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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James Funk, Director
Subject: Specific Plan No. 90-
01/Conditional Use Permit No. 91-31 -
CalMat Cajon Creek Specific Plan -
Modifications to Conditions of Approval.
Dept: Development Services
Date: September 27,2005
MCC Date: October 17,2005
Synopsis of Previous Council Action: 1993 - The Mayor and Common Council approved Specific
Plan No. 90-01 and Conditional Use Permit No. 91-31 - the CalMat Cajon Creek Specific Plan.
Recommended Motion:
That the hearing be closed and the Mayor and Common Council modify Condition No.9 to Specific
Plan No. 90-01 and Conditional Use Permit No. 91-31 to revise the wording and incorporate the
CalMat Cajon Creek Specific Plan Conceptual Landscape Plan.
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Contact person:
V",lprip l' Ro"", l'ity PI ",nnPT
Phone: ';0';7
Supporting data attached:
Staff Report
Ward:
6
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
Agenda Item No.
1.1'1
101 \1 J~
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT: Specific Plan No. 90-01/Conditional Use Permit No. 91-31 - CalMat Cajon Creek
Specific Plan - Modifications to Conditions of Approval.
Owner:
Applicant:
Michael Linton
Vulcan Materials
5694 Mission Center Road, Suite 602
PMB 424
San Diego, CA 92108-4312
619.298.5800
Patrick Mitchell
Downey Brand Attorneys LLP
3001 Douglas Blvd., Suite 360
Roseville, CA 95661
916.773.2100
BACKGROUND
The Mayor and Common Council approved the CalMat Cajon Creek Specific Plan in 1993, through
Specific Plan No. 90-01 and Conditional Use Permit No. 91-31. The specific plan covers
approximately 1392 acres, located westerly of Cajon Boulevard in the northwest portion of the City
(Exhibit 1). The specific plan allowed sand and gravel extraction activities and various light and
heavy industrial uses. Since adoption of the specific plan, Vulcan Materials acquired CalMat, and
sand and gravel activities have been initiated.
One of the Conditions of Approval (No.8) for the specific plan and CUP required a conceptual
master landscape plan prior to any subsequent development project approvals. Another Condition of
Approval (No.9) required that an assessment district (or similar entity) be established prior to the
sale of any lot. The latter has created an awkward situation. The lots do not correspond to the sixteen
planning areas within the specific plan area and Vulcan Materials has requested a modification of
Condition No.9. Please refer to the Planning Commission staff report for a complete discussion
(Exhibit 2).
At their meeting of September 20,2005, the Planning Commission recommended approval of the
modification to the Conditions of Approval, with inclusion of the CalMat Cajon Creek Specific Plan
Conceptual Landscape Plan. Commissioners Durr, Enciso, Morris, Powell, and Sauerbrun voted in
favor of the motion. Commissioners Brown, Coute, and Heasley were absent.
FINANCIAL IMPACT
None; the applicant submitted the applicable processing fees.
RECOMMENDATION
Staffrecommends that the Mayor and Common Council modify Condition No.9 to Specific Plan No.
90-01 and Conditional Use Permit No. 91-31to revise the wording and incorporate the CalMat Cajon
Creek Specific Plan Conceptual Landscape Plan.
Exhibits:
1
2
Location Map
Planning Commission Staff Report
EXHIBIT 1
CITY OF SAN BERNARDINO
PLANNING DIVISION
LOCATION MAP
LAND USE DISTRICTS
PROJECT: SP 90-01
CUP 91-31
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HEARING DATE: 9120/05
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EXHIBIT 2
SUMMARY
CITY OF SAN BERNARDINO PLANNING DIVISION
AGENDA ITEM:
HEARING DATE:
WARD:
Specific Plan No. 90-0l/Conditional Use Permit No. 91-31 -
Modification to Conditions of Approval for CalMat Cajon Creek
Specific Plan
4
September 20, 2005
6
CASE:
OWNER:
Michael Linton
Vulcan Materials
5694 Mission Center Road, Suite 602
PMB 424
San Diego, CA 92108-4312
619.298.5800
APPLICANT:
Patrick Mitchell
Downey Brand Attorneys LLP
3001 Douglas Blvd., Suite 360
Roseville, CA 95661
916.773.2100
REQUEST/LOCATION:
A request to modify the Conditions of Approval related to timing of the formation of an
assessment district or other means to ensure ongoing maintenance oflandscaped areas within
the CalMat Cajon Creek Specific Plan area. The project area is generally located westerly of
Cajon Boulevard, between Devore Road and the community of Mus coy.
