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HomeMy WebLinkAbout36-Development Servicest• .~ CITY OF SAN BERNARDINO-REQUEST FOR COUNCII. ACTION From: James G. Funk, Director Subject: General Plan Amendment No. 04-05 & Dept: Development Services Development Permit III No. 04-28. A request to change the land use designation from CG-2, Commercial General to CH, Commercial Heary for approximately 13,530 squaze feet of land. Also, a request to construct a parking lot for ice cream trucks as an expansion of an existing ice cream truck facility at the northeast comer of Baseline Avenue and Garner Street. Date: April 12, 2005 MCC Date: May 2, 2005 Synopsis of Previous Council Action: May 1999: The Mayor & Common Council approved General Plan Amendment No. 98-02 (changing the land use district from CG-2, Commercial General to CH, Commercial Heary) and Development Pennit III No. 98-07, allowing the applicant to establish an ice cream truck pazking facility. Recommended Motion: That the hearing be closed and that the Mayor and Common Council adopt the resolution which approves General Plan Amendment No. 04-05 and approve Development Permit III No. 04-28 based upon the Findings of Fact contained in the Planning Commission Staff Report, subject to the Conditions of Approval as amended, and Standazd Requirements. uG. ~- ~ ames G. Funk Contact person: Ben Steckler, Associate Planner Phone: 384-5057 Supporting data attached: Staff Report Ward(s): 6 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct. Description) Finance: Council Notes• 1 Agenda Item No. 34 ~~~-10~ CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: General Plan Amendment No. 04-OS to change the land use designation from CG-2, Commercial General to CH, Commercial Heavy for approximately 13,530 square feet of land located on the north side of Baseline Avenue approximately 162 feet east of Garner Street. Also, Development Permit III No. 04-28 to construct a parking lot for ice cream trucks as an expansion of an existing ice cream truck facility. Project Applicant: Iyed & Mona Irsheid 5678 Elm Avenue San Bernardino, CA 92404 909-881-0698 BACKGROUND: Arclritect/Contact: John Mejia Steven Paul Murray & Associates 370 W. 6a' Street, Suite 210 San Bernardino, CA 92401 909-884-7660 The applicants are requesting approval of General Plan Amendment (GPA) No. 04-OS to change the land use designation from CG-2, Commercial General to CH, Commercial Heavy for approximately 13,530 square feet of land. Also, Development Permit III (DPIII) No. 04-28 is proposed to construct a parking lot for ice cream trucks as an expansion of an existing ice cream truck facility. The project site is located on the northeast corner of Baseline Avenue and Garner Street in the CG-2, Commercial General land use district (Exhibit 1). At their meeting of February 23, 2005, the Planning Commission voted 5 to 1 to recommend approval of GPA No. 04-OS and DPIII No 04-28. The Planning Commission added and/or modified Conditions of Approval that will require the applicant to upgrade on-site landscaping (including adding landscaping screens), restricting maintenance of vehicles on-site, and requiring the removal of the delivery ramp at the front of the existing structure. The applicant chose not to make any comments to the Planning Commission, after having been asked to respond to questions about the existing conditions on the site and the delivery ramp in front of the facility. Commissioners Brown, Durr, Enciso, Heasley, and Moms voted in favor of the GPA &DPIII, while Commissioner Sauerbrun voted against it. Commissioner Coute was absent. FINANCIAL IMPACT None. The applicants submitted the appropriate fees. RECOMMENDATION Staff recommends that the Mayor and Common Council close the public hearing adopt the resolution which approves General Plan Amendment No. 04-05 and approve Development Permit III No. 04-28 based upon the Findings of Fact contained in the Planning Commission Staff Report, subject to the Conditions of Approval as amended, and Standard Requirements. EXHIBITS: I Location Map 2 Planning Commission Staff Report Dated February 23, 2005 (with revised Conditions of Approval). SUMMARY CITY OF SAN BERNARDINO PLANNING DIVISION CASE: General Plan Amendment No. 04-05 & Development Permit III No. 04-28 AGENDA ITEM: 4 HEARING DATE: February 23, 2005 WARD: 1 OWNER: Iyed & Mona Irsheid 5678 Elm Ave. San Bernardino, CA 92404 909-881-0698 APPLICANT: John Mejia Steven Paul Murray and Associates 370 W. 6~ Street, Suite 210 San Bernardino, CA 92401 909-884-7660 REQUEST/LOCATION: A request to change the General Plan land use designation from CG-2, Commercial General to CH, Commercial Heavy on approximately 0.31 acre; and a request to expand a parking area for an existing Ice Cream Truck yard previously approved under Development Permit III No. 98-07. The subject property is located adjacent to the existing facility on the northeast corner of Baseline Avenue and Garner Street. The existing facility is in the CH, Commercial Heavy land use district, while the subject property is in the CG-2, Commercial General land use district. CONSTRAINTS/OVERLAYS: None. ENVIRONMENTAL FINDINGS: ^ Not Applicable ® Exempt from CEQA, per Section 15301-Existing Facilities ^ No Significant Effects ^ Previous Negative Declaration ^ Potential Effects, Mitigation Measures and Mitigation Monitoring/Reporting Plan STAFF RECOMMENDATION: ® Approval ® Conditions ^ Denial ^ Continuance to: General Plan Amendment No. 04-05 & Development Permit III 04-28 Hearing Date 02/23/05 Page 2 REQUEST AND PROTECT DESCRIPTION The applicant is requesting approval of General Plan Amendment