parcel map,
completion.
on improvement requirements under a
provides for delay of improvement
Whenever a local ordinance requires improvements
for a division of land which is not a subdivision of
five or more lots, such regulation shall be limited to
the dedication of rights-of-way, easements, and the
construction of reasonable off-site and on-site
improvements for the parcels being created.
Requirements for the construction of such off-site and
on-site improvements shall be noticed by certificate on
the parcel map, on the instrument evidencing the waiver
of such parcel map, or by separate instrument and
evidencing the waiver of such parcel map, or by separate
instrument and shall be recorded on, concurrently with,
or prior to the parcel map or instrument of waiver of a
parcel map being filed for record.
Fulfillment of such construction requirements shall
not be required until such time as a permit or other
grant of approval for development of the parcel is
issued by the local agency or, where provided by local
ordinances, until such time as the construction of such
improvements is required pursuant to an agreement
between the subdivider and the local agency, except that
in the absence of such an agreement, a local agency may
require fulfillment of such construction requirements
within a reasonable time following appr"oval of the
parcel map and prior to the issuance of a permit or
other grant of approval for the development of a parcel
upon a finding by the local agency that fulfillment of
the construction requirements is necessary for reasons
of :
(1) The public health and safety; or
(2) The required construction is a necessary
prerequisite to the orderly development of the
surrounding area.
(Amended, Chapter 234, Statutes of 1977)
In order to provide the neat and orderly development of
the overall site, a prerequisite to develop the on and
off-site improvements are necessary as a condition of
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CITY OF SAN BERNARDINO PLANNING DEPARTMENT
CASE PM NO. 9902
OBSERVATIONS
AGENDA ITEM
HEARING DATE
PAGE
9
5/6/86
5
the PaLcel Map in oLder to preclude future piecemeal
development of the only access roadway to the sites
involved.
7. On April 17, 1986 the Environmental Review Committee
recommended that a negative declaration be issued for
the requested parcel map.
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CITY OF SAN BERNARDINO PLANNING DEPARTMENT
CASE !,M NO. 9902
FINDINGS of FACT
AGENDA ITEM
HEARING DATE
PAGE
9
5/6/86
6
1. The proposed parcel map, subject to the conditions of
approval, meets the provisions of the M-2 zone, in which
it is located, which does not designate a minimum parcel
size, depth or width. The proposed parcel map meets the
requirements of the Subdivision Map Act with regard to
the improvements required of the parcel map which will
contribute to the orderly development of the area and
and to the public health, safety and welfare of the
citizens of the City of San Bernardino.
2.
The parcel
reded icated
Bernardino
improvement
map creates a parcel which will abut public
street per section 18.28.050.0 of the San
Municipal Code upon dedication and
of the proposed Industrial parkway.
3. The parcel map is consistent with the goals and
objectives of the General Plan land use designation of
General Industrial in that the required improvements
will "insure adequate circulation facilities . . .
within an industrial district".
4. The approval of the requested parcel map is being done
so acknowleding the necessity of full street
improvements as a condition for on and off-site for the
orderly development of those parcels contiguous to
Industrial Parkway as per Section 66411.1 of the State
Subdivision Map Act.
RECOMMENDATION
Based upon the observations and findings of fact contained
herein, Staff recomnlends adoption of the negative declaration
and approval of Parcel Map No. 9902 subject to the conditions
and standard requirements attached hereto.
Respectfully Submitted,
FRANK A.
Plannin
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CITY OF SAN BERNARDINO PLANNING DEPARTMENT
CASE 'PM NO QQn?
,.,
CONDITIONS
_ AGENDA ITEM Q ,
HEARING DATE 5/6/86
PAGE
).
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On-site and off-site improvements of Industrial Parkway
shall be required prior to the recordation of Parcel Map
No. 9902. Such improvements may be assured by a cash
deposit, assessment district establishment, improvement
bonding, or physical placement of street improvements to
the specifications of the City Engineering Department.
In the event of physical placement of improvements by the
'ap~licant or his successor, the City shall enter into a
re~mbursement.agreement whereby the applicant or his .
successor will be reimbursed at such time as they develop
the parcels.
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CITY OF SAN BERNARDINO
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CASE PM NO ggO?