CONSTRAINTS/OVERLAYS:
o N/A
ENVIRONMENTAL FINDINGS:
o Not Applicable
o Exempt, Section
o No Significant Effects
o Mitigated Negative Declaration and Mitigation Monitoring Plan
./ Previous Environmental Impact Report, Mitigation Measures, and Mitigation
Monitoring/Reporting Program
STAFF RECOMMENDATION:
./ Approval
o Conditions
o Denial
o Continuance to:
Specific Plan No. 90-0/
Conditional Use Permit No. 9/-3/
Hearing Date: 09.20.05
Page 2
REQUEST AND LOCATION
CalMat Co., dba Vulcan Materials Company, is requesting a modification to the Conditions of
Approval imposed upon Specific Plan No. 90-Ol/Conditional Use Permit No. 91-31 related to
the timing of the formation of an assessment district or other means to ensure ongoing
maintenance oflandscaped areas within the CalMat Cajon Creek Specific Plan area. The
project area is generally located westerly of Cajon Boulevard, between Devore Road and the
community of Muscoy.
BACKGROUND
In 1993, the Mayor and Common Council approved the Cajon Creek Specific Plan and
Conditional Use Permit No. 91-31 to allow sand and gravel extraction activities and various
light and heavy industrial uses on approximately 1392 acres.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) STATUS
With approval of the Cajon Creek Specific Plan, the Mayor and Common Council certified
the Final Environmental Impact Report and adopted the Mitigation Monitoring/Reporting
Program. Amending the Condition of Approval does not affect any of the environmental
determinations or the Mitigation Monitoring Reporting Program.
DISCUSSION
The Specific Plan was laid out with sixteen Planning Areas (A-P), with permitted uses and
development standards outlined by Planning Area. Generally speaking, the lighter industrial
uses or "buffer" developments are adjacent to Cajon Avenue, with the heavier industrial uses
and extraction activities behind or to the west. The Planning Areas vary in size, based to a
large extent, on development constraints such as 8-inch and 14-inch petroleum pipelines,
Cajon Creek, the Burlington Northern Santa Fe and Union Pacific Railroad tracks, a San
Gabriel Valley Municipal Water District easement, and a Southern California Edison
easement. In addition, there are existing lots of record within the Planning Areas themselves.
The sizes of the Planning Areas and the existing parcels do not correspond with the ultimate
development projects.
Conditions of Approval that are applicable throughout the entire plan area were included in
the approval of the Specific Plan and Conditional Use Permit. Conditions 8 and 9 read as
follows:
"8. Prior to issuance of any subsequent development permits, conditional use permits or
the granting of tentative subdivision approvals, on a project by project basis, the
developer shall submit to the Planning Division for review complete concept master
landscape and irrigation plans for each development project within the Specific Plan
area. The landscape and irrigation plans shall comply with the "Procedure and Policy
Specific Plan No. 90-01
Conditional Use Permit No. 91-31
Hearing Date: 09.20.05
Page 3
for Landscape and Irrigation," and comply with all applicable provisions of Chapter
19.28 (Landscaping Standards) of the Development Code effective on the date of
approval of this Specific Plan. (Note: the issuance of a building development permit
by the Department of Planning and Building Services, does NOT waive this
requirement. No grading permit(s) will be issued prior to approval oflandscape plans.)
Trees are to be inspected by a representative of the Parks Department prior to planting.