No. 04-05 under the authority of Development Code § 19.50.050 to change the land use district from CG-2, Commercial General to CH, Commercial Heavy on approximately 0.31-acres. The applicant also requests approval of Development Permit II No. 03-28 under the authority of Development Code § 19.44.060 and § 19.08.020 to expand an existing parking area for Ice Cream Trucks previously approved under Development Permit III No. 98-07. The subject property is adjacent to the existing facility on the northeast corner of Baseline Avenue and Garner Street. The existing facility is in the CH, Commercial Heavy land use district, while the subject property is in the CG-2, Commercial General land use district. The proposal includes the expansion of the parking facilities to allow 23 new stalls for Ice Cream Trucks. The existing facility will have 31 stalls (after the redesign) for a total of 54 stalls proposed for Ice Cream Trucks. However, the existing structure is under parked. The facility has only 3 of ten required vehicle stalls, and the drivers of the Ice Cream Trucks need extra spaces for their personal vehicles. SETTING/SITE CHARACTERISTICS The site is generally flat with very gentle slopes from north to south. The proposed site consists of a total of 13,500 square feet. The site is abutting Baseline Street to the south with previously developed commercial uses further south. The project site is bounded on the north by single-family residences in the RS, Residential Suburban land use district. The site is bounded on the west by Garner Street. To the east the site is abutting a commercial development in the CG-2, Commercial General land use district (Attachments A & B). BACKGROUND The Development Permit application was submitted on July 19, 2004. The project submittal was deemed incomplete on July 20, 2004. The Development/Environmental Review Committee (D/ERC) reviewed the project on September 30, 2004 at which time the applicant was informed of some required changes so that the project would meet Development Code standards, and that a General Plan Amendment would be required. The applicant submitted revisions to the Development Permit and the General Plan Amendment application on October 22, 2004. The project was reviewed again by the D/ERC on October 28, 2004 at which time remaining deficiencies in the revised plans were identified, and the project was moved to the Planning Commission. A letter was sent to the applicant in December 2004, again stating what was needed to have the project scheduled for Planning Commission. The applicant submitted revised plans on January 18, 2005. General Plan Amendment No. 04-05 & Development Permit III04-28 Hearing Date 02/23/05 Page 3 CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) STATUS The project has been reviewed under the requirements of the California Environmental Quality Act and has been found to be Categorically Exempt under Section 15301, as a minor alteration of an existing development. FINDINGS AND ANALYSIS FOR THE GENERAL PLAN AMENDMENT 1. Is the proposed amendment internally consistent with the General Plan? The proposed amendment would be internally consistent with the General Plan Goa11G in that it would allow for the expansion of an existing commercial facility to serve the local and the regional public. 2. Would the proposed amendment be materially detrimental to the public interest, health, safety, convenience or welfare of the City? No, the proposed amendment would not be materially detrimental to the public interest, health, safety, convenience or welfare of the City. The applicant proposes to provide the appropriate landscaping and amenities to improve the appeazance of Baseline Street while bringing the site into compliance with the standazds in the Development Code. The proposed improvements can only occur if the General Plan Amendment and the Development Permit applications are approved, thus the approval of the amendment would be beneficial in that it will result in the revitalization of that area through proposed development. 3. Would the proposed amendment maintain the appropriate balance of land uses within the City? The proposed amendment would maintain the appropriate balance of land uses within the City as it would be affecting a small project site area (just under 1 acre), representing a fraction of the overall land within each land use category. 4. Is the subject parcel physically suitable (including, but not limited to, access, provision of utilities, compatibility urith adjoining land uses, and absence of physical constraints) for the requested land use designarion(s) and the anticipated land use development? The subject parcel is physically suitable for the requested land use designation and the anticipated land use development in that it will be providing access through existing streets, all utilities would be provided as part of the development of the project site, it would be an expansion of the land use to the west, it would be compatible with the surrounding land uses, and the land is absent of physical constraints. General Plan Amendment No. 0405 & Development Permit III04-28 Hearing Date 02/23/05 Page 4 FINDINGS AND ANALYSIS FOR DEVELOPMENT PERMIT 1. Is the proposed development one permitted within the subject-zoning district and in compliance with all of the applicable provisions of the Development Code, including prescribed development/site standards and any/all applicable design guidelines? Yes, the proposed development of a Ice Cream Truck yard is permitted within the CH, Commercial Heavy land use district as shown in Table 2 below. Although the project is in the CG-21and use district, the connected General Plan Amendment (GPA) No. 04-05 proposes to change the designation of the property, and if the GPA not approved the Development Permit may not be approved. TABLE 2: DEVELOPMENT CODE AND GENERAL PLAN CONFORMANCE CATEGORY PROPOSAL DEVELOPMENT GENERAL PLAN CODE Permitted Use Ice Cream Truck Yard Permitted Consistent with Density N/A N/A N/A Unit Size Existing N/A N/A Setbacks: Front 10' (minimum) ' 10'(minimum) ' N/A Side 0 (minimum) 0 Rear 0'* 6' minimum Structure Height Existing N/A N/A Lot Coverage Existing N/A N/A *However a landscaped buffer area is required to be provided and must be at least 6'. 