STANDARD
REQUIREMENTS
AGENDA ITEM
HEARING DATE
PAGE
g
5/~/86
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COMMERCIAL, INDUSTRIAL
PIl NO. 9902
shall be in effect for a peri od of 24 months
from the date of approval. However, if no development has been initiated at
the end of the 24-month period, the application shall expire. Additional
time may be approved upon request of the applicant prior to expiration of
th e 24month peri od. Expi rat i on Date: Nay 6, 1988.
PARK I NG:
a. This development shall be required to maintain a minimum of
dard off-street parking spaces.
stan-
b. All parking and driving aisles shall be surfaced with two inches of AC
over a suitable base or equivalent as approved by the City Engineer.
Parking spaces shall be striped and have wheel stops installed at least
three feet from any building, wall, fence, property line, or walkway.
c. Whenever an off-street parking area is adjacent to or across an alley
from property zoned residential, a solid decorative wall six feet in
height shall be erected and maintained along the property line so as to
separate the parking area physically from the residentially zoned pro-
perty provided such wall shall be three feet in height when located
within the required front or street side yard setback. Where no front
or street side yard is required, such wall shall be three feet in
height when located within ten feet of the street line.
d. Whenever an off-street parking area is located across the street from
property zoned for residential uses, a solid decorative wall or equiva-
lrnt landscape berm not less than three feet in height shall be erected
and maintained along the street side of the lot not closer to the
street than the required depth of the yard in the adjoining residential
area. No fence or wall located in the front setback shall obscure the
required front setback landscaping.
REFUSE ENCLOSURES:
Whenever refuse bins are located within or adjacent to a parking area used
by the public, they shall be enclosed by a decorative wall six feet in
height along the rear and sides and screened gate(s) six feet in height
along the front. The enclosure shall not be placed within the required
front or street side yard setback area. Exact location and size of refuse
enclosures are to be determined by the Planning Department and Division of
Public Services Superintendent.
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MAY '84
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CITY OF SAN BERNARDINO
PM 9902
STANDARD REQUIREMENTS
CASE
AGENDA ITEM 9
HEARING DATE 5/6/86
PAGE 9
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ENGINEERING DIVISION
Project Description:
Conditions Date:
Prepared By:
Page of
Revlewed By:
pages
Owner/Applicant:
NOTE TO APPLICANT: Where separate
Engineering plans are required, the
applicant is responsible for
submitting the Engineering plans
directly to the Engineering Division.
They may be submitted prior to
submittal of Building Plans.
STANDARD REQUIREMENTS
2. Payment of all applicable Engineering fees.
Engineering Division for schedule of fees.
Contact
3 .
All drainage from the development
approved public drainage facility.
drainage facilities and easements
satisfaction of the City Engineer.
sha 11 be di rected to an
If not feasible, proper
shall be provided to the
4' Design and construction of all pUblic utilities to serve the
site in accordance with City Code, City Standards and
requirements of the serving utility.
5. Design and construction of all required public improvements to
conform to the ultimate planned cross section (such as street
widening, curb and gutter, sidewalk, street lights, handicap
ramps, and others) in accordance with the Municipal Code, City
Standards and the requirements of the City Engineer.
SPECIFIC REQUIREMENTS
6 .
Improve Industrial Parkway (private) adjacent to Parcell to
provide a distance from centerline to curb face of 32'.
Improvement shall be per the approved plan for Industrial
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CITY OF
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SAN BERNARDINO
CASE PM 9902
STANDARD
REQUIREMENTS
AGENDA ITEM
HEARING DATE
PAGE
9
56'6/86
1
""\
ENGINEERING DIVISION
Project Description:
Conditions Date:
Prepared by:
Page of
Reviewed by:
pages
Parkway on file in the office of the City Engineer. Adequate
transi tions shall be provided for traffic safety and drainage
east and west of the parcel.
7. Mapping:
a) A final parcel map based on field survey will be required.
8. Improvement Completion:
a) Street and drai nage improvement plans shall be completed
subject to approval of the City Engineer prior to map
approval.
b) If all required improvements are not completed prior to map
approval, an improvement certificate shall be placed on the
map indicating that improvements will be installed at time
of development.
9. Applicable Engineering Fees:
a)
Checking fee for final map
b)
Plan check and inspection fees for street improvements
c)
Electrical energy fee for street lights
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CITY OF SAN BERNARDINO
PLANNING DEPARTMENT
AGENDA ...
ITEM #
LOCATION
CASE P M j/q(}Q2
HEARING DATE 05/06/86
9
M-2
M-2