9. No lot in the Specific Plan area shall be sold unless a corporation, assessment district
or other approved appropriate entity has been legally formed with the right to assess
all those properties which are jointly owned or benefited to operate and maintain all of
the mutually available features of the development including, but not limited to, open
space, landscaping or slope maintenance landscaping (which may be on private lots
adjacent to street rights-of-way). No lot shall be sold unless all approved and required
open space, landscaping, or other improvements, or approved phase thereof, have been
completed or completion is assured by a financing guarantee method approved by the
City Engineer.
a. Conditions, Covenants, and Restrictions (CC & R's) shall be developed and
recorded for the Specific Plan area subject to the review and approval by the
Department and the City Attorney. This review and approval shall occur prior
to the issuance of any Building Permits.
b. The recorded CC & R's shall permit the enforcement by the City."
While Condition No.8 requires that the master landscape plan be established and the
maintenance provision be in place prior to issuance of any permits or project approvals,
Condition No.9 requires this provision to be in place prior to the sale of any lot. The
applicant asked that the sale of any "lot" as specified in Condition No.9 be interpreted to
exclude Planning Areas. Staff did not agree with that interpretation. Staff is aware that the
Planning Commission was especially concerned with the view along Cajon Boulevard, and
wanted to ensure that a coordinated and comprehensive landscape plan be developed and
implemented for the entire Specific Plan area.
The applicant has prepared a conceptual landscape plan for medians, parkways/streets, and
slope areas for the industrially designated areas within the Specific Plan. Staff routinely
imposes landscaping maintenance provisions through the project review process whether the
application includes a Tentative TractlParcel Map, Conditional Use Permit, or Development
Permit. Staff believes that Condition No.8 should remain as previously adopted and
Condition No.9 should be modified, as follows:
9) No grading or building permits may be issued within the CalMat Cajon Creek Specific
Plan until such time as a corporation, assessment district, or other approved
appropriate entity has been legally formed. That entity will have the right to assess all
properties: (1) in the Planning Area in which the grading or building permit is being
issued; (2) whose Ultimate Use is designated as Light Industrial or Heavy Industrial;
Specific Plan No. 90-01
Conditional Use Permit No. 91-31
Hearing Date: 09.20.05
Page 4
and (3) that are no longer being used for Mineral Resource Extraction, Processing and
related uses, or for Interim Uses.
a) The area between the street curb and the building or parking areas, medians,
and slope areas on private lots shall be landscaped by the developer and
included in a landscape maintenance district. The specific boundaries will be
determined by the City Engineer through the plan check process.
b) The applicant shall grant a landscape maintenance easement for the areas
within the Landscape Maintenance District.
c) The Landscape Maintenance District shall be formed prior to issuance of
grading or building permits.
d) Separate sets of Landscape Plans (including the irrigation system) shall be
provided for areas included within the Landscape Maintenance District.
e) The project applicant shall form a corporation or other appropriate legal entity
for all other landscaped areas.
f) All landscaping within the Specific Plan area shall be consistent with the
Conceptual Landscape Plan dated September 20, 2005 (Attachment B).
CONCLUSION
The modification of Condition of Approval No.9 is consistent with the intent of the Specific
Plan and will not undermine what the Planning Commission was trying to accomplish.
RECOMMENDATION
Staff recommends that the Planning Commission modify Condition No.9 to Specific Plan
No. 90-01 and Conditional Use Permit No. 91-31to revise the wording and incorporate the
CalMat Cajon Creek Specific Plan Conceptual Landscape Plan.
Specific Plan No. 90-01
Conditional Use Permit No. 91-31
Hearing Date: 09.20.05
Page 5
Respectfully Submitted,
~~
James Funk
Director of Development Services
v dftW; U.1(~
Valerie C. Ross
Deputy Director/City Planner
Attachment A
B
Location Map
CalMat Cajon Creek Specific Plan Conceptual Landscape Plan,
September 20, 2005
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ATTACHMENT A
Specific Plan No. 90-01
Conditional Use Permit No. 91-31
Hearing Date: 09.20.05
Page 6
CITY OF SAN BERNARDINO
PLANNING DIVISION
LOCATION MAP
LAND USE DISTRICTS
PRO.JECT: SP 90-01
CUP 91-31
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HEARING DATE: 9/20/05
NORTH
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Specific Plan No. 90-01
Conditional Use Permit No. 91-31
Hearing Date: 09.20.05
Page 7
ATTACHMENT B
CalMat Cajon Creek Specific Plan
Conceptual Landscape Plan
September 20, 2005
1. Landscaping Theme. The design shall be tied together by a unifying landscape palette
and streetscape. This landscape theme will set the tone for individual lot development.