2. Is the design of the proposed development consistent with the General Plan? Yes, the proposed design and improvements are consistent with General Plan Goa11G(a), which states that it is the goal of the City of San Bernardino to: "Achieve a pattern and distribution of land uses which a) retain and enhance established residential neighborhoods, commercial and industrial districts, regional-serving uses, recreation and amenities;' The proposed project will retain and enhance an existing commercial district by allowing for the expansion of an existing facility, and filling in a vacant lot. General Plan Amendment No. 0405 & Development Permit III 0428 Hearing Date 02/23/05 Page 5 3. Is the proposed development harmonious and compatible with existing and future developments within the land use district and general plan area, as well as with the land uses presently on the subject property? Yes, the proposed development is harmonious and compatible with the existing and future developments within the Commercial Heavy and adjacent Commercial General land use district. The site will provide a screening buffer of decorative block wall and landscape area adjacent to the Residential Suburban land use district. The subject site is currently vacant land, so there is no existing land use to be compatible with onsite, however the proposed development is consistent with similar developments as well as planned development for the site in the General Plan and the Development Code. 4. Is the approval of the development permit for the proposed development in compliance with the requirements of the California Environmental Quality Act (CEQA) and Section 19.20.030(6) of the Development Code? Yes, the approval of the Development Permit is incompliance with the requirements of both CEQA and SBMC Section 19.20.030(6) in as much as the proposed project has been determined to be categorically exempt from the requirements of CEQA. 5. Are there any potentially significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored? No, as noted in Finding No. 4, this project complies with CEQA and Development Code requirements. 6. Is the subject site physically suitable for the density/intensity of use being proposed? Yes, the subject site is physically suitable for the density/intensity of the proposed industrial development. The CH, Commercial Heavy land use district does not limit density, except by having a minimum lot size, which the proposed properties meet. The existing structure is within the lot coverage standards in the Development Code. 7. Will there be adequate provisions for public access, water, sanitation, and public utilities and seruices to ensure that the proposed use will not be detrimental to the public health and safety? Yes, the proposal includes provisions for public access (through existing roads), water, sanitation and public utilities and services (through General Plan Amendment No. 04-05 & Development Permit III04-28 Hearing Date 02/23/05 Page 6 modifications/connections to existing systems) so the project will not be detrimental to the public health and safety. 8. Will the location, size, shape, design, and operating characteristics of the proposed development be detrimental to the public interest, health, safety, convenience, or zoelfare of the City? No, the proposed location, size, shape, design, and operating characteristics of the proposed development will not be detrimental to the public interest, health, safety, convenience or welfare of the City. The General Plan designation of Commercial Heavy is appropriate for the type of development proposed. CONCLUSION The proposal meets all necessary Findings of Fact for approval of the General Plan Amendment and the Development Permit III. RECOMMENDATION Staff recommends the Planning Commission recommend that the Mayor and Common Council adopt General Plan Amendment No.04-05 and approve Development Permit III No. 04-28 based upon the Findings of Fact contained in this Staff Report and subject to the Conditions of Approval (Attachment C) and Standard Requirements (Attachment D). Respectfully Submitted, v~.~~~ James Funk Director, Development Services en Steckler Associate Planner Attachment A Location Map Attachment I3 Parcel Maps and Site Plan Attachment C Conditions of Approval Attachment D Standard Requirements ATTACHMENT A CITY OF SAN BERNARDINO PROJECT: GPA 0405 & PLANNING DIVISION DPIII 0428 LOCATION MAP LAND USE DISTRICTS HEARING DATE: 2/23/05 NORTH OOIwURR1Y MO~MT~L ~ a ,, ~ .,. ~ I R ~a Rr ~ ® ` ISM Y ~ 1 M 1. u sr I m N I a~ ~, ' _." ~ ~ ~ R ~1 /~ R < ~ p/ 7 7 C ~t• ml Q Baseline Street GG_A _ R•N , ~~,. E ~ } > 1 T «~ ~ C ~ a~ P~ ~ n [~ ~ ., , VIN[ T ~ i o f~~i 1 ~ ~ , . .. ~~ x69c'M4aei'~*^ d i i ~ ~ tl ~ 3 ~ 'mod." BAl'bb111Y ~l M~N3~3L3 .:; ~ ~ ATTACHMENT "B„ 1 YS t ~ .~~ Y z >~ r k,_. ^1 r% Sam ~gsa r--==- is bye ,:, -- ---- ~ a. ~~I$ m,., -1 :; ~~ g y ~~ 'L _ ____~ t ~: ~. n.!a l~yy~~~~ ~ ~ e~ k 9 s ~ ~~ z a~~ k { j ii ~ i& a C~ • °~s 6 ~ i ~ ~~i `~nS(d ~~~~~~~$ ~ i~ i~~j ~I 4~~n y ~ ~ ~ ~ ? e 3 ifSt~f( ~! _ 1 q 14 F~,1~€s ~ it ~ u. :. ~ i~'il~~geaa~° x 6 ., m ~ ~ ~~~~, ,~ >~ ~~. x /l l 'ti: f ~; ~ f E ~ `t ~ -r ~ k /~ ~~ s / ~ -y/I _ ~i I~ I Q ~i ~, ~~ r a " ° t 'V ~' ~a a ~~ 1 ~_: , _. ~ J r -i -~-- ~---- ~ _- _- :~-, gI r B {. 2~ ~E n~~ i ~I 0 A General Plan Amendment No. 04-OS ~. Development Permit III 0428 Hearing Date 02/23/05 Page 9 ATTACHMENT C CONDITIONS OF APPROVAL Development Permit III No. 04-28 This set of conditions applies to Development Permit Type III No. 04-28 to expand an existing Ice Cream Truck yard onto a new 0.31-acre parcel. The expansion includes (but is not limited to) landscaping, paving and striping, as well as fencing, and minor improvements on the existing facility to bring it into compliance with the Development Code. The hours of operation for this use are as follows: 7:00 AM to 8:00 PM Monday through Friday, and 9:00 AM to 5:00 PM Saturday and Sunday. 2. Within two years of development 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 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 and Standard Requirements: Expiration Date: 2 Years from MCC Determination 3. The review authority may grant aone-time extension, for good cause, not to exceed 12 months. The applicant must file an application, the processing fees, and all required submittal items, 30 days prior to the expiration date. The review authority shall ensure that the project complies with all Development Code provisions in effect at the time of the requested extension. 4. In the event this approval is legally challenged, the City will promptly notify the applicant of any claim, action or proceeding and will cooperate fully in the defense of this matter. Once notified, the applicant agrees to defend, indemnify and hold harmless the City of San Bernardino (City), the Economic Development Agency of the City of San Bernardino (EDA), any departments, agencies, divisions, boards or commission of either the City or EDA as well as predecessors, successors, assigns, agents, directors, elected officials, officers, employees, representatives and attorneys of either the City or EDA from any claim, action or proceeding against any of the foregoing persons or entities. The applicant further agrees to reimburse the City for any costs and attorneys' fees which the City may be required by a court to pay as a result of such action, but such participation shall not relieve applicant of his or her obligation under this condition. The costs, salaries, and expenses of the City Attorney and employees of his office shall be considered as "attorneys fees' for the purpose of this condition. General Plan Amendment No. 04-05 & development Permit III 0428 Hearing Date 02/23/05 Page 10 As part of the consideration for issuing this permit, this condition shall remain in effect if any one of these permits (Tentative Parcel Maps, Lot Line Adjustment, and/or Development Permit) is rescinded or revoked, whether or not at the request of applicant. 5. Construction shall be in substantial conformance with the plan(s) approved by the Director, Development Review Committee, Planning Commission or Mayor and Common Council. Minor modification to the plan(s) shall be subject to approval by the Director through a minor modification permit process. Any modification which exceeds 10% of the following allowable measurable design/site considerations shall require the refiling of the original application and a subsequent hearing by the appropriate hearing review authority if applicable. a. On-site circulation and parking, loading and landscaping; b. Placement and/or height of walls, fences and structures; c. Reconfiguration of architectural features, including colors, and/or modification of finished materials that do not alter or compromise the previously approved theme; and, d. A reduction in density or intensity of a development project. 6. This permit or approval is subject to all the applicable provisions of the Development Code in effect at the time of approval. This includes Chapter 19.20- Property Development Standards, and includes: dust and dirt control during construction and grading activities; emission control of fumes, vapors, gases and other forms of air pollution; glare control; exterior lighting design control; noise control; odor control; screening; signs, off-street parking and off-street loading; and vibration control. Screening and sign regulations compliance are important considerations to the developer because they will delay the issuance of a Certificate of Occupancy until they are complied with. Any exterior structural equipment, or utility transformers, boxes, ducts or meter cabinets shall be architecturally screened by wall or structural element, blending with the building design and include landscaping when on the ground. 7. If the color of any of the buildings, walls or fences or other exterior finish material is to be modified either before construction or after completion, the revised color scheme and/or finish materials shall be reviewed and approved by the Planning Division prior to commencement of work. 8. Submittal requirements for permit applications (building, site improvements, landscaping; etc.) to Building Plan Check and/or Public Works/Engineering shall include all Conditions of Approval and Standard Requirements issued with the Planning approval. 9. Signs are not approved as a part of this permit. Prior to establishing any signs, the applicant shall submit an application, and receive approval for a sign permit from General Plan Amendment No. 04-05 6r Development Permit III 04-28 Heazing Date 02/23/05 Page 11 the Planning Division. All signage on the site shall be consistent with the provisions of the Development Code. 10. All ground cover shall be li~+~g-glass grass or sod, no bark or mulch or similar cover is allowed.