2. Selection of Landscape Materials. Landscape materials shall be selected based on their
ability to implement the overall landscape theme, their hardiness and ability to tolerate
strong winds, and shall be predominantly drought tolerant to reduce water consumption
for landscape purposes.
3. Medians. Street medians shall be landscaped, where the width permits and subject to
other considerations, such as public safety. Landscaping shall include low growing shrubs
and trees. Trees should reflect the overall street tree theme. Trees should not be planted in
the medians in areas where visibility and safety could be impaired. Planted medians may
narrow or be eliminated in areas where space is needed for turn pockets.
Figure 1:
Typical Median
Note:
All median plantings ahaH be selected and located 60
88 to not ob8truct vehlcfe vi81b111ty.
Automatlo lITIgation sy&tem shall be d88lgned and
Installed 80 as not to over&pray or ronoft' onto
surrounding tramc lanee.
Typical Groundcover
. Shall be used instead of turf
_ Shall be from nets or 1 gallon
thorough coverage
Typical Low Shrub Plantlngs
. 12- high mex. shrub plantlngs at ftngers
ypical Hardsceplng (20 - 30% of total median area)
_ 4-8- dla. riverrock paving over conaete baae
Typical Boulder Grouping
_ 2003' dls. granite boUlders In groupings of 3 to 4
plcal Median Trees
_ Tree8 aha. be planted with root ahiek:ls
_ Trees sha. be spaoed mlmumum 35' O.C.
_ TAles shall be minimum 24. box
Specific Plan No. 90-01
Conditional Use Permit No. 91-31
Hearing Date: 09.20.05
Page 8
The above figure is a conceptual design--for illustrative purposes only. Site design,
building footprints, parking and circulation, landscaping architecture and other site
design features are typical and based on the design requirements of the Cajon Creek
Specific Plan. Actual development may vary from this typical representation.
4. Slope Treatments. In general, slope planting shall consist oflow water use species with
minimum maintenance requirements. The plants should be capable of developing
extensive root systems in a relatively short period of time for effective erosion control.
Plant material on slopes should not require heavy or frequent fertilizing in order to thrive.
Slope planting should be designed to complement the landscape theme, serving as a
backdrop or extending the planting theme. The landscape treatment of interior slopes
should reinforce the streetscape design. Low-growing uniform ground covers should be
used in conjunction with shrubs of similar scale and texture to those planted along streets.
5. Parkways/Street Landscaping. A street theme tree(s) shall be selected to create a
uniform street tree planting. Broad headed multi-stem evergreen specimen trees, accent
trees, shrubs, ground covers and color accents should be considered to establish the
streetscaping. Each Specific Plan area road shall include trees of a consistent theme. Such
theme trees shall be planted within the right of way. The actual tree location must take
into account the location of underground utilities and other above-grade amenities such as
streetlights, fire hydrants, and ultimate project entries. Ample area should be provided
around each tree to ensure healthy growth. Tree grates that allow water to penetrate the
soil may be used around trees to enhance hardscape areas.
Note:
All median plaJrtl 8 shall be selected and located 80
88 to not 0 ct vehlae vtalblllty.
All IBoUngB shall comply with CIty
II Sight requtrements.
tomatic irrigation eystern ehal be d and
In.-talled 80 88 not to oventpl'8Y or n onto
8unounding traffic lanes_
Entty Monumentation
_ Typical U1emed entry monumentatlon elgnage
Figure 2:
Typical Parkway and
Monumentation
Entry Paving
_ Entry paving shall be interlocking pavers
over concrete baN
Parkway Landscaping
_ Meandering concrete sidewalks
_ Turf betWeen meandering Sidewalks and curbs
/'
Specific Plan No. 90-01
Conditional Use Permit No. 91-31
Hearing Date: 09.20.05
Page 9
The above figure is a conceptual design--for illustrative purposes only. Site design,
building footprints, parking and circulation, landscaping architecture and other site design
features are typical and based on the design requirements of the Cajon Creek Specific
Plan. Actual development may vary from this typical representation.