* 11. The landscape plan shall include one 24" box tree for every four parking spaces (employee and customer, new/ existing), consistent with the requirements of Section 19.24.060(6)(B) and Chapter 19.28 of the Development Code. 12. The applicant shall post a bond in an amount equivalent to the cost of landscaping including landscape installation and one year of maintenance service. The purpose of the bond is to ensure that all landscaping survives the planting process and lasts for a period of at least 1-year. The bond will be released no sooner than 1-year after issuance of the Certificate of Occupancy, and only after such time as the survival of the landscaping has been verified by planning staff. 13. If vending machines (snacks, sodas, etc.) are located on the site, they shall be located inside the building. 14. All vandalism and graffiti must be removed within 24 hours of its occurrence. The management shall take photographs of the graffiti and provide them to the Police Department before removing the graffiti. 15. Any equipment, whether on the roof, side of structure, or ground shall be screened as per Development Code requirements. 16. Music/operational noise may not be audible at the property boundaries. 17.Outside storage or display is not permitted. 18. Refuse enclosures must be constructed of slump stone, split face block, or in a decorative manner compatible with the main color of the structures, and the materials aze subject to review and approval by the Planning Staff during building plan check. Direct access shall be provided, whenever possible. 19. Construction-related activities may not occur between the hours of 8 pm and 7 am. No construction vehicles, equipment, or employees may be delivered to, or arrive at the construction site before 7 am or leave the site after 8 pm. Construction activities may only occur Monday through Saturday. 20. The landscape buffer proposed along the northern boundary of the site shall be continued through the existing site (wherever abutting residential land uses) as well as the new parking site as proposed. The Development Code requires an Opaque General Plan Amendment No. 04-OS °. Development Permit III 04-28 Hearing Date 02/23/05 Page 12 Screen between commercial and residential land use districts, the entire site (existing and expansion) shall conform to Development Code requirements. Additionally, an Opaaue Screen shall be,~rovided along Baseline Avenue (in the front yard setback area' 21. The project shall complete any/all dedications of roadway on the new site along with the on-site improvements for the pazking facility. 22. The 6' existing block wall proposed to remain in the landscape area between the new parking area and the existing parking area shall be removed, and the entire landscape strip shall berestored/repaired. 23. All setback azeas (on the new as well as the existing sites) shall be landscaped as per the Development Code. 24. The entire existing site shall be brought into compliance with the Development Code, due to the expansion of the use exceeding 25%. 25. Triangulaz areas in front of the proposed pazking stalls shall be included in the landscaping azea, behind the continuous 6" curb as required by the Development Code. 26. Any/all existing drains shall be in full working order prior to final approval of on-site improvements. 27. Any/all bazbed wire, electrical, razor wire, and similar prohibited fencing (as per Development Code Section 19.20.030(8) shall be removed from the site. 28. Ice cream trucks shall not be left idling on-site for periods of more than 10 minutes. During loading and unloading the Ice Cream Trucks shall be fumed off. 29. Any/all site improvements shall be complete, and all final sign-off approvals obtained prior to establishment of use/occupancy of expansion azea. 30 No repair maintenance or cleaning of vehicles shall be allowed onsite at anv time.* 31. The delivery ramp and drivew~ between the building and Baseline Avenue shall be removed and restored with curb gutter sidewalk parkway and landscaping azea 32. All Conditions of Approval and Standard requirements shall be complete prior to final sign-off approval of on-site pemuts and/or establishment of use/occupancy of expansion azea. General Plan Amendment No. 04-OS dr Development Permit III 0428 Hearing Date 02/23/0$ Page 13 33. This permit or approval is subject to the attached conditions or requirements of the following City Departments or Divisions: • Development Services Department -Public Works Division *Modified or added by the Planning Commission on February 23, 2005 ATTACHMENT D CITY OF SAN BERNARDINO Development Services Department -Public Works Division Standard Requirements Description: Construct Parkine Lot for Ice Cream Trucks Applicant: IYed & Mona Irsheid Location: N/E Corner of Garner Street and Base Line Street Case Number: DPIII 0428 Drainase a) All drainage from the development shall be directed to an approved public drainage facility. If not feasible, proper drainage facilities and easements shall be provided to the satisfaction of the City Engineer. b) If site drainage is to be outletted into the public street, the drainage shall be conveyed through a parkway culvert constructed in accordance with City Standard No. 400. Conveyance of site drainage over the Driveway approaches will not be permitted. c) The site area is less than 1 acre, therefore, a Storm Water Pollution Prevention Plan (SWPPP) will not be requires. However, a Water Quality Management Plan (WQMP) will be required. The City Engineer, prior to issuance of any permits authorizing land-disturbing activities shall approve this plan. (Refer to the City's web page at http://www.ci.san- bemardino.ca.us/site/ow/default.htm -Departments -Development Services -Public Works for templates of these plans). d) Prior to issuance of a grading permit, the City Engineer shall approve an Erosion Control Plari. 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. Project: Construct a Pazking lot far Ice Cream Trucks Case No. DPIII 04-28 Page 2 of 5 2. Gradine and Landscaoina a) If more than 1' of fill or 2' of cut is proposed, the site/plotJgrading and drainage plan shall be signed by a Registered Civil Engineer and a grading permit will be required. The grading plan shall be prepared in strict accordance with the City's "Grading Policies and Procedures" and the City's "Standard Drawings", unless otherwise approved by the City Engineer. b) If more than 5 trees are to be removed from the site, a tree removal permit conforming to the requirements of Section 19.28.090 of the Development Code shall be obtained from the Department of Development Services- Planning Division prior to issuance of any grading or site development permits. c) If more than 5,000 cubic yazds of earthwork is proposed, a grading bond will be required and the grading shall be supervised in accordance with Section 7012(c) of the uniform Building Code. d) If more than 1,000 cubic yards of earth is to be hauled on City Streets then a special hauling permit shall be obtained from the City Engineer. Additional conditions, such as truck route approval, traffic controls, bonding, covering of loads, street cleaning, etc. may be required by the City Engineer. e) An on-site Improvement Plan is required for this project. Where feasible, this plan shall be incorporated with the grading plan and shall conform to all requirements of Section 15.04-167 of the Municipal Code (See "Grading Policies and Procedures"). f) Retaining walls, block walls and all on-site fencing shall be designed and detailed on the On-site Improvement Plan. This work shall be part of the On-site Improvement permit issued by the City Engineer. g) Wall shall be constructed of decorative block and shall be subject to approval of the Planning Division. Precision block will not be permitted. h) The on-site improvement plan shall include details of on-site lighting, including light location, type of poles and fixtures, foundation design, conduit location and size, and the number and size of conductors. Photometry calculations shall be provided which show that the proposed on-site lighting design will provide 1 foot-candle of illumination uniformly distributed over the surface of the parking lot during hours of operation and 0.25 foot-candles security lighting during all other hours. C D ietacnL s A S~nmgs~ll0tt 1CH_LI11 ocnl Settings femponrv ln[u is 1 !.5101 K-A',>PIR 04-2N 1172 W' B:.~ 1 i~ SvcetAnc 02i13'H10s Project: Construct a Parking lot for Ice Cream Tracks Case No. DPIII 04-28 Page 3 of 5 i) A reciprocal easement shall be recorded prior to grading plan approval if reciprocal drainage, access, sewer, and/or pazking is proposed to cross lot lines, or a lot merger shall be recorded to remove the interior lot lines. j) The project Landscape Plan shall be reviewed and approved by the City Engineer prior to issuance of a grading permit. Submit 5 copies to the Engineering Division for Checking. k) The public right-of--way, between the property line and top of curb (also known as "parkway") along adjoining streets shall be landscaped by the developer and maintained in perpetuity by the property owner. Details of the pazkway landscaping shall be included in the project's on-site landscape plan, unless the pazkway azea is included in a landscape maintenance district, in which case, a separate landscape plan shall be provided. 1) An easement and covenant shall be executed on behalf of the City to allow the City to enter and maintain any required landscaping in case of owner neglect. The Real Property Section for execution by the property owner and shall ensure that, if the property owner or subsequent owner(s) fail to properly maintain the landscaping, the City will be able to file appropriate liens against the property in order to accomplish the required landscape maintenance. Adocument-processing fee in the amount of 200.00 shall be paid to the Real Property Section to cover processing costs. The property owner, prior to plan approval, shall execute this easement and covenant unless otherwise allowed by the City Engineer. 3. Utilities a) Utility services shall be placed underground and easements provided as required. b) A street cut permit, from the City Engineer, will be required for utility cuts into existing streets where the street is not being repaved as part of the required improvements. ( _.(.roauxien;~ srd Settings lh)HTCH_ LCLncal Sevingti,l`empomry mien er 1'itea,OLKi~)1'l Il O4_x t I?? tY k'laie Line Strect.dce 0'_il?