6. Entry Monumentation. Entry monumentation, if utilized, shall serve as identification
and theme elements. Major entry monumentation may be located at key entry points.
Monument walls shall work with the topography of the entry sites and will be clearly
legible from public streets. Planting for the monuments will focus attention toward and act
as a backdrop for the signage. All monuments should be lighted from the front with
fixtures compatible with the overall site lighting and planting. Internally lit signage at
entries is prohibited.
7. Lighting. Parking lot lighting shall coordinate with streetlights to provide a uniform
lighting character. Light standards located within each site, including parking lots, should
match the street light standards. Lighting of parking lots and adjacent buildings shall be
coordinated with regard to illumination levels and materials.
8. Hardscape. Areas ofhardscape may be used to add interest in public spaces. Enhanced
paving may be used to identify pedestrian areas. Other hardscape features shall be
designed to integrate with the overall landscaping.
9. Setbacks. Setbacks shall vary to create interest to the streetscape. Building setbacks
should be provided proportionate to the scale of the structure, consideration should also be
given to wider setbacks along primary streets and varying setbacks to provide visual
interests. Open, expansive parking areas should incorporate additional landscaping,
screening or other buffering techniques to create viewsheds from the primary streets that
are visually appealing.
10. Walls and Fences. A fence or wall used in screening an unsightly view, deflecting noise,
or providing required security shall be of a material similar to or compatible with the walls
of the adjacent building(s). No wire, slatted chain link, or steel fencing shall be
acceptable. Walls may be extensions of monument or identity signage, compatible with
the landscape theme. Screen walls shall be a maximum of six feet in height.
Walls located along the development boundary shall be solid masomy type and shall be of
similar materials and construction throughout the development. Rear yard walls, where
necessary, should be consistent with boundary walls.
Specific Plan No. 90-01
Conditional Use Permit No. 91-31
Hearing Date: 09.20.05
Page 10
Long, straight runs of a single fence or wall are monotonous and should be avoided
and should be broken by visual relief through periodically recessing the wall,
constructing pilasters or adding jogs in the fence line. In addition, landscaping, such as
trees, shrubs or vines, should be used to soften the appearance of the wall or fence.
11. Service, Loading, Outdoor Storage Areas, and Trash Enclosures. Because many
buildings will be visible from public rights-of-way, as well as internally, an attractive
treatment of service areas is a crucial element of the overall Specific Plan image.
Trash enclosures should not be located in view corridors. Surrounding landscaping
and berming is encouraged to screen views of service, loading, outdoor storage areas
and trash enclosures.
OFFICE OF THE CITY CLERK
RACHEL G. CLARK, C.M.C. - CITY CLERK
300 North "0" Street. San Bernardino. CA 92418-0001
909.384.5002. Fax: 909.384.5158
www.sbcity.org
,M
October 21, 2005
Mr. Patrick Mitchell
Downey Brand Attorneys, LLP
3001 Douglas Blvd., Suite 360
Roseville, CA 95661
Dr. Mr. Mitchell:
At the Mayor and Common Council meeting held on October 17, 2005, the following action was
taken relative to Specific Plan No. 90-01 and Conditional Use Permit No. 91-31 - CalM at
Cajon Creek Specific Plan:
The hearing was closed; and the Mayor and Common Council approved the
modification to Condition of Approval No.9 to Specific Plan No. 90-01 and
Conditional Use Permit No. 91-31 to revise the wording and incorporate the
CalMat Cajon Creek Specific Plan Conceptual Landscape Plan.
If we can be of further assistance, please do not hesitate to contact this office.
Sincerely,
(A~~.~
Rachel G. Clark
City Clerk
RGC:lls
cc: Development Services
Michael Linton, Vulcan Materials, 5694 Mission Center Road, Suite 602, PMB 424, San
Diego, CA 92108-4312
CITY OF SAN BERNARDINO
ADOPTED SHARED VALVES: Integrity. Accountability. Respect for Human Dignity. Honesty