/Zp05 Project: Construct a Pazking lot for Ice Cream Tmcks Case No. DPIII 04-28 Page 4 of 5 4. Street Imarovement and Dedications a) All public streets within an adjacent to the development shall be improved to include combination curb and gutter, paving, handicap ramps, street lights, sidewalks and appurtenances, including, but not limited to traffic signals, traffic signal modifications, relocation of public or private facilities which interfere with new construction, striping, shall be accomplished in accordance with the City of San Bernardino "Street Improvement Policy" and City "Standazd Drawings," unless otherwise approved by the City Engineer. Street lighting, when required, shall be designed and constructed in accordance with the City's "Street Lighting Policies and Procedures." Street lighting shall be shown on street improvement plans except where otherwise approved by the City Engineer. b) For the streets listed below, dedication of adequate street right-of--way (R.W.) to provide the distance from street centerline to property line and placement of the curb line (C.L.) in relation to the street centerline shall be as follows: Street Name Ri¢bt of Wav(ft.) Curb Line(ftl Base Line Street 50' (8.75' Additional Dedication) Existing c) Construct Driveway Approaches per City Standazd No. 204, Type II, including Handicap by-pass. Remove existing driveway approaches that are not part of the approved plan and replace with full height curb & gutter and sidewalk. 5. Required En¢ineerine Plans a) The rough grading plan may be designed and submitted in combination with the precise grading plan. b) All plans submitted for plan check purposes shall be prepared on the City's Standazd 24" X 36" sheets. c) All conditions of approval shall be reproduced on the last page of the precise grading/on-site plan. d). Provide the City with an electronic file of all improvement plans/drawings. This file shall be compatible with AutoCAD 2000, and shall be submitted with the plans for final approval. dh ~.~ Tan! m d ScIIin;*s~UOk ICH I. P.I. ocai Stunigs 1 emperaq lntnnct I ;les~O LkT,DPICI OS-?8 I17? N+ t3asc Lii.c Sirce~.doc u2.' 1 ;; axK Project: Construct a Pazking lot for Ice Cream Tmcks Case No. DPIII 04-28 Page 5 of 5 e) Copies of the City's design policies and procedures and standazd drawings aze available at the Public Works Counter for the cost of reproduction. They aze also available at no charge at the Public Works Web Site http•/~www ci san-bernardino.ca.us/site/pw/default.htm 6. Required En¢ineerina Permits a) Grading permit (If applicable.). b) On-site improvements construction permit (except buildings - see Development Services-Building Division), including landscaping. 7. Applicable Ent=_ineerine Fees a) All plan check, permit, inspection, and impact fees aze outlined on the Public Works Fee Schedule. A deposit in the amount of 100% of the estimated fee for each set of plans will be required ~t time of application for plan check. b) The current fee schedule is available at the Public Works Counter and at httn•//www ci san-bernardino.ca.us/site/pw/default.htm c) Please check with the development review section of the Public Works Division at 909-384-5110 for current in-house plan check turn-around times. d) Expedited plan checking is available. A deposit in the amount of 150% of the estimated plan check fee for each set of plans will be required at time of application for expedited plan check. C t ~ w~nen±, .~i d ScliiiiLi~U~)121('l-0 L(I Kcal 5.-itinge.7entpumry Imn~ic~ k11rs~C1t k7~DPtff 04-'K U'? W [fax I ine StraaAoc - U'il? OOs 2 3 4 5 6 7 RESOLUTION NO. ~ p~ RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING GENERAL PLAN AMENDMENT N0.04-OS TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO, TO AMEND THE GENERAL PLAN LAND USE DESIGNATION FROM CG-2, COMMERCIAL GENERAL, TO CH, COMMERCIAL HEAVY, FOR ONE PARCEL LOCATED ON THE NORTH SIDE OF BASELINE STREET, APPROXIMATELY 162 FEET EAST OF GARNER STREET. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CTfY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Recitals 1 111 l2 13 14 15 l6 17 18 19 20 2l (a) WHEREAS, the General Plan for the City of San Bernardino was adopted by the Mayor and Common Council by Resolution No. 89-159 on June 2, 1989. (b) WHEREAS, General Plan Amendment No. 04-OS was considered by the Planning Commission on February 23, 2005, at a noticed public hearing, and the Planning Commission's recommendation of approval has been considered by the Mayor and Comrnon Council. (c) WHEREAS, General Plan Amendment No. 04-OS together with the associated Development Permit III (DPIII No. 04-28) was found to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301, Minor Alterations to Existing Facilities, and would not have a significant effect on the environment. (d) WHEREAS, the exemption from CEQA has been reviewed by the Planning 23 24 25 26 27 Commission and the Mayor and Common Council in compliance with the California Environmental Quality Act (CEQA) and local regulations. (e) WHEREAS, the Planning Commission conducted a noticed public hearing on February 23, 2005, in order to receive public testimony and written and oral comments on General Plan Amendment No. 04-OS (a proposal to change the General Plan Land Use Designation from CG-2, Commercial General, to CH, Commercial Heavy for one pazcel ~ 31r~ 1 ~ ~;~ ~~,~ 1 2 3 4 5 6 7 8 located on the north side of Baseline Street, approximately 162 feet east of Garner Street and fully reviewed and considered the Planning Division Staff Report and the recommendation of the Environmental Review Committee. (f) WHEREAS, the Mayor and Common Council held a noticed public hearing and fully reviewed and considered proposed General Plan Amendment No. 04-OS and the Planning Commission and Environmental Review Committee recommendations and Planning Division Staff Report on May 2, 2005. (g) WHEREAS, the adoption of General Plan Amendment No. 04-OS is deemed 1 111 in the interest of the orderly development of the City and is consistent with the goals, objectives and policies of the existing General Plan. 13 14 15 ]6 17 18 19 SECTION 2. Exemption NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED by the Mayor and Common Council that the proposed amendment to the General Plan of the City of San Bernardino will have no significant effect on the environment, and the exemption heretofore prepared by the Environmental Review Committee as to the effect of this proposed amendment is hereby ratified, affinned and adopted. SECTION 3. Findings 211 BE IT FURTHER RESOLVED by the Mayor and Common Council of the City of San Bernazdino that: A. The proposed amendment is internally consistent with the General Plan in that it meets General Plan Goal 1G, in that it would allow for the expansion of an 26 27 28 existing commercial facility to serve the local and regional public. B. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that any commercial property 2 1 2 3 4 5 development will be required to comply with all applicable provisions of the Development Code. C. The proposed amendment would not impact the balance of land uses within the City in that the proposed property is adjacent to other commercial uses in the CG- 2 and CH land use districts and is consistent with General Plan Policy 1G. The 71 General Plan Amendment does not adversely impact the balance of land uses within the City. 9 10 11 12 13 14 15 l6 17 18 19 211 D. In the case of an amendment to the General Plan Land Use Map, the subject pazcel(s) is physically suitable (including, but not limited to access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested land use designation(s) and the anticipated land use development(s) in that all required utilities and public services can adequately serve the site. SECTION 4. Amendment BE IT FURTHER RESOLVED by the Mayor and Common Council that: A. The Land Use Plan of the General Plan of the City of San Bernardino is amended by changing the land use designation from CG-2, Commercial General, to CH, Commercial Heavy, for one pazcel located on the north side of Baseline Street, approximately 162 feet east of Garner Street. -This amendment is designated as General Plan Amendment No. 04-OS and its location is outlined on the map entitled Exhibit A, and further described in Exhibit B, copies of which aze attached and incorporated herein for reference. B. General Plan Amendment No. 04-OS shall become effective immediately upon adoption of this resolution. 3 1 2 3 4 5 6 7 8 9 10 11 l2 ]3 14 ]5 l6 17 18 19 21I SECTION 5. Map Notation This resolution and the amendment affected by it shall be noted on such appropriate General Plan maps as having been previously adopted and approved by the Mayor and Common Council and which are on file in the office of the City Clerk. SECTION 6. Notice of Exemption The Planning Division is hereby directed to file a Notice of Exemption with the County Clerk of the County of San Bemazdino certifying the City's compliance with California Environmental Quality Act in preparing the Exemption. //1 /// 4 1 2 3 4 5 6 7 8 RESOLUTION ADOPTING GENERAL PLAN AMENDMENT NO. 04-OS TO THE GENERAL PLAN OF THE CITY OF SAN BERNARDINO, TO AMEND THE GENERAL PLAN LAND USE DESIGNATION FROM CG-2, COMMERCIAL GENERAL, TO CH, COMMERCIAL HEAVY, FOR ONE PARCEL LOCATED ON THE NORTH SIDE OF BASELINE STREET, APPROXIMATELY 162 FEET EAST OF GARNER STREET. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bemazdino at a meeting thereof, held on the 9 vote, to wit: 10 Council Members ll ESTRADA l2 LONGVILLE 13 MCGINNIS 14 DERRY l5 l6 KELLEY 1'7 JOHNSON 18 MC CAMMACK 19 20 21 day of 2005, by the following AYES NAYS ABSTAIN ABSENT City Clerk The foregoing resolution is hereby approved this 2005. day of , JUDITH VALLES, Mayor City of San Bemazdino Approved as to form and legal content: JAMES F. PENMAN City Attorney By: .- 5 .n 2 n EXHIBIT A ---B-kSf t+NE-----------• EXHIBIT B LEGAL DESCRIPTION Real property in the City of San Bernardino, County of San Bernardino, State of California, described as follows: THAT PORTION OF LOT 5, BLOCK 53, RANCHO SAN BERNARDINO, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 7, PAGE 2 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 981.75 FEET EAST OF THE SOUTHWEST CORNER OF SAID LOT; THENCE NORTH 225.5 FEET; THENCE EAST 60 FEET; THENCE SOUTH 225.5 FEET; THENCE WEST TO THE POINT OF BEGINNING. APN: 0144-201-28-0-000 OFFICE OF THE CITY CLERK Rnctret. G. Crnax, C.M.C. • crrx CLeeK 300 North "D" Street • San Bernazdino • CA 92418-0001 909.384.5002 • Fax: 909.384.5158 www.ci. san-bernazdin o.ca.us May 4, 2005 Mr. John Mejia Steven Paul Murray & Associates 370 W. 6'" Street, Suite 210 San Bernardino, CA 92401 Dear Mr. Mejia: At the Mayor and Common Council meeting held on May 2, 2005, the following action was taken relative to General Plan Amendment No. 04-OS> to change the land use designation from CG-2, Commercial General, to CH, Commercial Heavy, for approximately 13,530 square Feet of land located on the north side of Baseline Avenue approximately 162 feet east of Gamer Street and Development Permit III No. 04-28, to construct a parking lot for ice cream trucks as an expansion of an existing ice cream truck facility: The heazing was closed and the Mayor and Common Council upheld the Planning Commission's recommendation, based upon the Findings of Fact contained in the Planning Commission staff report dated February 23, 2005, subject to the Conditions of Approval, as amended, and Standard Requirements. If we can be of further assistance, please do not hesitate to contact this office. Sincerely, ~,<,~ ewe. ~j CQ~h-~~ Rachel G. Clark, CMC City Clerk RGC als cc: Development Services Iyed & Mona Irsheid, 5678 Elm Avenue, San Bernardino, CA 92404 CITY OF SAN BERNARDINO ADOPTED SHARED VALUES: Integrity • Accountability • Respect for Human Dignity • Honesty